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Having regard, then, to the terms of the University charters and of the Act ratifying the same, and to the long and uninterrupted usage which has followed thereon, we are of opinion that women are not entitled by the law and constitution of the University of Edinburgh, as the same existed in 1869 before the Regulations of the University Court were passed, to attend the classes of the professors, or to receive instruction within the University as students, or to obtain University degrees. Whatever may be said in the way of illustration or argument, no question is here involved as requiring present decision, except the right of the pursuers to medical instruction and medical graduation in the University of Edinburgh. The pursuers declare this to be a very important question for them; and of course I assume it to be so. It is certainly a novel question. The claim on the part of women to such instruction, and to graduation as the crown of it, is in Scotland an absolute novelty. Never once during the centuries which have elapsed since the institution of this University has a woman ever taken a degree.

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If females had applied at the outset, they might or might not have been admitted, according to the views taken of the expediency and propriety of admitting them. But I fail to see that there would have been any illegality or incompetency in admitting them. The purpose of the institution was the education of the human mind,—a purpose applicable equally to males and females. The females of these days were apparently not desirous to relieve men of the heavy labour and responsibility they undertake in following the learned professions for the support of their wives, families, and dependents; and they refrained, perhaps wisely, from seeking that kind of education which, by fitting them for such labours, might have deprived them of the exemption which they happily enjoyed.

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On the faith of these Regulations the pursuers have been allowed to prosecute their studies, to spend their time and their money; and now, without any action of reduction, without any declarator of illegality, and without calling the University Court or the University Council, or the University itself as a corporation, it is demanded that these Regulations shall be utterly disregarded and treated as an absolute nullity. I am not prepared to do this. I think that to do so would be unjust as well as illegal. In pronouncing the judgment under review, therefore, I simply intended to find that the Regulations were valid and binding, and that the University Court, so far as the Regulations related to their functions, were bound to carry them out, and to give them effect; and I endeavoured to read the Regulations so as to ascertain what were the rights of the lady students and the duties of the Senatus under these Regulations.

In this view I entirely concur. I cannot hold it to be doubtful that by the original charter and Parliamentary ratification in 1621, and the other documents forming the foundation of the University of Edinburgh, the institution was framed on the footing of providing for the education of male students alone; and that any doubt suggested as to the true effect and meaning of these constitutional documents, because of the non-express exclusion of females, has been removed by the usage that has followed for three centuries. The reasoning on this point contained in the opinion of Lord Ormidale has my entire concurrence. In the first place, I am of opinion that the Senatus have not the power to direct or effect an arrangement for the attendance of women in mixed medical classes, as here concluded for. It is not the part of the Senatus to direct a change of such importance; and it would be a change opposed to the express words of the regulation of the University Court—the very regulation on which the only case which the pursuers can present must stand.

About the time of shutting the house up. Q. Did you see me at the Artichoke? A. Yes, standing at the door, and when I saw you at the police station, you had shifted your handkerchief to a black one—you kicked me on the spine, and I was in the hands of a doctor—I cannot say that you were drunk—I could not see whether any one was drunk or sober. Q. Did you see me with a pot in my hand? Yes; you had it up, not as if you were drinking, but as if you meant to do something with it. One of the women wore a shawl, and the other a mantle—the one who spoke to me first had a shawl on—afterwards, when they came up from Manchester, they were dressed in light things.


If some of the questions which have been argued were necessary for decision of the case before us, the disposal of these questions would certainly be matter of great difficulty. I have felt much impressed by the literary and historical interest of these questions regarding the origin and early history of our own Universities, and of the seats of learning in other countries. But, in the view which 1 take of the cause immediately before us, the materials for decision are to be found within more narrow limits. IV. But while the Lord Ordinary has in substance affirmed the declaratory conclusions of the summons, he has found himself obliged to negative the leading petitory conclusions. The Senatus, the University Council, and the University Court, had all the benefit of the very highest legal skill and experience. Most eminent lawyers were members of all these bodies; and the Chancellor, who put the seal of his approbation and sanction to the Regulations, holds with universal acceptance the very highest judicial office in Scotland.

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Accordingly, the pursuers themselves do not appear to desire it. Such is not the nature of the conclusions of their action at all, and none of their statements or pleas in the record are to that effect. Nor have they at any time, or in any shape, so far as I can discover, proposed to amend, restrict, or modify the conclusions of their summons to any effect or extent. I can, indeed, very well understand that such a decree as that which has been pronounced by the Lord Ordinary is calculated to operate prejudicially in place of favourably to the pursuers, for, in reference to any other steps they may find it necessary to take for the purpose of securing their objects, it might be urged against them that as they had already accepted or got a decree, it must be held to be the measure of their rights, beyond which they can have no further claim. Be this, however, as it may, these Regulations, when closely examined, will, for the reasons already stated as well as others, be found to be of little or no efficacy.

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I am a messenger in Bankruptcy, attached to the Court of Mr. Commissioner Fane. I was examined before the Magistrate—I know Robert Hackett—I saw him on 17th Aug.—he came between 7 and 8 o’clock in the evening, and stopped till about 12 o’clock—he was in the habit of coming night after night to visit my sister—he was at our house very regularly every night—he is a very inoffensive young man, and is honest and straightforward—I never saw him keep company with any lads. Where is your luncheon house? No. 2, Cullum-street, near Fenchurch-street—I received no character with him when I took him—his mother used to come to my place to buy pieces of broken glass—he has been in my employ, without interruption, twelve months. Q. You saw Robert Hackett, the younger prisoner, next at the police court, Kennington-lane?

The import and authority of the University Regulations has from my mind ultimately removed that difficulty as regards this action and these pursuers. But if their admission has been sanctioned, and the first step taken, and their course of instruction regularly pursued, and their studies completed, and their qualification ascertained by due examination, I have little difficulty in arriving at the conclusion that the usual result must follow, and that graduation must crown the studies of those who have been thus admitted, and who have successfully laboured in University education with a view to the medical profession. If all are permitted to pursue medical studies, it cannot be that the University degree—the reward and token of success—is reserved for one sex only. I am therefore of opinion that the pursuers are, to this extent, entitled to succeed in the declaratory conclusions of this action. To that question I answer, that the pursuers are entitled to receive instruction from those of the medical professors who may arrange to teach them in classes separate from male students; and that if they can thus obtain and produce evidence of having completed the prescribed course of study, and shall successfully undergo the examination prescribed for male students, they will be equally entitled with male students to medical degrees.

She said, “You don’t nail me”—I do not recollect whether I told her twice that she had passed a bad shilling before—I told her once—this is not the first time I have said anything about the man coming up—I told the prisoner she had tendered me a bad shilling before—she said she had not, and ran away, but she said, “You don’t nail me” before she ran away—I always recollected that, and I recollected about the man—this is my signature to this deposition; it was read over to me before I signed it. Q. The names of all the farms had been given to you, and you were directed, were you not, to go down into Essex to make inquiry upon the subject? Smith had been a client of Mr. Kirby for some years—I can scarcely say for what purpose he was employed by Mr. Smith. He had been drinking, I dare say, a little, but he was not to call tipsy—he was so sober as to more his purse from the side where the prisoners were sitting to his left hand pocket.

  • 11, Waterloo-place is Mr. Kirby’s office, it is the office of the Albert Assurance Company—on that occasion Coape and King executed a deed—after the execution of certain deeds, I paid over 4,000l.
  • My opinion, however, is, that the Regulations were not ultra vires.ultra vires.
  • Unless the pursuers, therefore, succeed in obtaining degrees, they will be practically excluded from the profession of medicine, for they are not in a position to demand licences from any of the authorised medical bodies, and it can scarcely be expected that they will prosecute their medical studies merely in order to be hereafter classed along with empirics, herbalists, or medical botanists, or with those who, in common language, are denominated quacks.
  • They have been regularly published in the University Calendar, and it is upon the faith of them that the pursuers have commenced, and to a certain extent prosecuted, at great expense both of money and of time, the professional study of medicine in the University of Edinburgh.

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Tell me the first day I came to your house about this transaction? On Sunday, 5th Aug.—that was the time I bought the twenty bobbins—I gave you 12s. For them—you asked me 1s. A bobbin—I said I did not know the value of them—I offered you 10s., and I gave you 12s.—Mr. Richardson did not say anything about 2s. When I had the money in my hand—he did not say”, Give him 9s., that will be 1s. for interest”—the only thing you said was, that if you got on you would give me 1s.

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If, then, in Scotland there is no inherent illegality in women studying medicine and obtaining degrees therein, it is scarcely necessary to add that there can be no inherent illegality in women practising medicine as a profession. It would indeed be strange if women, merely on account of their sex, were by law excluded from a high and honourable calling, for most departments of which they are peculiarly fitted, and for some departments of which they seem to be by nature almost exclusively designated. The law of Scotland, like that of many other countries, has in many instances been unjust to women, but it has never gone as far as to exclude them from the legal practice of medicine as a profession. It is a fact, whatever may be its effect in law, that no university in Great Britain has ever yet granted a medical degree to a lady. The medical register of Great Britain only contains the names of two female practitioners—Dr Elizabeth Blackwell and Dr Garrett Anderson. Dr Blackwell obtained her degree in America, and being in practice in Great Britain before 1858, she obtained registration in virtue of the exception in the Act.

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It was not to say clear daylight—I saw the other person go into the gate—I cannot undertake to say whether he went into the house. He spoke that quite temperately, did not he? He spoke it—the prisoners are all navigators, and were to go to the. Crimea the next day—I do not remember seeing one man drunk—probably they might have been excited by liquor, but they did not stagger about as if they were drunk—they had been about that neighbourhood several days, and very much alarmed the neighbourhood—there were 200 or 300 of them—I believe they did no work—I do not know whether all the others have embarked—I cannot say how many were about in this affray—there was a great confusion—I am certain that all these prisoners were there—I am certain I am not mistaken as to the part they took. I was very much in liquor at the time I paid the money.

Yes; I compared it at the time—I would not swear that I compared it word for word; but he either read it over, or I did—I must first tell you that I handed him a piece of paper with the particulars in my own writing; it was very roughly written, and he copied it afresh—the best of my recollection is, that the fee simple property was about 1,500l. Are you frequently called in to do this sort of thing? Not very frequently—I do not suppose I have had a score of cases in the course of my practice, which is fifty-five years, and those in very recent times—the last was about a year and a quarter ago—all of them have been in the course of the last five or six years—it is a new practice—I did not read it over to him, that was no part of my duty—all 1 know is, that the declaration was made to me in the usual way—I know nothing beyond that—all I look to is, that the party signs it in my presence, that it is hit proper name and handwriting, and he believes the contents of the declaration to be true—I did not hear it read to him. King required the money—I do not know that it was said he had debts of honour—Mr. Rogers, I believe, supplied Mr. Kirby with the chief part of the information for the bond—when Mr. Kirby required information, he wrote to Mr. Rogers for it—I went down to Maldon, in Essex, in May—I went to make inquiry upon the subject of the allegations contained in the deed—I went with the agent of the Albert Insurance-office, just to check the statement of the parties—the negotiation for this loan had begun in February. Q. What part, if any, of that deed was read to the parties before it was executed?

The various professors in the University of Edinburgh have their rights secured to them, and their duties defined by the terms of the commissions which they hold, whether from the Crown or from the other patrons of their respective chairs. In some cases those duties are expressly indicated, as for example, that of “giving a course of public lectures,” in others by reference to custom, and in all by reference to the place and office of the former professor, as being the measure of the duties which are to be required of the present holder of the chair. A decree in terms of the conclusions of the summons would impose on the Senatus Academicus an obligation to attempt to alter and extend the duties of the individual professors beyond the scope of their commissions. Their patrimonial interests are therefore involved to a serious extent in the results of this action. Binance, the biggest cryptocurrency exchange intends to initiate a token airdrop as a part of the organization’s acquirement of JEX, a crypto-resource exchanging platform. Besides, Binance, the most significant cryptocurrency trade by volume, reported an extensive airdrop program as a part of acquiring the futures trading platform JEX, which would be rebranded as Binance JEX …The post Binance is Launching Token Airdrop as a Part of JEX Acquisition appeared first on CryptoNewsZ.

  • I do not wonder at this feeling, and I confess that, if the pursuers’ claims were to be held as entirely dependent on the Regulations of the University Court, I should consider this state of things as a great calamity to all concerned.
  • A. Yes; and I gave him into custody to another police-man at that spot, without losing sight of him—I had him all the time in my hand—I seized both prisoners at once.
  • I met Mrs. Sands in the Water-works—before I met her I had met Day and Haver and another boy—I had not met any other boys after I met them before I met Mrs. Sands—there was no turning in the street where I met them and met her—they were running—I had known them before by sight.

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. On Tuesday, 7th Aug., the prisoner was given to me by the last witness—he was taken before the Magistrate at Worship-street, and discharged, that being the only case—I produce this crown piece which I received from Mr. Page—I found on the prisoner is. 6d. In good money, and some coppers. Insolvent Court; in your opinion and judgment, is that a reasonable valuation? I think it is, certainly—through the sales being forced on, I have no doubt but that the actual value was not realized; as far as the life estates were concerned, most materially so—I was myself instructed to bid for a much larger amount than the property was sold for, but I did not do it, because I got it for Mr. Coape’s brother at a more reasonable rate but I should have gone higher, and at a rate which would have brought the whole proceeds of the life estate to upwards of 15,000l.—they were sold for something less than 11,000l., leaving Mr. Coape’s interest in two properties unsold, which I was instructed to bid 19,000l.

A. Yes—his hearing lasted four days—he reiterated the statement with respect to the money having got into other hands—the matter was asked to be postponed, for the purpose of contradicting it, but the Commissioner gave credit to Mr. Coape’s statement—he said that he believed he had been the victim, and discharged him at once—it was Mr. Commissioner Phillips—at the time the defendant swore to this schedule, he estimated his property, freehold and leasehold, at 29,463l. 11s., and the incumbrances at, I think, 16,000l.—there would be the 8,000l. Likewise to be deducted—that would be 24,000l., and that leaves, according to his statement, a sum of 5,000l. For the body of general creditors—that is the lowest estimate he put on it—in my inquiries to ascertain from him what he knew about his property, I found that he was unfortunately not acquainted with it—I obtained my information from the documents, and from his mother—he appeared to have very little worldly wisdom in those matters—I found him disposed to tell me all he knew, and to give me the best information he could—a meeting of creditors was called at my office to make a composition, on the assumption that there would be enough, after paying off all incumbrances, to satisfy the creditors, by an instalment of 6s. In the pound—from beginning to end he was anxious that the whole should go to his creditors—not a single farthing of what the money lenders let slip, came into his hands—he said several times that he was duped out of his money. Decided that the witness could not look at the paper)—I cannot tell you what passed between me and Mr. Coape—I will swear that he said that the fee simple property was more than 1,000l.

Do you know that Conton’s mother lives at Manchester? A. I do not—no letter was found on her—I have never mentioned this conversation to any one before—I was examined before the Magistrate, at the Mansion House, and stated all about this conversation—it was taken down, and my depositions were read over to me. Q. You afterwards found him at his house? Yes, we found it from a relation of his—I inquired of persons and could not find out where he lived—he was at work when we apprehended him, at some buildings at Hudson’s New Town. Q. Was the prisoner employed by you as contractor for plasterers’ work? Yes; I paid him 17l.

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