XIX. PUBLIC LIBRARIES ACTS AMENDMENT ACT, 1889.

Joint Library for several Parishes.

Section 3. It shall be lawful for the Commissioners separately appointed under the Public Libraries (England) Acts, 1855 to 1887, for any two or more adjoining Parishes, with the consent of the Vestries (a) of such Parishes, from time to time to 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 situate in one of such Parishes, and also the cost of the purchase of books, periodicals, and newspapers for such Library, and all other expenses connected with the same; and the inhabitants of both or all the said Parishes, as the case may be, shall be entitled to use the said Library so long as the agreement shall continue in force; and any such agreement may provide that upon its termination an adjustment shall be made of the interests of the several Commissioners in the library building, books, and other property to which they have contributed, and as to the mode in which such adjustment shall be arrived at (4).

XX. PUBLIC LIBRARIES ACTS AMENDMENT ACT, 1890.

Charity Commissioners Libraries-Joint Use.

Section 7. Section 3 of the Public Libraries Acts Amendment Act, 1889, shall be extended so as to enable any library authority, with the consent of the voters and of the Charity Commissioners, to agree for the like purposes as in that Section mentioned 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 (5), and the inhabitants of such Library District (5) shall be entitled to use the said Library so long as the agreement shall continue in force, and the other provisions of that Section shall apply.

NOTES. (1) The words in brackets are presumed to be repealed by Section 6 of the Act of 1866. See page 21. (2) This must now be taken as applying to the taking of a poll of the voters under the Act of 1890. See Section 2 (3), page 21, and Section 1, page 19. (3) Section 11 of the Act of 1887 preserved the right of any Parish in the Metropolis to adopt the Acts, but that Section was repealed by the Act of 1890. See Schedule 2 of that Act. (4) See the addition to this Section by the Act of 1890, Section 7 above. (5) See the definition, page 20. (a) See Section 1 of the Act of 1890, page 19, as to the construction of references to "Vestries". (b) See note (1) to Section 12 ante page 37.

THE METROPOLIS.

[NOTE.-There were no special provisions in the principal Act affecting the Metropolis only.]

XVI. PUBLIC LIBRARIES ACTS AMENDMENT ACT, 1887.

Extent of Act.

Section 3. This Act shall not apply to Scotland, Ireland, or the City of London (1).

Power for District in the Metropolis to Adopt the Act.

Section 10. In the Metropolis any district (2) shall have power to adopt the principal Act, and for such purpose the said Act shall be altered and have effect as follows:-

(1) Sections 8, 9, 12, 15, 21, and 22 shall be read as if the word "district" was substituted for the word "parish”; and the words "district board” (2) instead of the word "overseers” and the word "vestry," as the case may

be.

(2) Section 13 shall not apply, and instead thereof the following provisions shall have effect:

The expenses of calling and holding the meeting of the ratepayers (3), whether the principal Act shall be adopted or not, and the expenses incurred by the Commissioners in carrying the said Act and the Acts amending the same into execution in any District, to such amount as shall be from time to time sanctioned by the District Board (2), shall be paid out of the funds of the District Board (2) applicable to the general expenses incurred by them in the execution of the Metropolis Management Act, 1855, and the sums required for the purpose of defraying the expenses incurred by the Commissioners as aforesaid shall be paid by the District Board (2) to such person as shall be appointed by the Commissioners to receive the same, but nothing herein contained shall enable District Boards (2) to levy or expend for the purposes of the principal Act and the Acts amending the same any greater sum in any year that one penny in the pound (4).

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(3) Section 14 shall be read as if the words district boards " (2) were substituted for the word "vestries"; the word "district" (2) for " parish"; and "funds applicable to the general expenses incurred by the District Board in the execution of the Metropolis Management Act, 1855” for " money to be raised for the relief of the poor and Section 16 shall be read as if the words " district board" (2) were substituted for the word "vestry," and the words "rates out of which the expenses of the Commissioners are payable" for the words "rates levied in pursuance of this Act".

(4) Where any Parish has, previously to the passing of this Act, adopted the principal Act, or shall subsequently adopt the same (5):

(a) No person shall, by reason of being a ratepayer (6) of such Parish, be accounted as a ratepayer (6) of the District of which it forms a part.

(b) No representative on the District Board for such Parish shall take any part in any proceedings under this Section.

(c) Such Parish shall not be called upon to contribute towards any expenses incurred, and no part of the funds of such Parish shall be expended in or towards calling or holding the meeting (3) of the ratepayers of the District, or carrying the Act into execution in the District.

(d) And, in every respect, such Parish shall, for the purposes of this Section, be treated as if it were outside the District.

(e) Any question of accounts arising between such Parish and the other Parishes in the District, or between such Parish and the District, in consequence of this Section, shall be decided finally by the Local Government Board.

Power of Parish Preserved.

Section 11. This Act shall not deprive any Parish in the Metropolis of the power of adopting the principal Act; but after any District shall have adopted the said Act, no Parish within such District shall also adopt it in manner provided by Section 1 of the Public Libraries

Amendment Act, 1877, or hold a meeting for considering its adoption, without the consent of the Local Government Board (7).

NOTES.-(1) See page 65, with regard to the City of London. (2) See the definitions in Section 4 of the Act of 1887, page 19. (3) This must now be taken as applying to the taking of a poll under the Act of 1890. See Section 2 (3), page 21. (4) See 34 and 35 Vict., c. 71, s. 3, page 18. (5) Section 11 of the Act of 1887 preserved the right of any Parish in the Metropolis to adopt the Acts, but that Section was repealed by the Act of 1890. See Schedule 2 of that Act. (6) See Section 1 of the Act of 1890, page 19, as to the construction of references to "ratepayers". (7) Repealed by the Act of 1890. See Schedule 2 of that Act.

NOTES.--(1) This limit is still preserved (except as to the City of London) by the Act of 1890. See Section 3, page 21; under that Section the voters may fix the limit at one halfpenny or three farthings. (2) The paragraph in this Section which incorporated the clauses of the Towns Improvement Clauses Act, 1847, with respect to the making of rates, &c., were repealed as to Boroughs by Section 1 of the Act of 1866, as to Local Boards by Section 3 of the Act of 1871, and entirely by Section 6 above of the Act of 1887. (3) In Local Board Districts this is the General District Rate. (4) It is to be observed that in Boroughs the inspection of accounts is subject to the law affecting Municipal Corporations. (5) See Section 10 (1) of the Act of 1887, page 47, as to the Metropolis. (6) The Act of 1877 is repealed by the Act of 1890. See Schedule 2.

PRACTICAL POINTS AND CASES.

THE PENNY LIMIT.-In Expte. Brown In re Liverpool Corporation where the rate, under a local Act, was limited, the justices having refused to issue a distress warrant against the Overseers, it was held that the justices were right, and that a penny rate means a penny rate on the nominal rateable value, although part of it is unproductive, and that a deficiency thus arising cannot be supplied out of the productive part.--(31 L. J. M. C. 108 [Reg. v. Liverpool J. J.] 6. L. T. 241.)

It would appear that the amount realised by the rate should be expended in the year for which the rate is levied; for though Section 15 of the principal Act limits the amount of the rate to be levied, Section 2 of the Act of 1866 limits the amount to be paid in Boroughs, and Section 3 of the Act of 1871, as to Local Board Districts, the amount to be expended.

At Chelsea the Commissioners were charged by the Rating Authority (in that case the Board of Guardians) for collecting the Library Rate when the Metropolitan District Auditor surcharged the amount. The matter was dealt with by a local Act promoted by the Commissioners, which throws the cost of collection on the Poor Rates.

LIBRARY RATE.-The Local Government Board have stated that they are advised that in a Parish the Library Commissioners are not themselves to make the rate, but are to call upon the Overseers to make it under Section 13.

BORROWING POWERS.

Section 16. For carrying this Act into execution, the Council, Board, or Commissioners respectively may, with the approval of Her Majesty's | Treasury (1) (and as to the Commissioners, with the sanction also of the Vestry (2) and the Poor Law Board (3)), from time to time borrow at interest, on the security of a mortgage or bond of the Borough fund, or of the rates levied in pursuance of this Act, such sums of money as may be by them respectively required, and the Commis

XII. PUBLIC LIBRARIES AMEND

MENT ACT, 1871.

Section 4. For carrying into execution the principal Act, every such Local Board (5) may borrow upon mortgage of the general district rate, or any separate rate to be levied under the principal Act; and such borrowing shall be effected in conformity with the provisions as to borrowing contained in the Local Government Act, 1858, and the Acts incorporated therewith (6), in lieu of the provisions as to borrowing contained in the principal Act.