Associations Incorporation Act 1858 (SA)

ANNO VlCESIMO SECUNDO

A. D. 1558.

No. 21,

AI Act to provide-for d e hrcorporation o f InsHtutioas orAssociaCion~ &*'f-'*- d*

.formed for the promotion o f Religious, Charitable, E d n c a t i o d, ~ ' 9 Q *

Xcientijic, atzd other us<ful objects. 9'

[h.smtcrl to, 34th Dcccmber, 1858.1 ///&d &a=-a

,&

IIERRQS great inconvenience has ariscn in cases where pro- Prcumble.

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W perty belonging to institutions established for the promotion of religion, education, ancl benevolent and useful objects, has become

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vested in trustees, by the refusal of such trustees to act, and by

the ncwxsity fbr the frequent change of trnstccs; and grcat cspcnsc	-
is often incurred by reason of such changc. and the appointment of
other trustees, and the transfer of such property to such other
trustees; and i t is expedient, for the encouragement of such institn-
tions, to facilitate the incorporation of the same-12c i t therefore
Enacted by the Governor-in-Chief of the Province of South Austrdi:t,

with the advice and consent of the Legislative Council and Ilouscl of .i

Assembly of the said Province, in this presci~t	Parliament nsscn~bltd,
as follows:

1. That it shall be lawful for the trustees or trustfc of any surh s s t i e o of dasiro to in-

institution now or hereafter to bc fbrmed or cstablish~d, or fur any ~ ~ ' E ~ ~ ~ ~ ~

one of such trustees, to give notice, by advertisement, once in the trustcos, and in what manner mcmord to

Govemme~l t Gaactte, and once in evcr newspaper published in iidc- bc filcd in the Bupr~me /W,

laide, in the form or to the effect set -+ orth in Schedulc A to this Act, Con!t. Certificate of

incorpmtion to bo /g

of his dcsirc to incorporate the kstitution of which he is trustee, ,,,,,,d.

and in every such advertisement, a copy of the mcmoriul next here-	-- laa	,	,	/
inaftcr mentioned shall be set forth: ancl on or at any time after the J expiration of three calendar months from the date of the last aclwr- tisernent in such Guzctte and nc~vspap~s, it &a11 be lawfit1 for such

z 2 trustrt!

trustee (unless he shall be restrained as hereinafter incntionccl), to file a mcmorial in the Supreme Court, in the form or to the effect of the memorid prescribed in Schedule B to this Act, and containing the particulars therein required to be set forth, together with an affidavit or declaration by such trustee, verifying the contents of such rnenio- rial; and thereupon the Master of the Supreme Court s l d l; orntlt to the trustee so filing @nd verifying such mcmorial, a certificate of' incorporation, in the form specified in the Schedule markcd C to this Act, which certificate shall, rvithin fourteen days from the date thereof, be deposited in the Registry Office of the said Province; and the same, if so deposited, or any copy thereof, certified by the Registrar or any Deputy-Xegistrar of the said I'rokince, shall be received in evidence, without further proof, in ally Court of law or equity, that such institution has been duly incorporstcd uiiclcr this

Proviso.

Act: Provided always, that it 6hdl bc lawful for any CO-truste~, or any pcrson interested in the institution sought to be incorporated, after notice giwn in the Gazette and newspapers in manner afbrwtiil, and before the expiration of three calendar months fmnl the clate of the last published notice, to apply to the Supreme Court, after a bill filed, for an injunction to restrain the trustee giving such notice fi.o!n all further proceedings; and the said Court shall ha\ c fill1 p o w c ~ and authority to determirk the mattcrs in question, notwithstancling all the parties iiitercsted shall not be parties to the suit.

Memorid of the name

of the pertlou ilutlio- 2. All such incorporated institutiolls as aforesaid shall, as soon its

rizt?d use the seal conveniently may be after such incorporation, file in the Suprcune

of thc institution, to Court a memorial in the fbrm or to the effect set forth in Schedule

..I be filed in the Supreme D to this Act, containing tlith name or names, togother wit11 thc place

.. court.

or places of abode, of the person or persons ar~thoriwd to usc t11o common seal of the corporation, with an impression of such scal, and upon ever change of s;cli person or pcrso~rs, a fiesh rnumorial to the

like c ect as last aforesaid shall bc filed in tllE'XEl C'onrt; and rt-3:

cu<*Le j4-*-3-- shall in all cases cvuntcrsign any dcecl, instrument,

fi =-IL =711ic11 the seal of the cosporation s l d l be fixed, in

JE.	[ * S	order to give validity thereto, and shall also sign the rnenmial
~ l - ~ * &	required by this clause to be filed, together with an affidavit that lit.

- is the person d ~ d y authorised by the institution to use the scal of the

p-=

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,@n corporation; and at the time of filing such memorial, a copy on

&* 3 9 ~4'87; S - I prchmcnt of the rules and regulations of the institution, yl: thc trusts

re la t in~ thereto. shrtll also be filed in the Sunrcme Court: and if such rulcs, regulations, a U 7 A

trusts, s ' t d bc: embodied in n cl&.then

~1~111	bc filed, and a like copy shall from time to
Courf of all aclditional rulcs: rog~dations,

q d t n ~ ~ t s, and of ally alteration therciu which may from time to

tune be made; and all such rules, regulations, cl trusts, and addi-

tions and alterations thereto or therein, shall "% e verified by- t l ~ e

affidavit of the person or persons authorised for the time being to use the common seal of the institution. And in case any ~ ~ 1 ~ 1 1 illcox- porated institution shall neglect to file such memorial as last afore- said,$ such copy of thr rulcs, regolatiorls, & trusts, of-fie

dd . dditlons or slt~r&ons tl~creto or therein from lime to tirnr, tllcn

c. 3 - the

~ ~ o ~ w r s o f the institution sllnll be s~~spencled W o d as

the institution shall so neglect as aforesaid. Nevert e ess, cvery such iilstitutiun shall be liable to be suecl and proceeded against as a corporation; and all dealings and transactions between the insti- tution and any person whomsocver sliall be valid, not>withstancling

swh sus1~cllhion against the institution, and i l l pcrsons claiming

uncler such ilistitutlon; and the production of the niemorial for the time being filcd in the said Court uncler the provisions of this clause, OP i n office ropy tl~ercof. shall be couclnsivc: cvidcnce in any Court of I,nw or Equity, and in all proceeclings and transactions whatsoewr that tllc pcwon nnlned in sndl menlorial was at the

his using thr rwnlnron scnl of the Corporation, duly hutho-

x. For th t: pm' l~w of using the name of tlw institution, adding

thereto the word iacorpol*ated.

11. For tllc purpose of having a n d usii~g :.L ~oinlnon bcal (with

p o ~ w r to hwak, nltcr, and change the same fi-on1 time to

tirnc), bu t 011 n-llich must bc inscribcc1 the name of the

institution.

Y

4. Kothing in this Act contained shall es tc id to restrict thc Li,,Lility of individud

liability of individual melnbers of any incorporated institution under ~ , ~ ~ ~ ~ ~ ~ ~ t

any ji~rlgment, dccreq or order for -m thwxp-cnt -. - - of . - -- money -- - which shall -tr;,

have becn obtained against such insthtioil in ;my action or suit Sltb - &--&

prosecuted by or against such institution in ally Court of law or k p M ' q ~. WO,

eql~ity. 5.S - 66

5. The proprietors or othe, persons having tEw managcnicnt of, Ptruonu interested in

or 11eing intereatcd in, any ina ti tution intelidcrl to bc brought mder ~! l~$~$$~~$$~$; t t l

the opwation of this Act, may do all such acts as may be necessary mcct in~, a1tc.r rules so

for bringing such institution rlnder the operation of this Act; and ns to bring the in~t i-

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for that purpose it sliall be lawful for such prophctoru or other rationof this Act.

pcrsons as afhresaid, to alter, vary, or add to the rules -.-.-l and - - re -. ula-

tions of the institution. so as to enablc the samc to conlnlv with % t c

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1wowsions of this Act. allything in s~~c 'h rules and wgi~la t~ons con-

tained to t h r contrary ndt\\-ithstanrlinh': in all cases in which

any such alteration, variation, or addition shall be necessary, the same may be made with the conscnt of the n~ajo~*ity present at a general incetiiig of the propietors or other pcrsons having the

mairagen~ent of or being interested in such institution.

Pergonal property to

vcst in coqroration G. All personal property helcl by any trustee or trustees oj an

filulg ofmemo- institution, shall, aftcr the filing of such mcruorial as is provided in

rial.	Schedule I) to this Act, vest in thc corpomtion; and all r e d estate vcstccl in any such trustcc or trustces, and described in the lnernorial
Reel estate t o vest	next hereinafter mcntioneci, shall, after the ce~tifirnte of incorpora-

nftcr n~cmoriul filed

tioil shall bc cleposited in the Registry Oiiic~:, and a incmerrisl, in

ill Registry Oflice,

the form prescribed in Schedule E to illis Act, vcrificcl by the s i p - turc of one or more of the trustees to a c1ccl;iration at foot illereof, of

' ) the trilth of its contents, shall have been filed in the 'said Rcgistry

Office, \m1 the corporation without :in conveyancc thereof; and

the filing of such memorial sha e be taken to be, to all intents and	purposes, a rty+stratiori of the conwyancc of' the r e d estate therein
clcsxibed from tlic trustees or trustee of tllc institution to the cor- poration, witllin t l ~ c meaning of thc ,4ct of the 1,cgislnti~e C o u c i l
oi' South A ~ ~ s t ~ a l i n, So. 8, of the fifth ycm of tlle reign of l I e r
Majesty Quce~i Victoria.

Scrvicp of notice and 7. In all cascs 1, Iicrein it inay be ncccswrp for nnp pcrson to serve or to giw m y suniinons, clle~nand, or iloticcs, or any writ or other proceeding at lnw or in equity, or otherwise, upon any institution incomornted under this Act, scrvicc thereof ulml tlic newon or

prq~	C ~ T	on the instLtu-
tlon.

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persons I L ~ M C C ~ ~ I L the bef'orc-mentioned tnrw1o~i:d as the pc.rson or persons authorizrd to use the conlinon s cd of the institution, by l c a ~ i n g tllc same at the usnd place of abotlc of such pcwon or

perrons, s11:dl be cleemed ~ o o d	and sofficicnt scrvicc of tllc setw
ucspectiwlj on the said institution.

Xoticw	&C., h	inbti-	8. I n all cascs wherein it may be necessary for m y institution in- corporatecl uilclcr this Act to scrvc or $VC
t ~ t t l u m,	haw to be

iuiy s~~imnons, demand,

s lg~ed.

or notice of any kind whatsoever, to any person or colpmtion, such

pcrson, or some oilc of the persons (if more than one), authorizecl to ?' summons, dciimnd, or notice inay bc uiven in writing, signed by the

4.

use tlic scal of the institution, or by thc attorney or solicitor for tllc

time being of the institution, without bcing required to be ulidcr

the common seal of tlic institution.

Ilzforewl~omaffidavitu 9. ,411 :~f%davits and declarations r e p i r e d to be made by this Act,

to be made.	inay be made before a Specid Magistrate or a Kotary Fublic of the
Prorince.
Fcee.	10. The fees specified in Schedule F to this Act, shall be payzble in respect of the several matters arid things therein mentioned.

Construction clause. 1 1. 'I'hc! word " institution," when used in this Act, shall includc

c h ~ n ~ h c s, chapels, and all religious bodies; sc:hools, hospitals, and all bcncvoiellt and charitable institutions; mechanics' institutes, and

associations

associations fo rmd for the purpose of jmmoting t u d ericouragilg literature, science, and art; and all other i~lstitntions and associ:ttions formed for promoting the like objects, other than associations formed for the purpose of trading or deriving pecuniary profit to the members from the transactions of the Society, and otller than such associations as are within the provisions of an ,4ct of Council, No. 25 of 1855-6, intitulcd '' An Act to pro~lidc for the registration of Joint Stock Compnnics, and for limiting the liability of memb~rs

thereof." Every word importing the slngulstr number only s l d l estend to the plural number also, and every word importing the

imk gender only sliall equally apply to females.

12, In citing tllis Act in any other Act, or in any instrument, Short title sf Act,

document, or proceeding, it shall be sufficient to refer to it as '"L'he

Associntioils Illcorporation Act, 1858."

SCHEDULES

SC1IEI)ULES REFERRED TO.

1, of , sole trustee or one of the trustees (as the case m a y be),

of (here set out name or style of institution), do hcrchy give notice that I am desirous that such {institution, church, or otherzcise, as the case may reyuire) should bc in- corporatcd under the provisions of the Associations Incorporation Act, 1858.

(Signatdre of Trustee.)

The following is a copy of the memorial intended to be filed in thc Supreme Conrt under thc provisions of the said Act.	( H e r e set out n copy o f rnernorial as in
Xrhedzcle B.)

Mcmorial of (here i m e d the name or style of tlte institution intended to 6e i ~ o r -

porated), filed in pursuance of thc Associations Incorporation Act, 1858.

1. Name of the institution.

2. Object or purpose of the institution.

3. Where situated or established.

4. The name or names of the trustee or trustees.

5. In whom the management of the institution is vested, and by what means- whether by deed of settlement or otherwise.

1, , Maater of the Supreme Court of South Australia, do llercby certify that

(here i m e r t tlhe name o~ style of the i n s t i t d o n ) is registered under the provisions of

the Associations Incorporation Act, 1858, the memorial rcquircd by law having

been duly filed.

Dated the day of , l 8 .

(Signature of the Master.)

Memorial of the name and residence of the person authorized to use the common seal of (Aerc insert the nnme or style of the iqzstitutiorg incorporated under the gro- visions of the Associations Incorporation Act, 1858.

I

Name of person.	or quality.	l~opresshn	of md.
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(Signature of the person authorized to use seal.)

Mcmorial of the r e d estate vested in the trustees of

required to bc registered undcr the provisions of the Associations Incorporation

Act, 1858.

Name or Designation of Incor- Description of Piqerty and na-

or h'nnle, of Trustees. porated Institution. ture of Tcnantcy.

- - --F - . -- --

l

I (or we) do hereby declare that, to the best of my (or our ) knowledge and belief, the abovc memorial contains a true statement of the names of the trustees (or name of the trustee) in whom the real estate of the said institution was vested, and also a true description of all such real estate.

The following fees shall be payable in respect of the several matters and things herein mentioned :- P

S s. d.

For every search at the Supreme Court for documents filed. . 0 2 6

For filing any document	..	..	.	a.	. .. 0 2 6
For a certificate of registration	.	.	..	. . .. 2 0 0

TABLE OF FEES [Continued) .

Tf either of the above orders exceed flve folios. for each additional folio ............

Entering any minute. order. or decree in the Uourt.book. other than the decrees or

orders before specified ................................................

On withdrawal of a cause after same k set down for hearing. to be paid by the party

at whom instance it is withdrawn ......................................

On the hearing or trial of a cause-

From the pldntiff ........................................

From the defendant or defendants ..........................

If f&e bearing or trial contimms more than one day. for each day-

From the plaintiff .......................................

From the defendant or defendants ..........................

Produaing the Juage's notoa ...............................................

Bill of exceptions signed by the Judge .....................................

Entering on the record the finding of the J u y or the decision of the Judge ........

On every subpcsna ........................................................

On a ceracate under the hand of the Judge .................................

On every commission iesuing under seal of the Court ..........................

Writ of attachment .......................................................

Writ of sequestration .....................................................

On lodging instrument of appeal ............................................

Search in Court.books. if within the last two years ...........................

If at an earlier period. that within two years ..................................

I n case the Court-books to be searched or the document8 required are not in the

Office. in addition to the above .........................................

Filing and entry of remission of appeal ......................................

Filing exhibits. not exceeding ten for each exhibit ...........................

Exceeding ten. but not exceeding twenty	....................................
Exceeding twenty. but not exceeding fifty	....................................

Exceeding fifty ..........................................................

Office copies of minutes. orders or decrees. Judge's notes. or other documents filed in

B CBU8e-

If five folios of seventy-two words or under ....................

I f exceeding five folios of seventy-two words. per folio ............

In case the same are under seal of the Court. in addition for the seal

Filin cvcry &davit or other document brought into Court or deposited in the

8ffice. for filing which no fec is before s p e c ~ e d ..........................

Taxing every bill of costs-

If three folios of seventy-two words or under	....................
If exceeding three folios of seventy-two words-

When taxed as between party and party. per folio ........

When taxed as between practitioner and client, per folio. .

For administering oathq to each deponent ....................................

Examiner appointed to take e-dence under a commisaion for examination of

witnesees. for each day's attenllsnce. beside8 travelling expenses ..............

These Rules are to take effect from and after the first day of June next.

Cfiven under our hands. and the aeal of the Suprcrne Court. this nineteenth day of Aprj

one thousand eight hundred and fifty.nine.

CHARLES COOPER. C . J .

(L.#.) B . BOOTHBY. J .

E . CASTREB GWYNNE. J .