body of the endowment, or any person or body corporate directly affected by the scheme: Re Shaftoe's Charity, 3 App. Cas. at p. 876. An appeal on the fourth ground can only be by the governing body: ibid. In every case the appellant must state in his petition the grounds upon which he appeals, that is, it must be shown on the face of the petition that the appeal is brought on one of the grounds expressly recognised by the clause, and that the appellant (if not the governing body) is "directly affected" by that of which he complains: see per Lord Selborne in Re Shaftoe's Charity, 3 App. Cas. at p. 876. There have been some decisions as to what is meant by "directly affected." In Re Shaftoe's Charity, supra, a petition was presented by certain inhabitants and ratepayers of a particular chapelry on the ground that they in common with the other inhabitants of the chapelry had a right to have their children taught free of expense in the school, and that that right was infringed by the scheme, but no individual complained that he had a child at the school whose status was interfered with. It was held that the petitioners were not directly affected by the scheme, and that the appeal could not be maintained. Lord Selborne said (at p. 877): "These petitioners in the strict and natural sense of the words are not 'directly' interested; they have no present personal interests in this matter which are taken away; they have merely, as members of the class constituted by the inhabitants of a particular area, a general privilege or educational advantage; that is, the opportunity, if from time to time they or their children should require it, of sending their children for education, free of charge, to this school. But the loss of such opportunities, so far as they are interfered with by the scheme, affects not directly and immediately, but indirectly and contingently, each of these individuals." See also Re Sutton Coldfield Grammar School, 7 App. Cas. 91, and Re Free Grammar School, &c. at Hemsworth, 12 App. Cas. 444. In the latter case a petition was presented by parents of children attending the school, on the ground that a proposed scheme did not make due compensation for their vested interest, and the vested interest of their sons, and it was held that as the Act did not (sect. 13, ante) direct that any interest of a boy on the foundation of a school should be saved or compensated, unless he was there at the time of the passing of the Act (2nd August, 1869), they had no locus standi. If the matter complained of is within the discretion of the commissioners, their decision will not be interfered with on appeal, unless the Court is plainly of opinion that the provisions of the Act have not been observed: Ross v. Charity Commissioners, 7 App. Cas. at p. 468; Re St. Leonard, Shoreditch, Parochial Schools, 10 App. Cas. 304. Cf. the case of appeals under the Charit. Trusts Acts, ante, p. 101. By sect. 42 of this Act, post, appeals may not be presented in the case of endowments which had not during the three years preceding this Act an average annual income of 1007. (b) See cases cited in note (a), supra. (c) The Charity Commissioners: End. Schools Act, 1869, ss. 1 and 10, post. (d) See sects. 19, 24, 25, and 26, ante; and End. Schools Act, 1873, s. 8, post. (e) See sect. 13 of this Act, ante, and notes thereto. (ƒ) The removal of the site of a school is within the scope of the Act: Re Free Grammar School, &c. at Hemsworth, 12 App. Cas. 444. Sect. 39 (ƒ)—(k). A scheme expressed to be without prejudice to a future scheme, to be Removal of framed in accordance with the End. Schools Acts, was held not wanting in site. the finality required by the Act, for as the Acts enabled the commissioners Scheme from time to time to make new schemes, the words to that effect in the scheme were surplusage: Re Sutton Coldfield Grammar School, 7 App. Cas. 91. to future (g) See sect. 11 of this Act, ante, and notes (c) and (d) thereto. (h) See End. Schools Act, 1873, s. 13, post. (i) The paragraph in italics was repealed by sect. 20 of the End. Schools Act, 1873, post. By sect. 14 of the same Act, post, every petition under this section is to be referred to the Judicial Committee of the Privy Council, as if it were an appeal from a Court from which an appeal lies to her Majesty in Council, and the petition and the costs of it are to be heard and dealt with in like manner as in such appeals, and the report to her Majesty is to be stated in open Court, as in the case of any such appeal. See also per Lord Selborne in Re Alleyn's College, Dulwich, 1 App. Cas. at p. 75. (j) See sect. 15 of the End. Schools Act, 1873, post. (k) As to the proceedings where a scheme is remitted, see the next section. without prejudice scheme. where scheme 40. Where a scheme is remitted with a declaration Proceedings the Commissioners (b) may either proceed to prepare is remitted (a). another scheme in the matter in the same manner as if no scheme had been previously prepared, or may submit for the approval of the Committee of Council on Education such amendments in the scheme as will bring it into conformity with the declaration. The Committee may, if they think fit, approve the scheme with such amendments, and shall publish and circulate the same in the same manner and subject to the same right of petition to her Majesty in Council as is before directed in the case of the approval of a scheme (c), and so on from time to time as often as occasion may require. (a) This section applies where a scheme is remitted under the last section, and also where it is remitted by the Committee of Council on Education under sect. 13 of the End. Schools Act, 1873, post. (b) The Charity Commissioners: End. Schools Act, 1874, ss. 1 and 10, post. (c) Sect. 37, ante; but see now sect. 13 of the End. Schools Act, 1873, post. to be laid 41. After the time has expired for a petition to her Majesty Schemes, &c. in Council against any scheme, or after her Majesty in Council before Parhas directed a scheme to be laid before Parliament, the scheme liament. Sect. 41. shall be forthwith laid before both Houses of Parliament, if Parliament be sitting, or if not, then within three weeks after the beginning of the next ensuing session of Parliament, and after such scheme has lain for forty days before Parliament, then unless within such forty days an address has been presented by one or other of the said Houses praying her Majesty to withhold her consent from such scheme or any part thereof, it shall be lawful for her Majesty by Order in Council to declare her approbation of such scheme or any part thereof to which such address does not relate (a). (a) This section is repealed by sect. 20 of the End. Schools Act, 1873 (except as regards schemes which had lain for forty days before Parliament before the commencement of that Act), sect. 15 of that Act being substituted for it. Exception as to schemes for endowments under 1007. New scheme on non 42. Where a scheme relates to an endowment which during the three years preceding the commencement of this Act (a) has had an average annual gross income of not more than one hundred pounds, no petition shall be presented to her Majesty in Council with reference to such scheme (b), so far as it relates to such an endow ment. 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. (a) 2nd August, 1869. (b) See sect. 39 of this Act, ante. 43. If any scheme or any part thereof is not approved approval (a). by her Majesty, then the Commissioners (6) may thereupon proceed to prepare another scheme in the matter, and so on from time to time as often as occasion may require. Amendment of schemes (a). (a) See note (a) to sect. 32 of this Act, ante. (b) The Charity Commissioners: End. Schools Act, 1874, ss. 1 and 10, post. 44. Schemes may be from time to time framed and approved for amending any scheme approved under this Act, and all the provisions of this Act relative to an original scheme (b) shall apply also to an amending scheme, mutatis mutandis. (a) See also sect. 28 of this Act, ante; and sect. 10 of the End. Schools Act, 1873, post. (b) See note (a) to sect. 32 of this Act, ante. Sect. 44. 45. A scheme shall not of itself have any operation, Scheme to but the same, when and as approved by her Majesty in take effect. Council (a), shall, from the date specified in the scheme, or, if no date is specified, from the date of the Order in Council, have full operation and effect in the same manner as if it had been enacted in this Act. (a) See sect. 15 of the End. Schools Act, 1873, post. scheme. 46. Upon a scheme coming into operation, every Act Effect of of Parliament, letters patent, statute, deed, instrument, trust, or direction relating to the subject-matter of the scheme, and expressed by such scheme to be repealed and abrogated, shall, by virtue of the scheme and of this Act, be repealed and abrogated from the date in that behalf specified, or, if no date is specified, from the date of the scheme coming into operation, and all property purporting to be transferred by such scheme shall, without any other conveyance or act in the law (so far as may be), vest in the transferees, and so far as it cannot be so vested shall be held in trust for the transferees. scheme. 47. The Order in Council approving a scheme (a) Evidence of shall be conclusive evidence that such scheme was within the scope of and made in conformity with this Act, and the validity of such scheme and order shall not be questioned in any legal proceedings whatever. (a) See sect. 15 of the End. Schools Act, 1873, post. 48. A scheme of the Commissioners shall not be submitted Quorum of to the Committee of Council on Education unless two at least sioners. Commis Sect. 48. of the Commissioners have signified in writing their approval Power of as to procuring evidence. 16 & 17 Vict. of such scheme, but in all other respects one commissioner may act under this Act (a). (a) Repealed by sect. 7 of the End. Schools Act, 1874; sect. 5 of that Act being substituted for it. 49. Section eleven of the Charitable Trusts Act, sioners, &c. 1853 (a), (which relates to the production of documents. by public officers,) and sections six, seven, eight and nine of "The Charitable Trust Act, 1855," (relating to evidence, and the attendance and examination of Vict. c. 124, witnesses,) shall extend to the Commissioners (b) and assistant commissioners under this Act, as if they were the Commissioners and inspectors mentioned in those c. 137. 18 & 19 88.6-9. Inquiry by public sittings sioners, &c. sections. (a) See Re Meyricke Fund, L. R. 13 Eq. 269; 7 Ch. 500. (b) The Charity Commissioners: End. Schools Act, 1874, ss. 1 and 10, post. 50. Where any Commissioner or assistant commisby Commissioner holds a local inquiry (a) for the purpose of a scheme under this Act, whether before or after the first publication of a draft scheme, he shall for that purpose hold a sitting or sittings in some convenient place in the neighbourhood of the place where the endowment is situate or administered, and thereat take and receive any evidence and information offered, and hear and inquire into any objections or suggestions made or to be made during the sitting or sittings respecting the scheme or the endowment or school, with power from time to time to adjourn any sitting. Notice shall be published, in such manner as the Commissioners (6) direct, of every such sitting (except an adjourned sitting), fourteen days at least before the holding thereof. (a) See sect. 35 of this Act, ante, and next section. (b) The Charity Commissioners: End. Schools Act, 1874, ss. 1 and 10, post. |