IMAGE EVALUATION TEST TARGET (MT-3) /. 1.0 I.I IS m 112^ IIIIII-4 11.6 lii|2.8 us US ^m % %>> .^*^i ^ '/ Photographic Sdences Corporation %y: ^ u 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 872-4503 •S) ^<*v^ CIHM/ICMH Microfiche Series. CIHM/ICMH Collection de microfiches. Canadian Institute for Historical Microreproductions / Institut Canadian de microreproductlons historiques :\ ^V > Technical and Bibliographic Notes/Notes techniques et bibliographiques The to tl The Institute has attempted to obtain the best original copy available for filming. Features of this copy which may be bibliographically unique, which may alter any of the images in the reproduction, or which may significantly change the usual method of filming, are checked below. n D n n D n Coloured covers/ Couverture de couleur I I Covers damaged/ Couverture endommagde Covers restored and/or laminated/ Couverture restaurde et/ou pelliculde I I Cover title missing/ Le titre de couverture manque I I Coloured maps/ Cartes gdographiques en couleur Coloured ink (i.e. other than blue or black)/ Encre de couleur (i.e. autre que bleue ou noire) I I Coloured plates and/or illustrations/ Planches et/ou illustrations en couleur Bound with other material/ Reli6 avec d'autres documents Tight binding may cause shadows or distortion along interior margin/ l.areliure serr6e peut causer de I'ombre ou de la distortion le long de la marge intdrieure Blank leaves added during restoration may appear within the text. Whenever possible, these have been omitted from filming/ II se peut que certaines pages z^i^nches ajout^es lors d'une restauration appar^issent u'ltns le texte, mais, lorsque cela dtait possible, ces pages n'ont pas 6t6 filmdes. Additional comments:/ Commentaires suppldmentaires: L'Institut a microfilm^ le meilleur exemplaire qu'il lui a 6tb possible de se procurer. Les details de cet exemplaire qui sont peut-6tre uniques du point de vue bibliographique, qui peuvent modifier une image reproduite, ou qui peuvent exiger une modification dans la mdthode normale de filmage sont indiqu^s ci-dessous. □ Coloured pvigcs/ Pages de cojleur D j 1 Pages restored and/or laminated/ Pages demaoed/ Pages er!dommag4es D D Pages restaurdes et/ou pelliculdes Pages discoloured, stained or foxei Pages d^colordes, tachetdes ou piqu^es Pages detached/ Pages d6tach6es Showthrough/ Transparence Quality of prir Qualitd in^gale de I'impression Includes supplementary materii Comprend du matdriel supplementaire The posi of tl film Ori£ begi the sion oth( first sion or il r~^ Pages discoloured, stained or foxed/ I I Pages detached/ r~^ Showthrough/ I I Quality of print varies/ I I Includes supplementary material/ The shal TINI whii Mai: diffi enti begi righ reqi met Only edition available/ Seule Edition disponible Pages wholly or partially obscured by errata slips, tissues, etc., have been refilmed to ensure the best possible image/ Les pages totalement ou partiellement obscurcies par un feuillet d'errata, une pelure, etc... ont 6t6 filmdes d nouveau de fagon d obtenir la meilleure image possible. This item is filmed at the reduction ratio checked below/ Ce document est film6 au taux de reduction indiqu6 ci-dessous. 10X 14X 18X 22X 26X 30X ^ 12X 16X 20X 24X 28X 32X lire details les du modifier ler une filmage The copy filmed here has been reproduced thanks to the generosity of: University of Toronto ARCHIVES The images appearing here are the best quality possible considering the condition and legibility of the original copy and in keeping with the filming contract Fnecifications. L'exemplaire filmd fut reproduit grfice A la g6n4rosit6 de: University of Toronto ARCHIVES Les images suivantes ont dt6 reproduites avec le plus grand soin, compte tenu de la condition et de la nettet6 de l'exemplaire filmi, et en conformity avec les conditions du contrat de filmage. Original copies in printed paper covers are filmed beginning with the front cover and ending on the last page with a printed or illustrated impres- sion, or the back cover when appropriate. All other original copies are filmed beginning on the first page with a printed or illustrated impres- sion, and ending on the last page with a printed or illustrated impression. §es Les exemplaires originaux dont la couverture en papier est imprimde sont filmds en commenqant pai !e premier plat et en terminant soit par la dernidre page qui comporte une empreinte d'impression ou d'illustration, soit par le second plat, selon le cas. Tous les autres exemplaires originaux sont filmds en commenpant par la premidre page qui comporte une empreinte d'impression ou d'illustration et en terminani par la dernidre page qui comporte une telle empreinte. The last recorded frame on each microfiche shall contain the symbol — ^> (meaning "CON- TINUED"), Of the symbol V (meaning "END "), whichever applies. Un des symboles suivants apparaitra sur la dernidre image de cheque microfiche, selon le cas: le symbole -^»> signifie "A SUiVRE", le symbols V signifie "FIN". e 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 filmds d des taux de reduction diffdrents. Lorsque le document est trop grand pour dtre reproduit en un seul clichd, il est filmd & partir de Tangle sup6rieur gauche, de gauche d droite, et de haut en bas, en prenant le nombre d'images ndcessaire. Les diagrammes suivants illustrent la mdthode. t errata d to It IB pelure, pon d n 1 2 3 32X 1 2 3 4 5 6 ■}.-r'f. C 1^^7'Sl FIRST REPORT OF THK Special Committee of the Senate ON THE UNIVERSITY'S CLAIMS AGAINST THE LATE PROVINCE OF CANADA (On thk Grant of £1,000 Stkrling for Sixteen Years.) FIRST REPORT OF THE SPECIAL COMMITTEE OF THE SENATE ON THE CLAIMS OF THE UNIVERSITY AGAINST THE LATE PROVINCE OF CANADA. 1. Claim in respect of £1,000 sterling per year for sixteen years, ending 18^3. To '' Senate of the University of Toronto : The Special Committee of the Senate appointed to investigate and report upon the claims of the University against the late Province of Canada, as specified in the resolution of the Senate adopted on the 11th January, 1895, present the following as a Separate Rejiort on the claim of the University in respect of certain arrearages of the yearly giant of £1,000 sterling made by the Crown in 1827 to the University, out of tlie moneys payable by the Canada Company into the Casual and Territorial, or Hereditary Revenues, of the Crown in Upper Canada. 1. That by an agreement between the Imperial Government and the Canada Company, made on tlie 2.3rd May, 1820, by Earl Bathuist, Colonial Secretary, with the directors of the Carada Company, the Company, under the authority given by the Imperial Acts, 6 George IV. c. 75, purchased one million acres of land, for which tliey agreed to pay tiie Government by yearly instalments of from £15,000 to £20,000 sterling |)er annum, for a period of sixteen years, commencing 1st July, 1826, and ending 1st July, 1842. (See Appendix K. to Journals, Upper Canada, 1820-7, and Appendix No. JJO, p. 17, to Journals, 1835.) 2. On the tilst March, 1827, Earl Bathur.st, Colonial Secretary, sent the following Despatch to Sir Peregrine Maitland, Lieutenant-Governor of Upper Canada : — " Sir, — I have the honour to inform you that His Majesty has been pleased to grant a Royal Charter, by Letters Patent under the Gieat Seal [dated 15th March, 1827], for establishing at or nea the town of Yoik, in the Province of Upper Canada, one College, with the stjde and privileges of a University, for the education and instiuction of youth in Arts and Faculties, to continue forever, to be called King's College. " I am further to acquaint you tliat His Majesty has bticn pleased to grant £1,000 per annum as iv fund for erecting the buildings necessary for the College, to be paid out of the moneys furnished by tlie Canada Company, and to continue during the term of that agreement. " I have to authorize you, on the receipt of this Des|)atch, to exchange such Crown Reserves as have not been made over to the Canada Company, for an equal portion of the lands set apart for the purposes of education and foundation of a University, as suggested in your despatch of the 19th December, 1825, and more fully detailed in Dr. Strachan's Report of the 10th March, 182G ; and you will proceed to endow King's College with the said Crown Reserves with as little delay as possible." 3. On the 29th February, 1828, the Lieutenant-Governor communicated the above action of the Imperial Government to the Legislature of Upper Canada by the following Message : — . " The Lieutenant-Governor transrjiits to the House of Assembly, in compliance with its address, a copy of the Royal Charter for erecting the University of King's College in this Province. "The Lieutenant-Governor further informs the House that His Majesty has been pleased to grant, as endowment for the University, 225,944 acres of the n Crown Lands, and to appropriate from the Revenues of the Crown the sum oif £1,000 sterling [out of the moneys payable by the Canada Company] for sixteen years, for the erection of the buildings." (See Journals, 1828, ]i. 78.) 4. At this time these Crown Revenues were not subject to Parliamentary control, as they formed part of the Casual and Territoiial (commonly called " Hereditary") Revenues of the Crown, which the Crown claimed the disposal of by virtue of its Prerogative. And this view was cominunicated to the House of Assembly by the Lieutenant-Governor in 1834, in answer to an Address praying to be informed of the Revenues at the disposal of the Executive Government, as follows : — " There are no Revenues under the control of the Kxecutive Govern- ment of this Province. The only Revenues under the control of the Lords Com- missioners of His Majesty's Treasury, since the relinquishment of the Revenues collected under the Imperial Act, 14 George III. c. 83, are the (Casual and - - - - On from Territorial, including the instalments from the Canada Company. these Revenues the Lieutenant-Governor is authorized to issue Warrants time to time by special orders." (See Journals, 1833-4, p. 139.) 5. The authority for the payment of this £1,000 sterling to the University for the pel iod of sixteen years, mentioned in the foregoing Despatch and Message, was afterwards more formally specified in the Warrant or Order of the Lords Commis.sioners of His Majesty's Treasury, issued in London on the 31st August, 1827, and communicated to the proper officer in Upper Canada. (See further the Despatch from Lord Goderich to the Lieutenant-Governor, dated 23rd May, 1831, in Appendix of 1836, No. 122, p. 4.) And pursuant thereto the grant (then commonly spoken of as the " Royal Grant") was paid over by Upper Canada to the University out of the moneys received from the Canada Company, and which were designated in the Parliamentary Retui-ns as Fund " D. Ga. Co." 6. From these returns it apj)ears that, although the Canada Company paid its first instalment about the 1st July, 1827, the first payment to the University was not made urtil January, 1828, probably because the Treasury Warrant was not received by the Receiver-General until near the end of the year 1827. 7. From several independent sources of information your Committee have ascertained that payments were made for only four and one-half years to the University, instead of sixteen years. In a Report of a Committee of the House of Assembly, printed in Appendix 19 to the Journals of 1835, it appears tho''' £1,000 was paid during each of the years 1828, 1829, 1830 and 1831, and £500 sterling for six months of 1832. In a memorandum enclosed by the Bursar to Mr. Secretai'y Harrison, dated 7th Ma}-, 1842, it is stated that "the grant was regularly paid from the 1st January, 1828, to the last day of June, 1832, being four and one-half years." (See University Commissioners' Report, 1851, p. 117.) And in a Report prepared by the Bursar on the l7th July, 1846, by direction of the University Council, he states that " the donation was continued four and one-half years, till the 1st July, 1832." {Ibid, p. 243.) From the Financial Statements in the Bursar's Office, and from entries on pages 73 and 7\ of the second volume of the Minutes of the University Council, and from a Return presented to the Legislature of Canada in 1843, it appears that the total amount received from the Receiver-General by the University was £4,999 19s. 9d. currency, equal to £4,500 sterling. 8. Your Committee, therefore, find that only the .sum of £4,500 sterling out of the grant of £16,000 sterling was paid by the former Province of Upper Canada (through its Receiver-General) to the University ; although it appears that the Canada Company duly paid to Upper Canada, and Canada, all the instalments (£295,000 sterling = $1,335,666.66) payable under its agreement with the Colonial Secretary above referred to. 9. From the documents appended to the Report of the University Com- mis.sioners, presented to the Legislature of Canada in 1851, it appears that in 1832 4 payment of tlie grant was suspended by the Lieutcnaiit-Oovernor under instruc- tions from tlie Imperial (lovernnieiit. In a letter from the Bursar to the President of the University, datctl the U)th March, IfS.'JS, the act of suspension is thus stated: " 'I'he last hall-yearly payment which I received from the Receiver- General was on till' Ist Jidy, IHH'l. Upon my applying' at the end of the ensuing half year for the usual warrant, 1 was informetl hy the direction of the late Lieutemint-Oovernor Sir John Colborne, that His iv\cellency had received a Despatch from the Home Government that this Royal boon was to be suspended until the Legislature should pass an Act for amending Uie original Charter of the University as shouhl be a])proveil of by the Sovereign." (Report, 1851,]). Ha.) 10. These instructions from the Imperial Government appear to have been the outcome of the public action taken by the House of A.ssembly and other public bodies against the denominational character of the University Charter. [n 1828 and again in 18;U the House of Assembly sent Addresses to the Imperial Government praying that the Charter might be cancelled, or ,so modihed that the honours and privileges of the University might be enjoyed by all classes in tlie community and all denominations oC Chiistians. 11. The policy advocated in these Adch'es.ses was concurred in by the Imperial Government, and in a Des|)atch from the Colonial Secretary to the Lieutenant- Governor of Upper Canada, dated the 2nd November, 1831, the objections to the Charter were elaborately reviewed, anil the following decision was directed to be communicated to the University authorities : " I am to convey through you to the members of the Corporation of King's College, at th'- earnest reconnnendation and advice of His Majesty's Governujent, tnav *h<'^ do forthwith surrender to His Majesty the Charter of King's College, with any lands that may have been granted them." But to assure the Canadian people tliat it was not the intention of the Imjterial Crown to revoke nny grant of property, or in any way to affect or divert the trust endowment, he addcil : " It can scarcely be nece.s,sary to say that no part of the Endowment of the College would ever be diverted from the great object of the education of youth. It must ever be regarded as a fund sacredly and permanently appropriated to that object." 12. This Despatcli was communicated to the Univeisity Council in 1832, and considered by them at several meetings, and on the 2 1st March, 1832, the}' appear to have adopted a Report setting forth their views and declining to surrender the Charter or the Endowment. The Report cannot now be iound among the records of the University, but extracts trom it are given in an address delivered by the Bi.shop of Toronto, President of the University, on the occasion of the opening of the Univer,sity on the Sth June, 1843, pp. 42-45. 13. The request of the Imperial Government to the University Council to surrender the Charter not having been acceded to, the Colonial Secretary the following year instructed the Lieutenant-Governor in a coriHdential Despatch, dated 5th July, 1832, to suspend the annual payment of the grant until the Legislature of Upper Canada should pass ..;i Act amending the original Charter in such a manner as to be in harmony with the policy indicated. 14. Amending BUls were accordingly introduced into the House of Assembly in 1832-3 and 1833-4, but were defeated in the House. In 1835 and 1836 similar Bills were introduced and carried in the A.ssembly, but were defeated in the Legislative Council. And it was not until the session of 183G-7 that a measure was carried in both Houses amending the Charter and I'epealing the objectionable clau.ses, to which measure the Royal Assent was given on the 4th March, 1837. (7 William IV. c. IG.) In the speech proroguing the Legislature after assenting to the Act, the Lieutenant-Governor .said : " Second only in importance * * are those amendments in the Charter of King's College, by which on very liberal principles you have established this capital as the principal seat of learning in British North America. This long disputed subject being finally settled, the niunificient ondowinout of our Sovcrc'if,'ii, will, in nfUlition to othei important julvantages, now prov iiU- u c^oiistniit supply of toiit'liers (lualiHcd to diti'use over tho ruiiu'tc piv' ni the Province the inustinuililc Mcssings of education. 15. This . ^'ave cli'cct to tlic policy ol the Juipcrial Uovernnient ts indicated in the Dcspatc . ■> ret'errcd to, fultilled the conditions imposed, and removed the causes which had led t(j the temporary .suspension of the yearly payment of thi.s grant of £10,000 sterling. And it is claiuicd that thereupon the University became entitled to the payment of the arrearages, and to receive the subsequent yearly payments authorized l»y tho Despatch of the Colonial Secretary, and the warrant of tho Lords Commissioners of His Majesty's Treasury, above referred to. 10. Applications for such arrearages and payments appear to have been made by the University U> the E.\ecutive Government of Upper Canada in 18S8, and in ■subsequent years lip to IN-IG ; l)ut with no result, (rtee Report of 1831, p. 114- 117, and 242). Tlie claim was formally brought before the Uovernor-General of Canada, the llight Hon. C. P. Thomson, at a meeting of tho University Council held on the 2l)th January, 1840, at which were present: His Eycelleuiy the Governor-General, as Chancellor of the University, the Bishop of Toronto, Mr. Justice Jones, Sir Allan N. MaeNab, Hon. C. A. llagarman, Attorney-General, Hon. W. H. Diaper, Solicitor-General, and the llev. Dr. McCaul, when tho follow- ing minute was adopteil, and subsequently approved by the Governor-General and Chancellor : " The Council took into consideration the state of the Uoyal Grant of £1,000 sterling per annum, when it was stated that an arrear of seven and a-half years was due on this grant to the College, amounting, without interest, to £8,333 (is. 6d. currency. The Council deemed it expedient that an immediate application be made to His Excellency tho Governor-General respecting these arrears, accom- panied with a full statement of the circumstances under which they are claimed:" M in. Book, v. 2, p. 1 48. The minutes of this meeting and the Bursar's lettei- to the Chief Secretary of the Governor-General dated the 4th February, 1840, claiming payment of the arrears then due, will be found in Appendix J. to tho Journals of the Legislature of Canada, 1843, and in tho Re|)ort of the University Commissioners (1851), p. 114 and 117. And in a subsequent report of the Bursar to the University Council dated I7th Juno, 1840, it is stated: " The records of this office will show that it was the intention of Lord Sydenham to have obtained *^he arrears for u.s, had not the more inq^ortant events of his administration drawn his attention from the subject." {Ibid. p. 243.) 17. The Casual and Territorial Revenues of the Crown were not surrendered by the Crown until the Union Act, 3 & 4 Victoria, chapter 35 (Imp.) But the conditions under which the Crown proposed surrendering them to the Legislature were stated in a Despatch from Lord Glenelg to the Lieutenant-Governor dated 15th April, 1830, when, in dealing with a claim then made, he said : " That amount [of tho claim] must be placed on the Casual and Territorial Revenue of Upper Canada, as one of tli >se charges to which the good faith of His Majesty is pledged, and subject to which alone His Majesty has consented to divest himself of his control over that Revenue. " I need not here repeat the strong sense which His Majesty entertains of the obligation on him, while contemplating the surrender of the control over the Casual and Territorial Revenue, to maintain inviolate all those charges upon it to which his faith had become previously boundcn." (See Journals 1836-7, p. 465.) 18. The Public Accounts of Upper Canada furnish no information; and the Special Returns sent by the Government in reply to Addresses of the Legislature, furnish very scant and unsatisfactory information respecting the " Casual and Territorial Revenues," of which these moneys from the Canada Company' formed part. "The appropriation of these Revenues was controlled by the Imperial 6 Government; and infDrnmtion respnctinj^ tlieni appears to have been not easily oljtainal)lt' l)y the House of Assembly tVoin the local (lovermnent. The accounts of these llovetiues, as tliey app<'ar in some o'" the lletniiis to the House, wore classed under the two special titl'js of" I). Ca. ('o." or Ciiiuuhi Company's Instal- ments, and " A'.," or King's llijfhts. (Sec Appendix No. 4 to the Journals, 1835.) And in a letter from the ll(!ceiver-vjlenerMl to the Lieutenant-Governor's Secretary, dated 28th Fel)ruaiy, 18:$'), enclosini^ copies of such accounts for the years 1826 to 1832, it is stated that the original accounts for those year.s had been " forwarded to the Board of Audit in London for e.Kamination." (See his letter in Appendix No. 121, 1835.) The accounts referred to in that letter do not appear to have been printetl in the Parliamtnitary Records of Upper Canada ; but there is a copy of a Return for those years in Appendi.v No. I!), 1835. 19. From the Records so available to your Conunittee, partial statements of the receipts and payments on account of Fund JX ('a. ('o , and the other funds formiiiit the Casual and Territorial Revtsnues of the Crown, were laid before the Legislatures of Upper Canada and Canad i, and are printed in the Appendices to the Journals for the year.s hereinafter mentioned: Upitev Canaibi — 1833-4, Appendix, p. lOti ; 1835, Appendix, No.s. 4 and I!); 1836, Appendix, Nos. 18, 99 and 102; 1837-8, Appendix, p. 130 and p. 390; 1839, Appendix, p. 588. Canada — 1841, Appendix B. ; 1843, Appendices J. and S. In these statements there appear to he lai'ge balances to the credit of the fund D. Ca. Co., at the end of the accoinits of each year ; portions of which balances appear to have been applied to reduce overdrafts on fund K., or to discharge certain liabilities of the local Government, leaving, however, more than sufficient of that fund in each year to discharge the liability of the Province of Upper Canada to the University Endowment in respect of this grant of £1,000 sterling. Appendix S. of 1843 contains a statement of the "Casual and Territorial Revenue" of Upper Canada from the 1st January, 1839, to the 9th February, 1841, i. e., up to the day before the union of Upper and Lowei- Canada. It is not as satisfactory or as explanatory as .some of the preceding statementrs. It shows large balances carried over from year to year, and it mixes charges on funds D. and K. together, a majority of which do not appear to be properly chargeable against f imd D. ; and it shows there w/w^carried into the accounts of the Province of Canada at the Union, balances of the united funds, D. and K. In a statement appended by the Receiver-General to his accounts of these funds given in Appendix No. 19 of 1835, he says that many salaries and charges, although authorized by His Majesty's Government to be paid out of any funds under the control of His Majesty, had been charged against funds K. {King's Rights) and D. Ca. Co. (Canada Compan\') ; this latter fund being made in his accounts to bear the heavy overdrafts chargeable against fund A'. Fi'om the available .sources of information it would seem to 3'our Committee reasonable to infer that these .special Crown Revenues were applicable, firstly, to the .special charges in favour of the institutions and individuals specified in the Orders or Warrants of the Lords Commissioners of His Majesty's Tieasury or Despatches of the Colonial Secretary, and secondly, to the salaries, charges and expenditures of the local Government, payable out of any funds received by or untler the control of that Goveinment. The »laim of the University maj' properly be classed among the first as a special charge on the fund D. Ca. Co., in piiority to jiny general expenses of the Provincial Government. 20. Your Committee recommend that a farther investigation of the accounts of this fund D. Ca. Co., .should be made in the Public Books of Account of the Provinces of Upper Canada and (Canada, and also that a search should be made in the Archives Office, Ottawa, for any other Despatches affecting the same ; and, if necessary, in tho Public Record Office in London. Tt i«, however, cleivr that Upper Canada's finances obtained tlie benefit of tlic fund D. up to tlie Union of tho Provinces of Upper and Lower Canada in IHH ; and those ot tho late Province of C been front time to time vested, since this claim nuitured. The University Charter Amendment Act of 1837, made the Lieutenant- Governor, the Speakers of the two Houses and the Law Officers of the Crown, together with the President and Professors appointed by the (.'rown, the University Council, and under ilie Charter tliat body had the manngemcnt of the endowment. The University Act of 1849, 12 Victoria, chapter 82, changed the name of the University of King's College to that of the University of Toronto; and by .sec- tion 32, vested all the property and effects of King's Colli-ge in the University corporation created by the Act. By section 33 it was d'clared that all debts to tlie said University (of King's College), or to its University corporation, and all p jcurities held by the .same, should be available, stand, and continue of good p\M'port, and full force and strength, to the corporation of tho University of Toronto, with power to sue for and rec(ner tlie same. The management and superinten- dence over the aHairs and business of the University endowment were given to a Senate appointed by the Crown. (See ss. .') and 10.) The Act also constituted an Endowment Hoard of five members appointed by the Crown and the other authorities mentioned in the Act, whose duty it was to have the general charge, su|>erintendence, and management of the whole property and effects of the University under certain University statutes. (See .ss. 21 and 22.) During a portion of the time this Board managed the propeity and a.ssefs of the University, the lion (afterwards Sii) Fiancis tlincks, then a member of the Provincial Government, was the Chairman of the Board. This Act was repealed by an Act introduced into the Legislative Assembl}' of Canada by Mr. Hincks in 1853, 16 Victoria, c. 89. By that Act all the pioperty and effects which had by the Act of 184!^ been vested in the Corporation of the University were transferred to and vested in Her Majesty in trust for Univer.sity purposes. And the Act also declared that e" ery right, title, claim or demand of the said corporation to any real or personal property, debt or suiJi of money, should be vested in the Crown (s. 40). And it further provided that the said property should be managed by a Bursal- appointed by the Crown, and under such powers as should be as.signed to him by the Governor in Council (s. 47). The Act also provided that the management and superintendence of the affairs and bu.siness of the University (subject to the provisions as to the pro- perty) should be in a Senate appointed by the Crown (ss. 4-10), "The U'^iversity Acts were consolidated in C. S. U. C, c. 62, but such con- solidation was declared by chapter 1 of the statutes, not to operate as new laws, but as declaratory of the law contained in the Acts consolidated. The subsequent legislation respecting the University mak 3 no material change either in respect of the Crown's title or its management of he University Endowment. See R. S. 0. (1887), c. 230, ss. 85 and 86 ; c. 231, ,ss. 1, 6 and 7. Thus since 1837 the Legislature has given to the Crown the financial control over the trust property and effects constituting the University Endowment; and since 1853 has vested in the Crown the exclusive right to sue for and recover all debts, money and property belonging to that Endowment, 8 22, Your Coiinnittoo .suhnilt tlio followinf; for tlio considcrutiou of tlio Sonato as a fair simmiary of tlio facts resj^'ctiii;; this claini, to l)o Piovince, duiirifj; the ]ieriod of such receipt, became liable, and was bound to pay, pursuant to the Imperial orders aforesaid, the said ^nuvnt of £1,000 sterling,' to the suid University Kndowment. 4. That pursuant to the said orders the said Province of Upper Canada did pay over to tne^said Uiuversity Kndowment th(f said grant of .£1,000 sterling; for a period of four ami one-half 3ears, amountin},' in all to £4,')00. 5. That in 18;}2 the yearly paynient of th(! said grant was temporarily suspended by direction of the (Colonial Secretary ut)til certain amendments .slioidd be made by the Legislature of Upper Canada to the ('hurter of the Uinversity ; that in 1837 such amendments were made, and it thereupon became the duty of t'le University to (ilaim (as it did) that the right to receive payment of tho arrearages, and of the sub.se(juent yeai'ly payments of the said grant revived. 6. Ihat neither the Province of Upper Canada between 18.']:* an