Prince Alfred Hospital Act 1902 (NSW)
Act No. 52, 1902.
| An Act to consolidate enactments relating to tlie tkinck | mkred |
| Prince Alfred Hospital. | [26//̂ Augiist, 1902.] | h o ^ | a l . |
“O E it enacted by tlio K ing’s Most Excellent Majesty, by and with _1 J the advice and consent of the Legislative Council and Legislative Assembly of Now South 'Wales in Parliam ent assembled, and by the authority of the same, as follows ;—
1. This A ct may be cited as the “ Prince Alfred H ospital Act, siiort title.
1902.”
2. (1) The several enactments mentioned in the Eirst Schedule Repeal.
| to this A ct to the extent therein expressed arc hereby repealed. | First Seheduie. |
| ' | (2) |
404 Act No. 62, 1902.
Frince A lfred Hospital.
(2) A ll persons appointed under or by virtue of any Act hereby repealed, and holding office a t the commencement of this Act, shall rem ain in office as if this Act had been in force a t the time they were appointed and they had been appointed hereunder, and this Act shall apply to them accordingly.
(3) A ll by-laws, rules, and regulations duly made and any m atter or th ing duly done under or in accordance with any of the provisions of any Act hereby repealed and in force and operative at the commencement of this Act shall he deemed to he and to have been duly made or done under the corresponding provisions of this Act, and as if this A ct had been in force when the same were made or done respectively.
| Interpretation. | 3. In the interpretation of this Act, unless the subject-m atter |
| 36 Vic. 8. 20. | or context otherwise indicates or requires,— |
“ Body corporate” means the corporation of the Prince Alfred
Hospital.
“ The hospital” means the said hospital so incorporated as an
establishment for all the purposes of an hospital.
“ T reasurer” means the treasurer of the hospital, and includes any person appointed to act and for the time being acting in the capacity of treasurer for the hospital.
| Subscribers to | 4. A ll persons who contribute annually to the support of the contributors, and also all persons who have paid or hereafter pay one entire sum of fifty pounds towards either the erection, completion, or support of the hospital, subject to the provisions in this Act contained, shall he members of and continue to he the body corporate entitled “ The Prince Alfred H ospital,” by which name such body corporate shall continue to have perpetual succession and a common seal, and in the same name may sue and be sued, implead or be impleaded, proceed or be proceeded against in all Courts, and may prefer, lay, and prosecute any indictment, information, and prosecmtion against any person for any offence, and in all indictments, informations, and prosecutions it shall be lawful to state any property of the said corporate body to bo the property of the said corporate body in its corporate name, and to allege any in ten t to defraud the said corporate body or any of its officers to be an in ten t to defraud the said corporate body in its corporate name. | |
| Hospital to be | ||
| corporation. | hospital for so long and during such tim e as they continue to he such | |
| Ibid. 8. 1. | ||
| deal with lands. | ||
| Power to hold and | 5. The body corporate may take, purchase, hold, and enjoy not only such lands, buildings, and hereditaments as may from time to tim e be required, used, or occupied for the immediate requirements and purposes of the hospital, but also any other lands and hereditaments whatsoever, wheresoever situate, and also take, purchase, receive, hold, and enjoy any goods, chattels, and personal property, and also sell, grant, convey, assure, demise, or otherwise dispose of either, absolutely, or by way of mortgage, any of the property, real, or personal, belonging to the | |
| Ibid. 8. 3. | ||
|
| Act No. 52, 1902. | 405 |
| Frince A lfred Hospital. |
Provided tha t the body corporate shall not sell, grant, eonvoy, assure, demise, or dispose of the land granted for the purpose of the hospital, and described in the Second Schedule to this Act or any part thereof, or any land which, since the th ird day of April, one thousand eight hundred and seventy-three, has been or may at any time hereafter he granted to the liody corporate by the Crown by way of free gift unless with the approval of tlic Governor, to he testified by writing under his hand, countersigned by the Colonial Secretary, except by way of lease for any term not exceeding twenty-one years from the time of the granting of any such lease in and by which there shall be I'eserved and made payable during the whole of the term to be thereby granted the best yearly rent tha t can he reasonably gotten for the same w ithout any fine or premium.
6. (1) Tlie hospital and the property of tlie body corporate shall Hospital and
he governed, managed, and disposed of by the board of directors
thereof, subject to the hy-laws, rules, and regulations of the hospital, directors.
| (2) | The said board of directors shall consist of fifteen directors | “ • ■*> |
made up of ten directors elected by the members, and of the Chancellor of the U niversity of Sydney, the Uean of Paculty of Medicine of the said University, and three persons appointed by the Governor.
(3) Six directors sliall form a quorum of such board for the doing any act or performing or transacting any business which may, under the provisions of this Act, or the by-laws, rules, and regulations of the body corporate, be done, performed, or transaeted.
(4) W hen and so often as any person appointed hy the Governor ceases to be a director, the Governor shall appoint some other person to be a director in his place.
7. A meeting of the members shall bo held in every year, and Annual meeting,
shall be called by the boai’d of directors by advertisement in any one rud. s. 7.
or more of the newspapers published in Sydney.
8 . A t every annual meeting five of the ten directors elected Appointment of
| by the members shall retire in rotation, the directors so retiring | f̂ gVirectors |
being eligible for re-election, and five persons shall be elected directors b̂id. a. s.
according to the provisions of this Act in the room of the directors so
retiring, and if there arc more than five candidates such election shall
be hy ballot.
9. The hospital shall be entirely unsectarian in character, and Hospital to be
open to persons of all shades of religious opinion and belief, and
ministers of religion shall, subject and according to the provisions of to have free access
the by-laws, rules, and regulations to be made by the board of directors, |",apXie'rf btrng””*̂
have free adm ittance to the hospital for the purpose of giving and elected directors,
| administering religious instruction and consolation to any patients in | rreambies. lo. |
| the hospital of such m inister’s own denomination, but in no case shall any m inister of religion of any denomination be capable of being elected |
| a director of the ho.spital. | 10. |
406 Act No. 52, 1902.
Prhice A lfred Hospital.
| Power to make |
| by-laws. | 10. The hoard of directors may m ake by-laws, rules, and regulations for regulating the times and mode of meetings of members and their own times and mode of meetings and transacting business, for fixing the num ber of votes of contributors in proportion to the am ount of their contributions, for determining the qualification, disqualification, change, retirement, election, and appointm ent of directors (except as lierein provided for), medical officers, auditors, e.xecutive and other officers, and nursing staff, and subcommittees of the hospital, and generally for the support, management, and govern m ent of the hospital, and of all officers, servants, and patients thereof : |
| 36 Vic. 8. 11. | |
| Provided tha t no such by-laws, rules, or regulations shall be in any way repugnant to or inconsistent w ith the provisions of this Act. | |
| Copy of by-laws to | |
| be evidence. | 11. A C02>y of any such by-laws, rules, and regulations sealed with the seal of the body corporate, and purporting to bo certified by the secretary of the hospital as being correct, shall be received in any court as conclusive evidence of such by-laws, rules, and regulations. |
| Ibid. 8. 12. | |
| to invest funds. | |
| Power of directors | 12. The board of directors may invest any of the funds of the body corporate, which may not, in the opinion of such board of directors, be required for the current expenses of the hospital, and any moneys given or bequeathed to the hospital or arising from the sale of property granted, devised, bequeathed, or given to the hospital according to the discretion of such board of directors in any Government funds or debentures of the Commonwealth of Australia, or any of the States thereof, or in any debentures or debenture stock of any municipal corporation in the said Commonwealth, or of any bank or incorporated company carrying on business in the said Commonwealth, or, by way of purchase, mortgage, or otherwise, in any freehold estate in the said Commonwealth, with power from time to tim e and a t any time to vary and transfer any such investm ent for or into any other investment of a like kind : |
| Ibid. 8. 13. | |
| Provided always th a t the board of directors may in their absolute discretion I’esort to any such investments and realise the same for the purpose of applying the moneys to arise from the sale and realisation of the same in or towards any then current or immediate expense or requirem ent of the hospital. | |
| sub-committees. | |
| directors to appoint | 13. The board of directors shall from time to tim e elect and appoint from amongst such board a house committee and such and so many sub-committees as they may th ink fit for transacting the affairs and business of the hospital with and subject to such powers, privileges, provisions, and conditions as arc provided and declared by the by-laws, rules, and regulations. |
| Ibid. s. 14. | |
| Power to appoint |
| medical and nursing | 14. The board of directors may from time to time make |
| staff. | provision for the appointm ent and support of a medical school and a |
| Ihid. 8. 15, | nursing and training staff for the hospital. |
| Act No. 52. 1902. | 407 |
| Frince Alfred Hospital. |
| 15. No irregularity, inform ality, or illegality in tlie election or appointm ent of any director or officer of tlic hospital shall he taken or | In formality of elect ion of director |
| or otliecr not to | |
| construed to render illegal or invalid any act, deed, m atter, or thing | invalidate tliis Act. |
| done or executed or suffered to he done or executed hy such director or | 3G Vic. s. 16. |
| olficcr in pursuance of such election or appointment, hu t any such election or appointm ent may, in such way as is jirovided for in tlie said hy-laws for tlie tim e being, he determined to he good or had, and if had the vacancy supplied in such way as is provided for in such hy-laws. and the provisions of the said hy-laws for the tim e being as to the validity of any such election or appointm ent and the acts, deeds, and things done by any director or officer in pursuance of any such election or appointm ent shall have the force and elfect of law. | |
| 16. The said hoard of directors may change or alter the common S('al of the body corporate. | conniion seal. |
| Power to alter |
8. 17.
| 17. The treasurer at any time may institute and prosecute on | instituted for |
| Proceedings may bo |
| behalf and in the name of the said body corporate proceedings in any | recovering |
| court against any person Avho has received medical or surgical care | treatment in the |
| remuneration for | |
| and attention, or both, in the hospital, or against the executors or | liospital. |
| administrators of any such person, or against the cuirator of the estate | 8. 18. |
| of any such person, for the recovery of fees and remuneration for such care and attention, and any amount recovered in any such proceeding shall he applied in such way as is provided in the said by-laAvs. |
| 18. All unclaimed moneys of patients who die in the hospital | of deceased patient Unclaimed monevs |
| shall he the property of the body corporate, and shall form a distinct | to form “ Samaritan |
| and separate fund to he called the “ Samaritan Eund,” Avhich fund | Fund.” |
| sliall he managed and disposed of in such manner as hy the hy-laAVs is | s. 19. |
| provided for the benefit of the necessitous outgoing patients. |
| 19. | 'J’hc land described in the Second Schedule In-reto, containing | Land vested in the “ I’rince Alfred |
| hy admeasurement eleven acres three roods and twenty-six perches, | Ho.spital.” |
| more or less, subject to the conditions, reservations, and provisions | 36 Vie. No. 28, s. 1. |
| hereinafter contained, is hereby declared to he vested in the body | Second Schedule. |
| corporate. | |
| Conditions on which | |
| 20. (1) The body corporate shall hold the said land subject to the conditions, reservations, and provisions folloAving, tliat is to | land is to be held. |
| IluW. s. 2. |
| say— | ^ |
| (̂ 0 | the hospital shall he open for the reception of all persons |
| Avithout any distinction Avhatsocver ; | |
| W | tin; body corporate shall reseiwe for the medical school established hy the University of Sydney in connection Avith |
| the hospital a portion of the said land not being less than two nor more than three acres; | |
| (c) | the body corporate shall m ake proper provision for the drainage and sewerage of the hospital, and carry out the same suhjeet to the approval of the Senate of the University ; |
(cl)
408 Act No. 62, 1902.
Prince Alfred Hospital.
{d) the body corporate shall submit for approval of the said Senate all plans and elevations for the hospital and for all buildings connected therewith, and also all plans for laying out the grounds to he used in connection with the hospital
| and | build ings; |
{e) there shall be reserved for the use of the public a road or pathway through the said land of the width and between the points prescribed by the Governor.
(̂ 2̂) Upon the breach of any of the said conditions the Governor may resume the said land together with all buildings erected thereon for the use of His M ajesty, his heirs, and successors.
Power to appoint 21. N otwithstanding anything to the contrary herein contained officerforhospitaT.*'' all appointments of the medical or surgical officers of the hospital shall
36 Vic. No. 28, 9.3. be vcstcd in a board, to consist of the Senate of the said University
and the directors of the hospital, acting conjointly, and the power of m aking any such appointm ent may be exercised at any meeting or adjourned meeting of such board by a majority of the members thereof, a t which meeting there shall he present not fewer members than a quorum of such Senate as defined by section thirteen, subsection three of the University and University Colleges Act, 1900, or any enactment amending or consolidating the same, and a quorum of the directors of the hospital as herein provided.
By-laws regulating
| appointments, &c., | 22. The Senate of the said University may make by-laws regu |
| in medical school | lating the mode of appointment of the professors and lecturers on the |
| course of studies in | |
| hospital, &c. | staff of the said medical school, and the board described in the next |
| Ihid, 8. 4. | preceding section may make by-laws regulating the mode in which the students of the said medical school shall have access to and the course of studies to be pursued in the hospital. And such by-laws shall on approval by the Governor be binding on the said University and on the body corporate, and shall be laid before Parliam ent Avithin four teen days after such approval, if Parliam ent be then sitting, and if not, then within fourteen days after the commencement of the next ensuing session thereof. |
SCHEDULES.
FIEST SCHEDULE.
| Keference to Act. | Short title. | Extent of repeal. |
.36 Vic. ... ... Prince Alfred Hospital xVet ... ... ... The whole. 36 Vic. JNo. 28 ... Prince Alfred Memorial Hospital Site Dedication The whole.
Act, 1873.
| Act No. 53, 1902. | 409 |
Savings B a n k o f New South Wales.
SECOND SCHEDULE.
Eleven acres three roods six perches, county of Cumberland, parish of Petersham (portion of the University lands) : Commencing on the eastern building-line of the Missenden-road, at the southern corner of the St. John’s College grant; and bounded thence on the west by that building-line bearing south twenty-four degrees twenty-sis ininiitcs east eight chains and nine links ; on the south by a line bearing sixty-five degrees thirty-four minutes east nine chains and fifty-four links to the left bank of a watercourse ; on the east by that watercourse downwards to its intersection therewith by the north easterly prolongation of the south-eastern boundary of the aforesaid St. .John’s College grant ; and on the north-west by a line partly forming the south-eastern boundary of that grant bearing south thirty-four degrees thirty-five minutes west thirteen chains and forty-four links, to the point of commencement.
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