[Preamble, reciting 30 Geo. 3. c. 10., rep. 51 & 52 Vict. c. 57. (S.L.R.)]

The speaker of the House of Commons to receive a yearly sum of 6,000l. payable out of the consolidated fund in lieu of fees, &c.  [1.] The speaker of the House of Commons for the time being shall be entitled to and shall have and receive the clear yearly sum of six thousand pounds; and the same shall be charged upon and made payable out of the consolidated fund of the United Kingdom of Great Britain and Ireland, and shall be paid quarterly and such payments shall be made out of the said consolidated fund, after paying, or reserving sufficient to pay, all such sum and sums of money as may have been directed, by any Act or Acts of Parliament passed previously to the said recited Act, to be paid out of the same, but with preference to all other payments which shall have been or may hereafter be charged upon or payable out of the said fund; and the receipt of the said speaker for the time being shall be a sufficient discharge for the same.

[S. 2 rep. 51 & 52 Vict. c. 57. (S.L.R.)]
Salary to be free of all taxes, &c.                                                                                3. The said sum hereby directed to be issued shall be free and clear from all taxes, impositions, fees, and other charges whatever; and the speaker of the House of Commons for the time being shall be free and clear of all taxes, impositions, fees, and charges in respect of such sum; anything herein contained in any law or statute to the contrary thereof in anywise notwithstanding.

Provision in case of a dissolution.                                                                                4. Provided always, that in case of any dissolution of Parliament the speaker of the House of Commons at the time of such dissolution shall for the purposes of this Act be deemed to be the speaker of the House of Commons until a speaker shall be chosen by the new Parliament.

Speaker not to hold any office under the crown during pleasure.                                                                   5. The speaker of the House of Commons for the time being shall not hold or enjoy, in his own name or in the name of any person or persons in trust for him or for his benefit, any office, or place of profit under the crown during pleasure.

[Ss. 6–8 rep. 37 & 38 Vict. c. 35. (S.L.R.)]


[Whole Act except ss. 8, 9, 10, 12, and Sched. 1, rep. 1 Edw. 7. c. 22, s. 161, Sched. 7, pt. I.]

Special Rules and Requirements.[2]
Special rules and requirements as to dangerous and unhealthy incidents of employment.  8.—(1) Where the Secretary of State certifies that in his opinion any machinery or process or particular description of manual labour used in a factory or workshop (other than a domestic workshop) is dangerous or injurious to health or dangerous to life or limb, either generally or in the case of women, children, or any other class of persons, or that the provision for the admission of fresh air is not sufficient, or that the quantity of dust generated or inhaled in any factory or workshop is dangerous or injurious to health, the chief inspector may serve on the occupier of the factory or workshop a notice in writing, either proposing such special rules or requiring the adoption of such special measures as appear to the chief inspector to be reasonably practicable and to meet the necessities of the case.

(2.) Unless within twenty-one days after receipt of the notice the occupier serves on the chief inspector a notice in writing that he objects to the rules or requirement, the rules shall be established, or, as the case may be, the requirement shall be observed.
(3) If the notice of objection suggests any modification of the rules or requirement, the Secretary of State shall consider the suggestion and may assent thereto with or without any further modification which may be agreed on between the Secretary of State and the occupier, and thereupon the rules shall be established, or, as the case may be, the requirement shall be observed, subject to such modification.
(4) If the Secretary of State does not assent to any objection or modification suggested as aforesaid by the occupier, the matter in difference between the Secretary of State and the occupier shall be referred to arbitration under this Act, and the date of the receipt of the notice of objection by the Secretary of State shall be deemed to be the date of the reference, and the rules shall be established, or the requisition shall have effect, as settled by an award on arbitration.
(5) Any notice under this section may be served by post.
(6) With respect to arbitrations under this Act the provisions in the first schedule to this Act shall have effect.
(7) No person shall be precluded by any agreement from doing, or be liable under any agreement to any penalty or forfeiture for doing, such acts as may be necessary in order to comply with the provisions of this section.

Penalty for contravention of special rules or requirement.                             9.—(1) If any person who is bound to observe any special rules established for any factory or workshop under this Act acts in contravention of, or fails to comply with, any such special rule, he shall be liable on summary conviction to a fine not exceeding two pounds; and the occupier of the factory or workshop shall also be liable on summary conviction to a fine not exceeding ten pounds, unless he proves that he had taken all reasonable means, by publishing, and to the best of his power enforcing, the rules to prevent the contravention or noncompliance.

(2) A factory or workshop in which there is a contravention of any requirement made under this Act shall be deemed not to be kept in conformity with the principal Act.

Amendment of special rules.                                                            10.—(1) After special rules are established under this Act in any factory or workshop, the Secretary of State may from time to time propose to the occupier of the factory or workshop any amendment of the rules or any new rules; and the provisions of this Act with respect to the original rules shall apply to all such amendments and new rules in like manner, as nearly as may be, as they apply to the original rules.

(2) The occupier of any factory or workshop in which special rules are established may from time to time propose in writing to the chief inspector, with the approval of the Secretary of State, any amendment of the rules or any new rules, and the provisions of this Act with respect to a suggestion of an occupier for modifying the special rules proposed by a chief inspector shall apply to all such amendments and new rules in like manner, as nearly as may be, as they apply to such a suggestion.

Certified copies of special rules to be evidence.                                      12. An inspector shall, when required, certify a copy which is shown to his satisfaction to be a true copy of any special rules for the time being established under this Act for any factory or workshop, and a copy so certified shall be evidence (but not to the exclusion of other proof) of those special rules, and of the fact that they are duly established under this Act.

FIRST SCHEDULE.
Sect. 8.
1. The parties to the arbitration are in this schedule deemed to be the occupiers of the factory or workshop on the one hand and the chief inspector, on behalf of the Secretary of State, on the other.
2. Each of the parties to the arbitration may, within fourteen days after the date of the reference, appoint an arbitrator.
3. No person shall act as arbitrator or umpire under this Act who is employed in, or in the management of, or is interested in, the factory or workshop to which the arbitration relates.
4. The appointment of an arbitrator under this section shall be in writing, and notice of the appointment shall be forthwith sent to the other party to the arbitration, and shall not be revoked without the consent of that party.
5. The death or removal of, or other change in, any of the parties to the arbitration shall not affect the proceedings under this schedule.
6. If within the said furteen days either of the parties fails to appoint an arbitrator, the arbitrator appointed by the other party may proceed to hear and determine the matter in difference, and in that case the award of the single arbitrator shall be final.
7. If before an award has been made any arbitrator appointed by either party dies or becomes incapable to act, or for seven days refuses or neglects to act, the party by whom that arbitrator was appointed may appoint some other person to act in his place; and if he fails to do so within seven days after notice in writing from the other party for that purpose, the remaining arbitrator may proceed to hear and determine the matter in difference, and in that case the award of the single arbitrator shall be final.
8. In either of the foregoing cases where an arbitrator is empowered to act singly, on one of the parties failing to appoint, the party so failing may, before the single arbitrator has actually proceeded in the arbitration, appoint an arbitrator, who shall then act as if no failure had occurred.
9. If the arbitrators fail to make their award within twenty-one days after the day on which the last of them was appointed, or within such extended time (if any) as may have been appointed for that purpose by both arbitrators under their hands, the matter in difference shall be determined by the umpire appointed as herein-after mentioned.
10. The arbitrators, before they enter on the matter referred to them, shall appoint by writing under their hands an umpire to decide on points on which they may differ.
11. If the umpire dies or becomes incapable of acting before he has made his award, or refuses to make his award within a reasonable time after the matter has been brought within his cognizance, the persons or person who appointed such umpire shall forthwith appoint another umpire in his place.
12. If the arbitrators refuse or fail, or for seven days after the request of either party neglect, to appoint an umpire, then on the application of either party an umpire may be appointed by the chairman of the quarter sessions within the jurisdiction of which the factory or workshop is situate.
13. The decision of every umpire on the matters referred to him shall be final.
14. If a single arbitrator fails to make his award within twenty-one days after the day on which he was appointed, the party who appointed him may appoint another arbitrator to act in his place.
15. Arrangements shall, whenever practicable, be made for the matters in difference being heard at the same time before the arbitrators and the umpire.
16. The arbitrators and the umpire, or any of them, may examine the parties and their witnesses on oath, and may also consult any counsel, engineer, or scientific person whom they may think it expedient to consult.
17. The payment, if any, to be made to any arbitrator or umpire for his services shall be fixed by the Secretary of State and together with the costs of the arbitration and award shall be paid by the parties, or one of them, according as the award may direct. Such costs may be taxed by a master of the Supreme Court, or, in Scotland, by the auditor of the Court of Session, and the taxing officer shall, on the written application of either of the parties, ascertain and certify the proper amount thereof. The amount, if any, payable by the Secretary of State shall be paid as part of the expenses of inspectors under the principal Act. The amount, if any, payable by the occupier of the factory or workshop may in the event of nonpayment be recovered in the same manner as fines under the principal Act.

[1 Short title “The Factory and Workskop Act, 1891,” given by s. 41 (1) rep. 1 Edw. 7. c. 22, s. 161.]

[2 Ss. 8–10 and 12 and Sched. 1 of this Act are rep. 1 Edw. 7. c. 22, s. 161, Sched. 7. pt. II. as from date prescribed by order of Secretary of State. No such date has (29 April 1909) been so prescribed.]


[Preamble.]
Interpretation of terms.                                                                 1. For the purposes of this Act, unless the context otherwise requires—
“Educational endowment” shall mean any property dedicated to charitable uses, and which has been applied or is applicable, in whole or in part, whether by the declared intention of the founder or the consent of the governing body, or by custom or otherwise, to educational purposes:
“Governing body” shall mean the commissioners, managers, governors, board, committee, or trustees of any endowment, or other persons having the administration of the revenues thereof, and shall include the Commissioners of Education in Ireland:
“The Lord Lieutenant in Council” shall mean the Lord Lieutenant acting by and with the advice of the Privy Council in Ireland:
“The Commissioners” shall mean the Commissioners appointed under this Act, and “Commissioner” shall mean one of such Commissioners.

Short title.                                                                             2. This Act may be cited as the Educational Endowments (Ireland) Act, 1885.

[S. 3 rep. 61 & 62 Vict. c. 22 (S.L.R.)]
Commissioners.
Constitution of commission.                                                              4. The Commissioners shall be five in number, of whom two (herein-after referred to as the Judicial Commissioners) shall be or have been Judges of the Supreme Court of Judicature in Ireland, and three (herein-after referred to as Assistant Commissioners) shall be persons of experience in education.

. . . . . . . . . .
The Judicial Commissioners shall hold office during good behaviour, they shall receive no payment for their services, and shall not be subjected to any personal liability for costs or otherwise in respect of anything done or omitted by them as such Commissioners.

Every scheme submitted for the approval of the Lord Lieutenant in Council under this Act shall be signed by both the Judicial Commissioners for the time being under their hands.

It shall be lawful for the Lord Lieutenant to appoint the Assistant Commissioners, who shall hold office during his pleasure; and, upon any vacancy occurring by death, resignation, or otherwise in the office of a Judicial or Assistant Commissioner, it shall be lawful for the Lord Lieutenant to supply such vacancy by the appointment of a qualified person. No Assistant Commissioner shall be subjected to any personal liability for costs or otherwise in respect of anything done or omitted by him as such Assistant Commissioner.

The Judicial Commissioners may from time to time, with the approval of the Treasury, appoint a secretary, and such officers, clerks, and servants as they think fit.

The Judicial Commissioners may from time to time prescribe the duties of the Assistant Commissioners, and of the secretary, officers, clerks, and servants.

The Commissioners of Public Works in Ireland shall provide a suitable office in Dublin in which the business of the Commission may be transacted.

This section shall take effect on the passing of this Act.
Salaries and expenses.                                                                   5. The Treasury shall assign such salaries as they think fit to the Assistant Commissioners, secretary, officers, clerks, and servants appointed under this Act, and, except where otherwise provided, the salaries and other expenses incurred under this Act (including the personal and travelling expenses of the Judicial Commissioners, and the travelling expenses of the Assistant Commissioners, secretary, and other officers incurred on the business of the Commission, which shall be paid on scales to be approved by the Treasury), and also any expenses incurred by the Lord Lieutenant in Council under this Act, shall be paid out of moneys to be provided by Parliament.

Powers of Commissioners.                                                                 6. Subject to the provisions herein-after contained, the Commissioners shall have power to prepare drafts of schemes for the future government and management of educational endowments, which schemes may provide for altering the conditions and provisions of such endowments, including the powers of investing and from time to time changing the investment of the funds or selling the properties thereof, or amalgamating, combining, or dividing such endowments, or, in the case of endowments applicable for intermediate education, transferring such endowments to the Intermediate Education Board for Ireland, to be applied by them for the purposes of the Intermediate Education (Ireland) Act, 1878, as the Scheme may direct, or (in the case of endowments applicable for elementary education) placing the schools under the inspection of the Commissioners of National Education, as the Scheme may direct, or consolidating or dividing the schools, or removing them to different localities, or authorising the governing bodies of boarding schools to discontinue the boarding departments, or readjusting, extending, or abolishing existing schemes of exhibitions or scholarships, or altering the constitution of the governing bodies, or uniting two or more existing governing bodies, or transferring endowments from one governing body to another, or establishing new governing bodies with such powers as shall seem necessary, and to insert in such schemes clauses incorporating the governing bodies, whether old or new, or vesting endowments in any existing corporate bodies in trust for such governing bodies.

41 & 42 Vict. c. 66.
A scheme may authorise any governing body to sell, demise, exchange, or surrender a lease of any land, or to dispose of any other property vested in them, and may give such directions in relation thereto, and for investing the money arising therefrom, as the Commissioners shall think fit.

Sales, demises, and exchanges of land, and the surrender of leases of land, and other dealings with property, authorised by a scheme, shall have the like effect and validity as if they had been authorised by the express terms of the trust affecting the endowment to which they belong.

Endowments subject to Commission.
Act not to apply to certain endowments.                                                  7. This Act shall not apply—
(1) to any endowment belonging to, or administered by, or in the gift of the University of Dublin, or Trinity College; or
(2) to any endowment solely or mainly applicable or applied for the purposes of theological instruction, or belonging to any theological institution; or
(3) to any endowment which in the discretion of the governing body may be wholly applied to other than educational purposes; or
(4) to any endowment or part of an endowment (as the case may be) given to charitable uses, or to such uses as are referred to in this Act, at any time after the passing of this Act; or
(5) to any endowment consisting of voluntary subscriptions, or accumulations, or investments thereof; or
(6) to any endowment applicable and provided exclusively for the benefit of persons of any particular religious denomination, and which is under the exclusive control of persons of that denomination,
unless the founder or the governing body of such endowment, or the senate or governing body of such university, respectively, shall intimate in writing to the Commissioners their consent that such endowment shall be dealt with under this Act.

Apportionment of mixed endowments.                                                       8. Where any part of an endowment is an educational endowment within the meaning of this Act, and part of it is applicable or applied to other charitable purposes, the scheme shall be in conformity with the following provisions (except so far as the governing body of such endowment assent to the scheme departing therefrom); that is to say,
(1.) The proportion of the endowment or annual income for the time being derived therefrom which is applicable to such other charitable uses shall not be diverted by the scheme from such uses, unless, in the opinion of the Commissioners—
(a) there are no persons who are entitled to benefit out of such part of the endowment; or
(b) the purposes of such part of the endowment have failed altogether; or
(c) such purposes have become insignificant in comparison with the magnitude of such part of the endowment; or
(d) such purposes have become prejudicial to the public welfare.
(2.) The proportion of the endowment or annual income for the time being so applicable to such other charitable uses shall be deemed to be the proportion which, in the opinion of the Commissioners, is the proportion which has, according to the average of such number of years as the Commissioners shall determine, been appropriated as regards capital, or applied as regards income, to such uses; or if that proportion differs from the proportion which ought to have been so appropriated or applied according to the express directions of the instrument of foundation, or the decree of any competent court, or the statutes or regulations governing such endowment, the proportion applicable to such other charitable uses shall be the proportion which ought, according to the express directions of such instrument, or such decree, or such statutes or regulations, to have been appropriated or applied to such other charitable uses.
(3.) If the proportion applicable to other charitable uses amounts to or exceeds one-half of the whole of the endowment, the governing body of such endowment existing at the date of the scheme shall, so far as regards its non-educational purposes, remain unaltered by the scheme.
(4.) Where the governing body remains so unaltered, that body shall pay or apply for educational purposes such proportion as, under the former provisions of this section, is applicable to those purposes, or such less sum as may be fixed by the Commissioners.
(5.) When any portion of the endowment or the annual income of such portion has been accumulated and not applied to any purpose, the Commissioners shall determine whether, and in what proportion, such portion or income is to be considered for the purposes of this section as having been appropriated or applied for educational purposes or for other charitable uses.

Subject to the foregoing provisions of this section, the Commissioners shall have power by any scheme to deal with such endowment and with the governing body thereof, in the same manner in all respects as if the whole of it were an educational endowment.

Application to education of non-educational endowments.                                  9. The Commissioners of Charitable Donations and Bequests, or any other governing body having an endowment or fund which is not an educational endowment within the meaning of this Act, if there are no persons who are entitled to benefit out of the endowment, or if the purposes of the endowment have failed altogether, or have become obsolete or useless, or are otherwise sufficiently provided for, or are insignificant in comparison with the magnitude of the endowment, or are, in the opinion of such governing body, not substantially beneficial to the class of persons for whom such endowment was originally intended, or if it has been found impossible, either from the inadequacy of the endowment or the impracticable character of the founder’s intentions, to carry these intentions into effect, may, if they think fit, intimate in writing to the Commissioners their assent to the endowment being deemed to be, and thereafter such endowment may be dealt with in all respects as if it were an educational endowment.

The Commissioners, with the consent of “the Commissioners of Education in Ireland,” may by any scheme or schemes under this Act confer upon the said Commissioners of Education all or any such further, additional, or amended powers as may appear necessary or expedient for the management and control of the endowments vested in or controlled by the said Commissioners of Education, or for the efficient exercise of the powers of the said Commissioners.

Endowments for apprenticeship fees, maintenance, and clothing to be deemed educational.  10. For the purposes and subject to the provisions of this Act, endowments for the payment of apprenticeship fees, or for marriage portions, or for the maintenance, nurture, or clothing, or otherwise for the benefit of poor children or young persons, shall be deemed to be and may be dealt with as educational endowments.

Requisites of Schemes.
Vested interests.                                                                        11. In framing schemes the Commissioners shall save or shall make due compensation for the vested interests of individuals holding any office, place, employment, pension, compensation allowance, bursary, or emolument under or arising out of educational or other endowment at the date of the passing of this Act, and shall provide that no funds now applied in terms of the founder’s directions to free elementary education shall be directed to any other purpose, except to the extent to which such funds are manifestly in excess of the requirements for the purpose of free elementary education of the localities to which they belong. “Elementary education” shall mean such education as may be given in National schools which are aided by grants from the Commissioners of National Education in Ireland.

Interests acquired after passing of Act.                                                 12. Every interest, right, privilege, or preference which any person may acquire after the passing of this Act in or relative to any educational endowment, or in the governing body thereof, or as member of any such governing body, or in or relative to any office, place, employment, pension, compensation allowance, bursary, or emolument in the gift of any such governing body, shall be subject to the provisions of any scheme made under this Act; and the governing body of an educational endowment shall not during the continuance of the power of making schemes under this Act begin to build, rebuild, or enlarge any school buildings, or teachers’ residences, or buildings connected therewith, except with the written consent of the Commissioners, or under the directions of such a scheme; but this provision shall not prevent them from continuing any works begun before the passing of this Act, or from doing anything necessary for the repair or maintenance of buildings or residences existing at the passing of this Act.

Interests of particular classes to be kept in view.                                      13. In framing schemes it shall be the duty of the Commissioners, with respect alike to the constitution of the governing body and to educational provisions, to have regard to the spirit of founders’ intentions; and in every scheme which abolishes or modifies any privileges or educational advantages to which a particular class of persons is entitled, whether as inhabitants of a particular area or as belonging to a particular class in life or otherwise, they shall have regard to the educational interests of such class of persons: Provided always, that where the founder of any educational endowment has expressly provided for the education of children belonging to the poorer classes, either generally, or of a particular class, or within a particular area, or otherwise for their benefit, such endowment for such education, or otherwise for their benefit, shall continue, so far as requisite, to be applied for the benefit of such children.

Selection of beneficiaries.                                                              14. In framing schemes the Commissioners shall provide that in making a selection from amongst those eligible for the benefits of any educational endowment due regard shall be paid to merit as ascertained by examination, or in such other manner as the Commissioners shall determine.

Benefits to be extended to girls.                                                        15. In framing schemes provision shall be made, so far as can be equitably arranged and as the circumstances of each particular locality require, for extending to both sexes the benefit of endowments.

Tenure of office of teachers, &c.                                                        16. In every scheme the Commissioners shall provide for the dismissal of every officer in the employment of the governing body, and of every teacher and officer in the endowed school or schools to which the scheme relates, including the principal teacher or teachers, with or without power of appeal in such cases, and to such authority as to the Commissioners may seem expedient.

Inspection and audit.                                                                    17. Every scheme shall provide for the periodical inspection by an inspector to be appointed by the Lord Lieutenant of any school sharing in any endowment, and for the periodical audit by an auditor of the Local Government Board or other competent authority of the accounts of any endowment dealt with by the scheme; and that the reports of such inspector shall be presented to the Lord Lieutenant. The remuneration of an inspector shall be fixed by the Lord Lieutenant, and shall be defrayed by the governing bodies of such endowments as the scheme may provide.

Provision for future alteration of schemes.                                              18. In any scheme the Commissioners may provide for the alteration of the scheme from time to time by the Commissioners of Charitable Donations and Bequests for Ireland upon application made by the governing body or any party interested, provided such alteration shall not be contrary to anything contained in this Act.

Procedure.
Preliminary inquiry.                                                                     19. Before preparing the draft of a scheme for any endowment or endowments the Commissioners, if they deem it necessary, may make such public examination or inquiry as they think proper, and shall give the governing body or governing bodies an opportunity of being heard.

Governing body may lodge draft scheme.                                                   20. Any governing body or any governing bodies jointly may, within two months after the commencement of this Act, give notice in writing of their intention to submit a draft scheme for the consideration of the Commissioners, and if after such notice they submit such a scheme within four months after the commencement of this Act, the Commissioners shall take it into consideration before preparing their scheme.

Printing and publication of draft schemes.                                               21. When the Commissioners have prepared the draft of a scheme, they shall cause it to be printed, and printed copies of it to be sent to the governing body or governing bodies of the endowment or endowments to which it relates, and shall also cause the draft, or a proper abstract thereof, to be published in such manner as they think sufficient for giving information to all persons interested.

Governing body may lodge objections.                                                     22. During two months after the first publication of the draft of a scheme the Commissioners shall receive any objections made to them in writing by any public body or persons interested respecting such scheme, and any amendments proposed thereon; and at any time after the expiration of such two months the Commissioners, if they think fit, may hold, either collectively or by two or more of their members, a local public inquiry concerning the subject matter of such scheme.

As to framing of schemes.                                                                23. As soon as may be after the expiration of the said two months, or the holding of such inquiry by the Commissioners or by two or more of their members, the Judicial Commissioners shall proceed to consider objections made to them in writing respecting the draft scheme, and any amendments proposed thereon, and thereupon they shall, if they think fit, frame a scheme in such form as they think expedient, and submit it for the approval of the Lord Lieutenant in Council; provided that where a scheme has been prepared and submitted in pursuance of this Act to the Commissioners before the Commissioners have prepared the draft of a scheme, the Commissioners shall, if requested by the governing body who submitted it, submit such scheme with their own to the Lord Lieutenant in Council.

Approval of Lord Lieutenant to schemes.                                                  24. The Lord Lieutenant in Council, as soon as a scheme is submitted to him, shall, before provisionally approving the same, cause the scheme, or a proper abstract thereof, to be published in such manner as he thinks sufficient for giving information to all persons interested, together with a notice stating that during two months after the first publication of such notice the Lord Lieutenant in Council will receive any objections made to him in writing by any public body or persons interested respecting such scheme.

After the expiration of the said two months the Lord Lieutenant in Council may, if he thinks fit, provisionally approve the scheme, or may remit the scheme, with such declaration as the nature of the case seems to him to require, to the Commissioners, and if he remits the scheme with a declaration the provisions contained in the immediately succeeding section shall apply.

The Lord Lieutenant in Council, as soon as he provisionally approves a scheme, shall forthwith, in such manner as he thinks sufficient for giving information to all persons interested, publish a notice that the scheme has been provisionally approved by him, and that, unless within two months after the first publication of such notice a petition is presented to him as in this section mentioned, such scheme may be finally approved by an Order in Council without being laid before Parliament.

During the said two months a petition praying that the scheme may be laid before Parliament may be presented to the Lord Lieutenant in Council by the governing body of the endowment to which the scheme relates, or by the town council or town commissioners of any town or district directly affected by the scheme, or by any ratepayers (not less than twenty) of any poor law union or place directly affected by the scheme, or by any person or persons having a vested interest in the endowment or any part of it.

Proceedings where scheme is remitted.                                                    25. Where a scheme is remitted with a declaration, the Lord Lieutenant in Council shall transmit to the Commissioners any objections made to him in writing respecting such scheme; and the Judicial Commissioners may thereupon proceed to prepare an amended scheme, and may submit the same for the approval of the Lord Lieutenant in Council in the same manner and subject to the same provisions as are in this Act provided in the case of the approval of a scheme, and so on from time to time as often as occasion may require.

Quorum of governing body.                                                                26. The majority of members of a governing body who are present at a meeting of their body duly constituted shall have power to do anything that may be required to be done by a governing body for the purposes of this Act: Provided that this power shall be in addition to and not in restraint of any power which any meeting of such governing body may have independently of this Act.

Scheme to be approved by Order in Council.                                               27. If, at the expiration of the time for a petition to the Lord Lieutenant in Council praying that a scheme be laid before Parliament, no such petition has been presented, it shall be lawful for the Lord Lieutenant by Order in Council to declare his approbation of such scheme without the same being laid before Parliament.

When to be laid before Parliament.
If any such petition has been presented, the Lord Lieutenant shall, as soon as may be, cause the scheme to be laid before both Houses of Parliament; and after it has lain two months before Parliament, then, unless within such two months a resolution has been adopted by one or other of the said Houses disapproving of such scheme or any part thereof, it shall be lawful for the Lord Lieutenant by Order in Council to declare his approbation of such scheme, or any part thereof to which such resolution does not relate.

A scheme, when approved by the Lord Lieutenant in Council, shall have full operation and effect from the date of such Order in Council, in the same manner as if it had been enacted in this Act, and thereupon every Act of Parliament, letters patent, statute, deed, instrument, trust, or direction relating to the subject matter of the scheme, so far as inconsistent with the provisions thereof, shall be repealed and abrogated.

Amendment of schemes.                                                                    28. Schemes may be from time to time framed and approved for amending any scheme approved under this Act, and all the provisions of this Act relative to an original scheme shall apply also to an amending scheme, mutatis mutandis.

Validity of scheme.                                                                      29. The Order in Council approving a scheme shall be conclusive evidence that such scheme was within the scope of and made in conformity with this Act, and the validity of such scheme and Order shall not be questioned in any legal proceedings whatever.

Inquiry by Commissioner or Commissioners.                                                30. Where the Commissioners, or any of them, hold a local public inquiry under this Act, they or he shall for that purpose hold a sitting or sittings in some convenient place in the neighbourhood of the place where the endowment or endowments to which the scheme relates is situate or administered, and shall thereat take and receive any evidence, oral or documentary, offered, or which may have been called for or produced under the powers contained in the immediately succeeding section, and shall hear and inquire into any objections respecting the scheme or the endowment or endowments, with power from time to time to adjourn any sitting.

Notice shall be published, in such manner as the Commissioners direct, of every such sitting (except an adjourned sitting) fourteen days at least before the holding thereof.

Power to summon witnesses, &c.                                                           31. In the execution of this Act the Commissioners shall have the same powers as a judge of the High Court of Justice with regard to the summoning and examination of witnesses, and the discovery and inspection of documents; and it shall not be necessary that any summons or order shall be signed by more than one Commissioner; and if any summons or order of the Commissioners in exercise of the said powers is not obeyed, a judge of the High Court of Justice may, on summary application by the Commissioners, make such order as might be made in case of disobedience to a summons or order of the High Court
This section shall authorise the summoning and examination of witnesses and the discovery and inspection of documents before the Commissioners or any of them, and any Commissioner may administer an oath or affirmation, as the case may be, to any witness.

Cost of publishing scheme, &c.                                                           32. The cost incurred by or under the direction of the Commissioners in publishing and circulating any draft scheme, or scheme, or any abstract thereof, under this Act, other than cost of any publication in the Dublin Gazette made by order of the Lord Lieutenant in Council or of the Commissioners, shall be paid out of the funds of the endowment or endowments to which the same relates
Miscellaneous.
Service of notices.                                                                      33. Notices and documents required to be served on or sent to a governing body for the purposes of this Act may be served or sent by being left at the office, if any, of such governing body, or being served on or sent to the chairman, secretary, clerk, or other officer of such body, or if there be no office, chairman, secretary, clerk, or other officer, or none known to the Commissioners after reasonable inquiry, by being served on or sent to the principal teacher of the endowed school, if any, under such governing body.

Service by post.                                                                         34. Notices and documents required to be served or sent for the purposes of this Act may be served or sent by post, and shall be deemed to have been served and received at the time when the letter containing the same would be delivered in the ordinary course of the post; and in proving such service or sending it shall be sufficient to prove that the letter containing the nonces or documents was properly addressed and put into the post office.

Annual reports.                                                                          35. The Commissioners shall in every year make to the Lord Lieutenant a report of their proceedings under this Act during the preceding year, and the Lord Lieutenant shall cause such report to be laid, with all convenient speed, before both Houses of Parliament.

Returns, &c. by governing body.                                                          36. Every governing body shall make such reports and returns, and give to the Commissioners such information as to the funds, estates, property, and income under the control of the governing body, as the Commissioners may from time to time require.

Every governing body shall make such reports and returns, and give such information to the Lord Lieutenant or otherwise, as he may from time to time require, or as any scheme framed under this Act may direct.

Provision for default of governing body.                                                 37. If the governing body of any educational endowment fail to give effect to the provisions of any scheme approved under this Act, it shall be lawful for the Lord Lieutenant or for the Commissioners of Charitable Donations and Bequests for Ireland, upon the application of the town council or governing body of any town directly affected by such scheme or provisional order, or of any ratepayers (not less than twenty) of any poor law union or place directly affected thereby, or of any person or persons having a vested interest in the endowment, or any part of it, or upon the report of any inspector appointed under this Act, to send a requisition to the governing body of such endowment requiring them to give effect to the provisions of the scheme; and the governing body shall comply with the said requisition without undue delay, and if they fail, may be summarily compelled to do so by the High Court on application by or at the instance of the Attorney General.

Duration of powers of making schemes.                                                    38. The powers of making and approving of a scheme under this Act shall not, unless continued by Parliament, be exercised after the thirty-first of December one thousand eight hundred and eight-eight: Provided that it shall be lawful for the Lord Lieutenant in Council, if special cause is shown, to extend the time limited by this section with reference to any endowments specified by the Lord Lieutenant. Upon the expiration of the said powers the office of the Commissioners, and of their secretary, officers, and clerks, shall cease; and no Assistant Commissioner, secretary, officer, or clerk, appointed under this Act, shall by reason of such appointment be entitled to any compensation, superannuation, or other allowance in respect of his office.


Preamble.                                                                                WHEREAS the president and fellows of the King's and Queen's college of physicians in Ireland have petitioned parliament, setting forth that various difficulties had arisen in carrying the said acts of the twenty-fifth and thirty-first of his present Majesty into execution, occasioned by the manner of framing the same; that several of the provisions of the said acts appear from experience to be now unnecessary, and others imperfect, and therefore that it is expedient and necessary for the good government of the said college, and for the advancement of the said school of physic in the science of medicine, to alter and amend the said acts; and whereas the accomplishment of the objects of the said petition would be of great public advantage; be it therefore enacted by the King's most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal, and commons in this present parliament assembled, and by the authority of the same, That the said recited acts of the twenty-fifth and thirty-first of his present Majesty, and so much of an act made in this kingdom in the twenty-first year of his late Majesty King George the second, entitled, An act for vacating the office of the King's professor in Dublin, upon the death or surrender of the present King's professor, and for erecting three professorships of physic in the said city, instead thereof,(a ) as relates to the number of professors, the electors, and the mode of election, the tenure and salaries of the said professors, and the times and manner of lecturing, be, and the same are hereby repealed. [Rep., Stat. Law Rev. (I.) Act, 1879.]

Recited acts of 25 and 31 G. 3. and so much of 21 G. 2. [15 Geo. 2.] as is herein recited, are hereby repealed.

Professorships herein named shall be established instead of such as were appointed by said acts.                                              II. And be it enacted by the authority aforesaid, That instead of the professorships appointed by the said acts, or any of them, the following professorships shall be established, namely, a professorship of the institutes of medicine; a professorship of the practice of medicine; and a professorship of the materia medica and pharmacy; and that it shall and may be lawful to and for the president and fellows of the King and Queen's college of physicians in Ireland, whenever they shall think proper, and the funds shall permit, to add to the said professorships a professorship of midwifery, which said professors shall be called, the King's professors in the city of Dublin, on the foundation of Sir Patrick Dunn; and the said several and respective professors shall have perpetual continuance and succession; and that the persons heretofore elected and appointed to, and who are now in possession of the said professorships of the institutes of medicine, of the practice of medicine, and of the materia medica and pharmacy, under the provisions of said act of the twenty-fifth of his present Majesty, shall be, and they are hereby constituted and appointed professors in the said several branches respectively, until the expiration of the time for which they were so respectively elected, and that their respective successors, and the said professor of midwifery, when that professorship shall be added to the others, and his successors, shall be nominated, appointed, elected, and chosen, in the manner and form herein-after mentioned and set forth.

Perpetual succession.
Present professors shall continue.
Salaries of professors.                                                                                III. And be it enacted by the authority aforesaid, That each of the said King's professors, and his successors, shall receive, during his continuance in the said professorship, an annual salary of one hundred pounds, and no more, out of the clear yearly rents and profits of the real and personal estate of the said Sir Patrick Dunn.

Surplus of estate;                                                                                IV. And whereas after the payment of the salaries of the said three professors, there will be at present a surplus of the clear issues and profits of the said Sir Patrick Dunn's estate, amounting annually to the sum of nine hundred pounds, or thereabouts; and whereas clinical lectures are highly necessary for promoting the success of a school of physic; be it enacted by the authority aforesaid, That it shall and may be lawful to and for the said president and fellows of the said college of physicians, and they are hereby required to apply, with the consent and approbation of the chancellor of Trinity college, or in his absence, the vice-chancellor, the archbishop of Dublin, the provost of Trinity college, and the professor of physic in the same, or any two of them, a sum not exceeding one hundred and fifty pounds, out of the said annual surplus, as ground rent for a lot of ground on which an hospital, wherein clinical lectures shall be given, may be erected, and also to apply the residue of the said surplus, after payment of a salary of seventy pounds yearly to a librarian, as herein-after provided, the expence of receiver's fees for collecting the rents of the said estate, and the necessary expence of advertising lectures, and other matters incident to the said school of physic, annually, to the building of such hospital, until it shall be so far completed as to accommodate thirty patients therein, which hospital shall be called Sir Patrick Dunn's hospital, the government whereof is hereby vested in a board, consisting of the visitors of the college of physicians, of the president, vice-president, and censors of the same, of the provost of Trinity college, Dublin, and of twelve other persons, to be by said governors chosen and elected out of those who may become subscribers to the building or maintenance of said hospital; provided that no physician or surgeon who shall attend patients in the same, shall be capable of acting as a governor of the said hospital.

Hospital for clinical lectures.
Salary to a librarian.
Board of governors of Sir P. Dunn's hospital.
*********
At what time clinical patients may be maintained.                                                                                IX. And be it enacted, That no clinical patients shall be maintained at the expence, or out of the rents of the estate of the said Sir Patrick Dunn, until such hospital as aforesaid shall be completed for the reception of such thirty patients; and after it shall have been so completed, either by due application of the funds hereby provided for the same, or by private contributions, or both then, after defraying the necessary expences of supporting such thirty patients, and of the establishment of such hospital, the clear residue of such annual surplus of the rents of the said estate, shall be applied to enlarging the said hospital, until by such application, or by public or private contributions, or both, such hospital shall be so far enlarged as to afford accommodation for the reception of one hundred patients, and shall in addition contain necessary apartments for a library and medical lecture room.

Application of annual surplus, after expences herein mentioned.                                                                               [X.(a )] And be it enacted, That after such hospital shall be completed, and after defraying the charges arising from such salaries and expences as aforesaid, and the necessary expences of maintaining such one hundred patients, and the establishment of such hospital, which shall not be defrayed by private contributions, then the clear annual surplus of the rents of the said estate shall be applied, in the first place, to support a professor of midwifery, who shall have a salary of one hundred pounds a year, and no more; and after payment of such salary, then to such other purposes in advancement of the science of medicine, and of such school of physic as aforesaid, as shall be approved by the chancellor of the university of Dublin, or in his absence, the vice-chancellor, the archbishop of Dublin, the provost of Trinity college, or in his absence, the vice-provost, and the professor of physic of the university of Dublin, or any two or more of them.

Duty of King's professors and their successors.                                                                                [XI,(a ) And be it enacted by the authority aforesaid, That the said King's professors, and their successors, shall read and give clinical lectures upon the patients in the said hospital, at least two days in each week during every session, without any further allowance for the same out of the issues and profits of the said Sir Patrick Dunn's estate than their aforesaid yearly salaries of one hundred pounds each; and that the said King's professors, and the university professors herein-after mentioned shall read such lectures during the space of three months, in alternate succession, as has been heretofore practised, or in such other order as they shall agree upon amongst themselves; and that every pupil who shall attend the said lectures, shall pay to the professor whose lectures he shall attend, the sum of three guineas for each three months course of lectures, and that every pupil, before he shall be admitted to attend the said lectures, shall enter his name with the treasurer of the said hospital, and shall pay to such treasurer, for the use of said clinical hospital, the sum of twenty guineas, unless such pupil shall have been matriculated in the university of Dublin, or of Oxford, or of Cambridge, according to the statutable forms of such universities respectively, and shall have continued his studies in arts, under a tutor, in one of the said universities for the space of two years at least, in which case such pupil shall only pay the sum of three guineas to such treasurer for the use of the said clinical hospital; and such pupils, upon obtaining the said treasurer's receipts for the said payment of twenty, or three guineas, as the case may be, shall be admitted to attendance on the said lectures for the space of one year from the date of the said receipt; and if such pupil shall wish to continue his attendance on the said lectures for a longer term than one year, he shall pay to the said treasurer, for the use of the said hospital, for the time he shall so continue to attend, at the rate of twenty guineas, or three guineas, as the case may be, by the year.

King's professors and university professors to read lectures,
Pupils to pay for lectures, &c.
Election and duty of a librarian.                                                                                [XII.(a )] And be it enacted by the authority aforesaid, That it shall and may be lawful to and for the said president and fellows, annually, on the eighteenth of October, to elect a librarian, who shall, under the controul and direction of the said president and fellows, superintend the purchase of books to form a medical library, whenever there shall be a fund for purchasing the same, and shall have the care of them, and of all such books as have been heretofore purchased, and the management of the library, and that such librarian shall, before he enters upon his office, give security by bond to the said president and fellows for the due care and preservation of the books committed to his care; and that such librarian shall receive an annual salary not exceeding seventy pounds, provided he shall furnish the necessary fuel for such library and medical lecture room, and shall faithfully discharge such duties as shall be prescribed to him by the president and fellows of the college of physicians, with the consent and approbation of the chancellor of Trinity College, or in his absence, the vice-chancellor, the archbishop of Dublin, the provost of Trinity College, and the professor of physic in the same, or any two of them, and the books belonging to said library shall be deposited in a room or rooms provided for the purpose, in the hospital to be erected for the reception of patients, on whose cases clinical lectures may be given; [The rest of this section is rep., Stat. Law Rev. (I.) Act, 1879.]

Salary 70l. a year, provided as herein.
3 university professors appointed by 35 G. 3. shall have perpetual succession.                                                                XIII. And whereas by an act passed in the twenty-fifth year of the reign of his Majesty King George the third, it was enacted, That there should be three professors in the university of this kingdom, who should be called university professors, that is to say, a professor of anatomy and chirurgery, a professor of chymistry, and a professor of botany, and that the then present lecturers in the said several branches should be constituted and appointed professors in the said several branches respectively; be it therefore enacted, That the said university professors shall have perpetual continuance and succession, and shall be elected in the manner, for the time, and subject to the regulations herein after mentioned.

Professors supported by university.                                                                                XIV. And be it enacted by the authority aforesaid, That the said university professors shall be supported at the expence of the said university.

Time and manner of convening college of physicians and holding elections.                                                                     [XV.(a )] And be it enacted by the authority aforesaid, That on the day immediately preceding the day of holding the election of the said King's professor or professors, and in case the day so preceding shall happen on a Sunday or Christmas-day, then on the day preceding such Sunday or Christmas-day, the president, or in his absence, the vice-president and fellows of the King and Queen's college of physicians, shall, for ever hereafter, be convened by the said president, or in his absence by the vice-president, at such hour and place as shall be appointed by said president or vice-president, and shall elect, by ballot, out of themselves, three persons, and the said three persons so elected, together with the provost of Trinity College, Dublin, or in his absence, the vice-provost, and the professor of physic in the said university, all for the time being, shall be the electors into the King's professorship or professorships at that time vacant, and in like manner, for ever hereafter, three persons shall be elected as aforesaid, from time to time, who with the said provost, or in his absence the said vice-provost, and the professor of physic in the said university of Dublin, shall for ever after be electors of the said King's professors, and if there shall be an equality of voices among the said electors, the senior doctor of physic, if in case of the absence of any one of such electors, among the said three persons so elected as aforesaid, shall have the casting voice; which said King's professors shall be elected after such previous examination as the said electors or the majority of them shall require.

How long electors shall continue in office.                                                                                [XVI,(a )] And be it enacted, That the said electors so chosen by ballot as aforesaid, shall continue in their office till the day next preceding the day of the next election of the next King's professor whose office shall become vacant, and no longer, and that on every vacancy such election shall be made by ballot as aforesaid; and that in case any one or more of the said three electors shall die, resign his fellowship, or be removed from the college of physicians, or shall cease to reside in the city of Dublin, between the election into one professorship and the vacancy of another, the president, or in his absence, the vice-president and fellows of the King and Queen's college of physicians, shall elect by ballot one other member of the said college of physicians, to fill the place of the elector whose place has so become vacant, which elector shall continue till the day next preceding the election of the next King's professor.

Electors shall not be professors.                                                                                [XVII.(a )] And be it enacted by the authority aforesaid, That no elector of the said King's professors shall be eligible into any of the King's professorships,
University professors to be elected in the usual manner.                                                                                XVIII. And be it enacted by the authority aforesaid, That the university professors shall be elected in the usual and accustomed manner, by the provost, or in his absence, by the vice-provost and senior fellows of Trinity College, Dublin.

3 months notice of election of King's or university professors, in Dublin and London Gazettes, as herein,                                     XIX. And be it enacted by the authority aforesaid, That previous to every election either of the King's professors or of the said university professors, unless when it shall be thought proper to continue the same professors, three months notice shall be given in the Dublin and London Gazettes, which notice shall be signed by the register of the said college of Dublin, and also by the register of the said college of physicians, which notice shall set forth the professorship or professorships that shall at that time be vacant, or are expected to be vacant, the emoluments and advantages attending such professorship or professorships, the time and place of the intended election or elections, and desiring that all persons intending to offer themselves as candidates should send in their names, the places of their education, the universities in which they have taken their medical degrees, and the places where they have practised, to the said registers, and that the said register of the college of physicians shall lay the same before the said president, or in his absence, the vice-president and fellows of the said college of physicians, and the register of the college of Dublin shall lay the same before the provost, or in his absence, the vice-provost and senior fellows of the said college of Dublin, to the end that opportunity may be given to enquire into the merits of every candidate.

Names and additions of candidates, as herein directed, to be laid before the Colleges by their respective registers.

Professorships on Sir Patrick Dunn's foundation, open to all christians.                                                                      [XX.] And be it enacted by the authority aforesaid, That the said professorships of the institutes of medicine, of the practice of medicine, of the materia medica and pharmacy, and of midwifry, on the foundation of Sir Patrick Dunn, shall be open to persons of all nations professing their faith in Christ; and the said professorships of the university of Dublin to protestants of all nations, provided they shall have taken medical degrees, or shall have obtained a license to practise from the said college of physicians, in consequence of a testimonium under the seal of Trinity College, Dublin.

Professorships of university open to all protestants who have taken their degrees.

Oath to be taken by electors before elections.                                                                                XXI. And be it enacted by the authority aforesaid, That immediately before every election, unless in cases where the same professors shall be continued, the several electors, as well of the King's professors, in case of an election of one of the said professors, as also the electors of the university professors, in case of the election of any of the said university professors, shall take the following oath, or if a quaker affirm the same:
Addition in case of electors of King's professors.
I A. B. do swear that I will to the best of my judgment and opinion, and without favour, partiality, or prejudice, vote for such candidate for the vacant professorships, as shall appear to me to be the best qualified for the same.

So help me God.
And in case of the electors of any of the King's professors, these words shall be added, “save only such preference as has been directed to be given by “sir Patrick Dunn, deceased;” which oath the provost, or in his absence the vice-provost of Trinity College, Dublin, shall administer to the electors of the said King's professors, and the president, or in his absence the vice-president of the King and Queen's college of physicians, shall administer to the electors of the university professors; which said oaths the said provost, vice-provost, president, and vice-president, are hereby respectively empowered and required to administer.

Oath to be taken by a professor, immediately after election.                                                                                XXII. And be it enacted by the authority aforesaid, That immediately after every professor shall be declared duly elected, he shall take the following oath, or if a quaker, affirm the same:
I A. B. do swear, that I will diligently, and to the best of my skill and judgment, perform the several duties of the professorship to which I have this day been elected.

So help me God.
Which oath or affirmation the president, or in his absence, the vice-president of the King and Queen's college of physicians in Dublin, in the case of the King's professors, and the provost, or in his absence the vice-provost of Trinity College, Dublin, in the case of the university professors, are hereby respectively empowered and required to administer.

Duration of professorships.                                                                                XXIII. And be it enacted by the authority aforesaid, That every professorship mentioned in this act, shall become vacant at the end of every seventh year from the date of the election; provided always, that it shall and may be lawful to and for the present professors in chemistry and botany, in Trinity College, Dublin, to hold the said university professorships during their respective good behaviour, being the tenure of their present professorships.

Professors may be continued. 3 months notice being given in Dublin and London gazettes, and directions entered in College books.              XXIV. Provided further, and be it enacted by the authority aforesaid, That it shall and may be lawful to and for the said president and fellows of the college of physicians, with respect to the King's professors, and to and for the provost, or in his absence, the vice-provost and senior fellows of Trinity College, with respect to the university professors, if they shall respectively judge it fit so to do, to direct that the said professors, or any of them, shall continue to hold their professorship or professorships for another term of seven years after the expiration of the term for which he or they were elected; provided always, that the said president and fellows of the college of physicians, and the said provost, or in his absence, the vice-provost and senior fellows of Trinity college, do respectively give three months notice, previous to the time at which the election to such professorships would otherwise have been held, in the Dublin and London gazettes, of such their direction, which notices shall be signed by the registers of the said colleges, respectively, and shall set forth the name or names of the professor or professors so directed to be continued, and shall specify the professorship or professorships in which they are so to be continued, and such direction being duly entered in the books of the said colleges respectively, and the said notices being duly published, as aforesaid, it shall be lawful to and for the professor or professors named in such direction and notice, to continue to hold the professorship or professorships specified therein, for a further term of seven years, from the expiration of the term for which he or they was or were respectively elected, without any other nomination or election.

Professors may be candidates.                                                                                XXV. Provided further, and be it enacted by the authority aforesaid, That at the expiration of every seventh year, every professor whose professorship shall then become vacant, may become a candidate for the same, or any other of the said professorships, and shall be capable of being elected thereto.

President and fellows may make rules and orders, which shall be communicated to Trinity College.                                              XXVI. And be it enacted by the authority aforesaid, That the said president and fellows of the said King and Queen's college of physicians shall have power, from time to time, to make rules and orders to regulate the conduct of the King's professors, which rules and orders the register of the said college of physicians shall communicate to the register of Trinity college, Dublin, to be by him laid before the provost and senior fellows of the said college, and the said provost and senior fellows, or a majority of them, together with the said provost, shall have power from time to time, to make rules and orders to regulate the conduct of the said university professors, which rules and orders the register of Trinity college, Dublin, shall communicate to the register of the said college of physicians, to be by him laid before the last mentioned college; provided always, that the said rules and orders shall not be inconsistent with any of the clauses or directions contained in this act of parliament.

Provost and senior fellows may make rules for university professors, which shall be communicated to college of physicians.

What shall be done when one College disapproves of the rules and orders of the other.                                                         XXVII. And be it enacted by the authority aforesaid, That in case the president, or in his absence, the vice-president and college of physicians, shall, at any time, disapprove of any of the said rules and orders made, as aforesaid, by the provost and senior fellows, and redress shall not be given in ten days after complaint thereof made to the said provost, or in his absence, the vice-provost and senior fellows, that in every such case the said president or vice-president and college of physicians, may prefer their complaint to the visitors of Trinity College, Dublin, who shall summarily hear the matter or complaint, and grant redress, in case the same shall appear to them to be well founded, and if otherwise shall dismiss the same; and in case the said provost, or in his absence, the vice-provost and senior fellows, shall, at any time disapprove of any of the said rules and orders so made, as aforesaid, by the president and college of physicians, and redress shall not be given in ten days after complaint thereof made to the said president, or in his absence, the vice president and college of physicians, that in every such case, the provost, or in his absence, the vice-provost, and senior fellows, may prefer their complaint to the visitors of the said college of physicians, or to any two of them, who shall summarily hear the matter of the said complaint, and grant redress, in case the same shall appear to them to be well founded, and if otherwise shall dismiss the same, and the said visitors, respectively, on the hearing of every such appeal, shall have power to examine the witnesses upon oath, whenever they shall find it necessary so to do.

Professors may be admonished for neglect, and in case of obstinate neglect may be displaced.                                                  XXVIII. And be it enacted by the authority aforesaid, That if any professor shall wilfully neglect to perform the duty of his professorship, it shall and may be lawful to and for the electors of the King's professors, in case of the said professors, and to and for the provost or in his absence, the vice-provost and senior fellows of Trinity College, Dublin, in case of the university professors, to admonish the said professors, and in case of obstinate neglect of duty after such admonition, to deprive the said professor of his professorship.

Professors may appeal.                                                                                XXIX. Provided always, and be it enacted by the authority aforesaid, That it shall and may be lawful to and for any professor so ordered, as aforesaid, to be admonished or deprived, to appeal in the case of any of the King's professors, to the visitors of the said college of physicians, or any two of them, and in the case of any of the university professors, to the visitors of Trinity College, Dublin, as the case may happen, which said appeal shall be lodged in one week after the said order for admonishing or depriving, and it shall and may be lawful for the said visitors, respectively, to affirm or reverse the said order, and in hearing such appeals, to examine witnesses upon oath, which oath the said visitors, respectively, are hereby empowered to administer.

When one college is dissatisfied with the conduct of the professors of the other, complaint may be laid before visitors.                      XXX. And be it enacted by the authority aforesaid, That if the provost, or in his absence, the vice provost and senior fellows, shall, at any time, be dissatisfied with the conduct of any of the said King's professors, or if the said president, or in his absence, the vice-president and fellows of the said college of physicians, shall, at any time, be dissatisfied with the conduct of any of the said university professors, and after complaint made by the provost, or in his absence, the vice-provost, and senior fellows to the president, or in his absence, the vice-president and fellows of the said college of physicians, or by them to the said provost, or in his absence, to the vice-provost, and senior fellows, redress shall not be given in ten days after such complaint shall have been preferred, the same may be laid by the provost, or in his absence, the vice-provost and senior fellows, before the visitors of the said college of physicians, or any two of them, and by the said president, or in his absence, the vice-president and fellows of said college of physicians, before the visitors of Trinity College, Dublin, which said visitors, respectively, shall summarily hear the matter of the said complaint, and grant redress in case the same shall appear to be well founded, and if otherwise shall dismiss the same; and it shall and may be lawful to and for the said visitors, respectively, to examine witnesses upon oath whenever they shall find it necessary so to do, which oaths the said visitors are hereby empowered to administer.

Commencement and continuance of lectures.                                                                                [XXXI.] And be it enacted by the authority aforesaid, That the lectures of each professor (those on botany excepted) shall commence on the first Monday in November, and continue until the end of April, and shall be given four days in the week at least; and that the lectures on botany shall commence on the second Monday in May, and continue until the end of July in every year, and shall be given four days in the week at the least; provided always, That it shall and may be lawful to and for the president and fellows of the college of physicians, with respect to the lectures of the King's professors, and to and for the provost, or in his absence, the vice-provost and senior fellows of Trinity college, for those of the university professors, to appoint such reasonable vacations from lecturing, during those periods, as they shall respectively judge expedient; provided always, that it shall and may be lawful to and for the provost, or in his absence, the vice-provost and senior fellows of Trinity College, Dublin, to direct that the said lectures on botany shall commence at, and continue to any other time, as they from time to time shall think proper.

Reasonable vacations from lecturing may be appointed.
Botanic Lectures.
Lectures in English.                                                                                XXXII. And be it enacted by the authority aforesaid, That the said several lectures by the King's professors, and the clinical lectures, shall be given in the English language, unless specially ordered by the president and fellows of the said college of physicians, in respect to any of the King's professors, or by the provost and senior fellows of Trinity College, in respect to the university professors, in a room or rooms provided for that purpose, in the hospital to be erected for clinical lectures; and until such hospital be erected, the provost of Trinity College shall be, and he is hereby empowered to grant a room or rooms where such lectures may be given, and that said rooms shall be at all times under his inspection and controul, in like manner, under the same restrictions and regulations which are established with respect to all other rooms in said college.

Rooms may be given in the university, for clinical lectures, under controul of provost.

Fees to be paid professors by persons attending lectures.                                                                                XXXIII. And be it enacted by the authority aforesaid, That it shall and may be lawful to and for the said several professors to charge reasonable fees, to be paid by all such persons as attend the respective lectures, except the clinical lectures, the fees for which have been already provided for, the said fees to be paid on admission, and to be from time to time regulated, in respect to sir Patrick Dunn's professors, by the president and college of physicians, and in respect to the said university professors, by the provost and senior fellows of Trinity College, Dublin.

Matriculation of students in physic.                                                                                XXXIV. And be it enacted by the authority aforesaid, That the several students in physic shall be matriculated in the said university, by having their names entered in a book to be kept for that purpose, for which entry each student shall pay the sum of five shillings, and no more, but no such student, unless he shall think proper so to do, shall be obliged to have a tutor, or to answer the examinations, or to attend to any of the academical duties of the said university; and that the said several lecturers shall, during each medical session, when they shall have delivered one half of their several courses of lectures, return to the senior lecturer of Trinity College, for the time being, a list containing the names of such pupils as shall have attended them during such part of said course of their respective lectures.

Clinical lectures may be given in any hospital in Dublin, where governors will allow them without expence.                                    XXXV. And be it enacted by the authority aforesaid, That until an hospital can be provided for giving the said clinical lectures, the president, or in his absence, the vice-president and fellows of the said college of physicians, are hereby authorized to appoint the said clinical lectures to be given in such hospital or hospitals in the city of Dublin, whose governors will allow such lectures to be given therein without expence to the estate of Sir Patrick Dunn, as shall be found most convenient for that purpose.

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Not to defeat the powers of guardians named in said act.                                                                                XXXVII. Provided always, and be it enacted by the authority aforesaid, That nothing herein contained shall extend, or be construed to extend, to defeat or impeach, in any respect, the powers and authorities vested by the said recited act in the several guardians by the said act(a ) named.

King and Queen's college of physicians incorporated by King William and Queen Mary:                                                           XXXVIII. And whereas the late King William and Queen Mary, by their charter, dated at Dublin on the fifteenth day of December, in the fourth year of their reign, did incorporate the said president and fellows of the college of physicians, by the name of the president and fellows of the King and Queen's college of physicians in Ireland, and did thereby appoint sundry rules and regulations, and vest several powers in the said president and fellows, for the due regulation and government of the said college, and did thereby appoint the lord chancellor, or lord keeper of the great seal, the lord chief justice of the King's bench, the lord chief justice of the common pleas, and the lord chief baron of the court of exchequer, all of Ireland, for the time being, to be for ever thereafter the visitors of the said college and corporation; and doubts have arisen how far the said appointment of the said persons as visitors of the said college is valid in law, and it would tend much to preserve the peace and good order of the said college, and to promote the good purposes intended by this act, if visitors of the said college were duly appointed; be it enacted by the authority aforesaid, That the right honourable John earl of Clare, lord high chancellor of Ireland, the right honourable Arthur lord Kilwarden, lord chief justice of the court of King's bench in Ireland, the right honourable Hugh lord viscount Carleton, lord chief justice of the common pleas in Ireland, and the right honourable Barry lord Yelverton, lord chief baron of the court of exchequer in Ireland, shall be, and they are hereby constituted the present visitors of the said college or corporation; and that the lord chancellor or lord keeper of the great seal of Ireland, the lord chief justice of the King's bench, the lord chief justice of the common pleas, and the lord chief baron of the exchequer of Ireland, for the time being, shall be, from time to time, and for ever hereafter, the visitors of the said college and corporation.

Lord chancellor and chief judges shall be visitors of said college of physicians.

Powers and authorities of said visitors.                                                                                XXXIX. And be it enacted by the authority aforesaid, That the said visitors, or any two of them, shall have full power and authority to receive and entertain, hear, examine, and finally determine any matter or cause relating to the internal conduct, management, regulation, and due government of the said college or corporation, or to the exercise of the powers and authorities vested in the said president and fellows of the said college by the present act; and all disputes and differences which may arise between the members of the said college, or between the said college and the said King's professors hereby appointed, or between the said professors themselves, relative to the concerns of the said college, or the duties of their said professorships, or the disposition and expenditure of the surplus of the said Sir Patrick Dunn's estate, which may be brought by way of appeal before any two or more of them, and to appoint certain days, times and places for the hearing and adjudging thereof, and to summon, hear, and examine upon oath, or otherwise, all and every the president and fellows and other members of the said college, and the said professors, touching the matter of the said appeal, to the end that a just and clear judgment and determination may be had therein; and finally, that the said visitors shall have, use, and exercise all and every such power and authority, with respect to the said college and corporation, as the visitors of any other college or private corporation are by law entitled to use and have.

Annual accounts to be laid before visitors, or persons appointed by them, which shall be lodged with the register, and entered on the books.  XL. And be it further enacted by the authority aforesaid, That the said president and fellows of the said college of physicians shall once in every year, render a true, just, and full account of the receipts and expenditures of the issues and profits of the estates, real and personal, of the said Sir Patrick Dunn, and of the application of the appropriated and unappropriated surplus thereof, before the said visitors, or some two of them, or such person or persons as shall be for that purpose appointed by the said visitors or any two of them, by writing signed by them, or any two of them, which writing shall be lodged with the register of the said college, and an entry or copy thereof made on the books of the college, and the said account shall be rendered to the said visitors, or the persons so to be appointed by them, on the eighteenth day of October in every year; and if the said eighteenth day of October shall fall upon a Sunday, then on the next following day; and after the said account has been duly examined, rectified, and settled by the said visitors, or any two of them, or by the person or persons so appointed as aforesaid, it shall be signed and allowed by the said visitors, or any two of them, and entered or copied into the books of the said college.

Declaration of professors, &c. relative to surplus of Sir Patrick Dunn's estates:                                                             XLI. And whereas differences of opinion have arisen in the college of physicians, respecting the application of the surplus funds of Sir Patrick Dunn, after payment of the King's professors: And whereas the college of physicians have, in the bill annexed to their petition presented to parliament, with the consent and at the desire of the King's professors, fellows of said college, and of Doctor Hill, professor of botany in the university, declared it as their opinion, “That no person or persons whatsoever, members of the said college of physicians, shall have or give any vote or direction relative to the disposition and expenditure of the unappropriated surplus of the issues and profits of the estates of the said Sir Patrick Dunn, so long as such person or persons shall be entitled to receive any salary or emolument from any portion of the revenues of the said estates of the said Sir Patrick Dunn:” And whereas it would tend to the settlement of said college, and to the just and speedy execution of the powers vested in the president and fellows thereof, and to the just and speedy execution of the powers vested in them by this act, that all the professors, whether university or King's professors, who are fellows of said college, should forthwith be amoved from their fellowships in manner hereafter mentioned, and that doctor Percival, professor of chymistry, in the university, and president of the college of physicians, has declared his desire to be forthwith amoved from his fellowship and presidency; be it therefore enacted, That such of the fellows of the said college of physicians as are now professors in the school of physic, whether King's or university professors, shall, from and after the passing of this act, cease to be fellows of the said college, and shall, by authority thereof, be removed from their said fellowships respectively; [Rep., Stat. Law Rev. (I.) Act, 1879.] [and that every fellow of the said college who shall hereafter accept any of the said professorships, or the said office of librarian, shall, by such acceptance, immediately vacate his fellowship in the said college of physicians; provided always, that every such person may be re-elected a fellow of the said college whenever he shall cease to be a professor; and provided also, that it shall and may be lawful to and for the president and fellows of the said college to elect any such professor, whilst he shall continue to hold his professorship, an honorary fellow of the said college, but no such honorary fellow shall be allowed to attend any meeting of the said college, or vote therein, unless when specially summoned by the president, or in his absence by the vice-president of the said college of physicians, to consult or vote only on matters which concern the regulating of the practice of medicine in this city or kingdom, and then votes shall be received in such cases, and none other.]

Professors who are fellows of said college should be amoved:
Such fellows of said college as are professors shall be removed, and may be re-elected when they cease to be professors.

Professors may be elected honorary fellows.
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Roman catholics may be fellows, on taking the oath prescribed by 18 and 14 G. 3.                                                              XLIV. And be it further enacted, That any person professing the popish or Roman catholick religion, who, from and after the passing this act, shall be elected a fellow of the said college of physicians, shall be admitted to such fellowship, and to the full enjoyment and exercise of all rights belonging to such fellowship; provided that every such person shall take and subscribe the oath appointed by an act passed in the thirteenth and fourteenth years of the reign of his present Majesty, entitled, An act to enable his Majesty's subjects, of whatever persuasion, to testify their allegiance to him; which oath, and none other, the president, or in his absence the vice-president of the said college, is hereby empowered and required to administer; and immediately upon such person taking such oath, after he shall have been so elected, he shall be admitted a fellow of the said college. [Rep., Stat. Law Rev. (I.) Act, 1879.]

President and fellows may examine all graduates, and may reject unfit persons.                                                                XLV. And whereas by the said charter, so granted by the late King William and Queen Mary to the said college of physicians, it is provided, that all graduates in physic of the university of Dublin, having performed their full acts, shall, from time to time, upon their application, be immediately admitted into the college of physicians, in Dublin, without further examination, he and they paying the usual fees; and whereas it is reasonable that the said president and fellows should, in all cases, judge and determine upon the abilities and knowledge of those persons who are to be admitted members of the college; be it enacted by the authority aforesaid, That it shall and may be lawful to and for the said president and fellows of the said college of physicians, from henceforth, to examine all graduates in medicine, of the university of Dublin, though they should have performed their full acts, who shall apply for admission into the said college in the same manner as other persons are usually examined, and to reject such of them as shall decline to submit to such examination, or as shall upon examination appear to them unfit to be admitted.

Leases may be made for 31 years without fines; all others shall be void.                                                                      XLVI. And be it enacted, That the president or fellows of the said college shall be, and they are hereby empowered to make leases of the estate of the said Sir Patrick Dunn, for any term not exceeding thirty-one years in possession, at the best improved rent, without any fine, which can be had for the same, from solvent tenants; and all leases of the said estate, made from and after passing this act, against the said provisions, by the president and fellows of the said college, shall be, and they are hereby declared to be void.

A publick act.                                                                                XLVII. And be it further enacted by the authority aforesaid, That this act shall be a public act, and shall be deemed and taken notice of as such by all judges, justices, and others, in all courts and places, without specially pleading the same.

[(a) Sections 12, 15, 16, 17, and 31, and parts of sections 10, 11, 20, and 41 of this Act are repealed by 30 & 31 Vict. c. 9.]

[(a) The reference is erroneous. No Act with this title is found among the statutes of the session 21 Geo. 2. But an Act with this title is found among the Private Acts of the session of 15 Geo. 2. It is not numbered, but stands first on the roll of Private Acts of the year 1741.]

[(a) Rep. in part, 30 & 31 Vict. c. 9. s. 6.]
[(a) Rep. in part, 30 & 31 Vict. c. 9. s. 6.]
[(a) This section (12) is repealed by 30 & 31 Vict. c. 9. s. 7.]

[(a) Rep., 30 & 31 Vict. c. 9. s. 2.]
[(a) Rep., 30 & 31 Vict. c. 9. s. 2.]
[(a) Rep., 30 & 31 Vict. c. 9. s. 2.]
[(a) The Act intended to be referred to in this saving clause appears to be a Private Act of the session of 21 Geo. 2, intituled “An Act for enabling the governors and guardians of the hospital founded by Dr. Richard Stevens to grant a piece of ground in fee-farm to the governors of St. Patrick's Hospital, Dublin, for the site of that hospital.” This Act stands second on the Roll of Private Acts of 1747.]