See the General Note at Top of page 47. EXPENSES OF CARRYING ACT INTO EXECUTION. 7. The expenses of carrying this Act into execution, when adopted, including all sums payable in respect of interest and sinking fund for money authorised to be borrowed, and all sums necessary for the maintenance and management of the Libraries and Museums established under this Act, or to which this Act applies, or for the purchase of the articles and things authorised by this Act to be purchased, shall be paid out of the Library Rate, which shall be levied and recovered, in the case of a Burgh, by the Magistrates and Council, from the same description of persons and property, and with and under the like powers, provisions, and exceptions as the Burgh General Assessment, and in the case of a Parish by the Board, from the same description of persons and property, and with and under the like powers, provisions, and exceptions as the assessment leviable under the Act Eighth and Ninth Victoria, Chapter 83. RATE NOT TO EXCEED ONE PENNY PER POUND. 8. The amount of the Library Rate to be levied in any year shall in no case exceed the sum of one penny in the pound of yearly rent or annual value as appearing on the valuation roll, and where, under the provisions of any general or local Police Act, the Burgh general assessment is or may be levied at a higher rate upon lands or premises above a certain fixed rent than upon lower rented lands or premises, such provisions, so far as they authorise such differential rate, shall not be applicable to or affect the Library Rate. ACCOUNTS TO BE OPEN TO INSPECTION, AND TO BE AUDITED AND PUBLISHED ANNUALLY. 9. The Magistrates and Council of a Burgh, or the Board of a Parish, as the case may be, shall provide and keep books in which shall be entered true and regular accounts of their receipts, payments, and liabilities with reference to the execution of this Act, which books shall, at all reasonable times, be open, without fee or reward, to the inspection of every person liable to be assessed for the Library Rate; and the Magistrates See the General Note at Top of page 47. and Council or Board, as the case may be, shall cause such accounts to be annually audited by one or more competent auditors, not being members of the Committee, after which audit the accounts shall be signed by two of the Magistrates and Council, or two members of the Board, as the case may be, and an abstract thereof similarly signed shall be printed and shall be inserted in one or more newspapers published or circulated in the Burgh or Parish. LANDS, &c., MAY BE APPROPRIATED, PURCHASED, OR RENTED. 10. The Magistrates and Council or Board, as the case may be, may from time to time appropriate, for the purposes of this Act, any lands or buildings vested in them, and may, out of the Library Rate, or out of money borrowed as herein provided, purchase, feu, or rent any land, or any suitable building; and may, upon the land so appropriated, rented, feued, or purchased, erect any building suitable for Public Libraries, Public Museums, Schools for Science, Art Galleries, and Schools for Art, or for any one or more of those objects, and may alter or extend any buildings for such purposes, and repair and improve the same respectively, and fit up, furnish, and supply the same respectively with all requisite furniture, fittings, and conveniences. PARTS OF 8 AND 9 VICT., CAP. 19 INCORPORATED. 11. The clauses and provisions of the Lands Clauses Consolidation (Scotland) Act, 1845, with respect to the purchase of lands by agreement, and with respect to the purchase money or compensation coming to parties having limited interests, or prevented from treating or not making title, and with respect to conveyances of lands, so far as such clauses and provisions are applicable to purchases, feus, or leases authorised by this Act, and are not herein expressly varied, shall be incorporated with this Act; and the expression "the special Act" used in such clauses and provisions shall be construed to mean this Act; and the expression "the promoters of the undertaking" used in such clauses and provisions shall be construed to mean the Magistrates and Council, or the Board, as the case may be. See the General Note at Top of page 47. 12. The Magistrates and Council, or the Board, as the case may be, may sell any lands, buildings, or other property vested in them for the purposes of this Act, or exchange the same for any lands, buildings, or other property better adapted for such purposes, and the money arising from such sale, and the property received in exchange, shall be applied and held for the purposes of this Act. LANDS, &c., VESTED IN MAGISTRATES, &c., AND BOARDS. 13. The lands and buildings so to be appropriated, purchased, or rented, and all other real or personal property whatever, presented to or purchased for any Library or Museum established under this Act or to which this Act applies, shall in the case of a Burgh be vested in the Magistrates and Council, and in the case of a Parish in the Board. POWERS OF BORROWING. 14. The Magistrates and Council, or the Board, as the case may be, may from time to time borrow at interest on mortgage or bond on the security of the rate to be levied in pursuance of this Act, for the purposes thereof, a sum or sums of money not exceeding the capital sum represented by one-fourth part of the Library Rate, authorised by this Act, capitalised at the rate of twenty years purchase of such sum; and on repayment of such sum or sums, or any part thereof, they may from time to time re-borrow in manner and for the purposes aforesaid, but so that the whole sum borrowed at any one time shall not exceed the amount of the said capital sum after deducting therefrom any sums set apart as a sinking fund as herein-after provided. SINKING FUND. 15. The Magistrates and Council, or the Board, as the case may be, are hereby required to set apart annually, as a sinking fund for the extinction of capital sums, borrowed under the authority of any Library Act in force for the time being, or of this Act, a sum See the General Note at Top of page 47. equal to at least one-fiftieth part of the money so borrowed, and such sinking fund shall be from time to time applied in repayment of the money so borrowed, and to no other purpose whatever, and shall be lodged in a joint stock bank of issue in Scotland, or invested in Government securities, or lent out at interest in the name and at the discretion of the Magistrates and Council, or the Board, as the case may be, until the same be applied for the purpose before specified. PARTS OF 10 AND 11 VICT., CAP. 16, INCORPORATED. 16. The clauses and provisions of the Commissioners Clauses Act, 1847 (a), with respect to the liabilities of the Commissioners, and to legal proceedings by or against the Commissioners, and with respect to mortgages to be executed by the Commissioners, excepting Sections 84, 86, and 87, shall, unless herein expressly varied, be incorporated with this Act, and the several words and expressions, to which by the last recited Act meanings are assigned, shall in this Act have the same respective meanings, unless there be something in the subject or context repugnant to such construction; and the expression "the special Act" used in such clauses and provisions herewith incorporated shall mean this Act; and the expression "the Commissioners " shall mean the Magistrates and Council or Board and the Committee in the discharge of their respective duties under this Act. NOTE. (a) See these provisions, page 141. POWER TO ACCEPT PARLIAMENTARY GRANT UNDER CONDITIONS. 17. When the Magistrates and Council, or Board, as the case may be, accept a grant out of moneys provided by Parliament, from any Committee of the Privy Council on Education, 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 any teacher in such school, or towards the furnishing of any such school, they shall have power to accept such grant upon the conditions prescribed for the acceptance thereof by the said Committee, and to execute such instruments See the General Note at Top of page 47. as may be required by the said Committee for carrying into effect such conditions, and upon payment of the grant shall, together with their successors, be bound by such conditions and instrument, and have power and be bound to fulfil and observe the same. COMMITTEE TO BE APPOINTED. 18. The Magistrates and Council of any Burgh, or the Board of any Parish where this Act has been adopted shall, within one month after its adoption, and thereafter from year to year, in the case of a Burgh, at the first meeting after the annual election of Town Councillors or Commissioners of Police, and in the case of a Parish, at the first meeting after the annual meeting for the election of representative members of the Parochial Board, appoint a Committee, consisting of not less than ten nor more than twenty members, half of whom shall be chosen from amongst the Magistrates and Council, or Board, as the case may be, and the remaining half from amongst the householders of the Burgh or Parish other than the Magistrates and Council, or Board, and three members of such Committee shall form a quorum. APPOINTMENTS TO VACANCIES IN COMMITTEE. 19. Any member of Committee shall have power to resign office upon giving at least fourteen days previous notice to the Clerk of the Committee of his intention so to resign; and in the event of any vacancy occurring in the Committee during their term of office by the resignation or death of any member, the Committee shall forthwith cause the same to be intimated to the Magistrates and Council, or Board, and the Magistrates and Council, or Board, as the case may be, may at a meeting thereafter elect from among themselves, or from among the householders other than themselves, according to the class in which the vacancy has arisen, a member of Committee in place of the member so resigning or dying, provided that no proceedings of the Committee shall be invalidated or be illegal in consequence of a vacancy or vacancies in the number of the Committee. MEETINGS OF COMMITTEE AND APPOINTMENT OF 20. CHAIRMAN. The Committee appointed as aforesaid shall, in the |