Εικόνες σελίδας
PDF
Ηλεκτρ. έκδοση

+ Here

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 may be in- officiating minister aforesaid serted, if deemed ad- and of other persons the same to be visable, "such of the Church or Chapel Ward- nominated by the said minister with the consent of the Bishop ens for the time being of 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 nicants of the said said school to the amount of twenty shillings each at the least in every year and to be possessed of a beneficial interest to the the extent of a life estate at the least in real property situate in the said (parish) or (ecclesiastical district) or to be resident therein or in a parish or ecclesiastical district adjoining § It may be considered thereto § And any vacancy which shall occur in the number desirable to adopt of the persons last mentioned from death resignation incatution for the School, pacity or otherwise shall be filled up by the election of a when duly qualified 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 conprinted in Italic may be tributors during the year current at the time of the election

the said parish or Eccle

be members or commu

Church."

Omit members or communicants, case may require.

as

purely parochial consti

In that case, the words

omitted.

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 however that no person shall be entitled to give more than six votes in respect of any sum so contributed Provided also sary, Insert, when neces- that no ¶ serve appointment to

Or 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

or the other Form of Declarathe case may

communicant of the Church of England "** Provided also ** Omit one
that no default of election nor any vacancy shall prevent the tion, as
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
he 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 res-
pectively and the Bishop may enquire concerning and deter-
mine 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 afore-
said 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 aforesaid 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

VICTORIE REGINE.

CAP. XLIX.

An Act to extend and explain the Provisions of the Act for the granting 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 Lease conveyed, 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 Rethereof, or either of such Payments, may be apportioned between the 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.

newal of Lease,

may be appor

tioned.

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 Remethe 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

dies of Landlords, as to the lands not

The same Person

Sites for Schools

if the whole Ex

certain Limits.

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.

III. And whereas by the said first-recited Act Power is given may grant several 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

by Owners or Te

valid, although

Grantor die

within Twelve Months.

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 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

« ΠροηγούμενηΣυνέχεια »