The Honourable James Leslie, Provincial Secretary, acquainted the House that he had a Message from His Excellency the Governor-General, under his Sign Manual, which His Excellency had commanded him to deliver to the House and the same was read as follows:—

ELGIN AND KINCARDINE.

The Governor-General informs the Honourable the Legislative Council that the Bill passed by the Legislative Council and the House of Assembly in the month of March, 1849, and reserved for the signification of Her Majesty's pleasure, intituled : "An Act to raise an Income of One Hundred Thousand Pounds, (£10).000,) out of the Public Lands of Canada for Common School Education was specially confirmed and finally enacted by Her Majesty-in-Council on the 4th of March, 1850.

GOVERNMENT HOUSE, Toronto, 27th May, 1850.

May 28th, 1850. The Honourable Hamnett Pinhey presented a Petition from Mr. Charles Sparrow and others, praying for pecuniary aid towards the support of the Roman Catholic College of Bytown, equal to that granted to the like College in Kingston.

June 3rd, 1850. The Honourable Adam Fergusson presented a Petition from Skeffington Connor, Esquire, and others, Members of the Elgin Association for the Social and Moral Improvement of the Coloured population of Canada, praying for an Act of Incorporation for the said Association.

The Honourable Samuel Mills presented a Petition from the Municipal Council of the Township of Brantford, and others, praying that the Office of Chief Superintendent of Education may be merged into one of the Departments of the Government. (See page one of this Chapter.)

The Honourable Joseph Bourret presented to the House a Statement of the Affairs of the College of Bytown, as follows :—

The Act incorporating the College of Bytown, 12 Victoria, Chapter 107, passed on the 30th March, 1849,* defines, by its Sixth Section, That it shall be the duty of the Corporation to lay before each Branch of the Legislature, annually, a Statement of the number of Members of the said Corporation; the number of Teachers; the various Branches of Instruction; the number of Scholars; the Property held by the Corporation, and the Revenues arising therefrom.

At the Convocation, held on the 25th of April 1850, I was entrusted by the Corporation with the duty of taking the necessary steps towards meeting the views of the Legislature. I, therefore, proceed to state the result of my enquiries:

First. The Corporation is composed, at the present moment, of five Members [including the Bishop of the Diocese] :

Secondly. Five Professors give instruction in the divers Branches mentioned in the Prospectus, published on the 15th of September, 1848: The Reverend Mr. Mignault teaches Latin and Mathematics. Mr. Carbet, the Greek Language and English Literature. Mr. Arthur Mignault, Methode. Mr. Collins, Mathematics, Drawing, and English. Mr. Triol, Elements.

Thirdly. This College has been in operation since the 26th September, 1848. About one hundred scholars, thirty-five of whom are boarders, receive instruction in this Establishment, without reference to origin, or creed: about thirty scholars receive a gratuitous Education.

The College occupy, at the present moment a large Wooden House, three stories in height, constructed on the Church Property. A large piece of land, situate in a very fine position between both Towns, has been given by Mr. Bissonet, for the use of the College. When the resources of the Corporation shall permit, they will lose no time in fulfilling the intentions of the Donor, by building a College thereon, sufficiently large for the wants of the population.

The Corporation hold also, Four Hundred Acres of Land in the Township of Gloucester, at a distance of three leagues from Bytown-Lots Numbers 1 and 2 of the First Concession, on the River Ottawa. This land is not yet cleared. At present very little revenue is derived from it. The only revenue of the College is derived from the payments of the Boarders, and the monthly payments of the other Scholars.

It is only by the sacrifices made by the Bishop, and the devotedness of the Professors that this Institution has been supported up to this day.

BYTOWN, June, 1850.

D. D'AUMAUD, Curé of Bytown.

June 4th, 1850. The Honourable John Hamilton presented two Petitions from the University of Queen's College, at Kingston, praying that an adequate grant may be made for the efficient Establishment and Maintenance of the said Univers.ty:

And also, praying that the same amount of annual pecuniary aid may be given to Queen's College School in the said Town, as is granted to the High Schools of Quebec and Montreal.

* This Act will be found on pages 185, 186 of the Eighth Volume of this Documentary History.

June 18th, 1850. The Honourable James Crooks presented a Petition from the Common School Trustees of School Section Number Seven in the Township of Toronto, praying that the Bill before Parliament, regulating Common Schools may not be passed into a Law in its present form.

July 19th, 1850. Pursuant to the Order of the Day, the Eill, intituled: "An Act for the Better Establishment and Maintenance of Common Schools in Upper Canada" was read a second time.

July 24th, 1850. On this day His Excellency the Governor General assented to the Bill for the Better Establishment and Maintenance of Common Schools. See page 17 of this Chapter.

July 25th, 1850. The Honourable James Leslie presented a Petition from the Board of Trustees of Victoria College, at Cobourg, praying for the passing of, "An Act to authorize the removal of the Site of the said College from the vicinity of the Town of Cobourg to the City of Toronto.*

July 26th, 1850. The Honourable James Gordon, presented a Petition from the Honourable Chief Justice Robinson and others, Members of the United Church of England and Ireland, in the Province of Canada. praying that they may be incorporated under the name of Trinity College.

The Honourable James Leslie, presented to the House a Bill, intituled: "An Act to authorize the removal of the Site of Victoria College from Cobourg to Toronto." The Bill was read for the first time..

Ordered, That the said Bill be read a second time on the next Sitting of this House.

July 27th, 1850. A Message was brought from the Legislative Assembly by the Honourable Mr. Attorney General Baldwin and others, with a Bill intituled: "An Act to Remove certain Doubts respecting the Intention of the Act of the last Session of the Parliament of this Province for Amending the Charter of the University of Toronto, and to provide for the institution and endowment of Regius and other Professorships, Lectureships, Scholarships, Exhibitions, Prizes, and other Rewards in the said University, and for other purposes connected with the said University, and with the College and Royal Grammar School of Upper Canada College, forming an Appendage thereof," to which they desire the concurrence of the House.

The Order of the Day being read for a Second Reading of the Bill intituled: authorize the removal of Victoria College from Cobourg to Toronto, it was

Ordered, That the same be postponed until Monday next the 29th instant.

"An Act to

July 29th, 1850. Pursuant to the Order of the Day, the Bill, intituled: An Act to authorize the removal of the Site of Victoria College from Cobourg to Toronto" was read the second time, and it was

Ordered, That the said Bill be engrossed and the same be read a third time tomorrow.

Pursuant to the Order of the Day, the Bill, intituled: "An Act to Remove certain Doubts respecting the Intention of the Act of last Session of the Parliament of this Province for amending the Charter of the University of Toronto, and to provide for the Institution and Endowment of Regius and other Professorships, Lectureships, Fellowships, Scholarships, Exhibitions, Prizes and other Rewards in the said University, and for other purposes connected with the said University, and with the College and Royal Grammar School of Upper Canada College, forming an Appendage thereof," was read a second time, and it was—

Ordered, That the said Bill be committed to a Committee of the Whole House, and it wasOrdered, That the House be now put into Committee on the same. The House, according to Order, was adjourned during pleasure, and put into Committee on the said Bill. After some time the House was resumed, and the Honourable George S. Boulton reported from the said Committee that they had gone through the said Bill, and had directed him to report the same with certain Amendments, which he was ready to submit whenever the House would be pleased to receive them. It was then

Ordered, That the Report be now received, and the said Amendments were then read by the Clerk of the House as follows:

Press 2, line 29: Leave out from "contained" to Members in line 32, and insert "nine." Press 2, line 33: Leave out from "business" to "and," in line 36.

The said Amendments being read a second time, and the question of concurrence put on each, they were severally agreed to by the House. It was then

Ordered, That the said Amendments be engrossed, and the said Bill, (as amended,) be read a third time to morrow.

* A copy of this Petition will be found on page 20 of this Chapter.

July 39th, 1850. The Order of the Day being read, for a third reading of the Bill, intituled : "An Act to Remove certain Doubts respecting the Intention of the Act of the last Session of the Parliament of this Province, for amending the Charter of the University of Toronto and to provide for the institution and endowment of Regius and other Professorships, Lectureships, Fellowships, Scholarships, Exhibitions, Prizes and other Rewards in the said University, and for other purposes connected with the said University, and with the College and Royal Grammar School of Upper Canada College, forming an Appendage thereof, (as amended,) it was

Ordered, That the same be discharged, and that the said Bill, be again committed to a Committee of the whole House. The House according to Order was adjourned during pleasure, and again put into a Committee on the said Bill. After some time spent in Committee, the House was resumed, and it was: the Honourable George J. Goodhue reported from the said Committee that they had again gone through the Bill and had directed him to report the same, with a further Amendment, which he was ready to submit whenever the House would be pleased to receive it. It was then

Ordered, That the Report be now received, and said further Amendment was then read by the Clerk as follows:

Press 4, line 21,-After" purpose," insert Clause A, as follows:

"And be it enacted, That nothing in the three next preceding Sections of this Act contained shall affect, or be construed to affect, in any way the Twelfth Section of the said recited Act, but that the provisions of the said three Sections shall to all intents and purposes whatsoever, be subject to, and limited by the provisions of the said Twelfth Section, as if the same had been inserted in this Act."

The same further Amendment being read a second time, and the question of concurrence put thereon, the same was agreed to by the House. It was then—

Ordered, That the said further Amendment be Engrossed and the said Bill, (as amended,) be read the third time to-morrow.

July 31st, 1850. The Order of the Day being read for the third reading of the Bill, intituled : 66 An Act to Remove certain Doubts respecting the Intention of the Act of the last Session of the Parliament of this Province, for amending the Charter of the University of Toronto, and to provide for the institution and endowment of Regius and other Professorships, Lectureships, Scholarships, Exhibitions, Prizes and other Rewards in the said University, and for other purposes connected with the said University, and with the College and Royal Grammar School of Upper Canada College, forming an Appendage thereof, (as amended,) it was—

Ordered, that the same be postponed until to-morrow.

August 1st, 1850. Pursuant to the Order of the Day, the Bill, intituled: 'An Act to Remove certain Doubts respecting the Intention of the Act of the laft Session of the Parliament of this Province for amending the Charter of the University of Toronto, and to provide for the institution and endowment of Regius and other Professorships, Lectureships, Fellowships, Scholarships, Exhibitions, Prizes, and other Rewards, in the said University, and for other purposes connected with the said University, and with the College and Royal Grammar School of Upper Canada College, forming an Appendage thereof, was (as amended) read a third time.

The question was put whether this Bill (as amended) shall pass? It was resolved in the affirmative. It was then

Ordered, That one of the Masters in Chancery do go down to the Legislative Assembly, and acquaint the House that the Legislative Council have passed this Bill with certain Amendments, to which they desire their concurrence.

August 2nd, 1850. A Message was brought from the Legislative Assembly by the Honourable Mr. Attorney General Baldwin, and others, to return the Bill intituled: “An Act to Remove certain Doubts respecting the Intention of the Act of last Session of the Parliament of this Province for amending the Charter of the University of Toronto, and to provide for the institution and endowments of Regius, and other Professorships Lectureships, Fellowships, Scholarships, Exhibitions, Prizes and other Rewards in the said University, and for other purposes connected with the said University, and with the College and Royal Grammar School of Upper Canada College, forming an Appendage thereof," and to acquaint this House that the Legislative Assembly have agreed to the Amendments made by the Legislative Council to the Bill, without any Amendment.

August 5th, 1850. A Message was brought from the Legislative Assembly by Mr. SolicitorGeneral John S. Macdonald and others, with a Bill, intituled : "An Act to provide for the payment of the sum of money therein mentioned, for the use and support of three additional Grammar Schools in the County of York, Upper Canada, for the year One Thousand Eight Hundred and Forty-nine (1849,)" 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 tomorrow.

August 6th, 1850. Pursuant to the Order of the Day, the Bill, intituled: "An Act to provide for the payment of the sum of money therein mentioned for the use and support of three additional Grammar Schools, in the County of York, Upper Canada, for the year One Thousand Eight Hundred and Forty-nine, (1849,)" was read the second time, and it was—

Ordered, That the said Bill be read the third time tomorrow.

August 7th, 1850. Pursuant to the Order of the Day, the Bill, intituled: "An Act to provide for the payment of the sum of money therein mentioned for the use and support of three additional Grammar Schools, in the County of York, Upper Canada, for the year One Thousand Eight Hundred and Forty-nine, (1849,)" was read the third time. The question was put whether this Bill shall pass? It was resolved in the affirmative.

A Message was brought from the Legislative Assembly by the Honourable John Hillyard Cameron and others with a Bill, intituled : “ An Act to Incorporate the Elgin Association for the Settlement and Moral Improvement of the Coloured Population of Canada," to which they desire the concurrence of this House. The said Bill was read for the first time, and it wasOrdered, that the said Bill be read the second time to-morrow.

August 8th, 1850. The Order of the Day being read for a second reading of the Bill, intituled An Act to Incorporate the Elgin Association, for the Settlement and Moral Improvement of the Coloured Population of Canada," it was moved that the said Bill be now read for the second time. Which being objected to, the question of concurrence was put thereon, and the same was resolved in the affirmative Whereupon the said Bill was read the second time, and it was

Ordered, that the said Bill be referred to a Select Committee of three Members, and it was further

Ordered, that the Committee be the Honourable Messieurs James Crooks James Morris, and John Ross, to meet and adjourn as they please.

The Honourable James Crooks, from the Select Committee, to whom was referred the Bill, intituled: "An Act to Incorporate the Elgin Association, for the Settlement and Moral Improvement of the Coloured Population of Canada, reported that they had gone through the said Bill, and had directed him to report the same to the House without any Amendment."

Ordered, that the forty-sixth Rule of this House be dispensed with, in so far as it relates to the same Bill, and that the same be read a third time presently. The said Bill was then read a third time accordingly. The question was put whether this Bill shall pass? It was resolved in the affirmative. It was then

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 10th, 1850. A Message was received from His Excellency the Governor General stating that it was His Excellency's pleasure that the Members of the House of Assembly should attend him in the Senate Chamber, who, being come with their Speaker, His Excellency assented to the following, among other Bills, in Her Majesty's name, videlicet :

1. An Act to Remove certain Doubts respecting the Intention of the Act of the last Session of the Parliament of this Province for amending the Charter of the University of Toronto, and to provide for the institution and endowment of Regius and other Professorships, Lectureships, Fellowships, Scholarships, Exhibitions, Prizes and other Rewards in the said University, and with the College and Royal Grammar School of Upper Canada College, forming an Appendage thereof.

2. An Act to authorize the removal of the Site of Victoria College from Cobourg to Toronto.

3. An Act to provide for the payment of the sum of money therein mentioned, for the use and support of three additional Grammar Schools in the County of York, Upper Canada, for the year one thousand eight hundred and forty-nine, (1849.)

4. An Act to incorporate the Elgin Association for the Settlement and Moral Improvement of the Coloured Population of Canada.

In the closing Speech from the Throne, His Excellency made no reference to any educational matters.

CHAPTER II.

EDUCATIONAL ACTS PASSED BY THE LEGISLATURE OF THE PROVINCE OF CANADA, 1850.

ANNO TERTIO DECIMO, ET QUARTO-DECIMO: VICTORIÆ REGINE: CAPUT XLVIII.

AN ACT FOR THE BETTER ESTABLISHMENT AND MAINTENANCE OF COMMON SCHOOLS IN UPPER CANADA, 1850.

THE EARL OF ELGIN AND KINCARDINE, GOVERNOR GENERAL OF BRITISH NORTH AMERICA.

Passed on the 24th of July, 1850.

(NOTE. Those parts of the original Bill on which the following Act is founded, which were omitted, or modified, by the Legislature, are enclosed in square brackets; the additions made to the Bill are printed in italic type.)

WHEREAS it is expedient to make provision for the Better Establishment and Preamble, Maintenance of Common Schools in the several Villages, Towns, Cities, Townships and Counties of Upper Canada :

Proviso:

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 1840. 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 Two Acts reLower Canada, and for the Government of Canada. And it is hereby enacted by pealed. the authority of the same, that the Act of the Parliament of this Province, passed in the Seventh year of Her Majesty's Reign (1843), intituled: "An Act for the Better 1843. Establishment and Maintenance of Common Schools in Upper Canada," and also the 1849. Act passed in The Twelfth Year of Her Majesty's Reign (1849), Chapter 83, and intituled: "An Act for the Better Establishment and Maintenance of Public Schools in Upper Canada, and for Repealing the present School Act,” shall be, and the same are hereby repealed:

contracts,

Provided always, neverthless, Firstly, that no Act or part of an Act repealed by either of the Acts hereby repealed, shall be revived by the passing of this Act: And provided also, Secondly, that the repeal of the said Acts shall not extend, or be construed to extend, to any act done, any penalty incurred, or any proceeding had under the said Acts, or either of them: And provided also, Thirdly, that all School Sections, All school divisor other School divisions, together with all elections and appointments to office, all ions, elections, agreements, contracts, assessmen's, and Rate-Bills. made under the authority of appointments, the said Acts, or of any preceding Act, and not annulled by the said Acts, or by this confirmed. Act, or by any of them, shall be valid and in full force and binding upon all parties concerned, as if made under the authority of this Act, and shall so continue until altered, modified, or superseded, according to the provisions of this Act: And provided also, Fourthly, that nothing herein contained shall affect the liability of any District, County, City, Town, or Township, Superintendent of Common Schools, to the Municipal Corporation to which he would otherwise be responsible for the same, for any moneys received by him under either of the said Acts; but the liabilities of every such Superintendent for such moneys shall be and remain as if this Act had not been passed: And provided also, Fifthly, that nothing in the said Act secondly above recited, contained, shall extend, or be construed to extend, to have repealed any Act of the Parliament of this Province, whereby provision was made for the appropriation of money from the Consolidated Revenue fund of this Province, for or towards the Establishment and Maintenance of Common Schools in this Province, or in any part thereof.