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Sect. 5 (a)-(c).

Non-educa

tional charities made educational

endowments.

City of London parochial charities.

Definition

of "endowed

school" (a).

Interpretation of terms.

Governing

By sect. 30 of this Act, post, dole charities and other non-educational endowments may, by a scheme made under this Act by the Commissioners, with the consent of the governing body, declaring that it is desirable that such charities should be applied for educational purposes, be made educational endowments, and dealt with accordingly.

Under sect. 23 of the City of London Parochial Charities Act, 1883, post, the Charity Commissioners are not bound to prepare a scheme under that Act for any endowment which is an educational endowment under this section. (b) Defined by the last section.

(c) Defined by sect. 7 of this Act, infra.

6. In this Act, unless the context otherwise requires, the term "endowed school" means a school which is (or if it were not in abeyance would be) wholly or partly maintained by means of any endowment (b): Provided that a school belonging to any person or body corporate shall not by reason only that exhibitions (c) are attached to such school be deemed to be an endowed school.

(a) For schools excepted from this Act, see sect. 8, post, and sect. 3 of the End. Schools Act, 1873, post.

(b) Defined by sect. 4 of this Act, ante.

(c) Defined by the next section.

7. In this Act, unless the context otherwise requires,— The term "exhibition " means any exhibition, scholarship, or other like emolument; and the term "exhibitioners" and other terms referring to exhibitions are to be construed accordingly:

The term "governing body" means any body corporate, persons or person (a) who have the right of holding, or any power of government of or management over any endowment (b) or, other than as master, over any endowed school (c), or have any power, other than as master, of appointing officers, teachers, exhibitioners or others, either in any endowed school, or with emoluments out of any endowment:

The term "Committee of Council on Education" means the Lords of the Committee of her Majesty's Privy Council on Education.

(a) Including, in the case of endowments, &c., vested in her Majesty in

body.

right of the Crown or the Duchy of Lancaster, her Majesty: End. Schools Act, 1873, s. 4, post.

Where the endowment of a hospital was, under an Act of Parliament, vested in the master and brethren, who were incorporated, and were directed to apply the rents partly in repairs, partly in payments to themselves, and partly in other payments, it was held that they were clearly the governing body: Att.-Gen. v. Moises, stated in App. III. to this Book, post. (b) Defined by sect. 4 of this Act, ante.

(c) Defined by the last section.

Sect. 7

(a)—(c).

8. Nothing in this Act, save as in this Act expressly Nothing in provided, shall apply

this Act, except as expressly provided,

to certain schools herein

31 & 32 Vict.

c. 118.

(1.) To any school mentioned in section three of the Public Schools Act, 1868 (b), or to the endow- to apply ment thereof: (2.) To any school which, on the first of January one named (a). thousand eight hundred and sixty-nine, was maintained wholly or partly out of annual voluntary subscriptions (e), and had no endowment except school buildings or teachers' residences, or playground or gardens attached to such buildings or residences:

(3.) To any school which, at the commencement of this Act, is in receipt of an annual grant out of any sum of money appropriated by Parliament to the civil service, intituled "For Public Education in Great Britain" (d), or to the endowment thereof; unless such school is a grammar school, as defined by the Act of the session of the third and fourth years of the reign of her present Majesty, chapter seventy-seven (e), or a school a department of which only is in receipt of such grant:

(4.) To any school (unless it is otherwise subject to this Act) which is maintained out of any endowment the income of which may, in the discretion of the governing body thereof, be wholly applied to other than educational purposes, or to such endowment:

(5.) To any school (unless it is otherwise subject to

Sect. 8.

Public schools.

Elem. Educ.

Act, 1870, 8. 75.

this Act) which receives assistance out of any endowment the income of which may, in the discretion of the governing body of such endowment, be applied to some other school: (6.) To any endowment applicable and applied solely for promoting the education of the ministers any church or religious denomination, or for teaching any particular profession, or to any school (unless it is otherwise subject to this Act) which receives assistance out of such endowment:

of

(7.) To any school which, during the six months before the first of January one thousand eight hundred and sixty-nine, was used solely for the education of choristers, or to the endowment of any such school if applicable solely for such education (ƒ).

(a) By sect. 3 of the End. Schools Act, 1873, post, an endowed school (not being a grammar school within 3 & 4 Vict. c. 77), which is an elementary school within the meaning of the Elem. Educ. Act, 1870 (33 & 34 Vict. c. 75), and the average income of which from its endowments does not exceed 1007. a year, is also excepted.

(b) 31 & 32 Vict. c. 118. These are Eton, Winchester, Westminster, Charterhouse, Harrow, Rugby, and Shrewsbury.

(c) Cf. the exception of charities supported wholly by "voluntary contributions" or partly by "voluntary subscriptions" from the Charit. Trusts Acts: Charit. Trusts Act, 1853, s. 62, ante, and note (d) thereto.

(d) See the Elem. Educ. Act, 1870 (33 & 34 Vict. c. 75), s. 75 of which is as follows:

"Where any school or any endowment of a school was excepted from the Endowed Schools Act, 1869, on the ground that such school was at the commencement of that Act in receipt of an annual parliamentary grant, the governing body (as defined by that Act) of such school or endowment may frame and submit to the Education Department a scheme respecting such school or endowment.

"The Education Department may approve such scheme with or without any modifications as they think fit.

"The same powers may be exercised by means of such scheme as may be exercised by means of any scheme under the Endowed Schools Act, 1869; and such a scheme, when approved by the Education Department, shall have effect as if it were a scheme made under that Act.

"A certificate of the Education Department that a school was at the commencement of the Endowed Schools Act, 1869, in receipt of an annual parliamentary grant shall be conclusive evidence of that fact for all purposes."

(e) See sects. 24 and 25. The Grammar Schools Act is printed in App. I.

to this Book, post.

(f) See also sect. 14, sub-s. (2), of this Act, and note thereto, post.

Reorganization of Endowed Schools.

Sect. 8

(e), (ƒ).

application

in of educa

ments (a).

9. The Commissioners (appointed as in this Act men- Schemes for tioned)(b), by schemes made during the period (c), the manner and subject to the provisions in this Act tional endow mentioned, shall have power, in such manner as may render any educational endowment (d) most conducive to the advancement of the education of boys and girls, or either of them, to alter, and add to any existing, and to make new trusts directions and provisions in lieu of any existing, trusts directions and provisions which affect such endowment, and the education promoted thereby, including the consolidation of two or more such endowments, or the division of one endowment into two or more endowments.

(a) As to the provisions of this Act with regard to the contents of schemes, see sects. 10 to 24, post. See also ante, pp. 170–172.

And as to the procedure for making schemes, see sects. 31 to 43 of this Act, and sects. 12 to 15 of the End. Schools Act, 1873; and see note to sect. 32 of this Act, post.

The removal of the site of a school is within the powers conferred by this Removal section: Re Free Grammar School, &c., at Hemsworth, 12 App. Cas. 444.

of site.

A provision in a proposed scheme that certain endowments which had Enlargement previously been applied in carrying on the schools of a particular parish of area. should thenceforth be applied in exhibitions for a larger arca of schools, was held to be within the powers of the commissioners: Re St. Leonard, Shoreditch, Parochial Schools, 10 App. Cas. 304.

(b) Sect. 31, now repealed. By sect. 1 of the End. Schools Act, 1874, post, Transfer of the powers and duties of the Endowed Schools Commissioners were trans- powers to ferred to the Charity Commissioners; and by sect. 10 of the same Act com- missioners. Charity Commissioners in this Act means the Charity Commissioners.

(c) See sect. 59 of this Act, now repealed. As to the continuance of these powers, see sect. 6 of the End. Schools Act, 1874, post. (d) Defined by sect. 5, ante.

10. The Commissioners (b) by any scheme relating Schemes as to an educational endowment (c) made during the to governing period (d), in the manner and subject to the provisions

bodies (a).

Sect. 10. in this Act mentioned, shall have power to alter the constitution, rights, and powers of any governing body (e) of an educational endowment, and to incorporate any such governing body, and to establish a new governing body, corporate or unincorporate, with such powers as they think fit, and to remove a governing body, and in the case of any corporation (whether a governing body or not) incorporated solely for the purpose of any endowment dealt with by such scheme, to dissolve such corporation.

Representative

governors.

Educational interests of

persons entitled to privileges (a).

(a) Certain exceptions from the power to make schemes interfering with the constitution of a governing body are made by sect. 14, sub-ss. (2), (3) and (4) of this Act, post.

Subject to certain provisions, endowments partly applicable to educational purposes and partly to other charitable uses, and the governing bodies thereof, may be dealt with as though the whole were educational endowments: sect. 24 of this Act, post.

In constituting bodies of governors under these Acts, the Endowed Schools Commissioners, following the recommendation of the Schools Inquiry Commissioners, introduced to a large extent the element of representation.

This practice has been followed by the Charity Commissioners not only in framing schemes under these Acts, but also in schemes under the Charit. Trusts Acts. This subject is more fully dealt with in n. (a) to sect. 2 of the Charit. Trusts Act, 1860, ante, pp. 560, 561.

The constitution of a body of governors will be understood from a perusal of scheme No. V., in App. II. to this Book, post.

(b) Now the Charity Commissioners: see note (b) to the last section.

(c) Defined by sect. 5 of this Act, ante.

(d) As to the continuance of these powers, see sect. 6 of the End. Schools Act, 1874, post.

(e) Defined by sect. 7 of this Act, ante.

11. It shall be the duty of the Commissioners (6) in every scheme which abolishes or modifies any privileges or educational advantages to which a particular class of persons are entitled (c), and that whether as inhabitants of a particular area or otherwise, to have due regard to the educational interests of such class of persons (d).

(a) By sect. 5 of the End. Schools Act, 1873, post, regard is also to be paid to educational interests of persons in a particular class of life.

If the scheme does not observe the provisions of this section, the governing body may appeal by petition to her Majesty in Council: sect. 39, sub-s. (4),

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