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IV.

Acts.

ACT OF INCORPORATION.

ACT NO. XXII. OF 1857.

PASSED BY THe Legislative COUNCIL OF INDIA.

(Received the Assent of the Governour General on the 18th July 1857.)

AN ACT to establish and incorporate a University
at Bombay.

WHEREAS, for the better encouragement of Her Majesty's subjects of all classes and Preamble. denominations within the Presidency of Bombay and other parts of India in the pursuit of a regular and liberal course of education, it has been determined to establish a University at Bombay for the purpose of ascertaining, by means of examination, the persons who have acquired proficiency in different branches of Literature, Science, and Art, and of rewarding them by Academical Degrees as evidence of their respective attainments, and marks of honour proportioned thereunto; and whereas, for effectuating the purposes aforesaid, it is

expedient that such University should be incorporated: It is enacted as follows: (that is to say)

I. The following persons, namely, The Right Honourable JOHN, LORD ELPHINSTONE, Governour of Bombay,

Incorporation.

The Honourable Sir WILLIAM YARDLEY, Knight, Chief Justice of the Supreme Court of Judicature at Bombay, The Right Reverend JOHN HARDING, Doctor of Divinity, Bishop of Bombay, Ex officio,

The Honourable Sir HENRY SOMERSET, LieutenantGeneral, Knight Companion of the Most Honourable Order of the Bath, Commander-in-Chief of the Forces in Bombay, Ex officio.

The Honourable JAMES GRANT LUMSDEN, Member of the Council of Bombay, Ex officio,

The Honourable ARTHUR MALET, Member of the Council of Bombay, Ex officio,

EDWARD IRVINE HOWARD, Esquire, Director of Public Instruction, Ex officio,

ROBERT HAINES, Esquire, M.B., Acting Educational Inspector, Presidency Division, Ex officio,

C. MOREHEAD, Esquire, M.D., Principal of the Grant Medical College, Er officio,

JOHN HARKNESS, Esquire, LL.D., Principal of the Elphinstone College, Ex officio,

The Reverend JAMES MCDOUGALL, Acting Principal of the Poona College, Ex officio,

PHILIP WILLIAM LEGEYT, Esquire, Member of the Legislative Council of India,

The Honourable Sir MATTHEW RICHARD SAUSSE, Knight, Puisne Judge of the Supreme Court of Judicature at Bombay,

Sir JAMSETJEE JEJEEBHOY, Knight,

METCALF LARKEN, Esquire, Judge of the Sudder Court in

Bombay, and President of the late Board of Education,

JUGONNATH SUNKERSETT, Esquire, Member of the late Board of Education,

BOMANJEE HORMUSJEE, Esquire, Member of the late Board of Education,

BHAO DAJEE, Esquire, Graduate of the Grant Medical College, Member of the late Board of Education,

MATTHEW STOVELL, Esquire, Surgeon in the Bombay Army, Secretary to the late Board of Education,

CLAUDIUS JAMES ERSKINE, Esquire, Civil Service, late Director of Public Instruction,

WILLIAM EDWARD FRERE, Esquire, Member of the Royal Asiatic Society, and President of the Bombay Branch of the Royal Asiatic Society, Judge of the Sudder Court in Bombay,

Major-General CHARLES WADDINGTON, Companion of the Most Honourable Order of the Bath, Chief Engineer of Public Works,

The Reverend JOHN WILSON, Doctor of Divinity, Fellow of the Royal Society, Honorary President of the Bombay Branch of the Royal Asiatic Society,

The Reverend PHILIP ANDERSON, Master of Arts, Chaplain on the Bombay Establishment,

HENRY BARTLE Edward FrereE, Esquire, Commissioner in Sind,

Lieutenant EDWARD FREDERICK TIERNEY FERGUSSON,
Indian Navy,

MAHOMED YUSOOF MOORGAY, Cazee of Bombay,
JAMES JOHN BERKLEY, Esquire, Fellow of the Geogra-
phical Society, M.I.C.E., President of the Bombay
Mechanics' Institute, and Chief Resident Engineer of the
Great Indian Peninsula Railway Company,

HENRY LACON ANDERSON, Esquire, Secretary to Government,

Being the first Chancellor, Vice-Chancellor, and Fellows of the said University, and all the persons who may hereafter

become or be appointed to be Chancellor, Vice-Chancellor, or Fellows as hereinafter mentioned, so long as they shall continue to be such Chancellor, Vice-Chancellor, or Fellows, are hereby constituted and declared to be one Body Politic and Corporate by the name of the University of Bombay; and such Body Politic shall, by such name, have perpetual succession, and shall have a common Seal, and by such name shall sue and be sued, implead and be impleaded, and answer and be answered unto, in every Court of Justice within the territories in the possession and under the Government of the East India Company.

Power to hold and dispose of property.

II. The said Body Corporate shall be able and capable in law to take, purchase, and hold any property, moveable or immoveable, which may become vested in it for the purposes of the said University, by virtue of any purchase, grant, testamentary disposition, or otherwise; and shall be able and capable in law to grant, demise, alien, or otherwise dispose of all or any of the property, moveable or immoveable, belonging to the said University; and also to do all other matters incidental or appertaining to a Body Corporate.

Constitution of

III. The said Body Corporate shall consist of one Chancellor, one Vice-Chancellor, and Body Corporate. such number of ex-officio and other Fellows as the Governor of Bombay in Council hath already appointed, or shall from time to time, by any order published in the Bombay Gazette, hereafter appoint; and the Chancellor, Vice-Chancellor, and Fellows for the time being shall constitute the Senate of the said University. Provided, that if any person being Chancellor, Vice-Chancellor, or Fellow of the said University, shall leave India without the intention of returning thereto, his office shall thereupon become vacant.

Senate.

Office vacated by

leaving India.

Chancellor.

IV. The Governour of Bombay for the time being shall be the Chancellor of the said University, and the first Chancellor shall be the Right Honourable JOHN, LORD ELPHINSTONE. V. The first Vice-Chancellor of the said University shall be Sir WILIAM YARDLEY, Vice-Chancellor. Knight. The office of Vice-Chancellor shall be held for two years only; and the ViceChancellor hereinbefore nominated shall go out of office on the 1st day of January 1859. Whenever a vacancy shall occur in the office of Vice-Chancellor of the said University by death, resignation, departure from India, effluxion of time, or otherwise, the Governour of Bombay in Council shall, by notification in the Bombay Gazette, nominate a fit and proper person, being one of the Fellows of the said University, to be Vice-Chancellor in the room of the person occasioning such vacancy. Provided that, on any vacancy in the said office which shall occur by effluxion of time, the Governour of Bombay in Council shall have power to re-appoint the Vice-Chancellor hereinbefore nominated, or any future Vice-Chancellor, to such office.

Fellows.

VI. The Chief Justice of Her Majesty's Supreme Court of Judicature, the Bishop of Bombay, the Members of the Council of Bombay, the Director or Acting Director of Public Instruction, the Educational Inspector or Acting Educational Inspector of the Presidency Division, the Principals and Acting Principals of Government Colleges, all for the time being, shall, while filling such Offices, be ex-officio Fellows of the said University. The whole number of the Fellows of the said University, exclusive of the Chancellor and Vice-Chancellor for the time being, shall never be less than twenty-six; and whenever the number of the said Fellows, exclusive as aforesaid, shall, by death, resignation, departure from India, or otherwise, be reduced below twenty-six, the Governour of Bombay in Council

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