•iU ^. n^ W V%^-^-.o. 9MAGE EVALUATION TEST TARGET (MT-3) I 4 V] <^ /i ^;. c% > 'V:> ^: ^„.^' ^' /A WJ^ V m O^ ''W f 1.0 I.I Kills ■ 50 *^™ ^ lis IIIIM 25 2.2 18 L25 III 1.4 Photographic Sciences Corporation a>^ N> ' 2J WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 872-4503 ^ ^ r o ./^ & ^ CIHM/ICMH Microfiche Series. CIHM/ICMH Collection de microfiches. Canadian Institute for Historicai IVIicroreproductions / Institut Canadian de microreproductions historiques Technical and Bibliographic Note8/Not^ (meaning "CON- TINUED"), or the symbol V (meaning "END"), whichever applies. Un des symboles suivants apparaftra sur la dernidre image de cheque microfiche, selon le cas: le symbols — ^ signifie "A SUiVRE ", le symbols V signifie "FIN". aire Maps, plates, charts, etc., may be filmed at different reduction ratios. Those too large to be entirely included in one exposure are filmed beginning in the upper left hand corner, left to right and top to bottom, as many frames as required. The following diagrams illustrate the method: Les cartes, planches, tableaux, etc., peuvent dtre film6s d des taux de reduction diff6rents. Lorsque le document est trop grand pour dtre reproduit en un seul clich6, il est f iimd d partir de I'angle supdrieur gauche, de gauche d droits, et de haut en bas, en prenant le nombre d'images ndcessaire. Les diagrammes suivants illustrent la mdthode. by errata Tied to lent une pelure. fapon d 1 2 3 32X 1 2 3 4 5 6 i 1 r > I E X T R A C T FROM TIIK )VILL OF THE LATE HON. JAMES WGIU, WITH THi; charter of tfte Slmberssitp of mteill Collese, ITS STATUTES, RULES, REGULATIONS, ETC. AND I THE ADDRESS, DELIVEKED BY THE PRINCIPAL, ON THE OCCASION OE THE OPENING OF THAT INSTITUTION, SIXTH SEPTEMBER, 1843. m 4' Siloiitrcal : rijiNTEi) ^^x lovki.l .us'd giescn, i^t. NrcnoLAs sireei', 1843. %v EXTRACT FROM THE mil OF THE LATE HON. JAMES SfGILL. \ I GIVE and devise all that tract or parcel of land, commonly called Burnside, situated near the City of Montreal aforesaid, containing about forty-six acres, including an acre of land pur- chased by me from one Sanscrainte, together with tho dwelling house and other buildinj_,» thereon erected, with their appurten- ances, unto the Honorable John Richardson and James Reid, of the City of Montreal, aforesaid. Esquires, the Reverend John Strachan, Rector of Cornwall, in Upper Canada, and James Dunlop, of the said City of Montreal, Esquire, and to their heirs, to, upon, and for, the uses, trusts, intents, and purposes, and with, and subject to, the provisoes, conditions, and limitations, hereinafter mentioned and expressed, of and concerning the same, that is to say, upon trust that they the said John Richard- son, James Reid, John Strachan, and James Dunlop, or the survivors or survivor of them, or the heirs, executors, or cura- tors, of such survivors or survivor, do and shall, as soon as it conveniently can be done after my decease, by a good and sufficient conveyance and assurance, convey and assure the said last mentioned tract or parcel of land, dwelling house, buildinn-s and premises, to the Royal Institution for the advancement of Learning, constituted and established, or to be constituted and established, under and by virtue of an Act of the Parlia- ment of the Province of Lower Canada, made and passed in the forty-first year of His Majesty's Reign, intituled " An Act I: i for tlie cstablishinont of Free Schools and the advancement of Learning in this rrovince" — upon and nnd(3r the conditions, res- trictions, and limitations, and to and for the ends, intents, and pnrposts ftllowing, that is to say, npon condition that the said "Royal Institution for the advancement of Learning" do and shall, -within the s[)acc of ten years to be accounted from the time of njy decease, erect and establish, or cause to be erected and established, upon the said last mentioned tract or parcel of land, an University or College, for the purposes of education, and the advancement of learning in this Province, with a com- petent number of Professors and Teachers, to render such establishment effectual and beneficial for the purposes intended, and if the said " Royal Listitution for the advancement of Learn- ing" should so erect and establish, or cause to be erected and established, an University, then, upon condition, also, that one of the Colleges, to be comprised in tlie said University, shall be named, and perpetually be known and distinguished, by the appellation of " McGill Collego ;" and if the said " Royal Insti- tution for the advancement of Learning," should not so erect and establish, or cause to be erected and established, an Univer- sity, but should erect and establish, or cause to be erected and established, a College only, then upon the further conditions, that the said College shall be named, and per[)etually be known and distinguished, by the appellation of "McGill College;" and upon condition also, that until such University or College be erected and established, the said " Royal Institution for the advancement of Learning" do and shall permit and suffer my said wife, and in case of her death, the said Francis DesRivicres, to hold, possess and enjoy, the said last mentioned tract or parcel of land, dwelling house, buildings and premises, and to recover, have and receive, all and every, the rents, issues and profits thereof, to and for, her and his use and benefit ; and upon this other and further express condition, that if the said "Royal Institution for the advancement of Learning" should neglect to erect and establish, or cause to be erected and established, such University or College as aforesaid, in manner aforesaid, within the said space of ten years, to be accounted from the time of my decease, then, and in such case, the said conveyance and assurance so made to the said " Royal Institution for tlio advancement ot Learning" shall, iVom and alter the expiration of the said space of ten years, become and be, absolutely null and void, and all and every the estate, right, title and interest of the said " Koyal Institution for the advancement of Learning," of, in, and to, the .said last mentioned tract or parcel of land and premises, shall cerse and be determined, and be as completely extinguished, as if such conveyance and assurance had never been made or executed: All which conditions, restrictions, and limitations, shall, in apt and sulRcient language, be fully expressed in such conveyance and assurance. And upon trust that the said John Richardson, James Reid, John Strachan, and James Dunlop, or the survivors or survivor of them, or the heirs, executors or curators of such survivors or survivor of them, do and shall jjcrmit and sutfer my said wife, or in case of her death, the said Francis DesRivieres to hold, possess and enjoy, the said tract or parcel of land, dwelling house, buildings and premises, and recover, have, and receive, the rents, issues and profits thereof until the making and executing of tlie said conveyance and assurance, so as aforesaid to be made to the said "Royal Institution for the advancement of Learning," and if the said " Royal Institution for the advance- ment of Learning" should refuse to accept and receive, the said conveyance and assurance of the said last mentioned tract or parcel of land and premises, npon the conditions, restrictions and limitations, herein before expressed and directed, of and concern- ing the same, or shouhl after tlic making and accei)ting of the said conveyance and assurance, neglect to erect and establish, or cause to be erected and established, such L^niversity or College as aforesaid, in manner aforesaid, within the said space of ten years, to be accounted from the time of my decease, or if from any legal cause, matter ov thing, tlie said trust, so as aforesaid to convey and assure the said last mentioned tract or parcel of land and premises to the said Royal Institution lor the advancement of Learning, in the manner herein before directed, should be in- capable of being accomplished or carried into effect, or otherwise become, or be, or be deemed, or construed, to be invalid, illegal, or inoperative, then, and in either or any of those cases, upon trust, that they, the said John Richardson, James Reid, John Strachan, ! and James Dunlop, or the survivors or survivor of tlicm, or the heirs, executors or curators of such survivors or survivor, do and shall, from and immediately after the expiration of the said space of ten years, by a good sind sufficient conveyance and as- surance, convey and assure the said lart mentioned tract or parcel of land, dwelling house, buildings and premises to the said Francis DcsRivieres, (if then living,) and to his heirs and assigns for ever, or if the said Francis Desllivieres should be dead, then to the legal heirs then living, and to their heirs and assigns for ever. I give and bequeath, from and out of the rest and residue of my estates, real and personal, moveable and immoveable, which shall and may remain after the fulfilment and satisfaction of the several legacies in this my Will contained, the sum of ^ew thousand pounds, current money of the said Province of Lower Canada, to the said John Richardson, James Reid, John Strachan, and James Dunlop, their heirs, executors, or curators, upon the trust, and to and for the intents and purposes, and upon the conditions following, that is to say, upon trust : that tliey, the said John Richardson, James Reid, John Strachan, and James Dunlop, or the survivors or survivor of them, or the heirs, executors and curators of such survivors, do and shall pay the said sum of ten thousand pounds (with the interest to accrue thereon from and after the expiration of three years from my decease) to the said " Royal Institution for the advancement of Learning," when and so soon as the said " Royal Institution for the advancement of Learning" shall have erected and established, or cause to be erected and established, an University or College upon the last mentioned tract or parcel of land, herein before directed to be conveyed to the said " Royal Institution for the advancement of Learning," in manner aforesaid, to be by the said " Royal Institution for tlie advancement of Learning'' jmid and apj)lied toicards defraying the expeiise incurred in estab- lishing tha said Universitg or College, and towards maintaining the same after it shall have been erected and established, in such manner and form, and under such regulations as the said "Royal Institution for the advancement of Learning" shall in this behalf prescribe. Provided always, that such University or College be creel accol orCl spacl llicll thesi of SI oftl^ thoi to t} use and ' them, or tlie survivor, do 'n of the said '^ance and as- ncd tract or ies to the said 's and assigns )c dead, then I assigns for d residue of 3able, which lotion of the 'en thousand r Canada, to -achan, and , upon the d upon the it tliey, the and James ' the lieirs, all pay the t to accrue 3 from my icement of itution for stablished, or College ■ein before )n for tlie be by the ling'' paid ' in estab- lintaininjr ill, in such id "Royal his behalf College be orected and established within the space of ten years, to be accounted from th time of my decease : and if such University or College should not be so erected and established within the said space of ten years, then upon trust that they, the said John Richardson, James Reid, John Strachan, and James Dunlop, or the survivors or survivor of them, or the heirs, executors, or curators of such survivor, from and immediately after the said expiration of the said space of ten years, do and shall pay the said sum often thousand pounds, with all and every the interest accrued thereon, to the said Francis DesRivicres, if then living, to and for his use and benefit, or if dead, then to his h gal heirs then living, to and for their use and benefit. I U ' '■' h i \ C ]i cl o: (1 iU oi pi ir ai u] te ai tt ec P T ef til V( tl] g' in ClIAllTliR OF WGllL COLLEGE. George the Fourth, hj the Grace of God, of the United Kingioni of Great Brita'm and Ireland, King, Defender of the Faith. TO ALL TO WHOM TIIKSE PRESENTS SHALL COME, GREETING : Date of on. Whereas, the Honorable Ja.mes McGill, late of the City of Montreal, in the Province of Lower Canada, now (leceaserl, by his last will and testament, bearing date at Montreal, the eighth day of Jannary, in the year jj|^^ ^^^^^^ of our Lord one thousand eight hundred and eleven, M'ciiUswm. did give and bequeath a certain tract of land near the Tract of said City of ^Montreal, witli the dwelling house and other J;;"':J.;^';;;Jf,^.^ buildings thereon erected, to Trustees in trust to con-'"|'|"j';^\"^|; vcy and assure the same to the Koval Institution for the ^''t" '^v^'^i'"- •' " stitutiou for advancement of learning, establislied by virtue of an Act t'"*^ niiviince- ^ •' meiit of of the Provincial Parliament of Lower Canada, made and Learning, passed in the 41st year of the reign of llis late Majesty, intituled " An Act for tlie establishment of Free Schools and the advancement of Learning in this Province," upon conditicm that the said Institution should, within ten years from the decease of the said James McGill,erect and establish, or cause to be erected and established upon the said land, an University or College, for the purposes of education and the advancement of learning in the said Province, with a competent number of Professors and Teachers to render such establishment effectual and ben- eficial for the purpose intended, and also upon condition that one of the Colleges to be comprised in the said Uni- versity should be called "McGill College." And whereas the said James McGill, Esq., by his said will, did further give and bequeath to the said Trustees, the sum of £10,000 ^10,000 be- in trust, to pay the same with interest to accrue thereon t|.u^J(!^^ In B /;]: !i;i ! f ! ii!; k- : iiir 10 trust, to 1,0 from and ufter the expiration of three years from his de- piiil within- * , " t jrcst to tiie cease to the said Royal Institution for the advancement lln\i\\ IiistU ... ttition for of Learning, to be applied as soon as the said Institution (ho fidvancu- , , , , , . . /-h n .1 incnt of should liavc erected an University or College on the "' said land, towards defraying the expenses thereby incurred and towards maintaining the said University or College so erected and established. And whereas Petition of we have been humbly petitioned by the said "lloyul stittitiun fur Institution for the advancement of Learning, that we chartJr would be plcascd to grant our lloyal Charter for the more perfect erection and establishment of the said College, and for incorporating the members thereof for the purposes aforesaid, and for such further endowment thereof, as to us should seem meet, we, having taken the premises into our Tloyal consideration, and being desirous that an University or College should be established for the education of youth in the principles The pcti- of truc Rchgion, and for their instruction in the diffe- cd with, and rent branclics of science and literature, are willing to comply with the prayer of the said petition, and to afford every assistance towards carrying the intentions of the said James McGill into execution. Therefore, know ye that we, of our especial grace, certain knowledge and mere motion have willed, ordained and granted^and do by these presents for us, our heirs and successors, will, ordain, and grant, that upon the said land and in the said buildings thereon erected, or to be erected, ie'^"ut kast *^^^^^ ^^^^'^ ^^ established from this time one College at lish'cd *^*"^^" ^^^^ ^^^^* ^^^' ^^^^ education of youth and students in the arts and faculties, to continue for ever, and that the first Called Me. College to be erected thereon shall be called " McGill Gill coiioKe. College," and that our trusty and well beloved, the Governor of Lower Canada; Lieutenant Governor of Who shall -^^^^^^^ Canada; Lieutenant Governor of Upper Canada; ^° ^'.P^'T- tho Bishop of Quebec; tlic Chief Justice of Montreal; nors 01 said 1 -v 7 7 College. j^nd the Chief «Tustice of Upper Canada, for the time being, shall be Governors of the said McGill College, and that the said College shall consist of one Principal, reasons complyinf^ there wjtr. 11 Dm his dc- 'anccment nstitution 5c on the 3 thereby Jniversity 1 whereas a "lioyul "that we jr for the the said hereof for tidowment ing taken jnd being should be principles the diffe- svilling to n, and to intentions ial grace, ordained heirs and said land te erected, 'ollege at nts in the It the first "McGiU Dved, the pernor of ' Canada; VIontreal; the time College, ?rincipal. to be elected in manner hereinafter mentioned, and <>i>icer.s of who shall be, during his continuance in the said ^ ""':;'t' "i^ai^ ° ' COUSlbt. office, a Governor of the said College, of four Professors to be also elected in manner hereinafter mentioned, and of Fellows, Tutors, and Scholars in such numbers, and at such salaries, and subject to such provisions, rules, and regulations, as shall hereafter be appointed by the Statutes, Rules and Ordinances of the said College. And we do, by these presents, for us, our heirs and succes- sors, will, ordain and grant that the Principal and Pro- rrineipai fessors of the said College shall be from time to time ""t ^holv'' elected by the said Governors or the major part of such *'''^^''^'^*^" of them as shall be present at any meeting to beholden for such election ; and in case of any equality of votes the officer present at such meeting whose office is first described in order in these presents shall have a double and casting vote ; provided always, that the persons by whom such elections shall be made shall notify the same respectively to us, our heirs and successors, tlirough one ,. ••in ' n n 11. F.lnotionof of our or their principal Secretaries or State, by thenrst Piincii.niaiid ProtVssors opportunity, and in case tliat we, our heirs or succes-niustrweLve sors, shall disapprove of any person so elected, and shall of the trowu. cause such disapprobation to be notified to him under the Koyal signet and sign manual, or through one of the principal Se .I'ctaries of State, the person so elected as aforesaid, shall immediately upon such notification, cease to hold the office of Principal or Professor to which he shall have been elected as aforesaid, and the (Governors said Governors shall thereupon proceed to the election "'iMn''!,n\'i. of another person to fill the office of such Principal or uiio'lvia! Professor respectively, and so, from time to time, as often as the case shall happen. And we do by these presents, for us, our heirs and successors, will, ordain and grant that the said Gover- Tho r.ov. nors. Principal and Fellows, and their successors forc^'i'i'iuv k"i- ever, shall be one distinct and separate body politic andirhoii/cor*^ corporate in deed, and in word, by the name and style ]'Ztl\u \hIw. of "The Governors, Principal and Fellows of McGilUlT,;;';! ^"" i:i ! ,.'i '. |l ■.■'.! I ,1' ( 12 College, at Montreal, in the said Province of Lower Canada," and that by the same name they shall have perpetual succession and a common seal, and that they and their successors shall, from time to time, have full power to break, alter, make new, or change such com- mon seal at their will and pleasure, and as shall be found expedient, and that by the said name the said Governors, Principal and Fellows, and their successors, from time to time, and at all times hereafter, shall be a body politic and corporate in deed and in law, and be able and capable to have, take, receive, purchase, acquire, hold, possess, enjoy and retain. And we do hereby for us, our heirs and successors, give and grant full authority and free license to them and their successors, by the name aforesaid, to have. Authorized take, rcceivc and purchase, acquire, hold, possess, perty Iff what 6"Joyj and retain to and for the use of the said College, not*^ exceed^, notwithstanding any statutes or statute of mortmain, any vi?u " ^"^'tho ^^^^^^5 rectories, advowsons, messuages, lands, tene- ^^™ .g^"^*"^ j^ll ments, rents, hereditaments of what kind, nature, or charges toq^jrjiity goevcr, SO as that the same do not exceed in purchase and i- J ' ^\cld'!' d b" J^^^^y value the sum of £6,000 above all charges; and, i^^i'i-aded, morcover, to take, purchase, acquire, have, hold, enjoy, receive, possess and retain, notwithstanding any such statutes or statute to the contrary, all or any goods, chattels, charitable and other contributions, gifts and benefactions whatsoever; and that the said Governors, Principal and Fellows, and their successors by the same name, shall and may be able and capable in law to sue and be sned, implead, and be impleaded, answer and be answered in all and every court or courts of record or places of judicature within our United Kingdom of Great Britain and Ireland, and our said Province of Lower Canada, and other our dominions, and in all and singular actions, causes, pleas, suits, matters and demands whatsoever, of what kind and nature and sort soever, in as large, ample and beneficial manner and form as any other body politic or corporate, or any other &c. m 13 of Lower hall have that they have full uch corn- shall be the said nccessors, shall be a r, and be purchase, [ccessors, to them to have, possess, I College, Qain, any Is, tene- iture, or xceed in gesjand, d, enjoy, ny such Y goods, ;ifts and vernors, ;he same 7 to sue r and be jcord or jdom of dnce of a all and rs and md sort ler and ly other our liege subjects being persons able and capable in law may or can have, take, purchase, receive, hold, possess, enjoy, retain, sue, implead or answer, or be sued, impleaded or answered in any manner whatsoever. And we do by these presents, for us our heirs and The miyor Ml 1 • T 11/^ r"'^'"'' '^^ ^^'^ successors, will, ordain and grant, that the (governors Govenn.rsto of the said College, or the major part of them, shall tutes ami have power and authority to frame and make statutes, objec't of rules and ordinances touching and concerning the good tiltes ami government of the said CoUefO, the performance of ej,*^" ^^^"^ Divine Service therein, the studies, lectures, exercises and degrees in arts and faculties and all matters regard- ing the same, the election, qualification and residence of the Principal, Professors, Fellows and Scholars, the sala- ries, stipends and provisions for th^ Principal, Profes- sor, Fellows and Scholars, and officers of the said College, and touching and concerning any other matter or thing which to them shall seem good, fit, useful and agreeable to this our charter, provided that no such statutes, rules and ordinances shall have any force or effect until allowed and confirmed by us, our heirs or successors ; and also from time to time to revoke, augment or alter the same as to them, or the major part of them, shall seem expedient, subject always to our allowance and confirmation as aforesaid. — provided that the satd sta- tutes, rules and ordinances, or any of them shall not be repugnant to the laws and statutes of this our realm, and of our said Province of Lower Canada. And we do hereby for us, our heirs and successors, charge and command that the statutes, rules and ordinances aforesaid, subject to the said provisions, shall be strictly and inviolably observed, kept and performed, so long as thoy shall respectively remain in force and effect under the penal- ties, to be thereby or therein inflicted or contained. And we do by these presents, for us our heirs and succes- sors, will, ordain, direct and appoint that the members of the lioyai of the Royal Institution aforesaid, for the time being, vilatorV "of shall be visitors of the said College. And we do fur- protenl'poru! i r U: i r , i'i • ;' . i f * . ' i ■ .1 * ,\ ' ■ ■V ; r; i\ jiiii iMr. 14 ther will, ordain and grant, that the said College shall be deemed and taken to be an University, and that the stmicnts ot Students in the said College shall have liberty and said College, /.-r»ii-«r shiiii have li- facultv, of taking the degrees oi Bachelor, Master and inp tiegreea, Doctor, in the scvoral arts and laculties at the appointed arts and fa. timos, and shall have liberty within themselves of per- forming scholastic exercises, for the conferring of such degrees, in such manner as shall be directed by the statutes, rules and ordinances of the said College. And we do by these presents for us, our heirs and successors, grant and declare that these our letters patent, or the enrolments or exemplifications thereof shall and may be good, firm and valid, sufficient and effectual in the law according to the true intent and meaning of the same, and shall be taken and construed and adjudged in the most favourable and beneficial sense for the best advan- tage of the said Governors, Principal, Fellows and Scholars of the said College at Montreal aforesaid, as well in all our courts of record, as elsewhere, and by all and singular Judges, Justices, Officers, Ministers and other subjects whatsoever, of us our heirs and successors, any misrecital, nonrecital, omission, imper- fection, defect, matter, cause or thing whatsoever to the contrary thereof, in any wise notwithstanding, without fine or fee, great or small to be for the same in any manner rendered, done or paid, to us in our hanaper or elsewhere to our use. In witness thereof, we have caused these our letters to be patent. — Witness ourself at Westminster, the thirty-first day of March, in the second year of our reign* By writ of Privy Seal, (Signed,) Bathurst. lege shall :1 that the berty and [aster and appointed isoi per- g of such d by the ege. And uceessors, It, or the id may be I the law :he same, 3d in the !st advan- lows and 'esaid, as ), and by Ministers leirs and imper- soever to itanding, same in hanaper we have 3 ourself in the STATUTES OF 3f GILL COLLEGE. [URST. I I I'l: I CHAPTER I. Of the Corporation^ 1. The Corporation shall meet annually, on the day after Commencement Day, and shall, at such meetings, inspect the Books and accounts of the Registrar, Bursar and Secretary, and trans- act all such business relative to the property of the University as may be necessary. 2. Special meetings of the Corporation may be summoned at any time, by the Governor General, the Chief Justice of Montreal, or the Principal, not less than seven days notice of such meeting being given through the Secretary. At all such meetings the Governor present whose office is first described in the Charter shall preside or have a double or casting vote. CHAPTER II. Of the Governors, 1. The Governors shall meet quarterly in the College, on the fourth Wednesday in the months of March, June, September and December, provided that if any such fourth Wednesday shall fall upon a Holyday the meeting shall be deferred to the day following. 2. Special meetings may be convened at any time by any Governor, not less than seven days notice of such meeting being given through the Secretary. At all such meetings, the Gover- nor present, whose office is first described in order in the Charter, shall preside and have a double or casting vote. 3. At all meetings of the Governors two shall make and constitute a quorum for the transaction of such business as does not require, under the Charter, the presence of a majority of the Governors for the time being. I ■ i'ii fl! 16 CHAPTER III. Of the Caput. 1. There shall be a weekly Board to consist of the Principal, Vice Principal and Professors, to be called the Caput, of whom three shall form a quorum for the transaction of business. 2. It shall be the duty pf the Caput to frame Rules and Regu- lations as occasion may require, for the discipline, lectures, studies, and internal government of the Lecturers, Scholars, Students, Inferior Officers and other members of the College j to make regulations regarding the expenses and system of living within the College; to hear and determine all complaints for breaches of such Rules and Regulations; provided always that no persons shall be suspended or expelled without the consent of the Governors, and that nothing herein contained shall have refer- ence to the Lecturers in the Faculty of Medicine. 3. The Secretary of the College shall act as Secretary to the Caput, and minutes of all their proceedings shall be preserved. 4. Supplications for degrees shall be addressed to the Caput, and with the exception of Honorary degrees, no degree or incorporation shall be allowed Avithout their consent. 5. Special meetings of the Caput may be called at any time, by the Principal or Vice Principal, on the requisition of any two of its members, not less than six hours notice of such meeting being given through the Secretary. I t :J*'«I' CHAPTER IV. Of the Convocation. \. The Convocation shall consist of 1. The Governors. 2. The Principal. 3. The Vice Principal. 4. The Professors. 5. The Lecturers of and above the rank of B. C. L. 6. Doctors of Divinity. 7. Doctors of Civil Law. f ■■J; 'A 17 rincipal, if whom ;s. ,d Regu- lectures, scholars, •Ilege; to )f living ints for s that no nt of the re refer- •y to the served. ) Caput, gree or \j time, of any lof such 8. Doctors of Medicine of five years standing from their degree. 9. Bachelors of Divinity. 10. Masters of Arts. Provided always, that no Graduate shall be a member of Con- vocation, whose name shall not be standing Ion the books of the University. 2. The Convocation shall meet four times in every term for the purpose of conferring degrees; such meetings being regulated by the Caput at their first meeting in each term. Notice of these meetings shall be given by the Secretary to all members of the Convocation resident within five miles of Montreal, and also by advertisement in some one of the newspapers published in Montreal. CHAPTER V. Of the Principal. The Principal shall preside at all Convocations for conferring degrees, and shall have the general inspection and direction of the internal affairs of the College, under such regulations as may be in force for the time being. CHAPTER Vi. Of the Vice Principal. 1. The Governors shall appoint one of the Professors to bo Vice Principal of the College; wlio shall retain his appointment during tlieir pleasure. 2. The Vice Principal shall be resident in the College, and during the non-residence of the Principal, shall be the Parent and Guardian of the College household. In the absence of the Principal he shall preside at all meetings of the Caput, and of the Convocation. He shall examine Students for Matriculation; maintain the observance of the Statutes by the Professors, Lec- turers, Scholars, Students, Inferior Officers, and all other resi- dent members of the College; enforce such observance by admonitions and punishments; in graver cases, convening the Caput. He shall direct the Students in their studies, promoting 18 by all the means in his power, their progress in religion and learning. He shall preside over tlie Collegiate exereises, and regulate the Inferior OiRcers and servants of the College. 3. The salary and fees of the Vice Principal shall be regulated and appointed by the Governors. CHAPTER VII. Of the Professors^ Lecturers and Tutors. 1. The following Professorships shall be established: a. Professor of Divinity. h. Professor of Classical Literature. c. Professor of Mathematics and Natural Philosophy. d. Professor of Medicine. 2. It shall be competent for the Caput to appoint such Lectu- rers and Tutors as shall be from time to time required, such appointments being subject to the approval of the Governors, and to continue during pleasure. The Principal shall appoint the Registrar, Bursar and Secretary of the College, such appoint- ment being likewise subject to the approval of the Governors, and to be also held during pleasure. 3. Every Professor, Lecturer and Tutor, shall take the Oath of Allegiance and of Office. 4. No Professor, Lecturer or Tutor shall teach in the College any principles contrary to the doctrines of the United Church of England and Ireland, or to the British Constitution. 5. Every Professor, Lecturer and Tutor shall have power to punish by confinement and fine; the fine not to exceed five shil- lings; the confinement not to exceed twelve hours. 6. The salaries, fees and perquisites of the Professors, Lectu- rers and Tutors shall be determined and appointed by the Governors. CHAPTER VIII. Of the Registrar y Bursar and Secretary. \, The Offices of Registrar, Bursar and Secretary shall be united in one person, who shall be appointed as hereinbefore mentioned. i " 19 2. He must give security to the extent of one thousand pounds current money of this Province, and must enter into Bonds with the Corporation for the due fulfilment of his offices, and shall receive and account for all monies and revenues of the Univer- sity and College, from all sources derivable. He shall have custody of the Charters, Records, and all other muniments of the College, and the Matricula or Registry of the names of all the members of the University and College. He shall be Secretary to the Corporation, Governors and Caput, and enregister their respective proceedings. He shall apply the funds in his charge to the payment of salaries and other purposes according to the Statutes and orders of the Governors. 3. He shall inspect the lands, buildings, and other property of the Corporation, report the necessary repairs, or any extraordi- nary expenditure, to the Governors, and superintend, under their directions, the execution of such repair? and expenditure. 4. He shall submit a full statement of his accounts to the Corporation at their annual meeting ; to the Governors at their Quarterly Meetings, and to either at such other times as they shall specially require it. He shall receive an annual salary, to be fixed by the Governors. CHAPTER IX. Of the Steivard, Beadle and Gardener. 1. The Steward, Beadle and Gardener, shall be nominated by the Principal, subject to the approval of the Governors, and remo- vable at their pleasure, and shall be subject to such rules and regulations as shall be from time to time agreed upon by the Principal and Vice Principal. CHAPTER X. Of the RefectorT/. 1. The meals shall bo in such apartments of tlie College as shall be determined by tlic Principal. 2. At meals there shall be a high table for the members of Convocation, and Bachelors of Civil Law, Lecturers, Fellows and Tutors. A second table for Bachelors of Arts, and Students 20 It Id in Law and Medicine, who have passed tlic examination for llie degree ofBaclielors of Arts, or the "previous examination,*' and others for Undergraduates. CHAPTER XL Of College Dues and Fees. 1. The Principal and Vice Principal shall, as often as they sec occasion, regulate the payments to be made to the University and College, and several oilicers thereof, by Students and all other members, save and except the Students in the Faculty of Medicine, such regulations being always subject to the approval of the Governors. 2. A table of these regulations shall be kept affixed in tluj College Hall by the Registrar. 3. No payment shall be claimed by any officer, on any account or pretence whatever, except such as shall bo stated in the said tabic. CHAPTER XII, Of Matriculation. 1. No person shall be matriculated as a Student in the Faculty of Arts without previous examination by the Vice Princii)al. 2. If a person be matriculated in vacation, the following term shall be accounted as his first. 3. A Matricula shall be kept by the Registrar, in which all those who are matriculated, save and except Students in the Faculty of Medicine, shall subscribe their names to the declara- tion that they will faithfully observe the Statutes, Rules and Ordinances of the University; also a Register in which the Registrar shall insert the Christian and surnames of all persons admitted, with their ages, places of birth and education, and the names and places of residence and rank of their parents or guardians. CHAPTER XIII. Of Terms, Vacations and Ilolydays. 1. The Academical year shall begin on the first Wednesday in September, and shall contain three Terms, in which all scho- • lastic exercises shq,ll be performed. 21 f 2. The first, or Micliuclmas Term, begins on the lirst "NWulncs- (Jay in September, and ends on the twentieth of December. The second or Lent Term, begins on the Wednesday nearest to the seventh of January, and ends on the Saturday before Pahn Sunday. The third or Easter Term, begins on the Wednesday after Easter Sunday, and ends on the day after Commencement Day, which is always the third Wednesday in June. 3. On the first and last days of every Term, after Divine Service in the College Chapel, or in the Protestant Episcoi)al Parish Church of I\Ioiitreal, the Principal, or one of the Profes- sors, Lecturers or Tutors, whomthePrineipalmayap[)oint, shall preach a Sermon, all the members of the University, who have jiot obtained a dispensation to the contrary, attending in the lull dress Academical habits. 4. The llolydays and other public Festivals and Fasts Appointed by competent authority, shall be duly observed. CHAPTER XIV. Of the Chapel. Until that portion of the College, designed for a Chapel, be erected, Divine Service shall be performed in some convenient room in the College, to be selected by the Principal. CHAPTER XV. Of Divine Service. 1. On every Sunday during Term, all the resident members of the University, under the degree of B. C. L., who have not obtained a dispensation to the contrary, shall attend the morning service in the Protestant Episcopal Parish Church of Montreal. On every day during Term, they shall attend morning and evening prayer in the College Chapel, or apartments allotted for that purpose. 2. Dispensations for non-attendance at Chapel and Church, will be granted, on application to the Principal, to such members as shall not be of the United Church of England and Ireland. 22 3. The prayers in the College Chapel shall be said in rota- tion, by such of the oificers of the College as shall be in Holy Orders of the United Church of England and Ireland. CIIAPTEll XVI. Of hectares and Exercises, The Lectures and Exercises, and the attendance of the Under- graduates, shall be determined from time to time by the Caput. CHAPTER XVII. Of Degrees. 1 . No Student shall be admitted to the degree of Bachelor of Arts, until he shall have kept by Academical residence, nine Terms, and have passed the previous and final examinations. 2. Candidates for the degree of Bachelor of Arts, may present themselves for the previous examination in their fourth, and for the final examination in their tenth Term. 3. No person shall be admitted to the degree of Master of Arts, until he shall have completed six years from the day of his matriculation. He must produce certificates from the Registrar of having taken the degree of Bachelor of Arts, and of having passed such examination as shall be prescribed by the Caput. 4. No person shall be admitted to the degree of Bachelor of Civil Law, until he shall have completed five years from the day of his matriculation. Candidates for this degree, without proceeding through Acts, must produce certificates from the Registrar of their having kept twelve Terms by Academical residence, of having passed the previous examination, which they may not do until they shall have entered upon their seventh term of Academical residence, and of having attended regularly the Lectures in Civil Law. 5. Bachelors of Arts of two years standing may take the degree of Bachelor of Civil Law, on producing certificates of due attendance on the Lectures in Civil Law. 6. No person shall receive a license to become a Student of Civil Law, until he have passed the previous examination. 7. No person shall be admitted to the degree of Doctor of 23 Civil Law until ho ho of fifteen years standinj^, from the day of his matriculation. He must produce ccrtificatos from the Repjis- trar of liaving taken tlic degree of M. A., or li. C. L., of having attended the Lectures in Civil Law, and of having f>crforrae(l such other exercises as shall be appointi'd by the Caput. 8. No person shall bo admitted to the degree of liachclor of Divinity, unless he be in full orders of the United Church of England and Ireland, or of the Protestant Episcopal Church of Scotland. All Candidates for this degree must produce certifi- cates from the Registrar of iiaving completed twelve years from the day of their matriculation. They shall perform such exer- cises as shall be appointed by tiie Caput. 9. The degree of Dachelor of Divinity may be conferred on Clergymen of the above mentioned Churches in full orders, pro- vided that such Clergymen shall be persons of learning and discretion, and shall have been ten years in Holy Orders, and shall have satisfactorily undergone such examination as the Caput may appoint. 10. No person shall be allowed to take the degrece of Doctor in Divinity until he shall have completed sixteen years from the day of his matriculation, and have previously taken the degree of Bachelor of Divinity. Bachelors of Divinity of four years standing may be admitted to this degree, and all candidates shall perform such exercises as the Caput may appoint. IL The Caput may allow the incorporation and admission to the same, or a similar degree in this University, of Graduates of any University in Her Majesty's dominions, who may desire auch incorporation and admission, due enquiry being made as to their moral character and sound learning; and provided always that Clergymen, only of the United Church of England and Ireland, and of the Protestant Episcopal Church of Scotland, can be incorporated as Graduates in Divinity, and admitted to the same degree in this University. 12. Graduates of foreign Universities may be incorporated and admitted at the discretion of the Caput. 13. The Caput may permit the incorporation of Alumni from any University in Her Majesty's dominions, to whom shall be granted and allowed the same standing as that which they held 24 in sucli TJnivGr«;ffv « a- n »cin»,.o<,ucer''" '^'^''^'^^ '^'^nmcnto of such standing H- Honorary dG«>rpna »« i. Offlcers of the College. Jl„t su:h w ''"^'"" '^"^"^ »" confer the ordinary „riviie^"'rr'"'''"'^*Srec3 shall not J 5. All degrees sWlh'^ / """'''"' «''»'l«atcs. , f. '^■'-fe:,o„ ;Lt™?^'^^^-™- bcforethe .>y t..o n.^Zt::^:^^'^ Capte, slJi be J' i='t"eiy ot tlie Institution. IM ihapI':erxix. Of Academical Dress. 1 . Tlie dress of all members of the University shall be plain, decent and comely, without superfluous ornament. 2. The Academical habits shall be the same as those which are worn in the University of Oxford, as they are appropriated to each degree, rank, station and standing respectively, save and cxcei)t that the Undergraduate Commoner's gown shall be the same as tliat worn by the Oxford Scholars; and the Undergrad- uate Scholars gown sliall be the same as tliat worn by the Undergraduate Commoners of King's College, Toronto, and the resident Students in Law and Med(icine, who have passed the "previous examination," shall wear the same gown as that which is worn by Bachelors of Arts in the University of Cambridge ; the Students in Medicine Avearing a plain rose coloured silk liood. 3. No member of the University shall appear at Chur.di, Chapel, Lecture or Refectory, without his Academical habits, nor without the College grounds, except by dispensation from the Vice Principal. CHAPTER XX. to le Of Residence and keejying Term. 1. With reference to resident members, no Term shall be kept or reckoned towards a degree, without Academical residence during the whole Term, or at least three fourths of it, and such Academical residence shall consist in boarding and lodging in the College, in wearing the proper habit, in attending Divine Service, Lectures and Classes, (unless a dispensation be granted to the contrary,) in performing exercises, and in complying with all the Academical regulations according to the Statutes. 2. "With reference to non-resident members keeping Term. Academical residence shall consist of the same as prescribed in the last Rule, with the exception of boarding and lodging in the College. 3. The keeping of a Term may be disallowed by the Caput 1) I 26 to any resident member for neglect of duty, for not paying the College dues, or for contracting debts elsewhere. CHAPTER XXI. Of Rank and' Precedence. 1. The Visitors. ^ 2. The Governors as their Offices are described in order in the Charter. 3. The Principal. 4. The Vice Principal. 5. The Professor of Divinity. 6. The Professor of Classical Literature. 7. The Professor of Mathematics. 8. The Professor of Civil Law. 9. The Professor of Medicine. 10. The Lecturers according to the date of their appoint- ments. IL The Tutors according to the date of their appointments. 12. Doctors or Divinity. 13. Doctors; of Civil Law. 14. Doctors of Medicine. 15. Bachelors of Divinity. 16. Masters of Arts. 17. Bachelors of Civil Law. 18. Bachelors of Arts. 19. Students of Civil Law. 20. Students of Medicine. 21. Scholars. 22. Students. Ratified and Signed the fourteeenth day of July, in the year of our Lord one thousand eight hundred and forty three, by Vallieres de St. Real, Chief Justice of Montreal ; John B. Robinson, Chief Justice of Upper Canada ; John Bethune, Principal of McGill College. ( ADDRESS DELIVERED BY THE PRINCIPAL OF M^GILL COLLEGE. Ladies and Gentlemen, To the Governors of this College, whose persevering exer- tions are now so far crowned with success, — to the learned pro- fessions, and to the laity generally, — to all of the*?e, individually and collectively, it must be a subject of the most hea/tfelt con- gratulation that we are here assembled to witness the opening of the first Institution, in this portion of the British Empire, which is authorized to confer those literary honors and distinctions to which it will, henceforward, be the privilege of our youth to aspire. It is a subject of such deep and engrossing importance as should unite us all in one undivided and unqualified expression of most humble and hearty thanksgiving to Him, who is the bountiful bestower of every good and perfect gift. In virtue of the office which I have the honor to hold in this University, the duty devolves upon me of setting forth, in this public manner, the general principles upon which it is to be conducted. But I beg to be permitted, previously, to occupy a few minutes of your time in setting before you a concise history of its rise, and of its progress to its present state. The founder of this University was a highly respectable merchant in this city, whose honorable industry and perseverance in his calling had been crowned with an ample fortune. Desirous 28 ^ II: '\ ofbostowing upon the country ot'liis adoption, — upon the country iu which he iuul iiccumulatecl his wealth, some extensive and lasting public benciit, he consulted his intimate friend and connexion by marriage, the present Lord Bishop of Toronto, in the year 1810, while on a visit to his Lordshii) at Cornwall, of which the Bisliop was then Rector. To his Lordshi[), then, we are indebted for the suggestion of founding this Institution in fullihnent of the desire of Mr. IMcGill, to leave behind him a valuable and permanent testimonial of his gratitude for the ample blessings which it had pleased a kind and bountiful Providence to bestow upon him. JMr. McGill, therefore, bequeathed this property, on which we are now standing, then estimated to he worth £5,000, and the sum of £10,000 in money, towards the erection and endowment of an University. It was stipulated in his Will, that if the University should consist of more than one College, one of the Colleges should be called after his own name; and if it should consist of only one College, then that one should have the like denomination. The bequest was made in favour of four Trus- tees, of whom the Bishop of Toronto was one, to be transferred by them, for the purposes intended, to the Board of the Koyal Institution for the advancement of Learning, so soon as it should be constituted in virtue of the Provincial Statute, passed in 1801, authorizing the Governor of Lower Canada to constitute that Board. Mr. McGill died in 1813, but the Board of the Koyal Institution for the advancement of Learning was not constituted until the year 1819, when the Trustees duly invested them with the becpiest in conformity with the AVill of the Testator. It was one condition of the Will that the bequesi should remain in the enjoyment of tlie residuary legatee for a limited period, and that unless the University was erected within ten years from the death of the Testator, the becjuest should revert to that residuary legatee. Tiic Board of the Royal Institution therefore lost no time in applying to the residuary legatee to be put into possession of t)ie bequest, in order to tiie fulfilment of their trust, but they were unhappily met by a refusal to comply with the wishes of the benevolent Testator, (who, it may be hero remarked, was the legatee's own most munificent benefactor, ) on the ground that the Tc?;tator could not legally devise any por- f 2\) w i \ t tion of his property in Mortmain. Tlic conse(|uenee oi't!»i.s re- fusal was a long course of litigation, protracted through a period of 16 or 17 years, a circumstance which suiliciently accounts for the delay which has occurred in bringing tlie wislics of the founder into effect. In the mean time the Board of the Royal Institution procured the erection of tlie University by a Royal Charter, granted by His late Majesty George the Fourth, in the year 1821, — a course of proceeding which was sustained in our Courts of law as removing the difRculty which might have otherwise arisen with respect to a compliance with the condition that the University should be erected witliin the time specified by tlie Testator, until they could obtain possession of the means devised for a more literal fulfilment of his design. A single glance at the Will of the lute Mr. McGill must con- vince any Avho are at all conversant with our Provincial history, tliat he must have had in his view the prospect of a rich endow- ment of Seminaries of Learning in this Province by the Crown. It is impossible to suppose tliat a person of the late Mr. McGill's intelligence and connexion with Provincial public affairs should not have been aware of the fact that His late Majesty George the Third had connnunicated to the Governor of Lower Canada, in tlie year 1801, his Royal desire that His Excellency and the Executive Council should take up the subject of extensive grants of land for the purposes of education, — ar.d that a report had been subsequently made to the Secretary of State favourable to exten- sive endowments cf Schools and Colleges in this section of Canada — one of the last at (Quebec and one at Montreal — and moreover that this report was favourably entertained by His Majesty, and orders sent to this country to carry it into effect. It is impossible to suppose that when jMr. McGill made his Will he was unacquainted with these facts — indeed his Will directly points to them — because he made his bequest in aid of the erection and maintenance of a College at IMontreal — evidently pointing to the one which he supposed would be endowed by Government in this city, to the extent of twenty thousan • ■ 1' li I necessity of his removal from Upper Canailato this city,v/hieh lie wouUl not consent to do ; and tliat h(i selected as Trustees of his beciucst, luitil the lioard of the lloyal Institution shouhl be con- stituted, persons who were all members of the Church of Eng- land, save one who was oiui of his oldest and most intimate friends. It appeared then that, in the absence of any positive instruction on tiie subject, the United Church of England and Ireland had a very strong claim to the distinction of being selected as the peculiar form of doctrine and worship to be established in this University. It is ecpially clear that there is not the slightest foundation, either in tiie Charter or in the Will or in the circum- stances of the founder, for such a claim on the part of any other denomination ; and the Governors therefore felt that they could not err in giving the preference to that which had a strouf/ claim, overthosewho hadno claim atoll; — a strong claim whicli receives much additional force from the fact that the members of the Church of England both in this city and in the whole of this section of the Province, arc not only more numerous tlian any one other deno- mination of Protestants, but, according to the last census, more numerous than the whole united body of all others within the same bounds who are distinguished by the same general designation. A Divinity professorship, therefore, of the Church of England has been established by the statutes, and provision has been made for the performance of Divine Service in the University, accord- ing to the form and discipline of the same Church, leaving it optional with those of other denominations to absent themselves from the services. In this particular, the (rovernorscan consci- entiously aver that they have faithfully and fearlessly discharged the most important of the duties entrusted to them, — faith- fully in accordance with the authority under wliich they were acting, and fearlessly as to any possible consc([uences. For how- ever deeply they should deplore any such dissatisfaction as may lead those who conscientiously differ to withdraw their counten- ance and support from the University, they would have much more deeply felt the well merited obloquy of shrinking, under the fear of man, from the performance of a sacred duty to God. But they hope for better things from their fclloAv subjects of all other denominations. They trust that they will, on mature \ ( \ K X i i ■"1!; { \ T 37 reflection, feel neither jealousy nor alarm in the provision which has been made in favour of the Cliurcli of England in an Univer- sity wlioso founder was of its own communion, in an University whose portals arc fiun;^ widely open to all of them, and the freest and most unfettered access aftbrded them to all the offices and all the advantages and honors in every art and faculty, save that one which is allotted to the members of one Church alone — the Faculty of Divinity. And they, moreover, confidently indulge the hope, a hope founded on the soundest principles of justice, that "tlie powers that be" can have no hesitation in granting aid to an Institution which admits all, without distinc- tion of creed, to a free participation, without test or subscription, in all the advantages to be derived from the knowledge of the arts, and of the faculties of Law and Medicine, merely because the faculty of Divinity is open to the Church of P^ngland alone, and her forms of worship and discipline therein established, while the same powers have dispensed and are still dispensing aid with a liberal hand to other Seminaries of learning, in which the distinctive denominational character is far more strongly marked, and exclusively maintained. But should it please those powers to act otherwise, and to deal less justly with the Church of England than with other denominations of their fellow sub- jects, we shall not regret the course we have taken, but rest in the full assurance of that support which a kind Providence will not fail to bestow. The path of rectitude and duty is the path of safety. A Professorship has been established in the faculty of Medicine with a competent number of Lectureships in its various branches. And the Governors entertain a strong hope of being enabled shortly to establish a Professorship in the faculty of Law. In ^''v A.rts, Professorships of Classical Literature and of the Matluj, ..tics and Natural Philosophy have been established, and to all of these appointments have been made, with the exception of the Mathematics and Natural Philosophy, for which no application had been received which could be favourably enter- tained by the Governors. They have therefore entrusted the selection of a Professor in this branch of the Arts, to two com- petent persons in the University of Cambridge, in England. 38 The University therefore opens with Professorships of Divinity, Medicine, Classical Literature, and Mathematics and Natural Philosophy, with five Lectureships in the various bran- ches of the Faculty of Medicine; and we hope soon to add Lec- tureships in Rhetoric and Logic, and in History and Geography. While the Governors deeply regret that the very limited means at their disposal has prevented them from doing more, they are not without the prospect of increased revenues and a consequent enlarged sphere of action at no very distant period. And it gives them sincere pleasure to announce that, in the impartial discharge of their duty, their selections have happened to fall upon persons of four difierent denominations of Christians — a circumstance which affords a sufficient guarantee that no im- pediment exists to the attainment of the offices of this Univer- sity on the ground of differences in religious belief. The Go- vernors also feel much satisfaction in being enabled to say that a proposal, on the part of the subscribers to the High School in this city, for a junction with this University, has been accepted on terms satisfactory to all parties — so that that Institution may now be considered as a preparatory school to this University, while it preserves its distinctive character of independence under a joint Board of Directors appointed by the subscribers to the school, and by the Governors of the College. — This happy arrangement, while it has the much desired effect of uniting parties in the interests of education, secures to the University a constant, and it is hoped an unfailing supply of well prepared students. It is under these circumstances that we launch our infant Institution upon the world; and though it may be now but as that " little cloud like a man's hand," which appeared upon the horizon at the bidding of the prophet, let us pray and let us trust that the blessing of a kind and protecting Providence will cause it to spread and gather strength, like that little cloud, until its bene- fits descend upon our land in copious and refreshing showers of wisdom and knowledge. T i / ! I \ i t- )f d I- r • s e t t 1 I I -ir