The Canterbury College Ordinance, 1873
it is deemed expedient to make provision
for enabling all classes and denominations of Her Majesty's subjects resident in the Province of Canterburr 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. The Short Title of this Ordinance shall be "The
Canterbury College Ordinance, 1878."
2. A Board of Governors composed as hereinafter
Constitution of Board of Governors.
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.
Board of Governors not to alienate land &c., held in trust, except as hereinafter mentioned.
3. Provided always that it shall not be lawful for the said Corporation or any persons or person seised 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. The said body corporate shall consist of William Rolleston, The Eight 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 Eraser, William Patten Cowlishaw, Thomas Henry Potts, John Davies Enys, Joshua Strange Williams, John Inglis, Henry Barnes Gresson, John Hall, the Reverend William Wellington Willock.
Superintendent Visitor of the College
5. 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.
Resignation of Governor or Governors.
6. 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 provision 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. Until there shall be thirty members of the said
How vacancies may be filled up until there shall be 30 graduates.
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. The said Governors shall meet for the first time
First Meeting of Board of Governors.
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. 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.
Minutes of proceedings and accounts to be kept.
10. 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.
Proceeds of rents, &c., may be set apart by Board of Governors for particular branches of education.
11. The rents income and annual proceeds of all real and personal estate which shall be granted devised bequeathed conveyed or 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. 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.
Proceeds of rents, &c., how to be applied.
13. 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. With respect to any moneys bequeathed or
Moneys, &c., bequeathed how to be invested.
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. The said Board of Governors shall have full
Power of Board of Governors to appoint or dismiss officers of the College.
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 Governors 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 and 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 be 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. 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.
Power of Board of Governors to take steps to have College affiliated to any University.
17. 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.
How vacancies shall be filled up when there are not fewer than 30 graduates
18. 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.