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:—