masak T m THE LIBRARY OF THE UNIVERSITY OF CALIFORNIA LOS ANGELES SCHOOL OF LAW GIFT OF U. C.L.U. V JORDAN & SONS, LIMITED, beg to intimate that all Books printed and published by them are intended to be sold at the Full Net Price, and that the Discount allowed to the Book- selling Trade does not permit of any deduction being made to the Public. IC\c CONCERNING SECON DARY ■AND PREPARATORY SCHOOLS PRINTED BY JORDAN & SONS, LIMITED, AT THEIR PRINTING WORKS, bishop's court, chancery lane, LONDON, W.C. T 1909 PREFACE 'T^HIS treatise is, in several respects, distinct in scope from • tlie existing legal works whicli bear on Education. It is not restricted to Public Education or to Endowed Schools, although a considerable portion of it necessarily deals with those subjects. While not including any of the legislation which is confined to elementary or technical education, it embodies the Common Law and Statutes which relate to Schools in general as well as the law relating to Secondary Schools in particular. Fuither, it discusses various branches of the law which, although not expressly relating to Schools, are, in practice, of frequent concern to them. It is hoped that the book will not only prove useful to the Legal Profession, but will also serve as a practical manual for Trustees, Governors, Schoolmasters, and Public Bodies. The proofs were submitted to Mk. J. F. R. Stainer, of Lincoln's Inn, to whom the Author is greatly indebted for many valuable suggestions and criticisms, of which he has made full use. A. 11. 11. MACLEAN. 1 New Cockt, Lincoln's Inn, March, 1909. 7483.^8 ADDENDA ET CORRIGENDA. 26. 4 liuesfrom bottom. After "Chaps. TV., V.," insert "X., XII." 35 Line 17 slioiikl read— " (a) To a Judge (see Chap. XV., Sec. 1 (c), (d), and (e)) by the following persons (see Sec. 43 of C. T. Act, 1853) :— " 40. 12 lines from bottom. Before "Continuance" insert "Act." 48. 4 lines from bottom. Remove "24, 25," to beginning of previous line. 94 End of second paragraph. For "empowered .... tuberculosis" substitute "required the Poor Law Medical Officers to report all cases of pulmonary tuberculosis to the Medical Officer of Health." 183. 9 lines from bottom. For "Metropolitan" substitute "Metropolis." 194. The Judgment in B. v. Commrs. of Income Tax has since been upheld in the Court of Appeal. 228. Lines. After "209 " insert " 210." 268. 3 lines from bottom. For " 267 " substitute " 266." 7 lines from bottom. After "82" add "(and .see p. 353)." 440 The Companies Acts are now consohdated by the Companies (ConsoUdation) Act, 1908 (8 Edw. VII. c. 69), which comes into operation on the 1st April, 1909, with the consequence that — Sec. 18 of Companies Act, 1862 (pp. xxxvi., 27, 65), becomes Sec. 16 of the Act of 1908; Sec. 21 of Companies Act, 1862, and Sch. II. (F) ^pp. xxxvi., 11, 27, 65, 66) become Sec. 19 and Third Sch., Form F, of the Act of 1908; Sec. 23 of Companies Act, 1867 (pp. xxxvi., 10 (2), 11, 27, 65), becomes Sec. 20 of the Act of 1908; Companies (Memorandum of Association) Act, 1890 (pp. xl., 11), becomes Sec. 9 of the Act of 1908. EXPLANATORY NOTES. 1. The following Text-books are referred to in the course of this book, sometimes in an abbrievated form or with the Author's name only : — Bacon's Abridgment. Beven on NegHgence. Blackstone's Commentaries. Boyle on Charities. Coke upon Littleton. Copinger on Copyright. Crmse's Digest. Dart on Vendors and Purchasers. Edmunds on Patents. Encyclopaedia of English Law. Encyclopaidia of Forms and Precedents. Fawcett on Landlord and Tenant. Gale on Easements. Goddard on Easements. Glen on PubUc Health. Grant on Corporations. Hanson on Death Duties. Levvin on Trusts. Philhinore on Ecclesiastical Law. Ryde on Rating. Seton on Decrees. Sholford on Mortmain. Tudor's Leading Cases. Tudor on Charitable Trusts. Viner's Abridgment. Woodfall on Landlord and Tenant. 2. Frequently, in citing the reported cases (j)jirticularly the older ones, in which the head notes are apt to l)e unreliable and the judgments long), a reference is given to the pages at which the appiopriate passage in the judgment occurs and not to the first page of the rejjort. viii EXPLANATORY NOTES. 3. The following abbreviations are used in certain places : — A. G. for Attorney- General. C. T. Acts for Charitable Trusts Acts. C. T. A. Act for Charitable Trusts Amendment Act. End. Sch. Acts for Endowed Schools Acts. Fr. Gr. Sch. for Free Grammar School. Gr. Sch. for Grammar School. O. in C. for Order in Council. E. S. C. for Kules of Supreme Court. S. L. R. Act for Statute Law Revision Act. Sch. for School. S. G. for Solicitor-General. U. D. C. for Urban District Council. 4. Throughout the book, where enactments are refeiTed to as conferring functions on the Charity Commissioners, which have, an consequence of subsequent legislation, devolved on the Board of Education, the words "Charity Commissioners" are followed by the words " Board of Education " in square brackets. TABLE OF CONTENTS. PREFACE ... ... ... ... ••• ^^ EXPLANATORY NOTES ... ... ... ••• vii-viii TABLE OF CONTENTS ... ... -.- ... ix-xviii TABLE OF CASES ... ... •-• xix-xxx STATUTES ... ... ... ••■ ••• xxxi-xli CHAPTER T. PAGE INTRODUCTORY ... ... ... ... 1-6 CHAPTER II. THE ESTABLISHING OF A SECONDARY SCHOOL. (1) Foundation and Endowment ... ... •-. 7-9 (2) Corporations : — (a) The various kinds of Corporations ... ... 10-11 (b) The creation of Corporations for Educational Purposes ... 12 (c) The membership of Corporations created for Charitable Purposes ... ... ... ••• 13 (d) Corporations not created for Charitable Purposes, as depositories of Charitable Trusts ... ... 13-14 (e) Advantages and Disadvantages of Incorporation ... 14 (f) The Dissolution of Corporations created for Educational Purposes ... ... ... •■• 14 (g) Visitors ... ... ... ... ... 15 (3) School Schemes : — (a) Provisions of Schemes ... ... ••. ir)-17 (b) .lurisdiction of the Crown, Parliament, and tlie Court, as to Schemes ... ... ... ••. 17-21 (c) .Jurisdiction of the Board of Education, iS:c., as to Schemes 22-23 (d) Effect of Regulations of Board of Education and Local Authorities on Schemes ... ... ... 23 (4) Patronage ... ... ... ... ... 24-25 (5) Schools in Competition ... ... ... ... 25 TABLE OF CONTENTS. CHAPTER III. STATUTORY ENACTMENTS AFFECTING SECONDARY SCHOOLS. PAGE (1) List of Enactments ... ... ... ... 26-27 (2) Grammar Schools Act, 1840 : — (a) Schools to which the Grammar Schools Act was appUcable 27 (b) Objects, and Summary of Provisions, of the Granmiar Schools Act ... ... ... ... 28 (c) Exemptions from the Grammar Schools Act ... 29 (3) Charitable Trusts Acts : — (a) Schools to which the Charitable Trusts Acts are applicable 29-30 (b) Objects, and Summary of Provisions, of the Charitable Trusts Acts ... ... ... ... 30-35 (c) Procedure as to Schemes under the Charitable Trusts Acts 35-37 (d) Exemptions from the Charitable Trusts Acts ... 37-38 (4) Endowed Schools Acts : — (a) Schools to which the Endowed Schools Acts are appUcable 38-39 (b) Objects, and Summary of Provisions, of the Endowed Schools Acts ... ... ... ... 40-41 (c) Provisions of Schemes under the Endowed Schools Acts . . . 42-43 (d) Points of Distinction between the Charitable Trusts Acts and the Endowed Schools 'Acts ... ... ... 43-47 (e) Procedure as to Schemes under the Endowed Schools Acts 47-49 (f) Exemptions from the Endowed Schools Acts ... 49-53 (g) Welsh Litermediate Education Act, 1889 ... ... 54-55 (5) Enactments affecting the Seven "Public" Schools: — (a) Public Schools Acts ... ... ... ... 55-59 (b) Miscellaneous Acts affecting the Seven "Public" Schools 60-61 CHAPTER IV. MORTMAIN AND CHARITABLE USES. (1) Introductory ... ... ... ... ... 62 (21 Mortmain ... ... ... ... ... 62-64 (3) Exemptions from the Law of Mortmain ... ... 64-69 (4) Assurances to Charitable Uses ... ... ... 69-74 (5) Exemptions from the Law as to Assurances to Charitable Uses 74-75 TABLE OF CONTENTS. xi CHAPTER Y. THE BOARD OF EDUCATION. (1) Functions (2) Histoiy of Grants, &c. (3) Regulations for Secondary Schools (4) Regulations incidentally affecting Secondary Schools: — (a) Regulations for Technical Schools, Schools of Art. &.c. ... (b) Regulations for the Training of Teachers for Secondary Schools... (c) Regulations for the Preliminary Education of Elementary School Teachers (;■)) Inspection 76 -79 79 -81 82- -86 86 86 86 87- -88 CHAPTER' \l. LOCAL AUTHORITIES IN THEIR RELATION TO SECONDARY SCHOOLS. (1) Introductory ... ... ... ... ... 89-90 (2) Powers of Local Authorities under the Public Health Acts and J3uilding Acts : — (a) Public Health Acts and Building Acts generally . . . 90-92 (b) Infectious Diseases ... ... ... ... 98-94 (3) Powers and Duties of Local Authorities under the Education Acts, 1902, 1903, and 1907 :— (a) Introductory ... ... ... ... 95 (b) General Powers of Councils ... ... ... 95-98 (c) Public Funds applicable by Councils ... ... 98-99 (d) Religion in Schools ... ... ... ... gg-ioo (e) Education Committees of Councils ... ... 100 (f) Accounts, (fee, of Councils ... ... ... loi (g) ]3orrowing by Councils ... ... ... 101 (h) Arrangements between Councils ... ... ... 101 (i) Provisional Orders, and Schemes of Board of Education ... 101-102 (j) Purchase, Appropriation, and Disposition of Land by Councils ... ... ... ... 102 mi (k) Miscellaneous ... ... ... ... ini Xll TABLE OF CONTENTS. Chapter VI. — continued. PAGE (4) Eepresentation of Local Authorities on Governing Bodies : — (a) Charitable Trusts Acts and Endowed Schools Acts ... 105 (b) Ediication Acts ... ... ... ... 105-106 (c) Board of Education Regulations for Secondary Schools ... 106-107 (5) Powers of Local Authorities under Acts other than PubUc Health, Building, and Education Acts ... ... 108 CHAPTER VII. VISITORS. (1) The Nature of Visitatorial Powers (2) Who may exercise Visitatorial Powers (3) The Jurisdiction of the Court over Visitors 109-111 111-113 113-114 CHAPTER VIII. TRUSTEES AND GOVERNORS. (1) Definitions ... (2) Constitution and Qualifications of Trustees and Governors (3) Appointment of Trustees (4) Appointment of Governors (5) Removal of Trustees (6) Removal of Governors ... (7) Powers and Duties of Trustees and Governors (8) Jurisdiction over Trustees and Governors, apart from their Appointment and Removal (9) The Official Trustee of Charity Lands (10) The Official Trustee of Charitable Funds (11) The Judicial Trustee ... (12) The Public Trustee 115-116 116-118 118-122 122 123-124 125 125-127 127-131 131-133 134-135 136 136 TABLE OF CONTENTS. xiu CHAPTER IX. THE ACQUISITION AND USER OF PREMISES FOR SCHOOL PURPOSES. PAGE (1) Introductory ... ... ... ••■ 137-138 (2) The Legal Capacity to Acquire and Hold Land for School Purposes ... ... ... ••• 138 (3) How far the cai-rying on of a School may be an Actionable Nuisance ... ... ... ••• 139-140 (4) Rights of Light and Air enjoyed over or with School Premises : — (a) Outline of the General Law of Rights of Light and Air ... ... ... ... 140-142 (b) Imphed Grant of Continuous and Apparent Easements 142-143 (c) Prescriptive Rights of Light and Air ... ... 143-146 (d) Extinction of Rights ... ... ... 146-147 (5; Incorporeal Rights, otlicr than of Light and Air, enjoyed over or with School Premises ... ... ... 147-148 (6) Restrictive Covenants affecting the carrying on of a School :— (a) Outline of the General Law of Restrictive Covenants ... 148-151 (b) The Terms of Particular Covenants considered ... 151-1.52 (7) Leasehold Tenure of School Premises ... ... 152-155 (8) Jurisdiction as to Acquisition and User of Premises, and as to Buildings and Equipment, exercised by various Authorities : — (a) The Court's jurisdiction over Endowed Schools ... 155-156 (b) The Board nf I'Lducation's jurisdiction over Endowed Schools ... ... ... ... 156-158 (c) The Board of I'ducution's jurisdiction over Grant-aided Schools ... ... ■■• ••• 158 (d) The Board of l'.iluratii)n's iinilding and Sanitary Regulations for JOndowed Scliools and Grant-aided Schools ... ... ... ... 158-160 (e) Local Authorities ... ... ... ... 160 (f) Visitors ... ... ... ... 160 (9) Acquisition of Premises by the Seven " Public " Schools ... 160 (10) Formalities in As.surance of i'roperly for School Purposes ... 160 xiv TABLE OF CONTENTS. CHAPTER X. THE MANAGEMENT AND DISPOSITION OF SCHOOL PROPEETY. PAGE (1) Introductory ... ••• ••• ••• 161 (2) Enrolment of Documents ... ... .•• 161 (3) The Land Registry ... ... ... ••• 161-162 (4) Accounts, Records, and Returns ... ... .•• 162-163 (5) Expenditure ... ... ••. ••• 164 (6) Payment into and out of Court ... ... ... 164 (7) Investment ... ... ••• ..• ••• 165-166 (8) Borrowing, on Mortgage and otherwise ... ... 166-168 (9) Building (and other) Works ... ... •-. 168-169 (10) Leasings ... ... ... ... ••• 169-171 (11) Sales ... ... ... ... ••• 171-176 (12) Exchanges ... ... ... •■• ••• 176-178 (13) Partitions ... ... ... ••. ••• 178-179 (14) Official Trustee of Charity Lands : and Official Trustees of Charitable Funds ... ... ... ... 179 (1.5) Water Supply ... ... ... ... 179-181 (16) Musical and Dramatic Performances : — (a) Copyright ... ... ... .•• 182 (b) Licensing by Local Authorities. &c. ... ... 182-183 (17) Miscellaneous Matters ... ... ... ... 183-184 CHAPTER XI. TAXATION AFFECTING SCHOOLS. (1) Legacy and Succession Duties ... ... ... 185-186 (2) Estate Duty ... ... ... ... 186 (3) Stamps ... ... ... ... ... 187 (4) Income Tax : — (a) Its Nature ... ... ... ... 187-188 (b) Allowances under Schedule A ... ... ... 189-190 (c) Allowances under Schedule C ... ... ... 191 (d) Allowances under Schedule D ... ... ... 191-193 (e) Meaning of " Charitable Purposes ■■ ... ... 193-194 TABLE OF CONTENTS. xv Chapter XI. — continued. PAGE (5) Duties on the Property of Corporate and Unincorporate Bodies 194 (6) Inhabited House Duty : — (a) Its Natui-e ... ... ... ... 195 (b) Exemption of " Charity Schools " ... ... 195-196 (c) Day Schools, Boarding Schools, and Masters' Houses ... 196-197 (d) Caretakers, &c. ... ... ... ... 197-199 (7) Rates ... ... ... ... ... 199-201 (8) Land Tax ... ... ... ... ... 201 (9) First Fruits and Tenths ... ... ... 202 (10) Male Servant Tax ... ... ... ... 202-204 (11) Armorial Bearings Tax ... ... ... ... 204 CHAPTER XII. SCHOOLMASTEES AND SCHOOL OFFICEES. (1) Training ... ... ... ... . 205-206 <2) Qualifications apart from Training ... ... ... 206-207 (3) By Whom, and How, Appointments arc Made ... ... 207-210 (4) Contract of Service, &c. ... ... ... 211-212 (5) Emoluments and Eesidence ... ... ... 212-214 (6) Tenure : — (a) Varieties of Tenure ... ... ... 215-216 (b) For What, and by Whom, Dismissal may be Effected, and to Whom Appeal may be Made ... ... 216-221 (c) Assignment of Eeasons for Dismissal ... ... 221 (d) Notice of Dismissal ... ... 222-223 (e) The allowing a Hearing before Dismissal ... ... 224 (fj Pensions ... ... ... 224-225 (g) .Ejectment of Dismissed Schoolmaster ... ... 225-226 (h) Remedies of Dismissed Schoolmaster ... ... 226-227 '7) Powers and Duties of Schoolmasters ... ... 227-228 (H) Competition of Schoolmaster with his former School ... 229-230 (9) Libel and Slander ... o.,a (10) Compensation for Personal Injury ... ... ... 230-232 (11) Miscellaneous mattei's ... ... ... 232-233 XVI TABLE OF CONTENTS. CHAPTER XIII. PUPILS. ; and Exhibitions een the Parent and (1) Conditions of Admission, &c. : — (a) Generally (b) Charging of Fees ; Scholarships (2) The Nature of the Contract betw School Authorities (3) Fees:— (a) By Whom Fees are Payable (b) When Fees are Due (4) The Care of Pupils : — (a) Protection of Pupils from Physical Injury ... (b) Infection and Quarantine (c) Sanitation and Structural Safety of Buildings (5) Discipline : — (a) Generally (b) Corporal Punishment (c) Custody and Detention (d) Expulsion (6) Curriculum, Time Tables, and Books (7) Examinations (8) Miscellaneous Matters ... the PABK 234-237 287-242 242-244 245-246 247-248 248-251 251-253 254 254 254-256 256 257 257-258 258-259 259-260 CHAPTER XIV. RELIGION IN SCHOOLS. (1) Introductory ... ... ... ... 261 (2) Religious Bodies and their Schools : — (a) Cathedral and Collegiate Church Schools, &c. ... 261-262 (b) Schools of Various ReUgious Bodies ... ... 262-264 (3) School Chapels ... ... ... ... 264 (4) Bishops ... ... ... ... ... 265-266 (5) Religious BeUefs of Trustees and Governors and those electing them ... ... ... ... ... 266-268 TABLE OF CONTENTS. xvu PAGE 268-269 Chapter XIV. — continued. (6) Religious Beliefs, Ordination, &c., of Schoolmasters (7) Religious Beliefs of Parents and Pupils ... ...269-270 (8) Religious Instruction and Worship in Schools ... ... 270-277 (9) Educational Endowments excepted by the Endowed Schools Acts fi'om provisions therein as to Religion ... 277-279 CHAPTER XV. LEGAL PROCEDURE. (1) Jurisdiction : — (a) Privy Council ... ... ■ ... ••• i^BO (b) The Com-t ... ... ... ... 280-281 (c) Judge at Chambers... ... ... ••• 281 (d) Lancaster Palatine Court ... ... ... 282 (e) County Courts ... ... ••• ••• 282 (f) Justices in Pcttj- Sessions ... ... ... 282 (2) Modes of Procedure : — (a) Actions ... ... ••■ ••• 283 (b) Summary Procedure (Romilly's Act, &c. I ... ... 283-285 (3) Funds in Court :— (a) Generally ... ... ••• ••• 285 (b) Trustee Act, 1893 ... ... ... ••• 286 (c) Lands Clauses Act, 1845 ... ... ...286-287 (4) Parties to, and Authorisation of, Proceedings : — (a) Attorney- General : — (i.) Generally ... ... ... ••. 288-290 (ii.) Provisions of Charitable Trusts Acts ... ... 290-291 (b) Charity Commissioners [and lioard of Education] ... 291-294 (c) Visitors ... ... ... ■•• 294 (d) Official Tnistce of Charity Lands and Official Trustees of Charitable Funds ... ... ... 295 (e) Trustees and Governors ... ... ... 295-296 (f) Various Parties ... ... ... ... 296 AI'PlvXDLX I Sec. 62 of the Charitable Trusts Act, 1853 297-302 h XVlll TABLE OF CONTENTS. APPENDIX II. STATUTES, OEDERS IN COUNCIL, AND BOARD OF EDUCATION REGULATIONS FOR SECONDARY SCHOOLS. Charitable Trusts Acts : — page Charitable Trusts Act, 1853 ... ... ...303-324 „ Amendment Act, 1855 ... ... 324-334 .„ Act, 1860 ... ... ... 334-340 „ 1862 ... ... ... 340-341 „ 1869 ... ... ... 341-344 „ 1887 ... ... ... 344-346 „ (Recovery) Act, 1891 ... ... 346-347 Endowed Schools Acts : — Endowed Schools Act, 1860 ... ... ... 348 „ 1868 ... ... ... 349 „ 1869 ... ... ... 350-366 „ 1873 ... ... ... 366-371 „ 1874 ... ... ... .371-372 (Vested Interests) Act Continuance Act, 1875 372-373 Welsh Intermediate Education Act, 1889 ... ...373-380 Endowed Schools (Masters) Act, 1908 ... ... 380-381 Board of Education Act and Orders in Council thereunder : — Board of Education Act, 1899 ... ... ...382-383 Order in Council of 7th August, 1900 (No. 599) ... 384 7th August, 1900 (No. 600) ... 384-387 24th July, 1901 ... ... 387-389 11th AiTgust, 1902 ... ... 389-391 Education Acts : — Education Act, 1902 ... ... ... ...392-400 (London) Act, 1903 ... ... ... 401-402 ., (Administrative Provisions) Act, 1907 ... 402-406 Board of Education Regulations for Secondary Schools ... 407-420 INDEX OF SUBJECTS 421-469 TABLE OF CASES. Figures in parentheses denote the number of times the case is referred to in the page. A. PAGE Ackroyd v. Smithies ... 248 Aldred's Case ,.. 147 Allen V. Taylor ... Alleyn's College, Uulwich, Re Andrews v. M'Guffog Ashton Charity, Re 142 43, 215 (2), 227 19, 164 171,172(2) Ashton V. Jones 73 A. G. r. Ashburnham I'. Atherstone School 290 1 66 V. Bedford Corporation V. Black V. Booth 1-. Boacherett i". Brandreth 110, 112 (2) 19, 20, 114, 128 208 (2), 215, 218 186 24, 130, 208 ... 281 V. Brentwood School, Master of (No. V. „ „ „ (No. i^. Bristol Corporation r. Brooke .. 1) 2) 24, 208 213 .. 213, 226, 227 169 V. Caius College I'. Calvert ... V. Carrington 13 237,271 207,217 L'. Christ Church, Deans anil Canons of 24, 213, 235, 237, 269, 271 f. ,, „ Dean and Chapter I-. Christ's Hospital ... V. Clapham V. Clarendon .. ... 109 V. Clifton . f. Cock of (2) 110, 112, 128, ... 124 ... 50, 53 .. 19 (2), 51, 130 ... 266 228, 235, 254, 257 266 (2), 268, 269 ... 263 1'. Cooper r. Coopers' Co. i;. Ciilhiin I'. Davey i\ Day ... ... ... 289 20,218 271 Ki!) 70 '•. I)f(|liiiiti School i\ Devon 19 (2), 20, 112, 114 (2), 130,257 235, 284 V. Di.xic i\ Dulwicli College c. Kast Ketford Grammar School lOii, 112, 217 21, 114, 129 227 V. E.xeter Corpoi-ation V. Exeter, Mayor of... 1 :!0 13 c. Fitzgerald ISo XX TABLE OF CASES. PAGE A. G. V. Garner ... ... ... ••• ■•• ■■■ • ^83 I'. Gaskell ... ... ■•■ ■•• •■• ••• ■ 1'^^ V. Gladstone ... ... •■• ••• •■ ••■ ^'^ V. Gloucester Corporation .. ... ••■ ■■■ ■• 236 V. Glyn ... ... ... ••• •■• ■•■ ••■ 18,73 V. Goldsmiths' Co. ... ... .■■ ••• ••■ •■■ 288 V. Haberdashers' Co. ... ••■ •■■ ■•• 271,289 V. Hall ... .. ... ••■ •■• ••• ■ 169 V. Hanwell Urban District Council ... ... ••• ■ 102 V. Hartley 207,208,217 V. Hickman ... ... . . • •■ • • • • ■ -"* 1). Highgate School ... ... •■• ••■ ••• 156,166 V. Hungerford ... ••■ ••• ••• ••• ■■■ •'■"^ V. Ladyman ... ... •■• •■• ■ •• •• 1" V. Lawes ... ... ... ••• ■■• ••• •■■ 263 r. Leigh ... ... ■•• ■•• ■•■ ■■• ■■■ ■^* V. Limerick, Bishop of ... • •• 269,-/1 t;. Lock Ill, 114 ^2), 128 V. Logan ... ... •■ ■•• ■•■ ■■• ■■ 283 V. Louth Free School ... ■■• ■ ■■ 7,18,208 r. Lubbock 112,114,129 V. Ludlow Corporation ... ... ■■• ••■ 13,235 V. Magdalen College 110 (2), 114 (2), 129, 208, 214. 218 V. Manchester Corporation ... .-■ ..• •■ ••■ I^IO t'. Mansfield 20,128,264,281 V. Marchant ... . ■ ■ ■•• ■■• ••■ ^^^ V. Mai-ket-Bcsworth School ... ... ••■ ■■• 20,269 V. Matliiesou .. ... ... ••• 300,301(3) i>. Middleton 19, 109 (2), 111 (3), 112 V. Moises . ... ... ■•• ■ •■ ■• ... 46, 53 V. Mosely ... ... ... ■• ■•• ■■• • ■• 1^0 V. Nash ... ... ... ■■ ■•■ ■ ^^^' u. National Hospital, &c. ... ... ... 162,167,170,173 I'. Newark, Mayor of ... ... • ■ ■ ■ 1 ' 1 V. Pearson ... ... ... • • • ■ • ■• 263, 266 V. Pilgrim ... . ... ... ... • • 169, 171 V. Pontypridd Urban District Council ... ... ■• 102 V. Price ... . ■■ • ■■■ •■• 112, 128 V. St. David's, Bishop of ... ... ... ■■■ ■ 166 V. St. John's Hospital, Bath . . ... ... ... ••. 266 V. St. Olave's Grammar School ... ... ... ■■• 18 V. Sherborne Grammar School 18, 19 (2), 20 (2), 110 (4), 129, 236, 257, 269, 271 (2) V. Shore ... ... ... ... ■ • 263 V. Skinners' Co. ... ... .■ ... ■•■ ■■■ 18,21 V. Smart ... ... ... ... ... ... •■■ 19 V. Smytliies ... ... ... ... ■.■ ••• HO' V. South Sea Co. ... ... ... ... ... •■■ 171 TABLE OF CASES. xxi PAGE A. G. V. Stamford (No. 1) ... ... ... ... 124,235,288,289 „ V. „ (No. 2) 235 „ V. Stewart ... ... ... ... ... ... 21, 288 „ V. Syderfen... ... ... ... ... ... ... 17 „ V.Talbot ... ... ... ... ... - 109,110,111,114 „ V. Teddington Urban District Council ... ... ... 102 ,, V. Tottenham ... ... ... ... ... ... 266 ,, r. AVarren ... ... ... ... ■■. ... ... 171 .. r. Whiteley ... ... ... .• 20, 257 „ r. Worcester, Bishop of ... ... 18,21,235,269,271,283.288 r. Wycliffe ... ... ... ... ... ... 208,268 „ u. York, Archbishop of ... ... ... 166,207,213,236 Austerberry r. Oldham Corporation... ... ... ... 150 (2) Aylet V. Dodd ... ... ... ... ... ... ... 18 B. Badische Auilin und Soda Fabrik v. Schott Segner & Co. ... ... 211 Baird's Trustees v. Lord Advocate ... ... ... ... ... 193 Baker v. Lee *... ... ... ... ... ... 266 (3) Bangor, Bishop of, i'. Parry ... ... ... ... ... 170 Barnard Castle Urban District Council v. Wilson ... ... 152, 180 Bamett, Re ... ... ... .. .. ... ... 263 Basingstoke Scliool, Re ... ... ... ... ... ... 255 Battersea i\ Commissionex's of Sewers ... ... ... ... 145 Bazeley i-. Forder ... ... ... ... ... ... 245 Beaufort v. Berty •■• •• ••• ••• ■■■ ■• -60 Beddington v. Attlee ... ... ... ... ... ... 143 Bedford Charity, i?e ... ... ... ... ... 129,215,217 Berkhampstead Free School, Ex parte 110 (2), 113 (2), 114 (2), 128, 169, 214 (2) Uerkhampstead School Case ... ... ... ... 19,236 IJiTkhaiusted Grammar School, i^e ... ... ... 36 (2), 41, 43, 45, 236 Betton's Charity, Re ... ... ... ... ... .. 76 Bewley v. Atkinson ... ... ... ... ... ... 145 Hignold V. Springfield ... ... ... ... ... ... 13 Bingley Free School ... ... ... .. ... ... 291 Blake I'. London, Mayor, Ac, of ... ... ... ... 189,190(2) Bliss V. Hall ... ... ... ... ... ... ... 140 Bolton School, JS7a! par(>rnt'u)n v. Kowe ... ... (;i. Truro Public Rooms Co. r. Armticld ... ... Hjv, Trustees of Psalms and Hymns r. Whitwoll .. . 191. 192 'I'liik V. Moxhay ... ... I !>( 1'nrner v. Spooner ... ... ... ... I47 XXX TABLE OF CASES. Y. Vaughan v. Parrer Vere, Be, Carter v. Brown . . . Vigers i'. Dean, &c., of St. Paul's PAGK 156 73 64 Yl. Waldo V. Caley Walker v. British Guarantee Association ,, V. Richardson Wall V. Taylor Waller r. Childs ... Ware v. Cumberledge Warwick Charities, Re Watson V. Vanderlash Wauton V. Coppard Weguellin v. Wayall Welfare r. London & Brighton Ry. Co. Wellbeloved v. Jones West V. Sluittleworth West Broniwich School Board v. West Bromwich, Overseers of Wheaton v. Maple Wheeldon v. Burrows Whistou t'. Rochester, Dean and Chapter of 110, White and Smith's Contract, Re Whitely v. Burns ... Whittle's Contract, Re ... ... 37(2), Wickenden v. Webster Wilkes,' Beloved, Charity, Re Wilkinson v. Malin Williams v. Eady ... ,, V. Spargo ,, V. Stoughton Willis V. Childe ... Wilson V. Hart Wilson's Will, Re ... Winterbottom v. Wright Withnell v. Gartham Woodall r. Clifton Wootten V. Rolfe ... Worthing Corporation i'. Heather ... Wrangham, Ex parte Wright V. Zetland Wyersdale School, Re 288 198 (2), 281, 263 113, 114 (2), 129,218, ... 149,151, 298, 299, 300 (2), 301, 127 130, 208, 248, 129, 215 (2) 216, 217, 149, 154 198 154, 109, 217, 221, 222, 226 130 260 73 182 263 (3) 289 230 151 199 251 288 (2) 2U0 145 142 224 154 203 302 152 221 217 249 154 244 226 154 301 250 208 (3) (2) 155 112 (2) 289 Yelland v. Vincent ,, V. Winter Yewens v. Noakes.. . . 204 203. 198 (2) STATUTES. Figures, in parentheses denote the number of times the Statute is referred to in the page. PAGr. lo35 25 Hen. nil. c. 10 (Statate of Uses) ... ... 69 1558 1 Eliz. c. 4 (Tenths and First Fruits) ... ... 202 1570 13 Eliz. c. 10 (Leases, &c.) ... ... ... 26,169 1572 MEliz. c. 11 ( „ ) ... ... 26,169,176 c. 14 ( „ ) ... ... ... 26,169 1576 ISEliz. c. 11 ( „ ) ... ... ... 26,169 1597 39Eliz. c. 5 ( „ ) ... .. ... 26,169 1601 43 Eliz. c. 4 (Charitable Uses) 26, 29, 31, 60, 69 (2), 193 1623 21Jac. I. c. 1 (Leases, &c.) ... ... ... 109 1662 14Car. II. c. 4 (Uniformity) ... ... ... 60,266 1676 29Car. II. c. 3 (Statute of Frauds) ... ... 246 1688 1 W. & M. c. 18 (Toleration) ... ... ... 263-278 Sess. 2, c. 2 (Bill of Eights) ... ... ... 63 1696 7 1- 8 Wm. III. c. 37 (Mortmain) ... _ ... .. 63 1736 9 Geo. II. c. 36 (Mortmain) ... 70 (2), 71, 72, 73, 74 1751 25 Geo. II. e. 36 (Disorderly Houses) .. ... 183 1775 15 Geo. III. c. 53 (Copyright, Universities, &c.) ... 60 1779 19 Geo III. c. 44 (Nonconformist Relief) ... ... 263 1797 38 Geo. III. c. 5 (Land Tax) ... ... ... 201 1799 39 Geo. III. c. 73 (Legacy Duty) ... ... ... 186 1802 42 Geo. III. c. 116 (Land Tax Redemption) ... ... 60,201 1803 43 Geo. III. c. 122 (Income Tax) ... ... ... 187 c. 161 (House Tax) ... ... ... 195 1808 48 Geo. III. c. 55 (House Tax) ... ... 195 (2), 196, 197 1812 52 Goo. III. c. 101 (Romilly's Act) 26, 119, 121, 16(i, 187, 213, 218, 226, 227, 283-285, 289 (2), 290, 292 c. 102 (Charitable Donations Registration) 3, 26, 60, 108 c. 155 (Places of Religious Worship) ... 263 1813 53 Geo. in. c. 160 (Unitarians) ... ... ... 263 1815 55 Geo. III. c. 184 (Stamp) ... .. ...185,186 \><\1 57 Geo. III. c. 100 (Land Tax Redemption) ... ... 60 c. xxix (Metropolitan Paving — "Michael Angelo Taylor's Act") ... ... 91 lMi'» lOfJoo. IV. c. 7 (Roman Catholic Relief) . 60.266 l^:'.2 2 .t 3 Win. IV. c. 57 (Charities Procedure) 26, 119, 2.S5, 289 c. 71 (Prescription) 141, 144-145 c. 115 (Roman Catholic Charities) ... 26, 263 ls:i3 :i»t 4 \Vm. IV. c. 15 (Dramatic Copyright) .. .. 182 1834 4 & 5 Wm. IV. c. 30 (Common Fields Exchange) ... . 26, 176 is:^-, 5 A- 6 Wm. IV. c. 76 (Municipal Corporations) 13,14,103 |s:?6 6 .V 7 Wm. IV '• 'M\ 'Parochial Assessments) . ... 199 xxxii STATUTES. PAGE 1838 1 & 2 Vict. c. 106 (Pluralities) ... ... ... 268 1839 2 & 3 Vict. c. 54 (Custody of Infants) ... ... 245 1840 3 & 4 Vict. c. 77 (Grammar Schools) 3, 21, 26, 27-29, 39, 50, 51. 61, 68, 234, 257, 272 Sec. 1 ... ... 28,114,226,294 „ 3 ... 28 „ 6 ... ... 24,28,207,208 „ 7 ... ... 28,208,228,265 „ 9 ... ...24,28,114,294,295 „ 10 ... ... ... 28 „ 11 ... ... ... 28 „ 12 ... ... ... 209 „ 13 ... ... 111,228,258 „ 14 ... ... .. Ill „ 15 ... ... 112,265 „ 16 ... ... ... 112, 114 „ 17 ... ... 28,111,218 „ 18 ... ... ... 224 „ 19 .. ... 225,226,284 „ 20 ... ... ... 218 „ 21 ... ... ... 284 „ 22 ... ... ... 24 „ 24 ... ... 29,209,261,265 „ 25 .. . ... 115 c. 113 (Ecclesiastical Commissioners) ... 60 1841 4 & 5 Vict. c. 38 (School Sites) ... . 26,66-68,75,172 Sec. 1 ... ... ... 88 „ 2 ... 67,88 „ 3 67 „ 5 67 „ 6 .. 67, 173 „ 7 67 „ 8 68 „ 9 67 „ 10 67 „ 11 .67 (2) „ 14 79, 172, 174, 178, 265 „ 17 219 „ 18 ... 226, 282 „ 20 67 1842 5 & 6 Vict. c. 35 (Income Tax) ... 188-194 c. 45 (Copyright) 182 1843 6 & 7 Vict. c. 68 (Theatres) ..'. 182-183 1844 7 & 8 Vict. c. 37 (School Sites) 26,66-67,75.88 7 & 8 Vict. c. 101 (Poor Law Aniendment) 74 1845 8 & 9 Vict. c. 18 (Lands Clauses Consolidation) 26, 65, 133, 157, 165, 173, 175-176, 232, 286-287 1846 9 & 10 Vict. c. 59 (Religious Disabilities) ... ... 263 c. 70 (Inclosure) 26,178,179 STATUTES. xxxni PAGE 1846 9 & 10 Vict. c. 93 (Lord Campbell's Act) "... ...231,232 1847 10 Sc 11 Vict. c. 17 (Waterworks Clauses) . 152,179-180,181 c. 34 (TowTi Improvement Clauses) 91. 92 (2). 183 c. 89 (Town Police Clauses) .. . 91,92 c. 96 (Trustee Relief) ... ... 34,126,286,291 1848 11 & 12 Vict. c. 99 (Inclosure) ... ... 26,177,179 1849 12 & 13 Vict. c. 49 (School Sites) ... ... 26,66-67,172 c. 74 (Trustee Relief) ... ... 34.126,286 1850 1 3 & 14 Vict. c. 28 (Trustee Appointment : " Peto's Act ") 26, 118. 119 c. 60 (Trustee) ... ... 120, 285 1851 14& 15 Vict. c. 24 (School Sites) ... 26,66-67 c. 36 (House Tax) ... .. . 195 c. 53 (Inclosure) . 26, 177, 179 c. 56 (Service of Notices) .. 27 1852 15 & 16 Vict. c. 49 (School Sites) 26, 66-68, 172 c. 79 (Inclosure) ... 26,178,179 c. 55 (Trustee) . ... 120 c. 84 (Metropolis Water). . ... 180 1853 16 & 17 Vict c. 34 (Income Tax) ... . 187, 188 c. 51 (Succession Duty) ... 185 (2), 186 (2) c. 137 (Charitable Trusts) 3, 27, 29 ; and see Index of Subjects, "Charitable Trusts Acts." St f > c 9 . 33,46 (3), 162 10 . 33,46,131,162 11 33, 46(3), 162 12 33, 46, 162 1 3 33, 46, 163 14 33,46,163 15 33,46,163 16 .. . 32. 112, 126. 292 17 33,122,124,213,225,227,238,291-293 18 .. ,. ... 289 19 .. ... .. 33,293 20 ... ... 33,291 (2), 293 21 ... 32 (3), 133, 157, 167, 168. 170 22 33 (2), ill. 219, 225 23 . 32 (2), 33, 126, 166, 175, 294 24 32 (3), 33, 133, 157, 165, 173, 176 25 .. 32(2), 33, 165 26 .. 32 (3), 170, 173, 176 27 ... 32,65,157 28 12(1, 123, 281 (2), 285, 29(). 293 (2), 295, 29() 29 120, 123. 282, 290, 293 (2). 295, 296 32 32. 120, J 23, 282. 290, 293 (2), 295. 296 34 282 35 282 3(i 1 2( >, 282 xxxiv STATUTES. 1853 16 & 17 Vict. c. 137 (Charitable Trusts) — continued. page Sec. 37 ... ... ... 282(2) „ 38 ... .. ... 282 „ 39 .. 187, 282, 290, 293 (2), 295, 296 „ 40 ... . .. 282 „ 41 ... ... ... 281,282 „ 42 .. ... ...281,282 „ 43 . 35, 284, 289, 290, 293, 295, 296 „ 44 ... ... ... 281 (2) „ 46 . 122,124,266,268,270,272 „ 47 131 „ 48 .. ... ... 131, 132 „ 49 .. .. .. 132 „ 50 ... ... 133 „ 51 .. .. 134 „ 52 . ... 33,134,135 „ 54 ... .. .37,45 „ 55 . 37,45 „ 56 37,45 „ 57 ... 37,45 „ 58 ... ... ... 37,45 „ 59 .. . 37,45 „ 60 . .. ... 37,45 „ 61 .. ... 33,163 „ 62 . 37-38,261,263,297-302 „ 65 ... ... 14 „ 66 ... ... 29,30,116,299 1854 17 & IS Vict. c. 97 (Inclosure) ... 26,178,179 1855 18 & 19 Vice. c. 86 (Liberty of Religions Worship) 263 c. 120 (Metropolis Management) ■ 90,91 c. 124 (Charitable Trusts Amendment) 3. 27, 29 See. 6 ... 33,46 (2), 162, 163 „ 7 ... 33, 46(2), 162 „ 8 ... . 33.46(2) „ 9 ... .. 33, 46 (2), 163 „ 12 ... ... 33, 134 (2) „ 15 ... ... ... 131 „ 16 32,127,133,155,170 „ 18 ... . . ... 134 „ 20 .. ... ... 135 '., 21 ... . 135 „ 22 ... ... .33, 134 „ 23 .. ... 33, 135 (2), 165 „ 24 .. ... ... 135 ,,25 ... ... 134,135(2) „ 27 .. ... 135 „ 28 . ... 135, 193 „ 29 32 (4), 166, 167, 170, 172, 173, 176, STATUTE^. XXXV 1855 18 & 19 Vict. c. 124 (Charitable Trusts AmPndment) — continued, page Sec. 30 ... 32,167 „ 31 32, 33, 126, 178, 294 „ 32 32 (3), 167, 175, 178 „ 34 32 (2), 175, 178 „ 35 32, 33, 65, 157, 165, 178 „ 36 33,165.178 ., 37 32,33,132,135 „ 38 ... 170,173,177,179 „ 39 ... 32, 170 „ 40 164 „ 41 32,65,157 „ 42 .33,161 ., 44 ... 33, 163 „ 45 ... 33,163 „ 48 29 ..49 38 c. 131 (School Grants) 27, 79, 168, 175, 178 1856 19 & 20 Vict. c. 112 (Metropolis Management Amendment) .. 91 1857 20 & 21 Vict. c. 31 (Inclosiire) .. 26,178,179 1858 21 & 22 Vict. c. 42 (Prescription) ... ... 141 c. 44 (Universities and College Estates) 60 o. 71 ( Hishojis' Trusts Substitution) 27, 60, 113, 121, 124, 265 1859 22 & 23 Vict. c. 43 (Inclosure) 26,178,179 c. 50 (Roman Catliolic Chai-ities) .. 263 1860 23 & 24 Vict. c. 11 (Endowed Schools) 27, 40, 50, 61, 270, 272 c. 59 (Universities and College Estates) 60(2) c. 124 (Ecclesiastical (.'oininissioners) ... 155 c. 134 (Homaii Catholic Charities) 27,263 c. 136 (Charitable Trusts) 3, 27, 29, 34, 294, 296 Sec. 2 22 (2), 31-32, 32, 35, 38, 47, 112, 121. 122, 124 (2), 131, 132, 134 (4), 135, 156, 158, 173,219 ,.3 . . 34, 36, 121 ,. 4 34, 35, 3H, 44. 121, 124, 131, 132, 134 (4), 135, 267 ,.5 .. .. 34 .. 6 .. 34, 36 (2), 121, 223, 224 ..7 . 34. 121 „ 8 ...30,111,219,290,294,295,296 „ 9 ... ... ... 290,294 „ 10 ... ... ... 30 „ II ... ... 120. 123, 282 !, 12 ... ... 135 .13 22<) 14 ... 111,219,223 .,15 . 32 (4), 156, 158, J 64, 167 XXXVl STATUTES. PACK I860 23 & 24 Vict. c. 145 (Lord Cran worth's Act) 119 1861 24 & 25 Vict. c. 96 ( Larceny) . . . 184 1862 25 & 26 Vict. c. 53 (Land Registry) ... 161 c. 68 (Fine Arts Copyright) ... 184 c. 89 (Companies) .. 10 (3) Sec. 18 . 27, 65 „ 21 (and Sch. II. (F.) ) U, 27, 65, 66 c. 102 (Metropolis Management Amenflnient) ... 91 c. 112 (Charitable Trusts) 3, 27, 29, 34, 121, 124 1863 26 & 27 Vict. c. 93 (Waterworks Clauses) ... ...152,180 1864 27 & 28 Vict. c. 92 (Public Schools) .. ... 55, 59 1865 28 & 29 Vict. c. 89 ((ireenwich Hospital) . ... 74 1866 29 & 30 Vict. c. Ill (Ecclesiastical Commissioners) 164, 214, 262 1867 30 & 31 Vict. c. 84 ( Vficciiiation) ... .. 253 c. 131 (Companies), Sec. 23 10 (2), 11, 27, 65-66 1868 31 & 32 Vict. c. 32 (Endowed Schools) 27, 40, 115, 209, 213, 220 c. 89 (Tnclosure) ... .. 26,178,179 • c. 118 (Public Schools) .. .. 3,27,55-59 Sec. 3 ... 56,223 „ 5 ... ... 56 (2), 66, 160 „ 6 ,. ... 57 „ 7 , ,57 „ 8 ... ... ... 57 „ 9 57 .. 1<» 57 .,11 ... ... .. 57 „ 12 57, 163, 228, 264, 273 „ 13 57, 209, 220, 223 „ 14 . ... 58 „ 15 ... 56,58 ..16 56,58(2) „ 17 .56,58 ..18 .. . 56, 58 (2), 163 .,19 . .. 56,58(2) ., 20 . . ... ... 58 „ 21 ... ... 58,160 „ 22 ... ... ... 58 „ 23 . . ... ... 59 „ 24 ... ... .. 59 „ 26 ... ... ... 59, 160 „ 27 ... ... ... 59 „ 28 ... ... ... 59 „ 29 ... ... 59 „ 31 ... ... ... 59,264 „ 32 .. ... 59,160 1869 32 & 33 Vict . c. 14 (Revenue) ... 198,202,203,204 c. 56 (Endowed Schools) 3, 27, 40 ; and see Index of Subjects, " Endowed Schools Acts."" 1H69 32 & :J3 Vict c. 5(j STATUTES. XXX\ 11 (Endowed Scliouls ) — continved. vkcv Sec 4 38 jy 5 39 n 6 . . 39. 223 T1 7 ... 115, 23S jj 8 50-51,262,264 Ji 22, 41, 45 (2), 157 V 10 1 1 . 12,14,42 (2),118, 122,125, 127 22, 43, 49 '• 13 24, 41,43 (2), 4S, 117, 125, 209, 213, 220, 225, 227 ,. !4 51-52, 53,238,262,267 15 43, 52, 262. 272 (2), 273, 277. 279 16 43, 52. 262, 272, 277 (2), 279 )1 17 43, 52, 262. 267 (2), 277, 279 ?' 18 43, 52, 262, 2(59, 277, 279 i' 19 43, 48, 52, 262, 267, 269 (2), 272, 273, 277 (2), 278 n 20 42, 52, ] 13, 262 ,. 21 42, 209. 265, 266 ,, 22 43, 220, 222 5) 23 42, 113, 264 J) 24 48,53 51 25 48, 53, 54 )> 26 48,53,54 V 27 262 ,, 28 22,41,45,47 »' 29 39 n 30 22 (2), 39, 43 ,, 32 48 , , 33 ... 48. 228 5) 34 48 ,, 35 48 ?■ 3() 48 (2) T 37 48 ,, 38 238 )? 39 ... 25, 48 (2), 49. 278 »1 40 48 H 42 18 11 43 4!t 1* 44 22, 41 M 15 II, 15, 19 M 16 22, 41, 15, 17 »» 19 16 n 52 17 ,^ 53 264 1* 54 127 " 55 11 1:1. 17 117, 125. 157, 168, 209, 213, 220, 238 * xxxviii STATUTES. F.1GE 1869 32 & 33 Viot. r. 58 (Pal)lic Schools) .. 27, 56 (2), 59, 66, 126, 160 c. 67 (Valu.ition— Metropolis) . 199 1870 1871 1872 1873 1874 1875 c. 110 (Charital)lp Trusts) Sec. 4 ., 10 36. .. 11 .. 12 127. 133 (2), 167, .. 13 „ 14 3, 27, 29 36 36 (2) 290. 294, 295, 296 36,290 170, 173, 177, 179 127, 295 37 33 S: 34 Vict . c. 34 (Cliaritable Fuuds Investment) 27, 69, 165 c. 75 (Elementary Education) 51, 102, 104 c. 84 (Public Schools) . 27, 57, 58 (2) c. 93 (Married Women's Property) 212 34 & 35 Vict. c. 48 (Promissory Oaths) . 263 (2) c. 60 { Public Schools) ,. 27, 56, 57, 58 (2) c. 98 (Vaccination) 253 c. 113 (Metropolis Water) 180 35 (t 36 Vict. c. 24 (Charitable Trustees Incorporation) 12, 14, 27, 30, 65, 74, 116, 117, 121, 122. 124. 125, 126, 187 c. 44 (Court of Chancery — Fuuds) 285 36 & 37 Vict. c. 41 (Public Schools — Shrewsbury aiK Schools Prope 1 Harrow >rty) . 27,56 c. 62 (Public Schools— Eton College Property) 27, 59 c. 66 (Judicature) 2,112 c. 87 ( Endowed Schools) Sec. 3 , , 5 ..6 7 51. 267. ,,8 .. 10 ..11 ,. 12 „ 13 .. 14 ,,15 ..16 3, 27, 40, 61 51 • 22, 43 267, 277. 279 269. 272, 277, 278 48, 53, 272 22, 41, 47 . . 273, 275 48 48 (2), 49. 108 48 49 (2) 77 c. 91 (Statute Law Hcvision) 263 37 & 38 Vict . c. 75 (Vacciiuttioii) 253 c. 78 (Vendor and Purchaser) 153 c. 87 (Endowed Schools) Sec. 1 „ 4 „ 5 3, 27. 40, 61 41 ■47 48 „ 6 .. . 22-23, 46, 119, 293 38 & 39 Vict. c. 29 (Endowed Schools — Vested Interests Act Continiiauci ... 40 STATUTES. XXXIX 1875 38 & 89 Vict., c. 55 c. 87 (Piil)lic HealMi) ( Laiul Transfer) 64, 74, 75, 1876 39 Vict. c. 16 39 & 40 Vict. c. 56 J 878 41 Vict. c. 15 41 A 42 Vict. c. 25 ■ c. 32 c. 79 1S80 43 Vict c. 14 43 & 44 Vict. c. 42 c. 46 INKI 14 Vict. c. 12 44 & 45 Vict. c. 41 1882 45 & 46 Vict. c. 38 c. 39 c. 50 c. 75 1883 Ui & 47 Vict. c. 18 c. 29 c. 36 39 1 S.S5 48 & 49 Vict. c. 51 1887 50 & 51 Vict. c. 49 1888 51 Vict. c. 8 51 & 52 Vict. c. 41 •. 42 P.A^GK 90-94, 101 61, 162, 167, 171, 174, 177, 179 203 '(2) 26, 178, 179 197-198 91 l{uildiiig' 91, 183 55 186 ) 231, 232 60 186 (2), 198 (Customs and liiliiiid Revenue) (Inclosure) (Customs and Inland Revenue) (Pul)lic Health) ... (Metropolis Management and Acts Amendment) (Statute Law Revision) (Customs and Inland Revenue) (Employers' Liability) (Universities and College Estates) (Customs and Inland Revenue) (Conveyancing and Law of Property) 1 19,141,143, 153 (Settled Land) .. ... ... 177 (Conveyancing) ... 149(2) (Municipal Corporations) 14, 27, 89, 100, 103 (2), 232 (Married Women's Property) ... 212, 246 (Municipal Corporations) 14, 27, 103 (Supreme Court of Judicature- -Funds, &c.) 285 (City of London Parocliial Charities) ... 26 (Statute Law Revision) 56 (3), 57 (2), 58 (2), 59 (Customs and Iidand Revenue) (Ciiaritabie Trusts) Sec. 4 „ 5 (Customs and Inland Revenue) ( Local Govei'nment) Sec. 1 3 .. 28 .. 54 .. 64 ., 65 „ (i9 ,. 72 ,. 75 „ 79 (Mortmain and Charitable Uses) Sec. 1 „ 3 194 ... 3, 27, 29 33, 134 131 185 27,92 88 .. 4, 108 183 183 89 l()3 |03 lOl 103 ... J 00, 233 1 03 63, 70, 72, 73 ... 63 (2) (i3 (2) (J3 4 5 6 7 6(>, 70-71, 74, 75(3) 60, 70, 71, 74, 75 (2) 63, 64, 74 74, 75 (2) xl STATUTES. PAGE 1888 51 & 52 Vict. c. 42 (Mortmain and Charitable Uses) — continued. Sec. 8 . . 63, 64, 74 „ 9 .. ., 75(2) ., 10 .. . 64,71,73 „ 12 63,64,74 „ 13 63 c. 52 (Public Health) ... ... 92 c. 59 (Trustee) ... 135 1889 52 Vict. c. 7 (Customs and Inland Revenue) .. 185,186 52 & 53 Vict. c. 30 (Board of Agriculture) 27, 177 c. 40 (Welsh Intermediate Education) 3, 4 (2), 27, 40, 54-55, 78, 80, 82, 99, 100 Sec. 1 ... . .. 54 „ 3 54 „ 4 54,105,262,273 „ 5 54,108 „ 7 .. -.. 54 .,8 .. 54 .,9 54, 55 (2) 1890 1891 ., 10 168 „ 11 54 ., 13 24, , 51, 54, 209 „ 14 . • 54 c. 44 (Prevention of Cruelty to Children) 255 c. 47 (Palatine Court of Durham) 282 c. 72 (Infectious Disease — Notification) 92, 94 c. 76 (Technical Insti'uction) 4, 96 53 i^' 54 Vict. c. 1!» (Trustees Appointment) 26, lis, 119 c. 34 (Infectious Disease — Prevention) ... 92,93 c. 54 (Metrojiolis Management Act, 1862, Amendment) 91 c. 59 (Public Health Acts Amendment) 92 (2), 183 l". 60 (Local Taxation — Customs and Excise) 98 c. 62 (Companies — Memorandum of Association) 11 c. ccxliii (London Council General Powers) 91 54 Vict. c. 4 (Technical Instruction) 4,96 c. 17 (Charitable Trusts— Recover}') 3, 27, 33, 291 (2), 295 (2) 54 & 55 Vict. c. 39 (Stamp) 187 c. 73 (Mortmain and Charitable Uses) Sec. 3 27, 72-73 64, 72, 73 • „ 5 72 „ 6 ... 72, 132 7 73 „ 8 ... 72,73,285,293,294,295 9 .. 72,73 ., 10 74 c. 76 (Public Health^ — London) 91, 92, 94 STATUTES. xli 1892 55 & 56 Vict. c. 15 c. 57 1893 56 & 57 Vict. c. 14 c. 53 c. 63 c. ccx.xi 1S94 56 ^- 57 Vict. c. 73 PAGK (Charity Inquiries Expenses) 27, 33, 108 ( Private Street Works) ... ... 92 (Statute Law Revision) .. 58 (3), 59 (4) (Trustee) 26, 34, 119 (2), 120, 123 (2), 120, 1(55, 285 (2), 286, 289,291,292 (Married Women's Property) ... 246 (London County Council General Powers) 91 (Local Government) ... 26,90,92 Sec. 14 (5) .. 2,26,27,36,108 „ 21 ... ... ... 90 „ 25 ... ... 90 „ 75 ... ... ... l(» (Music and I )ancinof Licences — Middlesex) \yA (Supreme Court of Judicature — Procedure) 285 (Finance) ... ... ... 186 (2) (Charitable Trusts — Places of Religious Worship) 27, 29 (Prevention of Cruelty to Children) ... 255 (London County Council General Powers) 91 (London Building) ... 91,92,183 (Pul)Hc Healtli) . . ... ... 92, 93 (Judicial Trustee) ... 136 (Workmen's Compensation) ... ... 232 (Land Transfer) 64, 74, 75, 161, 162, 167, 174, 177, ,179 c. cxxxiii. (City of London Sewers) ... ... 90 1898 6J ct 62 Vict. c. 49 (Vaccination) ... ... ... 253 c. 55 (Universities and College Estates) ... 90 c. cxxxvii. (London Building) .. ... 91 1899 62 Ji- ty.i Vict. c. 8 (Infectiou.s Disease -Notiticatioii) ... 92, 94 c. 14 (London Government) . ... 26 c. 33 (Hoard of Education) ... 3,27,41,48,76 Sec. 2 ... ... 76 (2), 77, 78 3 ... ... 78 (2), 87, 108 „ 4 ... ... ... 78,205 I9(»2 2 Kdw. VII. (!. 41 (Metropolis Water) ISO 42 (Kducation) l-, 5, 6, 27, 76, 79, 90, 95 (2), 105 (2) Sec. 1 ... ... ... 95 57 iV 58 Vict. c. 15 c. 16 c. 30 c. 35 c. 41 c. ccxii. c. ccxiii 1896 59 & 60 Vict. c. 19 c. 35 1897 60& 61 Vict. c. 37 c. 65 c. 25, 95 (3), 96, 98 „ 3 95, 9(), 99 „ 4 95, 99, 270, 273 Sees. 5 (ri Id ,, <);-) Sec. 17 5.-,. 95, |()(» (3), 102, 103, IO(i, 232 „ 1« 95, 9.S, 99, 101 (2) „ 19 95, 101 „ 20 95, 99, 101 ,.21 . <)5, 101 95 (2), 97, 206 '>'> xlii STATUTES. 190L' 2 Edw. VII. c. 42 1903 3 Edw. VII. c. 24 c. 31 c. 36 1904 4 Edw. VII. c. 15 1905 5 Edw. VII. c. ocix 1906 6 Edw. VII. c. 55 c. 58 1907 7 Edw VII c. 9 c. 31 c. 43 c. 53 c. clxxi 1 90S 8 Edw. VII. c. 28 o. 39 ( Education) — continued. Sec. 23 95, 90, 97 (2 Sees. 24- to 21 ... Isfc Sch. (Education — London) 1 1st Sch. (Board of Afi;ricnltiire) (Motor Car) (Prevention of Cruelty to Children) (London Building) (Public Trustee) ... . 133,135, (Workmen's Compensation) .. ... 230-232 (Territorial and Reserve Forces) . . 260 (Vaccination) .. ... 253 (Education — Administrative Provisions) 4, 5, 27, 76, 79, 90, 95 101,102-104 79 (2), 168, 174, 175, 178 (2) 101 PAGE , 100 (2), 104, 232, 233 95 100 5, 27, 76, 79, 90, 95 (2) 99, 100, 101 (2), 105 .27,177 202 255 91 136 Sec. 1 2 3 4 5 6 7 8 10 12 15 16 (Public Health Acts Amendment) 92, 93 (Metropolitan Water Board — Charges) (Agricultural Holdings) (Endowed Schools— Masters) 27, 38, 39, 61, 98, 210, 220, 222-223, 224, 227 (2), 251 99, 101 101 100 100 101 95 96, 104 104 78, 205 102, 103 181 27. 171 CHAPTER I. INTRODUCTORY. A Secondary School has been defined as cue which oiieis to «ach of its scholars a general education of a wider scope and higher grade than that of an Elementary School, given through a complete progressive course of instruction continuing up to and beyond the age of six teen. ^ The various means by which the cost of education is provided may be divided into the three categories of Commercial Enterprise, Endowment, and Taxation of the community. The providing of secondary education in Schools in England on a purely commercial basis cannot, generally speaking, be con.sidered to have been successful from the financial point of view, inasmuch as tuition fees unsupplemented by endowment, grants, boarding fees, or the gratuitous services of governing bodies, have not sufficed to meet the cost of such education and at the same time to ensure a I'easonable profit, especially if the ■education be designed to lead directly up to the Universities oi- higher professions. Nearly all Secondary Day Schools are, in consequence, either Endowed or State-aided or bofli. wliilc the ^number actually provided l»y the State, in the shape of County and Municipal Secondary Schools, is i-apidly increasing. The existing relations of tlie State to Education, so far as Secondary Schools are concerned,- may be described, in the chronological order of their devolopmout , undei- the following lieads : — H) Removal of restrictions against tlie hohling of jnnixM'ty in pfi'pf'tuity ; (2) Protection find regulation of endowments; ' See I'JOO i.s9ue of the Board of Education Re^^ulations for Secondary ScIkioIh. * Apart from the training of teachcre, as to which sec Chaj). XII. I INTRODUCTORY. (3) Financial aid to Schools (endowed or otlierwise) which conform to certain requirements ; (4) Participation in the administration of endowed and financiallj aided Schools ; and (5) Proprietorship. The First of the above stages is represented by legislation enabling the holding of (a) land for charitable purposes by Corpora- tions, notwithstanding the Mortmain Laws ^ ; and (b) all kinds of property by individual Trustees of Charities, notwithstanding the Rule against Perpetuities and other restrictions." Endowments of Schools or for education are gifts for " charitable " purposes in the legal sense,'^ and the property of public Secondary Schools is vested either in Corporations, including incorporated Trustees, or in individuals who are unincorporated Trustees.^ As regards the protection and regulation of endowments which mark the Second stage, the King, as parens patriae, is the protector of all Charities, and it is the duty of his officer, the Attorney Greneral,'' to take or attend proceedings on behalf of Charities. The Court of Chancery had jurisdiction in respect of Charitable Trusts since at least as far back as the reign of Elizabeth.*' That jui'isdiction probal^ly originated in a supposed delegation to the Chancellor of an authority derived from the King, again as parens patriae, to define and prescribe the objects of the trust," and has devolved on the Chancery Division of the High Court ^ and, to a certain extent, the County Courts ^ ; but, owing to the powers which are conferred on the Charity Commissioners and the Board of 1 See Chap. IV. - See Chap. IV. 3 See Chap. IV., Sec. (4). •* See Chap. II., p. 8. •^ See Chap. XV. " Tudor, 4th ed., p. 4 ; Seton, Gth ed., p. 1290 ; Incorporated Society v. Richards, 1841, 1 Dr. & W. 258, 308. ■'■ Tndor, 4th ed., p. 181. ^ See Sees. 16 and 34 of the Judicature Act, 1873 (30 & 37 Vict. c. 66). 8 See Clmp. XV. INTRODUCTORY. 3 Education by modern legislation.^ which in certain cases are more extensive than, or even expressly substituted for, those of the Courts, the jurisdiction of the latter is now seldom invoked, and is mainly confined to matters arising incidentally in administration pi-oceedings." The protection and regulation of endowed Secondary Schools have been carried out in recent years under a series of Statutes, of Avhich the following are the principal : — Grammar Schools Act, 1840; Charitable Trusts Acts, 1853 to 1891 ; Public Schools Act, 1868 ; and Endoived Schools Acts, 1869 to 1889 (including Welsh Intermediate Ediccation Act, 1889). These Acts will be discussed in turn hereafter.^^ It will be sufficient here shortly to state that the Grammar Schools Act has been, in effect, superseded by the Endoived Schools Acts; that the Endowed Schools Acts extend to most of the ancient Grammar uud Public Schools ; that the Public Schools Act affects what are here- after referred to as the seven " Pul)lic " Schools ; and that the Charitable Trusts Acts concern all Charities and, therefore, all ICndowed Schools not expressly exempted from those Acts. The Board of Education have now succeeded to most of the functions conferred on the Charity Commissioners by the ChaHtable Trusts Acts in respect of Educational Endowments, and to all the functions conferred on the same body by the Endowed Schools Acts, this transfer of functions being effected by the Board of Education Act, 1S99, and certain Orders in Council thereundei-.^ Under the Charitable Donations Registration Act, 1812,-' the registration of Charities in each county was provided for,*' and hv ' Viz., the Charitable Trusts Acts mid KiuJ(jvvud Schools Acts. ''See as to snch proceedings Chap. XV'. •''Chap. HI. * See Chap. V. "52 Geo. 111., c. 102. * Bat by Sec. 11, Royal Foundations, and Westminster, Eton, and Winchester were, amongst other institutions, exempted from the operation of the Act. INTRODUCTORY. Sec. 3 (xv.), of the Local Government Act, 1888,^ this registration became one of the duties of County Councils ; but the legislation in question does not appear to have been effective. The Charity Commissioners keep a Register of all Charities which ai'e subject to the Charitable Trusts Acts, and this Register is being gradually completed. ^ Further, an Index to all the Endowed School Schemes framed under the Charitable Trusts Acts, Endoived Schools Acts, and certain other Acts, has been compiled by the Board of Education. The Financial Aid described above as representing the Third stage originally consisted of Government Grants, made under the authority of Parliament, in respect of Science and Art Classes only, and distributed by the Science and Art Department and their successors, the Board of Education.^ These Grants were, in IGOi, extended by the Board to Secondary Schools in respect of their whole curriculum. •' The power of Local Authorities to aid Secondary Schools was first conferred by the Welsh Intermediate Education Act, 1889,^ which affects only Welsh Schools, and the Technical Instruction Acts, 1889 and 1891, which affected a certain portion of the curriculum in Secondary Schools generally, but were repealed by the Education Act, 1902. The Education Acts, 1902, 1903 (Londo7i), and 1907 enable Local Authorities to draw on certain public monies and to levy certain rates for the purposes, inter alia, of aiding secondary education within their areas. ^ The participation of the State in the administration of Secondary Schools, which marks the Fourth stage, took shape originally in the representation of Local Authorities on Governing Bodies of Endowed Schools, as part of the Schemes which were framed or re-modelled in connection with such Schools under tlie Charitable Trusts Acts and Endowed Schools Acts.'^ The Welsh Intermediate Education Act, 1889, expressly provides for such representation in the case of aided 1 51 & 52 Vict. c. 41. " See 48th Report of Charity Commissioners, 1906. ^ See Chap. V., Sec. (2). •* See Chap. III. ■'' See Chap. VI. " See Chap. VI. INTRODUCTORY. Welsh Schools, and Schemes under the Act have ensured effective control by Local Authorities of Welsh Schools generally. ^ The Parliamentary Grants referred to in the preceding paragraph have been conditional on the attainment of a standard of efficiency fixed by the Science and Art Department and their successors, the Board of Education, and tested by Inspection. The Board's Regulations now provide for an increase of Grant to those Schools the majority of whose Governing Bodies ai'e appointed by Local Authorities and popular constituencies.- Local Authorities demand Inspection by, and representation of, themselves on Governing Bodies of Schools aided by them,-^ and the London County Council have, by virtue of poweis conferred on them by the Education (London) Act, 1903, always been able to secure a majority representative of themselves on a Governing Body^; while, generally, the Education Acts, 1902, 1903, and 1907 empower Local Education Authorities to " promote the co-ordination of all forms of education."^ The Fifth stage, viz. the actual proprietorship of Secondary Schools by the State, is the outcome of the Education Act, 1902, which enables Local Authorities to provide secondary education in their respective areas. ^ It will be seen from the foregoing summary that, until a comparatively recent date, it was solely the possession of an endoicment by a Secondary School Avhich brought it in any way under State control. Private and Proj)rietary Schools have come into touch with the State only in so far that — (1; If they are Secondary Schools, they may be inspected by, and obtain certificates of efficiency from, the Board of Education, though they are not eligible foi- Parliamentary Grants " ; ' See Chap. III. ''See Chap. V. »See Chap. VI. 'See Chap. VI. ' See Chap. VI. " See Chap. VI. ' See Chap. V. 6 INTRODUCTORY. (2) The co-ordination of all forms of education which Local Education Authorities are empowered by the Act of 1902 to promote ^ extends impliedly to Private and Proprietary Schools ; and (3) The supplying or aiding the supply of education other than elementary, which is similarly within the powers of Local Authorities,^ extends to the same Schools. There is no legal obligation on a parent to educate his child apart from the Elementary Education Acts. 1 Chap. VI. 2 Chap. VI. THE ESTABLISHING OF A SECONDARY SCHOOL. CHAPTER II. THE ESTABLISHING OF A SECONDARY SCHOOL. (1) FOUNDATION AND ENDOWMENT. It is obviously to the advantage of the neighbourhood or class for whose use a particular School is provided that it should be established on as enduring a basis as possible. In the case of Private and Proprietary Schools, their establish- ment is a matter of commercial enterprise requiring no special formalities, and their continuance is, natui-ally, not more assured than in the case of any other business undertaking. County and Municipal Schools are on a firmer footing, inasmuch as they are a State creation drawing on the rates and other public monies, and will presumably continue so long as the local need for them exists. Their establishment is effected by the process of voting and applying the necessary funds, and of framing regulations. The majority of Secondary Schools still consist, however, of Endowed Schools. The possession of an endowment by a School is, in a measure, a pledge of its stability, inasmuch as the holding of an educational endowment impresses it with a charitable trust,i and charitable trusts enjoy special favours. Thus, they are permitted Vjy the law to be, and they in fact usually are, created in perpetuity ; they are entitled to all accretions of income {Thetford School Cane, 1610, 8 Co. Rep. 130 b. ; and see lie Kinysbridye School, 1819, 4 Madd. 479; and A. ]i. 20, 21, as to application to Parliament for altering Schemes. ^ See as to Visitors Chap. VII. 'See as to Governors and Trnstecs Chap. VMII. 20 THE ESTABLISHING OF A SECONDARY SCHOOL. the founder. In the following decisions illustrating this principle the matters to Avhich the Court objected are appended in each case : — A. G. V. Whiteley, 1805, 11 Ves. 241 (Leeds Gr. Sch., change of curriculum) ^ ; A. G. V. Coopers Co., 1812, 19 Yes. 186 (alteration in arrangements as to buildings ; Head Master taking private pupils) ; A. G. V. Mansfield, 1826, 2 Russ. 501 (Highgate Sch., chanare of curriculum ^ and of functions of Head Master ; enlarging chapel for use of inhabitants) ; the ground for the Court's disapproval being that such ' deviations amount to breaches of trust : — A. G. V. Bedford Corporation, 1754, 2 Yes. S. 505 (Bedford Gr. Sch., misappropriation of revenue) ; A. G. V. Sherhorne Gr. Sch., 1854, 18 B. 280; A. G. V. Dedham Sch., 1857, 23 B. 350 (rules made inconsistently with Charter). On the other hand, the Court will direct the fuller attainment of objects intended by the founder: — A. G. V. Sherhorne Gr. Sch., sup., 281. (4) When a Scheme is lacking in any of the essentials mentioned on p. 17, Parliament alone can interfere as to such essentials if it has established the Scheme, but the Court may decide, in such a case, whethei' or not Parliament should be applied to (Be Shreivsbury Gr. Sch., 1849, 1 Mac. & G. 324, 332, where no specific directions existed as to certain funds, and they could not advantageously be applied in execution of existing trusts; and see Exp. Bolton School, 1789, 2 Bro. C.C. 662) ; (5) It may also be necessary to apply to Parliament in specially difficult cases, e.g. if fundamental alterations are necessary (A. G. V. Market- Bosworth Sch., 1865, 35 B. 305, where it 1 See, however, as to change of curriculum Chap. XIII., Sec. (6). SCHOOL SCHEMES. 21 was impossible to continue a Church of England School as such ; and see A. G. v.' Skinners'' Co., 1821, 5 Madd. 173 ; affirmed on appeal, Jac. 629) i ; (6) When there is a mere gift, with undefined or ill-defined purposes, then, if no trust was intended, it is for the King only, as parens patrise, but if a trust was intended it is for the Court, to determine the Scheme for administering it (Moggrklge v. Thackwell, 1802, 7 Ves. 36, S6 ; Pake v. ArcJi- hishop of Canterhtirij, 1807, 1-1 Ves. 364 ; Re Pyne, Lilley V. A. G., 1903, 1 Ch. 83) ; (7) The Crown cannot interfere after it has once granted a Charter (see Tudor, 2nd ed., p. 67) ; (8) When a founder has made a Scheme, he cannot add to it (^4. G. V. Bulioich Coll., 1841, 4 B. 255) ; and, even though the additions are mere giving of directions which are not inconsistent with or fill up gaps in the Scheme, it would seem that they ai-e not permissible if the Scheme has not made it clear that there was something to be added to it (c/. Re Hartshill Endoivment, 1861, 30 B. 130) ; (9) Even if there is an express power to alter a Scheme, there must still be no departure from the general constitution of the foundation (Exp. Bolton School, 1789, 2 Bro. C. C. 662) ; (lOj When a Scheme has been altered, it can be again altered for the same reasons and by the same authority as the original Scheme (-1. G. v. Bishop of Worcester, 1851, 9 Ha. 359-; Manchester School Case, 1867, 2 Ch. 107, where paying scholars were introduced because the revenues were insufficient) ; (Uj When an original Scheme has been altered owing to the impossibility of canying it out, but subsequently becomes possible, it will not be restored if the amended Scheme is the more beneficial (A. G. v. Stewart, 1872, 14 Eq. 17). As to Schemes under the Grammar Schools Act, 1840, see Chap. III. Cf. infra, pp. 36, 37. " See as to the Uicxn in this case ]>. IR. 22 THE ESTABLISHING OF A SECONDARY SCHOOL. (c) Jurisdiction of the Board of Education, &c., as to Schemes. Jurisdiction co-extensive with that of the Court, and therefore regulated by the same principles as those above enumerated, in respect of Schemes, is conferred on the Charity Commissioners [and Board of Education] by Sec. 2 of the Gharitahle Trusts Act, 1860} and, being more cheaplj' and expeditiously invoked, has to a great extent ousted the Court from its jurisdiction. The powers derived from the Endoived Schools Acts ~ by the Board of Education ^ of making Schemes are actually wider than those of the Court, inasmuch as Schemes under the Endowed Schools Acts can, by virtue of Sec. 46 of End. Sch. Act, 1869, abrogate all instruments of foundation, including Acts of Parliament, and can, under Sec. 9, be altered in any such manner as shall render an educational endowment most conducive to the advancement of the education of boys or girls. Moreover, endowments which are entirely or partly for non-educational purposes can, under certain conditions, by virtue of Sec. 30, be applied entirely for educational purposes. Alterations cannot, however, be made under the End. Sch. Acts without "due regard" to existing educational interests (see Sees. 11 and 30 of End. Sch. Act, 1869, and Sec. 5 of End. Sch. Act, 1873). Sec. 2 (sup.) of the C. T. Act, 1860, further enables the Charity Commissioners [and Board of Education], under the co- extensive jurisdiction above mentioned, to alter both their own Schemes made under the C. T. Acts and Schemes made by the Court. Under Sec. 44 of End. Sch. Act, 1869, the Board of Education may alter their own Schemes made under the End. Sch. Acts. Under Sec. 28 of End. Sch. Act, 1869, and Sec. 10 of End. Sch. Act, 1873, a Scheme under the End. Sch. Acts may contain provisions for the alteration of any portion of such Scheme by the Charit}- Commissioners [or Board of Education] under the C. T. Acts. Finally, as long as the Endowed Schools Acts continue in force,^ the powers of the Court to make Schemes for educational endowments which can be dealt with by those Acts are restricted {Sec. 6 of 1 See Chap. III. ^ gee as to these Acts Chap. III. 3 See Chap. V. SCHOOL SCHEMES. 23 End. 8ch. Act, 1874 ; see pp. 45, 46). As to tbe procedure and formalities in connection with the making and altering of Schemes under the C. T. Acts and End. Sch. Acts see Chap. III. As to the jurisdiction in relation to Schemes for the seven '■ Public "' Schools under the Public Schools Acts see Chap. III. (d) Effect of Regulations of Board of Education i and Local Authorities ~ on Schemes. The Regulations made by the Board of Education and by Local Authorities for the purposes of Grants or other aid to Schools can, in certain cases, only be complied with by an alteration of the School Scheme, more particularly in respect of the constitution and qualifications of Governing Bodies, admission of pupils, and religious requirements and restrictions; see Chaps. VI., Sec. (4), XIII., and XIV. respectively. The Board of Education Begulations for Secondary Schools contain the following provision as to Schemes in general : — Art. 22. The School must be conducted by a Governing Body acting under and in accordance with a Scheme or minute or body of written regulations which states its constitution and defines its functions both as regards responsibility for general control and as regards immediate rcsponsibilitj^ (including that of the Head Master or Head Mistress) for the conduct of the School, and which is approved by the Board. A copy of the Scheme or minute or body of regulations as approved must be deposited with the Board, and its provisions must not be varied or departed from without tiie approval of the Board. The Board, in tlieir Circular 568 (1007), made the following statement with reference to Art. 22 : — Where the School is governed by a Scheme or Schemes made under the Charitable Trusts Acts or Endowed Schools Acts, the Governors need not send a copy of such Schemes to the Board, and. if the Sciiool complies with the regulations in other respects, a Scheme made under either of those groups of Acts may for the present he regarded as "approved" by tiie JJoard for tlie purposes of this Article. ' See as to the Board of Education Regulations ('ha|). V. - See as to Local Authorities Chaj>. VI. 24 THE ESTABLISHING OF A SECONDARY SCHOOL. (4) PATRONAGE. Pati'onage is the right of nominating the persons who are to be objects of a Charity. ^ It includes, therefore, sucli matters as the appointment of Masters and other Officers (see Chap. XII.), and the selection of Free Scholars and Exhibitioners (see Chap. XIII.), of Endowed Schools ; with the conseqiience that much of the patronage connected with Schools is vested in the Trustees or Governors.- In the absence of provision to the contrai'y, the right of patronage is in the founder of the Charity and his heirs (.4. G. v. Leiyli, 1721, 3 P. Wms. 146 n.). The founder may confer the right on others {A. G. v. Deem and Canons of Christchurch, 1822, Jac. 474) ; and the right may be alienated (A. G. V. Master of Brentwood Sch., 1832, 3 B. & Ad. 59 ; A. G. V. Boucherett, 1858, 25 B. 116). Grammar Schools Act, 1840. ^ — Sec. 6 enacted that certain rights of patronage should be preserved as far as possible. By Sec. 22 it was provided that if the Crown was Patron of a Grammar School, tlie Lord Chancellor or the Chancellor of the Duchy of Lancaster, as the case might be, should be considered the Patron for the purposes of the Act ; and under Sec. 9 the Patron's consent was made necessary before the uniting of two Grammar Schools as authorised by the section could be effected. Endowed Schools Acts.^— Under Sec. IS of E?id. Sch. Act, 1869, Schemes under the End. Sch. Acts must provide for saving of, or compensation for, such interest as a Governor appointed before 25th June, 1868, may have in regard to rights of patronage. By Sec. 13 of the WeLsJt, luterm. Education Act, 1889, it is enacted that no Scheme under that Act mav interfere with an endowment taking effect after the date of the passing of the End. ScJi. Act, 1869 (2nd Aug., 1869), unless with the consent of the Founder or ^ As to patronage in connection with Visitation see Chap. VII. '^ Cf. End. Sch. Act, 1868, Sec. 3 (Chaii. VIII., Sec. (1)). ■' See as to this Act Chap. III. ■* See as to these Acts Chap. III. SCHOOLS IX COMPETITION. 25 Governing Body ; but it has been held that the section does not apply to rights of patronage which were not at the date of the Act of 1889 (12th Aug., 1889), exercised by a member of the Governing Body or possessed in consequence of an)- donation made by him (Re Sioansea Gr. Sch., 1894, A. C. 252, where the appointment of a Schoolmaster was in question). It was held in Re Christ's Hospital (1890, 15 A. C. 172) that Donation Governors having rights of patronage (in that case the nomination of pupils) were persons " directly affected " within Sec. 39 ^ of End. Sch. Act, 1869, and, therefore, entitled to be heard on the question whether a Scheme was or was not in conformity with the Act. (5) SCHOOLS IN COMPETITION. In establishing a new School, the question of competition with an existing School may arise. Interference with a man's trade by fair competition is not actionable (Mogul S.S. Co. v. McGregor, 1892, A. C. 25). Thus, when a Schoolmaster sets up a School and entices scholars to it from another School, an action is not maintainable (Yearb, 11 Hen. 4, fol. 47, pi. 21) unless he adopts unfair methods (cf. Keeble v. Hickeringill, 1707, 11 East. 576). See. however, as to a Schoolmaster competing with his former School Chap. XII., Sec. (8). Art. 27 of the Board of Education Regulations for Secondary Schools deals with the question of competition (see Chap. V., Sec. (3)). See also Sec. 2 of tlie Education Act, 1902 (Chap. VI., Sec. (3), (b)). ' See as to this section Chap. III. 26 STATUTORY ENACTMENTS AFFECTING SECONDARY SCHOOLS. CHAPTER III. STATUTORY ENACTMENTS AFFECTING SECONDARY SCHOOLS. (1) LIST OF ENACTMENTS.' The following is a list of tlie principal Statutes affecting- Secondary Schools, together with references to Chapters in this book in which the enactments are discussed. Those under which any functions are exercised by the Board of Education, whether as successors to the Charity Commissioners or otherwise,- are printed in the list in italics. Those marked * extend to Scotland, and those marked t to Ireland. All apply to England and Wales. References to Chapters in this book. Disabling Statutes of Elizabeth (Leases), 1570 to 1597 Chap. X. Statute of Elizabeth (Charitable Uses), 1601 - Chap. IV. *tRonully's Act, 1812 Chap. XV. Charitable Donations Registration Act, 1812 - Chap. I. Charities Procedure Act, 1832 (Seo. 3) - - - Chap. VIII. fRoman Catholic Charities Act, 1832 - - - Chap. XIV. Common Fields Exchange Act, 1834 - - - Chap. X. Grammar Schools Act, 1840 . . . . Chap. III. *8chool Sites Acts, 1841 to'1852 . . . - Chaps. IV., V., & XIV. Inclosnre Acts, 1845 to 1876 ... - Chap. X. Trnstee(s) Appointment Acts. 1850 and 1890 - Chap. VIII. 1 The City of London Parochial Charities Act, 1883 (46 & 47 Vict. c. 36), the Local Government Act, 1894 (56 & 57 Vict. c. 73), except as to Sec. 14 (5), and the London Government Act, 1899 (62 & 63 Vict. c. 14), though concerned with Charities, do not, from a practical point of view, affect Secondary Schools, and are therefore not dealt with in this book. Certain legislation of a general nature, which only incidentally is applicable, or only in one or two clauses out of a large number refers, to Charities or Schools (such as the Trustee Act, 1893, Lands Clauses Consolidation Act, 1845, Ptiblic Health Acts, Building Acts, Infectious Diseases Acts, and Land Transfer Acts and Rules), is not included in the list, though dealt with in subsequent portions of this work. - See Chap. V. THE GRAMMAR SCHOOLS ACT, 1840. 27 References to Chapters in this book. Service of Notices Act, Ibol ' - - - - — Charitable Trusts Act^, 1853 to 1894 - - - Chap. III. & App. II. *School Grants Act, 1855 Chap. V. Bishops' Trusts Stibstitution Act, 1858 - - - Chap. VIII. Endowed Schools Acts, 1860 to 1889 (including Welsh Intermediate Education Act, 1889) - - - Chap. III. & App, 11. Roman Catholic Charities Act, 1860 - - - Chap. XIY. *tCompanies Acts, 1862 (Sees. 18 and 21) and 1867 (Sec. 23) ------ - Chaps. II. & IV. Public Schools Acts, 1868 to 1873 - - - Chap. III. *tCharitable Funds Investment Act, 1870 - - Chaps. IV. & X. Charitable Trustees Incorporation Act, 1872 - - Chaps. 11. & IV. Municipal Corporations Acts, 1882 and 1883 - - Chap. II. Local Government Act, 1888 ... - Chap. VI. Mortmain and Charitable Uses Acts, 1888 and 1891 - Chap. IV. *Board of Agriculture Acts, 1889 and 1903 - - Chap. X. Charity Inquiries (Expenses) Act, 1892 - - Chap. VI. Local Government Act, 1894 {Sec. 14 (5) ) - - Chap. III. Board of Education Act, 1899 - - - - Chap. V. & App. II, Education Acts, 1902, 1903 (London), and 1907 - Chap. VI. & App. 11. Endotced Schools {Masters) Act, 1908 - - - Chap. XII. & App. II. Agricultural Holdings Act, 1908 {Sec. 41) - - Chap. X. (2) GRAMMAR SCHOOLS ACT, 1840. (a) Schools to which the Grammar Schools Act was applicable. Gnunmar Schools are all endowed. Originally, ior the most part, they were free, were founded for the teaching of Latin and Greek (to the exclusion of other branches of Literatui-e and of Science), were Church of England Schools, and included all the ancient Public Schools. The Act affected :ill (irummar Schools, except those expressly exempted from the Act {infra, p. 29) ; but the Act has been practically supei-seded by the Endowed Schools Acts,'^ which extend, generally speaking, to all Grammar Schools. ' 14 & 15 Vict. c. 56. This Act enables governors, members, and subscribers of Chanties to be served Ijy post. = 344 Vict. c. 77. ^ Infra, p. 3H. 28 STATUTORY ENACTMENTS AFFECTING SECONDARY SCHOOLS. (b) Objects, and Summary of Provisions, of the Grammar Schools Act. The main object of the Act (Sec. 1) was to empower Courts of Equity, either in the course of proceedings before them, or upon special application by Petition (see Chap. XV.), to give directions and make Schemes for the widening of the curricuhim by including, in addition to Latin and Greek, which were not as a rule to be dispensed with (Sec. 3j, other branches of Literature and Science, and for the extending or restricting the admission of piTpils.i It enacted that existing rights of Patronage should be preserved as far as possible (Sec. 6) ~ ; it continued the jurisdiction of the Ordinary (Sec. 7)^; it made no change in the control which the Church of England more or less exclusively exercised over the Schools ; its provisions did not seriously interfere with the almost absolute security of tenure which Schoolmasters enjoyed, although by Sec. 17 some attempt was made in that direction ^ ; it gave the Court power (the proposed exercise of which was iisually successfully resisted) to unite G-rammai Schools (Sec. 9) ; and it contained certain provisions as to Visitors (see Chap. VII.). The usefulness of the Act was, however, considerably restricted by Sees. 10 and 11. The effect of See. 10 was that no Scheme affecting the duties and emolument of any Master appointed before the Act (7 Aug., 1840) could be made without his written consent ; and of Sec. 11 that, unless steps were taken towards a new Scheme within six months of the vacancy of a "Head-mastership, a Head Master appointed after 7th Aug., 1840, could veto the Scheme. Further references to the Act will be found in the sevei'al Chapters on The Establishing of a Secondary School (Chap. II.) ; Trustees and Governors (Chap. VIII.) ; Schoolmasters (Chap. XII.) ; Pupils (Chap. XIII.) ; Religion in Schools (Chap. XIV.) ; and Legal Procedure (Chap. XV.). ^ Similar alterations had already been sanctioned by the Court in many Grammar Schools, c/. Chap. XIII., Sec. (1), (a). - See generally as to Patronage Chap. II. 3 See as to the Ordinary Chap. XIV. •• See Chap. XII., Sec. (6), (b).' THE CHARITABLE TRUSTS ACTS. 29 (c) Exemptions from the Grammar Schools Act. Under Sec. 24, the following " Grammai' " Schools were exempted from the Act : Westminster, Eton, Winchester, Harrow, Charterhouse, Ruo-by, Merchant Taylors', St. Paul's, Christ's Hospital, Birming-ham. Manchester, Macclesfield, and Louth, and all Schools which form part of any Cathedral or Collegiate Church. (3) CHARITABLE TRUSTS ACTS.' (a) Schools to which the Charitable Trusts Acts are applicable. "Charity" is defined in Sec. 66 of C. T. Act, 18-53, as- meaning, for tlie purposes of the C T. Acts, " every endowed foundation and institution .... coming within the meaning, purview, or interpretation of 43 Eliz. c. 4,- or as to which or the administration of the revenues or property whereof the Court of Chancery has or m;iy exercise jurisdiction^"; ;ni(l in Sec. 48 of ('. T. Amendment Act, 1855, as including "every institution in I'^igland or Wales endowed for charitable purposes, but .... not .... any Charity or Institution expressly exempted fium the opei-ation of the Act of 1853.*^" A charitable |)urpose is necessarily of a public cliaractLT. that is to say, it must be directed to the benefit of the community, or a section of the community (lie Foveanx, 1895, 2 Cli. 504; Re Mann, > C. T. Act, 18.-.:? (H; & 17 Vict. c. 137); C. T. Amnndment Act,, \Hm (IS |> >int- ment of Trustees .----- Cha]). VIII. Removal of Trustees ...... Chaj). VIll. Removal or approval of removal of Schoolmasters and Officers ^ ...... Chap. XII. Transfer and vestinp of real and personal estate to, in, or from [the Official Trustees or other] Trustees-^ Chaj.. VIM. ' Various Charity Commissions had from time lo lime since i'.i KHz. c. ■^■ (swp. p. 29), been called into temporary existence for imjuisitorial purposes only. = See Chap. V. » See Chap. VIIJ. ^ Cf. p. 42 n. 1, itifra. •' Cf. " AdniiiiiBtriitivc " functions, mjni. 82 STATUTORY ENACTMENTS AFFECTING SECONDARY SCHOOLS. References to Chapters in this book. Authority to [the Official Txnistees of Charitable Funds or other] Trustees to call for transfers of or to transfer stock ----- Chap. VIII. Administrative {i.e. independently of the judicial powers above referred to) : — Opinion and advice for the indemnity of Trustees (Sec. 16 of C. T. Act, 1853) - - - - Chap. VIII. Authority to purchase or invest in real estate (Sec. 27 of C. T. Act, 1853; Sees. 35 and 41 of C. T. A. Act, 1855; and see Sec. 15 of C. T. Act, 1860) Cliap. IX. Authority to purchase rent charges ou charity land (Sec. 25 of C. T. Act, 1853) - - Chap. X. Authority for improvements or for expenditure on improvements, buildings, or otherwise (Sec. 21 of C. T. Act, 1853 ; and see Sec. 15 of C. T. Act, 1860) Chap. X. Authority for raising, adjusting, or discharging mortgage or other loans (Sec. 21 of C. T. Act, 1853; Sees. 29, 30, and 32 of C. T. A. Act, 1855; and see Sec. 15 of C. T. Act, 1860) C'lii'P- X- Authority to sell real estate (Sees. 24 and 26 of C. T. Act, 1853 ; Sec. 29 of C. T. A. Act, 1855 ; and see Sec. 2 of C. T. Act, 1860) - - - Chap. X. Authority to sell rent charges owned by the Charity (Sec. 25 of C. T. Act, 1853 ; and see Sec. 23 of C. T. Act, 1853) - - - - Chap. X. Authority to convey real estate and to execute conveyances by [Official Trustee of Charity Lands or other] Trustees, or to execute agree- ments for sale (Sec. 24- of C. T. Act, 1853 ; and Sees. 29 and 37 of C. T. A. Act, 1855) - - Chaps. VIIT. A- X. Authority to exchange real estate (Sees. 24 aud 26 of C. T. Act, 1853 ; Sees. 32 and 34 of C. T. A. Act, 1855) Chap. X. Authority to partition real estate (Sec. 23 of C. T. Act, 1853; and see Sees. 31, 32, and 34 of C. T. A. Act, 1855) Chap. X. Authority to grant building, mining, or other leases, or to execute agreements for leases (Sees. 21 and 26 of C. T. Act, 1853; Sees. 16, 29, and 39 of C. T. A. Act, 1855; and see Sec. 15 of C. T. Act, 1860) - - - - Chap. X. THE CHARITABLE TRUSTS ACTS. 33 References to Chaptei-s in this book. Appointment of Otficial Trustees of Charitable Funds (Sec. 4 (1) of C. T. Act, 1887) - Chap. VIII. [Authority for transfer of stock or payment of money to Official Trustees of Charitable Fund's] (Sees. 12 and 22 of C. T. A. Act, 1855) Chap. Till. Authority for investment of money by [Official Trustees of Charitable Funds or other] Trustees (Sees. 24 and 25 of C. T. Act, 1853 ; and Sees. 23, 35, and 36 of C. T. A. Act, 1855) Chaps. YIII. & X. [Authority for sale or transfer of stock, funds, monies, or securities by Official Trustees of Charitable Funds] (Sec. 37 of C. T. A. Act, 1855 ; and see Sec. 52 of C. T. Act, 1853) Chap. VII I . Authority to enrol documents (Sec. 42 of C. T. A. Act, 1855) Chap. X. Authority to remove Schoolmasters, &c. (Sec. 22 of C. T. Act, 1853) Chap. XII. Authority to grant pensions, &c., to School- masters and others (Sec. 22 of C. T. Act, 1853) Chap. XII. Authority to compromise claims made by the Charity (Sec. 23 of C. T. Act, 1853) - - Chap. XY. Authority to compromise claims made against the Charity (Sec. 31 of C. T. A. Act, 1855) Chap. XV. Authority to take legal proceedings (Sec. 19 of C. T. Act, 1853) Chap. XV. Certificates authorising applications to the Courts (Sec. 17 of C. T. Act, 1853) - - - - Chap. XV. Certificates to the A. G. with a view to institution by him of ev-officio proceedings (Sec. 20 of C. T. Act, 1853) Chap. XV. Application to the A. G. for sanction to i)ro- ceedinps for recovery of small properties (C. T. (Recovery) Act, 1891) - - - Chap. XV. Inquiititorial : — ReciniHitions to produce Accounts ' and Documents and to answer inquiries (Sees. 9 to 15 of C. T. Act, 1853 ; Sees. 6 to 9 of C. T. A. Act, 1855 ; C. T. Act, 18H7; and Charity Inquiries (Expenses) Act. 1892) Chaps. VI. .*t X. ' This is distinct from the question of the annual accounts which all Charitiof^ have to keep and render under Sec. 61 of C. T. Act, 1853, and Sees. 44 and 4i> of C. T. A. Act, 1855 (see Chap. X.). 3 34 STATUTORY ENACTMENTS AFFECTING SECONDARY SCHOOLS. It is enacted by Sec. 1 of C. T. Act, 1862, that no provisions in any private Act of Parliament or order of the High Court for the appointment or removal of Trustees of any Charity, or for or relating to any sale, exchange, leasing, or disposal of any property by or under the Court, shall (in the absence of any express direction to the contrary in any future Act or Order) exclude or impair the jurisdiction or authority which might otherwise be exercised by the Charity Commissioners. The judicial functions enumerated in the above list were not conferred on the Charity Commissioners until the passing of the Charitable Trusts Act, 1860, prior to which corresponding powers could only be exercised by the Court. The powers which the Charity Commissioners [and Board of Education] enjoy under that Act are co-extensive with the powers of, and may be invoked by the same parties as may apply to, the Court ; with the consequence that the Court's powers have fallen into disuse, the relief given by the Charity Commissioners [and Board of Education] being " through an easy and simple course of procedure, free from technicalities, and almost wholly free from cost."i On the other hand the jui'isdiction under the C. T. Act, 1860, is limited by Sec. 4 thereof to Charities of which the gross annual income is less than £50, except upon the application in writing of the Trustees or a majority of them. Sees. 3, 6, and 7 require certain formalities as to notice and otherwise. Sec. 5 empowers the Charity Commissioners [and Board of Education] to decline to exercise jurisdiction in contentious cases which they think more fit to be left to the jurisdiction of the Court. When Trustees pay money into Court under the Trustee Act 1893,- the Court may deal with the fund and direct a Scheme without the sanction of the Charity Commissioners [or Board of Education] {Re St. Giles", ^c. Volunteer Corps, 1858,25 B. 313) ; and, in administration actions, the Court may itself direct a Scheme without reference to the Charity Commissioners [or Board of Education]. =^ 1 See 53rd Report of Charity Commrs., 1906. - 56 & 57 Vict. c. 53 replacing the Trustee Relief Acts, 1847 and 1849. (see Chap. VIII., Sec. (7) ). 3 See Chap. XV., Sec. (1). THE CHARITABLE TRUSTS ACTS. 35 The procedure as to Schemes, under the C. T. Acts, is discussed in the next section of this Chapter. As to points of distinction between the C. T. Acts and the End. Sch. Acts see infra., p. 43. Further and fuller references to the C. T. Acts will be found in the several Chapters on The Establishing of a Secondary School (Chap. II.) ; Visitors (Chap. VII.) ; Trustees and Governors (Chap. VIII.) ; Acquisition and User of Premises for School Purposes (Chap. IX.) ; Management and Disposition of School Propei-ty (Chap. XI.) ; Schoolmasters (Chap. XII.) ; Religion in Schools (Chap. XIV.) ; and Legal Procedure (Chap. XV.). (c) Procedure as to Schemes under the Charitable Trusts Acts. The steps before a Scheme is finally settled, undei- the C. T. Acts, are as follows : — (1) Application for a Scheme may be made — (a) To the Court, under Sec. 43 of C. T. Act, 1853, by— (i.j The Attorney General ; or (ii.; All or any one or more of tlie Ti'ustees or persons administering or claiming to administer or interested in the Charity ; or (iii.j Two or more inhabitants of the parish. (}>) To the Charity Commissioners [or Board of Education], under Sec. 2 of C. T. Act, 1860, by the same persons as under (i.j. (ii.;, and (iii.) above, except where the Charity has a gross annual income of £50 or moi'e, in which case the application can be made only by — (iv.) The Trustees or persons acting in the ailministration of the Charity, or a majority of them (Sec. 4 of C. T. Act, 1860). (2) Jk'foie the order for a Scliemc is made l)y the Chaiity Commissioners [or Board of Education] notice of thu 36 STATUTORY ENACTMENTS AFFECTING SECONDARY SCHOOLS. intended exercise of tlieir jurisdiction must be given to the Trustees (Sec. 3 of C. T. Act, 1860 ; Sec. 4 of C. T. Act, 1869) ; and public notice of tlie proposed order must be given locally or among all persons interested, and objections and suggestions received, by the Charity Commissioners [or Board of Education], Avho may withhold, suspend, or modify their proposed order (Sec. 6 of C. T. Act, 1860) ; and if a Scheme relating to a Charity which is not an Ecclesiastical ^ Charity affects a rural parish, a draft of it must, on or before publication of the notice above mentioned, be submitted to the pai'ish council or chairman of the parish meeting, and the council may make objections and suggestions (Sec. 14 (5) of Local Goverment Act, 1894 - ; cf. Be Berkhamsted Gr. School, 1908, 2 Ch. 25). Sec. 7 of C. T. Act, 1869, enacts that the Charity Commissioners [and Board of Education] shall not be required, upon modifying a proposed order as provided by Sec. 6 of C. T. Act, 1860, to give public notice of the modified order. In Be BerTiliamsted Gr. Sch. {sup.) it was held that, even though the proposed order was so absolutely altered after the hearing of objections as to embody a new Scheme, it was none the less modified within the meaning of Sec. 7 of C. T. Act, 1869 ; and that the Board of Education had an absolute discretion to determine whether the modifications were such as to render a fresh notice desirable. (3) Appeals to the Court from orders of the Charity Commissioners [or Board of Education] relating to a Scheme can be presented by the Attorney General or any person authorised by them or him (Sec. 8 of C. T. Act, 1860, and Sees. 10 and 11 of C. T. Act, 1869). (4) Means for obtaining Acts of Parliament for Schemes which are beyond the authority of the Court (and consequentl}- of the Charity Commissioners [or Board of Education]-^) 1 See p. 10, n. 1. - 56 & 57 Vict. c. 73. =' Sup., p. 34. THE CHARITABLE TRUSTS ACTS. 37 to sanction^ are provided by Sees. 54 to 60 of C. T. Act, 1853; but, owing to the difficulty of obtaining such Acts of Parliament, these pi'ovisions are rarely utilised. - When appeals are presented, as above, under the C. T. Acts {Re Hackney Charities, 1865, 34 L. J., Ch. 177; Be Campden Charities, 1881, 18 Ch. D. 310), the Court will not interfere with the exercise by the Charity Commissioners [or Board of Eduction] of their discretionary powers, except in cases of gross and palpable miscarriage of justice (Re Burnham Nat. Sch., 1873, 17 Eq. 241), or mistake of pi'inciple or law (Be Campden Charities, sup.) ; and cf. infra, p. 49, as to appeals to the Judicial Committee. (d) Exemptions from the Charitable Trusts Acts. There does not appear to be any reason why a Charity should be exempted from the Acts merely because it is a limited company under the Companies Acts.^^ See, however, Be Church Army (1905, 21 T. L. R. 681; 1906, 22 T. L. R. 429) and Be ^V^little's Contract (1907, 2 Ch. 486), in both of which cases the Court left the point open. Under Sec. 14 of C. T. Act, 1869, Trustees or persons administering Charities exempted from the operation of the C. T. Acts may apply to the Charity Commissioners [or Board of Educa- tion] to have the benefit of the Acts extended to such Charities. The following are exempted from the Acts generally: — (I) Charities so far as their income is derived from current voluntary contributions, provided they are not Cathedral, Collegiate, Chapter, or other ^ Schools (Sec. 62 of C. T. Act, 1853) '' ; ' C/. Chaj). II., .Sec. (3), (b). " Tudor, 4tli ud., p. o53. * Sec as to the Companies Acts Chap. II., Sec. (2), (a). * J.t. Schools ejusdem genertK [Re Stockport, Ac, Schools, 1898, 2 Cli. 087). * Although the words printed in italics suffice to express the genf-rnl inni.ort of a portion of Sec. 62 (cf. Re Stockport, &c.. Schools, sup., 700; and Re Whittle's Contract, gup.. 492), its precise meaning is obscure. Sec. 62 and the various decisions under it are fully analysed in Appendix I. of tliis book. 38 STATUTORY ENACTMENTS AFFECTING SECONDARY SCHOOLS. (2) The property of Missionary or similar Societies, or their Teachers or Officers, which is not in England or Wales (ibid.) ; (3) Eton and Winchester (Sec. 49 of C. T. A. Act, 1855). The following is exempted from the jurisdiction conferred on the Charity Commissioners [and Board of Education] by Sec. 2 of C. T. Act, 1860 (see supra, pp. 31, 34) :— (4) Any Charity whose gi-oss income is £50 p. a. or more, unless a majority of the Trustees or persons administering the Charity apply to bring it within the jurisdiction (Sec. 4 of C. T. Act, 1860). (4) ENDOWED SCHOOLS ACTS.^ (a) Schools to which the Endowed Schools Acts are applicable. The Endowed Schools Act, 1869 {infra, p. 40), contains the following definitions, which are directed to hold good "unless the context otherwise requires," and which should be compared with those in the C. T. Acts (supra, p. 29) : — (1) " Endowment " means all property " dedicated to such charitable uses as are referred to in this Act " (Sec. 4) ; (2) " Educational Endowment " means " an endowment or any part of an endowment which, or the income whereof, has been made applicable,- or is applied,'^ for the purposes of education at School of boys and girls ^ or either of them, or of exhibitions tenable at a School or an • See p. 40 as to the several Acts; and see Chap. XII., Sec. (6), as to the Endowed Schools (Masters) Act, 1908. - Even though not originally so given (Ross r. Charity Commrs, 1882, 7 A. C. 463). ■' Whether continuously (Re Christ's Hospital, 1889, 15 A. C. 172) or temporarily (Be Free Gr. Sch., &c., at Hemsworth, 1887, 12 A. C. 444). ^ Even though they are permitted to remain after 21 {Re Hodgson's Sch., 1878, 3 A. C. 857). THE ENDOWED SCHOOLS ACTS. 39 University^ or elsewhere, whether the same has been made so applicable by the original instrument of foundation or by any subsequent Act of Parliament, letters patent, decree, scheme, order, instrument, or other authority, and whether it has been made applic- able or is applied in the shape [a] of payment to the Governing Body of any School oi' any member thereof, or to any teacher or officer of any School, or to any person bound to teach, or to scholars in any School or their parents, or [b] of buildings, houses, or school apparatus for any School, or otherwise howsoever" (Sec. 5). " Endowments attached to any School for the payment of apprenticeship fees and for the advance- ment in life or for the maintenance- or clothing or otherwise for the benefit of children educated at such School shall be deemed to be educational endowments." (Sec. 29 ; and cf. Sec. 30, infra, p. 45). (3) "■ Bndoived School" means "a School which i.s (or if it were not in abeyance would be) wholly or partly maintained by means of any endowment : Provided that a School belonging to any pex'son or body corporate shall not by reason only that exhibitions are attached to such School be deemed to be an Endowed Scliool " (Sec. 6).'^ The Acts affect (with certain exceptions enumerated here- after, p. 49) all Endowed Schools, including Grammar Schools, and, in effect, foi- the time being* supersede the Grammar Schools Act.'' It is practically certain that the legislature will never countenance a return to the old law as regards i-eligion, subjects of instruction, tenure of Schoolmasters, or the constitution of Governing Bodies. ' Even thoagh the Exhil)itiona are not specified as open to any particular Schools (Re Meyricke Fund, 1872, 7 Ch. 502). - Cf. Re Christ's Hospital, 188'J, 15 A. C. 180, 181. =' This definition is adopted by the Endowed Schools (Masters) Act, 1908 (see Chap. XII., Sec. (6)). ■* See p. 40. " See as to this Act suprn, p. 27. 40 STATUTORY ENACTMENTS AFFECTING SECONDARY SCHOOLS. (b) Objects, and Summary of Provisions, of the Endowed Schools Acts, The Endowed Schools Acts, 1869 to 1889, consist of the Acts of 1869,1 1873,2 and 1874,^ and the Welsh Intermediate Education Act, 1889.^ The powers of making Schemes under them are temporary, but are renewed annually by the Expiring Laws Continuance Acts. The Act of 1869 was preceded by two Acts of 1860 and 1868. The Endowed Schools Act, 1860^ (from which there were certain exemptions, see infra., p. 49) gave facilities for the admission to a School of children whose parents belonged to a religious denomination diiferent from that in connection with which the School was carried on (see Chap. XIV.), but it was found that the relief })rovided by the Act was inadequate and that further legislation was necessary. The Endowed Schools Act, 1868,^ prepared the way for the Endowed Schools Act, 1869, by (in effect) preventing the creation of any further vested interests foi- Schoolmasters and School Officers, both of which classes enjo^-ed practically an absolute security of tenure. The Act of 1868 was directed by the Endowed Schools (Vested Interests) Continuance Act, 1875,7 to be continued so long as the power of making Schemes under the Endowed Schools Acts, 1869 to 1874, should remain in force. The object of the Endowed Schools Act, 1869, was the carrying into elfect the recommendations of the Schools Inquiry Commis- sion, which (see their Report of 2nd December, 1867). included tlie bringing of higher education within the reach of the poorer classes (or, as it is expressed in the preamble to the Act, the putting a liberal education within the reach of children of all classes) ; the revision of unsatisfactory regulations (e.g. as to the tenure of Masters, and as to religious teaching and qualifications) ; and the participation of girls in endowments. This object was 1 32 & 33 Vict. c. 56. -m&ZI Vict. c. 87. •* 37 & 38 Vict. c. 87. •• 52 & 53 Vict. c. 40. ^ 23 & 24 Vict. c. 11. '' 31 & 32 Vict. c. 32. ' 38 & 39 Vict. c. 29. THE ENDOWED SCHOOLS ACTS. 41 achieved by the creation of the Endowed Schools Commissioners (to whose functions the Charity Commissioners, by virtue of Sec. 1 of End. Sch. Act, 187-4, and, subsequently, the Board of Education, by virtue of the Board of Education Act, 1899, and Orders in Council thereunder,! succeeded), and the empowering them (Sec. 9 of End. Sch. Act, 1869) liy Schemes to alter, add to, or replace existing trusts and provisions.- To such Schemes all interests acquired after the passing of the Act [2nd Aug., 1869] by Governors, Schoolmasters, Exhibitioners, and others are subject (Sec. 55 ; but c/. Sec. 13, infra,, p. 43) ; and the Board of Kducation may amend Schemes approved under the Acts (Sec. 44), or provide in a Scheme for its alteration under the C. T. Acts (Sec. 28,-5 and Sec. 10 of End. Sch. Act, 1873 -^). Tiie End. Sch. Acts fnrthe]- give specific directions as to the provisions to be embodied in Schemes (see infra, p. 42) and lay down elaborate procedure in connection Avith their establishment (see infra, jj. 47). As to points of distinction between the C. T. Acts and End. Sch. Acts see infra, p. 43. Further or fuller references to the End. Sch. Acts will be found ill the several Chapters on The Establishing of a Secondary School (Chap. 11.) ; Local Authorities (Chap. VI.) ; Visitors (Chap. VII.) ; Trustees and Goveiiiojs (Chap. VIII.) ; Acquisition and User uf Premises for School Purposes (Chap. IX.) ; Management and Disposition of School Property (Chap. X.) ; Schoolmasters (Chap. XII.) ; Pupils (Chap. XIII.) ; Religion in Schools (r]in|). XIV.): and Legal Procedure (Chap. XV.). ' See Chap. V. - Under such Schemes tlie area to bo henefitod iiiuy be extended (He St. Leonard, Shr.reditch, Schools, lbH4, 10 A. C. 304-), or a site may bo removed {Uc Free (Jr. Sch.. &c., at Honiswortli, JK87, 12 A. C. 444), or, generally, lire-existing Charters and Statutes may, in effect, be abrogated (Chester r. Chester, 1902, 87 L. T. 620; rf. Sec. 46, infra, p. 46). As to suspension of the f 'onrt's powers see infra, pp. 45, 46. ■' As to Sec. 28 not being inconsistent with Sec. 45 see p. 45, n. * Cf. Re Berkhamsted Gr. School, 1908, 2 Ch. 25, where the Scheme provided that snch an alteration wa.s not to be inconsistent with the End. Sch. Acts. 42 STATUTORY ENACTMENTS AFFECTING SECONDARY SCHOOLS. (c) Provisions of Schemes under the Endowed Schools Acts. The principal provisions which in certain cases, may, and in other cases must (subject to certain exemptions, infra, p. 49), be embodied in Schemes under the End. Sch. Acts may be summarised as follows : — (1) Schemes may contain any powers and provisions that niaj' be thought expedient for carrying their objects into effect (Sec. 23 of End. Sch. Act, 1869), e.g. a clause enabling a species of visitatorial jurisdiction sufficient to indemnify the Governors and to bind the objects of the Charity {Re Hodgson s School, 1878, 3 A. C. 857); or a clause in the following terms : " Any question affecting the regularity oi- validity of any proceeding' under this Scheme shall be determined conclusively by the Charity Commissioners [Board of Education] upon such application made to them for the purpose as they think sufficient " (Be Hodgson's School, sup. ; cf. E. V. Wilson, 1888, W. N. 12 ; and R. v. Charitij Gommrs., 1897, 1 Q. B. 407) ^ ; but under such a clause the Charity Commissioners were held not to be compellable to deteiinine questions (Ii. v. Charity Gommrs., sup.) ; (2) They may reconstitute, incorporate, establish, and remove,. Governing Bodies (Sec. 10) ; (3) They may dissolve corporations (including Governing- Bodies) incorporated solely for the purpose of endowments dealt with by such Schemes (ibid.) ; (4) They may provide for the transfer of visitatorial functions to His Majesty, to be exercised by and through the Board of Education (Sec. 20) ; (5) They must abolish the jurisdiction of the Ordinary'- to license Masters (Sec. 21) ; 1 Such a clause is frequent in Schemes nnder the C. T. Acts, or the End. Sch. Acts (Tndor, 4th ed., pp. 705 and 972 et neq.). 2 See Chap. XIV. THE ENDOWED SCHOOLS ACTS. 43 (6) They must provide for the dismissal of Teachers and School Officers at pleasure (Sec. 22) ; (7) In abolishing or modifying any privileges or educational advantages to which a particular class of persons are entitled ^ they must have due regard ~ to the educational intei-ests of such class (Sec. 11) and of persons in a particular class in life (Sec. 5 of End. Sch. Act, 1873). They are to provide for saving of, or compensation for, vested interests '^ of Foundation Scholars and Exhibitioners, and of Teachers, Officers, Pensioners, and Governors, appointed before the End. Sch. Act, 1868-1 (Sec. 13 of End. Sch. Act, 1869). Thej' must have regard to rights of patronage which Governors possess by reason of their donations (ibid.) ; and in applying non-educational endowments to education (infra, p. 45) they must have due regard to the class hitherto benefited (Sec. 30). (8) They must, except in certain cases, provide for the removal of religious restrictions and requirements affecting Governoi-s, Schoolmasters and Pupils (Sees. 15 to 19 of End. Sch. Act, 1869; see Chap. XIY.). (d) Points of Distinction between the Charitable Trusts Acts and the Endowed Schools Acts. The main distinctions in the operation of the two groups of Acts may be tabulated as under. It may he mentioned in this connection that the Bofirfl of Education, as the successors to tlic jioweis conferred on tliu Charity Commissioners ' Re Sutton Col'q., supra, and pp. 47 et seq., infra, respectively. (3) Many Schools and educational endowments (including those founded since 2nd Aug., 1819) are not subject to the End. Sch. Acts, except (in the case of some of them) by consent, and are therefore subject only to the C. T. Acts, unless expressly exempted therefrom 2; but all educational endowments, even those subject to the End. Sch. Acts, are also subject, in many respects, to the C. T. Acts, unless expressly exempted therefrom.2 On the other hand, if the gross annual income of a Charity amounts to or exceeds £50 the Charity Commissioners [and Board of Education] can make no Scheme under the C. T. Acts except upon the application of the Trustees (C. T. Act, 1860, Sec. 4, supra, p. 34). (4) Until a Scheme is formulated under the End. Sch. Acts for an educational endowment it remains subject to ' Repoi't of Board of Education for 1902-3. ' See as to these exemptions supra, p. 37. THE ENDOWED SCHOOLS ACTS. 45 the jurisdiction given by tlie C. T. Acts for making Schemes as well as to the genei^al jurisdiction conferred by those Acts (p. 30, supra). (5) The C. T. Acts are, but the End. Sch. Act.s are not, strictly confined to the cy-prts doctrine,^ inasmuch as, under the latter, Istly, a Scheme may make an}- alteration as long as it is conducive to the advance- ment of the education of boys or girls (End. Sch. Act, 1869, Sec. 9) ; and 2ndh/, the Board of Education may, witli the consent of the Governing Body and subject to certain conditions, by a Scheme devote to educational purposes endowments created entii-ely or partly for certain non-educational purposes (End. Sch. Act, 1869, Sec. 30). (6) A Scheme under tlie End. Sch. Acts takes effect as if it had been enacted in the Acts, and, therefore, has the force of an Act of Parliament (End. Sch. Act, 1869, Sec. 45 ~) ; and it may repeal and abrogate every instrument (including an Act of Parliament) relating to the subject-matter of the Scheme, either expressly (End. Sch. Act, 1869, Sec. 46), or impliedly (Sec. 9 ; see Chester v. Chester, 1902, 87 L. T. 618) ; but, under the C. T. Acts, the Charity Commissioners [and Board of Education] do not interfere witli Schemes established by Act of Parliament unless the Act expressly authorises such interference, and sucli Schemes can, therefore, otherwise only be altered I)}- Act (;f Pailianient (cf. supra, p. 20; and see Sees. 54 to 60 of C. '1'. Act, 1853, supra, p. 37). (7 } During the continuance of the End. Sch. Acts the powers of the Couit for making Schemes or aj)poiiiting new Trustees in respect of endowments which can l)e dealt with Iiv a Scheme iiinhM- those Acts cannot ' See p. 7. ' Ab to this .soctiori not Ixmiijj inconsiateiit witli Sec. 28 {sujyra, p. H) see Re Berkliamsted dr. Scli., 1!>08, 2 Ch. 25. 46 STATUTORY ENACTMENTS AFFECTING SECONDARY SCHOOLS. be exercised without the consent of the Board of Education (End. Sch. Act, 1874, Sec. 6). As to what endowments cannot be so dealt with cf. A. G. v. Moises, cited infra, p. 53. (8) In certain matters steps can be taken only, or more conveniently, under the C. T. Acts ; and Schemes under the End. Sch. Acts may and do contain clauses directing or empoweiing the application of the C. T. Acts to such matters : thus — (a) Sees. 9 to 15 of C. T. Act, 1853, and Sees. 6 to 9 of C. T. A. Act, 1855, confer certain inquisitorial powers on the Charity Commissioners [and Board of Education] involving administrative inspection, the calling for accounts and statements, the pro- duction of documents, evidence and examination of witnesses, &c. ; and Sec. 49 of End. Sch. Act, 1869, enacts that Sec. 11 of C. T. Act, 1853 (production of documents by public officers), and Sees. 6 to 9 of C. T. A. Act, 1855 (evidence and witnesses), shall extend to the Endowed Schools Commissioners, whose functions were subsequently transferred to the Charity Commissioners and then to the Board of Education.! In Re Meyricke Fund (1872, 13 Eq. 269 ; 1872, 7 Ch. 500) the Endowed Schools Commissioners were held to have power to inquire into the endowment of exhibitions at a University College which were restricted to a particular district, though not to particular Schools. For the purposes of establishing a Scheme under the End. Sch. Acts, there is necessarily a power of preliminary inspection. The End. Sch. Acts contain, however, no provisions for periodical inspection, such as are contained in Sec. 9 of C. T. Act, 1853.2 See sujtra, p. 41. - See as to Inspection generally Chap. V. THE ENDOWED SCHOOLS ACTS. 47 (6) The C. T. Acts alone deal with legal procedure (see Chap. XV). (c) Genei-ally speaking, the C. T. Acts alone deal with the acquisition, disposition, and management of •property by Trustees ; but under Sec. 55 of End. Sch. Act, 1869, the consent of the Board of Education is necessary to the building, rebuildins:, or enlarging of school buildings ; and Sec. 46 of End. Sch. Act, 1869, provides that, upon a Scheme under the End. Sch. Acts coming into operation, 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. Actual vesting orders as to the property of an established Charity can, however, only be made under Sec. 2 of C. T. Act, 1860, and b}- the Charity Commissioners only, i.e., not by the Board of Education (see Chap. V., Sec. (1)). {d) Sec. 28 of End. Sch. Act, 1869, and Sec. 10 of End. Sch. Act, 1873, enable a Scheme uiidrr the End. Sch. Acts to be altered by a Scheme under the C. T. Acts. (e) Under Sec. 52 of End. Sch. Act, 1869, and Sec. 4 of End. Sch. Act, 1874, the Board of Education may take action under the C. T. Ads on their own motion in certain cases. (e) Procedure as to Schemes under the Endowed Schools Acts. (\) A driift Scheme may be prepared by the Governing Body or iiy the I»oai(l of Education. If the Board pi'epare it, it must be sent to the Governing Body and Head Master. Every Scheme must Ix' published ; and objections and suggestions may be made; and the 48 STATUTORY ENACTMENTS AFFECTING SECONDARY SCHOOLS. Govei'niug Body may submit an alternative Sclieme. (End. Sch. Act, 1869, Sees. 32 to 36, and End. Sch. Act, 1873, Sec. 12). Prior to the Board of Education Act, 1899,^ the Scheme coukl not be finally settled without the approval of the Committee of Council on Education (End. Sch. Act, 1869, Sees. 36 and 37 ; End. Sch. Act, 1873, Sec. 13; and End. Sch. Act, 1874, Sec. 5) ; but the Board of Education have now replaced the Committee by virtue of the Act of 1899. (2) A right of appeal to His Majesty in Council (which must be referred to the Judicial Committee of the Privy Council) against a Scheme, on various grounds, is granted to certain persons in cases where the average gross income of the endowment during the three years preceding 2ud August, 1869, exceeds £100- (End. Sch. Act, 1869, Sees. 39, 40, and 42; End. Sch. Act, 1873, Sees. 13 and 14). An appeal may be brought on any one of four grounds (Sec. 39, sup. ; Be Shaftoe's Charity, 1878, 3 A. C. 876), of Avhich the first three are open to the Governing Body or to any person oi' body corporate " directly affected,"'^ and the fourth to the Groverning Body only. These grounds are (i.) that the End. Sch. Acts give the right of appeal (see Sees. 19,^ and 26 of End. Sch. Act, 1869 ; and Sec. 8 of End. 24, 25, Sch. Act, 1873) ; (ii.) that the Scheme does not save, or make due compensation for, vested interests (see Sec. 13 of End. Sch. Act, 1869) ; (iii.) that the Scheme is not within the scope of, or made in ' See Chap. Y., Sec. (1). 2 As to an income not exceeding £100 see Re Christ's Hospital, 18H9, 15 A. C. 187. ^ As to the expression " directly affected " appl3'ing to a Governor *vho had on 2nd August, 1869, rights of patronage in consequence of a donation bj' him, see Ro Christ's Hospital, •sep., 183, 184; and as to the expression not necessarily applying to inhabitants, ratepayers, or parents of pupils, see Re Shaftoe's Charity, sup.; Re Sutton Coldfield Gr. Sch., 1881, 7 A. C. 91; Re Free Gr. Sch., &c., at Hemsworth, 1887, 12 A. C. -li-l; and Re Colchester Gr. Sch., 1898, A. C. 477. THE ENDOWED SCHOOLS ACTS. 49 conformity with, the Act; and (iv.j that the Scheme does not have "due re^-ard" to the educational interests of a class entitled to privileges or educational advantages abolished or modified hy the Scheme (see Sec. 11 of End. Sch. Act, 1869. sup., p. 4.3). No other grounds of appeal are recognised (Re Siramm. Gr. Sch., 1894, A. C. 255). The Judicial Committee will, ordinarily, not intei^fere, on appeal, with the discre- tionary ])o\vers of the Board of Education (Jie St. Leonard, Shoredifc],. Schooh, 1884. 10 A. C. 3041). (3) The Board of Education (as successors to the Committee of Council on Education ~) must lay a Scheme, when approved hv them, before Parliament for its sanction, if the Governing Body of the endowment to which the Scheme relates, or the Council of any Municipal Borough directly affected, or twenty inhabitant rate- payers, petition them to do so (P]nd. Sch. Act, 1873, Sees. 13. 15) ; and His Majesty in Council may direct that a Scheme petitioned against be laid before Parliament (End. Sch. Act, 1869, Sec. 3!)). (4) The final appioval must be obtained of His Majesty in Council in every case, whatever the previous steps (End. Sch. Act, 1869, Sees. 43 and 45 ; End. Sch. Act, 1873, Sec. 15). (f) Exemptions from the Endowed Schools Acts. Endowed Schools Act, I860 .—The same Schools as are exempted from the Grammar Schools Act, 1840'' (//;., the "Grammar" Schools of Westminster, Eton, Winchester, JIai-row, Ciinrterliouse, Rugby. Mcrcliant 'i'ayloj-s', St. Paul's, Clii-ist's Ijosi.ital, Pii'iningham, ' Cf. Appeals under C. T. Acts, nupra, p. :?7. 2 See Chap. V., Sec. (1). •* See as to this Act xupra, \). 27. •)0 STATUTORY PJNACTMENTS AFFECTING SECONDARY SCHOOLS. Manchester, Macclesfield, and Loath, and Schools forming- part of any Cathedral or Collegiate Church i), and all institutions main- tained wholly by voluntary subscriptions, or partly by voluntary subscriptions and partly by school payments, were exempted from the Act of 1860 by Sec. 2 thereof. Endowed Schools Acts, 1869, 1873, 1874 :— The following [(1) to (7) ] are exempted under Sec. 8 of End. Sch. Act, 1869. fi-om the Acts generally : — (1) Any School mentioned in Sec. 3 of the Public Schools Act, 1868 [viz., Eton, Winchester, Westminster, Charterhouse, Hari'ow, Rugby, and Shrewsbury] ^ ; (2) Any School which on the 1st Jan., 1869, was maintained wholly or partly out of annual voluntary subscriptions (Old had no endowment except the School premises ; (3) Any School which on the 2nd Aug., 1869, had an annual Parliamentary Grant and was not a Grammar School within the Grammar Schools Act, 1840^ ; (4) Any School (unless otherwi.se subject to the Acts) maintained out of any endowment, the income of which may in the discretion of the Governing Body thereof be wholly applied to other than educational purposes,'*' or to such endowment ; (5) Any School (unless otherwise subject to the Acts) assisted out of any endowment, the income of which may, in the discretion of the Governing Body of such endowment, be applied to some other School ; ' As to Cathedral and Collegiate Church Schools generally see Chap. XIV. - Unless it is only interested in an endowment in common with a School not mentioned in the section (A. G. v. Christ Church, Oxford. 1894, 3 Ch. 524). •' See as to this Act f

ru, p. 27. * See Re Christ's Hospital, 1889, 15 A. C. 179. In that case an endowment was created for educational or other purposes, and a specific part of it was accordingly appropriated, in due course, to a School, and the School was held not to be e.xempt within Sec. 8 (4). THE ENDOWED SCHOOLS ACTS. 51 (6) Any endowment applicable and applied solely for promoting- the education of the ministers of any church or religious denomination, or for teaching- any particular profession, or to any School (unless other- wise subject to the Acts) assisted out of such endowment ; (7) Any School which, from 1st July to olst Dec, 1868, was used solely for the education of Choristers, ^ or the endowment of any such School if applicable solely for such education ; and Sec. 3 of End. Sch. Act, 1873, further exempts — (8) Endowed Schools, not being Grrammar Schools within the Grammar Schools Act, 1840,^ but being on 5th Aug., 1873, Elementary Schools within the Elementary Education Act, 1870,"" with a yi-oss average annual income from educational endowments during the three years 5th Aug., 1870, to 4th Aug., 1873, not exceeding £100. The follcnving [(9) to (12)] are exempted under Sec. 11 of Knd. Sch. Act, 1869, from being interfered with by a Scheme under the Acts, unless with certain consents : — (9) Any endowment or part of an endowment, as the case may be, originally given "^ less than fifty years ■' before the commencement of the Act unless the Governing- Body assent to the Schonu;''; ' As to Chorister Schools generally see Chap. XI \'. " See as to this Act auprn, p. Ii7. •■• 33 & 34 Vict. c. 75. ■• See Robs v. Charity Comnirs., 1882, 7 A. C. 4fi3. ■■■ See Re Christ'.s Ho.spital, J88!», 15 A. C. 181 ; and A. G. u. Cliri.>ni), which erroneonsly refers to Sec. 2 as " Sec. 1." ' Most of this section was repealed by the S. L. R. Act of 1893 (.si/pro). ■• This paragraph was rcjjealed by the S. L. R. Act, 1893 (supi-a). ■■• PhiUimore, 2nd ed., Vol. 11„ pp. 1626 7. 60 STATUTORY ENACTMENTS AFFECTING SECONDARY SCHOOLS. (b) Miscellaneous Acts affecting the Seven " Public " Schools. Eton, Winchester, and Westminster were exempted from the Statute of Elizabeth i ; their Governors and Heads are required by Sec. 13 of 14 Car. 2 c. 4 to subscribe to the Thirty-nine Articles and the Book of Common Prayer - ; they enjoy the privilege of perpetual copyright in educational books in which they have acquired the copyright (15 Geo. III. c. 53) ; and they are exempted from Land Tax (see Chap. XL, Sec. (8)), from the Charitable Donations Registration Act, 181'2,-^ from the Bishops' Trusts Substitution Act, 1858,-i and from Part. 11. of the ^Mortmain and Charitable Uses Act, 1888.5 Eton and Winchester may contract for the redemption of Land Tax on livings under their patronage where they have not been redeemed by the incumbent, and may provide the necessary funds by sale of land or grant of a rent charge (Sees. 17 and 78 of Land Tax Kedemption Act, 1802,« and Sec. 12 of Land Tax Redemption Act, 1817''); and they are exempted from the Charitable Trusts Acts.*^ As to sales of benefices and advowsons, and as to severance, on such sales, of rights of patronage belonging to Eton and Winchester see the Ecclesiastical Commissioners Act, 1840,^ Sec. 69, as supplemented by the Universities and College Estates Act, 1860,^*^ Sees. 7 to 10. In certain cases sales, enfranchisement, exchanges, partitions, leases, and mortgages may be effected of Eton and Winchester lands under the Universities and College Estates Acts, 1858 to 1898.11 All the seven " Public" Schools, except Shrewsbmy, were included in the list of thirteen Schools exempted from the Grammar Schools 1 See Chap. IV., Sec. (4). - Cf. Sec. 16 of Roman Catholic Relief Act, 1829 (10 Geo. IV. c. 7). 3 See Chap. I., p. 3. ' See Chap. VIII., p. 121. s See Chap. IV. ** 42 Geo. III. c. 116. ' 57 Geo. III. c. 100. ^ See p. 38. 9 3 & 4 Vict. c. 113. "' 23 & 24 Vict. c. 59. " 21 & 22 Vict. c. 44 ; 23 & 24 Vict. c. 59 ; 43 & 44 Vict. c. 46 ; and HI & 62 Vict. c. 55. ENACTMENTS AFFECTING THE SEVEN "PUBLIC" SCHOOLS. 61 Act, 1840,1 and from the Endowed Schools Act, 1860,2 and ai-e expressly exempted from the Endowed Schools Acts, 1869 to 1874,-^ as well as from the Endowed Schools (Masters) Act, 1908.^ None of the great Public Schools, using that term in the ordinar}- sense, are eligible for Grants from the Board of Education or from Local Authorities, their fees being above the scale which entitles a School to such Grants.^ They may, however, become subject to the Regulations of the Board of Education in so far as- they seek to qualify for the Board's Certificates of Efficiency/' ' Supra, p. 29. 2 Supra, p. 4!). ■^ Supra, J). 50. '•See Chap. XII., Soc. (6). ■' Sofi Chap, v., Sc-c. (3). "^ See Chap. V. Soc. (5). 62 MORTMAIN AND CHARITABLE USES. CHAPTER lY. MORTMAIN AND CHARITABLE USES. (1) INTRODUCTORY. The assurance of personalty for charitable purposes is now unrestricted, subject only to the rule that Corporations Sole cannot, generally speaking, hold personalty in succession. ^ But with regard to the assurance of land "■ — (1) The Tjaw of Mortmain prevents the acquisition, except by licence or statutory authority, of land, whether for charitable purposes or not, by any Corporation ; (2) The law of assurances to charitable uses imposes certain restrictions and formalities in connection with the acquisition of land for charitable purposes, whether by a Corporation or individuals. These two branches of the law will be considered in turn. (2) MORTMAIN. Alienation in Mortmain (/« niortud mann) is an alienation of land to any Corporation.^ Legislation was, as far back as the feudal period, directed against such alienation, and had for its object the prevention of ' Grant on Corporations, p. 629. - As to the sanction of the Charity Commrs. [or Board of Edncation] being, in addition, necessary to the purchase of land by Charities see Chap. IX. ^ See as to Corporations generally Chap. II. MORTMAIN. 63 the accumulation of land in the hands of the great religious Corporations, the objections to such accumulation being that the lords were thereby deprived of certain rights incident to their seigniory, including services which would have enured to the benefit of the realm; and that the policy of free circulation of property was thwarted. The legalisation of alienation in Mortmain by means of licences was not, however, long in developing, and, for some considerable time before the passing of the Bill of Rights, 1688,^ such licences were granted by the Crown; but, as a result of that enactment, the Crown was deprived of its power to grant them, and, accordingly, the Mortmain Act, 1696,- was passed, which, after a recital pointing out, inter alia, the advantage to learning of founding and granting lands to Colleges or Schools, empowei'ed the King to grant licences to alien and acquire lands in Mortmain. The Law of ^lortmain is now consolidated in Part I. ( being Sees. 1 to 3) of the Mortmain and Charitable Uses Act, 1888.' Sec. 13 of that Act repeals certain Statutes then in force wlaTcby alienations in Moi'tmain were voidable ; and the effect of Sec. 1 is to restore the old law, which made such alienations void. Under that section, land may not be assured to or for the benefit of, or acquired by or on behalf of, any Corporation in Mortmain, without licence or statutory authority, on penalty of forfeiture to the Crown oi' to the mesne lords. Sec. 2 re-enacts the above- mentioned provisions of the Act of 1696, and Sees. 6, 8, and 12 enumerate the exemptions (see infra, p. 64) fiom the law. A general authority to hold land is granted to most large charitable institutions by their Charters or Acts of Parliament. The special licence which is otherwise necessary is gi-anted \)\ Letters Patent. In any case, a limit, ordinarily in value ' liut sometimes in acreage, to the land to be held by the institutiiju is specified. A definition of "laud,' for the puj'poses not only of the Law of Charitaljle U.ses but also of the Law of Mortmain, was trivcn ' 1 VV. and M. Sess. 2, c. 2. "^ 1 & H Wm. III., c. 37. * 51 & 52 Vict. c. 42. ^ Shelford on Mortmain. ])i). 40, H. 64 MORTMAIN AND CHARITABLE UvSES. in Sec. 10 of the Act of 1888 (see infra, p. 71). Sec. 3 of the Mortmain and Charitable Uses Act, 1891, ^ repealed that definition and substituted another for the purposes of both Acts (see infra, p. 72), Imt in both sections land was defined as including tenements and hereditaments " of any tenure." It was, however, stated b}- Wills, J., ill Trnro Corpn. v. Bmce, 1901, 2 K. B. 875, that the Laws of Mortmain had nothing to do with the granting of a short lease of fourteen yeai-s ; and Lord Denman. C.J., gave it as his opinion (notwithstanding various ancient decisions that long leases were within the Laws of Mortmain 2) in Tigers v. Bean, Sfc, of St. Paul's, 1849, 18 L. J., Q. B. 103, that there was nothing to prevent Corporations holding that which was not in itself perpetual. As to registration of transfers of land to Corporations undei- the Land Transfer Acts, 1875 and 1897,-^ see Land Transfer Rules, 1903. Rs. 144 and 146. (3) EXEMPTIONS FROM THE LAW OF MORTMAIN. Numerous exemptions under which land might be held in Mortmain without licence were in existence before the Act of 1888 (supra) by virtue of Acts of Parliament, Charters of Incorporation, and custom; and the Act of 1888, by Sees. 6 and 8 (both in Pt. III. of the Act), and Sec. 12, either specifically or in general terms, preserved such exemptions, as well as existing licences. The following is an enumeration of the principal exemptions now in force which affect or may affect Secondary Schools : — (1) By the custom of London, citizens of London may, without licence, devise lands in the City of London in Mortmain (Middleton v. Cater, 1793, 4 Bro. C. C. 409). 1 54 & 55 Vict. c. 73. - See Shelford on Mortmain, p. 9 ; and Tudor, 4th ed. }). 429. •* See as to the Acts Chap. X., Sec. (3) ; and cf. p. 74. EXEMPTIONS FROM THE LAW OF MORTMAIN. 65 (2) Under Sec. 35 of C. T. A. Act, 1855. Incorporated Charities and Trustees of a Charity, whetlier incor- porated or not, may, without licence, invest in land money arising from the sale, exchange, or partition of land. (3) Under Sec. 27 of C. T. Act, 1853, and Sec. 4-1 of C. T. A. Act, 1855, Incorporated Trustees of a Charity may, without licence, purchase sites for the erection of a house or building, with or without garden, playground, or other appurtenances, from owners under disability and others, according to the provisions of the Lands Clauses Act, 1845.1 (4) Under Sec. 1 of the Charitable Trustees Incorporation Act, 1872, Trustees of Charities for {inter alia) educational or public charitable purposes incorporated under the Act (.see p. 12) may, without licence, acquire land. (5) Under Sec. 18 of the Companies Act, 1862,- Joint Stock Companies registered umlei' the Companies Acts, 1862 to 1907. become, apon registration, Corporations " witli power to hold lands" (which includes the taking of a lease of lands'^), but under Sec. 21 of the Companies Act, 1862," Joint Stock Companies formed for pro- moting Art, Science, Religion, Charity, or other like object, not involving the acquisition of gain, may not hold more than two acres of land without the sanction of the Board of Trade, who riuiy. Iiowever, license any such Company to hold hinds mi any quantity and subject to any condiliun. Thi' fdnn of sucli licence is given in Sched. Ih (!•'.) to the Act, and niay, semble, like a licence in Murlniain (cf. snpra, \). 63), be in general terms without specifying tlic particnlai- land. In tliis conin'ct inn Sec 23 of the Com|)anies Act, 1867,' ' 8 & 9 Vict. c. 18. = 25 & 26 Vict. c. 89. ■' P'awcefct on Lninllord ;iiid 'rciinnt, 3ril cd., p. ;{(). ■* The section is set out in full in Cliap. II., p. [0. 66 MORTMAIN AND CHARITABLE USES. should be borne in mind. It empowers associations formed under the Companies Acts for {inter alia) charitable purposes to dispense with the word " Limited," and to escape the obligation to send a list of its members, &c., to the Registrar. It will be observed that a Company registered under the Companies Acts, but formed for promoting objects not involving the acquisition of gain, will, in the acquisition of land, be subject not merely to the formalities of the Charitable Trusts Acts,i but also to the above-mentioned requirements of Sec. 21 of the Companies Act, 1862. (6) Under Sec. 5 of the Public Schools Act, 1868,2 and Sec. 2 of the Public Schools Act, 1869,-5 the Governing Bodies of Eton, Winchester. Westminster, Charterhouse, Harrow, Rugby, and Shrewsbury Schools may hold land for the purposes of their Schools without licence of Mortmain. (7) The School Sites Acts, 1841,^ 1844,^ 1849,^ 1851,' and 1852,'^ provide certain facilities for assurance of land to Corporations and others, for Schools for poor persons and others. The Acts extend to Scotland. The following is a summary of the principal provisions : — (a) A site not exceeding one acre for a School and the Master's residence, or sites not exceeding in all one acre in the same parish, may be gi-anted. by way of gift, sale, or exchange, in fee simple or for a term of years, for a School for the education of poor persons or for the residence of the School- master, or otherwise for the education of such 1 See Chap. IX. " 31 & 32 Vict. c. 118, see Chap. III. '■' 32 & 33 Vict. c. 58, see Chap. III. ^ 4 & 5 Vict. c. 38. S7&8 Vict. 0.37 « 12 & 13 Vict. c. 49. ^ 14 & 15 Vict. c. 24. s 15 & 16 Vict. c. 49. EXEMPTIONS FROM THE LAW OF MORTMAIN. 67 poor persons in religions and iiseful knowledge, by any pei'son seised in fee simple, fee tail, or (if the person next entitled in remainder l)e a conveying party) for life, and baying the beneficial interest, to any parties. ^ If a ])erson is only equitably entitled, he can conyey without Trustees - ; and land of mai^ried women, infants, and lunatics may be conveyed by others on their behalf 2; (h) Land, restricted in (juantity as in (a), may be granted " for the jnirposes of " the Act of 1841, by Corporations, including Ecclesiastical Corpora- tions, and ])v Officers, Justices of the Peace, Trustees, or Commissionex^s holding land for ))ublic or other purposes, to any parties '^ ; (c) Land [in any (juantityj may be granted, upon sucli terms as it shall tliink Ht, '" for the purposes of the Act " of 1841, l)y the Duchy of Lancaster to the Trustees of a School ^; (d) Land oi- buildings, or any interest thei'ein, nuiy be granted, to take effect undei- the authority of the Act of 1841, oi- under other authority of law, for the educatiiiii oi" poor pci-sons, to Corporations (including Ministers, Churchwardens, and Chapel wardens) iind Trustees-^ ; (e) Estates in land of any fpiantity may be granted, to be Ix'hl U|)on cliaritaljlc uses, including' (lif ('(Incafion of poor persons, by al)S()lute owners who are enfitlcil to grant hind for cliar-itablc pni-jjoses " ; ' Sees. 2, 9, 10, and 20 of Act of Is II ; Sec. 3 of .\iic!il Aulliorii iub jiobrCB^ Dtlitiwi.si^ lliau under the Edncation Acts to acquire land see Chap. VI., p. 103, n. 1. - 33 & :H Vict. c. 34. ■' '^7 Hc-n. VII I. e. 1<). ^ 43 Eliz. c. 4. '111.' Act did not extend to Westminster, Eton, or Winchester. ^/ ^ For the definitions of Charity under the C. T. Acts see Chap. Ill 70 MORTMAIN AND CHARITABLE USES. the Act of 9 Geo. II. c. 36 (commonly known as the Statute of Mortmain, although aimed only at charitable uses) was passed. The Act attached various conditions to assurances inter vivos of land and personalty to charitable uses, and, in effect, extinguished the power previously enjoyed of disposing by Will of land (of whatever tenure) to charitable uses, the exercise of which had frequently resulted in a person being induced on his death-bed to leave his land away from the family (see A. G. v. Day, 1748, 1 Ves. S. 223). The Act of 9 Geo. II. c. 36, was amended by various Statutes which did not materially affect its provisions, but it and the amending Statutes were repealed and, in substance, re-enacted, by the Mortmain and Charitable Uses Act, 1888,i which, as previously stated, also consolidated the Law of Mortmain. That portion of the Act of 1888 which re-enacted the provisions of 9 Geo. II. c. 36, consisted of Part II. (being Sees. 4 and 5) of the Act, and provided that assurances (i.e. whether iyiter vivos or by Will ~) of (1) Land, or (2) Personalty directed to be laid out in the purchase of land to or for the benefit of any charitable use should be void unless they complied with certain conditions (Sec. 4 (1)). Those conditions were such as to preclude gifts by Will, and, consequently, a gift by Will of land, or personalty directed to be laid out in the purchase of land, was void ; but an assurance inter vivos of the same kind of property was valid, provided that the conditions in question, which were as follows, were observed : — (1) It was to take effect in immediate possession (Sec. 4 (2)) ; (2) It was to be irrevocable, and without reservation, condition, or provision for the benefit of the assuror (Sec. 4 (3) and (4)) ; ' 51 & 52 Vict. c. 42. - Sec. 10 (1) or the Act of 1888. ASSURANCES TO CHARITABLE USES. 71 (3) It was to be by deed, attested by two witnesses, unless it was of land of copyhold or customary tenure or of stock in the public funds (Sec. 4 {6)\ ; (4) It. or the separate instrument (if any) declaring the uses,^ was to be enrolled within six months after execution of the assurance, unless it was of stock in the public funds (Sec. 4 (9)) ; but failure to comply with this requirement could in certain cases be remedied subsequently (Sec. 5) ; (5) If it was not for full and valuable consideration (as to which see Sec. 4 (5)), it was to be executed at least twelve months before the death of the assuror, unless it was of stock in the public funds (Sec. 4 (7)), in which case it was to be transferred in the public books at least six months before the death of the assuror (Sec. 4 (8)). Tlie Act of 9 Geo. 1\. c. 36, while contaiuiiiy no actual definition of " land," was directed {inter alia) at alienation of '* lands or of any estate or interest therein." In Sec. 10 (3) of the Act of 1888, land was defined for the purposes of both Part I. (Mortmain) and Part 11. (Charitable Uses) of the Act as including " tenements and hereditaments .... of whatsoever tenure and any estate and interest in land." "Estate and interest in land " was, under a series of decisions by the Courts, held to extend to money, including legacies, secured on land, and to othei- personal estate arising h'om or connected with land, including legacies payable out of land devised (whether specifically oi' by way of lesidue) upon trust for conversion. Such money and personal estate became known as "impure person. (if) rt xcq.). •'Sec. 2 of the Act of 1907 («iti».) amending Sec. J of School 'irants Act, 1855 (18 tor which Avere, however, after 1902, puhlished separately iioin the regulations for Secondary Day Schools). In 1904 the system under wliich t!ie grant to a Secondary School was made substantially dependent on the Science and Art tcairhing in the School was abandoned, and the " Regulations foi- Secondary Schools" have since jirovided for grants- being made in respect of the cun-iculum as a whole. Tlir Science curriculum of "A" Schools is, however, preserved under the title of '' Speinal Classes ill Secondary Schools, and sj)eciai chisses are allowed also in subjects othei- than Science. No furthei- '■ A " Schools iire now recognised, and the terms "A" :ind - \\" in connection witli Secondary Schools have been dropjied. Art Schools and Classes and Science Classes arc now iuchnled in the " Regulations for Technical Schools, Schools of Art. t'kc.." und |Mi|.iis of a Secondiirv School taking its general curi-ieiiluni li.ive no sepuratc I'ecognit ion as forming Art Classes or Science Classes (see infra, p. 8(J). ' The term "Day Rdiool.s " was iisorl hi these ReRulatinns in fUstinctioii irom " Evening SciiooU," and inclinhHl iJojinling Schools. - To Welsh Schools (r/. s"p., p. HO) us well as English. •'Art. U. 82 THE BOARD OF EDUCATION. (3) REGULATIONS FOR SECONDARY SCHOOLS. The Regulations for Secondary Schools are issued separately for England and Wales,^ but apart from references to the teaching of Welsh and to the Welsh Interm. Education Act, 1889 (see Chap. III.), in the Welsh Regulations, the two issues are practically identical and references in this work to the " Board of Education Regulations " must be understood to refer to both issues. Appendix II. of this book sets out the English Regulations in full, with notes as to the Welsh deviations. The following is an enumeration of the heads of the regulations for England, with references to the principal passages in this book where the various articles are further dealt with.^ Curricuhim and Organisation. References to Chapters, Ac, p^Yt of this Book. 1. Definition of Secondary Schools [Age range, 12 to 16 or 17] — 2. («) Length of School Life [4 years]. Leaving age [16 and over] — (/)) Special provision for Rural Schools [3 years] ; [15 and over] ..-.-- 3. Schools with more than one Department - - — 4. Curriculum and Time Table ... - XIII. 5. *Denominational Religious Instrnction - - I/i/ra, p. 84, & XIV. 6. Subjects to be comprised in Curriculum - - XIII. 7. Physical and Manual Instruction and Singing - — 8. Omission of Languages other than English - — 9. Varied Curriculum in certain cases - - - Supra, p. 81. 10. Special Provision for Girls [Housewifery] - — 11. External Examinations . - . . - XIII. 12. Duration of School Session [36 weeks]. [Notifi- cation of closure for infection, &c.] - - — * As to Schools being entitled only to a reduced Grant if the require- ments in this Article are not observed see infra, p. 84. ' Monmouthshire comes under the Regulations for Wales. ■ These heads, except the words in [ ], are taken from the Table of Contents which precedes the Regulations. REGULATIONS FOR SECONDARY SCHOOLS. 83 Teacllinq Staff. References to Chapters, &c., Xn. of this book. 13. (a) Adequacy of Staff [Number and qualifica- tions] -------- XII. (6) Limit to size of Classes . . - - XII. 14. Extraneous duties ...--- XII. 15. Requirements as to training - - - - XII. 16. Salaries ...-.--- XII. Admission and Fees. 17. Admission of pupils ------ XIIT. 18. Conscience Clause for (n) Day Scholars - - XIV. *Conscience Clause for (b) Boarders - - - Infra, p. 84, & XIV. 19. Fees [Scale ; cf. Art. 27] /"/'", P- 85, & XIII. 20. *Provision of Free Places for Scholars from Public Elementary Schools Infra, p. 84, & XIll. 21. Records of Admission, Attendance, Ac. - - X. Management . 22. System of Management [Scheme, &c.] - - H- 23.*tRestrictions on Denominational Character of Governors and Staff ... - - Infra, p. 84, & XIV. 24.*tRepresentative Character of Governing Body - Infra, p. 84, & VI. 25. Re(juirements as to inspections and production of [accounts and] documents - - - Infra, p. 87, & X. 26. School Correspondent — General Conditions. 27. General Conditions of eligibility for recognition [Competition, Scale of Fees, Inspection, and Examination] Infra, pp. 85, 86, 87, 88 ; & XIII. 28. School not to bo conducted for jjrivate profit - Infra, p. 85. 20. Premises and Equipment - .... IX. 30. Application for recognition [Date, Local Con- siderations, and Consultation of Local P]ducation .\uthority by Board] - - — '.'A. Minimum number of ])upils [20 over 12 years of J'Kf] ~ 32. Submission of CnrriruluTii for njiprova) - - — 33. Time Table — 34 Accounts and Returns .... - X. 35. School Year [Ist August to 31st July] . - — * Ah to Schools being entitled only to ii reduced Grant if tlie re(|iiirc- ments in this Article are not observed see iufra, p. 84. t As to waiver of the requirements in this Article see infra, ]>. f^l. 84 THE BOARD OF EDUCATION. Art. (rrants. Refereuces to Chapters, &c., of this book. 36. Grants [on higher scale] Infra, p. 84. 37. Registers of Attendance X. 38. Method of Assessing Grant - - . - — 39. Special augmentation of Grant - - - - — 40. Minimum Grant ------- — 41. [Cancelled]. 42. Grants [on lower scale] to Schools not fulfilling certain requirements [see Articles mai-ked *]. Infra, p. 84. 43. Waiver of certain of these re(|nirements [see Articles marked f] Infra, ]^. 84. 44. Provision for Schools closing or ceasing to be eligible for Grants ----- — 45. [Cancelled]. 46. [Cancelled]. 47. Instalment of Grant ------ — 48. Discretionary power of the Board [as to Grants] — 49. [Cancelled]. List of Efficient Secondary Sclwola. [Whether Grant-earning or not and whether Endowed or not]. 50. Application -------- — 51. Inspection - Infra, p. 88. 52. Report [by Board on efficiency] - - - Infra, p. 88. 53. Schools included in List without application - Infra, p. 88. 54. Continuance and withdrawal of recognition - Infra, p. 88. Appendix. Rules with regard to Fees and Free Places Infra, p. 85; & XIII. The 1907 i.s.sue of the Regulations instituted the now existing- two scales of Grants (Arts. 36 and 42). The lower scale works out at much the same figure as the scale which was in force for the years 1904-5, 1905-6. and 1906-7. It is confined to Schools whicli were on the 1906-7 Grant List and which observed for 1907-8 all the Regulations excepting one or more of those contained in Articles 5, 18 (6), 20, 23, and 24. The higher scale is applied to Schools which observe all the Regulations. But Schools in whose favour the requirements of Articles 23 and 24 have been specially waived, provided such waiver was made for 1907-8 and not expressly limited to that yeaj', are entitled to the higher scale REGULATIONS FOR SECONDARY SCHOOLS. 85 if they otherwise conform to the Regulations. After 3 908-9 thcie is to be no new Avaiver and any old waiver will apparently be liable to be discontinued. All the Articles apply to Schools qualifying for Grants : but Articles 50 to 54 apply only to Schools qualifying foi- Certificates of Efficiency. Certificates of Efficiency are open to Schools which cannot, or will not, conform to the requirements of Articles 1 to 49, such as Private Schools, Proprietary Schools (including Company Schools which distribute dividends^), and the great Public Schools where the fees are high. In connection with fees and ])i'()fits. attention may here be called to the following provisions. Art. 27 states (i/ztur dh'a) that a School must be eligible from its character, financial position, and scale of fees. . if any, to receive aid from public funds. Tlie Board have not definitely stated what scale of fees must not be exceeded if Cri'ants are to be eai-ned. but tuition fees averaging- over £20 }).a. would ])robably render a School ineligible for Grants. Ai-t. 19 and the Appcndi.x provide for a scale of fees to be approved by the Board, and include stipulations as to theii- variation accoi-ding to age and to the subjects of instruction which they cover (See Chap. XIII.. Sec. (1), (b)). Art. 28 requires that a School should not !»(■ (•(mducted for jii'ivate prt)lil or ("armed out to the Head Master.' ' Witli rf'panl to jn-ivjitf ])rotit, a Mnmoraiidiim (Form S<>5) was issued by tlie FUianl in .\pril, I90o, statin^,' that tlu- following,' rcyhich deal with inspection see infra, pp. 87, 88. Art. 27 provides {inter alia) that a School must not compete unduly with a neighbouring School. For further references to Arts. 4, 5, 6, 11, 13 to 25, 27, 29, 34, and 37 see the chapters referred to at pp. 82 to 84. I (i) REGULATIONS INCIDENTALLY AFFECTING SECONDARY SCHOOLS. (a) Regulations for Technical Schools, Schools of Art, &c. A Secondary School may include departments or classes which are " Art Classes," or which are " Day Technical Classes." Parliamentary Grrants are payable to the School in respect of the pupils in such classes (provided the pupils are distinct from those taking the ordinary curriculum of the School) under the above Regulations. (b) Regulations for the Training of Teachers for Secondary Schools. Under these Regulations a department of a Secondary School may be recognised as a Training College and earn a Grant as such, but the students, in addition to the theoretical training provided by the Training College, must receive a practical training in a Secondary School (see Chap. VIII.). (c) Regulations for the Preliminary Education of Elementary School Teachers.' In connection with the training of teachers for public elementary schools, a Secondary School may receive Pupil Teachers (as a " Pupil Teacher Centre" or otherwise). Bursars, and Student Teachers under the above Regulations. The provisions thereof and the question of Grants in connection therewith are discussed in Chap. XIII. ' There are separate but practically identical issues of these Regulations for England and Wales (including Monmouthshire) respectively. INSPECTION. 87 (5) INSPECTION. The following is an enumeration of the various kinds of inspection conducted by the Board of Education, some of which have been referred to in the preceding portion of this chapter^ : — (1) Foi- purposes of framing or altering a Scheme under the C. T. Acts or End. Sch. Acts, a preliminary inspection, administrative and educational, may be necessary (See Chap. III. ; and cf. Art. 53, infra, p. 88). (2) When a Scheme for a School has been established under the End. Sch. Acts, there is no further power undei' those Acts to inspect the School ; but the inquisitorial powers conferred by the C. T. Acts permit of administrative inspection at any time {ibid.). (^) Inspection (free of chai-ge) of premises and instruction is always one of the conditions of Parliamentary Grants, whether to Secondary Schools, Art Classes, Technical Classes, Pupil Teacher Centres, or Training Colleges (see sjtp., p. S6). (4) Inspection (free of charge) of premises and instruction is a necessary pi-eliminarj- to the Certificate of Efficiency which is obtainable by Secondaiy Schools whether qualified for a Parliamentary Grant or not, and whether endowed or not (see sup., p. 85). ('5) Inspection (for which a charge is made) of health and instruction may be held under Sec. 3 (1) of the Board of Educatitjn Act. 1899. of any School which voluntarily applies for it. This form of inspection is discussed supra, pp. 77, 78. The following are the Articles in the Regulations for Secondary Schools dealing with the inspection above referred to under C^) and (4) :— (a) As tn Grant -earning Schools. Ai-I. 25. A nioetiiifr of tlie Governing Body, of which sufficient notice will bo given, must be held, if required, when the School is inspected [see Art. 51, ivfru'\, and the accounts and any other papers ' As to inspection by Local Authorities sec Chap. VI. 88 THE BOARD OF EDUCATION. necessary for inquiry into the control and conduct of the School must be produced when required by the Board or by an Inspector of the Board. Art. 27. The School .... must be open at all times to inspection by the Bnai'd. (?>) As to Schools, whether (Jr ant -earning or not. and ivhether endotced or not. Art. 51. The Board will determine the efficiency of the School by inspection, and must be satisfied tJiat the School has an adequate staff, provides a suitable curriculum and efficient instruction, and possesses adequate premises and equipment. The inspection will be an inspection of both premises and instruction. The former will include sanitary arrangements, provision for recreation, and arrangements for the boarding of teachers and pupils. The latter will deal with all the subjects comprised in the curriculum of the School. The inspection will be_ without charge. Art. 52. The Report of the Inspectors on the efficiency of the School at the time of inspection will be sent to the Head Master or Head Mistress of the School, to the persons responsible for its management if other than the Head Master or Head Mistress, and also to the Local Education Authority, but not for ptiblication by the Authority without consent of the body or persons responsible for conducting the School. The Report, if published, must be published in its entirety. Art. 53. The list of efficient Secondary Schools will also inclur.e Schools on the Grant List and Schools inspected by the Board in the exercise of their jurisdiction under the Charitable Trusts Acts and found to be efficient within the meaning of Article 51. Art. 54. A School may be removed from the list of efficient Secondary Schools at any time at the discretion of the Board, and its continuance on the list will depend on the results of such further inspections as the Board may from time to time hold. So long as the School is on the list it must be open at all reasonable times to inspection by the Board, and must make such returns to the Board as the Board may from time to time require. It may liei-e be noted that Sees. 1 and 2 of the School Sites Act, 1844, made special provision for seciiring the inspection of (a) Schools for the poor within tlie School Sites Acts which have received Parliamentary Grants for purchases of sites or for the erection, enlargement, or repair of the Schools, or of the residences of the Head Masters thereof, or for furnishing the Schools ; and of (b) Endowed Schools for the poor which have received Parliamentary Grants for rebuilding, repairing, or enlarging the Schools, or the residences of the Head Masters, or for furnishing the Schools. As to the School Sites Acts genei-ally see p. 66. LOCAL AUTHORITIES. 89 CHAPTER YT. LOCAL AUTHORITIES IN THEIR RELATION TO SECONDARY SCHOOLS. (1) INTRODUCTORY. Tlie relations of Local Autliurities to Scliools aribe uiainly out of the powers vested in such Authorities in matters affecting the health,, safety, housing, and education of tlie community. liroadly .speaking, local control of the matters in ([uestion is regulated by two distinct groups of Statutes, the first consisting of Local Government Acts, Public Health Acts, and IJuilding Acts; and the second of Education Acts. Of the numci'oiis bodies included in the term "Local Authority" the most important in tlie present connection, and those coming most directly into touch with Schools, are County (including County Borough) Councils, lioi-ough Councils, and District Councils (Urban and Rui-al). Horough Councils are the creation of the Municipal Corporation Act, 1882^ (see Sec. 10), which empowered a Municipal Corporation to act by the Coun(;il of tlic l>orouL;li. County (including County lioroughj Ctninciis were created l)y tlie Local Covernment Act, 1888 ^ (see Sees. 1 and .54(1)), wliicli confei-red on them the administrative and linaiicial business of counties, and t raiislciiiMl to tiicin certain juiisdict ion over nuiin I'oads and sewers, as well as varif)us powei-s connected with the regulation of Imildings and sanitaiy matters. 'I'he Act extends to Loudon. A Municipal Corporation or C'ouncil is oithei' (a) a County Borough Council, or (//) a l^oi-ough Coi-poral ion oi- Council. ' 45 & 46 Vict. c. r,(». ' .")1 .V r)2 Vict. c. 11. 90 LOCAL AUTHORITIES. The Public Health Act, 18751 (Sec. 5) divided England, other than the Metropolis, into Urban and Rural Sanitary Districts. Some Urban Districts are Boroughs. Urban and Rural District Councils are the creation of the fjocal Government Act, 1894,- the fornaer as transferees (Sec. 21) of the functions of the old Urban Sanitaiy Authorities (whethei* Borough Councillors, Local Boards of Health, or otherwise ; see Sec. 6 of P. H. Act, 18751), and the latter as transferees (Sec. 25) of the functions of Rural Sanitary and Highway Authorities, but with certain additional functions. The Sanitary Authorities for London were called into being by the Metropolis Management Act, 1855,'" and consist, variously, of the Corporation of the City (as successors to the Commissioners of Sewers !■), Vestries of large parishes. District Boards of groups of smallei- parishes, and, in certain localities, Boards of Guardians. The jurisdiction of Local Authorities under the Public Health and Building Acts is dealt with in the next section of this chapter. Jurisdiction in educational matters was conferred on County (including County Borough) Councils, Borough Councils, and Urban District Councils by the Education Acts, 1902, 1903 (London), and 1907 (infra, p. 95) ; but, befoi-e those Acts, Local Authorities liad been brought into touch wdth Secondary Schools, incidentally, in various other ways (^infra, p. 108). (2) POWERS OF LOCAL AUTHORITIES UNDER THE PUBLIC HEALTH ACTS AND BUILDING ACTS. (a) Public Health Acts and Building Acts generally. The jurisdiction of Local Authorities in respect of buildings (permanent or temporary) and sanitary matters is conferred on them by a variety of Acts and Regulations thereunder. The Acts fall into two divisions — the one dealine' with London, and the 1 38 & 39 Vict. c. 5.5. 2 55 & 57 vict. c. 73. •' 18 & 19 Vict. c. 120. •• See 60 & 61 Vict. c. cxxxiii. POWERS UNDER PUBLIC HEALTH ACTS AND BUILDING ACTS. 91 other with the country at large, exclusive, as a general rule, of London. Scotland, and Ireland. ^ Appended is an enumeration of the mo.st important, for present purposes, of these Acts. The London Acts confer much the same powers in sanitary matters as the general Acts. London Acts. The Metro])olitan Pavinc Act ('' Michael Angelo Taylor's Act"), 1817.- The Metropolis Management Act, 1855.'' The Metropolis ^lanagement Amendment Act, 185(5.' The Metropolis Management Amendment Act, 18H2.-'' The Metropolis Management and Building Acts Amendment Act, 1878.« The Metropolis Management Act, 1862, Amendment Act, 1890.' The London Council (General Powers) Act, 1890.*^ The Public Health (London) Act. 1891.'' The London County Council (General Powers) Act, 1893.'" Tlic London County Council (General Powers) Act, 1894." The London Building Act, 1894.12 The London Building Act, 1894 (Amendment) Act, 1898.''' The London Building Acts (Amendment) Act. 1905.14 Otheu Acts. The Town Imjuovement Clauses Act, 18471'' [an adoptive Act]. The Town Police Clauses Act, 1847 i« [an adoptive Act]. The Public Health Act, 1875.1' The J^iblir Flc;.ltli (-Water) Act, 1878.1« ' There are numerous Scotch and Irish Local Government Acts. ■- 57 Goo. III. c. x.\i.\. ■■ 18 & 19 Vict. c. I2(). ^ 19 & 20 Vict. c. 112. * 25 & 26 Vict. c. 102. * 41 & 42 Vict. c. :!2, ' 53 & 54 Vict. c. 54. " 53 & .54 Vict. c. ccxliii. » i34 & 55 Vict. c. 76. '" 56 & 57 Vict. r. ccxxi. " 57 & 58 Vict. c. ccxii. '" 57 & 58 Vict. c. ccxiii. ; c/. j.. 92, n. 12. '•' 01 & 62 Vict. c. cxxxvii. "5Edw. VII. c. ccix. 'MO & 1 1 Vict. c. 34, sne i». 92, andc/. p. 92, n. 12. ""' JjO & 11 Vict. c. 89; SCO p. 92. '' 38 & 39 Vict. c. 55. ^'^ 41 & 42 Vict. c. 25. 92 LOCAL AUTHORITIES. The Public Health (Buildings in Streets) Act, 1888.^ Tlie Local Government Act, 1888.'- The Infectious Disease (Notification) Act, 1889'^ [an adoptive Act]. The Infectious Disease (Prevention) Act, 1890* [an adoptive Act] . The Public Health Act Amendment Act, 1890'' [an adoptive Act]. The Private Street Works Act, 1892 (^ [an adoptive Act]. The Local Government Act. 1894.'' The Public Health Act, 1896.« The Infectious Disease (Notification) Extension Act. 1899.-' The Public Health Acts Amendment Act, 1907.10 Certain provisions in the Acts of 1847 are incorporated in the Public Health Act, 1875. The Acts above enumerated and the Regulations thereunder deal {inter alia) with the following subjects : — Air Space, Cesspools, Chapels,!" I'^i' Dairies, Drains, Earth -closets. Egress,!"^ Epidemics, Fire Precautions, Floors, Footways, Galleries, Health, Hearths, Highways, Hoardings, Houses, ^^ Infection, Ingress, ^^ Lecture Rooms, Line of Buildings, Nuisances, Obstructions, Pavements, Paving of Yards, Platforms, Projections, Public Buildings and Places of Assembly,!- ^■'- !+ Removal of Refuse, Roofs, School Buildings,ii ^'^ Sewers, Staircases, Streets, Traffic, Urinals, Ventilation, ^-'^ Water- closets, and Water Supply. As to Dramatic, &:c.. Performances in Schools see Chap. X. 1 51 & 52 Vict. c. 52. - 51 & 52 Vict. c. 41. » 52 & 53 vict. c. 72; see p. 94. " 53 & 54 Viut, c. 34. ^ 53 & 54 Vict. c. 59. ^ 55 & 56 Vict. c. 57. ' 56 & 57 Vict. c. 73. ■* 59 & 60 Vict. c. 19. " 62 & 63 Vict. c. 8 ; see p. 94. '" 7 Edw. VII. c. 53. " In Sec. 4 of Public Health Act, 1lace of assembly . . . ." '•' Sec. 10 of Town Improvement Clauses Act, 1847, deals with ventilation of buildings used as " a chapel, or school, or a place of public .... entertain- ment . . . ." '■' Sec.'Se of Public Health Act Amendment Act, 1890, deals with ingress and ogress in respect of " . . . . chapels, .... jniblic halls, concert rooms, .... and any place of j)ublic assembly . . . . " POWERS UXDEK PL'BLIC HEALTH ACTS AND BUILDING ACTS. 93 (b) Infectious Diseases.' Sees. 120 to ISO of the Piihlie Health Act. 1875.' deal generallj with provision against infection. Under Sec. 126 infectious persons e.xiposing themselves in public places or entering public conveyances, and persons exposing infected bediling or clotliing, are liable to ])enalties : and nnder Sec. 128 persons letting infected rooms are similarly liable. Under Sec. 7 of tlie Infectious Disease (Prevention) Act, 1890'^ [an adoptive Act], persons ceasing to occupy infected houses have, in certaiji events, to disinfect them ])reviously or give notice to the owners, under penalties. Sec. 57 of the Public Healtli Acts Amenduient Act. 1907 ^ (of which Sees. 52 to 68 deal with infectious diseases), enacts that no child who is oi; has been suffering fidin iiiFeetious disease shall be allowed to attend School without the pei-niission of the Medical Officer of the Local .\nthorit\-. Under Sec. 58 the School Authorities may be required i)y the Local Authdi-ify to furnish a list of all the pi]])ils where any pnjtil is suffering from an infeetious disease. Where a Puitlic Llementary School was closed by a Local Authority for infection, undei- the Reguhitions of the Annual Code, it was held that the authority to close being given by the Code, and not liy the P. H. Act, LS75, no compensation cf)uld l)e claimed by the nnistei- under Sec. o08 for loss of School fees (Hnherts v. Falmouth Sanitary Aiillioritij, 1888, 52. .1. 1'. .84). Under Sees. 1:30 and LU of Tubli.- Health .Vet, 1875 {snp.), as amended by See. 1 of I'uMic Health Act, 1896,' the Local Government Board ai"e empowered to make regulations lor the treatment of jx-rsons affeetcij with e|)i(icniic, cndcniic, or inftictious ' As to School Regulations in i-cspcci of Infectious Diseases see (Mmp. X I II . 2 38 A- 39 Viot. c. 55. ^ .",3 S; '>i Vict. c. 3].. •' 7 E(l\v. VII. c. ."»3. Sees. 1 to 14 of the Act extenil Teacher Centres" (1U07). -51 & 52 Vict. c. 41. ='38 & 39 Vict. c. 55. 1Q2 LOCAL AUTHORITIES. Government Departments subject to confirmation by Parliament, and are required (inter alia) for purchase of land compulsorily. Provisional Orders under the Act of 1902 arise under Sec. 17 (7) in reference to Schemes for the formation of Education Committees (see sup., p. 100). Provisional Orders are made by the Board in connection with the compulsory acquisition of land under Sec. 1 (1) of the Act of 1907 (mfra). (j) Purchase, Appropriation, and Disposition of Land by Councils. The following provisions of the Education Act, 1907, deal with the above subject : — Sec. 1 (1)— A Local Education Authority shall have the same power, exercise- able in the same manner, and subject to the same provisions, for the purchase of land, either compulsorilj' ' or by agreement for the pm-poses of Part II. [Higher Education] of the Education Act, 1902, as tliey have under the Education Acts for the purposes of Part III. [Elementary Education] of that Act," but the powers given bj' this section shall be in addition to and not in derogation of any other powers •* for the purpose possessed by the Authority. (2)- A Local Education Authority may — (i.) Appropriate,'' with the consent of the Board of Education, for the purpose of Part II. of the Education Act, 1902, anj- land acquired ' It has been held that the ordinary noise of children outside a public elementary school may be taken into consideration in assessing the compensation to be paid to the owner of property adjoining land compulsorily purchased for the erection of such a school (R. v. Pearce, Ex p. London School Board, 1898, 67 L. J., Q. B. 842). •^ See Sees. 19tind 20 of Elem. Education Act, 1870 (33 & 34 Vict. c. 75). •' As to "other powers" cf. p. 103, n. 1. •» Cf. Sec. 95 of the Public Health Acts Amendment Act, 1907 (7 Edw. VII. c. 53), which enables land acquired by a Local Authority for one purpose to be appropriated for another. Apart from the legislation in that Act and Sec. 1 (3) of the Education Act, 1907 (p. 103), land acquired by a Local Authority for a special purpose might not be applied or authorised by the Local Goverumeut Board to be applied by the Local Authority permanentlv for an entirelv different purpose (A. G. v. Teddington U.D.C., 1898, 1 Ch. 66;'A. G. v. Hanwell U.D.C., 1900, 2 Ch. 377 ; A. G. v. Pontypridd U.D.C., 1905, 2 Ch. 441). POWERS AND DUTIES UNDER THE EDUCATION ACTS. 108 (3)- by them for the purposes of Part III. of tlie Education Act, 1902. or takeu over by them under that Act as successors of a School Board ; and (ii.) Appropriate, with the consent of the Board of Education, for the l)virposes of Part III. of the Education Act, 1902, any land acquired by them for the purpose of Part II. of the Education Act, 1902, either under that Act or for similar puri)oses under any Act repealed by that Act; and (iii.) Appropriate, -with the consent of and after inquiry by the Local Government Board, for any of the purposes of the Education Acts, any land acquired by them otherwise than in their capacity as Local Education Authority.' The Council of a Non-county Borou/r«, pp. KKi, KiT. * Cf. svprii, p. ii" ; and Bciiird of PDducation Rf])ort for lOOf) ]{>()(]. 106 LOCAL AUTHORITIES. . Scheme or trust deed of the institution imposing any limit on the number of the members of the Governing Body, or i^equiring* any qualification for those members, shall not apply as respects such Governors ; and the effect of this enactment is that the London County Council can secure a majority representative of themselves on any Governing Body without the necessity of altering any existing Scheme. (c) Board of Education Regulations for Secondary Schools. Art. .24 makes it a condition of grant ^ that a majority of the Governing Body shall be i-epresentative of the Local Authorities therein specified. The text of the Article is as' follows: — The Governing Body of the School, where it is not a Local Education Authority or a Committee of a Local Education Authority,. must contain a majority of representative Governors : provided that if any authority or constitiiency abstains from exercising or fails to exercise any power of appointment or election exerciseable by it, and by reason only of such abstention or failure the Governing Body does not contain a majority of representative Governors, the Scliool may nevertheless be regarded as complying with this Regulation.' Tn this Article (1) "Representative Governor" means a member appointed on the Governing Body by a Local Authority or by a popular con- stituency, and any Member of Parliament, Mayor, Chaii-man or Vice-Chairman of any local authority or popular constituency who is, by vii-tue of his office, a member of the Governing Body. (2) " Local Authority " includes the Council of any County, Borough, Urban or Rural District or Parish, any Committee constitvited under Sec. 17 of the Education Act, 1902, and any Board of Guardians. (3) "Popular Constituency" includes any Parish Meeting or Vestry, and the ratepayers of any Parish. The Board of Education's Circular 568 (1907) contains the following notes on Ai-t. 24 : — " It is well known that the Charity Commissioners and the Board of Education have for many years acted on the principle ' As to waiver of this requirement and the consequent effect on the scale of grant see Chap. V., Sec. (8). REPRESENTATION ON GOVERNING BODIES. 107 that, in all Schemes made by them for the regulation of Endowed Schools, substantial provision should be made for representation of Local Authorities or popular constituencies on Governing Bodies. ^ .... In some Schemes of recent date, however, the following clause or a similar clause appears : — " Additional Governors may be appointed by a Local Authority in consideration of a grant by the Authority in aid of the School to such number as may be fixed by the Authority with the consent of the Governors, and subject to the approval of the Board of Education. '■ In these cases such a clause does enable the Governors to consent (without any alteration of the Scheme) to the appointment of additional Representative Governors (sufficient to place the Representative Governors in a majority) by a Local Authority which makes a gi-ant to the School, and if this consent is given the requirements of Article 24 will be satisfied. Article 24 makes it clear that the actual appointment of additional Governors by a Local Authority is not essential, but only that a Local Authority should have the option of appointing them. •• In cases where the Scheme or governing insti-ument provides for a minority of Representative Governors and fixes the constitution of the Governing Body, and gives no power to appoint additional Representative Governors, an amendment of the Scheme will be required, and the Board will usually (where it is not for other reasons considered necessary or desirable to re-constitute the Governiug Body) be satisfied with introducing the following provision, whicli will jjlacc the Governors in a position to comply Avitli Art. 24. " If an increase in the number of Representative Governors is reqiiired to comply with any conditions of a grant made by a Local Authority or by the Board of Education, or is considerod desirable for any other reasons, Representative Governors oi- additional Representative Governors may, with the consent of the Governors and the approval of the Boai-d of Education (signitiod by writing under their seal), be appointed by a Local Authority." Cf. miju'd, i>. 105. 108 LOCAL AUTHORITIES. (5) POWERS OF LOCAL AUTHORITIES UNDER ACTS OTHER THAN PUBLIC HEALTH, BUILDING, AND EDUCATION ACTS. Under Sec. 13 of End. Scli. Act, 1873, Municipal Boroughs may (among other persons and bodies) petition the Board of Education to lay the Schemes framed by the Board under the Endowed Schools Acts before Parliament (Chap. III., Sec. (4), (e)). Sec. 3 (xv.) of the Local Government Act, 1888, ^ provides for the transfer to County (including County Borough) Councils of the registration of Charities which was instituted by the Charitable Donations Registration Act, 1812 ^ (Chap. I.). Under Sec. 5 of the Welsh Intermediate Education Act, 1889,^ a Joint Education Committee was established for each Welsh County (and the County of Monmouth) to consist of five persons (three of whom were to be nominated by the County Council). Under the Charity Inquiries (Expenses) Act, 1892,^ County (including County Borough) Councils were empowered to contribute towai'ds the expenses of inquiries into Charities appropriated for the benefit of their County (or County Borough). Under Sec. 14 (5) of the Local Govt. Act, 1894," a di-aft of a Scheme made by the Charity Commissioners [or Board of Education] under the C. T. Act, 1860, aifecting a rural parish must in the first instance be submitted to the parish council or chairman of the parish meeting (see Chap. III., Sec. (3), (c) ). Under Sec. 3 (2) of the Board of Education Act, 1899,6 the Council of any County or County Borough are authorised to contribute to the expenses of inspecting, under Sec. 3 (I), any School within their County or Borough (see Chap. V., Sees. (I) and (5) ). As to the representation of Local Authorities on Governing Bodies, see supra, p. 105. As to music and dramatic licences see Chap. X., Sec. (16), (b). ' 51 & .52 Vict. c. 41. - 52 Geo. III. c. 102. •■* 52 & 53 Vict. c. 40 (Chap. III.). ■» 55 & 56 Vict. c. 15. '" 56 & 57 Vict. c. 73. " 62 & 63 Vict. c. 33. VISITORS. 109 CHAPTER VII, VISITORS. (1) THE NATURE OF VISITATORIAL POWERS. The right of visitation (which is supei'seded to a great extent by modern legislation^) affects Corporations only~; and Eleemosynarj Corporations were all visitable (Philips v. Bunj, 1(392, see 1788, 2 T. R. 352; 1696, 1 Ld. Ra. 5; .1. G. ^. Clarendon, 1810, 17 Yes. 498, Harrow School). Strictly speaking, visitation is only necessary where the members of the Corporation are the objects of the Charity and there are no incorporated Governors or Ti'ustees (Sutton's Hospital Ca., 1613, 10 Co. Rep. 31a, Charterhouse; PhiliiDS v. Bury, sup., 352). The Visitors are the Court of the Founder (Philips v. Bury, sup.; Green v. Rutherforth, 1750, 1 Ves. S. 472) ; thcii' jurisdiction may be general or special ; separate functions may l)o n Hotted to separate Visitors (^1. G. v. Middleton, 1751, 2 Ves. S. 329) ; and one Visitor may have jurisdiction over another (A. G. v. Middleton, sup., 328, 329). The ordinary functions of Visitors are amotion of Corporatoi-s (.4. G. V. Talhnf, 1747, 1 Ves. S. 78; E.v p. Wrangham, 1795, 2 Ves. 609), including the removal of Govez-nors (A. G. v. Dixie, 1807, 13 Ves. 519, Market-Bosworth School; A. G. v. Clarendon, sup.); the inspecting the actions Jind regulating the bclKividin- of the membei'S of the Corpoi-nt ion wlio are objects of tlic Charity (Philips v. Bury, sup., 352^ ; th(; prevention of abuses of the Charity, the hearing of complaints by way of appeal, and the T-odressing ' See infni, \>\<. I iL', li:3. " As to Corporationa goiierally hco Chti]). 1 1. 110 VISITORS. the grievances of particular members {Philips v. Bury, stip., 346, 348 ; A. G. V. Talhot, sup., 78; St. John's Coll. v. Todington, 1757, 1 BuiT. 202) ; and, generally speaking, the internal administration of the Charity {Ex p. Berkhampstead Fr. Sch. 1813, 2 Y. & B. 134 ; A. G. V. Sherborne Gr. Sch., 1854, 18 B. 256). Thus, Visitors may insist on a hearing being given to School- masters before they are removed {Whist a^i v. Demi and Chapter of Roche.'iter, 1849, 7 Ha. 561), and may declai'e the election of a Schoolmaster void i and call upon the proper patron to elect a Schoolmaster {A. G. v. Black, 1805, 11 Ves. 193), and may generally deal with questions as to the appointment, emoluments, and accommodation of Schoolmasters (xl. G. v. Magdalen Coll., 1847, 10 B. 402), and their place of residence (^4. G. "v. Smythies, 1836, 2 My. & C. 142 ; Ex. p. Berkhampstead Fr. Sch.. 1813, 2 V. & B., 137) ; they may decide what buildings shall be erected {A. G. v. Magdalen Coll., sup., 402), what class of boys are to be eligible for exhibitions (A. G. v. Sherborne Gr. Sch., sup.), and what form of religious instruction compatible with the insti^ument of foundation shall be given in a School {A. G. V. Sherborne Gr. Sch., sup. ; Be Stafford Charities, 1857, 25 B. 28) " ; and they can interfere, on appeal, with the powers of Corporations if exercised from improper motives {R. v. Hertford Coll.. 1878, 3 Q. B. D. 701) ; but such questions as curriculum, time-tables, books, and discipline of pupils must be left by them to the Crovernors or Masters, so long as there is no departui-e from the principle and purpose of the institution (^1. G. v. Clarendon, sup., 507). Grammar Schools Act, 1840.^ — Under this Act the Court might empower Disciplinary Visitors and Governors to remove ' As to the ejectment of a dismissed Schoolmaster by Visitors and otliers see Chap. XII. ' The Lord Chancellor, as .Visitor on behalf of the Crown (see infra, p. 112), would appear to have greater powers than the Court in exempting children of NonconformistB from particular branches of religious teaching (A. G. v. Sherborne Gr. Sch., sttjj. ; Re Chelmsford Gr. Sch., 1855, 1 K. & J. 568). ■* See as to this Act, and its supersession for the tiine being bv the End. Sch. Acts, Chap. III. WHO MAY EXERCISE VISITATORIAL POWERS. HI Schoolmasters^ (Sec. 17); Visitors might call for reports by- Schoolmasters and order the examination of pupils (Sec. 13) ; and the Court might, where necessary, enlarge the disciplinary powers of Vi.sitors (Sec. L4). Cliaritable Trusts Arts.-— Under Sec. 22 of C. T. Act, 1853, the consent of the special Visitor (if any) is required to enable the Board of Education to authorise the removal by the Trustees of a Schoolmaster or other officer. Bj Sec. 8 of C. T. Act. 1860, a right of appeal is given to Schoolmasters or officers who are removed by the Board under that Act without the consent of the Trustees and the approval of the Special Visitor, if an}-. Under Sec. 14 of C. T. Act, 1860 (which section is not to apply to Endowed Grammar Schools), removals of Schoolmasters by Trustees are authorised, but not without the consent of the Special Visitor fif any), as well as of the Board of Education. i (2) WHO MAY EXERCISE VISITATORIAL POWERS. The appointment of a Visitor requires no technical form of words (A. G. V. Talbot, 1747, 1 Ves. S. 78; A. Ll. v. mddhton, 1751, 2 Ves. S. 327). Consequently it has frequently been difficult to ascertain what visitatorial powers exist and in whom they ai-e vested. In the absence of special appointment of Visitors the Govei'nors have been held to have visitatorial powers {Sutton s Hospital Ca., 1613, 10 Co. Rep. 31a, Charterhouse; A. G. v. Lock, 1744, 3 Atk. 164), provided the administration of the revenues is not in their JKinds (Ede7i V. Foxier, 1725, 2 I'. Wms. 325, Birmingham (ir. Sch.), although the legal estate is vested in them {A. G. v. Middh-ton, S7ip. 329) ; and, if the administration of the revenues is in their hands, it is only in relation (o the charity property that tliey can liave no visitatorial powers (^1. G. v. Middlefon, sup., 329 ; rf. Eden V. Foster, sup., 326), as their position will br> that of Trustees ' Sec as to the removal of Schoolmasters generally Clinp. Xli. ' Sec as to these Acts Chap. III. 112 VISITORS. subject to the jurisdiction of the Court (A. G. v. Lubbock, 1837, C. P. Coop. 39). Where there are neither expressly appointed Visitors nor Grovernors with visitatorial powers, the visitatorial powers remain with the Founder as Patron ^ or his heirs, and the Founder may delegate these powers (Philips v. Bury, 1692, see 1788, 2 T. R. 352; Eden v. Foster, sup., 326; A. G. v. Middleton, sup., 329). In default of heirs {R. v. St. Catherines Hall, 1791, 4 T. R. 233; Exp. Wrangham, 1795, 2 Ves. 609; A. G. v. Clarendon, 1810, 17 Yes. 498, Harrow School ; A. G. V. Black, 1805, 11 Ves. 192), or if the heir be a lunatic (.4. G. v. Dixie, 1807, 13 Ves. 533), the visitatorial power devolves upon the Crown. The visitatorial power of the Crown is exercised by the Lord Chancellor (R. v. St. Catherine's Hall, sup., 344; A. G. v. Black, snp. ; A. G. V. Dedham Sch., 1857, 23 B. 356), and not by the Court (see Judicature Act, 1873,- Sec. 17 (5) ) ; but the Crown may visit by special commissioners {Eden v. Foster, sup., 325 ; A. G. v. Price, 1744, 3 Atk. 108, Berkhampstead Sch.). Grammar Schools Act, 1840.^ — Sec. 15 empowered the Court to appoint the Bishop as Disciplinary Visitor when there was no known person acting in that capacity at the j^assing of the Act. Sec. 16 empowered the Court, in the event of a Visitor refusing or neglecting to exercise his disciplinary powers or in the event of its being uncertain in whom such powers were vested, to appoint some person to exercise them pro hac vice. Charitable Trusts Acts and Endoived Schools Acts.'^ — Sec. 16 of C. T. Act, 1853, enables questions which would previously have had to be determined by the Visitors to be decided more simply aud as eifectually bj- the Charity Commissioners [and Board of Education], Avho have embodied powers of a visitatorial nature in the Schemes which, under Sec. 2 of C. T. Act, 1860, thev ' See as to Patronage Clia[i. II. ■- 36 & 37 Vict. c. 66. ^ See as to this Act Chap. III. ■* See as to these Acts Chap. III. THE JURISDICTION OF THE COURT OVER VISITORS. 113 are empowered to make ; while Sec. 23 of End. Scli. Act, 1869, which enables the Board of Education to insert in Schemes under the Acts all powers and provisions thought expedient for carrying them out, has been held to be wide enough to enable the insertion of clauses conferring visitatorial power on themselves (Be Hodgson's School. 1878, 3 A. C. 857) ; and Sec. 20 of End. Sch. Act, 1869, enables Schemes under tlie Acts to provide for the transfer of all visitatorial rights and powers, except in the case of Cathedral Schools, to His Majesty, to be exercised by and through the Board of Education. The old visitatorial powers are, consequently, to a gi-eat extent superseded. It is provided by the Bishops' Trusts Substitution Act, 1858, ^ that the power conferred on the Charity Commissioners [and Board of Education] by the Act to substitute the Bishop of one diocese for the Bishop of another as Trustee (or otherwise) of a Charity is not to aifect trusts of a visitatorial oi- other character exercised over any College, Hall, or School under the Universities of Oxford or Cambridge, or the Colleges of Eton, Westminster, or Winchester. (3) THE JURISDICTION OF THE COURT OYER VISITORS. When a Visitor acts improperly, or declines to act at all, he can be compelled by mandamus to exercise his proper power (R. V. Bishop of Worcester, 1815, 4 M. & S. 415; Whistoii v. Dean and Chapter of Rochester, 1849, 7 Ha. 558, 561). iiiclndiug the liearing of an appeal (R. v. Bishop of Lincoln, [1785], 2 'J'. K. 338, n.). Otherwise, the Court will not interfere with the Visitors in the exercise of their powers, as, for instance, in respect of the restoration of Charterhouse or Jiluecoat boys (R. v. Wheeler, 1674, 3 Keb. 360), or the retention by Masters of large emoluments though tlie pupils decrease {Ex p. Berkhampsfead Fr. Sch., 1813, 2 V. & B. 134), or tlie non-residence of the usher (ibid.) ; and, ' 21 & 22 Vict. c. 71 ; see Chap. VIII., Sec. (3). 114 VISITORS. generally, the Court does not interfere in matters relating to internal administration (ibid.),^ even though abuses in such adminis- tration are alleged (A. G. v. Duhvich Coll., ISil, 4 B. 255; A. G. V. Magdalen Coll., 1847, 10 B. 402), unless they amount to a breach of trust (A. G. V. Bedliam Sch., 1857, 23 B. 350). In short, there is no appeal to any Court from the decision of a Visitor acting within his powers (Philips v. Biiry, 1692, see 1788, 2 T. R., 353 to 358 ; A. G. V. Lock, 1744, 3 Atk. 165; A. G. v. Talbot, 1747, 1 Ves. S. 79 ; Ex p. Berkhampstead Fr. Sch., sup., 134; Whiston v. Bean and Chapter of Rochester, sup., 561 ; A. G. v. Dedham Sch., sup.), subject to this, that the Court will exercise its jurisdiction to enforce performance and redress breaches of trust on the pai't of Trustees and Cxovernors even if they are Visitors or the Governors have visitatorial powers (Eden v. Foster, 1725, 2 P. Wms. 326 ; A. G. V. Loch, sup., 165 ; A. G. v. Bedford Gorpn., 1754, 2 Ves. S. 505, Bedford Gr. Sch. ; Ex p. Berlihampstead Fr. Sch., sup., 134; A. G. v. Luhhock, 1837, C. P. Coop. 15; A. G. v. Magdalen Coll., sxtp. ; Whiston v. Bean and Chapter of B,ochester, sup., 560). ~ Grammar Schools Act, 1840.^ — Under Sec. 1, the Court cannot, without giving the Special Visitor (if any) opportunity to be heard, make decrees under the Act. Before Schools are united under Sec. 9, the consent of the Visitor (amongst others) is necessary. Under Sec. 16, all processes by which a Visitor could be compelled to perform his duties were preserved. ' And see aupra, p. 110. 2 For further details as to the seven cases here cited see Chap. VIII., Sec. (8), ^ See as to this Act Chap. III.; and cf. supra, pp. 110, 112. TRUSTEES AND GOVERNORS. 115 CHAPTER YIII. TRUSTEES AND GOVERNORS. (1) DEFINITIONS. Generally speaking, the distinction between the Trustees and the Governors or Governing Body of an institution is that the Trustees hold the property and administer the revenues, while the Governors have the conduct and management in other respects. It usually happens, however, that one body of persons combines the separate functions of Trustees and Governors. Grammar Schools Act, 1840} — Sec. 25 defines " Governors " as meaning and including all persons or corporations, whether sole or aggregate, who may respectively have the government, management, or conduct of any Grammar School, Avhether they have also any control over the reven\ies of the School as Trustees or not ; and defines '' Trustees " as meaning and including all persons or corporations, whether sole or aggi-egate, who shall have the management, disposal, and control over the revenues of any (rrammar School, whether the property be actually vested in them or not. Endowed Schools Acts.-—^ec. 3 of End. Sch. Act, 1868, defines "Governing Body" as including i'oi' the ])iii'poses of that Act F'atrons, Trustees, Governors, or other persons in wlioni is vested the right of ajijxiiiiting new masters in iMiddvved Schools on vacancies occunnng, and of liohling and managing the property of the said Schools, or either of such rights. Sec. 7 of Isnd. Sch. Act, 1869, defines "GoverniriL'' Hody " as meaning "any body corporate, persons, or person who have the I'ight of holding or ' Sec aH to this Act Chap. HI. ^ See as to tliese Acta Cliaji. 1 1 1. 116 TRUSTEES AND GOVERNORS. any power of (government of or management over any endowment, or, other than as Master, over any Endowed School, or have any power, other than as Master, of appointing Officers, Teachers, Exhibitioners, or others, either in any Endowed School, or with emoluments out of anv endowment." Charitable Trusts Acts.^ — Sec. 66 of C. T. Act, 1853, contains the following definition : — " The Trustee of any Charity shall mean and include every person and Corporation seised or possessed of or entitled to any real or personal estate or any interest therein, in trust for or for the benefit of such Charity, or all oi- any of the objects or purposes thereof, and every member of any such Corporation." Sec. 14 of the Charitable Trustees Incorpoi-ation Act, 1872,2 enacts that (for the purposes of that Act) '' Trustees shall include the Governors, Managers, or other persons having the conduct or management of any Charity." (2) CONSTITUTION AND QUALIFICATIONS OF TRUSTEES AND GOVERNORS. The constitution of the Trustees and the Goveimors of a School is determined by the Scheme,^ as comprised in the Instrument of Foundation or otherwise. Schemes framed under the C. T. Acts or End. Sch. Acts usually provide that the Trustees or the Governors shall be numerous and of various kinds : viz. — (a) Representative {e.g. appointed by Local Authorities, Universities, &c.) ; (b) Ex-officio {e.g. Local Dignitaries, Heads of Colleges, &c.) ; and (c) Co-optative. The representation of Local Authorities and popular con- stituencies on Governing Bodies has been previously discussed in Chap. VI., Section (4). ' See as to these Acts Chap. III. '^ See as to tliis Act liifra, p. 117. •* See as to Schemes generally Chap. TI. CONSTITUTION AND QUALIFICATIONS. 117 With regard to the personal qualifications of Charity Trustees, the question is not whether the proposed Trustees are the most proper persons that can be found, but whether they are proper persons (Be Lancaster Charities, 1860, 7 Jur., X. S. 96 ; cf. Be Nortvich Charities, 1837, 2 My. & C. 275). The religious qualifications of Trustees and Governors and of their electors are dealt with in Chap. XIV., Sec. (5). Endowed Schools Acts} — The saving, in Schemes under these Acts, of vested interests of Governors appointed before 25th June, 1868, was provided for by Sec. 13 of End. Sch. Act, 1869. On the other hand, Governors acquiring an interest after 2nd August, 1869, are to be subject to any Schemes which may be made under the End. Sch. Acts (Sec. 55 of End. Sch. Act, 1869), and see pp. 51 to 53. Public Schools Acts. — As to the constitution of Governing Bodies of the seven " Public " Schools see Chap. Til. Board of Education Begulations for Secondary Schools.-- — In addition to the question of local representation,'^ as dealt with in the Regulations, provision for a properly constituted Governing Body is required by Art. 22. Incorporation. — The advantages and disadvantages respectively of incoi-poration have been discussed in Chap. l\., Section (2), (e). The Charitable Trustees Incorporation Act, 1872,^ enables the Charity Commis.sioners [and Hoard of Education] to incorporate Trustees and (see Sec. 14) Governors, by Certificate, upon applica- tion by the Trustees and Governors themselves, and the Certificate is granted upon such conditions as tlie Charity Commissioners [and Board of Education] think fit as to qualifications, number, tenure, and mode of new appointment (Sec. 1) ; and provides that they shall remain under the same liabilities as if there had been no incorporation (Sec. 5). Incorporation under the Act of 1872 is, liowcvei-, romparativcly rare, as tin; ])j-operty ' See as to these Acts Chap. III. '^ See as to tliese Regulations Chaj). V. ' Art. 24; See Chap. VI., Sec. (4), (c). ' 35 A 36 Vict. c. 24. X18 TRUSTEES AND GOVERNORS. of a Charity can be vested in the Official Trustees (see Sees. (9) and (10) of this chapter). Sec. 10 of the End. Sch. Act, 1869, provides that by Schemes under the Endowed Schools Acts i the Charity Commissioners [Board of Education] may incorporate Governing Bodies, establish new Governing Bodies, and remove or dissolve old ones. (3) APPOINTMENT OF TRUSTEES.^ Trustees of Charities may be appointed in the following various ways : — (1) They may be appointed independently of the Courts or the Charity Commissioners [and Board of Education] : — (a) Under powers created by the instrument of foundation ; (h) Under statutory powers as follows : — (i.) The Trustee Appointment Act, 1850,"^ Sec. 1, and the Trustees Appointment Act, 1890,^ Sec. 2, provide that premises acquired by any body of persons associated for (inter alia) educational pui^poses as a college, academy, or seminary, shall vest not only in the Trustees to whom the premises are assured, but also in new Trustees by their mere appoint- ment. It seems, however, doubtful whether such appointment confers more than the legal estate on the new Trustees. Sees. 3 and 4 of the Act of 1890 extend the above provision to an appointment made by the persons and in the manner provided by any statutory ' See as to these Acts Chap. III. - The appointment of new Trustees or Governors, whether they are incorporated or not, is consequent eitlier on vacancies or on the necessity or desirability of adding to their number. ^ 13 & 14 Vict. c. 28 ; known as Sir Morton Peto's Act. '' 53 & 54 Vict. c. 19. APPOINTMENT OF TRUSTEES. 119 power of appointing: new Trustees contained in any other Act.i Sec. 1 of the Act of 1850 and Sec. 3 of the Act of 1890 further provide that the appointment mar be made by certain other persons and in certain other modes specified in those sections. Sec. 5 of the Act of 1890 contains a provision against the concurrent exercise of the ])owers ; (ii.) Sees. 10, 11, 12, and 37 of the Trustee Act, 1893,- which relates to Trustees in general, enable cei-tain persons to appoint Trustees in tlie place of any who are dead, or remain out of the United Kingdom for more than twelve months, or desire to be discharged or refuse or are unfit to act, or are incapable of acting, in the trusts. (2) They may be appointed by the Courts'^: — (a) In virtue of the general jurisdiction of the Court of Chancery in charity matters : {b) Under the summary procedure created by Romilly's Act, 1812,^ but not so as to add to the number of Trustees limited by the instrument of foundation {Re Storey s Almshouses, 1839, 9 L. J. Ch. 93 ; Re Peytoris Hospital, 1845, 8 B. 70) ; (c) Under Sec. 3 of the Charities Procedure Act, 1832,^ which empowered the Court, on tlie petition of the Attorney-General or others, to appoint new Trustees ' E.g. the Trustee Act, 1893, infra. - 56 & 57 Vict. c. 53. The sections in question replace certain sections of the Conveyancing Act, 1881 (41 & 45 Vict. c. 41), which had replaced certain sections of Lord Cranworth's Act, 18G0 (23 & 24 Vict. c. 145). ' But the consent of the Board of Education is necessary, under Sec. 6 of the End. Sch. Act, 1874, to the e.xorcise by the Courts of their powers of appointment in cases of Schools which can be dealt with l)y Schemes under the End. Sch. Acts; and see infra, p. 121, * 52 Geo. III. C-. 101 ; see Chap. XV. ■ 2 & 3 Wm. IV. c. 57. 120 TRUSTEES AND GOVERNORS. and order tlie trust propei-ty to be conveyed to them where all the old Trustees are dead and no representative of the last surviving Trustee can be found ; (J) Under the Trustee Act, 1893,1 which relates to Ti'ustees in general, and of which Sees. 25 to 41 enable the Court (where it is expedient to appoint new Trustees, and it is found inexpedient, difficult, or impracticable to do so without the assistance of the Court) to appoint new Trustees in substitution toi' or in addition to existing Trustees, or although there is no existing Trustee ; and to transfer property to the new Trustees bj a mere vesting order ; (r) Under Sec. 28 of C. T. Act, 1853, by the Judge at Chambers if the gross annual income of the Charity exceeds £30, the jurisdiction thus conferred being the same as that which could previously have been exercised in a suit or petition, and therefore enabling the transference of property to the new Trustees by a mere vesting order (Be Davenport's Charity, 1855, 4 De G. M. & G. 839) ; (/) Under Sec. 29 of C. T. Act, 1853, by the Palatine Court of Lancaster, if the gross annual income, of the Charity exceeds £30 ; (g) Under Sec. 32 of C. T. Act, 1853, and Sec. 11 of C. T. Act, 1860, by the County Court, if the gross annual income of the Charity does not exceed £50 : the approval of the Charity Commissioners [oi' Board of Education] being necessary under Sec. 36 of C. T. Act, 1853, to the order made by the County Court. ^ 56 A 57 Vict. c. 53, replacing certain sections of the Trustee Acts, 1850 (13 & 14 Vict. c. 60) and 1852 (15 & 16 Vict. c. 55) ; and see Chap. XV., Sec. (2), (b). APPOINTMENT OF TRUSTEES. 121 (3) They may be appointed by the Charity Commissioners [and Boai'd of Education], who, iu fact, make most of the appointments of Charity Trustees ^ : — (a) Under Sec. 2 of C. T. Act, 1860 (upon giving certain notices as required by Sees. 3 and 6, and with subsequent publication as required by Sec. 7)~ ; but, in tlie case of Chai'ities whose gross annual income is £50 or moi-e, only upon the application of the Trustees, or a majority of them (Sec. 4). (b) Under the Bishops" Trusts Substitution Act. 1858,'^ by which the Charity Commissioners [and Boai'd of Education] are empowered to substitute, as Trustee of a Charity, the Bishop of one diocese for the Bishop of another, if, by reason of an altei'ation of tlie limits of a diocese, the place to which tlie Charity belongs is transferred from the one to the other diocese.* See also the Charitabla Trustees Incorporation Act, 1872, supra, p. 117. Appoint meuts by the Court." — The Court will not necessarily till up the original number of Trustees {lie Marlborough School, 184!3, 13 L. J. Ch. 2 ; cf. Be Shrewsbury Charities, 1849, 1 Mac. & G. 84, and lie Shreiosbury School, 1849, 1 Mac. & G. 85). On the other hand, it has power (except in applications under Romillys Act-') to appoint additional Trustees {He Burnham National Schools, 1873, 17 Eq. 246j. An application to the Court for the appointment of a new Trustee of a Charity requires the sanction of tlie Charity ' As to the extent to wliich their powers can Ijc overridden see Sec. 1 of C. T. Act, 1862 (p. ;J4) ; and .see infrn, p. 122. ^ Sec. 2 doea not limit t)ie evont.s in whicli tlic jiower i.s e.\eruiseable. ■' 21 & 22 Vict. c. 71. ' lint tiie power does not o.vtend to aiJ'eet trusts of a visitatorial or othei' charaeter exercised over any Collef. lliO) ; (d) Under Sec. 29 of C. T. Act, 1853, by the Palatine Court of Lancaster, under the same conditions of income as in the case of appointment (see supra, p. 120); (e) Under Sec. 32 of C. T. Act, 1853, and Sec. 11 of C. T. Act, 1860, by the County Court, under the same conditions of income, &c., as in the case of appointment (see supra, p. 120) ; ' The removal of Trustees or Governors, as distinct from their resignation, is, whcthor tliey are incorijorated or not, usually consequent on incapacity, unfitness, residence abroad, refusal to act, bankruptcy, breach of duty, or misconduct. 2 s See infra, p. 124. 124 TRUSTEES AND GOVERNOES. (3) They may be removed by the Charity Commissioners [and Board of Education], who, in fact, effect most of the removals of Charity Trustees ^ : — («) Under Sec. 2 of C. T. Act, 1860, under the same formalities, and conditions of income, as in the case of appointment (see supra, p. 121) ; (b) Under the Bishops' Trusts Substitution Act, 1858 2 (see supra, p. 121). See also the Cliaritable Trustees Incorporation Act, 1872, supra, p. 117, Removals by the Court.^ — With regard to removals by the Court on religious grounds see Chap. XIV., Sec. (5). Where residence within a parish is a qualification of the Trustee, his removal out of the parish to such a distance as to make it impossible for him to attend to his duties amounts to a vacating of his oiEce (.4. G. V. CUfto7i, 1863, 32 B. 596). A want of residential qualification which has long been disregarded is not a ground for removal (.4. G. v. Stamford, 1840, 1 Ph. 747, Manchester Gr. Sch.). An application to the Court for the removal of a Trustee of a Charity requires the sanction of the Charity Commissioners [or Board of Education], unless the application is in a suit or matter actually pending (C. T. Act, 1853, Sec. 17).^ Sec. 46 of C. T. Act, 1853, provides for the saving of rights of the Church of England and members thereof on removals by the Court of Trustees of a Charity.^' Removals by the Charity Commissioners \_a')ui Board of Educatw7i'\: — Witli regard to removals by these bodies under Sec. 2 of C. T. Act, 1860 {supra), their power is co-extensive with that of the Court. Under Sec. 4, Trustees are not to be removed by the Charity Commissioners [or Board of Education] solely on the ground of their religious belief. ' As to the extent to which their powers can be overridden see Sec. 1 of C. T. Act, 1862 (p. 34) ; and see infra. 2 21 & 22 Vict. c. 71. ■' Supra, p. 123. •* See Chap. XV., Sec. (4), (b). , -^ See Chap. XIV., Sec. (5). REMOVAL OF GOVERNORS.— POWERS AND DUTIES. 125 (6) REMOVAL OF GOVERNORS.' This is a matter ordinarily provided for Ijj- the School Scheme- (see Chap. II.). As to removals by Visitors see Chap. VII., Sec. (1). See also the Charitable Trustees Incorporation Act, 1872, supra, p. 117. Endoiced Schools .4rfs.2— Under Sec. 55 of End. Sch. Act, 1869, Governors appointed after the Act are subject to the provisions of any Scheme vrhich may be made under the Acts. Sec. 10 empowers the removal of Governing Bodies by any Scheme under the End. Sch. Acts. Sec. 13 (5) provides for the saving or compensation for the interests of Governors appointed before 25th June, 1868, in any emoluments or rights of patronage, and for regard being had to rights of patronage exerciseable on 2nd Aug., 1869, l)y Governors in consequence of donations made by them. Public Schools Acts. — As to changes in the constitution of Governing Bodies at the seven "Public" Schools see Chnp. III. (7) POWERS AND DUTIES OF TRUSTEES AND GOVERNORS. The main functions of Trustees and Governors, as has been indicated under "Definitions" (snpni. p. 115), are a,ssociated with the property and management of tlie affairs of the School respectively, and the following chajjlers dealing with such niattci-s should accordiuglv be referi-ed to in this connection: — Chapter II.— The Estabiisliint;- of a School. IX. — Acquisition and I'ser of i'retniscs. X. —Management .iml Disposition of Property. XI. — Taxation affecting Schools. XIV. — Religion in Schools. XV. — Legal Procedui-e. 11 Sl'O p. 123, n. 1 ; !uid mcc i>. 11.5 as to Trustcea lj«ing also Govuriiora. Sec iis to tlioso Acts Chap. III. 126 TRUSTEES AND GOVERNORS. The jurisdiction of Trustees and Governors over Schoolmasters is dealt with in Chap. XII., Sec. (2). As to Governors being also Visitors in certain cases see Chap. VII. As to x'ights of patronage being vested in Govex'nors see Chap. II., Sec. (4) ; and cf. supra, pp. 115, 116. For the law affecting the rights, powers, duties, and liabilities of Trustees in general the reader is referred to Lewin on Trusts. Instruments of foundation sometimes delegate to the Governors the making or completing of a Scheme. ^ The Public Schools Act, 1869, invested the Governors of the seven " Public " Schools with such powers in certain events. ^ As to functions of Trustees and Governors in relation to Schemes framed under the C. T. Acts and End. Sch. Acts see Chap. III., Sees. (3), (c), and (4), (e). Trustees in general, and therefore Charity Trustees, may pay money into Court under Sec. 42 of the Trustee Act, 1893,^ and are thereby relieved of their trusts and liability (Be Poplar and Blachwall Fr. Sell. 1878, 8 Ch. D. 546). The subject of payment into and out of Court generally is dealt with in Chap. XV., Section (3). Under Sec. 16 of C. T. Act, 1853.* Trustees may, by acting on the advice or by the direction of the Charity Commissioners [or Board of Education], obtain complete protection against liability. Under Sec. 23 of C. T. Act, 1853,* and Sec. 31 of C. T. A. Act, 1855,'* Trustees can obtain the sanction of the Charity Commissioners [or Board of Education] to the compromise of claims or actions made or brought by or against the Charity. As to the relations of Trustees to the Official Trustee of Charity Lands and the Official Trustees of Charitable Funds, see infra (Sections (9) and (10) of this chapter). Individual Trustees or Governors who have been incorporated under the Charitable Trustees Incorporation Act, 1872 (supra, p. 117), remain under the same liability as if there had been no incorporation ' See as to Schemes generally Chap. II. - See Chap. III. 3 56 & 57 Vict. c. 53, replacing the Trustee Rcflief Acts, 1847 (10& 11 Vict. c. 96) and 1849 (12 & 13 Vict. c. 74). ■* See as to the C. T. Acts Chap. III. JURISDICTION APART FROM APPOINTMENT AND REMOVAL. 127 (Sec. 5 of the Act) ; and Schemes under the Endowed Schools Acts incorporating Governors (see Sec. 10 of End. Sch. Act, 1869, supra, p. 118) usnally insert a provision that they shall remain under similar liability. As a general rule, in a Charitable Trust, a majority of the Trustees has power to bind the minority (Grindley v. Barker, 1798, 1 B. & P. 229; Perry v. Shiptoay, 1859, 1 Giff. 1), as, for instance, in the appointment and removal of Schoolmasters (Wilkinson v. Malin, 1832, 2 Tyr. 544; Cooj^er v. Gordon, 1869, 8 Eq. 249) ; but it would appear that a majority must not act without consulting the minority (Fishery. Jackson, 1891, 2 Ch. 94). The powers of majorities are recognised under the C. T. Acts,i e.g. in the disposition of property (C. T. A. Act, 1855, Sec. IG ; C. T. Act, 1869, Sec. 12), and in the institution of legal proceedings (C. T. Act, 1869, Sec. 13) ; while Sec. 54 of the End. Sch. Act, 1869,- empowers the majority of Governors present at a meeting to act; and Schemes under the C. T. Acts^ and End. Sch. Acts - usually provide that a certain number of Ti'ustees or Governors shall form a quorum. The jurisdiction over Trustees and Governors in the exercise of their functions is dealt with in the following section of this chapter. (8) JURISDICTION OYER TRUSTEES AND GOVERNORS, APART FROM THEIR APPOINTMENT AND REMOVAL. The Court has. in the case of Charities. ;il\vays exei'cisod the general jurisdiction originally confeired on the Court of Chancery to enforce trusts against Trustees and Govcrjiors and to redress any breaches of trust committed \>\ tliem; and it makes no difference that the Governors are also Visitors, oi' that there are Visitors in addition to Trustees or Goveraors. The Court will not interfeif with ' See as to tlie C. T. Acts Chap. III. -See as to tlie End. Sch. Acts ("Imji. III. 128 TRUSTEES AND GOVERNORS. the internal management of a Scliool, which is a matter only for the Visitors (if any) or the Grovernors, unless such management is conducted in a manner contrary to the intentions of the Foimder or the School Scheme, as then there would be a breach of trust. The following is a selection, relating for the most part to Schools, fi'om the decisions in which the above-mentioned principles have been applied : — Eden v. Foster, 1725, 2 P. Wms. 325. 326 (Birmingham Grr. Sch. : Governors as Trustees : the trusts but not the government inquired into by the Court) ; A. G. V. Price, 1744, 3 Atk. 108 (Berkhampstead Sch. : Visitor : Inquiry oi'dered by the Court into granting of leases, but not into question of decrease in number of pupils) ; A. G. V. Loch, 1744, 3 Atk. 164 (Governors as Trustees and Visitors : Governors held responsible to the Court as to management of estates, but held entitled to remove pensioners at their discretion) ; -4. G. V. Bedford Corporation, 1754, 2 Ves. S. 505 (Bedford Gr. Sch. : the Master held accountable to the Court for mis- application of revenues) ; A. G. V. Clarendon, 1810, 17 Ves. 491 (Harrow Sch. : Visitor : Governors : curriculum, time tables, books, and discipline of pupils left by Court to Governors or Masters ; but inquiries as to application of i^evenues directed by the Court) ; Ex p. Berl-JuDnpstead Fr. Sch., 1813, 2 V. & B. 134 (Visitor: Internal management ; residence of the Usher and emoluments of the Master in the past not interfered with, but inquiries into future application of revenues, involving both points, directed by the Coui't) ; A. G. V. Mansfield, 1827, 2 Russ. 501 (Highgate Sch. : Trustees restrained by the Court fi'om deviating from Scheme of instruction required by instruments of foundation and from applying revenues in enlarging School Chapel for accommodation of parishioners) ; JURISDICTION APART FROM APPOINTMENT AND REMOVAL. 129 Be Bedford Charity, 1833, 5 Si. 578 (Bedford Gr. Scli. : Trustees had power to x'emove ^Master for "" just and reasonable cause " : Coui't refused to interfere with removal of blaster by Trustees who. in fair and i^egular proceedings, had adjudged that there was just and reasonable cause) ; A. G. X. Lubbock, 1837, C. P. Coop. 15 (Visitors as Governors and Trustees : Held that the Court had jurisdiction over them as Trustees only) ; A. G. V. Duhcich Coll., 1841, 4 B. 255 (Visitor : Court refused to interfere with internal regulations) ; A. G. V. Magdalen Coll., 1847. 10 B. 402 (Visitor: Alleged abuses as to appointment, emoluments, and accommodation of Masters : Held that no trust was involved and, therefore, proper remedy was througli Visitoi') ; Winston V. Dean and Chapter of Rochester, 1849, 7 Ha. 561 (Rochester Cath. Sch. : Held, on the facts, that no trust was involved, and that removal of the Master by Dean and Chapter without a hearing could be redressed by Visitor (if any) only, and that the Court could not try the Master's right to the office) ; Willis V. Ghilde, 1851, 13 B. 117 (Ludlow Gr. Sch.: Trustees had power to remove Master " upon such grounds as they shall at theii- discretion, in the due exercise .... of the powers and trusts reposed in them deem just," and removed Mastei' without a heai-ing : Held that they could not dismiss him upon any ground which they deemed just, free from the Court's cnntiol, and tliey were restrained from enfoi-cing the dismissal) ; A. G. V. Sherborne Gr. Sch., 1854, 18 B. 25«. 280 CHrld that the particular form of i-eligious instruction ordaiiu'd by Governors and thcii- j-cgulations as to (lie class of puj)ils eligible for e.vhibitions related to internal management within their ])Owers, and wtic, therefore, the subject of visitatoriiil jurisdiction ; ;ind that, generally, in the case of Charities, the Court will enforce tiiists and I'edre.ss breach(!s of trust); 9 130 TRUSTEES AND GOVERNORS. A. G. V. Dedham Sch., 1857, 23 B. 350 (Visitor: Held that internal management, unless amounting to breach of trust, as being totally at variance with the Founder's intentions, could not be intei'fered with by the Court) ; Be Stafford Charities, 1857, 25 B. 28 (Stafford Gr. Sch. : Court refused to give directions as to particular form of religious instruction, except to say that it must be in accordance with the School Statutes) ; A. G. V. Boucherett, 1858, 25 B. 116 (Caistor Gr. Sch.: Held that discretionary trusts to administer a Chai'ity could not be interfered with by the Court as long as the Founder's intentions were carried out). The Court will not interfere in matters Avithin the discretion of Charity Trustees provided it is actually and honestly exercised, and, if it is. the Trustees need not give their reasons (A. G. v. Mosely, 1848, 2 De G. c% Sm. 398 ; Be Beloved Wilkeis Gharitij, 1851, 3 Mac. & G. 440). From the judgment in the latter case it would appear that, if the Trustees choose to give reasons for their conclusions, the Court has power, which it will not, however, necessarily exercise, to revise such conclusions where the reasons appear to be questionable. Generally speaking, the Court does not punish Charity Trustees for honest mistakes in the past (.4. G. V. Exeter Corporation, 1826, 2 Russ. 45) ; and it will not sanction a Scheme which ousts a Governing Body, against its will, from its right of administering the trusts where no breach of trust is charged (.4. G. v. Christ's Hospital, 1896, 1 Ch. 8SS) ; nor will it direct a Scheme as to the selection of. or distribution among, the objects duly named by the Founder of a Charity, if such selection or distribution has been entrusted by him to the Trustees (Waldo V. Galey, 1809, 16 Ves. 206; A. G. v. Gaskell, 1831, 9 L. J., O. S., Ch. 188 ; Horde v. Snffoll: 1833, 2 My. & K. 69 ; Be Lea, Lea v. Coolie, 1887, 34 Ch. D. 528). Charitable Trusts Acts and Endowed Schools Acts — The control by the Charity Commissioners [and Board of Education] under OFFICIAL TRUSTEE OF CHARITY LANDS. 131 these Acts over Trustees and Governors in the exercise of their functions has been dealt Avith in Chap. III. Trustees having discretionary powers are none tlie less obliged to furnish the accounts which may be required from Trustees xTuder Sec. 10 of C. T. Act, 1853 {Re Gilchrist Educational Trust, 1895, 1 Ch. 367). It has been stated by the Charity Commissioners ^ that the Trustees are the sole and responsible administrators of the income of a Charity, within the limits prescribed by the Founder, and that the Charity Commissioners on the other hand are in no sense administrators of income ; Init that they are constituted the judges of all dealings with capital, as well as of all variations of the prescribed mode of giving effect to the objects of the Charity. As to the control exercised by Visitors over Trustees and Governors see Chap. VII., Sees. (1) and (3). Public Schools Acts. — As to the jurisdiction over the seven " Public " Schools of the Special Commissioners (whose powers have now ceased) see Chap. III. The chapters enumerated at p. 125, supra, should also be referred to in connection with the question of jurisdiction over Trustees and Governors in the exercise of their functions. (9) THE OFFICIAL TRUSTEE OF CHARITY LANDS. The Secretai-y for tlio time being of the Charity Commissioners is fx officio the Official Trustee of Charity I>ands (Sec. 1-7 of C. T. Act, 1853, and Sec. 15 of C. 'J'. A. Act, 1855). Land may l)e vested in tlie Oflicial Trustee by Order of the {'ourt CSec. 4S of C. T. Act, 1^53 j, ;iimI nmv lie vested in (ir conveyeil to liini by oi-der of the Charity Commissioners (Sees. 2 and 4 of C. T. Act, 18G0: Sec. 5 oF C. T. Act, 1887); ainl hmd ' 2yth Report, 1882. 132 TRUSTEES AND GOVERNORS. devised to a Charity vests in him as soon as tlie time limited by law for sale thereof has expired (Sec. 6 of Mortmain and Charitable Uses Act, 18911). Land may be re-vested in the ordinary Trustees by Order of the Court (Sec. 49 of C. T. Act, 1853) or of the Charity Commissioners (Sees. 2 and 4 of C. T. Act, 1860) ; and the Charity Commissioners may authorise or order the Official Trustee to convey lands (Sec. 37 of C. T. A. Act, 1855). The above powers of the Cliarity Commissioners have been expressly excepted from those transferred to the Board of Education (see Chap. V., Sec. (1)). Land may be ordered to be vested in the Official Trustee, as above, under the following circumstances (see Sec. 48 of C. T. Act, 1853) : that is to say, when— (1) It is vested in persons other than those administering and applying the rentB ; or (2) There are no Trustees ; or (3) The Trustees, or any of them, are unwilling to act ; or (4) It is uncertain in whom it is vested ; or (5) All or any of the persons in whom it is vested cannot be found, or are under incapacity, or are out of the jurisdiction ; or (6) A valid appointment of new Trustees cannot be made ; or (7) The appointment of new Trustees and conveyance to them is so expensive that the order seems desirable : but, if the land is vested in a Corporation, the consent of the Corporation and, if it is copyhold, the consent of the lord of the manor is necessary to the order. The advantages of vesting land in the Official Trustee are the simplification of title and the avoidance of conveyances on appointments of new Trustees. See as to this Act Ch;ip. IV., Sec. (-i). OFFICIAL TRUSTEE OF CHARITY LANDS. 133 The Official Trustee is to be deemed a bare Trustee, and is to permit the persons administering the Charity to have the possession, management, and control of the estates, and the application of the income thereof (Sec. 50 of C. T. Act, 1853). All acts, assurances, and things requisite to carrying out sales, exchanges, partitions, mortgages, leases, and other dispositions of charity property done or made b}- a majority of the Trustees or persons administering the Charity, are to have the same effect as if done by all of them and by the Official Trustee (Sec. 12 of C. T. Act, 1869) ; and the acting Trustees, or a majority (not less than three in number), may grant leases of lands which are vested in the Official Tnistee (Sec. 16 of C. T. A. Act, 1855). The form of order by the Charity Commissioners [or Board of Education] under Sec. 21 of C. T. Act, 1853, authorising a mortgage,^ or under Sec. 24 authorising a sale or exchaHge,^ directs that the Official Trustee shall join in the conveyance if the purchaser requires ; but his concuri-ence appears to ho unnecessary in view of Sec. 12 of C. T. Act, 1869 (supra). As to the Official Trustee joining in a conveyance of charity lands sold under the Lands Clauses Act, 1845, see Chap. X., Sec. (11). As to the Official Trustee being a party to Legal Proceedings in re.spect of a Charity see Chap. XV., Sec. (4), (d). It is the practice f)f the Charity Commissioners [and Board of Education] to make it a condition of their cimsent to registi^ation in the Land Registry -Mhat tlic land shall be vested in the Official Trustee.* The Public Tnistee Act, 1906,-^ Sec. 2 (5), provides that the Act shall not abridge or aft'ect the ])owers or duties of the ()nici;il Trustee of Chai-itv Lauds. ' Sec as to this Section Chap. X., Krc. (H). ^ See as to this Section Chap. X., Sees. (11) and ( 12). s See Chsp. X., See. (3). ' 50th Report of Charity ComniisHioufrH, 1903. '■• 6 Edw. VII. c. 55. 134 TRUSTEES AND GOVERNORS. (10) THE OFFICIAL TRUSTEES OF CHARITABLE FUNDS. The Official Trustees of Charitable Funds are appointed by the Charity Commissioners (Sec. 18 of C. T. A. Act, 1855, and Sec. 4 (1) of C. T. Act, 1887). Their power in this respect has been expressly excepted from those transferred to the Board of Education (see Chap, v., Sec. (1)). Annuities, stock, shares, and securities held in trust for a Charity may, where the holders so desire or it appears to be necessai'y for pui'pose of security or convenient administration, be transferred to or deposited with the Official Trustees by Order of the Court (Sec. 51 of C. T. Act, 1858), or of the Charity •Commissioners (Sees. 2 and 4 of C. T. Act, 1860) ; and the payment of principal monies of a Charity to the Official Trustees may be similarly ordered (Sec. 12 of C. T. A. Act, 1855, and Sees. 2 and 4 of C. T. Act, 1860). The Official Trustees may be authorised by the Court (Sec. 12 of C. T. A. Act, 1855), or by the Charity Commissioners (Sees. 2 and 4 of C. T. Act, 1860), to call for a transfer of stock or shares. Trvistees or other persons may, on obtaining an order of the Charity Commissioners, transfer stock or pay money to the Official Trustees (Sec. 22 of C. T. A. Act, 1855). Transfers of stock, shares, and securities, and payments of monies to the Official Trustees, can only be made under an Order of the Court or of the Charity Commissioners (Sec. 25 of the C. T. A. Act, 1855). The advantages of vesting stock, shares, securities, and monies in the Official Trustees are, besides the indemnity afforded to the ordinary Trustees, the avoidance of periodical transfers upon appointments of new Trustees, and of the difficulties occasioned by the death of a sole surviving Trustee. Stock, shares, and securities must be transferred by the Official Trustees as the Court (Sec. 52 of C. T. Act, 1853) or the Charity Commissioners (Sees. 2 and 4 of C. T. Act, 1860) direct. The Charity Commissioners may authorise or order the Official Trustees OFFICIAL TRUSTEES OF CHARITABLE FUNDS. 135 to transfer and pay over stock, funds, monies, and securities (Sec. 37 of C. T. A. Act, 1855). Transfers of stock, shares, and securities by tlie Official Trustees can only be made under the Order of the Court or of the Charity Commissioners (Sec. 25 of C. T. A. Act, 1855). The powers of the Charity Commissioners as regards the ordering transfers to or from the Official Trustees are expressly exempted from those transferi-ed to the Board of Education (see Chap. V., Sec. (1)). Principal monies paid to the Official Trustees- must be forthwith invested (Sec. 23 of C. T. A. Act, 1855). Dividends and income must be paid by the Official Trustees to the Trustees or persons administering the Charity, or otherwise disposed of, as the Court (Sec. 52 of C. T. Act, 1853) or the Charity Commissioners (Sees. 2 and 4 of C. T. Act, 18t)0) direct and arrears of dividends and income may be received and recovered by the Official Trustees under the authority of the Court or Charity Commissioners (Sec. 12 of C. T. Act, 1860). Dividends from stock in the public funds standing in the name of the Official Trustees are to be paid to them free of income tax if certified by the Charity Commissionei-s to be exempt (Sec. 28 of C. T. A. Act, 1855).' Generally as to the banking account of, and conduct of business by, the Official Tm.stees, see Sees. 20 to 28 of C. T. A. Act, 1855, the Treasury Regulations of 27th Maix^h, 1889, and the Charity Commissionei's' Memorandum (Form 93). As to the Official Trustees being parties (o proceedings in respect of a Charity see Chap. XV., Sec. (4) (d). Sec. 8 of the Tmstee Act, 1888,- enabling Trustees to plead the Statute of Limitations, does not apply to the Official Trustees (Sec. 1 (3) of the Act). The Public Trustee Act, 1906,'' Sec. 2 (5), provides that the Act shall not abriilge or aifect the powers and duties of the Official Trustees of Charitable Funds. ' And Hee Chap. XI., Sec. 4 (e). - 5 J & 52 Vict. c. 59. •«6 Efhv. VII. c. 55. 136 TRUSTEES AND GOVERNORS. (11) THE JUDICIAL TRUSTEE. The Judicial Trustees Act, 1896,i does not apply to any Charity i (Sec. 6 of the Act). (12) THE PUBLIC TRUSTEE. By Sec. 2 (5) of the Public Trustee Act, 1906,2 it is enacted that the Public Trustee shall not accept any trust exclusively for religious or charitable purposes, and that nothing in the Act shall abridge or affect the powers or duties of the Official Trustee of Charity Lands or the Official Trustees of Charitable Funds. 1 59 & 60 Vict. c. 35. - 6 Edw. VII. c. 55. ACQUISITION AND USER OF SCHOOL PREMISES. 137 CHAPTEK IX. THE ACQUISITION AND USER OF PREMISES FOR SCHOOL PURPOSES. (1) INTRODUCTORY. It will be necessary foi' tlinse who pi-opose to acquire or use pai-ticular premises for Scliool purposes (below referied to for brevity as "'the School premises"') to consider numerous questions under various heads, as follows (the heads being here numbered to correspond with tlie sections of tin's chapter in which they are discussed) : — (2) The Legal Capacily tn acquire and hold La)id for Schmd Purposes. — Are the parties who desire to acquire the School jn-emises either (a) a Corporation (including jji tliat term a Local Authority), or (b) Ti'ustees ? If so, how fai' is the position affected by the Laws (jf Morf iii;iiii ;iii(l (if ('li;i ritable Uses res])cctively ? (3) Niiisutice. — Will the cii i-i y iiii;' on of a ScliodI i>n the School premises be actionable as a nuisance P (4) /w'f/A/ (iiid Air.— (u) lias the owner 2 of Conveyancing Act, 1H81 (44 & 45 Vict. c. 41). ■''See ivfra, p. 142. •'See infra, p. 1 4;^ ■' 2 it 3 Win. IV'. c. 71.^ 'I'his Statute overridc's cxiatin;;' customs such as those of London and York wliereby ancient lights could be obstructed. 'J'he Act does not extend to Scotland, but does to Ireland, by virtue of 21 & 22 Vict. c. 42. ' Infra, p. 144. 142 ACQUISITION AND USER OF SCHOOL PREMISES. As to obtaining a right to extraordinary light for special purposes {e.g. for arts or ci'afts) by Prescription, see Lazarus V. The Artistic PJiotogra.phic Co. (1897, 2 Ch. 214), or by Grant (expi'ess or implied) see Herz v. Union Bank (1859, 2 Giif. 686). It is proposed to subjoin some special remarks on two of the subjects above referred to : viz. — " Continuous and Apparent Easements " and " Prescription." (b) Implied Grant of Continuous and Apparent Easements. Inasmuch as an Easement can be enjoyed only by the OM'ner of one (the dominant) tenement over the owner of another (the servient) tenement, the rights which an owner enjoys as to one part of his property over another are not Easements but merely proprietary rights (Cloddard on Easements, 6th ed., p. 17). When once, how- ever, there is severance by conveyance of part of the property to another, an Easement, if not expressly granted with the part conveyed, or reserved to the part retained, as the case may be (see supra, p. 141), may spring into existence for tlie enjoyment of the part conveyed over the part retained, or vice versa, under the doctrine of implied grant of continuous and apparent easements. This doctrine is not confined to light and air, and was thus stated by Thesiger, L. J., in Wheeldon v. Burroics, 1879, 12 Ch. D. 49 :— " On the grant by the owner of a tenement of part of that tenement, as it is then used and enjoyed, there will pass to the grantee all those continuous and apparent easements (by which, of course, I mean quasi- easements), or, in other words, all those easements which are necessary to the reasonable enjoyment of the property gTanted, and which have been, and are at the time of the grant, used by the owners of the entirety for the benefit of the part granted."' In Allen v. Taylor. 1880, 16 Ch. D. 857. Jessel, M. R., said " . . . . where a man grants a house in Avhich there are windows, neither he nor anybody claiming under him can stop up the windows or destroy the lights .... I take it also that, if a man who has a house and land grants the land first, reserving the house, the purchaser of the land can block up the windows of the house." It follows from this doctrine RIGHTS (^F LIGHT AND AIR. 143 (a) that a right can at once be obtained under it which under the doctrine of prescription could only accrue by lapse of time; (b) that. where a landlord grants a lease of part of his land, the lessee may thereby obtain rights over the part retained by the landlord (Hall V. Lund, 1863, 1 H. & C. 676) ; and (r) that where a landlord grants leases of portions of his land, the lessee of one such portion may obtain rights over another such portion {Bighy V. Bennett, 1882, 21 Ch. D. 559). As to what rights pass in a conveyance see Sec. 6 of Conveyancing Act, 1881.^ See also generally, Beddington v. Atthe, 1887, 35 Ch. D. 317. (c) Prescriptive Rights of Light and Air. The doctrine of the prescriptive right to light and air at Common Law {sup., p. 141) may be stated thus : — If for twenty years uninterruptedly X (that designation including his successors) has enjoyed light and air over the land of Y (that designation including his successors) owing to Y not having exercised his proprietary right to build as he pleases on his own land, then X acquires a right of light and air over Y's land, in other words a right to cui'tail Y's rights ; and X's right is based on the principle that if Y l)uikLs so as to intei'fere unduly with what X has so long enjoyed, that amounts to an actionable nuisance. The right, however, which X obtains is not to all the lif^ht and air wliich ho has been enjoying, bat only to so niucli of it ab will suffice foi- the ordinary |uii|ii>scs of inhabitancy or hu.siness according to tlic onlinary notions of mankind, and having i-cfj-aid to the locality and suri'oniidings. the test l)eing not what ivS taken but wliat is left; and in the case of a lousiness what is left itMist be suflicient to enable it to be cari-icd on as beneticially as l.efore {Colls v. Hovie and Colonial Stores, 1904, A. C. 179; Higgins V. Hf'tts. 1905, 2 Ch. 210; Jolly v. Kim', 1907, A. C. 1). "The consent oi- tiie acquiescence of th(^ owner of the servient tenement lies ,'it the root of prescript ion and of tlie licli(jn of a lost gi-ant A man cannot, as a general rule, be said ' 44. & 45 Vict. c. 41. 144 ACQUISITION AND USER OF SCHOOL PREMISES. to consent to or acquiesce in the acquisition by his neighbour of an easement through an enjo^-ment of which he has no knowledge, actual or constructive, or which he contests and endeavours to interrupt or which he temporarily licences ; an enjoyment which a man cannot prevent raises no presumption of consent or acquiescence" (Sturges v. Bridgmau, 1879, 11 Ch. D. 863). Sec. 3 of the Prescription Act {sup., p. 141), enacts that " Avhen the access and use of light to and for any dwelling-house, workshop, or other building shall have been actually enjoyed therewith for the full period of twenty years without interruption, the right thei'eto shall be deemed absolute and indefeasible, any local usage or custom to the contraay notwithstanding, unless it shall appear that the same was enjoyed by some consent or agreement expressly made or given for that purpose by deed or writing." Sec. 4 enacts that the period of twenty years " shall be deemed and taken to be the period next befoi-e some suit or action wherein the claim or matter to whicli such period may relate shall have been or shall be brought into question ; and no act or other matter shall be deemed to be an interruption .... unless the same shall have been or shall be submitted to or acquiesced in for one year after the party interrupted shall have had or shall have notice thereof, and of the person making or authorising the same to be made." But the right under Sec. 3 is not "absolute and indefeasible," even after the twenty years uninterrupted enjoyment, unless and until, under Sec. 4, some action or suit is commenced in which this right is called in question ; until that occurs, the right remains inchoate, and, in an action to restrain interference with light, the only material period to be considered is tlie period of twenty years prior to the issue of the writ (Hi/vian v. Van den Bergh, 1908, 1 Ch. 167).^ It follows that a '"consent or agreement" given or made after twenty years of uninterrupted enjoyment but before action commenced will lie fatal to the acquisition of the right (ibid.). Such a consent or agreement is binding on the landlord if given by his tenant (ibid. 173). ' Tlie same case also decided (at p. 177) that tin's effect of Sees. 3 and 4 cannot: be avoided by pleading lost grant (s<^e as to this plea supra, p. 141). RIGHTS OF LIGHT AND AIR. 145 The cousequence of the provision in Sec. 4 that interruption, to be effective, must be for one year, is that if the owner oF tlie dominant tenement has been in enjoyment for evei- so little more than nineteen years before action commenced, his riglit is assured {Flight V. Thomas; 1841, 8 CI. & Fin. 281; Eaton v. Swansea Waterworks Co., 1851, 17 Q. B. 272j ; but the Court will not interfere to protect him until tlie whole twenty years have lapsed (Bridewell Hospital v. Ward, 1892, 62 L. .). Ch. 270; Battersea v. Commrs. of Sewers, 1895. 2 Ch. 708). Under Sec. 3 a lessee nuiy acquire a right of light against the lessee of an adjoining tenement holding from the same landlord, and also aerainst the landlord and all succeediiiu- owners of the tenement (Freu-en v. FhilUps, 1861. 11 (.). B., N. S. 449 ; Mitchell. v. Cantrill, 1887, 37 Ch. D. 56 : Bohson v. Edwards, 1893, 2 Ch. 146 ; Fear v. Morgan, 1907. A. C. 425). As to prescriptive rights of light not l)eing obtainable against the Crown under Sec. 3 see Wheaton v. Maple (1893, 3 C'h. 48) and Perry v. Fames (1891, 1 Ch. 658). It follows from the law stated in Sturges v. liridgmaii (p. 144, supra) that, if X is the owner of a building on a site adjoininu Y's premises, and is in actual enjoyment of light and air over ihr latter, without having as yet obtained a prescriptive right to the same, Y should either obstruct X's enjoyment, or should obtain from him a written acknowledgment that his enjoyment is only by licence of Y, .so as to prevent tinu' ninning in his favour. The following propositions with regai-d to the nature of such an acknowledgment may be laid down as the effect of the judgments in fiewleij v. Atkinson, 1879, 1.) (Mi. D. 283, iind (IreenluiUjh v. lirindley, 1901, 2 Vh. 324:— (1) The document end)odying the acknowl('ss of {)i-ivacy or amenity by the opening of windows in a ricighlnnning house {Chandler v. 'rhornpson, 1811, 3 Camp. 80; Tnrucr v. Sjjooner, 1861, 30 L. .) . Ch. 803; Tapliiitj V. Jonen, 1865, 11 H. L. C. 290; cf. Polls v. i^milh, 1868, 6 Eq. 318) iinlesK there is an expiess c(nenant {Manners v. Johnson, 1875, 1 Ch. I). 673j. ' Unity of Seisin will not, taiiHe the extinction ol iiii casement of ancient light iinleSH then; iH also unity of poH8C8Hion and enjoyuient ( Hiclianlson r. Grahfini, I'JOH, I K. 15. :«)). - For tlie K'ncral law Heo Home special treatiwo on llie Law of Easements. As to contiimous and iip[)arent easementH and extinction of easements, /;/. supra, \i]i. II-!, 1 t*>. 148 ACQUISITION AND USER .OF SCHOOL PREMISES. A g-rant of a right of way over certain land to tlie owner of adjoining premises and his " visitors "' to the intent that it should be appurtenant to such premises, thej being at the time of the grant in fact used as a Griids' School, was held to extend to the pupils of the School (Thornton v. Little, 1907, W. X. m). An easement may not be so used as to increase the burden of the servient tenement oi' to cause inconvenience or injury to the owner thereof (Tudor's Leading Cases, 4th ed., 793, 794) ; and it would, therefore, seem that the objections raised by the residents of a square to tlie unrestricted user of the garden of the square by the mistresses and gii'ls of a large day School carried on in buildings in the square (in a case which came to the Aiithor's notice) was well founded. (6) RESTRICTIVE COVENANTS AFFECTING THE CARRYING ON OF A SCHOOL. (a) Outline of the General Law of Restrictive Covenants. In view of the frequency of covenants, the terms of which either specifically or by their general effect are directed against carrying on Schools in particular premises, or the terms of which may interfere with the erection oi- extension of school buildings thereon, it will be necessaiy to considei- some of the general principles governing the law of restrictive covenants. If a restrictive or negative covenant is intended to be not merely personal liut to impose a burden on land, then the burden of the covenant, when validly created, does not run with the land at law, but the covenant l)inds the land in equity, and can be enforced against successive owners, subject only to the limitation that, being a right in equity, it cannot be enforced against a hand fide purchaser of the legal estate for value if he purchased without notice of the covenant (Tnik v. Moxhay, 1848, 2 Pli. 774 ; L. cV S. W. Bij. v. Gomm, 1882, 20 Ch. D. 583; Ue Nishet ami Potts' RESTRICTIVE COVENAJ^TS AFFECTING CARRYING ON SCHOOL. 149 Contract, 1906, 1 Ch. 386). The law as above stated can be equaliv enforced against a lessee (Hollotcay v. Hill, 1902, 2 Ch. 612), or sublessee (John Bros. v. Holmes, 1900, 1 Cli. 188), or yearly tenant (Wilson V. Hart, 1866, 1 Ch. 463), or occupier (Mander v. FalcJce, 1891, 2 Ch. 554). But if a purchaser, by agreement with his vendor, chooses to take less than the title for which he has a right to call, he cannot, by so limiting his investigation, escape being affected with notice of the restrictive covenant {lie Cox mid Neve's Contract, 1891, 2 Ch. 109 ; Be Xisbet and Potts' Contract, sup.), in other words, a purchasei- has constructive notice of everything which an investigation of the usual title would have revealed ' ; and he may even be affected before the contract of sale with notice of anything which the vendor takes the proper steps to bring to his notice (Ee White and Smith's Contract, 1896, 1 Ch. 637 ; Molynen.v V. Haivtrey, 1903, 2 K. B. 487). As to the constructive notice with which j)er,sons acquiring leasehold interests are affected see infra, p. 154. As to the extent to which restrictive covenants bind Local Authorities on appropriation by them of land foi' jiuiposes of >Schools see Chap. VI., Sec. (3) (j). The result of purchasing the legal estate for value without notice of the restriction is tliat the restriction is thenceforth gone {Nottingham Fatent Brick Co. v. Butler, 1886, 16 q. B. I). 787, 788). The benefit of a restrictive covenant does not extend further than the oiiginal covenantee, unless a clear intention can be ■ shown that such benefit should pass to purchasers from hiiu {lienuls V. ) ■ and it was laid d..wii ill liofjers v. Ilosgood (1900, 2 Cti. 388j tliat when once tiie benefit has been annexed to the land thei'c is a. ]>rcsumpti()n that if passes to the assignee of the land, and if may be said to run with it in eipiity as well as at hiw. nor- (h>es (lir |MiichHsei-"s ignorance of the covenant affect the pi-esunijttion. Again, where ' As to what amounts to notice see Sec. 3 of Convpynnoinp Act, 1882 <45 ft 'Wi Vict. p. 39) ; nn' Wliife and Smith's Cuntmcf, 1896, I Ch. 637) ' ; and the vendor is not protected by conditions against objections in respect of title prior to the root (Phillips v. Caldcleugh, S7tp.), or by conditions stating that the property is sokl subject to any matter or thing affecting it, and that there shall be no compensation for errors or omissions (ibid.), oi by general conditions so worded as 1o cover a known defect which is not specitically mentioned (Edwards V. Wickwar. 1865. 1 Eii- (iS) ; nor is the vendor protected by the purchaser knowing of defects, if he has in fact expressly contracted for a good title (Cata v. Thompson, sup.) ; but secus, if the purchaser knew that a good title could not be made (Ellis v. Rogers, 1885, 29 Ch. D. 661). As to notice, on a sale of a lease, of unusixal and onerous covenants in tlie lease see infra, p. 154. (b) The Terms of Particular Covenants considered. A covenant '■ not to do anything which may be deemed to be a nuisance " was lield to refei" to nuisance in the legal sense and not to a mei'e annoyance, even though the property of the party suing on the covenant was thereby depreciated (Harrison v. Good,^ 1871, 11 Eq. 338). But see Tod-Heatly v. Benham, 1888, 40 Ch. D. 80, where the above interpretation of the word "nuisance" in the covenant was questioned. The carrying on of a School in an ordinary and reasonable way is a breach of a covenant not to carry on certain offensive and noisy ti'ades and bnsines.ses oi' "' any ti-ade oi- business or occupation whereby any iiijuiions. offensive, or disagreeable noise or niii.sance shall (jr may be occasioned, caused, oi' made" (Wauton V. Coppard, 1«99, 1 Ch. 92). A covenant not to carry on any of several noxious or objectionable trades and em]>loyments oi- "any otliei- manufacture, trade, business, or employment whatsoever, or commit, pnniit, or suffer any nuisance or annoyance whatsoever," and to use the preniiscss " solely as and for- a private dwelling house" is broken hy carrying on a Girls' School {Johnstone v. Hall. 1856. 2 K. A J. 414). ' See also Greonhalgli v. Uriiidluy (1901, 2 Cli. ■.',2\). 152 ACQUISITION AND USER OF SCHOOL PREMISES. A covenant not to use or occupy a house " otherwise than as a private residence only and not for any purposes of trade" was held to he broken by the erection of a building for the education and lodging of girls (of whom there were one hundred) in connection with a cliaritable institution for the daughters of missionaries (German v. Chapman, 1877, 7 Ch. U. 271). A covenant not to " carry on any trade, businesss, or calling or otherwise use or suffer " the premises " to be used to the annoyance, nuisance, or injury " of any of the houses on the estate, is broken by carrying on a Gu-ls' School {KevipY. Sober. 1851, 1 Si.. N. S. 517, where the Court apparently relied mainly on tlie word " business "). A covenant not to " use m- exercise or permit oi- suffer to be used oi- exercised any trade or business" is broken by carrying on a Boys' School of fifty boys (Doe y. Keeling, 1813, 1 M. & S. 95, V,9). As incidental to the question whether water Avas supplied for "business" or for "domestic" purposes within the meaning of the Waterworks Clauses Acts (Chap. X., Sec. (15)), it has been held that the carrying on of a School is the carrying on of a business {Barnard Castle U. D. C. v. Wilson, 1902, 2 Ch. 746, 755; /S'. Western Suburban Water Co. v. St. MaryJebone Fnion. 1904, 2 K. B. 174, 180). A covenant not to carry on any " public trade oi- business " but to use as a "private dwelling house only " is broken by can-ying on a Dancing and Music Academy for Girls (Wickenden v. Webster, 1856, 6 E. & B. 387). (7) LEASEHOLD TENURE OF SCHOOL PREMISES. The question of the benefit and burden of covenants, affirmative and negative (apart from the equitable doctrine of notice in connection with restrictive covenants, which, as stated on p. 149, extends to leases), necessai'ily enters more largely into the relation- ship of Landlord and Tenant than into that of Vendor and Purchaser. LEASEHOLD TENURE OF SCHOOL PREMISES. 153 Fof an exhaustive discussion of the law a])peitaining to the former I'elationship see 1 Smith's Leading Cases, 11th ed., ])p. 61 to 75 ( Spencer s Case ) . In the absence of specific contract, the right of the person who acquires a leasehohl interest to call for a title is restricted. The following are the various devolutions of leasehold interests : — (1) P^reeholder, as Lessor, grants head lease to Lessee, who may assign head lease to assignee of head lease ; (2) Lessee, or assignee of head lease, as suh-lessor. may grant sub-lease to snh-Iessee, who may assign sub-lease to assignee of snh-lease ; (3) Sub-lessee, or assignee of sub-lease, as snb-suJi-lessor, may grant sub-sub-lease to snh-sub-lessee, who may assign sub-sub-lease to assignee of sab-sub-lease : and so on. Under an open contract the title of the freeholder can be called for by none of the above devolutionaries (Vendor and Purchasers Act, 1874,^ Sec. 2 (1) ) : the assignee of the sub-lease cannot call for the head lease oi- the assignments theieof, and the assignee of the sub-sub-lease cannot call for the sub-lease or tin? assignments thereof (Conveyancing Act, 1881, Sec. 3 (1) )~ ; and the sub-sub-lessee cannot call for the head lease or the assignments thereof (ibid.. Sec. 13 (1) ). It follows that=*:— (1) 1'lie assignee of flio head lease can call for tiic head lease ; (2) The sub-lessee can call for the heail lease and llie assigimiciit thereof to the sub-lessor; (3) 'I'lie suh-sub-lessee can call for the sub-lease and the assignment thereof to the sub-sub-lessor ; ' 37 A 38 Vict. c. 7H. ■= 44 * 45 Vift. c. 41 ; see also Sec. 3 (4) and (5) of tlio Act. ' See as to (2) to (5.) Gasliiig i'. Woolf, 1H92, 11 W. 1! 10(i (1«93, 1 Q. 15. 39). 154 ACQUISITION AND USER OF SCHOOL PREMISES. (4) The assignee of the sub-lease can call for the sub-lease : (5) The assignee of the sub- sub-lease can call for the sub-sub-lease ; but (6) Of mesne assignments, only those made during the last forty years can be called for (see Williams V. Spnrgo. 1893, W. X. 100) ; and (7) Each devolutionary Avill, in consequence of submitting to an open contract, be in the same position with regard to notice as if he had, before the above legis- lation, stipulated not to inquire into the usual title (see Patmav v. Harland, 1881, 17 Ch. D. 353 ; cf. Wilson V. Hart, 1866, 1 Ch. 463; and cf. supra, p. 149). But, on a sale of a lease containing unusual and onerous coYenants, it is the duty of the vendor, before the contract is made, to disclose the existence of the covenant to a purchaser ignorant of them ; and if lie does not give the purchaser express notice, he must, in order to affect him with notice, shew that he gave him such an opportunity of acquainting himself w-ith the terms of the lease under such circumstances that he ought reasonably to have done so (Re White and Smith's Contract, 1896, 1 Ch. 637; Molyneusc v. Hau'tre,j, 1903, 2 K. B. 487). The vendor is not relieved from this duty by reason of the contract stating that his title is accepted by the purchaser {Be Haedicke and Lipskis Contract, 1901, 2 Ch. 666). When School premises are acquired on lease, it may be desirable, having regard to the advantage to a School, and to tlie necessity to an endowed School of its existence being perpetuated, to obtain from the lessor a covenant either for renewal or for sale of the reversion. The assignees of the reversion will not. how'ever, be bound by the covenant for sale (WoodaU v. Clifton. 190ii, 2 Ch. 257), thoiigh they will be bound by the covenant for renewal {ibid. 279; 1 Smith's Leading Cases, 11th ed., p. 6S ; cf. Midler v. Trafford, 1901, 1 Ch. 54) ; and, if the covenant for sale infringes the rule against perpetuities, the lessee cannot enforce specific performance of it by the lessor {WoodaU v. Clifton, sup.), even though the purposes be charitable {Worthing Corpn. v. Heather. JUKISDICTIOX. &c., EXERCISED BY VARIOUS AUTHORITIES. 155 1906, 2 Cli. 532) : but he can recover damages against the lessor for breach of his coA-euant (ibid.). Bj Sec. 17 of the Ecclesiastical Commissioners Act, 1860,^ small portions of Church Estates which are leased for the purposes of Schools, may, in cases where the leases are usually i^enewed for such purposes without fine, be conveyed absolutely to trustees for the Schools without consideration. Buildings taken on lease for School |)urposes usually require structui'al alterations involving the consent of the le.ssor. School fittings such as desks, laboratory equipment, and gymnasium apparatus may be in the nature of '"tenant's fixtures.' The law as to such fixtures will be found in Woodfall on Landlord and Tenant, 18th ed.. pp. 715 to 725, and 2 Smitli's Leading Cases llth ed., pp. 209 to 224, and is briefly as follows: — A fixtui-e is not necessarily fastened to the freehold, nor is everything fastened to the freehold a fixture. Generally speaking, all fixtures, whether affixed by the freeholder or a tenant, become a permanent part of the freehold, but, by custom, a tenant may, durin" his tenancy, remove fixtures which he has affixed for purposes of (a) Trade, (b) Agricultui'e, or (c) Ornament or Convenience. As to taking leases under the C. T. Acts see infra, ])[*. 157, 158. See also Mortmain and Charitable Uses Acts ([tp. t)4, 73). (8) JURISDICTION AS TO ACQUISITION AND USER OF PREMISES, AND AS TO BUILDINGS AND EQUIPMENT EXERCISED BY VARIOUS AUTHORITIES. (a) The Court's jurisdiction over Endowed Schools. The jurisdiction of the Court as to premise.s and buildings is part of the inherent jurisdiction whicli it has in Charity matters, and, therefore, over Endowed Scl Is ; bnl its jiui.sdiction has been practically supei-seded by that of the Charity Commissioners and Board of Education (see pp. 2, 3, 34). ' 23 & 24 Vict. C-. 121. 156 ACQUISITION AND USER OF SCHOOL PREMISES. Even though the requirements of the Mortmain and Charitable Uses Acts (see Chap. IV.) are complied with, the Court has refused to permit the purchase of land with Charity monies unless it was satisfied that such purchase was manifestly beneficial to the Charity {Vanglian v. Farrer, 1750, 2 Ves. S. 188; .4. G. v. Highgate School, 1845, 14 L. J., Ch. 425, where money was allowed to be raised by mortgage for paying oif existing mortgages and purchasing land for new biiildings ; Re Manchcsfer Netv CoU., 1853, 16 B. 610, where a School was allowed to be removed : Re Colston s Hospital, 1859, 27 B. 16, where there was a similar permission). The Court has disapproved of the purchase of land under very special conditions of sale (Be Christ's Hospital, 1864, 2 H. and M. 166). (b) The Board of Education's jurisdiction over Endowed Schools.^ The jurisdiction here referred to is that confei'red by the Charitable Trusts Acts and Endowed Schools Acts.- The Chai'itable Trusts Acts do not expressly empower the Charity Commissioners to make orders authorising the purchase of land; but Sec. 15 of C. T. Act, 1860, enables the Charity Commissioners [and Board of Education] to apply Charity monies to any object which they shall consider beneficial to the Charity ; and it is their practice to make orders, under the section, authorising the purchase of lands upon receipt of a satisfactory valuation and report made by the Charity's Surveyor, accompanied by a Certificate signed by the Charity's Solicitors of the sufficiency of the title. Moreovei-, under Sec. 2 of C. T. Act, 1860, which empowers the Charity Commissioners [and Board of Education] to establish Schemes, it is their practice to insert in such Schemes provi.sions as to the purchase of land. ' Apart from the Board's Building Regulations for such Schools ; so infra, p. 158. - See as to these Acts Chap. III. : and see as to the Board's fnuctions thereunder Chap. V. JURISDICTION, &c., EXERCISED BY VARIOUS AUTHORITIES. 157 Again, under Sec. 27 of C. T. Act, 1853, and Sec. 41 of C. T. A. Act. 1855, Charity Tru.stees may, with the sanction of the Chai'ity Commissioners [and Board of Education], purchase sites from owners under disability, according- to the provisions of the Lands Clauses Act. 1845.1 And under Sec. 35 of C. T. A. Act, 1855. money arising from a sale, exchange, oi- jiartition may be re-invested in the purchase of land. The provisions in the C. T. Acts do not enable Chniity Trustees \sho purchase laud to escape the i-equirements as to assurances to Charitable Uses contained in t\\v Mortmain and Charitable Uses Acts, although the above-mentioned sections empowering- purchase of lands do exempt them fi'oin the Mortmain i-estrictions ill the Acts (see Chap. TV.). The acquisition of a new School site may be authorised bv the Board of Education, if beneficial to the School, undci- lin- ])owers of sale and exchange contained in See. 24 of C. T. Act, 1853 ; and is within the general powers as to Schemes given to the l'...ard liy Sec. 9 of End. Sch. Act, 1869 (Re Free Gr. Sch. ^c. at Ihmm-orth, 1887, 12 A. C. 444). As to exchanges and partitions see Chap. X. As to purchase of reut charges see Chap. X., Sec. (7). Under Sec. 21 of C. T. Act, 1853, the Charity Commissioners [and Board of Education] may authorise the erection, repair, iind alteration of Ituildings, and the rebuilding or removal of existing l)uildings. Under Sec. 55 of End. Sch. Act, 1869, the written pei-niission of the Board of Education is required before School Authorities can begin to build or to re-build or enlarge buildings of Endowcil Schools, unless the same has been authorised by a Schenu; undei- the End. Sch. Acts. The Charitable Trusts Acts contain no restrictions as to t In- taking of leases, and the authoi-ity of the Cliarity CoiniiiissioMcrs [and Board of Education] need not, therefore, be sought for the purpose, though it may be invoked, and can be exercised under ' K &. y Vict. c. 18. 158 ACQUISITION AND USER OF SCHOOL PREMISES. the above-mentioned Sees. 2 and 15 of C. T. Act, 1860. The -Charity Commissioners [and Board of Education] do not favour leasehold tenure in land, in view of the permanency essential to most charitable undertakings. On the other hand there is an advantage in a short term if a School has to be removed, after a comparatively short time, owing to the change in the ■character of the neighbourhood iov which the School was provided, j()r to an increase in numbers. (c) The Board of Education's jurisdiction over Grant-aided Schools.^ The following Regulations as to sites, buildings, and equipment ■are contained in the Board of Education Regulations for Secondary :Schools~ : — Art. 13 (h). — The number of pupils taught together at one time must not as a rule exceed thirty, and must in no case exceed thirty-five.-^ Art. 29. — The School premises must be sanitary, convenient for teaching purposes, adapted to the circumstances of the School, and provided with adequate equipment and appliances for the approved curriculum. Suitable provision should be made for organised games. The plans of both site and buildings for new Schools or enlargement of existing Scliools must be submitted to the Board for approval. Art. 51. — The Board will determine the efficiency of The School by inspection,'' and must be satisfied that the School .... possesses adequate premises and equipment. The inspection will be an inspection of both premises and instruction. The former will include sanitary arrangements, provision for recreation, and arrangements for the boarding of teachers and pupils The inspection will be without charge. (d) The Board of Education's Building and Sanitary Regula- tions for Endowed Schools and Grant-aided Schools.' The Regulations in question form a separate publication under the title of " Building Regulations for Secondary Schools and Pupil Teacher Centres, being Principles to be Observed in Designing 1 As to the Board's Building Regulations for such Schools see infra. "^ See as to these Regulations generally Chap. V. •'The effect of this Regulation is that, where these numbers have been .exceeded, the number of class-rooms may have to be increased. " See as to Inspection generally Chap. V. •'• See as to Grants generally Chap. V. JURISDICTION, &c:, EXERCISED BY VARIOUS AUTHORITIES. 159 and Fitting up New Buildings, Rules as to Construction, &c., and certain Requirements as to Plans, Specifications, and Estimates," and they deal with all such matters as number, shape, and height of rooms : floor space per pupil ; light ; air ; ventilation ; position of doors, windows, and fireplaces ; and arrangement of desks and benches, &c., &c. These matters are provided for in the Regulations both generally and in special reference to the various rooms. It is stated, however, in the prefatory note to the Regulations, that they do not constitute a standard by which existing premises can be judged : that they ai-e plainly unsuitable for any rigid application to proposals for enlarging or otherwise improving existing buildings ; and that such cases must be dealt with individually as thev ai-ise, with reasonable regard to the principles set forth in the Regulations. The " Table of Contents "' prefixed to the Regulations are here appended, as showing the gi-ound which the Regulations cover. 1. — Pri.n'ciple of De.>. Sick Rooms and Infirmaries. Ifi. Hi-ad Master's House. 17. Hoarding Houses. II. Rules a.s to Hy(;iemc and Sanitary Conditions, Con.stru< tion ok Fabric, and Safety of Scholars in Ca.se ok K,mergency. 1. Sites, Playf^ronnds, or Playinfr Fiddsi. 2. Walls. Floors, and Roof. 3. Entrances. 4. Staircase. .5. Cloakrooms and Lavatories. ("). I.iglitiiifr. 7. Ventilation. 160 ACQUISITION AND USER OF SCHOOL PREMISES. 8. Wanning. 9. Closets. 10. Drains. 11. Bath Rooms. 113. Water Supply. III.— Requirement.s as to Pl.\\s, &c. XY. CoxnTTioxs OF Rfxognition ok Nkw Building.s. (e) Local Authorities. See as to the jurisdiction of Local Aiitliorities in respect of School premises Chap. VI., p. 98. (f) Visitors. See as to the jurisdiction of Visitors in respect of School premises, &c., Chap. VII., p. 110. (9) ACQUISITION OF PREMISES BY THE SEVEN "PUBLIC" SCHOOLS. In addition to the general power to acquire land without Licence of Mortmain, which is conferred by Sec. oof Public Sch. Act, 1868, and Sec. 2 of Public Sch. Act, 1869, Schemes might be niade^ for exchanges and purchases of land under the provisions of Sec. 21 of the Act of 1868, and for the renu)val of Shrewsbury and Westminster Schools to new sites by Sees. 26 and 32 respectively (see Chap. III.). . (10) FORMALITIES IN ASSURANCE OF PROPERTY FOR SCHOOL PURPOSES. As to the vesting of C'harity property in I'rustees and in the Official Trustees see pp. 13, 31, 32, 47, and 131 to 135; and see pp. 118 to 121 (appointment of Trustees; the enactments as to which ])rovide for the vesting of property in the new Trustees). As to enrolment and as to registration in the Land Registry see Chap. X. As to attestation and other formalities required by the Mortmain and Charitable Uses Acts see Chap. IV. MANAGEMENT AND DISPOSITION OF SCHOOL PROPERTY. 161 CHAPTER X. THE MANAGEMENT AND DISPOSITION OF SCHOOL PROPERTY. (1) INTRODUCTORY. The restrietious and requirements which attach to the acquisition and user of premises for School |nir])o.se.s having been discussed in the previous chapter, the question for consideration in the present one will be the management and disposition of (a) the premises when once they are duly acquired and in use, and (b) School property in general. As to the extent of the interference with Trustees and Governors in these matters by the Court, Boai'd of Education, and other bodies see Chap. A'lil.. Sec. (8). (2) ENROLMENT OF DOCUMENTS. Under Sec. 42 of the C. T. A. Act, 1855, any document relating to any Charity may be enrolled by the Charity Commissioners in books at their office, and copies made from such books are to be evidence of the contents of such document. As to enrolment under the Mori main and Charitable Uses Acts 866 Chap. IV., Sec. (4). (3) THE LAND REGISTRY. A voluntary system of registration of title to hmd lins been in operation since 1862, first under the Land Kegi.stry Act, 18G2,' and then undoi- tlie Land Transfer Act, 1875.- 'I'lie Act of 1S75 ' 25 & 26 Vict. c. 53. No now rpgistrationa could be applied for under ti.ia Act after Ist .January, 1876 (Sec. 125 of 38 & 3!) Vict. c. 87). - 3H & 39 Vict. c. 87. II 162 MANAGEMENT AND DISPOSITION OF SCHOOL PROPERTY. was amended hj the Land Transfer Act, 1897,^ whicli enables registration to be made compulsory under Orders in Council within a limited area, which is to be extended if and as compulsory registration proves successful. Under successive Orders in Council, registration has been made compulsory on sale in all parts of the County of London. The procedure under the Acts of 1875 and 1897 is regulated by the Land Transfer Rules, 1903. By Rules 68 to 70 provision is made for the application of the Act of 1897 to the grants and assignments of leases and underleases. Where a Charity claims to be registered as proprietor of land, an entry is made in the Register and Land Certificate that such Charity is restrained from any disposition of the land except with the consent of the Charity Commissioners [or Board of Education], or an order of the Registrar (Land Transfer Rules, 1903, Rule 83, and 1st Sch., Form 13 ; cf. A. G. v. National Hospital, 8fc., 1904, 2 Ch. 259, 260; and Ex p. The Church Army, 1905, W. N. 127). See also Rules 84, 85, 86, 145, 146, and 150. The practice of the Charity Commissioners is to make it a condition of their consent to registration, where such consent is necessary, that the land should be vested in the Official Trustee.- (4) ACCOUNTS, RECORDS, AND RETURNS. Charitable Trusts Acts '■^ : — In connection with the inquisitorial powers in respect of Charities given by Sec. 9 of C. T. Act, 1853, to the Charity Commissioners [and Board of Education], Sec. 10 of C. T. Act, 1853, and Sec. 6 of C. T. A. Act, 1855, empower them and their officers to require the rendering and verifying of Accounts and Statements; Sec. 11 of C. T. Act, 1853, empowers them to call for copies and extracts of documents, and to search public registers and recoi'ds ; See. 12 of C. T. Act, 1853, and Sec. 7 of 1 60 & 61 Vict. c. 65. - See 50th Report of Charity Commissioners, 1903. ^ See as to these Acts Cha]). III. ACCOUNTS, RECORDS, AND RETURNS. 163 C. T. A. Act, 1855, empower them and theii' officers to i-equire the attendance of witnesses for the purpose of producing documents and of examining such witnesses ; and Sees. 13 and 14 of C. T. Act, 1853, and Sec. 9 of C. T. A. Act, 1855, state the penalties for concealment, false evidence, or refusal to comply with the above requii-ements. Persons claiming adversely to the Charity {i.e. persons having a real adverse claim ; see lie Sir liobert PeeVs School at Tamworth, 1868, 3 Ch. 550) are, however, exempted by Sec. 15 of C. T. Act, 1853, and Sec. 6 of C. T. A. Act, 1855, from the requirements in question. Sec. 61 of C. T. Act, 1853, and Sees. 44 and 45 of C. T. A. Act, 1855, provide for keeping and annually furnishing accounts of monies and estates to the Charity Commissioners [or Board of Education] by Trustees of Charities. The rendering of accounts by Trustees to the Charity Commissioners [or Board of Education] is none the less obligatory because the Trustees have discretionary poAvcrs to deal with funds (Be Gilchrist Educational Trust, 1895, 1 Cli. 367). Ptthlic Schools Act, 1868'^ : — Sec. 12 requires that the charges for maintenance and education at the seven " Public " Schools shall be kept separate. See also, as to accounts, &c., Sec. 18 (p. 58). Board of Education Regulations for Secondary Schools ~ : — Art. '21 requires records to be kept of the pupils in tlie manner specified therein. The Board supply a form of Register for the j)iir])oses of Art. 21, and another form for keeping records of the staff, both forms being designed with Uk; ()1)ject of supplying certain returns to the Board. Art. 25 requires the production of Accounts and other papers on the occasion of the inspection of a School. Alt. 34 requires an annual account of the income and ex[)enditure of a School to be fni-nishcd, and all other returns • •ailed for l^y the Board to be made. Art. 37 requires Attendance Kegisters, as supplied by tlie Board, to be kept.' As to the acc(Miiits of Ijo'-"/ Authorities and their audit in connection with Secondary Schools see Chap. VI., Sec. (3), (f). ' Sec aa to this Act Chap. ITT. - Sec as to these Regulations (')iap. V. •'These arc additional to those supijlied under Art. 21 (.s'l;/.). 164 MANAGEMENT AND DISPOSITION OF SCHOOL PROPERTY. (5) EXPENDITURE. Under Sec. 15 of C. T. Act, 1860, the Charity Commissioners [and Board of Education] may authorise the application of charitable funds to any purposes beneficial to the Charit}^ which are not inconsistent with the trusts or intentions of the foundation. As to purchases of land under that section see Chap. IX.. Sec. (8), (b). For some of the various causes of expenditure see Chap. IX., Sees. (8) and (9), and Sees. (8) to (13) of the present chapter. As a rule the Charity Commissioners [and Board of Education] require any expenditure of capital for repaii's, improvements, or other purposes connected with management to be recouped out of income,! and this follows the pi'actice of the Court (as to whieli see Andrews v. M'Chiffog, 1886, II A. C. 329, 330). As to expenses of Local Authorities in connection with Secondary Education see Chap. VI., Sec. (3). Under Sec. 18 of the Ecclesiastical Commissioners Act, 1866,- the Ecclesiastical Commissionei\s may make provision out of any income coming to their hands for securing adequate sums for the maintenance of any existing College or School in connection with a Cathedral or Collegiate Church. Under Sec. 40 of C. T. A. Act, 1855, the Charity Commissioners [and Boai'd of Education] have power to order any Bill of Costs claimed by any Solicitor to be taxed by the Taxing Master of the Supreme Court. It is the practice of the Board in this connection to examine bills incurred on behalf of educational endowments and to suffsfest deductions to the Solicitor in oi-der to obviate proceeding to Taxation. (6) PAYMENT INTO AND OUT OF COURT. See as to this sul)ject Chap. XV.. Sec. (3). ' Tudor, 4th ed., p. 528. - 29 & 30 Vict. c. 111. INVESTMENT. 1(55 (7) INVESTMENT. Charity Funds may be invested in tlie manner authorised ])y the instrument creating the trust ; or, unless the instrument expressly forbids it,i by Sec. 1 of the Trustee Act, 1893- (Re Manchester Boyal Infirmary, 1889, 43 Ch. D. 420) ; but under Sec. 23 of C. T. A. Act, 1855, investments by the Official Trustees of Charitable Funds ^ (in whose names the Charity Commissioners [and Board of Education] usually direct investments coming under their control to be held) must be made in the public funds'*; while the scope of the investment of funds in Court is defined by R. S. C. 1883, O. 22, R. 17, and, in the case of funds paid into Court by purchasers under the Lands Clauses Act, 1845,'^ by Sec. 70 of that Act. As to Investments in the purchase of land see Chap. IX., Sees. (8) and (9). Under Sec. 1 of the Charitable Funds Investment Act, 1870,^ Corporations and Trustees holding monies in trust for Charitable puz'poses may invest such monies on any real security authorised by or consistent with the trusts on which they are held, without being deemed thereby to have acquired land so as to be subject to the Mortmain and Charitable Uses Acts. Under Sec. 24 of C. T. Act, 1853, and Sees. 35 and 3(5 of C. T. A. Act, 1855, the Charity Commissioners [and Board of Education] may give directions for the investment of money arising ficmi Sales" or Exchanges^ authorised by them under Sec. 24, or fjom Partitions.''' Under Sec. 25 of C. T. Act, lb53, the Cliai'ity Cominissioiiei-s [and Board of Education] may authorise the purchase by a Charity f)f any renl cliarge to wliicli the Charity estate is liable; and, under ' As to the expression " expressly forbid " sec Re Burke, 1908, 2 Ch. 248. - 56 & 57 Vict. c. 53. ^ See as to tlic Official Trustees Chaj). VIII. ^ See list of apjjroved securities in Charity Coiiiiiii.ssion Form No. 3'Ja. '" See infra, p. 175. '' 33 & 34 Vict. c. 34. 'See infra, p. 171. "See infra, y. 176. "See infra, p. 178. ItJG MANAGEMENT AND DISPOSITION OF SCHOOL PROPERTY. the same section, they may aiithorise the sale of rent charges owned by a Charity to the owners of the lands charged, and determine the application, including investment, of the proceeds ; but the general powers under Sec. 23 to compromise and adjust claims are more usually resorted to for the purposes of sale.^ (8) BORROWING, ON MORTGAGE AND OTHERWISE. Mortgages of Charity land may be ordered by the Coui-t for various purposes, such as the payment of costs (A. G. v. Arclihishop of York, 1853, 17 B. 495 ; A. G. v. Atherstone Sch., 1833, Shelford on Mortmain, p. 478 ; A. G. v. Bishop of St. David's, 1849, Seton, 6th ed., p. 1290 ; Be Lambeth Charities, 1850, ibid., p. 1287) ; or the payment off of existing Mortgages at a higher rate of interest (A. G. V. Highgate Sch., 1845, 14 L. J. Ch. 425) ; or the purchase of new premises (Re Stockport, l^'c. Schools, 1898, 2 Ch. 687 : Re Colston s Hospital, 1859, 27 B. 16) ; and may be directed in an application under Romilly's Act 2 (Re Stockport, ^-c, Schools, stip.). Formerly a Mortgage under an express power was in any event valid (Re Mason s Orphanage, 1896, 1 Ch. 59), but the law has been modified by Sec. 29 of C. T. A. Act, 1855 (infra). Charitable Trusts Acts"^: — Sec. 29 of C. T. A. Act, 1855, enacts that Mortgages and Charges of Charity estates cannot be made except — (1) Under the authority of an Act of Parliament ; or (2) Under the authoritj- of a competent Coui't or Judge ; or (3) According to a Scheme legally established ; or (4) With the approval of the Charity Commissioners [or Board of Education] ; and this is so even though there is an express poAver in the instrument of foundation (Ee Mason's Orphanage, sup., 59 to 61; 1 Tudor, 4th ed., pp. 530, 532. "^ See as to this Act Chap. XV. ^ See as to these Acts Chap. III. BORROWING, ON MORTGAGE AND OTHERWISE. 167 ,4. G. V. National Hospital, 1904, 2 Cli. 252, where it was held that a Royal Charter was not a •'Scheme legally established"). As to the consent of the Charity Commissioners [or Board of Education] not being necessary to a Mortgage if the Charity is exempted from the C. T. Acts,i see Be Stockport, c^x., Schools, 1898, 2 Ch. 687.^ Borrowing of money by Charit}- Trustees by means of an overdraft at their bankers, even though under an arrangement not committed to writing, has been held to be a Charge within Sec. 29, stip. (Fell V. Official Trustee of Charity Lands, 1898, 2 Ch. 44). Under Sec. 21 of C. T. Act, 1853, the Charity Commissioners [and Board of Education] may authorise the raising by Mortgage of money required for developing or improving the Charity estates, including building (and other) works as specified in that section. Under Sec. 32 of C. T. A. Act, 1855, they may authorise the raising by ^lortgage of money required for payments for equality of exchange or partition. By virtue of Sec. 15 of C. T. Act, 1860, tliey may authorise the raising by Mortgage of money i-equired for any purpose which they sliall consider beneficial to the Charity, and which shall not be inconsistent with the trusts or intentions of the foundation.'^ Their sanction under the above sections is none the less necessary because the land is registered under the Land Transfer Acts, 1875 and 1897.^ Under Sec. 12 of C. T. Act, 1869. a Mortgage by a majority of the Trustees is as valid as if made by all and by the Official Trustee of Charity Lands. Under Sec. 30 of C. T. A. Act, 1855, where the Charity Commissioners [or Boai-(l uT Kducation] authorise a Mortgage, provision must be made for discharging tlie principal by instalments within thirty years, or for forming an accumulation oi- sinking fund out of income for di.scluirging the principal within the same period.' ' See as to sucli e.xemptions Cha]). (11. - Ami cf. tlie cases as to consent to sales cited infra, p. 173. •' As to the extent to wliich thoHO powers can be overridden see Cliaii. 111., \>. 34. * See as to these Acts miprn, p. 161. •'The provision in question may hv made tlirouf^li the medium of tlio OtKcial Trustees of Charitable Funds (see Tudor, -Ith ed., p. ')'M). See as to the Official Trustees Chap. VIII. 168 MANAGEMENT AND DISPOSITION OF SCHOOL PROPERTY. Endowed Schools Acts'^: — Sec. 10 of the Welsh Interm. Education Act, 1889, empowers the Public Works Loan Commissionei's to lend money to Schools within the Act. Under the School Grants Act, 1855, ^ as amended by Sec. 2 of tlie Education (Administrative Provisions) Act, 1907,^ the consent of the Board of Education is necessary to a Mortgage of any School (including the Master's residence) for or to^vards the purchase, erection, enlargement, repair, or furnishing of which a Parliamentary Grant lias been made. Public Schools Acts, i,x. : — As to Mortgages of lands belonging to the seven "Public" Schools see Chap. 111., pp. 58 to GO. As to purchases and sales of rent charges see supra, pp. 165, 166. As to borrowing by Local Authorities for the purposes of Secondary Education see Chap. VI., Sec. (3), (g). (9) BUILDING (AND OTHER) WORKS. Charitable Trusts .Irfs ^ :— Under Sec. 21 of C. T. Act, 1853, the Charity Commissioners [and Board of Education] are, in the case of Charity land, empowered to authorise {inter alia) the cutting of timber, the making of drains, the erection, repair, alteration, rebuilding, or removal of buildings, or any other improvements and alterations ; and the section does not preclude the exercise of any similar powers conferred by the Trust Deed. Endoived Schools Acts ^ : — Under Sec. 55 of End. Sch. Act, 1869, the building, rebuilding, or enlarging of School buildings cannot be commenced, except wath the written consent of the Board of Education or as part of a Scheme under the End. Sch. Acts. ' See as to tliese Acts Chap. III. 2 18 & 19 Vict. c. 131. •' 7 Edw. VII. c. 43. ^ See as to tliese Acts Chap. III. LEASINGS. 169 Puhlic Schools Acts : — As to adding to, altering, improving, or repairing the buildings of the seven '' Public " Schools see Chap. III., pp. 58, 59. Board of Education Ttegnlations : — See as to these Chap. IX., Sec. (8), (c) and (d). As to the juri.sdiction of Local Authorities with regai'd to buildings of Schools not provided by them see Chap. VI.. p. 98. As to the jurisdiction of Visitors see Chap. VII. As to removal of a School to a new site under the ('. T. Acts, End. Sch. Acts, and Puhlic Srh. Arts see Chaj). IX.. p]). 156. 157, and Chap. III., p. 59. As to expenditure for repairs, improvements, and maintenance of premises see, further, Sec. (5) of this chapter {supra). (10) LEASINGS. If an alienation of charity land is foi' a long term of yeai-s (A. G. v. Pilgrim, 1849, 12 H. 57; A. ^'. v. Hat/, 1853. 16 15. 391 ; A. G. V. Davey, 1854. 19 H. 525; iiV Mason's Orphamig,', 1896, 1 Ch. 60) or for a short term witli a coA'enant for renewal {Lydiatt V. Fonch, 1700, 2 Vern. 410; A. G. v. Brooke, 1811, 18 Ves. 319; .1. G. V. Hnngerford, 1834, 2 (1. A- V. 357) the Court may set it aside, unless the lessee can prove that it is provideni and beneficial to the Charity ; and the Court may set aside a lease notwithstanding that it is within the expi-ess powers of the lessor (E.vjJ. Berkhavipstead Fr. Sch., 1813, 2 V. & B. 138; but see lie Maso7i's Orphanag,; supra, 59). Certain Disabling Acts affecting leases and uthei- assurances were passed in the reign of Elizabeth (13 Eliz. c. 10; 14 Eliz. c. 11 ; 14 Kliz. c. 14; 18 Eliz. c. 11 : au.l :',U Eliz. c. 5. flic last of which was revived and made perpetual by 21 Jac. I. c 1); but, as will he seen hereafter, the powers undc]' the Charitable Trusts Acts can I)e exercised notwithstanding such Disabling Acts. 170 MANAGEMENT AND DISPOSITION OF SCHOOL PROPERTY. Charitable Trusts Acts i :— Under Sec. 29 of C. T. A. Act, 1855, a lease of charity land — (1) In revei'sion after more than three years of an existing' term ; or (2) For any term of life ; or (3) In considex'ation wholly or partly of a fine ; or (4) For any term exceeding twenty-one years cannot be granted except — (1) Under the anthority of an Act of Parlianient ; or (2) Under the authority of a competent Court or Judge; or (8) According to a Scheme legally established ; or (4) With the approval of the Charity Commissioners [or Board of Education] ; even though there is an express power in the instrument of foundation ( Re Mason s Orphanage; A. G. v. National Hospital : pp. 167, 168, sup.) ; and a lease exceeding twenty-one years granted without the approval of the Charity Commissioners [or Boai-d of Education] is not valid for twenty-one years, but is absolutely void (Bishop of Bangor v. Parry, 1891, 2 Q. B. 277). Under Sees. 21 and 26 of C. T. Act, 1853, the Charity Commissioners [and Board of Education] may sanction building, mining, or other leases notwithstanding the above Disabling Acts (Sec. 38 of C. T. A. Act, 1855) ; and, under Sec. 39 of C. T. A. Act, 1855, the}' may approve of schemes for letting charity property. Under Sec. 12 of C. T. Act, 1869, a lease granted by a majority of the Trustees is as valid as if it were granted by all the Trustees and by the Official Trustee ; and under Sec. 16 of C. T. A. Act, 1855, the acting Trustees of a Charity or a majority (not less than three in number) may grant leases of lands which are vested in the Official Trustee.- ^ See as to these Acts Chap. III. As to the extent to which the powei-s of the Charity Commissioners [and Board of Education] can be overridden see Chap. III., p. 34. " See as to the Oiiicial Trustee Chap. VIII. SALES. 171 Leases of charity lands require the sanction of the Charity C'ommissionei'S [or Board of Education] none the less because iliey are registered in the Land Registry under the Land Transfer Acts.i Public Schools Acts, S,-c. : — As to leases of lands belonging to Eton and Winchester see Chap. TTl., pp. 5i». (JO. As to leases by Local Authorities of land acquired by them for the purposes of Secondary Education rf. Chap. VI., See. (3), (j). Under Sec. 41 of Agricultural Holdings Act, 1908,- the powers l)y the Act conferred on a landlord in respect of charging land are not to be exercised by Trustees for charitable purposes except with the approval in writing of the Charit}- Commissioners or Board of Education as the case may require. Sec. 15 gives power to a landlord on paying compensation to a tenant for an i mpi-ovement, or on expending what is necessary to execu^te an improvement, to obtain from the Board of Trade a charge on the holding for repayment of the amount [)uid to the tenant. (11) SALES. An absolute alienation of charity land is not encouraged by the Court, and will Ije authorised oi' ordered by it only if of deal- I)onefit to the Charity (A. (,'. v. Warren, 1818, 2 Swanst. :502 ; A. CI. v. South Sea Co., 1841, 4 B. 458, where a lease for 9f>9 years was upheld; /.'.■ I',irk,'s Charity, 1842, 12 Si. 329; A. <;. v. Maijor of Neioark, 1842, 1 Ha. 395; Re Snir Mnnd Female Charity School, 184G, 3 ,). k \r.\{. 171, where the Court c.vpressed its preference for a letting to a sale; A. G. v. Pilgrim, 1S49. 12 B. nO; 7iV Ashtou Charity, 1856. 22 15. 288; President nf Mnc/d. Coll. v. A. (,'.. 1857. C> H. Ti. ('. 205; lu- ro/.s-/n«',s- frnspital, ' Seo as to tliose Acts Hupra, ]>. I'll "H Kilw. \ 11. v. UN. 172 MANAGEMENT AND DISPOSITION OF SCHOOL PROPERTY. 1859, 27 B. 16 ; Be Masons Orphanage, 1896, 1 Cli. 603-4 ; cf. Be Bradford Sch. of Industry, 1893, "W. N. 60, where the object of the Charity was a School which had had to be closed). An application to the Court for the pui'pose may be made under its general jurisdiction over Charities (Be North Shields Old Meeting House, 1859, 7 W. R. 541) or under Romilly's Act^ {Be Parhe's Charity, sup. ; Be Suir Island Female Charity School, sup. ; Be Ashton Charity, sup. ; Be North Shields Old Meeting Hotise, sup.; Be Bradford Sch., sup.), independently of the C. T. Acts2 (Be Ashton Charity, sup.-. Be North Shields Old Meeting House, sup.). Prior to the C. T. Acts, if an alienation of charity land was made for which there was not an express power, or which had not been authorised by the Court, the purchaser took the land subject to the obligation of showing that the alienation was beneficial to the Charity and justifiable as a provident administration of the Charity property (Be Clergy Orphan Corpn., 1894, 3 Ch. 154; Be Mason s Orphanage, sup., 59, 603, 604) ; but an alienation under an express poAver held good in any event (Be Mason s Orphanage, sup. ; cf. President of Magdalen Coll. v. A. G., 1857, 6 H: L. C. 205) ; and, semhle, apart from the C. T. Acts, a Sale of land, which Governors with full discretionary powers as to the application of the Charity funds have purchased by waj- of investment, is equally valid (Be Clergy Orphan Corpn., sup.). Now, however, an express power of sale in a ti'ust instrument, so far as it purports to affect land of a Charity within the C. T. Acts, is overridden by the provisions of Sec. 29 of C. T. A. Act, 1855, referred to infra, p. 173. The Court cannot order the Sale of a School site acquired under the School Sites Acts •' so long as it is being used for the purposes of those Acts (Hornsey D. C. v. Smith, 1897, 1 Ch. 864) ; but under Sec. 14 of the School Sites Act, 1841,^ Trustees holding land 1 See as to this Act Chap. XV. - See as to these Acts Chap. III. ^ See as to these Acts Chap. IV., Sec. (3) ; and cf. infm, p. 174. " 4 & 5 Vict. c. 38. SALES. 173 under the School Sites Acts^ may sell the same subject to the consent of the Managers and Directors of the School and (if the land was eiven bv an Ecclesiastical Corporation Sole) of the Bishop. Char/table Trusts Acts --.—JJndev Sec. 29 of C. T. A. Act, 1855,. Sales of Charity estates cannot be made except — (1) Under the authority of an Act of Parliament'^; or (2) Under the authority of a competent Court or Judge ; or (3) According to a Scheme legally established ; or (4) With the approval of the Charity Commissioners [or Board of Education] ; even though there is an express power in the instrument of founda- tion (/A' ^^asons Orphanaqe ; A. G. v. National Hospital: supra, pp. 166, 167 j. As to the consent of the Charity Commissioners [or Board of Education] not being necessary to a Sale if the Charity is exemi>ted from the C. T. Acts ^ see Royal Society of London and Thompson, 1881, 17 Ch. D. 407 ; Finnis to Forbes, 1883. 24 Ch. D. 587 ; Sons of Clergy Corpn. and Skimier, 1893, 1 Ch. 178 ; and Tie Clergy Orphan Corpn., 1894, 3 Ch. 145. Under Sees. 24 and 26 of C. T. Act, 1853, the Charity Commissioners [and Board of Education] may authorise a Sale of Charity land notwithstanding- Disabling Acts 5 (Sec. 38 of C. T. A. Act, 1855). Under Sec. V^ of C. T. Act, 1869, a Sale by a majority of Trustees is as valid as if effected by all and by the Official Trustee of Charity Lands.'^ A Sale whicli iiivr)lvcs an alteration in existing trusts is usually authorised by the Charity Commissioners [and Board of Education] under the general powers conferred on them by Sec. 2 of C. T. Act, 1860. of c'stal)lishing Schemes.' ' See as to these Acts Chap. IV., Sec. (3). -See as to these Acts Chap. III. .\s to the t-xtont tn whicli tlio powers of the Charity Corninrs. [and Board of K (see infra, ]>. 175). ■• See as to such exemptions Cha|>. III. * See as to Disabling Acts Kupra, |i. H>!*. "See as to the Official Trnstee Chap. VIII ^ See '1 iidor, l-tii ed., p. o32. 174 MANAGEMENT AND DISPOSITION OF SCHOOL PEOPERTY. The principal steps in tlie procedure for a Sale under tlie authority of the Board of Education are as follows^:— (1) Tlie contract for sale by private treaty or auction, with Couclitions and Particulars of Sale in the case of an auction ; the Pa«-ticulars and Conditions being in draft, and the contract for sale by private treaty being provisional ; (2) An application to the Board of Education, accompanied by (a) the Report of a Surveyor, who may be the School's Surveyor, giving the value of the property and, in the case of an auction, his opinion as to a reserve price ; and (b) in the case of an auction, the Particulars and Conditions of Sale; (3) In special cases a Report by the Surveyor of the Board of Education, at the cost, in the first instance, of the School and, ultimately, of the purchaser; (4) The publication locally of the provisional contract for sale by private treaty- ; (5) An order by the Board of Education authorising the sale (in the case of an auction at a certain reserve price) and calling for — (a) Concurrence of the Official Trustee of Charity Lands if the purchaser so desires''; (h) Payment of the purchase money to the account of the Official Trustees of Charitable Funds ^ at the Bank of England ; and (f) Investment of the surplus, after payment of expenses, in the name of the Official Trustees of Charitable Funds. ' The sanction of the Charity Commissioners [and Board of Education] to a Sale is none the less necessary because the land is registered under the Land Transfer Acts.^ Under Sec. 14 of the School Sites Act, 1841," as amended by Sec. 2 of the Education (Administrative Provisions) Act, 1907,*' ' Application should be made in the first instance to the Board of Education for certain Forms which they supply. - An intended auction is, of course, published locally in any case. ■' As to his concurrence not being necessary see Chap. VIII., p. 133. ^ See as to these Officers Chap. VIII., p. 134. ■'' See as to such investment sujrm, p. 165. *•' See as to these Acts supra, p. 161. ^ 4 & 5 Vict. c. 38. See as to the School Sites Acts generally Chai). IV.. Sec. (3). s? Edw. VII. c. 43. SALES. 175 the consent of the Board of Education is necessary to the sale of any School within the School Sites Acts towards the erection of which any Parliamentary Grant has been applied ; and under the School Grants Act, 1855.^ as amended by Sec. 2 of the above Act of 1907, the consent of the Board of Education is necessary to the sale of any School premises (including the Master's residence) for or towards the purchase, erection, enlargement, repair, oi- furnishing of which a Parliamentary Grant has been made. PuhUc Schools Acts, .Vc. : — As to Sales of laud, livings, benefices, advowsons, and severance of rights of patronage belonging to the seven "Public" Schools see Chap. III., pp. 58 to 60. Where part of the endowinent of a School was an advovvsou, and the living could not possibly be held by a master, it was ordered to be sold for the benefit of the School (.4. . Hi I. •'See as to tlie OHicial Tnistoo Cliaji. VI IF. ' Cha).. L\'., ]). ]5(i. '' Supiri, p. 174-. •'47th Report of Charity Coinmissioncrs, 1!»(H) "52 & 53 Vict. c. 30, aixl 3 Edw. VII. <■. 31. *• 45 & 46 Vict. c. 38. ■'Tndor, Itli fd., p. 25)0 12 178 MANAGEMENT AND DISPOSITION OF SCHOOL PROPERTY. Under Sec. 14 of the School Sites Act, 1841,^ Trustees holding- land Tinder the School Sites Acts - may exchange the same, with the consent of the Managers and Directors of the School and (if the land was given by an Ecclesiastical Corporation Sole) of the Bishop. Under Sec. 14 of the School Sites Act, 1841 (sup., p. 174), as amended by Sec. 2 of the Education (Administrative Provisions) Act, 1907,*' the consent of the Board of Ediication is necessary to the exchange of any School within the School Sites Acts towards which any Parliamentary Grant has been applied; and under the School Grants Act, 1855,* as amended by Sec. 2 of the above Act of 1907, the consent of the Board of Education is necessary to the exchange of any School premises (including the Master's residence) for or towards the purchase, erection, enlargement, repair, or famishing of which a Parliamentaiy Grant has been made. Fuhlic Schools Acts, cVc : — As to Exchanges of land belonging to the seven "Public" Schools see Chap. III., pp. 58 and 60. (13) PARTITIONS. There is no law precluding the powers of the Court wirh regard to Partition from extending to Charity lands. Charitable Trusts Acts '■' : — No express power of authorising a Partition is confein^ed by the C. T. Acts on the Charity Commissioners [and Boai-d of Education] ; but Sees. 32 and 84 of C. T. A. Act, 1855, contain provisions as to payments, and Sees. 35 and 36 as to investments, in connection with Partition ; and, under the power to sanction compromises which is conferi-ed on them by Sec. 23 of C. T. Act, 1853, and Sec. 31 of C. T. A. Act, 1855, a Partition, if involved in a compromise, may be ordered by them ^ ; ' 4 & 5 Yict. c. 38. - See as to these Acts sfenerally Cliap. IV., Sec. (3). ^7 Edw. Til. c. 43. ^ 18 & 19 Vicr. c. 131. ■^ Sec as to these Acts Chap. III. '' Tudor, 4th od.. p. 292. WATER SUPPLY. 179 while, under Sec. 38 of C. T. A. Act, 1855, Partitions authori.sed hy them are valid notwithstanding Disabling Acts.^ The sanction of the Charity Commissioners [or Board of Education] is none the less necessary because the land is i-egistered in the Land Registry under the Land Transfer Acts.- Under Sec. 12 of C. T. Act. 1869, a Partition by a majority- of the Trustees is as valid as if made by all and by the Official Trustee.-^ Partitions can, however, like Exchanges, be and usually are effected undei- the Inclosure Acts b}' the Boaid of Agriculture and Fisheries.^ Under Sees. 13 and 14 of the Inclosure Act of 1848 the provisions as to Exchanges contained in the Inclosure Acts are, with modifications undei- the Inclosure Act of 1859. extended to Partitions. Under Sec. 32 of the Inclosure Act of 1852 Exchange.s and Partitions may l)e effected at the same time. Public Schools Acts, .^"c. : — As to Partitions of lands belonging to Eton and Winchester see Chap, ill., p. (K). (14) OFFICIAL TRUSTEE OF CHARITY LANDS AND OFFICIAL TRUSTEES OF CHARITABLE FUNDS. As to tlie rehitions of tliese Officei's ti) Schools in regard to Scliool property see Chap. VIII. (15) WATER SUPPLY. Sec. 53 of the Waterworks Clauses Act, 1847,'' enacts tliat "every owner and occupiei- of any dwelling-house shall be entitled to ... . receive a sufficient supply of watcT- foi' his domestic ' See as to Uisabling Acts xvprn, p. 169. ' Seo as to these Acts Hupya, ji. Ifil. 'See as to tlie (Jtticial Ti-nstee Chaji. VI f I. ••See »«j))V(, p. 177. ■'10 & 11 Vict. c. 17. 180 MANAGEMENT AND DISPOSITION OF SCHOOL PROPERTY. purposes " ; and Sec. 12 of the Waterworks Clauses Act, 1863,^ enacts that " a supply of water for domestic purposes shall not include .... a supply for any business." Under these sections it has been held that a School is a "dwelling-house," and that the carrying on of a School is the carrying on of a business ; but that it depends on (drcumstances whether the supply of water to a School is for "domestic purposes" or for a "business": (Barnard Castle U.D.C. V. Wilson, 1902, 2 Ch. 746 ; Snath West Suhurhan Water Co. V. St. Marylebone Guardians, 1904, 2 K. B. 174, 180). In the former t-ase the supply was for a swimming bath at a School carried on under a charitable scheme, and it was held to be a supply for a "business." In the latter case the supply was for the garden and greenhouse, cisterns, urinals, hydrants, boilers for driving machinery and pumping water, laundries (which were partly used for the instruction of some girls), and washing out a large swimming bath in a workhouse school ; and it was held that the supply was for " domestic pui-poses," and that the question is what is the character of the purpose, not what is the character of the place of user. And cf. Frederick v. Bognor Water Co. infra, p. 181. The Waterworks Clauses Acts, 1847 and 1863 (stipra), were the prelude to a number of special Acts of various Water Companies, which more or less incorporated or took their form from the general Acts. The various districts of the Metropolis were governed by siich special Acts and by the Metropolis Water Acts, 1852" and 1871.'' By the Metropolis Water Act, 1902,^' the Metropolitan Water Boai-d was established to take ovei- the undertakings of the Metropolitan Water Companies, which Avere, by the Act, dissolved ; but by Sec. 46 it was enacted that their by-laws, rules, regulations, and scales of charges were to be as far as possible preserved. > 26 & 27 Vict. c. 93. - 15 & 16 Vict. c. 84. =' 3-i & 35 Vict. c. 113. " 2 Edw. VII. c. 41. WATER SUPPLY. 181 The Metropolitan Water Board (Charges) Act, 1907,1 which incorporates part of the Waterworks Clauses Act, 1847 {supra), requires the Board to supply sufficient water for domestic pur- poses (Sees. 7 and 8), under certain penalties for neglect to do so (Sec. 12), at a certain annual rate (Sec. 8) ; but directs a rebate where such supply is foi- buildings occupied solely foi- the pm-pose of a trade or business (Sec. 9) ; and requires the Board to supply, b}- measure, water for purposes other than domestic at rates varying with the amount supplied, but uniformly for all consumers (Sec. 16). Sec. 20 enacts that the Board need not su])ply ''any house or buikling whereof any part is used for any trade or manufacturing purpose for which watei; is used .... or any public institution or building "" otherwise than by measure, and that the expi-ession " public institution or buildin<'- "* is not to include any hospital or sanatorium wholly or partly supported by endowments or voluntary contributions, and not carried on f(jr purposes of pi'ivate profit or gain. Sec. 24 empowers the Board to supply water by agreement in certain cases. Sec. 25 defines " domestic purposes "' as including water-closets, and baths not holding more tlniii eighty gallons, and as not including the purposes {inter alia) of " any trade, manufacture, or business " or " a bath holding more than eighty gallons." Sec. 32 exempts the Boai-d from the obligation of supplying water for othei- than domestic piuposes if sucli supply would interfere with the sufficiency of supply for domestic purposes. in Frederick v. Bognor Water Co. (1909, 1 Ch. 149), it was held that the keeping of a Boarding School, although it involved a supj)ly of watei' foi' tin; uiasters and pupils (including the washing of tlieii- clothes iji a laundry), did not constitute a "business for which water is required" within the meaning of a local Act, which provided that the Water Company should not be compelled to supply water to any dwelling-house other- wise than i)y agreement where any part of such dwelling-house was used for any trade, manufacture, or business for which water was required (c/. cases cited supra, p. 180). 7 Edw. VM. (;. clxxi. 182 MANAGEMENT AND DISPOSITION OF SCHO(JL PROPERTY. (16) MUSICAL AND DRAMATIC PERFORMANCES. (a) Copyright. The Copyright in a Dramatic or a Musical composition is infringed in the former case h}' a representation at a '' place of di-amatic entertainment "' (Dramatic Copyright Act. 1833,^ Sec. 2), and in the latter by any i-epresentation or performance (Copyright Act, 1842,2 Sec. 20). It was held in Riussell v. Smith (1848, 12 Q. B. 217) that a " place of dramatic entertainment" is any place where the dramatic ])iece is performed. But, as the Act of 1842 makes no mention of place, the place of musical performance is inimatei'ial on the (jnestion of copyi'ight ; and this is so notwith- standing that Sec. 21 provides that the remedies for infringement shall be those given by the Act of 1833 (Wall v. Taylor, 1883, 11 Q. B. D. 102). Xeither the admission of the general public, nor the use of a public hall, nor the taking of naoney are anywhere specified as in themselves amounting to infringement of Musical or Dramatic Copyrig-ht. It would seem that the pi-opi'ietors of copyright are not entitled to object to any representation or pei'- foi'mance, whether public or private, under conditions which do not interfere with their pecuniary gains (see Copinger on Copyright, 4th ed., pp. 290 ^t seq.; and Duck v. Bates, 1884, 13 Q. B. D. 846). Accordingly, the giving of concerts or theatricals in Schools, where the members of the School perform and the audience consists only of other members of the School and specially invited friends and relations, would not appear to infringe the rig'hts of proprietoi-s of Copyright; but it is not clear whether the taking of money by the School authorities on the invitation tickets or otherwise would make that an infringement which would not otherwise be so. (b) Licensing by Local Authorities, &c. Sec. 11 of the Theatres Act, 1843,^ enacts that any person who for hire acts or presents, or causes, permits, or suffers to be acted or presented, any part in any stage play, in any place not being ' 3 & 4 Wm. IV. c. 15. - 5 & 6 Vict. c. 45. •' 6 & 7 Vict. c. 68. MISCELLANEOUS MATTERS. 183 a patent theatre or duly liceused as a theatre, is liable to a penalty of £10 a day. Sec. 16 defines " hire "' as including every case in which money or other reward is taken or charged, directly or indirectly. Sec. 2 enacts that it shall not be lawful for any person to have or keep any house or other place of public resort for the pnl)lic performance of stage plays without a licence, and makes the offender liable to a penalty of £20 a day. The fact that the tickets are not taken at the door or that the proceeds are devoted to charity is not material (Shelley v. BetheU, 1883, 12 Q. B. D. 11). The Disordei-ly Houses Act, 1751,^ Public Health Acts Amend- ment Act, 1890,- Pt. IV., and the Music and Dancing Licenses (Middlesex) Act, 1894,-' require Music and Dancing Licences to l)e taken out, but only for places kept or used for such jjurposes. to which the public are admitted indiscriminately ; and the requirements do mA, therefore, apply to entertainments of a private nature. Licences are now given l)y County Councils, who may, however, delegate their powers to justices (Local Govt. Act, 1888, ^ Sees. 7 and 28). The structural arrangements of rooms or halls used for the assembling of crowds foi- pnrijoses of entertainment (public or private) or othei-wise must, however, be approved by Local Authorities (see the various Acts cited in Chap. VI., Sec. (2), (a) : in particulai', as regards the Metropolis, the Metropolitan Management Hiid TJuildings Acts Amendment Act, 1878,"' Sec. 21, and the London Jiiiilding Act, 1894"; and as regards the country at large, the Town.s Improvement Clauses Act, 1847," and the Public Health Acts Aiiu-ndment Act. 1890.'* Sec. 3fi). (17) MISCELLANEOUS MATTERS. Sanitdvii Arranrjements (if School Premises: — See as to ilic juris- diction of the Board of Education Chap. IX., Sec. (8), (d) ; and as to that of Local Authorities Chap. VI., Sees. (2) and (3), (b). ' 25 Geo. II. c. 36. " 53 & 54 Vict. c. 59. ' 57 & 58 Vict. c. 15. * 51 & 52 Vict. c. 41. * 41 & 42 Vict. c. 32. '' 57 i-operty shall become subject to a trust for any charitable pur- poses under any disi)f)sition wliicli. if made in favour of an individual, wimld confer on iiini a succession, there shall be payable a duty at tlie rate of lO i)er cent.''' Under Sec. 18 of the Succession Duty Act, 1853 (sup.), any succession of less value than t2() was exempted from Succession Duty, but this exemption was abolished by Sec. 10 (2) of iho Customs and lidand Revenue Act, 1889.' ' 55 (loo. irr. c. 184. - 1<> •<• 17 Vict. c. 51. ■'• Property suhject to tliis section is not Iial)le to tlu- additional li per cent, under Sec. 21 of the Customs and Inland Revenue Act, 1888 (51 Vict. c. 8), sec (Hanson, 5th ed., p. 594). ' 52 Vict. r. 7. 186 TAXATION AFFECTING SCHOOLS. Under Sec. 42 of the Customs and Inland Revenue Act, 1881,^ Legacy Duty is now payable on pecuniary legacies or gifts of residue or shares of residue, whether under £20 or not. Where the whole personal estate or succession is less than £100, no Legacy Duty (Sec. 18 of Customs and Inland Rev. Act, 1880 2) or Succession Duty (Sec. 18 of the Act of 1853) is payable. Under Sec. 1 of the Legacy Duty Act, 1799,'^and Sch., Pt. III., of the Stamp Act, 1815,* a legacy of books, prints, statues, gems, coins, medals, specimens of natural history, or other specific articles bequeathed to or in trust for {inter alia) any Endowed School, in order to be kept by the legatee and not for the purpose of sale, is exempt fi'om Legacy Duty, and, therefore (see Sec. 18 of the Act of 1853), from Succession Duty. (2) ESTATE DUTY. Under Sec. 2 (1), (b) of the Finance Act, 1894,^"* property in which a person is interested as holder of an office, or recipient of the benefits of a Charity, or as a Corporation Sole, is exempted from Estate Duty. In A. G. V. Booth, 1894, 63 L. J., Q. B. 356, it was held that a charitable srift made within twelve months before the death of a testator was liable to Account Duty under Sec. 38 of the Customs a,nd Inland Revenue Act, 1881, *5 and Sec. 11 of the Customs and Inland Revenue Act, 1889,'^ in the same way as any other gift. Account Duty was abolished by the Finance Act, 1894,"^ in respect of all property chargeable with Estate Duty under that Act. 1 44 Viot. c. 12. '■' 39 Geo. III. c. 73. ■^ 57 & 58 Vict. c. 30. ' 52 Vict. c. 7. -43 Vict. c. 14. •»55 Geo. III. c. 184. «44 Vict. c. 12. ^ 57 & 58 Vict. c. 30. STAMPS.— INCOME TAX. 187 (3) STAMPS. Under Sec. 3 of Romilly's Act petitions and proceedings relating thereto under the Act, and copies of such petitions and proceedings, are not liable to Stamp Duty.^ An Order of the Charity Commissioners [or Board of Hducation] appointing new trustees and vesting property in them (see pp. 121, 160) requires a 10s. Stamp for the appointment and a 10s. Stamp for the vesting order (see Sec. 4 of Stamp Act, 1891,- and Hcnlgt'tf v. C'ommrs. of Inland Revenue, 1877, 3 Ex. D. 46). The Bond given by appelhints from a County Court decision under Sec. 39 of C. T. Act, 1853,'^ is by that section exempted from Stamp Duty. The applicatio}! for a Certificate of Incorporation under Sec. 9 of the Charitable Trustees Incorporation Act, 1872,' and the Certificate itself require a 10s. Stamp each. (4) INCOME TAX. (a) Its Nature. The Income Ta,\ was fii'st classihed under its present live Schedules, A, B, C. I), and E, by the Income Tax Act. 1803.-^ 'I'liese schedules, which, in theii- ])resent shape, are set out in Sec. 2 (if tlic Income 1'ax Act, 18^3,^ relate to tlic various sourccK of taxed "income" as follows: — Schedule A. I'lojtcrty in land and houses. H. Occujtation of land (agi-icult ni'a I. etc.). C Profits t'niiM |iiil)lic i-evenue. ' See as to this Act Chap. .\V. -54 & 55 Vict. c. 3!». »Soe Chap. XV. < See Oiap. II., Sec. (2), (h). •^43 Coo. III. r 122. M<) A- 17 Vict. c. M. 188 TAXATION AFFECTING SCHOOLS. Schedule D. Profits from (a) professions, trades, ^ and vocations, and (b) property not included in any of the other schedules. E. Public offices pensions and stipends. Schedule B does not, of course, affect Schools. Assessments under Schedule A usually follow the pooi- rate assessment, as to which see infra, p. 199. The Income Tax Act, 1842,^ provides for certain "deductions" to be made from assessments in computing duties under Schedule A, and from profits under Schedule D in assessing the duties thereon. In Schedule E " offices '" extends to the Bursar of a College (Langsfon v. Glasso», 1891, 1 Q. B. 567) and to a National School Master (Bou-ers v. Harding, 1891, 1 Q. B. 560). In the latter case it was also held that the Schoolmaster had no claim to a deduction, for " expenses," under Sec. 51 of the Income Tax Act, 1853, sujyra, of the wages and maintenance of a domestic servant whose employment was necessary in order that his houseliold micyht be carried on while his wife, who received a joint salary with him as Mistress of the School, was engaged in hei- school duties. An Assistant Master who, in addition to his salary, had an annual sum placed to his credit by the Governors under a Provident Fund Scheme, was held to come unde]- Schedule E in respect of the sum in question {Smyth V. Sfreftoit, 1904, 90 L. T. 756, Dulwich College). Where a Scheme in a private Act of 1829 provided for payment of a certain salary to the Chaplain of a charitable institution by the Wardens " without any deduction or abatement for taxes or otherwise howsoever," the Wardens were held bound to deduct the tax, as required by the Act of 1842 {Be The School for Indigent BJiml. 1898, 2 Ch. 669). The Act of 1842 provides that certain exemptions or " allowances " shall be made in favour of certain kinds of institutions in respect of the duties imposed under the several schedules. These allowances, so far as they affect Schools, will be considered in turn in the following three sub-sections of this chapter. ' Including investments in public companies. - 5 & 6 Vict. c. 35. INCOME TAX. 189 (b) Allowances under Schedule A. Tlie "allowances" in connection with Schedule A ({)i-t)[)erty in land and houses) are contained in Sec. 61 of the Act, and are {inter alia) — . . . for the duties charged .... [«] on any hosjiital, public school, or almshouse, in respect of tlie public building's, offices, and premises belonging to such hospital, jjiiblic school, or ahnshoase, and not occupied by any individual officer or the master thereof, whose whole income, however arising, .... shall amount to or e.vceed £150 per annum, or by any person paj-ing rent for the same, and for the repairs of such hospital, public school, or almshouse, and oflSces belonging thereto, and of the gardens, walks, and grounds for the sustenance (jr recreation of the hospitallers, scholars, and alms- men, repaired and maintained by the funds of such hospital, srlioal, or almshouse .... or [6] on the rents and profits of lands, tenements, and hereditaments, or heritages belonging to an}' hospital, public school, or almshouse, or vested in trustees for charitable purposes, the said last-mentioned allowances to be granted .... in so far as the same are applied to charitable purposes only. It was held in Blake v. Mayor, ^t., of Londnn, 1886, 18 Q. B. U. 437; 1887, 19 Q. B. 1). 79, that the City of London School was a - Pul)lic School " within Sec. 61. Tlic facts as to that School Avei'e tliat it was founded, endoAved, and carried on liy the Corporation of London, under the provisions of an Act of Parliament, not for profit, and was maintained by an annuit}' and donations (both of wlnCli sources of income were provided by the Corporation) and by fees. •• 1 think it is clear," said Denman, J. (18 Q. B. I). 44-4), "that the Legislature did not intend the exemption [in Sec. 61] to be in favour only of Schools wliolly supported by charity. The enactment seems to have been drawn with a mixed intention, namely, to exempt charitable institutions, and to exempt certain institutions pai'tly depending on charity, perhaps in view of the benehcial character of the objects of those institutions"; wliih' in tlie Court of Appeal, which ii|ilicl(l Denman, .1., Fry, L..J., summed n|) thi> tacts :is follows (19 Q. i'.. I). 82):— "It [the School] has a perpetual foundation ; a portion of its income is derived from charity ; it is managed by a Public Body ; no private pei-son Iimk any interest in the School ; no profit was or is in the contemplation of its founders or managers ; and, lastly, the object is the hcnctit 190 TAXATION AFFECTING SCHOOLS. of a large class of persons " ; and Lopes, L. J., pointed out that the public were interested because a sufficiently large number of pupils received education gratuitously or to a great extent gratuitously. As the above decision does not provide an exhaustive definition of a '' Public School," some of the decisions in the somewhat analogous cases bearing on the meaning of " hospital " may be usefully considered : — An institution for insane persons which, though founded l)y charitable donations, had no endowment producing income and was supported (except for trifling subscriptions) wholly out of the fees of the paying patients, was held not to be a " hosjaital " (Needham v. Boivers, 1888, 21 Q. B. D. 436). But where there was an endowment producing income (in addition to other sources of income, consisting of fees of patients, donations, and sale of farm produce) it was held that, though in the past three yeai'S the fees and sale of produce together exceeded the whole expenditure, yet, seeing that the original eleemosynary chai'acter of the institution was not blotted out, it was a "hospital" {Caicse v. Nottingham Lunatic Hospital, 1891, 1 Q. B. 585 ; cf. Blake v. Mayor, ^'c, of Lojidoi, 1887, 18 Q. B. D. 445). It would seem, from the above decisions as to " Public School " and " hospital," that a School which has no endowment, or whose only endowment is its site or Iniildings or other propei'ty not producing income, antl which is supported solely by fees, would not be a " Public School " within Sec. 61. There appears to be no reason why the receipt of Grants should affect the question one way or the other. The practice of the Inland Revenue Commissioners is to exempt most of the older Grammar and Public Schools from the tax as coming within the conditions stated by Fry, L.J., in Blake v. Mayor, ^'c, of London, sup., even if the "charitable income" comes from subscriptions and not from income from endowment. As to the words " £150 per annum " in Sec. 61 see Bray V. Lancashire Justices, 1889, 22 Q. B. D. 488. The words " charitable purposes " in Sec. 61 include all pui'poses, which are charitable in the legal sense (see infra, p. 193). INCOME TAX. 191 (c) Allowances under Schedule C. The exemptions in connection with Schedule C (Profits from Public Revenue) are cmitained in Sec. 88 of the Act of 1842, and so far as they are applicable to Charities extend to — The stock or dividends of any corporation, fraternity, or society of per.sons, or of any trust established for cliaritable i)Hrpoges only, or whicli, according to the ruh>s or regulations established by Ace of Parliament, charter, decree, deed of trust, or will, shall be applicable )>y the said corporation, fraternity, or society, or by anj' trustee, to charitable purpo^ea onlij, and in so far as the same shall be applied to charitable purposes onhj .... The words " charitable purposes " include all purposes which are charitable in their legal sense (see infra. ]). 193). (d) Allowances under Schedule D. The allowances in couuectiou witli Schedule 1) (profits from professions, trades, vocations, &c.), so far ;is they ai-e applicable to Charities, are contained in Sec. 105 of the Act of 1842, which provides (inter 'alia) tliat — any corporation, fraternity, or society of persons, and any trustee, for charitable piirpusex only, shall be entitled to the same exemption in respect of any yearly interest, or other annual payment, chargeable under Schedule D of this Act, in so far as the .same shall be ap[)lied to rhnritable purposeK only, as is hereinbefore gi'anted to such corporation, fraternity, society, and trustee respectively in respect of any stock or dividends chargeable under Schedule C of this Act, aiul a])plied to the like purposes. 'I'lir wfU'fls '' cliaritabh' jjiirposes '" include :ill purposes which are cliaritable in their legal sense (see iiifrn, p. V.l'.j). The incidence of the tax on profits from trades is not iilfectcd by the pitrposcn for wliirli llir profits arc applied (Mcrxey Dorks V. Lnrun. 1883, 8 A. C. 907;, iunl Sec 10^) tloo not crcjite tiiiy exception to this doctrine (St. Attdreics hLospihil v. S/icarsinitIt, 1887, lit (^. 15. I). (;2!l : 'rrmlers of Fmlins and Hi/mns v. Whitwell, 1890, 7 '!'. L. I». Hih. In SI. Andrew's Ifospifal v. Shcnrsmifli (lie hospital liad no income from cndownn^nt, i)iit was sii|)pi>ilc(| hy voliintarv contributions ami hy the fees of wealthy patients which were 192 TAXATION AFFECTING SCHOOLS. oreatly in excess of the cost of their maintenance and treatment, and the surplus from these two sources, after providing for the maintenance and treatment of the patients, wealthy and poor (the latter of whom paid little or nothing in fees), was applied, on pressure from the Lunacy Commissioners but not under any legal necessity, in extending and improving the buildings ; and it was held that, even assuming the hospital to be an institution for "charitable purposes only" (the first condition in Sec. 105), and the surplus- to be within the description " yearly interest or other annual payment" (the second condition in the section), nevertheless the surplus was not applied " to charitable purposes only " (the third condition in the section). The Court further stated it as their view that the surplus was, in fact, profit, and, therefore, subject to the tax, irrespective of the mode of its application, a statement which amounted to an expression of opinion that Sec. 105 has no reference to trading profits. In Trustees of Psalms and Hymns v. Whitwell (sup.), where there was a trust for the sale of publications for the benefit of certain widows and orphans, it was held that "yearly interest or other annual payment " does not refer to trading profits. In Needham v. Bowers. 1888, 21 Q. B. D. 436, where the soui'ces of income were practically identical with those in St. Andrew's Hospital v. Shearsmith and the surplus income Avas applied in the same way, the decision in that case was followed. In this connection Sec. 101 may be noted. It provides that the losses of one " trade " or " concern " may be set against the profits of another " trade " or " concei-n " carried on Ijy the same person. But it has been held that, whatever be the main object of an institution, if it has one department which trades and another (e.g. a philanthropic department) which does not, the losses in the latter department cannot be set against the profits in the former (Religious Tract and Book Society of Scotland V. Stirveyor of Taxes, 1896, 33 Sc. L. R. 289, where publications were sold in an Edinburgh shop at a profit, but colportage was carried on by the same institution, with a philanthropic object, at a loss; Grove v. Y.M.G.A., 1903, 88 L. T. 696, where classes, a gymnasium, and a publishing department were carried on at INCOME TAX. 193 a loss by an institution subsisting on charitable subscriptions and donations, and on fees which were insufficient to cover the expenditure, but a public restaurant conducted by the same institution in an adjoining building was self-supporting and earned profits). ' (e) Meaning of " Charitable Purposes." As regards the meaning of "'charitable purposes" in the exemptions from Schedules A (property in land and houses), C (profits from public revenue), and D (profits from professions, trades, vocations, &c.) enumerated respectively in Sees. 61, 88, and 105 of the Act of 1842, the Commissioners of Inland Revenue originally acted upon the view that the words were used in their legal sense as founded on the Statute of Elizabeth,^ and not merely ill their popular sense. They then changed their practice and refused exemption in the cases {inter alia) of trusts for educa- tional purposes, such as the building, maintenance, and repair of Schools. The Charity Commissioners have, however, ahvays taken the opposite view, and, accordingly, have given to the Hank of England, under Sec. 28 of the C. T. A. Act, 1855. the certificates of exemption from property or income tax which that section empowers them to give in regard to stock in tlic [iiihlic funds standing in tlie name of the Official Trustees of Charitable I'unds - ; oi- in llie names of other persons when it is subject oidy to charitable trusts. The refusal nf \\\v Commissioners of Inland Revenue to grant the exemption was supported in BainVn Trustees v. Lord Advocate, 1888, 15 Sess. Cas., Ser. 4, 682. where Sees. 88 and 105 came under consideration ; but that decision was disajj])roved l)y the House of Lords in Commissioners of liirohir Tax V. Ffniisel, 1891, A. C 531, 587, where it was held that " charitaVde ])urposes" in Sees. 61, 88, and 105 includes all purposes which are charitable in the legal sense, and does not ' See Chap. IV., Spc. (4). -'See as to the (Jtticial Trimtees Cliaj). VIII. ^3 194 TAXATION AFFECTING SCHOOLS. merely refer to purposes which are charitable in the popular sense, and that, therefore, the income from land which was held upon trust to apply the rent and profits for certain religious and educational purposes could not be taxed. In B. v. Commrs. of Income Tax, Ex. p. University Coll. of N. Wales, 1908, 24 T. L. R. 491, it was held, following Co'mraissioners of Income Tax V. Pemsel, that the income from capital monies of the College invested in land and other investments was not taxable under any of the Schedules 61, 88, and 105, and that the purposes of the College were none the less charitable because fees were taken from the pupils. It was stated in B. v. Commrs. of Income Tax. Ex. p. University Coll. of N. Wales (snp.), by the Law Officers of the Crown, in argument, that the Commissioners did not tax that portion of the income which accrued from property held on trust for a particular Scholarship or a particular purpose, and that neither the Grovernment Crant nor the fees had been taxed. (5) DUTIES ON THE PROPERTY OF CORPORATE AND UNINCORPORATE BODIES. Under Sec. 11 (3 J of the Customs and Inland Revenue Act, 1885, ^ an exemption from the duty imposed by that section in lieu of probate and succession duties is granted in respect of the property of corporate and unincorporate bodies in the case {inter alia) of " property which, or the income or profits whereof, shall be legally appropriated and applied .... for any charitable purpose,- or for the promotion of education . . . ." ' 48 & 49 Vict. c. 51. - In interpreting the expression " charitable purpose " in this section the Court held, in Commrs. of Inhuid Revenue v. Scott. 1892, 2 Q. B. 152, that if was not bound by the decision in Commrs. of Income Tax v. Pemsel (.-w)'.). INHABITED HOUSE DUTY. 195 (6) INHABITED HOUSE DUTY. (a) Its Nature. This duty was imposed in its present form by the House Tax Act, 1851 1 (Sec. 2 of which re-enacted former House Tax Acts so far as they were applicable), and is charged annually on the occupier or occupiers for the time being of a dwelling-house (House Tax Act, 1808,2 Sch. B. Rule 1, and Sch. A, Rule 5). (b) Exemption of " Charity Schools." Under Sch. B, ?]xemptions, Case IV., of the Act of 1808 "any hospital. Charity School, or house pi-ovided for the reception or relief of poor persons " is exempted from the duty, Under Sec. 17 of the House Tax Act, 1803,-^ where any hospital or Charity School ought to be exempted from the duties, the persons having the conduct or management of such Chai-ity Scliool are to give notice thereof to tlie assessoi-s. The test of whether an institution is a " hos|)ital " for the purposes of the exemption is the existence of income, however small, from original endowment, whatever other sources of income tliere maj' also be {Cawse v. Nottitigham Lunatic Hospital, 1891, 1 Q. B. 585; Needham v. Bowers, 1888, 21 Q. 15. I). 436 *), but the i|uestioii wliether oi' not a School is a "Charity School" for tlu> purposes of the exemption depends on whether it is nearly self- supporting, or whether it is almost entirely supported by endow- ments (Bradford Gr. Sch. v. Northivood, 1905, 5 Tax. Ca. 136). A College in the recei[)t of incoinc fioiii endowment when' the students pay £!K) |i.;i. in fees is not a "'Charity ScIkh.I " (Sonfhire// v. Hoijal Uolloinuj Co/leffe, 1895, 2 Q. B. 487). noi- is a School ji "Chai-itv School" which, though witli some inconic ' 14 A- 1.-. Vict. v. :{(). -48 Gfo. HI. c. rifj. '43 Geo. II [. c. 161. * See as to tlioao cases sujmi, p. 1!)U. 196 TAXATION AFFECTING SCHOOLS. from endowment, is, owing to the large fees charged, mainly self- supporting {Charterhouse v. Lamarque, 1890, 25 Q. B. D. 121). The liability to pay the duty is determined by the character of the building at the time of the assessment (ihid.). (c) Day Schools, Boarding Schools, and Masters' Houses. Day School premises are not, in thenaselves, taxable ; and portions of Boarding School pi^emises may, under certain circiim- stances, which will be next considered, escape the tax. In Browne v. Furtado, 1903, 1 K. B. 723, a private boarding School consisted . of two buildings united by a covered passage. One building had dormitories, classrooms, and living rooms for the boys, and part of it was occupied by the Schoolmaster himself. This building was admittedly su.bject to the duty. The other building had classrooms, w.c.'s, rooms for the boys for changing their clothes, and a chapel, but not dormitories or bedrooms. Phillimore, J., held that the passage, w.c.'s, and changing rooms were the only portions of the building whicli were assessable to the duty. On appeal it was held that the whole of the buildings were assessable on the ground that the second building Avas "belonging to and occupied with " the first building within the meaning of Rule 2 of Sch. B of the Act of 1808. In addition to the plea on which they succeeded, the Revenue Authorities contended that the whole of the bitildings, by reason of the covered passage, formed one building, but the Court, without deciding the point, expressed a doubt, based on Rule 3 of Sch. B, as to the soundness of the contention. Rule 3 provides that " all shops and warehouses which are attached to the dwelling-house, or have any communication therewith, shall .... be valued together with the dwelling- house and the household and other offices aforesaid thereunto belonging .... except such warehouses as are distinct and separate buildings .... (notwithstanding the same may adjoin to or have communication with the dwelling-house or shop"). Where the Head Master was bound to reside in a house within the precincts of the School premises [which was not a INHABITED HOUSE DUTY. 197 '■Charity School "'] but Avas not allowed to take in Boarders, the Governors, and not the Head Master, were held to be the occupiers of the house, and, consequently, on the authorit}- of Broivne V. Fiirfado (sup.), the buildings other than the Head Master's house wei-e held to be adjuncts of it, and the duty to be assessable on the whole of the School premises (Bradford Gr. Scli. V. Northwood, sup., 137, 138). Where, however, the Head Master took in Boarders in his house, he was held to be the occupier of it, and the uninhabited part of the School premises was held to be not taxable (Cliftnn Coll v. Tompson, 1896, 1 Q. B. 435 ; Charterhouse v. Gayler, 1896, 1 Q. B. 437). In Clijton Coll. V. Tompson the Head ^M aster was lessee of the house but was not bound to reside in it, and it was not joined to the other School buildings. In Charterhouse v. Gayler he paid no rent. and was bound to reside in the house, which was connected witli the other School buildings by cloisters. The latter case also decided that Assistant House blasters who paid rent of less than the full value of their houses, which were connected with the othfM- School buildings by cloisters, were taxable as occupiers. (d) Caretakers, &c. When School buildings are slept in by neither Masters noi l)(»vs. but are inhabited by caretakers, the following enactments dealing with exemption fi'om the tax should be noted: — Sch. B, Exemptions, Case V.. of the Act of 1808, includes — Every tiouse whereof tlic keoping is oi" sliull be comniitced or left to the care or charge of any person or servaut .... who resides therein for iht; imrpose only of taking care thereof . . . .' Sec. !.■'> (2) oF the Customs and Inland Revenue Act, 1878- states that — Every houHO .... which is occni)ied solely for the purposes of any trade or biisincsB .... sliall be exempted .... although a servant or other person may dwell in such house .... for the protection thereof. ' This exemption wonld appear to refer only to private dwelUng-houses (London Library (. Carter, IbUO, 2 Tax. Ca. 598). -■ 41 Vict. c. 15. 198 TAXATION AFFECTING SCHOOLS. Under this section thei'e were conflicting decisions as to whether exemption could be claimed in respect of premises occupied by a caretaker who also served his employer in other capacities, such as that of clerk or porter (see, on the one side. Yeweiis v. NoaJces,^ 1880, 6 Q. B. D. 530, and Wootten v. Bolfe, 1881, 47 L. T. 252; and, on the other, Rolfe v. Hyde, 1881, 6 Q. B. D. 678, and City Bank v. Last. 1881, 47 L. T. 254). But the question was set at rest by Sec. 24 of the Customs and Inland Revenue Act, 1881,- which enacts that — The term "servant" [in Sec. 13 (2) of the Act of 1«78] shall be deemed to mean and include only a menial or domestic servant employed by the occupier, and the e.xpression " other person " shall be deemed to mean any person of a similar grade or description not otherwise employed by the occupier who shall be engaged by him to dwell in the house solely for the protection thereof. And see Truro PiihUc Booms Co. v. Armfield, 1886, 8 T. L. R. 191. Exemption may be claimed notwithstanding that the caretaker has his wife and family residing with him in the house, provided that they are mere appendages and not engaged in any calling of their own, and that no servant is kept {Yeirp)is v. Koakes, sup., 535, 537; and (■/. Wootten v. BoJfc, sfip., and Wetdlin v. Wayall, 1885, 14 Q. B. D. 838). It seems only reasonable that where (as in the case oi a large building) more than one " servant or othei- person " is necessary for the proper care of it, it should be exempt from the duty. This view is accepted by the Revenue Authorities in practice, and was not, apparently, questioned in City Bank V. Last, sup. ; but in Forbes v. Sta7idard Life A.ssce. Co., 1894, 8 Tax. Ca. 268, although one judge accepted the view the others were doubtful ; and in WeguelUn v. Wai/aU, sup., both judges rejected it. The Revenu^e Authorities further, in practice, exempt a building where the '' servant or other person " is a female and has another ' This case was a decision under Sec. 11 (repealed by the Act of 1878) of the Revenue Act, 1869 (32 & 33 Vict. c. 14). - 44 Vict. c. 12. RATES. 199 female to reside with liei- for protection. Where, however, a woman was engaged as caretaker on condition of her son residing in the house for protection, but he carried on the avocation of a clerk, the tax was imposed {Weguelliii v. Wayall, sup.). (7) RATES. There is no exemption, in the case of property dedicated to public or charitable purposes, either from poor rates (i?. v. Stcrnj, 1840, 12 A. & E. 84; R. v. Temple, 1853, 22 L. J. M. C. 129; both of which were cases of School premises : Mersey Docks v. Cameron, 18ei5, 11 H. L. C. 448; 8t. Thomas s Hospital v. Strattoii, 1875, 7 H. L. 477), or from general rates (B. v. Liceyised Victuallers' Society, 1861, 1 B. & S. 71, wliich was a case of School premises). Premises are assessed for rates at a rateable value which is arrived at by deducting from the gross value the average annual cost of i-epairs, insurance, and othei- expenses. The gross value is the rent which a tenant paying all usual tenant's rates and taxes might reasonably be expected to pay (see Parochial .Vssessments Act, 1836,^ Sec. 1, and X'aliiniion (Metropolis) .\ct, 1869,- Sec. 4). Where the party rateable is in occupation of the premises, there are various alternative methods of ('(111111111 iiig ilic rateable value, but it is usual to take the interest on the capital outlay as the basis of the valuation ( /i'. v. School Bd. for London, 1885, 55 \j. .i. -M. ('. :i7, ;>S ; Liverpool Corpit. v. Llanfylllv. Assessment Committee, 1899, 2 Q. li. 20, 21 ; Ryde, 2nd ed., p. 176; rf. Orer.seers of Chorlton-upon-Medlock v. f'hnrltnv I'liiou, 1882, 51 h. .!.,(,). 15. ■\m). Four per cent, is ordinarily taken for land, and live per cent. for l)iiildings (Ryde, 2nelonging to any liospital or almshouse or settled to any charitable or pious use as were assessed in the fourth yeai' of AVilliam and Mary [1692] were to be liable to be charged, but not any other lands, revenues, or rents then belonging to any liospital or almshouse or settled to any such use as aforesaid. The exemptions apply only to institutions and sites existing at tlie time when the Act was made ])erpetual (21st June, 1798).'^ Undei- the Land Tax Redemption Act. 1802.' Eton and Winchester may contract for the redemption of Land Tax on livings in their patronage, where it hiis not been redeemed hy the incumbent (Sec. 17j, and may |iiii\ ide the funds by sale of land or grant of a i-eiit charge (Sec. 78).-' ' 38 Geo. III. c. 5. - And see Sec. 2G of tin- Act. ' Colcliester r. Kewney, 1807, 2 Ex. 253; (Jo.\ r. Jlabbits, 1878, 3 A. V. 473; St. Thomas's Hospital v. Hadgell, 1901, 1 K. B. 364. The Act was made perjietnal l.y Sec. 1 of the Land Tax Act, 1708 (38 Ceo. III. c. 60j. * 42 (ieo. III. c. 110. • As to Redemption of land tax by Charities gciiurally see Tudor, 4th cd. PI.. 295-7. 202 TAXATION AFFECTING SCHOOLS. (9) FIRST FRUITS AND TENTHSJ By 1 Eliz. G. 4, Sec. 7, grants to Eton and Winchester of exemptions from first fruits and tenths were to remain in force. By 1 Eliz. c. 4, Sec. 13, nothing in the Act was to charge any hospital or " the possessions thereof employed for the relief of poor people, or any school or schools, or the possessions or revenues of them or any of them, with the payment of any tenths or first fruits."' (10) MALE SERVANT TAX. By Sec. 18 of the Revenue Act, 1869,- a duty of 15s. is imposed, and a licence must be taken out annually, for every Male Servant ; and by Sec. 19 (3) " Male Servant " is defined as meaning and including — any male servant employed, either wholly or partially, in any of the following capacities : that is to say — maitre d'hotel, house steward, master of the horse, groom of the chambers, valefc-de-chambre, bntler, under-bi;tler, clerk of the kitchen, confectioner, cook, house-porter, footman, page, waiter, coachman, groom, postilion, stable-boy or helper in the stables, gardener, under-gardener, park-keeper, gamekeeper, under- gamekeeper, huntsman and whipper-in, or in any capacity involving the duties of any of the above desci-iptious of servants, by whatever style the person acting in such cajiacity may be called. Under Sec. 13 of the Motor Car Act, 1903,'^ the definition " ^lale Servant " is to include " a person employed to drive a motor car." ' First fruits are the first year's whole profits, and tenths are the tenth part of the annual profit of all spiritual benefices, and are a debt to the Crown collected and administered of the Governors of Queen Anne's Bounty for tlie augmentation of the maintenance of the Poor Clergy. For an historical survey of the subject see Bishoj) of Rochester v. Le Fanu, 1906, 2 Ch. 518. " 32 & 33 Vict. c. 14. ^ 3 Edw. VII. c 36. MALE SERVANT TAX. 203 Sec. 5 of the Customs and Inland Revenue Act, 1876, ^ enacts that — the term "male servant," as used in the Revenue Act, 18(59. shall not include a servant who, being bond fide employed in any capacity other than the capacities specified or referred to in Sec. 19 (3) of the said Act, is occasionally or partially employed in any of the said capacities, .... and shall not include a person who has been bond fide engaged to serve his employer for a portion only of each day, and does not reside in his employer's house. It is the practice of" the Revenue Authorities to exact tlie ta.\ from boarding Schools equally witli private houses, in respect of all male members of the domestic staff. In view, however, of the decision in Whiteley v. Burns. 1908, 1 K. B. 705, the question of how far men servants employed otherwise than in private houses are taxable is doubtful. In that case men were employed to .serve meals for shop assistants, their duties being to carry stock-pots from the stove to a lift, to cari'y joints and dishes from the kitchen to the dining-i'oom, to wait on the assistants, and to wash the dishes and clean the knives ; and it was held that the Act of 1869 was privid facie intended to apply only to servants employed in jn-ivate establishments, and not to servants emplo^^ed for purposes of ti-ade, even though they may be employed in any of the capacities enumerated in the Act as being included in the ex])ression ■male servant," and tliat ''waiter" must be taken to mean a servant whose substantial duty is only to wait at tabic; l)iit tliat, at the establishment in (juestion. waiting formed l)ut a very small jiart of the duty of the men in ([uostion. TIk! exemptions specified under the Act of 1876 (snpni) aie especially likely to occui' in Day Schools, where the attendance of men servants is foi' shoi't portions of the day, and in sTn;ill Scliools (Day or Boaiding) where the duties of men serviuits are ini.ved. In YcUaiid v. Wilder, 1885, 50 .1. P. 38, a r.-irmer's servant performed the duties of groom and vardniaTi. the foi-iiier beino- a taxable capacity under the Act (jf 1869; but, as less th.m half ' 3i> Vict. c. 16. 204 TAXATION AFFECTING SCHOOLS. liis time was occupied in that capacity, he was held not to be a -'male servant" (cf. Yelland v. Vmceiit, 1883, 47 J. P. 230). In Helshy v. Wintle, 1895, 59 J. P. 309, a boy who worked in a garden as a labourer (a non-taxable capacity) for the whole day. with the exception of an hour or less which he spent in the house, cleaning knives and boots, carrying in coals, and pumping, and who also fetched milk to the house, was held not to be a '' male servant." (11) ARMORIAL BEARINGS TAX. By Sec. 18 of the Revenue Act, 1869, ^ an annual licence must be taken out for " Armorial Bearings," an expression which includes '• crests or ensigns " (Sec. 19 (13) ) ; but Corporations and Public Companies and (see Sec. 19 (1)) persons using the corporate arms by right of office are not required by the Commrs. of Inland Revenue to take out a licence.- 1 32 & 33 Vict. c. 14. - Bnc. of Laws of Eng., 2nd ed., Vol. 1., 507. SCHOOLMASTERS AND SCHOOL OFFICERS. 205 CHAPTER XII. SCHOOLMASTERS AND SCHOOL OFFICERS.^ (1) TRAINING. The connection of the State witli the training of teachers for .Secondary Schools is of but recent growth. Under Sec. 4 of the Board of Education Act, 1899,'- and an Oidei- in Council of 7th August, 1900, there was formed a Consultative Committee, among the duties assigned to which was the framing of regulations for a register of teachers. An Oi'der in Council «>f 6th March, 1902, and subsequent amendments thereof, directed that the register was to be kept by a Teachers' Registration C'ouncil, and was to contain a list of all recognised teachers in two columns, ■A" and " B," the former for Elementary and the hittei- for Secondary Teachers. The qualifications for registration in Column B were — apart from initial relaxations — (i.) A University degree, or certain alternatives thereto ; (ii.) Training at a Training College, or at a School recognised by the Board of P^ducation for the |)urpose, and the passing of certain examinations in the theory and practice of teaching ; and (iii.) Teaching at Schools, other tlian Elementary, recognised by the Board for the purpose. Sec. 1<) of the Education (Administrative Provisions) Act, 1907,' enacted, liowever, that any obligation to frame, form, or keep a register of teachers under Sec. 4 of the Act of 1899 was to cease, but empowered the constitution, by Ordei- in Council, of a registration council representative of the teaching profession, to whom should ' Tho provisions of the C. T. Acts and School Sites Acts rel;iting to Scliool- imistcrs e.\prcH8ly extend to Schoolniistresaos. In the End. Sch. Acts tlie word used is "Teacher," which, having regard to tlie recognition of girls' education by the Acts and the numerous Schemes for Girls' .Schools theronnder, must lie taken to include Sclioolmiatresses. "School Officers " would, equally, include females. -62 & 63 Vict. c. 33. ^7 Edw. VII. r. 43. 206 SCHOOLMASTERS AND SCHOOL OFFICERS. be assigned the duty of forming and keeping an alphabetical register of teachers in one colnmu, together with particulars as to their attainments, training, and experience. The Teachers' Registration Council accordingly was dissolved on 31st March, 1908, and the old register was discontinued as from that date. No new registration council has yet been formed. Art. 15 of the Board of Education Regulations for Secondary Schools,! however, empowers the Board to " require that a certain proportion of all new appointments of teachers after the 31st July. 1908, shall consist of persons who have gone through a course of training recognised by the Board for the purpose " ; and the Board accordingly issued in July, 1908, " Regulations for the Training of Teachers of Secondary Schools," which lay down a course of training consisting of (i.) a degree or certain equivalents thereto ; (ii.) one year's training at a Training College, or Department recognised by the Board as a Training College, of a Secondary School ; and (iii.) contemporaneous training in practice, mainly at a Secondary School approved for the purpose. The Regulations further provide fen- a Grant to Training Colleges satisfying certain conditions. Local Education Authorities are, under Sec. 22 (3) of the Education Act, 1902,- empowered to train Secondary School Teachers, and have established Training Colleges accordingly. The arrangements for the reception in Secondary Schools of pupils intending to become Public Elementary School Teachers, and of Pupil Teachers, Bursars, and Student Teachers, in course of training for the same object, are discussed in Chap. XllL. Sec. (1), (b). (2) QUALIFICATIONS APART FROM TRAINING. As to the legal capacity of Beneticed Clergymen to manage Schools, and the religious qualifications of Schoolmasters, see Chap. XIV., Sees. (5) and (6). It has been held that the 1 See as to these Kegalations Chap. V. - 2 Edw. VII. c. 42. BY WHOM, AND HOW, APPOINTMENTS ARE MADE. 207 offices of tlie Master of a School aiul the Vicar of a Parish may be held hx one person if the holding of the two offices is not incompatible (A. G. v. Hartley, 1820, 2 J. & W. 369) ; and where an Advowson was part of the School endowment, it was held that the blaster or Ushei- might hold the living if the parish was within a reasonable distance of the School and the duties light, but that, otherwise, the Advowson must Ix- sold (A. G. v. Airhbishop of York. 1853, 17 B. 495). A person avIio has a controlling power of assent to the election of a Schoolmaster cannot himself hoM ihe office (Tie Risley !>rhonJ. 1830. 8 L. .1.. O. S.. Ch. 129). Granvinar ScJiooh Act, 1840 ' : — Under Seer. 6, qualifications required by existing School "Statutes" were also to be required in the case of additioi^al .Masters appointed under tlie Act. J'nblir Schools Act, 1868 : — As to the numbers and ([ualitications of Masters at the seven •"Public" Schools see Chap. III., p. 57. Board of Education Regulations for Secoit,dary Scliools-: — Art. 13 (a) provides that the teaching staff must be sufficient in number and qualification foT- providing adcijuato insti'uctioii in each sul)ject of t lir- approved cuniciilniii. (3) BY WHOM, AND HOW, APPOINTMENTS ARE MADE. The proper persons to make, ami the foiinalif iu.s of, an a])point- nient ai'e usually specified in the insl runient of I'niindat ion or tlic Scheme whirh has supplemented it {c}'. A. G. v. L'arrinytuu, 1850, I- I )<■ (i. tt Sim. iU)). If no persons are spccilicd. tlir pi'oper persons are the \ isitors ap|iuinte(l by the foumiei" {-IjCfj/t v. Leiois, 1801, 1 Kast. 395). If tiicrc arc no such V'isitors, the ])roper ' See as to this Act Cliaji. III. -See iis to these itctrulations Cliup. \' 208 SCHOOLMASTERS AND SCHOOL OFFICERS. persons are the founder or his heirs as the natural patrons (ihid., and cj. Chap. VII., Sec. (2) ). But in default of pi"oper persons, or where it is uncertain who they are, it will be necessary to apply to the Court, or (where the Crown is Visitor) to the Lord Chancellor, or to the Board of Education in its jurisdiction under the C. T. Acts.i Where the right is vested in the founder and his heirs it may be delegated by them (A. (f. V. Boucherett, 1858, 25 B. 116 ; A. G. v. Master of Brentwood Sch., 1832, 3 B. & Ad. 59). As to lapse of the right of nomination of a Schoolmaster see ,1. G. V. WycUffe, 1748, 1 Ves. S. 80. Where there is more than one elector, the majority may appoint (Withnell v. GartJiam, 1795, 6 T. R. 388; see also Wilkin- son V. Malin, 1832, 2 C. & J. 636). As to interference by the Court pending disputes as to appointments see A. G. v. Black, 1805, 11 Ves. 193, and A. G. V. Louth Fr. Sch., 1851, U B. 201. As to licensing by the Ordinary see Chap. XIV., Sec. (4). In A. G. V. Hartley, 1820, 2 J. & W. 375, it was held that, where the Master of a School had been irregularly appointed, but had acted in the post for many years and duly executed the duties, the validity of his appointment ought not to be <[uestioned. Visitors may call ixpon the proper persons to elect a Schoolmaster (^1. G. V. Black, supra), and may generally deal with questions as to the appointment of a Schoolmaster (^4. G. v. Magdalen Coll., 1847, 10 B. 402). Grammar Schools Act, 1840":— Sec 6 enacted that, in the appointment of additional Head or Under Masters under the Act, existing rights of appointment should be preserved as far as possible. Sec. 7 ■ required licences and other existing formalities in connection with the appointment of Head or Under Masters ' Sec as to these Acts Chap. III. ^ See as to this Act Chap. III. BY WHOM, AND HOW, APPOINTMENTS ARE MADE. 209 to be continued. Sec. 12 dealt with tlie lapse of right of nomination of a Schoolmaster. See. 24 preserved the rights of the Ordinary^ and, therefore, inter alin, his right to license a Head or Under Master. (Jharitahle Tmsts Acts ~ : — There are no express provisions in the C. T. Acts as to the appointment, though there a]"e as to the removal, of Schoolmasters. Fiiblic Schools Act, 1868 '■^■. — Under Sec. 13 a Head Master is to be appointed by the Croverning Body, and the other Masters by the Head Master. Endowed Schools Acts ^ ■.—Hec. 21 of End. Sch. Act, 1869, directs that every Scheme under the Act shall ])i'ovide for the aljolition of all jurisdiction of thij Ordinary i-ehiting to the licensing of Schoolmasters, or of any jurisdiction arising from such licensing. Tlic eifect of End. Sch. Act, 1868, and Sec. 55 of End. Sch. Act, 1869, is tliat tlie terms on which School- mastex-s and Officers are appointed after 25tli June, 1868, are subject to and liable to be altered by a Scheme under the End. Sch. Acts ; but the saving, under the End. Sch. Acts, of vested interests of Teachers and Officers appointed before the above date was preserved by Sec. 13 of End. Sch. Act, 1869. Under Sec. 18 of Welsh Intcrm. Education Act, 1889, no Scheme under tlie Act may interfere with an endowment taking effect aftci- the date of the passing of tlie l']nd. Sch. Act, 1869 (2nd August, 1869), unless with the consent of the Founder or (loverning JJody ; hut it has lieen hthl that the section does not Hpply to rights of patronage which are not, at the (12th August, 1889), exercised l)y ' See as to tli.' Ordinary Chap. XIV., Sec. (1). ^ See as to tJicHe Acts C'li!i|). III. •'See as to this Act Chap. III. ■• See as to these Acts Oiiip. Hi. 14 210 SCHOOLMASTERS AND SCHOOL OFFICERS. a member of the Groverning Body or possessed in consequence of any gift or donation by him (Be Swansea Gr. Sch., 1894, A. C. 252). Schemes nnder the End. Sch. Acts and C. T. Acts have usually provided that the Head Master shall be appointed [and dismissed] by the Grovernors, and Assistant Masters by tlie Head Master. The Board of Education have, of late, sometimes assented to Schemes in which the Head Master has the right to propose and to be consulted in the appointment [or dismissal] of Assistant Masters, while the actual appointment [or dismissal] rests with the Governing Body; and now, by Sec. 1 (1) of the PJndowed Schools (Mastersj Act, 1908,^ Masters in Endowed Schools, by whomsoevei- appointed, are to be deemed to be in the employment of the Governing Body, notwithstanding anything in the Scheme. Local Authorities- usually require {inter alia), as a condition of their aid to a School, that questions as to the number of the staff shall be decided, and appointments [and dismissals] of Assistant as well as Head Masters made, by the Governing Body ; or else that their sanction shall be necessary to all appointments [and dismissals] by the Governing Body, at any rate where they are not represented on such Body.-' These requirements may involve application to the Board of Education for a modification, under the C. T. Acts or End. Sch. Acts, of tlie School Scheme."^ An appointment is not completed until it is communicated to the person selected by the persons duly autliorised to make the communication (Poivell v. Lee, 1908, 24 T. L. R. 606). 1 8 Edw. VII. c. 39. See further as to thi.s Act infra, j). 222. - See as to Local Authorities generally Chap. VI. ■* See as to such representation Chap. VI. •* See as to the Board of Education Chap. V.,Sec. (1). See as to the C. T. Acts and End. Sell. Acts Cliap. 111. See as to Schemes generally Chaji. 11. CONTRACT OF SERVICE, &c. 211 (4) CONTRACT OF SERVICE, &c. The nature of a Schoolmaster's contract is defined by — (1) The Common Law : e.g. the hiw which requires a servant to serve his master faithfully ; (2) Statute : e.g. the Acts rehiring to tenure in Hndowed Schools ; (3) The School Scheme, which must he consistent with the Statutory enactments (if any) affecting the School, and which usually sjiecifies his emoluments and tenure, and his general jjowers and duties ; (4) The express terms (if any) of his engagement, wliich may include any of the above matters, must conform to the requii-ements of the law and to the School Scheme, and should be eni])odied in a written agreement. The questions of emoluments, tenure, powers, and duties are dealt with in Sees. (5), (6), and (7) of this chapter. In the interests of a School it may be necessary for the Governors or proprietors to obtain from a Schoolmaster an express agreement not to enter into competition with it. within a certain i-adius, when his engagement is terminated. But. on the principle of the decisions in liadisrhe Anilin nnd Soda Fabrik v. Sclwtt Segner ^' Co., 1892, 3 Ch. 447, and Nordenfeldt v. MaTim Nordevfeldf Co., 1894, A. ('. 535, a restriction of this nature must not In; so gener-al as to amount to a "restraint of trade," and it is not binding on :in employee if he- is wrongfully dismissed {cf. General Billposting Co. v. Atkinson, VM/J, A. C. 118). As to the law in the absence of the rest rict i..n see Infni. p. 221). In I lie case of a Sclioolmaster, the ivst net ion sliould prohibit liini IVoiii leaching, or from holding any jxist or office, or acquiring, holding, or enjoying any propi-ietary inteiest, in any School or other educational institution, within a cei-tain distance from his pres.-nf School, after the drtci-minat ion. for whatever cause, of his engagement there. 212 SCHOOLMASTERS AND SCHOOL OFFICERS. The usual form of contract by a Head Master adopted in Schemes under the C. T. Acts and End. Sch. Acts is as follows : — I declare that (o) I will always to the best of my ability discharge the duties of Head Master of School during my tenure of office, and that (h) if I am removed therefrom I will thereupon acquiesce in such removal, and relinquish all claims to the office and its future emoluments, and deliver up to the [Governors] or as they direct, possession of all the property of the School then in my possession or occupation. An infant can contract to serve, but the contract will he voidable unless beneficial to him {Clements v. L. ^' N. W. Ry. Co., 1894, 2 Q. B. 482). Sec. 1 of the Married Women's Property Act, 1870 ^ (which section was, in effect, re-enacted by Sec. 2 of the Married Women's Property Act, 1882~), gave a womau, whenever married, as her separate property, all earnings acquired by her after the passing of the Act, and all property similarly acquired by her through any literary, artistic, or scientific skill exercised by her. Sec. 22 of the Married Women's Property Act, 1882,2 repeals the Act of 1870, but saves any rights acquired thereunder. Sec. 2 of the Act of 1882. in effect, re-enacts Sec. 1 of the Act of 1870, but applies only to women married after 1st January, 1883 (see Sec. 25 of the Act of 1882). Formerly, iinder Sec. 11 of the Act of 1870 and now under Sec. 1 (2) of the Act of 1882, a married woman may maintain an action for recovery of the earnings and property above mentioned. (5) EMOLUMENTS AND RESIDENCE. The temporary illness of an employee does not justify suspension of salary {Cuckson v. Stones, 1858, 28 L. J., Q. B. 25; K— v. Baschen, 1878, 38 L. T. 38). The remuneration of the Master has a prior claim on the School revenues to expenditure on exhibitions and scholarships ' 33 & 34 Vict. c. 93. "- A^ & AG Vict. c. 75. EMOLUMENTS AXU RESIDENCE. 213 (A. G. V. Archbishop of York, 1853, 17 B. 495). Where Trustees raised the salaries of Schoolmasters beyond the tigures named by the J'ounder, the Court refused to compel the Trustees to refund the difference (^4. G. y. Dean and Canons of Christchurch, 1826. 2 Russ. 321). If u fund given for the support of a Master becomes more than his duties wuirant. the surplus will be otherwise applied for charity (.4. G. v. Master of Brentwood School, 1833. 1 My. & K. 394). Grammar Schools Act. 1840:— A^ to the effect of this Act on the emoluments. &c., of then existing Masters see Chap. TIL, p. 28. Public Schools Act. i6'6\S:— As to emoluments of Masters at the seven "Public" Schools see Chap. III., p. 57; and as to preservation of certain interests of Masters acquired before the passing of the Public Schools Act, 1864, see Chap. 111., ]). 59. Endoiced Schools Acts '^ -.—Under Sec. 1:5 of End. Sch. Act, 1869, the saving of, or compensation for, vested interests of Teachers, Officers, and Pensioners appointed before 25th June, 1868, is prescribed: but by End. Sch. Act, 1868, and Sec. 55 of End. Sch. Act. 1869. the terms on which Schoolmasters and Officers are appointed after the above date are subject to and liable to be altered by subsequent Schemes under the Ihul. Sch. Acts. Charitable Trusts Acts-: — An action l»y a Schoolmaster of an Endowed School claiming a certain emolument as an object of the Charity (i.e. not merely under a contract of employment) i^equires the Cer-tJHcate of the IJoard of Education under Sec. 17 of C. T. Act, 1853 {Briltain v. Overton, IS77. 25 Cli. I). 11, n.).=^ A claim liy a Schoolmaster for salaiy iind a pension, on the ground of wrongful dismissal, cannot be made under Romilly's Act ' if the issue raised is the absence, as distinct from tlic jjropei- exercise, of the' power to dismiss {A. G. v. Bristol Gorpn., 1845, 14 Si. 648). ' See as to these Acts Cliap. III. ^ See as to these Acts Chap. III. •' See as to this section Chap. XV., Section (4), (U). * See as to this Act Chap. XV. 214 SCHOOLMASTERS AND SCHOOL OFFICERS. Board of Education Regulations for Secondary Schools ^ ■ — Ai-t. 16 ])rovides that the salaries of Teachers must in no case be subject to variation according to the amount of Grant received. Under Art. 51 the Inspection of a School by the Board is to include the arraiigements for the boarding of Teachers. Local Authorities ~ sometimes require, in the case of Schools aided by them, that the Governing Body shall decide all questions as to emolument of, and shall pay, all Teachers, or that the Authoi-ity itself shall tix a scale of salaries. These requirements may involve applying to the Board of Education for a modification, under the C. T. Acts or End. Sch. Acts, of the School Scheme in this respect.-' Visitors may, generally speaking, deal with questions as to the emohiment and accommodation of Schoolmasters {A. (J. V. Magdalen Coll., 1847, 10 B. 409, 410), and their place of residence (E^v p. Berkhampstead Fr. Sch., 1813, 2 V. & B. 138) ; and the Court will not interfere with the visitatorial jurisdiction in such matters (ibidi)^. Under Sec. 18 of the Ecclesiastical Commissioners Act, 18(it),^ the Ecclesiastical Commissioners may make provision (out of income coming to their hands in cei'tain circumstances) for securing adequate stipends and allowances to (inter alios) School- masters of Cathedral and Collegiate Schools. As to Pensions and the charging of them on the salaries of successors see infra, p. 224. As to the removal of a Schoolmaster from School premises in consequence of his dismissal see infra, p. 225. ' See as to these Regulations Chap. V. - See as to Local Authorities generally Chap. VI. •' See as to the Board of Education Chap. V., Sec. (1). See as to the C. T. Acts and End. Sch. Acts Chap. III. See as to Schemes generallj- Chap. II. •• See as to Visitors generally Chap. VII. ■■29& soviet, c. 111. TENURE. 215 (6) TENURE. • (a) Varieties of Tenure.^ The Tenure oi a .Schouliuaster may be divided iiitu five kinds, according to the degree of security. Tn the 1st place, in most of the ancient Grammar Schools ~ he was appointed for life, in which case he was said to have an estate of freehold {Legh v. Lewis, 1801, 1 East 391 ; Be Chippivg Sodhury Free Gr. Sch., 1829, 8 L. .1., 0. S., Ch. 13; Re Roijston Free Gr. Sch., 1839, 2 B. 228; Re Phillips's Charity, 1845, 9 Jnr. 959). If he was appointed for so long as he should well conduct himself he had an estate for life (Cruise Dig., tit. XXV., pi. 27), i.e. he could only be dismissed for misconduct (infni, p. 210). In a Free Grammar School the office of Schoolmastei- was an estate of free- hold (Re Chippiny Sudbury Free Gr. Sch., sup. ; lie Royston Free Gr. Sch., «»/?.; Re Phillips's Charity, stip.). This kind of Tenure has practically ceased to exist. 27idly — A Schoolmastei- may be removable not merely for mis- conduct, but in certain other specified events (cf. Fisher v. Jaclson, 1891, 2 Ch. 84). The j)0wer of removing a Schoolmaster has, however, by the express terms of his appointment, often been made nearly as difficult as if lie had lieen appointed for life (Re Alleyns Coll., 1875, 1 A. C. 68). Srdly — He may be removable on general grounds, «._(/. ''for just cause" [Re Bedford Charity, 1833, 5 Si. 592, Bedfoi-d (ir, Sch.; lie Freviington School, 1846, 10 Jur. 512) ; oi- '' u])on such grounds as [the donees of tlic power] shall at their discretion, in the due exercise and execution of the powei-s and liHists i-eposed in tlieni, deem just" Chillis v. Childe, 1851, 13 J{. 117). ■Ifhly — His engagement may be determinabli; merely by giving him a certain amount of previous notice, such as three months ' Subject to modera legislation (pj). 216 224), the nature of tlin tenmi? and the ron8c,(|iient formalities to be observed liefore a SchoolniaHter or Otticer can be reninvcd dej)e)i(l, of course, in the first instance, on the Instrument of Fonndation or the Scheme under which lie is appointed (rf. A. (i. r. Hlack, 1H0.5, 11 Yes. litl ; H. V. Darlington Sch., 184-1.. fi (}. H. ()H2 ; Willis r. Childe, 1851. l.S H. 117; Hr Alleyn's Coll., 1875, 1 A. C. HH; Lane v. Norman, is'l), (H L. .). f'h. 149). -See as to (irMinmar Schools C'li;ip. III. 216 SCHOOLMASTERS AND SCHOOL OFFICERS. (<•/. Fottle V. Sharp, 1896, 65 L. J. Ch. 908) ; and, if lie agrees to such terms, he will apparently be bound bj them, notwithstanding that the provisions of the Trust Deed as to dismissal make no mention of notice (Eyan v. Jenhinson, 1855, 25 L. J., Q. B., 11), or merely give the Trustees power to dismiss at their discretion (2?. v. Manchester Sheffield Si' Lincolnshire By., 1854, 4 E. & B. 88). As will be seen hereafter, notice is only one of several conditions or formalities which may be required for the proper dismissal of a Schoolmaster. othly — He may be appointed to hold office simply at the discretion (R. V. Darlington Sch., 1844, 6 Q. B. 682; Willis v. Childe, snp.) or, as it is now more usually expressed, " at the pleasure " of others. As will be seen hereafter (p. 220), this is the only kind of Tenure at Endowed Schools and the seven "Public" Schools, under the Endowed Schools Acts and Public Schools Acts respectivel3^ Schoolmasters were sometimes formerly required to give Bonds to i-esign when called upon. The validity of such Bonds, if not im|n'operly used, was recognised in Legh v. Letcis, 1801, 1 East 391 (where the Bond was taken by the Patron) ; but was ruled against in Be Boyston Free Gr. Sch. 1839, 2 B. 228 (where it was taken by Trustees) on the ground not that the Bond was illegal but that the Trustees had no power to impose it. Upon the particular kind of Tenure will depend the various formalities attending the removal of a Schoolmaster or Officer. These formalities are dealt with in turn in the following Sub-sections (b) to (e). (b) For What and by Whom Dismissal may be Effected, and to Whom Appeal may be Made.^ A Schoolmaster appointed for life- was removable only in case of misconduct (Cruise Dig., tit. XXV. pi. 28 ; Be Chipping Sodhury Free Gr. Sch., 1829, 8 L. J., O. S., Ch. 18), including • As to the formalities to be observed before a Schoolmaster or Officer can be removed being dependent in the first instance on the Instrument of Foundation or the Scheme see p. 215, n. 1. - Swpra, p. 215. TENUKE. 217 neo-lect of his scholars (Doe v. Cole, 1834, 6 C. & P. 359). and persistent absence from his duties (Be Phillips's Charity, 1845, 9 Jur. 964). When a Schoolmaster holds office at the discretion, or at tlie pleasure, of others, they may at any time remove him for any reason at their discretion (R. v. Thrlington School, 1844, 6 Q. B. 682), provided that they do not act from corrupt or improper motives (Re Buxton School, 1847, 11 Jur. 581 ; Rayman V. Bngby School, 1874. 18 Eq. 66, 85, 87 ; Wright v. Zetland, 1908, 1 K. B. 70), or with a collateral object (Hayman \. Bugby Sch., sup.). As to assig-nment of reasons for, and notice of, dismissal in sucli a case see infra, pp. 221. 222. Where a Schoolmaster is i-emovable l)y othei's for '" just cause." or what they shall "deem"" to be such, tliey cannot dismiss him arbitrarily, and can only dismiss him laiion reasonable evidence of a just cause (Br Bedford Charity, 1833, 5 Si. 592; J?<^ Freitungfon Sch.. 1846, 10 Jur. 512 ; Be Fremington School, 1847. 11 Jur. 421: Willis v. Childe, 185], 1:! 15. 117). As to assignment of I'easons and allowing- a hearing- in such cases see /////■ apjxiint- mcnt was in July, and another candidate became properly fjualilied in October, and in that month gave the electors notice of his claim, but did not ]iresent a ])etiti()n for the removal until the following March); on tlic dtliri- liaini in A. G. v. Hartley, 1S20, 2 J. iV W. 375 (where tlic apiiointcc liiiil occupied llic posl tor a con.siderable pci'io'j). and A. (I. v. hi.rie, 1807, 13 ^'es. 541 (where a properly i|iialiflcd cjuididatc pul in his claim soon after the appointment), the Court declimd in leniove a School- master who had Ix-cn improperly appointed. In Wilkinson v. Maliri, 1832, 2 Tyx-. 544, it was held that a Schorilmaster elected by a ujajority could not Ix- dismissed excej)t by a majority. 218 SCHOOLMASTERS AND SCHOOL OFFICERS. In anj kind of Tenure the concurrence of the proper or prescribed parties must be obtained, according to the proper or prescribed formalities as to convening meetings, &c. (Be Fremingfon School, 1846, 10 Jur. 512 ; Re Fremingfou Sch., 1847, 11 Jur. 421 ; Fisher v. Jackson, 1891, 2 Cli. 84 ; Lane v. Norman, 1891, 6G L. T. 83). Temporai-y illness is not a good ground for dismissal of an employee (Cuckson v. Stones, 1858, 28 L. J., Q. B., 25 ; K — v. Baschen, 1878, 38 L. T. 38) ; nor is a mere misunderstanding as to his duty, provided it can be rectified (^4. G. v. Coopers' Co., 1812, 19 Ves. 192). Where a Schoolmistress accepted her appointment from certain persons who were not the proper persons to appoint her. upon condition that it was to be determinable at three months' notice, and she held the appointment for thirteen years, her plea, when she received notice from them, that the notice was not valid because it was not given by the persons who were the proper ones to appoint, Avas rejected by the Court (Pottle v. Sharpc, 1896, 65 L. J. Ch. 908). Visitors may declare the election of a Schoolmastei' void {A. G. V. Black. 1805, 11 Ves. 193). In a question as to the removal of a Schoolmaster, where there is no express trust, the Court will not interfere with the jurisdiction of Visitors — for instance, where he is not a cestui que trust, but merely an officer appointed to perform duties imposed on the School by its Statutes or Scheme ( Whiston v. Dean and Chapter of Bochester, 1849, 7 Ha. 532 ; rf. A. G. V. Magdalen Coll., 1847. 10 B. 409)1. As to the extent to which the Court has power to give redress to a dismissed Schoolmaster imder the summary procedui'e afforded by Romilly's Act see infra, p. 227. The removal of Schoolmasters and Officers has been dealt with by various Statutes as follows :— Grammar Schools Act, 1840" ■.—Under Sees. 17 and 20 the Court might empower Disciplinary Visitors and Governors to remove ' See as to Visitors generally Chap. VII. - See as to this Act Chap. III. TENURE. 219 Head and Under Mastei's for negligence in discharge of duties, or for unfitness or incompetence to discharge them properly and efficiently, fi-om immoral conduct, incapacity, age, or any othei" infirmity or cause. School Sites Act, 1841'^: — It is provided In' Sec. 17 that, in default of any specific engagement, a Schoolmaster appointed t(j a School erected upon land conveyed under the Act shall not he deemed to have acquired a life interest, but shall hold his 'office at the discretion of the Trustees. Charitable Trusts Acts- ■.—JJndev Sec. 22 of C. T. Act, 1853, the Boai'd of Education can empowei' the Trustees to remove any Sclioolmaster or t)thei' Officci' for negligence or incompetence, or unfitness from immoral cmiduct, age, or other cause, but not with- out the consent of the Special Visitor (if any)."^ Under Sec. 2 of C T. Act, 1860, the Boai-d of I:Cducatit)n may themselves ordei- the removal of a Schoolmaster or other Officer. The section confers an unqualifietl power in so far that it does not limit the grounds of removal. Under Sec. 8 a Schoolmaster or othei- Officei- who has been removed by the Board withoul the consent of tlie Trustees and Special Visitoi- (if any; may api)eal to tlic Coiii't. Under Sec. 14 (which is not to :i|>|'ly to Endowed (ii'ainmar Schools) every Schoolmaster :i|)poiiit(,(l after the passing of the Act (28th August, 1860) is removable by the Trustees or ])ersons administering the Chai'ity oi- a majority of tlicm, snbject to the !ip|.ii'oval of the Boai'd of Education iiud to ihi' written conscJit of the Special Visitor (if anyj. Tliis section confers an uncjualified power in so fai- that it does not binit the grounds for removal. Eiidmved Schools Arts^: — The almost ab.so]ute security of Tenure enjoyed by Schoolmasters, notwithstanding the Ci-ammar Schools Act, 1840, gave rise to serious alnises, tlie i-t luoval of which was amongst the reforms aimed at by the End. Suh. Acts. .\ri(,i(llngly. ' See as to thiw Act Chap. IV., See. (:?). -Sec as to these Acts Chap. III. •'See as to Visitors Chap. VFI. ^ See as to tliese Acts Cliri|>. III. 220 SCHOOLMASTERS AND SCHOOL OFFICERS. See. 22 of End. Sch. Act, 1869, requires every Scheme under the Acts to provide for the dismissal, " at pleasure," of all Teachers and Officers, including the principal Teacher, with or without power of appeal.^ The effect of End. Sch. Act, 1868, and Sec. 55 of P]nd. Sch. Act, 1869, is that the terms on which a Schoolmaster or other Officer is appointed after 25th June, 1868, are subject to, and liable to be altered by, a Scheme under the End. Sch. Acts made subsequent to his appointment ; bat by Sec. 13 of End. Sch. Act, 1869, the vested interests of Schoolmasters and Officers appointed before that date are safeguarded. As a rule the Charity Commissioners [and Board of Education] have provided, in Schemes under the C T. Acts and End. Scli. Art!<, that the Trustees or Governors shall [appoint and] dismiss at pleasure thq Head Master, and that the Head Master shall [appoint and] dismiss at jjleasure the Assistant Masters; but recent Schemes have been assented to by the Board in which it was provided that the Head Master should have the right to propose and to be consulted in the [appointment or] dismissal of Assistant Masters, while the actual [appointment or] dismissal should rest with the Governing Body. Now, however. Sec. 1 (1) of the Endowed Schools (Masters) Act. 1908," enacts that, notwithstanding anything contained in any Scheme made with reference to an Endowed School, any Master in the School, by whomsover appointed, and whether a}>pointed before or after the passing of the Act, shall be deemed to be in the employment of the Governing Body. See further as to this Act (including the powers thereunder of the Governing Bod}^ in the matter of dismissal) infra, p. 222. Public Schools Act, iS6'S ^ :— Under Sec. 13 the Head Master of any of the seven " Public " Schools must [be appointed by and] liold office at the pleasure i of the Governing Body, and all other Masters mvist [be appointed by and] hold office at the pleasure ^ of the Head Master (see Bayman v. Biigby School, 1874, 18 Eq. 28). ' See as to the words " at pleasure " sup., jsp. 216, 217. - 8 Edw. Vn. c. 39. •■' See Chap. III. TENURE. 221 Local Authorities'^ usually require {inter alia), as a condition of their aid to a School, that the Grov'erning Body shall have the sole right to [appoint and] dismiss Assistant as well as Head ^Masters ; or else that their sanction shall be necessary to all [appointments and] dismissals by the Governing Body, at any rate where they are not repi-esented on such Body.- These requii'ements may involve application to the Board of Education for a modification, under the C. T. Acts or End. Scli. Acts, of the School Scheme.-^ (c) Assignment of Reasons for Dismissal.' Generally speaking, a master need not, at the time of dismissing a servant, allege any specific act of misconduct on the part of the latter as the cause of dismissal, it being sufficient if such a cause was known to the Mastei' as in fact existent at the time (Ridguuty V. Rungerford Market Co., 1835, 3 A. & Vi. 171 ; Cussons v. Skinvcr, 1843, 11 M. & W. 161; Mercer v. Whall. 1845, 5 Q. B. 447). But where a Schoolmaster was removable for " just cause," it was lidd not sufficient to allege "divei-s good causes" (Re FremingtoH Scli., 1846, 1:',, C'liap. XV., Sec. (1) (b). ^ See as to Visitors Clinii. VH. '■ Sff .-ih to this Act Chnp. III. 15 226 SCHOOLMASTERS AND SCHOOL OFFICERS. There are similar provisions in Sec. 18 of the School Sites. Act, 1841, with regar-d to premises acquired under the School Sites Acts,^ and held over by a person who has ceased to be a Master; and in Sec. 13 of C. T. Act, 1860, with regard to a Schoolmaster or other School Officer who has been removed. In Be Godmanchester Gr. Sch., 1850, 15 Jur. 833, there had been a Petition under Romilly's Act ^ and the Grammar Sch. Act, 1840,-^ in which orders for management of the Charity were made, and it was held that a subsequent application, seeking a declaration that the Schoolmaster had been duly dismissed so as to entitle the making of a summary order for ejectment under Sec. 19 of the Grammar Sch. Act, was properly made by a further Petition under Romilly's Act, and without the necessity of first obtaining the Attorney General's Jiat for the same. (h) Remedies of Dismissed Schoolmaster. If a Schoolmaster has been dismissed, he may bi-ing an action for an injunction to restrain the dismissal (Willis v. Childe, 1851, 13 B. 117; Be.ndall v. Blair, 1890, 45 Ch. D. 139; Fisher V. JacJcson, 1891, 2 Ch. 84; and cf. the cases cited supra. pp. 217, 218). If he has been actually ejected, he can bring an action to be reinstated (Be Phillips's Charity, 1845, 9 Jur. 959), or for salary (A. G. v. Bristol Corpn., 1845, 14 Si. 648), or for damages for wrongful dismissal (Bowers v. Young, 1904, 48 S. J. 733 ; Wright V. Zetland, 1908, 1 K. B. 63). Under the old law, when a Schoolmaster held his office for life and he was subject only to the jurisdiction of the Visitor,^ there being no Governing Body in the modern sense, injunction or reinstatement was the usual rem.edy sought, but under the modern law an action for damages is the more appropriate remedy (rf. Bowers v. Young, sup.). In Wright v. Zetland (sup.) it was held that an Assistant Master's remedy was against the Head Master, who was duly ' See as to these Acts Chap. TV., Sec. (3). - See as to this Act Chap. XV. ■* See as to this Act and petitions thereunder Chap. Ill ■• See as to V^isitors Chap. VI F. POWERS AND DUTIES OF SCHOOLMASTERS. 227 empowered bj the Scheme in that case to dismiss him, and not against the Governors, although they paid his salary and could dismiss the Head Master. But see now the Endowed Schools (Masters) Act, 1908 (sup., pp. 220, 222, 223). The summar}- procedure provided by Romilly's Act ^ is availal)le for a dismissed Schoolmaster seeking redress (EePhiUips's Charity, 1845, 9 Jur. 959; Ee Fremmgton Sch., 1846, 10 Jur. 512), unless the question at issue is the power of Trustees to make the rules under which they purport to dismiss him (^4. G. v. East Eetford Gr. Srh., ■ 1848, 17 L. J. Ch. 450), or is the existence, as distinct from tlie proper exercise, of the power of removal (A. G. v. Bristol Corpn., 1845, 14 Si. 648). .Charitable Trusts Acts-: — An action by a Schoolmaster for an injunction to restrain his dismissal does not require the sanction of the Board of Education under Sec. 17 of C. T. Act, 1853 {Rendall v. Blair, 1890, 45 Cli. D. 139; Fisher v. Jackson, 1891, 2 Ch. 84) .3 As to an appeal to the Court by a Schoolmaster or Officer from an Ordei- of the Board of Education removing liim see supra, p. 219. Endoived Schools Ad, i6'«S5 h— Sec. 13 of End. Sch. Act, 1869, provides that all Schemes under the End. Scli. Acts shall save or make compensation for vested interests of Teachers or Officers appointed before 25tli .lune, 1868 (see Be Alleyns Coll., Bnlwich, 1875, 1 A. C. 68). (7) POWERS AND DUTIES OF SCHOOLMASTERS. Apart from his position as agent or servant of the (ioverning Body-' or fnuri any proprietary interest wliicli lie may have in ( he School, the ordinary duties of a Schoolmaster are the internal ' See as to tliis Act Cliap. XV. - S<.-t' as to these Acts Chaj). ILL •'See as to Sec. 17 of C. T. Act, iHo.i, CI. up, .\'V., Sec. (I) (i)). ■• See a3 to tliese Acts Chap. HI. '" See as to Goveniiii),' Bodies Chap. VIII. As to Schnoliiia.sleiH bciii^- deiMiied to be ill the ciiiiiloynient of tlie Goveniiiig Body under the Eiidoweil Scliools (Masters) Act, 19C)b, see nupra, p. 220. 228 SCHOOLMASTERS AND SCHOOL OFFICERS. organisation of the teaching and discipline of the School (including the power of expulsion or suspension of pupils) and the care of pupils. Thus, such matters as curriculum, time tables, books, and discipline of pupils are properly delegated to the Masters (c/. A. G. V. Clarendon, 1810, 17 Ves. 491, 507). As to the Master's jurisdiction over pupils generally see Chap. XIII. As to the appointment and dismissal of Assistant Masters l)y Head Masters see supra, pp. 209, 220-221, 222, 223, 224. Grammar Schools Act, 1840 ^ : — By Sec. 13 Visitors having sufficient disciplinary powers were authorised to direct returns by the Master of the state of a Grrammar School, of the books used, and of such other particulars as they might think proper. By Sec. 7 it was provided that Masters should continue to be subject to the jurisdiction of the Ordinai-y.- As to the effect of the Act on the duties and powers of then existing Masters see Chap. III. Endoioed Schools Acts •" : — As to the right of Head Masters to be supplied with drafts of Schemes framed under the Acts see Sec. 33 of End. Sch. Act, 1869. Public Schools Act, 1868^ :— Under Sec. 12 Head Masters are to be consulted and be at liberty to make proposals as to regulations at the seven " Public " Schools. Board of Education Regulations for Secondary Schools^: — Art. 13 (h) provides that the number of pupils taught together at one time must not as a rule exceed thirty, and must in no case exceed thirty-five. Under Art. 14 Schoolmasters may not undertake any other duties which, in the opinion of the Governors or of the Board, would interfere Avith the efficient discharge of their duties in the School.'^ Art. 52 states that the Board will send their Report on a School, after inspecting it, to the Head Master as well as to the Local Education Authority and the Governors. ' See as to this Act Chap. III. - See as to the Ordinary Chap. XIV., Sec. (4). •' See as to these Acts Chap. III. ■* See as to this Act Chap. III. •■' See as to these Regulations Chap. V. " See as to Schoolmaster.s serving on Local Education Committees, itc, infra, p. 233. COMPETITION OF SCHOOLMASTER WITH HIS FORMER SCHOOL. 229 (8) COMPETITION OF SCHOOLMASTER WITH HIS FORMER SCHOOL. As stated supra (p. 211), a Sclioolmaster who lias left a Scliool may be bound by the terms of his agreement not to entex' into competition with it. It is proposed, in the present section, to consider his position if he is not bound by any such express terms. In the absence of agreement to the contrary (Kat. Frovincial Bank of England v. Marshall, 1888, 40 Ch. D. 112), a servant who lias left or been discharged cannot be restrained from solicitino- or doino- business with the customers of his formei- employer (Be Irish, 1888, 40 Ch. D. 49), even though he solicited them before he had left his employer {Nichol v. Martyn, 1799, 2 Esp. 733). In Xicliol v. Martyn it was the servant's duty while serving his employer to see the latter's customers, and he solicited them for their custom as from tlie date when he was to and did leave his employer. It is, however, an implied term of every contract of service that the servant will not, during his service, use to the detriment of the master information acquired in the course and by reason of his service. Therefore, when he surreptitiously copies from the master's books the names and addresses of his customers with the intention of using them for the purpose of soliciting orders from them, and does so use them, he will not only be held liable to pay damages, but will he restrained from making further use of the information wliicii he has ol)tained (Eobb v. Green, 1895, 2 Q. 13. 315 ; Louis V. Sinellie, 1895, 73 L. T. 226 ; Connah v. Silberberg, The Times, 1st ^lay, 1908). In Connah v. Silberberg the question left to the jury appears to have been whether the names of the employers customers, who were circularised by the servant after leaving his employer, were jotted down by the servant from memory after leaving the employer, or were collected by him during the employment with the object of subsequent competition with the employer. The above doctrines must, of course, be distinguished from those which are applicable where the proprietor or part proprietor 280 SCHOOLMASTERS AND SCHOOL OFFICERS. of a School sells bis interest in the goodwill. Such a case is governed by the decision in Trego v. Hunt., 1896, A. C. 7, where it was held that a vendor of a business is entitled to set up the same business in opposition to the purchaser, in the neighbourhood, so long as ho does not canvass the customers of the old business either to deal with him or not to deal with the purchaser. (9) LIBEL AND SLANDER. It is actionable per se to impute incompetency to a School- master {Watson V. Va7iderlash, 1627, Hetl. 71) or to accuse a Schoolmaster of habitual drunkenness (Hume v. Marshall, 1877, 42 J. P. 136) ; or, after a Schoolmaster has left a certain School, for a parent to say to the Head Master that he used to drink .too much when he was there (Goslett v. Garment, 1897, 13 T. L. R. 391). If a Second Master in a School informs the Head Master, at the request of an inhabitant, and repeats to the Governors, upon their calling on him for information, that the inhabitant had seen another Master intoxicated, the statements, if made bond fide and without malice, are privileged {Hume v. Marshall, sup.). No privilege attaches to a statement made by a parent to a Head Master that a person had been seen drunk by him at a time when he was a Master in the School {Goslett v. Garment, sup.). See also the cases of Stare v. Griffith, 1869, 2 P. C. 420; and Smith V. Parker, 1844, 13 M. & W. 459). (10) COMPENSATION FOR PERSONAL INJURY. A Schoolmaster or other School Officer or servant is within the definition of " workman " contained in Sec. 13 of the Workmen's Compensation Act, 1906,^ as being a "person who has entered 1 6 Edw. VII. c. 58. COMPENSATION FOR PERSONAL INJURY. 231 » into or works under a contract of service or apprenticesliip with an employer, whether by way of manual labour, clerical work, oi* otherwise," and, consequently, if he is personally injured by accident arising out of and in the course of his employment, the employer is liable to pay compensation (Sec. 1 (1)) according to the Scale provided by the Act ; but Sec. 13 further defines "workman" as not including "any person employed otherwise than by way of manual labour whose remunei'ation ^ exceeds £250 a year, or a person whose employment is of a casual nature and who is employed otherwise than for the purpose of the employer's trade or business." In the event of the injuiy to the workman being attributable to his serious and wilful misconduct, the employer will not be liable unless the injury results in death or serious and permanent disablement (Sec. 1 (2), (c)). Apart from the Act of 1906, the employer's liabilities for injuries to his employee are as follows : — (1) At Common Law the employee can, but, if he does not survive, his representatives cannot, recover damages for injury caused by the negligence of the employer ; the employee cannot, however, recover if the injuiy is caused by the negligence of a fellow^ employee (including a manager, superintendent, or foreman), or if the employee has himself, by his negligence, conti'ibuted to the injmy ; (2) Under Lord Campbell's Act, 1846,~ i-elatives of a deceased employee were enabled to recover compensation if the employee, had he lived, could have recovered damages ; (3) Under the Employer's Liability Act, 1880,^ which applied only to workmen engaged in manual labour and to railway servants, the employer was made liable for the negligence of his superintendent; but the Act permitted an employer to contract out of liis liabilities to his employee. 'Meaning (aemhle) remuneration from "" uins, e.g. tin) ni.';,' regale remuneration of a visiting masic master who gives lessons in more than one house or school. = 9 & 10 Vict. c. 93. ' 13 k U Vict. c. 42. 23-2 SCHOOLMASTERS AND SCHOOL OFFICERS. The Workmen's Compensatiou Act, 1897,^ wliicli was confined to a few leading industries, was repealed by the Act of 1906. The Act of 1906, while greatly extending the class of workmen benefited by the Act of 1897, preserves its main features, including two principles which for the first time obtained recognition under the Act of 1897. These are the extension of the employee's right of compensation to cases where the injury is not caused by the employer's negligence, and the practical abolition of the employer's privilege of contracting out of his liabilities. The serious and wilful misconduct of a workman was, however, a bar to compensa- tion, whatever the result of the injury, under the Act of 1897 (and see now Sec. 1 (2) (c) of the Act of 1906, S7ipra). Polici*es of Assurance taken out by employers against liability for injuries to employees usually cover the liability at Common Law and under the Acts of 1846 and 1880 as well as under the Act of 1906. (11) MISCELLANEOUS MATTERS. As to the corpoi-ate capacity of a Schoolmastei' in ancient Schools see Chap 1., pp. 10, 13. As to Income Tax, Inhabited House Duty, and Poor Rate in connection with Schoolmasters and Officers see Chap. XL, pp. 188, 196, 201. Where a Schoolmaster could be removed or resign at three months' notice, the office to be vacated, in either case, only on 21st June or 21st December, it Avas held that, w^hen the School- house w^as taken compulsorily under the Lands Clauses Act, 1845,~ he could only recover compensation under Sec. 121 as a tenant from year to year (i?. v. Manchester Sheffield and Lincolnshire By., 1854, 4 E. & B. 88). Under Sec. 17 (4) and Sec. 23 (7) of the Education Act, 1902,^ as read with Sec. 12 of Municipal Corporations Act, 1882,^ and 1 60 & 61 Vict. c. 37. 2 g & 9 yjct, ^ ig, ■'2 Edw. VIL c. 42; see Chap. VL, Sec. (4). " 45 & 46 Vict. c. 50. MISCELLANEOUS MATTERS. 233 Sec. 75 of Local Government Act, 1888,i a Teaclier or Officer of a Scliool provided or maintained b}' a Local Authority is disqualified from being a member of tliat Antliority, but a Teacher or Officer of a School aided, provided, or maintained by a Local Authority is not disqualified from being- a member of its Education Committee (see Chap. VI., Sec. (3) (e)). Under Art. 11 (i.) of the Board of Education Regulations for the Preliminary Education of Elementary School Teachers ~ a paid Teacher of a Secondary School may not be the " CoiTespondent," with the Board of Education, of a Pupil Teacher Centre. For the pui-poses of the Board of Education Regulations for Secondary Schools^ the Board require Records of the Staff to be kept in books supplied by the Board. No requirement for the vaccination of a ]\Iaster in a Secondary School, or for a declaration by him of conscientious objection to such vaccination, is contained in the Board of Education Regulation.s for Secondary Schools ^ or elsewhere. Local Authorities may provide vehicles for, or pay the travelling expenses of, teachers (Sec. 23 (1) of I]ducation Act, 1902). ^ > 51 & 52 Vict. c. 41. ^ Sec as to these KcguldiionB Cliui>. V., Si-c. (4). ■■' See as to these llegulations Chap. V., Sec. (3). "2 Edw. VIL, c. 42; see Chap. VI., Sec. (4). 234 PUPILS. isood lO CHAPTER XIII. PUPILS. (1) CONDITIONS OF ADMISSION, &c. (a) .Generally. The conditions of admission to a School are, of course, an essential part of the School Scheme,^ which should, consequently, make provision for such matters as the class or locality to be served, age, religion, entrance examination, free scholars, scholar- ships, tuition fees, and boarders. The old Grammar Schools were, generally speaking, Church of England Schools,^ providing free education, mainly in the classics, to day scholars who were sons of local residents. The system of extending the cui'riculum, throwing open the Schools and their scholarships and exhibitions to a wider area, including the introduction of children not of the Church of England, and of paying pupils and (in special circumstances) boarders, was, howevei', ultimately found necessary in the public interest, and was facilitated by the Grammar Sch. Act, 18-iO, and, in certain respects, by the Charitable Trusts Acts, before the passing of the End. Sch. Acts,^ which were the main factor in bringing about the change. The question of curriculum is refei^ed to in a subsequent part of this chapter (p. 257), and that of religion in Chap. XIV., Sec. (7). ' See as to Schemes generally Chap. II. - See Chap. XIV., Sec. (8). ■' See generally as to these groups of Acts Chap. III. CONDITIONS OF ADMISSION, &c. 235 The following were decisions as to extending the benetits of Schools to non-inhabitants, paying pupils, and boarders : — A. G. V. Clarendon, 1810, 17 Ves. 507, Harrow Sch. (admission of non-foundationers directed, without prejudice to the children of poor inhabitants) ; A. G. V. Bean and Canons of Christchurch, 1822, Jac. 474, Portsmouth Gr. Sch. (Head Master allowed to take Boarders ; number of Free Scholars limited) ; He Eucjby School,^ 1839, 1 B. 457 (discouragement of admission of boys under twelve disapproved ; eligibility of other than Free Scholars to Exhibitions approved) ; A. G. V. Stamford, 1842, 1 Ph. 754, 757, Manchester Gr. Sch.^ (admission of children of any age capable of instruction approved ; eligibility of Boarders for Exhibitions approved conditionally) ; .4. G. v. Devon, 1846, 15 Si. 193, BlundelTs Sch. (Master.s not allowed to take Boarders) ; A. G. V. Ludlotc Corporafiov, 1848, 2 Ph. 685 (Boarders excluded from Exhibitions provided out of surplus funds) ; A. G. v. Stamford, 1849, 16 Si. 453, :\lanc]iester Gr. Sch.'-^ (Masters forbidden to take any further Boarders ; Boarders excluded in future from Exhibitions) ; S. G. v. Ihdh Corpn., 1849, 18 L. J., Cli. 275 (Exhibitions confined to Free Scholars, to the exclusion of Boarders) ; A. C. v. JUk/iojj of Worcester, 1851. 9 Ha. 328 (held that in (irammar Schools there is no general rule against admission of Boarders, so long as admission aiid proper education of Free Scholars is not affected) ; ' As to this School's exemption from the Grammar Sch. Act, 1840, and the End. Sch. Acts, but its inclusion in tlie Public Scliools Act, 1868, see Chaji. ill. - As to this School's exemption from the Grammar Sch. Act, IWO wee Chap. III. 236 PUPILS. A. G. V. Archbishop of York, 1853, 17 B. 495 (remuneration of the Master held to have prior ckiim on revenues to the granting of Exhibitions and Scholarships) ; A. G. V. Sherborne Gr. Sch., 1854, 18 B. 279 (Governors vpith powers to make Ordinances held entitled to confine Exhibitions to boys proceeding to the Universities) ; Be Bristol Fr. Gr. Sch., 1860, 28 B. 172, 173 (Masters not allowed to take Boarders. Dictum that Court would not interfere where a School had attained great success either by admitting or by rejecting Boarders) ; .4. G. V. Gloucester Corpi., 1860, 28 B. 438 (taking of Boarders by Head Master not allowed so long as School revenues provided sufficient salary for a competent Head Master without its being supplemented by fees from Boarders) ; Berkhampstead School Ga., 1865, 1 Eq. 102 (charging of a small fee, and providing Exhibitions out of School I'evenues in order to secure gift of further Exhibitions sanctioned ; numbei' of Free Scholarships to inhabitants limited ; and Head Master allowed to take Boarders i) ; Manchester [_Gr.'] School Ca.,"~ 1867, 2 Ch. 497 (introduction of paying pupils allowed ; distinctions, with regard to exhibitions and prizes, between Free Scholars and others abolished) ; Be Latymers Charity, 1869, 7 Eq. 353, 361 (small fees allowed ; benefits of School extended to wider area) . Where a Founder gave the direction and management of a Free Grammar School to the Trustees, it was held that they were the ^ This Scheme was one of many in connection with the School, the first in 1841 and the most recent in 1907, by which latter date it was found necessary by the Board of Education to confine the local pi-ivileges to a reduction of fees for inhabitants requiring assistance (see Re Berkhamsted Gr. Sch., 1908, 2 Ch. 25). - See p. 235, n. 2. CONDITIONS OF ADMISSION, &c. 237 persons to nominate the pupils (^-1. G. v. Dean and Canons of Chnstchurch, 1822, Jac. 474) .1 In Manchester School Ca.~ 1867, 2 Ch. 497, the admission of Free Scholars by competitive examination was disapproved. Where a particular qualification, e.g. that pupils must be sons of parishioners (Etheringtou v. Wilson, 1875, 1 Ch. D. 160, Christ's Hospital), or miTst conform to certain religious observances (cf. A. G. V. Calvert, 1857, 23 B. 248, 257, 261), is required, it is immaterial by what method the qualitication is obtained if it in fact exi.sts.' As to the jurisdiction of Visitors in regard to the admission of pupils, cf. Chap. YII., p. 113. As to conditions of admission of pupils, including boarder.s, under the Public Schools Act, 1868, see Chap. III., p. 57. (b) Charging of Fees; Scholarships; and Exhibitions. As to Free Scholars and Exhibitioners in ancient Grammar Schools see supra, pp. 234-236. Where a Scheme px-ovided that Exhibitions should be open tf) boys " Avho shall have been " three years at the School, it was held that the three years must immediately precede the award (Re Stories University Gift, 1860, 2 De G. F. & J. 529). Where a Scheme provided that Scholars were to be elected by competitive examination, preference being given, cgsteris paribus, to one who should be the son of a freeman of the town, it was held that, unless the difference between candidates was so .slight as to make them nearly equal, the competitive test must prevail (Re Nettle's Charity, 1872, 14 Eq. 434). Although a forthcoming examination for a Scholarslii)) be announced, the Scholarship need not be awarded if the announce- ment contained no statement thnt it would be; so that the candidate with the highest marks cannot insist on being awarded the ' As to Patronage generally see Chap. II., Sec. (4). 2 See p. 23.5, n. 2. 238 PUPILS. Scholarship, even though it was founded by a Trust Deed which directed that it should be awarded to the pupil passing the best examination (Rookp v. Baioson, 1895, 1 Ch. 480^). Endoived Schools Ads" -.—Undev Sec. 38 of the End. Sch. Act, 1869, a Scheme abolishing any restriction which makes any Exhibition tenable only at a particular College or Hall in any University requires, in certain cases, the consent of the College or Hall. Under Sec. 14 of the Act, no Scheme imder j:he Acts can interfei-e with any Exhibition (other than one restricted to any School or district) forming part of the foundation of any College in Oxford or Cambridge, unless the College assent. Under Sec. 7, the term "Exhibition" includes a Scholarship. Under Sec. 55, the rights of Exhibitioners and Scholars acquired after the passing of the Act are to be subject to any Schemes which may be subsequently made under the Acts. Public Schools Acts^: — As to the admission and rights of Foundationers, and as to Scholarships at the seven " Public " Schools see Chap. 111. (pp. 57, 58). Board of Edncatioii Begulafions for Secondary Schools*: — Art. 17 provides that no pupil may be refused admission except on reasonable grounds. Arts. 19 and 20 deal with Fees as follows : — Art. 19. — The School maj^ be with or without fees, but any scale of fees must be approved by tlie Board, and no fee or other payment shall be received from or on behalf of any pupil except under rules made by tlie Governors and approved by tlie Board in accordance with the Appendix ■' to these Eegulatious. Art. 20. — In all fee-charging Schools a proportion of free places must be open in each year to pupils entering from Public Elementary Schools under the conditions laid down in the Appendix to these Regulations. This proportion will ordinarily be twenty-tive per cent. ' In the same case it was held that an action by a candidate claiming- a Scholarship required the Certificate of the Charity Commissioners [Board of Education] under Sec. 17 of C. T. Act, 1853 (see Chap. XY., Sec. (4), (b)). - See as to these Acts Chap. III. ■' See as to these Acts Chap. III. '* See as to those Regulations Cha(). \'. " See Appendix II. of this book. CONDITIONS OF ADMISSION, &c. 239 of the total unmber of pupils adnaitted to the School during the previous year, but may be reduced or varied by the Board on snflBcieut grounds in the case of any particular School or any particular year. The Board's Circular 568 (1907) contains the following observa- tions on Art. 20 : — " It is possible that in some cases an arrangement accepted by the Board as satisfactory for the admission of scholars from Public Elementary Schools without payment of fees cannot ])e carried into effect, owing to restrictions placed on the Governors' discretion by provisions in the Schemes or other instruments by which the School is governed .... •■ The following alternative draft clauses have been prepared, the introduction of which, by amending Schemes, may serve to give to existing Schemes sufficient elasticity for the purposes of this Article : — " (a) The Governors may from time to time, with the approval of the Board of Education (signified by writing under their seal), make such regulations for the admission of scholars who havev previously attended Public Elementary Schools, and for the exemi)- tion of any such scholai's from payment of tuition fees, as arc necessary to enable the Governors to comply with any conditions as to grants or additional grants contained in or required undei- any regulations made by the Board of P^ducation. " (?)) Not\vithstanding anything contained in the Scheme vi' , 18 , the Governors may from time to time, with the approval of the Board of Education (signified by writing under their seal), make such regulations for the admission of scholars who have previously attended Public Elementaiy Schools, and for the excmjition of any such scholars from the payment of fees, as are necessary to enable the Governors to comply with any conditions as to grants or additional grants contained in or re(|uired under any regulations made by tlie Board of Etiucatiou. and any such regulations made by the Governors may be made to take effect in substitution for iill or any of the provisions of the saiil Scheme relating to free jiiaces, scholarships, or exiiihitions. "Provided tliat nothing in any such i-egulalions shall " (a) Abridge any privilege or educational advantage to which any particular class of persons arc under the said Scheme entitled (whether as inliabitants of a particular area or otherwise) ; oi- " ((*) Be inconsistent witli tlii- provi'-Ioii'^ nf (he Endowed Schools Acts, 18G9, 1873, and IS? I. 240 PUPILS. "In deciding- what proportion of free places in a School must be offered to scholars from Public Elementary Schools, the Board must be guided by considerations of educational policy, and not by considerations of what is or is not permitted under the provisions of an existing Scheme or governing- instrument, which were usually framed in view of circumstances widely different from those now existing. The Governors must, therefore, prepare themselves to take or concur in any steps which may be necessary to remove any obstacles caused by such provisions." The Appendix to the Board's Regulations ^ contains the Rules with regard to fees and free places in connection with Arts. 19 and 20. It deals with the subjects to be covered by the fees ; the differentiation of fees according to age ; entrance fees ; boarding- fees ; extra fees ; charges for books and instruments ; meaning of " free place " ; entrance test for free places ; area from which candidates for free places are to be drawn, their age, and the method of examining and selecting- them. Under Art. 51 inspection of a School is to include the arrangements for the boarding of pupils. Instruction in a Secondary School by means of Scholarships or of free tuition, and, in some cases, of allowances for incidental expenses, provided by the School or b}^ Local Authorities,- has become a recognised part of the preliminary education of children preparing to be Elementary School Teachers. The recipients of these benefits have to pass thi'ough one or more of the stages of being '' Pupil Teachers," " Bursars," and " Student Teachers," and may even have enjoyed similar benefits before reaching any of such stages. In any case they must, on or before leaving- the School, have passed the Preliminary Examination for the Elementary School Teachers' Certificate or certain other examinations, which qualify them for entrance to a Training College. The stages in question ' See App. 11. of this book. ^ E.g. travelling expenses and book allowances (cf. ]i. 96). CONDITIONS OF ADMISSION, &c. 241 are defined in the " Board of Education Regulations for the Preliminary Education of Elementary School Teachers," and are as follows ^ : — (1) Two years as a Pupil Teacher, beginning at over sixteen but not over eighteen,^ each year being divided between — (a) Training to teach in an Elementary School ; and (h) Instruction — (i.) in a Pupil Teacher Centre (which may be part of, or attached to, a Secondary School) ; or (ii.) where a Pupil Teacher Centre is impossible, in Central Classes (which may be in a Secondary School) ; or (2) Two years' instruction in an efficient Secondary School,-'^ followed immediately by one year ^ as a Bursar in the same School, beginning at over sixteen but not over eighteen ; followed — (a) immediately, by one or two years as a Shidenf Teacher in a Public f]lementary School, during which he must continue his general education, including some study (at his former Secondary School-^) ; or (/>) by admission to a Training College for Elementary School Teachers ; or (;^>) Thiee years as a i)n])il in an efficient Secondary School,^* fullf.wcil by one or two years as a Student Teacher as above, provided that the age of seventeen has been attained and one of the examinations mentioned above (p. 240) has been passed. ' See particularly ArtH. o, 7, II, lo (r), 35, H7, :5y, and -l-O. -■ Or one year only if the Pupil 'I'eaclicr is over Hovcntcon at tlio l.i-innin^r of ii ; or three years beginning at over fifteen but not over sixteen, in lural (listiicts. Tlie Puiiil TeiK-her stage may bo preceded by instrnction ni " Prei.anitory flasses" attached to a Pupil' Teacher Centre (Arts. 20 to 23), but no such clasKes are recognised at a Centre forming part of or attacheil to a Secondary School nnlcRS they were so recognised before Ist August, HX)/ (.\rt. 20 («) ). ■^ As to the term "efficient" sec pp. H4, Ho. ' But sec p. 242, n. 2, •Para H of Board of Education Circular r,\)~ (HJOH) on Student Teachers. l6 242 PUPILS. Tlie Secondary School or the Authority providing^ the benefits mentioned on p. 240 receives Parliamentary Grants in respect of the Pupil Teachers and Bursars who are thus benefited.^ The amount of the Grant depends partly upon whether a Pupil Teacher or Bursar has passed the examinations previously referred to, and, in the case of a Bursar, also upon whether he has entered a Training College or (in the alternative) completed a year as Student Teacher.2 There cannot be a Secondary School Grant in respect of a Pupil Teacher as well as a Pupil Teacher Grant. There can, however, be both a Bursary Grant and Secondary School Grant in respect of a Bursar. The Board's Circular 568 (1907) explains, in this connection, that where the School Scheme contains provisions (e.g. as to the age of scholars) which preclude the Governors from admitting, whether as Pupil Teachers or Bursars, children who intend to become teachers in Public Elementary Schools, the Board are prepared to introduce into the Scheme the following clause : — The Governors may, with the approval in writinjj: of the Board of Education, make special provision in, or in connection with, the School, for the education of boys [or girls] who intend to become teachers in Public Elementary Schools, and may, with the like approval, make such modifications in the foregoing provisions relating to age, instruction, examination, and fees, as they think suitable for the purpose. (2) THE NATURE OF THE CONTRACT BETWEEN THE PARENT AND THE SCHOOL AUTHORITIES. The admission of a pupil implies, on the one hand, that he will be taken care of,-^ educated (Price v. WUkiiis, 1888, 58 L. T. 680), and (if he is a boarder) boarded and lodged (ibid. ; ^ Such grants are, in certain cases, given also in aid of the Examination Fees for Bursars (Art. 34 (c) ). ^ Arts. 24, 26, 27, 29-34. Some Local Authorities have extended Bursar- ships for a further year beyond the one for which the Board gives a Bursnry G-rant {supra). ■■' See hifra, p. 248. CONTRACT BETWEEN PARENT AND SCHOOL AUTHORITIES. 243 cf. Clements v. May, 183(), 7 C. & P. 678) ; and, on the other, that he and those wlio placed him at the School will be bound bj the regulations and rules of the School as to ]iaynient of fees, curriculum, discipline, and otherwise. ^ In Price v. Wilkinx (supra) it was stated by Wills, J., that the parent accepts the School- m.aster's right to enforce the School rules '• or, to yiut it at the very lowest, at all events such of them as were known to the defendant [the parent] and assented to bv him " ; but it is submitted that it would be unreasonable to have to make known to a parent every rule that is to govern the boy's school life, and that, whether the regulations and rales are known to the parent or not, he must, when he sends his child to the School, be taken to accept all those Avhicli lie is given the opportunity of knowing and any others which are customary oi' justifiable. A declaration, by a parent or other person, appended to the Form of Application for admission, that the application implies acceptance of the regulations and rules, is advisable, as it places the obligation beyond doubt, and fixes it on a definite individual. When a parent breaks his couti-act, the Sclioolmaster has the right to put an end to it. Thus, in rr/'ce v. Willa'iis (supra), where the parent had, during teini time, committed an act subversive of the Schof)l disciph'nc, it was lield that the School- master might i-efuse to keep t!ic |)U|)il fm- the )-est of the term, ])Vit that the parent's lial)ility to pay the full Icrin fees, whicli were payable in advance, continued. The parent would presumably liave an equal right to put an end to the contract if the Sclioolmaster broke it. Where a ])arent sought to prove that a Schoolmaster had lii'oken liis contract by finnishijig a pupil with itisufliiuent instruction, board, .'(iid lodging, he was not allowed lo adduce evidence of tlie Schoolmastei'S treatment of other jiupils (( 'Icvienis V. ^^o^/, 1886, snprn). The School authorities have no j)OWOi' to charge a parent for clothing sup|)lied to a, pupil without the sanction, express or inij.lied. of the parent (I'lennnils v. Williams, IH'M . ^ V. Si P. ^S). ' .'\.s t(i t\u' legal cfFnct of viirioiifi rt'gulatioii.s see iiifni. 244 PUPILS. Prospectus.— Jn Edgar v. Blick, 1816, 1 Stark. 464, and Clay V. C7vffs, 1851, 20 L. J. Ex. 361 (a School case), it was held that a prospectus could be put in evidence without being stamped ; but in Williams v. Sfoughton, 1817, 2 Stark. 292, a Schoolmaster who was relying on the terms of his prospectus was not allowed to put tliose terms in evidence except by the production of the actual copy, stamped as an agreement (with a sixpenny stamp), Avhich he had originally supplied to the parent. The principles to be deduced from these three decisions may be stated as follows : — (i.) the question whether a School prospectus requires a stamp or not depends on whether it is a memorandum in writing constituting part of the contract or is merely a proposition stating tei'ms which are adopted in a subsequent contract ; (ii.) if the terms of the prospectus are varied by a verbal olfer made by the Schoolmaster, the prospectus does not require to be stamped ; (iii.) semble, although the terms are not thus varied, nevertheless, unless the prospectus is expressly put forward and adopted as an actual written contract, there is a parol contract only, and the prospectus does not require to be stamped. It is difficult to see why a School prospectus requires to be stamped any more than a book of rules or an advertisement of a School, the perusal of either of which leads a parent to send his child to the School ; and in the various cases cited ■hifra (pp. 247, 248), where the liability to pay certain fees depended, or partly depended, on the terms of a prospectus ()!• like document, there is no mention of any stamp.^ In Clements v. 2Iay {supra), where a Schoolmaster wrote to a parent " In reply to your favour of the 24th, I have the pleasiu-e to hand you a prospectus of my establishment and to say that the extra charges for washing, &c., are, &c. (specifying them). Upon consideration, however, of two brothers being sent, I will consent to waive these extra charges, and to make the terms as stated, inclusive of all the expense," the Court thought that the letter required a stamp, and they allowed it to be stamped accordingly. 1 See, for the case of a trade advertis'.Mnent, which it was held need not be stamped, Carlill r. Carbolic Smoke Ball Co., 1892, 2 Q. B. 489, 490. CONTRACT BETWEEN PARENT AND SCHOOL AUTHORITIES. 245 (a) By Whom Fees are Payable. In the absence of declaration or contract ((/. supra, p. 243), the parent or guardian or other person who places the pupil at the School will prima facie be held res])onsibIe for the fees (Bac. Abr. Infancy I°l). When a contract is made by a married woman, it is a question of fact whether she does so as agent for her husband or whether she is contracting to the extent only of hei- separate estate ; but there is a presumption that, if she is living with her husband, she has his authority to })ledge his credit for the necessaries of herself and the household, and he will be held liable unless he can rebut that presumption {Montaque v. Benedict, 1825, 3 B. & C. 635 ; Jtieid V. Teakle, 1853, 13 C. B. 627; Jolly v. Bees, 1864, 15 C. B., X. S. 628). The education of a child is not, however, as a matter of course, a " necessary " in the above sense, seeing that parents are under no legal obligation, apart from the Elementary Education Acts, to educate their children {cf. Hodges v. Hodges, infra) ; but in M' George V. Egan, 1839, 7 Scott, 112, evidence that the wife ordered, and the husband paid for, some things for household use was admitted as evidence that the wife's contract for the education of a member of the household, who was not their child, was binding on the husband. Where a wife was living apart from her husband, fur reasons which were sufficient to justify her in so doing, and she had the lawful custody of an infant child iiiidei' the Custody of Infants Act, 1839, ^ it was held tluit the reasonable expenses of providing clothes and food for the child were part of the reasonable expenses of the wife, for wliich slic could pledge her husband's credit (Bazeley v. Forder, 1868, 3 l^. B. 559) ; l)ut wIumc a wife, on account of ill-treatment bv her husband, went lo live with her son, will) provided boai-d, lodging, and education for her children, it was lield that nothing could l>e recovered by liim fi-om the husband for money spent on the education of (In- children, since the husbaml was not hound t(j educate them (Hodges v. Hodges, 1796, Peake, A.ld Ca. 79). 2 & '.i Vict. c. 54 (since repptilcd). 246 PUPILS. The Married Women's Property Acts, 1882,^ Sec. 1 (1) and (2), and 1893,- Sec. 1, gave to a married woman as her separate estate property which previously could only have become such by the intervention of a trustee, and enabled her to contract and render herself liable in respect of her separate estate, present and futui-e, as if she were a feme sole ; but the Acts contained nothing which interfered with the presumption above I'eferred to. Sec. 1 of the Act of 1893 expressly excepts her separate estate from contracts entered into by hei- " as agent," and it was held in Paqnin V. Beauclerk, 1906, A. C. 148, that, if she is within the exception in the section, it is immaterial whether the party with whom she contracts does or does not know she is a married woman. A mai'ried woman cannot bind such of her separate estate as is subject to a restraint on anticipation (Pike v. Fitzgihhon, 1881, 17 Ch. D. 454; Bursill v. Tanner, 1884, 13 Q. B. D. 691: Sec. 19 of the Act of 1882; Sec. 1 of the Act of 1893). An infant may bind himself to pay for his tuition (Co. Litt. 172a), and, in addition, his board and lodging at School (9 Vin. Abr. Enfant C. (10)). In Darnell v. Trait, 1825, 2 C. & P. 82, a mother took her child to School and a bill was subsequently delivered to the defendant, the child's uncle, who verbally admitted his liability to pay it ; but, in the action against the uncle by the School- master for payment of the bill, the uncle pleaded the Statute of Frauds,'^ Sec. 4 of which provides (inter alia.) that "no action shall be brought, whereby to charge the defendant upon any special promise to answer for the debt .... of another person, unless the agreement upon which such action shall be brought, or some memoi^andum or note thereof, shall be in writing and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorised." It was held, however, on the evidence, that the uncle was the principal debtor, and not a surety for the mother, and was therefore not entitled to plead the Statute. ' 45 & 46 Vict. c. 75. - 56 & 57 Vict. c. 63. ' 29 Car. IT. c. 3. CONTRACT BETWEEN PARENT AND SCHOOL AUTHORITIES, ^-il (b) When Fees are Due. It is commonly stipulated that fees shall be payable each term m advance, and this practice is followed in Schemes under the C. T. Acts and End. Sch. Acts. " In advance " must, it is submitted, be taken to mean in advance of the commencement of the period for which the parent has contracted that the pupil shall attend. Where fees were payable in advance, and a mothei', on receipt of an account for the ensuing term with notification of the date of its commencement, wrote, on the day of its commencement, that her son woiild return on a specified date (a feAv days later), and subsequently wrote that he would not return at all, and he did not, it was held that the full fees, including boarding- fees, were payable {Jones v. Txirner, 1891, 7 T. L. R. 421). In order to preclude any doubt as to whether a parent has or has not contracted that a pupil shall attend foi- a given term, and to prevent the parent from being able to determine his contract immediately before a term begins, thei'e should l)e a regulation that a contract for continuous attendance from term to term shall be presumed until determined by notice given at a defined previous date. If the required notice is not given, the School authorities can recover their actual pecuniary loss arising from the non- attendance (Denma)i v. Winstanley, 1887, 4 T. \i. H. 127). In that case the pupil (a girl) liad been absent owing to :ni epidemic since the middle of tlie previous tei^m, but there was nothing to prevent her returning for the term in respect of which the claim was made. It is, however, ordinarily provided that, in default of the required notice being given, a whole term's fees shall be paid ; and this, though in the form of a penalty, has been held to be not unreasonable (Eardley v. Price, 1806, 2 Jios. & Pul. N. K. 333; Lennssen v. Thornton, 1887, 3 T. L. R. 657). Absence through illness is, however, not a breach of a contract not to "remove" a pupil Itcfoi'o a given term williout notice {Simeon v. Watsou, 1877, 46 I.. .1., C. P.. (i7!t, whvro flic pupil's ab.sence through illness bad commenced in tlic previous term). 248 PUPILS- In Collins v. Price, 1828, 5 Bing. 132, where the fees were payable, or had always been paid, terminally, and the pupil returned to School at the beginning of, a term, it was held that the whole term must be paid for, notwithstanding the absence, through illness, of the pupil during all but the first few days of the term. As to the position where a term's fees are due at the end of the term and the parent is adjudicated bankrupt during the term see Parslow v. Bearlove, 1804, 4 East, 438, and HopUns V. TJiovias, 1860, 7 C. B., N. S., 711. It may here be noted, with regard to disputes between the School authorities and parents as to the amount of fees due, that if a cheque is sent for a sum less than is claimed and is stated to be " in full of all demands " the cheque may be kept, cashed, and acknowledged, as " on account," and a demand made for the balance (Day v. McLea, 1889, 22 Q. B. D. 610, where the Court of Appeal followed an unreported decision by that Court in 1879 in Millpr v. Da vies ; and see Ackroyd V. Smithies, 1885, 54 L. T. 130). (i) THE CARE OF PUPILS. (a) Protection of Pupils from Physical Injury. Generally speaking, it is the duty of the Schoolmaster to take such care of his pupils as a careful father would take f)f his children, and to have regard to the ordinary nature of young boys, their tendency to mischievous acts, and their propensity to meddle with anything that com.es in their way (Williaws V. Eady, 1893, 10 T. L. R. 41). In that case a schoolboy Avho found a bottle of phosphorus lying in the school conservatory, in playing with it, caused it to explode and injui-e another boy (the plaintiff), and the Schoolmaster (the defendant), who could not prove that he had taken every precaution to keep it out of the way of the boys, was held liable. Contributory negligence THE CARE OF PUPILS. 249 is not to be imputed to joung children in the same way as to adults, seeing that the formei' cannot be expected to be us careful as the latter {Lynch v. Nurdin, 1841, 1 Q. B. 29, where a child, who was injured in consequence of his own mischief while committing a trespass, was successful in an action for damages ; cf. Williams v. Eady, supra ; and Cormack v. School Board of Wick, infra, p. 251). In 7v/;/;/ v. Ford, 1816, 1 Stark. 421, it was said that a Schoolmaster would be liable for an accident caused by firewoi'ks used by a schoolboy, not mereh' if the master himself handed them to the boy, bvxt even if the master, knowing that they would be used, neglected to prevent the boy from getting possession of them ; but the soundness of the dictum is questioned at p. 500 of Beven on Negligence, Vol. I. (3rd ed). Pei'sons who play games take the risks which, apart from foul play, are incident thereto, and will liavc Jio remedy for their injuries {Rdd v. Mitchell, 1885, Ct. of Sess. Ca., Series IV., Vol. 12, 1132). In view of the use in Schools of special structures, apparatus, and plant, and of the personal injitries which may be caused by defects in the same, the principles which determine the liability for sucli defects may be usefully considered, and may be stated as follows : — If B contracts with A for the su])ply to B of a tiling for a particular purpose, A is presumed to have a superior know- ledge, on which B is entitled to rely, without obtaining an independent test, as to the fitness of the thing for the purpose; so that, if B is injui-ed owing to a defect in the thing as supplied to him, he can recover damages from A. The following cases illustrate this proposition: — Levij v. Langridgru 1838, 4 M. & W. 337 (vendor of a. defective gun held liable to purchaser i) ; George v. Skivinqton, 1809, 5 Kx. 1 (chemist who made up and sold a dangerous hair wash held liable to purchaser^ ; ' In that case the vendor had given an express warranty, which was false. 250 PUPILS. Francis v, GockreU, 1870, 5 Q. B. 501 (provider of a badly constructed race stand held liable to person who paid for and occupied a seat thereon, though the money went to the race fund) ; Heaven v. Pender, 1883, 11 Q. B. D. 503 (dock-owner supplying defective staging to painter of a ship in dock held liable to him) ; Mowbray v. Merry weather, 1895, 2 Q. B. 640 (stevedore supplying his men with defective gear for discharging cargo admitted to be liable to one of them who used it) ; CJarhe v. Army S)' Nary Co-op. Stores, 1903, 1 K. B. 155 (vendor of a tin of disinfectant powder requiring special care in opening, and not warning purchaser, held liable to him) ; Freist v. Last, 1903, 2 K. B. 148 (chemist selling a hot water bottle which exploded held liable to purchaser of it) ; but, should the thing originally have been supplied by a third party, X, to A, so that A stands in the same relation to X as B does to A in respect of the thing, A has a i^emedy against X for the damages he has incurred : — Mowhray v. Merryweather, supra (the person from whom the stevedore had chartered the gear held liable to the stevedore ; cf. Francis v. Cockrell, supra, where the provider of the stand had had it erected for him by a contractor) ; B cannot, however, recover from X, since X's liability is to A alone, and, accordingly, in the following cases it was held that the plaintiff had no remedy against the defendant for injury to the plaintiff caused by the use of the thing supplied :— Winterbottom v. Wright, 1842, 10 M. & W. 109 (defendant supplied a coach to Postmaster- General. who supplied it to plaintiff to drive) ; THE CAEE OF PUPILS. 251 Earl V. L^ibbock, 1905, 1 K. B. 253 (plaintiff was driver of a ^■all wliicli defendant liad contracted with plaintiff's employer to keep in repair)- If tlie defect is undiscoverable by A by any ordinary oi- reasonable means, he lias not the superior knowledge which is necessary to make him liable to B (Francis v. Cockrell, supra, 508) ; while for injury caused during the actual process of supplying the thing by the negligence of the supplier, he and not the owner is liable (Welfare v. Londot .y Brighton lly. Co., 1869, 4 Q. B. 693). In Cormack v. Hchool Board of Wick, 1889, Ct. of Sess. Ca., Series IV., Vol. 16, 812, it was held to be the duty of the defendants to keep an iron gate, which formed part of the School premises, in a safe condition, and that they were liable for injuries to the plaintiff, a child of seven, caused by the gate breaking down, even if the plaintiff or other childi-en had contributed to its breaking down by swinging on it. Where a blackboard fell, owing to an ill-adjusted jieg, and injured a ])upil, it was held that neither the teacher who had put the board u]» nnr the Head Mistress of the School had been negligent, and that the fall was a mere accident, but that. even if the teacher oi- the Head Mistress had been negligent, neither of them was the servant of the defendant so as to make him liable, seeing tliat he was a member of a committee which, tiiough they couhl appoint and dismiss the Head Mistress, had no control over the way in whicli she carried on her work (Crisp v. Thomas, 1890, 55 J. P. 261).^ As t(j the safety of School Buildings cf. infra., j). 254. (b) Infection and Quarantine.' As regards (he jaecautions to be taken against infection, although the subject is not precisely Avithin the scope of a legal ' See, however, Endowed KcJiools (Mastera) Act., I!t08, Sec. J (I) (Chap. XII., Sec. (G)). -Ah to the jurisdiction of Local .^IM horilics in respect of infectious diseases see Chaj). VL; and as to reporting closure under tlic order of a medical or sanitary autliority see Art. J 2 of Hoard of Educntioji Regulations for Secondary Schools. 252 PUPILS. treatise, the following Tables of Infection and Quarantine Periods may be useful.^ I.— For P Scarlet Fever - Measles German Measles and Epidemic Ptoseola Smallpox - Cliickeu-pox Mumps W h o o p i n g- cough Diphtheria Ringworm (of che head) Ophthalmia upiLs Suffering from Infectious Diseases. Eight weeks from the date of the appearance of tlio rash; or when desquamation has completely ceased, and there is no sore throat, discharge from the ear or nose, suppurating glands, or eczematous patches : whichever is later. Four weeks from the date of the appearance of the rash, or when desquamation and cough have ceased : whichever is later. Three weeks from the date of the appearance of the rash, or two weeks after its disappearance : whichever is later. Four weeks after every scab has fallen off, and all skin lesions have healed. One week after every scab has fallen off. Four weeks from the commencement, or one week after all swelling has subsided : whichever is later. Six weeks from the commencement of the whooping, or when the characteristic spasmodic cough and the whooping have ceased for two weeks, or when all cough has completely passed away : whichever is latest. Three weeks after convalescence is completed ; or when all form of sore throat, all kind of discharge from the throat, nose, eyes, ears, &c., and all albuminuria have disappeared ; or when bacterioscopic examination for the specific bacillus has been attended with negative results : whichever is latest. When — the whole scalp having been examined in a good light and scrutinised with a lens— no broken off stumpy hairs (which give evidence of the ringworm fungus when carefully examined under the microscope) are to be detected. When there has been a complete absence of dischai-ge for four weeks, and the inner surfaces of the eyelids are free froni granulations. ' For these Tables the Author has consulted the regulations of several large public schools and of the Medical Officers of Schools Association, and has selected the longest period anywhere prescribed for each disease. In this connection the necessity for disinfecting clothes has also to be borne in mind. 14 days 14 ?> 21 M 21 ., 21 '! 21 1? IS n 28 n 21 THE CARE OF PUPILS. 253 XL — For Pltils Exposed to Infectious Diseases. Diphtheria - - - - . Scarlet Fever . - - . Measles ..... (ierman Measles Epidemic Roseola Chicken-pox .... Smallpo.x ..... Mumps ..... Whooping-congh . . - ■ If a pupil lias been recently suffering from, or exposed to, an infectious disease, he should not be allowed to attend School, except upon a medical certificate tliat he can do so withovit i-isk to the School. Tf there has been no recent infection, a declaration to that effect from the parent is usually required. Vaccination has, in some Schools, been made a condition of admission, at any rate until recently. By the original Vaccination Acts of 1867, 1871, and 1874,^ vaccination was made obligatory under certain penalties. By the Vaccination Act, 1898,- which came into force on the 1st January, 1899, a ])areut could escape the penalty for non-vaccination of his child by obtaining a justices' or magistrate's certificate of conscientious objection by the parent, within four months of the birth, and delivering it ,' ami cfiiisolidatinjf an Act of iSSlj. nliiih in its turn repealed and consolidated an Act of IHHO, in each of which Acts. a similar ])rovision orcurred. 256 PUPILS. be construed to take away or affect the right of any parent, teacher, or other person having the lawful control or charge of a child to administer punishment to such child." (c) Custody and Detention. In B. V. Barnardo, 1890, 24 Q. B. D., 283 ; 1892, A. C. 326, it was held that it was part of the School contract that the pupil should not be removed from the custody of the School during the term ; but that the School Authorities could not prevent a jDupil from being removed by the parent,^ although they might insist on payment by the pai-ent of the fees for the whole of the terni during which he removed the pupil. A pai'ent's remedj' against a Schoolmaster for delivery up of a child is by writ of habeas corpus (Price v. WiJkins, 1888, 58 L. T. 680, 682; 7?. V. Barnardo, sup.). In Hunter v. Johnson, 1884, 13 Q. B. D. 225, a Master of a Public Elementary School was held liable for assault for keeping a child in for not doing home lessons, on the ground that the Elementary Education Acts did not authorise the setting of such lessons. But detention beyond school hours in the ordinary way of discipline is not actionable (r/. Mansell v. Griffin, 1908, 1 K. B. 167), it being a matter in which the Master is entitled to use a reasonable discretion (Hutt v. Haileybiiry College, 1888, 4 T. L. R. 623) ; and in Fitzgerald v. Northcote, 1865, 4 F. & F. 656, it was held that the confining of a l)oy to his room pending expulsion was justifiable, if the expulsion was. In Herring v. Boyle, 1834, 1 C. M. & R. 377, a Schoolmaster refused unjustifiably to allow a mother to take her child home in the holidays, but she eventually recovered the child imder a writ of habeas corpns, and the child then brought an action of trespass against the Schoolmaster for assault and false imprisonment; but the action was held not to be maintainable, as the child had not been cognisant of restraint during his detention at the School. ' Cf. Heiriiig L\ Boyle, cited at tlie end of this pag'e. CURRICULUM, TIME TABLES, AND BOOKS. 257 (d) Expulsion, &c. Every contract by which a Schoolmaster undertakes tlie education of a child is subject to an implied term that the child may be expelled, not at discretion, but for reasonable cause, e.g. serious offences, persistent breaches of discipline after due warning, or other conduct injuring the School {Fitzgerald x. Xorthcofe, supra ; Hutt y. Haileybury Coll., supra). (6) CURRICULUM, TIME TABLES, AND BOOKS. It was laid down in .4. G. v. Whiteley, 1805, U Yes. 241, and other old cases, that the curriculum at a Free Grammar School must be confined to . Greek and Latin, V)ut the tendency of later decisions was to relax the rule so as to permit the teaching of other subjects; and ultimately, by the Grammai- Seh. Act, 18-10, the Courts were given power to extend the curriculum to other branches of literature and to science. ^ Generally speaking, matters of internal management arc witlnu the jurisdiction, with which the Court will not interfere, of the Visitors^ or Governors-'' {A. G. v. Sherborne Gr. Sch., 1854, 18 B. 284; A. G. v. Dedham Sch., 1857, 28 B. 350); but, so far as they relate to Curriculum, Time Tables, or Books, they are properly delegated to the Masters (cf. A. G. v. Clarendon, 1810, 17 Ves. 507). The Board of Education Iier/ulatio7is for Secondary Schnnh^ however, make certain stipulations as to Curriculum aiul 'I'inic Tables in Articles 4 to 10, 32, and 33. 'i'lic Knuid have fm-ther sui)plemented their Regulations by the issue I'lnm iime to time f)f Memoranda as to the teaching of certain sul)ject8 in Secondary Schools, e.g. Knghsli Language an. I Literature (Fonn 123/S.G.), Geography (Form 121). .Miinual Work 'See aw to this Act Cliap. III. -Sue us tu Visitors Cliap. VJI. ^ Sec- as to GovertiorH Chiip. Vili. ;* See Chaj). V. 17 258 PUPILS. (Circular 603), Music (Memorandum of 1906), Teaching of Latin (Circular 574), Pronunciation of Latin (Circular 555), and Teaching of History (Circular 599). Under Art. 51 inspection of a School is to include provision for recreation. As to Religious Teaching and Worship see Chap. XIY. (7) EXAMINATIONS. Grammar Sch. Act, 1840 ^ : — Under Sec. 13 Visitors might order the examination of pupils. Charitable Trusts Ads and Endoioed Schools Acts ~ : — The following clause is inserted in Schemes tinder these Acts : — Once at least in every two years there shall be, at the cost of the Foundation, an examination of the Scholars by, or under the direction of, a University or other Examining Body approved by the Board of Education, with the assistance, if the Governors think fit, of any of the teaching staff of the School. The examination may be partly in writing and partly oi-al, or, in the lower forms of the School, wholly oral. A Report on the examination shall be made to the Governors, who shall send a copy of it to the Head Master and to the Board of Education. If in any year the School, as a whole, is inspected by the Board of Education, the Board may dispense with the examination for that year. Board of Education Regulations for Secondary Schools'-^ -.—Avt. 11 directs that pupils under fifteen are not, except with the express permission of the Board, to be presented for any external examina- tion except one which comprises the whole School, or which is held solely for the award of Scholarships or Exhibitions ; and states that, for the purpose of the Article, an examination comprising the whole School includes an examination held in accordance with the provisions of Art. 27, or of a Scheme made under the End. Sch. Acts or C. T. Acts. Art. 27 empowers the Board at any time to require such portion of the School as they may think fit to be submitted for examination to an Examining Body approved by them for the purpose. ' See as to this Act Chap. III. - See as to these Acts Chap. III. •' See as to these Regulations Chap. V. MISCELLANEOUS MATTERS. 259 The Board of Education, as successors to the Science and Art Department, are themselves an examining body in Science and Ai-t, and their Regulations as to these examinations and the awai"ds in connection therewith will be found in Parts II. and III. respectively of the annual " Regulations for Technical Schools, Schools of Ai't, and other forms of provision of further education." ^ If pupils from Secondary Schools which do not contain classes subject to these regulations and are, therefoi'e, not " i^egistered," desii'e to enter for Science and Ai't examinations, they must be presented as " external " candidates (Sees. 56 and 65) ; and the same is the case if they desire to submit works for the Art Masters' Certificate or Art Class Teachers' Certificate (Sec. 71). The "National Competition " is, however, open only to registered students at "Schools" and " Cla.sses " within the regulations (Sec. 70), and, therefore, not to a pupil at a Secondary School, unless (o) there is such a " Class " at the Secondary School and (b) the pupil is a registered student thei-eof. The Preliminary Examination for the Elementary School Teachers' Certificate (p. 240) is conducted by the Board. As to examinations for Scholarships and i^xhibitions see p. 237. (8) MISCELLANEOUS MATTERS. Safeguarding of Pupils' Effects : — The question of tlie liability of School Authorities under this liead does not appear to liave come before the Courts in any of tlie reported cases, but the observations of Collins, M. R., with regard to a boarding-house keeper in Scarborough v. Cosgrove, 1905, 2 K. B. 805,~ would seem to be ap})ropriate.''^ He says (p. 813) : " I can see no reason why there should be a presumption of inunuiiity in his case from the common duty of a person accepting a charge to exercise at least ordinary care; a fortiori where he undertakes it for reward." In ' Syllabases and Lists of A|)|iar;iiuH applicable to such Schools are published in the Board's "Syllabuses and Lists of Apparatus applicable to Teclinical Schools, &c." ■■' Following Dansey v. Richardson, 1854, 3 E. sl.^ Art s-^ -.—Under S(>c. 62 of C. T. Act, 1858, it is provided that the exemption from the Act, contained in tlio Section, of certain institutions'^ shall not extend to any Cathedral, Collegiate, Chapter, or other Schools.^ ' See Clia]). IV., Sec. (4). "See as to this Act Clinj). TTI ••See as to tlicse Acts Chaji. JJI. * Cf. CImp. III., Sec. (3) (d). ' " Other " Schools here means Schools cjnsdem generis (Re Stockport, Ac.^ Schools, 1898, 2 Ch. 087). 262 RELIGION IN SCHOOLS. Ecclesiastical Go'mviissioners Act, 1866 ^ : — Under Sec. 18 the Ecclesiastical Commissioners may make provision for securing adequate stipends and allowances to {inter alios) Schoolmasters of Cathedral and Collegiate Church Schools. Endowed Schools Acts": — Under Sec. 14 of End. Sch. Act, 1869, a Scheme may not be made which interferes with the constitution of the Governing Body of a Cathedral or Collegiate Church School unless with the assent of the Dean and Chapter. Under Sec. 19 of End. Sch. Act, 1869, Cathedral and Collegiate Church Schools are excepted from the requirements of Sees. 15 to 18. Sees. 15 to 18 enact that Schemes under the Act shall contain certain provisions as to religious matters (see infra pp. 267, 269, 272). Under Sec. 4 (3) of the Welsh Inter- mediate Education Act, 1889, Cathedral and Collegiate Church Schools are excepted from certain provisions of the section as to religious teaching and worship (see infra, p. 273). Under Sec. 20 of End. Sch. Act, 1869, Cathedral Schools are excepted from the provisions of that section which empower the Board of Education to transfer the jurisdiction of Visitors to His Majesty acting- through the Board. Under Sec. 27 of End. Sch. Act, 1869, Schemes may be made, with the coiisent of the Ecclesiastical Commissioners, for assisting, out of their common fund, the educational endowments existing at the commencement of the Act (2nd August, 1869) of Cathedral and Collegiate Churches. Under Sec. 8 (7) of End. Sch. Act, 1869, Schools for choristers are excepted from the provisions of the End. Sch. Acts. (b) Schools of Various Religious Bodies. Protestant Dissenters, Roman Catholics, and Jews, and their establishment and usages, were originall}- all obnoxious to the law against superstitious uses^; but, as the result of the Toleration Act,, 1688, and certain subsequent Acts, the Schools and places dedicated to religious worshij), education, and other charitable ' 29 & 30 Vict. c. 111. - See as to these Acts Chap. III. =* g^e p. 261. RELIGIOUS BODIES AND THEIR SCHOOLS. 263 pui'poses of Protestant Dissenters are exempted from the penalties and disabilities to wliicli tliey were originally liable ^ ; and by virtue of the Roman Catholic Charities Act, 1832,- the Religious Disabilities Act, 1846,^ and the Liberty of Religious Worship Act, ISSo.* Roman Catholics and Jews stand on the same footing as Protestant Dissenters. Charitable bequests in favour of Xonconformists or Dissenters (A. G. V. Hickman, 1732, 2 Eq. Ca. Abr. 193, pi. 14; Waller v. CJuIds, 1765, Amb. 524; A. 0. v. Code, 1751, 2 Ves. S. 273; A. G. v. Pearson, 1817, 3 Mer. 353; A. G. v. Shore, 1843, 11 Si. 592, 616), including Irvingites {A. G. v. Lawes, 1849, 8 Ha. 32) and Unitarians, (Shreivshury v. Hornby, 1846, 5 Ha. 406 ; Be Barneft, 1860, 29 L. J. Ch. 871), and of Roman Catholics (West v. Shuttleivorth, 1835, 2 My. & K. 684), are now all valid in so far as they promote education or the other purposes recognised by the Acts above cited ; but certain objects — e.g. masses for the dead — are still superstitious in the eyes of the law ( West v. Shuttleivorth, S7ipra ; Heath v. Chapman, 1854, 2 Dr. 423, 424). The Roman Catholic Charities Act, 1860,-^ enacts, however, that charitable trusts for Roman Catholics are not to be invalidated by the addition of superstitious purposes, and empowers the substitution by the Court or Charity Commissioners of lawful purposes. Charitable Trusts Acfs'^:— By Sec. 62 of C. T. Act, 1853, Roman Catholic Charities were excepted from the provisions of the C. T. Acts for two years from the passing of the Act, Init \>\ virtue of a series of subsequent Acts, the last of w liidi was 22 tt 23 Vict. c. 50, the exception Avas continutil until ilu' 1st July, 1860. By the same section the property not witliin tlic limits of England and '1 W. & M. c. 18, repealed for the niobt jiart Ijy 34 & 35 Vict. c. 48 ; VJ Geo. III. c. 44; 52 Geo. III. c. 155; 53 Geo. III. c. 160, repealed bv tlio S. L. R. Act (3fJ & 37 Vict. c. 91); und 34 & 35 Vict. c. 48. -2 & 3 Will. IV. c. 115. ' 9 & 10 Vict. c. 69. M8 & 19 Vict. c. 86. ° 23 & 24 Vict. c. 134. '' See as to these Acts Cliap. 111. 264 RELIGION IN SCHOOLS. Wales of missionary and similar societies, and of their teachers and officers, are excepted from the provisions of the C. T. Acts. Endowed ScJiooIs Act s^ -.—Under Sec. 8 (6) of End. Sch. Act, 1869, Schools (unless otherwise subject to the Acts) which receive assistance out of endowments applicable and applied solely for promoting the education of the ministers of any church or religious denomination are excepted from the provisions of the End. Sch. Acts. As to the Schools of Quakers or of Moravians see infra, p. 267. (3) SCHOOL CHAPELS. In A. G. v. Mansfield, 1827, 2 Russ. 501, the Trustees were restrained from enlarging the School Chapel for the accommodation of residents in the neighbourhood. Public Schools Act, 186S":—8ec. 31 enacted that the Chapels at the seven " Public " Schools should be deemed to be of the Church of England, but should be free from the jurisdiction of the incumbent of the parish. The same section dealt with Eton Chapel. Sec. 12 empowers Governing Bodies to make regulations as to attendance at divine service, and as to chapel services and preachers. Endowed Schools Acts i :— Under Sec. 53 of End. Sch. Act, 1869, if a Chapel of a School subject to the Acts is duly consecrated, or is authorised by the Bishop to be used as the School Chapel, Church of England services can be conducted there, and it is free from the control of the incumbent of the parish. The Public Health Acts contain certain pro\'isions as to Chapels (see p. 92). As to Religious Worship see i?ifra, p. 270. ' See as to these Acts Chap. III. - See as to this Act Chap. III. BISHOPS. 265 (i) BISHOPS. The Visitor, or one of the Visitors, of an ancient Grammar School is frequently the Bishop. ^ The term " Ordinary " is applied to a Bishop and the Chancellor of his Court (Pliillimore, 2nd ed., p. 1420). A Master in a Grammar School, in common with all teachers, had to be licensed by the Ordinary, wlio might examine an applicant for a Mastership as to his learning, morality, and religion (R. V. Archbishop of York, 1795, 6 T. R. 490; and see, for a history of licensing. Re Chelmsford Gr. Sch. 1855, 1 K. & J. pp. 551 et s<'(j.). Grammar Schools Act, 1840 ~: — Under Sees. 7 and 24 the jurisdiction of the Ordinary over Schoolmasters and otherwise was expressly preserved.-" Under Sec. 15, wliere visitatorial powers ill respect of discipline were vested in no known person, the Bisho}) might apply to the Court, and the Court might empower him to exercise the powei-s in question. School Sites Acts'^ : — Under Sec. 14 of tlie School Sites Act. 1641, the con.sent of the Bishop is requii'ed to sales and exchanges of land held by Trustees under the School Sites Acts, if it was given by an Ecclesiastical Corporation Sole. Bishops' Trnsts Snhstitution Act, 1858 '" -.—Under this Act (the object of which, as stated in the preamble, was to make such pi'ovision for the case of a Bislioj) being Trustee of Charity piopei-ty within Ill's diocese as was rendered necessary by alterations in the limits of liis diocese) the Charity Commissioners [and Board of Education] are einpowei'ed, upon the application of tlie Bishops concerned, or one of them, to make orders substituting tlie Jiishop of one diocese foi- the Bishop of another as Trustee (or otlierwise) of the Charity, and vesting the Charity jiropci-ty accordingly. Ah tf) exemptions from the Act see p. 121. ii. l. ' S< ' ■ Vi.sitors generally Chap. VII. ' See as to this Act Cha]). Til. =' But see Sec. 21 of End. Sch. Act, 1«G9, infm. p. 2GG. ■* See as to these Acts Chap. IV. Sec. (3). *21 & 22 Vict. c. 71. 266 KELIGION IN SCHOOLS. Endotved Schools Acts^:— By Sec. 21 of End. Sch. Act, 1869, Schemes under the Acts must provide for the abolition of all jurisdiction of the Ordinary relating to the licensing of Masters or of any jurisdiction arising from such licensing. (5) RELIGIOUS BELIEFS OF TRUSTEES AND GOVERNORS AND THOSE ELECTING THEM. If the primary object of a Charity is eleemosynary rather than educational, and is not restricted to any specific religious denomination, particular religious qualifications are not required in the Trustees (Be Norwich Charities, 1837, 2 My. & C. 275; A. G. V. St. Johns Hospital, Bath, 1876, 2 Ch. D. 554) or Governors (A. G. v. Tottenham, 1870, 5 Ir. Rep. Eq. 241). In the case of a School founded in connection with the Church of England, it is improper to appoint as Trustees or Governors persons not members of the Church of England (Baker v. Lee, 1860, 8 H. L. C. 495; Be Stafford Charities, 1857, 25 B. 28; A. G. V. Clifton, 1863, 32 B. 596) ; and the same principle applies to Charities of other religious denominations {A. G. v. Bearson, 1817, 3 Mer. 353; Shore v. Wilson, 1842, 9 CI. & F. 355) .2 But the Court will not remove a Trustee who, when appointed, was not a member of the religious sect with which the Charity is connected (^4. G. V. Clapham, 1853, 10 Ha. 613 ; Baker v. Lee, sup., 513 ; A. G. V. Clifton, sup., 601), or who, since his appointment, has ceased to be such (Baker v. Lee, sup.). The Governors [and Heads] of Eton, Winchester, and West- minster are required by Sec. 13 of the Act of Uniformitj', 1662,'^ to subscribe to the Thirty-nine Articles and the Book of Common Prayer (and cf. Sec. 16 of the Roman Catholic Relief Act, 1829^). Charitable Trusts Acts'' -.—iiec. 46 of C. T. Act, 1853, provides for the saving of subsisting rights of the Church of England and ' See as to these Acts Chap. III. ^ See, however, Endowed Schools Acts infra, p. 267. =' 14 Car. II. c. 4. ■» 10 Geo. IV. c. 7. ' See as to these Acts Chap. III. RELIGIOUS BELIEFS OF TRUSTEES AND GOVERNORS. 267 raembei's thereof in settling a Sclieme, or in tlie appointment or removal of Trustees, or in the application or management of the Charity. This section prevents others than members of the Church of England from being appointed Trustees of a Chui^ch of England School (see Be Burnhavi National Schools, 1873, 17 Eq. 247). Under Sec. 4 of C. T. Act, 1860, Trustees are not to be i-emoved by the Charity Commissioners [or Board of Education] solely on the ground of their religious belief. Endowed Schools Acts^ -.—JJnder Sec. 14 (3) of End. Sch. Act, 1869, the constitution of the Governing Body of any Quaker or Moravian School is not, without the consent of such body, to be interfei-ed A%'ith in any Scheme under the End. Sch. Acts. Under Sec. 17 Schemes under the Acts must (with certain exceptions comprised in Sec. 19 of End. Sch. Act, 1869, and Sec. 7 of End. Sch. Act, 1873, infra, pp. 278, 279) pi'ovide that a person is not to be disqualified from being a member of the Governing Body on the ground of religious opinions or obsei^vances ; but see Be Hodgson s School, 1878, 3 A. C. 865, 866, as to the illegality of the holder of an ecclesiastical office in the Church of England l)eing an ex-officio Governor. By Sec. 6 of End. Sch. Act, 1873, it is enacted that where, under the express terms of the oi'iginal instrument of foundation, the holder of any particular office is a member of the Governing Body, nothing in Sec. 17 of End. Sch. Act, 1869 {sup.), shall prevent the holder for the time being of such office from being i-etained as such member. Public Schools Acts, 8)'C. : — As to the religious qualifications of Governing Bodies at the seven "Public" Schools see pp. 59, 60. Education Acts": — These Acts contain no provisions as to the religious beliefs of Trustees or Governoi-s of Secondary Schools. Board of Education Regulations for Secondary Schools ^ : — Under Art. 23 (b) the instrument under which a School is governed ' See as to these Acts Chap, III. - See as to these Acts Chap. VI. •' See as to these Regulations Chap. V 268 RELIGION IN SCHOOLS. must not require a majority of tlie Governing Body (whether m virtue of their tenure of any other office or otherwise) to belong, or not to belong, to any particular religious denomination ; and under Art. 23 (c) the instrument must not provide for the appointment of a majority of the Governing Body by any person or persons who, or by any body the majority of whom, are required (whether in virtue of their tenure of any other office or otherwise) to belong, or not to belong, to any particular religious denomination. These provisions may necessitate a modification of the School Scheme.^ The restrictions against trading imposed on beneficed clergymen by the Pluralities Act, 1838.2 ^re not to interfere with their managing Schools (Sec. 30). (6) RELIGIOUS BELIEFS, ORDINATION, &c., OF SCHOOLMASTERS. A Master in a Church of England School should, ceteris 2yanbns, be a member of that Church, even though the instruction may be open to scholars of any denomination (cf. infra, p. 269) ; but the Trustees do not necessarily commit a breach of trust by appointing a Dissenter (A. G. v. Clifton, 1863, 32 B. 596). Where the Schoolmaster was required by the Statutes to be in priest's orders, the qualification was held indispensable (-4. (t. V. WycUffe, 1747, 1 Ves. S. 80). The restrictions against trading imposed on beneficed clergymen by the Pluralities Act, 1838 (supra), are not to interfere with their keeping Schools or being Schoolmasters or tutors (Sec. 30). As to the Heads of Eton, Winchester, and Westminster see supra, p. 267. Charitable Trusts Acts^: — These Acts contain no express reference to the religioiTS qualifications of Schoolmasters. 1 As to waiver of Art. 23 see p. 84. ^ 1 & 2 Vict. c. 106. •■» See as to these Acts Chap. III., and cf. Sec. 46 of C. T. Act. 1853 (p. 266). RELIGIOUS BELIEFS OF PARENTS AND PUPILS. 269 Endoiced Schools ^c^si;— Under See. 18 of End. Sch. Act, 1869, Schemes under the Acts must provide that a person shall not he disqualified for being a Master by reason only of his not being ol' not intending to be in Holy Orders. But see Sec. 19 of End. Sch. Act, 1869, and Sec. 7 of End. Sch. Act, 1873 (infra, pp. 278, 279), as to exceptions ; and Sec. 19 of End. Sch. Act, 1869, as to provisions respecting the religious opinions of Masters, in Schemes of certain educational endowments. Education Acts-: — These Acts contain no provisions as to the religious beliefs of Schoolmasters in Secondary Schools. Board of Education Begulat ions for Secondanj Schools'^: — ^Vi^t. 23 (a) provides that the instrument under which a School is governed must not require any member of the teaching staff to belong, or not to belong, to any particular denomination. This provision may involve a modification of the School Scheme.^ (7) RELIGIOUS BELIEFS OF PARENTS AND PUPILS. Although a School is connected with the Church of England, in the absence of proof of the benefit of the School being confined to the children of members of the Church of England, the children of Dissenters will be admitted, at any rate, where there is evidence that it has been usual to admit them (^4. l. ;• Ha. 367; A. (!. v. Sherborne G'r. Sch., 1854, 18 B. 275, 276, 285; Re llvunster Sch., 1858, 2 De G. & J. 545; A. (1. v. Clifton, lh63, 32 li. 596; A. C. v. Bishop of Limerick, 1870, 5 I r. 1{. Eq. 403). Ill .1. a. V. Market-Bosworth School (1865, 35 B. 305) the Couit authorised an ;i|)|iliiiit imi to Parliament to ol)tain a Sclieiiu' for admittinf' children of Dissenters to a Cliurch of I'^nnjand Siiiool. ' See aw to these Acta Chaji. III. " See as to these Acts Chap. VI. •' See as to tliesc Rej,MiIationa Chap. V. ' As to waiver of Art. 23 sec p. HI. 270 RELIGION IN SCHOOLS. Charitable Trusts Acts ^ : — These Acts contain no reference to tlie religious beliefs of parents or pupils. Endowed Schools Acts^: — Sec. 1 of End. Sch. Act, 1860,^ enacts that — It shall be lawful for the trustees or governors of every Endowed School from time to time to make, and they shall be bound to make, such orders as, whilst they shall not interfere with the religious teaching of the other scholars as now fixed by Statute or other legal requirement, and shall not authorise any religious teaching other than that previously afforded in the School, shall, nevertheless, provide for admitting to the benefits of the School the children of parents not in communion with the church, sect, or denomination according to the doctrines or formularies of which religious instruction is to be afforded under the endowment of the said School : Provided that in the will or wills, deed or deeds, or other instrument or instruments regulating such endowment, nothing be contained expressly requiring the children educated under such endowment to learn or to be instructed according to the doctrines or formularies of such church, sect, or denomination. Education Acts-*^: — By Sec. 4 (1) of Education Act, 1902, it is provided (i7iter alia) that no pupil shall, on the ground of religious belief, be excluded from or placed in an inferior position in any school, college, or hostel provided by a council.^ Board of Education Regulations for Secondary Schools^: — These do not expressly deal with the religious beliefs of parents or pupils, but Art. 17 provides that no pupil shall be refused admission except on reasonable grounds. (8) RELIGIOUS INSTRUCTION AND WORSHIP IN SCHOOLS. It is probable that in all the ancient educational foundations religious instruction was an essential feature (cf. Be Chelmsford (Jr. Hch., 1855, 1 K. & J. 566). In the case of a Charity founded 1 See as to these Acts Chap. III., and cf. Sec. 46 of C. T. Act, 1853 (p. 266). " See as to these Acts Chap. III. ^ See as to this Act pp. -40, 49. '' See as to these Acts Chap. VI. '" Sec. 4 deals as a whole with religiovis belief, worship, observance, and instruction. For the rest of the section see mfra, p. 273. '' See as to these Regulations Chap. V. RELIGIOUS INSTRUCTION AND WORSHIP IN SCHOOLS. :271 primai'ily for purposes of education tliere is no presumption (as there is in the case of a Charity founded to support some religious establishment or to promote religious education) that any particular religious doctrines are intended to be taught (A. G. v. Calvert. 1857, 23 B. 248). The Grammar Schools of King Edward VI. were founded, however, not only for teaching grammar, but also for sound religious education, which, looking to the period at which the Schools were founded, must mean education according to the doctrine and discipline of the Church of England {lie Chelmsford Gr. Sch., sup., 543; cf. A. G. V. Sherborne Gr. Sch., 1854, 18 B. 256, and ]ie Stafford Charities, 1857, 25 B. 28). Where a Grammar School was a Church of England School, it was held that, in the absence of evidence to the contrary, religious instj-uction must be according to Church of England doctrines (.4. G. v. Dea^i and Canons of Christchurch, 1822, Jac. 474). The Court has, however, in Schemes for such Schools, frequently directed, in general terms, that the pupils shall be instructed in religion, but that the method of instruction shall be left to the Governors, Trustees, or Visitors ( J . G. v. Sherborne Gr. Sch., supra; Re Stafford Charities, supra). Where a Grammar School was not founded as a Church of England School, but, under the Statutes, the religious teaching and worship were to be according to the doctrine of the Church of England, the Court ordered a Scheme whereby the children were not to be compelled to receive religious instruction or attend Church if their parents desired the exemption (A. G. v. Haberdashers Co., 1854, 19 B. 385; cf A. G. v. Culluvi, 1842, 1 Y. & C. C. C. 411, and A. G. v. Bishop of Limerick, 1870, 5 Ir. R. Eq. 403). The question of wholly or partially exempting the children of Dissenters and Roman Catholics from religious instruction according to the doctrines of tlic Cliunli oP Kngland was, in some cases, left by the Court to the Head Master (lie King's Gr. Sch., WarwicJc, 1845, 1 I'li. 5(34; A. G. v. Bishop of Worcester, 1851. !• II:i. ;'.G7). Where the Loid Chancellor was Visitor on Ijohalf of the Crown, the ijiHvstion of granting facilities for such exemption was held to he wiihin Ills province (A. G. v. Sherborne Gr. Sch., sup. ; lie Chidiitsford Gr. Sch., sup.). 272 KELIGION IN SCHOOLS. Grammar Schools Act, 1840 ^ : — The Act made no express change in the law as to ^eligio^^s teaching and worship. Cliaritahle Trusts Acts and Endowed Schools Acts": — Sec. 1 of End. Sch. Act, 1860, although it gave certain facilities to children of parents who were not of the denomination according to the doctrines of which religious instruction was given under the School endowment, also expressly preserved existing provisions for religious instruction.^ It is the practice in Schemes under the C. T. Acts and End. Sch. Acts, 1869 to 1874, to provide for religious instruction according to the principles of the Christian faith. Under Sec. 15 of End. Sch. Act, 1869, Schemes of Schools within the End. Sch. Acts must provide for the exemption, if desired by the parent, of any day scholar from attending prayer, worship, or any lesson on a religious subject, and (with certain exceptions comprised in Sec. 19 of End. Sch. Act, 1869, and Sec. 7 of End. Sch. Act, 1873 ; ivfra, jip. 277, 278) scholars may not, b}^ reason of any such exemption, be deprived of any advantages to which they would otherwise be entitled, except such as may by the Scheme be expressly made dependent on learning such lessons. Sec. 16 contains a similar provision for boarders, to meet cases where persons in charge of boarding-houses are unwilling to allow such exemptions. Sec. 16 does not authorise the insei^tion in a Scheme of a requirement that every person in charge of a boarding-house shall allow such exemption (Be Christ's Hospital, 1889, 15 A. C. 183). The proper course under Sec. 15 or See. 16 is to insert in the Scheme a provision following exactly the provisions of the Section {Be Free Gr. Sch., ^x., at Hemsivorth, 1887, 12 A. C. 447 ; Be Christ's Hospital, sup.).^ By Sec. 8 of End. Sch. Act, 1873, it is provided, in the case of endow- ments Avhich are " mixed "' in the sense of being given partly before and partly after 2nd August, 1819 (see pp. 52, 53), that, where it appears to the Board of Education (subject to appeal to His Majesty in Council; that the new endowment is not less in value than the old, and was given under the belief that the old ' See as to this Act Chap. III. - See as to these Acts Chap. III., and cf. Sec. 46 of C. T. Act, 1853 (p. 266). ■ •' See p. 270. ■* And see further as to Sec. 16 infra, p. 277. EELIGIOUS INSTRUCTION AND WORSHIP IN SCHOOLS. 273 endowment was attached to some pai'ticular church, sect, oi- denomination, a Scheme relating to such endowment must provide for the giving of religious instruction to tlie scholars belonging to such church, sect, or denomination. Under Sec. 11 of End. Sch. Act, 1873. where a Scheme gives the Governing Body power to make regulations as to religious instruction, it must provide for a year's notice of any alteration in such regulations. By Sec. 4 (3) of the Welsh Interna. Education Act, 1889, it is provided that, where a Scheme under the Act does not relate to a School maintained out of the endowment, or forming part of the foundation, of any Cathedral oi- Collegiate Church, or where a Scheme under the Act does not relate to any other educational endowment which by Sec. 19 of the End. Sch. Act, 1869, is excepted from the provisions therein mentioned of that Act (see infra, p. 278), such Scheme shall, in addition to tlic ])rovisions of Sec. 15 of that Act (see supra, p. 27'2) provide that no religious catechism or reliffious formularv wliit'h is distinctive of anv particiihir denomination sliall be taught to a scholar attending as a day scholar, and th;it the times for prayer or i-eligious Avorshiji, or for any lesson or series of lessons on a religious subject, shall be conveniently arranged foi- the i)urpose of allowing the witliih-i wal of the scholar. Publir SrJiools Acfn^: — As to attendance at Divine Service, and as to religious exemption, at the seven '" Public " Schools see Public Schools Act. 1868. Sec. 12 (4) and fo). Education Ads-: — Sec. 4 of tlie Education Act. 1902, is as follows :- (I; .V council, in tlid apjiliciition of money under this Part •' (if tliis Act, 8liall not rciiuin; tiiat any particular form of rclitcions instrnction or worsliij) or any relipious catecliisni or formulary wliicli iH (liKtinctivo of any jiarticular donotnination hIiuII or .sliall not be taiiglit, used, or practiscrl in any school, collcKc or hosti^l aided l)Ut not provided by the council, [Here follows the proviaion as to religious hcUcf cited »iip., p. 270.] and no catechism or formnlary distinctive of any particular religions denomination shall be taught in any school, college, or 'See as to these Acts Chap. III. 'See as to these Acts Chaj). VI. •■' r?:., Part II., diNilini,' with "higher" education. l8 274 RELIGION IN SCHOOLS. hostel so provided, except in cases where the council, at the request of parents of scholars, at such times and under snch conditions as the council think desirable, allow any religious instruction to be given in the school, college, or hostel, otherwise than at the cost of the council : Provided that in the exercise of this power no unfair preference shall be shown to any religious denomination. (2) In a School or college receiving a grant from, or maintained by, a council under this Part ' of this Act — (a) A scholar attending as a day or evening scholar shall not be required, as a condition of being admitted into or remaining in the school or college, to attend or abstain from attending any Sunday school, place of religious worship, religious observance, or instruction in religious subjects in the school or college or elsewhere; and (h) The times for religious worship or for any lesson on a religious subject shall be conveniently aiTanged for the purpose of allowing the withdrawal of any such scholar therefrom. Board of Education Regulations for Secondary Schools ~ : — The fcjllowing provision is contained in the Regulations, and was oi'iginally introduced, but in a slightly different shape, in the Regulations for 1907-8. Art. 5:— ((f) No catechism or formulary distinctive of any particular religious denomination may be tauglit in the School except as provided by tliis Article. {b) If the instrument under which the Scliool is governed requires, or does not prohibit, the giving in the School of religious instruction distinctive of any particular denomination, the Governors may provide such instruction for any pnpil upon the written request of the parent or guardian of the pupil. A record mast be kept of all such requests. (c) In a School where such instruction is given, regulations must be made by the Governors, such as will secure observance of provisions (a), {h) and (c) of this Article to the satisfaction of the Board, and a copy of such regulations must be given to the parent or guardian of every pupil. ' Viz., Part II., dealing with " higher " education. ■ See as to these Regulations Chap. V. RELIGIOUS INSTRUCTION AND WORSHIP IN SCHOOLS. 275 (d) Sach iustructiou, if given, must be provided from funds other than grants made by the Board of Education or any Local Autliority. The Board's Circular 568 (1907) contains, in reg-ard to this Article, certain instructions which, if slightly altered to accord with the modification made in the wording of the Ai'ticle since the issue of the Circular, read as follows : — [As to Art. 5 (a), (h). and (d)'} In the case of Schools governed by Schemes made under the Charitable Trusts Acts or Endowed Schools Acts .... neither ilie direction that " religious instruction in accordance with the doctrines of" a particular denomination shall be given in the School, nor the direction that " religious instrnction in accordance with the i)rinciples of tlie Christian Faith' shall be given in the School," precludes compliance with the requirements of this part of Article 5 . . . . " Guardian " may be taken to include any person who is liable to maintain or has (otherwise than as a Schoolmaster) the actual custody of any pupil. If the Governors resolve to make provision for denominational religious instruction under the provisions of this Article, their resolution should be coimuunicated to the Board, whether any requests for such instruction are received by them or not. [As to Art. 5 ((•)] Some temporary ditlic-uliy may ari.se owing to the ••common form" provision inserted in Schemes in ])ursuance of Sec. 11 of the Endowed Schools Act, 187:?" .... Where, tliereforc, the Governors have made regulations in exercise of their powers under a ScTieme containing the provision referred to, and such regulations do not give effect to the requirements of Art. 5 (c), the Governors siiould at once give notice of such alteration in the regulations as is necessary, and the IJoard will regard the issue of such notice as a ju-ovisiomil coin])liancc with .\rt. o (c) of the .... Regulations. Two cojiies of any regulations made, or notice issueil by the Governors, should be sent to the Board. ('/. Riipra, ]>. 272. ' Si/jin/, ]). 273 276 RELIGION IN SCHOOLS. In 1908 tlie Board issued tlie following " Model Form of Regulations for Religious Instruction" (Form 22 S.), for the purposes of Art. 5 : — The following Regulations are made by tlie G-overning Body in accordance with Article 5 of the Regulations of the Board of Education for Secondary Schools * and Clause of the Instrument of Government.* (1) Religious instruction in the Doctrines, Catechism, and Formularies distinctiye of the § shall be giyen to pupils whose parents or guardians haye, in the manner specified in these Regulations, requested the Goyernors to provide such instructi(m for thein. (2) Any request for such instruction by the parent or guardian of a pupil must be made to the Head Master [Mistress] upon the admission of the pupil, or, in the case of a i)upil already in the School, before the first day of the teiin in which it is desired that the instruction should begin, upon a copy of the Form attached to these Regulations.' (3) No catechism or formulary distinctive of any particular Denomination shall l)e taught in the School to any pupil whose parent or guardian has not made such a request. (4) A copy of these Regvilations shall be given by the Head Master [Mistress] to the parent or guardian of each pupil now in the School, and of each pupil hereafter admitted or applying for admission. (5) The Head Master [Mistress] shall keep a record of all requests made in accordance with these Regulations. {_FiirfIier hifonnatiou may, if tlie Governors desire, be inserted in additional ninnhered regulations, as to any religious instruction, whether ill the doctrine.^, catechism and forviularies of a particular denomination or otherwise, to he given in the School.'] * * (To be omitted if the Scheme or other Instrument of Government contains no provision requiring Regnlations to he made). § Enter the name or names of tUe Denomination or Denominations in whose doctrines tlie Governors are prei)ared to give instruction upon request. Article 18 of the Boai'd of Education Regulations for Secondary Schools is as follows : — (a) No pixpil shall be required, as a condition of being adnaitted into or remaining in the School as a day scholar, to attend or abstain from attending any Sunday School, place of religious worslnii. ^ The Form is a short request to the Governing Body to provide for the pupil's " Religious Instruction in the Doctrine, Catechism, and Fornuilaries distinctive of" the particular denomination. ENDOWMENTS EXCEPTED FEOM PKOVlSlONS AS TO EELIGION. 277 religious observance, or instrnctiou in religious subjects in the School or elsewhere ; and the times for religious worship or for any lesson on a religious subject shall be conveniently arranged for the purpose of allowing the withdrawal of any pupil therefrom. (6) This provision shall also apply to boarders as well as day scholars. But in a School governed by a Scheme made under the Endowed Schools Acts or the Charitable Trusts Acts this Regulation shall be regarded as met (i.) by compliance with the Scheme where it includes the provisions prescribed by Sec. 16 of the Endowed Schools Act, 1869 ; or (ii.) by compliance with regulations made by the Governors in accordance with the provisions of that section, where the Scheme does not include those provisions. The Board's Circular 568 (1907) points out, in connection Avith Ai^t. 18 (b), that Sec. 16 of End. Scli. Act, 1869 (see supra, p. 272), ■was designed to secure, in a particular manner, freedom of conscience for all pupils in Schools not entitled to claim exemption, on denominational grounds, under Sec. 19 of the Act of 1869 (see infra, p. 278) ; that the Board arc bound to regard compliance with the provisions of Sec. 16 a.s adequate compliance with the regulations in this respect ; that, in cases where the School is entitled to and claims exemption on denominational grounds, and the provisions of Sec. 16 are consequently not inserted in the Scheme, the Boai'd's regulations in this respect will be satisfied if the Governors make regulations in accordance with the provisions of Sec. 16; and that, in all othei- cases, the provisions of the Article must be strictly carried out. (9) EDUCATIONAL ENDOWMENTS EXCEPTED BY THE ENDOWED SCHOOLS ACTS FROM PROVISIONS THEREIN AS TO RELIGION. The exceptions in (juustion arc contained in Sec. 19 of End. Sch. Act, 1869, and Sec. 7 of End. Sch. Act, 1873, and relate to the provisions in Sees. 15 to lb of the Act of 1869, and in Sec. 6 of the 278 KELIGION IN SCHOOLS. Act of 1873. Sec. 19 of End. Sch. Act, 1869, as supplemented by Sec. !7 of End. Sch. Act, 1873, reads as follows :— A Scliemo relating to — any School which is maintained out of the endowment of any Cathedral oi" Collegiate Church, or forms part of the foundation of any Cathedral or Collegiate Church ' ; or any educational endowment, the scholars educated by which are, in the opinion of the Commissioners [Board of Education] (subject to appeal to Her Majesty in Council as mentioned in this Act"), required by the express terms ^ of the original instrument of foundation,'' or of the statutes or regulations made by the founder or under his authority, in his lifetime or within G.ity years after his death •" (which terms have been observed down to'' the commencement of this Act'), to learn or to be instructed according to the doctrines or formularies of any particular church, sect, or denomination ; or Sec. 7 of any educational endowment originally given to charitable uses since Ac'f 1873 *^^^ passing of the Act of the first year of the reign of William and Mai-y, Chapter 18 (commonly called the Toleration Act^), if by the express terms of the original instrument of foundation, or of the statutes or regulations made by 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 pi-incipal'-' 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, is excepted from the foregoing provisions respecting religions instruction and attendance at religious worship (other than the ' Cf. Dean and Chapter of Chester v. Bishop of Chester, 1902, 87 L. T. 621. " Viz. Sec. 39 of End. Sch. Act, 1869 (see Chap. III., Sec. (4) (c) ; and Be Colchester Gr. Sch., 1898, A. C. 482). •'See Re St. Leonard, Shoreditch, Schools, 1884, 10 A. C. 304; Re Free Gr. Sch., &o., at Hemsworth, 1887, 12 A. C. 444 ; Re Christ's Hospital, 1889, 15 A. C. 182 and Re Swansea Gr. Sch., 1894, A. C. 256, 257. •* See Eoss v. Charity Commrs., 1882, 7 A. C. 470. " See Re Swansea Gr. Sch., supra, 256 ; Re St. Leonard, Shoreditch, Schools, supi-a. " See Re Free Gr. Sch., &c., at Hemsworth, ."iipm. '' Viz. 2nd August, 1869. » 1688, 1 W. & M., c. 18. '■' Viz. End. Sch. Act, 1869. EXDOWMENTS EXCEPTED FROM PROVISIONS AS TO RELIGION. 279 provisions for the exemption of day scholars from attending prayer or religious worship, or lessons on a religions subject, when such exemption has been claimed on their behalf), and respecting the qualification of the Goyerning Body- and Masters,'* unless the Governing Bodj', constituted as it would have been if no Scheme under this Act had been made, assents to such Scheme. And a Scheme relating to any such School or endowment shall not,'' without the consent of the Governing Body thereof, make any pro'vision respecting the religious instruction or attendance at religious worship of the scholars, (except for securing sucii exemption as aforesaid,) or respecting the religious opinions of the Governing Body' or Masters. ' Sees. 15 & 16 of End. Scli. Act, 1869 (p. 272). ^ Sec. 17 of End. Sch. Act, 1869, and Sec. 6 of End. Sch. Act, 1873 (p. 267). •"•Sec. 18 of End. Sch. Act, 1869 (p. 269). * See Dean and Chapter of Chester i;. BiHlioji of (-'hcster, mipra. * See Re Hodgson's Sch., 1878, 3 A. C. 866. 280 LEGAL PEOCEDUEE. CHAPTER XY. LEGAL PROCEDURE.i (1) JURISDICTION. (a) The Privy Council. As to appeals to His Majesty in Council (to be referred by liim to the Judicial Committee of the Privy Council) from Orders made by the Board of Education under the Endowed Schools Acts, see Chap. III., Sec. (4) (e) ; and Chap. XIV., Sec. (8), dealing with "mixed" endowments. As to appeals to His Majesty in Council (to be referred by him to the Privy Council) against Statutes made by Governing Bodies under the Public Schools Acts, see Chap. III., Sec. (5). (b) The Court. The Chancery Division preserves the ancient jurisdiction of the Court of Chancery in Charity matters, and exercises it either directly, or by way of appeal from the Charity Commissioners [and Board of Education] under the C. T. Acts (.see pp. 34, 36) ; but the Court may not, without the consent of the Board of Education, make Schemes or appoint new Trustees in respect of educational endowments which can be dealt with by a Scheme under the Endowed Schools Acts (see p. 46). The direct jurisdiction of the Court is now rarely invoked (see p. 34) ; but, in the administration of estates and tlie construction of w411s and other ' The procedure specially connected with Secondary Schools relates, in the main, to Endoived Schools. The procedure as to Endowed Schools is, for the most part, common to all Charities, educational and otherwise. This chapter does not puri^ort to give more than a general outline of the subject, which is e.xhaustively dealt with in Tudor, 4th ed., Chap. XIL For procedure other than in the Courts, i.e. that which arises under the jurisdiction vested in the Charity Commissioners [and Board of Education], see Chap. III. Sec. (3) of this book. JURISDICTION. 281 instruments, questions involving the destination of charitable gifts or the administration of charitable trusts frequently come directly before it. Further, the Charity Commissioners [and Board of p]ducation] may, in contentious or special cases, decline to exercise their judicial powers, and such cases will, in that event, come before the Coui't (see p. 34). Where the Court exercises its jurisdiction to provide a Scheme, although it will insist on defining the proper trusts of Charity property of which it has, as in administration proceedings or otherwise, the control, it will not retain the property, but will direct a specific Scheme, if, for instance, the matter be a simple one and the fund .small {cf. A. G. v. Bramlreth, 1842, 1 Y. & C. C. C. 200 ; A. G. V. Mansfield, 1845, 14 Si. 601), or a reference to chambers .to settle a Scheme {cf. Wellheloved v. Jones, 1822, 1 Si. & St. 40). Charitable Trusts Acts -.—Sec. 41 of C. T. Act, 1853, enacts that the Court shall have no jurisdiction in proceedings under the Acts to try titles to property as between the Charity and others holding or claiming the property adversely to the Charity, or to try ([uestions as to the existence or extent of any charge or trust. The matters in which the Court has jurisdiction under the Acts are dealt with in the .sub.sequent portions of tliis chapter. Sec. 42 requires public notice to be given of intended applications to the Court. (c) Judge at Chambers. .Jurisdiction similar to that of the Court is given to tiio .Judge at Chambers by Sec. 28 of C. T. Act, 1853, foi- tlie api-ointincnl oi- removal of 'I'rustees, or for Schemes, &c., in the case of any (,'harity of whicli the gross annual income for the tinir being exceeds £.30 (cf. Sec. 44) ; and Sec. 28 empowers him i.. make orders for the hearing "f matters in ojicn Court <>i' olhcrwise. Applications to iiim iin.lci' tlie section are to be made by suninnms ( K. S. C. O. 55, [{. l:!;. As to appeals from an Order by liim see Sees. 28 and 44 and O. 55, K. 14. As fo I'^ees ser <» ti.5, Mr. 21 nnd 2.^). As to the .settlement of Schemes at Chambers apart fi"ni (lie C. T. Acts see infra, p. 288. 282 LEGAL PEOCEDURE. (d) Lancaster Palatine Court. Jurisdiction similar to that giveu to the Judge at Chambers by Sec. 28 {swpra) is given to the Lancaster Palatine Court ^ by Sec. 29 of C. T. Act, 1853. And see Sees. 35 and 37 of C. T. Act, 1853, infra. (e) County Courts. Jurisdiction similar to that given to the Judge at Chambers by Sec. 28 (supra) is given to County Courts, in the case of any Charity of which the gross annual income for the time being does not exceed £50, by Sec. 32 of C. T. Act, 1853, and Sec. 11 of C. T. Act, 1860. Under Sec. 35 of C. T. Act, 1853, an application proper to be made before a County Coui't may be directed by the Charity Commissioners [or Board of Education] to be made before the Chancery Division or Palatine Court of Lancaster. No Order of a County Court for the appointment or removal of Trustees, or approving of a Scheme, is valid unless confirmed by the -Charity Commissioners [or Board of Education] (Sec. 36 of C. T. Act, 1853) ; and they may refer the matter to the Chancery Division or Palatine Court (Sec. 37). See further as to proceedings in County Coui'ts Sees. 34, 38, and 42. Sec. 41 (p. 281) expressly extends to County Courts. See also Sec. 25 of C. T. A. Act, 1855. Sees. 39 and 40 provide for appeals from an Order of the County Court by any person authorised to make any application under the Acts (see Sec. 43, infra, pp. 290, 295, 296), or by any party to any proceeding upon any apj^lication under the Acts. The jurisdiction of the County Court is, however, rarely used.*^ (f) Justices in Petty Sessions. As to premises held over by Masters and others who have been removed from a School, and their recovery in a summary way before Justices in Petty Sessions, see Chap. XII., Sec. (6) (g). ' The Durham Palatine Court was placed on the same fooring by Sec. 9 of the Palatine Court of Durham Act, 1889 (52 & 53 Vict. c. 47). - Tudor, 4th ed., p. 395. -MODES OF PROCEDURE. 283 (2) MODES OF PROCEDURE.' (a) Actions. The original mode of proceeding in Chancery for the purpose of obtaining the administration of Charity property, including the appointment and removal of Charity Ti-ustees, was by Information in the name of the Attornej^-General or by Bill and Information (see President of Magdalen Coll. v. Sihthorp, 1826, 1 Russ. 154) ; ))ut now all suits which formerly were commenced by Bill or Information are to be instituted in the High Court by "Actions" (R. S. C, 0. 1, R. 1), and every Action is to be commenced l)y a writ of summons (0. 2, K. \). When the Attorney-General takes proceedings, he does so, as formerly, as the representative of the Crown, either ex officio on his own initiative or at the instance of a Relator (^1. (t. v. Logan, 1891, 2 Q. B. 10.3 ; A. G. v. Garner, 1907, 2 K. B. 485). See further as to the Attorney General infra, pp. 288 et seq. (b) Summary Procedure fRomilly's Act,' etc.). Summary modes of procedure by summons or petition, in Charity cases, originated with Romilly's Act. The object of tlic Act was, as stated in the preamble, to substitute for procedure by information " a more summary remedy in cases of breaches of trusts created for charitable purposes, as well as for the just and upriglit administration of the same." The Act is especially availal)le for cases arising between the Trustees of a Charity and their cestuis que tnistent in which the interests of the cestuis que trustent do not conflict in principle with one another (Ee ^fanchester New Coll., 1853, IC 15. GIO ; A. (,'. v. Bishop of Wnrce>'ler. 1851, 9 Ha. 328); and the decisions of tlie Courts show that tliey iiave been reluctant to apply the Act to cases which are complicated or involve fundamental questions of iniiiciple (Rf Suir Island ' As to the comparative infrcqiicncy witli which Chanty nmtterH now conio fore the Court see supra, \>. 280. 2.52 Oeo. III. c. 101. 284 LEGAL PROCEDURE. Female Charity Sch., 1846, 3 J. & Lat. 173;- A. G. v. Deirm. 1846, 15 Si. 259 et seq., Blunclell's School). An application nnder Romilly's Act can only be made upon the Certificate of the Attorney-General (Sec. 2) or by the Attorney- General himself (Sec. 43 of C. T. Act, 1853). But, when the Certificate has once been obtained and the matter properly brought before the Court, it will not be necessary to obtain a Certificate on every subsequent application (Re Godmanchester Gr. Sch., 1850, 15 Jur. 833). The following are some of the decisions as to the applicability of the procedure provided by the Act : — It is available (but under certain circumstances only) for Schoolmasters seeking a remedy against dismissal (see p. 227), and also for Trustees and others seeking a declaration, under Sec. 19 of Grammar Sch. Act, 1840,^ that a Schoolmaster has been duly dismissed (see p. 226) ; and the Court can, upon an application under the Act, do the following things :— it can appoint Trustees of a Charity (see Chap. Vlll. Sec. (3)); it can decide who are to have the benefits of a Grammar School, including the Exhibitions thereof (J?e Kugby School, 1839, 1 B. 457), and as to its management generally (Be Boy stem Fr. Gr. Sch., 1839, 2 B. 228) ; it can set aside the election to a Scholarship {Be Nettle's Charity, 1872, 14 Eq. 434, 436) ; it can give directions for a Mortgage (Be Stockport, ^v., Schools, 1898, 2 Ch. 687) or Sale (Be Bradford Sch. of Industry, 1893, W. N. 60; and see other cases cited p. 172) ; and it can consider whether an Act of Parliament in respect of matters with which the Court has no jurisdiction to interfere will be beneficial (Be Shreicshnry Gr. Sch., 1849, 1 Mac. & G. 324). Under Sec. 21 of Grammar Sch. Act, 1840,^ all petitions under the Act are to be according to the provisions of Romilly's Act. Petitions entitled in Romilly's Act, although entitled also in some other Act, must comply Avith the requirements of Romilly's Act (Be London, Brighton cj' S. C. By. Co., 1854, 18 B. 608). ' See as to this Act Chap. III. FUNDS IN COURT. 285 Appointments b}' the Court of new Trustees under Sec. 3 of the Charities Procedure Act, 1832,^ are made upon petition in a summaiy way. A petition for the appointment of new Trustees of a Charity under the Trustee Act, 1850' (rephxced by tlie Trustee Act, 1893 •^•) had usually to be entitled in Romilly's Act as well as in the Trustee Act, 1850.^ Applications under the Trustee Act, 1893, are now permitted to be made by summons (0. 55, K. 13a). As to the Attorney- General in relation to Romilly's Act see infra, pp. 289, 290. A petition directed by the Judge at Chambers under Sec. 28 of C. T. Act, 1853, to be presented for the appointment of new Trustees should be entitled in the matter of the C. T. Act, 1853». and in the matter of the Trustee Act, 1893, but need not be entitle <<' f)7 Viol. v. r>:i. * Svc Tudor, 4tli \>. ^580, -iHl, mid cjiscs there cited. "See as to this .Act Cbai). IV., Sec. (I-). "'i'lidor, 4tli od., p. oOl. ■ :?.-. ,V :'.(> Vict., c. II. '^ 4(1 Sc 47 Vi.l., e. 2'.». "' TiT A ")8 Viel., e. Hi. 286 LEGAL PROCEDUEE. o (b) Trustee Act, 1893.^ Trustees in general, and therefore Charity Trustees who do not avail themselves of the jurisdiction of the Charity Commissioners and Board of Education,^ may pay money int Court under Sec. 42 of the Trustee Act, 1893 (see O. 54 b.), and are thereby relieved of their trusts and liability (He Poplar and Blachwall Fr. Sch., 1878, 8 Ch. D. 546). As to the sanction of the Charity Commissioners [or Board of Education] to such payment in see infra, pp. 291, 292. Notice of payment in should, in the case of Charities, be served on the Attorney- General (Be Poplar ami Blachcall Fr. Sch., sup.; see O. 54 B, R. 4 (2) (a), which, by virtue of R. 6, replaces Chancery Funds Amended Orders, 1874, O. 5). As to applications to deal with Funds lodged in Court under the Trustee Act, 1893, see 0. 54 a, R. 4 A. When once Charity funds have been paid into Court under the Trustee Act, the Court may deal with them without the sanction of the Chai'ity Commissioners [or Board of Educatioji] (see infra, p. 292), and the Attorney-General is the proper pei'son to initiate any further proceedings {Re Poplar and Blachwall Fr. Sch., sup.). Applications under the Trustee Act, 1893, for payment out of Court of £1,000 or less are made by Summons, and of over £1.000 by Petition (0. 55, R. 2 (1) and (2) ; and 0. 54 n, R. 5). (c) Lands Clauses Act. 1845.'^ The purchase money of land sold by, infer alios. Corporations or Trustees under the Lands Clauses Act, 1845, must be paid into ' 56 & 57 Vict., c. 53, replacinK the Trustee Relief Acts, 1847 (10 & 11 Vict., c. 1)6) and 1849 (12 & 13 Vict.,'c. 74). ' Cf. infra, p. 292, n. 1, •* 8 & 9 Vict. c. 18. As to sales by Charities under the Act see Chap. X., iSec. (11). FUNDS IN COURT. 287 Court if it amounts to £200 or more (Sec. 69), and may l)e paid in if it is under £200 but more than £20 (Sec. 71). The Trustees of a Charity are not relieved of liability by jxiyment into Court under the Lands Clauses Act ; and in this respect, therefore, their position differs from that under the Trustee Act, 1893 (see sup., p. 286). Sees. 69 to 80 of the Lands Clauses Act contain provisions as to the proper mode of dealing with funds paid in under the Act, including their investment. Sec. 69 authorises {inter alia) payment out "to any party becoming absolutely entitled." The sanction of the Charity Commissioners [or Board of Education] is not necessary to investment of purchase money of Charity lands which has been paid in under the Act, or to its payment out (see infra, p. 292), but is required foi- payment out to Chai-ity Tru.stees who have no power of sale and, thei-efore, are not " absolutely entitled " (7?e Faversham Charities, 1862, 5 L. T. 787). Semhle it is in the discretion oF the Court to refuse an order for payment out (Re Smith, 1888, 40 Ch. D. 386 ; and see Be Morgan, 1900, 2 Ch. 479). Sec. 80 of the Lands Clauses Act deals with Costs in couiu'ction with funds in Court, which have, generally speaking, to be paid by the puicliasoi-.' The Official Trustees of Charitablo Funds 2 are not boiuu] to join in the conveyance of land purchased under the Act of which the legal estate is vested in the Odicial Trustee of Charity Lands,'' or to receive the purchase money, in ordei- to save the expense of payment into Court (Re LeaU (Jr. Srh., 1901, 1 Ch. 22S). The ti-ansfer of a fund in Court to the Official Trustees of Charitable Funds is equivalent to payment out of Court {Re Bristal Free dr. Sch., 1878, 47 J>. .1. Ch. 317;. ' See, generally, as to these Costa, Tudor, lili •■■1., \'\<. '.'OH-'.MO. - See as to the Official Trustees of Charitable Funds Clui]). VI 1 1. •' See as to the Official Trustee of Charity Lands Cliap. VI 11. 288 LEGAL PROCEDURE. (4) PARTIES TO, AND AUTHORISATION OF, PROCEEDINGS. (a) Attorney-General : (i.) Generally. The Attorney-Grenei-al, as Officer of the King in his character of parens pcdrix, is the protector of all persons beneficially interested in Charity property {Be SehefonVs Charity, 1861, 5 L. T. 488), and, generally speaking, must be a party to any proceedings where their beneficial interests are concerned (see Strickland v. 'Weldon, 1885, 28 Ch. D. 430). He represents all absent Charities, and must represent Charity generally where the specific Charities to be benefited have yet to be ascertained (see Ware V. Cnmherlege, 1855, 20 13. 511) ; but, in administration proceedings where there are specified individual Charities and the only questions are as to whether they are entitled to particular legacies, it is not absolutely necessary that he should lie a party {Ware v. Gumberlege, Slip., 511). He must, however, be joined where a question arises as to whether a fund can be applied cypres {Be Taylor, 1888, 58 L. T. 538); or a Scheme has to be established {Wellheloved V. Jones, 1822, 1 Si. & St. 40 ; cf. sup., p. 281) ; or directions have to be given for the conduct or management of a Charity {Ware V. Cuiitherlege, sup., 511) ; or a Scheme has to be altered (^4. G. V. Steicarf, 1872, 14 Eq. 17). It is one of his duties to initiate proceedings for the protection of Charities, as, for instance, for the alteration of a Scheme, if he is satisfied that it does not 0})erate beneficially for a Charity {A. G. v. Bishop of Worcester, 1851, 9 Ha. 360-361). Apart from the forms of procedure in Court undei' the Charitable Trusts Acts {infra), all actions for the administration of Charity property have ordinarily, as previously stated (p. 283), to be commenced by the Attorney- General either on his own initiative or at the instance of a Relator. When Schemes are directed by the Court to be settled, this is usually done before the Judge at Chambers {cf. supra, p. 281) and the Attorney- General must be in attendance (^4. G. v. Goldsmiths'' Co., 1833, C. P. Coop. 292, 312; A. G. v. Stamford, 1840, 1 Ph. 749;. Be Iinns(nis Trust, 1852, 9 Ha., App. liv.) ; but. where the fund PARTIES TO, AND AUTHORISATION OF, PROCEEDINGS. 289 is small his attendance has been dispensed with (.1. G. v. Haber- dashers' Co., 1835, 2 My. & K. 817). A proposed Scheme is frequently laid before the Attorney-General in the first instance previously to its consideration by the Court (Be Wyersdale Sch., 1853, 10 Ha., app. Ixxiv.). He must attend inquiries before the Master under Romilly's Act (A. G. v. Stamford, sujx, 749), and may himself take proceedings undei- that Act (C. T. Act, 1853, Sec. 43). 1 As to petitions by the Attorney-General for appointments of new Trustees under the Charities Procedure Act, 1832, see Chap. VIII., Sec. (3). Notice must be iifiven to the Attorney- General of payment into Court by Charitj' Trustees under the Trustee Act, 1893, and he is the proper person to initiate proceedings with reference to a fund which has been so paid in (see supra, p. 286). Sec. 18 of C. T. Act, 1853, enacts that the Attorney-General may make .such applications and take such proceedings, with res})ect to any Charity, as if the Act had not been passed, and that nothing in the Act shall be construed as dispensing with liis fiat to any proceeding, not being an application under tlie Act, where such fiat was previously necessary. The following are cases in which the fiat of the Attorney- General is required outside tlie Charitable Trusts Acts : — (1) For Actions (see supra, p. 283) in his own name, whether brou\' a Relator (Tmlor, Itli cd.. p. 525) ; aiul (2) For Petitions under Romilly's Act (see Sec. 2 of the Act). including I'rt it Ions entitled in Uomilly's Act .ind another Act ( h'r Warwick Charities, 1845, 1 Ph. 559 ; Jie Lomloii, BriijiUin, S- S. ('. I!>i. Co., 1854. 18 P.. 008); hut (3) Not necessaiily for a Petition in an Action (.1. C. V. Cooper, 1801, 8 Jur., N. S., 50;, or wlierc \\\r Petition is consequential nn an Oich-r nnuh- undei- Romilly's Act ( /.V (;,,dmni,clu'.. 367. " 'I'udor, 4lli ed., p. 526. =•54 Vict. c. 17; cf. ]). 2!).'5, infra, under (d) and (e). •• Rcphioing the; TniBtce K(,-lief Act, 181.7. 292 LEGAL PROCEDURE. ninckirall Fr. Sch., 1878, 8 Ch. D. 546; cf. Re St. Giles's, cVc, Volunteer Corps, 1858, 25 B. 316) ; but it is usual to obtain the sanction of the Charity Commissioners for payment into CourtJ Application for payment out of, or other dealing with, a fund in Court, including investment, whether it was paid in under the Lands Clauses Act {Be Cheshunt College, 1855. 1 Jur., X. S., 995; Re Listers Hospital, 1855, 6 De G. M. & G. 184; Be Sheffield Gorpn., 1903, 1 Ch. 208) or the Trustee Act, 1893, supra (Be St. Giles's, S^'c, Volunteer Corps, supra, 313), is " an application in a suit or matter actually pending " and, therefore, does not requii'e the Certificate. Where an order approving a School Scheme and directing certain payments out of the funds and investment of residue had been made under Romillv's Act,^ it was held that a subsequent petition for the erection of a new School out of the funds, and not merely for the addition of new rooms, was not " an application in a suit or matter actually pending," and required the Certificate {Be Ford's Charity, 1855, 3 Dr. 324). The restrictions of the section are not, however, intended to interfere with a claim based on a Common Law right, such as an action by Governors- of an Endowed School to I'estrain the Master from presenting himself at the School or continuing to occupy the School-house, on the ground that he had never been properly appointed and had been properly removed {Holme v. Guy, 1877, 5 Ch. D. 910) ; or an action by a Schoolmaster to restrain School Managers irom dismissing him, and ejecting him from the School-house, on the ground that they were not properly appointed {Rendall v. Blair. 1890, 45 Ch. D. 155, 157, — explained in Rooke v. Dawson, 1895, 1 Ch. 487, 488) ; or a motion by a Schoolmaster to restrain dismissal of himself until certain formalities were complied with {Fisher v. Jackson, 1891, 2 Ch. 93, 95). Nor do the restrictions of the section apply where there is a claim to enforce an individual equitable right not involving any administration of the trusts of the Charity {Rooke v. Dawson, supra)., nor, semble, do they aliect ' Tudor, 4th ed., p. 2.55. The better plan for School Trustees to adopt is, however, to apply to the Board of Education for advice under Sec. 16 of C. T. Act, 1853 (see Chap. VIII., Sec. (7» : Tudor, 4th ed., p. 524. - See as to this Act p. 283. PARTIES TO, AND AUTHORISATION OF, PROCEEDINGS. 293 an application, under Sec. 8 of Mortmain and Charitable Uses Act, 1891, for sanction to retain land devised to a Charity or to acquire laud for a Charity out of monies bequeathed for that purpose (Re Church Patronage Trust, 1904, 1 Ch. 41). ^ But the Certificate is necessary, and there can be no exemption on the ground of relief being sought " adversely," where the applicant's claim is based on his being an object of the Charity, as. for instance, where free education is sought for certain boys under a trust affecting the Charity property {Braund v. Devon, 1868, 3 Ch. 800) ; or a claim is made by a Schoolmaster for income 'from the Charity estate {Brittain v. Overton, [1877] 25 Ch. D., 41 n.) ; or a Scholarship is claimed under the trusts affecting the Chal-ity property (liooke v. Baicson, 1895, 1 Ch. 480). A claim alleged to be for property not affected by the trusts of the Charity is an instance of claiming "adversely" (Brittain V. Overton, sup-a). Under Sec. 19 of C. T. Act, 1853, the Charity Commissioners [and Boa)-d of Education] may authorise oi' direct any proceedings to be taken which they think fit. Under Sees. 28, 29, and 32 they may, by order or certificate, give authority to apply to the Judge at Chambers, Palatine Court, and County Court respectively ; and iiinloi- See. 39 they may give a certificate that an appeal from an Order of the County Court is reasonable and proper to be entertained ; but, by reason of Sec. 43, it would !ipi)ear that such authority or certificate can only be given to Trustees or persons administering, or claiming to administer, or interested in, the Charity, or to two oi- more inhabitants of the parish. The Attorney-General can apply under Sees. 28, 29, and 32, or bring an appeal under Sec. 39, without any order or certificate. Under Sec. 6 of End. Sch. Act, 1874, the ])owers of the Court as to nuiking Schemes and .ijipointing new Trustees in respect of educational endowments within ilir I'^ml. Sch. Acts cannot be exercised without the consent of the Board of Kducat ion. See a8 to this Act Chap. IV., Sec. (4) ; aii.l rf. pp. 28.5. 294. 204 LEGAL PROCEDURE. An appeal to the Court from the orders of the Charity C'diinnissioners [and Board of Education], made under the juris- diction conferred on thera by the C. T. Act, 1860, can he presented b\- (infer alios) persons authorised by the Charity Commissioners [or Board of Education], and the Commissioners [or Board] are entitled to notice of any appeal (Sec. 8 of C. T. Act, 1860, and Sec. 10 of C. T. Act, 1869). They may also authorise any persou to a})pear as respondent upon such an appeal (Sec. 9 of C. 'I\ Act, 1860). As to the necessity of certain orders by a County Court being- confirmed by the Charity Commissioners [and Board of Education] see sn'pra, p. 282. Under Sec. 23 of C. T. Act, 1853, the Charfty Commissioners [and Board of Ediication] may authorise compromises by Charities of claims made by them ; and, under Sec. 31 of C. T. A. Act, 1855, of claims made against them. On a summons under Sec. 8 of the Moi'tmain and Charitable Uses Act, 1891,^ for sanction to the retention of land devised to a Chainty, or the acquisition of land for a Charity out of monies bequeathed for that purpose, the Official Trustee of Charity Lands must be a party, but the Charity Commissioners [or Board of Education] are not necessary or proper parties (Re Ghurch Patronage Trust, 1904, 1 Ch. 41). (c) Visitors.- Grammar Schools Act, 1840"^: — Under Sec. 1, Orders under the Act could not be made unless the Visitor had been given an opportunity to be heard ; and under Sec. 9 his consent (as well as that of the Grovernors and Patrons) was necessary before the Court could order two or more Schools to be united. A Visitor may be compelled by mandamus to exercise his powers in a proper way.* ' See as to this Act Chap. IV"., Sec. (4), and cf. snjmi, pp. 285, 293. - See as to Visitors generally Chap. VI L ■' See as to this Act Chap. III. ■'Chap. VII. Sec. (3). PARTIES TO, AND AUTHORISATION OF, PROCEEDINGS. 295 (d) Official Trustee of Charity Lands and Oificial Trustees of Charitable Funds.' These Officers need not be parties to any proceeding under the Charitable Trusts (Recovery) Act, 1891,- unless the Court otherwise orders (R. S. C. (Charitable Trusts Recovery), 1892). As to the Official Ti-ustee of Charity Lands being a party to a summons undei- Sec. 8 of the Mortmain and Charitable Uses Act. 1891, see supra, p. 294. (e) Trustees and Governors. Grammar Schools Act, 1840^: — Under Sec. 9 the consent of the Governors (as well as of the Visitor and Patron) was necessary before the Court could order Schools to be united. Charitable Trusts ^cfs "^ :— Under Sec. 13 of C. T. Act, 1869, the majority of the Trustees, if authorised by the Charity Commissioners [or Board of ?]ducation], may institute and maintain proceedings as if they were sole Trustees, and proceedings duly instituted by Trustees or a majority of them are not to abate on the death or removal of a Trustee or the addition of a new Trustee. Applications under Sees. 28, 29, and 32 (sujjra, pp. 281, 282) respectively of C. T. Act, 1853, may be made by the Trustees or persons administering or claiming to administer a Charity (Sec. 43) ; and ap])ea]s from the County Court (supra, p. 282) may be presented by them (Sec. 39). Appeals from orders made by the Charity Commissioners [or Board of Education] in their judicial capacity cannot be presented by {inter alios) Trustees without the authority of the Attorney-General or the Charity Commissiojiers [or Board of Education] (Sec. 8. of C T. Act, I860, and Sec. 10 oF C. T. Act, 1869). The Trustees of a Charity need not be parties to any proceeding under the Charitable Trusts (Recovery) Act. 1891 (supra, p. 291), unless the Court otherwise oi-ders (R. S. C. (Charitable Trusts Recovery), 1892). ' See as to the OfRcial Trustees Chap. VIII. 2 See as to this Act sujjra, p. 291. ■'Sec as to this Act Clia|>. III. •• See as to these Acts Chap. ill. •29(5 LEGAL PROCEDURE. Endoivfid Schools Acts :— As to appeals by the Governing Body to His Majesty in Council (to be referred by him to the Judicial Committee of the Privy Council) see p. 48; and as to petitions by the Groverning Body to the Board to lay a proposed Scheme before Pai-liament, see p. 49. As to payment into Court by Trustees see supra, pp. 286, 287. (f) Various Parties. Charifahle Trusts Ads^ : — Applications under Sees. 28, 29, and 32 respectively of C. T. Act, 1853 (supra, pp. 281, 282), may be made under Sec. 43 by (inter alios) persons interested in the Charity or by any two or more inliabitants ; and under Sec. 39 appeals from the County Court may be made by the same persons or by any other persons who may have been made party to any proceedings upon any application under the Acts. Appeals to the Court fi*om orders made under the C. T. Act, 1860, by the Charity Commis- sioners [or Board of Education] in their judicial capacity may be pi'esented by (inter alios) persons authorised by the Attoi'ney- General or by persons authorised by tlie Charity Commissioners [or Board of Education], and by Schoolmasters, Schoolmistresses, and other Officers who are removed without the consent of the Trustees and of the Special Visitor,^ if any, (Sec. 8 of C. T. Act, 1860, and Sec. 10 of C. T. Act, 1869). Endowed Schools Acts : — As to appeals by pei'sons or bodies corporate to His Majesty in Council (to be referred by him to the Judicial Committee of the Privy Council) see p. 48; and as to petitions by the Council of a Municipal Borough or by inhabitant ratepayers to the Board of Education to lay a proposed Scheme before Parliament see p. 49. Public Schools Acts : — As to appeals, by persons or bodies corporate to His Majesty in Council, against Statutes by Governing Bodies, see p. 57. As to Relators see sup., p. 283. ' See as to these Acts Chap. III. - See as to Visitors Chaji. VTL APPENDIX I. SEC. 62 OF THE CHARITABLE TRUSTS ACT, 1853. 1. It is proposed in tliis Appendix to supplement the brief reference to tliis section, so far as it relates to voluntary conti-ibutions or subscriptions, which was contained in Chap. 111., Sec. (3) (d), by an analysis of the provi.sions of the section. The text of the section, so far as here material, is as follows: — This Act sliiill not extend to ... . any institution .... \\,v .... Charitable pui'poscs .... wholly nisiintained by Voluntary Contributions, .... and where iiny Charity is maintained partly by voluntary .subscriptions and partly by income arising: from any endowment, the power.s ;uid provisions of the Act shall, with respect to such Charity, extend anil api)ly to the income from endowment only, to the exclusion of voluntary subscriptions, and the application thereof; and no douation or bequest unto or in trust for any such Chai'ity as last aforesaid, of which no special application or appro})riation shall be directed or declared by the donor or testator, juid which may legally be applied by the governing or managing body of such Charity as income in aid of the voluntary subscriptions, shall be subject to the jurisdiction or control of the .... Board [of (;harity Commrs.], or the jjowers or provisions of this Act ; and no ])ortion of any such donation or bequest as last aforesaid, or of any voluntary sul)8crii)tion which is now or shall or may from time to time be set apart or appropriated and invested by the governing or managing body of the Charity, for ihc pui-jxiso of being held and api)lied or expended for or to some delined and specific object or purpo.se connected with such Charity, in pursuance of any rule or rcBolution juade or adopted i)y the governing or mnuaging body of sncli Charity, or of any donation or bequest in aid of any fund so set apart or ajipropriated for any such object or jiurjiose as aforesaid, shall be subject to the jurisdiction or control of the said i^oard or the })0wer8 or ))rovision8 of this Act. 2. Tlw pi'ojjositions expressed (if implied by tlic above piovisioiis niav lie stated as lollnws: — (i.) If a Chai-ity is wliolly maintained l)y "income arising' lioni endowment," the Charity is not exempted. (ii.) If a Charity is "wliolly maintained" liy • vnluntary contributions," it is e,\riiij)tcd. 298 APPENDIX I. (iii.) If a Charity is what has been called mixed, i.e. if it is maintained partly by " voluntary contributions " and partly by " income arising from endowment," then — (a) The "income from endowment only" is not exempted ; (h) The " voluntary subscriptions " are exempted, in- cluding such portion thereof as may^ be " set apart or appropriated and invested " by the Governing Body for some '" specific " purpose. (iv.) If a "donation" or "bequest" is given to a mixed Cliarity, the donation or bequest is exempted, provided that — (a) No " special application or appropriation " is directed by the donoi- oi- testator ; and that (h) It may " legally be applied .... as income " bj-- the Groverning Body ; and this exemption holds even though the donation or bequest is "set apart or appropriated and invested" by the Governing Body for some " specific " purpose.^ (v.) If a "donation" or "bequest" is given to a Charity wholly maintained by " income from endowment," the donation or bequest is not exempted. 3. Although it seems clear that the principle aimed at in the. section was the distinguishing of "voluntary contributions" from "endowment," with the object of exempting the former only from the C. T. Acts (cf. Be Stockport, i^r.. Schools, 1898, 2 Ch. 700; and Ei' Whittle'.^ Contract, 1907, 2 Ch. 495), the interpretation of the section has been exceedingly difficult by reason of the fact that the section does not specify within which, if either, of the two descinptions certain sources of subsistence come, and that a deter- mining factor, in the question of exemption, is the manner in which the sources are utilised. The meanings of the various expressions in the section have been the subject of numerous judicial decisions, which we may next proceed to consider. ^ Charities wholly maintained by " donations " being clearly included (see infra, p. 299) in the description " wholly maintained by voluntary contributions " (sup.), it would seem to be irnmateri:il whether those donations have or have not been " appropriated and invested " by the Governing Body for some "specific" piirpose, but in Be Clergy Orphan Corpn., 1894, 3 Ch. 15-i, there is- a suggestion that the point is open to doubt. SEC. 62 OF THE CHARITABLE TRUSTS ACT, 1853. 299 4. " Endowment " has the meaning given to it b}' Sec. 66 of C. T. Act, 185.3: viz. — "all lands and real estate whatsoever, of any tenure, and any charge thereon, or interest therein, and all stocks, funds, monies, securities, investments, and personal estate whatsoever, which shall for the time being belong to or be held in trust for any Charity, or for all or any of the objects or purjioses thereof " (/iV Clergy Orphan Corporation, 1894, 8 Ch. 150, 151, where the Court of Appeal disapproved, of the view expi-essed in Be Governors for Relief of Poor Widous, c^c, v. Sutton, 1860, 27 B. 651, and in tlie cases which followed the latter decision, that ''endowment" referred to an endowment made for some specific or particular purpose as distinct from the general object of the Charity). An endowment is none the less one because its income alone is held in trust for the Charity or its i^irposes (Re Clertji/ Orphan Corporation, supra) ; but an endowment does not necessarily produce income (cf Re Stockport, .fc, Schools, 1898, 2 Ch. 697). •'Income [arising] from endowment" — which income, whether the Charity is mi.red or not, is subject to the C. T. Acts — means income from invested funds belonging to the Charity (Re Clergy Orphan Corpn., supra, 145), or, of course, income from land belonging to the Charity. The question wliether a Charity occupying or using its own hind could be said to be in receipt of "income from endowment" was touched on in lie Stockport, ^^c. Schools, supra, but. as no Charity could subsist on its occupation or use of its own premises without the receipt of tangible income from endowment or from voluntary contributions, iiiid as Sec. 62 deals Avith the case of Cliarities which have one or brjth of these sources of subsistence independently of their also occupying or using their own premises, the point does not seem to liave any practical bearing. The question of such occuiiation oi- user does, lu)wever, arise in connection with the meaning to be given to the expi-ession '• wholly maintained by voluntary (•()ntril)utions " (see infra). '• Vobintary contributions" includes ■• douiitidns."" '"bequests," iind ••voluntary subscriptions" (Ue Clergy Orphan Corporation, supra, 151). "Voluntary subscriptions" denotes recurring gifts icpeated with more or less regularity (ibid.). "Voluntary contrilnitions" was held in Re Whittle's Contract, 1907, 2 Ch. 486, to include, fiii-ther, not oidy grants (as to which the Court of Appeal was in doubt in Re Stockport, ^x.. Schools, supra), but Fees from pupils. 300 APPENDIX I. Charities Avhicli are "wholly maintained by voluntary contribu- tions" (and therefore exempted from the C. T. Acts) -were defined in Be Clergy Orphan Corporation, 1894, 3 Ch. 150, as those having no invested endowment yielding an income for their suppoi^t, but which are dependent on the gifts of the benevolent, whether recurrent or occasional ; but that case was decided pre\'iously to the decision in Ee Whittle's Contract (1907,2 Ch. 486) that "voluntary contributions " includes grants and fees. A Charity whose only income is from voluntary contributions is not " wholly maintained by voluntary contributions " if it owns j^remises which it uses for the purposes of its Avork, and the proceeds of which, if sold, it cannot apply as income {A. G. v. Maihieson, 1907, 2 Ch. 388. 393). Where the new premises of an existing Charity are paid for with part of a sum subscribed to the general purposes of the Charity, the premises do not constitute an "endowment" so as to bring them within the C. T. Acts (Ee The Church Army, 1905, 21 T. L. R. 681 ; 1906, 22 T. L. R. 428) ; and where the premises of a Charity have been paid for partly by voluntary contributions and partly by borrowed money i-epayable out of voluntary subscriptions, the Charity has been held to be " wholly maintained by voluntary contributions " and therefore exempt from the Acts (Re Whittle's Contract, supra, and Be Harding, 1905, 92 L. T. 641, in both of which cases the loan was raised by a mortgage of the premises. Avhich was paid off out of voluntary subscriptions ; Be Parry c^' Morton s Contract, 1905, 49 S. J. 500, where the loan was intended to be paid oif by voluntary subscriptions). When the property of a Charity consists solely of the invest- ment of voluntary contidbutions it would seem that, if there is any income from the investment, the Charity is wholly maintained by " income from endowment," and, therefore, subject to the C. T. Acts (the views contra in Be Governors for Belief of Poor Widows, S,x.. V. Sutton, 1860, 27 B. 651 ; and Finnis to Forbes, 1883, 24 Ch. D. 591, being the result of the old interpretation of "endowment" which, as above mentioned, was disapproved in Be Clergy Orphan Corporation). If, however, that investment is sold, and the proceeds are applicable and applied as income, the Charity would appear to become " wholly maintained by voluntar}' contributions," and, therefore, exempted from the Acts. 5. The question of mixed Charities remains to be considered. The word "only" in "income from endowment only" has been apparently treated as having the effect of exempting the SEC. 62 OF THE CHARITABLE TRUSTS ACT, 1853. 301 capital of the endowment of a mixed Charity from the C. T. Acts (Royal Society, and Tliompson, 1881, 17 Ch. D. 414 ; Corporation of Sons of the Clergy v. Skinner, 1893, 1 Ch. 184 ; Re St. John Street Chapel, 1893, 2 Ch. 627); but it is submitted that ^^only" is used merely to distinguish " income from endowment " fi"om '• voluntary subscriptions." With regard to the words '"of which no special application or appropriation shall be directed . . . . " a bequest, without any specific direction, to a particular School (the Charity being mixed) is covered by them, and is, therefore, exempted from the C. T. Acts (Re Wilson's Will, 1854, 19 B. 594); but a bequest to Trustees in trust to apply the income in supporting a particular School (the Charity being mixed), with power to divert the fund to other purposes, is not covered by them (Re Sir Robert PeeVs School at Tamworth, 1868, 3 Ch. 554). Donations and bequests to a mixed Charity "may legally be applied as income," and are, therefore, exempted from the Acts if they are made on such terms that there is nothing to prevent the capital thereof from being • applied for maintenance of the Charity (Re Clergy Orphan Corpn., 1894,3 Ch. 151; Re The Church Army.' \mh, 21 ' T. L. K. 681; 1906, 22 T. L. K. 428); but, if donations and bequests to a mixed Charity, although they are not Ijound by the terms of the original gift to be converted perma- nently into capital, are so bound by a subsequent trust deed, they may not "legally l)e applied as income," ami they, therefore, become subject to the Acts (.1. d. v. Mathieson, 1907, 2 Ch. 383). Tc) put it in another way, in the case of mixed Charities, if "voluntary subscriptions," "donations," or " be(]uests," usable as income, and therefore exempted from the C. 'W Acts, are invested, they do not thereby become subject to the Acts (Re Clergy Orphan Corpn., supra, 151; //. I'dny vN' llarfons Contract, 1905, 49 S. ,). 500; .1. (t. V. Mafhieson, sKpni, 393); and they are usable as income if neither the terms upon which they were given or made (Re Clergy Orplian Corpn., supra ; Ji'e Parry .V llortons Contract, supra) nor the provisions of any subsequent trust deed (.1. C. V. Mathieson, supra, .393) ])reclude such u.ser. (i. It has been thought thai the provisions of Sec. 62 which iire here being considered are nr)t exhaustive (cf. Re Stockport, ^r., Srtiools. 18!>8, 2 ("li. 697); but it was laid ilown in Rr Whittles I'nntrarl, 1907, 2 Ch. 495, tli;it there are but the two sources of subsistence for a Cliaritv named in the section, viz., voluntary 302 APPENDIX I. contributions and endowment (cf. Eoyal Society and Thompson, 1881, 17 Oil. D. 415, and Finnis to Forbes, 1883, 24 Ch. D. 593), and that the provisions in question are, therefore, exhaustive. If they were not, it might be contended that the provisions as to mixed endowments would not apply where there was some fui-ther source not named in the section, and that, consequently, the existence of such fiirther source would bring the other sources, including voluntary subscriptions, donations, and bequests, within the C. T. Acts, but such a conclusion is inconsistent with the principle above referred to as underlying the section. The view that " voluntary contributions " includes all sources other than "endowment" avoids this inconsistency and admits of the inclusion among " voluntary contributions " of grants and pupils' fees in accordance with Be Whittles Contract, 1907, 2 Ch. 486. The same view would, however, also involve the inclusion among "' voluntary contributions " of sums earned by the objects of a Charity (c/. Tie Stockport, .fc, Schools. 1898, 2 Ch. 688). APPENDIX 11. STATUTES, ORDERS IX COUNCIL, AND BOARD OF EDUCATION REGULATIONS FOR SECONDARY SCHOOLS. CHARITABLE TRUSTS ACTS. Pekmminary Xote. — As to how far references to the ''' Chanty Commissioners " are to he read as references to the Board of Education see pp. 390, 391. Commis- .siouers, . CHARITABLE TRUSTS ACT, 1853. (16 dc 17 \'ict., c. I;i7). An Act for the better Administration of Charitable Trusts. [20th August 185;-;.] \VnKKEAS it is expedient to provide Means for secnrinp the due Administration of Charitable Trasts, and for the more beneficial Api)lication of Charitable Funds in certain Cases: Be it therefore enacted .... as follows : « « * * VI. The .... Commissioners to be appointed under this style of Act shall be styled "The Charity Commissioners for Emjlnnd and W'alett" .... and any two of such Commissioners may form ;i Hoard .... # « » * IX. It shall be lawful for the said Board from Time to Time, lionnl to as they in their Discretion may see fit, to examine and inquire into {^"J'n"^[ji„I[''" :ill or any Charities in England or Wales, and the Nature and Objects, iind Administration. Management, and Results thereof, and the Value, J„e,""oT Condition, Management, and Application of the Estates, Funds, Charities. Property, and Income Ijelonginf? thereto; and the said Himnl may cause Examinations and Intiuirios in relation to the Matters aforesaid to be made and prosecuted by their Inspectors,' acting together or separately, in such Cases and at such Times as the said Board may think fit; and all such Inspectors' shall fruin Time K. Time report their Proceedings to the said Board. ' See Sec. 2 (3) of C. T. Act, lHb7. 304 APPENDIX II. Power to reciuu-e Accouuts and State- ments. Officers having- Custody of Eecords to furnish Copies and Extracts, if required by Board . Inspector ' may examine Witnesses on Oath. Persons giving false Evidence guilty of a Mis- demeaiiiir. X. The said Board may require all Trustees or Persons acting or having any Concern in the Management or Administration of any Charity, or the Estates, Funds, or Property thereof, to render to the said Board, or to their Inspectors,' or either of them, Accounts and Statements in Writing in relation to such Charity, or the Funds, Estates, Property, Income, or Monies thereof, or the Administration, Management, and Application thereof, and may also require such Trustees and Persons to return Answers in Writing to any Questions or Inquiries addressed to them by the Direction of the said Board relating to the Matters aforesaid. XI. All Officers having the Custody of Enrolments, Decrees, Reports, Records, and other Documents relating to or concerning any Charity shall furnish such Copies or Extracts as shall be required by the said Board ; and every Inspector,' Secretary, and other Officer of the said Board for the Time being employed for the Purposes of this Act shall be at liberty, by the Authority and imder the Directions of the Board, and subject to such Regu- lations as the Board may make in that Behalf, to examine and search the Registers and Records of every Court of Law and Equity, and every Ecclesiastical Court, and every public Registry and Office of Records, and to take Copies of and Extracts from any Decree or Document recorded or registered or deposited therein respectively, for any Purpose contemplated by this Act, without Fee or other Payment in respect thereof. XII. Any Inspector ' acting under the Authority of the said Board may by Precept under his Hand, subject to such Regulations as the said Board may make in that Behalf, require any Person, being a Trustee of any Charity or otherwise qtcting or having any Concern in the Management or Administration of any Charity, or of the Estates, Funds, or Property thereof, or in the Receipt or Payment of the Income or Monies thereof, or deriving any Income or Stipend therefrom, to attend before such Inspector' for the pnrpose of being examined by him touching or relating to such Charity, or the Estates, Funds, Property, or Income thereof, at any Time and Place mentioned or appointed by such Precept, and to bring and produce any Deed, Paper, Writing, Instrument, or other Document, being in the Custody, Possessiou, or Power of such Person, and relating to such Charity, or the Estates, Funds, Property, or Income thereof, and may examine upon Oath all Persons attending in pursuance of such Precept, and all Persona voluntarily attending before him, and may administer such Oath : Provided always, that no Person shall be obliged to travel in obedience to any such Precept more than Ten Miles from his Place of Abode. XIII. If any Person wilfully give false Evidence upon any Examination under this Act, every Person so offending shall be deemed "uiltv of a Misdemeanor. \ See Sec. .2 (3) of C. T. .Act, 1887. CHARITABLE TRUSTS ACT, 1853. 305 XIV. If aiiv Person from whom tlie said Board, or any Inspector,' Person ^ , . A J- refusing to is authorized to require any Account or Statement or Answers to j-gj-^jg,. any Questions or Intiuiries, or whose Attendance any Inspector' is Accoimts, authorized to require, shall refuse or wilfully neglect to render to deemed the said Board such Account or Statement, or to make Answers to f.^^jl^^'j^'lj^' such Questions or Inquiries, or to attend in obedience to any lawful of Court. Precept of any Inspector' or to give Evidence before him, or shall wilfully alter, destroy, withhold, or refuse to produce any Deed, Paper, Writing, Instrument, or other Document which may be lawfully required to be produced before any Inspector ' or the said Board, every Person so offending shall be deemed and takcTi to have been guilty of a Contempt of the High Court of Chancery, and shall be liable to be attached and committed by such Court on summary Aiiplication by the Commissioners to tlie same, and shall ])ay the Costs of and attending such Contempt as the said Court shall direct. XV Provided always, That nothing herein contained siiall extend Saving for to give to the said Board or their Inspectors ' any Power of i-iaimin!,' requiring from any Person holding or claiming to liold any 'I'^l^^^^^^^-;.^^^ Property whatsoever adversely to any Charity, or free or discharged from any Charitable Trust or Charge, any Information, or the Production of any Deed or Document whatever in relation to the Property so held (u- claiincd adversely, or any Ciiaritabh; Trust oi- Charge allegcil lo affect the same. XVI. 'J'hc said lioaril shall receive and consider all .\ii])licarions Board to which may be made to them by any Trustee or other Person ^"jj^[>i;,'." liavins any Concern in the Management or Administration of any tions for Charity, for their Opinion, Advice, or Direction respecting such opinion or Charity, or the Management or Administration thereof, or the Estates, Advice. Funds, Projierty, or Income thereof, or the Application thereof^ or any (Question or Dispute relating to the same resi)ectively, and, if they so think fit, may upon any such Application give such Opinion or Advice as tliey think expeilient, sulijcct to any Judicial (Jrder or Direction which uiuy be subsetiuently made or given l)y any competent Court or Judge; and such Opinion oi' Advice shall b<' in Writing, signed by Two or more of the said Commissioners, and sealed with the Seal of tlie said Comniis.sion ; and every 'J'rustee and I'eixms rjther Person who shall act ui)oii or in accordance with tlie Opinion |,\J;,"i',fg°"f r.r Advice given l)y the said Board shall in respect ot .so acting Hoard u. he be deemed and taken, so far as resitects liis own Jlesi.onsibility, to J"',,';'"""' have acted in accordance with hia Trust; and no siieh .ln.li.i;il Order nr Direction subsequently made or givcm by any Court or Judge shall have any such retrospective Effect as to interfere with or impair the Ind.-mnity by this Act given to Trustees and other I'ersons wIk. have acted uji'in or in accordance with such Opinion ' See Sec. 2 (3) of C. T. Act,, 1hh7. 20 306 APPENDIX II. or Advice of the said Board : Provided always, that uothiupf herein contained shall extend to indemnify any Trustee or other Person for any Act done in accordance with the Opinion or Advice of the said Board, if such Trustee or other Person have been guilty of any Fraud or wilful Concealment or Misrepresentation in obtaining such Opinion or Advice. Notice of legal Pro- ceedings as to any Charity by any Person, except the Attorney General, to be given to the Board. Courts not to entertain Proceediiig.s as to Charities, except u|)on Certificate of the Board. XVII. Before any Suit, Petition, or other Proceeding (not being an Application in any Suit or Matter actually pending) for obtaining any Relief, Order, or Direction concerning or relating to any Charity, or the Estate, Funds, Property, or Income thereof, shall be commenced, presented, or taken by any person whomsoever, there shall be transmitted by such Person to the said Board Notice in Writing of such proposed Suit, Petition, or Proceeding, and such Statement, Information, and Particulars as may be requisite or proper, or may be required from Time to Time by the said Board, for explaining the Nature and Objects thereof; and the said Board, if upon Consideration of the Circumstances they so think tit, may, by an Order or Certificate signed by their Secretary, authorize (U- direct any Suit, Petition, or other Proceeding to be commenced, presented, or taken with respect to such Charit}-, either for the Objects and in the Manner specified or mentioned in such Notice, or for such other Objects, and in such Manner and Form, and subject to such Stipulations or Provisions for securing the Charity against Liability to any Costs or Expenses, and to such other Stipulations or Provisions for the Protection or Benefit of the Charity, as the said Board may think proper ; and such Board, if it seem x^i'oper to them, may by such Order or Certificate as aforesaid require and direct that any Proceeding so authorised by them in respect of any Charity shall be delayed during such Period as shall seem proper to and shall be directed l)y such Board ; and every such Order or Certificate may be in such Form and may contain such Statements and Particulars as such Board shall thijik fit ; and (save as herein otherwise provided) no Suit, Petition, or other Proceeding for obtaining any such Relief, Order, or Direction as last aforesaid shall be entertained or proceeded with b^' the Court of Chancery, or by any Court or Judge, except upon and in conformity with an Order or Certificate of the said Board : Provided always, that this Enactment shall not extend to or affect any such Petition or Proceeding in which any Person shall claim nny Property or seek any Relief adversely to any Charity. Savins for the Attorney General acting ex officio. XVIII. Provided always, That it shall be lawful for Her Majesty's Attorney General acting ei officio to make such Applications, and take and prosecute such Proceedings with respect to any Charity, in the Court of Chancery or otherwise as to him may seem fit, as if this Act had not been passed ; and that nothing in this Act contained shall be construed as dispensing with the Fiat CHARITABLE TRUSTS ACT, 1853. 307 or Allowance of Her Majesty's Attorney General, with respect to 0.nj Proceeding not being an Application under the Jurisdiction created bj^ this Act where such Fiat or Allowance was necessary before the passing of this Act. XIX. Provided also. That where upon any Report of any Board may. Inspector' under this Act or otherwise it appears to the said ^lgp^,.t'jff a„ Board that any Suit, Petition, or other Proceeding concerning or inspector.i relating to any Charity, or the Estate, Funds, Property, or Income p"og°g|f.'' thereof, would be i)roper or e.xpedient, it shall be lawful for the ings, where ^\ \ ■ T , 1 o -i r> i.-i.- no Notice said Board by their Order to authorize or direct such buit. Petition, ^^^ j^^g^ or Proceeding to be commenced, presented, or taken, and to give ^j^j^^^ *jj',,,, such Directions in relation thereto as the said Board may think ^ay in proper; and thereupon such Suit, Petition, or Proceeding may be ^^'^^^^ ^jf^f^^ commenced, presented, or taken accordingly, without any such iiKjuiriesliy previous Notice in Writing as hereinbefore mentioned ; and the i^glJgctor.' said Board before giving any such Opinion, Advice, or Direction upon any such Application as aforesaid, or making any such Order or Certificate after Notice to them as aforesaid, may, where local Inquiry appears to them to be requisite, cause such Inquiry to be made by One of their Inspectors ' ; and the said Board may, in any Case where they see fit, before acting upon the Report of any In.spector,' cause such Report to be deposited for local Inspection, and give Notice of the same being so deposited, and consider any Statements or Objections which may be transmitted to them in relation tliereto. XX. in aiiv Case in which it shall appear to the said Board that Power for the Institution" of legal Proceedings is requisite or desirable with ^J^IJIiy" respect to any Charity, or the Estates, Funds, Property, or Affairs certiu'ii thereof, and that under the Circumstances thereof it is desirable ^^tornc^y ' that such Proceedings shall be instituted by the Attorney General, General, it shall be lawful for the said Board, if they so think lit, to certify such Case, in Writing under the llimd of the Secretary of the said Moard, to Her Majesty's Attorney General, togelhcr with such Statements and Particulars (if any) as in the Opinion of the said IJoard may be reiiaisitc or proper for the Explanation of such Case; and thereupon the said Attorney General, if upon Consideration of the Circumstances he think fit, shall institute and prosecute such legal Procet'dings as ho shall consid(>r requisite or proper under the Circumstances of such Case, by liif(irin;il i( ■ I'.lilion in the Court of Chancery, or by Applicition to u Judge thereof at Chambers .... or County Court under the Jurisdiction given by this Act. XXI II' iti anv Case it aijpcar lo tlic Trustees or Persons for the Hoard umy ... ,, , ,. Hunctioii Time being acting in th)h7. 808 APPENDIX II. Leases, working Mines, •doing Repairs and tny)rove- uieiits ; and may authorize tlie Applica- tion of the ('liarity Funds or the raising (if Money on Mortgage for those Purposes. Charity, or the Estates or Property thereof, that any Part of the Charity Lands or Estates may be beneficially let on Building, Repairiiio', Tmprovino;, or other Leases, or on Leases for Working^ any Mine, or tliat the digging for or raising of Stone, Clay, Gravel, or other Minerals, or the cutting of Timber, would be for the Benefit of the Charity, or that it would be for the Benefit of such Charity that any new Road or Street should be formed or laid out, or any Drains or Sewers made through any Part of the Charity Estates, or that any new Building should be erected, or that any existing Building should be repaired, altered, rebuilt, or wholly removed, or that miy other Improvements or Alterations in the State or Con- dition of the Lands or Estates of such Charity shoidd be made, it shall be lawful for such Trustees or Persons to lay before the said Board a Statement and Proposal in relation to any of the Matters aforesaid; and it shall be lawful for the said Board, if they think that the Leases or Acts to which the Statement and Proposal relate (with or without Modifications or Alterations) would be beneficial to the Charity, to make such Order under their Seal for and in relation to the granting of such Leases, or the doing of any other such Acts as aforesaid, and any Circumstances connected therewith, as they may think fit, although such Leases or Acts respectively shall not be authorized or permitted by the Trust ; and the said Board, by any such Order, may authorize the Apijlication of any Monies or Funds belonging to the Charity for any of the Purposes or Acts aforesaid, and, if necessary, may authorize the Trustees to raise any Sum of Money by Mortgage of all or any Part of the Charity Estates .... <'om- XXII. It shall be lawful for the Board, upon Proof to their to authorize Satisfaction that any Schoolmaster or Schoolmistress or other Officer Trustees to of any Charity has been negligent in performing his or her Duties, remove "^ t , , Officers. or that he or she is unfit or incompetent to discharge them properly, either from immoral Conduct, Age, or any other Cause whatsoever, to empower the Trustees of such Charity to remove such School Master or Mistress or other Officer, and to charge the Salary of his or her Successors, or any other Portion of the Revenues of the Charity, with such retiring Pension or Allowance, if any, in favour of the Person so removed, and generally to impose such Conditions as to the said Board shall appear proper : Provided always, that where there shall be any special Visitor of the Charity, the Consent of such Visitor, in Writing under his Hand, shall be necessary in order to such Removal. I'oard may s;inction < 'om- promise of Claims on Imhalf of Charity. XXIII. If in any Case it appear to the Trustees or Persons acting in the Administration of any Charity that any Claim or Demand or Cause of Suit against any Person in relation to such Charity may, with Advantage to the Charity, or should under the special Circumstances of the Case, be compromised or adjusted with- CHARITABLE TRUSTS ACT, 1853. 309 out takiug or without continning any Proceediugs at Law or in Equity, such Trustees or Persons may, or the Person against wlioni such Claim, Demand, or Cause of Suit, exists or is alleged to exist, may. with the Consent of tlie Trustees or Persons acting in the Administration of such Charity, submit to the said Board a State- ment and Proposal for such Compromise or Adjustment ; and if it appear to the said Board after such Inquiry in relation thereto by one of their Inspectors,' as they may deem requisite, or otherwise, that such Proposal, either with or without any Modification, is tit and i)roper, and for the Benefit of the Charity, it shall be lawful for the said Board to make such Order for and in relation to such Compromise or Adjustment as they may think fit; and upon the due Performance of the Terms and Conditions of such Compromise or Adjustment as aforesaid, such Agreement shall be a final Bar to all Actions, Suits. Claims, and Demands by or on behalf of the Charity concerned therein, in respect to the Cause of Action, Suit, or Matter in respect to which such Compromise or Adjustment shall liave been made. XXIV. Upon Application to tlie said Board by the Trustees or Board, Persons acting in the Administration of any Charity, representing special to the said Board that, under the special Circumstances of any Cncum sttincBS I.and belonging to the Charity, a Sale or Exchange of such Land ^ay can be effected on such Terms as to increase the Income of the authorize Sale or Charity, or would otherwise be advantageous to the Charity, such Exchange Board may, if they think lit, inquire into such Circumstances, and Lauds*"'^ if after Inquiry they are satisfied that the proposed Sale or Exchange will lie advantageous to the Charity may audiorise the Sale or Excliange, and give such Directions in relation thereto, and for securing the due Investment of the Money arising from any such Sale, or by way of E(iuality of Kxchange for tlic Benefit of tlio Charity as they may think fit, XXV. The said Board shall have Authority, ui)on sucji Appli- Board uiay cation as aforesaid, to authorize the Sale to the Owners of the Land ti,e hq. ' charged therewitli of any Rentcharge, Annuity, or other periodical deniptiun of I'aymrnt charged uiKin Land and payable to or for the Benefit of charges, any Charity or applicable to Charitable Purposes, upon such Terms and Conditions as they may deem beneficial to tlie Charity, and to give such Directions for securing tlie due Investment of the Money arising from such Sale for the Benefit of the Charity, or for securing the due Application IJiereof to such Charitable Purposes, as they may think fit; and in like Manner the Trustees of any Cliarity, with the Consent of the Hoard, may pui-chasc any Rentcharge or other yearly Payment tr) which the Charity Estate is or shall be liable. ' See Sec. 2 (:<) of C. T. Art. 1887. .•510 APPENDIX II. Leases, XXVI. The Leases, Sales, Exchanges, and other Transactions *^utliorfze(l authorized by such Board under the Powers of this Act shall have by the the like Effect and Validity as if they had been authorized or vauaf ""''^^ directed by the express Terms of the Trust affecting the Charity. Trustees of ( 'hiirities enabled to j)iirchase Sites for building from t)wners under Disability, Ac, accord- ing to the Provisions of Lands Clauses Consolida- tion Act, 1815. XXVII. Where any Land shall be required for the Erection or Constraction of any House or Building with or without Garden, Playground, or other Appurtenances, for the Purposes of any Charity, and the Trustees of the Charity shall be legally authorized to purchase and hold such Land,' but by reason of the Disability of any Person having an Estate or Interest in such Land, or of any Defect in Title thereto, a valid and perfect Assurance of the same Land cannot be made to the Trustees of the Charity in the ordinary Manner, it shall lie lawful for the Trustees of the Charity, with the Sanction of the said Board (such Sanction to be certified under the Hand of their Secretary), to take and purchase such Land according to the Provisions of " The Lands Clauses Consolidation Act, 1845 " ; and for that Purpose all the Clauses and Provisions of the last-mentioned Act with respect to the Purchase of Lands by Agreement, and with respect to the Purchase Money or Compensa- tion coming to Parties having limited Interests, or prevented from treating, or not making a Title, and also with respect to Conveyances of Lands, so far as the same Clauses and Provisions respectively are applicable to the Cases contemplated by this Provision, shall be incorporated in this Act ; and in all Cases contemplated by this Provision, the Expression " the Special Act," used in the said Clauses and Provisions of the said " Lands Clauses Consolidation Act " shall be construed to mean this Act ; and the Expression " the Promoters oF the Undertaking," used in the same Clauses and Provisions, shall be construed to mean the Trustees of the Charity in question. In Cases of Charities the Incomes of which exceed 30/., Master of the Rolls and Vice Chancel- lors, upon Applica- tions to them at Chambers, to have the same Juris- diction as the Court of Chancery or XXVIII. Where the Apjiointment or llemoval of any Trustee, or any other Relief, Order, or Direction relating to any Charity of which the gross annual Income for the Time being exceeds Thirty Pounds, shall be considered desirable, and such Appointnieut, Removal, or other Relief, Order, or Direction might now be made or given by the Court of Chancery, in respect either of its ordinary or its special or statutory Jurisdiction, or by the Lord Chancellor inti'usted with the Care and Commitment of the Custody of Lunatics, it shall be lawful for any Person authorized in this Behalf by the Order or Certificate of the said Board, or for the Attorney General, to make Application (without any Information, Bill, or Petition) to the Master of the Rolls or one of the Vice Chancellors sitting at Chambers, for such Order, Direction, or Relief as the ' See Sec. 41 of C. T. A. Act, 185.5. CHARITABLE TRUSTS ACT, 1853. 311 Nature of the Case may require ; and the Master of the Rolls or Lord c'han- the Vice ChaiR-ollor to wliom any such Application shall be made hasuVon^n- shall and may proceed upon and dispose of such Application in formation, Chambers, save where he may think tit otherwise to direct, and shall and may have and exercise thereupon all such Jurisdiction, Power, and Authority, and make such Orders and give such Directions in relation to the Matter of such Application, as might now be exercised, made, or given by the Court of Chancery or by the Lord Chancellor intrusted as aforesaid, in a Suit regularly instituted, or upon Petition, as the Case may require; and the Master of the Rolls and Vice Chancellors respectively shall, in relation to such Applica- tions as aforesaid, and the Proceedings thereon, (subject to any Rules which may be made Ijy the Lord Chancellor, with the Advice and Consent of them or any Two of them,) liave all such Powers of directing Matters to be lieard in open Court, and of ordering what Matters shall be heard and investigated by themselves and their Chief Clerks respectively, and such other Powers and Authorities as by the Act of the last Session of Parliament, Chapter Eighty, are 15 & in Vict. vested in or authorized to be exercised by them at Chambers; and the Provisions of the said A(;t applicable to Orders made by the Master of the liolls or any of the Vice Chancellors at Chambers shall extend to all Orders so made under this Act : Provided always, that, save as may be otherwise provided by any Rules to be made by the Lord Chancellor, with such Advice and Consent as aforesaid, the Determinations of the Master of the Rolls and Vice Chancellors respectively upon and in relation to such Applications as aforesaid shall not be subject to Appeal in any Case where the gross annual Income of the Charity does not exceed One hundi'ed Pounds ; Provided also, that it shall be lawful for the Master of the Rolls or any Vice Chancellor, where under the Circumstances of any Application as aforesaid he may so see tit, to direct that for obtaining the Relief, Order, or Direction sought for by such Application an Information, Bill, or Petition, as the Case may rfqiiirc, shall be filed or presented and prosecuted as now by Law required, and to abstain froTii further Proceedings on such Application. {•. HO. XXIX. The Jurisdiction created and given by this Act to Provision as the Master of the Rolls and the Vice Chancellors sitting in ^i*,'j"'t{',g'* Chambers, upon any A|)])lication to them respectively as aforesaid, .Turi.sdiciiiin shall extend concurrently to and may be exercised by the Chancellor „f ('i,"„iic'ci'v of the Duchy and County Palatine of Lancaster, and tlic Vice <>f the Chancellor of the same County Palatine respectively for the Time Palatiue of being, as to every Charity within the Jurisdiction i)lication with respect to which such Order or Certificate shall have been made shall not be entertained or proceedefl with by such .... County Court. XXXVJ. Wiienover any Order or Di'cision is made liy any No Ordei- . . County Court for the Ajipointment or Uemoval of any (^;o,',niy Trustee of any Charity, or approving of any Scheme for regula- Court for ting or directing the Administration of any Charity, or the Estate, Appoint- Fnnds. Property, or Income thereof, a Copy of every such Order uientor ■su APPENDIX II. Removal of Trustees or Approval of a Scheme to be valid unless con- firmed by Board. or Decision shall immediately upon the making thereof be delivered or transmitted .... by the Clerk of the County Court, . . . . together with all requisite Particulars, to the said Board, for the Purpose of being considered by them ; and no such Order or Decision shall be valid or effectual ujitil the same shall have been approved by the said Board, such Approval to be testified by a Certificate in Writing, signed by the Secretary of the said Board, and no such Approval shall issue from the said Board until Oue Calendar Month shall have elapsed after the Receipt by the Board of such Copy and Particulars. Board, if dissatisfied with the Order of . . . Couuty Court, may remit the Case for Recou- sideration, or may transfer the Matter to a Judge of the Court of Chancery. XXXVIT. In case any such Order or Decision as last aforesaid of any .... County Court shall not be approved by the said Board, it shall be lawful for such Board to remit the same for Reconsideration and Decision by such .... County Court, with such Remarks and Recommendations thereon (if any) as shall seem fit and expedient to such Board, or, in the Discretion, of the Board, to order and direct that the Subject Matter to which such Order or Decision relates, together with such Order or Decision, shall be submitted to the Consideration and Decision of a Judge of the Court of Chancery, and in such last-mentioned Case no further Proceedings shall be had or taken in the County Court with respect to the Matter in question ; and in case the Order or Decision of the .... County Court, on the Reconsideration of any Order or Decision so remitted for Reconsideration, be disappi'oved as aforesaid by the said Board, such Board shall refer such Orders and Decisions and the Subject Matter thereof, to a Judge of the Court of Chancery, or, as to any Charity within the Jurisdiction of the Court of Chancery of the County Palatine of Lancaster, either to the Chancellor or the Vice Chancellor of the same Couuty Palatine, or to a Judge of the High Court of Chancery ; and where any Order or Decision is referred to a Judge of the Court of Chancery, or of the Court of Chancery of the said County Palatine of Lancaster, under this Provision, such Judge shall have and exercise all such Jurisdiction, Power, and Authority in relation thereto as in the case of a Charity the gross annual Income whereof exceeds Thirty Pounds, aud may make such Order in relation to the Matter of sitch Order or Decision as to him may seem jaroper. How Orders XXXVIII. Suljject to any Orders to be made by the Lord County ' Chancellor as herein-after mentioned, and to the other Provisions of Court under this Act, all Proceedings to be taken in any .... Couuty be enforced. Court, and all Orders and Directions to be made or given by any such .... Couuty Court by virtue of the Jurisdiction hereby created aud conferred on such Court, shall respectively be subject to the same Rules aud Regulations, aud have the same Effect aud be registered, enforced, aud exectited in the same Manner, as the CHARITABLE TRUSTS ACT, 1853. 315 other Proceedings, Orders, Judgments, and Directions of the same Court under its ordinary Jurisdiction, and it shall be lawful for any County Court, with the Consent of the Board, to rescind or vary any Order which shall liave been previously made by such Court, without Prejudice to any Act or Matter in the meantime done under such Order ; and for executing and putting in force any Order to be made by any County Court under this Act, every Judge of any such Court shall and may have and exercise all such Powers as by the Act of the Session holden in the Ninth and Tenth Years of Her Majesty, Chapter Ninety-five, are given for enforcing the Payment of any Debt, Damages, or Costs under the said Act. XXXIX. Where any Person autliorizod to make any Application Appeal. under this Act, (other than Her Majesty's Attorney General acting e.i" officio,) or any other Person who may have been made a Party to any Proceeding upon any Application under this Act, is aggrieved by or dissatisfied with any Order made by any .... County Court upon any such Application, or any Proceeding thereon, he may, within One Calendar Month after the making of such Order, give Notice in Writing to the said Court, and also to the said Board, that he is desirous to appeal against the same ; and if the said Board tliink it reasonable and proper that such Appeal should be entertained, and give a Certificate to that Effect, such .... County Court shall suspend any Proceedings uj)on the Order appealed against during such Time as the Circumstances may require ; and the said Board, if they so tliink fit, may require the Person giving any such Ni"';il under Mils .\ct. XL. Where any Order allowing an -Aiqieai has been made as Proceedings aforesaid, the Person thereby allowed to appeal shall within Three °^ Appeiil. Calendar Months pre.srnt a Petition to the Court of Chancery, setting 316 APPENDIX II. forth the Order appealed against, and the Order allowing such Appeal and praying- such Relief as the Case may require; and upon the hearing of such Petition the Court may confirm, vary, or reverse the Order appealed against, or may remit such Order to the .... Count}- Coiirt by which the same was made, with or without any Declaration or Directions of the Court of Chancery in relation thereto, or may proceed in relation to the Charity to which such Order relates as in the case of an Application under this Act to a Judge of the Court of Chancery at Chambers, and any Judge of such Court sitting at Chambers or in open Court may make or give any such Orders or Directions in relation to the Matter of such Order as he may see fit, or the Court may make such other Order in relation to the Matter of any such Appeal as to the Court may seem just, and as might be made in the Case of a Suit regularly instituted, or a Petition, as the Case may require ; and in Case the Party allowed to appeal do not within such Three Calendar Months present such Petition of Appeal, the Order against which such Appeal was allowed shall be final ; and in case any Costs adjudged -, , on any such Appeal to be paid by the Party allowed to appeal be may be put not paid, such Bond as aforesaid may be put in Suit, and the m Sint. Money to be recovered on every such Bond shall be applied to indemnify the Charity Estate or the Person damnified, or other- wise in such Manner as the Justice of the Case may require, and the Court or Judge by whom such Appeal may have been heard shall think fit. Bond to prosecute I No Chancery Judge, or . . . County Court, in Proceedings under this Act to trv Titles, &c. XLI. Providetl always, That no Judge of the Court of Chancery nor imj .... County Court, shall upon any Proceedings under this Act ha\-e Jurisdiction to try or determine the Title at Law or in Equity to any Real or Personal Property, or any Term or Interest therein, as between any Charity, or the Trustee thereof, and any Person holding or claiming such Real or Personal Property, Term, or Interest adversely to such Charity, or to tr}' or determine any Question as to the Existence or Extent of any Charge or Trust. Notice to be published of Application for Schemes or Appoint- ment or Re- moval of Trustees luider this Act. XLII. Before any A^jplication shall be made to any Judge of the Court of Chancery, or to any .... County Court, under any of the Provisions herein contained for the Establishment or Alteration of a Scheme or the Appointment or Removal of any Trustees or Trustee, Notice in Writing of such intended Application shall be given in such Form and Manner as the said Board shall have directed ; and if the Order be that such Notice be affixed to or near the Door of any Pai-ish or District Church, the Incumbent and Churchwardens of such Parish or District are hereby respec- tivelj' required to allow such Notice to be affixed and to remain so aftixed during such Period, not less than Fifteen Days, as the said Board shall have ordered ; and in any Case in which the Order shall be that such Notice shall be affixed to any Place, Evidence CHARITABLE TRUSTS ACT, 1853. 317 chat the same has been so affixed shall be deemed and taken as prima facie Evidence that it has remained affixed during the Period prescribed by the Board. XLIll. Every Ajiplication to any Judge or Court under the By whum Jurisdiction created or conferred by any of the Provisions of this fioi^g'^ay Act, may be made by Her Majesty's Attorney General, or, subject be made, to the Provisions aforesaid, by all or any One or more of the Trustees or Persons administering or claiming to administer, or interested in, the Charity which shall be the Subject of such Application, or any Two or more Inhabitants of any Parish or Place within which the Charity is administered or applicaVile ; and it shall Attorney be lawful for Her Majesty's Attorney General for the Tinie being, J"}-®™ acting ex officio, to make Application by Petition to the Court of petition Chancery with respect to any Charity under the Provisions of the -,2 g. ;j Act passed in the Fifty-second Year of King George the Third, c. loi. Chapter One hundred and one, or under the Provisions of any Act or Acts passed or to be passed authorizing the Application to the same Court by Petition according to the Provisions of the said Act. XLIV. For the Purposes of determining the Jurisdiction under .Statement this Act with respect to any Charity, or the Right to appeal from ',,'0/0° '^f'*'" the Determination of a Judge of the Court of Chancery, it shall bo Board of the lawful for the said Board to declare, according to such Judgment iiJcome of as they may be able to form upon the Returns or Statenn-nts before suiyCharity them in relation to any Charity, whether the gross annual Iticomc sufficient for the Time being of such Charity does or does not exceed Thirtv I'-vidence , , „ . x ' for deter- Pounds or One hundred Pounds, (as the Case may reriuire,) and a miuinp the Statement in any Certificate or Order of the said Board that according •'"'■is'hction •' '^ or I'roceed- to such Judgment as aforesaid the gross yearly Income of any Charity in^s under docs oi- does not exceed Thirty Pounds or One hundred Pounds shall ^ ' he sufficient Evidence of the Amount of the gross annual Income of such Cliarity, for the Purpose of determining snch Jurisdiction or Right to appeal as aforesaid ; and any Certificate or Order made by the said Board nmhjr this Act, authorizing any Pi-occeding or .'\p])lication concerning any Charity to be taken or made to any County Court or to the Court of Chancery or any .hulge tliereof, shall state that the gross annual Income for the Time ))eiug of snch Charity does not exceed Thirty Pounds, or does exceed 'i'hirty Pounds (as the Case may be): Provided always, that where Proviso aw anv Cliarity, or the Trustees thereof, in addition to the i>rincipal '^I''i'f""ilar Endowment for its general Objects and Purjioses, shnil be pos8e8S<'d mcntR. of or entitled to any other Endowment for any jinrficnlar or six'cial Object or Purpose arising out of or i)i its Nature or .Application connected with the general Olijects or Purposes of such Charity, it shall be lawful for liie said Board, having regard to the Circumstances of each such Case, and to the <)bject and Extent 318 APPENDIX II. of the proposed Application and Litigation, to determine whether such Endowment for such particular or special Object or Purpose should, for the Purposes of Jurisdiction and Proceedings under this Act, be considered and treated as forming Part of the general Endowment of the Charity, or as a separate or independent Charity, and such Board shall frame their Certiticate or Order accordingly. Lord Chan- cellor to make Orders for regulating Proceedings before . . . County Courts. Judges to regulate Proceed- ings. Reservation of Rights and Privilegesof Church of England with respect to Charities. XLV. The Lord Chancellor shall make such Orders for regulating Proceedings by and before the Judges of ... . County Courts under this Act, and for fi.\;ing and determining the Fees to be taken in respect of such Proceedings, as he may see fit ; and, subject to such Orders, such Judges may regulate the Proceedings before them respectively so as to render them as summary and inexpensive as conveniently may be. XLYI. Nothing herein contained shall diminish or detract from any Right or Privilege which by any Rule or Practice of the Court of Chancery, or by the Construction of Law, now subsists for the Preference or the exclusive or special Benefit of the Church of England, or the Members of the same Church, in settling any Scheme for the Regulation of any Charity, or in the Appointment or Removal of Trustees, or generally in the Application or Management of anv Charitv. Secretary to be Trea- surer of Cliarities • ; such Treasurer to be a Corpora- tion. XLYII. Tlie Secretary for the Time being of the said Board shall by virtue of his Appointment be the Treasurer of Public Charities ; and such Treasurer shall, for the Purposes of taking, holding, conveying, assigning, transferring, and transmitting Real Property, including Leaseholds for Lives or Years, be a Corporation Sole by the Name of '" The Treasurer of Public Charities,"' ' and by that Name shall ha\e perpetual Succession, and plead and be impleaded before all Courts, Justices, and others. Land holden upon trust for a Charity subject to Jui-is- diction of Court of Chancery and of Judge may be vested in Treasurer.' XLYIII. Where any Land, or any Term or Estate therein, holden upon trust for any Charity, shall be vested in any Persons other than the Persons acting in the Administration and Application of the Rents ; or where there shall be no Trustees thereof, or the Trustees, or any of them, shall be unwilling to act, or it shall be uncertain in whom such Land, Term or Estate, shall be vested, or all or any vf the Persons in whom such Land, Term or Estate, shall be vested cannot be found, or shall be under Age, lunatic, or of unsound Mind, (whether found such by Inquisition or not,) or otherwise incapable of acting, or shall be out of the Jurisdiction or not amenable to the Process of the Court of Chancery, or where by reason of the reduced Number of Trustees or other Causes a valid Appointment of new Trustees cannot be made, or where by reason of the Expenses 1 See Sec. 15 of C. T. A. Act, 1855. CHARITABLE TRUSTS ACT, 1853. 319 incident to the Appointment of new Trustees, and the Conveyance or Assignment of such Land. Term or Estate, to such new Trustees, it shall appear to the Court of Chancery, or to any Judge of such Court or of any Court having Jurisdiction with respect to such Charity under this Act, desii'able so to do, such Conrt or Judge may order that such Land, Term or Estate, be vested in such Treasurer,' and thereupon the same shall vest in such Treasurer' and his Successors for all the Estate and Interest holden in trust for the Charitj' as aforesaid, without any Conveyance or Assurance thereof; but no such vesting Oi'der as aforesaid shall be made in Proviso. respect of any Land, or Term or Estate as aforesaid, holden in trust as aforesaid, vested in a Corporation, without the Consent of the Corporation ; and no such vesting Order shall take effect in respect of any Copyhold Land without tlie Consent of the Lord of the Manor ; and the Court of Chancery, or such Judge, may direct such periodical or othei- Payment, as such Court or Judge may think fit, to be made to the Lord of the Manor, in compensation for Fines or other Profits which would have become due upon Death or Admittance of Tenants. inay XLl.X. It shall be lawful for any Court or Judge by whom Onier.s respectively anv such Vesting Order mav liave been made, or for anv '^^ made ' •' • ^ " ' • I•evestln^■ other Court or Judge having Jurisdiction in the Matter, if it shall so Land, &c. seem fit to such Court or Judge, from Time to Time to order that J^\''^? all or any Part of the Land, Term or Estate, which shall for the Time of the being be A-este.l in the said 'I'reasurcr ' by virtue of any siicli \'estiiig « i"i .\ . Order as aforesaid, shall be devested, and tliat the same shall be vested in the acting Trustees or Trustee for the Time being of tlie Charity ; and such last-mentioned Order shall operate to vest such Land, 'J'crm and Estate, in the Trustees or Trustee therein named witiioiit anj' Conveyance or Assurance. L. Subject to the Order.< and l)ii-ccrions of the Court (if ( 'liiiuccrv Treasurer' or of anv such Ju Ix-en disposcMl of, or if no such Objections or Suggestions shall have been made, tlie Board, in case they shall not think fit to refer such Schi-me to an Inspector- under the Provision next herein-after containctl, in;iy proceed to approve such Scheme, and to certify the same in iiiaiiiicr lierein-after mentioncMJ. LVII. Uiion the Requisition of anv Person interested in the Tlie Muii.er Charity in question (in case the said Board after tlue Consideration may )„. shall be of opinion that there are sufficient Grounds for complying referred to with such Re(|uisition), or in any other Case, if the said Board inspector^ shall consider it desirable, the Matter of any Scheme in question y"/'|[,"™.' may be referred by the said Board to One of their Inspectors, and such Inspector- shall thereupon proceed to make a local Inquiry and Examination into the Matter of the Scheme in question, and for the Purposes of such liKiniry such Inspector- may hold a Sitting or Sittings in some convenient Place in tin; I'arisii or Oik; of the Parishes or ihe District to or in which respectively the Charity in question is wholly oi- partially situated or is administered, and may take and receive any Kvidence and I jiforniation, and ii(3ar and inquire into any Objections or Questions relating to the Scheme or Charity in question, and may from Time to Time adjourn any such Sitting, and public Notice shall be given by such Inspector - of every such Sitting (exce])t an adjourned Sitting) Fourteen Days at the least, before the holding thereof, in such other Mode as in the Judgment of the said Board shall be sufficient to ensure Publicity. ' aee Sec. 43 of C. T. A. Act, 1855. -'See Sec. 2 (.'() of <'. T. Act, 18H7. 21 ;-{22 APPENDIX II. tlie Board. Inspectors! LVIII. Every Inspector' to whom any such Matter shall lie Re'^Jlt'oV^'' referred shall report in Writing to the said Board the Result of Tiiquiry to his In(|uiry, and whether in his Opinion the Scheme in question should be ajsproved with or without any Alteration or Modification thereof, and such Report shall specify or indicate the Alterations (if any) which such Inspector ' shall consider desirable, with the Reasons for the same, and also the Nature of the Objections (if any) which shall have been made to the Scheme, and the Opinion of the said Inspector ' thereon, and the said Board shall consider such Report, and if, as the Result of such Report or after further Inquiiy, they shall be satisfied therewith, they may proceed to approve the Scheme in question either with or without any Alteration, and to certify the same in manner herein-after mentioned. Schemes when approved to be certified by the Board. Copy of such Cer- tificate to be deposited in the Parish or District and Notice given. Annual Report to be laid before Parliament LIX. Every Scheme to be approved by the said Board shall be certified by them, and for that Purpose shall be embodied in a Certificate to be made by the said Board, and sealed with their Seal; and in every Case a Copy of such Certificate shall be deposited in some convenient Place within the Parish or One of the Parishes or the District in which the Charity in question shall wholly or partially be situated or administered, and at the Office in London of the Registrar of County Courts Judgments,' and a Notice shall also be given, in such Manner as the Board shall direct, which Notice shall refer to the Certificate so deposited, and shall state the Intention of the Board to proceed with the Scheme thereby certified. LX. » St » * Accounts of LXT. The Trustees or Persons acting in the Administration of Clmritfe*s°^ every Charity shall, in Books to be kept by them for that Purpose, . . . regularly enter or cause to be entered full and true Accounts of all Money received and paid respectively on account of such Charity .... Exemptions from the Operation of Act. Provisions as to Charities supported partly by voluntary Subscrip- tions. LXII. This Act shall not .... extend or be applied to any Institution, Establishment, or Society for Religious or other charitable Purposes, or to the Auxiliary or Branch Associa- tions connected therewith, wholly maintained by voluntary Contri- butions . . . . ; and where any Charity is maintained pai-tly by voluntary Subscriptions and partly by Income arising from any Endowment, the Powers and Provisions of the Act shall, with respegt to such Charity, extend and apply to the Income from Endowment only, to the Exclusion of voluntary Subscriptions, and the Application thereof; and no Donation or Bequest unto or in trust for any such 1 See Sec. 2 (.3) of C. T. Act, 1887. 2 See Sec. 43 of 0. T. A. Act, 1855. CHARITABLE TRUSTS ACT, 1853. 323 Charity as last afwresaid, of wliicli no spucial Application or Appro- priation shall be directed or declared by the Donor or Testator, and which may legally be applied by the governing or managing Body of such Charity as Income in aid of the voluntary Subscriptions, shall be subject to the Jurisdiction or Control of the said Board, or the Powers or Provisions of this Act ; and no Portion of any such Donation or Bequest as last aforesaid, or of any voluntary Subscrip- tion, which is now or shall or may from Time to Time be set apart or appropriated and invested by the governing or managing Body of the Charity, for the Purpose of being held and applied or expended for or to some defined and specific Object or Purpose connected with such Charity, in pursuance of any Rule or Resolution made or ailopted by the governing or managing Body of sucli Charity, or of any Donation or Bequest in aid of any Fund so set apart or appro- priated for any such Object or Purpose as aforesaid, shall be subject to the Jurisdiction or Control of the said Board or the Powers or Provisions of this Act ; and nothing in this Act shall subject the Funds or Property of any Missionary or other similar Society, or the Missionaries, Teachers, or Officers of such Society, or of any Branch thereof, which Funds or Property shall not be within the Limits of England or Wales, to the Jurisdiction of the said Boaid : Provided always, that the said Exemption sliall not extend to any Cathedral, Collegiate, Chapter, or other Schools. LXIV. Provided also, That if any Question or I)is])ute shall arise Disputes among the Members of any Charity exempted from the Oix'ration of 'jl™J^"^p,.^ (,f this Act ' in relation to any Office, or the Fitness or Discpialification exempted of any Trustee or Officer, or his Election or Removal, or generally „„^,'J,),e^ in relation to the Management of the Charity, it shall be lawful for referred u> <-, • 1 -.1 / ■ 11 Arbitnitiiin Two Thirds of the Members present at any Special Meeting, duly of ("om- ojnvened by Notice for the Purpose in the same Manner in which missKiners. Meetings of such Charity are by the Rules thereof appointed to be held and convened, to refer such Question or Dis])ute to the Arbi- tration of the Commissioners, who shall accept such Referr>nce and act therein as Arbitrators, and their Award shall lie linal. mikI may brr made a Kule of Her Majesty's High Court of Chancery. lAVI III the Construction ..f this Act, except where the Iiiterpretii- tion of Cniitcxt ()r(l Chancellor of drrat Britain and tlu! i>ord Keeper ami CommissionerB of the Creat Seal of drcdt lirihiin for the Time being .... the Expression " Charity " shall mean every endowed Foundation und Institution taking or to take effect ' See Sec. Ui of C. T. A. Act, 185B. 324 APPENDIX II. Extent of Act. in England or Wales, and coming within tlie Meaning, Parvieu, or Interpretation of the Statute of the Forty-third Year of Queen Elieahetli, Chapter Four, or as to which, or the Administration of the Revenues or Property whereof, the Court of Chancery has or may exercise Jurisdiction ; the Expression " Trustee " of any Charity shall mean and include every Person and Corporation seised or possessed of or entitled to any Ileal or Personal Estate, or any Interest therein, in trust for or for the Benefit of such Charity, or all or any of the Objects or Purposes thereof, and every Member of any such Corporation; and the Expression "the Board" shall mean the said Charity Commissioners sitting as a Board under thi» Act; and the Expression " Endowment " shall mean and include all Lands and Real Estate whatsoever, of any Tenure, and any Charge thereon, or Interest therein, and all Stocks, Funds, Monies, Securities, Investments, and Personal Estate whatsoever, which shall for the Time being belong to or be held in trust for any Charity, or for all or any of the Objects or Purposes thereof .... LXVII. This Act Shall not extend to Scotland or Ireland. Short Title. LXVIII. This Act may be cited as " The Charitable Trusts Act, 1853." CHARITABLE TRUSTS AMENDMENT ACT, 1855. (18 & 19 Vict. c. 127.) An Act to amend the Charitable Trusts Act, 1853. [14th Aug-iTst 1855.] 16 & 17 Vict. I. "The Charitable Trusts Act, 1853," herein-after called -the this Act principal Act," and this Act, shall be construed together as One *" ^^6 Act, and any Provisions of the principal Act inconsistent with construed -, • a i. i , , , together ''^^'^ Act are nerebv repealed. Entries in and Extracts from the Books of the Board, how- to be authenti- cated . V. All Orders, Certificates, Schemes, and other Documents issued under the Seal of the Board shall be deemed and taken to be the Originals, and Copies thereof shall be entered in the Books of the Board, and all such Entries may be sufficiently certified l)y the Signature of the Secretary, .... Every Order, Certificate, Scheme, and other Document purporting to bo sealed with Seal of the Board shall be received in Evidence CHARITABl.E TRUSTS AMENDMENT ACT, 1855. 325 without further Proof ; and any Writing purporting to be a Copy extracted from the said Books, and to be certified as aforesaid, shall be received in Evidence in like Manner. VI. The Board, or any Commissioner or Inspector,' such Inspector' The Powers acting under the Authority of the Board, may require written jQiggjoners Accounts and Statements and Answers to Inquiries relating to any and Inspec- Charity, or the Property or Income thereof, to l)e rendered or made inquireinto to them respectively by all or any of the following Persons ; that g^j*^^^"®! is to say. Trustees or Persons acting or concerned in the Administration of the Charity, its Property or Income, or in the Receipt or Payment of any Moneys thereof : Agents of any such Trustees or Persons : Depositaries of any Funds or Monies of the Charity: Persons in the beneficial Receipt of any Funds thereof, or of any Income or Stipend therefrom : Persons having the Possession or Control of any Documents concerning the Charity or any Property thereof: And the Board or the Commissioner or Inspector may re([uire the Persons rendering or making any such Account, Statement, or Answer to verify the same by Oath or otherwise, and may administer such Oath : Provided alwaj-s, that nothing herein contained shall extend to give to the said Board or their Inspectors ' any Power of requiring from any Person liolding or claiming to hold any Property whatsoever adversely to any Charity, or free or discharged from any Charitable Trust or Charge, any Information, or the Pniduction of any Deed or Document whatever, in relation to the Propertj' so held or claimed adversely, or any Charitable Trust or Charge alleged to affect the same. V'll. 'J'he Board, or any Commissioner or Inspector' acting as Power to aforesaid, may require all or any such Trustees and Persons as xr'Jjgtees aforesaid to attend before them res])ectively at such Times and iind others Places as may be reasonably appointed, for (lie I^urpose of being m„i De examincfl in relation to the Charity, and to answer such (Questions examined, as may Ijc jjroposed to tliem, and to produce u])on such Examination any Documents in their Custody or Power relating to the Charity or the Property tliereof, and may examine upon Oath or otherwise all such Persons and all Persons voluntarily attending, and may aclminister such Oath : Provided always, that no Person shall be obliged to travel in obedience to any sucli i'e(|nisi(ion more than Ten .Miles from his Place of Abode. VIII. \\\ He(iuisitions made under I lie foregoing Authorities '''efeiitH or ' . Orders for shall be made resjiectively by Hie Order of the Board, or by tlie pre- I'recept under the Hand of the CommisHioner or Inspector' i>'l,V,'',^g,, making the same. I'ow to be nmdc. ' See Sec. 2 (3) of C. 'I'. Act, 1887. 326 APPENDIX II. Persons not roiiiplyiiifr witli Requi- sitions, &c. to 1)6 deemed jsruilty of a Coiitemptof the ( ^oiirt of Cliancerj-. IX. Any Person refusing or wilfully neglecting to comply with any such Requisition, or with any Order of the Board, made under the Provisions of this Act or the principal Act, or destroying or withholding any Document required to be produced or transmitted by him, shall be taken to be guilty of a Contempt of the High Court of Chancery, and shall be liable to be attached and committed by such Court, on summarj^ Application by the Commissioners to the same Court, or to any Judge thereof, and shall pay such Costs attending such Contempt as the said Court or Judge shall direct ; Provided always, that the Court may at any Time discharge, on such Terms as it may deem just, any Person attached or committed on any such Application, or on any Application made under Section Fourteen of the principal Act. Power to ajjijortion Pai'ochial Charities after Division o Parishe X. Where any Parish or Ecclesiastical -District entitled to the Benefit of a Charity has or shall have been divided into separate Parishes or Ecclesiastical Districts, and no Apportionment of Charities f originally applicable to the Parish or District so divided shall have been made by Parliament or other competent Authority, the Board, in respect of all Charities the gross annual Income w'hei-eof does not for the Time being exceed Thirty Pounds, may apportion the Benefit of the Charity between each new Parish or District, or any Portion thereof taken from the Parish or District originally entitled to the whole Benefit, and the liemainder of such last- mentioned Parish or District, in such Manner and such Proportions as, upon a Consideration of the Purposes of the Charity, the Population of each Parish or District, and other Circumstances, they may think fit, and may also apportion the principal Endowments between such Parishes or Districts, if it be thought fit, and may appoint separate ■ Trustees of any Part of the Endowments. Kvidenee as XI. The Certificate of the Board that according to their to annual Judgment the gross yearlv Income of any Charity does not for the Income of '^ o .' . j j any Charity Time being exceed Thirty Pounds, shall be sufficient Evidence of •^"rsof^^ the Amount of such annual Income for the Purpose of determining the Jurisdiction under the foregoing Provision. The Official Trustees of Charitable Funds may he empowered to call for Transfers to them of Stock, kc. XII. Any Court or Judge having Jurisdiction to order the Transfer of Stock in the Public Funds, or Stock or Shares of any public Company, to the Official Trustees of Charitable Funds, shall have Power also to authorize such Trustees to call for a Transfer of and to transfer such Stock or Shares, and may also order the Payment to the same Trustees of any Principal Monies of any Charity under the same Circumstances in which the Transfer of Stock to them may now be ordered. ^ven^of°^''' XIII. No Order for apportioning the Benefits of any Charity certain shall be made by the Board until after such public Notices shall" the Board, have been given of the Proposal to make the same as the Hoard CHARITABLE TRUSTS AMENDMENT ACT, 1855. 327 may consider expedient for insuring i'ulilieity in each I'arisli or District in which the Cliarity is or ought to be applied, or among all Persons interested therein, nor until after the Expiration of One Month from the Publication of sucli Notice; and every such Notice shall contain (so far as conveniently may be) sufficient Particulars of the proposed Order to show the Objects thereof, and shall prescribe a Time within which any Objections thereto may be stated or transmitted to the JJoard. XIV. All Objections which may be made to any proposed Order I'locoediiigs shall be considered by the Board, who may suspend the making Keceipt of thereof for further Inquiry, or may modify the same, as may be Objections found expedient; and a Copy of every such Order when made shall, tjons^^ in the Case of any local Charity, be deposited for the Space of One Month in some convenient Place within the Parish or One of the Parishes or the District in which the Charity is applicable, and also be open to Inspection at the Office of the Commissioiuu's, and such Publicity shall be given thereto among all Persons interested in the Charity as the Board shall consider expedient; or if the Charity be not local, then a Copy of such Order shall be open to Inspection at the Office of the Commissioners, and Public Notice thereof shall be given in such Manner as to the Board shall seem (it, and in Cases wiiere there is a special Visitor, Notice shall be given to him. XV. The Secretary for the Time being of the Board shall be The Ollicial a Corporation Sole by the Name of " The Official Trustee of Charity "^^^f^^!^ "*' Lands." for taking and holding Charity Lands, and by that Name Lands con- (instead of tlie Name of '"Treasurer of Public Charities") shall have perpetual Succession ; and all Laud, or Estates or Interests in Land, now vested in the "' Treasurer of Public Charities " by that Name slrall become, upon the passing of this Act, and by virtue thereof, vestcjd in like Alanner and upon the^ame Trusts in "The Official Trustee of Charity Lands," and all Provisions of the principal Act which have reference to the Treasurer of Public Charities shall oi»erate as if the Name of the "Official Trustee of Charity Lands" had b<-en used therein instead of the Name of " Treasurer of I'ublii- Charities." XVI. The acting Trustees of every Charity, or the Majority of x'owor to them, provided that such Majority do not consist of less than Tliree acfu^r ' ' J J ,, , Trustees to Persons, shall have at Law and in Equity Power to grant all such pinnt Leases or Tenancies of Land belonging thereto, and vested in the '-"O'lsos. Official Trustee of Charity Lands, as they would have Power to grant in the due Administration of the Charity if the same Land were legally vested in (heiriselves; and all Covenants, Conditions, and Remedies c ^ 1 _ invest in by way of Exchange or Partition, for the Benefit of such Charity, Land. without any Licence in Mortmain. Order of Board for Invest- ments to be carried into effect, and Cost to be raised. Leases, ic. to be valid, iiotwitb- standinsr disablintf Acts. XXXVI. All Orders of the Board for the Investment of Money coming to any Charity or the Trustees thereof on auN^ Sale, Exchange, or Partition shall be carried into effect by the Trustees or Persons administering the Charity; and all ilonies which the Board shall order to be provided out of any Iiicoino ov Property of a Charity for the Payment of the Costs of any such Transaction shall be provided or raised by the Trustees or Administrators of the Charity, and applied accordingly. XXX VIL It shall be lawful for the Board to authorize or order Board may and direct the Official Trustee of Charity Lands and the Oiiicial oilicial Trustees of Charitable Funds respectively to convey Lands, and to Trustees to ■ , , . . convey assign, transfer, and pay over Stocks, Funds, Monies, and Securities, Lands, &c. as the Board shall think expedient. XXX VI II. -Ml Leases, Sales, Exchanges, Partitions, and Tran- sactions authorised by the Boai-d under the jjrincipal Act or this Act shall l)e valid and effectual, notwithstanding the Act of the Thirteenth Year of the Reign of Queen Elizabeth, Chapter Ten, the Acts of the Fourteenth Year of the same Queen, Chapters Eleven and Fourteen, the Acts of the Eighteenth Year of the same Queen, Chapters Si.v and Eleven, the Act of the Thirty-ninth Year of the same Queen, Chapter Five, and the Act of the Twenty-first Year of the Reign of King James the First, Chapter One, or any disabling Act applicable to the Chai-ity the Estates whereof shall be the Subject of any such Transaction. XXXI.\. It Khali be lawful for tlir Hoard to ])i-(!parf, and under their Seal to approve of, any Scheme for the letting oi llii' Property or any Part of the Property of any Charity ; and all ijcases granted i)y aiiy Trustees or J'ersoiis acting in the Management of any Charity, pursuant to or in conformity with such Scliemo, shall be valid. XL. 'I'iie Board may order tiie Bill of Costa or Charges cl.iinicd l>y anv .\ftorney or Solicitor on account of Business conducted or transacted by him on behalf of any Charity, or the 'I'rustees thereof, to be examined and taxed by the Taxing Masters of the Court of Chancery, or by the proper Taxing Officers of any of the Superior Courts at WeHtminufcr, who shall proceed to examine and tax the same Bill accordingly: and if the same shall be reduced upon such Taxation by the Amount of One Sixth Part or more of the Amount thereof, the Costs of the Taxation shall be paiil by such Attorney Uouril may approve Schemes for lelliug Cliari table Property. I'owur to refer Bills of Costs ill Cliurity Matters to Tn.xalioM. 332 APPENDIX II. or Solicitor, but otherwise out of the Funds of the Charity by the Trustees thereof ; and the Board may, after being satisfied as to any Bill that it contains exorbitant Charges, order any such Bill to be so taxed, notwithstanding that the same may have been paid by the Trustees of the Charity at any Period not more than Six Calendar Months previously to such Order; and any Amount taxed off any such paid Bill shall be a Debt due from the Attorney or Solicitor to the Trustees of the Charity, and shall be forthwith paid by him to such Trustees accordingly. Construe- XLI. Section Twenty-seven of "The Charitable Trusts Acts, Sect°'7 of 1853," shall be construed and operate as if the Words "'and the l6&l7Vict. "Trustees of the Charity shall be legally authorized to purchase " and hold such Land " had been omitted therefrom ; and incorporated Trustees of any Charity shall be competent to ptu'chase and hold Lands for the Purposes mentioned in the same Section without Licence in Mortmain. Deeds, &c. relating to Charities may be enrolled at the Office, and Copies to l)e Evidence. XLII. Any Deed, Will, or Document relating to any Charity may be enrolled by the Board in Books to be provided and kept by them for that Purpose at their Office, and a Copy of any such Deed, Will, or Document made from such Books, and certified under the Hand of the Secretary or One of the Commissioners, shall be received as Evidence of the Contents of the same Deed, Will, or Document. Construc- tion of Sects. 55 and 59 of 16 & 17 Vict. C. 137. XLIII. The Fifty-fifth and Fifty-ninth Sections of the principal Act shall be construed and operate as if the Words " The Office of the Board " had been inserted therein in the Place of the Words " the Office in London of the Registrar of County Courts Judgments." XLIV the Trustees or Administrators of every Charity shall, on or before the Twenty-fiffh Day of March One thousand Provision . . . as to the imnual eight hundred and fifty-six, i^repare and make out and transmit Accounts to the Board an Account of the Endowments then belonging to the ^•J/;'''""^*?'^^ Charity, showing in the Case of Realty not in hand the Manner in of( harities. j ' & j which the same is let or occupied, and in the Case of Personalty the existing Investment or Employment thei'eof, and in what Names such Investments are made ; and such Trustees or Administrators shall also on or before the Twenty-fifth Day of March next after the Acquisition of any Endowment not included in the foregoing Account prepare and make ovit, in like Manner, and transmit to the Board, a similar Account of such last-mentioned Endowment, and in case of any Alienation, or Charge, or Transfer of any Real or Personal Estate of the Charity, shall on or before the Twenty-fifth Day of March then next following transmit to the Board an Account of such Alienation, Charge, or Transfer, and such Trustees or Administrators shall also, on or before the Twenty-fifth Dav of MarcJi in everv CHARITABLE TRUSTS AMENDMENT ACT, 1855. 383 Year, or such other Day as may be tixed for that Purpose by the Board, or as may have been already tixed for rendering- the Accounts thereof required by the principal Act, prepare and make out the foUowinsr Accounts in rehition thereto : (that is to say,) (1.) An Account of the gross Income arising from the Endow- ment, or which ought to have arisen therefrom, during the Year ending on the Thirty-first Day of December then last, or on such other Day as may have been appoiiitiMl for this Purpose by tlio Board : (2.) An Account of all Balances in hand at the Commencement of tVie Year, and of all IMonies received during the same Year, on account of the Charity : (3.) An Account for the same Period of all Payments: (4.) An Account of all Monies owing to or from the ('liarity, so far as conveniently may be : which Accounts shall be certified under the Hand of One or more of the said Trustees or Administrators, and shall be audited by the Auditor of the Charity, if any ; and the said Trustees or Adminis- trators shall, within Fourteen Days aft,er the Day appointed for making out such Accounts, deliver or transmit a Copy thereof to the Com- missioners at their Office in Jjondon .... and every such Copj- shall be open to the Inspection of all Persons at all seasonable Hours, subject to such Regulations as to the said Board may seem lit ; and any Person may require a Copy of every sucli Account or of any Part thereof, on paying therefor after the Rate of Twopence for every Seventy-two Words or Figures. Xli\'. The Hoard may from Time to 'i'ime make such Orders as Hoard may they may think fit ii: relation to the Delivery or Transmission of the Orders astir said Accounts, and the Forms of such .'Vccounts, and such Ordi'rs shall l^elivery be execut(!d by all 'J'rustees and Pei-fdus from wlicun th(> .Accounts to Pui)lication which they may r.'1;itc are required. *'' Account Ac. XI>V1. Tlie Sixty-fourtli Section of the principal Act shall apply Aii|)licaiioii as well t.) Meml)er8 of any Charity within the Operation of that Act ",0 ^'^J^yy j'jl^'^ as to Members of any Charity exempted from tiie 0])eration c. 137. thereof. [Acts not to XI^V'll nor shall anything in tlii.s Act extend to any ajiply to of the Cases which by the Sixty-second Section of tho i)rincipal Act cxceiited are excenteil from liie Opiralion thereof. by .Sect. (12 (if ' l(i « IVA ict. c. vm:\ Xl.Vlll. In the Construction of the principal Act and this Act a h to the the wiird "Charity" shall iiiclude every Institution in Eiiglinid or Walen I'J^r,™ •. . .. enilowcd lor Cliaritabh' Purposes, but shall not incbide .•my Chai-ity or 334 APPENDIX II. Act not to extend to Eton or Winchester. Short Title. Institution expressly exempted from the Operation of the Act of 1853, and Words applying- to any Person or Individual shall apply also to a Corporation, whether sole or aggregate. XLIX. Nothing in this Act or in the principal Act contained shall extend to the Colleges of Eton and Wiiiche.' - Application be made to the said Board in Writing under their Hands if they shall of Trustees. be unincorporated, or under their Common Seal if they shall be incorporated, and the Hoard sliall not make any ()rd(!r removing any 'I'rustee on tlie Ground only of his Religious Belief. V. The said Board also shall not exercise the Jurisdiction hereby The lioard vested in them in any Case which, by reason of its Contentious *'''*" P"'' -' •' exercise Character, or of any s])ecial Questions of Law or of Fact which it may .lurisdictiou involve, or for other Reasons, they may consider more tit to be "oytentious adjudicated on by any of the Judicial Courts. Cases. \'I. No (Jrder appointing or reinuving a Trustee, or establishing a Notices to Scheme for the Administration of any Charity, shall be made by the certaiu said Board before the Exjiiration of One Calendar Month after public Orders, and Notice of the Projiosal to make such Order shall have l)een given, as or Siis-^es- they may consider most expedient and effectual for ensuring the ^.|,"'^^^?'°,'"' Publicity thereof, in each Parish or District in which the Charity, if of a local Character, shall be applicable, or among all Persons interested therein ; and no Order removing a Trustee or School Master or Mistress or other Officer of a Charity who shall have any known Place of Residence in Great Britain or Ireland, and who shall not be consenting to be discharged, shall Ije made before the Expiration of One Calendar .Month after Notice of the Proposal to make such Order shall have also iieen delivered to him oi- her, or sent by the Post or otherwise to sucli his or her Place of Rfsidence, and until after sufficient Hearing of the "Matter before the said Board, or some Member thereof, or One of their Inspectors ' ; and every Notice her(;by rerjuircd shall contain (bo far as conveniently niay be) sulticient juirticulars of tlie Objects of the proposed Order, and shall prescribe a reasonable 'i'inir wiiliin which any Objections thereto or SiiggestioTis thereon may be made or transmitted to the Board ; and the said Board shall receive and consider all such Objf^ctions and Snggestions, and may withhold, suspend, or modify their proposed Order, as they shall thereupon, or in the Result of fiirtlii-r I nqiiiry, or otherwise, think exiicdieiit. received. I See Sec. 2 C-i) of 0. T. Act, 18»7. 336 APPENDIX II. Publication of definitive Orders. VII. A Copy of every such Order when made shall, in the Case of any local Charity, be deposited for the Space of One Calendar Month in some convenient Place within the Parish or One of the Parishes or in the District in which the Charity shall be applicable, and shall be open to public Inspection there at all reasonable Hours during the same Period ; and a Copy also of every such Order relating to any Charity, whether local or general, shall be kept, open to public Inspection at all reasonable Hours, at the Office of the Commissioners, during a like Period of One Calendar Month ; and in each Case effectual Publicity shall be given to the making of the Order by such Means as the Board shall consider most expedient for that Purpose. Power to appeal against Orders of Board. VIII. The Attorney General, or any Person authorized by him or by the said Board, in the Case of any Charity, whatever may be the yearly Income of its Endowments, and any Trustee or Person acting in the Administration of or interested in any Charity of which the gross yearly Income to be calculated in manner aforesaid shall exceed Fifty Pounds, or any Two Inhabitants of any Parish or District in which the same shall be specially applicable,' may, within Three Calendar Months next after the definitive Publication of any Order of the said Board ajjpointing or removing a Trustee or Tritstees, or for or relating to the Assurance, Transfer, Paj'ment, or vesting of any Real or Personal Estate, or establishing a Scheme for the Administration of the Charity, present a Petition to the High Court of Chancery in a si;mmary Way, appealing against such Order, and praying such Relief as the Case may require ; and any Schoolmaster or Schoolmistress or other Officer removed by the Order of the Board, without the Concurrence of the Trustees or Persons acting in the Administration of the Charity, or a Majorit\- of them, and without the approval of a Special Visitor, if any, of the Charity may, within Two Calendar Months (next after his or her Removal), ap])eal in like Manner against the Order of Removal; and the Court, upon or before the Hearing of any such Petition of Appeal as aforesaid or at an}- Stage of the Proceedings, may require, if it shall think fit, from the said Board, their Reasons for making the Order appealed against or for any Part of such Order^md may remit the same to the Board for Reconsideration, with or without any Declaration in relation thereto, or may make anj- substitutive or other Order in relation to the Matter of the Appeal, as it shall think jtist ; and the Court may make any Order respecting the Costs, Charges, or Expenses incident to the Appeal, and may also, before hearing or proceeding with the same, rec(uire from any Appellant other than the Attorney General, proper security for such Costs, Charges, and Expenses as may be eventually payable by him ; but no such Petition of Appeal shall be presented by any Person, other I'See Sec. 10 of C. T. Act, 186!i. CHARITABLE TRUSTS ACT, 1860. 337 thaw the Attornej' General, before the Expiration of Twenty-one Days after written Xotice, under the Hand of such Appellant, of his or her Intention to present such Petition, shall have been delivered to the said Board at their Office.^ IX. The Attorney General, if he shall think fit, or any Person Who may be authorized by him or by the said Board, may appear as the jg^j. Respondent upon any such Appeal, and the Court may make any on Appeals. Order respecting the Costs, Charges, and expenses of the .Attorney General or other Defendant. X. The .lurisdiction vested by this Act in the said Board shall Powerstobe be exerciseable with reference to Charities vested in any Corporation to Charities Sole or Aggregate, who, either solely or jointly with any other Person vested in or Persons, shall also be tiie Recipients of the Benefit thereof. tions, Ac. .XI. The Jurisdiction vested by the Charitable Trusts Act, 1853, .Jurisdiction in the .... County Courts, over Charities not possessing a county larger gross yearly Income than Tliirtv Pounds, shall be exerciseable Courts by the said Courts respectivelj^ for the like Purposes and under the like Provisions over Charities of whicli the gross yearly Income for the Time being, to be calculated in manner aforesaid, shall not exceed Fifty Pounds, iji the same Manner as if tlie last-mentioned Ijimit to the Jurisdiction of the said Courts had been fixed by the said former Act. XII. Any CRurt or Judge, or the said Board, having J urisdictiun to authorize the official Trustees of Charitable Funds to call for a Transfer of and to transfer any Annuities, Stock, or Secui'ities, may <-mpower th(,'m also to receive and recover, in trust for the Charity to whicli the same shall belong, all Dividends, Interest, and Income accrued from any such Annuities, Stock, or Securities respectively, and which shall for the Time being be in arrear. ( )ffioial Trustees of (Charitable Funds may be empowered to receive Arrears of Dividends. XIII. Wlierc any School Master or Mistress or other Officer, or any Recipient of the Benefit of a Charity, being in possession liy virtue of his or her Office, or as such Recipient of any House, IJuildings, Land, or Property of the Charity, shall have been removed frf>m or shall cease to hold such his or her Office, or his or her Place as such Recipient, l)ut he or she, or any Person claiming under him or her, shall refuse or nientH r)f Charities. ' And see Sec. 11 of C. T. Aci, 1800. 22 338 APPENDIX II. shall be sitiiate, in Petty Sessions assembled, and they are hereby required, on the Complaint of the said Trustees or Administrators, and on the Prodnction of an Order of the said Board certifying such School Master or Mistress or other Officer or Eecipient to have been duly removed from or to have ceased to hold his or her Office or Place (which Order under the Seal of the said Commissioners shall be conclusive Evidence of the Facts thereby certified, and of the Jurisdiction of the said Commissioners to make such Order for all the Purposes of this Enactment, and shall afford a complete Indemnity to all Persons acting there- under,) to issue a Warrant under the Hands and Seals of such Justices to any Constables or Peace Officers of the same District, Division, or Place, commanding them, within a period to be thereby appointed, not being less than Ten or more than Twenty-one clear Days thereafter, to enter into the Premises, and deliver Possession thereof to the said Trustees or Administrators, or their Nominee or Agent, and to remove therefrom such former School Master or Mistress, or other Officer or Recipient, and all Persons claiming in his or her Right, as fully and effectually, and subject to the same Provisions, as nearly as the case will permit, as Justices of the Peace are empowered to give Possession of any Properties to the Landlord or his Agent upon the Deter- nation of the Tenancy thereof, under an Act passed in the First and Second Years of the Reign of Her Majesty, Chapter Seventy- four, for facilitating the Recovery of Possession of Tenements after the Determination of the Tenancy. • Masters and ^jy Eypj-v School Master and Mistress appointed after the Mistresses ' ' - , , „ , . i r\ai ti. of Endowed Date of this Act shall be removable from his or her Office, atter tobe"^" reasonable Notice by the Trustees or Persons acting in the removable. Administration of the Charity, as they shall think expedient in the Interests thereof, so nevertheless that the Removal by virtue only of this Provision of a Master or Mistress who would be otherwise irremovable from his or lier Office shall be determined on by all or a Majority of such Trustees or Administrators assembled at a Meeting convened by due Notice, delivered or sent by the Post to all such Trustees or Administrators who shall have any known Place of Residence in Great Britain or Ireland, by the Space of not less than Twenty-eight Days previously, for the special Purpose of considering and determining on the Question of such Removal, and of which intended Meeting a Notice shall also be delivered or sent in like Manner to the Master or Mistress by the same previous Space, and so also that the Resolution of the Meeting for the Removal of any such last-mentioned Master or Mistress shall be forthwith certified under the Hands of the Trustees or Persons acting as aforesaid who shall have concurred therein, or under the Hand of the Chairman of the Meeting, and shall within Seven Days next thereafter be transmitted to the, said Board for their Approval, and the same shall not take effee CHARITABLE TRUSTS ACT, 1860. 339 unless or until the same shall have been approved by tlie said Board, who may also, if they so think fit, fix the time or any reasonable Conditions at or under which the same shall come into operation ; if also there shall be any Special Visitor of the Charity who shall be Resident in Gh-ent Britain or [relaiid, and free from Incapacity, no Removal of any such last-mentioned Master or Mistress shall be made under the Authority onlj' of the preceding- Provision without the \\Titten Consent of such Visitor : Provided always, that this Section shall not apply to any Endowed (xraminar School. XV. The Power vested in the said Board by the Twenty-iirst Sect. 21 of Section of ''The Charital)le Trusts Act, 1853," of authorising,' the l^yj'^^''^^- Application of Monies belonging to any Charity, or to be raised extended. on the Security of the Properties thereof, to the Improvement of such Properties, shall extend to authorize the ApplicatioTi of any like Monies to any other Purpose or Object which the Board sliaJl consider to be beneficial to the Charity or tlie Estate or Objects thereof, and which shall not be inconsistent witli tlie 'I'rusts or or Intentions of the Foundation. XVII. No Official Trustee of Charitable Funds .... shall Official 1 i_ i_i -ii , 1 ,. r Trustee not l)e chargeable witli or accountable tor any Loss or Misa])plication to be of the said Charitable Funds, or tlit; Dividends, Interest, or Income ^'-■'^''""'''ihle ' ' tor 1j0.s.s thereof, unless the same shall have been occasioned bv or through unless his ow,. wilful Neglect or Default. " ' ^'^X'Tu Neglect. XV'llI. The Official Trustees of Charitable Funds shall lay before i\^cconnts Parliament annually, on or before the Fourteenth day of Febnianj to be laid or as soon as practicable after Parliament shall be sitting, an Account Parliament. i.f the total Amount of the Capital Stock, Shares, and Securities transferred to them in the Year ending the Thirty-first day of December preceding, and of the total Anu)unt of Monies, otlier tiiaii Dividends or Interest, i)aid to them ())• to their Account (hiring ilie same Period, anfl of the Iiivestmcuit th(>reof, and of the Capital Stock, Shares, and Securities sohl or re-transferred by them during the same Period, and of the aggregate amount of tiie (.'apital Stock, Shares, Funds, and Securities, and the Balance of Cash, held liy them on such preceding Tiiirty-tirst Day of Uecember. XIX. The Board may rerpiire any Person having the Custody or power to Control of anv Dee. Commission CHARITABLE TRUSTS ACT, 1869. (32 & 33 YicT. c. llO.j An Act for amending the Charitable Trusts Acts. [lltli August 18G9.]- *j » « * Prelimiiiari/. 1. Tliis Act may be cited as "The Charitable Trusts Act, 1869." Short title. t!. Tliis Act sliall not extend to Scotland or lielaud. Kxteutof Act. ti. This Act, so far as is consistent with the tenor thereof, Act to he shall be Cfmstrued as one with the Charitable Trusts Act, 18.53, the ^yj"f, jJJ'ii I7 Cliaritnble Trusts Amendment Act, 185.5, and tlie Ch.aritablc Trusts Vict. c. i:<7. Act, 1800. ;ind the .... Cliarilable Trusts Act, 1861! .... c.iai,2;K'ic:ii Vict. c. i;«>. 4. A notice under section three of tlie CliaritabU' 'i'riists Amend- Act, 186(), n<-rrd not be sent by the Hoard of Charity CommiHsioners ^^I'^Kj'lf for Enghiiid aiid Wales to any trustee or administrator of a charity s^kHWci. who has been party or privy tf) the application to the Boaid iijion which they exercise their jurisdiction. o. 136. 6. An a])iilication to the Board of Charity Coinmissionera for Mode of England and Wales, for tlie piirposes of the Charitable Trusts ",',''|\',»'ni'."' Acts, 1853 to 1869, when made by the trustees or persons acting in the administration of the charity, may be made in writing signed H42 APPENDIX II. Powers of Board on application. by any person autliorized in tliat behalf by a resolution passed by a majority of those trustees or persons who are present at a meeting of their bofly duly constituted and vote on the question. 0. The Board shall be deemed to have and to have always had power in any order made upon an application to them, for the exercise of their jurisdiction under the Charitable Trusts Acts, 1853 to 1869, to insert in the order any incidental provisions which they think expedient for carrying into effect the substantial objects of the application, and which they would have had power to insert if such provisions had been included in the application. Notice of 7. Nothing in the Charitable Trusts Acts, 1853 to 1869, shall be 2![&^2ivict. tleemed to require or to have recpiired the Board, upon modifying c. 136, s. (5. a proposed order in manner provided by section six of the Charitable Trusts Act, 1860, after the publication thereof, to give public notice of such modified order in the manner provided by that section with respect to the order originally proposed, unless they tliink further notice desirable. Discharge of order of Board for irregu- larity. S. The Board shall be deemed to have and to have always had power with or without any application to discharge, within twelve months after an order is made by them, the whole or any part of any order appearing to have been made by them by mistake or on misrepresentation, or otherwise than in conformity with the Charitable Trusts Acts, 1853 to 1869. Every order made by the Board, in exercising their jurisdiction under the Charitable Trusts Acts, 1853 to 1869, shall, until discharged or varied by the Board or by the Court of Chancery on appeal under section eight of the Charitable Trusts Act, 1860, have effect according to its tenor. Every order of the Board shall, subject to all powers which the Court of Chancery has to discharge or vary it, under section eight of the Charitable Trusts Act, 1860, and subject to the power of the Board to discharge it wholly or partially for the causes mentioned in this section, be deemed to have been duly and formally made, and no objection thereto on the ground only of irregularity or informality shall be entertained. Employ- J). Tlie Board, if they think it desirable, where the gross T)«-^ons to annual income of a charity is in their opinion sufficient to bear prepare and the expense, may, upon the application of the trustees or of any scheme. other person or persons entitled to apply to them in that behalf, employ or may authox-ize the trustees or persons acting in the administration of such charity to employ skilled and competent persons to prepare any scheme, order, statement, or other proceeding for the purposes of the Charitable Trusts Acts, 1853 to 1869, with respect to such charity, or to make or assist in any survey or local inquiry with reference thereto, and may order the costs incurred CHARITABLE TRUSTS ACT, 1869 343 under this section or upon any inquiry by an inspector,' or in con- sequence of the employment of any person to appear on behalf of the respondent upon any appeal against any scheme or order, to be provided in the same manner as if they were costs of a transaction mentioned in section tliirty-six of the Charitable Trusts Act, 1855. 10. A petition to the Court of Chancery under section eight of the Appeal.s uiitler Charitable Trusts Act, 1860, maj' be presented in the case of all 2:j&2tVict. charities by the same persons only as in the case of a charity tlie "^'^ ^^^^^ gross annual income of which does not exceed fifty pounds. 11. A petition shall not be presented to the Court of Chancery by Service of any person under section eight of the Charitable Trusts Act, 1860, Q"°Jj"f,-^i before the expiration of twenty-one days after written notice under appellant the hand of the appellant of his intention to present such petition "^^t^^ of has been served on the Attorney General by delivering the same to 2:5 & 24 Vict. ..,.-■' a_. ■ T 1 i.- ^ c. 136, s. 8. the solicitor who acts tor hi in in ex officio proceedings relating to charities. 12. Where the trustees or persons acting in the administration of Leffalpower 1 • 11 i-i- of maiority any charity have power to determine on any sale, exchange, partition, ,,1" trustees morteage, lease, or other disposition of any property of the charitv; to deal with or-'' r . i i . _ cliantv a majority of those trustees or persons who are present at a meeting estateV. of their body duly constituted and vote on the question shall have and be deemed to have always had full power to execute and flo all such assurances, acts, and things as may be requisite for carrying any such sale, exchange, partition, mortgage, lease, or disposition into effect, and all such assurances, acts, and things shall have the same effect as if they were respectively executed and done by all siu'h trustees or persons for tlie time being and by the official trustee of cliarity lands. 13. The majority of the trustees of any charity, if authorised by i.cu'hI pi-o- the Board, may institute and maintain any action, suit, petition, or j,?,^'gt"e^'*f,'f^ other proceeding in the same nianncr in all respects as if they were clmritieBfor 1 ^ , ,. ., 1-4. protection the sole trustees ot the charity. of charity Where the trustees, or the majoritj' of the trustees, of any charity, property. institute and maintain any action, suit, petition, or other proceeding under the authority of the Board, such action, suit, ])etition, or other proceeding shall not abate or become discontinued or of no effect by reason of the death or removal from office of any of the trustees, or of the addition of any new trustee, but shall continue and have effect for and against the trustees for the time being of 4he charity, in the same manner as if they were actually named therein. 14. Either the trustees or the persons acting in tiie administration .\pi)litHtiuii of any charity exempted from the operation of the Charitable Trusts e'xo,„j,ie"ers- same powers as an inspector under the Charitable Trusts Acts, 1853 to 1869, and the sections of the Charitable Trusts Acts, 1853 to 1869, specified in the First Schedule to this Act, shall liave effect as if "assistant couiniissioner " or ''assistant commis- sioners" were therein substituted for "inspector" or "inspectors," as the case may be ... . 4.-(l.) From and after the date fixed by a regulation under Amcnd- this section, such officers of the Board as the Board with the J",|i,.it',ii,ie approval of the Treasury from time to time appoint shall, .... Trusts Acts , , ^ . , \. , . , , 1. 1 as ti) ofticial be the official trustees of charitable tunas ; . . . . trustee.-^ of charitable (2.) From and after the said date, notwithstandinu- anything funds. in the Charitable Trusts Acts, 1853 to 1869, the Treasury may, by regulations' to be made or approved by tluMu. from time to time p^•e^icribe (a.) tiie a'ccounts to he kept by the said official trustees and the mode in whicli and the persons by whom such accounts and the banking accounts, and any other accounts required by the Charitable Trusts Acts, 1853 to 1869, to be kept by or on behalf of the official trustees of charitable funds, are to be kept ; {!).) The mode in which orders autliorised l)y law for the payment of any money to or by the said official trustees or held upon their banking account, or for the transfer of any stock or securities to or i)y the said official trustees, are to be signed, authenticated, and carried into effect ; and (c.) the mode in which the business of the said official trustees generally is to be conducted; Pn)vide .J recovery of property, the gross annual income of which does not, in the belonKingto opi^^ion of the Board, exceed twenty pounds a year, and which charities. appears to the Board to belong to a charity, the Board may itself, with the sanction of the Attorney General, institute such proceeding on behalf of the charity ; and the expenses of the Board of and incidental to such action, petition, or proceeding shall be paid in like manner as if they were costs of the Attorney General in a charity matter. Mode of procedure by Board. -I. — (1.) When the Board is authorised to make any application to or appear in any court, or to institute any action, petition, or other proceeding, such application or appearance may be made, and such action, petition, or proceeding may be instituted, in the name of the Charity Commissioners for England and Wales, and not in the names of the persons who are the Commissioners. CHARITABLE TRUSTS (RECOVERY) ACT, 1891. 347 (2.) Any action, petition, application, appearance, or other })roceediug instituted or made by the Board shall not abate or become defective bj' reason of any change in the persons who are the Commissioners, but the Commissioners for the time being shall be deemed to be parties thereto. (3) For the purposes of any such action, petition, application, appearance, or other proceeding, any document may be served on the Board by being addressed to the Board and delivered at or sent by post to the office of the Board, or by being served on the Secretary to the Board. (4.) Any application by the Board to the Court in pursnauce of this Act may be made in nuiiiner for the time being directed by rules of court. 5. For the purposes of any action, petition, or proceeding Special instituted by the Board under this Act the following provisions Ij^ji [o" sJiall have effect:— Bo&rA. (1.) The printed reports of the Charity Commissioners appointed Old reports under an Act passed in the fifty-eighth year of the reign of ('4mm[s^^ His Maiestv George the Third, and intituled "An Act for sioners to be . ... gvIcIgiicg, "appointing Commissioners to inquire concerning charities oSGeo. .$! " in England for the education of the poor," and under other c. 91. Acts for inquiring into charities, shall be admissible as prima facie evidence of the documents and facts therein stated; provided that either party intending to use any such report as evidence shall give notice of such intention in the prescribed manner to the other party : (2.) Where any yearly or other periodical payment has been ruyinem made in respect of any land, to or for the benefit of any yertrrto^)e charity or cliaritable purpose, for twelve consecutive years, pre- such payment shall be deemed, subject to any evidence evidence, whicii may be given to the contrary, primil facie evidence of the perpetual liability of sucli luiul to such yearly or other periodica] payment, and no [n-uof of the origin of such payment shall be necessary. 0. Rules for practice and procedure under this Act, incUnling Rules. fees and costs, whether in the Supreme Court of Judicature or in the county court, may from time to time be made by the authority and in the manner by and in whicli rules may be mad(! for regulating the practice and procedure in such Supreme Court or county court, as the case may he.' 7. I his Alt shall not extend to Scotland or Ireland. K.xtent of Act. {' ) M-i: K. >. i . ((.'. T. Recovery;, i.v.i 848 APPENDIX II. ENDOWED SCHOOLS ACTS. Preliminary JSTote. — Eeferences to the " Gomm-issioners" or '■'■Endowed 8cJiooh Commissioners'' or " Charity Commissioners,'' and their Assistants, and to the " Committee of Council on Education " or '' Education Department" must be read as references to the Board of Education (see Board of Education Act, 1899, and Orders in Council thereunder) . Power to Trustees of Endowed Schools to make Orders for the Ad- mission of Children of Denomina- tions herein stated. ENDOWED SCHOOLS ACT, 1860. (23 & 24 Vict. c. 11.) An Act to amend the Law relating to Endowed Schools. [31st March I860.] Whereas it i.s expedient that some Restrictions upon the Government and Teaching of certain Endowed Schools shoukl bo removed or modified : Be it enacted .... as follows : I. It shall be lawful for the Trustees or Governors of every Endowed School from Time to Time to make, and they shall be bound to make, such Orders as, whilst they shall not interfere with the religious Teaching of the other Scholars as now fi.xed by Statute or other legal Requirement, and shall not authorize any religious Teaching other than that previously afforded in the School, shall nevertheless provide for admitting to the Benefits of the School the Children of Parents not in communion with the Church, Sect, or Denomination according to the Doctrines or Formularies of which religious Instruction is to be afforded under the Endowment of the said School : Provided that in the Will or Wills, Deed or Deeds, or other Instrument or Instruments regulating such Endowment, nothing be contained expressly requiring the Children educated under such Endowment to learn or to be instructed according to the Doctrines or Formularies of such Church, Sect, or Denomination. II. This Act shall not apply to any of the Institutions mentioned in Section Twenty-four of the Act of the Third and Fourth of Victoria, Chapter Seventy-seven, entitled An Act for improving the Condition and extending the Benefits of Orainmar ScJwols, nor to any School established or to. be established by or in union with or to be in union with the National Society for promoting the Education of the Poor in the Principles of the Established Church, nor to any Institution maintained wholly by voluntary Subscriptions, or partly by voluntary Subscriptions and partly by School Payments, nor to Scotland or Ireland. Short Title. HI- This Act may be cited as '' The Endowed Schools Act, 1860." Act not to apply to certain Institutions or to Scotland or Ireland. ENDOWED SCHOOLS ACT, 1868. 349 ENDOWED SCHOOLS ACT, 1868. (31 & 32 Vict. c. 32.) An Act for annexiiifif Conditions to tln^ Ap])ointment of Persons to Offices in certain Schools. [25th June 18G8.] Whereas the Commissioners appointed to incjuire into the Education given in Schools not comprised within the Scope of certain Letters Patent of Her Majesty, bearing Date respectively the Thirtieth Day of June One thousand eight hundred and tifty-eight and the Eighteenth Day of July One thousand eight hundred and sixty-one, made their Report dated the Second Day of December One thousand eight hundred and sixty-seven: And whereas by such Report it appears that Legislation will be necessary with a view to carry into effect the Recommendations therein contained with respect to such of the aforesaid Schools as are endowed : And whereas it is e.\pedicnt that no ImixMliment shoidd be created to the free Action of the Legislature in carrying into eifect such Recommendations by the Acquisition of vested Interests by Persons appointed to Offices or other Emoluments after the passing of this Act : Be it enacted .... as follows : 1. This Act may be cited for all I'urposes as •' Tlie Kiidowed Sln.ii Title. Schools Act, 1868." 2. Every Person appointed after the passing of thi.s .Vet to any '''^''*|."J^, , Office or Emolument in or in the Gift of the Governing Body of ',ft,erj)ass- any of the said Schools shall take and hold such Office or Kmolnnient |];^g j^^^g" Huljject to such Provisions and RegnlatioTis as may liereafter bo sni)ject ti> enacted resfux-ling ttie same. l,e"-islation. .*{. For tlic Purposes of this Act the Term "Governing Body" DeHnition shall include Patrons, Trnstees, Governors, or other Persons in whom 'j',,^, il'.dy." is vested the; Right of ajipointing new Masters in the said Schools on Vacancies o(;curring, and of holding and managing the Property (if tlie said Schools, or eithei- of such Rights. 4. "Office or Emolument" shall iMchidc any Mastersln'p, also Ddiniiion any Office to which the Duty of leaching Grammar is attached, 'i!;',,,,!/".'^'^"'^ also any Employment in or about the Estates or I'roperly of the incnt." Governing Body, also any Pension or Compensation Allowance. .">. Tliis .\ct shall not affect the T<'imiic of any Scholarsliip, NottdalVcct Kxhibition, or other like Kmolumcnt, or any Pension or (Compensation ,i,','ylscholiir- Allowance to which anv Person is entith^d by ruason of a certain sliiii, itc. " lis ll(^I*('ltl Number of Years Service, and the Amount of which is not in the npe,.j()eii. Discretion of the Governing Body. 6. I. Sec KikI. Sch. (Vested rnlcreBts) Contiuimncc Ac-l, ls7f).] niiration of 350 APPENDIX II. ENDOWED SCHOOLS ACT, 1869. (32 & 33 Vict. c. 56.) An Act to amend the Law relating to Endowed Schools and other Educational Endowments in England, and otherwise to provide for the Advancement of Education. [2d August 1869.] Whereas the Coininissionex's appointed by Her Majesty under letters patent dated the twenty-eighth day of December one thousand eig'ht hundred and sixty-four, to inquire into the education given in schools not comprised within the scope of certain letters patent of Her Majesty, bearing date respectively the thirtieth day of June one thousand eight hundred and fifty-eight and the eighteenth day of July one thousand eight hundred and sixty-one, have made their report, and thereby recommended various changes in the- government, management, and studies of endowed schools, and in the ap]ilicatiou of educational endowments, with the object of promoting their greater efficiency, and of carrying into effect the main designs of the founders thereof, by putting a liberal education within the reach of children of all classes; and have further recommended other measures for the object of improving education : And whereas such objects cannot be attained without the authority of Parliament : Be it enacted .... as follows : Short title. Application of Act. Peflnition of "eiidow- meiit." Definitiou of "educa- tional endow- ment." ri'elimiiiary. 1. This Act may be cited as " The Endowed Schools Act, 1869." 2. This Act shall not apply to Scotland or Ireland. * * # * 4. In this Act, unless the context otherwise recjuirea, the tern» " endowment " means every description of property, real, personal, and mixed, which is dedicated to such charitable uses as are referred to in this Act, in wliomsoever such property may be vested, and in whosesoever name it may be standing, and whether such ])roperty is in possession or in reversion, or a thing in action 5. In this Act, unless the context otherwise requires, the term " educational endowment " means an endow^meut or any part of an endowment which, or the income whereof, has been made a])plicable or is applied for the purposes of education at school of boys and girls or eitlior of them, or of exhibitions tenable at a school or an university or elsewhere, whetlier the same has been made so- applicable by the original instrument of foundation or by any ENDOWED SCHOOLS ACT, 1869. 351 subsequent Act of Parliament, letters patent, decree, scheme, order, instrument, or other authority, and -whether it has been made applicable or is applied in the shape — of payment to the governing body of any school or any member thereof, or to any teacher or officer of any school, or to any person bound to teach, or to scholars in any school, or their parents, or — of buildings, houses, or school apparatus for any school, or otherwise howsoever. 0. In this Act, unless the context otherise requires, the term Definitum " endowed school "' means a school which is (or if it were not in " endowed abeyance would be) wholly or partly maintained by means of any school." endowment : Provided that a school belonging to any person or body corporate shall not by reason only that exhibitions are attached to such school be deemed to be an endowed school. 7. In this Act, unless the context otherwise requires, — luterpreta- tion of The term "exhibition" means any exhibition, scholarship, or terms. other like emolument ; and the term " exhibitioners " and other terms referring to exhibitions are to be construed accordingly : The term "governing body" means any body corporate, persons or person who have the right of holding, or any j)ower of government of or management over any endowment or, other than as master, over atn^ endowed school, or have any |)()wer, other than as master, of appointing officers, teacliers, exhibitioners or others, either in any endowed school, or with emoluments out of any endowment : The term " Committee of Council on Education " means the Lords of the Committee of llcr Majesty's Privy Council on Education. 8. Nothing in this Act, save as in this Act expressly ])rovided, i^'oti,intr jn shall apply this Act, ' "^ • CXCCl>t MS (1.) To Jinv school mentioned in section thrcr of tiie Public e.\i)resslv ' ' " , [jruviiled, Schools Act, IHfJH, or to the cikIowiiichI llicri'ol: to »i)i)l.v to fcrtuiii (2.) To anv school which, on the first of .laniiarv ojk^ thousand schools . . "■ ■ I I . • • ■' 1 1 11 herein eight liuiidrecl and sixty-mnc, was maintained wholly or , mined. partly out of annual voluntai-y siibsi'ri))tions, ••ind had no endowment except school buildings or teachers residences, or playground or gardens attachcil to such hiiildiiig.s or residences : (3.) i'o iiny scIkjoI which, al the (•oiniiii'iicciiiDnl of this Act, is in receipt of an anniiiil grant (»iit of imy sum of iudiicn • approprititcd by rarlianient to the civil service, intituled " l>'or Pul)iic Education in Great Jiritain," of the governing body opimon.s. of such endowment. 18. In every scheme (except as herein-after mentioned) relating Masters to an endowed school the Commissioners shall provide that a person ,.eqiiirerl to shall not be disqualified for being a master in such school by be in holy ... I • I 1 1 orders. reason only of his not being or not intending to lie m holy orders. 19. A scheme relating to— Schools excepted (1.) any school which is maintained out of the eiulowment of any ^.™|^,j^g7i's to cathedral or collegiate church, or forms part of the foundation relip-ion. of any cathedral or collegiate church ; or (2.) any educational endowment, the scholars educated by which arc, in the opinion of the Commissioners (subject to appeal to Her Majesty in Council as mentioned in this Act) required by the express terms of the original instrument of foundation or of the statutes or regulations made by the founder or uinier his authority, in his lifetime or within fifty years after his death, (wliicli terms have been observed down to the cornniencenient of this Act,) to learn or to l)e instructed according to ilic doctrines or fonnuiarieH of any ])articular church, sect, nr denomination, is excepted from the foregoing jirovisions respecting religious instruction, and attendance at religious worslii]) (other than the provisions for the exemption of day scholars from attending jiraycr or religious wurshi]), or lessons on a religious subject, vtIk^ii sucli exemption has been claimed on their behalf,) and respecting the (lualilication of the governing body and masters (uiihiss the governing body, constituted as it would have been if no Hclieine under this Act liatl been made, assents to such scheme). And a scheme relating to any such scliool or endowment shall not, without the consent of the governing body thereof, maki; any jirovision respecting the religious instruction or attendance at religious 356 APPENDIX II. worship of tlio scholars, (except for securing sach exemption as aforesaid,) or respecting tlie reh'gious opinions of tlie governing body or masters. Transfer of jurisdiction of visitors. 20. In every scheme the commissioners may, if they think fit, provide for the transfer to Her Majesty of all rights and powers reserved to, belonging to, claimed by, or capable of being exercised by any person, persons, or body corporate as visitor of the endowed school or educational endowment to which the scheme relates, except in the case of cathedral schools. They shall also provide that such rights, and powers as aforesaid, if vested in Her Majesty at the commencement of this Act, or if transfei-red to Her Majesty by the scheme, shall be exercised only through and by the Charity Commissioners for England and Wales. Abolition of -1- ^^ every scheme the Commissioners shall provide for the jurisdiction abolition of all jurisdiction of the ordinax'y relating to the licensing of ordmarv . " , i i , j> ..-,.. as to " ot masters m any endowed school, or or any jurisdiction arising licensing from such licensing. masters. ° Tenure of office of teachers. 22. In every scheme the Commissioners shall provide for the dismissal at pleasure of every teacher and officer in the endowed school to which the scheme relates, including the principal teacher, with or without a power of appeal in such cases and under such circumstances as to the Commissioners may seem expedient. Geiiei'al provisions 2.'{. In any scheme the Commissioners may insert all powers and provisions that may be thought expedient for carrying its objects into effect. Apportion- ment of mixed endow- ments. 24. Where part of an endowment is an educational endowment within the meaning of this Act, and part of it is applicable or applied to other charitable uses, the scheme shall be in conformity with the following j'^ovisions (except so far as the governing bodj' of such endowment assent to the scheme departing therefrom) ; that is to say : (1.) The part of the endowment or annual income derived there- from which is applicable to such other charitable uses shall not be diverted by the scheme from such uses ; (2.) The part of the endowment or annual income so applicable to such other charitable uses shall be deemed to be the proportion which, in the opinion of the Commissioners, subject to appeal to Her Majesty in Council, is the average proportion which has dviring the three years before the passing of this Act been ap2:)ropriated as regards capital or applied as regards income to such uses, or (if that proportion, differs from the proportion which ought in accordance ENDOWED SCHOOLS ACTS, 1869. 357 with the express flii-ections of the instrument of foundation or the statutes or regulations during the said three years governing such endowment to have been so ajjpropriated or applied) which ouglit to have been so appropriated or applied ; (3.) If the proportion applicable to other charitable uses exceeds one half of the whole of the endowment, the governing body of such endowment existing at the date of the scheme shall, so far as regards its non-educational purposes, i-emain unaltered by the scheme ; (4.) Where the governing body remains so unaltered, that body shall pay or apply for educational purposes such proportion as under the former provisions of this section is applicable to those purposes, or such less sum as may be fixed by the Commissioners, subject to appeal to Her Majesty in Council ; (5.) Where during the said three years any portion of the endowment as existing at the commencement of such three years, or the annual income of such portion, has been accumulated and not applied to any purpose, the Charity Commissioners for England and Wales shall determine whether such portion or income is to be considered, for the ])nri)0ses of this section, as having been ap])ropriated or applied for educational purposes, or for other charitable uses ; (6.) Where by reason of the Act of Parliament, letters patent, decree, scheme, order, or other instrument during the said three years governing an endowment not having during the said three years been duly carried into effect, or being merely provisional, the pi-eceding provisions of this section are not in the opinion of the Charity Commissioners for England and Wales applicable to such endowment, the Charity Cf)mmissiouers shall determine what proportions shall be considered as applicable to educational purposes, and such other charitable uses respectively. Subject to the foregoing provisions of this section, tiie Commissioners wliall have power l)y any scheme to deal with such endowment, and with the governing body thereof, in the same manner in all respects as if the whole of it were ;in educational endowment. 25. Where an endov/ment or part of an endowment originally XewemUiw- given to charitable uses less than fifty years before the commeircement '^.f^^"^l^^' of this Act has, by reason of having been spent on school building.s imilclin«n. or teachers residences, or playgrourifl or gardens attached to such l>uildings or residences, become so mixed with an old endowment isivan more than fifty years before the paMsing of this Act, that in the opinion of the Commissioners (subject to appeal to Her Majesty ill Conncil) it cannot, conveniently hv separated from such old 358 APPENDIX II. Apjmi-tioii- ment of old and new endow- ments. 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. 2(>. Where part of an endowment has been original!}' given to charitable uses more than fifty years, and another part less than fifty years before the commencement of this Act, and the two have not become mixed, as mentioned in this Act, so that they cannot conveniently be separated, and the governing body do not assent to the scheme dealing with the modern part of the endowment, the scheme relating to the old part of the endowment shall, subject to appeal to Her Majesty in Council, apportion such parts, and may direct either that the endowment shall be divided and appropriated accordingly in manner provided in the scheme, or that the whole endowment shall be vested in the governing body of one of such parts ; and that the portion which is to be applied by the governing body of the other part shall be a debt due to them from the other governing body, and shall be a first charge on the endowment after payment of any charges existing thereon at the date of the scheme. 27. Where au educational endowment at the commencement of this Act forms or has formed part of the endowment of any cathedral or collegiate church, the Commissioners shall inquire into the adequacy of such educational endowment, and may submit to the Ecclesiastical Commissioners for England proposals for meeting out of the common fund of the Ecclesiastical Commissioners the claims of any school receiving assistance out of the endowment of any such church to have an increased provision made for it in respect of any estates of such church which may have been transferred to the Ecclesiastical Commissioners. And the Ecclesiastical Commissioners on assenting to any such proposal or any modification of it may make such provision out of their common fund by such means and in such manner as they think best, and a scheme under this Act may with their consent be made for carrying such proposal into effect. 2S. In any scheme the Commissioners may provide for the alteration of alteration from time to time of such portions of the scheme as thev scuemes. . . ^ think expedient by the Charity Commissioners for England and Wales in the exercise of their ordinary jurisdiction, provided such alteration shall not be contrary to anything contained in this Act. Claims of cathedral schools against Ecclesiasti- cal Commis- sioners. As to Apprentice- ship fees, &c. 29. For the purposes of this Act endowments attached to any school for the payment of apprenticeship fees or for the advancement in life or for the maintenance or clothing or otherwise for the benefit of children educated at such school shall be deemed to be educational endowments. Provided that nothing shall be constxnied to prevent a scheme relating to any such endowment from providing, if the governing body so desire, for the continued application of such endowment to the same purposes. ENDOWED SCHOOLS ACTS, 1869. 359 30. In the case of any endowment which is not an educational Application endowment as defined in thi-s Act, bitt tlio income of whicli is ^"^ ^'^n*'.*'^""" applicable wholly or partiallv to iuiv one or more of the following education«I / ■ ■ charities, purposes ; namely, — Doles in money or kind ; Marriage ptortions ; Redemption of prisoners and captives ; Relief of poor prisoners for tlebt ; Loans ; Apprenticeship fees ; Advancement in life, or Any purposes which have failed altogether or have becotiie insignificant in comparison with the magnitude of the endowment, if originally given to chaintable uses in or before the \-ear of our Lord one thousand eight hundred ; it shall be lawful for the Conunissioners, wirli tlie consent of the governing body, to declare, by a scheme under this Act, that it is desirable to apply for the advancement of education the whole or any part of such endowment, and thereupon the same shall for the purposes of this Act be deemed to be an educational endowment and may be dealt with by the same scheme accordingly : Provided that — {!.) In any scheme relating to such endowment due regard shall be had to the educational interests of persons of the same class in life or resident within the same particular area as that of the persons who at the commencement of this Act are benefited thereby : (2.) No open space at the commencement of this Act enjoyed or frequented by tlie public shall be enclosed in any other manner than it miglit have been if this Act had not [lassed. Appoint nicDt of Comiui.s- „ , r I ■ o I sioners,! Procedure for making achemeif. AHHiHtnnt (/'ouiniie- j>i # « « # sioiierH, ,tc., for purposes of this Act. 3*2. Tlie ConimissioMers, after such examination or public in((uiry picpuraiion as they think necessary, may i)repare drafts of Hchemoa for llu; ||'^,']j"|"^J purposes of this Act, subject to the following conditions ; namely, (1.^ Where the gross average annual income of tin (>ndowmont or of the aggregate educational endowments of an endowed ' For transfer of their powers to Charity Coinmrtt. -cc .mi. 1 of Knd. Sch. Act, 1874. 8tiO APPENDIX II. As to print- ing and puldication (if (iraft schemes. Objections and sugges- tions respecting scheme and alternative scheme. Power to make inquiry into schemes. school during the three years next before the first of January one thousand eight hundred and sixty-nine, — (a) exceeded ten thousand pounds a year, then before the expiration of twelve months, and where it — (b) exceeded one thousand pounds a year, then before the expiration of six months, after the commencement of this Act, any governing body of any such endowment may, if they give to the Commis- sioners such notice as in this section mentioned, prepare and submit to the Commissioners in writing a scheme relating to such endowment, and the Commissioners shall consider such scheme before they themselves prepare any draft of a scheme relating to the same endowment : and any scheme so prepared by the governing body, and submitted to the Commissioners, shall, if approved by them, be adopted and proceeded with by them in the same manner as if it were a draft scheme originally prepared by themselves : (2.) The notice to be given by a governing body to the Commis- sioners is a notice of their intention to prepare and siibniit to the Commissioners a draft of a scheme, which notice shall be in writing, and shall be given to the Commissioners within two months after the commencement of this Act: (3.) 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 or aggregate endowments of an endowed school. 83. When the Commissioners have prepared the draft of a scheme they shall cause it to be printed, and printed copies of it to be sent to the governing body or governing bodies of the endowment or endowments to which it relates, and to the principal teacher of any endowed school to which it relates, and shall also cause the draft, or a proper abstract of it, to be published and circulated in such manner as they think sufficient for giving information to all persons interested. ' 34. During three ' months after the first publication of the draft of a scheme the Commissioners shall receive any objections or suggestions made to them in writing respecting such scheme, and shall receive any alternative scheme submitted to them by the governing body of any endowment to which the scheme of the Commissioners relates. 35. At any time after the expiration of the three ' months the Commissioners, or any one of them, if they think fit, may hold an inquiry or they may refer the draft of the scheme and the alternative scheme, if any, to an Assistant Commissioner, and direct him to hold an inquiry concerning the subject matter of such scheme or schemes. 1 See Sec. 12 of End. Sch. Act, 1873. ENDOWED SCHOOLS ACTS, 1869. 361 36. As soon as mav be after the expiration ot the said three As to , . . . . ^, • ■ fratniusr ot mouths, or the holding of such inquiry by the Commissioners or one ^(.hemes. of them, or the receipt by the Commissioners of the report of the Assistant Commissioner, on the inquiry held by him (as the case may be), the Commissioners shall proceed to consider any objections or suggestions made to thorn in writing respecting the draft scheme, and to consider the alternative scheme (if any), and the report (if any), and thereupon they shall, if they think fit, frame a scheme in such form as they think expedient, and submit it for the approval of the Committee of Council on Education": Provided that where a scheme has been prepared and submitted in pursuance of this Act to the Commissioners before the Commissioners have prepared the draft of a scheme, the Commissioners shall,"' if requested by the governing l)ody which submitted it, submit such scheme with their own to the Committee of Council on Educatiou.- 37 If the committee- do not approve a scheme Ai)i)royal ot submitted to them the Commissioners may frame and submit another „f'^,'u',icff scheme in the same manner as if no scheme had been previously on Educn- framed and submitted ; provided that where the Committee of Council schemes, on Education have not approved any scheme relating to an endowment the governing body of which may under this Act prepare and submit a draft of a scheme before the Commissioners prepare a draft of a scheme, siich goveming l)ody may, within three months after notice of such non-approval (if ■ivithin one month thereafter they give written notice of their intention to the Commissioners), submit to the Commissioners an amended scheme; and the Commissioners shall consider the same before they frame and submit another scheme relating to the same endowment, and such amended scheme of the governing body, if approved by the Commissioners, shall be adopted and proceeded witii by them as if it were a scheme originally framed liy thcmselvc^s. liH. Where a scheme abolishes any restriction which makes any cmsent of e.xhibition tenable only at a particular college or hall in Jiiiy J,' i','';"^'^''' "'" university, and the exhibition is jiayable out of property held by such college, or by the university in trust for such college or hall, (otherwise than as governing liody of a si-hool, or as a bare trustee), the scheme shall not bo approved if not loss than two thirds of the governing body of such college or hull dissent therefrom in writing; but in every sncli case the Committee of Council shall make a special report to Parliament setting out the proposed scheme, and stating the dissent, and iln' reasons, if any, assigned for it. " See Sec. 12 of Sch. Kiid. Act, 1h7h. -• As to the effect ofltlie Board of Kiiuciilion bcinj,' now hiibstituted for llie CoiniinMHioncis and for the Committee of Council on Kducalion see (). in C. of 'dUh July, 11)01. ■■' For preliminary steps sec Sec. 13 of Knd. Sch, Act, ls73. 362 APPENDIX II. Appeal to Queen in C'onneil. Proceedings where scheme is remitted. 35). If the governing body of any endowment to which a scheme relates, or any person or body corporate directly affected by such scheme, feels aggrieved by the scheme, on the ground— (1.) Of any decision of the Commissioners in a manner in which an appeal to Her Majesty in Council is given by this Act; or (2.) Of the scheme not saving or making due compensation for his or their vested interest as required by this Act (3.) Of the scheme being one which is not within the scope of or made in conformity with this Act ; or (4.) (If the governing body are the petitioners,) of a scheme not having dtie regard to any educational interests, to which regard is required by this Act to be had, on the abolition or modification of any privileges or educational advantages to which a particular class of persons are entitled ; such governing body, person, or body corporate may within two months after the publication of the scheme when approved petition Her Majesty in Council stating the grounds of the petition, and praying Her Majesty to withhold her approval from the whole or any part of the. scheme Any petition not proceeded with in accordance with the regulations made with respect to petitions presented to the Judicial Committee of the Privy Council shall be deemed to be withdrawn. It shall be lawful for Her Majesty by Order in Council to direct that the scheme petitioned against be laid before Parliament, or to remit it to the Commissioners with such declaration as the nature of the case may require. -to. Where a scheme is remitted with a declaration the Commissioners may either proceed to prepare 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 Coitncil 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, and so on from time to time as often as occasion may require. ( Schemes, &c., to be laid before Parliament. 41. 1 For subsequent steps see Sec. 14 of End Sell. Act, 1873. 2 As to the effect of the Board of Education being now substituted for the Commissioners and for the Committee of Council on Education see O. in C. (No. 600) of 24th .Tuly, 1901. ■ * See See. 15 of End. Sch. Act, 1873, substituted for this section. ENDOWED SCHOOLS ACTS, 1869. 363 12. Where a scheme relates to an endowment which during the K.^ception tliree vears precedinsr the commencement of this Act has had an ^\^° ^ ° schemes average annual gross income of not more than one hundred for endow- ponnds, no petition shall be presented to Her Majesty in Council I^^er 10<»? with reference to sncli scheme, so far as it relates to such an endowment. 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. \'^. If any scheme or any part thereof is uot approved by Her New scheme Majesty, then the Commissioners may thereupon proceed to prepare anprovHl another scheme in the matter, and so on from time to time as often as occasion may require. 44. Schemes may be from time to time framed and approved Ameiul- for amending any scheme approved under this Act, and all the schemes. ])rovisions of this Act relative to an original scheme shall apply also to an amending scheme, mutatis mutandis. 45. A scheme shall not of itself have any operation same, when and as approved by Her Majesty in Council, 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. )Ut the Scheme to take effect. 4<}. Upon a scheme coming into operation, every Act 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 specifietl, 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 HO far as it cannot be so vested shall bo held in trust for the transferees. Effect of scheme. t<. The Order in Council approving a scheme shall be conclusive Kvidouce of ividence that such scheme was within the sco]ie of and made in conformity with this Act, and the validity of snch scheme and order shall not be (|uesfionefl in ;ii]y Ictral |irocecdijigH whatever. 4H ' scheme. Quoriuii of Commis- siouors. t-t Section eleven of tin- Charitable Trusts Act, 1(<53, (which Power of relates to the production of documents by pidilic officers), and „j„nor8 ,tc. ' See Sec. 5 of End. Sch. Act, 1874, substituted for this section. 364 APPENDIX II. as to sections six, seven, eight, and nine of "The Charitable Trust Act, 1855." procuring,' (relating to evidence, and the attendance and examination of eviflence. v & ' IS & 19 Vict, witnesses,) shall extend to the Commissioners and Assistant ss (5-9 Commissioners under this Act, as if they vFere the commissioners and inspectors mentioned in those sections. liiiiuury by public sittings by Commis- sioners, &c. oO. Where any Commissioner or Assistant Commissioner holds a local inquiry 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 tlie 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 direct, of every such sitting (except an adjonrned sitting), fourteen days at least before the holding thereof. Ab to report of Assistant Commis- sioners. Powers of Charity Commis- eioners. School chapels appro- priated for religious worship free from pai-oehial jurisciiction. 51. The Assistant Commissioner who holds a local inquiry shall make a report in writing to the Commissioners setting forth the result of the inquiry, and where 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 ineiuiry, and his opinion thereon. Miacelkmeoics. Oa During the same period the Charity Commissioners shall liave the same power of acting upon application made to them by the Commissioners under this Act 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. 53. The chapel of an endowed school subject to this Act, which either has been before or after the commencement of this Act consecrated according to law, or is authorised 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 1 See Sec. 6 of End. Sch. Act, 1874, substituted for first part of this section. ENDOWED SCBOOLS ACTS, 1869. 365 to the Litoi-gy 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. 54. The majorirj^ of the members of a governing body who are Quorum of present at a meeting of their body duly constituted shall have Goyerning "^ . . body for power to do anything that may be required to be done by a acting governing body for the purposes of this Act : Pi'ovided 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. oo. Every interest, right, privilege, or preference, or increased Persons interest, right, privilege, or preference, which any person maj- acquiring acquire after the passing of this Act in or relative to any endowed after school or educational endowment, or in the governing body Act^to^e thereof, or as member of any such governing body, or in or relative subject to 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, cxcejit with the written consent of the Clom- missioners, or under the directions of sucli a scheme, but this ]»r()vision shall not prevent them from continuing any works begun before the passing of this Act, or from doing anything necessiiry for the repair or maintenance of buildings or residences existing at the passing of this Act. oH. Notices and documents required to be served on or sent to Service of a governing body for the i)urpo8e8 of this Act may be served or sent "ot'ces. by being left at the office, if an^-, of such governing body, or being seiTod on or sent to the chairman, secretary, clerk, oi- other officer of such governing bodj', or if there is no office, chairman, secretary, clerk, or officer, or none known to the Commissioners (after i-eason- iible inquiry), by being served on or sent to the principal teacher of the si-hool (if .-tny) under such governing body. 57. Notices and docujnents required to be served or sent for the Servico li.v purposes of this Act may be served or sent by post, and shall '^"*'^' ite deemed to have been served and received at the time when Die letter containing the same would bo delivered in the ordinaiy course of the post; and in proving such service or sending it shall l)e sufficient to prove that the; letter containing the notices oi' documents was properly addressed and put into tin; post office. 5N. The salaries paifl and (!.xpenses incurred in carrying into KxiiunscH . 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 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. Extension of 32 & 33 Vict. c. 50, s. I'J, as to schools excepted from the provisions as to religion. 7. A scheme relating to any educational endowment originally given to charitable tises since the passing 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 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 of the principal Act in like manner as a scheme mentioned in that section, anil 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. Amend- ment of 32 & 33 Vict, c. 50, s. 25, as to new endowment mixed with old buildings. S Where it appears to the Commissioners (subject to appeal to Her Majesty in Council) that the CTidowment originally given less than fifty years before the commencement of the principal Act is in value not less than the old endowment and was given under the belief that tlie 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 sitch church, sect, or denomination. Explana- 10. A provision inserted in pursuance of section twenty-eight of 3^°&33Vict *^^'^^' principal Act in any scheme, whether made before or after the c. 56, s. 28, passing of this Act, shall not be deemed to give the Charity aiteratiqpof Commissioners .... any jjower to alter any portions of such schemes. scheme except by a scheme established in pursuance of the Acts for the time being in force relating to such Charity Commissioners, or any of those Acts, and upon the same application, and after the same procedure and notices, and subject to the same right of appeal as a scheme established under those Acts by the Charity Commissioners in the exercise of their ordinary jurisdiction. ENDOWED SCHOOLS ACT, 1873. 369. 11. Where a scheme under the principal Act gives the governing Alteration body of any endowed school power to make regulations respectine- ?^ religious , ,. f c^ instruction. the religious instruction given at such school, the scheme shall also provide for any alteration in such regulations not taking effect until the expiration of not less than one year after notice of the making of the alteration is given. 12 " Two months " shall he substituted for " three ment of months" in the said section [Sec. 34 of End. Sch. Act, 18691. and 32&33Vict. . , . . , -" c. 56, ss. 34 all references m the principal Act to the said three months shall to 36, as to be construed to refer to the said two months. H'^® x°' objections to schemes. 13. The Committee of Council on Education ' as soon as a scheme Amend- is submitted to them shall, before ajiiJroving the same, cause the nient of I .1 1111 1-1 1 • 1 ., , . , 32 & 33 Vict, scheme to be publislied ami circulated m such manner as they think c. 56 s. 37 sufficient for giving information to all persons interested, tosj-ether *® *o • 1 • ,• ,,,T. ,„ approval of with a notice stating that during one month after the first Committee publication of such notice the Committee of Council on Education "*^ *-'°™''|' on rjduca- will receive any objections or suggestions made to them in writing tion'to respecting such scheme. schemes. After the expiration of the said month the Committee of Council on Education ' may, if they think fit, ai)prove the scheme or niav remit the scheme, with such declaration as the nature of the case seems to them to require, to the Commissioners ; and section fortv of the principal Act, as to the proceedings where a scheme is remitted with a declaration, shall in sucli case apply. The Committee of Council on Education as soon as they approve a scheme shall forthwith cause the scheme so approved to be l>ublished and circulated in such manner as they think sufficient for giving information to all j)ersons interested, together with a notice stating that unless within two months after the publication of the scheme when ap])roved a petition is presented in ])ursiiance of the principal Act to Her Majesty in Council against the scheme, or such jjetition as in tliis section mentioned is presented to tiie Committee iif Council on Education, such schoine may be a])jn-oved by Her Majesty without being laid before Parliament. During the said two months a jietition iiraying that the scheme may he laid before Parliament may be ])resented to tlie Committee of Council on Edacatioti by the governing body of the endowment to which the scheme relates, j)r by the council of any niuiiicii)iil l)(n-ough directly affected by the scheme, or by any iniiabitaiit rale- payers (not less than twenty) of any municijjal borough or place directly affected by the scheme. 1+ Every .... petition to ller Majesty in Amend- Council in jiinsuance of section thirty-nine of the jirincipal Act .".',*'?' ^'v- shall be referred to the Judicial Cominiti"«. of Her Majesty's Privy cl r>a, a. 30., 'As to the effect of llic Hoard of Kducation bcinK now HubBtitiited for the Committeo of Council on Kcliication and for the CoininiHsioncrH nee <». in ('. of 21lh July, liMil. 24 370 APPENDIX II. as to appeal Council in like manner as if it were an appeal from a court from Councn" "^ which an appeal lies to Her Majesty in Council, and the Judicial Committee shall hear and deal with such petitions in like manner as such appeals, and shall have the same power with respect to the costs of parties to the petition and otherwise as they have with respect to any such appeal, and shall make to Her Majesty a report or i-ecommendation thereon (the nature of which shall be stated in open court) in like manner as in the case of any such appeal Layiug of schemes before Par- liament, and approval of HerMajesty in Council. 15. If, at the expiration of the time for a petition to Her Majesty in Council against any scheme, no such petition has been presented, and no petition praying that the scheme be laid before Parliament has been presented in pursuance of this Act to the Committee of Council on Education, it shall be lawful for Her Majesty by Order in Council to declare her approbation of such scheme without the same being laid before Parliament. If any such petition has been presented, the scheme shall l)e laid before both houses of Parliament, and shall be so laid forthwith, if Parliament is then sitting, after the expiration of the tinu» for the presentation of a petition to Her Majesty in Council, or (if a ])etition is presented to Her Majesty in Council against the scheme) after any later date at which the petition is withdrawn^ or Her Majesty in Council directs the scheme to be laid before^ Parliament, and if Parliament be not then sitting, shall be so laid witliin tliree weeks after the beginning of the next ensuing session of Parliament; and if such scheme has lain before Parliament for not less than two months during the same session, then unless an address has been presented within such two months by one or other of the Houses of Parliament 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. Annual report. 16. The Commissioners shall make to the Committee of Council on Education ' in every year a report of their proceedings under the principal Act and this Act, and such report shall be laid before- Parliament. Such report shall describe all schemes not laid before Parliament which liave been approved by Her Majesty during the- year for which such report is made. Graduate of ^ ^ any univer- lf>- vVhenover according to the rules, regulations, statutes, trust.^, United'^^ or constitution of any school, being an endowed school within the Kingdom, if meaning of "The Endowed Schools Act, 1869," and with regard to- ' See O. in C. of lltli Au<,'ust, for the Committee. 19(12, 8ec. 2 (1) (1)), sub.stituthit;- His Majesty tlis King ENDOWED SCHOOLS ACT, 1874. 371 which the said Commissioners are therebv empowered to make a ^'J^^^^^j?^ •^ . . fit, shall be new scheme, the head master or any other master is required to be held quali- a ^aduate of some specified university or universities, a graduate ^j^^ ^^uites of any university of the United Kingdom liaving the degree which require the would be a qualification if it liad been granted by one of the said to be a siiecified universities, sliall in future, if otherwise qualified, be eligible prartuate of , , ^ , Oxford or as such head master or other master. Cambridge. ENDOWED SCHOOLS ACT, 1874. (37 & 38 Vict. c. 87.) All Ac-t to amend the Endowed Scliools Acts. [7tli Aitg-ust 1874.] « # # * Transfer of Powers. 1 all powers and duties by the Endowed Schools Transfer of Acts vested in or imposed on the Endowed Schools Commissioners Endowed shall be transferretl to and imposed on the Charity Commissioners, Schools 1 11 1 -J ComniKS- and, except as otherwise provided by this Act, shall be exercised siouers to and performed by the Charity Commissioners in like manner and [ij,^j"'|^. form and subject to the same conditions, liabilities, and incidents sioners. respectively as such powers and duties have been exercised and performed by the Endowed Schools Commissioners, or as near thereto as circumstances permit Amendment of Law. \. .\uy power by the Endowed Schools Aci. 1861>, vested in tlie Kxercise of Charity Commissioners, upon application made to them by. the p^.^prs by CommiHsioners under the said Act, mav . . . . l)e exorcised Cliiirity . . ,. 1 • " , • ComiiiiB- bv the Cliarity Conwnissimicrs ot their own motion. Hioner.s. .■». A scheme of the Charity Commissioners made in pursuance yuonim of of the powers of this Act and the Endowed Schools Acts, or any ^/XI"^"" of them, shall not be submitted to tlu; Committee of Council on Education unless it has been approved at a meeting of the Board at which tliere are present not loss than three ConimiHsioners (of whom one shall be the Chief Commissioner, or, in liis abHcnri- from illness or unavoidable cause, such other Charity Commissioner as may for the time being be named by the Committee of Council on Eilncation) ; in all other respects one Charity Commisaioner may net under the Endowed Schools Acts as amended by this Act. 372 APPENDIX II. Migcellaneouif. t'oiitinu- (> 1 (luring the coutinuance of such powers any court powers f>i' judge shall not, with respect to any endowed school or educa- F^^^u^^^r®*^ tional endowment which can be dealt with bv a scheme under this to Charity Commis- Act and the Endowed Schools Acts, or any of such Acts, make sioiieis. jjj^y scheme or appoint any new trustees without the consent of the Committee of Council on Ediication. Deflnitious. Construc- tion and short title. 1). In this Act, so far as is consistent with the context, the expressions follmviug have the meanings hereafter assigned to them ; that is to say, The expression " The Endowed Schools Acts " means the Endowed Schools Acts, 1869 and 1873: The expression "The Endowed Schools Commissioners" means the Commissioners appointed in pursuance of the Endowed Schools Act, 1869 : . . . . 10. This Act, so far as consistent with the tenor thereof, shall be construed as one with the Endowed Schools Acts, as amended by this Act ; and in the construction of the Endowed Schools Acts the expression "the Commissioners" shall, unless there is something in the context inconsistent therewith, .... mean the Charity Commissioners ; . . . . and this Act may be cited separately as "The Endowed Schools Act, 1874." ENDOWED SCHOOLS (VESTED INTERESTS) ACT CONTINUANCE ACT, 1875. (38 & 39 Vict. c. 29.) An Act to continue tlie Endowed Schools Act, 1868. [29tli June 1875.] 31 & 32 Vict. Whereas by the Endowed Schools Act. 1868, certain conditions '^^ ^^- were annexed to the apjiointment of persons to offices in certain schools ; and by section six of the said Act the Act was continued in force until the first day of August one thousand eight hundred and sixty-nine, and the end of the then next session of Parliament : And whereas the said Act has been continued until the thirty-first day of December one thousand eight hundred and seventy-five, and it is expedient that the same should continue in force so long as 1 The first part of the section (repealed) referred to the powers of making schemes under the End. Sch. Acts. WELSH INTERMfJDIATE EDUCATION ACT, 1889. 373 the powers of making- schemes under the Endowed Schools Acts, 1869, 187S, and 1874, continue in force, and those powers were by section six of the Endowed Schools Act, 1874, continued in force 37 & 38 Vict. for a period of five years from the thirty-first day of December one *=• '^''• thousand eif^ht hundred and seventy-four: Be it therefore enacted .... by .... as follows : 1. This Act may be citetl as tho Endowed Schools (Vested Short title. ^ Interests) Act Continuance Act, 1875. 2. The Endowed Schools Act, 1868, shall continue in force so Contiuu- ' long as the powers of makiiif,' schemes under the Endowed Schools 3"|®3°/yj(.t Acts, 1869, 1873, and 1874, continue in force, whether in pursuance c. 32. of the Endowed Schools Act, 1874, or of any Act hereafter to be passed. WELSH INTERMEDIATE EDUCATION ACT, 1889. (52 & 53 Vict. c. 40.) An Act to promote Intermediate Educatiiui in Wales. [12th August 1889.] 1 Preliinivary. This .\ct may be cited for all purposes as tlic Welsh Inter- short title mediate Education Act, 1889, and shall, so far as is consistent with the ajrucUou. tenour thereof, be construed as one with the Endowed Schools Acts, and may be cited together with those Acts as the Endowed Schools Acts, 1869 to 1889. This Act shall come into operation on the first day of November next after the passing thereof, which day is in this Act referred to as the commencement of this Act. 2. The j)urpose of this Act is to make further provision I'or the Purpose of intermediate and technical education of the inhabitants of Wales and the county of Moimiouth. Schemes for Intermediutc Education. :i — (1.) It shall be the duty of the joint education committee SchemcH by us herein-after mentioned of every county in Wales and of the educiition county of Monmouth to submit to the Charity Commissioners a committee, scheme or schemes for the intermediate and technical education of the inhabitants of their county, either alone or in conjunction with the inhabitants of any adjoining county or counties, sjiecifyiug in each scheme the edncatiply to i)roceeding8 of the joint education i/roceedinKs committee of a county council under this Act, but the acts and 'e,lucnti<)ii proceedings of the committee shall not be recjuired to be submitted committee. to the county council for tlieir (ij)})roval. 876 APPENDIX II. Contribu- tions from c-ountv rate. (2.) The comity council shall make proper provision for enabling the committee to transact its business, and the clerk of the county council shall act as the clerk of the joint education committee. Any act of the committee may be signified under the hands of any three members thereof or under the hand of the clerk. (3.) Any of the assistant commissioners of the Charity Com- missioners shall be at liberty to attend any meeting of a joint education committee, and to take part in the proceedings, but shall not have a right to vote. 7. — (1.) Where a county council has recommended that any scholarship should be paid out of the county rate a scheme under this Act may contain provisions to that effect. (2.) Where a county council has recommended that any annual contribution should be made out of the county rate a scheme under this Act may direct the contribution so recommended or any less contribution to be made accordingly, and shall specify the persons to whom the contribution so directed to be made is from time to time to be paid. (3.) The recommendation of a county council in respect of a contribution out of the county rate, and a scheme giving effect to such recommendation, may provide that such contribution shall be either a fixed annual sum, or an annual sum not exceeding a certain amount, such amount to be determined annually in manner specified in the scheme. (4.) The annual contribution to be paid to any scliool out of the county rate in pursuance of any scheme shall not exceed the amount stated in such scheme, but may be reduced by an amending scheme made on the application of the county council or of the eoverning body of such school. Expenses of county council. Fi II (in re. g,_(l.) Where a sciieme under this Act providing for a con- tribution out of a county rate comes into operation, the amount from time to time payable out of the county rate in pursuance of such scheme shall be paid by the county council out of the county fund. (2.) That amount and any expenses otherwise incurred by a county council in pursuance of this Act shall be paid as general expenses of the county council. (3.) The addition made to the county rate in any county for the purpose of defraying contributions for intermediate and technical education under this Act shall not in any year exceed one half- IDenny in the pound, on the aggregate amount of the rateable value of the property in the county, as ascertained for the purpose of the levy of the countj' contribtitions. WELSH INTERMEDIATE EDUCATION ACT, 1889. 377 (4.) Every increase of i-ate levied under this section shall, in all precepts for the levy thereof, be described as a separate item of rate, and when collected from the individual ratepayers shall be specified as a separate item of rate. ().-— (1.) The Commissioners of Her Majesty's Treasury shall (Joutriim- annnallv out of monevs provided by Parliament pav in aid of Vw "" each school aided by the county and subject to a scheme made under this Act such sums as herein-after mentioned. (2.) The sums to be so paid shall depend on the efficiency of the schools aided Ijy the county, as ascertained hy such annual inspection and report as may be required by the regulations from time to time made by the Treasuiy for the purposes of this section, and shall be of such amounts as may be fixed by those regulations, and shall be paid in manner provided by those regulations. (3.) The aggregate amount of the sums paid by the Com- missioners of Her Majesty's Treasury in any year in respect of the schools in any county sliall not exceed the amount payable in that year in pursuance of tliis Act out of the county rate. (4.) Tlie Treasury may from time to time make. and. when made, varj' and revoke, regulations for the purposes of this section. 10. The purposes for which the goveniin;;- body of a school nuiy I'owei- to be authorised in pursuance of this Act to boi-row money shall be i^i'''';'*^ ^ • *' vvorka Loan purposes for which the Public Works Loan Commissioners may lend Commia- to such governing body. * ' fend!"^'" Siipplementiil Pruciaions. 11. TIic powers conferred by this Act on a joint education committee shall not, unless Parliament otherwise directs,' be exercised by the committee after the expiration of three years from the date of the commencement of this Act, [and, during the continuance of the powers of the committee under tiiis Act, all powers which otherwise might have been exercised by the Charity Conunissioners of making, establishing, or sul)mittitig ( imiepeiulently of any scheme submitted by tlie joint education committee) a sciienie for the administration of any educational endowments within the county of such committee, sliall, except with the consent of the Education Department, be suaiienrled, and not be exercised by tliom in relation to siicli endowments-]. Nothing in this Act shal prevent any jiroceedings under the Endowed School Acts in n-lation to any scheme of which a rlraft has been prepared, juililislieii, .-nid circnliited Duration of powers of joint education committee [ami suspension of powers of Charity Cummia- sionera.'^ I ' This is done annually fjy the Exijirinff Laws Continuance Acts. - The. Milislitution of the Board of Kducalion for the f'hnrity t'oinmisMionerH and the Kducatiou Department ha.s had the effect of depriving the words hero printed in r i ,if their meaning. 378 APPENDIX II. bescriptiou of endow- ments Hpplicaljle to purpose of Act. before tlie connuencemeut of tliis Act, in pursuance of sections thirty-two and thirty-three of the Endowed Schools Act, 1869, and such scheme may be proceeded with, submitted for approval, and come into operation as if this Act had not passed. 12. — (1.) An educational endowment within the county of a joint education committee means any educational endowment which is applied in the county or is appropriated for the benefit of the natives or inhabitants of the county, or of some of such natives or inhabitants, or their children, or where the benefits of such endowment are divisible between two counties or between the counties in Wales and the county of Monmouth, or any of them, and any place outside of Wales and the county of Monmouth, then means so much of the endownnient as the Charity Commissioners may determine to be applicable for the benefit of the county of th«^ joint education committee. (2.) Any school or endowment of a school to which section 33 & 34 Vict, seventy-five of the Elementary Education Act, 1870, applies, and c- 75. any endowed school to which section three of the Endowed Schools c. 87. Act, 1873, applies, shall, if the school is in the county of a joint education committee under this Act, be for the purposes of the Endowed Schools Acts and this Act an educational endowment and endowed school within the county of such committee. C^nsll■uc- tioii of Act in relation to endow- ments applicable to ])urposes thereof. 13. For the ))urposes of any scheme under this Act every notice relating to the scheme shall be sent to the joint education committee concerned therein in like manner as if they were a governing body, and such committee shall, during the duration of their powers under this Act, have the same ])ower of applying to the Charity Commissioners with respect to any educational endowment within their county as if they were the governing body of that endowment. Nothing in this Act shall authorise the making of any scheme interfering with — (1.) Any endowment given either by present gift made sub- sequently to the passing of the Endowed Schools Act, 1869. or by the will of a testator wlio died subsequently to the passing of the said Act, unless the founder or governing body of such endowment assents to the scheme. In the case of an endowment or part of an endowment given either by present gift made subsequently to the passing of the Endowed Schools Act, 1869, or by the will of a testator who died subsequently to the passing of the said Act, sections twenty-five and twenty-six of the said Act shall for the purposes of a scheme under this Act, and subject to the provisions of this Act, apply in like manner as if the same and any older endowment or part of an endowment were respectively in the said sections substituted for an WELSH INTERMEDIATE EDUCATION ACT, 1889. 879 endowment or part of an endowment originally given to charitable uses less or more than fifty years before the commencement of the said Act. 14. Nothing in the Endowed Schools Acts which is inconsistent Exemption with any of the provisions of this Act shall apply in the case of any fi-omcertahi scheme under this Act, but subject to this enactment the powers pro\-isions conferred by this Act shall be in addition to, and not in derogation schools of, the powers under tlie said Act. Acts. 15- The Charity Commissioners shall in every year cause to be Rejwrt by laid before both Houses of Parliament a report of the proceedings f.harity nnder this Act during the preceding year. sinners. 16. — (1.) In this Act the expression " county " means an adniinis- Applicatiou trative county as defined in the Local Government Act, 1888. and "f A^ct to •^ ' counties includes a county borough within tlie meaning of that Act ; and and comity the expression " county council " includes the council of a county 51^ &"5f \ri'ct. borough. c. U. (2.) Any sums payable by the council of a county borough in pursuance of this Act sJ)ail be paid out of tlie borough fund or borougli rate. 17. In this Act unless there is something in the context (Jeneral inconsistent therewith- -lefinitions. The expression " intermediate eilucation " means a course of erlucation which does not consist chieHy of elementary instruction in reading, writing, and arithmetic, but which includes instruction ill Latin, Greek, the Welsh and English language and literature, modern languages, mathematics, natural and applied science, or in some of such studies, and generally in the higher branches of knowledge, but notliing in this Act shall prevent the establishment of scholarships in higher or other elementary schools; The expression "lecbnical education" includes instruction in-- (i.) Any of the branches of science and art with respect to wliich gi'ants are for tlie lime being made by the Dei)artment of Science and .\rt ; (ii.) 'J'lie use of tools, and modelling in clay, wood, or otlier material ; (iii.) Commercial aritlmietic, commercial geography, book-keeping and shorthand ; (iv.) Any other subject ajiplicable to the piirjioses of agriculture, industries, trade, or commercial life and j)raclice, which may be specified in a scheme, or proposals for a .scheme, of a joint education committee as a form of instrnction suited to the needs of the district ; but it shall not include teaching thi' jiractice of any ira(;. 21 A 22 V'ict. c. 97. - The I'liblic Iffidth Act , in seel ion seven the words "I he 18r)K. " Vice-President of tho Coin- " niiltee of tlio said l*rivy I I " Council on Education bciiiK " one ipf I hem." 384 APPENDIX II. Statutory Rules and Orders, 1900. Xo. 599. EDUCATION, BOARD OF. The Board of Education (Consultative Committee) Order in Council, 1900. .\t the Court of Osborne House, Isle of Wight, the 7th day of August, 1900. Present: The Queen's Most Excellent Majesty in Council. Whereas by section four of the Board of Education Act, 1899, it is enacted that it shall be lawful for Her Majesty in Council by Order to establish a Consultative Committee, consisting, as to not less than two-thirds, of jjersons qualified to represent the views of universities and other bodies interested in education, for the purposes in that section mentioned : Now, therefore, . . . . it is hereby ordered, as follows : — 1. — (1.) There shall be established a Consultative Committee of the Board of Education consisting of eighteen members. (2.) The following persons shall be the first members of the Committee . . : . : — # * # * 12. This Order may be cited as the Board of Education (Consultative Committee) Order in Council, 1900, and shall come into operation on the first day of October one thousand nine hundred. Statutory Rules and Orders, 1900. No. 600. EDUCATION, BOARD OF. The Board of Education (Powers) Order in Council, 1900. At the Court at Osborne House, Isle of Wight, the 7th day of August, 1900. Present : The Queen's Most Excellent Majesty in Council. Whereas by section two of the Board of Education Act, 1899, it is enacted that, subject to the provisions of that section, it shall be lawful for Her Majesty in Council from time to time, to transfer to, or make exerciseable by, the Board of Education, any of the powers of the Charity Commissit)ners in matters appearing to Her Majesty to relate to Education, and that the Order mav make STATUTORY RULES AND ORDERS, 1900. 385 such provision as appears necessar)' for applj'ing to the exei'cise of those powers by the Board of Education the enactments relating to the Charity Commissioners. Now, therefore, .... it is hereby oi'dered, as follows : — 1. Tlic powei's of — (a.) inquiring into charities ; and (b.) requiring accounts and statements to be rendered and answers to questions to be returned ; and (c.) requiring copies of and extracts from documents to be furnished ; and (d.) seai'ching records : and (e.) requiring the attendance of witnesses and tiie ])rr funds of the endf)wment in, to, or from tlif? Official Trustee of Charity Lands oi- tlie Official Ti-ustees of Charitable Punds ; and (li.) all powers conferred on tlie Charity Commissioners by ilic Charitable Trusts Acts, 185:5 to 1891, or the Endowed Schools Acts, 1869 fo 1889, as far as those jmwers are exercisc.iblc in respect of any endowment so regulated. (2.) Provided that— («.) land or funds l)elonging to any such endowment shall not bo vested or transferrefl in, to, or from the Official 'i'rustee of Charity Lands or the Official Trustees of Charitable Funds except by Order cf the (Jharity Commissioners; and ^5 386 APPENDIX II. (h.) the powers of the Charity Commissioners with respect to — (i.) the appoiutraent and removal of trustees, or otherwise in relation to the constitution of a governing body, of an endowment held partly for educational purposes in Wales and the county of Monmouth and partly for other purposes ; and (ii.) the property of an endowment the income of which is applicable partly to educational purposes in Wales and the county of Monmouth and partly for other purposes, sliall not be transferred to the Board of Education unless the property of the endowment is administered by a governing body established for educational purposes, and any question whether a governing body was established for educational purposes shall be determined by the Charity Commissioners. (3.) For the purposes of he transfer effected b}' this section, the ])rovisions of the Charitable Trusts Acts, 1853 to 1894, and the Endowed Schools Acts, 1869 to 1889, shall apply with the modifications and adaptations set forth in the Second Schedule to this Order, and in the schemes conferring jiowers transferi-ed by this section the provisions relating to those powers shall have effect as if anything recpiired to be done to, by, or in relation to the Charity Commissioners, were required to be done to, by, or in relation to the Board of Education, and any rules, regulations, or forms made, approved, or prescribed by the Charity Commissioners under any such scheme shall continue in force until varied, i-evoked, or superseded by new rules, regulations, or forms made in accordance with the ]u'ovisions of the scheme as amended by this Order. 3. This Order may be cited as the Board of Education (Powers) Order in Council, 1900, and shall come into operation on the first day of November one tliousand nine hundred. Firff Schedule. Enactments Applied. Part I. The Charitable Trusts Act, 1853 (16 & 17 Vict. c. 137), ss. 9, 10, 11, and iL', as amended by the Charitable Trusts Act, 1887 (50 & 51 Vict. c. 49). The Charitable Trusts Amendment Act, 1855 (18 & 19 Vict. c. 124), ss. 6 and 7, as amended by the Charitable Trusts Act, 1SS7 (50 & 51 Vict. c. 49). Part II. The Charitable Trusts Act, 1853, ss. 13, 14, and 15, and the Charitable Trusts Amendment Act, 1855, ss. 8 aufore Uually settliiiir the draft of any amending scheme framed under tlie Endowed Schools Acts, 1809 to 1889, cause all such steps to be taken as are by those Acts required to be taken before any such scheme is submitted for a])proval to the Committee of Council on Education, and such final settlement shall take the place of the ajiprovai required by those Acts, and accordingly the Board of Education -hall cause the scheme to be published and circulated in such numncr, and together with such notice, as is required by section thirteen of the Endowed Scliools Act, 1873, and the like proceedings may be taken with respect to a scheme so settled as may under the Endowed Schools Acts, 18G9 to 1889, be taken with i-espect to a scheme apjiroved by the Committee of Council on Education. The repo)-t i-e;|uireil Ijy section si.xteen of the Endowed Schools Act, 187;i, t(j be made to the Committee of Council on Education shall b(^ made to Her .Majesty the Queen. STATirKJRY Rfl.KS A.M) OKDKKS, ]9(»1. No. 587. |-;i)l'C;\'l"10.\. I',().\UI) ttK. TlIK IJoAKIi OK KlUjfATION (PoWKRS) (JRIiKK IN CorXllI,, llHtJ. At the Court at St. JamcH's. tin- i-'lili day of July, 1901. !' KKSKXT : 'l"he King's .MoHt. KxcelU'nt MajcHly in Council. Whereas by section two of the Board of Education Act. 1899, it is lawful fi>r His Majesty in Council, subject to the provinionH of that section, from time to time, to transfi'r to the Board of ?Mncation, any of the ])owrrs of 388 APPENDIX II. the Charity Commissioners ia matters appearing to His Majesty to relate to education, and the Order may make such provision as appears necessary for applying to the exercise of those powers by the Board of Education the enactments relating to the Charity Commissioners. Now, therefore, . . . . it is hereby ordered, as follows : — 1. — (1.) The powers conferred on the Charity Commissioners by the Charitable Trusts Acts, 1853 to 1894, and by the Endowed Schools Acts. 1869 to 1889, to frame, approve, certify, establish, and amend schemes shall, so far as those powers are exerciseable in i-espect of any endowment held solely for educational purposes in England and Wales, and so far as they have not already been transferred to the Board of Education, be transferred to that Board. Provided that a scheme made by the Board of Education sliall not contain provisions requiring or authorising any land or funds belonging to any such endowment to be vested or transferred in, to, or from the Official Trustee of Charity Lands or the Official Trustees of Charitable Funds othex'wise thajt by order of the Charity Commissioners. (2.) Where the Charity Commissioners, in exercise of the powers conferred on them by the Charitable Trusts Acts, 1853 to 1894. or the Endowed Schools Acts, 1869 to 1889, determine, by scheme or otherwise, in respect of anv endowment held partly for educational purposes and jiartly for other purposes, what part of the endowment is held for educational purposes, that part shall, for the purposes of this Order be treated as an educational endowment held solely for educational purposes. (3.) For the purjDoses of the transfer effected by this section the provisions of the Charitable Trusts Acts, 1853 to 1894, and the Endowed Schools Acts, 1869 to 1899, shall apply with the modifications and adaptations set forth in the schedule of this Order. (4.) In any scheme made before the commencement of this Order relating to an cndowmeiit held solely for educational purposes, provisions empowering- the Charity Commissioners to make amending schemes and to make rules, regulations, and forms, and any rules, regulations, and forms made by the Charity Commissioners, before the commencement of this Order in pursuauc€' of any such power, shall have effect as if in those provisions and in those rules, i-egulations, and forms, references to the Board of Education were substituted for references to the Charity Commissioners. 2. Provisions in any scheme made before the comnieucement of this Order empowering the Charity Commissioners by order to direct the manner in which a school shall be examined in any year, or directing the Governing Body to send a copy of the examiner's report to the Charity Commissioners, shall have effect as if in any such schenae references to the Board of Education had been substituted for references to the Charity Commissioners. 3. This Order may be cited as the Board of Education (Powers) Order in Council, 1901, and shall come into operation on the 1st day of September, 1901. STATUTORY RULES AND ORDERS, 1902. 389 Schedide. Modifications asd Adaptations. In such of ilie provisions of tho Charitable Trusts Acts, 1853 to 1894-, and of the Endowed Schools Acts, 1869 to 1889, as i-elate to the franiintr, approving, certifying, establishing, and amending of schemes, or to the powers and duties and proceedings incidental thereto or conseciucntial thereon, for references to the Charity Commissioners and their officers shall be substituted references to the Board of Education and their otficex'S respectively. The Board of Education shall, iiefore liually settling the Draft of any scheme framed under the Endowed Schools Acts. 1869 to 1889, or any of them, cause all such step.s to be taken as are by those Acts required to be taken before any such scheme is submitted for approval to the Committee of Council on Education, and such final settlement shall take the place of the approval required by those Acts, and accordingly the Board of Education shall cause the scheme to be published and circulated in such manner and together with such notice as is re(iuired by section thirteen of the Endowed Schools Act, 1873, and the like proceedings may be taken with respect to a scheme so settled as may under the Endowed Schools Acts, 1869 to 1889. be taken with respect to a scheme approved by the Committee of Council ■on Education. The report recpiircd by section sixteen of the Endowed Schools Act, 187H, to be made to the Committee of Council on Education shall be iikkIc to His Majesty the King. STATI.TORY JlULKS AND OHDEKS, litO'J. No. 6-J7. HI )U CAT I OK", BOAJ{l) OK. 'J'hk Moahd ok Hdication (Powkks) Okdkk in Coincii., 1902. At the Court at BuckingliMni I'mI.-kv, tlir llili day of AiiLriiHi, I9(t2. I'KK.sENT ; The King'H .Momi Kxccllent MajcBty in ('oiitici!. Whereas by section two of the Board of Education Act, |Hl)9. it is lawful for Mis .Majesty in Council, Hiibjcct to the- proviHioiiH of tliat section, from time to time, to transfer to the Board of Kducation any of the powerH of the Charity Commissioners in matters a|i))'nriiig to HIk MnjeBty to relate lo 300 APPENDIX 11. L'ducatioii, and the Order may make such jn-ovisiou as appears necessary for applying to the exercise of those powers by the Board of Education tlie enactments relating to the Charity Commissioners : "Now, therefore, . . . . it is liercby ordered, as follows : — 1. All powers (except the powers of appointing the Official Trustees of Charitable Funds, and of making orders for vesting or transferring lands or funds, in, to, or from the Official Trustee of Charity Lands or the Official Trustees of Charitable Funds) conferred on the Charity Commissioners and their officers (except the said Official Trustees), by (a) the enactments specified in the Schediile hereto, or any order, scheme, rule, i-egulation, form, or other instrument made under any of them : and (b) any otlier enactment, charter, deed. will, order, scheme, rule, I'egulation, form, or other instrument, shall, so far as those powers relate to endowments held solely for educational purposes, and so far as they have not been transferred to the Board of Education, be transferred to that Board. 2.-- (1.) For the purpose of the transfer effected by this Order, — (a) In all enactments and instruments, provisions relating to the powers transferred shall be construed as if references to the Charity Commissioners and their officers, except the said Official Trustees, were references to the Board of Education and their officers, and shall have effect as if everything required to be done to, by, or in relation to the Charity Commissioners and their officers, except the said Official Trustees, were required to be done to, by, or in relation to the Board of Education and their officers. (b) The report required by section sixteen of the Endowed Schools Act, 1873, to be made to the Committee of Council on Education shall be made to his Majesty the King. (2.) Where the Charitj' Commissioners, in exercise of the powers conferred on them by the Charitable Trusts Acts, 1853 to 1894, or the Endowed Schools Acts, 1869 to 1889, determine, by scheme or otherwise, in respect of any endowment held partly for educational purposes and jjartly for other purposes, wliat part of the endowment is held for educational purposes, that part shall, for the purposes of this Order, be treated as an educational endowment held solely for educational purposes. 3. This Order shall come into operation on the 1st day of October, 1902,- and may be cited as the Board of Education (Powers) Order in Council, 1902, and the Board of Education (Powers) Oi-der in Council, 1900, the Board of Education (Powers) Order in Council, 1901, and this Order may be cited together as the Board of EducatioH (Powers) Orders in Council, 1900 to 1902. STATUTORY RULES AND ORDERS, li»02. 391 ScJiedide. 16 & 17 Vict. IS & 19 Vict. 23 & 24 Vict. 25 & 26 Vict. 32 & 33 Vict. 50 & 51 Vict. 54 & 55 Vict. 57 & 58 Vict. 32 r such conditions as the council think desirable, allow anj' religious instruction to be given in the school, college, or hostel, otherwise than at the cost of the council : Provided that in the exercise of this power no unfair preference shall be shown to any religious denomination. (2) In a school or college i-oceiviiig ii grant from. lU- maintained by, a council under this Part of this Act, (a) A scholar attending as a day or evening scholar shall not be ro(|ui)-ed, as a condition of being admitted into or remaining in the school or college;, to attend or abstain from attending any Sunday school, jilace of religious worshi]), religious observance, or instruction in religious subjects in the school or college or elsewhere ; and (h) The times for religious worship or for any lesson on a religious subject shall lie conveniently arranged for the purpose of iillowing the withdrnwal of any such scholar therefrom. I' ART III K r . K M I : N r a in !•; i > i < a i i o n . r \ i;'!' I V. (tKNKHAI.. 17. (I) -\nv conni-il having [lowers nnariMh or parishes which, in the o|iinion . For the purposes of this Act the Council of the Isles of Scilly shall be the local education authority for the Scilly Islands, and the expenses of the council under this Act shall be general expenses of the Council. 27. — (1) This Act shall not extend to Scotland or Ireland, or, except as expressly provided, to London. (2) This Act shall, except as expressly- provided, come into operation on the appointed day, and the appointed day shall be the twenty-sixth day of March nineteen hundred and three, or such other day, not being more than eighteen months later, as the Board of Education may appoint, and different days may be appointed for different purposes and for different provisions of this Act, and for different councils. (4) This Act may be cited as the Education Act, 1902, and the Elementary Education Acts, 1870 to 1900. and this Act may be' cited as the Education Acts, 1870 to 1902. EDUCATION ACT. 1902. 399 SCHEDULES. F I R 8 T SCHEDULE. .-Section 25. Provision as to EDitATiox Committkks and ^[anaoers. A. — Education Com)tiitteei>. (1) The coanc-il by whom an education committee is established may make repulations as to the qnoriim, |iroceedino;s, and place of meeting of that committee, but, subject to any such regulations, the <|nornm, proceedings, and place of meeting of the comniitlee shall be such as the committee determine. (2) Tlie chairman of the education committee at any meeting of the committee shall, in case of an e(nial division of votes, have a second or casting vote. (3) The proceedings of an education committee shall not be invalidated by any vacancy among its members or by any defect in the election, appointment, or qualification of any members thereof. (4) Minntes of the proceedings of an education committee shall be kept in a book provided for that purpose, and a minute of those proceedings, signed at the same or next ensuing meeting by a person describing himself as, or appearing to be, chairman of the meeting of the committee at which the minute is signed, shall be received in evidence without further proof. (5) Until the contrary is proved, an education coiiimittee shall be deemed to have been duly constituted and to have j)ower to deal with any matters referred to in its minutes. (6) An education committee may, subject to any directions of the council, appoint such and so many sub-committees, consisting either wholly or prirtlv of members of the committee, as the committee thinks tit. B. — 'MniKKjei-H. m * * * SECOND SCIIKDCM;. Section us. PROVISIO.VS as Ti» TrANSFKK ok i'UOPKUTV ANI> OH'K KIIS, A.M> Adjustment. # » # • (2) Where, unch-r the provisions of this Act, any conncil ivliii.|uishes its powers and duties in favour of a county council, any property or rights acquired and any liabilities incurred, for the purpose of the l)crformance of the powers and duties relin(|uishe(l, including nny ])roperty or rights vested or arising, or any liabilities incurred, under any local Act or trust deed, shall be transferred to the county council. 400 APPENDIX II. (3) Any loans transferred to a council under this Act shall, for the purpose of the limitation on the powers of the council to borrow, be treated as mouev borrowed under this Act. 53 & 54 Vict, c. 60. (5) Section two of this Act shall apply to any balance of the residue under section one of the Local Taxation (Customs and Excise) Act, 1890, i-emaining unexpsnded and unappropriated by any council at the appointed day. Section 25. 45 & 46 Vict. c. 50. Section 25. THIRD SCHEDULE. Modification of Acts, &c. # * # # (4) The power of making byelaws shall (where the local education authority is a county council) include a power of making- different byclaw.s for different parts of the area of the authority. 'ft' *ff ^^ ^P (12) The Local Gros-ermnent Hi);ird may, after consultation with the Board of Education, by order make such adaptations in the- provisions of any local Act (including any Act to confirm a Provisional Order and anj'^ scheme under the Municipal Corporations Act, 1882, as amended by any subsequent Act) as may seem to them to be necessary to make those provisions conform with the provisions of this Act, and may also in like manner, on the application of any council who have power as to education under this Act and have also powers as to education under any local Act, make such modifications in the local Act as will enable the ])owers under that Act to be exercised as if they were powers under this Act. Anv order made under this provision shall operate ns if enacted in this Act. FOURTH SCHEDULE. Enactments Repealed. Session and Chapter. Short Title. Kxtent of Repeal. 52 & 53 Vict. c. 76. The Technical In- struction Act, 1889. The whole Act. 53 & 54 Vict. c. 60. The Local Taxa- tion (Customs and Excise) Act, 1890. In section one, subsection.^ two and three. 54 & 55 Vict. c. 4. The Technical In- struction Act, 1891. The « iuile Act. EDUCATION (LONDON) ACT, 1903. 401 EDUCATION (LONDON) ACT, 1903. (8 Edav. VII. c. 24.) An Act to extend and adapt tiic Kducation Act, 1902, to London. [14th August 1903.] * * * # 1. The Education Act, 1902 (in this Act referred to as tlio Application principal Act), shall, so far as applicable, and suVjject to the [i,„,|^'gt'* pro^^sions of this Act, apply to London. lii02, to Lonfloii. * # * # Modifica- 4. — (1) The modifications of the principal .Vet set out in the tion of First Schedule to this Act shall have effect for the jjurposes of this Act. AcTand' * # « # intoriwtii- tion. 5. — (1) This Act shall, except as e.-spressly ))rovided, come into Commence- operation on the appointed daj', and the appointed day shall be "p"^'] „„,( the first day of May nineteen hundred and four, or such other day, sliort title, not being more than twelve months later, as the Board of Pklncation may appoint, and different days may be appointed for different purposes and for different provisions of this Act. « *• # * (3) This Act may be cited as the Education (London) .Act, U)o:i ; and the Education Acts, 1870 to 1902, and tin's Act may l)c cited as the Education .\ct8, 1870 to 1903. SCHEDULES. FIRST SCHEDULK. Seoti..ii I. iMoiJim .VTIO.NS OK TUK Frincm'.xi. A(;t. 1. Koferences in the principal Act to the council of a Ix.nni^'h Bhall not be construed as references to the eouncil of a metropolitan borough, except — (o) in parag^rajih (") of s(;ctioii twenty (relating to arrauKcinunls between couihmIh) .... an make under section nineteen of the Lon
  • ii (lovernnient Act, 1899. 2. The provisions of section two of tiic princii>al Ait, as to limit of rate, shall not apply. * • • • 1 I 111- provisoes to subsection one f>f section eighteen of tl..' principal Act (relating to expenses) .... shall not apply. 26 402 APPENDIX II. 5. Tlie words " a county council " in section nineteen of the ]n-incipal Act (which relates to borrowing) shall, as respects borrowiug hy the local education authority, he construed as if they were "the London County Council." 6. Section twenty-seven of the principal Act (relating to extent, commencement, and short title) sliall not apply except so far as subsection three of that section is already applicable to London, and the words "the appointed day" shall be substituted for "the twenty-sixth day of March nineteen hundred and four" in that subsection. 7. Where the London County Council delegate to their education committee any powers, and the acts and proceedings of the committee as respects the exercise of those powers are not required to be submitted to the council for their approval, subsection One of section two hundred and thirty-three of the Municipal Corporations Act, 1882 (which provides for the inspection and the taking of copies of minutes) shall apply to the minutes of the committee I'elating to the exercise of those powers as it applies to the minutes of the council. * * » * 9. Where governors .... are appointed by the local educa- tion autliority on the governing body of any institution aided by grant from the local education authority, the provisions of the scheme or trust deed of the institution imposing any limit on the number of the members of the governing body, or requiring any iirposes of Part HI. of the Education Act. 1902, or taken over by them under that Act as successors of a school board; and (ii) appropriate, with the consent of the Board of Education, for the pui-posesof Part III. of the Education Act, 1902, any land acquired by them for the purpose of Part II. of the Edui'ation .\ct, 19(J2, either undei- that Act, or for similar purposes unrler any Act repealed by that Act ; and (iii) a))])ropriate, with the consent of and after inquiry by the J^ocal (iovernment Board, for any of the purposes of the Education Acts, any land acquired by them otherwise than in their capacity as local education authority : (3) The council of a non-county borough or urban district may approjiriate, with the consent of and after inquiry by the Local Government J}oard, for the purpose of their power to snp])ly or aid the suppl)' of education other than elementary, any land ac(|uired by them under any otliei- ])()\ver. (4) The approjiriation of land by a local education authority or a council under this section shall be subject in any case to any s|)ecial covenants or agreements affecting the use of tlie land in ilieir hands. (5) Whore the capital e.xpendituro in connection with any land appropriated under this section or any loan for the purpose of repaying that expenditure or any part of that expenditure or loan has been, or is charged on, or raised within, any sjiecial i)art of the area of the lot-al education authoi'iry or council, and the Hoard of Kducation or, in the ("ase of land ap])ropriat('d under this section and not acquired for any of the purposes of the ]']rlueation .Aj-Is, the hocal Governnu-nt Board, are of opinion tiial the use of the land for iJie j)urpoHea fur whir'h it is ap|>ropriatnd will nlliT tin; area benelited l)y the expemlitni-e, tln^ Board ul' Ivliication, or the Local (Jovernnieni Boarrj, as the case recpiires, shall order such e(|uilable adjiiMlment in respect thumof to bi; rnaih; as thi'v think right under i he circuniHtances, and the local ethication authority or council shall comply with any order so made. (6) A council shall have power, with the consent of and after inijuiry l)y till- Boai'd of Kducation, to alienate any land aci|iiire(i or held by them for tin- purposi'S of education other than elementary under I'art 11. of the Kducation Act, 1902, and, in llm cHBu of tlio Halo III' any such laml, the proceeds of sale mIuiII Im' ajiplied in siicli ninnner 404 APPENDIX II. as the Local Goveniment Board sanction, towards the discharge of any loan of the council under the Education Acts, or otherwise for any purpose for which capital may be applied by the council under those Acts. 2. The consent of the Board of Education shall be substituted for the consent of the Secretary of State for the Home Department in cases where the consent of the said Secretarj^ of State is required under section fourteen of the School Sites Act, 1841, and section one of the School Grants Act, 1855 (which relate to sales, exchange, or mortgages of s<'hool premises). 8. In the application of section sixty-nine of the Local Government Act, 1888, to money l)orrowed after the passing of this Act under the Education Acts by the council of a county, a period not exceeding sixty years shall be substituted for a period not exceeding thirty years as the maximum period within which borrowed money is to be repaid, and any money reborrowed for the purpose of discharging a loan raised for the purposes of the Education Acts may, if the Local Government Board approve, and subject to sxtch conditions as they impose, be repaid within such period, not exceeding sixty years from the date of the original loan, as the Local (xovernment Board fix. 4. — (1) In the exercise of their powers and tluties under section two of the Education Act, 1902, a county council shall have power and at all times since the commencement of that Act shall be deemed to have had power to agree with the council of any non- county borough or urban district within their area for the payment to tliat last-mentioned council of a contribution towards the capital expenditure incurred by them in respect of education other than elementary to such an amount and in such instalments and for such period and subject to such conditions as may be specified in the agreement. (2) Where any such agreement is made the contribution agreed to bo paid by the county council shall, for the purposes of section nineteen of the Education Act, 1902, form part of the security on which money may be borrowed by the council of the non-county borough or urban district under that section. 5. If the Local Government Board by order declare that expenses incurred for particular purposes specified in the order may or may not be properly treated under section eighteen of the Education Act, 1902, as expenses incuri-ed in respect of capital expenditure, no question shall be raised on audit as to the treatment of expenses incurred for those particular ])ur]ioses if they are treated in accordance with the order. Audit of ^- Where any receipts or payments of money under the accounts of Education Acts are entrusted to any joint education committee t Substitution, in certain cases, of con- sent of Board of Education for consent of Home Secretary. 4 & 5 Vict,. c. 38, 18 & 19 Vict. c. 131. Extension of jieriod for repayment of money borrowed by county council. 51 & 52 Vict, c. 41. Power of county council to contribute towards capital ex- penditure incurred by non -county boroughs or urban :uiy otiier duties which, in the opinion of the Govei'nors or of the Board, would inicrfei-e \vit}i the "'rticiGnt discharge of their duties in the School. lo. Where the Hoard tliink lit, they may. on consideration of the teaching staff as a whole, require that a certain j)roi)ortion of all new apjxjintments shall consist of persons who have gone through a course of training recognised by the Board for tlu^ purj)o8c. 16. The salaries of the teaching staff must in no case be subject to variation according to the iimount of Crant received. CII.M'TKH III. Alt.MISSIO.N AM) KkK.S. 17. No pupil may be refused admission to the School exci'pt on roaaoiiablo grounds. Anv i|iieHti-n in the Appendix to these Regulations. This proportion will ordinarily be 25 per cent, of the total number of pu])ils admitted to the School during the previous year, but may be reduced or varied by the Board on sufiBcient grounds in the case of any particular School or any particular year. 21. Records must be kept of the admission, attendance, and date of leaving of all pupils, and of the fees paid by them. The admission record must show the full name and address, date of entry, dale of birth, parent's occupation, and place of ijrevious editcation of each ]m])il. Record should also be kept, so far as possible, of the place of further education, if any, to which a pupil ])roceeds on leaving the School. CHAPTER IV. Managemekt. 22. The School must be conducted by a Governing Body acting under and in accordance with a scheme or minute or body of written regulations which states its constitution and defines its functions both as regards responsibility for general control and as regards immediate responsibility (including that of the Head Master or Head Mistress) for the conduct of the School, and which is approved by the [Board. A copy of the scheme or minute or body of regulations as approved must be deposited with the Board, and its provisions must not be varied or departed from without the approval of the Board. 23. The instrument under which the School is governed (whether in the form of a Trust Deed, Scheme, Charter, Act of Parliament, Statutes, Regulations, or Minutes) : — (a) must not recpiire any members of the teaching staff to belong, or not to iiclong, to any particular denomination; BOARD OF EDUCATION REGULATIONS. 411 (I) iimst nut re(iuiro a niajoritv of the Governintr Body (wlietlier in virtiie of their tenure of any othei' office or otiierwise) to belong, or not to belong, to any particular religious denomination ; (c) must not provide for the appointment of a majority of tlie Governing Body by any person or persons who, or by any body the majority of whom, are required (whetlier in virtue of their tenure of any other office or otherwise) to belong, or not to belong, to any particular religions denomination. 24-. The Governing Jiody of tiie School, where it is not a Local Education Authority or a Committee of a Local Education Authority, must contain a majoi-ity of representative Governors : provided that if any authority or constituency abstains from exercising or fails to exercise any power of appointment or election exercisable by it, and by reason only of such abstention or failure the Governing Body does not contain a majority of representative Governors, the School may nevertheless be regarded as (•oni]>lying with this Regulation. In this Article (i) "Representative Governor'' means a member ajiiioiiited on tin; Governing Body by a local authority or by a popular constituency, and any Member of Parliament, JLiyor, Chairman or Yice-Chairman of anj- local authority or popular constituency who is, by virtue of his office, a member of the Governing Body. (ii) "Local Authority" includes the Council of any County, Borough, Urban or Rural District or Parish, any Committee constituted under Section 17 of the Education Act, 1902. and any Board of Guardians. (iii) 'Popular Constituency" includes any Parish Meeting or Vestry, and the ratepayers of any Parisli. 25. A meeting of the Governing Body, of which sufficient notice will hi- given, must be hilil, if re(|uired, when the School is inspected, and the accounts and any othei- jiajiers necessary for en(|uiry intt» the control uml conduct of th(! School must be produced when required by tlie Hoard or by an Inspector of the Board. 2(i. Tlie Governing Ho. •* Arts. 36-40 of the English Regulations, 1907, were practically the same as Arts. M)-iu of the English Regulations, 1908. Art. 41 of the English Regulation.^i, 1907, was temporary. * For Art. 43 of the EnglLsh Regulations, 1907, see infra, p. 419. 5 For the words " Article 43 of the Regulations of 1907" the Wel^h .\rticles .-substitute the words " Art. 31 Of the Regulations of 1907 (Wales)." As to that Article see note on p. 419. • '^ For Alts. 45 and 4(5 of the Welsh Regiitntions see infra, pp. 419, 420. BOARD OF EDUCATION REGULATIONS. 415 47. An instalment of Grant aniountinj^ ordinarily to one-half of the Grant estimated to be payable for the School Year is payable shortly after 1st A]n-i\ where the School Year bejjins on 1st August, and shortly after 1st .fiily wliere the School Year begins on the 1st January, on a certilicate from the Governing Body, and from the Inspector, that the School is lieing satisfactorily c Biksars. 49. (Transferred to the Regulations for tlu» I'reliniinnry Kducarinii of Elementary School Teachers.) CHAPTER Vlll. List of Efficient Skcondahv S(Iiooi,.s. ■">0. Tlic Board are establishing a List, for |>ubHcation, of Secondary Schools rr'fognised by them as efficient. The CJoverning Body, or ))ersons res|ionsil)le for the management of any Secondary School (as defined in .Articles 1 and 2 of these Regulations) not eligible, or not applying, for (Jrants under tlieso l{egu]ations may apply to the Board for ilie School to In- placed un ihislist. 51. The Board will determine tiie efficiency of I lie Scliool by inspection, and mnsfbe satisfied that the School has an adequate slafP, jirovidefi a suitable <'nrricnlum and efficient instruction and possesHcs aublished in its entirety. 41(j APPENDIX 11. 53. The List of efficient Secondar_y Schools will also include Schools on the Grant List, and Schools inspected by the Board in tlie exercise of their jurisdiction under the Charitable Trusts Acts, and found to be etficient within the meaning of Article 51 . 54. A Scliool may be removed from the list of efficient Secondary Schools at any time at the discretion of the Board, and its continuance on the list Avill depend on the results of su«h further inspections as the Board may from time to time hold. So long as the School is on the list it must be open at all reasonable times to inspection by the Board, and must make such returns to the Board as the Board may from time to time require. 1 APPENDIX. Rules with rkgard to Fees and Free Places. 1. In all rules made under Article 19 of these Regulations the tuition fee prescribed must, excejit with the special consent of the Board : — (ii) cover all subjects of instruction included in the curriculum, and the use of all educational apparatus necessary for those subjects except printed books and mathematical instruments ; ({/) be uniform for all pupils, e.xcept tliat there may be two different rates of fee for (1) pupils below and above the age of 12, or (2) ])U]iils i-esiding within and without a given area. 2. The rules may further provide for :- ((() an entrance fee, to be uniform for all ])upils : (b) a boarding fee in the case of boarders ; ((•) an additional fee, with the written consent of the parent or guardian, for instruction in subjects not included in the curriculum, or for contributions to the expenses of games or schoc^l societies; (d) where the use of printed books and mathematical instruments is not covered by the tuition fee, the payment of a specified annual or terminal charge, or of the actual cost, the books or instruments in respect of which such payment is made becoming the property of the parent or guardian. 3. In Article 20 of these Regulations a free place means a place in the school for so long as the pupil admitted remains therein, not subject to the payment of any tuition or entrance fee as defined in paragraphs 1 and 2 (a). 4 Boys or girls api)lying for admission under Article 20 may be required Id pass an entrance test of attainments and proficiency such as can be approved' hv the Board for the School in question, having due regard to (1) the age BOARD OF EDUCATION REGULATIONS 417 of the applicants, (2) the subjects in which they have been receiving instruction (3) the standard of attainments and proficiency required for admission of fee-paying pupils. 5. Pupils wlio enter from Public Elementary Schools holding scholarships which cover the tuition fee, and the entrance fee, if any, at the Secondary School, will count towards the required provision of free places, provided that :— , («) the scholarship is tenable, by renewal or otherwise, so long as the pupil remains at the School ; or (6) if it is not so tenable, the Governing Bod}' undertake to continue the pupil's education, so long as he or she remains at the school , without payment of tuition fee. 6. The free places offered, or a proportion of them, may, with the approval of the Board, be restricted in the first instance to candidates from a ])articuliir area, provided that any places not so filled up are then open to all qualified candidates without local restriction. 7. Pupils entering from Public Elementary Schools mean boys and girls who have been under instruction for at least two years in a Public Elementary School immediately before entering the Secondary School. Pupils transferred to the School from another Secondary School in which tlicy have been already admitted as free scholars under Article 20 ma.v, with the approval of the IJoard, be counted towards the required ])roi)ortion, but boys or gii-Ls already in the School as fee-paying pupils may not be so counted even though their fees arc subsequently remitted, nor may pupils be so counted who enter the School as Bursars or Pupil-Teachers under the regulations for the Preliminary Education of Elementary School Teachers. 8. In any e.xamination held as an entrance test of candidates for frio places the following rules are to be observed : — (a) The Governing Body of the School will be responsible for the conduct of the Examination ; but it is desirable that some jwrsnn who has had teaching experience in a Public Elementary Sciiool should be associated with the Head Master and StiifT of llie Secondary School in conducting it, and that the ExaminerH hlioiild receive and con-sider a report on each raiididato from tin; lli'ad Master or Head Mistress of the Elementary School from wliicii he or she comes. (h) Candidates under 10 or nborc 13 years of age need n<)( !..• accepted. (c) Candidates between 10 and KJ must only be rrcpiirrd to qualify in English and Arithmetic, but in order to test the relative merits of the candidates further quest ions may \w set in tiny of the subjects Hfjccified in Article 2 of tho Code of ReguliitionN fc-r Public Elementary Schools. Candidates should lie re(|uired to reach the standard of the chiHS in the Secondary School in which the average age is nearest their own. 27 418 APPENDIX II. (d) Candidates should as a rule be undei- 12, and the free places offered may be restricted in the first instance to candidates between 10 and 12, provided that any places not so filled up are then open to all qualified candidates between 12 and 13. Candidates over 13, if accepted, may properly be subjected to a severer test in respect of both subjects and standard within the limits of Article 2 of the Code, in order to prove their fitness to take a place in the Secondary School corresponding to their age. (e) Where there are more duly qualified candidates than places the award shall be determined by competition among them. (/) The examination may be partly oral. The record of marks and all written papers must be pi-eserved by the Governing- Body for six ntionths after the Examination, and must be open to inspection by the Board. Note. — Articles 42 and 43 of the English Eegulations, 1907, which are referred to in Articles 42 and 43 of the English Eegulations, 1908 (sup7-a), xvere as follows : — 42. A School which was on the Grant List for the year 1906-7, but which during the School year 1907-8 fails to fulfil one or more of the conditions set out in these Regulations as to — (i) denominational religious instruction (Article 5), (ii) a conscience clause for boarders (Article 18 (b)), (iii) arrangements for securing that a proportion of places shall be open without payment of fee to scholars from Public Elementary Schools (Article 20), (iv) absence of denominational restrictions for the teaching staff and Governing Body (Article 23), (v) provision for a representative Governing Body and for control by such a body over the appointment and dismissal of the Head Master or Head Mistress of the School (Article 24), may, if it satisfies the Regulations in other respects, continue to receive Grants for the School year 1907-8, but (a) the grants thiis payable will be at the rate of £2 and £2 10s., in lien of £2 and £5 as set out in Article 36' above, and {h) the additional Grants under Articles 39 to 41 ' above will not be payable. 1 As to Arts. 36 and 39 to 41 of 1907 Regulations see note on p. 414, supra. BOARD OF EDUCATION REGULATIONS. 419 43. If, as regards the conditions set ont in Articles 5, 18 (b), 23, and 24 (but not as regards the conditions set out in Ai-ticle 20) of these Regulations, the Local Education Authority pass a Resolution informing the Board of Education that the Scliool is in their view required as part of the Secondary School provision for their area, and that one or more of these conditions may be waived with advantage in view of the educational needs of the area, the Board of Education may, if they see fit, pay the Grants in full undor Articles 36 to 41 of this Chapter. Articles 42, 45, and 46 of the Welsh Regulations, 1008, are as follows : — 42. (a) A School regulated by Scheme under the Endowed Schools Acts, which was on the Grant List for the School Year 1907-8, but which during the School Year 1908-9 fails to fulfil one or more of the conditions set out in Articles 5, 18 (h), 20, 23, and 24 of these Regulations, may, if it satisfies the Regulations in other respects, continue to receive Grants for the School Year 1908-9; and (b) A School on the Grant List which received Grants for the School Year 1907-8 under the provisions of Article 31 ' of the Regnlations of 1907 (Wale.s^ will, if it satisfies the Regulations in other respects, continue to receive Grants for the School Year 1908-9, notwithstanding that it continues to fail to fulfil the conditions in respect of failure to fulfil which it was not eligible for full Grant under Article 30 - of tlioso Regulations. (c) The Grants payable under this Article, however, will be at the rate of £2 and £2 lOs. in lien of £2 and £5 as set out in Article 36 above, and no Grants are payable under Articles 39 and 40 to Schools receiving Grant under this Article. (d) For the purpose of this Article a Secondary School which was recognized as a Pupil-Teacher Centre for tlie years 1906-7 and 1907-H may bo considered as eligible for recoppiition on the same terms as a School on Ihe Grant List which received grants for the School Year 1907-8 under the provisions of Article 31 ' of the Regulations of 1907 (Wales). 45. In or before March, 1909, there will bo iKiyable to all Schools (»n tho ri»/e(Z in lieavy tijpe. Figures in parentheses denote the number of times the subject is separately referred to in the page. ACCOMMODATION. See Builbings. ACCOUNT DUTY, 186. ACCOUNTS, 162 163. Board of Education Regulations, 83, 163. Charitable Trusts Acts, 162. Education Acts. 100, 101. Public Schools Acts, 57, 58. ACCUMULATION FUND for repayment of mortgage debt, 167. ACT OF PARLIAMENT: Aln-ogation by Scheme, of, 22, 45. Board of Education's Jurisdiction, Interference with, by. 34. Charity Commissioners' Jurisdiction, Interference with, by, 3 1-. Exchanges aiithoi'ised by, 34. Founding of School by, 9, 12, 17. Incorporation by, 12. Leasings autiiorised by, 34, 170. Liglit and Air, Right to, extinguished by, 146. granted by, 141. Mortgage authorised by, 166. Mortmain restrictioiis, E.\em]it!on from, by, 03, 64. Romilly's Act, Apjjlication under, f(jr, 284. Sale authorised by, 34, 173. Schemes, Alirogation by, of, 22, 45. „ Establishment of, by, 17, 36. And nee Parliamknt. ACTIONS, 283,289; and see Lk(!AI. Pkockdukk. Compromise of, 12(). ADMINISTRATION PROCEEDINGS, 3,281 (2), 288, 292. ADMINISTRATIVE INSPECTION, 87(2); in,d xcc iNBi'KfTloN. ADMINISTRATIVE POWERS of Charity {.■f)mmi88ionerH and Hoard nf Education, 31,32; oikI nee j^ai-niw. 422 IXDEX OF SUBJECTS. ADMISSION OF PUPILS, 16, 28, 57 (2), 83, 234-242, 269-270; and see Patronage. . " ADVERSE " CLAIMS, 281, 291-293 {and cf. 325). ADVOWSON, Sale of, 60,207; and see Livings. AGE OF PUPILS, 53, 82, 234-235. AGE OF SCHOOLMASTERS. See Schoolmasters (Superannuation). AID TO SCHOOLS. See Grants; and Local Authorities (Education Acts). AIR. See Light and Air. i ANNOYANCE, Restrictive covenant against, 151, 152. APPARATUS, 155, 259 n. Endowment in form of, 39. Injury from defects in, 249-251. And see Equipment. APPEALS to— Court from Board of Education (C. T. Acts), 36, 37, 280, 290, 294, 295, 296. County Courts (C. T. Acts), 282, 290, 293, 295. Governing Bodies, 127-131. Judge at Chambers, 281. Trustees, 127-131. Visitors, 113-114. Governing Bodies from Head Masters, 224. His Majesty in Council; see Privy Council. Privy Council from Board of Education (End. Sch. Acts), 48-49. ,, „ Governing Bodies (Public Sch. Acts), 57. Visitors, 109. And see Appellants; and Schemes. APPELLANTS. See Attorney-General; ''Directly Affected" Persons; Governing Bodies ; Inhabitants; " Interested" Persons ; School Officers; Schoolmasters; and Trustees. AREA OF EDUCATION, 96, 236, 240. AREA OF SCHEMES, 41 n. ARMORIAL BEARINGS TAX, 204. ART: Examinations in, 77, 259. Grants for, 77, 80-81. Teaching of, 77, 80. ART CLASS TEACHERS' CERTIFICATE, 259. ART CLASSES, 81, 86, 87 ; and see Science and Art Department. INDEX OF SUBJECTS. 428 ART MASTERS' CERTIFICATE, 259. ASSEMBLY halls :uk1 places, 92, 92 n. (2), 159, 182. ASSESSMENTS, 188, 199. " AT PLEASURE," Dismissal of Schoolmaster, 216, 220 (2), 221, 222, 223. ATTENDANCE, REGISTERS, ETC., OF, 8:?, 163. ATTORNEY-GENERAL, 119, 283, 286 (2), 288 291. BANKING, 15, 135, 167. BANKRUPTCY of parent, 248. BENEFICES. See Clergymen; and Livings. BILLS OF COSTS, Taxation of, 16-1 ; and see Costs. BIRMINGHAM GRAMMAR SLllUUL, Public Statutes relating to, 29, 49. BISHOPS, 10, 264, 265-26G. BISHOPS' TRUSTS SUBSTITUTION ACT, 1858, 121. BOARD, LOCAL GOVERNMENT. See Local Goveknmknt Board. BOARD OF AGRICULTURE, 177. 179. BOARD OP EDUCATION, 76-88. Advice of, 126, 292. Appeals to Court from, 280, 290, 294, 295, 296. „ „ Privy Council from, 48, 57. Charitable Trusts Acts, Functions under, of, 31, 43 47, 7() ; and $cc CllAKITABLE TRUSTS ACTS. Charity Commissioners, Functions of, succeeded to by, 26, 31, 43-44, 76; and nee Charity Ccvimissionehs. Compromises aiitliorised by, 294. Consultative Commiltce of, 78. County Court, Contirmation of (Jrders of, by, 282. Court, The, Application to, by, 291. Exercise by, <>f il« powers. Consent to, of, 293; ami ni'r Appeals to Court from. Education Acts, Functions under, of. 79, 95, 97. 99 n., lOO. KH (2), 102(2). 103, 104 (2). KflSciency, Certificates of, granted by, (i I, 84, 85, 87, 88. Endowed Scbools Acts, FunctiouM untlcr, of, 41, 42. 13 19, 76; mid ncr Endowed Hciiooi.h A(ts. Examinations by, 77, 259. Functions of, 76 79; and nee Charitable 'I'msls Acts; ""'' Kridowed Schools Acts. Governing Bodie.'*, Jurisdiction over, of. See Kndowkd Siilooi.s Actk (Governing Bodies); and Board ok Edi;( ATroN Rkuilationm fok Secondary Schools (Governing Bodies). 424 INDEX OF SUBJECTS. BOARD OP 'EDUCATION— continued. Grrants. See Grants (Parliamentary). Indemnity Iiy, 126, 292. Inquiries, Public, by, 104. Inspection by. See Inspection. Instruction, Provision of, by, 77. Local Authorities, Pi.elations with, of. See Local Authorities (Education Acts). Judicial powers of, 31, 34; and see passim. Privy Council, Appeals to, from, 48, 57. Proceedings, Legal, by, 291. Recognition of Schools by. See Board of Education Regulations for Skcondary Schools. Regulations for Buildings, 158, 158-1«0. „ „ Preliminary Education of Elementary School Teachers, 86, 87, 233, 241, 242, 253. Regulations for Secondary Schools. See Board of Education Regulations FOR Secondary Schools. Regulations for Technical Schools, Schools of Art, Art Classes, &c., 81, 86, 87, 259. Regulations for Training of Teachers for Secondary Schools, 206. Report, Annual, to King, by, 77. Schemes, Jurisdiction as to, of, 15, 31, 34, 77; a'nd see Charitable Trusts Acts; Endowed Schools Acts: and passim. Effect on, of Regulations of, 23, 106-107, 239, 275, 277. ,, Index to, of, 4. Schoolmasters, Jurisdiction over, of; See Charitable Trusts Acts (School- masters) ; Endowed Schools Acts (Schoolmasters) ; and Board OF Education Regulations for Secondary Schools (Teachers). Statutes under which functions of, exercised, 26-27. Trustees, Jurisdiction over, of. See Charitable Trusts Acts (Trustees). Welsh Department, 79. „ Regulations, 82, 86. BOARD OF EDUCATION ACT, 1899, 3, 76, 77, 78; avd see Index to Statutes. BOARD OF EDUCATION REGULATIONS FOR SECONDARY SCHOOLS : Art. I I 1 82. 2 82. 3 82. 4 82, 257. 5 82, 84, 100, 274-276. 6 82, 257. 7 82, 257. 8 82, 257. 9 81, 82, 257. 10 82, 257. 11 82, 258. INDEX OF SUBJECTS. 425 BOARD OF EDUCATION REGULATIONS FOR SECONDARY SCHOOLS— continued. Art. 12 82. )) 13 83, 158, 207, 228. J) 14 83, 228. 5) 15 83, 206. )> 16 83, 2] 4. 17 83, 238, 270. 18 83, 84, 276. 9> 19 83, 85, 238. )J 20 83, 84, 238-240. 1J 21 83, 163. ?) 22 23, 83, 117. J) 23 83, 84, 267, 269. )? 24 83, 84, 1U6. ?J 25 83, 87, 163. )) 26 83. )) 27 25, 83, 85, 8(5, 87, 96, 258. JJ 28 83, 85. )> 29 83, 158. )) 30 83,98. )» 31 83. 5) 32 83, 257. ») 33 83, 257. 5> 34 83, 163. " )) 35 83. 36 84 (2). 37 84, 163. J» 38 84. 11 39 84. 40 84. »> 42 84 (2). )1 43 84 (2). 1) 44 84. )» 47 84. >> 48 84. )> 50 84, 85. 1» 51 84, 85, 88, 158, 214, 210. ») 52 84, 85, 88, 97, 228. J) 53 84, 85, 88. 54 84, 85, 88. Appendix, 85, 240. AccouiitH, 83, 163. AdmisHion of pupils, 83, 238. Attendance RcKistcrfl, 83, 84, Hi3 IJoarderH, 83, 88. Building.s, 158, 158-160. . Documents, 83, 87. Efficient Schools, 61, 84, 85, 87, 88. Equipment, 83, 158. Examinations of pupils, 82, 83, 258. Exhibitions, 258. Fees, 83, 85, 238-240. Free places, 83, 84, 238-242. Governing Bodies, Denominational character of, 83, 84, 267. ,, ,, Representative character of, 83, 84, 106. Grants ; see Grants (Parliamentary) and passim. In.*pection, 5, 55, 83, 84, 87-88. Leaving age of pupils, 82. Length of School life, 82. Local considerations, 83. Tjocal Education Authorities, Relations of Board with, 83, 88, 97, 98, 100, 106-107. Management, 23, 83. Number of pupils, 83. ,, teachers, 83, 207. Organisation, 82. x Premises, 83, 158. Private profit, 83, 85. Public elementary scholars, 83, 84, 238-240. Pupils ; see 2^assiin. Recognition of Schools, continuance of, 84, 88. Records of pupils, 83, 163. ,, teachers, 233. Registers of attendance, 163. Religious beliefs of parents and pupils, 270. ,, instruction and worship. See Denominational Religious Instruction and Worship. Religious qualifications of governors and teachers. See Denominational Character. Reports on Schools, 84, 88. Representative character of governing bodies, 83, 84, 106-107. Returns, 83, 163. Rural Schools, 82. Sanitary arrangements, 158-160. Schemes, 23, 83 ; and see Board of Education (Schemes). INDEX OF SUBJECTS. 427 I) KOAKD OF EDUCATION REGULATIONS FOR SECONDARY SCHOOLS— continued. Scholarships, 258 ; and see Free Places. Schoolmasters and Sclioolmistre.=!ses. See Teachers. Session, 82 ; and see Year, School. Staff. See Teachers. Subjects of instruction. See Curriculum. Teachers, Denominational character of, 83, 84, 269. Duties of, 83, 228. Number of, 83, 207. Qualifications of, 83, 20-1-207. „ Records of, 233. „ Salaries of, 83, 214. TraininK of, 83, 206. Time Table, 82, 83, 257. Vaccination, 233, 253. Waiver of Regulations, 84, 84-85. Year, School, 83 ; and see Session. HOARD OF GUARDIANS, 106. ROARD OF TRADE, 65,80, 171. HOARDERS. See Bo.\ri>ing of Pupils. BOARDING OF P C PI LS, 18, 57, 83, 88, 234-237, 240, 242, 277. Fees for, 1, 240, 243, 246. And see Boaruing Houses. ROARDING OF SCHOOLMASTERS, 88. HOARDING HOUSES : Inhabited House Duty, 196. Male Servant Tax, 203. And see Boarih.ng ok Piimls. HOARDING SCHOOLS. Sea Boarding of Pli-ils; avd Boarimng Hotsh.s. HOOKS, SCHOOL, 1 1<>, 228, 240, 257. Allowances for, 90, 210 n. HOROL'GH COUNCILS, 89, 96, 99, 106, 296. And see CouNTV (and County Borough) Councii-h ; Loual ArTiK.KniKs ; and Municipal Corporations. HOROU(;ii HATE. 99. BORROWING. Src Ciiakgk- on I, a.m.; La.nd (Morl>raKo») ; awl Luanh. HUILDING ACTS, 89 92. BUILDING LEASES, 170. 1 428 INDEX OF SUBJECTS. BUILDINGS: " Alterations and additions, 58, 168 ; and see Improvements ; and Eepairs. Board of Education Regulations, 158, 158-160. Breaking into, 184. Charitable Trusts Acts, 168 ; and see Endowed Schools ; and Repairs. Court, Jurisdiction of, 155-156. Covenants. See Covenants. Endowed Schools, 158-160. Endowed Schools Acts, 39, 157 ; and see Endowed Schools. Endowment in form of, 39. Grant-aided Schools, 158-160. Improvements, 59, 164, 168. Injuries from defective, 249-251. Lessees' alterations, 155. Light and air. See Light and Air. Local Authorities (Education Acts), 98. Mortmain and Charitable Uses Acts, 75. Public Health Acts, 89 94. Public purposes, user for, 98. Public Schools Acts, 58. Removal, 59, 168. Repairs, 59, 79, 88, 164, 168 (2). Restrictive covenants. See Covenants. Safety of, 254. Sanitary arrangements, 16, 57, 88, 90-92, 158, 158-160; and see Infection. School Grants Act, 79. School Sites Acts, 79, 88. Schoolmaster's residence. Sec Schoolmasters. Visitors, Jurisdiction of, 110. And see Building Acts; Building Leases; Building Works; and School House. BUILDING WORKS, 168 169. BURGLARY, 184. C/. 260. BURSAR OF A SCHOOL (Income Tax), 188. "BURSARS," 240-242. "BUSINESS," A School as a, 151, 152, 180; and see "Trade." CADET CORPS, 260. CAMBRIDGE UNIVERSITY, 52, 238 ; aiid see Universities. CAPITAL EXPENDITURE, 101, 104, 131, 164. CAPITAL, SHARE, 85. •CARETAKERS, 197. INDEX OF SUBJECTS. 42^ CATHEDRAL SCHOOLS, 50, 201-262, 273. CENTRAL WELSH BOARD. 55, v8. CHAMBERS, JUDGE AT: Appeals from, 281. Applications to, 120, 123, 281 (2), 288, 290. Who may make, 293, 295, 296. CH.\NCERY, COURT OF, ami CHANCERY DIVISION, 280, 282, 283; and see Court, Jurisdiction of the. CHAPELS, SCHOOL, 92 (im.), 264. CHAPELWARDENS, Conveyance of School to, 67, 68. CHAPTER SCHOOLS, 37. CHARGES ON LAND, 85 n., 171,281; a»d see L.\xi. (Mortpaffos). CHARITABLE CORPORATIONS AND COMPANIES. 10 11. CHARITABLE DONATIONS REGISTRATION ACT. 1812. 3. CHARITABLE FUNDS INVESTMENT ACT, 1870, 165. "CHARITABLE PURPOSES" (Ta.xes), 189-194.191. CHARITABLE TRUSTEES INCORPORATION ACT, 1872, 65, 74, lie. 1 17. 126, 187. CHARITABLE TRUSTS (or Uses or Pubi'oses), 2, 29, 69 ; and »ce Charitaki.k: Uses, Assurances to. CHARITABLE TRUSTS ACTS, 3, 27, 25>-3S, 4:{-47, 234; and see Ii.de.M t<> Statntes, 1853, 185.5, 1860, 1862, 1869, 1887, 1891. an.l 1894. Accounts, 162, 163. Acquisition of preniisos, 156-158. Administrative powers, 31, 32, 33 ; and Bee pafmiin. Appeals from Board of Education to Court, 280, 29(>, 294. 2!»6. County Court to Court, 282, 290, 293, 295. Board of Education, Functions of. See Boakh of Eiiuc atiox. liuildirif^H, 157; and see BiMM)iN(is (Endowed Sclioola). Cathedral, Collegiate, and Chapter ScIiooIh, 37. Charpea on land, 166, 167. Charity Commissioners, Fimction.>< of. .Sec Cmakitv Co.MMlHsi(iMi:i{s. Church of England, 266. Costs, Bills of, 164. Court, Jurisdiction of, 30, 35, 280, 281 rl gc]. Definitions, 29 30. Documents, 162. Endowed Schools Acts, DietinctionH from, of, 43-47. Examinations of jtupils, 258. 430 INDEX OF SUBJECTS. CHARITABLE TRUSTS ACTS— continued. Exchanges of lands, 34, 176-177. Exemptions, 37-38, 111. Expenditure, 164. Inquisitorial powers, 31, 33, 46. Inspection of Schools, 46, 87. Investments, 165, 166. Judicial powers, 31, 34 ; and see passim. Land. See Premises. Leasings, 34, 170. Missionary Societies, 264. Mortgages, 166, 167. Objects of the Acts, 30. Official Trustees. See Official Trustee of Charity Lands; and Official Trustees of Charitable Funds. Parents and Pupils, Religious beliefs of, 270. Partitions of land, 178. Premises. See Acquisition of premises ; Buildings ; Charges on land ; Exchanges of lands ; Leasings ; Mortgages ; Partitions of land ; and Sales. Purchases. See Acquisition of premises. Religious beliefs of parents and pupils, 270. ,, ,, ,, Schoolmasters, 268. „ Trustees, 266-267. bodies, 261, 263. ,, iustruction, 272. Rent charges, 165-166. Returns as to property, 163. Roman Catholic Charities, 263. Sales, 34, 173-174. Schemes, 22, 31, 35-37, 42 n., 44, 45, 47, 210, 267 ; and see passim. Schoolmasters, Appointment of, 209, 210. Dismissal of, 219, 220, 223, 224. „ Ejectment of, 226. „ Pensions of, 225. „ Religious beliefs, Ac, of, 268. „ Remedies of, 227. Schools to which the Acts apply, 29, 30. Summary of the Acts, 31-35. Trustees, Appointment of, 120, 121, 122, 267, 285. ,, Definition of, 116. „ Duties of, 126-127. ,, Jurisdiction over, 130. ,, Powers of, 126-127. ,, Religious beliefs of, 266. Removal of, 123, 124. Visitors, 111, 112. Voluntary Contributions, 37, 191, 297-302. Witnesses, 163, INDEX OF SUBJECTS. 431 CHARITABLE USES. ASSURANCES TO, 7, 62, (>f)-74, 138, 157, 285. Exemptions from rcquiremonts as to, 74-75, 157, 1G5. CHARITIES, Jurisdiction of Court in respect of, 2-3, 119, 123, 2S0 ; diid see passim. CHARITIES PROCEDURE ACT, 1832, 119. CHARITIES, REGISTRATION OF, 3, 4. CHARITY COMMISSIONERS, 31-34, 41, 131, 132. 134; nvd see Boarii of EDUCATION; CHARITABLE TRUSTS ACTS; and EnDOWKD SCHOOT.S ACT.S. CHARITY, DEFINITION OF, 29. CHARITY INQUIRIES (EXPENSES) ACT. 1892, 33, 108. " CHARITY SCHOOLS " (Inh.abited House Duty), 195. CHARTERHOUSE SCHOOL: Founding of, 9. Public Statutes relating to, 29, 49, 50. CHARTERS OF INCORPORATION, 9. 14, 64; a»K? se*- Royat, Charters. CHEQUES (Pupils' Fees), 248. CHORISTERS, SCHOOLS FOR, 51. CHRIST'S HOSPITAL : Founding of, 9. Public Statutes relating to, 29, 49, 201. CHURCH OF ENGLAND: Governors, 59, &). Members, 260 267. Parents, 234, 269. Schoolmasters, 60, 268. Schools, 21, .28, 08 (2), 234, 271. Trustees, 122. And nee Clergymkn ; and Remgious Requikemk.nts Axn Rkstkktions. CHURCHWARDENS, Conveyance of School to, 67, 68. CITV OF LONDON PAROCHIAL CHAHITIES ACT, IN'.i L'H n. CLASSES for instruction. Size of, 83, 158; and nee ClA8.hroom8. CLASSES, SOCIAL, 40, 43, 49, 129, 234. CLASSROOMS, l.')H (2); ttnd »ee Ci.ASSEtt for inatruction. CLEIUiYMEN, 206, 2(;7, 268 (2); nnd m-c Livings ; MlNlsTKRft ok Un.i.iios ; ORDINATION; and PARISH. CLOSING OF SCHOOLS: Permanently, 18, 19. Temporarily, for infection, 82,93,251. 432 INDEX OF SUBJECTS. CLOTHES OF PUPILS, 243, 252. COLLEGES, 10, 13 n., 46, 52, 96, 116, 238, 273 ; and see Universities. COLLEGIATE CHURCH SCHOOLS, 50, 261-262, 273. COMMITTEE OF COUNCIL ON EDUCATION, 48, 77, 80. COMPANIES ACTS, 10, 11, 12, 37, 65-66, 85; and see Index to Statutes, 1862, 1867, 1890, and Addenda. COMPANIES, CHARITABLE, 10-11. COMPENSATION to Schoolmasters for personal injury, 230-232. COMPETITION BETWEEN SCHOOLS, 25, 86, 96. COMPETITION OF SCHOOLMASTER WITH HIS FORMER SCHOOL, 211, 229-230. COMPROMISES OF ACTIONS AND CLAIMS, 126. COMPULSORY SALE AND PURCHASE OF LAND. 102(2), 103 n., 17:. and see Lands Clauses Consolidation Act, 1845. CONSCIENCE CLAUSES. See Religious Requirements and Restrictions. CONSULTATIVE COMMITTEE of Board of Education, 78. CONTENTIOUS CASES, 34. CONTRIBUTORY NEGLIGENCE, 248, 251. CO-ORDINATION OF EDUCATION, 95, 97. COPYHOLD, 132; and see Land (Enfranchisement). COPYRIGHT : Books, Educational, 60. Dramatic, 182. Musical, 182. Photographic, 184. CORPORAL PUNISHMENT, 254-256, CORPORATIONS, 10-14. Aggregate, 10. Charitable, 10. Charitable Trusts Acts in relation to, 30. Charitable Trusts of, 12, 13. Creation of, 12. INDEX OP SUBJECTS. 4:VA CORPORATIONS— co7i/mue(Z. Dissolution of, 14. Ecclesiastical, 10, 67, 68. Membership of, 13. Scholars as, 13. Schoolmasters as, 10, 13. School property vested in, 2, 8, 67; , 294. 29r,, 2dr>. Board of Hducation, Legal ]iroc'CfHlings liy, 291. „ „ Sanction of, to legal proceeding.s, 291 29 1-. Buildings, 15.5-1 .'iO. Charges on Land, 166. Charitable Trusts Acts, 30, 35, 28(J, 281 rt sc/. Charities, 2-3, 119, 123, 280; and xer puHsim. Disuse of, 34, 45-46. Endowed Schools Acts, 45-46. Exchanges, 34, 176. Governing Bodies, Appointnicnt of, 122. „ ,, Functions of, 127 131. Grammar Schools Act, 28, 218, 225, 226, 265, 284. LeasingH, 34, 128, 169. Mortgages, 1 5(5, l(i6. Parti tioMH of Land, 178. Purchases of Land, 156. Restriction of. .See Dihuho nf Sales, 3i, 171 172. Schemes, 17-21, 34, 45-46, 281, 288. 2S 434 INDEX OF SUBJECTS. COURT, JURISDICTION OF TKTS,— continued. Schioolmasters, Appointment of, 208. Dismissal of. See Tenure of. Emoluments of, 212. Qualifications of, 206-207. Religious beliefs, &c., of, 268. Tenure of, 215-227. Trustees, Appointment of, 31, 34, 45-46, 119-120, 121. „ Functions of, 127-131. „ Qualifications of, 117. ,, Religions beliefs of, 266. Removal of, 123, 124. Vesting Orders, 120, 131, 160. Visitors, 113-114. And see Attorney-General ; Chambers, Judge at ; Chancery, Court of, and Chancery Division ; County Courts ; Durham Palatine Court ; Funds in Court ; and Lancaster Palatine Court. I COVENANTS Affecting premises, 103, 148-152, 154. For Sale in Lease, 154. Damages for breaches of, 155. For renewal of Lease, 154. ■ CROWN, THE. See King. i CURRICULUM, 16, 20, 39, 130, 243, 257-258. Board of Education Act, Inspection under, of, 77. „ ,, „ Regulations for Secondary Schools, 82, 83, 88, 257. Grammar Schools Act, 28. Public Schools Acts, 57. And see passim for the various subjects of instruction. CUSTODY OF PUPILS, 256. CUSTOM OF LONDON, 64, 141. CUSTOM OF YORK, 141. CYPRfiS DOCTRINE, 7, 45, 288. DAY SCHOLARS, 57, 83, 234; and see Day Schools. DAY SCHOOLS, 83, 196, 203, 234; and see Day Scholars. DEAN AND CHAPTER, 262. DEED. See Charitable Uses, Assurances to. INDEX OF SUBJECTS. 435 DEPINITIONS AND MEANINGS. See "Adverse" Claims; "Bursars"; "Business"; "Charitable Purposes"; Ch.irity; " Charity Schools" ; "Correspondent"; "Directly Affected" Persons; "Domestic Purposes"; "Due Regard"; "Dwelling House"; "Efficient" Schools; Endowed Schools; Endowment; "Expressly Forbiddkn " Investments; "External" Candidates; Governing Bodies; "Higher" Education; "House"; Income from endowment; "Interested" Persons; Land; Male Servants (Taxation); "Mixed" Endowments; " Municipalized " Schools ; Ordinary, The ; " Pleasure," Dismissal of Schoolmaster at; "Preparatory Classes"; Public Buildings; Public Purposes; Public Schools; Secondary School; "Servant or other Person"; "Statutes," School; "Student Te.\chers"; "Suit OR Matter actually Pending"; "Trade"; Trustees; and Voluntary Contributions. DEGREES, UNIVERSITY, 206. DENOMINATION, RELIGIOUS. Sen Church of England; Dissenters; Jewish Schools ; Religious Requirements and Restrictions ; and Roman Catholics. DBTENTION OF PUPILS, 256. DIOVISE. See Land (Acquisition). " DIRECTLY AFFECTED" Persons, 32, 48, 57. DISAIUJNG STATUTES OF ELIZABETH, 169, 170, 173. 177, 179. DISCIPLINE OF PUPILS, 16, 17, 128, 228, 243 (2), 254 257. DISCIlETION.\RY POWERS : Hoard of Education, 37. Cliarifcy Commissioners, 37. Governing Borlics, 50 (2); (iii'l sec TriisLeGB. Schoolmasters, removal of, under, 215, 216, 217, 219. Trustees, 130(2). 131,219. DISS ENTERS: (iovernors, 266. Parents, 268, 269, 270, 271. Schoolmasters, 268. Schools of, 262 2()4, 266. Trustees, 266. And HPe Church ok England; and Ki iiniors Hi^iikkmkm- »^«' REaXRICTIONS. DIVIDENDS, 135, 194, 195; and ^cr iNfOME. 436 INDEX OF SUBJECTS. DOCUMENTS: Enrolnienfc, 71, 74, 75, 161. ExecuLion, 71. rroduction, 83, 162-163. Stamping, 187, 244. "DOMESTIC PURPOSES" (Wabei- Supply), 180, 181. DRAMATIC PERFORMANCES, 182-183. DUCHY OF LANCASTER: Patronage of Si'hool, 24. Palatine Court of, 282, 290, 293. [And see p. 367]. "DUE REGARD," 43,49. DURHAM PALATINE COURT, 282 n. " DWELLING HOUSE," 92 n., 180. DUTIES. See Taxation affecting Schools. WARNINGS by objects of a Charity, 302. EASEMENTS, 140-148. ECCLESIASTICAL CHARITY, 10 n., 36. ECCLESIASTICAL COMMISSIONERS, 60, 155, 214, 262 (2) ; and see Index to Statutes : Ecclesiastical Commissioners Acts, 1840, 1860, and 1866. p]CCLESIASTICAL CORPORATION, 10, 67, 68, 173, 178. EDUCATION. See Elementary Schools, Public: ; Secondary Education: Technical Education; and passim. EDUCATION ACTS, 79, 90, ;)5-104-, 105- 106; and see Index to Statutes. 1902, 1903, and 1907; and Local Authorities (Education Acts). EDUCATION, BOARD OP. See Board of Education. EDUCATION COMMITTEES OF LOCAL AUTHORITIES. 100, 233. EDUCATION DEPARTMENT, 77, 80. KFFLCEENCY, CERTIFICATES OF, 85, 87, 88: and see "Efficient" Schools. "EFFICIENT" SCHOOLS, 84; and see Efficiency, Certificates of. ELEEMOSYNARY. See Charitable; Chariiies; <7jit( Charity. I INDEX OF SUBJECTS. VM ELEMENTARY EDUCATION. See Elementary Schools, Piblk-. ELEMENTARY SCHOOLS, I'lBLlL' : Scholars from, 83, 84, 238. Teachers in, Prelimiiiavv (Mlucation of, hi Secondary Schools, 9(3,241 212. 2r)3. ELIZABETH. STATUTE OF. KiOl . 29. 31 . (iO. 69, 193. ENDEMIC DISEASES, 93. ENDOWED SCHOOLS, 1, 3. 7. 27, 30. Detiuition of, 39. And see Ch.\rit.able Trusts Acts; Exdowed Schools Acts; Gkammak Schools; (ind Pcblic Schools. ENDOWED SCHOOLS ACTS, 3, 3S 55, 234; uud .-ee Index to Statutes, 1860, 1868, 1869. 1873, 1874, lS7r). and 1908; and Wklsh Intkrmediate Education Act, 1889. Appeals to Privy Council, 48. Board of Education, Functions of. Sec Roakd ok Ki>i(ATIon. Ruildings, 158-160. Cathedral Schools. 50, 262. Chapels, 264. Charitable Trusts Acis, Distinctions from, of , 43 47. Choristers' Schools, 262. Collegiate Church Schools, 50, 262. Delinitions, 38 39, 115, 238. Examinations of pupils, 258. Exemptions, 49 53, 277 279. Exhibitions, 38, 39, 43, 46, 52, 238. (ioverninK Bodies, Appointment of niciiibfis of, 122.^ Constitution of, 52, 53, 116 118, i;67. Discretionary powers of, 50 (2). Dissolution of, 118. Powers of. 41, 42, 43, 45, 47 49, 127. ,, Oualilications of, I 16, I 17. RcHkious beliefs of iiieniberH of, 267, 277 279. „ Hemoviil of membeis of, 125. Vested interoKis of tiicmberH of, 117. Inspection of Schools, 4<>. Ministers of Religion, Education nf, 264. Moravian Schools, 267. Objects of the Acts, Ui II. Ordinary, The, 266. Parents and pupils, ReligiouM beliefs of, 270. i'livy Council, Appeals to, 48. (Quaker Srdiools, 267- Religious b<-liefs of parents and inipils, 270. ,. (Jovernors, 267. 277 279. 438 INDEX OF SUBJECTS. i ENDOWED SCHOOLS ACTS— continued. RoHgious beliefs, &c., of Schoolmasters, 269, 277-279. ,, instruction and worship, 272-273, 277-279. Si-hemo.s, 22, 40-53, 228 ; and see 'passim. Scholarships, 238 ; and see Exhibitions. Sclioolmasters, Appointment of, 209-210. Dismissal of, 219-220, 222. ,, Pensions of, 225. Powers of, 228. Religious beliefs, &c., of, 269, 277-279. ,, Vested interests of, 213. * Schools to which the Acts apply, 38-39. Summary of the Acts, 40-41. Visitors, 112. Voluntary Subscriptions, 50 (2). ENDOWED SCHOOLS COMMISSIONERS, 41. ENDOWMENT : Definitions, 30, 38, 298-302 ; and see Income from Endowment. Educational, 1, 2, 5, 7, 8, 22, 76 ; and see " Mixed " Endowments. ,, Definition of, 38. "Mixed." See "Mixed" Endowments. Non-educational, 45, 50, 76; and see "Mixed" Endowments. Temporary, 8, 30. And see Charitable Trusts Acts; Endowed Schools; o«ci Endowed Schools Acts. ENFRANCHISEMENT. See Land. ENGLISH LANGUAGE AND LITERATURE, 52, 257. ENROLMENT OF DOCUMENTS, 71, 74, 75, 161. ENTERTAINMENTS, 182, 183. EPIDEMIC DISEASES, 93, 94. EQUIPMENT, 79, 83, 155, 158; and see ApparAtu.s. ESTABLISHING OF A SCHOOL, 7-25. ESTATE DUTY, 186. ETON COLLEGE : Founding of, 9. Public Statutes relating to, 3, 29, 38, 49, 50, 55-01, 202. EVIDENCE, Taking of, on Inspection, 46. i INDEX OF SUBJECTS. 439 EXAMINATIONS OP PUPILS, 16,55,240,241,242,258-25*.). Entrance, 16, 237, 240. Science and Art, 77, 259. And see Exhibitions; and Scholarships. EXCHANGES OF LANDS. See Land. EXEMPTIONS from- Armorial Bearings Tax, 204. Bishops' Trusts Substitution Act, 113. Charitable Trusts Acts, 37-38, 111. Duty on Property of Corporate and Unincorporate Bodies, 19 k Endowed Schools Acts, 49-53, 277-279. Estate Duty, 186. First fruits, 202. Grammar Schools Act, 29. Income Tax, 189-194. Inhabited House Duty, 195-199. Land Tax, 201. Legacy Duty, 185. Male Servant Tax, 202. Mortmain and Charitable Uses Act (Pt. I., Mortmain) 64-69. „ (Ft. II., Charitable Uses), 74-75, 157, 165. Rates, 199. Registration (of Charities), 3 n. Succession Duty, 185. Tenths, 202. EXHIBITIONERS. See Exhibitions. EXHIBITIONS, 110, 21 :i, 234, 235, 236, 237, 238; and see Scholarships. Board of Education Regulations, 258. Endowed Scliools Acts, 38, 39, 43, 46, 52, 238. Governors, Jurisdiction of, as to, 129. Public Schools Acts, 58, 59. KXF'KNUITUliE, 161 ; a«d we Caimi ai, Kxi-i NDrruKio. KXPIRING LAWS CONTINUANCE ACTS, R), 54. • KXPRESSLY FORHIODEN" Invcstniciits, 165. KXI'ULSION OF ruriLS, 228,257; "'"' ■-'•'• Dimiim.ink ok Prni.s, ••KXTEF?NAL" CANDIDATES, 259. !■ K KS ; Boarding, 1, 57, 216, 247; niul sen MoAKDrNr; ok I'iiimls; iiml Hoahihmj Houses. Entrance, 24^. 1 440 INDP]X OF SUBJECTS. P'EES — continued. Tnifcion, 1, 16, 234, 236, 237^242, 243 (2), 246-248. Board of Education Regulations, 83, 85, 238. Income Tax on, 194. Inhabited House Duty, Effect on, of, 195. Local Authorities, Schools of, 99 n. Public Schools Acts, 57. "Voluntary Contributions," Inclusion among, of, 300, 302. Atid i>ee Founimtioners ; Free Schoiabs ; and Scholarships. FIRST FRUITS, 202. FIXTURES, TENANTS', 155. FLOOR SPACE, 159. FORMALITIES OF ASSURANCES, 70, 75, 133, 160. FOUNDATION OF SCHOOLS, 7-9 ; and see Founders. FOUNDATIONERS, 57 (2), 58, 59, 75; and see Free Scholars; avd Scholarships. FOUNDERS : Intentions of, 17, 19 (2), 20, 30. Patronage vested in, 24. Schemes, 15, 21, 54. Subscribers as, 8. Visitatorial powers of, 112. FREE PLACES. See Free Scholars. FREE SCHOLARS, 18, 24, 83, 84, 97, 234-237, 238-242 ; and see Foundationers ; and Scholarships. FUNDS IN COURT, 165, 285-287, 291-292 GAMES, 158, 249; and see Playgrounds and Playing Fields; and Recreation. GEOGRAPHY, 257. GIFT. See Land (Acquisition) ; and Personalty. GIRLS, Education of, 22, 40, 82. goodwill; 229-230. GOVERNORS. See Governing Bodies. GOVERNING BODIES, 115-136. Appeals by Assistant Masters to, 224. by, 48. Appointment of members, 122; and see Coustitutioi. and qualifications. i i INDEX OF SUBJECTS. 441 <;OVERNTNG BODIES— co»i«mwe(Z. Board of Education. See Board of Eijucation Regulations for Seconhakv Schools; and Endowed Schools Acts (Governing Bodies). Constitution aTid qualifications, 15, 23, o6, 59, 105-107, IKJ-llH. Court, Jurisdiction of, ovei% 127 131. Definition, 115-116. Discretionary Powers, 50 (2) ; and see Discretionary Powers. Dissolution, 56, 118. Duties, 125-127. Kndowcd Schools .\cts ; see Endowkd Schools Acts. Kxhihitions, 129. Incorporation, 14, 5(), 1 17. 126. liocal representation on, 105 107. Meetings, 15. Ordination of members of, 267. Patronage vested in, 24, 43, 54. Powers, 59, 9R, 125 127, 227, 22S, 251, 258, 271. Proceedings, Legal, by, 48. QualiQcations. See Constitution and qualifications. Regulations by, 15, 16 17, 57; and see Schemes; and Statutes by. Religious beliefs of, 15, 59, 60, 83, 84, 2(>6 26S, 277 279. „ „ „ persons appointing members of, 268. Removal of members, 109, 125. Representative members, 83, 84, 105-107, 116. Schoolmasters, Jurisdiction over. See SchoolmAvSTERs. Schemes, Relation to, of, 15, 19, 47-49, 51, 54, 126. Statutes by, 19, 56, 57, 58; and see Regulations by ; and Schenirs. Vested interests of members, 59, 117. Visitatorial powers of, 111, 127 129. Visitors, Jurisdiction of. over, 109 110. Anil rf. Trl'stkes. <:RAMM.\R schools, 9, 27, 39, 50, 51, 8I, 215, 234, 235, 257; and s,;- p].NDowEi) Schools; (Jkammak Schools Acts; and "J'uiiLic" Schools. ^JRAMMAR SCHOOLS ACT, 1840, 3,27 29,30,39,50. 51, 68, 234, 271, 284 (2) and srr Index to Statutes. HishopH, 265; and sea Ordinary, The. Cathedral Schools, 261 . Church of Knglaiul, 28, 234. Collegiate Church Schools, 261. Court, Jurisdiction of, 28, 218, 225, 226, 265, 284. Currii:ulniri, 28. DelinitioiLS, 115. Examinations, 25H. ExciiiptionH, 29. • Objects of the Act, 28. Ordinary, T)ie, 208; and see Bishops. Religions instruction and wornhip. 272. 4,4,2 INDEX OF SUBJECTS. (UlAMMAR SCHOOLS ACT, ^840.— continued. Retarns, 228. Schemes, 28. Schools to which the Act was applicable, 27. Schoolmasters, Appointment of, 208. Dismissal of, 39, 218. Duties of, 28, 228. „ Ejectment of, 225. „ Emoluments of, 28. ,, Licensing of, 208. ,, Pensions of, 224. „ Qualifications of, 207. Summary of the Act, 28. Visitors, 110, 112, 114. GRANTS : Local Authorities, By. See Local Authobitiks (EDUCATIO^f Acts), Aid front Parliamentary — Art Classes, 4, 81, 86, 87. " Bursars," 242. Central Welsh Board, 55. Endowed Schools, 23. Fees, Scale of. Effect of, on, 85. History, 79-81. Income Tax, in relation to, 194. Inspection, a condition of, 87. - Local Authorities, 99 n. " Public " Schools, 61. Pupil Teachers, 242. Scales, Higher and lower, 84, 85. Science Schools and Classes, 4, 80, 81. Secondary Schools, 1, 4, 81, 99 n; and see Board ok Edvcation' Regulations for Secondary Schools (■passim). Technical Schools and Classes, 86, 87; and see Science Schools and. Classes. Training Colleges, 206. Welsh Schools, 54, 55. A7ui see School Grant.s Act ; and School Sites Acts. " Voluntary Contributions," Inclusion among, of, 3C0, 302. CREEK, 27, 28, 257. GUARDIAN. See Parent. GUARDIANS, BOARD OF, 106. HARROW SCHOOL : Founding of, 9. Public Statutes relating to, 29, 49, 50, 55-59. INDEX OF SUBJECTS. 44'^ HEAD MASTER. See Schoolmaster. HEALTH OF PUPILS, 77 : and see Bitildi.ngs (Sauitary Arrangenients) ; Endemic Diseases; Epiuemic Diseases; Illness of Pupils; Infection;. Public Health Acts; and Ventilation. "HIGHER" EDUCATION, 95. HIS MAJESTY IN COUNCIL. Sec King (in Cdin.cil). H^^TORY (teaching), 258. HOLIDAYS, 16, 57. HOLY ORDERS, See Clergymf.n ; and Ordination. HOME SECRETARY. See Secretary of State. "HOUSE," 92 n; and see "Dwelling House." HOUSES : Endowments in form of, 39. ^nd see Buildings; Hoarding Houses; "Dwelling House"; "House";. School House ; Schoolmasters (Residence). HOUSEWIFERY, 82. ILLNESS OF PUPILS, 247; and see Health of Pupils. ILLNESS OK INFIRMITY OF SCHOOLMASTERS, &c., 212, 21b, 219 (2), 224. IMPROVEMENTS TO PREMISES, 59,164,168; and see Buildings. INCOME: Administration and api.lication of, 50, 57, 58, 115, 128, i:U. UVA, i:<5, lOJ-. From endowment, 8, 191, 195, 297 302. Increase of, 17-19. Of Local Authorities (Education Acts), 99 n. INCOME TAX, 187-194. INCOKl'OKA'riON, 9, 12, II, 12(); and see Corporations. INCORPOREAL RIGHTS, 137, 138, 1*40-148. INCUMBENT OF PARISH, 59, 207 ; and see Clkkgymkn. INFANTS (Minors), 212, 246. INFECTION, 82, 92, 93-94, 251-263. M4{ INDEX OF SUBJECTS. IN [I'lUMlTY. See Illnkss or Infirmity of Schoolmasters, Ac. INFORMATION, PROCEEDINGS BY, 283. INHABITANTS, 35, 48 ii., 49, 58, 234, 236, 237, 264; and see Local CoiNsidera- TioNS; London, Citizens of; and Parish. INHABITED HOUSE DUTY, 195-199. INJURY, PHYSICAL: Ptipils, 248-251. Schoolmasters, 230-232. • IN(2U1RIES. .See Inquisitorial Powers; and Inspection. JNQUISITORIAL POWERS, 31, 31 n., 33, 46, 104, 162-163; and see Insi-ectioK. INSPECTION, by- Board of Educatiou, 5, 46, 55, 87-88. Central Welsh Board, 78. Local Authorities, 5, 98. « And see Inquisitorial Powers; and School Sites Acts. INSTRUCTION, SUBJECTS OF. See Curriculum. , INTEREST on share capital, 85 n. " INTERESTED " PERSONS, 296. INTERNAL ADMINISTRATION, 16. Court, Jurisdiction of, 127-130. Governors, Jurisdiction of, 127-130 Schoolmasters, Jurisdiction of, 17, 227-228. Visitors, Jurisdiction of, 19, 110, 127 130. INVESTMENT, 165-166, 287, 299, 30O, 301. IRELAND, Statutes extending to, 26, 93, 141. JEWISH SCHOOLS, 262. JOINT EDUCATION COMMITTEES, 54 (2). JUDGE AT CHAMBERS. See Chambers, Judge at. JUDICIAL COMMITTEE OF PRIVY COUNCIL. See Appeals to Privy Council. , JUDICIAL POWERS of Charity Commissioners and Board of Education, 31, 34, 280-281 ; and sec Inde.v to Statutes : C. T. Act, 1860. JUDICIAL TRUSTEE, 136. JUSTICES OF THE PEACE, 67,183,225-226. INDEX OF SUBJECTS. 445 KING (or "Crown") : As Parens patriie, 2, 21, 288. „ Patron, 24. „ Visitor, 42, 52, 112. Attorney-General as representative of, 283, 288. Board of Education, Annnal Report of, to, 77. In Council: Endowed Schools Acts, 48,49 (2), 272. Pnblic Schools Acts, 57 (2), 58 (2). Mortmain, Licences in, granted by, 63. And see Royal Charter.s; and Royal Foundations. LANCASTER PALATINK COURT, 282, 290, 293. LAND : Acquisition, 137-160. Charitable U-ses. See Charitable Uses, .Assurances to. Gift: Ecclesiastical Coinniissioners Act, 155. Mortmain and Charitable Uses Act, 71, 72. School Sites Acts, 66, 68, 75. And see Acquisition (Will). Leasehold. See Leases, Taking of. Local Authorities, By, 102, 103. Mortmain. See Mortmain. Purchase. See Purchases. Will : Custom of London, 64. Mortmain and Charitable Uses Acts, 70, 72, 73, 133, 285, 293, 294. Alienation, 15, 1(59-178; and see Exchanges; Leasings ; Mortgages; Partitions ; and Sales. Local Anthoritios, By, 104. Appropriation by Local Authorities, 102-104. Assurances. See Acquisition; and Alienation. Charges on, 85 n., 171, 281 ; and see Mortgages. Charitable Uses. See Charitable Uses, Assurances to. Copyhold. See Enfranchisement. Covenants affecting, 103, 148-152, 154. Court, Jurisdiction of. Sec Exchanges; Leasings: Mortgages; rarlitions ; Purcliasf'B ; Sales. Definition (Mortmain and Charitable Uses Acts), 63-64, 71, 72, 73. Endowment in form of, 30, 3H, 299. Enfranchisement, 6<). JJxchanges, 176-178. Act of Parliament, 34. Board of Agriculture, 177. Charitable Trusts Acts, 34, 17(i 177. Court, Jurisdiction of, 176. Pnblic Schools Acts, «^'c., 5H, 60. School Grants Act, 178. School Sites Acts, 178. 446 INDEX OF SUBJECTS. LAND — conUnued. Formalities in acquisition of, 70-75, 160, 161, 162. Improvements. See Premises. Leases, Taking of, 152-155; and see Lessee. Charitable Trusts Acts, 157, 158. Mortmain and Charitable Uses Acts, 6-i, 73. Leasings, 169-171. Act of Parliament, 34, 170. Charitable Trusts Acts, 34, 170. Court, Jurisdiction of, 34, 128, 169. Education Acts. See Alienation by Local Authorities. Local Authorities, By. See Alienation by Local Authorities. Public Schools Acts, &o., 59, 60. Licence to — Charitable company to hold, 11. Corporation to hold. See Mortmain. Local Authorities. See Acquisition; Alienation; and Appropriation. Mortgages, 166-168, 284, 300. Charitable Trusts Acts, 166. Court, Jurisdiction of, 156, 166. Public Schools Acts, 58, 59, 60. Romilly's Act, 284. School Grants Act, 168. Mortmain. See Mortmain Restrictions. Occupation by a School, 199-200, 299, 300. Partitions, 178-179. Board of Agriculture, 179. Court, Jurisdiction of, 178. Charitable Trusts Acts, 178. Public Schools Acts, &c., 60. Purchases — Charitable Trusts Acts, 156-157. Compulsoi-y, 102 (2), 103 n. ; and see Purchase (Lands Clauses Act). Court, Jurisdiction of, 156. Education Acts, 102. Grants, Parliamentary, for, 79, 88. Lands Clauses Act, 65, 157. Local Authorities, By, 102, 103. Mortmain and Charitable Uses Acts, 70, 71, 72, 73. Public Schools Acts, 58. Restriction, Notice of, 103, ]46, 148-151, 154. School Sites Acts, 66, 68. Will of personalty to be laid out in, 73. Registration under Land Transfer Acts. See L.\nd Transfer Acts. Sales, 171-176. Act of Parliament, 34, 173. Charitable Trusts Acts, 34, 173-174. Compulsory, 175; and see Sales (Lands Clauses Act). Court, Jurisdiction of, 34, 171-173. I INDEX OF SUBJECTS. 447 L AND — continued. Sales — continued. Education Acts, 104. Lands Clauses Act, 173 n., 175, 232, 286-287. Local Authorities, By, 104. Public Schools Acts, &c., 59, 60 (2). Romilly's Act, 284. School Grants Act, 175. School Sites Acts, 172-173, 173 n., 174-175. Sites, Now, 59 (2), 156, 157, 158. Transfer under Land Transfer Acts. See Land Transfer Acts. Vesting. See Vesting of Property. Will. See Acquisition. L.A.ND REGISTRY. See Land Transfer Acts. LAND TAX, 60, 201. LAND TRANSFER ACTS, 75, 133, lGl-162, 167, 171, 174, 177, 179; and xee Land Transfer Rules; and Index to Statutes, 1875 and 1897. LAND TRANSFER RULES, 1903 (Rr. 68-70, 83-86, 144-146, 150), 64, 74, 162. LANDLORD. See Lessee. LANDS CLAUSES CONSOLIDATION ACT, 1845, 65, 157, 165. 173 .i., 175, 232, 286-287. LANGUAGES, 82; and see Curriclu.u.m ; English; Greek; and Lati.\. LATIN, 27, 28, 257, 258. LEASES. TAKING OF. See Lanm. LEASINGS. See Land. I-ECACY DUTY, 185 186. LEGAL PROCEDURE, 47, 280 296; and see Actions; Ai'I'kals; Atioknkv- General; Ciiamhiors, Ji'dgk at ; County Courts; Court, .Jurisdk.-tion OK TltE ; DliRIIAM PaLATINK CoURT ; FUNDS IN CoURT ; JUSTICES OK THE Peace; Lancaster Palatine Court; Pktitionn ; I{(imii,lv's Aee Aid from. „ Effect of, on Schemes, 23, 98, 106. Religious beliefs of Governors, 267. ,, ,, parents and pupils, 270. „ „ Schoolmasters, 269. ,, „ Trustees, 267. instruction and worship, 273. requirements and restrictions in Schools aided, maintained, or provided by, 23. Representation of, on Governing Bodies. See Governing Bodies. Schemes by, 15. Scholarships, 96, 96 n., 97, 240-242. Schoolmasters, 96, 97, 98, 100, 220, 221, 269. Trustees, 267. LOCAL CONSIDERATIONS, 83,234; and xee Inhabitants; and Pari.sii. LOCAL EDUCATION AUTHORITIES. See Liu.w. ArriiuKiTiKs (Education Acts). LOCAL GOVKRNMENT ACTS, 1888 Mnd |s, 165, 167 n., 174, 287, 295. ORDERS IN COUNCIL under Board of Education Act, 1899. 7th August, 1900 (No. 599), 76, 78 n. 7th August, 1900 (No. 600), 76, 77 n. 24th July, 1901, 76 (2), 76 n., 77 n. 6th March, 1902, 78 n., 205. nth August, 1902, 76, 76n. (2), 77. ORDERS (RULES OF SUPREME COURT). See Rules of Supreme Court. ORDINARY, THE, 209, 265-266. ORDINATION OF GOVERNORS, 267; and see Clergymen. ORUINATION OF SCHOOLMASTERS, 208-269; and sec Clergymen. INDEX OF SUUJECTS. 458 OKl'HANS, EDUCATION OF. HS). OVERSEERS, Conveyance of Scliool premises to, 68. OXK0KI3 UNIVERSITY. 52, :2;!8 ; and see Universities. PALATINE COURTS. SVe Dlkha.m ; and L.^.vc.^ster. PARENTS, 48 n., 242-248. Religious beliefs of, 234, 269-270. And see Classes, Social; Inhabitants; aud Pupils. PARLIAMENT : Provisional Orders, Conlirniation of, by, 102. Schemes, Jurisdiction of, as to, 17, U). 20, 36, 49. And see Act of PAiiLiAMENT. PARISH, 35, 66, 99, 128, 207. Incumbent of, 59 (2), 207. And see Clekgymen ; Jniiabitants; Local CoNSinERATioNs ; Pakisii Councils; and Parish Meetings. PARISH COUNCILS. :Ui. lUt>. 1(»8. I'AlilSII MEETINGS, :5(), 100, 108. I'ARTITIONS. See Land. PATRONS, ^ee Patronage. PATRONAGE, 24-26, 54,60, 115-11(5, 130, 207-208, 23(i.237 ; «"f land /(>. l-i, «i>H. liTipure, 71, 72. Realty savonring of, 71, 72. PI'/lTnONS, 28, 283, 284 (2), 280, 289. 454 INDEX OF SUBJECTS. I'l'/J'TY SESSIONS. See Justices of the Peace. PHOTOGRAPHIC COPYRIGHT, 184. PHYSICAL INJURY^ See Injury, Physical. PHYSICAL INSTRUCTION, 82. PLAYS, STAGE. See Dramatic Pekfok\ian:ces. PLAYGROUNDS AND PLAYING FIELDS, 159; ond see Gamks ; (ur.l Recreation. "PLEASURE," Dismissal of ScliouliuasHT al, 216, 25:0 (2), 221, 222, 22:?. POLICE, 139. I'OOJ! PERSONS, Schools for. S^e School Sites Acts. POOR RATE, 99, 188, 199; aiid see Rates. POPULAR CONSTITUENCIES, Representation of, on Governing Bodies, 106-107. PREMISES : Acquisition. See Land. Improvements, 59, 164, 168. Inspection, 87-88. Management and disposition, 161-184. And see Board of Education Regulatiot s for Secoklaky Schools; Buildings; Land; and Property. " PREPARATORY CLASSES," 241 n. PREPARATORY SCHOOLS, 96. PllESCRlPTIVE RIGHTS, 139, 14], 142, 14;?, 143-14(>. PIMVACY, DISTURBANCE OP, 147. PinVATE AND PROPRIETARY SCHOOLS: Hoard of Education Regulations : Certificates of Efficiency, 78, 85. Inspection, 78, 85. Education Acts, 5-6, 96. Goodwill, 229-230. PRIVY COUNCIL. Sec Appeals. PRIZES, 16. I'ROCEDURE. See Lebal Procedure. i INDEX OF SUBJECTS. 455 PROFESSION, Endovvmont for teaching a, 51. PROFITS, 83,85,191-194,200; and xee Private .and Propriktarv Schools. PROPERTY : Pupils', 259. School, 15, 47, 161-184. And see Administration Proceedings ; Apparatus ; Buii,di.\us ; Ec^i ip- MENT; Fixtures, Tenants' ; Land ; Personalty ; Premises ; (in.i Stock, Shares, and Securities. PROPRIETARY SCHOOLS. See Private and Proprietary Schools. PROSPECT, RIGHT OF, 147. PROSPECTUSES, 244. PROVIDENT FUND, 188. PROVISION OF SCHOOLS liY LOCAL AUTHORITIES, 5,7,96,97,99-100 PROVISIONAL ORDERS, 101-102. PUBLIC BUILDINGS, ASSEMBLY ROOMS, Ac, 92 n. (2), 159, 182. PUBLIC ELEMENTARY SCHOOLS. See Elementary Schools, I'ciii.ic. PUBLIC ENTKRTAINMENTS, 9'2, 182, 183. PUBLIC FUNDS, What, applicable lor ediicalioii by Local .\iill.oritio8, 98 99. PUBLIC liEALl'il ACTS, 90-94. PUBLIC PURPOSES, 29-.m Uhc of School premises f(jr, 98. I'UBLIC SCHOOLS, 9, HO. Income Tax Acts, 189-190. Public Schools Acts, &c. !Scc I'l hi.h Schools Arts, etc. PUBLIC SCHOOLS ACTS, ETC., 3, -io, *»,'»-(»!; and nn; Itulvx to Statuii>», 1864, 1868, 1869, 1870, 1871, ami 1873. Accounts, Ac, 57, 58. Admission of pupils, 67 (2), 58; and xrr Kouiidatioueis ; and Scliolarshi|in. Appeals heard by I'rivy Council, 57. Boarders, 57. Buildings, 58 ; (ind. ner Promises : Repairs; iind Sanitary arniiiK''"i""' - (Jhapels, 264. Commissioners, Special, The, 5(3, 57, 58. Cnrricnium, 57. 456 INDEX OF SUBJECTS. PUBLIC SCHOOLS ACTS, &c.— continued. Enfranchisements, 60. Exchanges of lands, 58, 60. Exhibitions, 58, 59 : and .see Scholarships. Pees, 57. Foundationers, 57 (2), 58, 59; a7id nee Scholarships. Governing Bodies : Constitution and qualifications, 56, 59. Powers, 56-59. Qnalilications. See Constitution and qualifications. Religions beliefs, 59, 60. Vested interests of members of, 59, Income, 57, 58. Land. >9ee Premises. Leasings, 59; 60. Livings, 58, 60 (2). Mortgages, 58, 59, 60. Parish, Incumbent of, 59 (2). Partitions, 60. Premises. See Buildings ; Enfranchisements ; Exchanges ; Leasings ; Mortgages ; Purchases ; Repairs ; and Sales. Privy Council. See Appeals. Pupils. See Admission ; Boarders ; Curriculum ; Exhibitions ; Fees ; Founda- tioners ; Religious requirements and restrictions ; and Scholar.ships. Purchases, 58, Regulations, 57, 58. Religious requirements and restrictions, 57 (2), 59, 60. Repairs, 59. Residents, 58. Sales, 59, 60 (2). \ Sanitary arrangements, 57. Schemes, 58-59 ; and see Statutes. Scholarships, 57, 58 ; and see Exhibitions ; and Foundationers. Schoolmasters : Dismissal. See Schoolmasters ; Tenure. Emoluments, 57, 59. Powers, 228 ; and see Schoolmasters ; Tenure. Qualifications, 57. Religious beliefs, 60. Tenure, 220, 221 n., 223. Vested Interests, 59. Sites, New, 59 (2). Statutes by Governors, &c., 56, 57, 58 ; and see Schemes. PUBLIC, THE, Protection of, from Schoolboys, 260. PUBLIC TRUSTEE, 136. INDEX OF SUBJECTS. 457 IMJELICATION of proposed proceedings : Applications to Court under C. T. Acts, 281. Orders of Board of Education under C. T. Acts, 34, 35-36. Sales under C. T. Acts, 174. Schemes under C. T. Acts, 35-36. „ End. Sch. Acts, 47-48. {And see Appendix II., passi/n.) PUBLIC WORKS LOANS COMMISSIONERS, 101, 168. PUNISHMENT. See Discu-li.nk ok Pupils. J'UPIL TEACHERS, 86, 87, 9(5 n., 240-242. I'lJPIl^S, 234-260; and see Admis.sion ; Age ; Area of Education ; Attendanck Registers ; Boarding ; Books, School ; Buildings ; " Bursars " ; Classes for instruction; Classes, Social; Clothes; Contributory Negligence ; Corporal Punishment ; Corporations, Scholars' as ; CURRICULU.M ; CUSTODY ; DaY SCHOLARS ; DETENTION ; DISCIPLINE ; Dissenters; Exhibitions; Expulsion; Fees; Foundationers; Fkee Scholars; Games; Girls ; Health; Holidays; Infection; Injury, Physical ; Languages ; Manual Instruction ; Number ; Orphans ; Prizes; Property; Prospectuses; Public, The, Protection of; Pupil Teachers; Quarantine; Recreation; Registers; Religious Require- ments AND Restrictions; Scholarships; Session; Singing ; Student Teachers ; Terms, School ; Time Tables ; Travelling Expenses ; Tradesmen, Scliools for sons of ; Vacations ; Vaccination ; Welsh IjANguage; Yeomen, Schools for sons of : and Year, School. PURCHASES. Sec Land; and Rent Chakges. QUAKKRS, Schools of, 267. QUAR.ANTINE, 251-253. RATEPAYERS, 48 n., 4i», 106; and ace Rates. RATES, 199-201. Education, 4, 7, 54, 99, 99 n. And nee Poor Rate ; and Ratepayers. RECIIKA'I'ION, 158; and nee (Jameh ; Playgrounds and Plavini. Kii i h.'- RKCORDS, SCHOOL, 83, 162, 163. REGISTERS of— Pupils, 163. Attendance of, 83, 84, 163. Stafl', l(i3. 458 INDEX OF SUBJECTS. REGISTRATION OF— Charities, 3-4. Companies, 12. Land Transfer. See Land Transfer Acts. Teachers, 78. RELATOR, 283, 288, 289, 291, RELIGIOUS BELIEFS. See Religious Requikkment.s and Restrictions. RELIGIOUS BODIES, 261-264. RELIGIOUS EDUCATION OF MINISTERS, 51. RELIGIOUS INSTRUCTION. See Religious Requirements and Rkstkic- TIONS (Instruction and Worship). RELIGIOUS OBSERVANCES. See Religious Requirements and Restric- tions (Instruction and Worship). RELIGIOUS REQUIREMENTS AND RESTRICTIONS, 261-279. Beliefs of Governors, 15, 59, 60, 83, 84, 2(>6-2(>S, 277-279. „ „ Parents and Pupils, 234, 209-270. ,, ,, Persons appointing Governors, 268. „ Schoolmasters, 16, 83, 84, 2G8-2GJ), 277-279. „ Trustees, 266-268. I'>(uird of Education Regulations for Secondary Schools. See Board ok Education Regulations for Secondary Schools. Charitable Trusts Acts. See Charitable Trusts Acts. Conscience Clauses. See Instruction and Worship. Education Acts. See Local Authorities (Education Acts). Endowed Schools Acts, 39; and see Endowed Schools Acts. l yrr Royai. Ciiaiiti:us. ROVAL LETTERS PATENT. See Hovai. Chautkrk. RUGBY SCHOOL: Founding of, 9. Public Statutes relating to, 29, 49, 50, fio-GU. 460 INDEX OP SUBJECTS. RULES OF SUPREME COURT, 1883. Order 1, Rul e 1, 283. *1 2, M 1, 283. >l 22, ,, 17, 165. 35 54 b, „ 4 (2) (a), 286. »» 5) »5 4 A, 286. n 55 15 5, 286. 5J 55 1» 6, 286. n 55, 11 2 (1), 286. )i 55 n 2 (2), 286. )) 55 n 13, 281. jj 55 11 13 a, 285. n 55 11 14, 281. 55 65, Jf 24, 281. 55 »> 11 25, 281. And .see Supreme (,'oukt Funds Rule.s, RURAL DISTRICT COUNCILS, 90, 106. RURAL PARISHES, 106. RURAL SCHOOLS, 82, 241 n. ST. PAUL'S SCHOOL, Public Statutes relating to, 29, 49, 56. SALES. See Advowhon ; Lanj); Livings; and Rent Charges. SANITARY MATTERS. See Buildings; Infection; and Ventilation. SCHEMES, 8, 15-23. Abrogation of Acts of Parliament by, 22, 45. Additions to, 21, 22, 36-37. Alterations of, 17-22, 36-37, 288. Appeals against, 36, 48, 57. Attorney-General, 36, 288 (2), 289. Board of Education : Jurisdiction of, as to, 15, 22, 31, 44, 77; and see Charitable Trusls Acts ; and Endowed Schools Acts. Regulations of, Effect of, on, 23, 106-107, 239, 275, 277. ,, ,, as to necessity of, 23, 83. Charitable Trusts Acts, 22, 35-37, 43-47, 98, 156. Completion of, 17, 18, 20, 22, 288. Court, Jurisdiction of, as to, 17-21, 22, 45-46, 281, 288. P]ducation Committees, Formation of, 100. Endowed Schools Acts, 22, 40-4{), 98, 209. Establishing of, 17-22, 36-37, 288-289. Failure of, 17. INDEX OF SUBJECTS. 461 SCHEMES— cowtmtted. Founders in relation to, 21, 209. Governors in relation to, 15, 19, 47-49, 51, 54, 126. Grammar Schools Act, 28. Heads of, 15-16. lnde.x. Board of Education's, 4. King, Jurisdiction of, as to, 21. Local Authorities, Framinpj by, of, 15. RoSiilations "f- Effect of, on, 2^, 9,S, 100. Local Government Board, Framing by, of, 14. " Municipal Corporations Acts, 14. Parliament, 17, 19, 20, 36, 49. Public Schools Acts, 56-59. Publication of, 35-36, 47-48. Schoolmasters, Powers of, as to, 28. Welsh Intermediate Education Act, 54, 55. And see passim for the various subjects of Schemes SCHOLARS. See " Bursars" ; Exhibitions; Foi'ndationkks ; Fkkk Scholars; Pupils; and Scholarships. SCHOLARSHIPS. 16, 212, 234, 236, 237 -242. Education Acts. See Local Authorities. Endowed Schools Acts, 238. Income Tax in relation to, 194. Local Authorities, 96, 96 n., 97 (2), 240-242. Public Schools Acts, 57, 58. Romilly's Act, 284. And see Exhibitions; Foundationers; and Pkkk Scholars. SCHOOL HOUSE: Breaking into, 184. Compulsorily taking under Lands Clauses Act, Compensation t<. Scl,....|. master for, 232. SCHOOL GRANTS ACT, 1855, 79. SCHOOL OFFICKRS, 205-233. Appeals by, 219. Ai)p()intment, 207-208. Education Committees of Local AuthorifcioB, Men.l.uiH -.1, 23..1..J.J. Illness, 212, 218. Local Authority, Members of, 232-233. Removal, 218, 219, 220. 221, 223, 224, 226, 227. Supfrannuation, 219. Tenure. See Removal. A7id see Schoolma.stkrs. 462 INDEX OF SUBJECTS. SCHOOL SITES ACTS. See Index to Statates, 1841, 1844, 1849, 1851, and 1852. Acquisition of land and buildings, 66-68, 75. Exchange ,, „ „ 178. Grants for buildings, 79, 88. ,, ,, purchase of sites, 88. Inspection of schools, 88. Sale of land and buildings, 172-173, 173 n., 174-175. Schoolmasters : Ejectment, 226. Residence, 66, 68, 79, 88. Tenure, 219. SCHOOLMASTERS : Agreement, Form of. See Contract of Service. Appeal by, against dismissal, 216-221. Appointment of, 207-210 ; and .see Patronagk. Board of Education Regulations for Secondary Schools. See Board of Education Regulations for Secondary Schools. Boarders taken by, 235, 236 ; and aee Boarding of Pupils. Chai-itable Trusts Acts. .Sfee Charitable Trusts Acts. Church of England, 60, 268. Competition of, with former School, 211, 229-230. Contract of Service, 16, 211-212. Corporal punishment of pupils by, 254-256. Corporate capacity, 10, 13. Correspondents, 233. Courses for, 96. Discipline of pupils. See Discipline of pupils. Dismissal. See Tenure. Dissenters, 268. Duties, 28, 220, 227-228, 251, 256, 258. Education Acts. See Local Authorities (PJducation Acts). Education Committees of Local Authorities, Membership of, 232-233. Ejectment, 225-226, 226. Emoluments, 16, 28, 57, 59, 83, 113, 212-214, 226, 236. Endowed Schools Acts. And see Endowed Schools Acts. Examinations of pupils, 258 ; and see Examination of Pupils. Governing bodies. Jurisdiction of, over, 214, 220, 227, 228 j and see Appointment of ; and Tenure. Hearing of, before dismissal, 224. Houses. See Residence ; and School House. Illness, 212, 218, 219 (2), 224. Income Tax, 188. Incorporation, 10, 13. Inhabited House Duty, 196, 197. Injury, Physical, to, Compensation for, 230-232. Internal admirnstration of School by, 17, 227-228. ( INDEX OF SUBJECTS. 46:^ SCHOOLMASTERS— conftnued. Libelling of, 230. Licensing of, 208-209, 265. Life, Appointment of, for, 215, 216, 219, 226. Local Authorities (Education Acts). See Local Authorities (Education Acts). Local Authorities, Membership of, 232-233. Nonconformists. See Dissenters. Notice of Dismissal to, 215, 222-223. Numbers, 57 (2), 83, 207. Ordination, 268-269. Public Schools Acts, &c. See Public Schools Acts, etc. Pensions, 224-225. Powers, 16, 17, 28, 47, 57, 57-58, 210, 220, 232, 223, 224, 227-22.S, 251, 256, 258. Pupils, Relations to, of. See Pupils (passim). Qualifications, 16, 57, 204-207. Rates, 201. Reasons for dismissal, Assignment of, 221. Records, 233. Registers (School) of, 163. Registration (Public), 20.5. Regulations by, 16-17, 57. Roligioua beliefs, 16, 83. 8!-, 2(>8-2<{9, 277-271). Remedies of, upon dismissal, 226-227. Removal. See Tenure. Residence, 16, 129, 159, 196-197, 212-214; and stb School Sites Acts. Salaries. See Emoluments. Schemes, Powers as to, of, 28. School House compiilsorily taken nndfi- Lauds Clauses .Vet from, Compensation for, 232. Slandering of, 230. Superannuation, 219 (2). Ten urn, 16, 39, 215-227. Training, 83, 205-20(;, 241-242. Travelling exjjenses, 97. Trustees, Jurisdiction of, over, 227; A in- DKPARTMENT, 4. 5, 77, 80, 2r,9. 464 INDEX OF SUBJECTS. SCOTLAND : Statutes extending to, 26. SECONDARY EDUCATION, Provision of, 1, 6; and see j>asgint. SECONDARY SCHOOL, Definition of, 1, 82. SECRETARY OF STATE, 79, 93 n. SEISIN, UNITY OP, 147. "SERVANT OR OTHER PERSON" (hihabitecl Hou.se Duty), 197-199. SESSION, SCHOOL, 82; and see Year, Schoot,. SHARE CAPITAL, 85 n. SHREWSBURY SCHOOL: Pounding of, 9. Public Statutes relating to, 50, 55-(;i. SINGING, 82; and see Music. SINKING FUND for repayment of mortgage debt, 167. SITES : New, for Schools, 59 (2), 156, 157, 158. STAGE PLAYS, 182. STAMPING OP DOCUMENTS, 187, 244. STATE, RELATION OP, TO SECONDARY EDUCATION, 1-6. STATUTE LAW REVISION ACTS. See Index to Statutes, 1873, 1878, 1883, and 1893. STATUTE OF ELIZABETH, 1601, 29, 31 ii., 60, 69, 193. STATUTES OP LIMITATION, 71 n., 135, 150. STATUTES, PUBLIC : Affecting Schools, List of, 26-27. Relating to Board of Education's functions, 26-27. And see Act oi' Parliament ; and passim. "STATUTES," SCHOOL. See Schemks. STOCK, SHARES, AND SECURITIES, 71, 134, 135. INDEX OF SUBJECTS. 465 STRUCTURES. Injuries arising from defectiveness of, 249-251. STUDENT TB.\CHERS, 86, 240-242. SUBJECTS OP INSTRUCTION. See Cdrricquth. SUBSCRIPTIONS : Kndowments created by, 8. Voluntary. See Voluntary Contributions. SUCCESSION DUTY, 185, 186. •'SUIT ()\l .MATTER .\CTU.\.LLY PENDING," 291-292. SU.M.M.\FiY PROCEDURE, 233-2S5; and see Pund.s in CoaRT ; Pktitions ; Romilly's Act; and Summonses. SUMMONS, WRIT OP, 283. SUMMONSES, 281, 283, 285 (2), 286. SUPKRSTITIOUS USES, 261,262-263. SUPREME COURT PUNDS RULES, 285. SUPREME COUilT, ORDERS OP. Sec Rulks of Supreme Court. TA.XATION AFFECTING SCHOOLS, 185-204; and see Abmori.m, Bkarings T.\x ; Estate Duty; First Fruits; Income Tax; Iniiabitkd Housk Duty; Land Tax; Legacy Duty; Mai,e Servants, Tu.xation of; Rates; Succession Duty; Tenths; &c. TEACHERS. See Elementary Schools, Public ; Schoolmasters uml Schoolmistresses. TEACHERS' REGISTRATION COUNCIL. 205. 2<)(). TEACffl.VG. See Cirriculum. lECIINICAL EDUCATION, 4, 95, 90 n. Board of Education Regulations, 81,8(5, H7; and see ArT; iind Kciknck. I'E.MPORARY PROVISIONS: Endowed Schools Acts, 39, 40. Welsh Interniediato Education Act, 54. TEMPORARY ENDOWMENTS. 8, 30 n. 'IK-NTIIS. 202. TENURE. 6Ve School Okkiceks ; and Schoolmasters. 30 466 INDEX OP SUBJECTS. i TERRITORIAL FORCES, THE, 260. - TERMS, SCHOOL. 16. TIME TABLES, 17, 83. 110, 228, 257. d TITLE, Questions of, 281. "TRADE," 151-152, 181, 191-193; and ?ee "Business.' TRADE PROFITS, TAX ON, 191-193. TRADESMEN, Schools for sons of, 6«. TRAINING COLLEGES, 205, 206, 241. TRAVELLING EXPENSES, 97. 240. TRUST, BREACHES OF, 20. 114. 128-130. TRUST, Conversion of Company School into a, 85 n. TRUST, Questions as to existence of, 281. TRUSTEE ACTS. See Index to Statutes, 1847. 1849, 1850, 1850, 1852, 1888. 1890, 1893. Payment into Court under, 286, 291. Truslees, Appointment of, 118-120. ,, Removal of, 123. TRUSTEE, JUDICIAL, 136. TRUSTEE, PUBLIC, 136. TRUSTEES, 2, 8, 115-136. Appeals by, 295. Appointment, 118-122, 132, 285 (2), 293. Board of Education, Jurisdiction of, over. See Charitable Trusts .Vcts (Trustees). Charitable Trusts Acts. See Charitable Trusts Acts, Colleges as, 13 n. Constitution, 116-118. Court, Jurisdiction of, over, 127, 131. Definition of, 115.116. Discretionary powers, 130 (2), 131, 219. Duties, 125-127. Incorporation, 2, 12, 13, 14, 126. ludemnity to, 126. Patronage vested in, 24, 130, 236-237. INDEX OF SUBJECTS. '467 TRUSTEES— ror)stiicti<.iis; and Personalty. Wl-NCHESTER COLLEGE; Koundmg of, 9. I^ablic Statutes relatin<^ to, 3, 29, 38, 49, 50, 55-61, 202. VVnXESSES, Examination of, 163. WITNESSING OF DEEDS, 71, 75. WO. MEN: Members of Edncation Connnittee.s, 100. And see M.\rried Women. WORDS, Meanini? of. S^'c Definitioks anu Mkamngs. 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