ships.

For four years.

For four years from 1882.

6. That the office be established in the first instance for four years only.

Continued for four years from Midsummer, 1882, by

Grace 1 June 1882.

Professor of Mineralogy.

For the Stipend of the Professor of Mineralogy, see pp. 266 and 267, and for compensation for loss of Fees for attendance at Lectures, see p. 241, all in the edition of 1877.

Sir Thomas Adams' Professorship and other Professorships.

Professor of Music.

(The Professor of Music has no special endowment and is not governed by a special Statute; but he has duties assigned to him in Stat. A. II. 14.)

That the amended Report of the Council of the Senate dated March 1, 1875, respecting the Professorship of Music, be confirmed.

The Council find that there is no Deed of Foundation and no Endowment. The Professorship was founded by a Grace in 1684, which nominated the first Professor, but did not assign any stipend. By Chap. 2, Sect. 10 of the University Statutes, the duty of examining the Exercises of Bachelors and Doctors of Music devolves upon the Professor.

Lectures in Music have been occasionally given, but this duty does not appear to have been obligatory. In the Report of a Syndicate, dated Dec. 5, 1867', it was recommended that every facility should be given for the delivery of Lectures, and that the expense incurred in illustration of such lectures should be defrayed from the Chest. This recommendation was approved by the Senate.

By Grace of the Senate, dated Feb. 27, 1868, (confirming the above-mentioned Report), a Stipend of £100 per annum was assigned to the late Professor, so long as he remained Professor of Music.

1 See the 1874 Edition of the Book of Ordinationes.

March 4,

1875.

The mode of Election to the Professorship was on the last occasion more Burgensium, and the Council do not propose any alteration at present'.

The Council recommend:

1. That a stipend of £200 per annum be assigned to Stipend. the next Professor of Music, to be paid out of the University Chest, so long as he continues Professor.

2. That the Professor be required to give a course of Duties. not less than four Lectures in Music annually in the University, and that the cost of illustrating these Lectures, to an amount previously approved by the Vice-Chancellor, be defrayed from the University Chest.

3. That the course of Lectures required of the Professor Fees. shall be delivered gratis, but for any extra course which he may deliver he shall be entitled to charge such a fee for attendance as may from time to time be sanctioned by the Vice-Chancellor.

election.

4. That the Professor be not authorised to receive any Mode of fees from persons performing exercises or being examined for degrees in Music.

5. That the election of such Professor be, on this occasion, by open poll of the Members of the Senate voting in person.

Lord Almoner's Reader of Arabic.

The Lord Almoner's Reader is not as such governed by a University Statute.

ORDINATIONES.

1 The election is now governed by Stat. B. IX, XV.

23

Dr Whewell's
Benefaction.

Case and
Opinion.

Questions.

Dr Whewell's Benefaction.

Case and Opinion as to Dr Whewell's Benefaction.

The Syndicate appointed Nov. 22, 1866, and continued March 28 and June 15, 1867, "qui de Fundatione a Viro Reverendo Dre Whewell per Testamentum Academiæ nuper oblata deliberent. Iidem, adhibitis Viris in jure peritis, cum Præfecto et Senioribus sociis Collegii SS. Trinitatis, et cum testamenti curatoribus consilia sua communicent, et ad vos referant ante finem proximi termini Quadragesimalis," report (Nov. 21, 1867).

Soon after their appointment they obtained the joint opinion of the Attorney-General (Sir John Rolt), Sir Roundell Palmer, Mr Baily and Mr Denman upon a case submitted by them on several points in the late Dr Whewell's Will and upon the powers and duties of the University with regard to his munificent Benefaction. This opinion (which is now submitted to the Senate with this Report) was immediately communicated to the Master and Seniors of Trinity College and to the Executors of the late Dr Whewell.

1. With regard to the power of the Master and Seniors of Trinity College to make regulations in respect of the Professors and Scholars can this power be exercised from time to time or can it be exercised once for all only?

2. As regards the Professor'. Under the trusts of the Will there is not any provision whatever made for his government or discipline for his admonition or removal in case of misconduct or incompetence or for appointing a Deputy in case of illness or infirmity or for enforcing residence during certain periods of the year.

3. Could the University by Grace of the Senate impose such rules upon the Professor?

Examples of such rules will be found in the Statutes relating to other Professorships.

For the Regulations of the Professorship of International Law, see p. 368.

ships.

4.

Benefaction.

Opinion.

As regards the Scholars who are to be Scho- Dr Whewell's lars in the University. Can all Students of the Univer- Case and sity become Candidates and are the Scholarships by the Questions. Will open to other Candidates besides Students of the University?

5. Are the Scholars after election obliged to become or can the Master and Seniors of Trinity College make such regulations whereby the Scholars after election can be compelled to become Members of Trinity College?

6. In like manner are the Scholars necessarily to reside in the Hostel or can the Master and Seniors of Trinity College make regulations to compel them so to do?

If so such regulations would greatly diminish the value of the Scholarships and thus apparently defeat Dr Whewell's intention as it is scarcely probable that other Colleges would permit their Scholars or other Students to reside in the Hostel over which no other College except Trinity College would have any control or supervision.

7. Can the Master and Seniors of Trinity College make regulations as to the age or standing of Candidates for Scholarships or for their residence in the University after election, or for their proceeding to a degree or for their having previously taken a degree or as to a Scholar forfeiting his Scholarship?

8. If so has the University any and what control in making such regulations? Can it reject or modify any which it may disapprove?

9. Can the University accept a part of this benefaction and reject a part-for example, can it accept the Professorship and reject the Scholarships or vice versa ?

10. With regard to the votes of the Electors can one of them by holding several offices have cumulative votes ?

11. Should the University give its sanction to the establishment of the Professorship by Grace of the Senate or otherwise and if by Grace what particulars should be

1 For the Regulations of the Scholarships of International Law, see p. 396.

Opinion.

embraced by it and can the Grace be made to supply any of the above suggested regulations?

12. With regard to the Certificate for Stipend to the Professor can this provision of the Will be dispensed with or modified and how and whether on the joint petition of the University and Trinity College or of either of them to the Lord Chancellor ?

We are of opinion as follows:

1. The Will does not contemplate the making of any Regulations by Trinity College for the governance of the Professor. As regards the Scholars the power of Trinity College in defining their numbers and Stipends whether uniform or not and in fixing the Rules and Regulations to which they are to be subject is only limited by the qualification that such rules and regulations are not to be inconsistent with the Statutes of the University. Trinity College would from time to time have the power to vary those regulations. The University on its part has the power to accept or reject the benefaction or its continuance if any regulations should be made of which it may disapprove. We cannot doubt that any regulations proposed by the University as essential to their acceptance of the benefaction would be inserted in the rules and regulations made by Trinity College but should any serious difference of opinion arise in this respect it would be advisable to make a joint application to the Court of Chancery to frame a Scheme in accordance with the Interests of the Benefaction.

2. The University would have the same powers to make rules for the government and discipline or admonition or removal in case of misconduct or incompetence of the Professor or for the appointment of a Deputy in case of illness or infirmity or for enforcing residence as it has always had in the case of Professorships subject to the qualification that such rules must not be inconsistent with the terms of the Will.

3. Such rules might be imposed by Grace of the Senate (Statuta cap. ix. par. 2. 19 and 20 Vic. c. 88 § 17).