Sydney Hospital Act of 1881 No sha (NSW)

Sydney H ospital

An Act to incorporate the Sydney Infirmary

and Dispensary. [15̂ /̂ November, 1881.]

Preamble. TTTIIER EA S a Society or Institution was in the year one thousand

eight hundred and twenty-six established known as the “ Sydney Dispensary ” having for its object to afford medical and surgical relief to poor and destitute persons and others requiring such aid And whereas hy the Act of Council seventh Victoria number twenty-three the members of the said Sydney Dispensary were enabled to sue and be sued in the name of their Treasurer for the time being and in the same name to acquire and hold land hy pui’chasc or lease and provision was also made in case the said Society should establish a General Hospital that the said Act should he applicable to such Hospital as well as to the said Dispensary And whereas the Hospital so contemplated Avas established in the year eighteen hundred and forty-six and the Society thereupon became and has since been desig­ nated and known as the “ Sydney Infirmary and Dispensary” and has under such designation continued to occupy the lands buildings and premises in Macquarie-street originally occupied hy the said Sydney Dispensaiy and a grant thereof has been issued to the said Society upon

V V

certain

1881.   45 ̂ VIC.

Sydney Hospital.

certain trusts in favour of the said Infirmary and Dispensary and subject to certain conditions qualifications and provisions as therein expressed And vdicreas the moneys now possessed hy or held in trust for the said Sydnej^ Infirmary and Dispensary have been given bequeathed or sub­ scribed by persons of  arious religious denominations and it is therefore deemed expedient that the said Institution shall be entirely unsectarian in character And whereas it is expedient for the purpose of more effectually carrying out the purposes for Avhich such moneys arc held a u z . the erection of a suitable building or buildings the maintenance thereof and to ensure the good government and management thereof that the subscribers for the time being to the erection and support of the said Hospital should be incorporated Avith and subject to the poAvers privileges conditions and provisions hereinafter expressed and that the land comprised in the grant licreinbcforo referred to should be vested and held in manner liercinafter mentioned And Avhereas attendance by medical students in the Sydney Infirmary and Dispensary is recognized by the British Medieval Schools as a  alid attendance for the pm’posc of obtaining a degree or diploma in medicine or surgery in Great Britain and it is expedient to make provision for facilitating and regulating such attendance Be it therefore enacted by tlie Queen’s Most Excellent Majesty by and Avith the advice and consent of the Legislative Council and Legislative Assembly of N bav South Wales in Parliament assembled and by the authority of the same as folloAVs :—

1. This Act may be cited as the “ Sydney Hospital Act of Title of Act.

1881.”

2. Erom and after the passing of this Act the Act seA'enth Repeal of 7 vie.

” shall be repealed but Avithout prejudice to anything lawfully done or commenced thereunder.

Victoria number twenty-three intituled “ A n Act to enable the ' ' denominated ‘ The Sydney Dispensary ’ to sue and be sued in the name of the Treasurer fo r the time being and for other purposes therein mentioned

3. All persons A\dio at the time of the passing of this Act shall Subscribers to

be entitled to Amte at the meetings of the Sydney Infirmary and Dis­ pensary And all persons aa'I io shall hereafter contribute to the support of tlie Sydney Hos])ital a sum of not less tlian one pound annually so long as they continue so to contribute And all persons avI io shall contribute to the building fund of the Hospital or the general support of the Institution a sum of not less than fifty pounds in one sum shall be a body corporate by the name of the Sydney Hospital and shall liaA’e perpetual succession and a common seal and under that name may sue and be sued prosecute and defend and take all other proceedings in all Courts civil and criminal within the said Colony.

d. All real and personal estate now or hereafter A'cstcd in and aii trust proiwrty

held Ijy any person or jAorsons in trust for the said Sydney Dispensary

or Sydney Infirmary and Dispensary are and shall be hereby trans-

’

ferred to and  ested in the said body corporate subject to any trusts

affecting the same.

5. I t shall be laAvful for the said body corporate to take Power to iioH and

purchase hold and enjoy not only such lands buildings and heredita­ ments as may from time to time be required for the purposes of the Institution but also any other lands and herttditaments Avhatsoever or wheresoever situate and also to take purchase receive hold and enjoy any chattels and personal property and also to sell grant convey demise or othcrAvisc dispose of either absolutely or by Avay of mortgage any of tlic property real or personal belonging to the said body corporate Provided tliat it shall not be laAA'ful for the said body corporate so to s(dl grant convey demise; inortgage or dispose of any land now or hereaffer granted by the CroAvn.

45° VIC. 1881.

Sydney Uospitcd.

Institution and pro- G. Tlic Institution and the property of the said body corporate the Institution for the time being subject to the by-laws for the time being of the said Institution and six Directors shall form a quorum of such Board for the doing any act or performing or transacting any business Avhich may under the provisions of this Act or the by-laws of the said body corporate be done performed or transacted by such Board.

prty to bo managed	Pq govcmcd inauagcd and disposed of hy the Board of Directors of
by Directors.

Board of Directors.	7. The Board shall for all purposes connected with the said Institution he the rcirrcsentativcs of the said body corporate and shall consist of a President two Yicc-Presidents a Treasurer and twenty Directors together with two representative Directors to be annually elected by the Honorary Medical and Surgical Officers of the said Institution And of the twenty Directors aforesaid ten shall be nominated by the Governor ivith the advice of the Executive Council and shall hold office during the pleasure of the said Governor and Council.
First Board of	8. A general meeting of the subscribers shall be held ivithin two months after the passing of this Act for the purpose of electing a President two Vice-Presidents a Treasurer and ten Directors who together with two representative Directors elected as aforesaid and ten Directors nominated by the Governor shall collectively form the first Board under this Act and until the said elections and nominations shall have tahen place the existing Board of Directors shall continue to manage the said Hospital.
Directors.
Election of President	9. The President Vice-Presidents and Treasurer shall be elected annually at a meeting of the subscribers to be held in the month of January or Pebruary the first of such annual meetings to take place in the month of Pebruary next and of the teii Directors elected hy the subscribers as aforesaid four shall retire annually the retiring Directors being those whose attendance at the meetings of the Board shall have been the least numerous And where any doubt sball exist as to the Directors to retire under this provision the Board shall determine the matter by lot but the retiring Directors shall in every year be eligible for re-eleetion.
Vice-Presidents and
Treasurer.
Power to malto	10. Subject to the provisions of this Act it shall be lawful for the Board to make repeal and alter by-laws for regulating the times and mode of meetings and of transacting business for fixing the number of votes of contributors in proportion to the amount of their contributions for determining the qualification disqualification change retirement election and appointment of Directors medical officers auditors executive and other officers and nursing stafp and sub­ committees of the Institution and generally for the support manage­ ment and government of the Institution and of all officers servants and patients thereof And such by-laws shall on approval by the Governor with the advice aforesaid and upon pubheation in the Gazette have the full force of law and shall be laid before Parliament within fourteen days after such approval if Parliament be then sitting and if not then within fourteen days after the commencement of the next ensuing Session thereof.
by-law.s.
Evidence of copy of	11. A copy of the Gazette containing any such by-laws pur­ porting to be certified by the Secretary for the time being of the Institution as being correct shall be received in any Court as conclu­ sive evidence of such by-laws having been duly made in pursuance of the provisions of this Act.
by-laws.
Power of Directors	12. I t shall be lawful for the Board from time to time to invest any funds of the said body corporate Avhich arc not in tbe opinion of such Board required to defray the current expenses of the Institution and any moneys given or bequeathed to or arising from any donation of real or personal property to the Institution at the discretion of such Board in any Government funds or debentures of
to invest funds.

any

1881.   45 ̂ VIC.

Sydncu Ilospital.

any Australian Colony or in any debentures or debenture stoek of any Munieipal Corporation in tbe said Colonies or of any Bank or incor­ porated company carrying on business there in or by nay of purebast'. of or mortgage upon any freehold estate there as n’eH as in Bank or deposit rc'ceipts for fixed periods or otbern ise n itb pon cr from time to time and at any time to vary and transfer any such investment for or into any other investment autlioriztxl by this Act Provided always that it sball be lawful for tbe said 13oard in their absolute discrc'tion at any time to resort to any sueb im'estments and to sell the same for tbe purpose of applying the moneys to arise from sueb sale for tbe purposes of the Institution.

13.                The Board may from time to time elect and appoint from Diirctors lo ni)point

tlieir own body a bouse committee and such and so many sub-committees sub-commiuees. conditions as shall be expressed and declared by tbe by-laws.

as they may think fit for transacting the affairs and business of the

I t. I t sball be lawful for tbe Board from time to time to make rowd-to appoint

provision tor tbe instruction of medical students and for tlie establisb- ment and support of a nursing and training staff for tbe Institution And for regulating the attendance of sueb medical students and the fees to be paid by them.

15. No irregularity informality or illegality in the election or informality of dec-

appointment of any Director or officer of the Institution sball render JX’er̂ notTô '̂

illegal or invalid any act deed matter or thing done or executed or invalidate acts &c.

suffered to be done or executed by such Director or officer in piu’suancc

of sueb election or appointment but any such election or appoint­

ment may in such way as may be provided for in the said by-lan s be

determined by resolution to bo good or bad and if bad the vacancy

may be supplied in such way as may be provided for in such by-laws

tbe provisions wbereof as to tbe validity of any sueb election or

appointment and tbe acts deeds and tilings done by any Director or

officer in pursuance of any sueb election or appointment sball have tbe

force and effect of law.

IG. I t sball be lawful for tbe Treasurer to institute and prosecute Pi-occeciings mny bo

in tbe name and on behalf of the said body corporate proceedings in

any Court against any person who may have recciycd medical or lion fortrontineut in

surgical treatment in the Institution or against tbe executors or	institution,
administrators or tbe Curator of the estate of any sueb jicrson for the recovery of fees and remuneration for sueb care and attention and any amount recovered in any sueb proceeding shall be applied in such way as may be provided in tbe by-laws.

17. All unclaimed moneys of patients who sball die in tbe Unclaimed moneys

Institution sball be tbe projicrty of tbe said body corporate and sball

form a distinct and separate fund to be called the “ Samaritan Bund ” Fund.”

wbicli fund sball be managed and disposed of in sueb manner as

sball be provided by the by-laws for tbe benefit of necessitous outgoing

patients.

An