Sect. 18. universities, shall in future, if otherwise qualified, be eligible as such head master or other master. Application of Act to before Par liament during present session. (a) Sect. 6, ante. (b) The Charity Commissioners: End. Schools Act, 1874, ss. 1 and 10, post. 19. Where a scheme has been laid before Parliament schemes laid during the present session, but has not at the expiration of such session lain for forty days before Parliament, and no address has been presented by either House of Parliament praying her Majesty to withhold her consent from such scheme or any part thereof, the Committee of Council on Education may, if they think fit, cause to be published and circulated, in such manner as they think sufficient for giving information to all persons interested, a notice stating that unless within two months after the first publication of the notice such petition as is in this section mentioned is presented to the Committee of Council on Education such scheme may be forthwith approved by her Majesty. During the said two months a petition praying that the scheme may lie before Parliament during two months as directed by this Act may be presented to the Committee of Council on Education by any governing body, council, or ratepayers, who would, if such scheme were approved by such Committee after the commencement of this Act, be authorised by this Act to present a petition praying that such scheme may be laid before Parliament. If no such petition is presented within the said two months it shall be lawful for her Majesty by Order in Council to declare her approbation of such scheme in like manner as if it had lain for forty days before Parliament in accordance with the principal Act. Any scheme to which this section applies and which is not approved by her Majesty under this section shall continue to lie before Parliament, and the provisions of this Act shall apply in like manner as if such scheme had been laid before Parliament in pursuance of this Act (a). (a) Repealed by the Stat. Law Rev. Act, 1883. Sect. 20. 20. The principal Act is hereby repealed as from the commencement of this Act to the extent mentioned in the third Repeal. column of the schedule to this Act: Provided, that this repeal shall not (a) Affect anything duly done or suffered under any enactment hereby repealed; or (b) Affect any right, obligation, or liability acquired or incurred under any such enactment; or (c) Affect any legal proceeding or remedy in respect of such right, obligation, or liability (a). (a) This section and the schedule are repealed by the Stat. Law Rev. Act, 1883. SCHEDULE (a). A description or citation of a portion of an Act is inclusive of the words or other part first or last mentioned or otherwise referred to as forming the beginning or as forming the end of the portion comprised in the description or citation. Transfer of powers of Endowed Schools Com Charity Commissioners. THE ENDOWED SCHOOLS ACT, 1874. 37 & 38 VICT. c. 87. An Act to amend the Endowed Schools Acts. [7th August, 1874.] 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 Parliament assembled, and by the authority of the same, as follows: Transfer of Powers. 1. On and after the thirty-first day of December one thousand eight hundred and seventy-four all powers and missioners to duties by the Endowed Schools Acts (a) vested in or imposed on the Endowed Schools Commissioners (b) shall be transferred to and imposed on the Charity Commissioners, and, except as otherwise provided by this Act, shall be exercised and performed by the Charity Commissioners in like manner and form and subject to the same conditions, liabilities, and incidents respectively as such powers and duties have been exercised and performed by the Endowed Schools Commissioners, or as near thereto as circumstances permit. On and after the thirty-first day of December one thousand eight hundred and seventy-four the Commissioners, secretary, assistant commissioners, and other persons appointed and employed in pursuance of the Endowed Schools Acts shall cease to hold office (c). (a) End. Schools Acts, 1869 and 1873: sect. 9 of this Act, post. (b) The commissioners appointed in pursuance of the End. Schools Act, 1869 sect. 9 of this Act, post. (c) The paragraph in italics was repealed by the Stat. Law Rev. Act, 1883. Sect. 2. to Charity sioners. 2. Her Majesty and her successors may at any time after the passing of this Act, by warrant under her sign Power to add manual, from time to time appoint any number of per- Cominissons not exceeding two to be paid Charity Commissioners for England and Wales and a person to be secretary in addition to the three paid Charity Commissioners and secretary capable of being appointed under the Charitable Trusts Acts, 1853 to 1869 (a). The two additional Commissioners and additional secretary appointed in suance of this Act shall hold office during her Majesty's pleasure, and their salaries shall, unless otherwise directed by Parliament, cease to be paid after the expiration of five years from the said thirty-first day of December one thousand eight hundred and seventy-four (b). pur Save as in this section mentioned, the additional Commissioners shall have the same powers, perform the same duties, and stand in all respects in the same position as the other paid Charity Commissioners with the exception of the Chief Commissioner. The Commissioners of her Majesty's Treasury may allow the Charity Commissioners to employ such number of assistant commissioners, officers, and clerks as the Commissioners of her Majesty's Treasury may think necessary for the purpose of enabling the said Charity Commissioners to perform the additional duties imposed upon them by this Act. (a) See sects. 1 and 2 of the Charit. Trusts Act, 1853, ante. (b) By the End. Schools Acts Continuance Act, 1879 (42 & 43 Vict. c. 66), the payment of these salaries was extended to the end of 1882, and it has since been continued annually by the Expiring Laws Continuance Acts, together with the power of making schemes: see note (c) to sect. 6 of this Act, post. missioners their 3. There shall be repealed so much of the Charitable Trusts Salaries of Acts, 1853 to 1869, as regulates the amounts of the salaries Charity Comof the Commissioners, their secretary and inspectors; and (a) and the there shall be paid to the Commissioners, their secretary or secretaries, assistant commissioners, inspectors, officers, and clerks, whether appointed under this Act or under the said Charitable Trusts Acts, out of moneys Sect. 3. provided by Parliament, such salaries as the Treasury may from time to time determine: Provided that no decrease shall be made in pursuance of this section in the salary of any Charity Commissioner, secretary, inspector, officer, or clerk appointed before the passing of this Act under the said Charitable Trusts Acts, or any of them. (a) The words in italics were repealed by the Stat. Law Rev. Act, 1883. See sect. 4 of the Charit. Trusts Act, 1853, and sect. 22 of the Charit. Trusts Act, 1860, ante. Exercise of certain powers by Charity Commissioners. Quorum of Commissioners (a). Continuance of powers transferred Amendment of Law. 4. Any power by the Endowed Schools Act, 1869 (a), vested in the Charity Commissioners, upon application made to them by the Commissioners under the said Act, may after the said thirty-first day of December one thousand eight hundred and seventy-four be exercised by the Charity Commissioners of their own motion. (a) Sect. 52, ante. 5. A scheme of the Charity Commissioners made in pursuance of the powers of this Act and the Endowed Schools Acts (6), or any of them, shall not be submitted (e) to the Committee of Council on Education unless it has been approved at a meeting of the Board at which there are present not less than three Commissioners (of whom one shall be the Chief Commissioner, or, in his absence from illness or unavoidable cause, such other Charity Commissioner as may for the time being be named by the Committee of Council on Education); in all other respects one Charity Commissioner may act under the Endowed Schools Acts as amended by this Act. (a) This section is substituted for sect. 48 of the End. Schools Act, 1869, repealed by sect. 7 of the present Act. (b) End. Schools Acts, 1869 and 1873: see sect. 9 of this Act, post. Miscellaneous and Repeal. 6. The powers of making schemes under the Endowed Schools Acts (a) as amended by this Act (b) shall continue |