No. 32/1926:

UNIVERSITY EDUCATION (AGRICULTURE AND DAIRY SCIENCE) ACT, 1926

ARRANGEMENT OF SECTIONS

1 Appointed day.

2 Demise of College of Science to University College, Dublin.

3 Demise of Albert Agricultural College to University College, Dublin.

4 Form of demise.

5 Power to enter before demises made.

6 Transfer of chattels to University College, Dublin.

7 Grant to University College, Dublin, for alteration of buildings and purchase of equipment.

8 Grants to University College, Cork, for purchase of buildings, etc., for faculty of dairy science.

9 Grants for capital purposes.

10 Increase of annual grant to University College, Dublin.

11 Increase of annual grant to University College, Cork.

12 Annual grant to University College, Dublin, for faculty of general agriculture.

13 Annual grant to University College, Cork, for faculty of dairy science.

14 Cesser of grant to National University of Ireland and University College, Dublin, for purchase of buildings.

15 Grant to the National University of Ireland for purchase of premises.

16 Existing officers of College of Science and Albert Agricultural College.

17 Short title.

FIRST SCHEDULE

SECOND SCHEDULE

AN ACT TO TRANSFER THE COLLEGE OF SCIENCE AND THE ALBERT AGRICULTURAL COLLEGE TO UNIVERSITY COLLEGE, DUBLIN, TO MAKE FINANCIAL AND OTHER PROVISION FOR THE ESTABLISHMENT AND MAINTENANCE OF A FACULTY OF AGRICULTURE IN UNIVERSITY COLLEGE, DUBLIN, AND THE PERFORMANCE BY THAT COLLEGE OF THE FUNCTIONS HERETOFORE FULFILLED BY THE COLLEGE OF SCIENCE AND THE ALBERT AGRICULTURAL COLLEGE RESPECTIVELY, TO MAKE FINANCIAL AND OTHER PROVISION FOR THE ESTABLISHMENT OF A FACULTY OF DAIRY SCIENCE IN UNIVERSITY COLLEGE, CORK, TO MAKE BETTER PROVISION FOR THE ACCOMMODATION OF THE NATIONAL UNIVERSITY OF IRELAND, AND FOR THOSE AND OTHER PURPOSES TO AMEND THE IRISH UNIVERSITIES ACT, 1908.

[17th July, 1926.]

BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—

1.—In this Act the expression "the appointed day" means such day not being earlier than the 1st day of October, 1926 nor later than the 31st day of December, 1926 as the Minister for Education shall by order appoint to be the appointed day for the purposes of this Act, but if the said Minister does not before the 1st day of October, 1926 so appoint a day to be such appointed day, the said expression shall mean the 1st day of October, 1926.

2.—(1) The Minister for Finance shall as soon as conveniently may be after the passing of this Act demise by deed under his official seal the lands and premises described in the First Schedule to this Act with the exceptions and subject to the reservations specified in that Schedule to University College, Dublin for the term of ninety-nine years from the appointed day subject to such nominal rent not exceeding five shillings as the said Minister shall think proper and subject to such covenants on the part of University College, Dublin and conditions as the said Minister shall think proper and in particular subject to a covenant against assignment, subletting, or parting with the possession of the said lands and premises or any part thereof without the consent of the said Minister and such covenant or condition as the said Minister shall think proper for securing the carrying out on the demised premises of scientific experiments and tests for Departments of State by the officers of such Departments or the officers of the said College.

(2) The demise made by the Minister for Finance under and in accordance with this section shall have effect according to its tenor as fully and effectually as if the lands and premises thereby demised were vested in the said Minister, and all reservations made by such demise shall enure for the benefit of Saorstát Eireann.

(3) Every question and dispute as to the lands or premises to be comprised in or to be excepted from the demise to be made under this section shall be decided by the Minister for Finance whose decision shall be final.

3.—(1) The Department of Agriculture and Technical Instruction for Ireland (hereinafter called the Department) shall as soon as conveniently may be after the passing of this Act demise by one or more leases the several lands and premises described in the Second Schedule to this Act to University College, Dublin for the term of ninety-nine years from the appointed day subject to the rents, covenants, and conditions hereinafter mentioned.

(2) The rent or rents to be reserved by such lease or leases shall be fixed at such sum or sums as will exactly reimburse to the Department the rents payable by the Department in respect of the lands and premises described in Parts I and II of the Second Schedule to this Act and the annuity payable by the Department in respect of the lands and premises described in Part III of the said Second Schedule.

(3) Every lease made by the Department in pursuance of this section shall contain such covenants on the part of University College, Dublin and such conditions as the Minister for Finance shall direct and in particular a covenant against assignment, subletting, or parting with the possession of the demised lands and premises or any part thereof without the consent in writing of the Minister for Finance.

(4) The demise required by this section to be made of the lands and premises described in Part II of the Second Schedule to this Act may be made without the consent of the Lord Mayor, Aldermen, and Burgesses of the City of Dublin or of the person in whom their interest is vested at the date of the demise, and such demise shall not be void nor shall its validity, operation, or effect be prejudiced or affected by reason of the absence of such consent.

(5) The demise required by this section to be made of the lands and premises described in Part III of the Second Schedule to this Act may be made and shall be valid and effectual notwithstanding anything to the contrary contained in the Land Purchase Acts and notwithstanding that any consent required by those Acts is not obtained or given.

4.—Every question and dispute in respect of the contents or form of any document necessary to effect the demises or any of the demises required by this Act to be made shall be decided by the Attorney-General whose decision shall be final.

5.—(1) University College, Dublin shall be entitled to enter into possession and occupation on the appointed day of all the said lands and premises described in the First and Second Schedules to this Act respectively whether the several demises required by this Act to be made have or have not been then made.

(2) If University College, Dublin enters into possession and occupation of any of the said lands and premises under this section before the demise required by this Act to be made of such lands and premises has been made, University College, Dublin shall from the time of such entry until the making of such demise be deemed to be in occupation of such lands and premises as tenant thereof under an agreement made by virtue of the Act for such demise.

6.—(1) On the appointed day all fittings, furniture, scientific apparatus, and other chattels which are on that day on or in the lands and premises described in the First Schedule to this Act shall, with such exceptions as the Minister for Finance shall direct, become and be the absolute property of University College, Dublin and shall be delivered to University College, Dublin by the Minister for Finance accordingly.

(2) On the appointed day all fittings, furniture, scientific, apparatus, domestic animals, farm implements, and other chattels which are on that day on or in any of the lands and premises described in the Second Schedule to this Act shall, with such exceptions as the Minister for Finance shall direct, become and be the absolute property of University College, Dublin and shall be delivered to University College, Dublin by the Department of Agriculture and Technical Instruction for Ireland accordingly.

7.—(1) Not later than three years after the appointed day there shall be paid to University College, Dublin out of moneys to be provided by the Oireachtas such sum not exceeding £7,250 (seven thousand two hundred and fifty pounds) as University College, Dublin shall with the approval of the Minister for Finance require for the purpose of the, erection, alteration, or repair of buildings on the lands described in the Second Schedule to this Act and purchasing equipment, apparatus, implements, and other chattels for use on, in, or in connection with the said lands or the buildings thereon.

(2) All moneys paid to University College, Dublin under this section shall be applied by the said College for the purpose aforesaid.

8.—(1) Not later than three years after the appointed day there shall be paid to University College, Cork out of moneys to be provided by the Oireachtas such sum not exceeding £67,000 (sixty-seven thousand pounds) as the said College shall with the approval of the Minister for Finance require for either—

( a ) expenditure after the appointed day on the acquisition of lands and premises, the erection, alteration, or repair of buildings on such lands and premises, the improvement of such lands, and the purchase of equipment, apparatus, furniture, fittings, stock, and other chattels for the purposes of a faculty of dairy science, or

( b ) reimbursement to the said College of moneys expended by the said College before the appointed day (whether before or after the passing of this Act) on any of the objects aforesaid for the purposes of a faculty of dairy science.

(2) All moneys paid to University College, Cork under this section shall be applied by that College for such expenditure or reimbursement as is mentioned in the foregoing sub-section.

9.—(1) On or as soon as may be after the appointed day there shall be paid to University College, Dublin out of moneys to be provided by the Oireachtas the sum of £25,000 (twenty-five thousand pounds) which shall be applied by that College for such capital purposes as the governing body of the College shall think fit.

(2) On or as soon as may he after the appointed day there shall be paid to University College, Cork out of moneys to be provided by the Oireachtas the sum of £15,000 (fifteen thousand pounds) which shall be applied by that College for such capital purposes as the governing body of the College shall think fit.

(3) For the purposes of this section extinction of debt shall be deemed to be a capital purpose.

10.—(1) So much of sub-section (2) of section 7 of the Irish Universities Act, 1908 and the Third Schedule to that Act as provides for the payment of the annual sum of £32,000 to University College, Dublin shall cease and be deemed to have ceased to have effect as from the 31st day of March, 1926, and in lieu thereof it is hereby enacted that there shall be paid to University College, Dublin out of moneys to be provided by the Oireachtas the sum of £66,000 (sixty-six thousand pounds) in the financial year beginning on the 1st day of April, 1926, and the annual sum of £82,000 (eighty-two thousand pounds), in the financial year beginning on the 1st day of April, 1927, and every subsequent financial year.

(2) All moneys paid to University College, Dublin under this section shall be applied by that College for the general purposes of the College.

(3) All moneys paid to University College, Dublin under the said sub-section (2) of section 7 of the Irish Universities Act, 1908, during the financial year beginning on the 1st day of April, 1926, and before the passing of this Act shall be deemed to have been paid under this section on account of the moneys payable under this section to the said College during the said financial year.

11.—(1) So much of sub-section (2) of section 7 of the Irish Universities Act, 1908, and the Third Schedule to that Act as provides for the payment of the annual sum of £20,000 to University College, Cork shall cease and be deemed to have ceased to have effect as from the 31st day of March, 1926 and in lieu thereof it is hereby enacted that out of moneys to be provided by the Oireachtas there shall be paid to University College, Cork in the financial year beginning on the 1st day of April, 1926, and in every subsequent financial year the annual sum of £40,000 (forty thousand pounds) which shall be applied by the said College for the general purposes of the College.

(2) All moneys paid to University College, Cork under the said sub-section (2) of section 7 of the Irish Universities Act, 1908, during the financial year beginning on the 1st day of April, 1926 and before the passing of this Act shall be deemed to have been paid under this section on account of the moneys payable under this section to the said College during the said financial year.

12.—(1) Out of moneys to be provided by the Oireachtas there shall be paid to University College, Dublin in the financial year commencing on the 1st day of April, 1926, such sum not exceeding the sum of £9,422 (nine thousand, four hundred and twenty-two pounds) as the Minister for Lands and Agriculture shall sanction and in the financial year commencing on the 1st day of April, 1927, and every subsequent financial year such sum not exceeding the sum of £24,984 (twenty-four thousand, nine hundred and eighty-four pounds) as the Minister for Lands and Agriculture shall in each such year sanction.

(2) All moneys paid to University College, Dublin under this section shall be applied by that College for the purposes of a faculty of general agriculture.

13.—(1) Out of moneys to be provided by the Oireachtas there shall be paid to University College, Cork in the financial year commencing on the 1st day of April, 1926, such sum not exceeding the sum of £3,600 (three thousand, six hundred pounds) as the Minister for Lands and Agriculture shall sanction and in the financial year commencing on the 1st day of April, 1927, and every subsequent financial year such sum not exceeding the sum of £13,000 (thirteen thousand pounds) as the Minister for Lands and Agriculture shall in each such year sanction.

(2) All moneys paid to University College, Cork under this section shall be applied by that College for the purposes of a faculty of dairy science.

14.—(1) No moneys shall be paid after the passing of this Act to the National University of Ireland nor to University College, Dublin under sub-section (3) of section 7 of the Irish Universities Act, 1908.

(2) All premises acquired by the National University of Ireland with moneys paid to that University under sub-section (3) of section 7 of the Irish Universities Act, 1908, shall as soon as may be after the passing of this Act be sold and disposed of by the said University in such manner and for such price as shall be approved of by the Minister for Finance, and the proceeds of such sale, after deduction therefrom of such sum in respect of the costs and expenses of the sale as shall be approved of by the Minister for Finance, shall as soon as may be after such sale be paid into the Exchequer by the said University in such manner as the Minister for Finance shall direct.

(3) As soon as may be after the said premises have been sold pursuant to this section the National University shall pay into the Exchequer in such manner as the Minister for Finance shall direct all moneys in their hands representing or derived from the net rents and profits of the said premises received by the said University.

15.—(1) Within three years after the appointed day there shall be paid to the National University of Ireland out of moneys to be provided by the Oireachtas such sum not exceeding £4,000 (four thousand pounds) as the Minister for Finance shall sanction for the acquisition by the said University for its general purposes of premises in or near the City of Dublin, and all moneys paid to the said University under this section shall be applied by the said University in the acquisition of such premises accordingly.

(2) Within three years after the appointed day there shall be paid to the National University of Ireland in repayment of moneys expended by that University in respect of the premises now held by it in Merrion Square, Dublin the sum of £900 (nine hundred pounds) which shall be expended by the said University in the making of permanent improvements approved of by the Minister for Finance in the premises acquired by the said University with moneys paid to it under the foregoing sub-section of this section.

(3) The rent (if any), rates, taxes, repairs, and other expenses of the maintenance of the premises acquired by the National University of Ireland with the moneys paid to it under this section shall to an amount not exceeding two hundred pounds in any one year be repaid to the said University on demand by University College, Dublin, and University College, Cork, in equal shares.

16.—(1) In this section the expression "existing officer" means and includes all professors, lecturers, porters, messengers, and other officers and servants who immediately before the appointed day are employed in the College of Science or the Albert Agricultural College.

(2) On the appointed day every existing officer shall cease to hold office and their respective offices shall be abolished.

(3) Every existing officer shall be offered by University College, Dublin, employment in a situation in that College equivalent in respect of duties, salary, tenure of office, and conditions of service to the office held by him as an existing officer immediately before the appointed day, but every such offer of employment shall be made subject to the condition that on accepting such employment the existing officer shall waive all rights (if any) to compensation under Article 10 of the Treaty of 1921.

(4) Every existing officer who holds, immediately before the appointed day, an office to which the Superannuation Acts, 1834 to 1923, apply and accepts employment in a situation in University College, Dublin offered to him pursuant to this section, shall have in such situation the same rights in respect of pension, superannuation allowance, and gratuity (including the right of his legal personal representative to a gratuity on his death) as he had under the said Acts in the office held by him immediately before the appointed day, save that any pension, superannuation allowance, or gratuity which may become payable to him or to his legal personal representative shall be payable by University College, Dublin.

(5) Every question or dispute which shall arise as to—

( a ) whether a situation in University College, Dublin, is or is not equivalent to an office held by an existing officer immediately before the appointed day, or

( b ) whether an office held by an existing officer immediately before the appointed day is or is not an office to which the Superannuation Acts apply, or

( c ) as to the amount of any pension, superannuation allowance, or gratuity which an existing officer or his legal personal representative is entitled to receive from University College, Dublin, by virtue of this section,

shall be decided by the Minister for Finance whose decision thereon shall be final.

17.—This Act may be cited as the University Education (Agriculture and Dairy Science) Act, 1926 .

FIRST SCHEDULE

The lands and premises known as the College of Science in Upper Merrion Street, Dublin, with and subject to the following exceptions and reservations that is to say:—

Exceptions — The portion of the said premises which at the passing of this Act are in the occupation of—

( a ) the State Chemist and his staff;

( b ) the seed testing and veterinary hygiene branches of the Department of Lands and Agriculture.

Reservations — All necessary rights of access to the premises comprised in the foregoing exceptions.

Power for the Executive Council or any Executive Minister or any person or persons acting under the orders of the Executive Council or an Executive Minister at any time while the buildings or any part of the buildings adjoining the demised premises are occupied by Government Departments to do on, in, or in relation to the demised premises all such things as may appear to the Executive Council or such Minister to be necessary or expedient for the preservation or protection of the said buildings.

All such rights of entry and other rights as may be necessary for the proper exercise of the above-mentioned power.

SECOND SCHEDULE

PART I

The lands and premises demised by and now held by the Department of Agriculture and Technical Instruction for Ireland under a Lease bearing date the 11th day of October, 1849, and made between George Hayward Lindsay of the first part the Venerable Charles Lindsay, Henry Rogers, and Abel Jenkins of the second part, and the Commissioners of National Education in Ireland of the third part, which said lands and premises are described in the said Lease in the words and figures following, that is to say:—

"ALL THAT AND THOSE that part of the town and lands of Glasnevin called the North Farm situate on the Fast side of the High Road leading from Dublin to the Naul and containing one hundred and twenty-six acres and thirty-four perches imperial statute measure or thereabouts be the same more or less and bounded on the west by the said High Road on the North by the townland of Santry on the south partly by lands called Hampstead and partly by the road leading from said High Road to Hampstead and on the east by the lands of Drumcondra as the same are shown and described by those parts of the map or terchart drawn on the margin of these presents which are marked by the letters A. A. AND ALSO ALL THAT other piece of parcel of land (being also a parcel of the said lands of Glasnevin) which is situated on the west side of the said High Road leading from Dublin to the Naul and contains three roods and twenty-six perches imperial statute measure be the same more or less as marked and distinguished on the said map by the letter B. and is bounded on the east by the said High Road and on the north west and south by other parts of said lands of Glasnevin together with the house messuage or tenement standing or being thereon all which said premises are situated lying and being in the Barony of Coolock and County of Dublin"

with and subject to the exceptions and reservations stated in the said Lease.

PART II

The lands and premises demised by a Lease bearing date the 15th day of October, 1919, and made between the Right Honourable the Lord Mayor, Aldermen, and Burgesses of Dublin of the one part and the Department of Agriculture and Technical Instruction for Ireland of the other part, which said lands and premises are described in the said Lease in the words and figures following, that is to say:—

"ALL THAT piece or plot of ground in Clonturk being portion of the estate of the said Corporation of the City of Dublin known as ALL HALLOWES ESTATE at present in the possession of the Department as part of the farm appertaining to their Agricultural College at Glasnevin containing twenty-two acres three roods and three perches statute measure or thereabouts be the same more or less bounded on the north and east by other parts of the said lands of Clonturk on the south partly by lands within the County Borough of Dublin and partly by lands of Hampstead South and on the west partly by the lands of Wad and partly by the lands of Hampstead North which said premises are situate lying and being in the Barony of Coolock and County of Dublin"

together with the right of way and with and subject to the exceptions and reservations stated in the said Lease.

PART III

The lands comprised in Folio No. 869 County Dublin of the Register of Freeholders maintained under the Local Registration of Title (Ireland) Act, 1891, and described in the said Folio in the words following, that is to say:—

"Part of the lands of Balbutcher containing sixty-nine acres two roods and eight perches or thereabouts statute measure situate in the Electoral Division of Drumcondra Rural, Barony of Coolock and County of Dublin, and part of the lands of Stormanstown containing one hundred and forty-five acres three roods and twenty-eight perches or thereabouts like measure, situate as aforesaid."