him, accompanied by a police constable, to enter into any such bakehouse for the purpose of examining the same and to enter the same accordingly. of local autho VII. All expenses incurred by any local authority in pur- As to expenses suance of the provisions of this Act may be paid out of any rity acting rate leviable by them, and applicable to the payment of the under this Act. expenses incurred by the local authority under the said Nuisances Removal Acts, and the said authority may levy such rate accordingly. Penalties. penalties. VIII. All penalties under this Act may be recovered sum- Recovery of marily before two or more justices; as to England, in manner directed by an Act passed in the session holden in the eleventh and twelfth years of the reign of Her Majesty Queen Victoria, chapter forty-three, intituled "An Act to facilitate the Performance of the Duties of Justices of the Peace out of Sessions within England and Wales with respect to Summary Convictions and Orders," or any Act amending the same; as to Ireland, in manner directed by the Act passed in the session holden in the fourteenth and fifteenth years of the reign of Her Majesty Queen Victoria, chapter ninety-three, intituled "An Act to consolidate and amend the Acts regulating the Proceedings of Petty Sessions and the Duties of Justices of the Peace out of Quarter Sessions in Ireland," or any Act amending the same; and as to Scotland, upon summary conviction, with power for the justices having cognizance of the case to sentence the offender to imprisonment for a period not exceeding three months until the penalty and expenses of conviction are paid. trates. IX. Any act, power, or jurisdiction hereby authorized to Jurisdiction of be done or exercised by two justices may be done or exercised certain magisby the following magistrates within their respective jurisdictions; that is to say, as to England, by any metropolitan police magistrate or other stipendiary magistrate sitting alone at a police court or other appointed place, or by the Lord Mayor of the City of London, or any alderman of the said city sitting alone or with others at the Mansion House or Guildhall; as to Ireland, by any one or more divisional magistrates of police in the police district of Dublin, and elsewhere by one or more justice or justices of the peace in petty sessions; and as to Scotland, by the sheriff or sheriff-substitute, or by any police magistrate of a burgh. Short title. Not to extend to Ireland. 34 VICT. c. 13. An Act to facilitate Gifts of Land for Public Parks, Schools, and [25th May, 1871.] WHEREAS it is expedient to facilitate gifts of land for the purpose of forming public parks, schools, and museums : 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: I. This Act may be cited as "The Public Parks, Schools, and Museums Act, 1871." II. This Act shall not extend to Scotland or Ireland. III. In the construction of this Act, the words "public Interpretation of park" shall include any park, garden, or other land dedicated terms: Public park: Element ary school; School-house: or to be dedicated to the recreation of the public; the words "elementary school" shall mean a school or department of a school at which elementary education is the principal part of the education there given, and shall not include any school or department of a school at which the ordinary payments in respect of the instruction from each scholar exceed ninepence a week; the word "school-house" shall include the teachers' dwelling-house, and the playground (if any), and the offices and all premises belonging to or required for a school; and Public museum. the words " public museum shall include any buildings used or to be used for the preservation of any collection of paintings or other works of art, or of any objects of natural history, or of any mechanical or philosophical inventions, instruments, models, or designs, and dedicated or to be dedicated to the recreation of the public, together with all libraries, readingrooms, laboratories, and other offices and premises used or to be used in connection therewith. Gifts and be of money to be laid out in land for a public park, &c., ex IV. From and after the passing of this Act all gifts and quests of land or assurances of land of any tenure, and whether made by deed or by will or codicil, for the purposes only of a public park, a school-house for an elementary school, or a public museum, empted from the and all bequests of personal estate to be applied in or towards the purchase of land for all or any of the same purposes only, shall be valid notwithstanding the statute of the ninth George the Second, chapter thirty-six, and other statutes commonly known as the Statutes of Mortmain. Mortmain Act. All such gifts, &c., not made for valuable consideration to be made 12 months before the donor's death, and to be enrolled. V. Provided, that every will or codicil containing any such gift or assurance and every deed containing any such gift or assurance and made otherwise than for full and valuable consideration, shall in order to enable such gift or assurance to take effect under this Act, be made twelve calendar months at least before the death of the testator or grantor, and shall be enrolled in the books of the Charity Commissioners within six calendar months next after the time when the same will, codicil, or deed shall come into operation. of land that may be given. VI. Nothing in this Act shall authorize any gift by will or Limit to extent codicil of more than twenty acres of land for any one public park, or of more than two acres of land for any one public museum, or of more than one acre of land for any one schoolhouse. date, &c., which VII. Nothing in this Act contained shall invalidate or im- Not to invalipose any restriction or condition upon any gift or assurance would have been which would have been valid and free from such restriction valid had this Act not passed. or condition if this Act had not been passed. 34 & 35 VICT. c. 70. An Act for constituting a Local Government Board, and vesting therein certain Functions of the Secretary of State and Privy Council concerning the Public Health and Local Government, together with the Powers and Duties of the Poor Law Board. [14th August, 1871.] WHEREAS it is expedient to concentrate in one department of the Government as hereinafter provided the supervision of the laws relating to the public health, the relief of the poor, and local government: 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: Preliminary. I. This Act may be cited as Act, 1871." -- "The Local Government Board Short title. Establishment of Local Government Board. ment Board. II. A board shall be established, to be called the Local Establishment of Government Board, and from and after the establishment of Local Governsuch board the Poor Law Board shall cease to exist, and all powers and duties vested in or imposed on the Poor Law Board by the several Acts of Parliament relating to the relief of the poor and any other Acts, or vested in or imposed on one of Her Majesty's Principal Secretaries of State by the enactments in that behalf mentioned in the first part of the schedule annexed hereto, so far as such powers and duties relate to England, or vested in or imposed on Her Majesty's most honourable Privy Council by the enactments in that behalf specified in the second part of the said schedule, shall be Constitution of Local Government Board. President and one of the secretaries may transferred to and imposed on the said Local Government Board, and, except as otherwise provided by this Act, shall be exercised and performed by such board in like manner and form, and subject to the same conditions, liabilities, and incidents respectively as such powers and duties might before the passing of this Act have been exercised and performed by the authorities in whom the same were then vested respectively, or as near thereto as circumstances admit. III. The Local Government Board shall consist of a president to be appointed by Her Majesty, and to hold office during the pleasure of Her Majesty, and of the following ex-officio members, that is to say, the Lord President of Her Majesty's most honourable Privy Council, all Her Majesty's Principal Secretaries of State for the time being, the Lord Privy Seal, and the Chancellor of the Exchequer. The Local Government Board shall be deemed to be established from and after the date of the first appointment of a president under this Act. The Local Government Board may appoint in writing such secretaries, assistant secretaries, inspectors, auditors, clerks, messengers, and other officers as the board may, with the sanction of the Treasury, determine. No payment shall be made in respect of their duties under this Act to the ex-officio members of the Local Government Board, but there shall be paid out of moneys provided by Parliament to the president, secretaries, and other officers of the board such salaries as the Treasury may from time to time determine: Provided, that the appointment of any officer to a new office made by the Local Government Board in pursuance of this section shall be deemed to be temporary only until the salary of such office has been provided for by Parliament. IV. The president and one of the secretaries of the Local Government Board shall at the same time be capable of being sit in Parliament. elected to and of voting in the Commons House of Parliament, and the office of president shall be deemed to be an office included in Schedule H of the Representation of the People Act, 1867; in Schedule H of the Representation of the People (Scotland) Act, 1868; and in Schedule E of the Representation of the People (Ireland) Act, 1868. Seal, style, and acts of board. V. The Local Government Board may adopt an official seal, and describe themselves generally by the style and title of "The Local Government Board," and, save as hereinafter provided, any act to be done or instrument to be executed by or on behalf of the Local Government Board may be done or executed in the name of that board by the president or by any member of the Local Government Board, or by a secretary or assistant secretary, if such secretary or assistant secretary is authorized to do or execute the same by any general order of the Local Government Board. A rule, order, or regulation made by the Local Government Board shall be valid if it is made under the seal of the board, and signed by the president or one of the ex-officio members of the board, and countersigned by a secretary or assistant secretary; and the production of such primâ facie evidence of any of the said rules, orders, or regulations as is required by the Documentary Evidence Act, 1868, with respect to the rules, orders, or regulations of the Poor Law Board, shall, until the contrary is shown, be a sufficient proof that any such rule, order, or regulation of the Local Government Board was duly made. officers. VI. All officers, clerks, and other persons employed in or Transfer of about the execution of the powers and duties by this Act transferred to the Local Government Board shall, from and after the establishment of the Local Government Board, be attached to and under the control of the Local Government Board. The officers, clerks, and persons so attached shall in other respects hold their offices and places upon the same terms and conditions, and shall have the same powers, privileges, and immunities with respect to the performance of their duties as if this Act had not passed. The Local Government Board may, by order, distribute the business to be performed under the Local Government Board amongst the several officers and persons transferred to the board by this Act in such manner as the Local Government Board may think expedient. ments, and Government VII. In the construction of and for the purposes of any Act Construction of of Parliament, contract, or other document passed, entered Acts and docuinto, or made before the establishment of the Local Govern- power of Local ment Board, but so far only as may be necessary for exer- Board. cising the powers and discharging the duties by this Act transferred to and imposed on the Local Government Board, the name of such board shall, according to circumstances, be deemed to be substituted for the Poor Law Board, one of Her Majesty's Principal Secretaries of State, or Her Majesty's most honourable Privy Council, as the case may require; and any act or thing which might, if this Act had not passed, have been done by the Poor Law Board, or by one of Her Majesty's Principal Secretaries of State, or by Her Majesty's most honourable Privy Council, so far as relates to the powers and duties hereby transferred, may be done by the Local Government Board. returns to be sent to Local Board. VIII. Where under an Act, whether passed before or after Duplicate the passing of this Act, any return relative to any rate, toll, tax, or due raised in England (other than such as is raised for Government the public revenue of the United Kingdom) is required to be sent to one of Her Majesty's Secretaries of State or any other department of the Government, a duplicate of such return shall in like manner be sent to the Local Government Board, and any person failing to send the same shall be subject to the like penalties as a person neglecting to send any return |