Sydney Dispensary Act 1843 No 26a (NSW)

1843, T VIC. N o. 23. 1437

Sy^dncij Dispensary.

No. XXIII.

A ll A ct to enable th e M em bers o f a certain Insti-.svû EYDIs. E .̂ sAEy.

tntion in th e C olony o f N ew South W ales

denom inated “ T he Sydney D isp en sa ry ’' to sue and be sued in th e nam e of th e Treasurer for th e tim e being' and for other purposes therein m entioned . [Iteserved— 16th Novem­

ber, 1843.]

A ^riIE H E A S a society or institution has been established in the ricamWc.

Colony of New Soutli Wales called “ Tin; Sydney Uispensary” which has for its object to afford medical and surgical relief to poor and destitute persons and whereas to ensure its permanent prosperity it is expedient that some member of the same should he entitled to sue and he liable to he sued in the place of tlie whole of the mendters

V V

of such society or institution Be it tlnwcfore ciiacted by llis Excel-Society to be sued

leney the Governor of Nt'w Sontli Wales with the advice and consent of the Legislative Countil thereof That all actions and suits what­ soever against any person or jtersons wlicthcr ;i member or memlters of the said society or institution or otherwise and all other proceedings whatsoever whether at law or in equity to he comunmeed or prosecuted by or on behalf of the, said society or institution or wherei]i tlie said society or institutioib is or shall he in anywise interested or concerned against any person or persons body or bodies corporate or politic* shall and may he lawfully commenced and prosecuted in the name of the person who sliall he the Treasurer of the said society or institution at the time any such action suit or other proceeding shall he instituted as the nominal plaintiff complainant or petitioner for and on behalf of the said society or institution and such proceedings shall and may he prosecuted and carried on to their final termination in tlic name of such Treasurer notwithstanding any change may have; been made in the said olliee of Treasurer during the jirogress of such suit action or other proceeding.

2. And he it enacted That all actions suits and other proceed-Actbms and suits

• 1 1 i - i ' x x i affainst tlie society

mii’s at laAv oi* in equity to bo commenced and prosecuted against the to he prosecuted said society or institution shall he commenced :uid prosecuted against Oil behalf of the the Treasurer thereof for the time being as the nominal defendant for

and on behalf of the said society or institution and that the death rc'signation or other act of the Treasurer of the said society or insti­ tution shall not abate any such action suit or proceeding but the same may be continued Avhere it left off and be prosecuted and carric'd on against the said society or institution in the name of such person Avho Avas Treasurer Avhen such action suit or other proceeding Avas instituted or commenced EroAuded always that every such Treasurer in Avhose name any such action suit or other proceeding shall be commenced prosecuted carried on or defended shall in all cases be reimbursed and paid out of the funds of the said society or institution.

d. And be it enacted That the members of the said society or The membpis of the

institution shall l)c and tluw are licrehy autliorizt'd and enabled by

in the name of their Treasurer for the time bt'ing to accept take and loase lands &c.

hold by purchase or lease any estate or estates in lands tem'ments or

hereditaments of inheritance or for lives or years or for years defer-

niinable

1438 N o. 23. 7*̂ y io . 1843.

Sydney Dispcnsany.

minable on the death of any life or lives as also to accept take and hold all voluntary grants and donations of lands tenements or liereditaments or of any estate or interest therein provided that the same he and he made hy deeds indented sealed and delivered in the presence of two or more credible witnesses twelve calendar months at least before the death of such grantor or donor (including the days of the transfer and death) and of any personal property and effects whatso­ ever which shall he made to them or their said Treasurer for the purpose of promoting the objects of the said society or institution Provided that if it shall at any time appear that the value of such lands tenements or liereditaments exceeds the sum of forty thousand pounds or if it shall appear that the annual income or revenue arising therefrom exceeds the suniTof three thousand pounds it shall and may he lawful for the Governor by and with the advice and consent of the Legislative Council of the said Colony to direct that such a portion of the said annual income or revenue as to the said Governor and Council shall seem proper shall he paid to the trustees or directors of any society or societies now established or instituted or hereafter to he established or instituted for the relief of the poor or for any other charitable purpose within the City of Sydney and the Treasurer for tlie time being of the Sydney Dispensary or Hospital is hereby authorized and required to pay the same accordingly.

roXniê notwith- it enacted That the provisions in this Act contained

standing change of shall cxtcud and be coustrued and taken to extend to the said society memhers.

or institution at all times during the continuance of the same whether the said society or institution he now or be hereafter composed of all or some of the persons who were the original members thereof or lie composed altogether of persons who were not the original members of the same.

Provisions of tliis

Act to apply to	5. And be it enacted That in the event of the Committee for consequence of increasing disease or other sufficient cause on the ground or buildings assigned or conveyed or hereafter to be assigned or conveyed to them or to the said society or institution a general hospital for the reception and relief of sick patients and furnishing the same with medical and surgical assistance all the foregoing and following provisions of this Act shall be held as applicable to the said liospital.
hos])ital if elected	the time being of the said society or institution establishing in
by the society.
Not to bo construed	6. Provided always and be it enacted That notliing in this interest of Her Majesty Her Heirs and Successors or of any body corporate or politic or of any other person or persons excepting such as are mentioned herein or of those claiming by or under him her or them.
inr̂ M̂ jesty	Ordinance contained shall be deemed to affect or apply to any right title
Heirs &c.
This Act to be
deemed a Public	7. And be it enacted That this shall be deemed a Public Act and shall be judicially taken notice of as such by all Judges Justices and other persons whatever m thout the same being specially shewn or pleaded.
Act.

No. XXIV.