make a directly opposite impression; for, in regard to the first,--that is, the Clergy,-out of one hundred and fifty, it is known that one hundred and thirty Members of that Body attended on the occasion of laying the Foundation Stone of Trinity College, thus giving to its inauguration their presence and approval; and, in respect to the second, that is the Laity,-they have not only not petitioned this House against the Institution which the Bishop of Toronto has sought to establish, but they have publicly declared in a free assembly that Religion ought to be inseparable from Secular Education Ninth. Because we believe that a policy founded on such principles can never be long upheld in a free Country. LEGISLATIVE COUNCIL, Toronto, 9th July, 1851. GEORGE S. BOULTON. JAMES GORDON. Ordered, That the foregoing Address to Her Majesty the Queen be engrossed, and signed by the Speaker on behalf of this House. It is further, Ordered, That the said Address be presented to His Excellency by such Members of the Executive Council who are Members of this House. July 11th, 1851. The Honourable James Leslie, Provincial Secretary, reported that he had, according to order, waited on His Excellency the Governor General with the Address of this House of Wednesday last, to Her Majesty the Queen, on the subject of a University for the sole use of Members of the Church of England, [in Canada], and that His Excellency had been pleased to receive the same graciously. The Honourable John Macaulay presented a Petition from the Trustees of the Midland District School Society, Kingston, praying for pecuniary aid in support of the said Society. July 16th, 1851. A Message was brought from the Legislative Assembly by the Honourable William Badgley and others, with a Bill intituled : "An Act to Incorporate Trinity College," to which they desire the concurrence of this House. The said Bill was read for the first time, and it was ordered, that the said Bill be read the second time to-morrow. July 17th, 1851. Pursuant to the Order of the Day, the Bill intituled : "An Act to Incorporate Trinity College," was read a second time, and it was ordered, that the said Bill be read a third time to-morrow. July 18th, 1851. Pursuant to the Order of the Day, the Bill intituled, "An Act to Incorporate Trinity College, was read a third time. The question was put, whether this Bill shall pass? It was resolved in the affirmative, and it was,— Ordered, That one of the Masters in Chancery do go down to the Legislative Assembly, and acquaint that House, that the Legislative Council have passed this Bill without any amendment. August 2nd, 1851. The Speaker commanded the Gentleman Usher of the Black Rod to let the Assembly know " it is His Excellency's pleasure they attend him immediately in this House." The Members of the House of Assembly being come with their Speaker, the Clerk of the Crown in Chancery read the Title of a Bill which Bill was assented to in Her Majesty's name by His Excellency the Governor General, as follows: "An Act to Incorporate Trinity College." August 15th, 1851. A Message was brought from the Legislative Assembly by the Honourable Henry John Bou ton and others, to return the Bill intituled: "An Act to Incorporate the Toronto School of Medicine," and to acquaint this House that they have passed the same, with several amendments, to which they desire the concurrence of the Legislative Council. August 27th, 1851. A Message was brought from the Legislative Assembly by Mr. James Smith, and others, with a Bill intituled: "An Act to Repeal the provision Limiting the Distance between the County Town and any additional Grammar School in the same County in Upper Canada," to which they desire the concurrence of this House. The said Bill was read for the first time, and it was ordered that the said Bill be read the second time presently. A Message was brought from the Legislative Assembly by the Honourable William Badgley and others, to return the Bill intituled : "An Act to Incorporate the Burlington Ladies' Academy," and to acquaint this House that they have passed the said Bill, with an amendment, to which they desire the concurrence of the Legislative Council. Which said amendment was then read by the Clerk as follows: Clause A: "And be it enacted, That it shall be the duty of the said Corporation, at all times, when they may be called upon so to do by the Governor of this Province, to render an account, in writing, of their property and affairs, in which shall be set forth, in particular, the income by them derived from property held under this Act, and the means by which the same has been acquired; also, the number of Members of the said Corporation: the number of Teachers employed in the various branches of instruction; the number of Scholors under instruction; and the course of instruction pursued." The said Amendment being read a second time, and the question of concurrence put thereon, the same was agreed to by the House, and it was ordered, that one of the Masters in Chancery do go down to the Legislative Assembly, and acquaint that House that the Legislative Council have agreed to their Amendment made to this Bill, without any amendment. Pursuant to Order, the Bill intituled: "An Act to Repeal the provision Limiting the Distance between the County Town, and any additional Grammar School in the same County in Upper Canada," was read a second time, and it was referred to a Select_Committee of three Members, consisting of the Honourable Messieurs James Crooks, Adam Fergusson and James Morris, to meet and adjourn as they please. August 28th, 1851. The Honourable James Crooks, from the Select Committee to whom was referred the Bill intituled: "An Act to Repeal the provision Limiting the Distance between the County Town and any additional Grammar School in the same County in Upper Canada," reported, that they had gone through the said Bill, and had directed him to report the same to the House, without any amendment. It was then Ordered, That the said Bill be now read for the third time. The same was then read a third time accordingly. The question was put, whether this Bill shall pass? It was resolved in the affirmative. It was further, Ordered, That one of the Masters in Chancery do go down to the Legislative Assembly, and acquaint that House that the Legislative Council have passed this Bill, without any amendment. August 30th, 1851.-The Speaker commanded the Gentleman Usher of the Black Rod, to let the House of Assembly know, that "It is His Excellency's pleasure that they attend him immediately in this House" The Members of that House being come, with their Speaker, the Clerk of the Crown in Chancery read the titles of the Bills which were severally assented to by His Excellency the Governor-General, in Her Majesty's Name, as follows: An Act to Define and Restore certain Rights to Parties therein mentioned. An Act to Repeal the provision Limiting the Distance between the County Town and any additional Grammar School in the same County in Upper Canada. An Act to Incorporate the Toronto School of Medicine. An Act to Incorporate the Burlington Ladies' Academy. His Excellency closed the Session of the Legislature with a Speech from the Throne, in which he made no reference to Educational matters. CHAPTER XXII. EDUCATIONAL ACTS PASSED BY THE LEGISLATURE OF THE PROVINCE OF CANADA IN 1851. Preamble. 14TH AND 15TH VICTORIA, CHAPTER XXXII. AN ACT TO INCORPORATE TRINITY COLLEGE, TORONTO. THE EARL OF ELGIN AND KINCARDINE, GOVERNOR-GENERAL. Passed on the 2nd August, 1851. WHEREAS it has been represented to the Legislature of this Province, that divers inhabitants of the said Province have used their efforts to establish a College in connection with the United Church of England and Ireland, in the City of Toronto, under the style and title of Trinity College, and are engaged in erecting and establishing the same; And WHEREAS it would tend greatly to advance and extend the usefulness of the said College, and to promote the purpose for which it was established, that it should be incorporated; Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly Imperial Act. of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled: An Act to Re-unite the Provinces of Upper and Lower Canada," and it is hereby enacted by the authority of the same, 1. That there shall be, and there is hereby constituted and established at the Corporation of City of Toronto, a body politic and corporate, under the name of Trinity College, established; of Trinity College which Corporation shall consist of Firstly: The Lord Bishop of Toronto, or, in case of the division of the said Diocese, then the Bishops of any Dioceses into which the Diocese of Toronto may hereafter be divided. Secondly, the Trustees of the said Trinity College; and, Thirdly, the College Council of the said Trinity College, not less than three in number; which said Trustees and the Members of the said College Council shall be named in the first instance by the Lord Bishop of Toronto,* and shall, in the event of their death, removal from the Province, dismissal from office, or resignation, be replaced by other persons, to be named in like manner, or in such other manner as may, from time to time, be directed by any Statute of the said College, to be passed for that purpose, and so on continually for ever. whom to consist. Statutes II And be it enacted, That such Corporation shall have perpetual succession, Corporate and have a Common Seal, with power to change, alter, break, and renew the same, powers when, and as often as, they shall think proper; and the said Corporation may, under the same name, contract and be contracted with, sue and be sued, implead and be impleaded, prosecute and be prosecuted, in all Courts and places whatsoever in this Province, and shall have full power to make and establish such and so many Rules, Orders and Regulations, (not being contrary to the Laws of the Country, or this Act), as they shall deem useful, or necessary, as well concerning the System of Education in. as for the conduct and government of, the said College, and of a preparatory School connected with, or dependent on, the same, and of the Corporation thereof, and for the superintendence, advantage and improvement of all the property moveable, or immoveable, belonging to, or which shall hereafter belong Property to the said Corporation; and shall have power to take, under any legal title whatsoever, and to hold for the said College, without any further authority, license, or Letters of Mortmain, all land and property moveable, or immoveable, which may hereafter be sold, ceded, exchanged, given, bequeathed, or granted. to the said Corporation, or to sell, alienate, convey, let, or lease, the same if need be; Provided that the total yearly revenue from the property so acquired, shall not, at any time, exceed the sum of Five Thousand pounds (£5,000); and the said Corporation shall further have the right of appointing an Attorney, or Attorneys, for the Appointing Attorneys management of its affairs and all other rights necesarily incident to a Body Corpo- General powers rate Provided always, that no Rule, Order, or Regulation, which shall be made Proviso: and established by the said Corporation in manner aforesaid, shall be of any force, Statutes to be or effect, until the same shall have been sanctioned and confirmed by the said Lord subject to approval of Bishop. Bishop, or Bishops, as aforesaid. III. And be it enacted, That all the property which shall, at any time, belong To what pur to the said Corporation, as well as the revenues thereof, shall, at all times, be shall be applied. poses property exclusively applied and appropriated to the advancement of education in the said College, or a Preparatory School connected with, or dependent, on the same, and to no other object, Institution, or Establishment, whatever. IV. And be it enacted, That it shall be the duty of the said Corporation at all Corporation to render accounts, times, when they may be called upon so to do by the Governor of this Province, to &c. render an account in writing of their property, in which shall be set forth, in particular, the income by them derived from property held under this Act, and the source from which the same has been derived, also the number of Members of the said Corporation, the number of Teachers employed in the various branches of instruction, the number of Scholars under instruction, and the course of instruction pursued. V. And be it enacted, That this Act shall be considered a Public Act, by all Public Act. Judges, Justices of the Peace, and Officers of Justice, and by all other persons whomsoever, and shall be judicially taken notice of without being specially pleaded. VI And be it enacted, That this Act shall not extend to weaken, diminish, or Rights of the Crown &c.saved. extinguish, the rights and privileges of Her Majesty, Her Heirs and Successors, nor of any other person, or persons, body politic, or corporate, excepting only such rights as are hereby expressly altered, or extinguished. *These appointments are given in a subsequent Chapter. 14TH AND 15TH VICTORIA, CHAPTER CXI. AN ACT TO DEFINE AND RESTORE CERTAIN RIGHTS TO PARTIES THEREIN MENTIONED.* THE EARL OF ELGIN AND KINCARDINE, GOVERNOR-GENERAL. Preamble. Passed on the 30th August, 1851. WHEREAS it is expedient to remove doubts which have arisen in regard to cer13th & 14th Vict. tain provisions of the Nineteenth Section of an Act passed in the Thirteenth and Fourteenth Years of Her Majesty's Reign, and intituled: "An Act for the Better Establishment and Maintenance of Common Schools in Upper Canada "†; and chap. 48 cited. Imperial Act. Each party applying shall be entitled to have a Separate School. Proviso. WHEREAS it is inexpedient to deprive any of the Parties concerned of Rights which they have enjoyed under preceding School Acts for Upper Canada. Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of the Province of Canada constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland and intituled: "An Act to Re-unite the Provinces of Upper and Lower Canada and for the Government of Canada,” and it is hereby enacted by the authority of the same, I. That each of the parties applying, according to the provisions of the said Nineteenth Section of said Act, shall be entitled to have a Separate School in each Ward, or in two, or more, Wards united, as said party, or parties, shall judge expedient in each City, or Town, in Upper Canada : Provided always, that each such School shall be subject to all the obligations and entitled to all the advantages imposed and conferred upon Separate Schools by the said Nineteenth Section of said Act. 14TH AND 15TH VICTORIA, CHAPTER CXXV. AN ACT TO REPEAL THE PROVISION LIMITING THE DISTANCE BETWEEN THE COUNTY TOWN Preamble. Imperial Act. Part of sect. 6 of 405 Vict. c. 19 repealed. Payment of authorized in a certain case. Passed on the 30th August, 1851. WHEREAS inconvenience has arisen from the Proviso hereinafter mentioned: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled: "An Act to Re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada," and it is hereby enacted by the authority of the same, I. That so much of the Sixth Section of the Act passed in the Session held in the Fourth and Fifth Years of Her Majesty's Reign, and intituled: "An Act to make Temporary Provision for the Appropriation of the Funds derived from the sale of School Lands in that part of the Province formerly Upper Canada, and for other purposes," as is in the words following:-" Provided any such additional School shall not be within six miles of the District Town,' shall be and is hereby repealed. II. And be it enacted, That, notwithstanding the provision of an Act passed in allowance to be the Ninth Year of Her Majesty's Reign, intituled: "An Act to amend the Act therein mentioned relating to the Appropriation of Moneys derived from the sale of School Lands in Upper Canada," it shall and may be lawful for the Governor, by and with the consent of the Executive Council, to authorize the payment of the annual allowance to the Board of Trustees of any School, if not less than twenty Scholars shall be educated therein. * For the causes which led to the passing of this Act, see pages 239 of this Volume. For a copy of this Act, see pages 31-49 of this Volume; and for the Nineteen Section o the School Act of 1850, see pages 38, 39 of the Eighth Volume of this Documentary History. 14TH AND 15TH VICTORIA, CHAPTER CLXVI. AN ACT TO INCORPORATE THE BURLINGTON LADIES' ACADEMY, HAMILTON. The Earl of Elgin and Kincardine, Governor-General. Passed on the 30th August, 1851. Be it enacted by the Queen's Most Excellent Majesty, by and with the advic Preamble. and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled: "An Act to Re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada," and it is hereby enacted by the authority of the same, I. That the Mayor of the City of Hamilton, for the time being, George Sylvester Tiffany, John W. Hunter, Edward Jackson, John Fisher, Daniel Cummings Van Norman, Peter Carroll, Robert R. Smiley, Charles Newby Sims, Samuel Black Freeman, Michael Aikman, Alexander Hopkins, and Caleb Hopkins Van Norman, and their Successors, shall be, and they are hereby constituted a Body Corporate, by the name of "Burlington Ladies' Academy," to be located at the City of Hamilton, for the purpose of establishing, maintaining and conducting a Seminary of Learning, for the Education of Females, and the persons above named shall be the Trustees of the said Corporation. II. And be it enacted, That the said Corporation shall have power to purchase, Real Estate. take and hold, real and personal Estate, to the annual value of Fifteen Hundred pounds, (£1,500), Halifax Currency, and to lease, sell, or otherwise dispose of the same, for the use of the said Institution. III. And be it enacted, That the Trustees shall have power to elect the Faculty of the Institution, form Regulations and By-Laws, prescribe the Course of Study, hold Examinations, and regulate the Government and Instruction of the Students, and to fill all vacancies that shall occur in their Board. IV. And be it enacted, That there shall always be Thirteen Trustees of the said Corporation, excepting when a vacancy, or vacancies, shall occur, which vacancy, or vacancies, shall be supplied as aforesaid, within one month after they may happen; and that five of said Trustees shall constitute a quorum for the transaction of business. By-laws. Trustees. Vacancies. V. And be it enacted. That, upon the death, resignation, or removal from this Province, of any Trustee, his vacancy shall be filled, as hereinbefore provided. To render If called upon VI. And be it enacted, That it shall be the duty of the said Corporation, at all Account etc., times, when they may be called upon so to do by the Governor of this Province, by the Goverto render an account in writing of their property and affairs, in which shall be set nor. forth, in particular, the Income by them derived from property held under this Act, and the means by which the same has been acquired, also the number of Members of the said Corporation, the number of Teachers employed in the various branches of Instruction, the number of Scholars under Instruction, and the course of Instruction pursued. |