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be members or communicants of the said Church."
dence of the religious and moral instruction of all the scholars attending the school But in all other respects the management direction control and government of the school and premises and of the funds and endowments thereof and the selection appointment and dismissal of the said schoolmaster and schoolmistress and their assistants (except when under the provisions hereinafter mentioned the dismissal of any master mistress or assistant shall be awarded by the Bishop of the diocese or the arbitrators as the case may be) shall on the happening of the event herein provided for be vested and
exercised in and by a Committee consisting of the principal Here, may be in. officiating minister aforesaid serted, if deemed al- and of
other persons the same to be visable, “ such Church or Chapel Ward- nominated by the said minister with the consent of the Bishop ens for the time being of the said parish or Eccle
in writing and to be || (members) or (communicants) of the siastical District as shall said Church of England and contributors to the funds of the
said school to the amount of twenty shillings each at the least | Omit members
in every year and to be possessed of a beneficial interest to communicants, as the the extent of a life estate at the least in real property situate case may require.
in the said (parish) or (ecclesiastical district) or to be resident
therein or in a parish or ecclesiastical district adjoining 9. It may be considered thereto § And any vacancy which shall occur in the number desirable adopt purely parochial consti
ti of the persons last mentioned from death resignation incatution for the School, pacity or otherwise shall be filled up by the election of a
July managers can be found person qualified as aforesaid And the power to elect the in the Parish or District. same shall be vested and exercised in and by such of the con. In that case, the words printed in Italic may be tributors during the year current at the time of the election
to the amount of ten shillings each at the least to the funds of the school being members of the said Church of England and qualified by residence or estate as the person to be elected as shall be present at the meeting duly convened for the purpose of the election or not being present thereat shall vote by any paper or papers sent on or before the day of such meeting to the chairman thereof and signed by any such contributor in which shall be named the person or persons whom such contributor shall desire to elect and each of the contributors qualified to vote shall be entitled at every such election to give one vote in respect of each such sum of ten shillings so how
ever that no person shall be entitled to give more than six ན
votes in respect of any sum so contributed Provided also sary, Insert, when neces- that no
appointment the office of Church
such election shall give or vest any right to or in any any 'hapel Warden, nor lay person to serve upon the said Committee or in any wise
to interfere with the management of the school and the funds and endowments thereof until after he shall have in the presence of the chairman at a meeting of the said Committee made and signed in a book to be kept at the said school a declaration in the manner and form following that is to say “I, A. B. do solemnly and sincerely declare that I am a member of the United Church of England and Ireland as by law established ” or “ I, A. B. do solemnly and sincerely declare that I am and have been for three years last past a
** Omit one
or the other Form of Declaration, as the case
communicant of the Church of England"** Provided also that no default of election nor any vacancy
the other members of the said Committee from acting until the require. vacancy shall be filled up And the said Committee shall annually select one of the members thereof to act as secretary who shall keep minutes of the proceedings at the meetings thereof in a book which shall be provided for the purpose and shall give due notice of all extraordinary meetings to each member of the said Committee And the minister shall be chairman of all meetings of the said Committee whereat be shall be present and at any meetings from which he shall be absent the members attending the same shall appoint one of their number to be chairman and all matters which shall be brought before any meetings shall be decided by the majority of votes of the members attending the same and voting on the question And if upon any matter there shall be an equality of votes the chairman shall have a second being the casting vote And in case any difference shall arise between the minister and the Committee of Management hereinbefore mentioned respecting the prayers to be used in the school not being the Sunday school or the religious instruction of the scholars attending the same or respecting any regulation connected therewith or the exclusion of any book the use of which in the said school may be objected to on religious grounds or the dismissal of any teacher from the said school on account of his or her defective or unsound instruction of the children in religion the minister or any member of the said Committee may cause a written statement of the matter in difference to be laid before the Bishop a copy thereof having been previously communicated to the said Committee or to the minister if they or he shall not have been parties or privy to the making of the statement respectively and the Bishop may enquire concerning and determine the matter in difference and the decision of the Bishop in writing under his hand thereon when laid before the said Committee shall be final and conclusive in the matter And the Committee of Management for the time being is hereby expressly required to take all such steps as may be necessary for immediately carrying the said decision into complete effect And in case any difference other than and except such difference as last described shall arise in the Committee of Management the minority thereof (being not fewer in number than one-third of the whole of the said Committee) may make request in writing to the Lord President of Her Majesty's Most Honorable Privy Council for the time being and to the Bishop of the diocese wherein the said school shall be situated, and thereupon the said Lord President may nominate one of the Inspectors of schools appointed as aforesaid to be an arbitrator in the matter in difference and the said Bishop may nominate one of the beneficed clergymen of the said diocese to be another arbitrator in the same matter And the arbitrators so nominated as aforesairl shall jointly
select one of Her Majesty's Justices of the Peace being a lay member of the said Church of England as another arbitrator And in case the two first mentioned arbitrators shall not jointly select such third arbitrator within the space of thirty days next ensuing their first meeting the Archbishop of the province within which the said school shall be situate and the said Lord President may jointly appoint a third arbitrator And the three arbitrators so nominated as aforesaid shall enquire concerning the last mentioned matter in difference and the award in writing under the hands of the said arbitrators or of any two of them when laid before the said Committee shall be final and conclusive in the matter. And the Committee of Management for the time being is hereby expressly required to take all such steps as may be necessary for immediately carrying the said award into complete effect. And it is hereby further declared that if the said Bishop or the said arbitrators upon any such reference as aforesaid shall direct or award that any master or mistress or teacher in the said school shall be dismissed such direction or award when a copy thereof shall have been served upon the said master mistress or teacher personally or by the same being left at his or her place of abode or at the school aforesaid addressed to the said master mistress or teacher as the case may require shall operate as a dismissal of the said master mistress or teacher so as to prevent him or her thenceforth from having any interest in his or her office or in the said school or premises under or by virtue of this deed and so as to disqualify him or her from holding thenceforth any right or interest under this deed by virtue of his or her previous or any future appointment And the said Committee may from time to time at a meeting to be held in the month of
in each year elect and appoint a Committee of not more than
ladies being members of the said Church of England to assist them in the visitation and management of the girls and infant schools which ladies Committee shall remain in office until the end of the current year,
ANNO DUODECIMO & DECIMO TERTIO
CAP. XLI X. An Act to extend and explain the Provisions of the Act for the yranting of Sites for Schools.
[28 July 1849.) WHEREAS by an Act passed in the Fifth Year of the Reign of Her Majesty Provisions are made for facilitating the Erection of Schools and Buildings for the Education of, poor Persons, which said Act hath been since explained and extended by an Act of the Eighth Year of the Reign of Her Majesty; and it is expedient that further Facilities should be afforded for the Conveyance of Lands for Sites for Schools in Cases where such Lands are comprised with other Lands in Leases, and that some Amendments should also be made in the said Acts : 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 if Part only of any Lands comprised in a Lease for a Term of Years unexpired shall be conveyed or agreed to be conveyed for the Purposes of Where part only the said firstly herein-before mentioned Act, the Rent-payable of Lands under
, in respect of the Lands comprised in such Lease, and any Fine the Rent, and certain or fixed Sum of Money to be paid upon any Renewals Fine upon Rea
newal of Lease, thereof, or either of such Payments, may be apportioned between may be apporthe Part of the said Lands so conveyed or agreed to be conveyed and the Residue thereof; and such Apportionment may be settled by Agreement between the Parties following, that is to say, the Lessor or other the Owner subject to such Lease of the Lands comprised therein, the Lessee or other the Party entitled thereto by virtue of such Lease or any Assignment thereof for the Residue of the Term thereby created, and the Party to whom such Conveyance as aforesaid for the purposes of the said firstly herein-before mentioned Act is made or agreed to be made; and when such Apportionment shall so be made it shall be binding on all Under-lessees and other Persons and Corporations whatsoever, whether Parties to the said Agreement or not.
II. And be it enacted, That in case of any such Apportionment as aforesaid, and after the Lands so conveyed or agreed to be conveyed as aforesaid shall have been conveyed, the Lessee, Liabilities of Teand all Parties entitled under him to the Lands comprised in nants, and Reme
, the Lease not included in such Conveyance, shall, as to all future accruing Rent, and of all future Fines certain or fixed conveyed. Sums of Money, to be paid upon Renewals, be liable only to so much of the Rent and of such Fines or Sums of Money
as to the lands not
as shall be apportioned in respect of such last-mentioned Lands; and the Party entitled to the Rent reserved by the Lease shall have all the same Rights and Remedies for the Recovery of such Portion of the Rent as last aforesaid as previously to such Apportionment he had for the Recovery of the whole Rent reserved by such Lease; and all the Covenants, Conditions, and Agreements of such Lease, except as to the Amount of Rent to be paid, and of Fines or Sums of Money to be paid upon Renewals, in case of any Apportionment of the same respectively, shall remain in force with regard to that Part of the Land comprised in the Lease which shall not be so conveyed as aforesaid, in the same Manner as they would have done in case such Part only of the Land had been included in the Lease.
The same Person
III. And whereas by the said first-recited Act Power is given Sites For Schools to any Person or Corporation to grant any Number of Sites for in the same Parish distinct and separate Schools; but after providing that the Site tent do not exceed of each School and Residence do not exceed One Acre, it is also
provided that not more than One such Site shall be in the same
Parish ; and Doubts have been entertained as to the Meaning of 4 & 5 Vict. c. 38. this last-recited Proviso: Be it therefore declared and enacted, $9.
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
Grantor die within Twelve
IV. And whereas it would be expedient that the absolute Owners for Sites of Schools of Land and Tenants in Tail in possession should have the Power nants in Tail to be of granting Land to a limited Extent for the Purpose of erecting valid, although
Sites for Schools to be applied and used in and for the Education
and Instruction of Persons intended to be Masters or Mistresses Months.
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