ments of

assistant clergy under this

cases

are now

liable.

other incumbent of any district, parish, or place wherein any such person or persons shall be so employed as aforesaid, or wherein any lecturer or preacher shall have been required to act not to undertake and perform other clerical and ministerial duties, exempt incumbents in the manner hereinbefore provided, or wherein any person from the in holy orders shall have been appointed or elected to fill the duty of providing office of church clerk, chapel clerk, or parish clerk as aforecurates in said, shall by reason of any such provisions be exempt from where they any duty or obligation of employing within the same district, parish, or place any curate or other assistant to which by any law, statute, canon, or usage he is or may be already liable; but it shall be lawful for the bishop of the diocese from time to time to require every such rector or other incumbent to provide, or for the said bishop to nominate and license, such other curates and assistants to officiate within every such district, parish, or place, in addition, either to the person or persons so intended to be employed as aforesaid, or to such lecturer or preacher, or to such church clerk, chapel clerk, or parish clerk, and to make regulations for the payment of the stipends of such other curates and assistants, as fully and in the same manner and subject to the same restrictions as he might have done by law if this act had not been passed.

Power to suspend

or remove church

clerks not in holy

orders who may be guilty of

neglect or misbehaviour.

V. And be it enacted, that if at any time it shall appear, upon complaint or otherwise, to any archdeacon or other ordinary that any person not in holy orders, holding or exercising the office of church clerk, chapel clerk, or parish clerk in any district, parish, or place within and subject to his jurisdiction, has been guilty of any wilful neglect of or misbehaviour in his said office, or that by reason of any misconduct he is an unfit and improper person to hold or exercise the same, it shall be lawful for such archdeacon or other ordinary forthwith to summon such church clerk, chapel clerk, or parish clerk to appear before him, and also by writing under his hand, or by such process as is commonly used in any of the courts ecclesiastical for procuring the attendance of witnesses, to call before him all such persons as may be competent to give evidence or information respecting any of the matters imputed to or charged against such church clerk, chapel clerk, or parish clerk, as aforesaid; and such arch

deacon or other ordinary shall and may, if he see fit, examine upon oath, to be by him administered in that behalf, any of the persons so appearing or attending before him respecting any of the matters aforesaid, and shall and may thereupon summarily hear and determine the truth of the matters so imputed to or charged against such church clerk, chapel clerk, or parish clerk as aforesaid; and if upon such investigation it shall appear to the satisfaction of such archdeacon or other ordinary that the matters so imputed to or charged against such church clerk, chapel clerk, or parish clerk are true, it shall be lawful for the said archdeacon or other ordinary forthwith to suspend or remove such church clerk, chapel clerk, or parish clerk, from his said office, and by certificate under his hand and seal directed to the rector or other officiating minister of the parish, district, or place wherein such church clerk, chapel clerk, or parish clerk held or exercised his said office, to declare the said office vacant, and a copy of such certificate shall thereupon, by such rector or other officiating minister, be affixed to the principal door of the church or chapel in which the said church clerk, chapel clerk, or parish clerk usually exercised his said office; and the person or persons who upon the vacancy of such office are entitled to elect or appoint a person to fill the same, shall and may forthwith proceed to elect or appoint some other person to fill the same in the place of the said church clerk, chapel clerk, or parish clerk so removed as aforesaid: provided always, that the exercise of such office by a sufficient deputy who shall duly and faithfully perform the duties thereof, and in all respects well and properly demean himself, shall not be deemed a wilful neglect of his office on the part of such church clerk, chapel clerk, or parish clerk, so as to render him liable, for such cause alone, to be suspended or removed therefrom.

person

VI. And be it enacted, that in case any person, having Power to ceased to be employed in any of the offices or duties in this remove act mentioned or referred to, or having been duly suspended ceasing or removed from any such office or employment as aforesaid, to be em ployed as shall at any time refuse or neglect to give up the possession mentioned of any house, building, land, or premises, or any part or parcel thereof, by him held or occupied by virtue or in respect mises held

in this act from pre

by him in of any such office or employment as aforesaid, it shall be right of his lawful for the bishop of the diocese, upon complaint thereof employ. ment. to him made, to summon such person forthwith personally to appear before him, and to show cause for such refusal or neglect; and upon the failure of the person so summoned as aforesaid to obey such summons, or, upon his appearance, to show to the said bishop such cause as may be deemed by the said bishop sufficient for such refusal or neglect, the said bishop shall thereupon grant a certificate of the facts aforesaid, under his hand and seal, to the person or persons entitled to the possession of such house, building, land, or premises as aforesaid, who may thereupon go before any neighbouring justice of the peace; and such justice, upon production of such certificate, and proof of such wrongful retention of possession as aforesaid, shall and he is hereby required to issue his warrant under his hand and seal, directed to the constables or other peace officers of the district, parish, or place within which such house, building, land, or premises is or are situate, or to the constables or other peace-officers of any neighbouring district, parish, or place, requiring them forthwith to expel and remove from the said house, building, land, or premises, and from every part and parcel thereof, the person so wrongfully retaining possession thereof, and to deliver the peaceable possession thereof to the person or persons so entitled to the same as aforesaid; and such constables or other peace officers shall, and they are hereby required promptly and effectually to obey and execute such warrant, according to the exigency thereof, and thereupon it shall be lawful for them also to levy, upon the goods and chattels of the person so by them expelled and removed as aforesaid, the necessary costs and expenses of executing such warrant, the amount whereof, in case the same shall be disputed, shall be forthwith settled and determined by the said justice of the peace by whom the said warrant was so issued as aforesaid, or by any other justice of the peace residing in or near to the said district, parish or place, whose decision thereupon shall be final, and who is hereby authorized to make such order in that behalf as to him shall seem reasonable.

12 & 13 VICTORIA, cap. 49.

An Act to extend and explain the Provisions of the Acts for the granting of Sites for Schools.

the rent,

newal of

WHEREAS by an act passed in the fifth year of the reign of her Majesty provisions are made for facilitating the erection of schools and buildings for the education of poor persons, which said act hath been since explained and extended by an act of the eighth year of the reign of her Majesty; and it is expedient that further facilities should be afforded for the conveyance of lands for sites for schools in cases where such lands are comprised with other lands in leases, and that some amendments should also be made in the said acts: be Where part it therefore enacted by the Queen's most excellent Majesty, lands unonly of by and with the advice and consent of the Lords Spiritual and der lease Temporal, and Commons, in this present parliament assembled, conveyed, and by the authority of the same, that if part only of any and fine lands comprised in a lease for a term of years unexpired upon reshall be conveyed or agreed to be conveyed for the purposes lease, may of the said firstly hereinbefore mentioned act, the rent pay- be apporable in respect of the lands comprised in such lease, and any fine certain or fixed sum of money to be paid upon any renewals thereof, or either of such payments, may be apportioned between the part of the said lands so conveyed or agreed to be conveyed and the residue thereof; and such apportionment may be settled by agreement between the parties following, that is to say, the lessor or other the owner subject to such lease of the lands comprised therein, the lessee or other the party entitled thereto by virtue of such lease or any assignment thereof for the residue of the term thereby created, and the party to whom such conveyance as aforesaid for the purposes of the said firstly herein before mentioned act is made or agreed to be made; and when such apportionment shall so be made it shall be binding on all under-lessees and other persons and corporations whatsoever, whether parties to the said agreement or not.

tioned.

II. And be it enacted, that in case of any such apportion- Liabilities

dies of

lands not conveyed.

of tenants, ment as aforesaid, and after the lands so conveyed or agreed and reme- to be conveyed as aforesaid shall have been conveyed, the landlords, lessee, and all parties entitled under him to the lands comas to the prised in the lease not included in such conveyance, shall, as to all future accruing rent, and of all future fines certain or fixed sums of money, to be paid upon renewals, be liable only to so much of the rent and of such fines or sums of money as shall be apportioned in respect of such last-mentioned lands; and the party entitled to the rent reserved by the lease shall have all the same rights and remedies for the recovery of such portion of the rent as last aforesaid as previously to such apportionment he had for the recovery of the whole rent reserved by such lease; and all the covenants, conditions, and agreements of such lease, except as to the amount of rent to be paid, and of fines or sums of money to be paid upon renewals, in case of any apportionment of the same respectively, shall remain in force with regard to that part of the land comprised in the lease which shall not be so conveyed as aforesaid, in the same manner as they would have done in case such part only of the land had been included in the lease.

The same person may grant several sites for

schools in the same parish if the whole extent do

III. And whereas by the said first-recited act power is given to any person or corporation to grant any number of sites for distinct and separate schools; but after providing that the site of each school and residence do not exceed one acre, it is also provided that not more than one such site shall be in the same parish; and doubts have been entertained as to the meaning of this last-recited proviso: be it therefore not exceed declared and enacted, that nothing in the said act contained certain shall prevent any person or corporation from granting any 4 & 5 Vict. number of sites for separate and distinct schools in the same c. 38, s. 9. parish, provided the aggregate quantity of land granted by such person in the same parish shall not exceed the extent of one acre.

limits.

Grants of land for sites of

IV. And whereas it would be expedient that the absolute owners of land and tenants in tail in possession should have schools by the power of granting land to a limited extent for the purpose owners or of erecting sites for schools to be applied and used in and tail to be for the education and instruction of persons intended to be masters or mistresses of elementary schools for poor persons,

tenants in

valid,