FOURTH SCHEDULE.

Acts Repealed.

Short Title.

Extent of Repeal.

Session and Chapter.

30 & 31 Vict., c. 146 The Workshop Regu- Sections fourteen and fifteen.

lation Act, 1867.

33 & 34 Vict., c. 75 The Elementary Edu

cation Act, 1870.

Section twenty-five, so much of section seventy-four and of any bye-law made thereunder as is affected by the repeal of section twentyfive, and the rule numbered fifteen in the first part of the second schedule, and the rule numbered six in the third part of the second schedule.

36 & 37 Vict., c. 67 The Agricultural Chil- The whole Act. dren Act, 1873.

36 & 37 Vict., c. 86 The Elementary Edu- Section three. cation Act, 1873.

37 & 38 Vict., c. 88 The Births and Deaths Section twenty-nine.

Registration
1874.

Act,

APPENDIX.

SCHOOL SITES ACTS, 1841-1851.

THE SCHOOL SITES ACT, 1841.

4 & 5 VICT., Cap. 38.

AN ACT TO AFFORD FURTHER FACILITIES FOR THE CONVEYANCE AND ENDOWMENT OF SITES FOR SCHOOLS.

[21st June, 1841.]

Repeal of 6 & 7 Will. iv, c. 70; but things done under it declared valid, and those commenced to be continued under this Act.

WHEREAS it is expedient that greater facilities should be given for the erection of schools and buildings for the purposes of education: May it therefore please your Majesty that it may be enacted; and be it 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 from and after the passing of this Act an Act passed in the session held in the sixth and seventh years of the reign of His late Majesty King William the Fourth, intituled "An Act to facilitate the Conveyance of Sites for Schoolrooms," shall be and the same is hereby repealed; provided that all matters and things done in pursuance of the said Act shall be and remain valid as though the said Act was not repealed; and all matters and things commenced in pursuance of the said Act shall be continued according to the provisions of this Act, if the same shall be applicable, otherwise shall be continued conformably to the said recited Act which shall be deemed to be still in force with regard to such proceedings.

Landlords empowered to convey Land to be used as Sites for Schools, &c. II. And be it enacted, that any person being seised in fee simple, fee tail, or for life, of and in any manor or lands of freehold, copyhold, or customary tenure, and having the beneficial interest therein, or in Scotland being the proprietor in fee simple or under entail, and in possession for the time being, may grant, convey, or enfranchise by way of gift, sale, or exchange, in fee simple or for a term of years, any quantity not exceeding one acre of such land, as a site for a school for the education of poor persons, or for the

residence of the schoolmaster or schoolmistress, or otherwise for the purposes of the education of such poor persons in religious and useful knowledge; provided that no such grant made by any person seised only for life of and in any such manor or lands shall be valid, unless the person next entitled to the same in remainder in fee simple or fee tail (if legally competent) shall be a party to and join in such grant: Provided also, that where any portion of waste or commonable land shall be gratuitously conveyed by any lord or lady of a manor for any such purposes as aforesaid, the rights and interests of all persons in the said land shall be barred and divested by such conveyance: Provided also, that upon the said land so granted as aforesaid, or any part thereof, ceasing to be used for the purposes in this Act mentioned, the same shall thereupon immediately revert to and become a portion of the said estate held in fee simple or otherwise, or of any manor or land as aforesaid, as fully to all intents and purposes as if this Act had not been passed, anything herein contained to the contrary notwithstanding.'

Chancellor and Council of the Duchy of Lancaster empowered to grant Lands to the Trustees of any existing or intended School.-If Lands cease to be used for the Purposes of the Act, they shall revert.

III. And whereas it may be expedient and proper that the Chancellor and Council of Her Majesty's Duchy of Lancaster, on Her Majesty's behalf, should be authorised to grant, convey, or enfranchise, to or in favour of the trustee or trustees of any existing or intended school, lands and hereditaments belonging to Her Majesty in right of Her said duchy, for the purposes of this Act: Be it therefore enacted, that it shall and may be lawful for the Chancellor and Council of Her Majesty's Duchy of Lancaster for the time

1 See also 7 & 8 Vict., c. 37, s. 3, post. The "Places of Worship Sites Act, 1873," contains a somewhat similar provision. It enacts that any person seised of or entitled in fee simple, fee tail, or for life, to any lands of freehold tenure and having the beneficial interest therein, and being in possession, may grant any quantity not exceeding one acre of such land, not being part of a demesne or pleasure ground attached to a mansion-house, as a site for a church, provided that no such grant made by any person seised or entitled only for life shall be valid, unless the person next entitled to the same for a beneficial interest in remainder in fee simple or fee tail, if legally competent, shall be a party to the grant, or if such person be a minor, or married woman, or lunatic, unless the guardian, husband, or committee shall in like manner concur. In Re the Marquis of Salisbury (34 L. T., N. 8., 5), which came before the Master of the Rolls on the 1st of July, 1875, it appeared that the Marquis of Salisbury proposed to give a site for a church at Everton, and the question was raised between him and the Ecclesiastical Commissioners, the proposed grantees of the site, whether the word "guardian" in this Act referred to a guardian by nature or a guardian by appointment of the Lord Chancellor, the Marquis being tenant for life in possession of the site, and Viscount Cranbourn, the tenant in tail in remainder, being a minor. The Master of the Rolls held that guardian by nature was not intended. The site, he said, could not be conveyed without the concurrence of a guardian, yet, so far as he could see, no guardian could be appointed, for the Court had no jurisdiction to appoint a guardian of an infant unless there was present property to be taken care of; and this infant's interest in the site was in remainder only. This decision was, however, on appeal reversed.

being, by any deed or writing under the hand and seal of the Chancellor of the said duchy for the time being, attested by the clerk of the Council of the said duchy for the time being, for and in the name of Her Majesty, Her heirs and successors, to grant, convey, or enfranchise, to or in favour of such trustee or trustees, any lands and hereditaments to be used by them for the purposes of this Act, upon such terms and conditions as to the said Chancellor and Council shall seem meet; and where any sum or sums of money shall be paid as or for the purchase or consideration for such lands or hereditaments so to be granted, conveyed or enfranchised as aforesaid, the same shall be paid by such trustee or trustees into the hands of the ReceiverGeneral for the time being of the said duchy, or his deputy, and shall be by him paid, applied, and disposed of according to the provisions and regulations contained in an Act passed in the forty-eighth year of the reign of His late Majesty King George the Third, intituled "An Act to improve the Land Revenue of the Crown in England, and also of His Majesty's Duchy of Lancaster," or any other Act or Acts now in force for that purpose: Provided always, that upon the said land so granted as aforesaid, or any part thereof, ceasing to be used for the purposes in this Act mentioned, the same shall thereupon immediately revert to and become again a portion of the possessions of the said duchy, as fully to all intents and purposes as if this Act or any such grant as aforesaid had not been passed or made, anything herein contained to the contrary notwithstanding.

Officers of the Duchy of Cornwall empowered, upon sufficient Authority, to grant Lands to the Trustees of any existing or intended School.-If Lands cease to be used for the Purposes of the Act, they shall revert.

IV. And be it enacted, that for the purposes of this Act only, and for such time only as the same shall be used for the purposes of this Act, it shall be lawful for any two of the principal officers of the Duchy of Cornwall, under the authority of a warrant issued for that purpose under the hands of any three or more of the Special Commissioners for the time being for managing the affairs of the Duchy of Cornwall, or under the hands of any three or more of the persons who may hereafter for the time being have the immediate management of the said duchy, if the said duchy shall be then vested in the Crown, or if the said duchy shall then be vested in a Duke of Cornwall then under the hand of the Chancellor for the time being of the said duchy, or under the hands of any three or more of the persons for the time being having the immediate management of the said duchy, by deed under their hands, to grant and convey to the trustees or trustee for the time being of any existing school, or of any school intended to be established by virtue of this Act, any lands, tenements, or hereditaments forming part of the possessions of the said Duchy of Cornwall, not exceeding in the whole one acre in any one parish, upon such terms and conditions as to the said Special Commissioners or Chancellor, or such other persons as aforesaid, shall seem meet: Provided always, that upon the said land so granted as aforesaid, or any part thereof, ceasing to be used for the purposes in this Act mentioned, the same shall thereupon immediately revert to and become again

a portion of the possessions of the said duchy, as fully to all intents and purposes as if this Act or any such grant as aforesaid had not been passed or made, anything herein contained to the contrary notwithstanding.

Persons under Disability empowered to convey Lands for the Purposes of this Act.

V. And be it enacted, that where any person shall be equitably entitled to any manor or land, but the legal estate therein shall be in some trustee or trustees, it shall be sufficient for such person to convey the same for the purposes of this Act without the trustee or trustees being party to the conveyance thereof; and where any married woman shall be seised or possessed of or entitled to any estate or interest, manorial or otherwise, in land proposed to be conveyed for the purposes of this Act, she and her husband may convey the same for such purposes by deed, without any acknowledgment thereof; and where it is deemed expedient to purchase any land for the purposes aforesaid belonging to or vested in any infant or lunatic, such land may be conveyed by the guardian or committee of such infant, or the committee of such lunatic respectively, who may receive the purchase money for the same, and give valid and sufficient discharges to the party paying such purchase money, who shall not be required to see to the application thereof.

Corporations, Justices, Trustees, &c., empowered to convey Lands for the Purposes of this Act.

VI. And be it enacted, that it shall be lawful for any corporation, ecclesiastical or lay, whether sole or aggregate, and for any officers, justices of the peace, trustees or commissioners, holding land for public, ecclesiastical, parochial, charitable, or other purposes or objects, subject to the provisions next hereinafter mentioned, to grant, convey, or enfranchise, for the purposes of this Act, such quantity of land as aforesaid in any manner vested in such corporation, officers, justices, trustees, or commissioners: Provided always, that no ecclesiastical corporation sole, being below the dignity of a bishop, shall be authorised to make such grant without the consent in writing of the bishop of the diocese to whose jurisdiction the said ecclesiastical corporation is subject: Provided also, that no parochial property shall be granted for such purposes without the consent of a majority of the ratepayers and owners of property in the parish to which the same belongs, assembled at a meeting to be convened according to the mode pointed out in the Act passed in the sixth year of the reign of His late Majesty, intituled "An Act to facilitate the Conveyance of Workhouses and other Property of Parishes and of Incorporations or Unions of Parishes in England and Wales," and without the consent of the Poor Law Commissioners, to be testified by their seal being affixed to the deed of conveyance, and of the guardians of the poor of the union within which the said parish may be comprised, or of the guardians of the poor of the said parish where the administration of the relief of the poor therein shall be subject to a board of guardians, testified by such guardians being the parties to convey the same: Provided also, that where any officers,