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that the Commissioners have no power to appoint a Committee, as the Section, corresponding in this paragraph with the repealed Section, only gives such authority to an Urban Authority.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provision in Section 4, that when adopted the repealed Act was to "be carried into execution in accordance with the laws for the time being in force relating to the Municipal Corporation of such Borough".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 The requirement of the repealed Section, that the Parishes should be "adjoining," is omitted.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(c) The repealed Section 3 of the Act of 1889 was limited to Libraries.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.

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(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. It is not limited, like the preceding Sub-section, to Parishes.

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.

FINANCIAL PROVISIONS.

Expenses of Library Authority-How defrayed.

18. (1) The expenses incurred in a Library District (a) in and incidental to the execution of this Act, including all expenses in connection with ascertaining the opinion of the voters in the District (b), may be 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

(b) 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 Acts (e), or a separate rate to be made, assessed, and levied in like manner as the rate so applicable (c); and (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 (ƒ).

(2) Where the Library District is a Parish, and is not combined with any other Parish (g) for the execution of this Act, then(i.) such amount only shall be raised out of a rate for the purposes of this Act as is from time to time sanctioned by the Vestry (gg) of the Parish (h); and

(ii.) the Vestry to be called for the purpose of sanctioning the amount shall be convened in the manner usual in the Parish; and

(iii.) the amount for the time being proposed to be raised for the purposes of this Act shall be expressed in the notice convening the Vestry, and (if sanctioned) shall be paid according to the order of the Vestry to such person as may be appointed by the Library Authority to receive it; and

(iv.) 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 this Act bears to the total amount of the rate.

(3) Where a Parish or a part of a Parish is annexed in pursuance of this Act to any Library District (?), so much of the said expenses as is chargeable to such Parish or part shall be defrayed in like manner as if such Parish or part were a separate Library District, but the sanction of the Vestry shall not be required for raising the sums from time to time due from the Parish for meeting those expenses.

NOTES.

(a) See Section 1 (2), page 2, for definition. The expenses are subject to the limitations in Section 2, page 2. As to expenses in the City of London, see Section 21 (3), page 32, and in a Metropolitan District, Section 22 (3), page 33.

(b) And this whether the Act is adopted or not.

(c) See note to Section 2, page 2, as to the cost of collecting the rate.

(d) i.e., a Local Board or Improvement Act District.

(e) i.e., the General District Rate.

(f) Reg. v. Blenkinsop (92 L. T. 9, 56 J. P. 246). A Public Library rate being imposed under 18 and 19 Vict., c. 70, s. 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, c. 38, s. 11, to recover the unpaid differences for the five years as arrears. Held that the Overseers were authorised by the latter Act so to treat the unpaid balance as arrears.

(g) i.e., under Section 9, per page 13. As to Parishes "annexed" to a Library District see Sub-section (3). Parishes amalgamated by agreement under Section 16 do not appear to be exempt from the conditions of this Sub-section.

(gg) For constitution of Vestry, see Section 26, page 38. The repealed Act of 1890 provided that all references to Vestries should mean the voters.

(h) This follows Section 1 of the Public Libraries Amendment Act, 1889, now repealed, except that by the Act of 1890 all references to Vestries were to be construed as references to the voters. It is difficult to conceive the reason for the resuscitation of the Vestry's veto on the expenses in a Parish not annexed to a Library District (see Sub-section 3 and Section 10, page 14), for the consent of the voters having once been obtained to a certain limit of expenditure the Vestry ought to have no power to impose, as it might, any further restriction. And what would the result be if the Vestry refused to sanction certain expenditure? Again it is to be observed that Commissioners of Parishes who have entered into agreements under Section 16 are not exempted from the provisions of Sub-section 2, and such agreements might be rendered nugatory if the Vestry in any year chose to refuse its sanction to the expenses.

(i) i.e., under Section 10, page 14. See Sub-section 2 of this Section, and Section 9, page 13, as to Parishes combined with other Parishes and the preceding note.

GENERAI LY ON THE SECTION.-It is to be carefully noted that the provisions in the

corresponding Sections of the repealed Acts which limited the amounts to be "paid” or "expended" to one penny in the pound are not repeated, and attention is directed to the notes on Section 2, page 2.

BORROWING BY LIBRARY AUTHORITY.

19. (1) Every Library Authority (a), with the sanction of the Local Government Board, and in the case of a Library Authority being Commissioners appointed for a Parish, with the sanction also of the Vestry of such Parish (b), may borrow money for the purposes of this Act on the security of any fund or rate applicable for those purposes.

(2) Sections 233, 234, and 236 to 239, both inclusive, of the Public Health Act, 1875, relating to borrowing by a Local Authority shall apply, with the necessary modifications, to all money borrowed by any Library Authority for the purposes of this Act, as if the Library Authority were an Urban Authority, and as if references to this Act were substituted in those Sections and in the forms therein mentioned for references to the Public Health Act, 1875 (c).

(3) The Public Works Loan Commissioners may in manner provided by the Public Works Loans Act, 1875, lend any money which may be borrowed by a Library Authority for the purposes of this Act.

NOTES.

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

(b) This applies to every Parish, whether combined with another or not. See note (h) to Section 18, page 24.

(c) These provisions of the Public Health Act are set out at page 147. It does not appear that a mortgage of the Library or other buildings may be made.

ACCOUNTS AND AUDIT (1).

20. (1) Separate accounts shall be kept of the receipts and expenditure under this Act of every Library Authority and their officers, and those accounts shall be audited in like manner and with the like incidents and consequences, in the case of a Library Authority being an Urban Authority, and of their officers, as the accounts of the receipts and expenditure of that Authority and their officers under the Public Health Acts (a).