Napier Athenaeum and Mechanics Institute Incorporation Act 1876

Napier Athenaeum and Mechanics Institute Incorporation Act 1876

Public Act1876 No 31
Date of assent14 October 1876

An Act to incorporate the Members of an Association in the Town of Napier, known as The Napier Athenaeum and Mechanics' Institute, and to vest in such Association certain Land in the Town of Napier as a site for a Mechanics' Institute, and other real and personal Estate.

  • Preamble

    [Repealed]

    The preamble was repealed, as from 19 November 1907, by section 2 Statutes Repeal Act 1907 (1907 No 40).

BE IT THEREFORE ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:—

1 Short Title
  • The Short Title of this Act shall be The Napier Athenaeum and Mechanics' Institute Incorporation Act 1876.

2 Incorporation of members by name of Napier Athenaeum and Mechanics' Institute, and powers of body corporate
  • The members of the association in the Town of Napier known as the Napier Athenaeum and Mechanics' Institute, and all such other persons as shall hereafter become members of such association, shall be and they are hereby constituted a body corporate by the name of The Napier Athenaeum and Mechanics' Institute, and by such name shall have perpetual succession and a common seal; and shall have power to make revoke and vary rules and regulations, for making breaking or altering its seal and for the custody thereof, for the time and mode of convening meetings and committees, and for determining the number to be a quorum at any such meetings and who shall preside thereat, and also for the conduct of any business at such meetings, and for directing and appointing committees of its members, and for giving the management of all or any part of its affairs to any such committees, and for determining what contribution either annual or for life or otherwise shall constitute any person a member, and for requiring that persons desiring to be members shall first be approved by the body corporate or by a committee thereof, and for providing that in certain cases of default or misconduct any person shall cease to be a member, and for providing in any other manner or respect whatsoever not inconsistent with the provisions of this Act for the management and regulation of the affairs property and concerns of the said corporate body; and the said corporate body shall have power to acquire accept and hold property real and personal.

    Section 2 was amended, as from 19 November 1907, by section 2 Statutes Repeal Act 1907 (1907 No 40) by omitting the words persons who at the time of this Act coming into operation shall be.

3 Objects and purposes of body corporate
  • The objects and purposes of the body corporate shall be to aid and promote public education and moral and intellectual improvement, and the general study and cultivation of the various branches and departments of art science and literature, by means of libraries lectures classes or in any similar manner, and to provide funds for such purposes, but the members of such body corporate shall not derive any personal pecuniary profit therefrom.

4 First meeting when to be held, and proceedings thereat
  • [Repealed]

    Section 4 was repealed, as from 19 November 1907, by section 2 Statutes Repeal Act 1907 (1907 No 40).

5 Land described in Schedule 2 and other real and personal estate vested in body corporate
  • The piece of land specified in Schedule 2 hereto, with the buildings thereon, and all the appurtenances and all other the real and personal estate to which the said Napier Athenaeum and Mechanics Institute is entitled, whether in possession remainder or otherwise, and the whole legal and equitable estate and interest therein respectively, shall, by virtue of this Act, be vested in the body corporate without any conveyance or assignment; and the person in whom any such lands and personal estate were vested immediately before the coming into operation of this Act shall be discharged from all liability and responsibility which might thereafter arise or be incurred in respect thereof, or the trusts upon which the same were held.

6 Power to borrow money by mortgage or debenture
  • It shall be lawful for the body corporate to borrow money by mortgage or debenture, without power of sale, on the lands and hereditaments comprised in Schedule 2 hereto, and any other real or personal estate of such body corporate now or hereafter to be acquired by gift purchase or otherwise, and to execute all necessary mortgages deeds or instruments. The moneys so borrowed shall be applied in the erection of buildings and tenements on the land of the body corporate, or in the alteration addition or improvement of any building now and from time to time hereafter standing and being upon such land.

7 Power to lease for not exceeding thirty-five years
  • The body corporate is hereby empowered to lease the said piece of land or any part thereof or any buildings thereon, and also any other real or personal property which such body corporate may from time to time hereafter acquire either by gift purchase or otherwise, and for any term not exceeding thirty-five years, or any less period than a year, to take effect in possession and not in reversion, at such rents and under and subject to such powers provisos covenants and conditions as such body corporate may determine.

8 Consent of majority of members present at a meeting necessary to the borrowing of any money by mortgage or debenture, and to effect lease
  • No money shall be borrowed by mortgage or debenture, and no lease for any term exceeding five years shall be effected, except with the consent of a majority of the members of the body corporate who shall be present at a meeting to be held in the Town of Napier, which meeting shall be convened by notice advertised for eight consecutive times in a newspaper published and circulating in the Town of Napier; such notice shall specify the business to be transacted at the meeting, and shall fix a time and place for the holding of such meeting, such time not being less than one month from the first of such advertisements. A like notice shall be delivered to each member of the body corporate as shall reside in the Province of Hawke's Bay, or be sent through the Post Office, addressed to him and them at his or their known or last-known place of abode or residence in such province.

9 Application of rents profits and annual income
  • The body corporate shall apply the rents profits and annual income, after paying the interest upon money borrowed and the expenses of management, in or towards the objects and purposes of the body corporate, and further, the proceeds arising from any sale of the personal estate (other than investments arising from the sale of real estate) may be applied in a similar manner.


Schedule 1

ALL that piece of land situate in the Town of Napier, in the Province of Hawke's Bay, containing by admeasurement one rood, more or less, being the northern portion of a block of land granted to the Superintendent of the province aforesaid in trust for purposes of public utility, included in the grant No 959, dated the fourteenth day of April, 1862. Bounded towards the North-west by Browning Street, 240 links; towards the South-west by Herschell Street, 114 links; towards the South-east by other portion of the said block, 200 links; and towards the East by Beach Road, 125 links.

Schedule 2

ALL that piece of land situate in the Town of Napier, in the Province of Hawke's Bay, containing by admeasurement one rood, more or less, being portion of a block of land granted to the Superintendent of the province aforesaid in trust for purposes of public utility, included in the grant No 959, dated the fourteenth day of April, 1862. Bounded towards the North-west by Browning Street, 100 links; towards the South-west by Herschell Street, 250 links; towards the South-east by other portion of the said block, 100 links; and towards the North-east by other portion of the said block, 250 links.