WILLIAM HENRY BOULTON’S 1852 PUBLIC LIBRARIES BILL: CANADIAN PRE-CONFEDERATION LIBRARY LEGISLATION

My article on proposed public library legislation for the Province of Canada (now Ontario and Quebec) in 1852. The bill was essentially identical to the public library act passed by the American state of Massachusetts in the previous year, 1851.  It was not read a third time and died at the end of the parliamentary session. Originally published in Ex Libris Association Newsletter 42 (Fall 2007): 15-18.

The bill was introduced by William Henry Boulton, the Conservative member for Toronto in the Legislative Assembly of the Province of Canada. Boulton had also served as Mayor of Toronto from 1845-1846.

The Bill, numbered 75 for the session of the 4th Parliament of the United Canadas, was premature free public library legislation. At the time of its first reading only a handful of municipal corporations had been formed in Upper Canada (Canada West). Lower Canada (Canada East) had no general municipal legislation. Further, in the previous year an act had been passed by the Canadian Parliament to permit the formation of library associations and mechanics' institutes. As well, Egerton Ryerson was establishing public libraries in rural townships and small communities across Upper Canada, mostly in school houses.

The text of Bill 75, virtually a copy of an American state law, is included.

BILL [75] -- 1st Session, 4th Parliament of the Province of Canada, 16 Victoria, 1852

An Act to authorize Cities and Towns to establish and maintain Public Libraries.

Be it enacted, &c.,

That any City or Town in this Province is hereby authorized and empowered to establish and maintain a Public Library within the same, with or without branches, for the use of the inhabitants thereof, and to provide suitable rooms there or, under such regulations for the government of such Library as may from time to time be prescribed by a Board of five persons, to be named annually by the Municipal Authorities of such City or Town.

II. Any City or Town may appropriate for the foundation and commencement of such Library as aforesaid, a sum not exceeding five shillings for each of its householders in the year next preceding that in which such appropriation shall be made, and may also appropriate annually, for the maintenance and increase of such Library, a sum not exceeding one shilling and three pence for each of its householders in the year next preceding that in which such appropriation shall be made.

III. Any City or Town may receive, in its corporate capacity, and hold and manage any devise, bequest or donation for the establishment, increase or maintenance of a Public Library within the same.