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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 authorised to exercise such power in respect of lands granted for the sites or for the endowment of the last-mentioned 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 lands to trustees, to hold the same upon any charitable use, and shall be desirous of conveying the same for the purposes of the Acts hereinbefore 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 under-lease, 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 purposes thereof.

Act may be amended, &c.

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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.

THE SCHOOL SITES ACT, 1851.

14 & 15 VICT., C. 24.

AN ACT TO AMEND THE ACTS FOR THE GRANTING OF
SITES FOR SCHOOLS.

[24th July, 1851.]

WHEREAS by the statute fourth and fifth Victoria, chapter thirtyeight, 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 authorised 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 forty-nine, 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 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.

THE COMMISSIONERS CLAUSES ACT, 1847. (1)

IO VICT. C. 16.

AN ACT FOR CONSOLIDATING IN ONE ACT CERTAIN PROVISIONS USUALLY CONTAINED IN ACTS WITH RESPECT TO THE ConSTITUTION AND REGULATION OF BODIES OF COMMISSIONERS APPOINTED FOR CARRYING ON UNDERTAKINGS OF A PUBLIC NATURE.

AND with respect to the mortgages to be executed by the Commissioners, be it enacted as follows:

Form of Mortgages.

LXXV. Every mortgage or assignation in security of rates or other property authorised to be made under the provisions of this or the special Act shall be by deed duly stamped, in which the consideration shall be truly stated; and every such deed shall be under the common seal of the Commissioners if they be a body corporate, or if they be not a body corporate shall be executed by the Commissioners or any five of them, and may be according to the form in the Schedule (B) to this Act annexed or to the like effect; and the respective mortgagees or assignees in security shall be entitled one with another to their respective proportions of the rates and assessments or other property comprised in such mortgages or assignations respectively, according to the respective sums in such mortgages or assignations mentioned to be advanced by such mortgagees or assignees respectively, and to be repaid the sums so advanced with interest, without any preference one above another by reason of the priority of advancing such moneys, or of the dates of any such mortgages or assignations respectively.

Register of Mortgages to be kept and to be open to Inspection.

LXXVI. A register of mortgages or assignations in security shall be kept by the clerk to the Commissioners, and where by the special Act the Commissioners are authorised or required to

(1) These provisions are made applicable to loans by school boards by sec. 10 of the Elementary Education Act, 1873, see p. 234.

raise separate sums on separate rates or other property, a separate register shall be kept for each class of mortgages or assignations in security, and within fourteen days after the date of any mortgage of assignation in security an entry or memorial of the number and date thereof, and of the names of the parties thereto, with their proper actions, shall be made in the proper register: and every such register may be perased at all reasonable times by any person interested in any such mortgage or assignation in security without fee or reward

Transfirs of Mortgages.

1XXVII. Ary person entitled to any such mortgage or Assignation may transfer his right and interest therein to any other person; and every such transfer shall be by deed duly stamp, wherein the consideration shall be truly stated; and every such transter may be according to the form in the Schedule (C) to this Act annexed, or to the like effect.

Register of Transfers to be kept.

LXXVIII. Within thirty days after the date of every such transfer, if executed within the United Kingdom, or otherwise within thirty days after the arrival thereof in the United Kingdom, it shall be produced to the clerk to the Commissioners, and thereupon such clerk shall cause an entry or memorial thereof to be made, in the same manner as in the case of the original mortgage or assignation in security, and for such entry the clerk may demand a sum not exceeding five shillings; and after such entry every such transfer shall entitle the transferee, his executors, administrators, or assigns, to the full benefit of the original mortgage or assignation in security, and the principal and interest thereby secured; and such transferee may in like manner assign or transfer the same again, toties quoties; and it shall not be in the power of any person, except the person to whom the same shall have been last transferred, his executors, administrators, or assigns, to make void, release, or discharge the mortgage or assignation so transferred, or any money thereby secured.

Interest on Mortgages to be paid Half-yearly.

LXXIX. Unless otherwise provided by any mortgage or assignation in security, the interest of the money borrowed thereupon shall be paid half-yearly to the several parties entitled thereto.

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