United Kingdom House of Lords Decisions

Subject_University — Universities (Scotland) Act 1889 (52 and 53 Vict. c. 55), sec. 16 — Affiliation of University College, Dundee, to University of St Andrews. Headnote:

This case is reported ante ut supra.

The pursuers and reclaimers appealed. After the case had been partly heard on appeal it was suggested by some of the Lords that the appeal could not be entertained in respect of the judgment delivered in the House of Lords on July 27, 1896, in the case of Metcalfe v. Cox, reported ante, 34 S.L.R. 6, and 23 R. (H.L.) 60. An argument upon this question was presented by the Dean of Faculty for the respondents in the appeal, and by senior counsel for the appellants in reply.

The House refused to entertain the appeal in respect that in the case of Metcalfe v. Cox, cit. supra, they had already considered the validity of the Ordinance No. 46, St Andrews No. 5, the reduction of which, in so far as it purported to affiliate University College, Dundee, to, and to make it form part of the University of St Andrews, was the leading purpose of the present action, and had expressed opinions to the effect that the provisions for affiliation and incorporation contained in that Ordinance were within the authority conferred by the Universities (Scotland) Act 1889.