SA Institute Act 1855 (SA)

No. 16.

An Act to establish and incorporate an Institution to be called The

Xoecth ~ustralian Institute. " AA q/*M --

[Assented to, June 18, 1856.1 - %.;L- -P /#d -- --

FIEREAS it is expedient to establish and incorporate a Public Preamble.

to comprise a Public Library and Museum, and, by means of lectures,	W Institution, to be called " The South Australian Institute,"
classes, and otherwise, to promote thc gencral study and cultivation of a11 or any of the various branches or departments of art, science, literature, and philosophy: And whereas certain Associations or Societies have been or may hereafter be established in the Province
of South Australia, for the cultivation, by and amongst the rnembers
thereof respectively, of diff'erent branches or departments of arts, science, literature, and philosophy, and for extending the means at the command of such members respectively for such cultivation, and for other purposes tending to improve and elevate the mental and moral condition of such persons as may come within the influence of such societies respectively, and it is desirable to afford to such societies every legitimate encouragement and assistance: And whereas the efficiency and usefiilness of such associations or societies would be grcatly increased, and the means and opportunities of mcntal and social cultivation and improvement would be extended to a greater number of persons, if such societies were enabled to unite and form one Society or Institute in which such scveral societies might and should carry out separately such of their purposes and plans as should be necessarily difitinct; and might, and should, carry on con- jointly and in union, such portions of their action as should be com- mon to all, and might most economically and beneficially receive and apply such aid as may from time to time be granted for the promotion of the objects of such several societies-Be it therefore Enacted, by the Governor of the Province of South Australia,

E 2 with

with the advice and consent of the Legislative Council thereof, as

foUows:

;L

south i l u s t e

1. On and after the passing of this Act, and until the first day as hereinafter provided, together with three other persons to be appointed on the passing of this Act by the Governor, shall be a Board of Governors of an Institution which shdl bc called The South Australian Institute; and that they and their successors, to be appointed in such manner as is hereinafter provided, together with the Governors to be selected as hereinafter provided, and the mem-

Imtitute constiiuted,

of October, one thousand eight hundred and fifty-six, three pcrsons,

a , made a Bodg

Corporate,

bers for the time being of all ancl every society or societies hereafter

to be incorporated with the said Institute in such manner as is here- inafter provided, for so long md such time as such several societies shall remain and continue to bc incorporated with the said Institute, shall be, and they are hereby declared to be, one Body Corporate and Politic, in deed, name, and law, by the name of " The South Aus- tralian Institute ;" and that by the same name they shall have perpetual succession and a common seal, and shall and may sue and

be sued, implead or be impleaded, grant or receive, and shall have

power and authority to take and purchase and hold lands, tenements, and hereditamerrts, to them their successors and assigns for the yur- poses hereinafter-mentioned, and subject to the statutcs and rules in the Schedule to this Act annexed.

Retirement and

yleotion of Governors.	2. On the first day of October, one thousand eight hundred and fifty-six, and on the first day of October in each succeeding year, the two rncmbers of the said Board of Governors who shall have been present the least number of timcs at the mectings of such Board shall retire from office, but shall be eligible for re-appointment, and that, in case of an equality between two or more members of the said Board in respect of the number of attendances of such men1 bers at the meetings of the said Board, then the retiring member shall be determined by lot; and on the annual retirement of the
said two members, or in case of the death, resignation, or incapacity
of any member or members, the successors of such retiring members, or of such members so dying, resigning, or becoming incapable,
shall be appointed by the Governor.
~.cpomraba saiatioa	3. So long as not more than three separate societies shall have been incorporated with the said Institute, it shall be lawful for each such society, annually, in thc month of October, to clcct one of its members to be a member of the Board of Governors during the ensuing year; but so soon as more than three separate societies shall have been incorporated with the said Institute, then and thcnccfor- ward it shall be lawful for each separate society so incorporated, annually, in the month of October, to appoint one of its members to vote in the election of Governors, and the several members so appointed shall elect three from among themsclves to be members of the Board of Governors during the ensuing year, and the mern- bers so elected shall enjoy equal rights and powers with the Gover- nors appointed as hereinbefore first provided. 4. It

" Governors.

" South Australian

4. I t shdl and may be lawful to and for any person or persons, bodies politic or corporate, socicty or societies, their heirs and suc-	Librury and Me-
chanics' Institute,"
and others, may make
cessors, and particularly for "The South Australian Library and	gifts to the Corpo-
Mechanics' Institute," to give and deliver to, grant, assure, devise,	ration.
.or bequeath, to the use and bellefit of, or in trust for the said Body Corporate, any messuages, lands, tenements, rents, annuities, and hereditaments whatsoever, and any library, books, maps, prints, pictures, goods, chattles, minerals, specimens, or other effects or articles whatsoever, calculated for the formation of a Museum; a11 which messuages, lands, tenements, rents, annuities or hereditaments, and all which library, books, maps, prints, pictures, goods, chattels, minerals, specimens, or effects as aforesaid, the said Body Corporate are hcrcby authorized and enabled to receive, accept, and hold.

5. The said Board of Governors for the time being, of whom	Power of Board of
Govcmors.

three shall form a quorum, shall have full power a id authority in the name of the sdd Body Corporatc to r~ccivc, pay, apply,hnd dispose of all such moneys as s l d l be annually granted to the said Body Corporatc out of the public llevcnuc of thc said Province, and all such rrloileys as shall from time to time be granted to the said Body Corporatc for building or other special purpose; and shall and may enter into all such contracts, and do and transact all such othcr acts, deeds, m;nttcrs, or things, as may be requisite or proper to be done in and about the renting or purchasing of suitable lands and pxe'nises, or the renting and hiring, or erecting and completing of suitable halls, rcaciing-rooms, lecture-rooms, class-rooms and othcr buildings, and for the reception a id safe custody of the library and other effects of the said Hotly Corporate, and for the formation and reception of a museum and laboratory, and for all such other purposes as thc said Board of Governors for the time being may decide to be reqcli~eci to carry into effect the objects of the said Bodv Corporatc or of thc scvcral societies to be admitted into and hcorporated therewith; and shall also havc powcr if they shall think fit, upon application made by " The South Australian Library and Nechanics' Institute," or by any other society or societies, or body or bodies of persons associated for the purpose of promoting any art or science or branch of knowledge, or by any person or persons duly autho- rized in a~cordance with the laws of such several societies or associ-

persons so associated as part of the said' South Australian Institute, societies.

upon the terms and in the manner more particularly set forth in the

stat,utes and rules in the Schedule to this Act annexed, so long as

the members of the said " South Australian Library and Mechanics'

ations to make such applicafion, to admit and incorporate such Adllliesion ofotklcr I)ay for the advancement of the objects, arts, or sciences, for the pro- motion of which they arc so severally associated, such a sum as the by-laws of each particular society shall from time to time define and

fix, and shall have bccn agreed upon between such several societies

and the Board of Governors of the said Body Corporate; and shall

also have full power to make by-laws for the regulation and disposal BY-lawn.

ofthe proprrty of the said Body Corporate, and for its more regular

government

Terms of admission.

government; and also to direct and order at what times and in rvE~itt

manner, and under what restrictions and conditions the several societies

and associations at any time forming part of, and incorporated in, the

said Institute shall have and use the halls, lecture-rooms, class-

rooms, reading-rooms, libraries, museums, and other public property

of the said Body Corporate, and such by-laws, times, restrictions, and

conditions, or any of them from time to time shall and may rescind,

alter, and vary, and make others in their stead; and also shall and

may do, manage, transact, and determine all such other acts, deeds,

matters, and things as shall to them appear necessary for effecting

and carrying out the purposcs of this Act and of the said Rody Corpo-

rate, but so nevertheless that the same shall be in accordance with,

and not contrary to, or subversive of, the statutes and rules in the

Powers of del~gation Schedules to this Act annexcd; and shall and may if they shall see

to committees of sepa- rate societies. fit, delegate any of the powers and authorities vested in them to all

or any of the committecs of the several socicties which may hereafter be incorporated with the said Institute, so far as the same shall relate or apply to such societies respectively; and shall also have power to appoint and remove a Librarian, Secretary, and other Public OfEcers or Servants of the said Body C'orporate, and from time to time fix and determine the salary and enlolunlents to be paid to such Officers and Servants.

yearly genernl meet-

ing.	6. Whenever any society or societies shall havc been incorporated with the saicl Institute, a general meeting of the said Body Corporate shall be holden annually on the third Monday in the month af January, at such hour and at such place as shall from time to time be fixedby the said Board of Governors, such grneral meeting to consist of not less than ten Nembers of the said Body Corporate, exclusive of any Mem- bers of the said Board of Governors, a d that if a sufficient number
of members of the said Rody Corporate to fbrin a meeting be not
prcsent within onc hour of the time fixed for such meeting, the said Board of Governors shall bc enlpowrwd to acijourn the said meeting unto such tiinc as thcy may appoint; and that at such general meetings a report of the proceedings during the preceding year of the saicl Body Corporate, and of t l~c societies incorporated therewith, shall be laid before the members of the said Body Corporate; and
present at such meetings to make, ordain, and constitute such by- that it shall be lawful for the members of the said Body Corporate
laws, constitutions, and ordinances for the government of the afhirs of the said Body Corporate, as to the n~ajority of such niernbers shall seem meet; and such by-laws, constitutions, and ordinances to revoke, change, and alter, and others to make in their stcad: Frovided always, that such by-laws, constitutions, and ordinances shall not be contrary or repugnant to any of the Laws or cuxtorns of the Realm, or to this Act, or to the statutes and rules in the Schedule to this Act annexed: And provided also, that no such bylaws, constitutions, or ordinances, or any by-laws :o be made or passed at any special general meeting, as hereinafter provided. shall be binding or have any force ur effect until the same shall have been confirmeci by the
said Board of Governors.

7. Any

7. Any three of the Governors of the said Body Carporate Specialmeetings1

for the time being? by giving fourteen days' notice in any two news- papers published in Adelaide, and affixing a legible copy of such notice in a conspicuous placc in the building occupied by the said Body Corporate, may at any time convene a special general meeting of the said Body Corporate, for the purpose of making or altering any by-lams, constitutioris, or ordinances of the said Body Corporate, or of confirming or altering the proceedings of any annual or special meeting, or for the transaction of any of the affairs and business of the said Body Corporate as occasion may require; and that all such special meetings shall be in like manner holden, and have the wme powers in every respect as the annual general meet- ings hereinbefore provided.

8. There shall be yearly placed upon the Estimates, to be sumnot 5500, to be placed in

laid before the Legislative Council or lIousc of Assembly of thc the F:~timatesyearly,rIy,

said Province, a sum of not less than Five Hundred Pounds, for c"rent"x"c"lns rated therewith, and in the purchasc of boolrs for thc augmentation

to be applied in the payment of the salaries of the officers and

servants, and of thc general curront expenses of the said Body

of the public lilr~rary of the said Body Corporate, and in the pur-

chase of works of art, scientific apparatus, or machinery, or of models or specimens illustrative of any science or manufacture, or in the foundation or augmentation of the proposed museum of the said Body Corporate, or for the promotion of the general objects of the said Body Corporate, or of the special objects of any of the several societies to be incorporated therewith, in such manner in all respects as to said Board of Governors for the time being shall seem fit; and that every sum which shall bc votcd by the Legislative Council or House of Assembly of the said Province for sudl purposes s l d l be re- ceived by such member of the said Board of Governors for the time being as s h d have been appointed by the said Roard of Governors to act as Treasurer, and carried to a separate account; and that such Treasurer shall be, thereout, required to pay and allow ~ ~ c h sum or

sums only as the said Roard of Governors for the time being shall direct and require to be paid for all or any of the purposes herein-mentioned. 9. The members of such societies or associations as may hereafter ~; ~ ~ $ ~ $ ~ ~ $ ? & * f

be incorporated with the said Body Corporate, shall be empowered ti,,.

to act in respect to the objects of such several societies or associations,

and to the meetings, lectures, classes, conversaziones, and other

arrangements of such several societies and associations, and to the election of committees to manage the affairs of such several societies and associations, and to the framing, altering, and repealing of the bylaws and rules of such several societies and associations, as if such societies and associations were distinct and separate societies and associations and not incorporated together: Provided always, that the by-laws and rules of such several socictics and associations shall not be contrary nor repugnant to any of the laws

and customs of the Realm, or to this Act, or to the statutes and rules

F 2 in

in the Schedule thereto annexed, or to the by-laws, constitutions,

and ordinances for the regulation of the said Body Corporate, made

or confirmed by the said Board of Governors.

DistributionofFunds-

10, The sums of money annually, halfiyearly, or quarterly subscribed by the members of such societies or associationfi as may hereafter be incorporated with the said Institute, save as is herein- after-mentioned, shall be paid to and receivable and recoverable by

the committees of such several ~ocieties or associations, or by such

officer or officers, as by the respective rulcs and regulations shall be appointed for that purpose, and shall be applied by such respective committees or officers in carrying into effect the particuht ohject or objects in respect of which such annual subscriptions shall have been made by the members of such several societies or associations: Pro- vided always, that all sums of money to be paid by members of the said Institution or Body Corporate subscribing for the circrllation of

the books belonging to the public library thereof, shall be paid to, and receivable and recoverable by the said Board of Governors, and

shall be by them paid and applied in the augmentation or to the

purposes of the said public library.

Power of altering

atatutes and rules in 11. I t shall be lawful for the said Board of Governors from

8chedule.

time to time, and at all times hereafter, to frame and suggest such

alterations or amendments in the statutes and rules in the-~chedules

to this Act annexed, or in other the statutes and rules to be from

time to time made and confirmed in the manner hereinafter provided,

as to the said Board of Governors shall seem fit; and that such

alterations or amendments if approved by the Governor of the said Province, shall be by him laid upon the table of the Legis- lative Council or House of Assembly of the said Province during their Session, for the space of ten days, and that if, during that time, the said alterations or amendments be not objected to or disallowed by a resolution of the said Legislative ~ounci1"or House of Assembly, then and thenceforward the said alterations or amendments shall be deemed to be, and shall be confirmed, and shall possess the same power, validity, and authority in all respects as if they had been

embodied in the Schedule to this Act annexed: Provided always, that no such alterations or amendments shall be contrary to or sub-

versive of the provisions contained in this Act itself irrespective of

the said Schedule.

A G ~ a public A C ~. 12, This Act shall be deemed a Public Act, and shall commence and take effect from the passing thereof.

SCHEDULE

SCHETjULE OF STATUTES AND RULES OF TIIF SOUTH

AUSTRALIAN INSTITUTE.

1. The accounts of the Board of Governors shall be annually audited by the Anditor-General of thc Province, and an abstract thereof, together with abstracts of the accounts of the several societies incorporated with the said Institute, after such accounts shall have been duly audited and signed by the auditors appointed by such several societies, shall be annually laid upon the table of the Legislative Cvuxlcil or House of Assembly of the said Province.

2. The library depariment of the Institute shall consist of at least two rooms-a

reading-room, in which shall be kept all payers and periodicals for six months after their delivery to the Institute; and the Library proper, in which the books of the Institute shall be kept.

3. The public shall be admitted daily (Sundays excepted), free of c h a r g e b u t sub-

ject to the regulations hereinafter provided-to the reading-room, between the hours

of noon and eight pm., or at such other time (not being less than eight hours

per day) as the Board of Governors may from time to time appoint, excepting on such days or portions of days as may from time to time be fixed for the rooms to be closed by the said Board of Governors for any special purpose; but the aggregate number of such days and portions of days,, taken together, shall not exceed

days in one year.

4. Any person seeking admission to the reading-room shall previously bc required

tr, deposit with the Librarian, or other officer appointed for the purpose, a certificate

signed by two householders of respectability, to the effect that the applicant is known to thcm and is a fit person to be admitted; and such applicant shall thereafter be entitled to admission upon signing his name (if requircd), upon entering the room, in a book kept for the purpose: Provided always, that the Board of Governors shall be empowered to exclude persons so admitted if they are guilty of misconduct.

5. The public shall be admitted to read the books of the Institute, at such times as

are hereinbefore appointed for admission to the reading-room, but subject to the

following regulations, viz. :-

r. Any person seeking permission to read the books of the Institute shall send in

an application in writing (specifying his Christian and surname, rank or

profcssion, and place of abode), to the Librwian, rrr other officer appointed for	the purpose, who will either admit th.: applicant or lay his application before
the next meeting of the Board of Governors, for them to decide upon it.

rr. Every *person so applying shall produce a recommendation satisfactory to a

Governor or an officer of the Institute.

n r. Permission shall be granted (subject to expulsion by the Board of Governors for misconduct) for twelve months, at the expiration of which time the Board of Governors shall, if they see fit, be empowered to require a fresh application for a renewal.

rv. Persons $0 admitted shall not be allowed to take any book from the library or reading-room, nor to have more than one book at a tirre, except by special sanction given in writing by a Governor.

G. The Board of Governors shall be empowered to declare any books in the library

be books of reference, and such books shall, under no circumstance, be removed from the library, except by special permission of the said Board of Governors. - -

7. Persons whose names have been ~reviously approved by the Board of Govcrnora

&all be allowed to become subscribers to the library of the Institute, on payments of an entrance fee of not lesa than Two Shillings and Sixpence or more than

Tea

Ten Shillinp, and of a subscription by equal quarterly, half-yearly, or annual payments of not less than Ohe Pound nor more than Two Pounds per annum; the amounts of such entrance fee and subscription to be from time to time deteihnined by the said Board of Qovernora: Provided always, that the said Board of Governors shall be empowered t o expel any subscriber for misconduct.

12. Subscribers to the library of the Institute shall be allowed to take out of the library one or more volumes of a single work at one time, for a fixed period, subject to a fine of not less than One Penny or more than Fourpencc per day for every day exceeding such period, according as the length of such period and the amount of such fine shall from time to time be fixed by the Board of Governors: Provided that such work forms no part of the library of reference; and provided, also, that persons so taking out books shall, if required by the Librarian or other officer app~inted for the prpose, deposit a sum not exceeding the cost of the work taken out, to ensure its return.

9. The public shall be admitted to the museum of the Institute on terms similar to those prescribed for admission to the reading-room; and thc Board of Governors, shall be empowered to admit persons to the advantages of any other branch of the Institute at such times as they shall see fit, and either free of charge or upon payment of a certain sum, to be fixed by them as they shall from time to time determine.

10. The Board of Governors shall be empowered to make and consent to terms with any Societies now existing, or hereafter to be formed within the Province, and having for their object the advancement of any art, or science, or branch of knowledge, for the incorporation of such Societies with the South Australian Institute, subject, however, to the following conditions :-

I. Societies so incorporated shall be permitted to alter or retain their own form of

constitution, and to make by-laws for their own management, and to conduct

their own affairs, subject only to the provisions of this Act.

11 Societies so incorporated shall be required to contribute a sum, to be agreed

upon with thc Board of Governors towards the working expenses of the

Institute.

111. Societies so incorporated shall be entitled to the use of one or more of the rooms of the Institute, and also to the scrvices of one or more of the officers of the Institute, a t such times and in such rnanncr as shall be agreed upon with the Board of Governors.

IV. The property accumulated by Societies so incorporated, and preserved in the rooms of the Institute, shall become vested in the South Australian Institute, and shall be made accessible to the public, at such times and in such manner ay to the said Board of Governors shall seem fit.

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ADEU~DR : Printed by authority, by W. C. Cox, Government Printer, Victoria-square.