Sect. 26. Claims of cathedral another part less than fifty years before the commencement of this Act (b), and the two have not become mixed, as mentioned in this Act (c), so that they cannot conveniently be separated, and the governing body do not assent to the scheme dealing with the modern part of the endowment (d), the scheme relating to the old part of the endowment shall, subject to appeal to her Majesty in Council (e), apportion such parts, and may direct either that the endowment shall be divided and appropriated accordingly in manner provided in the scheme, or that the whole endowment shall be vested in the governing body of one of such parts; and that the portion which is to be applied by the governing body of the other part shall be a debt due to them from the other governing body, and shall be a first charge on the endowment after payment of any charges existing thereon at the date of the scheme. (a) See note (a) to the last section. (b) 2nd August, 1869. (c) See the last section. (d) See sect. 14 of this Act, ante. (e) See sect. 31 of this Act, and sect. 14 of End. Schools Act, 1873, post. 27. Where an educational endowment at the comschools mencement of this Act forms or has formed part of the Ecclesiastical endowment of any cathedral or collegiate church, the against Commis sioners (a). Commissioners (b) shall inquire into the adequacy of such educational endowment, and may submit to the Ecclesiastical Commissioners for England proposals for meeting out of the common fund of the Ecclesiastical Commissioners the claims of any school receiving assistance out of the endowment of any such church to have an increased provision made for it in respect of any estates of such church which may have been transferred to the Ecclesiastical Commissioners. And the Ecclesiastical Commissioners on assenting to any such proposal or any modification of it may make such provision out of their common fund by such means and in such manner as they think best, and a scheme under this Act (c) may with their consent be made for carrying such proposal into effect. (a) See note (e) to sect. 14 of this Act, ante. (b) The Charity Commissioners: End. Schools Act, 1874, ss. 1 and 10, post. (c) See sect. 9, ante. Sect. 27. alteration 28. In any scheme the Commissioners (a) may pro- As to vide for the alteration from time to time of such portions of schemes. of the scheme as they think expedient by the Charity Commissioners for England and Wales in the exercise of their ordinary jurisdiction, provided such alteration shall not be contrary to anything contained in this Act. (a) The Charity Commissioners: End. Schools Act, 1874, ss. 1 and 10, post. The alteration of a scheme under this section can only be effected by a Alteration scheme established in pursuance of the Acts for the time being in force under general jurisdiction. relating to the Charity Commissioners: End. Schools Act, 1873, s. 10, post. Schemes under these Acts provide that any alteration in the scheme may be effected by the Charity Commissioners under their ordinary jurisdiction: see clause 66 of Scheme No. V. in App. II. post. Schools Acts. Such schemes may, however, also be altered by a further scheme under the Alteration Endowed Schools Acts (sect. 44 of this Act, post; and see Re Sutton Coldfield under End. Grammar School, 7 App. Cas. at p. 93), and where a substantial alteration in an existing scheme is required, it is the practice to effect it by means of a fresh scheme under these Acts, and not under the ordinary jurisdiction of the commissioners. 29. For the purposes of this Act endowments attached Apprenticeship fees, &c. to any school for the payment of apprenticeship fees or for the advancement in life or for the maintenance or clothing or otherwise for the benefit of children educated at such school shall be deemed to be educational endowments (a). Provided that nothing shall be construed to prevent a scheme relating to any such endowment from providing, if the governing body so desire, for the continued application of such endowment to the same purposes. (a) See sect. 5 of this Act, ante. 30. In the case of any endowment which is not an Application educational endowment as defined in this Act (b), but the of non to education Sect. 30. income of which is applicable wholly or partially to any one or more of the following purposes; namely,— educational charities (a). Doles in money or kind; Marriage portions; Redemption of prisoners and captives; Relief of poor prisoners for debt; Any purposes which have failed altogether, or have it shall be lawful for the Commissioners (c), with the ingly : Provided that- any scheme relating to such endowment due regard shall be had to the educational interests of persons of the same class in life or resident within the same particular area as that of the persons who at the commencement of this Act are benefited thereby: (2.) No open space at the commencement of this Act enjoyed or frequented by the public shall be inclosed in any other manner than it might have been if this Act had not passed. (a) If there has been no declaration under this section, the mere fact that a scheme is pending before the Charity Commissioners, and that such a declaration may be made, is no reason why the Court should not, on a summons under sect. 28 of the Charit. Trusts Act, 1853, direct inquiries and settle a scheme: Re Charitable Gifts for Prisoners, L. R. 8 Ch. 199. (b) Sect. 5, ante. (c) The Charity Commissioners: End. Schools Act, 1874, ss. 1, 10, post. (d) Sect. 32, infra. Procedure for making Schemes. Sect. 30 (c), (d). of Commis 31. For the purposes of this Act it shall be lawful for her Appointment Majesty from time to time to appoint Commissioners (in this sioners. Act referred to as "the Commissioners "), and to appoint a secretary to such Commissioners, and to remove any Commissioners or secretary so appointed and appoint others, but the number of such commissioners shall not exceed three at any one time. The Commissioners of her Majesty's Treasury may assign to the Commissioners and secretary such salaries, and allow them to employ such assistant commissioners, officers, and clerks, as the Commissioners of her Majesty's Treasury may think proper. The Commissioners, secretary, and other persons so appointed and employed shall not hold office after the expiration of the time limited for the exercise of their powers (a). (a) Repealed by sect. 7 of the End. Schools Act, 1874, the powers and duties of the Endowed School Commissioners being by sect. 1 of that Act transferred to the Charity Commissioners. of draft 32. The Commissioners (b), after such examination or Preparation public inquiry as they think necessary, may prepare scheme (a). drafts of schemes for the purposes of this Act (c), subject to the following conditions; namely, (1.) Where the gross average annual income of an endowment or of the aggregate educational (a) exceeded ten thousand pounds a year, (b) exceeded one thousand pounds a year, then before the expiration of six months, after the commencement of this Act, any Sect. 32. 1. Draft scheme. Publication. Objections, &c. Inquiry. 2. Scheme governing body of any such endowment may, if they give to the Commissioners such notice as in this section mentioned, prepare and submit to the Commissioners in writing a scheme relating to such endowment, and the Commissioners shall consider such scheme before they themselves prepare any draft of a scheme relating to the same endowment; and any scheme so prepared by the governing body, and submitted to the Commissioners, shall, if approved by them, be adopted and proceeded with by them in the same manner as if it were a draft scheme originally prepared by themselves : (2.) The notice to be given by a governing body to the Commissioners is a notice of their intention to prepare and submit to the Commissioners a draft of a scheme, which notice shall be in writing, and shall be given to the Commissioners within two months after the commencement of this Act: (3.) The certificate of the Charity Commissioners for England and Wales shall be conclusive evidence for the purposes of this section of the income of an endowment or aggregate endowments of an endowed school. Procedure for establishing schemes. (a) The draft scheme prepared under this section is first printed and published: sect. 33. During two months after publication objections and suggestions may be made, or an alternative scheme submitted by a governing body: sect. 34; End. Schools Act, 1873, s. 12. At any time after the expiration of the two months an inquiry may be held: sect. 35. After the expiration of such two months, or the conclusion of such inquiry, submitted to objections, suggestions, and any alternative scheme submitted are considered. The commissioners then proceed to frame a scheme and submit it for the approval of the Committee of Council on Education: sect. 36. Committee of Publication and receipt of objections, &c. Approval or remittal to The scheme thus submitted to the Committee of Council is published with a notice that objections and suggestions will be received within one month: End. Schools Act, 1873, s. 13. After that time has expired the committee either approve the scheme or |