Wesley College Act 1860 No wca (NSW)

An Act to incorporate Wesley College as a College within the University of Sydney. [1st June, I860.]

WH E R E A S ins t i tu t ion and endowment in the Colony of N e w South

considerable sums have been subscribed for t he

W a l e s of a College wi th in t h e Univers i ty of Sydney to be called

" Wesley C o l l e g e " wherein t h e s tudents shall receive systemat ic

rel igious ins t ruc t ion and be b r o u g h t u p in t he doctr ines and discipline

of t h e Wes leyan Method i s t C h u r c h and provision be m a d e for t h e

residence of t h e s tudents and the i r p repara t ion for t h e Univers i ty

lectures and examina t ions unde r collegiate control A n d whereas i t is

expedient t h a t t h e said College should be incorporated Be i t there­ fore enacted by the Queen ' s Most Exce l len t Majesty by and wi th t he advice and consent of the Legislat ive Council and Legislative Assembly of N e w South W a l e s in Pa r l i amen t assembled and by the au thor i ty of t he same as follows—

been subscribed or cont r ibuted for t h e endowmen t aforesaid a n d t h a t t h e a m o u n t has e i ther been paid or secured to be paid for t h a t purpose and t h a t a pr inc ipal and twelve fellows for t he government of t h e said College in accordance wi th t he const i tu t ion thereof as in th is A c t set forth have been duly appointed and elected respectively t he same shall be notified by proc lamat ion in t h e New South Wales Government Gazette unde r the h a n d of t he Governor a n d immediate ly u p o n such notification a n d from thencefor th t h e pr incipal and fellows of t h e same College shall be and t hey are hereby cons t i tu ted a body poli t ic and corporate by t h e n a m e of " The Pr inc ipa l a n d Felows of Wes ley College " by which n a m e the said incorporated body shall have per­ pe tua l succession and a common seal and shall sue and be sued or otherwise appear and answer and be answered and may t ake and hold to t h e m and the i r successors by g ran t will or otherwise in perpe tu i ty or for any t e r m of life or years as well chat te ls a n d o ther personal proper ty

1. So soon as i t shall be m a d e to appear to t h e satisfaction of t h e Governor t h a t a s u m of no t less t h a n t e n thousand pounds has

proper ty as lands bui ld ings and other he red i t ament s and t h e same or a n y p a r t thereof m a y alien or otherwise dispose of or demise and also shall or m a y do all o ther th ings incident or apper ta in ing to a body politic and corporate.

2. Provided always t ha t i t shall no t be lawful for the said cor­ pora t ion or any persons or person seized of or ent i t led to lands i n t r u s t for t he corporation or for t h e purposes of t he College to al ienate mor tgage charge or demise any lands or he red i t aments g ran ted to or in t r u s t for t he corporat ion or for College purposes by H e r Majesty or H e r Successors wi thout the consent in wr i t ing of t h e Governor wi th t he advice of t he Execu t ive Council for the t ime being.
3. The said body politic; or corporate shall consist of a principal and twelve fellows of w h o m four shall always be; Wes leyan Methodis t minis ters in full connect ion wi th the Conference and e ight shall be laymen who shall be communican t s wi th t h e Wes leyan Methodist, Church and of whom live a t least shall be members of t he Wes leyan "Methodist Society which said twelve fellows wi th t he pr incipal of t he College shall toge ther form a Council to be called " The Council of Wesley Col lege" in which shall be vested a t all t imes the government in every respect of t he College and all ma t t e r s re la t ing there to Provided t h a t t he ceasing of any person to hold t he qualification unde r which he is elected a fellow shall ipso facto vacate his scat.
1. The four senior minis ters resident for t he t ime being in the county of Cumber land not be ing supernumerar ies shall be t he clerical member s of t he Council .

5. The pr incipal who shall no t be a fellow shall always be a

Wes leyan Methodis t min is te r in full connect ion wi th t he said	Confer­
ence and shall be appointed by the fellows	Provided t h a t any minis ter

in connect ion w i t h t he Wes leyan Methodis t Conference in Great Br i ta in or I r e l and shall be eligible and m a y be appointed to the office of pr incipal if after his acceptance of office and before en te r ing upon the duties thereof he shall become a member of t h e Conference defined in the twenty-four th section of th is Ac t .

(j. The pres ident for t he t ime being of the Conference or in his

absence from the Colony of N e w South Wales t h e Cha i rman for t he t ime be ing of t h e N e w South Wales distr ict shall be visitor of t he College and shall have the r igh t to visit t he College a t any t ime to examine; in to t he m a n n e r in which i t is conducted and to see t h a t i ts laws and regula t ions are duly observed and executed.
7. The pr incipal shall be liable to removal or suspension from his office as such pr inc ipa l for sufficient cause by the fellows subject
to an appeal to t h e visitor in any case involving his mora l charac ter
Provided tha t if t he g round of complaint shall concern t he theological or religious doctr ines or t each ing of the pr incipal t he fellows shall no t adjudicate thereon b u t shall r emi t t he same for t r ia l to the pro­ per ly cons t i tu ted Methodis t ic Courts whose decision shall bo final.
8. The decision of t he fellows for the removal or suspension of the pr incipal shall no t t ake effect unless it shall be confirmed by three-fourths of t h e fellows present at a subsequent mee t ing of which seven days previous not ice shall have been given and a t which not less t h a n three-fourths of t he whole n u m b e r of fellows shall be present .

0. Al l vacancies in t he office of pr incipal or in t he n u m b e r of

lay feltows occasioned by death resignat ion or removal or other cause shall as soon as convenient ly may be after t he vacancy (on notification of t he fact u n d e r t he h a n d of two fellows) be supplied in t he m a n n e r following ( tha t is to say)—in the office of pr inc ipal by t he fellows and in the place or post of lay fellow by the r ema in ing fellows.

10. The first e ight lay fellows shall be elected by ballot as

hereinafter provided by the contr ibutors to t he ins t i tu t ion and endow­

m e n t

merit of t he said College whose n u m b e r of votes respectively shall be

according to t h e following scale of the i r paid u p con t r ibu t ions—

Amount Paid. Number of Votes.

One pound and not exceeding live pounds	One
Above five pounds and no t exceeding fifty pounds	Two
Above fifty pounds and not exceeding one hun ­

dred pounds Three

Above one h u n d r e d pounds a n d no t exceeding

two hund red pounds F o u r

Exceed ing two h u n d r e d pounds F ive .

1 1 . On or before a day to be fixed by the provisional commit tee

and twice advert ised in one or more; Sydney daily papers such day not be ing earl ier t h a n fourteen days after t h e first such adver t i sement any two cont r ibutors ent i t led to vote m a y in wr i t ing unde r the i r hands addressed to such commit tee propose as a candidate for such election one l ayman be ing a communican t w i th t he Wes leyan Methodis t Church and such proposers shall u n d e r the i r hands state t h a t fact and also whe the r such candidate is or is not a m e m b e r of t he Wesleyan

Methodis t Society.

12. The provisional commit tee shall cause an alphabet ical list to be made of all candidates so proposed wi th the i r residences desig­ nat ions and qualifications and shall on an early day appoint by ord inary ballot th ree members of the i r own body to be scrut ineers for m a n a g i n g t h e election to w h o m copies of such list shall be furnished.

13 . The scrut ineers shall cause a sufficient n u m b e r of copies of such list for t he purpose hereinaf ter men t ioned to be p r in ted wi th the head ing " B a l l o t i n g Pape r for E i g h t Lay Fel lows of Wesley Col lege" and wi th an address of t he scrut ineers in Sydney so indorsed as to serve for t he r e t u r n of t h e paper when folded and shall t r ansmi t by post or otherwise to each cont r ibu tor one such bal lot paper marked at t he top thereof u n d e r t h e h a n d of one; such scrut ineer wi th a n u m b e r corresponding wi th the n u m b e r of votes to which such cont r ibutor is ent i t led A n d the said scrut ineers shall place under seal un t i l the election is completed all t h e r emain ing ballot papers .

14. Every cont r ibutor shall on t he ballot paper so t r ansmi t t ed to h i m m a k e a cross or o ther dist inct m a r k in front of t h e names of t he candidates not exceeding eight for w h o m he desires to vote and shall t r ansmi t such paper folded and sealed by post or otherwise to t he address the reon indorsed before a day to be fixed and advert ised in

m a n n e r aforesaid.

15. On t h e day so fixed as last aforesaid or so soon thereafter

as convenient ly may be t h e scrut ineers shall mee t in Sydney a n d they or any two of t h e m shall open and examine all the r e tu rned ballot papers and shall m a k e a list of all t he candidates for w h o m any vote shall have been given in t h e order of t he collective n u m b e r of the i r votes and of these candidates the five member s of t he Wes leyan Methodis t Society who shall have t he greates t n u m b e r of votes and after t h e selection of these the th ree candidates who shall t hen s tand h ighes t on t h e l ist shall be declared by the said scrut ineers to be and shall be t h e first e ight lay fellows of Wesley College.

16. All vacancies in t he n u m b e r of lay fellows so soon as the re shall be twen ty members of t he College who are gradua tes of t h e Univers i ty con t inu ing on the books of the College and being member s of t h e Wes leyan Methodis t Church shall be supplied by t h e r ema in ing fellows and t h e said graduates in such m a n n e r as t he Council m a y appoint .

17. Wesley College hereby incorpora ted shall be a College of
and within the Univers i ty of Sydney and all s tudents in t he College

shall immediate ly upon en te r ing there in mat r i cu la te in t he said

Univers i ty

Univers i ty and shall thereafter cont inue to be members thereof and submi t and be subject to t he discipline thereof and shall be required duly and regular ly to a t t end the lectures of t he Univers i ty on those subjects an examinat ion and proficiency in which are required for honors and degrees.

18. The Council of t he College shall have power from t ime to t ime to make and establish all such by-laws and rules for ca r ry ing into effect t he several provisions and objects of th i s Act and par t icular ly for declar ing t h e causes which shall create vacancies in t he office of fellow a n d direct ing who shall preside a t mee t ings of t h e Counci l a n d of t h e fellows and for t he m a n a g e m e n t of t he College and prescr ibing the dut ies of t he several officers thereof and of t he pr incipal and the order ing of all th ings in and connected wi th t he College and the discipline thereof as to t h e said Council shall seem expedient and such laws and rules or any of t h e m from t ime to t ime to a l ter or revoke or to subs t i tu te others in the i r place.
19. Provided t h a t every such by-law and ru le shall be t rans­ mi t ted to t h e Governor within t h i r t y days after being made to be by h i m laid before t h e Houses of Pa r l i amen t in t h e Colony as soon as conve­ n ien t ly may be thereafter and shall also be t r ansmi t t ed to the pres ident of t he Conference to be laid before t h e Conference t h e n next to be holden.

20. Provided also t h a t the pr incipal of t h e College subject only

to t h e laws and rules so m a d e shall have t h e general super in tendence

and control of t h e s tudents and of t he ins t i tu t ion .

2 1 . The votes at all meet ings of t he fellows or Council (except

votes for t h e appo in tment of a pr incipal) shall be t aken exclusively of t h e person pres iding unless the re shall be an equal i ty of votes and in every case where all the fellows resident wi th in fifty miles of Sydney ent i t led to a t t end shall have had not ice of t he t ime place and object of t he in tended mee t ing one clerical and two lay members of t he Council wi th t h e pr incipal shall const i tu te a mee t ing of t he Council and two clerical and four lay fellows wi th one pres iding fellow shall constitute; a mee t ing of t he fellows and the votes and proceedings of t he majori ty a t any such mee t ing shall be t aken and accepted as t he votes and proceedings of t he Council or fellows respectively.
22. Provided tha t it shall be lawful for t he Council by any by-law or by-laws to ordain and appoint t h a t t he person pres id ing a t any mee t ing of t h e Council shall have a del iberate as well as a casting- vote; and to al ter t he mode of supplying vacancies in t he office of

fellow by orda in ing and appoin t ing t h a t such vacancies un t i l twen ty	gradua tes have become qualified as electors shall be supplied by the
remain ing fellows and the graduates (cont inuing on t h e books of t he College and be ing members of t he Wes leyan Church) jo in t ly .

23.    N o t empora ry vacancy or vacancies in t he office of pr inc ipal

or in t he n u m b e r of fellows of the College shall he deemed in any way to affect the const i tut ion of t he College or its privileges or s ta tus as an incorporated body.
24. F o r the: purposes of t h i s Ac t t he following t e rms shall have
t he meanings hereinafter assigned to t h e m respectively so far as such

mean ing is no t excluded by or inconsis tent wi th t he context The

t e r m " Conference" shall m e a n or refer to t h e Wes leyan Methodis t

Cemference adminis te r ing the; affairs of the Wes leyan Methodis t Church

in New South Wales The t e r m " l a y m a n " shall m e a n or refer to all persons other t h a n minis ters in full or preachers in proba t ionary con­ nect ion wi th t he said Conference or wi th any other Wes leyan Methodis t Conference recognized by t h e said Conference.

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