Institutions Act 1874 (SA)

ANNO TRICESIMO SEPTIMO ET TRICESIMO OCTAVO

A. D. 1874.

No. 16.

An Act to Regulate the Alienation and other Disposal o f the Real Estate of Buburban and Countjy Institutes, and for othsr purposes.

[ Assented to, 6th November, 1874. ]

W" EREAS Suburban and Country Institutes have been pmmble- established pursuant to the South Australian Institute

Act, 1863," in various parts of the Province of South Australia for the promotion of useful knowledge and rational mental recreation amongst the inhabitants of thc said Province: And many of such Institutes, for the purpose of more effectually realizing the objects for which they were established, have acquired real estate in the said Province: And whereas the Parliament of South Australia, from time to time has voted, and may yct vote sums or a sum of money to the said Suburban and Courrtry Institutes, and divers of the said Suburban and Country Institutes have from time to time expended

EE

their several sums of money so voted, or a portion or portions thereof

respectively, in the improvement of their said real estate: And whereas it is:desirable 'to prevent the real estate of such Suburban and Country Institutes being diverted from the object for which the same was originally acquired, and from being improvidently dealt with, and to give to such Institutes certain other rights and privi- leges with respect to their personal property, and for other purposes -Be it therefore Enacted by the Govcrnor 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 Parlia-

ment assembled, as follo~vs :

1. Al l Institutes established as aforesaid, except the South Aus- Definition of Subur-1

tralian Institute, shall be, and be deemed to be, for the purposes of ~,t;t,b,, ban and Country

this Act, Suburban or Country Institutes, 2. A11

VICTORIB, No. 16.

The Suburban and Cowntry Institutes Act.-1874.

Hemberehip. 2. All persons of respectable character above the age of fifteen shall be competent to become members of a Country or Suburban Institute on payment of the subscription and entrance fee, and no person shall be elected or admitted a member of any such Institute by ballot, nor shall any such person bc rejected from membership by such means, but the executive members of any such Institute may

. xefuse to admit any unfit person as member: Provided, that any person so refused shall have a right of appeal for such refusal to a general meeting of the members of the Institutz, who may reverse such refusal.

flu& Institutes to

furnish returns. 3. The person or persons in whom the real estate of any Suburban or Countiy Institute shall now be vested as the trustee or trustees thereof shall, within three calendar months after the passing of this Act, and the person or persons in whom thc real estate of any Suburban or Country Institutes shall hereafter be vested as such trustee or trustees, shall within three calendar months from the vesting of such red estate, and thereafter, in the month of January in each year, make out and deliver to the Chief Secretary of the said Province, or such other Responsiblc Minister as the Governor in Council mGy appoint, a rcturn containing the particulars set forth in the form in the First Schedule hereto; and every person in whom such real estate shall be so vested, who shall not make out and deliver, or cause to be made out and delivered, the return aforesaid within the time aforesaid, or shall make out and deliver a false return, shall, for every day that such return shall not hwe been so made out and delivered, forhit and pay a pemlty of not more than Five Pounds, nor less than Two Pounds; and shall, for making out such false return, forfeit and pay a penalty of not more than Fifty Pounds, nor less than Five Pounds.

Inath~tmthe tru~tees

whereof shall not have 4. Until the returns mentioned in the last preceding section shall

furnishedreturns to have been duly furnished, every Suburban or Country Institute, the

be dimntitledtogr&nt. real estate whereof shall be vested in any person or persons as the

trustec or trustees of such Institute, or the real estate whercof shall be vested in any such Institute as a body politic or corporate, or the real estate whereof shall not be vested in either of the ways afdresaid,

shall be disqualified and debarred from receiving any grant of moneys, or any part of any grant of moneys, voted by the Parliament of South Austrdia, to which respectively, but for this Act, such Insti- tute might have becn. or become entitled.

Mortgageesandnu. 5. Any person or persons, body or bodies politic or corporate,

cumbrancees of lnsti-

tute realty not to sell having, before the passing of this Act, any legal or equitable

three months' notice or foreclose till aner mortgage, encumbrance, or lien of any sort, description, or kind

Chief seaRw. upon or over the real estate of any Suburban or Country Institute, shall not sell such real estate or any past thereof, or foreclose any such mortgage or encumbrance, or enforce such lien without first giving to the Chief Secretary of the said Province, or such other Responsible Minister as the Governor in Council may appoint, three calendar mopths' notice in writing, setting forth the nature of tbe mortgage,

encmbrance,

37" & 38" VICTORIB, No. 16. 151

The Suburban and Country Institutes Act.-1874.

encumbrance, or lien, thc intention to sell, foreclose, or enforce, as the case may be, and the amount of principal and interest claimed to be due on the date of such notice.

6. The Chief Secretary, or such other Responsiblc Minister as the Chief Secretary may

Governor in Council may appoint, may, in his discretion, out of any payoff

share of any grant of moneys, or out of any special grant respectively

as aforcsaid(to which the Suburbanor Country Institute, the sale or fore-

closure of the real estate whereof he shdl have received thc notice in

the last preceding section mcntioned, may be entitled), pay off, satisfy,

and dischargc the moneys by such notice claimed to be due thereon.

7. I n case the Chief Secretary, or such other Responsible Minister Mortgagees may sell, &C., if Chief Secretary

as the Governor in Council may appoint, shall not exercise the power	not redeem.
by the last preceding section vested in him, within the said period of three months, the person or persons, body or bodies politic or corporate giving the notice aforesaid, may, at the expiration of the said period of three months, sell or foreclose, as if this Act had not been passed.

S. I t shall not be lawful for any person or persons in whom the Prohibition against

real estate of any Suburban or Country Institute shall be vested as stitute real eatate my dealing with In-

the trustee or trustees thereof, nor for any i.ncurporated Suburban ;$2ez;;;;$of

or Country Institute, to sell, lease, alien, mortgage, or cncurribcr in

any manner whatsoever, any real cstate whereof any such trustcc or

trustees, or incorporated Suburban or Country Institute may be seized or possessed, without the consent in writing of the Chief Secretary, or such other Responsible Minister as the Governor in Council may appoint, shall have been first had and obtained, and shall have been endorsed upon every conveyance, assurance, memorandum of transfer, lease, memorandum of lease, mortgage, memorandum of mortgage, or encumbrance or other assurance or charge whatsoever, and every conveyance, assurance, memorandum of transfer, lease, memorandum of lease, mortgage, memorandum of mortgage, or encumbrance, or other assurance or charge whatsoever, made or executed without such consent in writing as aforesaid, shall be absolutely void to all intents

and purposes.

9. From and after the passing of this Act no Suburban or Country Prohibition against

Institute, nor any member or members, or officers thereof, nor any incorporation.

person or persons whomsocvcr, shall be authorized, empowered, or

able to incorporate any such Institute under any statute or law now

in force in the said Province.

10. The members of a Country or Suburban Institute may from Appointment of

time to time, a t a general meeting of such members duly convened tniatees.

by public notice of the object of such meeting, appoint or elect proper persons to be trustees of any such Institute; and such trus- tees shall continue to be trustees for such period, and with such powers and duties as may be prescribed by any rules or regulations which for the time being may regulate the affairs of such Institute.

11. All

37" & 38" VICTORIAE, No. 16. -

The Suburban and Cotantry Institutes Act.-1874.

mecb TnstitU"8t.

be vested in the 11, All real and heritable property, moneys, goods, chattels, a m

trustees E O ~ t h ~ time effects whatever, and all titles, securities for money, or other obli-

being, who may bring

and defend actions, &C.	gatory instruments and evidences or muniments, and all other effects whatever, and all rights or claims beloilging to or had by any such Suburban or Countrv Institutes, shall be vested in the trustees of such Institute for the tike being, foi the use and benefit of such Institute, and after the death, resignation, or removal of any trustee or trustees, shall, from and after the filing of the memorial in the next section mentioned, vest in the succeeding trustee or trustees, for the same estate and interest as the former trustee or trustees had therein, and subject ta the same trusts, without any assignment or conveyance whatever, and shall also, for all purposes of action or suit, as well criminal as civil, in law or in equity, in anywise touching or concerning the same, be deemed and be taken to be, and shall in every such procecding (where necessary) be stated to be, the property of the person or persons appointed to the office of trustee or truatces of such Institute for the time being, in his or their proper name or names, without further description, and such person or persons shall, and he or they is and are hereby respectively authorized to bring or defend, or cause to be brought or defended, any action, suit, or prosecution, criminal as well as civil, in law or in equity, touching or concerning the property, right, or claim aforesaid, of, or belonging to, or had
by such Institute; and such person or persons so appointed may in
all cases concerning the property, right, or claim aforesaid, of such Institute, sue and be sued, plead and be impleaded, in his or their proper name or names, as the trustee or trustees of the said Institute, without other description; an4 no such suit, action, or prosecution, shall be discontinued or abate by the death of such person or persons, or his or their resipation or removal from the office of trustce or trustees, but the same shall and may be proceeded in by the continuing or succeeding trustee or trustees, in the proper name of the person or persons commencing the same, any law, usage, or custom to the contrary notwithstanding; and such succeeding trustee or trustees shall receive or pay like costs as if the action or suit had been commenced in his or iheir name, for the benefit of, or to be
reimbursed from, the funds of such Institute.

Yemorials ofnames 12. A mcrnorial of the namcs of the person or persons in whom

tTu8"emto be

recorded on oath in the real or pmsonal estatc of any Suburban or Country Institute

~upmme court. shall bc vested as trustee or trustees thereof, in the form or to the effect for that purpose pet forth in the Second Schedule hereto, signed by the trustees of ~ x c h Institute and verified on oath, shall be recorded in the Supreme Court of South Australia within thirty days after the election or appointment of such trustee or trustees, and when and as often as any trustee or trustees of such Institute shall be newly-elected or appointed, a memorial of the name of such newly-elected or appointed trustee or trustees, in the same form, or to the same effect as the above-mentioned memorial, signed by such newly-elected or appointed trustce or trustces, as the case may be, and by the continuing trustees of such Institute, and verified as aforesaid, shall in like manner be recorded in the said Supreme Cotmt

within

37" & 38" VICTORIB, No. 16. 153

The Suburban and Country ~nstitutes Act.-1874.

within thirty days next after such trustee or trustees shall be so elected or appointed, and the said memorial may be recorded after thirty days on payment of a fine of Ten Shillings, and after six months on payment of a fine of Five Pounds.

13. Until a memorial of the name of the trustees for the time Untilsuch record

being be recorded in the manner hereinbefore directed, no action, bIought.	made no action to be
suit, or other proceeding shall bc brought by any such Suburban or Country Institute or by the trustees thereof under the authority of this Act.

14. Every Suburban and Country Institute shall, at such time and Institute to furnish

in such form and manner, and to such persons as shall be from time $ ? ~ ~ ~ ~ q ~ ~; b p ~ h

to time appointed by the Chief Secretary, or such other Mcsponsible Government,

Minister as the Governor in Council may appoint, furnish all such just

and true accounts, reports, statistical tables, and staterncnts as shall

be required to elucidate the state and proceedings of such Institute and the manner in which the purposes of such institute and the provisions of this Act have been carried into effect.

15. Every Suburban and Country Institute which fails (either by Institutes not com-

default of its officers or otherwise) to comply with the provisions of plying not to be with entitled this A C ~ to

this Act, or my of them, shall not be entitled to participate in any erant until com-	pliance.
general grant or to receive any special grant of moneys which may be made by the Parliament of the said Province until such Institute shall have complied with the provisions aforesaid.

16 A11 rules and regulations hereafter to be made, or alterations r,,tit,t, ,les ~ be

of rules now in force, by any Suburban or Country Institute, or by ~~;;o;f;~~4Zeth4

the members thereof, shall have no force or effect until after the bp Chief Becretary.

same shall have been approvcd by the Chief Secretary, or such other

Responsible Minister as the Governor in Council may appoint, and

a notification of such approval has appeared in the Gouernment

Gazette.

17. A11 penalties for any offence against this Act may be re- Penalties, how re-

covered in a summary way before any Special Magistrate or two covered-

Justices of the Peace, under the provisions of an Ordinance No. 6 of 1850, intituled "To facilitate the performance of the duties of Justices of the Peace out of Session with respect to summary con- victions and orders," or of any Act hereafter to be in force relating to the duties of Justices of the Peace with respect to summary con- victions and orders; and all convictions and orders may be enforced as in the said Ordinance is mentioned.

info-

18. Informations may be laid for any offence against this Act at Whomay mation.

the instance of any person.

this Act shall be paid to the complainant or informant, and the penalbes. 19. One moiety of every penalty recovered for any offence against Appropriation of

other to the Treasurer for the public use of the said Province.

20. There

164 37" & 38" VICTORIB, No. 16. *

TIie Suburban and Country Institutes Act.- 1874.

A~peaL

20, There shall be an appeal from any order or conviction of

any Special Magistrate or Justices under this Act, or from any order

dismissing any information or for the payment of costs or otherwise, which appeal shall be to the Local Court of Adelaide of Full Juris- diction only, and the proceedings on such appeal shall be conducted in a manner appointed by the said Ordinance No. 6 of l850 for appeals to Local Courts; but such Local Court of Adelaide afore- said may make such order as to the payment of the costs of appeal as it shall think fit, although such costs may exceed Ten Pounds.

D*s01uti0n Insti-

tute, and disposal of	21. The Institute shall not be dissolvcd, nor shall its property be alienated or disposed of, unless with the consent of three-fourths of such of the members as shall be present at a public meeting, %hich shall be convened by notice signed by not less than one-sixth of the existing members, and published one month before the day of meeting in the following manner, viz. :-By posting the same in some conspicuous place in the reading-rwm or library of the Insti- tute, by forwarding a copy to the Board of Governors of the South Australian Institute, and by advertiwment in one or more news- papers published in South Australia; nor shall the property be alienated, nor the funds arising: from its sale be'disposed of, except to such institutions connected pith education as the members so assembled shall think fit and che said Board of Govcrnors shall approve of; neither shall any dividend, gift, division, nor bonus in money be made unto or betwecn any of the members of the Insti- tute. The said Board of Governors shall alm be entitled to the possession of the property, and to become trustees thereof in case of the Institute falling into decay, or the property being endangered or dispersed, by reason of non-subscription by the members or otherwise.
P ~ W ~ Y.
abort title.	22. This Act may be cited for all purposes as " The Suburban and Country Institutes Act, 1874."

In the riame and on behalf of Her Majesty, I hereby assent to this Bill.

A. MUSGRAVE, Governor.

THE

156 37" & 38" VICTORIA!,, No. 16.

The Suburban and Country lizstitutes Act.-1 874.

THE SECOND SCHEDULE REFERRED TO.

Memorial of the name of [Trustee or Trustees, as the case may be] of the

Institute, pursuant to an Act intituled " The Suburban and Country

Institutes Act, 1874."

Names of Trustee or Tmtees,

as tha caee may 6s. Address, Occupatian.

(Signatures of Trustees)

Q.H.

L.M., maketh oath and saith, that he mas present and did see the foregoing

memorial signed by the above-named Trustee or Trustees respectively, as the case

may be, whose names appear thereto.

L.M.

Sworn this

, A.D. 187 .

--- Adelaiae : By authority, W. C. Cox, Government P~inter, North-terrace.