Canterbury Public Library Act 1948

Canterbury Public Library Act 1948

Local Act1948 No 9
Date of assent30 September 1948

An Act to transfer the Canterbury Public Library from the Canterbury University College to the Corporation of the City of Christchurch.

  • Preamble

    WHEREAS the Canterbury Public Library is controlled by the Canterbury University College, and the assets of the library are vested in the College: And whereas it is now anticipated that considerable expenditure will be involved in the proper development of the Library, and it has been agreed by and between the Canterbury University College Council and the Christchurch City Council that it is desirable that the Library as a whole be transferred to the Corporation of the City of Christchurch:

BE IT THEREFORE ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:—

1 Short Title
  • (1) This Act may be cited as the Canterbury Public Library Act 1948.

    (2) This Act shall come into force on the first day of October, nineteen hundred and forty-eight.

2 Vesting of library-site
  • (1) On the first day of October, nineteen hundred and forty-eight, the vesting in the Canterbury University College of all that parcel of land containing two roods, or thereabouts, situated in the City of Christchurch, being Town Sections 405 and 406, and being all the land comprised and described in certificate of title, Volume 364, folio 261, Canterbury Registry, shall be deemed to be cancelled, and the said land shall, as on and from that day, be deemed to be vested in the Corporation of the City of Christchurch.

    (2) The District Land Registrar for the Land Registration District of Canterbury is hereby empowered and directed to make such entries in the registers and generally to do all such things as may be necessary to give full effect to the provisions of this section, and to transfer the title to the said land into the name of the Mayor, Councillors, and Citizens of the City of Christchurch.

3 Transfer of other assets
  • All other assets of the Canterbury Public Library as shown in the balance-sheet of the Public Library appearing in the accounts of the Canterbury University College as at the thirtieth day of September, nineteen hundred and forty-eight, shall, by virtue of this Act, vest on the first day of October, nineteen hundred and forty-eight, in the Corporation of the City of Christchurch.

4 Trusts and purposes affecting Library
  • All the land and other assets referred to in sections two and three hereof shall be held by the Corporation of the City of Christchurch upon the trusts and for the specific purposes contemplated in respect of a library by the Canterbury Museum and Library Ordinance 1870, and by a certain deed dated the fifteenth day of December, 1873, whereby the said land and then-existing assets of the Library were conveyed by the trustees of the Christchurch Library Institute to the Superintendent of Canterbury, and subject to any special trusts affecting any of such assets.

5 Transfer of obligations, etc
  • (1) All obligations, engagements, and liabilities of the Canterbury University College in respect of the Public Library shall, by virtue of this Act, be obligations, engagements, and liabilities of the Corporation of the City of Christchurch:

    Provided that nothing in this Act shall be so construed as to affect in any way the rights of any creditor.

    (2) The Corporation of the City of Christchurch shall indemnify the Canterbury University College against all its liabilities in respect of the Public Library.

6 Transfer of functions and powers and authority to City Council to make by-laws
  • All the functions, powers, and authorities prior to the coming into force of this Act vested in the Canterbury University College or which might lawfully be exercised by the Canterbury University College Council in relation to the Canterbury Public Library shall, by virtue of this Act, be vested in the Corporation of the City of Christchurch and may be lawfully exercised by the Christchurch City Council.

7 Contribution by Canterbury University College Council
  • The Canterbury University College Council shall annually pay to the Christchurch City Council for the purposes of the Public Library one-fifth of the net income available from its Museum, Library, and School of Technical Science Endowment.

8 Payments from Gammack Trust
  • The trustees for the time being of the will of James Gammack, late of Springston, farmer, deceased, shall from time to time pay to the Christchurch City Council, to be applied for the benefit of the circulating department of the Public Library, all moneys which would be payable to the Canterbury University College Council for such purposes if this Act had not been passed, and the receipt of the Treasurer of the Christ-church City Council shall be a complete discharge to the trustees for all moneys so paid.