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Canterbury Museum and Library Ordinance 1870

9. The Canterbury Museum and Library Ordinance 1870

[18^th February 1871.]

Whereas the specimens of Natural history and other public property deposited in the Museum of the Province of Canterbury have now become of considerable value and whereas it is deemed expedient for the promotion of Literature and Science that a Public Library and a School of Technical Science should be established and that the specimens of Natural History Books Pictures Manuscripts Statues and other objects now deposited in the said Museum which now belong to the Province of Canterbury or which the Province may hereafter acquire by gift bequest purchase or exchange should be deposited in the custody of trustworthy persons.

Be it therefore enacted by the Superintendent of the Province of Canterbury with the advice and consent of the Provincial Council thereof as follows:

1. Board of Trustees to be constituted.

A Board of Trustees composed as hereinafter mentioned shall be and is hereby constituted a body politic and corporate by the name of " The Trustees of the Canterbury Museum and Library " by which name such body corporate shall have perpetual succession and shall have a common seal and shall by the same name from time to time sue and be sued implead and be impleaded in all courts and shall be able and capable in law to take purchase and hold to them and their successors all goods chattels and personal property whatever either now deposited within the precincts of the Canterbury Museum or hereafter to be acquired by gift bequest purchase or exchange and shall also be able and capable in law to purchase take and hold to them and their successors not only such lands buildings hereditaments and possessions as may from time to time be exclusively used and occupied for the immediate requirements of the said Museum but also any other lands buildings hereditaments and possessions whatever situate in the said Province or elsewhere which may be purchased by or granted to them and they and their successors shall be able and capable in law to grant demise alienate or otherwise dispose of all or any of the said property real or personal belonging to the said Museum Public Library or School of Technical Science and also to do all other matters and things incidental to or appertaining to a body politic and corporate.

2. Trustees not to alienate charge or demise any lands except by way of lease.

Provided always that it shall not be lawful for the said Trustees to alienate charge or demise any lands tenements or hereditaments to which they may become entitled by grant purchase or otherwise unless with the approval of the Superintendent and Provincial Council of the Province of Canterbury for the time being except by way of lease for any term not exceeding three years from the time when such lease shall be made in and by which there shall be reserved and made payable for the uses of the said Museum and Library during the whole of the term thereby granted the best yearly rent that can be reasonably gotten for the same without any fine or premium.

3. Body corporate who to consist of.

The said body corporate shall consist of twelve Trustees six of whom shall be called official Trustees and shall consist of the following public officers for the time being of the Province of Canterbury that is to say: His Honour the Superintendent His Honour the Judge of the Supreme Court residing in the Province of Canterbury the Provincial Secretary the Provincial Solicitor the Speaker of the Provincial Council the Chief Surveyor or should any such office cease to exist then such other officer as the Superintendent may name for the purpose and the other six trustees who shall be called elective Trustees shall consist at first of the following persons that is to say: Thomas Henry Potts Alfred Charles Marker Julius Haast, F.R.S. Charles Fraser, M.A. Henry Richard Webb John Davies Enys.

4. Vacancies how to be filled up.

All vacancies which shall occur by death resignation or otherwise among the aforesaid six elective Trustees shall be filled up as they may occur by the election of such other fit and proper persons as the remaining members of the aforesaid body corporate shall at meetings duly to be convened for that purpose elect to fill up such vacancies: Provided always that no such vacancy unless created by death or resignation shall occur for any cause whatsoever unless such cause shall have been previously specified by some by-law of the said body politic and corporate duly passed as hereinafter mentioned.

5. Of the quorum and voting.

At every meetings of the said Trustees five Trustees shall form a quorum and all questions shall be decided by the majority of votes of the Trustees present and in all cases when the votes on each side shall be equal the chairman who may be chosen to act on the occasion shall have an additional or casting vote.

6. Trustees empowered to appoint officers and servants and to have management of the affairs and property.

The said Trustees shall have full power to appoint all officers and servants of the said Museum and shall have the entire management and superintendence of the affairs concerns and property of the said Museum and Library and in all cases not provided for by this Act it shall be lawful for the said Trustees to act in such manner as shall appear to them best calculated to advance the objects of the said institutions.

7. Trustees empowered to make repeals or alter by-laws and orders.

The said Trustees shall have power and authority to make and also to repeal or alter all such by-laws rules and orders touching and concerning the management and good government of the said Museum Library and School of Technical Science and the income and property thereof and any other matter or thing relative to the same as to them may seem fit for the effectual attainment of the objects of the institutions, the security of the property and the administration of the affairs thereof.

8. Trustees to report proceedings and progress of the Institution to Superintendent at least once in every year.

The said Trustees shall once at least in every year report their proceedings and the progress of the institutions to the said Superintendent and his Executive Council and a copy of such report shall be laid before the Provincial Council immediately after the commencement of the next session thereof.

9. Trustees to furnish accounts.

Accounts of the expenditure of the said institutions shall be annually furnished by the Trustees to the Government of the Province of Canterbury for examination and audit and in order that an abstract thereof may be published in the Government Gazette of the Province.

10. Title.

This Ordinance shall be intituled and may be cited as " The Canterbury Museum and Library Ordinance, 1870."