Benevolent Society of New South Wales Act of 1902 (NSW)

Act No. 97, 1902.

An Act to incorporate and otherwise promote t he objects of t he Benevolent Society of New South Wales . [12th December, 1902".]

WH E R E A S a society was in t h e year one thousand e ight and n ine teen established, k n o w n as t h e Benevolent Society of

h u n d r e d

N e w South Wales , h a v i n g for i ts object	the relieving of poor, aged,
a n d distressed persons and others requ i r ing such aid :	A n d whereas

subsequent ly distr ict commit tees were established in P a r r a m a t t a , Cast lereagh, Liverpool, and Richmond in connect ion wi th t h e society, b u t were af terwards placed unde r o ther c o n t r o l : A n d whereas a sui table bui ld ing , a t t he junc t ion of P i t t and Devonshire streets, in t h e ci ty of Sydney, for t h e purposes of t h e society, was erected unde r t h e advice of H i s Exce l lency Governor Macquar ie , t h e first pa t ron of t he

society, and g ran t s of money for t h e ma in tenance of t h e society	were
made by the Imper i a l Gove rnmen t and subsequent ly by t h e	Colonial

G o v e r n m e n t of N e w South Wales : A n d whereas t h e operat ions of the society have been cont inuous ly carr ied on in t he bui ld ings and premises aforesaid ti l l l a t e l y : A n d whereas t h e Gove rnmen t of the

S ta t e of N e w South Wales has resumed the said bui ld ings and land,

t h e p roper ty of t h e society, and provided for m o n e t a r y compensat ion for t h e same : A n d whereas t he society is possessed of land and premises a t U l t i m o , Sydney, bounded by Thomas-s t ree t , Quay-s t ree t , a n d t h e

r a i lway- l ine ; a n d also land a n d premises a t Padd ing ton , bounded by

Glenmore-road and Y o u n g - s t r e e t ; and o ther land a t Banks town : A n d whereas t h e society has provided t empora ry premises and bui ld ings as hospitals and asy lums for t h e recept ion of poor and sick inmates on such lands : A n d whereas t he society in tends to erect p e r m a n e n t bui ld ings

for t h e same purpose on such lands : A n d whereas la rge sums of money

have been bequea thed or given to t he society for its m a i n t e n a n c e by persons of all shades of religious opinion and belief, and i t is deemed expedient t h a t t h e said society shall be ent i re ly unsec ta r ian in cha rac te r : A n d whereas t h e said society is possessed of money, t h e aforesaid lands , bui ld ings , and o ther securit ies and proper ty , and i t is desirable

t h a t t h e said money, lands, bui ld ings , securities, a n d proper ty should

be protec ted for t he purposes of t h e said society : A n d whereas i t is exped ien t for t he purpose of more effectually ca r ry ing out the objects of t h e society, a n d for i ts good gove rnmen t and managemen t , t h a t

legislat ive enac tmen t should be provided : A n d whereas it is desirable

t h a t t h e cont r ibu tors to t he suppor t and ma in t enance of t h e said society should be incorporated with and subject to the powers,

2 T privileges,

privi leges, restr ict ions, and provisions hereinaf ter men t ioned : Be i t

therefore enacted by the K i n g ' s Mos t Exce l len t Majes ty , b y and wi th

t h e advice and consent of t he Legis la t ive Counci l and Legis la t ive

Assembly of N e w South W a l e s in P a r l i a m e n t assembled, and by the

au thor i ty of t h e same, as follows :—•

1. This A c t m a y be cited as t h e " Benevolent Society of N e w

South W a l e s A c t of 1902 ."

2 . P r o m a n d after t he pass ing of th i s Act , t he several Ac t s

hereinaf ter referred to shall be repealed, b u t wi thou t prejudice to a n y t h i n g lawfully done or commenced the reunder , n a m e l y : — T h i r d

W i l l i a m t h e F o u r t h , assented to twen ty - four th day of A u g u s t , one

thousand e ight h u n d r e d and th i r ty - two , in t i tu led A n A c t to enable t h e m e m b e r s of a cer ta in society in t he Colony of N e w South Wales , denomina ted t he Benevolent Society, to sue and be sued in t he n a m e of t h e Treasure r for t h e t ime be ing , and for other purposes the re in ment ioned ; four teen th Victoria, n u m b e r th i r ty -n ine , in t i tu led A n A c t to enable t h e t rus tees of t he Benevo len t Society a t Sydney to sell a n d dispose of cer ta in lands a n d to apply t he proceeds in and towards the erect ion of addi t ional bu i l d ings ; th i r ty- th i rd Victoria , n u m b e r ten , in t i tu led A n A c t to enable t h e t rus tees of t he Benevolen t Society a t Sydney to sell and dispose of cer ta in lands and to apply t he proceeds in and towards t he erect ion of addi t ional bui ldings.

3 . On and from and after t h e passing of th i s A c t all persons who

shal l be ent i t led as life governors to vote a t t h e meet ings of t h e Benevolent Society of N e w South Wales a t t he passing of th i s Act , and all persons who shal l hereafter con t r ibu te to t h e suppor t of t he society a s u m of not less t h a n one pound annua l ly , so long as they shall cont inue so to cont r ibu te , a n d all persons who shal l con t r ibu te to t he general suppor t of t he society a s u m of no t less t h a n fifty pounds in one s u m shall be, subject to t he provisions in th i s A c t contained, a body corporate by t h e n a m e of t h e Benevolent Society of N e w Sou th Wales , by wh ich n a m e such body corporate shal l have perpe tua l succession and a

implead, or be impleaded, proceed or be proceeded agains t in all cour t s	common seal, and in t h e same n a m e shal l and m a y sue a n d be sued,
of t h e said Sta te , and m a y prefer , lay, a n d prosecute any ind ic tment , informat ion, and prosecut ion agains t any person or persons whomsoever for any offence, and in all ind ic tments , informat ions , and prosecut ions i t shall be lawful to s t a te any p rope r ty of t h e said corporate body to be t he p roper ty of t h e said corporate body in i ts corporate n a m e , and to allege any i n t en t to defraud t h e said corporate body or any of i ts officers to be a n in t en t to defraud t h e said corporate body in i ts
corporate n a m e .

4 . Al l real a n d personal estate now or hereaf ter vested in and

held by any person or persons in t r u s t for t he said Benevolen t Society of New Sou th W a l e s are a n d hereby shal l be t ransferred to a n d vested in t h e said body corporate, subject to any t rus t s affecting t he same.

5 . The said corporate body shall be capable in law of t ak ing ,

pu rchas ing , and hold ing to t h e m and the i r successors lands and other real es ta te , a n d chat te ls a n d o ther personal proper ty , and selling, demis ing, mor tgag ing , or otherwise disposing of, b u t for t he purposes only of t h e society, all proper ty , real or personal , be longing to t h e m , and shall have power to do all o ther th ings incidenta l to a body po l i t i c : Provided tha t it shall no t be lawful for t he said body corporate to a l iena te , mor tgage , charge, or demise any land acquired by g r a n t f rom t h e Crown, unless wi th t he approval of t he Governor- in-Counci l , excep t by way of lease for any t e r m no t exceeding twen ty- one years from t h e t ime of the g r a n t i n g of any such lease, in and by wh ich the re shall be reserved a n d m a d e payable d u r i n g the whole of t h e t e r m to be the reby granted the best year ly r e n t t h a t can reasonably

be go t t en for t h e same wi thou t any fine or p r e m i u m .

6. The society and the proper ty of t he said body corporate shall be governed, managed , and disposed of by t h e board of directors of t he society for t h e t ime being, subject to t he by-laws for t he t ime being of t h e said society, and six directors shall form a q u o r u m of such board for t he doing any ac t or per forming or t r ansac t ing a n y business which may , u n d e r t h e provisions of th i s A c t or t h e by-laws of t h e said body corporate , be done, performed, or t ransac ted by such board.

7. I t shall be lawful for t he said society to ama lgama te wi th or
to absorb any o ther society or ins t i tu t ion h a v i n g objects s imilar to

t h a t of t h e Benevolent Society, provided t h a t the provisions and

enac tmen t s of this A c t are not impai red or otherwise interfered wi th .

8 . T h e board shal l , for all purposes connected wi th t h e said

society, be t h e representa t ive of t h e said body corporate, and shall consist of a president , two or more vice-presidents, a t reasurer , and s ix teen directors . A n d of t he directors aforesaid, four shall be

n o m i n a t e d by the Governor- in-Council , and shall hold office for four

years , b u t shal l be eligible for r eappo in tmen t .

9 . A genera l mee t ing of t he subscribers shal l be held wi th in

two m o n t h s after t h e pass ing of th is A c t for t h e purpose of e lect ing a

pres ident , two or more vice-presidents , a t reasurer , and twelve directors, who, toge the r wi th four directors nomina ted by the Governor, shal l collectively form t h e first board unde r th is Act , and u n t i l t h e said elect ions a n d nominat ions shal l have t aken place the exis t ing board of directors shal l cont inue to manage the said society.

1 0 . The president , vice-presidents, and t reasurer shall be elected

a n n u a l l y a t a m e e t i n g of t he subscribers to be held in t he m o n t h of

J a n u a r y or February , t he first of such a n n u a l meet ings to t ake place in t he m o n t h of February nex t , and of t he twelve directors elected by the subscr ibers as aforesaid four shall re t i re annua l ly , t h e re t i r ing

directors be ing those whose a t t endance a t t h e meet ings of t h e	board
shal l have been the least numerous .	A n d where any doub t shall exist

as

as to t h e directors to re t i re u n d e r th i s provision, t h e boa rd shal l

de te rmine t h e m a t t e r b y ballot , b u t t h e re t i r ing directors sha l l in

every year be eligible for re-election.

1 1 . Minis ters of rel igion shal l , subject and accord ing to t h e

provision of t he by-laws, rules , a n d regula t ions of t h e society, have free

admi t t ance to i nma te s of t h e society's hospitals and a sy lums for t h e

purpose of admin is te r ing rel igious ins t ruc t ion a n d consolat ion to such inmates as are of t h a t min is te r ' s own denominat ion , b u t i n no case shall any min is te r of rel igion of a n y denomina t ion be capable of be ing elected or appoin ted as a director of t h e said society.

1 2 . Subject to t h e provisions of th is Ac t , i t shall be lawful for

the board to m a k e , repeal , a n d al ter by- laws for r egu la t ing t h e t imes

and modes of mee t ings a n d of t r ansac t ing business for fixing t h e

n u m b e r of votes of con t r ibu to r s in propor t ion to t he a m o u n t of the i r

contr ibut ions , for de te rmin ing t h e qualification, disqualification, change ,

re t i rement , election, a n d a p p o i n t m e n t of directors , medical officers,

audi tors , execut ive and other officers, a n d n u r s i n g staff and sub­

commit tees of t h e society, a n d genera l ly for t h e suppor t , m a n a g e m e n t and gove rnmen t of t he society, a n d of all officers, servants and pa t ien ts and o ther persons obta in ing relief or assistance f rom t h e said society :

Provided t h a t no such by-laws, ru les or regula t ions shal l be

in a n y way r e p u g n a n t to , or inconsis tent wi th , t h e provisions here in

contained.

1 3 . A copy of a n y such by- laws, rules , and regula t ions , sealed

w i t h t he seal of t h e said body corporate and p u r p o r t i n g to be certified by t h e pres ident for t he t i m e being of t h e said society as be ing correct , shal l bo received in any cour t as conclusive of such by-laws, rules , and regula t ions .

1 4 . I t shall be lawful for t h e board from t ime to t ime to invest

a n y funds of t he said body corporate w h i c h are not in t he opinion of such board requi red to defray t h e c u r r e n t expenses of t h e society, and	any moneys given or bequea thed to or ar is ing from a n y donat ion
of real or personal p roper ty to the society a t t h e discret ion of such
board in a n y Governmen t funds or deben tu res of t h e Commonwea l th or of any Aus t r a l i an Sta te , or in a n y debentures or deben tu re stock of any mun ic ipa l corporat ion in t h e said States , or by way of pu rchase of or m o r t g a g e upon a n y freehold es ta te the re , as well as in bank or deposi t receipts for fixed periods or otherwise, w i th power from t i m e to t i m e and a t a n y t ime to va ry and transfer any such inves tment for or in to
any other i nves tmen t authorised b y th is A c t :
Provided a lways t h a t i t shal l be lawful for t he said board in the i r absolute discret ion a t a n y t ime to resor t to any such i nves tmen t s
a n d to sell t h e same for t he purpose of app ly ing t h e moneys to arise
f rom such sale for t he purposes of t he society.

15. The hoard may from time to time elect and appoint from their own body a house committee and such and so many sub­ committees as they may think fit for transacting the affairs and business of the society with and subject to such powers, privileges, provisions, and conditions as shall be expressed and declared by the by-laws.

16. I t shall be lawful for the board from time to time to make provision for the instruction of medical students, and for the establish­ ment and support of a nursing and training staff for the society ; and for regulating the attendance of such medical students and the fees to be paid by them.
17. No irregularity, informality, or illegality in the election or appointment of any director or officer of the society shall render illegal or invalid any act, deed, matter, or thing done or executed or suffered to be done or executed by such director or officer in pursuance of such election or appointment, but any such election or appointment may in such way as may be provided for in the said by-laws be determined by resolution to be good or bad, and, if bad, the vacancy may be supplied in such way as may be provided for in such by-laws, the provisions whereof as to the validity of any such election or appointment, and the acts, deeds, and things done by any director or officer in pursuance of any such election or appointment shall have the force and effect of law.
18. I t shall be lawful for the said board to design at any time, and from time to time to change or alter, the common seal of the said body corporate.

19. I t shall be lawful for the treasurer to institute and prosecute, in the name and on behalf of the said body corporate, proceedings in any court against any person who may have received medical or surgical treatment in the society's hospitals or asylums, or against the executors or administrators or the curator of the estate of any such person for the recovery of fees and remuneration for such care and	attention, and any amount recovered in any such proceeding shall be
applied in such way as may be provided in the by-laws.
20. All unclaimed moneys of patients who shall die in the said society's hospitals or asylums shall be the property of the said body corporate, and shall form a distinct and separate fund to be called the " Samaritan Fund," which fund shall be managed and disposed of in such manner as shall be provided by the by-laws for the benefit of necessitous out-going patients.
21. The words " body corporate " in this act shall in all cases mean the said corporation of The Benevolent Society of New South "Wales, hereby created. The words "hospitals and asylums" shall mean the hospitals and asylums at present in use or hereafter to be erected by the said corporation for its purposes. The words " board of

directors"

directors " in th i s act shall in all cases m e a n the hoard of directors as t he same shal l from t ime to t i m e consist, and be cons t i tu ted e i ther i n

n u m b e r or otherwise.	The word " t reasurer " in th is act shall in	a l l
cases m e a n the	t reasurer for	t h e t ime be ing , or a n y person appointed

to ac t and for t h e t ime be ing ac t ing in t h e capaci ty of t r easure r for	t h e
said society.