opinion of the voters under the Public Libraries Act, 1892, do hereby publish the result of the Poll: that is to say, Number of valid voting papers in favour of the adoption of the Act Number of valid voting papers against the adoption of the Act (Or the questions and result may be set out if preferred in the Form given above.) Number of invalid papers Majority in favour The majority of the answers recorded on the valid voting papers being in favour of the adoption of the Act, the same is by Section 3 of the said Act deemed to be forthwith adopted for the said Borough. SCOTLAND. GENERAL NOTE.-The only Acts applicable in Scotland are the Consolidating and Amending Act of 1887 and the Edinburgh Public Library Assessment Act, 1887, hereinafter set forth. A reference to the notes and cases on the corresponding sections in the English Acts may assist in the interpretation of the provisions respecting Scotland, but it should be distinctly borne in mind that the whole of the provisions affecting Scotland are here set forth, and consequently the English Act is not applicable. XVII.-PUBLIC LIBRARIES CONSOLIDATION (SCOTLAND) ACT, 1887. CHAPTER 42. An Act to amend and consolidate the Public Libraries (Scotland) Be it therefore 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 Public Libraries Consolidation (Scotland) Act, 1887, and shall apply to Scotland only. DEFINITIONS. 2. The following words and expressions in this Act shall have the meanings hereby assigned to them, unless there be something in the subject or context repugnant to such construction; that is to say, "Burgh" shall include Royal Burgh, Parliamentary Burgh, Burgh incorporated by Act of Parliament, Burgh of Regality, Burgh of Barony, and any populous place or Police See the General Note at Top of page 47. Burgh administered wholly or partly under any general or local Police Act, and the boundaries of such Burgh shall, for the purposes of this Act, be the boundaries to which such general or local Police Act extends : Parish shall mean a Parish for which a separate poor rate is or can be imposed, or for which a separate Parochial Board is or can be appointed, and shall be exclusive of the area of any Burgh or part of a Burgh situated therein: "Householders" shall mean, in the case of a Burgh, all per sons whose names are entered on the Municipal Register, and in the case of a Parish, all persons entitled to vote in the election of a School Board in such Parish, under the provisions of the Education (Scotland) Act, 1872, and any Act amending the same: 35 and 36 Vict. c. 62. "Magistrates and Council" shall be applied collectively, and not separately, and shall include Provost, Magistrates, and Town Council, Magistrates and Commissioners of Police, and any other body of persons for the time being in office, by authority of whom the Burgh General Assessment is levied ; and where in any Burgh the Magistrates and Council form a corporate body, and there is also in the same Burgh a Board of Commissioners of Police by whom the Burgh General Assessment is levied, the words "Magistrates and Council" shall, as regards the levying and recovering of the library rate, apply to such Commissioners of Police, but in every other respect it shall apply to such corporate body of Magistrates and Council : "Chief Magistrate" shall include Provost, and shall apply to any Magistrate legally acting as Chief Magistrate for the time being: Board" shall mean the Parochial Board acting under the Act Eighth and Ninth Victoria, chapter 83, and any Act amending the same: Committee " shall mean the Committee appointed under any Public Libraries Act affecting Scotland for the time being, or this Act: See the General Note at Top of page 47. Municipal Register" shall mean the register, list, or roll of persons entitled to vote in an election of Town Councillors or Commissioners of Police, in a Burgh, made up according to the law in force for the time being: 'Burgh General Assessment" shall mean an assessment which, under any general or local Police Act, shall be applicable to the general purposes of such Act: Library Rate" shall mean the rate or assessment authorised by this Act for the purpose of carrying the Act into execution : "Libraries and Museums" and "Libraries or Museums" shall include Schools for Science, Art Galleries, and Schools for Art, and these expressions, or either of them, when used in the singular, shall include a School for Science, an Art Gallery, and a School for Art: Words importing the masculine gender shall, when applied to householders, include female householders. REPEAL. 30 and 31 Vict. c. 37; 34 and 35 47 and 48 Vict. c. 37. Vict. c. 59; 40 and 41 Vict. c. 54; 50 and 51 Vict. c. 85. 3. The Public Libraries (Scotland) Acts, 1867 to 1884, so far as the same relate to Scotland, are hereby repealed; but such repeal shall not invalidate or affect anything already done in pursuance of these Acts, or any of them, and all Burghs and Parishes in Scotland which before the passing of this Act have adopted the recited Acts shall thereafter be subject to the provisions of this Act: Provided always, that nothing in this Act contained shall prejudice or affect the provisions of the Edinburgh Public Library Assessment Act, 1887. ADOPTION OF ACT. 4. Upon the requisition in writing of the Magistrates and Council of any Burgh, or of ten or more householders in any Burgh or Parish, the Chief Magistrate of such Burgh, or in the case of a Parish, the Sheriff of the County in which such Parish or the greater part of the area thereof is situated, shall ascertain the opinions of the householders in such Burgh or Parish as to See the General Note at Top of page 47. the adoption of this Act in the manner set forth in Schedules (A.) or (B.) hereto annexed, which Schedules shall be construed and have effect as part of this Act, provided that where in any Burgh the number of householders exceeds three thousand, the Chief Magistrate shall adopt the procedure, by way of voting paper, set forth in Schedule (A.), but in any other case it shall be optional to the Chief Magistrate or to the Sheriff, as the case may be, to adopt such procedure by way of voting paper, or the procedure by way of public meeting, set forth in Schedule (B.). IF NOT ADOPTED, NO SIMILAR PROCEDURE FOR TWO YEARS. 5. In the event of the householders determining by a majority of votes that this Act shall be adopted in any Burgh or Parish, the same shall from thenceforth come into operation therein; but if by a majority of votes they shall determine against the adoption, the like procedure shall not take place for the space of at least two years from the date of such determination. EXPENSES OF DETERMINING AS TO ADOPTION. 6. The expenses of the procedure for determining as to the adoption of this Act shall, if the Act be not adopted, be paid, in the case of a Burgh, out of the Burgh General Assessment, and in the case of a Parish, out of the assessment for the relief of the poor in such Parish, or where there is no such assessment, by a rate which the Board are hereby empowered to levy and recover for this purpose, in the same manner and subject to the same conditions as are applicable to the Library Rate; but if the Act shall have been adopted the expenses of the procedure under which it has been adopted shall be payable out of the Library Rate, and it shall be in the power of the Chief Magistrate or of the Sheriff, as the case may be, immediately upon the adoption of the Act to borrow such sum or sums as may be necessary to defray such expenses on the security of the Library Rate to be afterwards levied. |