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SITES FOR SCHOOLROOMS ACT 1836
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CAP. LXX.
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An Act to facilitate the Conveyance of Sites for School Rooms. [13th August 1836.]
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Lords of Manors may convey any Part of Commons or Wastes as Sites for Poor Schools.
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‘WHEREAS it is expedient to promote the Education of poor Children in the Principles of true Religion and useful Knowledge, and to afford additional Facilities for the Erection of School Rooms to be used for that Purpose:’ Be it enacted by the King’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 it shall be lawful for the Lord or Lady of any Manor, whether seised in Fee Simple, Fee Tail, or for Life, or being a Corporation Aggregate or Sole, or a Feme Covert (with the Consent of her Husband), or a Minor (with the Consent of his or her Guardian or Guardians), or an Idiot or Lunatic (by his or her Committee or Committees), to convey to the Incumbent and Churchwardens of any Parish in which a School for the Education of poor Children is intended to be erected, or to the Trustees of any such School in any Parish or Extra-parochial Place, so much of the Common or Waste Grounds in any such Parish or Extra-parochial Place as may be required for the Site of such School, and of a House or Houses for the Master or Mistress of such School; and the Conveyance of such Part of the Common or Waste Grounds by the Lord or Lady of the Manor wherein the same shall be situate shall be a good and sufficient Conveyance for the Purpose of vesting the Fee Simple and Inheritance thereof in the Parties to whom the same shall be conveyed, for the Purpose herein-before specified as fully and effectually as if every Person having Right of Common upon such Common or Waste Grounds had joined in and executed such Conveyance.
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All Persons, including those incapacitated by Law, may convey Land for Poor Schools.
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II. And be it further enacted, That it shall be lawful for all Persons being seised in Fee Simple, Fee Tail, or for Life, Femes Covert (with the Consent of their Husbands), Minors (with the Consent of their Guardians), and Idiots or Lunatics (by their Committees), to convey any Portion of Land of which they may respectively be seised, including Copyhold Land, if the Lord or Lady of the Manor shall consent thereto, in the same Manner, to the same Persons, and for the same Purpose as herein-before authorized with respect to Common or Waste Ground.
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Ecclesiastical Bodies Corporate or Sole, may convey any Portion of their Lands as Sites for Poor Schools, &c.
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III. And be it further enacted, That it shall be lawful for any Spiritual or Ecclesiastical Body Corporate, or Spiritual Person being a Corporation Sole, to convey any Portion of Land belonging to any such Body Corporate, or belonging to any such Spiritual Person in the Capacity of a Corporation Sole in respect of any Ecclesiastical Preferment held by him, to the Incorporated National Society for promoting the Education of the Poor in the Principles of the Established Church, or to the Minister and Churchwardens for the Time being of the Parish wherein such Land shall be situate, or to any, Trustees to be named by the Bishop of the Diocese, for the Purpose of erecting thereon a School Room or School Rooms to be used for the Education of poor Children in the Principles of the Christian Religion, according to the Doctrines and Discipline of the United Church of England and Ireland, and also, where it may be required, for the Purpose of erecting thereon a House or Houses for the Master and Mistress of such Schools: Provided always, that in case of any Spiritual Person being a Corporation Sole, the Consent of the Bishop of the Diocese shall be testified by his being a Party to the Conveyance of such Land; and all Conveyances made by virtue and according to the Provisions of this Act shall be valid and effectual in Law to all Intents and Purposes for vesting the Fee Simple and Inheritance of the Land conveyed thereby in the Parties to whom the same shall be conveyed for the Purpose herein-before specified.
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Provision for School Rooms built before passing of this Act.
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IV. And be it further enacted, That in any Case where before the passing of this Act a School Room or House for a School Master or Mistress shall have been built upon Common or Waste Land of a Manor, the Lord or Lady of which was not enabled by Law to make a valid and effectual Conveyance thereof, or on Land belonging to any Person or Persons or Corporation not enabled by Law to make a valid and effectual Conveyance thereof, such Person or Persons or Corporation shall have, with respect to the Site of such School Room and House, all the Powers which are by this Act given with respect to the Conveyance of Sites upon which School Rooms or Houses are intended to be built, subject in every Case to the Provisions in this Act contained as to the Consent of the Bishop of the Diocese to the Conveyance by a Spiritual Person being a Corporation Sole.
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Conveyances may be made either for a valuable Consideration or as a free Gift.
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V. And be it further enacted, That all Conveyances by this Act authorized to be made shall be by Bargain and Sale enrolled, and may be so made either for a valuable Consideration or as a free Gift; and that if any Money shall be paid to a Spiritual Person, being a Corporation Sole, the same shall be applied and disposed of for the Benefit of such Spiritual Person and his Successors, in such Manner as the Bishop in whose Diocese the Land so conveyed shall be situated shall, by Writing under his Hand to be registered in the Registry of his Diocese, direct and appoint.
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Land to be conveyed not to exceed in Quantity. Half an Acre.
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VI. Provided always nevertheless, and be it further enacted, That it shall not be lawful for any Person or Persons, Corporation or Corporations, by virtue of this Act to convey any Common or Waste Ground being Part of a Manor, or any other Land or Ground, for the Site of any School and House or Houses for the Master or Mistress thereof, which shall exceed in Quantity One Half of a Statute Acre; and that the Quantity and Value thereof to be conveyed in every Case shall be ascertained immediately previous to such Conveyance by a Land Surveyor, to be appointed, in case the said Land or Ground shall belong to any Spiritual or Ecclesiastical Body or Person, by the Bishop of the Diocese in which the Land shall be situated, by an Instrument under his Hand ; and that the said Instrument and the Report of the Survey and Valuation by such Surveyor (such Report being verified by the Declaration of the said Surveyor before a Justice of the Peace, and in case the said Land or Ground shall belong to any Spiritual or Ecclesiastical Body or Person, signed by the Bishop in Testimony of his Approbation thereof), shall be annexed to the Deed of Conveyance.
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