Cambridge University Act 1856
This Act implemented some of the recommendations of the 1850 Royal Commission. It provided for the appointment of Commissioners to investigate the government of the university, and for the establishment of the Council of the Senate.
The 1854 Oxford University Act had done much the same for Oxford.
The printed version of this Act does not have the usual preliminary pages setting out the contents, so I have created them here. The page numbers in this section (i-ii) are therefore arbitrary.
In the printed version the sections are numbered using Roman numerals (I, II, III etc).
The text of the Cambridge University Act 1856 was prepared by Derek Gillard and uploaded on 13 August 2019.
Cambridge University Act 1856
© Crown copyright material is reproduced with the permission of the Controller of HMSO and the Queen's Printer for Scotland.
1 Appointment of Commissioners
Schedule - Form of Instrument for appointing proxy
An Act to make further Provision for the good Government and Extension of the University of Cambridge, of the Colleges therein, and of the College of King Henry the Sixth at Eton. [20th July 1856.]
WHEREAS it is expedient, for the Advancement of Religion and Learning, to enlarge the Powers of making and altering Statutes, Ordinances, and Regulations now possessed by the University of Cambridge and the Colleges thereof, and to make and enable to be made further Provision for the Government and for the Extension of the said University, and for the Abrogation of Oaths now taken therein, and otherwise for maintaining and improving the Discipline and Studies and the good Government of the said University of Cambridge and the Colleges thereof: Be it enacted by the Queen'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, as follows:
1 Appointment of Commissioners
The several Persons herein-after named, (that is to say,) the Right Reverend John Lord Bishop of Lichfield, the Right Reverend
John Lord Bishop of Chester, the Right Honourable Edward Henry Stanley commonly called Lord Stanley, the Right Honourable Matthew Talbot Baines, Vice-Chancellor Sir William Page Wood Knight, the Right Honourable Sir Laurence Peel Knight, the Very Reverend George Peacock Dean of Ely, and the Reverend Charles John Vaughan Doctor in Divinity, shall be Commissioners for the Purposes of this Act, and shall have a Common Seal, and Three of the said Commissioners shall be a Quorum, and the Commissioner appointed or acting as Chairman shall have a Second or Casting Vote when the Votes of the said Commissioners shall be equally divided.
2 Duration of Powers of Commissioners
The Powers hereby conferred on the Commissioners shall be in force until the First Day of January One thousand eight hundred and fifty-nine, and it shall be lawful for Her Majesty, if She shall think fit, by and with the Advice of Her Privy Council, to continue the same until the First Day of January One thousand eight hundred and sixty, and no longer.
3 Vacancy in Number of Commissioners
If any Vacancy occurs in the Number of such Commissioners, by means of Death, Resignation, or Incapacity to act, Her Majesty may fill up such Vacancy.
4 Commissioners empowered to require Production of Documents etc
In the Exercise of the Authorities hereby vested in the Commissioners they shall have Power to require from any Officer of the University of Cambridge or of any College therein the Production of any Documents or Accounts relating to such University or College, and any Information relating to the Revenues, Statutes, Usages, or Practice thereof respectively; and no Oath which may have been taken by any such Officer shall be a Bar to any Authorities of the Commissioners.
5 Constitution of the University; Establishment of Council of the Senate
Upon the Sixth Day of November One thousand eight hundred and fifty-six, all Powers, Privileges, and Functions now possessed or exercised by the Caput Senatus of the said University shall cease, and upon the Seventh Day of the said Month of November One thousand eight hundred and fifty-six there shall be elected in manner herein-after mentioned a Council, which shall be called the Council of the Senate, and which shall consider and prepare all Graces to be offered to the Senate, whether proceeding from individual Members of the Senate or from Syndicates, and no Grace shall be offered to the Senate without the Sanction of the major Part of those voting upon it in the Council.
6 Composition of Council
The Council of the Senate shall consist of the Chancellor, the Vice-Chancellor, Four Heads of Colleges, Four Professors of the
University, and Eight other Members of the Senate, such Eight Members to be chosen from the Electoral Roll herein-after mentioned, and such Heads of Colleges, Professors, and Members of the Senate to be elected by the Persons whose Names shall be on such Electoral Roll: Provided always, that there shall never be more than Two Members of the same College among such Eight elected Members.
7 Vice-Chancellor to promulgate Lists of Members of Senate
The Vice-Chancellor shall on or before Monday the Thirteenth Day of October One thousand eight hundred and fifty-six, and also on or before the Second Monday in October in every Year, cause to be promulgated, in such Way as may to him seem expedient for the Purpose of giving Publicity thereto, a List of the Members of the Senate, whom he shall ascertain to have resided within One Mile and a Half of Great Saint Mary's Church for Fourteen Weeks at the least between the First Day of the preceding Michaelmas Term and the First Day of the said Month of October; and such List, together with the following Persons, (that is to say,) all Officers of the University, being Members of the Senate, the Heads of Houses, the Professors, and the Public Examiners, shall be the Electoral Roll of the University for the Purposes of this Act.
8 Lists may be objected to and amended
The Vice-Chancellor shall at the same Time fix some convenient Time and Place, not more than Fourteen nor less than Seven Days from the Time of such Promulgation, for publicly hearing Objections to the said List, which any Member of the Senate may make on the Ground of any Person being improperly placed on or omitted from the said List; and if any such Objections shall appear to the Vice-Chancellor to be well founded, he shall correct the said List accordingly, and he shall thereupon sign and promulgate the said List, which shall thenceforth be the Electoral Roll for the Year thence next ensuing, and until a new Roll shall in like Manner have been promulgated.
9 As to vacating of Senate of Members of Council
Two of the Heads of Colleges, Two of the Professors, and Four of the other Members of the Council to be elected on the Seventh Day of November One thousand eight hundred and fifty-six, shall be elected to hold Office for Two Years only, and shall vacate their Seats at the End of Two Years, and the other Members of the Council to be then elected shall hold Office for Four Years, and shall vacate their Seats at the End of Four Years; and the Election of the Two Heads of Colleges, Two Professors, and Four other Members of the Council, who are to hold Office for Two Years only, shall be made separately from the Election of the other Heads of Colleges and Professors and other Members of the Council.
10 For Supply of periodical Vacancies in Council; Members vacating may be re-elected
The Places of the Members of the Council vacating their Seats shall be supplied by a new Election, to be made on the Seventh
of November, or in case the Seventh of November should be Sunday, on the Eighth of November in every other Year, in the same Manner as is herein-before prescribed as to the Election to take place on the Seventh Day of November One thousand eight hundred and fifty-six, save only that all Members of the Council to be then elected shall be elected to hold Office for Four Years; and all Members so vacating their Seats shall (if otherwise eligible) be capable of Re-election.
11 As to filling up of casual Vacancies
Any casual Vacancy occurring by Death, Resignation, or otherwise among the Members of the Council shall be filled by the Election of a qualified Person, according to the Directions of this Act, upon a Day not later than Twenty-one Days or sooner than Seven Days after such Occurrence, to be fixed by the Vice-Chancellor and publicly notified by him; but if such Vacancy shall occur during Vacation the Occurrence shall be deemed for the Purpose of such Notice to have taken place on the First Day of the ensuing Term; and the Person so elected shall be subject to the same Rules and Conditions as to the Tenure of Office, and in all other respects, as the Person to whose Place he succeeds would have been subject to if no such Vacancy had taken place.
12 Votes of Electors
In all Elections of Members of the Council every Elector may vote for any Number of Persons, being Heads of Colleges, Professors, or Members of the Senate as aforesaid respectively, not exceeding the Number of Heads of Colleges, Professors, or Members of the Senate respectively to be then chosen; and in case of an Equality of Votes for any Two or more of such Heads of Colleges, Professors, or Members of the Senate respectively, the Vice-Chancellor shall name from amongst those Persons for whom the Number of Votes shall be equal as many as shall be requisite to complete the Number of Heads of Colleges, Professors, or Members of the Senate to be then chosen.
13 Absence from Meetings for a certain Time to create a Vacancy
If any Member of the Council, other than the Chancellor or the Vice-Chancellor, shall have been absent from all the Meetings of the Council during the whole of One Term, his Seat shall at the Close of such Term become and shall be declared by the Vice-Chancellor to be vacant.
14 Member of Council becoming Vice-Chancellor not to vacate Seat
If any Member of the Council shall become Vice-Chancellor his Seat shall not thereby become vacant, nor shall the Seat of any Member of the Council become vacant by reason that after his Election he may have become or may have ceased to be a Professor or a Head of a College: Provided always, that if any of the Eight Members of the Senate chosen from the Electoral Roll as aforesaid
shall afterwards cease to be on the Electoral Roll, his Seat shall thereupon become and be declared to be vacant.
15 Professors eligible
No Professor shall be ineligible for the Council by reason of anything contained in the Statutes of his Foundation.
16 Vice-Chancellor to make Regulations respecting Council
The Vice-Chancellor shall, before the Tenth Day of October One thousand eight hundred and fifty-six, make and promulgate all such Regulations as to the voting for, Election, Resignation, and Return of Members of the Council, as may be necessary for the Election and assembling of the Council according to this Act, and for keeping the Number of such Council complete, and shall appoint the Time and Place at which they shall assemble; and if the Vice-Chancellor fails to comply with the Provisions of this Section, the Commissioners shall thereupon make such Regulations in respect of the Matters aforesaid as they may think fit.
17 Power to Council to make Rules for Regulation of its own Proceedings
Subject to the Provisions of this Act, and without Prejudice to the Rights of the Senate in the making of Statutes, Regulations, and Ordinances for the University of Cambridge, the Council shall have Power from Time to Time to make Rules for the Regulation of its own Proceedings, and to revise or alter the Regulations herein-before directed to be made by the Vice-Chancellor, or, in the Case of his failing to do so, by the Commissioners, and also to appoint Committees for the Purpose of examining all Questions referred to them by the said Council.
18 Date of Meeting
The Council shall meet for the Despatch of Business on the Eighth Day of November One thousand eight hundred and fifty-six.
19 Who shall be President of the Council
The President of the Council shall be the Chancellor, or in his Absence the Vice-Chancellor, or a Member of the Council appointed by the Vice-Chancellor to act as his Deputy, or if at any Council duly convened and assembled neither the Chancellor nor the Vice-Chancellor nor any Deputy so appointed shall be present, then some Member to be chosen by the Members of the Council then assembled,
20 Quorum of Council; Questions in the Council to be decided by the Majority
No Business shall be transacted in the Council unless Five Members at least be present; and all Questions in the Council shall be decided by the Majority of the Votes of the Members present, and the President shall have a Second or Casting Vote when the Votes are equally divided: Provided always, that in case of a Difference of Opinion between the Chancellor, or the Vice-Chancellor or his Deputy, and the Majority of the Members present at any Meeting
of the Council, the Question as to which such Difference may exist shall not he deemed to be carried by such Majority unless the same shall constitute a Majority of the whole Council, but in such Case the Question shall he adjourned to the next Meeting of the Council, and such adjourned Question shall be finally decided by the Majority of the Members of Council then present.
21 Council to Nominate to Offices
The Council shall nominate Two qualified Persons to the Senate, of whom the Senate shall choose One, in the Manner heretofore accustomed, to fill every vacant Office in the University to which the Heads of Colleges have heretofore nominated Two Persons to the Senate; provided always, that the Persons nominated as aforesaid to the Office of Vice-Chancellor shall be Heads of Colleges.
22 Certain Oaths deemed illegal, and not to be administered
Every Oath directly or indirectly binding the Juror -
Not to disclose any Matter or Thing relating to his College, although required so to do by lawful Authority;shall from the Time of the passing of' this Act be an illegal Oath in the said University and the Colleges thereof, ann no such Oath shall hereafter be administered or taken.
23 Power to Vice-Chancellor to license Members of the University to open their Residences for Reception of Students
Any Member of the University, of such Standing and Qualifications as may be provided by any Statute hereafter to be made, may obtain a Licence from the Vice-Chancellor to open his Residence, if situate within One Mile and a Half of Great Saint Mary's Church, for the Reception of Students, who shall be matriculated and admitted to all the Privileges of the University, without being of necessity entered as Members of' any College; but no such Licence as aforesaid shall be granted by the Vice-Chancellor until such Regulations as are herein-after mentioned have come into operation.
Every Person to whom such Licence is granted shall be called a Principal, and his Residence so opened as aforesaid shall be called a Hostel.
25 Power of University to make Statutes as to Hostels
The University, before the First Day of January One thousand eight hundred and fifty-eight, may proceed to frame Statutes -
For regulating the Terms and Conditions of granting Licences to Principals, and the Qualifications of such Principals:
For the Government of Hostels, the Discipline of the Students therein, and their Status in the event of the Death or Removal of any such Principal, or of the Withdrawal or Suspension of his Licence:But no such Statute shall be of any Force or Effect unless and until it shall have been approved in the Manner herein-after mentioned.
26 If University omit to frame Statutes etc, it shall be incumbent on Commissioners to do so
If the said University shall not, on or before the First Day of January One thousand eight hundred and fifty-eight, have framed, and submitted for the Approval of the Commissioners, such Statutes as may in the Opinion of the Commissioners be sufficient for carrying into effect the Objects of this Act with respect to the Establishment and Regulation of Hostels, the Commissioners shall forthwith proceed to frame Statutes in that Behalf.
27 Power to Colleges to frame Statutes for certain Purposes
In order to promote useful Learning and Religious Education in the Colleges and University, and the main Designs of the Founders and Donors so far as is consistent with these Purposes, it shall be lawful for the Governing Body of any College, or the major Part thereof, at any Time before the First Day of January One thousand eight hundred and fifty-eight, without Prejudice to any existing Interest of any Member of such College, and notwithstanding anything contained in the Statutes, Charters, Deeds of Composition, or other Instruments of Foundation or Endowment either of such College or of any Emolument therein, to make Statutes for the Purposes following; (that is to say,)
1. For repealing, altering, and amending the College Statutes, and for making fresh Provision respecting the Eligibility of Persons to the Headship or the Fellowships or other College Emoluments, respecting the Right and Mode of appointing, nominating, or electing to such Headship, Fellowships, and Emoluments, and respecting the Duration and Conditions of the Tenure of such Fellowships and Emoluments, so as to insure such Fellowships and Emoluments being conferred according to personal Merits and Fitness, and being retained for such Periods as are likely to conduce to the better Advancement of the Interests of Religion and Learning, and for the said Objects to modify or abolish any Right of Preference:
3. For re-distributing or apportioning the divisible Revenues of the College:But all Statutes so made by the Governing Body of such College, or the major Part thereof, shall be of no Force or Effect until they shall have been approved in the Manner herein-after mentioned: Provided that nothing herein contained with respect to the Right of nominating or appointing to the Headship of a College shall be deemed to apply to the Headship of Mary Magdalen College, unless the Consent by Deed of the Person or Persons entitled to such Right shall be first had and obtained.
28 Power to sever Benefices from Headships
And whereas it is expedient, where certain Benefices with or without Cure of Souls are annexed to the Headship of a College, or may at the Option of the Head for the Time being be held with his Headship, to enable the Colleges to put an end to such Annexation or Option: Be it enacted, That it shall be lawful for the Governing Body of any College or the major Part thereof, at any Time before the First Day of January One thousand eight hundred and fifty-eight, without Prejudice to any existing Interest of any Member thereof, and notwithstanding anything contained in any Act of Parliament or in any Deed or Instrument whatever, to make Statutes for putting an end to such Annexation or Option, and either for selling such Benefices or for adding them to the Number of those already in the Patronage of
the College, and for making adequate Compensation out of its Revenues to the Head of the College for the consequent Diminution of his Income: Provided always, that all such Statutes, and also all Statutes made by any College under the Powers of the Twenty-seventh Section of this Act, shall be laid before the Commissioners, who shall have Power, by Writing under their Common Seal, to approve of or reject the same, and to remit the same from Time to Time for further Consideration or Revision, with Amendments or Alterations therein.
29 When Colleges omit to make Statutes Commissioners may frame them
If the Powers granted in the Twenty-seventh Section shall not be exercised by any College, or shall not be exercised to such Extent as the Commissioners may deem expedient, and no Statute for effecting the Objects of such Powers, or no Statute which the Commissioners may deem sufficient for that Purpose, shall be submitted by the Governing Body of such College, or the major Part thereof, to the Commissioners, and approved of by them, before the First Day of January One thousand eight hundred and fifty-eight, it shall be lawful for the Commissioners to frame such Statutes or such further Statutes as shall appear to them to be expedient for the Purpose of effecting or promoting the Objects which the College is herein-before empowered to effect or promote; and all such Statutes, if sanctioned and confirmed as herein-after required, shall take effect as Statutes of such College, notwithstanding anything contained in the Statutes, Charters, Deeds of Composition, or other Instruments of Foundation or Endowment thereof: Provided always, that all such Statutes, when properly settled by the Commissioners, shall be laid before the College to which the same relate, and the Visitor thereof, Two Calendar Months at least before the same are submitted to Her Majesty in Council, as herein-after directed; and if within the next Two Calendar Months, or where the Statutes shall have been laid before the College and Visitor in Vacation then within Two Months after the First Day of the following Term, Two Thirds of the Governing Body of the said College shall by Writing under their Hands declare that in their Opinion any One or more of such Statutes will be prejudicial to the said College as a Place of Learning and Education, then such Statute or Statutes shall not take effect, but it shall be lawful for the Commissioners to frame and submit another Statute or other Statutes for the like Purpose to the said College, and so on as often as Occasion shall require.
30 University may frame new Statutes
The Council of the Senate may prepare or cause to be prepared new Statutes, -
1. For repealing, altering, or adding to any of the existing Royal Statutes of the University:
2. Or, in order to promote useful Learning and Religious Education, and the main Designs of the Founders and Donors so far as is consistent with these Purposes, for altering or modifying the Trusts, Statutes, or Directions affecting any Gift or Endowment held or enjoyed by the University, or by any Professor, Lecturer, Reader, Preacher, or Scholar therein, or the Endowment of Lady Sadler for Lecturers in the several Colleges, or the Endowment of the Offices of Christian Preacher and Christian Advocate, or the Endowment of William Worts for Bachelors of Arts:And all such Statutes shall be submitted to the Senate by way of Grace for their Adoption or Rejection; but no such Statute shall be of any Force or Effect until it shall have been assented to by the Commissioners under their Seal, and shall have been approved by Her Majesty by an Order in Council, as herein-after mentioned; but no Statute framed by the Council for altering or modifying the Trusts, Statutes, or Directions affecting the Endowments held by the Regius Professors of Greek, Hebrew, or Divinity, and which affect or alter any Statute of Trinity College touching such Professors or their Endowments, shall be submitted to the Senate until it shall have received the Assent of the said College under its Common Seal.
31 Commissioners may frame new University Statutes
If no new Statute for any of the Purposes in the next preceding Section of this Act mentioned shall be submitted to the Commissioners for their Assent as aforesaid, or if any such new Statute for such Purpose shall not be approved by the Commissioners, and shall not be assented to by them, the Commissioners, after the First Day of January One thousand eight hundred and fifty-eight, may frame Statutes for such Purpose, and such Statutes shall be laid before Her Majesty in Council in the Manner herein-after directed: Provided always, that any such Statutes framed by the Commissioners shall be laid before the Council of the Senate Two Calendar Months before the same are submitted to Her Majesty in Council as herein-after directed; and if within the next Two Calendar Months, or if such Statutes shall be laid before the Council in Vacation, then within Two Calendar Months from the First Day of the following Term, Two Thirds of the whole Council shall, by Writing under their Hands and Seals, declare that in their Opinion any One or more of such Statutes will be prejudicial to the University as a Place of Learning and Education, then such Statute or Statutes shall not take effect, but it shall be lawful for the Commissioners to frame and submit another Statute or other Statutes for the like Purpose, and so on as often as Occasion shall require.
32 Votes may be given by Proxy
The University may provide by Statute that Members of the Senate may vote at any Election of a Chancellor or High Steward of the University by Proxy, such Proxy being a Member of the Senate authorized by an Instrument in Writing signed by the Member nominating such Proxy; but no Member shall be entitled to vote as a Proxy unless the Instrument appointing him has been transmitted to the Vice-Chancellor not less than Forty-eight Hours before the Time appointed for holding such Election of a Chancellor or High Steward, as the Case may be; and such Instrument may be in the Form contained in the Schedule to this Act annexed.
33 Right of Preference belonging to Schools not to be abolished in certain Cases if Governors of Schools or Charity Commissioners dissent therefrom
If in the Execution of the Powers of this Act it shall be proposed by the Governing Body of any College, or the major Part thereof, or by the Commissioners, to make any Statute for the Abolition of any Right of Preference in Elections to any Emolument within any College, now lawfully belonging to any School or other Place of Education beyond the Precincts of the University, individually named or designated in any Statute, Deed of Composition, or other Instrument of Foundation or Endowment, and which Right has been exercised or enjoyed by such School or Place of Education on the Occurrence of any One of the Three Occasions next before the passing hereof on which such Right might have been exercised or enjoyed, or for the Conversion of any Fellowship or Scholarship attached to such School or other Place of Education into One or more Scholarships or Exhibitions, either partly so attached and partly open, or altogether open, where any Appointment or Election to any such Fellowship or Scholarship of a Person educated in such School or Place has taken place on the Occurrence of any One of the Three Vacancies of such Fellowship or Scholarship next before the passing of this Act, Notice thereof shall be given in Writing to the Governing Body of every such School or Place of Education, and also to the Commissioners appointed under "The Charitable Trusts Act 1853," at least Two Calendar Months before any final Resolution for that Purpose shall be adopted by such College or by the Commissioners; and in Cases where it is proposed by such Statute to abolish any Right of Preference in Elections to any Emolument other than a Fellowship, or to convert any Fellowship or Scholarship attached to any School or other Place of Education into One or more Scholarships or Exhibitions, either partly so attached and partly open, or altogether open, no such Statute shall be made if within Two Calendar Months after receiving such Notice Two Thirds of the said Governing Body, or if there shall be several Schools interested in such Right of Preference then Two Thirds of the aggregate Body composed of the several Governing Bodies of such Schools,
or the said Commissioners appointed under "The Charitable Trusts Act 1853," shall by Writing under their Hands and Seals declare their Opinion that such Statute would be prejudicial to such School or Place of Education as a Place of Learning and Education: Provided always, that every such Right of Preference, when retained, shall be subject to all such Statutes as may be made by the Governing Body of any College, or by the Commissioners, under the Powers given by this Act, for the Purpose of making such Emolument more conducive to the mutual Benefit of such College and such School or Place of Education as aforesaid, or of throwing the same open to general or extended Competition upon any Vacancy for which no Candidate or Claimant of sufficient Merit may offer himself from any School or Place of Education so entitled as aforesaid; provided also, that where the Governing Body of any such School as aforesaid shall be a Corporate Body the Governing Body of the Corporation shall be deemed the Governing Body of the School; and when any Right of Preference shall belong to any School contingently only upon the Failure of fit Objects from some other School or Schools entitled to and in the Enjoyment of a prior Right of Preference, then and in such Case the Power of Dissent hereby given shall only belong to the Governing Body or Governing Bodies of the School or Schools entitled to and in the Enjoyment of the First Right of Preference; and if in any College where Fellowships are tenable by Undergraduates either the College or the Commissioners acting in respect thereof shall divide its Fellowships into Elder and Younger, the Elder only shall be taken to be Fellowships within the Meaning of this Section.
34 Notice served on the Principal of any School to be sufficient Notice to the Governing Body
Where any such Notice in Writing as aforesaid is required to be given to the Governing Body of any School or Place of Education, such Notice, if served on the Master or Principal of any such School or Place of Education, shall be deemed and taken to be a sufficient Notice to the Governing Body of the same School or Place of Education for all the Purposes of this Act.
35 Statutes objected to by Governing Body of College etc to be laid before Parliament
All Statutes framed by the Commissioners, and objected to by Two Thirds of the Governing Body or Bodies of the College, School or Schools, to which the same respectively relate, or by the said Commissioners appointed under the Charitable Trusts Act 1853, shall, in all Cases where new Statutes shall not have been substituted under the Provisions of this Act for such as shall have been so objected to, be embodied in a Report to be transmitted forthwith to One of Her Majesty's Principal Secretaries of State, and laid before the Two Houses of Parliament.
36 Statutes as to Scholarships in Trinity College appropriated to Scholars of Westminster School
And whereas by the Statutes of Trinity College and the Laws and Practice of Westminster School certain Scholarships in the said College have been annually appropriated to Scholars of the said School elected therefrom: Be it enacted, That the Governing Body of the said College, or the major Part thereof, with the Sanction of the Dean and Chapter of Westminster, signified by Writing under their Common Seal, may, make and lay before the Commissioners any Statutes which to such College may seem fit for abolishing the said Preference of the said School, and for converting the said Scholarships into open Scholarships, and for enabling the said College to receive annually from the said School any Number of Exhibitioners not exceeding Three in any One Year, and may charge the Revenues of the said College with an annual Sum of Forty Pounds for each of such Exhibitioners, for or towards his Maintenance, from the Time of his commencing his Residence in the said College and during such Residence until by the Statutes of the University he shall be qualified to apply for the Degree of Bachelor of Arts, and the said Dean and Chapter may frame Statutes, with the Consent of Trinity College and of Christ Church College, Oxford, as to the Studies to be prosecuted in the said School, and the Mode of electing the Head Master and Under Master thereof, and may frame Statutes, with the Consent of Trinity College, as to the Persons by whom and the Mode in which the Election of such Exhibitioners shall be made, and generally as to the Conditions on which such Exhibitions shall be held and enjoyed; and the Commissioners shall have full Power, by Writing under their Common Seal, to approve of such Statutes: Provided always, that no such Exhibition shall be held for more than Three Years and a Quarter, and no such Exhibitioner shall by holding such Exhibition be disqualified from being elected a Scholar of the said College.
37 Statutes as to the Grindal Fellowship and Grindal Scholarships at Pembroke College
And whereas certain Scholarships at Pembroke College, called the Grindal Scholarships, have heretofore been appropriated to Scholars educated at the Free Grammar School of Saint Beghes or Saint Bees in the County of Cumberland, and a certain Fellowship at the said College, called the Grindal Fellowship, has heretofore been appropriated to Scholars educated at the said School, and subsequently elected to the said Scholarships, and the Fellow and Scholars holding such Fellowship and Scholarships respectively have been from Time to Time maintained by the said College out of the general Revenues thereof, pursuant to a Covenant entered into by the Master, Fellows, and Scholars of the said College with the Keepers or Wardens and Governors of the said School, and contained in a certain Indenture of Demise, bearing Date the First Day of June in the Fourth Year of the Reign of His late Majesty King James the First, and made
between the said Keeper and Governors of the one Part, and the said Master, Fellows, and Scholars of the other Part, by which Indenture, in consideration of the aforesaid Covenant on the Part of the said College, certain Lands situate at Croydon in the County of Surrey, called "Palmer's Fields," were demised by the Keepers or Wardens and Governors of the said School to the Master, Fellows, and Scholars of the said College, for the Term of One thousand Years from the Date of the said Indenture, at the yearly Rent of a Red Rose: Be it enacted, That it shall be lawful for the Governing Body of the said College or the major Part thereof, with the Consent of the Governing Body of the said School, to make and lay before the Commissioners Statutes for abolishing the aforesaid Preference of the said School, and for converting the said Grindal Fellowship and Grindal Scholarships partly into open Scholarships and partly into Exhibitions, and for that Purpose to charge the Revenues of the said College with the Payment to the said School of an annual Sum, to be applied in providing such Exhibitions for meritorious Scholars educated at the said School, and proceeding to any College in the University of Cambridge; and it shall be lawful for the Governing Body of the said School to convey the Reversion in Fee Simple expectant upon the Determination of the aforesaid Term of One thousand Years in the aforesaid Lands called "Palmer's Fields" to the said College, to be held by the said College as Part of the general Property thereof; and the Commissioners shall have full Power, by Writing under their Common Seal, to approve of such Statutes.
38 College of King Henry the Sixth at Eton to be subject to this Act with respect to Colleges
The College of King Henry the Sixth at Eton shall, for the Purposes of this Act, be subject to the Provisions herein contained with respect to Colleges, and shall have the same or the like Powers as are hereby given to the Colleges of the University, and be subject to the Authorities hereby conferred on the Commissioners for the Alteration and Amendment of Statutes, in like Manner as is hereby provided with respect to the Colleges of the University.
39 Statutes to be laid before the Queen in Council; Power to Colleges etc to petition Her Majesty against Approbation thereof etc
All Statutes which, under the Power herein contained, shall be made by the Governing Body of any College or the major Part thereof, and be approved of by the Commissioners, and all Statutes which shall be framed by the Commissioners, and not objected to in manner aforesaid, and every Statute passed by the University or framed by the Commissioners, under the Powers herein-before contained, for the Regulation of Hostels, or for altering or modifying the Trusts, Statutes, or Directions affecting any Gift or Endowment, or for repealing, altering, or adding to any of the existing Royal Statutes of the University, shall, as to Statutes made by the Commissioners,
and liable to be objected to in manner aforesaid, after the Expiration of the Period within which the same may be objected to, and as to all other Statutes without any unnecessary Delay, be laid before Her Majesty in Council, and be forthwith published in the London Gazette; and it shall be lawful for every College, and for the Visitor thereof, and for the Trustees, Governors, and Patron of any University or College Emolument, and for the University, and for any other Person directly affected by such new Statutes, within One Month after the Publication as aforesaid in the London Gazette, to petition Her Majesty in Council praying Her Majesty to withhold Her Approbation of the whole or of any Part thereof; and every such Petition shall be referred by Her Majesty by Order in Council for the Consideration and Advice of Five Members of Her Privy Council, of whom Two, not including the Lord President, shall be Members of the Judicial Committee, who shall be named in such Order, and such Five Members may, if they think fit, admit any Petitioner or Petitioners to be heard by Counsel in support of his or their Petition.
40 Statutes to be laid before Parliament
All Statutes which shall be so published in the London Gazette as aforesaid shall be at the same Time laid before both Houses of Parliament, if Parliament be sitting, or if not then within Three Weeks after the Commencement of the next ensuing Session of Parliament; and, unless an Address is within Forty Days presented by One or other of the said Houses, praying Her Majesty to withhold Her Consent from such Statutes or any Parts thereof, or unless the Approbation of Her Majesty shall be withheld on such Petition as aforesaid, it shall be lawful for Her Majesty, by Order in Council, to declare Her Approbation of such Statutes respectively, or any Parts thereof, to which such Address shall not relate, or of which She shall not withhold Her Approbation on such Petition, and the same shall thereupon become Statutes of the University of Cambridge, or of the College therein to which the same respectively relate; and if any such Statutes, or any Part thereof, shall not be so approved by Her Majesty, it shall be lawful for Her Majesty to signify Her Disapproval of such Statutes or such Part thereof by Order in Council, and then the Commissioners may thereupon proceed to frame other Statutes in that Behalf, subject to the same Conditions and Provisions as to the Approbation of Her Majesty in Council, and all other Conditions and Provisions, as are imposed by this Act in relation to the making of original Statutes by the Commissioners, and so on from Time to Time as often as Occasion shall require.
41 Statutes made by Queen Elizabeth in 1570 for Regulation of University repealed
After the First Day of January One thousand eight hundred and sixty, the Statutes made by Queen Elizabeth in the Year of our Lord One thousand five hundred and seventy for the Government and Regulation of the University, or such and so much of them or of any of them as shall be then unrepealed by any Statute made under the Authority of this Act, shall be repealed, but not so as to revive any Statute of the University thereby repealed.
42 Power to the Chancellor to settle Doubts as to Meaning of University Statutes
If any Doubt shall arise with respect to the true Intent and Meaning of any of the new Statutes of the University framed and approved as aforesaid, or of any Statute which may hereafter be approved in the Manner herein. after mentioned for amending or altering the same, the Council may apply to the Chancellor of the University for the Time being, and it shall be lawful for him to declare in Writing the Intent and Meaning of the Statute on the Matter submitted to him, and such Declaration shall be registered by the Registrary of the University, and the Intent and Meaning of the Statute as therein declared shall be deemed the true Intent and Meaning thereof.
43 Statutes to be subject to repeal etc
Every Statute made in pursuance of the Provisions of this Act by the University, or by any College, or by the Commissioners, and likewise all Provisions herein-before contained respecting the Election, Constitution, Powers, and Proceedings of the Council of the Senate, or respecting Hostels, shall be subject to Repeal, Amendment, and Alteration from Time to Time by the University or College, as the Case may be, with the Approval of Her Majesty in Council.
44 Persons becoming Members not to possess Vested Interests
No Person who after the passing of this Act shall become a Member of any College, or shall be elected or become eligible to any University or College Emolument, shall be deemed or taken to have acquired or to possess an existing Interest within the Meaning of this Act.
45 Not necessary to make Declaration or take an Oath on matriculating, nor on taking a Degree;
From the First Day of Michaelmas Term One thousand eight hundred and fifty-six, no Person shall be required, upon matriculating, or upon taking, or to enable him to take, any Degree in Arts, Law, Medicine, or Music, in the said University, to take any Oath or to make any Declaration or Subscription whatever; but such Degree shall not, until the Person obtaining the same shall, in such Manner as the University may from Time to Time prescribe, have subscribed a Declaration stating that he is bonâ-fide a Member of the Church of England, entitle him to be or to become a Member of the Senate, or constitute a Qualification for the holding of any Office, either in
the University or elsewhere, which has been heretofore always held by a Member of the United Church of England and Ireland, and for which such Degree has heretofore constituted One of the Qualifications.
46 nor on obtaining any Exhibition, Scholarship, or other College Emolument
From and after the First Day of Michaelmas Term One thousand eight hundred and fifty-six, it shall not be necessary for any Person, on obtaining any Exhibition, Scholarship, or other College Emolument available for the Assistance of an Undergraduate Student in his Academical Education, to make or subscribe any Declaration of his Religious Opinion or Belief, or to take any Oath, any Law or Statute to the contrary notwithstanding.
47 Stamp Duties on Matriculations etc abolished
The Stamp Duties now payable on Matriculations and Degrees shall be abolished so soon as Provision shall have been made by the University, to the Satisfaction of the Commissioners of Her Majesty's Treasury, in lieu of the Monies heretofore voted annually by Parliament.
48 Colleges, with consent of Church Estates Commissioners, may sell Estates etc
It shall be lawful for any College, with the Consent of the Church Estates Commissioners, to sell any Estate in Lands or Hereditaments vested in such College, or to exchange any Estate in Lands or Hereditaments for any other Lands or Hereditaments, or either of them, and upon any such Exchange to receive or pay any Money by way of Equality of Exchange; and all Monies which on any such Sale or Exchange shall be received by or become payable to or for the Benefit of such College shall be paid into the Bank of England, for the Benefit of such College, to such Account as the said Church Estates Commissioners shall appoint in that Behalf; and the Receipt of the said Church Estates Commissioners shall be an effectual Discharge to any Purchaser for any Money therein expressed to be received, and shall be Evidence of their Consent as aforesaid; and all Monies so paid into the Bank of England shall be applied in Payment for Equality of Exchange as aforesaid, or shall be laid out by such College, with such Consent as aforesaid, in the Purchase of the absolute Estate of Freehold in other Lands and Hereditaments, or either of them, to be conveyed to the Use or for the Benefit of such College; and such Lands and Hereditaments, and any Lands and Hereditaments received in Exchange by such College, shall be held by the College upon the like Trusts and for the like Purposes as the Lands and Hereditaments sold or given in Exchange by such College respectively; and the Monies from Time to Time remaining unapplied for the Purposes aforesaid shall be invested, by and in the Names of the said Church Estates Commissioners, in the Purchase of Government Stocks, Funds,
or Securities, which the said Church Estates Commissioners shall hold in trust for such College, and the said Church Estates Commissioners may sell and dispose of the same for the Purpose of effecting any such Purchase of Lands and Hereditaments, or either of them, as aforesaid, or of paying Money for Equality of Exchange as aforesaid, as Occasion may require; and in the meantime the Interest, Dividends, and annual Proceeds of such Monies, Stocks, Funds, and Securities shall be paid to such College, to be applied to the same Purposes as the annual Income was applicable which arose out of those Lands and Hereditaments from the Sale or Exchange of which the Money invested in such Stocks, Funds, and Securities was produced: Provided that nothing in this Section contained shall apply to any Estate of the College in reversion in Lands or Hereditaments expectant upon any Lease for Lives, or for a Term of Years determinable upon any Life or Lives, or for a Term of Years whereof more than Seven shall be unexpired, on which a Rent less than Three Fourths of the clear yearly Value of such Lands or Hereditaments shall have been reserved.
49 Powers of University to continue in force, except as altered by this Act
Except in so far as they are expressly altered or taken away by the Provisions of this Act, the Powers and Privileges of the University and its Officers, and of the Colleges and their Officers, shall continue in full Force.
50 Interpretation of Terms
In the Construction of this Act, the Expression "University or College Emolument" shall include all Headships, Downing Professorships, Fellowships, Bye-Fellowships, Scholarships, Exhibitions, Bible Clerkships, Sizarships, Subsizarships, and every other such Place of Emolument payable out of the Revenues of the University or of any College, or to be held and enjoyed by the Members of any College as such within the University; and the Word "Professor" shall be taken to include the Three Royal Professors of Hebrew, Greek, and Divinity, and Public Readers or Lecturers in the University, except the Barnaby Lecturers; and the Governing Body of any College shall mean the Head and all actual Fellows thereof, Bye-Fellows excepted, being Graduates, and in Downing College shall mean the Head, Professors, and all actual Fellows thereof, Bye-Fellows excepted, being Graduates; and the Word "Statutes" shall be taken to include all Ordinances and Regulations of the University, and all Ordinances and Regulations contained in any Charter, Deed of Composition, or other Instrument of Foundation or Endowment of a College, and all Byelaws, Ordinances, and Regulations; and the Word "Vacation" shall be taken to include that Part of Easter Term which falls after the Division of Term.
51 Parts of Lands Clauses Act 1845 incorporated herewith
The Lands Clauses Consolidation Act 1845, except the Parts and Enactments of that Act with respect to the Purchase and taking of Lands otherwise than by Agreement, and with respect to the Recovery of Forfeitures, Penalties, and Costs, and with respect to Lands required by the Promoters of the Undertaking, but which shall not be wanted for the Purposes thereof, shall be incorporated with and form Part of this Act, so far as relates to Land within the Town of Cambridge required for the Erection of any Buildings for the Extension of the Buildings of the said University, or of any College therein, and as if the Corporate Name of the University or College, as the Case may be, had been inserted therein instead of the Expression "the Promoters of the Undertaking."
52 Powers given by Sections 27, 28, 29, 30, and 31 may be exercised, notwithstanding any Act, Decree, or Order
The several Powers given by Sections Twenty-seven, Twenty-eight, Twenty-nine, Thirty, and Thirty-one of this Act may be exercised, notwithstanding anything contained in any Act of Parliament, Decree, or Order constituting, either wholly or in part, an Instrument of Foundation or Endowment, or confirming or varying any Foundation or Endowment, or otherwise regulating any Foundation or Endowment.
53 Elections to Emoluments may be suspended by Commissioners
Where, upon an Application of the University as to any University Emolument, or upon the Application of any College as to any Emolument within such College, it may appear to the Commissioners that it would be advisable for the Purposes of this Act to suspend for a limited Period the Election to such Emolument (not being the Headship of a College or Hall), it shall be lawful for the Commissioners, by Instrument under their Common Seal, to authorize the University or such College, as the Case may be, to suspend such Election accordingly for such a Time as may appear to the Commissioners sufficient for the Purposes aforesaid.
A.B. , a Member of the Senate, doth hereby appoint C.D. , a Member of the Senate, to be the Proxy of the said A.B. in his Absence, and to vote in his Name at the Election of a Chancellor, or High Steward, as the Case may be, for the University of Cambridge, on the Day of next, in such Manner as he the said C.D. may think proper. In witness whereof the said A.B. hath hereunto set his Hand, the Day of .