324 to any of the aforesaid purposes except the establishment of schools or libraries; but, except so far as applied to the last-mentioned purposes, such capital sums shall be invested by the General Assembly or the respective deacons courts, as the case may be, upon deposit in any bank carrying on business in Great Britain and incorporated under Act of Parliament or by Royal charter, or upon heritable security, or in the purchase of Government stocks, Exchequer bills, feu-duties, or groundannuals, or of mortgages, debentures, debenture stock, or guaranteed or preference shares or stock of any company carrying on business in Great Britain incorporated by Act of Parliament and paying dividend on their ordinary share capital, or of any dock, harbour, or navigation trust, or municipal authority in Great Britain; and the interest or other annual income of such capital sums may be applied to any of the purposes herein-before specified. General saving. 11. Nothing contained in this Act shall be construed as requiring the application to educational purposes of any school properties, or of the proceeds of sale or rents of any school properties, held under titles which do not require the same to be used for such purposes, nor as requiring the consent of the General Assembly to the exercise with respect to any school property of any power of sale or letting or appli cation which could, previously to the passing of this Act, have been exercised without such consent. Not to affect ss. 37-39 of 35 & 36 Vict. c. 62, 12. Nothing contained in this Act shall affect the provisions contained in the thirty-seventh, thirty-eighth, and thirty-ninth sections of the Education Act. Expenses of Act. 13. The costs, charges, and expenses of and incident to preparing for, obtaining, and passing this Act, or otherwise in relation thereto, shall be paid in the first instance by the General Assembly, who may charge the same upon the proceeds of the sales of school properties, when realised by the several deacons courts, in such proportions as the General Assembly may consider just. VI. ENDOWED INSTITUTIONS (SCOTLAND) ACT, An Act to amend the Law relating to Endowed Schools and Hospitals and other Endowed Institutions in Scotland; and for other purposes. [8th August 1878.] Whereas there are numerous endowed schools and hospitals and other endowed institutions in Scotland, and it is expedient that provision should be made to enable the governors, managers, trustees, or other governing body thereof to apply for and obtain from Parliament power and authority whereby changes may be made in the government and management of the said schools, hospitals, and institutions, or in the application of their endowments, and at the same time provision may be made for upholding the standard of education which has hitherto been maintained in Scotland: 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: Short Title. 1. This Act may be cited as the Endowed Institutions (Scotland) Act, 1878. Application of Act. 2. This Act shall apply to Scotland only. Interpretation of Terms. 3. In this Act, unless the context otherwise requires, the following words and expressions have the meanings hereby assigned to them; viz., 66 Secretary of State" means any one of Her Majesty's Principal Secretaries of State : Governing body" includes governors, managers, trustees, school boards, or other person or persons, corporate or unincorporate, having, otherwise than as teacher or master, the right of holding any endowment, or any power of government of or management over any endowed institution : "Endowed institution" means a school, hospital, or other institution wholly or partly maintained by means of any endowment, and includes a mortification or bequest for educational or charitable uses, or for uses partly educational and partly charitable, or for the establishment or maintenance of a public library : Endowment" means any description of property, heritable or moveable, which is dedicated to educational, literary, or charitable uses, or to uses partly educational and partly charitable, or for the establishment, management, and maintenance of a public library, in whomsoever such property may be vested, in whosesoever name it may be standing, or by whatsoever tenure or title it may be held: "Scotch Education Department" means the Lords of the Committee of the Privy Council on Education in Scotland: "The Commissioners" means the Commissioners herein-after appointed, and "Commissioner" means one of such Commissioners. Governing Body may resolve to apply for a Provisional Order. 4. It shall be lawful for the governing body of any endowed institution in Scotland, at a meeting specially called for the purpose at a month's notice, to resolve, by a majority of those present at the meeting, that it is expedient that provision should be made for the better government and administration of such institution, or for the better application of the endowments thereof, or for the transference of such institution and the endowments thereof, and that an application should be made to the Secretary of State for a provisional order. Governing Body may present Petition to Secretary of State. 5. On the foresaid resolution being carried, it shall be lawful for the said governing body to present a petition to the Secretary of State, setting out such resolution, and stating the provisions for the better government and administration of such institution, or the better application of the endowments thereof, which they desire to have sanctioned. Upon receipt of any such petition as aforesaid the Secretary of State may, if he shall think fit, direct such petition to be published in the Edinburgh Gazette in two consecutive numbers thereof, and in one or more newspapers circulating in the county or counties where such institution is situated, with a view to further inquiry. Commissioners may Inquire and Report to Secretary of State. 6. The Secretary of State may, if he shall think fit, by writing under his hand, remit1 to the Commissioners herein-after mentioned to inquire into the said petition and report thereon to the said Secretary of State; and for the purposes of such inquiry, which shall be held in public, the said Commissioners shall have power, after such public notice as they may think sufficient, to examine witnesses on oath, and to call for such information from, and to require the production of such documents by, the governing body, or any other persons, as they may consider necessary, and to do all such matters and things as may seem to them expedient for the purposes of the inquiry. After the holding of such inquiry the Commissioners shall report to the Secretary of State as to whether, in their opinion, the provisional order prayed for should be made, and if so, with what, if any, alterations or modifications therein. 1 The petition of the Trustees of Spier's Institute, Ayrshire, has been remitted to the Commissioners. Power to Secretary of State to issue Provisional Order. 7. It shall be lawful for the Secretary of State to issue a provisional order in relation to the several things mentioned in the foresaid petition, either in accordance therewith, or with such alterations or modifications, not being inconsistent with the general principles thereof, as may appear to him to be requisite, or otherwise to refuse to issue such provisional order. Provided always, that in every such provisional order provision shall be made for saving or making due compensation for the vested interests to which any teacher, master, officer, scholar, bursar, exhibitioner, pensioner, or other shall be entitled at the date of such order. Provided also, that if the provisional order shall contain any alterations or modifications as aforesaid, the Secretary of State shall before signing the order cause a copy of it to be sent to the governing body, who may, if they think fit, state in writing to the Secretary of State any objections or suggestions respecting such order within one month after the copy thereof was sent to the governing body; and the Secretary of State shall, if he think fit, remit to the Commissioners to report on such objections and suggestions, and shall consider the same together with the report of the Commissioners. Provisional Order to be laid before Parliament. 8. The provisional order aforesaid shall not have any effect or operation unless and until the same has been laid before both Houses of Parliament; and it shall be lawful for the Secretary of State, and he is hereby required, as soon as conveniently may be, to cause such provisional order to be laid before both Houses of Parliament; and after such provisional order has lain forty days before Parliament, then, unless within such forty days a resolution has been adopted by one or other of the said Houses disapproving of the said order, such provisional order shall come into operation. Several Governing Bodies may concur in applying for Provisional Order. 9. It shall be lawful for the governing bodies of two or more endowed institutions to concur in applying for a provisional order under this Act, and such order may provide for the union of such institutions or for the application of their endowments or part thereof under a governing body to be constituted by such order. Governing Body may apply for Transference of Endowments. 10. It shall be lawful for the governing body of an endowed institution to apply for a provisional order, and such order may provide for the transference of the institution and the endowments of such institution or part thereof to the governing body of one or more other endowed institutions, or to one or more school boards, subject to the provisions contained in such order. Commissioners to submit Conditions of Distribution of Parliamentary Grant with view to Promotion of Higher Education. 11. The Commissioners shall submit for the consideration of the Scotch Education Department the conditions according to which, in their opinion, the parliamentary grant for public education in Scotland may be most advantageously distributed for the purpose of promoting education in the higher branches of knowledge in public and Stateaided schools, especially in those districts in which there are no higherclass public schools: Provided always, that the duty of determining from time to time the rates and conditions according to which the said grants may be given, and of framing, and from time to time revising the minutes containing the same, shall be upon the Scotch Education Department.1 Commissioners to be appointed. 12. For the purposes of this Act it shall be lawful for Her Majesty from time to time, on the recommendation of the Secretary of State, to appoint Commissioners to hold office during Her Majesty's pleasure, but the number of such Commissioners shall not at any one time exceed seven.1 The office and general place of business of the Commissioners shall be in Edinburgh; but the Commissioners may from time to time appoint any one or more of their number to hold an inquiry in terms of this Act, and to visit such places as may be necessary for that purpose. Any Commissioner or Commissioners so appointed shall have and may exercise all the powers of the Commissioners, except that of reporting to the Secretary of State. Her Majesty may, on the recommendation of the Secretary of State, from time to time appoint a fit person to be secretary to the Commissioners, to hold office at Her Majesty's pleasure; and the Commissioners may appoint such necessary clerks and officers as shall be sanctioned by the Commissioners of Her Majesty's Treasury to hold office during the pleasure of the Commissioners. The Commissioners of Her Majesty's Treasury may assign to the secretary, clerks, and officers such salaries as they may think proper. The salaries paid under this Act, together with the whole expenses of the Commissioners and of their establishment, and reasonable travelling expenses, shall be defrayed out of moneys to be voted by Parliament. Provided that such Commissioners shall receive no remuneration except for such reasonable travelling or other expenses as may be incurred in the discharge of their duties under this Act. 1 On 22d August 1878 the following Commissioners were appointed by the Queen in Council, viz. :-The Right Honourable James, Baron Moncreiff, Lord Justice-Clerk; the Right Honourable Alexander Hugh, Baron Balfour of Burleigh; Sir James Watson, Kt.; John Ramsay, Esq.; James Alexander Campbell, Esq., LL.D.; Peter Guthrie Tait, Esq., D.Sc., Professor of Natural Philosophy in the University of Edinburgh; and James Donaldson, Esq., LL.D., Rector of the Royal High School of Edinburgh. Her Majesty was also pleased to appoint George R. Gillespie, Esq., Advocate, to be Secretary to the Commissioners. Office-32 Queen Street, Edinburgh. |