17

in the next issue of the Government Gazette your Honour will rectify the mistake which has been committed.

I have the honour to be,
Sir,
Your obedient servant,
A. G. JENKINS,
Secretary.
His Honour the Superintendent.

APPENDIX

REFERRED TO IN THE ACCOMPANYING REPORT.

1. The object of the Deed of Foundation is to establish an educational institution, to be called "Nelson College," for the advancement of religion and morality, and the promotion of useful knowledge, by offering to the youth of the province a general education of a superior character.

2. The funds of the Institution having arisen from the contributions of persons of different religious persuasions, creed cannot be admitted as a disqualification, either as regards teachers or pupils.

3. The governing body of the Institution shall consist of a Council of Governors, nine in number.

4. There shall also be a Visitor, who shall be the Governor for the time being of the colony, or some person appointed by him for that purpose; and the Governor, or his delegate, shall be empowered to do all things and exercise all the powers which pertain to visitors generally.

5. The first Council of Governors shall be nominated by the present Trustees, and shall hold office for four years; at the expiration of that time three of them shall retire, but shall be eligible for re-election, the order in which they shall retire having been previously determined by lot; and, at succeeding intervals of three years, other three of the Governors shall retire, and a fresh election shall take place, the electoral body being that constituted under the provisions of the Nelson Trust Funds Act of the General Assembly, 1854. In the event, however, of no such electoral roll being in existence, owing to the complete disposal of the Trust Funds or other causes, or in the event of no election being made by the constituency, the remaining Governors shall be empowered to fill up the vacancy or vacancies by a majority of the votes of their own body, subject to confirmation by the Visitor for the time being.

6. If any Governor shall for six months fail to give his attendance, without leave of absence; or shall become a bankrupt, or an insolvent debtor, within the meaning of any law which may hereafter be in force within the colony of New Zealand, relating to bankrupts; or shall become a public defaulter; or be attainted of treason; or convicted of felony or any infamous crime; or become of unsound mind; he shall ipso facto cease to hold the office of a Governor of the College.

7. Vacancies arising from the above causes, or from death, or resignation, shall be filled up in the manner prescribed in clause 5; but the Governor, so elected, shall be considered as holding office only for the time it would otherwise have been held by the Governor whose place he has taken.

8. The Council of Governors shall make such regulations as they may deem fit for taking the votes at all such elections.

9. The appointment and control of the tutorial body, and management of the Institution generally, shall be in the hands of the Council of the College, who shall also determine from time to time the curriculum of study, and fix the amount of remuneration to be paid by the pupils or students.

10. The Council of Governors shall also have the power of framing statutes and by-laws, subject to the approval of the Visitor, with power to repeal and alter the same as the interests of the Institution may seem to them to demand; but such statutes or by-laws shall not be repugnant to the terms and intention of the provisions of the Deed of Foundation.

11. The persons whose names are written beneath shall be the first Council of Governors, and are appointed to hold office until the 1st January, 1862:—

JOHN DANFORTH GREENWOOD,
CHARLES ELLIOTT,
DAVID MONRO,
JOHN WARING SAXTON,
JOHN WALLIS BARNICOAT,
CHARLES BIGG WITHER,
WILLIAM WELLS,
ALFRED DOMETT,
HENRY COOPER DANIELL.

12. The course of instruction shall always include the English language and literature, one or more modern languages, geography, mathematics, classics, history, drawing, music, and such branches of art or science as the Council shall at any time determine. Further, upon all school-days not being half-holidays, so soon as the necessary funds can be procured to defray the extra expenses consequent upon such an arrangement, classes shall be kept open for the purposes of instruction for such, two hours in the evening, between the hours of six o'clock p.m., and ten o'clock p.m., as the Governors for the time being may direct.

13. No pupil shall be admitted under the age of nine years, nor unless he be able to read