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Trustee or Trustces, it shall be sufficient for such person to convey the same for the purposes of this Act without the Trustee or Trustees being party to the conveyance thereof; and where any married woman shall be seised or possessed of or entitled to any estate or interest, manorial or otherwise, in land proposed to be conveyed for the purposes of this Act, she and her husband may convey the same for such purposes by deed, without any acknowledgment thereof; and where it is deemed expedient to purchase any land for the purposes aforesaid belonging to or vested in any infant or lunatic, such land may be conveyed by the Guardian or Committee of such infant, or the Committee of such lunatic respectively, who may receive the purchase-money for the same, and give valid and sufficient discharges to the party paying such purchase-money, who shall not be required to see to the application thereof.
VI. And be it enacted, That it shall be lawful for any corporation, ecclesiastical or lay, whether sole or aggregate, and for any Officers, Justices of the Peace, Trustees, or Commissioners, holding land for public, ecclesiastical, parochial, charitable, or other purposes or objects, subject to the provisions next hereinafter mentioned, to grant, convey, or enfranchise, for the purposes of this Act, such quantity of land as aforesaid in any manner vested in such Corporation, Officers, Justices, Trustees, or Commissioners: Provided always, that no ecclesiastical corporation sole, being below the dignity of a bishop, shall be authorized to make such grant without the consent in writing of the bishop of the diocese to whose jurisdiction the said ecclesiastical corporation is subject: Provided also, that no parochial property shall be granted for such purposes without the consent of a majority of the rate-payers and owners of property in the parish to which the same belongs, assembled at a meeting to be convened according to the mode pointed out in the Act passed in the sixth year of the reign of His late Majesty, intituled An Act to facilitate the Conveyance of Workhouses and other Property of Parishes and of Incorporations or Unions of Parishes in England and Wales, and without the consent of the Poor Law Commissioners, to be testified by their seal being affixed to the deed of conveyance, and of the Guardians of the poor of the Union within which the said parish may be comprised, or of the Guardians of the poor of the said parish where the administration of the relief of the poor therein shall be subject to a Board of Guardians, testified by such Guardians being the parties to convey the same; provided also, that where any Officers, Trustees, or Commissioners, other than parochial Trustees, shall make any such grant, it shall be sufficient if a majority or quorum authorized to act of such Officers, Trustees, or Commissioners, assembled at a meeting duly convened, shall assent to such grant, and shall execute the deed of conveyance, although they shall not constitute a majority of the actual body of such Officers, Trustees, or Commissioners : Provided also, that the Justices of the Peace 'may give their consent to the making any grant of land or premises belonging to any county, riding, or division by vote at their General Quarter Sessions, and may direct the same to be made in the manner directed to be pursued on the sale of the sites of gaols by an Act passed in the seventh year of the reign of His late Majesty George the Fourth, intituled An Act to authorize the Disposal of unnecessary Prisons in England.
VII. And be it enacted, That all grants of land or buildings, or
any interest therein, for the purposes of the education of poor persons, whether taking effect under the authority of this Act or any other authority of law, may be made to any Corporation sole or aggregate, or to several Corporations sole, or to any Trustees whatsoever, to be held by such Corporation or Corporations or Trustees for the purposes aforesaid : Provided nevertheless, that any such grant may be made to the minister of any parish being a corporation, and the churchwardens or chapelwardens and overseers of the poor, or to the minister and kirk session of the said parish, and their successors; and in such case the land or buildings so granted shall be vested for ever thereafter in the minister, churchwardens, or chapelwardens, and overseers of the
for the time being, or the minister and kirk session of such parish, but the management, direction, and inspection of the school shall be and remain according to the provisions contained in the deed of conveyance thereof: Provided also, that where any ecclesiastical corporation sole below the dignity of a bishop shall grant any land to trustees, other than the minister, churchwardens or chapelwardens, and overseers, for the purposes aforesaid, such trustees shall be nominated in writing by the bishop of the diocese to whose jurisdiction such corporation shall be subject; provided that where any school shall be intended for any ecclesiastical district not being a parish as hereinafter defined, it shall be sufficient if the grant be made to the minister and church or chapel warden or wardens of the church or chapel of such district, to hold to them and their successors in office; and such grant shall enure to vest the land, subject to the conditions contained in the deed of conveyance, in such minister and the church or chapel warden or wardens for the time being.
VIII. And whereas schools for the education of the poor in the principles of the established church, or in religious and useful knowledge, and residences for the masters or mistresses of such schools, have been heretofore erected, and are vested in trustees not having a corporate character; be it therefore enacted, That it shall be lawful for the trustees for the time being of such last-mentioned schools and residences, not being subject to the provisions of the Act passed in the last session of Parliament, intituled An Act for Improving the Conditions and Extending the Benefits of Grammar Schools, to convey or assign the same, and all their estate and interest therein, to such ministers and churchwardens and overseers of the poor of the parish within which the same are respectively situate, and their successors as aforesaid, or, being situate within an ecclesiastical district not being a parish as hereinafter defined, then to the minister and church or chapel wardens of the church or chapel of such district, and their successors, in whom the same shall thereafter remain vested accordingly, but subject to and under the existing trusts and provisions respectively affecting the same.
IX. And be it enacted, That any person or persons or corporation may grant any number of sites for distinct and separate schools, and residences for the master or mistress thereof, although the aggregate quantity of land thereby granted by such person or persons or corporation shall exceed the extent of one acre; provided that the site of each school and residence do not exceed that extent: Provided also, that not more than one such site shall be in the same parish.
X. And be it enacted, That all grants, conveyances, and assurances of any site for a school, or the residence of a schoolmaster or schoolmistress, under the provisions of this Act, in respect of any land, messuages, or buildings, may be made according to the form following, or as near thereto as the circumstances of the case will admit; (that is to say,) I (or We, or the corporate title of a corporation), under the authority of an 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, do hereby freely and voluntarily, and without any valuable consideration, Cor do, in consideration of the sum of
to me or us or the said paid,] grant, [alienate,) and convey to
all [description of the premises), and all (my or our or the right, title, and interest of the
] to and in the same and every part thereof, to hold unto and to the use of the said
and his or their [heirs, or executors, or administrators, or successors,] for the purposes of the said Act, and to be applied as a site for a school for poor persons of and in the parish of
and for the residence of the schoolmaster (or schoolmistress) of the said school (or for other purposes of the said school), and for no other purpose whatever; such school to be under the management and control of (set forth the mode in which and the persons by whom the school is to be managed, directed, and inspected.] [In case the school be conveyed to trustees, a clause providing for the renewal of the trustees, and in cases where the land is purchased, exchanged, or demised, usual covenants or obligations for title may be added.] In witness whereof the conveying 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 incumbrances to, in, or upon the lands or heritages so conveyed.
XI. And be it enacted, That where any land shall be sold by any ecclesiastical corporation sole for the purposes of this Act, and the purchase-money to be paid shall not exceed the sum of twenty pounds, the same may be retained by the party conveying, for his own benefit; but when it shall exceed the sum of twenty pounds 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.
XII. And be it enacted, That the price of any lands or heritages to be sold for the purposes of this Act by any heir of entail or other incapacitated person or persons in Scotland shall be applied and invested in such
and the like manner as is directed in relation to any moneys 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 William the Fourth, intituled An Act for Amending and making more effectual the Laws concerning Turnpike-Roads in Scotland.
XIII. And be it enacted, That when any ecclesiastical corporation sole below the dignity of a bishop shall grant any land belonging to him in right of his corporation for the purposes of this Act, he shall procure a certificate, under the hands of three beneficed clergymen of the diocese within which the land to be 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,) “WE, A.B. clerk, rector of the parish of
C.D. clerk, 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 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
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 situation), and that the extent thereof does not exceed
As witness our hands, this
in the county of and diocese of Witness
of And until such certificate shall have been signed no such conveyance shall have any force or validity.
XIV. And be it enacted, That when any land or building shall have been or shall be given or acquired under the provisions of the said firstrecited Act or this Act, or shall be held in trust for the purposes aforesaid, and it shall be deemed advisable to sell or 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.
XV. And whereas in many cases conveyances of land have been made,
purporting to be made in pursuance of the powers of the said first-recited Act, to the minister or incumbent and the churchwardens or chapelwardens of certain parishes or places, as and for sites of schools or houses of residence for the schoolmasters; and doubts have been entertained whether such conveyances are valid and effectual for the purposes of conveying the fee simple, in consequence 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.
XVI. And whereas certain lands or buildings have been conveyed for valuable consideration, upon trust for the purposes of the education of the poor, and through inadvertence or other causes 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 hereinbefore first-recited act; be it therefore enacted, That notwithstanding the said provisions 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 assuravce, or for defeating the charitable uses in trust or for the benefit of which such deed or other assurance may have been made.
XVII. 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 specific engagement, hold his office at the discretion of the trustees of the said school.
XVIII. And for the more speedy and effectual recovery of the possession of any premises belonging to any school which the 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 hereinafter mentioned, holding any schoolroom, schoolhouse, or any other house, land, or tenement, by virtue of his or her office, shall have been dismissed