Imatges de pàgina
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of assistant

sioners.

51. The assistant commissioner who holds a local Sect. 51. inquiry (a) shall make a report in writing to the Com- As to report missioners (b) setting forth the result of the inquiry, and commiswhere a draft scheme, with or without an alternative scheme, has been referred to him whether in his opinion such draft or alternative scheme, as the case may be, should be approved with or without alteration, and if with any, then with what alteration, and his reasons for the same, and the objections and suggestions, if any, made on the inquiry, and his opinion thereon.

(a) See sects. 35 and 50 of this Act.

(b) The Charity Commissioners: End. Schools Act, 1874, ss. 1 and 10, post.

Miscellaneous.

of powers of

missioners,

52. During the continuance of the power of making schemes Restriction under this Act the Charity Commissioners for England and Charity ComWales, or any Court or judge, shall not, with respect to any Court, &c. educational endowment which can be dealt with by a scheme under this Act, make any scheme or appoint any new trustees without the consent of the Committee of Council on Education (a).

During the same period the Charity Commissioners shall have the same power of acting upon application made to them by the Commissioners under this Act (b) with respect to any educational endowment as they would have if such application had been made by the governing body of such endowment; and the governing body shall conform to any order made or directions given by the Charity Commissioners upon such application.

(a) The paragraph in italics was repealed by sect. 7 of the End. Schools Act, 1874, sect. 6 of that Act being substituted for it. As to the continuance of these powers, see note (c) to the last-mentioned section, post. S.

(b) The Charity Commissioners may now exercise these powers of their own motion: see sect. 4 of the End. Schools Act, 1874, post.

53. The chapel of an endowed school subject to this School which either has been before or after the com- propriated

Act,

chapels ap

for religious

worship free from parochial jurisdiction.

Sect. 53. mencement of this Act consecrated according to law, or is authorized for the time being by the bishop of the diocese in which the chapel is situate, by writing under his hand, to be used as a chapel for such school, shall be deemed to be allowed by law for the performance of public worship and the administration of the sacraments according to the liturgy of the Church of England, and shall be free from the jurisdiction and control of the incumbent of the parish in which such chapel is situate.

Quorum of governing body for acting under this Act.

Persons acquiring

passing of Act to be subject to scheme.

54. The majority of the members of a governing body who are present at a meeting of their body duly constituted shall have power to do anything that may be required to be done by a governing body for the purposes of this Act: Provided that this power shall be in addition to and not in restraint of any power which any meeting of such governing body may have independently of this Act.

55. Every interest, right, privilege, or preference, or interest after increased interest, right, privilege, or preference, which any person may acquire after the passing of this Act (a) in or relative to any endowed school (b) or educational endowment (c), or in the governing body (d) thereof, or as member of any such governing body, or in or relative to any mastership, office, place, employment, pension, compensation, allowance, exhibition, or emolument in the gift of any such governing body, shall be subject to the provisions of any scheme made under this Act; and the governing body of an endowed school or educational endowment shall not, during the continuance of the power of making schemes under this Act, begin to build, rebuild, or enlarge any school buildings or teachers residences or buildings connected therewith, except with the written consent of the Commissioners (e), or under the directions of such a scheme, but this provision shall not prevent them from continuing any works begun before the passing of this Act, or from doing anything

necessary for the repair or maintenance of buildings or residences existing at the passing of this Act.

(a) 2nd August, 1869. By the End. Schools Act, 1868 (31 & 32 Vict. c. 32), it was provided, that persons appointed after the passing of that Act were to take office subject to future legislation. See ante, p. 456.

The effect of the End. Schools Act, 1868, and of this section, and of the schemes established under the End. Schools Acts, has been to render the old law, as to the appointment and dismissal of schoolmasters (see ante, pp. 218 et seq.), to a great extent obsolete.

(b) Defined by sect. 6 of this Act, ante. (c) Defined by sect. 5 of this Act, ante.

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

(e) The Charity Commissioners: End. Schools Act, 1874, ss. 1, 10, post.

Sect. 55.

Effect on old law as to appointment and dismissal

of masters.

notices.

56. Notices and documents required to be served on Service of or sent to a governing body (a) for the purposes of this Act may be served or sent by being left at the office, if any, of such governing body, or being served on or sent to the chairman, secretary, clerk, or other officer of such governing body, or if there is no office, chairman, secretary, clerk, or officer, or none known to the Commissioners (b) (after reasonable inquiry), by being served on or sent to the principal teacher of the school (if any) under such governing body.

(a) See sects. 15 and 33 of this Act. And with regard to endowments vested in her Majesty in right of the Crown or Duchy of Lancaster, see sect. 4 of the End. Schools Act, 1873, post.

(b) The Charity Commissioners: End. Schools Act, 1874, ss. 1, 10, post.

post.

57. Notices and documents required to be served or Service by sent for the purposes of this Act may be served or sent by post, and shall be deemed to have been served and received at the time when the letter containing the same would be delivered in the ordinary course of the post; and in proving such service or sending it shall be sufficient to prove that the letter containing the notices or documents was properly addressed and put into the post office.

Act.

58. The salaries paid and expenses incurred in carry- Expenses of ing into effect this Act shall be defrayed out of monies to be provided by Parliament.

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59. The powers of making and approving of a scheme under this Act shall not, unless continued by Parliament, be exercised after the thirty-first of December one thousand eight hundred and seventy-two, or such further day not later than the thirty-first of December one thousand eight hundred and seventy-three, as may be appointed by her Majesty in Council (a).

(a) Repealed by the End. Schools Act, 1874, s. 7, post. See sect. 17 of the End. Schools Act, 1873 (now repealed), and sect. 6 of the End. Schools Act, 1874, and note (c) thereto, post.

THE ENDOWED SCHOOLS ACT, 1873.

36 & 37 VICT. c. 87.

An Act to continue and amend the Endowed Schools Act,
1869.
[5th August, 1873.]

Be it enacted by the Queen's most Excellent Majesty, by
and with the advice and consent of the Lords Spiritual
and Temporal, and Commons, in this present Parlia-
ment assembled, and by the authority of the same, as
follows:

of Act and

c. 56.

1. This Act shall be construed as one with the Construction Endowed Schools Act, 1869 (in this Act referred to as short title. the principal Act), and the principal Act and this Act 32 & 33 Vict. may be cited together as the Endowed Schools Acts, 1869 and 1873 (a), and this Act may be cited as the Endowed Schools Act, 1873.

(a) These Acts and the End. Schools Act, 1874, may be cited together as the End. Schools Acts, 1869, 1873, and 1874, and the three Acts are construed together: End. Schools Act, 1874, s. 10, post.

ment of Act.

2. This Act shall come into operation on the first day Commenceof September one thousand eight hundred and seventythree, which day is in this Act referred to as the commencement of this Act.

elementary

3. Where an endowed school (b), not being a grammar Exception of school as defined by the Act of the session of the third schools from and fourth years of the reign of her present Majesty, chapter seventy-seven (c), or a department of such a application

32 & 33 Vict. c. 56, and

thereto of

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