General Act for the Incorporation of Colleges and Academies. Although the Legislature has from an early period, but more especially since the adoption of the Constitution of 1821, exercised the power of granting special charters, the Regents were left at liberty to exercise this privilege at their discretion, and in a large majority of cases, the corporate powers of Colleges and Academies were derived from them without instructions from the Legislature, until 1853. On the 12th of April of that year, an act was passed, entitled "An act relative to the incorporation of Colleges and Academies."1 It required the Regents to establish general rules and regulations, prescribing the requisites and conditions for the incorporation of any College, University, Academy or other institution of learning, pursuant to the power vested in them by the "act relative to the University," passed April 5, 1813, and by the Revised Statutes. These charters were to be recorded in the office of the Secretary of State, and the corporations thus created were to possess the general powers of a corporation under the Revised Statutes. 2 The Regents might for cause shown, and by an instrument under their seal, recorded as above, annul, alter or amend any charter thereafter granted by them, and upon petition might modify charters already granted, at their discretion. The capital stock of an Academy was not to excced $50,000. Incorporation of Medical Colleges. In the incorporation of two "Colleges of Physicians and Surgeons" (in New York city and for the Western District at Fair. field), the Regents not deeming their powers sufficient, or regarding them at least as uncertain, asked for and obtained special acts for this purpose, each act being limited to the particular occasion. “Any In 1853' their powers were precisely defined as follows: citizens not less than ten in number, might apply in a duly certified writing, stating the name proposed for the institution, names of first trustees and their number, the plan, funds and place, one copy to be filed in the office of the Secretary of State, and a duplicate to be delivered to the presiding officer of the Regents. "If it should appear that the sum of $50,000 had been subscribed 1 Chap. 184, p. 354, Laws of 1853. "Changed to Secretary of the Board of Regents," by § 11, chap. 471, Laws of in good faith, for endowment, and at least two-thirds paid in or secured, to be invested in buildings, site, museum, library and apparatus, and other appurtenances, or invested in bonds and mortgages, or stocks of the United States or of this State, the Regents might grant a charter conditioned to the payment and application or investment of the whole of said $50,000 within five years." Upon presenting evidence of the fulfilment of these conditions the charter was then to be made perpetual. Such College might hold real and personal property to the value of $200,000, but for no other purpose than the legitimate business of the institution, and for the promotion of medical and surgical science, and instruction in all departments of learning connected therewith, and subject to the general provisions of the Revised Statutes, relating to the practice of physic and surgery, within this State. It was to be subject to the visitation of the Regents, and to make an annual report, on oath, of its condition, and the varions matters required by law to be reported by other Colleges and Academies; and of the investment of its funds. If at any time it should appear that the sum required had not been invested as required, the Regents might vacate and annul the charter. Such Colleges were to be subject in all respects to the general provisions of the Revised Statutes in force at the time of proceeding. The Board of Trustees was to consist of not less than ten, nor more than twenty-four persons, and they might make all needful by-laws and rules for the government and regulation of the college, the appointment of Professors, instructors and other officers; the election of Trustees, etc., not inconsistent with the laws of this State, and might alter them upon notice of a previous meeting. They were to have power to confer the degree of Doctor of Medicine, upon the recommendation of the faculty, and of at least three Curators appointed by the Trustees and of the medical profession. But no such degree should be conferred, excepting upon persons of good moral character, of the age of twenty-one years, who had received a good English education, and who had pursued the study of medicine and the sciences connected therewith, for at least three years after the and had received instruction from some of sixteen years, age physician and surgeon fully qualified to practice his profession, until prepared to enter a medical college. The trustees of Colleges formed under this act, were required, upon payment of matriculation and demonstration fees (which were not to exceed five dollars each), to admit, without further charge, any num ber of young persons of the State of New York (not exceeding ten at one time), of good scholarship and moral character, who are in indigent circumstances, the evidence of qualification being certified by the Judge of the county in which the applicant resides. Notwithstanding this general act, the Legislature has granted charters to medical colleges by special acts, down to the present time. In two or three instances, medical colleges have assumed corporate powers under the general act for the formation of Benevolent, Charitable, Scientific and Missionary Societies; but the highest judicial authorities of the State have recently declared that medical colleges do not come within the provisions of that act. The Revised Statutes provide that the degree of Doctor of Medicine conferred by a College,' shall not be a license to practice physic or surgery, and that no College shall have, or institute, a medical faculty to teach the science of medicine, in any other place than where the charter locates the college.' 'Presumed to mean Colleges other than those expressly devoted to medical instruction. 2 Revised Statutes, 1st ed. ii, p. 455, § 21. CHAPTER VI. GENERAL STATISTICS OF COLLEGES. In early years, the condition of colleges received a very considerable share of attention from the Regents, and throughout the whole century, their returns have formed a very large part of the annual reports. It is, however, found impossible to present a continuous series of facts statistically arranged, as well on account of the diversity of manner in which the returns have been arranged in each year, as from the changes that have been made from time to time in the institutions, rendering comparison between different periods. quite beyond the reach of any form of tabulation. It is our purpose to give a concise account of each of these institutions separately, but before doing this we will present a statement of the conditions as they were reported at ten decennial intervals, mentioning the Colleges that reported in these years, and, so far as may be, a comparison and summary of the facts returned with reference to them. 1793. Columbia. In a flourishing condition, and number of students very respectable. * * * * 1803. Columbia.-Efforts being made to complete a building begun some years ago. Aid recommended. Medical school on a respectable footing. Some aid should be granted. Union. Promises fair. Its funds increasing, but not enough to pay expenses. 1813. Columbia, Union, Hamilton. Reports show an increasing degree of prosperity in each, and great benefits conferred. They are recommended to the unremitted support of the government. Hamilton is yet in its infancy, but the Regents expect that it will grow with a rapidity equal to that of the district for whose accommodation it has been principally erected. College of Physicians and Surgeons of the Western District.(Fairfield.) New, and Regents not sufficiently informed of its progress. College of Physicians and Surgeons in the city of New York. -The Medical School in Columbia College had been recently united with it, and the talents of the two faculties were united in giving instruction. 1823. Columbia. Students, 130; graduates, 29. College of Physicians and Surgeons in the city of New York.Students, 201; graduates, 45. College of Physicians and Surgeons of Western District.Students, 96; graduates, 8. |