New Bills.

New Zealand Mail, Issue 385, 28 June 1879, Page 6

New Bills.

HOSPITALS AND CHARITABLE INSTITUTK)NS BILL. I lie following Bflj } iafs been prepared by the lion. Mr. Bailance : 1. The s-ho.-t t tie of this Act. shall be the Ho-pitals and Charitable- Institutions Act, 1879. ' 2. Every enactment previously in force relating to the nfbninbtration of the affairs of any hospital or institution brought under the operation of this Act shall be repeak'd from and after the date of the coming into effect of the Order in Conned bringing this Act into operation in respect thereto respectively ; but this repeal shall not affect any enactment * relating to the administration of nuv lands or endowment* belonging to such, hospital or institution.

3. (Definition of words and. exnressi-.ns u- rl in the Bill.)

CONTKI BUTOUI ES —COM M IT TEES —ELECTIONS.

I- Any person who shall pay £lO in one conation to any hospital institution shall tncreby become a life member thereof • and any person who, at any time heretofore, may have paid a like sum m one; donation to any hospital or institution of a like n ituco, existing at the time of the passing of this Act, that may be brought under the operation of this Act, or be merged with an hospital or institution established under this Act, shall, by reason of such former donation, be or continue to be, a life member of t!ie hospitals or institutions respect) vely last-named.

5. Any person who shall pay a subscription ol not less than £1 in an v one year to a hospital or institution shaii be denned to be a contributor thereto for the purposes of this A.ct ; but no person shall be qualified to vote at any election under the Act, unless he shall have been a contributor for at least six months last previous to the time of such election.

6. No person shall lie qualified to be elected to the committee of any hospital or institution, unless he is a life member thereof, or has beeu at the time of election a contributor thereto, aud has paid his subscription for the current year.

7. Except iu cases where the local body does not delegate its powers, as hereinafter mentioned, every hospital aud institution under this Act shall be managed by a committee of not less than six nor more than nine persons, to be elected by the local body, if any, and by the contributory bodies and contributors in proportion to their respective contributions.

3. The time for holding the first election of any committee shall be fixed by the Governor, who shall also appoint the number of persons the first committee shall consist of.

0. The mode of conducting the first election of a committee shall be regulated by the local body, if any ; and in cases where there is no such body, then—(l.) Any contributory body to the hospital or institution, or any ten more contributors thereto, may convene a public meeting of the contributors, by advertisement iu some newspaper having general circulation in the neighborhood thereof at least two weeks previous to such meeting, for the purpose of electing the first committee. (2.) Every such meeting shall choose its own chairman, who shall have a vote only in the event of there being an equality of votes ; and every question submitt d to such meeting shall be decided by a majority of the votes of the contributors then present ; and the state of the votes shall be ascertained by a show of hands, or in such other manner as to the chairman shall seem expedient, and he shall declare the state of the votes to the meeting, and the persons having the largest number of votes shall be elected.

10. The local body, or, where there is noue, the committee, may from time to time make, alter, or resciud by-laws, not being contrary to the provisions of this Act, for appointing the number of the committee, and for regulating the conduct of elections, for determining the number of votes of contributors in proportion to the amount of their contributions, and for determining the validity of disputed elections.

11. Every member of the committee shall come into office on his election, and shall hold office until the election of his successor.

12. On the third Wednesday in the month of January, one thousand eight hundred and eighty, aud on the same day in each year thereafter, the members of committee shall go out of office, but may nevertheless be reelected.

13. On the third Wednesday in the month of January, one thousand eight hundred and eighty, aud on the same day >t each year thereafter, the local body (if any ), the contributory bodies, aud contributors respective!\, shall, in conformity with the provisions of any by-law or regulation made in that behalf, elect members of committee to fill the vacancies caused by the retirement of the committee under the last preceding clause. 1-1. If any election appointed to be held hereunder has not been held on the dav appointed, it shall be lawful for the Governor, from time to time, by notification in some newspaper circulating in the neighborhood of the hospital or institution, to appoint a day for holding such election. 15. If any member of a committee shall die, or resign by letter under his hand addressed to the secretary of the hospital or institution, or become insolvent, or compound with his creditors, or be convicted of any treason, felony, or misdemeanor, or shall be absent from four consecutive meetings of the committee without leave of absence, or shall fail to pay his annual contribution as herein required, his office shall become vacant, and the r -muiniug members of the committee may appoint some contributor to supply the vacancy until tho next annual meeting for the election of a committee.

IG. The committee shall, at their first meeting. and thereafter at the annual meeting to

bu held on tin; fourth Wednesday in January in every year, elect from then own nunilici a chairman. 17. Thu committee shall nDo make regulations for the comluct of tneir proceeding.', .uul for fixing the numliev of members of a committee to form a ([liorum, and may from time to time appoint ami employ ouch officers ami servants as they think necessary, and may remove anv such officers and servants. INSTITUTIONS VESTED IN I.OC.\L BODIES. 18. The Governor may, upon the request of a local hodv, transfer to such local the control of any hospital or charitable institution and shall by Order in Council, to he published in the Gazette, notify that the hospitaler charitable institution to which such transfer relates, has been brought under the operation of this Act, and any such order shall signify the local body in whom the control of such hospital or institution shall thenceforth bu vested, and every such order shall notify the date when tfie same is to take effect. 19. From anil after the date of the coming into effect of any such order, all real and personal propel ty belonging at that date to such hospital or institution, or held by or vested in any persons in trust for or on behalf thereof respectively, shall vest in and belong to the local body named in such order, without further assurance or transfer, and all persons in whom any such property was previously vested shall ho thenceforth divested and discharged from all trust and custody thereof respectively or in relation thereto. Provided always that nothing herein shall discharge any trustee or any other person from any personal liability or penalty incurred by him in respect of any misfeasance or misconduct on his part, but he shall continue liable for the same as it this Act had not been passed. 20. The local body may by resolution delegate the administration of the affairs or any hospital or institution under its control to a. committee, to lie appointed under the provisions of this Act.

21. The local body, or the committee, may from time make rules for the management and discipline of the hospital or institution nndor their charge, and may provide by such rules for the forfeiture of any penalty not exceeding five pounds for the breach or non-observance of any such rule. A written or printed copy of rules purporting to be the rules of any hospital or institution, signed by the chairman of the local body, shall be evidence of such rules respectively. 22. The local body may make any general or special agreements with any neighboring local bodies or persons in relation to the maintenance and support of any hospital or institution, and with the aforesaid local bodies may jointly define, and from time to time alter, the definition <>f hospital districts for the purposes of this Act. INSTITUTIONS VKSTKI) IN VOLUNTARY ASSOCIATIONS. 23. Where at any time a voluntary association has been formed of not less than fifty persons, each of whom shall have paid not less than one pound per annum during two consecutive years, or ten pounds in one donation, for the purpose of effecting tlio relief of diseased, aged, infirm, incurable, or destitute persons, or the maintenance of any institution established or to be established for any such object, the members of such association, whether previously incorporated or not, may petition the Governor that they may become incorporated under this Act. 24. It shall he lawful for the Governor in Council, on the receipt of a petition signed by not less than twenty of the said persons praying that such association may he so incorporated, to cause the substance or prayer of such petition to he published in the Gazette, and if no counter petition signed by an equal or greater number of contributors is delivered at the oflice of the Colonial Secretary within one month after the date of such publication, the Governor in Council may declare the contributors for the time being to such association to he, and they shall thereupon become, a body politic and corporate as an institution, by the st.vle and title named in the Order in Council, aiid shall have perpetual succession and a common seal, and shall have all the powers, functions, and liabilities incident to corporations. Every such order shall state therein the date at which it shall (alee effect. 25- After such Order in Oouucil aforesaid, all previous and preliminary steps and proceedings as hereinbefore required shall ho deemed to have been duly and properly taken, and no objection whatever shall ho taken to the incorporation of such contributors, but they sh.dl under all circumstances be deemed to be duly and legally incorporated within the meaning of this Act whether it shall have been complied with or not. 26. The committee may from time to time make rules for the management and discipline of the hospital or institution under their charge, and may provide by sucli rules for the forfeiture of any penalty not exceeding five pounds for the broach or non-observance of any such rule. A written or printed copy of rules purporting to he tho rules of any hospital or institution, signed by tho chairman of the committee, shall be evidence of such rules respectively. GENERAL PROVISIONS. 27. Every person maintained in or who is in the receipt of relief from any hospital or institution, whether either of the same be supported who!!s' or partly only by public moneys, shall he liable to contribute towards the same respectively, according to bis means, any sum not exceeding twenty shillings per week ; and the committee of the hospital or institution, or anv person authorised bv them respectively in that behalf, is hereby authorised to ;am for and may recover tlm same, a ■ a uehfc *bv ; 1.1; • commute..; from tlm pors-m " < m quinine 1 in or in ix c; ipt of react fmm sucu 1. ' ; pi : nJ or institution. 28. Every person maintained in or who is in the receipt of relief from any hospital or institution as last aforesaid, who has not sufficient moans to pav for the same respectively shall he deemed to lie a destitute person within the meaning of too Destitute Persons Act, 3 67/,

and the provisions of the said Act shall apply accordingly.

29. For the purposes of this Act in relation to the maintenance of persons in any hospital or institution, r.r receiving relief therefrom, the public trustee shall bo deemed to he a near relative of any such persons aforesaid respectively, in the place of their actual near relative who shall have died intestate, and he is hereby authorised and shall contribute out of the estate in his hands of any such intestate person, towards the maintenance of the aforesaid persons respectively, in tho same manner in all respects as the person so dying intestate would have been liable to contribute had he been alive. 30. Out of any moneys voted by the General Assembly in that behalf there may be issued and paid to each hospital or institution during the financial year a sum not exceeding £1 for every pound of subscriptions, receipts, or donations, received by such hospital or institution, exclusive of receipts from the proceeds of lands and endowments. The maximum sum to be paid from tho Consolidated Fund towards the support of any such hospital or institution shall not exceed a payment in any one year of one-half the remaining net cost of maintaining the same respectively after there is deducted from the gross cost of such maintenance the proceeds received in sucli year of all lands and endowments belonging to such hospital or institution respectively. 31. The accounts of every hospital or institution shall be audited once at least in every year by an auditor to be appointed bv the Governor from time to time for that purpose, who for the purposes of such audit, shall have all the powers conferred by any law now or hereafter to be in force respecting the audit of the accounts of county councils and the control and audit of the public moneys and accounts. The Governor may from time to time make regulations for the proper keeping of such accounts, and tho due furnishing of returns relating thereto, in manner as he shall direct. 32. All notices fo any officer of or contributor to any hospital or institution, which by the laws or rules thereof are required to be given, may ho served by the same being transmitted through the post, directed according to an address to he left for that purpose by such officer or contributor in writing under his hand, with the secretary of the hospital or institution in such time as to admit of thuir delivery in the due course of post at or before the expiration of the time limited by the aforesaid laws or rules, as the case may he, for the giving of such notices. 33. In proving such service as aforesaid, it shall ho sufficient to prove that such notice was so directed as aforesaid and put into a post office in such time as aforesaid, hut so nevertheless that nothing in this Act contained shall ho held to render invalid any personal service of any notice, or to render necessary to the effectual service of any notice any further acr, matter, or thing than would have been required for tho service thereof by the laws or rules for the time being of the institution which the same shall concern if this Act had not been passed. 34. No notice of any intended meeting or election shall he required to he served either by post or otherwise on any officer or contributor to any such hospital or institution as last aforesaid ivho shall not have left an address in the manner, at the place, and for the purpose hereinbefore mentioned, anything in any such laws or rules to the contrary notwithstanding.

35. Any notice may he served on the committee of auj' institution by being delivered to any one of them personally, or by being sent by post or otherwise in a letter addressed to the secretary of such hospital or institution. 36. No summons, notice, or order ma-3e for tho purpose of carrying into effect the provisions of this Act shall he invalidated for want of form only.'

37. All penalties under this Act may he recovered in a summary manner by the committee of any hospital or institution respectively, or by any person authorised by them in that behalf.