An Act to consolidate certain Enactments of the General Assembly relating to the New Zealand Institute.

Be it enacted by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:–

1. (1.) The Short Title of this Act is the New Zealand Institute Act, 1908.

(2.) This Act is a consolidation of the enactments mentioned in the Schedule hereto, and with respect to those enactments the following provisions shall apply:–

2. (1.) The body now known as the New Zealand Institute (hereinafter referred to as “the Institute”) shall consist of the Auckland Institute, the Wellington Philosophical Society, the Philosophical Institute of Canterbury, the Otago Institute, the Hawke's Bay Philosophical Institute, the Nelson Institute, the Westland Institute, the Southland Institute, and such others as heretofore have been or may hereafter be incorporated therewith in accordance with regulations heretofore made or hereafter to be made by the Board of Governors.

(2.) Members of the above-named incorporated societies shall be ipso facto members of the Institute.

pointed the member whose place has become vacant, and if not filled within that time the vacancy shall be filled by the Board.

(2.) Any person appointed to fill a casual vacancy shall only hold office for such period as his predecessor would have held office under this Act.

8. (1.) Annual meetings of the Board shall be held in the month of January in each year, the date and place of such annual meeting to be fixed at the previous annual meeting.

(2.) The Board may meet during the year at such other times and places as it deems necessary.

(3.) At each annual meeting the President shall present to the meeting a report of the work of the Institute for the year preceding, and a balance-sheet, duly audited, of all sums received and paid on behalf of the Institute.

9. The Board may from time to time, as it sees fit, make arrangements for the holding of general meetings of members of the Institute, at times and places to be arranged, for the reading of scientific papers, the delivery of lectures, and for the general promotion of science in New Zealand by any means that may appear desirable.

10. The Minister of Finance shall from time to time, without further appropriation than this Act, pay to the Board the sum of five hundred pounds in each financial year, to be applied in or towards payment of the general current expenses of the Institute.

11. Forthwith upon the making of any regulations or the publication of any Transactions, the Board shall transmit a copy thereof to the Minister of Internal Affairs, who shall lay the same before Parliament if sitting, or if not, then within twenty days after the commencement of the next ensuing session thereof.

Schedule.

Enactments consolidated.

1903, No. 48. The New Zealand Institute Act, 1903.

An Act to amend the New Zealand Institute Act, 1908.

[30th July, 1920.

Be it 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 as the New Zealand Institute Amendment Act, 1920, and shall be read together with and deemed part of the New Zealand Institute Act, 1908.

2. Section ten of the New Zealand Institute Act, 1908, is hereby amended by omitting the words “five hundred pounds,” and substituting the words “one thousand pounds.”

Form the Finance Act, 1925, No. 51.

7. (1.) The Minister of Finance shall, without further authority than this section, pay to the Board of Governors of the New Zealand

Institute the sum of one thousand five hundred pounds in each financial year, commencing with the year beginning on the first day of April, nineteen hundred and twenty-five, to be applied in or towards payment of the general expenses of the Institute.

(2.) This section is in substitution for section ten of the New Zealand Institute Act, 1908, and that section and the New Zealand Institute Amendment Act, 1920, are hereby repealed.

The following are the regulations of the New Zealand Institute under the Act of 1903:—^*

The word “Institute” used in the following regulations means the New Zealand Institute as constituted by the New Zealand Institute Act, 1903.

Incorporation of Societies.

1. No society shall be incorporated with the Institute under the provisions of the New Zealand Institute Act, 1903, unless such society shall consist of not less than twenty-five members, subscribing in the aggregate a sum of not less than £25 sterling annually for the promotion of art, science, or such other branch of knowledge for which, it is associated, to be from time to time certified to the satisfaction of the Board of Governors of the Institute by the President for the time being of the society.

2. Any society incorporated as aforesaid shall cease to be incorporated with the Institute in case the number of the members of the said society shall at any time become less than twenty-five, or the amount of money annually subscribed by such members shall at any time be less than £25.

3. The by-laws of every society to be incorporated as aforesaid shall provide for the expenditure of not less than one-third of the annual revenue in or towards the formation or support of some local public museum or library, or otherwise shall provide for the contribution of not less than one-sixth of its said revenue towards the extension and maintenance of the New Zealand Institute.

4. Any society incorporated as aforesaid which shall in any one year fail to expend the proportion of revenue specified in Regulation No. 3 aforesaid in manner provided shall from henceforth cease to be incorporated with the Institute.

Publications.

5. All papers read before any society for the time being incorporated with the Institute shall be deemed to be communications to the Institute, and then may be published as Proceedings or Transactions of the Institute, subject to the following regulations of the Board of the Institute regarding publications:—

Subsection (e) shall be rescinded, and the following inserted:—

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There are vacancies to be filled. Place a cross in the column marked × against the name of each candidate for whom you wish to vote. The vote will be invalid if—

Amendment to Regulations.

Regulation 5 (a) of the regulations published in the New Zealand Gazette on the 14th July, 1904, is hereby amended to read:—

“(a.) The publications of the Institute shall consist of—

“(1.) Such current abstract of the proceedings of the societies for the time being incorporated with the Institute as the Board of Governors deems desirable;

“(2.) And of transactions comprising papers read before the incorporated societies or any general meeting of the New Zealand Institute (subject, however, to selection as hereinafter mentioned), and of such other matter as the Board of Governors shall from time to time for special reasons in each case determine to publish, to be intituled Transactions of the New Zealand Institute.”

The following additional regulations, made at various times by the Board of Governors under the New Zealand Institute Act, 1908. were adopted at a general meeting of the Board held on the 30th January, 1923, and published in the New Zealand Gazette of the 28th May, 1925.

Board of Governors.

Members of the Board of Governors shall not hold any paid office under the Board.

General Regulations.

The President shall be ex officio a member of all committees.

The Hon. Editor shall be convener of the Publications Committee.

The seal of the old Institute bearing the date of establishment as 1867 shall be adopted as the seal of the New Zealand Institute reconstituted by the New Zealand Institute Act, 1903, and continued by the New Zealand Institute Act, 1908.

An abstract of all business transacted at each meeting of the Standing Committee shall be prepared and communicated to all members of the Board after each meeting.

The quorum of the Standing Committee meetings shall be four.

Endowment Fund.

A fund to be called an “Endowment Fund” shall be set up, the interest on which for any year may be spent for purposes of the Institute, but the capital may not be spent.

All interest accruing from moneys deposited in the Institute's General Account in the Post Office Savings-bank shall be credited to the Endowment Fund, unless otherwise allocated by the Board at the annual meeting at which the amount of the annual interest is reported.

Trust Accounts.

Trust-moneys — namely, the Carter, Hector, Hutton, and Hamilton Funds—shall, when deposited in the Post Office Savings-bank, be placed in separate accounts for each trust.

From the Science and Art Act, 1913, No. 22.

8. (1.) There shall be a Board styled “The Board of Science and Art,” consisting of—

• The Minister of Internal Affairs.

• The Director of the Dominion Museum:

• The President of the New Zealand Institute:—

• Five persons to be appointed by the Governor-General in Council, each of whom shall hold office for three years from the date of his appointment.

(2.) The Board shall sit in the City of Wellington at such times and places as shall be appointed from time to time by the Minister.

(3.) Three of the members shall form a quorum.

(4.) At all meetings of the Board the Minister, if present, shall be the Chairman, and in his absence some member of the Board appointed by him in writing shall be Chairman.

(5.) The Chairman shall have a deliberative vote, and in all cases of equality of votes shall have a casting-vote.

(6.) The President of the New Zealand Institute may appoint in writing a deputy, being a Governor of the New Zealand Institute, to attend and act at any meeting of the Board in his place; and such deputy, while so attending, shall be deemed to be a member of the Board.

From the Tongariro National Park Act, 1922, No. 31.

5. (1.) The park shall be controlled and managed by a Board constituted as hereinafter provided.

(2.) The Board shall be a body corporate under the name of the Tongariro National Park Board, with perpetual succession and a common seal, and shall be capable of holding real and personal property and of doing and suffering all that bodies corporate may lawfully do or suffer.

(3.) The Board shall consist of the following persons:—

8. (1.) The first ordinary meeting of the Board shall be held at such time and place as the Minister appoints, and subsequent ordinary meetings shall be held at such times and places as the Board appoints.

(2.) Special meetings of the Board may be called at any time by the Chairman, and he shall call one whenever any three members so request in writing.

From the Tongariro National Park Amendment Act, 1927, No. 46.

Subsection three of section five of the principal Act is hereby amended by repealing paragraph (h) thereof, and substituting the following paragraph:—

“(h) One member to be appointed by the Board of Governors of the New Zealand Institute, who shall hold office for three years from the date of his appointment, or until the appointment of his successor, and shall be eligible for reappointment.”

Declaration of Trust.

This deed, made the fifteenth day of February, one thousand nine hundred and nine (1909), between the New Zealand Institute of the one part, and the Public Trustee of the other part: Whereas the New Zealand Institute is possessed of a fund consisting now of the sum of five hundred and fifty-five pounds one shilling (£555 1s.), held for the purposes of the Hutton Memorial Medal and Research Fund on the terms of the rules and regulations made by the Governors of the said Institute, a copy whereof is hereto annexed: And whereas the said money has been transferred to the Public Trustee for the purposes of investment, and the Public Trustee now holds the same for such purposes, and it is expedient to declare the trusts upon which the same is held by the Public Trustee:

Now this deed witnesseth that the Public Trustee shall hold the said moneys and all other moneys which shall be handed to him by the said Governors for the same purposes upon trust from time to time to invest the same upon such securities as are lawful for the Public Trustee to invest on, and to hold the principal and income thereof for the purposes set out in the said rules hereto attached.

And it is hereby declared that it shall be lawful for the Public Trustee to pay all or any of the said moneys, both principal and interest, to the Treasurer of the said New Zealand Institute upon being directed so to do by a resolution of the Governors of the said Institute, and a letter signed by the Secretary of the said Institute enclosing a copy of such resolution certified by him and by the President as correct shall be sufficient evidence to the Public Trustee of the due passing of such resolution: And upon receipt of such letter and copy the receipt of the Treasurer for the time being of the said Institute shall be a sufficient discharge to the Public Trustee: And in no case shall the Public Trustee be concerned to inquire into the administration of the said moneys by the Governors of the said Institute.

As witness the seals of the said parties hereto, the day and year hereinbefore written.

Grant from the Hutton Memorial Research Fund.

1919. Miss M. K. Mestayer £10, for work on the New Zealand Mollusca.

1923. Professor P. Marshall, M.A., D.Sc., F.N.Z. Inst.—£40, for study of Upper Cretaceous ammonites of New Zealand.

1927. Miss M. K. Mestayer £30, for research on Brachiopoda and Mollusca.

1928. Dr. C. Chilton £50, for research on New Zealand and Antarctic Crustacea.

1928. Mr. J. H. Findlay £10, for research on New Zealand Mollusca.

Declaration of Trust.

This deed, made the thirty-first day of July, one thousand nine hundred and fourteen, between the New Zealand Institute, a body corporate duly incorporated by the New Zealand Institute Act, 1908, of the one part, and the Public Trustee of the other part; Whereas by a declaration of trust dated the twenty-seventh day of January, one thousand nine hundred and twelve, after reciting that the New Zealand Institute was possessed of a fund consisting of the sum of £1,045 10s. 2d., held for the purposes of the Hector Memorial Research Fund on the terms of the rules and regulations therein mentioned, which said moneys had been handed to the Public Trustee for investment, it was declared (inter alia) that the Public Trustee should hold the said moneys and all other moneys which should be handed to him by the said Governors of the Institute for the same purpose upon trust from time to time, to invest the same in the common fund of the Public Trust Office, and to hold the principal and income thereof for the purposes set out in the said rules and regulations in the said deed set forth: And whereas the said rules and regulations have been amended by the Governors of the New Zealand Institute, and as amended are hereinafter set forth: And whereas it is expedient to declare that the said moneys are held by the Public Trustee upon the trusts declared by the said deed of trust and for the purposes set forth in the said rules and regulations as amended as aforesaid.

Now this deed witnesseth and it is hereby declared that the Public Trustee shall hold the said moneys and all other moneys which shall be handed to him by the said Governors for the same purpose upon trust from time to time to invest the same in the common fund of the Public Trust Office, and to hold the principal and income thereof for the purposes set out in the said rules and regulations hereinafter set forth:

And it is hereby declared that it shall be lawful for the Public Trustee to pay, and he shall pay, all or any of the said moneys, both principal and interest, to the Treasurer of the said New Zealand Institute upon being directed to do so by a resolution of the Governors of the said Institute, and a letter signed by the Secretary of the said Institute enclosing a copy of such resolution certified by him and by the President as correct shall be sufficient evidence to the Public

Award of the Hamilton Memorial Prize.

1923. J. G. Myers, M.Sc.

1926. H. J. Finlay, M.Sc.; J. Marwick, M.A., D.Sc.

Extracts From The Will Of Charles Rooking Carter.

This is the last will and testament of me, Charles Rooking Carter, of Wellington, in the Colony of New Zealand, gentleman.

I revoke all wills and testamentary dispositions heretofore made by me, and declare this to be my last will and testament.

I give to the Colonial Museum in Wellington the large framed photographs of the members of the General Assembly in the House of Representatives in the year 1860, and the framed pencil sketch of the old House of Commons, and the framed invitation-card to the Lord Mayor's dinner.

As regards the following books, of which I am the author, and which are now stored in three boxes—namely, (1) “The Life and Recollections of a New Zealand Colonist,” (2) “A Historical Sketch of New Zealand Loans,” and (3) “Round the World Leisurely”—I direct that my executor shall retain possession of the same for a period of seven years, commencing from the date of my death, and that at the end of such period my executor shall place the same in the hands of Messrs. Whitcombe and Tombs (Limited) or some other capable and responsible booksellers in the City of Wellington, for sale, and so that the same shall be sold at such a price as will yield to my estate not less than six shillings per volume in respect of the first-named and second-named, and two shillings and sixpence in respect of the last-named works; and I further authorize my executor to sell and dispose of the copyright or right to reprint such works; and I direct that the moneys to be derived from the sale of such works and the privileges connected therewith shall be added to the sum provided for the purchase of a telescope as hereinafter mentioned.

I direct my executor to subscribe the sum of fifty pounds towards the erection of a suitable brick room in which to house the priceless collection of books on New Zealand some time since given by me to the Colonial Museum and the New Zealand Institute.

I give and devise unto the Public Trustee appointed under and in pursuance of an Act of the General Assembly of New Zealand intituled the Public Trust Office Act, 1894 (hereinafter called “my trustee”), all the rest, residue, and remainder of my property whatsoever and wheresoever situate, both real and personal, and whether in possession, reversion, expectancy, or remainder, upon trust, as to my freehold property at East Taratahi, containing by admeasurement two thousand one hundred and seventy-two acres, and being and comprising the whole of the land included in certificate of title,