End. Schools Acts, 1869, Society for promoting the Education of the Poor in the Principles of the Established Church, or to any institution maintained wholly by voluntary subscriptions, or partly by voluntary subscriptions and partly by school payments, or to Scotland or Ireland (n). Endowed Schools Acts. Finally, the legislature has, by the Endowed Schools Acts, 1869, 1873 and 1874. 1873 and 1874 (0), given to the Charity Commissioners specific powers to enable them to supervise, and, where necessary, re-model all kinds of educational endowments (p). Schemes. Under those Acts the Commissioners are empowered to make schemes for the purpose of rendering educational endowments most conducive to the advancement of education of boys and girls, and may alter and add to existing, and make new, trusts, directions, and provisions, and consolidate and divide endowments (g). The following is an outline of the provisions of these Acts with regard to schemes: By any scheme relating to an educational endowment a governing body may be established or removed, and its constitution, rights and powers altered; and corporations incorporated solely for the purpose of the endowment in question may be dissolved (). Schemes may, with the consent of the Ecclesiastical Commissioners, be made for making increased provision for cathedral schools out of estates of the Church vested in the Ecclesiastical Commissioners (s). In making schemes, due regard must be had to the educational interest of any class of persons (t), or persons in a particular class of life (u), whose privileges are abolished or modified. And the benefit of endowments must, so far as possible, be extended to girls (x). Provision is made for saving or compensating for certain vested interests (y); and schemes may not be made interfering with endowments less than 50 years old at the date of the Act, or with the constitution of the governing body of cathedral schools, schools of Quakers or Moravians, or schools or exhibitions forming (7) End. Schools Act, 1869, s. 9, post. (n) 23 & 24 Vict. c. 11, s. 3. (P) See End. Schools Act, 1869, s. 5, (r) Ibid. s. 10, post. (s) Ibid. s. 27. (t) Ibid. s. 11, and cases cited in notes thereto, post. (u) End. Schools Act, 1873, s. 5, post. (a) End. Schools Act, 1869, s. 12, post. (y) Ibid. s. 13. part of the foundation of any Oxford or Cambridge college (other than one restricted to a school or district), except with the assents therein mentioned (z). Provision is made with regard to religious education in day schools (a), and in boarding schools (6). Members of the governing body are not to be disqualified on the ground of religious opinions (c), and masters need not be in holy orders (d). Certain exemptions are provided from the foregoing provisions as to religion (e), and where the scheme gives the governing body power to make regulations as to religious instruction, it must provide for a year's notice of alterations to be given (ƒ). The scheme may provide for the transfer of visitatorial jurisdiction to the Queen, to be exercisable by and through the Charity Commissioners (g); it must abolish the jurisdiction of the ordinary as to licensing masters (h), must provide for the dismissal of teachers, &c., at pleasure (i), and may contain such general powers and provisions as may be expedient (k). And provision is made for the alteration of schemes (7). A scheme relating to an endowment attached to a school for paying apprenticeship fees, or the advancement, maintenance, clothing, or otherwise of children, may provide for the continued application of the endowment to those purposes (m). An elaborate procedure is provided for the establishment of schemes, and provision is made for appeals to the Queen in Council (n). A number of miscellaneous provisions are also inserted with regard to the effect of schemes when made, and as to obtaining evidence, production of documents, inquiries, and otherwise (o). Subject to certain provisions for apportionment and otherwise, an endowment, partly applicable to educational purposes, and partly to other charitable uses, may be dealt with as though the whole were an educational endowment (p). And provision is made for distinguishing old and new endowments where mixed (2). The Endowed Schools Act, 1869, also expressly authorizes a Application of non educational very extensive application of the principle of cy-près, with referto educational ence to charities of a non-educational character. endowments purposes. Non-educa By sect. 29 of the Act (s), endowments attached to a school for the payment of apprenticeship fees, or the advancement in life, or maintenance or clothing, or otherwise for the benefit of children. educated at such school, are to be deemed to be educational endowments, and may therefore be dealt with as such. And by sect. 30 (1), the Charity Commissioners are empowered, tional endow with the consent of the governing body, by scheme to devote to ments applied to education. educational purposes endowments for any of the following purposes, namely, doles in money or kind; marriage portions; redemption of prisoners and captives; relief of poor prisoners for debt; loans; apprenticeship fees; advancement in life; or any purposes which have failed altogether, or have become insignificant in comparison with the magnitude of the endowment, if originally given to charitable uses in or before the year 1800. But due regard must be had to the educational interests of persons of the same class in life, or resident within the same particular area, as those who at the commencement of the Act were benefited thereby; and no open space at the commencement of the Act enjoyed or frequented by the public may be enclosed in any other manner than it might have been if the Act had not passed. Powers of Court not restricted by pendency of scheme under this section. Duration of powers. How endowment dealt with on trans So long as a scheme has not been made devoting a non-educational charity to educational purposes, the mere pendency of such a scheme before the Commissioners is no obstacle to the exercise by the Court of its jurisdiction to settle a scheme for the management of the charity (u). The powers conferred by the Endowed Schools Acts are intended to be of limited duration, and are now being extended from year to year by the Expiring Laws Continuance Acts (a). Transfer to School Board. A difficulty has sometimes arisen where an existing charity school has been transferred to a school board under the Elementary fer to School Education Acts, 1870 and 1873 (y), and it has consequently been necessary to prepare a new scheme for the application of the Board. (s) Post. (t) Post. (u) Re Charitable Gifts for Prisoners, L. R. 8 Ch. 199. If the scheme has been actually made, the powers of the Court are restricted: see End. Schools Act, 1869, s. 52; End. Schools Act, 1874, s. 6, post. (x) See n. (c) to sect. 6 of the End. Schools Act, 1874, post. With regard to the principles adopted by the Charity Commissioners in settling schemes under the End. Schools Acts, see notes to sect. 9 of the End. Schools Act, 1869, post. (y) 33 & 34 Vict. c. 75; 36 & 37 Vict c. 86. See further, post, p. 256. revenue. It was said by Jessel, M. R. (2), that in such cases application of the fund to the general purposes of the school was objectionable, because that was really a grant in aid of rates and not strictly for the benefit of the school; and that the fund should be applied, either by way of establishing exhibitions, or scholarships, or otherwise for the advancement of learning in the school. Where a school has been transferred to a school board, no No special religious teaching peculiar to any particular denomination can religious teaching. afterwards be given in it (a). SECTION III. APPORTIONMENT OF CHARITIES. We have already seen that upon the increase of the income of a Increased charity an apportionment is in some cases made among the objects of the charity (b). income. admitted to Again, where there was a charitable gift to the inhabitants of a New objects certain locality, as the poor of a city, and other parishes were participate. afterwards admitted within its precincts, an apportionment was made by the Court in favour of such parishes (c). 8 & 9 Vict. The Court has jurisdiction to apportion certain charities under 8 Apportion& 9 Vict. c. 70, entitled "An Act for the further Amendment of ment under the Church Building Acts." That Act, after reciting various c. 70. Acts (d) relating to the building of additional churches, and conferring new powers on Her Majesty's Commissioners for Building New Churches (e), enacts (ƒ),—“That where her Majesty's said Commissioners shall have already formed or shall hereafter form any distinct or separate parish, district parish, or district chapelry, under the provisions of the hereinbefore recited Acts, or any of them, or this Act, out of any parish or extra-parochial place, it shall be lawful for the Court of Chancery, anything in the herein (z) Re Poplar and Blackwall Free School, 8 Ch. D. at p. 545. (a) Elem. Educ. Act, 1870, s. 14. (b) Ante, pp. 137 et seq. (c) Att.-Gen. v. Mayor of Rochester, Rep. t. Finch, 193; ibid. 6 Sim. 273, 322; and see Att.-Gen. v. Grant, 1 P. Wms. 669. (d) The Acts recited are: 58 Geo. III. c. 45; 59 Geo. III. c. 134; 3 Geo. IV. c. 72; 5 Geo. IV. c. 103; 7 & 8 Geo. IV. (e) Now the Ecclesiastical Commis- Section merely extends cy-près doctrine. Charity for specific pur pose. before-recited Acts to the contrary notwithstanding, on a petition being presented to the said Court by any two persons resident in any such parish or extra-parochial place, (such petition to be presented, heard, and determined according to the provisions of 52 Geo. III. c. 101 (g)), to apportion between the remaining part of such parish or place and the distinct and separate parish, or district parish, or district chapelry, any charitable devises, bequests, or gifts which shall have been made or given to or for the use of any such parish or extra-parochial place, or the produce thereof, and in any such case to direct that the distribution of the proportions of such devises, bequests, or gifts, or the produce thereof, as shall be so apportioned shall be made and distributed by the incumbent or spiritual person serving the church, or by the churchwardens of any such distinct and separate parish, district parish, or district chapelry, either jointly or severally, as the said Court of Chancery may think expedient; and it shall also be lawful for the said Court of Chancery to apportion between the remaining part of such parish or place as aforesaid, and such separate divisions or districts, any debts or charges which may have been before the period of such apportionment contracted or charged upon the credit of any church rates in such parish or place; and all such apportionments shall be registered in the registry of the diocese in which such parish or place shall be locally situate, and duplicates thereof shall be deposited with the churchwardens of such parish or place, and of each such division or district as aforesaid, and in all such cases the costs shall be at the discretion of the said Court; and such apportioned debts or charges shall be raised and paid by the parish or place in which they may be apportioned in such and the like manner as the entirety was to be raised and paid, or in such manner and under such provisions and conditions as the said Court shall direct, and when any securities may have been given for the same the Court may order new securities to be given for the apportioned debts, by such persons and bodies and in all respects as the said Court may direct, and all securities shall be valid and binding" (h). The power conferred by this section is an extension of the jurisdiction which the Court of Chancery always possessed, in pursuance of the cy-près doctrine, of departing, within certain limits, from the instrument by which the charity was founded (i). In determining whether a charity is apportionable under this section the question to be considered is whether it is a charity sub (g) Sir Samuel Romilly's Act. See post, p. 335. (h) The rest of the section is repealed by the Stat. Law Rev. Act, 1875. See, further, note to sect. 10 of the Charit. Trusts Amend. Act, 1855, post. (i) Per Chitty, J., in Re Campden Charities (No. 2), 24 Ch. D. at p. 218. |