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Education Act 1870, 1873

Education Act 1870, 1873

Postby bloke99 » Sun Jan 15, 2017 12:01 am

Hi. I'm not understanding something about the Elementary Education Act 1870 Amendment Act 1873 s.13.

S.13:" A school board shall be able and be deemed always to have been able to be constituted trustees for any educational endowment or charity for purposes connected with education, whether such endowment or charity was established before or after the passing of the principal Act, and to have and always to have had power to accept any real or personal property given to them as an educational endowment or upon trust for any purposes connected with education: Provided that -....."

Merritt J said in the case of Hampshire County Council v H.M. Attorney General: "18 Neither the 1870 Act nor any of the subsequent amending Acts conferred on a school board an express power to declare charitable or other trusts over any of its corporate property whether real or personal."

Merritt J found that a school board had an implied power to declare a trust over it's corporate property.

Question: Why does not s.13 convey on a school board and express power to declare a trust over it's corporate property? There is something I'm not getting and I don't know what. Merritt J also said:

"23. I appreciate that my decision in respect of the Liss County Junior School will not have provided an answer to all the cases in which value was given by the school board for it will not cover cases in which the board gave full value for the land. But this is inevitable once it is accepted that a school board has only a limited and implied power to declare a charitable trust concerning its corporate property and reliance is placed on the presumption of regularity. In those circumstances each case must depend on its own facts."

Thanks.
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Re: Education Act 1870, 1873

Postby atticus » Sun Jan 15, 2017 9:00 am

I have no special knowledge of this. However, reading rhe section as quoted in your post, it appears to me that under that section the members of a school board may be trustees of a trust created or endowed by someone else. nothing in the words you have quoted gives the trustees an express power to create trusts. It would need to say something along the lines of "and the members of the board may create further trusts of the property of the corporate body", but it does not.

"Express" means expressly or specifically stated. Because there are no words in the section granting that power, the judge had to find that the power is implied.
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Re: Education Act 1870, 1873

Postby bloke99 » Sun Jan 15, 2017 10:34 am

Hi Yes, I think what you say must be correct logically. A piece of land was conveyed to a board "upon trust". Now, it must have been the case the the land at the time of transfer not was under trust already. So, when it was conveyed upon trust, in order that it could be held on trust, the conveyance needed to create a new trust. This sounds right. Thanks.

P.S.
So, where land is already held by a seller on trust, and a conveyance is made, the Acts do expressly state a board has power to hold the land upon trust. As found in s.13 EEA 1873. It seems.
Last edited by bloke99 on Sun Jan 15, 2017 10:51 am, edited 1 time in total.
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Re: Education Act 1870, 1873

Postby dls » Sun Jan 15, 2017 10:50 am

There is a huge difference between property being held in trust and property being held on charitable trusts.

A body which receives property on certain trusts may very well not be free to declare charitable trusts in respect of the same land. Charitable trusts are very particular.

If a board receives land on eratin statutory trusts, it has accepted the land on those trusts. t has been entrusted with fulfilling those purposes. Why should it have any right to change those duties?
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Re: Education Act 1870, 1873

Postby bloke99 » Sun Jan 15, 2017 11:00 am

In the case, the land for Liss school, was to be held by a board upon trust " ...for the purposes of of a public elementary school within the meaning of [Education Act 1870] and for no other purpose whatsoever". This I believe makes the conveyance a declaration of a charitable trust. And in those days a board was acting for Charity Commissioners. Also land was conveyed for a nominal consideration.
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Re: Education Act 1870, 1873

Postby bloke99 » Sun Jan 15, 2017 11:14 am

I have been thinking that Hampshire County Council v H.M. Attorney General was a crucial case in what I'm involved in, but it appears not. Because a schoolhouse and land already on a charitable trust was conveyed/transferred at nominal value, and upon trust. Which seems to be covered by s.13. EEA 1873 as to power of the board to accept land upon trust.

P.S. The schoolhouse would not, I think be held on the same trusts as the original charitable trust. Because if there was to be a re-transfer of a school (s.24 EEA 1870) it would then be held by the Managers on the same trusts as before it was transferred to the school board.
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Re: Education Act 1870, 1873

Postby bloke99 » Sun Jan 15, 2017 3:14 pm

It appears my question has been answered. But, in case anyone in future has questions relating to Elementary Education Act 1870, in other kind of cases where land originally upon trust was conveyed by deed, Hampshire County Council v H.M. Attorney General has significance in that it is a source of legal authority in that it shows that a school board will hold land on trust where the conveying document expresses that the conveyance is at an undervalue, and "under trust" and for a purpose that is not a general one, such as for public elementary education. It appears that this is correct. I say this because other cases are where a school with it's land that is already subject to a charitable trust is transferred under s.23 of the EEA 1870.
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Re: Education Act 1870, 1873

Postby dls » Sun Jan 15, 2017 10:45 pm

held by a board upon trust " ...for the purposes of of a public elementary school within the meaning of [Education Act 1870] and for no other purpose whatsoever". This I believe makes the conveyance a declaration of a charitable trust.


Whether it does depends upon te Act referred to. The words of themselves do not create a charitable trust. More importantly they apper to restrict entirely the possibility of declaring other trusts
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Re: Education Act 1870, 1873

Postby bloke99 » Wed Jan 18, 2017 10:41 am

I think in Hampshire County Council v H.M. Attorney General, it was held that land not already on a charitable trust, sold, pursuant to the Elementary Education Act 1870 at a nominal value, upon trust, for a purpose of Public Elementary Education and for no other purpose whatsoever, amounted to a declaration of a charitable trust. At any rate, the council could not dispose of the land as if it was it's own corporate property.
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Re: Education Act 1870, 1873

Postby dls » Wed Jan 18, 2017 11:13 am

I would only say that that case (so far as I can find it - [1994] NPC 62 ) needs to be read with care. I am not yet convinced that a general principle was established, and the two cases at issue may have been particular to the facts of those cases.
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