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No. 29-1860.

mitted to Governor.

or of the allotment or distribution of sums of money, as prizes to Deed constituting be expended for their purchase: Provided, always, that the deed association to be sub- of partnership or other instrument or instruments constituting such associations, and the rules and regulations relative to the proceedings of such associations for such purposes as aforesaid, shall have first been submitted to the consideration and be approved of by His Excellency the Governor, and a copy thereof deposited in the Colonial Office; and that it shall be expressed in every such deed, or instrument, that it shall be lawful for His Excellency the Governor, whenever it shall appear to him that any such association is perverted from the purposes of this Act, to revoke or annul the deed or instrument under which the associaGovernor may re- tion so offending may have been constituted; and nothing in this voke and annul deed Act contained shall be deemed to apply to any association whose deed of partnership, or other instrument constituting the same, shall have been so revoked or annulled, or to any member, subscriber, or contributor thereto, or to any person acting under his authority or on his behalf.

Act when to commence.

Preamble.

College to be established at Graaff-Reinet,

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2. This Act shall take effect from and after the promulgation thereof.

No. 29-1860.]

ACT

[July 17, 1860.

For Establishing a College at Graaff-Reinet. WHEREAS it is expedient for the advancement of learning in this Colony that a college be established at Graaff-Reinet; and whereas the sum of five thousand pounds has been subscribed, contributed, and advanced by certain inhabitants of Graaff-Reinet and others towards a fund raised for that purpose: Be it enacted by the Governor of the Cape of Good Hope, with the advice and consent of the Legislative Council and House of Assembly, as follows:

1. A college for affording instruction in literature and science and styled shall be forthwith established at Graaff-Reinet, and the same shall Graaff-Reinet Col- be called the Graaff-Reinet College.

lege."

Preparatory school connected with it.

Superintendence and management of

rodege.

Certain

members

of council to be no

be elected.

2. There shall be, as soon as circumstances will permit, a preparatory school in connection with the said college.

3. The general superintendence, management, and direction of the affairs of the college and schools shall be vested in a council of seven members, three of whom shall form a quorum.

4. One of the members of the College Council shall be nominated minated, others to by the Governor, one by the Divisional Council of Graaff-Reinet, and one by the Commissioners of the Municipality of GraaffReinet; the other four shall be elected by the subscribers to the college fund who have respectively contributed not less than twenty-five pounds to that fund.

No. 29-1860.

communicated

to

Proceedings there

5. The Governor, the Divisional Council of Graaff-Reinet and the Commissioners of the municipality of Graaff-Reinet, shall Names of nominatrespectively communicate to the Resident Magistrate of Graaff-ed memes to be Reinet, on or before the second day of August, 1860; the names resident magistrate. of the persons nominated by them to be members of the College upon. Council, and the said Magistrate shall thereupon immediately cause the names of those persons to be posted up in some conspicuous place in front of his office, with a notice that they have been so nominated.

bers of council.

6. A general meeting of all persons who have contributed Election of memtwenty-five pounds or upwards to the said College fund shall be held before the Resident Magistrate of Graaff-Reinet, in his Courtroom, on the 11th day of August, 1860, at ten o'clock in the forenoon, for the election of the four elective members of the College Council, and every such contributor present at the said meeting shall be entitled to one vote for every member of the said council to be elected, and the election shall be by ballot, and the four persons who shall have the greatest number of votes shall be declared duly elected.

office.

7. The seven persons nominated and elected as in the preceding How long to hold sections prescribed shall hold office as members of the GraaffReinet College Council until the 31st day of December, 1863.

of

nominated members

8. Within the first week of December of the year 1863, and of Appointment every subsequent third year, the Governor, the Divisional Council every third year. of Graaff-Reinet, and the Commissioners of the Municipality of Graaff-Reinet, shall respectively communicate to the College Council the names of the persons nominated by them as members of the said council for the next ensuing three years, which names the said Council shall thereupon cause to be posted up in some conspicuous place within the municipality, with a notice that those persons have been so nominated.

how to be chosen.

9. A general meeting of the registered holders of the certificates, Elected members in the eleventh section of this Act mentioned shall be held in the college building on some day between the 15th and 25th December of the year 1863, and of every subsequent third year, for the purpose of electing four members of the College Council to serve for the next ensuing period of three years, and the said meetings shall be called by the College Council by notice published in the Government Gazette and in one of the local newspapers not more than thirty nor less than twenty days before the day appointed for such meeting.

chairman.

10. At the first meeting of the College Council after every Council to elect general election, the members shall elect one of their number to be their chairman.

certificates to certain

11. As soon as may be after the first election of the College Council to issue Council the said council shall issue to every person who shall have contributors to colcontributed the sum of twenty-five pounds or upwards to the lege fund. college fund, a certificate signed by the chairman and the secretary

No. 29-1800.

Certificates trensferable Holders en

Council.

of the council to that effect, and such certificate shall be numbered and registered in a book to be kept by the council for that purpose; and a similar certificate shall in like manner thereafter be issued to every other person who shall subscribe and contribute twentyfive pounds or upwards to the college.fund.

12. Every such certificate shall be transferable upon payment titled to vote for of a fee of ten pounds to the college fund; and every transfer members of college made shall be registered in the register of certificates kept by the council and shall be endorsed, under the signature of the chairman and the secretary of the council, on the certificate transferred; and every person in whose name any such certificate shall stand registered at the time of any election of members of the council, and who shall be personally present, shall be entitled to one vote. for every member to be elected.

What to constitute vacation of seat in council.

How to proceed in Pine of vacancies occurring.

Votes by proxy.

Members vacating office re-eligible.

Council to administer existing and

lege.

13. Any member of the College Council who shall be absent from the meetings of the council during six consecutive months, except with leave of the council, or who shall become incapacitated by mental or bodily infirmity, shall, ipso facto, vacate his office.

14. Whenever any member of the College Council shall die or resign, or shall otherwise vacate office before the period for which he was nominated or elected shall have expired, a nomination orelection, as the case may be, of a new member, shall immediately take place, as nearly as may be in the same manner as prescribed with regard to general triennial nominations and elections, and the person then nominated or elected shall hold office only during the unexpired period of the term for which the person in whose room he is nominated or elected had been nominated or elected.

15. At all elections of members of the College Council after the first, every registered holder of a certificate such as in the eleventh section of this Act mentioned, who shall reside at a greater distance than fifteen miles from Graaff-Reinet, and every female holder of such a certificate shall be entitled to vote by proxy, which proxy shall be in following form:

I,

do hereby authorise and appoint

to vote for me at all elections of members of the Graaff-Reinet College Council.

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(Signature).

16. Any member of the College Council who shall vacate office, otherwise than from mental or bodily infirmity, shall be eligible for re-nomination and re-election.

17. The Graaff-Reinet College fund already existing and all future funds of col- moneys, assets, and other property, personal or real, of every nature and description whatsoever, now belonging and which shall hereafter accrue or become due and payable to the Graaff-Reinet College, shall be vested in and administered by the College Council for the purposes of the said college.

No. 29-1860. College fund how

18. The Graaff-Reinet College fund, to the amount of five thousand pounds, shall be invested by the College Council on interest on good and sufficient security, and shall not be otherwise to be invested. appropriated, except with the consent of three-fourths of the registered holders of the certificates in the eleventh section of the Act mentioned, given in writing at some meeting of such holders of certificates held for that purpose, upon a notice of not more than thirty and not less than twenty days, published in the Government Gazette and some local newspaper, but the interest may be used towards the payment of salaries and other necessary expenses incurred on behalf of the said college.

Council to provide

buildings and other requisites.

Toappoint profes

sors and teachers and

regulate fees.

19. The College Council shall provide the necessary buildings, apartments, and other requisites for the college and school. 20. The College Council shall appoint the professors and teachers required for the college and school from time to time, on such terms and at such salaries as the said council shall find expedient, and shall regulate and fix the fees to be paid by the students and scholars, and how the same shall be appropriated. 21. The College Council shall appoint a secretary and treasurer, Secretary and treaand such other officers as shall be deemed necessary, on such terms ed. and with such instructions as the said council shall deem expedient.

surer to be appoint

22. The College Council shall, from time to time, frame such Council to frame rules and bye-laws for their own guidance, and for the better rules and regulations regulation of the affairs of the college and school, as the said council shall find expedient, and all such rules and by-laws shall be in force and have effect until cancelled by the said council, provided the same be not repugnant to any of the provisions of this Act.

Annual statement

Parliament

in

23. The College Council shall cause true and correct records to Records of proceedbe kept of all its proceedings, and true and correct accounts of all ings to be kept. moneys received and paid on behalf and account of the college of revenue and exand school, and shall, in the month of January, in each year, pero penditure to be laid transmit to the Colonial Secretary, for the information of the and published Governor and of Parliament, a statement of the revenue and expenditure during the preceding year, and a general report of the state and affairs of the college and school; and shall cause a copy of the said report and of the account of revenue and expenditure to be published in the Government Gazette.

Gazette.

to be constituted.

24. Two of the members of the College Council, nominated, How college senate thereto by the council, shall, together with the professors of the college and the principal teacher of the preparatory school, form a senate, in which shall be vested the superintendence and regulation of the discipline and instruction of the several departments and classes of the college and school.

25. The council and senate jointly shall determine what subjects shall be taught and what books shall be used in the college and school, what departments shall be taken by each professor, and the hours during which instructions shall be given, and shall also make

Council and senate

to determine subjects to be taught and ar

rangement of college

departments.

No. 30-1860.

arrangements for periodical public examinations, of which there shall be at least one in every year. Both in the college and in the Holy Scriptures to preparatory school a portion of each day shall be devoted to be read daily. reading the Holy Scriptures.

half of students to

Complaints on be- 26. All complaints against or on the part or on behalf of the be made in first in- students or scholars, shall, in the first instance, be made to and senate, decided upon by the senate, subject to appeal to the council, whose decision shall be final.

stance to

Appeal thence to council.

Governor may ap

27. The Governor shall have the power to admit to the college

point free students. five free students.

Annual grant from

treasury.

Proceedings at law

to be in the name of the secretary.

Preamble.

Bishop of Cape

28. The sum of four hundred pounds per annum shall be paid to the council of the Graaff-Reinet College, from the Public Treasury of the Colony, in monthly instalments, payable at the end of each month, the receipts for which shall be signed by the secretary to the said council. (1)

29. All actions and other proceedings at law, to be instituted by or against the council of the Graaff-Reinet College, shall be so instituted and proceeded in by or against the secretary to the said council for the time being.

No 30-1860.]

ACT

[July 17, 1860.

To enable the Bishops of Cape Town and Graham's Town, respectively, to alienate, under certain conditions and restrictions, Property vested in their respective Sees.

WHEREAS, before the separation of the diocese of Graham's Town from the diocese of Cape Town, certain immovable property lying and being within what is now the diocese of Graham's Town became vested in the Bishop of Cape Town and his successors: And whereas it is fitting that the Bishop of Cape Town should be enabled to transfer such property to the Bishop of Graham's Town and his successors, and that both and each of the said Bishops should be enabled to alienate, under certain conditions and restrictions, properties vested in their respective sees: And whereas doubts exist whether any such alienations as aforesaid can legally be made by the Bishops of Cape Town and Graham's Town for the time being, and it is expedient to remove such doubts by empowering the said Bishops for the time being to effect such alienations: Be it enacted by the Governor of the Colony of the Cape of Good Hope, with the advice and consent of the Legislative Council and House of Assembly of the said Colony as follows:

1. It shall be lawful for the Bishop of Cape Town for the time to Bishop of Gra- being to transfer to the Bishop of Graham's Town for the time

Town may transfer

ham's Town, lands

within the diocese of

the latter.

1 See § 2, Act No. 24, 1874.

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