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' and other parties have hereunto set their hands and seals, this

day of

Signed, sealed, and delivered by the said

in the presence of

of And no bargain and sale or livery of seisin shall be requisite in any conveyance intended to take effect under the provisions of this Act, nor more than one witness to the execution by each party ; and instead of such attestation such conveyance of any lands or heritages in Scotland shall be executed with a testing clause, according to the law and practice of Scotland; and, being recorded within sixty days of the date thereof in the general register of seisins or particular register for the county or stewartry in which the lands or heritages lie, shall without actual seisin, be valid and effectual in law to all intents and purposes, and shall be a complete bar to all other rights, titles, trusts, interests, and incum

brances to, in, or upon the lands or heritages so conveyed. Application of

11. And be it enacted, That where any land shall be sold by Purchase

any ecclesiastical corporation sole for the purposes of this Act, and Money for Land sold by the purchase money to be paid shall not exceed the sum of twenty any Ecclesias- pounds, the same may be retained by the party conveying, for his tical Corpora- own benefit ; but when it shall exceed the sum of twenty pounds, tion Sole.

it shall be applied for the benefit of the said corporation, in such manner as the bishop in whose diocese such land shall be situated shall, by writing under his hand, to be registered in the registry of his diocese, direct and appoint; but no person purchasing such land for the purpose aforesaid shall be required to see to the due

application of any such purchase money. Application of

12. And be it enacted, That the price of any lands or heritages Purchase to be sold for the purposes of this Act, by any heir of entail or Money for

other incapacitated person or persons in Scoilini, shall be applied Lands sold in and invested in such and the like manner as is directed in relation Scotland.

to any monies awarded to be paid for lands or heritages belonging to heirs of entail or incapacitated persons under an Act passed in

the first and second years of the reign of His late Majesty King 1 & 2 W. 4, William the Fourth, intituled An Act for amending and making c. 43.

more effectual the Laws concerning Turnpike Roads in Scotland. Ecclesiastical 13. And be it enacted, That when any ecclesiastical corporaCorporations tion sole below the dignity of a bishop shall grant any land to procure a belonging to him in right of his corporation for the purposes of Certificate as to the Extent

this Act, he shall procure a certificate, under the hands of three of the land beneficed clergymen of the diocese within which the land to be conveyed. conveyed shall be situate, as to the extent of the land so conveyed,

to be endorsed on the said deed; which certificate shall be in the

form following ; (that is to say,) Form of · WE, A.B. clerk, rector of the parish of

C.D. Clerk, Certificate. ‘rector of the parish of

and E.F. clerk, vicar of the 'parish of being three beneficed clergymen of the diocese 'of do hereby certify, That

clerk, rector of the



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day of



sell or ex

parish of
within the said diocese of

being about to convey a portion of land situate in the said parish of

for the purposes of a school, under the powers of the Act passed in the

year of the reign of Her Majesty 'Queen Victoria, intituled An Act for affording further Facilities for the Conveyance and Endowment of Sites for Schools, we have at his request inspected and examined the portion of land, and have ascertained that the same is situate at [here describe the situ'ation], and that the extent thereof does not exceed

As witness our hands, this
in the county of

and diocese of
And until such certificate shall have been signed no such convey-
ance shall have any force or validity.

14. And be it enacted, That when any land or building shall Trustees emhave been or shall be given or acquired under the provisions of powered to the said first recited Act or this Act, or shall be held in trust for

change Lands the purposes aforesaid, and it shall be deemed advisable to sell or

or Buildings. exchange the same for any other more convenient or eligible site, it shall be lawful for the trustees in whom the legal estate in the said land or building shall be vested, by the direction or with the consent of the managers and directors of the said school, if any such there be, to sell or exchange the said land or building, or part thereof, for other land or building suitable to the purposes

of their trust, and to receive on any exchange any sum of money by way of effecting an equality of exchange, and to apply the money arising from such sale or given on such exchange in the purchase of another site, or in the improvement of other premises used or to be used for the purposes of such trust; provided that where the land shall have been given by any ecclesiastical corporation sole, the consent of the bishop of the diocese shall be required to be given to such sale or exchange before the same shall take place: Provided also, that where a portion of any parliamentary grant shall have been or shall be applied towards the erection of any school, no sale or exchange thereof shall take place without the consent of the secretary of state for the home department for the time being

15. And whereas in many cases conveyances of land have been All Conveymade, purporting to be made in pursuance of the powers of the ances of Land said first-recited Act, to the minister or incumbent and the church- under 6 & 7

W. 4, c. 70, to wardens or chapelwardens of certain parishes or places, as and for

be deemed sites of schools or houses of residence for the schoolmasters; and effectual for doubts have been entertained whether such conveyances are valid vesting the and effectual for the purposes of conveying the fee simple, in con- Fee Simple. sequence of the said statute not containing any words of limitation to the successors of such persons; be it therefore enacted, That all conveyances whereby any land shall have been conveyed to the minister or incumbent and the churchwardens or chapelwardens of any parish or place for the time being, whether made to them

as such minister or incumbent and churchwardens or chapelwardens, or to them and their successors, shall be deemed and taken to have been and shall be valid and effectual for the purpose of vesting the fee simple, or such other estate as hath been proposed to be conveyed, in the persons who from time to time shall be the minister or incumbent and the churchwardens or chapelwardens of such place, such minister being the rector, vicar, or perpetual curate, whether endowed or not, of the said parish

or place. Certain Con. 16. And whereas certain lands or buildings have been conveyed veyances of

for valuable consideration, upon trust for the purposes of the Lands, &c. for education of the poor, and through inadvertence or other causes Purposes of Education not

the deeds or assurances conveying the same have not been enenrolled as rolled in chancery, as required by the Act passed in the ninth required by

year of the reign of His late Majesty King George the Second, the 9 G. 2, intituled An Act to restrain the Disposition of Lands whereby the c. 36, rendered valid if en

same become unalienable, and by the said herein-before first-recited rolled within Act; be it therefore enacted, That notwithstanding the said protwelve months visions all such conveyances shall be and remain valid for the from the

space of twelve calendar months next ensuing the passing of this passing of

Act, and if enrolled in chancery before the expiration of that time this Act.

shall be and remain valid hereafter as if duly enrolled within the Proviso for time required by the provisions of the said Acts : Provided neverDeeds avoided theless, that no effect shall be given hereby to any deed or other in any suit.

assurance heretofore made, so far as the same has been already avoided by any suit at law or in equity, or by any other legal or equitable means whatsoever, or to affect or prejudice any suit at law or in equity actually commenced for avoiding any such deed or other assurance, or for defeating the charitable uses in trust or for the benefit of which such deed or other assurance may

have been made. No School- 17. And be it enacted, That no schoolmaster or schoolmistress master to ac- to be appointed to any school erected upon land conveyed under quire a Life

the Interest by

of this Act shall be deemed to have acquired an interest

powers virtue of his

for life by virtue of such appointment, but shall in default of any Appointment. specific engagement, hold his office at the discretion of the trus

tees of the said school. Justices of the 18. And for the more speedy and effectual recovery of the Peace or possession of any premises belonging to any school which the Sheriffs to give master or mistress who shall have been dismissed, or any person Possession of School-rooms,

who shall have ceased to be master or mistress, shall hold over &c. in case of after his or her dismissal or ceasing to be master or mistress ; be the Refusal of it enacted, That when any master or mistress, not being the the Master.

master or mistress of any grammar school within the provision of the Act of the last session of parliament herein-after mentioned, holding any schoolroom, schoolhouse, or any other house, land, or tenement, by virtue of his or her office, shall have been dismissed or removed, or shall have ceased to be master or mistress, and shall neglect or refuse to quit or deliver up possession of the premises within the space of three calendar months after such dismissal or ceasing to be master or mistress, not having any lawful authority for retaining such possession, it shall be lawful for the Justices of the Peace acting for the district or division in which such premises are situated, in petty sessions assembled, or any two of them, or for the sheriff of the county in Scotland, and they are hereby required, on the complaint of the trustees or managers of the said school, or some one of them, on proof of such master or mistress having been dismissed or removed, or having ceased to be such master or mistress, to issue a warrant under their hands and seals, or under the hand of such sheriff in Scotland, to some one or more of the constables and peace officers of the said district or division, or of the sheriff's officers in Scotland, commanding him or them, within a period to be therein named, not less than ten nor more than twenty-one clear days from the date of such warrant, to enter into the premises, and give possession of the same to the said trustees or managers or their agents, such entry and possession being given in England in such manner as Justices of the Peace are empowered to give possession of any premises to any landlord or his agent under an Act passed in the second year of the reign of Her present Majesty, intituled An Act to facilitate 1 & 2 Vict. the Recovery of Possession of Tenements after due Determination of c. 74. the Tenancy.

19. And whereas by an Act passed in the last session of parlia- Powers granted ment, intituled An Act to further amend the Church Building Acts, to the Com

missioners Provision was made to enable Her Majesty's commissioners for

under 3 & 4 building new churches to apply land in any parish granted to them Vict. c. 60. for any of the purposes of the church building Acts to any other for applying ecclesiastical purposes, or for the purpose of any parochial or Land to Ecclecharitable school, or any other charitable or public purpose relating

siastical Purto any such parish or place : And whereas through an accidental poses extended

to Land grantomission such provision does not extend to cases of land granted ed by way by way of gift; be it therefore enacted, That such power so given of Gift. to the said commissioners, so far as it is applicable to the purposes of any school, shall extend to every case of land granted, given or conveyed to them under the authority of the several Acts in the said Act recited.

20. And be it enacted, That the term " parish ” in this Act Definition of shall be taken to signify every place separately maintaining its own the Term

“Parish." poor, and having its own overseers of the poor and church or chapel wardens.

21. And be it enacted, That this Act shall not extend to Act not to exIreland.

tend to Ireland. 22. And be it enacted, That nothing herein contained shall Act not to. repeal or affect an Act passed in the second year of the reign of affect 1 & 2 Her present Majesty, intituled An Act to facilitate the Foundation Vict. c. 87. or

3 & 4 Vict. and Endowment of additional Schools in Scotland, or another Act passed in the last session of parliament, intituled An Act to enable Proprietors of Entailed Estates in Scotland to feu or lease on long Leases Portions of the same for the building of Churches and Schools,

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c. 48.


and for Dwelling Houses and Gardens for the Ministers and Masters

thereof. Act may be 23. And be it enacted, That this Act may be altered or amended amended, &c. by any Act to be passed in this session of parliament.. this Session,

CAP. XXXIX. An Act to explain and amend Two several Acts relating to the Ecclesiastical Commissioners for England.

[21st June, 1841.] WHEREAS an Act was passed in the seventh year of the reign 6 & 7 W.4,

of His late Majesty, intituled An Act for carrying into effect the c. 77. Reports of the Commissioners appointed to consider the State of the

Established Church in England and Wales, with reference to Ecclesiastical Duties and Revenues, so far as they relate to Episcopal

Dioceses, Revenues, und Patronage : And whereas another Act was 3 & 4 Vict. passed in the last session of parliament, intituled An Act to carry c. 113.

into effect, with certain Modifications, the Fourth Report of the Commissioners of Ecclesiastical Duties and Revenues : And whereas it is expedient to explain and amend certain provisions in the said Acts contained; be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the

Lords Spiritual and Temporal, and Commons, in this present Commis- parliament assembled, and by the authority of the same, That, sioners may notwithstanding any thing in either of the said recited Acts conadjourn Meet.

tained, it shall be lawful for the ecclesiastical commissioners for ings from Day England, at any meeting duly convened according to the pro6 & 7 W.4, visions thereof, to continue and adjourn such meeting from day to c. 77. s. 4.

day for any such number of days as they shall deem necessary; 3 & 4 Vict.

and the proceedings of the said commissioners, and all acts, c. 113, s. 82.

matters, and things done and executed by them, on each and every of such days of adjournment, shall be as valid and effectual

to all intents and purposes as if the same had been done and Proviso as to executed on the first day of such meeting : Provided always, that confirming

no proceeding which requires to be ratified and confirmed by the Proceedings.

common seal of the corporation shall be finally concluded by the affixing of the said seal on any such day of adjournment, unless notice of the intention to propose such proceeding for final consideration and decision shall have been sent together with every

notice issued for such first day of meeting. Cathedrals in 2. And for the removal of all doubts respecting the foundation which Hono. of honorary canonries, be it declared and enacted, That honorary rary Canonries

canonries are and shall be founded forthwith in the cathedral are founded. 3 & 4 Vict. churches of Canterbury, Bristol, Carlisle, Chester, Durham, Ely, c. 113, s. 23. Gloucester, Norwich, Oxford, Peterborough, Ripon, Rochester,

Winchester, and Worcester, and in the collegiate church of Manchester so soon as the same shall become a cathedral church, and in no other cathedral church ; and that all the provisions of the

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