48 THE UNIVERSITY ACT, 1616
Questions 13. All questions which come before the said how decided council or senate respectively shall be decided b y
lb. s. 14. the majority of the members present, and the-'
16 Viot. No. chairman a t any such meeting shall have a voter
34 s. 4. and in case of an equality o f votes a casting vote M
THE UNIVERSITY ACT, 1915. 5 i
and no question shall be decided at any meeting of the said council unless six members thereof are
f iresent or at any meeting of the said senate unless wenty members thereof are present.
14. At every meeting of the council the chan- Chairman- eel lor or in his absence the vice-chancellor shall ship of preside as chairman; and at every meeting of the JJJjJJJJ senate the warden shall preside as chairman; .and in the absence of the chancellor and' vice-chancellor '"
the members of the council present, and in the absence of the warden the members of the senate present, shall elect a chairman.
13. The council shall have full power to appoint Council to and dismiss all professors officers and servants of
naveentire the 'said University, and shall have the entire |J|
atnmf
ement' management and superintendence over the affairs university, concerns and property thereof,'subject to the
J b t ] 8statutes and regulations of the University .(a)
16; Nothing in the last preceding, section shall The last pre- be defined either to restrict the power of the tS*'"* t'ST University to make any statute or regulation for restrict cer- the good government thereof or to impose upon tain powers the council any duty inconsistent with any such of the
• statute or regulation. University, 17. • The council shall have full power to make Council to
and alter any statutes and regulations (so as the IJ
1tle8ew^
rf' some are not repugnant to any existing law or to approval of the provisions of this Act) touching the discipline the senate.
of the University, the number stipend and manner /'• *•
18-„
' r 16 Vict. Nov
34 s. 7.
(n) At a visitation held at the University on July 16th, 1871, by Bis Excellency Viscount Canterbury as visitor, assisted by Uolet- worlh, .'..•the visitor said, " I think that the words ' subject to the statutes and regulations of the said University' apply to the whole of the powers vested In the Council by this section and I am of opinion, therefore, It must be held that the founder contemplated the enactment, by the constituted authorities, ot statutes or regula- tions which would be binding- on the Council In the exercise by them of any or all ot the powers thus vested In them. In the absence ot any statute or regulation to the contrary, the Council may exercise, according to their discretion, all the powers vested la them by this section."—See 2 A.J.R., 91.
5 2 T H E UNIVERSITY ACT, 1916.
•of appointment and dismissal of tbe officers^) thereof, the matriculation of students, the exami- nation for fellowships scholarships prizes exhibi- tions degrees or honours and the granting of the same respectively, the fees to be charged for matri- culation or for any such examination or decree,
the lectures or classes of the professors, and the fees to be demanded by them,' the manner and time of convening the meetings of the said council And senate,(&) and in general touching all other
matters whatsoever regarding the University.
Provided always that no new statute or regula- tion or alteration or repeal of any existing statute shall be of any force until approved by the senate.
(if) Per the visitor (ubi suprn) ** I am of opinion that the word 'officers'as used in the 7th section of the Aot (section 17 of this Act) includes professors and that this the 7th section therefore authorises the enactment of all the statutes or regulations concern*
plated as possible or probable in the preceding section (the sixth),
•for the word ' officers' \* unquestionably sufficiently large to em*
brace professors, and the Act contemplates stipends for the pro*
lessor*, and unless statutes could be made under section 7 for the 'regulation of these stipends they could not be regulated at all.
But while I am of opinion that It is competent for trite constituted authorities to regnlute by statute the number, stipend, and manner -of appointment atid dismissal of the professors as well as of the -other oflicers of the University, I do not think that the words 'shall have power'at the commencement ol the 7th section of the Act by themselves render it absolutely imperative on those In whdm the power of making statutes or regulations is thus vested t o increase that power. And I am of opinion that In the absence
•of any statute* or regulation to the contrary, the Council may
•exercise, according to their discretion, all the powers vested in them by the 6th section of the Act."—See 2 A.J.II., 91.
(b) By the visitor (itbi mipra) *' I cannot discover in the Act of incorporation any provision investing the Council and Senate with
•equal authority on any one subject or any sign that It was the intention of the founder that this equality should exist; on the
•contrary, it is, I think, clear that by the Act ot incorporation -executive and administrative functions are vested in the Council
alone. The exercise by the Council of their executive and od*
4UInistrative iwwers is contro led or controllable by the University -statutes (mode or to be mode) as well as, of course, by the law of
"Victoria, and in passing such statutes the Senate has a voice. But t h e legislative powers vested in the Senate are not co-ordinate with those of the Council: for it is for the Council to frame and initiate
•every statute, while the power of the Senate Is limited to the acceptance or rejection, as they may think fit, of the statutes
•which may be presented to them by the Council.'* By a later Act twwer of amendment I* given, see section IS. —Sco 2 A.J.R.. 98.
THE 'UNIVERSITY ACT, 1016. 5 3 1 8 . ' The senate may amend any s t a t u t e or regu- Senate may lotion submitted by t h e council for their approval n^riirinate a n d may r e t u r n the some so amended for t h e fur- statutes, t h e r consideration of the council, b u t shall not
lf/ t l g•originate any s t a t u t e or regulation.
19. I t shall be lawful for t h e University to make Colleges .any statutes for the affiliation to or connexion "fjjijjJLiand
•with t h e same of any college or educational estab- hoarding- lishment to which the governing body of such houses .college or establishment may consent, and for the licensed,
licensing and supervision of boarding-houses lu- Ib.s. so.
tended for the reception of students and the revoca- ie vict. No.
tion of such licences. Provided always t h a t no S4 s. 8.
such statutes shall affect the religious observances or regulations enforced in such colleges educational
•establishments or boarding-houses.
20. All such statutes and regulations as afore-^totntes to said shall be reduced to writing, and the common {jygJJveiTror jscal of the University having been affixed thereto
s h a l l be submitted t o the Governor to be allowed *•
21-and countersigned .by h i m ; and if so allowed and countersigned shall be binding upon all persons members of the University and upon all candidates for degrees to be conferred by the same: and the production of a verified copy of any such statutes and regulations under the said seal shall be suffi- cient evidence of the authenticity of the same in .all courts of justice and before persons acting
judicially.
21. Every student being an undergraduate shall Students to d u r i n g ' s u c h terms of' residence as the University f*J3
e n e e, may by statute appoint dwell with his parent or during term,
•guardian, or with some near relative or friend
l b t i 2selected by his parent or guardian and approved
!by the chancellor or vice-chancellor, or in some collegiate or educational establishment affiliated -
to or in connexion with the University, or in a boarding-house licensed as aforesaid.
22. No religious test shall be administered to No religious any person in order to entitle him to be admitted J j ^ j j j j
8as a student of the University or to hold office tend, therein or t o graduate t h e r e a t or t o hold any ad-
l t ), &
v a n t a g e or privilege thereof.
5 4 T H E UNIVBKS1TY ACT, 1916
Endowment. 23. It shall be lawful for the Governor by war- Jo. «. 24. rant under his hand addressed to the Treasurer of
Victoria to direct to be issued and paid out of the general revenue the sum of nine thousand pounds- in every year as a fund for maintaining.the Uni- versity, and for defraying the several stipends- which may be appointed to be paid to the several professors officers and servants to be appointed by such University, and for defraying the expenses of such fellowships scholarships prizes and exhibitions as are awarded for the encouragement of students
-- in the University, and for providing a library for the same, and for discharging all necessary charges- connected with the management thereof.
Annual . 24. In addition to the sums which by the last Endowment preceding section may be issued and paid out of
«xy School""»
tneConsolidated Revenue in any year for the .pur- poses of this Aot it sholl be lawful for the Gover- 4 5 VJif*' nor in Council in each of the five financial years- ' ' commencing on the first day of July One thousand nine hundred and thirteen to pay to the Univer- sity out of the Consolidated Revenue an additional sum of Four thousand and two hundred pounds- subject to the conditions set forth hereunder.
ot'add'iuonal ^ h
econditions on which such annual payments- grant of shall be made as aforesaid arc as follows: —
£4,2oo. ^ r p j ^
t l l eUirivergity will maintain a School of Veterinary Science (including a.
F.iculty) for the carrying on and teach- ing of and the conducting of research in Veterinary Science at the University and that at least one-half of the members, for- t-he time being of the said Faculty shall be members nominated by the Governor in Council; and
(6) That the staff of the department of the said
School which conducts research in Veter- .
inary Science shall upon such terms and
conditions as may be agreed upon between
the Minister of Agriculture and the Uni-
versity make and report to the Minister
of Agriculture the result of any investi-
gation - in Veterinary matters which the
T H E UNIVERSITY ACT, 1915. 55<