under the Act of the session of the twenty-third and twentyfourth years of the reign of Her present Majesty, chapter fifty-one. Prevention of Disease Vaccination 11 & 12 Vict. c. 63. 18 & 19 Vict. c. 116. 22 & 23 Vict. c. 3. 29 & 30 Vict. c. 90. 31 & 32 Vict. c. 115. 34 & 35 VICT. c. 71. An Act to amend the Public Libraries Act, 1855. [14th August, 1871.] c. 70. WHEREAS it is expedient to amend and extend the Public 18 & 19 Vict. 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: Act into execu I. Every local board, under the Public Health Act, 1848, Local Board, to and the Local Government Act, 1858, or either of them, is put principal empowered, in like manner as a board under any Improve- tion. ment Act, to adopt and carry into execution the principal Act (1). of terms. II. For the purposes aforesaid, the following words in the Interpretation principal Act shall have the following extended significa tions; 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; the term "Improvement Act" shall mean the Local Government Act, 1858. recited Act not boards. III. So much of section fifteen of the principal Act as refers Sec. 15 of to the Towns Improvement Clauses Act, 1847, shall not apply to apply to rates to rates made by local boards under the principal Act; but made by local nothing herein contained shall 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. borrowing by recited Act. IV. For carrying into execution the principal Act, every Provision as to such local board may borrow upon mortgage of the general local boards for district rate or any separate rate to be levied under the prin- purposes of cipal 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, in lieu of the provisions as to borrowing contained in the principal Act. V. This Act shall not apply to any district the whole or Not to apply to any part of which is within any municipal borough, or within certain districts. the jurisdiction of commissioners under any Improvement Act. VI. This Act may be cited for all purposes as "The Public Short title. Libraries Act, 1855, Amendment Act, 1871." (1) See s. 313, ante, p. 288. 20 & 21 Vict. C. 50. Interpretation 35 & 36 VICT. c. 91. An Act to authorize the Application of Funds of Municipal Corporations and other Governing Bodies in certain cases. [10th August, 1872.] WHEREAS by the Act passed in the session holden in the twentieth and twenty-first years of the reign of Her Majesty, intituled an Act to amend the Acts concerning the Municipal Corporations, the trustees acting under any Act of Parliament for supplying any borough, or any district within or in certain cases beyond the limits of a borough, with water or gas, or having powers for providing or maintaining any cemetery or market in or for any borough, or otherwise improving the same, are authorized and empowered to transfer to the body corporate of such borough all their rights, estates, properties, and liabilities: And whereas by the ninety-second section of the Act passed in the session holden in the fifth and sixth years of the reign of King William the Fourth, chapter seventy-six, to provide for the regulation of Municipal Corporations in England and Wales, in each borough the annual proceeds of all property and hereditaments belonging to the body corporate, and fines and rates levied in the borough, are directed to form the borough fund, and such fund is directed to be applied in the payment of certain salaries and certain expenses and the expenses necessarily incurred in carrying into effect the provisions of the said Act, and the surplus (if any) of such fund is directed to be applied, under the direction of the council, for the public benefit of the inhabitants and the improvement of the borough: And whereas the Public Health Act, 1848, the Local Government Act, 1858, and various Local Acts of Parliament, have conferred powers of improving, cleansing, paving, lighting, and otherwise governing places or districts upon boards of health, commissioners, trustees, or other persons: And whereas it is expedient to extend the powers of governing bodies so as to enable them to apply the borough or other funds under the control of such governing body towards such costs, charges, and expenses as may be incurred for the purposes and in the manner herein provided: 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. The term "governing body" in this Act shall mean the council of any municipal borough (1), the board of health, (1) The council of any municipal borough are here referred to as acting as an urban sanitary authority (38 & 39 Vict. c. 55, s. 6, ante, p. 8), as well as in a municipal capacity. local board (1), commissioners, trustees, or other body acting under any general or local Act of Parliament for the management, improvement, cleansing, paving, lighting, and otherwise governing places or districts (2), and the term " district" shall mean the borough, place, township, or district within which the governing body may for the time being have jurisdiction: Provided, however, that in the borough of Cambridge, in any matters affecting the constitution, power, or functions of the Board of Cambridge Improvement Commissioners, as defined in the several Acts of Parliament relating thereto, the term "governing body" shall mean such board of improvement commissioners, and not the council of the borough of Cambridge (3). pro. moting or other proceed be charged on local funds, except in cer tain cases. 2. When in the judgment of a governing body in any district Costs of it is expedient for such governing body to promote or oppose opposing Parlia any local and personal bill or bills in Parliament, or to pro- mentary and secute or defend any legal proceedings necessary for the pro- ings for benefit motion or protection of the interests of the inhabitants of the of inhabitants to district (4), it shall be lawful for such governing body to borough and apply the borough fund, borough rate, or other the public funds or rates under the control of such governing body to the payment of the costs and expenses attending the same (5) ; and when there are several funds or rates under the control of the governing body, such governing body shall determine out of which fund or funds, rate or rates, such expense shall be payable, and in what proportions (6): Provided that nothing in this Act contained shall authorize any governing body to promote any bill in Parliament for the establishment of any gas or water works to compete with any existing gas or water company established under any Act of Parliament (7): Provided that no powers contained in this clause shall apply in any case where the promotion of or opposition to a bill by a governing body has been decided by a Committee of either House of Parliament to be unreasonable or vexatious (8). 3. No payment to any member of a governing body for No payment acting as counsel or agent in promoting or opposing any such to member of bill shall be charged as aforesaid (9). 4. No expense in relation to promoting or opposing any bill or bills in Parliament shall be charged as aforesaid unless (1) "Board of health" and " Local board" mean boards constituted under the Public Health Act, 1848, the Local Government Act, 1858, or the Public Health Act, 1875. As to such boards being sanitary authorities, see ante, p. 8. (2) See also 38 & 39 Vict. c. 55, s. 6, p. 8, as to such commissioners being urban sanitary authorities. The words, "otherwise governing places or districts," seem to convey an extensive, though undefined, meaning. Perhaps they mean, "powers of town government," as in 38 & 39 Vict. c. 55, s. 4. But as the Act applies to Scotland, the interpretation clause applies to governing bodies there as well as in England. (3) The Cambridge Commissioners are constituted under the 34 Geo. 3, c. 4. (4) This will apply to proceedings in governing body to be so charged. Costs of prooting or opposing Bills to (5) The taxation of costs of proceedings (8) The costs in that case will fall upon (9) Nevertheless, the member may be summoned as a witness, and paid as such. incurred in pursuance of a resolution of an absolute majority of the whole number of the governing body at a meeting of the governing body (1), after ten clear days' notice by public advertisement of such meeting and of the purpose thereof in some local newspaper published or circulating in the district, such notice to be in addition to the ordinary notices required for summoning such meeting (2), nor unless such resolution shall have been published twice in some newspaper or newspapers circulating in the district, and shall have received, in respect of matters within the jurisdiction of the Local Government Board, the approval of such board (3), and in respect of other matters, the approval of one of Her Majesty's Secretaries of State (4), and in case of the promotion of a bill in Parliament no further expense shall be incurred or charged as aforesaid after the deposit of the bill, unless the propriety of such promotion shall be confirmed by such absolute majority at a further special meeting to be held in pursuance of a similar notice not less than fourteen days after the deposit of the bill in Parliament: Provided further that no expense in promoting or opposing any bill in Parliament shall be charged as aforesaid unless such promotion or opposition shall have had the consent of the owners and ratepayers of that district, to be expressed by resolution in the manner provided in the Local Government Act (1858) for the adoption of that Act (5). 5. The approval of the Local Government Board or one of Her Majesty's Principal Secretaries of State, as the case may ment Board, &c., be, shall not be given to any such resolution as aforesaid until the expiration of seven days after the second publication thereof, as provided by this Act (6), and in the meantime any ratepayer within the district of the governing body may give notice in writing to the Local Government Board or Secretary of State objecting to such approval (7). Proviso as to approval of Local Govern to any such resolution. Costs to be examined. 6. All costs, charges, and expenses incurred under the (1) There must be an absolute majority of the whole number of the governing body, and not merely of the number present at the meeting. (2) In the case of a borough, the meetings are called as provided by 5 & 6 Wm. 4, c. 79, s. 69; and as regards improvement commissioners, as may be regulated by their Local Act or bye-laws; and as regards local boards, by their bye-laws, 38 & 39 Vict. c. 55, sch. i. ante, p. 302. (3) The board are only to give their con- Matters within the jurisdiction of the rally to be all those matters within the Acts mentioned in s. 10 of 38 & 39 Vict. c. 55, ante. The Local Government Board will not assent to any Bill having for its purpose objects which might clearly be attained under provisional orders (see s. 10, post), or which are already provided for by the Public Health Act; and if the proposal be to oppose a Local Bill, the board give no approval to the opposition till the meeting of the owners and ratepayers has been held. (4) If the proceeding concerns a gas bill, the Local Government Board will now have jurisdiction under this Act. See 38 & 39 Vict. c. 55, s. 161, ante. (5) As to the manner in which the consent shall be obtained, see 38 & 39 Vict. c. 55, sch. iii. ante, pp. 326-323. There must in all cases be the consent of a meeting of the ratepayers and owners of property, and the provision applies to municipal boroughs as well as to other places. (6) See s. 4, supra. (7) The legal effect of the notice, if given, is not stated. Without such a provision there would have been nothing in the law to prevent any ratepayer giving such a |