A BILL INTITULED An Act to amend the Law relating to Endowed Schools and A.D. 1878. Hospitals and other Endowed Institutions in Scotland; and for other purposes. [NOTE.--The words and Clause printed in red ink are proposed to W be inserted in Committee.] HEREAS there are numerous endowed schools and hospitals and other endowed institutions in Scotland, and it is expedient that provision should be made to enable the governors, managers, trustees, or other governing body thereof to apply for and obtain 5 from Parliament power and authority whereby changes may be made in the government and management of the said schools, hospitals, and institutions, or in the application of their endowments, and at the same time provision may be made for upholding the standard of education which has hitherto been maintained in 10 Scotland: 15 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 Endowed Institutions (Scotland) Short title. Act, 1878. 2. This Act shall apply to Scotland only. Application of Act. 3. In this Act, unless the context otherwise requires, the follow- Interpretaing words and expressions have the meanings hereby assigned to tion of terms. 20 them; viz., 25! "Secretary of State" means any one of Her Majesty's Principal "Governing body" includes governors, managers, trustees, school A.D. 1878. Governing body may resolve to apply for a provisional order. Governing body may present petition to Secretary of State. Commissioners may inquire and report to State. ment, and includes a mortification or bequest for educational or charitable uses, or for uses partly educational and partly charitable : "Endowment" means any description of property, heritable or moveable, which is dedicated to educational or charitable uses, 5 or to uses partly educational and partly charitable, in whomsoever such property may be vested, in whosesoever name it may be standing, or by whatsoever tenure or title it may be held: "Scotch Education Department" means the Lords of the Com- 10 mittee of the Privy Council on Education in Scotland: "The Commissioners " means the Commissioners herein-after appointed, and "Commissioner " means one of such Com missioners. 4. It shall be lawful for the governing body of any endowed 15 institution in Scotland, at a meeting specially called for the purpose at a month's notice, to resolve, by a majority of those present at the meeting, that it is expedient that provision should be made for the better government and administration of such institution, or for the better application of the endowments thereof, and that an 20 application should be made to the Secretary of State for a provisional order. 5. On the foresaid resolution being carried, it shall be lawful for the said governing body to present a petition to the Secretary of State, setting out such resolution, and stating the provisions for 25 the better government and administration of such institution, or the better application of the endowments thereof, which they desire to have sanctioned. Upon receipt of any such petition as aforesaid the Secretary of State may, if he shall think fit, direct such petition to be published in the Edinburgh Gazette in two con- 30 secutive numbers thereof, and in one or more newspapers circulating in the county or counties where such institution is situated, with a view to further inquiry. 6. The Secretary of State may, if he shall think fit, by writing under his hand, remit to the Commissioners herein-after mentioned 35 to inquire into the said petition and report thereon to the said Secretary of Secretary of State; and for the purposes of such inquiry, which shall be held in public, the said Commissioners shall have power, after such public notice as they may think sufficient, to examine witnesses on oath, and to call for such information from, and to require the produc- 40 tion of such documents by, the governing body, or any other persons, as they may consider necessary, and to do all such matters and things as may seem to them expedient for the purposes of the inquiry. After A.D. 1878. the holding of such inquiry the Commissioners shall report to the Secretary of State as to whether, in their opinion, the provisional order prayed for should be made, and if so, with what, if any, 5 alterations or modifications therein. State to issue 7. It shall be lawful for the Secretary of State to issue a pro- Power to visional order in relation to the several things mentioned in the Secretary of foresaid petition, either in accordance with the prayer thereof, or provisional with such alterations or modifications as may appear to him to be order. 10 requisite. Provided always, that in every such provisional order provision shall be made for saving or making due compensation for the vested interests to which any teacher, master, officer, scholar, bursar, exhibitioner, pensioner, or other shall be entitled at the date of 15 such order. Provided also, that if the provisional order shall contain provisions different from those prayed for by the governing body, or shall omit provisions prayed for by them, the Secretary of State shall before signing the order cause a copy of it to be sent to the 20 governing body, who may, if they think fit, state in writing to the Secretary of State any objections or suggestions respecting such order within one month after the copy thereof was sent to the governing body; and the Secretary of State shall, if he think fit, remit to the Commissioners to report on such objections and 25 suggestions, and shall consider the same together with the report of the Commissioners. laid before 8. The provisional order aforesaid shall not have any effect or Provisional operation unless and until the same has been laid before both order to be Houses of Parliament; and it shall be lawful for the Secretary of Parliament. 30 State, and he is hereby required, as soon as conveniently may be, to cause such provisional order to be laid before both Houses of Parliament; and after such provisional order has lain forty days before Parliament, then, unless within such forty days a resolution has been adopted by one or other of the said Houses disapproving 35 of the said order, such provisional order shall come into operation. bodies may provisional 9. It shall be lawful for the governing bodies of two or more Several endowed institutions to concur in applying for a provisional order governing under this Act, and such order may provide for the union of such concur in institutions or for the application of their endowments or part applying for 40 thereof under a governing body to be constituted by such order. order. 10. It shall be lawful for the governing body of an endowed institution to apply for a provisional order, and such order may Governing body may apply for transference ments to other govern of endow- provide for the transference of the endowments of such institution cor part thereof to the governing body of one or more other endowed ing bodies or institutions, or to one or more school boards, subject to the provisions contained in such order. school boards. CLAUSE A. ers to submit of parliamen tary grant with view The Commissioners shall submit for the consideration of Commission the Scotch Education Department the conditions according to conditions of which, in their opinion, the parliamentary grant for public distribution education in Scotland may be most advantageously distributed for the purpose of promoting education in the higher branches of knowledge in public and State-aided schools, especially in those tion ofhigher districts in which there are no higher class public schools: Provided always, that the duty of determining from time to time the rates and conditions according to which the said grants may be given, and of framing, and from time to time revising the minutes containing the same, shall be upon the Scotch Education Department. to promo education. Commis appointed. 11. For the purposes of this Act it shall be lawful for Her Masioners to be jesty from time to time, on the recommendation of the Secretary of State, to appoint Commissioners to hold office during Her Majesty's pleasure, but the number of such Commissioners shall not at any one time exceed five. The Commissioners of Her Majesty's Treasury may assign to the Commissioners such salaries as the Commissioners of Her Majesty's Treasury may think proper. The office and general place of business of the Commissioners shall be in Edinburgh; but the Commissioners may from time to 25 time appoint any one or more of their number to hold an inquiry in terms of this Act, and to visit such places as may be necessary for that purpose. Any Commissioner or Commissioners so appointed shall have and may exercise all the powers of the Commissioners, except that of reporting to the Secretary of State. 30 Her Majesty may, on the recommendation of the Secretary of State, from time to time appoint a fit person to be secretary to the Commissioners, to hold office at Her Majesty's pleasure; and the Commissioners may appoint such necessary clerks and officers as shall be sanctioned by the Commissioners of Her Majesty's Treasury 35 to hold office during the pleasure of the Commissioners. The Commissioners of Her Majesty's Treasury may assign to the secretary, clerks, and officers such salaries as they may think proper. The salaries paid under this Act, together with the whole expenses of the Commissioners and of their establishment, and 40 reasonable travelling expenses, shall be defrayed out of moneys to be voted by Parliament. |