Endowed School at Moulton. conscientious grounds; and in such case the master shall take care, as far as possible, that all such boys shall regularly attend some other place of religious public worship on Sundays. 75. All boys residing in the parish of Moulton of the age of six Qualification of years and upwards, and being of good character, (unless unfitted boys. by infectious disorder or other sufficient cause,) shall, to the extent and capacity of the school, be capable of admission to the Lower School, and entitled to partake of all the benefits and advantages thereof, on payment of such sums as by this scheme are provided; but no boy shall be entitled to remain in the said school after he shall have attained the age of seventeen years; and the admission and number of the boys, and their continuance in the school, shall be regulated from time to time by the governors, who, if they shall think fit, and if the accommodation of the school be sufficient, may at any time order that boys from any of the neighbouring parishes shall be admissible to the school in addition to those residing in the said parish of Moulton. 76. The governors shall have the power of placing the boys in Election of the school, subject to such regulations as they may from time to boys. time prescribe at any meeting. 77. A register shall be kept by the master of the number and Registry of description of boys from time to time in the school, and of the boys. respective periods of their being admitted to and leaving the same; and such register shall always be open to the inspection of the governors and of the persons authorized by them. 78. The boys at the school shall be liable to dismissal or expul- Suspension and sion by the governors for any breach of the rules, or for theft, expulsion of boys. immorality, indecent conduct, or insubordination, or other sufficient cause; and the master shall have power immediately to suspend any boy guilty of any such misconduct from further attendance at the school, until the case can be reported to the governors, and decided upon by them. 79. The governors shall be at liberty to direct that the boys Capitation fees. attending the school shall pay capitation fees as follows; viz.— Every boy under twelve years of age, such sum not exceeding four shillings per quarter, and every boy, being twelve years of age and upwards, such sums not exceeding six shillings per quarter, as the governors may from time to time authorize or direct; and all capitation fees (if any) to become payable under this provision shall be paid by each boy, or his parents or friends, in advance quarterly to the master, who shall account for the same to the governors; but the governors may, in particular cases, if they see fit, direct that such capitation fee may be paid weekly or monthly; and they may, on the ground of poverty or other sufficient reason, excuse in special cases the payment of such capitation fees, either wholly or in part. 80. The capitation fees (if any) to be received from the boys Application of shall be paid and applied by the governors as follows; viz.--Two capitation fees. third parts thereof shall be paid half-yearly to the master of the school, in augmentation of his stipend, and the remaining one third part shall be applied towards increasing the remuneration R 19 & 20 VICT. of Stationery for scholars. Firing, lights, Endowed School at Moulton. of the assistant master or teachers of the school respectively (if any), or in providing prizes for the boys as herein-after mentioned, or for the general purposes of the charity, as the governors, in their discretion, shall think fit. 81. All printed books, slates, and stationery necessary for the use of the boys shall be provided and found by and at the expense of their respective parents, relations, or friends; but the trustees shall be at liberty to dispense with this provision in cases of necessity arising from poverty or other sufficient cause. 82. All requisite firing, fuel, and lights for the use of the and attendance. school, and the requisite attendance for cleaning and taking care of the schoolhouse, shall be provided by the governors out of the income of the charity. Internal regulation of school. Annual examination. Prizes. 83. Subject to the directions herein contained, and to such general regulations as the governors may from time to time prescribe, the discipline of the school, and the internal regulations and management thereof, and the holidays and vacations to be allowed, shall from time to time be under the direction and control of the master of the school. 84. There shall be an annual examination of the boys at the school at such time as shall be appointed by the governors; and the governors shall appoint some fit and proper examiner to conduct such examination, and may pay the examiner any sum not exceeding one guinea for his trouble and expenses; and such examination shall take place in the presence of the governors, or such of them as can conveniently attend, and of the masters of the Upper and Lower Schools, and such other persons as the governors may from time to time invite to attend the same. With the approbation of the governors, either the master or assistant master of the Upper School may act as the examiner at any such annual examination; but in that case no payment shall be made to such master or assistant master respectively for their respective services. 85. The governors may yearly, upon the occasion of such lastmentioned examination, distribute such and so many prizes as they may think fit among the meritorious scholars who shall distinguish themselves for learning or good conduct, and who in the judgment of the master of the school and the examiner shall be most deserving of the same; provided that no such single prize shall exceed in value the sum of 10s., and that the whole amount to be expended in such prizes in any one year shall not exceed the sum of two pounds. Subject to the provision herein-after contained respecting the foundation scholars to be appointed in the Upper School, the appointment to such foundation scholarships may be made the subject of competition at the said annual examinations at the Lower School; and such appointments may be given by the governors from time to time to the boys who upon the occasion of such examination shall appear to be most deserving thereof, having regard to their respective proficiency, capacity, and general conduct. CAP. Grand Juries. Church Building Commission. CA P. LIV. An Act to facilitate the Despatch of Business before Grand be sworn in the Presence of the I. From and after the passing of this Act it shall be lawful for Witnesses exthe Foreman of every Grand Jury empanelled in England and amined before - Wales, and he is hereby authorized and required, to administer Grand Juries to an Oath to all Persons whomsoever who shall appear before such Grand Jury to give Evidence in support of any Bill of Indictment, Jurors. and all such Persons attending before any Grand Jury to give Evidence may be sworn and examined upon Oath by such Grand Jury touching the Matters in question; and every Person taking any Oath or Affirmation in support of any Bill of Indictment who shall wilfully swear or affirm falsely shall be deemed guilty of Perjury; and the Name of every Witness examined or intended to be so examined shall be endorsed on such Bill of Indictment; and the Foreman of such Grand Jury shall write, his Initials against the Name of each Witness so sworn and examined touching such Bill of Indictment: Provided, however, that nothing in this Act contained shall affect any Fees by Law payable to any Officer of any Court for swearing Witnesses, but such Fees shall remain payable as if this Act had not passed. II. From and after the passing of this Act it shall not be Witnesses need necessary for any Person to take an Oath in open Court in order not be sworn in to qualify such Person to give Evidence before any Grand Jury. open Court. III. The Word "Foreman" shall include any Member of such Interpretation - Grand Jury who may for the Time being act on behalf of such of Terms. Foreman in the Examination of Witnesses in support of any Bill of Indictment; and the Word " Oath” shall include Affirmation, where by Law such Affirmation is required or allowed to be taken in lieu of an Oath. CA P. LV. An Act for transferring the Powers of the Church Building George the Third, Chapter Forty-five, it was enacted, that it should be lawful for His Majesty by Letters Patent to appoint such Persons as His Majesty should deem fit to be His Commissioners for carrying into execution the Purposes of the said Act, and that the said Commission should continue R 2 'in Church Building Commissioners continued to 1st Jan. 1857, and thenceforth their Powers, Church Building Commission. in force for the Term of Ten Years from the Date thereof, unless His Majesty should think fit sooner to alter or revoke the same: And whereas the said Commission has been continued from Time to Time, and now stands continued until the Twentieth Day of July One thousand eight hundred and fifty-six, unless Her Majesty should think fit sooner to revoke the same; and under the Act of the Session holden in the Seventh Year of King William the Fourth and the First Year of Her Majesty, Chapter 'Seventy-five, the said Commissioners are styled "Her Majesty's "Commissioners for building new Churches:" And whereas it ' is expedient that the said Commission should be continued for a Time herein-after limited, and that thenceforth the Powers of the said Commission should be vested in the Ecclesiastical Commissioners for England: 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: I. The Persons now or hereafter to be appointed to be Her Majesty's Commissioners for building new Churches shall continue to be such Commissioners, and their Commission shall continue in force until the First Day of January One thousand eight hundred and fifty-seven, and no longer, and immediately on the Determination of such Commission all the Duties, Powers, and &c. transferred Authorities vested in or which should or might have been perto the Ecclesi- formed or executed by such Commissioners shall become vested astical Commis- in and shall be performed and executed_by_the_Ecclesiastical sioners for England. After Determi nation of Com mission Section 11 of 58 G. 3. c. 45. repealed. Compensation Commissioners for England; and all Lands, Hereditaments, Monies, Securities for Money, Property, and Effects whatsoever vested in or held in trust for the said Commissioners for building new Churches shall be vested in or (as the Case may require) be held in trust for the Ecclesiastical Commissioners for England, and all Monies due and payable or which would have become due and payable to the said Commissioners for building new Churches shall become due and payable and be raised and recovered by and paid to such Ecclesiastical Commissioners; and the Provisions of any Act of Parliament, and any legal Instrument in which Her Majesty's Commissioners for building new Churches are mentioned or referred, shall, upon the Determination of their Commission, become applicable to the said Ecclesiastical Commissioners, except as herein-after provided. II. Section Eleven of the said Act of the Fifty-eighth Year of King George the Third shall from and after the said Determination of the said Commission be repealed; and it shall be lawful for the Commissioners of Her Majesty's Treasury to grant to such of the Persons in the Establishment of the said Commissioners for building new Churches, as may not be continued or employed by the said Ecclesiastical Commissioners, such Compensation as, having regard to the Nature of their Appointments and ing Commission the Length of their Service, the said Commissioners of the Treasury may think fit: Provided, that every Person to whom Ecclesiastical any such Compensation is granted shall be subject in respect to Officers of Church Build not continued in Office by Commissioners. thereof Church Building Commission. thereof to the Provisions contained in Sections Nineteen and Twenty of the Act of the Session holden in the Fourth and Fifth Years of King William the Fourth, Chapter Twenty-four; and the Compensations granted as aforesaid, and all such Charges and Expenses as might have been payable under the said Section Eleven of the said Act of the Fifty-eighth Year of King George the Third, if the same had not been repealed, shall respectively be paid from Time to Time out of such Monies as shall be provided by Parliament for the Purpose. CA P. LVI. An Act to constitute the Court of Session the Court of Ex- WHEREAS the Practice and Procedure in the Court of Exchequer in Scotland have been found inconvenient ' and troublesome, and it is expedient that the whole Power, 'Authority, and Jurisdiction at present belonging to the Court of Exchequer should be transferred to and vested in the Court ' of Session in Scotland, and that Provision should be made for the due Administration of Justice by the Court of Session in Exchequer Cases, and for all relative and necessary Proceedings in such Cases: Be it therefore 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: I. The whole Power, Authority, and Jurisdiction at present Court of Session belonging to the Court of Exchequer in Scotland, as at present to be the Court constituted, shall be transferred to and vested in the Court of of Exchequer Session, and the Court of Session shall be also the Court of Ex- in Scotland. chequer in Scotland. II. It shall be lawful for Her Majesty, Her Heirs and Successors, from Time to Time to nominate and appoint One of the Lords Ordinary in the Outer House of the Court of Session to be Lord Ordinary in Exchequer Causes under this Act; and the Lord Ordinary to be so appointed shall, unless where otherwise expressly allowed by this Act, be the sole Lord Ordinary in all Causes to be instituted or carried through before the Court of Session by virtue of this Act, and shall continue to act as Lord Ordinary in all such Causes so long as he shall continue a Lord Ordinary in the Outer House, or until another Lord Ordinary shall be nominated as aforesaid to act as Lord Ordinary in Exchequer Causes in his Room and Stead; and, unless where otherwise expressly provided by this Act, all Proceedings in Exchequer Causes under this Act shall be brought in the first instance before such Lord Ordinary. III. It shall be competent to the Lord Ordinary in Exchequer Causes at any Time, as well in Vacation or Recess as during the Sittings of the Court of Session, and on any Day or Days of the Year, whether Sederunt Days of the Court of Session or not, to entertain and dispose of all Matters of a summary Nature, or which R 3 may One of the Session to be Lord Ordinary in Exchequer Causes may act and in his Ab in Vacation; sence any other |