Legislation

School Sites Act 1852

This was the last of five School Sites Acts passed between 1841 and 1852, which facilitated the purchase of land for school buildings and allowed for 'Parliamentary Grants for the Education of the Poor'.

They were the School Sites Acts 1841, 1844, 1849, 1851, and 1852

Terms used in the School Sites Acts

entail: land settled on a number of persons in succession

fee simple: belonging to the owner and heirs in perpetuity

fee tail: a type of tenure in land with restrictions (entailments) regarding the line of heirs to whom it may be willed

hereditament and heritage: property that can be inherited

messuage: a dwelling house with outbuildings and land assigned to its use

seisin: possession of land by freehold

tenant in tail: a person entitled to an entailed interest (see entail above)

The text of the School Sites Act 1852 was prepared by Derek Gillard and uploaded on 14 October 2019.


School Sites Act 1852

© Crown copyright material is reproduced with the permission of the Controller of HMSO and the Queen's Printer for Scotland.


[page 425]

VICTORIA

School Sites Act 1852

1852 CHAPTER 49

An Act to extend the Provisions of the several Acts passed for the Conveyance of Sites for Schools. [30th June 1852.]

WHEREAS an Act was passed in the Session of Parliament held in the Fourth and Fifth Years of the Reign of Her present Majesty, intituled An Act to afford further Facilities for the Conveyance and Endowment of Sites for Schools (4 & 5 Vict. c. 38): And whereas an Act was passed in the Session of Parliament held in the Seventh and Eighth Years of the Reign of Her present Majesty, intituled An Act to secure the Terms on which Grants are made by Her Majesty out of the Parliamentary Grant for the Education of the Poor (7 & 8 Vict. c. 37), and to explain the Act of the Fifth Year of the Reign of Her present Majesty, for the Conveyance of Sites for Schools: And whereas an Act was passed in the Session of Parliament held in the Twelfth and Thirteenth Years of the Reign of Her present Majesty, intituled An Act to extend and explain the Provisions of the Acts for the granting of Sites for Schools (12 & 13 Vict. c. 49): And whereas an Act was passed in the Session of Parliament held in the Thirteenth and Fourteenth Years of the Reign of Her present Majesty, intituled An Act to render more simple and effectual the Title by which Congregations or Societies for Purposes of Religious Worship or


[page 426]

Education in England and Ireland hold Property for such Purposes (13 & 14 Vict. c. 28): And whereas an Act was passed in the Session of Parliament held in the Fourteenth and Fifteenth Years of the Reign of Her present Majesty, intituled An Act to amend the Acts for the granting of Sites for Schools (14 & 15 Vict. c. 24): And whereas it is expedient to encourage the building and promoting of Schools or Colleges for the Sons of Yeomen and others, and to extend the Provisions of the said recited Acts to the Cases herein-after specified: Be it therefore 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: That from and after the passing of this Act all the Provisions contained in the said recited Acts or any of them in relation to the Conveyance and Endowment of Sites for such Schools as are contemplated by the Provisions of the said Acts respectively, shall apply to and be construed to be applicable to the Cases of such Schools as are herein-after specified; (that is to say,) Schools or Colleges for the religious or educational Training of the Sons of Yeomen or Tradesmen or others, or for the theological Training of Candidates for Holy Orders, which are erected or maintained in part by charitable Aid, and which in part are self-supporting, in the same or the like Manner as if such Schools or Colleges as last aforesaid had, been expressly specified in the said Act of the Fourth and Fifth Years of Her present Majesty and the said subsequent Acts, and the same or the like Powers had been thereby given for or in relation to the Conveyance and Endowments of Sites for such Schools or Colleges, and for the Residences of Schoolmasters, or otherwise in connexion therewith, as are by the said Acts given for or in reference to the Conveyance and Endowment of Sites for Schools falling within the Provisions of those Acts: Provided always, that no Ecclesiastical Corporation, sole or aggregate, shall be authorized to grant any Site under this Act, except for Schools or Colleges which shall be conducted upon the Principles of and be in Union with the Church of England and Ireland as by Law established; and that no Ecclesiastical Corporation, aggregate or sole, shall grant, by way of Gift, and without a valuable Consideration, for any of the Purposes of this Act, any greater Quantity of Land in the whole than Two Acres; and that no other Person or Persons or Corporation not coming within the Class or Description of Persons empowered by the Second Section of the said Act of the Fourth and Fifth Years of the Reign of Her present Majesty to convey Land for Sites as therein mentioned, shall grant, by way of Sale for a valuable Consideration, for any of the Purposes of this Act, any greater Quantity of Land in the whole than Two Acres, or shall grant any Land whatever for any of the


[page 427]

Purposes of this Act by way of Gift and without a valuable Consideration, anything in the said recited Acts or herein-before contained to the contrary notwithstanding.