SA Institute Act 1863 (SA)
ANNO VICFSTMO SEXTO ET VICRSIMO SEPTZRIO
A. | D. 1863. |
No. 19. [Assented to, 12th November, 1863.1
HEREAS the South Australian Institute was established to
Preamble. promote the general study and cultivation of the various
branches or dcpartments of' art, science, litcraturc, and philosophy,
by means of a public library and museum, and by means of lcctizrcs,
classes, and otherwise; and to afford encouragement and assistance to such societics as haylie been or may hereafter be established in the Province of South Australia for the cultivation, by and amongst thc members thereof respectively, of different branches or departments of art, science, literature, and philosophy, and for extending the
means at the command of' snch members respectively for such culti-
vation, and for other purposes tending to improve and elevate the mental and moral condition of such persons as may come within the influencc of such societies respectively; and to enable such societies to unite and form one society or institute, in which such several societies might and should carry out separately such of their purposes
and plans as should be necessarily distinct, and might and should
carry on, conjointly and in union, such portions of their action as should be common to all; and might, most economically and bene- ficially, receive and apply such aid as may. from time to time be granted for the promotion of the objects of such several societies: And whereas it is expedient to consolidate and amend the laws relating to the South Australian Institucc-Be it itherefore Ena.cted by the Governor-in-Chief of the Province of South Australia, with
the advice and consent of the Legislative Council and House of
Assembly of the said Province, in this present Parliament assembled,
as folio ws:
1. The several Acts mentioned in the Schedule hereto, marked
A, Repeal of beta in shall
8c:hedule.
26" &27" VICTORIX, No. 19.
South Australian, Institute Act.--1 863. shall be and the same are hereby repealed, save so far
as is necessary to give validity to all acts hitherto done in pursuance thereof, res-
pectively: Provided that all societies heretofore incorporated with the South Australian Institute, under the several | |
be paid to, and be receivable and recoverable by the Board of | |
Governors, as by this Act provided. | |
2. Until the first day of October, one thousand eight hundred |
and sixty-four, the six persons appointed or elected to bc Governors of the Sonth ~nstral ian Institute, under or by virtue of the several Acts hereby reilealcd, together with a seventh person to bc elected as hcrcinafier provided, shdl bc the Board of Governors of the South Austaalian Institute; and they and their successors, to be appoiiltcd or elected in such rnanncr as is hereinafter pro\-idecl, and the subscribers to the library of the said Institute, and the members for the time being of a l l ancl every society or societies that now are incorporated with the said Institutc, or that may hereafter be incorporated with the said Institute in such manner
as is hereinafter provided, for so long and such time as such sc~~eral
socktics shall remain and continue to be 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 Australian Institute ;" and 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 receivc,
lands, tenements, and hereditaments, to thcm, their successors, and | and shall have power and authority to take and purch:zsc and hold |
assigns, for the purposes hereinafter mentioned, and subject to the statutes and rules in the Schedule hereto |
8ubscribm | l i b m r ~ |
to bo treated as a 3, Persons subscribing, as provided by the statutes and rules in
separate incorporated the Schedule hcrcto marked B, to the public library of the said
society. South Australian Institute, shall be members thereof, in like manneras if such persons formed conjointly one separate irlcorporated society: Provided that no per5011 shall be entitled to vote as such member at any meeting held in pursuance of this Act unless he shall have been a subscriber, and shall have paid his subscription, for the six months nest preceding thc time of such meeting.
Rctiremcnt nnd
4. On the first day of Octobcr in every year, after this Act shall coinc into operation, sach one of the said Governors, being one of the threr Go~ernors appointed by the Governor-in-Chief as shall | |
have
26" &27" VTCTORIZ, No. 19.
South Australian 3zstitute Act.-1863.
have been longest in office without reappointment shall retire, but shall be eligible for re-appointment: Provided that in case of all equality in the time of the tenure of office of any two or more Governors, then the retiring Governor shall be determined by lot; and on the annual retirement of the said Governor, the successor of such retiring Governor shall be appointed by the Govcrnor-in-Chief.
5. It shall be lawful for the subscribers to the librcry, acting as
il, Subscribers to library
separate incorporated society, within one calendar month after this son to be a seventh member of the Board of Govcrrrors,
6. SO long as not more than three separate Societies, including~corporabdSooieties
the subscribers to the Library, shall have been incorporated with
the said Institute, it shall be lawful for the said subscribers to the
Library, annually, in the month of October, to elect two persons
from among themselves to be menlbcrs of the Rortrd of Governors
during theonsuing year; and it slmll bc lawful for each of the other
Socictles so incorporetccl, anliually, in the month of October, to elect
one of its members to be a member of the Board of Governors
during the ensuing year; but so soon as morc than tlwc(: separate
Societies shall have been incorporated with the said Institute, theu
and thenceforward it shall bc lawful for thc said mbscribers to the
Library, annually, in thc month of October, to elect from among
themselves two persons, of whom the one obtaiuing the larger
number of votes shali be a member of the Board of Governors
during the ensuing year, an? it shall be lawfd for cach of t l ~
other Socictics so incorporated, annually, in the month of October,
to appoint one of its members to vote h the ~lection of Governors,
and the several members so appointed, together with the remaining
person elected by the subscribers to the Library, shall elect three
persons from anlong themselves to be members of the Board of
Governors during thc ensuing year; acd the Governors so elected | shall enjoy |
by the G overnor-in-Chief. |
said Board of Governors, absent himself for the space of two calendar |
months from the meetings of the said Board, or shall become
bank- rupt, oran insolvent debtor within themcnning of the laws in force within the said Province relating to bankrupts or insolvent debtors, or shall become a public defaulter, or be convicted of felony or any infamous crime, or shall be found to be of unsound mind, hc shall cease to hold office as a Governor of the said Institute; and the vacancy so causcd, or any vacancy caused by the death or resignation of any Governor, shall be thereupon filled up by some person who shall be appointed or elected in like manner as the Governor so dying, resigning, or otherwise ceasing to holdofficc, was appointedor elected,
. | 8. It |
South Australian Institute Act,-1 863.
Gifts to the &r-
8. It shall be lawful for any person or persons, bodies politic or corporate, society or societies, their heirs and successors, to give and deliver to, grant, assure, devise, or bequeath, to the use and benefit of, or in trust for the said body corporate, any nlessuages, lands, tenements, rents, annuities, and hereditaments whatsoever, and any library, books, maps, prints, pictures, goods, chattels, minerals, specimens, or other effects or articles whatsoever; all which messuages, lands, tenements, rents, annuities or heredita- ments, and all which library, books, maps, prints, pictures, goods, chattels, minerals, specimens, or effects as aforesaid, the said body corporate is hereby authorized ancl enabled to receive, accept, and hold. | |
of all such moneys as s l d be annually granted to the said bodycorporate out of the public revenue 'of the said Provincc, and all such moneys as shall from time to time be granted to thc said body corpomte for building or othcr special purpose; and shall and may eriter into all such contracts, and do and transact all sucll other acts, deeds, matters, or things, as may bc rcq5site or propcr to be done in and a b o ~ t the renting or purchasing of suitable lands and premises, or the renting and hiring, or erecting and completing of suitabIe halls, reading rooms, lecture rooms, class rooms, and othcr buiklings, and for the reception and safe custody of the library and other effects of the said body corporate, and for the formation and reception of a museum and laboratory, and for all such other puryoscs as the said Board of Govelmors for the time being may decide to be required to carry into effect the objccts of the said body corporate or of the several societies to be atlrnittd into and incorporated t-herewith; and shall also have power if they shall think fit, upon application made by any society or societies, or body or bodies of' persons associated for the purpose of prornotirig any art or scicncc in accordame with the laws of such several societiez or associations or branch of knowledge, or by any person or persons duly authorized
to |
Gavcmra may mde societies a d the said Board of Governors; and shall also haveKcicticr. an"'"""cO'pwa'od power, if they shall think fit, out of the funds placed at theirdisposal for the general purposes of the said South Australian Institute, to make a grant to any socie'ty so incorporated in aid of
the special objects of such society; and shall also have power to
make by-laws for the regulation and disposal of the property of the
said
26" &27" VICTORIX, No.19.
80uth Australian Institute Act.--1863. said South Australian Institute, and for its morc regular government; and to direct and order
at what times and in what manner,and under what restrictione and conditions the several societiesand associa- tions 'at any time forming part of, and incorporated with the said Institute, shall have and use the halls, lecture-rooms, class-rooms,Use of
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 effect- ing and carrying out the objects of this Act and of the said body corporate, but so nevertheless that the same shall be in accordance with, and not contrary to or subversive of', the statutes and rules in |
the Schedule hereto, marked B; and shall and may, if they shall
separate Societies. see fit, delegate any of the powers and authorities vested in them to
all or any of the conimittees of the sevcral societies which may
hereafter be i n c o r p o a witr 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 secretary, librarian, and other
publie officers or servants of the said South Australian Institute, and
from time to time to fix and determine the salary and emoluments to
be paid to such officers and servants.
10. A general meeting of the said body corporate h a l l be holden ing, |
annually in the month of October, on such day before the fifteenth day of the said month, and at such hour and place as shall from time to time be fixed by the said Eonrd of Governors, by giving seven days' notice in any two newspapers published in Adelaide, such general meeting to consist of not less than ten members of the said body corpo~ate, cxclmive of any members of the said Board of Governors; and if a sufficient number of members of the said body corporate to form a meeting be not present within one hour of the time fixed for such meeting, the said Board of Governors
shall be empowered to adjourn thc said meeting unto such time as | they may appoint; and at such general meetings a report of the |
proceedings during the preceding year of the said body corporate, and of the societies incorporated therewith, shall be laid before the members of the said body corporate; and at such general meetings all mattcrs connected with the affairs of the said body corporate may be discussed. |
l l. The said Board of Governors shall, on the requisition of any
Special meet in^two of the Governors or of any thirty of the members of the said body corporate, by giving fourteen days' notice in any two news- papers published in Adelaide, and affixing a lcgible copy of such notice in a. conspicuous plncc in the building occupied by the said body corporate, convene a special general meeting of the said body corporate, for the purpose of considering any matters connected with the affairs of the said body corporate that may be set forth in such requisition.
12. Every
3 P
26" &No VICTORIB, No. 19.
&uth Australian Institute Act.-1 863.
1
Tndcpendcnt action of
or associations, and to the meetings, lectures, classes, conversaziones, | |
and other arrangements of such several societies and associations, |
-
and to thc eleGion of committees to manage thc affairs of slxh several societies and associ?&ons, and to the framing, altering, and ~r:pealing of the by-laws and rules of such several societies and asso- ciations, as if such societies and nssociatioils were distinct and scparate societies and associations, and not incorporated together: Provided always, that the by-laws and rules of such several societies and nssociatioi~s shall not bc contrary nor repugnant to any of thc laws and customs of the renlni, nor to this Act, nor to the statutes and rules | in the Schedule hereto, marked B, nor to the by-laws, constitutions, | and ordinances, for the regulation of the said body corporate, made |
or confirmed by the said Board of Go~ernors. |
Distributicn of F ~ ~ C I S. 14. The sums of money annually, half-yearly, or quarterly sub-scribed by the members of such societies or associations as now are or may hereafter be incorporated with the said Institute, save as is hereinafter mentioned, shall be paid to and receivable and recover- able by the committees of such several societies or associations, or
by such officer or officers, as by the respective mles and regulations
of such several societies or associations shall be appointed for that purpose, and shall be applicrl by such respectbe committees or
officers in carrying into effect the particular object or objects in res-
pect of which such annual sabscniptions 'shall have bccn made by the members of such several societies or associations: Provided always, that all sums of money to be paid by members of the said bddi corporate subscribing to the public library thereof, shall be paid to,
and receivable, and recoverable by the said Board of Governors, and
shall
26% 270 VICTORIB, NO.i9.
8outh Australian Institute A c t. 1 8 6 3. shall be by them paid and applied in the augmentation or to the
purposes of the said public library.
lawful for the said Board of Governors from time |
to time, to frame and suggest such alterations or an~endments | in the |
statutes and rules in the%hedule hereto, marked B, or in other the statut.es and rules to be from time to time made and confirmed in the manner hexinafter provided, as to the said Board of Ciovernors shall seem fit; and
s u h alterations or amendments if approved by the Governor-in-Chief, shall be laid before both IIouses of Parlia- ment within ten days of such approval, if Parliament be then sitting, alld if Parliament be not then sitting, then within fourteeii days after the nest meeting of Parliament; ancl if the said alterations or amend- ments be not objected to or disallowed by a rcsolution of either House of ~arliai< within fourteen days After being so presented, the11 and theuceforwizrd the said alterations or amendments shall be deemed to be, and shall be confirmed, and shall possess the same power and validity, and authority in all respects as if they had been rrnbodircl in the said Schedule: Yrovided always, that no such altcrations or amcndments shall be contrary to or subversive of the provisions cuutained in this Act itself, irrespective of the said Schedule.
16. Every proceeding for the recovery of any penalty by this Act | C |
imposed or made pdyablc, may be had before any two or more Justices of the Peace, in a summary way, in the name of the Sccretary to the said South Alrstralian Institute, and such penalty shall be paid over to thc said Institute.
"'lPa
17. This Act may be cited for all purposes as the | South Austra- |
lian Iiistitute Act,, 1863."
I n the nntne and on behalf of the Q~ieen | I hcreby assent to |
this
Act.
I). | 1 |
SCHEDULES
260 &27" VICTORIX, No. 19.
SCHEDULES REFERRED TO.
Title |
... . .. .. .. .. ... . | An | c a l l d "The |
South Australian Institute."
., . | . | . | , | , | . ... . | . | .. |
Institute.' " |
1. The accounts of the Board of Go5ernors shall be mnually nuclitcd by the Auditor-General of the Pro~ince, | and an abstract thereof shall be annually laid upon |
the table of the IIonsc of Assembly of the said Province.
2. 'l'he | library department |
The reading-room, in which shall be kept one copy at the least of all newpapers
arid periodicals purchased for the Institute, for six months after their arrival; 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 charge, but subject to the regulations hereinafter provided, to the readiqproom, between the hours of noon and eight p.ni., or at such other time (not being less than eight hours per day) as the Board of Govcrnors may from timc to time appoint, cxcepting on such
number of such days or portions of days shall not exceed twenty-eight days in | days or portions of days as may from tiinc to time be fixed by the said Hoard of Governors for the rooms to be closcd for any special purpose; but the aggregate |
one year. | |
5. Any person seelring permission to read the books belonging to the Institute
shall beand is hereby required toccmply with the conditions hereinbefore set forth for admission to the reading-room, and shall also be subject to the following regulations :-I. When any application is made for permission to read the books belonging to the Institute, the Secretary, or other officer appointed for the purpose, may, if he
see fit, xithholdsuch permission until the next mccting of the Board of Governors, who shall be and are hereby empowered, at their discretion, either10
grant or refure such permission.
26" &2'5" VICTORIB,No. 19.
11. 'The Board of Governoroinay, if they see fit. at any time withdrawthe pcr-
n~ission | so granted. |
permjssion has bcen granted, |
shall not
be allowcd to take any book from the reding-room, nor to have more than one volume at a time, except under special circutnstances to be approved in writing by the Secretary.IV. Persons bcing noa-subscribers shall under co circumstawes be admitted to the library except by special order of a Governor.
v. If any person fihalI remove any book, periodical, or newspaper, from the library or reading-room, without, tlie permission of the Librarian or other proper officer, he shell forfcit therefor the sum of not less than Two l'oundv nor more than Five Pour&
C,. The subscription to the library shall not be less than One Pound nor more than Two I'auads per nnnum, to be paid in cqual quarterly or annual payments; and persons, on 01'3t becoming subscribers, shall pay in addition an cntrancc fee of not less than Two Shiilings and Sixpence, nor inore than Ten Shillit~gs; the amounts of such subscription and entrance fee to be from time to time determined by the Board of Governors.
7. Pcrsons shall be allowed to bccomc subscribers to the library of the Institute, subject to the folIowing regulations :---r. Any person desiring to subscribe to thc said library shall previously insert his name and full address, with particulars of his occupation, in a book to be kept for the purpose; and shall also (if required) deposit with the Secretary
tl certificate, signed by two householders of respectability, to the effect that the person so desiring to subscribe is known to them, and is a fit person to be allowed so to do.
I t, JVhen any person desires as aforesaid to subscribe to the library of the Institute, tlie Secretary, or other officer appointed for the purpose, may, if he seefit, refuse to receive such subscription until the next meeting of the Board of Governors, who shall be and are hereby empowered, at their didcretion, either to receive or to refuse such subscription.
m. | The Board of Governors may, if they see fit, at any time esp'el any subscriber guilty of misconduct. |
IT. Subscribers to the library shall be allowed to take out one or more volumes of singlc work, or of two separate works, at one time for a fixcd period, as specified in such hook or books; provided that only one of such works shall belong to class M, in the library catalogue; and provided also that pcrsons sn taking out books shall, if required by the Librarian, or other officer appointed for th.: purpose, deposit a sum not exceeding the cost of the work or worlts so taken out, to ensure their return; and provided also, that if the lwriod fixed for the ictention of any book so taken out be exceeded, the Librarian may, if he see fit, give noticc thereof in writing to the subscriber so retaining such book, and such eubscriber shall thereafter be subject to a fine of Twopence per day for eyery day that he retains such book after the delivery
v. Any subscriber lending a book belonging to the South Australian Institute
to
m y non-subscriber, not being a mc~nber | of such subscriber's household, shall |
render himself liable to expulsion. |
vr. Any subscriber defacing or losing any book, the property of the SouthAus- tralian Institute, shall be required to pay for a new copy of the same; and if the hook so defaced or lost be one volume of a set, and it be found impossiblc to replace the said volume, such subscriber shall r e p l a ~ e the whole work; but, in e ihc r case, the said subscriber shall bc entitled to the injured volume or woik so soon as it is so replaccd.v11. Books shall not be issued to any subscriber in an imperfect condition, unless
n memorandlim be made in any such book stating the nnturc and extent of
such imperfection; but, in the event of any book being so issued, or
of its receiving damage while in the custorly of any subscriber, lie shall, on returning such book, call thc attention of the Librarian to any injury i t may have sustained; and any subscriber failing to do so shall bc held responsible for any such Injury.
double eubscription, |
to take out not more than four books at one time, and to retain such books so taken out for twice the number of days notified therein, unless any
such Look shall have been added to the library within the preceding twelve months, in which case the ordinary number of days only shall be allowed.rx. All
3 z
26" &27" VICTORIB, No.19.
South Australiatz Azslitute Act.-1863.
rx. All entries by the Librarian, Secretary, 0:. other person appointed or anthoriaed on that behalf, made in the issue book of the Institute, relating to the loan of any book to any subscriber, shall be good and sufficientprim4 farie evidence that thebook mentioned in any such eiltiy ;ras lent at thc time and to the person mentioned in such entry; and if, within one month from the time at which such book ought to have been returned by such subscriber, there shall be no entry made in the issue book of such return, such subscriber shnll be conclusivcIy deemed to have lost or kept such book.
X. If any subscriber shall carelessly or negligently permit or suffer any book belonging to the Institute to be @old or rtisposed of when in his possession or castddy, he shall forfeit therefor thc s m l of not less than One Poi~n-[l, llor more thanFive Pounds.
application in w r i h g for the |
use of several works, for the purpose of study, tlie Sccret~ry | shall have power |
to grant the same for a period not exceerling fourteen days. |
8. The Board of Ciorernors shall be e m p o w e d to tleclart: any books in tllc l ib~ary
to be books of reference, and such books shall not, under any circumstances, be removed from the Institute escept by special pcrmission cf the Secretary, or other officer properly antliorizd; and the Librarian shnll, in cvcry case, take a written receipt for snch books whcn issued.
9. The Governors sliall be empowered, if they see fit, once ill every year, to call in all books in circulaiion, and to suspend the issue of books for a period not csceeding twenty-one days.
similar |
to those prescribed for admission to the rcading-room, escept that the museum shall
only be open from noon till dusk, unlcss otherwise dctcrmined by the Board of
Governors; m d the said Hoard of Governors shall be empowered to admit persons | + |
to the advanlages of any other branch of the Institute, not being under the control of any separate incorporated society, a t such times as they shall see fit, ancl either free of charge, or upon payment of a ccrtain sum, to be fixed by the said Board, | |
11. The flovcrnoro s!dl be, and are hereby empowered to extend the advactages of tF,o Institute, so far ss they may deem it. cspedicnr, to all suburban and country In~t i tu t rs, established for the promotior. of similar objects; provided that any Institute hereafter applying to have such advantages extended to it shall be required to conform to 'the following regulations :- |
r. The rules of such Institutc shall be subject to the approval of theBmrd of Gowrnors, and a copy thereaf be deposited with the Secretzry of tlie South Australian Institute.rr. In the event of m y of the said rules being altered, the Secretary of such Institute shall forward notice tiirrzot (together with a copy of the aitercd rules) to the Secretary of the South Australian Institute, within fourteen days after such altercrtion shall ha:^ bccn made.
III, Full statistical returns, upor. a form to be yrovided by the Board shall be
forwarded half-yearly by such Institute to the Hoard of Csvernors. |
IV, 'Shcre shall be no restriction upon the admission to mtmbership of such Institlrte, fnrther than is r-ecessary to provide for the maintenance of good order and the security of the property belonging to such Institutc.
u. Tllc rulcs of such Institute s l d lbr required to providc for thc appointment of Trustees, i n whl;sc hands the books and other propcrty of th9 Institute shall vest, in event of its dissolution; in order that such bcoks and other property may be preserved for the use of any Institute of a similar characterwhich may be established in the same locality.
shall bc, and are hereby empowered to |
consent to twmu with any Societies now existing, or hereafter to
bc formed, within the Province-and having for their object the advancement uf any art, s c i m x, or
branch of Irnowlcdge-for | the incorporation of such Societies with the South Ans- |
lralian 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 conclucl
their own affairs, subjcct, orrly to the provi$ons of this Act.
Ir. Societies, so incorporated, shnll bo rcynired to contribute a sum, to be agreed
upon
Institute.
m. Societies, so incorporated, shall be entitled to the use of one or more of the
rooms
26" &27" VICTORIB, No.19.
South Australian Institute Act.-1863. rooms of the Institute, and also to the sekvices of one rir uore
of the officers of the Institute, at such times and in such manner8s may borlgreed upon with the Board of Governess.
rv. The property accumulated by Societies so incorporated, and preserved in therooms of the Institute, shall no: be permanentlyremoved from the Institute, nor c~therwise disposed of without the consent of the said Board of Qovcrnurs; and if any such Society shall, at any time, lapse or be dissolved, the preperty
ac- cun.ulated by it shall thereupon become vested in the South Australian Institute: Provided always, that nothing in this rule contained shallapply to the private property of individual members of any such Society, by them lent for the use of the members of such Society; for the prcser~ationaf which, proper receptacles shall be provided in the Institute by such Society.
13. A copy of the foregoing Statutes and Rules shall be eshi!rited in the readinp- rwrnc£ the said Institute for tlic inrornratioa and guidance of the readers therentaccl subscribcru thcrclo.
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