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A small token of our great appreciation is on its way to you. The property and negotiated the final sale with a minimum of fuss. Living so far away it has been very reassuring to know the house sale was being dealt with so competently. We are also very pleased with the sale price and this is due we think to the strategy you used regarding bids. During the time the property was on the market I was kept well informed and only chose to meet with Gill once, to formally review progress and discuss the local market.
Maybe I was just too young to form my own perceptions and opinions. I felt I was the token member of any group, school and society. I definitely shirk at the mere sight or mention of “commitment to equality and diversity”, “equal opportunities” and including ethnic minorities nowadays.
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Were you present when this coat was shown to Murray? A. Yes—the other prisoners were near enough to have taken the coat without his knowing it—they were quite close to it. Q. Had Mahoney any opportunity of assisting the other prisoner?
The tickets and certificates of extra-mural Lecturers, as well as of Professors in other colleges, have been, and I understand still are, accepted as sufficient with reference to certain branches of study, and it does not prevent this from being a substantial advantage to students that the authorities of the University have no compulsory powers over the teachers or Professors from whom these tickets and certificates are to be obtained. The Senatus decided that women were to be allowed to matriculate and pass preliminary examinations in Arts as heretofore, so long as the present Regulations remained in force; that the women then ready to proceed to their first professional examinations were to be admitted to it in the usual course, with the understanding that certain legal questions (relating especially to the qualification for graduation of certain extra-mural classes in which the women had studied with male students) were reserved. At a meeting on November 30th, the University Court agreed that the women’s attendance at these classes should not be considered vitiated by the fact of their attendance with male students. The pursuers, Mrs Thorne and Miss Pechey, were accordingly admitted to examination, and passed successfully; and they and other women, to the number of 28, matriculated in the University. I live at No. 31, King-street, Kent-road; I am a horse-keeper keeper in the South Western Rail way. On the morning of 25th July I was walking past the house, No. 1, Terrace, Old Kent-road—I looked round, and saw a person beckon to some one to come out of the house—I did not stop, but directly I saw two persons come out at the door at the side of the house, and the three walked together for a short distance, and then one who had a cloak on advanced a little way ahead, and they kept that distance till they got to the end of Kent-street—the prisoners are the two persons that came out of the house—Gover was the one with the cloak.
Francis was not a well man and died of consumption later in 1918, aged just 39. He had already engaged an assistant, Sydney Ware, who took over the management of the business, the ownership of which passed to other members of the Wigram family. More details about the families of Francis Wigram and Sydney Ware are given at the end of this account. Q. You have mentioned Bavington, Collins, Sheppard, Dixon, and Kemmish as being in the room, and that Collins struck Cannon on the head; what did the other men do? I live at No. 11, Great White Lion-street, Seven Dials.
Within five days of going to market we had secured an offer for the asking price.
Without these Regulations the answer would be conclusive, that there were no arrangements made for the instruction of female students in medicine; and I know of no power short of statute which could compel the University authorities of any University to make such arrangements. Arrangements of this nature must almost of necessity be different in different Universities. It may be easy and expedient in one University to make arrangements for the instruction of females either in medicine or in music, or in any particular science, when it would be impossible or inexpedient to do so in another University.
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On the 14th July I was in the beer shop of the prisoner, No. 21, Spring-street, Paddington—just after 4 o’clock I saw the prisoner and his wife inside the bar—the little boy was there, crying—the prisoner had a cane in his hand, and he wanted to strike the boy—Mrs. Watts came outside the bar—I said to her, “Don’t cry, Mrs. Watts”—she had before served me with some beer—she was not the least the worse for liquor—after I had my beer I went out, and left her in the bar—I never saw any more of her. How long is it since she has been at your house? I am a dressmaker; my husband is horse keeper to a cab proprietor. Mr. Coape was examined before the Insolvent Court?
- The signature of Frederick Moul to this deed I believe to be the prisoner’s writing—after the deed was signed, I paid the prisoner some money—I do not exactly recollect how much it was, it was by cheque— this is not the cheque I paid him—I did not give him any money in cash—I was not present when the deed was signed—I had seen the deed—I do not think it was ever in the presence of both of us after it was executed, when we had any transaction; I do not remember—at the time the piece of paper was given to him, I had some conversation with him—he thanked me for the money—I gave him some, and he could not give me the difference, and he was to remit it to me—it was a small balance.
- I remember the morning when the prisoner was taken into custody at the Post Office—I took several bags of letters to him that morning—he was in the North Western division—I took them to him as I found them.
- The Doctorate, it will be remembered, is not a mere trade—it is an office, and in law, I think, a public office—a munus publicum.munus publicum.
At all events, compulsion or authoritative direction was not contemplated in the resolutions. The pursuers having thus, as I conceive, failed to show that they have any legal right to demand admission to the privileges of students in the University, while it is beyond question, on the other hand, that under the foundation deeds males have that right; the remaining branch of this case must, I apprehend, be dealt with on the footing that the main fundamental object and purpose of the founders of the University of Edinburgh was to establish an institution for the education of the male sex; and that the University is, therefore, one which by its constitution is limited to males. And if that be so, it appears to me to follow that the defenders will be entitled to be assoilzied from the whole conclusions of the present action, unless it can be shown that, in respect of some Regulations which the What is Swarm City Token governing body of the University was empowered to pass, the pursuers are entitled under this action to insist upon being admitted to the study of medicine to the extent that may be necessary to enable them to proceed to graduation, and are entitled to obtain a decree to that limited and qualified effect. I am master of the Air schooner, lying off Wool Quay. I was in a public house in Tower-street on the night before I went before the Magistrate—it was about 4 o’clock in the afternoon—I had a glass of rum—I was perfectly sober—I met with the two prisoners and another, in the public house—the other went away—the prisoners stopped there—I was just done drinking the glass of rum when I got into conversation with them, and we went to a coffee shop and had a cup of coffee apiece—I paid for it—I took my purse out of my pocket, and gave the woman half a crown to pay for my coffee—there was 10l.
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Q Your house is kept open very late, is it not? Never after 11 o’clock—I am not an Englishman—it is frequented by Germans and Frenchmen, as well as English—it is not a late house, 11 o’clock is the time to be always closed; it may sometimes be 5 minutes after 11 o’clock—only my lodgers are let in after 11 o’clock—I have three lodgers—I do not let people in for other purposes after 11 o’clock—there is a yard at the back of my house; it is closed in, but not covered over—there are other yards close to it covered over—Mr. Emery’s house is next to mine, there is a yard to it, but it is covered over with leads—a person could drop from those leads into my yard—they can go from those leads all across, but there is no yard but mine that they could drop into, they are covered over—sometimes the lodgers go out into the yard, and leave the back door open. You could see the place where she fell? I am a boot and shoe manufacturer, at Irthling borough, Northampton shire. I know the defendant—I have had two transactions with him—the first was on 14th Dec.—he came to me inquiring for goods—he said he was a shoe seller, in High-street, Camden-town—he asked for goods, but I had none of those he wanted in stock—he said he had got the money in his pocket to pay for anything be bought—he said he was doing a large business—he gave an unlimited order—that was when he accepted the bill for the first amount—he bought goods to the amount of 100l.
Considering, as I do, that these Regulations are beyond the powers of the University Court that passed them—that is to say, in the sense which the pursuers have put upon them—I consider it quite unnecessary in order to set them aside that a reduction of them should be brought. The University Court has no authority over the University or over the Senatus Academicus, except within the province which the statute has assigned to it. Beyond those limits it has no standing, and its dealings and declarations are mere waste paper. I have dwelt thus long on a point virtually conceded by all the consulted Judges because I think the condition of matters prior to the late Regulations is of the utmost importance, and because the strength and solidity of the considerations which determined the old practice and constitution of the Universities enable us better to decide whether these could be, and have been, effectually changed in the case of the University of Edinburgh. To conclude, I agree with him, and with a majority of the whole Judges, in thinking that the defenders ought to be assoilzied from the whole conclusions of the action.
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The right to eventual graduation is, I think, fairly implied under the second head of the Regulations, which provides for “the instruction of women for the profession of medicine,” contrasted with the fourth head, which provides, conditionally, for the instruction of “women notnot intending to study medicine professionally. The pursuers have expended time and money on the faith of the Regulations, as set forth in their third plea in law, and a construction which would defeat the plain object of the Regulations is, I think, altogether inadmissible. The University was founded by Royal authority, and by Royal authority alone can its constitution be altered and extended. The main propositions, sought to be established in this action are clearly enough stated in the 1st and 2nd pleas in law set forth in the record, viz., That according to the law and constitution of the University of Edinburgh women are entitled, on payment of matriculation and Professors’ fees, to attend the classes of any professor as students, and are entitled to demand instruction from such professor, which he is bound to give them; and that according to such law and constitution women are entitled to obtain degrees in medicine on proving that they are qualified in point of attainments and knowledge for that distinction. The conclusions of the summons distinctly raise these matters for the decision of the Court, on the ground of legal right in the pursuers to have decree of declarator— that they are entitled to attend the classes and to receive instruction from any of the professors on the same footing with other students; that they are entitled to have instruction for graduation in medicine; that they are entitled to have such instruction as will qualify them for examination for degrees; and that the defenders are bound to act so as to give full effect to the rights of the pursuers thus to be judicially declared. Then follow petitory conclusions, in which, as the necessary sequence, decree against the defenders to give effect to these rights is demanded—without which the mere declarator sought would be useless for any practical purpose.
I think this is a question of purely academical administration, and that it should be relegated to that department from which it is unfortunate for all parties that it ever was removed. Lord Neaves—I am of opinion that the interlocutor under review ought to be recalled, and that the defenders ought to be assoilzied from the whole conclusions of the action. For the reasons I have now stated, I am of opinion that the interlocutor under view is erroneous; that it ought to be recalled; and that the defenders are entitled to absolvitor from the present action as laid. I have only further to remark that, if the pursuers have failed, as I think they have, to support their claims consistently with the constitution of the University, whether considered in connection with the Regulations of the 10th of November 1869, or independently of these Regulations, it is unnecessary to inquire whether any other, and what, remedies are open to them. I may, however, be permitted to remark that if it be desirable, and for the interests of the country—and I do not say it may not—that women should receive University education to qualify them as medical practitioners, it rather appears to me that it is for the Crown or Legislature, and not this Court, to determine upon what footing, and under what arrangements, this should be done. As regards the petitory conclusions with reference to examination and graduation, I think these should be dismissed as premature, in so far as directed against the Senatus Academicus, and as out of place in so far as directed against the Chancellor, who has all along been ready and willing to act upon such recommendations as may be duly made to him.
But, on the whole, I think the defenders have entirely failed to prove that graduation is, or has ever been held to be, among the great Continental Universities, beyond the ambition of a woman; or that there exist any solid grounds, even could the question be raised in this action, for questioning the power of the University authorities to pass the Regulations in dispute. This leads me to the consideration that very weighty reasons may have operated https://cryptolisting.org/ on the national mind in constituting and continuing the Universities as exclusive schools for the academical education of young men. It is not necessary that we should adopt all the views of our ancestors in this respect. It is enough if we see that such views existed, and were entertained with an earnestness that acted forcibly on the national willnational will, which, after all, is the great foundation of all laws and public institutions.
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Q. Did you find the watch? No—the mate was examined, and swore to the prisoner—he is not here—he was not bound over. You were examined at the Police Court? A. Yes—I told them what I have told you—I went away before my master left the Court—I ran on board the ship.
These are my boots—I know them by private marks upon them—I have the same mark on all boots of this quality, but I had only had these in on the previous day—they are my own make—the boy is not allowed to sell in my absence. Yes; he has contracted with me altogether to about 100l., but I have unfortunately stopped for a little while, and there is about six weeks’ work under his contract uncompleted—when it is completed, about 35l. Will be owing to him—he has materials to find—I have known him about nine months—when he told me he would make recompense for what be had done, he said that he found them on the grass plot. Q. I asked you if I might leave two coats? I said you might leave the bundle, and you said that you were afraid your wife would sell it for drink—I did not see what was in it—you had them next morning and sold them.
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And if this be the true meaning of the Regulations, they cannot, I conceive, be founded upon by the pursuers to establish the claim, or any part of the claim, made by them under the present action; unless it can be shown that the University Court, as the governing body of the University, had a discretionary power, either at common law or in respect of the provisions of the Act of 1858, to make regulations for the admission of females as well as males to the rights and privileges of students. Lastly, I am of opinion that women, being entitled to enter on such study, and to be admitted to examination with the view to the medical profession, are, on the completion of their studies, on their complying with all the conditions imposed by law, and on passing their examination, and being found duly qualified, also entitled to demand and obtain the usual medical degrees. I think that the University gradusgradus, to which their title is recognised and their admission sanctioned, is incomplete without graduation, assuming that, as the end of the study and the result of the examination, the women who seek graduation are found qualified. I agree with the Lord Ordinary in holding that graduation is “the indefeasible right of the successful student,—the fitting termination and crown of completed study.” To admit the pursuers to the study of medicine with a view to the profession of medicine, and to admit them to the testing of that study by examination, and then to refuse them graduation if duly qualified, would be to mock them after encouraging them to hope and stimulating them to effort.
Clothes are not mine now”—they lived in the top front room—I found this box, which is directed, “Mary Conton”, at Great Cambridge-street produced)—one said, “I have two shawls there”; and the other said, “The things there are not mine now.” What was the time when she came? About a quarter to 4 o’clock, I think—I said before that it was half past 3, or from that to a quarter to 4 o’clock—she did not give me the note, and ask me to give her 10l.—I have been there three years and a half—I have no recollection of her dealing there on and off for the last eighteen months—I do not remember having seen her before; she may have been there without my having served her. Have you talked to your grandmother about this? Yes—I was at the Mansion House, and I thought I saw one of them there, the one on this side—they were all standing in a row before the Magistrate—I went with my grandmother and Mr. Isaacs, a policeman—we talked about it going along, and he told me that I was going to the Lord Mayor to identify the women, and when I got there there were two men standing in front—these women were pointed out as the women I was to identify. I have witnesses to prove that I was at Hampstead, and not near the place at the time.
In this state of the law—there being an undoubted category by which females, in consequence of their sex, are excluded from certain functions competent to males—it becomes a question depending upon the general evidence, and upon the actings of parties, whether the privileges, honours, and functions connected with University education were designed for men alone, as they have been so enjoyed, or were designed for young men and women indiscriminately. In regard to the Regulations of 1869, I am of opinion that the Act of Parliament passed in 1869, under which the Senatus professed to act in passing these Regulations, gave them no power of so far subverting the original constitution of the University as to admit female students within its walls for matriculation and regular education in any of its faculties. On this branch of the case I have had the privilege of seeing and deliberately considering the judgment which my brother Lord Cowan has just now delivered, and I concur with his Lordship in all that he has said. Upon this question, as to the weight due to contemporaneous and. Adverse usage, as interpreting the true meaning and effect of deeds or Acts of Parliament which are in any respect doubtful or obscure, I can add nothing to the views which are so fully explained by Lord Ormidale in his opinion on this branch of the case, in which I entirely concur, based as that opinion is upon the application of rules of construction which have been laid down in a series of decisions in the Court of last Resort of the most authoritative description, as well as upon the decisions applicable to the analogous question of the admission of females to the elective franchise to which he refers. I do not say that every alteration in the arrangements of the University which the University authorities adopt is necessarily an improvement.
- Q. Did you not before the first transaction buy a quantity of goods of Pawling?
- I internalised the ignorance and disgust at my own community of people.
- The University Court is the ultimate Court of appeal for the regulation of the whole studies within the University.
- I live at Stratford.
- To it is finally committed by statute the discretionary power “to effect improvements in the internal arrangement of the University,” certain safeguards being provided under which this power shall be exercised.
I cannot consider it to be mere matter of arrangement whether one-half of the population has or has not a right of admission to the University. To admit those who, in consequence of their sex, had no legal claim to University study, and to declare that they now should have such a claim, appears to me to be an essential and fundamental alteration, or rather subversion, of the established consuetudinary constitution of the University, which it is wholly beyond the power of a University Court to effect. To a great extent this has always been our own law.
But if I mistake not, there is no well authenticated instance of the latter practice, although undoubtedly there are many instances of the former. Keeping these observations in view, I observe firstfirst—As the basis of this inquiry, it must be held, if the foregoing reasoning be well founded, that anterior to the Act 1858, and according to the law and constitution of the University as then established, male students alone could be received within its walls for education. And taking this to be clear, it is for consideration whether the statutory powers conferred upon the University Court by the Statute 1858 confer on that Court authority so far to alter or modify the established constitution of the University as to admit female students to be matriculated with a view to examination and graduation, whether for the medical or any of the other faculties. This seems to me to be the issue on which the decision of this case depends.