previously existing, and may consolidate or divide any two or more endowments (1). Such schemes may also contain provisions for altering the constitution, rights and powers of any governing body of an educational endowment, and establishing new governing bodies corporate or unincorporate, and may remove any governing body, or, if it shall be incorporated, may dissolve such corporation (m)—it being the duty of the commissioners, in every scheme whereby the privileges or educational advantages of any particular class of persons, or of persons in any particular class of life, shall be abolished or modified, to have due regard to their educational interests (n)—and, so far as conveniently may be, to extend the benefits of endowments to girls (o).

Careful enactments are also made in reference to the subject of religious teaching, it being enacted, that in every scheme (except only such as have reference to schools maintained out of the endowment of any cathedral or collegiate church, or the scholars whereof shall be required by the founder to be instructed according to the doctrines or formularies of some particular church, sect or denomination), there shall be inserted a provision that the parent or guardian, or person liable to maintain any day scholar therein, may claim the exemption of such scholar from attending prayer or religious worship or instruction (p); that the religious opinions of any person shall not affect his qualification for being one of the governing body (q); and that he shall not be disqualified for being a master by reason only of his not being or intending to be in holy

(1) 32 & 33 Vict. c. 56, s. 9. (m) Sects. 9, 10.

(n) Sect. 11; and see 36 & 37 Vict. c. 87, s. 5.

(0) 32 & 33 Vict. c. 56, s. 12. (P) Sect. 15. With regard to boarding schools, the scheme is to provide, that if the persons in charge

of the school are not willing to allow such exemption, the scholar may attend thereat as a day scholar, and shall still enjoy any advantage or emolument he could have claimed as a boarder. (Sect. 16.)

(g) Sect. 17; 36 & 37 Vict. c. 87,

s. 6.

orders (r). Moreover, every scheme is to provide for the dismissal, at the pleasure of the governing body, of every teacher and officer in the school to which the scheme relates, including the principal teacher; with or without a power of appeal, in such cases and under such circumstances as to the commissioners shall seem expedient (s).

Any scheme drafted by the commissioners, as above mentioned, is to be printed and sent to the governing body of the endowment to which it relates, and also to the principal teacher of any endowment school to which it relates; and circulated in such other way as the commissioners may think proper, in order to give information to all persons interested (t): and if any objections are made in writing, or any alternative scheme suggested for consideration within three months of the publication of the draft scheme, the commissioners, (or an assistant commissioner,) may hold an inquiry concerning the subjectmatter of the scheme; and may submit a scheme, finally approved by them, for the approval of the committee of council on education, by whom it may be approved or rejected (u). There is, however, power given by the Act for any person or persons aggrieved by the scheme to petition her Majesty in council to withhold her approval thereof; and it may be directed to be laid before parliament, and the consent or refusal of the crown regulated in accordance with any address made from one or both houses respecting it (x).

III. As to Sites for Schools for the Poor, and for Lite- › rary and Scientific Institutions.

By 4 & 5 Vict. c. 38 (y), passed to facilitate the conveyance and endowment of "Sites for Schools," any person,

(r) 32 & 33 Vict. c. 56, s. 18.

(8) Sect. 22.

(t) Sect. 33.

(u) Sects. 33-36.

(x) Sects. 39-41.

(y) This Act (repealing a former statute on the same subject, 6 & 7 Will. 4, c. 70) is itself explained and

seised legally or equitably in fee simple, fee tail, or for life, in any lands of freehold, copyhold or customary tenure, and having the beneficial interest therein in possession,may grant by way of gift, sale, or exchange in fee simple, or for term of years, any quantity of such land not exceeding one acre as a site for a school to educate poor persons, or for the residence of the master or mistress of such a school, or otherwise for the purposes of the education of poor persons in religious and useful knowledge (z). But there is a proviso that no such grant shall be made by any person seised for life only, unless the person next in remainder in fee simple, or fee tail (if legally competent), shall join in such grant: and that, upon any land granted ceasing to be used for the purposes above mentioned, it shall revert to and become a portion of the estate of the former possessor thereof (a). It is also enacted, that land to the extent of an acre may, for the above purposes, be granted by any corporation, ecclesiastical or lay, sole or aggregate, in whom it may be, in any manner, vested, (though no ecclesiastical corporation sole below the dignity of a bishop, is to make such grant without the consent in writing of the bishop of the diocese); and that all grants for the purpose of the education of the poor may also be made to any corporation or trustees, to be held by them for such purposes (b).

Again, by 15 & 16 Vict. c. 49, all enactments in the Acts relating to grants of sites for schools, shall be construed as applicable to such schools or colleges for the

amended by 7 & 8 Vict. c. 37, 12 & 13 Vict. c. 49, and 14 & 15 Vict. c. 24. See also 22 Vict. c. 27, an Act "to facilitate grants of land to be made near populous places, for the use of regulated recreation of adults and as play-grounds for children." The powers given by the School Sites Acts are also extended by the 30 & 31 Vict. c. 133, to the case of enlargement of churchyards. And

by the 33 & 34 Vict. c. 75, s. 20, to
the public elementary schools estab-
lished by that Act.

(z) 4 & 5 Vict. c. 38, s. 2.
(a) Ibid.

(b) Sects. 6,7. And see provisions as to the appropriation, under inclosures, of allotments for sites of schools, 8 & 9 Vict. c. 118, s. 34; 20 & 21 Viet. c. 31, s. 13.

religious or educational training of the sons of yeomen, tradesmen or others, or for the theological training of candidates for holy orders, as are erected or maintained in part by charitable aid, and which in part are self-supporting. There is, however, a proviso that no ecclesiastical corporation shall be authorized to grant any site under this Act, except for schools or colleges in union with the Established Church; or to grant by way of gift, without a valuable consideration, for any of the purposes of the Act, any greater quantity of land in the whole than two acres.

Finally, by 17 & 18 Vict. c. 112 (called "The Literary and Scientific Institutions Act, 1854"),-it is provided that the same facilities as are afforded by the "School Sites Acts" in respect of schools for poor persons, shall be allowed to such persons and corporations as are described in the 4 & 5 Vict. c. 38 (c), in reference to a site for any such institution as thereinafter described (d). There is, however, a proviso that no such grant made by a person seised only for life shall be valid, unless the person entitled in remainder in fee simple, or fee tail, if legally competent in that behalf, shall join in the grant. There is also a similar provision, as that in the 4 & 5 Vict. c. 38, enacting that land gratuitously granted for the purposes of an institution shall revert to the estate of the grantor, on its ceasing to be used for that purpose, except only in the case of a removal of site, when such land may be exchanged or sold for the benefit of the institution. There

are also in the Act of 17 & 18 Vict. c. 112 a variety of other provisions with reference to such institutions. These relate chiefly to the persons by and to whom, and the manner in which, conveyances of their sites may be made, and as to the form of such conveyances ;—as to the subsequent sale or exchange of the land conveyed;-as to the liability of the trustees in whom such land is vested, to rates, taxes, and other charges, and expenses ;-as to the manner in which the personal property of the institution shall be deemed to be vested; -as to the manner in which suits by or against them may be brought, and in which judgment shall be satisfied;-as to their power to make bye-laws enforceable in the county court of the district (e);

-as to the liability of individual members to be sued or prosecuted in matters affecting the property of the institution; and as to the manner in which the institution may proceed to effect an alteration, extension or abridgment of the purposes for which they were established, or to effect their own dissolution, or the adjustment of their affairs (ƒ).

IV. As to Parliamentary Grants for the Education of the Poor.

By 7 & 8 Vict. c. 37-after reciting that during several years past divers sums of money had been granted by parliament to her Majesty, to be applied for the purpose of promoting the education of the poor in Great Britain, and that similar grants might thereafter be made,—it was provided, that where any such grant had been or should thereafter be made in aid of the purchase of the site, or of the erection, enlargement, furnishing or repair of a school, or in respect of the residence of the master or mistress thereof, upon terms and conditions providing for the

(e) See County Court Rules and Orders, 1867, Nos. 269, 270.

(f) The" Royal Institution," and the "London Institution for the ad

vancement of literature and the diffusion of useful knowledge," are exempted from the provisions of the Act (17 & 18 Viet. c. 112, s. 33).