Prince Alfred Memorial Hospital Site Dedication Act 1873 No 23a (NSW)

1873. 36° VIC. No. 28.

Trince Alfred Memorial Hospital Site Dedication.

No. XXVIII.

An Act to autliorize tlie resumption by tlie CroAvn and dedication as a site for the Prince Alfred Memorial Hospital of a portion of the Land i^ranted to the

University of Sydney. [25 /̂i April, 1873.]

"VJI^HEREAS l)y a Deed of Grant under tlie Great Seal of the Colony Preamble.

T T and dated the eighteenth day of January in the year of onr

Lord one thousand eight hundred and fifty-five the land in the said deed particularly described was granted unto the University of Sydney and their successors for ever for the purjioses and upon the trusts therein specified and declared as to four several portions of the said land so thereby granted to consist each of not less than eighteen acres to he selected by the Senate of the said University that is to say as to one such portion of the said land thereby granted upon trust when and so soon as a College in connection with the United Church of England and Ireland shall have been duly established and incorporated as a College Avithin till' said UniA’crsity and the founders thereof or subscribers to the same shall have complied Avith the conditions of public endowment mentioned in tlu' Act of the Governor and Legislatwc Council passi'd in the eighteenth year of Her Majesty’s Ileign intituled “An Act to

“■provide for the estahlishment and cndoianent of Colleges ivitliin the “ University o f Sydney” to make and execute a snh-grantof such piece

or parcel of land to Trustees for such College for the purposes and upon the conditions thereinafter in the said deed of grant mentioned And as to each of the three other such portions of the land by the said deed granted to the said UniA’crsity upon the like trusts for a College in connection Avith each of the respeetiA’O Churches of Home Scotland and tlie Ecligious Society dcnoininati'd “ "Wesleyan Alcthodists ” when such Colh'gc should have been in like manner established and incor- porati'd as a College Avithin the said UnWersity and the founders thereof or subscribers to the same should have' complied Avith the said conditions of public endoAvmcnt respectively And Avhereas it Avas in the presents noAV under recital provided that the said University should not he obliged to make any such snh-grant upon trust for any or either of such Colleges AAdiich should not huAu; become so established and incor­ porated or Avhereof the founders or suhscrihers to the same should not haA"c complied with the said conditions of public endowment Avithin five years from the date of the issue of the said presents And it aaus therein further proAuded that if any or either of the above declared trusts should lapse by reason of such failure as in the preceding ])roviso mcntioni'd or if any or ('ither of thi' said four portions of hmd so set a]Aari, for sub-grants as thereinhefore provided should after tlie sub­ grant theri'after (in accordance Avith the provisions therein contained) become rcAXstcd in the said University under or by Aurtuc of the said proA'iso then and in cither of such cases the said University should hold the portions or portion of land in respect of AA'liich any such lajise should huA'C occurred or Avhieh should haA'c become rcA’Csted as afore­ said upon trust to make and execute such sub-grant or sub-grants thereof or of any portion or yiortions thereof rcspcctiA'ely as should he in that hidialf directed by tlie CoA'crnor for the time-being with tlie advice of the Executive Council upon trust for such College or Colleges

within

60 No. 28. 36̂ VIC. 1873.

Trince Alfred Memorial Sospital Site Dedication.

within the said University as the said Governor and Executive Council should think tit and as should he in Her Majesty’s behalf named and declared hy an instrument or instruments to he executed by the Governor for the time-being under the Great Seal of the Colony And whereas one of such portions of land so set apart as aforesaid being the portion selected hy the Senate of the said University for the Heligious Society denominated “ Wesleyan Methodists” in accordance with tlie provisions in the said deed contained in that behalf has lapsed hy reason of the non-compliance of the said lleligious Society as aforesaid with the said conditions of public endowment within the said period of five years And whereas it has been considered desirable that so much of the said lapsed portion of land as is more particularly describtsd in the Schedule hereto shall he resumed hy Her Majesty her heirs and successors in order that a grant thereof should in accordance witli the conditions and subject to the trusts hereinafter specified and declared be made to the subscribers towards a fund to he devoted to the erection of a hospital to commemorate the preservation of the life of His Royal Highness Prince Alfred udiich said subscribers were incorporated hy an Act of the Legislature passed during this present session of Parliament hy the name of “ The Prince Alfred Hospital” And whereas the Senate of the said University have consented to such resumption and grant and the Trustees of the said fund on behalf of the said subscribers thereto are desirous that the same should he carried into effect Be it therefore enacted by the Queen’s Most Excellent Majesty hy and with the advice and consent of the Legis­ lative Council and Legislative Assembly of Kew Soiith Wales in Parliament assembled and by the authority of the same as follows :—

Reeumption of part	1. The land described in the Schedule hereto and being part of the said laj^sed portion of land hereinbefore referred to and containing hy admeasurement eleven acres three roods and twenty-six perches more or less shall he and the same is hereby resumed by Her Majesty her heirs and successors free from all trusts conditions and provisions respecting the same contained in the said in part recited deed of grant
of University land
by the Crown
and vesting thereof
in the “ Prince	and the said land subject to the conditions reservations and provisions
Alfred Hospital.”	hereinafter contained shall be and the same is hereby vested in the said body corporate so incorporated hy the name of the “ Prince Alfred Hospital.”
Conditions on which	2. Tho Said hody Corporate shall hold the said land suhiect to the conditions reservations and provisions tolloAvmg that is to say—
land IS to bo neld.	, , n. , . ^ . .

(1.) They the said body corporate shall within three years from, the time of the passing of this Act commence the erection of the hospital mentioned in the next jneceding section.

(2.) They shall expend on the erection of tho said hospital and the buildings connected therewith a smn of not less than fifteen thousand pounds.

(3.) The said hospital when completed and ready for tho reception of inmates shall he open for the reception of all persons without any distinction whatsoever.

(4.) The said hody corporate shall reserve for the establishment hy the University of a medical school in connection Avith tho said hospital a portion of tho said land not being less than tAvo nor more than three acres.

(5.) They shall make proper provision for the drainage and scAverage of the said hosj)ital and carry out the same subject to the approval of the Senate of the said University.

(6.) They shall submit for approval of the said Senate all plans and elevations for the said hospital and for all buildings connected therewith and also all plans for laying out tho grounds to he used in connection with such hospital and buildings.

(7 .)

1873. 36‘' VIC. No. 28.

Frinec Alfred Memorial Ilospilal Site Dedication.

(7.) There shall he reserved for the use of the puhlic a road or pathway through the said portion of land of such width and hetween such points as the Governor with the advice of the Executive Council may prescribe in that behalf.

And upon the breach of any of the said conditions it shall he lawful for the Governor with the advice of the Excentive Council to resume the said })ortion of land together with all buildings erected thereon for the use of Her Majesty her heirs and snccessors.

3. Notwithstanding anything to the contrary contained in the ,

C J t / o f j T Y i f 'c l u 'f i l n i i f l P i i v < r i ( ’ n .l

'■Prince Alfred Hospital A c t” all appointments of the medical or officers of Hospital.

surgical olhccrs of the said Hospital shall he vested in a Board to

consist of the Senate of the said University and the Directors of the

said Hospital acting conjointly and the poAver of making any such

appointment may he exercised at any meeting or adjourned meeting

of such Board hy a majority of the memhers thereof at Avhich meeting

there shall be present not fcAver memhers than a quorum of such

Senate as defined hy the Act sixteenth Victoria number tAventy-eight and a quorum of the Directors of the said Hospital.

d. It shall he laAvful for the Senate of the said University to Uy-inws regulating

make hy-laAVs regulating the mode of appointment of the professors

and lecturers on the stalf of the said medical school and for the Board	studies in hospital
described in the next preceding section to make hy-laAVS regulating the mode in AAdiich the students of the said medical school shall haA'c access to and the course of studies to he pursued in the said hos])ital And such hy-laAAAs shall on apjiroval hy the GoA'crnor Avitli the atlvice aforesaid he binding on the said University and on the Prince Alfred Hospital and shall he laid before Parliament Avithin fourteen days after such approval if Parliament lie then sitting and if not then a\ ithin fourteen days after the commencement of the next ensuing session thereof.
5. This Act may he cited as the “ Prince Alfred Memorial Ifospital Site Dedication Act 1873.”

SCIIEDIJLE.

Eleven fieres tliroe roods six peivlies coimt̂ ̂of Cumberland pnrisli of Petersliam (portion ol'the University J;ands) Coimnoncinj; on the eastern buildingdinc of the Missenden Hoad at tho soutbern corner of the St. .Tcdin’s College gi-ant and bounded tbenco on the west by that buildiugdine bearing south twenty-four degrees twenty-sis minutes cast eight chains and nine links on the south by a lino bearing sixty-five dogree.s thirty-four minutes cast nine chains and llfty-four links to tho left bank of a watcrcour.se on the east by that watercourse downwards to its intersection therewith by tho north­ easterly prolongation of tho south-eastern boundary of the aforesaid St. John’s College grant and on the north-west by a lino partly forming tho south-eastern boundary of that grant bearing south thirty-tour degrees thirty-live minutes west thirteen chains and forty-four links to tho point of commencement.

No. XXIX.