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ROYAL COLLEGE OF PHYSICIANS, IRELAND, ACT 1800
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CHAPTER LXXXIV.(a
)
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An Act for repealing an Act passed in the twenty-fifth Year of his present Majesty, entitled, An Act for establishing a complete School of Physic in this Kingdom; and also for repealing an Act passed in the thirty-first Year of his present Majesty, entitled, An Act to explain and amend an Act for establishing a complete School of Physic in this Kingdom, and also for extending and enlarging the Powers of the President and Fellows of the King and Queen's College of Physicians, and establishing a complete School of Physic in this Kingdom.
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Preamble.
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 as is herein recited, are hereby repealed.
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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.]
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Professorships herein named shall be established instead of such as were appointed by said acts.
Perpetual succession.
Present professors shall continue.
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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.
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Salaries of professors.
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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.
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Surplus of estate;
Hospital for clinical lectures.
Salary to a librarian.
Board of governors of Sir P. Dunn's hospital.
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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.
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At what time clinical patients may be maintained.
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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.
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Application of annual surplus, after expences herein mentioned.
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[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.
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Duty of King's professors and their successors.
King's professors and university professors to read lectures,
Pupils to pay for lectures, &c.
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[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.
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Election and duty of a librarian.
Salary 70l. a year, provided as herein.
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[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.]
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3 university professors appointed by 35 G. 3. shall have perpetual succession.
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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.
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Professors supported by university.
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XIV. And be it enacted by the authority aforesaid, That the said university professors shall be supported at the expence of the said university.
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Time and manner of convening college of physicians and holding elections.
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[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.
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How long electors shall continue in office.
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[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.
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Electors shall not be professors.
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[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,
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University professors to be elected in the usual manner.
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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.
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3 months notice of election of King's or university professors, in Dublin and London Gazettes, as herein,
Names and additions of candidates, as herein directed, to be laid before the Colleges by their respective registers.
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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.
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Professorships on Sir Patrick Dunn's foundation, open to all christians.
Professorships of university open to all protestants who have taken their degrees.
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[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.
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Oath to be taken by electors before elections.
Addition in case of electors of King's professors.
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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:
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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.
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So help me God.
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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.
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Oath to be taken by a professor, immediately after election.
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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:
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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.
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So help me God.
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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.
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Duration of professorships.
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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.
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Professors may be continued. 3 months notice being given in Dublin and London gazettes, and directions entered in College books.
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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.
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Professors may be candidates.
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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.
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President and fellows may make rules and orders, which shall be communicated to Trinity College.
Provost and senior fellows may make rules for university professors, which shall be communicated to college of physicians.
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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.
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What shall be done when one College disapproves of the rules and orders of the other.
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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.
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Professors may be admonished for neglect, and in case of obstinate neglect may be displaced.
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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.
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Professors may appeal.
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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.
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When one college is dissatisfied with the conduct of the professors of the other, complaint may be laid before visitors.
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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.
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Commencement and continuance of lectures.
Reasonable vacations from lecturing may be appointed.
Botanic Lectures.
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[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.
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Lectures in English.
Rooms may be given in the university, for clinical lectures, under controul of provost.
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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.
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Fees to be paid professors by persons attending lectures.
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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.
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Matriculation of students in physic.
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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.
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Clinical lectures may be given in any hospital in Dublin, where governors will allow them without expence.
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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.
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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.
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King and Queen's college of physicians incorporated by King William and Queen Mary:
Lord chancellor and chief judges shall be visitors of said college of physicians.
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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.
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Powers and authorities of said visitors.
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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.
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Annual accounts to be laid before visitors, or persons appointed by them, which shall be lodged with the register, and entered on the books.
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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.
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Declaration of professors, &c. relative to surplus of Sir Patrick Dunn's estates:
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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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.]
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Roman catholics may be fellows, on taking the oath prescribed by 18 and 14 G. 3.
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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.]
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President and fellows may examine all graduates, and may reject unfit persons.
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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.
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Leases may be made for 31 years without fines; all others shall be void.
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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.
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A publick act.
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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.
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[(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.] |
