페이지 이미지
PDF
ePub

same parish; and doubts have been entertained as to the meaning of this last-recited proviso: Be it therefore declared and enacted, that nothing in the said Act contained shall prevent any person or corporation from granting any number of sites for separate and distinct schools in the same parish, provided the aggregate quantity of land granted by such person in the same parish shall not exceed the extent of one acre.

Grants of Land for Sites of Schools by Owners or Tenants in tail to be valid, although Grantor die within Twelve Months.

IV. And whereas it would be expedient that the absolute owners of land and tenants in tail in possession should have the power of granting land to a limited extent for the purpose of erecting sites for schools to be applied and used in and for the education and instruction of persons intended to be masters or mistresses of elementary schools for poor persons, without any risk of such grant being defeated by the death of the grantor: Be it therefore enacted, that it shall be lawful for all persons, being such absolute owners or tenants in tail in possession as aforesaid, to grant, convey, or enfranchise, by way of gift, sale, or exchange, any quantity of land not exceeding in the whole five acres, to any corporation sole or aggregate, or to several corporations sole, or to any trustees whatsoever, to be held, applied, and used by such corporation or corporations or trustees in and for the erection of school buildings and premises thereon for the purpose of educating and instructing, and of boarding during the time of such education and instruction, persons intended to be masters or mistresses of elementary schools for poor persons, and for the residence of the principal or master or mistress and other officers of such institution; and such gift, sale, or exchange shall be and continue valid, if otherwise lawful, although the donor or grantor shall die within twelve calendar months from the execution thereof: Provided always, that it shall be lawful for the trustees of such school buildings and premises to allow the same to be applied and used, concurrently with the education and instruction of such masters or mistresses, for the purpose of boarding other persons, and of educating and instructing the said persons in religious and useful knowledge.

The Owners of Land empowered to vest any Quantity of Land for Purposes of these Acts in Corporations.

V. And whereas the absolute owners of land may grant, subject to the regulations and provisions prescribed by the statutes in such behalf, any quantity of such land to trustees, to be held upon charitable purposes; and it would be beneficial that they should be authorized to exercise such power in respect of lands granted for the sites or for the endowment of the lastmentioned schools, or of schools for poor persons, by vesting the same so as to secure it permanently for the purpose of the trust, without the necessity of subsequent renewals of the deeds

of trust be it therefore enacted, that where any such person shall be lawfully entitled to convey an estate in land to trustees, to hold the same upon any charitable use, and shall be desirous of conveying the same for the purposes of the Acts herein before referred to, or this Act, or for the endowment of such schools, such person may grant and convey the same to any corporation or corporations as aforesaid, to be held in trust for such purposes, whatever may be the quantity of land or extent of the estate so to be granted and conveyed.

Mode of conveying the Lord's Interest and that of the

Copyholder in Copyhold Land.

VI. And be it enacted, that where land of copyhold or customary tenure shall have been or shall be granted for the purposes of the said Acts, the conveyance of the same by any deed wherein the copyholder shall grant and convey his interest, and the lord shall also grant his interest, shall be deemed to be valid and sufficient to vest the freehold interest in the grantee or grantees thereof without any surrender or admittance or enrolment in the lord's court.

Interpretation Clause.

VII. And be it enacted, that, except in cases where there shall be something in the subject or context repugnant to such construction, words occurring in this Act and the above-recited Acts importing the singular number shall include the plural number, and words importing the plural number shall include the singular number; and words importing the masculine gender only shall include females; and the word "land" shall include messuages, houses, lands, tenements, hereditaments, and heritages of every tenure; and the word "lease" shall include an underlease, agreement for a lease, and missive of lease; and the word "owner" shall include any person or corporation enabled under the provisions of the said firstly hereinbefore mentioned Act to convey lands for the puposes thereof.

Act may be amended, etc.

VIII. And be it enacted, that this Act may be amended or repealed by any Act to be passed in this present session of Parliament.

14 & 15 VICT. CAP. 24.

AN ACT TO AMEND THE ACTS FOR THE GRANTING OF SITES [24th July, 1851.]

FOR SCHOOLS.

WHEREAS by the Statute fourth and fifth Victoria, chapter thirty-eight, power is given to divers persons therein mentioned

to grant, convey, and enfranchise a certain portion of land for the purpose of a site for a school for the education of poor persons, or for the residence of a schoolmaster or schoolmistress, or otherwise for the education of poor persons in religious and useful knowledge, and provisions are contained therein for facilitating the conveyance of such sites and perpetuating the trusts of the deeds: and whereas the persons therein mentioned having been authorized to grant any number of sites for distinct and separate schools, and residences for the master or mistress thereof, it is provided that the site of each school and residence should not exceed the extent of one acre, and it is also provided that not more than one such site should be in the same parish: and whereas by the twelfth and thirteenth Victoria, chapter fortynine, it is declared and enacted, that nothing in the last-recited Act contained should prevent any person or corporation from granting any number of sites for separate and distinct schools in the same parish, provided the aggregate quantity of land granted by such person in the same parish should not exceed the extent of one acre and whereas by reason of the great extent of some parishes, wherein the population is very large, this limitation is found to be productive of inconvenience, and to prevent the extension of the education of the poor; and it is desirable to make further provision in this behalf: 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, as follows:

The Word Parish in the 4 & 5 Vict. c. 38, s. 9, and 12 & 13 Vict. c. 49, s. 3, to signify an Ecclesiastical District in any divided Parish.

I. The word parish in the sections of the Statutes herein referred to shall, in the case of any parish which has heretofore been or shall hereafter be divided by lawful authority into two or more ecclesiastical districts, whether confined to such parish, or comprising also any part of another parish, be construed with reference to such parish to signify each such ecclesiastical district.

Incorporation of this Act with recited Acts.

II. This Act shall be construed as and be deemed to be a part of the said recited Acts, except so far as it amends the

same.

G*

II. THE METROPOLIS MANAGEMENT ACTS,

1855, 1862.1

Incorporated Sections.

18 & 19 VICT. CAP. 120.

AN ACT FOR THE BETTER LOCAL MANAGEMENT OF THE METROPOLIS.

[14th August, 1855.]

Churchwardens to appoint Persons to preside at Ward Elections.

XIV. Where any parish is divided into wards, the churchwardens, three clear days at least before the day of election, shall appoint in writing under their hands a person to preside at such election as aforesaid in each of the said wards, except any ward in which one of the churchwardens shall preside, and notify such appointment to the vestry clerk of the parish.

Rate Collectors to assist at the Elections.

XV. The rate collectors, or persons appointed by them, shall attend the churchwardens and persons presiding at elections under this Act, and inspectors of votes, to assist in ascertaining that the persons presenting themselves to vote are parishioners rated to the relief of the poor in the parish, or the respective wards thereof, and duly qualified to vote at the election.

Form of proceeding at Elections.

XVI. On the day of election of vestrymen and auditors in any parish under this Act the parishioners then rated to the relief of the poor in the parish, or, where the parish is divided into wards under this Act, in the ward thereof for which the election is holden, and who are desirous of voting, shall meet at the place appointed for such election, and shall then and there nominate two ratepayers of the parish, or if the parish be divided into wards) of the ward for which the election is holden, as fit and proper persons to be inspectors of votes ;

And the churchwardens, or, in the case of a ward election, such one of the churchwardens as is present thereat, or, where one of the churchwardens is not present, the person appointed

The incorporated provisions of these Acts are only applicable to the first election of a school board for London, so far as they have not been modified by the Orders of the Education Department, pp. 168, 171.

by them to preside thereat shall, immediately after such nomination as aforesaid by the parishioners, nominate two other such ratepayers to be such inspectors;

And after such nominations the said parishioners shall elect such persons duly qualified as may be there proposed for the offices of vestrymen and auditors or auditor;

And the chairman at such meeting shall declare the names of the parishioners who have been elected by a majority of votes at such meeting:

Provided nevertheless, that no person shall be entitled to join or vote in any such election for any parish, or any ward of any parish, or be deemed a ratepayer thereof, or be entitled to do any act as such under this Act, unless he have been rated in such parish to the relief of the poor for one year next before the election, and have paid all parochial rates, taxes, and assessments due from him at the time of so voting or acting, except such as have been made or become due within six months immediately preceding such voting or acting.

Power to demand a Poll, which shall be taken by Ballot.

XVII. Provided always, that any five ratepayers may then and there, in writing or otherwise, demand a poll, which shall be taken by ballot on the day next following, and shall commence at eight of the clock in the forenoon and close at such hour as hereinafter mentioned;

That is to say, at six of the clock in the afternoon in the case of any election to be holden in November, One thousand eight hundred and fifty-five, and at eight of the clock in the afternoon in all other cases;

Each ratepayer depositing as hereinafter provided two folded papers, one of which papers shall contain the names of the persons for whom such parishioner may vote as fit and proper to be members of the vestry, and the other shall contain the names or name of the persons or person for whom such parishioner may vote as fit and proper to be auditors or auditor of accounts;

And each ratepayer shall have one vote and no more for the members of the vestry, and one vote and no more for the auditors or auditor of accounts to be chosen in the said parish or ward.

Duty of Inspectors of Votes.

XVIII. The persons voting shall deposit such folded papers in two separate sets of balloting glasses or boxes, one set for voting papers for members of vestry, and another set for the voting papers for auditors or an auditor;

And the said balloting glasses or boxes shall be closed at the time herein before fixed for the closing of the poll;

And the inspectors for the parish or ward (as the case may be) shall forthwith meet together, and proceed to examine the said votes, and if necessary shall continue the examination by

« 이전계속 »