Canterbury Provincial Ordinances
9. The Canterbury Museum and Library Ordinance 1870
[18th 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
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
Be it therefore enacted by the Superintendent of the Province of Canterbury
with the advice and consent of the Provincial Council
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
be able and capable in law to take purchase and hold to them and their
successors all goods chattels and personal property whatever
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
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
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
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
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
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
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
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
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
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.
This Ordinance shall be intituled and may be cited as " The Canterbury Museum and Library Ordinance, 1870."