Sydney Mechanics School of Arts Incorporation Act of 1874 No sms (NSW)

1874.   87" VIO.

Sydney Mechanics School of Arts Incorporation.

An Act to incorporate the Sydney Mechanics

School of Arts and for other ])nrposes

therein mentioned. [Mli May, 1874.]

■^TTHEEEAS a certain literary Society or Institute was established rrcam bic. ’

in Sydney in the year one thousand eight hundred and thirty- three under the name or style of the “ Sydney Mechanics School of Arts” the objects of the said Institution being the intellectual improve­ ment of its members and the cultivation of literature science and art And whereas by three Acts of the Legislature of this Colony passed respectively in the sixteenth nineteenth and twenty-second years of the reign of Her pi’csont Majesty certain land and buildings were vested in the president senior vice-president and treasurer for tlic time being of the said Institution to hold the same in trust for the purpose of the said Institution and subject to the rules and regulations tliereof and with power to mortgage or sell tlie same And whereas it is expedient to incorporate the members of the said Institution and to vest the real and personal property held in trust for or belonging to the said Institution in the corporation to be created by this Act and also to confer on such corporation certain corporate powers and other­ wise to regulate the said Institution Be it therefore enacted by the Queen’s Most Excellent Majesty by and with the advice and consent of the Legislative Council and Legislative Assembly of Now South Wales in Parliament assembled and by the authority of the same as folloAvs :—

T V

1. This Act may be cited for all purposes as the “ Sydney short title of Act.

Mechanics School of Arts Incorporation Act of 1871.”

2. The Acts enumerated in the Schedule hereto shall be and Repeal of Acts,

the same are hereby repealed but such repeal shall not affect the past operation of any enactment in any of the said Acts contained or any proceeding act matter or thing instituted done or commenced there­ under.

3. All persons who have already become or who may hereafter incorporation of

become members of the Sydney Mechanics School of Arts (hereinafter members of Sjdney termed the “ Institution”) shall be and they are hereby constituted a ° body eorporatc by the name of the “ Sydney Mechanics School of

Arts” and by that name shall have perpetual succession and a common seal and may sue and be sued implead and be impleaded ansAver and be answered proceed and be proceeded against in all Courts whatsoever.

4-. All real and personal property of what nature or kind soever Tranafor of real and

vested in or held by any person or persons Avbcther as trustees or otherAvise in trust for the said Institution shall on the passing of this Act be and the same is hereby transferred to and A'csted in the said body corporate.

5. The said body corporate are hereby empoAA'ered to take Power to bold ami purchase hold and enjoy to them and their successors for CA’cr all the 4eai with property, said real and personal property hereby transferred to and A’csted in

them and also may take purchase hold enjoy and receive any other real or chattel property Avhatsoevcr necessary or proper for the purpose of the Institution and may sell grant coiiAmy assure demise or otlicr- Avisc disjiose of cither absolutely or by AAuy of mortgage any such real or personal property hereby vested in or hereafter to be acquired by such body corporate Provided ahiays that no sale mortgage demise encumbrance or other disposition Avhatsoevcr of any such I’cal or personal property shall be laAAdul unless the same shall have bi'cii previously sanctioned by resolution of a general or special meeting of the members of the Institution.

i 6.

98 ST VIC. 1874.

Sydney Mechanics School o f Arts Incorporation.

Management of

Institution by	6. The management and control of tlie Institution shall be entrusted to a committee to be elected as bereinaftcr provided and such committee shall consist of a president four vice-presidents a treasurer and twelve committee-men.
committee.
Power of committee.	7. The said committee shall have power to make repeal amend or alter by-laws- for the general regulation of the affairs of the Institution and the good conduct thereof and shall also have power to fine suspend or expel any member thereof subject to such members right to appeal to a general meeting to receive expend and manage the funds of the Institution to let any room or part of the said Institution for any period not exceeding six months to regulate the admission of persons not being members thereof to engage and dismiss the paid officers to dispose of by public auction or pi'ivate contract any of the old damaged or worn out hooks papers ajiparatus or other effects belonging to the said body corporate to initiate conduct and defend all legal proceedings and to transact generally all the business of the Institution.
Custody and use of
corporate seal.	8. The said committee shall have tl e custody and use of the common seal of the said body corporate anc. the form thereof and all other matters relating thereto shall from time to time he determined by the said committee and a majority of the members thereof present at any meeting shall have power to use or direct the use of such seal for all purposes whatsoever requiring to he e-'ddenced by the corporate seal of the said hodv corporate Provided alwavs that it shall not he necessary to require such seal to he affixed as evidence of the appoint­ ment of an attorney or solicitor by the said body corporate in or for
Existing by-laws
confirmed.	the jorosccution of any action suit or other proceeding.
9. The rules and by-laws of the Institution in force at the time of the passing of this Act are hereby confii-med and shall except so far as repealed altered or amended in pursuance of the provisions of this Act be and continue binding on the members of the Institution and all other persons as fully and effectually as if the same had been made under this Act and a printed copy of such by-laws or of any by-laws made under the authority of this Act sealed with the seal of
Evidence of by-laws,	the said body corporate and purporting to be certified by the secretary of the Institution for the time being as correct shall be received in all Courts as conclusive evidence of such by-laws and of the same having been duly made under the authority of this i^ct.
Auditors.	10. There shall be three auditors of the Institution to be elected at each annual meeting.

Qualification of	11.	All members of the Institution of at least six months standing
members of

committee and	who shall not he subject to the disqualification mentioned in the next
auditors.	section shall he eligible as members of the coinmittee and auditors.
Disqualification.	12. Any person deriving pecuniary advantages or emolument from the institution or contracting or agreeing therewith for the supply of any goods material or work thereto shill he disqualified from liolding office or acting as a member of the committee or as an auditor whilst so deriving such advantage or emolument or contracting or agreeing as aforesaid.

Election bow 13. The election of the committee of management and auditors An alphabetical roll of all the members eligible for election (distinguishing those in office) shall be prepared by the secretary and placed in the reading-room or vestibule of the Institution at least fourteen days prior to the annual meeting.

conducted. sliall he by ballot and shall be conducted in tlic following manner:—

Any member may nominate any other member whose name is

entered on such roll as a candidate for election by giving

notice thereof in writing to the secretary at least seven days

prior

1874. s r VIC. 99

Sydney Mechanics School o f Arts Incorporatiori.

prior to the annual meeting and only those meinhers whose names appear on sueh roll shall he entitled to vote at any such election.

The secretary shall prepare a list setting forth the names of candidates and th(dr proposers together with the offices for which they are nominated and such list when complete shall he exposed in the vestibule and the names of the candidates shall also he advertised on the day of the ballot in two Sydney newspapers.

The ballot shall take place on the day of the annual meeting under the direction of the committee and shall commence at four p.m. and close at eight p.m. At the annual meeting three scrutineers not being candidates for election shall he chosen from the members present and shall report the result of the voting to the chairman of such meeting who shall in the event of any equality of votes have a casting vote and in the (Went of sucli chairman being one of the persons for whom an equal number of votes has been recorded then the meeting shall elect a chairman for the purpose only of receiving such report and giving if necessary a casting vote and such report shall he preserved among the records of the Institution until the next annual meeting The result of the election shall he announced at the annual meeting or at an adjournment thereof.

I I . In the event of there not being sufficient nominations in insufficient

accordance with the last rule the committee shall prior to the annual meeting supply tin; omissions and if there he only sufficient candidates for any office no ballot will he hold with respect to such office.

15. In the event of any vacancy occurring during the year in Vacancies how to be

the offices of jircsidcnt vice-president treasurer or auditors the same may be filled up by the committee from amongst their number until the next annual meeting Other vacancies in the committee shall he filled up by them for the like period from the scrutineers report in the order of majority of votes recorded.

16. The committee shall meet at least once in every month for Monthly meetings,

the transaction of business Tivc members shall form a quorum and

the chairman shall he entitled to a casting vote only.

17. I t shall be competent for the president for two v ice-S p ec ia l meetings,

presidents or for any three members of committee to call a special meeting of the committee provided twenty-four hours previous notice of sueh meeting he given by the secretary to every member of the committee.

18. If any member of the committee shall resign or absent offices in conm iittee

liimself from tlie meetings thereof for three consecutive months without	forfeited,
sufficient cause in the opinion of the committee or become otherwise disqualified under the twelfth section of this Act his scat shall he declared vacant at the next meeting of the committee.

19. A general meeting of tlic members of the Institution of Annual meeting,

which seven days notice shall be given by advertisement in two daily papers shall be held annually on the first Tuesday in Tchruary com­ mencing at eight p.m. for the transaction of the general business of the Institution and at such meeting the report of the preceding year shall he presented for adoption.

20. A special gimeral meeting of the said members may at any Spcdai general

time be called by a majority of the committee or by fifty members of the Institution on a requisition in writing to the secretary signed by them and notice of such meeting stating its objects shall be published in two daily newspapers in Sydney at least ten days prior to the day of meeting.

. 21.

100 37“ VIC. 1874

Sydney Mechanics School o f Arts Incorporation.

Slattors to bo

entertained, at	21. No motion for winding up tlic Institution or for repealing altering adding to or amending any of its rules or for any other purpose except motions of course shall be proposed at any general meeting unless seven days previous notice tluireof in writing he given to the secretary and a duplicate of such notice he at the same time posted in the vestibule of the Institution.
meetings.
Chairman.	22. At every general meeting the president or in his absence one of the vice-presidents shall preside and in the absence of the president and all the vice-presidents the chairman shall he elected from the members of committee present.
Voting.	23. At every general meeting the voting unless otherwise pro­ vided by the by-laws shall he by show of hands in the first instance hut it shall be competent for the chairman or any six members to demand a division.

S C H E D U L E .

Repeal o f Acts.

Year. Title.

16 V ic ...................... A n A c t to enable tbo P resid en t Senior V ice -P resid en t and T reasurer

o f th e S yd n ey M echan ics School oi A rts to se ll th e land b e lo n g ­

in g to th e said in stitu tio n in G eor;;c-street S o u th S y d n ey and to purchase other lan d and erect n ew bu ild ings in con n ection w ith tlio objects o f th e sa id so c ie ty in a m or3 co n v en ien t s itu a tio n and for other pu rp oses th erein contained .

19	V ic ......................	A n A c t to am end an A c t in titu led “H i Act to enable the President Senior Vice-President and Treasuier of the Sydnep Mechanics School of Arts to sell the land helorqinrj to the said institution in Georqe-street south Sydney and to nurchase other land and erect new Imildings in connection tcith the objects o f the said society in a more convenient situation and for other purposes therein contained.”
22	V ic ......................	A n A c t to am end tw o A c ts p assed resjicetive ly in th e s ix te en th and

n in eteen th years o f H e r M ajesty concern ing land and bu ild in gs

o f th e S y d n ey M ech an ics School o f A rts.