Grammar Schools Act 1840
| Jurisdiction | UK Non-devolved |
| Citation | 1840 c. 77 |
| Year | 1840 |
(3 & 4 Vict.) C A P. LXXVII.
[7th August 1840]
'WHEREAS there are inEngland and Wales many endowed Schools, both of Royal and Private Foundation, for the Education of Boys or Youth wholly or principally in Grammar; and the Term ‘Grammar’ has been construed by Courts of Equity as having reference only to the dead Languages, that is to say, Greek and Latin: And whereas such Education, at the Period when such Schools or the greater Part were founded, was supposed not only to be sufficient to qualify Boys or Youth for Admission to the Universities, with a view to the learned Professions, but also necessary for preparing them for the superior Trades and Mercantile Business: And whereas from the Change of Times and other Causes such Education, without Instruction in other Branches of Literature and Science, is now of less Value to those who are entitled to avail themselves of such charitable Foundations, whereby such Schools have, in many Instances, ceased to afford a substantial Fulfilment of the Intentions of the Founders; and the System of Education in such Grammar Schools ought therefore to be extended and rendered more generally beneficial, in order to afford such Fulfilment; but the Patrons, Visitors, and Governors thereof are generally unable of their own Authority to establish any other System of Education than is expressly provided for by the Foundation, and Her Majesty's Courts of Law and Equity are frequently unable to give adequate Relief, and in no Case but at considerable Expence: And whereas in consequence of Changes which have taken place in the Population of particular Districts it is necessary, for the Purpose aforesaid, that in some Cases the Advantages of such Grammar Schools should be extended to Boys other than those to whom by the Terms of the Foundation or the existing Statutes the same is now limited, and that in other Cases some Restriction should be imposed, either with reference to the total Number to be admitted into the School, or as regards their Proficiency at the Time when they may demand Admission; but in this respect also the said Patrons, Visitors, and Governors, and the Courts of Equity, are frequently without sufficient Authority to make such Extension or Restriction: And whereas it is expedient that in certain Cases Grammar Schools in the same Place should be united: And whereas no Remedy can be applied in the Premises without the Aid of Parliament:' Be it therefore declared and 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 Authorityof the same, That whenever, after the passing of this Act, any Question may come under Consideration in any of Her Majesty's Courts of Equity concerning the System of Education thereafter to be established in any Grammar School, or the Right of Admission into the same, whether such Question be already pending, or whether the same shall arise upon any Information, Petition, or other Proceedings which may be now or at any Time hereafter filed or instituted, for whatever Cause the same may have been or may be instituted, according to the ordinary Course of Proceedings in Courts of Equity, or under the Provisions of this Act, it shall be lawful for the Court to make such Decrees or Orders as to the said Court shall seem expedient, as well for extending the System of Education to other useful Branches of Literature and Science in addition to or (subject to the Provisions herein-after contained) in lieu of the Greek and Latin Languages, or such other Instruction as may be required by the Terms of the Foundation or the then existing Statutes, as also for extending or restricting the Freedom or the Right of Admission to such School, by determining the Number or the Qualifications of Boys who may thereafter be admissible thereto, as free Scholars or otherwise, and for settling the Terms of Admission to and Continuance in the same, and to establish such Schemes for the Application of the Revenues of any such Schools as may in the Opinion of the Court be conducive to the rendering or maintaining such Schools in the greatest Degree efficient and useful, with due Regard to the Intentions of the respective Founders and Benefactors, and to declare at what Period and upon what Event such Decrees or Orders, or any Directions contained therein, shall be brought into operation, and that such Decrees and Orders shall have Force and Effect notwithstanding any Provisions contained in the Instruments of Foundation, Endowment, or Benefaction, or in the then existing Statutes: Provided always, that in case there shall be any special Visitor appointed by the Founder, or other competent Authority, Opportunity shall be given to such Visitor to be heard on the Matters in question, in such Manner as the Court shall think proper, previously to the making such Decrees or Orders.
II Before making such Decrees the Courts shall consider the Intentions of the Founders, the State of School, &c.
II. Provided always, and be it enacted, That in making any such Decree or Order the Court shall consider and have regard to the Intentions of the Founders and Benefactors of every such Grammar School, the Nature and Extent of the Foundation and Endowment, the Rights of Parties interested therein, the Statutes by which the same has been hitherto governed, the Character of the Instruction theretofore afforded therein, and the existing State and Condition of the said School, and also the Condition, Rank, and Number of the Children entitled to and capable of enjoying the Privilege of the said School, and of those who may become so capable if any extended or different System of Education, or any Extension of the Right of Admission to the said School, or any new Statutes, shall be established.
III Court not to dispense with the principal Objects, or the Qualifications required, unless, &c.
III. Provided also, and be it enacted, That, unless it shall be found necessary from the Insufficiency of the Revenues of any Grammar School, nothing in this Act contained shall be construed as authorizing the Court to dispense with the teaching of Latin and Greek, or either of such Languages, now required to be taught, or to treat such Instruction otherwise than as the principal Object of the Foundation; nor to dispense with any Statute or Provision now existing, so far as relates to the Qualification of any Schoolmaster or Under Master.
IV Standard of Admission not to be lowered where Greek and Latin is retained.
IV. Provided also, and be it enacted, That in extending, as herein-before provided, the System of Education or the Right of Admission into any Grammar School in which the teaching of Greek or Latin shall be still retained, the Court shall not allow of the Admission of Children of an earlier Age or of less Proficiency than may be required by the Foundation or existing Statutes, or may be necessary to show that the Children are of Capacity to profit by the Kind of Education designed by the Founder.
V Where the teaching of Greek and Latin is dispensed with, analogous Instruction to be substituted, &c.
V. Provided also, and be it enacted, That whenever, on account of the Insufficiency of the Revenues of any Grammar School, the Court shall think fit to dispense with the teaching of Greek or Latin, the Court shall prescribe such a Course of Instruction, and shall require such Qualifications in the Children at the Period of their Admission, as will tend to maintain the Character of the School as nearly as, with reference to the Amount of the Revenues, it may be analogous to that which was contemplated by the Founder; and that whenever, on the like Account, the Court shall think fit to dispense with any Statute or Provision as far as relates to the Qualification of any Schoolmaster or Under Master, the Court shall substitute such Qualification as will provide for every Object implied in the original...
To continue reading
Request your trial