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might confer degrees upon terms similar to those in other Medical Colleges, were subject to visitation by the Regents, and were required to report to them annually.
But two reports were made from this institution ; one for the year ending in April, 1874, showing an attendance of 47, of whom 14 graduated, and the year following, when 67 attended and 9 graduated.
NEW YORK COLLEGE OF VETERINARY SURGEONS. This institution was incorporated by act of April 6, 1557,' with power to hold property worth $100,000, to establish a course of instruction, and to grant the degree of Doctor of Veterinary Surgery.
In 1881, this College reported five graduates. It was located at 205 Lexington avenue..
NEW YORK PREPARATORY SCHOOL OF MEDICINE. An institution under this name was incorporated by special act, April 13, 1859, with power to confer the degree of Bachelor of Medicine, not entitling the holder to any right or privilege belonging to the degree of Doctor of Medicine. No person was to receive this degree unless of good moral character, with a good English education, and not without attending two full courses of medical instruction, the last of which had been in this school. He must have passed a public and satisfactory examination, and be at least nineteen years of age. The corporation was to be subject to the visitation of the Regents, and was required to report to them annually. No reports were made to the Regents, nor do their records show that the school was organized.
TROY AND ALBANY MEDICAL Scuools. Applications were made early in 1824 for the establishment of Medical Schools in Troy and Albany, but a resolution was passed on the 16th of February of that year, declaring that it was inexpedient to increase the number of these schools in the State.
Chap. 269, Laws of 1857. The act was amended April 19, 1862 (chap. 346).
* The corporators and first Trustees named in the act were John Anthon, Thos. Gallaudet, John 0. Bronson, Charles A. Budd, Godfrey Aigner, Bern L. Budd, Charles K. Briddon, George Thurbee, John H. Anthon and George A. Quimby. (Chap. 270, Laws of 1859.)
UNITED STATES MEDICAL COLLEGE. Organized May 28, 1878, purşuant to the provisions of chapter 319, Laws of 1848, for the incorporation of Benevolent, Charitable, Scientific and Missionary Societies, and received under the visitation of the Regents, January 10, 1879,
The corporation Jeased rooms at Nos. 114-116 East Thirteenth street, formerly occupied by the “ New York Medical College," at an annual rent of $2,000, and the first course of lectures began October 3, 1878.
After five courses of lectures had been delivered, the Trustees purchased the building, No. 9 East Twelfth street, for College purposes, and were about to erect a suitable building, when a snit was instituted at the instance of the New York County Medical Society, involving the franchises of the corporation.
In the meantime an act was passed, June 29, 1892, confirming the charters of such Literary or Scientific Societies as had been formed under the act of 1848. In the legal proceedings had, the courts decided adversely to this College, and on an appeal carried to the Court of Appeals, this decision was in June, 1884, confirmed.
During a stay of proceedings procured, while this matter was pending, a sixth course of lectures was delivered, at which about twenty students attended.
Before the charter was declared void by the courts five reports were made to the Regents, as follows:
Of the classes reported in 1882-83, 65 were males and 18 females.
People v. Gunn, 96 N. Y. Rep. 317. Decided June 17, 1884. “Neither the original act, providing for the incorporation of benevolent, charitable, scientific and missionery societies ' (Chap. 319, Laws of 1848), nor the various acts amendatory thereof (Chap. 51, Laws of 1870; Chap. 619, Laws of 1872), authorize the incorporation of a medical college.”
RULES ADOPTED BY THE REGENTS FOR THE INCORPORATION OF
ACADEMIES. It was resolved March 23, 1801, “ that in future no Academy ought to be incorporated unless it appeared, to the satisfaction of the Regents, that a proper building for the purpose had been erected, finished and paid for, and that funds had been obtained and well secured, producing an annual net income of at least $100; and further, that a condition should be inserted in the charter that the principal or estate producing said income should never be diminished, and that said income should be applied only to the support of the teachers of the Academy."
On the 20th of March, 1815, the sum required for investment so as to yield $100 was increased to one yielding $250 per annum.
Printed blanks have been used for obtaining statistics of Academies from nearly the beginning. The earliest that has come to notice was printed in 1794, and addressed to members of the committee designated for visiting certain Academies, and after stating their appointinent; contained the following resolution of instructions:
“At a meeting of the Regents of the University of the State of New York, at the Senate Chamber, in the city of Albany, on the 28th day of January, 1794,
Resolved, That it be strictly enjoined on each of the visiting committees to deliver, or cause to be delivered, a report of their respective visitations of the Board at their annual meeting, prescribed by the Legislature.
Resolved, That these reports contain the number of students in each Seminary, the branches of education which are taught, the established rates of tuition, the changes which take place from time to time in their systems of education and government, the number and employment of the teachers, the salaries which they respectively receive, and a state of the annual revenues from the funds or estates of each institution.
Resolved, That the sums of money appropriated by the Regents to each Seminary be applied to them by the respective visiting committees, who shall with their annual reports render a particular account of the application to the Board.
Resolved, That the committees be directed to confine their application of the money to the purchase of such books and philosophical apparatus as are necessary to conduct a course of academical education, and for defraying the expense of the tuition of such youth of genius whose parents are too indigent to defray the same.
Resolved, That the several committees take receipts from the Trustees of the respective Academies, for the books and apparatus which shall be delivered to them, for which they are to consider themselves as accountable to the Regents of the University.
Resolved, That each visiting committee transmit an account of the books and apparatus, which it is their intention to appropriate to the use of the Academy which they are appointed to visit, unto the Treasurer of the University, requesting him to import the same from Europe, as soon as he shall have received such account froin six or more of the said committees ; and for defraying the expense thereof, that the Treasurer retain in his hands so much of the nioney appropriated to each Academy as he may deem adequate to the purchase of the books and apparatus intended for its use. (Extract from the minutes.)
By a resolution passed March 25, 1834, the Regents ordained that before a charter should be granted to any Academy or school established on the system of Lancaster or Bell, or any other system approved by the Regents, proof should be exhibited that the applicants award property yielding a net annual income of $250, and a lot suitable for such school, and that they had erected a sufficient building, and that such lot and building were clear of incumbrance.
In February, 1836, a question was raised in respect to the power of the Regents to receive under their visitation an Academy which had been incorporated by a special act of the Legislature, but which contained no provision allowing the Trustees to apply for admission. This point was raised in the case of the “ Genesee Wesleyan Seminary,” the Trustees of which were appointed by the Genesee Conference of the Methodist Episcopal Church.
The committee appointed to consider the question reported that in their opinion their power was delegated by the Legislature, and must be construed strictly. All their acts should be contined to guch subjects as the Legislature had authorized ; and as the right of the Trustees of Academies incorporated under special acts to apply for admission had been specified in some cases and omitted in others, it was presumed that this difference was intended. Moreover, although the Regents might unquestionably issue a new charter in such cases, it would be great presumption part to undertake to do over again what the Legislature had once done.
In this instance, a most laudable undertaking had been success. fully begm, and funds to the amount of $56,000 had been raised. A resolution was accordingly passed recommending an act allowing
the Academy to be received under their visitation. This was done by special act.
Under an act passed April 17, 1838, it was provided that any Academy owning a building, library and apparatus worth $2,500, might subject itself to the visitation of the Regents. This rendered it necessary to modify the rules previously established with respect to the kind and value of property required to be owned by the applicants for incorporation, which was done by an ordinance passed April 25, 1838.
By an ordinance passed March 31, 1840, Academies whose Trustees had delegated to third persons the power of controlling academic building, prescribing the course of study, paying teachers, fixing the rates of tuition, etc., were deprived of a distributive share of the literature fund.
It was decided February 16, 1841, that the Regents cannot amend an act of the Legislature by changing the naine of an institution which had been given by law, but this rule has not governed their action in this regard on many occasions.
By an ordinance passed April 6, 1849, it was required that the lot, building, library and apparatus should be fully paid for before incorporation, or submission to visitation.
The charters granted by the Regents, and the amendments thereto, were formerly, and for a long period, recorded in the office of Secretary of State.
By an act passed April 13, 1855,' they were required to be recorded in the office of the Secretary of the Regents, and transcripts were directed to be made from records formerly entered in the office of Secretary of State. Copies of these records, under the seal of the Regents, were allowed to be used in the courts the same as original records. The fees formerly charged for recording were abolished in 1870.'
' Laws of 1838, p. 220 Chap. 471, Laws of 1855. 3 Chap. 60, Laws of 1870.