Public Libraries Act 1892

JurisdictionUK Non-devolved
Citation1892 c. 53


Public Libraries Act, 1892

(55 & 56 Vict.) CHAPTER 53.

An Act to consolidate and amend the Law relating to Public Libraries.

[27th June 1892]

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:

Adoption of Act and Constitution of Library Authority.

Adoption of Act and Constitution of Library Authority.

S-1 Extent and application of Act.

1 Extent and application of Act.

(1)1.—(1.) This Act shall extend to every library district for which it is adopted.

(2) (2.) For the purposes of this Act and subject to the provisions thereof every urban district and every parish in England and Wales which is not within an urban district shall be a library district.

(3) (3.) This Act shall have effect as regards any parish which is partly within and partly without an urban district as if the part which is without the district were a separate parish, and the overseers for the parish shall be deemed for the purposes of this Act to be the overseers for that part.

S-2 Limitations on expenditure for purposes of Act.

2 Limitations on expenditure for purposes of Act.

(1)2.—(1.) A rate or addition to a rate shall not be levied for the purposes of this Act for any one financial year in any library district to an amount exceeding one penny in the pound.

(2) (2.) This Act may be adopted for any library district subject to a condition that the maximum rate or addition to a rate to be levied for the purposes of this Act in the district or in any defined portion of the district in any one financial year shall not exceed one halfpenny or shall not exceed three farthings in the pound, but such limitation if fixed at one halfpenny may be subsequently raised to three farthings, or altogether removed, or where it is for the time being fixed at three farthings may be removed.

S-3 Proceedings for adoption of Act.

3 Proceedings for adoption of Act.

3. With respect to—

a ) the adoption of this Act for any library district; and
b ) the fixing, raising, and removing of any limitation on the maximum rate to be levied for the purposes of this Act and
c ) the ascertaining of the opinion of the voters with respect to any matter for which their consent is required under this Act

the following provisions shall have effect; that is to say,

(1) (1.) Any ten or more voters in the library district may address a requisition in writing to the authority hereafter in this section mentioned requiring that authority to ascertain the opinion of the voters in the district with respect to the question or questions stated in the requisition: Provided that where the library district is a municipal borough the requisition may be made by the council of the borough:

(2) (2.) On receipt of the requisition the said authority shall proceed to ascertain by means of voting papers the opinion of the voters with respect to the said question or questions; but the said authority shall not ascertain the opinion of the voters on any question with respect to the limitation of the rate unless required to do so by the requisition, or with respect to any limitation of the rate other than the limitations specified in this Act:

(3) (3.) The procedure for ascertaining the opinion of the voters shall be in accordance with the regulations contained in the First Schedule to this Act; and those regulations shall have effect as if they were enacted in the body of this Act:

(4) (4.) Every question so submitted to the voters shall be decided by the majority of answers to that question recorded on the valid voting papers, and where the majority of those answers are in favour of the adoption of this Act the same shall forthwith, on the result of the poll being made public, be deemed to be adopted:

(5) (5.) Where the opinion of the voters in any library district is ascertained upon the question as to the adoption of this Act, or upon a question as to the limitation of the rate, no further proceeding shall be taken for ascertaining the opinion of the voters until the expiration of one year at least from the day when the opinion of the voters was last ascertained, that is to say, the day on which the voting papers were collected:

(6) (6.) The authority to ascertain the opinion of the voters for the purposes of this section shall be in a municipal borough the mayor, and in any other urban district the chairman of the urban authority, and in a parish the overseers.

S-4 Act when adopted to be executed by library authority.

4 Act when adopted to be executed by library authority.

4. This Act when adopted for any library district shall be carried into execution, if the library district is an urban district, by the urban authority, and, if it is a parish, by the commissioners appointed under this Act; and any such authority or commissioners executing this Act are herein-after referred to as a ‘library authority.’

S-5 Constitution of commissioners for executing Act in parish.

5 Constitution of commissioners for executing Act in parish.

(1)5.—(1.) Where this Act is adopted for any parish the vestry shall forthwith appoint not less than three nor more than nine voters in the parish to be commissioners for carrying this Act into execution.

(2) (2.) The commissioners shall be a body corporate by the name of ‘The Commissioners for Public Libraries and Museums for the parish of , in the county of ,’ and shall have perpetual succession and a common seal, with power to acquire and hold lands for the purposes of this Act, without any licence in mortmain.

S-6 Rotation of commissioners.

6 Rotation of commissioners.

(1)6.—(1.) The Commissioners shall, as soon as conveniently may be after their appointment, divide themselves by agreement, or in default of agreement by ballot, into three classes, one third or as nearly as may be one third of them being in each class.

(2) (2.) The offices of the first class shall be vacated at the expiration of one year, the offices of the second class at the expiration of two years, and the offices of the third class at the expiration of three years from the time of their appointment.

(3) (3.) The offices of vacating commissioners shall be filled by an equal number of new commissioners to be appointed by the vestry from among the voters in the parish; and every newly elected commissioner shall hold his office for the term of three years from the date when the office became vacant, and no longer, unless re-elected; but a person, on ceasing to be a commissioner, shall, unless disqualified, be re-eligible.

(4) (4.) Any casual vacancy among the commissioners, whether arising by death, resignation, incapacity, or otherwise, shall as soon as may be after the occurrence thereof be filled up by the vestry; but the term of office of a commissioner appointed to fill up a casual vacancy shall expire at the date at which the term of office of the commissioner in whose place he is appointed would have expired.

S-7 Meetings of commissioners.

7 Meetings of commissioners.

7. The commissioners shall meet at least once in every month, and at such other times as they think fit, at some convenient place; and any one commissioner may summon a special meeting by giving three clear days notice in writing to each commissioner, specifying therein the purpose for which the meeting is called. Business shall not be transacted at any meeting of the commissioners unless at least two of them are present.

S-8 Proceedings of commissioners to be recorded.

8 Proceedings of commissioners to be recorded.

8. All orders and proceedings of the commissioners shall be entered in books to be kept for that purpose, and shall be signed by the commissioners or any two of them; and all such orders and proceedings so entered, and purporting to be so signed, shall be deemed to be original orders and proceedings, and such books may be produced and read as evidence of all such orders and proceedings upon any judicial proceeding.

S-9 Power to vestries of neighbouring parishes to combine.

9 Power to vestries of neighbouring parishes to combine.

(1)9.—(1.) Where this Act is adopted for any two or more neighbouring parishes, the vestries of those parishes may by agreement combine for any period in carrying this Act into execution, and the expenses of carrying this Act into execution shall be defrayed by the parishes in such proportions as may be agreed on by the vestries.

(2) (2.) The vestry of each of the said parishes shall appoint not more than six commissioners in accordance with the provisions of this Act, and the commissioners so appointed for the several parishes shall form one body of commissioners, and shall act accordingly in the execution of this Act.

S-10 Power to annex parish to adjoining district.

10 Power to annex parish to adjoining district.

10. Where the voters in a parish adjoining or near any library district for which either this Act has been adopted, or the adoption thereof is contemplated, consent to such parish being annexed to the said district, such parish, subject to the consent of the library authority of the said district being also given, shall be annexed to and form part of that district for the purposes of this Act; the vestry of such parish shall appoint not more than six commissioners in accordance with the provisions of this Act, and the commissioners so from time to time appointed shall during their respective terms of office be deemed for all the purposes of this Act to be members of the library authority of the said district.

Execution of Act.

Execution of Act.

S-11 Provision of libraries, museums, and schools of science and art.

11 Provision of libraries, museums, and schools of science and art.

(1)11.—(1.) The library authority of any library district for which this Act has been adopted may, subject to the provisions of...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT