sioners for carrying into execution the Act of the ninth and tenth years of Her Majesty, chapter eighty, may from time to time advance and lend any such sums of money (4).

XVI. PUBLIC LIBRARIES AMEND

MENT ACT, 1887.

Transfer to Local Government Board of certain Functions of Treasury. Section 8. The powers and duties of the Commissioners of Her Majesty's Treasury under the Public Libraries (England) Acts, 1855 to 1887, shall from and after the passing of this Act be transferred to the Local Government Board, and Sections 16 and 18 of the principal Act shall be construed and have effect as if a reference to the approval of the Local Government Board were therein substituted for a reference to the approval of Her Majesty's Treasury.

NOTES.-(1) See Section 8 of the Act of 1887 above. (2) See Section 1 of the Act of 1890, page 19, as to the construction of references to "Vestries". (3) Now the Local Government Board. See the Local Government Board Act, 1871, 34 and 35 Vict., c. 70, s. 7 (3). This Act has been repealed, but the "Public Works Loans Act, 1875" (38 and 39 Vict. c. 89) takes its place. (4) See the following Section as to the regulations with regard to borrowing, and note as to Local Board Districts, Section 4 of the Act of 1871 above. (5) See Section 1 of the Act of 1871, page 34. (6) Now the Public Health Act, 1875, and amending Acts.

PROVISIONS AS TO BORROWING-OFFICERS-DAMAGES, &c. XVI. PUBLIC LIBRARIES ACTS

Section 17. The clauses and provisions of "The Companies Clauses Consolidation Act, 1845," with respect to the borrowing of money on mortgage or bond (1), and the accountability of officers, and the recovery of damages and penalties, so far as such provisions may respectively be applicable to the purposes of this Act, shall be respectively incorporated with this Act (2).

AMENDMENT ACT, 1887.

Section 7. Sections 233, 234, and 236 to 239, both inclusive, of the Public Health Act, 1875 (2), shall apply, with the necessary modifications, to all money borrowed by any Library Authority after the passing of this Act, as if the Library Authority were an Urban Sanitary Authority, and as if references to the Public Libraries (England) Acts, 1855 to 1887, were substituted in those Sections and in the forms therein mentioned for references to the Sanitary Acts or the Public Health Act, 1875.

So much of Section 17 of the principal Act as incorporates the clauses and provisions of the Companies Clauses Consolidation Act, 1845, with respect to the borrowing of money on mortgage or bond, is hereby repealed, except as to any money borrowed before the passing of this Act.

PRACTICAL POINTS.

BORROWING POWERS.-It would appear that a mortgage of the Library itself cannot be made.

NOTES. - (1) See Section 7 of the Act of 1887 above. (2) These provisions are as follows:

THE COMPANIES CLAUSES CONSOLIDATION ACT, 1845.

Accountability of Officers.

And with respect to the accountability of the officers of the Company, be it enacted as follows:

Section 109. Before any person entrusted with the custody or control of moneys, whether treasurer, collector, or other officer of the Company, shall enter upon his office, the directors shall take sufficient security from him for the faithful execution of his office. Section 110. Every officer employed by the Company shall from time to time, when required by the directors, make out and deliver to them, or to any person appointed by them for that purpose, a true and perfect account, in writing, under his hand, of all moneys received by him on behalf of the Company; and such account shall state how, and to whom and for what purpose, such moneys shall have been disposed of; and, together with such account, such officer shall deliver the vouchers and receipts for such payments; and every such officer shall pay to the directors, or to any person appointed by them to receive the same, all moneys which shall appear to be owing from him upon the balance of such accounts.

Summary Remedy against Parties Failing to Account.

Section 111. If any such officer fail to render such account, or to produce and deliver up all the vouchers and receipts relating to the same in his possession or power, or to pay the balance thereof when thereunto required, or if for three days after being thereunto required he fail to deliver up to the directors, or to any person appointed by them to receive the same, all papers and writings, property, effects, matters, and things in his possession or power, relating to the execution of this or the special Act, or any Act incorporated therewith, or belonging to the Company, then, on complaint thereof being made to a justice, such justice shall summon such officer to appear before two or more justices at a time and place to be set forth in such summons to answer such charge; and upon the appearance of such officer, or in his absence upon proof that such summons was personally served upon him, or left at his last known place of abode, such justices may hear and determine the matter in a summary way, and may adjust and declare the balance owing by such officer; and if it appear, either upon confession of such officer, or upon evidence, or upon inspection of the account, that any moneys of the Company are in the hands of such officer, or owing by him to the Company, such justices may order such officer to pay the same; and if he fail to pay the amount, it shall be lawful for such justices to grant a warrant to levy the same by distress, or, in default thereof, to commit the offender to gaol, there to remain without bail for a period not exceeding three months, unless the same be sooner paid.

Officers refusing to Deliver up Documents, &c., to be Imprisoned.

Section 112. If any such officer refuse to make out such account in writing, or to produce and deliver to the justices the several vouchers and receipts relating thereto, or to deliver up any books, papers, or writings, property, effects, matters, or things in his possession or power belonging to the Company, such justices may lawfully commit such offender to gaol, there to remain until he shall have delivered up all the vouchers and receipts, if any, in his possession or power relating to such accounts, and have delivered up all books, papers, writings, property, effects, matters, and things, if any, in his possession or power belonging to the Company.

When Officer about to Abscond, a Warrant may be Issued in the first instance. Section 113. Provided always that if any director or other person, acting on behalf of the Company, shall make oath that he has good reason to believe, upon grounds to be stated

in his deposition, and does believe that it is the intention of any such officer as aforesaid to abscond, it shall be lawful for the justice before whom the complaint is made, instead of issuing his summons, to issue his warrant for the bringing such officer before such two justices as aforesaid, but no person executing such warrant shall keep such officer in custody longer than twenty-four hours without bringing him before some justice; and it shall be lawful for the justice before whom such officer may be brought either to discharge such officer, if he thinks there is no sufficient ground for his detention, or to order such officer to be detained in custody, so as to be brought before two justices at a time and place to be named in such order, unless such officer give bail to the satisfaction of such justice for his appearance before such justices to answer the complaint of the Company.

Sureties not to be Discharged.

Section 114. No such proceeding against, or dealing with, any such officer as aforesaid shall deprive the Company of any remedy which they might otherwise have against such officer, or any surety of such officer.

BYE-LAWS.

Power to make Bye-Laws for the Officers of the Company.

Section 124. It shall be lawful for the Company from time to time to make such bye-laws as they think fit for the purpose of regulating the conduct of the officers and servants of the Company, and for providing for the due management of the affairs of the Company in all respects whatsoever, and from time to time to alter or repeal any such bye-laws and make others, provided such bye-laws be not repugnant to the laws of that part of the United Kingdom where the same are to have effect, or to the provisions of this or the special Act; and such bye-laws shall be reduced into writing, and shall have affixed thereto the common seal of the Company; and a copy of such bye-laws shall be given to every officer and servant of the Company affected thereby.

Fines for Breach of such Bye-Laws,

Section 125. It shall be lawful for the Company, by such bye-laws, to impose such reasonable penalties upon all persons, being officers or servants of the Company, offending against such bye-laws as the Company think fit, not exceeding five pounds for any offence.

Bye-Laws to be so Framed as that Penalties may be Mitigated.

Section 126. All the bye-laws to be made by the Company shall be so framed as to allow the justice before whom any penalty imposed thereby may be sought to be recovered to order a part only of such penalty to be paid, if such justice shall think fit.

F.vidence of Bye-Laws.

Section 127. The production of a written or printed copy of the bye-laws of the Company having the common seal of the Company affixed thereto shall be sufficient evidence of such bye-laws in all cases of prosecution under the same.

Recovery of Damages and Penalties.

And with respect to the recovery of damages, not specially provided for, and penalties, be it enacted as follows:

Provision for Damages not otherwise provided for,

Section 142. In all cases where any damages, costs, or expenses are, by this or the special Act, or any Act incorporated therewith, directed to be paid, and the method of ascertaining

the amount, or enforcing the payment thereof, is not provided for, such amount, in case of dispute, shall be ascertained and determined by two justices; and if the amount so ascertained be not paid by the Company, or other party liable to pay the same, within seven days after demand, the amount may be recovered by distress of the goods of the Company, or other party liable as aforesaid; and the justices by whom the same shall have been ordered to be paid, or either of them, on application, shall issue their, or his, warrant accordingly.

Distress against the Treasurer.

Section 143. If sufficient goods of the Company cannot be found whereon to levy any such damages, costs, or expenses payable by the Company, the same may, if the amount thereof do not exceed twenty pounds, be recovered by distress of the goods of the treasurer of the Company, and the justices as aforesaid, or either of them, on application, shall issue their, or his, warrant accordingly; but no such distress shall issue against the goods of such treasurer unless seven days' previous notice, in writing, stating the amount so due, and demanding payment thereof, have been given to such treasurer, or left at his residence ; and if such treasurer pay any money under such distress as aforesaid, he may retain the amount so paid by him, and all costs and expenses occasioned thereby, out of any money belonging to the Company coming into his custody or control, or he may sue the Company for the same.

Method of Proceeding before Justices in Questions of Damages, &c. Section 144. Where in this or the special Act, or any Act incorporated therewith, any question of compensation, expenses, charges, or damages is referred to the determination of any one justice or more, it shall be lawful for any justice, upon the application of either party, to summon the other party to appear before one justice, or before two justices, as the case may require, at a time and place to be named in such summons; and upon the appearance of such parties, or in the absence of any of them, upon proof of due service of the summons, it shall be lawful for such one justice, or such two justices, as the case may be, to hear and determine such questions, and for that purpose to examine such parties, or any of them, and their witnesses, on oath, and the costs of every such inquiry shall be in the discretion of such justices, and they shall determine the amount thereof.

Publication of Penalties.

Section 145. The Company shall publish the short particulars of the several offences for which any penalty is imposed by this or the special Act, or any Act incorporated therewith, or by any bye-law of the Company affecting other persons than the shareholders, officers, or servants of the Company, and of the amount of every such penalty, and shall cause such particulars to be painted on a board, or printed upon paper and pasted thereon, and shall cause such board to be hung up or affixed on some conspicuous part of the principal place of business of the Company, and, where any such penalties are of local application, shall cause such boards to be affixed in some conspicuous place in the immediate neighbourhood to which such penalties are applicable, or have reference; and such particulars shall be renewed as often as the same, or any part thereof, is obliterated or destroyed; and no such penalty shall be recoverable unless it shall have been published, and kept published, in the manner hereinbefore required.

Penalties for Defacing Boards used for such Publication.

Section 146. If any person pull down or injure any board put up or affixed, as required by this or the special Act, or any Act incorporated therewith, for the purpose of publishing any bye-law or penalty, or shall obliterate any of the letters or figures thereon, he shall forfeit for every such offence a sum not exceeding five pounds, and shall defray the expenses attending the restoration of such board.

Penalties to be Summarily Recovered before Two Justices.

Section 147. Every penalty or forfeiture imposed by this or the special Act, or any Act

incorporated therewith, or by any bye-law made in pursuance thereof, the recovery of which is not otherwise provided for, may be recovered by summary proceeding before two justices. .

NOTE.--Repeal. The Summary Jurisdiction Act, 1884,* repeals Sections 148, 149, 153, 157, parts of Sections 147 and 159, and (so far as relates to any matter to which the Summary Jurisdiction Act applies) the whole of Section 155, and also the form of conviction in Schedule G.

Section 148. [Penalties may be levied by distress.]

Section 149. [Imprisonment in default of distress, 8 Fict., c. 16, s. 149.]

Distress-How to be Levíed.

Section 150. Where, in this or the special Act, or any Act incorporated therewith, any sum of money, whether in the nature of penalty or otherwise, is directed to be levied by distress, such sum of money shall be levied by distress and sale of the goods and chattels of the party liable to pay the same, and the overplus arising from the sale of such goods and chattels, after satisfying such sum of money, and the expenses of the distress and sale, shall be returned, on demand, to the party whose goods shall have been destrained.

Distress not Unlawful for want of Form.

Section 151. No distress levied by virtue of this or the special Act, or any Act incorporated therewith, shall be deemed unlawful, nor shall any party making the same be deemed a trespasser, on account of any defect or want of form in the summons, conviction, warrant of distress, or other proceeding relating thereto, nor shall such party be deemed a trespasser ab initio on account of any irregularity afterwards committed by him, but all persons aggrieved by such defect or irregularity may recover full satisfaction for the special damage in an action upon the case.

Application of Penalties.

Section 152. The justices by whom any such penalty or forfeiture shall be imposed may, where the application thereof is not otherwise provided for, award not more than one-half thereof to the informer, and shall award the remainder to the overseers of the poor of the Parish in which the offence shall have been committed, for the benefit of the poor of such Parish.

NOTE.-Repeal. The last part of the Section, relating to extra parochial places, is repealed by the Statute Law Revision Act, 1875.†

Section 153. [Penalties to be sued for within six months.]

Damages to be made good in addition to Penalty.

Section 154. If through any act, neglect, or default, on account whereof any person shall have incurred any penalty imposed by this or the special Act, or any Act incorporated therewith, any damage to the property of the Company shall have been committed by such person, he shall be liable to make good such damage, as well as to pay such penalty; and the amount of such damages shall, in case of dispute, be determined by the justices by whom the party incurring such penalty shall have been convicted; and on non-payment of such damages, on demand, the same shall be levied by distress, and such justices, or one of them, shall issue their, or his, warrant accordingly.

Penalty on Witnesses making Default.

Section 155. It shall be lawful for any justice to summon any person to appear before him as a witness in any matter in which such justice shall have jurisdiction, under the provisions of this or the special Act, or any Act incorporated therewith, at a time and

* 47, 48 Vict., c. 43, s. 4.

† 38 and 39 Vict., c. 66.