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The Queen's Bench Division dismissed an appeal
by the local authority from the London Quarter
Sessions, and held that the main objects were chari
table. Mr. Justice Donovan, reading the judgment
of the Court (the Lord Chief Justice and Donovan
and Havers, J.J.), said that the question was whether
the main object was charitable or otherwise con
cerned with the advancement of social welfare.
If paragraph (&) merely read " to promote the
advancement of nursing in all or any of its branches",
it would clearly be charitable as a purpose beneficial
to the community and analogous to the statute of
Elizabeth I.
It was the addition of the words,
" as a profession " which gave rise to the doubt.
Was the second main object the advancement of
nursing or the advancement of the interest of nurses ?
What was meant by the advance of some particular
calling " as a profession ". If it were said that in
the last fifty years there had been a striking advance
in the profession of accountancy what idea was
conveyed ?
Presumably that the profession had
greatly increased in stature, importance, numbers and
general esteem ; not merely that the fees had gone
up although that might be assumed as a consequence.
A profession was advanced in that sense by service.
Demands for more pay and better conditions for
those engaged, however loud and persistent, and
even successful, would not advance the profession
in that sense, but improvement in the quality and
range of services rendered and the spectacle of
constant endeavour to do better would certainly
have that effect. If then, one found an organisation
one of whose objects was to advance nursing as a
profession, there was no great difficulty in inter
preting that as meaning to improve the quality and
range of the services which nurses gave, and so
enhance the stature and importance of the nursing
profession and the esteem in which it was held.
It might well be that in order to improve nursing
services more entrants must be attracted into the
profession, which would mean improvements in pay
and conditions but such improvements would be
means not ends. The learned Judge also pointed out
(i) that the respondents were a college giving full-
time education in the art and science of nursing, and
were not an organisation called into being simply
to protect and improve the pay. and working con
ditions of nurses, and (2)
that quarter sessions
seemed to have found that under sub-paragraph (&)
their activities were directed to the raising of the
standard of nursing rather than the promotion of the
interests of nurses as an end in itself. The court held
that paragraph (£) was directed to the advancement
of nursing and not to the advance of professional
interest of nurses. That meant that the second main
object of the college was charitable and there was
no conflict with the recent decision of the Court of
Appeal, in general, Nursing Council for England
and Wales
v.
St. Marylebone Borough Council
(1957) 3 All E.R. 685), where on different facts it
was held that the professional benefit of nurses was
the main object of the Council.
(Royal College of Nursing
v.
St. Marylebone
Borough Council.—(1958) i All E.R. 129.)
ORDNANCE SURVEY MAPS
The Ordnance Survey Office wish
to draw
attention to a scheme whereby solicitors and other
persons are permitted to make hand copies of ord
nance survey maps subject
to the payment of a
compounded royalty fee of 55. per calendar year.
Those wishing to avail of the Scheme should apply
to the Assistant Director, Ordnance Survey Office,
Phoenix Park, Dublin.
EXAMINATIONS
Masters and apprentices are notified that the dates
of examinations and date's of entry therefor in 1958
will be as follows :—
Examination
Date
Latest date
for entry
First and
second Irish Jan. 3151 and Feb. ist
January loth
June 2yth and 2 8th
June 6th
Sept. jth and 6th
August i5th
Preliminary
May 28th and 29th
May yth
Sept. 2nd and 3rd
August i2th
First Law
May 2yth and 28th
May 6th
Sept. ist and 2nd
August nth
Book-keeping May 29th
May 8th
Sept. 3rd
August i3th
Final
May 2yth,28th and 29th May 6th
Sept. ist, 2nd and 3rd August nth
SHERIFFS' FEES ORDER, 1958
(S.I. No. 1 of 1958)
THE Sheriffs' Fees Order, 1958, came into force on
yth January, 1958, and effects some changes in fees
payable to sheriffs. The main changes are :—
(i) If the personal attendance of the Sheriff is
required at the site of execution by the party entitled
to it, he may henceforth charge 23. per mile one way
per statute mile by the nearest available public road.
(i)
the mileage rate one way for Court messengers
executing High Court or Circuit Court Orders is
now is. 6d. per statute mile, instead of 6d. as
formerly.
(3) If the Sheriff is required by law to send or
give any notice or letter in relation to an execution