Page images
PDF
EPUB

the Time being be in force in said City of Glasgow or other Place.

Rate levied

not to ex

ceed the Sum of

One Penny in

the Pound of

Rent.

The Ac

counts of the Magis

trates and the Board of any District or

Council, or

VI. The Amount of the Rate to be so levied for the Purposes of this Act in any Burgh, District, or Parish in any One Year shall not exceed the Sum of One Penny in the Pound of yearly Rent, and the Magistrates and Council of any Burgh, or the Board of any District or Parish, shall provide and keep Books in which shall be entered true yearly and Regular Accounts of their Receipts, Payments, and Liabilities with reference to the Execution of this Act, to be called "The Public Libraries Account ;" and such Books shall, without Fee or Reward, and at all reasonable Times, be open to the Inspection of every Person liable to be assessed by virtue of this Act, who respectively may, without paying for the same, take Copies of or make Extracts from such Books; and in case such Magistrates and Council of any Burgh, or Board of any District or Parish, or any of them respectively, or any of their respective Officers or Servants having the Custody of such Books, shall not permit the same to be inspected, or Copies of or Extracts from the Accounts to be made or taken, every Person so offending shall for every such Offence forfeit any Sum not exceeding Five Pounds, such Penalty to be recovered before the Sheriff or Justices of the Peace in like Manner as provided for the Recovery of Small Debts, and to be applied when recovered towards the Purposes of this Act.

Parish, to

be open to Inspection.

Council or
Board to

borrow on
Mortgage

or Bond.

VII. For carrying this Act into execution, the Magis- Power to trates and Council of any Burgh or the Board of any District or Parish respectively may from Time to Time borrow at Interest on the Security of a Mortgage or Bond of the Rates to be levied in pursuance of this Act such Sums of Money, to be repaid by yearly Instalments within a Period not exceeding Thirty Years, as may be by them respectively required; and the Commissioners for carrying into execution the Act of the Ninth and Tenth Victoria, Chapter Eighty, may, with the Consent of the Commissioners of Her Majesty's Treasury, from Time to Time advance and lend such Sums of Money.

of 8 and 9

Vict. c. 17, as to Bor

VIII. The Clauses and Provisions of "The Companies Provisions Clauses Consolidation (Scotland) Act, 1845," with respect to the borrowing of Money on Mortgage or Bond, 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 held as incorporated with this Act.

IX. The Boundaries of Burghs and Districts shall be the same as the Boundaries declared for such Burghs and

rowing tended to this Act.

Powers ex

Boundaries

of Burghs,

&c.

Lands, &c. may be appropriated,

purchased,

or rented for the

Districts by and for the Purposes of the Acts of the Thirteenth and Fourteenth Victoria, Chapter Thirty-Three, and Twenty-fifth and Twenty-sixth Victoria, Chapter One hundred and one, or any Local Police Act which may for the Time being be in force in any such Burghs or Districts. X. The Magistrates and Council of any Burgh or the Board of any District or Parish, 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 also out Purposes of of the Rates levied or Money borrowed as herein provided purchase, feu, or rent any Land or any suitable Building, and may upon any land so appropriated, rented, feued, or purchased erect any Buildings suitable for Public Libraries, Art Galleries, or Museums, or each respectively, 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.

this Act.

Certain Clauses of 8 and 9 Vict. c. 19 incorporated with this Act.

Lands, &c. may be

sold or exchanged.

Property of
Library,

&c. vested

IX. All the Clauses and Provisions of the "Lands Clauses Consolidation Act (Scotland), 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 a Title, and also with respect to Conveyances of Lands, so far as the same Clauses and Provisions respectively are applicable to the Cases contemplated by the last Section, shall be held as incorporated in this Act; and the Expression "the Special Act," used in the said Clauses and Provisions, shall be construed to mean this Act; and the Expression "the Promoters of the Undertaking," used in the same Clauses and Provisions, shall be construed to mean the Magistrates and Council of the Burgh or the Board of the District or Parish in question.

XII. The Magistrates and Council of any Burgh and the Board of any District or Parish may sell any Land, Buildings, or other Property vested in them for the Purposes of this Act, or exchange the same for any Land, Buildings, or other Property better adapted for the Purposes, and may also sell or exchange any Books, Works of Art, or other Property of which there may be Duplicates; and the Monies to arise from such Sale or Exchange shall be applied for the Purposes of this Act.

XIII. The Lands and Buildings so to be appropriated, purchased, or rented, and all other Real or Personal Proin Magis- perty whatever presented to or purchased for any Library, trates, &c.,, Art Gallery, or Museum established under this Act, shall, in the Case of a Burgh, be vested in the Magistrates and

Burghs and
Boards of

Council, and in the Case of a District or Parish in the Districts or Board.

Parishes.

ment to be

Committee

trates and

Councils of

Burghs and
Boards of
Parishes.

Districts or

XIV. The Magistrates and Council of any Burgh or the General Board of any District or Parish where this Act has been Manageadopted shall, within One Month after its Adoption, and vested in a thereafter from Year to Year, in the Case of a Burgh at appointed the First Meeting after the annual Election of Town by MagisCouncillors, in the Case of a District at the First Meeting after the annual Election of Police Commissioners, 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 more than Twenty Members, Half of whom shall be Magistrates and Members of the Council or Members of the . Board respectively, and the remaining half shall be chosen by the Council or Board from amongst the Householders. not Members of the Council or Board within such Burgh, District, or Parish, as the Case may be, Three to be a Quorum; and such Committee so appointed shall have Power, under the Authority of the Magistrates and Council or Board, as the Case may be, to purchase Books, Newspapers, Reviews, Magazines, and other Periodicals, Statuary, Pictures, Engravings, Maps, and Specimens of Art and Science, for the Establishment, Increase, and Use of such Libraries, Art Galleries, and Museums, and to do all things necessary for keeping the same in a proper State of Preservation and Repair; and such Committee, subject as aforesaid, shall manage, Regulate, and control such Libraries, Art Galleries, and Museums, and shall make Rules and Regulations for the Safety and Use of the same, and shall also have Power to appoint salaried Officers and Servants, to pay and dismiss them, and from Time to Time to provide the necessary Fuel, Lighting, and other Matters.

man of

XV. The Committee appointed as aforesaid shall, in the Meetings Case of a Burgh or District, meet once in every Three and ChairMonths, or oftener if necessary, and in the Case of a Parish Committee. as often as may be necessary, to determine as to any Business connected with such Libraries, Art Galleries, or Museums; and in the Case of a Burgh the Provost, in the Case of a District the senior Magistrate, and in the Case of a Parish the Chairman of the Parochial Board, shall be Chairman of such Committee, and such Chairman shall, in the Case of an Equality of Votes, have a Casting Vote in addition to his Vote as an Individual; but in the Absence of such Chairman, the Meeting shall elect a Chairman who, for the Time being, shall exercise the Privileges of the Chairman appointed under this Act.

D

If Meeting determine against Adoption of Act, no

other Meeting to be called for

Two Years. Art Galleries or Museums may be

added to

Public

Libraries.

Libraries, &c. to be

free.

Short

Title.

XVI. If any Meeting called as aforesaid to determine as to the Adoption of this Act for any Burgh, District, or Parish shall determine against the Adoption, no Meeting for a similar Purpose shall be held for the Space of Two Years at least from the Time of holding the previous Meeting.

XVII. Wherever a Public Library has been established under any Act relating to Public Libraries or Museums, or shall hereafter be established under this Act, an Art Gallery or Museum, as the Case may be, may at any Time be established in connexion therewith, without any further Proceedings being taken under this Act.

XVIII. All Libraries, Art Galleries, or Museums established under this Act shall be open to the Public free of all Charge.

XIX. In citing this Act for any Purpose whatever it shall be sufficient to use the Expression "The Publis Libraries Act (Scotland), 1867.”

[blocks in formation]

CAP. XLII.

An Act to amend the Law relating to the Landlord's Right of Hypothec in Scotland, in so far as respects Land held for Agricultural or Grazing Purposes.—[15th July 1867.]

WHEREAS it is expedient to amend the Law relating to the Landlord's Right of Hypothec in Scotland, in so far as respects Land held for Grazing or Agricultural Purposes:

Be it 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:

I. This Act shall apply only to Scotland, and may be cited for all Purposes by the Title of the "Hypothec Amendment (Scotland) Act, 1867."

II. This Act shall be construed as applying only to Farms or Land with the Buildings thereon occupied for Farming Purposes, and shall not apply to Dwelling Houses, Shops, and other Subjects, though the same may be in rural Districts, where the primary or chief Purpose of the Occupation shall be other than the raising of Agricultural Produce or the raising and rearing of Live Stock, saving and excepting always the Provision herein-after contained for the keeping of a Register of Sequestrations which shall be held as applicable to all Sequestrations for Rent whether of rural or urban Subjects.

III. Whensoever any Agricultural Produce shall have been bona fide purchased by any Person for its fair marketable Value from the Tenant or Lessee of any Farm or Lands, and shall have been actually delivered to the Purchaser, and removed from such Farm or Lands, and the Price thereof shall have been paid, or whensoever Agricultural Produce shall have been bond fide purchased at Public Auction from the Tenant or Lessee, or any Party holding his Authority so to sell, after Seven Days written Notice of the Intention of the Tenant or Lessee, or Party holding his Authority to sell by Public Auction, shall have been given to the Landlord or Lessor, or Person or Persons entitled to the Rent of such Farm or Land, or his or their Factor or known Agent, and Sequestration shall not have been obtained and registered in manner herein-after provided previous to or during the Currency of such Notice, then in either of these Cases all Right of Hypothec competent to the Landlord, Lessor, or Person or Persons entitled to the Rent of such Farm or Lands over such Agricultural Produce shall cease and determine: Provided always, that nothing herein contained shall apply to any Agricultural Produce which the Tenant is not entitled legally or by the Terms of his Lease to sell or carry off the Land, or which previous to the Completion of the Purchase thereof by the Removal of the same from the Farm or Lands, and by Payment of the Price, or after such Notice as that above referred to, has been sequestrated at the Instance of such Landlord, Lessor, or other Person, and the Sequestration whereof has been registered in the Register of Sequestrations for Rent, to be kept as herein-after provided, and is in force at the time of such Purchase.

Corn, &c., purchased bona fide, and deremoved, to be free from Hypothec.

livered and

not to be

IV. In the event of the Landlord, Lessor, or Person en- Hypothec titled to the Rent of any Farm or Lands failing to commence available Proceedings for making effectual by Sequestration his beyond Right of Hypothec within Three Calendar Months after Months

Three

the conventional Term at which the Year's Rent or the last after Rent Portion due therof is made payable under the Terms of the is payable. Lease, Writing, or Bargain under which such Farm or Lands are possessed, or if no conventional Term for Payment of the Rent or any Portion thereof has been agreed upon then within Three Calendar Months after the legal Term at which such Year's Rent or the last Portion due thereof is payable, then all Right of Hypothec for the Rent or Portion thereof payable at such term, conventional or legal, shall cease and determine: Provided always, that the Provisions of this Section shall not apply to the Landlord's Right of Hypothec, or to his Right to use Sequestra

« EelmineJätka »