Institutes Act 1888 (SA)

ANNO QUINQUAGESIMO PRIM0 ET QUINQUAGESIMO

SECUNDO

No. 434.

An Act to arnend the Law relating to Institutes.

[ A ~ s m t ~ d to, Deem ber &h, 1888.1

it Enactcd by the Govt:1~ior of the Province of South Preamble.

Council and House of Assembly,in this present Parliament assembled, BE Australia, with thc advice and consent of the Legislative

as follows:

1, This Act may be cited for all purposes as The Institutes short title.

Amendment Act, 1888," and, cxcept so far as inconsistent tlwrcwith, shall he incorporated and read as one with thc " Public Library, Museum, and Art Gallery Act, 1883-1."

sonal estate of such Institute, to the corporation of thc locality

51' & 52' VICTORIJE, No. 434.

2. I n the constructioi~ of this Act, except where the subject- ~nter~retatition.

matter or the context shall require a different coilstruction the fol- lowing terms in inverted commas shall have the respective meanings hereinafter assigned to them, that is to say-

" Corporation '' shall mean any Municipal Corporation or Tlistrict

Council (cxcept the Corporation of the City of Adelaide):

Institute " shall includc all nrban, suburban, and country Institutes whether incorporated or not, and all the freehold

and pcrsonztl property held in connection therewith;

The Minister " shall mean the Minister Controlling Education.

Q. Any Institutc, or, in case there be trustees, the trustees of any Iwtitutes m y he sold

Institute, may sell and transfer thc same and all the real and per- to oorporutions.

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The Ifistitutes Amendme~zt Act.-1 888.

in which such Institute is situated, who may purchase the same upon such terms and conditions as may be agreed: Provided always as follotvs :-

I. No such sale or transfer shall be made without thc written con- sent of the Minister, nor unless a resolution approving the proposcd sale shnll have been carried at a meeting of sub- scribers to the Institute specially called to consider the matter, and a subsequent meeting to be held not less than seven days nor more than one month after the date of such meeting for the purpose of confirming the resolution carried at the previous meeting:

r r. No such purchase shnll be made by the corporation unlcss n resolution approving the proposcd purchase shall have bccn oarrieir % a meeting 'of the ratepayers of such corporatiou specially called to consider the rniZter.

Subscribers' votes.

4, Each subscriber to an Institute shall be entitled t-l one vote at all meetings called in pursuance of this Act, and no subscriber to any Institute shall be allowed to vote at any meeting called to consider the question of selling an Institute unless such subscriber shall have been n subscriber to such Institute for six months previous to the day on which such meeting shall be held, and unlcss tllc subscription of such member shall haye been paid up to the day of such meeting.

Disposition of

ymhase -moneys,

5, Any purchase-moneys arising from any sale made pursuant to the preceding section, and which, but foi this provision, would

be payable to the Institute or the trustees as vendors, shall be

applicable to thc general purposes of thc Institute, and be paid to

the committee of management thereof.

Form of surrender. 6, After any purchasc shall have been completecl, pursuant to

section 3, the corporation making thc purchasc shall hold the

Institute, and real and personal cstate purchased, subject to any	cncmnbrances affecting the same, upon trust, to permit the same, or
a sufficient part thereof, to be used for the general purposes of an
Institute, and subject thereto, uJon trust _ - - - _ - for the corporation, as their property, to be let and managed at discretion, in accordance with the provisions of this Act.

Committee of

Nanhgement.	7, Thc mnageinent of the Institute, mentioned in the preceding section, and of any library and classes in connection therewith, shall be vested in a committee of management, to consist of not more than seven nor less than five members, of whom three shall form a quorum, and who shall be elected annually from amongst the subscribers to the Institute-a majority of such committee to
be elected by the subscribers and the remainder by the corporzt' c ion
at a special meeting called for the purpose.
Management, where

vWt!ed.

8, I n case a sufficient number of subscribers to any Institute

cannot

I & 52' VICTORIB, No. 434.

The Institutes Amendment Act.- 1888.

cannot be obtained to act as con~mittccmcn the management of the Institute shnll vest in the Corporation, which s l d l thcrcupon have all thc powers of a cornmittcc until a suficient mlmher of subscribers

to the Institute c m be obtaincd to act as committeemen.

9, The committee of an Institute may make 'egulations- regulations. Power to make

I. For the conduct of their procecdings:

11. For the regulation of a l l matters which it mill be necessary or convenient to regulate in connection with the manage- ment of the Institute:

Any such regulation may provide for its cnforccrncnt by a penalty not exceeding Five Pounds, recoverable in a, snrnme,ry way, and no such regulation dm11 be of any force until appro~ed by the 'Governor

and published in the Gouernment Qawt t~,	but afterwards shall have
thc force of law.

10. A poll may be demanded at any meeting of ratepayers called Poll mar be demanded.

to consider the question of selling or purchasing an Institute in like manner as in any case where provision is made by law for the demanding of a poll at a meeting of ratepityeis, and, if so demanded, such poll shnll bc lrcld and takcn in like manner as aforesaid, and the result of such poll shall decide thc question.

I n the name and on behalf of He r Majesty, I hereby assent to

this Bill.

WM. C:. E'. ROBINSON, Governor.

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Adelaide : By authority, H. F. LEADEN, Government Printer, No~th-terrace.