(a)-(c). remit it with a declaration (ibid.), and if they remit it the Charity Commis- Sect. 32 sioners must submit amendments, or may propose an entirely new scheme: sect. 40. commis 3. Approved Publication. The scheme as finally approved by the Committee of Council on Education sioners. is published and circulated: End. Schools Act, 1873, s. 13. Within two months after such publication a petition of appeal may be scheme. presented against it to the Queen in Council (sect. 39; End. Schools Act, 1873, s. 14), or a petition may be presented to the Committee of Council on Education praying that the scheme may be laid before Parliament: End. Schools Act, 1873, s. 13. Petition to If a petition is presented to the Queen in Council the scheme may be ordered to be laid before Parliament, or may be remitted with a declaration: Petition to sect. 39 of this Act. In the latter case the procedure is the same as where Queen in a scheme is remitted with a declaration by the Committee of Council on Education: sect. 40. Council. scheme If no petition is presented to the Queen in Council or to the Committee of Where no Council on Education, the Queen may by order in Council declare her petition, approbation of the scheme without its being laid before Parliament: End. approved by Schools Act, 1873, s. 15. Order in Council. If a petition has been presented to the Committee of Council on Education Petition to the scheme must be laid before both Houses of Parliament for two months. Committee of At the end of that time, unless an address against it is presented by either Council on house, the Queen may by order in Council declare her approbation thereof: Education. ibid. missioners. If the scheme, or any part of it, is not approved by her Majesty, the Charity Remitted to Commissioners may proceed to prepare another scheme: sect. 43 of this Act. Charity ComA scheme when approved by her Majesty has the same effect as though Effect of it were enacted in this Act: sects. 45, 46. And the order in Council approval by approving a scheme is conclusive evidence of its validity: sect. 47. (b) The Charity Commissioners: End. Schools Act, 1874, ss. 1, 10, post. (c) The rest of this section is, of course, now out of date: see Re Charitable Gifts for Prisoners, L. R. 8 Ch. 199, cited in n. (a) to sect. 30 of this Act, ante. her Majesty. and publica schemes. 33. When the Commissioners (a) have prepared the As to printing draft of a scheme they shall cause it to be printed, and tion of draft printed copies of it to be sent to the governing body (6) or governing bodies of the endowment or endowments. to which it relates, and to the principal teacher of any ́endowed school to which it relates, and shall also cause the draft, or a proper abstract of it, to be published and circulated in such manner as they think sufficient for giving information to all persons interested. (a) The Charity Commissioners: End. Schools Act, 1874, ss. 1, 10, post. (b) As to the sending of documents to the governing body, see sect. 56 of this Act, post; and as to sending documents in the case of endowments, &c. vested in her Majesty in right of the Crown or Duchy of Lancaster, see End. Schools Act, 1873, s. 4, post. T. SS Sect. 34. Objections and sugges tions respect ing scheine and alterna tive scheme. Power to make inquiry 34. During three (a) months after the first publication (b) of the draft of a scheme the Commissioners (c) shall receive any objections or suggestions made to them in writing respecting such scheme, and shall receive any alternative scheme submitted to them by the governing body of any endowment to which the scheme of the Commissioners relates. (a) Now "two": End. Schools Act, 1873, s. 12, post. (b) See the last section. (c) The Charity Commissioners: End. Schools Act, 1874, ss. 1, 10, post. 35. At any time after the expiration of the three (a) into schemes. months the Commissioners (b), or any one of them, if they think fit, may hold an inquiry or they may refer the draft of the scheme and the alternative scheme, if any, to an assistant commissioner, and direct him to hold an inquiry (c) concerning the subject-matter of such scheme As to framing of schemes. or schemes. (a) Now "two": End. Schools Act, 1873, s. 12, post. (b) The Charity Commissioners: End. Schools Act, 1874, ss. 1, 10, post. (c) See sects. 50 and 51 of this Act, post. 36. As soon as may be after the expiration of the said three (a) months, or the holding of such inquiry by the Commissioners (b) or one of them, or the receipt by the Commissioners (b) of the report of the assistant commissioner, on the inquiry held by him (as the case may be) (c), the Commissioners shall proceed to consider any objections or suggestions made to them in writing respecting the draft scheme, and to consider the alternative scheme (if any) (d), and the report (if any), and thereupon they shall, if they think fit, frame a scheme in such form as they think expedient, and submit it for the approval of the Committee of Council on Education (e): Provided that where a scheme has been prepared and submitted in pursuance of this Act to the Commissioners before the Commissioners have prepared the draft of a scheme, the Commissioners shall, if requested by the governing body which submitted it, submit such scheme Sect. 36. with their own to the Committee of Council on Educa tion (ƒ). (a) Now "two": End. Schools Act, 1873, s. 12, post. (b) The Charity Commissioners: End. Schools Act, 1874, ss. 1, 10, post. (c) See the last section. (d) See sect. 34 of this Act, ante. (e) The Lords of the Committee of her Majesty's Privy Council on Education: sect. 7 of this Act, ante. A scheme of the Charity Commissioners may not be submitted to the Committee of Council on Education unless it has been approved at a meeting of the Board at which three commissioners (including the Chief Commissioner, unless unavoidably absent) are present: End. Schools Act, 1874, 8. 5, post. (f) See sect. 32 of this Act, ante. Committee of Council on schemes. Education to 37. The Committee of Council on Education shall consider Approval of all schemes so submitted to them, and may, if they think fit, approve any scheme so submitted, and shall cause the scheme so approved to be published and circulated in such manner as they think sufficient for giving information to all persons interested (a). If the Committee do not approve a scheme submitted to them the Commissioners (b) may frame and submit another scheme in the same manner as if no scheme had been previously framed and submitted; provided that where the Committee of Council on Education have not approved any scheme relating to an endowment, the governing body of which may under this Act (c) prepare and submit a draft of a scheme before the Commissioners (6) prepare a draft of a scheme, such governing body may, within three months after notice of such non-approval (if within one month thereafter they give written notice of their intention to the Commissioners), submit to the Commissioners an amended scheme; and the Commissioners shall consider the same before they frame and submit another scheme relating to the same endowment, and such amended scheme of the governing body, if approved by the Commissioners, shall be adopted and proceeded with Sect. 37. by them as if it were a scheme originally framed by themselves. Consent of college or hall (a). Appeal to Council (a). (a) This paragraph is repealed by sect. 20 of the End. Schools Act, 1873, post. The substituted provisions are contained in sect. 13 of the same Act, post. (b) The Charity Commissioners: End. Schools Act, 1874, ss. 1, 10, post. By sect. 13 of the End. Schools Act, 1873, post, the committee may either approve the scheme or remit it with a declaration; and in case of its being remitted the procedure to be followed is that prescribed by sect. 40 of this Act. (c) Sect. 32, ante. 38. Where a scheme abolishes any restriction which makes any exhibition (b) tenable only at a particular college or hall in any university, and the exhibition is payable out of property held by such college, or by the university in trust for such college or hall, (otherwise than as governing body of a school, or as a bare trustee,) the scheme shall not be approved if not less than two thirds of the governing body of such college or hall dissent therefrom in writing; but in every such case the Committee of Council shall make a special report to Parliament setting out the proposed scheme, and stating the dissent, and the reasons, if any, assigned for it. (a) As to how far this Act applies to exhibitions at Oxford and Cambridge colleges, see sect. 14, sub-sect. (4), ante, and note (ƒ) thereto. See also the definition of "educational endowment" in sect. 5 of this Act, ante. (b) Defined by sect. 7 of this Act, ante. 39. If the governing body of any endowment to which a scheme relates, or any person or body corporate directly affected (b) by such scheme, feels aggrieved by the scheme, on the ground (1.) Of any decision of the Commissioners (c) in a matter in which an appeal to her Majesty in Council is given by this Act (d); or (2.) Of the scheme not saving or making due compensation for his or their vested interest as required by this Act (e); (3.) Of the scheme being one which is not within the scope of or made in conformity with this Act (f); or (4.) (If the governing body are the petitioners,) of a scheme not having due regard to any educa- such governing body, person, or body corporate may Her Majesty, by order in Council, may refer any such petition for the consideration and advice of five members at the least of her Privy Council, of whom two (not including the Lord President) shall be members of the Judicial Committee, and such five members may, if they think fit, admit counsel to be heard in support of and against the petition, and shall have the same power with respect to the costs of all parties to the petition as the Court of Chancery would have if the petition were a proceeding in that Court by way either of petition or information for obtaining a scheme (i). Any petition not proceeded with in accordance with the regulations made with respect to petitions presented to the Judicial Committee of the Privy Council shall be deemed to be withdrawn. It shall be lawful for her Majesty by order in Council to direct that the scheme petitioned against be laid before Parliament (j), or to remit it (k) to the Commissioners (c) with such declaration as the nature of the case may require. Sect. 39. (a) This section states four grounds upon any of which a petition of appeal Who may may be presented. appeal. An appeal on any of the first three grounds may be by the governing |