Schedule. SCHEDULE. ENACTMENTS REPEALED. Session and Chapter. Title or Short Title. Extent of Repeal. Section seventy-five, from "In a year in which" to "be conducted together," being sub-section one; from "In a borough the returning officer" down to "construed to refer to the town clerk," being sub-section six; and from "The period between" down to "returning officer may fix," being subsection nine; and from “The seventh of November" to "quarterly meeting of the county council," being sub-section thirteen; and from "shall authorise or require" to "such electoral division or," being paragraph (d) of sub-section sixteen. Extension of c. 42, s. 6. MORTMAIN AND CHARITABLE USES ACT AMENDMENT (55 & 56 VICT. CAP. 11.) An Act to amend the Mortmain and Charitable Uses Act, 1888. [20th June, 1892.] 1. Section six of the Mortmain and Charitable Uses Act, 1888, 51 & 52 Vict. except so much of sub-section (2) thereof as provides that an assurance by deed, made otherwise than in good faith for full and valuable consideration, must be executed not less than twelve months before the death of the assuror, shall apply to any assurance by deed of land to any local authority for any purpose or purposes for which such authority is empowered by any Act of Parliament to acquire land (2). (*) Section 6 of the Mortmain and Charitable Uses Act, 1888, exempts from the provisions of Parts I. and II. of that Act assurances by deed of land of any quantity for certain public purposes, but requires that such an assurance, if made otherwise than in good faith, for full and valuable consideration, shall be executed not less than twelve months before the death of the assuror. It also exempts assurances by will of land of certain limited quantities. The effect of the provision of the text is to extend the exemption to assurances by deed to a county council or any other local authority (as defined in s. 2), for any purpose for which they are empowered by Act of Parliament to acquire land, although such assurances be voluntary, and be made within twelve months before the death of the assuror; it does not apply to assurances by will. "Land," in the Mortmain, etc., Act, 1888, includes "tenements and hereditaments, corporeal or incorporeal, of any tenure, but not money secured in land, or other personal estate arising from or connected with land"; Mortmain, etc., Act, 1891 (54 & 55 Vict. c. 73), s. 3, repealing the definition in s. 10 of the Act of 1888. But as by s. 10 of the Act of 1891 nothing in that Act is to limit or affect the exemptions contained in Part III. of the Act of 1888 (which part includes s. 6), it would seem that "land" in the present Act will have the meaning assigned to it by the Interpretation Act, 1889 (52 & 53 Vict. c. 63), s. 3, and will include "messuages, tenements and hereditaments, houses and buildings, of any tenure." CHARITY INQUIRIES (EXPENSES) ACT, 1892 (55 & 56 VICT. CAP. 15). 2. For the purpose of this Act "local authority" means any county council, council of a municipal borough, sanitary authority, or any body having power to make a rate for public purposes or by the issue of any precept, certificate, or other document to require payment from some authority or officer of money which may render necessary the making of any such rate; and “ assurance has the same meaning as in the Mortmain and Charitable Uses Act, 1888 (a). 3. This Act shall not apply to Scotland or Ireland. 541 Sect. 2. Definitions. Extent of 4. This Act may be cited as the Mortmain and Charitable Uses Short title. Act Amendment Act, 1892. CHARITY INQUIRIES (EXPENSES) ACT, 1892. An Act to authorise the Councils of Counties and County Boroughs to council of county or 1.—(1.) The council of any county or county borough may, if Power for they think fit, pay or contribute towards the expenses of any inquiry conducted by the Charity Commissioners into any charities which are county by the trusts governing their administration expressly appropriated in whole or in part for the benefit of their county or county to expenses borough, or of any part thereof (b). (2.) The payment or contribution may be made out of the county fund (c), or in the case of a county borough out of the borough fund or borough rate. borough to contribute of charity. inquiries. 2. This Act may be cited as the Charity Inquiries (Expenses) Short title Act, 1892. (a) "Assurance" is defined by s. 10 of the Mortmain, etc., Act, 1888, to include " a gift, conveyance, appointment, lease, transfer, settlement, mortgage, charge, incumbrance, devise, bequest, and every other assurance by deed, will, or other instrument." But the present Act, as pointed out in the previous note, applies to assurances by deed only. (b) The powers and duties of the Charity Commissioners as to holding inquiries into the nature and objects of charities, their administration, management, and results, and the value, condition, and application of their property and income are contained in the Charitable Trusts Acts, 1853 to 1894, viz., 16 & 17 Vict. c. 137 (1853); 18 & 19 Vict. c. 124 (1855); 23 & 24 Vict. c. 136 (1860); 25 & 26 Vict. c. 112 (1862); 32 & 33 Vict. c. 110 (1869); 50 & 51 Vict. c. 49 (1887); 54 & 55 Vict. c. 17 (1891); and 57 & 58 Vict. c. 35 (1894). (c) A contribution made by a county council under this Act will be general expenses of the county council. Local Government Act, 1888, s. 68 (2), ante, p. 130. Power for county or borough council to purchase franchise of weights and measures. c. 41. WEIGHTS AND MEASURES (PURCHASE) ACT, 1892. (55 & 56 VICT. CAP. 18.) (d). An Act for authorising County and Borough Councils to purchase * 1.-(1.) Where the council of a county or borough are the local authority for the execution of the law relating to weights and measures (e), the council and the owner of any franchise of weights and measures (ƒ) may, with the approval of the Board of Trade, enter into and carry into effect any agreement for the sale to and purchase by the council of all or any of the powers and authorities of the franchise owner within the area under the council as such local authority, and on any such purchase being completed the powers and authorities purchased shall cease to be exercised. (2.) For the purpose of any such purchase the Lands Clauses Acts shall be incorporated with this Act, except the provisions of those Acts with respect to the purchase and taking of land otherwise than by agreement, and the franchise shall be deemed land within the meaning of those Acts. (3.) A county council may borrow money for the purposes of this 51 & 52 Vict. Act in accordance with the Local Government Act, 1888 (g), and a borough council may borrow money for the purposes of this Act in 38 & 39 Vict. accordance with the Public Health Act, 1875. c. 55. (4.) The expenses incurred by a borough council under this Act shall be defrayed out of the borough fund or borough rate, and any money borrowed by such a council shall be borrowed on the security of the borough fund or borough rate. (5.) For the purposes of this Act the expression "franchise of weights and measures" shall include the authority which any courtleet for any hundred or manor, or any jury or ward inquest, or the lord or lady of any manor, or any other person, may have for inspecting, examining, regulating, verifying, stamping, adjusting, seizing, breaking, or destroying any weights or measures, or weighing instrument or measuring instrument. (d) See the Weights and Measures Act, 1889, ante, p. 409, and the Weights and Measures Act, 1893, and the Weights and Measures (Metric System) Act, 1897, post. (e) By virtue of s. 3 (xiii) of the Local Government Act, 1888, ante, p. 12, the county council is the local authority under the Weights and Measures Acts, except (i) in a county borough (ib. s. 31); (ii) in the larger quarter sessions boroughs (ib. s. 35); and (iii) in the larger boroughs not being quarter sessions boroughs mentioned on p. 87, ante, in which cases the local authority is the council of the borough. See also the note to the Weights and Measures Act, 1893, post, p. 574. (f) The expression "franchise of weights and measures" is defined, sub-s. (5), infra. (g) As to borrowing by a county council, see s. 69 of the Local Government Act, 1888, ante, p. 132. The expenses of a county council under this Act are "general expenses," ib】 s. 68 (2). Sect. 2. Provision as to certain 2. Where the council of a county have in pursuance of this Act acquired any franchise of weights and measures in respect of any area within a borough the council of which are not at the time of such acquisition the local authority for the execution of the law boroughs. relating to weights and measures, the council of that borough shall not become such a local authority (h) until they have recouped to the council of the county such proportion of the expenses of the county council in acquiring the franchise and in executing the law relating to weights and measures as may be agreed on between the respective councils, or may, in case of difference, be determined by the Board of Trade. 3. This Act shall not extend to Scotland or Ireland. Extent of 4. This Act may be cited as the Weights and Measures (Purchase) Short title Act, 1892, and shall be read as one with the Weights and Measures and conActs, 1878 and 1889. TECHNICAL AND INDUSTRIAL INSTITUTIONS ACT, 1892. (55 & 56 VICT. CAP. 29) (i). An Act to facilitate the Acquisition and Holding of Land by * struction. 41 & 42 Vict. c. 49. 52 & 53 Vict. c. 21. 1. This Act may be cited as the Technical and Industrial Short title. Institutions Act, 1892. 2. This Act applies to every institution established, whether Definition of before or after the passing of this Act, for effecting all or any of institution. the following purposes, that is to say : (h) Having regard to s. 37 of the Local Government Act, 1888, ante, p. 82, it appears that a borough council can only become the local authority for the purposes of the Weights and Measures Acts, if the borough is constituted into a county borough under s. 54 of that Act. (i) Under this Act a county council may become the governing body of an institution established for any of the purposes mentioned in s. 2, and may acquire any land required for an institution of which they are the governing body. It is to be noticed that the Act does not deal with the question of how funds are to be provided for the purchase of the land, and contains no borrowing powers; it appears, in fact, to contemplate the existence of an endowment applicable for the purpose. If, however, the institution is established for the purpose of giving technical instruction (see s. 2 (i), it would appear that a county council may, under the powers given to them by the Technical Instruction Act, 1889 (ante, p. 435), endow it out of the county fund, and borrow money for the purpose of acquiring the land. See s. 4 (4) (a) of that Act. There is no power to take land compulsorily for the purposes of this Act. Voluntary conveyances for the purposes of the Act by limited owners are contemplated by the Act, but subject to restrictions which render this power very difficult to exercise. See s. 7, infra. Sect. 2 (i). 52 & 53 Vict. c. 76. Governing body. Incorporation of 8 & 9 Vict. c. 18. c. 106. (i.) To give technical instruction within the meaning of the Technical Instruction Act, 1889 (k); (ii.) To provide the training, mental or physical, necessary for the above purpose. (iii.) In connection with the purposes before mentioned, to provide workshops, tools, scientific apparatus and plant of all kinds, libraries, reading rooms, halls for lectures, exhibitions, and meetings, gymnasiums, and swimming baths, and also general facilities for mental and physical training, recreation, and amusement, and also all necessary and proper accommodation for persons frequenting the institution; and every such institution is in this Act referred to as the institution. 3.—(1.) The governing body (1) of the institution may be any body corporate, council, public authority, local authority, commissioners, directors, committee, trustees, or other body of persons, corporate or unincorporate, willing to undertake, or elected or appointed for the purpose of undertaking, or having, the government and management of the institution. (2.) The governing body may make bye-laws and rules for the management and conduct of the institution. 4. The Lands Clauses Consolidation Act, 1845, and the Lands Clauses Consolidation Acts Amendment Act, 1860 (except the 23 & 24 Vict. provisions of those Acts relating to the purchase and taking of lands otherwise than by agreement, and with respect to the entry upon lands by promoters of the undertaking, and with respect to determining the amount of purchase money by valuation of surveyors), are hereby incorporated in this Act. Power to take land by agreement. Conveyance may be by way of sale, exchange, or gift. 5. The governing body of the institution may by agreement enter on, take, and use any land required by them for the purposes of the institution, and such land may be conveyed either to the governing body or to trustees for the governing body (m). 6.-(1.) A conveyance of land may be made to the governing body of the institution or to trustees for the governing body either for valuable consideration in money, or in consideration of a rentcharge, (k) See this Act, ante, p. 435. It would seem that a county council might itself establish an institution for this purpose under the Act of 1889, and might then proceed under this Act with respect to it. But this Act does not itself enable a county council to establish or endow any institution. (1) It seems clear that under this section a county council may be the governing body of an institution to which the Act relates, if the scheme or instrument establishing the institution so provides. If as suggested in note (k), supra, the institution has been founded by the county council, they may themselves be the governing body, or appoint a committee for that purpose. (m) If the governing body is incorporated, it will probably be found convenient to convey the land to them, and where they are unincorporate, to convey to trustees for them. |