Sect. 3.

c. 75, s. 75(a).

grammar school, is at the commencement of this Act an 33 & 34 Vict. elementary school within the meaning of the Elementary Education Act, 1870 (d), and the gross average annual income of the aggregate educational endowments of such school during the three years next before such commencement did not exceed one hundred pounds, in such case after the commencement of this Act nothing in the principal Act shall apply to such school or the endowments thereof, and section seventy-five of the Elementary Education Act, 1870 (f), shall apply to such school and the endowments thereof in like manner as if it were a school which, at the commencement of the principal Act (g), was in receipt of an annual parliamentary grant, and schemes may accordingly be framed, submitted, and approved under the said section with reference to such school and endowments.

Provided, that nothing in this section shall prevent the Commissioners (h) from making, on the application of the governing body of an endowment of which part only is an educational endowment to which this section applies, a scheme dealing, in pursuance of the principal Act, with the part of such endowment applicable or applied to other charitable uses (i), and in such case the scheme may deal with the endowed school and endowment thereof in like manner as if this section had not been enacted.

The governing body of every school to which this section applies may, if they think fit, charge such fees to the scholars as may from time to time be approved by the Committee of Council on Education, and shall permit the school to be inspected and the scholars therein to be examined by one of her Majesty's Inspectors of Schools at such times and in such manner as the Committee of Council on Education may from time to time direct.

The certificate of the Charity Commissioners for England and Wales that a school is or is not a school to which this section applies shall be conclusive evidence of

the fact for the purposes of the principal Act and this section.

(a) For other exceptions from the End. Schools Acts, see sect. 8 of the End. Schools Act, 1869, ante.

(b) Defined by sect. 6 of the End. Schools Act, 1869, ante.

(c) See sects. 24 and 25. The Grammar Schools Act is printed in App. I. to this Book, post.

(d) 33 & 34 Vict. c. 75, s. 3, where an elementary school is defined as follows:- 'The term 'elementary school' means a school or department of a school at which elementary education is the principal part of the education there given, and does not include any school or department of a school at which the ordinary payments in respect of the instruction from each scholar exceed ninepence a week."

(ƒ) This section will be found in note (d) to sect. 8 of the End. Schools Act, 1869, ante, p. 602.

(g) 2nd August, 1869.

(h) Charity Commissioners: End. Schools Act, 1874, ss. 1, 10, post. (i) See sect. 24 of End. Schools Act, 1869, ante.

Sect. 3.

Endowed

endowments,

her Majesty

or Duchy of

4. Where any endowment (a), or any right of holding Extension of or any power of government of or management over Schools Acts to any endowment, or any power of appointing officers, &c. vested in teachers, exhibitioners (b), or others, either in any en- in right of dowed school (c) or with emoluments out of any endow- the Crown ment, is vested in her Majesty in right of her Crown or Lancaster. of the Duchy of Lancaster, the Endowed Schools Acts, 1869 and 1873, shall extend to such endowment, right, or powers; and the term "governing body" (b) in those Acts shall be deemed to include her Majesty:

Provided that

(1.) Any scheme with respect to such endowment, right, or power shall not be approved by the Committee of Council on Education (d) unless her Majesty assent to such scheme:

(2.) All notices and documents required to be served on or sent to a governing body (e) for the purposes of the Endowed Schools Acts, 1869 and 1873, may be served on or sent to the Lord Chancellor or the Chancellor of the Duchy of Lancaster, as the case may require :

(3.) With the consent of her Majesty, a scheme may

T.

TT

deal with any such right or power without saving or making due compensation therefor: (4.) Any assent or consent of her Majesty required for the purpose of the Endowed Schools Acts, 1869 and 1873, may be signified by her Majesty's sign manual, countersigned by the Lord Chancellor or by the Chancellor of the Duchy of Lancaster, as the case may require.

(a) Defined by the End. Schools Act, 1869, s. 4, ante.

(b) Defined, ibid., s. 7, ante.

(c) Defined, ibid., s. 6, ante.

(d) See sect. 13 of this Act, post.

(e) Sects. 15 and 33 of the End. Schools Act, 1869, ante.

Such notices and documents may be sent by post: End. Schools Act, 1869, s. 57, ante.

5. It shall be the duty of the Commissioners (a) in every scheme to have the same regard to the educational interests of persons in a particular class in life as they are by section eleven (b) of the principal Act required to have to the educational interests of any particular class of persons.

(a) Now the Charity Commissioners: End. Schools Act, 1874, ss. 1 and 10, post.

(b) Ante, p. 604; and see notes (c) and (d) to that section.

6. Where under the express terms of the original instrument of foundation of any endowed school or educational endowment the holder of any particular office is a member of the governing body of the school or endowment, nothing in section seventeen (a) of the principal Act shall be deemed to prevent the holder for the time being of such office from being retained as a member of the governing body of such school or endowment. (a) Ante, p. 611.

7. A scheme relating to any educational endowment (b) originally given to charitable uses since the passing (c) of the Act of the first year of the reign of William and Mary, chapter eighteen (commonly called the Toleration Act), if by the express terms of the original instrument

of foundation, or of the statutes or regulations made by Sect. 7. the founder, or under his authority in his lifetime, or within fifty years after his death (which terms have been observed down to the commencement of the principal Act), it is required that the majority of the members of the governing body or that the majority of the persons electing the governing body of such endowment, or that the principal teacher employed in the school, or that the scholars educated by the endowment, shall be members of a particular church, sect, or denomination, shall be excepted from the provisions of the principal Act mentioned in section nineteen (d) of the principal Act in like manner as a scheme mentioned in that section, and that section shall be construed as if a scheme relating to such an educational endowment as is above in this section mentioned were a scheme relating to an educational endowment mentioned in sub-section two of the said section.

(a) See End. Schools Act, 1869, s. 19, ante, and cases cited in note (b) thereto.

(b) Defined by End. Schools Act, 1869, s. 5, ante. (c) 1689.

(d) Ante, p. 612.

of 32 & 33

s. 25, as to new endow

with old

8. Whereas by section twenty-five (a) of the principal Amendment Aet it is enacted as follows: "Where an endowment or Vict. c. 56, part of an endowment originally given to charitable uses less than fifty years before the commencement of this ment mixed Act has, by reason of having been spent on school build- buildings. ings or teachers residences, or playground or gardens attached to such buildings or residences, become so mixed with an old endowment given more than fifty years before the passing of this Act, that in the opinion of the Commissioners (subject to appeal to her Majesty in Council) it cannot conveniently be separated from such old endowment, then the whole endowment shall for the purposes of this Act be deemed to be an endowment originally given to charitable uses more than fifty years before the commencement of this Act," and it is expe

Sect. 8.

Scheme as to endowments in which

schools under

c. 118, are

interested.

dient to amend the said section: be it therefore enacted, that

Where it appears to the Commissioners (b) (subject to appeal to her Majesty in Council) (c) that the endowment originally given less than fifty years before the commencement (d) of the principal Act is in value not less than the old endowment and was given under the belief that the old endowment was attached to some particular church, sect, or denomination, a scheme relating to such endowment shall provide for the giving of religious instruction to the scholars belonging to such church, sect, or denomination.

(a) Ante, p. 619; and see notes thereto.

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

(c) See End. Schools Act, 1869, s. 39, ante, and sect. 14 of this Act, post.

(d) 2nd August, 1869.

9. Where two or more schools are jointly interested in an educational endowment, and one of such schools is a school 31 & 32 Vict. mentioned in section three of" The Public Schools Act, 1868," the Commissioners shall not, without the consent of the Special Commissioners for the time being under "The Public Schools Act, 1868," deal by any scheme with the interest of such lastmentioned school in the endowment, but, with the consent of those Commissioners to the dealing with such interest, may, by a scheme under the principal Act, deal with such interest as well as with all other interests in such endowment (a).

Explanation of 32 & 33

Vict. c. 56, 8. 28, as to

schemes.

(a) Repealed by the Stat. Law Rev. Act, 1883, the powers of the Special Commissioners under the Public Schools Act, 1868, having expired.

10. A provision inserted in pursuance of section twentyeight (a) of the principal Act in any scheme, whether alteration of made before or after the passing of this Act, shall not be deemed to give the Charity Commissioners for England and Wales any power to alter any portions of such scheme except by a scheme established in pursuance of the Acts for the time being in force relating to such