said, 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 assurance, 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.

XVII. 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 or removed, or shall have ceased to be master or mistress, and shall neglect or refuse to quit and 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 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 commissioners 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 grauted 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 Reginæ.

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.