Erasmus Smith Schools Act, 1938

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Number 1 (Private) 1938.

ERASMUS SMITH SCHOOLS ACT, 1938.

ARRANGEMENT OF SECTIONS

FIRST SCHEDULE.

SECOND SCHEDULE.

Number 1 (Private) 1938.

ERASMUS SMITH SCHOOLS ACT, 1938.

AN ACT TO AMEND THE LETTERS PATENT AND STATUTE RELATING TO THE SCHOOLS FOUNDED BY ERASMUS SMITH, ESQUIRE, AND TO EMPOWER THE GOVERNORS OF THE SAID SCHOOLS TO CARRY INTO EFFECT A CERTAIN AGREEMENT WITH THE ATTORNEY-GENERAL OF SAORSTÁT EIREANN, AND TO PROVIDE FOR THE APPLICATION OF THE ENDOWMENTS OF THE SAID SCHOOLS, AND FOR OTHER PURPOSES INCIDENTAL THERETO. [13th April, 1938.]

WHEREAS the Governors of the Schools founded by Erasmus Smith, Esquire, were by the said name incorporated by Letters Patent of King Charles the Second dated the 26th day of March, 1669, with power to receive and hold endowments and apply the same to and for the said Schools and other purposes therein mentioned;

AND WHEREAS the powers of the said Governors have been from time to time amended and extended by the Statute and Letters Patent of King William the Fourth referred to in the First Schedule to this Act;

AND WHEREAS owing to the change of times and circumstances doubts arose as to the due application of the said endowments and the income thereof, and as to the enforcement of certain regulations contained in the said Letters Patent of King Charles the Second, and as to divers other matters;

AND WHEREAS with a view to setting such doubts at rest the said Governors instituted an Action against the Attorney-General of Saorstát Eireann by Summons dated the 12th day of November, 1929;

AND WHEREAS the said Governors appealed from the Judgment and Order of the High Court of Justice in the said Action;

AND WHEREAS at the date of the Consent hereinafter mentioned the said Appeal from the Judgment and Order of the High Court in the said Action was pending in the Supreme Court;

AND WHEREAS on the 12th day of June, 1937, a Consent in the said Action was entered into between the said Governors and the Attorney-General of Saorstát Eireann setting forth the Agreement arrived at between the said Governors and the Attorney-General of Saorstát Eireann with a view to ending the said litigation, saving further expenditure, and providing for the application and future administration of the said endowments;

AND WHEREAS by an Order of the Supreme Court made in the said Action dated the 23rd day of June, 1937, the Court on reading the said Consent ordered that the hearing of the said Appeal and all further proceedings be stayed;

AND WHEREAS it is expedient to empower the said Governors to carry into effect the Agreement contained in the said Consent, and to set at rest all doubts with regard to the administration of the said endowments, and to provide for the future administration thereof;

AND WHEREAS the purposes aforesaid cannot be effected without the authority of the Oireachtas;

BE IT THEREFORE ENACTED BY THE OIREACHTAS AS FOLLOWS:—

Short title.

1.—This Act may be cited as the Erasmus Smith Schools Act, 1938.

Definitions.

2.—In this Act—

the expression “the Governors” means the Governors of the Schools founded by Erasmus Smith, Esquire;

the expression “the Instruments of Foundation” means the Letters Patent and Statute mentioned in the First Schedule to this Act;

the expression “the endowments” means all property real or personal held by the Governors as such Governors as aforesaid;

the expression “the Minister” means the Minister for Education;

the expression “the Agreement” means the Agreement contained in the Consent set forth in the Second Schedule to this Act.

Confirmation of Agreement between the Governors and the Attorney-General of Saorstát Eireann.

3.—The Agreement is hereby confirmed, and accordingly it shall be lawful for the Governors to carry out such Agreement and to do all acts or things necessary or expedient for that purpose, and in particular, and subject to such payments as are therein mentioned, to convey and transfer to the Minister, for the purposes therein referred to, the property and funds set forth in the second schedule to the Agreement.

Application of endowments.

4.—It shall be lawful for the Governors, after making the payments, conveyance and transfer in the last preceding section mentioned and after defraying the costs and expenses of this Act as hereinafter provided, from time to time to apply the endowments remaining in their hands, and the proceeds of sale of such as they may at any time deem it expedient to sell, and the investments representing the same, and the income thereof, to or for all or any of the purposes to which the endowments have heretofore at any time been applied by the Governors, or to or for education (including instruction in Protestant doctrine) in such manner and in such place or places in Éire, as the Governors in their absolute discretion shall think fit: Provided always that in the application and administration of the endowments generally and in particular with reference to the admission of pupils to Schools managed by the Governors, the awarding of scholarships in the said Schools and of exhibitions in Trinity College, Dublin, and the appointment of assistant masters, no person of any Protestant denomination shall by reason of his religious beliefs be excluded from the benefits thereof, nor be compelled or induced, directly or indirectly, to conform to the doctrine or practice, or attend the Services, of any Church other than the Church to which he belongs: Provided also that in each of the said Schools reasonable opportunities shall be afforded during the time allocated to religious instruction to enable every pupil to receive such religious instruction as may be provided by the Church to which he belongs, and in the case of boarders facilities shall be given on Sundays for them to attend the stated Services of their own Church where a congregation of the said Church exists in the neighbourhood.

Ending litigation.

5.—From and after the passing of this Act no action or other proceeding shall be brought or instituted with regard to the administration of the endowments by the Governors prior to the passing of this Act.

Amendment of Letters Patent and Statute.

6.—The provisions of the Instruments of Foundation shall be deemed to be and the same are hereby amended so far as is necessary to give full effect to the provisions of this Act and of the Agreement, and in any case of inconsistency the provisions of this Act and of the Agreement shall prevail.

Costs of Act.

7.—The costs, charges and expenses preliminary to, and of and incidental to the preparing, obtaining and passing of this Act shall be paid by the Governors out of the endowments.

FIRST SCHEDULE.

Letters Patent of 21 Charles II (26th March 1669) enrolled on the 19th December 22 Charles II in the then High Court of Chancery in Ireland.

Statute of 10 George I intituled “An Act for further application of the rents and profits of the lands and tenements formerly given by Erasmus Smith, Esquire, deceased, for charitable uses”

Letters Patent of 4 William IV (27th July 1833) enrolled in the then High Court of Chancery in Ireland on the 5th day of August 1833.

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:—

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:—

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.