THE MORTMAIN AND CHARITABLE USES ACT, 1888. The sixth Section provides that—(1) Parts I. and II. of this Act shall not apply to an assurance by will of land of the quantity hereinafter mentioned for the purposes only of a Public Park, a Schoolhouse for an 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 assurer, or be a reproduction in substance of a devise made in a previous will in force at the time of such reproduction, and which was executed not less than twelve months before the deail of the assurer, 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 . (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 premises used or to be used in connection therewith. [This Section is almost identical with the provisions of the Public Parks Act, 1871 (34 Vict., c. 13), now repealed (see Section 13). The term “will” includes a codicil (vide Section 10). It will be observed that, as in the Act of 1871, so in this enactment, the limit of acreage is confined to gifts by will, and gifts by deed may be of any quantity, provided the formalities of enrolment and execution are observed.] MUSEUMS AND GYMNASIUMS ACT, 1891. 54 AND 55 VICT., CAP. XXII. An Act to enable Urban Authorities to provide and maintain Museums and Gymnasiums. [3rd July, 1891.] Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: Short Title. 1. This Act may be cited as the Museums and Gymnasiums Act, 1891. Extent of Act. 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 administrative county of London. Adoption of Act. 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 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 (b) 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. Power to provide Museum and Gymnasium. 4. An Urban Authority may provide and maintain Museums for the reception of local antiquities or other objects of interest, and Gymnasiums, with all the apparatus ordinarily used therewith, and may erect any buildings, and generally do all things necessary for the provision and maintenance of such Museums and Gymnasiums. Admission to Museum. 5. A Museum provided under this Act shall be open to the public not less than three days in every week free of charge, but subject thereto an Urban Authority may admit any person or class of persons thereto as they think fit, and may charge 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 to the 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. Admission to Gymnasium. 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 (b) 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 payment and on such terms and conditions as they think fit. (3) An Urban Authority may (for not more than twenty-four days in one year nor more than six 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, entertainment, 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. Regulations and Bye-laws. 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 Gymnasium is to be open to the public free of charge : (b) 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 inany other special manner: (d) For regulating the use of the Gymnasium either by classes or otherwise, and fixing the scale of fees to be paid for such use. (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 : (f) For determining the duties of the instructor, officers, and servants of the Urban Authority in connection with a Museum or Gymnasium: (g) Generally for regulating and managing the Museum or Gymnasium. (2.) The Urban Authority may make byelaws for regulating the conduct of persons admitted to the Museum or Gymnasium, and may by any such byelaw provide for the removal from the Museum or Gymnasium of any person infringing any such byelaws by any officer of the Urban Authority or by any constable. All the provisions with respect to byelaws contained in Sections 182 to 186 of the Public Health Act, 1875, and any enactment amending or extending those Sections, shall apply to all byelaws from time to time made by an Urban Authority under the powers of this Act. Closing of Museum or Gymnasium for repairs. 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 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. Appointment of Officers and Servants for Museum and Gymnasium. 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. Expenses and Borrowing. 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), as amended by Section 2 of the Public Works Loans Act, 1879, 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. Acquisition of Land. 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 Sections 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. Power to Sell Museum or Gymnasium in certain cases. 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 Government Board, sell the same for the best price that can reasonably 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. Powers of Act Cumulative. 13. All powers given to an Urban Authority under this Act shall be deemed to be in addition to and not in derogation 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. |