Description George The third

George the Third by the Grace of God of the United Kingdom of Great Brittain and Ireland, King Defender of the Faith and of the United Church of English and Ireland on Earth the Supreme Head-

To all to whom these present Letter shall come – Greetings

Whereas by an Act of our General Assembly of our Province of Nova Scotia made and passed in the Fifty- sixth Year of Our Reign entitled an Act founding, establishing and maintaining an Academy at Pictou in our said province it is recited and enacted in the words following “Whereas Edward Mortimer, Duncan Ross, Thomas McCulloch, John Patterson, Thomas Davison, George Smith, John McLean Junior, Alexander Grant, Robert Lowden and James McGreggor and other persons who have agreed to pay and contribute divers sums of money for the purpose aforesaid are Presbyterians, and a great majority of the Inhabitants of the District of Pictou are either emigrants from Scotland or are descendants of Emigrants from Scotland where the Presbyterian Religion prevails and the said Inhabitants of the District of Pictou or a great majority of them do now profess the Presbyterian Religion and are desirous of educating their children therein.

Be it therefore enacted by the Lieutenant Governor Council, and assembly; That it shall and may be lawful for the Governor, Lieutenant the great Seal of the province to incorporate Edward Mortimer, Duncan Ross, Thomas McCulloch, Thomas Davison, ___ Archibald ___,               George Smith, Robert Lowden William Patrick, and James McGreggor of Pictou aforesaid and also Archibald Gray and James Robson, minister of the Presbyterian congregation at Halifax and Samuel George William Archibald of Truro in the District of COLCHESTER AND James Foremen of Halifax in this province to be one Body politic, and corporate in deed and in name and have succession in manner as shall be herein after mentioned and provide for by the name other Trustees of the Pictou Academy and that by the same name they shall have perpetual succession and a common Seal to be appointed by themselves.    And also to sure and be sued implead and be impleaded in all Courts and places within the province of Nova Scotia; and that they or the major part of them, shall have power from time to time to choose from among themselves their President, Vice President, and other officers, as by said Letters Patent shall be divected; and to make bye Laws and ordinance for the regulations and general management of the said Academy; and to assemble together with in the said District of Pictou when and where and as often and upon such notice as to them shall seem meet for the Execution of their trust; and shall also have full power and capacity to purchase, receive, take, hold, and enjoy for the use and benefit of the said Academy as well Legacies, Goods and Chattels, as Lands, Tenements, Heriditaments notwithstanding and stature or statutes of Mortmain. Province always that the lands and tenements so to be purchased, received, taken, held, and enjoyed as afore said are situate within the said District of Pictou and do not exceed the Yearly value of Two Thousand pounds Sterling. 

And it be further enacted that the said Edward Mortimer, Duncan Ross, Thomas McCulloch, Thomas Davison, George Smith, Robert Lowden, William Patrick, James McGeggor, Archibald Gray, James Robson, Samuel George William Archibald, and James Foreman  shall present themselves at the supreme court which shall be held at Halifax or Colchester or before on of the Judges of the said Court after the said ___ patent shall have passed the great seal of the province, and each of them shall before the said court in any one of the Judges thereof, declare that he is a member of the Church of England as by Laws established or make and subscribe the following declaration:

I.A.B. appoint one of the Trustees of the Pictou Academy do declare that I profess the Presbyterian Religion as the same is declared in the “Westminster Confession of Faith”.

And it be further enacted that the said Edward Mortimer, Duncan Ross, Thomas McCulloch, Thomas Davison, George Smith, Robert Lowden, William Patrick, James McGreggor, Archibald Gray, James Robson, Samuel George William Archibald, and James Foreman, from and after the time of receiving the Letters atent and making the declaration aforesaid and not before shall be, and continue to be Trustees if the said Pictou Academy so long as they profess the Religion of the Church of England as Law established in the Presbyterian Religion and no longer; and that each and every of the said Trustees, shall repeat and subscribe the declaration herein before recited, in the supreme Court or before one fo the Judges of the said Court, once at least in every three years.        

And be it further enacted: In case any of the said Trustees shall die or shall fail to make the said declaration once in three years, that from and after the time of the death of any one of the said trustees, form and after the time when any of the said Trustees shall have neglected for three years to make the said Declaration, it shall and maybe lawful for any three or more of the said Trustees, then the said Trustees or the major part of them so assembled may proceed to elect such person or personas of the Religion of the Church of England, or the Presbyterian Religion as they may think fit and proper to be a Trustee or Trustees in the place of the person or persons who have died or have failed to make the said Declaration and the said Trustees shall forthwith transmit to the Governor or COMMANDER IN Chief, a certificate, signed by the major part of the Trustees present as the said meeting in the words following:

“We A.D. do certify that a meeting of the Trustees of the Pictou Academy was held at Pictou ___ of the ___ day of ___ and the following members were present at the said meeting __.A.B.C.D.E.F.

And we further certify: That at the said meeting ___ of was duly elected a Trustee of the Pictou Academy in the place of C.D. decreased or removed or of C.D. who has failed to make the Declaration. 

And we do further certify that the said A.B. profess the Religion of the Church of England, or the Presbyterian Religion and that he is a person of good moral conduct.   and is well affected towards his Majesty’s person and Governments; and if the Governor, Lieutenant Governor or Commander in Chief for the time being shall approve of the election of the person made in the said certificate he shall indorse his approbation thereon and return the same to the said Trustees; and the person or persons so elected shall on receiving the said certificate an on making the declaration prescribed and directed by this Act in the Supreme Court and not before, be qualified to act as a Trustee or Trustees of the Pictou Academy; by if the Governor or Commander in Chief shall not approve of the person so elected then the said Trustees shall proceed to elect such person or persons, as the Governor or Commander in Chief  may and shall approve of. 

                And be it further enacted, if it shall so happen in consequence of the death or absence of any of the said Trustees, that seven of the said Trustees cannot be assembled to make such election it shall and may be lawful for the Governor or Commander in Chief upon the application of the remaining Trustees to nominate and appoint such person or persons of the Religion of the Church of England or the Presbyterian Religion as he may think proper to be a Trustee or Trustees of the said Pictou Academy in the place of the person or persons who may have died or removed or neglected to make the said Declaration--
                And be it further enacted that all and every person or persons who shall be appointed as Master or Teacher or Masters or Teachers in the said Academy, or who shall hold any office under the said Trustees shall make and subscribe the Declaration in the Supreme Court herein before directed to be made and subscribed by the Trustees of the said Academy, and shall repeat the name of the Supreme Court as often as the Trustees are herein directed and to repeat the said Declaration PROVIDED ALWAYS that nothing herein contained shall be construed to extend to the Scholars or Pupils who may be placed at, or sent to, the said Academy, to be educated therein-

And be it further enacted that the Trustees of the said Academy shall transmit a copy of all Bye Laws, which shall or may be enacted by them or the major part of them, to Governor or Commander in Chief, within one month after making or enacting the same, and if the Governor or Commander in Chief shall express his dissent to the said bye-laws at any time within twelve months after the same shall have been transmitted to him, then the the said bye- laws shall be deemed and considered as totally abrogated and repealed.

                And be it further enacted that it shall not be lawful for the Trustees of the said Academy to purchase, receive, take, hold or enjoy any lands or tenements that do not lie within the said District of Pictou: and that it shall not be lawful for them to purchase, receive, take, hold or enjoy any lands or tenements within the said district beyond the Yearly Value of Two Thousand Pounds, Sterling.

                And be it further enacted that nothing herein contained shall be of any force or effect until His Majesty’s pleasure known herein; nor unless the said Academy shall be opened and established for the Education of Youth, within ten Years after His Majesty shall have approved thereof.”

                And having duly considered the said act so passed by Our said General Assembly WE have thereto given Our Royal assent and approbation in due form of Law. And Our said General Assembly having afterwards deemed it expedient to repeal and alter part of the said herein before recited Act, did in a Session of general Assembly held at Halifax in our said province in the Fifty-ninth year of our Reign, make and pass another Act or statute entitled an Act to repeal and alter part of an Act passed in the Fifty-sixth Year of Our Reign entitled an Act for founding, establishing and maintaining an Academy at Pictou in this Province whereby it is recited and enacted that each of the Trustees of the said Academy shall appear before one of the judges of the Supreme Court and declare that he is a Member of the Church of England as by Law established or make and subscribe the following Declaration: I.A.B. appointed on of the Trustees of Pictou Academy do declare in the Westminster Confession of Faith.-And whereas it is expedient that the said restrictions be removed; be it therefore enacted by the Lieutenant Governor Council and Assembly that the second section of the said Act and every other part and clasue thereof by which the Trustees are required to make the foregoing declaration and subscription be and the same are hereby repealed. And be it also enacted that it shall and may be lawful for any person or persons to be appointed or elected, and to act as Trustees of the said Academy who shall take or subscribe either of the following declarations VIZ—
I.A.B. appointed on of the Trustees of the Pictou Academy do declare that I do profess the Christian Religion according to the principles and forms of the Church of England or I.A.B. appointed one of the Trustees of the Pictou Academy do declare that I do profess the Christian Religion according to the Presbyterian principles and forms of the Church of Scotland. As in and by the said herein before recited Statutes reference being thereto had will more fully appear. And We having also after due consideration of the said last mentioned Act given thereto “Our Royal assent and approbation in due form: And the persons named in the said first recited Act having signified to our Trusty and well beloved Right Honourable George Earl of Dalhousie, Baron Dalhousie of Dalhousie Castle Knight Grand Cross of our Most Honourable Order of the Bath Lieut. General in our Army, and our Captain General and Governor in Chief in our Province of Nova Scotia and all other Our Provinces and Colonies in North America. That it was their wish and desire to be incorporated and created a body politic and corporate for the several ends and purposes in and by the said first before recited Act declared and expressed. And they having by their humble petition prayed and beseeched us to cause Our Letters patent under the Great Seal of Our Province of Nova Scotia to issue accordingly: and We being willing and desiring to encourage Our loving and faithful subjects in that part of our said province provide for the instruction and education of their children in Religion and Learning according to the most improved methods and Rules, pursued and followed in the Academies and Schools, established in that part of Our United Kingdom called Scotland.

Now know ye that we of Our Special Grace, certain knowledge and mere motion and by virtue of the powers and authorities in the said Acts provided and declared have willed, ordained and constituted give, granted and confirmed and by these presents for us our heirs and successors do will, ordain, constitute, give, grant, and confirm the above named Edward Mortimer, Duncan Ross, Thomas McCulloch, Thomas Davison, George Smith, Robert Lowden, William Patrick, and James McGreggor, of Pictou aforesaid. Archibald Gray and James Robson ministers of the Presbyterian congregation at Halifax, And Samuel George William Archibald of Truro in the district of Colchester and James Forman of Halifax in our said province ot be one Body politic and corporate in deed and in name and to have succession forever in manner as in and by the said Acts are provide as a Body politic and corporate by the name and style of the Trustees of the Pictou Academy. And the said several persons above named and all and every other person and persons to be hereafter duly elected, approved and chosen as Trustees pussuant to the direction of the paid Acts, and their successors are by these presents created forever hereafter on Body politic and corporate in deed and in name, and by that name shall have succession forever as is provided in and by the said Acts, and by that name shall be in Law to sue and be sued, implead and be impleaded answer and be answered unto, defend and be defended, in all Courts and places before US, Our Heirs and successors and elsewhere in all and all manner of action and actions, suits, complaints, Plead causes, Matters and Demands, whatever, and of what kind and nature so ever in as full and ample manner and form as any of our liege Subjects being persons able and capable in Laws can or may sue and be sued, implead or be impleaded answer and be answered unto defend and be defended by any lawful ways or means whatever in a in Courts of Law or Equity; and also with power in their said corporate capacity to have, and use a common Seal, for sealing all and singular Deeds conveyances, Bonds, Contracts, agreements, covenants, powers releases and assignments; and all and singular other their affairs, touching and concerning the said corporation and the same to change and alter when and so often as we do also by these presents for us and our successors give, grant, and confirm unto the said persons hereby incorporated as Trustees aforesaid and to all others who may according to the provisions of the said Act or Statutes here after become members of the said corporation full power and lawful authority to meet and assemble themselves together at such places within the District of Pictou and upon such notice and at such times as they shall deem expedient. And as such several days and times and meeting shall have, enjoy and possess full power, authority and license to frame, make, constitute and establish (according to the provisions for these purposes, in the said Acts mentioned and declared) Such ByeLaws, rules and ordinances as to them or the majority of them shall seem to be good, usual or necessary for the wile, Education and instruction of Youth in Religion and Learning and for the regulation and general management of the said Academy and the Business thereof and also for the appointment, regulation, and management of Masters and Teachers, and all and singular the officers, and persons needful and necessary for the said Establishment and for the regulation and management of the Estates, Real and personal belonging or hereafter to belong to the said corporation and generally to do and transact all other matters, touching and concerning the said corporation. And the said Bye Laws, rules and ordinances in like manner at any of the said meetings. And to carry such Bye Laws, Rules and ordinances into Effect when the same shall have received the assent and approbation of Our Governor, Lieutenant Governor or Commander in Chief for the time being in our said Province and afterwards to annul, revokes, repeal, or amend the same in such manner as to the members or the greater part of them, with the consent of the Governor, Lieutenant Governor or Commander in Chief seems right or expedient. And we do hereby for US, our heirs, and successors will and ordain that all and singular the ByeLaws, Rules and ordinances so as aforesaid made; and which from time to time shall be in force, shall be binding and obligatory upon the said corporation and all the members thereof and upon all others serving under the authority and appointment of such corporatior.  Provided such Bye Laws, Rules and Ordinance are not contrary to the Common Law of Our Kingdom of English or the Statute Law of this our Province of Nova Scotia.  And we do give moreover for Us, our heirs and successors will ordain, give and grant to the several personas who form time to time shall be members of the said corporate Body at any of their meetings, and from time to time as they shall deem it expedient to elect and chose pursuant to the ByeLaws so made as aforesaid.  One President, one Vice President and such other officers, as they or the majority of them to re-elect when, and as often as occasion as require.  And also from time to time to elect such trustee and trustees as say be deemed necessary in manner and pursuant to the directions the said recited Act. 

We do hereby will and ordain that the President, Vice President and other officers so elect as aforesaid shall from time to time and at all-time exercise, possess and enjoy the rights, powers, and authorities by virtue of the Bye Laws aforesaid pertaining to the said officers respectively.  And we do further will and ordain that the said corporation shall have full power and capacity to purchase, receive, take, hold, and enjoy for the use and benefit of the said Academy as well as legacies, Goods, and chattels as lands, tenements, and hereditaments notwithstanding any statutes of Mortimer , and to dispose of and sell such goods and chattels; with power from time to time to receive the rent, and profits of all such lands and tenements, but no to sell, lease alien ore convey the same for any longer spare, term or time than twenty years pursuant to the Bye- Laws aforesaid.  Provided Always that the lands and tenements to be so purchased received, taken held and enjoyed as aforesaid and situated within the said district of Pictou and do not exceed the yearly value of Two Thousand pounds Sterling. And provides also, and We do hereby for us our heirs and successors will declare that these our presents Letters, and the powers privileges, and immunities here in and hereby granted and conveyed, are upon, under and subject to the same conditions, provisions and limitation as in and by the before recited acts are made, provided and declared, and that for want of compliance or performance of the said conditions, provisions and limitation by the said corporations these presents shall be and become wholly voice and determine to all intents and purpose whatsoever.  And we do will and by these presents grant and declare that these letters when made patent or the enrollment or exemplification thereof shall and may be good.