progress of the school, and on any special occurrences during the year. He may also mention the names of any of the boys who, in his judgment, are worthy of reward or distinction, having regard both to proficiency and conduct. App. II. 49. The governors may award prizes of books or other suitable rewards Prizes. as marks of distinction to any boys mentioned as worthy of reward or distinction by the head master or by the examiner or examiners. THE GIRLS' SCHOOL. school. 50. The girls' school shall be subject to the like provisions as are General procontained in the foregoing clauses relating to the grammar school, visions as for except that the head mistress need not be a graduate of any university. grammar For the purposes of this clause, such foregoing clauses shall be read as if the following modifications were made therein, namely, "mistress" for "master," and "girl" for "boy," with any consequent modifications. 51. The fixed yearly stipend to be received by the head mistress of Income of the girls' school, apart from the capitation payment, shall be 1007. a head mistress. year. 52. The subjects of instruction in the girls' school, besides religious Instruction instruction as hereinbefore provided, shall be : Reading, writing, and arithmetic; Geography and history; : English grammar, composition, and literature; One or more branches of natural science; Geometry; Domestic economy and laws of health; Drawing, drill, and vocal music; and such other subjects as the governors may from time to time fix. Other modern foreign languages may be taught at such additional fees as the governors may fix from time to time. SCHOLARSHIPS AND EXHIBITIONS. 53. Scholarships, to be called Foundation Scholarships, shall be Scholarships. maintained in each of the two schools in the form of exemptions, total or partial, from the payment of tuition fees. The number of such scholarships shall be thirty-two, or as near that number as the income of the foundation will allow. Not less than half of the scholarships shall be in the form of total exemptions. The two schools shall share in the number of scholarships in the form of total exemptions and the number of scholarships in the form of partial exemptions respectively rateably according to the number of boys and the number of girls in the two schools respectively. In each school one-fourth of the scholarships shall be open only to boys or girls, as the case may be, who are and have for not less than three years been scholars in any of the public elementary schools in Hitchin, and one-fourth shall be open only to boys or girls, as the case may be, who are and have for not less than three years been scholars in any of the public elementary schools in the parishes or places of Holwell, Ickleford, Pirton, and Lower Stondon, but so that of such last-mentioned one-fourth two scholarships shall always be limited to such boys or girls from such schools in the parish of Holwell. The scholarships open only to boys or girls in the public elementary schools in this clause aforesaid, shall be awarded on the result of the examination for admission to the schools respectively. App. II. Scheme Exhibitions. General conditions as to scholarships and exhibitions. Deprivation. Pension fund. fund. The other scholarships shall be awarded on the result of the exami nation for admission to the schools respectively, or of the yearly exami nation, but no such scholarship shall be awarded to any scholar already in either school, unless the head master or head mistress of such school shall report in writing that the scholar is deserving of it by reason of his or her character and good conduct. 54. The governors may, if the income is sufficient, maintain exhibitions, tenable elsewhere at any place of advanced education approved by them, and to be awarded on the result of the yearly examination or such other examination as the governors think fit to boys or girls who then are and have for not less than three years been in either school. 55. The scholarships and exhibitions shall be established in such manner and order as to secure as nearly as may be a regular rotation of award, and, subject as herein provided, shall be awarded and held under such regulations and conditions as the governors think fit. Every scholarship and exhibition shall be given as the reward of merit, and shall, except as herein provided, be freely and openly competed for, and shall be tenable only for the purposes of education. Any scholarship or exhibition for which there shall be no candidate qualified for the same as aforesaid, who, on examination, shall be adjudged worthy to take it, shall for that turn not be awarded. 56. If the holder of a scholarship or exhibition shall, in the judgment of the governors, be guilty of serious misconduct or idleness, or fail to maintain a reasonable standard of proficiency, or wilfully cease to pursue his or her education, the governors may deprive him or her of the scholarship or exhibition, and for this purpose, in the case of an exhibition held elsewhere, may act on the report of the proper author ties of the school or place of education at which the exhibition is held, or on such other evidence as the governors think sufficient. Under this clause the decision of the governors shall be final in each case. GENERAL. 57. The governors may, if they think fit, and the income at their disposal suffice for the purpose, agree with the head master of the grammar school for the formation of a fund in the nature of a pension or superannuation fund, the main principles of such agreement being that the head master and the governors respectively shall contribute yearly for a period of twenty years such sums as may be agreed on; that these contributions shall accumulate at compound interest; that in case the head master serves his office for such twenty years he shall, on his retirement, be entitled to the whole accumulated fund; that in case he retires earlier on account of permanent disability from illness, he shall also be entitled to the whole of the same fund; that in all other cases he shall, on his ceasing to be head master, be entitled to the amount produced by his own contributions. The governors may make a like agreement with the head mistress of the girls' school. If any question shall arise upon the construction or working of the provisions of this clause, the same shall be referred by the governors to the Charity Commissioners whose decision thereon shall be final and conclusive. Repairs and 58. A sum of 1,000l., Three per Cent. Government Stock, belonging improvements to the foundation, or as near that sum as practicable, shall be placed to a separate account, entitled "Repairs and Improvements Fund." The income of such fund shall be paid to the governors and applied by them in ordinary repairs or improvements of property used for the purposes of the schools, and if not wanted for that purpose shall be accumulated for the like purpose in any future year or years. Until the income of the Repairs and Improvements Fund amounts to 307. a year, it shall be made up to that amount out of the general income of the foundation. App. II. No. V. 59. Subject to the payment of the expenses of management of Residue. property and business, and of any necessary or proper outgoings, any income of the foundation not applied under the foregoing provisions, and not needed as a balance to meet current expenses, may be applied in improving the accommodation or convenience of the school buildings, or premises, or generally in extending or otherwise promoting the objects and efficiency of the schools, and so far as not applied shall, on passing the yearly accounts, be invested in the name of the Official Trustees of Charitable Funds in trust for the foundation in augmentation of its endowment. 60. The governors may receive any additional donations or endow- Further ments for the general purposes of the foundation. They may also endowments. receive donations or endowments for any special objects connected with the foundation which shall not be inconsistent with or calculated to impede the due working of the provisions of this scheme. Any question arising upon this last point shall be referred to the Charity Commissioners for decision. 61. Within the limits prescribed by this scheme, the governors shall General have full power from time to time to make regulations for the conduct power of of their business and for the management of the foundation, and such governors to regulations shall be binding on all persons affected thereby. make regu lations. 62. Any question affecting the regularity or the validity of any pro- Question of ceeding under this scheme shall be determined conclusively by the proceedings Charity Commissioners, upon such application made to them for the under scheme. purpose as they think sufficient (a). 63. If any doubt or question arises among the governors as to the Construction proper construction or application of any of the provisions of this of scheme. scheme, the governors shall apply to the Charity Commissioners for their opinion and advice thereon, which opinion and advice when given shall be binding on the governors, and on all persons claiming under the foundation who shall be affected by the question so decided (a). 64. So far as relates to the foundation, all jurisdiction of the Jurisdiction ordinary relating to or arising from the licensing of masters in any endowed school is hereby abolished (b). 65. No person shall be disqualified for being a master in either school by reason only of his not being, or not intending to be, in Holy Orders (c). of ordinary abolished. Masters not to be required to be in Holy Orders. Alteration of 66. The Charity Commissioners may, from time to time, in the exercise of their ordinary jurisdiction, frame schemes for the altera- scheme. tion of any portion of this scheme, provided that such schemes be not inconsistent with anything contained in the Endowed Schools Act, 1869, and Amending Acts (d). 67. Nothing in this scheme shall affect any order of the Charity Foundation to Commissioners now in force, so far as it makes provision for the be governed discharge of any mortgage debt on any property of the foundation, or this scheme. exclusively by for the replacement of any stock or money advanced out of the funds (a) These clauses confer quasi-visitatorial jurisdiction on the Charity Commissioners. See ante, pp. 76, 77; see also Re Hodgson's School, 3 App. Cas. 857, stated ante, p. 616. (b) The insertion of this clause is rendered compulsory by sect. 21 of the End. Schools Act, 1869, ante. (c) This clause is rendered compulsory (except in certain cases) by sect. 18 of the End. Schools Act, 1869, ante. (d) See sect. 28 of the End. Schools Act, 1869, ante. of the foundation. From and after the date of this scheme the foundation shall for every purpose, except as in this scheme provided, be administered and governed wholly and exclusively in accordance with the provisions of this scheme, notwithstanding any former or other scheme, Act of Parliament, Charter, or letters patent, statute, or instrument relating to the subject-matter of this scheme. 68. The governors shall cause this scheme to be printed, and a copy to be given to every governor, head master, and assistant master, head mistress, assistant mistress, and teacher, upon their entry into office respectively, and copies may be sold at a reasonable price to all persons applying for the same. 69. The date of this scheme shall be the day on which her Majesty by Order in Council declares her approbation of it. 1888. Part of en dowment to SCHEME No. VI. (Endowed Schools Acts, Application of Non-educational Charity This Scheme deals with Sponne's Charity, in the Parish of 1. It is hereby declared with the consent of the governing body that it is desirable to apply for the advancement of education part of the be applied for endowment of this foundation as follows, that is to say, the piece of land described in the schedule hereto, and a yearly sum of 507. out of the income of this foundation. advancement of education. Union with dation. 2. From the date of this scheme so much of the endowment of this another foun- foundation as is hereby made applicable for the advancement of education shall be part of the foundation governed by a scheme made under the Endowed Schools Act, 1869, and Amending Acts, under the name of the Towcester Grammar School, and shall be administered under that scheme accordingly. Vesting property. Payment to 3. From the date of this scheme the said piece of land shall vest in the Official Trustee of Charity Lands and his successors in trust for the said Towcester Grammar School. 4. From the date of this scheme the yearly sum of 501. hereby another foun- made applicable for the advancement of education shall be paid by the governing body of this foundation to the governors of the said Towcester Grammar School. dation. Alteration of scheme. Date of scheme. 5. The Charity Commissioners may from time to time in the exercise of their ordinary jurisdiction frame schemes for the alteration of any portions of this scheme, provided that such schemes be not inconsistent with anything contained in the Endowed Schools Act, 1869, and Amending Acts (b). 6. The date of this scheme shall be the day after the date of the said other scheme. SCHEDULE. (a) End. Schools Act, 1869, s. 30, ante. 12th May, 1887. (b) See sect. 28 of the End. Schools Act, 1869, ante. SCHEME No. VII. (Prison Charity.) Scheme for the Administration of Lady Catherine Barnardiston's Prison Charity, in the City of London. App. II. 1. The annual income of the charity, consisting of the sum men- Benefit of tioned in the schedule hereto, shall be applied by the Court of discharged Aldermen of the City of London, as the present trustees thereof, for prisoners. the benefit of deserving and necessitous prisoners, who have been confined in any prison to which the Prison Act, 1877, applies, upon their discharge from prison, or, in the case of youthful offenders who have been subsequently detained in a certified reformatory school, upon their discharge from such school, in one or more of the following ways, as the trustees think fit, viz. :— (a) In providing them with clothing or other necessaries; (b) In assisting them to return to their homes; (c) In aiding them to earn an honest livelihood, either by assisting or by apprenticing them, or by loans or gifts of tools, stock (d) In assisting them to go to sea as sailors, or to emigrate. Provided that beneficiaries shall not be selected from any prison or reformatory school until the trustees have given to the proper authorities thereof an opportunity to make recommendations, and have duly considered such recommendations if made. 2. In selecting the beneficiaries the trustees shall prefer such Preference. prisoners as have been committed to prison from the Central Criminal Court District. 3. The trustees, in lieu of applying the income of the charity as Power to pay herein before directed, may in any year pay it over to any duly certified over income Discharged Prisoners Aid Society, upon receiving from the secretary Prisoners Aid to Discharged or other officer of any such society an undertaking in writing to apply Societies. the same in accordance with the provisions of this scheme, and to transmit to the Charity Commissioners and to the Secretary of State for the Home Department in every year an account of all moneys received and paid by the society on account of the charity. 8th February, 1889. SCHEME No. VIII. (Dissolved Municipal Corporation (a).) Scheme for the Administration of the Property of the Dissolved Corporation of the Mayor and Burgesses of the Borough of Bradninch, in the County of Devon. 1. From and after the date of this scheme, all the property men- Administrationed in the schedule hereto, and all other property of the above- tion of trust. mentioned dissolved corporation, or of any person as member or officer thereof, or of any Court or judge thereof whose jurisdiction is abolished (a) See the Municipal Corporations Act, 1883, ante. |