Version No. 001 Prahran Mechanics' Institute Act 1899 Act No. 1617/1899




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Version No. 001

Prahran Mechanics' Institute Act 1899

Act No. 1617/1899

Version incorporating amendments as at 9 August 2000


table of provisions

Section Page



1. Short title 2

2. Incorporation of the Prahran Mechanics' Institution and Circulating Library 2

3. Transfer of property and debts 2

4. Vesting 3

5. Management 3

6. Constitution of governing committee 4

7. Extraordinary vacancies 5

8. Governor in Council to appoint in default of election 5

9. Quorum 6

10. Present rules and regulations 6

11. Power to demand rents etc. 6

12. Security of officers 6

13. Accounts 7

14. Annual balance 7

__________________ 7

SCHEDULE 8

═══════════════ 8



ENDNOTES 9

1.General Information 9

2.Table of Amendments 10

3.Explanatory Details 11


Version No. 001

Prahran Mechanics' Institute Act 1899

Act No. 1617/1899

Version incorporating amendments as at 9 August 2000


An Act to provide for the Incorporation and Government of the Prahran Mechanics' Institute.


Preamble

WHEREAS by two several indentures respectively bearing date the eighth day of January One thousand eight hundred and fifty-five and the twenty-fourth day of December One thousand eight hundred and fifty-five, certain lands and premises specified in the Schedule to this Act, situate in Chapel-street in the city of Prahran, were conveyed to and vested in Frederick James Sargood, James Stokes, and George William Rusden, as trustees of the Prahran Mechanics' Institute:

AND WHEREAS James Stokes and George William Rusden are now the survivors of them the said trustees, the said Frederick James Sargood having died on the fifteenth day of January One thousand eight hundred and seventy-three:

AND WHEREAS the said premises have been used for the purpose of a Mechanics' Institution and Circulating Library and there have been expended grants of public and private moneys to that end:

AND WHEREAS the said James Stokes and George William Rusden in view of the uncertainty of human life are desirous of providing for the permanent appropriation of the said premises so held by them as such trustees as aforesaid for the purposes of Mechanics' Institution and Circulating Library and of having the same incorporated and of providing for the future management of 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 the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):

1. Short title



s. 1

This Act may be cited as the Prahran Mechanics' Institute Act 1899.

2. Incorporation of the Prahran Mechanics' Institution and Circulating Library

All persons who are for the time being members of the society known as the Prahran Mechanics' Institution and Circulating Library shall be a body corporate (hereinafter in this Act referred to as the "said incorporated body") by the name of "The Prahran Mechanics' Institution and Circulating Library incorporated," and shall by that name have perpetual succession and a common seal and be capable in law of suing and being sued and shall have power to compound or to prove in any competent court all debts due to the said incorporated body; and, for the purposes of the said institution and library, the said incorporated body shall be capable in law of taking purchasing and holding all goods chattels and personal property whatsoever.

3. Transfer of property and debts

(1) All property of the said society in the possession or control of the trustees office-bearers or committee thereof shall become the property of the said incorporated body, and all moneys owing to the said trustees office-bearers or committee shall be recoverable by the said incorporated body as successors to the trustees office-bearers and committee of the said society.

(2) All debts and liabilities of the said society legally and properly incurred by the trustees office-bearers or committee thereof outstanding at the commencement of this Act shall by the operation of this Act becomes the debts and liabilities of the said incorporated body as successors to the trustees office-bearers and committee of the said society.

4. Vesting


s. 4

The lands hereditaments and premises set out in the Schedule hereto shall be and are hereby vested in the said incorporated body, and the two indentures specified in the Schedule to this Act shall be the property of the said body, and the Registrar-General shall without further or other authority than this Act on the production to him of each of the said indentures make an indorsement thereon stating that the said lands hereditaments and premises are by virtue of this Act vested in the said incorporated body, and he shall also make a like entry on the registered memorial of such indentures in his office.

5. Management

The committee of the said incorporated body may from time to time make rules and regulations for the management and control of the said institution, and the said rules and regulations upon being approved by the Governor in Council and after publication in the Government Gazette shall be the rules and regulations of the institution.

6. Constitution of governing committee



s. 6

S. 6(1) amended by No. 10071 s. 4(a)(i)(ii).

(1) The said incorporated body shall be governed by a committee of nine members, namely—

a president who shall be the Mayor for the time being of the City of Prahran;

four members who shall be elected by the council of the said city within one month after the commencement of this Act and within one month after the next ensuing council elections in each and every year, each such member being a councillor for a different ward of such city; and

four members who shall be elected by the members of the said incorporated body at the annual general meeting; and until such election the said James Stokes and the said George William Rusden shall be members of the committee of the said incorporated body.



S. 6(2) amended by No. 10071 s. 4(b).

(2) The committee shall be deemed to be constituted immediately on the commencement of this Act, and every elected member of the committee shall subject to this Act and—

S. 6(2)(a) inserted by No. 10071 s. 4(b).

(a) in the case of members elected and appointed by the council shall hold office during the term for which they are appointed to hold that office by the council; and

S. 6(2)(b) inserted by No. 10071 s. 4(b).

(b) in the case of members elected by the members of the Institute shall hold office until the next ensuing annual general meeting.

(3) The time and mode of election and manner of resignation and all matters relating to the office of the members of the committee elected by the members of the said incorporated body shall, subject to the provisions of this Act, be provided for by rules and regulations of the said incorporated body made pursuant to this Act.



S. 7
amended by No. 10071 s. 4(c).


7. Extraordinary vacancies

s. 7

When the seat of any member of the committee of the said incorporated body becomes vacant from any cause other than at the expiration of the period for which he was elected, such seat shall be filled up by the appointment of a new member by the council or in the case of members elected by the members of the said incorporated body by the committee; such new member shall hold office only for the unexpired portion of the period for which his predecessor was elected.

8. Governor in Council to appoint in default of election

If at any time the council of the said city or the members of the said incorporated body fail or refuse to elect a member of committee at the time appointed by this Act then the Governor in Council may appoint a member who shall for all purposes be deemed to have been elected by the said council or members (as the case may be).

9. Quorum

Any three members of the committee of the said incorporated body (whether or not there is any vacancy in the full number of members of such committee) may at any meeting exercise all or any of the powers of the said committee.

10. Present rules and regulations

The rules of the Prahran Mechanics' Institution and Circulating Library, as revised on the twenty-eighth day of May One thousand eight hundred and eighty-one and in force at the commencement of this Act, shall except in so far as is inconsistent with any of the provisions of this Act be and be deemed to be the rules and regulations of the said incorporated body until revoked by rules and regulations made pursuant to this Act.

11. Power to demand rents etc.



s. 11

The said incorporated body may demand recover and receive all such rents fees tolls and charges as may be determined upon by the committee from any person coming in or upon any lands held by or vested in the said incorporated body or any part thereof or into or upon any building standing or being upon the said lands.

12. Security of officers

Before any person intrusted with the custody or control of moneys whether secretary collector or other officer of the said incorporated body enters upon his office the said committee shall take sufficient security from him for the faithful execution of his office.

13. Accounts

The committee shall cause full and accurate accounts to be kept of all sums of money received or expended on account of the said incorporated body and of the matters and things for which such sums of money shall have been received or expended.


S. 14
amended by No. 10071 s. 4(d)(i)–(iii).


14. Annual balance

The accounts of the said incorporated body shall before the thirty-first day of March in each and every year be balanced up to and inclusive of the thirty-first day of December in the year preceding; and forthwith on the accounts being so balanced an annual account shall be made up which shall exhibit a true statement of the total receipts and expenditure respectively of the said incorporated body during the year immediately preceding with the statement of the balance of such account, and all books accounts and vouchers of the said incorporated body shall be examined and audited by an auditor and the balance and account shall be certified by the treasurer of the said incorporated body and by the auditor.


s. 14
__________________

Section 4.
SCHEDULE


Sch.

1. Conveyance

Part of allotments C and D on plan of subdivision of part of portion 41, parish of Prahran. Dated eighth January One thousand eight hundred and fifty-five. Ephraim Dunnett to F. J. Sargood, Jas. Stokes, and G. W. Rusden, the trustees of the Prahran Mechanics' Institute. Land twelve feet to Chapel-street by a depth of ninety-nine feet (commencing at a point sixty-six feet from Chatham-street). Consideration One hundred pounds.



2. Conveyance

Part of portion 41, parish of Prahran, part lot 1 on plan of subdivision, by Arthur O'Mullane. Dated twenty-fourth December One thousand eight hundred and fifty-five. James Mason to F. J. Sargood, James Stokes, and G. W. Rusden, trustees of the Prahran Mechanics' Institute. Land thirty-seven feet six inches to Chapel-street (commencing at a point forty-one feet from Greville-street) by a depth of sixty-one feet. Consideration One hundred pounds.

═══════════════

ENDNOTES




  1. Endnotes
    General Information

The Prahran Mechanics' Institute Act 1899 was assented to on 27 October 1899 and came into operation on 27 October 1899.

  1. Table of Amendments

This Version incorporates amendments made to the Prahran Mechanics' Institute Act 1899 by Acts and subordinate instruments.


Endnotes


–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Prahran Mechanics' Institute Act 1984, No. 10071/1984

Assent Date:

15.5.84

Commencement Date:

15.5.84: s. 3

Current State:

All of Act in operation

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

  1. Explanatory Details


Endnotes
No entries at date of publication.







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