Page:The library a magazine of bibliography and library literature, Volume 6.djvu/263

 Legal Notes and Queries. 251 Answer. I reply to these questions with some doubt, as the resolutions of the Board have given rise to a very complicated state of affairs. In my opinion the resolution of 22nd June was inoperative until the whole number of the Committee had been appointed by the Board, and that until this is done the Local Board is the Library Authority and at liberty to rescind that resolution. If the resolution had been completed by the appointment of the members I should have no hesitation in saying that it could not be rescinded as the Board would (without reservation) have delegated all its powers to the Committee (Public Libraries Act, 1892, sect. 15 [3]). The resolution appointing the members should, however, state the period for which they are appointed. If this is not done then I think the Com- mittee would only continue in office until the date of the Annual Meeting of the Board when Committees are usually appointed, but this would not be the case if vacancies are filled up as they occur. Under the circum- stances (and if I am right) the resolution of 6th July purporting to rescind the previous resolution need not be considered, but it seems to me to be open to objections : (i) That the fortnight's notice of intention to move it was not given, and (2) it does not rescind the resolution ap- pointing the members of the Board on the Free Library Committee. The Treasurer or Secretary of a Public Library would only have the right to vote if he were also a member of the Committee. The practice varies ; in most cases these officers are paid officials. Question. (a) Is it possible for the Library Commissioners to recover in Court of Law from the surety who signs the enclosed voucher, the value of any book lost or not returned, and fines incurred by the borrower ? (fr) Or, is it essential for the voucher to be stamped ? Answer. I am of opinion : (a) Yes. (b] Yes. I express the latter opinion with some doubt, as I can find no case on all fours. There is no question that the undertaking by the guarantor is an agreement, and to entitle you to use it in an action in the County Court without being stamped, the onus would lie on you of showing that it came within one or other of the " exemptions," and I regret to say that I cannot find any exemption which would cover such a document as this. If the liability upon the agreement was limited to a sum under $ you could claim exemption. I presume you have observed the note (c ) on page 20 of Public Library Legislation, where proceedings were taken against the borrower. Whether his undertaking requires to be stamped or not I am not prepared to say, but the whole SMbject is one of difficulty and importance, and if the amending Bill (which has been drafted, and is, I believe, in the hands of Sir John Lubbock) becomes law, I think your difficulties will be removed by the power to make bye-laws.