entitled to the money so deposited, and to the dividends or interest of the annuities or securities purchased therewith, and the same shall be paid and applied accordingly. posited. 80. In all cases of monies deposited in the bank under the provisions Application of of this or the special Act, or an Act incorporated therewith, except Compensation. where such monies shall have been so deposited by reason of the wilful refusal of any party entitled thereto to receive the same, or to Costs in cases of money deconvey or release the lands in respect whereof the same shall be payable, or by reason of the wilful neglect of any party to make out a good title to the land required, it shall be lawful for the Court of Chancery in England or the Court of Exchequer in Ireland to order the costs of the following matters, including therein all reasonable charges and expenses incident thereto, to be paid by the promoters of the undertaking; (that is to say,) the costs of the purchase or taking of the lands, or which shall have been incurred in consequence thereof, other than such costs as are herein otherwise provided for, and the costs of the investment of such monies in government or real securities, and of the reinvestment thereof in the purchase of other lands, and also the costs of obtaining the proper orders for any of the purposes aforesaid, and of the orders for the payment of the dividends and interest of the securities upon which such monies shall be invested, and for the payment out of Court of the principal of such monies, or of the securities whereon the same shall be invested, and of all proceedings relating thereto, except such as are occasioned by litigation between adverse claimants: provided always, that the costs of one application only for reinvestment in land shall be allowed, unless it shall appear to the Court of Chancery in England or the Court of Exchequer in Ireland that it is for the benefit of the parties interested in the said monies that the same should be invested in the purchase of lands, in different sums and at different times, in which case it shall be lawful for the Court, if it think fit, to order the costs of any such investments to be paid by the promoters of the undertaking. And with respect to the conveyances of lands, be it enacted as Conveyances. follows: 81. Conveyances of lands to be purchased under the provisions of Form of conthis or the special Act, or any Act incorporated therewith, may be veyances. according to the forms in the schedules (A.) and (B.) respectively to this Act annexed, or as near thereto as the circumstances of the case will admit, or by deed in any other form which the promoters of the undertaking may think fit; and all conveyances made according to the forms in the said schedules or as near thereto as the circumstances of the case will admit shall be effectual to vest the lands thereby conveyed in the promoters of the undertaking, and shall operate, to merge all terms of years attended by express declaration, or by construction of law, on the estate of interest so thereby conveyed, and to bar and to destroy all such estates tail, and all other estates, rights, titles, remainders, reversions, limitations, trusts, and interests whatsoever, of and in the lands comprised in such conveyances which shall have been purchased or compensated for by the consideration therein mentioned; but although terms of years be thereby merged, they shall in equity afford the same protection as if they had been kept on foot, and assigned to a trustee for the promoters of the undertaking to attend the reversion and inheritance. 82. The costs of all such conveyances shall be borne by the promoters of the undertaking, and such costs shall include all charges and ex App. I. 8 & 9 Vict. c. 18. Conveyances. Costs of conveyances. Taxation of costs of conveyances. penses incurred, on the part as well of the seller as of the purchaser, of all conveyances and assurances of any such lands, and of any outstanding terms or interests therein, and of deducing, evidencing, and verifying the title to such lands, terms, or interests, and of making out and furnishing such abstracts and attested copies as the promoters of the undertaking may require, and all other reasonable expenses incident to the investigation, deduction, and verification of such title. 83. If the promoters of the undertaking and the party entitled to any such costs shall not agree as to the amount thereof, such costs shall be taxed by one of the taxing masters of the Court of Chancery or by a master in Chancery in Ireland, upon an order of the same Court, to be obtained upon petition in a summary way by either of the parties; and the promoters of the undertaking shall pay what the said master shall certify to be due in respect of such costs to the party entitled thereto, or in default thereof the same may be recovered in the same way as any other costs payable under an order of the said Court, or the same may be recovered by distress in the manner herein before provided in other cases of costs; and the expense of taxing such costs shall be borne by the promoters of the undertaking, unless upon such taxation one sixth part of the amount of such costs shall be disallowed, in which case the costs of such taxation shall be borne by the party whose costs shall be so taxed, and the amount thereof shall be ascertained by the said master, and deducted by him accordingly in his certificate of such taxation. I SCHEDULES referred to in the foregoing Act. SCHEDULE (A.) Form of Conveyance. of in consideration of the sum of paid to me [or, as the case may be, into the Bank of England [or Bank of Ireland], in the name and with the privity of the Accountant General of the Court of Chancery, ex parte "the promoters of the undertaking" [naming them], or to A.B. of and C.D. of two trustees appointed to receive the same], pursuant to the [here name the Special Act], by the [here name the company or other promoters of the undertaking], incorporated [or constituted] by the said Act, do hereby convey to the said company [or other description], their successors and assigns, all [describing the premises to be conveyed, together with all ways, rights, and appurtenances thereto belonging, and all such estate, right, title, and interest in and to the same as I am or shall become seised or possessed of, or am by the said Act empowered to convey, to hold the premises to the said company [or other description], their successors and assigns, for ever, according to the true intent and meaning of the said Act. In witness whereof I have hereunto set my hand and seal, the day of in the year of our Lord I of SCHEDULE (B.) Form of Conveyance on Chief Rent. in consideration of the rent-charge to be paid to me, my heirs and assigns, as hereinafter mentioned, by "the promoters of the undertaking” [naming them], incorporated [or constituted] by virtue of the [here name the special Act], do hereby convey to the said company [or other description], their successors and assigns, all [describing the promises to be conveyed], together with all ways, rights, and appurtenances thereunto belonging, and all my estate, right, title, and interest in and to the same and every part thereof, to hold the said premises to the said company [or other description], their successors and assigns, for ever, according to the true intent App. I. 8 & 9 Vict. c. 18. SERVICE OF NOTICES. 14 & 15 VICT. c. 56. An Act to sanction the Service by Post of Notices relative to the Proceedings of certain Charitable Institutions, and to make further Provision as to the Service of such Notices in future. [1st August, 1851.] WHEREAS great inconvenience has been occasioned, and may be occasioned, to incorporated and other charitable institutions in England, by reason of courts, boards, and meetings of governors, members, or subscribers, and elections of presidents, patrons, treasurers, hospitallers, masters, physicians, surgeons, and other officers of or to, and recipients of benefits conferred by, such institutions respectively, having from time to time taken place, of which the notices or some of them have been issued through the post, by the extreme difficulty of proving the service of such notices, and by want of sufficient provisions in the charters, statutes, laws, or rules of such institutions as to the service of notices thereby required to be given: And whereas it is expedient immediately to provide a remedy for the inconvenience and defects before mentioned: Be it therefore declared and 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: Sect. 1, which was merely retrospective, was repealed by the Stat. Law Rev. Act, 1875. 2. That from and after the passing of this Act, all notices to the Notices to governors or members of or subscribers to any present or future chari- governors, &c. table institution in England, whether incorporated or not, which by of charities the charter, statutes, laws, or rules (as the case may be) of such insti- may be sent by post, &c. tution for the time being are or shall be required to be given, may be served by the same being transmitted through the post, directed according to the address given in the list of the governors or members of or subscribers to such institution for the time being in use at the chief establishment thereof, in such time as to admit of their delivery in the due course of delivery by post at or before such period (if any) as is or shall be prescribed by the charter, statutes, laws, or rules (as the case may be) for the time being of such institution for the giving of such notices; and in proving such service it shall be sufficient to prove that such notice was so directed as aforesaid, and put into a general post office in such time as aforesaid; but so nevertheless that nothing in this Act contained shall be held to render invalid any personal service of any notice, or to render necessary to the effectual service of any notice any further act, matter, or thing than would have been required for the service thereof by the charter, statutes, laws, or rules for the time App. I. c. 56. being of the institution which the same shall concern, if this Act had 14 & 15 Vict. not passed; and that no notice of any intended court, board, meeting, or election shall be required to be served, either by post or otherwise, on any governor or member of or subscriber to any such institution who shall not for the time being be within the United Kingdom, anything in any such charter, statutes, laws, or rules to the contrary notwithstanding. Trustees of endowed schools may make orders for the admission of children of nominations. THE ENDOWED SCHOOLS ACT, 1860. 23 & 24 VICT. C. 11. An Act to amend the Law relating to Endowed Schools. [31st March, 1860.] WHEREAS it is expedient that some restrictions upon the government and teaching of certain endowed schools should be removed or modified: 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, as follows: 1. It shall be lawful for the trustees or governors of every endowed school from time to time to make, and they shall be bound to make, such orders as, whilst they shall not interfere with the religious teaching of the other scholars as now fixed by statute or other legal requirement, and shall not authorize any religious teaching other than that previously afforded in the school, shall nevertheless provide for addifferent de- mitting to the benefits of the school the children of parents not in communion with the church, sect, or denomination according to the doctrines or formularies of which religious instruction is to be afforded under the endowment of the said school: Provided, that in the will or wills, deed or deeds, or other instrument or instruments regulating such endowment, nothing be contained expressly requiring the children educated under such endowment to learn or to be instructed according to the doctrines or formularies of such church, sect, or denomination. 2. This Act shall not apply to any of the institutions mentioned in section twenty-four of the Act of the third and fourth of Victoria, mentioned in chapter seventy-seven, entitled "An Act for Improving the Condition 3 & 4 Vict. c. and Extending the Benefits of Grammar Schools," nor to any school 77, s. 24, &c., established or to be established by or in union with or to be in union nor to Scotwith the National Society for promoting the Education of the Poor in land or the principles of the Established Church, nor to any institution mainIreland. tained wholly by voluntary subscriptions, or partly by voluntary subscriptions and partly by school payments, nor to Scotland or Ireland. 3. This Act may be cited as "The Endowed Schools Act, 1860.” Act not to apply to institutions Short title. POOR ALLOTMENTS ACT, 1832. 2 & 3 WILL. IV. c. 42. An Act to authorize (in Parishes enclosed under any Act of Parlia- App. I. c. 42. assembled portions, to industrious cottagers of good character, while the distribution of fuel might be augmented by appropriating the said rents to the purchase of an additional quantity: Be it therefore 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 Trustees and it shall and may be lawful for the trustees of the said allotments, parish officers together with the churchwardens and overseers of the poor in in vestry parish vestry assembled, and they are hereby required, to let portions shall let porof any such allotment, not less than one-fourth of a statute acre (a), and tions of poor not exceeding one such acre, to any one individual, according to their allotments to discretion, as a yearly occupation from Michaelmas to Michaelmas, industrious (and at such rent as land of the same quality is usually let for in the same cottagers. parish,) to such industrious cottagers of good character, being day labourers or journeymen legally settled in the said parish, and dwelling within or near its bounds, as shall apply for the same in the manner hereinafter mentioned. 2. Provided also, and be it further enacted, that the person hiring Land to be the same shall be held bound to cultivate it in such a manner as shall duly cultivated. preserve the land in a due state of fertility. 3. And be it further enacted, that for the purpose of carrying this Vestry to be Act into effect a vestry shall be held in the first week in September held annually in every year, of which ten days' notice shall be given in the usual to receive applications. manner, at which vestry the trustees of the said allotments may attend and vote, if they shall so think fit, and at which vestry, or some adjournment thereof, any industrious cottager of good character who may desire to rent such portion of land as aforesaid may apply for the same; and the said vestry are hereby required, taking into consideration the character and circumstances of the applicant, to determine the case, either by rejecting his application, or by making an order that he shall be permitted to occupy such portion of the poor allotment, being not less than one-fourth of a statute acre (a), nor exceeding one such acre, as the said vestry in their discretion shall determine, and upon the terms herein before enacted; and the said order of vestry Order of shall be held to all intents and purposes to be a sufficient title and vestry to authority to such applicant to enter into the occupation of such land at authorize the time therein appointed. rent. If rent is in arrear, or land not duly cultivated, occupation. 4. Provided always, and be it further enacted, that the rent shall be Payment of reserved and payable to the churchwardens and overseers of the poor, on behalf of the vestry, in one gross sum for the whole year, and shall be paid to one or either of them at the end of the year's occupation. 5. And be it further enacted, that if the rent of such portion of land shall at any time be four weeks in arrear, or if at the end of any one year of occupation it shall be the opinion of the vestry that the land has not been duly cultivated, so as to fulfil the useful and benevolent purposes of this Act, then and in such case the churchwardens and evicted. overseers of the poor, or any or either of them, with the consent of the vestry, may serve a notice to quit upon the occupier of such portion of land; whereupon the said occupier shall deliver up possession of the same to the churchwardens and overseers aforesaid, or any or either of them, within one week after the said notice has been duly served upon him. tenant may be recover pos session of land illegally held over or 6. And be it further enacted, that if any person to whom such Power to portion of land as aforesaid shall have been let for his or her own occupation, shall refuse to quit and to deliver up possession thereof when thereto required according to the terms of this Act, or if any (a) Repealed by sect. 10 of the Poor Allotments Management Act, 1873, post. |