shall direct the clerk of the peace for the district or county to grant to each member of such company a certificate that he is enrolled on the same, which certificate shall exempt the individual named therein, during the period of his enrolment, and his continuance in actual duty as such fireman, from serving as a juryman or a constable, and from all municipal offices. R. S. O. 1877, c. 178, s. 2.

fire

duct on the

Such company

3. The corporate authorities or board of police in any city Such exemption may be or town, or where there are no such authorities or board, the taken away in Justices of the Peace for the district or county, or the majority case of miscon of them, at any General or adjourned Sessions, upon complaint part of any to them made of neglect of duty, by any member of such member of any shall examine into the same; and for any company, such cause, and also, in case any member of such company is convicted of a breach of any of the rules legally made for the regulation of the same, may strike off the name of any such member from the list of the company, and thenceforward the certificate granted to such member, as aforesaid, shall have no effect in exempting him from any duty or service in the next preceding section of this Act mentioned. R. S. O. 1877, c. 178, s. 3.

seven years

ain offices.

4. When any member of any company of firemen, regu- Firemen havlarly enrolled in any city, town or place in which the forma-served tion of companies of firemen is by law authorized and regu- exempted from lated, has regularly and faithfully served for the space and serving in certerm of seven consecutive years in the same, the said member shall be entitled to receive, upon producing due proof of his having served seven consecutive years as aforesaid, a certificate from the clerk of the peace of the district or county in which he resides, or from the clerk of the corporate body or board of police under whose authority the said company has been established, that he has been regularly enrolled and served as a member of the said fire company for the space of seven years; and such certificate shall exempt the individual named therein from serving as a constable, and from all municipal offices, but this shall not exempt such fireman from serving as a juryman. R. S. O. 1877, c. 178, s. 4.

seven years

that effect.

5. The municipal council of a city wherein the formation Firemen havof companies of firemen is by law authorized and regulated, ing served may, by by-law, enact, that when a member of a company entitled to a of firemen regularly enrolled in such city has regularly and certificate to faithfully served in such company for the space and term of seven years consecutively, such member, upon producing due proof of his having so served, shall receive a certificate from the clerk of the council of the city or the clerk of the corporate body under whose authority the company was established, that he has been regularly enrolled and served as a member of the said fire company for the space of seven years. R. S. O. 1877, c. 178, s. 5.

Such certifi

cate shall exempt from

6. The certificate shall exempt the individual named therein from the payment of any personal statute labour tax therestatute labour after, and from serving as a juror on the trial of any cause in any Court of Law within this Province. R. S. O. 1877, c. 178, s. 6.

tax and from serving as

jurors.

[See also, as to exemption of Firemen from Jury services, Rev. Stat. c. 52, s. 6 (31); and as to exemption from municipal offices, Rev. Stat. c. 184, s. 78.]

CHAPTER 189.

An Act to provide for the establishment of Free
Libraries.

Short title,

Establishment of free libraries.

H

ER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

1. This Act may be cited as "The Free Libraries Act." 45 V. c. 22, s. 1.

2. (1) A free library may be established in any city, town or incorporated village, in manner hereinafter provided.

(2) Where a free library is so established, there may, without any proceedings for the purpose under this Act, be connected with the library, a free news-room, or museum, or both; and there may be established a branch library, or branch libraries, and a branch news-room, or branch news-rooms, in the municipality.

(3) In case a petition is presented to the council of a city, town, or incorporated village, signed by not less than one hundred electors in the case of a city, or not less than sixty in the case of a town, or not less than thirty in the case of an incorporated village, praying for the establishment of a free

library under this Act, the council may pass a by-law giving effect to the petition, with the assent of the electors qualified to vote at municipal elections given before the final passing of the by-law as provided by the municipal law. 45 V. c. 22, s. 2 (2, 3).

(4) A by-law under this Act, which has been so assented to by the electors, may be passed at the first or any meeting of the municipal council thereafter, without waiting for the expiration of fourteen days or any other time, unless a petition for a scrutiny has been presented in the meantime as provided by section 328 of The Municipal Act.

(5) After a by-law has been assented to, it shall be the duty of the council for the time being to pass the same without unnecessary delay, whether such council is, or is not, the same council which submitted the by-law to the electors. c. 19, ss. 3, 4.

(6) In case the vote of the electors is adverse to the by-law, no new by-law for the same purpose shall afterwards be passed by the council, to be submitted to the electors within the same municipal year. 45 V. c. 22, s. 2 (4).

Rev. Stat. c.

184.

3.—(1) In case of the establishment of a free library under Appointment this Act, the general management, regulation, and control of the of Board of Management. library, and of the news-room and museum (if any) shall be vested in and exercised by a board to be called the board of management; which board shall be a body politic and corporate, and shall be composed of the mayor of the city or town, or the reeve of the village, and three other persons to be appointed by the council, three by the public school board, or the board of education, of the municipality, and two by the trustees of the separate school, if any.

(2) No person who is a member of the body entitled to appoint shall be qualified to be a member of the board of management.

(3) Of the representatives appointed by the council, and the public school board, or board of education and separate school trustees, respectively, one shall retire annually, but may be re-appointed.

(4) Of the three members first appointed by the council, and public school board, or board of education respectively, one shall hold office until the 1st day of February after his appointment, one until the 1st day of February in the following year, and one until the same day in the year next thereafter; and of the two members first appointed by the separate school trustees, one shall hold office until the 1st day of February after his appointment, and one until the 1st day of February of the following year; but every member of the board of management shall continue in office after the time named until his successor is appointed.

Duties of board.

(5) In case of a vacancy by the death or resignation of a member, or from any cause other than the expiration of the time for which he was appointed, the member appointed in his place shall hold office for the remainder of his term.

(6) Subject to these provisions, each of the members appointed by the council, or public school board, or board of education shall hold office for three years from the 1st day of February in the year in which he is appointed; and each of the members appointed by separate school trustees, for two years from the 1st day of February in the year in which he is appointed.

(7) The first appointment of members of the board shall be made at the first meeting of the appointing council or board, after the final passing of the by-law. The annual appointments thereafter shall be made at the first meeting of the appointing council or board, after the 1st day of January in every year; and any vacancy arising from any cause, other than the expiration of the time for which the member was appointed, shall be filled at the first meeting thereafter of the appointing council or board. But if for any reason appointments are not made at the said dates, the same shall be made as soon as may be thereafter.

(8) The board of management shall elect one of their number as chairman, who shall hold office for one year; he shall preside at meetings of the board when present: in his absence a chairman may be chosen pro tempore. The chairman shall have the same right of voting as the other members of the board, and no other.

(9) The board shall meet at least once every month, and at such other times as they may think fit.

(10) The chairman or any two members may summon a special meeting of the board by giving at least two days notice in writing to each member, specifying the purpose for which the meeting is called.

(11) No business shall be transacted at any general or special meeting unless four members are present.

(12) All orders and proceedings of the board shall be entered in books to be kept by them for that purpose, and shall be signed by the chairman for the time being.

(13) The orders and proceedings so entered and purporting to be so signed, shall be deemed to be original orders and proceedings, and such books may be produced and read as evidence of the orders and proceedings upon any judicial proceeding whatsoever. 45 V. c. 22, s. 3.

4. Subject to the restrictions and provisions hereinafter contained, the board are, from time to time, to procure, erect, or rent the necessary buildings for the purposes of the library or of the library, news-room and museum (as the case may

be):

to purchase books, newspapers, reviews, magazines, maps and specimens of art and science, for the use of the library, newsroom and museum, and to do all things necessary for keeping the same in a proper state of preservation and repair; and to purchase and provide the necessary fuel, lighting, and other similar matters; and are to appoint and dismiss, as they see occasion, the salaried officers and servants employed. 45 V. c. 22, s. 4.

5.-(1) The board may make by-laws or rules for the safety Board may * and use of the library, news-room, and museum, and for the ad- make by-laws respecting use mission of the public thereto; and for regulating all other matters of library. and things whatsoever connected with the management of the library and of the news-room and museum (if any), and with the management of all property of every kind under their control for the purposes of this Act; and the board may impose penalties for breaches of the by-laws or rules, not exceeding $10 for any offence; and may from time to time repeal, alter, vary, or re-enact any such by-laws or rules.

(2) After such by-laws or rules have been published weekly for at least two weeks in a newspaper published in the municipality, or in a newspaper circulated therein if no newspaper is published therein, the by-laws and rules so published shall be binding on all parties concerned; but any Judge or magistrate, before whom a penalty imposed thereby is sought to be recovered, may order a part only of such penalty to be paid, if he thinks fit.

(3) Nothing herein contained shall preclude the recovery of the value of articles or things damaged, or the amount of damage sustained, from parties liable for the same. c. 22, s. 5.

45 V.

6-(1) The board of management shall, in the month of Board to make March in every year, make up or cause to be made up, an esti- early mate of the sums required to pay, during the ensuing financial

year:

1. The interest of any money borrowed as hereinafter
mentioned;

2. The amount of the sinking fund; and

3. The expense of maintaining and managing the libra-
ries, news-rooms or museums under their control,
and of making the purchases required therefor.

(2) The board shall report their estimate to the council not later than the 1st day of April in each year. 45 V. c. 22, s. 6.

estimates.

7. The board of management shall keep distinct and regu- Board to keep lar accounts of their receipts, payments, credits and liabilities, regular

and the accounts shall be audited by the auditors of the muni

accounts.