PARISHES.

Expenses.

Section 13 of the principal Act of 1855 was repealed by the Act of 1889, Section 1, viz. ::

XIX. PUBLIC LIBRARIES AMENDMENT ACT, 1889.

Section 1. Section 13 of the Public Libraries Act, 1855, shall be repealed, and in place thereof the following provisions shall have effect:

The expenses of calling and holding the meeting of the ratepayers (1), whether the Public Libraries Acts shall be adopted or not, and the expenses of carrying those Acts into execution in any Parish, to such amount as shall be from time to time sanctioned by the Vestry (2), shall be paid out of a rate to be raised with and as part of the Poor Rate; provided that every person assessed to such rate (2), 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 such lands for such expenses; the Vestry (2) to be called for the purpose of sanctioning the amount shall be convened in the manner usual in the Parish; and the amount for the time being proposed to be raised for such expenses shall be expressed in the notice convening the Vestry (2), and shall be paid according to the order of the Vestry (2), to such person as shall be appointed by the Commissioners to receive the same. Provided also that in the notices requiring the payment of the rate there shall be stated the proportion which the amount to be thereby raised for the purposes of the said Acts shall bear to the total amount of the rate.

Section 2. Nothing in this Act shall be deemed to invalidate any rate made prior to the passing thereof, and any expenses to which Section 13 of the Public Libraries Act, 1855, applied may be paid out of any such rate as if this Act had not passed.

NOTES. (1) This Section will now read "the expenses of ascertaining the opinion of the voters". See Section 2 (3) of the Act of 1890, page 21. (2) See Section 1 of the Act of 1890, page 19, as to the construction of references to "Vestries" and ". 'persons assessed to any rate".

PRACTICAL POINTS AND CASES.

ARREARS OF RATES RECOVERED.-Reg. v. Blenkinsop (92 L. T. 9, 56 J. P. 246). A public library rate being imposed under 18 and 19 Vict., Cap. 70,

Sec. 13, the overseers, by mistake, considered that a railway company were liable to pay one-third only in respect of their net annual value. This reduced rate only was demanded and paid for five years when the next overseers discovered the mistake and then sought under 17 Geo. 2, Cap. 38, Sec. 11, to recover the unpaid difference for the five years as arrears. Held that the overseers were authorised by the latter Act so to treat the unpaid balance as arrears.

PARISHES-VESTRIES COMBINING.

Section 14 [Principal Act of 1855]. The Vestries (a) of any two or more neighbouring Parishes [having, according to the then last census, an aggregate population exceeding five thousand persons (1)] may adopt this Act [in like manner as if the population of each of those Parishes, according to the then last census, exceeded five thousand (1)], and may concur in carrying the same into execution in such Parishes for such time as they shall mutually agree; and such Vestries (a) may decide that a Public Library or Museum, or both, shall be erected in any one of such Parishes, and that the expenses of carrying this Act into execution with reference to the same shall be borne by such Parishes in such proportions as such Vestries (a) shall mutually approve; the proportion for each of such Parishes of such expenses shall be paid out of the monies to be raised for the relief of the poor of the same respective Parishes accordingly; but no more than three Commissioners shall be appointed for each Parish; and the Commissioners so appointed for each of such Parishes shall in the management of the said Public Library and Museum form one body of Commissioners, and shall act accordingly in the execution of this Act; and the accounts of the Commissioners shall be examined and reported on by the auditor or auditors of each of such Parishes (b); and the surplus money at the disposal as aforesaid of such Commissioners shall be paid to the overseers of such Parishes respectively, in the proportion in which such Parishes shall be liable to such expenses (3).

IX. PUBLIC LIBRARIES AMENDMENT ACт, 1866.

Parish Adjoining Borough, &c.

Section 4. Any Parish, of whatever population, adjoining any Borough, District, or Parish which shall have adopted, or shall contemplate the adoption, of the said Public Libraries Act, 1855,

may, with the consent of more than one-half of the ratepayers thereof present at a meeting to be convened in manner directed by the said Act with reference to meetings of ratepayers (2), and with the consent also of the Town Council of such Borough, or the Board of such District, or the Commissioners of such Parish, as the case may be, determine that such adjoining Parish shall, for the purposes of the said Act, form part of such Borough, District, or Parish, and thereupon the Vestry (a) of such adjoining Parish shall forthwith appoint three ratepayers Commissioners for such Parish, one-third of whom shall go out of office and the vacancies be filled up as provided by the said Act with respect to the Commissioners of a Parish, and such Commissioners for the time being shall, for the purposes of the said Act, be considered as part of such Town Council, Board, or Commissioners, as the case may be; and the expenses of calling the meeting (2), and the proportion of the expenses of such adjoining Parish of carrying the said Act into execution, shall be paid out of the Poor Rates thereof to such person as the Commissioners of the said adjoining Parish shall appoint to receive the same.

XVI. PUBLIC LIBRARIES ACTS AMENDMENT ACT, 1887. Provision as to Parish partly Within and partly Without a Borough or District.

Section 9. Where any Parish is partly within and partly without any Borough or District which shall have adopted, or shall contemplate the adoption of, the principal Act, the part of such Parish without the Borough or District shall, for the purposes of the fourth Section of the Public Libraries Amendment Act (England and Scotland), 1866, be considered a Parish within the meaning of the said Section; and the overseers of the poor for the said Parish shall, for the purposes of the said Section, be considered the overseers of the part of the Parish situate without the Borough or District, and the expenses referred to in the said Section shall, so far as such part of the Parish is concerned, be defrayed out of a rate to be levied by the overseers in such part of the Parish, either as an addition to the poor rate, or as a separate rate to be made and recovered in the same way as a poor rate, and to be subject to the same rights of appeal.

XIX. PUBLIC LIBRARIES ACTS AMENDMENT ACT, 1889.

Joint Library for several Parishes.

Section 3. It shall be lawful for the Commissioners separately appointed under the Public Libraries (England) Acts, 1855 to 1887, for any two or more adjoining Parishes, with the consent of the Vestries (a) of such Parishes, from time to time to 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 such Parishes, and also the cost of the purchase of books, periodicals, and newspapers for such Library, and all other expenses connected with the same; and the inhabitants of both or all the said Parishes, as the case may be, shall be entitled to use the said Library so long as the agreement shall continue in force; and any such agreement may provide that upon its termination an adjustment shall be made of the interests of the several Commissioners in the library building, books, and other property to which they have contributed, and as to the mode in which such adjustment shall be arrived at (4).

XX. PUBLIC LIBRARIES ACTS AMENDMENT ACT, 1890.

Charity Commissioners Libraries-Joint Use.

Section 7. Section 3 of the Public Libraries Acts Amendment Act, 1889, shall be extended so as to enable any library authority, with the consent of the voters and of the Charity Commissioners, to agree for the like purposes as in that Section mentioned 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 (5), and the inhabitants of such Library District (5) shall be entitled to use the said Library so long as the agreement shall continue in force, and the other provisions of that Section shall apply.

NOTES. (1) The words in brackets are presumed to be repealed by Section 6 of the Act of 1866. See page 21. (2) This must now be taken as applying to the taking of a poll of the voters under the Act of 1890. See Section 2 (3), page 21, and Section 1, page 19. (3) Section 11 of the Act of 1887 preserved the right of any Parish in the Metropolis to adopt the Acts, but that Section was repealed by the Act of 1890. See Schedule 2 of that Act. (4) See the addition to this Section by the Act of 1890, Section 7 above. (5) See the definition, page 20. (a) See Section 1 of the Act of 1890, page 19, as to the construction of references to "Vestries". (b) See note (1) to Section 12 ante page 37.

THE METROPOLIS.

[NOTE.-There were no special provisions in the principal Act affecting the Metropolis only.]

XVI. PUBLIC LIBRARIES ACTS AMENDMENT ACT, 1887.

Extent of Act.

Section 3. This Act shall not apply to Scotland, Ireland, or the City of London (1).

Power for District in the Metropolis to Adopt the Act.

Section 10. In the Metropolis any district (2) shall have power to adopt the principal Act, and for such purpose the said Act shall be altered and have effect as follows:

(1) Sections 8, 9, 12, 15, 21, and 22 shall be read as if the word "district" was substituted for the word "parish"; and the words "district board" (2) instead of the word "overseers" and the word "vestry," as the case may

be.

(2) Section 13 shall not apply, and instead thereof the following provisions shall have effect:

The expenses of calling and holding the meeting of the ratepayers (3), whether the principal Act shall be adopted or not, and the expenses incurred by the Commissioners in carrying the said Act and the Acts amending the same into execution in any District, to such amount as shall be from time to time sanctioned by the District Board (2), shall be paid out of the funds of the District Board (2) applicable to the general expenses incurred by them in the execution of the Metropolis Management Act, 1855, and the sums required for the purpose of defraying the expenses incurred by the Commissioners as aforesaid shall be paid by the District Board (2) to such person as shall be appointed by the Commissioners to receive the same, but nothing herein contained shall enable District Boards (2) to levy or expend for the purposes of the principal Act and the Acts amending the same any greater sum in any year that one penny in the pound (4).