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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

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day of

and diocese of

And until such certificate shall have been signed no such conveyance 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 sell or exchange 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 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

con

Certain Conveyances of

enrolled as required by the 9 G. 2,

c. 36, rendered valid if en

rolled within

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.

16. And whereas certain lands or buildings have been conveyed 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 enrolled in chancery, as required by the Act passed in the ninth year of the reign of His late Majesty King George the Second, intituled An Act to restrain the Disposition of Lands whereby the same become unalienable, and by the said herein-before first-recited Act; be it therefore enacted, That notwithstanding the said protwelve months visions all such conveyances shall be and remain valid for the space of twelve calendar months next ensuing the passing of this Act, and if enrolled in chancery before the expiration of that time shall be and remain valid hereafter as if duly enrolled within the time required by the provisions of the said Acts: Provided nevertheless, that no effect shall be given hereby to any deed or other 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.

from the passing of this Act.

Proviso for

Deeds avoided in any suit.

No Schoolmaster to acquire a Life Interest by

17. And be it enacted, That no schoolmaster or schoolmistress to be appointed to any school erected upon land conveyed under the powers of this Act shall be deemed to have acquired an interest for life by virtue of such appointment, but shall in default of any Appointment. specific engagement, hold his office at the discretion of the trustees of the said school.

virtue of his

Justices of the
Peace or

Possession of

School-rooms, &c. in case of the Refusal of

the Master.

18. And for the more speedy and effectual recovery of the possession of any premises belonging to any school which the Sheriffs to give master or mistress who shall have been dismissed, or any person who shall have ceased to be master or mistress, shall hold over after his or her dismissal or ceasing to be master or mistress; be it enacted, That when any master or mistress, not being the 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.

missioners

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 ComProvision 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 omission 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.

poses extended to Land grant

the Term

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 "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.

3 & 4 Vict.

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 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,

G

c. 48.

Act may be

amended, &c. this Session.

and for Dwelling Houses and Gardens for the Ministers and Masters thereof.

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

CAP. XXXIX.

6 & 7 W. 4, c. 77.

3 & 4 Vict. c. 113.

Commis

sioners may adjourn Meetings from Day to Day.

6 & 7 W. 4, c. 77. s. 4. 3 & 4 Vict.

c. 113, s. 82.

Proviso as to confirming Proceedings.

Cathedrals in

3 & 4 Vict.

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 of His late Majesty, intituled An Act for carrying into effect the 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, and Patronage: And whereas another Act was passed in the last session of parliament, intituled An Act to carry 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 parliament assembled, and by the authority of the same, That, notwithstanding any thing in either of the said recited Acts contained, it shall be lawful for the ecclesiastical commissioners for England, at any meeting duly convened according to the provisions thereof, to continue and adjourn such meeting from day to day for any such number of days as they shall deem necessary; and the proceedings of the said commissioners, and all acts, 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 executed on the first day of such meeting: Provided always, that no proceeding which requires to be ratified and confirmed by the 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.

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. 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

secondly recited act which purport to relate to honorary canonries shall apply to the honorary canonries so founded.

Two Benefices.

c. 113, ss. 23,

3. And be it enacted, That the holding of an honorary canonry, Honorary Preor of any prebend, dignity, or office, not now in any manner ferment may endowed, or whereof the lands, tithes, or other hereditaments, be held with endowments, or emoluments shall have been vested in the eccle- 3 & 4 Vict. siastical commissioners for England, or which may hereafter be endowed to an amount not exceeding twenty pounds by the year, 51, and shall shall not be construed to prevent the holding therewith of more not be subject benefices than one; and that no such prebend, dignity, or office, to Lapse. which was vacant on the thirteenth day of August last, or became so at any time since, shall be deemed to have lapsed by reason of such vacancy, but hath remained and shall remain in the patronage of the archbishop or bishop of the diocese for the time being until a successor shall be collated thereto; and that every such prebend, dignity, or office, which shall hereafter become vacant, and every such honorary canonry, shall in like manner be and remain in the patronage of the archbishop or bishop of the diocese for the time being until a successor shall be collated thereto; any royal prerogative, statute, canon, or usage to the contrary notwithstanding.

3 & 4 Vict.

4. And whereas it is not just that first fruits and tenths should First Fruits be paid by the holders of dignities, prebends, and offices of which and Tenths the estates are vested in the said ecclesiastical commissioners, and of vacated it is inexpedient to diminish the amount of the fund accruing to Prebends, &c. the governors of Queen Anne's bounty in respect of such prebends, c. 113, ss. 48, dignities, and offices, and of sinecure rectories; be it enacted, 49, 50, 51, 54. That the holders of all dignities, prebends, and offices, whereof the lands, tithes, tenements, and other hereditaments and endowments shall have become so vested, shall be absolutely relieved and discharged from the payment of all first fruits and tenths in respect of such their dignities, prebends, and offices respectively; and that the said commissioners shall yearly and every year, on or before the thirty-first day of March, out of the monies at their disposal under the provisions of the secondly recited Act, pay or cause to be paid to the treasurer of the said governors for the time being a sum equal to one twentieth part of the aggregate amount charged for first fruits on all dignities, prebends, offices, and sinecure rectories, of which the lands, tithes, tenements, or other hereditaments or endowments had on the last day of the preceding December become so vested in the said commissioners, as an average compensation for, and in full satisfaction of all claim of the said governors to, the first fruits heretofore payable in respect thereof; and the said commissioners shall also, subject to the proviso herein-after contained, on or before the same day of March, and out of the same monies, pay or cause to be paid yearly and every year to the said treasurer for the time being the aggregate amount of the tenths due to the said governors for or in respect of all the same dignities, prebends, offices, and sinecure rectories: Provided always, that nothing herein contained shall

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