64 VICTORIA, A. 1901 and degrees in arts and faculties, and all matters regarding the same; the duties of the President of the said College, the number, remuneration and duties of the Professors, Tutors and Lecturers thereof, the management of the revenues and property of the said College, the salaries, stipends, provision and emoluments of and for the President, Professors, Tutors, Lecturers, 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 the said College, and also from time to time by any new rules or ordinances to revoke, renew, augment, or alter all, every or any of the said rules and ordinances as to them shall seem meet and expedient: Provided always, that the said rules and ordinances, or any of them, shall not be repugnant to the Laws and Statutes of the said Province of Upper Canada or to this Act: Provided also, that the said rules and ordinances shall be subject to the approbation of the Chancellor of the said College for the time being, snd shall be forthwith transmitted to the said Chancellor for that purpose, anything in the said Charter to the contrary notwithstanding. 13. And be it, &c. That no religious test or qualification whatever shall be required of or appointed for any persons admitted or matriculated as scholars within the said College, or of persons admitted to any degree in any art or faculty therein, whether such degree be conferred in Law, Physic, or other art or science, anything in the said Charter to the contrary notwithstanding. 14. And be it, &c. That the members of the said Council and their successors forever shall be one distinct and separate body politic and corporate in deed and in name by the name and style of King's College, 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, as shall be found convenient; and that by the same name, they, the said Council 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, tenements and hereditaments of what kind, nature or quality soever, situate and being within the said Province of Upper Canada, so as that the same do not exceed in yearly value the sum of Ten Thousand Pounds lawful money of Upper Canada above all charges and over and above all scholarships, and moreover to take, purchase, acquire, have, hold, enjoy, receive, possess, and retain all or any goods, chattels, charities, or other contributions, gifts, or benefactions whatsoever; and that the said Council and their successors, by the same name, shall and may be able and capable in law to sue and be sued, implead and be impleaded, answer and be answered in all or any Court or Courts of Record within the said Province of Upper Canada 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 and corporate, or any other persons able and capable in Law may or can sue, implead or answer, to be sued, impleaded, or answered in any manner whatsoever; anything in the said Charter to the contrary notwithstanding. 15. And be it, &c., That it shall and may be lawful for the Council of the said University to suspend from his Office the President, or any of the Professors, Tutors or Lecturers, or any member of the said Council, who shall be incapacitated by bodily infirmity, or for any other just and reasonable cause to the said Council appearing. Provided that the grounds of every such suspension shall be recorded in writing and verified on oath of two or more credible and disinterested witnesses, and be entered and recorded at length on the Journals of the said Council, and be signed by the Chancellor or President of the said Council. 16. And be it, &c., That every person so suspended shall thereupon cease to be a member of such Council, or President of the said University, or a Professor, Tutor or Lecturer within the same as the case may be, 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 of that Branch of the Legislature by which such member was appointed. 17. And be it, &c., That it shall and may be lawful for the said Council of the said College from time to time to establish scholarships in the said College for the benefit of SESSIONAL PAPER No. 18 the pupils of the District Schools in this Province. Provided that the amount of each scholarship shall not exceed the annual value of Fifty Pounds per annum. 18. And be it, &c., That it shall and may be lawful for the said College Council, and all persons whatsoever attached to the said College, and they are hereby required at all times without reserve to lay before the several branches of the Legislature of this Province whatever information shall be by them, or either of them, from time to time required relating in any way whatever to the said College and the concerns there of. 19 And be it, &c., That whenever any rule or rules, ordinance or ordinances, shall be passed by the said Council as aforesaid, containing any provisions which shall in any manner relate to or affect the enjoyment or exercice by the Professors, Tutors, Lecturers, Scholars, Graduates, under Graduates, Students, Servants or others whomsoever connected with the said College, of any religious form or mode of worship, or in any way whatever prevent or restrain them or any of them from attending on the Sabbath or other Days whatever place of religious worship they chose, or shall impose or create any penalties, burthens, disabilities or disqualifications, or confer any peculiar or exclusive favours or privileges in respect of the same; or shall in any manner relate to or affect the observance of any rules or discipline appertaining to any church or society of Christians to which any of the persons aforesaid may belong, every such rule or rules, ordinance or ordinances, shall not have any force or effect whatever till the same shall have been laid before the three branches of the Provincial Legislature, and shall, after having been so laid before them and each of them for the space of ten days, receive the sanction thereof. 20. And be it, &c., That it shall and may be lawful for the said Council, and they are hereby required to meet in the said College at Toronto, and for the periods following, namely, commencing on the first Monday in February, in each and every year and ending on the Saturday of the week next following; at which stated time and at no other, it shall and may be lawful for the said Council to do, perform, and execute all the duties and trusts imposed by this Act, or by any rule or ordinance of the said College made under and by virtue of this Act. 21. And be it, &c., That it shall and may be lawful for each of the members of the said Council, while in the active discharge of his said duties at the period aforesaid to have and receive from and out of the funds of the said College, the sum of ten Shillings lawful money of Upper Canada and no more for every days actual attendance during the said weeks and the like sum for every twenty miles in travelling to the said College and returning therefrom to his place of residence. 22. And be it, &c., That it shall and may be lawful for any member of the said Council to tender his resignation during any Session of the Provincial Legislature, to that branch thereof by which he was nominated and appointed, and upon the acceptance of such resignation, such person shall cease to be a member of such Council and it shall thereupon be lawful for the said branch of the Provincial Legislature accepting such resignation forthwith to nominate and appoint another person to be a member of the said Council in the place and stead of the person so resigning as aforesaid. 23. And be it, &c., That if any Professor, Tutor, Lecturer, or other person elected by the said Council, to any Professorship, Tutorship, Lecturership or other Station in the said College shall die in the interval between the annual meetings of the said Council, it shall and may be lawful for the various Professors, Tutors and Lecturers, who have been elected by the said Council, to appoint a fit and proper person to discharge the duties of the said Professor, Tutor or Lecturer, so deceased, till the next meeting of the said Council, and no longer. 24. And be it, &c., That it shall and may be lawful for the said Council, at their appointed meetings and they are hereby required to keep, at every such meeting, a journal of their proceedings, specifying the day and hour of their assembling, the names of the members of the Council in attendance, the resolutions and matters proposed, with the names of the members voting for and against each resolution and matter whether the same be rejected or adopted by the said Council, which record or journal of the said proceedings of the said Council shall at all reasonable times be open at the said College, 64 VICTORIA, A. 1901 to the inspection of the visitor, Chancellor, and other members of the said College, and be laid before the several branches of the Provincial Legislature, whenever by them or either of them required so to do. 25. And be it, &c., That no religious test or qualification whatever shall be required of any Chancellor, President, Professor, Tutor, Lecturer, Scholar or other Person being a candidate for any situation or honour in the said College, nor shall the eligibility of any person to any of the aforesaid stations in the said College, or any other station that may hereafter be created, be in any way or degree dependent upon or regulated, affected or prejudiced by the particular Christian faith of any such candidate, anything in the said Charter to the contrary notwithstanding. 26. And be it, &c., That from and after the passing of this act, there shall not at any time, be, or be allowed to be within the said College any public professor, lecturer, or teacher of doctrinal divinity according to the articles of faith professed by the United Church of England and Ireland or according to the Creed or faith of any other Christian, or other religious church whatever, anything in the said Charter to the contrary in any wise notwithstanding; and it shall not be lawful for the said Council to apply any of the funds now or at any time hereafter belonging to the said University to the support of any public Professor, Lecturer, or Teacher, of such divinity: Provided always that nothing in this act shall extend or be construed to extend, to prevent the students and members of the said University by themselves or their Parents, Guardians or friends, from engaging private tutors for their private instruction in divinity or any other art or science. 27. And be it, &c. That it shall and may be lawful for any member of the said Council to administer any oath required by this act, and any person convicted before any court of competent jurisdiction in this Province, of wilful and corrupt false swearing under any oath administered as aforesaid, shall be deemed and taken to be guilty of perjury, and shall be liable to the like punishment as can be inflicted by the laws of this Province for perjury. 28. And be it, &c. That upon a vacancy occurring in the office of the president of the said College, by the death or resignation of the present President thereof the said situation shall be filled in all times to come by the Council of the said College anything in the Charter of the said College to the contrary thereof, in any wise notwithstanding. 29. And be it, &c. That the visitor of said College shall be appointed by the Council thereof, anything in the said Charter to the contrary not withstanding. No. 14.-AN ACT TO PROMOTE EDUCATION. Archives series Q. Vol. 385-2, p. 330. Whereas it is necessary to make more ample provisions for the Teachers of the Common Schools; and to provide means to enable some of the most talented youth in the Province to pursue their studies in the higher Seminaries of learning which are now, or may hereafter be established in this province: Be it therefore enacted, &c. That the ninth clause of an Act passed in the fifty-sixth year of the reign of His late Majesty King George the Third, entitled, "an Act granting to His Majesty a sum of money to be applied to the use of Common Schools throughout this Province, and to provide for the regulations of said Common Schools" be and the same is hereby repealed. 2. And be it further enacted, &c. That it shall and may be lawful for the inhabitant householder of each and every Township in this Province, at the Town meeting to be held on the first Monday of January in each and every year, to nominate and appoint three fit and proper persons to be Superintendents of Schools in the Township for the year in which they shall be so appointed. 3. And be it further enacted, &c. That it shall be the duty of such Superintendents to appoint a time and place in the Township for which they shall have been chosen, where all Scholars are to attend who may consider themselves to have made such progress in learning as to qualify them to become candidates for the superior Schools; and the said SESSIONAL PAPER No. 18 Superintendents shall from among the Scholars so assembled, select three of the most talented and promising who are to be candidates for admittance into the District School, or such other seminaries of learning which are now or may hereafter be established in this Province. 4. And be it further enacted, &c. That the different Superintendents in each and every Township shall, at their first meeting to be held before the first day of June in each and every year, nominate and appoint a fit and proper person to be a member of the Board of Education, and that the several members hereby appointed in each and every District shall constitute and form the Board of Education for such District. 5. And be it further enacted, &c. That the Board of Education hereby established for each and every District of this Province shall meet on the Monday of the week in which the Court of General Quarter Sessions for each District is to be held in the month of July, and at the place where the said Court is to be held, and in the month of June in such places where the Quarter Sessions is held in June, and then and there appoint their Chairman, and transact such business as the laws of this Province authorise the present Board of Education to do; that three members be a quorum, and that such members as attend be entitled to ten shillings per diem, provided the number of days does not exceed three. 6. And be it further enacted, &c. That so soon as the Board of Education in each District shall consider it advisable they may, before assigning to the Teachers their annual Salaries, reserve a sufficient sum for paying the boarding and tuition at the District School, or other Seminary to be selected by the said Board, of such select number of Scholars from each County, not exceeding eight, as shall be chosen by such members of the Board of Education as shall have been appointed in the different Townships of each County. 7. And be it further enacted, &c. That as soon as the Board of Education in each and every District in this Province shall find that the state of their funds will admit of it, they may set aside a sufficient sum to pay the boarding, tuition and wearing apparel, of one or more select Student or Students from each County, in order to enable him or them to pursue his or their studies in the higher Seminaries of learning, such Student or Students to be chosen by such members of the Board of Education as are appointed by such County. 8. And be it further enacted, &c. That no Student sent either to a District School, or any other Seminary of learning, shall be recalled in a shorter period than three years, unless such members of the Board of Education as reside in the County from which such Student shall have been sent will unanimously agree. 9. And be it further enacted, &c. That the Board of Education in each and every district, shall, at its Meeting in the months of June or July, appoint a time and place in each County where the Schoolmasters of such County shall attend to be publicly examined by the Master of the District School, aided by such Members of the Board of Education as reside in such County. 10. And be it further enacted, &c. That the Board of Education for each and every district may cause its Clerk to acquaint the Schoolmasters, at least six months previous to examination, of the time and place where such examination will be held, and the particular branches of education for which prizes shall be awarded. 11. And be it further enacted, &c. That the Teacher who shall be declared to have obtained the first prize, shall be entitled to one pound yearly, while teaching, over and above his regular salary; second prize, fifteen shillings; third prize, ten shillings; second and third prizes subject to the same condition as the first prize. 12. And be it further enacted, &c. That no Teacher of a common school shall be entitled to any benefit from the education fund, who shall not have attended the County meeting for the examination of Schoolmasters, unless prevented by sickness, to be certified by one of the Trustees of the Common School for which he is the Teacher. 13. And be it further enacted, &c. That the Master of the District School and such Members of the Board of Education as shall have attended the County examination of Schoolmasters, shall be entitled to ten shillings each for every day necessarily employed in the said examination, provided that it does not exceed three days for any one County. 64 VICTORIA, A. 1901 14. And be it further enacted, &c. That for the maintenance and encouragement of education in this Province there shall be established a fund to be entitled. "Education Fund," which said fund shall consist of such sum or sums as the Legislature shall deem fit to appropriate for the same, from the revenues of the Province; secondly, of the interest of the proceeds of the sale of the school lands, and all interest accruing from the proceeds of all other sales of lands appropriated to education; and thirdly, all such monies as may be available from the leasing of land for the purposes of education. 15. And be it further enacted, &c. That all sums of money already paid into the hands of the Receiver General of this Province, or which shall hereafter be paid to him, as the proceeds of land sold to promote Education shall by him be invested in the purchase of any Government debentures authorized by any Act of the Parliament of this Province, and shall be annually placed to the credit of the Education Fund by this Act created. 16. And be it further enacted, &c. That in aid of the present appropriation for the support of Common Schools in each and every district of this Province, there shall be granted to His Majesty, annually, the sum of twelve thousand pounds to be distributed among the several districts hereinafter provided out of any monies which are now raised and levied, or which may hereafter be raised and levied by the authority of Parliament, to and for the uses of this Province. 17. And be it further enacted, &c. That it shall and may be lawful for the Governor, Lieutenant Governor, or person administering the Government of this Province, in each and every year, according to the last preceding census of the population of the Province, to apportion the money already granted by the Legislature, or which shall be hereafter granted, among the several districts, together with such further sums of money as may be afforded from the Education Fund. 18. And be it further enacted, &c. That it shall and may be lawful for the Governor, Lieutenant Governor or person administering the Government of this Province, on or before the fifteenth of June in each and every year, to cause to be transmitted to the Clerk of the Board of Education in each and every district a copy of such warrant as he shall have issued in favour of the Treasurer of such district for the payment of the portion assigned to such district out of the Education Fund. 19. And be it further enacted, &c. That it shall be the duty of the Chairman of of the Board of Education for each and every district of this Province to report the state of the district Common Schools, to the Governor, Lieutenant Governor, or person administering the Government that the same may be laid before the Legislature at its first meeting, for their inspection; and that the Chairman be entitled to ten shillings per diem, for every day necessarily employed in preparing such report, provided it does not exceed five days. 20. And be it further enacted, &c. That it shall and may be lawful to and for the Board of Education in each and every district, to allow the clerks of their respective Boards, in addition to the sum they are now by law authorized to receive, the further sum of five pounds annually. 21. And be it further enacted, &c, That the said sum of twelve thousand pounds annually, shall be paid by the Receiver General of the Province, in discharge of such warrant as may for that purpose be issued by the Governor, Lieutenant Governor, or person administering the Government of this Province for the time being, and shall be accounted for to His Majesty, His Heirs and Successors through the Lords Commissioners of His Majesty's Treasury for the time being, in such manner and form as His Majesty, his Heirs and Successors shall be graciously pleased to direct. 22. And be it further enacted, &c. That this Act shall not go into operation until the first day of January, which will be in the year of our Lord one thousand eight hundred and thirty six. COMMONS HOUSE OF ASSEMBLY 31st day of March 1835. Signed MARSHALL S. BIDWELL Speaker. |
