Endowed Schools Act 1869
| Year | 1869 |
Endowed Schools Act, 1869
(32 & 33 Vict.) CHAP. 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 Commissioners appointed by Her Majesty under letters patent dated the twenty-eighth day of December one thousand eight 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 application 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 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:
Preliminary.
1 Short title.
1. This Act may be cited as ‘TheEndowed Schools Act, 1869.’
2 Application of Act.
2. This Act shall not apply to Scotland or Ireland.
3 Commencement of Act.
3. This Act shall come into operation on the passing thereof, which date is in this Act referred to as the commencement of this Act.
4 Definition of ‘endowment.’
4. In this Act, unless the context otherwise requires, the term ‘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 whomsoever such property may be vested, and in whosesoever name it may be standing, and whether such property is in possession or in reversion, or a thing in action.
5 Definition of ‘educational endowment.’
5. In this Act, unless the context otherwise requires, the term ‘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 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 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.
6 Definition of ‘endowed school.’
6. In this Act, unless the context otherwise requires, the term ‘endowed school’ means a school which is (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 person or body corporate shall not by reason only that exhibitions are attached to such school be deemed to be an endowed school.
7 Interpretation of terms.
7. In this Act, unless the context otherwise requires,—
The term ‘exhibition’ means any exhibition, scholarship, or 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 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 any endowment:
The term ‘Committee of Council on Education’ means the Lords of the Committee of Her Majesty's Privy Council on Education.
8 Nothing in this Act, except as expressly provided, to apply to certain schools herein named.
8. Nothing in this Act, save as in this Act expressly provided, shall apply—
(1) (1.) To any school mentioned in section three of the Public Schools Act, 1868, or to the endowment thereof:
(2) (2.) To any school which, on the first of January one thousand eight hundred and sixty-nine, was maintained wholly or partly out of annual voluntary subscriptions, and had no endowment except school buildings or teachers residences, or playground or gardens attached to such buildings or residences:
(3) (3.) To any school which, at the commencement of this Act, is in receipt of an annual grant out of any sum of money appropriated by Parliament to the civil service, intituled ‘For Public Education in Great Britain,’ or to the endowment thereof; unless such school is a grammar school, as defined by the Act of the session of the third and fourth years of the reign of Her present Majesty, chapter seventy-seven, or a school a department of which only is in receipt of such grant:
(4) (4.) To any school (unless it is otherwise subject to this Act) which is 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) (5.) To any school (unless it is otherwise subject to this Act) which receives assistance 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:
(6) (6.) To 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 it is otherwise subject to this Act) which receives assistance out of such endowment:
(7) (7.) To any school which, during the six months before the first of January one thousand eight hundred and sixty-nine, was used solely for the education of choristers, or to the endowment of any such school if applicable solely for such education.
Reorganization of Endowed Schools.
9 Schemes for application of educational endowments.
9. The Commissioners (appointed as in this Act mentioned), by schemes made during the period, in the manner and subject to the provisions in this Act mentioned, shall have power, in such manner as may render any educational endowment most conducive to the advancement of the education of boys and girls, or either of them, to alter, and add to any existing, and to make new trusts directions and provisions in lieu of any existing, trusts directions and provisions which affect such endowment, and the education promoted thereby, including the consolidation of two or more such endowments, or the division of one endowment into two or more endowments.
10 Schemes as to governing bodies.
10. The Commissioners by any scheme relating to an educational endowment made during the period, in the manner and subject to the provisions in this Act mentioned, shall have power to alter the constitution, rights, and powers of any governing body of an educational endowment, and to incorporate any such governing body, and to establish a new governing body, corporate or unincorporate, with such powers as they think fit, and to remove a governing body, and in the case of any corporation (whether a governing, body or not) incorporated solely for the purpose of any endowment dealt with by such scheme, to dissolve such corporation.
11 Educational interests of persons entitled to privileges.
11. It shall be the duty of the Commissioners in every scheme which abolishes or modifies any privileges or educational advantages to which a particular class of persons are entitled, and that whether as inhabitants of a particular area or otherwise, to have due regard to the educational interests of such class of persons.
12 Schemes to extend benefit to girls.
12. In framing schemes under this Act, provision shall be made so far as conveniently may be for extending to girls the benefits of endowments.
13 Saving of interest of foundationer, master, governing body, &c.
13. It shall be the duty of the Commissioners to provide in any scheme for saving or making due compensation for the following vested interests; namely,
(1) (1.) The interest of any boy or girl who was at the time of the passing of this Act on the foundation of any endowed school:
(2) (2.) The tenure by any person of any exhibition dealt with by any such scheme which was held by him at the time of the passing of this Act:
(3) (3.) Such interest as any teacher or officer in any endowed school appointed to his office before the passing of the Endowed Schools Act, 1868, may have:
(4) (4.) Such interest as any person may have in any pension or compensation allowance to which he was entitled at the passing of the Endowed Schools Act, 1868:
(5) (5.) Such interest as any member of the governing body of any educational endowment appointed to his office before the...
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