Endowed Schools (Ireland) Act, 1822

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ENDOWED SCHOOLS (IRELAND) ACT 1822

CHAPTER LXXIX.

An Act to amend an Act of the Fifty-third year of the Reign of His late Majesty, for the Appointment of Commissioners for the Regulation of the several endowed Schools in Ireland. [26th July 1822.]

[Preamble recites incorporation of Commissioners of Education in Ireland under 53 Geo. 3. c. 107.]

Archbishop of Cashel and coadjutor, chief secretary to lord lieutenant, and the member of Parliament for Trinity College, Dublin, shall be additional commissioners of education in Ireland.

[1.] The archbishop of Cashel and his coadjutor now and hereafter for the time being, the chief secretary of the lord lieutenant and the member chosen to serve in Parliament for the said Trinity College in Dublin now and hereafter for the time being, shall be and are hereby appointed and shall be deemed and taken to be respectively commissioners of education in Ireland, and members respectively of the said corporation, to all intents and purposes, as fully and effectually, and with all such rights, powers, and privileges, as if they had respectively been included and mentioned as such commissioners and members of the said corporation in the said recited Act.

Lord lieutenant may name two other residents in Dublin to be additional commissioners.

2. And it shall and may be lawful to and for the lord lieutenant to appoint two other proper and discreet persons, who shall be usually resident in the city of Dublin, to be commissioners of education in Ireland, and to be removable at the pleasure of the lord lieutenant; and such two persons so to be appointed shall thereupon become and be two of the commissioners of education in Ireland, and members respectively of the said corporation, during the pleasure of the lord lieutenant as fully and effectually as if they had been so constituted, appointed, and specified in and by the said recited Act.

[S. 3 rep. 36 & 37 Vict. c. 91. (S.L.R.)]

Seal of corporation may be affixed by three commissioners, &c.

4. The seal of the said corporation may be affixed to any deed, act, or instrument, in the name of the said corporation, at any meeting of the said commissioners, or of any three of them, of whom the lord primate, the lord chancellor, or any of the archbishops of Dublin, Cashel, or Tuam, or the chief justice of the Court of King’s Bench, or the chief secretary of the lord lieutenant, or the provost of Trinity College, Dublin, for the time being respectively, shall be one.

Commissioners may hold visitations of schools mentioned in recited Act in Dublin.

5. And whereas doubts are entertained whether the said commissioners can lawfully hold a visitation of any of the schools mentioned in the said Act in the city of Dublin: Be it therefore declared and enacted, that it shall and may be lawful to and for the said commissioners, or any three of them, to hold any visitation of any such school in Ireland, at such place in the city of Dublin as they shall respectively appoint, and at such visitation to use and exercise all and every the rights, powers, authorities, and privileges which they are respectively empowered by the said Act to use or exercise at any visitation, and at any place whatsoever; and that each and every act, matter, and thing done by such commissioners at, or in pursuance of, or after any such visitation, shall be of the same force, validity, and effect, to all intents and purposes, as if such visitation had been held at such school.

Commissioners may appoint deputy visitors by instrument under their corporate seal.

6. [Recital.] . . . It shall and may be lawful to and for the commissioners of education in Ireland, by deed or instrument under the common seal of the said corporation, from time to time to depute and appoint, when it shall seem to them requisite so to do, one or more person or persons, for them and in their stead to visit any of the schools mentioned in the said Act, and to proceed with and in such visitation in manner in the said Act directed in that behalf, and not otherwise.

Such Deputy visitors shall takethe following oath.

7. Every person so appointed by the said commissioners to visit any of the said schools shall, before he shall do any act under or by virtue of such appointment, take the following oath before any one or more of the said commissioners holding the office of a commissioner or commissioners in right of his or their respective offices aforesaid; (that is to say,)

‘I A.B. having been appointed by the commissioners of educacation in Ireland, for them and on their behalf to visit the school of                     , do swear, that I will faithfully and diligently execute the duties of the said office, according to the best of my skill and judgment, and without favour or partiality to any person or persons whatsoever.        So help me GOD.’ Which oath any one or more of such commissioners respectively is and are hereby authorized and empowered to administer.

Surplus of funds of any of the free schools of Armagh, &c. may be applied, in the first instance, in the maintenance and improvement of any other of such schools;

53 Geo. 3. c. 107. ss. 11, 12.

8. And whereas by the said recited Act the several lands, tenements, and hereditaments granted by King Charles the First for the use of the masters of the schools of Armagh, Dungannon, Enniskillen, Rephoe, Cavan, Bannagher, and Carysfort, are vested in the said commissioners and their successors for ever, for the maintenance and support of the masters of the said several schools, and of under masters when necessary, and to the enlarging, furnishing, and providing the school-houses and grounds thereof respectively, in manner therein mentioned; and it is by the said Act provided, that the residue of any of the funds of the said schools respectively shall be applied in the supporting of free scholars in such schools respectively, and to the endowment of exhibitions to Trinity College: And whereas it is expedient that the said commissioners of education should have power, in the first instance, to apply such residue as herein-after provided: Be it therefore enacted, that whenever any residue shall remain of the funds of any of the said schools last mentioned, after defraying the expence of the master and of the under master or masters (if any), and of all enlargements and improvements of and in the school house, grounds, appurtenances, and furniture thereof, which shall be thought necessary, as by said Act is directed, it shall and may be lawful to and for the said commissioners of education, if they shall think fit, to cause such residue, or such part or share thereof as they shall deem sufficient, to be applied to and in the like maintenance and improvement of any other or others of the said schools last mentioned, whose funds may stand in need of such aid; and if such residue shall be more than sufficient for that purpose, then so much as shall remain thereof shall be applied in manner in the said recited Act directed.

and advances may be made, under 53 Geo.3. c. 107. s. 19, on the security of the surplus funds of any of such schools, for the improvement of any other of such schools.

9. In any such case, if there shall be an occasion for an advance of money according to the provisions of the said recited Act of the fifty-seventh [¹] year of his late Majesty’s reign, it shall and may be lawful to and for the said commissioners of education to petition the lord lieutenant for such advance, on the security of such residue of the funds of any one or more of the said last-mentioned schools, to be applied to the improvement of any other or others of such schools, and for the purposes of such improvement; and it shall be lawful to and for the lord lieutenant to order such advance to be made, in such and the like manner in all respects as is provided in the said Act in cases where the sum advanced is to be applied for the benefit of any school on whose funds the repayment thereof is to be secured; and such advance so ordered shall be made in such and the like manner, and on the same terms and conditions, and no other, as in the said Act is provided with respect to any advances authorized by the said recited Act.

[S.10 rep. 36 & 37 Vict. c. 91. (S.L.R.)]

Powers of commissioners to visit certain schools of private foundation shall extend to future private schools of a like nature.

11. [Recital.] All and every the powers by the said recited Act granted to or vested in the commissioners of education, for visiting and regulating such schools of private foundation and endowment as were existing at the time of the passing of the said Act, shall extend to all schools of the nature and description in the said Act mentioned, which have been or shall be built, erected, founded, or endowed in Ireland at any time after the passing of the said recited Act or this Act, in the same manner and to the same extent in all respects whatsoever, as if such schools had been founded, endowed, and erected previous to the passing of the said recited Act, and not further or otherwise.

Advances for building schools, &c. may be repayable by instalments of six per cent. per annum instead of ten per cent as under 53 Geo. 3. c. 107. s. 19.

12. Upon any petition to the lord lieutenant, from the commissioners under the said recited Act, for the advance of money for purchasing, building, rebuilding, enlarging, or repairing any school house belonging to any school under the jurisdiction of the said commissioners, or any of the appurtenances or accommodations belonging to or necessary for the convenient use of such school, setting forth what yearly sum, not being less than six per centum on the sum required, can be paid out of the revenue of such school to replace the sum so advanced, it shall and may be lawful for the lord lieutenant if he shall think proper so to do, to direct that such sum as he shall think proper, not exceeding the sum required by such petition, shall be advanced and repaid in like manner as such lord lieutenant is by the said Act authorized to do in case of a petition setting forth what yearly sum less than ten per centum can be paid out of the revenue of such school, and as if the said sum of six per centum had been mentioned in the said Act instead of the said sum of ten per centum; anything in the said recited Act to the contrary notwithstanding.

[S. 13 rep. 36 & 37 Vict. c. 91. (S.L.R.)]

[¹ So in Parliament Roll.]