sonably inferred from, the same respectively, although not therein expressly mentioned or described. And these presents further witness, and in consideration of the premises and of the stipulations hereinbefore contained, the said C. D., E. F., and G. H. do hereby for themselves, their heirs, executors, and administrators, covenant with the said A. B., his executors, administrators, and assigns, that (subject nevertheless to the provision herein before contained for making additions to, or deductions from, the said sum of Pounds) they, the said C. D., E. F., and G. H., or some or one of them, or their or some or one of their heirs, executors, administrators, or assigns, or other the trustees or trustee for the time being of the said school, will pay to the said A. B., his executors, administrators, or assigns, the sum of Pounds, of lawful British money, by the instalments, at the times, and in manner following: (that is to say) [This blank will be filled up according to the nature of the building and the circumstances of the case. It will generally be proper to fix the payment of the several instalments on the completion of certain portions of the work. The following is given as a specimen : First. An instalment of Fifteen Pounds per centum, on the Third. An instalment of Twenty Pounds per centum, as soon Fourth. An instalment of Fifteen Pounds per centum, as soon as the floors are laid and the plastering done. Fifth. An instalment of Twenty Pounds per centum, as soon as the whole of the building and works are completed, except such colouring or painting, if any, as the said J. K. shall permit to be postponed.] leaving a balance of ten pounds per centum as a security for the finishing of the said building and works, and likewise as a guarantee for the good quality in all respects of the whole of the work; and the said balance shall remain unpaid for two calendar months next after the completion of the said building and works, and also until all defects which the said J. K. shall, within the said period of two calendar months from such completion, certify to exist in the said building or works, shall have been completely remedied by and at the expense of the said A. B., his executors or administrators: Provided nevertheless, that the said A. B., his executors or administrators, shall not be entitled to demand or receive any of the aforesaid instalments, or the said balance of ten pounds per centum, until the particular portion of the said building and works, or the whole thereof (as the case may be), in respect of the completion whereof respectively any such instalment, or the said balance of ten pounds per centum, is herein before made payable, shall have been duly completed to the satisfaction of the said J. K., to be certified by him in writing; and the said C. D., E. F., and G. H. do hereby accordingly agree that the said J. K. shall, from time to time, on receiving notice from the said A. B., his executors or administrators, for that purpose, forthwith examine such particular portion of the said building and works, or the whole thereof (as the case may be), so from time to time executed; and if the same shall be so duly completed as aforesaid, shall with all convenient speed certify the same to the said trustees or trustee for the time being. And it is hereby further agreed, that the decision of the said J. K., with respect as well to the state and condition as to the completion of the said building and works, or of any particular portion thereof respectively, and also with respect to every question which may arise concerning the construction or effect of the said specification and drawings, or any of them, shall at all times be final and conclusive on the said A. B., his executors and administrators. And it is hereby further agreed, that the said J. K., and every agent or clerk of the works whom he may from time to time appoint, shall, at all times during the progress of the said building and works, have free access thereto, and full right to examine and inspect the same, and every part thereof, at their discretion. Provided always, and it is hereby agreed and declared, that if at any time after the said building and works hereby contracted to be performed, or any part thereof, shall have been certified by the said J. K. to have been duly completed, and either before or after the said A. B., his executors or administrators, shall have received from the said trustees or trustee for the time being all or any of the several sums of money herein before contracted to be paid to him or them for the performance thereof, it shall appear that the said A. B., his executors or administrators, has or have used any unsound materials in any part of the building or works hereby contracted to be performed, or that the said A. B., his executors or administrators, has or have in any other way not performed the said works according to the stipulations and true intent and meaning of these presents, in a workmanlike manner, then, and in such case it shall be lawful for the said trustees or trustee for the time being, notwithstanding anything in these presents contained, or any certificate which may have been given by the said J. K. of the due completion of the said building and works, or any part thereof, to institute any action or suit, or take any proceedings which the said trustees or trustee for the time being shall be advised, against the said A. B., his heirs, executors, or administrators, for the damage which shall have been sustained in consequence of the use of any unsound materials by the said A. B., his executors or administrators, in the said building or works or any of them, or of the said building or works or any of them not having been performed in a workmanlike manner, and in all other respects according to these presents; and it is hereby agreed and declared, that in any such action or suit or other proceeding, any certificate which shall have been given by the said J. K. as aforesaid, or otherwise, shall not in any manner bar or prejudice such action, suit, or other proceeding. Provided always, and it is hereby agreed and declared, that in case the said J. K., or any future architect to be appointed as hereinafter mentioned, shall die, or, from any cause whatsoever, cease to be the architect of the said trustees or trustee in relation to the said building and works, before the same shall be fully completed and certified to be so in manner aforesaid, then and in such case it shall be lawful for the said trustees or trustee for the time being to appoint any other person as architect in the room of the said J. K., or of such future architect, and the architect so to be appointed shall have the same powers as are hereby given or reserved to the said J. K.; and every provision, matter, and thing herein contained in reference to the said J. K. shall be considered as applicable in all respects to every such future architect so to be appointed as aforesaid. day of day of And the said A. B. doth hereby, for himself, his heirs, executors, and administrators, further covenant with the said C. D., E. F., and G. H., their heirs, executors, administrators, and assigns, that if he, the said A. B., his executors or administrators, shall not complete on or before the said the whole of the said building and works (except such colouring or painting, if any, as the said J. K. shall permit to be postponed), he the said A. B., his executors or administrators, will pay to the said trustees or trustee for the time being the sum of Five Pounds for every week which shall elapse between the said and the time of the completion of the said building and works (but so nevertheless that the said weekly payment shall not be incurred in respect of the time, if any, during which the said A. B., his executors or administrators, shall be prevented from proceeding with the said building and works, by fire or any other unforeseen accident, which in the judgment of the said J. K. shall be considered a sufficient excuse); and if the said A. B., his executors or administrators, shall fail in the performance of this contract in any other respect, he the said A. B., his executors or administrators, will pay to the said trustees or trustee for the time being the sum of Anno Quarto & Quinto Victoriæ Regina, CAP. XXXVIII. AN ACT to afford further Facilities for the Conveyance and Endowment of Sites for Schools. [21st June, 1841.] WHEREAS it is expedient that greater facilities should be given for the erection of schools and buildings for the purposes of education: may it therefore please your Majesty that it may be enacted; and be it 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 from and after the passing of this Act an Act passed in the session held in the sixth and seventh years of the reign of his late Majesty King William the Fourth, intituled An Act to facilitate the Conveyance of Sites for School-rooms, shall be and the same is hereby repealed ; provided that all matters and things done in pursuance of the said Act shall be and remain valid as though the said Act was not repealed; and all matters and things commenced in pursuance of the said Act shall be continued according to the provisions of this Act, if the same shall be applicable, otherwise shall be continued conformably to the said recited Act, which shall be deemed to be still in force with regard to such proceedings. II. And be it enacted, That any person, being seised in fee simple, fee tail, or for life, of and in any manor or lands of freehold, copyhold, or customary tenure, and having the beneficial interest therein, or in Scotland being the proprietor in fee simple or under entail and in possession for the time being, may grant, convey, or enfranchise by way of gift, sale, or exchange, in fee simple or for a term of years, any quantity not exceeding one acre of such land, as a site for a school for the education of poor persons, or for the residence of the schoolmaster or schoolmistress, or otherwise for the purposes of the education of such poor persons in religious and useful knowledge; provided that no such grant made by any person seised only for life of and in any such manor or lands shall be valid, unless the person next entitled to the same in remainder, in fee simple or fee tail (if legally competent), shall be a party to and join in such grant: Provided also, that where any portion of waste or commonable land shall be gratuitously conveyed by any lord or lady of a manor for any such purposes as aforesaid, the rights and interests of all persons in the said land shall be barred and divested by such conveyance: Provided also, that upon the said land so granted as aforesaid, or any part thereof, ceasing to be used for the purposes in this Act mentioned, the same shall thereupon immediately revert to and become a portion of the said estate held in fee simple or otherwise, or of any manor or land as aforesaid, as fully to all intents and purposes as if this Act had not been passed, anything herein contained to the contrary notwithstanding. III. And whereas it may be expedient and proper that the chancellor and council of her Majesty's Duchy of Lancaster, on her Majesty's behalf, should be authorized to grant, convey, or enfranchise, to or in favour of the Trustee or Trustees of any existing or intended school, lands and hereditaments belonging to her Majesty in right of her said Duchy, for the purposes of this Act; Be it therefore enacted, That it shall and may be lawful for the chancellor and council of her Majesty's Duchy of Lancaster for the time being, by any deed or writing under the hand and seal of the chancellor of the said Duchy for the time being, attested by the clerk of the council of the said Duchy for the time being, for and in the name of her Majesty, her Heirs and Successors, to grant, convey, or enfranchise, to or in favour of such Trustee or Trustees, any lands and hereditaments to be used by them for the purposes of this Act, upon such terms and conditions as to the said chancellor and council shall seem meet; and where any sum or sums of money shall be paid as or for the purchase or consideration for such lands or hereditaments so to be granted, conveyed, or enfranchised as aforesaid, the same shall be paid by such Trustee or Trustees into the hands of the Receiver General for the time being of the said Duchy, or his Deputy, and shall be by him paid, applied, and disposed of according to the provisions and regulations contained in an Act passed in the forty-eighth year of the reign of his late Majesty King George the Third, intituled An Act to improve the Land Revenue of the Crown in England, and also of His Majesty's Duchy of Lancaster, or any other Act or Acts now in force for that purpose: Provided always, that upon the said land so granted as aforesaid, or any part thereof ceasing to be used for the purposes in this Act mentioned, the same shall thereupon immediately revert to and become again a portion of the possessions of the said Duchy, as fully to all intents and purposes as if this Act or any such grant as aforesaid had not been passed or made; anything herein contained to the contrary notwithstanding. IV. And be it enacted, That for the purposes of this Act only, and for such time only as the same shall be used for the purposes of this Act, it shall be lawful for any two of the principal officers of the Duchy of Cornwall, under the authority of a warrant issued for that purpose under the hands of any three or more of the special Commissioners for the time being for managing the affairs of the Duchy of Cornwall, or under the hands of any three or more of the persons who may hereafter |