The Institutes Further Amendment Act 1902 (SA)

ANNO SECUNDO

EDWARDI V11 REGIS.

An Act to further the Law relating to Insti-

tutes, and to	the Establishment of Free
Libraries	Free Libraries Act, 1898,"

E it Enacted by the r, with the advice and consent of

B the Parliament of as follows:

1, This Act may be cited a l l purposes as "The Institutes flhorttitle.

Further Amendment Act, except so far as inconsistent

therewith, shall be	as one with the Public
Library, Museum	1883-4, 1885, and 1895,"

d-8W

,, 'l'he Institutes Institutes Mortgage

Act, 1698,"	; and shall be
divided into

PART I. -Amalgamation of stitutes:

PART 11.-Mortgages by lnsti utes: t

PART of their property and effects to

Councils under The

2, In the construction of	Act the words "Institute" or ~ntppmtation.
Institutes " shall include all	, suburban, and country Institutes

whether incorporated or not) no existing or hereafter established

including any Institute the real estate of which may

have been or shall hereafter be

to a Municipal Corpora-

tion

2" EDWARDI VII, No. 800.

r Amendment Act .1902.

tion or District Council undd	" The Institutes Amendment Act,
l888 "), together with all the	:a1 and personal property belonging
to or held in connection with	ny such Institute or Institutes, and
the words " new Institute " sh	l1 mean an Institute formed by and
the result of the amalgamation	~f two or more Institutes.
.RT I.
N OF INSTITUTES.

3. Any two or more Institc :S may amalgamate upon such terms

and conditions as may be mutt	lly agreed upon, but no such amalga-
mation shall be made unless a]	l unt~l-

(1) A resolution or resoluti 1s approving of the proposed amal-

gamation and setti~	; forth the terms and conditions
thereof shall have 1	en carried at a general meeting of
the members of each	)f the Institutes seeking to amalga-
mate, and shall ha	: been confirmed at a subsequent
general meeting of tl	S members of each of such Institutes,
to be held not less thi	I seven days nor nl ore than one month
after the day of the f i ~	; meeting, and which general meeting
shall have been specj	Ily callcd to consider the matter:

(2) Notice of the proposed ,rnalgt~mrttion has been given to the

Public Library Boar!

(3) The Minister shall have ~pproved of the resolution or resolu-

tions carried and con	rmed at the meetings mentioned in
sub-paragraph (1) :,

(4) And the Minister shall inve signified to the Board his con

sent in writing to t	e proposed amalgamation upon the
terms arid conditionc	set forth in the aforesaid resolution
or resolutions.

The meetings to be held unde	sub-section (1) shall be convened by
a notice of not less than sevei	days nor more than one month sent
to each member of the Tnstitut	or by a notice given in the way pre-
scribed for calling general m	:tings in the rules of the respective
Institutes. All such notices S	all contain a copy of the resolntion
or resolutions proposed to bc	submitted to such meeting for ac-
ceptance and passing, or for c	lfirmation (as the case may be), and
no other business shall be trar	acted at any such meeting.
The consent of the Ministe: applied for by the Board af te~	required by sub-section (4) sh111 be
the requir~mmts of sub-section (1)
have been complied with by	each of the Institutes seeking to
amalgamate, and after the Miri	ter shall have approved of the resolu-
tion or resolutioris referred to:	sub-section (3).

M ernben' votea. 4. Each member of an Ins Lute shall (if present) be entitled to

one vote and no more at all m

etings held in pursuance of this part

of

2' EDWAKDI VII, No. 800. 3

- 1

The Institutvs Fu~ther A endmen t A c t. 1 9 0 2.

of this Act, and no member shall e allowed to be present, speak, PART r.

or vote at any such meeting unl she shall have been a

member of the Institute for six previous to the day on which

such meeting shall be held, the. subscription of such

member shall have been paid of such meeting.

5, When all the provisions of A ct relating to the amalgama- cei-titiscah

tion of any two or more	have been fully complied aml'gamtiOn.
with to the satisfaction	he may grant a certificate

under his hand to the of the Institutes

therein named has

of the new

Institute. The

shall be

been duly effected.

6. Upon the Minister granting t h e certificate mentioned in section ~g~~ amale-

5 the new Institute named therein shall become an " Institute " mation.

within the meaning of the " Pubis library, Museum, and Art

Gallerv ,4ct, 1888-4," and the Act amending that Act; all the

members of the amalgamated Institutes shall become members of

the new Institute and pay the same	ubscription as theretofore until
otherwise provided by the rules of	the new lnstitr~te; and all the
real and personal property of each	3f the amalgatnated Institutes

shall be transferred and handed eve:, by each of' such Institutes, or

the trustees thereof, to the new Instibute, or to the trustees thereof,

and shall thereupon vest in such I ew Institute, or trustees (as

the case may be), for the use and	-1enefit of the new Institute, i n
accordance with the provisions of tl	.e " Public Library, Museum,

and Art Gallery Act, 1883-4," and t1.e Acts amending that Act.

7, A general meeting of the me of the new Institute shall Firat meeting of

be held as soon as possible after the mation has been effected, Institute.

at which meeting a committee of and, if necessary,

trustees shall be appointed, and transacted as

the meeting may d&rmine. Rules r the government of the new Institute may be made iri the man r prescribed by section 5 of

The Piiblic Library, Museum, and rt Gallery Act, 1885,'' at the

first or any subsequent meeting of t e new Institute, and in the meantime and until such rules shall b made and approved the new Institute shall be governed by the ru S of such one of the amalga- mated Institutes as shall be determi ed at the first meeting held

under this section. 1

8, The Minister shall have powe determine any question or Powers of the

matter in difference which may arise Institutes which are

desirous or have agreed to such matter or

question may arise, and so to do,

the terms m(\ 'conditions

be effected ,and carried out.

9. The

' 2 EDWAXDI VII, No. 800.

The Institutes ther Amendment Act.-1902.

PART I. Q, The provisions of this of this Act shall be retrospective

Thie prt r'~t1-0- in effect, so far as relates Port Adelaide Institute, Incorpo-

spectire to rated, and the Semaphore which have already agreed to

gamation of Port

Adelaide and sema-	amalgamate.
phore hstitutee.

ART 11.

BY INSTITUTES.

Restriction on the	10, Notwithstanding the	of " The Institutes Mortgage
power of Inetitutes to

mortgage their Act, 1898," no Institute any subsidy from the

property. Government towards the or buildings shall thereof without which shall be

submitted to the application is

made for his	not invali-
date or

PART 111.

TRANSFER BY THEIR PROPERTY

AND AN11 DISTRICT

ACT,

1898."

Power of Institutes	11, Any Institute or, in	e may be trustees, the trustees
property for free

to d v e or sell their of any ~nstitute may give, ransfer the same, and all the

real and personal estate of tr, to th- Municipal Corpora-

libraries.

tion or District Council o	in which such Institute is
situated, to be held by such	rporation or District Council
for the purposes of a free	thc mcaning of K The Free
Libraries Act, 1898 ":	o such gift, sale, or transfer

shall be made without sent of the Minister duly

notified to the Institute	olution approving of such
g&, sale, or transfer	carried at a meeting of

the members of the called to consider the

matter, and confirmed at a	cnt meeting to be held not less
than seven days nor more t	month after the day of the first

meeting, to consider an	, to confirm the resolution
carried at the previous	also that a written report
from the Board shall b	inister when application
is made for his consen

voting. 12. Each subscriber shall be entitled to one vote at

any meeting held in	part of this Act, subject
nevertheless to the	section 4 of this Act.

PUX~W-money . 13. The purchase-money pay le under any sale of the real and

personal estate of an Institute a Corporation or District Council

2" EDWARDI VII, No. 800. 6

The Institutes Rwther A nt Act.-1902.

PART =lro

under this part of this Act shall be d to the Minister and applied

for such purposes and in such	ner as the Minister may
determine.

14. Notwithstanding section 8 "The Free Libraries Act, in Pm1ibml ' f .8Mg grant in aid of

1898," no free library established that Act shall be entitled ~netitutea.

to participate in any grant by	general or special)
voted in aid of' Institutes,	free library shall

hare complied with the of the " Public

Library, Museum, and the satisfaction

of the Minister, as if	within the
meaning of that Act.

16, The Board, with of the Minister, shall have R u l ~ a n d ~ ~ ~ t i ~.

power from time to time alter, and re-enact i d e s

and regulations for objects of this Act or

any of them, in	and subject to the
same restrictions	of rules and regu-

lations made Library, Museum,

and Art

regulations shall

made under

that section.

16. Sub-section vr. of section 7 of Act 296 of 1883-4 shall b~ ~,~;;~~;~~;~JO-~.

read as if the word " three " were S	out and the word " five
inserted in lieu thereof.

17. After the first day of one thousand nine hundred Amendment section I. of of section

and three, sub-section I. of of Act 296 of 1883-4 shall 7 0 f ~ c t 2 9 6 0 f

be read as if the word ''	out and	six " inserted 1883-4.
in lieu thereof.

18, Whenever the subscribers to Institute shall have carried Resolution of nub- scribere ru transfer to

and confirmed a resolution, as	section 3 of Act number be fomdedto
434 of 1888, to transfer the	of such Institute to the M*r-

Corporation of the locality in Institute is situated, the

Secretary of the 1nstitut.e shall Minister a copy of such

resolution and a certificate in	such resolution had
been duly carried and	in conformity with
the provisions of' the aforesaid Act.

19, Whenever at any meeting of atepayers of any Corporation Wlutim of.--

I've=' app*vlng

held in pursuance of and for the p rposes of Act number 434 of purChsae to be for-

1885 a resolution shall have been ca ied approving the purchase ~ E C W ~ ~ ~ ~.

of the real estate of any Institute, the Town Clerk of such Corpora- tion shall forward to the Minister a opy of such resolution and a certificate in writing that such res lution had been carried in

conformity with the provisions of Act number 434 of 1888.

i

B-800 20. Whenever

2" E D W A ~ D I VII, No. 800.

The institutes ~ u r b w Amendment Act-1902.

Minister may tramfer 20, Whenever the shall receive resolutions and certifi-

real eatate.

cates as set out in the sections he shall forward the

same to the

filed, and the Minister may,

Real Property Act, 1886," at

mentioned in such resolu-

he is hereby authorised

the property to be trans-

ferred is vested in trustees.

In the name and on behalq of His Majesty,' I hereby assent to

this Bill.

S. J. WAY, Lieutenant-Governor.

.=- Adelaide : By authoritr, C. E. BBI~TOW, Government Printer, North Terrace.