5

H.—3a

held examinations and performed other duties within their authority : And whereas the provisions of the said recited Act have not been found sufficient or satisfactory, and it is expedient to repeal the same, and to amend the law made on that behalf: Be it therefore enacted by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows : — 1. This Act may be cited for all purposes as " The New Zealand University Act, 1874." 2. " The New Zealand University Act, 1870," is hereby repealed. 3. All statutes and regulations made by the University created by the University Act, 1870, in force at or immediately before the passing of this Act, shall, until they be altered or repealed, remain in force as statutes and regulations of the University as constituted by this Act; and all engagements entered into, and all business transacted by the University created under the said Act of 1870, shall remain unimpaired, as though the Act of 1870 were not repealed. 4. The body corporate established under the name of "The University of New Zealand," shall, any alteration made by this Act in the constitution of the said body corporate notwithstanding, remain and be the University of New Zealand, and shall be a body politic and corporate by that name, and by that name shall have perpetual succession, and shall have a common seal, that is to say, the Common Seal of the University constituted by the University Act, 1870, 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 buildings hereditaments and possessions as may from time to time be exclusively used and occupied by the said University for its immediate requirements, but also any other lands buildings hereditaments and possessions whatsoever situate in the said Colony or elsewhere, and shall be able and capable in law to grant demise alienate 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 appertaining to a body politic. Any property, real or personal, of which the University as constituted under "The New Zealand University Act, 1870," is seized at the time of the passing of this Act, shall be the property of the University as constituted under this Act: Provided always that until the Convocation of the said University shall have been constituted as herein enacted, the said body politic and corporate shall consist of the Senate to be nominated and appointed by the G-overnor in Council as hereinafter mentioned: Provided further that it shall not be lawful for the said University to alienate mortgage charge or demise any lands tenements or hereditaments of which it shall become seized, or to which it may become entitled by grant purchase or otherwise, unless with the approval of the Governor in Council for the time being, except by way of lease for any term not exceeding twenty-one years for rural lands and sixty years for building land from the time when such lease shall be made, and in and by such lease there shall be the highest rent that can be reasonably obtained for the lands tenements and hereditaments expressed to be thereby demised without fine. 5. The University of New Zealand shall hereafter consist of a Chancellor, a Vice-Chancellor, Fellows, and Graduates. There shall be twenty-four Fellows, including the Chancellor and ViceChancellor. The Fellows shall be appointed, in the first instance, by the Governor in Council. The Graduates shall be the persons on whom the University has conferred or shall hereafter confer degrees. 6. The business of the University shall be conducted by two Courts, the Senate and the Convocation. 7. The Senate shall consist of the twenty-four Fellows aforesaid, and shall elect out of their own body a Chancellor and Vice-Chancellor for such period respectively, not exceeding in either case five years, as the said Senate shall fix and determine ; and whenever a vacancy shall occur in the office of Chancellor or Vice-Chancellor, either by death resignation or expiration of tenure or otherwise, the said Senate shall elect out of their own body a Chancellor or Vice-Chancellor, as the case may be : and all vacancies which shall occur in the said Senate, by death resignation or otherwise, shall be filled as they occur by the election of such persons as the Senate and Convocation alternately shall choose, subject to the approval of the Governor in Council —that is to say, that the Senate shall proceed to fill up by election the first vacancy that may occur, and subsequently every alternate vacancy ; and the Convocation shall proceed to fill up the second vacancy, and every alternate vacancy after the second, as hereinafter provided: Provided always that until a Convocation shall be duly constituted as hereinafter provided, the Senate shall elect Fellows to fill all vacancies by death resignation or otherwise. 8. The following Graduates of the University for the time being shall constitute the Convocation of the University —that is to say, all Graduates above the degree of Bachelor, and all Bachelors of two years' standing ; and the Convocation shall be constituted so soon as the number of Graduates admitted upon examination, and who shall be qualified as aforesaid, shall amount to thirty. 9. A register of the Graduates constituting for the time being the Convocation of the said University, shall be kept by such officer, and in such manner as the Senate of the said University shall from time to time appoint and direct, which register shall be conclusive evidence that any person whose name shall appear thereon at the time of his claiming to vote in Convocation is so entitled to vote. And such Graduates shall pay such reasonable annual fees in that behalf as the Senate shall from time to time direct. 10. The Senate shall have the entire management of and superintendence over the affairs concerns and property of the University ; and in all cases unprovided for in this Act, it shall be lawful for the Senate to act in such manner as shall appear best calculated to promote the purposes intended by the University. And the said Senate shall have full power to make and alter any statutes and regulations touching the examination for degrees, and the granting of the same, and touching the mode and time of convening the meetings of the Senate and the meetings of the Convocation, and in general touching all other matters whatsoever regarding the University, not otherwise especially provided for by this Act. And all such statutes and regulations, when reduced into writing, and after the Common Seal of the University shall be affixed thereto, shall be binding upon all members thereof, and all candidates for degrees to be conferred by the same: Provided always that it shall not be lawful for the said Senate to