5. Before their Lordships can authorise the payment of any Grant, a full and exact copy of the Deed, on plain unstamped parchment, including all signatures and endorsements, will be required to be lodged for preservation in their Office. With this parchment copy should be forwarded, for the purpose of comparison, the Deed itself, or the registered extract, and the Draft approved by their Lordships' Counsel. The Deed or Extract and the approved Draft will be afterwards returned to the Promoters. 6. If, however, the Feu-Charter of the School-site be granted by the owner of an entailed estate under the 3 & 4 Vict. c. 48, their Lordships will require (1), before the Draft is approved to see the Sheriff's decreet; and (2), when the Deed has been executed, that the same shall have been recorded in the General Register of Sasines, for publication, before the parchment copy shall be sent to this Office. 7. In comparing the Deeds, Copies, and approved Drafts which are sent from time to time to this Office in pursuance of the foregoing instructions, my Lords have had frequent occasion to note a culpable want of care in ascertaining that the Draft has been correctly engrossed before the execution of the Deed; and inasmuch as an error of this kind, being perfectly irreparable without expensive legal proceedings, may be of fatal consequence to the stability of the endowment on some future occasion, their Lordships desire to give express and formal notice that they hold themselves at liberty to treat any such error as a ground of forfeiture in respect of the grant which may have been awarded; the promoters of Schools, therefore, must exercise their own vigilance in seeing that their professional advisers attend to this part of their duty. THE DRAFT DEED MUST BE PREPARED BY FILLING UP THE BLANKS OF this PRINTED FORM. A MANUSCRIPT DRAFT CANNOT (except under special circumstances) BE SUBMITTED TO THEIR LORDSHIPS' COUNSEL, BUT WILL BE RETURNED TO THE PROMOTERS. (I)1 or (WE)1 [freely and voluntarily] or in consideration of] 2 do hereby under authority of an Act passed in the 5th year of the reign of Her Majesty Queen Victoria entituled "An Act to afford further facilities for the conveyance and endowment of sites for schools," The Education (Scotland) Act, 1872, And all other Acts powers and authorities enabling (me)1 or (us)1 1 As the case may be. 2 Erase the words in one of these two parentheses, as the case may be. 8. If the Grantor's Estate is entailed, has any 8. decreet from the Sheriff been obtained under 3 & 4 Vict., c. 48? If so, the same, or a copy of it, should be forwarded. Signed this day of 187. (Solicitor.) (Correspondent on behalf of the INSTRUCTIONS AS TO THE PREPARATION OF THE DRAFT OF THE FEUCHARTER OR DISPOSITION WHICH MUST BE SUBMITTED TO THE SCOTCH EDUCATION DEPARTMENT, FOR THE APPROVAL OF THEIR COUNSEL, BEFORE THE DEED IS EXECUTED. The Solicitor's attention is directed to the Acts relating to the Conveyance of Sites for Schools (4 & 5 Vict. cap. 38; 12 & 13 Vict. cap. and 13 Vict. cap. 13). 49; 1. The legal estate (bare trusteeship) of Schools should be vested in the School Board, who, as a Corporate Body (35 & 36 Vict. c. 62, s. 22) are competent under the Act 4 & 5 Vict. c. 38, to hold the trust in perpetuity. 2. The Deed of Conveyance must declare the land to be held for the site of a Public School, for a playground or residence for the Teacher, and for no other purpose whatever. 3. When the Draft of the Deed has been prepared, it must be transmitted to their Lordships, in order that it may be submitted to their Counsel, for his perusal. 4. When the Draft has been returned, approved by their Lordships' Counsel, it may be executed and registered according to the law of Scotland. No alteration whatever may be made in the Draft thus approved, except under the written sanction of their Lordships; otherwise the School Board will be unable, bonâ fide, to sign the Certificate of the fulfilment of the conditions on which their Lordships' Grants are made and accepted; which Certificate contains the following clause, viz. :— -"That the entire premises have been conveyed to the Board by the Deed approved in Draft by your Counsel." 5. Before their Lordships can authorise the payment of any Grant, a full and exact copy of the Deed, on plain unstamped parchment, including all signatures and endorsements, will be required to be lodged for preservation in their Office. With this parchment copy should be forwarded, for the purpose of comparison, the Deed itself, or the registered extract, and the Draft approved by their Lordships' Counsel. The Deed or Extract and the approved Draft will be afterwards returned to the Promoters. 6. If, however, the Feu-Charter of the School-site be granted by the owner of an entailed estate under the 3 & 4 Vict. c. 48, their Lordships will require (1), before the Draft is approved to see the Sheriff's decreet; and (2), when the Deed has been executed, that the same shall have been recorded in the General Register of Sasines, for publication, before the parchment copy shall be sent to this Office. 7. In comparing the Deeds, Copies, and approved Drafts which are sent from time to time to this Office in pursuance of the foregoing instructions, my Lords have had frequent occasion to note a culpable want of care in ascertaining that the Draft has been correctly engrossed before the execution of the Deed; and inasmuch as an error of this kind, being perfectly irreparable without expensive legal proceedings, may be of fatal consequence to the stability of the endowment on some future occasion, their Lordships desire to give express and formal notice that they hold themselves at liberty to treat any such error as a ground of forfeiture in respect of the grant which may have been awarded; the promoters of Schools, therefore, must exercise their own vigilance in seeing that their professional advisers attend to this part of their duty. THE DRAFT DEED MUST BE PREPARED BY FILLING UP THE BLANKS OF this PRINTED FORM. A MANUSCRIPT DRAFT CANNOT (except under special circumstances) BE SUBMITTED TO THEIR LORDSHIPS' COUNSEL, BUT WILL BE RETURNED TO THE PROMOTERS. (I)1 or (WE)1 [freely and voluntarily] or [in consideration of] 2 do hereby under authority of an Act passed in the 5th year of the reign of Her Majesty Queen Victoria entituled "An Act to afford further facilities for the conveyance and endowment of sites for schools," The Education (Scotland) Act, 1872, And all other Acts powers and authorities enabling (me)1 or (us)i 1 As the case may be. 2 Erase the words in one of these two parentheses, as the case may be. herein sell1 alienate and in feu farm dispone 2 from me my 3 of heirs and successors to and in favour of the School Board of the in Trust for the purposes of the said Acts and to be applied as a site for a Public School within the meaning of the said Education (Scotland) Act, 1872, in the 3 of for a playground for the scholars and for a residence for the Teacher or Teachers in the said school and for no other purposes whatever, all and whole that 4 which piece of ground lies within the (parish or burgh) of and County of with entry at the Term of To be holden the said subjects by the said School Board of me and my aforesaid in Feu-Farm Fee and Heritage for ever Gibing therefor yearly the said School Board to me and my aforesaid the Sum of £ Sterling in name of Feu-Duty at two terms in the year Whitsunday and Martinmas by equal portions beginning the first Term's Payment thereof at the term of next for the half-year preceding and so forth at each term of Whitsunday and Martinmas in all time coming and that for all that can be exacted for the said subjects or any part thereof in all time coming And I Assign the writs but that to the effect only of maintaining and defending my said disponees in the right of the subjects and others hereby conveyed and for that purpose I oblige myself and my aforesaid to make the same forthcoming to my said disponees on every necessary occasion upon a receipt and obligation to redeliver the same within a reasonable time and under a suitable Penalty and I assign the Rents And I bind myself to free and relieve the said School Board of all Feu-Duties Casualties and Public Burdens And I grant warrandice And I consent to Registration hereof for preservation And I direct these presents to be recorded in the General Register of Sasines for the said County of But in trust always with the powers and under the conditions provisions and declarations before referred to IN WITNESS WHEREOF. I approve of this Draft on behalf of the Scotch Education Department. 1 Omit, if the Site is given gratuitously. 2 The Words printed in old English should be similarly distinguished in engrossing. 3 Parish, Burgh, or District. 4 As the case may be. 5 Insert when necessary. PRINTED BY WILLIAM BLACKWOOD AND SONS, EDINBURGH. LAW PUBLICATIONS. COUNTY LAW. A PRACTICAL TREATISE ON THE FUNCTIONS, QUALIFICATIONS, AND DUTIES OF Committees, Local Authorities, &c. BY JOHN COMRIE THOMSON, Esq., ADVOCATE, Sheriff-Substitute of Aberdeen and Kincardine. [In Preparation. THE PUBLIC GENERAL STATUTES AFFECTING SCOTLAND PASSED IN THE THIRTY-SIXTH AND THIRTY-SEVENTH YEARS OF THE REIGN OF HER MAJESTY QUEEN VICTORIA (1873). With Index; Tables of the General, Local, and Private Acts; Tables showing the effects of the year's legislation; and Appendix containing Acts of Sederunt of the Court of Session. 8vo, cloth. Price 6s. 6d. 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