Hastings Club Rule Book 1940

The Rules
of the
Hastings Club
(Incorporated)

1940

[Wattie Ltd Print]

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THE RULES
OF THE
HASTINGS CLUB
(INCORPORATED)

1.   This Club shall be called the “Hastings Club (Incorporated)” and shall be registered under “The Incorporated Societies Act 1908.”

OBJECTS.

2.   THE OBJECTS OF THE CLUB ARE –
To carry on the Club heretofore carried on in Hastings under the name of “The Hastings Club” and for such purposes to –
(a)   Take over and manage the Property and Liabilities of the Club known as the Hastings Club.
(b)   Purchase or otherwise acquire land or interest in lands and to borrow money on Mortgage or otherwise for the purposes of the Club.
(c)   Generally to hold and deal with the Club’s property in the interests of and for the benefit of Club Members.
(d)   To conduct and carry on in Hastings a Social Club for the benefit of the Members of the Club.

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MEMBERSHIP.

3.   Members shall consist of: –
(a)   All persons who are members of the Hastings Club at the date of the coming into force of these Rules.
(b)   All persons who shall thereafter become members in accordance with the Rules of the Club.

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GENERAL AND SPECIAL MEETINGS.

4.   An Annual General Meeting of Members of the Club shall be held during the month of April in each year with the power of adjournment.
The business of the Annual General Meeting shall be to receive from the retiring Committee a Report and Statement of the financial affairs of the Club for the past financial year, to elect a President, two Vice-Presidents, and eight other members who, together with the President and two Vice-Presidents shall be the Committee for the then current year, and to discuss and deal with any other business of which due notice has been given.

5.   Quarterly General Meetings shall be held during the months of July, October, and January (with power of adjournment) for election of new Members, and to discuss and deal with any other business of which due notice has been given.

6.   A Special General Meeting of the Club may be called by the Committee, of their own motion, and shall be called within twenty-eight days of the receipt by the Secretary of a written request signed by not less than six Members stating the business which is to be considered at such meeting.

7.   No business other than what relates to the management of the affairs of the Club shall ever be brought forward or proposed or discussed at any General Meeting.

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8.   Notice of the date of any General Meeting, and of the business to be transacted thereat, shall be exhibited in the Club, and be posted to each Member not later than fourteen days before such Meeting. No business or matter shall be discussed or transacted at. any meeting except the business mentioned in the notice of such meeting.

9.   At all meetings of the Club, the President, or one of the Vice-Presidents, or a member of the Committee, or in the event of their absence some member to be elected by the meeting, shall be the Chairman of the meeting. The Chairman shall have a deliberative and a casting vote.

10.   The mode of voting at all meetings shall be by show of hands, but any three members present may demand a ballot on any motion, in which case a ballot shall be taken. In all cases of voting the matter shall be decided by a bare majority, except in cases otherwise expressly provided for by these rules.

11.   No General Meeting shall be competent to transact any business, excepting the election of new Members as provided by Rule 35(e) unless at least ten effective members be present, and no proposition for altering or adding to or repealing these Rules, or dealing with the property of the Club, shall be adopted without the sanction of a majority consisting of at least two-thirds of the members present at the meeting at which such proposition is considered

12.   All meetings, whether of Committee or Members, to transact any business of the Club shall be held at the Club House.

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MANAGEMENT.

13.   The affairs of the Club shall be controlled and managed by a Committee consisting of the President of the Club, two Vice-Presidents and eight other persons chosen from the Club Members at each Annual General Meeting as provided by these Rules. The Members who are members of the Committee of the Hastings Club at the date of the passing of these rules shall be the Committee until the next Annual General Meeting of the Club when a new Committee shall be elected, in manner provided by these Rules. Thereafter a new Committee shall be elected at each Annual General Meeting of the Club. The Committee appointed each year shall hold office until a new Committee is appointed. In the event of any vacancy occurring in the membership of the Committee between the dates of any two Annual General Meetings the remaining members of the committee shall have power to fill up such vacancy by appointing some member of the Club to act on the Committee.

14(a).   A President, two Vice-Presidents, and eight other Members of the Committee shall be elected at the Annual General Meeting. Each Candidate for election as President, Vice-President or other Member of the Committee must be proposed in writing by one member of the Club and seconded by another, not later than the 9th day of April in each year and the name of the Candidate with the signature of the Candidate’s proposer and seconder, must be posted on a Notice Board in the Club

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for not less than 14 days preceding date of Annual General Meeting. But no one shall be proposed as a Candidate unless his consent in writing shall, contemporaneously with such proposal, be either lodged with the Secretary, or placed on the Notice Board. If the proposals received for any office do not exceed the number to be elected the candidates proposed shall be deemed to be elected to that office.
(b)   If the number of proposals for any office exceed the number to be elected to that office a ballot shall be held in manner following to decide which of the candidates proposed for that office shall be elected:
(1)   Voting papers shall be prepared on which shall be printed the names of all candidates for the office and shall be posted to each member not less than 14 days prior to the Annual General Meeting.
(2)   Each member desiring to vote shall strike out from the voting paper any candidate against whom he desires to vote and shall leave uncancelled the names of any candidate for whom he desires to vote. In the case of an election of Vice-Presidents he shall vote for two of the candidates for that office, and in the case of an election of 8 members of the committee for 8 of the candidates.

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(c)   No member shall vote by proxy. Every member who has voted in accordance with paragraph (b) of this rule shall place his voting paper in an envelope with a slip of paper attached on which must be written the voting members’ name in his own handwriting. All envelopes with names attached must be placed either directly by the voting member or by the Secretary on the members’ instruction in a Ballot Box provided for the purpose. The ballot shall close immediately on the appointment of Scrutineers at the Annual General Meeting. Two Scrutineers shall be appointed by those present for the purpose of counting the votes, and the Secretary shall in the presence of the meeting open the Ballot Box, and remove from each envelope found therein the slip of paper bearing the name of the voting member and having satisfied himself that any envelope bearing the signature of any person not entitled under these rules to vote in the election is excluded, shall hand the envelopes to the Scrutineers.
(d)   The Scrutineers shall with all convenient dispatch report to the Meeting the result of the election. In the event of an equality of votes for any office, a decision shall be taken by lot or as the meeting may decide.

15.   The Committee shall hold meetings whenever called together by the Secretary, or by the President, or either of the Vice-Presidents and, except in the case of urgency, at

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least 48 hours notice of Committee meetings shall be given to each member of the Committee. Four members personally present shall be necessary to form a quorum at any meeting of the Committee.

16.   The President, or one of the Vice-Presidents, or in their absence one of the Members present, shall take the chair at all Committee Meetings, and the Chairman shall have both a deliberative and casting vote.

17.   Any member of the Committee absenting himself from three consecutive meetings, without permission of the Committee, shall at their option, cease to be a member thereof, and the Committee may elect a substitute for his unexpired term of office.

18.   The Committee may from time to time at their discretion borrow for the purposes of the Club from any person, Company, Corporation or Bank, any sum or sums of money, either under legal mortgages or charges with powers of sale and other usual powers and authorities, or by Bank Overdraft, or by the issue of Debentures or Bonds, of the Club, and on such terms and conditions and at such rate or rates of interest or otherwise as the lender and the Club shall arrange.

19.   The Committee shall have power in the corporate name of the Club to enter into any agreement or agreements it may think necessary or expedient in the interest of the Club, and to execute any transfer, lease, assignment or mortgage of the Club’s Assets, or any of them, for the purpose of carrying into effect the objects of the Club or any of them. Any such agreement transfer, lease, assignment, mortgage or other document shall bear the Common Seal of the Club.

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20.   The Committee may from time to time make, alter or rescind such By-Laws and regulations, consistent with the Rules, as they may think necessary or expedient for the well-being of the Club, and such By-Laws and Regulations, and the decisions of the Committee on all questions shall be binding until set aside by a Special General Meeting of the Club to be assembled as directed in Rule 6.

21.   The Committee shall from time to- time appoint and fix the remuneration of a Secretary and a Treasurer who shall hold office at its pleasure. One person may hold both offices, and the holder of either or both offices need not necessarily be a member of the Club. The duties of the Secretary and Treasurer shall be fixed from time to time by the Committee.

22.   HOUSE COMMITTEE.
(a)   The Committee, at their first meeting after each Annual General Meeting, shall appoint certain of themselves, who shall be the House Committee, the members thereof shall continue in office until the appointment of a new House Committee unless sooner removed by death, resignation, or otherwise. All vacancies in the House Committee occurring from time to time shall be filled up by the Committee.
(b)   The House Committee shall carry out the directions of the Committee, and subject thereto, conduct the ordinary internal business of the Club, and see that the Rules and By-Laws for the government thereof are properly carried into effect.

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(c)   The House Committee shall hold an Ordinary Meeting at least once in every calendar month two to form a quorum. Any member of the House Committee may cause a Special Meeting thereof to be held at any time by giving to the Secretary 24 hours’ notice in writing to call the same, upon receipt of which the Secretary shall call such Special Meeting by giving to each member as much notice thereof as possible.
(d)   Any member of the House Committee failing to attend three consecutive meetings shall at the option of the House Committee cease to be a member thereof.

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FINANCE.

23.   The financial year of the Club shall be from the first day of March in one year till the last day of February in the following year (both days inclusive).

24.   All monies received by or on behalf of the Club shall forthwith be paid to the Treasurer and be placed by him to the credit of the Club’s account at the Bank of New South Wales, Hastings, or at such other Bank in Hastings as the Committee shall from time to time determine.

25.   A receipt signed by the Treasurer shall be the only valid receipt for moneys paid by any person to the Club.

26.   All payments made by or on behalf of the Club shall be made by cheque. All cheques must be signed by the Treasurer and one member of the Committee.

27.   The Annual Subscription shall, from the first day of March 1940, for Members residing in the Provincial District of Hawke’s Bay, be seven guineas, and for Members resident outside the Provincial District of Hawke’s Bay, £2/15/0; but this Rule shall not in any way limit the power of members assembled at a General Meeting convened in accordance with these rules to amend this rule by increasing or diminishing the amount of the annual subscription of members, as the requisite majority of them, shall think fit.

28.   New Members elected shall be liable during the financial year in which they are elected for a proportionate part only calculated

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from the date of election to the 28th February next ensuing of the subscription for that financial year.

29.   The Annual Subscription is due on the 1st March in each year. No member shall be eligible to vote at any meeting either for election of members or for any other purpose, or to take any part in the management of the Club or to give any notice under these Rules, nor have the privilege of proposing or seconding a Candidate for membership of the Club or for any office of the Club if his subscription is in arrear for three months.

30.   All subscriptions, except the subscription payable by any new member during the financial year of his election, in arrear and unpaid at the 1st June in any financial year shall be increased by the sum of Fve [Five] Shillings (5/-) and thereafter by the sum of Five Shillings (5/-) per month for every Calendar Month or portion of a month until the same be actually paid.

31.   Any member who fails or neglects to pay any subscription together with any addition thereto as provided in Rule 30 within fifteen months after the same became due shall ipso facto cease to be a member of the Club, but shall not thereby be relieved from liability to pay all moneys then due by him to the Club, but this rule shall not apply to Members for the time being absent from the Dominion.

32.   Any member actually resident in the Provincial District of Hawke’s Bay who shall be continually absent from the Provincial District of Hawke’s Bay for a period of not less

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than six months shall be liable only for payment of a proportionate part of his subscription calculated from the 1st March immediately preceding the date of his departure up to the date of his departure and thereafter during his absence shall retain full membership by payment at the rate of £2/l5/0 per annum up to the date of his return, and upon his return shall again become liable for the ordinary subscription except for the financial year in which he returns he shall pay a proportionate part of such full subscription, calculated from the date .of his return to the 28th February next ensuing.

33.   No member retiring from the Club, or ceasing, from any cause, to be a member, shall be entitled to, or have any claim upon any portion whatever of the property of the Club.

34.   Members Accounts for Meals Accommodation and, or other supplies or services shall be rendered to them at not greater intervals than quarterly, and shall be due and payable as at the date of such account.
Any account remaining unpaid for more than three months including the month in which it was rendered shall bear interest calculated from the date the same was incurred at the rate of 10% per annum.
Any member whose account is more than six months overdue shall be considered to have incurred the displeasure of the Committee who may take such action for recovery of the debt or for the prevention of such member from increasing his debt as the Committee may decide

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ELECTION of NEW MEMBERS.

35.   Any male person of the age of 21 years who has resided in the Provincial District of Hawke’s Bay for not less than six months may be elected a member of the Club in manner following : –
(a)   He shall be proposed for membership by two members of the Club entering his name in the proper book kept for that purpose and signing their names in such book as proposers of the person so named.
(b)   A copy of the entry in such book signed as aforesaid shall thereafter be exhibited in the Club for a period of 21 days.
(c)   Thereafter the Secretary shall with the notice calling the next General Meeting of the Club send to each Member a voting paper on which shall be printed the names, occupations and addresses of all men who have been proposed for membership since the last General Meeting of the Club, and the names of the Proposers of each person. There shall also be printed on each such voting paper instructions as to the manner in which a vote is to be given, and a small envelope marked ‘voting paper only’ with a slip of paper attached thereto shall be provided.
(d)   For the purpose of recording votes, a box called the Ballot Box shall be kept on a table in the Club’s Entrance Hall. Any

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member who desires to vote on the question of whether any person shall be elected a member shall vote by indicating the manner in which he proposes to vote thus:
(i)   He shall strike out the name of any proposed member on the voting paper against whose election he desires to vote.
(ii)   He shall leave uncancelled the name of any proposed member on the voting paper for whom he desires to vote.
(iii)   He shall write the words ‘no vote’ against the name of any proposed candidate on the voting paper for or against whom he does not wish his vote to be recorded. He shall then enclose the voting paper in the small envelope marked ‘voting paper only’ provided by the Secretary, and shall sign his name on the slip of paper attached to such envelope. He shall then send or cause to be delivered to the Secretary for placing in the ballot box, or himself place or cause to be placed in the ballot box the said envelope with the slip of paper attached to it.
(e)   At the next General Meeting of the Club at which at least five financial members are present held after voting papers have been sent out the ballot box shall be brought into the meeting room. As soon as the formal business of such meeting is concluded, the Secretary shall in the presence

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of the meeting open the ballot box and remove from each envelope found therein the slip of paper bearing the signature of the person voting attached thereto, and having satisfied himself that any envelope bearing the signature of any person not entitled under these rules to vote on the election is excluded, shall hand the envelopes containing the voting papers to two scrutineers to be appointed by those present at such meeting for the purpose of examining the voting papers and recording the votes. The Scrutineers shall with all convenient dispatch report to the meeting the result of the election by giving the name of each Candidate who receives more than six times as many votes as the number of votes recorded against him. The Candidate or Candidates so named shall thereupon be deemed to be elected.

36.   Notwithstanding anything hereinbefore contained a person who is not a resident in the Hawke’s Bay Provincial District or who has not been resident in.the Provincial District of Hawke’s Bay for six months shall be eligible for election as a member of the Club if the Committee so recommend.

37.   No rejected Candidate shall be again proposed for election within the space of twelve months after rejection.

38.   Any member may resign his membership at any time by notifying his resignation in writing, under his own hand, to the Committee,

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and thereupon he shall, ipso facto, cease to be a member of the Club; but no such resignation shall relieve any member from the payment of any subscription or other money due or payable by him, or from his proportion of any of the outstanding liabilities of the Club at the time of such resignation.

39.   The Entrance Fee shall be £10/10/0, payable by each new members on his election or £2/2/0 payable by any person who has resigned his membership and has again been elected a member.
The Committee shall have power from time to time on the instruction or direction of a resolution of the Annual General Meeting or a Quarterly General Meeting of Members to reduce or entirely waive an Entrance Fee for such period or periods as the general or quarterly meeting may direct.

40.   On the election of each new member, the Secretary shall forward him a notice in writing notifying him of his election (furnishing him at the same time with a copy of the Rules) and stating the amount of the Entrance Fee and the amount of Subscription payable by him for the then current year and advise him that on payment of such entrance fee and subscription within one calendar month of the date of such notice he shall be enrolled on the books of the Club and become entitled to its privileges. If he fails to pay such entrance fee and subscription as aforesaid within one month from the date of such notice his membership shall be deemed to have lapsed unless the Committee otherwise determine.

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LIFE MEMBERS.

41.   On the recommendation of the Committee any General Meeting may on the votes of two-thirds of the Members present thereat elect any member of the Club of not less than five years standing to be a life member. Any gentleman so elected shall be entitled to all the privileges of membership without payment of any subscription but shall be subject to the rules and by-laws of the Club in all other respects. Present Life Members of the Hastings Club shall ipso facto be deemed to be Life Members under this rule.

AUDIT OF ACCOUNTS.

42.   The Accounts of the Club shall be audited annually by an Auditor or Auditors, who must be Public Accountants, and who shall be appointed each year by the Committee. The audited accounts (Statement of Receipts and Expenditure and Balance Sheet) shall be printed, and a copy posted to each member of the Club not less than fourteen days before the Annual General Meeting.

COMMON SEAL.

43.   The Club shall have a Common Seal, which shall be kept in the custody of the Secretary and shall not be affixed to any instrument except by the authority of a resolution of the Committee, and in the presence of two members of the Committee appointed by the Committee for the purpose and the Secretary and those two members of the Committee and the Secretary shall sign every instrument to which the seal of the Club is so affixed in their presence.

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GENERAL.

44.   Any member wilfully infringing the Rules and Regulations of the Club, or whose conduct in or out of the Club after his election shall, in the opinion of the Committee, be derogatory to the character of a gentleman, or prejudicial to the interests of the Club, shall be subject to suspension or expulsion, as hereinafter provided. Charges of this nature upon being brought to the notice of the Committee shall be considered by the Committee, who, if they consider such a course necessary, shall direct the Secretary to inform the member of the charge brought against him, with a view of giving him an opportunity of explaining his conduct to the Committee. The Secretary shall, if called upon by any such member to do so, within seven days after such member shall be notified of the charge brought against him, call a meeting of the Committee for the purpose of allowing such member to explain his conduct. Should such member decline or fail to satisfactorily explain his conduct, the Committee shall consider the matter and if it considers the offence charged is proved and is of such a serious nature as to merit the expulsion of the member charged, it shall convene a special general meeting of the Club before which they shall lay their report on the subject. Such Special General Meeting shall not be competent to deal with the case unless it consist of at least twenty financial members of the Club. The opinion of the meeting shall be ascertained by ballot when, if two-thirds of the members present shall decide that the accused member has merited suspension, he may be suspended

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for any period not exceeding twelve calendar months, during which period such member shall not be entitled to any of the privileges of the Club. If two-thirds of the members present at such meeting shall decide that the accused member has merited expulsion, he shall forthwith cease to be a member of the Club and shall be notified by the Secretary accordingly. Notwithstanding that his membership has ceased he shall remain liable for all monies due and owing by him to the Club at the time he ceases to be a member.

45.   The Club Rooms shall be open and ready for the reception of members at a time or times to be provided for in the By-Laws, and shall be finally closed at the hour for the time being fixed by the Committee; after which hour no new game shall be begun or refreshments supplied, except on special occasions by direction of the Committee.

46.   All complaints shall be made to the Secretary in writing, or entered and signed by the member complaining, in a book to be kept for that purpose. Any complaint so made shall be laid before the House Committee with as little delay as possible who shall deal with it in such manner as they deem advisable, and an answer sent by the Secretary under its direction.

47.   Subject to the By-Laws Members shall not publicly advertise the Club premises as a place for transacting business or use the Club premises for business or advertising purposes.

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48.   Subject to such regulation as the Committee or House Committee may make, any member of the Club shall have the privilege of introducing friends to the Club, and may also invite them to lunch, dinner or tea. Persons so invited to the Club may, if accompanied by the member inviting them, be admitted to the Reading, Smoking, Card, Billiard Rooms and Bar and Dining Room.

49.   No provisions, wines, or liquors shall be sent out of the Club House for the use of any member unless with the sanction of the House Committee.

50.   All servants of the Club (other than the Chief Steward and the Secretary and Treasurer, who shall be appointed by the General Committee), shall be appointed by and be under control of the House Committee.

51.   Members shall not give any money or gratuity to any of the servants of the Club. Servants of the Club shall not directly or indirectly receive any present, money, or gratuity from any member, or from any tradesman or other person employed by the Club, under pain of immediate dismissal by the Committee.

52.   Servants of the Club shall not be sent out of the Club House by Members except as the House Committee may from time to time sanction.

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53.  No member of the Club shall take away from the Club Rooms, or deface, tear, or damage any newspaper, book, pamphlet, or other article the property of the Club.

54.  Any member breaking or damaging any article belonging to, or in the use of the Club, shall pay to the Secretary the necessary cost of replacing such article, the price to be fixed by the House Committee.

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HONORARY MEMBERS.

55.   No person residing within a radius of forty miles from Hastings for 12 months or more or who is under the age of 21 years, shall be eligible for honorary membership of the Club.

56.   Any gentleman eligible for honorary membership who is proposed for Honorary Membership by any member of the Club may be admitted as an Honorary Member by any two members of the Committee, upon being proposed in writing by a member.
The name, place of residence and profession or occupation (if any) of the proposed honorary member shall be entered upon a nomination paper, which shall be signed by the proposer. On two members of the Committee approving of the admission, they shall both sign the nomination paper, whereupon the name of the honorary member shall be entered in a book to be kept for the purpose, and a card of invitation shall be sent to him, if requested. No member whose subscription is in arrears for three calendar months may propose or second any gentleman as an honorary member.

57.   The period of admission of any Honorary Member under the last preceding rule shall be one calendar month, during which no fee or subscription shall be charged. After the expiry of such calendar month the Honorary Membership may be extended by the Committee, upon application of the proposer, from

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month to month for a period not exceeding six consecutive months, upon the payment of ten shillings subscription per month.

58.   No gentleman who has been admitted as an Honorary Member shall be again admitted as an Honorary Member within six calendar months from the expiry of his previous honorary membership without a resolution of the House Committee sanctioning such readmission.

59.   Honorary Members shall make themselves acquainted with and observe the Rules of the Club. The member who proposes an honorary member shall be held responsible for his obligations for the first month of his membership.

60.   Notwithstanding the provisions of Rule 55 gentlemen who have been proposed and seconded for membership may at the discretion of the Committee be admitted as honorary members for the period between their being proposed and seconded and the date of the General Meeting at which they are either elected or rejected as members.

61.   The Committee shall have power to revoke the admission of any honorary member at any time.

62.   No honorary member shall be permitted to attend or vote at any meeting of members of the Club, or to bring into the Club Rooms or entertain therein any strangers.

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INVESTMENT OF SURPLUS FUNDS

63.   The surplus funds of the Club may be invested by the Committee in the registered name of the Club in such securities as are approved by the Committee. Deeds and other documents in connection with investments shall be prepared by a Solicitor acting on behalf of the Club, and certified by him as in order, and all dividends and interest arising out of such investments shall go to augment the funds of the Club.

DISSOLUTION AND REPEAL

DISPOSITION OF PROPERTY IN WINDING UP.

64.   On the winding up of the Club or on its dissolution by the Registrar of Incorporated Societies all surplus assets after the payment of all costs, debts and liabilities shall, subject to any trust affecting the same, be disposed of as shall be determined by the Members of the Club at the date of such winding up or dissolution in General Meeting.

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ALTERATION OF RULES.

65.   It is expressly declared (anything in these Rules to contrary notwithstanding) that nothing in these Rules shall be construed to modify or limit the right of Members, convened for the purpose in accordance with these Rules and subject to the Provisions of Section 21 of ‘The Incorporated Societies Act 1908,’ to add to, amend, vary, or repeal these Rules or any of them; and any such amendment, addition, variation or repeal whether such amendment, addition, variation or repeal affect the amount of entrance fees or subscriptions, or other matter or thing affecting the Club, shall be valid and effective, and shall, when passed be binding on all members of the Club without reference to the date of the commencement of their membership.

The above Rules shall, unless where otherwise expressly provided, come into force on the registration of the same under The Incorporated Societies Act, 1908.

Filed at Napier this 13th day of June, 1940.

E. C. ADAMS,
Assistant Registrar of Incorporated Societies.