Fees were to be paid by students, the admission of whom is subject to no limitation whatever in the popular classes.[25] The only limitation as regards the regular classes is that the Trustees are to give the preference, all other things being equal, to candidates who have been or are inmates of the Orphanage, to the extent of not more than one-fifth of the whole number of regular students, and thereafter to candidates born within the borough of Birmingham and Kidderminster, in the proportion of two Birmingham to one Kidderminster student. The original deed provided that no student not wholly dependent for a livelihood upon his own skill or labour, or depending upon the support of his parents or some other person, should be admitted to the college; and that students should not be under fourteen nor above twenty-five years of age. By the deed of variation, December 12, 1870, the limit of age was done away with, and the conditions above laid down were made to apply to the remission of fees. A preliminary examination for admission is imposed only upon students under the age of sixteen years. In every line the deed breathes the spirit of modern Birmingham; it contains regulations directed to a clear aim, with absolute freedom to vary those regulations so as best, at any given time, to secure that aim by recognising new conditions; it excludes from its scheme no subject of useful learning; and it maintains the idea that secular instruction is of too high a dignity to be fettered, as regards either pupils or instructors, by theological or political considerations. In one provision not yet noticed it recognises with equal directness, the principle by which Birmingham has for long been pervaded, viz., that over all the great institutions of the town, popular control ought to be exercised. Until the death of the founder, the governing body was to consist of six trustees; but it was ordered that after his death the Town Council was to nominate five others. Vacancies in the Borough Trustees were to be filled up by the Town Council; those in the other six by the whole body. One single qualification is laid down as fundamental for the trusteeship. The holder must be a Protestant and a layman.