MAC CORMACK v THE QUEENƒ€™S UNIVERSITY

• Jurisdiction: Ireland
• Judgment Date: 16 April 1867
• Date: 16 April 1867
• Court: Rolls Court (Ireland)

Rolls.

MAC CORMACK

and

THE QUEENƒ€™S UNIVERSITY.

Rex v. The Vice-Chancellor of Cambridge ENR3 T. R. 240.

Primâ facie 3 Bur. 1661.

Rex v. Westwood ENR 7 Bing. 6; on appeal, 2 Dow. & Cl. 21.

Rex v. MeinENR 1 T. R. 599.

Rex v. HalenENR 6 T. R. 277.

Rex v. Larwood 1 Lord Ray. 29.

Rex v. ArmeryENR 1 T. R. 589.

The King v. The Mayor, &c., of FoweyENR 2 B. & C. 589.

Rex. v. The Vice-Chancellor of Cambridge 3 Bur. 1661.

Case of Suttonƒ€™s HospitalUNK 10 Rep. 1.

Mayor, &c., of Lynn v. HenleyENRENR 1 Sc. 39; 2 Cl. & Fin. 331.

Wyatt v. Wilson 1 Mƒ€™N. & G. 46.

Dietrichson v. CabburnENR 2 Ph. 52.

Lumley v. Wagner 1 D. M. & G. 604.

Morison v. MoateENR 9 Hare, 241.

Prince Albert v. StrangeUNK 1 M. & G. 25.

Ward v. The Society of AttorneysENR 1 Coll. 370.

Foster v. HornsbyUNK 2 Ir. Ch. Rep. 426.

Yowatt v. Winyard 1 J. & W. 394.

Child v. Hudsonƒ€™s Bay CompanyENR 2 P. Wms. 207

The Attorney-General v. ParkerENR 3 Atk. 576.

The Attorney-General v. Foster 10 Ves. 335.

The Attorney-General v. Newcombe 14 Ves. 1.

Fearon v. Webb 14 Ves. 19.

Davis v. JenkinsENR 3 V. & B. 154.

Frewin v. LewisENR 9 Sim. 66.

The Protest, &c., of Trinity College v. The King and Queen's College of Physicians 10 Ir. Jur. N. S. 362.

The Attorney-General v. HewerENR 2 Vern. 387.

Peyton v. ClarkENR 2 Sim. 520.

Leslie v. BirnieENR 2 Russ. 114.

Ashby v. WhiteUNK 1 Sm. L. C. 105.

The Emperor of Austria v. KossuthUNK 3 D. F. & J. 262.

Ward v. The Society of AttorneysENR 1 Coll. 375.

Prince Albert v. StrangeUNK 1 M. & G. 25.

Yowatt v. Winyard 1 J. & W. 394.

Foster v. Hornsby, and Stubber v. HornsbyUNK 2 Ir. Ch. Rep. 426, 445.

Lumley v. Wagner 1 D. M. & G. 604.

The Leather Cloth Company v. The American Leather Cloth Co.ENR 11 H. L. C. 523.

The Emperor of Austria v. KossuthUNK 3 D. F. & J. 232, 240-253.

Thompson v. The University of London 33 L. J. N. S. Ch. 637.

The Attorney-General v. The Master of Catherine HallENR Jac. 381.

The Attorney-General v. Andrews 3 Ves. 633.

The Attorney-General v. Compton 2 Y. & C. C. 417.

The Mayor of Liverpool v. The Chorley Waterworks 2 D. M. & G. 852.

Ware v. The Regentƒ€™s Canal Co.UNK 3 D. & J. 212.

The Warden of Dover v. The London, Dover, and Chatham RailwayUNK 3 D. F. & J. 566.

Wellbeloved v. Jones 1 S. & St. 41.

The Attorney-General v. Foster 10 Ves. 335.

The Attorney-General v. Newcombe 14 Ves. 1.

Fearon v. Webb Id. 19/

The Attorney-General v. ParkerENR 1 Ves. 43; 3 Atk. 576.

The Attorney-General v. HewerENR 2 Vern. 387.

Davis v. JenkinsENR 3 V. & B. 154.

The Attorney-General v. CumingENR 2 Y. & C. C. C. 149/

Peyton v. ClarkeENR 2 Sim. 520.

Lesley v. BirnieUNK 2 Rep. 114.

The Mayor of Liverpool v. The Chorley Waterwords 2 D. M. & G. 852, 860.

Ware v. The Regentƒ€™s Canal CompanyUNK 3 D. & J. 212, 227, 230.

The Warden of Dover v. The London, Dover, and Chatham RailwayUNK 3 D. F. & J. 566, 567.

The Attorney-General v. ComptonENR 1 Y. & C. C. C. 417; see 426, 427.

Blackmore v. The Glamorganshire Canal Co.UNK 1 M. & K. 162, 163; see 3 D. & J. 228, 229.

Frewin v. Lewis 4 M. & Cr. 254, 255.

Evan v. The Corporation of AvonENR 29 Beav. 144; see also Hare v.

The Stockport Waterworks Co. v. The Mayor of Manchester 6 Jur. N. S. 266.

Foster v. HornsbyUNK 2 Ir. Ch. Rep. 426; see p. 447.

Thompson v. The University of London 33 L. J. N. S.Ch. 625.

Ashby v. White See Tozer v. Child, 7 E. & Bl. 377.

Evan v. The Corporation of AvonENR 29 Beav. 144.

Skinnersƒ€™ Company v. The Irish SocietyENRENR 7 Beav. 593; 12 Cl. & Fin. 425.

Attorney-General v. The Northern Railway Co.ENR 1 Dr. & Sm. 154.

Foss v. HarbottleENR 2 Hare, 461.

Morley v. AlstonENR 1 Ph. 790.

Gregory v. Patchett 10 Jur. N. S. 1118.

Emperor of Austria v. KossuthUNK 3 D. F. & J. 254.

The Attorney-General v. The College of Physicians 9 Ir. Jur. N. S. 362.

University — Power to accept Charter — Cause Petition — Information.

MAC CORMA.CK v. 'nal QUEEN'S UNIVERSITY. University-Power to accept Charter-Cause Petition-Information. The Queen's University in Ireland was founded by a Royal Charter of 1864, and was thereby constituted a Corporation, to consist of a Chancellor, Senators, Secretary, Professors, Graduates, and Students. The Charter gave the Senate for the time being the entire management of, and superintendence over, the affairs, concerns, and property of the University ; and directed that in all cases unprovided for by the Charter, it should be lawful for the Senate to act in such manner as should appear to them best calculated to promote the purposes inÂÂÂtended by the University ; and gave to the Senate power to make and alter byÂÂÂlaws touching the examination or qualification for degrees, &c. .By the Charter the University was enabled to grant degrees, but only to persons who should have matriculated and pursued a course of study in one of the Colleges conÂÂÂnected with the University. In 1866 a Supplemental Charter was granted to the University, by which it was authorized to grant degrees to persons deemed qualified., notwithstanding _ they should not have matriculated or pursued a course of study in any of the said Colleges. At a Meeting of the Senate of the University, it was resolved by a majority of those present that the Supplemental Charter should be accepted. A Cause Petition was filed by three Graduates of the University as PetitionÂÂÂers, praying that it might be declared that the Charter of 1866 was inconsisÂÂÂtent with that of 1864 ; that the resolution of the Senate accepting the Supplemental' Charter might be declared void; and for an injunction against doing any act to accept the same, or conferring any degrees in pursuance of its provisions. To this suit the University and the members of the Senate were made parties Respondents, but the Attorney-6 eneral was not a party. Held, that the suit should have been by information in the name of the Attorney-General, and that the Cause Petition was unsustainable, for want of interest in the Petitioners, and must be dismissed. Nature and extent of interest necessary to enable private persons to maintain a suit considered. Serable, that in the present case it was not competent for the Senate alone to accept the Supplemental Charter. BY the Statute 8 & 9 Viet. c. 66, entitled an Act to enable Her Majesty to endow new Colleges for the advancement of learnÂÂÂing in Ireland, a grant " for the better advancement of learning among all classes of Her Majesty's subjects in Ireland" was made for the building and endowing colleges in Ireland, to be founded EQUITY SFAIRS. 161 by Her Majesty by letters patent under the Great Seal of Ireland. .R0118. The Act provided (section 14) that no student should. be compelled 1867. by any rule of any such college to attend any theological lecture MAC CollÂÂÂor religious instruction other than should be approved by his parents mt.' or guardians, and that no religious test should be administered to THE QUEEN'S V . any person in order to entitle him to be admitted a student of any ERSITY such college, or to hold any office therein, or to partake of any advantage or privilege thereof. The Visitors of the Colleges were to be appointed by the Crown. Under the provisions of that Act colleges were established in Belfast, Cork, and Galway. The Queen's University was founded by a charter from Her Majesty, granted in the year 1850 ; under it the Chancellor and Senate constituted the corporate body. On the 8th of October, 1864, a further charter was granted. It recites the charter of 1850, and the power to confer degrees granted by it ; and, referring to a SuppleÂÂÂmental Charter of 1852 (which made certain provisions respecting medical degrees), proceeds wholly to revoke both, and then contains this recital :-" Deeming it to be fit and necessary, in order to renÂÂÂder complete and satisfactory the courses of education to be followed by the students in the colleges which have been, or may hereafter be. founded by us, our heirs or successors, under and by virtue of the provisions of the Statute 8 & 9 Viet. o. 66, that provision should be made by which such students should be enabled to obtain and reÂÂÂceive the several degrees and distinctions which are or may be granted and. conferred in other colleges and universities in our kingÂÂÂdom of Great Britain and Ireland." After that recital the charter proceeds to found and incorporate a university by the name of " The Queen's University in Ireland," which, it ordains (by section 5), shall consist of a chancellor, senaÂÂÂtors, secretary, professors, graduates, and students. It then deÂÂÂfines each of these constituent parts of the corporation. The defiÂÂÂnitions of graduates and students are as follows :-" The graduates shall be the persons on whom respectively the said University created by our said former letters patent of the 3rd day of SepÂÂÂtember, 1850, has conferred any degree, and the persons on whom the University created by this our charter shall hereafter confer any degree, after a regular course of study wholly pursued in the col 1/0/18• leges of the University, or part of it pursued in such other ways as 1867. are expressly permitted by the provisions hereinafter contained, MAC Coa- and the rest pursued. in the colleges of the University, and the per MACK v. sons on whom. the University created. by this our charter shall THE QUEEN'S confer ad eundum or honorary degrees, under the provisions here-UNIVERSITY. . mafter contained; and the students in any year shall be the per sons attending...