Manual of Library Economy / Third and Memorial Edition

by James Duff Brown; W. C. Berwick Sayers

6.

6. The principal Act bearing on literary and scientific institutions is entitled “An Act to afford greater facilities for the establishment of Institutions for the promotion of Literature and Science and the Fine Arts, and to provide for their better regulation,” 17 & 18 Vict., c. 112, 1854. This is nearly all taken up with provisions for transfers of lands and other property, and with a few regulations concerning members, rules, altering, extending or dissolving the institution, etc. This Act was afterwards to some extent modified by “An Act to facilitate the transfer of Schools for Science and Art to Local Authorities,” 54 & 55 Vict., c. 61, 1891. These, and the other Acts referred to, which deal with transfers of property, have had very little to do with the development of voluntary literary and scientific institutions or libraries; the principal statute under which most of them are now governed being an Act passed primarily for quite a different purpose. This is the “Act to amend the ‘Companies Act, 1862,’” 30 & 31 Vict., c. 131, 1867, under Section 23 of which power is given the Board of Trade to grant licences to literary and similar associations, providing for registration with limited liability, and conferring all the privileges attaching to limited companies. In connexion with this Act, and those of 1862 and 1877, the Board of Trade have issued a series of circulars and forms, which include draft rules, articles of association, etc. Under these licences a considerable number of British literary institutions have been established and organized.

7. British Colonial Library Legislation

7. British Colonial Library Legislation has proceeded very much on the lines adopted in the mother country, and in every case the permissive character of the Acts has been preserved, and, in most cases, the rate limitation. On the other hand, some effort has been made to keep in touch with schools and universities.

In South Africa a Government proclamation established the South African Public Library at Cape Town in 1818. This was further regulated by an ordinance passed in 1836, which gave the library the right to receive a free copy of every publication issued in Cape Colony. Other libraries in the large towns now receive grants from the Government, and a large number of smaller libraries also receive grants equal to the annual average amount raised by subscriptions and donations during the three preceding years; but in no case shall the amount of the Parliamentary grant exceed £150 for any one library in one year. No grants are made if less than £25 is raised by subscription. In return for the grant, reading-rooms and reference libraries are to be open free to the public, and an annual report has to be presented to the Government. In Natal the same arrangement is made, though on a much smaller scale. In both colonies books are only lent for home reading to subscribers. In 1874 an Act was passed by the Legislature of Natal for regulating literary and other societies not legally incorporated.

In Canada, under a General Libraries Act of 1854, County Councils were authorized to establish four classes of libraries: (1) Ordinary common school libraries in each school-house for the use of children and ratepayers; (2) a general public library available to all ratepayers in the municipality; (3) professional libraries of books on teaching, etc., for teachers only; and (4) a library in any public institution under the control of a municipality. Arrangements were made whereby the Education Office sold books at low rates to the school libraries; and afterwards the Education Department of the Legislature gave annual grants, equal to the amounts contributed by members for book purchase, to mechanics’ institutes, etc., and subsequently increased such grants for books to $400 (£80) annually. The province of Ontario, in 1882, passed “An Act to provide for the Establishment of Free Libraries,” on lines very similar to the English Acts. Power is given any city, town or incorporated village to provide libraries, newsrooms, museums and branches, on the petition and with the consent of the qualified electors. The management is vested in a board chosen from the Town Council, citizens other than councillors, and the Public School Boards. The library rate is limited to an “annual rate not exceeding one half of a mill in the dollar upon the assessed value of all rateable, real and personal property.” This form of limitation is borrowed from the practice of the United States. About ninety places have adopted this Free Libraries Act in Ontario. In 1895 an Act was passed in Ontario to enable mechanics’ institutes to change their names and transfer their property to municipalities on condition that the libraries were made free to the public.

The Australian colonies have all passed separate laws, somewhat similar to those in force in other parts of the Empire, in regard to their adoption being left to local option, and rates being more or less limited. In 1870 Victoria passed an Act establishing the Library, Museum and National Art Gallery at Melbourne, and in 1885 “The Free Libraries Act” was passed. But, in 1890, these Acts were repealed by “An Act to consolidate the Laws relating to Libraries.” The Melbourne Public Library, which was established in 1853, is now wholly supported by Government, and it lends books to any municipality in the colony. In addition, the Government make grants from public funds to most of the mechanics’ institutions, athenæums and other literary societies in Victoria.

South Australia has quite a body of library laws, dating from 1863, when the South Australian Institution was incorporated, but most of them have been repealed or incorporated in the two principal Acts regulating institutes and free libraries. By the various Acts passed in connexion with institutes or literary societies, grants in aid are made by Parliament on lines similar to those in force in the other colonies, while rules and regulations are made and power given to transfer such institutes to the municipalities. Public libraries are regulated by “An Act to establish Free Libraries in Corporate Towns and District Councils,” 1898, subsequently amended by an Act of 1902. This Act gives local authorities power, on the request and with the consent of the ratepayers, to adopt the Act, subject to the rate not exceeding 3d. in the £. Municipal libraries are also entitled to receive the same grants as are made to institutes.

In New South Wales public libraries may be established under the “Municipalities Act,” 1867. The Government makes grants for the purchase of books on a scale according to population, and other funds must be provided by the subscriptions of members. Schools of art are entitled to receive a Government grant in proportion to the amount of monetary support accorded by the public. In addition, the Sydney Public Library (established in 1869) is entirely supported by the Government, and it sends out carefully selected boxes of books to 128 institutes throughout New South Wales, the entire cost being defrayed by Parliament.

In Western Australia grants are made to institutes as in the other colonies, but there is no general Library Act in existence yet. In 1887 the Government established a Public Library at Perth, and contributes £3000 per annum for its maintenance. The only legislative enactment concerning libraries in Western Australia is an Act for establishing a Law and Parliamentary Library for the Legislature, which was passed in 1873 and amended in 1889.