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(c) See Section 3, page 4. The District Board will in a Metropolitan District be the Authority referred to in that Section.

(d) Not the Vestry. And as such Library Authority the Commissioners will have all the powers applicable to Library Authorities generally (see Section 4, page 10, Section 11, page 14 as to the provision of Libraries, &c., Section 15, page 19, as to management, Section 18, page 23, as to expenses, Section 19, page 25, as to borrowing, and Section 20, page 25, as to accounts). Section 23 post will apply in lieu of Section 12 as to the appropriation of land. (e) See Section 5, page 11, as to the constitution of Commissioners, Section 6, page 11, as to rotation, Section 7, page 12, as to meetings,Section 8, page 13, as to proceedings, Section 16, page 21, as to agreements for the joint use of a Library. Section10, page 14 (power to annex Parish to adjoining District), does not appear to apply to a Metropolitan District, as the provisions made applicable by this Sub-section are limited to those which relate to "Commissioners" (see note (g)). Section 9, page 13 (combination of Parishes), applies (see Sub-section 4 of this Section). (5) This corresponds with the provisions as to a Parish (see Section 18, page 23). If the District is "combined with another under Sub-section (4) and Section 9, page 13, the District Board's veto will still apply. But it is very doubtful whether the power to annex a.District to another Library District (under Section 10, page 14) applies (see note (g)). If it does not, the saving in Section 18 (3) does not apply to such a Metropolitan District (see the notes to Section 18, page 23).

(f) The words "or expend" are omitted.

(g) See Section 9, page 13, and Section 18, and particularly 18 (2), page 23. There is no direct incorporation of Section 10, page 14 (power to annex Parish to adjoining District), and, as before pointed out, it is very doubtful whether this power extends to Metropolitan Districts. The only provision which appears to warrant the conclusion that Section 10 is incorporated is that in Sub-section (2), which enacts that the provisions of this Act relating to Commissioners shall apply. It is submitted that Section 10 is not a provision "relating to Commissioners" within this Section, like Sections 5 to 8. Certainly it authorises the Vestry to appoint Commissioners, but so does Section 9, page 13; and if this submission be inaccurate, there was no necessity for the Sub-section (4) now under comment, as Section 9 would be one "relating to Commissioners," and would be incorporated by Sub-section (2). (h) The Act may be adopted for a Parish in the Metropolis unless the District in which the Parish is situated has adopted it (see Sub-section (6)). The legislation on this subject has been very confusing. Section 11 of the Act of 1887 corresponded in effect with Subsection (6), but it was repealed by the Act of 1890 (Schedule II.).

POWER TO VESTRY OR DISTRICT BOARD IN LONDON TO APPROPRIATE LAND FOR LIBRARY, &c.

23. The Vestry (a) or District Board constituted under the Metropolis Management Act, 1855, for any Parish mentioned in Schedule A (aa), or District mentioned in Schedule B (bb), to that Act, as amended by any subsequent Acts, may, if this Act is in force in such Parish or District, appropriate, with the sanction of the Local Government Board, for the purposes of this Act any land (b) which is vested in such Vestry or Board (c).

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(6) Land includes buildings (see Section 11, note (cc), page 15).

(c) See Section 12 (2) as to appropriation of sites in Urban Districts, page 16.

SUPPLEMENTAL PROVISIONS.

ADJUSTMENT OF INTERESTS ON TERMINATION OF AGREEMENT.

24. Any agreement under this Act between two or more Vestries (aa) or Library Authorities (a), or between a Library Authority and any other body (b), may provide that on the termination of the agreement an adjustment shall be made of the interests of the several parties thereto in any property to the provision of which they have contributed, and as to the mode in which the adjustment shall be arrived at (c), and in the event of any dispute the adjustment shall, on the application of any of the parties, be made by an arbitrator appointed by the Local Government Board.

NOTES.

(aa) See Section 26, page 38, for constitution of Vestries.

(a) See Sections 9, 10, and 16, pages 13, 14, and 21 respectively.

(b) The words "or between a Library Authority and any other body" are new. Query,

Do they cover agreements between Library Authorities and individuals?

(c) This provision follows that in Section 3 of the Act of 1889 (repealed). The words following are new.

SAVING FOR OXFORD.

25. Nothing in this Act shall interfere with the operation of the Act of the session of the twenty-eighth and twenty-ninth years of the reign of Her present Majesty, Chapter 108, so far as it relates to the collection of a rate for a Public Library in Oxford (a).

NOTE.

(a) See Summary of Acts, viii., page 91. See also Section 29 page 39. This Section was inserted during the passage of the Bill through Parliament.

CONSTITUTION AND PROCEEDINGS OF VESTRY FOR PURPOSES OF ACT.

26. For the purposes of this Act the Vestry of a Parish shall be any body of persons acting by virtue of any Act of Parliament as or instead of a Vestry, and, where there is no such body, shall be the Inhabitants of the Parish in Vestry assembled, but in the latter case the persons registered as County electors in respect of the occupation of property situate in the Parish, and no other persons, shall be members of the Vestry (a).

NOTE.

(a) The Act of 1890 provided that all references to "Vestries" should be construed as references to the voters. This provision is now repealed and the former definition revived.

DEFINITIONS.

27. In this Act, unless the context otherwise requiresthe expression "Urban District" means a Municipal Borough, Improvement Act District, or Local Government District; and "" Urban Authority" means, as regards each such District, the Council, Improvement Commissioners, or Local Board:

the expression “financial year" means the period of twelve months for which the accounts of a Library Authority are made up:

the expression "voter" means a person who is registered as a County elector or enrolled as a burgess in respect of the occupation of property situate in the District or Parish in connection with which the voter is mentioned:

the expression "Overseers " includes any persons authorised and required to make and levy poor rates in a Parish, and acting instead of Overseers:

the expression "Common Council" means, in relation to the City of London, the mayor, commonalty, and citizens, acting by the mayor, aldermen, and commons in common council assembled.

NOTE.

For definition of "Library District," see Section 1 (2), page 2, of "Library Authority," Section 4, page 10, and "Vestry," Section 26, page 38.

REPEAL.

28. (1) The Acts mentioned in the Second Schedule to this Act (a) shall be repealed as from the commencement of this Act, save so far as any of them extend beyond England and Wales, and where those Acts have been adopted for any Library District, that adoption shall be deemed to have been an adoption of this Act, and this Act shall apply accordingly (b).

(2) For the purpose of this Section the said Acts shall be deemed to have been adopted for any District in which they were in force immediately before the commencement of this Act.

(a) See page 46.

NOTES.

(6) The saving clause is most important to existing Authorities.

SAVING AS TO LOCAL ACTS.

29. Nothing in this Act shall be deemed to limit, or to reduce or alter the limit of any rate which any Library Authority is authorised to levy under or by virtue of any local Act.

NOTES.

Local Acts allowing a higher maximum rate than one penny, or a special appropriation of corporate funds in addition to the Library rate, are in force in the following towns: Birmingham, Manchester, Nottingham, Oldham, St. Helens, Preston, Sheffield, Wigan. For examples of the provisions of these Acts, see page 80.

COMMENCEMENT.

30. This Act shall come into operation on the first day of October next after the passing thereof.

SHORT TITLE.

31. This Act may be cited as the Public Libraries Act, 1892.

[NOTE. These regulations are not applicable in an Urban District as the Urban Authority may adopt the Act without obtaining the consent of the voters, see the Act of 1893, Section 2, page 158.]

SCHEDULES.

FIRST SCHEDULE.

Regulations for Ascertaining the Opinion of the Voters in a
Library District (a).

In these regulations the expression "presiding officer" means, in relation to any Library District, the Authority required under this Act to ascertain the opinion of the voters in that District on any question (b), or a person appointed by that Authority (c), and that Authority is referred to in these regulations as the "District Authority (b) (c).

PART I. PROCEDURE BY VOTING PAPERS.

1. The District Authority (b) shall, before the day appointed for the issuing of the voting papers, provide the presiding officer (d) with a copy of the burgess roll, or county register, as the case may be, or of the part or parts thereof containing the names of all the voters (e) in the Library District («).

2. On the day appointed for issuing the voting papers, the presiding officer shall send by post, or cause to be delivered to every voter, at his address appearing in the roll, or register, a voting paper in the form contained in Part II. of this Schedule, or to the like effect (ƒ).

3. Every voting paper shall bear the number of the voter on the roll, or register, as the case may be, and shall contain directions to the voter, in accordance with these regulations, as to the day on which, and the hours within which, the voting paper is to

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