New South Wales Institution for the Deaf and Dumb and the Blind Incorporation Act of 1905 (NSW)

Act No. 10, 1905.

New South Wales Institution for the Deaf and Dumb and the Blind Incorporation.

Act No. 10, 1905.

An Act to incorpomto and otherwise ])roinote N'w s,>rrH \va,,f.s

tlie objects of the New South Wales Institn- • P T T P T I 1 1 l > r M l t AND TIIK

tion tor tlie Deat and Dumb and tlie Blind. , _ _ 1 n (;oe{POKATI o n .

[21s^ August, 1905.] —

T7f THERE AS, in tin; year one thousand eiglit hundred and s i x t y - ivoambic.

one, a society or institution was estahlished, known as the New South Wales Institution for the Deaf and Dumb, iiaviiig for its object tlic education and maintenance, and, as far as practicable, tlie advance­ ment in life of deaf and duml) cliildren : And whereas, in tlie year one thousand eight hundred and sixty-nine, a department for blind children with a similar object was added thereto ; And Avhercas, in the year one thousand nine hundred and two, an institute for adult deaf mutes Avas estahlished in connection thercAvith: And Avhereas, in the year one thousand (dght hundred and seventy-four, a grant of live acres of

T T

land, hounded on threi' siih's by NeAvtoAvn-road now City-road, X cav-

toAvn old road noAV Darlington-road, and Codrington-stri'ct, Avas issuetl

to trustees upon certain trusts, and subject to certain conditions,

qualifications, and provisions as therein expri'ssed : And Avhereas, in

the year one thoAxsand nine hundred and thi’ce, a furtlun' gi’ant of land,

adjoining the aforesaitl live' acri's, containinn' <m(‘ aeu' and twenty-one

pei’ches, and hounded on tAvo sides by NeAvtown-road now City-i'oad and

NcAAdoAvn old I’oad now Darlington-i'oad. was by Act of I’arlianuait

number tAA'enty-one, oiip thousand nine hnndrc'd and Ihrei', AX'sted

in certain trustees, hc'ing (!k> trustee's toi' the time' Ix'ing of the

said five acres of land, upon similar trusts and conditions as for

the fiA'e acres aforesaid: And Avhereas hnildings for tIn'jmrposes of

th(' institution have been ('reeled on the said land : And when'as large

sums of money have b('('u be(|ucathed or giv('ii to tin'inst itiition for its

maintenance and endoAvrnent by persons of all shades of n'ligious opinion

and belief, and it is deemed ('xpedient that t he said institution shall he

entirely unsectarian in eliaract('r : And wlu'reas the said institution is

possessed of money, the afori'said lands, hnihlings, and otlu'r s('eurities

and pi’opei’ty : And when'as it is desirahh' that the said mont'y, lands,

buildings, sc'cnrities, and propi'rty should Ix' jirotc'cted for the ])urposes

of the said institution: And wln'reas it is ('xpedient for the jmrpose

of more etfcctually carrying out the objects of the institution, and for

its good governnn'ut and manageim'nt, that legislatiAU' enactnu'nt	,	■
sluxuld he jiroA’ided : -\.nd when'as it is desirable that the contributors
to the support and maintenance of the said institution should he	........
incoi’poi’ated Avith and suhj('ct to the poAvers, privileg('s, n 's tr ie t io n s , and

20   Act No. 10, 1905.

New South }Yales Institution for the Deaf and Dumb and the Blind Incorporation.

and provisions liereinafter mentioned : Be it therefore enacted by the King’s Most Excellent Majesty, by and nitb the advice and consent of the Legislative Council and Legislative Assembly of Kew South Mbiles in Parliament assembled, and by the antbority of the same, as follows :—•

Sliort title.	1. This Act may be cited as tin' “ New South AVales Institution for the Deaf and Lumb and the Blind Incorporation Act of 1905.”
lnter])rejutiuii.	2. The word “ board ” in this Act sliall in all cases mean the l)oard of dirc'ctors as the same shall from time to time consist, and be constituted either in number or otherwise. The words “ body corporate ” shall mean tb(‘ New South AVales Institution for the Deaf and Dumb and the Blind as ineoi-porated und(>r this Act. The words “ by-laws, rules, and regulations” shall mean the by-laws, rules and regulations of the said body corporate. Tlie word “ institution” shall mean the New South Mbiles Institution for the Deaf and ])umb and the Blind. The words “ life member” shall mean any person who shall contribute to the funds of tlie body corporate a donation of not less than twenty-live pounds (C25) in one sum, or any person who shall raise for the body corporate, by collection or otherwise, twenty- five pounds (£25) within one year, or fifty jmunds (£50) in all, or any person Avbo shall have been nominated as a life member by a legator to the institution or body corporate of one hundred pounds (£100) and upwards, or, failing such nomination, the first-named executor of the will of such legator, provided, however, that no legator shall be entitled to nominate more than one life member; provided, also, that in the case of partnersbijis or companies making a subscription or donation to the funds of the body corporate tbo board shall be entitled to nominate the person entitled to membership in respect of such subscription or donation. The word “ member” shall mean every person avIio shall contribute to the funds of the body corporate a sum of not less than one pound (£1) annually, provided, however, that any perso]r whose subscription for any year remains unpaid on the thirtieth day of September of such year shall cease to be a member of such body corporate. The word “ secretary ” shall mean the secretary for the time being, or any person appointed to act, and for the time being acting in the capacity of secretaiy of the said body corporate. The word “ treasurer ” shall mean the treasurer for the time being, or any person appointed to act, and for the time being acting in the capacity of treasurer of the said body corporate.
Life (lircctors. life
members, and	3. On and from and after the passing of this Act, all ])crsons at the passing of this Act, and all other persons who shall thereafter become members, or lif<' members, of the body corporate, sliall be, subject to the provisions in this Act contained, a body corjiorate by the name of the New South AVales Institution for the Deaf and Dumb
members of the	Avbo shall be life directors, life members, or members of tlie institution,
corporation.
institution to be a

and

Act No. 10, 1005.

New Sou'll ]Va'es Institution jor the Deaf and Dumb and the Blind Incorporation.

and tlio Hlinl, Ijy Avliich iiaiuo sudi body corponit*; shall liav(' perpetual suceession and a eouunon seal, aTid in the snne nanu' shall and may sue, and be slum !, implead, or b(! impleadc'd, proeeod, or be proceeded against, in all courts of the said State, and may prosecute, defend, and take all other proceedings in all courts, civil and criminal, within the said State.

4.               All real and personal estate which is now, or may hereafter aii trust properiy

at any time be, vested in and held by any person or persons in trust

for the said institution, is, and shall be, hereby transferred to and '

vested in the said body corporate. .

6.               All property so vested in the said body corporate, so far as Express trusu to be

the same or any part thereof is affected by any express trust, shall Jjq dealt with specially,

held, managed, and dealt with by the said body corporate, subject to,

and in conformity with, such express trust.

6. The said body coriiorate shall be callable in law of tahing, rower tj hoU umi

purchasing, and holding to tbem and their successors lands and other ™

rt'al estate, and chattels and other personal property, and selling,

demising, mortgaging, or otherwise dis[)osing of, hut for the purpostes

only of the institution, all iirojicrty, rt'al and personal, bt'longing to

them, and shall have jiower to do all otht'r things incidt'iiial to a body

corporate :

Provided that land actpiircd hy grant from the Crown shall not But not to iiiicimie

be sold, mortgaged, chargt'tl, or demised by the said body <̂ *orpoi\ali',

unless with the approval of the Governor, tt'.stiffcd by writing under Executive Council,

his hand, countersigned liy llu' Chief Secrt'tary.

7. The body corporate and its jirojierty shall be governed, institution’s

managed, and disposed of by the board, for the time heing, subject to

the by-latvs, rules, and regulations made under the ]irovisions of this	"	'
Act, and three members of the board sball form a (|uoriim of such board for the doing any act, or performing or transacting any business which may requirt' to lie done, performt'd, or transacted by such board under the provisions of this .Vet.

8. The board shall for all purpost's be the rt jiresentativt' of Boimi of directors,

the said body corporate, and shall consist of a prcsiilent, two or more

yice-prt'sidents, a treasurer, a secretary, and ten elected members.

9. A general meeting of the members shall be held in the month of October, subset^uent to the passing of tliis Act, for the purpose of electing a jircsident, two or more vice-presidents, a treasurer, a secretary, and ten directors, who shall collectively form tlie first board under this Act, and until the said election shall have taken place, the existing board of directors shall continue to manage the said body corporate.

10. Th(' pn'sident, vic('-|)i’esidents, ti'i'asurer, and secretary shall Election of president,

hi' ('h'cted annually at the annual generttl mt'eting of the niembers seere’taiy,

which shall be held in the month of October, or as soon thereafter as and directors at tiie tinnu’.il mooting.

the

Act No. 10, 1905.

New South Wales Institution for the Deaf and Dumb and the Blind Incorporalion.

the Board may deem advisable, and of the ten elected directors, three shall retire annually, the retiring; direetors heing those whose attend­ ance at the meetings shall have been the least numerous. And where any doubt shall exist as to the direetors to retire under this provision the hoard shall determine the matter hy ballot, hut the retiring directors shall in every year he eligible for re-election.

Vaeatioies liow

filled.	11. Any vacancy occurring among the members of the board by death, resignation, or otherwise, before or after the holding of the first general meeting under this Act, shall he filled hy such person as may be appointed by the board.
Special general	12. A special general meeting of members of the body corporate for the transaction of any pai’ticular business, may at any time be called by the board, and on receiving a requisition signed by not less than twenty members, tlie secretary sball call a special general meeting of the members.
meeting.

Constitution of 13. At every annual or special general meeting of members,

general meetings.	ten members shall be required to form a quorum.
Board meetings.	14. The board sliall meet montlily, or oftener if necessary. Any elected member of the board absenting himself, without leave, from the meetings of the board for four successive months, shall be considered to have vacated his seat.

Ministers of religion	15. Ministers of religion shall, subject and according to the
to have free access to

inmates, but not	provisions of the by-laws, rules, and regulations of the body corporate,
capable of being	have free admittance to inmates, for the purpose of administering
elected to tlie board.	religious instruction and consolation to such iiimates as are of such ministers’ own denomination, but in no case sball any minister of religion, of any denomination, hi' capable of being elected or appointed as a member of the hoard.
Power to make	16. Subject to the provisions of this Act, it shall be lawful for the board to make, repeal, and altei- by-laws, rules, and regulations for regulating the times and modes of meetings and of transacting husiness, for fixing the numher of A'otes of minnhers in proportion to the amount of their contributions: Provided that any person or organisation contrihutijig twenty shillings or more shall have only one \mtc in connection with the election of directors at the annual general meeting for determining the qualification, disqualification, change, retirement, election and appointment of directors, ladies’ visiting committee, medical officers, auditors, executive and other officers, teachers, and sub-committees of the body corporate, and generally for the supjiort, management and government of the body corporate, and of all officers and pupils, and other persons obtaining relief or assistance from the said body corporate : Provided further that no such by-laws, rules, or regulations shall be in any way repugnant to or inconsistent with the provisions herein contained: And until such by-laws, rules and regulations shall have been made,
bj-laws, rules, and
regulations.

the

Act No. 10, 1905.

New South Wales Institution for the Deaf and Dumb and the Blind Incorporation.

tlie rules and regulations of the institution at present in force are hereby confirmed, and shall, except so far as repealed, alteri'd, or amended hy any hy-laws, rules and regulations made under this Act, be and continue binding on the members of the said body corporate', and all other persons, as circctually as if they had been mad*' uiuh'r this Act.

17.

sealed with the seal of the said body corporate, and purporting to lu; Ivilii'i'd,,!,,''

certified hy the president for the time heing of the said body corporati'

as heing correct, shall be received in all courts as conclusive evidemee

of such hy-laws, rules, and regulations, and of the same having been

duly made under the authority of this Act.

A printed copy of any such hy-laws, rules, and regulations, K v i d e i u p o f c o j i y <.f

18. I t shall !)(' lawful for the hoard from time to time to rowoi-of tiio honvd

invest any funds of the said body cor])oratc which are not, in the opinion of the said hoard, rc'quin'cl to dc f̂ray the current (ixpenses of the body corporate, and any moneys given or hequeatluMl to or arising from any donation of real or personal property to tlu', body corporate, at the discretion of such hoard, in any Government funds or dehentim's of the Commonwealth of Australia, or of any State of the Common­ wealth, or in any d('b(mtnres or debenture stock of any munici[)al corporation in the said States, or by way of purchase of or mortgage upon any freehold estate tlu're, as well as in hank deposits for fixed periods or otherwise, with porver from time to time, and at any time, to vary and transfer any such investnu'ut for or into any other inv('st- ment authorised by this A c t: Provided ahvays that it shall be lawful for the said board, in their absolute discretion, at any time to resort to any such investments, and to sell the same for the purpose of applying the moneys to aiise from such sale for the purposes of the said body corporate.

19. The board may from time to time elect and appoint from lioui-a u. appoint

tbeir own body a house committee and such and so many sub-corn- mittces as they may think fit, for transacting the affairs and busiiu'ss of the body corporate with and subject to such powers, privileges, provisions, and conditions as shall he expressed and declared hy the by-laws, rules, and regulations.

20. The hoard shall have power to appoint and dismiss the cmvor lo appoint

superintendent, matron, assistant secretary, teaching stall, and other

officers and servants, and to fix and regulate the salaries to be ]>aid to provide loriiie

all such officers and servants, also to make provision for the instruction

and training of teachers, and for those purposes expend such moneys

as they shall in their own discretion deem advisable.

21. No irregularity, informality, or illegality in the election or i n f o n n a i i t . v o f

appointment of any member of the board or olFicer of the body corporate

shall render illegal or invalid any act, deed, matter, or thing done or not to invalidate

executed or suffered to be done or executed hy such director or officer

in

Act No. 10, 1005.

New South WuJes In&tUiiiion fo r the D eof lUid Dumb ami the B lind Incorporation.

in pursuance of suc'u clociiou or appointment, but any sncli election or appointment may in such way as may l)c provided for in the aforesaid l)v-laws, rules, and regulations be determined by resolution to be good or bad and, if bad, the vacancy may be supplied in such way as may he provided for in such hy-laws, rules, and regulations, the provisions whereof as to the validity of any such election or appoint­ ment, and the acts, deeds, or things done hy any member of the hoard or officer in pursuance of any such election or appointment shall have the force and effect of law.

Power to make and

alter common seal,

22. I t shall he lawful for the said hoard to design at any time, and from time to time to change or alter, the eommon seal of the said body corporate. Such seal shall he in the custody of the president and one other member of the hoard, and a majority of the members of the hoard j)i’csent at any duly constituted meeting of the hoard shall have the power to use or direct the use of such seal for all purposes re(]^uiring to be evidenced by the corporate seal of the body corporate. The fixing of the said common seal to any document shall not ho complete without the signatui-es of three members of the Board: Provided that it shall not he necessary to require' such seal to he affixed as evidence of the ap2:>ointment by the said body cor])orate of an attorney or solicitor in or for the prosecution of any action, suit, or other proceeding.

and affix same.

Notice and service. 23. Notice to or service ui)on tlu' sccn'tarv of the said hodv i- t' t-

corporate in his official capacity shall be deemed to be a notice to or

service upon the body corporate.

Indemnity to	24. The members of the board for the time being of the said body corporate shall he respectively chargeable only for such moneys, stocks, funds, and securities as they shall rerqiectively actually receive, notwithstanding their res[)ectively signing any receipt for the sake of conformity, and shall he answerable and accountable only for their own acts, receipts, neglects, or defaults, and not for those of each otlu'r, nor for any hanker, broker, or other person with whom any trust moneys or securities may he deposited, nor for llu' insufficiency or delieiency of any stocks, funds, or securitic's, nor for any other loss, unless the same shall happen through their own wilful default respectively.
menibera of tlie
board.

Act