School Sites Act 1841
Encyclopedia
The Schools Sites Act of 1841 (4 & 5 Vict. c. 38) is an Act
of the Parliament of the United Kingdom
(the long title
of which is An Act to afford further Facilities for the Conveyance and Endowment of Sites for Schools) which allowed land-owners to sell or donate a maximum of one acre
of land to charities for the provision of schooling 'poor persons'. The act covered England
and Wales
and Scotland
was also covered until the Education (Scotland) Act 1942 (although any donated land in Scotland under the act prior to this was not affected by the latter act).
The act was invoked 164 years later on 27 October 2005, in the case of Fraser & Fraser v. Canterbury Diocesan Board of Finance. It was found that the Church of England
had sold land given under the act (mostly for residential developments) and had kept the proceeds, despite a provision in the act that required funds raised from selling the land to be given back the family of the original donator should the land cease to be used for educational purposes. The House of Lords
then declared the money be given to the descendants of the original donator of the land as the act required. Fraser & Fraser appeared on the BBC
1 TV program The Heir Hunters.
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of the Parliament of the United Kingdom
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
(the long title
Long title
The long title is the formal title appearing at the head of a statute or other legislative instrument...
of which is An Act to afford further Facilities for the Conveyance and Endowment of Sites for Schools) which allowed land-owners to sell or donate a maximum of one acre
Acre
The acre is a unit of area in a number of different systems, including the imperial and U.S. customary systems. The most commonly used acres today are the international acre and, in the United States, the survey acre. The most common use of the acre is to measure tracts of land.The acre is related...
of land to charities for the provision of schooling 'poor persons'. The act covered England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
and Wales
Wales
Wales is a country that is part of the United Kingdom and the island of Great Britain, bordered by England to its east and the Atlantic Ocean and Irish Sea to its west. It has a population of three million, and a total area of 20,779 km²...
and Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
was also covered until the Education (Scotland) Act 1942 (although any donated land in Scotland under the act prior to this was not affected by the latter act).
The act was invoked 164 years later on 27 October 2005, in the case of Fraser & Fraser v. Canterbury Diocesan Board of Finance. It was found that the Church of England
Church of England
The Church of England is the officially established Christian church in England and the Mother Church of the worldwide Anglican Communion. The church considers itself within the tradition of Western Christianity and dates its formal establishment principally to the mission to England by St...
had sold land given under the act (mostly for residential developments) and had kept the proceeds, despite a provision in the act that required funds raised from selling the land to be given back the family of the original donator should the land cease to be used for educational purposes. The House of Lords
Judicial functions of the House of Lords
The House of Lords, in addition to having a legislative function, historically also had a judicial function. It functioned as a court of first instance for the trials of peers, for impeachment cases, and as a court of last resort within the United Kingdom. In the latter case the House's...
then declared the money be given to the descendants of the original donator of the land as the act required. Fraser & Fraser appeared on the BBC
BBC
The British Broadcasting Corporation is a British public service broadcaster. Its headquarters is at Broadcasting House in the City of Westminster, London. It is the largest broadcaster in the world, with about 23,000 staff...
1 TV program The Heir Hunters.