^' vj ■t> 
 
 TRAFALGAR INSTITUTE, 
 
 FOUNDATION, 
 
 ACT OF INCORPORATION, 
 
 BY-LA^W^S, Etc. 
 
 MONTREAL : 
 PRINTED BY THE GAZETTE PRINTING COMPANY. 
 
 1885. 
 
95315 
 
LAST WILL AND TESTAMENT 
 
 OF THE LATE 
 
 DONALD ROSS, ESQ. 
 
 -0- 
 
 On the nineteenth (hiy of March, in the year one thousand 
 eight hundred and sixty-seven, before mo, William Ross, and 
 Henry Blake Wi-ii^-hl, the undersigned Notaries Public, duly 
 commissioned and sworn, in and for that part of the Province of 
 Canada, heretotbre constituting the Province of Lower Canada, 
 residing in the City of Montreal, in the said Provinces, person- 
 ally came and appeared 
 
 DoNAfW) Eoss, of the Parish of Montreal, in the District of 
 Montreal, Esquire, Seignior of tlio Seigniory of St. freorge, in 
 the said District, who being in good bodily health and of sound 
 mind, memory, and understanding — as appeared to us by his 
 manner and conversation — and being desirous to provide for the 
 administi-ation of the jiroperty, of which he shall die possessed, 
 hath re([uest(!d us, the said notaries, to receive and reduce into 
 writing this his last Will and Testament, in I'ospect thei-eof 
 which the said William Ross, one of the said notaries, in the 
 presence of the said Henry Blake Wright, the other notaiy, have 
 taken down as made, dictated, and named, /a<Y dicte et nommc, by 
 the said Testator, word for word, as follows : 
 
 The said Testator doth hei-eby give, devise and bequeath unto 
 his beloved wife, Jane Koss, during her natural life, in addition 
 to, and over and above what she is entitled to by her marriage 
 contract, the 3'^early interest to accrue at his death on the sum 
 of Two Thousand Five Hundred Pounds, current money of 
 ('anada, together with the enjoyment of all Testator's liousehold 
 fui-niture, (as per inventory taken by said Testator) including 
 plate ami plated ware, and all othei- articles in the house and 
 premises, occupied by the Testator at his death (the philosophical 
 instruments to be cai-efuUy preserved for the Ross [nstitutc. 
 
hoi'oinafter doscribed.) Tho follo\vin«jj are to bo for tho use of 
 luH siiiid wife during hor natural lifo, that is to say: One of his 
 best cari'iayos, one of Ids best sloii;hs, a common sleii^h, two of 
 his best horses, two setts of harnoss, — the whole at lier own 
 choice; and also tho plants in the conservatory : I'rovidcMJ, li(»w- 
 cvor, and should his saiil wife contract a second marriage, that 
 then and in sut-h case she shall tbi-fcit all her rights and clain»s 
 under tins AVill — tho said Testator's intention being that she 
 Hhall oidy on joy the oi't>going be(|uests so long only as she 
 remains his widow. 
 
 The said Testator doth hereby give, doviso, and bequeath unto 
 Ins sister, Catherine Iloss. during her natural life, the sum of 
 Fifty Pounds, current money of Canada, per annum. 
 
 The said Testator doth iiereby give, devise, and bequeath unto 
 Eliza F. lioss, now residing at Ord, near Invergordon, Rossshire, 
 Scotland, spinster, the sum of Twenty-tive Pounds, current money 
 of Canada, during her natural life, payable three months after 
 the decease of the said Testator. 
 
 Tho said Testator doth hereby give, devise, and bequeath unto 
 his dear friend, Sophia R(jss, oldest daughter of C. 8. Ilosg, 
 Cashier of the Commercial Bank of (Janada, the sum of One 
 Hundred Pounds, said current money to be jjaidto her as soon as 
 possible after tho said Testator's death. 
 
 The said Testator doth hereby give, devise, and bequeath unto 
 his dear friend, Ainioy, second daughter of the said C. S. Eoss, 
 the sum of One Hundred Pounds, said current money to be paid 
 to her as soon as possible after the said Testator's deatli. 
 
 The said Testator doth hereby give, devise, and bequeath unto 
 Irvin, eldest son of the said C. S. lioss, his gold repeater watch, 
 diamond ring and guard, his seven fishing rods and tackle, and 
 tin box with fishing geai', one double-barrel gun, by Dean & 
 Bros., a Sharp's rifle, and a Colt's revolver. All the property 
 herein given devised and bequeathed to the said legatees, shall, 
 as they respectively depart this life, revert to and merge into 
 the estate of the said Testator, for the purposes hereinafter men- 
 tioned, with the exceptions of tho donation above given to the 
 childi-en of his friend, the said C S. Ross. 
 
 Tho said Testator hereby gives, devises, and bequeaths the pro- 
 perty on the south-eastern slope of the Mountain and fronting on 
 the Cute dcs NeUjes road, known as the "Trafalgar property," and 
 
piircliiised l>y liim iit Shoi'itf's sales, to ilw flovori'iid Alfx.-iiidcr 
 Matliioson. D.I)., minister of St. A.iulro\v's GImreli, .Montreal, aiwl 
 to his succo.ssoi'.H, Ministers of suc'li clmrcli ; tlu; Ri'veroml John 
 Tenkins, D.I).. .Nrinistor of St. Paul's ('liiirch, .Montreal, and to his 
 successors. Minisler.s ol'said chui'ch : John (rrconsiiicildsand lluii;li 
 Allan, both of the City of Monti-csal, the two lay nienilxM-s of the 
 Board of 'rrnsleos of (^noon's ('ollo^o, Fvin,y;slon, resident in .Mon- 
 treal, and to their successors; lay nierahors of su(di Hoard as may 
 bo resident in .Montreal. The Venerable William T. Leach, 
 Archdt'acon of .Montreal, in connection with the( 'anadian hranch 
 of oho (Uiurch of lOni^land. and to his successors, Ai'cdideacons of 
 Montreal; The Reverend William Snodu-rass. Principal of saiil 
 (Queen's Colle<:;e, and to his successors. Princi|)alsof saiil Colleire; 
 and .lohn \V. DawHon, D.(\[j., Principal of McCnll ('olle«-o, .Mon- 
 treal, and his successors. Principals of .MctJill (^>llo<>;e. in trust 
 ,30 soon as the accumulated retH'.nue of such property, and the rest 
 and residue of the TeMator's estate and property, and sueh dona- 
 tions and bequests us may be (jlcen hy other parties for the purpose 
 hereinafter stated, shall in the Judgment of the executoi's herein- 
 after named atnounriil'vaTue to the sum ofOiie'fTuniTi'eJ'TTimisdmJ. 
 Pounds currency, after |)ayment of the legacies to the executors 
 horernafter mentioned, and of all the Testator's just debts and 
 funeral and testamentary expenses, to erect, establish, and for 
 ever maintain, on the afoi-osaid property known as the "Trafal- 
 gar property," a Seminary or Institute to be called "The Ross 
 Institute," for the educational training of the middle and higher 
 ranks of female society ; .subject, however, to the several trusts, 
 conditions, limitations, ami provisoes hereinafter declared. 
 
 Anil with i-egard to the rest and residue of the said Testator's 
 estate, real and personal, moveable and immoveable, of QVQvy 
 nature and description whatsoever, and wheresoever situate, (in- 
 cluding all t lie property that shall revert to his estate, at and 
 after the death of the special legatees hereinbefore tir.4tly eiiumer- 
 ated) the said Testator hereby gives, devises, and bequeathes the 
 same to his executors hereinafter named in trust, to manage and 
 administer the same until, in the judgment of such executoi-s. the 
 property proser.ily bequeathed, together with the accumulated 
 revenue of the aforesaid property, known as the " Trafalgai- pro- 
 perty, ' and such donations and legacies as may be given by 
 other parties for the purposes of the aforesaid Institute, shall 
 
iiiiKMini ill vjiluo t(» One Hundred Tliumund Poiindti, ath'i- puymont 
 nlilu! U'liMcii'H to the oxt'ciitors lifioinal'tci' inen(ioiif(|. and of all 
 llu' Testator's (lid)t> and funeral and tostainentury l'Xl)ell^^l's, and 
 thou lo sell and convert into money the whole of siieli rent and 
 residue of the Testatoi-'H said estate, and invewt the hhiiic in liisl- 
 elasH niort<^'a^"os on real estate or Baitleurs de Fond.s, ImnU Htoek, 
 or other deHcriptioii of eoniniercial stock, or in (JoverrnnenL 
 Hecurities, or other des(M'iption of safe invostnicnt. and then to 
 assign, ti-anslei', (tonvey, and make over the whole of such mort- 
 gages, stocks, Heeui'ities, or other (h!scri[»tion of investment, and 
 all and singular the rest and residue aforesaid, of the said Testa- 
 tor's estate and property oi' every kind and descrijjiion generally 
 whatsoever, after deduction and j)aynient of the legacies herein- 
 after hecjueathed to the said executors, and of all disbursements 
 and expenses incurred by them in tlie execution of this Will, and 
 the management of the said Estate and Property unto the said 
 trustees hereinbefore named and appointed to be over hei-oattor 
 held, used, possessed, and enjoyed by tlie said ti-usteos and their 
 successors, in full property in ti-ust for the aforesaid lioss Institute. 
 And with respect to the said Institute, so to be erected, estab- 
 lished, and maintained, the said Testator hereby declares that 
 his intention is to do the greatest amount of good possible in 
 educating the female sex, or young girls, and towards the attain- 
 ment of the object in view, the said Testator doth hereby declare 
 it to be his will and pleasure that the whole of the ground com- 
 prised within the limits of the said property, known as the 
 " I'j-afalgai' propci-ty," together with all the houses and buildings 
 thereon erected, shall be appropriated to the said institute, to- 
 gether with the present gi-oen house, or greenhouse to be ej'octed 
 thereon in connection with the Seminary, said greenhouse to bo 
 two hundred teet long, thirty-five feet wide, and thirty feet high 
 at tiie centre of its ai'ch ; the frame of the said greenhouse to be 
 of metal, and the glass, twenty-six ounces, Smethwick glass, in 
 long nari'ow panes. Should the metal frame, according to the 
 opinion of those best informed, not suit the climate, the frame in 
 such case to be of wood; the Governors of the Institute should 
 make the necessary enquiry upon this head, in ordei' to obtain 
 the construction of a light and graceful building. The building 
 will, in the v, inter especially, be found to be of much value to the 
 scliolars. 
 
ThoHuifl Tostutor doth also lioroby give; iiml l)0(|UOiilh llu' t'ol- 
 lovvini;- .ii-ticloM lo tlio siiiil trustcos, in trust for iIk^ said Iiistitutt", 
 naini'Iy : a Toluscopo, by Banlon iV Co., Paris, four and a-liaif 
 iiKdiOM kills, which took a pri/o at the Paris Exhibition in 185»; ; 
 a .Microscope, by Smith iV Hock; Photographic instrutnoni coin- 
 jdote; a Slcrooscopo; Tcrro.stial and Colostrial (Jiobos; Maps, 
 Hooks, such aw will bo suitable, and tho Atlassos now in his 
 Library; alwo his and Mi-h. Uosh' own statuos in marble. 
 
 The said Testator Wills and directs tiiat the greenhouse, 
 plants, and all connected with the said greenhouse, as now occu- 
 pied by him, bo taken to tho aforesaid new greenhouse, to bo 
 erected as aforesaid. 
 
 Tho said Testator Wills that the Seminary be established on 
 the following basis, or as neai' thereto as circumstances may 
 admit : 
 
 Tho general object being to qualify young persons for dis- 
 charging in the best manner such duties as ordinarily devolve to 
 the female sex. 
 
 Pupils shall belong, not to tho lower ranks, but to the fai^^.ilies 
 of the respectable and middle ranks. Mechanics' children, as 
 well as tho children of merchants in reduced circumstances, or 
 any others, being Protestants, to whom the privilege of the 
 Institute might be an object, and who may bo able to maintain 
 and suitably clothe them during the whole term of four years. 
 
 Pupils shall bo admitted in their fourteenth year, and shall be 
 entitled to remain in said Seminary until they shall have com- 
 pleted their eighteenth year, on the terms and conditions herein- 
 after sot forth. 
 
 That the Institute shall be under the Synodical supervision of 
 the Synod of tho Presbyterian Church of Canada, in connection 
 with the Church of Scotland ; but should a union of this body, at 
 any future period, with the Presbyterian Church of Canada take 
 place, under a Synod or (leneral Assembly, that then and in such 
 case the Seminary shall be, and c(mtinue to be under its super- 
 vision as much as when it comes under the supervision of its 
 present Synodical head. 
 
 The trustees hereinbefore named and their successors shall be 
 the Governors of the said Institute. 
 
 The Governors shall have the power to manage the property 
 of the Institute, to manage and direct all its tlnancial concerns, 
 
8 
 
 Imv'O the <liHliil)Utinn of snliii'ioH nnd tho (Mmrtnicnt of hy-lawK, 
 nilt'H and icniiliitioiis wliiili (•iicimi>(aii('»'M may ri'«|uiri', Inil not 
 UK'tiMhihlciil with aiiydiiiif; lioroiii toiitaiiiiMl ; llioy shall ul-o 
 havo the a])|)uintim!nl of (ho principal uiul tuachuiH uf ihu Insti- 
 tute. 
 
 Tho (lOvoi'Moi'H xlmli havo tho n])pointniont oi' tho jtiincipal of 
 tho Inntitulo, and thoy aro horoh}' onjoinod to koop u|) tho stan- 
 dard oflho odiu'ution ^nvon in tho Inslituto to tho highost intol- 
 loolual and moral standinu; of tho timos. 
 
 Tho (Jovoi'nors of tlu« Instituto shall annually londor an 
 account and sUitomont of thoii- adniinist "ation, to ho puhlishcMl in 
 two of tho loading novvspajioiH in thi« city. Thoy shall havo 
 power to si^n all cheques, accoi)tances, and ])romiHsoi'y notes an<l 
 drafts, relative to tho niana^enient and interest of said Institute ; 
 also to sign, seal, and execute all doeils, conveyances, obligations, 
 mortgages, and other instruments in wi'iting, when the interest 
 of the Instituto shall i'0({uire tho same. 
 
 All such documents, i-ocoipls, copies of cheques, itc, papers, 
 vouchors, and instriimonts in writing to bo fylod or kept on 
 record in the lioftks of tho said Seminaiy or otherwise, the whole 
 of which, including tho books of account, shall bo investigated, 
 compared and checked by auditors, annually appointed, who 
 shall be appointed by the leading parental suppoiters or guard- 
 ians of the children attending the Institute, nominated by the 
 laymen of tho Board of Governors. 
 
 Tho report of the auditors must bo recoidod in the records of 
 tho Instituto, and regularly attested. 
 
 The Board of Governors shall meet (quarterly at the Institute, 
 but special meetings at any time, when required, shall be called 
 by tho Chairman of tho Board, at the request of any two of the 
 ( Jovernors, for special purposes. 
 
 The Goveinors shall bo required to keoi» a book of record, in 
 which shall be entered all their proceedings, and each meeting 
 and pi'oceedings of evoj-y sitting shall be regularly attested by 
 the Chairman and Secretary. 
 
 The Secretary shall be appointed by the Boartl of Governors, 
 with an annual allowance of what thoy may consider fair remun- 
 eration for his or hor services; the said Secretary must be a 
 person every way qualified for discharging the duties, and to be 
 annually appointed by the Governors. Every necessary pre- 
 

 
 caul ion iniisl l»o InUcii lliat sucli Socrolaiy ho ii porwon fully 
 (|UMlitiiM| loi' <liH<-lmi-u'iii^^ his ui- hoi- dutius. 
 
 'I'm the religious (>(tuciitioii nffho pupils .special altontion niUHt 
 Itc jtaiil ; luMicc, it shall he c(iin|ml('iit Cor the (Jovoniors fo rnake 
 such alU'i-atioiis, inodiliciitictns, or addition.! to iis course of study 
 us may ho found luM'ossafv for tlics<! purposes. 
 
 The prococdiii«;s of every day simll |,o opoiuMl l.y prayer and 
 praise ill th<i Chapel hcreinafler refern;d to. Siiitahio (onus of 
 prayer, l(» he drawn up hy the jiersons appointed hy the (iovcr- 
 nors, and afterwards snlnnittcd to the said Govoinoi-s for 
 approval, which I'ornis shall he read at the daily o)»onin^- and 
 closing- o( the school l.y the I'liricipal of the said Scminaiy, or hy 
 the iie.Nt in authority in the school. 
 
 It shall ho the duly of the Go\-ernors to .-■<dcct a series ot suit 
 nhio eluris books and apparatus, with th»' advice of the Principal 
 of the Institutt', This hoaril shall have the duty of selecting 
 suilahle hooks lor the Lihrary. Should the Principal bo found 
 deticient at any time in the dis(diarge of hor duties, or that a 
 change of Principal would tend to render the Institute more 
 ellicient, it shall he the duty of the Governoi-s to dismi.ss her. 
 
 The Princij.ul to have the appointment of the teachers, house- 
 keepers), and other otilcors of the Institute, hut with the ap])roval 
 of the Governors. 
 
 Weekly moetingH of the Principal and teachers to be held for 
 consultii*ioii, in all matters bearing on the discharge of their 
 i-espeetivo duties, so as to presei-vo harmony in the Institute, 
 and to suggest impi-ovements to each other in the discharge of 
 any part of their duties ; and should discord unforlunafoly arise, 
 it shall be the duty of the Principal to investigate and report to 
 the Govei'nors, whose decision shall be final. 
 
 Goveriu)rs, however, to be very chary in giving any decision 
 trenching on tho authority of the Principal. 
 
 At the opening of the Institute, and for some years, till the 
 growth of the Institute requires an inci-ease of teachois, the 
 number shall be three, not including the Principal and three 
 Governesses; also, one French teacher, one Music master, one 
 Italian teacher, one Singing master, one Drawing master, and 
 one master in Painting. The scholastic year to be ten months. 
 Candidates for admission to the school should be at least fourteen 
 years of ago, and they shall be expected to remain until they 
 attain the age of eighteen years. 
 
10 
 
 Scholarships shall bo the gift of the rTOvernoi-s. ScholarshipH 
 to bo obtainod by fair iionomblo compotition. Tho foundiition 
 pupils, or those who shall bo awarded scholarships, to be at least 
 eighteen in number, of whom twelve shall be the daughters of 
 Protestant ministers in Canada, the preference to bo at all times 
 given to daughters of ministgrs of tho aforesaid Presbyterian 
 Church of Canada, in connection with tho Church of Scotland, or, 
 in case there should be formed a union of this Church with the 
 Canada Presbyterian Church, the daughters of ministers of the 
 thus united J3ody ; the remaining six to bo presented as herein- 
 after provided. And such foundation pupuc will be entitled to a 
 gratis board and education foi- the term of four years, or during 
 the term necessary to send them out of the Seminary, fully com- 
 petent to undertake the management of a school on their own 
 account. 
 
 The competitive examination for scholarships to be conducted 
 by the teachers of the school from examination questions pi-e- 
 pared by the Governors, or a committee of them, who shall have 
 power to call in one or more of tho Professoi-s of McGill College 
 to their assistance, and for this purpose only, but principally by 
 oral questions suited to the case. The answers should partly bo 
 in writing, but generally in oral answers, and the papeis sent 
 under seal to the Board of CTOvernors or to the Committee, who 
 shall decide upon theii- merits, Judging also of the oral answers of 
 tho sovoj'al candidates. 
 
 Tho course of study for tho school shall include religious and 
 moral instruction, based on the Bible. 
 
 Tho English and French languages, writing, arithmetic, use of 
 the globes, history, elements of mathematics, horticulture, noodle 
 work, vocal and instrumental music, drawing and German if 
 rocjuirod. 
 
 In order to secure the highest talent necessary for the efficient 
 conducting of the Institute, the said Testator recommends the 
 tbllowing scale of salaries payable annually to each, that is to 
 say, the principal, four hundred pounds ; head teacher, English, 
 two hundred pounds ; French, three hundred pounds ; insti-u- 
 mental music, two hundred pounds; vocal, one hundred and tifty 
 pounds ; housekeeper, one hundred pounds, all currency. 
 
 The salaiy of the head teacher of English to be increased as 
 soon as the numboi* of paying pupils in the Institute shall justify 
 the Governors in ao doing. 
 
11 
 
 The fTOVorn esses to iceeivo a small salary with educational 
 advimta^-es. 
 
 The head teacher of English shall 1)6 expected to assist the 
 Principal and act for her in hei- absence, and she shall be called 
 Vice-Pi-incipal of the Institute. 
 
 The salary of the Principal also to be raised under like circum- 
 stances should the Governtu-s deem it advisable to allow her any 
 educational duty, but at no time shall it exceed live hundred 
 pounds currency. 
 
 The salaries of the govei'nesses, infej'ior otficei-s and servants 
 of the Institute to be fixed by the governors. 
 
 All the teachers to bo unmarried ladies or widows, and have 
 their home at the Institute over and above their salaries. 
 
 All officials and servants to receive board free of exj>ense. 
 Should any addition for staff teachers be required, or household 
 servants, it shall be the duty of the governors to make such addi- 
 tions as circumstances of the state of the Institute may require. 
 
 Teachers and all officers to be paid quarterly. 
 
 In engaging teachers, and all connected with the Institute, he 
 governors shall be required to exercise prudence and considera- 
 tion for the special benefit of the Institute. 
 
 The allowance to governoi-s in Montreal shall be to each, dur- 
 ing the time of their holding office, (which shall not exceed five 
 years), two pounds ten shillingscurrency for each meeting which 
 they themselves respectively attend. Those coming from a dis- 
 tance to be allowed travelling and lodging expenses in addition. 
 
 The governors, either as a body or by committee, shall consult 
 frequently as to the literary government of the Institution, and 
 shall be required, at all times, when necessary, to visit and aid 
 the teachers in the discharge of duty, and deliver, or cause to be 
 delivered, as often as they may judge it for the benefit of the 
 Institute, lectures on suitable subjects, in science, history, litera- 
 ture, and religion ; but a regular monthly lecture shall be 
 required every year, in the months of December, January, 
 February and March, to be entitled the Iloss Lecture, 
 
 The lecturers in all cases to be chosen for their ability, and to 
 receive, besides their (ravelling expenses — should they come 
 from a distance — the sum of five pounds currency for each lecture. 
 
 The governors have the privilege of inviting the Governor- 
 General or Supreme Ruler of the Province, to preside at the 
 semi-annual meeting. 
 
12 
 
 Teachers in discharging their duty shall require to bo punctual 
 and faithful, endeavouring to improve themselves as much as 
 their pupils, thus keeping up with the improvements of the 
 times in conducting schools and ti-aining scholars — that the 
 whole business of the Institute shall be conducted with zeal, in- 
 telligence and efficiency. 
 
 The state of the Institute and progjuss of the scholars, are to 
 be ascertained by the governors of the Institute at stated periods. 
 
 The examination of the pupils to be conducted as nearly as 
 circumstances will permit, according to the pattern of the best 
 Universities, and under the direction of the governors. 
 
 The Governoi'-<Jeneral oi' Supreme Iluler shall i)e present to 
 preside, and in his al)sence the Chairman of the Board. 
 
 Examinators to be properly qualiHed persons appointed by the 
 govei'noi'S, and the i-esult of the examination to be recorded in 
 the Book of Kecord of the Institute, and published in some of the 
 leading newspapers of this city; the expenses attending the 
 examination to be defrayed by the governors from funds of the 
 Institute. 
 
 The examination to be conducted in a gentle, interesting way, 
 so as fairly to draw out the merit and show mental development. 
 
 Scholarships. 
 
 A Scholarship entitles the holder to boai'd and instruction for 
 a period of foui' years, the use of books, instruments, and all the 
 advantages of the Institute eligible to a Scholarship. 
 
 The candidate must be of the age of foui-teen years, sound in 
 body and mind, able to read, write, and spell correctly; have a 
 knowledge of elementary English and French grammai-, four tirst 
 rules of arithmetif, and the tirst principles of instrumental music. 
 The parents or guardians of the candidate must also present a 
 written certificate, signed by the medical adviser of the Institute, 
 certifying that they are in good health, and subject to no disease. 
 
 Of the six foundation pupils hereinbefore mentioned, one pre- 
 sentation is given to such pei'son or persons as are indicated for 
 that purpose in the last will and testament of the late E. M. 
 Easton, wife of lieverend Canon Leach. 
 
 One presentation is given to the Reverend Canon Leach, Vice- 
 Principal of McGill College, and his heirs forever. 
 
 One presentation 'a given to Florence Stephens, eldest daugh- 
 
13 
 
 ter of Eomeo Stephejis, of the said city of Montreal, Esquire, 
 merchant. 
 
 One presentation is given to the Eeverond Donald Eosh, B.D,, 
 the son of Hector Eoss, of Martinstown, Glcngany, Canada West. 
 
 One presentation is given to Christina Bruce, the grand- 
 daughter of John Bruce, one of the School Commissioners for 
 Lower Canada. 
 
 And one presentatton is given to Sophia Ross, the eldest 
 daughter of C. S. Eoss, Esq., oashier of the Commercial Bank of 
 Canada, Canada West. 
 
 Should it happen in course of time that the income of the 
 Institute becomes greatly in excess of its legitimate outlay, then 
 the governors shall establish a certain number of competitive 
 scholarships, the holders of which shall be entitled to the same 
 advantages and privileges as belong t(; the holders of the original 
 scholarships. All the pupils attending the Institute, except those 
 holding scholarships, shall be boarders in the Institute, and pay 
 for their board and education the sum of fifty pounds per annum, 
 the extra charges to such pupils shall be for washing, the use of 
 books, and di-awing materials and stationery. Should two sisters 
 be sent to the Institute, the charge shall bo forty-five pounds 
 each per annum, and when three sisters are sent, a further reduc- 
 tion of five pounds currency shall be made. 
 
 Eewards of merit to be adjudged to those who specially dis- 
 tinguish themselves by donations, or gifts of books, or their 
 value in money. 
 
 Tiie discipline of the school should appeal as much as possible 
 to the moral sense of the students, who should be taught to 
 regard the school as a second home, where good conduct on their 
 part is certain to ensure them all offices of kindness, considera- 
 tion and affection. 
 
 The principal of the school should not only be head of the 
 house, but the prudent, loving, and anxious mother of the girls, 
 so nmch of whose happiness and well-being are in her power. 
 
 The regulation, although strict enough to ensure order and 
 punctuality, should be as much as possible an imitation of a well 
 governed house, or household, where lady-like behaviour, unsel- 
 fish consideration of others, quiet, gentle courtesy, are made the 
 pr'^siding influences. The young ladies must take an interest in 
 household duties, share the details of domestic management, tak- 
 
14 
 
 ing in turn, under the direction of the principal, the superintend- 
 ence of the HervantH, ordering of the table, arrangement of 
 furniture, and all such domestic matters as might be entrusted to 
 their 8Ui)crvision in the house of their parents. 
 
 It is evident that the duties of principal in such a school can 
 be best discharged by a mai-ried lady ; she should, however, be 
 free from the incurabranc. a young family. 
 
 There should be four departmental medals, each medal to con- 
 <inuo in the department, and to be worn by her who will distin- 
 guish herself. 
 
 That in order to meet the growth of "^he Institute, it shall be 
 in \.\\(^ power of the governors to make suitable provision for its 
 extensions, and increase of usefulness, for the object contemplated 
 by the Testator; and to further still more his object, they are 
 hereby empowered to make such provision for its extension as 
 time and circumstances may require. And further, should it bo 
 deemed advisable, and the prosperity of the Institute and its 
 treasury admit, and tend to increase its usefulness by widening 
 the range of instruction, adding to its staft' of teachers, or in any 
 other way to render the Institute more etficient, it shall be in the 
 power of its governors to adopt such measures as the means at 
 their command, or the funds of the Institute may admit for its 
 further prosperity and usefulness ; and, moreover, should it be 
 found clearly an advantage to the Institute to have a department 
 for (raining such of the pupils as might desire to become 
 teachers, it shall be in the power of the governors — in order to 
 meet the wishes of such pupils as desire to become teachers — to 
 add to the Institute a training department for teaching. 
 
 The amount to be laid out in the erection of the Seminary 
 must be prudently expended, but with special regard to the com- 
 fort and convenience of the pupils ; and in the said Testator's 
 opinion, a sum not exceeding ten thousand pounds currency 
 should be sufficiently ample for the purpose. The building must 
 be plain and substantial, and devoid of all unnecessary decorations. 
 
 It is the desire of the Testator that the business of this Insti- 
 tute be ever conducted in the fear of God, with an eye to His 
 glory. 
 
 The Testator's prayer is that it may prove a blessing to thou- 
 sands in ages to come, and whose path raay be like that of the 
 just which shineth more and more unto the perfect day. May it 
 
16 
 
 over como under the management of God-fearing men and women, 
 whose heart and soul will bo in their work. 
 
 This the said Tentator desired when tlie Lord first prompted 
 him to make this will, and to the Lord of Glory be all the honour 
 ascribed, who shed His precious blood on Calvary that man 
 might be reconciled with his Creator and made a partaker of 
 eternal life through the blood of the everlasting covenant. 
 Hallelujah ! Praise ye the Lord. 
 
 It is the desire of the said Testator that a church, chapol, or 
 place of worship be erected in the House or Seminary sufficiently 
 capacious for containing two hundred persons or a larger number 
 if needed, and that Divine Service be performed therein every 
 Lord's Day. 
 
 The oi'gan to be placed therein to bo played upon by one of the 
 teachers or pupils at each service. 
 
 The foj-m of worship in every other respect to be Presbyterian. 
 Pupils, however, belonging to other denominations, shall be per- 
 mitted to attend their own churches, but only when in charge of 
 their parents or guardians, but shall on no pretence be absent 
 from the Seminary on Sunday evenings or otherwise subject to 
 expulsion. 
 
 The ministers' stipend for officiating therein shall be paid at 
 the discretion of the governors aforesaid. 
 
 Application may bo made to the Legislature for the purpose of 
 obtaining an Act of Incorporation for the said Seminary, in 
 accordance with the spirit of the said Testator's wishes as herein 
 set forth, so soon as the said trustees or governors may deem it 
 advisable, and in such Act of Incorporation provision may be 
 made for vesting the Corpoi-ation so to be created with all the 
 propert}^ hereinbefore mentioned, and with all the powers herein- 
 before conferred. All property bequeathed, transferved, or con- 
 veyed to the said trustees or to any one else in trust for said 
 Institute, for the sole use, benefit, and behalf of the said Seminary 
 or Institute — be the same bequests, privileges, or otherwise, 
 or from whatever source or channel the same may emanate, in- 
 cluding all gifts and grants, or otherwise — the whole shall be 
 applied in accordance with the intention of those from whom the 
 sum may have been received, provided it be not in contravention 
 of anything herein contained. 
 
 And for the execution of the present will and testament, the 
 
16 
 
 said Testator doth hereby nominate and appoint his said wife, 
 the said .Ian iOss ; Geor^^e VV. Stephens, son of Harrison 
 Ste])lienH, of Montreal, Esquire; (ho said Reverend John . I enkins, 
 and liis siiccessoi-s, ministers of said St. Paul's Church, and the 
 Uev. Alexander Matliioson, D.D., minister of said St. Andrew's 
 Church, Montreal, and ids successors, ministers of such church, 
 and the survivoi-s and survivor of thorn ; the said Jane Ross, 
 (ieorgo W. Stephens, John Jenkins and Alexander Mathieson, 
 and their successors aforesaid, all of whom the said Testator 
 appoints his executors, in favoi* of whom he doth, in conformity 
 to the law and custom of this Province, dis.eise, and divest him- 
 self of all his property, except the said "Trafalgar Property," 
 for the ends thereof. 
 
 The said executors who shall accept of oflRce, and bona fide act 
 as such, shall be each entitled to receive as a remuneration for 
 their services, the sum of one hundred pounds current money of 
 Canada. 
 
 The said executors shall have power to act as such, beyond the 
 year and day limited by law, and until the full accomplishment 
 of this will, and shall execute deeds and conveyances for all or 
 any part or parcel of the Testator's property, and grant acquit- 
 tances for the purchase money, and they are hereby empowered 
 to invest the proceeds, or any pai't thereof, at interest, for the 
 ends, intents, and purposes set forth in this will. 
 
 It is the Testator's desire that there should be no litigation 
 whatevei' in relation to anything herein contained, and in case 
 of any difference arising, the same shall be referred to amicable 
 arbitration. Two arbitrators shall be appointed, one by each of 
 the contending parties, with power to appoint an umpire, whose 
 decision shall be conclusive and final. The party attempting to 
 litigate shall forfeit all claim to any part of said Testator's 
 estate, and shall not be entitled to any privilege under this will, 
 or to any participation in said Testator's estate, and this clause 
 the said Testator declares shall not be considered merely as a 
 threat, but shall be of rigour and exceedingly binding, for such 
 is his intention. 
 
 The notary employed to wind up the said estate, and to make 
 an inventory, shall not be entitled to the charge as fixed by the 
 notarial taritf, but he shall be allowed a fair and reasonable com- 
 pensation for his time and trouble and skill. 
 
n 
 
 Hereby revoking all oihei* wills, testumonts, and codicils, that 
 he may have made prior to the [tresont, to which alone he doth 
 adhere, as containing his true intentions a>id last will. 
 
 Thus done, dictated word for word, and published and dochircd 
 by the said Testator for and as his last will and testament, to and 
 in the presence of us, tho said notaries, on the day, month, and 
 year first above written, in the office of William Ross, one of the 
 said notaries, tho present will and testament has thus been made, 
 declared, and published, /«/f dicte et minme by the said Testator 
 to us the said notaries, and l)y me, William [Joss, one of the said 
 notaries, reduced into writing in my own hand-writing, and by 
 mo twice duly road, Vr 'elu to the said Testator, who declared 
 that he understood the same well, and persevered in the deposi- 
 tions herein contained (Number Thirteen Thousand Two 
 Hundred and One.) 
 
 [n faith and testimony whereof the said Testator hath to these 
 presents, first twice duly road as aforesaid, set and subscribed his 
 name and signature, in the presence of us, the said notaries, also 
 hereunto subscribing. 
 
 (Signed.) DON. EOSS, 
 
 H. B. WEIGHT, N.P. 
 and W. EOSS, N.P. 
 
 As appears by tho original in my office, and of which I do 
 hereby certify tho foregoing to be a true and exact copy. Nino 
 words struck out are null and void; six marginal notes are good. 
 
 W. EOSS, N.P. 
 
 CODICIL. 
 
 On the fifteenth day of November, in tho year one thousand 
 eight hundred and sevonty-six, before tho undersigned Notaries 
 Public for the Province of Quebec, residing in the city of Mon- 
 treal, in the said Pi-ovinco, appeared, 
 
 DONALD EOSS, of the parish of Montreal, in the district of 
 Montreal, Esquire, the Testator in the foregoing will and testa- 
 ment, named, bearing date and executed before William Eoss, 
 
18 
 
 oneoftho subscribing Notaries, and his colleague Notary, the 
 nineteenth day of March, one thousand eight hundred and sixty- 
 seven, who being desirous of making a codicil to the same, hath 
 dictated to mo, the said William lloss, in the presence of J. B. 
 17ouk', Esqiiii'ii, our confrere Notary, the said codicil, word for 
 word, as follows : 
 
 I give, devisi!, and betiueath, from and aftoi* my decease, unto 
 my beloved wife, Jare Jloss, dui-ing her natural life, in addition 
 to, and over and above what she i.-. entitled to by our marriage 
 contract, the usufruct and enjoj^ment of all and singular the pro- 
 poi'ly, real and pei'sonal, moveable and immoveable, of what 
 nature, kind, value, and description soever, and whei-esoever 
 situate, and being of which I shall die possessed oi- to which I 
 shall be in any-wise enlitled at f he time of my decease, subject to 
 tlie payment of the following legacies or bequests : 
 
 Unto Grrace J. TJirnie and Maria Raylor, the two daughters of 
 the Reverend Donald Ross, formerly of Chatham, now ofLaehine, 
 minister of the Gospel, the sum of two hundred and tifty dollars 
 each. 
 
 Unto my sister Jess or Janet, wife of Alexander Ross, two 
 hundi'ed dollars. 
 
 Unto my cousin Kate Ross, wife of 0. Gelhings, of Quebec, 
 one hundred dollai'S. 
 
 Unto my cousin Etfy, wife of Hope Sewell, of Quebec, one 
 hundred dollars. 
 
 Unto "William Munro, son of Donald Munro, of Delny, by 
 Invergardon, Ross-shire, Scotland, the sum of two hundred dollars. 
 
 Unto my cousin, sister of the said Mrs. Sewell, and widow of 
 the late Mr. Lemoine, of Quebec, one hundred dollars. 
 
 I hereby cancel and revoke the legacy or bequest to my cousin 
 Eliza F. Ross, stated in my said last will. 
 
 T give, devise, and bequeath unto Kate Ross, my sister, two 
 hundred dollars. 
 
 All, each, and every one of the aforesaid legacies and bequests 
 shall be paid without interest by my said wife unto the said 
 legatees annually, beginning twelve months after my decease, in 
 curj-ent money of Canada. 
 
 Unto James Nairn, now and for many years ray gardener, I 
 give, devise, and bequeath the sum of four hundred dollars said 
 
19 
 
 euiTont moiioy, to bo onco paid only, when it is convenient to 
 ray «aid wife, and without intorost. 
 
 All the pn)|MM'ty, lioiiucnts, and sums of money hereby 
 bo([Uoathod shall bo exempt froia soi/iUro. 
 
 r appoint Romeo II. Stevens, of the t.ai'l city of Montreal, 
 Insurance Agent, and David J. Gi'Menshields of the said o.'ty, 
 morcdiant, of the firm f)f S. (freenshioMs, Son k Coinpany, of ti>o 
 said city, and the survivor, to be ray executors, and to act as suc/i 
 beyond the year and day limited by law until the full accom- 
 plishment of my said last will and testament. 
 
 I hereby transfer the powers vested in the executors by my 
 said last will and testament to my executors hei-ein named, and 
 five hundred dollars shall be paid to each, when convenient to my 
 estate, as a remuneration to my said executors for their services. 
 
 r confirm my said last will and testament, except where it is 
 altered by this codicil, and I hereby revoke all former codicils 
 made by me. 
 
 Provitlod always that ray said wife shall under all circum- 
 stances be entitled to the aforesaid usufruct or enjoyment, includ- 
 ing her rights under her marriage contract annually, and the 
 donations or legacies hei-ein made to the other legatees shall bo 
 in abeyance or remain (j^uiescent until the mortgage of the Epis- 
 copal Church Society for the sum of five thousand six hundred 
 dollars is paid off. 
 
 Should anything happen to my said executors I appoint in the 
 place of either, Alexander Mitchell and Alexander McPliorson, 
 both of the said city, merchants, and they shall be entitled to a 
 similar sum of five hundred dollars each for their services. 
 
 After the death of my said wife ray said executors shall assume 
 the payment of the said legacies. 
 
 Any letters I may have given to individuals for donations pro- 
 mised after my death are hereby cancelled. 
 
 This done, dictated word for word, and published and declared 
 by the said Donald Ross for and as a codicil to his said last will 
 and testament, to and in the presence of us the said Notaries, in 
 the office of the said William Ross, on the day and yeai- first 
 above written, in the afternoon. 
 
 The ])resont codicil has thus been made, declared, and published 
 fait dicte et nomme by the said Donald Ross to us the said 
 Notaries, and by the said Williara Ross twice duly read to the 
 
20 
 
 said Donuld Uosh lu et Hlu in the prcHonco of tlio suid Bouuld 
 Eo«8. 
 
 Ill fulth and testimony whereof tho naid Donald Koss hath to 
 thoso prosonls llrHt twice duly read, set, and Huli.scrihed his name 
 and signature — the Kaid Donald Rosh, in (he priisciice ol' iih the 
 said Notaries and with said N<»laries hath signed I his codicil alter 
 its liavin^ l)0«'n twice duly read to him l»y the said William Koss 
 in the jireaence of his said CDnfrei'o and in tlie prosenco of said 
 Donald J{oss, number Thirtoe^' Thousand i<]ight Hundred and 
 
 Forty. 
 
 (Signed), 
 
 DONALD KOSS. 
 
 J. B. IlOUiiPX N.P. 
 W. EOSS, N.P. 
 
 I certify the foregoing to ho a true copy of the original in my 
 office. 
 
 W. EOSS, N.P. 
 
21 
 
 CAP. XLIII. 
 
 An Act to incorpomto " Tlie Tratalgar Institute" for the educa- 
 tion and traininjjf of the mid(ile and higher ninkis of fomaloB. 
 
 [Assent ad to 23r</ December, 1871.] 
 
 WIIKRJOAS tlio poiHons hi'ioinaftor mentioned have, by p^^.„„j,j,g 
 their petition, prayed ibr an act of incoi-poi'ation of a 
 Seminary or lll^stitution, for the education and training of the 
 middle and hii^hor ranks of females, to be called "The Trafaiir.ii' 
 Institute," and it in expedient that the prayer of their petition 
 be granted ; Therefore, Jler Majesty, b^- and with the advice and 
 consent of the Legislature of (iueboc, enacts as follows : 
 
 1. Donald Uoss, of the parish of Montreal, in I ho province ofcortnin 
 
 ooriionitcd. 
 
 Quebec, Esquii'e, and such successor or successors to the said oorT.""*' '"" 
 
 Donald Uoss as may bo appointed and nominated as such, from 
 time to time, by the board of trustees of St. Paul's Chuich, here- 
 inafter mentioned, from amongst the members (jf such board; 
 the Very lleverond William Snodgrass, D.D,, pi-inei[)al of (Queen's 
 College, Kingston, in the Pi-ovince of Ontario, and his successors 
 j)rincipals of said college; the Venerable William T. Leaih, 
 LL.D., archdeacon of Montreal, in the Province of (Quebec, in 
 connection with the Ciuirch of England in Canada, and his suc- 
 cessors, archdeacons ot Montreal; John W. Dawson, LL.D., 
 principal of Mcdill College, in Monti-eal, aforesaid, and his .suc- 
 cesors, principals of said McClill College; the Keverend John 
 Jenkins, D.D., minister of the Church of Scotland, in Monti-eal 
 aforesaid, called and known as " St. Paul's Church," and his suc- 
 cessors, ministers of the said St. Paul's Church; the Reverend 
 Gavin Lang, minister of the Church of Scotland, in Montreal 
 aforesaid, called and known as "St. Andrew's Church*'' and his 
 successors, ministej-s of the said St. Andrew's Church; the 
 Reverend Donald Ross, B.D., a minister of the Church of Scot- 
 land, residing at Chatham, in the Province of Quebec ; Alexander 
 Mitchell, of Montreal, aforesaid, merchant, and such successor 
 and successors of the said Alexander Mitchell as may be 
 
oo 
 
 Nnmo iinil 
 
 corpiiriitc 
 
 powers. 
 
 Power 
 to iniikc 
 by-laws. 
 
 nppointed aiui nominutod as Mich, from (ime to lirni', liy i\w kirk 
 neHHiou ot'suid St. Aiidrow's ('liuicli from ninnn/^st tlK'ir moni- 
 borN; Hiid Alexandor Maiplioison, <if Moiitroal, uloiosaid, tnor- 
 ehnnt, und Huch MUuc'OMsor and siu'cokwois to the said Aloxaii<U'r 
 MacplicrHoii, aw may l»i) appoinlod and noniinalcd as such, Iroin 
 time to time, by the kirk session ol said St. Paul's (Church from 
 amongst their nuunlicrs, shall be an<l they ai-o hereby constituted 
 a body coiponito and politic, in name and in deed, by the name 
 of" The Trafalgar Institute," for the education and training of 
 Iho middle and higher ranks of fenuUes, and by siu'h name shall 
 have a j)eri)etual succcHsion and a common seal, with jjower to 
 change, alter, break, or make now the Hamo, as often as they 
 nhall Judge expodieni ; anil by such luime shall and may contract 
 and be contracted with, sue and be sued, imjdead and bo im- 
 pleaded, answer and be answered, in all coui'tH and places what- 
 i"oevor in this province ; and by such name shall bo able and 
 caj»ablo in law to purchase, take, have, bold, receive, enjoy, pos- 
 sesH, and retain, without license in mortmain, or leftrcs d'ainortisse- 
 mi'Jit, all messuages, lands, tenements, and other description of 
 real or immovable propert}', moneys, goods, chattels, debts, 
 credits, anti other di'scription of personal or movable property, 
 by any and every descrij)tion of title, whether gift, purchase, 
 devise, will, lease, or other description of title whatsoever; jtro- 
 vided always that the real or immovable property to bo held per- 
 manently by the said corporati<m shall not exceed in annual 
 value the sum of thirty thousand dollars currency; and the same 
 to let, lease, mortgage, exchange, or otherwise alienate, subject 
 and without prejudice to such trusts as may be declared of and 
 concerning the same, in the title under which thoy are or ma^- 
 be held ; and may and shall do, perform and execute all and 
 every lawful act and thing useful and necessary for the purposes 
 aforesaid, in as full and ample a manner, to all intents, construc- 
 tions, and purjtoscs whatsoever, as any other body politic or cor- 
 poi-ate by law may or ought to do, ])erform and execute. 
 
 2. The said coi-poration shall have power and authority to 
 frame and make statutes, ordinances, by-laws, rules and regula- 
 tions, touching and C(mcerning the conduct and management of 
 the afl'airs, moneys, property and ott'ects of the said Institute, 
 the good government of the said Institute, the performance of 
 divine service therein, the studies, lectures, and exercises of such 
 
InHlituto, th(* (iimliliciiliuii, jip|)()iiitiinim, rt>i(h>ii('(^ unil n'umv.'il 
 of tlu» princlpiil, tciiclicrM ati'l oUlcors tiinl sorviuitrt of tho said 
 Itislitulo, iirxl tKiK'liiiiu; iiiid coiu'Di'iiiii^ uriy iiiul ovoiy otlicr 
 mutter or tiling wliidi lo th«» said ('((ritonition may sooin jjfooci, 
 M(. or usot'ul tor tlio siiid Institute. 
 
 :{. Tho real ostulc Mitiiatc <»ti tlio soutli-oastoru slo|i(^ of tlio,.„rfain 
 tnoiiiitain, froiitini;' on tho (Jolo dcs Nei^-os road, in llio parish of J.';';i|j;j"i',','*' 
 Montreal, and known as the Ti'atid,<>-ar |»rop((rty, which was pur- 'l.'.'^jj'i'i'f^^ 
 ehusod and ae«|uired from tho said Donald Ross, of the parish of 
 Montreal, Ksipiiro, hy tho said othor persons mentioned in tin' 
 tirwt Noetion of this act, hy deed of sale executed on the Ihirtielh 
 day of June, one thouNand ei<:fhl hundi-od and suventy-one, heforo 
 William Ross, notaiy piihlic, tinder the numhor (hirt(^on liiousand 
 six hundrod and nine, is hereby vested in the said eorporation 
 "The Trafalgar rnstituto." 
 
 4. Tho death of any of the persons monliorufd in the first sec- 
 tion of this act, or of any of their successors, or Ihe failnre oftion'no't'' 
 appointment of a sncccss(»r to, or vacancy tVom time to lime in iiy (icath, 
 uny of the offices of principal, archdeaccm, and minister eiuime- '"""""*'"'"' 
 rated in the said first Hootion, or the failure of appointment of 
 MUCcoHsorn to tho said Donald Kosh, Alexander Mitchell and Alex-, 
 under Mac[>herson, or uny of thom, shall not dissolve, or oihor- 
 wise im[)air or affect the said corporation, which shall continue 
 to subsist, to all intents and pui-|»{)ses whatsoever, as fully and 
 etl'ectually as if no siu-h death, failure of appointment of asuccos- 
 8or or successors, or vacancy, had occurred. 
 
 CAP. Lxvm. 
 
 An Act to amend the Act to incori)orato "Tho Trafalgar 
 
 lu.stitute." 
 
 [Assented to 24th December, 1872.] 
 
 ^1 niERKAS " Tho Trafalgar lustitute" has, by its petition, , 
 VV prayed to obtain certain amendments to the act ,)f^''*"''"*''''- 
 incorporation, thirty-fifth Victoi-iu, chapter foi-ty-threo; and 35 v.. c. 43. 
 whereuH it is expedient to legislate in the premises ; Therefore, 
 Her Majesty, by and with the advice and consent of tho Legisla- 
 tui'e of Quebec, enacts as follows : 
 
24 
 
 Additidniii 1. Addil ioiial membcris oi' the corpoi-ation undoi- the act may be 
 may^be"^ olcctocl in tho niaiinei' following : I'^vcry subscriber of one ( housand 
 c octed. cioUarH to the endowment lund of the coi'poration, shall have one 
 vote in the a]»]i()intmcnt of elective members, and an additional 
 vote foi' each additional sum of the same amount, and for every 
 twenty Huch votes one member may be elected by the subscribej'w. 
 Meeting for '•2- ^0 «f^<>n as the suhsci'iption ])aid in shall amount to twenty 
 niomber".' times the above value, and for each additional twenty, notice 
 shall bo g-iven to the subscribers by circular or advertisement, in, 
 at least, two newspapers ]>'iKlished in Montreal, of which one in 
 the English languag-o, and the other in the French language, to 
 meet at some suitable time and place for the election of a mem- 
 ber or members, at which meeting a member of the corpoi-ation 
 shall i)rcside, or should no member be present, a chairman shall 
 bo elected by the meeting, and the secretary of the cor])oration, 
 or a tempoi-ary secretary appoirted in his absence, shall record 
 the votes and communicate tho same to the corporation at their 
 next meeting ; members so elected must be and continue to be 
 members of some Protestant denomination whatever in the pro- 
 vince of Quebec, and shall hold office until death or resignation. 
 
 ,, ,. 3, When a vacancy shall occur in the immber of elective mem- 
 
 Mcetings '' 
 
 for election bers, the Corporation shall, at its nert meeting, api)oint a meeting 
 to fill of the subscribers before mentioned for the tilling of such vacancy 
 
 VHcancies. "^ 
 
 by election. Failing such election, the corporation shall itself 
 pi-oceed to elect a tit and proper person, keeping in view so far 
 as possible, the representation of the several Protestant denomina- 
 tions of tho Pj'ovince of (Quebec, in the corporation, and any sub- 
 scriber of five thousand dollars, may, by deed or will, transrerhis 
 right of election to another person, but such transfer sliall be 
 made known in writing to the corporation, and shall be i>pproved 
 by them and entered in their list of subscribei's. 
 
 Corpora- -i- Tho coi-])orati()n may receive subscriptions conferring upon 
 recci'vei^ub- the subscj'ibcrs the right to noi.xinate students for free tuition, or 
 conTerrili'g ^^'^'^ board. Oil sucli torms as may be agreed on, but such subscrij)- 
 nomi'natc ^ions shall not entitle the donors to votes in the election of mem- 
 glJ-pl^'^"^^'"' bers, so long as the Institute is burdened with the obligation to 
 provide such scholarships, and it shall be lawful for the corpora- 
 tion to refuse any subscriptions to the Institute if burdened with 
 conditions which they may regard as either inconvenient or in- 
 jurious. 
 
25 
 
 W 
 
 CAP. LXVI. 
 
 An Act respecting -'The Tratklgtir Institute." 
 
 [Assented to 'S{)th March, 1888.] 
 lIl^mEAS, the Haid "Trafalgar Institute," have, by their p^^^^^^j^ 
 
 petition i-epresented, that at the city of ]\[ontreal, in the 
 district of Montreal, on the nineteenth day of IMarch, in the year 
 1867, belbi-e William Ross and Jleniy Blake Wright, notaries 
 ])ublic, Donald Ross, of the parish of Montreal, in the district of 
 Montreal, Ksquire, seignior of the Seigniory of St. George, in the 
 said district, duly made his last Will and Testament, wherein and 
 whereby, among other things, the said Donald Ross made the 
 following devises and bequests, to wit : 
 
 "The said Testatoj- hereby gives, devises and bequeaths the 
 property on the South Eastei-n slope of the Mountain, and front- 
 ing on ihe Cote-des-Nciges road, known as the " Trafalgar 
 l^ropei-ty," and purchased by him at Sheriffs sales, to the Rev. 
 Alexander Mathieson, D.D., ministoj- of St. Andrew's Church, 
 Montreal, and to his successors, ministers of such church ; the 
 Rev. John Jenkins, D.D., minister of St. Paul's Church, Montreal, 
 and to his successors, ministers of said chui-eh ; John Greenshields 
 and Hugh Allan, both of the city of Montreal, the two lay mem- 
 bers of the board of trustees of (Queen's College, Kingston, resi- 
 dent in Montreal, and to their successors, lay members of such 
 board as may be i-esident in Montreal, the Venerable William T. 
 Leach, archdeacon of Montreal, in connection with the Canadian 
 branch of the Church of England, and to his successors, arch- 
 deacons of Montreal, the Rev. William Snodgrass, principal of the 
 said (Queen's College, and to his successors, principals of the said 
 (Queen's College, and John W. Dawson, LL.D., principal of :McGrill 
 College, in trust so soon as the accumulated revenue of such pro- 
 perty, and the rest and residue of the testator's estate and pro- 
 perty, and such donations and bequests as may be given by other 
 partiv^s for the purposes hereinafter stated, shall, in the judgment 
 of tht) executors hereinafter named, amount in value to the sum 
 of one hundred thousand pounds currency, after payment of the 
 
26 
 
 legacies to the exeoutors hereinafter juentioned, and of all the 
 testator's just debts, and funeral and testamentary oxj)enses, to 
 erect, establish and tbi-ever maintain on the aforesaid j)roperty, 
 known as the Trafalgar prt)perty," a Seminary or Institute to be 
 cjUled •' the Eoss Institute," tor the educational training of the 
 middle oi- higher I'anks of female society ; sub^^ v;t, however, to the 
 several ti'usts, conditions, limitations and pro\\sions hereinafter 
 declared."' 
 
 "And with regard to the rest and residue of the said testator's 
 estate, real and pei-sonal, moveable and immoveable, of every 
 nature and description whatsoever, and whci-esoever situate 
 (including all the property that shall revert to this estate, at and 
 aftei' the death of the special legatees hei-einbefore firstly enumer- 
 ated) the said testator hereby gives, devises and bequeaths the 
 same to his executors bereinaftei- named, in trust, to numage and 
 administer the same until, in the Judgment of such executoi's, the 
 property presently bequeathed, together with the accunmlated 
 revenue of the aforesaid property, known as the " Ti-afalgar 
 propei'ty," and with such donations and legacies as may be given 
 by other parties for the purposes of the aforesaid institute, shall 
 amount in value to one hundred thousand pounds, after the pay- 
 nent of the legacies to the executors hereinafter mentioned, and 
 of all the testator's debts, and funeral and testamentary expenses, 
 and then, to sell and convert into money the whole of such i-est 
 and residue of the testator's said c.-ilate, and invest the same in 
 first class mortgages on real estate or bailleurs de fonds, bank 
 stocks, or otlier description of commercial stock, or in Govern- 
 ment securities, or other description of safe investment, and then 
 to assign, transfer, convey and make over the whole of such 
 moi'tgages, stocks, securities or other desci'iption of inveatment, 
 and all and singular the rest and residue aforesaid of the said 
 testator's estate and property of every kind and desci-iption gen- 
 erally, whatsoever, after deduction and payment of the legacies 
 hereinafter bequeathed to the said executors, and of ail disburse- 
 ments and expenses incurred by them in the execution of this will, 
 and the management of the said estate and property, unto the said 
 trustees hereinbefore named and appointed, to be ever thereafter 
 held, used and enjoyed by the said trustees and their successoi-s, 
 in full propei'ty in trust for the aforesaid '' Eoss Institute." 
 
 " And with resjDect to the said institute so to be erected, estab- 
 
21 
 
 linhod and maintained, tho said testator hereby declares thai his 
 intention is to do the ^i-eatesl amount of good possible in educat- 
 ing the I'otnale sex, or young girls, and towards tho attainment of 
 the object in view, the said testator doth hereby declare it to be 
 his will and plcasui-o that the whole of the ground comprised 
 within tho limits of the said property known as the " Ti'afalgar 
 property," together with all the houses and buildings thereon 
 oi'octcd, shall be appropi'iated to tho said Inslitute, together with 
 the present greenhouse or greenhouse to be erected thereon in 
 connection with the Seminarj'. 
 
 " The trustees hereinbefore named acd their successors shall bo 
 governors of the said Institute." 
 
 And whereas, the said Donald Tioss, among other regulations 
 as to the said Institute, further directed as follows, to wit : 
 
 "The allowance to govornoi's in Montreal shall bo to each, 
 during the time of their holding office (which shall not exceed 
 five years) two pounds ten shillings currency for each meeting 
 which they themselves respectively attend. Those coming from 
 a distance to be allowed travelling and lodging expenses in 
 addition. 
 
 And further as follows : 
 
 " Application may be made to the Legislature for the purpose of 
 obtaining an act of incorporation for the said seminary, in accord- 
 ance with the spirit of the sai^ testator's wishes as herein set forth, 
 so soon as the said trustees or governors may doom it advisable, 
 and in such act of incorporation, provision may be juade for v-st- 
 ing the corporation so to be created with all the property herein- 
 betbre mentioned, and with all the powers hereinbefore conferred; 
 all propert}' bequeathed, ti-ansferred or conveyed to the said 
 Ti'ustees or to any one else in trust for the said Institute, for the 
 sole use, benetit and behoof of the said Seminary or Institute, be 
 the same beciuests, privika - or othoj-wise or from whatever 
 sour"e or channel tho same .lay enumate, including all gifts and 
 grants or otherwise, the whole shall be applied in accordance 
 with the intention of those from whom the same may have been 
 received, pj-ovided it be not in couti'avention of anything herein 
 cimtained." 
 
 '* And for the execution of the present will and testament the 
 said testator doth hereby nominate and appoint his said wife, the 
 
28 
 
 said Jano Ross ; (reorge W. Stephens, son of Harrison Stephens, 
 of Montreal, Rsquiro; the said Rev. John Jenkins, and his suc- 
 cessors, ministers of the said St. Paul's Church, and the Rev. 
 Alexander Mathioson, D. D., minister of the said St. Andrew's 
 Church, Montreal, and his suecessors, ministers of such church, 
 and the survivors and survivor of them; the said Jane Ross, 
 (-foorge W. Stephens, ,)ohn .lenkinsand Alexander Mathioson, and 
 their successors aforesaid, all of whom the said testator appoints 
 his executors, in favor of whom he doth in conformity to the law 
 and custom of this Province, disseize and div^est himself of all 
 his property, except the said Ti-afalgar property, for the ends 
 thereof." 
 
 "The said executors shall have power to act as such beyond 
 the year and day limited by law, and until the full accomplish- 
 ment of this will, and shall execute deeds and conveyances for 
 all or any part or parcel of the testator's property, and grant 
 acquittance for the purchase money, and they are hereby empow- 
 ered to invest the proceeds, or any part thereof at interest, for 
 the ends, intents and purposes set forth in this will." 
 
 And whereas, by the act of this Province, 35 Victoria, cap. 43, 
 amended by 36 Victoria, cap. 08, the said testator and the persons 
 to whom the said Trafalgar property was so devised in trust, 
 were created a body corporate by the name of " The Trafalgar 
 Institute," for purposes identical with those set forth in the said 
 last will and testament. 
 
 And whereas, it appears by the said petition that the said act 
 of incorporation was obtained at the instance of the said Donald 
 Ross, and in furtherance of the said last will and testament. 
 
 Ami whereas, a deed of sale was executed on the 3Uth day of 
 June, 1871, before William Ross, Notary Public, under the 
 No. 13,609, between the said Donald Ross and the said other 
 persons, whereby, as well as by the 3rd section of the said act, 
 the said Trafalgar jn'operty was therein and by the said acts 
 vested in the said Trafalgar Institute. 
 
 And whereas, at the said city of Montreal, on the 15th day of 
 November, in the year 1876, beibi'c William Ross and J. B. llouie, 
 Notaries Public, the said testator made a codicil to his said last 
 will and testament, whereby, without in any way altering the said 
 devises and bequests to the said Ross Institute, in the room and 
 stead of the said afore-mentioned executoi-s, appointed Romeo H. 
 
29 
 
 Stephens, of the city of Montreal, rnsuranoo aujent, and David ,T. 
 (iin^enshiolds, of tlio suid city, mei-chant, and the survivor to be his 
 exoeutors, to act as such beyond the year and day limited by law, 
 and to be vested with the powei's vested in the executors so named 
 by his said last will and testament; and the said testator further 
 provided that should anyliuiiL'' happen to his said executors. 
 iVIexander Mitchell and Alexander Macpherson should act in their 
 })lace and stead. 
 
 And whereas the said Romeo IT. Stevens and David J. Green- 
 shields have declined to act as such executors, and the said Alex- 
 ander Mitchell and Aloxiindor Macpherson are acting in their 
 stead and administerinuj said estate. 
 
 And whereas the said '' Trafal,i!;ar Institute " have by their said 
 petition prayed for an act more fully detinini;- the intentions of 
 the said Donald Eoss. as so expressed by him and for certain 
 amendments to their said act of incorporation. 
 
 Therefore. Her Majesty, by and with the advice and consent of 
 the Legislature of (Quebec, enacts as follows : 
 
 1. The rest and residue of the said testator's estate, real and certain 
 personal, moveable and immoveable of every nature and descrip-^^^gj'jfj j^ 
 tion whatsoever and wheresoever situate, (including all the j'''A*^A'^'" 
 ])ro])erty that has reverted or shall revert to his estate, at and 
 
 after the death of the special legatees in the said will and codicil 
 mentioned) are declared to have been given, and devised under 
 the said trnst, and as by the said will provided, for the said 
 Trafalgar Institute ; and the said Trafalgar Institute is ratified and 
 contirmed in, and declared to have been and to be -entitled to and 
 possessed of all and every the rights, powers, privileges, titles 
 and endowments so given by the said will and codicil, to as full 
 and ample an extent as if its name had appeared in them, and 
 each of them in the room and stead of the Eoss Institute. 
 
 2. The executors of the said late Donald Eoss and all the 
 persons who shall or may represent or succeed them in the admin- certain 
 istration of the said estate are hereby authorized and bound to 
 administer the same for the benefit of the said " Trafalgar 
 Institute." 
 
 ?>. In the event of the said executors Alexander Mitchell and Provision 
 Alexander Macpherson, or either of them, dying or declining [g^-erkig'"' 
 to act, ov of a vacancy in any wise occuriMng in the said executor- •'"""p^^^^ '" 
 
30 
 
 event of 
 iluiith of 
 oerrain 
 Executors. 
 
 shipH, then the sjiid Ti'utalgar IiiHtitiite sluill at once and ipsofacto 
 become Hoi/od and possessed of tlio said obtate, with power to 
 administer the same to the same extent, tor the same purposes 
 and subject to the same conditions (in so far as not exphiined or 
 altered by this act) as are provided for by tht» said Last will and 
 testament and the said codicil. 
 
 Power of 
 Institute 
 wlii'ii 
 vested with 
 
 4. The said " Trafalgar Institute/' upon becoming seized and 
 possessed of the succession shall bo vested with power to sell and 
 property." " convert tho real and pei'sonal estate, to execute all necessary 
 deeds and conveyances thereof, to grant acquittances therefor, to 
 invest the sum or sums of money thus arising, in I'cal securities, 
 oi' ])ablic stocks, or funds and to vary the investments, from time 
 to time, as is found best; the whole upon the trusts contained in 
 the said last will and testament and tho said codicil. 
 
 Institute 5. The said ' Ti-atalgar fnstitute " may further, after the pay- 
 
 nmy ereet . ° ./ i r j 
 
 buiiiiiiiK torment of all prior charges imposed by the said late Donald Boss, 
 Ac. at once proceed to erect, establish and maintain on the said 
 
 Trafalgar property the said "Semintiry or l^rafalgar Institute," 
 Jind may also at once proceed to administer such other bequests 
 and douiitions as may have been or may be given for the estab- 
 lishment of classes for women or other educational objects consis- 
 tent with the purposes of the Institute. 
 
 Certain lay ^- St)"ioi' ^Y appointment, the two lay members of the board 
 Jj,^,J"j^,7''^ of trustees of Queen's College, Kingston, who are resident at 
 nl",'r.*,?'^^ "^ Montreal, and their successors, such lay members of said board 
 u'lmMii-" '"^^ ^^^y ^*^ resident at ^Montreal (but not at an^^ time exceeding 
 
 two), are hereby created and made members of tho said " Trafalgar 
 
 Institute." 
 
 i)ors of 
 
 Trafalgar 
 
 Institute. 
 
 Members 
 to act as 
 governor!- 
 thereof. 
 
 7. The members of the said Institute shall be and act as the 
 governors thereof, any limitation to the contrary notwitstanding. 
 
.31 
 
 TRAFALGAR INSTITUTE. 
 
 Adopted at the the Annual Meeting of the corporation, held 
 
 Hth May, 1885. 
 
 1. The officoi'H of the corporation shall ho a president, vico- 
 pi-esident, and Heei'etary-ti-easui'cr; the latter to be cithei- a 
 meniber of the corporation or a salaried officer of the same, as 
 may Ik- deemed expedient, and the offices of secretary and 
 treasuri'r may be separated so soon as this may seem expedient 
 to the corpoi-ation ; but only one of them may be a salaried 
 officei-, and until the offices of seci-etaiy and treasurer are so 
 separated, the duties to be performed by the secretary and 
 treasui-er respectively, shall bo performed by the secretary- 
 treasui'or. 
 
 2. The officers shall be elected by ballot at a meeting of the 
 corporation, to be held aimually on the second Thursday of May, 
 or failing this, on a suitable day to be fixed by the corporation. 
 Any vacancy occurring amongst the office-bearers may bo fdled 
 for the unexpired remainder of the term at any special meeting 
 of the corporation. 
 
 3. Special meetings may be called by the president or by any 
 two membei-s, through the secretary. 
 
 4. Notices of meetings shall be deemed to have been validly 
 given if mailed at least fourteen days previous to the day fixed 
 for holding the mooting to the then last known address of the 
 persons entitled to receive the same. The chief business to be 
 transacted at any meeting shall bo indicated in the notice thereof. 
 
 5. At all meetings of the corporation, the president, or in his 
 absence, the vice-president, or in the absence of both, a member 
 elected for the occasion shall take the chair. All questions to be 
 determined shall be decided by a majority of the votes of the 
 members present, and, in case of an equal vote being given on 
 both sides, the chairman shall have a casting vote in addition to 
 his vote as a member. 
 
 6. There shall be an executive committee composed of three 
 
32 
 
 momboi'H of (ho corporjition, I'osidoiit at Montreal, (o l)o oloctod 
 at the annual i^onoral mooting, or failinij this, at the noxt special 
 •general nieetini^, after the date fixed foi* the annual <^oneral 
 meeting', and also of the |)ro8ident and seerc^tarytroasiirer hein^ 
 a member of the corpoi-ation as cx-ojHcio members; but hIiouM 
 the socrotary-troasuror not be a moinbei' of the corporation then 
 his place as such ex-ojficio menibei' of the committee shall be tilled 
 by the vico-j)rosi(lont. 
 
 7. The duties of the executive committee shall be to superin- 
 tend the maintenance of the buildiui^s and pro|)erty of the 
 Institute, with power to make all contracts and payments 
 re(|uisite therefor ; to have supervision over the lady princijial, 
 teachers, and othei- officers, with power to make temporary pro- 
 vision in case of vacancies ; to supervise the courses of study, 
 and the discipline to be observed, and generally to exercise full 
 control and superintendence over the current working of the 
 Institute. The committee may also make such investment of 
 the funds of the Institute as they may from time to time deem 
 advisable. Tlie powers hei-eby conferred shall be exercised sub- 
 ject to Articles 8 and !>. 
 
 The acts of the executive committee shall always be reported 
 to the corporation at its next meeting thereafter, and shall be 
 subject to revision by the corporation. 
 
 During the sessions of the Institute monthly meetings of the 
 committee shall be held. 
 
 8. The president and secretary shall have the custody of all 
 securities, title deeds, and other papers, and shall sign all legal 
 documents on behalf of the corporation, and affix the common 
 seal of the corporation to the same, and any paper or document 
 so signed and sealed shall be held and deemed to have been 
 legally executed by the Institute. 
 
 9. The treasurer shall deposit the monies in his charge, upon 
 receiving the same, in such chartered bank as the corporation 
 ma}' direct. All payments of money shall be authorised by the 
 executive committee. The treasurer shall pay monies by cheque, 
 countersigned by the president, and shall keep the accounts of 
 the corporation, and shall submit the same when required. He 
 shall also ])resent a full statement of accounts, properly audited, 
 at the annual meeting. He shall give such security as may be 
 j'equired by the corporation. 
 
33 
 
 10. In the absence, or inability to act, of the prcfiidont, the 
 vice-preHidoiit sshall fill bin place and perform all diitioH incum- 
 bent on the president, and in case of tlio absence, or inability to 
 act of both the ])resident and vice-piesident, a member shall be 
 elected by the corporation acting president pro temp, ; and in the 
 absence, or inability to act of the secrctai-y or treasurer, a Kuit- 
 ablc i»ors(>n may, in like manner, be appointed acting secretary 
 or treasurer, as the case may be. 
 
 11. The seci'etary shall keep the minutes of meetings, and all 
 necessai-y books of the corpoi-ation ; and shall conduct correspond- 
 ence and prepare reports, and other publications of the corpora- 
 tion, and call all meetings of the corporation. 
 
 12. At each annual meeting, or failing this, at a special meet- 
 ing of the coi-poration, one or more auditors shall be appointed 
 hy the vote of the members present, to audit the accounts sub- 
 mitted by the treasurer. 
 
 13. By-laws may be made or amended or annulled by a 
 majority of the members of the corporation present at the annual 
 meeting or at a meeting regularly convened for the purpose. 
 But such by-laws or amendments must have been submitted to 
 the executive committee, and a copy thereof communicated to 
 eacli member of the corporation at least a fortnight before the 
 meeting. 
 
 14. At all meetings of the coi-poration, five shall be a quorum, 
 but the number requisite to form a quorum shall be increased by 
 <me, so soon as, and whenever the number of members is in- 
 creased by three. 
 
 15. No officer of the Institute shall have power of himself to 
 enter into any contract, or engagement, binding upon the Insti- 
 tute. 
 
 16*. If at any meeting, other than the annual general meeting, 
 any member, unavoidably absent, shall have given written notice 
 that he I'equests the postponement of any matter, the discussion 
 of which was indicated in the notice of such meeting, it shall be 
 the duty of the cbairman to put such request to the vote, and if 
 the same be allowed, the meeting shall be adjourned for the dis- 
 cussion of such matter, and of such other business as may come 
 up for despatch in the interval.