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APPENDIX XIX.AN ROINN OIDEACHAIS—OIDEACHAS NAISIUNTA.THE REID BEQUESTA revised scheme for the administration of this Bequest has been approved by the High Court of Justice of Saorstat Éireann and is set out herein. Applications under Section “B” of the Scheme should reach the Department of Education through the Principal of the Training College not later than the 1st November in the year in respect of which the application is made. Applications under Section “C,” which should be accompanied by evidence of matriculation, should reach the Department of Education on the prescribed form not later than 15th October in the year in respect of which the application is made. SEÓSAMH Ó NÉILL, Rúnaí. Roinn Oideachais, Sráid Maoilbhrighde, Baile Átha Cliath. Feabhra, 1935. 1932. No. 277 SAORSTAT EIREANNHIGH COURT OF JUSTICECourt 6 TUESDAY, the 31st day of July, 1934 Before Mr. Justice Johnston.
UPON MOTION of Counsel for Plaintiffs and upon reading the Order herein dated the 23rd day of November, 1933, and the amended scheme settled by the Examiner pursuant to said Order and upon hearing what was alleged by said Counsel and by the respective Counsel for the respective Defendants: BY CONSENT, the COURT DOTH HEREBY FIX the 15th day of October as the date to be inserted in the third proviso in part “C” of the said Scheme as the latest date in the year in which an Award of an Exhibition within the said Part “C” is to be made, for the receipt of applications from students of Trinity College exclusively: AND the said date having been duly inserted in said Scheme accordingly: THE COURT DOTH APPROVE of the said Scheme (a copy of which is annexed hereunto) and DOTH ORDER that in lieu of the direction contained in said order as to filing a copy of the said amended Scheme the said Scheme be filed in the Central Office and be the Scheme for the future regulation and management of the Charity in the title hereof mentioned: AND the Court DOTH DECLARE all parties entitled to their respective costs (as between Solicitor and Client) of and incidental to this Motion (to be treated for purposes of taxation as a Motion on Notice) when taxed and ascertained— said respective costs of the parties other than the Attorney-General to include the costs of two consultations and said costs of the Attorney-General to include the costs of one consultation only, and all said costs to be paid as to one-tenth thereof out of the funds of said Charity applicable to part “B” of said Scheme, and as to nine-tenths thereof out of the funds of said Charity applicable to Part “C” of said Scheme. COPY OF SCHEME hereinbefore referred to: WHEREAS Richard Tuohill Reid, LL.D., of Bombay, by his Will dated 22nd day of September, 1881 (inter alia) directed that his trustees should stand possessed of his estate and shares stocks funds and securities Upon Trust as to the funds belonging to him at the time of his death, in the Government of India 4½ per cent Transfer Loan of 1879 to transfer the same and the income thereof to the Commissioners of National Education in Ireland for the encouragement of Education in the Testator’s Native County of Kerry and to be applied by them more particularly for the following purposes that is to say: TO PAY out of the income of the said fund yearly an honorarium not exceeding twenty-five pounds to the County Inspector of the Commissioners Schools in consideration of the special duties which would devolve upon him in carrying out the said gift and to apply the remaining income of the said fund as nearly as might be in equal proportions for the following objects (a) to assist boys of limited means belonging to the said County and enable them more effectually to attend the ordinary schools of the Commissioners in the said County by gifts of books and clothes AND if they should be poor orphans or otherwise unprotected by paying for their board and lodging in well conducted families such assistance to be continued until such boys should have obtained the best education that can be given in any of such ordinary schools of the Commissioners including the voluntary classes for the highest subjects such as Latin Greek or French but to be determinable at any time in case of immoral behaviour negligence in attendance or gross incapacity the mode of bestowing such assistance to be recommended from time to time by the County Inspector and approved of by the Commissioners (b) to assist boys of limited means belonging to the said County who may be desirous of devoting themselves to the career of Teachers (and may be considered suited for the same) and enable them more effectually to pursue their studies in the Training Schools of the Commissioners in Dublin the mode and character of such assistance to be determined by the Commissioners after consulting the County Inspector (c) to assist by pecuniary endowment students from the said County of distinguished merit in the training establishment of the Commissioners in Dublin or Teachers employed therein being Kerrymen so as to enable them to enter Trinity College and pursue their studies therein until they should have obtained the Degree of Bachelor of Arts PROVIDED their progress in the University be such in the opinion of the said Commissioners as to merit the continuance of such assistance their functions and duties in the Training establishment of the Commissioners to continue meanwhile in such a way as not materially to interfere with their University studies the object of the provision being to educate a superior class of Masters and Inspectors AND the Testator directed that his trustees should not transfer the said funds or income thereof to the said Commissioners unless and until the said Commissioners should have adopted a scheme or resolution embodying the above objects and undertaking to apply such funds and the income thereof for the purposes aforesaid but upon such being done Testator’s trustees should transfer and pay over the said funds and the income thereof to the said Commissioners and should thereafter be in no way bound to see that the same are applied for the purposes aforesaid or be answerable for any misapplication or non-application thereof AND the Testator authorised the said Trustees if need be to modify the purposes for which the said funds and the income thereof should be applied but not so as to depart from the main principles above set forth AND Testator directed that all costs and expenses connected with carrying out the terms of the above gift should be borne and paid out of the funds so to be transferred or the income thereof AND WHEREAS the said Testator died on the 11th day of February, 1883, without having altered or revoked his said Will Probate whereof was granted by the Probate Division of the High Court of Justice in England on the 25th day of April, 1883 AND WHEREAS the Commissioners of National Education in Ireland with the approval of the Trustees of the said Will adopted and signed a Scheme authorising the awarding of prizes to male monitors of the National Schools of the County of Kerry according to a scale set forth in a Notice published by them and dated 1st day of January, 1886, and also in pursuance of the express stipulation of the Testator proposed to apply Eighty pounds a year to the maintenance of two Reid exhibitions in Trinity College, Dublin, of the value of Forty pounds each to enable students of the County of Kerry who successfully passed the final examination at the close of their course of training in the Training Establishment of the Commissioners in Dublin known as Marlborough Street Training College to matriculate in Trinity College, Dublin AND WHEREAS the Trustees of the said Testator’s Will transferred to the said Commissioners of National Education the sum of nine thousand four hundred and thirty five pounds in respect of the said bequest AND WHEREAS the said Commissioners of National Education in Ireland have been dissolved and the Department of Education for Saorstat Éireann established in place of the said Commissioners AND WHEREAS there is now standing in the names of the Commissioners of National Education on behalf of the Department of Education for Saorstat Éireann ten thousand one hundred and seventy five pounds in four and a half per cent Third National Loan, 1950-70, and some cash representing the funds subject to the said Charitable trust AND WHEREAS the said Commissioners of National Education in the year 1914 revised their arrangements for the appointment of Monitors and their terms of service AND WHEREAS the said Department of Education in recent years altered the method for securing entrance to Training Colleges for the training of National School Teachers from the King’s Scholarship Examination and the Easter Scholarship examination to competition on the result of the Leaving Certificate examination of the Secondary Schools programme AND WHEREAS the Marlborough Street Training College has ceased to exist for several years past AND WHEREAS in recent years the number of students from the County of Kerry entering the Training Colleges for National School Teachers situate in Dublin has been small and only a few teachers who were eligible for the award of Reid Exhibitions have within recent years graduated in Trinity College, Dublin AND WHEREAS in order to make the said bequest more widely available and to carry out the Charitable intentions of the Testator it was considered expedient that the existing Scheme should be amended as provided by the Scheme filed on the 30th day of January, 1919, in accordance with an Order of the Master of the Rolls AND WHEREAS on application made to the High Court of Justice of Saorstat Éireann by Summary Summons in the matter of the said Charity (Record No. 1932 No. 2770) it was considered expedient by the Court for the purposes aforesaid that the Scheme for the administration of the said Charity filed on the 30th day of January, 1919, should be further partially amended AND WHEREAS in pursuance of the said Scheme of 30th January, 1919, the stock and balance of cash then in the hands of the Commissioners for National Education was divided into thirds and one each of the said thirds was separately applied for the purposes of and in accordance with the provisions of the said Scheme and in particular of Parts A, B and C, respectively thereof AND WHEREAS the separate amounts at present in the hands of the Department of Education for the purposes of Parts A, B and C of the said Scheme (making together the amount of Third National Loan and Cash hereinbefore mentioned) represent the said thirds and also the three sums referred to in the first three paragraphs of the Scheme set out hereunder as “One third of the said War Loan stock and one third of the balance of the said Cash” IT IS HEREBY ORDERED that the funds of the said Charity shall be applied and administered in accordance with the following Scheme:— SCHEME for the Administration of the RICHARD TUOHILL REID’S CHARITY. ON AND AFTER the 1st day of July, 1920, one-third of the said War Loan stock and one-third of the balance of the cash or the stocks funds or securities from time to time in hands of the Department of Education for Saorstat Eireann representing the said third after providing for liabilities already incurred under the existing Scheme shall be applied by them for the purposes set out in Part “A” of this Scheme ON AND AFTER the 1st day of July, 1931, one-third of the said Stock and one-third of the balance of said cash or the stocks funds or securities from time to time in the hands of the Department of Education for Saorstat Eireann representing the said third after providing for liabilities already incurred under the existing Scheme shall be applied by them for the purposes set out in Part “B” of this Scheme ON AND AFTER the date of this Scheme one-third of the said War Loan Stock and one-third of the balance of the Cash or the stocks funds or securities from time to time in the hands of the Department of Education for Saorstat Eireann representing the said third after providing for liabilities already incurred under the existing Scheme shall be applied by them for the purposes set out in Part “C” of this Scheme. PART “A” EVERY three years commencing on the 1st day of July, 1920, the Senior Inspector for the County of Kerry shall select six of the most efficient National Schools attended by boys in the said County and the income of the said stock applicable hereto and the said Cash shall be distributed annually among the said Schools. The amount to be allocated to each such School during the said period of three years shall be fixed by the said Inspector with the approval of the Department of Education for Saorstat Eireann and shall be applied for the purpose of assisting boys of limited means to attend the schools more effectually by providing such pupils with books and clothes or by the payment of money for the use and benefit of such pupils. THE distribution of any money so allocated to each School shall be entrusted to the Manager thereof and it shall be the duty of such Manager after consultation with the teachers to select the pupils to whom such awards shall be made. AT the end of each year the Manager shall submit and vouch an account of all sums expended under this Scheme for audit by the Inspector. THE mode and condition of distribution by the Manager shall be such as shall be recommended by the Inspector from time to time and approved by the Department of Education for Saorstat Eireann. ALL awards to pupils shall be determinable at any time in case of immoral behaviour negligence in attendance or gross incapacity. PART “B” This Section of the Scheme shall apply to Candidates admitted to the Training Colleges in any year after 1st day of July, 1931. PRIZES of Twenty Pounds each (payable in two equal annual instalments) shall be awarded each year to the five best male candidates from the County Kerry competing at the Leaving Certificate (Secondary Branch) examination of that year who are successful in gaining admission to one of the Training Colleges for the Training of National School teachers recognised by the Department of Education for Saorstat Eireann. The method of selection shall be according to merit as determined by the Department of Education in its absolute discretion. These prizes shall be paid out of the income of the said stock applicable hereto and the said cash. If any portion of income of this fund shall be unapplied in any one year the Department of Education for Saorstat Eireann may either apply it towards granting an additional prize or prizes in any subsequent year or in increasing the amounts of prizes already awarded or they may invest same to the credit of this fund in which case the income arising therefrom shall be applied towards the purposes set out in Part “B” of this Scheme. If at any future time the income of the fund shall increase or diminish the Department of Education for Saorstat Eireann shall be empowered to increase or diminish the amount of the above prize rateably. PART “C” This Section of the Scheme shall come into operation on the 1st day of July, 1934. TWO REID EXHIBITIONS of the value of Forty Pounds each p.a. or one of Eighty Pounds per annum at the discretion of the Department of Education for Saorstat Eireann tenable for not more than four years may be awarded male students past or present or teachers (natives of the County Kerry) of any of the Training Colleges recognised by the Department of Education for Saorstat Eireann who shall have matriculated in Dublin University and entered Trinity College, Dublin, to enable them to proceed to their Degree in Arts in the said University provided that any Exhibitioner who shall fail in any year to pass the examination or examinations necessary to proceed to his next College year shall thereupon forfeit all right to any future payment of such exhibition. THE exhibition shall be awarded by the Department of Education for Saorstat Eireann according to merit as shall be determined by them in their absolute discretion provided however that in case no male student or teacher of sufficient merit shall be available for an award of an exhibition then vacant the Department of Education for Saorstat Eireann may in such case award the exhibition to a female student past or present or teacher who shall fulfil the necessary conditions and who shall be deemed by them to be of sufficient merit PROVIDED ALSO that in case no application shall have been received on the 15th day of October in the year in which an award of an Exhibition then vacant is to be made from a Student of Trinity College, Dublin, the Department of Education may in such case award the Exhibition to a male or female student past or present or teacher (such student or teacher being a native of Kerry) who shall fulfil the necessary conditions and who shall be deemed by the Department to be of sufficient merit and also shall have been matriculated in the National University of Ireland and shall have entered one of the Constituent Colleges of the said University. Such exhibition or exhibitions shall be awarded upon the same terms and shall be subject to the same conditions as an exhibition awarded in Trinity College. These exhibitions shall be paid out of the income of the said stock applicable hereto and the said cash. If any portion of the Income of this fund shall be unapplied in any one year the Department of Education for Saorstat Eireann may either apply it towards granting an additional exhibition or exhibitions in any subsequent year or increasing the amount of exhibitions already awarded or may invest same to the credit of said fund in which case the income arising therefrom shall be applied towards the purpose set out in Part “C” of this Scheme. If at any future time the income of the fund shall increase or diminish the Department of Education for Saorstat Eireann shall be empowered to increase or diminish the amount of the above exhibitions rateably. Dated this 31st day of July, 1934. E. J. MURPHY, Registrar. |
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