Library Associations and Institutes Act

Short title

1 This Act may be cited as the Library Associations and Institutes Act. R.S., 1989, c. 255, s. 1.

Library association or institute

2 Any number of persons, not less than ten, having subscribed or holding together not less than one hundred dollars in money or moneys worth, for the use of their intended institution, may make and sign a declaration in duplicate of their intention to establish a library association or institute, or both, as the case may be, at some place to be named in such declaration. R.S., 1989, c. 255, s. 2.

Contents of declaration

3 The declaration shall state

(a) the corporate name of the institution;

(b) the purpose for which it is to be established;

(c) the amount of money or moneys worth subscribed by such persons respectively, or held together for the use thereof;

(d) the names of the persons who are to be the trustees for managing the affairs of the institution;

(e) the mode in which successors of such trustees are to be appointed, or new members of the corporation admitted, or in which by-laws are to be made for such appointment or admission, or for any other purpose; and

(f) generally such other particulars and provisions as are deemed necessary, not contrary to this Act or to law. R.S., 1989, c. 255, s. 3.

Filing of declaration

4 One duplicate of the declaration shall be filed in the registry of deeds for the registration district in which the institution is proposed to be established by one of the subscribing parties, who shall before the registrar of the district acknowledge the execution thereof by himself, and declare the same to have been executed by the other parties thereto, either in person or by their attorneys. R.S., 1989, c. 255, s. 4.

Duplicate declaration

5 The registrar shall keep the duplicate so filed and deliver the other to the person who filed it, with a certificate of the same having been so filed and of the execution having been attested before him, and the duplicate or any copy thereof certified by the registrar shall be prima facie evidence of the facts alleged in such declaration and certificate. R.S., 1989, c. 255, s. 5.

Corporation

6 When the formalities aforesaid have been complied with, the persons who signed the declaration, and any person afterwards becoming a member of the institution, shall be a body corporate and politic and shall have the powers, rights and immunities vested in such bodies by law, with power to such corporation in their corporate name from time to time to acquire and hold to them and to their successors for the uses of such corporation any real property situated within the Province. R.S., 1989, c. 255, s. 6.

Alteration of declaration

7 (1) The members of a library association or institute may, by resolution passed by a majority of not less than two thirds of the members present at a special meeting called for the purpose after not less than two weeks notice in writing, alter the declaration of intention to establish the association or institute.

Filing of resolution

(2) The alteration shall be effective when a copy of the resolution certified by two officers to be a correct copy is filed in the registry of deeds in which the declaration was filed.

Effect of alteration

(3) When the copy of the resolution altering the declaration is filed in the registry of deeds, the declaration as altered by that resolution becomes the declaration of the association or institute.

Manner of filing

(4) The registrar of deeds shall attach the copy of the resolution to the declaration originally filed with him pursuant to Section 4, and a copy of every such resolution for the time being in force shall be embodied in or annexed to every certified copy of the declaration thereafter made by the registrar. R.S., 1989, c. 255, s. 7.

Directors or trustees

8 The affairs of every such corporation shall be managed by the directors or trustees thereof for the time being, appointed as in this Act or any by-law of the corporation provided, and such directors or trustees, or a majority of them, may exercise all the powers of the corporation and act in its name and on its behalf, and use its seal, subject to any provisions touching the exercise of such powers in the declaration aforesaid or in any by-law of the corporation. R.S., 1989, c. 255, s. 8.

By-laws

9 The trustees or a majority of them may make by-laws 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. R.S., 1989, c. 255, s. 9.

Officers

10 The members of every such corporation may at their annual meeting, to be held on the day appointed by a by-law of the corporation, choose from among themselves a president, and may appoint, unless it is otherwise provided in the declaration and by-laws, a librarian, treasurer, secretary, lecturer and such other officers and servants of the corporation as are required, and when necessary fix and pay their remuneration, and also choose a board of directors and trustees of such corporation, who shall hold office for one year. R.S., 1989, c. 255, s. 10.

Trustees continue in office

11 A failure to elect trustees on any day appointed for that purpose by the declaration or by any by-law shall not cause the dissolution of the corporation, but the trustees then in office shall remain in office until their successors are elected, which may be, if no other provision is made therefor by the declaration or by-law, at any meeting of the members of the corporation at which a majority of such members are present, in whatever way such meeting has been called. R.S., 1989, c. 255, s. 11.

Contravention of by-law

12 Every such corporation may by by-law impose a fine, not exceeding four dollars, 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. R.S., 1989, c. 255, s. 12.

Recovery of sum owing

13 Any such fine if incurred, and any subscription or other sum of money which any member has 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 the right of entry to the rooms of the corporation, or of attending any lectures, or for any other privilege or advantage afforded him by such corporation, may be recovered by the corporation by action in any court having jurisdiction in civil matters to the amount of such fine, and any fine so recovered shall belong to the corporation for the use thereof. R.S., 1989, c. 255, s. 13.

Certificate as prima facie evidence

14 In any action to which the corporation is plaintiff a copy of any by-law bearing the signature of the defendant, or bearing the seal of the corporation and the signature of some person purporting to have affixed such seal by authority of the corporation, shall be prima facie evidence of such by-law. R.S., 1989, c. 255, s. 14.

Objects of corporation

15 Any such corporation may, if so stated in the declaration, be at the same time an institute and library association, or either of them, and its business shall accordingly be the ordinary and usual business of a library and scientific institute or of a library association, or both, as the case may be, for the proper and convenient carrying on of such business or objects, and its funds and property shall be appropriated and used for purposes legitimately appertaining to such business and objects, and for no other. R.S., 1989, c. 255, s. 15.

Source of funds

16 (1) Any town council of an incorporated town, and any municipal council of any municipality, may vote and appropriate an annual sum, not exceeding twenty-five hundred dollars per year, towards the support, purchase of books or other purposes of any library association, incorporated under this Act, and whose library is within the bounds of the county wherein said incorporated town or municipality is situated.

(2) Such sum when voted shall be included in the annual appropriations for the town or municipality for the year, and shall be assessed and collected with other rates and taxes required to be assessed for town or municipal purposes. R.S., 1989, c. 255, s. 16.

Tax exemption

17 All property, real and personal, of any library association, incorporated under this Act, shall be exempt from taxation for town, school, road, relief of the poor, railway, municipal, civic, provincial or other purposes. R.S., 1989, c. 255, s. 17.