counsels’ opinions on the by-laws. 
109 
lucubrations against or for the present laws, to COME FORTH with 
IT. Hints and suggestions, offered in the true and honest spirit of 
rendering our by-laws as perfect as such laws under the circum¬ 
stances can be made, cannot fail to be received by the Committee 
in laudable tones of thankfulness and obligation; while they tend 
in no small degree to lighten the labours of its members, and smooth 
down their progress to the desired goal of perfection. 
It may seem abrupt, and may indeed surprise some of our 
readers, to state here, that questions have, on more occasions than 
one, been raised concerning the right or legality of those to whom 
her Majesty has been most graciously pleased to grant the present 
Charter, to make by-laws at all! Most eminent authorities in 
law have been consulted on this point by the Royal Veterinary 
College of London, and the following are the opinions that have 
been obtained; for the publication of which we are indebted to the 
liberality and kindness of Professor Spooner. 
The barristers consulted were Mr. Hill, Sir Fitzroy Kelly, and 
Mr. Peacock; and their opinions are recorded as follow :— 
“ I am of opinion that the Corporation cannot interfere with the curriculum 
of study in the Colleges, nor with any of the regulations of these bodies 
in force at the date of the Charter, as from the preamble I think it must 
be taken that they were approved by the Crown, and formed the basis on 
which the Charter was granted. 
“ I think the by-laws adverted to are bad in law. 
“ By-laws, even if good in themselves, are invalid, if made in any other 
manner than that prescribed by the Charter. 
“ Alterations and suspensions are the making of new by-laws, and must 
follow the same rules. 
“ When duly qualified Candidates are refused examination, the appli¬ 
cation to the Court should be for a Writ of Mandamus to cause them to 
be duly examined, with a view to their admission. 
(Signed) “ M. D. Hill.” 
“ 44, Chancery-lane, 
“ 2 Dec. 1848. 
“ We are of opinion that the by-laws are invalid if not enacted at a meeting 
of the Council, held pursuant to the Charter, and in all respects con¬ 
formably to the provisions of the Charter; and we are of opinion that any 
alterations or suspensions of a valid by-law must follow the same rules as 
the making of a fresh by-law. 
“ We are of opinion that the Council cannot by any by-law interfere 
with the curriculum of study in the Colleges, and that the by-law re¬ 
quiring apprenticeship is invalid, and that any students of any of the Col¬ 
leges mentioned in the Charter, if they pass the required examination, are 
entitled to be admitted members of the Corporation, whether they may 
have been apprenticed or not; and if admission be refused to any such 
student having passed an examination, a Mandamus will lie, and a Man¬ 
damus will also lie to compel an examination if it be refused. 
“ Fitzroy Kelly, 
“ Temple, “ B. Peacock.” 
“ 15 Dec. 1848.” 
VOL. XXII. 
Q 
