The 5 & 6 Wm. IV. c. 57, passed in September, 1835, extended the provisions of the 9 Geo. IV. c. 92, and of 3 Wm. IV. c. 14, to savings' banks in Scotland, and enabled existing banks to conform to the said Acts by preparing and depositing their rules pursuant to these Acts. rister appointed to certify the rules of | ministration, and leave very little to indifriendly societies. vidual enterprise and competition; or the establishment of schools of all kinds may be left nearly altogether to individual enterprise. Perhaps in no country has either the one or the other mode been altogether followed. Prussia is an instance in which the government has apparently done most in the way of directing the establishment and management of schools; and in England, of all countries which have attained a high degree of wealth and power in modern times, the government has perhaps done the least, though perhaps in no country have benevolent individuals and associations of individuals contributed so largely to the establishment of permanent places of education. England is also the country in which there are most schools kept by individuals for the object of private profit. Military or Regimental Savings' Banks were established by warrant dated October 11, 1843. The following is the amount of all sums deposited in them within the year ended March 31, 1844; of all sums withdrawn during the same period; and of the interest allowed upon such deposits; and also of the number of depositors on the 31st of March, 1844:£ s. d. Amount of sums deposited 15,069 3 Amount of deposits withdrawn 2 316 11 5 Amount of interest allowed 96 10 12 Balance due by the public 14,849 1 11 Number of depositors 1,890. It is impossible to consider a state well organised which shall not, to some degree and in some manner, superintend all places for education. It is equally impossible to view education as well or (History of Savings' Banks, by J. Tidd Pratt; The Law relating to the Purchase of Government Annuities through Savings'ganised in a state, if all competition shall Banks and Parochial Societies, by the same author; A Summary of Savings' Banks, &c., by the same author, 1846.) SCANDAL. [LIBEL; SLANDER.] SCHOOLS. A school is a general name for any place of instraction. There are schools for young children, called Infant Schools; schools for children of more advanced age; and schools for the higher branches of learning, as Grammar Schools, Colleges, and Universities. There are also schools for special branches of knowledge, as schools for Agriculture, Medicine, Theology, Law, and so forth. be excluded from the system; and in fact there is no country, not even those in which education is most directly made a branch of administration, in which some competition of some kind does not exist. In fact, if it does not exist in some form and in some degree, there will be no efficient instruction. The general consideration of this subject is contained in the article EDUCATION. SCHOOLS, ENDOWED. An Endowed School in England is a school which was established and is supported by funds The school systems of all nations have given and appropriated to the perpetual something peculiar; and the peculiarities use of such school, either by the king or are closely connected with the political by private individuals. The endowment system of each country. A good system provides salaries for the master and usher, of schools of all kinds suited to the wants if there is one, and gratuitous instruction of a political community perhaps exists to pupils, either generally or the children in no country, though some of the Ger- of persons who live within certain deman states have perhaps approached fined limits. Endowed schools may be nearer to establishing such a system divided, with respect to the objects of than any other countries. There are the founder, into grammar-schools, and two modes in which good schools may be schools not grammar-schools. A gramestablished: a government may make mar-school is generally defined to be a the whole school system a part of ad-school in which the learned languages, the Latin and the Greek, are taught. Endowed schools may also be divided, with respect to their constitution for the purposes of government, into schools incorporated and schools not incorporated. Incorporated schools belong to the class of corporations called eleemosynary, which comprehends colleges and halls, and chartered hospitals or almshouses. [COLLEGE]. Endowed schools are comprehended under the general legal name of Charities, as that word is used in the act of the 43rd of Elizabeth, chap. 4, which is entitled, 'An Act to redress the Misemployment of Lands, Goods, and Stocks of Money heretofore given to Charitable Uses. Incorporated schools have generally been founded by the authority of letters patent from the crown, but in some cases by act of parliament. The usual course of proceeding has been for the person who intended to give property for the foundation of a school, to apply to the crown for a licence. The licence is given in the form of letters patent, which empower the person to found such a school, and to make, or to empower others to make, rules and regulations for its government, provided they are not at variance with the terms of the patent. The patent also incorporates certain persons and their successors, who are named or referred to in it, as the governors of the school. This was the form of foundation in the case of Harrow School, which was founded by John Lyon, in the fourteenth year of Elizabeth, pursuant to letters patent from the queen. Sometimes the master and usher are made members of the corporation, or the master only; and in the instance of Berkhampstead School, which was founded by act of parliament (2 & 3 Edw. VI., reciting certain letters patent of Henry VIII.), the corporation consists of the master and usher only, of whom the master is appointed by the crown, and the usher is appointed by the master. Lands and other property of such a school are vested in the corporation, whose duty it is to apply them, pursuant to the terms of the donation, in supporting the school. Many school endowments are of a mixed nature, the funds being appropriated both to the support of a free-school and for other charitable purposes. These other purposes are very various; but among them the union or connection of an hospital or almshouse with a free-school is one of the most common. Where there is no charter of incorporation, which is the case in a great number of school endowments, the lands and other property of the school are vested in trustees, whose duties, as to the application of the funds, are the same as in the case of an incorporated school. It is necessary from time to time for the actual trustees to add to their numbers by such legal 'modes of conveyance as shall vest the school property in them and the new trustees jointly. These conveyances sometimes cause a considerable expense; and when they have been neglected, and the estates have consequently become vested in the heir-at-law of the surviving trustee. some difficulty is occasionally experienced in finding out the person in whom the school estates have thus become vested. When the school property consists of money, the same kind of difficulty arises; and money is also more liable to be lost than land. Every charity, and schools amongst the rest, seems to be subject to visitation. We shall first speak of incorporated schools. The founder may make the persons to whom he gives the school property on trust also the governors of his foundation for all purposes; and if he names no special visitor, it appears that such persons will be visitors as well as trustees. If he names a person as visitor, such person is called a special visitor; and it is a general rule that if the founder names no special visitor, and does not constitute the governors of his foundation the visitors, the heir-at-law of the founder will be visitor; and if there is no heir-at-law, the crown will visit by the lord keeper of the great seal. The king is visitor of all schools founded by himself or his ancestors. The duties of trustees and visitors are quite distinct, whether the same persons are trustees and visitors, or the trus tees and visitors are different. It is the duty of trustees to preserve the school property, and to apply it to the purposes intended by the founder. In respect of or Greek and Latin, and for no other purpose, unless the founder has prescribed other things to be taught besides grammar. This legal meaning of the term their trust, trustees are subject to the jurisdiction of the Court of Chancery, like all other trustees; and of course they are answerable for all misapplication of the funds. It is the visitor's duty to in-grammar-school has been fixed by vaquire into the behaviour of the master and usher in their respective offices, and into the general conduct of the school. He must judge according to the founder's rules, which he cannot alter unless he is empowered by the terms of the donation to do so. There seems to be no reason for supposing that the king, in respect of royal foundations, has any further power than other persons, and consequently he cannot alter the terms of the donation, unless this power was originally reserved to the founder and his successors; but on this matter there may be some difference of opinion. The visitor, or those who have visitorial power, can alone remove a master or usher of an endowed school. The Court of Chancery never removes a master or usher, when they are part of the corporate body, on the general principle that this court has no power to remove a corporator of any kind; and when there is a visitor, or persons with visitorial power, the Court never attempts directly to remove a master or usher, even if they are not members of the corporation. (17 Ves., Att.-Gen. v. the Earl of Clarendon.) Trustees of endowed schools which are not incorporated are accountable in a court of equity for the management of the school property. But the internal management of the school still belongs to the special visitor, if there is one; and if there is no special visitor it belongs to the founder's heir. Trustees of endowed schools, simply as such, are merely the guardians of the property, as already observed; and it is their duty to take care of it, and to apply the income according to the founder's intention. It has, however, happened that in schools not incorporated the jurisdiction of the Court of Chancery and the visitorial jurisdiction have not been kept quite distinct; and cases have arisen in which it has been found difficult to determine what ought to be the proper mode of proceeding. A free grammar-school is an endowment for teaching the learned languages, rious judicial decisions, and it appears to be established that, if the founder merely expresses his intention to found a grammar-school, the school must be a school for teaching Latin and Greek only, at least, so far as the teaching is gratuitous; other branches of instruction may be introduced, but the scholars must pay for this extra instruction. If it should happen that the endowment has, for a long time, been perverted from its proper purposes, this will not prevent the Court of Chancery from declaring a school originally designed for a grammar-school to be still a grammar-school, and it will give the proper directions for carrying into effect the founder's intentions, whatever may be the length of time during which they have been disregarded. This was the case with the grammar-school of Highgate, in the county of Middlesex, which was founded by Sir Roger Cholme ley, under letters patent of Queen Elizabeth, under the title of the Free Grammar-school of Roger Cholmeley, Knight. The statutes were made in 1571, by the wardens and governors, with the consent of the Bishop of London, under the authority of the letters patent. The first statute ordered that the schoolmaster should be a graduate, and should teach young children their A, B, C, and other English books, and to write, and also in their grammar as they should grow up thereto. An information which was filed against the governors, charged that the school had been converted from a free grammar-school into a mere charity school, and that the governors had, in other ways, abused their trust. The facts of the abuse were established, but it was shown that, so far back as living memory could go, the school had been merely a place of instruction in English, writing, and arithmetic; and also that, in other respects, the statutes had not been observed as far back as the year 1649. Notwithstanding this, it was declared by the chancellor (Eldon) that this was a school originally intended for the purpose of eaching grammar, and a decree was made for restoring the school according to the intention of the founder. But it appears from the first statute that the school was also intended to be an English school. withstanding this, the Court of Chancery appointed a writing-master, at a salary of 60. per annum, to be paid out of the issues and revenues; and thus it took away 60l. per annum from those to whom the founder had given it. This was done on the authority of a case in the year 1797, which was itself a bad precedent. Lord Eldon's decision in the case of Market Bosworth school (Att.-Gen. v. Dixie, 3 Russ., 534) established an usher in the school, whose sole occupation was to be to instruct the scholars in English, writing, and arithmetic, and it gave the usher a salary of 901. per annum out of the school funds. But in doing this Lord Eldon merely did what the donor intended. Market Bosworth is one of those grammar-schools in which the founder has directed that other things should be taught besides Latin and Greek. According to the statutes, the school was to be divided into two branches, the lower school and the upper; and "in the first form of the lower school shall be taught the A, B, C, Primer, Testament, and other English books." In the upper school the instruction was confined to Latin, Greek, and Hebrew. It is therefore in this case as clear that the founder's intention was carried into effect by the decree of the court, as it is clear that in the case of the Monmouth school such intention was violated. The case of Monmouth school, however, furnished a precedent, which has been followed in other cases. As to teaching something besides Latin and Greek in an endowed school, Lord Eldon observes (Att.-Gen. v. Hartley, 2 J. & W., 378), "if there was an antient free grammar-school, and if at all times something more had been taught in it than merely the elements of the learned languages, that usage might engraft upon the institution a right to have a construction put upon the endowment different from what would have been put upon it if a different usage had obtained." When the founder has only intended to establish a grammar-school, and has applied all the funds to that purpose, none of them can be properly applied to any other purpose, such as teaching the modern languages or other branches of knowledge. When the funds of a school have increased so as to be more than sufficient for the objects contemplated by the founder, the Court of Chancery will direct a distribution of the increased funds, but it will still apply the funds to objects of the same kind as those for which the founder gave his property. If then a founder has given his property solely for the support of a grammar-school, it is inconsistent with his intention to apply any part of the funds to other purposes, such for instance as paying a master for teach- There are many grammar-schools in ing writing and arithmetic; and yet this which nothing is provided for or nothing has been done by the Court of Chancery intended by the founder except instrucin the case of Monmouth school (3 Russ., tion in grammar, which, as the term was 530) and in other cases. The foundation then understood, appears to have meant of Monmouth school consists of an alms- only the Latin and Greek languages, or house, a free grammar-school for the edu- sometimes only Latin perhaps. Where cation of boys in the Latin tongue, and provision is made for other instruction other more polite literature and erudition, in addition to, or rather as preparatory and a preacher. The letters patent de- to, the grammar instruction, modes of clared that "all issues and revenues of expression like those already mentioned lands to be given and assigned for the in the case of Highgate and Market Bos maintenance of the almshouse, school, and worth schools have been used by the preacher, should be expended in the sus- founder or the makers of the statutes. tentation and maintenance of the poor In the founder's rules for the grammar. people of the almshouse, of the master school of Manchester, which has now an and under-master of the school, and of income of above 4000l. per annum, it is the preacher, and in repairs of the lands said, "The high-master for the time being and possessions of the charity." Not-shall always appoint one of his scholars, |