Fences Act 1892 (SA)

ANNO QU1NQUA4GESIM0 QUINTO ET QUINQUA-

GESIRIO SEX'I'O

A.D. 1892.

'No. A 560.

An Act to provide for the Establish~nent and Incorpo-

ration of the School of Mines and Industries

of South Australia, and for other purposes.

[Asseated do, Decemdev r ~ t k, r8pr.I

PEAS it is desirable to provide for the establishment, Preaml~le.

Industries of South Anstralia-Be it thcrcfore Enacted by the	W""
incorporation, and government of the School of Mines and Governor of the Province of South Australia, with the advice and consent of the Legislative Council and House of Assembly of the mid province, in this prcscnt Parliament assembled, as follows:

l, This Act may be cited as the "School of Mines and Industries shalt title.

Act, 1892."

2. This Act shall come into operation upon a day to be named Commencement of

by the Governor by l'roclnmation in thc Gorernrncnt Gnzette. Act.

3. I n the construction of a.nd for the purpose of this Act, unless Definitions.

ithe context otherwise requires--

."' The Council " shall mean the Council of the School of Mines

and Industries of South Australia:

The Minister" shall mean the Minister administering this Act.

4. For the purposes of this Act there is hereby constituted a Incorporation of the

Council, to be called the Council of the School of Mines and Indus- Counci'-

$rim of South Australia, of whom five shall form a quorum, and who

660 shall

5 5 O & 56" VICTORIW, No. 560.

School of Mines and Industries Act.--1892.

shall be a body corporate, with perpetual succession and a common seal, which shall be judicially noticed, and shall by the same name sue and be sued, plead and be impleaded, in all Courts and places whatsoever, with power to prove in all corn yetent Courts and com- pound for all debts due to the Coi~ncil.

First Co~mcil

of 5, Until the appointment hereinafter mentioned, the South

School of Mines and

Industries to hold

Austrnlian School of Mines ancl Industries, as constituted at the

office till Council

appointed.

time of the coming into operation of this Act, shall be the first Council under this Act, and shall hold office as and constitute such Council until the appointment l~ereinaf ter mentioned shall be com- pleted and notified by the Governor in the Gove~*?zment Gazette, whereupon such first Council shall be clissolved.

Constitution of the

Council.

6, The Council to be hereafter from time to time appointed under this Act shall consist of t~wlvc! members, to he appointed by the Governor. Such members shall hold office for twelve months, and shall be eligible for re-appointment, and Rliy casual vacancy through death or resignation of any mcmber may bc fillcd by the Governor appointing some other person, and such pcrson shall hold office for the unexpircd term for which the member he succeeds was appointed,

Board nlav exercise

powers ndtwithstand-

7, Any Act of the Council shall not bc invalid by rcnson only of a vacancy in the Council, but if a t any time and as long as thc

in g vacan c y .

number of persons acting as the Council is less than six, thc

Council shall discontinue the exercise of their powers.

Lands to be under

control of the Council. 8. 'I'he Governor may, bv Proclamation to be published in the

Coommcn t Gazette, direct tgat any lands or buildings belonging to

the Cro~vn shall be placed under the care, control, and marlagement of the Council for the purposes of this Act, ancl may in like manner resume any such lauds or buildings so placed or put under tho care, control, or management of the Council. The Cotmcil shall have power and be capal~le in law to purcllasc and hold lands,

The power to take tenements, and hereditaments of all Iciuds whatsoever and whereso-

and sell, &C., certain

lands. ever situate, and sllall have power and be capable in law to sell, exchange, grant, demise, let, or otherwise dispose of any land purchased or acquired, or any part thereof: Provided that plans of m y such lands or buildings so intended to be placed under the care, control, and n~anagFmcnt of the Council, and not now in the occupation of the Councll, shall be laid befbre Parliamet~t thirty days beforc the publication of any such Proclamation.

Vesting in of

personal property 9. All the goods, chattels, and cffects heretofore or hereafter

with poMrcr to sell,	acquired bv or for the use of the Council, shall be and hereby arc-
&-C.	vested in the Council. The Council is hereby empowered to receive or purchase any chattels, and to sell, exchange, or otherwise dispose of the same or any of them.
ffcazette to be

evidence of appoint- 10, Every appointment made under any of thc provisions of this

mente, &C.

Act shall be published in the Gouenzment Gnzette, and such publica-

tion

55" & 56' VICTORIW, No. 560.

Srhool qf Mines and Industries Act.-1892.

tion shall, until the contrary be proved, be evidence of every such

appointment.

11. The Council shall have power from time to time to make, Power to make rudcs, &c.

repeal, alter, and re-enact rules and regulations for the following

purposes :-

I. For the conduct of their own proceedings:

r r. For the due mantrgement of thc affairs of the School of 91' I ines

n.nd Indnstrics of South Australia, and for the employ- men t, snspension, or dismissal of any professors, lecturers,

esainirlers, or any other officer or sc~vant :

m. For the establishment of branch schools, and for the general direction of the educational afhirs of the same:

IV. For holding examinations in Adelaide and elsewhere in the

colony; and for granting ccrtificatcs and diplomas:

v. For the exclusion or expulsion of any person or persons from the School of Mines and Industries of Scuth Australia, or any part thereof:

vr. For specifying the conditions and restrictions upon and subject to which the public may be allowed-

(a) To rend books or manuscripts, or make copies or extracts

therefrom:

( b ) To inspect the minerals, models, machinery, specimtm, and

exhibits in the School of Mines and Industries of South

Australia:

( c ) To obtain iiistruction in the dieerent classes in connection

with the School of Mines and Industries of f out11 Aus- tralia, and for fixing the amount of the fees payablc for such instruction and the manner of the appropriation thereof:

V I I. For the most effectual use of the mincrals, rocks, ores, nuggets,

models of nuggets, crvstals, models of crystals, machinery,

~nodels and patterns of machinery, raw and manufactured and metallurgical and vcgctable products, mineral speci- mens, curiosities, objects of natural history, works of art, books, maps, manuscripts, docurrrents, pamphlets, or papers, for the pur.poses of public education and enjoy- ment:

V H I. For prescribing the conditions and method upon and by wliich the advantages heretofore extended by the first Colrncil may be continued:

IX. For fixing penalties for any breach of any rule or regulation authorised to be made by this Act, not exceeding the sum of Five Pounds for any one offence:

X. For such other purpose as the Governor by Proclamation in

Goverwrne)? t Gazette may allow:

XI. Generally for carrying into effect the objects of this Act.

An cl

55' & 56" VICTORIW, No. 560.

-- " School of Mines nnd Ifidustries Act.-1892. --- p -. -. -. .-p

And all such rules and regulations shall be under the common seal of the Council, a ~ ~ d, whell approved by the Gov~rnor and published in the Gove~mze?z t Gaxetfe, shall be valid and have the force of' law: Provided that no regulation shall be submitted to the Governor for confirnlntion until such rule or regulation have been laid before Parliament for one month; and if Parliament should not be in Session throughout sach month, then within one month after the commencement of the next Session thereof.

The production of the Goven~ment Gazette containing such publi-

cation shall be conclusive cvidcncc of thc tenor and v d d i t y of such rule and regulations, and shall be received in evidence and judicially noticed in all Courts of the province.

Annual report of

audit.	12. The Council shall, on or beforc the first day of March in each year, report its proccedings for thc t~vclvc months enrltxl thirty-first of Dcccmber to the Governor, and a copy of such report shall be laid each year before Parliament. The accounts of the Council shall be annually audited by the Commissioners of Audit, who may exercise
in that behalf the powers conferred upon them by the Audit Act,
and an abstract of such accounts shall be nnnua,lly laid upon the table of the House of Assembly of the said pro-tincc whilst such House is in Session.
Recovevof penalties.	13. All fines or penaltics for offenccs against this Act, or any rule or regulation made hereunder, may be rcco~ered in a summary way under the provisions of the Ordinance No. ti of 1850. or of any other Act for the time being in force relating to the duties of Justices with respect to summary convictions or orders beforc any Special Magis- trate or two Justiccs of the Peace, and a11 convictions and orders may bc enforced as provided by the said Ord ina im or Act.

Appeal. 14. There shall be an appeal from any- order or conviction of

any Special Magistrate or Justiccs undcr this Act, QY from any order

dismissing any information, or for the payment of costs or other-	wise, which appeal shall be to the Local Court of Adelaide of Fu l l
Jurisdiction, and the proceedings on such appeal shall be con- ducted in manner appointed by the said Ordinance No 6 of 1850, and any Acts extending or amending the samc for apl~eals to 1,ocal Courts, and such Ilocal Court aforesaid may make such order as to
the payment of the costs of appeal as i t shall think fit, although such
costs may exceed Ten Pounds.

In the name and on behalf of Her Majesty, I hereby assent to

this Bill.

KINTORE, Governor.

p - p

-. . -- -.

---	-p--
-- - - - "-

Adelaide : Bp authority, C. E. Bars~ow, Government Printer, North-terrace.