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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 the Recovery of Possession of Tenements after due determination of the Tenancy.
XIX. And whereas by an Act passed in the last session of Parliament, intituled An Act to further Amend the Church Building Acts, provision was made to enable Her Majesty's coinmissioners for building new churches to apply land in any parish granted to them for any of the
purposes of the church building Acts to any other ecclesiastical purposes, or for the purpose of any parochial or charitable school, or any other charitable or public purpose relating to any such parish or place : And whereas through an accidental omission such provision does not extend to cases of land granted by way of gift; Be it therefore enacted, That such power so given 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.
XX. And be it enacted, That the term “ parish ” in this Act shall be taken to signify every place separately maintaining its own poor and having its own overseers of the poor and church or chapel wardens.
XXI. And be it enacted, That this Act shall not extend to Ireland.
XXII. And be it enacted, That nothing herein contained shall repeal or affect an Act passed in the second year of the reign of Her present Majesty, intituled An Act to facilitate the Foundation 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, and for Dwellinghouses and Gardens for the Ministers and Masters thereof.
XXIII. And be it enacted, That this Act may be altered or amended by any Act to be passed in this session of Parliament,
Anno Septimo & Octavo Victoria Regina.
CAP. XXXVII. AN ACT to secure the Terms on which Grants are made by Her
Majesty out of the Parliamentary Grant for the Education of the Poor; and to explain the Act of the fifth year of the reign of Her present Majesty, for the Conveyance of Sites for Schools.
[19th July, 1844.) WHEREAS during several years last past divers sums of money have been granted by Parliament to Her Majesty, to be applied for the purpose of promoting the Education of the Poor in Great Britain, and similar grants may hereafter be made: And whereas Her Majesty hath appointed a committee of Her Council to receive applications for assistance from such Grants, and to report thereon, and to advise Her Majesty as to the terms and conditions upon which such assistance shall be granted, and many such reports have been made, and approved of by Her Majesty, and the terms and conditions having been assented to by the applicants, Grants have been made out of the said fund: And whereas in some cases, by reason of the deeds of endowment of Schools in respect of which such applications have been received having been executed before the grant has been made, such terms and conditions have not and cannot be made permanently binding on the estate; but the parties promoting the said Schools have entered into personal obligations or assurances for the due performance of such terms and conditions, though deriving no beneficial interest from the charitable institution which they have established; and it is desirable to provide permanent security to Her Majesty and Her successors for the due fulfilment of the terms and conditions, and to relieve the parties from the personal liabilities so entered into for the purpose aforesaid : 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 where any Grant hath been made or shall hereafter be made out of any sums of money heretofore granted or hereafter to be granted by Parliament for the purposes of Education in Great Britain, under the advice of any committee of the Council on Education for the time being, upon terms and conditions to provide for the inspection of the School by an inspector appointed or to be appointed by Her Majesty and her successors, which shall not be inserted in the conveyance of the site of the School, or in the deed declaring the trusts thereof, and such Grant shall be made in aid of the purchase of the site, or of the erection, enlargement, or repair of the School, or of the residence of the master or mistress thereof, or of the furnishing of the School,
such terms and conditions shall be binding and obligatory upon the trustees or managers of the said School, or other the premises, for the time being, in like manner and to the like effect as though they had been inserted in the conveyance of the site of the said School, or in the declaration of the trusts thereof, and henceforth all personal obligations entered into for the purpose of securing the fulfilment of such terms and conditions shall, so far as they relate thereto, but no further, be null and void: Provided nevertheless, that such terms and conditions shall have been or shall be set forth in some document in writing, signed by the trustees of the said School, or the major part of them, or by the party or parties conveying the site, in the case where there shall have been a voluntary gift thereof.
II. And whereas there are many endowments for the purpose of Education of the Poor in Great Britain of ancient date, the Schools whereon have become dilapidated, and the funds of such endowment being insufficient for the restoration thereof, application is made by the trustees, or by the persons acting in the discharge of the trusts thereof, for aid out of the said Parliamentary Grant, but the same hath been declined, because such applicants could not impose upon their lawful successors in the said trust the conditions which the said committee would have advised Her Majesty to require to secure the due inspection of such Schools, and it is expedient to enable them to do so : Be it therefore enacted, That where the major part of the trustees of any endowed School for the Education of the Poor duly appointed under the terms of the deed of endowment, or when such deed cannot be found or cannot be acted upon, of the persons who shall be in the possession of the endowment, and shall be acting in the execution of the trusts or the reputed trusts thereof, shall, and in cases where there shall be a visitor of such School with the consent of such visitor in writing, apply for aid out of such Parliamentary Grant to enable them to rebuild, repair, or enlarge the School belonging to such endowment, or the residence of the master or mistress thereof, or to furnish such School, and shall in writing assent to the said School being open to inspection on behalf of Her Majesty and her successors, if the said committee shall deem fit to advise that any such grant shall be made, it shall immediately after the making of such grant, and thenceforth from time to time, be lawful for any Inspector of Schools appointed by Her Majesty and her successors, in conformity with the terms contained in the writing testifying such consent as aforesaid, to enter the said School at all reasonable hours in the day for the purpose of inspecting and examining the state and condition of the School and the scholars thereat, and of making such report thereon as he shall deem fit.
I'L dal viereas by a fa passei in the fifth year of the reign of Her presesc Majesty, inc.cried 4r det to afford further Facilities for the Cmeryones out Endowment of Sites for Schools, it is enacted, saat any person being seised in fee simple, fee tai, or for life, of and in any muner, er laats of freehce cochoid, or eustomary tenure, may grza, coaves, o echizachise, and subject to the provisions therein mentioned, azy çezascity sot esceeding cae acre of land as a site for a Seheci o echervise, is thereiz ikewise specifed ; and it is desirable to prevent any such grans, be ag of se limited an interest, from being defeated by the death of the granter: Be is enacted, That where any deed sbal bare beea or scaz be executed under the powers and for the purposes
cataired in the said det, without any valuable consideration, the same shall be and continue valid, if otherwise lawful, although the donor or grantor shall die within twelre calendar months from the execution thereof
IV. And whereas it was provided be the said let that grants of land or buildings or any interest therein, for the purposes of the education of poor persons might be made to the minister of any parish, being a corporation, and the church wardens or chapel wardens and overseers of the poor and their successors, and it is sometimes found inexpedient or impracticable to introduce the orerseers as parties to the legal estate: Be is therefore enacted. That such grants may be made to the minister and churchwardens of any perish, such minister being the rector, vicar, or perpetual curate thereof, whether endowed or not, to hold to them and their successors, subject to the provisions contained in the deed of conveyance thereof for the mauagement, direction, and juspection of the School and premises.
V. And be it enacted, That if the rector, vicar, or perpetual curate of any parish shall be desirous of making a grant of any land for the purposes and under the powers of the said Act, being part of the glebe or other possessions of his benefice, and shall, with the consent of the patrou of the said benefice, and of the bishop of the diocese within which the same shall be situated, grant the same to the minister and church or chapel wardens, or to the minister, church or chapel wardens, and overseers of the poor of the said parish, such grant shall be valid, and shall thenceforth enure for the purposes of the trust set forth thereir otherwise lawful, notwithstanding such minister is the party the grant. VI. And be it enacted, That this Act "
altered by Act in this Session of Parliament.
CONVEYANCE OF A SITE OR BUILDINGS FOR A NATIONAL SCHOOL.
I, A. B. of
under the authority of an Act passed in the 5th year of the reign of Her Majesty Queen Victoria, entitled “ An Act to afford further Facilities for the Conveyance and Endowment of Sites for Schools," and of the Act of the 8th year of the reign of her present Majesty explaining the same, do hereby, [freely and voluntarily, and without valuable consideration] or in consideration of
pounds to me paid, grant and convey unto the minister, churchwardens, and overseers of the poor of the parish of
or unto the minister and churchwardens of the parish of
or any other corporation or corporations, and their successors,) all* (which said premises are delineated in the map drawn in the margin hereof,)t together with all easements, appurtenances and hereditaments, corporeal and incorporeal, belonging thereto or connected therewith; and all my estate, right, title, and interest in or to the same premises ; to hold the same unto and to the use of the said minister, churchwardens, and overseers of the poor, (or said minister and churchwardens, or corporation or corporations, and their successors,) for the purposes of the said Act; and upon trust, to permit the said premises, and all buildings thereon erected or to be erected, to be for ever. hereafter appropriated and used as and for a school for the education of children and adults, or children only, of the labouring, manufacturing, and other poorer classes in the parish of aforesaid, [and as a residence for the schoolmaster,] and for no other purpose; which said school shall always be in union with and conducted upon the principles and in furtherance of the ends and designs of the incorporated National Society for promoting the Education of the Poor in the Principles of the Established Church, [and shall be under the general management and control of the committee for the time being of the subscribers to the said school,] and shall be at all times open to the inspection of the Inspector or Inspectors for the time being, appointed or to be appointed in conformity with the Order in Council bearing date the 10th day of August, 1840.
And I do hereby, for myself, my heirs, executors, and administrators, covenant with the said
or the said rector, churchwardens, and overseers, or minister and churchwardens, or the said corporation or corporations, and their successors, that notwith
ñ any act or default of me, or of any of my ancestors, I have good
ire the said premises to the said rector, church wardens, 'S, or minister and churchwardens, or corporation or ind their successors, in manner aforesaid ; and that es shall at all times hereafter be held and enjoyed
id in manner aforesaid, without interruption from,
verbal description of the property to be conveyed. recessary:
er district, as the case may require.