Public Hospitals Act 1898 (NSW)

Act No. IG, 181)8. 153

Public Hospitals.

Act No. IG, 1898.

An Act to consolidate the Acts relating to Public public hospitals.

Hospitals. [27fh July, 1898.]

T ) E it enacted by tlie Queen’s Most Excellent Majesty, by and with JL) the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows :—

PART I.

Preliminary.

1 . This Act may be cited as the “ Public Hospitals Act, 1898,” Short title,

and is divided into Parts, as follows :—

PART I.—Preliminary—ss. 1-3.

PART II.—Election ayul appointment of officers—ss. 4-11.

PART III.—Hospital property and legal proceedings—ss. 12-18.

PART IV.—Supplemental—ss. 19-21.

2. (1) The Acts mentioned in the First Schedule to this Act Repeal.

are, to the extent therein expressed, hereby repealed. First Schedule.

(2) All persons appointed or elected under the Acts hereby officers under Acta

repealed, and holding office at the time of the passing of this Act, shall >'ereby repealed,

be deemed to have been appointed or elected hereunder.

(3) All rules, regulations, or bydaws made under the authority Rules, regulations,

of any Act hereby repealed, and being in force at the time of the passing by-iawa under

of this Act, shall be deemed to have been made under the authority repehecr ^

of this Act.

3. This Act shall apply-- Application of Act.

(a) to the hospitals mentioned in the Second Schedule hereto; n Vic. No. 59, Preamble, and s. 11,

(b) to any hospital to which the Governor is authorised to extend and extends the provisions of this Act as hereinafter provided.

PART II.

Election and appointment of officers.

4'. Tlie Secretary, under the authority of the committee, o" every Meeting for election

hospital shall call an annual meeting, to be held in January of, the con- of _

tributors to such hospital for the election of trustees (who shall not exceed	J	’
five in number), committee, auditors, and other elective officers.

154   Act No. 16, 1898.

Public Hospitals.

Contributors who 5. Any contributor shall be qualified to vote at any annual or

may vote.	special general meeting on any question brought before such meeting,
11 Vic. No. 59, 3. 0.
58 Vic. No. 6, s. 4.	or to vote for any elective officer nominated at such meeting, if—

a) in the case of the first annual meeting after the extension of the provisions of this Act to such hospital, or in the case of any special general meeting, he has paid to the hospital a con- triubtion of one pound sterling at the least within twelve months before such meeting ; or

(fe) in the case of any subsequent annual meeting, he has paid to the hospital a contribution of one pound sterling at the least between the commencing of business at such meeting and the commencing of business at the preceding annual meeting ; or

(c) in any case he has paid to the hospital a contribution of ten pounds sterling at the least in one sum.

Qualification of 6 . ( 1) Any contributor to any hospital qualified to vote as afore­

officers.

said may be nominated for and elected to any elective office of such

Ibid. s. 2.

hospital, and any person, whether a contributor or not, may be nomi­

nated for and elected to the office of auditor.

Nomination.

(2) No person shall be elected to any elective office unless at a meeting for such election he is proposed and seconded by two contributors qualified to vote, and is with his own consent nominated in writing.

Advertisement.

(3) Every meeting for election of elective officers shall be advertised in the nearest local paper at least a week before the day on which such meeting is to be held.

Adjournment of

annual or special 7. If at any annual or special general meeting at least ten

general meeting if	contributors qualified to vote do not assemble and proceed to business
ten contributors
qualified to vote	within one hour from the time fixed for the meeting, no election shall
shall not be present.	be made, nor shall any business be done at that time ; but in such
11 Vic. No. 59, 3. 8.	case there shall be another meeting at the same place, and at the same hour of the same day in the following week, and at such other meeting any number of contributors more than three qualified to vote shall constitute a meeting.
Adjournment of	8. If at any meeting the number of persons nominated for any shall be adjourned to a day not less than seven nor more than fourteen days after such adjournment, and the secretary shall fix such day, and shall notify the same by advertisement in the nearest local paper, and shall also forthwith transmit by post or otherwise to every contributor qualified to vote a voting paper initialled by the secretary, containing the names of all the persons duly nominated. The said contributors shall strike out of such voting paper the names of the persons for whom they do not desire to vote and shall enclose the voting paper in an envelope endorsed “ voting paper,” and enclosed in another envelope bearing
election—absent
voting.	elective office is greater than the number to be elected, the meeting
58 Vic. No. 6, 3. 3.

the

Act No. 16, 1898. 155

Public Hospitals.

the voter’s signature inside, and shall return the voting paper enclosed as aforesaid to the secretary not later than the day before the date of the adjounred meeting. All such envelopes endorsed “ voting paper ” as aforesaid shall be handed by the secretary to the scrutineers appointed at such meeting, who after counting the votes shall present a signed return to the adjourned meeting, showing how many votes were recorded for each person nominated, and the chairman of such meeting shall declare those persons elected who have received the majority of votes.

9. If any trustee of any hospital dies, or is absent from New Vacancies how to

South Wales for more than twelve months, or resigns, or refuses, or	"p-
becomes non compos mentis, or otherwise incapable to act as trustee, ̂i	No. 59, a. lo.
a special general meeting shall be called by the secretary under the authority of the committee, and the election of a successor shall be made in the same manner as at an annual meeting, and the person so elected as trustee shall, to all intents and purposes, be vested with the same rights, powers, and authorities in law as the person in whose place he has been elected.

10. When any member of the committee of any hospital dies, v<acaiieies in corn­

er resigns, or becomes non compos mentis, or refuses, or becomes other-	how filled,
wise unable to act as a member of such committee, the committee may declare that such person has ceased to be a member of such committee, and may appoint a qualified person in his place ; and the person so appointed shall have the same rights, powers, and authorities as the person had in whose place he has been so appointed.

11. The committee of any hospital shall annually appoint a Committee to

treasurci’, and shall also appoint a secretary, medical officer, warden,'‘Pi’®"'*'

matron, and any other officer or servant they may deem necessary for

the efficient working of such hospital.

PART III.

Hospital property and legal proceedings.

12. (1) All proceedings at law or in equity, by or on behalf of EnabUi treasurers

any hospital, or wherein any hosjiital is interested or concerned, may

of hospitals to sue.

be commenced and prosecuted in the name of the person who is treasurer of such hospital at the time any such proceeding is instituted as nominal plaintiff for and on behalf of such hospital, and such proceedings may be prosecuted and carried on in the name of such treasurer to their final termination, notwithstanding any change in the said office of treasurer during the progress of such proceedings.

(2) The treasurer of any hospital may institute and prosecute Treasurer to recover

in his own name, for and on behalf of the committee of such hospital patients,

and by their direction, proceedings against any person who has received No. 3, s. 2.

medical

lofi Act Xo. IG, 1898.

JPnhlic ITo^pitaJs.

medical or surgical treatment in sucli hospital, or against the executors or administrators or the curator of the estate of any such person, for the recovery of fees and remuneration for such treatment, and such proceedings may be taken either in the district Court or Court of Petty Sessions of the district in which the hospital is situated, or of the district in which the person resides.

Properly may be 13. In any information or indictment against any person for laid m the treasurer, embezzling. Stealing, or in any manner defrauding any hospital, any

11 Vie. No. o9 ,3.2. p j . Q p e p ^ ; y q{ guch liospital may be st.ated to be the property of the treasurer thereof for the time being ; and no change in the office of such treasurer during the progress of any prosecution shall abate, or in any manner affect such prosecution.

Actions against any	14. All proceedings at law or in equity against any hospital may
hospital to be

prosecuted against	be commenced and prosecuted against the treasurer thereof for the
the treasurer.	time being as the nominal defendant for and on behalf of the said hospital;
Ibid, 9. 3.	and such proceedings may be prosecuted and carried on against such treasurer to their final termination, notwithstanding any change in the said office of treasurer during the progress of such proceedings.
Treasurer to be

reimbursed. 15. Any treasurer in whose name any such proceeding is com­

Jbtd, s. 3.

menced, prosecuted, carried on, or defended, shall, in all cases, be reim­

bursed and paid out of the funds of the said hospital.

Memorial of the

name of the16. A memorial containing the name of the treasurer for the

treasiirer'of hospital time being of every hospital, in the form and to the effect set forth in to be recorded ill Third Schedule hereto, signed by such treasurer, and by a majority

Registrar-General,	of the Committee, aiid Verified on oath by one or more credible witnesses,
ihid. 3. 4.	shall from time to time, as occasion may require, be recorded in the office
of the Registrar-General, and no action, suit, or other proceedings shall be brought by any hospital until such memorial has been so recorded by such hospital, and the treasurer named in such memorial shall be held to be the treasurer of the hospital recording the same.

Property of any	17. The trustees of any hospital and their successors shall be
liospital to be

vested in trustees	capable of taking and holding all lands granted, conveyed, or bequeathed
thereof.	to such hospital, and all such lands shall be vested in such trustees respec­
Ibid. s. 5.	tively ; and such trustees may permit the committee of any such hospital to build on and use such lands in such manner as the committee may deem expedient for carrying out the objects of such hospital.

Trustees to invest 18. The Trustees of any hospital may invest any funds thereof

funds of hospital.	which the committee direct the treasurer to hand over to such trustees
45 Vie, No. 3, s. 1.	from the funds in his hands or otherwise, and also any moneys given or bequeathed to or arising from any donation of real or personal property to such hospital, at the discretion of such trustees, in any Government funds or debentures of any Australian colony, or in any debentures or debenture stock of any municipal corporation in the said colonies,

or

Act No. 1(), 1898. 157

Public Hospitals.

or of any bank or incorporated company carrying on business therein, or by way of purcliase of, or on first mortgage upon, any freehold estate within New South Wales, or in bank deposit receipts for fixed periods or otherwise, with power to pay and transfer any such investment for or unto any other investment authorised by this Act :

Provided that the committee may with the consent of the said trustees in their absolute discretion at any time resort to any such invest­ ments and sell the same for the jrurpose of applying the moneys to arise from any such sale for the purposes of such hospital.

PAKT IV.

Supplementa'.

19. The committee of every hospital shall make rules for the Committee to make

conduct of business at meetings of the said committee, and generally

for the management and control of such hospita'.

20. The Governor may, by proclamation published in the Gazette, Extension of Act.

extend the provisions of this Act to any hospital to be maintained partly ii vio No. 59,

by private contributions and partly by aid from the public funds and

not mentioned in the Second Schedule hereto.

21. Whenever the provisions of this Act are extended to any Effect of extension

hospital, the elective officers of such hospital holding office at the date ‘“'y

of the proclamation shall continue in office and have the same rights,	g ̂ §
powers, and duties as if duly elected under the provisions of this Act.

SCHEDULES.

FIRST SCHEDULE.

Eeferenco to Act. 7 it)c or .'liort litli'. Exit nt of RcjKttl.

11 Vie. No. 5‘J .. All Act to enable certain |)uhlic lio.spitals to sue and bo The unrepcaled

sued in the name of their treasurer, and to provide

2''^rtion.

for the taking and lioldiiig of real property belong­

ing to such hospitals respectively.

45 Vic. No. 3 .. An Act to amend the Hospital Acts, and to enable The whole

trustees thereof to invest the funds of such hos­

pitals.

58 Vic. No. 6 .. An Act to further amend the law relating to the The whole,

management of hosjiitals. I

SECOND

158   Act No. 16, 1898.

Public Hospitals.

Section 3 (a). SECOND SCHEDULE.

List of Hospitals.

Wlien brought When brought

Hospital. .Hospital.

under Act. under Act.

Adelong .. .. 12 April. 1861 Maitland .. . . .. 11 Vic. No. 59

Albury .. .. 16 Aug., 1860 Manly Cottage Hospital... 26 June, 1896

Armidale . . .. I Fob., 1879 Manning River . . .. 11 Jan., 1889

Bathurst . . .. 11 Vic. No. 59 Marrickville Cottage Hos- 17 Nov., 1896

Bega .. .. 17 Dec., 1886 pital.

Berrima	..	..	17 Jan.,	1890	Merriwa	..	. .	..	10 Jan.,	1893
Bingara	..	..	- 23 Aug.,	1889	Moree	..	. .	..	30 June,	1891
Bourke	..	..	30 Mar.,	1865	Mudgee	..	. .	..	8 Jan.,	1857
Braidwood ..	..	14: May.	1858	Murrurundi	. .	..	6 Mar.,	1874

Brewarrina .. 24 Nov., 1896 Musclcbrook .., .. 15 May, 1891

Broken Hill .. 22 Mar.. 1892 Narrabri . . . . . . 7 Mar., 1882

Bull! Cottage Hospital 27 Oct., 1893 Narrandera .. .. 22 May, 1891

Carcoar .. .. 13 April. 1859 Nepean Cottage Hospital. 13 Sept., 1892

Casino .. .. 1 April, 1887 Newcastle .. .. 11 Vic. No. 59

Clarence (Lower) Hospital, 23 Sejit., 1887 North Shore . . .. 23 Aug., 1889

Maclean. Nvngan Cottage Hospital 9 April, 1897

Cobar .. .. 7 Mar., 1882 Orange .. . . .. 28 July, 1874

Coiidobolin .. 6 Mar., 1891 Parramatta . . . . 11 Vic. No. 59

Cooma ., .. 3 June, 1881 Port Macquarie . . . . 11 Sept., 1848

Corowa . . .. 12 Aug., 1892 Prince Alfred Memorial 29 Aug., 1884

Cowra .. .. 9 Oct., 1882 Hospital, Teiiterfield.

Deniliquiii . . .. 16 Doc., 1858 Queanbeyan .. .. 15 Jan., 1892

Dubbo	..	..	11 June,	1868	Scone	..	. .	..	7 Feb.,	1882
Dungog	..	..	18 Jan.,	1898	Silvertoii	. .	. .	..	4 Dec.,	1885
Emmaville ..	..	15 Feb.,	1884	St. George’s	. .	..	15 July,	1892
Forbes	. .	..	30 Aug.,	1889	Tamworth	..	..	30 July,	1862

Goulburn .. .. 11 Vic. No. 59 Wagga Wagga .. .. 10 June, 1898

Grafton	..	..	11 Aug.,	1862	Walgett	. .	. .	..	13 May,	1884
Grenfell	..	..	22 Oct.,	1887	Warialda	. .	. .	..	4 Nov.,	1882
Gulgong	..	..	24 Oct.,	1873	Warren	. .	. .	. .	28 Juno,	1892
Gundagai	. .	..	20 Aug.,	1863	Wellington	..	..	6 Mar.,	1874
Gunnedah ..	..	23 Dec..	1881	Wentworth	..	..	10 May,	1887

Hay .. .. 16 Sept., 1867 Western Suburbs Cottage 15 July, 1892

Hillgrove . . .. 27 Feb., 1891 Hospital.

Hillston	..	..	29 Aug.,	1884	Windsor	..	..	..	11 Vio. No. 59
Inverell	. .	..	15 Feb.,	1882	Wollongong	..	..	5 Oct., 1864
Junee	. .	..	7 Feb.,	1890	Wvalong ..	..	. .	12 June, 1894

Lismore . . .. S . a . G . , 2 2 D e p . , l 8 s 6 Yass . . . . .. 11 Vic. No. 59

Lithgow . . .. 15 Sept., 1893

THIRD

Act No. 17, 1898. 159

Conveyancing and Law of Proferty.

THIKD SCHEDULE.

Memorial of the name of the treasurer of the hospital at Memorial,

ill New South Wales, to be recorded in the office of the Registrar-General at Sydney, Section 10.

ill pursuance of the Public Hospitals Act, 1898. Be it known that on the

day of 18 , A.B. was duly appointed treasurer of the hospital at

A. B., Treasurer.

E. F. Being a majority G. H.

of the members of

I. K. the committee. L. M.

O.Q., of , gentleman, maketh oath and saith that ho was present

and did see the foregoing memorial signed by the above-named treasurer and

members of the committee of the hospital at

Sworn this day of , 18 .