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The Charter of McGill College

To all whom these presents shall come,

Greeting:

Whereas his late Majesty George the Fourth was graciously pleased, by Letters Patent bearing date at Westminster, on the Thirty-first day of March, in the Second year of his Reign, to establish at Burnside, near the City of Montreal in the Province of Lower Canada, an University, the first College of which, by the said Charter, is called “McGill College,” which Charter is in the following words:

And whereas it is deemed expedient for the interests of the said College, and for the augmentation of its funds, and for the better and more easy management of its affairs and the government of the said College, to make certain alterations in the provisions of the said hereinbefore recited and existing Letters Patent, which said alterations are and have been assented to by the said Royal Institution for the Advancement of Learning and by the said Corporation of the said College:

Now Know Ye, that We, of Our special Grace, certain Knowledge and mere motion, have willed, ordained and granted, and by these presents do, for Us, Our Heirs, and Successors, will, ordain and grant that henceforth from the date hereof, the members of the Royal Institution aforesaid for the time being shall be and remain Governors of the said College, and shall have and exercise all and every the powers, authority and jurisdiction given and granted unto the Governors nominated and appointed in and by the said Letters Patent, save only in so far as the provisions of the said Letters Patent in that behalf are or may be by these presents altered; and shall also have and exercise all and every the powers, authority and jurisdiction given and granted under and by virtue of these presents;

And We do further by these presents for Us, Our Heirs and Successors, will and ordain, that henceforth from the date hereof, the Governor of Lower Canada, the Lieutenant-Governor of Lower Canada, the Lieutenant-Governor of Upper Canada, the Bishop of Quebec, the Chief Justice of Montreal, the Chief Justice of Upper Canada, and the Principal of the said College, shall not, nor shall any or either of them, as such Governor of Lower Canada, Lieutenant-Governor of Lower Canada, Lieutenant-Governor of Upper Canada, Bishop of Quebec, Chief Justice of Montreal, Chief Justice of Upper Canada, and Principal of the said College, be Governor of the said College, or use or exercise any power, authority or jurisdiction in or over the same in any manner or way whatsoever.

And We do further, by these presents, for Us, Our Heirs and Successors, will, ordain and grant, that the said College shall consist of one Principal, of such and so many Professors in the various Arts and Faculties as from time to time may be judged necessary and expedient by the said Governors, and of Fellows, Tutors and Scholars, in such numbers and at such Salaries, and subject to such provisions, rules and regulations as shall be appointed by the Statutes, Rules and Ordinances of the said College; that save and except for the purposes hereinafter specially mentioned and excepted, three of the said Governors shall be a sufficient number to be present at any meeting for the transaction of the ordinary business of the said College; that the determination of all questions, matters and things submitted to the said Governors at their meetings shall be made by the votes of the majority of those present, including the vote of the Governor presiding at such meeting, who shall have a double or casting vote in the case of an equality of votes thereat; that the President or Principal for the time being of the said Royal Institution, in all cases when present, shall preside at the said meetings, and in his absence the member of the said Royal Institution first or senior in order of appointment of those present at the meeting, shall preside thereat; that the Principal and all the Professors of the said College shall from time to time be elected by the said Governors or the major part of them present at a meeting specially convened and holden for the purpose of such election, and shall and may hold their respective offices subject to the right and power of a motion by the said Governors for the time being, at a meeting specially convened and holden for the said purpose; provided always that no less than five of the said Governors shall be present at every such special meeting for the purpose of election or amotion, and that special notice in writing of the time, place and object of every special meeting, by the Secretary of the said College, addressed to each of the said Governors, shall have been delivered by the said Secretary into the Post Office of the said City of Montreal at least fifteen days before the time appointed for such meeting; that within forty-eight hours after every such election or amotion, notice thereof in writing, sealed with the College Seal, signed by the Secretary of the said College or in his absence by the Governor who shall have presided at the meeting whereat such election or amotion shall have been voted, and addressed to Our Visitor of the said College hereinafter mentioned, for the time being, shall be delivered into the Post Office of the said City of Montreal; that every such election or amotion shall be subject to the review of Our said Visitor, whose determination thereon being signified in writing to the said Governors within sixty days after such delivery as aforesaid at the said Post Office of the City of Montreal, of the said notice of such election or amotion, shall be final and conclusive, unless the same by any order or orders to be by Us, Our Heirs or Successors made in Our or Their Privy Council shall be altered, revoked or disallowed as hereinafter is provided; that during the said last-mentioned period of sixty days the said election or amotion, as the case may be, shall have no force or effect; and that failing such signification within the said last-mentioned period, such election or amotion shall be and be held and taken to be by him approved and confirmed;

And We do further by these presents for Us, Our Heirs and Successors, will and ordain, that henceforth from the date hereof such election shall not be required to be notified to Us, Our Heirs and Successors, in the manner provided and required in and by the said Letters Patent, or in any other manner or way whatsoever;

And We do further by these presents, for Us, Our Heirs and Successors, will, ordain and grant, that the said Governors, Principal and Fellows, and their Successors forever, shall be one body politic and corporate, by the name of “The Governors, Principal and Fellows of McGill College,” and by the said name shall have perpetual succession, and a common seal, and shall by the same name sue and be sued, implead and be impleaded, and answer and be answered unto, in every Court of Us, Our Heirs and Successors, henceforth from the date hereof, and shall no longer be known by the name in the said Letters Patent mentioned, and shall retain all and every the property, franchises, rights and privileges granted under and by virtue of the said Letters Patent, and belonging to the said Corporation immediately before the date hereof, and shall be and remain liable to all claims and duties to which immediately before the date hereof they were subject, save only in so far as by these presents may be otherwise specially provided;

And We do further by these presents, for Us, Our Heirs and Successors, will, ordain and grant, to the said Governors, Principal and Fellows, and their Successors, by the name aforesaid, full authority and free license to have, take, purchase, and hold, to them and their Successors to and for the use of the said College, any goods, chattels or personal property whatsoever; and also that by the name aforesaid they shall be able and capable in law, notwithstanding any Statutes or Statute of mortmain, law, usage or custom whatsoever to the contrary, to have, take, purchase and hold to them and their Successors to and for the use of said College, any other Manors, Rectories, Advowsons, Messuages, Lands, tenements, rents and hereditaments of what kind, nature, or quality soever, over and above the manors, rectories, advowsons, messuages, lands, tenements, rents and hereditaments in the said Letter Patent mentioned of the yearly value of six thousand pounds above all charges as in the said Letters Patent is set forth, but not for the purpose or with the view of reselling the same; provided always, that the whole shall not exceed the yearly value of Twelve thousand pounds above all charges, such annual value to be calculated and ascertained at the period of taking, purchasing or acquiring the same;

And We do further by these presents, for Us, Our Heirs and Successors, appoint as our Visitor in and over for the said College, Our Governor General of Our said Province of Canada, for the time being, or in his absence the Administrator of the Government of the same for the time being; who shall exercise, use and enjoy all and every the powers and authority of a Visitor, for and in the name and behalf of Us, Our Heirs and Successors, of the said College in all matters and things connected with the said College, as to him shall seem meet, according to the tenor and effect of these presents, and of the laws in force in Our Realm of England in relation to such powers and authority;

And We do further by these presents for Us, Our Heirs and Successors, revoke and annul the power and authority in and by the said Letters Patent given and granted to the members for the time being of the Royal Institution for the Advancement of Learning, to be Visitors of the said College; and do will and ordain that henceforth from the date of these presents the power and authority so given and granted to the said members of the said Royal Institution to be such Visitors, shall absolutely cease and determine, and shall not be exercised or used by them or any of them;

And We do further by these presents, for Us, Our Heirs and Successors, will, ordain and declare that the Statutes, Rules and Ordinances from time to time framed and made by the said Governors of the said College, touching the matters and things in the said Letters Patent and in these presents enumerated, or any thereof, or for the revoking, augmenting or altering of any Statutes, Rules or Ordinances theretofore framed and made, so always as the same be not repugnant to the Laws of Our Realm or of Our said Province of Canada, or to the objects and provisions of this Our Charter, shall have full force and effect, without the Allowance and Confirmation of Us, Our Heirs and Successors, as ordained in and by the said Letters Patent; provided always, that a certified Copy of all such Statutes, Rules and Ordinances, sealed with the College Seal and addressed to Our said Visitor of the said College for the time being, shall have been delivered into the Post Office of the said City of Montreal, and that the same shall not have been disallowed by Our said Visitor, and such disallowance signified in writing to the said Governors, within sixty days after such delivery of such Copy into the said Post Office;

And We do by these presents, for Us, Our Heirs and Successors, expressly save and reserve to Us, Our Heirs and Successors, the power of receiving, and by any order or orders to be by Us, or Them made in Our or Their Privy Council revising, confirming, altering, revoking or disallowing, all or any of the decisions, sentences or orders so as aforesaid from time to time by the said Visitor to be made and rendered in reference to any such Statutes, Rules and Ordinances, or the disallowing thereof, or in reference to any matter or thing whatsoever, as to which any power or authority is by these presents given and granted to him;

And We do by these presents, for Us, Our Heirs and Successors, will, ordain and grant, that nothing herein contained shall be held, construed or considered to have in any manner or way whatsoever revoked, cancelled, abrogated or altered the provisions, powers, authorities and grants in and by the said Letters Patent ordained and granted, or any thereof, save and except in the particulars hereinbefore specially and expressly set forth; but that all and every the said provisions, powers, authorities and grants in and by the said Letters Patent ordained and granted, shall subsist and continue in full force and effect, save and except in the particulars aforesaid, in the same manner as if these Our Letters Patent had never been made, ordained or granted; And We do further by these presents for Us, Our Heirs and Successors, grant and declare that these Our Letters Patent, or the enrolment or exemplification thereof, shall be in all things valid 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 favorable and beneficial sense for the best advantage of the said College, and of the said Governors, Principal, Fellows and Scholars thereof, 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.

In witness whereof We have caused these Our Letters to be made Patent.

Witness Ourself at Our Palace at Westminster, this sixth day of July, in the sixteenth year of Our Reign. (1852.)

By Her Majesty's command,

Edmunds.