Universities (Scotland) Act 1858

Edinburgh

XI University Court, of whom to consist.

The University Court of the University of Edinburgh shall consist of the following Members ; viz.,

1.

A Rector to be elected by the Matriculated Students, voting in such Manner as shall be determined by the Commissioners ;

2.

The Principal;

3.

An Assessor to be nominated by the Chancellor;

4.

The Lord Provost of Edinburgh for the Time being;

5.

An Assessor to be nominated by the Lord Provost, Magistrates, and Town Council of Edinburgh ;

6.

An Assessor to be nominated by the Rector ;

7.

An Assessor to be elected by the General Council of the University;

8.

An Assessor to be elected by the Senatus Academicus:

And no Principal or Professor of any University shall be eligible to the Office of Rector or Assessor, except in the Case of the Assessor to be elected by the Senatus Academicus: And the Rector and the Assessor nominated by him shall continue in Office Three Years, and the other Assessors shall continue in Office for Four Years, and Five Members of the University Court shall be a Quorum.

XII Powers of University Courts.

The University Court of each University shall, subject to the Provisions of this Act, have the following Powers; viz.,

1.

To review all Decisions of the Senatus Academicus, and to be a Court of Appeal from the Senatus in every Case except as herein otherwise provided for :

2.

To effect Improvements in the internal Arrangements of the University, after due Communication with the Senatus Academicus, and with the Sanction of the Chancellor ; provided that all such proposed Improvements shall be submitted to the University Council for their Consideration :

3.

To require due Attention on the Part of the Professors to Regulations as to the Mode of Teaching and other Duties imposed on the Professors:

4.

To fix and regulate from Time to Time the Fees in the several Classes:

5.

Upon sufficient Cause shown, and after due Investigation, to censure a Principal or Professor, or to suspend him from his Office and from the Emoluments thereof, in whole or in part, for any Period not exceeding One Year, or to require him to retire from his Office on a retiring Allowance, or to deprive him of his Office; and during the Suspension of any Professor to make due Provision for the Teaching of his Class: Provided always, that no such Sentence of Censure, Suspension, or Deprivation, or Requisition on a Professor to retire from Office, shall have any Effect until it has been approved by Her Majesty in Council:

6.

To inquire into and control the Administration by the Senatus Academicus or Principal and Professors of any College of the Revenue, Expenditure, and all the pecuniary Concerns of the University and of any College therein, including Funds mortified for Bursaries and other Purposes.

XIII Right of Nomination to Professorships vested in University Courts.

The Right of Nomination or Presentation to any Professorships within any of the said Universities in Time past, and presently exercised by the Senatus or Faculty thereof, or by One or more of the Professors therein, or by any Member or other Officer thereof, shall be transferred to and in all Time coming be exercised, as regards each University, by the University Court thereof, to be established in manner herein-before provided; and the Right of Nomination or Presentation to the Office of Principal and to all Professorships in the University of Edinburgh in Times past, and presently exercised by the Town Council of Edinburgh, or by One or more of the Members thereof, either by themselves or conjointly with others, shall be transferred from the said Town Council or Members thereof to and in all Time coming be exercised by Seven Curators to be nominated as follows : Within Two Months from and after the Date at which this Act shall come into operation, as herein-after provided, the Town Council shall nominate Four Curators, and the University Court of the said University shall nominate the remaining Three Curators, and the Curators shall continue in Office for Three Years; and in the event of Vacancies in the Office of Curator occurring from Death, Resignation, or any other Cause, the Vacancies shall, as respects the Four Nominations made by the Town Council, be filled up by the Town Council, and shall, as respects the other Nominations, be filled up by the University Court.

XIV Appointment of Commissioners. Her Majesty may fill up Vacancies. Declaration of Powers of Commissioners.

The following Persons, (that is to say,) his Grace John George Douglas Campbell Duke of Argyll, the Right Hon. George Hamilton Gordon Earl of Aberdeen, the Right Honourable Philip Henry Stanhope Earl Stanhope, the Right Hon. William David Murray Earl of Mansfield, the Right Hon. Duncan McNeill Lord Justice General and Lord President of the Court of Session, Sir William Gibson Craig of Riccarton, Baronet, John Inglis Esquire, Lord Justice Clerk for Scotland, James Craufurd Esquire, One of the Senators of the College of Justice, William Stirling Esquire, of Keir, James Moncrieff Esquire, Alexander Hastie Esquire, and Alexander Murray Dunlop Esquire, shall be Commissioners for the Purposes of this Act, and shall have a Common Seal; and Four of the said Commissioners shall be a Quorum; and the Commissioners may elect One of their Number to be their permanent Chairman, and the permanent Chairman, or in his Absence One of the Commissioners elected and acting as Chairman at any Meeting, shall have both a deliberative and a casting Vote. If any Vacancy occurs in the Number of the Commissioners by means of Death, Resignation, or Incapacity to act, Her Majesty may fill up such Vacancy by Warrant under the Sign Manual. The Powers hereby conferred on the Commissioners shall be in force until the First Day of January One thousand eight hundred and sixty-two; and it shall be lawful to Her Majesty, 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-three, and no longer.

XV Powers of Commissioners:

The Commissioners shall possess and exercise the following Powers; viz.,

1.

To cite and examine Office Bearers in Universities, and require Production of Documents and Accounts;

To call before them the respective Principals, Professors, Regents, Masters, and others bearing Office in the said Universities and the Colleges therein respectively; viz., the University of St. Andrew's, the University of Glasgow, the University and King's College of Aberdeen, the University of Edinburgh, Marischal College and University of Aberdeen, and to examine them as to all Rules and Ordinances now in force in the said Universities, and to require the Production of all Documents and Accounts relating to any of the said Universities or Colleges:

2.

To revise the Foundations, &c., and to alter Trusts ;

To revise the respective Foundations, Mortifications, Bursaries, and Donations bestowed on any of the said Universities or Colleges, or for the Benefit of any Professors, Students, or others therein ; and further, if in the Case of any such Gift or Endowment which has taken effect for more than Fifty Years, and has been held by any of the said Universities or Colleges, or by any other Person in trust for or on behalf of the same or of any Persons therein, it shall appear to the Commissioners that the Interests of Religion and Learning and the main Design of the Donor, so far as is consistent with the Promotion of such Interests, may be better advanced by an Alteration of the Conditions or Directions affecting such Gift or Endowment, it shall be lawful to the Commissioners to alter or modify such Conditions or Directions, and to frame a new Statute or Ordinance for the Application of such Gift or Endowment, in such Manner as may better advance the Purposes thereof:

3.

To regulate the Powers of Office Bearers ;

Subject to the Provisions of this Act, to regulate by Ordinance the Powers, Jurisdictions, and Privileges of Chancellors, Rectors, Assessors, Professors, and all other Members or Office Bearers in the said Universities and Colleges, as also of the Senatus Academicus, the General Council, and the University Court, and their Meetings, as well with respect to the Government, Policy, and Discipline of the University as to the Management and Disposal of the Revenues and Endowments thereof, with Power to abolish unnecessary Offices :

4.

To regulate Elections of Unversity Officers ;

Subject to the Provisions of this Act, to make Regulations as to Time, Place, and Manner of presenting and electing all University Officers : Provided always, that the existing Rights of Nomination or Presentation to any Professorships shall not, except in so far as herein expressly otherwise provided, be thereby affected:

5.

To regulate Course of Study, Exaction of Fees, &c.;

To make Rules for the Management and Ordering of the said Universities, the Manner and Conditions in and under which Students shall be admitted thereto, the Course of Study, and Manner of Teaching therein, the Amount and Exaction of Fees, the Manner of Examination, with the Qualifications, Appointment, and Number of Examiners, and the Amount and Manner of their Remuneration, the granting of Degrees whether in Arts, Divinity, Law, or Medicine, and to provide that, in so far as shall be practicable, and in the Opinion of the Commissioners conducive to the Well-being of the Universities, and to the Advancement of Learning, the Course of Study, the Manner of Examination, and the Conditions under which Degrees are to be conferred, shall be uniform in all the Universities of Scotland:

6.

To make Ordinances in order to found Professorships and provide for Assistants ;

To make Ordinances in order to found new Professorships where they are required, and to provide for the Appointment of Assistants to such Professors as from the Nature and Duties of their Professorships require Assistance, and to provide for the Remuneration of such Assistants, and to provide by whom the Right of presenting or appointing such new Professors and Assistants shall be exercised :

7.

To provide for the due Administration of Revenues and Endowments ;

To make such Provision by Ordinance as the Commissioners shall see fit, as well for the due Preservation, Administration, and Disposal of the whole Property, Funds, Rents, Revenues, and Endowments as for the Preservation and Maintenance of all the Fabrics and Buildings of or connected with the Universities and Colleges, and for the better Custody and Management of any Libraries and Museums thereto belonging, or of the Contents thereof, and of any Furniture, Apparatus, or Objects acquired or to be acquired for the Use of the University, or of any Class therein :

8.

To provide for the Extinction of Debt ;

To provide by Ordinance, as the Commissioners shall judge expedient, by means of any of the Funds, Property, Rents, Revenues, and Endowments of any University or College, for the Payment and Extinction of any Debts forming a present Burden on such Rents, Revenues, or Endowments respectively :

9.

To fix Date when Act to come into operation ;

To provide by special Ordinance, at what Date, with reference to each of the said Universities, the Provisions of this Act shall come into operation :

10.

To report on Expediency of founding a National University ;

To inquire and report to Her Majesty how far it may be practicable and expedient that a new University should be founded, to be a National University for Scotland;

11.

To make Arrangements for converting Universities into Colleges of the said National University.

In the event of the Erection of such an University, to make Arrangements, with Consent of the Scottish Universities named in this Act, or any of them, for converting them respectively into Colleges, One or more, as the Case may be, of the said National University, and for the due Representation of such Colleges in the Governing Body thereof:

Provided always, that all Rules, Statutes, and Ordinances to be made by the Commissioners shall be published in the Edinburgh Gazette for Four consecutive Weeks, and 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 shall thereafter be submitted for the Approval of Her Majesty in Council; and it shall be lawful for any University or any College, and for the Trustees or Patron of any Foundation, Mortification, Bursary, or Endowment, or for any other Person directly affected by any such Rule, Statute, or Ordinance, within One Month after the last Publication thereof in the Gazette, to petition Her Majesty in Council to withhold Her Approbation of the whole or any Part thereof, and it shall be lawful for Her Majesty in Council to refer such Petition to the Commissioners, and to direct that they shall hear the Petitioner or Petitioners by Counsel, and report specially to Her Majesty in Council on the Matter of the said Petition ; and it shall be lawful for Her Majesty, by Order in Council, either to declare Her Approbation of any such Rule, Statute, or Ordinance, in whole or in part, or to signify Her Disapproval thereof, in whole or in part, and in case of such Disapproval the Commissioners may proceed to frame other Statutes or Ordinances in that Behalf, subject to the like Provisions and Conditions as are herein-before enacted; and no such Rule, Statute, or Ordinance shall be effectual until it shall have been so published, laid before Parliament, and approved : Provided also, that each of the said Universities shall be governed and conducted according .to the existing Law and Practice, until the Commissioners shall have made and published, with reference to such University, an Ordinance providing at what Date this Act shall come into operation, and such Ordinance shall have been approved of by Her Majesty, as hereinbefore provided.

XVI Scottish Universities may surrender Power of granting Degrees on Grant of Charter for a National University.

If Her Majesty shall be pleased, at any Time within the Duration of the Commission, to grant a Charter for the Foundation of a National University for Scotland, the Scottish Universities named in this Act, or any of them, may, if they shall think fit, surrender to the Commissioners the Powers of examining for and of granting Degrees, with or without the Exception of Degrees in Theology, and to become Colleges, One or more, as the Case may be, of the said National University.

XVII No such Surrender, &c. to be valid unless signified in Writing by the Chancellor, &c.

No such Surrender or Consent as is herein-before mentioned of any Scotch University named in this Act, with a view to becoming a College or Colleges of a National University for Scotland, shall be valid, except it be signified in Writing by the Chancellor and by the University Court of the University concerned therein, nor except it be declared by the said Court that the said Surrender or Consent respectively is given with the Approval of the Senatus Academicus, and likewise of the University Council.

XVIII Powers of Commissioners as to University of Aberdeen.

Without Prejudice to any of the Powers herein-before conferred, the said Commissioners shall, with respect to the University of Aberdeen, possess and exercise, subject to the Provisions of this Act, the following Powers:

1.

To determine Number of Professors, and regulate Course of Study ;

To make Ordinances in order to determine the Number of Professors, and to prescribe and regulate the Course of Study in the several Faculties of Arts, Divinity, Law, and Medicine : Provided that in the Faculty of Arts there shall be a Professor of Greek, a Professor of Humanity, a Professor of Logic, a Professor of Mathematics, a Professor of Moral Philosophy, a Professor of Natural Philosophy, and a Professor of Natural History; or, in the Discretion of the Commissioners, Two Professors in any One or more of such Branches of Instruction in the Faculty of Arts, if it shall appear to be necessary or expedient, with Power to the said Commissioners to determine where the Classes of each of the said Professors shall assemble; in the Faculty of Divinity there shall be Professors of Systematic Theology, of Oriental Languages, of Church History, and of Biblical Criticism; in the Faculty of Law a Professor of Law ; and in the Faculty of Medicine Professors of the Institutes of Medicine, of the Practice of Medicine, of Chemistry, of Anatomy, of Surgery, of Materia Medica, of Midwifery, of Medical Jurisprudence, of Botany; and such other Professorships in each of the said Faculties as the said Commissioners shall think to be expedient;

2.

To abolish Offices rendered unnecessary by the Union, &c.;

To make Ordinances in order to abolish such Professorships and other Offices within the said University as are rendered unnecessary by the Union of the Two Universities and Colleges, or to conjoin Two or more of such Professorships, making full Compensation to the Holders of such Offices for all Loss of Emoluments consequent on such Abolition or Conjunction of Offices; and, having regard as far as practicable to the main Design of any existing Gift or Endowment of such Professorships or other Offices, to make such other Arrangements respecting such Professorships and other Offices as may seem expedient; and, having regard as aforesaid, to appropriate the Funds and Revenues belonging or payable to the Holders of such Professorships or other Offices, after the Death, Resignation, or Deprivation of any of the present Incumbents; to any of the following Purposes within the said University; (that is to say,)

1.

For providing retiring Allowances to aged and infirm Principals and Professors :

2.

For providing additional Teaching by means of Assistants to the Professors in any Professorships already established or to be established;

3.

For providing Remuneration to the Examiners appointed in pursuance of this Act:

4.

For increasing the Salaries presently attached to such Professorships, and any other Offices in the University :

5.

For the Endowment of new Professorships ;

3.

To accept Resignations, &c;

To accept Resignations of the existing Incumbents of such Professorships as they may think fit to abolish, and to make Arrangements for giving reasonable Compensation to such Persons for Loss of Emoluments by such Resignation, or for the Appointment of such Incumbents to other Professorships or , other Offices in the said University;

4.

To determine Right of Patronage ;

To make Ordinances in order to determine in whom for the future shall be vested the Patronage or Right of presenting Professors to each of the Chairs in the said University, having regard as far as possible to the Preservation of the existing Rights of Patronage;

5.

To arrange as to Buildings of united Colleges ;

To make Arrangements and Regulations as to the Uses and Purposes to which the Buildings of King's College and Marischal College respectively shall be appropriated ;

6.

To make all necessary Rules, &c.

To make all such Rules and Ordinances as may be necessary for securing good Order and Government, and regulating the Course of Study in the said University :

Provided always, that all Rules, Statutes, and Ordinances to be made by the Commissioners in virtue of the Powers herein conferred shall be published, laid before Parliament, and approved, in like Manner, and shall be subject to the same Provisions and Conditions in all respects, as is provided with respect to the Rules and Ordinances to be made in the Exercise of the Powers conferred on them as regards the whole of the said Universities.

XIX Power to University Court to alter or revoke Statutes passed by Commissioners after Expiration of their Powers.

During the Subsistence and Exercise of the Powers of the Commissioners, the Powers herein-before conferred on the University Courts shall be exercised in subordination to and so as not to conflict with the Powers of the Commissioners: But any of the Rules, Statutes, and Ordinances to be framed and passed by the Commissioners, as herein-before provided, may, at any Time after the Expiration of the Powers herein conferred on the Commissioners, be altered or revoked by the University Court of the University to which the same are applicable, but only with the Consent, expressed in Writing, of the Chancellor thereof, and with the Approval of Her Majesty in Council.

XX Instructions issued by Her Majesty to be considered by Commission.

It shall be the Duty of the Commissioners herein appointed to take into their deliberate Consideration any Matters connected with the said Universities to which their Attention may be at any Time called by Instructions issued to them by Her Majesty's Command.

XXI How Parliamentary Grant to be applied.

The Commissioners of Her Majesty's Treasury shall be empowered to pay out of such Moneys as may be provided by Parliament for the Purpose, by Pour equal Quarterly Payments, on the Fifth Day of January, the Fifth Day of April, the Fifth Day of July, and the Tenth Day of October in every Year, such Sums of Money as the Commissioners herein appointed shall recommend to be paid for any One or more of the following Purposes ; (that is to say,)

1.

For providing retiring Allowances to aged and infirm Principals and Professors;

2.

For providing additional Teaching by means of Assistants to the Professors in any Professorships already established or to be established;

3.

For providing Remuneration to the Examiners appointed in pursuance of this Act;

4.

For increasing the Salaries presently attached to existing Professorships and to any other Offices in the University ;

5.

For the Endowment of new Professorships :

6.

For providing full Compensation to the present Holders of Professorships or other Offices for the Loss of Emoluments consequent on the Abolition or Conjunction of such Professorships or other Offices in the present Universities and Colleges of Aberdeen :

And it is hereby provided that the whole of such Payments shall be subject to whatever Rules, Statutes, and Ordinances the Commissioners herein appointed shall from Time to Time see fit to prescribe in reference thereto: Provided always, that all Rules, Statutes, and Ordinances providing for or affecting the Application or Distribution of such Sums of Money shall be 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 shall thereafter be submitted for the Approval of Her Majesty in Council; and no such Rule, Statute, or Ordinance shall be effectual until it has been so laid before Parliament and approved of by Her Majesty.

XXII Power to Treasury to grant Moneys for Purposes herein named.

It shall be lawful to the Commissioners of Her Majesty's Treasury to grant from Time to Time, out of any Moneys to be provided fey Parliament for that Purpose, such Sums as shall to them appear necessary for the following Purposes; (that is to say,)

1.

For the Salary or other Remuneration of any Clerks or other Officers to be appointed by the Commissioners herein named, with the Consent of the said Commissioners of Her Majesty's Treasury ;

2.

For the Expense of providing any Office Accommodation for the Use of the Commissioners herein named, and of defraying the Cost of Books, Stationery, Printing, Postages, and other necessary Expenses connected with the same ;

3.

For defraying the whole reasonable Travelling Expenses which may be incurred by the Commissioners herein named, or by any Clerk or other Officer in their Service, in the Execution of the Powers herein conferred.

XXIII Commissioners under this Act specially to regard Ee-ports of Commissioners for visiting Universities of Scotland.

The Commissioners herein appointed shall in the Exercise of their Powers have special Regard to the Reports presented by the Commissioners acting under the several Commissions for visiting the Universities of Scotland ; viz., a Commission issued by His Majesty King George the Fourth on the Twenty-third Day of July One thousand eight hundred and twenty-six, renewed by His Majesty King William the Fourth on the Twelfth Day of October One thousand eight hundred and thirty; a Commission issued by His Majesty King William the Fourth on the Twenty-third Day of November One thousand eight hundred and thirty-six, re-appointed by Her present Majesty on the Second Day of October One thousand eight hundred and thirty-seven; and a Commission issued by Her present Majesty on the Sixteenth Day of April One thousand eight hundred and fifty-seven.

XXIV Rules, Statutes, &c. when approved, to be entered in a Book, and signed by the Commissioners.

All Rules, Statutes, and Ordinances to be made by the Commissioners shall, when approved by Her Majesty as herein-before provided, be inserted in a Book or Books to be signed by the Commissioners or their Quorum, and such Book or Books shall, on the Expiration of the Powers of the Commissioners, be lodged with Her Majesty's Clerk Register for Scotland, and shall be preserved among the Public Records, and a Duplicate shall be sent to each of the said Universities of the Rules, Statutes, and Ordinances applicable thereto, and such Rules, Statutes, and Ordinances shall be observed until the same be altered in manner herein-before provided.

XXV Universities may sue and be sued under Titles herein named.

The said Universities may sue and be sued under the Style and Title of "The University of St. Andrews," "The University of Glasgow" " The University of Aberdeen," and " The University of Edinburgh," respectively.

XXVI No Distinction to be henceforward recognized among Professors of Glasgow University.

From and after the passing of this Act no Distinction shall he recognized among the Professors of the University of Glasgow, but the whole Professors thereof admitted to Chairs heretofore established or which may hereafter be established therein shall be deemed to be and shall be Professors of the University and College of Glasgow, and shall all equally exercise the whole Rights and Functions which have heretofore been exercised by any Portion of such Professors : Provided always, that no Claim is hereby given to any Participation in the Income or Emoluments already appropriated to existing Chairs in the said University and College.

XXVII Nothing in this Act to affect certain Trusts.

Nothing in this Act contained shall be construed to affect any Trusts now vested in and administered by the Senatus Academicus of any University or College, or in the Principal and Professors, or any of them, for Purposes unconnected with such University or College; and any such Trusts as are now held and administered by the Senatus Academicus, or the Principal and Professors of the University and King's College of Aberdeen, or of Marischal College and University, for Purposes unconnected with such Universities and Colleges, shall from and after the Date at which this Act shall come into operation, as regards the University of Aberdeen, be vested in and administered by the Senatus Academicus of the University of Aberdeen ; and any Trust now administered, in whole or in part, by the Principal of either of the said Universities and Colleges, or by any Professor or Professors thereof, shall from and after the Date aforesaid be in like Manner administered, in whole or in part, by the Principal of the University of Aberdeen, or, as the Case may be, by the Professor or Professors who in the said University shall hold the same Professorship as the said Professor or Professors of King's College or Marischal College respectively.