New Zealand. LIBRARIES AND MECHANICS' INSTITUTES.

Transcription

1 ] Consolidated Statutes. New Zealand. LIBRARIES AND MECHANICS' INSTITUTES. 1908, No Short Title. Enactments consolidated. Savings. AN ACT to consolidate certain Enactments of the General Assembly relating to the Establishment of Public Libraries and Mechanics' Institutes. BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows : 1. (1.)- The Short Title of this Act is " The Libraries and Mechanics' Institutes Act, 1908." (2.) This Act is a consolidation of the enactments mentioned in the First Schedule hereto, and with respect to those enactments the following provisions shall apply: (a.) All libraries, corporations, institutes, appointments, polls, bylaws, instruments, and generally all acts of authority which originated under any of the said enactments, and are subsisting or in force on the coming into operation of this Act, shall enure for the purposes of this Act as fully and effectually as if they had originated under the corresponding provisions of this Act, and accordingly shall, where necessary, be deemed to have so originated: Provided that every such corporation shall be deemed to be the same corporation under this Act, without change of corporate entity or otherwise : Provided also that in the case of trustees elected or appointed for a specified term the current term shall be * computed from the date of its commencement. (b.) All trustees holding office under any such enactment on the coming into operation of this Act shall continue in office until their successors under this Act come into office, (c.) All matters and proceedings commenced under any such enactment, and pending or in progress on the coming into

2 Libraries and, Mechanics' Institutes. ("No operation of this Act, may he continued, completed, and enforced under this Act. (3.) This Act is divided into Parts, as follows : PART I. Public Libraries managed by Local Authorities. (Sections 2 to 13.) : ART II. Public Libraries and Mechanics' Institutes managed by Trustees. (Sections 14 to 26.) PART I. PUBLIC LIBRARIES MANAGED BY LOCAL AUTHORITIES. 2. In this Part of this Act, if not inconsistent with the context, interpretation. " District" means a county, a road district, or a town district, 18 69, No. 67, sec. 2 and does not include a borough : "Local authority" means a County Council, Road Board, or Town Board. 3. (1.) The Chairman of the local authority of a district, on the Local authority request of the local authority or on the request in writing of ten rate- ^ t this payers residing in the district, shall ascertain whether the provisions of with the consent of this Part of this Act shall be adopted for such district in manner follow- rate P a y ers - ing, that is to say: By causing a notice to be inserted in- some news- Ibld ' sec> 3 paper published in the district, or, if there is none such, then in some newspaper published in the provincial district in which such district is situate, specifying on what day, not earlier than ten days after such publication, and at what place within the district a poll of the ratepayers will be taken on the proposal. (2.) Such notice shall be to the effect of the form in the Second Schedule hereto. (3.) Such poll shall be taken in the manner prescribed by "The ibid, sec. 4 Local Elections and Polls Act, 1908," and all the provisions of that Act shall, mutatis mutandis, apply. (4.) The proposal shall be deemed to be carried or rejected if more ibid, sec. r> than one-half of the votes given have been given for or against the proposal, as the case may be. (5.) Notice of the result of the poll shall be forthwith given by Notice of result ot publication in the newspaper in which was published the notice mentioned pou ' in subsection one hereof. 4. If the result of the poll is that the provisions of this Part of Effect of adoption, this Act shall be adopted for such district, the same shall thenceforth Ibid> sec - 5 take effect and come into operation in the district, and shall be carried into execution in accordance with the laws for the time being in force relating to the local authority of the district. 5. If the result of the poll is that the proposal is rejected, no poll if result of poll for a similar purpose shall be held for the space of one year at least Sr polft? be" n from the time of holding the previous poll. taken for a year. 6. For carrying this Part of this Act into execution the local Ibid ' sec - 11 authority may levy a rate (called " the Library Rate ") not exceeding ^penny hithe^ in any one year a sum equal to one penny in the pound on the annual pound. value of the rateable property within the district, or its equivalent on Ibid ' sec - 6 the capital value or unimproved value, according to the system of rating in force in the district.

3 ] Consolidated Statutes. Power to borrow for purposes hereof. 1869, No. 67, sec. 7 Lands may be appropriated, purchased, or rented for the purposes hereof. Ibid, sec. 8 Property of library to be vested in local authority. Ibid, sec. 9 General management to be vested in local authority or a committee thereof. Ibid, sec. 10 Powers of local authority. Ibid, sec. 10 Libraries to be free. Ibid, sec. 12 Where this Part of Act to be deemed in force. 7. For carrying this Part of this Act into execution the local authority may from time to time, subject to the borrowing-powers conferred on such local authority, borrow at interest such sums of money as may be required on the security of the yearly amount of rate authorised by this Act. 8. The local authority may from time to time appropriate for the purposes of this Part of this Act any lands vested in it or the corporate body it represents, and may purchase or lease any lands with or without suitable buildings; and may, upon any such lands erect any buildings suitable for public libraries, and repair and improve any such buildings, and fit up, furnish, and supply the same with all requisite furniture, fittings, and conveniences. 9. All such lands and buildings, and all other real and personal property whatever presented to or purchased for any library established under this Part of this Act, shall be vested in the corporate body represented by the local authority. 10. The general management, regulation, and control of every library established under this Part of this Act by a local authority shall be vested in and exercised by the local authority, or in such committee as the local authority from time to time appoints, the members whereof need not be members of the local authority. 11. The local authority or committee appointed as aforesaid may from time to time appoint and remove officers, purchase and provide the necessary furnishings, fuel, lighting, and other requisites, also books, newspapers, and maps for the use of the library, and cause such books, newspapers, and maps to be bound and repaired when necessary, and make rules and regulations for the safety, management, and use of the library and for the admission of the public. 12. The public shall be admitted to all libraries established under this Part of this Act free of all charge. 13. This Part of this Act shall, without the necessity of any adopting proposal, be deemed to be in force wherever " The Public Libraries Act, 1869," is in force on the coming into operation of this Act; and all libraries established under that Act shall be deemed to be established under this Part of this Act. PART II. PUBLIC LIBRARIES AND MECHANICS' INSTITUTES MANAGED BY TRUSTEES. Declaration of 14. Any number of persons, not less than ten, having subscribed Wishinstitution 8 " or homing together not less than twenty pounds in money or money's 1875, No. 88, sec. 2 worth for the Jjuse of their intended institution may make and sign a declaration (in duplicate) of their intention to establish a public library, mechanics' institute, athenaeum, or other similar institution, as the case may be, at some place to be named in such declaration, in which they shall also state (a.) The name of the intended institution: (b.) Its purpose: (c.) The amount of money or money's worth subscribed by them respectively or held by them for the use thereof:

4 Libraries and, Mechanics' Institutes. ("No (d.) The names of those who are to be the first trustees for managing its affairs, and the mode in which their successors are to be appointed: (e.) The mode in which new members of the corporation are to be admitted, and the mode in which by-laws are to be made: (/.) Generally such other particulars and provisions as they may think necessary, not being contrary to this Part of this Act or to law. 15. (1.) One duplicate of such declaration shall be filed in the Duplicate declaraoffice of the Registrar of the Supreme Court nearest to the site of how disposed the intended institution by one of the subscribing parties, who shall, 1875, No. 88, sec. 3 before such Registrar, acknowledge the execution thereof by himself, and declare the same to have been executed by the other parties thereto or by their attorneys. (2.) The Registrar shall keep the duplicate so filed, and deliver The Registrar to file the other to the person who filed it, with a certificate of the same having deliver the been so filed and of the execution having been attested before him; and ibid, sec. 4 such duplicate, or any copy thereof certified by such Registrar, shall be prima facie evidence of the facts alleged in such declaration and certificate. 16. When the formalities aforesaid have been complied with, the when to become persons who signed such declaration, together with the trustees or office- ^^set? bearers and the committee for the time being of such institution, and their successors, shall be a body corporate under the name stated in the aforesaid declaration, and shall have the powers, rights, and immunities vested in such bodies by law, with power to such corporation, in its corporate name, from time to time to acquire and hold to it and its successors, for the uses of such corporation, anytlands situate within the provincial district. 17. The affairs of every such corporation shall be managed by Trustees, the trustees thereof for the time being appointed as hereinafter or Ibid > sec. 7 by any by-law of the corporation provided, who, or a majority of whom, may exercise all the powers of the corporation, and act in its name and on its behalf, and use its seal, subject always to any provisions limiting the exercise of such powers in the declaration aforesaid or in any by-law of the corporation. 18. Such trustees, or a majority of them, may make by-laws bind- By-laws, ing the members and officers of the corporation, and all others who Ibld ' sec " 8 agree to be bound by them, for all purposes relative to the affairs and business of the corporation, except as to matters touching which it is provided by the declaration that by-laws shall be made in some other manner. 19. The members of the corporation may, at their annual meet- Officers, ing to be held on the day appointed by a by-law of the corporation, Ibid > sec - 9 choose from among themselves a president, and may appoint (unless it is otherwise provided in the declaration or by-laws) a librarian, treasurer, and secretary, or such other officers as they think necessary, and fix and pay their remuneration (if any), and may also^choose a board of trustees of such corporation, who shall hold office for one year, or such further time as mav be limited or permitted by the declaration or by-laws.

5 ] Consolidated Statutes. Failure to elect trustees. 1875, No. 88, sec. 10 What fines may be imposed. Ibid, sec. 11 Recovery of fines and subscriptions. Ibid, sec. 12 Application of fines. Ibid, sec. 14 Witnesses and evidence of by-laws. Ibid, sec s When shares transferable. Ibid, sec. 15 Shares to be personal property. Ibid, sec. 16 Dissolution provided for. Ibid, sec A failure to elect trustees on any day appointed for that purpose by the declaration or by any by-laws shall not effect the dissolution of the corporation, but the trustees then in office shall remain in office until their successors are elected, which they may be (if no other provision is made therefor by the declaration or by-laws) at any meeting of the corporation at which a majority of such members are present, in whatever way such meeting may have been called. 21. The corporation may by its by-laws impose a fine not exceeding one pound on any member contravening the same, or on any person not being a member of the corporation who has in writing agreed to obey the by-law for the contravention whereof it is imposed. 22. (1.) Any such fine, if incurred, and any subscription or other sum of money which any member or other person may have agreed to pay to the corporation for his subscription to the funds of the corporation for any certain time, or for the loan of any book or instrument, or for the right of entry to the rooms of the corporation, or for any other privilege or advantage afforded to him by the corporation, may be recovered by the corporation by action in any Court of competent jurisdiction, on proof of the signature of the defendant to some writing by which he has undertaken to pay such subscription or to obey such by-law, and of the breach of such undertaking, which breach, as regards a promise to pay any sum of money, shall be presumed until the contrary is shown, and as regards the contravention of any such bylaw may be proved by the oath of any one credible witness. (2.) All fines so recovered shall belong to the corporation for the use thereof. 23. In any action to which the corporation is a party, any member or officer of the corporation shall be a competent witness, and a copy of any by-law bearing the signature of the defendant, or being certified as ä correct copy of such by-law by the president or other two officers of the corporation, shall be "prima facie evidence of such by-law. 24. If it is provided in the declaration or by the by-laws of the corporation that the shares of the members in the property of the corporation shall be transferable, then they shall be transferable accordingly, in the way and subject to the conditions mentioned in the declaration or in the by-laws, if by such declaration such transfers are to be regulated by them. 25. All such shares shall be personal property, and by the declaration or by-laws provision may be made for the forfeiture of the shares in cases to be therein named, or for preventing the transfer thereof to others than persons of some certain description or resident within some certain locality. 26. Provision for the dissolution of the corporation may be made by the declaration, or it may be therein provided that' 'such provision may be made by the by-laws of the corporation, but no [such dissolution shall take effect until the liabilities of the corporation are discharged.

6 Libraries and, Mechanics' Institutes. ("No SCHEDULES. FIRST ENACTMENTS SCHEDULE. CONSOLIDATED. 1869, No. 67. "The Public Libraries Act, 1869." 1875, No. 88. " The Public Libraries Powers Act, 1875." SECOND SCHEDULE. Section 3 (2) NOTICE OP POLL TO BE TAKEN. 67, _ Schedule. IN pursuance of the provisions of " The Libraries and Mechanics' Institutes Act, 1908," the ratepayers of the [Name of district] are required to signify at the place undermentioned their votes for or against the adoption of Part I of the aforesaid Act. (Signed) A. B., Chairman. N.B. The place for voting is [Here insert the place appointed for voting].