Library Associations and Institutes Act

Link to law: http://nslegislature.ca/legc/statutes/library.htm
Published: 2016-01-05

Library Associations and Institutes Act

CHAPTER 255 OF THE REVISED STATUTES, 1989

An Act Respecting Library
Associations and Institutes

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

Library association or institute
2 Any number of persons, not less than ten, having subscribed orholding together not less than one hundred dollars in money or moneysworth, for the use of their intended institution, may make and sign adeclaration in duplicate of their intention to establish a library associationor institute, or both, as the case may be, at some place to be named insuch 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 suchpersons respectively, or held together for the use thereof;

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

(e) the mode in which successors of such trustees are to beappointed, or new members of the corporation admitted, or inwhich 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 deemednecessary, 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 ofdeeds for the registration district in which the institution is proposed tobe established by one of the subscribing parties, who shall before theregistrar of the district acknowledge the execution thereof by himself, anddeclare 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 otherto the person who filed it, with a certificate of the same having been sofiled and of the execution having been attested before him, and the duplicate or any copy thereof certified by the registrar shall be prima facieevidence 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, thepersons who signed the declaration, and any person afterwards becominga member of the institution, shall be a body corporate and politic andshall have the powers, rights and immunities vested in such bodies bylaw, with power to such corporation in their corporate name from timeto time to acquire and hold to them and to their successors for the usesof 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, byresolution passed by a majority of not less than two thirds of themembers present at a special meeting called for the purpose after not lessthan two weeks notice in writing, alter the declaration of intention toestablish the association or institute.

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

Effect of alteration
(3) When the copy of the resolution altering the declaration is filed inthe registry of deeds, the declaration as altered by that resolutionbecomes the declaration of the association or institute.

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

Directors or trustees
8 The affairs of every such corporation shall be managed by thedirectors or trustees thereof for the time being, appointed as in this Actor 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 andact in its name and on its behalf, and use its seal, subject to anyprovisions touching the exercise of such powers in the declarationaforesaid 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 allpurposes relative to the affairs and business of the corporation, except asto matters touching which it is provided by the declaration that by-lawsshall be made in some other manner. R.S., 1989, c. 255, s. 9.

Officers
10 The members of every such corporation may at their annualmeeting, to be held on the day appointed by a by-law of the corporation,choose from among themselves a president, and may appoint, unless itis otherwise provided in the declaration and by-laws, a librarian,treasurer, secretary, lecturer and such other officers and servants of thecorporation as are required, and when necessary fix and pay theirremuneration, and also choose a board of directors and trustees of suchcorporation, 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 bythe declaration or by any by-law shall not cause the dissolution of thecorporation, but the trustees then in office shall remain in office untiltheir successors are elected, which may be, if no other provision is madetherefor by the declaration or by-law, at any meeting of the members ofthe corporation at which a majority of such members are present, inwhatever 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, notexceeding four dollars, on any member contravening the same, or on anyperson, not being a member of the corporation, who has in writingagreed 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 ofmoney which any member has agreed to pay to the corporation for hissubscription to the funds of the corporation for any certain time, or forthe loan of any book or instrument, or the right of entry to the rooms ofthe corporation, or of attending any lectures, or for any other privilegeor advantage afforded him by such corporation, may be recovered by thecorporation by action in any court having jurisdiction in civil matters tothe amount of such fine, and any fine so recovered shall belong to thecorporation 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 thecorporation and the signature of some person purporting to have affixedsuch seal by authority of the corporation, shall be prima facie evidenceof 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 thesame time an institute and library association, or either of them, and itsbusiness shall accordingly be the ordinary and usual business of a libraryand scientific institute or of a library association, or both, as the casemay be, for the proper and convenient carrying on of such business orobjects, and its funds and property shall be appropriated and used forpurposes legitimately appertaining to such business and objects, and forno other. R.S., 1989, c. 255, s. 15.

Source of funds
16 (1) Any town council of an incorporated town, and anymunicipal council of any municipality, may vote and appropriate anannual sum, not exceeding twenty-five hundred dollars per year, towardsthe support, purchase of books or other purposes of any libraryassociation, incorporated under this Act, and whose library is within thebounds of the county wherein said incorporated town or municipality issituated.

(2) Such sum when voted shall be included in the annual appropriationsfor the town or municipality for the year, and shall be assessed andcollected with other rates and taxes required to be assessed for town ormunicipal 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 orother purposes. R.S., 1989, c. 255, s. 17.
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