Botanic Garden Act 1860 (SA)

ANNO VICESIMO TERTIO ET VICESIMO QU14RT0

YICTORIB REGINB.

A. D. 1860.

No. 8.

An Act to establish and regulate an A&itution called G The Botanic

Garden of Adelaide."

.

LAsscntcd to, 17th Oct~ber, 18CiOi]

HEREAS a Public Garden, known as the Botanic Garden, Preamble,

has bccn laid out and established in the City of Adelaide, and it is expedient to provide for the permanent support and management thereof-Ue i t therefore Enacted, by the Governor-in- Chief of the Province of South Australia, with the advice and consent of the Legislative Council and House of Assembly of the said Province in this present Parliament assembled as follows:

shall be called "The Botanic Garden of Adelaide," and shall mont. 1, The Garden so laid out and established, and all additions thereto, Nalrle and Govarn*

be managed by a Board of Governors consisting of eight persons,

five to bc appointed by the Goveimor, with the advice arid consent

of the Executive Council, and three to be mcmbcrs ex oficio, namely -the persons who for the time being shall be the Mayor of Adelaide, the Speaker of the House of Assembly, and the Chairman of the South Australian Agricultural and Horticultural Society: Provided always, that no person ahall be appointed to, or hold a Proviso,

seat at the said Board, who shall be a nurseryman, seedsman, or in any manner conncctcd with the public sale of plants in this Colony either by himself or by an agent,

2. The said Boarcl. shall be called "Thc Governors of the Botanic Board of Go~ernorn.

Garden," and by that name shall have perpetual succession, and shall and may sue and be sued. implead and be impleaded, grant and

L receive,

receive, and. @hall hold -in trwt dl l ~ d h buildings, and other.

property of ~ihatmwver ~atmiti?, dedicated to, or given up for, the

purposes of, or in &n$wi$e bd~alsigg to, the said Lastitytion.

~zesent Gwemorr. 3. The present Cornittee! of Management, namely - John

Glaudius Paisley, Egquire; William Wyatt, Esquire; Honorable Charles &vim; Gborge 8trielelwd Kingston, Esquire ; Eionorable George Charles Hawker; Richard Davies Ranson, Esqnirc; Edward Bootle Wilbraham Glandfield, Esquire; and Edward William Andrews, Esquire, shall be the first Board of Governors, and shall continue to hold such office until their successors be appointed, as hereinafter provided,

Retirement and

reappointment of	4, On the twenty-fourth day of March, one thousand eight hundred and sixty-one, and on every twenty-fourth day of March in each succeeding year, the two memkrs of the said Board of Governors, not being ex o f l c i ~ members who shall have been present thc least number of times at the meetings of such Board, shall retire from office, bui shall be eligible for reap- pointment; and in case of an equality between two or more members of the said Board in respect of the number of attendances of such members at the meeCngs of the said Board, then the retiring member shall be determined by lot, and on the annual retirement of the said two members, or in case of the death, resignation, disqualification,, or incapacity of any member or members, the successors or successor of such retiring members, or of such members dying, resigning, or becoming disqualified or incapable, shall be appointed by the Governor.
Governors.
Powers of Board af
Governors.	5. The Board of Governors, of whom three shall form a quorum, shall have full power and authority in the name of the said Board to hold and retab all lands granted to, or now occupied by, or which may hereafter be granted to, or legally occupied by the said Botanic Garden; unless any part thereof be diverted from such purpose by Legislative Faactrnent, in which case they shall have the same power over the part not so diverted; neve~theless the said
and of the Executive Council, augment, diminish, or alter the Board may, by and d t h the consent of the Governor-in-Chief
boundaries of the said garden, and shall also have full power and authority to receive, pay, apply, and dispose of all such moneys as shall be annually granted to the said Botanic Garden out of the public revenue of the said Province, and all such moneys as shall, from time to tiine, be granted to the said Botanic Garden for building or other special purpose; and to enter into all such contracts, and to do all such other acts, deeds, matters, or things as may be requisite or proper to be done in the purchaving or otherwise collecting of plants, seeds, roots, implements, ornaments, materials, botanical books, and specimens, or erecting or completing of suitable conservatories, lodges, fences, summer houses, and other buildings fhr the
reception and safe custody of the library and other effects

appertaining

appertaining to the said Botanic Garden, and for all auch other purposes as the said Board may decide to be required ta carry into effect the objects of the said Botanio Garden; and for the purchase, exchange, and otherwise collecting of animals, the construction of aviaries, cages, places of shelter and restraint, enclosures, and food and labor appertaining to such animals, and h to form and after- wards maintain a, botanical and natural history museum in con- nection with the said garden: Provided that the sum so expended on account of animals and museum in any one year shall not exceed one-sixth part of the yearly income given for the support of the said garden, except by permission of the Governor-innchief and of the Executive Council, upon special cause being shown for such augmented expenditure; and also shall have full power, with the consent of the Governor and Executive Council, to dixect and order at what times, in what manner, and under what restrictions and conditions the public shall be admitted to the said Botanic Garden, and shall have f d l power, with the like consent, to make by-laws for the safety and preservation of the public property therein contained, for the distribution by gift, exchange, or public sale of any sparc plants, seeds, specimens, and animals; for the repressing such impropriety in the conduct of visitors, as may tend to immorality, profanity, injury, a breach of the peace, or the discomfort of other visitors, and otherwise for the more regular and efficient government of the said garden; and rescind aud alter" such by-lams, times, restrictions, and conditions, or any of them, from time to timc, with the like consent, and make others in their stead; and, also, to do, manage, transact, and determine all such other acts, deeds, matters, and things as shall to them appear necessaiy for effecting and properly carrying out the purposes of this Act and of the said Botanic Garden; but so, nevertheless, that the same shall be in accor- dance with this Act; and shall, also, have power to appoint and remove a Director, Secretary, and other officers appertaining to the Appointment of

said Botanic Garden, and, from time to time, to fix and determine Offiwm.

the salary and cmoluments to be paid to such officers: Yrovided

that all salaries paid by the said Board shall be annually submitted

to Parliament: Provided also, that a copy of such orders and by- pro,;,,.

laws shall be laid before Parliament as soon as may be after the

same have been approved by the Governor and Executive Council.

of this Act by the House of Assembly of the said F'rovince shall count,- and accounted 6. Every sum of money which shall be voted for the pufposes M~g~r$;~i'd,k-

be paid into such Bank in Adelaide as the Board of Governors

may appoint, to be hcld as a distinct account, called Thc Botanic Garden Account," and to be withdrawn only by cheques signed by two of the said Governors, and countersigned by the

Secretary: Provided that there shall be annually submitted to ~ ~ O V ~ S O.

Parliament a full and true account of d moneys received and paid by the said Board; and the accounts of the said Board shall be annually audited by the Auditor-General of the said Province.

7. In case of any injury to, or the destruction of any animal or ownerofmimah trespnwing liable for

plant damages.

plant belonging to the garden, by any dog, goat, fowl, or othe-r animal trepassing w i t u the garden, the owner of such dog, goat, fowl, or other animal shall, on conviction before any Justice of the Peace for the said Provinde, pay &.fine of not more than Two Pounds

in addition to the value of the animal or plant so injured or des-

troyed, and in default of payment may be imprisoned for any period

not exceeding one calendar month, unless such payment be sooner

made.

Penal clause.	8. Any person who shall commit any offence against any of the regulations, orders, or by-laws made and approved as aforesaid, hall, on conviction Yefore any Justice of the Peace for the said Province,
be liable to a fine of not more than Ten Pounds, and to be imprisoned
with or without hard labor, for any term not exceeding three calendar months; and shall, also, be liable to pay the mo&t of any damage done by such person, and in default of payment of such amount of damage to be further imprisoned with or vithout hard labor for any period not exceeding three calendar months, unless such amount shall be sooner paid.

Act,	9" This Act shall take effect from the passing thereof.
short title.	10. Thia Act may be cited as the Botanic Garden ,4ct."

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Adelaide: Printed by authority, by W. 0, Cox, Gavernmcrtlt Printer, Victoria-square,