and locked up. None of the buildings were occupied by any officer of the Corporation, or by any person paying rent for the same, or having an allowance in lieu of rent, with the exception that fines were charged to and paid by persons who kept books lent by the Libraries beyond the time allowed by the rules. No payment was made to the Corporation by any person using them. The Commissioners discharged the assessments on the ground that the Corporation were, in respect of their ownership of these three Free Libraries, entitled to exemption as a "literary or scientific institution" within the meaning of Rule 6, Section 61, Schedule A of 5 and 6 Vict., c. 35. Held (allowing the appeal) that Free Libraries established by Corporations or Commissioners under the Free Libraries Acts are not within the class of institutions entitled to exemption under Rule 6. Judgment for the Crown.

In Greig v. University of Edinburgh (L. R. 1, H. L. (Sc.) 348) it was decided that University property, though dedicated to public purposes, being neither wholly nor in part held by the Crown, is rateable.

Museums. See the Museums and Gymnasiums Act, 1891, page 151.

(d) The words in brackets [ ] are new. There is no provision as to any purpose for which "capital money" may be applied. It probably is intended to mean for the erection of buildings or reduction of loans.

(e) This Sub-section is entirely new; such power was not given by any earlier Act. The rents and profits it would appear may be used in addition to the rate.

POWER TO GRANT CHARITY LAND FOR PURPOSES OF THIS ACT.

13. (1) Any person holding land for ecclesiastical, parochial, or charitable purposes may, subject as herein-after provided, grant or convey, by way of gift, sale, or exchange, for any of the purposes of 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 Ecclesiastical 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 Commissioners; and

(d) 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).

NOTE.

(a) This Section is a reproduction of Section 8 of the Public Libraries Amendment Act, 1890. For provisions affecting London, see Sections 21 and 22, page 32.

VESTING OF PROPERTY IN LIBRARY AUTHORITY. 14. All land appropriated, purchased, or rented, and all other real and personal property presented to or purchased or acquired for any Library, Museum, Art Gallery, or School under this Act shall be vested in the Library Authority (a).

NOTE.

(a) See Section 4, page 10. For provisions affecting London, see Sections 21 and 22, page 32.

GENERAL MANAGEMENT.

15. (1) The general management, regulation, and control of every 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).

(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 (ƒ), 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 (g).

NOTES.

(a) See Section 4, page 10. As to the City of London, see Section 21, and as to the Metropolis, Section 22, page 32.

(b) Section 21 of the Act of 1855, from which the whole of this Section is taken, enacted that the Authority might provide "the necessary fuel, lighting, and other similar matters". These words are omitted, probably as being unnecessary, since Section 11, page 14, authorises the provision of the various institutions, and Section 18, page 23, provides for the payment of all expenses in and incidental to the execution of the Act. (c) The regulations may impose fines for the detention of books. In the Nottingham County Court proceedings were taken against a borrower for fines amounting to 7s. 1d. An order for payment of the sum claimed, together with costs, was made. In this case the defendant had signed an acknowledgment of the rules framed under the corresponding Section in the repealed Act regulating the user and borrowing of books. One of the rules required books to be returned within a prescribed time or a fine of so much per week would become payable, and the proceedings were taken to enforce the fine.-(Nottingham Corporation v. Abbott.)

The like proceedings have been taken at Gateshead.

The following is a copy of an information for non-return of a book in a case at Richmond with which the librarian has favoured the editors, viz. :-"Did unlawfully and without just cause detain a certain book, to wit, . . . of the value of . . . to the possession of which the said [librarian's name] claims to be entitled after due notice of his claim to the same ". This information was laid under a Metropolitan Act (2 and 3 Vict., c. 71, s. 40). (d) The regulations cannot impose any charge for the admission of inhabitants of the District to a Library or Museum, or for the use of a Lending Library, but may fix a payment to be made by persons not inhabitants (Section 11 (3), page 15).

(e) See definition in Section 27, page 38. Commissioners appointed for a Parish under Section 5 are not included.

(ƒ) This is more explicit than the repealed Section. It will be necessary for a Library Authority acting by a Committee to define its duties and the extent of the powers delegated to it on its appointment, which may provide that its proceedings (within its delegation) are not to be subject to the approval of the Authority. This is doubtless the intention of the Act, especially in view of the provision that co-optative members may be appointed members of "the Committee," and their appointment might be rendered practically nugatory if the Authority retained the power to exercise control over the Committee's proceedings.

The question whether the Committee appointed under Section 21 of the Act of 1855 had power to act without obtaining the approval of the body appointing, was one upon which opinion and practice were divided. It is to be observed that the powers and duties of the Committee when appointed are limited to the matters named in the Section, so that it will have no power to levy a rate, and there is nothing in the Act to prevent the Council or Board retaining the right to exercise control over the Committee's proceedings. In

Parishes it would appear that the Commissioners have no power to appoint a Committee, as the Section, corresponding in this paragraph with the repealed Section, only gives such authority to an Urban Authority. In Boroughs the matter was complicated by the

provision in Section 4, that when adopted the repealed Act was to "be carried into execution in accordance with the laws for the time being in force relating to the Municipal Corporation of such Borough". This provision has not been repeated.

(g) The co-optative members (if any are appointed) would appear to have the same powers as members of the Authority when acting on the Committee. As to the Committee appointed for combined Urban Districts, see the Act of 1893, Section 4 (2), page 159.

POWER TO LIBRARY AUTHORITIES TO MAKE AGREEMENTS FOR USE OF LIBRARY.

16. (1) The Commissioners separately appointed for any two or more Parishes for which this Act has been adopted (a) may, with the consent of the voters (b) in each of those Parishes, 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 (c) situate in one of those Parishes, and also the cost of the purchase of books and newspapers for such Library (c), and all other expenses connected with the same (d).

(2) The Library Authority of any Library District (e) may, with the consent of the voters (b) 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(ƒ)].

(3) This Section shall apply, with the necessary modifications, to a Museum, School for Science, Art Gallery, or School for Art in like manner as to a Library (g).

NOTES.

(a) See Section 5, page 11. The Section does not apply to Urban Districts or the City of London. It is doubtful whether it applies to Metropolitan Districts or not. See particularly Section 22 (4), page 33. The requirement of the repealed Section, that the Parishes should be "adjoining," is omitted.

(b) See Section 3 (c), page 4.

(c) The repealed Section 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, page 13, authorises "Vestries" of neighbouring 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 Section 9, page 13. The side note which in this publication forms the heading is misleading, as only Library Authorities in Parishes may exercise the power under Sub-section (1).

It is to be observed that Section 18 (3), page 24, provides that in a Parish annexed to a Library District (i.e., under Section 10, page 14) the expenses do not require the sanction of the Vestry. And this applies to a combination of Parishes under Section 9, page 13 (see Section 18 (2)). Expenses under agreements within this Sub-section would appear to require the sanction of the Vestry as well as the voters (Section 18 (2), page 23). (e) This Sub-section is taken from Section 7 of the repealed Act of 1890. limited, like the preceding Sub-section, to Parishes.

It is not

As to the

(f) The words in brackets are an important addition to the Act of 1890. adjustment of interests on the termination of an agreement, see Section 24, page 37.

(g) Sub-section 3 is quite new. It is conceivable that it may have quite a considerable effect in broadening the work of existing Library Authorities, especially where aid is sought from public funds applicable to technical education.

POWER TO LIBRARY AUTHORITY TO ACCEPT
PARLIAMENTARY GRANT.

17. Where a Library Authority (a) accepts a grant out of money provided by Parliament from the Department of Science and Art (b) 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 a teacher in any such School, or towards the furnishing of any such School. that Anthority 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 conditions and instruments, and have power and be bound to fulfil and observe the same (c).

NOTES.

(a) See Section 4, page 10. As to the City of London, Section 21, and the Metropolis, Section 22, page 32.

(b) In Section 1 of the Act of 1884, on which this Section is based, the Privy Council on Education was inserted instead of the Department of Science and Art. The effect of the Section will, however, remain the same.

(c) See the Directory of the Science and Art Department for the conditions on which grants are made (published annually, price sixpence, by Eyre & Spottiswoode, East Harding Street, London, E.C.). See also what is said under Technical Education, page 103 et seq.