App. I. 3 & 4 Vict. c. 77. 13. And whereas it is expedient that the discipline of grammar schools should be more fully enforced, Be it declared and enacted, that in all cases in which sufficient powers, to be exercised by way of visitation or otherwise, in respect of the discipline of such schools, shall Where suffialready exist and be vested in any person or persons, it shall be lawful cient powers for such person or persons to exercise the same when and so often as of discipline they shall deem fit, either by themselves personally or by commission, exist, the perwithout being first requested or required so to do, and likewise to ing them to direct such returns to be made by the masters of such schools, of the be at liberty state thereof, of the books used therein, and of such other particulars to exercise as he or they may think proper, and also to order such examinations them, &c. to be held into the proficiency of the scholars attending the same as to him or them may seem expedient. sons possess Court may 14. And be it enacted, that in all cases in which any person or Where such persons, having authority, by way of visitation or otherwise, in re- powers not spect of the discipline of any grammar school, may not have sufficient sufficient, power properly to enforce the same, it shall be lawful for the Court of Chancery to order and direct that the powers of such person or persons shall be enlarged to such extent and in such manner, and subject to such provisions, as to the said Court shall seem fit. enlarge them. create them. 15. And be it enacted, that in all cases in which no authority to Where no be exercised by way of visitation in respect of the discipline of any such powers, grammar school is now vested in any known person or persons, it shall Court may be lawful for the bishop of the diocese wherein the same is locally situated to apply to the Court of Chancery, stating the same; and the said Court shall have power, if it so think fit, to order that the said bishop shall be at liberty to visit and regulate the said school in respect of the discipline thereof, but not further or otherwise. substitute a 16. And be it enacted, that in the event of the person or persons by Court of whom powers of visitation in respect of the discipline of any grammar Chancery may school ought to be exercised, refusing or neglecting so to do within a reasonable time after the same ought to be exercised, or in the event person to act pro hâc vice of its being uncertain in whom the right to exercise such powers is in certain vested, such powers shall be exercised pro hâc vice by some person cases. specially appointed by the authority of the Court of Chancery, on application made by any person or persons interested in such grammar school: Provided always, that nothing herein contained shall exempt any visitor from being compelled by any process to which he is now amenable to perform any act which he is now compellable to perform. 17. And whereas it is expedient to provide for the more easy re- Court of moval of unfit and improper masters, Be it declared and enacted, that Chancery it shall be lawful for the Court of Chancery to empower the person or removal of may authorize persons having powers of visitation in respect of the discipline of any masters. grammar school, or who shall be specially appointed to exercise the same under this Act, and the governors, or either of them, after such inquiries and by such mode of proceeding as the Court shall direct, to remove any master of any grammar school who has been negligent in the discharge of his duties, or who is unfit or incompetent to discharge them properly and efficiently, either from immoral conduct, incapacity, age, or from any other infirmity or cause whatsoever. pension. 18. Provided always, and be it enacted, that in case the cause for Power in cerwhich any master be removed shall be incompetency from age or tain cases to other infirmity, it shall be lawful for the said governors, with the assign retiring approbation of the visitor, to assign to the use of such master any portion of the annual revenues of the said grammar school in one or more donations, or by way of annuity determinable on the death of App. I. 3 & 4 Vict. c. 77. Premises held over by masters dismissed or ceasing to hold office, to be recovered in a summary way. 1 & 2 Vict. c. 74. Master shall not set up title, &c. Applications to Court to be made by petition, under 52 G. 3, c. 101. such master, or on any other specified event during his life, or to assign to him any part of the estate of the said grammar school for his occupation for a term determinable in like manner; provided that there shall remain sufficient means to provide for the efficient performance of the duties which belong to the office from which such master shall be removed. 19. And for the more speedy and effectual recovery of the possession of any premises belonging to any grammar school which the master who shall have been dismissed as aforesaid, or any person who shall have ceased to be master, shall hold over after his dismissal or ceasing to be master, except under such assignment as may have been made under the provisions of this Act, the term of such assignment being still unexpired, and the premises assigned being in the actual occupation of the master so dismissed or ceased to be master, be it enacted, that when and as often as any master holding any schoolroom, schoolhouse, or any other house, land, or tenement, by virtue of his office, or as tenant or otherwise under the trustees of the said grammar school, except on lease for a term of years still unexpired, shall have bee dismissed as aforesaid, or shall have ceased to be master, and such master, or (if he shall not actually occupy the premises or shail only occupy a part thereof) any person by whom the same or any part thereof shall be then actually occupied, shall neglect or refuse to quit and deliver up possession of the premises, or of such part thereof respectively, except such as are herein before excepted, within the space of three months after such dismissal or ceasing to be master, it shall be lawful for justices of the peace acting for the district or division in which such premises or any part thereof are situated, in petty sessions assembled, or any two of them, and they are hereby required, on the complaint of the said trustees or their agents, and on the production of an order of the Court of Chancery declaring such master to have been duly dismissed or to have ceased to be master, to issue a warrant, under their hands and seals, to the constables and peace officers of the said district or division, commanding them, within a period to be therein named, not less than ten nor more than twenty-one clear days from the date of such warrant, to enter into the premises, and give possession of the same to the said trustees or their agents, in such manner as any justices of the peace are empowered to give possession of any premises to any landlord or his agent under an Act passed in the session of Parliament held in the first and second years of the reign of her present Majesty, intituled "An Act to facilitate the Recovery of Possession of Tenements after due Determination of the Tenancy." 20. Provided always, and be it enacted, that nothing in this Act or the said recited Act shall extend or be construed to extend to enable any master so dismissed, or ceasing to be master as aforesaid, to call in question the validity of such dismissal, provided that the same shall have proceeded from the persons authorized to order the same, after such inquiries and by such mode of proceeding as required in that behalf, or to call in question the title of the trustees to possession of any premises of which such master shall have become possessed by virtue of his late office, or as tenant or otherwise under the trustees of the said grammar school for the time being. 21. And whereas it is expedient to facilitate applications to the Court of Chancery under this Act, Be it enacted, that all applications may be heard and determined and all powers given by this Act to the Court of Chancery may be exercised in cases brought before such App. I. c. 77. Court by petition only, such petitions to be presented, heard, and determined according to the provisions of an Act passed in the fifty- 3 & 4 Vict. second year of the reign of his late Majesty King George the Third, intituled "An Act to provide a summary Remedy in Cases of Abuses of Trusts created for Charitable Purposes." cellor or 22. And be it enacted, that in every case in which the patronage of If Crown is any grammar school, or right of appointing the schoolmaster or under patron, Lord master thereof, is vested in the Crown, the Lord High Chancellor, or High Chanthe Chancellor of the Duchy of Lancaster in respect of any grammar Chancellor school within the county palatine of Lancaster, shall be considered as of Duchy of the patron of such grammar school for the purposes of this Act. Lancaster 23. And be it enacted, that the powers and authorites herein before shall act. given to the Lord High Chancellor shall and may be exercised in like Powers of manner by and are hereby given to the Lord Keeper or Lords Com- Lord Chanmissioners for the custody of the great seal respectively for the time cellor to be being. exercised by Lord Keeper, 24. Provided always, and be it enacted, that neither this Act nor &c. anything therein contained shall be any way prejudicial or hurtful Saving of to the jurisdiction or power of the ordinary; but that he may lawfully rights of execute and perform the same as heretofore he might according to the ordinary. statutes, common law, and canons of this realm, and also as far as he may be further empowered by this Act; and that this Act shall not be construed as extending to any of the following institutions; (that is to Certain founsay,) to the Universities of Oxford or Cambridge, or to any college or dations exhall within the same, or to the University of London, or any colleges empted from connected therewith, or to the University of Durham, or to the colleges of Saint David's or Saint Bee's, or the grammar schools of Westminster, Eton, Winchester, Harrow, Charter House, Rugby, Merchant Taylors, Saint Paul's, Christ's Hospital, Birmingham, Manchester, or Macclesfield, or Louth, or such schools as form part of any cathedral or collegiate church. this Act. 25. And be it enacted, that in the construction and for the purposes Construction of this Act, unless there be something in the subject or context repug- of terms. nant to such construction, the word " grammar school" shall mean and include all endowed schools, whether of royal or other foundation, founded, endowed, or maintained for the purpose of teaching Latin and Greek, or either of such languages, whether in the instrument of foundation or endowment, or in the statutes or decree of any Court of Record, or in any Act of Parliament establishing such school, or in any other evidences or documents, such instruction shall be expressly described, or shall be described by the word "grammar," or any other form of expression which is or may be construed as intending Greek or Latin, and whether by such evidences or documents as aforesaid, or in practice, such instruction be limited exclusively to Greek or Latin, or extended to both such languages, or to any other branch or branches of literature or science in addition to them or either of them; and that the words "grammar school" shall not include schools not endowed, but shall mean and include all endowed schools which may be grammar schools by reputation, and all other charitable institutions and trusts, so far as the same may be for the purpose of providing such instruction as aforesaid; that the word "visitor" shall mean and include any person or persons in whom shall be vested, solely or jointly, the whole or such portion of the visitatorial power as regards the subject of the enactment or provision, or any powers in regard to the discipline or making of new statutes in any school; that the word "governors" shall mean and include all persons or corporations, App. I. 3 & 4 Vict. c. 77. Act may be amended this session. whether sole or aggregate, by whatever name they may be styled, who may respectively have the government, management, or conduct of any grammar school, whether they have also any control over the revenues of the school as trustees or not; that the word "trustees" shall mean and include all persons and corporations, sole or aggregate, by whatever name they may be styled, who shall have the management, disposal, and control over the revenues of any grammar school, whether the property be actually vested in them or not; that the word "statutes" shall mean and include all written rules and regulations by which the school, schoolmasters, or scholars are, shall, or ought to be governed, whether such rules or regulations are comprised in, incorporated with, or authorized by any royal or other charter, or other instrument of foundation, endowment, or benefaction, or declared or confirmed by Act of Parliament, or by decree of any court of record, and also all rules and regulations which shall be unwritten, and established only by usage or reputation; that the word "schoolmaster" shall mean and include the head master only, and the word "under master" every master, usher, or assistant in any school except the head master; and that the word "master" shall mean and include as well any head master as under master; that the words "discipline" or "management" of a school shall mean and include all matters respecting the conduct of the masters or scholars, the method and times of teaching, the examination into the proficiency of the scholars of any school, and the ordering of returns or reports with reference to such particulars, or any of them; and that any word importing the singular number only shall mean and include several persons or things as well as one person or thing, and the converse. 26. And be it enacted, that this Act may be amended or repealed by any Act to be passed in this present session of Parliament (a). Interpretations in this and the special Act: "Owner:" THE LANDS CLAUSES CONSOLIDATION ACT, 1845. An Act for consolidating in one Act certain Provisions usually 3. The following words and expressions, both in this and the special Act, shall have the several meanings hereby assigned to them, unless there be something either in the subject or context repugnant to such construction; (that is to say,) Where under the provisions of this or the special Act, or any Act incorporated therewith, any notice shall be required to be given to the owner of any lands, or where any Act shall be authorized or required to be done with the consent of any such owner, the word "owner" shall be understood to mean any person or corporation who, under the provisions of this or the special Act, would be enabled to sell and convey lands to the promoters of the undertaking: (a) Repealed by the Stat. Law Rev. Act, 1874 (No. 2). App. I. 8 & 9 Vict. c. 18. The expression "the bank" shall mean the Bank of England where the same shall relate to monies to be paid or deposited in respect of lands situate in England, and shall mean the Bank of Ireland where the same shall relate to monies to be paid or deposited in "the bank:" respect of Lands situate in Ireland. And with respect to the purchase of lands by agreement, be it enacted as follows: Purchase of Lands by agreement. 6. Subject to the provisions of this and the special Act it shall be lawful for the promoters of the undertaking to agree with the owners Power to of any lands by the special Act authorized to be taken, and which purchase shall be required for the purposes of such Act, and with all parties lands by having any estate or interest in such lands or by this or the special agreement. Act enabled to sell and convey the same, for the absolute purchase, for a consideration in money, of any such lands, or such parts thereof as they shall think proper, and of all estates and interests in such lands of what kind soever. enabled to sell and 7. It shall be lawful for all parties, being seised, possessed of, or Parties under entitled to any such lands, or any estate or interest therein, to sell and disability convey or release the same to the promoters of the undertaking, and to enter into all necessary agreements for that purpose; and par- convey. ticularly it shall be lawful for all or any of the following parties so seised, possessed, or entitled as aforesaid so to sell, convey, or release; (that is to say,) all corporations, tenants in tail or for life, married women seised in their own right or entitled to dower, guardians, committees of lunatics and idiots, trustees or feoffees in trust for charitable or other purposes, executors and administrators, and all parties for the time being entitled to the receipt of the rents and profits of any such lands in possession or subject to any estate in dower, or to any lease for life or for lives and years, or for years or any less interest; and the power so to sell and convey or release as aforesaid may lawfully be exercised by all such parties, other than married women entitled to dower, or lessees for life, or for lives and years, or for years, or for any less interest, not only on behalf of themselves and their respective heirs, executors, administrators, and successors, but also for and on behalf of every person entitled in reversion, remainder, or expectancy after them, or in defeasance of the estates of such parties, and as to such married women, whether they be of full age or not, as if they were sole and of full age, and as to such guardians, on behalf of their wards, and as to such committees, on behalf of the lunatics and idiots of whom they are the committees respectively, and that to the same extent as such wives, wards, lunatics, and idiots respectively could have exercised the same power under the authority of this or the special Act if they had respectively been under no disability, and as to such trustees, executors, and administrators, on behalf of their cestui que trusts, whether infants, issue unborn, lunatics, femes covert, or other persons, and that to the same extent as such cestui que trusts respectively could have exercised the same powers under the authority of this and the special Act if they had respectively been under no disability. exercise other powers. 8. The power hereinafter given to enfranchise copyhold lands, as Parties under well as every other power required to be exercised by the lord of any disability to manor pursuant to the provisions of this or the special Act, or any Act incorporated therewith, and the power to release lands from any rent, charge, or incumbrance, and to agree for the apportionment of any such rent, charge, or incumbrance, shall extend to and may 3 D Ꭲ. |