Sect. 13. Construction of Act in relation to endowments applicable to purposes thereof. Exemption of schemes from certain provisions of Endowed Schools Acts. Report by Charity Commissioners. Application of Act to counties and county boroughs. 51 & 52 Vict. c. 41. 13. For the purposes of any scheme under this Act every notice relating to the scheme shall be sent to the joint education committee concerned therein in like manner as if they were a governing body, and such committee shall, during the duration of their powers under this Act, have the same power of applying to the Charity Commissioners with respect to any educational endowment within their county as if they were the governing body of that endowment. Nothing in this Act shall authorize the making of any scheme. interfering with (1.) Any endowment given either by present gift made subsequently to the passing of the Endowed Schools Act, 1869, or by the will of a testator who died subsequently to the passing of the said Act, unless the founder or governing body of such endowment assents to the scheme. In the case of an endowment or part of an endowment given either by present gift made subsequently to the passing of the Endowed Schools Act, 1869, or by the will of a testator who died subsequently to the passing of the said Act, sections twenty-five and twenty-six of the said Act shall for the purposes of a scheme under this Act, and subject to the provisions of this Act, apply in like manner as if the same and any older endowment or part of an endowment were respectively in the said sections substituted for an endowment or part of an endowment originally given to charitable uses less or more than fifty years before the commencement of the said Act (b). 14. Nothing in the Endowed Schools Acts which is inconsistent with any of the provisions of this Act shall apply in the case of any scheme under this Act, but subject to this enactment the powers conferred by this Act shall be in addition to, and not in derogation of, the powers under the said Act. 15. The Charity Commissioners shall in every year cause to be laid before both Houses of Parliament a report of the proceedings under this Act during the preceding year. 16.-(1.) In this Act the expression "county" means an administrative county as defined in the Local Government Act, 1888 (c), and includes a county borough within the meaning of that Act, and the expression "county council" includes the council of a county borough. average annual income of the aggregate educational endowments of which during the three years before September 1st, 1873, did not exceed one hundred pounds. (b) Sections 25 and 26 of the Act of 1869 relate to the application of that Act to cases where old and new endowments have become mixed. The sections must be referred to, to explain the provision in the text. (c) "Administrative county" means the area for which a county council is elected in pursuance of the Local Government Act, 1888, and see the definition in s. 100 of that Act, ante, p. 172. (2.) Any sums payable by the council of a county borough in Sect. 16 (2). pursuance of this Act shall be paid out of the borough fund or borough rate. 17. In this Act unless there is something in the context inconsistent General therewith The expression "intermediate education" means a course of education which does not consist chiefly of elementary instruction in reading, writing, and arithmetic, but which includes instruction in Latin, Greek, the Welsh and English language and literature, modern languages, mathematics, natural and applied science, or in some of such studies, and generally in the higher branches of knowledge, but nothing in this Act shall prevent the establishment of scholarships in higher or other elementary schools; The expression "technical education includes instruction in- (ii.) The use of tools, and modelling in clay, wood, or other (iii.) Commercial arthmetic, commercial geography, book-keeping and shorthand; (iv.) Any other subject applicable to the purposes of agriculture, of a joint education committee, as a form of instruction but it shall not include teaching the practice of any trade or industry or employment. definitions. The expression Endowed Schools Acts' means the Endowed 32 & 33 Viet. Schools Acts, 1869, 1873, and 1874; c. 56. 37 & 38 Vict. The expression "Education Department" means the Lords of the Committee of Her Majesty's Privy Council on Education; The expression "Charity Commissioners" 'Charity Commissioners" means the Charity c. 87. Commissioners for England and Wales; The expression "scholarship" includes exhibition or other educational emolument; The expression "parent" includes guardian and every person who is liable to maintain or has the actual custody of a child; The expression "scheme under this Act" means a scheme under the Endowed Schools Act as amended by this Act. Corruption Penalty for offences. PUBLIC BODIES CORRUPT PRACTICES ACT, 1889. (52 & 53 VICT. CAP. 69.) An Act for the more effectual Prevention and Punishment of Bribery and Corruption of and by Members, Officers, or Servants of Corporations, Councils, Boards, Commissions, or other Public [30th August, 1889.] Bodies. WHEREAS it is expedient more effectually to provide for the prevention and punishment of bribery and corruption of and by members, officers, or servants of corporations, councils, boards, commissions, and other public bodies: 1.-(1.) Every person who shall by himself, or by, or in conjunction with any other person, corruptly solicit or receive, or agree to receive (d), for himself, or for any other person, any gift, loan, fee, reward, or advantage (e) whatever as an inducement to, or reward for, or otherwise on account of any member, officer, or servant of a public body as in this Act defined (e), doing or forbearing to do anything in respect of any matter or transaction whatsoever, actual or proposed, in which the said public body is concerned, shall be guilty of a misdemeanor (ƒ). (2.) Every person (g) who shall by himself, or by, or in conjunction with any other person, corruptly give, promise, or offer any gift, loan, fee, reward, or advantage (h) whatsoever to any person, whether for the benefit of that person or of another person, as an inducement to or reward for, or otherwise on account of any member, officer, or servant of any public body as in this Act defined (h), doing or forbearing to do anything in respect of any matter or transaction whatsoever, actual or proposed, in which such public body as aforesaid is concerned, shall be guilty of a misdemeanor (i). 2. Any person on conviction for offending as aforesaid shall, at the discretion of the court before which he is convicted (k)— (d) This sub-section applies to the person bribed or corrupted. The next sub-section deals with the person bribing. It is not necessary on an indictment for an offence under this sub-section to prove that the accused at the time of the commission of the alleged offence was himself a member, officer, or servant of a public body as defined by this Act, the alleged offence being an attempt to obtain a sum of money for abstaining, or inducing other persons to abstain, from giving evidence on an application to the London County Council for a music and dancing licence. R. v. Edwards, 59 J. P. 88. (e) For the definition of "advantage," "public body,” etc., see s. 7, infra. (f) This misdemeanor will be an offence which may be tried on indictment at quarter sessions (s. 6). The penalty is prescribed by s. 2. (g) The word "person" includes a body of persons, such as a firm or joint stock company. See s. 7. (h) See the definition of "advantage," "public body,” etc., in s. 7, infra. (i) See note (f) to the preceding sub-section. (k) The court will be either the court of quarter sessions (see s. 6), or the assizes, or Central Criminal Court. The offence is not punishable summarily. (a.) Be liable to be imprisoned for any period not exceeding two years, with or without hard labour, or to pay a fine not exceeding five hundred pounds, or to both such imprisonment and such fine; and (b.) In addition, be liable to be ordered to pay to such body (1), and in such manner as the court directs, the amount or value of any gift, loan, fee, or reward received by him or any part thereof; and (c.) Be liable to be adjudged incapable of being elected or appointed to any public office (m) for seven years from the date of his conviction, and to forfeit any such office held by him at the time of his conviction; and (d.) In the event of a second conviction for a like offence, he shall, in addition to the foregoing penalties, be liable to be adjudged to be for ever incapable of holding any public office (m), and to be incapable for seven years of being registered as an elector, or voting at an election either of members to serve in Parliament or of members of any public body, and the enactments for preventing the voting and registration of persons declared by reason of corrupt practices to be incapable of voting shall apply to a person adjudged in pursuance of this section to be incapable of voting (n); and (e.) If such person is an officer or servant in the employ of any public body upon such conviction (o) he shall, at the discretion of the court, be liable to forfeit his right and (1) That is, the public body (as defined by s. 7) concerned in the transaction in respect of which the offence was committed. (m) As to what is a public office, see s. 7. (n) The Corrupt Practices Act, 1883, s. 37, provides that every person who, in consequence of conviction, or of the report of an election court under that Act, or the Municipal Corporations Act, 1882, Part IV., or under any other Act for the time being in force, relating to corrupt practices at an election for any public office, has become incapable of voting at any election, whether a parliamentary election or an election to any public office, is prohibited from voting at any such election, and his vote shall be void. By s. 39, the registration officer (ie., the clerk of the county council or town clerk) in every county and borough is required annually to make out a list of persons disqualified to vote by reason of corrupt practices, and to send this list to the overseers of every parish in the county or borough, and the overseers are to publish this list, and omit the name of every person named in it from the list of voters prepared by them. By the Municipal Elections (Corrupt Practices) Act, 1884 (47& 48 Vict. c. 70), s. 24, ante, p. 358, the town clerk of every municipal borough is required annually, in July, to make out a list of persons disqualified by corrupt practices to vote at a municipal election in the borough, and to send a copy to the overseers of every parish in the borough, and the overseers must omit the names of the persons named therein from the burgess list. It seems to follow from the text that the lists prepared by clerks of the peace and town clerks under these enactments must include the names of all persons convicted under this Act. (0) This consequence will apparently follow, whether the conviction is for a first or a subsequent conviction. Sect. 2. Sect. 2. Savings. Restriction on prosecution. Expenses of prosecution. Jurisdiction of quarter sessions. Interpretation. claim to any compensation or pension to which he would. otherwise have been entitled. 3.-(1.) Where an offence under this Act is also punishable under any other enactment, or at common law, such offence may be prosecuted and punished either under this Act, or under the other enactment, or at common law, but so that no person shall be punished twice for the same offence (p). (2.) A person shall not be exempt from punishment under this Act by reason of the invalidity of the appointment or election of a person to a public office (q). 4.-(1.) A prosecution for an offence under this Act shall not be instituted except by or with the consent of the Attorney-General (r). (2.) In this section the expression " Attorney-General" means the Attorney or Solicitor-General for England, and as respects Scotland, means the Lord Advocate, and as respects Ireland, means the Attorney or Solicitor-General for Ireland. 5. The expenses of the prosecution of an offence against this Act shall be defrayed in like manner as in the case of a felony (s). 6. A court of general or quarter sessions shall in England have jurisdiction to inquire of, hear, and determine an offence under this Act (t). 7. In this Act The expression "public body" means any council of a county or county of a city or town, any council of a municipal (p) It appears from Com. Dig. "Officer" (N.), that all'officers, whether such by the common law, or made pursuant to statute, are punishable for corruption or oppressive proceedings, according to the nature and heinousness of the offence, either by indictment, attachment, action at the suit of the party injured, loss of their offices, etc. It is also stated that bribery of an officer is punishable at common law by fine and imprisonment. It is unlikely, however, that any offence which is within the terms of this Act will be dealt with otherwise than as herein provided. (q) In other words, the Act will apply to the corrupt acts of members, officers, or servants who are such de facto, though the validity of their election or appointment may open to question. be (r) It is entirely in the discretion of the Attorney-General to grant or refuse his consent. See Ex parte Hurter, 47 J. P. 724; 15 Cox C. C. 166. But for the provision in the text, a prosecution could have been instituted by auy person. (s) By 7 Geo. 4, c. 64, s. 22, the court before which any person shall be prosecuted or tried for any felony may order payment of the expenses of the prosecutor and his witnesses in attending before the examining magistrate and the grand jury, and in otherwise carrying on the prosecution. By s. 25, these expenses are payable by the treasurer of the county. By 29 & 30 Vict. c. 52, s. 1, in any case of felony the examining magistrate can make an order for costs and expenses of the prosecutor and his witnesses, though there may have been no committal. And by 30 & 31 Vict. c. 35, the provisions of the preceding Acts were extended to the expenses of witnesses for the defence who were bound over to appear at the trial. (t) It seems doubtful whether any such provision was necessary to give jurisdiction to the quarter sessions. The general rule with regard to indictable offences newly created by statute, is that the quarter sessions has jurisdiction unless it is otherwise expressly provided. "Archbold's Quarter Sessions," p. 912; Com. Dig. "Justice of the Peace,” B. (3); and see R. v. Cock, 4 M. & S. 71 |