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Fort Havoc (Wallace Hale)

Info The language of the text is the original used by Wallace Hale. Records acquired by the Provincial Archives are not translated from the language in which they originate.

CAP. XXXIII.

An ACT to enable the Governor and Trustees of the College of New Brunswick, to make a conditional surrender of their Charter, and for the further endowment of the College, upon the granting of a new Charter.

Passed the 25th March, 1823.

Preamble.

WHEREAS the Governor and Trustees of the College of New Brunswick, have by their Petition, under their Seal of Incorporation, to this General Assembly, stated "that by a Provincial Charter under the Great Seal of this Province, bearing date the twelfth day of February, in the year of our Lord one thousand and eight hundred, granted in the King's name, during the administration of the late Lieutenant Governor Carleton, the College of New Brunswick was established and incorporated, with perpetual succession, by the name of the Governor and Trustees of the College of New Brunswick, and with power to confer Degrees in the liberal Arts and Sciences, in the same manner as they are conferred by the Universities in England; that until very lately the funds and state of the Corporation were such as to prevent the Petitioners from attempting to put the Institution into any thing like a Collegiate form; that an attempt has recently been made to organize, and to put into operation, the College, and a President was accordingly appointed, and Statutes proposed and established, under which four Students were matriculated; that the Petitioners are very desirous to see the Institution placed upon a respectable footing, and so as to ensure to those who may receive their instruction there, all the advantages which usually result from a Collegiate education; that in order to effect the same, the Petitioners are of opinion the first step to be taken will be to surrender the Present Charter into the hands of His Majesty, and to solicit one in its place to pass under the Great Seal of the United Kingdom, which the Petitioners have reason to hope may be obtained, together with some other marks of His Majesty's favour; that the estates and property already vested in the Corporation, are so circumstanced as to make it necessary that an Act of the General Assembly should pass, to enable them to surrender the present Charter, conditionally, so as to preserve the rights of the College and the interests of those who hold under titles from the petitioners, and who are connected with the Institution:" And whereas the said Governor and Trustees by their said Petition, have prayed, "that such an Act may pass the General Assembly as may answer the intended purpose,"

Trustees of the College empowered to surrender to His Majesty their Charter of Incorporation, on condition.

Provincial Charter to remain in force until a new one shall be granted.

I. Be it therefore enacted by the Lieutenant Governor, Council, and Assembly, That the said Governor and Trustees of the College of New Brunswick, shall and may have power and authority, and they are hereby authorised and empowered, by an Instrument in writing under their said Seal of Incorporation, to surrender into His Majsty's hands the said Charter of Incorporation, bearing date as aforesaid the twelfth day of Februay, in the year of our Lord one thousand and eight hundred, upon condition that His Majesty will accept of the same, and will be graciously pleased to grant another Charter in its place, for the re-incorporation of the said College. Provided always, That until such new Charter shall be granted, and the same go into operation, the said Provincial Charter, and the powers of the said Governor and Trustees, and all estates and rights vested in them, and all statutes, rules and orders, made or to be made by them, shall continue to exist in the same manner, to all intents and purposes, as if this Act, and the surrender so to be made under and by virtue hereof, had not been made, any thing herein contained to the contrary in any wise notwithstanding.

His Majesty, in case he shall be pleased to grant a new Charter, to be deemed the Founder of the College, and may appoint persons to form the Corporation, with such powers as he may think fit.

II. And be it further enacted, That should His Majesty be graciously pleased to favour this Province with such a Charter as is intended to be prayed for by the said Petition, His said Majesty shall be deemed and taken to be the Founder of the College, and shall be vested with all the rights and powers by Law belonging to the Founder of a College, and that His said Majesty may in and by such new Charter, nominate constitute and appoint, such persons to form the Corporation of the College, and such persons to be Patron and Visitor respectively, with such powers and authorities to be vested in them severally, and in general may put the said Collegiate establishement upon such a footing as to His said Majesty in his Royal Wisdom may seem meet.

Upon the commencement of the exercise of the powers under a new Charter, the Provincial Charter to be cancelled.
Debts owing to the Governor and Trustees to become due to the new Corporation, and Property of all kinds belonging to Governor and Trustees to be vested in the said Corporation.

Tenants of the Governor and Trustees to be Tenants of the new Corporation.

Graduates and Students to be entitled to all benefits resulting, &c.

III. And be it further enacted, That immediately upon the commencement of the exercise of the powers to be vested by the contemplated new Charter, the said Provincial Charter, and the enrolment thereof in the Chancery, shall be, and shall be deemed and taken to be, ipso facto cancelled and annulled, and that all powers and authorities vested, as well in the said Governor and Trustees, as in all and singular the Officers by them appointed, shall from that time cease, and that all debts at that time due, and owing to the said Governor and Trustees, shall thence become debts due and owing to the new Corporation of the said College, and recoverable in the name of such new Corporation as if the same debts had been contracted with them; and that property real and personal of every kind and description which may at that time belong to and be holden by the said Governor and Trustees, shall immediately thereupon be transferred to and vested in the said new Corporation, and be holden thenceforth by such new Corporation in the same manner as the said Governor and Trustees might have held and enjoyed the same if the surrender of the said Provincial Charter had not been made; and that all Tenants of the said Governor and Trustees, shall thereupon be deemed and taken to be Tenants of the said new Corporation in the same manner as if they had originally become Tenants of such new Corporation; and that all the statutes, rules and orders, of the said Governor and Trustees of the College of New Brunswick, shall thenceforth cease to exist. Provided always, that the Graduates and Students of the said College, shall be entitled to all the benefits resulting, or which would have resulted to them severally, if such statutes, rules and orders, had continued in force, and such surrender had not been made, any thing herein contained to the contrary notwithstanding.

IV. [Repealed by 9 & 10 G. 4, C. 29.]

To be deemed a public Act.

V. And be it further enacted, That this Act shall be deemed and taken to be a Public Act, but not to be in force until His Majesty's Royal Approbation be thereunto had and declared.

[This Act was confirmed, finally enacted and ratified, by an Order of His Majesty in Council, dated at the Court at Windsor, the 18th of November 1823.]

________________

C. 33. Anno IV. Geo. IV. A. D. 1823.

[See 10 G. 4, C. 29.]

Index

Preamble.		WHEREAS the Governor and Trustees of the College of New Brunswick, have by their Petition, under their Seal of Incorporation, to this General Assembly, stated "that by a Provincial Charter under the Great Seal of this Province, bearing date the twelfth day of February, in the year of our Lord one thousand and eight hundred, granted in the King's name, during the administration of the late Lieutenant Governor Carleton, the College of New Brunswick was established and incorporated, with perpetual succession, by the name of the Governor and Trustees of the College of New Brunswick, and with power to confer Degrees in the liberal Arts and Sciences, in the same manner as they are conferred by the Universities in England; that until very lately the funds and state of the Corporation were such as to prevent the Petitioners from attempting to put the Institution into any thing like a Collegiate form; that an attempt has recently been made to organize, and to put into operation, the College, and a President was accordingly appointed, and Statutes proposed and established, under which four Students were matriculated; that the Petitioners are very desirous to see the Institution placed upon a respectable footing, and so as to ensure to those who may receive their instruction there, all the advantages which usually result from a Collegiate education; that in order to effect the same, the Petitioners are of opinion the first step to be taken will be to surrender the Present Charter into the hands of His Majesty, and to solicit one in its place to pass under the Great Seal of the United Kingdom, which the Petitioners have reason to hope may be obtained, together with some other marks of His Majesty's favour; that the estates and property already vested in the Corporation, are so circumstanced as to make it necessary that an Act of the General Assembly should pass, to enable them to surrender the present Charter, conditionally, so as to preserve the rights of the College and the interests of those who hold under titles from the petitioners, and who are connected with the Institution:" And whereas the said Governor and Trustees by their said Petition, have prayed, "that such an Act may pass the General Assembly as may answer the intended purpose,"
Trustees of the College empowered to surrender to His Majesty their Charter of Incorporation, on condition. Provincial Charter to remain in force until a new one shall be granted.		I. Be it therefore enacted by the Lieutenant Governor, Council, and Assembly, That the said Governor and Trustees of the College of New Brunswick, shall and may have power and authority, and they are hereby authorised and empowered, by an Instrument in writing under their said Seal of Incorporation, to surrender into His Majsty's hands the said Charter of Incorporation, bearing date as aforesaid the twelfth day of Februay, in the year of our Lord one thousand and eight hundred, upon condition that His Majesty will accept of the same, and will be graciously pleased to grant another Charter in its place, for the re-incorporation of the said College. Provided always, That until such new Charter shall be granted, and the same go into operation, the said Provincial Charter, and the powers of the said Governor and Trustees, and all estates and rights vested in them, and all statutes, rules and orders, made or to be made by them, shall continue to exist in the same manner, to all intents and purposes, as if this Act, and the surrender so to be made under and by virtue hereof, had not been made, any thing herein contained to the contrary in any wise notwithstanding.
His Majesty, in case he shall be pleased to grant a new Charter, to be deemed the Founder of the College, and may appoint persons to form the Corporation, with such powers as he may think fit.		II. And be it further enacted, That should His Majesty be graciously pleased to favour this Province with such a Charter as is intended to be prayed for by the said Petition, His said Majesty shall be deemed and taken to be the Founder of the College, and shall be vested with all the rights and powers by Law belonging to the Founder of a College, and that His said Majesty may in and by such new Charter, nominate constitute and appoint, such persons to form the Corporation of the College, and such persons to be Patron and Visitor respectively, with such powers and authorities to be vested in them severally, and in general may put the said Collegiate establishement upon such a footing as to His said Majesty in his Royal Wisdom may seem meet.
Upon the commencement of the exercise of the powers under a new Charter, the Provincial Charter to be cancelled. Debts owing to the Governor and Trustees to become due to the new Corporation, and Property of all kinds belonging to Governor and Trustees to be vested in the said Corporation. Tenants of the Governor and Trustees to be Tenants of the new Corporation. Graduates and Students to be entitled to all benefits resulting, &c.		III. And be it further enacted, That immediately upon the commencement of the exercise of the powers to be vested by the contemplated new Charter, the said Provincial Charter, and the enrolment thereof in the Chancery, shall be, and shall be deemed and taken to be, ipso facto cancelled and annulled, and that all powers and authorities vested, as well in the said Governor and Trustees, as in all and singular the Officers by them appointed, shall from that time cease, and that all debts at that time due, and owing to the said Governor and Trustees, shall thence become debts due and owing to the new Corporation of the said College, and recoverable in the name of such new Corporation as if the same debts had been contracted with them; and that property real and personal of every kind and description which may at that time belong to and be holden by the said Governor and Trustees, shall immediately thereupon be transferred to and vested in the said new Corporation, and be holden thenceforth by such new Corporation in the same manner as the said Governor and Trustees might have held and enjoyed the same if the surrender of the said Provincial Charter had not been made; and that all Tenants of the said Governor and Trustees, shall thereupon be deemed and taken to be Tenants of the said new Corporation in the same manner as if they had originally become Tenants of such new Corporation; and that all the statutes, rules and orders, of the said Governor and Trustees of the College of New Brunswick, shall thenceforth cease to exist. Provided always, that the Graduates and Students of the said College, shall be entitled to all the benefits resulting, or which would have resulted to them severally, if such statutes, rules and orders, had continued in force, and such surrender had not been made, any thing herein contained to the contrary notwithstanding.
		IV. [Repealed by 9 & 10 G. 4, C. 29.]
To be deemed a public Act.		V. And be it further enacted, That this Act shall be deemed and taken to be a Public Act, but not to be in force until His Majesty's Royal Approbation be thereunto had and declared.
		[This Act was confirmed, finally enacted and ratified, by an Order of His Majesty in Council, dated at the Court at Windsor, the 18th of November 1823.]