The magnitude of the evil and of the interests which are at stake seem to demand the intervention of the government by means of a general catholic and truly national education. But the conflict of parties gives little reason to expect this at present. Still the govern ment is doing something; but the remedial measures employed cannot overtake the disorder. Perhaps after all, the end to be aimed at is, that the people should seriously take the education of their children into their own hands, or intrust it to proper persons of their own choice. This end may be facilitated by that love of independence which has hitherto been a marked feature iu the character of English men, who do not like either a government or individuals to be obtru ding on their private concerns. Assuming, then, that the importance of education for all classes is now generally admitted, we proceed to notice our grammar and primary schools, and the Laws which affect them.
Endoteed SellooLs An endowed school in Euglaud is a school which was established and is supported by funds given and appropriated to the perpetual user of such school, either by the sovereign or by private individuals. The endowment provides salaries for the master and usher, if there be one, and gratuitous instruction to pupils, either generally or the children of persons who live within certain defined limits. Endowed schools may be divided, with respect to the objects of the founder, into grammar-aehools, and schools not grammar-schook A grammar-school is generally defined to be a school in which the !canted 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 char tered hospitals or alms-houses. [COLLEGE.] Endowed schools are comprehended under the general legal name of Charities, as that word is used in the set of the 43rd of Elizabeth, chap. 4, which is entitled " Ali Act to redress the Misemployment ei 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 govern ment, 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 14th 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 corpo ration 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 corpora tion, whose duty it is to apply them, pursuant to the tams 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 a 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 'nodes 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 conseqnently 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.