K 4 & 4A, Tk e figui A Handy D Of more than with more esp including Count A Digest ol Including most Barrister-at-La\. . KS UNIVERSITY OF CALIFORNIA LOS ANGELES SCHOOL OF LAW LIBRARY E.G. nvermnent, Authorities, ,aw. (1894). ce 12.5. Qd. alters, CHAMBERS, i ice 1 0.v. Qd. Baker's Burial Laws : Sixth Ediiion. By E. LEWIS THOMAS, Barrister-at-Law. (1898.) Price 25s. The English POOP Law System, past and present : By Dr. P. F. ASCHROTT (Prussian District Judge). Translated by HERBERT PRESTON-THOMAS, with ,1 preface by HENRY SIDGWICK (Knight bridge Pro- fessor of Moral Philosophy in the University of Cambridge). (1888. ) Price 10.v. Qd. This work will be found to be by far the most comprehensive treatise on the English Poor Law System which has ever been published. Professor Sidgwick in his preface says : " When I read, two years ago, Dr. Aschrott's book on Das Englisclie Annen-Weseii, I felt that a need, which had for some time been growing in urgency, had been supplied by a remarkably thorough piece of work, and that an English translation of the book would be of real value not only to all persons professionally concerned with the administration of our Poor Law. but also to all English men and women who concern themselves seriously with social questions,." Fry's Assessment Acts : Eighth Edition. The Union Assessment Acts, 1862 to 1880, and The Rating Act, 1874; with Introduction, Notes, Circulars of the Poor Law Board and Local Government Board, Digest of Decided Cases, and Index. By R. i MXNINGHAM GLEN, M.A , LL.B., Barrister-at-Law. (1897.) Price 175. Qd. Standard Legal Works. The Law relating- to Highway Authorities (Glen's Highway Laws): By ALEXANDER GI.EX, M.A., LL.B., Barristcr-at-I.aw. Second Kdiiion. (1897.) Price 52*. Qd. Model Byelaws under the Public Health Acts Amendment Act, 189O : In respect of Telegraph Wires, New Streets ami Buildings, Alteration in Buildings, Sanitary Conveniences, Whirligigs, &c. , &c. (1891.) By W. A. CASSON, Barrister-at-Law. Price 4^. 66 & 57 On receiving the requisition the Chairman of the Parish Viet. 73, 45. T,,r ,. , .-. ,, i and Sch. I. Meeting or Council, as the case may be, must convene a Parish Meeting. If he fails to do this any two Parish Councillors or six parochial electors may call it. Not less than seven clear days before the meeting public notice thereof is to be given specifying the time and place, and the business, and signed by the Convener. The public notice is to be given in the manner required for giving notice of vestry meetings (i.e. by notices on or near to the doors of all the churches and chapels), and by posting the notice in some conspicuous place or places within the Parish, and in such other manner as appears to the person convening the meeting desirable for giving publicity to the notice. The meeting is to begin not earlier than 6 o'clock in the evening. No form of notice is prescribed. The following form is therefore suggested : PARISH OF PARISH MEETING. " PUBLIC LIBRARIES ACT, 1892." I, the undersigned, hereby give public notice that a Meeting of the Parochial Electors of the Parish of will be held at on at the hour of o'clock in the evening, for the purpose of considering and deciding (subject to any poll which may be legally demanded) upon the question set forth in the following requisition : (Here Copy tlu Requisition.) Dated the day of 18 . A. B., Chairman of the Parish Meeting (or Council). If there is a Parish Council for the Parish then the Chairman of that Council, if present at the meeting, is to be PART I DIGEST OF STATUTES. 15 the Chairman of the Meeting. If there is no Parish Council 56 & 57 for the Parish, then the Chairman of the Parish Meeting will ^Jf ' 19 preside, but if he is absent or unwilling or unable to take Scii. I. the chair, the meeting may appoint a person to take the chair, and that person is to have the powers and the authority of the Chairman. Only Parochial Electors are entitled to be present, and each elector may give one vote and no more on any question. The Chairman having taken the chair, the notice calling the Meeting should be read, and then a resolution should be moved and seconded (though the seconding is not strictly necessary) to the following effect : That the " Public Libraries Act, 1892," be adopted for the Parish of [subject to the rate being limited to one halfpenny (or three farthings) in the pound, or as the case may be], Observe that unless such is required by the Eequisition the opinion of the meeting is not to be taken on any question with respect to the limitation of the rate, and even if it is then only upon the limitations specified in the Act. If no limitation is mentioned in the Requisition the penny limit will apply. The question, having been put to the Meeting, is to be decided by the majority of those present and voting upon it. In case of an equal division of votes, the Chairman has a second or casting vote, and he is to announce his decision as to the result, and that decision is to be final unless a poll is demanded. The "Public Libraries Act, 1892," provides that its adoption is to be by a mere majority of answers in favour of it. (20.) A poll may be demanded by any one Parochial Elector, but this demand must be made before the conclusion of the meeting. The expenses of the meeting, including the ex- penses of any poll, are to be paid out of the poor rate and by the Parish Council, if there be one. The poll must be taken by ballot in accordance with and subject to the provisions of 48 of the " Local Government Act, 1894," and the Rules of the Local Government Board made thereunder. The Rules were made by General Order of the Board on November 15, 1894, for a parish where there is no Parish Council, and on February 5, 1895, for a parish having a Parish Council. It is unnecessary to reprint these Rules 5S&56 Viet. 53, 3 (2). 5S&56 Viet. 83, 3 (4) ; 56 & 57 Viet. 73, 7 (2); Sch. I. 56&S7 Viet. 73, Sch. I. 16 BOOK I LIBRARIES AND MUSEUMS. here, as they are well known by this time, and may be obtained from the Queen's printers, but the following is a summary of them : The Chairman of the Parish Meeting at which the Poll is demanded is to be the Returning Officer. But he may appoint some other person to act for him. He is to appoint an office for the purposes of the Poll, and (if there is no Parish Council) give notice thereof to the Overseers. If the Chairman does not act, he is to forward a copy of the reso- lution and name of proposer to the Returning Officer. The Returning Officer is to fix the day of the Poll, not being later than the fourteenth day after it was demanded. It is to be open during the hours last fixed for the Poll at- an election of Parish Councillors, if any, or the County Council may prescribe the hours. It must be open between the hours of 6 and 8 p.m. In a parish without a Parish Council, if the County Council has made no order, it is to be open between 4 and 8 p.m. In a parish having a Parish Council, separate Polls must be taken in each polling district or ward, if any, or the Returning Officer may divide the parish into polling districts for the Poll, so long as each district consists of an area for which separate lists of parochial electors will be available. In a parish where there is no Parish Council there is to be one polling place and one polling station for the parish, to be determined by the Returning Officer, unless the County Council otherwise order. In any other parish the Returning Officer determines the number and situation of the polling places, unless there are not more than 500 electors, when only one polling station is to be provided, unless the County Council otherwise order. No premises licensed for the sale of intoxicating liquors may be used. The Returning Officer is to give notice of the intended Poll 5 clear days at least before the day fixed for it. It is to be in the form prescribed in the Schedule, or to the like effect, viz. : NOTICE OF POLL. PAEISH of WHEREAS at a Parish Meeting for the Parish of (or for part of the Parish of ), held on the day of 189 , the following resolution was proposed by , a parochial elector for the said Parish, viz. : That the Public Libraries Act, 1892, be adopted for this Parish (subject to the rate being limited to |d. (or f d.) in the ," or as the case may be). PART I. DIGEST OF STATUTES. 17 AND WHEREAS a poll was demanded on the question whether the said Act should be so adopted or not, NOTICE IS HEREBY GIVEN day of 1. That a Poll on the said question will be taken on the 189 , between the hours of and 2. That the part of the parish for which the Poll is to be taken is as follows : (This paragraph to be omitted if the Poll is taken for the whole of the Parish.) 3. (a) That each elector must vote in the polling district in which the property in respect of which he votes is situate, and if it is situate in more than one polling district he may vote in any one, but in one only, of such polling districts. (b) The polling districts are as follows : (If the parish is not divided into polling districts this paragraph sJiould be omitted.) 4. The Poll will be taken at one polling place situate at . Only parochial electors will be entitled to vote. (If there are several polling places this paragraph to be altered accordingly.) 5. The Poll will be taken by ballot. Dated this day of (Office for purpose of Poll.) 189 . , Returning Officer. If there is only one polling station the Returning Officer is to preside ; if more than one, he is to appoint some person to preside at each of the other polling stations, who is to be called the Presiding Officer, and suitable persons residing in the parish are to be preferred. The Returning Officer is to furnish each polling station with screened compartments for voting, with a sufficient number of ballot papers. The following form of ballot paper is prescribed : Counterfoil No. Note. The counterfoil is to have a number to correspond with that on the back of the ballot paper. BALLOT PAPER. Poll on the following question. 1. That the Public Libraries Act, 1892, be adopted for this Parish (or as the case may be). Answer. Yes. No. No. FORM OF BACK OF BALLOT PAPER. Parish [or part Poll consequent on Parish Meeting for of Parish] 189 . Note. The number on the ballot paper is to correspond with that on the counterfoil. 18 BOOK I LIBRARIES AND MUSEUMS. The proposer of the resolution may in writing appoint one polling agent at each polling station, who may be paid or unpaid. Any such appointment must be delivered at the office of the Returning Officer two clear days before the Poll. The only questions authorised to be put to an elector in the polling station (and then only if required) are (a) Are you the person entered in the parochial register for this parish as follows (read the whole entry from, the register) ? (&) Have you already voted at the present poll ? The votes are to be counted by the Returning Officer in the parish or in some place near thereto as soon as practicable after the close of the poll. If there is an equality of votes for or against the resolution, the Returning Officer may, if a parochial elector, give a vote in writing, but he is not other- wise to be entitled to vote at the poll. The result must be declared in the following form, as pre- scribed : DECLARATION OF EESULT OP POLL. PAEISH of WHEREAS a Poll of the Parochial Electors of the Parish of (or a part of the Parish of ) was taken on day of 189 , on the following question, viz. : " That the Public Libraries Act, 1892, be adopted for the Parish of " (or as the case may be), I, the undersigned, being the Returning Officer at the said Poll, DO HEREBY GIVE NOTICE that the number of votes recorded thereat is as follows : In favour of the proposal votes. Against the proposal votes. Majority (in favour or aainst) votes, (as the case may be.) AND I DO HEREBY DECLARE that the said proposal was carried (or lost, as the case may be). , Returning Officer. 35&S6 (21.) The "Ballot Act, 1872," certain sections of the I5 C &S ; "Municipal Corporations Act, 1882," and the "Municipal Viet. 50; Elections (Corrupt and Illegal Practices) Act, 1884," are * 7 . & 4* applied and adapted. They are not set out here at length, as the Local Government Board Orders are doubtless in the possession of those who have to take Polls in parishes under them upon other matters. Any public notice is to be given under the Order by PAKT I. DIGEST OF STATUTES. 19 posting the same on or near the principal door of each church and chapel in the parish, or in some conspicuous place or places. (22.) There are certain Sections of the " Local Government Act, 1894," which have an incidental bearing on the adoption of the " Public Libraries Acts," and which, on that account, must be noted, though it is not desirable to occupy space by setting them out in detail here. (a) These sections are : 52, 53, 56, 57, 58, 67, Schedule II. (23.) The " Public Libraries Act, 1892," extends to every library district for which it is adopted. Every urban district, and every parish in England and Wales which is not within an urban district, is a library district. (24.) With respect to (a) the adoption of the Act for any library district ; and (V) the fixing, raising, and removing of any limitation on the maximum rate to be levied for the purposes of the Act; and (c) the ascertaining of the opinion of the voters with respect to any matter for which their consent is required under the Act ; the provisions which follow are to have effect. 1. Any ten or more voters in the district may address a requisition in writing to the authority hereafter in the section mentioned requiring that authority to ascertain the opinion of the voters with respect to the question stated in the requi- sition. Where the library district is a municipal borough the requisition may be made by the borough council : 2. On receipt of the requisition the authority is to ascertain by voting-papers the opinion of the voters with respect to the said question ; but the said authority is not to ascertain the opinion of the voters on any question with respect to the limitation of the rate unless required to do so by the requi- sition, or with respect to any limitation of the rate other than the limitations specified in the Act : 3. The procedure for ascertaining the opinion of the voters is to be in accordance with the regulations contained in Schedule I. to the " Public Libraries Act," 1892. 4. Every question so submitted to the voters is to be decided by the majority of answers to that question recorded on the valid voting-papers, and where the majority of those answers are in favour of the adoption of the Act the same (a) See G. F. Chambers's Popular Summary of the Law relating to Parish Councils, 2nd ed. (Knight & Co., Is. 6d.) G 2 56 & 57 Viet. 73, Extent and application of Act. 55 & 56 Viet. 53, 1. Proceed- ings for adoption of Act in parishes. 55&56 Viet. 63, 3. 20 BOOK I LIBEARIES AND MUSEUMS. Applica- tion of Act to city of London. 55 & 56 Viet. 53, 21. shall forthwith, on the result of the poll being made public, be deemed to be adopted : 5. Where the opinion of the voters in any library district is ascertained upon the question as to the adoption of this Act, or upon a question as to the limitation of the rate, no further proceeding may be taken for ascertaining the opinion of the voters until one year at least from the day when the opinion of the voters was last ascertained, that is to say, the day on which the voting-papers were collected : 6. The authority to ascertain the opinion of the voters for the purposes of this section is to be in a parish the overseers. IV. In The City of London, London Parishes, and Metropolitan Districts. (25.) The city of London is a library district, and on this Act being adopted for the City, the common council will be the library authority. The opinion of the voters in the city of London with respect to any question under the Act is to be ascertained by the mayor on the requisition of the common council. The expenses incurred in the city of London in executing the Act, including all expenses in connection with ascer- taining the opinion of the voters, are to be defrayed out of the consolidated rate levied by the Commissioners of Sewers, or out of a separate rate made, as the consolidated rate. So much of the Act as limits the rate or addition to a rate to be levied in any library district for any one financial year to Id. in the pound is not to extend to the city of London. (a) (26.) Every district mentioned in Schedule B. to the "Metropolis Management Act, 1855" (18 & 19 Viet. 120), as amended by subsequent Acts, is to be a library district, and the Act is to apply accordingly, with modifications : The opinion of the voters in any such district with respect to any question under the Act is to be ascertained by the District Board on the requisition of ten or more voters : The library authority for such district will be commis- sioners appointed by the District Board, and the provisions of the Act relating to commissioners appointed for a parish apply, with the substitution of "district" for "parish" and of " district board " for " vestry " : The expenses incurred in any such district in executing (a) These Commissioners were dissolved and their powers transferred to the Common Council by the GO & 61 Viet. c. xxxiii. PART I. DIGEST OF STATUTES. 21 the Act, including all expenses in connection with ascer- taining the opinion of the voters, are to such amount as is sanctioned by the District Board to be defrayed by that board in like manner as if they had been incurred for the general purposes of the "Metropolis Management Act, 1855"; and the sums from time to time required for defraying those expenses, to the extent so sanctioned, are to be paid by the district board to any person appointed by the commissioners to receive the same ; but a district board may not levy for the purposes of the Act any greater sum in any financial year than the amount produced by a rate of one penny in the pound, or any less rate specially fixed for the purpose of the Act in the district : The enactments authorising two or more neighbouring parishes to combine in carrying the Act into execution are to have effect as if any such district were included in the term " parish," and the district board of such district in the term " vestry " : Where a parish in any such district has adopted any of the Acts repealed, or hereafter adopts the " Public Libraries Act, 1892," it is to be treated in all respects as if it were outside the district, and, in particular, (a) a person shall not, by reason of being a voter in the parish, be accounted a voter in the district ; and (6) a representative of the parish on the District Board shall not take part in any proceeding of the board under this section ; and (c) the parish shall not be called on to contribute to the payment of any expenses incurred in pursuance of this section ; and (d) any question of accounts arising between the parish and the other parishes in the district, or between the parish and the district, in consequence of this section, is to be decided by the Local Government Board : After the adoption of the Act for any such district, pro- ceedings shall not, except with the sanction of the Local Government Board, be taken for the separate adoption thereof for any parish in the District. (27.) Numerous regulations are prescribed for ascertaining 55 & the opinion of the voters in a library district. " Presiding J^*' officer " means, in relation to any library district, the autho- rity required under this Act to ascertain the opinion of the voters on any question, or a person appointed by that authority, and that authority is referred to as the " district authority." 22 BOOK I LIBRARIES AND MUSEUMS. 55 * ^ 73 30 BOOK I. LIBRARIES AND MUSEUMS. 56 & 57 Viet. 73, 7 (7). Com- mittees of parish or district councils. S6&57 Viet. 73, 56. Provisions as to small parishes. 56 & 57 Viet. 73, 19. 56&57 Viet. 73, 19 (3). 55 & 56 Viet. 53, 5-8. 56&57 Viet. 73, 19. of that authority will, on the parish council coming into office, pass to that council. (48.) When any of the adoptive Acts is adopted for the whole or part of a rural parish after the appointed day, and the parish has a parish council, such council will be the authority for executing the Act. (49.) A parish council may appoint committees, consisting either wholly or partly of members of the council, for the exer- cise of any powers which, in the opinion of the council, can be properly exercised by committees. A committee will not hold office beyond the next annual meeting of the council ; the acts of every such committee must be submitted to the council for approval. (ii.) Not having a Parish Council. (50.) In a rural parish not having a separate parish council, the following provisions will, as from the appointed day, have effect (but subject to provisions made by a grouping order, if the parish is one of a group). (51.) The parish meeting may appoint a committee of their own number for any purposes which, in the opinion of the parish meeting, would be better regulated and managed by such a committee. The acts of the committee must be submitted to the parish meeting for approval. But it will probably be preferable to exercise the powers of appointing Library Commissioners for the parish contained in the " Public Libraries Act, 1892." (See pp. 32 and 39, post.) (52.) The Chairman of the parish meeting and the overseers of the parish will be a body corporate with perpetual suc- cession, and may hold land for the purposes of the parish without licence in mortmain ; but they must in all respects act in manner directed by the parish meeting ; and any act of such body corporate must be executed under the hands, or, if an instrument under seal is required, under the hands and seals, of the chairman and overseers. The legal interest in all property which under the " Local Government Act, 1894," would, if there were a parish council, be vested in the parish council will vest in the said body corporate of the chairman and overseers of the parish, subject to all trusts and liabilities affecting the same, and all persons concerned shall make or concur in making such transfers (if any) as are requisite to give effect to this enactment. On the application of the parish meeting the county council may confer on that meeting any of the powers conferred on a parish council PART I. DIGEST OF STATUTES. 31 by the " Local Government Act, 1894." Any act of the parish meeting may be signified by an instrument executed at the meeting under the hands, or, if an instrument under seal is required, under the hands and seals, of the chairman presiding and two other parochial electors present. (53.) Where any adoptive Act is in force in a part only of a Supple- rural parish, the existing authority under the Act, or the o"ig| ong parish meeting for that part, may transfer the powers, duties, as to adop- etc., of the authority to the parish council, subject to any 5^ A 5 c 7 ts> conditions with respect to the execution thereof by means of Viet. 73,53. a committee as to the authority or parish meeting may seem fit. Any such condition may be altered by a parish meeting. If the area under any authority under any adoptive Act will not after that day be comprised within one rural parish, the powers and duties of the authority shall be transferred to the parish councils of the rural parishes wholly or partly comprised in that area ; or, if the area is partly comprised in an urban district, to those parish councils and the urban district council, and shall, until other provision is made, be exercised by a joint committee appointed by those councils. Where any such rural parish has not a parish council the parish meeting takes the place, for the purposes of this pro- vision, of the parish council. The property, debts, etc., of any authority under any adoptive Act whose powers are transferred in pursuance of the " Local Government Act, 1894," will be the property, debts, etc., of the area of that authority; and the proceeds of the property shall be credited, and the debts and liabilities, etc., incurred in respect of the said powers, duties, etc., are to be charged to the account of the rates or contributions levied in that area ; and where that area is situate in more than one parish the sums credited to and paid by each parish are to be apportioned. The county council, on the application of a parish council, may alter the boundaries of any such area if they consider that the alteration can properly be made without any undue alteration of the incidence of liability to rates and contribu- tions, or of the right to property belonging to the area, regard being had to any corresponding advantage to persons subject to the liability or entitled to the right. (54.) A parish or district council may concur with any other Joint parish or district council in appointing out of their respective 5( ? 1 n 1 7 ttee ' bodies a joint committee for any purpose in respect of which Viet. 73, 57. they are jointly interested, and in conferring, with or without 32 BOOK I. LIBRARIES AND MUSEUMS. Constitu- tion of commis- sioners for executing Act in parish. 55 & 56 Viet. 53, 5. Rotation of commis- sioners. 55 & 56 Viet. 53, 6. conditions, on any such committee any powers which the- appointing council might exercise if the purpose related exclusively to their own parish or district. But a council cannot delegate to any such committee any power to borrow money or make any rate. A joint committee thus appointed will not hold office beyond the expiration of 14 days after the next annual meeting of any of the appointing councils. The costs of a joint committee are to be defrayed by the councils by whom it is appointed in such proportions as may be- agreed upon, or as may be determined in case of difference by the county council. Where a parish council can be required to appoint a committee consisting partly of members of the council and partly of other persons, that requirement may also be made in the case of a joint committee, and must be duly complied with by the parish councils concerned at the time of the appointment of such committee. III. In London Parishes and Metropolitan Districts. (55.) Where the Act is adopted for any parish the vestry must forthwith appoint not less than three nor more than nine voters in the parish to be commissioners for executing the Act. The commissioners will be a body corporate by the name of " The Commissioners for Public Libraries and Museums for the parish of , in the county of ," and will have perpetual succession and a common seal, with power to acquire and hold lands without licence in mortmain. (56.) The commissioners must, as soon as conveniently may be after appointment, divide themselves by agreement, or by ballot, into three classes, one-third, or as nearly as may be one-third, of them being in each class. The offices of the first class shall be vacated at the expiration of one year, the offices of the second class at the expiration of two years, and the offices of the third class at the expiration of three years from their appointment. The offices of vacating commissioners shall be filled by an equal number of new commissioners appointed by the vestry from among the voters. Every newly-elected com- missioner will hold office for three years from the date when the office became vacant, and no longer, unless re-elected. A person ceasing to be a commissioner may, unless disqualified, be re-elected. PART I DIGEST OF STATUTES. 33 Any casual vacancy among the commissioners, whether arising by death, resignation, incapacity, or otherwise, must be filled up by the vestry as soon as may be : but the term of a commissioner appointed to fill a casual vacancy will expire at the date at which the term of the commissioner in whose place he is appointed would have expired. (57.) It is to be noted that no qualifications of any kind 55 & 56 are prescribed for the members of Committees of Manage- J 6 1C & ^' 15- ment, to whom Councils can, if they choose, delegate their Viet. 73,56. powers. It is further to be noted that Commissioners chosen by Metropolitan Vestries to carry out the Acts do not appear to be at liberty to delegate their powers at all. SCOTLAND. (58.) The Magistrates and Council of any Burgh, or the Board of any Parish where the Act has been adopted are, within one month after its adoption, and thereafter from year to year, in the case of a Burgh, at the first meeting after the annual election of Town Councillors or Com- missioners of Police, and in the case of a Parish, at the first meeting after the annual meeting for the election of repre- sentative members of the Parochial Board, to appoint a Committee, consisting of not less than 10 nor more than 20 members, half of whom are to be chosen from amongst the Magistrates and Council, or Board, as the case may be, and the remaining half from amongst the householders of the Burgh or Parish other than the Magistrates and Council, or Board, and 3 members of such Committee are to form a quorum. (59.) Any member of Committee has power to resign on giving at least 14 days' notice to the Clerk of the Committee of his intention ; and in the event of any vacancy occurring in the Committee during its term of office by the resignation or death of any member, the Committee is forthwith to cause the same to be intimated to the Magistrates and Council, or Board, and the Magistrates and Council, or Board, as the case may be, may at a meeting thereafter elect from among themselves, or from among the householders other than them- selves, according to the class in which the vacancy has arisen, a member of Committee in place of the member so resigning or dying, provided that no proceedings of the Committee will be invalid or illegal in consequence of a vacancy in the Committee. D General Manage- ment to be vested in a Committee appointed by Magis- trates and Councils of Burghs and Boards of Parishes. 50 & 51 Viet. 42, 18. Mode of supplying casual vacancies. 50 & 51 Viet. 42, 19. 34 BOOK I. LIBRARIES AND MUSEUMS. Manage- ment to be vested in Council or Board, etc. 18&19 Viet. 40, 12. Constitu- tion of Com- mittee. 40&41 Viet. 15, 4. Commis- sioners of Towns adopting the Act to be incor- porated. 18 & 19 Viet. 40, 7. Provision for ap- pointment of commis- sioners. 57&5S Viet. 38, 2. IRELAND. (60.) The general management, regulation, and control of Libraries, Museums, or Schools of Science and Art shall be, as to any Borough, vested in the Council or Board, and as to any Town, in the Town Commissioners, or such Committee as they respectively may from time to time appoint. (61.) The Committee in which the general management, regulation, and control of such Libraries, Museums, or Schools may be vested under 12 of the Act of 1855 may consist in part of persons not members of the Council or Board, or Commissioners. (62.) The Town Commissioners of every Town adopting the Act shall, for the purposes thereof, be a Body Corporate, with perpetual succession, by the name of " The Com- missioners for Public Libraries and Museums for the Town of in the County of : " by that, name they may sue and be sued, and hold and dispose of lands, and use a Common Seal. (63.) If at any time after 6 months from the taking of a poll which resulted in favour of the adoption of the principal Act, the urban authority have not in the opinion of the Irish Local Government Board taken sufficient steps to carry the Act into execution, that Board may, upon the application in the prescribed manner of 10 or more voters, appoint from among the voters 5 commissioners to carry the Act into execution. Commissioners so appointed will have all the powers and duties appertaining to the urban authority, subject to such alterations as may be prescribed. They will hold office for such time as the Local Government Board direct, and upon the expiration of their term of office the Board may either appoint successors from among the voters or may by order empower the urban authority to carry the principal Act into execution. Any vacancy occurring among the commissioners will be filled by the Local Government Board from among the voters. PART I.- DIGEST OF STATUTES. 35 CHAPTER IV. WHAT MAY BE SUPPLIED UNDER THE "PUBLIC LIBRARIES ACTS." ENGLAND AND WALES. rTIHE library authority of any library district for which the Provision _l Act of 1892 has been adopted may provide all or any "" of the following institutions, namely, public libraries, public and museums, schools for science, art galleries, and schools for science * art ; and may purchase and hire land, and erect, rebuild, and art. alter, repair, and extend buildings, and fit up, furnish, and vLtlf n supply the same with all requisite fittings. Where any one of the institutions mentioned has been established either before or after the passing of the Act by any library authority, that authority may establish in connection therewith any other of the said institutions without further proceedings being taken with respect to adoption. No charge is to be^ made for admission to a library or museum, or, in the case of a lending library, for the use thereof by the inhabitants of the district ; but the library authority may grant the use of a lending library to persons not being inhabitants of the district, either gratuitously or for payment. (a) (65.) The general management of every library, museum, Manage- art gallery, and school provided under the Act will be vested jj| nt . of in the library authority ; that authority may provide therein etc^by 8 ' books, newspapers, maps, and specimens of art and science, llb * ar y. TT? , , -, -j | . j , ' authority and the same may be bound and repaired when necessary. or com- The authority may also appoint and dismiss salaried it * e -, officers and servants, and make regulations for the safety Viet. 53, 15 and use of every library, etc., under their control, and for the admission of the public. (a) The Attorney-General stated in the House of Commons, on Septem- ber 13, 1887, that when books were allowed to go out of a Public Library on loan, he thought it was competent for the Library Authority to require a reasonable deposit to ensure the safe return of such books. (Times September 14, 1887.) r> 2 36 BOOK I. LIBRARIES AND MUSEUMS. Powers of Committee as regards things which they may supply. 50 & 51 Viet. 42, 21. SCOTLAND. (66.) The duties of those charged with the management of Libraries, etc., under the Acts are much more fully defined in the Scotch Act of 1887 than in the English Act of 1892. (67.) The Committee is to manage, regulate, and control all Libraries and Museums established under the Act, or to which the Act applies ; and has power to do all things necessary for such management, including the following powers ; that is to say, To appoint Sub-committees of their own number : To appoint, pay, and dismiss, a salaried Clerk, and Librarians, Officers, and Servants : To purchase Books, Newspapers, Reviews, Magazines, and other Periodicals, Statuary, Pictures, Engravings, Maps, Specimens of Art and Science, and such other articles and things as may be necessary for the establishment, increase, and use of the Libraries and Museums, and to do all things necessary for keeping the same in preservation and repair : To provide the necessary fuel, lighting, and other matters : To sell or exchange any Books, Works of Art, or other property of which there may be duplicates, provided that the money arising from such sale, and the property received in exchange, shall be applied and held for the purposes of the Act: To provide suitable rooms in the Libraries within which the Books, Periodicals, and Newspapers may be read. (68.) The Committee may lend Books to the householders and inhabitants of the Burgh or Parish in and for which the Committee has been appointed, and at their discretion may grant the same privilege to the inmates of Industrial Schools, Training Ships, Reformatories, Barracks, and other similar institutions, established for or in the Burgh or Parish ; and also to any person carrying on business within the limits of the Burgh or Parish, or to any employee engaged in employ- ment therein, although such person or employee may not be a householder, and may not reside within such limits. (69.) The Committee may print Catalogues of the books, articles, and things in the Libraries or Museums under their control, and Reports of their Proceedings, and may sell the same. (70.) Where any of the following Institutions, namely, a Public Library, a Public Museum, a School for Science and PART I. DIGEST OF STATUTES. 37 Art, a School for Science, a School for Art, or an Art Gallery has been established under any Public Library Act in force for the time being, there may at any time be established, in connection therewith, any other of the said Institutions without further proceedings being taken for the adoption of the Act of 1887. (71.) All Libraries, Museums, or Art Galleries established under the Act, or to which the Act applies, are to be open to the public free of charge, and no charge is to be made for the use of books or magazines issued for home reading. (72.) When the Magistrates and Council, or Board, accept a grant out of moneys provided by Parliament, from any Committee of the Privy Council on Education, towards the purchase of the site, or the erection, enlargement, or repair of any School for Science a/id Art, or School for Science, or School for Art, or of the residence of any teacher in such School, or towards the furnishing of any such School, they have power to accept such grant upon the conditions prescribed for the acceptance thereof by the Committee, and to execute such instruments as may be required for carrying into effect such conditions. On payment of the grant they and their successors will be bound by such conditions and instrument. IRELAND. (73.) Those charged with the management of Public Libraries may from time to time provide the necessary fuel, lighting, and other similar matters, Books, Newspapers, Maps, and Specimens of Art and Science, and cause the same to be bound or repaired, when necessary, and appoint, pay, and dismiss salaried officers and servants, and make rules and regulations for the safety and use of the Libraries and Museums, or Schools of Science and Art, and for the admission of visitors. (74.) All Libraries and Museums established under the Act are to be open to the public free of charge. (75.) An urban authority may grant the use of a lending library established under the Act of 1855 to persons not being inhabitants, either gratuitously or for payment. (76.) The terms " Science and Art " and " Schools of Science and Art " used in the Act of 1855 include the Science and Art of Music and Schools of Music respectively ; and the Council or Board of any Borough or the Town Commissioners of any Town may apply such portion as they may deem fit of 38 BOOK I. LIBRARIES AND MUSEUMS. 40 & 41 the Rate which they are or may be authorised to levy, under Viet. , o. ^ e p rov i s i ons o f the principal Act, towards the maintenance and support of, and payment of the salaries of teachers of a School or Schools of Music, and the purchase of musical instruments, books, and other requisites for the use of such School or Schools. Power to (77.) Where any of the following institutions, namely, a museu^ 1 Public Museum, a Public Library, a School for Science and 47 & 48 Art, a School for Science, a School for Art, or an Art Gallery, Viet. 37, 3. j^g b een established either before or after the passing of the Act of 1884, under the " Public Libraries Acts," or any of them, there may at any time be established in connection therewith any other of the said institutions without any further proceedings for adoption being taken. PART I. DIGEST OF STATUTES. 39 CHAPTER V. THE PROCEEDINGS OF GOVERNING BODIES UNDER THE " PUBLIC LIBRARIES ACTS." ENGLAND AND WALES. THE Acts are silent as to what are to be the business arrangements of Town Councils and Boards : it is pre- sumed therefore that they are to work the " Libraries Acts " as they would any other Acts which they are called upon to administer. But Commissioners appointed for London parishes are not left to conduct their work wholly as they please. The Commissioners are to meet at least once in every month, and at such other times as they think fit, at some convenient place ; and any one Commissioner may summon a special meeting by giving three clear days' notice in writing to each Commissioner, specifying therein the purpose for which the meeting is called. No business is to be transacted at a meeting unless a quonirn of at least two are present. (78.) Orders and proceedings of the Commissioners must be entered in books, and must be signed by at least two Commissioners ; all such orders and proceedings so entered, and purporting to be so signed, are deemed to be originals, and such books may be produced as evidence of such orders and proceedings. (79.) The " Public Libraries Act, 1892," is one of the Acts which may be adopted by a Parish Meeting. If adopted, it will be carried into execution in accordance with the pro- visions of the " Local Government Act, 1894. "(a) (80.) The " Libraries Offences Act, 1898," confers new and special powers on governing bodies in England to maintain order in Libraries and reading-rooms. The penalty for com- mitting specified offences is 2, or less. (a) As to this, see any Text Books on the "Local Government Act, 1894," such as G. F. Chambers's "Popular Summary" (Knight & Co., Is.&d.). Commis- sioners. 55&56 Viet. 53, 7. Proceed- ings of commis- sioners to be recorded. 55 & 56 Viet. 53, 8. Parish Council or Meeting. 56 & 57 Viet. 73. Offences. 61 \ >>- Viet. 53. 40 BOOK I. LIBRARIES AND MUSEUMS. Meetings of Com- mittee, and appoint- ment of Chairman. 50 & 51 Viet. 42, 20. Power to Commitee to make by-laws. 50 & 51 Viet. 42, 22. By-laws to be adver- tised in newspaper before con- firmation. Manner of stating objections. 50 & 51 Viet. 42, 23. Exhibition of by-laws SCOTLAND. (81.) The Committee appointed under the Act of 1887 is, in the case of a Burgh, to meet once in every 3 months, or oftener if necessary, and in the case of a Parish, as often as may be necessary. A Chairman is to be appointed from among their own number, who is to hold office until the next election of Committee. Such Chairman is, in case of equality, to have a casting vote in addition to his own vote. In the event of a vacancy occurring in the office of Chairman, the Committee is at its first meeting thereafter to appoint a new Chairman, and in the absence of the Chairman of Committee at any meeting, the meeting is to appoint a Chairman for the time being. (82.) The Committee may make by-laws for regulating any matters connected with the control, management, pro- tection, and use of any property under their control. The by-laws may impose penalties for breaches thereof not ex- ceeding 5Z. for each offence, and they may be repealed, altered, varied, or re-enacted. There is a proviso that such by-laws are not to be repugnant to the law of Scotland, and before being acted on they are to be signed by a quorum of the Committee, and, except in so far as they relate solely to the officers or servants of the Committee, such by-laws must be approved of by the Magistrates and Council, or the Board, as the case may be, and must be approved of and confirmed by the Sheriff of the County. Nothing is to preclude the Magistrates and Council, or Board, as the case may be, from recovering the value of articles or things damaged, or the amount of the damage sustained, against all parties liable. (83.) No by-laws or alterations requiring confirmation are to be confirmed unless notice of the intention to apply for confirmation has been given in one or more newspapers published and circulated in the district 1 month at least before the hearing of the application for confirmation. Any party aggrieved by any such by-laws or alterations, on giving notice of the nature of his objection to the Clerk to the Com- mittee 10 days before the hearing of the application for con- firmation, may, by himself or counsel, attorney, or agent, be heard thereon. Not more than one party is to be heard upon the same matter of objection. (84.) For 1 month at least before any such application for confirmation of any by-laws or alterations thereof, a copy is PART I DIGEST OF STATUTES. 41 to be kept at the office of the Clerk to the Committee, and is also to be put up in some conspicuous place in each of the Libraries and Museums, and all persons may, at all reason- able times, inspect such copy without fee or reward. The Clerk is to furnish every person who shall apply for the same with a copy thereof on payment of 6d. for every 100 words copied. (85.) The Clerk is to give a printed copy of the by-laws in force to every person applying, without charge. A copy thereof is to be painted or placed on boards in some con- spicuous part of each of the Libraries and Museums, and such boards with the by-laws thereon are to be renewed from time to time as occasion shall require, and are to be open to inspection free. (86.) All by-laws or alterations duly made and confirmed are, when published and put up, to be binding upon and be observed by all parties. (87.) The production of a copy of the by-laws authenticated by the signature of the Sheriff who has confirmed the same, and a copy of the by-laws not requiring such confirmation, authenticated by the Common Seal of the Committee, and signed by the Chairman of the Committee at the time when the same were made, shall be evidence of such by-laws in all cases for prosecution under the same, without proof of the signatures or common seal. (88.) All penalties and forfeitures exigible under the " Libraries Act," and the Acts incorporated therewith, or under any by-law, may be recovered by an ordinary small- debt action in the name of the Clerk to the Committee before either the Sheriff or Justices of the District ; and the same shall be payable to the Committee and shall be applied for the purposes of the Act. In any prosecution an excerpt from the books of the Committee, certified by the Clerk or other proper officer, shall be held equivalent to the books of the Committee, and all entries in the books of the Committee bearing that any book mentioned or referred to therein has been borrowed by the person complained against shall be taken and received as evidence of the fact, and the onus pro- bandi shall be thrown on the party complained against, and if decree passes against such party, he shall be found liable in costs. (89.) All actions at the instance of the Committee shall be brought in the name of the Clerk, and in all actions against the Committee it shall be sufficient to call the Clerk as By-laws to be iu force. 50 & 51 Viet. 42, 26. Evidence of by-laws. 50 & 51 Viet. 42, 27. 42 BOOK I. LIBRARIES AND MUSEUMS. 50 & 51 Viet. 42, 29. Incorpora- tion of sections of 10&11 Viet. 16 ; 50 & 51 Viet. 42, 16. defender, and service on him shall be sufficient. All actions brought by or against the Clerk in his official character shall be continued by or against his successors without any action of transference. (90.) The " Commissioners Clauses Act, 1847," shall, with respect to the liabilities of the Commissioners, and to legal proceedings by or against the Commissioners, and with respect to mortgages to be executed by the Commissioners, excepting 84, 86, and 87, except where expressly varied by the Act of 1871, be incorporated with it. 18 & 19 Viet. 40 ; 57 & 58 Viet. 38. IRELAND. (91.) The Irish " Public Libraries Acts," differing from both the English and the Scotch Statutes allied to it, contain hardly any provisions for the guidance in their business arrange- ments of those charged with its execution. They must therefore in a certain sense strike out a course for themselves,. and would do well to conform to the provisions of the English and Scotch Acts in these matters, as near as may be. PART I DIGEST OF STATUTES. 43 CHAPTER VI. BORROWING POWERS UNDER THE "PUBLIC LIBRARIES ACTS." ENGLAND AND WALES. T7IVERY library authority, with the sanction of the Local Borrowing J_J Government Board, and in the case of commissioners authority^ appointed for a parish, with the sanction also of the vestry, 55 & 56 may borrow money for the purposes of the Act on the security ' of any fund or rate applicable for those purposes. 233, 234, 236-39 of the "Public Health Act, 1875," relating to borrowing by a local authority will apply, with necessary modifications, to all money borrowed by any library authority, as if the library authority were an urban authority ; and as if references to the "Public Libraries Act" were substituted in those sections and in the forms therein mentioned for references to the "Public Health Act, 1875." The Public Works Loan Commissioners may in manner provided by the "Public Works Loans Act, 1875," lend money to a library authority. (93.) Where under the " Public Libraries Acts " the consent 56 & 57 or approval of, or other act on the part of, the vestry of a 1C ' ' 7 " rural parish is required in relation to any expense or Rate, the parish meeting is to be substituted for the vestry ; and the expression " vestry " will include any meeting of rate- payers or voters. (94.) A parish council for any of the following purposes, that Borrowing IS to Say council. (a) for purchasing any laud, or building any buildings, 56 & 57 which the council are authorised to purchase or build ; lct ' ' 12 and (5) for any purpose for which the council are authorised to borrow ; and (c) for any permanent work or other thing which the council are authorised to execute or do, and the cost of 44 BOOK I. LIBRARIES AND MUSEUMS. 38 & 89 Viet. 55. Power to Council or Board to borrow on Mortgage or Bond. 50 & 51 Viet. 42, 14. Sinking Fund. 90 & 51 Viet. 42, 15. which ought, in the opinion of the county council and the Local Government Board, to be spread over a terra of years ; may, with the consent of the county council and the Local Government Board, borrow money in like manner and subject to the like conditions as a local authority may borrow for defraying expenses incurred in the execution of the " Public Health Acts"; and 233, 234, 236-39 of the "Public Health Act, 1875," shall apply accordingly, except that the money shall be borrowed on the security of the Poor Rate and of the whole or part of the revenues of the parish council; and except that as respects the limit of the sum to be borrowed, one-half of the assessable value is to be substituted for the assessable value for two years. A county council may lend to a parish council, and may, if necessary, without the sanction of the Local Government Board, and irrespectively of any limit of borrowing, raise the money by loan, subject to the like conditions and in the like manner as any other loan for the execution of their duties, and subject to any further conditions which the Local Government Board may impose. A parish council is not to borrow for the purposes of any of the adoptive Acts otherwise than in accordance with the "Local Government Act, 1894"; but the charge for the purposes of any of the adoptive Acts will ultimately be on the Rate applicable to the purposes of that Act. SCOTLAND. (95.) For carrying the Acts into execution, the Magistrates and Council, or the Board, as the case may be, may from time to time borrow at interest on Mortgage or Bond, on the security of the rate to be levied in pursuance of the Act, a sum of money not exceeding the capital sum represented by one-fourth part of the Library Rate, authorised by the Act, capitalised at the rate of 20 years' purchase ; and on repay- ment of such sum, or any part thereof, they may from time to time re-borrow, but so that the whole sum borrowed at any one time shall not exceed the amount of the said capital sum after deducting therefrom any sums set apart as a sinking fund as hereinafter provided. (96.) The Magistrates and Council, or the Board, as the case may be, are required to set apart annually, as a Sinking Fund for the extinction of capital sums borrowed under the PART I. DIGEST OF STATUTES. 45 1( 16 authority of any Library Act, a sum equal to at least one- fiftieth part of the money so borrowed, and such Sinking Fund shall be from time to time applied in repayment of the money so borrowed, and to no other purpose, and shall be lodged in a joint-stock bank of issue in Scotland, or invested in Government Securities, or lent out at interest in the name and at the discretion of the Magistrates and Council, or the Board, as the case may be, until the same be applied for the purpose before specified. (97.) The provisions of the " Commissioners Clauses Act, Parts of 1847," with respect to the liabilities of the Commissioners, ' and to legal proceedings by or against the Commissioners, porated. and with respect to mortgages by the Commissioners, except- ing 84, 86, and 87, shall, unless herein expressly varied, be incorporated, and the several words and expressions in that Act shall in the " Libraries Act " have the same respective meanings, unless there be something in the subject or context repugnant to such construction. The expression "the special Act" shall mean the "Libraries Act"; and the expression " the Commissioners " shall mean the Magistrates and Council or Board and the Committee under the " Libraries Act." IRELAND. (98.) The Irish "Public Libraries Act, 1855," conferred no Powers to borrowing powers on those charged with its execution, but mortgl^e n the Act of 1877 provides that for carrying the principal Act is& 19 and that Act into execution the Council, Board, or Com- Vlct ' missioners respectively may, with the approval of the Treasury, Vict 15 5 borrow on the security of a mortgage or bond of the Borough Fund or the Town Fund, or of the rates levied in pursuance of the principal Act, such sums of money as maybe required, and the Commissioners of Public Works in Ireland may from time to time advance such sums. The clauses and provisions of the "Companies Clauses Consolidation Act, 1845," with 8 Viet. 16. respect to the borrowing of money on mortgage or bond, and the accountability of officers, and the recovery of damages and penalties, so far as such provisions may be applicable, are incorporated. 46 BOOK I. LIBRARIES AND MUSEUMS. CHAPTER VII. THE ACQUISITION OF LANDS, ETC., FOR THE PURPOSES OF THE "PUBLIC LIBRARIES ACTS." Provision as to acqui. sition and disposal of land. 65 & 56 Viet. 53, 12. Vestry or district board may grant land. S5&56 Viet. 53, 28; 18 & 19 Viet. 120. Power to grant ENGLAND AND WALES. A LIBRARY Authority may purchase land, and the " Lands Clauses Acts," with the exception of the provisions relating to the purchase of land otherwise than by agreement, are incorporated. The library authority of any urban district may with the sanction of the Local Government Board set apart for Library, etc., purposes any land vested in that authority. A library authority may with the sanction of the Local Government Board sell or exchange land; money arising from the sale or received by way of equality of exchange, must be applied in or towards the purchase of other land better adapted for Library, etc., purposes; or it may be applied for any purpose for which capital money may be applied, and which is approved by the Local Government Board. A library authority may let a house or building, or any part thereof, or any land vested in them for the purposes of the " Public Libraries Acts " which is not at the time required for those purposes, but it must apply the rents and profits thereof for the purposes of the Acts. (100.) The Vestry or District Board constituted under the "Metropolis Management Act, 1855," for any parish mentioned in Schedule A. or district mentioned in Schedule B. to that Act, as amended by any subsequent Acts, may, if the " Public Libraries Acts " are in force in such parish or district, appropriate with the sanction of the Local Govern- ment Board for the purposes of the Acts any land which is vested in such vestry or board. (101.) Any person holding land for ecclesiastical, parochial, or charitable purposes may grant or convey, by way of gift, PART I. DIGEST OF STATUTES. 47 sale, or exchange, for any of the purposes of the " Public Libraries Acts," any quantity of such land, not exceeding in any one case one acre. But (a) ecclesiastical property is not to be granted without the consent of the Ecclesiastical Commissioners ; (&) parochial property is not to be granted save by the guardians of the poor law union comprising the parish to which the property belongs, or without the consent of the Local Government Board ; {c) other charitable property is not to be granted without the consent of the Charity Commissioners ; (d) the land taken in exchange or the money received for such sale is to be held on the same trusts as the land exchanged or sold ; {e) land situated in the administrative county of London, or in any urban district containing over 20,000 inhabi- tants, which is held on trusts to be preserved as an open space, or on trusts which prohibit building thereon, is not to be granted. Land granted to any library authority under this section may be held without any licence in mortmain. (102.) All land and other real and personal property, howso- ever acquired for any library, museum, art gallery, or school under the Act, is vested in the library authority. charity land for purposes of this Act. 55&5S Viet. 53, 13. Vesting of property. 55 & 56 Viet. 53, 14 SCOTLAND. (103.) The Magistrates and Council or Board, as the case may be, may from time to time appropriate, for the purposes of the Act, any lands or buildings vested in them, and may, out of the Library Rate, or out of money duly borrowed, purchase, feu. or rent any land, or any suitable building. They may, upon the land so appropriated, rented, feued, or purchased, erect any building suitable for Public Libraries, Public Museums, Schools for Science, Art Galleries, and Schools for Art, and may alter or extend any buildings, and repair and improve the same, and fit up, furnish, and supply the same with all requisite furniture, fittings, and con- veniences. (104.) The provisions of the " Lands Clauses Consolidation (Scotland) Act, 1845," with respect to the purchase of lands by agreement, and with respect to the purchase-money or compensation coming to parties having limited interests, or prevented from treating or not making a title, and with Lands, etc. may be ap- propriated, purchased, or rented. 50&51 Viet. 42. 10. Parts of 8 Viet. 19, incorpo- rated. 50&51 Viet. 42, 11. 48 BOOK I LIBRARIES AND MUSEUMS. Lands, etc., may be sold or ex- changed. 50 & 51 Viet. 42, 12. Vesting of lands, etc., 50 & 51 Viet. 42, 1:5. respect to conveyances of land, so far as such provisions are applicable to purchases, feus, or leases authorised by the " Libraries Act," and are not expressly varied, shall be incor- porated. The expression " Special Act " shall be construed to mean the " Libraries Act, 1887," and the expression " the Promoters of the Undertaking" shall be construed to mean the Magistrates and Council, or the Board, as the case may be. (105.) The Magistrates and Council, or the Board, as the case may be, may sell any lands, buildings, or other property vested in them for the purposes of the Act, or exchange the same for any lands, buildings, or other property better adapted for such purposes, and the money so arising, and the property received in exchange, shall be applied for the purposes of the " Libraries Act." (106.) The lands and buildings appropriated, purchased, or rented, and all other real or personal property whatever, pre- sented to or purchased for any Library or Museum under the Act, is in the case of a burgh vested in the Magistrates and Council, and in the case of a parish in the Board. Lands, etc., may be ap- propriated, purchased, or rented for the purposes of the Act. 18 & 19 Viet. 40, fl. 47 &48 Viet. 37, 2. 8 Viet. 18 incorpo- rated with the Act. 18 & 19 Viet. 40, 10. IRELAND. (107.) Any Council, Board, or Town Commissioners may, with the approval of the Treasury, appropriate for the pur- poses of the Act any lands vested in them, and may also, with such approval, purchase or rent any lands or buildings. They may, upon any lands so appropriated, purchased, or rented, erect any buildings for Libraries, or Museums, or Schools of Science and Art, and may rebuild, repair, improve, and fit up the same. These words are explained by a later Statute to mean that buildings may be erected for Public Libraries, Public Museums, Schools for Science, Art Galleries, and Schools for Art, or for any one or more of those objects. (108.) The "Lands Clauses Consolidation Act, 1845," is incorporated by the Act ; but the Council, Board, or Commis- sioners respectively shall not purchase or take any lands otherwise than by agreement. (109.) The Council, Board, or Commissioners may, with the like approval as is required for the purchase of lands, sell, for the purposes of the Act, any lands vested in them, or exchange the same for any lands better adapted for the purposes ; and the moneys to arise from such sale or exchange, or a sufficient part thereof, shall be applied towards the purchase of other lands more suitable. PART I DIGEST OF STATUTES. 49 (110.) The lands and buildings acquired in the way specified in the Act, and all other real or personal property whatever, presented to or purchased for any Library, or Museum, or School of Science and Art established under the Act, shall be vested in the Mayor, Aldermen, and Burgesses, or in the Town Commissioners, as the case may be. (111.) An urban authority may let a house or building, or part thereof, or any land vested in them, for Library, etc., purposes, which is not at the time required for those purposes. The rents and profits thereof are to be applied for the purposes of the Acts. (112.) Any person holding land for public or charitable pui*- poses may grant or convey, by way of gift, sale, or exchange, for any of the purposes of the "Public Libraries Acts," any quantity of such land, not exceeding in any one case one acre. But (i.) charitable property is not to be so granted without the consent of the Commissioners of Charitable Donations and Bequests for Ireland, and, in the case of land charged with the repayment of an advance made under the " Glebe Loan (Ireland) Acts," without the consent of the Commis- sioners of Public Works in Ireland ; (ii.) the land taken in exchange or the money received for such sale is to be held on the same trusts as the land exchanged or sold. Council or Commis- is & 19 Viet. 40,18, Pr( > vi81on letting of l^ n i' 58 vict.38, 5. certain land for O f Acts. & ^ 7 - & |o 50 BOOK I LIBRARIES AND MUSEUMS. Expenses of library authority, how defrayed. 55 & 56 Viet. 53, 18 Special provision as to expenses in parishes. 55&56 Viet. 53, 18 (2,3). CHAPTER VIII. RATES UNDER THE "PUBLIC LIBRARIES ACTS." ENGLAND AND WALES. TPHE expenses incurred in a library district, including all _L expenses in connection with ascertaining the opinion of the voters in the district, may be defrayed (i.) where the library district is a municipal borough, out of the borough fund or borough rate, or a separate Rate levied as the borough rate ; (ii.) where the library district is an urban district other than a borough, out of the rate applicable to the general expenses incurred under the " Public Health Acts," or a separate Rate levied as the rate so applicable ; (iii.) where the library district is a parish, out of a Rate to be raised with and as part of the Poor Rate, subject, however, to this qualification, that every person assessed to the poor rate in respect of lands used as arable, meadow, or pasture ground only, or as woodlands or market gardens, or nursery grounds, will be entitled to an allowance of two-thirds. (114.) "Where the library district is a parish, and is not combined with any other parish, then (i.) such amount only shall be raised out of a Rate as is from time to time sanctioned by the vestry ; (ii.) the vestry to be called for sanctioning the amount must be convened in the usual manner ; (iii.) the amount proposed to be raised for the purposes of the Acts must be expressed in the notice convening the vestry, and (if sanctioned) must be paid according to the order of the vestry to such person as may be appointed by the library authority to receive it ; (iv.) in the demand note for the rate there must be stated the proportion which the amount to be raised for the purposes of the Acts bears to the total rate. PART I DIGEST OF STATUTES. 51 Where a parish or a part of a parish is annexed to a library district, so much of the said expenses as is charge- able to such parish or part are to be defrayed as if such parish or part were a separate library district ; but the sanction of the vestry will not be required for raising the sums due from the parish. (115.) No rate or addition to a rate levied for the purposes Lin "ta- of the Acts for any one financial year in any library district expendi- may exceed one penny in the pound. The Acts may be turefor adopted for any library district subject to a condition that of* Act! 68 the maximum rate or addition to a rate levied for the purposes 55 . & 56 of the Acts in the district or in any defined portion in any one financial year is not to exceed one halfpenny or not to exceed three farthings in the pound. Such limitation if fixed at one halfpenny may be subsequently raised to three farthings, or be altogether removed ; or where it is for the time being fixed at three farthings it may be removed. (116.) Where a library authority accepts a grant from the Power to Department of Science and Art towards the purchase of the authority site, or the erection, etc., of any school for science or art, or to accept teacher's residence, or towards the furnishing of any such tarVgranT school, that authority may accept the grant upon the condi- 55 . & |6 tions prescribed by the Department, and may execute any instruments required by that Department, and upon payment of the grant will be bound by such conditions and instru- ments. (117.) Nothing in the general Acts limits or alters any rate gf^fg which a library authority is authorised to levy under a local vict.53,29. Act. (118.) The question of a limit to rates is further dealt with 56 . & ^ in the "Local Government Act, 1894," which refers to Rates (c). under adoptive Acts, of which the " Public Libraries Act" is one. That Act is not to be deemed to alter the incidence of charge of any rate levied to defray expenses under any adoptive Act ; and any such rate is to be made and charged as heretofore, and any property applicable to the payment of such expenses will continue to be so applicable. (119.) A parish council must not, without the consent of R estric - . . ' , . , .,, . , tionsonex- a parish meeting, incur expenses which will involve a rate penditure. exceeding threepence in the pound for any local financial year, *>6 J2 or which will involve a loan. A parish council must not, without the approval of the county council, incur any expense which will involve a loan. The sum raised in any local financial year by a parish F. 2 52 BOOK I. LIBRARIES AND MUSEUMS. 56 & 57 Viet. 73, 19 (7). Charity Library. 55 & 66 Viet. 53,16. Adjust- ment of interests on termi- nation of agreement. 55 & 50 Viet. 53, 24. Saving for Oxford. 55 & 50 Viet. 53, 25. council for their expenses (other than expenses under the adoptive Acts) must not exceed a sum equal to a rate of six- pence in the pound on the rateable value. " Expenses " includes any annual charge, whether of principal or interest, in respect of any loan. The expenses of a parish council and parish meeting are to- be paid out of the poor rate ; where there is a parish council that council must pay the expenses of the parish meeting ; the parish council, and where there is no parish council the chairman of the parish meeting, will, for the purpose of obtaining payment of such expenses, have the same powers as a board of guardians have for obtaining contributions to their common fund. The demand note for any rate thus to be levied must state the proportion of the rate levied for the expenses of the council or meeting, and the proportion (if any) levied for any adoptive Act, such as the " Public Libraries Act." (120.) In a rural parish having no parish council, a rate levied for the expenses of the parish meeting, when added to expenses under any of the adoptive Acts, must not exceed sixpence in the pound in any local financial year. (121.) Some ? miscellaneous provisions connected with financial matters applicable to England and Wales may here be brought together. (122.) The library authority of any library district may, with the consent of the voters and of the Charity Commissioners, make building and maintenance agreements with the govern- ing body of any library established or maintained out of funds subject to the jurisdiction of the Charity Commissioners, and situate in or near the library district. In case of inability, objection, or failure on the part of the governing body to enter into such an agreement, the Charity Commissioners may become party to the agreement on behalf of the governing body. (123.) Any agreement between two or more vestries or library authorities, or between a library authority and any other body, may provide that on its termination an adjustment shall be made of the interests of the several parties thereto in any property, and as to the mode in which the adjustment shall be arrived at. In the event of dispute the adjustment must be made by an arbitrator appointed by the Local Government Board. (124.) Nothing in the Act is to interfere with the operation of the Act 28 & 29 Viet. 108, so far as it relates to a rate for the Oxford public library. L DIGEST OF STATUTES. SCOTLAND. (125.) The expenses of carrying the Act into execution, including all sums payable in respect of interest and sinking fund for money authorised to be borrowed, and all sums necessary for the maintenance of the Libraries and Museums, or for the purchase of the articles and things authorised to be purchased, are to be paid out of the Library Rate, which is to be levied, in the case of a Burgh, as the Burgh General Assessment ; and in the case of a Parish, as the assessment leviable under the Act 8 & 9 Viet. 83.(a) (126.) The Library Rate to be levied in any year is in no case to exceed Id. in the of yearly rent or annual value as appearing on the valuation roll ; and where, under the provisions of any General or Local Police Act, the Burgh General Assessment is or may be levied at a higher Rate upon lands or premises above a certain fixed rent than upon lower rented lands or premises, such provisions, so far as they authorise such differential Rate, are not to be applicable to the Library Rate. IRELAND. (127.) The amount of the Rate to be levied in any Borough or Town, in any one year, for the purposes of the Act is not to exceed Id. in the , and in any such Borough is to levied in the same manner as the Borough Rate, and in any such ' Town is to be levied in the same manner as the Town Rate. (128.) When a vote is taken as to the adoption of the " Public Libraries Act, 1855," in addition to the simple vote " Yes " or " No," such voting-paper may stipulate that its adoption shall be subject to a limitation to some lower rate of assessment than the maximum allowed by Parliament at the time. Such lower limit, if once adopted, cannot be subse- quently altered except by another public vote. (129.) Doubts having arisen as to whether authorities acting under the " Public Libraries Acts" had power to fulfil the conditions required for a Parliamentary grant in aid of the establishment of a School of Science and Art, it has been enacted that where any library authority accepts a Parlia- mentary grant from the Privy Council towards the purchase of the site, or the erection, etc., of any School for Science or Art, or teacher's residence, or towards the furnishing of any (a) This is the " Poor Law Amendment (Scotland) Act, 1845." Expenses of execut- ing Act. 50&51 Viet. 42, 7. Rate not to exceed Id. the. 50 & 51 Viet. 42, 8. Rate not to exceed Id. in the . 18&19 Viet. 40, 8. Limit of assess- ment. 40&41 Viet. 54, 2. Power of library authority to accept Parliamen- tary grant. 47 &48 Viet. 37, 1. 54 BOOK- I LIBRARIES AND MUSEUMS. such school, such authority shall have power to accept the- grant upon the conditions prescribed by the Privy Council, and may execute such instruments as may be required, and upon payment of the grant will be bound by such conditions and instruments. (130.) Where an urban authority accepts a grant from the Department of Science and Art towards the purchase of the site, or the erection, etc., of any School for Science or Art, or teacher's residence, or towards the furnishing of any such school, that authority may accept the grant upon the conditions prescribed by the Department, and may execute any instruments required by that Department, and upon payment of the grant will be bound by such conditions and instruments.(a) (131.) The expenses incurred in the execution of the Act of 1894 are to be defrayed as provided by the principal Act. Where in any urban district a limit is by law imposed upon the rating power of the urban authority, such authority may impose and levy the rate authorised by the principal Act notwithstanding such limit. (132.) Any agreement under the Act of 1894, between two or more urban authorities, or between an urban authority and any other body, may provide that on the termination of the agreement an adjustment shall be made of the interests of the parties in any property to the provision of which they have contributed. In the event of any dispute the adjust- ment must, on the application of any of the parties, be made by an arbitrator appointed by the Local Government Board. (133.) The Local Government Board may make Rules for carrying into effect the objects of the Act. Those rules are to be laid before Parliament, and are to be judicially noticed and have effect as if enacted by the Act. (a) This enactment, it will be noticed, is nearly a repetition of that men- tioned in the previous paragraph. PART I DIGEST OF STATUTES. 55 CHAPTER IX. ACCOUNTS AND AUDIT UNDEE THE "PUBLIC LIBRARIES ACTS." ENGLAND AND WALES. CIEPARATE accounts are to be kept of the receipts and Accounts O expenditure of every library authority. Those accounts 55^56 it> are to be audited in the case of a library authority which is an Viet. 53, 20. urban authority, as the accounts of that authority under the " Public Health Acts." The accounts of a library authority being commissioners are to be audited yearly by a district auditor as if they were Poor Law accounts within the " District Auditors Act, 1879." vlct 6. The accounts of any library authority other than the council of a municipal borough are to be open at all reasonable times to the inspection, free of charge, of any ratepayer. A ratepayer may without charge make copies of those accounts. If any library authority or person having the custody of the accounts fails to allow them to be inspected, or copies to be made, such authority or person will be liable on summary conviction to a fine of bl. or less. (135.) The foregoing provisions respecting Library accounts must be taken in connection with the analogous provisions of the " Local Government Act, 1894," where it is a question of audit. SCOTLAND. (136.) The Magistrates and Council of a Burgh, or the Accounts Board of a Parish, are to keep books in which are to be toupee- 11 entered true and regular accounts of their receipts, payments, tion, and to and liabilities, which books are, at all reasonable times, to be k n( f udlted open to the inspection of every person liable to be assessed published for the Library Rate. The Magistrates and Council, or yfjfr' Board, as the case may be, are to cause such accounts to be Viet. 42, 9. annually audited by competent auditors, not members of the 56 BOOK ILIBRARIES AND MUSEUMS. Committee, after which audit the accounts are to be signed by 2 of the magistrates and Council, or 2 members of the Board, and an abstract thereof similarly signed is to be inserted in one or more newspapers circulated in the Burgh or Parish. (137.) The Committee every April is to cause to be made an estimate of the sums required to defray the interest of money borrowed, the payment of the sinking fund, and the expense Viet. 42, so. of maintaining the Libraries or Museums for the year after Whit-Sunday then next to come, and for purchasing the books, articles, and things authorised. The Committee is to report the same to the Magistrates and Council or to the Board, and the Magistrates and Council, or the Board, are to provide the amount required out of the Library Rate to be levied by them, and to pay over to the Committee the sum necessary, according to the estimate. The accounts to be audited, sent to the Lord Lieu- tenant, and open to in- spection. 18 & 19 Vicfc. 40, 6. IRELAND. (138.) Councils or Boards in Boroughs, and Commissioners in Towns, are to keep distinct accounts of their receipts, ex- penditure, and liabilities in connection with the execution of the Act. (139.) Such accounts are to be audited in the same way as all other accounts of such Borough or Town respectively are audited, and the Council, Board, or Town Commissioners are, within one month after the accounts have been audited, to transmit to the Lord Lieutenant a correct copy of them ; they are also within the time aforesaid to cause a copy of such accounts to be deposited in the office of the Clerk, which copy is to be open to the inspection of all householders of such Borough or Town respectively. Copies are also to be delivered to any householder applying for the same, upon payment of a reasonable charge, to be fixed by the Council, Board or Town Commissioners, as the case may be. 57 PAET II. OFFICIAL DOCUMENTS. fTHHERE is no one Department of State specially charged J_ to supervise the general working of the " Public Libraries Acts," and therefore there are few materials avail- able to be ranked under the term " Official Documents." The Local Government Board controls, in some measure, the financial arrangements of any Local Authorities which may undertake the working of the Acts, but that control is for a specific and limited purpose, and does not touch questions of general administration. When Schools of Science and Art are worked by Local Authorities, in connection with Public Libraries or Museums, the Science and Art Department at South Kensington comes to some extent in contact with such authorities, but this again is only for a limited purpose. AUDIT ORDER OF THE LOCAL GOVERNMENT BOARD AS TO THE ACCOUNTS OF PUBLIC LIBRARIES AND MUSEUMS. To the Commissioners for Public Libraries and Museums appointed under the " Public Libraries Act, 1855," or the " Public Libraries Act, 1892 " ; To the District Auditors for the time being authorised to audit the Accounts of the said Commissioners re- spectively ; And to all others whom it may concern. WHEREAS by Sections 3 and 5 of the " District Auditors Act, 1879," it is enacted as follows : 58 BOOK L LIBRARIES AND MUSEUMS. "3. Where the accounts of the receipts and expenditure " of a Local Authority are audited by a District Auditor, " the Local Authority shall prepare and submit to the " District Auditor at eveiy audit (other than an extra- " ordinary audit held in pursuance of Section 6 of "the 'Poor Law Amendment Act, 1866'), a Financial " Statement in duplicate in the prescribed Form and " containing the prescribed particulars ; one of such " duplicates shall have the stamp charged under this " Act affixed thereon, and the Auditor at the conclusion " of the audit shall cancel that stamp, and certify on " each duplicate, in the prescribed Form, the amount in " words at length of the expenditure so audited and " allowed, and further, that the regulations with respect " to such Statement have been duly complied with, and " that he has ascertained by the audit the correctness " of the Statement." " 5. Where any accounts of the receipts and expenditure " of a Local Authority are subject by law to be audited " by a District Auditor, the Local Government Board " may from time to time by Order make, and when " made revoke and vary, such regulations as seem to " the Board necessary or proper respecting the audit of " such accounts, including the form of keeping the " accounts of the Local Authority and their officers, the " day or days to which the accounts are to be made up, " the time within which they are to be examined by the " Local Authority, the mode in which, if it is so pre- " scribed, they are to be certified by the Local Authority " or any officer of that Authority, the mode of publishing " the time and place of holding the audit, the persons " by whom such accounts are to be produced for audit, " and the mode of conducting the audit, and an Order " under this section shall be deemed to be an Order " within the meaning of section ninety-eight of the " ' Poor Law Amendment Act, 1834.' " And whereas the Commissioners for Public Libraries and Museums, being Local Authorities, the Accounts of whose receipts and expenditure are audited as mentioned in the said Section 3, We, the Local Government Board, by an Order dated the 25th day of September, 1886, prescribed the Form of the Financial Statement to be prepared and submitted to the District Auditor by such Commissioners ; PART II. OFFICIAL DOCUMENTS. 59 And whereas it is expedient that the said Order should be rescinded, that a fresh Form of Financial Statement should be prescribed, and that Regulations should be prescribed as hereinafter mentioned : NOW THEREFORE, We hereby rescind the above cited Order, and We hereby Order and Prescribe as follows : ARTICLE I. The regulations contained in this Order shall be observed with respect to the Financial Statement and the Accounts of the Commissioners for Public Libraries and Museums, as such Local Authorities as aforesaid, except in so far as We may from time to time assent to any departure from such regulations. ARTICLE II. The Financial Statement to be prepared and submitted to the District Auditor in duplicate by the said Commissioners, in accordance with the provisions of the Section first above recited, shall be in the Form in the Schedule to this Order, and shall contain the particulars therein specified ; and the Certificate of the District Auditor to be appended to each such duplicate shall be in the Form set forth at the foot of the said Statement. ARTICLE III. The Accounts of the said Commissioners and of their officers shall be made up and balanced to the Twenty-fifth day of March in each year. [Appended to this Order there are a number of elaborate blank columns of Tabular Matter which it has not been deemed necessary to reproduce in this volume. Copies of the whole document in its complete form may be purchased of the Queen's Printers.] Given under the seal of office of the Local Government Board this 26th day of November, 1892. H. H. FOWLER, President. S. B. PROVIS, Assistant Secretary. 60 BOOK I. LIBRARIES AND MUSEUMS. PART III. PRECEDENTS OF FORMS, ETC. I, REGULATIONS FOR A PUBLIC LIBRARY AND MUSEUM. (a) 1. The Chief Librarian shall have the general superin- tendence of the Library and Museum, and shall be responsible for the safe keeping of the books, newspapers, specimens, and other property belonging thereto. He shall keep such books of account and registers as the Library Committee shall require, and shall comply with all the lawful directions of the Committee applicable to his office. 2. The Library Committee shall not give or divide any money or property to or between any of its members. 3. The Library, Reading-Room, and Museum shall be open to the public from 10 A.M. to 9 P.M. every day except Sunday, Christmas Day, and Good Friday, and except such other days as the Committee may from time to time deem necessary for the execution of repairs or for cleaning the premises. 4. No charge for admission shall be made, but the Librarian and attendants are authorised to exclude persons who appear intoxicated, or in an uncleanly condition, or who are under [14] years of age. 5. No audible conversation is permitted in the Library or in the Reading-Room ; nor is smoking, gaming, betting, or profane or indecent language allowed in any part of the (a) In Scotland these may be " By-Laws " with the legal attributes thereof. (See 50 & 51 Viet. 42, 22). PART III PRECEDENTS OF FORMS, ETC. 61 building. Refreshments are only to be served or taken in the rooms (if any) which are prescribed for the purpose. 6. No visitor shall be allowed to pass within the railing which separates the tables from the book-cases, nor to re- move any book from a shelf except by permission of an attendant. 7. Every person on entering the building shall write, or cause to be written, his name, residence, and occupation, in a book to be provided for that purpose ; and such signature shall be deemed to imply that the writer is prepared to admit that these By-La ws are binding on him. Without such signature as aforesaid, no person shall be permitted to use either the Library, the Reading-Room, or the Museum. Wilfully giving a false name or a false address shall subject the offender to a penalty as hereinafter prescribed. 8. Every reader shall apply for the books he wants by entering their names on tickets provided for the purpose. He shall sign each ticket, and such signature shall operate as a receipt for the book named on such ticket ; and he shall, before quitting the Library, return each book into the hands of an attendant, and claim the re-delivery of the corresponding receipt, with the view of its being cancelled ; otherwise he will be held responsible for the book to which it refers. 9. Every reader who shall leave the Library or Reading- Room without returning to the Librarian, or to an attendant, any book lent to him, or who shall soil, write in, or other- wise damage any book, may be called upon to pay the full value of the said book, or to replace the said book within [one] week with a new copy of the said book of equal value ; out in any such case he shall be entitled to receive the damaged copy. 10. The Librarian shall exclude any person who shall neglect or decline to comply with any of these By-laws ; and he shall not permit any person to remain on the premises who shall wilfully offend against any By-Law, or be guilty of any disorderly or improper conduct. He may also for sufficient reasons withhold any book from any person desirous of borrowing the same. Any person who may con- sider himself aggrieved by any act of the Librarian may appeal to the Library Committee. 11. Catalogues shall be kept on the tables for the use of visitors. 12. Readers desirous of recommending books for addition Visitors not to remove books. Applica- tion for books. Cata- logues. 62 BOOK I. LIBRARIES AND MUSEUMS. Illustrated works. Damage to books. Loan of books. Kegula- tions as to Jborrowing. to the Library, or of making any suggestions as to its manage- ment, may do so in the " Suggestion Book " provided for that purpose. Such book shall be laid before the Library Com- mittee at stated intervals. Readers making entries in that book must append their names and addresses. 13. Certain costly illustrated works are only issued after a written application to the Library Committee. Illustrations of all kinds may be copied, but not traced, it having been found that the practice of tracing often leads to serious damage being done to illustrations. 14. Readers are particularly requested to take care not to soil any books lent to them, nor to turn down the leaves. They are also requested to report to the Librarian any accidental injury which may happen to a book whilst in their possession, or which they may discover to have occurred pre- viously. 15. Under certain regulations hereafter set forth, certain classes of books may be borrowed for removal from the premises ; but, except in accordance with those special regu- lations, no book, map, manuscript, or newspaper shall be removed by any visitor from the Library or the Reading- Room on any pretence whatever. 16. No person shall be allowed to borrow a book from the Library for perusal elsewhere without first filling up and signing a paper in the form marked A. (see post) ; nor without also (if required by the Librarian) obtaining a Rate- payer to become a surety for him, and such Ratepayer will foe required to sign a voucher in the form marked B. (see post). This engagement will remain in force until notice in writing of his desire to withdraw from it be given to the Librarian by the person making it ; the Librarian will give a release on ascertaining that no liability has been incurred, or if incurred, upon ascertaining that the liability has ceased. This voucher must be [signed in the presence of and] delivered to the Librarian, who may, if he thinks proper, delay for a reasonable time, not exceeding [3] days, the grant of books to the person recommended, in order to permit of inquiry respecting him or the Ratepayer signing the voucher. When the name of a person desiring to be enrolled as a borrower is duly entered in the book kept for that purpose, the borrower will receive a ticket, the production of which from time to time will entitle him (subject to these By-Laws) to borrow books for the term of one year from the date of issue of the said ticket, but no borrower shall be per- PAKT III PRECEDENTS OF FORMS, ETC. 63 initted to have more than [3] books in his possession at the same time. 17. The same Ratepayer shall not at one and the same Restriction time be surety for more than [3] different borrowers without onsureties - the special sanction of the Library Committee. 18. All books borrowed must be returned to the Library Books to within the time specified on the respective covers. For ^thin every book not duly returned, a fine of [Id.'] shall be paid specified for the whole or any portion of the first week, and a fine of * [ld.~] for [every week] or portion of a week afterwards. At the end of the [8th week] after the expiration of the period for which the book may be kept, application will be made to the borrower or to the borrower's surety for the return of the book, or payment of its value. 19. If in any case [6 months] shall have elapsed between the due return of a book lent, and an application for another, a new voucher must be produced, as on a first application. 20. The Librarian shall carefully examine, or cause to be Books to be examined, each book on its return, and if the same be found to have sustained any disfigurement, or injury, he shall require the borrower or his surety to pay the amount of the injury done, or otherwise to procure a new copy of the book of equal value to the one injured ; in the latter case the person who replaces the book shall be entitled to the damaged copy at the time when he deposits the new one. Books thus ceasing to be the property of the Library shall in all cases be stamped as follows : " Public Library: removed by authority as damaged." Books lost or stolen shall continue the property of the Library, although replaced or paid for. 21. No borrower shall wilfully alter or erase any figure on Labels not the label of a book whilst the same is in his custody. All books borrowed from the Library must be returned, irrespec- with, tive of the time allowed for reading, on or before [June 22] in each year, when the Library will be closed until [July 1]. And all books borrowed must also be returned at such other times as may be appointed by the Committee, of which [14 days'] previous notice will be posted in the Library. Bor- rowers offending against this By-Law will incur a penalty of [Is.], and will risk the forfeiture of their privilege of borrowing books unless they can prove ignorance of the notice. 22. Every borrower who is about to leave the neighbour- Borrowers hood, or who intends to cease using the Library, is requested }e ^ c s the to return his ticket to the Librarian to have it cancelled : 64 BOOK I. LIBRARIES AND MUSEUMS. Addresses. Tickets to- be pro- duced. Books not to be lent by borrowers. Re-borrow- ing. Delivery of borrowed books. Recovery of fines. Damage to property j Applica- tions for books. otherwise he and his surety will be held responsible for any books that may be issued in his name. 23. Every borrower when he changes his residence is required to hand his ticket to the Librarian and notify his new address, otherwise he will risk the forfeiture of his privilege of borrowing books. 24. Every borrower must on demand produce his ticket each time that he makes application for a book ; and borrowers are cautioned against losing their tickets, as they will be held responsible for any books that may be issued in their names. Tickets that are lost can only be replaced at the expiration of [one week's] written notice to the Librarian and on the payment of [6tZ.]. In the interim the issue of books to the borrower shall be suspended. 25. No borrower shall part with the possession of a book entrusted to him, or lend it to any person other than to a member of his own family resident under the same roof as himself. 26. No book can be renewed if another person has applied to borrow it. Books cannot be exchanged more than once in the same day. 27. No borrower on returning a book shall leave it on the counter, or give it to another borrower, but he shall deliver it to the Librarian or to an assistant. Every borrower is held responsible for any book not duly delivered as aforesaid. 28. If a borrower shall not bring back to the Library within due time any book lent to him, or shall refuse or neglect to pay on demand any fine, or the amount of any injury for which he is responsible under these By-Laws, or to procure another copy of a book as before provided, then such fine, the amount of such injury, or the value of such book, shall be a debt due from such borrower and recoverable either from him or his surety, or from both of them jointl} T , at the discretion of the Library Committee, by process of Law. 29. The preceding By-Laws shall be applicable, so far as may be, to all cases where damage or injury is done to any property in the Library or Museum, whether books or not. 30. Every person who desires to borrow a book for removal from the Library is advised to present a list of at least [6] books likely to be useful to him and in the order of his preference, so that in case one book may be out another may be offered in its stead. Applications for single books, and also verbal applications, have been found to cause great PART III. PRECEDENTS OF FORMS, ETC. 65 inconvenience, and cannot be permitted. Every list drawn up in accordance with the foregoing requirement must contain the "Class Letter," "Catalogue Number," and "Title," accurately set out for the guidance of the Librarian in looking for the books. He must also sign a receipt for each book that is issued to him, and each such receipt will be re-delivered to him when the book to which it relates is duly returned to the Librarian in proper condition. 31. Every person who shall offend against any of the Penalties, foregoing By-Laws to which no penalty is affixed shall pay for every such offence a penalty of 2, to be recovered according to the provisions of the " Summary Jurisdiction Acts." Provided, nevertheless, that the Justices or Court before whom any complaint shall be made for a breach of any of these By-Laws may, if they see fit, reduce this or any penalty herein prescribed. (a) II. BORROWER'S TICKET (SIMPLEST FORM). MANCHESTEE PUBLIC FREE LIBEARIES. Title and No. of Book requested Signature Address Occupation Date Books must not be taken from the Eeading-Eoom, and must be handed to the attendants when done with. (a) Let it be noted that there is no power to insert this penalty clause in Eegulations made for Libraries established in England and Wales or Ireland'; it is only a Scotch power at present. F 66 BOOK I LIBRARIES AND MUSEUMS. III. BORROWER'S TICKET (MORE COMPLETE FORM). BRIGHTON PUBLIC LIBRARY. REFEBENCE LIBRARY. READER'S TICKET. Author. Title of Work. Case. Shelf. No. 1. Readers must not order more than one work on the same Ticket. 2. Every Book must be returned into the Assistant's hands by the Reader, who will be held responsible for it until the Receipt-Ticket has been given him by the Assistant. 3. Readers are requested to report any damage or imperfection which they may discover in the books they receive. 4. Tracing is forbidden. In copying, the paper must not be laid upon the pages of the book. 5. It is expressly forbidden to take out of the Reading-Rooms any book or other article belonging to the Library. 6. Applications for books to read at home must be made at the Window in the Lobby between 10 A.M. and 9 P.M. F. W. MADDEN, M.R.A.S., Librarian. Reader's Signature . Reader's Address Date 18 PART III PRECEDENTS OF FORMS, ETC. 67 IV. FORM OF LABEL FOR BORROWED BOOKS. EASTBOUENE FREE PUBLIC LIBRARY. LENDING DEPARTMENT. Borrowers' Cards are not transferable. JB Books lost or injured while in charge of Borrowers must be replaced, < or the amount chargeable for their loss or injury must be paid by the w Borrowers or their Guarantors. .5 w g . Borrowers detaining Books beyond the time allowed for reading a - will be fined one penny per week or any portion of a week. When * J books are kept more than 4 weeks, printed notices shall be sent to the w j Borrowers, who will be required to defray expenses. "5c m ""* If the figures on the label of any Book be altered or erased while g " > the Book is in charge of a Borrower, his card shall be forthwith ^ 2 2 suspended. .a w The Library is open for the delivery and return of Books from S 5 TEN o'clock in the Forenoon until NINE o'clock in the Evening, & o -2 except on Friday, wlien the Library closes at Two o'clock in the > S afternoon, <* 3 J g o g SPECIAL NOTICE. o 00 > W "o*5 6^ All Books borrowed from the Library must be returned j 5 annually, irrespective of the time allowed for reading, on or before g ,, -2 June 30, when the Library will be closed for such period as the Com- 3 "3 mittee shall appoint. Borrowers neglecting to comply with this regu- g v "_ lation will be fined the sum of threepence for each day in default, g | and be liable to the loss of their privileges. * 8 K O ^ S B o Class No. a W 0^ Time allowed for reading this Work, 14 days, including the day of issue. N.B. Works in Classes F and J will not be renewed ; all others Companies incorporated for carrying on Undertakings of vo1 - vii - a Public Nature, (a) [8th May, 1845. Jg^ 465! And with respect to the borrowing; of money by the Power to n u J v -4. L j c n Borrow Company on mortgage or bond, be it enacted as follows : Money. 38. If the Company be authorised by the special Act to Company borrow money on mortgage or bond, it shall be lawful for * ow them, subject to the restrictions contained in the special Act, such sums to borrow on mortgage or bond such sums of money as shall, authorised from time to time, by an order of a general meeting of the by a Company, be authorised to be borrowed, not exceeding in ^^"L the whole the sum prescribed by the special Act, and for securing the repayment of the money so borrowed, with interest, to mortgage the undertaking, and the future calls on the shareholders, or to give bonds in manner hereinafter mentioned. (a) The sections and schedules here given are incorporated by the Irish Libraries Act oM877. They were incorporated by the repealed Act of 1855 as to England and Wales, but the incorporation of the provisions with respect to the borrowing of money was repealed by the Act of 1887, and none of the provisions are incorporated by the English Act of 1892. Nor are they incorporated by the Scotch Act. 39. If, after having borrowed any part of the money so ifborrowed authorised to be borrowed on mortgage or bond, the Company J^afa b< pay off the same, it shall be lawful for them again to borrow Company the amount so paid off, and so from time to time ; borrow" 11 But such power of re-borrowing shall not be exercised without the authority of a general meeting of the Company, unless the money be so re-borrowed in order to pay off any existing mortgage or bond. 40. Where by the special Act the Company shall be Evidence restricted from borrowing any money on mortgage or bond rity'for until a definite portion of their capital shall be subscribed or borrowing, paid up, or where by this or the special Act the authority of 72 BOOK I LIBRARIES AND MUSEUMS. Certificate of justice. Order of general meeting. .Mortgages and bonds to be by deed Form. Borrowing of money on mort- gages. Mortgages entitled to propor- tions of tolls, etc., without preference. Mortgage not to preclude receipt of calls. Obligees in bonds entitled to proportion of tolls, etc. without preference. Register of mortgages a general meeting is required for such borrowing, the certificate of a justice that such definite portion of the capital has been subscribed or paid up, and a copy of the order of a general meeting of the Company authorising the borrowing of any money, certified by one of the directors or by the secretary to be a true copy, shall be sufficient evidence of the fact of the capital required to be subscribed or paid up having been so subscribed or paid up, and of the order for borrowing money having been made ; And upon production to any justice of the books of the Company, and of such other evidence as he shall think sufficient, such justice shall grant the certificate aforesaid. 41. Every mortgage and bond for securing money borrowed by the Company shall be by deed under the common seal of the Company, duly stamped, and wherein the con- sideration shall be truly stated ; And every such mortgage deed or bond may be according to the form in the Schedule (C) or (D) to this Act annexed, or to the like effect. 42. The respective mortgagees shall be entitled one with another to their respective proportions of the tolls, sums, and premises comprised in such mortgages, and of the future calls payable by the shareholders, if comprised therein, according to the respective sums in such mortgages mentioned to be advanced by such mortgagees respectively, and to be repaid the sums so advanced, with interest, without any preference one above another by reason of priority of the date of any such mortgage, or of the meeting at which the same was authorised. 43. No such mortgage (although it should comprise future calls on the shareholders) shall, unless expressly so provided, preclude the Company from receiving and applying to the purposes of the Company any calls to be made by the Company. 44. The respective obligees in such bonds shall, pro- portionally according to the amount of the moneys secured thereby, be entitled to be paid, out of the tolls or other property or effects of the Company, the respective sums in such bonds mentioned, and thereby intended to be secured, without any preference one above another by reason of priority of date of any such bond, or of the meeting at which the same was authorised, or otherwise howsoever. 45. A register of mortgages and bonds shall be kept by the secretary, and within fourteen days after the date of any PART IV. STATUTES. 8 VICT. c. 16. 73 such mortgage or bond an entry or memorial, specifying the number and date of such mortgage or bond, and the sums secured thereby, and the names of the parties thereto, with their proper additions, shall be made in such register ; And such register may be perused at all reasonable times by any of the shareholders, or by any mortgagee or bond creditor of the Company, or by any person interested in any such mortgage or bond, without fee or reward. 46. Any party entitled to any such mortgage or bond may from time to time transfer his right and interest therein to any other person ; and every such transfer shall be by deed duly stamped, wherein the consideration shall be truly stated ; And every such transfer may be according to the form in the Schedule (E) to this Act annexed, or to the like effect. 47. Within thirty days after the date of every such transfer, if executed within the United Kingdom, or otherwise within thirty days after the arrival thereof in the United Kingdom, it shall be produced to the secretary, and thereupon the secretary shall cause an entry or memorial thereof to be made in the same manner as in the case of the original mortgage ; And after such entry every such transfer shall entitle the transferee to the full benefit of the original mortgage or bond in all respects ; And no party, having made such transfer, shall have power to make void, release, or discharge the mortgage or bond so transferred, or any money thereby secured ; And for such entry the Company may demand a sum not exceeding the prescribed sum, or, where no sum shall be prescribed, the sum of two shillings and sixpence ; And until such entry the Company shall not be in any manner responsible to the transferee in respect of such mortgage. 48. The interest of the money borrowed upon any such mortgage or bond shall be paid at the periods appointed in such mortgage or bond, and if no period be appointed, half- yearly, to the several parties entitled thereto, and in preference to any dividends payable to the shareholders of the Company. 49. The interest on any such mortgage or bond shall not be transferable, except by deed duly stamped. 50. The Company may, if they think proper, fix a period for the repayment of the principal money so borrowed with the interest thereof, and in such case the Company shall cause such period to be inserted in the mortgage deed or bond; Transfers of mort- gages and bonds to be by deed Form. Transfers of mort- gages and bonds to be registered Fee. Money borrowed to be repaid at time fixed. Place of payment. 74 BOOK I. LIBRARIES AND MUSEUMS. And upon the expiration of such period the principal sum, together with the arrears of interest thereon, shall, on demand, be paid to the party entitled to such mortgage or bond ; And if no other place of payment be inserted in such mortgage deed or bond, such principal and interest shall be payable at the principal office or place of business of the Company. 51. If no time be fixed in the mortgage deed or bond for the repayment of the money so borrowed, the party entitled to the mortgage or bond may, at the expiration or at any time after the expiration of twelve months from the date of such mortgage or bond, demand payment of the principal money thereby secured, with all arrears of interest, upon giving six months' previous notice for that purpose ; And in the like case the Company may at any time pay off the money borrowed, on giving the like notice ; And every such notice shall be in writing or print, or both, and if given by a mortgagee or bond creditor shall be delivered to the secretary or left at the principal office of the Company, and if given by the Company shall be given either personally to such mortgagee or bond creditor or left at his residence, or if such mortgagee or bond creditor be unknown to the directors, or cannot be found after diligent inquiry, such notice shall be given by advertisement in the " London" or " Dublin Gazette," according as the principal office of the Company shall be in England or Ireland, and in some news- paper as after mentioned. 52. If the Company shall have given notice of their in- tention to pay off any such mortgage or bond at a time when the same may lawfully be paid off by them, then at the ex- piration of such notice all further interest shall cease to be payable on such mortgage or bond, unless, on demand of payment made pursuant to such notice, or at any time there- after, the Company shall fail to pay the principal and interest due at the expiration of such notice on such mortgage or bond. 53. Where by the special Act the mortgagees of the Company shall be empowered to enforce the payment of the arrears of interest, or the arrears of principal and interest, due on such mortgages, by the appointment of a receiver, then, if within thirty days after the interest accruing upon any such mortgage has become payable, and, after demand thereof in writing, the same be not paid, the mortgagee may, without predjudice to his right to sue for the interest so in PAKT IV STATUTES. 8 VICT. c. 16. 75 arrear in any of the superior courts of law or equity, require the appointment of a receiver, by an application to be made as hereinafter provided ; And if within six months after the principal money owing upon any such mortgage has become payable, and, after demand thereof in writing, the same be not paid, the mort- gagee without prejudice to his right to sue for such principal money, together with all arrears of interest, in any of the superior courts of law or equity, may, if his debt amount to the prescribed sum alone, or if his debt does not amount to the prescribed sum, he may, in conjunction with other mortgagees whose debts, being so in arrear, after demand as aforesaid, shall, together with his, amount to the prescribed sum, require the appointment of a receiver, by an application to be made as hereinafter provided. 54. Every application for a receiver in the cases aforesaid shall be made to two justices, and on any such application it shall be lawful for such justices, by order in writing, after hearing the parties, to appoint some person to receive the whole or a competent part of the tolls or sums liable to the payment of such interest, or such principal and interest, as the case may be, until such interest, or until such principal and interest, as the case may be, together with all costs, in- cluding the charges of receiving the tolls or sums aforesaid, be fully paid ; And upon such appointment being made, all such tolls and sums of money as aforesaid shall be paid to and received by the person so to be appointed ; And the money so to be received shall be so much money received by or to the use of the party to whom such interest, or such principal and interest, as the case may be, shall be then due, and on whose behalf such receiver shall have been appointed ; And after such interest and costs, or such principal, interest, and costs, have been so received, the power of such receiver shall cease. 55. At all seasonable times the books of account of the Company shall be open to the inspection of the respective mortgagees and bond creditors thereof, with liberty to take extracts therefrom without fee or reward. Receiver to be appointed by two justices. Tolls, etc., to be paid to receiver. When power of receiver to cease. Access to books by mort- gagees. And with respect to the Accountability of the Officers of Accounta- the Company, be it enacted as follows : officers 109. Before any person intrusted with the custody or 76 BOOK I LIBRARIES AND MUSEUMS. control of moneys, whether treasurer, collector, or other officer of the Company, shall enter upon his office, the Directors shall take sufficient security from him for the faithful execution of his office. 110. Every officer employed by the Company shall from time to time, when required by the Directors, make out and deliver to them, or to any person appointed by them for that purpose, a true and perfect account in writing under his hand of all moneys received by him on behalf of the Company ; And such account shall state how, and to whom, and for what purpose such moneys shall have been disposed of; And, together with such account, such officer shall deliver the vouchers and receipts for such payments ; And every such officer shall pay to the Directors, or to any person appointed by them to receive the same, all moneys which shall appear to be owing from him upon the balance of such accounts. 111. If any such officer fail to render such account, or to produce and deliver up all the vouchers and receipts relating to the same in his possession or power, or to pay the balance thereof, when thereunto required, or if for 3 days after being thereunto required he fail to deliver up to the Directors, or to any person appointed by them to receive the same, all papers and writings, property, effects, matters, and things, in his possession or power, relating to the execution of this or the Special Act, or any Act incorporated therewith, or belonging to the Company, then, on complaint thereof being made to a Justice, such Justice shall summon such officer to appear before two or more justices at a time and place to be set forth in such summons, to answer such charge ; And upon the appearance of such officer, or in his absence upon proof that such summons was personally served upon him, or left at his last known place of abode, such Justices may hear and determine the matter in a summary way, and may adjust and declare the balance owing by such officer ; And if it appear, either upon confession of such officer, or upon evidence, or upon inspection of the account, that any moneys of the Company are in the hands of such officer, or owing by him to the Company, such Justices may order such officer to pay the same ; And if he fail to pay the amount it shall be lawful for such Justices to grant a warrant to levy the same by distress, or, in default thereof, to commit the offender to gaol, there to PART IV. STATUTES 8 VI CT. c. 16. 77 remain without bail for a period not exceeding 3 months, unless the same be sooner paid. 112. If any such officer refuse to make out such account in Officers writing, or to produce and deliver to the Justices the several deiirer^up vouchers and receipts relating thereto, or to deliver up any documents, books, papers, or writings, property, effects, matters, or i^p r i things, in his possession or power, belonging to the Company, soned. such Justices may lawfully commit such offender to gaol, there to remain until he shall have delivered up all the vouchers and receipts, if any, in his possession or power, relating 1 to such accounts, and have delivered up all books, papers, writings, property, effects, matters, and things, if any, in his possession or power, belonging to the Company. 113. Provided always, that if any Director or other person Wh ere acting on behalf of the Company shall make oath that he about to has good reason to believe, upon grounds to be stated in his abscond, a deposition, and does believe, that it is the intention of any ma y be such officer as aforesaid to abscond, it shall be lawful for the i v su l d in Justice before whom the complaint is made, instead of issuing instance. his summons, to issue his warrant for the bringing such officer before such two Justices as aforesaid ; But no person executing such warrant shall keep such officer in custody longer than 24 hours without bringing him before some Justice ; And it shall be lawful for the Justice before whom such officer may be brought either to discharge such officer, if he think there is no sufficient ground for his detention, or to order such officer to be detained in custody, so as to be brought before two Justices, at a time and place to be named in such order, unless such officer give bail to the satisfaction of such Justice for his appearance before such Justices to answer the complaint of the Company. 114. No such proceeding against or dealing with any such Sureties officer as aforesaid shall deprive the Company of any remedy discharged, which they might otherwise have against such officer, or any surety of such officer. And with respect to the Recovery of Damages not specially Damages, provided for, and Penalties, be it enacted as follows : 142. In all cases where any damages, costs, or expenses P rovision are by this or the Special Act, or any Act incorporated there- damages with, directed to be paid, and the method of ascertaining the 11 9 t other " amount or enforcing the payment thereof is not provided for, ^decffor. 78 BOOK I LIBRARIES AND MUSEUMS. Distress against the treasurer. such amount, in case of dispute, shall be ascertained and determined by two Justices ; And if the amount so ascertained be not paid by the Company or other party liable to pay the same within 7 days after demand, the amount may be recovered by distress of the goods of the Company or other party liable as afore- said; And the Justices by whom the same shall have been ordered to be paid, or either of them, on application, shall issue their or his warrant accordingly. 143. If sufficient goods of the Company cannot be found whereon to levy any such damages, costs, or expenses payable by the Company, the same may, if the amount thereof do not exceed 20Z., be recovered by distress of the goods of the Treasurer of the Company ; And the Justices aforesaid, or either of them, on applica- tion, shall issue their or his warrant accordingly ; But no such distress shall issue against the goods of such Treasurer unless 7 days' previous notice in writing, stating the amount so due, and demanding paying thereof, have been given to such Treasurer or left at his residence ; And if such Treasurer pay any money under such distress as aforesaid, he may retain the amount so paid by him, and all costs and expenses occasioned thereby, out of any money belonging to the Company coming into his custody or control, or he may sue the Company for the same. Method of 144. Where in this or the Special Act, or any Act incor- before mg porated therewith, any question of compensation, expenses, charges, or damages is referred to the determination of any one Justice, or more, it shall be lawful for any Justice, upon the application of either party, to summon the other party to appear before one Justice, or before two Justices, as the case may require, at a time and place to be named in such summons ; And upon the appearance of such parties, or in the absence of any of them, upon proof of due service of the summons, it shall be lawful for such one Justice or such two Justices, as the case may be, to hear and determine such question, and for that purpose to examine such parties or any of them, and their witnesses, on oath ; And the costs of every such inquiry shall be in the dis- cretion of such Justices, and they shall determine the amount thereof. 145. The Company shall publish the short particulars of justices in ques- tions of damages, etc. PART IV STATUTES 8. VICT. c. 16 79 the several offences for which any penalty is imposed by this Publica- or the Special Act, or any Act incorporated therewith, or by il ,diies any By-Law of the Company affecting other persons than the shareholders, officers, or servants of the Company, and of the amount of every such penalty, and shall cause such particulars to be painted on a board, or printed upon paper and pasted thereon, and shall cause such board to be hung up or affixed on some conspicuous part of the principal place of business of the Company, and where any such penalties are of local application shall cause such boards to be affixed in some conspicuous place in the immediate neighbourhood to which such penalties are applicable or have reference ; And such particulars shall be renewed as often as the same or any part thereof is obliterated or destroyed ; And no such penalty shall be recoverable unless it shall have been published and kept published in the manner hereinbefore required. 146. If any person pull down or injure any board put up Penalty for d j J lL_ *f ii. O i A j A L. defacing or affixed as required by this or the Special Act, or any Act boards incorporated therewith, for the purpose of publishing any By- used for Law or penalty, or shall obliterate any of the letters or figures cation^ thereon, he shall forfeit for every such offence a sum not exceeding 5Z., and shall defray the expenses attending the restoration of such board. 147. Every penalty or forfeiture imposed by this or the ^ e j^ ties Special Act, or any Act incorporated therewith, or by any summarily By-Law made in pursuance thereof, the recovery of which is Covered not otherwise provided for, may be recovered by summary justices, proceeding before two Justices; And on complaint being made to any Justice he shall issue a summons, requiring the party complained against to appear before two Justices at a time and place to be named in such summons ; And every such summons shall be served on the party offending, either in person or by leaving the same with some inmate at his usual place of abode ; And upon the appearance of the party complained against, or in his absence, after proof of the due service of such summons, it shall be lawful for two Justices to proceed to the hearing of the complaint, and that although no information in writing or in print shall have been exhibited before them ; And upon proof of the offence, either by the confession of the party complained against or upon the oath of one credible witness or more, it shall be lawful for such Justices to convict 80 BOOK I. LIBRARIES AND MUSEUMS. Penalties may be levied by distress. Imprison- ment in default of distress. Distress how to be levied. the offender, and upon such conviction to adjudge the offender to pay the penalty or forfeiture incurred, as well as such costs attending the conviction as such Justices shall think fit.() (a) This section is repealed in whole or in part by the " Summary Juris- diction Act, 1884," 47 & 48 Viet. 43, Sched. 148. If forthwith upon any such adjudication as aforesaid the amount of the penalty or forfeiture, and of such costs as aforesaid, be not paid, the amount of such penalty and costs shall be levied by distress, and such Justices, or either of them, shall issue their or his warrant of distress accordingly, (a) (a) See note to 147. 149. It shall be lawful for any such Justice to order any offender so convicted as aforesaid to be detained and kept in safe custody until return can be conveniently made to the warrant of distress to be issued for levying such penalty or forfeiture, and costs, unless the offender give sufficient security, by way of recognisance or otherwise, to the satisfaction of the Justice, for his appearance before him on the day appointed for such return, such day not being more than 8 days from the time of taking such security ; But if before issuing such warrant of distress it shall appear to the Justice, by the admission of the offender or otherwise, that no sufficient distress can be had within the jurisdiction of such Justice whereon to levy such penalty or forfeiture, and costs, he may, if he thinks fit, refrain from issuing such warrant of distress ; And in such case, or if such warrant shall have been issued, and upon the return thereof such insufficiency as aforesaid shall be made to appear to the Justice, then such Justice shall, by warrant, cause such offender to be committed to gaol, there to remain without bail for any term not exceeding 3 months, unless such penalty or forfeiture, and costs, be sooner paid and satisfied, (a) (a) See note to 147. 150. Where in this or the Special Act, or any Act incor- porated therewith, any sum of money, whether in the nature of penalty or otherwise, is directed to be levied by distress, such sum of money shall be levied by distress and sale of the goods and chattels of the party liable to pay the same, and the over- plus arising from the sale of such goods and chattels, after satisfying such sum of money, and the expenses of the distress PART IV STATUTES. 8 VICT. c. 16. 81 Distress not un- lawful for want of form. Applica- tion of penalties. and sale, shall be returned, on demand, to the party whose goods shall have been distrained. 151. No distress levied by virtue of this or the Special Act, or any Act incorporated therewith, shall be deemed unlawful, nor shall any party making the same be deemed a trespasser, on account of any defect or want of form in the summons, conviction, warrant of distress, or other proceeding relating thereto, nor shall such party be deemed a trespasser ab initio on account of any irregularity afterwards committed by him, but all persons aggrieved by such defect or irregularity may recover full satisfaction for the special damage in an action upon the case. 152. The Justices by whom any such penalty or forfeiture shall be imposed may, where the application thereof is not otherwise provided for, award not more than one-half thereof to the informer, and shall award the remainder to the Over- seers of the Poor of the parish in which the offence shall have been committed, for the benefit of the poor of such parish ; Or if the place wherein the offence shall have been com- mitted shall be extra-parochial, then such Justices shall direct such remainder to be applied for the benefit of the poor of such extra-parochial place, or of any adjoining parish or district, and shall order the same to be paid over to the proper officer for that purpose. 153. No person shall be liable to the payment of any penalty or forfeiture imposed by virtue of this or the Special Act, or any Act incorporated therewith, for any offence made cognizable before a Justice, unless the complaint respecting such offence shall have been made before such Justice within 6 months next after the commission of such offence.(a) (a) See note to 147. 154. If, through any act, neglect, or default on account Damage to whereof any person shall have incurred any penalty imposed b Q ^ e by this or the Special Act, or any Act incorporated there- addition to with, any damage to the property of the Company shall have P enalt y- been committed by such person, he shall be liable to make good such damage as well as to pay such penalty ; And the amount of such damages shall, in case of dispute, be determined by the Justices by whom the party incurring such penalty shall have been convicted, and on non-payment of such damages, on demand, the same shall be levied by distress, and such Justices, or one of them, shall issue their or his warrant accordingly. Cr Penalties to be sued for within six mouths. 82 BOOK I LIBRARIES AND MUSEUMS. Transient offenders. Penalty on 155. It shall be lawful for any Justice to summon any witnesses p erson to appear before him as a witness in any matter in making ."-r IIIT ...... -ti default. which such Justice shall have jurisdiction, under the pro- visions of this or the Special Act, or any Act incorporated therewith, at a time and place mentioned in such summons, and to administer to him an oath to testify the truth in such matter ; And if any person so summoned shall, without reasonable excuse, refuse or neglect to appear at the time and place appointed for that purpose, having been paid or tendered a reasonable sum for his expenses, or if any person appearing shall refuse to be examined upon oath or to give evidence before such Justice, every such person shall forfeit a sum not exceeding 5 for every such offence. (a) (a) See note to 147. 156. It shall be lawful for any officer or agent of the Company, and all persons called by him to his assistance, to seize and detain any person who shall have committed any offence against the provisions of this or the Special Act, or any Act incorporated therewith, and whose name and resi- dence shall be unknown to such officer or agent, and convey him, with all convenient despatch, before some Justice without any warrant or other authority than this or the Special Act ; And such Justice shall proceed with all convenient des- patch to the hearing and determining of the complaint against such offender. 157. The Justices before whom any person shall be con- victed of any offence against this or the Special Act, or any Act incorporated therewith, may cause the conviction to be drawn up according to the Form in the Schedule (G) to this Act annexed.(a) (a) See note to 147. 158. No proceeding in pursuance of this or the Special Act, or any Act incorporated therewith, shall be quashed or vacated for want of form, nor shall the same be removed by certiorari or otherwise into any of the Superior Courts. 159. If any party shall feel aggrieved by any determination or adjudication of any Justice with respect to any penalty or forfeiture under the provisions of this or the Special Act, or any Act incorporated therewith, such party may appeal to the General Quarter Sessions for the county or place in which the cause of appeal shall have arisen ; Form of conviction. Proceed- ings not to be quashed for want of form. Parties allowed to appeal to Quarter Sessions, on giving security. PART IV. STATUTES. 8 VICT. c. 16. 83 But no such appeal shall be entertained unless it be made within 4 months next after the making of such deter- mination or adjudication, nor unless 10 days' notice in writing of such appeal, stating the nature and grounds thereof, be given to the party against whom the appeal shall be brought, nor unless the appellant forthwith after such notice enter into recognisances, with 2 sufficient sureties, before a Justice conditioned duly to prosecute such appeal, and to abide the order of the Court thereon. (a) (a) See note to 147. 160. At the Quarter Sessions for which such notice shall Co c * > to be given the Court shall proceed to hear and determine the order as appeal in a summary way, or they may, if they think fit, they think j- , , ,r f ii ci reasonable. adjourn it to the following Sessions ; And upon the hearing of such appeal the Court may, if they think fit, mitigate any penalty or forfeiture, or they may confirm or quash the adjudication, and order any money paid by the appellant, or levied by distress upon his goods, to be returned to him, and may also order such further satis- faction to be made to the party injured as they may judge reasonable ; And they may make such order concerning the costs, both of the adjudication and of the appeal, as they may think reasonable. SCHEDULES referred to by the foregoing Act. SCHEDULE (C). Form of Mortgage Deed. " The Company." Mortgage, Number By virtue of [here name the Special Act], we, " The Company," in consideration of the sum of pounds paid to us by A. B., of do assign unto the said A. B., his executors, administrators, and assigns, the said undertaking [and (in case siich loan shall be in anticipation of the Capital authorised to be raised) all future calls on shareholders], and all the tolls and sums of money arising by virtue of the said Act, and all the estate, right, title, and interest of the com- pany in the same, to hold unto the said A. B., his executors, administrators, and assigns, until the said sum of pounds, together with interest for the same at the rate of G 2 84 BOOK I LBIRARIES AND MUSEUMS. for every one hundred pounds by the year, be satisfied [the principal sum to be repaid at the end of years from the date hereof (in case any period be agreed upon for that purpose)], [at or any place of payment other than the principal office of the company"]. Given under our Common Seal, this day of in the year of our Lord SCHEDULE (D). Form of Bond. " The Company." Bond, Number By virtue of [here name the Special Act]* we, "The Company," in consideration of the sum of pounds to us in hand paid by A. B., of do bind ourselves and our successors unto the said A. B., his executors, administrators, and assigns, in the penal sum of pounds. The condition of the above obligation is such, that if the said company shall pay to the said A. B., his executors, ad- ministrators, or assigns, [at (in case any other place of payment than the principal office of the company be intended)^] on the day of which will be in the year One thousand eight hundred and the principal sum of pounds, together with interest for the same at the rate of pounds per centum per annum, payable half-yearly on the day of and day of then the above-written obligation is to become void, otherwise to remain in full force. Given under our Common Seal, this day of One thousand eight hundred and SCHEDULE (E). Form of Transfer of Mortgage or Bond. I A. B. of in consideration of the sum of paid to me by G. H. of do hereby transfer to the said G. H.. his executors, administrators, and assigns, a certain bond [or mortgage] number made by " The Company '" to bearing date the day of for securing the sum of and interest [or if such transfer be //// endorsement, the within security], and all my right, estate, PART IV STATUTES. 8 VICT. c. 16. . 85 and interest in and to the money thereby secured [and if the transfer be of a mortgage, and in and to the tolls, money, and property thereby assigned]. In witness whereof I have here- unto set my hand and seal, this day of One thousand eight hundred and [8 Viet.] Lands Clauses Consolidation. [c. 18] 1845. 8 VICT. 18. An Act for consolidating in one Act certain Provisions usually Revised inserted in Acts authorising the taking of Lands for 2nded. ' Undertakings of a Public Nature. [8th May, 1845. vol. vii. [The above Act is incorporated by the " Public Libraries and Museums (Ireland) Act, 1855" (18 & 19 Viet. 40, 10), the "Technical and Industrial Institutions Act, 1892" (55 & 56 Viet. 29, 4), "Public Libraries Act, 1892 (55 & 56 Vict s 53, 12), except the compulsory powers. It is amended and extended in various ways by the " Lands Clauses Amendments Acts, 1860, 1869, and 1883 " (23 & 24 Viet. 106 ; 32 & 33 Viet. 18 ; 46 Viet. 15.)] [8 Viet.] Lands Clauses Consolidation (Scotland). [c. 19] 1845 8 VICT. 19. An Act for consolidating in one Act certain Provisions usually Revised inserted in Acts authorising the taking of Lands for ^ ^ es Undertakings of a Public Nature in Scotland. vol. vii. [8th May, 1845. p ' 554 ' ****** Purchase of Lands by Agreement . . 6 16 Purchase Money or Compensation coming to parties of limited interests . . . . 67 79 Conveyances of Lands 80 82 [All the above enactments are incorporated by the " Public Libraries Consolidation (Scotland) Act, 1887 " (50 & 51 Viet. 42, 11).] 86 BOOK I. LIBRARIES AND MUSEUMS. 1847. [10 Viet.] Commissioners Clauses. [C. 16]; Revised Statutes, 2nd ed. vol. viii. p. 33. Interpreta- tions in this and the special Act. 10 VICT. 16. An Act for consolidating in one Act certain Provisions usually contained in Acts with respect to the Constitution and Regulation of Bodies of Commissioners appointed for carrying on Undertakings of a Public Nature. (a) [23rd April, 1847. (a) The sections here given are incorporated by the " Public Libraries Consolidation (Scotland) Act, 1887 " (50 & 51 Viet. 42, 16). 3. The following words and expressions, both in this and the special Act, and any Act incorporated therewith, shall have the several meanings hereby assigned to them, unless there be something in the subject or the context repugnant to such construction ; (that is to say) Words importing the singular number only, shall include the plural number, and words importing the plural number only, shall include the singular number : Words importing the masculine gender only, shall include females : The word " person " shall include a Corporation, whether aggregate or sole : The word "lands" shall extend to messuages, lands, tene- ments, and hereditaments or heritages of any tenure : The word " month " shall mean calendar month : The expression " superior courts," where the matter sub- mitted to the cognisance of the Court arises in England or Ireland, shall mean Her Majesty's superior courts of record at Westminster or Dublin, as the case may require, and shall include the Court of Common Pleas of the County Palatine of Lancaster, and the Court of Pleas of the County of Durham ; and where such matter arises in Scotland it shall mean the Court of Session : The word " oath " shall include affirmation in the case of Quakers, and any declaration lawfully substituted for an oath in the case of any other persons allowed by law to make a declaration instead of taking an oath : PART IV. STATUTES 10 VICT. c. 16. 87 The word " County " shall include riding or other division of a County having a separate commission of the peace, and in Scotland Stewartry, and any ward or other division of a County or Stewartry having a separate sheriff, and it shall also include County of a City or County of a Town : The word "justice" shall mean justice of the peace acting for the place where the matter requiring the cognisance of any such justice arises ; and where any matter is authorised or required to be done by two justices, the expression " two justices " shall be understood to mean two or more justices met and acting together : The word "sheriff" shall mean the sheriff depute of the County or ward of a County in Scotland and the steward depute of the Stewartry in Scotland in which any matter submitted to the cognisance of the sheriff arises, and shall include the substitutes of such sheriff depute and steward depute respectively : The expression " quarter sessions " shall mean quarter sessions as defined in the special Act; and if such expression be not there defined, it shall mean the general or quarter sessions of the peace which shall be held at the place nearest to the undertaking for the County or place in which the undertaking, or the principal office thereof, is situate, or for some division of such County having a separate commission of the peace : The expression " the clerk " shall mean the clerk of the Commissioners, and shall include the word " secretary": The expression "the Town" shall mean the Town or District named in the special Act which within the powers of the Commissioners are to be exercised. And with respect to the liabilities of the Commissioners p%" and to legal proceedings by or against the Commissioners, be ings. it enacted as follows : 60. No Commissioner, by being party to or executing in his capacity of Commissioner any contract or other instru- ment on behalf of the Commissioners, or otherwise lawfully executing any of the powers given to the Commissioners, shall be subject to be sued or prosecuted, either individually or collectively, by any person whomsoever ; And the bodies or goods or lands of the several Commis- Commis- sioners not to be personally liable for acts done in the capacity of a commis sioner 88 BOOK I.- LIBRARIES AND MUSEUMS, Commis- sioners to be indem- nified for acts done in the execution of their office. sioners shall not be liable to execution of any legal process by reason of any contract or other instrument so entered into, signed, or executed by them, or by reason of any other lawful act done by them in the execution of any of their powers as Commissioners ; And the Commissioners respectively, their heirs, executors, and administrators, shall be indemnified out of the rates and other moneys coming to the hands of the Commissioners by virtue of this and the special Act for all payments made or liability incurred in respect of any acts done by them, and for all losses, costs, and damages which they may incur in the execution of the powers granted to them. 61. In all actions and suits in respect of any matter or thing relating to the execution of this or the special Act, to be brought by or against the Commissioners, it shall be suffi- cient, where such Commissioners are not a body corporate, to state the names of any two of the Commissioners, or the name of their clerk, as the party, plaintiff or defendant, representing the Commissioners in any such action or suit, and no such action or suit shall abate or be discontinued, or require to be transferred, by reason of the death of any such Commissioner, or by his ceasing to be a Commissioner, or by the death, suspension, or removal of such clerk. 62. Execution upon every judgment or decree against the Commissioners in any such action or suit shall be levied on the goods, chattels, or personal effects belonging to the Com- missioners by virtue of their office, and shall not in any manner extend to charge or make liable the persons, or private lands or goods of any of the Commissioners, or the heirs, executors, or administrators of any of them. 63. Every Commissioner or clerk in whose name any such legal proceedings shall be carried on, either as plaintiff or defendant, on behalf of the Commissioners, shall be reim- bursed, out of the moneys which shall come into the hands of the treasurer of the Commissioners by virtue of his office, all damages, costs, charges, and expenses to which any such Commissioner or clerk may be put, or with which he may become chargeable, by reason of being so made plaintiff or defendant. 64. The Commissioners may prefer a bill of indictment against any person who shall steal or wilfully injure any pro- perty or thing belonging to the Commissioners, or under their management, or institute any other proceeding which may appear to them necessary for the protection of such property, PART IV. STATUTES 10 VICT. c. 16. 89 and in every such case it shall be sufficient to state generally the property or thing in respect of which such proceeding shall have been taken to be the property of the Commis- sioners, as they shall be described in the special Act, without naming the individual Commissioners. And with respect to the mortgages to be executed by the Mort - 'Commissioners, be it enacted as follows : 75. Every mortgage or assignation in security of rates or Form of other property authorised to be made under the provisions of mort g a s e - this or the special Act shall be by deed duly stamped, in which the consideration shall be truly stated ; And every such deed shall be under the common seal of the Commissioners if they be a body corporate, or if they be not a body corporate shall be executed by the Commis- sioners, or any five of them, and may be according to the form in the Schedule (B) to this Act annexed or to the like effect ; And the respective mortgagees or assignees in security shall be entitled one with another to their respective propor- tions of the rates and assessments or other property comprised in such mortgages or assignations respectively, according to the respective sums in such mortgages or assignations men- tioned to be advanced by such mortgagees or assignees respectively, and to be repaid the sums so advanced, with interest, without any preference one above another by reason of the priority of advancing such moneys, or of the dates of any such mortgages or assignations respectively. 76. A register of mortgages or assignations in security Eegister of shall be kept by the clerk to the Commissioners, and where tobe g kept by the special Act the Commissioners are authorised or and to be required to raise separate sums on separate rates or other ^f^ction. property, a separate register shall be kept for each class of mortgages or assignations in security, and within fourteen days after the date of any mortgage or assignation in security an entry or memorial of the number and date thereof, and of the names of the parties thereto, with their proper additions, shall be made in the proper register, and every such register may be perused at all reasonable times by any person inte- rested in any such mortgage or assignation in security without fee or reward. 77. Any person entitled to any such mortgage or assigna- Transfers of tion may transfer his right and interest therein to any other mort s a g eB - 90 BOOK 1 LIBRARIES AND MUSEUMS. Register of transfers to be kept. Interest on mortgages to be paid half- yearly. Power to borrow money at lower rate of interest to pay off securities at a higher rate. Repay- ment of money borrowed at a time and place agreed upon. person, and every such transfer shall be by deed duly stamped, wherein the consideration shall be truly stated, and every such transfer may be according to the form in the Schedule (C) to this Act annexed, or to the like effect. 78. Within thirty days after the date of every such transfer, if executed within the United Kingdom, or otherwise within thirty days after the arrival thereof in the United Kingdom, it shall be produced to the clerk to the Commissioners, and thereupon such clerk shall cause an entry or memorial thereof to be made, in the same manner as in the case of the original mortgage or assignation in security, and for such entry the clerk may demand a sum not exceeding five shillings, and after such entry every such transfer shall entitle the transferee, his executors, administrators, or assigns, to the full benefit of the original mortgage or assignation in security, and the principal and interest thereby secured, and such transferee may in like manner assign or transfer the same again toties quoties, and it shall not be in the power of any person, except the person to whom the same shall have been last transferred, his executors, administrators, or assigns, to make void, release, or discharge the mortgage or assignation so transferred, or any money thereby secured. 79. Unless otherwise provided by any mortgage or assigna- tion in security, the interest of the money borrowed there- upon shall be paid half-yearly to the several parties entitled thereto. 80. If the Commissioners can at any time borrow or take up any sum of money at a lower rate of interest than any securities given by them and then be [sic] in force shall bear, they may borrow such sum at such lower rate as aforesaid, in order to pay off and discharge the securities bearing such higher rate of interest, and may charge the rates and other property which they may be authorised to mortgage or assign in security under this or the special Act, or any part thereof, with payment of such sum and such lower rate of interest, in such manner and subject to such regulations as are herein contained with respect to other moneys borrowed on mortgage or assignation in security. 81. The Commissioners may, if they think proper, fix a period for the repayment of all principal moneys borrowed under the provisions of this or the special Act, with the interest thereof, and in such case the Commissioners shall cause such period to be inserted in the mortgage deed or assignation in security ; PART IV. STATUTES. 10 VICT. c. 1. 91 And upon the expiration of such period the principal sum, together with the arrears of interest thereon, shall, on demand be paid to the party entitled to receive such principal money and interest, and if no other place of payment be inserted in such deed, such principal and interest shall be payable at the office of the Commissioners. 82. If no time be fixed in the mortgage deed or assignation in security for the repayment of the money so borrowed, the party entitled to receive such money may, at the expiration or at any time after the expiration of twelve months from the date of such deed, demand payment of the principal money thereby secured, with all arrears of interest, upon giving six months' previous notice for that purpose, and in the like case the Commissioners may at any time pay off the money borrowed, on giving the like notice ; and every such notice shall be in writing or print, or both, and if given by a mortgagee or creditor shall be delivered to the clerk or left at the office of the Commissioners, and if given by the Commissioners shall be given either personally to such mortgagee or creditor, or left at his residence, or if such mortgagee or creditor be unknown to the Commissioners, or cannot be found after diligent inquiry, such notice shall be given by advertisement in the " London Gazette " if the office of the Commissioners is in England, the " Edinburgh Gazette " if it is in Scotland, or in the " Dublin Gazette " if it is in Ireland. 83. If the Commissioners shall have given notice of their intention to pay off any such mortgage or assignation in security at a time when the same may lawfully be paid off by them, then at the expiration of such notice all further interest shall cease to be payable thereon, unless, on demand of payment made pursuant to such notice, or at any time thereafter, the Commissioners fail to pay the principal and interest due at the expiration of such notice on such mortgage or assignation in security. 85. Whenever the Commissioners shall be enabled to pay off one or more of the mortgages or assignations in security which shall be then payable, and shall not be able to pay off the whole of the same class, they shall decide the order in which they shall be paid off by lot among the class to which such one or more of the mortgages or assignations in security belong, and shall cause a notice, signed by their clerk, to be given to the persons entitled to the money to be paid off, pursuant to such lot, and such notice shall express the Repay- ment of money borrowed when no time or place has been upon. Interest to cease on expiration of notice to pay off a mortgage debt. Mode of paying off mortgages. 92 HOOK I LIBRARIES AND MUSEUMS. principal sum proposed to be paid off, and that the same will be paid, together with the interest due thereon, at a place to be specified, at the expiration of six months from the date of giving such notice. Account 88. The books of account of the Commissioners shall be open S tothe open at all seasonable times to the inspection of the respective inspection mortgagees or assignees in security of the Commissioners, liberty to take extracts therefrom without fee or reward. [18 & 19 Viet.] Public Libraries Ireland. [c. 40] 18 & 19 VICT. 40. An Act for further promoting the establishment of free Public Libraries and Museums in Ireland. [26th June, 1855. All Public Libraries and Museums established in Ireland under either of those Acts shall be considered as having been established under this Act. 2. In citing this Act for any purpose whatever it shall be sufficient to use the expression the " Public Libraries Act (Ireland), 1855." 3. In the construction and for the purposes of this Act (if not inconsistent with the context or subject-matter) the following terms shall have the respective meanings herein- after assigned to them : that is to say, " Town ' ; shall mean and include any City, Borough, Town, or place in which Commissioners, Trustees, or other persons have been or shall be elected or appointed under the Act of the 9th year of King George IV., chapter 82, or the " Towns Improvement Act (Ireland), 1854," or any Local or other Act or Acts for paving, flagging, lighting, watching, cleansing, or otherwise improving any City, Borough, Town, or place for the execution of any such Act or Acts, or superintending the execution thereof, and in which there shall not be a Town Council or other such body elected under the Act of the 3rd and 4th years of her present Majesty, chapter 108, PART IV.- STATUTES. 18 & 19 VICT. c. 40. 93 or any other Charter granted in pursuance of such Act, or any Act passed for the amendment thereof; "Town Commissioners" shall mean the Commissioners, Trustees, or other persons for the time being elected or appointed under any such first-mentioned Acts as afore- said; " Town Fund " shall mean the Town Fund, or the Rates or property vested in and under the control and direction of any Town Commissioners, and applicable to the purposes of any such Acts ; "Town Rate" shall mean the Rate or Rates authorised to be levied by any such Town Commissioners ; " Mayor " shall include Lord Mayor ; " Clerk " shall mean, as regards an incorporated Borough, the Town Clerk of such Borough, and as regards a Town in which there shall be Town Commissioners, the Clerk appointed by the Town Commissioners ; " Householder " shall mean a male occupier of a dwelling- house, or of any lands, tenements, or hereditaments within any town or incorporated Borough, and entitled for the time being to vote at elections of Commissioners, Aldermen, or Councillors in such Town or Borough. (o) (a) See 40 & 41 Viet. 54, 3, for definition of " Ratepayer." 4. [ 4 is repealed by 57 & 58 Viet. 38, 1 (9).] Expenses 5. The expenses incurred in calling and holding the meet- Acttnto inf ing, whether this Act shall be adopted or not (a), and the execution. expenses of carrying this Act into execution in such Borough, shall be paid out of the Borough Fund, and in such Town out of the Town Fund ; And the Council, or Board of Municipal Commissioners, or Town Commissioners, may levy as part of the Borough Rate or Town Rate, as the case may be, or by a separate Rate to be assessed and recovered in like manner as the Borough Rate or Town Rate, all moneys from time to time necessary for defraying such expenses ; And distinct accounts shall be kept of the receipts, pay- ments, and liabilities of the Council with reference to the execution of this Act. (a) As to the adoption of the Act, see 40 & 41 Viet. 54, 1 ; and 57 & 58 Viet. 38, 1. 6. Such accounts shall be audited in the same way as all Accounts other accounts of such Borough or Town respectively are ludiled 94 BOOK I. LIBRARIES AND MUSEUMS. audited, and the said Council or Board or Town Commis- sioners shall, within one month after the same shall have been audited, transmit to the Lord Lieutenant or other Chief Governor or Governors of Ireland for the time being a true and correct copy of such accounts ; And shall also within the time aforesaid cause a copy of such accounts to be deposited in the office of the Clerk ; And the said accounts shall be open to the inspection of all householders of such Borough or Town respectively, and copies thereof shall be delivered to any such householder applying for the same, upon payment of a reasonable charge for the same, to be fixed by the Council or Board or Town Com- missioners, as the case may be. 7. The Town Commissioners of every Town adopting this Act shall for the purposes thereof be a Body Corporate, with perpetual succession, by the name of " The Commissioners for Public Libraries and Museums for the Town of in the County of ," and by that name may sue and be sued, and hold and dispose of lands, and use a Common Seal. 8. The amount of the Rate to be levied in any Borough or Town in any one year for the purposes of this Act shall not exceed the sum of Id. in the , and in any such Borough shall be assessed, raised, collected, and levied in the same manner as the Borough Rate, and in any such Town shall be assessed, raised, collected, and levied in the same manner as the Town Rate. (a) (a) As to the fixing of a lower rate, see 40 & 41 Viet. 54, 2. Lands, etc., 9. The Council or Board of any Borough, and the Town may be ap- Commissioners of any Town respectively, may from time to purchased,' time, with the approval of Her Majesty's Treasury, appro- priate for the purposes of this Act any lands vested, as the case may be, in a Borough in the Mayor, Aldermen, and Burgesses, and in a Town in the Town Commissioners, and may also, with such approval, purchase or rent any lands or any suitable buildings, and the Council or Board and Town Commissioners respectively may, upon any lands so appro- priated, purchased, or rented respectively, erect any buildings suitable for Public Libraries or Museums or Schools of Science and Art, or both, and may apply, take down, alter, and extend any buildings for such purposes, and rebuild, repair, and improve the same respectively, and fit up, furnish, and PART TV STATUTES. 18 & 19 VICT. c. 40. 95 8 Viet. 18, incorpo- rated. Lands, etc., may be sold or ex- changed. supply the same respectively with all requisite furniture, fittings, and conveniences.(a) (a) This section is thus explained by the " Public Libraries Act, 1884 " : " Buildings may, under the said section, be erected for Public Libraries, Public Museums, Schools for Science, Art Galleries, and Schools for Art, or for any one or more of these objects." (47 & 48 Viet. 37, 2). Sedqucere : Does it extend to Schools of Music (see 40 & 41 Viet. 15, 3) ? 10. The " Lands Clauses Consolidation Act, 1845," shall be incorporated with this Act ; But the Council or Board, and Commissioners respectively shall not purchase or take any lands otherwise than by agreement. 11. The Council or Board and Commissioners aforesaid respectively may, with the like approval as is required for the purchase of lands, sell any lands vested in the Mayor, Aldermen, and Burgesses, or Board, or Town Commissioners respectively, for the purposes of this Act, or exchange the same for any lands better adapted for the purposes; And the moneys to arise from such sale, or to be received for equality of exchange, or a sufficient part thereof, shall be applied in or towards the purchase of other lands better adapted for such purposes. 12. The general management, regulation, and control of such Libraries and Museums or Schools of Science and Art shall be, as to any Borough, vested in and exercised by the Council or Board, and as to any Town, in and by the Town Commissioners, or such Committee (a) as they respectively may from time to time appoint, who may from time to time purchase and provide the necessary fuel, lighting, and other similar matters, books, newspapers, maps, and specimens of art and science, for the use of the Library or Museum, and cause the same to be bound or repaired, when necessary, and appoint salaried officers and servants, and dismiss the same, and make Rules and Regulations for the safety and use of the Libraries and Museums or Schools of Science and Art, and for the admission of visitors, (ft) (a) The Committee may consist in part of persons not members of the Board, etc. (40 & 41 Viet. 18, 4). (b) The Act 40 & 41 Viet. 15, 3, authorises the appropriation of part of the Bate to Schools of Music. 13. The lands and buildings so to be appropriated, pur- Property chased, or rented as aforesaid, and all other real and personal comaiL* property whatever presented to or purchased for any Library Board and General manage- ment to be vested in Council or Board, or Town Com- missioners. 96 BOOK I. LIBRARIES AND MUSEUMS. Commis- sioners re- spectively. If a Meeting negatives adoption, no other Meeting for a year. Admission to be free. Act to be incorpo- rated with Local Acts in force in Borough or Town. or Museum or School of Science and Art established under this Act shall be vested, in the case of a Borough, in the Mayor, Aldermen, and Burgesses, and in the case of a Town, in the Town Commissioners. (a) (a) As to Schools of Music see 40 & 41 Viet. 15, 3. 14. If any meeting called as hereinbefore provided to consider as to the adoption of this Act for any Borough or Town shall determine against such adoption, no meeting for a similar purpose shall be held for the space of one year at least from the time of holding the previous meeting. 15. The admission to all Libraries and Museums established under this Act shall be opened to the public free of all charge. 16. Upon the coming into operation of this Act in any Borough it shall, as regards such Borough, be incorporated with the said Act of the 3rd and 4th Victoria, chapter 108, and upon the coming into operation of this Act in any Town it shall, as regards such Town, be incorporated with the Act or Acts in force therein relating to the powers and duties of the Town Commissioners. i860. [23 & 24 Viet.] Lands Clauses Amendment. [c. 106] Revised Statutes, 2nd ed vol. x. p. 369. 23 & 24 VICT. 106. .471 Act to amend the " Lands Clauses Consolidation Act, 1845,' r in regard to sales and compensation for land by way of a Rent-charge, annual Feu-duty, or Ground-annual, and to enable Her Majesty s Principal Secretary of State for the War Department to avail himself of the powers and pro- visions contained in the same Acts, (a) [20th August, 1860. (a) See 8, and the Memorandum appended to the " Lands Clauses Con- solidation Act, 1845," (ante). PART IV. STATUTES 24 & 25 V1CT. c. 97. 97 [24 & 25 VICT.] Malicious Damage. [c. 97] 1861. 24 & 25 VICT. 97. An Act to consolidate and amend the Statute Law of England statutes and Ireland relating to Malicious Injuries to Property. 2nd ed. [6th August, 1861. ;&, 714. 39. Whoever shall unlawfully and maliciously destroy or Destroy - damage any book, manuscript, picture, print, statue, bust <^ or - n or vase, or any other article or thing kept for the purpose of works of Art, Science, or Literature, or as an object of curiosity, in art m ** J * museums any Museum, Gallery, Cabinet, Library, or other repository libraries,' which is either at all times or from time to time open for the \ other admission of the public, or of any considerable number of persons, to view the same, either by the permission of the proprietor thereof or by the payment of money before entering the same, or any picture, statue, monument, or other memorial of the dead, painted glass, or other ornament or work of art, in any Church, Chapel, Meeting House, or other place of divine worship, or in any building belonging to the Queen, or to any County, Riding, Division, City, Borough, Poor-Law Union, Parish, or place, or to any University, or College, or hall of any University, or to any Inn of Court, or to any Street, Square, Churchyard, Burial Ground, Public Garden or Ground, or any statue or monument exposed to public view, or any ornament, railing, or fence surrounding such statue or monument, shall be guilty of a misdemeanour, and being convicted thereof, shall be liable to be imprisoned for any term not exceeding six months, with or without hard labour, and, if a male under the age of sixteen years, with or without whipping ; provided that nothing herein contained shall be deemed to affect the right of any person to recover, by action at law, damages for the injury so committed. (a) (a) A copy of this Section should be placed in conspicuous positions in the various rooms, and the offer of a reward may assist in detecting offenders. In connection with the Battersea Public Libraries proceedings were taken in the County Court against the guarantor for damage to a book which the borrower failed to make good ; he was ordered to pay the amount claimed and costs, after examination of the form of guarantee. The Chelsea Public Libraries Authority have also been successful in obtaining the conviction of H 98 BOOK L LIBRARIES AND MUSEUMS. a reader for tearing a leaf from a magazine ; he was fined 2 and costs, together with the value of the magazine. Similar proceedings have been taken in Manchester, Wolverhampton, Chester, Liverpool, and other places. 52. Whosoever shall wilfully or maliciously commit any damage, injury, or spoil to or upon any real or personal property whatsoever, either of a public or private nature, for which no punishment is hereinbefore provided, shall on conviction thereof before a justice of the peace, at the dis- cretion of the justice, either be committed to the common gaol or house of correction, there to be imprisoned only, or to be imprisoned and kept to hard labour, for any term not exceeding two months, or else shall forfeit and pay such sum of money, not exceeding five pounds, as to the justice shall seem meet, and also such further sum of money as shall appear to the justice to be a reasonable compensation for the damage, injury, or spoil so committed, not exceeding the sum of five pounds ; which last-mentioned sum of money shall, in the case of private property, be paid to the party aggrieved, and in the case of property of a public nature, or wherein any public right is concerned, the money shall be applied in the same manner as every penalty imposed by a justice of the peace under this Act ; and if such sums of money, together with costs (if ordered), shall not be paid either immediately after the conviction, or within such period as the justice shall at the time of the conviction appoint, the justice may commit the offender to the common gaol or house of correction, there to be imprisoned only, or to be imprisoned and kept to hard labour, as the justice shall think fit, for any term not exceeding two months, unless such sums and costs be sooner paid. Provided, that nothing herein contained shall extend to any case where the party acted under a fair and reasonable supposition that he had a right to do the act complained of, nor to any trespass, not being wilful and malicious, committed in hunting, fishing, or in the pursuit of game, but that every such trespass shall be punishable in the same manner as if this Act had not passed, (a) (a) The distinction between 39 and 52 is that the former section can only be made use of by way of Indictment, whilst the latter section is available for summary proceedings before Magistrates ; and the greater simplicity of the latter procedure is considered by many Library Authorities to outweigh the value of the more comprehensive language of 39. PART IV STATUTES 32 & 33 VICT. c. 18. 99 32 & 33 Viet.] Lands Clauses Amendment. [c. 18] 1869. 32 & 33 YICT. 18. An Act to amend the " Lands Clauses Consolidation Act." (a) Revised [24th June, 1869. f^ es (a) See 4, and the Memorandum appended to the " Lands Clauses Con- p ^' solidation Act, 1845," ante. [38 & 39 Viet.] Public Health. [c. 55] 1875. 38 & 39 VICT. 55. An Act for consolidating and amending the Acts relating to Revised Public Health in England, (a) [llth August, 1875. statute (a) The Sections here given are, as regards England and Wales, incor- vo1 - xiii - porated by the " Public Libraries Act, 1892 " (55 & 56 Viet. 53, 19). PP; 790 > ooo. BORROWING POWERS. 233. Any Local Authority may with the sanction of the Power to Local Government Board, for the purpose of defraying any credlTof " costs, charges, and expenses incurred or to be incurred by Rates. them in the execution of the " Sanitary Acts," or of this Act, or for the purpose of discharging any loans contracted under the " Sanitary Acts,'' or this Act, borrow or re-borrow, and take up at interest any sums of money necessary for defray- ing any such costs, charges and expenses, or for discharging any such loans as aforesaid. An Urban Authority may borrow or re-borrow any such sums on the credit of any fund or all or any Rates or Rate out of which they are authorised to defray expenses incurred by them in the execution of this Act, and for the purpose of securing the repayment of any sums so borrowed, with interest thereon, they may mortgage to the persons by or on behalf of whom such sums are advanced any such fund or Rates or Rate. H 2 100 BOOK I LIBRARIES AND MUSEUMS. Regula- 234. The exercise of the powers of borrowing conferred by exercise of ^is Act shall be subject to the following regulations; viz., borrowing (1.) Money shall not be borrowed except for permanent powers works (including under this expression any works of" which the cost ought in the opinion of the Local Government Board to be spread over a term of years) : (2.) The sum borrowed shall not at any time exceed, with the balances of all the outstanding loans contracted by the Local Authority under the " Sanitary Acts " and this Act, in the whole the assessable value for 2 years of the premises assessable within the District in respect of which such money may be borrowed : (3.) Where the sum proposed to be borrowed with such balances (if any) would exceed the assessable value for one year of such premises, the Local Government Board shall not give their sanction to such loan until one of their Inspectors has held a Local Inquiry and reported to the said Board: (4.) The money may be borrowed for such time, not exceeding 60 years, as the Local Authority, with the sanction of the Local Government Board, determine in each case ; And, subject as aforesaid, the Local Authority shall either pay off the money so borrowed by equal annual instalments of principal or of principal and interest, or they shall in every year set apart as a sinking fund, and accumulate in the way of compound interest by invest- ing the same in the purchase of Exchequer bills or other Government securities, such sum as will with accumu- lations in the way of compound interest be sufficient, after payment of all expenses, to pay off the moneys so borrowed within the period sanctioned : (5.) A Local Authority may at any time apply the whole or any part of a sinking fund set apart under this Act in or towards the discharge of the moneys for the repayment of which the fund has been established ; Provided that they pay into the fund in each year, and accumulate until the whole of the moneys borrowed are discharged, a sum equivalent to the interest which would have been produced by the sinking fund or the part of the sinking fund so applied : (G.) Where money is borrowed for the purpose of discharg- ing a previous loan, the time for repayment of the money so borrowed shall not extend beyond the unex- PAKT IV STATUTES 38 & 39 VICT. c. 56. 101 pired portion of the period for which the original loan was sanctioned, unless with the sanction of the Local Government Board, and shall in no case be extended beyond the period of 60 years from the date of the original loan. Where any Urban Authority borrow any money for the purpose of defraying private improvement expenses, or expenses in respect of which they have determined a part only of the District to be liable, it shall be the duty of such Authority, as between the Ratepayers of the District, to make good, so far as they can, the money so borrowed, as occasion requires, either out of Private Improvement Rates, or out of a Rate levied in such part of the District as aforesaid. 236. Every Mortgage authorised to be made under this Form of Act shall be by deed, truly stating the date, consideration, and the time and place of payment, and shall be sealed with the common seal of the Local Authority, and may be made according to the form contained in Schedule IV. to this Act, or to the like effect. 237. There shall be kept at the Office of the Local Register of Authority a Register of the Mortgages on each Rate, and within 14 days after the date of any Mortgage an entry shall be made in the Register of the number and date thereof, and of the names and description of the parties thereto, as stated in the deed. Every such Register shall be open to public inspection during office hours at the said Office, without fee or reward ; And any Clerk or other person having the custody of the same, refusing to allow such inspection, shall be liable to a penalty not exceeding J 5. 238. Any mortgagee or other person entitled to any Mort- Transfer of gage under this Act may transfer his estate and interest therein to any other person by deed dnly stamped, truly stating its date and the consideration for the transfer ; And such transfers may be according to the form contained in Schedule IV. to this Act, or to the like effect. There shall be kept at the Office of the Local Authority a Register of the transfers of Mortgage charged on each Rate, and within 30 days after the date of such deed of transfer, if executed within the United Kingdom, or within 30 days after its arrival in the United Kingdom, if executed else- where, the same shall be produced to the Clerk of the Local 102 BOOK I. LIBRARIES AND MUSEUMS. Authority, who shall, on payment of a sum not exceeding 5s.,. cause an entry to be made in such Register of its date, and of the names and description of the parties thereto, as stated in the transfer ; And until such entry is made the Local Authority shall not be in any manner responsible to the transferee. On the registration of any transfer the transferee, his executors, or administrators shall be entitled to the full benefit of the original mortgage, and the principal and interest secured thereby ; And any transferee may in like manner transfer his estate and interest in any such Mortgage ; And' no person except the last transferee, his executors, or administrators shall be entitled to release or discharge any such mortgage or any money secured thereby. If the Clerk of the Local Authority wilfully neglects or refuses to make in the Register any entry by this section required to be made, he shall be liable to a penalty not exceeding 20. 239. If at the expiration of six months from the time when any principal money or interest has become due on any Mortgage of Rates made under this Act, and after demand in writing, the same is not paid, the mortgagee or other person entitled thereto may, without prejudice to any other mode of recovery, apply for the appointment of a Receiver to a Court of Summary Jurisdiction ; And such Court may, after hearing the parties, appoint in writing under their hands and seals some person to collect and receive the whole or a competent part of the Rates liable to the payment of the principal or interest in respect of which the application is made, until such principal or interest, or both, as the case may be, together with the costs of the application and of collection, are fully paid. On such appointment being made, all such Rates, or such competent part thereof as aforesaid, shall be paid to the person appointed, and when so paid shall be so much money received by or to the use of the mortgagee or mortgagees of such Rates, and shall be rateably apportioned between them : Provided that no such application shall be entertained unless the sum or sums due and owing to the applicant amount to 1,000, or unless a joint application is made by two or more mortgagees or other persons to whom there may be due, after such lapse of time and demand as last aforesaid, moneys collectively amounting to that sum. PART IV. STATUTES 40 & 41 VICT. c. 15. 1 03 [40 & 41 Viet.] Public Libraries Act (Ireland) [c. 15] 1877. Amendment. 40 & 41 VICT. 15. An Act to amend the Public Libraries Act (Ireland), 1855. [28th June, 1877. WHEREAS, etc. : 1. In citing this Act for any purpose whatever it shall be sufficient to use the expression "The Public Libraries (Ireland) Amendment Act, 1877." 2. The term "principal Act" shall mean the Public Libraries Act (Ireland), 1855. 3. The terms " science and art and " schools of science and art" used in the said principal Act shall be deemed to include the science and arb of music and schools of music respectively ; and the council or board of any borough or the town commissioners of any town shall be at liberty to apply such portion as they may deem fit of the rate which they are or may be authorised to levy, under the provisions of the principal Act, towards the maintenance and support of, and payment of the salaries of teachers of a school or schools of music, and the purchase of musical instruments, books, and other requisites for the use of such school or schools. 4. The committee in which the general management, regulation, and control of such libraries, museums, or schools may be vested under the provisions of the 1 2th section of the principal Act, may consist in part of persons not members of the council or board, or commissioners. 5. For carrying the principal Act and this Act into execution the council, board, or commissioners respectively may, with the approval of the Commissioners of Her Majesty's Treasury, from time to time borrow, at interest, on the security of a mortgage or bond of the borough fund or the town fund, or of the rates levied in pursuance of the principal Act, such sums of money as may be by them respectively required, and the Commissioners of Public Works in Ireland may from time to time advance and lend any such sums of money. The clauses and provisions of the " Companies Clauses Consolidation Act, 1845," with respect to the borrow- ing of money on mortgage or bond, and the accountability of officers, and the recovery of damages and penalties, so far Law Reports Statutes, vol. xii. p. 124 Short title. Interpreta- tion. Powers of principal Act ex- tended to schoolslof Constitu- tion of the committee of man- agement. Powers to borrow on mortgage. 104 BOOK I. LIBRARIES AND MUSEUMS. as such provisions may respectively be applicable to the purposes of the principal Act and of this Act, shall be respectively incorporated therewith. 6. The said principal Act and this Act shall be read and construed together as one Act. [40 & 41 Viet.] Public Libraries Ads Amendment. [c. 54] 40 & 41 VICT. 54. An Act to amend the Public Libraries Acts, (a) [14th August, 1877. (a) This Act is repealed so far as concerns England and Wales by 53 & 54 Viet. 68, which was itself repealed by 55 & 56 Viet. 53, the provisions of which Act are now operative in that part of the United Kingdom. Though not specifically repealed so far as regards Scotland, the provisions of the Scotch Act, 50 & 51 Viet. 42, must be taken to be substituted for those in this Act. WHEREAS by the Public Libraries Acts, 18 & 19 Viet. 40, for Ireland ; 29 & 30 Viet. 114, for England ; and 30 & 31 Viet. 37, for Scotland, the mode by which the Act is to be adopted is prescribed to be by public meeting, and it has been found that in many cases a public meeting is a most incorrect and unsatisfactory mode, and fails to indicate the general opinion of the ratepayers, and it is desirable to ascertain these opinions more correctly : Be it enacted, etc. : 1. It shall be competent for the prescribed local authority in any place or community which has the power to adopt one of the above recited Acts, to ascertain the opinions of the majority of the ratepayers either by the prescribed public meeting or by the issue of a voting-paper to each ratepayer, and the subsequent collection and scrutiny thereof, and any expense in connection with such voting-papers shall be borne in the same way as the expense of a public meeting would be borne, and the decision of the majority so ascertained shall be equally binding. 2. In addition to the simple vote "Yes" or "No" to the adoption of the Act, such voting-paper may stipulate that its adoption shall be subject to a limitation to some lower PART IV STATUTES. 47 & 48 VICT. c. 37. 105 rate of assessment than the maximum allowed by Act of asse ss- Parliament in force at the time, and such lower limit, if once adopted, shall not be subsequently altered except by public vote similarly taken. 3. "Ratepayer" shall mean every inhabitant who would Definition, have to pay the Free Library assessment in event of the Act being adopted. 4. This Act may be cited as the Public Libraries Amend- Short title - ment Act, 1877. 47 & 48 Viet.] Public Libraries Act, 1884. [c. 37] 1884. . 47 & 48 VICT. 37. Law An Act to amend the Public Libraries Acts. ^f p ? r ! s rro.Li T i -i oo A Statutes, [28th July, 1884. V oi. xx. BE it enacted, etc. : P- 64 - 1. Whereas doubts have arisen as to whether authorities Power of acting under the Public Libraries Acts have power to fulfil board* etc., the conditions required for a parliamentary grant in aid of * accept the establishment of a school of science and art, and it is expedient to remove such doubts: It is therefore hereby declared and enacted that Where any authority acting under the Public Libraries Acts accepts a grant out of moneys provided by Parliament from any Committee of the Privy Council on Education towards the purchase of the site, or the erection, enlargement, or repair, of any school for science and art, or school for science, or school for art, or of the residence of any teacher in such school, or towards the furnishing of any such school, such authority shall have power to accept such grant upon the conditions prescribed for the acceptance thereof by the said Committee, and to execute such instruments as may be required by the said Committee for carrying into effect such conditions, and upon payment of the grant shall, together with their successors, be bound by such conditions and instru- ment, and have power and be bound to fulfil and observe the same. 2. Whereas 18 of the "Public Libraries Act, 1855," as regards England, (a) and 9 of the " Public Libraries Act (Ireland), 1855," as regards Ireland, provide for the erection Viet. 70, 18; 106 BOOK I LIBRARIES AND MUSEUMS. Power to establish library, museum, or school for science or art in connection with any of the others of them. Defini- tions. Short titles. of buildings " suitable for public libraries, or museums, or both, or for schools for science or art " : And whereas 10 of the ''Public Libraries Act (Scotland), 1867," (a) provides for the erection of buildings " suitable for public libraries, art galleries, or museums, or each respectively," and doubts are entertained as to the meaning of those pro- visions : Now, therefore, it is hereby declared and enacted that Buildings may under the said sections be erected for public libraries, public museums, schools for science, art galleries, and schools for art, or for any one or more of those objects. (a) Kepealed, and other provisions substituted. 3. (1.) Where any of the following institutions, namely, a public museum, a public library, a school for science and art, a school for science, a school for art, or an art gallery has been established either before or after the passing of this Act under the Public Libraries Acts, or any of them, there may at any time be established in connection therewith any other of the said institutions without any further proceedings being taken under the said Acts. (2.) Section 10 of the " Public Libraries Amendment Act (England and Scotland), 1866," and section 17 of the " Public Libraries Act (Scotland), 1867," are hereby repealed, without prejudice to anything done under those sections, (a) (a) Both these Acts have since been wholly repealed. 4. In this Act, The expression " Public Libraries Acts" means as respects England, Scotland, and Ireland respectively, the Acts mentioned in the first, second, and third parts re- spectively of the schedule to this Act. The expression " authority acting under the Public Libraries Acts " means the council, board, magistrates, or commissioners, acting in execution of the said " Public Libraries Act." 5. This Act may be cited as the " Public Libraries Act, 1884." The Acts mentioned in the third part of the schedule to this Act may be cited together with this Act as the Public Libraries (Ireland) Acts, 1855 to 1884. PART IV STATUTES 50 & 51 VICT. c. 42. 107 SCHEDULE, (a) PART III. Public Libraries (Ireland} Acts. Session and Chapter Title 18 & 19 Viet. 40 . 40 & 41 Viet. 15 . 40 & 41 Viet. 54 . The Public Libraries Act (Ireland), 1855. The Public Libraries (Ireland) Amendment Act, 1877. The Public Libraries Amendment Act, 1877. (a) Eepealed as to Scotland by 50 & 51 Viet. 42, and as to England and Wales by 55 & 56 Viet. 53. [50 & 51 Viet.] Public Libraries Consolidation [c. 42] (Scotland). 50 & 51 VICT. 42. An Act to amend and consolidate the Public Libraries (Scot- Law land) Acts. [16th September, 1887. gSSSt, vol. xxiv. WHEREAS, etc. : P. lee. 1. This Act may be cited as the " Public Libraries Gonso- Short title, lidation (Scotland) Act, 1887," and shall apply to Scotland only. 2. The following words and expressions in this Act shall Defini- have the meanings hereby assigned to them, unless there be * something in the subject or context repugnant to such con- struction ; that is to say, " Burgh " shall include Royal Burgh, Parliamentary Burgh, Burgh incorporated by Act of Parliament, Burgh of Regality, Burgh of Barony, and any populous place or Police Burgh administered wholly or partly under any general or local Police Act, and the boundaries of such Burgh shall, for the purpose of this Act, be the boundaries to which such general or local Police Act extends : " Parish " shall mean a Parish for which a separate Poor Rate is or can be imposed, or for which a separate parochial board is or can be appointed, and shall be 108 BOOK I LIBRARIES AND MUSEUMS. exclusive of the area of any Burgh or part of a Burgh situated therein : " Householders " shall mean, in the case of a Burgh, all persons whose names are entered on the Municipal Register, and in the case of a Pai'ish, all persons entitled to vote in the election of a School Board in such Parish, under the provisions of the " Education (Scotland) Act, 1872," and any Act amending the same : " Magistrates and Council " shall be applied collectively, and not separately, and shall include Provost, Magis- trates, and Town Council, Magistrates and Commissioners of Police, and any other body of persons for the time being in office, by authority of whom the Burgh General Assessment is levied; and where in any Burgh the Magistrates and Council form a Corporate Body, and there is also in the same Burgh a Board of Com- missioners of Police by whom the Burgh General Assess- ment is levied, the words " Magistrates and Council " shall, as regards the levying and recovering of the Library Rate, apply to such Commissioners of Police, but in every other respect it shall apply to such Corporate Body of Magistrates and Council : " Chief Magistrate " shall include Provost, and shall apply to any Magistrate legally acting as Chief Magistrate for the time being : " Board " shall mean the Parochial Board acting under the Act 8 & 9 Viet. 83, and any Act amending the same : " Committee " shall mean the Committee appointed under any Public Libraries Act affecting Scotland for the time being, or this Act : " Municipal Register " shall mean the Register, List, or Roll of persons entitled to vote in an election of Town Councillors or Commissioners of Police, in a Burgh, made up according to the law in force for the time being : " Burgh General Assessment " shall mean an Assessment which, under any general or local Police Act, shall be applicable to the general purposes of such Act : " Library Rate " shall mean the Rate or Assessment authorised by this Act for the purpose of carrying the Act into execution : " Libraries and Museums " and "Libraries or Museums" shall include Schools for Science, Art Galleries, and Schools for Art, and these expressions, or either of PART IV STATUTES 50 & 51 VICT. c. 42. 109 them, when used in the singular, shall include a School for Science, an Art Gallery, and a School for Art : Words importing the masculine gender shall, when applied to householders, include female householders. 3. " The Public Libraries (Scotland) Acts, 1867 to 1884," Repeal, so far as the same relate to Scotland, are hereby repealed ; ^. *|* but such repeal shall not invalidate or affect anything already 34 & 35' done in pursuance of these Acts, or any of them, and all Vic *- 5 ^ ; Burghs and Parishes in Scotland which before the passing of vict.54; this Act have adopted the recited Acts shall thereafter be i? & . . F . ,, , , . A . Viet. 37. subject to the provisions of this Act : Provided always, that nothing in this Act contained shall 50 . & 51 prejudice or affect the provisions of the " Edinburgh Public Library Assessment Act, 1887." 4 (a). Upon the requisition in writing of the Magistrates and Adoption Council of any Burgh, or often or more householders in any Burgh or Parish, the Chief Magistrate of such Burgh, or, in the case of a Parish, the Sheriff of the County in which such Parish or the greater part of the area thereof is situated, shall ascertain the opinions of the householders in such Burgh or Parish as to the adoption of this Act in the manner set forth in Schedules (A) or (B) hereto annexed, which schedules shall be construed and have effect as part of this Act. Provided that where in any Burgh the number of house- holders exceeds 3,000, the Chief Magistrate shall adopt the procedure, by way of voting-paper, set forth in Schedule (A), but in any other case it shall be optional to the Chief Magistrate or to the Sheriff, as the case may be, to adopt such procedure by way of voting-paper, or the procedure by way of Public Meeting, set forth in Schedule (B). (a) Repealed so far as relates to burghs by 57 & 58 Viet. 20, 2. 5 (a). In the event of the householders determining by a If not majority of votes that this Act shall be adopted in any Burgh S a e r d>no or Parish, the same shall from thenceforth come into operation procedure therein; for 2 years. But if by a majority of votes they shall determine against the adoption, the like procedure shall not take place for the space of at least 2 years from the date of such determination, (a) Repealed so far as relates to burghs by 57 & 58 Viet. 20, 2. 6 (a). The expenses of the procedure for determining as to Expenses the adoption of this Act shall, if the Act be not adopted, be of . d . eter - paid, in the case of a Burgh, out of the Burgh General Assess- to adop- ment, and in the case of a Parish, out of the assessment for tion< 110 BOOK I LIBRAHIES AND MUSEUMS. the relief of the poor in such Parish, or where there is no such assessment, by a Rate which the Board are hereby em- powered to levy and recover for this purpose, in the same manner and subject to the same conditions as are applicable to the Library Rate ; But if the Act shall have been adopted the expenses of the procedure under which it has been adopted shall be payable out of the Library Rate, and it shall be in the power of the Chief Magistrate or of the Sheriff, as the case may be, immediately upon the adoption of the Act to borrow such sum or sums as may be necessary to defray such expenses on the security of the Library Rate to be afterwards levied (a). (a) Eepealed so far as relates to burghs by 57 & 58 Viet. 20, 2. 7. The expenses of carrying this Act into execution, when a dpted, including all sums payable in respect of interest and sinking fund for money authorised to be borrowed, and all sums necessary for the maintenance and management of the Libraries and Museums established under this Act, or to which this Act applies, or for the purchase of the articles and things authorised by this Act to be purchased, shall be paid out of the Library Rate, which shall be levied and recovered, in the case of a Burgh (), by the Magistrates and Council, from the same description of persons and property, and with and under the like powers, provisions, and exceptions as the Burgh General Assessment, and in the case of a Parish by the Board, from the same description of persons and property, and with and under the like powers, provisions, and excep- tions as the assessment leviable under the Act 8 & 9 Viet. 83. (a) As to Edinburgh, see 50 & 51 Viet. c. Ixxxv. 8. The amount of the Library Rate to be levied in any year shall in no case exceed the sum of Id. in the of yearly rent or annual value as appearing on the valuation roll. And where, under the provisions of any general or local Police Act, the Burgh General Assessment is or may be levied at a higher rate upon lands or premises above a certain fixed rent than upon lower rented lands or premises, such provisions, so far as they authorise such differential rate, shall not be applicable to or affect the Library Rate. 9. The Magistrates and Council of a Burgh, or the Board of a Parish, as the case may be, shall provide and keep books in which shall be entered true and regular accounts of their receipts, payments, and liabilities with reference to the PART IV STATUTES 50 & 51 VICT. c. 42. Ill execution of this Act, which books shall, at all reasonable and pub- times, be open, without fee or reward, to the inspection of ^nnmiii every person liable to be assessed for the Library Rate ; And the Magistrates and Council or Board, as the case may be, shall cause such accounts to be annually audited by one or more competent Auditors, not being members of the Committee, after which audit the accounts shall be signed by two of the Magistrates and Council, or two members of the Board, as the case may be, and an abstract thereof similarly signed shall be printed and shall be inserted in one or more newspapers published or circulated in the Burgh or Parish. 10. The Magistrates and Council or Board, as the case Lands, etc., may be, may from time to time appropriate, for the purposes p^opriated* of this Act, any lands or buildings vested in them, and may, purchased, out of the Library Rate, or out of money borrowed as herein provided, purchase, feu, or rent any land, or any suitable building ; And may, upon the land so appropriated, rented, feued, or purchased, erect any building suitable for Public Libraries, Public Museums, Schools for Science, Art Galleries, and Schools for Art, or for any one or more of those objects, and may alter or extend any buildings for such purposes, and repair and improve the same respectively, and fit up, furnish, and supply the same respectively with all requisite furniture, fittings, and conveniences. 11. The clauses and provisions of the " Lands Clauses Con- Parts of solidation (Scotland) Act, 1845," with respect to the purchase ^inccrpo- of lands by agreement, and with respect to the purchase- rated, money or compensation coming to parties having limited interests, or prevented from treating or not making title, and with respect to conveyances of lands, so far as such clauses and provisions are applicable to purchases, feus, or leases authorised by this Act, and are not herein expressly varied, shall be incorporated with this Act ; And the expression " the special Act " used in such clauses and provisions shall be construed to mean this Act ; And the expression " the promoters of the undertaking " used in such clauses and provisions shall be construed to mean the Magistrates and Council, or the Board, as the case may be. 12. The Magistrates and Council, or the Board, as the case Lands, etc., may be, may sell any lands, buildings, or other property "^0^. vested in them for the purposes of this Act, or exchange the changed. same for any lands, buildings, or other property better adapted for such purposes, and the money arising from such 112 BOOK I LIBRARIES AND MUSEUMS. Lands, etc. vested in Magis- trates, etc., and Boards. sale, and the property received in exchange, shall be applied and held for the purposes of this Act. 13. The lands and buildings so to be appropriated, pur- chased, or rented, and all other real or personal property whatever, presented to or purchased for any Library or Museum established under this Act or to which this Act applies, shall in the case of a Burgh be vested in the Magis- trates and Council, and in the case of a Parish in the Board. 14. The Magistrates and Council, or the Board, as the case may be, may from time to time borrow at interest on mortgage or bond on the security of the Rate to be levied in pursuance of this Act, for the purposes thereof, a sum or sums of money not exceeding the capital sum represented by one-fourth part of the Library Rate, authorised by this Act, capitalised at the rate of 20 years' purchase of such sum ; And on repayment of such sum or sums, or any part thereof, they may from time to time re-borrow in manner and for the purposes aforesaid, but so that the whole sum borrowed at any one time shall not exceed the amount of the said capital sum after deducting therefrom any sums set apart as a sinking fund as hereinafter provided. (a) (a) As to Edinburgh, see ;">0 & 51 Viet. c. Ixxxv., post. 15. The Magistrates and Council, or the Board, as the case may be, are hereby required to set apart annually, as a sinking fund for the extinction of capital sums, borrowed under the authority of any Library Act in force for the time being, or of this Act, a sum equal to at least one -fiftieth part of the money so borrowed, and such sinking fund shall be from time to time applied in repayment of the money so borrowed, and to no other purpose whatever, and shall be lodged in a Joint Stock Bank of issue in Scotland, or invested in Government securities, or lent out at interest in the name and at the discretion of the Magistrates and Council, or the Board, as the case may be, until the same be applied for the purpose before specified. 16. The clauses and provisions (a) of the " Commissioners Clauses Act, 1847," with respect to the liabilities of the Commissioners, and to legal proceedings by or against the Commissioners, and with respect to mortgages to be executed by the Commissioners, excepting 84, 86, and 87, shall, unless herein expressly varied, be incorporated with this Act, and the several words and expressions, to which by the last recited Act meanings are assigned, shall in this Act PAET IV. STATUTES 50 & 51 VICT. c. 42. 113 have the same respective meanings, unless there be something in the subject or context repugnant to such construction ; And the expression "the special Act" used in such clauses and provisions herewith incorporated shall mean this Act ; And the expression " the Commissioners " shall mean the Magistrates and Council, or Board, and the Committee in the discharge of their respective duties under this Act. (a) These provisions will be found at p. 87 et seq., ante. 17. When the Magistrates and Council, or Board, as the case may be, accept a grant out of moneys provided by Parliament, from any Committee of the Privy Council on Education, towards the purchase of the site, or the erection, enlargement, or repair of any School for Science and Art, or School for Science, or School for Art, or of the residence of any teacher in such School, or towards the furnishing of any such School, they shall have power to accept such grant upon the conditions prescribed for the acceptance thereof by the said Committee, and to execute such instruments as may be required by the said Committee for carrying into effect such conditions, and upon payment of the grant shall, together with their successors, be bound by such conditions and instrument, and have power and be bound to fulfil and observe the same. 18. The Magistrates and Council of any Burgh, or the Board of any Parish where this Act has been adopted, shall, within 1 month after its adoption, and thereafter from year to year, in the case of a Burgh, at the first Meeting after the annual election of Town Councillors or Com- missioners of Police, and in the case of a Parish, at the first Meeting after the annual Meeting for the election of repre- sentative Members of the Parochial Board, appoint a Com- mittee, consisting of not less than 10 nor more than 20 Members, half of whom shall be chosen from amongst the Magistrates and Council, or Board, as the case may be, and the remaining half from amongst the householders of the Burgh or Parish other than the Magistrates and Council, or Board, and three Members of such Committee shall form a quorum. 19. Any Member of Committee shall have power to resign office upon giving at least fourteen days' previous notice to the Clerk of the Committee of his intention so to resign ; And in the event of any vacancy occurring in the Com- mittee during their term of office by the resignation or death of any Member, the Committee shall forthwith cause the same i Power to accept parliamen- tary grant under con ditions. Committee to be appointed. Appoint- ments to vacancies in Com- mittee. 114 BOOK I. LIBRARIES AND MUSEUMS. to be intimated to the Magistrates and Council, or Board, and the Magistrates and Council, or Board, as the case may be, may at a meeting thereafter elect from among themselves, or from among the householders other than themselves, according to the class in which the vacancy has arisen, a Member of Committee in place of the Member so resigning or dying, provided that no proceedings of the Committee shall be invali- dated or be illegal in consequence of a vacancy or vacancies in the number of the Committee. 20. The Committee appointed as aforesaid shall, in the case of a Burgh, meet once in every three months, or oftener if necessary, and in the case of a Parish, as often as may be necessary, to determine as to any business falling to be transacted by them, and shall appoint a Chairman from among their own number, who shall hold office until next election of Committee ; And such Chairman shall, in case of equality, have a casting vote in addition to his vote as an individual ; Provided that, in the event of a vacancy occurring in the office of Chairman, the Committee shall at their first meeting thereafter appoint a new Chairman, and in the absence of the Chairman of Committee at any meeting, the meeting shall appoint a Chairman for the time being, who at that meeting shall exercise the privileges of the Chairman of Committee. 21. The Committee shall manage, regulate, and control all Libraries and Museums established under this Act, or to which this Act applies : and shall have power to do all things necessary for such management, including the following powers ; that is to say, To appoint Sub-Committees of their own number : To appoint a salaried clerk, and salaried librarians, officers, and servants to act during the pleasure of the Committee, and to pay and dismiss them : To purchase books, newspapers, reviews, magazines, and other periodicals, statuary, pictures, engravings, maps, specimens of Art and Science, and such other articles and things as may be necessary for the establishment, increase, and use of the Libraries and Museums under their control, and to do all things necessary for keeping the same in a proper state of preservation and repair : To provide from time to time the necessary fuel, lighting, and other matters : To sell or exchange any books, works of art, or other PART IV STATUTES. 50 & 51 VICT. c. 42. 115 property of which there may be duplicates, provided that the money arising from such sale, and the property received in exchange shall be applied and held for the purposes of this Act : To provide suitable rooms in the Libraries within which the books, periodicals, and newspapers may be read : To lend out, for the purpose of being read by the house- holders and inhabitants of the Burgh or Parish in and for which the Committee has been appointed, the books of any Library under their control, or such of them as they may consider proper; and at their discretion to grant the same privilege to the inmates of Industrial Schools, Training Ships, Reformatories, Barracks, and other similar Institutions, established for or in the Burgh or Parish ; and also to any person carrying on business within the limits of the Burgh or Parish, or to any employee engaged in employment therein, although such person or employee may not be a householder, and may not reside within such limits : To compile and print catalogues of all or any books, articles, and things in the Libraries or Museums under their control, and reports of their proceedings, and to sell the same, the proceeds to be applied for the purposes of this Act. 22. It shall be lawful for the Committee to make by-laws Power to for regulating all or any matters and things whatsoever con- f make ta nected with the control, management, protection, and use of by-laws. any property, articles, or things under their control for the purposes of this Act, and to impose such penalties for breaches of such by-laws, not exceeding o for each offence, as may be considered expedient ; And from time to time, as they shall think fit, to repeal, alter, vary, or re-enact any such by-laws, provided always that such by-laws and alterations thereof shall not be repug- nant to the law of Scotland, and before being acted on shall be signed by a quorum of the Committee, and, except in so far as they relate solely to the officers or servants of the Committee, such by-laws shall be approved of by the Magis- trates and Council, or the Board, as the case may be, and shall be approved of and confirmed by the Sheriff of the County in which the Burgh or Parish, or the greater part of the area thereof, is situated ; Provided also, that nothing herein contained shall preclude the Magistrates and Council, or Board, as the case may be, i 2 116 BOOK I LIBRAKIES AND MUSEUMS. Newspaper publica- tion of by- laws before confirma- tion, and time and manner of stating objections. Exhibition of by-laws previous to confirma- tion. Printed copy of by- laws to be provided. By-laws when con- firmed and published to be in force. Evidence of by-laws. from recovering the value of articles or things damaged, or the amount of the damage sustained, against all parties liable for the same, (a) (a) It is the practice in some towns to charge for a borrowers' ticket. This could only be justified by a By-law duly made under this section, and it might be held to be contrary to 32 post). 23. No by-laws or alterations thereof requiring confirmation shall be confirmed, as before mentioned, unless notice of the intention to apply for confirmation of the same shall have been given in one or mbre newspapers published and circu- lated in the district one month at least before the hearing of the application for confirmation, and any party aggrieved by any such by-laws or alterations thereof, on giving notice of the nature of his objection to the Clerk to the Committee 10 days before the hearing of the application for confirmation, may, by himself or his counsel, attorney, or agent, be heard thereon, but not so as to allow more than one party to be heard upon the same matter of objection. 24. For one month at least before any such application for confirmation of any by-laws or alterations thereof, a copy of such proposed by-laws or alterations shall be kept at the office of the Clerk to the Committee, and shall also be put up in some conspicuous place in each of the Libraries and Museums of the Committee, and all persons may, at all reasonable times, inspect such copy without fee or reward ; And the Clerk to the Committee shall furnish every person who shall apply for the same with a copy thereof, or of any part thereof, on payment of sixpence for every one hundred words so to be copied. 25. The Clerk to the Committee shall give a printed copy of the confirmed by-laws, for the time being in force, to every person applying for the same, without charge ; And a copy thereof shall be painted or placed on boards, and put up in some conspicuous part of each of the Libraries and Museums of the Committee, and such boards with the by-laws thereon shall be renewed from time to time as occasion shall require, and shall be open to inspection without fee or reward. 26. All by-laws or alterations thereof, made and confirmed according to the provisions of this Act, when so published and put up, shall be binding upon and be observed by all parties, and shall be a sufficient warrant for all persons acting under the same. 27. The production of a written or printed copy of the PART IV STATUTES 50 & 51 VICT. c. 42. 117 by-laws requiring confirmation as aforesaid, authenticated by the signature of the sheriff who shall have confirmed the same, and a written or printed copy of the by-laws not requir- ing such confirmation, authenticated by the Common Seal of the Committee, and signed by the Chairman of the Committee at the time when the same were made, shall be evidence of the existence and making of such by-laws in all cases for prosecution under the same, without proof of the signature of siich sheriff, or the Common Seal of the Committee, or the signature of their Chairman ; And with respect to the proof of the publication of such by-laws it shall be sufficient to prove that a board containing a copy thereof was put up and continued in manner by this Act directed. 28. All penalties and forfeitures exigible under this Act, and the Acts incorporated wholly or partially herewith, or under any by-law made in pursuance thereof, may be recovered by an ordinary small- debt action in the- name of the Clerk to the Committee for the time being before either the sheriff or justices of the district ; And the same shall be payable to the Committee, and shall, when recovered, be applied by them for the purposes of this Act ; And in any prosecution under this Act an excerpt from the books of the Committee, certified by the Clerk or other proper officer, shall be held equivalent to the books of the Committee, and all entries in the books of the Committee bearing that any book or books mentioned or referred to therein has or have been borrowed by the person complained against shall be taken and received as evidence of the fact, and the onus probandi shall be thrown on the party complained against, and if decree passes against such party, he shall be found liable in costs. 29. All actions at the instance of the Committee shall be brought in name of the Clerk to the Committee, and in all actions against the Committee, it shall be sufficient to call the Clerk to the Committee for the time being as defender, and service on him shall be sufficient service ; And all actions brought by or against the Clerk to the Committee in his official character shall be continued by or against his successors in office without any action of trans- ference. 30. The Committee shall in the month of April in every year make up, or cause to be made up, an estimate of the Recovery of penal- ties and forfeitures* Action* by or against. Com- mittee. Estimates to be made up. 118 BOOK I. LIBBAPJES AND MUSEUMS. Power to add to in- stitutions estab- lished. Libraries, etc., to be free. sums required in order to defray the interest of any money borrowed, the payment of the sinking fund, and the expense of maintaining and managing all Libraries or Museums under their control for the year after Whit-Sunday then next to come, and for the purpose of purchasing the books, articles, and things authorised by this Act to be purchased for such Libraries or Museums, and shall report the same to the Magistrates and Council in the case of a Burgh, or to the Board in the case of a Parish, and the Magistrates and Council or the Board, as the case may be, shall provide the amount required out of the Library Rate to be -levied by them, and shall pay over to the Committee the sum necessary for the annual expenditure by them in terms of their estimate. 31. Where any of the following institutions, namely, a Public Library, a Public Museum, a School for Science and Art, a School for Science, a School for Art, or an Art Gallery has been established under any Public Library Act in force for the time being, or under this Act, there may at any time be established, in connection therewith, any other of the said institutions without further proceedings being taken for the adoption of this Act. 32. All Libraries, Museums, or Art Galleries established under this Act, or to which this Act applies, shall be open to the public free of charge, and no charge shall be made for the use of books or magazines issited for home reading. SCHEDULES. 4. SCHEDULE (A). PROCEDURE FOR DETERMINING KY VOTING PAPER AS TO THE ADOPTION OF THE ACT. (1.) Upon receipt of the requisition specified in the Act,(a) the Chief Magistrate or the Sheriff, as the case may be, shall, without unnecessary delay, cause to be printed, and to be delivered or sent by post to each householder, an intimation and a voting paper, in the respective forms appended hereto, and the intimation may be prefixed to the voting paper and on the same paper therewith, or may be printed separately, (a) As to the adoption of the Act in a Burgh see 57 & 58 Viet. 20 PART IV. STATUTES. 50 & 61 VICT. c. 42. 119 provided it be delivered or posted simultaneously with the voting paper. (2.) In the case of a Burgh, the voting paper shall bear the number of the householder on the Municipal Register, and where the Burgh is divided into Wards, the number of the Ward ; and in the case of a Parish the voting paper shall bear a number relative to the entry of the householder in a copy of the Valuation Roll applicable to such Parish, or in a list of the householders in such Parish, which copy or list, distinguishing the amount of rental at which each person is assessed, the assessor, under the Acts in force for the valua- tion of lands and heritages in Scotland, is hereby required to make, certify, and furnish to the Sheriff, within 14 days of an application by him to that effect, on payment of a fee of not more than Is. for each 100 names ; and such copy or list, certified as aforesaid, shall be sufficient proof of the qualifi- cation of the householders named therein. (3.) The intimation aforesaid shall specify the place at which the voting paper is to be collected, and shall also specify a day for collection, hereinafter called the day of the poll, being not less than 3 lawful days, nor more than 10 lawful days from the last date of the delivery or of the posting of the voting papers to the householders. (4.) The Chief Magistrate or the Sheriff, as the case may be, shall, before the issue of such voting papers, appoint a competent person as collector thereof, on such terms and for such remuneration as may be reasonable ; and he shall also, by himself or through the collector aforesaid, at any time before or during the collection or scrutiny of the voting papers, appoint such number of assistant collectors as may be necessary for carrying out the procedure herein specified. (5.) The Chief Magistrate or the Sheriff, as the case may be, shall, at least 3 days previous to the day of the poll, inti- mate such day and the place or places and hours fixed for collecting such votes by advertisement in 1 or more news- papers published or circulating in the Burgh or Parish ; and the said advertisement shall also specify the name of the collector appointed as aforesaid, and an address where voting papers may be received from such collector, in terms of the immediately succeeding article. (6.) The collector, or an assistant collector, shall attend at the address specified in such advertisement for at least three specified hours of each of the two lawful days immediately preceding the day of the poll, and shall, on the application of 120 BOOK I LIBEAMES AND MUSEUMS. any householder, and on being satisfied that such householder has not already received a voting paper, supply a voting paper to such applicant ; and the collector, or any assistant collector, shall, at any time after the issue of the voting papers, and before seven o'clock afternoon of the day of the poll, on being satisfied that a voting paper has been inadvertently lost, destroyed, or rendered useless, have power to supply a dupli- cate voting paper, which shall be marked " duplicate " before being issued. (7.) Voting papers duly filled up and subscribed by the householders, to whom the same are respectively applicable, may be transmitted by post to the collector, at the address specified in the aforesaid advertisement, provided that such voting papers reach the collector before eight o'clock of the afternoon of the day of the poll, and that the householders so transmitting prepay the postage thereof, otherwise the same shall not be received. (8.) On the day of the poll the Chief Magistrate, or the Sheriff, as the case may be, shall cause the place or places specified in the intimation accompanying the voting paper to be kept open from eight o'clock morning till eight o'clock afternoon, and such place, or each of such places, if more than one, shall be under the charge of the collector, or of an assistant collector, who shall give his personal attendance during the hours specified for the purpose of receiving all voting papers which may be handed to him. (9.) In the case of a Burgh divided into Wards, there shall be at least one place for the collection of voting papers in each Ward, and in any Burgh or Parish where more than one place for collection shall have been appointed, the collec- tion in all of such places shall take place on the same day, and the intimation accompanying the voting paper shall specify the particular place where such voting paper is to be collected. The collector, or assistant collector, in charge of any such place for collection shall not be bound to receive a voting paper which shall have been directed to be lodged at some other such place. (10.) Where any householder is unable to write, he may attach his mark to the voting paper, provided that such voting paper be signed by a witness, whose address shall be appended to his signature. (11.) Any person fabricating a voting paper, or presenting or returning a fabricated voting paper, or any voting paper, knowing that the same does not bear the true signature of PAET IV. STATUTES 50 & 51 V1CT. c. 42. 121 the householder to whom such voting paper is intended to apply, shall be guilty of personation, and shall be liable to the penalties of that offence as set forth in the Ballot Act, 1872. (12.) No voting paper shall be received after eight o'clock afternoon of the day of the poll ; and in the event of there being more than one place for collection, each assistant col- lector shall immediately after the close of the poll transmit the voting papers received by him to the collector, and the whole voting papers shall thereafter be under the charge of the collector, subject to the directions of the Chief Magistrate, or of the Sheriff, as the case may be. (13.) The collector, subject as aforesaid, shall, as soon as may be after the conclusion of the poll, proceed to a scrutiny of the voting papers, and shall, with such assistance as may be necessary, compare the same with the municipal register, or with the copy roll, or list of householders, as the case may be, and shall ascertain how far the voting papers have been filled up in terms of the directions thereon, and have been duly signed by the householders to whom such voting papers were respectively issued ; and immediately on the conclusion of such scrutiny he shall report to the Chief Magistrate, or to the Sheriff, as the case may be, the number of house- holders who have voted for the adoption of the Act, and the number who have voted against its adoption. He shall also report the total number of voting papers received, and the number, if any, which have been rejected by him, and the cause of such rejection. (14.) Upon receiving the report of the collector, the Chief Magistrate, or the Sheriff, as the case may be, shall, if satis- fied of the accuracy of such report, cause the result of the poll to be made public in such manner as he shall think most expedient. FORM OF INTIMATION. Public Libraries Consolidation (Scotland) Act, 1887. Burgh [or Parish] of No, [insert number of householder on register, roll, or list]. [Insert place and date of issue]. To [insert name of Iwuselwlder]. In terms of the " Public Libraries Consolidation (Scotland) Act, 1887," I have to intimate that a requisition having been presented to me by the prescribed number of householders of the Burgh [or Parish] of to take the opinion of the householders as to whether the Act should be adopted in said Burgh [or Parish], I have caused the subjoined [or accom- 122 BOOK I LIBRARIES AND MUSEUMS. panying] voting paper to be issued to you as a householder of said Burgh [or Parish], which voting paper, duly filled up and subscribed by you, will be received within [name of place] on the day of next, between the hours of eight o'clock morning and eight o'clock after- noon. The voting paper may be delivered personally or by a messenger, provided it bear your signature. In lieu of delivery of the voting paper in manner above mentioned, it is competent to any householder to post it addressed to [name and address of collector], provided the postage be prepaid, and that the voting paper reach the collector before eight o'clock afternoon of the said [insert day of poll}. The risk of delivery before the hour specified rests with the householder adopting this method of return. (Signed) A.B., Chief Magistrate,. [or Sheriff]. FOBM OF VOTING PAPEB. Public Libraries Consolidation (Scotland) Act, 1887. Burgh [or Parish] of No. [insert number of Householder on register, roll, or list]. VOTING PAPEB. To be delivered on the day of , 18 [insert day of poll], between the hours of eight o'clock morning and eight o'clock after- noon at [insert place of collection]. In reply to the question whether the Public Libraries Consolidation (Scotland) Act, 1887, should be adopted by the Burgh [or Parish] of , I vote * [Signature of liouseholder.] NOTE. Any person fabricating a voting paper, or presenting or returning a fabricated voting paper, or any voting paper, knowing that the same does not bear the true signature of the householder to whom such voting paper is intended to apply, is guilty of personation, and is liable to the penalties of that offence as set forth in the Ballot Act, 1872. SCHEDULE (B). PKOCEDURE FOR DETERMINING BY PUBLIC MEETING AS TO THE ADOPTION OF THE ACT. (1.) Upon receipt of the Requisition specified in the Act, the Chief Magistrate, or the Sheriff, as the case may be, shall convene a Meeting of the householders in some con- venient place within the Burgh or the Parish, as the case may be, for the purpose of determining whether the Act shall be adopted within such Burgh or Parish. (2.) Such Meeting shall be held on a day not less than 14 PART IV STATUTES. 50 & 51 VICT. c. 42. days or more than 30 days after the receipt of the Requi- sition, and notice of the Meeting shall be given not less than 7 days preceding its date by posting within the Burgh or Parish, as the case may be, handbills in the form annexed hereto, and also by advertisement, in the said form, inserted at least once in every daily newspaper published within the Burgh or Parish, as the case may be, and in the event of there being no daily newspaper so published, then at least once in one or more newspapers published or circulating within the Burgh or Parish. (3.) The Chief Magistrate, in the case of a Burgh, shall provide himself with a copy of the Municipal Register, and the Sheriff, in the case of a Parish, shall provide himself with a copy of the Valuation Roll applicable to such Parish, or a list of the householders therein, which copy or list shall be made, certified, and furnished to the Sheriff on his appli- cation in the manner directed in Schedule (A). (4.) At the Meeting called as aforesaid all householders on the Municipal Register, in the case of a Burgh, or on the copy or list furnished and certified as aforesaid, in the case of a Parish, shall be entitled to vote, and no other person or persons whatever shall be so entitled, and the Chief Magis- trate, or the Sheriff', as the case may be, shall take such measures as may be necessary for the exclusion of non- qualified persons from the Meeting, or for preventing such persons from voting, and for securing that the votes of such persons, if given, shall not be counted ; and, if necessary for this purpose, he may require that every householder in- tending to be present at the Meeting, or present thereat, shall enter his name and address on a card to be furnished to him, and that all such cards shall be delivered up before entering the Meeting, or before the votes are recorded ; and every person knowingly and falsely representing himself to be a householder in such Burgh or Parish, and as such en- titled to vote, shall be guilty of personation, and shall be liable to the penalties of that offence as set forth in the Ballot Act, 1872. (5.) The Chief Magistrate, or the Sheriff, as the case may be, shall attend and shall preside at the Meeting, and shall appoint a clerk who shall make regular minutes of the pro- ceedings thereof, and the Chief Magistrate, or Sheriff", as the case may be, shall in case of equality have a casting vote. (6.) The result of the vote, whether for or against the adoption of the Act, shall be announced by the Chief Magis- 124 BOOK I LIBRAKIES AND MUSEUMS. trate, or Sheriff, as the case may be, at the Meeting itself, or in any other way he may think most expedient, provided such announcement be made without unnecessary delay. FOBM OF NOTICE OF PUBLIC MEETING. Burgh [or Parish] of Notice is hereby given, that under and in virtue of the powers contained in the Public Libraries Consolidation (Scotland) Act, 1887, the householders of the Burgh [or Parish] of are required to meet upon , the day of next, at o'clock, within , when a vote will be taken as to whether the Act shall be adopted by the said Burgh [or Parish]. [In the case of a Burgh add] By the Act " householders " are denned to mean " all persons entered on the Municipal Register," and " Municipal Register " is denned to mean " the Register, List, or Roll of persons entitled to vote in an election of Town Councillors or Commissioners of Police in a Burgh, made up according to the law in force for the time being." [In the case of a Parish add] By the Act " householders " are denned to mean " all persons entitled to vote in the election of a School Board in a Parish under the provisions of the Education (Scotland) Act, 1872, and any Act amending the same." [The Chief Magistrate, or the Sheriff, as the case may be, may append any regulations he may think expedient for securing order, and for effecting the purpose of the Meeting.] Dated at , the day of , 18 . (Signed) A.B., Chief Magistrate, [or Sheriff]. [54 & 55 Viet.] Museums and Gymnasiums, 1891. [c. 22] 54 & 55 VICT. 22. An Act to enable Urban Authorities to provide and maintain Museums and Gymnasiums. [3rd July, 1891. BE it enacted, etc. 1. This Act may be cited as the " Museums and Gymna- siums Act, 1891." 2. (1.) This Act shall extend to any district where the same is adopted as hereinafter provided, but only so far as the adoption extends. ' (2.) This Act shall not extend to Scotland or the adminis- trative county of London. 3. (1.) This Act may be adopted by any urban authority for their district either wholly or so far as it relates to museums only or to gymnasiums only. (2.) The adoption shall be by a resolution passed at a meeting of the urban authority, and one month at least PART IV STATUTES 54 & 55 VICT. c. 22. 125 before such meeting special notice of the meeting and of the intention to propose such resolution shall be given to every member of the authority, and the notice shall be deemed to have been duly given to a member of it, if it is either (a.) Given in the mode in which notices to attend meetings of the authority are usually given ; or (&.) Where there is no such mode, then signed by the clerk of the authority, and delivered to the member or left at his usual or last known place of abode in England, or forwarded by post in a prepaid letter, addressed to the member at his usual or last known place of abode in England. (3.) Such resolution shall be published by advertisement in some one or more newspapers circulating within the district of the authority, and by causing notice thereof to be affixed to the principal doors of every church and chapel in the place to which notices are usually fixed, and otherwise in such manner as the authority think sufficient for giving notice thereof to all persons interested, and shall come into operation at a time not less than one month after the first publication of the advertisement of the resolution as the authority may by the resolution fix, and upon its coming into operation the Act shall extend to that district. (4.) A copy of the resolution shall be sent to the Local Government Board. (5.) A copy of the advertisement shall be conclusive evidence of the resolution having been passed, unless the contrary be shown; and no objection to the effect of the resolution, on the ground that notice of the intention to propose the same was not duly given, or on the ground that the resolution was not sufficiently published, shall be made after three months from the date of the first advertisement. 4. An urban authority may provide and maintain museums Power to for the reception of local antiquities or other objects of j^uleum interest, and gymnasiums with all the apparatus ordinarily and gym- used therewith, and may erect any buildings, and generally r do all things necessary for the provision and maintenance of such museums and gymnasiums, (a) (a) Probably outsiders cannot be appointed Members of a Committee to Manage a Museum under this Act. 5. A museum provided under this Act shall be open to Admissl n the public not less than three days in every week free of museum, charge, but subject thereto an urban authority may admit any person or class of persons thereto as they think fit, and 126 BOOK I. LIBRARIES AND MUSEUMS. may_,c.harge fees for such admission, or may grant the use of the same or of any room therein, either gratuitously or for payment, to any person for any lecture or exhibition, or for any purpose of education or instruction, and the admission teethe museum or room the use of which is so granted may be either with or without payment as directed by the urban authority, or with the consent of the urban authority by the person to whom the use of the museum or room is granted. 6. (1.) A gymnasium provided under this Act shall be open to the public free of charge for not less than two hours a, day during five days in every week. (2.) Subject thereto the urban authority (a.) may regulate the admission of the public to such gymnasium, either by classes or otherwise, as they think fit, and may charge fees for such admission ; and (&.) may, for not more than two hours in each day, grant the exclusive use thereof to any person or body of persons for the purpose of gymnastic exercises, for such pay- ment and on such terms and conditions as they think fit. (3.) An urban authority may (for not more than 24 days in one year nor more than 6 consecutive days) close the gymnasium for use as a gymnasium, and grant the use of the same gratuitously or for payment to any person for the purpose of any lecture, exhibition, public meeting, enter- tainment, or other public purpose, and the admission on such days shall be either with or without payment as directed by the urban authority, or with the consent of the urban authority by the person to whom the use of the same is granted. 7. (1.) An urban authority may make regulations for all or any of the following matters, namely : (a.) For fixing the days of the week or hours of the day, as the case may be, during which the museum or gym- nasium is to be open to the public free of charge : (&.) For giving special facilities to students for the use of the museum : (c.) For fixing the fees to be paid for the admission of persons to the museum and for the use thereof either by students or in any other special manner : For regulating the use of the gymnasium either by classes or otherwise, and fixing the scale of fees to be paid for such use : PART IV STATUTES 54 & 55 VICT. c. 22. 127 (e.) For prescribing conditions on which the exclusive use of the museum, or any room therein, or of the gymnasium is granted in any case : (/.) For determining the duties of the instructor, officers, and servants of the urban authority in connection with a museum or gymnasium : ((/.) Generally for regulating and managing the museum or gymnasium. (2.) The urban authority may make by-laws for regulating the conduct of persons admitted to the museum or gymnasium, and may by any such by-law provide for the removal from the museum or gymnasium of any person infringing any such by-law by any officer of the urban authority or by any constable. All the provisions with respect to by-laws contained in sections 182 to 186 of the " Public Health Act. 1875," and any enactment amending or extending those sections, shall apply to all by-laws from time to time made by an urban authority under the powers of this Act. 8. An urban authority may at such time as they think fit close a museum or gymnasium provided by them for repairs, and shall give a fortnight's notice of their intention to close the same by affixing a notice to that effect on the door of the museum or gymnasium, as the case may be, or otherwise as they think fit. 9. An urban authority may appoint and pay such officers and servants as they think fit for the purpose of a museum or gymnasium provided under this Act, and may employ and pay instructors in connection with a gymnasium. 10. (1.) The fees and other money received by an urban authority under this Act shall be applied in defraying the expenses of the museum or gymnasium in respect of which they are received. (2.) So far as such expenses are not so defrayed, they shall be defrayed as part of the general expenses of the execution by the urban authority of the " Public Health Acts." (3.) An urban authority may borrow for the purposes of this Act in like manner and subject to the like conditions as for the purpose of defraying the said general expenses, and for that purpose sections 233, 234, and 236 to 239, both inclusive, of the "Public Health Act, 1875" (relating to borrowing), and sections 242 and 243 of the same Act (relating to loans by the Public Works Loan Commissioners), S8&39 Viet. 55. Closing of museum or gym- nasium for repairs. Appoint- ment of officers and servants. Expenses and borrowing. 38 & 39 Viet. 55. 128 BOOK I LIBRAEIES AND MUSEUMS. 42&43 Viet. 77. Acquisi- tion of land. Power to sell museum or gym- nasium in certain cases. Powers of Act cumu- lative. as amended by 2 of the "Public Works Loans Act, 1879,' r shall apply. (4.) Separate accounts shall be kept of the receipts and expenditure of an urban authority in connection with any museum or gymnasium established under this Act, and such accounts shall be audited in like manner and with the like power to the officer auditing the same, and with the like incidents and consequences, as the accounts of the urban authority are for the time being required to be audited by law. (5.) The amount expended by an urban authority under this Act shall not in any year exceed the amount produced by a rate of a halfpenny in the pound for a museum, and the like amount for a gymnasium established under this Act. 11. (1.) Land for the purposes of this Act may be acquired by an urban authority in like manner as if those purposes were purposes of the "Public Health Act, 1875," and 175 to 178, both inclusive, of that Act (relating to the purchase of land) shall apply accordingly, but no land shall be so acquired otherwise than by agreement. (2.) An urban authority may, with the consent of the Local Government Board, appropriate, for the purposes of this Act, any land which may be for the time being vested in them, or at their disposal, (a) (a) As regards bequests of land by will for purposes of museums it must be remembered that by the " Mortmain Act, 1888 " (51 & 52 Viet. 42, 6 (3)) Testators are restricted to the amount of 2 acres. That Act contains a definition of the term " public museum " which may be useful for certain other purposes besides its immediate purpose. 12. (1.) Where it appears to an urban authority that a museum or gymnasium which has been established under this Act for seven years or upwards is unnecessary or too expensive, they may, with the consent of the Local Govern- ment Board, sell the same for the best price that can reason- ably be obtained for the same, and shall convey the same accordingly. (2.) Any moneys arising from such sale shall be applied toward the repayment of any money borrowed for the purpose of the museum or gymnasium sold, and, so far as not required for that purpose, shall be applied to any purpose to which capital moneys are properly applicable, and which may be approved by the Local Government Board. 13. All powers given to an urban authority under this Act shall be deemed to be in addition to and not in derogation PART IV STATUTES. 54 & 55 VICT. c. 22. 129 of any other powers conferred by Act of Parliament, law, or custom, and such other powers may be exercised in the same manner as if this Act had not been passed. 14. In this Act the expression " urban authority " means interpreta- an urban sanitary authority under the " Public Health Acts," and the expression " district " means an urban sanitary district under those Acts. 15. In the application of this Act to Ireland the following Appiica- provisions shall have effect :- toireLtd^ (1.) The expression "Public Health Acts" shall include the "Public Health (Ireland) Act, 1878," and the Acts & 42 amending the same ; Vlct - 52 - (2.) The "Public Health (Ireland) Act, 1878," shall be substituted for the " Public Health Act, 1875," and in particular a reference to sections 175 to 178 of the "Public Health Act, 1875," shall be taken to be a reference to sections 202 to 204 of the " Public Health (Ireland) Act, 1878," and a reference to sections 182 to 186 of the " Public Health Act, 1875," shall be taken to be a reference to sections 219 to 223 of the " Public Health (Ireland) Act, 1878," and a reference to sections 233, 234, and 236 to 239, both inclusive, of the " Public Health Act, 1875," shall be taken to be a reference to sections 237, 238, and 240 to 243, both inclusive, re- spectively, of the " Public Health (Ireland) Act, 1878,' r and a reference to sections 242 and 243 of the " Public Health Act, 1875," shall be taken to be a reference to section 246 of the " Public Health (Ireland) Act, 1878 " ; (3.) The Local Government Board for Ireland shall be substituted for the Local Government Board ; (4.) A reference to a place of abode in England shall be construed to be a reference to a place of abode in Ireland. 130 BOOK I. LIBRARIES AND MUSEUMS. is92. [55 & 56 Viet.] Public Libraries Act, 1892. [c. 53] vol. xxix. p. sec. 55 & 56 VICT. 53. An Act to consolidate and amend the Law relating to Public Libraries. [27th June, 1892. -BE it enacted, etc. Adoption of Act and Constitution of Library Authority Extent and 1. (1.) This Act shall extend to every library district for wnich ifc is ad P ted - 0) (2.) For the purposes of this Act and subject to the provi- sions thereof every urban district (6) and every parish in England and Wales which is not within an urban district shall be a library district, (c) [Sub-section 3 was repealed by 56 & 57 Viet. 73.] (a) See 3 as to method of adoption. (b) See definition in 27. (c) As to the City of London see 21, and as to the Metropolitan Dis- tricts see 22. 2. (1.) A rate or addition to a rate (a) shall not be levied ^ or tne purposes of this Act for any one financial year (b) in any library district (c) (e) to an amount exceeding one penny in the P und - ( d ) (2.) This Act may be adopted for any library district (e) subject to a condition that the maximum rate (/) or addition to a rate to be levied for the purposes of this Act in the district or in any defined portion of the district (g) in any one financial year (6) shall not exceed one halfpenny or shall not exceed three farthings in the pound, but such limitation if fixed at one halfpenny may be subsequently raised to three farthings, or altogether removed, or where it is for the time being fixed at three farthings may be removed. (Ji) (a) The words in italics appear to be mere surplusage. They are intended to meet the case where a lower limit than a penny rate is originally fixed and is subsequently increased. (b) See 27 for definition. (c) Except the City of London ( 21) and any District where the limit, if any, is prescribed in a Local Act ( 29). (d) This Sub-section does not absolutely set at rest the difficulty as to whether or not the amount realised by the rate must be expended in the year for which it is levied. Probably the maximum rate may be levied in addition to any surplus remaining from the previous years, for there is Limita- expendl ture for PART IV. STATUTES oo & 56 VICT. c. .',3. 131 no provision in the Act corresponding with 2 of the repealed Act of 1866 (limiting the amount to be paid in Boroughs in the year) or 3 of the repealed Act of 1871 (limiting the amount to be expended in Local Board Districts). And it is conceived that proceedings could only be taken against an Authority for an infringement of this Sub-section when it levied more in one year than the amount prescribed. The side-note, however, refers to limitations on " expenditure," but it may be reasonably argued that this does not affect the clause itself. The Local Government Board, on appeal, I has determined that credit balances maybe carried forward (58 J. P., 207). ' It would appear that the amount to be levied is not to exceed the amount which a penny in the pound would realise after allowing for empty property, deductions, and allowances, i.e. the amount which trie rate actually yields. In Brown ex partc Liverpool Corporation In Re, where the rate, under a local Act, was limited, the Justices having refused to issue a distress warrant against the Overseers, it was held that the Justices were right, and that a penny rate means a penny rate on the nominal rateable value, although part of it is unproductive, and that a deficiency thus arising cannot be sup- plied out of the productive part. (31 L. J., M. C., 108 [Reg. v. Liverpool JJ.] 6 L. T., 241.) Whether the cost of collecting the rate is (except in Parishes) to be deducted is very doubtful, and especially where a separate rate is levied. At Chelsea the Commissioners were charged by the Rating Authority (in that case the Board of Guardians) for collecting the Library Rate, when the Metropolitan District Auditor surcharged the amount, being evidently of opinion that the charge for collecting the rate was not properly payable by the Commissioners, but queer -e whether it should not be deducted in ascer- taining the actual yield of the rate where the maximum is levied. The matter was dealt with by the " Public Libraries Amendment Act, 1889," which provided that in a Parish the expenses should be paid out of a rate "to be raised with and as part of the Poor Rate." This provision is now incorporated in 18 (1 c) ; but the phrase " with and as part of the i Poor Rate " does not make it clear that the cost of collecting the Poor Rate ( is not to be deducted so as to ascertain the actual yield of the rate. The Local Government Board have stated that they were advised that in a Parish the Library Commissioners were not themselves to make the rate, but were to call upon the Overseers to make it under 13 of the Act of 1855. The present Act, following the Act of 1889, expressly provides that the rate is to be raised " with and as part of the Poor Rate." (e) See definition, 1 (2). (/) Not the actual rate to be used, but the maximum rate to be levied. (g) Quare whether it might be held to be legal to take the vote in one part for the full rate and at the same time for a reduced rate in another. The voting-paper does not appear to provide for this unless separate voting- papers may be used in each part. (h) As to alteration of any maximum prescribed by the voters, see 3 (b). Other provisions as to rating will be found as follows: As to mode of collection and deductions, 18; as to exemptions by Local Acts, 25 and 29. Observe that by 18 (2) in a Parish the Vestry must sanction the amount to be expended. 3. With respect to (a) the adoption of this Act for any library district (a) ; and (ft) the fixing, raising, and removing of any limitation on r , the maximum rate to be levied for the purposes of this Ac M) Act ; (b) and (c) the ascertaining of the opinion of the voters (c) with K 2 132 BOOK I LIBRARIES AND MUSEUMS. respect to any matter for which their consent is required under this Act ; (d) the following provisions shall have effect ; that is to say, (1.) Any ten or more voters (c) in the library district (a) may address a requisition (I) in writing to the authority here- after in this section mentioned requiring that authority to ascertain the opinion of the voters (c) in the district with respect to the question or questions stated in the requisition : Provided that where the library district is a municipal borough the requisition may be made by the council of the borough : (2 .) On receipt of the requisition the said authority shall (e) proceed to ascertain by means of voting papers (/) the opinion of the voters with respect to the said question or questions ; but the said authority shall not ascertain the opinion of the voters on any question with respect to the limitation of the rate unless required to do so by the requisition, or with respect to any limitation of the rate other than the limitations specified in this Act : (3.) The procedure for ascertaining the opinion of the voters shall be in accordance with the regulations con- tained in the First Schedule to this Act ; and those regulations shall have effect as if they were enacted in the body of this Act : (g) (4.) Every question so submitted to the voters (c) shall be decided by the majority (Ji) of answers to that question recorded on the valid (i) voting papers, and where the majority of those answers is in favour of the adoption of this Act, the same shall forthwith, on the result of the poll being made public, be deemed to be adopted : (j) (5.) Where the opinion of the voters in any library district (a) is ascertained upon the question as to the adoption of this Act, or upon a question as to the limitation of the rate, no further proceeding shall be taken for ascertaining the opinion of the voters until the expiration of one year at least from the day when the opinion of the voters was last ascertained, that is to say, the day on which the voting papers were collected : (6.) The authority to ascertain the opinion of the voters for the purposes of this section shall be in a municipal borough the mayor, and in any other urban district the chairman of the urban authority, and in a parish the overseers, (a) (/c) PART IV. STATUTES 55 & 56 VICT. c. 53. 133 (a) This Section now applies only to the City of London and the Metropolis. As regards Urban Districts, it was repealed by 56 Viet. 11, 2 (2) post, which Act now regulates the adoption in such districts. In rural parishes the adoption is regulated by 56 & 57 Viet. 73, 7, post. (b) See 2 as to what maximum may be fixed. The " authority" may not take the opinion of the voters on this point unless required to do so by the requisition. See Sub-section (2) post and observe note (a). (c) I.e., County Electors. See 27. In the City of London the Common Council, and not the voters, must make the requisition ( 21). (d) Such as agreements under 9 and 10 for the combination of neighbouring Parishes or the annexation of a Parish adjoining or near a Library District for the purposes of the Act, or agreements by Library Authorities for joint use of Library ( 16). See also question 3 in the Form of voting-paper, p. 158, post. (e) In the event of neglect or refusal, the only remedy would be by Man- damus. No time is fixed for taking the poll. (/) See Schedule I. Part II. for form of voting-paper. (g) This is an important provision, necessitating strict compliance with the Regulations, which will be judicially noticed if necessary. (h) See Rule 14 in the Regulations. (i) See Rules 10 and 11. (j) A form for announcing the result of the poll is set out on p. 157, post. (k} See Reg. v. Morris (Times, June 13, 1888). (I) No form of Requisition is prescribed, but the following form may be used: To THE OVERSEERS OF THE POOR FOR THE PARISH OF We, the undersigned, being ten or more voters in the Parish aforesaid, being a Library District within the meaning of the Public Libraries Act, 1892, do hereby require you (as the authority mentioned in Section 3 of the said Act) to ascertain the opinion of the voters in the said Parish as to the adoption of the said Act for the said Parish [and whether they are in favour of the rate being limited to one halfpenny in the pound].* Dated this day of , 18 . Name . Address . No. on Register of County Electors, * Omit the words in brackets if not required. See 3 (2). 4. This Act when adopted for any library district (a) shall Act be carried into execution, if the library district is an urban district, (ft) by the urban authority, (c) and, if it is a parish, by executed the commissioners appointed under this Act ; (d) and any such authority or commissioners executing this Act are herein- .after referred to as a " Library Authority." (a) See definition, 1 (2). (b) This includes a Borough. (c) I.e. in a Borough, the Town Council, (see 27) ; in an Urban District the District Council (56 & 57 Viet. 73, 21), but though in a Borough the Act is to be carried into execution by the Town Council as being the Urban Authority under the " Public Health Act, 1875," the ex- penses are not payable out of the rates levied under that Act. (d) See the next Section ; but where there is a Parish Council, that Council will be the Authority 56 & 57 Viet. 73, 7 (5, 7). For Metropolitan pro- visions, see 21 and 22. 134 BOOK I LIBRARIES AND MUSEUMS. Constitu- tion of commis- sioners for executing Act in parish. Rotation of commis- sioners. 5. (1.) Where this Act is adopted for any parish (a) the vestry (b) shall forthwith appoint not less than three nor more than nine voters (c) in the parish to be commissioners (d) for carrying this Act into execution. (2.) The commissioners shall be a body corporate by the name of " The Commissioners for Public Libraries and Museums for the parish of , in the county of ," and shall have perpetual succession and a common seal, with power to acquire and hold lands for the purposes of this Act, without any licence in mortmain (e). (a) Or Metropolitan District ( 22) ; but see 56 & 57 Viet. 73, 7 and 19. (b) Or District Board in the Metropolis (see 22). As to the constitution of the Vestry, see 26, but the provisions of the " Local Government Act, 1894 " (56 & 57 Viet. 73, 7, 19, and 33), will supersede the provisions of this section, so that in Parishes where a Parish Council is elected they will execute the Act in lieu of Commissioners ( 7), and in other Eural Parishes a Committee maybe appointed by the Parish Meeting ( 19). And possibly in Metropolitan Districts the Local Government Board may transfer the Commissioners' powers to the District Council ( 33). (c) I.e. County Electors or Burgesses ( 27). (d) There appears to be no provision which would disqualify a Commis- sioner once appointed who ceases to be a voter during the term of his office. (e) There is no limit to the area of lands which the Commissioners may acquire and hold, as in the case of Municipal Corporations, but they must be acquired and held " for the purposes of this Act ; " and see 12 as to the acquisition and disposal of land. The Local Government Board advised under the repealed Acts that in a Parish the Library Commissioners were not themselves to make a Bate, but were to call upon the Overseers to make it. This is now so provided in 18 (1 c). The Commissioners' expenses are subject to approval by the Vestry see 18 (2) ; but this provision may be held to be super- seded by the provisions of the "Local Government Act, 1894," already referred to. 6. (1.) The commissioners (a) shall, as soon as conveniently may be after their appointment, divide themselves by agree- ment, or in default of agreement by ballot, into three classes, one-third or as nearly as may be one-third of them being in each class. (2.) The offices of the first class shall be vacated at the 'expiration of one year, the offices of the second class at the expiration of two years, and the offices of the third class at the expiration of three years from the time of their appoint- ment. (3.) The offices of vacating commissioners shall be filled by an equal number of new commissioners to be appointed by the vestry (b) from among the voters (c) in the parish ; and every newly elected commissioner shall hold his office for PART IV STATUTES 55 & 56 VICT. c. 53. 135 the term of three years from the date when the office became vacant, and no longer, unless re-elected ; but a person, on ceasing to be a commissioner, shall, unless disqualified, (d) be re-eligible. (4.) Any casual vacancy among the commissioners, whether arising by death, resignation, incapacity, or otherwise, (c) shall as soon as may be after the occurrence thereof be filled up by the vestry; (a) but the term of office of a commissioner appointed to fill up a casual vacancy shall expire at the date at which the term of office of the commissioner in whose place he is appointed would have expired. (a) This Section is much more explicit than the Section in the Act of 1855 which it replaces ; but it is of practically no importance, except in the Metropolis, in view of the provisions of the " Local Government Act, 1894," referred to under 5, ante. The retirement of Commissioners was settled under the repealed Acts by the Vestry by ballot. Under this Section the Commissioners themselves are to decide their rotation either by " agree- ment " or " ballot." (6) Or District Board in the Metropolis ( 22). See the notes to 5, ante. (c) See 27 for definition ; but doubtless where a Parish Council is elected the qualifications for election as a parish councillor (56 & 57 Viet. 73, 3), will apply, so that residence within 3 miles will be sufficient, and no person is to be disqualified by sex or marriage. (d) A;Commissioner ceasing to be a voter during his term of office does not appear to be disqualified. 7. The commissioners shall meet at least once in every Meetings of comir : - sioners. month, and at such other times as they think fit, at some convenient place ; and any one commissioner may summon a special meeting by giving three clear days' notice in writing to each commissioner, specifying therein the purpose for which the meeting is called. Business shall not be trans- acted at any meeting of the commissioners unless at least two of them are present, (a) (a) Parish Councils and Committees appointed by the Parish Meeting in Eural Parishes will probably be governed by the Eegulations in the " Local Government Act, 1894." (See the notes to 5, ante.) Where Com- missioners are still appointed (e.g. in Metropolitan Parishes) they have no power to appoint a Committee, as they are not included in 15 (3) of the " Public Libraries Act, 1892." 8. All orders and proceedings of the commissioners shall Proceed- be entered in books to be kept for that purpose, and shall be coimriia. signed by the commissioners or any two of them ; and all sioners such orders and proceedings so entered, and purporting to r e CO rded be so signed, shall be deemed to be original orders and pro- ceedings, and such books may be produced and read as 136 BOOK I. LIBRARIES AND MUSEUMS. Power to vestries of neigh- bouring parishes to com- bine. Power to urmex parish to adjoining district. evidence of all such orders and proceedings upon any judicial proceeding. 9. (1.) Where this Act is adopted for any two or more neighbouring (a) (5) parishes, (c) the vestries (d) of those parishes may by agreement combine for any period in carrying this Act into execution, and the expenses of carrying this Act into execution shall be defrayed by the parishes in such proportions as may be agreed on by the vestries, (e) (2.) The vestry of each of the said parishes shall appoint not more than six (/) commissioners in accordance with the provisions of this Act, and the commissioners so appointed for the several parishes shall form one body of commissioners, and shall act accordingly in the execution of this Act. (g) (a) As to combination of neighbouring Urban Districts see 4 of the Act of 1893. There is no provision for the combination of a rural parish and an Urban District. It may be annexed under 10. Possibly a joint Com- mittee may be appointed (see 56 & 57 Viet. 73, 57). (6) Not necessarily adjoining. (c) I.e. Parishes which are not within any Urban District, 1 (2). (d) See 26 for definition of Vestry, and particularly the notes to 5 as to the effect of the " Local Government Act, 1894." (e) 14 of the Act of 1855 provided that the Vestries might agree as to the erection of a Public Library or Museum, or both, in any one of the Parishes. This is omitted here, because the Joint Commissioners have all the powers of a Library Authority. (/) 14 of the Act of 1855, now repealed, provided for the appointment of not more than three Commissioners by each Vestry. The change to six should be noted. (g) This Section provides for the combination of Parishes which are not in any Urban District. 16, post, should be read in connection with it. 10, post, authorises annexation by any "Library District" of a Parish, if near or adjoining, but there was no provision for a combination of two Urban Districts, until the Act of 1893 (p. 162), nor have the Library Authorities in such Districts power to enter into agreements for the use of one Library under 16 (1). As to Metropolitan Districts, see 22 (4). 10. Where the voters (a) in a parish (fr) adjoining or near (c) any library district (d) for which either this Act has been adopted, or the adoption thereof is contemplated, consent to such parish being annexed (e) to the said district, such parish, subject to the consent of the library authority (/) of the said district being also given, shall be annexed to and form part of that district for the purposes of this Act ; the vestry () may, with the sanction of the Local Government Board, appropriate for the purposes of this Act any land (c) which is vested in that authority (d). (3.) A library authority (a) may, with the sanction of the Local Government Board, sell any land (c) vested in them for the purposes of this Act, or exchange any such land for other land better adapted for those purposes, and the money arising from the sale or received by way of equality of exchange, shall be applied in or towards the purchase of other land better adapted for the said purposes [or may be applied for any purpose for which capital money may be applied, and which is approved by the Local Government Board.] (e) (4.) A library authority may let a house or building, or any part thereof, or any land vested in them for the purposes PART IV - STATUTES 55 & 56 VICT. c. 53. 139 of the Act, which is not at the time of such letting required for those purposes, and shall apply the rents and profits thereof for the purposes of this Act. (/) () 4- (6) 27. The expression includes Metropolitan Districts ( 23). (c) Or buildings. (See note (e) to 11). (d) If the Authority, with the consent of the Local Government Board r appropriates lands for the purposes of the Acts they are not required to charge the penny rate with any rent or purchase money. See the case of A. G. v. Sunder Land Corporation (45 L. J., Ch. 839 ; L. K, 2 Ch., D. 634 ; 34 L. T., 921 ; 40 J. P., 364) as to the powers of a Municipal Corporation with respect to land vested in it. BATING OF FREE LIBRARIES AND MUSEUMS. The institutions in the follow- ing towns are totally exempted from local rates, viz. : Aston, Birkenhead r Birmingham, Blackburn, Brierley Hill, Cambridge, Canterbury, Cardiff, Carlton, Clitheroe, Coventry, Darlington, Derby, Doncaster, Exeter, Folke- stone, Gateshead, Hanley, Harrogate, Kidderminster, Leek, Leicester, Lough- borough, Macclesfield, Manchester, Newport, Northampton, Norwich, Ply- mouth, Kichmond, Bochdale, Sheffield, Southampton, Southport, Truro, Warwick, Watford, Wednesbury, Whitehaven, Wigan, Winsford, Yarmouth, Aberdeen, Hawick, Thurso, Wick, Dundalk, Clerkenwell, Fulham, Lam- beth, St. Giles, Stoke Newington, Westminster. The following are partially exempt : Blackpool, Bolton, Bootle, Bristol, Fleetwood, Newcastle-on-Tyne, South Shields, Worcester. The Act 6 & 1 Viet. 36, 1, provides that any society instituted for purposes of Science, Literature, or the Fine Arts exclusively, and occupying for the transaction of its business any lands, houses, or buildings, may obtain exemption from rates on certain conditions. As to the effect of this Act reference should be' made to the cases cited at p. 287, post. If free Libraries and Museums do not come within the terms of the Section quoted, and therefore have no legal right to claim exemp- tion, yet they certainly have an equitable right to be exempted, for they ought to be placed in no worse position than private institutions, since their objects are identical and their usefulness more general. Moreover, the sum at the disposal of the Authority (which must cover rent or repayment of principal and interest) is already felt to be unnecessarily limited. And this equitable view has been entertained in many towns very favourably, where the Assessment Committees have fixed a nominal sum as the amount at which the buildings are to be rated. (See the list of Towns where the Library buildings are partially exempt.) In the case of Andrews v. Bristol, Mayor, it was, however, held that Libraries were liable to the property tax, but this case has been over-ruled by the House of Lords in the case of Manchester v. MacAdam, where it was decided that the Public Library of Manchester was a literary or scientific institution within the meaning of Kule 6 of 61, and Schedule A of 5 & 6 Viet. 35, and was therefore not liable to be rated. (e) The words in brackets [ ] are new. There is no provision as to any purpose for which " capital money " may be applied. It is probably intended to mean for the erection of buildings, purchase of land, or reduction of loans. (/) This sub-section is new. It might enable an Authority to erect a building with shops under or over the Library, etc., so as to let the same at a profit. The rents and profits may probably be used in addition to the rate. 13. (1.) Any person holding land for ecclesiastical, paro- Power to chial, or charitable purposes may, subject as hereinafter 140 BOOK I. LIBRARIES AND MUSEUMS. land for provided, grant, or convey, by way of gift, sale, or exchange, f r anv * ^e P ur P oses f this Act any quantity of such land, not exceeding in any one case one acre, in any manner vested in such person. (2.) Provided that (a) ecclesiastical property shall not be granted or conveyed for those purposes without the consent of the Eccle- siastical Commissioners ; and (b) parochial property shall not be so granted or conveyed save by the board of guardians of the poor law union comprising the parish to which the property belongs, or without the consent of the Local Government Board ; and (c) other charitable property shall not be so granted or conveyed without the consent of the Charity Commis- sioners ; and (c) the land taken in exchange or the money received for such sale shall Be held on the same trusts as the land exchanged or sold ; and (e) land situated in the administrative county of London, or in any urban district containing according to the last published census for the time being over twenty thousand inhabitants, which is held on trusts to be preserved as an open space, or on trusts which prohibit building thereon, shall not be granted or conveyed for the purposes of this Act. (3.) Any land granted or conveyed to any library authority under this section may be held by that authority without any licence in mortmain, (a) (a) This is a reproduction of 8 of the " Public Libraries Amendment Act, 1890." As to London see 21 and 22. Vesting of 14. All land appropriated, purchased, or rented, and all Ubrary J * other real and personal property presented to or purchased or authority, acquired for any library, museum, art gallery, or school under this Act shall be vested in the library authority, (a) (a) 4. And as to London see 21 and 22. Manage- etc., by authority or com- 15. (1.) The general management, regulation, and control ^ ^very library, museum, art gallery, and school provided under this Act shall be vested in and exercised by the library authority, (a) and that authority may provide therein books, newspapers, maps, and specimens of art and science, and cause the same to be bound and repaired when necessary, (b) PART IV STATUTES. 55 & 66 VICT. c. 53. 141 (2.) The library authority (a.) may also appoint salaried officers and servants, and dismiss them, and make regulations (c) for the safety and use of every library, museum, gallery, and school under their control, and for the admission of the public thereto, (d) (3.) Provided that a library authority (a) being an urban authority (e) may if they think fit appoint a committee and delegate to it all or any of their powers and duties under this section, (/) and the said committee shall to the extent of such delegation be deemed to be the library authority. Persons appointed to be members of the committee need not be members of the urban authority. () in the district and of the Charity Commissioners make the like agreement with the governing body of any library established or maintained out of funds subject to the jurisdiction of the Charity Commissioners, and situate in or near the library district ; And, in case of inability, objection, or failure on the part of the governing body to enter into such agreement, the Charity Commissioners may, if they think fit, become party to the agreement on behalf of the governing body. (/) (3.) This section shall apply, with the necessary modifica- tions, to a museum, school for science, art gallery, or school for art in like manner as to a library, (ff) (a) These powers will apply to Parish Councils which supersede Com- missioners. The provisions of the " Local Government Act, 1894," should be consulted. The Section does not apply to Urban Districts or the City of London ; but see now the " Public Libraries Amendment Act, 1893 (56 Viet. 11, 4). It is doubtful whether it applies to Metropolitan Districts or not. See particularly 22 (4). The requirement of the repealed Section, that the Parishes should be " adjoining," is omitted. (6) See 3 (c). (c) The repealed 3 of the Act of 1889 was limited to Libraries. Sub-section 3 of this Section is, therefore, of great importance, and should be noted. (d) Section 9 authorises " Vestries " of neiqlibouring Parishes to combine. This Section authorises " Commissioners " to amalgamate. It is not stipulated that the Parishes should be even "neighbouring," nor is any limit fixed here upon the number of Commissioners to be appointed from each Parish as in 9. The side note is misleading, as only Library Authorities in Parishes may exercise the power under Sub-section 1. (But see note (a).) It is to be observed that 18 (3) provides that in a Parish annexed to a Library District (i.e. under 10) the expenses do not require the sanction PART IV STATUTES 55 & 56 VICT. c. 53. 143 of the Vestry. And this applies to a combination of Parishes under 9. {See 18 (2).) Expenses under agreements within this Sub-section would appear to require the sanction of the Vestry as well as the voters ( 18 (2)) ; but probably compliance with the " Local Government Act, 1894," at the Parish Meeting will obviate any difficulty. (e) This Sub-section is taken from 7 of the repealed Act of 1890. It is not limited, like the preceding Sub-section, to Parishes. (/) The words in brackets are an important addition to the Act of 1890. As to the adjustment of interests on the termination of an agreement, see 24. (g) Sub-section 3 is new. It is conceivable that it may have a considerable effect in broadening the work of existing Library Authorities, especially where aid is sought from public funds applicable to technical education. 17. Where a library authority (a) accepts a grant out of Power to money provided by Parliament from the Department of authonty Science and Art (b) towards the purchase of the site, or the to accept erection, enlargement, or repair of any school for science and art, or school for science, or school for art, or of the residence of a teacher in any such school, or towards the furnishing of any such school, that authority may accept the grant upon the conditions prescribed by the Department of Science and Art. and may execute any instruments required by that Department for carrying into effect those conditions, and upon payment of the grant shall be bound by such con- ditions and instruments, and have power and be bound to fulfil and observe the same, (c) (a) See 4. As to the City of London, 21, and the Metropolis, 22. (b) In 1 of the Act of 1884, on which this Section is based, the Edu- cation Department was named instead of the Department of Science and Art. The effect, however, is the same. (c) For the conditions on which grants are made, see the Directory of the Science and Art Department, published annually, price Sixpence (Eyre & Spottiswoode). Financial Provisions. 18. (1 .) The expenses incurred in a library district (a) in and Expenses incidental to the execution of this Act, including- all expenses of I?! 7 ,. .,, , . . ,, '. . p 6 " . authority in connection with ascertaining the opinion of the voters in how the district, (b) may be defrayed : defrayed, (a) Where the library district is a municipal borough out of the borough fund or borough rate, or a separate rate to be made, assessed, and levied in like manner as the borough rate ; (c) and (/>) Where the library district is an urban district other than a borough, (d) out of the rate applicable to the general expenses incurred in the execution of the Public Health 144 BOOK I LIB11AKIES AND MUSEUMS. Acts, (e) or a separate rate to be made, assessed, and levied in like manner as the rateso applicable ; (c) QJO^ (c) Where the library district is a parish, out of a rate to be raised with and as part of the poor rate, (c) subject, however, to this qualification, that every person assessed to the poor rate in the said parish in respect of lands used as arable, meadow, or pasture ground only, or as woodlands or market gardens, or nursery grounds, shall be entitled to an allowance of two-thirds of the sum assessed upon him in respect of those lands for the purposes of this Act.(/) (2.) Where the library district is a parish, and is not com- bined with any other parish () shall be the library authority, (c) London. (2.) The opinion of the voters in the city of London with respect to any question under this Act (d) shall be ascertained by the mayor on the requisition of the Common Council. (?) (3.) The expenses incurred in the city of London in and incidental to the execution of this Act, including all expenses in connection with ascertaining the opinion of the voters, shall be defrayed out of the consolidated rate levied by the Commissioners of Sewers, or a separate rate to be made, assessed, and levied by those commissioners in like manner as the consolidated rate. (/) (4.) So much of this Act as limits the rate or addition to a rate to be levied in any library district for any one financial year to one penny in the pound shall not extend to the city of London, (g) (a) See 1 (2). (b) See definition in 27. (c) See 4. And as such Library Authority the Common Council will have the powers and be subject to the duties specified with regard to Library Authorities generally (subject to the provisions of this Section), but not to such as relate to Parishes. (d) See 3. (e) Note that voters cannot requisition the chairman of the Authority to take a poll, as in other Library Districts, the power being limited to the Common Council itself. (/ ) See 18 as to expenses in other Districts. (g) The adoption of the Act may, therefore, be without any rating limit, and, unless the Common Council in the requisition desires the opinion of the voters to be taken on any suggested limitation, the Lord Mayor has no power to put any question with respect thereto ( 3 (2)) ; but there is nothing to prevent the Common Council from suggesting any limit it thinks desirable. 148 BOOK I.-LIBEAEIES AND MUSEUMS. Power for 22. Every district mentioned in Schedule (B) to the London to "Metropolis Management Act, 1855," as amended by any adopt Act. subsequent Acts, (a) shall be a library district, (b) and the pro- 120 visions of this Act shall apply accordingly with the following modifications : (1.) The opinion of the voters in any such district with respect to any question under this Act (c) shall be ascer- tained by the district board on the requisition in writing of any ten or more of such voters : (2.) The library authority for such district shall be com- missioners appointed by the district board, (d) and the provisions of this Act relating to commissioners appointed for a parish shall apply with the substitution of "district" for "parish" and of "district board" for " vestry " : (e) (3.) The expenses incurred in any such district in and incidental to the execution of this Act, including all expenses in connection with ascertaining the opinion of the voters, shall to such amount as is sanctioned by the district board (/) be defrayed by that board in like manner as if they had been incurred for the general purposes of the "Metropolis Management Act, 1855," and the sums from time to time required for defraying those expenses, to the extent so sanctioned, shall be paid by the district board to any person appointed by the commissioners to receive the same ; but nothing in this enactment shall enable a district board to levy (V/) for the purposes of this Act any greater sum in any financial year than the amount produced by a rate of one penny in the pound, or any less rate specially fixed for the purpose of this Act in the district : (6) (4.) The enactments authorising two or more neighbouring parishes to combine in carrying this Act into execution shall have effect as if any such district were included in the term " parish " and the district board of such district in the term " vestry " : (h) (5.) Where a parish in any such district has adopted the Acts hereby repealed or any of them, or hereafter adopts this Act, (i) it shall be treated in all respects for the purposes of this Act as if it were outside the district, and, in particular, (a) a person shall not, by reason of being a voter in the parish, be accounted for the purposes of this section as a voter in the district ; and PART IV STATUTES. 55 & 56 VICT c. 53. 149 (6) a representative of the parish on the district board shall not take part in any proceeding on the board under this section ; and (c) the parish shall not be called on to contribute to the payment of any expenses incurred in pursuance of this section ; and (d) any question of accounts arising between the parish and the other parishes in the district, or between the parish and the district, in consequence of this section, shall be decided finally by the Local Government Board : (6.) After the adoption of this Act for any such district, proceedings shall not, except with the sanction of the Local Government Board, be taken for the separate adoption thereof for any parish in the district, (i) (a) The following is the list of Districts mentioned in Schedule (B) : Parishes united into Districts for the purposes of the Act. Whitechapel District : St. Mary, Whitechapel ; Christchurch, Spital- fields ; St. Botolph, without Aldgate, in the County of Middlesex ; Holy Trinity, Minories ; St. Katherine, precinct of ; Mile End, New Town, Hamlet of ; Liberty of Norton Folgate ; Old Artillery Ground ; Tower, District of. Westminster District : St. Margaret ; St. John the Evangelist. Greenwich District : St. Paul, Deptford, including Hatcham ; Hatcham ; St. Nicholas, Deptford ; Greenwich. Wandsworth District : Clapham ; Tooting Graveney ; Streatham ; St. Mary, Battersea, excluding Penge ; Wandsworth ; Putney, including Boe- hampton. Hackney District : Hackney ; St. Mary, Stoke Newington. St. Giles District : St. Giles-in-the-Fields ; St. George, Bloomsbury. Holborn District : St. Andrew, Holborn above Bars ; St. George the Martyr ; St. Sepulchre, in the County of Middlesex ; Saffron Hill, Hatton Garden ; Ely Bents and Ely Place ; The Liberty of Glasshouse Yard. Strand District : St. Anne, Soho ; St. Paul, Covent Garden ; St. John the Baptist, Savoy, or precinct of the Savoy ; St. Mary-le-Strand ; St. Clement Danes ; Liberty of the Bolls. Fulham District : St. Peter and St. Paul, Hammersmith ; Fulham. Limehouse District : St. Anne, Limehouse ; St. John, Wapping ; St. Paul, Shadwell ; Batcliffe, Hamlet of. Poplar District: All Saints, Poplar; St. Mary, Stratford-le-Bow ; St. Leonard, Bromley. St. Saviour's District : Christ Church; St. Saviour (including the Liberty of the Clink). Plumstead District : Charlton, next Woolwich ; Plumstead ; Eltham ; Lee ; Kidbrooke. Lewisham District : Lewisham, including Sydenham ; Chapelry ; Hamlet of Penge. St. Olave District: St. Olave; St. Thomas, Southwark ; St. John, Horsleydown. 150 BOOK I LIBRAKIES AND MUSEUMS. Power to vestry or district board in London to appro- priate land for library, etc. (b) See 1. The limitations on expenditure provided in 2 will apply ; and see Sub-section 3 of this Section. (c) See 3. The District Board will in a Metropolitan District be the Authority referred to in that Section. (d) Not the Vestry. And as such Library Authority the Commissioners will have all the powers applicable to Library Authorities generally (see 4, 11, as to the provision of Libraries, etc. ; 15, as to manage- ment ; 18, as to expenses ; 19, as to borrowing ; and 20, as to accounts). 23 post will apply in lieu of 12 as to the appropriation of land. (e) See 5 as to the constitution of Commissioners; 6, as to rota- tion ; 7, as to meetings ; 8, as to proceedings ; 16, as to agreements for the joint use of a Library. 10 (power to annex Parish to adjoining District), does not appear to apply to a Metropolitan District, as the pro- visions made applicable by this Sub-section are limited to those which relate to " Commissioners " (see note h). 9 (combination of Parishes), applies (see Sub-section 4 of this Section). (/) This corresponds with the provisions as to a Parish (see 18). If the District is "combined" with another under Sub-section 4 and 9, the District Board's veto will still apply. But it is very doubtful whether the power to annex a District to another Library District (under 10) applies (see note h). If it does not, the saving in 18 (3) does not apply to such a Metropolitan District (see the notes to 18). (g) The words " or expend " are omitted. (h) See 9 and 18, and particularly 18 (2). There is no direct incor- poration of 10 (power to annex Parish to adjoining District), and, as before pointed out, it is very doubtful whether this power extends to Metro- politan Districts. The only provision which appears to warrant the con- clusion that 10 is incorporated is that in Sub-section 2, which enacts that the provisions of this Act relatitig to Commissioners shall apply. It is submitted that 10 is not a provision "relating to Commissioners" within this Section, like 5 to 8. Certainly it authorises the Vestry to appoint Commissioners, but so does Section 9 ; and if this submission be inaccurate, there was no necessity for the Sub-section 4 now under com- ment, as 9 would be one " relating to Commissioners," and would be incorporated by Sub-section 2. (i) The Act may be adopted for a Parish in the Metropolis unless the District in which the Parish is situated has adopted it (see Sub-section 6). The legislation on this subject has been very confusing. 11 of the Act of 1887 corresponded in effect with Sub-section 6, but it was repealed by the Act of 1890 (Schedule II.). 23. The vestry (a) or district board constituted under the " Metropolis Management Act, 1855," for any parish mentioned in Schedule (A) (b) or district mentioned in Schedule (B) (c) to that Act, as amended by any subsequent Acts, may, if this Act is in force in such parish or district, appropriate with the sanction of the Local Government Board for the purposes of this Act any land (d) which is vested in such vestry or board, (e) (a) See 26 as to constitution of Vestry. (b) The following is the list of Parishes in Schedule (A) : St. Marylebone ; St. Pancras ; Lambeth ; St. George, Hanover Square ; St. Mary, Islington ; St. Leonard, Shoreditch ; Paddington ; St. Matthew, PART IV STATUTES. 55 & 56 VICT. c. 63. 151 Bethnal Green ; St. Mary, Newington, Surrey ; Camberwell ; St. James, Westminster ; Chelsea ; St. James and St. John, Clerkenwell, to be con- sidered as one Parish ; Kensington, St. Mary Abbott ; St. Luke, Middlesex ; St. George the Martyr, Southwark ; Berniondsey ; St. George-in-the-East ; St. Martin-in-the-Fields ; Hamlet of Mile End, Old Town; Woolwich; Botherhithe ; St. John, Hampstead. (c) See 22, note (a), for the list. d) Land includes buildings (see 11, note d). See 12 (2) as to appropriation of sites in Urban Districts. Supplemental Provisions. 24. Any agreement under this Act between two or more Adjust- vestries (a) or library authorities, (ft) or between a library tg * e ^ 8 authority and any other body, (c) may provide that on the on termi- termination of the agreement an adjustment shall be made natlonof . J , . agreement. of the interests or the several parties thereto in any property to the provision of which they have contributed, and as to the mode in which the adjustment shall be arrived at, (d) and in the event of any dispute the adjustment shall on the application of any of the parties be made by an arbitrator appointed by the Local Government Board. (a) See 26 as to the constitution of Vestries. (b) See 9, 10, and 16 respectively. (c) The words " or between a Library Authority and any other body " are new. Qiuere, Do they cover agreements between Library Authorities and individuals ? Probably they apply to agreements under 13. (d) This provision follows that in 3 of the Act of 1889 [repealed]. The words which follow are new. 25. Nothing in this Act shall interfere with the operation Saving for of the Act of the session of the 28th and 29th years of the Oxford ' reign of Her present Majesty, chapter 108, so far as it relates to the collection of a rate for a public library in Oxford. 26. For the purposes of this Act the vestry of a parish Constitu- shall be any body of persons acting by virtue of any Act of tl " c ^ Parliament as or instead of a vestry, and, where there is no ings of such body, shall be the inhabitants of the parish in vestry vestry s e r assembled, but in the latter case the persons registered as of Act. county electors in respect of the occupation of property situate in the parish, and no other persons, shall be members of the vestry, (a) (a) The Act of 1890 provided that all references to " Vestries " should be construed as references to the voters. This Section must now be read (at Any rate so far as regards Rural Parishes) subject to the provisions of the Jl Local Government Act, 1894." (See particularly 7 (3).) 152 BOOK I LIBRARIES AND MUSEUMS. Defini- tions. Repeal. Saving as to local Acts. Com- mence- ment. Short title. 27. In this Act, unless the context otherwise requires, The expression " urban district " means a municipal borough, Improvement Act district, or local government district ; and " urban authority " means, as regards each such district, the council, improvement commissioners, or local board : The expression " financial year " means the period of twelve months for which the accounts of a library authority are made up : The expression " voter " means a person who is registered as a county elector or enrolled as a burgess in respect of the occupation of property situate in the district or parish in connection with which the voter is mentioned : The expression " overseers " includes any persons authorised and require*} to make and levy poor rates in a parish, and acting instead of overseers : The expression " common council " means in relation to the city of London the mayor, commonalty, and citizens, acting by the mayor, aldermen, and commons in common council assembled, (a) (a) For definition of " Library District," see 1 (2) ; of "Library Autho- rity," 4 ; and " Vestry," 26. 28. (1.) The Acts mentioned in the Second Schedule to this Act shall be repealed as from the commencement of this Act, save so far as any of them extend beyond England and Wales ; and where those Acts have been adopted for any library district, that adoption shall be deemed to have been an adoption of this Act, and this Act shall apply accordingly. (2.) For the purpose of this section the said Acts shall be deemed to have been adopted for any district in which they were in force immediately before the commencement of this Act. 29. Nothing in this Act shall be deemed to limit, or to reduce or alter the limit of any rate which any library authority is authorised to levy under or by virtue of any local Act. 30. This Act shall come into operation on the first day of October next after the passing thereof. 31 This Act may be cited as the " Public Libraries Act r 1892." PART IV STATUTES. 55 & 56 VICT. c. 53. SCHEDULES. FIRST SCHEDULE, (a) Regulations /or Ascertaining the Opinion of the Voters in a Library District. (a) These regulations now apply only to Metropolitan Districts and Parishes. They were repealed as regards Urban Districts by the " Public Libraries Act, 1893 " (56 Viet. 11, 2 (2)) ; and as regards Rural Parishes by the " Local Government Act, 1894 " (56 & 57 Viet. 73, 7 (1)). In these regulations the expression " presiding officer " means, in relation to any Library District, the Authority required under this Act to ascertain the opinion of the voters in that District on any question, (a) or a person appointed by that Authority, (6) and that Authority is referred to in these regulations as the "District Authority." PART I. PROCEDURE BY VOTING PAPERS. 1 . The District Authority () shall, before the day appointed for the issuing of the voting papers, provide the presiding officer (c) with a copy of the \Tntrge$ roll, or] county register [a.s the case may 6e], or of the part or parts thereof containing the names of all the voters (rf) in the Library District. 2. On the day appointed for issuing the voting papers the presiding officer shall send by post, or cause to be delivered to every voter, at his address appearing in the roll, or register, a voting paper in the form contained in Part II. of this Schedule, or to the like effect. 3. Every voting paper shall bear the number of the voter on the roll, or register, as the case may be, and shall contain directions to the voter, in accordance with these regulations, as to the day on which, and the hours within which, the voting paper is to be collected or sent, and as to the place at which, if sent, it will be received. 4. The District Authority shall, before the issue of the voting papers, appoint such a number of competent persons as may be necessary to collect and receive the voting papers, and to assist in the scrutiny thereof, on such terms and for such remuneration as may be reasonable, and shall alsa 154 BOOK I. LIBRARIES AND MUSEUMS. appoint a convenient place within the District at which the voting papers are to be received ; but the District Authority shall not be required to collect any voting papers which have been sent by them to addresses beyond the limits of the District, (e) 5. Voting papers shall be collected between 8 A.M. and 8 P.M. of the third day after that on which they were issued. (/) Such day is hereinafter in these regulations referred to as the polling day, and such last-mentioned hour is hereinafter referred to as the " conclusion of the poll." 6. A voting paper shall not, after collection, be delivered up to any person except the presiding officer, or a person appointed to receive voting papers. 7. The persons appointed to collect the voting papers shall, either before or as soon as may be after the conclusion of the poll, deliver the voting papers collected by them to the presiding officer or to a person appointed to receive the same. 8. A voting paper may be sent by prepaid post or by hand to the presiding officer at the place appointed by the District Authority for the receipt thereof, so that it be received by the presiding officer at such appointed place before the conclusion of the poll. Voting papers, except those collected by persons appointed by the District Authority, shall not be received at the appointed place after the conclu- sion of the poll. 9. Every person appointed to collect voting papers shall be appointed in writing ( i s h meeting, incur expenses or liabilities which will involve a rate exceeding threepence in the pound for any local financial year, or which will involve a loan. (a) (2.) A parish council shall not, without the approval of the county council, incur any expense or liability which will involve a loan.(fe) (3.) The sum raised in any local financial year by a parish council for their expenses (other than expenses under the adoptive Acts) shall not exceed a sum equal to a rate of six- pence in the pound on the rateable value of the parish at the commencement of the year, and for the purpose of this enact- ment the expression'" expenses " includes any annual charge, whether of principal or interest, in respect of any loan. (4.) Subject to the provisions of this Act, the expenses of a parish council and of a parish meeting, including the expenses of any poll,(c) shall be paid out of the poor rate; and where there is a parish council that council shall pay the said expenses of the parish meeting of the parish ; and the parish council, and where there is no parish council the chairman of the parish meeting, shall, for the purpose of obtaining pay- ment of such expenses, have the same powers as a board of guardians have for the purpose of obtaining contributions to their common fund. (5.) The demand note for any rate levied for defraying the expenses of a parish council or a parish meeting, together with other expenses, shall state in the prescribed form the proportion of the rate levied for the expenses of the council or meeting, and the proportion (if any) levied for the purpose of any of the adoptive Acts. (a) But the rate for Library purposes must not exceed the limit fixed on the adoption of the Act, and in any case not more than a penny in the pound (55 & 56 Viet. 53, 2). (b) This provision would seem to apply to loans for Library purposes, but see 19 of the "Public Libraries Act, 1892." (c) See 18 of the "Public Libraries Act, 1892." Borrowing 12. H .) A parish council for any of the following purposes, by Parish , , , . , Council. that is to say PART IV STATUTES 56 & 57 VICT. c. 73. 165 (a) for purchasing any land, or building any buildings, which the council are authorised to purchase or build ; and (/>) for any purpose for which the council are authorised to borrow under any of the adoptive Acts ; (a) and (c) for any permanent work or other thing which the council are authorised to execute or do, and the cost of which ought, in the opinion of the county council and the Local Government Board, to be spread over a term of years ; may, with the consent of the county council and the Local Government Board, borrow money in like manner and subject to the like conditions as a local authority may borrow for defraying expenses incurred in the execution of the "Public Health Acts," and 233, 234, and 236 to 239 of the "Public Health Act, 1875," shall apply accordingly, except that the money shall be borrowed on the security of the poor rate and of the whole or part of the revenues of the parish council, and except that, as respects the limit of the sum to be borrowed, one half of the assessable value shall be substi- tuted for the assessable value for two years. (2.) A county council may lend to a parish council any money which the parish council are authorised to borrow, and may, if necessary, without the sanction of the Local Government Board, and irrespectively of any limit of borrow- ing, raise the money by loan, subject to the like conditions and in the like manner as any other loan for the execution of their duties, and subject to any further conditions which the Local Government Board may by general or special order impose. (3.) A parish council shall not borrow for the purposes of any of the adoptive Acts otherwise than in accordance with this Act, but the charge for the purpose of any of the adoptive Acts shall ultimately be on the rate applicable to the purposes of that Act. (a) See 19 of the "Public Libraries Act, 1892." 19. In a rural parish not having a separate parish council, Provision I.T- f it i n c ii L 3 j as to small the following provisions shall, as from the appointed day, par ishes but subject to provisions made by a grouping order, if the parish is grouped with some other parish or parishes, have effect : (3.) The parish meeting may appoint a committee of their own number for any purposes (a) which, in the opinion of 166 BOOK I. LIBRARIES AND MUSEUMS. the parish meeting, would be better regulated and managed by means of such a committee, and all the acts of the committee shall be submitted to the parish meeting for their approval ; (4.) All powers, duties, and liabilities of the vestry shall, except so far as they relate to the affairs of the Church or to ecclesiastical charities, or are transferred by this Act to any other authority, be transferred to the parish meeting ; (/>) (6.) The chairman of the parish meeting and the overseers of the parish shall be a body corporate by the name of the chairman and overseers of the parish, and shall have perpetual succession, and may hold land for the purposes of the parish without licence in mortmain ; but shall in all respects act in manner directed by the parish meet- ing, and any act of such body corporate shall be executed under the hands, or if an instrument under seal is re- quired under the hands and seals, of the said chairman and overseers ; (7.) The legal interest in all property which under this Act would, if there were a parish council, be vested on the appointed day in the parish council shall vest in the said body corporate of the chairman and overseers of the parish, subject to all trusts and liabilities affecting the same, and all persons concerned shall make or concur in making such transfers (if any) as are requisite to give effect to this enactment ; (c) (9.) A rate levied for defraying the expenses of the parish meeting (when added to expenses under any of the adoptive Acts) shall not exceed sixpence in the pound in any local financial year.(cZ) (a) This may include the management of the Public Library after the adoption of the Act, but the requirement that the Committee's proceedings shall be approved by the Parish Meeting might be a hindrance, and the appointment of Commissioners under 5 of the " Public Libraries Act, 1892," seems to be the preferable course to follow in small Rural Parishes. (b) See 5 of "Public Libraries Act, 1892." (c) Does this extend to a Public Library already established in a Rural Parish ? (d) The Library rate must not exceed the limit fixed by the Parish Meeting, and in any case not more than a penny in the pound. Power to 33 (1.) The Local Government Board may, on the appli- certain cation of the council of any municipal borough, including a provisions county borough, or of any other urban district, make an order conferring on that council or some other representative body PART IV. STATUTES 56 & 57 VICT. c. 73. 167 within the borough or district, all or any of the following urban dis- matters, namely, the appointment of overseers and assistant London' 1 ' 1 overseers, the revocation of appointment of assistant overseers, any powers, duties, or liabilities of overseers, and any powers, duties, or liabilities of a parish council, and applying with the necessary modifications the provisions of this Act with reference thereto. (3.) Any order under this section may provide for its operation extending either to the whole or to specified parts of the area of the borough or urban district, and may make such provisions as seem necessary for carrying the order into effect. (4.) The order shall not alter the incidence of any rate, and shall make such provisions as may seem necessary and just for the preservation of the existing interests of paid officers. (5.) An order under this section may also be made on the application of any representative body within a borough or district. (6.) The provisions of this section respecting councils of urban districts shall apply to the administrative county of London in like manner as if the district of each sanitary authority in that county were an urban district, and the sanitary authority were the council of that district, (a) (a) This sub-section empowers the Local Government Board to vest the Management of Public Libraries in Metropolitan Vestries, who would then be under no necessity to appoint Library Commissioners, since the control of the Public Library is part of the "powers, duties, or liabilities of a Parish Council" (56 &57 Viet. 73, 7 (5, 7).) 48. (3.) At every election regulated by rules framed under Supple- this Act, the poll shall be taken by ballot, and the " Ballot p^SLs Act, 1872," and the "Municipal Elections (Corrupt and as to Illegal Practices) Act, 1884," and sections 74 and 75 and p^Tnd Part IV. of the ''Municipal Corporations Act, 1882," as tenure of amended by the last-mentioned Act (including the penal office - provisions of those Acts) shall, subject to adaptations, altera- tions, and exceptions made by such rules, apply in like manner as in the case of a municipal election. Provided that (a) 6 of the " Ballot Act, 1872," shall apply in the case of such elections, and the returning officer may, in addition to using the schools and public rooms therein referred to free of charge, for taking the poll, use the 168 BOOK I. LIBRARIES AND MUSEUMS. same, free of charge, for hearing objections to nomination papers and for counting votes ; and (b) 37 of the " Municipal Elections (Corrupt and Illegal Practices) Act, 1884," shall apply as if the election were an election mentioned in the First Schedule to that Act. (6.) Any ballot boxes, fittings, and compartments provided by or belonging to any public authority for any election (whether parliamentary, county council, municipal, school board, or other), shall, on request, and if not required for immediate use by the said authority, be lent to the returning officer for an election under this Act, upon such conditions and either free of charge or, except in the prescribed cases, for such reasonable charge as may be prescribed. (7.) The expenses of any election under this Act shall not exceed the scale fixed by the county council, and if at the beginning of one month before the first election under this Act a county council have not framed any such scale for their county, the Local Government Board may frame a scale for the county, and the scale so framed shall apply to the first election, and shall have effect as if it had been made by the county council, but shall not be alterable until after the first election. (8.) This section shall, subject to any adaptations made by the said rules, apply in the case of every poll, consequent on a parish meeting, as if it were a poll for the election of parish councillors. (a) (a) 7 (2) provides for the adoption of the " Public Libraries Act, 1892," by a poll, and this matter has been dealt with on a previous page. 52. (1.) Any power which may be exercised, and any consent which may be given by the owners and ratepayers of a parish or by the majority of them under any of the Acts relating to the relief of the poor or under the School Sites Acts or the Literary and Scientific Institutions Act, 1854, so far as respects the dealing with parish property or the spend- ing of money or raising of a rate may, in the case of a rural parish, be exercised or given by the parish meeting of the parish. 53. (1.) Where on the appointed day any of the adoptive Acts is in force in a part only of a rural parish, the existing authority under the Act, or the parish meeting for that part, may transfer the powers, duties, and liabilities of the authority to the parish council, subject to any conditions with respect PART IV STATUTES 56 & 57 VICT. c. 73. 169 to the execution thereof by means of a committee as to the authority or parish meeting may seem fit, and any such con- ditions may be altered by any such parish meeting. (2.) If the area on the appointed day under any authority under any of the adoptive Acts will not after that day be comprised within one rural parish, the powers and duties of the authority shall be transferred to the parish councils of the rural parishes wholly or partly comprised in that area, or, if the area is partly comprised in an urban district, to those parish councils and the district council of the urban district, and shall, until other provision is made in pursuance of this Act, be exercised by a joint committee appointed by those councils. Where any such rural parish has not a parish council the parish meeting shall, for the purposes of this provision, be substituted for the parish council. (3.) The property, debts, and liabilities of any authority under any of the adoptive Acts whose powers are transferred in pursuance of this Act shall continue to be the property, debts, and liabilities of the area of that authority, and the proceeds of the property shall be credited, and the debts and liabilities and the expenses incurred in respect of the said powers, duties, and liabilities, shall be charged to the account of the rates or contributions levied in that area, and where that area is situate in more than one parish the sums credited to and paid by each parish shall be apportioned in such manner as to give effect to this enactment. (4.) The county council on the application of a parish council may, by order, alter the boundaries of any such area if they consider that the alteration can properly be made without any undue alteration of the incidence of liability to rates and contributions or of the right to property belonging to the area, regard being had to any corresponding advantage to persons subject to the liability or entitled to the right. 56. (1.) A parish or district council may appoint com- Com- mittees (a) consisting either wholly or partly of members of j^i s e h or the council, for the exercise of any powers which, in the district opinion of the council, can be properly exercised by com- c mittees, but a committee shall not hold office beyond the next annual meeting of the council, and the acts of every such committee shall be submitted to the council for their ap- proval. Provided that where a committee is appointed by any district council for any of the purposes of the Public Health Acts or Highway Acts, the council may authorise the com- 170 BOOK I. LIBKARIES AND MUSEUMS. mittee to institute any proceeding or do any act which the council might have instituted or done for that purpose other than the raising of any loan or the making of any rate or contract. (2.) Where a parish council have any powers and duties which are to be exercised in a part only of the parish, or in relation to a recreation ground, building, or property held for the benefit of a part of a parish, and the part has a defined boundary, the parish council shall, if required by a parish meeting held for that part, appoint annually to exercise such powers and duties a committee consisting partly of members of the council and partly of other persons representing the said part of the parish. (3.) With respect to committees of parish and district councils the provisions in the First Schedule to this Act shall have effect, (a) (4.) This section shall not apply to the council of a borough, (b) (a) 15 (3) of the " Public Libraries Act, 1892," authorises the appoint- ment of a Library Committee in a Borough or other Urban District. (See p. 141, ante.) (b) For the full text of the Act see Chambers's Popular Summary, already mentioned. Joint com- 57. (1.) A parish or district council may concur with any mittees. other parish or district council or councils in appointing out of their respective bodies a joint committee for any purpose in respect of which they are jointly interested, and in con- ferring, with or without conditions or restrictions, on any such committee any powers which the appointing council might exercise if the purpose related exclusively to their own parish or district. (2.) Provided that a council shall not delegate to any such committee any power to borrow money or make any rate. (3.) A joint committee appointed under this section shall not hold office beyond the expiration of fourteen days after the next annual meeting of any of the councils who appointed it. (4.) The costs of a joint committee under this section shall be defrayed by the councils by whom it is appointed in such proportions as they may agree upon, or as may be determined in case of difference by the county council. (5.) Where a parish council can under this Act be required to appoint a committee consisting partly of members of the PART IV STATUTES. 56 & 57 VICT. c. 73. 171 council and partly of other persons, that requirement may also be made in the case of a joint committee, and shall be duly complied with by the parish councils concerned at the time of the appointment of such committee. (a) (a) The power contained in this section is supplemental to the powers of the Public Libraries Acts for the " combination " of Library Districts or the " annexation " of one district to another, and may be useful. (See 9 and 10 of 55 & 56 Viet. 53, p. 136, ante). 58. (1.) The accounts of the receipts and payments of Audit of parish and district councils, and of parish meetings for ^strict 8 ' parishes not having parish councils, and their committees and parish and officers, shall be made up yearly to the thirty-first day ^ cl of March, or in the case of accounts which are required to be inspection, audited half-yearly, then half-yearly to the thirtieth day of September and the thirty-first day of March in each year, and in such form as the Local Government Board pre- scribe, (a) f (2.) The said accounts shall, except in the case of accounts audited by the auditors of a borough (but inclusive of the accounts of a joint committee appointed by a borough council with another council not being a borough council), be audited by a district auditor, and the enactments relating to audit by district auditors of accounts of urban sanitary authorities and their officers, and to all matters incidental thereto and consequential thereon, shall apply accordingly, except that in the case of the accounts of rural district councils, their com- mittees and officers, the audit shall be half-yearly instead of yearly. (3.) The Local Government Board may, with respect to any audit to which this section applies, make rules modi- fying the enactments as to publication of notice of the audit and of the abstract of accounts and the report of the auditor. (4.) Every parochial elector of a rural parish may, at all reasonable times, without payment, inspect and take copies of and extracts from all books, accounts, and documents belong- ing to or under the control of the parish council of the parish or parish meeting. (6) (5.) Every parochial elector of a parish in a rural district may, at all reasonable times, without payment, inspect and take copies of and extracts from all books, accounts, and documents belonging to or under the control of the district council of the district.(fr) 172 BOOK I. LIBRARIES AND MUSEUMS. (a) See 20 of 55 & 56 Viet. 53, p. 146, ante. (b) And see 20 (3) of 55 & 56 Viet. 53, p. 146, ante. Transfer of 67. Where any powers and duties are transferred by this ^nTd'bt ^ c ^ fr m one authority to another authority and (1.) All property held by the first authority for the purpose liabilities. or j-jy virtue of such powers and duties shall pass to and vest in the other authority, subject to all debts and liabilities affecting the same ; and (2.) The latter authority shall hold the same for the estate, interest, and purposes, and subject to the covenants, conditions, and restrictions for and subject to which the property would have been held if this Act had not passed, so far as the same are not modified by or in pursuance of this Act ; and (3.) All debts and liabilities of the first authority incurred by virtue of such powers and duties shall become debts and liabilities of the latter authority, and be defrayed out of ihe like property and funds out of which they would have been defrayed if this Act had not passed. (a) (a) See 7 (5, 7), p. 163. 19, p. 165. 33 (6), p. 167. SECOND SCHEDULE. ENACTMENTS REPEALED. " The Public Libraries Act, 1892 " (55 and 56 Viet. 53) ; Sub-section three of section one ; the First Schedule so far as it applies to rural parishes. 1894. [57 & 58 Viet.] Public Libraries (Scotland) Act, 1894. [c. 20] Law Reports Statutes, vol. xxxi. p. 34. 57 & 58 VlCT. 20. An Act to amend, the Public Libraries Consolidation (Scotland) Act, 1887.(a) [20th July, 1894. (a) This Act corresponds with the English Act of 1892, and reference may usefully be made to that Act for forms of Notice, Eesolutions, Advertisement, etc. These forms with a few consequential alterations will do for use in Scotland. BE it enacted, etc. : 1. This Act may be cited as the "Public Libraries Short title Suction. (Scotland) Act, 1894," and shall be construed as one with PAET IV. STATUTES. 57 & 58 VICT. c. 20. 173 the "Public Libraries Consolidation (Scotland) Act, 1887 " q & 51 (in this Act referred to as the principal Act), and these two Acts may be together cited as the " Public Libraries (Scot- land) Acts, 1887 and 1894." 2. (1.) In burghs the principal Act may be adopted by a Modifica- resolution of the magistrates and council of the burgh, and a'doption'of such resolution shall be substituted for a determination of principal the householders of the burgh in any case where such burghs, determination is required under the principal Act. (2.) 4, 5, and 6 of the principal Act are hereby repealed, so far as they relate to burghs. 3. (1.) A resolution under this Act shall be passed at a Provision meeting of the magistrates and council, and one month at resolution least before such meeting special notice thereof and of the of m agis- intentioii to propose such resolution shall be given to every council of person included in the collective expression " magistrates burgh for j 'i j .,! adoption. and council, either (a) in the mode in which notices to attend meetings of the magistrates and council are usually given; or, in the option of the chief magistrate, (6) by forwarding a notice by post in a prepaid letter addressed to the usual or last known place of abode of every person entitled to notice under this section. (2.) The resolution shall, after the passing thereof, be pub- lished at least once by advertisement in one or more news- papers circulating in the burgh, and shall come into operation at a time to be fixed in the resolution itself, being not less than one month after the publication or first publication of the advertisement thereof hereinbefore provided. (3.) A copy of the newspaper or newspapers containing the advertisement shall be conclusive evidence of the resolu- tion having been passed unless the contrary be shown ; and no objection to the effect of the resolution on the ground that notice of the intention to propose the same was not duly given, or on the ground that the resolution was not sufficiently published, shall be made after three months from the publica- tion or first publication of the advertisement. 174 BOOK I. LIBRARIES AND MUSEUMS. 1894. [57 & 58 Viet.] Public Libraries (Ireland) Act, 1894. [c. 38] 57 & 58 VICT. 38. Law An Act to amend the Public Libraries (Ireland) Acts. , > 1894 - vol. xxxi. BE it enacted, etc. p. 90. Adoption of Act and Constitution of Library Authority, Proceed- 1. (1 .) The " Public Libraries Act (Ireland) , 1 855 " (in this m % a t f Ac ^ re f erre d to as the principal Act) , may be adopted in any of Act. urban district, and the limitation of the maximum rate to be levied for the purposes thereof may, within the limits fixed thereby, be fixed, raised, and removed by a resolution of the urban authority, or by such other means as is provided by this Act. Provided, however, that in case the urban authority should fail to pass a resolution adopting the said Act, such failure shall not prejudice the right by this Act given to voters to have their opinion ascertained in the manner by this Act provided, (a) (i.) Such resolution shall be passed at a meeting of the authority, and one month at least before the meeting special notice of the meeting and of the intention to propose the resolution shall be given to every member of the authority, and the notice shall be deemed to have been duly given to a member of it if it is either (a) Given in the mode in which notices to attend meetings of the authority are usually given ; or (b) Where thei*e is no such mode, then signed by the clerk of the authority, and delivered to the member, or left at his usual or last known place of abode in Ireland, or forwarded by post in a prepaid letter, addressed to the member at his usual or last known place of abode in Ireland. (ii.) The resolution shall be published by advertisement in some one or more newspapers circulating within the district of the authority, and by causing notice thereof to be posted at the place heretofore used for posting public notices outside every church and chapel within the district, and otherwise in such manner as the authority think sufficient for giving notice thereof to all persons PART. IV. STATUTES. 57 & 58 VICT. c. 38. 175 interested, and shall come into operation at such time, not less than one month after the first publication of the advertisement of the resolution, as the authority may by the resolution fix. (iii.) A copy of the resolution shall be sent to the Local Government Board. (iv.) A copy of the advertisement shall be conclusive evidence of the resolution having been passed, unless the contrary be shown ; and no objection to the effect of the resolution, on the ground that notice of the intention to propose the same was not duly given, or on the ground that the resolution was not sufficiently published, shall be made after three months from the date of the first advertisement. (2.) Any 20 or more voters in an urban district, or the urban authority of the district, may address a requisition in writing in the prescribed form to the mayor or other chairman of the authority, requiring him to ascertain the opinion of the voters in the district with respect to the question or questions stated in the requisition. (3.) On receipt of the requisition the mayor or chairman shall proceed to ascertain by ballot the opinion of the voters with respect to the said question or questions, but shall not ascertain the opinion of the voters on any question with respect to the limitation of the rate unless required to do so by the requisition. (4.) Where no register of the voters exists the urban authority shall forthwith cause such register to be made for the purposes aforesaid. (5.) For the purpose of ascertaining the opinion of the voters, the "Ballot Act, 1872" (including the penal pro- visions of that Act), shall, subject to such alterations and adaptations (if any) as may be prescribed, apply in like manner as in the case of a municipal election. (6.) Any ballot boxes, fittings, and compartments provided by or belonging to any public authority for any election (whether parliamentary, municipal, or other) shall, on request, and if not required for immediate use by the said authority, be lent to the mayor or chairman of the urban authority, for a poll under this Act, upon such conditions, and either free of charge or, except in the prescribed cases, for such reason- able charge as may be prescribed. (7.) Every question so submitted to the voters shall be decided by the majority of answers to that question recorded 176 BOOK I. LIBEAEIES AND MUSEUMS. Provision for appoint- ment of commis- sioners. Power to two or more au- thorities to combine. on the valid ballot papers, and where the majority of those answers are in favour of the adoption of the principal Act the same shall forthwith, on the result of the poll being made public, be deemed to be adopted, and shall be carried into execution by the urban authority. (8.) Where the opinion of the voters in any district is ascertained upon the question as to the adoption of the principal Act, or upon a question as to the limitation of the rate, no further proceeding shall be taken for ascertaining the opinion of the voters until the expiration of one year at least from the day when the opinion of the voters was last ascertained, that is to say, the day on which the poll was taken. (9.) 4 of the principal Act is hereby repealed. (b) (a) This is not given in the English or Scotch Acts of 1893 and 1894. (b) The forms given on p. 160 may usefully be followed, making the consequential alterations. 2. (1.) If at any time after the expiration of six months from the taking of a poll in manner provided by this Act, where the majority of the answers were in favour of the adoption of the principal Act, the urban authority have not in the opinion of the Local Government Board taken proper or sufficient steps to carry the Act into execution, that Board may, if they think fit, upon the application in the prescribed manner of ten or more voters, appoint from among the voters five commissioners to carry the principal Act into execution. (2.) The commissioners so appointed shall have all the powers and perform all the duties conferred and imposed on the urban authority by the principal Act and the Acts amending the same, including this Act, subject to such alterations and adaptations as may be prescribed. They shall hold office for such time as the Local Government Board direct, and upon the expiration of their term of office the Board may either appoint their successors from among the voters or may by order empower the urban authority to carry the principal Act into execution. (3.) Any vacancy occurring among the said commissioners shall be filled by the Local Government Board from among the voters. 3. (1.) When the principal Act is adopted for two or more neighbouring districts, the authorities of those districts may by agreement combine for any period for carrying the PAET IV. STATUTES 57 & 58 VICT. c. 38. 177 Act into execution, and the expenses of carrying the Act into execution shall be defrayed by such authorities in such proportions as may be agreed on by them. (2.) For the purposes of this section, a joint committee may be formed, the members whereof shall be appointed by the several combining authorities in such proportions as may be agreed on, but need not be members of any of the com- bining authorities. Any such committee shall have such of the powers of an urban authority under the principal Act, except the power of borrowing money, as the combining authorities may agree to confer upon them. (3.) In the event of the combining authorities failing to agree as to the proportions in which the expenses of carrying the Act into execution are to be defrayed, or as to the proportions in which the members of a joint committee under this section are to be appointed, those proportions shall, on the application of any such authority, be determined by the Local Government Board. 4. An urban authority may, if they think fit, grant the Provision use of a lending library established under the principal Act to persons not being inhabitants of their district, either gratuitously or for payment. 5. An urban authority may let a house or building, or any Provision part thereof, or any land vested in them for the purposes of letting of the principal Act, or the Acts amending the same, including lami - this Act, which is not at the time of such letting required for those purposes, and shall apply the rents and profits thereof for the purposes of those Acts. 6. (1.) Any person holding land for public or charitable Power to purposes may, subject as hereinafter provided, grant or ^^ain convey, by way of gift, sale, or exchange, for any of the land for purposes of the principal Act, or the Acts amending the same, including this Act, any quantity of such land, not exceeding in any one case one acre, in any manner vested in such person. (2.) Provided that (a) charitable property shall not be so granted or conveyed without the consent of the Commissioners of Charitable Donations and Bequests for Ireland, and, in the case of land charged with the repayment of an advance made under the " Glebe Loan (Ireland) Acts," without the consent of the Commissioners of Public Works in Ireland ; and (b) the land taken in exchange or the money received for N 178 BOOK I LIBRAEIES AND MUSEUMS. Power to urban au- thorities to make agree- ments for use of library. Power to urban authority to accept parliamen- tary grant Expenses of Act. such sale shall be held on the same trusts as the land exchanged or sold. 7. (1 .) The urban authorities of any two or more districts for which this Act has been adopted may agree to share in such proportions and for such period as may be determined by the agreement the cost of the purchase, erection, repair, and maintenance of any library building situate in one of those districts, and also the cost of the purchase of books and newspapers for such library, and all other expenses connected with the same. (2.) The urban authority of any district may, with the consent of the Commissioners of Charitable Donations and Bequests for Ireland, or of the Commissioners of Endowed Schools in Ireland, as the case may be, make the like agree- ment with the governing body of any library established or maintained out of funds subject to the jurisdiction of either of the said Commissioners, and situate in or near the district. (3.) This section shall apply, with the necessary modifica- tions, to a museum, school for science, art gallery, or school for art in like manner as to a library. 8. Where an urban authority accepts a grant out of money provided by Parliament from the Department of Science and Art towards the purchase of the site, or the erection, enlarge- ment, or repair, of any school for science and art, or school for science, or school for art, or of the residence of a teacher in any such school, or towards the furnishing of any such school, that authority may accept the grant upon the con- ditions prescribed by the Department of Science and Art, and may execute any instruments required by that Department for carrying into effect those conditions, and upon payment of the grant shall be bound by such conditions and instru- ments, and have power and be bound to fulfil and observe the same. Financial Provisions. 9. (1.) The expenses incurred in and incidental to the execution of this Act shall be defrayed in manner provided by the principal Act with regard to the expenses of carrying that Act into execution. (2.) Where in any urban district a limit is by law imposed upon the rating power of the urban authority, it shall be lawful for such authority to impose and levy the rate authorised by the principal Act notwithstanding such limit. PART IV. STATUTES 57 & 58 VICT. c. 38. 179 Supplemental Provisions. 10. Any agreement under this Act between two or more urban authorities, or between an urban authority and any interests other body, may provide that on the termination of the on termi- agreement an adjustment shall be made of the interests of agreement, the several parties thereto in any property to the provision of which they have contributed, and as to the mode in which the adjustment shall be arrived at, and in the event of any dispute the adjustment shall, on the application of any of the parties, be made by an arbitrator appointed by the Local Government Board. 11. The Local Government Board may make rules for p 6 & 57 the Diocese, the Parochial Electors in Parish meeting, the Viet. 73, 52 ;L oca i Government Board, the Guardians of the Poor, or the Charity Commissioners, as the case may be, may severally be required to signify their approval of a grant. 17&18 (17.) Where a part only of lands subject to a rent under a Viet. 112, lease is conveyed, the rent and the fine payable upon the renewal of the lease may be apportioned. Provision is made as to the liabilities of tenants, and as to the remedies of land- lords in respect of lands not conveyed. 17 & 18 (18.) The Act contains a variety of minor provisions ' respecting conveyancing matters, of which it is not necessary to exhibit an abstract here, beyond mentioning that G9-74 PART I. DIGEST OF STATUTES. 193 and 78 of the "Lands Clauses Act, 1845," are incor- svict. 18. porated. (19.) The governing bodies of Institutions established 17 & is under the Act are invested with various powers and duties J^!^ 112 ' with respect to the mortgage or sale of the premises ; the vesting of property ; actions ; judgments ; By-Laws ; sub- scriptions of members ; and offences by members. Moreover, provision is made for alterations being brought about in the objects of Institutions ; for the amalgamation of Institutions ; and for the dissolution of Institutions. In the case of pro- posed alterations, the Board of Trade may interfere to review them, on the application of members aggrieved. (20.) The Act is to apply to every Institution for the time 17 . & 18 being established for the promotion of Science, Literature, 33 ' ' the Fine Arts, for Adult Instruction, the diffusion of Useful Knowledge, the foundation or maintenance of Libraries or Reading Rooms for general use among the members or open to the Public, of Public Museums and Galleries of paintings and other works of Art, collections of Natural History, Mechanical and Philosophical Inventions, Instruments, or Designs. The Royal Institution and the London Institution are expressly exempted. (21.) The "Companies Act, 1867," contains a clause so&si applying the principles of that Act and of the " Companies 2 s ' Act, 1862," to Associations formed for Art and Science, but which are not to be carried on for the pecuniary profit of its members. This enactment is coming into very general use for the purposes of Literary and Scientific Societies, pre- sumably for the reason that as the machinery of a trading company is available in great part for the working of Asso- ciations formed under it, special safeguards and securities are offered for the protection oif the members, especially in regard to the important matter of finance. (22.) The following is an outline of the Section of the Act so & si of 1867 just alluded to: An Association intended to be *' 131> formed as a Limited Liability Company under the Acts, and which can prove to the Board of Trade that its object is to promote Commerce, Art, Science, Religion, Charity, or any other useful purpose, and that its intention is to apply its profits solely for such purposes, and to pay no dividend to its members, may obtain from the Board of Trade a licence for registration without the addition to its name of the word " Limited " ; and after registration it shall enjoy all the privileges and incur all the obligations granted to and o 194 BOOK II LITERARY AND SCIENTIFIC INSTITUTIONS. imposed on Limited Companies, except that it shall not be required to use the word " Limited," or to publish its name, or send lists of its members or officials to the Registrar. The Board of Trade may impose conditions and require such conditions to be inserted in the Memorandum or Articles of Association, (a) si & 32 (23.) An Act passed in the year 1 8G8 gives greater facilities Viet. . f or ^0 acquisition of buildings and building sites by Societies or Bodies of persons associated together for Religious, Educa- tional, Literary, Scientific, or other charitable purposes. It a Geo. II. relaxed in favour of such objects some of the provisions of the 24 & 25 " Charitable Uses Act, 1 735," (6) and of the " Charitable Uses Viet. 9. Act, 1861 ." (c) The Act of 1868 was repealed by the " Mort- 51&52 main and Charitable Uses Act, 1888," with exception of one short section ; and that was subsequently repealed by the " Statute Law Revision Act, 1893." 35&S6 (24.) Another Act on this subject is the "Charitable Trustees Incorporation Act, 1872," the preamble of which recites that " it is expedient to facilitate the Incorporation of the Trustees of Charities established for Religious, Educa- tional, Literary, Scientific, or Public Charitable purposes, and to provide for the due protection and transmission of the property belonging to or vested in such Charities, or Trustees of such Charities, and to diminish the expense of enrolment " 29 & so under the " Charitable Trusts Act, 1866."(t) 35 C &36 (25.) The Trustees of any Charity for Religious, Educa- Vict. 24, i tional, Literary, Scientific, or Public Charitable purposes may apply to the Charity Commissioners for a Certificate of regis- tration of such Trustees as a Corporate Body. If the Com- missioners, having regard to the extent, nature, and objects and other circumstances of the Charity shall consider such Incorporation expedient they may grant a Certificate on such conditions as they think fit, relating to the qualifications and number of the Trustees, their tenure or avoidance of office, and the mode of appointing new Trustees. The Trustees will thereupon become a Body Corporate, and will have perpetual (a) In F. B. Palmer's Company Precedents, 6th eel. 1895, p. 239, there will be found a very suggestive List of Companies and Associations, etc., which have been registered without the word "Limited." It will be noticed that their defined objects are exceedingly diverse in character. (b) Better known as the " Mortmain Act." This Act was repealed (with a slight exception) by the " Mortmain and Charitable Uses Act, 1888." (51 & 52 Viet. 42.) c) This Act was repealed by the "Mortmain and Charitable Uses Act, 1888." (51 & 52 Viet. 42.) PART I. DIGEST OF STATUTES. 195 succession and a common seal, and may sue and be sued in their Corporate name, and may hold and acquire and deal with property, real or personal, notwithstanding the Statutes of Mortmain, but with a saving for the " Charitable Uses Act, 1735." (26.) The Certificate will have the effect of vesting in the new Body Corporate all the property of the Charity, with certain specified exceptions. (27.) The Act contains a large number of miscellaneous regulations relating to the management by the Charity Commissioners of the negotiations for the issue of Certificates, for which the reader is referred to the Act itself. (See Book IV., 2>ost.) (28.) By far the most important existing Statute bearing on facilities for the establishment of Literary and Scientific Institutions by gift is the " Mortmain and Charitable Uses Act, 1888," which consolidates all the previous Statute Law, repealing what is obsolete, and amending and extending what is useful. But even this Act has already been twice amended. (29.) 6 and 7 of the Act of 1888 by granting exemptions of a certain character facilitate indirectly the provision of sites for Museums and Institutions designed to promote Art, Literature, Science, etc. But there are conditions prescribed which must be carefully borne in mind by testators and their legal advisers. (See the Act in Book IV., post.) 9 Geo. n. 36. 35&36 Viet. 24, 2. 35&S6 Viet. 24, 3-15. 51 & 52 Viet. 42. 54 &55 Viet. 73 : 55 & 56 Viet. 11. O 2 196 PAET II. PRECEDENTS OF FORMAL DOCUMENTS. I. OFFICIAL CIRCULAR OF THE BOARD OF TRADE. (A.) Procedure in cases of Application to the Board of Trade jw a Licence under 23 of the " Companies Act, 1867." 1. The accompanying drafts have been prepared to show generally the manner in which the Memorandum and Articles of Association should be framed where it is proposed to apply to the Board of Trade for a licence under the 23rd section of the " Companies Act, 1867." 2. Under this section any Chamber, Institute, Society, or other Association formed for the purpose of promoting Com- merce, Art, Science, Religion, Charity, or any other useful object which does not involve the division of profit, may, if it obtains the Licence of the Board of Trade, be incorporated by registration with limited liability, but without the addition of the word "Limited" to its name. Attention is drawn to the substitution in the drafts of the words "Association," " Chamber," etc., for the word " Company." 3. It is to be understood that the drafts of the Memorandum and Articles of Association are subject to such additions, alterations, and omissions as the circumstances of the Asso- ciation desiring incorporation may render necessary, or the Board of Trade may require. 4. An Association desiring to be incorporated in this manner should make a written application to the Board of Trade for a licence, and, together with such application, PART II PRECEDENTS OF FORMAL DOCUMENTS. 197 should transmit for consideration a draft (a) in duplicate of the proposed Memorandum of Association and Articles of Asso- ciation, together with a list of the promoters and proposed Managing Body of the Association, and any report or state- ment of its proceedings. If the Board of Trade are satisfied that the application may be entertained, they will furnish a notice of such application, to be inserted in a local newspaper for the information of the public, and if after the expiration of a limited time there appears to be no sufficient reason why the Licence should not be granted, the Board of Trade will accept the Memorandum and Articles of Association with such amendment, if any, as may be necessary, and grant a licence. 5. The Board of Trade will require to have the Memo- randum and Articles of Association settled on their behalf by counsel, at the expense of the applicants, for which purpose a fee of 5 5s. must accompany the application. (&) The Board of Trade will not, however, be responsible for the Memorandum or Articles being properly framed as regards the interest of the Association. (B.) [DRAFT.] MEMORANDUM OF ASSOCIATION. 1. The name of the Association is "The ." 2. The registered office of the Association will be situate in [England]. 3. The objects for which the Association is established are : [Here express objects shortly.] (1.) The (2.) The (3.) The doing all such other lawful things as are incidental or conducive to the attainment of the above objects. 4. The income and property of the Association, whence- soever derived, shall be applied solely towards the promotion of the objects of the Association as set forth in this Memo- (a) It is requested that the draft, and any subsequent revisions that may be required, may, whether in print or manuscript, be of foolscap-sized paper, being the size most convenient for registration. (b) A cheque for the amount of this fee should be made payable to an " Assistant Secretary of the Board of Trade." 198 BOOK II LITERAEY AND SCIENTIFIC INSTITUTIONS. randum of Association ; and no portion thereof shall be paid or transferred directly or indirectly, by way of dividend, bonus, or otherwise howsoever by way of profit, to the members of the Association. Provided that nothing herein shall prevent the payment, in good faith, of remuneration to any officers or servants of the Association, or to any member of the Association, or other person, in return for any services actually rendered to the Association. 5. The fourth paragraph of this Memorandum is a con- dition on which a licence is granted by the Board of Trade to the Association in pursuance of Section 23 of the Com- panies Act, 1867. 6. If any member of the Association pays or receives any dividend, bonus, or other profit, in contravention of the terms of the fourth paragraph of this Memorandum, his liability shall be unlimited. 7. Every member of the Association undertakes to con- tribute to the assets of the Association, in the event of the same being wound up during the time that he is a member, or within one year afterwards, for payment of the debts and liabilities of the Association contracted before the time at which he ceases to be a member, and of the costs, charges, and expenses of winding up the same, and for the adjust- ment of the rights of the contributories amongst themselves, such amount as may be required not exceeding [ pounds], or in case of his liability becoming unlimited, such other amount as may be required in pursuance of the last preceding paragraph of this Memorandum. 8. If upon the winding up or dissolution of the Association there remains, after the satisfaction of all its debts and liabilities, any property whatsoever, the same shall not be paid to or distributed among the members of the Association, but shall be given or transferred to some other institution or institutions, having objects similar to the objects of the Association, to be determined by the members of the Associa- tion at or before the time of dissolution, or in default thereof by such Judge of the High Court of Justice as may have or acquire jurisdiction in the matter. 9. True accounts shall be kept of the sums of money received and expended by the Association, and the matter in respect of which such receipt and expenditure takes place, and of the property, credits, and liabilities of the Association ; and, subject to any reasonable restrictions as to the time and PART II. PRECEDENTS OF FORMAL DOCUMENTS. 199 manner of inspecting the same that may be imposed in accordance with the regulations of the Association for the time being, shall be open to the inspection of the members. Once at least in every year the accounts of the Association shall be examined, and the correctness of the balance-sheet ascertained by one or more properly qualified Auditor or Auditors. We, the several persons whose names and addresses are subscribed, are desirous of being formed into an Association in pursuance of this Memorandum of Association. (a) Xames, Addresses, and Descriptions of Subscribers. Dated day of 18 Witness to the above signatures, A. B. (C.) [DKAFT.] AETICLES OF ASSOCIATION. 1. For the purposes of registration, the number of the members of the Association is declared not to exceed [ ]. 2. These Articles shall be construed with reference to the provisions of the Companies Act, 1862, and the Companies Act, 1867, and terms used in these Articles shall be taken as having the same respective meanings as they have when used in those Acts. 3. The chamber (6) [institute or society, as the case may be] is established for the purposes expressed in the Memorandum of Association. 4. Qualification of members. 5. Admission of members. (a) All the names should be in full, the addresses should be definite, giving, where practicable, the name of the street and the number of the house. (b) It is proposed to adopt the style of " chamber," " society," etc., through- out, and to avoid the use of the word " company." 200 BOOK II . LITEEAEY AND SCIENTIFIC INSTITUTIONS. 6. Retirement of members. 7. Rights of members. 8. Honorary officers and their elections. 9. Management of chamber. 10. Powers of chamber [or of the council or governing body thereof]. 11. Meetings, proceedings, etc. 12. Accounts, audit, etc., and so forth. Names, addresses, and descriptions of subscribers [as in Memorandum of Association]. Dated the day of Witness, II. LITERARY OR SCIENTIFIC SOCIETY UNDER THE " COMPANIES ACTS, 1862, 1867, AND 1877." Draft Memorandum of Association, and Articles of Association. The Society. MEMORANDUM OF ASSOCIATION. 1. The name of the Society [Association, Institution] is " The Society " [Association, Institution]. 2. The registered office of the [Society] will be situated in England. 3. The objects for which the [Society] is established are to promote the advancement and diffusion of a knowledge of and for this purpose especially : (1.) To invite from the members and others, communi- cations, written or oral, relating to and to receive, hear, and discuss such communications at Meetings of the [Society]. (2.) To invite the exhibition of and to exhibit, at Meetings of the [Society], any new, improved, or other apparatus for and any new or other experiments illustrative of (3.) To print and publish, and to sell, lend, and dis- tribute, any communications made to the [Society] or any other papers, treatises, or communications relating to and any reports of the pro- PART II. PRECEDENTS OF FORMAL DOCUMENTS. 201 ceedings and accounts of the [Society], and for this purpose to cause translations to be made of any such papers, treatises, or communications as shall be in a foreign language, and to illustrate any of the publications. (4.) To purchase, take on lease, or otherwise acquire, and also to dispose of, any premises and other property for the purposes of the [Society], subject to the provisions of 23 of the " Companies Act, 1862." (5.) To do all such other lawful things as are incidental or conducive to the attainment of the above objects. 4. The income and property of the [Society], whencesoever derived, shall be applied solely towards the promotion of the objects of the [Society] as set forth in this Memorandum of Association ; and no portion thereof shall be paid or trans- ferred directly or indirectly by way of dividend or bonus or otherwise howsoever by way of profit, to any person who is or has been a Member of the [Society], or to any person claiming through him : Provided that nothing herein con- tained shall prevent the payment of just remuneration to any officers or servants of the [Society] or to anyone, although a member of the [Society], for services rendered to the [Society]. 5. The 4th paragraph of this Memorandum is a condition on which a licence is granted by the Board of Trade to the [Society] in pursuance of 23 of the " Companies Act, 1867." For the purpose of preventing any evasion of the terms of the said 4th paragraph, the Board of Trade may from time to time, on the application of any member of the [Society], impose further conditions which shall be duly observed by the [Society]. 6. If the [Society] act in contravention of the 4th para- graph of this Memorandum or of any such further conditions, the liability of every Member of the Council [Director, Manager] of the [Society] shall be unlimited, and the liability of every Member of the [Society] who has received any such dividend, bonus, or other profit as aforesaid shall likewise be unlimited. 7. Every Member of the [Society] undertakes to contribute to the assets of the [Society] in the event of the same being wound up during the time that he is a Member, or within one year afterwards, for payment of the debts and liabilities of the [Society] contracted before the time at which he ceases 202 BOOK II LITERARY AND SCIENTIFIC INSTITUTIONS. to be a Member, and of the costs, charges, and expenses of winding up of the same, and for the adjustment of the rights of the contributories amongst themselves, such amount as may be required, not exceeding 1, or in case of his liability becoming unlimited, in pursuance of the last preceding para- graph of this Memorandum, such amount as may be required : Provided always that every Member of the [Society] whose liability remains limited, shall be called on to contribute to the full extent of his liability before any greater contribution is made by any Member of the [Society] whose liability has become unlimited. 8. If upon the winding-up or dissolution of the [Society] there remains after the satisfaction of all its debts and liabili- ties any property whatsoever, the same shall be applied in the first place to the reimbursement of Members who may have made payments under the provisions of the last pre- ceding paragraph, and the surplus shall not be paid to or distributed among the members of the [Society], but shall be given or transferred to some other Institution or Institutions having objects similar to the objects of the [Society] to be determined by the members of the Society of or before the time of dissolution, or in default thereof by such Judge of the High Court of Justice as may have or acquire jurisdiction in the matter. WE, the several persons whose names and addresses are subscribed, are desirous of being formed into a [Society] in pursuance of this Memorandum of Association. Names, Addresses, and Descriptions of Subscribers. Dated the day of 18 Witness to the above signatures : PART II PRECEDENTS OF FORMAL DOCUMENTS. 203 ARTICLES OF ASSOCIATION. IT IS AGREED AS FOLLOWS: 1. For the purposes of registration the number of the members of the [Society] is declared not to exceed [500], 2. These Articles shall be construed with reference to the provisions of the "Companies Acts, 1862, 1867, and 1877," and terms used in these Articles shall be taken as having the same respective meanings as they have when used in those Acts. In these Articles words importing the masculine gender only shall be taken to include the feminine gender. 3. The [Society] is established for the purposes expressed in the Memorandum of Association. Members. 4. The [Society] shall consist of ordinary members, ex officio members, and honorary members. 5. The persons whose names are set forth in the second Schedule hereto, and any other persons who shall be elected ordinary members, as hereinafter provided, shall be ordinary members of the [Society]. 6. The Presidents [Chairmen] for the time being of such [Societies] as the Council may from time to time recommend, may, with the approval of a general meeting of the [Society], be nominated as ex officio members. They shall receive all the publications issued by the [Society] during their term of membership, and enjoy all other privileges of members, but shall not be liable to pay any subscription. 7. Honorary members shall be such persons distinguished for their attainments in , and not being British sub- jects, as shall be elected honorary members in the manner hereinafter provided. 8. The number of honorary members shall not exceed [12] at any one time. 9. The rights and privileges of every ordinary, ex officio, and honorary member shall be personal to himself; they shall not be transferable by his own act, or by operation of law, and shall cease upon his death. Election, Admission, Retirement and Expulsion of Members. 10. No person shall be qualified for election as an ordinary member unless he be recommended as a candidate by not less than 3 members, to 2 of whom he must be personally known. 204 BOOK II LITERARY AND SCIENTIFIC INSTITUTIONS. Such recommendation shall be made by the signature of such members to the following form : Name Occupation or Qualification Residence Being desirous of becoming a member of the Society we, the undersigned, being members, recommend him as a proper person to be elected a member thereof. Dated the day of 18 From personal knowledge. From general knowledge. 11. The names of candidates so recommended shall be sub- mitted to the Council hereinafter mentioned. The Council shall, at their next meeting after a name has been submitted to them, either approve or reject the same. (a) The Council may in their discretion reject the name of any candidate. 12. The names of such candidates as shall be approved by the Council shall be submitted to the [Society] at the meeting held next after such approval shall have been given ; and for this purpose the names of the candidates and of the members who recommend them shall be read at such meeting by one of the Secretaries. The names shall then be submitted for ballot at the next following meeting of the Society. 13. Honorary members shall be nominated by the Council, and shall be elected by the [Society] at the annual general meeting. An honorary member shall be deemed to be nomi- nated by the Council when his name has been submitted to one meeting of the Council and accepted upon ballot at a second meeting thereof. 14. A list of the names of persons nominated by the Council as honorary members shall be sent to every ordinary member, by being posted to his registered address, at least 14 days before the annual general meeting. The names shall then be submitted for ballot at the annual general meeting. 15. At every ballot, whether for the election of an ordinary member or for the nomination or election of an honorary member, one black ball in 4 shall exclude. 16. Every member who is elected shall be informed of his (a) If it should be thought that too much elective power is here conferred on the governing body, it may be provided that the name of any candidate duly nominated shall go at once to the general body of members. PART II PRECEDENTS OF FORMAL DOCUMENTS. 205 election by one of the Secretaries, who shall also send him a copy of the Memorandum and Articles of Association of the [Society], together with a blank obligation in the following form : I, the undersigned, having been elected an (ordinary, ex officio, or honorary, as the case may be) member of the [Society] do hereby engage that I will endeavour to promote its interests and welfare, and will observe its laws as long as I shall continue a member thereof. (Signed) Dated the day of 18 17. Every person elected, whether as an ordinary, an ex officio, or an honorary member, shall within one calendar month, or such extended or other time as the Council shall in any particular case direct, sign and return the said form to one of the Secretaries ; and every person elected as an ordinary member shall, within 3 calendar months from the date of his election, pay the entrance fee and the first annual subscription, according to the scale hereinafter mentioned. 18. If any member shall fail to comply with so much of the last preceding article as applies to his case, the Council may, at any time after 3 calendar months from the date of his election, declare his election void. 19. At the first meeting at which a member is present after he has complied with the provisions of Article 17, he shall be admitted according to the following form : He shall first sign his name in a book to be kept for that purpose, and shall then be presented to the President or other member in the chair by one of the Secretaries ; and the President (or Chairman), addressing him by name, shall say, " In the name of the [Society], I admit you a member thereof." 20. If any member, after returning to the registered office all books or other property of the [Society] in his hands, shall leave at or send by Post to the registered office a notice in writing signed by himself, stating that he resigns his membership in the [Society] he shall thereupon cease to be a member. 21. Upon the recommendation of the Council the [Society] may, by a resolution passed at a special general meeting, expel any member from the [Society], provided that at such meeting not less than 20 members shall be present, and that of those who vote at least three-fourths shall be in favour of the resolution. 22. In any case in which the Council may think it proper 206 BOOK II LITERARY AND SCIENTIFIC INSTITUTIONS. to recommend the expulsion of a member, the President shall call a special general meeting to consider the matter. At such meeting the voting upon the question shall be by ballot. 23. If any member fails to pay any subscription within 6 months of the same becoming due from him, the Treasurer shall serve him with notice that he is in arrear, and that in the event of non-payment before a day to be named in the notice, and not being less than 24 months from the date at which the subscription became due, he will be liable to be removed from the [Society]. 24. In the event of non-payment before the day named in such notice as aforesaid, the member so in arrear may be removed from the [Society] by a resolution of the Council to that effect. 25. The last 2 preceding Articles shall be additional to, and not in substitution for, the power given by Article 18. 26. Any member who shall retire, be expelled, or be removed from the [Society], shall remain liable for the pay- ment of all moneys due from him at the date of his retirement, expulsion, or removal. Payments by Members. 27. The persons whose names are set forth in the 2nd Schedule hereto, other than those whose names are marked thus *, shall pay an annual subscription of each. 28. The persons whose names are marked thus * in the said 2nd Schedule are members who have compounded for their annual subscriptions. They shall not be liable to pay any further annual subscriptions. 29. Every ordinary member hereafter to be elected shall pay an entrance fee of , and an annual subscription of 30. Subscriptions shall be payable in advance, and shall become due on the [1st day of January] in each year. 31. The entrance fee and subscription shall become due from every ordinary member immediately upon his election ; but any ordinary member elected on or after the [1st of November] in any year shall not be liable to pay his subscrip- tion for that year. For the purpose of subscriptions a year shall be the period between the [1st day of January] and the [31st day of December]. 32. Any member may, at any time, compound for all annual subscriptions thereafter to become due from him by the payment of in one sum. PART II PRECEDENTS OF FORMAL DOCUMENTS. 207 33. The Council may, under the authority of a special reso- lution, as defined in the " Companies Act, 1862," from time to time reduce the annual subscription, and the amount to be paid for compounding. 34. Neither ex qfficio nor honorary members shall be liable to pay any entrance fee, or annual or other subscription. Council. [Committee.^ 35. The affairs of the [Society] shall be managed by a Council, consisting of a President [Chairman], not more than nor less than Vice-Presidents (exclusive of the ex officio Vice-Presidents presently mentioned), Secre- taries, a Treasurer, and not more than other persons, all of whom must be ordinary members of the [Society]. 36. The first Council shall be composed of the persons whose names and addresses are set forth in the 1st Schedule hereto, and they shall hold the several offices set opposite to their respective names therein. 37. Subsequent Councils shall be elected by the Society annually by ballot at the annual general meeting. 38. At each annual general meeting [all] the members of the Council shall retire from office, and the [Society] shall elect a new Council in manner herein provided. ' 39. It shall be the duty of the Council before each annual general meeting to prepare a list containing the names of the members whom they recommend for election to the respec- tive offices of [President, Vice-Presidents, Secretaries, and Treasurer], and the names of other members whom they recommend for election as ordinary members of the Council. 40. Names recommended by the Council shall be names proposed at one meeting of the Council and agreed to at a subsequent meeting. 41. A copy of the list so prepared shall be sent to every ordinary member by being posted to his registered address at least 14 days before the annual general meeting. 42. Every ordinary member shall have power to alter the list so sent by the removal or addition of the name of any ordinary member, or as regards the name of any member already included in the list by removing the same from the office for which the member has been recommended by the Council, or inserting such name under a different office, and he shall use the list with such alterations (if any) as a balloting-list at the annual general meeting. 208 BOOK II LITERARY AND SCIENTIFIC INSTITUTIONS. 43. Any balloting-list which (as altered) shall contain the names of more than President, Vice-Presidents. Secretaries, Treasurer, and ordinary members of the Council, shall be null and void. 44. On the day of election the Chairman shall nominate 2 Scrutineers, to be approved by the meeting, to assist the Secretaries in examining the balloting-lists. Each ordinary member present and voting shall deliver his list to one of the Scrutineers, and the names of the members so voting shall be recorded by one of the Secretaries. Ordinary members who are not able to be present may vote by sending their balloting-lists in a sealed envelope addressed to the Scru- tineers, enclosed in a letter addressed to the Secretaries at the registered office of the [Society], so as to be delivered before the time of meeting. The members whose names shall be reported to the President by the Scrutineers as having received the majority of votes for filling the offices of Presi- dent, Vice-Presidents, Secretaries, Treasurer, and ordinary members of Council respectively, shall be deemed to be elected to those several offices, and their names shall be announced from the Chair as those of the persons elected to serve for the ensuing year. 45. A retiring member of the Council shall be re-eligible provided that (a) The same person shall not be eligible as [President] for more than 2 years in succession. (6) At least persons shall be elected to the new Council who were not members of the retiring Council. 46. Any casual vacancy occurring in the Council may be filled up by the Council. 47. Every [President] shall, during the 2 years next following his ceasing to be [President], be an ex officio [Vice- President] and member of the Council in addition to the members elected in manner aforesaid. Provided always that if any such ex officio member shall, during the said 2 years, be elected to any office on the Council, he shall upon such election cease to be an ex officio Vice-President and member. Meetings oj tlie \_Society~\. 48. The Meetings of the [Society] shall be of two kinds (a) General meetings, including annual and special general meetings. (6) Monthly meetings. PART II PRECEDENTS OF FORMAL DOCUMENTS. 209 49. The word "meeting," when standing alone in these Articles, and referring to a meeting of the [Society], shall include as well a monthly meeting as a general meeting, unless such construction would be repugnant to the subject or context. (a) General Meetings. 50. The first general meeting shall be held at such time, not more than 4 months after the registration of the [Society], and at such place, as the Council shall determine. 51. Subsequent general meetings shall be held once in every calendar year at such time and place as may be prescribed by the [Society] in general meeting ; and if no other time is prescribed, a general meeting shall be held on the day of the first meeting in the month of , or if there be no meeting in that month, then on the 52. The above-mentioned general meetings shall be called annual general meetings ; all other general meetings shall be called special general meetings. 53. The [President] or the Council may, whenever he or they think fit, and the [President] shall, upon receiving a written requisition signed by not less than members, convene a special general meeting. 54. Any such requisition shall state the object for which the meeting is required, and shall be addressed to the [President], and left at or sent by post to the registered office. 55. Upon receiving the requisition, the [President] shall forthwith convene a special general meeting, to be held within 14 days from the receipt of the requisition. If he do not so convene the same, the requisitionists or any other members, not less than in number, may themselves con- vene a special general meeting. 56. Seven days' notice at the least, exclusive of the day of giving the notice, but inclusive of the day for which the notice is given, specifying the place, the day, and the hour of meeting, and, in case of special business, the general nature of such business, shall be given to each ordinary member by circular posted to him at his registered address. Honorary and ex officio members shall not be entitled to receive any such notice. 57. All business that is transacted at a special general meeting shall be deemed special ; and likewise all business that is transacted at an annual general meeting, with the 210 BOOK II LITERARY AND SCIENTIFIC INSTITUTIONS. exception of the consideration of the Accounts, Balance- sheets, and ordinary reports of the Council, Treasurer, and Auditors respectively, and business immediately relating thereto. 58. No business, of which notice has not been given in manner aforesaid, shall be dealt with in any way at a general meeting. 59. At every general meeting (except where by these Articles a larger quorum is expressly required) members shall form a quorum. If at any general meeting a quorum is not present within half-an-hour of the time appointed for holding the meeting, the meeting, if convened upon the requisition of members, shall be dissolved. In any other case it shall stand adjourned to the same day in the next week, at the same time and place ; and if at such adjourned meeting a quorum is not present, the meeting shall be deemed to stand adjourned sine die. 60. The Chairman of any general meeting may, with the consent of the meeting, adjourn the meeting from time to time, and from place to place. 61. Every ordinary member shall have one vote. Neither ex officio nor honorary members shall be entitled to a vote. 62. Votes may be given either personally or by proxy, in such a form (a) as may be from time to time prescribed by the Council. 63. At any general meeting, unless a poll is demanded by at least 5 members, a declaration by the Chairman that a resolution has been carried and an entry to that effect in the minute book of proceedings, shall be sufficient evidence of the fact, without proof of the number or proportion of the votes recorded in favour of or against such Resolution. 64. If a poll is duly demanded, it shall take place at such time and place, and either by open voting or by ballot, as the Chairman directs, and the result of the poll shall be deemed the Resolution of the meeting at which the poll is demanded. The Chairman of a general meeting shall, in case of an equality of votes at the meeting, or at the poll, if a poll is demanded, be entitled to a casting vote in addition to the vote or votes to which he is entitled as a member. (a) But in the case of a Body formed under Act of Parliament in the way now contemplated, every Proxy-paper must bear a Id. stamp. (See 34 Viet. 4, 4.) PAIIT II PRECEDENTS OF FOEMAL DOCUMENTS. 211 (b) Monthly Meetings. 65. The Council shall from time to time appoint the times and places for holding the ordinary monthly meetings of the [Society], to hear and discuss communications relating to , and generally to proceed with the literary or scientific business of the [Society]. The meetings so appointed shall be called monthly meetings. 66. Monthly meetings shall, unless the Council shall other- wise appoint, be held at least once in every calendar month during the months from November to June inclusive ; and that period, or such other period as the Council shall from time to time appoint for holding such meetings, is in these Articles referred to as a " Session." 67. At any monthly meeting the names of candidates for ordinary membership may be read, new ordinary members may be elected, and new members admitted. 68. No notice shall be required of the business to be trans- acted at a monthly meeting. 69. Persons not members of the [Society] may attend these meetings as Visitors upon the introduction of members. Each member shall be at liberty to introduce not more than 2 Visitors at any monthly meeting by giving or sending to the Chairman of the meeting, or to any Secretary who may be present, the names of the Visitors and the name of the member introducing them. 70. The Council may in their discretion grant to persons not members of the Society admission to all or any of the monthly meetings of a Session. 71. At a monthly meeting the ordinary course of business shall, subject to the control of the Chairman, be as follows : (1.) The names of Visitors and those of the members by whom they are introduced shall be announced from the chair, if the Chairman thinks fit to do so. (2.) The minutes of the previous meeting shall be read and be submitted for confirmation. (3.) New members shall be admitted. (1-.) Presents made to the [Society] since its last meeting shall be announced from the chair, and, so far as the Chairman may deem expedient, shall be exhibited. (5.) The names of candidates for election as ordinary members shall be read. (6.) The literary or scientific business of the meeting shall be proceeded with. p 2 212 BOOK II. LITERARY AND SCIENTIFIC INSTITUTIONS. (7.) The matter to be brought before the next meeting shall be announced from the chair. (8.) The ballot for new ordinary members shall take place. 72. Every person who shall desire to bring a communica- tion before the [Society] shall give notice thereof in writing to one of the Secretaries, stating the nature of the communi- cation. In all cases it shall rest with the Council to decide whether any paper shall or shall not be read. 73. Written or oral communication shall be accompanied whenever it is practicable by experimental illustration, and the exhibition and use of the apparatus referred to in them. 74. All papers or communications which have been read to the [Society], with or without the explanatory drawings, shall become the property of the [Society]. The Council shall have power to publish [in the "Proceedings" of the Society] such of the papers or abstracts of them as they may deem fit ; but any paper not published in full by the Council shall remain at the absolute disposal of the author. 75. No report of any written or oral communication made to or proceedings had by the [Society] at a meeting shall be published except under the authority or by the permission of the Council, (a) Duties of Officers and Council. (a) Of the President and Vice-Presidents. 76. The President shall act as Chairman at all meetings of the [Society] or of the Council at which he is present. In his absence one of the Vice-Presidents according to seniority of appointment shall discharge the functions of the President. If, at any meeting whether of the [Society] or of the Council, neither the President nor any Vice-President is present, some other member shall be chosen Chairman for the occasion. 77. The President and Vice-Presidents shall discharge the several duties herein assigned to him or them. (b) Of the Secretaries. 78. It shall be the duty of the Secretaries (or of one of them) to attend every meeting of the [Society] and of the Council ; to record the minutes of proceedings ; and to read those minutes at the next meeting. They shall, under the direction of the President and Council, conduct the corre- (a) There will often be cases in which it will be desirable to relax, formally or informally, the stringency of such a rule as this. PAET II PRECEDENTS OF FORMAL DOCUMENTS. 213 spondence of the [Society], and issue all requisite notices to the members for convening meetings or otherwise, and per- form such other duties as the President or Council shall assign to them. (c) Of the Treasurer, 79. The Treasurer shall keep a proper account of the income and expenditure of the [Society] in books to be provided for the purpose. He shall submit his accounts, with vouchers for payments made by him, to be audited once in each year, and shall produce the account-books, properly posted up, when required by the Council. He shall present to the [Society] at the annual general meeting a Balance-sheet and Report signed by the Auditors. 80. He shall keep an account of such members as shall have paid their annual subscriptions, and also of those who have paid a composition in lieu thereof. In this account shall be noted the times up to which the annual payments have been made, and the arrears of each member. 81. Six weeks at least before the day appointed for holding the annual general meeting the Council shall appoint 2 members of the [Society], not being members of the Council, to audit the Treasurer's accounts and balance-sheet, and report thereon to the [Society]. (d) Of the Council. 82. The Council shall make provision for carrying out the objects of the [Society], and for conducting its affairs in accordance with the Memorandum or Articles of Association. They shall, subject to the regulations of the [Society] for the time being, have the sole control and management of the income, property, and affairs of the [Society], and may appoint and dismiss any paid officers and servants. 83. Meetings of the Council shall be summoned by the Secretaries, under the direction of the President. Five members shall form a quorum. 84. The Council shall meet at least once in each calendar month during a session. 85. In addition to meetings mentioned in the last article, the President may at any time direct the Secretaries to summon a special meeting of the Council ; and he shall direct a special meeting thereof to be summoned at any time upon a requisition addressed to him by 3 members of the Council. 214 BOOK II. LITEEAKY AND SCIENTIFIC INSTITUTIONS. 86. Questions arising at a meeting of the Council shall be decided by a show of hands, except in any case in which a ballot shall be demanded, or in which a ballot is required by these Articles. In case of an equality in votes, the Chairman shall have a second or casting vote. 87. Any member of the Council who shall be personally or pecuniarily interested in a. question under consideration shall retire during the discussion and determination of the aame. 88. If at any meeting of the Council business be introduced of which notice has not been given either at the previous meeting, or in the summons calling the meeting, any member present shall be entitled to require that no vote or decision shall be taken on such business until the next meeting ; but, subject as aforesaid, any business may be transacted at a meeting of the Council without notice of such business having been given. 89. The Council shall, at the annual general meeting, present to the [Society] a report on the position of the [Society], financially and otherwise, and on the affairs and proceedings of the [Society] generally during the previous year. 90. A notice may be served by the [Society] upon any member, either personally or by sending it through the Post in a prepaid letter addressed to such member at his registered address. , 91. Any notice sent by post shall be deemed to have been served at the time when the letter containing the same would be delivered in the ordinary course of the Post; and in proving such service it shall be sufficient to prove that the letter containing the notice was properly addressed and put into the Post-Office in sufficient time. Time and Place of Monthly Meetings. Monthly meetings of the [Society] are held at on days during the months of [November to June inclusive], at the hour of P.M. Office of the Society. The registered office of the [Society] is at PAKT II. PKECEDENTS OF FORMAL DOCUMENTS. 215 THE FIRST SCHEDULE ABOVE REFERRED TO. Members of the Council. President Vice-Presidents Secretaries Treasurer Ordinary members of Council THE SECOND SCHEDULE ABOVE REFERRED TO. Members of the Society. * Denotes Life Members. Names, addresses, and Descriptions of Subscribers : Dated the day of ,18 III. LITERARY OR SCIENTIFIC SOCIETY UNDER THE " COMPANIES Act, 1867," 23. Newspaper Advertisement of Application having been made to the Board of Trade. APPLICATION for a LICENCE of the BOAED OF TRADE. Notice is hereby given, that in pursuance of the 23rd Section of the " Companies Act, 1867," application has been made to the Board of Trade for a Licence directing an Association about to be formed under the name of the SOCIETY [Association, Institution] to be registered with limited liability, without the addition of the word " Limited " to its name. The objects for which the [Society] is proposed to be established are : 1. To invite from the members and others, communications, written or oral, relating to , and to receive, hear, and discuss such communications at meetings of the [Society]. 2. To invite the exhibition of, and to exhibit at meetings 216 BOOK II LITERARY AND SCIENTIFIC INSTITUTIONS. of the [Society], any new, improved, or other apparatus for , and any new or other experiments illustrative of 3. To print and publish and to sell, lend, and distribute any communications made to the [Society], or any other papers, treatises, or communications relating to , and any reports of the proceedings and accounts of the [Society], and for this purpose to cause translations to be made of any such papers, treatises, or communications as shall be in a foreign language, and to illustrate any of the publications. 4. To purchase, take on lease, or otherwise acquire, and also to dispose of, any premises and other property for the purposes of the [Society], subject to the provisions of 21 of the "Companies Act, 1862." 5. To do all such other lawful things as are incidental or conducive to the attainment of the above objects. Notice is hereby further given, that any person, Company, or Corporation objecting to this application may bring such objection before the Board of Trade on or before the day of next, by a letter addressed to the Assistant- Secretary, Railway Department, Board of Trade, Whitehall, London, S.W. Dated this day of , 18 . Solicitors for the said [Society]. IV. PAROCHIAL INSTITUTE UNDER THE " COMPANIES ACT, 1867," 23. [Begin as in No. 2 or 3, and then proceed () to define the objects of the Institute as follows : ] 1. To establish a Library and Reading Rooms at , in the County of , and to provide a large hall or room for entertainments, lectures, and meetings. 2. To promote mental culture, and to encourage habits of temperance, industry, and application, and with a view thereto, among other things, to offer and give prizes and rewards. (a) In F. B. Palmer's Company Precedents, Gth edit. 1895, pp. 271-94, there will be found a large number of useful precedents. Amongst them are the titles: "Cricket Club," "Coffee Tavern," "Public Hall," "Circulating Library," " School or College," " Club," " Club-House," " Political Club," " Musical Society." PART II. PRECEDENTS OF FORMAL DOCUMENTS. 217 3. To purchase, hire, or otherwise acquire, for the purposes of the Institute, any real or personal property, and in par- ticular any lands, buildings, furniture, books, newspapers, periodicals, and musical instruments. 4. To invest the moneys of the Institute, not immediately required, in such manner as may be determined. 5. To accept and hold any money or property upon trust for any charitable purposes for the benefit of the inhabitants of the Parish of , or any class or section thereof, and to execute such trusts. 6. To borrow or raise money by the issue of, or upon, bonds, debentures, bills of exchange, promissory notes, or other obligations or securities of the Institute, or by mortgage or charge of all or any part of the property of the Institute, or of its uncalled capital, or in such other manner as the Committee of Management shall think fit. 7. To sell, improve, manage, develope, lease, mortgage, dispose of, or otherwise deal with all or any part of the property of the Institute. 8. To do all such other things as are incidental or con- ducive to the attainment of the above objects. V. MEMORANDUM AND ARTICLES OF ASSOCIATION SUITED FOR A COUNTRY TOWN CLUB FOR GENTLEMEN. " The Companies Ads, 1862, 1867, and 1877." COMPANY LIMITED BY SHARES. The Club, Limited. MEMORANDUM OF ASSOCIATION. 1. The name of the Company is the " ' Club,' , Limited." 2. The registered office of the Company will be situate in England. 3. The objects for which the Company is established are : To provide, and at the discretion of the Company to carry on, an Institution at , in the County of 218 BOOK II. LITERAEY AND SCIENTIFIC INSTITUTIONS. , embodying, at the discretion of the Committee, all or any of the leading features of a first-class London Club; including the supply of refreshments, of such kinds as are usually provided at London Clubs [and, either in conjunction with or distinct from the Club, to provide a Subscription Library and Eeading Eoom]. To acquire by purchase, lease, or otherwise, any lands, buildings, and hereditaments of any tenure in , and to erect, finish, or complete any buildings, and to fit up and furnish such buildings or any parts thereof with fixtures, or furniture, appliances for the purposes first above mentioned, or any or either of them, and to mortgage, sell, or otherwise dispose of the whole or any part or parts of such land, buildings, or hereditaments, and also to let or demise the same or any part or parts thereof, either furnished or unfurnished, and either for the purposes first above mentioned or for any other purposes, and upon such terms and conditions as the Company shall from time to time determine. And the doing of all such other things as are inci- dental or conducive to the attainment of the above objects. 4. The liability of the members is limited. 5. The nominal capital of the Company is POUNDS, divided into shares of POUNDS each, to be increased, if needs be, to an amount not exceeding POUNDS, by the creation of such number of additional shares of POUNDS each as may be deemed expedient. We, the several persons whose names and addresses are subscribed, are desirous of being formed into a Company in pursuance of this Memorandum of Association, and we respectively agree to take the number of shares in the capital of the Company set opposite our respective names. Names, Addresses, and Description of Subscribers Number of Shares taken by each Subscriber Dated the day of ,18 Witness to the above signatures PART II PRECEDENTS OF FORMAL DOCUMENTS. 219 ARTICLES OF ASSOCIATION. IT IS AGREED AS FOLLOWS : Table A. partially to apply. 1. The provisions of Table A., in the 1st Schedule of the " Companies Act, 1862," as qualified, altered, or added to either by the " Companies Acts, 1867 and 1877," or by the Articles, provisions and clauses hereinafter contained, shall be the regulations for the management of this Company unless and until the same, or any of them, shall be annulled, superseded, varied, or added to by any special Resolution of the Company in general meeting; but the provisions of Table A. shall not apply if and whenever the same are in- consistent with the provisions herein contained. Interpretation Clause. 2. The expression " The Committee," used in the Memo- randum of Association, and hereinafter used, or used in any prospectus or other document of the Company, is equivalent to the expression " Directors," used in the " Companies Act, 1862," and in any subsequent Act or Acts relating to Joint- Stock Companies. The expression "Member of the Club" shall mean a person who shall have been duly admitted or elected a member of the Club in conformity with the Rules or Regulations for the time being in force with respect to the admission of members of the Club. The word " Shareholder " shall have the same meaning as the word " Member," as determined by the " Companies Act, 1862." The expression " Register of Shareholders " shall bear the same meaning as the expression " Register of Members," as used in the said Act. Words importing the masculine gender shall be deemed and taken to include females, and the singular to include the plural and the plural the singular, unless repugnant to the context, or to any express provision herein contained. Company to have lien upon Shares. 3. The Company shall have a lien upon the shares of any debtor to the Company on any account whatever, and may make such lien available in like manner as for calls in arrear. 220 BOOK II LITERARY AND SCIENTIFIC INSTITUTIONS. Committee may refuse to register Transfer. 4. The Committee may decline to register a transfer of shares to any person unless they shall have previously approved of such person as a transferee, and no person (other than a Vice-President for the time being) who shall not have been so previously approved, shall be entitled to become the trans- feree of any shares in the Company ; and the Committee shall not be bound to assign any reason for withholding approval. Fee on Registration of Transfer. 5. A fee of 2s. 6d. shall be charged for the registration of every transfer of shares. Females not to be members of the Club. 6. Females may be shareholders in the Company, but not members of the Club. Sorrowing powers. 7. The Committee may, but subject to the proviso herein- after contained, raise or borrow for the purposes of the Com- pany, such sum or sums of money as they may from time to time think expedient, either by way of mortgage of the whole or any part of the property of the Company, or by bonds or debentures, or in such manner as they deem best, and so that any mortgage or other security made under this power may contain a power of sale of the property comprised therein and such other powers and provisions as the Com- mittee may think fit ; provided that the total amount of such mortgages, debentures, bonds or other securities shall not at any time exceed the sum of pounds, without the sanc- tion previously given of an extraordinary general meeting. General Meetings. 8. The 1st general meeting shall be held at such time, not being more than 4 months after the registration of the Com- pany, and at such place as the Committee shall determine ; subsequent general meetings shall be held on the 1st or some other Saturday in February in every year, at such time and place as the Committee may appoint. The above-mentioned general meetings shall be called ordinary meetings. All other general meetings shall be called extraordinary. PART II PRECEDENTS OF FORMAL DOCUMENTS. 221 Classes of Members of the Club. 9. There shall be 2 classes of members of the Club, namely, annual members, and members for periods less than a year. Sons between the ages of 18 and 25, of annual members, will be admissible as annual members, but subject to the regula- tions for the time being in force relative to the admission or election of annual members, on paying the entrance fee for the time being payable, and one-half of the annual subscrip- tion for the time being payable. This privilege is to cease either on the father of such member ceasing to be a member of the Club, or the son ceasing to reside with him, in which case, however, the son may continue an ordinary member on paying for the current year the difference between his special and the ordinary subscription, and thenceforward paying the ordinary subscription. Members for less than a year. 10. Persons desirous of becoming Members of the Club for any period less than a year will be admitted at the discretion of the Committee, and upon such conditions as the Committee may from time to time prescribe. Subscriptions of Annual Members. 11. The subscription of every annual member shall be deemed to expire on the 31st day of December in each year, and no annual member shall be entitled to any abatement from his subscription for the current year, by reason of the fact that he was elected or became an annual member of the Club at some period intermediate between the 1st day of January and the 31st day of December : Provided that the Committee may, if they think fit, remit a portion of the annual subscription of persons elected or becoming annual members after the 1st day of July in any year. Permanent Residents in the locality. 12. No person being a permanent resident in will be eligible for admission as a member of the Club for less than a year, or be eligible as a subscriber to the Visitors' Heading Room. Admission of 100 Members. 13. The first 100 annual members are to be admitted at the discretion of the Committee. When that number shall 222 BOOK II LITERAEY AND SCIENTIFIC INSTITUTIONS. have been reached, the election of persons proposed as annual members (who must in all cases be personally known to either their proposers or seconders), shall be by ballot of the then annual members, in conformity with the regulations for the time being in force with respect to the admission of members of the Club. Shareholders will not be admissible as members of the Club, except in conformity with the regulations for the time being in force with respect to the admission of members of the Club. Admission of Visitors. 14. Visitors to , or the neighbourhood, may be admitted to such of the privileges of the Club on payment of such entrance fee or subscription, or both, as the Committee shall from time to time determine. The admission of any person to such privileges shall be wholly in the discretion of the Committee. Days of opening. 15. The Club shall be open every week day during such hours as the Committee shall from time to time prescribe. The Club shall be closed on Sundays, Good Friday, and Christmas Day. Election of President and Vice-Presidents. 16. The Committee for the time being may, if they think fit, appoint a President of the Club, who will be an honorary member of the Club, and who shall, if a shareholder, be ex officio a member of the Committee, with the same or like powers as if he had been elected a member of the Committee by a general meeting of the Company. The first Honorary President shall be Vice-Presidents. 17. The Committee for the time being may also appoint such persons as they may think fit to be Vice-Presidents for such period, not being less than one year, as the Committee shall from time to time determine. Such appointments may, however, be at any time rescinded by the Committee. Vice- Presidents will not be ex officio members of the Committee, but if not already members of the Club, they may become such without ballot or election, on paying the usual entrance fee and subscription, and they may also (while they continue to be Vice-Presidents) become transferees of shares in the Company without the consent of the Committee. PART II. PRECEDENTS OF FORMAL DOCUMENTS. 223 Annual Members of the Club may attend General Meetings. 18. Every annual member of the Club, although not a shareholder, shall be entitled to be present at general meet- ings, whether ordinary or extraordinary, of the Company, and he may speak upon any question at such meetings, and may vote upon the election of members of the Committee, but not upon any other matter or question. Votes of Annual Members of the Club. 19. Every annual member of the Club shall be entitled to one vote, the same to be given personally, and not by proxy. Provided that if such member of the Club be also a share- holder, he shall vote only in the capacity of shareholder. Every annual member of the Club shall also be entitled to receive a copy of the Company's balance-sheet on application. Number of the Committee. 20. The Committee shall not, without the consent of a general meeting, consist of more than 15 or less than 9 member?. First Members. 21. The first Members of the Committee shall be : and such others not exceeding in the whole 15, as the Com- mittee for the time being shall at any time prior to the ordinary general meeting of the year 189 , appoint. All members of the Committee shall continue in office until the ordinary general meeting last mentioned, except in case of death, resignation, or disqualification, in either of which events the Committee for the time being may appoint any person to supply the vacancy so occasioned. Qualification of Members of the Committee. 22. Every member of the Committee must be the holder of at least one share, on which all calls for the time being must have been paid, as well as be an annual member of the Club, and he will become disqualified from acting as a member of the Committee if he should cease to be a shareholder or cease to be a member of the Club. Committee may make By-Laws. 23. The Committee may from time to time make such By-Laws, Eules and Regulations for the management of the 224 BOOK II LITERAKY AND SCIENTIFIC INSTITUTIONS. Club-house and premises, and for observance by members and visitors, as the Committee shall think fit, the same not being inconsistent with the Articles and Regulations of the Company for the time being. Powers of Committee. 24. The Committee may do all acts which in their judgment shall be necessary or expedient for carrying out the objects or purposes for which the Company is established, and particu- larly for obtaining at such price and generally upon such terms and conditions as they shall deem reasonable, a house with land appurtenant thereto, situate in the Parish of aforesaid, and suitable for the purposes of the Company, and may finish, alter, or adapt, or cause to be finished, altered, or adapted, such building, for the purposes of the Company, in such manner as they shall deem expedient, and may fit up and furnish the same or any part or parts thereof for the pur- poses of the Company, and may let or demise such part or parts of such building as they think proper to any person or persons for such term or period, and at such rent or rents, and generally with such rights and upon such conditions, and subject to such restrictions as the Committee in their sole discretion shall think proper. Committee may enter into Agreements, etc. 25. The Committee may enter into any agreement for any of the purposes aforesaid, and may accept a lease or convey- ance on behalf of the Company, and either in the name of the Company or in the names or name of any persons or person who shall be willing to undertake responsibility in that behalf, and any such person shall be indemnified by the Company against such responsibility. The Committee may pay out of the funds of the Company all outlays, costs, and expenses which they may have incurred for any of the purposes of the Company. Chairman of Committee. 26. There shall be a chairman of the Committee. The first chairman shall be Continuation in office of Chairman. 27. The first chairman shall remain in office until the first Committee meeting next after the ordinary general meeting PART II PRECEDENTS OF FORMAL DOCUMENTS. 225 of 18 . All subsequent chairmen shall be elected by the Committee out of their own body, at the first meeting of the Committee subsequent to the ordinary general meeting. No chairman shall remain continuously in office for more than 2 years. Officers. 28. The Company shall have a Secretary and a Solicitor. Secretary and Solicitor. 29. Mr. is hereby appointed Secretary, and Mr. Solicitor, of the Company. Neither of them shall be removed from office except by a resolution passed by the Committee at a meeting specially convened to consider the question. Reserve Fund. 30. The Committee may set apart and include under the name of " Reserve Fund," moneys for repairing and main- taining the Club-house, the furniture, and the property of the Company generally. Names, Addresses, and Descriptions of Subscribers. Dated the day of , 18 . Witness to the above signatures : VI. DRAFT ROYAL CHARTER TO THE NORTH OF ENGLAND IN- STITUTE OF MINING AND MECHANICAL ENGINEERS (a). VICTORIA, by the grace of God, of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith, to all to whom these presents shall come, greeting : () This Eoyal Charter is here given as an example of the usual form of such documents when granted to Institutions of a Literary and Scientific Q 226 BOOK II LITERARY AND SCIENTIFIC INSTITUTIONS. Whereas it has been represented to us that Nicholas Wood, of Hetton, in the County of Durham, Esquire (since deceased) ; Thomas Emerson Porster, of Newcastle-upon- Tyne, Esquire (since deceased) ; Sir George Elliott, Baronet (then George Elliott, Esquire), of Houghton Hall, in the said county of Durham, and Edward Fenwick Boyd, of Moor House, in the said county of Durham, Esquire, and others of our loving subjects, did, in the year 1852, form themselves into a Society, which is known by the name of " The North of England Institute of Mining and Mechanical Engineers," having for its objects the prevention of accidents in mines and the advancement of the Sciences of Mining and En- gineering generally, of which Society Lindsay Wood, of South Hill, Chester-le-Street, in the county of Durham, Esquire, is the present President. And whereas it has been further represented to us that the Society was not constituted for gain, and that neither its projectors nor members derive nor have derived pecuniary profit from its prosperity ; that it has during its existence of a period of nearly a quarter of a century steadily devoted itself to the preservation of human life and the safer develop- ment of mineral property; that it has contributed sub- stantially and beneficially to the prosperity of the country and the welfare and happiness of the working members of the community ; that the Society has since its establishment diligently pursued its aforesaid objects, and in so doing has made .costly experiments and researches with a view to the saving of life by improvements in the ventilation of mines, by ascertaining the conditions under which the safety lamp may be relied on for security ; that the experiments con- ducted by the Society have related to accidents in mines of every description, and have not been limited to those pro- ceeding from explosions ; that the various modes of getting coal, whether by mechanical appliances or otherwise, have received careful and continuous attention, while the improve- ments in the mode of working and hauling below ground, the machinery employed for preventing the disastrous falls of roof underground, and the prevention of spontaneous com- bustion in seams of coal as well as in cargoes, and the character ; but it is to be understood by Promoters that since the passing of the " Companies Act, 1867," Royal Charters have been very rarely granted, and only for very exceptional reasons, 23 of the Act alluded to being deemed in high official circles to be a substitute for the Charter system. PART II. PRECEDENTS OF FORMAL DOCUMENTS. 227 providing additional security for the miners in ascending and descending the pits, the improvements in the cages used for this purpose, and in the safeguards against what is technically known as " over winding," have been most successful in lessening the dangers of mining, and in pre- serving human life ; that the Society has held meetings at stated periods, at which the results of the said experiments and researches have been considered and discussed, and has published a series of Transactions filling many volumes, and forming in itself a highly valuable library of scientific reference, by which the same have been made known to the public, and has formed a library of Scientific Works and collections of models and apparatus, and that distinguished persons in foreign countries have availed themselves of the facilities afforded by the Society for communicating im- portant scientific and practical discoveries, and thus a useful interchange of valuable information has been effected ; that in particular, with regard to ventilation, the experiments and researches of the Society, which have involved much pecuniary outlay and personal labour, and the details of which are recorded in the successive volumes of the Society's Transactions, have led to large and important advances in the practical knowledge of that subject, thus the Society's researches have tended largely to increase the security of life ; that the members of the Society exceed 800 in number, and include a large proportion of the leading Mining Engineers in the United Kingdom. And whereas in order to secure the property of the Society, and to extend its useful operations, and to give it a more permanent establishment among the Scientific Institu- tions of our kingdom, we have been besought to grant to the said Lindsay Wood, and other the present members of the Society, and to those who shall hereafter become members thereof, our Royal Charter of Incorporation. Now know ye that we, being desirous of encouraging a design so laudable and salutary, of our especial grace, certain knowledge, and mere motion, have willed, granted, and declared, and do, by these presents, for us, o^r heirs, and successors, will, grant, and declare, that the said Lindsay Wood, and such others of our loving subjects as are now members of the said Society, and such others as shall from time to time hereafter become members thereof, according to such By-Laws as shall be made as hereinafter mentioned, and their successors, shall for ever hereafter be, by virtue of Q 2 228 BOOK II LITERARY AND SCIENTIFIC INSTITUTIONS. these presents, one body, politic and corporate, by the name of " The North of England Institute of Mining and Mechanical Engineers," and by the name aforesaid shall have perpetual succession and a common Seal, with full power and authority to alter, vary, break, and renew the same at their discretion, and by the same name to sue and be sued, implead and be impleaded, answer and be answered unto, in every Court of us, our heirs and successors, and be for ever able and capable in the Law to purchase, acquire, receive, possess, hold and enjoy to them and their successors any goods and chattels whatsoever, and also be able and capable in the Law (not- withstanding the Statutes of Mortmain) to purchase, acquire, possess, hold and enjoy to them and their successors a hall or house, and any such other lands, tenements, or heredita- ments whatsoever, as they may deem requisite for the pur- poses of the Society, the yearly value of which, including the site of the said hall, or house, shall not exceed in the whole the sum of 3000, computing the same respectively at the rack rent which might have been had or gotten for the same respectively at the time of the purchase or acquisition thereof. And we do hereby grant our especial licence and authority unto all and every person and persons and bodies politic and corporate, otherwise competent, to grant, sell, alien, convey or devise in Mortmain unto and to the use of the said Society and their successors, any lands, tenements, or hereditaments, not exceeding with the lands, tenements, or hereditaments so purchased or previously acquired such annual value as aforesaid, and also any moneys, stocks, securities, and other personal estate to be laid out and disposed of in the purchase of any lands, tenements, or hereditaments not exceeding the like annual value. And we further will, grant, and declare that the said Society shall have full power and authority, from time to time, to sell, grant, demise, exchange and dispose of abso- lutely, or by way of mortgage, or otherwise, any of the lands, tenements, hereditaments and possessions, wherein they have any estate or interest, or which they shall acquire as aforesaid, but that no sale, mortgage or other disposition of any lands, tenements, or hereditaments, of the Society shall be made, except with the approbation and concurrence of a general meeting. And our will and pleasure is, and we further grant and declare that for the better rule and government of the PART II PRECEDENTS OF FORMAL DOCUMENTS. 229 Society, and the direction and management of the concerns thereof there shall be a Council of the Society, to be ap- pointed from among the members thereof, and to include the President and the Vice-Presidents, and such other office- bearers or past office-bearers as may be directed by such By-Laws as hereinafter mentioned, but so that the Council, including all ex officio members thereof, shall consist of not more than 40 or less than 12 members, and that the Vice- Presidents shall be not more than 6 or less than 2 in number. And we do hereby further will and declare that the said Lindsay Wood shall be the first President of the Society, and the persons now being the Vice-Presidents, and the Treasurer and Secretary, shall be the first Vice-Presidents, and the first Treasurer and Secretary, and the persons now being the members of the Council shall be the first members of the Council of the Society, and that they respectively shall continue such until the first election shall be made at a general meeting in pursuance of these presents. And we do hereby further will and declare that, subject to the powers by these presents vested in the general meetings of the Society, the Council shall have the management of the Society, and of the income and property thereof, including the appointment of officers and servants, the definition of their duties, and the removal of any of such officers and servants, and generally may do all such acts and deeds as they shall deem necessary or fitting to be done, in order to carry into full operation and effect the objects and purposes of the Society, but so always that the same be not inconsistent with, or repugnant to, any of the provisions of this our Charter, or the laws of Our Realm, or any By-Law of the Society in force for the time being. And we do further will and declare that at any general meeting of the Society, it shall be lawful for the Society, subject as hereinafter mentioned, to make such By-Laws as to them shall seem necessary or proper for the regulation and good government of the Society, and of the Members and affairs thereof, and generally for carrying the objects of the Society into full and complete effect, and particularly {and without its being intended hereby to prejudice the foregoing generality) to make By-Laws for all or any of the purposes hereinafter mentioned, that is to say : for fixing the number of Vice-Presidents, and the number of members of which the Council shall consist, and the manner of electing 230 BOOK II LITERARY AND SCIENTIFIC INSTITUTIONS. the President and Vice-Presidents, and other members of the Council, and the period of their continuance in office, and the manner and time of supplying any vacancy therein, and for regulating the times at which general meetings of the Society and meetings of the Council shall be held, and for convening the same and regulating the proceedings thereat, and for regulating the manner of admitting persons to be members of the Society, and of removing or expelling members from the Society, and for imposing reasonable fines or penalties for non-performance of any such By-Laws, or for disobedience thereto, and from time to time to annul, alter, or change any such By-Laws ; so always that all By-Laws to be made as aforesaid be not repugnant to these presents, or to any of the laws of our Realm. And we do further will and declare that the present Rules and Regulations of the Society, so far as they are not in- consistent with these presents, shall continue in force, and be deemed the By-La ws of the Society until the same shall be altered by a general meeting. Provided always that the present Rules and Regulations of the Society, and any future By-Laws of the Society so to be made as aforesaid, shall have no force or effect whatsoever until the same shall have been approved in writing by our Secretary of State for the Home Department. In witness whereof we have caused these our letters to be made Patent. Witness ourself at our Palace, at Westminster, this day of in the year of our reign. VICTORIA R. 231 PAET HI. PRECEDENTS OF BY-ZAWS AND REGULATIONS. I. RULES FOR A COUNTRY TOWN CLUB FOR GENTLEMEN, FORMED UNDER THE "COM- PANIES ACTS, 1862, 1867, AND 1877." RULES OF THE CLUB, LIMITED. 1. The " Club," is a non-political Club. 2. It shall consist of not more than members, but this number may be increased from time to time as the Committee may determine. 3. The Club shall be under the management of a Com- mittee appointed according to the provisions of the Articles of Association. 4. Candidates must be proposed by one member of the Club and seconded by another. The candidate's name, rank, residence, and profession or occupation (if any) must, together with the names of his proposer and seconder, be entered upon a form provided for the purpose, which form, dated and countersigned by the Secretary, shall be exhibited in the principal room of the Club-house at least 7 days previously to the day of ballot. The names of the proposer and seconder must be either in their own handwriting or in that of the Secretary, duly authorised in writing. The proposer must certify to a personal knowledge of the candidate. 5. No candidate shall be elected until he shall have attained the age of 18 years. 6. The election of members, after the first 100, is vested in the members generally, and shall be by ballot. Fifteen. 232 BOOK II LITERARY AND SCIENTIFIC INSTITUTIONS. members of the Club shall be a quorum for such ballot, and one black ball in every five balls shall exclude. A candidate who may be rejected can only be ballotted for once again, except with the sanction of the Committee. 7. Ballots for the election of members shall take place under the superintendence of at least one member of the Committee, on Saturdays, between the hours of 3 and 4 P.M. The member of the Committee in attendance for this purpose shall declare the opening and closing of the ballot, and the result. 8. The entrance fee "on admission to the Club is for the present guineas, but power is vested in the Committee to increase the entrance fee if they shall see fit. 9. The annual subscription is guineas for the first 100 members, but power having been vested in the Committee to increase the annual subscription when the number of 100 members was made up, it is for the present fixed at guineas. 10. The subscription of every member is payable in advance ; and in the case of annual members, is due on the 1st day of January in each year. 11. No newly-elected member shall be eligible to participate in any of the advantages or privileges of the Club until he has paid the sum due from him on his admission. 12. Members elected after the 1st day of July in any year will be called upon to pay only one-half the ordinary annual subscription for the current year. 13. Members who shall reside out of England for more than six months, and who shall have previously given notice to the Secretary of their intention to do so, shall be entitled to have the proportionate part of their subscription remitted for every whole period of six months during which they are so absent. 14. Every member failing to pay his annual subscription, due on the 1st of January, shall, on the first Monday in February following, be applied to by the Secretary ; and if his subscription be not paid on or before the 1st of March, his name shall be exhibited in a conspicuous place in the principal room of the Club-house ; and if his subscription be not paid on or before the 1st of April, the said member shall cease to be a member of the Club, but the Committee may re-admit him as a member if they think fit. 15. Members wishing to resign must notify their wish by a letter to the Secretary not later than the 31st day of December. PAET III PRECEDENTS OF BY-LAWS, ETC. 233 16. Any member who shall use the Club-house after the 1st of January, in any year, shall be liable to pay his sub- scription for that year. 17. An ordinary annual member shall have the privilege of introducing from time to time to the Club one friend, not being a resident at or within 10 miles; but this privilege, so far as regards one and the same person, is only to last for 4 consecutive days (Sunday not counting), and is not to be exercised more than twice in the course of the year in favour of the same person, and provided that such friend shall not have been so introduced by any other member of the Club during 3 months previously. The names and addresses of persons thus introduced to the Club-house, together with the names of the members introducing them, shall be entered in a book, to be called the " Strangers' Book," kept for that purpose. 18. Sons of members shall be admissible as members of the Club upon paying the usual entrance fee and one-half the usual annual subscription during the time of their father's membership and whilst they reside with him, and are under 25 years of age. 19. A candidate for admission as a member for a period less than a year must not be resident in nor within 10 miles of the Club-house. When his nomination paper has been duly signed by his proposer and seconder, he may, provided 2 members of the Committee (not being either the proposer or seconder), countersign it, temporarily use the Club-house on depositing his subscription with the Secretary, pending an opportunity for his name to be put up for ballot on the customary balloting day. A candidate who pays his subscription, and is afterwards rejected on the ballot, shall have the subscription which he has paid returned to him. A short-period member, at the expiration of the period for which he has been admitted, may renew his sub- scription from time to time if the Committee think fit, in which case he will be called upon to pay only the difference between the sum he has already paid and that payable under Rule 20 for the period to which he purposes to extend his membership. A short-period member has not the privilege of introducing a friend or of voting at a ballot for annual members ; he may, however, nominate short- period members. 20. Short-period members shall pay according to the following scale : 234 BOOK II LITERARY AND SCIENTIFIC INSTITUTIONS. s. d. For a fortnight 10 6 For 2 months 110 For 3 months 1 11 6 For 4 months 220 For 6 months 330 21. A book shall be kept in the principal room, in which members may enter complaints and suggestions ; and this book shall be laid before the Committee at every ordinary meeting. 22. Any member who shall cease to belong to the Club, either by resignation or otherwise, shall not have any part of his annual subscription for the current year returned to him. 23. In case the conduct of any member, either in or out of the Club-house, shall, in the opinion of the Committee, be injurious to the character and interests of the Club, the Committee is empowered to call upon such member to resign; and if he should not do so, the Committee may erase his name from the list of members, and he shall thenceforth be ineligible to enter the Club-house. 24. Every member shall discharge all expenses which he may have incurred in the Club-house before leaving it. Any breach of this rule shall be reported to the Committee at its next meeting. 25. No member of the Club shall individually give orders for any article to be supplied to the Club, or in any other way pledge the credit of the Club. 26. No smoking shall be allowed in the Club-house except in the billiard-room, and in such other room (if any) as the Committee may set apart for that purpose. 27. The conduct of a servant of the Club shall in no case be made a matter of personal reprimand by any member; but all complaints against servants shall be made by a letter to the Secretary, signed by the member complaining. 28. No placard or paper of any sort, whether written or printed, shall be exhibited in any part of the Club-house without the sanction of the Committee. 29. No member shall give any money or gratuity to any servant of the Club upon any pretence 1 whatsoever. 30. No member is on any account to bring a dog or any other animal into the Club-house. 31. No member shall take or permit to be taken from the Club-house, upon any pretence whatsoever, any newspaper, pamphlet, or other article, which is the property of the Club. PART III PRECEDENTS OF BY-LAWS, ETC. 235 32. No game of hazard shall on any account be played nor dice be used in the Club-house, except for Backgammon. 33. Any deviation from the 2 last-mentioned rules shall, on satisfactory proof being laid before the Committee, involve the immediate expulsion of the offending member or members. 34. The Club-house shall be opened at 9 A.M., from May to September inclusive ; during the remainder of the year at 10 A.M. The Club shall be closed all the year round at 10 P.M. The Club-house shall not be opened at all on Sundays, Good Friday, and Christmas-Day. 35. The permanent library of the Club shall be under the direction of the Committee, and shall be open to the contri- butions of the members, whose names will be recorded. 36. The general business of the Club shall be managed by the Committee, who may make all such regulations (not inconsistent with the " Companies Acts, 1862, 1867, and 1877," the Articles of Association, or these General Rules) as they shall from time to time think necessary for the internal management and well-being of the Club, and the decision of the Committee thereon shall be binding upon all the members of the Club. 37. Members of the Club who are not shareholder^ are entitled to attend the annual meetings of the Company and to speak thereat, but they are not entitled to take part in any vote save as to the election of members of the Committee. 38. No subject which does not relate to the business of the Club shall be brought forward for discussion at any annual general meeting ; and notice of any subject which is to be brought forward by a member of the Club shall be given in writing to the Secretary, and shall be posted up in the prin- cipal room of the Club-house at least 7 days previous to the meeting. 39. Every member shall keep the Secretary informed from time to time as to his address, and all notices sent by Post to such address shall be deemed to be duly delivered. 40. These Rules shall be printed, and, together with a list of the Committee and members, shall be transmitted to every member on his election, but no member shall be absolved from the effect of these rules on the ground that he has not received a copy of them. 236 BOOK II. LITEEARY AND SCIENTIFIC INSTITUTIONS. II. RULES FOR A CHURCH INSTITUTE OR READING ROOMS, UNDER A TRUST. EULES OF THE CHURCH INSTITUTE. Name and Objects of the Institute. 1. This Society shall be called " The Church Insti- tute " ; its objects being the maintenance and advancement of the principles of the Church of England, the promotion of general knowledge in subordination to Religion, and the encouragement of kindly intercourse among all members of the Church of England. Means of advancing the Olqects. 2. The means proposed for carrying out the above-men- tioned objects are, providing and maintaining suitable pre- mises, to contain Library, Reading, and Class Rooms ; the delivery of Lectures, and the formation of Classes for religious and general instruction; the establishment of a Reference Library for the use of Sunday School teachers, and to promote the efficiency of Sunday Schools ; also to promote the forma- tion of Branch Institutes within the Deanery. Trustees and Property. 3. The property of the Institute, as acquired, is and shall be vested in [6] Trustees, to be elected by the Council ; and when any Trustee or Trustees of the property of the Institute shall die, or desire to be discharged, or refuse or decline or become incapable to act, or shall cease to be a member of the Church of England, the Council of the said Institute shall have power to appoint a new Trustee or Trustees ; and, upon every such appointment, the number of Trustees may be increased or reduced, so that the number be not reduced below 3. 4. The property of the Institute shall not be alienated or disposed of, except by the direction of the Council for the time being, of which contemplated alienation or disposition notice shall have been posted in the Library 14 days previous to such alienation or disposition. 5. The Council may, so often as occasion shall require, pur- chase any land or property within the Parish of PART III PRECEDENTS OF BY-LAWS, ETC. 237 for the purposes of the Institute, out of the funds of the Institute, or any moneys given or subscribed to it, and shall cause such land or property to be conveyed to the Trustees of the property of the Institute, upon trust for promoting the objects of the Institute, and in such manner and form, and with and subject to such trusts, powers, and provisions as shall be judged by the Council for the time being to be expe- dient ; and the signature of the President for the time being (if it shall be considered desirable that it should be given) to any deed or deeds shall be deemed conclusive evidence that the trusts, powers, and provisions contained therein have been approved of, and judged expedient by the Council ; but such signature shall not be essential or necessary to be required. Oovemment. 6. The Rector [Vicar] of for the time being shall be, ex officio, President, if willing to act. 7. The affairs of the Institute shall be under the manage- ment of a President, [6] Vice-Presidents (3 clerical and 3 lay), a Treasurer, [3] Honorary Secretaries (1 clerical and 2 lay), 2 Auditors, and an Executive Council, consisting of the Vicar of every parish in the Deanery, and [2] lay members from each such parish, and a number not exceeding [20] of the other lay members, every such person being a subscriber. Retirement of Officers. 8. That the Vice-Presidents, Treasurer, Honorary Secre- taries, Auditors, and Lay Members of the Executive Council shall retire annually, but shall be eligible for re-election. Members eligible for Office, or to vote. 9. Members above 20 years of age shall alone be eligible for office, or to vote. A list of those thus qualified shall be placed in the reading-room 14 days previous to the annual meeting. Each person proposed for office must have been a member of the Institute for at least 6 months previously. Vacancies. 10. The Council shall have power to supply any vacancy which may occur in any office during the year, by electing some other member of the Institute. 238 BOOK II LITERARY AND SCIENTIFIC INSTITUTIONS. Annual General Meeting. 11. A General Meeting shall be held each year, within 30 days after Easter, of which notice shall be given in the local newspapers and on the notice board of the Institute. At this meeting a report of the past year's proceedings shall be pre- sented by the retiring Council, and the Council for the ensuing year elected. Meetings of the Council. 12. The Council shall meet on the [third Tuesday] in each month, without being specially summoned. Any Member of the Executive Council, residing within the Borough, neglect- ing to attend 3 successive meetings, shall receive notice of such neglect from the Secretaries ; and if he fail to attend the next meeting, he shall be considered to have resigned his office unless he shows satisfactory cause for such absence. Committees. 13. At the first meeting of the Council, after the Annual Meeting, Committees shall be appointed out of its members for the efficient working of the various departments of the Institute ; each Committee shall consist of not less than 5 members of the Council. The proceedings of each Committee shall be subject to the approval of the Council. The President and Vice-Presidents of the Institute, Treasurer, the Honorary Secretaries and Auditors shall be, ex officio, members of each Committee. Special General Meeting. 14. The President may, whenever he considers it necessary, or on the requisition in writing of [15] members of the Council, or of [25] members of the Institute, call a special general meeting of the members of the Institute, and the object of such meeting shall be stated in the notice calling such meeting. Membership. 15. Members shall be of two classes honorary members subscribing not less than [one guinea], and ordinary members not less than [5s.] per annum. Subscriptions shall be due in advance, and may be paid in one amount on the 1st of April in each year, or in two sums on the 1st of April and the 1st of October, and this subscription shall entitle members to all privileges. Any member neglecting to pay his or her sub- PART III. PRECEDENTS OF BY-LAWS, ETC. 239 scription for six weeks after the same shall be due shall, after receiving notice from the Librarian (unless it be paid within a week of such notice), cease to be a member of the Institute. Candidates for admission to the Institute, on depositing with the Librarian the amount of their subscriptions, may be admitted provisionally, subject to confirmation. The Council may reject or confirm the admission, from time to time, of members, and shall have power to expel anyone. Any person so expelled shall forfeit any privileges to which his subscrip- tion would have entitled him. Members' Privileges. 16. Members paying annually half-a-guinea shall be entitled to one extra ticket of admission to all Lectures of the Institute. Members' Cards. 17. Every person, on admission, shall be furnished with a copy of the Rules gratis, and a card, which shall entitle such person to the privileges of the Institute, in accordance with its Rules and Regulations. Such cards must be produced (if required) before admission to the Institute or its privileges. Admission to Lectures. 18. Non-members may be admitted to attend the Lectures or entertainments provided at the expense of the Institute, on the payment of such sum as shall from time to time be determined by the Council. The Council shall also have power to make a charge to members for admission to lectures or entertainments when they find it necessary or expedient to do so. Duties of Honorary Secretaries. 19. The Honorary Secretary shall enter Minutes of all meetings of the Council in a Minute-book, which shall be read at the next meeting, and signed by the Chairman, and shall discharge such other duties as the Council may from time to time appoint. Duties of the Treasurer. 20. The Treasurer shall receive all moneys from the officer of the Institute duly authorised to collect the same ; he shall have charge of all funds, and make all payments on account of the Institute, according to the orders of the Council, to 240 BOOK II LITERARY AND SCIENTIFIC INSTITUTIONS. whom also his books shall at all times be open for inspection. He shall keep fair and accurate accounts of his receipts and disbursements. He shall not retain in his hand any sum exceeding [<10], but when the balance in hand exceeds that amount, he shall pay it to the account of the Institute in such bank as the Council may appoint. Duties of the Auditors. 21. The Auditors shall audit and sign the Treasurer's accounts previously to their being laid before the annual meeting. Duties of the Librarian. 22. The Librarian shall, under the Council, have the charge and control of the Institute ; he shall collect the subscrip- tions, contributions, and other moneys, and hand over all sums received to the Treasurer at least once a week ; he shall keep the books and accounts of the Institute, attend meetings, and, in the absence of the Honorary Secretaries, take and preserve the Minutes of meetings, enrol the names of mem- bers, issue cards of membership, and transact the general business of the Institute. Accounts. 23. The accounts of the Institute shall be made up to the end of March in each year, and together with all books of accounts, bills, vouchers, receipts, and other documents relat- ing thereto, shall be laid before the Auditore one week before the annual meeting. Register of Members. 24. The name and residence of each member shall be entered in a book, to be kept for the purpose ; and when any member changes his or her residence, such change shall be signified to the Librarian. Formation of Special Classes. 25. The Council shall, as they may deem necessary, form classes, and appoint teachers ; they shall also fix the contri- butions of members who take advantage of them. Admission to Special Classes. 26. Members may, by applying to the Librarian, be admitted to any classes of the Institute, on paying the con- PART III PRECEDENTS OF BY-LAWS, ETC. 241 tribution specified. They shall also be at liberty, under the sanction of the Council, to form themselves into classes for mutual benefit and improvement. Rooms may be used for Meetings, etc., not connected with the Institute. 27. The Council shall have power to grant the use of any of the rooms of the Institute for entertainments and meetings not connected with the Institute, on such terms as they may from time to time determine. Privileges of Members of other Church Institutes. 28. Members of Church Institutes beyond the limits of the Deanery are allowed to avail themselves of this Institute during their temporary residence in the town, on producing their cards of membership to the Librarian, and entering their names in a book kept for that purpose. By-Laws. 29. The Council shall have power from time to time to make By-Laws and Regulations, so that the same be not inconsistent with these Rules ; and should any case of doubt or difficulty occur, which is not provided for by any Rule or By-Law, it shall be determined by resolution of the Council. A copy of the By-Laws is to be exhibited in each department to which the same may have reference. Alteration of Rules. 30. No proposition for any new Rule, or for altering or repealing any existing Rule of the Institute, shall be enter- tained, unless it be in writing, and either recommended by the Council or signed by at least [25] members of the Insti- tute, and delivered to the President, who shall thereupon call a special general meeting not less than [14] days after the receipt thereof. And no Rule shall be repealed or altered, or any new Rule adopted, except by [two-thirds] of those mem- bers present at such meeting. Dissolution of the Institute. 31. No resolution for dissolving the Institute shall be passed, unless it be proposed in the manner prescribed for the altera- tion of Rules, and be passed at 2 successive special general meetings, nor unless at least [four-fifths] of the members be present. 242 BOOK II LITERARY AND SCIENTIFIC INSTITUTIONS. III. EULBS FOR A VILLAGE WORKMEN'S CLUB. Name. J. The Club shall be called the " Workmen's Club." Constitution. 2. The Club shall consist of all members elected according to the following Rules, who shall pay the subscription fixed, and conform to the Rules. Objects. 3. The objects aimed at shall be social intercourse and healthy recreation, and the mental, moral, and spiritual improvement of the members. Management. 4. The Club shall be under the management of a Committee of 12 persons, 8 of whom must be working men, chosen by the members, whilst the other 4 may be nominated by the Trustees of the Club for the time being. In default of such nomination at or prior to the annual general meeting, these 4 members shall be chosen by the members either from the ordinary or from the honorary members. The elected mem- bers shall retire annually, but shall be eligible for re-election. Should any member absent himself from 3 Committee meet- ings in succession without giving a sufficient reason, his seat shall be deemed vacant, and the vacancy shall be filled by the Committee. The Committee shall meet for the transaction of ordinary business on the 1st [Monday] in every month, or on such other day as may be considered desirable by the Com- mittee, 3 to form the quorum. For special business, of which 3 clear days' notice shall be given by the Secretary, 5 mem- bers are to form the quorum. Eledion of Members. 5. A member may introduce to the Club a candidate for membership (not, however, under 19 years of age, except with the special permission of the Committee), by writing the candidate's name, together with his own, in a book kept for PAKT III PRECEDENTS OF BY-LAWS, ETC. 243 the purpose. By paying his subscription, such candidate shall become entitled to all the privileges of membership till the next Committee meeting, when he will be ballotted for. Terms of Membership. 6. Members are to be of 2 classes : ordinary and honorary. Ordinary members shall be working men, and pay 2d. per week, 8d. per month, Is. 9d. per quarter, 3s. 6d. per half-year, or 7s. per year in advance. Holders of quarterly, half- yearly, and annual tickets are to be admitted free to the gallery, and at half-price to the body of the hall, to the Popular Readings or any other entertainments. Cards of membership will be provided. Those for half-yearly and annual members will be coloured, and such cards must be shown at the doors at each entertainment to ensure free admission, and as often as demanded by any member of the Committee or officer of the Club. All persons who have been members for at least 3 months shall be entitled to vote at the annual meeting. Honorary members shall subscribe not less than 10s. 6d. per annum. A list of the honorary members will be posted in the Reading Room. Hours of Opening. 7. The Club shall be opened daily (Sundays excepted) from 5.30 A.M. to 10 P.M. from March to October, and from 6.30 A.M. to 10 P.M. from November to February. Games. 8. Neither betting, gambling, cards, nor dice shall be allowed ; but Bagatelle, Dominoes, Draughts, Chess, Solitaire, and Fox-and-Geese shall be provided by the Committee. No other games shall be used without being first sanctioned by the Committee. Steivard of the Club. 9. The Steward shall be nominated by the Committee, and the nomination shall then be submitted to the Trustees for the time being for approval. If such approval is given, the appointment shall be considered complete ; otherwise a fresh nomination must be made by the Committee, and submitted in like manner, until some nominee is approved as aforesaid. Any complaint against the management of the Steward shall be made to the Committee, in writing, at their next meeting, K 2 244 BOOK II. LITERAKY AND SCIENTIFIC INSTITUTIONS. and, if they consider it necessary, they shall report thereon to the Trustees. Use of the Lecture Room. 10. The Committee shall be empowered to make arrange- ments for the loan or letting of the Lecture Room for purposes not inconsistent with the fundamental principles of the Club. Annual General Meeting. 11. An annual general meeting of the members for the election of the Committee shall be held in the 1st week in [October], when a Statement of Accounts for the past year, ending on the [29th day of September], shall be produced. Alteration of Rules. 12. No new Rule shall be made, or old one altered, without the consent of three-fourths of the Committee, at a special meeting called for the purpose of considering the matter. Construction of Rules. 13. Should any dispute arise as to the meaning of any of these Rules, the decision of the Committee thereon shall be final. Miscellaneous Rules. 14. Any 2 members of the Committee shall have power to remove from the building any member who conducts himself offensively. 15. No bad language or quarrelling shall be permitted. 16. No intoxicated person shall be admitted, and no intoxi- cating drinks shall be brought on to the premises. 17. All wilful damage done to the property of the Club shall be paid for by the offender. 18. No smoking shall be allowed except in the room or rooms set apart for the purpose. 19. Every member playing at any game shall count the pieces before returning them, and shall be liable for any that are lost or damaged by him. No one shall play more than 2 games in succession if any other members are waiting to play. 20. Every member shall assist in carrying out the Rules, in keeping order, and in protecting the property of the Club. PART III. PRECEDENTS OF BY-LAWS, ETC. 245 21. A book shall be kept wherein may be entered remarks and suggestions by members ; and also a box to receive donations from visitors interested in the welfare of the Club. 22. The outgoing Committee shall take stock of all the property of the Club, preparatory to handing the same over to the incoming Committee. 23. A copy of this code of Rules shall be printed in large type, and shall be posted in every room. 246 PART IV. STATUTES RELATING TO LITERARY AND SCIEN- TIFIC INSTITUTIONS. FOR a statement of the principles upon which these Statutes have been arranged and printed, see the Introduction to Part IV. of Book I. (ante, p. 70). 1708. [7 Anne] Parochial Libraries. [c. 14] 7 ANNE, 14. Revised An Act for the better preservation of Parochial Libraries in Statutes, that p ari O f Great B r it a i n called England. 1708. vol. i. p. 840. WHEREAS in many places in the south parts of Great Britain Reasons called England and Wales the provision for the clergy is so mean that the necessary expense of books for the better prose- cution of their studies cannot be defrayed by them. And whereas of late years several charitable and well-disposed persons have by charitable contributions erected Libraries within several Parishes and Districts in England and Wales, but some provision is wanting to preserve the same and such others as shall be provided in the same manner from embezzle- ment : Be it therefore enacted, etc. 1. In every Parish or place where such a Library is or shall be erected, the same shall be preserved for such use and uses as the same is and shall be given, and the orders and rules of the founder or founders of such Libraries shall be observed and kept. PART IV STATUTES. 7 ANNE, c. 14. 247 2. And for the encouragement of such founders and bene- incumbent factors, and to the intent they may be satisfied that their j n t se- 1 pious and charitable intent may not be frustrated, be it also curity for enacted, by the authority aforesaid, that every Incumbent, tioTo?* Rector, Vicar, Minister, or Curate of a Parish, before he shall Library, be permitted to use and enjoy such Library, shall enter into such security, by bond or otherwise, for preservation of such Library and due observance of the rules and orders belonging to the same, as the proper Ordinaries, within their respective jurisdictions, in their discretion shall think fit, and in case any book or books belonging to the said Library shall be taken away and detained, it shall and may be lawful for the said Incumbent, Rector, Vicar, Minister, or Curate for the time being, or any other person or persons, to bring an Action of Trover and Conversion in the name of the proper Action for Ordinaries, within their respective jurisdictions, whereupon t^ed. e treble damages shall be given, with full costs of suit, as if the same were his or their proper book or books, which damages shall be applied to the use and benefit of the said Library. 3. And it is further enacted, by the authority aforesaid, ^^. er to that it shall and may be lawful to and for the proper Ordinary toViqumj or his Commissary or official in his respective jurisdiction, into or the Archdeacon, or, by his direction, his official or Surro- Libraries gate, if the said Archdeacon be not the Incumbent of the place where such Library is, in his or their respective Visita- tion, to inquire into the state and condition of the said Libraries, and to amend and redress the grievances and defects of and concerning the same, as to him or them shall o * seem meet, and it shall and may be lawful to and for the proper Ordinary from time to time, as often as shall be thought fit, to appoint such person or persons as he shall think fit to view the state and condition of such Libraries, and the said Ordinaries, Archdeacons, or officials respectively shall have free access to the same at such times as they shall respectively appoint. 4. And be it also further enacted, by the authority afore- incumbent said, that where any Library is appropriated to the use of the an^n a Minister of any Parish or place, every Rector, Vicar, Minister, Catalogue. or Curate of the same, within 6 months after his institution, induction, or admission, shall make or cause to be made a new catalogue of all books remaining in or belonging to such Library, and shall sign the said catalogue, thereby acknow- ledging the custody and possession of the said books, which said catalogue so signed shall be delivered to the proper 248 BOOK II LITEKAEYAND SCIENTIFIC INSTITUTIONS. Catalogue to be de- livered to Ordinary. Upon death or removal of Hector, the Library to be locked, etc., by Church- warden. Proviso when Library is used for public business. Kegister of books given, etc., to be kept. Ordinary within the time aforesaid, to be kept or registered in his Court, without any fee or reward for the same. 5. And be it further enacted by the authority aforesaid, that where there are any parochial libraries already erected, the Incumbent, Rector, Vicar, Minister, or Curate of such Parish or place may make or cause to be made a catalogue of all books in the same, thereby acknowledging the custody and possession thereof, which catalogue so signed shall be delivered to the proper Ordinary on or before the 29th day of September, which shall be in the year of our Lord 1709, and where any Library shall at any time hereafter be given and appropriated to the use of any Parish or place where there shall be an Incumbent, Eector, Vicar, Minister, or Curate in possession, such Incumbent, Rector, Vicar, Minister, or Curate, shall make or cause to be made a catalogue of all the books, and deliver the same as aforesaid, within 6 months after he shall receive such Library. 6. And to prevent any embezzlement of books upon the death or removal of any Incumbent, be it also enacted by the authority aforesaid that immediately after the death or re- moval of any Incumbent, Rector, Vicar, Minister, or Curate, the Library belonging to such Parish or place shall be forth- with shut up and locked or otherwise secured by the Church- warden or Churchwardens for the time being, or by such person or persons as shall be authorised or appointed by the proper Ordinary or Archdeacon respectively, so that the same shall not be opened again till a new Incumbent, Rector, Vicar, Minister, or Curate, shall be inducted or admitted into the Church of such Parish or place. 7. Provided always that in case the place where such Library is or shall be kept, shall be used for any publick occasion, for meeting of the Vestry or otherwise, for the dispatch of any business of the said Parish or for any other publick occasion for which the said place hath been ordinarily used, the place shall nevertheless be made use of as formerly for such pur- poses, and after such business despatched shall be again shut and lockt up or otherwise secured as is before directed. 8. And be it also further enacted by the authority aforesaid that for the better preservation of the books belonging to such Libraries, and that the benefactions given towards the same may appear ; a book shall be kept within the said Library for the entering and registering of all such benefactions, and such books as shall be given towards the same, and therein the Minister, Rector, Vicar, or Curate of the said Parish or place PART IV STATUTES. 7 ANNE, c. 14. 249 shall enter or cause to be fairly entered such benefaction, and an account of all such books as shall from time to time be given, and by whom given. 9. And for the better governing the said Libraries and Ordinary preserving of the same, it is hereby further enacted by the j^g 1 ^ 6 authority aforesaid, that it shall and may be lawful to and for orders con- the proper Ordinary together with the donor of such benefac- ^^aTy tion (if living), and after the death of such donor for the proper Ordinary alone, to make such other rules and orders concerning the same over and above and besides but not contrary to such as the donor of such benefaction shall in his discretion judge fit and necessary, which said orders and rules so to be made from time to time be entered in the said book or some other book to be prepared for that purpose and kept in the said Library. 10. And it is further enacted and declared by the authority Books not aforesaid that none of the said books shall in any case be alienable nor any book or books that shall hereafter be given by any benefactor or benefactors shall be alienated without the consent of the proper Ordinary, and then only when there is a duplicate of such book or books, and that in case any book or books be taken or otherwise lost out of the said Library, it shall and may be lawful to and for any Justice of Peace within the said County, Riding, or Division, to grant his warrant to search for the same, and in case the same be found, such book or books so found shall immediately by order of such Justice be restored to the said Library, any laAv, statute, or usage to the contrary in anywise notwithstanding. 11. Provided always that nothing in this Act contained Proviso as shall extend to a Publick Library lately erected in the Parish io p i - bra T y of Ryegate, in the County of Surrey, for the use of the free- holders, Vicar, and inhabitants of the said Parish, and of the gentlemen and clergymen inhabiting in parts thereto adjacent, the said Library being constituted in another manner than the Libraries provided for by this Act. (a) (a) Annexed to the original Act by a separate Schedule. 250 BOOK II LITERARY AND SCIENTIFIC INSTITUTIONS. 1799. [39 Geo. III.] Specific Legacies Exemption. [c. 73] Revised Statutes, 2nd ed. vol. ii. p. 841. Exemption of certain legacies from Duty. 39 GEO. III. 73. An Act for exempting certain specific^ Legacies which shall be given to Bodies Corporate or other Public Bodies from the payment of Duty. [12th July, 1799. WHEREAS it is expedient that certain specifick legacies given to Bodies Corporate and other Public Bodies and Societies should be exempted from the Duties imposed on legacies : Be it enacted, etc. From and after the passing of this Act no legacy consisting of books, prints, pictures, statues, gems, coins, medals, speci- mens of Natural History, or other specifick articles, which shall be given or bequeathed to or in trust for any Body Corporate, whether aggregate or sole, or to the Society of Serjeants Inn, or any of the Inns of Court or Chancery, or any endowed school, in order to be kept and preserved by such Body Corporate, Society, or School, and not for the purposes of Sale, shall be liable to any Duty imposed on legacies by any law now in force. 1848. [6 & 7 Viet.] Scientific Societies Exemption. ti [c. 36] Revised Statutes, 2nd ed. vol. vii. p. 56. Scientific Societies exempted from Rates upon ob- taining a Certificate. 6 & 7 VICT. 36. An Act to exempt from County, Borough, Parochial, and other Local Rates, Land and Buildings occupied by Scientific or Literary Societies. [28th July, 1843. 1. No person or persons shall be assessed or rated, or liable to be assessed or rated, or liable to pay, to any County, Borough, Parochial, or other Local Rates or Cesses, in respect of any land, houses, or buildings, or parts of houses or buildings, belonging to any Society instituted for purposes of Science, Literature, or the Fine Arts exclusively, either as tenant or as owner, and occupied by it for the transaction of its busi- PAET IV STATUTES 6 & 7 VICT. c. 36. 251 ness, and for carrying into effect its purposes, provided that such Society shall be supported wholly or in part by annual voluntary contributions, and shall not, and by its laws may not, make any dividend, gift, division, or bonus in money unto or between any of its members, and provided also that such Society shall obtain the Certificate of the Barrister-at- Law or Lord Advocate, as hereinafter mentioned. 2. Provided always that before any Society shall be entitled Scientific to the benefit of this Act such Society shall cause 3 copies of f^ 1 ^ all laws, rules, and regulations for the management thereof, Copies of signed by the President or other chief officer and 3 members j e ^ ^f s of the Council or Committee of Management, and counter- mittedto signed by the Clerk or Secretary of such Society, to be sub- ^pointeT mitted, in England, Wales, and Berwick-upon-Tweed, to the to certify Barrister-at-Law for the time being appointed to certify the ^Friendi Rules of Friendly Societies there, and in Scotland to the Societies. Lord Advocate, or any Depute appointed by him to certify the Rules of Friendly Societies there, and in Ireland to the Barrister for the time being appointed to certify the Rules of Friendly Societies there, for the purpose of ascertaining whether such Society is entitled to the benefit of this Act ; And such Barrister or Lord Advocate, as the case may be, shall give a Certificate on each of the said copies that the Society so applying is entitled to the benefit of this Act, or shall state in writing the grounds on which such Certificate is withheld ; And one of such copies, when certified by such Barrister Disposition or Lord Advocate, shall be returned to the Societv, another of s . uch 00*0168 copy shall be retained by such Barrister or Lord Advocate, and the other of such copies shall be transmitted by such Barrister or Lord Advocate to the Clerk of the Peace for the Borough or County where land or buildings of such Society in respect of which such exemption is claimed shall be situated, and shall by him be laid before the Recorder or Justices for such Borough or County at the General Quarter Sessions, or adjournment thereof, held next after the time when such copy shall have been so certified, and transmitted to him as aforesaid, and the Recorder or Justices then and there present are hereby authorised and required, without motion, to allow and confirm the same ; and such copy shall be filed by such Clerk of the Peace with the Rolls of the Sessions of the Peace in his custody, without fee or reward. 3. If the laws, rules, and regulations of any such Society Certain shall be altered, so as to affect or relate to the property or j^*^* 10113 252 BOOK II. LITERARY AND SCIENTIFIC INSTITUTIONS. Rules to be certified and de- posited in like manner. In case of refusal to certify. Fee for Certificate. Where Certificate is refused. Appeal to Quarter Sessions. constitution of such Society, such alterations shall, within one calendar month after the same shall have been made, be sub- mitted to such Barrister or Lord Advocate, and such Barrister or Lord Advocate shall certify as aforesaid ; and such rules, when so certified, shall be filed with the Clerk of the Peace as aforesaid ; and in the meantime such Society shall be entitled to the benefit of this Act, as if no such alterations had been made : Provided always, that if the said Barrister or Lord Advocate shall refuse to certify, that then, subject to such appeal as is hereinafter provided, the said Society shall cease to be entitled to the benefit of this Act from the time when such alterations shall come into operation. 4. Provided always that the fee payable to such Barrister or Lord Advocate for perusing the laws, rules, and regulations of each Society, or the alterations made therein, and giving such Certificate or Statement as aforesaid, shall not at any one time exceed the sum of one guinea, which, together with the expense of transmitting the rules to and from the said Barrister or Lord Advocate, shall be defrayed by each Society respectively. 5. Provided always that in case any such Barrister or Lord Advocate shall refuse to certify that any such Society is entitled to the benefit of this Act, it shall then be lawful for any such Society to submit the laws, rules, and regulations thereof to the Court of Quarter Sessions for the Borough or County where the land or buildings of the Society shall be situated, together with the reasons so assigned by the said Barrister or Lord Advocate as aforesaid ; And the Recorder or Justices at such Quarter Sessions shall and may, if he or they think fit, order the same Rules to be filed, notwithstanding such refusal as aforesaid ; and such filing shall have the same effect as if the said Barrister or Lord Advocate had certified as aforesaid. 6. Provided always that any person or persons assessed to any Bate from which any Society shall be exempted by this Act may appeal from the decision of the said Barrister or Lord Advocate in granting such Certificate as aforesaid to the said Court of Quarter Sessions, within 4 calendar months next after the first assessment of such Rate made after such Certificate shall have been filed as aforesaid, or within 4 calendar months next after the first assessment of such Rate made after such exemption shall have been claimed by such Society, such appellant first giving to the Clerk or PART IV STATUTES 6 & 7 VICT. c. 36. 253 Secretary of the Society in question, 21 days previously to the sitting of the said Court, notice in writing of his intention to bring such appeal, together with a statement in writing of the grounds thereof, and within 4 days after such notice entering into a recognizance before some Justice, with 2 sufficient sureties, to try such appeal at and abide the Order of and pay such costs as shall be awarded by the Kecorder or Justices at such Quarter Sessions ; And at such Quarter Sessions such Recorder or Justices shall, on its being proved that such notice and statement have been given as aforesaid, proceed to hear such appeal, according to the grounds set forth in such statement, and not otherwise, and if the Certificate of the said Barrister or Lord Advocate shall appear to him or them to have been granted contrary to the provisions of this Act, shall and may annul the same, and shall and may, according to their dis- cretion, award such costs to the party appealing or appealed against as he or they shall think proper, and his or their determination concerning the premises shall be conclusive and binding on all parties to all intents and purposes what- soever. [13 & 14 Viet.] Titles of Religious Congregations. [c. 28] 1850. 13 & 14 VICT. 28. An Act to render more simple and effectual the Titles by which Reused Congregations or Societies for Purposes of Religious Worship 2nd ed. or Education in England and Ireland hold Property for vo1 ^ 11 ' sucli Purposes. [15th July, 1850. E 1. Wherever Freehold, Leasehold, Copyhold, or Customary Property in England or Wales has been or hereafter shall be acquired by any Congregation or Society or body of persons associated for Religious purposes or for the promotion of Education, as a Chapel, Meeting House, or other place of Religious Worship, or as a Dwelling House for the Minister of such Congregation, with offices, garden, and glebe, or land in the nature of glebe, for his use, or as a School-house, with schoolmaster's house, garden, and playground, or as a College, Academy, or Seminary, Avith or without grounds for air, exercise, or recreation, or as a hall or rooms for the meeting Property conveyed for Re- ligious or Educa- tional purposes to vest in Successors without Convey- ance. 254 BOOK II LITERARY AND SCIENTIFIC INSTITUTIONS. Providing for pay- ment in lieu of fines on death or alienation of property of copy- hold or or transaction of the business of such Congregation or Society or body of persons, and wherever the conveyance, assignment, or other assurance of such property has been or may be taken to or in favour of a trustee or trustees to be from time to time appointed, or of any party or parties named in such con- veyance, assignment, or other assurance, or subject to any trust for the Congregation or Society or body of persons, or of the individuals composing the same, such conveyance, assignment, or other assurance shall not only vest the Free- hold, Leasehold, Copyhold, or Customary Property thereby conveyed or otherwise assured in the party or parties named therein, but shall also effectually vest such Freehold, Lease- hold, Copyhold, or Customary Property in their successors in office for the time being and the old continuing trustees, if any, jointly, or if there be no old continuing trustees, then in such successors for the time being wholly chosen and appointed in the manner provided or referred to in or by such conveyance, assignment, or other assurance, or in any separate deed or instrument declaring the trust thereof; Or if no mode of appointment be therein set forth, pre- scribed, or referred to, or if the power of appointment be lapsed, then in such manner as shall be agreed upon by such Congregation or Society or body of persons, upon such and the like trusts, and with, under, and subject to the same powers and provisions, as are contained or referred to in such conveyance, assignment, or other assurance, or in any such separate deed or instrument, or upon which such property is held, and that without any transfer, assignment, conveyance, or other assurance whatsoever, anything in such convey- ance, assignment, or other assurance, or in any such separate deed or instrument, contained to the contrary notwith- standing : Provided always, that in case of any appointment of a new trustee or trustees of or the conveyance of the legal estate in any such property being made as heretofore was by law required, the same shall be as valid and effectual to all intents and purposes as if this Act had not been passed. 2. Where such property shall be of copyhold or customary tenure, and liable to the payment of any fine, with or without a heriot, on the death or alienation of the tenant or tenants thereof, it shall be lawful for the lord or lady of the manor of which such property shall be holden, on the next appoint- ment of a new trustee or trustees thereof, and at the expiration of every period of 40 years thereafter, so long as such property PART IV. STATUTES 13 & 14 VICT. c. 28. 255 shall belong to or be held in trust for such Congregation or Society or body of persons or other party or parties to whom such property may have been or shall be conveyed for their benefit, to receive and take a sum corresponding to the fine and heriot, if any, which would have been payable by law upon the death or alienation of the tenant or tenants thereof; And such payments shall be in full of all fines payable to the lord or lady of the manner of which such property is holden, while the same shall remain the property or be held in trust for such Congregation or Society or body of persons ; And the lord or lady of such manor shall have all such powers for the recovery of such sums as such lord or lady could have had in the event of the tenant or tenants of such property having died or having alienated the same. 3. For the purpose of preserving evidence of every such choice and appointment of a new trustee or new trustees, and of the person and persons in whom such charitable estates and property shall so from time to time become legally vested, every such choice and appointment of a new trustee or new trustees shall be made to appear by some deed under the hand and seal of the chairman for the time being of the meeting at which such choice and appointment shall be made, and shall be executed in the presence of such meeting, and attested by two or more credible witnesses, which deed may be in the form or to the like effect of the Schedule to this Act annexed, or as near thereto as circumstances will allow, and may be given and shall be received as evidence in all courts and proceedings in the same manner and on the like proof as deeds under seal, and shall be evidence of the truth of the several matters and things therein contained. 4. The provisions of this Act shall extend to that part of the United Kingdom called Ireland. *****#. [ 5 is repealed by the " Statute Law Revision Act, 1875," 38 & 39 Viet. 66.] customary tenure. Appoint- ment of new trustees to be made appear by deed. Act ex- tended to Ireland. SCHEDULE to which this Act refers. MEMORANDUM of the choice and appointment of new trustees of the [describe the chapel, school, or other buildings and property] situate in the parish [or township] of in the county [riding, division, city or place] of at a meeting duly convened and held for that 256 BOOK II LITERARY AND SCIENTIFIC INSTITUTIONS. purpose [in the vestry of the said chapel'] on the [25/i] day of [April, 1850], A. B. of chairman. Names and descriptions of all the trustees on the constitution or last appointment of trustees made the day of Adam Bell of Charles Dixon of Edward Foster of George Hurst of John Jackson of Kenneth Lucas of Mattheiv Norman of Octavius Parker of Names and descriptions of all the trustees in whom the said [chapel] and premises now become legally vested. First. Old continuing trustees : John Jackson, now of Mattheiv Norman, now of Octavius Parker, now of Second. New trustees now chosen and appointed : Benjamin Adams of Charles Bell of Jonathan Edmonds of Richard Baxter of John Home of Dated this day of William Hicks, (L.S.) Chairman of the said meeting. Signed, sealed, and delivered by the said William Hides, as Chairman of the said meeting, at and in the presence of the said meet- ing, on the day and year aforesaid, in the presence of C. D. E. F. [The blanks, and parts in italics, to le filled up as the case may be.~] PART IV STATUTES 16 & 17 VICT. c. 51. 257 [16 & 17 Viet.] Succession Duty. [c. 51] 1853. 16 & 17 VICT. 51. An Act for granting to Her Majesty Duties on Succession to Revised Property, and for altering certain Provisions of the Acts fnd* e a es> charging Duties on Legacies and Shares of Personal vol. ix. Estates. [4th August, 1853. PP- 45 - 50 - 16. Where property shall become subject to a Trust for any Succession charitable or public purposes, under any past or future dis- ^us^for position, which, if made in favour of an individual, would charitable confer on him a succession, there shall be payable in respect 01 U ^ of such property, upon its becoming subject to such Trusts, chargeable a Duty at the rate of 10 per centum upon the amount or wl thDty. principal value of such property ; And it shall be lawful for the Trustee of any such property to raise the amount of any Duty due in respect thereof, with all reasonable expenses, upon the security of the Charity property, at interest, with power to him to give effectual discharges for the money so raised. [17 & 18 Viet.] Literary and Scientific Institutions, [c. 112] 1854 - 17 & 18 VICT. 112. An Act to afford greater Facilities for the Establishment of Revised Institutions for the Promotion of Literature and Science 2nd edf*' and the Fine Arts, and to provide for their better vol. ix. Regulation. [llth August, 1854. p ' 458 ' . 1. Any person in England, Wales, or Ireland, being seised Lands to in fee simple, fee tail, or for life of and in any manor or j^eTfOT* 13 lands of freehold, copyhold, or customary tenure, and having Institu- the present beneficial interest therein, may grant, convey, or tlollS} etc- enfranchise, by way of gift, sale, or exchange, in fee simple or for a term of years, any quantity not exceeding one acre of such land, whether built upon or not, as a site for any such. Institution as hereinafter described ; s 258 BOOK II LITERARY AND SCIENTIFIC INSTITUTIONS. Chancellor and Coun- cil of the Duchy of Lancaster empowered to grant land for the site of an Institution. Officers of the Duchy of Cornwall empowered to grant land for site of an Institution. Provided that no such grant made by any person seised only for life of and in any such manor or lands shall be valid, unless, if there be any person next entitled to the same in remainder in fee simple or fee tail, and if such person be legally competent, he shall be a party to and join in such grant ; Provided also, that where any portion of waste or common- able land shall be gratuitously conveyed by any Lord of a Manor for any such purpose as aforesaid, the rights of all commoners and others having interest of a like nature in the said land shall be barred and divested by such conveyance. 2. The Chancellor and Council of Her Majesty's Duchy of Lancaster for the time being, by any deed or writing under the hand and seal of the Chancellor of the said Duchy for the time being, attested by the clerk of the council of the said Duchy for the time being for and in the name of Her Majesty, her heirs and successors, may, if they see fit, grant, convey, or enfranchise, to or in favour of such Institution, any land forming part of the possessions of the said Duchy, not exceeding in the whole one acre in any one Parish, upon such terms and conditions as to the said Chancellor and Council shall seem meet ; And where any sum or sums of money shall be paid for the purchase or consideration of such land so to be granted, conveyed, or enfranchised as aforesaid, the same shall be paid into the hands of the Receiver General for the time being of the said Duchy, or his deputy, and shall be by him paid, applied, and disposed of according to the provisions and regulations contained in an Act of the 48th year of the reign of His late Majesty King George III., chapter 73, or any other Act or Acts now in force for that purpose. 3. Any 3 or more of the principal officers of the Duchy of Cornwall, under the authority of a Warrant issued for that purpose under the hands of any 3 or more of the Special Commissioners for the time being for managing the affairs of the Duchy of Cornwall, or under the hands of any 3 or more of the persons who may hereafter for the time being have the immediate management of the said Duchy, if the said Duchy shall be then vested in the Crown, or if the said Duchy shall be then vested in a Duke of Cornwall, then under the hands of any 3 or more of the principal officers of the said Duchy, or under the hands of any 3 or more of the persons for the time being having the immediate manage- ment of the said Duchy, may, if they think fit, and are so PART IV STATUTES 17 & 18 VICT. c. 112. 259 authorised, by deed grant, convey, or enfranchise to or in favour of any existing or intended Institution any land forming part of the possessions of the said Duchy of Corn- wall, not exceeding in the whole one acre in any one Parish, upon such terms and conditions as to the said Special Commissioners or principal officers, or such other person as aforesaid, as shall seem meet. 4. Provided, that upon any land so granted by way of gift as aforesaid, or any part thereof, ceasing to be used for the purposes of the Institution, the same shall thereupon imme- diately revert to and become again a portion of the estate or manor or possessions of the Duchy, as the case may be, to all intents and purposes as fully as if this Act or any such grant as aforesaid had not been passed or made, except that where the Institution shall be removed to another site the land not originally part of the possessions of either of the Duchies aforesaid may be exchanged, or sold for the benefit of the said Institution, and the money received for equality of exchange or on the sale may be applied towards the erection or establishment of the Institution upon the new site. 5. Where any person shall be equitably entitled to any manor or land, but the legal estate therein shall be vested in some Trustee or Trustees, it shall be sufficient for such person to convey the land proposed to be granted for the purpose of this Act, without the Trustee or Trustees being party to the conveyance thereof. And where it is deemed expedient to purchase for the purpose aforesaid any land belonging to or vested in any infant or lunatic, such land may be conveyed by the Guardian or Curator of such infant or the Committee of such lunatic respectively, who may receive the purchase-money for the same, and give valid and sufficient discharges to the party paying such purchase-money, who shall not be required to see to the application thereof. 6. Any Corporation, ecclesiastical or lay, whether sole or aggregate, and any Officers, Justices of the Peace, Trustees or Commissioners, holding land for public, ecclesiastical, parochial, charitable, or other purposes or objects, may, subject to the provisions hereinafter mentioned, grant, con- vey, or enfranchise for the purpose of this Act, such quantity of land as aforesaid, in any manner vested in such Corporation, Officers, Justices, Trustees, or Commissioners. Provided that no Ecclesiastical Corporation sole, being below the dignity of a Bishop, shall be authorised to make s2 Lands ceasing to be used for the pur- poses of the Act to revert. Persons not having legal estates em- powered to convey land with- out the con- currence of their Trustees. Corpora- tion, Justices, Trustees, etc., may convey lands for the pur- poses of the Act. 260 BOOK II LITERARY AND SCIENTIFIC INSTITUTIONS. 5 & 6 Will. IV. 69. How such parties may convey. 7 Geo. IV. 18. Where part only of lands such grant without the consent in writing of the Bishop of the Diocese to whose jurisdiction the said Ecclesiastical Corporation shall be subject. Provided also, that no Parochial property shall be granted for such purpose without the consent of a majority of the ratepayers and owners of property in the Parish to which the same belongs, assembled at a meeting (a) to be convened according to the mode pointed out in the Act passed in the 6th year of the reign of His late Majesty, intituled " An Act to facilitate the conveyance of work-houses and other property of Parishes and of Incorporations or Unions of Parishes in England and Wales," and without the consent of the Poor Law Board (&) to be testified by their seal being affixed to the deed of conveyance, and of the Guardians of the Poor of the Union within which the said Parish may be comprised, or of the Guardians of the Poor of the said Parish where the administration of the relief of the poor therein shall be subject to a Board of Guardians, testified by the Guardians of such Union or Parish being the parties to convey the same : And that no property held upon trust for charitable purposes shall be granted without the consent of the Charity Commissioners. (a) By the " Local Government Act, 1894 "56 & 57 Viet. 73, 53 (1) the meeting to deal with Parochial property under the Act of 1854 will now be the " Parish Meeting " created by the Act of 1894. (b) Now the Local Government Board (34 & 35 Viet. 70, 2). 7. Where any Officers, Trustees, or Commissioners, other than Parochial Trustees, shall make any such grant, it shall be sufficient if a majority or quorum authorised to act of such Officers, Trustees, or Commissioners, assembled at meeting duly convened, shall assent to such grant, and shall execute the deed of conveyance, although they shall not constitute a majority of the actual body of such Officers, Trustees, or Commissioners ; And the Justices of the Peace may give their consent to the making any grant of land or premises belonging to any County, Riding, or Division by vote at their General Quarter Sessions, and may direct the same to be made in the manner directed to be pursued on the sale of the sites of Gaols by an. Act passed in the 7th year of the reign of His late Majesty George IV., intituled " An Act to authorise the disposal of unnecessary Prisons in England." 8. If part only of any land held in fee subject to a perpetual rent, or comprised in a lease for a term of years unexpired. PART IV STATUTES. 17 & 18 VICT. c. 112. 261 shall be conveyed or agreed to be conveyed for the purpose subject to a of this Act, the rent payable in respect of the lands subject [easVis der thereto, and any fine certain or fixed sum of money to be conveyed, paid upon any renewals of the lease, or either of such pay- jfndfi'ne ments, may be apportioned between the part of the said land upon re- so conveyed or agreed to be conveyed and the residue thereof, l^^a and such apportionment may be settled by agreement between be appor- the parties following ; tioned - That is to say, the person for the time being entitled to the rent where the land is held in fee or the lessor or other the owner subject to such lease of the lands comprised therein, the person entitled to the fee subject to the rent, or the lessee or other party entitled to the land by virtue of such lease or any assignment thereof for the residue of the term thereby created, and the party to whom such conveyance as aforesaid for the purpose of this Act is made or agreed to be made ; And when such apportionment shall so be made it shall be binding on all under-lessees and other persons and Corporations whatsoever, whether parties to the said agree- ment or not. 9. In case of any such apportionment as aforesaid, and Liabilities after the lands so conveyed or agreed to be conveyed as andre^ S> aforesaid shall have been conveyed, the person entitled to medies of the fee or other estate in the lands subject to the rent, the a^^an^s lessee, and all parties entitled under him to the lands not not con- included in such conveyance, shall, as to all future accruing ve J" ed rent, and all future fines certain or fixed sums of money to be paid upon renewals, be liable only to so much of the rent or of such fines or sums of money as shall be apportioned in respect of such last-mentioned lands ; And the party entitled to the rent charged or reserved shall have all the same rights and remedies for the recovery of such portion of the rent as last aforesaid as previously to such apportionment he had for the recovery of the whole rent charged or reserved ; And all the covenants, conditions, and agreements, except as to the amount of rent to be paid, and of the fines or sums of money to be paid upon renewals, in case of any apportion- ment of the same respectively, shall remain in force with regard to that part of the land which shall not be so conveyed as aforesaid, in the same manner as they would have done in case such part only of the land had been subject to the rent or included in the lease. 262 BOOK II LITERARY AND SCIENTIFIC INSTITUTION 10. Any person or Corporation may grant any number of sites for distinct and separate Institutions, although the aggregate quantity of land thereby granted by such person or Corporation shall exceed the extent of one acre, provided that the site of each Institution do not exceed that extent. 11. Where the Institution shall not be incorporated, the grant of any land for the purpose of such Institution, whether taking effect under the Authority of this Act or any other authority, may be made to any Corporation sole or aggregate, or to several Corporations sole, or to any Trustees whatsoever, to be held by such Corporation or Corporations or Trustees for the purpose of such Institution. 12. The provisions of the Act of the 14th Victoria, chapter 28, shall be applicable to the conveyances of lands in England, Wales, a,nd Ireland, made or to be made to Trustees, not being Corporations, for the purposes of such Institutions, (a) (a) This is "An Act to render more simple and effectual the Titles by which Congregations or Societies for the purposes of Beligious Worship or Educa- tion hold property for such purposes." (See p. 253, ante.) 13. All grants, conveyances, and assurances of any site for an Institution under the provisions of this Act may be made according to the form following, or as near thereto as the circumstances of the case will admit ; (that is to say,) " I, or we [or the corporate title of a Corporation^ under the authority of an Act passed in the year of the reign of Her Majesty Queen Victoria, intituled do hereby freely and voluntarily, and without any valuable consideration [or do in consideration of the sum of to me, or us, or the said paid], grant and convey [add if necessary, enfranchise] to all [Description of the Premises] and all my, or our,' or the right, title, and interest of the to and in the same and every part thereof, to hold unto and to the use of the said Corporation and their suc- cessors, or of the said and his, or their [heirs or executors or administrators or successors], for the purposes of the said Act, and to be applied as a site for and for no other purpose whatever ; such to be under the management and control of [set forth the mode in which and the persons by whom the Institution is to be manac/ed and directed ; in cases where the land is purchased, exchanged or demised, usual covenants or obligations for title may be added]. In witness whereof the conveying and other parties PART IV STATUTES. 17 & 18 VICT. c. 112. 263 have hereunto set their hands and seals, [or seal* only, as the case 'inay 6e,] this day of Signed, sealed, and delivered by the said in the presence of of ." And no bargain and sale or livery of seisin shall be requisite in any conveyance intended to take effect under the provisions of this Act, nor more than one witness to the execution by the conveying party. 14. Any deed executed for the purposes of any Institution to which this Act applies, without any valuable consideration, shall continue valid, if otherwise lawful, although the donor or grantor shall die within twelve calendar months from the execution thereof. 15. Where land of copyhold or customary tenure shall have been or shall be granted for the purpose of such Institution, the conveyance of the same by any deed wherein the copy- holder shall grant and convey his interest, and the Lord shall also grant and convey his interest, shall be deemed to be valid and sufficient to vest the freehold interest in the grantee or grantees thereof without any surrender or admittance or enrolment in the Lord's Court, but the fees (if any) payable by the custom of the manor upon enfranchisement shall be paid to the Steward. 16. Where any land shall be sold by any Ecclesiastical Corporation sole for the purpose of this Act, and the purchase- money to be paid shall not exceed the sum of 20, the same may be retained by the party conveying for his own benefit, but when it shall exceed the sum of 20 it shall be applied for the benefit of the said Corporation in such manner as the Bishop in whose Diocese such land shall be situated shall, by writing under his hand, to be registered in the registry of his Diocese, direct and appoint ; But no person purchasing such land for the purpose afore- said shall be required to see to the due application of any such purchase-money. 17. In cases not otherwise provided for in this Act, the clauses 69, 70, 71, 72, 73, 74, and 78 of the "Lands Clauses Consolidation Act, 1845," being the 8th and 9th Victoria, chapter 18, shall apply in respect of the application of the purchase-money of all sites purchased from incapacitated persons, Corporations, and Trustees, hereby empowered to sell, other than the Chancellor and Council of the Duchy of Lancaster and the officers of the Duchv of Cornwall. Death of donor within 12 months not to invalidate grant. Mode of conveying interest in copyhold land. Applica- tion of purchase money of land sold by Eccle siastical Corpora- tion sole. Certain clauses of 8 Viet. 18, incorpo- rated. 264 BOOK II LITERARY AND SCIENTIFIC INSTITUTIONS. Trustees may sell or exchange lands or buildings ; Or may let. Trustees to be indem- nified from charges ; in default thereof em- powered to mortgage or sell the premises. Vesting of property of Institution. 18. If it shall be deemed advisable to sell any land or building not previously part of the possessions of the Duchy of Lancaster or Cornwall held in trust for any Institution, or to exchange the same for any other site, the trustees in whom the legal estate in the said land or building shall be vested may, by the direction or with the consent of the Governing Body of the said Institution, if any such there be, sell the said land or building, or part thereof, or exchange the same for other land or building suitable to the purposes of their trust, and receive on any exchange any sum of money by way of effecting an equality, and apply the money arising from such sale or given on such exchange in the purchase of another site, or in the improvement of other premises used or to be used for the purposes of such trust ; And such Trustees may, with like direction or consent, let portions of the premises belonging to the Institution not required for the purposes thereof, for such term, and under such covenants, or agreements, as shall be deemed by such Governing Body to be expedient, and apply the rents thereof to the benefit of the Institution. 19. The Trustees of such Institution who, by reason of their being the legal owner of the building or premises, shall become liable to the payment of any Rate, Tax, charge, costs, or expenses, shall be indemnified and kept harmless by the Governing Body thereof from the same, and in default of such indemnity shall be entitled to hold the said building or premises and other property vested in them as a security for their reimbursement and indemnification, and, if necessity shall arise, may mortgage or sell the same, or part thereof, free from the trusts of the Institution, and apply the amount obtained by such mortgage or sale to their reimbursement, and the balance (if any) to the benefit of the Institution, subject to the restrictions hereinbefore contained with regard to lands given and lands belonging to the Duchies afore- said. 20. Where any Institution shall be incorporated, and have no provision applicable to the personal property of such Institution, and in all cases where the Institution shall not be incorporated, the money, securities for money, goods, chattels, and personal effects belonging to the said Institution, and not vested in Trustees, shall be deemed to be vested for the time being in the Governing Body of such Institution, and in all proceedings, civil and criminal, may be described as the moneys, securities, goods, chattels, and effects of PART IV STATUTES 17 & 18 VICT. c. 112. 265 the Governing Body of such Institution by their proper title. 21. Any Institution incorporated which shall not be entitled Suits by ^ , , , -, T ,. and against to sue and be sued by any corporate name, and every Insti- institu- tution not incorporated, may sue or be sued in the name of tions - the President, Chairman, principal Secretary, or Clerk, as shall be determined by the rules and regulations of the Insti- tution, and, in default of such determination, in the name of such person as shall be appointed by the Governing Body for the occasion ; Provided, that it shall be competent for any person having a claim or demand against the Institution to sue the President or Chairman thereof, if, on application to the Governing Body, some other officer or person be not nominated to be the defendant. 22. No suit or proceeding in any Civil Court shall abate or Suits not to discontinue by reason of the person by or against whom such ffl s * t 3 n ? r suit or proceedings shall have been brought or continued tinue- dying or ceasing to fill the character in the name whereof he shall have sued or been sued, but the same suit or proceeding shall be continued in the name of or against the successor of such person. 23. If a judgment shall be recovered against the person or Enforce- officer named on behalf of the Institution, such judgment u e Le nt shall not be put in force against the goods, chattels, or lands, or against the body of such person or officer, but against the property of the Institution, and a Writ of Revivor shall be issued setting forth the judgment recovered, the fact of the party against whom it shall have been recovered having sued or having been sued, as the case may be, on behalf of the Institution only, and requiring to have the judgment enforced against the property of the Institution. 24. In any Institution, the Governing Body, if not other- Institution wise legally empowered to do so, may, at any meeting specially By^Laws. 6 convened according to its regulations, make any By-Law for the better governance of the Institution, its members or officers, and for the furtherance of its purpose and object, and may impose a reasonable pecuniary penalty for the breach thereof, which penalty, when accrued, may be recovered in any local Court of the District wherein the defendant shall inhabit or the Institution shall be situated, as the Governing Body thereof shall deem expedient : Provided always, that 110 pecuniary penalty imposed by any By-Law for the breach thereof shall be recoverable unless 26 G BOOK II. LITEEAEY AND SCIENTIFIC INSTITUTIONS. Members may be sued. Offences by members. Institu- tions may alter, extend, or abridge their pur- poses, or amalga- mate. the By-Law shall have been confirmed by the votes of three- fifths of the members present at a meeting specially convened for the purpose. 25. Any member who may be in arrear of his subscription according to the rules of the Institution, or may be or shall possess himself of or detain any property of the Institution in a manner or for a time contrary to such rules, or shall injure or destroy the property of the Institution, may be sued in the manner hereinbefore provided ; But if the defendant shall be successful in any Action or other proceeding at the instance of the Institution, and shall be adjudged to recover his costs, he may elect to proceed to recover the same from the officer in whose name the suit shall be brought, or from the Institution, and in the latter case shall have process against the property of the said Institution in the manner above described. 26. Any member of the Institution who shall steal, purloin, or embezzle the money, securities for money, goods, and chattels of the Institution, or wilfully and maliciously, or wilfully and unlawfully, destroy or injure the property of such Institution, or shall forge any deed, bond, security for money, receipt, or other instrument, whereby the funds of the Institution may be exposed to loss, shall be subject to the same prosecution, and if convicted shall be liable to be punished in like manner, as any person not a member would be subject and liable to in respect of the like offence. 27. Whenever it shall appear to the Governing Body of any Institution (not having a Eoyal Charter, nor established by nor acting under any Act of Parliament), which has been established for any particular purpose or purposes, that it is advisable to alter, extend, or abridge such purpose, or to amalgamate such Institution, either wholly or partially, with any other Institution or Institutions, such Governing Body may submit the proposition to their members in a written or printed report, and may convene a special meeting for the consideration thereof according to the regulations of the Institution ; But no such proposition shall be carried into effect unless such report shall have been delivered or sent by post to every member 10 days previous to the special meeting convened by the Governing Body for the consideration thereof, nor unless such proposition shall have been agreed to by the votes of three-fifths of the members present at such meeting, and confirmed by the votes of three-fifths of the members present PAET IV STATUTES 17 & 18 V1CT. c. 112. 267 at a second special meeting convened by the Governing Body at an interval of one month after the former meeting, (a) (a) By the " Schools for Science and Art Act, 1891 " (54 & 55 Viet. 61), the Managers of any Institution to which this Act of 1854 applies may transfer it to a Local Authority under the " Technical Instruction Acts." 28. If any members of the Institution, being not less than two-fifths in number, consider that the proposition so carried is calculated to prove injurious to the Institution, they may, within 3 months after the confirmation thereof, make appli- cation in writing to the Lords of the Committee of Her Majesty's Privy Council for Trade and Foreign Plantations, who, at their discretion, shall entertain the application, and if, after due inquiry, they shall decide that the proposition is then calculated to prove injurious to the Institution, the same shall not be then carried into effect ; But such decision shall not prevent the members of such Institution from reconsidering the same proposition on a future occasion. 29. Any number not less than three-fifths of the members of any Institution may determine that it shall be dissolved, and thereupon it shall be dissolved forthwith, or at the time then agreed upon, and all necessary steps shall be taken for the disposal and settlement of the property of the Institution, its claims and liabilities, according to the rules of the said Institution applicable thereto, if any, and if not, then as the Governing Body shall find expedient; Provided, that in the event of any dispute arising among the said Governing Body or the members of the Institution the adjustment of its affairs shall be referred to the Judge of the County Court of the District in which the principal building of the Institution shall be situated, and he shall make such order or orders in the matter as he shall deem requisite, or, if he find it necessary, shall direct that proceed- ings shall be taken in the Court of Chancery for the adjustment of the affairs of the Institution. 30. If upon the dissolution of any Institution there shall remain, after the satisfaction of all its debts and liabilities, any property whatsoever, the same shall not be paid to or distributed among the members of the said Institution or any of them, but shall be given to some other Institution to be determined by the members at the time of the dissolution, or in default thereof by the Judge of the County Court aforesaid : Board of Trade may suspend such altera- tion, etc., if applied to by two- fifths dis- sentients. Dissolu- tion of In- stitutions and adjust- ment of their affairs. Upon a dissolution, no member to receive profit. 268 BOOK II . LITERAEY AND SCIENTIFIC INSTITUTIONS. Proviso for Joint Stock Com- panies. Definition of " Mem- ber." Definition of "Go- verning Body." To what In- stitutions Act to apply. Parish defined. Short title. Provided, however, that this clause 'shall not apply to any Institution which shall have been founded or established by the contributions of shareholders in the nature of a Joint Stock Company. 31. For the purposes of this Act, a member of an Institu- tion shall be a person who, having been admitted therein according to the rules and regulations thereof, shall have paid a subscription, or shall have signed the roll or list of members thereof; But in all proceedings under this Act no person shall be entitled to vote or be counted as a member whose current subscription shall be in arrear at the time. 32. The Governing Body of the Institution shall be the Council, Directors, Committee, or other body to whom by Act of Parliament, charter, or the rules and regulations of the Institution, the management of its affairs is entrusted ; and if no such body shall have been constituted on the establishment of the Institution, it shall be competent for the members thereof, upon due notice, to create for itself a Governing Body to act for the Institution thenceforth. 33. The Act shall apply to every Institution for the time being established for the promotion of Science, Literature, the Fine Arts, for adult instruction, the diffusion of useful knowledge, the foundation or maintenance of Libraries or Reading Rooms for general use among the members or open to the public, of public museums and galleries of paintings and other works of Art, collections of Natural History, mechanical and philosophical inventions, instruments, or designs ; Provided, that the Royal Institution, and the London Institution for the advancement of literature and the diffusion of useful knowledge, shall be exempt from the operation of this Act. 34. The term "Parish" shall signify herein any place separately maintaining its own poor. 35. In all deeds, documents, proceedings, suits, and prose- cutions this Act may be cited and described by the name of the "Literary and Scientific Institutions Act, 1854." PART IV STATUTES 24 & 25 VICT. c. 97. 269 [24 & 25 Viet.] Malicious Damage. [c. 97] 1861 - 24 & 25 VICT. 97. An Act to consolidate and amend the Statute Law of England Revised and Ireland relating to Maliciaus Injuries to Property. statutes, [6th August, 1861. i * ' pp. 701, 711. 39. Whosoever shall unlawfully and maliciously destroy or Destroying damage any book, manuscript, picture, print, statue, bust, or g[ ng Works vase, or any other article or thing kept for the purposes of of Art in Art, Science, and Literature, or as an object of curiosity, in Libraries' any museum, gallery, cabinet, library, or other repository, or other which museum, gallery, cabinet, library, or other repository p a ' is either at all times or from time to time open for the admission of the public or of any considerable number of persons to view the same, either by the permission of the proprietor thereof or by the payment of money before entering the same, or any picture, statue, monument, or other memorial of the dead, painted glass, or other ornament or work of art, in any Church, Chapel, meeting house, or other place of divine worship, or in any building belonging to the Queen, or to any County, Riding, Division, City, Borough, Poor Law Union, Parish, or Place, or to any University, or College or Hall of any University, or to any Inn of Court, or in any street, square, churchyard, burial ground, public garden or ground, or any statue or monument exposed to public view, or any ornament, railings, or fence surrounding such statue, shall be guilty of a misdemeanour, and being convicted thereof shall be liable to be imprisoned for any term not exceeding 6 months, with or without hard labour, and, if a male under the age of 16 years, with or without whipping ; provided that nothing herein contained shall be deemed to affect the right of any person to recover, by action at law, damages for the injury so committed. 270 BOOK II. LITERARY AND SCIENTIFIC INSTITUTIONS. 1867. [30 & 31 Viet.] Companies. [c. 131] Me vised Statutes, 2nd ed., vol. xi. pp. 1149, 1155. Association not formed for pur- poses of gain 30 & 31 VICT. 131. An Ad to amend the " Companies Act, 1862." [20th August, 1867. 23. Where any Association is about to be formed under the principal Act as a limited Company, if it proves to the Board of Trade that it is formed for the purpose of promoting commerce, art, science, religion, charity, or any other useful object, and that it is the intention of such Association to apply the profits (if any), or other income of the Association, in promoting its objects, and to prohibit the payment of any dividend to the members of the Association, the Board of Trade may, by licence, under the hand of one of the Secretaries or Assistant Secretaries, direct such Association to be registered with limited liability, without the addition of the word " limited " to its name, and such Association may be registered accordingly, and upon registration shall enjoy all the privileges and be subject to the obligations by this Act imposed on limited Companies, with the exceptions that none of the provisions of this Act that require a limited Company to use the word " limited " as any part of its name, or to publish its name, or to send a list of its members, directors, or managers to the Registrar, shall apply to an Association so registered. The licence by the Board of Trade may be granted upon such conditions and subject to such regulations as the Board think fit to impose ; and such conditions and regulations shall be binding on the Association, and may, at the option of the said Board, be inserted in the Memorandum and Articles of Association, or in both or one of such docu- ments.^) (a) The Board of Trade has published a Circular, and Forms to carry out this provision. (See pp. 196 et seq., ante.) PART IV STATUTES 35 & 36 VICT. c. 24. 271 [35 & 36 Viet.] Charitable Trustees Incorporation. [c. 24] 1872. 35 & 36 VICT. 24. An Act to facilitate the incorporation of Trustees of Charities Revised for religious, educational, literary, scientific, and public statutes, charitable purposes, and the enrolment of certain charitable V ol. xiii' trust deeds. [27th June, 1872. P- 34. 1. It shall be lawful for the Trustees or Trustee for the plication of time being of any charity for religious, educational, literary, Tru . s tees of J.-.C i v i -I i i anycharity, scientific, or public charitable purposes, to apply, in manner Commis- hereinafter mentioned, to the Charity Commissioners for n ei-s England and Wales for a Certificate of registration of the Certificate Trustees of any such charity as a Corporate Body ; f registra- And if the Commissioners, having regard to the extent, corporate nature, and objects and other circumstances of the charity, bod y- shall consider such incorporation expedient, they may grant such Certificate accordingly, subject to such conditions or directions as they shall think fit to insert in their Certificate relating to the qualifications and number of the Trustees, their tenure or avoidance of office, and the mode of appoint- ing new Trustees, and the custody and use of the common seal ; and the Trustees of such charity shall thereupon become a Body Corporate by the name described in the Certificate, and shall have perpetual succession and a common seal, of which the device shall be approved by the Com- missioners, and power to sue and be sued in their corporate name, and to hold and acquire, notwithstanding the Statutes of Mortmain, and by instruments under their common seal to convey, assign, and demise, any present or future pro- perty, real or personal, belonging to, or held for the benefit of such charity, in such and the like manner, and subject to such restrictions and provisions, as such Trustees might, without such incorporation, hold or acquire, convey, assign, or demise the same for the purposes of such charity. . . . [Kemainder of section repealed by " Statute Law Revision Act (No. 2), 1893."] 2. The Certificate of incorporation shall vest in such Body Estate to Corporate all real and personal estate, of what nature or body^or- tenure soever, belonging to or held by any person or persons porate. in trust for such charity, and thereupon any person or BOOK II. LITERARY AND SCIENTIFIC INSTITUTIONS. persons in whose name or names any stocks, funds, or securities, shall be standing in trust for the charity, shall transfer the same into the name of such Body Corporate, except as hereinafter provided ; And all covenants and conditions relating to any such real estate enforceable by or against the Trustees thereof before their incorporation shall be enforceable to the same extent and by the same means by or against them after their incorporation ; Provided always, that if such property shall be of copy- hold or customary tenure, and liable to the payment of any fine or heriot on the death or alienation of the tenant or tenants thereof, it shall be lawful for the lord or lady of the manor of which such property shall be holden, on the grant- ing of the said Certificate, and at the expiration of every period of 40 years thereafter so long as such property shall belong to such Body Corporate, to receive and take a sum corresponding to the fine and heriot, if any, which would have been payable by law upon the death or alienation of the tenant or tenants thereof, and to recover the same by any means which such lord or lady could have used in the event of the death or alienation of the tenant or tenants of such property, such payments to be in full of all fines and heriots payable in respect of the same property ; Provided also that such Certificate shall not have the effect of summarily transferring or directing the transfer to the incorporated Trustees any stocks, funds, or securities held by the Official Trustees of Charitable Funds for the benefit of the charity, but the same shall be transferable only by the Official Trustees to the incorporated Trustees under the discretionary order of the Commissioners, and by the ordinary means of transfer or assignment. Particulars 3 Every application to the Commissioners for a Certificate respecting un llC an assurance by deed of land of any quantity or to an assur- mentary ance by will of land of the quantity hereinafter mentioned B< ubiic'' 0r ^ or ^ e P ur P oses on ty f a public park, a schoolhouse for an museum. elementary school, a public museum, or an assurance by will of personal estate to be applied in or towards the purchase of land for all or any of the same purposes only : (2.) Provided that a will containing such an assurance, and a deed containing such an assurance and made otherwise than in good faith for full and valuable consideration, must be executed not less than twelve months before the death of the assuror, or be a reproduction in substance of a devise made in a previous will in force at the time of such re- PAKT IV STATUTES 51 & 52 VICT. c. 42. 279 production, and which was executed not less than twelve months before the death of the assuror, and must be enrolled in the books of the Charity Commissioners within six months after the death of the testator, or in case of a deed the execution of the deed. (3.) The quantity of land which may be assured by will under this section shall be any quantity not exceeding twenty acres for any one public park, and not exceeding two acres for any one public museum, and not exceeding one acre for any one schoolhouse. (4.) In this section : (i.) "public park" includes any park, garden, or other land dedicated or to be dedicated to the recreation of the public ; (ii.) " elementary school " means a school or department of a school at which elementary education is the principal part of the education there given, and does not include any school or department of a school at which the ordinary payments in respect of the instruction from each scholar exceed ninepence a week ; (iii.) "school house " includes the teacher's dwelling-house, the playground (if any), and the offices and premises belonging to or required for a school ; (iv.) " public museum " includes buildings used or to be used for the preservation of a collection of paintings or other works of art, or of objects of natural history, or of mechanical or philosophical inventions, instruments, models, or designs, and dedicated or to be dedicated to the recreation of the public, together with any libraries, reading rooms, laboratories, and other offices and pre- mises used or to be used in connection therewith, (a) (a) This section is almost identical with the provisions of the " Public Parks Act, 1871 " (34 Viet. 13), now repealed (see Sched.). The term " will " includes a codicil (see 10). As in the Act of 1871, so in this enactment, the limit of acreage is confined to gifts by will, but gifts by deed may be of any quantity, provided the formalities of enrolment and execution are observed. The section generally is extended by 55 & 56 Viet. 11, so as to give further powers to certain Local Authorities for general purposes. 7. Part Two of this Act shall not apply to the following Assurances n <3 Act,- 1894- .-..-.-. 175 174 125 164 157 16 135 167 179 GENERAL INDEX. 315 Rules of Local Government Board as to poll 15 * and regulations for club 231, 242 * institute or reading-room 236 Eural district council : definition 6 parish. See Parish SALE or exchange of lands by library authority . . . .46, 48, 95, 138 of museum or gymnasium 128 Schools for art 35, 36, 37, 51, 53, 94, 105, 137, 142, 178 music 37 103 science . . . .35, 36, 37, 51, 53, 94, 105, 137, 142, 178 * Science and Art Act, 1891 283 Science and Art Department Parliamentary grant . . 51, 53, 143, ITS Scientific and literary institutions . ..... . . 139, *189, *307 transfer to local authorities . . 283 exemption from rates .... 250 Society 200 Scotland : accounts and audit 55 acquisition of lands &c 47 adoption of Public Libraries Act 25, 173 borrowing powers 44 governing bodies, constitution of 33 governing bodies, proceedings of ...... 40 ,, how brought into operation ....... 25 interpretation of terms 7 Public Libraries Acts 107, 172 rates 53 what may be supplied 36 Sheffield Corporation Act, 1890 ISO Sinking fund to repay loan 44, 100, 112 *Specific Legacies Exemption Act, 1799 190, 250 Statutes (Digest of) 5, 189* Stealing in libraries 186 *Succession Duty Act, 1853 257 TAX (Property), liability of libraries d'C 139 Termination of agreements (adjustment) . . . .52, 151, 179, 179 Terms, Interpretation of (Public Libraries Acts) .... 5-10 *Titles of Religious Congregations Act, 1850 191, 253 Town commissioners : definition 9, 34, 93, 94 Town : definition 9, 92 Town fund : definition 9, 93 Town rate : 9, 93- *Transfer to local authorities of science and art schools .... 283 of mortgages 101 powers in urban districts and London provisions of Local Government Act, 1894 167, 168 property, debts and liabilities 172 Treasury Commissioners consent to loan 103 Her Majesty's approval required to appropriation of land &-c. . 94 Trust deeds 191, 253, 257, 271 *Trustees, appointment of 191, 194, 255, 2(32 * incorporation of 271 powers of 264 registration by Charity Commissioners 194 *Trusts for church institute or reading-room 236 316 GENERAL LNDEX. URBAN authority : definition 5, 10, 29, 152 Ireland 26, 174, 179 authorities (Ireland), combination of 177, 179 district : definition 5, 6, 10, 152, 179 districts, accounts under Libraries Acts 55 adoption of Libraries Acts . . . .11, 133, 159 appointment of committees 169 combination of, under Libraries Acts . . 12, 136, 161 Ireland 26, 177, 179 rates under Libraries Acts 50, 143 transfer of powers 167 VACANCIES in library committee (Scotland) 33, 114 *Vesting of land in trustees 264 property 140, 166 Vestry : definition 6, 43, 151, 163 in rural parish, powers transferred to parish meeting . . 163, 166 ,, to sanction borrowing by Library Commissioners . . . 43, 145 ,, rates by Library Commissioners .... 50, 144 Vestries of neighbouring parishes, combination 136 Voter, definition 5, 10, 152, 179 Votes, counting of 18 Voting-papers 19, 22, 153 form of 23, 104, 118, 158 *\VnKKMKx's club ... 242 317 INDEX OF NAMES OF CASES. %* The names in Italic are alternative, names of Cases which are otherwise indexed. BOOK I. PUBLIC LIBRABIES AND MUSEUMS. Andrews v. Bristol ... 1 A.-G. v. Croydon , . 2 A.-G. v. G. E. R 3 A.-G. v. Sunderland ... 4 Greig v. Edinburgh ... 5 Harrison v. Southampton . . 6 Holborn v. Bull .... 7 Liverpool Corporation, In Re, Brown, Ex parte ... 8 Manchester v. McAdam . . 9 Nottingham Corporation v. Abbott 10 Keg. v. Blenkinsop . . .11 Reg. v. Morris . . . .12 Reg. v. Portsmouth . . .13 Reg. v. St. Matthew, Bethnal G. . 14 Reg. v. Wimbledon L. B. . 15 Smee v. Smee and Brighton . 16 BOOK II. LITERABY AND SCIENTIFIC INSTITUTIONS. A.-G. v. Stepney . Attree v. Hawe . Baker v. Button . Birmingham Library, In Re Birmingham O. v. Shaw . Bradford Lib. v. Bradford . Bristol Athenaeum, In Re . Brown v. Yeall Burls v. Smith . Canterbury v. Wyburn Carne v. Long Cates r. Pemberton Chamberlain v. Boyd . Chamberlayne v. Brockett . Chandler i\ Ho well, cited in 1 2 Chester v. Chester Clancy, Re . . 8 ! Clarendon v. St. James's, W. . 85 3 Cockerell v. Aucompte . 47 84 Cocks v. Manners . 48 84 Cox, In Re . . 10 92 43 Darke, in the goods of . 11 4 Dawkins v. Antrobus . . 49 44 Delauney v. Strickland . 50 Denton v. Manners . 12 5 . 13 6 Dutton, In Re . . 31 45 46 Edwards v. Hall . . . . 14 7 2 Faversham v. Ryder . . 15 318 INDEX OF NAMES OF CAS]',?. Fearns, In Re . . . . 1G Fisher v. Keane . . . .51 Flemyng v. Hector . . .52 Foster v. Harrison . . . 63 Froomberg v. Balding . . .54 Giblett v. Hobson . . .17 Graff v. Evans . . . .55 Graham v. Paternoster . . 18 Green v. Britten ... .1!) Harrison v. Abergavenny . . 56 Hartshorne v. Nicholson . . 20 Hawkins, In Be . , . .21 Hawkins v. Allen . . .22 Hill v. Jones . . . .23 Holdsworth v. Davenport . . 24 Hopkinson v. Exeter . . .57 Incorp. Ch. Bldg. S. v. Barlow . 25 Incorp. Ch. Bldg. S. v. Coles . 26 Inland Kevenue v. Dundee . . 86 Innes v. Wylie . . . .58 Jones, In Re ... 59 Labouchere v. Wharncliffe . . 60 Lambert v. Addison . . .61 Lewis v. Allenby . . . .27 Linnean Soc. v. St. Anne's, W. . 87 Liverpool Lib. v. Liverpool . 88 London Library v. Carter . . 89 Luckombe v. Ashton . . .62 Luckraft v. Pridham . . .28 Lyttelton v. Blackburne . 63 Maguire's Trusts, In Re . . 29 Mather v. Scott . . . 30 Minnett v. Talbot de Malahide . 64 Mountcashel v. Barber . . 65 New City Const. Club, In Re . 66 New Univ. Club, In Re . . 68 Newman v. Jones . . .67 Parr v. Bradbury . . .69 Peake v. Drinkwater . . .31 Philpottu.St.George's,32:citedin 30 Pratt v. Harvey . . . .33 Purchas v. Holy Sepul., Cam. . 90 Purvis v. Trail! . . . .91 Raggett v. Bishop . . .70 Raggett v. Musgrave . . .71 Reg. v. Birmingham JJ. . . 84 Reg. v. Bradford Library . . 92 Reg. v. Brandt . . . .93 Reg. v. Cockburn . . . 102 Reg. v. Gaskill . . . .94 Reg v. Jones . . . .95 Reg. v. Linnean Society . . 87 Reg. v. Manchester Overseers . 96 Reg. v. Ogden . . . .97 Reg. v. Phillips . . . .98 Reg. v. Pocock . . .99 Reg. v. Royal Medical Society . 100 Reg. v. Russell Institution . . 106 Reg. v. Stacy . . . .101 Reg. v. St. Martin's-in-F. . . 102 Reg. v. Zoological Society . . 103 Richardson v. Hastings . . 72 Richardson-Gardner v. Fremantle 73 Riley v. Read . . . .74 Roy. Coll. Music v. St. Margaret and St. John . . . .104 Roy. Coll. Surg.. In Re . .105 Roy. Soc. and Thompson, In Re . 34 Russell Inst., In Re . . 75 Russell Inst. v. St. Giles . .106 Salusbury v. Denton . . .35 Savoy Overseers v. Art Union of London 107 Scott v. St. Martin's . . . 108 Seaton v. Gould . . . .76 Sinnett v. Herbert ... 36 Skipton v. Rowley . . .77 Soc. Prop. Gosp. v. A.-G. . . 37 Steele v. Gourley . . .78 Steele v. Stevens . . . .79 St. James's Club, In Re .80 Sulley v. Roy. Coll. Surg. Edin. . 109 Tatham v. Drummond . . 38 Thomson v. Shakespear . . 39 Todd v. Emly .... 81 Univ. London v. Yarrow . . 40 Wellbeloved v. Jones . . .41 Wickham v. Bath ... 42 Wiltzie v. Adamson . . .82 Wood v. Finch . . . .83 319 INDEX OF SUBJECTS OF CASES. BOOK I. PUBLIC LIBKARIES AND MUSEUMS. Act of Parliament, powers under 8 Bequest for public purposes . 6, 16 Corporation, land vested in . . 4 Crown property, rating of . .5 Land, purchase of, for public pur- poses 6 Liability to rates and taxes . 1, 9 Limited library rate ... 8 Mandamus . Meeting to adopt " Libraries Acts " 11, 13 12-13 Offences against " Libraries Acts " 7, 10 " Penny Bate," Meaning of the term Poll as to adoption of the " Libra- ries Acts " Powers of a corporation Quo Warranto . 5, 12, 14 4 University property, rating of 12 5 Voting-papers, formalities as to 2, 12 BOOK II. LITERARY AND SCIENTIFIC INSTITUTIONS. Administration of wills . . 11 Almshouses . . . 7, 17 Annuity, gift of . . . . '20 Attorney-General, functions of . 41 BEQUESTS .... 1-42 Bible Society, Bequest to . . 18 Bibles, Bequest for purchase of 1 Books, Bequest for purchase of . 1, 4 Building operations, Bequests for 7 Charitable Institution, what is not 48 Church, Legacy to , . 21, 36 Church Building Society, Bequest to 25, 26 Church Pastoral -Aid Society, Be- quest to 29 CLUBS AND COMMITTEES . 43-83 Powers of members of 71, 72, 80 Corporation, Bequests to 10, 11, 15, 37 Cy prts, doctrine of . . 19, 29 Debenture of water company . 24 Debenture Stock of Railway . 2 Devise of house, void . . 1, 5, 19 Discretion of executors and trustees . . . . 3, 14 Endowments of Institution 10, 14, 35 Executors under a Will, dis- cretionary powers of . .30 Expulsion of members of clubs 49, 51, 56-61, 73, 76, 77 320 INDEX OF SUBJECTS OF CASES. Guarantees in respect of clubs Hiving of house to effectuate a Bequest 23 Hospitals 10, 22, 33 Houses, devise of void . 1, 6, 19 Land, purchase or acquisition of 7, 9, 10, 13, 14, 17, 20, 21, 22, 23, 25, 32, 33, 35, 38, 40 Leasehold property, conveyance of 42 Legacy for museum . . .39 Legacy to a corporation . 11, 19 Liability of club committees 44, 52, 62, 65, 72, 78, 81 Library, Bequest to . ' . .6 Mortgage property ... 8 Mortmain 8-10, 12-15, 17, 19, 21, 22, 24-28, 30-36, 38-40, 42 45 ! Museum, Bequest for Railway Debenture Stock . . 2 RATING OF SOCIETIES UNDER (i & 7 VICT. c. 36 . . . 84-10!) Religious Institutions and Socie- ties 3, 12, 16, 18, 25, 26, 29, 38, 39 School, Bequests to . . 9, 20 Servants of clubs 47, fi7, 78, 81, 82 Society for Prevention of Cruelty to Animals . . . .38 Statutory powers, Institutions with special .... 8 Tithe Redemption Trust, Bequest to 12 Trustees under a Will, discre- tionary powers of . 3, 40 Women, Voluntary Association of 48 PRINTED BY 8POTTUHVOODB AND CO., NK\V MTUEKT LONDON Standard Legal Works. The Law of Public Health and Local Govern- ment. Eleventh Edition (1895) : Embracing the Publi: Health Consolidation Act, 1875, an ^ all other Acts giving Powers to Sanitary Authorities up to and including the Local Government Act, 1894. By ALEX. GI.EN, M.A., LL. B., and A. V. JENKIN, Barristers- at-Law. In two vols. (Vol. I containing the Public Heilth Act, 1875, an d the index, and Vol. 2 the subsequent Statutes). Price 63.?. Law Times. 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