§ Order of the Day for the Second Reading, read.
§ VISCOUNT CRANBROOK
I have to ask your Lordships to give a Second Reading to a Bill for enabling the managers of schools of science and art to transfer them to the Local Authorities when it is desired to do so. There have been several occasions on which Local Authorities could have come to an arrangement with managers of schools of science and art, but the difficulties and impediments thrown in the way of the transfer were found to be very great. There would have been necessary a refunding of the money given in the original grant, and as regards the Charity Commissioners, the process is long and tedious. The mode in which I propose to deal with the question in 1837 this Bill is to allow these schools to be transferred in the same way as ordinary schools can be transferred to the School Board. I need not go further into the matter, and I ask your Lordships to read the Bill a second time.
§ LORD HERSCHELL
A point has been called to my attention in regard to this Bill which, perhaps, the noble Viscount may think ought to be considered. It is this: under the second Sub-section of Section 2, the provisions of Section 23 of the Elementary Education Act are made applicable. That clause says that where there are trusts concerned the arrangements shall be made in the manner and with the consent there provided. In the case of a particular art school which might be transferred under this Bill there is a trust for alienation; but it is obviously only a trust for alienation by way of sale; and a fear has been expressed where the transfer would be otherwise than by way of sale, whether this would be sufficient to enable the school to be transferred in the manner proposed by this Act, which, of course, is not a transfer by way of sale. Perhaps, the noble Viscount would consider that.
§ Bill read 2a (according to order), and committed to a Committee of the Whole House on Friday next.