ACT OF INCORPORATION.
VICTORIA.
ANNO DEOIMO SEXTO
VICTORIJl REGINiE.
By His Excellency C H A B L E S J O S E P H L A T E O B E ,
E S Q U I R E , Lieutenant-Governor of the Colony of Victoria and its Dependencies, with the advice and consent of the Legislative Council.
No. XXXIV.
An Act to Incorporate and Endow the University of Melbourne. [Assented to 22nd January, 1853.]
Preamble. TTTHEREAS it is expedient to promote sound YV learning in the Colony of Victoria and with that intent to establish incorporate and endow an University at Melbourne open to all classes and de- nominations of Her Majesty's subjects Be it enacted by His Excellency the Lieutenant-Governor of the said Colony by and with the advice and consent of the Legislative Council thereof as follows :
TJairersity I- An University consisting of a Council and Senate to consist o£ shall be established at Melbourne and when duly con Ind^ulxB. I^y^'^ti T ' ^ i ' ' F ° ' " i ^ ' ^ according to the provisions of
this Act shall be a body politic and corporate bv the name of " The University of Melbourne " and by such name shall have perpetual succession and shall adopt
ACT OP INCORPORATION. 2 3 and have a Common Seal and shall by the same name
sue and be sued plead and be impleaded answer and be answered unto in all Courts of the said Colony and shall be capable in law to take purchase and hold all goods chattels and personal property whatsoever and shall also be able and capable in law to receive take purchase and hold for ever not only such lands build- ings hereditaments and possessions as may from time to time be exclusively used and occupied by the immediate requirements of the said University but also any other lands buildings hereditaments and possessions what- soever situated in the said Colony or elsewhere and shall be able and capable in law to grant demise alien or otherwise dispose of all or any of the property real or personal belonging to the said University and also to do all other matters and things incidental or appertain- ing to a body politic Provided always that until the Senate of the said University shall have been con- stituted as is herein enacted the said University shall consist of a Council only Provided further that it shall not be lawful for the said University to alienate mort- gage charge or demise any lands tenements or heredita- ments of which it shall have become seised or to which it may become entitled by grant purchase or otherwise unless with the approval of the Lieutenant-Governor and Executive Council of the said Colony for the time being except by way of lease for any term not exceed- ing twenty-one years from the time when such lease shall be made in and by which there shall be reserved during the whole of the term the highest rent that can be reasonably obtained for the same without fine.
II. and III. Repealed by the University Act 1881.
IV. All questions which shall come before the said Questions, Council or Senate respectively shall be decided by the 1^°^ decided.
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 casting vote and no question shall be decided at any meeting of the said Council unless six members thereof be present or at any meeting of the said Senate unless twenty members thereof be present.
V. At every meeting of the Council the Chancellor Chairman- or in his absence the Vioe-Chancellor shall preside as ^P »*
Chairman and at every meeting of the Senate the g^^te. *°
Warden shall preside as Chairman and in the absence of the Chancellor and Vioe-Chanoellor the members of the Council present and in the absence of the Warden the members of the Senate present shall elect a Chairman.
Council to VI. The said Council shall have full power to appoint have entire and dismiss all Professors Officers and Servants of the SeSt^of the ^^^^ University and shall have the entire management University, and superintendence over the affairs concerns and pro-
perty thereof subject to the statutes and regulations of the said University.
make'^sto- ^^^- "^^^ ^^^"^ Council shall have full power to make tutes, witii and alter any statutes and regulations (so as the same approval of be not repugnant to any existing law or to the pro- the Senate, visions of this Act) touching the discipline of the said
University the number stipend and manner of appoint- ment and dismissal of the Officers thereof the matri- culation of students the examination for Fellowships Scholarships Prizes Exhibitions Degrees or Honours and the granting of the same respectively the fees to be charged for matriculation or for any such examination or degree 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 what- soever regarding the said University Provided always that so soon as the Senate of the said University shall have been constituted no new statute or regulation or alteration or repeal of any existing statute shall be of any force until approved by the said Senate,
S^affliiateT ^ ™ - ^* ^'^^ll ^^ ^a-"^"! fo^ ^^^ ^^^^ University to and Board-' make any statutes for the affiliation to or connection ing Houses with the same of any College or Educational Establish- lioensed. meiit to which the governing body of such College or
Establishment may consent and for the licensing and supervision of Boarding Houses intended for the recep- tion of students and the revocation of such licenses Provided always that no such statutes shall affect the religious observances or regulations enforced in such Colleges Educational Establishments or Boarding Houses.
b^l?owed°by , -^J- ^'^ ®"°^ statutes and regulations as aforesaid Lieutenant- ^'^'^ "^ reduced to writing and the Common Seal of the Governor, said University having been affixed thereto shall be
ACT OP INCORPORATION. 2 5 s u b m i t t e d t o t h e Lieutenant-Governor t o be allowed
and countersigned b y h i m a n d if so allowed and coun- tersigned shall be binding upon all persons members of t h e said U n i v e r s i t y and upon all candidates for degrees t o be conferred b y t h e same and t h e production of a verified copy of a n y such s t a t u t e s and regulations u n d e r t h e said Seal shall b e sufficient evidence of t h e a u t h e n - ticity of t h e same in all Courts of J u s t i c e .
X . Repealed by the University Act 1881.
X L E v e r y s t u d e n t being an u n d e r g r a d u a t e shall Students during such t e r m s of residence as t h e said University *° ^ ™ may by s t a t u t e appoint dwell w i t h his p a r e n t or guar- ^ ^ ^ g term.
dian or w i t h some n e a r relative or friend selected b y his p a r e n t or g u a r d i a n a n d approved by t h e Chancellor or Vice-Chancellor or in some Collegiate or Educa- tional E s t a b l i s h m e n t affiliated t o or in connection w i t h t h e U n i v e r s i t y or in a Boarding H o u s e licensed as aforesaid.
X I I . N o religious t e s t shall b e administered to any No religious person in order t o entitle him t o be a d m i t t e d as a testtobead- s t u d e n t of t h e said U n i v e r s i t y or t o hold office therein ministered.
or to g r a d u a t e t h e r e a t or t o hold a n y a d v a n t a g e or privilege thereof.
X I I L I t shall be lawful for t h e said L i e u t e n a n t - Endowment.
Governor b y w a r r a n t u n d e r his h a n d addressed t o t h e Public T r e a s u r e r of t h e said Colony t o direct t o be issued and paid o u t of t h e General Revenue t h e sum of N i n e Thousand P o u n d s in every y e a r as a fund for m a i n t a i n i n g t h e said U n i v e r s i t y a n d for defraying t h e several stipends which m a y be appointed to be p a i d t o t h e several Professors Officers and S e n ' a n t s t o be appointed b y such U n i v e r s i t y a n d for defraying t h e expense of such Fellowships Scholarships Prizes a n d Exhibitions as shall be a w a r d e d for t h e encouragement of s t u d e n t s in such U n i v e r s i t y a n d for providing a L i b r a r y for t h e same and for discharging all necessary charges connected w i t h t h e m a n a g e m e n t thereof.
XTV. T h e said Council shall [*during t h e m o n t h of Council to May] in every y e a r r e p o r t t h e proceedings of t h e U n i - report amiu- versity d u r i n g t h e previous y e a r t o t h e Lieutenant- xiJutenant-
. Governor.
* Repealed by the University Act 1881.
Governor and such report shall contain a full account of the income and expenditure of the said University audited in such manner as the Lieutenant-Governor may direct and a copy of every such report and of all the statutes and regulations of the University allowed as aforesaid by the Lieutenant-Governor shall be laid in each year before the Legislative Council.
Lieutenant- XV. The Lieutenant-Governor of the said Colony S'vSt"' *° ^°^. *^® *™^ "'^^"^ ^^^^'^ ^® *^^® Visitor of the said
^^ °^' University and shall have authority to do all things which appertain to Visitors as often as to him shall seem meet.
