Library and Art Gallery Act 1899 (NSW)

A c t N o . 54, 1899.

An A c t t o i n c o r p o r a t e t h e t r u s t e e s of t h e P u b l i c

L i b r a r y a n d N a t i o n a l A r t G a l l e r y r e s p e c ­

t i v e l y ; t o p r o v i d e for t h e e n d o w m e n t a n d

m a n a g e m e n t of t h o s e i n s t i t u t i o n s ; t o e x e m p t

from s t a m p d u t y d o n a t i o n s a n d b e q u e s t s t o

t h o s e i n s t i t u t i o n s ; a n d for p u r p o s e s in ­

c i d e n t a l to or c o n s e q u e n t on t h e a b o v e -

m e n t i o n e d ob jec t s . [29th December, 1899.]

Assembly of N e w South Wales in Pa r l i amen t assembled, and by the BE i t enacted by the Queen ' s Mos t Exce l l en t Majesty, by and w i t h t h e advice and consent of t h e Legislat ive Counci l a n d Legis la t ive

a u t h o r i t y of t h e same, as follows :—

P A R T I .

T H E P U B L I C L I B R A R Y .

1.    The control and m a n a g e m e n t of the l ibrary, and the powers

conferred by th is Act on t h e t rus tees , are hereby vested in fifteen

t rus tees , consis t ing of the Chancel lor or ac t ing Chancel lor for t h e t ime be ing of the Univers i ty of Sydney, th ree Professors of t he said Univers i ty , who shall be appointed by the Governor u p o n t h e r ecommenda t ion of the Senate of t h e said Univers i ty , and eleven other persons appointed by the Governor. B u t so long as t h e n u m b e r of t rus tees exceeds seven, the powers conferred by this Ac t m a y be

exercised by t h e t rus tees for t he t ime be ing hold ing office.

2 . No twi th s t and ing the provisions of t he last preceding section

t he present t rus tees of t he l ibrary, consist ing of the Honorab le J a m e s

Nor ton , t h e Honorab l e E d w a r d Greville, E d m u n d Bar ton , Esqu i re ,

H i s H o n o r A lexande r Oliver, Pres ident of t he Land Appea l Court ,

t he Honorab l e J o h n F i tzgera ld B u r n s , M u n g o Wi l l i am MacCa l lum,

Esqu i re , Professor of Modern L i t e r a tu re in t he said Univers i ty , the

Honorab le	Ph i l ip	Gidley	K i n g ,	t h e	Honorab le	H e n r y	N o r m a n d
M a c L a u r i n ,	Chancel lor	of	the	said	Univers i ty ,	T a n n e t t	Wi l l i am

E d g e w o r t h David, Esqu i re , Professor of Geology in t he said Univers i ty ,

Thomas But le r , Esqui re , Professor of La t in in t he said Univers i ty ,

t he Honorab le J o h n H u g h e s , t h e Honorab le Alexander Ke the l ,

L a c h l a n J o h n Br ient , Esqu i re , and Wi l l i am Wood, Esqu i r e , toge ther w i t h one o ther person to be appoin ted by the Governor, shall be t h e

first t rus tees . 3 .

3 .    The present president , t he said J a m e s Nor ton , shall con t inue

to he pres ident of t he t rus tees , and any vacancy in t he office of pres ident m a y be filled by the election of one of the i r n u m b e r by t h e t rustees .

4 . W h e n e v e r a t rus tee , not being the Chancel lor or ac t ing

Chancel lor of t he said Univers i ty , has been absen t from the duly convened meet ings of t he t rus tees for six m o n t h s wi thout the per­ mission of the t rus tees , his office shall t he reby become vacant .

5 . A n y vacancy in the office of t rus tee shall be filled up as

soon as convenient ly may be after the occurrence thereof.

6. Three t rus tees present at any duly convened mee t ing shal l

cons t i tu te a quorum, and a n y t h i n g done by t h e m at such mee t ing shall

be valid and effectual for all purposes .

7 . A certificate unde r the hand of the pr incipal l ibrar ian of the

l ibrary t h a t t h e persons n a m e d therein are, at t h e date thereof, the t rus tees of t h e l ibrary, shall be sufficient evidence of such fact in all cour t s and for all purposes.

8 . The trustees are hereby const i tu ted a body corporate by the

n a m e of " The Trustees of t he Pub l ic L ib ra ry of New South W a l e s , " and by t h a t n a m e shall have pe rpe tua l succession and a common seed, sue and be sued in all courts , and m a y acqui re , t ake , purchase , and hold to t h e m and the i r successors, and m a y sell, exchange , g ran t , or demise any real or personal p roper ty vested in t he said body corporate : Provided tha t , except where otherwise provided in this Ac t with respect to donations, no land shall be so sold, exchanged, granted , or demised b u t wi th t he approval of the Governor.

9 . A l l officers and servants of t he l ibrary hereafter to be

appointed shall be appoin ted u p o n t h e nomina t ion of t he trustees, and all officers and servants , w h e t h e r appoin ted before or after t h e passing of this Act , shal l be deemed to be officers and servants unde r t h e Pub l i c Service A c t of 1895.

1 0 . Subjec t to this A c t and to the by-laws the t rustees shall

have t he control and m a n a g e m e n t of all p roper ty vested in t he said

body corporate.

1 1 . The land described in the Schedule here to is hereby vested

in the said body corporate , bu t subject to the provisions of th i s A c t ; and the t e r m of four years g ran ted to Her Majes ty by i n d e n t u r e of lease dated t he t e n t h day of Februa ry , one thousand e ight hundred and n ine ty-n ine , by t h e Munic ipa l Council of Sydney, toge ther with all provisions, obligations, powers, liabilities, and benefits incident there to is he reby vested in t he said body corporate.

1 2 . Al l books, manuscr ip t s , pamphle t s , newspapers , p ic tures ,

engravings , works of ar t , a n d other chat tels	and proper ty	now
conta ined	in	the bui ldings known and used as the Pub l i c L ibra ry a n d

the L e n d i n g Branch thereof respectively, or in the possession or	unde r
the

t h e control of the t rus tees of t he Pub l i c L ib ra ry of N e w South Wales , as heretofore const i tu ted , a re hereby vested in the said body corporate , b u t subject to th is Ac t and to t h e by- laws.

1 3 . The t rus tees present a t any duly convened m e e t i n g m a y

m a k e by-laws for t he general m a n a g e m e n t and control of t h e l ib rary ;

and a m o n g other ma t t e r s for—

(a) t he conduct of thei r own proceedings ;

(b)	t he m a n a g e m e n t of the various branches or depar tmen t s of t h e l ibrary, and the control of the officers and servants
connected t h e r e w i t h ;
(c)	t he custody of and m a n n e r of affixing the common s e a l ;
(d)	the admission or exclusion of the public or any person to or from t h e l ibrary or a n y par t thereof ;
(e)	the conditions subject to which the use or reading or loan in
coun t ry districts of books or manuscr ip t s , or m a k i n g copies

or ex t rac ts therefrom m a y be allowed ;

(f) the use of t he books and exhibi ts for educat ional and o the r beneficial purposes.

Such by-laws, when approved by the Governor, shall be publ ished in t he Gazette , and when so publ ished shall have the full force of law.

1 4 . The t rus tees shall, on or before t h e thir ty-first day of M a r c h

in every year, repor t to t h e Min is te r charged wi th the adminis t ra t ion of th i s Act thei r proceedings du r ing the preceding year, and such report shall contain an account of the income and expend i tu re of t he t rus tees , and, toge ther wi th al l by-laws so approved as aforesaid, shal l be laid by h im before Pa r l i amen t wi th in t h i r t y days after the m a k i n g

of such repor t if P a r l i a m e n t is t hen s i t t ing, or if not , t h e n wi th in th i r ty

days after t he first s i t t ing of P a r l i a m e n t held after such mak ing .

1 5 . For the purposes of provid ing a s ta tu tory fund for the

purchase of books, periodicals, publ icat ions , and o ther requ i rements

indispensable to a na t ional l ibrary, b u t exclusive of the p a y m e n t of

r en t and salaries, the Governor is hereby empowered and requi red by war ran t unde r his h a n d addressed to the Colonial Treasurer to direct t he paymen t out of t he Consolidated Revenue F u n d by equal qua r t e r ly

paymen t s on t h e first day of the respective m o n t h s of J a n u a r y , Apr i l , Ju ly , and October in every year of t he a n n u a l endowment of two thousand pounds , and any such war ran t shall be a sufficient au thor i ty to t he said Treasurer to pay t h e s u m there in s tated to t he credit of t h e

t rus tees a t t h e b a n k named there in .

1 6 . A n d whereas David Scott Mi tchel l , Esqu i r e , has expressed

his in ten t ion	of	b e q u e a t h i n g	to the l ibrary an	unr iva l led	collection of
Aus t r a l i an	and	other	books, manuscr ip t s , pa in t ings ,	and	engrav ings ,

m a d e by himself d u r i n g the course of m a n y years , and which he is

cont inual ly a u g m e n t i n g a t grea t expense : A n d whereas he has a l ready

handed

h a n d e d over to the t rus tees abou t t en thousand volumes of books and m a n y pictures and engrav ings , and it is hoped t h a t other liberal donat ions of t he same charac ter may be made by o the r persons, t he t rus tees are hereby authorised to m a k e any a r r angemen t s and to agree to any conditions which they may t h i n k advisable with t h e said David Scott Mitchel l and other persons or his or the i r executors or o ther repre­ sentat ives for t h e custody and m a n a g e m e n t of such books, manuscr ip t s , pa in t ings , and engravings , or any par t thereof, ei ther in conjunct ion wi th the o ther proper ty of the trustees, or separately theref rom, and to m a k e special by-laws for the examina t ion and perusa l of such books and manuscr ip t s . Such by-laws when approved by the Governor shall be publ ished in the Gazet te , and when so publ ished shall have the full force of law.

1 7 . The t rus tees may invest and deal wi th any moneys and

other funds acquired by t h e m from pr iva te donors, and sell, let, or otherwise deal wi th any houses and lands acquired by t h e m in a similar manne r , in such way as may be directed by the donors respectively, and in the absence of any such direction, then in such m a n n e r as may, from t ime to t ime, be approved by the Governor.

P A R T I I .

T H E N A T I O N A L A R T G A L L E R Y .

1 8 . The control and m a n a g e m e n t of the gallery, and of all

books, manuscr ip t s , pa in t ings , engravings , maps , works of ar t , and other th ings there in , and the powers conferred by this Act on t he t rus tees , a re hereby vested in th i r teen t rus tees ; bu t so long as t he

n u m b e r of t rus tees exceeds seven, the powers conferred by th is A c t

m a y be exercised by the t rus tees for t he t ime be ing hold ing office.

The following persons are hereby appointed the t rus tees , n a m e l y :

Eccleston Du F a u r , Esqu i r e , Sir J a m e s Read ing Fai r fax , Josiah

Mul l ens , Esqu i r e , the Honorab le B e r n h a r d Ringrose "Wise, J u l i a n

Rossi Ashton , Esqui re , t he Honorab le Sir Joseph Pa lmer Abbo t t , K n i g h t Commander of the Most Dis t inguished Order of Saint Michael a n d Saint George, Sir Ju l ian Salomons, t he Honorab l e Joseph H e c t o r

Car ru thers , J o h n Sa lman , Esqu i re , H e n r y Gorman , Esqui re , the

Honorab l e Franc is B a t h u r s t Sut tor , and two other persons to be appoin ted by the Governor on t h e nomina t ion of the Art Society of New South Wales as soon as t he names of the two persons so nomina ted shall have been received by t h e Governor, and the said Eccleston D u F a u r is hereby appointed president, and the said Sir J a m e s Read ing Fa i r fax and Josiah Mul lens are hereby appointed vice-presidents of

t h e t rus tees . 1 9 .

1 9 .    A n y vacancy in the office of t rus tee shall he filled u p as soon

as convenien t ly may he after t he occurrence thereof by the appoint­
m e n t of some fit person by t h e Governor.

A n y vacancy in t he office of pres ident or vice-president m a y be filled by the election of one of thei r n u m b e r by the t rus tees .

2 0 .    W h e n e v e r a t rus tee has been absent from the duly convened

mee t ings of the t rus tees for six m o n t h s w i thou t t h e permission of t he

t rus tees , his office shall thereby become vacant .

2 1 . F o u r t rus tees present at any duly convened m e e t i n g

shall cons t i tu te a quorum, and a n y t h i n g done by t h e m at such mee t ing

shall be valid and effectual for all purposes.

2 2 .    A certificate unde r the h a n d of t he secretary of t h e t rus tees

or director of t he gallery t h a t the persons named there in are , a t the date thereof, the t rus tees of t he gallery, shall be sufficient evidence of such fact in all courts and for all purposes.

2 3 . The t rus tees are hereby const i tu ted a body corporate by t h e

n a m e of " The Trustees of t he Nat iona l A r t Gallery of N e w South W a l e s , " and by t h a t name shal l have pe rpe tua l succession and a c o m m o n seal, sue and be sued in all courts , and may acquire , t ake , purchase , and hold to t h e m and the i r successors, a n d m a y sell, exchange , g ran t , or demise any real or personal proper ty vested in t he said body corporate : Provided tha t , except where otherwise provided in th i s Ac t w i t h respect to donations, no land shall be so sold, exchanged, granted , or demised b u t wi th the approva l of t he Governor.

2 4 . All officers and servants of t he gallery hereafter to be

appointed shall be appointed upon the nomina t ion of t h e t rustees , and all officers and servants whe ther appoin ted before or after t he passing of th is Ac t shall be deemed to be officers and servants unde r t h e Pub l i c Service Ac t of 1895.

2 5 . Subjec t to this Act and to t he by-laws the t rustees shall

have t h e control and m a n a g e m e n t of all p roper ty vested in t h e said

body corporate.

2 6 . Al l p ic tures engrav ings , s t a tua ry , works of ar t , books,

pamphle t s , and o ther chat te ls and proper ty now contained in	t he
bui ld ings k n o w n and used as the Nat iona l A r t	Gallery, or in the posses­

sion or under the centred of the Trustees of the Na t iona l A r t Gal lery of New Sou th Wales as heretofore const i tu ted, arc hereby vested in t he said body corporate , b u t subject to this Ac t and to the by- laws.

2 7 . The t rus tees present at any duly convened mee t ing may

m a k e by-laws for the general control and m a n a g e m e n t of t h e ga l l e ry ;

a n d a m o n g other ma t t e r s for—

(a)	t he conduct of the i r own proceed ings ;
(b)	t he m a n a g e m e n t of t h e various branches or depa r tmen t s of the gal lery , and the control of the officers and servants
connected t h e r e w i t h ;

(c)

(c) the custody of arid manner of affixing the common seal ;

(d)	the admission or exclusion of the public or any person to or from the gallery or any par t thereof ;
(e)	the conditions subject to which the loan in country districts of works of art , or m a k i n g copies therefrom, m a y be allowed ;
(f)	the use of works of a r t for educat ional and o ther beneficial purposes .

Such by-laws, when approved by t h e Governor, shall be publ ished in t h e Gazet te , and w h e n so publ ished shall have the	full
force of law.

2 8 . The t rustees shall , on or before t h e thir ty-f i rs t day of M a r c h

in every year, r epor t to t h e Minis ter charged wi th t he adminis t ra t ion

of th i s A c t the i r proceedings d u r i n g the preceding year, a n d such repor t shall contain an account of t he income and expend i tu re of the t rus tees , and shall , toge ther wi th all by- laws m a d e and approved in pur suance of this Act , be laid by such Minis ter before Par l i ament

wi th in t h i r t y days after the m a k i n g of such report if P a r l i a m e n t is

then s i t t ing, or if not , t h e n wi th in t h i r t y days after the first s i t t ing of

P a r l i a m e n t held after such m a k i n g .

2 9 . Tor t h e purpose of providing a s ta tu tory fund for the

pu rchase of works of a r t and o ther r equ i rements indispensable to a na t iona l gallery, b u t exclusive of the p a y m e n t of r en t a n d salaries, t h e Governor is hereby empowered and required by w a r r a n t under his hand addressed to t h e Colonial Treasurer to direct the p a y m e n t out of t h e Consolidated Revenue F u n d by equa l quar te r ly p a y m e n t s on the first day of t he respect ive m o n t h s of J a n u a r y , Apr i l , du ly , and October in every year of t he annua l endowment of two thousand pounds , and any such w a r r a n t shall be a sufficient au thor i ty to the said Treasurer to pay the s u m there in stated to the credit of the t rus tees at t he b a n k

n a m e d	there in .
3 0 . As donat ions of works of ar t , books, or manuscr ip t s may be
made to the t rustees or to the gallery, t he t rus tees are hereby

author ised to m a k e such a r r a n g e m e n t s and to agree to such condi t ions

as they t h i n k advisable for the custody and m a n a g e m e n t of any of such

works of ar t , books, and manuscr ip t s , c i ther in conjunct ion w i t h the o ther property of t h e t rus tees , or separately therefrom, and to m a k e special by-laws for t he examina t ion of such works of a r t s , books, and manusc r ip t s . Such by-laws when approved by the Governor shall be published in t h e Gazet te , and when so publ ished shall have t he full force of law.

3 1 . The trustees m a y invest and deal wi th any moneys and

other funds acquired by t h e m from pr iva te donors, and sell, let, or otherwise deal wi th houses and lands acqui red by t h e m in a s imilar

m a n n e r ,

manner , in such way as m a y he directed by the donors, and in the absence of any such direction, t hen in such m a n n e r as may , from t ime to t ime, be approved by the Governor.

P A R T I I I .

G E N E R A L A N D SUPPLEMENTAL.

3 2 . N o t h i n g contained in P a r t I I I or the Third Schedule of

the S t a m p Dut i e s Act, 1898, or in any Act imposing duties on estates of deceased persons, shall apply to any donat ion or beques t of money, books, manuscr ip t s , pa in t ings , engravings , maps , or works of a r t of any k ind whatsoever made or to be made to t he l ibrary or gal lery, or t he t rus tees of the l ibrary or gal lery.

3 3 . I n this A c t —

" B y - l a w s " means by- laws in force for t he t ime being unde r the

pa r t in which the expression occurs.

" Prescr ibed " means prescribed by the by-laws.

" T h e G a l l e r y " means t he na t iona l a r t gal lery of New South

W a l e s .

" T h e L i b r a r y " means t he publ ic l ibrary of N e w South W a l e s .

" T r u s t e e s " in P a r t I of th is A c t means t rus tees of t he l ibrary,

and in P a r t I I means t rus tees of the gallery.

3 4 . This A c t may be cited as t h e " L ib ra ry and A r t Gal lery

Act , 1899 . "

SCHEDULE.

All that allotment or parcel of land containing by admeasurement twenty and a

land: Commencing at the intersection of Bent-street with Macquarie-street, and bounded	half perches, situated in the city of Sydney, parish of Saint James, county of Cumber­
towards the south by Bent-street one chain fifty-seven links ; towards the west by a line at right angles to Bent-street eighty-three and a half links ; towards the north by a line at right angles to Macquarie-street eighty-three and a half links; and towards the east by Macquarie-street one chain and fifty-seven links to the intersection of that street with Bent-street aforesaid.
And also all that allotment or parcel of land containing by admeasurement seven and a quarter perches, be the same more or less, situated in the city of Sydney, parish of Saint James, county of Cumberland, being allotment number four in section number one hundred and seven: Commencing at the west corner of allotment number five, and bounded on the south-west by Bent-street seventy-five links to a lane on the north-west, by that lane, being a line at right angles with Bent-street, thirty-five links to the south­ west corner of allotment number sis ; on the north by allotment number six, being a line at right angles with Macquarie-street, and extending from the lane ninety-one links to the north-west corner of allotment number five aforesaid ; and on the southeast by
that allotment to the commencing point. And

And also all that piece or parcel of land situate in the city of Sydney, being part of allotment number six of section one hundred and seven, containing by admeasure­ ment eight and one-half perches : Commencing at the north-east corner of allotment number five (granted to the Australian Subscription Library) ; and bounded thence on the east by Macquarie-street, being a line bearing north six degrees twenty-nine minutes east twenty feet six inches to a point in continuation of the centre of the wall dividing number one hundred and sixty-one Macquarie-street from the premises number one hundred and fifty-nine ; thence on the north by that wall and its continuation, being a lino bearing north eighty-three degrees twenty-four minutes west one hundred and ten feet to Macquarie-lane; thence on the west by that lane (walled in) bearing south twenty- three degrees sixteen minutes west twenty-one feet seven inches to the north-west corner of allotment number four of section one hundred and seven aforesaid ; and thence on the south by the north boundary of lots numbers four and five of said section, being a line bearing south eighty-three degrees thirty-three minutes east one hundred and sixteen feet one inch to the commencing point.