Christ College Act 1926 (Tas)

Christ College Act 1926 An Act to incorporate Christ College and similar institutions, and to provide a constitution for the corporate body [Royal Assent 21 December 1926] Whereas in or about the year 1846 a college scheme under the auspices of the Church of England was inaugurated in Tasmania to afford a means of training up the youth of Tasmania in classical, mathematical, scientific, and theological learning, and 3 institutions, called Christ College, the Hutchins School, and the Launceston Church of England Grammar School, were founded to carry out the scheme: And whereas this scheme is at the present time being carried out by – (a) Christ College, under a scheme approved by the Supreme Court of Tasmania. This institution is managed by a board known as the Council of Christ College, and its property is vested in trustees appointed by the said Court, namely, Arthur Larchin Butler, Robert McFarlane Harvey, and William Percy Hood; (b) The Hutchins School, managed by a board of management, whose property is vested in Frederick Taylor Whitington, Edward Henry Butler, Robert Snowden Hay, Edwin Herbert Webster, and William Frederick Dennis Butler, as trustees for the said school, who are duly appointed under the provisions of a trust deed dated 16th December 1847, as amended by the Hutchins School Act 1911 ; (c) The Launceston Church of England Grammar School, managed by William Martin Hardwicke Weedon, Stuart Eardley Wilmot, Alfred Lawrence Green, Ernest Granville Miller, George Edward Harrap, Robert Lewis Parker, Harry Gillett, Alfred Richard Beresford, George Campbell Hinman, Cyril Aubrey Perrin, and Harry David Hadden Cummins, as trustees for the said school, who are duly appointed under the provisions of a trust deed dated 13th August 1862, and in whom, or in some of whom, the property of this institution is vested, and which institution is now carried on under the provisions of the said trust deed as amended by the Launceston Church of England Grammar School Act 1924: And whereas by his last will and testament, dated 10th May 1882, James Denton Toosey, of Richmond Hill, near Longford, in Tasmania, Esquire, after creating a yearly rent charge of twenty-five pounds in perpetuity on his estate of Richmond Hill towards the maintenance and support or otherwise for the benefit of a clergyman of the Church of England for the parish of Cressy, devised his estate of Richmond Hill to the Bishop of Tasmania in perpetuity for the perpetual endowment of a collegiate institution for bringing up students in classical, mathematical, and theological erudition, and also for the purpose of providing clerical administration for the Church of England at Cressy, as in the said will is more particularly set forth, and he desired that such institution should, as far as might be practicable, be conducted in connection with Christ College; and the said testator, after giving a life estate therein to his son, now deceased, further devised all those 85 acres 2 roods fronting on the Cressy Road known as the Reserve, and also all those 100 acres of land fronting on the said road which he purchased from John Tongs, to the Bishop of Tasmania and his successors, upon the same trusts, and subject to the same conditions, as above set forth: And whereas Lady Franklin gave certain lands known as the Ancanthe Estate and the Franklin Endowment for such university, college, or school as the Bishop of Tasmania should approve of as calculated to promote religion and learning, with power for the said Bishop from time to time to revoke, alter, or change all or any of the trusts or purposes for the benefit of the said university, college, or school, and to substitute others in the room thereof, as is more particularly set out in an indenture of release dated 2nd November 1843, and which said lands have been under the control of the trustees of Christ College: And whereas, in accordance with the intention of the original founders, it is now proposed to form a corporate body to afford a means of training up the youth of Tasmania in classical, mathematical, scientific, and theological learning, and to make permanent provision for a stronghold of learning and a school of Christian gentlemen, and which shall comprise all the above-mentioned institutions and properties, and be constituted and managed as provided by this Act: Be it therefore enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows: 1. Short title This Act may be cited as the Christ College Act 1926 . 2. Incorporation The Board of Christ College, the Board of the Hutchins School, and the Board of the Launceston Church of England Grammar School shall be a corporate body, by the name of "Christ College Trust", having perpetual succession and a common seal, which shall have full power and authority to hold land and other property, which may sue and be sued, and which shall have all the other rights and privileges of a corporate body. 3. Vesting of trust property in corporation All property, both real and personal, and all choses in action, rights, and powers at present vested in or held by – (a) Arthur Larchin Butler, Robert McFarlane Harvey, and William Percy Hood, being and as the trustees of the institution known as Christ College, and in whom the property of that institution was vested by an order of the Supreme Court of Tasmania dated 11th May 1925; (b) the Venerable Frederick Taylor Whitington, Edward Henry Butler, the Right Reverend Robert Snowden Hay, Edwin Herbert Webster, and William Frederick Dennis Butler, or any one or more of them, as trustees of the Hutchins School; (c) William Martin Hardwicke Weedon, Stuart Eardley Wilmot, George Crosby Gilmore, Alfred Lawrence Green, Ernest Granville Miller, George Edward Harrap, Robert Lewis Parker, Harry Gillett, Alfred Richard Beresford, George Campbell Hinman, Cyril Aubrey Perrin, and Harry David Hadden Cummins, or any of them, under and by virtue of a deed poll dated 13th August 1862, the Launceston Church of England Grammar School Act 1924, or by any other means upon trust for the Launceston Church of England Grammar School; (d) His Lordship the Bishop of Tasmania for the time being under and by virtue of the will of James Denton Toosey, deceased, dated 10th May 1882, and registered on 5th May 1884 (Number 22/2154); (e) the trustees of the property known as the Ancanthe Estate and Franklin Endowment, comprising all the lands described in an indenture dated 2nd November 1843, and made between Sir John Franklin and Jane, his wife, of the first part, Edward Samuel Pickard Bedford of the second part, the Reverend Thomas James Ewing of the third part, John Price of the fourth part, and the Right Reverend Francis Russell Nixon, Bishop of Tasmania, James Ebenezer Bicheno, the said Thomas James Ewing, the Reverend John Phillip Gell, and Ronald Campbell Gunn of the fifth part – shall, by virtue of this Act, and as from the coming into operation thereof, without any conveyance, assignment, or other instrument, be vested in Christ College Trust, but subject, nevertheless, to all mortgages, leases, and other contracts lawfully made in respect thereof. 4. Institutions The objects of Christ College Trust shall be carried on by 3 institutions, Christ College, the Hutchins School, and the Launceston Church of England Grammar School, together with such other institutions as may hereafter be incorporated into the trust under the powers hereinafter contained. 5. Management of Christ College Christ College shall be managed by the Board of Christ College consisting of the Bishop of Tasmania for the time being, or some clergyman nominated by him, who shall be chairman, and 6 other members. Four of the members of the first board shall be appointed by the Bishop from the existing members of the trustees of Christ College, and the council thereof and the remaining 2 members shall be appointed, one by each of the boards of the Hutchins School and the Launceston Church of England Grammar School respectively. 6. Management of the Hutchins School The Hutchins School shall be managed by the Board of the Hutchins School. The present board of that school shall continue in office until 3rd August 1927. 7. Management of the Launceston Church of England Grammar School The Launceston Church of England Grammar School shall be managed by the Board of the Launceston Church of England Grammar School. The present trustees of such school shall constitute the first Board. 8. Visitor The Bishop of Tasmania for the time being shall be Visitor of Christ College Trust and all institutions comprised therein, with the same authorities, rights, and privileges as heretofore, so far as the same shall not be inconsistent with this Act. In the absence of the Bishop from the diocese, or in the event of a vacancy in the see, or the disability of the Bishop, the Vicar-General or the Administrator of the diocese shall exercise the functions of the Visitor. 9. Prayers Prayers taken from the Liturgy of the Church of England in Tasmania, or of which the form shall have been approved by the Visitor, shall be said daily in each institution comprised in Christ College Trust. 10. Trustees The Trustees of Christ College Trust shall consist of the following persons: (a) 6 persons, two of whom shall be appointed by each of the boards mentioned in sections 5 , 6 , and 7 ; (b) When any other institution shall have been incorporated in Christ College Trust in accordance with section 30 , the person or persons appointed trustees by each such institution. Every person so appointed, unless appointed to fill an extraordinary vacancy, shall hold office for a term of 5 years from his appointment and thereafter until his successor shall be appointed. 11. Powers of trustees The trustees of Christ College Trust shall manage all property, both real and personal, vested in the corporation for the purpose of producing income, and, except as herein otherwise provided, shall manage all the affairs of Christ College Trust. 12. Common seal The trustees of Christ College Trust shall have the custody of the common seal thereof, and the attesting by two trustees of the affixing of the seal shall be sufficient evidence of the affixing of the said seal, and of the due compliance with all regulations and other provisions regarding the execution of the document. 13. Delegation by trustees The trustees of Christ College may permit the board of any institution to hold deeds or securities in connection with such institution, and may delegate to those trustees who are nominated by the board of any institution special control of any special funds held for that institution. 14. Trusts of specified properties Christ College Trust shall hold – (a) – (i) the property comprised in Schedule 1 ; (ii) the sum of three thousand pounds, which shall be set aside by the trustees of the Christ College Trust out of the proceeds of the sale of the property devised to the Bishop of Tasmania by the said will of James Denton Toosey, and until such sale the income from such property, after payment of all prior charges, shall be paid to the Board of Christ College – upon trust for an institution to be managed by the Board of Christ College, and hereafter known as Christ College; (b) the lands and moneys comprised in Schedule 2 upon trust for the Hutchins School; (c) – (i) the lands and moneys comprised in Schedule 3 ; (ii) the sum of six thousand pounds, which shall be set aside by the trustees of Christ College Trust as available for that purpose, but within a period not exceeding 10 years from the passing of this Act – upon trust for the Launceston Church of England Grammar School: Provided that the income on such portion of the said sum of six thousand pounds as shall not have been so set aside shall be paid to the Board of the Launceston Church of England Grammar School, except in so far as may be necessary to use such income to make up the sums payable to the Board of the Hutchins School under paragraph (a) of section 15 , if the remainder of the property of Christ College Trust shall not provide sufficient income; (d) the Ancanthe Estate and Lady Franklin Endowment, and all moneys arising thereunder, upon such trusts, and for such purposes, and for such institutions comprised in Christ College Trust as the Bishop of Tasmania shall deem most advisable, having regard to the provisions of the said indenture of 2nd November 1843; (e) the lands and moneys set forth in Schedule 4 for the scholarships and prizes and for the purposes set forth in that schedule upon trust, to pay the income and annual profits arising therefrom to the boards of the respective institutions at which such scholarships or prizes are tenable or awarded. 15. Trusts of ordinary property The remainder of the property of Christ College Trust shall be held or invested as capital for the trust generally, and the net annual income arising therefrom shall be paid in the manner following: (a) As to 30 per centum thereof, to the Board of the Hutchins School for the purposes of such school: Provided that if such sum shall be less than the sum of $1 400 that sum shall be paid, in lieu of the 30 per centum, by equal quarterly payments to the Board of the Hutchins School for the purposes of such school until the whole of the lands belonging to Christ College Trust at Bishopsbourne, in Tasmania, shall be sold, or until 31st December 1936, whichever shall first happen; (b) As to a further 30 per centum thereof, to the Board of the Launceston Church of England Grammar School for the purposes of such school: Provided that if the amount payable to the Board of the Hutchins School shall be more than 30 per centum, the amount payable under this subsection shall be reduced proportionately with the income hereby allotted to the Board of Christ College; (c) As to a further 30 per centum thereof, to the Board of Christ College for the purposes of such college: Provided that until Richmond Hill Estate, and other lands devised by the said James Denton Toosey upon the same trusts, shall be sold, the Board of Christ College shall bring the net rents and profits from the Richmond Hill Estate and other lands upon the same trusts, less an amount equivalent to the interest at current rates on $6 000, into hotchpot before they shall be entitled to participate under this section: And provided, further, that if the amount payable to the Board of the Hutchins School shall be more than 30 per centum, the amount payable under this subsection shall be reduced equally with the payment to the Board of the Launceston Church of England Grammar School; (d) The remaining 10 per centum shall be retained by the trustees of Christ College Trust, and may be invested and reinvested by them, and shall be regarded as principal moneys; but such accumulations or any part thereof may be applied by the trustees at any time, with the consent of the boards of all institutions concerned, in the purchase of any land or buildings, or in the erection of buildings, or in the purchase of equipment for any institution comprised in Christ College Trust: Provided that in any year in which the amount payable to the Board of the Hutchins School exceeds 30 per centum, the trustees may in their discretion reduce the amount retained by them under this subsection, and distribute the balance to the Board of Christ College and the Board of the Launceston Church of England Grammar School. 16. Provisions relating to the sale, &c., of real estate and the investment, &c., of funds No real estate vested in Christ College Trust upon trust for any institution comprised therein shall be sold, mortgaged, or charged, except under the direction of the Board of such institution, and with the approval of the Trustees of Christ College; but subject thereto, Christ College Trust may sell, mortgage, or charge any real or personal estate vested in it (including all lands held by the Trust upon trust for the Hutchins School) upon such terms and conditions in all respects as it may deem advisable, notwithstanding any provisions to the contrary contained in any Act of Parliament, will, deed, or any other instrument; and Christ College Trust shall have full power and discretion to invest from time to time the funds at its disposal as it shall deem most advantageous, including the purchase of real or personal estate, and including the purchase of debentures of a limited liability company, registered in any State of the Commonwealth of Australia, and having in each of the 10 years last past before the date of such investment paid a dividend at the rate of not less than 4 per cent on its ordinary shares; and Christ College Trust shall, when directed by the Board of the Launceston Church of England Grammar School, sell, convey, mortgage, or let the 3 roods of land first described in the third schedule of the Principal Act or any part or parts thereof for such price or prices and on such terms as such Board shall direct. 17. Application of proceeds of property held upon special trust Any moneys arising from the sale, mortgaging, or charging of any real or personal estate held upon trust for any institution shall be held by Christ College Trust upon trust for such institution, and be applied in such manner as the trustees of Christ College Trust and the board of such institution shall mutually agree, and, failing agreement, as shall be settled by the Visitor: Provided that if real or personal property so sold, mortgaged, or charged shall be subject to any special trust, the moneys arising from the sale, mortgaging, or charging thereof shall remain subject to the same special trusts. 18. Powers of board of management The board of each institution shall manage and control the lands, buildings, moneys, and other property held from time to time by Christ College Trust in trust for it other than by way of income-producing property, and generally control and manage the finances thereof, and shall have power to rent any buildings or premises which it may deem suitable, or to accept the use of any buildings or premises which may be placed at its disposal. The Board may at its discretion pay any surplus income to the trustees of Christ College Trust to create or augment an endowment fund for its institution. 19. Appropriation of existing income Any moneys, school equipment, and other personal estate due to or held by the Board of the Hutchins School and the trustees of the Launceston Church of England Grammar School shall remain under the control of the Board of the Hutchins School and the Board of the Launceston Church of England Grammar School, respectively, for the same purposes as they held the same at the passing of this Act, and all moneys in the hands of the Council of Christ College shall be paid to Christ College Trust, and shall be held for a period of 5 years as a separate fund to be used by the trustees of Christ College Trust at their discretion in making up any deficiency in income to any institution comprised in Christ College Trust, and at the end of the said period of 5 years the balance of the said separate fund (if any) may be continued as a separate fund for the purpose aforesaid, or may be capitalized, as the trustees may deem proper. 20. Charge of existing debts All mortgages, charges, and other debts owing by or charged upon the property of the Hutchins School or the Launceston Church of England Grammar School shall continue to be charged upon, or payable out of, the property held by Christ College Trust in trust for such respective schools; but the property of Christ College Trust shall not otherwise be responsible for or liable to such debts, and all future debts and liabilities incurred by the boards of Christ College, the Hutchins School, and the Launceston Church of England Grammar School respectively shall only render the property of Christ College Trust liable to the same to the extent provided by this Act. 21. Legal proceedings The board of any institution comprised in Christ College Trust, and the trustees of Christ College Trust, shall take all legal proceedings in the name of Christ College Trust, and notice to and service on Christ College Trust may be effected by delivery at the office of the trustees of Christ College Trust, which office shall be in Hobart. 22. Evidence In all courts, and in all legal proceedings instituted by or against Christ College Trust, the production of a certificate purporting to be under the seal of Christ College Trust, and attested by the signatures of two trustees of the appointment of the trustees of Christ College Trust, or of the Board of Christ College, the Board of the Hutchins School, or the Board of the Launceston Church of England Grammar School, or of any one or more of the members thereof, shall, on production only, be deemed prima facie evidence without further proof that such trustees or boards, or one or more of such members thereof, have been duly appointed according to law, and the onus of proof to the contrary shall rest on the persons or person challenging the validity of such appointment. A copy of any resolution passed by the trustees or by any board authenticated by the seal of Christ College Trust shall be conclusive evidence of the due passing of such resolution. 23. Donations, &c., and their application All subscriptions, donations, or endowments hereafter accepted by Christ College Trust shall be applied or invested, and the income thereof applied, for the purposes and in the manner directed by the donors, and, failing any such directions, the same shall be applied as provided for in section 15 . 24. Application of special donations The board of each institution shall have power to direct the purposes and manner in which any real or personal property held in trust for, or given or left to or for, such institution shall be applied: Provided that no such direction shall be contrary to the purposes directed by the donor thereof, and until such direction shall be given Christ College Trust shall manage or invest the same and pay the income arising therefrom to the board of such institution. All gifts, bequests, devises, or settlements to or for any institution comprised in Christ College Trust, or the trustees of such institution, shall be considered to be to or for Christ College Trust for the benefit of such institution. 25. Audit of accounts The books of account of Christ College Trust for each calendar year shall be examined, vouched, and audited before 1st April in the following year, and a copy of the accounts so audited shall forthwith be forwarded to the Visitor and to the board of every institution comprised in Christ College Trust, and likewise the accounts of each board shall be examined, vouched, and audited, and a copy thereof forwarded to the Visitor and to Christ College Trust. 26. Regulations Except as otherwise provided in this Act, the board of every institution and the trustees of Christ College Trust shall each have power to make regulations for all or any of the following purposes: (a) The conduct of its business, including the election of a president or chairman, and the term of his tenure, and the quorum of members, and the execution of deeds and other documents; (b) The appointment, employment, and dismissal of members of the teaching staff, officers, and other employees under its control; (c) The government, management, and discipline of the institution managed by it; (d) The admission, teaching, and management of boys or students; (e) The granting of scholarships or prizes, including the number to be granted, and the value and term thereof, and manner in which the same shall be awarded or applied, and the capitalization of any income not required for current scholarships or prizes; (f) Any other purpose approved of by the Visitor. 27. Passing of regulations All regulations must be passed at a meeting specially convened for that purpose, and be approved by the Visitor. Any regulation so made may be amended or revoked as occasion shall require at a meeting specially convened for the purpose, and all such alterations must be approved by the Visitor. 28. Conference with Visitor The Visitor, by notice in writing to the president or chairman of the trustees, or of any board, may require him to call a meeting thereof for the purpose of a conference with the Visitor. The president or chairman shall forthwith call a meeting of such trustees or board for that purpose, at which meeting the Visitor shall preside. 29. Duties of warden and headmasters The warden or headmaster of any institution shall be the advisor of the board thereof, and the chief executive officer in all matters affecting its internal management, and shall be responsible to the board for its proper discipline and teaching. He shall, except when the board otherwise determines, be entitled to be present at meetings of the board, but shall not be or become a member of the board. 30. Additional institutions It shall be lawful for the trustees of Christ College to incorporate in Christ College Trust, with the consent and approval of the Visitor, any other institution connected with the Church of England in Tasmania whose principal object shall be to afford a means of education for the youth of Tasmania, provided that the approval of the boards of all institutions comprised within Christ College Trust shall first have been given. Any such institution may be allotted such portion of the capital or income of Christ College Trust as may be unanimously agreed to by the trustees of Christ College, and such boards, and the board of any such institution, may appoint either one or two trustees of Christ College Trust, as may have been agreed upon, on its incorporation with Christ College Trust. 31. Religious teaching (1) In accordance with the intention of the original founders, the religious services and ritual to be used in all institutions comprised within Christ College Trust, and the theological instruction to be imparted under the scheme provided by this Act, shall be in accordance with the practice and principles of the Church of England in Tasmania. (2) No religious test whatever shall be imposed upon boys or students desirous of entering any such institution, and attendance upon religious services shall not be compulsory upon any boys or students whose parents or guardians may state in writing their objection to such attendance; but the boarders will be expected to attend daily prayers. 32. Extraordinary vacancies The seat of any member of the trustees of Christ College Trust or of the board of any institution shall become vacant by his death or resignation, or by his becoming bankrupt or insolvent, or going to reside out of Tasmania, or by his refusal or incapacity to act, or if he shall neglect to attend the meetings of the trustees or the board of which he is a member for the space of 6 months without leave of absence previously obtained. Any extraordinary vacancy shall be filled up within 3 months after the same shall have arisen, in the same manner as the person originally appointed a member was appointed, and, failing such new appointment within 3 months of the vacancy occurring, the trustees or board may elect a member to the vacant seat. Any member appointed to fill an extraordinary vacancy shall hold office for the remainder of the period for which the member whose seat had become vacant had originally been appointed. 33. Appointment of Board of Christ College Subject to section 5 , the Board of Christ College shall consist, in addition to the chairman, of two members appointed by the Visitor, two members appointed in such manner as the Synod of the Church of England in Tasmania shall direct, and two members appointed, one by each of the Boards of the Hutchins School and the Launceston Church of England Grammar School respectively. Members shall hold office for the term of 5 years from the date of their appointment, and thereafter until their successors are appointed. At least 3 members of the Board shall be clergymen of the Church of England in Tasmania. 34. Duties of Board The Board of Christ College shall provide for the training of young men in theological learning and Christian doctrine for admission to holy orders in connection with the Church of England in Tasmania, and, so far as its means will allow, shall provide for a college or hostel for students attending the University of Tasmania: Provided that the general theological and devotional standard shall be as prescribed by the Bishop. 35. Site of Christ College Until otherwise determined by the Board of Christ College, the institution known as St Wilfred's, Cressy, together with Christ College, now established on the lands described in Schedule 1 , shall be carried on by the Board of Christ College; but the Board may close St Wilfred's College at Cressy, and thereafter carry on all theological instruction at Christ College. The site of Christ College shall only be altered by the vote of two-thirds of the members of the Board with the approbation of the Visitor. 36. Appointment of Warden of Christ College (1) The Warden of Christ College may be appointed or dismissed only by the Visitor, after consultation with the Board of Christ College. (2) Before the appointment of a Warden under subsection (1) , the Board of Christ College shall fix his term of office, his duties, and his remuneration. (3) A person appointed to the office of Warden shall be a communicant member of the Anglican Church of Australia, and shall be either a graduate of a university, or the holder of a theological diploma, approved by the Bishop of Tasmania. 37. Power of affiliation Subject to the approval of the Visitor, it shall be lawful for the Board of Christ College, if it thinks fit so to do, to affiliate the College to the University of Tasmania or any other university. 38. The Hutchins School The Hutchins School shall be conducted in the manner and according to the regulations usually adopted in English public schools, and the object of the Hutchins School is to afford the means of imparting the education usually given at English public schools, so far as the conditions in the State of Tasmania allow of the same being carried out and which shall not be inconsistent with or contrary to the principles of the Church of England in Tasmania. 39. Appointment of the Hutchins School Board (1) The Board of the Hutchins School shall consist of 9 members, of whom one shall be appointed by the Board of Christ College, 3 by the Visitor, and the remaining 5 members by the Hutchins School Old Boys' Association from amongst its members in such manner as such Association shall determine; and all such members so appointed to the Board of the Hutchins School shall hold office for 5 years and thereafter until their successors are appointed; provided that no member of the last-mentioned Board shall hold office for more than 10 consecutive years. (2) The Hutchins School Old Boys' Association shall consist of such old scholars of the Hutchins School and other persons who shall have become members of that Association. 40. Old Scholars' Association and the Hutchins School Fund All subscriptions, donations, or endowments received for the purposes of the school shall, if no specific destination be directed by the donors, be carried to a fund called the Hutchins School Fund, which shall be a continuing fund for the purposes of the school. The Hutchins School Fund shall be carried to a separate account by the Board of the Hutchins School, and may be applied by the Board at any time in the purchase of any land or in the erection of any buildings for the purposes of the school, or improvements to buildings and premises, or in the purchase of equipment, or, with the consent of the trustees of Christ College, in urgent repairs, provided that, so far as practicable, repairs to buildings shall be effected out of the ordinary income of the school under the disposal of the Board. Any such mone