No. LIX.
Aii Act to enable certain Public Hospitals to sue and be sued in the name of their Treasurer and to provide for the taking and holding of Ileal Property belonging to such Hospitals respectively. [17th June, 1847.]
| W H E R E A S | b o u r n e and Newcastle and in t he Towns | of P a r r a m a t t a | W i n d s o r |
| there arc Hosp i ta l s | established in t he Cities of Mel |
| Ba thu r s t | Ma i t l and | Br i sbane | G o u l b u r n | a n d Yass in t h e Colony | of N e w |
| South | W a l e s | ma in ta ined pa r t ly | by pr iva te | con t r ibu t ions | and pa r t ly by |
| aid from t h e pub l i c funds | and Hospi ta l s to be main ta ined in like |
| m a n n e r m a y hereafter be established in o ther towns in t h e said | Colony |
A n d whereas difficulties m a y arise in en te r ing in to cont rac ts for and on behalf of t h e said ins t i tu t ions and in recovering debts due to t he same and in ma in t a in ing act ions or o ther proceedings for damage's done to the i r p roper ty and also in prosecu t ing persons who m a y steal or embezzle the i r goods chat te ls and effects and it would be j u s t and convenient t h a t persons hav ing demands agains t any of t h e said ins t i t u t ions should bo ent i t led to sue some m e m b e r thereof Bo i t therefore enacted by H i s Excel lency t h e Governor of N e w South Wales wi th t h e advice a n d consent of t h e Legis la t ive Council thereof Tha t all act ions
| sui ts and other proceedings a t Law or in E q u i t y | t o be commenced or |
prosecuted by or on behalf of any of t h e said ins t i tu t ions or where in any of t h e said ins t i tu t ions shal l respectively be interested or concerned aga ins t any person or persons body or bodies corporate or politic shall a n d m a y be lawfully commenced and prosecuted in t h e name; of t he person who shal l be Treasurer of such ins t i tu t ion a t t h e t ime any such ac t ion suit or other proceeding shal l lie ins t i tu ted as t he nomina l plaintiff compla inan t or pet i t ioner (as t he case m a y be) and such proceedings shal l and may be prosecuted and carr ied on to the i r final t e r m i n a t i o n in t he n a m e of such Treasure r no twi ths tand ing any change may have been made in t he said office of Treasurer du r ing the progress of such suit ac t ion or o ther proceeding.
| 2. A n d be i t enacted Tha t in all prosecut ions for t he embez zling robbing s teal ing | or in any m a n n e r | defrauding any of t h e said |
| t h e | said | ins t i tu t ion . |
| ins t i tu t ions i t shall be lawful | in all informat ions | or ind ic tmen t s | to |
| s ta te the re in t h e p roper ty of such | ins t i tu t ion | to lie | t h e | proper ty | of |
t h e Treasurer thereof for t h e t ime be ing and any offender or offenders may the r eupon be lawfully convicted of any such offence and no change in t he office of such Treasurer d u r i n g the progress of any such
| prosecut ion shal l aba te or in any m a n n e r affect such | prosecut ion. |
| 3 . A n d bo i t enacted t h a t all act ions sui ts and other | proceed |
ings at Law or in E q u i t y to be commenced and prosecuted aga ins t any of t he said ins t i tu t ions shall be commenced and prosecuted agains t the Treasurer thereof for t h e t ime being as the nomina l defendant for a n d
on behalf of t he said ins t i tu t ion and t h a t t h e dea th res ignat ion or
oilier act of t he Treasurer of t he said insti tution, shal l no t aba te any such act ion sui t or o ther proceeding b u t t h e same m a y be continued, where i t left off and be prosecuted and carr ied on agains t t h e said ins t i tu t ion in the n a m e of such person who was Treasurer when such act ion sui t or o ther proceeding was ins t i tu ted or commenced P r o vided a lways t h a t every such Treasurer in whose n a m e any such act ion suit or o the r proceeding shall bo commenced prosecuted carr ied on or defended shal l in all cases be re imbursed and paid out of t h e funds of
| 4. A n d be i t enacted That a memor ia l | conta in ing t h e n a m e of |
t h e Treasurer for t h e t i m e be ing of each of t h e said ins t i tu t ions respectively in t h e form and to t h e effect set forth, in t he Schedule he reun to annexed m a r k e d A signed by t h e Treasure r of each of the said ins t i tu t ions respectively and by a major i ty of t h e Commit tee thereof shal l w i th in th ree m o n t h s from the pass ing of th is Act and from t ime to t ime as occasion m a y requ i re be recorded upon the oa th of one or m o r e credible witness or witnesses in t he office of t he Reg i s t r a r
| Genera l of | N e w South W a l e s or in t he office of | the D e p u t y | Reg i s t r a r |
of t h e Supreme Cour t for t he Dis t r ic t of P o r t Phi l l ip as t he case m a y be a n d no ac t ion suit or o ther proceeding shall be b rough t by any of t he said ins t i tu t ions respectively un t i l such memor ia l thereof as aforesaid shal l have been so recorded by such ins t i tu t ion and the Treasurer n a m e d in such memor ia l shal l be held to be t he Treasurer
| of | t h e ins t i tu t ion recording the same. |
5. A n d whereas i t is expedient t h a t all real p roper ty be longing
| to any of | t h e said ins t i tu t ions respect ively should be held by a n d be |
| vested in Trus tees for t h e benefit thereof | Be i t enacted Tha t Trus tees |
no t more t h a n five in n u m b e r for each of t h e said ins t i tu t ions and the i r successors (to be elected in m a n n e r hereinafter provided) shall be capable of t a k i n g and hold ing al l lands t enemen t s and heredita
| m e n t s which | m a y be g ran ted | conveyed or bequea thed | to such | inst i |
t u t ions respectively or any of t h e m a n d all such lands t enements and he red i t amen t s shall be and shal l be held to be absolutely vested in such Trus tees respectively and it shall be lawful for such Trustees to pe rmi t and suffer t h e Commit tee or o ther executive officers of any such ins t i tu t ion respectively to erect such bui ld ings and perform such other acts in respect to such lands t enement s or he red i t ament s and to use t h e same as to such Commi t t ee or other executive officers shall be deemed expedient and necessary for ca r ry ing out t he objects of such ins t i tu t ion .
| G. A n d be it enacted T h a t the said Trus tees and the Treasurers and Commit tees and o the r officers of | t he said ins t i tu t ions | respectively |
| shal l | be | elected | by t h e majori ty of | con t r ibu tors e i ther of t h e | a n n u a l |
| s u m of one pound | s ter l ing at t h e least or of t en pounds in one s u m |
| to t he said ins t i tu t ions respectively who m a y be present a t | t h e |
| respect ive meet ings to be called for t h e election of any of t h e | officers |
| thereof as hereinafter provided. |
| 7. A n d be i t enacted Tha t a publ ic meet ing of t he | cont r ibu tors |
| to t h e said ins t i tu t ions | respectively shall be called by t h e respect ive |
| Secretar ies of t h e said | ins t i tu t ions unde r the au thor i ty of t he respect ive |
Commit tees thereof on any day wi th in two m o n t h s after t h e pass ing of th i s Ac t for t h e purpose of e lect ing t he said Treasurer and Trus tees of t h e said ins t i tu t ions respectively a n d in t h e m o n t h of J a n u a r y in every year for the a n n u a l election of al l t he o ther officers of t he said
| ins t i tu t ions | respectively. |
| 8. A n d be it enacted | T h a t | if a t any a n n u a l or special genera l |
mee t ing of t he con t r ibu to r s to any of t h e said ins t i tu t ions respectively a t least t e n of t he con t r ibu tors qualified to vote shall no t assemble a n d proceed to business wi th in one hou r from the t ime fixed for t h e m e e t i n g no election of officers shal l be made nor shall any business be done a t t h a t t ime b u t in such case the re shall be another m e e t i n g of t he said
| ins t i tu t ion a t | t he same place and at the same h o u r of t he same day in |
t h e following week and a t th i s last ment ioned mee t ing any n u m b e r of con t r ibu to r s (qualified to vote as aforesaid) exceeding three shall
| const i tu te | a | meet ing . |
| 9. A n d be it enacted Tha t every con t r ibu to r qualified | and |
in t end ing to vote a t such first ment ioned mee t ing for t he election of such Treasurer and Trus tees and a t t h e a n n u a l meet ings for all o ther
officers
officers of t he said ins t i tu t ions respectively shall deliver to the Chair m a n of such mee t ing a t icket wi th t he names of t he persons wr i t ten the reon for w h o m he in tends to vote t h e n u m b e r of such persons not to be grea ter t h a n t h e n u m b e r of persons to lie elected otherwise! the said vote to be n u l l and void and the said t icket signed by t h e person p re sen t ing it after being read a loud by the Cha i rman shall be for thwith deposited in a box and shal l no t be w i t h d r a w n therefrom unt i l t he same shal l be delivered to scrut ineers to be appoin ted by t h e Cha i rman
| of the | mee t ing .
10. A n d be it enac ted Tha t when any such Treasurer Trus tee or |
Trus tees shal l die or be absent from the Colony for more t h a n twelve m o n t h s or res ign or refuse or become non compos men lis or o therwise incapable to act in re la t ion to the said ins t i tu t ions respectively a m e e t i n g shall be called in m a n n e r aforesaid and t h e l ike proceedings
shall take place for the election of such Treasurer or Trus tee or
Trus tees as t h e case may be and the person or persons so elected as Treasurer Trus tee or Trustees shall to all in ten ts and purposes be vested with t h e same r igh ts powers and au thor i t i es in law as the person in whose place he shall have been so elected.
| 1 1 . A n d whereas | Hospi ta l s to be main ta ined in | t he | manne r |
hereinbefore ment ioned may hereafter be established in o ther towns in t h e said Colony to which i t may be desirable to extend t h e provisions of th is Ac t Bo it therefore enacted Tha t whenever t he Governor shall deem it expedient to ex tend t h e provisions of th is Ac t to any Hosp i t a l hereafter to be establ ished in any t o w n in t he said Colony not ment ioned in th i s Ac t i t shall and may be lawful for t he
said Governor to declare t he same by Proc lamat ion to be publ ished in
the Government Gazette and from and after t he publ ica t ion thereof th i s A c t shall be deemed and t aken to apply to t h e Hospi ta l or Hosp i ta l s to be specified in such Proc lamat ion to all in tents and purposes as fully and effectually as if t he said Hosp i t a l or Hospi ta l s
were specially named herein.
| M E M O R I A L | of | t h e | n a m e | of | t l ic | T r e a s u r e r | of | t h e | H o s p i t a l | a t | i n | t h e | C o l o n y | of |
| N e w | S o u t h | W a l e s | to b e | r e c o r d e d | in | t h e | office | of | t h e | R e g i s t r a r | G e n e r a l | a t | S y d n e y | (o r | in | t l ic |
| office | of | t h e | D e p u t y | R e g i s t r a r | of | t h e | S u p r e m e | C o u r t a t | P o r t | P h i l l i p | as t h e | case | m a y | b e ) | in | t h e |
| s a i d | Co lony | in | p u r s u a n c e | of | an | A c t | of | t h e | Grovernor | and | L e g i s l a t i v e | C o u n c i l | passed | in | t h e |
| e l e v e n t h | y e a r | of | t h e | r e i g n | of | H e r | p r e s e n t | M a j e s t y | Q u e e n | V i c t o r i a | i n t i t u l e d | "An | Act | to |
| " enable certain | Public | Hospitals | to sue and he sued in the name of their | Treasurer | and | to |
| " provide fur the taking and holding of Rc<d Property | belonging lo such Hospitals | respectively" |
| B e | i t | k n o w n | t h a t | on | t h e | d a y | of | 1 8 4 | A . | B. | w a s d u l y | e lec ted |
| T r e a s u r e r | of | t h e | H o s p i t a l | a t |
| A . | B. | T r e a s u r e r . |
| E . F . | { | B e i n g a m a j o r i t y | } | G. | H. |
| of | t h e | m e m b e r s | of |
| I. | K . | t h e | C o m m i t t e e . | L . | M . |
| 0. | Q. | of | g e n t l e m a n | m a k e t h | o a t h | a n d | s a i t h | t h a t | he | was | p r e s e n t | a n d |
| d i d | see | t h e | fo rego ing | M e m o r i a l | s i g n e d | b y | t h e | a b o v e - n a m e d | T r e a s u r e r | a n d |
| m e m b e r s | of | t h e | C o m m i t t e e | of | t h e | H o s p i t a l | a t |