[Assented to 10th March, 1882.]

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:–

1. This Act may be cited as "The Free Libraries Act, 1882."

2. A free library may be established in any city, town, or incorporated village, in manner hereinafter provided.

(2) Where a free library is so established, there may, without any proceedings for the purpose under this Act, be connected with the library, a free news-room, or museum, or both; and there may be established a branch library, or branch libraries, and a branch news-room, or branch news-rooms, in the municipality.

(3) In case a petition is presented to the Council of a city, town, or incorporated village, signed by not less than one hundred electors in the case of a city, or not less than sixty in the case of a town, or not less than thirty in the case of an incorporated village, praying for the establishment of a free library under this Act; the council may pass a by-law giving effect to the petition, with the assent of the electors qualified to vote at municipal elections given before the final passing of the by-law as provided by the Municipal Law.

(4) In case the vote of the electors is adverse to the by-law, no new by-law for the same purpose shall afterwards be passed by the Council, to be submitted to the electors within the same municipal year.

3. In case of the establishment of a Free Library under this Act, the general management, regulation and control of the library, and of the news-room and museum (if any) shall be vested in and exercised by a Board to be called the Board of Management; which Board shall be a body politic and corporate, and shall be composed of the mayor of the city or town, or the reeve of the village, and three other persons to be appointed by the Council, three by the Public School Board, or the Board of Education, of the municipality, and two by the Trustees of the Separate School, if any.

(2) No person who is a member of the body entitled to appoint shall be qualified to be a member of the Board of Management.

(3) Of the representatives appointed by the Council, and the Public School Board, or Board of Education and Separate School Trustees, respectively, one shall retire annually, but may be re-appointed.

(4) Of the three members first appointed by the Council, and Public School Board, or Board of Education respectively, one shall hold office until the first day of February after his appointment, one until the first day of February in the following year, and one until the same day in the year next thereafter; and of the two members first appointed by the Separate School Trustees, one shall hold office until the first day of February after his appointment, and one until the first day of February of the following year, but every member of the Board of Management shall continue in office after the time named until his successor is appointed.

(5) In case of a vacancy by the death or resignation of a member, or from any cause other than the expiration of the time for which he was appointed, the member appointed in his place shall hold office for the remainder of his term.

(6) Subject to these provisions, each of the members appointed by the Council, or Public School Board, or Board of Education, shall hold office for three years from the first day of February in the year in which he is appointed; and each of the members appointed by Separate School Trustees, for two years from the first day of February in the year in which he is appointed.

(7) The first appointment of members of the said Board shall be made at the first meeting of the appointing Council or Board, after the final passing of the by-law. The annual appointments thereafter shall be made at the first meeting of the appointing Council or Board, after the first day of January in every year; and any vacancy arising from any cause, other than the expiration of the time for which the member was appointed, shall be filled at the first meeting thereafter of the appointing Council or Board. But if for any reason appointments are not made at the said dates, the same shall be made as soon as may be thereafter.

(8) The Board of Management shall elect one of their number as chairman, who shall hold office for one year; he shall preside at meetings of the Board when present; in his absence a chairman may be chosen pro tem. The chairman shall have the same right of voting as the other members of the Board, and no other.

(9) The Board shall meet at least once every calendar month, and at such other times as they may think fit.

(10) The chairman or any two members may summon a special meeting of the Board by giving at least two days' notice in writing to each member, specifying the purpose for which the meeting is called.

(11) No business shall be transacted at any general or special meeting unless four members are present.

(12) All orders and proceedings of the Board shall be entered in books to be kept by them for that purpose, and shall be signed by the chairman for the time being.

(13) The orders and proceedings so entered and purporting to be so signed, shall be deemed to be original orders and proceedings, and (such books) may be produced and read as evidence (of the orders and proceedings) upon any judicial proceeding whatsoever.

4. Subject to the restrictions and provisions hereinafter contained, the Board are, from time to time, to procure, erect, or rent the necessary buildings for the purposes of the library or of the library, news-room and museum (as the case may be); to purchase books, newspapers, reviews, magazines, maps and specimens of art and science, for the use of the library, news-room and museum, and to do all things necessary for keeping the same in a proper state of preservation and repair; and to purchase and provide the necessary fuel, lighting, and in other similar matters; and are to appoint and dismiss, as they see occasion, the salaried officers and servants employed.

5. The Board may make by-laws or rules for the safety and use of the library, news-room, and museum, and for the admission of the public thereto; and for regulating all other matters and things whatsoever connected with the management of the library and of the news-room and museum (if any), and with the management of all property of every kind under their control for the purposes of this Act; and the Board may impose penalties for breaches of the by-laws or rules, not exceeding ten dollars for any offence; and may from time to time repeal, alter, vary, or re-enact any such by-laws or rules.

(2) After any such by-laws or rules have been published weekly for at least two weeks in a newspaper published in the municipality, or in a newspaper circulated therein if no newspaper is published therein, the by-laws and rules so published shall be binding on all parties concerned; but any judge or magistrate, before whom a penalty imposed thereby is sought to be recovered, may order a part only of such penalty to be paid, if he thinks fit.

(3) Nothing herein contained shall preclude the recovery of the value of articles or things damaged, or the amount of damage sustained, from parties liable for the same.

6. The Board of Management shall, in the month of March in every year, make up or cause to be made up, an estimate of the sums required to pay, during the ensuing financial year:

(2) The Board shall report their estimate to the council not later than the first day of April in each year.

7. The Board of Management shall keep distinct and regular accounts of their receipts, payments, credits and liabilities, and the accounts shall be audited by the auditors of the municipality, in like manner as other accounts of the municipality, and shall thereafter be laid before the Council by the Board of Management.

8. For the purpose of providing for the expenses necessary for carrying this Act into effect, the council of the municipality, in addition to all other rates and assessments levied and assessed for municipal purposes, shall levy and assess from year to year a special annual rate sufficient to furnish the amount estimated by the said Board to be required as aforesaid, but not exceeding one half of a mill in the dollar, upon the assessed value of all ratable real and personal property, such rate to be called "The Free Library Rate."

(2) The council may also, subject as hereinafter provided, on the requisition of the Board of Management, raise by a special issue of debentures of the municipality, to be termed "Free Library Debentures," such sums as may be required for the purpose of purchasing and erecting the necessary buildings, and, in the first instance, for obtaining books and other things required.

(3) During the currency of the debentures so issued the council shall withhold, and retain as a first charge on the said annual rate, such amount as shall be required to meet the annual interest of the debentures, and a sinking fund for the retirement thereof as the debentures become due, such sinking fund to be invested and dealt with as in the case of other municipal debentures.

(4) All moneys levied or raised as aforesaid shall be received by the treasurer of the municipality in the same manner as other municipal funds, and be paid out by him on the orders of the Board; save as to the amount required to meet the interest and provide a sinking fund for debentures issued as aforesaid.

(5) It shall not be necessary to submit to the electors a by-law authorizing the issue of debentures, provided the annual sum required to meet the annual interest and sinking fund do not, with a reasonable allowance for annual expenses, exceed the said limit of half a mill in the dollar.

9. All libraries, news-rooms, and museums established under this Act shall be open to the public, free of all charge.

10. At any time after the adoption of this Act in any municipality, any Mechanics' Institute or Library Association in the municipality may by agreement with the Board transfer to the corporation of the municipality, for the purposes of this Act, all or any property, real or personal, of the Institute or Association; but any transfer which, but for this section, the Institute or Association would not have authority to make, shall only be made in the manner provided by the Act respecting, the power of Mechanics' Institutes and Library Associations to deal with their real estate (42 Vic., cap. 29).

(2) In case the transfer is to be made on terms involving the assumption of any liability of the Institute or Association, or the payment of any money in consideration of the transfer, the agreement shall not be binding, unless approved of and consented to by by-law of the municipal council.

11. Upon the coming into operation of this Act in any municipality, it shall, as regards such municipality, be deemed to be incorporated with the Municipal and Assessment Acts from time to time affecting such municipality.

12. The forms in the schedule hereto may be used for the purposes of this Act, or any forms to the like effect and the recitals contained in the said forms shall be deemed sufficient, any provisions in the Municipal Act to the contrary notwithstanding.

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PETITION.

    The above is a true copy of a proposed By-law which will be taken into consideration by the Council of                        after one month from the                           day of                            , 18      , being the date of the first publication thereof, and the polls for taking the votes of the electors will be held at the hour, day and places named in the said By-law.

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FORM D.

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