THE NEW ZEALAND INSTITUTE ACT, 1867.

Evening Star, Volume VII, Issue 1927, 9 July 1869, Page 2

THE NEW ZEALAND INSTITUTE ACT, 1867.

A SYNOPSIS. (Cohtlntied from our last issue.)

Section IX enables “ persons, bodies politic or corporate, &c , &c.,” “ to grant, convey, asMire, 4c.,” a 1 kinds of property “ in trust for the said body corporate,” meaning thereby the New Zealand Institute. Now, inasmuch as in Section V. it is distinctly provide 1 that each Incorporated Society shall become part and parcel of the Institute indeed, *‘one body corporate and politic in deed, name, and law,” it se j ms to follow as a matter of course that whatever property is ‘ accumulated” by the several parts becomes the joint property of the whole, and under the absolute control of the “ Board of Governors.” Section X. This section seems in more senses than one a ap-cial one. Not content with the usual formula—" shall ” or “ m iy” be lawful, it has it, “ It shall particularly be lawful.” But as the section not only hands over to the body corporate the “ Colonial Museum with the Laboratory, &c, 4c.,” but adds also, ‘‘together with all the rights members and appurtenances to the same belonging.” together with all “ other effects and articles now in and about the same,” a little speciality as to the particular kind of lawfulness might well be supposed to be necessary. Seeing that the body corporate is ‘‘ authorised and enabled to receive and hold ’ hot only certain persons and things “connected” with the Colonial Museum, but all manner of “ other effeeWaud articles now in and about the. sauie, ,v it might also require a little extra touch to decide whether it had authority to lay -hands oh the “effects and articles ” that might be within “about” a mile, or “abeut” a chain of “ the same.”

Section XL gives power to Governors, "in name of tbe said body corporate, to receiv •, pay, apply, and dispose of” annual grants of public moneys, &c , and to enter intq such contracts and agr-em nts “ as the sa d Board of Governors for- the time being may decide to be required to carry into effect the objects of the said body corporate, or of the several societies to lie admitted iqtq aqd incorporated therewith,” Bence segpjs doubtful whether or not any incorporated Society has any power at all to accepting contracts, erecting buildings, or ipdeed to do " other acts, deeds, matters, or ‘’-things as maybe requisite or proper to be done,” as the whole power both as regards the "body corporate” and "incorporated societies”, is ma le to centre in the Board of Governors for the time being. The clause further empowers the Board of Governors “ to make bye-laws for the regulation and disposal of the property of the body corporate, . . and also to direct and order at what times and in what manner, and under what restrictions and conditions, the several societies and associations at any time forming part of the said Institute shall have and use the halls, lec-ture-rooms, o l ass • rooms, reading - rooms, libraries, museums, and -other public property of the said body corporate,” Ac, which seems at least to admit of a doubt whether or not any incorporated society would have right to use its own hall, lec-ture-room, reading-room, Ac., except as in accordance with bye-laws made for its guidance by the Board of Governors ; for as the whole of the societies taken together form but "onebqdycorporate,” "publicprop-rty : l would seem to imply "public” as rega di the members of the body as a whole. Certainly it cannot be read in its usual and wide acceptation, for the same property could not be at one and the same time "public” in that sense, and yet be the vested property of a particular body, to wit The New Zealand Institute.

The above really seems supported by a subsequent part of the clause, which pro. videa that the Board of Governors “shall and may if they see fit delegate any of the powers and authorities vested in them to all or any of the committees of the several Societies, &c.” So after all if the Governors should “ see fit,” local Societies might have the use of their own property at such times and under such conditions as their own members might decide.

Section XII. Provide? for the holding of an Annual General Meeting of the Said body c rpo are. ” i. e., of the'members of all the incorporated Soc eties, ‘ ■ at such hour and a r -such place as shall from time to time be fixed by the said Board of Governors, ” which, no doubt, in nine cases out of teh, 1 would be “in the city of Wellington;” the 1 Superintendent of that particular city, toget her with the Governor and Colonial Secretary being ex officio' members of the Board; indeed it seems doubtful whether the meetings could be held anywhere e se, seeing that the preamble fixes the locale ofthc body corporate “in the city of Wellington.*' Severthe ess to these meetings “ the proceedings during the preceding year of the said bedy corporate, and of the societies incorporated therewith ” are to be reported, and they are to have power to make byelaws, &c., for the government of any mem* her of the incorporate body. XIII. empowers any three Governors to convene a special general meeting of the “said body corporate, for the purpose o| making or altering any byelaws, constitutions, or ordinances of the said body corporate,” but to render this meeting regular, the Governors must give a month’s notice in ane or more newspapers, published in those parts of the colony in which the “said Institute, and any Societies incorporated tinwawth, shall severally be established,and also affix a legible copy in a conspicuous place, “-in the building occupied by the said Irody corporate,” whichever particular building that may he. MV provides, that in addition to the salary of the ■Superintendent ofGeologioaiSury y and the current expenses of his department, a sum of not less than LSQU shall be “ V&ced upon the fop the especial benefit of the “ said body corporate, or of any of the several societies, &c.’ This is a most singular provision to put into jjn Apt of Parliament. and leaves the Institute without a single penny of “endowment,” as nothing is set apart or appropriated, but simply required to be “placed upon the Estimates,” appropriated as “placed,” or struck out altogether.

Section XV confers upon the Governor in Council similar powers to possessed by the Bpard of Governors, in respect to making of amending suob rules as may be ‘ necesi sary for tbe regulation and management of the Institute," and to publish the same in the Gazette, Thus it would seem that there are three separate sources where rules, &c., may emanate ;—First, the Board of Governors ; second, general meetings, called by say, three Governors ; and third, the Governor In Council.

Section XVI. seems, after all, intended to limit tbe power of the Board of Governors to simply " frame and suggest ” alterations, &c., for the Governor's approval. If this be so, then what about those fixed upon by a special general meeting (Section XIII.), which are not required to be submitted for approval at all ? Section XVII. provides that any rule or statute “ to be made as aforesaid ” shad lay upon the table of each branch of the Legislature for a period of ten days, upon the expiration of which, unless “ objected to or disallowed,” they are to “be deemed to be and shall be coufv.med,” <tc. If, as would appear to be the case, this section required that notwithstanding the power given to the Governor, the special general meetings, and the Governor in Council, to “ make,” “alter,” “amend,” &c., and to publish them in the Gazette, no rule or bye-law is really in force until the same has been laid on the table of both Houses, it might be worth while to enquire if the “ b’ules and Statutes ” as published with the Transactions, Sec, have undergone that process or not ? This seems to me to be doubtful, else why print “ Gazetted in the New Zealand Gazette, March 9, IS6B, ” unless it was intended thereby to prove their validity ? Had the provisions of the Act in this respect of being “laid upon the table,” he.. for ten days been complied with (and which alone could render them valid), this and not the fact of their being “ gazetted," (which certainly could not) would have been stated. Section XVIII, simply constitutes the Act a “public” one.