Miscellaneous
20 Provisions as to Westminster School
The following Provisions shall be made with respect to Westminster School; that is to say,
(1) There shall be paid to the Governing Body of Westminster School for the Time being by the Ecclesiastical Commis-
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sioners for the Support of the School an annual Sum of not less than Three thousand five hundred Pounds, and a Capital Sum of Fifteen thousand Pounds.
(2) The annual Sum of Three thousand five hundred Pounds shall be paid by equal half-yearly Payments on the Twenty-fifth Day of March and the Twenty-ninth Day of September in every Year, the first half-yearly Payment to be made on the Twenty-fifth Day of March next after the passing of this Act, and the said Capital Sum of Fifteen thousand Pounds on the Twenty-ninth Day of September next:
(3) The Ecclesiastical Commissioners shall take Steps as soon as they can conveniently for transferring to and vesting in the Governing Body for the Time being of Westminster School, and their Successors in Fee Simple, for the Support of the School, such a Portion of the Estates then vested in the Commissioners as may be adequate to produce an annual Income of not less than Three thousand five hundred Pounds after deducting all Expenses of Management:
(4) Upon such Transfer as aforesaid being effected the Payment of the said annual Sum of Three thousand five hundred Pounds by the Ecclesiastical Commissioners shall cease:
(5) The said Capital Sum of Fifteen thousand Pounds shall be invested by the Governing Body of the School in Three Pound per Centum Bank Annuities, and shall be applied in manner herein-after mentioned:
(6) From and after the passing of this Act there shall vest in the Governing Body for the Time being of Westminster School for the Use of the School the Playground in Vincent Square, with the Lodge on such Playground, the Dormitory with its Appurtenances, the School and Class Rooms, the Houses and Premises of the Head Master and Under Master, the Three Boarding Houses, and the Gymnasium, excepting the Crypts:
(7) All the said Buildings shall be held by the said Governing Body for the Use of the School, and it shall be incumbent on the said Governing Body to keep as an open Space for the Recreation of the Boys, and for no other Purpose, the said Playground in Vincent Square:
(8) The Hall and the Playground in Dean's Yard shall continue to be used in the same Manner as heretofore by the Scholars of Westminster School:
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(9) The Dean and Chapter of Westminster shall transfer to and vest in the Governing Body of Westminster School in Fee Simple the Houses following, on the Request of such Governing Body, at such Times and upon Payment of such Sums as are herein-after mentioned; that is to say,
First. The House in Great Dean's Yard now occupied by the Rector Canon of Saint John the Evangelist on the next Avoidance of the said Canonry, and on Payment of the Sum of Four thousand Pounds to the Ecclesiastical Commissioners:
Second. The House now occupied by the Sub-Dean on the next Avoidance of the Canonry held by the said Sub-Dean, and on Payment to the said Commissioners of the like Sum of Four thousand Pounds:
Third. The House now occupied by Mr. Turle on the next Vacancy in the Office of Organist of the Collegiate Church, Westminster, and on Payment to the said Commissioners of the Sum of Two thousand Pounds:
(10) The Governing Body of the School shall be at liberty to make the foregoing Payments of Four thousand Pounds, Four thousand Pounds, and Two thousand Pounds, or such of them as may be required out of the said Sum of Fifteen thousand Pounds, and may apply the Residue of the said Sum in erecting new Buildings or improving old Buildings, or otherwise in making Improvements in or about the Property of the School, and they may apply the Income arising from any Securities on which the said Sum of Fifteen thousand Pounds may for the Time being be invested in the same Manner in which the Residue of their Income is applicable:
(11) The Monies paid to the Ecclesiastical Commissioners in respect of the said Canonry Houses, or either of them, shall be held by the said Commissioners on trust for the Dean and Chapter of Westminster, to be expended in building on the College Gardens, according to Plans to be approved by the Dean of Westminster for the Time being, Houses or a House equivalent to the Houses or House in respect of which such Payments may be made; and in the meantime the Ecclesiastical Commissioners shall allow and pay to the Canon or Canons who would have been entitled to the Occupation of such House or Houses if the
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same had not been so taken for the Purposes of Westminster School Interest after the Rate of Three Pounds per Centum per Annum on such Monies or the Balances thereof from Time to Time remaining in the Commissioners Hands:
(12) The Monies paid to the Ecclesiastical Commissioners in respect of the House now occupied by Mr. Turle, the Organist of the Collegiate Church of Westminster, shall be held by the Commissioners in trust for the Dean and Chapter of Westminster, who shall be entitled to Interest thereon after the like Rate of Three Pounds per Centum per Annum until such Capital Monies and all Balances thereof shall have been expended by the Dean and Chapter in providing another Residence for the Organist of their Church:
(13) If the Dean and Chapter of Westminster and the Governing Body for the Time being of Westminster School agree that it would be for the Benefit of the School that any Premises not herein-before mentioned, and being at the Time of such Agreement Part of the Property of the Dean and Chapter, should become the Property of the School, the Dean and Chapter may convey the same to the School at a Price to be agreed upon or to be settled by an Arbitrator to be appointed by the President for the Time being of Her Majesty's Most Honourable Privy Council:
(14) Any Transfers of Lands which in pursuance of this Act may be made by the Ecclesiastical Commissioners to the Governing Body of Westminster School may be effected under the Provisions of a Scheme prepared by the Ecclesiastical Commissioners, and approved and ratified by Order of Her Majesty in Council, and published in the London Gazette, and such Scheme shall be effectual for transferring to and vesting in the Governing Body of the School all Estates and Interests which it purports to transfer without any Conveyance, Assurance, or Act in the Law:
(15) In consideration of the above-mentioned Payments of Three thousand five hundred Pounds per Annum and of Fifteen thousand Pounds all annual or other Sums of Money which if this Act had not been passed would have been paid toWestminster School by the said Dean and Chapter
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after the Twenty-ninth Day of September next shall belong and be paid to the Ecclesiastical Commissioners for England.
(16) In the event of Westminster School being removed beyond the City of Westminster, all the Property and Income derived by the School from the Ecclesiastical Commissioners, or the Dean and Chapter of Westminster, or their Estates, shall revert to and become vested in the Ecclesiastical Commissioners.
21 Scheme for Buildings
The new Governing Body of any of the Schools to which this Act applies may at any Time before the First Day of January One thousand eight hundred and seventy, or such further Time as may be determined by Her Majesty in Council as herein-after mentioned, submit to the Special Commissioners and, if approved of by them, may lay a Scheme before Her Majesty in Council for making any Additions to or Alterations in the Buildings of the School, and for raising Monies for that Purpose by Mortgage of any Property belonging to or held in trust for the School, with Power to suspend any Scholarships or Exhibitions payable out of such Property; they may also in any such Scheme make Provisions for exchanging any Lands belonging to such School for other Lands, and for purchasing any Land that may be required for making such Additions or Alterations as aforesaid; and every such Scheme shall be subject to the same Provisions, and if approved shall take effect and be subject to Alteration, in the same Manner as Statutes made by a Governing Body.
22 Livings to which Shrewsbury School has a preferential Claim
Whereas the Right of Appointment to Vacancies in the Vicarage of Cherbury and the Perpetual Curacies of St. Mary's Astley and Clive is vested in Trustees appointed by the Lord Chancellor, in pursuance of the Act passed in the Session holden in the Fifth and Sixth Years of the Reign of His late Majesty King William the Fourth, Chapter Seventy-six, intituled An Act to provide for the Regulation of Municipal Corporations in England and Wales: And whereas the Sons of certain Burgesses educated at Shrewsbury School, and the Head and Second Master of the said School, have a preferential Claim to be appointed to the said Vicarages and Curacies: Be it enacted, That the said Trustees may at any Time after the passing of this Act, upon the Requisition of the Governing Body of the said School, sell the Right of Presentation or Appointment to the said Vicarages and Curacies, or any of them, and pay over the Monies arising from such Sale to the
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Governing Body of the School, to be applied by that Body for the Benefit of the School.
23 Scheme for constituting Parish of Eton a distinct Vicarage
The Ecclesiastical Commissioners for England shall lay before Her Majesty in Council such Scheme as may appear to the said Commissioners to be best adapted for relieving the Provost of Eton from the Spiritual Charge of the Parish of Eton, and constituting the same a distinct Vicarage in the Gift of the Provost and Fellows of Eton, with an Endowment out of the Revenues of Eton College of an annual Sum to an Amount, as soon as such Revenues may be able to defray the Charge, of Six hundred Pounds, or, in case the Vicar is provided with a Residence at the Expense of the College, such less Sum as the said Commissioners shall judge sufficient; and any such Scheme, when approved of by Her Majesty in Council, shall be of the same Force as if it had been contained in this Act.
24 Power of Eton College to make a Scheme for running out their Leases
The new Governing Body of Eton may, at any Time before the First Day of January One thousand eight hundred and seventy, or such further Time as may be determined by Her Majesty in Council as in this Act mentioned, submit to the Special Commissioners and, if approved of by them, lay a Scheme or Schemes before Her Majesty in Council for dealing with the Estates of Eton College in such Manner as to bring the whole of them, so soon as it may be thought expedient, into a system of being let at Rackrent instead of being let on Leases renewable on Payment of fines; and the said Governing Body may in such Scheme or Schemes provide for raising by Mortgage of the College Estates, or any of them, such sums as may be sufficient for securing to the existing Members of the College the estimated Amount of Income calculated on the Average of the preceding Seven Years that would have accrued to them if the Estates comprised in the Scheme had been let in the usual Way; and any such Scheme or Schemes may extend to the whole or to a Portion only of the said College Estates; and the Monies to be raised by Mortgage may include the Amount of all Expenses that may properly be incurred by the College in carrying such Scheme or Schemes into effect; and it may be provided in such Scheme or Schemes that the Amount of Monies to be raised by Mortgage, and the Amount of Expenses to be allowed, and generally that the working of any such Scheme in such Matters as cannot be specifically regulated by the Scheme, shall be subject to the Control of such Department of the Government, or of Persons
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appointed by a Department of the Government, as may seem good to the said Special Commissioners.
The new Governing Body of Winchester may also in like Manner submit to the Special Commissioners and, if approved of by them, lay a Scheme or Schemes before Her Majesty in Council for running out the Leases on Property belonging to such College.
25 General Provisions as to Schemes
Any Scheme authorized to be made under this Act may contain all Powers and Provisions that may be thought expedient for carrying into effect its Objects; and where any Scheme authorizes the Purchase or Acquisition of any Lands, there shall be deemed to be incorporated with such Scheme "The Lands Clauses Consolidation Act 1845," with the Exception of the Provisions relating to the Purchase of Lands otherwise than by Agreement, and of the Provisions relating to Entry upon Land, to intersected Lands, and to the Recovery of Forfeitures, Penalties, and Costs, and of the Provisions relating to Access to the Special Act.
26 Power to remove Shrewsbury School to another Site
The new Governing Body of Shrewsbury School may, if they deem it expedient, at any Time after the passing of this Act, by a Scheme before Her Majesty in Council for the Removal of the School from its actual Site to some other Place, and may provide in such Scheme for the Sale or Mortgage of any Property belonging to or held in trust for such School, and for its Appropriation to Building or other Purposes, with Power to suspend any Scholarships or Exhibitions payable out of such Property and for the Purchase of other Property, and for the Erection of new Buildings on the Property so purchased, and generally for all Matters (including the Sale of any Surplus Property that may be purchased, and the Investment of the Money which may be produced by such Sale,) required to effect such Removal in a convenient Manner, to the same Extent as if such Governing Body were the absolute Owners of any Property they may be dealing with under this Section as Purchasers, Vendors, or otherwise; and any such Scheme shall be subject to the same Provisions, and, if approved, shall take effect, and be subject to Alteration in the same Manner as Statutes made by a Governing Body:
Provided, firstly, that any Scheme made under this Section before the Expiration of the Powers by this Act conferred on the Special Commissioners shall be approved of by them before being laid before Her Majesty in Council; secondly, that the Power of making a Scheme under this Section shall not pass to the Special Commissioners or cease after the First of January One thousand eight
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hundred and seventy, or such further Time as may be determined by Her Majesty as herein-after mentioned, but shall continue vested in the new Governing Body of the said School; thirdly, that the School shall not be removed to any Site exceeding in Distance Three Miles measured in a straight Line from the Market Place in Shrewsbury.
27 Not to affect certain Rights of Parties interested as herein stated
Nothing contained in this Act, or done in pursuance of the Powers thereby conferred, shall, as respects any Schools to which this Act applies, affect -
(1) Any Boy being at the Time of the passing of this Act on the Foundation of any of the said Schools, so far as respects his Interest in such Foundation during his Continuance at School:
(2) The Tenure by any Person of any Scholarship Exhibition or other like Emolument held by him at the Time of the passing of this Act, and not forming Part of the Interest of a Boy on the Foundation herein-before mentioned:
(3) The vested Interests of any Master in any of the said Schools appointed to his Office before the passing of the Public Schools Act 1864, unless a due Equivalent be made in respect thereof:
(4) The pecuniary Interest belonging to or capable of being enjoyed by any Member of the Governing Bodies of the said Schools who may have been appointed to his Office before the passing of the said Public Schools Act 1864, unless a due Equivalent be made in respect thereof:
(5) The Status as a Member of any Person who may have been appointed a Member of the Collegiate Bodies of Eton or Winchester before the passing of the said Public Schools Act of 1864:
And nothing contained in this Act or done in pursuance of the Powers thereof shall affect the Dean and Chapter of Westminster or any Member of that Body, except in so far as relates to their Status as apart from the Governing Body of Westminster School, or is herein-before expressly provided with respect to the Property to be appropriated to or for the Use of the said School.
28 Saving of existing Powers of Governing Bodies
Subject to any Alterations made by this Act, or by any Scheme or Statute made in pursuance of this Act, all Powers vested by Act of Parliament, Charter, Instrument of Endowment, Custom, or otherwise, in the existing Governing Body of a School to which this Act applies, in relation to such School or the Government
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thereof, shall continue in force, and may be exercised by such Governing Body until a new Governing Body is appointed, and after the Appointment of a new Governing Body by the new Governing Body, in the same Manner in which they might have been exercised if this Act had not passed.
29 Saving of Act relating to Charterhouse
From and after the passing of this Act the Corporation known by the Name of "The Governors of the Lands, Possessions, Revenues, and Goods of the Hospital of King James founded in Charterhouse within the County of Middlesex at the humble Petition and only Costs and Charges of Thomas Sutton Esquire" shall bear the Corporate Name of "The Governors of Sutton's Hospital in Charterhouse," but such Change of Name shall not in any way affect the Position, Rights, or Obligations of the said Governors, or cause any Action, Suit, or other legal Proceeding carried on by or against them to abate; and, except so far as the above-mentioned Change of Name is concerned, nothing in this Act contained shall affect the Private Act passed in the Session of Thirtieth and Thirty-first Years of the Reign of Her present Majesty, Chapter Eight, intituled An Act for enabling the Governors of the Lands, Possessions, Revenues, and Goods of the Hospital of King James founded in Charterhouse within the County of Middlesex at the humble Petition and only Costs and Charges of Thomas Sutton Esquire to sell the Site of the School of the said Hospital and other Lands, to acquire a new Site for the School, and to erect a new School thereon, and for other Purposes.
30 Extension of Time for Governing Bodies to make Statutes
Her Majesty may, by Order in Council, as respects the existing Governing Body of any School to which this Act applies, at any Time before the First Day of May One thousand eight hundred and sixty-nine, extend for a Period not exceeding One Month the Time within which such Governing Body may make a Statute for the Alteration of the Constitution of such Governing Body, and, as respects the new Governing Body of any School to which this Act applies, at any Time before the First of January One thousand eight hundred and seventy, extend the Time within which such new Governing Body is by this Act empowered to make Statutes to a Period not exceeding the First Day of January One thousand eight hundred and seventy-one.
31 Provision as to College Chapels
The Chapel of every School to which this Act applies shall be deemed to be a Chapel dedicated and allowed by the Ecclesiastical Law of this Realm for the Performance of Public Worship and the Administration of the Sacraments according to the Liturgy of the
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Church of England, and to be free from the Jurisdiction or Control of the Incumbent of the Parish in which such Chapel is situate.
Any Scheme which may be made in pursuance of this Act constituting the Parish of Eton a separate Vicarage shall contain Provisions making the existing Chapel of Ease at Eton the Parish Church of Eton, and exempting the College Chapel from being dealt with as a Parish Church.
32 Removal of Site of Westminster School
Subject to the Conditions in this Act contained with respect to the Forfeiture of Property, the Governing Body for the Time of Westminster School may by a Scheme before Her Majesty in Council for the Removal of the School to some other Site; and any such Scheme shall be subject to the same Provisions, and, if approved, shall take effect, and be subject to Alterations in the same Manner as Statutes made by a Governing Body:
Provided, firstly, that any Scheme made under this Section before the Expiration of the Powers by this Act conferred on the Special Commissioners shall be approved of by them before being laid before Her Majesty in Council; secondly, that the Power of making a Scheme under this Section shall not pass to the Special Commissioners, or cease after the Expiration of the Powers of the Special Commissioners, but shall continue vested in the Governing Body for the Time being of the said School.