Chap. XXV. of the local authority, or on either such fund or revenues, or on any part of the revenues, such money as the local authority requires." (vi.) Power of overseers and guardians to borrow. Metropolitan Asylums Form of mortgage. Register of securities. Borrowing vii.-Mortgages by Poor Law Guardians.-By a series of statutes passed from time to time, overseers or guardians, with the consent of the Poor Law Commissioners (7), overseers by order of the Commissioners (m), guardians with the consent of the Poor Law Board (n), and district boards of schools and asylums, with the consent and order of the Poor Law Board (0), have been empowered to borrow money upon the security of the rates of their respective parishes within the limits as to amount and for the several purposes mentioned in the several Acts. Managers of asylums in the metropolis are empowered to borrow money chargeable in like manner upon the district rates (p). Sect. 6 of the Poor Law Act, 1869, contains a form of deed in accordance with which any security for money borrowed under the authority of any poor law board may be made. By sect. 14 of the Divided Parishes and Poor Law Amendment Act, 1882 (q), it is provided that guardians of unions and managers of school districts shall keep registers of the securities in respect of all sums borrowed by them. By sect. 2 of the Poor Law Act, 1889 (r), it is enacted as follows: "(1.) The guardians of any union may, with the sanction of the Local Government Board, borrow for the purpose of raising the expenses incurred, or proposed to be incurred, for any permanent work or object, or any other thing the costs of which ought, in the opinion of the Local Government Board, to be spread over a term of years. '(2.) A loan shall not be of such amount as exceeds, or will make, the total debt of the guardians under the Acts relating to the relief of the poor exceed one-fourth of the total annual rateable value of the union. "(3.) The Local Government Board may, by provisional order, (7) 4 & 5 Will. IV. c. 76, ss. 23- (m) 5 & 6 Vict. c. 18, s. 6 (1842). (0) 7 & 8 Vict. c. 101, s. 44 (1844); 13 & 14 Vict. c. 101, s. 3 (1848); 14 & 15 Vict. c. 105, s. 16 (1851); 35 Vict. c. 2, s. (1872); 42 & 43 Vict. c. 54, s. 13 (1879). (p) 32 & 33 Vict. c. 63, s. 9 (1869); 32 & 33 Vict. c. 102, s. 37 (1869); 47 & 48 Vict. c. 60, s. 2 (1884). (1) 45 & 46 Vict. c. 58. (r) 52 & 53 Vict. c. 56, as amended by the Poor Law Act, 1897. extend the said maximum to double the amount above authorized, Chap. XXV. and sections 297 and 298 of the Public Health Act, 1875, shall apply to every such Provisional Order in like manner as if they were herein re-enacted and the guardians were a local authority. (vii.) "(4.) The unapplied balance of any loan raised by any guardians may, with the consent of the Local Government Board, be applied to any purpose for which a loan can be raised under this Act by such guardians. (5.) This section shall apply to the managers of any school district in like manner as if they were guardians and this section were in terms made applicable thereto, but with the substitution of one-sixteenth of the annual rateable value of the district for onefourth of the annual rateable value of the union. "(6.) All enactments in the Acts relating to the relief of the poor touching the purposes for which and the amount to which guardians of unions and managers of any school or asylum district to whom this section applies may borrow, shall be repealed without prejudice to anything done thereunder, but every loan under this section shall be made on the like security as is provided by the enactments in force at the passing of this Act with respect to loans of such guardians and managers." The Poor Law Act, 1897, which expressly repeals all previous enactments relating to the repayment of loans for poor law purposes, provides for the repayment of such loans in manner therein mentioned (s). Poor law guardians cannot borrow money and redeem at once a loan repayable by instalments where the persons to whom the loan is owing do not consent to such immediate redemption (t). of rates to provide burial viii. Mortgages under the Burial Acts. - Burial boards Mortgages appointed at a vestry meeting by the ratepayers of a parish, township or district (u), may raise money for providing a burial grounds. ground by mortgage of the rates. The powers of a burial board are, in boroughs, vested in the town council (x); in the city of London in the Commissioners of Sewers (y); and, in rural parishes which have adopted the Burial Acts, in the parish council (*). With regard to such mortgages, it is enacted by the Burial Act, 1857 (a), as follows: Sect. 19. "The clauses of the Commissioners Clauses Act, Chap. XXV. (viii.) Power of burial board of parish consisting of several poor law districts. Powers of 1847 (b), with respect to mortgages to be executed by the Commissioners, shall be incorporated with this Act, and shall apply to mortgages and other securities to be executed by burial boards; and for the purposes of this Act the expression the Commissioners,' where used in the said clauses, shall mean the burial board acting in the execution of the said clauses and the Acts hereinbefore recited or this Act. Sect. 20. "Provided always, that for the purposes of providing a sinking fund for paying off the principal money borrowed on mortgages granted under any of the said Acts or this Act, the burial board shall, once in every year, set aside, out of the moneys charged by such mortgages, such sum as they think proper, being a sum equal to or exceeding one-fiftieth part of the principal money so borrowed." Where two districts are divided for the purposes of relief of the poor, but form one ecclesiastical parish, the burial board of the whole parish may give a mortgage of the future rates of both districts, the repayment of the money being apportionable between the two districts in proportion to the value of the property in each part as rated for the relief of the poor (c). ix. Mortgages under the Public Libraries Acts.-By the town councils, Public Libraries Act, 1855 (d), power was given to town councils on mortgage and boards of commissioners, trustees, and other persons acting of borough &c. to borrow funds. Power of local boards in the execution of Improvement Acts, to borrow on the security of mortgages and bonds of borough funds, moneys required for erecting, establishing, and maintaining public libraries; and the provisions of the Companies Clauses Consolidation Act, 1845 (e), with respect to the borrowing of money on mortgage or bond were, so far as applicable, incorporated in this Act. By the Public Libraries Act, 1855, Amendment Act, 1871 (ƒ), every local board under the Public Health Act, 1848 (g), and mortgages of the Local Government Act, 1858 (), is empowered to adopt to borrow on rates. Extension of borrowing and carry into effect the principal Act, and for that purpose to borrow upon mortgage of the general district rate or any separate rate to be levied under the principal Act in conformity with the borrowing provisions of the Local Government Act, 1858 (h). By the Public Libraries Act Amendment Act, 1887 (i), the (b) 10 Vict. c. 16. See ante, p. 466. L. J. Q. B. 96. (d) 18 & 19 Vict. c. 70. (e) 8 Vict. c. 16. See post, p. 483. (f) 34 & 35 Vict. c. 71. authorities." power to erect, establish, and maintain a library given by the Chap. XXV. Act of 1855 is extended to all "library authorities" as defined (ix.) by the amending Act, i.e., the council, commissioners, board, or powers to other persons or authority carrying into execution the Public library Libraries Acts. And by sect. 7 of the amending Act, it is provided that sects. 233, 234, and 236 to 239 inclusive, of the Public Health Act, 1875 (k), shall apply with necessary modifications to all money borrowed by any library authority, as if such authority were an urban sanitary authority; and the same section repeals so much of sect. 17 of the Act of 1855 as relates to the incorporation of the borrowing provisions of the Companies Clauses Consolidation Act, 1845, except as to money previously borrowed. By the Public Libraries Act, 1892 (7), the foregoing Acts, and other Acts relating to public libraries, are repealed as from the commencement of this Act. For the purposes of this Act, every urban district and every parish not being within an urban district in England and Wales is a library district (m), and may adopt the provisions of the Act ("). The library authority being, in an urban district, the urban authority, and, in a parish, the Commissioners appointed and incorporated under the Act, are to carry the Act into operation (o). "Every library authority, with the sanction of the Local Government Board, and in the case of a library authority, being Commissioners appointed by a parish, with the sanction also of the vestry of such parish, may borrow money for the purposes of this Act on the security of any fund or rate applicable for those purposes"; and the above-mentioned sections of the Public Health Act, 1875 (p), are incorporated, with necessary modifications, so as to apply to all money borrowed for the purposes of this Act as if the library authority were an urban authority (q). The Public Works Loan Commissioners may lend any money which may be borrowed by a be borrowed by a library authority (r). Where the Public Library Act, 1892, has been "adopted" by a rural parish, the library authority is the parish council (s). Chap. XXV. (x.) Borrowing powers of parish councils. x.-General Borrowing Powers of County and other Local Councils. By sect. 69 of the Local Government (England and Wales) Act, 1888 (t), county councils are empowered, with the consent of the Local Government Board, to borrow on the security of the county fund, and of any revenues for the consolidation of county debts, the purchase of lands and buildings, the execution of permanent works, the promotion of emigration and colonization, or the paying off of existing loans. And by the same section it is enacted as follows: "(5.) A loan under this section shall be repaid within such period, not exceeding thirty years, as the county council, with the consent of the Local Government Board, determine in each case. (6.) The county council shall pay off every loan either by equal yearly or half yearly instalments of principal, or of principal and interest combined, or by means of a sinking fund set apart, invested, and applied in accordance with the Local Loans Act, 1875 (u), and the Acts amending the same. "(8.) Where the county council are authorized to borrow any money on loan they may raise such money either as one loan or several loans, and either by stock issued under this Act, or by debentures or annuity certificates under the Local Loans Act, 1875 (u), and the Acts amending the same, or, if special reasons exist for so borrowing, by mortgage, in accordance with sections two hundred and thirty-six and two hundred and thirty-seven of the Public Health Act, 1875 (x). "(9.) Provided that where a county council have borrowed by means of stock they shall not borrow by way of mortgage except for a period not exceeding five years. "(10.) Where the county council borrow by debentures such debentures may be for any amount not less than five pounds." By sect. 12 of the Local Government Act, 1894 (y), a county council may, if necessary, without the sanction of the Local Government Board, and irrespectively of any limit of borrowing, raise money, to lend to a parish council, by loan, subject to the like conditions and in the like manner as any other loan for the execution of their duties, and subject to any further conditions which the Local Government Board may, by general or special order, impose. By sect. 7 of the Local Government Act, 1894 (y), the parish meeting of a rural parish may adopt any of the several Acts mentioned in that section, and in the Act referred to as the (x) 38 & 39 Vict. c. 55. (t) 51 & 52 Vict. c. 41. (y) 56 & 57 Vict. c. 73. |