Erasmus Smith Schools Act, 1938

DARA SCEIDEAL.

SECOND SCHEDULE.

1929. No. P. 511.

SAORSTÁT EIREANN.

SUPREME COURT OF JUSTICE ON APPEAL FROM THE HIGH COURT OF JUSTICE

Mr. Justice Meredith.

Between:—

The Governors of the Schools Founded by Erasmus Smith, Esquire

Plaintiffs.

and

The Attorney-General for Saorstát Eireann

Defendant.

And by Order:—

Peter Corrigan, Thomas Edmonds, Nicholas

Duff, Charles M. Markey, Hugh Hayes, David

Dillon, James McKeogh and James Slattery

Defendants.

And by Further Order:—

The Reverend James Moody, William Doran

and Alexander S. Anderson

Defendants.

WHEREAS in the events which have happened the Appeal herein, pursuant to the Plaintiffs' Notice of Appeal dated the Eighth day of February, One thousand nine hundred apd thirty-two is still pending;

AND WHEREAS having regard to the great difficulty and complexity of the questions arising in this Action and the heavy further expense which would result from the prosecution of the said Appeal and the further proceedings consequent thereon the Plaintiffs consider it to be in the interests of the Trust and the Attorney-General considers it to the advantage of the public and of the educational interests involved that all matters in dispute in this Action should be settled upon the terms hereinafter set forth NOW IT IS HEREBY CONSENTED AND AGREED by and between the Plaintiffs and the Attorney-General:—

(1) THAT with the sanction of the Supreme Court all further proceedings in this Action should (subject to the provisions of Clause 7 hereof) be stayed upon the terms hereinafter mentioned.

(2) THE property and funds now vested in the Plaintiffs capable of being declared subject to the claims made against the Plaintiffs in this Action consist of the property and funds comprised in the Schedules hereto.

(3) THAT subject to the provisions of Clause 4 hereof all such property and funds shall as from the date of this Agreement be apportioned and held for and devoted to the following purposes respectively:—

(a) The property and funds set out in the First Schedule hereto or the proceeds of sale thereof shall be held by the Plaintiffs upon trust to apply the same for education including instruction in Protestant Doctrine in such manner and in such place or places in Saorstát Eireann as the Plaintiffs in their absolute discretion think fit provided that no person of any Protestant denomination shall by reason of his denomination be excluded from the benefit of such education.

(b) The property and funds set out in the Second Schedule hereto and the income thereof shall as from the date hereof be transferred to the Minister for Education or his nominees to be applied by him with the co-operation, if necessary, of the Minister for Agriculture or any other Minister or Department for such public educational purpose of whatsoever nature as the Minister for Education in his absolute discretion may from time to time direct, and in particular the said Minister for Education may have regard to the localities and classes set out in the Charter of King Charles II as being those intended by Erasmus Smith to be benefited.

(4) THE Plaintiffs shall pay out of the Funds set out in the Schedules moietively all their outstanding costs of this Appeal and of and incident to the preparation and execution of this Agreement and of the application and Order to be made thereunder and the like costs of The Attorney-General and of the Defendants, Peter Corrigan, Thomas Edmonds, Nicholas Duff, Charles M. Markey, Hugh Hayes, David Dillon, James McKeogh and James Slattery, such costs to be taxed if the Court so directs.

(5) THE Plaintiffs undertake and the Minister for Education shall be at liberty to promote such legislation or take such other steps as may be necessary to carry out this Agreement.

(6) AN Application to the Supreme Court shall be made by the Plaintiffs to receive this Consent and for an Order accordingly and for liberty to them and to the Minister for Education to promote such legislation or take such other steps as are referred to in Paragraph (5) hereof.

(7) IF for any reason, the Supreme Court should not make the Order sought when applied to as aforesaid, or if within twelve calendar months from the date hereof or within such extended period as shall be agreed to by the Plaintiffs and the Attorney-General such legislation shall not have been passed as in the opinion of the Plaintiffs or the Attorney-General shall be necessary for the purpose of enabling the foregoing Agreement to be carried into effect, this Consent shall be null, void and of no effect and shall be deemed to have been entered into without prejudice to the rights of all parties, and the Plaintiffs shall be at liberty to proceed with their Appeal.

(8) THE Plaintiffs and The Attorney-General shall be at liberty at any time to apply to this Court as occasion may require.

FIRST SCHEDULE.

Moiety of the Trust Property mentioned in Paragraph 3 to be retained by the Plaintiffs as agreed above:—

Estimated value subject to adjustment.

Unsold real and chattel real property producing approximately £600 net per annum

£9,000

0

0

£24,091

16

9

Australia 4 ¾% Stock 1940/60

£25,060

0

0

£4,000

0

0

Metropolitan Water Board “B” Stock 1934/2003

£3,600

0

0

£11,014

10

9

India 4 ½% Stock 1958/68

£12,115

0

0

£8,580

18

3

4% Funding Loan 1960/90

£9,525

0

0

£1,955

0

0

4 ½% Land Bonds

£2,130

0

0

£2,171

0

0

4 ½% Land Bonds (retained by Land Commission)

£2,375

0

0

£1,224

0

0

Dublin Corporation Stock 1950/70

£1,360

0

0

£65,165

0

0

The High School, Harcourt Street, Dublin

The Galway Grammar School.

The Drogheda Grammar School.

SECOND SCHEDULE.

Moiety of the Trust Property mentioned in paragraph 3 to be handed over to the Minister for Education as agreed above:—

Estimated value subject to adjustment.

£27,000

0

0

Irish Free State 4% Conversion Loan 1950/70

£29,700

0

0

£22,500

0

0

Irish Free State Third National Loan 1950/70

£24,975

0

0

£8,309

12

5

India 41/2% Stock 1958/68

£9,140

0

0

1,215

0

0

Dublin Corporation Stock 1950/70

£1,350

0

0

£65,165

0

0

The Tipperary Grammar School.


DATED this twelfth day of June, One thousand nine hundred and thirty seven.

PRESENT when the Seal of The Governors of the Schools founded by Erasmus Smith, Esquire, was affixed hereto:—SEAL OF THE GOVER[html]NORS OF THE SCHOOLS FOUNDED BY ERASMUS SMITH, ESQUIRE.

      Arthur L. B. Moore,

    Wm. E. Thrift,

40 Harcourt Street,         

Treasurer and Chairman.

                  Dublin.  

      Registrar and Agent.

F. J. W. Darley,         

30/31 Kildare Street,           

                   Dublin.  

                     Solicitor.

SIGNED by the Attorney-General for Saorstát Eireann in the presence of:—

John Burke,       

    Solicitor,      

63 Upper O'Connell Street,  

PATRICK LYNCH,

                                           Dublin.

                 Attorney-General.