The founder may make the persona 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 persona 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 trustees and visitors are different. It is the duty of trustees to pre serve the school property, and to apply it to the purposes intended by the founder. In respect of 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 inquire 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 per sons, and consequently he cannot alter the terms of the donation, unless this power was originallt reserved to the founder and his sue cssisors ; 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 Vee., Att.-Oen. r. the Earl of Clarendon.) Trustees of endowed schools which arc not incorporated are ac countable 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 was an endowment for teaching the learned languages, 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 grammar-school has been fixed by various 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.
Grammar-schools have now for a long time been solely regulated by the Court of Chancery, which, though affecting merely to deal with them in respect of the trusts and the application of the trust-monies, has in fact gone much farther. The court may be
applied to for the purpose of establishing a school where funds have been given for the purpose, but the object cannot be effected without the aid of the court. It may also be applied to for the purpose of correcting a misapplication of the funds. The court may also be applied to in order to sanction the application of the school funds when they have increased beyond the amount required for the purposes indicated by the founder. Such surplus funds are often applied in establishing exhibitions or annual allowances to be paid to meritorious boys who have been educated at the school, during their residence at college. The master's scheme for the Tunbridge school, in Kent, which was confirmed by the Count of Chancery, established sixteen exhibitions of ION. each, which are tenable at any college of Oxford or Cambridge, and payable out of the founder's endowment. It also extended the benefits of the school beyond the limits fixed by the founder, and made various other regu lations for the improvement of the school, having regard to the then annual rents of the school estates.
The previous remarks on granunar-schools must be taken subject to the provisions contained in a recent Act of Parliament, which is the only attempt that has been made by the legislature to regulate schools of this class. This act (3 & 4 Viet. c. 77) is entitled " Act for improving the Condition and extending the Benefits of Grammar Schools." The act recites, among other things, that the "patrons, visitors, and governors of such grammar-schools are generally unable of their own authority to establish any other system of education than is expressly provided for by the foundation, and her majesty's courts of law and equity are frequently unable to give adequate relief, and in no case but at considerable expense." The act then declares that the courts of equity shall hare power, as in the act provided, "to make such decrees or orders as to the said courts shall seem expedient, as well for extending the system of education to other useful branches of literature and science, in addition to or (subject to the provisions thereinafter contained) in lieu of the Greek and Latin languages, or such other instruction as may be required by the terms of the founda tion or the then existing statutes, as also for extending. or restricting the freedom or the right of admission to such school, by determining the number or the qualifications of boys who may thereafter be admissible thereto as free scholars or otherwise, and for settling the terms of admission to and continuance in the same, and to establish such schemes for the application of the revenues of any such schools as may in the opinion of the court be conducive to the rendering or maintaining such schools in the greatest degree efficient and useful, with due regard to the intentions of the respective founders and benefactors, and to declare at what period, and upon what event, such decrees or Orders, or any directions contained therein, shall ho brought into operation ; and that such decrees and orders shall have force and efleet, notwithstanding any provisions contained in the instruments of foundation, endowment, or benefaction, or in the then existing statutes • " hut it is provided, that if there shall be any special visitor appointed by the founder or other competent authority, he shall be heard on the matters in question before the court makes any orders or decrees.