Imatges de pàgina
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Security to be

given for repaying money

advanced.

s. 20.

the consolidated fund of Ireland, to such persons as shall be so named for that purpose, either altogether or by such instalments as the lord lieutenant shall think proper: provided that no such sum, or any part thereof, shall be so advanced, until such person shall have given good security by recognizance, with 2 sureties, to the satisfaction of the lord chancellor, or the commissioners for executing the office of lord high treasurer, or any 3 of them, for the faithful expenditure of the same, according to particulars and an estimate mentioned in the said petition. And by s. 20. after the advance of any such sum out of Instalments to the consolidated fund, the yearly sum mentioned in such replace money advanced to be petition for the repayment of the same, shall be paid into paid to receiver the office of the receiver general of the duties of customs general. and excise in Dublin, until the whole of every sum so advanced shall be duly discharged; and all such money so received shall be made part of the consolidated fund of Ireland. Provided (s. 21.) that it shall be lawful for the Tenants may be commissioners under this act to order that any tenant or assigned for payment of in- tenants of any lands belonging to any such school, for which any sum shall be so advanced, together with the lands occupied by such tenant, &c. shall be assigned over to such person, &c. as shall be named by the lord high treasurer or commissioners for executing that office, or any 3 of them; and from thenceforth until such tenant, &c. and the lands so occupied by such tenant, shall be re-assigned, such tenant having received notice of such assignment, shall be bound to pay his rent to such person as if a regular attornment had been executed; and it shall be lawful for such person to recover any such rent by distress, ejectment or otherwise, as the person entitled to said rent might lawfully do; and every sum so received by such person, his reasonable costs being first deducted, shall by him be paid into the office of the receiver general.

S. 21.

stalments.

Attornment unnecessary.

$, 22.

sioners, with

This act (s. 22.) recites the statutes 12 Eliz. c. 1. Ir. The commissi 12 Geo. 1. c. 9. Ir. and 29 Geo. 2. c. 7. Ir. (respecting consent of lord free schools,) and that in several dioceses in Ireland such lieutenant, may schools are not now duly kept and maintained; and enacts, order free schools

of 2 or more that it shall be lawful for the commissioners under this act, where they shall deem it expedient, with the consent

dioceses to be consolidated.

of

s, 23.

schools so conso

ment of school

of the lord lieutenant, under hand and seal, to direct that any two or more adjoining dioceses shall be united into one district, and to direct that the free schools of such dioceses shall be consolidated into one free school, to be thenceforth kept in such place, within the said dioceses, as the commissioners, with such consent as aforesaid, shall by such warrant direct; and thereupon all salaries payable to the schoolmasters of the said several dioceses so united, shall be payable to the schoolmasters of such district only for his own sole use; and every such schoolmaster shall have the same right to said salaries, and the same remedies for enforcing the same, as the several schoolmasters would have had in case such union had not taken place. Provided (s. 23.) that if 2 or more dioceses shall be so united, the masters of the free schools Where free whereof are not appointed by the same person, then the lidated appointfirst appointment of a schoolmaster for such united district master how to be. shall be made by the person who, if such union had not taken place, would have the right of appointment in that diocese from whence the master of the school in such district shall derive the largest portion of his salary; and the second turn shall follow the portion of salary next in amount, and so on to the lowest; after which the same rotation shall take place again, and continue from thenceforth. By s. 24. it shall be lawful for the lord lieutenant, with the advice of the privy council, to appoint what pro- Lord lieutenant vision, stipend or salary, shall be paid to the schoolmaster appoint salaries of every diocesan or district school, and what portion of of schoolmaster such salary shall be raised in each diocess of any such district schools. districts where such district school shall be established; one third part of which money shall be levied on and paid by the said bishops in their respective dioceses, and the remaining two thirds shall be levied on, &c. the parsons, vicars, prebendaries, and other ecclesiastical persons, portions salaries by an equal contribution according to the values of their paid by bishops, respective benefices, to be from time to time ascertained by the bishop of every diocess, with the concurrence of the archbishop of the province. By s. 25. it shall be lawful for the bishop of every diocess in Ireland to appoint one collector, or more, to receive all money payable collect such sa

by

8. 24.

and council to

of diocesan or

In what pro

&c.

S. 25. Bishops to ap point agents to

laries, and to

Payment how enforced,

s. 26.

persons, tenants

in fee, &c. em. powered to convey 2 acres of ground as sciles

for diocesan or district schools.

allow poundage by such bishops, and other ecclesiastical persons, within on receipt. such diocess; and to pay to such agent any sum not exceeding Is. in the pound on all money collected by him, as such bishop shall think fit; and to take security from such agent for the due payment of all such money to the schoolmaster or scl:oolmasters of the school in such diocess or district, according to the provisions of the said recited acts and this act; and if any such parson or other ecclesiastical person shall, for 3 months after the sum payable by him shall be demanded by such collector, refuse or neglect to pay the same to such collector, it shall be lawful for the archbishop or bishop to sequester the profits of the benefice belonging to such parson, &c. until the same shall be levied and paid. By s. 26. it shall Ecclesiastical be lawful for every archbishop, bishop, dean and chapter, dean, dignitary, prebendary or rector of any parish, or for any tenant in fee simple, tenant in tail, or tenant for life with remainder in fee, or in tail general or special to his issue, or any of them, by deed to be inrolled in chancery in Ireland, to convey to said commissioners and their successors, for the use of any diocesan or district school, any piece of ground not exceeding 2 plantation acres, which may be chosen as aforesaid, for the scite of such school; and such piece of ground so set apart and conveyed shall from thenceforth be the scite of such school; and every piece of ground now held or used as the scite of any diocesan school, and which shall hereafter cease to be used as such, shall be vested in said commissioners, &c. who shall have power to demise the same for any term not exceeding 31 years, without fine, scites may be and for the best rent that can be reasonably got for the same, and to apply the rent thereof for the use of the school of such diocess or district, in such manner as they shall think proper, or to sell the fee or inheritance thereof, or such term or interest as shall be so vested in them, and to apply the purchase money in like manner. By s. 27. for the providing of school houses in such situations as the may purchase commissioners may deem proper, it shall be lawful for the houses, &c. for commissioners to purchase to them, and their successors, houses already built, with conveniencies thereunto belong

The present

set by commissioners,

s. 27.

Commissi mers

schools, &c.;

ing, or lands and tenements fit for such buildings, &c. for schoolhouses, and for the habitations of schoolmasters, for ever thenceforth to be part of the demesne and land belonging to any school, unalienable, and not to be let or disposed of to any other use; and it shall be lawful for the commissioners, by deed, to exchange any part of the demesnes or lands belonging to any school under the jurisdiction of the commissioners, with any person or body corporate, for lands of equal value lying more convenient And exchange for the scite of any such school; and it shall be lawful to schools, for for every person being seised of an estate tail in possession, or of an estate for life in possession, by deeds under their hands and seals, to grant, sell and exchange such their lands, or any part thereof, for any demesne for any free Tenants in tail, school, or for any master of a free school, in such manner

lands belonging

others more

convenient.

and for life, empowered to sell

and exchange

lands for the use of free schools.

s. 28.

school-houses,

school-master

as persons seised of such estates are enabled to grant, &c. such lands, by virtue of any act in force relative to the exchange of glebe lands, or for the encouragement of protestant schools, and under such restrictions and regulations as are contained in the 2 Ann. c. 10. Ir. or any act for amending the same or extending the benefits thereof. By s. 28. it shall be lawful for the grand jury of any county in which any diocesan school or district school, or the Grand juries scite appointed for the same, shall be, to present on the empowered to present for county any sum which they shall think proper, for pur- purchasing, &c. chasing, providing, building or repairing any such school- &c. for discesan house, or a dwelling honse for the master thereof, or any of the offices or appurtenances properly belonging to such school house, &c. or for purchasing or procuring a scite for the same, not exceeding 2 plantation acres: Provided always that whenever any grand jury shall make such presentment for any school house or dwelling house as the school house of the diocess only within which such county shall be situate, or for the dwelling house of the schoolmaster of such diocesan school only, such diocess shall not be or remain united to any other diocess under any of the provisions of this act; but such diocesan school shall be supported within its proper diocess only; and the money raised in such diocess shall be applied solely to the use of such diocesan school, and not to any district school, its proper

But such dioces an school must,

in such case, be

supported within

VOL. II.

2 P

diocess.

er

s. 29.

Penalty for

persons sum

to attend, or

produce papers,

&c.

or other school out of such diocess. By s. 29. if any person liable to be summoned under this act, or having the moned refusing custody of any papers, &c. or other documents required to be produced by the commissioners, shall, after being duly summoned, omit to attend, or refuse or decline to be examined on oath, or to produce any of the said papers, &c. every such person, being duly convicted thereof before any one magistrate, for every such offence shall be fined such sum, not exceeding £20, as such magistrate shall think proper. And by s. 30. if any person who by this act is Persons taking required to be examined on oath, or to take any oath in the execution of this act, shall wilfully swear falsely, such person shall be liable to the pains, penalties and disabilities, of persons guilty of wilful and corrupt perjury.

s. 30.

oaths under this act liable to pains of perjury.

Courts of equity

vidends on the

to infant par

ties, to be paid to guardians, &c.

52 Geo. 3. c. 32. G. B.

P. 346 l. 84. The 52 Geo. 3. c. 32. G. B. provides, may order di- that it shall be lawful for the courts of chancery and expublic funds due chequer, in any cause depending in said courts respectively, to order any dividends due and belonging to any infant, party to such cause, on any of the public or other stocks, funds or annuities whatsoever, transferrable in the books of the governor and company of the bank of England, standing in the name of such infant, and to which such infant is beneficially entitled, to be paid to any guardian of such infant, or to any other person, according to the discretion of such courts respectively, to or for the maintenance or education, or otherwise for the use and benefit of such infant; such guardian or other person being named in the order directing such payment; and the receipt, acquittance or discharge of such guardian, &c. for such dividend or sum of money as shall be so ordered, or any part thereof, shall be as good, at law and in equity, to and for said governor and company, against such infant, his executors, administrators or assigns, as if such receipt had been actually signed by such infant after he or she had attained the age of majority, and was capable by law of signing and giving the same; and this act shall be a complete indemnity to the said governor and company 52Geo.3.c.158. of the bank of England. And the 52 Geo. 3. c. 158. G. B. recites the 36 Geo. 3. c. 90. Eng. and 52 Geo. 3. The provisions of the 56 Geo.3. c. 32. G. B. supra, and enacts, that all the provisions and

G. B.

c. 90. and

enactments

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