SESSIONAL PAPER No. 18 the premises into our Royal consideration, and duly weighing the great utility and importance of such an institution, have, of our special grace, certain knowledge, and mere motion, ordained and granted, and do by these presents, for us, our heirs and successors, ordain and grant, that there shall be established at or near our Town of York in our said Province of Upper Canada, from this time, one College, with the style and privileges of an University as hereinafter directed, for the education and instruction of youth and students in arts and faculties, to continue for ever to be called "King's College." And we do hereby declare and grant, that our trusty and well beloved Right Reverend Father in God, Charles James, Bishop of the Diocese of Quebec, or the Bishop for the time being of the Diocese in which the said Town of York may be situate, or any future division or alteration of the said present Diocese of Quebec, shall for us and in our behalf be the Visitor of the said College; and that our trusty and well beloved Sir Peregrine Maitland, our Lieutenant Governor of our said Province, or the Governor, Lieutenant Governor, or other person administering the Government of our said Province for the time being, shall be Chancellor of said College. And we do hereby declare, ordain, and grant, that there shall at all times be one President of our said College, who shall be a Clergyman in Holy Orders of the United Church of England and Ireland; and that there shall be such and so many Professors in different arts and faculties within our said College as from time to time shall be deemed necessary or expedient and as shall be appointed by us or by the said Chancellor of our said College on our behalf, and during our pleasure. And we do hereby grant and ordain that the Reverend John Strachan, Doctor in Divinity, Archdeacon of York, in our said Province of Upper Canada, be the first President of our said College, and the Archdeacon of York in our said Province for the time being, shall, by virtue of such his office, be at all times the President of the College. "And we do hereby, for us our heirs and successors, will ordain and grant that the said Chancellor and President, and the said professors of our said College, and all persons who shall be duly matriculated into and admitted as scholars of our said College and their successors for ever shall be one distinct and separate body, politic and corporate in deed and in name, by the name and style of the "Chancellor, President, and Scholars of King's College at York, in the Province of Upper 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 alter, renew or change, such common seal at their will and pleasure, and as shall be found convenient, and that by the same name they the said Chancellor, President and Scholars, and their successors from time to time and at all times hereafter shall be able and capable to have, take, receive, purchase, acquire, hold, possess, enjoy and maintain, to and for the use of the said College, any messuages, lands and tenements and hereditaments of what kind, nature or quality soever, situate and being within our said Province of Upper Canada, so as the same do not exceed in yearly value the sum of £15,000 above all charges, and moreover to take, purchase, acquire, bave, hold, enjoy, receive, possess and retain, all or any goods, chattels, charitable or other contributions, gifts or benefactions whatsoever. "And we do hereby declare and grant that the said Chancellor, President and scholars and their successors by the same name shall and may be able and capable in law to sue and to be sued, implead and be impleaded, answer and be answered, in all or any court or courts of record within our United Kingdom of Great Britain and Ireland, and our said Province of Upper Canada and other our dominions; in all and singular actions, causes, pleas, suits, matters and demands whatsoever of what nature or kind soever in as large, ample, and beneficial a manner and form as any other body politic or corporate, or any other liege subjects, being persons able and capable in law, may or can sue, implead or answer, or be sued, impleaded or answered, in any matter whatsoever. "And we do hereby declare ordain and grant that there shall be within our said college or corporation a council, to be called and known by the name of "The College Council;" and we do will and ordain that the said Council shall consist of the Chancellor, President for the time being, and of seven of the Professors in arts and faculties of our 64 VICTORIA, A. 1901 said College, and that such seven professors shall be members of the Established United Church of England and Ireland, and shall previously to their admission into the said College Council, severally sign and subscribe the thirty nine articles of religion, as declared and set forth in the book of Common prayer. And in case at any time there should not be within our said College seven professors of arts and faculties, being members of the Established Church aforesaid, then our will and pleasure is and we do hereby grant and ordain that the said College Council shall be filled up to the requisite number of seven exclusive of the Chancellor and President for the time being, by such persons, being graduates of our said college and being members of the Established Church aforesaid, as shall for that purpose be appointed by the Chancellor for the time being of our said College; and which members of Council shall in like manner subscribe the thirty nine Articles aforesaid previously to their admission into the said College Council. And whereas it is necessary to make provision for the completion and filling up of the said council at the first institution of our said College, and previously to the appointment of any professors or the conferring of any degrees therein. Now we do further ordain and declare that the Chancellor of our said College for the time being, shall upon or immediately after the first institution thereof, by warrant under his hand, nominate and appoint seven discreet and proper persons, resident within our said Province of Upper Canada, to constitute jointly with him the said Chancellor, and the President of our said College for the time being, the first or original Council of our said College, which first or original members of the said Council shall in like manner respectively subscribe the thirty-nine Articles aforesaid previously to their admission into the said Council. And we do further declare and grant that the members of the said College Council, holding within our said College the offices of Chancellor, President or Professor, in any art or faculty, shall respectively hold their seats in the said Council so long as they and each of them shall retain such other offices as aforesaid and no longer and that the members of the said Council not holding office in our said College, shall from time to time vacate their seats in the said Council when and as soon as there shall be an adequate number of Professors in our said College, being members of the Established Church aforesaid to fill up the said Council to the requisite number before mentioned. And we do hereby authorize and empower the Chancellor for the time being of our said College, to decide in each case what particular member of the said Council not holding any such office as aforesaid shall vacate his seat in the said Council upon the admission of any new member of Council holding any such office. And we do hereby declare and grant that the Chancellor for the time being of our said College shall preside at all meetings of the said College Council, when he may deem it proper or convenient to attend, and that in his absence, the President of our said College shall preside at all such meetings; and that in the absence of the said President, the senior member of the said Council, present at any such meeting shall preside thereat, and that the seniority of the members of the said Council, other than the Chancellor and President shall be regulated according to the date of their respective appointments: Provided always that the members of the said Council being Professors in our said College, shall in the said Council take precedence over and be considered as seniors to the members thereof, not being Professors in our said College. And we do ordain and declare that no meeting of the said Council shall be, or be held to be a lawful meeting thereof, unless five members at the least, be present during the whole of every such meeting; and that all questions and resolutions proposed for the decision of the said College Council, shall be determined by the majority of the votes of the members of Council present, including the vote of the presiding member; and that in the event of an equal division of such votes, the member presiding at any such meeting shall give an additional or casting vote. And we further declare that if any member of the said Council shall die or resign his seat in the said Coumcil, or shall be suspended or removed from the same, or shall, by reason of any bodily or mental infirmity, or by reason of his absence from the said Province become incapable for three calendar months or upwards of attending the meetings of the said Council, then and in every such case, a fit and proper person shall be appointed by the said Chancellor to act as, and be a member of the said Council in SESSIONAL PAPER No. 18 the place or stead of the member so dying or resigning or so suspended or removed or incapacitated as aforesaid; and such new member succeeding to any member so suspended or incapacitated shall vacate such his office on the removal of any such suspension or at the termination of any such incapability as aforesaid, of his immediate predecessor in the said Council. And we do further ordain and grant, that it shall and may be competent to and for the Chancellor for the time being of our said college, to suspend from his seat in the said Council, any member thereof, for any just and reasonable cause to the said Chancellor appearing provided that the ground of every such suspension shall be entered and recorded at length by the said Chancellor in the books of the said Council, and signed by him; and every person so suspended shall thereupon cease to be a member of the said Council, unless and until he shall be restored to and re-established in such his station therein, by any order to be made in the premises by us or by the said visitor of our said College, acting on our behalf, and in pursuance of any special reference from us. And we do further declare that any member of the said Council who, without sufficient cause to be allowed by the said Chancellor by an order entered for that purpose on the books of the said Council, shall absent himself from all the meetings thereof which may be held within any six successive calendar months, shall thereon vacate such his seat, in the said Council. And we do by these presents for us, our heirs and successors, will, ordain, and grant that the said Council of our said College shall have power and authority to frame and make statutes, rules and ordinances, touching and concerning the good government of the said College, the performance of Divine service therein, the studies, lectures, exercises, degrees in arts and faculties and all matters regarding the same, the residence and duties of the President of our said College, the number, residence and duties of the Professors thereof, the management of the revenues and property of the said College, the salaries, stipends, provisions, and emoluments of and for the President, Professors, Scholars, Officers and Servants thereof, the number and duties of such Officers and Servants, and also touching and concerning any other matter or thing which to them shall seem good, fit and useful for the well being and advancement of our said College and agreeable to this our Charter. And also from time to time by any new statutes, rules or ordinances, to revoke, renew, augment, or alter all, every, or any of the said statutes, rules and ordinances as to them shall seem meet and expedient. Provided always, that the said statutes, rules and ordinances, or any of them, shall not be repugnant to the laws and statutes of the United Kingdom of Great Britain and Ireland, or of our said Province of Upper Canada, or to this our Charter. Provided also, that the said statutes, rules and ordinances, shall be subject to the approbation of the said Visitor of the said College for the time being, and shall be forthwith transmitted to the said Visitor for that purpose and that in case the said Visitor shall for us and in our behalf, in writing, signity his disapprobation thereof within two years, of the time of their being so made and framed, the same or such part thereof as shall be so disapproved by the said Visitor, shall from the time of such disapprobation being made known to the said Chancellor of our said College, be utterly void and of no effect, but otherwise shall be and remain in full force and virtue. Provided, nevertheless, and we do hereby expressly save and reserve to us, our beirs and successors, the power of reviving, confirming or reversing, by an order or orders to be by us or them made in our or their Privy Council, all or any of the decisions, sentences, or orders so to be made as aforesaid by the said Visitor for us and on our behalf in reference to the said statutes, rules and ordinances, or any of them. And we do further ordain and declare that no statute, rule or ordinance shall be framed or made by the said College Council, touching the matters aforesaid, or any of them, excepting only such as shall be proposed for the consideration of the said Council by the Chancellor, for the time being, of our said College. And we do require and enjoin the said Chancellor thereof to consult with the President of our said College, and the next senior member of the said College Council, respecting all statutes, rules and ordinances, to be proposed by him to the said Council for their consideration. 64 VICTORIA, A. 1901 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 from time to time in full vigour and effect, under the penalties to be thereby or therein imposed or contained. And we do further will, ordain and grant, that the said College shall be deemed and taken to be an University and shall have and enjoy all such and the like privileges as are enjoyed by our universities of our United Kingdom of Great Britain and Ireland, as far as the same are capable of being had or enjoyed by virtue of these our letters patent; and that the students in the said College shall have liberty and facility of taking the degrees of Bachelor, Master and Doctor in the several arts and faculties at the appointed times, and shall have liberty within themselves of performing all scholastic exercises for the conferring such degrees, in such manner as shall be directed by the statutes, rules and ordinances of the said College. And we do further will, ordain and appoint, that no religious test or qualification shall be required of or appointed for any persons admitted or matriculated as scholars within our said College, or of persons admitted to any degree in any art or faculty therein, save only that all persons admitted within our said College to any degree in divinity, shall make such and the same declarations and subscriptions, and take such and the same oaths as are required of persons admitted to any degree in Divinity, in our University of Oxford. And we do further will, direct and ordain, that the Chancellor, President and Professors of our said College, and all persons admitted therein to the degree of Master of Arts, or to any degree in Divinity, Law or Medicine and who from the time of such their admission to such degree, shall pay the annual sum of Twenty Shillings, sterling money, for and towards the support and maintenance of the said College, shall be and be deemed, taken and reputed to be the members of the Convocation of the said University, and as such members of the said Convocation, shall have, exercise and enjoy all such and the like privileges as are enjoyed by the members of the Convocation of our University of Oxford, so far as the same are capable of being had and enjoyed by virtue of these our letters, patent and consistently with the provisions thereof. And we will, and by these presents, for us, our heirs and successors do grant and declare, that these, our letters patent, or the enrolment or exemplification thereof, shall and may be good, firm, valid, sufficient, and effectual in the Law, according to the true intent and meaning of the same; and shall be taken, construed and adjudged in the most favourable and beneficial sense for the best advantage of the said Chancellor, President and Scholars of our said College as well in 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, non recital, omission, imperfection, defect, matter, cause, or thing whatsoever to the contrary thereof in any wise notwithstanding. AND WHEREAS his present Majesty WILLIAM THE FOURTH, has been graciously pleased to signify through His Majesty's Principal Secretary of State for the Colonies, Earl Ripon, by his despatch of the 8th of November, 1832, communicated to the Legislature by His Excellency, by message, that so far from any anxiety having been felt by His Majesty's Government to maintain the said Charter against the wishes of the great majority of the people, every possible measure has been taken to refer to their represen tatives the decision of the question in what form and upon what principles the said College should be founded. Be it, de. That from and after the passing of this Act the said University shall be upon the principle and in the form hereinafter provided, anything in the said charter to the contrary notwithstanding: Provided always, That the said Charter shall be and continue in force except so far as it is altered and varied by the provisions of this Act. 2. And be it, &c., That from and after the passing of this Act, it shall not be necessary for the President of the said University to be a Clergyman in Holy Orders of the United Church of England and Ireland, anything in the said Charter to the contrary notwithstanding. SESSIONAL PAPER No. 18 2. And be it, &c., That from and after the passing of this Act, the Archdeacon of York, now City of Toronto, for the time bein, shall not by virtue of his office of Archdeacon, be at all times President of the said University, anything in the said Charter to the contrary notwithstanding. 4. And be it, &c., That from and after the passing of this Act, the Professors of the said College and the Council thereof, shall not be required to be members of the said Established United Church, or to subseribe the thirty-nine Articles thereof, anything in the Charter to the Contrary notwithstanding. 5. And be it, &c., That there be at at all times as many Professors, Tutors, and Lecturers in the different Arts and faculties in the said College as from time to time shall be deemed necessary or expedient and as shall be appointed in the manner hereinafter provided and in no other manner anything in the said Charter to the contrary notwithstanding. 6. And be it, &c., That there shall be within the said College in the place and stead of the Council in the said Charter mentioned, a Council to be called and known by the name of the Council of King's College, which Council shall consist of twelve persons, one half of the number of which persons shall be nominated by the Legislative Council, and the other half by the House of Assembly, which persons so nominated shall be certified by the respective Houses to the Governor, Lieutenant Governor, or person administering the Government for the time being, and shall hold their offices for four years from the day of such nomination and thence until the then next Session of the Provincial Parliament and no longer. 7. And be it, &c., That if any member of the said Council shall die or shall be suspended or removed from his said office, or shall by reason of any bodily or mental infirmity, or by reason of his absence from the said Province, become incapable for six calendar months or upward, of attending the meetings of the said Council then and in every such case a fit and proper person shall be appointed by the rest of the said Council to act and be as a member of the said Council in the place and stead of the member so dying or so suspended or removed or incapacitated as aforesaid, and the appointment of such new member, of the said Council shall be communicated to the Provincial Legislature through the Governor, Lieutenant Governor or person administering the Government for the time being, at their next Session, and it shall and may be lawful for that branch of the Legislature by which the person so dying or suspended or removed or incapacitated as aforesaid was appointed either to confirm the said temporary appointment made by the said Council aforesaid, or to appoint another, as such branch of the Legislature shall think fit. 8. And be it, &c., That no meeting of the Council shall be taken or held to be a lawful meeting thereof nor any question to be taken except to adjourn unless nine members at the least be present during the whole of every such meeting and that all questions and resolutions proposed for the decision of such College Councils, shall be determined by the majority of the members of the Council present, including the vote of the presiding member, and that in the event of an equal divi-ion of such votes, the member presiding at any such meeting shall give an additional or casting vote. 9. And be it, &c., That any member of the said Council may at any time be suspended or removed by a joint resolution of the two branches of the Provincial Legisla ture. 10. And be it, &c., That it shall and may be lawful for the said Council of the said College from time to time to nominate and elect so many Professors, Tutors and Lecturers in the several arts, sciences, and matters of learning, as shall to them seem fit and necessary for the system of education in the said College. 11. An be it, &c. That the President, Professors, Tutors, Lecturers, Graduates, under Graduates, Scholars, Officers and Servants of the said College, and every person holding any situation of honour or trust in the same, shall be subject to all and every of the rules and ordinances of the said College, made and provided according to the Act. 12. And be it, &c. That the said Council of the said College shall have power and authority to propose, frame, and make rules and ordinances touching and concerning the peace, welfare, and good government of the said College, the studies, lectures, exercises, |