Royal Alexandra Hospital for Children Incorporation Act of 1906 (NSW)
iVct No. 8, 190G.
Royal Alexandra Ilospital for Children Incorporation.
Act No. 8, 190().
R o YAI. Ar.KXANDItA
All Act to incor[)oratc and otlicrwisc ])i‘Oinotc
| H o s p it a l | io k |
CiiiLimLN’
| I n c o r p o r a t io n . | tlie olijccts of the Royal Alexandra Hospital | |||
|
| Prcamblo. | T E T H E R KAS in the yo:u' one thousand | hundred and sevcnly- |
| \ T | niu(' a society or institution -was established, known as tlic |
Sydney Ilospital for Sick Childrt'ii, having' for its object to afford medical and surti'ical relief to tlu' children of poor and destitute persons and others re([uii'ing such aid : And wlu'reas, with Die sanction of Ills Alajesty the Kiiic: and Her Afajt'sty the (yieen Alexandra, the name of the said hospital was duly changed, as and from the fourth day of klay, one thousand nine hundred and four, to the Royal Alexandra Hospital for Children : And whereas certain freehold and leasehold lands ])articularised in the first and second parts of the Schedule to this Act are now vested in the persons whose names appear opposite such lands in the said Schedule, subject to such incumbrances as ai'e therein referrc'd to, upon certain trusts for the benefit and ])urposcs of the said institution : And whereas buildings for the purpose's of the said institution have been and arc being erected on the said lands for the purposes of the said institution ; And Avhereas large sums of money have been bequeathed or given to the said institution for its maintenance and endowment by persons of all shades of religious ojiinion and belief, and it is deemed expedamt that the said institution shall be ('utirely unscctarian in character : And whereas the said institution is pos.scssed of money, the aforesaid lands, buildings, and othf'r securiti('s and property ; And whereas, in ord('r to more effectually and economically carry out tlu' objects of the said institution, it is (h'l'ined ('xpodient that their pi'operty, rights, and liahilities should b(' la'spcctively transferred to and vested in the said body corporate : Re it then'fore enacted by the King’s î ôst Excelh'nt iMajesty, by and ovitb the advice and consent of the Legislative Council and Lcgislativi' Assembly of Xew South IVales in Rarliaim'iit assi'mblcd, and by the authority of the same, as follows :—
| 81iort title. | 1. This Act shall be citi d as the “ Royal Ah'xandra Ilospital |
for Children Incorporation Act of 190(5.”
| Iiiierjirptiitioii. | 2. The words “ body corporate” in this Act shall in all cas('s mean the Royal Alexandra Hospital for children as ineoi'porat('d under this Act. |
The word ‘A)oard" shall mean the board of management as the same shall for tlu' timelx'ing and from titne to time consist and be constituted.
The
Act No. 8, 1906.
lloyal Alexandra Ilospital for Children Incorporaiion.
The 'words “ hy-law, rules, arid rer^ulatious” sliall mean llie
by-laws, rules, and regulations ol' the said body corporate
'I’lic word “ institution” sliall mean the Royal Alexandra ilospital
for Cbildrc'ii.
The word “ bc'm'faetor” shall mean—
| (a) | any person 'wlio has already subscribed, or "wbo, aftei' the passing of this Act, sliall subscribe to the funds of tbe said hospital a sum of not less than lil'ty pounds a\ ilhin any period of six montlis : Provided, however, that in the case of a partmu'ship, company, cor[)oration, association, or socii'ty making such subscripition, tbe board shall be eutitl(‘d to nominate tin* peu'son entitled to be a benefactor in res]!cct of such subscrijit ion ; |
| (b) | any jierson who has already beem nominated, or Avho, after the jiassing of this Act, shall be nominated as a benefactor by a testator beiiucatbing to tin' funds of the said hospital a sum of not h'ss than one hundred pounds, or failing such nomination an ('xccutor of such testator: Providial, bow- evei', that no testator shall be (mtitled to nominate more than one benefactor ; |
| (c) | any minister of religion whose congregation has already subscribed, or Avbo shall afti'r the passing ol' this Act subscribe, a sum of not less than lifty ])Ounds within one year to the funds of the said hospital; |
| (d) | and any honorary consulting physician, honorary consulting surgi'on, honorary physician, and honorary surgeon of the institution n'liikd in ollice. |
The word “'member” shall mean any person Avlio shall subscribe to the funds of the said hosjiital a sum of not less than ten shillings annually : Provided, howc'ver, that any person whose subscription for any year remains unpaid on tbe tbirty-llrst day of Decemlier of such ycrir, shall cease to be a member: Provided also, that no subscriber other than a benefactor shall b(' entith'd to vote at any (deciion wbo has not ]>aid his subscri])! ion at. h'ast three months ]>rior to such (dection.
The word “ treasurer” shall mean tbe treasurer for tbe time b('ing, or any pm'.'̂ on appi.'iuted and for the time being acting in the cajiacity ol' treasuri'r cd' the said hospital.
The word “ seci'etary ” shall unvin the secretary for tlu' time being, or any person apjiointed and for tlu' time being acting in the capacity of seeiaTary of the s:ud hospital.
3. On and from and after the passing of this Act, all persons Boiu'f.irtors and
| who shall be lumefactors or members of tbe said institution at the | ^ |
| jiassing of this Act, and all other persons Avho shall thcrcafti'r become benefactors or nunnbers of the saiil institution, shall be, subject to tbe |
provisions
Act Xo. 8, 1900.
lloyal Alexandra, Ilospital for Children Incorporation.
provisions in this Act contained, a hody corporate hy the name of the lloyal Alexandra Hospital for Children, hy which name snch hody corporate shall have pcM'pcttial succession and a common seal, and in the same name shall ami may su(' and he sued, proceed or h(' proceeded against in all courts.
All I rust in’ojxTt v I o
| be ve.-t c(l ill 1)0.1}’ | 4. All real and ja'-rsonal c.state which is now or Jnay hereafter |
| corporate'. | at any time he A'ested in and held by any person or persons in trust for the said institution, is and shall he hereby transferred to and vested in the said hody c.)rporat(% subject to any existing incumbrances tlun-cto, excepting any real or personal estate held in trust for the said institution, an ! whi(di would be forfeit('d in the (‘vemt of such property being divested fi'om the trustees tlnueof. |
| Expre.'S trusts to )h' | |
| dea l t with specially. | 5. All property so vested iii t;:e said body (iorporate, so far as the same or any part tlua-eof is affected by any express trust, shall be ludd, manag('d, and dealt with by the said hody corporate', suhjc'ct to, and in conformity rvith. such ('xpressc'd trusts. |
| Pow er to hold and |
| dual witli lauds, k<\ | 6 . It shall be lawful for the said body corporate to take, |
piircliasc, hold, a’ud enjoy, not only such lands, buildings, and heredita ments as may from time to time be required for t.lui purposes of the said institution, l)iit: also any other lands and hereditaments wlmtsoever and Avherc'soevcr situate, and also to take, purchase, receiv(', hold, and enjoy any chattels and personal ])roperty, an:l also to sell, grant, convey, demise, or otherwise dispose of, either absolutely or by rvay of mortgage, any of the ])roperly, real or personal, Ijclonging to the said body corporate.
| Property | of | ins t i tu |
| tion to be imina|.,n‘d | 7. Th(' said institution and tlie property of the said body |
| by board. | corporate shall hi; gov('rned, maaag('d, and disposed of by the board of management of tlu' said institution for the time beiiig subjc'ct to the by-laws, rules, and regulations for tlu' time bc'ing of the said institution, |
| S i \ inejiibers to form | and six iiunnbers of the board shall form a (piorum of such board for |
| a quorum. | the doing any a<‘t or performing or transacting any business which may, umh'r the provisions of this Act, oi' the l)v-laws, rules, and regulations of the said body cor])orat(', be done, performed, or transacted by such board. |
| management. |
| Board | of | 8 . The board shall, for all ])urposes connected with the said institution, he the rejnrsi'nlativt' of the said body corporate, and shall consist of a presideiit, two vica'-presidents (om' of tlu'se being a female), treasurer, secretary, niue female nn'inbei-s, and seven male members, together with those persons who at the tiling of the passing of this Act are life members of tlu' board of managenu'nt, aiul two represemtative members to be annually elect('d by tlu' lionorary medical and surgical oflicers of the said hospital : Provided tliat no j>aid ollicial shall be entitled to a seat on the board. |
| Firs t | board. | 9. A general jneeting of the benefactors and members sliall bo held within two months after the passing of this Act for tin' purpose of |
electing
Act No. 8, 190G.
lloyal Alexandra Hospilal for Children Incorporation.
electing a president, two vic('-presid('nts, ti'easni'cr, sc'cretary, and sixteen members, ndio, iogethei’ Avitli tliose ])0!'s:)ns who ai'c life members oF tlie board of managenn'nt at llu' tinn' oF ilu' passing oF tiiis Act and tbe two n'pri'si'iitat i\'t' menib('rs eli'cled as aforesaid, shall colb'ctividy form the lirst board nndei' tin' Act, and until tlie said cb'clion shall have talcen ])lac(' tbe I'xisting board oF managi'inent sliall conliniK' to mana'4’1' tli(' said institution.
10. Till' president, vice-prc'sidents, treasurer, and secretary shall lUi'nion of
b(' elected annually at tlu' annual meeting of the benefactors •‘I'ul
| niembers, which shall hi' lu'ld in tbe .month of | March, or as s o o n tn 'o s u rc r . ’.M'cn'tirv, |
tbereafti'r as tbe board may di'i'in advisable, and of tin' î iine Ihnnale
members of the board Four shall retire annually, and of tlie seven nuvtino.
male meml)('rs of toe board thri';' shall retiri' annually, the ri'tiring
nu'iulK'rs of the board being tliosi' whose atti'iidanci' at the meetings
of till' board shall bav(' bi'i'ii the lea'̂ t numerous. And Avlieri' any
doubt shall ('xist as to lb('menibi'i's of tbe board to retire undi'rtbis
jirovision tbe board shall deteriniin' the matter by ballot, but the
retiring nu'mbers shall in every yi'ar be ('ligibh' for rf'-eb'ction.
| 11. Any vacancy occurring among the menibers oF tin' board | liow |
| by death, resignation, or otlu'rwisi', befoi'i' or after tin' bolding of tlu | l i l l r d . |
| lirst general meeting undi'r this Act, shall be tilled by such jx'i'son as may be a]ipoint('d by llu' boa.rd, and any person so appointi'd sliall rt'tire at t,li(' next general nu'eting, but shall b(' ('liaible for re-eh'ction. |
12. A special geiu'i'al im'f'ting of tb.e bi'iiel'actors and nu'inbers Sprciai f̂ cncrni
of the body corporate l‘or tin' transact ion of any ])ai ticnlar busim'ss, may at any time be ealh'd by the hoard or pri'sident, and on I'eceiving a requisition sigiu'd by not less than niiu' bi'iieracfors or members of tbe body eor[)orate, tbe seeretaiy shall call a spf'cial gi'neral meeting of tbe memlu'rs of tlu' body corpoi'at('.
| 13. At ev('ry annual or spf.'cial geiu'i'ed | incc'ting of benel'afdors ( ju o n m i at ■iciuTai |
and mt'iubers of tlu' body corporatt', tt'u nu'mbt'rs shall be required to
form a tpiorum.
14. The board shall iu(;et monthly, or oFtencr if necessary. Hoard mcciin̂ s.
Any mt'inber oF the board ab.st'uting bimst'lf or herself, without leave, from nuH'tings oF tdio board for four const'cutivt' months, shall bt; considt'i't'd to have \'ae<‘itcd his or lu'r seat.
15. i\1inist('rs of religion shall, subjt'ct and according to the Mini.orr,? of r.iij;ioii
])rovisions of tlu' by-laws, rules, and regulations of tlu' body corporatt', bet'ntitled to access tf) such innialt's as are of snch ministt'r's own denomination.
| 16. It shall b(' lawful For tin' board of managenn'iit to m.ake i’ow | . | m | -to umI,.' |
by-laws, rub's, and regulations For tFiu' gt'iner tl managenu'nt oF tbt' atfairs oF tlu' said body corporate. And until snch by-laws, rub's, and regulations sluill have bt't'ii mad.'', tlu; mb's and rcgul;itions of tlu' institution ;it |)n'sent in Foret; art' hcrt'by conlirnu'd, and sliall, t'xc('|)t
so
Act No. 8, 1906.
Itojjal Alexandra Ilospital for Children Incorporaiion.
so far as rcpcaL'd, altered, or amended by any by-laws, rales, and o'gnlations made umbn- this Act, be and continne binding on the menibers of tbe said l)ody eorporate.
| Kvllencc of coj'V of | 17. A printed eo]iy of any sneb by-laws, rales, and regulations, |
| bv-lilws. | sealed with the seal of tbe said body corporate', and ])nr})orting to be certified by tbe secretary for tlu* time being of the said body corporate as being correct, shall be' re'Ceive'd in all cenivts as conclusive evidence e)f suedi by-laws, rales, and regulations, anel eel' the same' having been eluly made under the authority e)f this Act. |
| Power of bo;n\I to | 18. It shall be lawful for the boarel eif management from time |
| i1lve^t fin.iU. | to time to invest any funds of the said body corporate in .British Government securities, in any Government funds or elebentures of tbe Commonwealth eif Anstr;di:i, or e>f any State of the Commonwealth of Australia, or of the' ce)leeny ed' ZVew Zealanel, or in any de'bentures eir debenture stock of any municipal corporation therein, eir e>f any bank or incorporateel coinjiany cariying een business tlie'rein, or by way of deposit in any bank for li.ved periods or otherwise, or by ivay of purchase of or mortgage u])on a.ny freehold estate. |
| to ;i]*poiiit | 19. ddie board may. from time to time, ('Icct and ajipoint from |
| committee^. | their own body a bouse committt'c and such and so many sub committees as tlicy may think tit for transacting tbe alTairs and business of the institution, with and snbji'ct to such jmwers, privileges, provisions, and conditions as shall be ('xpressi'd and declared by the by-laws, rules, and regulati‘>ns. |
| Iiiforuijility of | 20. No irregularity, informality, or ilh'gality in tbe ch'ction or |
| ck'Ct ion of JiKMnbc'r: ̂ |
| of the boiii’il or | ap])ointment of any memln'r of the board of management or officer of |
| olllcer not t o | the institution shall render illegal or invalid any Act, deed, matter, or |
| invalidate Aet.- ,̂ Ae. | thing done or e.xecuted, or suth.'red to be doin' or executed by such member of tbe board or officer in pursuance of such election or ajipointment, but any such ('lection or appointment may, in such way as may be provided for in tbe said by-laws, rales, and regulations, bo determined by resolution to be good or bad ; and if bad, the vacancy may be supplied in such way as may be provided for in smdi by-laws, rules, and regulations, the provisions wben'of as to the validity of any such eh'ction or appointment, and tlu' acts, di'f'ds, or things done by any membi'r of tlie boai'd or officer in pursuance of any such election or appointnu'nt, shall Imo' the force and elTcct (d' law. |
| Power to make and |
| alti‘1’ eonunon siail, | 21. It shall be lawful for tbe said board to design at any time, |
| and alllx same. | and from time to time clninge or alter, the common seal of the said body corporate. Sueb si'al shall be in the custody of the president and one other member of the b();ml, and a majority of the members of the board jnesc'ut at any duly constituted meeting of tlu'board shall have the power to us(' or direct tlie use of such seal for all purposes reej^uiring to be evidenced by tlu- corporate seal of the body cor])oratc ; Provided that it shall not be necessary to rccjuirc such seal to be |
affixed
Act No. 8, 190G.
Royal Alexandra Hospital for Children Incorporation.
affixed as evidence of tlie appointment l)v tlie said body corporate of an attonicy or solicitor in or for the prosecution of any action, suit, or other proceeding.
22. Notice to or service upon the secretary of the said hody Notice and service,
corporate shall he decint'd to he a notice to or service upon the Ijody
corporate'.
23. Tlie memhers of the hoard for the time being of the said indemnity to
hody corporate shall he respectively charged only for such moneys, stocks, funds, and securities as they shall respectively actually receive, notwithstanding their respectively signing any receipt for the sake of conformity, and sliall he answerable and accountable only for their own acts, receipts, neglects, or defaults, and not for those of each other, nor for any hanker, broker, or otlier person with whom any trust moneys or securities may ho deposited, nor for the insufficiency or deficiency of any stocks, funds, or sccui’ities, nor for any other loss, unless the same shall happen through their own wilful default respectively.
| T H E | S C H ED U LE. |
EliiST P a iit ~Fr(‘i:hohI.
A l l Unit parcel of land, p art of the Toxtetli P ark hlstate, situati' in the borough of the tiic rorpcuiai Trustee
Glebe, in tlie colony aforesaid : Commencing a t a jioint on the Glebe I’oad a t the eastern subjfrt t,’,
corner of the said e s ta te ; and bounded on the north-east by th a t road bearing n o r t l i - a i t h NovempT,
westerly one hundred and twenty-feet to a road forty feet wide ; on the north-west b j 'th c AHcVliui'Artimr ̂
last-mentioned road Itearing south-westerly one hnndi'ed and eighty feet to another p a rt "'ijfram Allen,
of the land conveyed to Thomas Jam es llowyer ; tlience on the south-west by th a t land,
being a lino bearing south-easterly one hundred and tw enty feet to the south-east boundary
fenci' of the said estate ; and on the sou theast by the said boundary fence, being a lino
bearing noith-easterly one hundred and eighty feet, to the jioint of commencement.
.\11 th a t parcel of land, p art of the Toxteth P ark Estate, situate' in the borough The I’erpviuni Trustee
of the Glebi', in the colony aforesaid : Commencing a t a pioint in 'W igram-street a t the Hupifehto
| corner of the land conveyed to Joseph Paul W alkt'r, d istan t one hundred and eighty feet | 2»tii Novemher, |
from the intersection of the Glebe road w ith A 'igrain-stn 'i't : bounded on the north-west ahou
by A'igi'am-street, bearing south-westerly se\ enty fe i 't ; thence on the south-west by other " ’isr.im Aiitu.
part of the Toxteth P ark Estate, being a lino bearing south-easterly one hundred and
tw enty feet to the south-east boundary fence of said estate ; thence on the south-east
by said boundary fence, being a lino bearing north-easterly seventy feet to land convej'ed
to Joso])h Paul W alker ; and on the noi-th-east by th a t land bearing north-westerly one
hundred and tw enty feet, to the )>oint of commenci'inent.
All th a t j)iece or parcel of land situated in the borough of Camperdown, in the sir Francis natimrst
])arish of Petersham , county of Cumberland, and S tate of Ah'W' South Wales, be tin' corner of lot forty-one of said subdivision, as now comprisi'd in certificate of title, volume one thousand three hundred and forty-one, folio two hundred and fo rty -e igh t; and bounded thence on the south-east by north-western building lines of said Pyrm ont Bridge road,
hereinaftei' mentioiu'd si'veral diim'iisions a little nioi'e or less, containing by adini'asuri'- iiuinpiHTy, williani
iiK'nl SIN aci(‘s cue rood tour junches, mor<‘ or less, and bein^ p art or lot lorty-tw o as st. Viiiccnt Wcidi.
occupied of the subdivision of the Camperdown E sta te g ran t to W illiam Bligh, of two
hundn 'd and forty aci'es, dated tenth A ugust, one thousand eight hundred and six :
| n | bearing |
Act No. 8, 1906.
Moyal Alexandra Ilospital for Children Incorporation.
bearing successively north sixty-three decrees fifty-six and a lialf m inutes east one hundred and tw entv feet, north one deyree forty-three and a half m inutes east seventy- livo feet one and a (juarter inches, north fifty-six dei;rees forty-two and a half mlnut(^s cast ninety-one feet ten and a half inches, and north f<irty-sev('ii degrees forty-six minutes (>ast one hundred and fifteen feet two indies to its intersection w ith the south-westi'rn houndary of lot fortw-threi' of said suhdivision ; thence on the north-east hy p art of th a t south-western houndary of said lot foi'ty tliree, ln'ing a fenced line hearing north twenty- four degrees three minutes evest five hundred and th irty feet eleven inches to the southern (outer) edge of the Orphan School Creek storm w ater (dianmd as constructed ; thence on the north hy jiarl of tha t southern (outer) edge of the said Orphan School Creek storm w ater channel as constructed, hearing westerly to its junction with the eastern (outer) edge of Johnstone's Creek storm w ater channel as constructi'd ; thence on the w('st hy p art of th a t (‘astern (outi'r) edge of said Johnstone's Creek storm water channel as constructed, hearing southerly to its intersection w ith the north-w'esterly prolongation of the north-eastern houndary of aforesaid lot forty-one, as now occujiic'd in certificate of title, volume one thousand three hundred and forty-one, folio two hundrc'd and forty-eight, as afoia'said ; and thence on to the south-west hy th a t jirolonga- tion of and hy the north (‘asti'rn houndary of lot forty-one, as in c(‘rtilicate of title aforesaid, being fenced lino hearing in all south tw enty-three degrees foi'ty minutes oast four hundred and twenty-four feet, and south twenty-four degrees twelve m inutes east four hundred and throe feet six inches, to th(‘ point of commencement.
| 8 icooxn | P a r t — L<'am-hold. |
| The Perpetual Trustee | A ll th a t pieci- or parcel of land, situated in the city of Sydney, in the parish of St. ^\ndrew, county of Cumberland, and S tate of New South \\'ales, h(‘ the hereinafter mentioned several dimensions a little more or less, containing hy adm easurement twenty- four and three-quarter jM'rches, and fiirining part of block one 1) of the 1,'ltimo E state suhdivision: Comm(‘ncing a t the intersection of the southern building line of Valentine- stree t w ith the north-easti'rn side of (ju av -stree t; and bounded thence on the north hy p art of the southern building line of VhilenI ine-street bearing south eighty-three degrees forty-eight minutes east one hundred and twelve feet elevc'n inches; thence on the oast hy the western boundaries, as occupied, of allotm ents fronting George-street, b(‘ing a lino hearing south five degrees twenty-five minutes west one hundred and four feet ten and three-ejuartor inches ; thence on the south-i'ast and on part of tlu ' south-west by no rth western and north-eastern sides of walls of brick building hearing successively south thirty-four degrees twentv-one minutes west one foot ten a.nd a-half inches, and north fifty-three (k'grees fortv-five minutes w('st thirty-nine feet live and a-h.-df inches to the north-eastern side of (hiay-street aforesaid; and thence on the rem ainder of the sou th west by p art of the north-('astern side of th a t street liea.ring north thirty-six degrees fourteen and a-half minutes west one hundred and seveidnen feet seven inches, to point of commencement. |
| Com pany, | Limited |
| Sir M atthew H enry | A ll th a t piece or parcel of land situated a t Glebe P o in t: Commencing on the |
| S tephen and H arry |
| Cham bers K ent, subjec t | north-eastern side of Glebe P oint road two hundn 'd and sixty-one feet one and a-half |
| to a m ortgage to Jam es | inches south-easterly from its junction with the south-eastern side of Ferry' road ; and |
| Su therland | M itchell, |
| d ated 31st D ecem ber | hounded thence on thi' south-w('st by Glelx' P oint road, bearing .south-easterly one |
| 1892. | hundred and eightv-six fe(‘t nine and a half inches ; thence on the south-east by a fenced lino and its continuation Ixxiring north-eash'rly in all five hundred and thirty-one feet sev(‘n inches to Brougham-lane, fifteen h-et wide : thence on the north-east by th a t lane hearing north-westerly oiu' hundred and eie'lity-thre(' f(‘et ten and three-(piarter inches ; thence on the north-west by liiu's passing ]i;irtly along the south-c'astc'i'u side of a wall, and being partly fenced, hearing south-westei'ly in all livi' hundred and t weiitv-eight f('et nine inches, to the ]ioint of coimnencenu'nt, and containing hy admeasui'em(-nt two acres th irty -eigh t and three-i[uai'ter perches, or t hei'eahouts. |
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