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PUBLIC LIBRARIES AND MUSEUMS.

c. 70.

34 & 35 VICT. CAP. 71.

An Act to Amend the Public Libraries Act, 1855.

[14th August, 1871.]

18 & 19 Vict. "WHEREAS it is expedient to amend and extend the Public Libraries Act, 1855, hereinafter referred to as the "principal Act: "

Local Board to put princi

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:

1. Every local board, under the Local Government Act, 1858, is pal Act into empowered, in like manner as a board under any improvement Act, to adopt and carry into execution the principal Act.

operation.

Interpreta

tion of terms.

Sect. 15 of recited Act

to rates

2. For the purposes aforesaid, the following words in the principal Act shall have the following extended significations; viz., the word "board" shall mean any such local board as aforesaid; the words "improvement rate" shall mean the general district rate levied by any such board; the word " ratepayers" shall mean all persons assessed to and paying such general district rate; the word "district" shall mean the district in which such local board has authority to levy a general district rate.

3. So much of section fifteen of the principal Act as refers to the Towns not to apply Improvement Clauses Act, 1847, shall not apply to rates made by local boards under the principal Act; but nothing herein contained shall made by Local Boards. enable local boards to levy or expend for the purposes of the principal Act any greater sum in any year than one penny in the pound.

of recited Act.

Provision for 4. For carrying into execution the principa! Act, every such local borrowing by board Local Boards may borrow upon mortgage of the general district rate or any for purposes separate rate to be levied under the principul Act; and such borrowing shall be effected in conformity with the provisions as to borrowing con. tained in the Local Government Act, 1858, and the Acts incorporated therewith, in lieu of the provisions as to borrowing contained in the principal Act.

Short title.

5. This Act may be cited for all purposes as "The Public Libraries Act, 1855, Amendment Act, 1871."

PUBLIC PARKS, &c. (LAND.)

34 & 35 VICT. CHAP. 13.

An Act to facilitate Gifts of Land for Public Parks, Schools, and
Museums.

[25th May, 1871.]

"WHEREAS it is expedient to facilitate gifts of land for the purpose of forming public parks, schools, and museums: "

Be it therefore enacted as follows:

1. This Act may be cited as the " Public Parks, Schools, and Museums Short title. Act, 1871."

2. This Act shall not extend to Scotland or Ireland.

Not to extend to Scotland or Ireland.

tion of terms:

3. In the construction of this Act, the words "public park" shall Interpretainclude any park, garden, or other land dedicated or to be dedicated to public park: the recreation of the public.

The words "elementary school" shall mean a school or department Elementary of a school at which elementary education is the principal part of the school: education there given, and shall not include any school or department of a school at which the ordinary payments in respect to the instruction from each scholar exceed ninepence a week.

The word "school-house" shall include the teacher's dwelling-house, Schooland the playground (if any), and the offices and all premises belonging house. to or required for a school.

museum.

And the words "public museum" shall include any buildings used Public or to be used for the preservation of any collection of paintings or other works of art, or of any objects of natural history, or of any mechanical or philosophical inventions, instruments, models, or designs, and dedicated or to be dedicated to the recreation of the public, together with all libraries, reading-rooms, laboratories, and other offices and premises used or to be used in connection therewith.

Gifts and

bequests of land or of

money to be

laid out in land for a public

park, &c. exempted from the Mortmain Act.

All such

gifts, &c. not made for

valuable con

sideration to
be made
12 months
before the
donor's
death,

and to be
enrolled.

Limit to

extent of land that may be given.

Not to invalidate, &c. any gift, &c. which would have been valid had this Act not

passed.

4. From and after the passing of this Act all gifts and assurances of land of any tenure, and whether made by deed or by will or codicil, for the purposes only of a public park, a school house for an elementary school, or a public museum, and all bequests of personal estate to be applied in or towards the purchase of land for all or any of the same purposes only, shall be valid notwithstanding the statute of the ninth George the Second, chapter thirty-six, and other statutes commonly known as the Statutes of Mortmain.

5. Provided, that every will or codicil containing any such gift or assurance and every deed containing any such gift or assurance and made otherwise than for full and valuable consideration, shall in order to enable such gift or assurance to take effect under this Act, be made twelve calendar months at least before the death of the testator or grantor, and shall be enrolled in the books of the Charity Commissioners within six calendar months next after the time when the same will, codicil, or deed shall come into operation.

6. Nothing in this Act shall authorise any gift by will or codicil of more than twenty acres of land for any one public park, or of more than two acres of land for any one public museum, or of more than one acre of land for any one school-house.

7. Nothing in this Act contained shall invalidate or impose any restriction or condition upon any gift or assurance which would have been valid and free from such restriction or condition if this Act had not been passed (a).

(a) The School Sites Acts, 4 & 5 Vict. c. 38; 7 & 8 Vict. c. 37; 12 & 18 Viet. c. 49; 14 & 15 Vict. c. 24, afford facilities for providing sites for schools for poor children, and remove some of the restrictions of the 9 Geo. 2, c. 38, and the provisions of those Acts are extended to Elementary Schools by the 33 & 34 Vict. c. 75.

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INDEX.

Abandonment of the Act, 249.

Abatement of actions, 196; of nuisances, 378.

Absence from district, a disqualification for office of member of
Local Board, 65, 251; from meetings of board, 68.

Abstracts of the Acts, 18.

Accounting of officers, 92, 313, 535.

Accounts, highway, verification of, not necessary, 112; of Local
Board, how and when to be made up, 313; publication of, 332;
audit of, 179, 307; of burial ground expenses, 290.

Accumulation of filth, 112; removal of, 110.

Action, for recovery of penalties, 189, 383; proof of offence, 70; by
and against Local Board to be in name of their clerk, 194;
notice of, 197; limitation of, 198.

Acts of disqualified member, 71; of board ultra vires, 161.
Adjoining districts, union of, 258; consolidation of, 50, 228; con-
firming, 57; execution of works in, 259.

Adjournment of meetings for adoption of the Act, 237.

Adoption of Local Government Act, 233; proceedings on, 246;
proof of, 249; of Baths and Washhouses Act, 348.

Address of voters, 79.

Advertisements, duties on, 214.

Adulteration of food, 386.

Agent to accompany deliverer and collector of voting papers, 255.
Agreement between landlord and tenant not to be affected by Act,
159; for making new roads and bridges, 278.

Alkali works, 386.

Allotments for recreation, nuisances on, 376.

Allowance of rates not necessary, 273.

Allowance to officers, 90, 91.

Alteration of streets, 126; of pipes laid therein, 131; of sewers, 325.

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Ambulance, provision of, 406, 429.

Amendment of rates, 163.

Amends, tender of, 199.

Animals, inspection of, 384; nuisances from, 265.

Annual meetings of Local Boards, 86.

Annual returns as to highways, 274; as to rates, 295.

Appeal against amendment of rate, 163; against rate, 192.
Appeal against adoption of Local Government Act, 243, 245; against
special drainage district, 416, 422; to the General Board of
Health, 178; against order as to dangerous houses, 453; against
disallowances in accounts, 308; costs of appeal to Secretary of
State, 242, 339; to Quarter Sessions, 191; under Nuisance
Removal Act, 379, 380, 389.

Appearance of local authorities in legal proceedings, 437.

Application of penalties, 190, 318; of surplus monies to accounts,
274, 307.

Appointment of officers, 89.

Apportionment of rates between outgoing and incoming tenants, 152;

of expenses incurred in respect of two or more parts of district,
193, 404, 431; of expenses in certain cases, when to be binding,
316.

Apprehension of officer failing to account, 94.

Approval of General Board of Health dispensed with, 231.
Aqueducts, public, 137.

Arable land, rating of, 299.

Arbitration, as to compensation, 181, 205, 317; costs of, 182; of
works prohibited to be done without consent, 323; as to substi-
tuted sewers, 326.

Arbitrator explained, 45; his powers, 185.

Arches over canals, 113; construction of, by Local Boards, 279.
Artizans' Dwellings Act, 450.

Ashes, removal of, 113; deposit of, 113.

Ashpits, cleansing of, 265; examination of, ib.; by surveyor, 111; to
be provided for new houses, 108, 440; byelaws as to, 113, 265.
Asses for hire, 275.

Assessment of district rates, 152, 297; of unoccupied houses, 148;
of parts of districts, 153; for cleansing and covering ditches,
382.

Attorney-General, consent of, to action for penalties, 190.
Audit clauses, 518.

Audit of accounts, 179, 307; of improvement commissioners, 309,
535; notice of, 313; as to highways, 274.

Auditor, who is to be, 308; his power, 310, 312; his remuneration,
313; his report, 314.

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