maintaining the said Academy, and for carrying on, conducting, and managing the same.

2. The first meeting of the said Corporation shall be held at Sackville, after fifteen days notice thereof published in the Royal Gazette; which notice shall be given by the Reverend Richard Knight, or in case of his death, neglect, or refusal to give such notice, then by any other person incorporated by this Act; and such meeting so holden, shall be adjourned from day to day till the business required to be done thereat is completed.

3. After the first meeting of the said Corporation, the said Corporation shall consist of the Chairman of the New Brunswick District of Wesleyan Ministers for the time being-the Secretary of the said District for the time being-the Chairman of the Nova Scotia District of Wesleyan Ministers for the time being the Secretary of the said last mentioned District for the time being-the Chairman and Secretary of each and every District of Wesleyan Ministers for the time being, into which the Provinces of New Brunswick, Nova Scotia, and the Island of Prince Edward may be divided by and under the authority of the British Conference of Wesleyan Methodist Ministers, originally established by the Reverend John Wesley, A. M.the Principal of the said Academy for the time being-and two laymen to be selected annually by each of the Districts of Wesleyan Ministers into which the Provinces of New Brunswick, Nova Scotia, and the Island of Prince Edward are now or may at any time hereafter be divided, by the authority of the aforementioned Conference, the appointment of which laymen shall be duly certified by the Chairman of the District for which they may be respectively appointed, and such Certificate shall be countersigned by the Secretary of the said District; and the said members of the said Corporation shall be the Trustees of the said Academy, and as such Trustees the Governors thereof; provided always, that in case the election of the said lay members of the said Corporation, or either of them, be omitted by the said District meetings, or either of them, it shall and may be lawful for the lay members of the previous year to remain and continue in office during the following year, and until their successors shall be duly elected by the said District meetings as aforesaid.

4. A meeting of the said Corporation shall be annually holden

on the third Saturday in June in each and every year, in or near the said Academy in Sackville.

5. Any two of the members of the said Corporation shall have power, at any time after fifteen days notice, to call extraordinary meetings of the said Corporation, specifying in such notice the time and object of such meeting, which meeting shall be holden in or near the said Academy at Sackville, and no business shall be done thereat other than what is specified in such notice.

6. Six members of the said Corporation shall form a quorum for the transaction of business, but any less number may adjourn from time to time till a full attendance can be obtained, and in no case shall any corporate act or vote be binding unless it is assented to by at least four members of the said Corporation.

7. In the event of the death, resignation, or removal from office of the Principal of the said Academy, the surviving members of the said Corporation shall have power to appoint a Principal, and whenever they may consider the interest of the said Academy requires it, may remove the Principal from office; provided that in all such cases a majority of the members of the Corporation for the time being shall agree to such appointment or removal.

8. At all meetings of the said Corporation the members present shall be deemed to constitute a Board, and the Chairman of the New Brunswick District of Wesleyan Missionaries shall preside thereat; and in case of his sickness, or other necessary absence, the members present shall elect a Chairman.

9. The said Corporation shall have power to appoint a Treasurer, Secretary, and such other officers and servants as they may from time to time deem necessary for carrying on the financial, educational, and other departments of the said Academy, and allow them such compensation for their respective services as they may deem advisable.

10. On the organization of the said Corporation at the first meeting thereof to be holden in the manner provided by the second Section of this Act, the said Corporation shall be deemed to be fully vested with the title and possession, and fully and legally seized of the said piece or parcel of land conveyed in the said indenture bearing date the twenty sixth day of May in the year of our Lord one thousand eight hundred and forty,

without any formal transfer or conveyance thereof from the Trustees mentioned in the said indenture, as fully and effectually to all intents and purposes as if it had been conveyed to the said Corporation by the said Trustees according to the terms and provisions in the said indenture mentioned.

11. No person shall teach, maintain, promulgate, or enforce any religious doctrine or practice in the said Academy or any department thereof, or in any religious services held upon the said premises, contrary to what is contained in certain Notes on the New Testament, commonly reported to be the Notes of the said Reverend John Wesley, A. M., and in the first four Volumes of Sermons commonly reputed to have been written and published by him.

12. The annual value of the lands, tenements, and hereditaments which the said Corporation may at any time hold shall not exceed the sum of one thousand pounds.

13th VICTORIA-CHAPTER 2.

An Act to settle certain doubts raised under the last Will and Testament of Mark Varley, late of the City of Saint John, Brickmaker, but now deceased.

Section.

1. Property devised, in whom vested.

Section.

2. Trustees to hold same.

Passed 26th April 1850.

WHEREAS Mark Varley, late of the City of Saint John, in the City and County of Saint John, Brickmaker, did on the fourth day of October one thousand eight hundred and forty nine, make and publish his last Will and Testament, whereby, inter alia, he did devise and bequeath in the words or to the effect following, that is to say:

"I give, devise, and bequeath all my share and interest in the vessel called the "El-Dorado," owned by Michael Thompson and myself, to the Trustees of the Wesleyan Methodist Church in the City of Saint John, for the establishment and maintenance of a Day School: a School House to be built out of the moneys arising from my share, but not to exceed in the cost of the erection thereof the sum of two thousand pounds currency, unless such additional cost be raised by contributions from other parties, or by other means: the said School House

to be built of brick or stone: the remainder of the moneys arising from my said share in the said vessel to go to the support of the School establishment, and the payment of the Teachers: the said establishment and School House to be built and maintained in the City of Saint John. It is my wish, however, that the said vessel should be run until it suits the said Michael Thompson's convenience that she be sold: he accounting and paying over to the Trustees of the said School establishment hereby created, and their successors, the proceeds of my share of the said vessel, as earned, to be by them invested in undoubted security on lands, or Government Stocks bearing six per cent. interest, and added to the funds arising from the sale of my said share, when sold. It is my wish, however, that the erection of the School House, and the establishment of the School, should be commenced as soon as sufficient funds are in hand; but until sufficient are in hand, to be invested as aforesaid. And it is also my wish that similar investment should be adopted for all moneys hereby bequeathed by me for the purpose aforesaid, after paying for the erection of the said School House and the necessary expenses attendant upon carrying out the objects of this bequest.

My lot of land and premises in Dock Street, in the City of Saint John, I hereby devise and bequeath to the said Trustees of the Wesleyan Methodist Church, and their successors, to and for the School establishment above created, subject nevertheless to the payment of the rents arising therefrom to my Brother, John Varley, residing in Hull, Yorkshire, England, during his natural life. It is my Will and Testament, that in case there should be any incompetency in the parties hereinbefore named as Trustees, to accept and carry out the trust for the said School hereby created, then I devise and bequeath the several properties and estates, both real and personal, hereinbefore devised and bequeathed for the purpose aforesaid, to such body or bodies belonging to the Wesleyan Methodist Church in the City of Saint John, and their successors, heirs, or assigns, as will be competent to accept and carry out such trust; and that in case any question thereabout should arise, then and until the same should be determined, it is my wish that my executors hereinafter named should receive, collect, and invest the funds herein for that purpose devised, in the

manner before provided, and pay over the same, with all accumulation thereof, to the party or parties entitled to receive the same, and for the purpose aforesaid. I do give, devise, and bequeath my lot of land and freehold property in Lower Cove, in the City of Saint John, together with the buildings and improvements thereon, to the Trustees of the School Fund hereinbefore created, to and for the purposes of the said School, and subject to the trusts for the same created:"

And did nominate and appoint Thomas Parks, of the City of Saint John, Merchant, and William F. Smith, of the same place, Mason, executors of his said Will: And whereas the said Mark Varley has departed this life: And whereas the said Will was duly executed according to the Laws of this Province for passing real and personal estate, and the same has been duly proved, and is now on file in the Office of the Registrar of Probates for the City and County of Saint John: And whereas the executors of the said estate are anxious to carry out the provisions of the said Will, but doubts have been raised as to the identity of the Trustees named in the Will, and those actually in existence in the City of Saint John, and of the ability of such Trustees and their successors to take said property, without the intervention and aid of the Court of Chaucery or the Legislature: And whereas it is expedient that such doubts should be disposed of, and the said trust estate saved from the expenses of a suit in equity, and the charitable intentions of the testator carried into effect with as little delay as possible: And whereas Gilbert T. Ray, George A. Lockhart, George Whittaker, John B. Gaynor, Edward E. Lockhart, David Collins, Richard Whiteside, Senior, Henry Whiteside, Edward T. Knowles, James Smith, Richard W. Thorne, Edward Lloyd, Daniel J. M'Laughlin, William Till, Aaron Eaton, George P. Sancton, William A. Robertson, John Gardner, Michael Thompson, Colin E. Cross, Robert Salter, Isaac Olive, James Olive, William Beattie, G. B. Vaughan, J. J. Clarke, Zachariah Adams, Benjamin Tibbits, William O. Theal, Thomas Thompson, and John Jordan, now are the Trustees of the Wesleyan Methodist Church in the City of Saint John, in connexion with the British Conference, and the Trustees contemplated and intended by the said testator, Mark Varley, in his said last Will and Testament, and they have