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Endowed Schools.

37. The Committee of Council on Education shall consider all Approval of schemes so submitted to them, and may, if they think fit, approve Committee of any scheme so submitted, and shall cause the scheme so approved Education to Council on to be published and circulated in such manner as they think sufficient for giving information to all persons interested.

If the committee do not approve a scheme submitted to them the Commissioners may frame and submit another scheme in the same manner as if no scheme had been previously framed and submitted; provided that where the Committee of Council 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, such governing body may, within three months after notice of such non-approval (if within 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 with by them as if it were a scheme originally framed by themselves.


38. Where a scheme abolishes any restriction which makes Consent of colany exhibition tenable only at a particular college or hall in any leges or hall. university, and the exhibition is payable out of property held by such college, or by the university in trust for such college or hall, (otherwise than as governing body of a school, or as a bare trustee,) the scheme shall not be approved if not less than two thirds of the governing body of such college or hall dissent therefrom in writing; but in every such case the Committee of Council shall make a special report to Parliament setting out the proposed scheme, and stating the dissent, and the reasons, if any, assigned for it.

39. 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 matter 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 due 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

such governing body, person, or body corporate may within two
months after the publication of the scheme when approved peti-
tion Her Majesty in Council stating the grounds of the petition,

Appeal to
Queen in


Endowed Schools.

Proceedings where scheme is remitted.

Schemes, &c.

to be laid before Parliament.

Exception as

to schemes for

endowments under 1007.

and praying Her Majesty to withhold her approval from the whole or any part of the scheme.

Her Majesty, by Order in Council, may refer any such petition for the consideration and advice of five members at the least of Her Privy Council, of whom two (not including the Lord President) shall be members of the Judicial Committee, and such five members may, if they think fit, admit counsel to be heard in support of and against the petition, and shall have the same power with respect to the costs of all parties to the petition as the Court of Chancery would have if the petition were a proceeding in that court by way either of petition or information for obtaining a scheme.

Any petition not proceeded with in accordance with the regula tions 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 Iler 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.

40. 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 Council 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.

41. After the time has expired for a petition to Her Majesty in Council against any scheme, or after Her Majesty in Council has directed a scheme to be laid before Parliament, the scheme shall be forthwith laid before both Houses of Parliament, if Parliament be sitting, or if not, then within three weeks after the beginning of the next ensuing session of Parliament, and after such scheme has lain for forty days before Parliament, then unless within such forty days an address has been presented by one or other of the said Houses 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.

42. Where a scheme relates to an endowment which during the three years preceding the commencement of this Act has had an average annual gross income of not more than one hundred pounds, no petition shall be presented to Her Majesty in Council with reference to such scheme, so far as it relates to such an endowment.

Endowed Schools.

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.

43. If any scheme or any part thereof is not approved by Her New scheme on Majesty, then the Commissioners may thereupon proceed to pre- non-approval. pare 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 Amendment of for amending any scheme approved under this Act, and all the schemes. provisions 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, but the Scheme to take same, when and as approved by Her Majesty in Council, shall effect. 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.

46. Upon a scheme coming into operation, every Act of Effect of Parliament, letters patent, statute, deed, instrument, trust, or scheme. 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 specified, 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 so far as it cannot be so vested shall be held in trust for the transferees.

47. The Order in Council approving a scheme shall be con- Evidence of clusive evidence that such scheme was within the scope of and scheme. made in conformity with this Act, and the validity of such scheme and order shall not be questioned in any legal proceedings


48. A scheme of the Commissioners shall not be submitted to Quorum of the Committee of Council on Education unless two at least of the Commissioners. Commissioners have signified in writing their approval of such scheme, but in all other respects one Commissioner may act under

this Act.


49. Section eleven of The Charitable Trusts Act, 1853, (which Power of Comrelates to the production of documents by public officers,) and missioners, &c. sections six, seven, eight, and nine of The Charitable Trust Act, as to procuring 1855, (relating to evidence, and the attendance and examination of witnesses,) shall extend to the Commissioners and Assistant Commissioners under this Act, as if they were the commissioners and inspectors mentioned in those sections.

18 & 19 Vict.

c. 124. ss. 6-9.

sioners, &c.

50. Where any Commissioner or Assistant Commissioner holds Inquiry by a local inquiry for the purpose of a scheme under this Act, public sittings whether before or after the first publication of a draft scheme, he by Commisshall for that purpose hold a sitting or sittings in some convenient place in the 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

As to report of
Assistant Com-


Restriction of powers of Charity Commissioners, Court, &c.

School chapels appropriated for religious worship free

Endowed Schools.

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 adjourned sitting), fourteen days at least before the holding thereof.

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 inquiry, and his opinion thereon.


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

During the same period the Charity Commissioners shall have the same power of acting upon application made to them by the Commissioners under this Act 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 authorized for the time being from parochial by the bishop of the diocese in which the chapel is situate, by


Quorum of

governing body for acting under this Act.

Persons ac

quiring interest after passing of Act to be subject to scheme.

writing under his hand, to be used as a chapel for such school, shall be deemed to be allowed by law for the performance of public worship and the administration of the sacraments according to the Liturgy of the Church of England, and shall be free from the jurisdiction and control of the incumbent of the parish in which such chapel is situate.

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

55. Every interest, right, privilege, or preference, or increased interest, right, privilege, or preference, which any person may acquire after the passing of this Act in or relative to any endowed school or educational endowment, or in the governing body thereof, or as member of any such governing body, or in or relative to any mastership, office, place, employment, pension, com

Endowed Schools.

Seamen's Clothing.

pensation, allowance, exhibition, or emolument in the gift of any such governing body, shall be subject to the provisions of any scheme made under this Act; and the governing body of an endowed school or educational endowment shall not, during the continuance of the power of making schemes under this Act, begin to build, rebuild, or enlarge any school buildings or teachers residences or buildings connected therewith, except with the written consent of the Commissioners, or under the directions of such a scheme, but this provision shall not prevent them from continuing any works begun before the passing of this Act, or from doing anything necessary for the repair or maintenance of buildings or residences existing at the passing of this Act.

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

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


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

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

CHAP. 57.

An Act to amend the Law relating to the Protection of Seamen's Clothing and Property. [2d August 1869.] WHEREAS the clothing and property of soldiers are protected by the restraint of the sale thereof, and it is expedient to make the like provisions with respect to seamen's clothing and property:


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

1. This Act may be cited as The Seamen's Clothing Act, 1869. Short title. 2. The dockyard towns to which this Act extends are the towns Extent of Act. specified in the schedule to this Act, and for the purposes of this

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