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Canterbury Provincial Ordinances |
4. The Canterbury College Ordinance 1873.
[16th June 1873.]
Whereas it is deemed expedient to make provision for enabling all classes and
denominations of Her Majesty’s subjects resident
in the Province of
Canterbury and elsewhere in the Colony of New Zealand to pursue a regular and
liberal course of Education and
with that intent to establish and incorporate a
College within the said Province:
Be it therefore enacted by the Superintendent of the Province of Canterbury
with the advice and consent of the Provincial Council
thereof as
follows:
1. Title.
The Short Title of this Ordinance shall be “The Canterbury College
Ordinance 1873.”
2. Constitution of Board of Governors.
A Board of Governors composed as hereinafter mentioned shall be and is hereby
constituted a body politic and corporate by the name
of “The Canterbury
College” by which name such body corporate shall have perpetual
succession, and shall have a Common
Seal, and shall sue and be sued or otherwise
appear and answer and be answered and may take and hold to them and their
successors
by grant will or otherwise in perpetuity or for any term of life or
years as well chattels and other personal property as lands buildings
and other
hereditaments and the same or any part thereof may alien or otherwise dispose of
or demise and also shall or may do all
other things incident or appertaining to
a Body Politic and Corporate.
3. Board of Governors not to alienate land &c., held in trust, except as hereinafter mentioned.
Provided always That it shall not be lawful for the said Corporation or any
persons or person seized of or entitled to lands in trust
for the Corporation or
for the purposes of the said College to alienate mortgage or charge any lands or
hereditaments granted to
or in trust for the Corporation or for College purposes
except by way of lease as hereinafter mentioned unless with the approval
of the
Superintendent and Provincial Council of the Province of Canterbury.
4. Board of Governors.
The said Body Corporate shall consist of William Rolleston, The Right
Reverend Henry John Chitty Harper, Henry John Tancred, the Reverend
William
James Habens, Thomas William Maude, Walter Kennaway, Charles Christopher Bowen,
the Reverend James Buller, Arthur Charles
Knight, John Studholme, James
Somerville Turnbull, William Montgomery, George Gould, Henry Richard Webb, the
Reverend Charles Fraser,
William Patten Cowlishaw, Thomas Henry Potts, John
Davies Enys, Joshua Strange Williams, John Inglis, Henry Barnes Gresson, John
Hall, the Reverend William Wellington Willock.
5. Superintendent Visitor of the College.
The Superintendent for the time being of the Province of Canterbury shall be
Visitor of the College with all such powers as usually
appertain to the office
of Visitor of a College.
6. Resignation of Governor or Governors.
If any of the said Governors shall die or by writing under his hand resign
his office or cease for six calendar months to reside in
the Province of
Canterbury or become bankrupt or make any arrangement or composition with his
creditors under the provisions of any
law for the time being in force relating
to bankruptcy or insolvency or be convicted of any treason felony or indictable
misdemeanour
he shall immediately cease to be a Governor Provided that if any
such Governor shall be resident out of the Province of Canterbury
with the
previous permission in writing of the Board of Governors then any period for
which such permission is expressed to be granted
shall not be included in the
computation of the said period of six calendar months and fresh permissions may
be granted from time
to time.
7. How vacancies may be filled up until there shall be 30 graduates.
Until there shall be thirty members of the said College who are graduates of
the University of New Zealand continuing on the books
of the College all
vacancies which shall occur among the Board of Governors of the said College
shall be filled up as they may occur
by the election of such other fit and
proper persons as the remaining members of the said Board shall at meetings to
be duly convened
for that purpose from time to time elect to fill up such
vacancies.
8. First Meeting of Board of Governors.
The said Governors shall meet for the first time at such time and place as
the said Superintendent shall appoint and shall forthwith
proceed to elect out
of their own body by a majority of votes present a Chairman who shall hold
office for one year from the day
of his election and until other provision shall
be made by the said Governors he shall have the custody of the Common
Seal.
9. Appointment of Chairman.
Every Chairman shall hold office for one year from the day of his election and the said Governors on some day annually before or after the expiration of the tenure of the said office of which due notice shall be given elect the Chairman or in case of the death resignation or other avoidance of any such Chairman before the expiration of his year of office shall at a meeting to be holden by them for that purpose as soon as conveniently may be of which due notice shall be given elect some other fit and proper person to be Chairman for the remainder of the year in which such death or resignation or other avoidance shall happen every such Chairman to be chosen from among themselves by the major part of the Governors present at such meeting.
10. Minutes of Proceedings and accounts to be kept.
The said Governors shall keep exact minutes of all their proceedings in fit
books and full and accurate accounts of all their receipts
disbursements
liabilities and engagements and shall in the month of January in every year
submit the same with all necessary vouchers
to be audited by the Provincial
Auditor of the Province of Canterbury and shall once in every year transmit a
full account of the
whole income and expenditure of the said College to the
Superintendent of the Province of Canterbury for the purpose of being submitted
to the Provincial Council of the said Province.
11. Proceeds of rents, &c., may be set apart by Board of Governors for particular branches of education.
The rents income and annual proceeds of all real and personal estate which
shall be granted devised bequeathed conveyed given to the
said Governors or any
person or persons in trust for them for the benefit of the said College with a
declaration of trust or as endowment
for the promotion of any particular branch
or branches of science or education shall be strictly applied by the said
Governors for
the objects for which such real and personal estate shall have
been so granted devised bequeathed conveyed or given.
12. Management of estate.
The said Board of Governors shall have power with respect to all lands which
may be vested in them to manage and deal with the same
as they may think fit and
from time to time to let the same or any part thereof for any term not exceeding
twenty-one years from
the time when such lease shall be made at such rent and on
such terms and conditions as they shall think fit but so that no fine
premium or
foregift be taken.
13. Proceeds of rents, &c., how to be applied.
The rents profits and annual income of all real and personal estate which may
be vested in the said Board of Governors shall be applied
by them for the
maintenance of the College and the payment of salaries and expenses connected
therewith and for prizes exhibitions
scholarships and other rewards for the
students therein Provided that the said Governors shall have power if they think
fit to set
apart out of the said rents profits and annual income such part as
they shall think fit either as an addition to the capital fund
which shall then
be invested in manner hereinafter mentioned and dealt with as part of such
capital or as a reserve fund to meet
extraordinary expenses which shall be
invested and dealt with in such manner as the said Governors shall
direct.
14. Moneys, &c. bequeathed how to be invested.
With respect to any moneys bequeathed or given to the said Governors for such
College or being rents profits or annual income set
apart under the preceding
section the said Governors shall invest the same from time to time in the
purchase of land in New Zealand
or in stocks funds bonds bills or debentures of
the Government of the Colony of New Zealand or of the Province of Canterbury or
of
any Municipal Corporation established or to be established within such
Province.
15. Power of Board of Governors to appoint or dismiss officers of College.
The said Board of Governors shall have full power to appoint and dismiss all
professors tutors officers and servants belonging to
the said College and also
the entire management of and superintendence over the affairs concerns and
property of the said College
and in all cases unprovided for by this Ordinance
it shall be lawful for the said Governor to act in such manner as shall appear
to them to be best calculated to promote the purposes intended by the said
College and the said Governors shall have full power from
time to time to make
and also to alter add to suspend or revoke any statutes bye laws and regulations
(so as the same be not repugnant
to any existing law or to the general objects
and provisions of this Ordinance) for defining the course of Education in the
said
College the examinations to be held the discipline of the said College the
examinations for scholarships the conditions under which
students shall he
admitted therein the fees to be paid and for determining the mode and time of
convening the meetings of the said
Board of Governors and for the conduct of
business at these meetings and in general touching for all other purposes and
matters whatsoever
regarding the said College.
16. Questions, how decided.
All questions which shall come before the said Governors shall be decided by
the majority of the members present and the Chairman
at any such meeting shall
have a vote and in case of an equality of votes a second or casting vote and no
question shall be decided
at any meeting unless eight Governors at the least
shall be present at the time of such decision and at every meeting of such
Governors
the Chairman shall preside or in his absence a Chairman for such
meeting shall be chosen by the members present or the major part
of
them.
17. Power of Board of Governors to take steps to have College affiliated to any University.
The Governors of the said College may take the necessary steps and do and
perform every act matter and thing that may be requisite
or necessary for the
purpose of having the College affiliated to or connected with the University of
New Zealand or any University
outside the Colony of New Zealand having the power
of conferring degrees by charter from Her Majesty or by Act of the Imperial
Parliament.
18. How vacancies shall be filled up when there are not fewer than 30 graduates.
Whenever there shall be not fewer than thirty members of the College who are graduates of the University of New Zealand continuing on the books of the College All vacancies thereafter occurring in the number of the Governors shall be from time to time filled up by the majority of such graduates present at a meeting duly convened for that purpose by the Board of Governors.
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URL: http://www.nzlii.org/nz/legis/can_ord/cco1873243