Sydney University Act 1850 No 31a (NSW)

No. XXXI.

An Act to incorporate and endow the University

of Sydney. [1st October, 1850.]

to hold forth to all classes and denominat ions of H e r Majesty 's	WH E R E A S rel igion and mora l i ty and t h e p romot ion of useful knowledge
subjects res ident in t h e Colony of N e w South W a l e s wi thou t any dis t inct ion whatsoever an encouragement for p u r s u i n g a r egu la r and l iberal course of educat ion Be i t therefore enacted by H i s Excel lency t h e Governor of N e w South W a l e s w i th t he advice a n d consent of t h e Legis la t ive Counci l thereof Tha t for t h e purpose of ascer ta ining by means of examina t ion t h e persons w ho shall acquire proficiency in l i t e ra tu re science a n d a r t and of reward ing t h e m b y academical
degrees as evidence of the i r respective a t t a inmen t s and by m a r k s of
honor propor t ioned the re to a Senate consis t ing of t he n u m b e r of
persons hereinafter ment ioned shall w i th in th ree m o n t h s after t he pass ing of th i s A c t be nomina ted and appointed by the said Governor w i th t h e advice of t h e Execu t ive Counci l of t h e said Colony by Proc lamat ion to be duly publ i shed in t h e New South Wales Govern­ ment Gazette which Senate shall be and is hereby const i tu ted from t h e da te of such nomina t ion and appo in tmen t a body poli t ic and corporate by the n a m e of " The Univers i ty of Sydney" by which n a m e such body polit ic shal l have pe rpe tua l succession and shall have a common seal and shall by t h e same n a m e sue a n d be sued implead and be impleaded and answer and be answered u n t o in all Cour t s of t he said Colony and shall be able and capable in law to t ake purchase and hold to t h e m and the i r successors all goods chat tels and

it is deemed expedient for t he be t t e r advancemen t of

and personal p roper ty whatsoever and shall also be able and capable in law to t ake purchase and hold to t h e m and the i r successors no t only such lands bu i ld ings he red i t amen t s and possessions as may from t ime to t ime be exclusively used and occupied for t h e immedia te requ i rements of the said Univers i ty b u t also any other lands bui ld ings he red i t amen t s and possessions whatsoever s i tua te in t h e said Colony or elsewhere and t h a t they and the i r successors shall be able a n d capable in law to g ran t demise al ien or otherwise dispose of all or any of t h e p roper ty rea l or personal be longing to the said Univers i ty and

also to do all o ther m a t t e r s and th ings	incidenta l	to or	apper ta in ing
to a body poli t ic .

2. Provided a lways and be it enac ted T h a t i t shall no t be lawful

for t h e said Unive r s i ty to a l ienate mor tgage charge or demise any

lands t enemen t s or he red i t aments to which i t m a y become ent i t led by

g r a n t purchase or otherwise unless w i th t he approval of t h e	Governor
and Execu t ive Counci l of t h e said Colony for t he t ime be ing	except

b y way of lease for any t e r m no t exceeding th i r ty-one years from the t ime w h e n such lease shall be made in and by which t he r e shall be reserved and made payable du r ing t h e whole of t he t e r m thereby g ran t ed t h e best year ly r en t t h a t can be reasonably go t t en for t he same wi thou t any fine or foregift.

3 . A n d be i t enacted Tha t by way of p e r m a n e n t endowment

for t h e said Univers i ty t h e said Governor shal l be and is hereby empowered by W a r r a n t unde r h i s h a n d to direct to be issued a n d paid out of t h e General or Ord inary Revenues of t he said Colony by four equal qua r t e r ly p a y m e n t s on the first day of J a n u a r y t h e first day of Apr i l t he first day of J u l y and t h e first day of October in every year as a fund for bu i ld ing a n d for defraying the several s t ipends which shall be appoin ted to be paid to t h e several Professors or Teachers of l i t e ra tu re science and a r t and to such necessary officers a n d servants as shall be from t ime to t i m e appointed by the said Univers i ty and for defraying the expense of such prizes scholarships and exhibi t ions as shal l be awarded for t he encouragement of S tuden t s in t h e said Universi ty and for provid ing gradual ly a l ib rary for the same and for d ischarging all incidental and necessarv charges connected w i t h t he cur ren t expend i tu re thereof or o therwise t h e s u m of five t h o u s a n d pounds in each and every year t he first i n s t a lmen t thereof to become due and payable on t h e first day of J a n u a r y one thousand eight h u n ­

dred and fifty-one.

4.   And be it enacted That the said body politic and corporate

shall consist of s ixteen Fellows twelve of w h o m at t h e least shal l be

l aymen a n d all of w h o m shall be m e m b e r s of and cons t i tu te a Sena te who shall have power to elect ou t of the i r own body by a majori ty of votes a Provost of t h e said Univers i ty for such period as t h e said Senate shall from t ime to t ime appoin t and whenever a vacancy shal l occur in t h e office of Provost of t h e said Univers i ty e i ther by dea th res ignat ion or o therwise to elect ou t of the i r own body by a major i ty of votes a fit and proper person to be t h e Provos t ins tead of t h e Provos t occasioning such vacancy.

5. And be i t enacted That un t i l there shal l be one h u n d r e d

Gradua tes of t h e said Universi ty who shall have t aken the degree of Mas t e r of A r t s Doctor of Laws or Doctor of Medic ine all vacancies which shall occur by dea th res ignat ion or otherwise a m o n g t h e Fel lows of t h e said Senate shall be filled u p as they m a y occur by t h e election of such o ther fit and proper persons as t h e r ema in ing members of t he said Senate shall at mee t ings to be duly convened for t h a t purpose from t ime to t ime elect to fill u p such vacancies Provided always t h a t no such vacancy unless created by dea th or res ignat ion shall occur for any cause wha tever unless such cause shal l have been previously

specified

specified by some by-law of t h e said body poli t ic and corporate duly
passed as hereinafter ment ioned .

6. A n d be it enacted T h a t the office of Vice Provost of t h e said Unive r s i ty shall be an a n n u a l office and t h e said Fellows shall at a mee t ing to be holden by t h e m wi th in six m o n t h s after t he pass ing of th i s Ac t elect out of t he said Senate a Vice Provos t and on some day before the expi ra t ion of t he t enu re of the said office of which due notice shall be given elect one o ther fit and proper person to be the Vice Provos t of t h e said Univers i ty a n d so from t ime to t ime annua l ly or in case of t h e death resignation or other avoidance of any such Vice Provos t before the expi ra t ion of his year of office shall at a mee t ing to be holden by t h e m for t h a t purpose as soon as convenient ly m a y be of which due notice shall be given elect some o the r fit and proper person to be Vice Provos t for t he remainder of t he year in which such death res ignat ion or other avoidance shal l happen such person to be chosen from a m o n g themselves by the major pa r t of t h e Fellows presen t a t

such mee t ing Provided always t h a t t h e Vice Provost shall be capable

of re-election to the same office as often as shall be deemed meet .

7. Provided always and be it enac ted Tha t as soon as the re shall be not fewer t h a n one h u n d r e d Gradua tes who have t aken any or ei ther of t h e degrees of Mas te r of Ar t s Doctor of Laws or Doctor of Medicine all vacancies thereafter occurr ing in t h e said Senate shall be from t ime to t i m e filled u p by t h e major i ty of such Gradua tes present a n d duly convened for t ha t purpose .

8. A n d be i t enacted Tha t t h e said Senate shall have full power to appoin t and dismiss all professors tu to r s officers and servants be longing to t h e said Univers i ty a n d also the en t i re m a n a g e m e n t of and super in tendence over t he affairs concerns and p roper ty of t he said Univers i ty and in all cases unprov ided for by th is A c t i t shall be lawful for t h e said Senate to act in such m a n n e r as shall appear to t h e m to be best calculated to p romote t h e purposes in tended by the said Univers i ty and t h e said Senate shall have full power from t ime t ime to t ime to m a k e and also to al ter any s t a tu te s by- laws and regu la t ions (so as t h e same be not r e p u g n a n t to any exis t ing law or to t h e general objects and provisions of th i s Act) touch ing t h e discipline of t he said Univers i ty t h e examina t ions for scholarships exhibi t ions degrees or honors and the g r a n t i n g of t h e same respectively and touch ing the mode; and t i m e of convening t h e meet ings of the said Senate and in general t o u c h i n g all o ther ma t t e r s whatsoever regard ing the said

Univers i ty a n d all such s ta tu tes by-law s and regula t ions w h e n reduced

in to wr i t ing and after t h e common seal of t h e said Univers i ty shall have; been affixed the re to shall be b ind ing upon all persons members thereof and al l candidates for degrees to be conferred by t h e same all such s ta tu tes by-laws a n d regula t ions h a v i n g been first submi t t ed to t h e Governor a n d Execu t ive Counci l of t h e said Colony for t he time being and approved of a n d counters igned by the said Governor Provided always t h a t t he product ion of a verified copy of any such s ta tu tes by-laws a n d regula t ions unde r t he seal of t h e said body

polit ic and corporate shall be sufficient evidence of t h e au thent ic i ty

of the same in all Cour t s of Jus t i ce .

9. A n d be i t enac ted Tha t all quest ions which shall come before t he said Senate shall be decided by the majori ty of t h e mem­ bers present a n d t h e Cha i rman a t any such mee t ing shall have a vote and in case of an equa l i ty of votes a second or cast ing vote and t h a t no quest ion shall be decided a t any mee t ing unless t he Provos t or Vice Provost and seven Fellows or in t h e absence of t h e Provos t and Vice Provost unless e ight Fel lows at t he least shall be present at the t ime of such decision.

10. A n d be i t enacted T h a t a t every mee t ing of t h e said Senate t he Provos t or in his absence t he Vice Provos t shall preside as Chair ­ m a n or in t he absence of bo th a Cha i rman shal l be chosen by t h e member s present or t h e major p a r t of them,

1 1 . A n d whereas it is expedient t o ex tend t h e benefits of

colleges and educat ional es tab l i shments already ins t i tu ted or which

m a y be hereafter ins t i tu ted for t he p romot ion of l i t e ra tu re science and

a r t whe the r incorpora ted	or no t incorporated by connect ing t h e m for
such purposes wi th t he said Unive r s i ty	Be i t enacted Tha t all persons

shal l be admi t ted as candidates for t h e respect ive degrees of Bachelor of A r t s Mas te r of A r t s Bachelor of Laws or Doctor of Laws to be conferred by the said Univers i ty of Sydney on p resen t ing to t h e said Senate a certificate from any such colleges or educat ional establ ish­ m e n t s or from t h e head mas te r thereof to t he effect t h a t such candidate has completed t he course of i n s t ruc t ion which t h e said Senate b y regu la t ion in t h a t behalf shal l de te rmine Provided t h a t no such certificate shal l be received from any educat ional es tabl i shment unless t he said Univers i ty shall au thor ize it to issue such certificates Provided also t h a t it shal l be lawful for t he said Senate to apply any por t ion of t h e said endowment fund to t h e es tab l i shment and

ma in t enance of a college in connexion wi th and u n d e r t h e	supervision
of t he said	Univers i ty .

12. A n d be i t enacted T h a t for t he purpose of g r a n t i n g the

degrees of Bachelor of Medicine and Doctor of Medicine and for t he improvement of medical educa t ion in all i ts b ranches as well in Medicine as in Surgery Midwifery and P h a r m a c y the said Senate shall from t i m e to t i m e repor t to t h e Governor and Execu t ive Council for

t he t ime be ing of t h e said Colony w h a t appear to t h e m to be t h e

medical ins t i tu t ions and schools whe the r corporate or un incorpora ted in

t h e City of Sydney from which e i ther singly or jo in t ly w i th o ther medical ins t i tu t ions and schools in t h e said Colony or in Foreign p a r t s it m a y be fit and expedient in t h e j u d g m e n t of t he said Senate to admi t candidates for medical degrees and on approval of such repor t by t he said Governor a n d Execu t ive Council shal l admi t al l persons as candidates for t h e respective degrees of Bachelor of Medic ine and Doctor of Medicine to be conferred by t h e said Unive r s i ty on p re sen t ing to t he said Senate a certificate from any such ins t i tu t ion or school to t h e effect t h a t such candida te has completed t he course of ins t ruc t ion

winch t h e said Senate from t ime to t ime by regula t ion	in t h a t	behalf
shal l	prescribe.

13 . A n d be i t enacted Tha t t h e said Senate shal l have power

after examina t ion to confer t h e several degrees of Bachelor of A r t s Mas te r of Ar t s Bachelor of Laws Doctor of Laws Bachelor of Medic ine and Doctor of Medic ine and to examine for medical degrees in t h e four b ranches of Medicine Surgery Midwifery and P h a r m a c y and t h a t such reasonable fee shal l be charged for t he degrees so conferred as t h e said Senate w i t h t h e approba t ion of the said Governor and Execu­ t ive Counci l shall from t i m e to t i m e direct and such fees shal l be carr ied to one general fee fund for t h e p a y m e n t of t he expenses of t h e said Univers i ty and t h a t a full account of t he whole income and expend i tu re of t h e said Univers i ty shal l once in every year be t r ans ­ mi t t ed to t he Colonial Secretary for t h e purpose of be ing submi t t ed to the Legis la t ive Counci l or Assembly of t he said Colony as t h e case m a y be a n d subjected to such examina t ion and aud i t as t he said Legis la t ive Counci l or Assembly may direct.

14 . A n d be i t enacted That a t t h e conclusion of every exami­ na t i on of the candidates t h e E x a m i n e r s shall declare the n a m e of every candidate w h o m they shall have deemed to be ent i t led to a n y of t he said degrees and the depa r tmen t s of knowledge in which his proficiency

shall

shall have been evinced and also his proficiency in relat ion to t h a t of o ther candidates and he shall receive from the said Provost a certifi­ cate unde r t he seal of t he said Univers i ty of Sydney and signed by the said Provos t in which the par t i cu la rs so declared shall be stated.

15. Provided always and be it enacted Tha t all s ta tu tes by­ laws and regula t ions made from t ime to t ime touching the examinat ion of candidates and g ran t ing of degrees shall be submi t ted for t he considerat ion and approval of t he Governor and Execut ive Council .
16. A n d be it enacted Tha t t he Governor of the said Colony for t he t ime be ing shall be t he Visi tor of the said Univers i ty of Sydney wi th au thor i ty to do all th ings which per ta in to Visi tors as often as to h im shall seem meet .
17. A n d be it declared and enacted Tha t it shall be lawful for the Professors or Teachers in the said Univers i ty in addi t ion to the s t ipends wi th which they shall be so respectively endowed to demand and receive from the Students of t h e said Univers i ty such reasonable fees for a t tendance on their lec tures and for t h e Treasurer of t he said Univers i ty to collect from t h e said S tudents on behalf of t he said Univers i ty such reasonable fees for en t rance degrees and other Univers i ty charges as shall be from t ime to t ime provided by any

s ta tu tes by-laws or regula t ions of t h e said Univers i ty .

18 . A n d for t h e be t te r government of t he S tuden ts in t h e said

Univers i ty Be it enacted Tha t no S tudent shall be allowed to a t tend t h e lectures or classes of t he same unless he shal l dwell wi th his pa ren t or guard ian or wi th some nea r re lat ive or friend selected by his pa ren t or guard ian and approved by the Provos t or Vice Provos t or in some collegiate or other educational es tabl ishment or wi th a t u t o r or mas te r of a board ing house licensed by t h e Provost or Vice Provos t as

hereinafter ment ioned.

19. A n d be i t enacted That every person who is desirous of be ing licensed as a t u to r or mas te r of a board ing house in connexion wi th t he said Univers i ty shall apply in wr i t ing under his hand to t h e Provos t or Vice Provost of the said Univers i ty for his license and it shal l be lawful for the said Provost or Vice Provos t if he or they shall t h i n k fit to requi re of any such appl icant such tes t imonials of character and fitness for t he office as shall be satisfactory to such Provost or Vice Provost and the appl icat ion shall specify t h e house or houses belonging to or occupied by the appl icant and intended by h i m for t he recept ion of S tudents and the n u m b e r of S tudents AVIIO may be con­

venient ly lodged and hoarded there in and the reupon it shall be lawful
for t he Provos t or Vice Provost in the i r discretion to g ran t or with­
hold the license for t he academical year t h e n cur ren t or t hen nex t ensu ing and every such license shall be registered in the archives of t he said Univers i ty and shall i nu re un t i l t he end of t he academical year in which it shall be registered and shall t h e n be of no force unless renewed in l ike m a n n e r b u t shall be revocable a t any t ime and m a y for thwith be revoked by t h e Provos t or vice Provost in case of any misbehaviour of such t u t o r or mas te r of a boarding house or of t he S tuden ts under his care which in t h e opinion of t he Provost or Vice Provost and a majori ty of t h e Professors of the said Univers i ty ought to be punished by immediate revocation of such license.

20. A n d be i t enacted Tha t no religious test shall be adminis­

tered to any person in order to ent i t le h i m to be admit ted as a Student of t he said Univers i ty or to hold any office therein or to pa r t ake of any advan tage or privi lege thereof Provided always t ha t this enac tment shal l no t be deemed to prevent t he m a k i n g of regula t ions for securing the due a t t endance of t he s tudents for divine worship at such church or chapel as shall be approved by their paren ts or guardians respectively.

3 x — V O L . 3 . 2 1 .

2 1 . A n d be i t enacted Tha t all s ta tu tes by-laws rules and

regula t ions which shall be made and approved from t ime to t ime by the said Governor and Execut ive Council concerning the government and discipline of t h e said Univers i ty which shall be in force at t he beg inn ing of every Session of t h e said Legislat ive Council or Legis­ lat ive Assembly of t h e said Colony a n d which shall no t have been before t h a t t ime laid before the said Legislat ive Council or Legislat ive Assembly shall from t ime to t ime wi th in six weeks after t he beg inn ing of every such Session be laid before t h e same by t h e Colonial Secretary for the t ime being.

22. A n d be i t enacted Tha t the said Univers i ty shall once a t least in every year and also whenever t he pleasure of t he Governor for t he t ime being shall be signified in t h a t behalf repor t the i r proceedings to t he said Governor and Execut ive Council and a copy of every such repor t shall be laid before t h e said Legislat ive Council or Legislat ive Assembly wi th in six weeks after t he same shall have been made if such Legislat ive Council or Assembly be t h e n s i t t ing or if no t t h e n wi th in six weeks n e x t after t he mee t ing of t he same.
23 . Provided always and be i t declared and enacted Tha t
no th ing herein contained shall be deemed or const rued to prevent t he

Legis la ture of t h e Colony for t he t ime being from al ter ing amend ing

or repeal ing t h e provisions of th i s Ac t or any of t h e m as t he	publ ic
interest m a y at any t ime seem to render necessary or expedient .

24. A n d be i t declared and enacted Tha t no th ing in th i s Ac t

contained shall be deemed to affect or to interfere wi th any r igh t t i t l e or interest of H e r Majesty H e r H e i r s and Successors or in any way

to l imit t he Roya l Prerogat ive .