v^ IMAGE EVALUATION TEST TARGET (MT-S) fe A f/. 1.0 I.I • 50 "l^ 12.2 2.0 L2I iiiii-y. 11.6 — 6" Photographic Sciences Corporation iV \\ fIVEllSITY KING'S COLLEGE. ST' T 11 N T C) ; II. .'i W. lU)\v>KI.L, XING STUELT. MD'.'TXr.II. tS'' Provinciai, Statutes — Chap, xvi., 7th William TV. a. d, 1837. 2^ AMENDED CHARTER THE UNIVERSITY KING'S COLLEGE. JJassc^ bji tl)e Provincial parliament of Upper €anal)a, on tijc ritl) iHarcl), 1837. TORONTO: H. & W. ROWSELL, KING STREET. BIDCCCXLU. AN ACT TO AMEND THE CIIARTEIl UNIVERSITY OF KING'S COLLEGE. [Passed 4th March, 1837.] Whereas His late Majesty King George tlie Fourth, was praeiously pleased to issue his Letters Patent, beariiiii (late at Westminster, the Fifteenth day of Mareh, in the eighth year of His Reign, in the words following: — " (ieorge the Fourth, by the Grace of God, of the United Kingdom of Great Britain and Ireland, King, Defender of the Faith, and so forth : To all to whom these Presents shall come— Greeting : Whereas the establishment of a ,.|,„„,^ „f ^jn^.-s College within our Province of Upi)er Canada, in North < "ll''«''' f'"'''!- America, for the education of Youth in the principles of Christian Religion, and for their instruction in the various branches of Science and Literature which are taught in our Universities in this Kingdom, would greatly conduce to the welfare of our said Province : And whereas, hum- ble application hath been made to Us by many of our loving Subjects in our said Province, that We would be pleased to grant our Royal Charter for the more perfect establishment of a College therein, and for incorporating the Members thereof, for the purposes aforesaid : Now Know Ye, that We having taken the premises mto Our Royal consideration, and duly weighing the great utility and importance of such an Institution, have, of our special grace, certain knowledge, and mere motion, ordained and granted, and do by these Presents for Us, our Heirs and Successors, ordain and grant, that there shall be esta- blished, at or near our Town of York, in our said Province 4 Chnrtpr of King's CullcHe, rt'cltiid. of Upper Canada, from this time, one Colk-gc, with (lie stvle and privileges of an University, as liereinafker di- rected, for the education and instruction of Ynntli and Students in Arts and Faculties, to continue for ever, to be called 'King's CoUeRC :' And \Vc do hereby declare and grant, that our trusty and well-beloved, the llight Reverend Father in (Jod, Charles James, Hishop of the Diocese of Quebec, or the Bishop for the time being of the Diocese in which the said Town of York may be situate, on any future division or alteration of the said present Diocese of Quebec, shall, for Us, and on our be- half, be Visitor of the said College ; and that our trusty and well-beloved Sir Peregrine Maitland, our Lieutenant Governor of our said Province, or the Governor, Lieu- tenant Governor, or Person administering the Government of our said Province, for the time being, shall be the Chancellor of our said College : And We do hereby de- clare, ordain and grant, that there shall at all times bo one President of our said College, who shall be a Clergy- man, in Holy Orders, of the United Church of England and Ireland, and that there shall be such and so many Professors in different Arts and Faculties within our said College, as from time to time shall be deemed necessary or expedient, and as shall be appointed by Us or by the Chancellor of our said College, b our behalf and during our pleasure: And We do hereby grant and ordain, that the Reverend John Strachan, Doctor in Divinity, Arch- deacon of York, in our said Province of Upper Canada, shaU be the first President of our said College ; and the Archdeacon of York, in our said Province, for the time being, shaU by virtue of such his Office, be at all times the President of the said College : And We do hereby for Us, our Heirs and Successors, will, ordain and grant, that the said ChanceUor and President, and the said Pro- fessors of our said College, and all persons who shall be duly matriculated into and admitted as Scholars of our said College, and their Successors, for ever, shall be one distinct and separate Body Politic and Corporate, in deed and in name, by the name and style of ' The Chancellor, President, and Seholars of Kind's College, at York, in the Provinee of Upper Canada,' and that by the stxme name they shall have perpetual sueeession, and a Common chmvt <.f K Seal, and that they and their Sueeessors shall, from time ^""''"'' '"'''" to time, have full power to alter, renew or change such Common Seal, at their will and pleasure, and as shall bo found convenient ; and that by the same name they the said Cliancelior, President and Scholars, and their Suc- cessors, from time to time, and at all times hereafter, shall be able and capable to have, take, receive, purchase, acquire, ht)ld, possess, enjoy and maintain, to and for the use of the said College, any Messuages, Lands, Tenements and Hereditaments, of what kind, nature or (juality soever, situate and being within our said Province of Upper Ca- nada, so as the same do not exceed in yearly value the sum of FiAeen Thousand Pounds, Sterling, above ail charges, and moreover to take, purchase, accjuire, have, hold, enjoy, receive, possess and retain, all or any Goods, Chattels, Charitable or other Contributions, Gifts or Be- nefactions whatsoever : And We do hereby declare and grant that the said Chancellor, President and Scholars, and their Successors, by the same name, shall and may be able and capable in Law, to sue and be sued, implead and be impleaded, answer and be answered, in all or any Court or Courts of llccord within our United Kingdom of Great Britain and Ireland, and our said Province of Upper Canadii, and other our Dominion" 'n all and sin- gular actions, causes, pleas, suits, matte t .nid demands whatsoever, of what nature or kind soever, in as large, ample and beneficial a manner and form as any other Body Politic and Corporate, or any other our liege Sub- jects, being persons able and capable in Law, may or can sue, implead or answer, or be sued, impleaded or answered, in any manner whatsoever : And We do hereby declare, ordain and grant, that there shall be within our said College or Corporation a Council, to be called and known by the name of ' 'i'he College Council,' and We do will rimrtiT of KInif'ii C'ip|lt'Kr, ri'iitrtl. 6 niul onldin that the wild Council shall coiiHist of the C'haiii'tllor mid IVcHicU'iit, for tlie time Uv\i\n, '"'d •'* Si'viMi of till' I'roli'ssorH ill Arts and Fai'iiltios, of our said Coiii'jfe, and that siali Sfvcn IVofi'ssorn nliall hv. MniilKTs oftiif KstablisliL'd United Church of Kn^^iandaiidlniaiid, and shall previously to their admission into tlie said Col- leijc Council, severally sif^ii and subscribe the 'I'liirty-nine Articles of Ileligion, as declared and set fortii in the Hook of Coniinon Prayer ; and in case at any time there should not be within our said ColleRo Seven Professors of Arts and Faculties, lieiiifi; Members of the Kstalilislied Church aforesaid, then our will and pleasure is, and We do lu'reby prant and ordain, that the said Collei?e Council shall be tilled up to the re(iuisite number of Seven, exclusive of the Ciiancellor and President, for the time beiiis;, by such persons beiiii^ Graduates of our said College, and beinj^ Members of the Kstablishcd Church aforesaid, as shall t!)r that purpose be appointed by the Chancellor, for the time beini;, of our said Collej^e, and which Members of Council shall in lilie manner subscribe the Thirty-nine Articles jit'oresaid, previously to their admission in the said Collcfje Council, .lii'l whereas it is necessary to make provision for the completion and tillinp; up of the said Council, at the first institution of our said Collejj;e, and previously to the appointment of any Professors or the conferring of any Degrees tlierein : Now We do further ordain and declare, that the Chancellor of our said College for the time being, shall, upon or immediately afk'r the flrst institution thereof, by Warrant under his hand, nominate and appoint Seven discreet and proper persons, resident within our said Province of Upper Canada, to constitute jointly with him the said Chancellor and the President of our said College, for the time being, the first or original Council of our said College, which first or original Members of the said Council shall in like manner respectively sub- scribe the Thirty-nine Articles aforesaid, previously to their admission into the said Council : and We do further declare and grant, that the Members of the said College i « f i « Council, holdiii^t within our said Colli^f tiii' Offices of CImnccllor, I'rtMiilint, or I'rofl'Hsor in uny Art or '•'uculty, Hhull rfS|Miti\iiy hold tiiiir scats in tlif said Council, so long as tiicy and cucjj of thcni siiall retain sncii their «'Mri..r .if kiuk'i Uthut's as aforesaid, and no lonj^er, and that tiie .Meinl)ers of the said Council not holding Offices in our said College shall, from time to time, vacate their seats in the said Council, when and so soon as there shall he an acie.iuate number of Professors in our said Collcfj;e, hcin-,' .Mend)ers of the Established Church aforesaid, to fill up the said Council to the reciuisite number before nicnti(med : And We do hereby authorise and empower the Chancellor, for the time beiiif,', of our said College, to dicide in each case what particular Member of the said Council not holding any such Office as aforesaid, shall vacate his seat in the said Council, ujion the admission of any new Alend)er of Council holding any such Office: And We do hereby declare and grant that the Chi:ucellor, for the time being, of our said College, shall preside at all meet- ings of the said College Council which he may deem it proper and convenient to attend, and that in his absence the President of our said College shall preside at all such meetings, and that in the absence of the said President, the Senior Member of the said Council present at any such meeting shall preside thereat, and that the seniority of the Members of the said Council, other than the Chancellor and President, shall be regulated according to the date of their respective appointments : Provided alwayn, that the Members of the said Council being Professors in our said College, shall in the said Council take precedence over, and be considered as Seniors to the Members thereof not being Professors in our said College : And We do ordain and declare, that no meeting of the said Council shall be, or be held to be a lawful meeting thereof, unless Hvc Members, at the least, be present during the whole of every such meeting; and that all (juestions and resolutions jmjposed for the deci- sion of the said College Council, shall be determined by 8 riiartnr of Kiiip's t'ollcgt', reciti'd. the majority of the votes of the Members of Council present, including the vote of the Presiding Member, and that in the event of an equal division of such votes, the Member presiding at any such meeting shaU give an additional or casting vote : And We do further declare, that if any Member of the'said Council shall die, or resign his seat in the said Council, or shall be suspended or removed from the same, or shall, by reason of any bodily or mental infirmity, or by reason of his absence from the said Province, become incapable, for three calendar months, or upwards, of attending the meetings of tlie said CYuncil, then, and in every such case, a fit and proper person shall be app inted by the said Chancellor, to act as, and be a Member of the said Council, in the place and stead of the Member so dying or resigning, or so suspended, or removed, or incapacitated, as ifore- eaid, and such new Member succeeding to any Member so suspended or incapacitated, shall vacate such, his office, an the removal of any such suspension, or at the termi- nation of any such incapacity aforesaid of his immediate predecessor in the said Council : And We do further ordain and grant, that it shall and may be competent to and for the Chancellor for the time being of our said College, to suspend from his seat in the said Council, any Member thereof, for any just and reasonable cause to the said Chancellor appearing : Provided, that the grounds of every such suspension shall be entered and recorded, at length, by the said Chancellor, in the Books of the said Council, and signed by him ; and every person 80 suspended, shall, thereupon, cease to be a Member of the said Council, unless, and until he shall be restored to, and re-established in such his station therein, by any order to be made in the premises by Us, or by the said Visitor of our said College, acting on our behalf, and in pursuance of any special reference from Us : And We do further declare, that ar.y Member of the said Council who, without sufficient cause, to be allowed by the said Chancellor, by an order entered for that purpose on the k 9 I Books of the said Council, shall absent himself from all the meetings thereof which may be held within any six successive calendar months, shall thereupon vacate such his seat in the said Council: And We do by these 'iiarfr of KinK's Presents, for Us, our Heirs and Successors, will, ordain * ""'''*'' "'''""'' and grant, that the said Council of our said College shall have power and authority to frame and make Statutes, Rules, and Ordinances, touching and concerning the good government of the said College, the perfor- mance of Divine Service therein, the Studies, Lectures, Exercises, Degrees in Arts and Faculties, and all matters regarding the same ; the residence and duties of the President of our said College ; the number, residence and duties, of the Professors thereof; the manage ^t of the Revenues and Property of our said College ^ ..le salaries, stipends, provision and emoluments, of and for the President, Professors, Scholars, Officers and Servants thereof; the number and duties of such Officers and Servants; and also touching and concerning any other matter or thing which to them shall seem good, fit and useful, for the well-being and advancement of our said College, and agreeable to this our Charter; and also, from time to time, by any new Statutes, Rules or Ordinances, to revoke, renew, augment or alter, all, every, or any of the said Statutes, Rules and Ordi- nances, as to them shall seem meet and expedient: Provided always, that the said Statutes, Rules and Ordinances, or any of them, shall not be repugnant to the Laws and Statutes of the United Kingdom of Great Britain and Ireland, or of our said Province of Upper Canada, or to this our Charter : Provided also, that the said Statutes, Rules, and Ordinances, shall be subject to the approbation of the said Visitor of our said College for the time being, and shall be forthwith transmitted to the said Visitor for that pur- pose ; and that in case the said Visitor shall, for us and on our behalf, in writing, signify his disapprobation thereof within two years of the time of their being so I Charter of Kiiifj' College, rc( itwl. 10 made and fran.ed, the same, or such part thereof as shall be so d.sapproved of b, the said Visitor, shall, from the tnne of such disapprobation being made known to the «a,d Chancellor of our said College, be utterly void and of no effect, but otherwise, shall be and remain in full force a,.d virtue : Provided, nevertheless, and We do hereby expressly save and reserve to Us, our Heirs and Suc'- cessors, the power of reviewing, confirming or reversing, by any order or orders to be by Us or them made, in ou or their Pnvy Council, all or any of the decisions, sen- tences or orders, so to be made as aforesaid by the said Visitor, for Us and on our behalf, in reference to te .ndStatutes,Rules and Ordinances, or any of them: R le or n H " ":'"■" ""' '"^"^' ''''' - Statute, Ru or Ordinance, shall be framed or made by the said CoHcge Councl, touching the matters aforesaid, or any of them, excepting only such as shall be proposed for he consideration of the said Council by the Chancellor for the tnne being of our said College: and We do require and enjoin the said Chancellor thereof, to consult with the President of our said College, and the next S n,or Munber of the said College Council, respecting an Statutes, Rules and Ordinances, to be p^posed y ^rn othes^d Council, for their consideration: And A^ e do hereby, for Us. our Heirs and Successors, charge and command, that the Statutes, Rules or Ordnances aforesaid, su^-ect to the said provisions, shall be stricUy an mviolab y observed, kept and performed, from time to ti me. m full vigour and effect, under the penalties to be thereby or therein imposed or contained : and We do further will, ordain and grant, that the said College shaU be deemed and taken to be an University, and shall have and enjoy all .,ch and the like privileges as are enjoyed by our Universities of our United Kingdom of Great Bn tain and Ireland, as far as the same are capaUe of being had or enjoyed, by virtue of these our Letters atent ; and that the Students in the said College shall Lave liberty and faculty of taking the degrees of Bachelor n -" i\ Master and Doctor, in the several Arts and Faculties, at the appointed times, and shall have liberty within them- selves of performing all Scholastic Exercises, for the conferring such degrees, in such manner as shall be di- n,.rtorof Ki„g-, rected by the Statutes, Rules and Ordinances of the said '^'""''" ""'''• College : And We do further will, ordain and appoint, that no Religious test or qualification shall be required of, or appointed for any persons admitted or matriculated as Scholars within our said College, or of persons adn.it- ted to any degree in any Art or Faculty therein, save only that all persons admitted within our said College to any degree in Divinity, shall make such and the same declarations and subscriptions, and take such and the same oaths as are required of persons admitted to any degree of Divinity in our University of Oxford: And We do further will and direct and ordain, that the Chan- cellor. President and Professors of our said College, and all persons admitted therein to the degree of Master of Arts, or to any degree in Divinity, Law or Medicine, and who, from the time of such their admission to such dc- gree, shall pay the annual sum of Twenty Shillings, Sterling Money, for and towards the support and main- tenance of the said College, shall be, and be deemed, taken and reputed, to be Members of the Convocation of the said University, and as such Members of the said Convocation shall have, exercise and enjoy, all ouch and the like privileges as are enjoyed by the Members of the Convocation of our University of Oxford, so far as the same are capable of being had and enjoyed, by virtue of these our Letters Patent, and consistently with the pro- visions thereof: And We will, and by these Presents for Us, our Heirs and Successors, do grant and declare, that these our Letters Patent, or the enrolment or ex- emplification thereof, shall and may be good, firm, valid, sufficient and eflTectual, in the Law, according to the true intent and meaning of the same, and shall be taken, con- struod and adjudged, in the most favoral.le and bene- ficial sense, for the best advantage of the said Chancellor, fliarfiT or Kiriji's <.'i)llr(,'r. r.'iitrd. 12 Courts of Record as elsewlu-re, and b, all and singular Judges, .Tusfees, Officers, Ministers and other Suflects wa^ever,orUs.ourIIei^^ rc.fal, non-rectal, o.nission, imperfection, defect, matter cause or th.ng whatsoever, to the contrary tlu-rcf „ an vw,se notwithstanding: In Witness whereof We have the l;.„"hth year of Our Reign-By writ of Privv Seal -(S..ned)_13athurst": And z.^.r.«., certain altera- ">"B appear necessary to be made in the same, in order to meet the desire and circumstances of the Colony and t at th,ia Charter may produce the benefi. intend;:,!: Br^t her^,,re enacted by the King's Most Excellent -Majesty, by and with the advice and consent of the Le- g.slat, ve Council and Assembly of the Province of Upper Canada constituted and established by virtue of and under the authority of an Act passed in the Parliament of Great Bnta.n, entitled, "An Act to repeal certain par^of an Act passed in the fourteenth year of IJis ^^^.Jesty•s Reign, entitled, ^.„ Act for miking more effectual provision for the Government of the Province of Quebec, ,n North America, and to n.ake further pro- v.s,on for the Government of the said Province,'" ad by the authority of the same. That for and n;twith. standing any thing in the said Charter contained, the Judges of His Maje^ty's Court of King's Bench sal for and on behalf of the King, be Visitor, of the said the Diocese of Quebec, for the time being, and tl at th. ;;;... ;i,,. .,,,..,,.,. shall be appointed by His Majesty. His Heirs and S^! TT; T '"'^"'""8 *'''* ^' ^''""•d be the Incum. of the Coll ge Council, including the Chancellor and Psidont, shall be Twelve in number, of whom the Speakers of the two Houses of the Legislature of the ■'ii'lfli's of Kind's H -ihIi shall or Vi.;i(.>r,s„fUiesaid Collt'ge: ollicc : <'i)nc£;(> Council to ••'MisUtoCtwolvo Miinburs. r L r ) f 13 Province, and His Majesty's Attorney and Solicitor (.cncral f„r the time being shall be four, and therenmin-