Bill: An Act to Authorize the Formation of Free Libraries
[Mr. Alexander Morris]
[read a second time on 7 August 1866 and then discharged]
Whereas it is expedient to grant facilities for the establishment of Free Public Libraries; Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows:—
1. The Mayor of the Municipality of any City, or Town, in Canada containing by the Census made next before the Meeting mentioned in this Section, not fewer than five thousand inhabitants, or any two Justices of the Peace for the locality embracing such City, or Town, but resident in such City, or Town, each possessed of Real Estate in such City, or Town, assessed at the value of , may at any time call a Public Meeting of the owners of Real Estate in the said City, or Town, in order to determine whether this Act shall be used and adopted with a view to the forming and maintaining a Free Public Library in such City, or Town, and ten days' notice at least of the time, place and object of the Meeting shall be given by advertising the said Meeting in at least one Newspaper published in such City, or Town, for at least ten days preceding the day appointed for the Meeting; and, if at any such Meeting two-thirds of the said Owners of Real Estate present at such Meeting so determine, then this Act shall forthwith be used, adopted and acted upon.
2. If any Meeting so called, as aforesaid, to determine whether this Act shall be used, or adopted, shall determine in the negative, then no Meeting for a similar purpose shall be held for the space of one year, at least, from the time of holding the previous Meeting.
3. Whenever any such Meeting shall be convened the Mayor, or, in his absence, the said Justice of the Peace present at such Meeting, shall preside, and shall make, or cause to be made, a Minute of the Resolutions passed at such Meeting, and shall sign the same; and the said Minute shall then be deposited in the Office of the Registrar of the County, or Registration division within which the said City, or Town, may be, by the Chairman of the said Meeting, who shall make oath as to the authenticity of such Minute, before the said Registrar, and the Resolutions, so signed, shall be conclusive evidence that the Meeting was duly convened, and the vote thereat duly taken, and that the Minute contains a true account of the proceedings at the said Meeting.
4. The said Minute and affidavit shall continue and remain in the keeping of the said Registrar, who shall give certified copies of the same to any one requiring them, on payment of a fee of one dollar, and any copy so certified shall be primâ facie evidence of the contents of the said Minute and affidavit in all legal proceedings.
5. Immediately upon its being decided at any such Meeting that this Act shall he used and adopted, and a Free Public Library formed in such City, or Town, the owners of Real Estate in the said City, or Town, shall become a Body Corporate by the name of "The Free Library of the City, or Town, of, (as the case may be)[”] and by that name may sue and be sued, and hold and dispose of Lands and immovable property in the said City, or Town, required for the purposes of their incorporation, and use a Common Seal.
6. The affairs of the said Corporation shall be conducted by nine Trustees, six of whom shall be elected by the Ratepayers from among themselves, and three by those who have made donations to the Corporation of Books, or money, to the value of at least each. The first six Trustees shall be elected at the Meeting at which the adoption of this Act has been decided on, and after the two-thirds vote for such adoption has been taken; and the three Trustees to be appointed by the donors may be appointed by them at any time within one month after the election of the said first six Trustees, by Memorandum in writing signed by four-fifths of such Donors, and delivered to the said first six Trustees, or at a Meeting convened for the purpose, by any one of such six Trustees, of which three days previous notice shall be given by advertisement, of in a Newspaper.
7. An Annual Meeting of the Ratepayers, and an Annual Meeting of the Donors then living, shall be held in each and every Year in the same month as the month in which the Meeting was held at which it was decided to adopt this Act. Any one of the existing Trustees elected by the Ratepayers, and chosen by the Meeting, shall preside at the Annual Meeting of the Ratepayers, and any one of the existing Trustees elected by the Donors and chosen by the Meeting, shall preside at the Annual Meeting of the Donors. Two of the Trustees elected by the Ratepayers, and selected by ballot at the Annual Meeting of the Ratepayers, shall go out of office each year, and their places be supplied by two new Trustees to be elected by the Ratepayers at such Meeting, but the out-going Trustees may be re-elected as such new Trustees. One of the Trustees elected by the Donors, and selected by ballot at the Annual Meeting of the Donors, shall go out each year, and his place be supplied by one new Trustee to be elected by the Donors at such Meeting, but such out-going Trustee may be re-elected as such new Trustee.
8. A majority of the Trustees for the time being shall constitute a quorum, and the Trustees for the time being shall have all the powers of the entire body of Trustees, notwithstanding that, at any time, there may be no Trustees elected by the Donors, or the death, absence, or incapacity of any one, or more, of the Trustees.
9. If, from any cause whatever, the Annual Meetings shall not be held at the time provided by this Act, or the Trustees shall, from any cause whatever, not be elected at such Annual Meeting, the said Corporation shall not be thereby dissolved, but a new Meeting shall be called in the same manner as an Annual Meeting, at which, if necessary, such election may be had; and the Trustees for the time being shall retain their office and powers until their Successors, or the Successors of any one of them, shall be duly elected.
10. The Trustees shall meet at least once in every calendar month, and at such other times as they think fit, at the Library or some other convenient place, and any one Trustee may summon a Special Meeting of the Trustees by giving three clear days' notice in writing to each Trustee, specifying therein the purpose for which the Meeting is called, and no business shall be transacted at any Meeting of the Trustees unless at least a majority shall be present.
11. All orders and proceedings of the Trustees shall be entered in Books to be kept by them for that purpose, and shall be signed by the Trustees, or any two of them, and all such orders and proceedings so entered and purporting to be 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 proceedings whatever.
12. The Trustees shall keep distinct and regular Accounts of their Receipts, Payments, Credits and Liabilities, which Accounts shall be audited yearly, by two Auditors, not being Trustees, elected by the Ratepayers at each Annual Meeting of the Ratepayers. The Auditors, so appointed, shall report to the Trustees as soon as practicable, and such Report shall be open to the inspection of any Ratepayer, or Donor, at all reasonable hours.
13. The said Trustees shall have the power to levy, for the purposes of the Library annually, a tax, not exceeding one-half cent. In the dollar, on all rateable Real property within the City, or Town, where they are elected, and the value of such rateable Real property shall be estimated for the purpose of such Tax, according to the Assessment, or Valuation Rolls, made by the Municipality of the said City, or Town, in the year next preceding the levying of the said Rate by the said Trustees. Such Tax may be levied and recovered from the Owners of the said Real property in the same manner and by the same means as are used for the levying and recovering of any other Rate, Tax, or Assessment, levied, or leviable, in the said City, or Town for the purposes of the City, or Town, Municipality, and such Tax shall, if unpaid, be a special charge and mortgage on such Real property, not requiring registration to preserve it.
14. The said Trustees may establish and maintain Free Reading Rooms in connection with, and as a part of, such Free Libraries, and, from time to time, purchase and provide the necessary fuel, lighting, and other similar matters, Books, Newspapers and Maps, for the use of the said Libraries and Reading Rooms, and cause the same to be bound and repaired when necessary.
15. The said Trustees may purchase and acquire Land in the City, or Town in the name of the Corporation, for the erection of a Library Building , and may mortgage the same at any time to procure funds for the erection, improvement, or repair thereof, or for the payment of any debt secured upon the same.
16. The said Trustees shall elect from among themselves, from time to time, a President, and shall appoint such subordinate Officers as they deem expedient, prescribe their remuneration and duties, and dismiss them, and shall, from time to time, make Rules and Regulations for the management of the said Library, not contrary to this Act, and may allow the Householders and Inhabitants to borrow and take away Books from the Library, on such terms and conditions, and under such restrictions, as the Trustees may think fit to impose.
17. The said Trustees may establish Fines for the infraction of any Rules and Regulations, to be recoverable by them as in an action of debt.
18. The said Libraries shall be open to the Public free of charge, but any one whom the Trustees may consider to have contravened any Rule, or Regulation, may be excluded therefrom.
19. The word "Ratepayer," whenever used in this Act, shall be construed to mean the Owner of Real Property within the City, or Town, whose property is assessed for the purposes of this Act, and the word "Donor,” to mean any one who has given to the said Corporation, in Books, or money a sum not less than dollars. The word "City," shall apply to aro Municipality called in any Statute a City in Upper Canada , or Lower Canada; and the word "Town," shall apply to any incorporated Town in Upper Canada , and to any incorporated Town, or local Municipality in Lower Canada .
20. This Act shall be deemed a Public Act.