done in pursuance of the same Act; and all Libraries and Museums established under that Act or the Act thereby repealed shall be considered as having been established under this Act, and the Council of any Borough which may have adopted the said Act of One thousand eight hundred and fifty, or established a Museum under the Act thereby repealed, shall have and may use and exercise all the benefits, privileges, and powers given by this Act; and all monies which have been borrowed by virtue of the said repealed Acts, or either of them, and still remaining unpaid, and the interest thereof, shall be charged on the Borough rates, or a rate to be assessed and recovered in the like manner as a Borough rate to be made by virtue of this Act. SHORT TITLE. Section II. In citing this Act for any purposes whatever it shall be sufficient to use the expression: "The Public Libraries Act, 1855". INTERPRETATION OF TERMS. MENT Аст, 1871. Section 2. For the purposes aforesaid (5) the following words in the principal Act shall have the following extended significations:--viz., the word Section 3. In the construction XII. PUBLIC LIBRARIES AMENDof this Act the following words and expressions shall, unless there be something in the subject or context repugnant to such construction, have the following meanings assigned to them respectively, that is to say:— "Parish" shall mean every place maintaining its own poor. 66 Vestry " shall mean the inhabitants of the Parish lawfully assembled in Vestry, or for any of the purposes for which Vestries are holden, except in those Parishes in which there is a Select Vestry elected under the Act of the fifty-ninth year of King George the Third, Chapter Twelve, or under the Act of the first and second years of King William the Fourth, Chapter Sixty, or under the provisions of any Local Act of Parliament for the government of any Parish by Vestries, "Board" shall mean any such local board as aforesaid (6). The words "Improvement Rate" shall mean the general district rate levied by any such board. The word 66 Ratepayers" shall mean all persons assessed to and paying such general district rate (7). The word "District" shall mean the district in which such local board has authority to levy a general district rate. The term "Improvement Act" shall mean the Local Government Act, 1858. in which Parishes it shall mean such Select Vestry, and shall also mean any boy of persons, by whatever name distinguished, acting by virtue of any Act of Parliament, Prescription, Custom, or otherwise, as or instead of a Vestry or Select Vestry (1). 66 Ratepayers" shall mean all persons for the time being assessed to rates for the relief of the poor of the Parish (2). "Overseers of the Poor" shall mean also any persons authorised and required to make and collect the rate for the relief of the poor of the Parish, and acting instead of Overseers of the Poor. "Board" shall mean the Commissioners, Trustees, or other body of persons, by whatever name distinguished, for the time being in office and acting in the execution of any Improvement Act, being an Act for draining, cleansing, paving, lighting, watching, or otherwise improving a place, or for any of those purposes (3). "Improvement Rates" shall mean the rates, tolls, rents, income, and other monies whatsoever which, under the provisions of any such Improvement Act, shall be applicable for the general purposes of such Act (4). XV. PUBLIC LIBRARIES ACT, 1884. Section 4. The expression "Authority acting under the Public Libraries Acts" means the Council Board, Magistrates, or Commissioners acting in execution of the Public Libraries Acts. XVI. PUBLIC LIBRARIES ACTS Section 4. In this Act-- "Metropolis" shall mean the metropolis as defined by the Metropolis Management Act, 1855, excluding the city of London. "Library Authority" means the Council, Commissioners, Board, or other persons or authority carrying into execution the Public Libraries Acts. "District Board" means a district board constituted under the Metropolis Management Act, 1855, and "District" shall have a corresponding signification. XX. PUBLIC LIBRARIES ACTS WHO SHALL BE VOTERS. (a) Where the Library District, as defined by this Act, is a Borough or part of a Borough, the Burgesses of that Borough and the Burgesses enrolled in respect of qualifications in such part respectively; and (b) Elsewhere, the county electors registered in respect of qualifications in the Library District. All references in the Libraries Acts to ratepayers, or vestries, or to persons assessed to and paying any rate, shall be construed with respect to any Library District as references to the voters mentioned in this section. Section 10. For the purposes of this Act The expression "Libraries Acts" means this Act and the Acts with which this Act is to be construed as one (8). The expression "Library District" means any district for which the Libraries Acts may, subject to the provisions of this Act, be adopted. The expression "District Authority" means the body or person whose duty it would have been, but for the passing of this Act, to convene a public meeting in any Library District under the Libraries Acts. The expression "County Electors" means the persons registered as county electors under the County Electors Act, 1888. NOTES. (1) This definition is not repealed by the Act of 1890, except by implicationsee Section 1 of that Act opposite. (2) See Section 2 of the Act of 1871 above, extending this definition; both definitions are repealed by implication by Section 1 of the Act of 1890 above. (3 and 4) See Section 2 of the 1871 Act above. (5) i.e., for the adopting and carrying into execution of the principal Act by a local board established under the Public Health Act, 1848, and the Local Government Act, 1858, or either of them, or now the Public Health Act, 1875. (6) See Section 1 of the Act, page 34. (7) This definition is impliedly repealed by Section 1 of the Act of 1890 opposite. (8) i.e., the Public Libraries (England) Acts, 1855 to 1890. PRACTICAL POINTS AND CASES. VOTERS.-The case of Attorney-General v. Mayor, &c., of Croydon (42 L. R. Ch. D. 178. 53. J. P. 726) decided that, as the burden of paying the rates incident to the adoption of the Public Libraries Acts in a Borough must eventually fall upon the occupiers of the premises rated, it is they who are entitled to vote, and not the owners, by whose hands the rates are actually paid. This case was decided in 1889. It is to be observed that the provisions of the Act of 1890 will prevent this question arising again, since the Burgesses or County Electors are in all cases to be the voters. "BOARD".-The Local Government Board have stated that they are advised that a Vestry acting in the execution of the Metropolis Management Acts is not a "Board" that can adopt the Act under Section 6. A District Board of Works, however, in the Metropolis may adopt the Acts under the provisions of the Act of 1887 (see page 47). ADOPTION OF ACTS. IN BOROUGHS. Section 4. The Mayor of any X. PUBLIC LIBRARIES AMENDMunicipal Borough . . . (1) shall, on ... the request of the Town Council (2), convene a public Meeting of the Burgesses of the Borough (3), in order to determine whether this Act shall be adopted for the Municipal Borough, and ten days' notice at least of the MENT ACT, 1866. Requisition. Section 3. The Public Meeting (3) mentioned in Section 4 of the said Public Libraries Act, 1855, shall be called either on the request of the Town Council or on the request, in writing, of ten Ratepayers residing in the Borough (6). Requisite Majority. Section 5. The majority necessary to be obtained for the adoption of one-half of the persons present at the the said Act shall be more than Meeting (5) instead of two-thirds of such persons as now required. Population. Section 6. The Public Libraries Act, 1855, and the Public Libraries Act (Scotland), 1854, shall be applicable to any Borough, District, or Parish or Burgh, of whatever population. time, place, and object of the Meeting shall be given by affixing the same on or near the door of every Church and Chapel within the Borough, and also by advertising the same in one or more of the Newspapers published or circulated within the Borough, seven days at least before the day appointed for such Meeting; and if at such Meeting [more than one-half (4)] of such persons as aforesaid then present shall determine that this Act ought to be adopted for the Borough, the same shall thenceforth take effect and come into operation in such Borough, and shall be carried into execution in accordance with the laws for the time being in force relating to the Municipal Corporation of such Borough. XX. PUBLIC LIBRARIES ACTS AMENDProvided always that the Mayor, or, in his absence, the Chairman of the Meeting, shall cause a Minute to be made of the Resolutions of the Meeting, and shall sign the same; and the Resolutions so signed shall be conclusive evidence that the Meeting was duly convened, and the Vote thereat duly taken, and that the Minute contains a true account of the ceedings thereat (3) (5). pro MENT ACT, 1890. Amendment of Law as to Ascertaining Opinion of Voters. Section 2. (1) The procedure for ascertaining the opinion of the voters for any purpose of the Libraries Acts (8) shall be by voting papers, and not otherwise. (2) Any requisition under the Libraries Acts (which, for the purposes of this Act, includes a request of a Town Council) shall be addressed to the district authority (8) requiring them or him to ascertain the opinion of the voters with respect to the question or questions stated in the requisition, and such authority shall, subject to the provisions of this Section, proceed to ascertain the opinion of the voters by voting papers, according to the provisions of this Act. (3) All expenses in connection with ascertaining the opinion of the voters in any Library District (8) by means of voting papers shall be borne in like manner as the expenses of holding a public meeting under the Libraries Acts are to be borne with respect to that District, or would be borne if this Act had not passed. Limitations of Rate. Section 3. The Libraries Acts may be adopted for any Library District (8) subject to a condition that the maximum rate to be levied in the District, or in any defined portion of the District (7), in any one year for the purposes of the said Acts shall not exceed one half-penny or shall not exceed three farthings in the pound, and such limitation, if fixed at one half-penny, 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, and for the purpose of removing or raising such limitation the like proceedings shall be taken as are required to be taken with respect to the adoption of the Libraries Acts. Provided that the district authority (8) shall not ascertain the opinion of the voters upon any question with respect to the limitation of the rate, unless requested to do so by the requisition, and unless the question is one which the voters are under this Section authorised to determine. Provided also that nothing in this Act shall be construed to authorise the levy of any rate exceeding one penny in the pound for any one year in any Library District, except the city of London. Regulations for Ascertaining the Opinion of the Voters. Section 4. The procedure for ascertaining the opinion of the voters for the purposes of the Libraries Acts shall be in accordance with the regulations contained in the First Schedule to this Act (see page 30). One Year to Expire after Ascertainment of Opinion of Voters. Section 5. Where the opinion of the voters in any Library District (8) is ascertained, either upon the question as to the adoption of the Libraries Acts, or upon the 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. Adoption of Principal Act for Larger Area excludes Adoption for Smaller Area comprised therein. Section 6. Where the Libraries Acts have been adopted for any Library District (8) which comprises any other Library District, no proceeding shall be taken for the adoption thereof for such last-mentioned District without the consent of the Local Government Board; but, save as aforesaid, the Libraries Acts may be adopted for any Library District (9). NOTES. (1) The limit of population to 5000 persons was repealed by Section 6 of the Act of 1866 above. (2) Or of ten Ratepayers [now voters] residing in the Borough. See Section 3 of the Act of 1866 above. (3) The words in italics have not been speci. fically repealed by the Act of 1890, but are repealed by implication. See the Sections of that Act above. It is presumed that the regulations in the First Schedule of that Act are substituted for the regulations in this Section. (4) See Section 5 of the Act of 1866 above, which repeals the two-thirds majority required by the principal Act. (5) The adoption of the Acts is now in all cases to be decided by means of voting |