(4.) A regulation under this section, or an order made under any such regulation, shall be a complete indemnity to the Governor and Company of the Bank of England, and all companies and persons, for any act done pursuant to such regulation or order, and the said Governor and Company, and other companies and persons, shall conform to such regulation or order (k).

(a) The regulations which have been made by the Treasury under this section will be found in App. II. to this Book, post. They came into effect on the 1st of April, 1889.

(b) The Charity Commissioners, sect. 2, sub-s. (1), of this Act, ante.

(c) Sect. 17, ante.

(d) As to the official trustees of charitable funds, see Charit. Trusts Act, 1853, s. 51, ante.

(e) See note (a) to sect. 1 of this Act, ante.

(f) See Charit. Trusts Amend. Act, 1855, ss. 20, 21, ante.

(g) Charit. Trusts Act, 1860, s. 18, ante.

(h) Charit. Trusts Amend. Act, 1855, ss. 12, 22, 23, 25, 37, and Charit. Trusts Act, 1860, s. 2.

(i) Charit. Trusts Act, 1853, ss. 51, 52; Charit. Trusts Amend. Act, 1855, ss. 12, 22, 25, 37, and Charit. Trusts Act, 1860, s. 2, ante.

(j) See Charit. Trusts Act, 1853, s. 52, ante.

(k) Cf. Charit. Trusts Amend. Act, 1855, s. 27, and Charit. Trusts Act, 1860, s. 23, by which orders for the transfer of stock, &c., are a similar indemnity.

Sect. 4.

as to power

Trustee of

5. The Official Trustee of Charity Lands shall be Declaration authorized and be deemed always to have been autho- of Official rized to take and hold all such land and estate or interest Charity Lands in land, as, in pursuance of an order of the Board, is conveyed to or vested in him by any deed or assurance or otherwise (a).

(a) See Charit. Trusts Act, 1860, s. 2, ante.

to take and

hold land.

6. The Acts specified in the Second Schedule to this Repeal. Act are hereby repealed to the extent in the third column of that schedule mentioned: Provided that!

(a) this repeal shall not affect anything already done

or suffered, or the tenure, salary, or powers of
any officer holding office at the passing of this
Act;

(b) this repeal, so far as regards the Official Trustees
of Charitable Funds, shall take effect on the
date on which regulations under this Act in
relation to such trustees come into operation.

SCHEDULES.

FIRST SCHEDULE.

SECTIONS OF CHARITABLE TRUSTS ACTS RELATING TO INSPECTORS AND APPLIED TO ASSISTANT COMMISSIONERS.

16 & 17 Vict. c. 137.

1853.

18 & 19 Vict. c. 124.

23 & 24 Vict. c. 136.

32 & 33 Vict. c. 110.

Sections applied.

The Charitable Trusts Act, Sections five, nine, ten, eleven,

The Charitable Trusts
Amendment Act, 1855.
The Charitable Trusts Act,
1860.

twelve, fourteen, fifteen, nineteen, twenty-three, fiftyfour, fifty-six, fifty-seven, and fifty-eight. Sections six, seven, and eight.

Section six.

16 & 17 Vict. c. 137.

Part repealed.

The Charitable Trusts So much of section one as relates
Act, 1853.

to the inspectors; section four, section fifty-one down to "charitable funds and" inclusive, and section fifty-two down to the words "each separate charity and" inclusive.

Section three; in section four the words " or in his absence, of the chief clerk"; in section five the words "or in his absence, of the chief clerk"; section seventeen; in section eighteen the word "present," and the words "to be so appointed"; section twenty, from the words "and the secretary inclusive to end of section; section twenty-four, from "and the said trustees" inclusive to end of section.

23 & 24 Vict. The Charitable Trusts In section seventeen the words "apc. 136.

Act, 1860.

pointed under or in pursuance of the first or secondly recited Act."

THE ENDOWED SCHOOLS ACT, 1869.

32 & 33 VICT. c. 56.

An Act to amend the Law relating to Endowed Schools and other Educational Endowments in England, and otherwise to provide for the Advancement of Education.

[2nd August, 1869.]

WHEREAS the commissioners appointed by her Majesty under letters patent dated the twenty-eighth day of December one thousand eight hundred and sixty-four, to inquire into the education given in schools not comprised within the scope of certain letters patent of her Majesty, bearing date respectively the thirtieth day of June one thousand eight hundred and fifty-eight and the eighteenth day of July one thousand eight hundred and sixty-one, have made their report, and thereby recommended various changes in the government, management, and studies of endowed schools, and in the application of educational endowments, with the object of promoting their greater efficiency, and of carrying into effect the main designs of the founders thereof, by putting a liberal education within the reach of children of all classes (a); and have further recommended other measures for the object of improving education :

And whereas such objects cannot be attained without the authority of Parliament:

(a) The preamble shows that the legislature contemplated the possible removal of sites of schools: Re Free Grammar School, &c., at Hemsworth, 12 App. Cas. 444; and see sect. 9 of this Act, post.

Be it enacted by the Queen's most Excellent Majesty,

Short title.

Powers not restricted by Court.

Application of Act.

Commence

ment of Act.

Definition

of "endowment."

Definition of "educa

tional endow ment" (a).

by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

Preliminary.

1. This Act may be cited as "The Endowed Schools Act, 1869" (a).

(a) This Act, and the Endowed Schools Acts, 1873 and 1874, may be cited together as the Endowed Schools Acts, 1869, 1873, and 1874 (End. Schools Act, 1874, s. 10, post); and all of them are construed as one Act: ibid.

The Court is not at liberty in any way to restrict the extensiveness of the powers conferred by the Endowed Schools Acts: Re Meyricke Fund, L. R. 7 Ch. at pr. 505, 506, and see note (a) to sect. 1 of the Charit. Trusts Act, 1853, ante.

2. This Act shall not apply to Scotland or Ireland.

3. This Act shall come into operation on the passing thereof (a), which date is in this Act referred to as the commencement of this Act.

(a) 2nd August, 1869.

4. In this Act, unless the context otherwise requires, the term "endowment" means every description of property, real, personal, and mixed, which is dedicated to such charitable uses as are referred to in this Act, in whomsoever such property may be vested, and in whosesoever name it may be standing, and whether such property is in possession or in reversion, or a thing in action (a).

(a) Including endowments vested in her Majesty in right of the Crown or Duchy of Lancaster: End. Schools Act, 1873, s. 4, post.

5. In this Act, unless the context otherwise requires, the term "educational endowment" means an endowment (b) or any part of an endowment which, or the income whereof, has been made applicable or is applied for the purposes of education at school of boys and girls or either of them, or of exhibitions (c) tenable at a school

or an university or elsewhere, whether the same has been made so applicable by the original instrument of foundation or by any subsequent Act of Parliament, letters patent, decree, scheme, order, instrument, or other authority, and whether it has been made applicable or is applied in the shape-of payment to the governing body (c) of any school or any member thereof, or to any teacher or officer of any school, or to any person bound to teach, or to scholars in any school, or their parents, or of buildings, houses, or school apparatus for any school, or otherwise howsoever.

Sect. 5.

(a) By sect. 29 of this Act, post, endowments attached to a school for the Endowments payment of apprenticeship fees, or for the advancement or maintenance or attached to school. clothing, or otherwise for the benefit of children educated at such school, are to be deemed educational endowments.

Endowments made applicable to

education by scheme of

Endowments originally given for charitable purposes, but made applicable to educational purposes by a scheme of the Court of Chancery, are educational endowments: Ross v. Charity Commissioners, 7 App. Cas. 463. A school endowment for the education at the school of boys and girls, was held to be not the less an educational endowment because the deed of Court. foundation directed that certain persons might continue at the school after having attained twenty-one; and it was held not to be an endowment part after twentyof which was applicable to "other charitable uses" within sect. 24 of this one. Act, post: Re Hodgson's School, 3 App. Cas. 857.

Continuance

at school

devoted to

Where a scheme for regulating a charity provided that 3007. a year should Income be devoted to a grammar school, and that the trustees of the charity might, temporarily after thirty-six years, apply for liberty to discontinue the payment, it was education. held that the yearly payment while it lasted was an educational endowment: Re Free Grammar School, &c., at Hemsworth, 12 App. Cas. 444. Every kind of educational endowment which may be necessary for the Exhibitions. completion of a boy's education, whether at school or at a university, is within the definition. In regard to exhibitions at universities, it is not therefore confined to exhibitions connected with a particular school. It applies to all university exhibitions held for purposes of education, whether in connection with a particular school or not: Re Meyricke Fund, L. R. 7 Ch. 500.

Effect of

End. Schools
Acts on old

The effect of the End. Schools Acts has been in great measure to render obsolete the whole of the old law as to grammar schools (see ante, pp. 162-169). No case turning upon the old law on this subject has been law. decided since the present Act was passed, or can be decided while the End. Schools Acts remain in force, except in the improbable event of the consent of the Committee of Council on Education to the proceedings being obtained: see End. Schools Act, 1874, s. 6, post, p. 655. It is true that the Acts are at present temporary: see note (c) to the same section, post. But it is scarcely conceivable, whatever their fate may be, that the legislature will permit a return to the old law, especially as regards religious teaching, subjects of instruction, and removal of teachers.