l P ?H p !i li' : g^;!;g ^^ iMaraljaU lEquttg QloUwtton dtft nf iE. 3. iiatatjaU. 5I.ffi. 1. iaa4 CORNELL UNIVERSITY LIBRARY 924 084 257 587 The original of tiiis book is in tine Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924084257587 CHAEITABLE TEUSTS ACTS. THE CHAEITABLE TEUSTS ACTS 1853, 1855, 1860; THE CHAEITY COMMISSIONERS JUEISDICTION ACT, 1862; THE ROMAN CATHOLIC CHARITIES ACTS; TOGETHBK WITH A €alhttiDn ai Statutes KELATING TO OK AFFECTING CHARITIES, INeLUSIlP THE MOETMAIN ACTS. SECOND EDITION, MJt| ^sti^ 0f €mis m)s |rmknts BY HUGH COOKE, AND R. G. HARWOOD, 0¥ THE CHAKITY COMMISSION. LONDON : STEVENS AND HAYNES, Had) ^aa&MUvi antt 9wbliSl)ng, 11, BELL fAKD, TEMPLE BAR. 1867. ^C.^X57 . .^LONDON BRADBUKY, EVANS, AND CO., PRINTERS, WHITEFRIARS. THE CHAEITY COMMCSSIONEKS FOE ENGLAND. AND WALES, (by PERMISSipN) MOST RESPECTFULLY DEIMCATED. PEEFACE. Since the publication of the Firs| Edition of the Charitable Trusts Acts, we have considered that the Work might be amplified with great advantage, and with this view we have included in the second portion of the present Edition a collec- tion of Statutes, and parts of Statutes, bearing upon the general law affecting Charitable Endowments. The very full Index which is given to this Collection renders an Introduction unnecessary, and it is thought sufficient to state shortly the plan of the compilation. Part I. contains the whole of the Charitable Trusts Acts, and the Roman Catholic Charities Acts. , The portions of the Act of 1853 which have been repealed by subsequent enactments, and such parts of the Index as refer thereto, are printed in Italics. Part II. contains a general collection of Statutes, and parts of Statutes, affecting Charities. -'' The references in the Index to this portion of the Work are preceded by a reference to the Statutes to which they respectively relate. In this Part will also be found a Table of the Legacy J2 ■^111 PREFACE. Duties, payable from time to time in respect of Charities, and of the Acts by which they were imposed. Under the provisions of the Charitable Trusts Acts, 1853 and 1855, the Board of Charity Commissioners are empowered to approve, provisionally, of Schemes for the regulation of Charities, not capable of being established otherwise than by the authority of Parliament. A Table of the Acts comprising such Schemes is included in this Part. Part III. contains Notes of the more important Cases affecting Charities, decided in and subsequent to the year 1853, when the first Charitable Trusts Act was passed. The references in the Index to this portion of the "Work are, in all cases, followed by the Title of the Suit, or matter to which they relate. A few predecents, which may be found useful, in the cases to which they are applicable, have also been included in this portion of the Book. H. C. October, 1867. K. G. H. PREFACE TO THE FIEST EDITION. The provisions of " The Charitable Trusts Act, 1853,'' having been modified and extended by subsequent legislation, it has occurred to us in the course of our official duties as Clerks in the Charity Commission, that an edition of that Act, and of the subsequent Acts affecting Charitable Trusts, together with a general Index, might be of practical utility to Trustees, Clergymen, Parish Officers, Solicitors, and others engaged in the administration of Charities. These Acts have been reprinted with notes referring to such sections as are affected by more recent .enactments. The several portions of the Act of 1853 which have been re- pealed, and such parts of the index as refer thereto, are printed in italics. The index has been prepared upon an analytical principle, and the several sections of the various Acts affecting the same points are indicated by double references, the former of which denotes the section sought, and the latter that bearing upon it. In every instance the page is given in addition to the section in order to facilitate the reference. We have included in this publication the Endowed Schools Act, 1860, by which, in certain cases, the benefits of such X PREFACE TO THE FIRST EDITION. schools are extended to the children of parents not in commu- nion with the church, sect, or denomination, according to the doctrines or formularies of which religious instruction is to be afforded under the endowment; and we have also added the Minutes, of the Board of Charity Commissioners relative to the institution and conduct of their proceedings under the juris- diction created by the Charitable Trusts Act, 1860. CONTENTS. .^m' ' PAET I. PAGE Chabitable Tkttsts Act, 1853, 16 & 17 Vict. c. 137 ... 3 Charitable Trusts Amendment Act, 1855, 18 & 19 Vict. o. 124 . 43 Charitable Trusts Act, 1860, 23 & 24 Vict. c. 136 . . . . 59 ' Charity Commissioners JtrRisracTioN Act (1862), 25 & 26 Vict. c. 112 69 Roman Catholic Charities Exemption Act (1856), 19 & 20 Vict. c. 76 71 EoMAN Catholic Charities Exemption Act (1857), 20 & 21 Vict. c. 76 72 EoMAN Catholic Charities Exemption Act (1858), 21 & 22 Vict. c. 61 73 Roman Catholic Charities Act (1860), 23 & 24 Vict. c. 134 - . 74 PAET II. FAGli Charitable Uses (1601), 43 Eliz. o. 4 81 Apprentices (1609), 7 James I. c. 3, ss. 2 and 4 .... 86 Mortmain (1736), 9 Geo. II. c. 36 89 (1828), 9 Geo. IV. c. 85 92 „ (Conveyance of Land for Charitable Uses) (1861), 24 Vict c. 9 95 „ (1862), 25 Vict. c. 17 100 ,, (1863), 26 & 27 Vict. c. 106 103 Xll CONTENTS. PAOB MoETMAiN (1864), 27 Vict. c. 13 105 „ (1866), 29 & 30 Yict. c. 57 107 „ (Companies Act, 1862), 25 & 26 Vict. c. 89, s. 1, Part I., . ss. 6 and 21 110 Land Tax (Table of Acts) .... .... Ill Legacy Duty (Table of Acts and Duties) 113 „ « (Exemptions from) (1799), 29 Geo. III. c. 73, s. 1 . .113 f Assessed Taxes (Window Duty) (1808)', 48 Geo. III. c. 55, Cases II., IIL, IV. . . . 114 (Inhabited House Duty) (1851), 14 & 15 Vict. c. 36, ss. 1, 2, and 4 115 „ (Property and Income Tax) (1842), 5 & 6 Vict. c. 35, it- ss. 61 and 88 118 „ (1860), 23 Vict. c. 14, a. 10 . 123 Stamp Duties (1852), 15 & 16 Vict. c. 55, s. 13 123 Fire Insubance (1782), 22 Geo. III. c. 48, s."^ 124 Eegisteeing and Securing Charitable Donations (1812), 52 Geo. III. c. 102 124 " Church Building (1803), 43 Geo. III. c. 108 133 „ (1818), 58 Geo. III. c. 46, ss. 33, 36, 45, and 46 . 137 „ (1819), 59 Geo. III. c. 134, ». 37 . . . .140 (1822), 3 Geo. IV. c. 72, ss. 1, 11, 15 . . . I4i „ (1838), 1 & 2 Vict. c. 107, s. 9 . . .145 „ (1840), 3 & 4 Vict. c. 60, s. 19 145 „ (1845), 8 & 9 Vict. c. 70, ss. 19 and 22 . . . 143 Exchanges (of Lands subject to Charitable Purposes) (1821), 1 & 2 Geo. IV. ..92 148 >, (1846), 8 & 9 Viot. c. 118, ss. 147, and 149 to 151 159 (1846), 9 & 10 Vict. c. 70, ss. 9 to 11 . . I62 (1847), 10 &11 Vict. c. Ill, ss. 4 and 6 . . 154 CONTENTS. XUl PASE Exchanges (of Lands subject to Charitable Purposes) (1848), 11 & 12 Vict. c. 99, ss. 13 and 14 165 (1849), 12 & 13 Vict; c. 83, ss. 7 and 11 . . 167 (1852), 15 & 16 Vict. c. 79, ss. 17, 21, 29, 31 and 32 168 (1854), 17 & 18 Vict. c. 97, ss. 1 to 5 . . . 171 (1857), 20 & 21 Vict. c. 31, ss. 4 to 11 . . 173 (1859), 22 & 28 Vict. .;. 43, ss. 10 to 12 . . 176 (1862), 25 & 26 Vict. c. 108 177 CoPYaOLD Act, 1858 (Compulsory Enfranchisement) (1858), 21 & 22 Vict. li. 94, =. 15 180 Limitation of Actioss (1833), 3 & 4 Wm. IV. c. 27 . . . . 181 Municipal Corpokations Act (1835), 5 & 6 Wm. IV. c. 76, s. 71 . . 199 ,, (Amendment) (1837), 7 "Wm. IV. & 1 Vict. c. 78, ss. 45 to 48 201 Gkammae Schools (1840), 3 & 4 Vict. c. 77 203 Endowed Schools Act (1860), 23 Vict. c. 11 217 School Sites (1841), 4 & 5 Vict. c. 38 218 (1844), 7 & 8 Vict. c. 37 233 „ (1849), 12 & 13 Vict. c. 49 237 „ (Titles of Eeligious Congregations) (1850), 13 & 14 Vict. c. 28 241 (1861), 14 & 15 Vict. c. 24 246 (1862), 16 & 16 Vict. c. 49 247 „ (1855), 18 & 19 Vict. c. 131 249 LlTEKABY AND SciBNTIPIC INSTITUTIONS (1854), 17 & 18 Vict. C. 112, SS. 4, 6, 7, 10, 12 to 14, and 17 251 Ukiveesities (Colleges of Oxford and Winchester) (1854), 17 & 18 Vict. c. 81, s. 31 256 „ (Colleges of Cambridge and Eton) (1856), 19 & 20 Vict. c. 88, s. 33 257 XIV CONTENTS. PAGE Metropolis Local Management (1855), 18 & 19 Vict. u. 120, ss. 91 and 199 259 (1856), 19 & 20 Vict. c. 112, s. 3 . . . 260 Small Tenements (Recovery of Possession) (1838), 1 & 2 Vict. c. 74 . 261 (1846), 9 & 10 Vict. c. 95, s. 122 . . 268 , „ „ ,, (1856), 19 & 20 Vict. c. 108, ss. 50 to 52 270 Lands Clauses Consolidation Act, 1846, 8 Vict. o. 18, ss. 1 to 15, 69 to 83, and 95 to 98 . 272 Burial Ground (1852), 15 & 16 Vict. u. 85, =. 29 292 Rborbation Grounds Act (1859), 22 Viot. c. 27 . . . . 293 Bishops' Trusts Substitution (1858), 21 & 22 Vict. c. 71 . . . 296 Larceny Act (Fraudulent Trustees) (1861), 24 & 26 Vict. c. 96, ss. 1, * 80, and 86 298 Investment of Trust Funds (1867), 30 & 31 Vict. c. 132 . . . 301 Parliamentary Schemes (Table of) 303 ' Minutes of Board 304 PART III. PAGK Notes of Cases in and subsequent to the year, 1853 . . 309 PRECEDENTS. I. Declaration of Trust 343 II. Conditions of Sale 344 III. Conveyance of Charity Lands 345 TABLE OF CASES. Alexander v. Brame, 328 Alexander, Jefferies v. 329 Alloroft, Dent v. 321 Anderson v. "Wrights of Glasgow, 312 Annitage, Calvert v. 322 Ashton's Charity, in re, 313 Ashton, Ion v. 328 Ash ton V. Jones, 324 Ashton V. Lord Langdale, 328 Attorney-General v. Anst, 311 — — Beverley v. 313 — — V. Blizard, 315 — — ■». Boucherett, 330 — — V. Calvert, 337 — — V. Cambridge (Tri- nity College), 123 — — V. Clapham, 312, 340 — — V. Craven (Earl) 315, 316 — — V. Clifton, 335, 336 — — u. Cooper, 310 — — Daly V. 317 _ V. Davey, 320 — — V. Dedham Gram- mar School (Governors), 333,334 — — V. Eastlake, 315 ^ — V. Exeter (Mayor &c., of), 339 — — «/. Gloucester (Cor- poration), 334 — — V. Gould, 341 — — V. Greenhill, 319 — — V. Haberdashers' Co., 336, 337 Attorney-General v. Hall, 319 — — V. Jesus College, Oxford, 314 — — V. Love, 309 — — V. Magdalen Col- lege, Oxford, see St. Mary Magdalen, Oxford v. Attorney- General, 319 — — V. Manchester (Bishop of), 316, 317 — — V. Marchant, 332, 333 — — Marsh v. 325 — — V. Moor, 329 — — V. Payne, 319 — — V. PhUpott, 332 — — V. Rochester (Cor- poration), 341 — — v. Euper, see De Windt V. De Windt, 331 — — V. St. Cross Hos- pital, 333, 340 — — V. St. John's Hos- pital (Bath), 319, 333 — — V, St. John's Hos- pital (Bedford), 333, 341 — — St. Mary Mag- dalen u. 319 — — V, Sherborne Gram- mar School, 336 — — 1). Sidney Sussex College, Cambridge, 317 — — Southmolton (Mayor, &o,, of), v. 314 1 — — V. West, 341 TABLE OF CASES. Attorney-General v. "W^indsor (Dean and Canons of), 313 — — V. York (Arch- bisiiopof), 331, 335 • Aust, Attorney-General ». 311 Badlet, Brook v. 324 Badley, Jones v. 327 Baker, Foord v. 340 Baker v. Lee, in re llrainster School, 339, 340 Barclay v. Maskelyne, 315 Bardsley, Bamaby v. 325 Barlow, Church Building Society v. 322 Barnaby v. Bardsle.y, 325 Barnett, in re, 311 Bath (Marquis), Wiokham v. 324 Bath, St. John's Hospital, Attorney- General V. 319 Beaumont, in re, 329 Bedford, St. John's Hospital, Attorney- General V. 333, 341 Borkhampstead School Case, in re, 334, 336 Beverley (Mayor) v. Attorney-General, 313 Bierton Charity Land, in re, 338, 339 Bingley Free School, in re, 311 Birmingham Blue Coat School, in re, 317 Blizard, Attorney-General v. 315 Blundell, i/ti re, 331 Booth, in re, 312, 313 Booth V. Carter, 322 Boucherett, Attorney-General v. 330 Bownas, Dunn v. 321 Brame, Alexander v. 328 Bridewell Hospital, m re, 333 Brierley, Fisher v. 322 Briggs V. Chamberlain, 321 Bristol Grammar School, in re, 334 Bromptou (The Incumbent of), ex parte, 309 Brook V. Badley, 324 Bunting v. Marriott, 311, 328 Calvebt v. Armitage, 322 Calvert, Attorney-General v. 337 Cambridge (Trinity College), Attorney- General V. 312 Cambridge (Sidney Sussex College), Attorney- General v. 317 Canterbury (Guardians) v. Canterbury (Mayor, &c.), 335 Carne v. Long, 330 Carter, Booth «. 322 Carter ». Green, 320 Cawood V. Thompson, 325, 326 Chamberlain, Briggs v. 321 Chapman, Heath v. 331 Chelmsford Grammar School, mre, 336 Christ's Hospital, in re, 324 Church Building Society v. Barlow, 322 Church Building Society v. Coles, 322, 323 Clancy, in re, 325 Clapham, Attorney- General v, 312, 340 Clifton, Attorney-General o. 335, 336 Colchester (Lord) v. Kewney, 318, 319 Coles, Churclx Building Society v. 322, 323 CoUett, Thrupp v. 316 Colston's Hospital, in re, 337 Cooper, Attorney-Gengral v. 310 Corby, Thomson v. 315 Corporation of the Sobs of the Clergy V. Sutton, 314, 332 Crafton v. Frith, 322 Cramp v. Playfoot, 326 Craven, (Earl) Attorney-General v. 315, 316 Creed, Girdlestone v. 320 Crewe-Read, Sewell v. 324 Cross, in re, 319 Cumberlege, Ware v., see Edwards i'. Hall, 323 Daly v. Attorney- General, 317 Danby, Trimmer v. 325 Davey, Attorney-General v. 320 Dedham Grammar Schools (Go- ,vernors}, Attorney-General v. 333, 334 TABLE OF CASES. Dent V. Alleroft, 321 Denton v. Manners (Lord), 329 Denton, Salusbury v. 326 De Windt v. De "Windt, 331 Donington op Bain, in re, 339 Donuington Hospital, Wycombe Rail. Co. V. 318 Drummond, Tatham ». 328, 329 Duncan, in re. In re Taylor's Trusts, 315 Dunn V. Bownas, 321 . Eastlakb, Attorney-General v. 315 East, "Way v. 320 • Edwards v. Hall, 323 Exeter (Mayor, &c. of), Attorney- General V. 339 Favbbsham Charities, in re, 318 — (Mayor, &o.) v. Ryder, 325 Fisher v. Brierley, 322 Flowers, Newsome v. 311 Foordi;. Baker, 340 Ford's Charity, m re, 310 Fowler v. Fowler, 338 Frith, Grafton v. 322 GiRDLBSTOKE V. Creed, 320 Glasgow ("Wrights of), Anderson v, 312 Gloucester (Corporation), Attorney- General V. 334 Gloucester Charities, in re, 340 Glynn, Morris t>. 328 Gould, Attorney-General v. 341 Gowland, Langford v. 316 Graham v. Paternoster, 829 Green, Carter v. 3'20 GreenhiU, Attorney-General v. 319 Habekdashbr's Co., Attorney-Ge- neral V. 336, 337 Hackney Charities, in re, 309 Hall, Attorney-General v. 319. Hall, Edwards v. 323 Hall V. "Warren, see "Wan-en v. Rudall, 321 Halye, in re, 340 Hamilton v. Spottiswoode, 314, 31 5 Harrison v. The Corporation of South- ampton, 326 Hartshome v. Nicholson, 325 Hawkins, in re, 323 Hayter v. Tucker, 327 Heath v. Chapman, 331 HipweU, "Ward v. 312 Hoare v. Osborne, 338 Hopkins ». Phillips, 322 Howe, Thornton i). 316 Hume, "Whicker v. 315, 324 Huntingdon Municipal Charities, in re, 339 Hussey, in re, 309, 310 Ilminster Free School, in re, see Baker v. Lee, 339, 340 Ion V. Ashton, 328 Jarvis, in re, .310 Jefferies v. Alexander, 329 Jesus College, Oxford, Attorney- General V. 314 Jones, Ashton v. 324 Jones D. Badley, 327 Jones, Lucas v. 825 Kempson, Thornton v. 328 Kewney, Colchester (Lord) v. 318, 319 Lambert, Milbank v. 329 Lambeth Charities, im re, 332 Lancaster Charities, m re, 339 Langdale (Lord), Ashton v. 328 Langford v. Gowland, 316 Langham's Trust, in re, 327 Lathropp's Charity, in re, 318 Laughlin v. Saffron Hill (Overseers), 330, 331 Lee, Baker v. 339, 340 Licensed "Victuallers Society v. St. Mary, Lambeth (Overseers), 330 Lincoln Primitive Methodist Chapel, im, re, 312 Linley v. Taylor, see Taylor v. Linley, 328 xvm TABLE OF CASES. Lister's Hospital, in re, 310 ' London, Brighton and South Coast Rail., m re, 818 Long, Carne'i). 330 Love, Attorney-General v. 309 Lucas ». Jones, 325 Magdalen College, Oxford, Attor- ney-General ». 31 9 Manchester (Bishop of), Attorney- General II. 316, 317 Manchester Free Grammar School, m re, 334 Manners (Lord), Denton v. 329 Marchant, Attorney- General v. 332, 333 Marine Society, Symonds v. 324 Marriott, Bunting v. 311—328 Marsh ». Attorney-General, 325 Martin v. Wellsted, 321 Maskelyne, Barclay v. 315 Meyriok's Charity, in re, 311 Michel's Trust, in re, 316 Milbank v. Lambert, 329 Moor, Attorney- General v. 329 Mon-is M. Glynn, 328 Myers v. Perigal, 327 Newsome v. Flowei-s, 311 Nicholson, Hartshorne v. 325 OsBOKNB, Hoare v. 338 Oxford, Jesus College, Attorney-Ge- ■ neral ». 314 Oxford, St. Mary Magdalen, Attor- ney-General V. 319 Parkee, im. re, 316 Paternoster, Graham ii. 329 Payne, Attorney-General v. 319 Perigal, Myers v. 327 Phillips, Hopkins v. 322 PhUpott, Attorney-General v. 332 Philpottu. St. George's Hospital, 320, 321, 332 Playfoot, Cramp v. 326 Eeg. V. Stapleton, 331 Reg. V. Temple, 330 Eickard *. Robson, 338 Eickard, m re, 338 Rigley, in re, 338 Robson, Rickard v. 338 Rochester (Corporation), Attorney- General ■u. 341 EoUes' Charity, in re, 338 Rudall, Warren v. 321 Euper, Attorney-General o., see De Windt V. De "Windt, 331 Ryder, Faversham (Mayor, &c.) v. 325 St. Ckoss Hospital, Attorney-Ge- neral V. 333, 340 St. George, Blooinsbury, in re, and St. GUes, 310, 311 St. George's Hospital, Philpott v. 320, 321, 332 St. Giles and St. George Blooiiisbury, m re, 310, 311 St. Giles Volunteer Corps, in re, 310, 311 St. John's Hospital (Bath), Attorney- General «. 319, 333 St. John's Hospital (Bedford), Attor- ney-General V. 333, 341 St. Mary Lambeth (Overseers), Licensed Victuallers Society v. 330 St. Mary Magdalen, Oxford v. Attor- ^ney-General, 319 Saffron Hill (Overseers), Laughlin r. 330, 331 Salusbury v. Denton, 326 Sewell V. Crewe-Eead, 324 Shadbolt i>. Thornton, see Lucas v. Jones, 325 Sherborne Grammar School, Attor- ney-General V. 336 Sidney Sussex College, Cambridge, Attorney-General «. 317 Southampton (Corporation of), Har- rison V. 326 Southmolton (Mayor, &o. of) ». At- torney-General, 314 Spottiswoode, Hamilton v. 314, 315 TABLE OF CASES. XIX Stafford Charities, in re, 337 Stapleton, Eeg. v. 331 Storie, in re, 834 Sutton, Corporation^of the Sons of the Clergy v. 314, 332 Sweetings. Sweeting, 33S Symonds v. Marine Society, 324 Tatham v. Drummond, 328, 329 Taylor's Trusts, in re, see Dnncan, in re, 315 Taylor v. Linley, 328 Tebbs, "Wallgrave v. 326, 327 Temple, Eeg. v. 330 • Thompson, Cawood v. 325, 326 Thomson v. Corby, 315 Thomher v. "Wilson, 324 Thornton v. Howe, 316 Thornton v. Kempson, 328 Thornton, Shadbolt v. see Lucas v. Jones, 325 Thrupp V. Collett, 316 Trimmer v. Danby, 325 Tucker, Hayter v. 327 UNniESiTY of London i>. Yarrow, 315. Varteg Iron Works, Wesleyan Chapel, in re, 339 "Wallgrave v. Tebbs, 326, 327 "Ward V. HipweU, 312 "Ware v. Cumberlege, see Edwards o. Hall, 323 "Warren, Hall v. ; "Warren v. Eudall ; Hall V. "Warren, 321 "Watford Burial Bd., ex parte, 310 "Way V. East, 320 Wellsted, Martin v. 321 "West, Attorney-General v. 341 "Whicker v. Hume, 315, 324 "Wickham v. Bath (Marquis), 324 "Willenhall Chapel Estates, in re, 310 "Wilson, in re, 314 "Wilson, Thomber v. 324 Windsor (Dean and Canons), Attor- ney-General V. 313 "Wrights of Glasgow, Andersons. 312 "Wycombe Bail. Co. v. Dounington Hospital, 318 Yarrow, UniTersity of London s. 315 York (Archbishop of), Attorney- General V. 331, 335 PAET I. — ♦ — CHARITABLE TRUSTS ACT (1853) 16 & 17 Yioi. c. 137. CHARITABLE TRUSTS AMENDMENT ACT . . . (1856) 18 & 19 Viot. c. 124. CHARITABLE TRUSTS ACT . . ... . (1860) 23 & 2i Viot. c. 136. CHARITY COMMISSIONERS JURISDICTION ACT . (1862) 25 & 26 Viot. c. 112. ROMAN CATHOLIC CHARITIES EXEMPTION ACT . (1866) 19 & 20 Viot. c. 76. ROMAN CATHOLIC CHARITIES EXEMPTION ACT . (1857) 20 & 21 Viot. c. 76. ROMAN CATHOLIC CHARITIES EXEMPTION ACT . (1858) 21 & 22 Viox. c. 51. ROMAN CATHOLIC CHARITIES ACT . . . (1860) 23 & 24 Viot. c. 134. CHARITABLE TRUSTS ACTS. 16 & 17 VICT. Cap. 137. An Act for the better Administration of Charitable Trusts. [20th August, 1853.] Whereas it is expedient to provide means for securing the due administration of charitable trusts, and for the more beneficial application of charitable funds in certain cases : 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 : — I. It shall be lawful for Her Majesty and her Her Majesty successors, by warrant under the royal sign manual, «™P°.^^''ed to to appoint four commissioners, and also one secretary commissioners, and two (a) inspectors, for the purposes of this Act, and^jp^gtors.*" upon any vacancy by the death, resignation, or removal of any commissioner, secretary, or inspector under this Act, from time to time in like manner to appoint another person to succeed to such vacancy, and until a fresh appointment shall be made it shall be lawful for the surviving or continuing commissioners, in case of any vacancy, to act as if no such vacancy had occurred ; and (a) See "Charitable Trusts Amendment Act, 1855," sec. 3, post, p. 43. b2 4 CHARITABLE TRUSTS. [16 & 17 Vict. three of the Said commissioners shall hold office during good behaviour; and the fourth, and every secretary and inspector to be appointed under this Act, shall hold office during the pleasure of Her Majesty. Qualification of II. The said three commissioners so holding office commissioners. ^^^^^^ g^^^ behaviour shall be paid as hereinafter mentioned, and two at least of the said paid commis- sioners for the time being shall be barristers-at-law of not less than twelve years standing at the time of their respective appointments, and one of such barristers shall be the chief commissioner, and shall be so called and distinguished in his appointment. # Officers of the III. The Said commissioners, with the sanction of the °*"^ ■ commissioners of Her Majesty's treasury, shall from time to time appoint such clerks and messengers as the said commissioners may think fit, and all persons appointed under this provision shall hold their offices during the pleasure of the said commissioners. Salaries. IV. There shall be paid to the said paid commis- sioners, and to the said secretary, inspectors, clerks, and messengers, such salaries not exceeding for the chief commissioner the annual sum of one thousand five hundred pounds, and for each of the other paid commis- sioners the annual sum of one thousand two hundred pounds, and for the said secretary the annual sum of (6) six hundred pounds, and for each of the said inspectors the annual sum of eight hundred pounds, as shall be from time to time allowed by the commissioners of Her Majesty's treasury, who may also allow to every commis- sioner, inspector, and other person appointed for the purposes of this Act such reasonable travelling and other expenses as may be incurred by him in the execution of his office ; and the said salaries and expenses, and the (6) See "Charitable Trusts Act, 1860," sec. 22, post p. 68. C. 137.] CHARITABLE TRUSTS ACT, 1853. 5 incidental expenses of the said board, shall he paid out of any monies which may he from time to time provided by parliament for that pm^pose : provided always, that after the thirty -first day of March in the year one thousand eight hundred and fifty-seven, the said annual salary shall be paid to one only of the said commissioners besides the said chief commissioner (c). V. No paid commissioner, secretary, or inspector to No paid com- be' appointed under this Act shall be capable of sitting "gj^^^^or^n. in the House of Commons during the tenure of his sp^<'*°''*<'^i*i"' ~i House of Oom- Omce. mons. VI. The said commissioners to be appointed under Style of eom-' this Act shaU be styled " The Charity Commissioners "If sTI^l'"' for England and Wales," and may have and use a seal ^oard. for authenticating documents, and such commissioners shall sit from time to time as a board for carrying this Act into execution ; and any two of such commissioners may form a board, and may exercise all or any of the powers conferred on the commissioners or the board by this Act. >r VII. The said board shall, by general minutes (d), Board to frame from time to time prescribe regulations for their pro- „^"gg '"^' ceedings, and the proceedings of their inspectors, and concerning the form and manner of applications to the said board, and the conditions to be performed by applicants, and for the guidance of applicants in relation thereto, and all such general minutes shall be signed by three of the said commissioners at the least ; and copies of aU such general minutes shall be laid before both houses of parliament within fourteen days after the making thereof if parliament be sitting, or if parliament be not sitting, then within fourteen days after the next meeting thereof. (c) See " Charitable Trusts Amendment Act, 1855," sec. 2, post, p. 43. {d) See "Charitable Trusts Act, I860," sec. 21, post, p. 68. 6 CHAEITABLE TRUSTS. [16 & 17 VlCt. Mintiteaofpro- VIII. The Said board shall cause minutes of their ordCTs^&T^o proceedings, and all orders, certificates, and schemes, beentered,"and made or approved by them under this Act, to be entered tosstd'by in books to be provided and kept for such purpose, and the secretary to all such entries shall be signed by their secretary (e), and evidence!"* '" all copies purporting to be extracted from the books of the said board, and to be certified by their secretary, of any such minutes, orders, certificates, and schemes entered as aforesaid, shall be received as evidence of the proceedings to which such minutes shall relate, and of such orders, certificates, or schemes, and of the making or approval thereof (as the case may require) by the said board, -without further proof thereof. Board to in- IX. It shall be lawful for the said board from time to quire into con- ^{^q ^s they in their discretion may see fit, to examine dition and ma- ' *' . / , nagement of and inquire into all or any charities m England or Wales, chanties. ^^^ ^j^^ nature and objects, administration, management, and results thereof, and the value, condition, management, and application of the estates, funds, property, and income belonging thereto ; and the said board may cause examin- ations and inquiries in relation to the matters aforesaid to be made and prosecuted by their inspectors, acting together or separately, in such cases and at such times as the said board may think fit ; and all such inspectors shall from time to time report their proceedings to the said board (/). Power to re- X. The Said board may require all trustees or persons SS'ente. ^'=*'i"g °^ having any concern in the management or administration of any charity, or the estates, funds, or property thereof, to render to the said board, or to their inspectors, or either of them, accounts and statements in writing in relation to such charity, or the funds, estates, property, income, or monies thereof, or the administra- (e) See "Charitable Trusts Amendment Act, 1855," sec. 5, post, p. ii. (/) Kxtended. See "Charitable Truste Amendment Act, 1855," sec 6. post, p. 44. ' -. I ■ . C. 137.] CHARITABLE TRUSTS ACT, 1853. 7 tion, management, and application thereof, and may also require such trustees and persons to return answers in writing to any questions or inquiries addressed to them by the direction of the said hoard relating to the matters aforesaid (g). XI. All officers having the custody of enrolments. Officers having decrees, reports, records, and other documents relating °°^^g'^^f„^"'^ to or concerning any charity shall furnish such copies "opies and ex- or extracts as shall be required by the said board ; and quired by every inspector, secretary, and other officer of the said ^°^^^- board for the time being employed for the purposes of this Act shall be at liberty, by the authority and under the directions of the board, and subject to such regu- lations as the board may make in that behalf, to examine and search the registers and records of every court of law and equity, and every ecclesiastical court, and every public registry and office of records, and to take -copies of and extracts from any decree or document Recorded or registered or deposited therein respectively, for any purpose contemplated by this Act, without fee or other payment in respect thereof. XII (/i). Any inspector acting under the authority of Inspector may the said board may, by precept under his hand, subject nesses°on'oatii. to such regulations as the said board may make in that behalf, require any person, being a trustee of any charity or otherwise acting or having any concern in the manage- ment or administration of any charity, or of the estates, funds, or property thereof, or in the receipt or payment of the income or monies thereof, or deriving any income or stipend therefrom, to attend before such inspector for the purpose of being examined by him touching or relating to such charity, or the estates, funds, property, or income thereof, at any time and place mentioned or appointed by such precept, and to bring and produce any (g) See "Charitable Trusts Amendment Act, 1865," see. 6, pest, p. ii. (A) Extended. See Id. sec. 7, post, p. 45. CUAEITABLE TRUSTS. [16 & 17 Vict. deed (i), paper, writing, instrument, or other document, being in the custody, possession, or power of such person, and relating to such charity, or the estates, funds, property, or income thereof, and may examine upon oath all persons attending in pursuance of such precept, and all persons voluntarily attending before him, and may administer such oath : provided always, that no person shall be obliged to travel in obedience to any such precept more than ten miles from his place of abode. ! giving XIII. If any person wilfully give false evidence upon guilty of amis- ^^y examination under this Act, every person so offend- demeanor. JQg shall be deemed guilty of a misdemeanor. Person refusing XIV. If any person from whom the said board, or any aoeounts, &c., inspector, is authorized to require any account or state- to be deemed ment or answers to any questions or inquiries, or whose guilty of a con- . . ,., tempt of court, attendance any inspector is authorized to require, shall refuse or wilfully neglect to render to the said board such account or statement, or to make answers to such questions or inquiries, or to attend in obedience to any lawful precept of any inspector or to give evidence before him, or shall wilfully alter, destroy, withhold, or refuse to produce any deed, paper, writing, instrument, or other document which may be lawfully required to be produced before any inspector or the said board, every person so offending shall be deemed and taken to have been guilty of a contempt of the High Court of Chancery, and shall be liable to be attached and committed by such court on summary application by the commissioners to the same, and shall pay the costs of and attending such contempt as the said court shaU direct {j). Saving for per- XV (k). Provided always, that nothing herein contained Bdverse™to^ shall extend to give to the said board or their inspectors charities. (t) See " Charitable Trusts Act, 1860," sec. 19, post, p. 68. (j) See "Chaiitable Trusts Amendment Act, 1855," sec. 9, post, p. 45. (k) See Id. sec. 6, post, p. 44. ' e , r C. 137.] CHARITABLE TRUSTS ACT, 1853. 9 any power of requiring from any person holding or claiming to hold any property whatsoever adversely- to any charity, or free or discharged from any charitable trust or charge, any information, or the production of any deed or document whatever in relation to the property so held or claimed adversely, or any charitable trust or charge alleged to affect the same. XVI. The said board shall receive and consider all Board to entef- applications which may be made to them by any trustee tbns^for their or other person having any concern in the management opinion or ad- or administration of any charity, for their opinion, advice, or direction respecting such charity, or the management or administration thereof, or the estate, funds, property, or income thereof, or the application thereof, or any question or dispute relating to the same respectively, and, if they so think fit, may upon any such application give such opinion or advice as they think expedient, subject to any judicial order or direction which may be subsequently made or given by any com- petent court or judge ; and such opinion or advice shall be in writing (Q, signed by two or more of the said commis- sioners, and sealed with the seal of the said commission ; and every trustee and other person who shall act upon Persons acting or in accordance with the opinion or advice given by the toard'to\e in- said board shall in respect of so acting be deemed and demnified. taken, so far as respects his own responsibility, to have acted in accordance with his trust; and no such judicial order or direction subsequently made or given by any court or judge shall have any such retrospective effect as to interfere with or impair the indemnity by this Act given to trustees and other persons who have acted upon or in accordance with such opinion or advice of the said board : provided always, that nothing herein contained shall extend to indemnify any trustee or other person for any act done in accordance with the opinion or advice of (Z) See "Charitatle Trusts AmeDdment Act, 1855," see. 4, post, p. ii. 10 CHARITABLE TRUSTS. [16 & 17 Vict. the said board, if such trustee or other person have been guilty of any fraud or wilful concealment or misrepresen- tation in obtaining such opinion or advice. Notice ofiegal XVII. Before any suit, petition, or other proceeding to any charity* ("^0* being an application in ' any suit or matter actually by any person, pending) for obtaining any relief, order, or direction except the at- ° , . i -^ zi. i j. torney-general, Concerning or relating to any charity, or tne estate, the''boMd" *" ^"'^^S' property, or income thereof, shall be commenced, presented, or taken, by any person whomsoever, there shall be transmitted by such person to the said board notice in writing of such proposed suit, petition, or proceeding, and such statement, information, and par- ticulars as may be requisite or proper, or may be required from time to time by the said board, for explaining the nature and objects thereof; and the said board, if upon consideration of the circumstances they so think fit, may, 1 by an order or certificate signed by their secretary, ^ authorize or direct any suit, petition, or other proceeding u Cm to be commenced, presented, or taken with respect to ^ ., such charity, either for the objects and in the manner ^ X specified or mentioned in such notice, or for such other >i ''v/^ objects, and in such manner and form, and" subject to I ^ such stipulations or provisions for securing the charity \ ^ against liability to any costs Or expenses, and to such .0 ^ other stipulations or provisions for the protection or y benefit of the charity, as the said board may think X proper ; and such board, if it seem proper to them, may by such order or certificate as afqresaid require and direct that any proceeding so authorized by them in respect of any charity shall be delayed during such period as shall seem proper to and shall be directed by such board ; and every such order or certificate may be in such form and may contain such statements and particulars as such Courts not to board shall think fit; and (save as herein otherwise entertain pro- -j j\ -j. ,• ■ .-i ceedingsasto proviaeQj no suit, petition, or other proceeding for charities, ex- obtaining any such relief, order, or direction as last cept npon cer- , -j ■■ ii i ^-^.i^u. a.a ±aaii aioresaid shall be entertained or proceeded with by the C. 137.] CHARITABLE TRUSTS ACT, 1853. 11 Court of Chancery, or by any court or judge, except upon tificate of the and in conformity with an order or certificate of the said ^'""''^• board : provided always, that this enactment shall not extend to or affect any such petition or proceeding in which any person shall claim any property or seek any relief adversely to any charity. XVIII. Provided always, that it shall be lawful for Saving for the Her Majesty's attorney-general acting ex officio to make raUctlng^S*' such applications, and take and prosecute such pro- officio. ceedings with respect to any charity, in the Court of Chancery or otherwise, as to him may seem fit, as if this Act had not been passed ; and that nothing in this Act contained shall be construed as dispensing with the fiat or allowance of Her Majesty's attorney-general, with respect to any proceeding not being an application under the jurisdiction created by this Act, where such fiat or allowance was necessary before the passing of this Act. XIX. Provided also, that where upon any report of any Board may, inspector under this Act or otherwise it appears to the ''po»t'ie«port ^^ ... of an inspector, said board that any suit, petition, or other proceeding authorize pro- concerning or relating to any charity, or the estate, funds, no*no°tfce has"^^ property, or income thereof, would be proper or expedient, teen giTen to it shall be lawful for the said board by their order to in other oases authorize or direct such suit, petition, or proceeding to '^'?l® '°™'\?°r ^ ^ . ° quines by their be commenced, presented, or taken, and to give such inspector. directions in relation thereto as the said board may think proper ; and thereupon such suit, petition, or proceeding may be commenced, presented, or taken accordingly, without any such previous notice in writing as herein- before mentioned ; and the said board, before giving any such opinion, advice, or direction upon any such applica- tion as aforesaid, or making any such order or certificate after notice to them as aforesaid, may, where local inquiry appears to them to be requisite, cause such inquiry to be made by one of their inspectors ; and the said board 12 CHARITABLE TRUSTS. [16 & 17 Vlct. may, in any case where they see fit, before acting upon the report of any inspector, cause such report to be deposited for local inspection, and give notice of the same being so deposited, and consider any statements or objections ■which may be transmitted to them in relation thereto. Power for XX. In any case in which it shall appear to the said ceTain ca'^ to ^oard that the institution of legal proceedings is requisite the attorney- or desirable with respect to any charity, or the estates, general. funds, property, or affairs thereof, and that under the circumstances thereof it is desirable that such pro- ceedings should be instituted by the attorney-general, it shall be lawful for the said board, if they so think fit, to certify such case, in writing under the hand of the secretary of the said board, to Her Majesty's attorney- general, together with such statements and particulars (if any) as in the opinion of the said board may be re- quisite or proper for the explanation of such case ; and thereupon the said attorney-general, if upon considera- tion of the circumstances he think fit, shall institute and prosecute such legal proceedings as he shall consider requisite or proper under the circumstances of such case, by information or petition in the Court of Chancery, or by application to a judge thereof at chambers, or to a district court of bankruptcy, or county court under the jurisdiction given by this Act. Board may XXI. If in any case it appear to the trustees or ^g kaMs"*'''^' persons for the time being acting in the administration working mines, or management of any charity, or the estates or property andfmprove- thereof, that any part of the charity lands or estates may ments ; jje beneficially let on building, repairing, improving, or other leases, or on leases for working any mine, or that the digging for or raising of stone, clay, gravel, or other minerals, or the cutting of timber, would be for the benefit of the charity, or that it would be for the benefit of such charity that any new road or street should be formed or laid out, or any drains or sewers made through C. 137.] CHARITABLE TRUSTS ACT, 1853. 13 any part of the charity estates, or that any new building should be erected, or that any existing building should be repaired, altered, rebuilt, or wholly removed, or that any other improvements or alterations in the state or condition of the lands or estates of such charity should be made, it shall be lawful for such trustees or persons to lay before the said board a statement and proposal in relation to any of the matters aforesaid ; and it shall be lawful for the said board, if they think that the leases or acts to which the statement and proposal relate (with or without modifications or alterations) would be bene- ficial to the charity, to make such order under their seal for and in relation to the granting of such leases (m), or the doing of any other such acts as aforesaid, and any circumstances connected therewith, as they may think fit, although such leases or acts respectively shall not be authorized or permitted by the trust (n) ; and the and may a«- said board, by any such order, may authorize the appli- pUeatfonofthe cation of any monies or funds belonging to the charity charity funds ^ • 1 J ■/• or the raising for any of the purposes or acts aforesaid, and, if neces- of money on sary, may authorize the trustees to raise any sum oi'^^^^^"'^ money by mortgage of all or any part of the charity estates (o) ; provided that compulsory provisions be reserved in every such mortgage for the payment of the principal money borrowed by annual instalments, and for the re- demption and re-conveyance of the mortgaged estates, within the period of not more than thirty years {p). XXII (g). It shall be lawful for the board, upon proof Commissioners to their satisfaction that any schoolmaster or school- J°„g^g3"o re- mistress or other officer of any charity has been neg- move officers. ligent in performing his or her duties, or that he or she is unfit or incompetent to discharge them properly, either from immoral conduct, age, or any other cause what- (m) See "Charitable Trusts Amendment Act, 1856," sec. 29, post, p. 52. (n) See Id. sec. 38, post, p. 55. (o) See "Charitable Trusts Act, 1860," sec. 15, post, p. 66. (p) See "Charitable Trusts Amendment Act, 1866," sec, 30, post, p. 52, (q) See "Charitable Trusts Act, 1860," sec. 2, post, p. 60. 1^ CHARITABLE TEUSTS. [16 & 17 Vict. soever (r), to empower the trustees of sueh charity to remove such schoolmaster or mistress or other oflBcer, and to charge the salary of his or her successors, or any other portion of the revenues of the charity, with such retiring pension or allowance, if any, in favour of the person so removed, and generally to impose such con- ditions as to the said board shall appear proper: provided always, that where there shall be any special visitor of the charity, the consent of such visitor, in writing under his hand, shall be necesiary in order to such removal. Board may XXIII. If in any case it appear to the trustees or promise of persons acting in the administration of any charity that claims on be- any claim or demand or cause of suit against (s) any ' person in relation to such* charity may, with advantage to the charity, or should, under the special circumstances . of the case, be compromised or adjusted without taking or without continuing any proceedings at law or in equity, such trustees or persons may, or the person against whom such claim, demand, or cause of suit exists or is alleged to exist, may, with the consent of the trustees or persons acting in the administration of such charity, submit to the said board a statement and pro- posal for such compromise or adjustment; and if it appear to the said board after sueh inquiry in relation thereto by one of their inspectors, as they may deem requisite, or otherwise, that such proposal, either with or without any modification, is fit and proper, and for the benefit of the charity, it shall be lawful for the said board to make such order for and in relation to such compromise or adjustment as they may think fit; and upon the due performance of the terms and conditions of such compromise or adjustment as aforesaid, such agree- ment shall be a final bar to all actions, suits, claims, and demands by or on behalf of the charity concerned (r) See " Charitable Trusts Act, 1860," see. 14, poet, p. 65. (») See "Charitable Trusts Amendment Act, 1855," sec. 31, podt, p. 53. C. 137.] CHARITABLE TRUSTS ACT, 1853. 15 therein, in respect, to the cause of action, suit, or matter in respect to which such compromise or adjustment shall have been made. XXIV. Upon application to the said hoard by the Board, under . . i- • ai. J • • i i- n special circum- trustees or persons acting in the administration of any stances, may charity, representing to the said board that, under the aottorize sale .,. . 1111. i"'' exchange of special circumstances of any land belonging to the charity lands. charity, a sale (t) or exchange (m) of such land can be . effected on such terms as to increase the income of the charity, or would otherwise be advantageous to the charity, such board may, if they think fit, inquire into such circumstances, and if after inquiry they are satisfied that the proposed sale or exchange will be advantageous to the charity may authorize the sale or exchange, and give such directions in relati(m thereto, and for securing the due investment (a;) of the money arising from any such sale, or by way of equality of exchange for the benefit of the charity, as they may think fit (j/). XXV. The said board shall have authority, upon such Board may au- application as aforesaid, to authorize the sale to the demption of owners of the land charged therewith of any rentcharge, rent-ohargea. annuity, or other periodical payment charged upon land, and payable to or for the benefit of any charity, or applicable to charitable purposes, upon such terms and conditions as they may deem beneficial to the charity, and to give such directions for securing the due invest- ment of the money arising from such sale for the benefit of the charity, or for securing the due application thereof to such charitable purposes as they may think fit ; and in like manner the trustees of any charity, with the consent of the board, may purchase any rentcharge or other yearly payment to which the charity estate is or shall be liable. («) See "Charitable Trusts Amendment Act, 1856," sec. 29, poa, p. 62. (m) See Id. sec. 32, post, p. 63. \x) See Id. sects. 36, 36, post, p. 64. (n) See Id. sect. 38, pott, p. 55. 16 CHAEITABLE TRUSTS. [16 & 17 VlCt. Leases, sales, XXVI. The leases, sales, excl^nges, and other by t'he"board to transactions authorized by such board under the powers beTalid. of this Act shall have the like effect and validity as if they had been authorized or directed by the express terms of the trust affecting the charity («). Truateesofcha- XXVII. Where any land shall be required for the to purchase erection or construction of any house or building, with Bites for build- or without garden, playground, or other appurtenances, under disabi- for the purposes of any charity (a) and the trustees of the cordbg^to^the ^^'^'''^^V ^^^^^ ^^ legally authorized to purchase and hold provisions of sibch land, but by reason of the disability of any person Lands Clauses ,. ,. • ,. j. • i.ij e Consolidation havmg an estate or interest m such land, or oi any Act, 1845. defect in title thereto, a valid and perfect assurance of the same land cannot be made to the trustees of the charity in the ordinary manner, it shall be lawful for the trustees of the charity, with the sanction of the said board (such sanction to be certified under the hand of their secretary), to take and purchase such land according to the provisions of " The Lands Clauses Consolidation Act, 1845;" and for that purpose all the clauses and provisions of the last-mentioned Act with respect to the purchase of lands by agreement, and with respect to the purchase money or compensation coming to parties having limited interests, or prevented from treating, or not making a title, and also with respect to conveyances of lands, so far as the same clauses and provisions respectively are applicable to the- cases contemplated by this provision, shall be incorporated in this Act ; and in all cases contemplated by this provision the expression " the Special Act," used in the said clauses and pro- visions of the said " Lands Clauses Consolidation Act " (6), shall be construed to mean this Act ; and the expression " the promoters of the undertaking " (c), used in the same («) See "Charitable Trusts Amendment Act, 1855," sec. ZZ,poat, p. 55. (a) See Id. sec. 41, post, p. S6. (6) See "Lands Clauses Consolidation kiA,'" pott. (c) See Id, sec. 2, C. 137.] CHARITABLE TRUSTS ACT, 1853. 17 clauses and provisions, shall be construed to mean the trustees of the charity in question. XXVIII (d). Where the appointment or removal of Incasesofchai any trustee, or any other relief, order, or direction relating "o^^ 0/ which to any charity of which the gross annual income for the exceed soi., "1 . "^ . ° . Master of the time being exceeds thirty pounds, shall be considered Rolls and Vice- desirable, and such appointment, removal, or other o'laD'ieiiors, ^ relief, order, or direction might now be made or given tion to them at by the Court of Chancery, in respect either of its have'thr'same ordinary or its special .or statutory jurisdiction, or by J""^^"""™ *^ the Lord Chancellor intrusted with the care and com- chancery or mitment of the custody of lunatics, it shall be lawful for ^""^ Chan- ■' _ _ ' cellor now has any person authorized in this behalf by the order or upon informa- certificate of the said board, or for the attorney-general, """' "' to make application (without any information, bill, or petition,) to the Master of the Rolls or one of the Vice- chancellors sitting at chambers, for such order, direction,, or relief as the nature of the case may require ; and the Master of the Rolls or the Vice-chancellor to whom any such application shall be made shall and may proceed upon and dispose of such application in chambers, save where he may think fit otherwise to direct, and shall and may have and exercise thereupon all such jurisdiction, power, and authority, and make such orders and give such directions in relation to the matter of such appli- cation, as might now be exercised, made, or given by the Court of Chancery or by the Lord Chancellor intrusted as aforesaid, in a suit regularly instituted, or upon petition, as the case may require ; and the Master of the Rolls and Vice-chancellors respectively shall, in relation to such applications as aforesaid, and the proceedings thereon, (subject to any rules which may be made by the Lord Chancellor, with the advice and consent of them or any two of them,) have all such powers of directing matters to be heard in open court, and of ordering what (d) See "Charitable Trusts Act, 1860," sec. 2, post, p. 60. c. 80. 18 CHAEITABLE TEUSTS, [16 & 17 Vict. matters shall be heard and investigated by themselves and their chief clerks respectively, and such other powers and authorities as by the Act of the last session of 15 & 16 Vict, parliament, chapter eighty, are vested in or authorized to be exercised by them at chambers, and the provisions of the said Act applicable to orders made by the Master of the Eolls or any of the Vice-chancellors at chambers shall extend to all orders so made under this Act : provided always, that, save as may be otherwise provided by any rules to be made by the Lord Chancellor, with such advice and consent as aforesaid, the determinations of the Master of the Rolls and Vice-chancellors respect- ively upon and in relation to such applications as afore- said shall not be subject to appeal in any case where the gross annual income of the charity does not exceed one hundred pounds : provided also, that it shall be lawful for the Master of the Rolls or any Vice-chancellor, where under the circumstances of any application as aforesaid he may so see fit, to direct that for obtaining the relief, order, or direction? sought for by such application an information, bill, or petition, as the case may require, shall be filed or presented and prosecuted as now by law required, and to abstain from further proceeding on such application. ProTieion as to XXIX. The jurisdiction created and given by this Act °n thfjurMUj'- *° *'^® Master of the Rolls and the Vice-chancellors sitting tioa of the in chambers, upon any application to them respectively cery'ome ™' ^^ aforesaid, shall extend concurrently to and may be county palatine exercised by the Chancellor of the duchy and county palatine of Lancaster, and the Vice-chancellor of the same county palatine respectively for the time being, as to every charity within the jurisdiction of the Court of Chancery of the said county palatine whose gross annual income for the time being exceeds thirty pounds, upon application being made to such Chancellor or Vice- chancellor respectively; and it shall be lawful for the Chancellor of the said duchy and county palatine, with C. 137.] CHARITABLE TRUSTS ACT, 1853. 19 the concurrence of the Vice-chancellor of the same county palatine, from time to time to make and issue any rules and orders for regulating the modes of proceeding, and the fees to be taken in respect of proceedings under this Act. XXX. Provided always, that the provisions of this Act Provisions as T,,. i-iji ,• to charities ex- applicable to any chanty the gross annual income ceedingSOi. per whereof exceeds thirty pounds shall extend to any ^'^^'^ to e^- charity established or administered or applicable.to or for rities in London objects or purposes within the city of London the gross gg] ^'"'^^'^"'S annual income whereof does not exceed thirty pounds, in like manner as if such income exceeded that amount. XXXI. It shall be lawful for the Lord Chancellor, Lord Chan- with the advice and consent of the Master of the Rolls advice of Mas- and Vice-chancellors, or any two of them, to make and ter of the Rolls , . and Vioe-chan- issue general rules and orders for regulating the mode cellors, or two and form of applications at the chambers of the Master ^ake^ae'neral of the Rolls and Vice-chancellors respectively under this orders. Act, and the proceedings thereon, and for determining in what cases and under what conditions and restrictions the determinations of the Master of the Rolls and Vice- chancellors respectively upon or in relation to such applications shall be subject to appeal, and the fees and allowances to solicitors of the Court of Chancery, and the fees to be payable in money or by stamps to the officers of the said court in respect of such appli- cations and proceedings thereon ; and such rules and orders may from time to time be varied by the like authority, and all such rules and orders shall be deemed general orders of the said court. XXXII (e). Where any charity of which the gross District courts annual income for the time being does not exceed and «)unty*°^ thirty pounds (/) shall be established or administered or <">"»'» '" ^^^^ (e) See " Charitable Trusts Act, 1860," sec. 2, post, p. 60. (/) See /d. sec. 11, post, p. 64. o2 20 CHABITABLE TRUSTS. [16 & 17 Vict. jurisdiction in be applicable wholly or partially to or for objects or pur- iSthe'in- P°^^s within the district or any two or more of the comes of which districts of any district court of bankruptcy, or of any ^0 no exoee ^,Q^J^^.y court or courts holden under the Act of the session holden in the ninth and tenth years of the reign of Her Majesty, chapter ninety-five, and the appointment or removal of any trustee, or any other relief, order, or direction whatsoever concerning such charity, shall be considered desirable, and such appointment or removal, or other relief, order, or direction, might now be made or given by the Court of Chancery in respect either of its ordinary or its special or statutory jurisdiction, or by the Lord Chancellor intrusted with the care and commit- ment of the custody of lunatics, it shall be lawful for any person authorized in this behalf by the order or certificate of the said board, or for the attorney-general, to make application to such district or county court, or, as the case may be, to any one of such district or county courts, for such order, direction, or relief as the nature of the case may require ; and such district or county court shall entertain such application, and shall hear the matter in open court, and shall give such relief, and make such orders and directions in relation to the matter of such application, as might now be made or given by the Court of Chancery or by the Lord Chancellor, intrusted as aforesaid, in a suit regularly instituted, or upon petition, as the case may require ; and the clerk of such county court shall transmit a copy of such order or direction to the office in London of the registrar of county courts' judgments, to be there enrolled: provided always, that no judge of any district or county court shall be authorized to vary any decree, order, or direction of the Court of Chancery, or of any judge thereof, or to make or give any order or direction inconsistent or conflicting with any such decree, order, or direction: provided also, that where two or more district or county courts shall have concurrent jurisdiction with respect to any charity under this Act, no application in respect of such charity shall C. 137.] CHARITABLE TRUSTS ACT, 1853. 31 be made to or entertained by more than one of such dis- trict or county courts at the same time. XXXIII. The jurisdiction hereby created and conferred Deputy sitting on the county courts with respect to any charity shall not cour°Judge not be exercised by any deputy or other person who may for *? exercise ju- the time being be appointed to sit and shall be sitting for any such judge. XXXIV. Where two or more district courts of bank- Where two or ruptcy or county courts shall concurrently have jurisdic- have concur- tion under this Act with respect to any charity, it shall J?°* ^toard' to be lawful for the said board to order to which of such direct to which courts any application with respect to such charity shall ""on^B^jj/^ be made ; and every such order shall be conclusive as to made, the jurisdiction with respect to the application referred to in such order. XXXV. It shall be lawful for the said board to direct Board may di- . , ., -^1 ■ ,1 • • T rect cases with- that any application as to any charity withm the jurisdic- in the jurisdic- tion of any district court of bankruptcy or county court *'?°°^ ^ '^'^" ■' ^ •' o r-i *""* ""^ county shall be made before a judge of the Court of Chancery, court to be or as to any charity within the jurisdiction of the Court ^^™ ^^''j^^g^ * of Chancery of the county palatine of Lancaster, either Court of Chan- before the Chancellor or the Vice-chancellor of the same instance. ^ county palatine, or before a judge of the High Court of Chancery, according to the provisions herein contained applicable to a charity the gross annual income whereof exceeds thirty pounds, and in such case such application shall be made and may be heard and determined accord- ingly, in like manner as if the gross annual income of such charity exceeded thirty pounds ; and upon the pro- duction of the order or certificate containing such direc- tion, or of a copy thereof, the application with respect to which such order or certificate shall have been made shall not be entertained or proceeded with by such district or county court. 23 CHAEITABLE TRUSTS. [16 & 17 VlCt. No order of dis- trict or county court for the appointment or removal of trustees or ap- proval of a scheme to be valid unless confirmed by board. XXXVI. Whenever any order or decision is made by any district court of bankruptcy or county court for the appointment or removal of any trustee of any charity, or approving of any scheme for regulating or directing the administration of any charity, or the estate, funds, property, or income thereof, a copy of every such order or decision shall immediately upon the making thereof be delivered or transmitted by the deputy registrar of such district court or by the clerk of the county court, as the case may be, together with all requisite particulars, to the said board, for the purpose of being considered by them ; and no such order or decision shall be valid or effectual until the same shall have been approved by the said board, such approval to be testified by a certificate in writing, signed by the secretary of the said board, and no such approval shall issue from the said board until one calendar month shall have elapsed after the receipt by the board of such copy and particulars. Board, if dis- satisfied with the order of district or county court, may remit the case for recon- sideration, or may transfer the matter to a judge of the Court of Chan- cery. XXXVII. In case any such order or decision as last aforesaid of any district court of bankruptcy or county court shall not be approved by the said board, it shall be lawful for such board to remit the same for reconsidera- tion and decision by such district or county court, with such remarks and recommendations thereon (if any) as shall seem fit and expedient to such board, or, in the discretion of the board, to order and direct that the subject matter to which such order or decision relates, together with such order or decision, shall be submitted to the consideration and decision of a judge of the Court of Chancery, and in such last-mentioned case no further proceedings shall be had or taken in the district or county court with respect to the matter in question ; and in case the order or decision of the district or county court, on the reconsideration of any order or decision so remitted for reconsideration, be disapproved as aforesaid by the said board, such board shall refer such orders and decisions, and the subject matter thereof, to a judge of C. 137.] CHARITABLE TRUSTS ACT, 1853. 23 the Court of Chancery, or, as to any charity within the jurisdiction of the Court of Chancery of the county pala- tine of Lancaster, either to the Chancellor or the Vice- chancellor of the same county palatine, or to a judge of the High Court of Chancery ; and where any order or decision is referred to a judge of the Court of Chancery, or of the Court of Chancery of the said county palatine of Lancaster, under this provision, such judge shall have and exercise aU such jurisdiction, power, and authority in relation thereto as in the case of a charity the gross annual income whereof exceeds thirty pounds, and may make such order in relation to the matter of such order or decision as to him may seem proper. XXXVIII. Suhject to any orders to be made by the How orders of Lord Chancellor as hereinafter mentioned, and to the county court other provisions of this Act, all proceedings to be taken ""^^er this Act in any district court of bankruptcy or county court, and all orders and directions to be made or given by any such district court or county court by virtue of the jurisdiction hereby created and conferred on such court, shall re- spectively be subject to the same rules and regulations, and have the same effect, and be registered, enforced, and executed in the same manner as the other proceed- ings, orders, judgments, and directions of the same court under its ordinary jurisdiction, and it shall be lawful for any such district court, or for any county court, with the consent of the board, to rescind or vary any order which shall have been previously made by such court, without prejudice to any act or matter in the meantime done under such order; and for executing and putting in force any order to be made by any county court under this Act, every judge of any such court shall and may have and exercise all such powers as by the Act of the session holden in the ninth and tenth years of Her Majesty, chapter ninety-five, are given for enforcing the payment of any debts, damages, or costs under the said Act. 24 CHABITABLE TBUSTS. [16 & 17 Vict. Appeal. XXXIX. Where any person authorized to make any application under this Act, (other than Her Majesty's attorney-general acting ex officio,) or any other person ■who may have been made a party to any proceeding upon any application under this Act, is aggrieved by or dis- satisfied with any order made by any district court of bankruptcy or county court upon any such application, or any proceeding thereon,- he may, within one calendar month after the making of such order, give notice in writing to the said court, and also to the said board, that he is desirous to appeal against the same; and if the said board think it reasonable and proper that such appeal should be entertained, and give a certificate to that effect, such district or county court shall suspend any proceedings upon the order appealed against during such time as the circumstances may require ; and the said board, if they so think fit, may require the person giving any such notice of appeal to become bound with two sufficient sureties, to be approved by the deputy registrar of such district court, or by the clerk of the county court, as the case may be, to the treasurers of the said courts respectively, or such other person as the said board may see fit, in such sum as to the said board shall seem reasonable, to pay such costs of the proceedings on the appeal as shall be ordered to be paid by such appellant, and also (if the said board so think fit) to indemnify the charity against the costs and expenses of or attending such appeal; and every bond executed under this provision shall be exempt from stamp duty: provided always, that it shall be lawful for Her Majesty's attorney-general (acting ex officio), at any time within three calendar months after the making of any order by a district court or county court under this Act, to lodge and commence and prosecute an appeal against such order, without giving any such notice or becoming bound as aforesaid, and every such last-mentioned appeal shall thereupon be allowed by the order of such district or county court, and shall C. 137.] CHARITABLE TRUSTS ACT, 1853. . 25 have such other effect as any other appeal under this Act. XL. Where any order allowing an appeal has been Proceedings on made as aforesaid, the person thereby allowed to appeal *pp^*^- shall within three calendar months present a petition to the Court of Chancery, setting forth the order appealed against, and the order allowing such appeal, and praying such relief as the case may require ; and upon the hearing of such petition the court may confirm, vary, or reverse the order appealed against, or may remit such order to the district court of bankruptcy or county court by which the same was made, with or without any declaration or directions of the Court of Chancery in relation thereto, or may proceed in relation to the charity to which such order relates as in the case of an applica- tion under this Act to a judge of the Court of Chancery at chambers, and any judge of such court sitting at chambers or in open court may make or give any such orders or directions in relation to the matter of such order as he may see fit, or the court may make such other order in relation to the matter of any such appeal as to the court may seem just, and as might be made in the case of a suit regularly instituted, or a petition, as the case may require ; and in case the party allowed to- appeal do not within such three calendar months present such petition of appeal, the order against which such appeal was allowed shall be final ; and in case any costs Bond to prose- adjudged on any such appeal to be paid by the party ^^^ *PPp'*[ i„ allowed to appeal be not paid, such bond as aforesaid suit, may be put in suit, and the money to be recovered on every such bond shall be applied to indemnify the charity estate or the person damnified, or otherwise in such manner as the justice of the case may require, and the court or judge by whom such appeal may have been heard shall think fit. XLI. Provided always, that no judge of the Court of No chancery 26 CHAKITABLE TRUSTS. [10 & 17 Vict, judge, or dis- Chancery, nor any district court of bankruptcy or county courV'n p"o-^ court, shall upon any proceedings under this Act have ceedings under jurisdiction to try or determine the title at law or in titieBt&o!""^^ equity to any real or personal property, or any term or interest therein, as between any charity, or the trustee thereof, and any person holding or claiming such real or personal property, term, or interest adversely to such charity, or to try or determine any question as to the existence or extent of any charge or trust. Notice to be XLII. Before any application shall be made to any application for judge of the Court of Chancery, or to any district court Boheraesorap- of bankruptcy or county court, under any of the pro- pointment or . . , . • t ^ i i t i i ij. removal of trus- visions herein contained lor the establishment or altera- Aot ""^^"^ **"' ^^'^^ °^ ^ scheme or the appointment or removal of any trustees or trustee, notice in writing of such intended application shall be given in such form and manner as the said board shall have directed ; and if the order be that such notice be af&xed to or near the door of any parish or district church; the incumbent and church- wardens of such parish or district are hereby respectively required to allow such notice to be affixed and to remain so affixed during such period, not less than fifteen days, as the said board shall have ordered ; and in any case in which the order shall be that such notice shall be affixed to any place, evidence that the same has been so affixed shall be deemed and taken as prima facie evidence that it has remained affixed during the period prescribed by the board. By whom ap- XLIII. Every application to any judge or court under be made.' "*^ the jurisdiction created or conferred by any of the provisions of this Act, may be made by Her Majesty's attorney-general, or, subject to the provisions aforesaid, by all or any one or more of the trustees or persons administering or claiming to administer, or interested in, the charity which shall be the subject of such application, or any two or more inhabitants of any parish or place C. 137.] CHARITABLE TRUSTS ACT, 1853. 27 within which the charity is administered or applicable ; and it shall be lawful for Her Majesty's attorney-general Attomey-gene- for the time being, acting ex officio, to make application tfonTnder 52 by petition to the Court of Chancery with respect to any ^^°- ^> "• ^''^* charity under the provisions of the Act passed in the fifty-second year of King George the Third, chapter one hundred and one, or under the provisions of any Act or Acts passed or to be passed authorizing the application to the same court by petition according to the provisions of the said Act. XLIV. For the purposes of determining the jurisdic- Statement in tion under this Act with respect to any charity, or the boar/oflhe right to appeal from the determination of a judge of the amount of in- Court of Chancery, it shall be lawful for the said board charity to be to declare, according to such judgment as they may be sufficient evi- able to form upon the returns or statements before them mining the ju- in relation to any charity, whether the gross annual "^^^1,'°*^°"°' income for the time being of such charity does or does under this Act. not exceed thirty pounds or one hundred pounds, (as the case may require,) and a statement in any certificate or order of the said board that according to such judgment as aforesaid the gross yearly income of any charity does or does not exceed thirty pounds or one hundred pounds shall be sufficient evidence of the amount of the gross annual income of such charity, for the purpose of determining such jurisdiction or right to appeal as afore- said ; and any certificate or order made by the said board imder this Act, authorizing any proceeding or application concerning any charity to be taken or made to any district court of bankruptcy or county court or to the Court of Chancery or any judge thereof, shall state that the gross annual income for the time being of such charity does not exceed thirty pounds, or does exceed Proviso as to thirty pounds (as the case may be) : provided always, dowments.^"" that where any charity, or the trustees thereof, in addition to the principal endowment for its general objects and purposes, shall be possessed of or entitled to 28 CHARITABLE TEUSTS. [16 & 17 Vict. any other endowment for any particular or special object or purpose arising out of or in its nature or application connected with the general objects or purposes of such charity, it shall be lawful for the said board, having regard to the circumstances of each such case, and to the object and extent of the proposed application and litigation, to determine whether such endowment for such particular or special object or purpose should, for the purposes of jurisdiction and proceedings under this Act, be considered and treated as forming part of the general endowment of the charity, or as a separate or independent chairity, and such board shall frame their certificate or order accordingly. Lord Chan- XLV. The Lord Chancellor shall make such orders ordersforregu- ^°^ regulating proceedings by and before the judges of lating proceed- district courts of bankruptcy and county courts under district and this Act, and for fixing and determining the fees to be JuT*^ r*"^^' *^^^^ ^° respect of such proceedings, as he may see fit; late proceed- and. Subject to such orders, such judges may regulate the '"^^' proceedings before them respectively so as to render them as summary and inexpensive as conveniently may be. Reservation of XLVI. Nothing herein contained shall diminish or prituegra'^of detract from any right or privilege which by any rule or Church of Eng- practice of the Court of Chancery, or by the consti-uction land with re- i-j-i /■ spect to oha- 01 law, now subsists tor the preference or the exclusive or rities. special benefit of the Church of England, or the members of the same Church, in settling any scheme for the regulation of any charity, or in the appointment or removal of trustees, or generally in the application or management of any charity. Secretary to be XL VII. The secretary for the time being of the said charities; Buoh board shall by virtue of his appointment be the treasurer IZToration^* °^ P'^^^'" charities; and such treasurer shall, for the purposes of taking, holding, conveying, assigning, trans- ferring, and transmitting real property, including lease- C. 137.] CHAEITABLE TRUSTS ACT, 1853. 29 holds for lives or years, be a corporation sole by the name of "The Treasurer of Public Charities," and by that name shall have perpetual succession, (g) and plead and be impleaded before all courts, justices, and others. XL VIII. Where any land, or any term or estate Land holden therein, holden upon trust for any charity, shall be vested "'Xarityf sub- in any persons other than the persons acting in the jf otto jurisdio- administration and application of the rents ; or where chancery and there shall be no trustees thereof, or the trustees, or any of j"dge, may _ •' be vested in of them, shall be unwiHing to act, or it shall be uncertain treasurer. in whom such land, term or estate, shall be vested, or all or any of the persons in whom such land, term or estate, shall be vested, cannot be found, or shall be under age, lunatic, or of unsound mind, (whether found such by in- quisition or not,) or otherwise incapable of acting, or shall be out of the jurisdiction or not amenable to the process of the Court of Chancery, or where by reason of the re- duced number of trustees or other causes a valid appoint- ment of new trustees cannot be made,- or where by reason of the expenses incident to the appointment of new trustees, and the conveyance or assignment of such land, term or estate, to such new trustees, it shall appear to the Court of Chancery, or to any judge of such court or of any court having jurisdiction with respect to such charity under this Act, desirable so to do, such court or judge may order that such land, term or estate, be vested in such treasurer (A), and thereupon the same shall vest in such treasurer and his successors for all the estate and interest holden in trust for the charity as aforesaid, with- out any conveyance or assurance thereof; but no such Proviso, vesting order as aforesaid shall be made in respect of any land, or term or estate as aforesaid, holden in trust as aforesaid, vested in a corporation, without the consent of the corporation; and no such vesting order shall take effect in respect of any copyhold land without the consent (s) See "Charitable Trusts Amondmeut Act, 1855," sec. 15, post, p. 48. (h) See Id. 30 CHAEITABLE TEUSTS. [16 & 17 Vict. of the lord of the manor; and the Court of Chancery, or such judge, may direct such periodical or other pay- ment as such court or judge may think fit to be made to the lord of the manor, in compensation for fines or other profits which would have become due upon death or admittance of tenants. Orders may be XLIX. It shall be lawful for any court or judge by la^^ &c™?n"^ whom respectively any such vesting order may have been the trustees of made, or for any other court or judge having jurisdiction e c an y. .^ ^^^ matter, if it shall so seem fit to such court or judge, from time to time to order that all or any part of the land, term or estate, which shall for the time being be vested in the said treasurer by virtue of any such vesting order as aforesaid, shall be devested, and that the same shall be vested in the acting trustees or trustee for the time being of the charity; and such last- mentioned order shall operate to vest such land, term and estate, in the trustees, or trustee therein named without any con. veyance or assurance. Treasurer to be L. Subject to the orders and directions of the Court of a bare trustee. Chancery or of any such judge, such treasurer shall be deemed a bare trustee, and shall permit the persons acting in the administration of the charity ^i) to have the possession, management, and control of the trust estates, and the application of the income thereof, as if the same had been vested in them. Judge may LI. The secretary for the time being of the said board, te\S°^°' *"^ ^"^^^ °^^^^ public officer or officers (j) as the Lord stock, &c., be- Chancellor shall appoint, shall be official trustees of charity ^b^ect charitable funds, {k) and where trustees or other to his jurisdie- persons having in their names or in the name of any tion, to transfer . , j i ,, . same to official deceased person ot whom they are representatives, in trustees. ^^^q fcootg of the Bank of England, or of the East India (i) See "Charitable Trusts Amendment Act, 1855," sec. 16, post, p. 48. U) See Id. sec. 17, poet, p. 48. (i) See Id. sec. 18, post, p. 49. C. 137.] CHARITABLE TEUSTS ACT, 1853. 31 or South Sea Company, or of any other public company, any annuities, stock, or shares, or holding any govern- ment or parliamentary or other securities in trust for any charity, shall be desirous to transfer or deposit the^same to or with the said official trustees in trust for such charity, or where any person shall be desirous of trans- ferring or depositing as aforesaid any annuities, stocks, shares, or securities for discharging any legacy or charge given or made to or for the benefit of any charity, or where it shall appear to the Court of Chancery, or to any judge of such court, or of any district court of bank- ruptcy, or county court having jurisdiction (Z) under this Act, that any annuities, stock, shares, or securities held in trust for any charity ought, for the purpose of security or convenient administration, to be transferred or de- posited as aforesaid, it shall be lawful for such court or judge to order the transfer or deposit of such annuities, stock, shares, or securities to or with such official trustees (m). LI I. The secretary of the said board shall keep Secretary to separate accounts of the annuities, stock, shares, and accoumroT*^ securities belonging to each separate charity, and the ^™^f °^ ^^^ said official trustees shall pay the dividends or interest or income thereof to the trustees or persons acting in the administration of such charity, or otherwise dispose thereof, and transfer such annuities, stock, shares, or securities (when occasion shall require), as the Court of Chancery, or any judge of such court, or of any district court of bankruptcy, or county court having jurisdiction under this Act, or other lawful authority, shall direct. LIII. It shall be lawful for any trustees or other Trustees may persons having the custody of any deeds or muniments of ^^"fo^'se^'**' or relating to such charity to deposit the same for curlty in a re- (!) See "Charitable Trusts Amendment Act, 1855," seo. 12, post, p. 46 ; and sec. 22, post, p. 50. See "Charitable Trusts Act, 1860," sec. 2, post, p. 60. (m) See "Charitable Trusts Amendment Act, 1855," sec. 26, post, p. 50. 33 ,, CHARITABLE TRUSTS. [16 & 17 VlCt. positorypro- Security in a repository which may be provided by the bolrd''^*''^ said board, subject to any regulations to be made by the said board under this Act. Power to board LIV. Where, upon the application of any trustees or toframe jj^ persons Concerned in the management or admi- sohemes for the • ^ . j • iu u ct appropriation nistration of any charity, or interested in the benents property to'* thereof (and after such examination or inquiry as the varied trusts, hoard may think necessary in relation thereto), or upon any report of an inspector, or information otherwise obtained by the said board under this Act, with relation to any charity^ it shall appear to the said board to be desirable to have a new scheme for the application or management of the charity, and such new scheme as contemplated or considered desirable by the board cannot be, or it shall in the opinion of the board be doubtful whether it can be carried into complete eifect by the Court of Chancery, or by any district or county court under the jurisdiction created by this Act, or otherwise than by the authority of parliament, it shall be lawful for the said board in every such case provisionally to approve and certify such new scheme in the manner and subject to the regulations hereinafter mentioned. Notice to be LV. One month at least before any such new scheme given before shall be SO provisionally approved, notice thereof shall be approval of • • i, lU u j • i. schemes, and given in such manner as the board may in each case b'^^^^bmU.ted^ consider proper or expedient for ensuring due publicity, for the con- and every such notice shall contain such particulars of the^bra'rd. the proposed scheme as the said board think fit, and as shall be deemed by the said board sufficient to show the nature of such scheme, and where the nature thereof cannot conveniently be shown in the said notice, such notice shall refer to some convenient place within the parish or district, and to the office in London of the registrar of county courts judgments{n), where a copy of (n) See " Charitable Trusts Amendment Act, 1855," sec. 43, post, p. 66. C. 137.] CHAEITABLE THUSTS ACT, 1853. *• 33- the proposed scheme shall be deposited- and may be inspected, and every such notice shall require any ob- jections to such scheme to be stated or transmitted to the said boai'd or their secretary within one month froiil the time when the notice shall have been given. LVI. If after such notice as aforesaid any objections Buard may or suggestions shall be made, the board shall consider o^approrof^ the same, and may thereupon, if to them it shall seem tit,solieme8. alter or modify the scheme according to any such ob- jections or suggestions ; and after all such objections and suggestions, if any, have been disposed of, or if no such objections or suggestions shall have been made, the board, in case they shall not think fit to refer such scheme to an inspector under the provision next herein- after contained, may proceed to approve such scheme, and to certify the same in manner hereinafter mentioned. LVII. Upon the requisition of any person interested The matter of in the charity in question (in case the said board after b^refercedX .due consideration shall be of opinion that there are suf- an inspector for ficient grounds for complying with such requisition), or °°* '°q"Ty- in any other case, if the said board shall consider it desirable, the matter of any scheme in question may be referred by the said board to one of their inspectors, and such inspector shall thereupon proceed to make a local inquiry and examination into the matter of the scheme in question, and for the purposes of such inquiry, such inspector may hold a sitting or sittings in some conve- nient place in the parish or one of the parishes of the district to or in which respectively the charity in question is wholly or partially situated or is administered, and may take and receive any evidence and information, and hear and inquire into any objections or questions relating to the scheme or charity in question, and niay from time to time adjourn any such sitting, and public notice shall be given by such inspector of every such sitting (except an adjourned sitting) fourteen days at the least before the 34 - CHAEITABLE TRUSTS. [16 & 17 Vict. holding thereof, in such other mode as in the judgment of the said hoard shall be sufficient to ensure publicity. Inspectors to LS?"!!!. Every inspector to whom any such matter Buit oHn'' "r ^hall be referred shall report in writing to the said board to the toard. the result of his inquiry, and whether in his opinion the scheme in question should be approved with or without any alteration or modification thereof, and such report shall specify or indicate the alterations (if any) which such inspector shall consider desirable, with the reasons for the same, and also the nature of the objections (if any) which shall have been made to the scheme, and the opinion of the said inspector thereon, and the said board shall consider such report, and if, as the result of such jeport or after further inquiry, they shall be satisfied therewith, they may proceed to approve the scheme in question either with or without any alteration, and to certify the same in manner hereinafter mentioned. Schemes when LIX. Every scheme to be approved by the said hoard certified by the shall be certified by them, and for that purpose shall be board. Copy embodied in a certificate to be made by the said board, of BDch certifi- _ _ _ ■' ' cate to be de- and sealed with their seal ; and in every case a copy of parish o™dis- ^uch certificate shall be deposited in some convenient trict, and place within the parish or one of the parishes or the dis- trict in which the charity in question shall wholly or partially be situated or administered, and at the office in London of the registrar of county courts judgments, (o) and a notice shall also be given, in such manner as the hoard shall direct, which notice shall refer to the certificate so deposited, and shall state the intention of the board to proceed with the scheme thereby certified. Annual report LX. The Said board shall in the month of February in fore pl^lia-^' every year make a report to Her Majesty of all their pro- meut, which ceedings during the preceding year up to the thirty-first (o) See "Charitable Trusts Amendment Act, 1855," sec. 43, post, p. 56. notice given. C. 137.] CHAEITABLE TRUSTS ACT, 1853. 35 day of December then last, aad such report shall, within shall set forth fourteen days after the making thereof, be laid before Jp^oved.'''""' both houses of parliament, if parliament be then sitting, or otherwise within fourteen days after the meeting thereof; and in such report the said board shall specially distinguish and set forth in full all the schemes (if any) approved by them under the provisions lastly herein- before contained, together with the grounds of such their approval, and the objections (if any) which have been made thereto, and all proceedings had in respect of such objections and the grounds on which any such objections have been over-ruled ; and in case it shall be enacted by any Act of parliament that any such scheme or schemes so certified shall be confirmed and take effect, either with or without any alterations or modifications thereof respec- tively, every such Act shall be deemed a public general Act. LXI. The trustees or persons acting in the adminis- Accounts of tration of every charity shall, in books to be kept by them o^rftfes^o be for that purpose, regularly enter or cause to be entered delivered to , . the clerks of full and true accounts of aU money received and paid coanty courts, respectively on account of such charity, (p) and on oj. clerks of the before the twenty-fifth day of March in every year, or on the board. or before such other day as shall or may be fixed and ap- pointed for that purpose by the said board, shall cause a statement in writing to be made of the income and revenues, whether actually paid or then dMe, and the actual receipts and expenditure of such charity for the year ending on the thirty-first day of December then next preceding, or on some other convenient day to be fixed and appointed for that purpose hy the said board, and also a balance sheet containing a clear statement of the balance of such account, which statement and balance sheet respectively shall be cer- tified under the hand of some one or more of such trustees or persons {and audited by the auditor of such charity, if (p) See "Charitable Trusts Amendment Act, 1855," sec. 44, post, p. 56 ; Id. sec. 46, post, p. 58. D2 CHARITABLE TRUSTS. [16 & 17 Vict. any there be) ; and as to every charity whose gross annual income for the time being shall not exceed thirty pounds, every such statement and balance sheet respectively, or a duplicate or true copy thereof respectively, shall be deli- vered or sent by such trustees or persons free of charge to the clerk of the county court or some one of the county courts {if more than one) to whose jwrisdiction such charity may be subject under this Act {in case such charity be sub- ject to the jurisdiction of any county court under this Act), or if such charity be not subject to the jurisdiction of any county court, then to the clerk of the county court for the district or any one of the districts {if more than one) wherein or nearest adjoining whereto such charity is estab- lished, or the property thereof {in whole or in part) is situate or administered and distributed; and as to every charity whose gross annual income for the time being shall exceed thirty pounds, every such statement and balance sheet, or a duplicate or true copy thereof respectively {unless the said board shall otherwise direct), shall be delivered or sent free of charge to the clerk of the peace for the county or the division of the county or some one of the counties or divisions of counties {if more than one) in which the charity is established, or the property thereof is wholly or partially situated or administered and distributed; and every such statement and balance sheet, or a duplicate or true copy thereof respectively, shall be kept and registered without fee or reward by the registrar of county courts judgments or the clerk of such county court, and the clerk of the peace of such county or division respectively, and shall be open to the inspection of all persons, at all seasonable hours, on payment of the sum of one shilling to the registrar or clerk for every such inspection ; and any person may require and have a copy of any such statement and balance sheet, or of any part thereof, paying therefor to such registrar or clerk after the rate of twopence for every seventy-two words or figures; and a duplicate or copy of every such statement and balance sheet to be made according to the foregoing provision, so certified and audited as aforesaid, shall be C. 137.] CHARITABLE TRUSTS ACT, 1853. 37 delivered or transmitted, through the post or otherwise, free of charge, by such trustees or other persons, to the said hoard, on or before the said twenty -fifth day of March in every year, or such other day as may he fixed and ap- pointed by the said board as aforesaid; and the said board may from time to time by any order direct that the state- ment and balance sheet, or a duplicate or true copy thereof respectively, of the accounts of any charity whose gross annual income exceeds thirty pounds shall he delivered or sent to the clerk of the county court in the same manner as if the income of such charity did not exceed thirty pounds ; and the said hoard may make and give such further and other orders and directions in relation to the delivery and publication of such accounts, and the form thereof, as they may think fit, which directions and orders shall be obliga- tory on and obeyed by all such trustees and persons as aforesaid. LXII. This Act shall not extend to the Universities Exemptions of Oxford, Cambridge, London, or Durham, or any ration of Act college or hall in the said Universities of Oxford, Cambridge, and Durham, or to any cathedral or col- legiate church, or to any building registered as a place of meeting for religious worship with the registrar- general of births, deaths, or marriages in England and Wales, and boni fide used as a place of meeting for religious worship ; nor shall this Act, for the period of ' two years from the passing thereof, extend or be in any manner applied to charities or institutions, the funds or income of which are applicable exclusively for the benefit of persons of the Roman Catholic persuasion (3), and which are under the superintendence or control of persons of that persuasion, nor shall this Act extend or be applied to the commissioners of Queen Anne's Bounty, or to the British Museum, or to any friendly or benefit society, or savings bank, or any institution, (q) See "Charitable Trusts Amendment Act, 1855," sec. 17, post, p. 58. 38 CHARITABLE TRUSTS. [16 & 1 7 Vict. establishment, or society for religious or other charitable purposes, or to the auxiliary or branch associations connected therewith, wholly maintained by voluntary contributions, or any bookselling or publishing business carried on by or under the direction of any society wholly or partially exempted from this Act, so far as such business is or shall be carried on by means of voluntary contributions only, or the capital or stock of Provisions as such business; and where any charity is maintained su'^^'orted^ partly by voluntary subscriptions and partly by income partly by arising from any endowment, the powers and provisions Llrptiuns.™*" of the Act shall, with respect to such charity, extend and apply to the income from endowment only, to the exclusion of voluntary subscriptions, and the application thereof; and no donation or bequest unto or in trust for any such charity as last aforesaid, of which no special application or appropriation shall be directed or declared by the donor or testator, and which may legally be applied by the governing or managing body of such charity as income in aid of the voluntary subscriptions, shall be subject to the jurisdiction or control of the said board, or the powers or provisions of this Act ; and no portion of any such donation or bequest as last aforesaid, or of any voluntary subscription, which is now or shall or may from time to time be set apart or appropriated and invested by the governing or managing body of the charity, for the pui-pose of being held and applied or expended for or to some defined and specific object or purpose connected with such charity, in pursuance of any rule or resolution made or adopted by the governing or managing body of such charity, or of any donation or bequest in aid of any fund so set apart or appropriated for any such object or purpose as aforesaid, shall be subject to the jurisdiction or control of the said board or the powers or provisions of this Act; and nothing in this Act shall subject the funds or property of any missionary or other similar society, or the missionaries, teachers, or officers of such society, or of any branch C. 137.] CHAEITABLE TEUSTS ACT, 1853. 39 thereof, which funds or property shall not he within the limits of England or Wales, to the jurisdiction of the said board : provided always, that the said exemption shall not extend to any cathedral, collegiate, chapter, or other schools (r). LXIII. It shall be lawful for any of the charities Exempted exempted from the operation of this Act, by order or petHiorc™m^ resolution, duly made in conformity with the constitution missioneisto ,,,. /-IT. -1-, 1 ''^^^ benefit of or rules of such chanty (and which m that case only Act. shall be binding), to aj)ply by petition to the commis- sioners to have the benefit of this Act either generally or as to any of the provisions herein contained ; and such petition shall be under the seal of such charity if incorporated, and if not, then under the hands of the major part of the trustees and governing body of such charity; and in such case it shall be lawful for the commissioners, if they shall think fit, to make an order in conformity with such application, and such charity shall thenceforth be entitled to and be bound by all the provisions of this Act, if admitted generally thereto, or by such of the enactments thereof as shall be mentioned and specified in such order of the commissioners, but in either case in the same manner as if such charity had not been exempted from this Act, or such exemption had not extended to the enactments specified in such order. LXIV. Provided also, that if any question or dispute Disputes shall arise among the members of any charity exempted (s) b"rs°of™x-" from the operation of this Act in relation to any office, empted ohaji- . . -^ ties may be or the fitness or disqualification of any trustee or officer, referred to or his election or removal, or generally in relation to ^^^j^7„*2° °i the management of the charity, it shall be lawful for two-thirds of the members present at any special meeting, duly convened by notice for the purpose in the same manner in which meetings of such charity are by the (r) See "ChaiitaMe Trusts Amendment Act, 1855," see. 49, post, p. 59. («; See Id. see. 46, poit, p. 58. commissioners. 40 CHARITABLE TRUSTS. [16&]7Vlct. rules thereof appointed to be held and convened, to refer such question or dispute to the arbitration of the commissioners, who shall accept such reference and act therein as arbitrators, and their award shall be final, and may be made a rule of Her Majesty's High Court of Chancery. Legal estate of LXV. The legal estate in all lands which at the time lesttiir^uni- °f *^® passing of the Act of the session holden in the cipal corpora- fifth and sixth years of King William the Fourth, chapter tobietenstto seventy-six, was vested in the body corporate of any be vested in borough which became subject to the provisions of the 6 w. 4, 0. 76. said Act, or in any one or more of the members of such body corporate, in his or their corporate capacity, solely or together with any person or persons elected solely by such body corporate, or solely by any particular number, class, or description of members of such body corporate, in whole or in part in trust or for the benefit of any charitable uses or trusts whatsoever, and which legal estate shall not have been since duly conveyed or assured to and vested in the trustees appointed by the Lord High Chancellor under the provisions of the said Act, or such of them as shall be surviving and continuing trustees, or otherwise lawfully conveyed, aliened, or disposed of by such body corporate or member or members thereof, shall from and immediately after the passing of this Act, and without any actual conveyance, assignment, or other assurance thereof, be vested in the trustees so appointed, or such of them as shall be surviving and continuing trustees under such appointment as aforesaid, according to the respective estates and interest therein, and subject to such and the same charges and incumbrances and upon such and the same trusts as the same were re- spectively subject to previously to such vesting ; and in every case, upon the death, resignation, or removal of any of the trustees, and upon any appointment of any. new trustee or trustees respectively, the legal estate in the same lands, and in all other lands subject to any C. 137.] CHAEITABLE TRUSTS ACT, 1853. 41 such charitable uses or trusts which may for the time being be vested in the trustees or any of them, or in any persons or the heirs or devisees of any person who may have died, resigned, or been removed, shall vest in the persons who after such death, resignation, or removal, and such appointment of such new trustee or trustees respectively, shall continue or be the trustees for the time being, without any conveyance or assurance whatsoever. LXVI. In the construction of this Act, except where Interpretation the context or other pfovisions of the Act may require a different construction, the expression " Court of Chancery" shall mean and include the Master of the EioUs and every judge of the Court of Chancery in England ; the expression " Lord Chancellor " shall mean and include the Lord Chancellor of Great Britain and the Lord Keeper and Commissioners of the Great Seal of Great Britain for the time being; the expressions " District Court of Bankruptcy " and " District Court " shall mean and include every district court of bankruptcy established or to be established under the Act of the fifth and sixth years of the reign of Her present M&jesty, chapter twenty-two, or under any other Act or Acts passed or to be passed for the alteration or amendment or the extension of the same Act, or for the establishment of any district court or courts of bankruptcy in England or Wales, and every commissioner or judge of every such district court ; the expression " County Court " shall mean and include every county court holden or esta- blished or to be holden or established under the Act of the ninth and tenth years of Her Majesty, chapter ninety- five, or any Act or Acts passed or to be passed for the alteration or extension of the same Act, and every judge of any such court; the expression " Charity (i)" shall mean every endowed foundation and institution taking or to take effect in England or "Wales, and coming within (i) See "Charitable Trusts Amendment Act, 1855," sec. 48, poit, p. 59. 43 CHARITABLE TRUSTS. [16 & 17 Vict. C. 137. the meaning, purvieu, or interpretation of the statute of the forty-third year of Queen Elizabeth, chapter four (m), or as to which, or the administration of the revenues or property whereof, the Court of Chancery has or may exercise jurisdiction; the expression " Trustee " of any charity shall mean and include every person and corpora- tion seised or possessed of or entitled to any real or personal estate, or any interest therein, in trust for or for the benefit of such charity, or all or any of the objects or purposes thereof, and every member of any such corporation ; and the expression " the Board " shall mean the said charity commissioners sitting as a board under this Act ; and the expression " Endowment " shall mean and include all lands and real estate whatso- ever, of any tenure, and any charge thereon, or interest therein, and all stocks, funds, monies, securities, invest- ments, and personal estate whatsoever, which shall for the time being belong to or be held in trust for any charity, or for all or any of the objects or purposes thereof; and the expression "Land" shall extend to and include manors, messuages, buildings, tenements, and heredifaments, corporeal and incorporeal, of every tenure and description. Extent of Act. LXVII. This Act shall not extend to Scotland or Ireland. Short title. LXVIII. This Act may be cited as " The Charitable Trusts Act, 1853." («) See Statute of " Charitable Uses," 43 Eliz. c. 4, post. CHAEITABLE TRUSTS AMENDMENT ACT, 1855. 43 18 & 19 VICT. Cap. lU. An Act to Amend the Charitable Trusts Act, 1853. [Uth August, 1855.] Whereas it is expedient to extend and amend the Charitable Trusts Act, 1 853, as hereinafter provided : 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 : — I. "The Charitable Trusts Act, 1853," hereinafter 16 & 17 Vict. called "the principal Act," and this Act, shall be con-.tj,;g ^etto j,3 strued together as onie Act, and any provisions of the construed principal Act inconsistent with this Act are hereby repealed. II. So much of the principal Act (section IV.) as Provision as to • provides that after the thirty -first day of March, one * J ^ ^H "g^j. thousand eight hundred and fifty-seven, an annual salary missioners re- shaU be paid to one only of the commissioners besides ^^ ^ ' the chief commissioner is hereby repealed. III. It shall be lawful for Her Majesty and her sue- Power to ap- cessors, under the royal sign manual, to appoint ^°'°*j*^/' additional inspectors (not exceeding three in number) for spectors. the purposes of this Act and the Charitable Trusts Act, 1853, and such additional inspectors shall hold of&ce during pleasure, and shall be possessed of the same powers, authorities, and jurisdiction, and be entitled to the same privileges and emoluments, as the inspectors appointed under the said former Act of one thousand eight hundred and fifty-three. 44 CHARITABLE TEUSTS. [18 & 19 Vict- The acts of tlie IV. Every act of the board may be sufficiently brauthmti-*" authenticated by the seal of the commissioners, and the cated. signature of their secretary, or in his absence of the chief clerk. Entries in and V. All Orders, certificates, schemes, and other docu- thrbo^TklT ™ents issued under the seal of the board shall be deemed the board, how and taken to be the originals, and copies thereof shall be tie^ted"*''™' entered in the books of the board, and all such entries may be sufficiently certified by the signature of the secretary, or in his absence of the chief clerk: Every order, certificate, scheme, and other document purporting to be sealed with the seal of the board shall be received in evidence without further proof ; and any writing pur- porting to be a copy extracted from the said books, and to be certified as aforesaid, shall be received in evidence in like manner. The powers of VI. The board, or any commissioner or inspector, rionerr^d in- ^uch inspector acting under the authority of the board, spectors to in- may require written accounts and statements and answers charities ex- to inquiries relating to any charity, or the property or in- tended, come thereof, to be rendered or made to them respectively by all or any of the following persons ; that is to say. Trustees or persons acting or concerned in the administration of the charity, its property or income, or in the receipt or payment of any monies thereof : Agents of any such trustees or persons : Depositaries of any funds or monies of the charity : Persons in the beneficial receipt of any funds thereof or of any income or stipend therefrom : Persons having the possession or control of any documents concerning the charity or any property th&reof: And the board or the commissioner or inspector may re- quire the persons rendering or making any such account, statement, or answer to verify the same by oath or other- wise, and may administer such oath: provided always, that C. 124.] CHARITABLE TRUSTS AMENDMENT ACT, 1855. 45 nothing herein contained shall extend to give to the said board or their inspectors any power of requiring from any person holding or claiming to hold any property whatso- ever adversely to any charity, or free or discharged from any charitable trust or charge, any information, or the production of any deed or document whatever, in relation to the property so held or claimed adversely, or any charitable trust or charge alleged to effect the same. VII. The board, or any commissioner or inspector Power to re- acting as aforesaid, may require all or any such trustees and oth^wa'tT and persons as aforesaid to attend before them respec- attend and tively at such times and places as may be reasonably appointed, for the purpose of being examined in relation to the charity, and to answer such questions as may be proposed to them, and to produce upon such examination any documents in their custody or power relating to the charity or the property thereof, and may examine upon oath or otherwise all such persons and all persons voluntarily attending, and may administer such oath : provided always, that no person shall be obliged to travel in obedience to any such requisition more than ten miles from his place of abode. VIII. AU requisitions made under the foregoing Precepts or authorities shall be made respectively by the order of the preceding pur- board, or by precept, under the hand of the commissioner P°ses, how to or inspector making the same. IX. Any person refusing or wilfully neglecting to Persons not comply with any such requisition, or with any order of reqiMsUionr' the board, made under the provisions of this Act or the *"•' *° ^^., . -iiiT 1 deemed guilty principal Act, or destroying or withholding any document of a contempt required to be produced or transmitted by him, shall be chlnce^y""' °^ taken to be guilty of a contempt of the High Court of Chancery, and shall be liable to be attached and com- mitted by such court, on summary application by the commissioners to the same court or to any judge thereof. 46 CHAEITABLE TBUSTS. [18 & 19 "Vict. and shall pay such costs attending such contempt as the said court or judge shall direct : provided always, that the court may at any time discharge, on such terms as it may deem just, any person attached or committed on any such application, or on any application made under section fourteen of the principal Act. Power to ap- X. "Where any parish or ecclesiastical district entitled chLiTlmSies to the benefit of a charity has or shall have been divided after division Jq^q separate parishes or ecclesiastical districts, and no 01 pansnes. , • i i apportionment of charities originally applicable to the parish or district so divided shall have been made by parliament or other competent authority, the board, in respect of all charities the gross annual income whereof does not for the time being exceed thirty pounds, may apportion the benefit of the charity between each new parish or district, or any portion thereof taken from the parish or district originally entitled to the whole benefit, and the remainder of such last-mentioned parish or district, in such manner and such proportions as upon a con- sideration of the purposes of the charity, the population of each parish or district, and other circumstances, they may think fit, and may also apportion the principal en- dowments between such parishes or districts, if it be thought fit, and may appoint separate trustees of any part of the endowments. Evidence as to XI. The certificate of the board, that according to annual income ,i . . , , ,i , . „ , . of any charity their judgment the gross yearly income of any charity not exceeding ^^gg ^^^ f^j. ^jjg ^^^g being exceed thirty pounds, shall be sufficient evidence of the amount of such annual income for the purpose of determining the jurisdiction under the foregoing provision. The official XII (a). Any court or judge having jurisdiction to charitable ^, Order the transfer of stock in the public funds, or stock (o) See "Charitable Trusts Act, 1860," sec. 2, post, p. 60 ; and see Id. , sec. 12, poat, p. 64. C. 124.] CHAEITABLE TEUSTS AMENDMENT ACT, 1855. 17 or shares of any public company, to the official trustees fands may be of charitable funds, shall have power also to authorize c^SffOTTans- such trustees to call for a transfer of and to transfer such fers to them at stock or shares, and may also order the payment to the °° ' same trustees of any principal monies of any charity, under the same circumstances in which the transfer of stock to them may now be ordered. XIII. No order for apportioning the benefits of any Notices to be charity shall be made by the board until after such public orders' of the*'" notices shall have been given of the proposal to make the y>oa.xi. same as the board may consider expedient for insuring publicity in each parish or district in which the charity is or ought to be applied, or among all persons interested therein, nor until after the expiration of one month from the publication of such notice; and every such notice shall contain (so far as conveniently may be) sufficient par- ticulars of the proposed order to show the objects thereof, and shall prescribe a time within which any objections thereto may be stated or transmitted to the board. XIV. All objections which may be made to any pro- Proceedings posed order shall be considered by the board, who may "^^^ of obrec- suspend the making thereof for further inquiry, or may tions or sug- modify the same, as may be found expedient; and a copy ^^ "'"^' of every such order when made shall, in the case of any local charity, be deposited for the space of one month in some convenient place within the parish or one of the parishes or the district in which the charity is applicable, and also be open to inspection at the office of the com- missioners, and such publicity shall be given thereto among all persons interested in the charity as the board shall consider expedient ; or, if the charity be not local, then a copy of such order shall be open to inspection at the office of the commissioners, and public notice thereof shall be given in such manner as to the board shall seem . fit, and in cases where there is a special visitor, notice shall be given to him. 48 CHAEITABLE TEUSTS. [18 & 19 Vict. The official XV. The secretary for the time being of the board charity lands ^hall be a corporation sole by the name of " The Official constituted. Trustee of Charity Lands," for taking and holding charity lands, and by that name (instead of the name of "Treasurer of Public Charities") shall have perpetual succession ; and all land, or estates or interests in land, now vested in the "Treasurer of Public Charities" by that name shall become, upon the passing of this Act, and by virtue thereof, vested in like manner and upon the same trusts in " The Official Trustee of Charity Lands," and all provisions of the principal Act which have reference to the treasurer of public charities shall operate as if the name of the " Official Trustee of Charity Lands " had been used therein instead of the name of " Treasurer of Public Charities." Power to acting XVI. The acting trustees of every charity, or the grant leases, majority of them, provided that such majority do not consist of less than three persons, shall have at law and in equity power to grant all such leases or tenancies of land belonging thereto, and vested in the official trustee of charity lands, as they would have power to grant in the due administration of the charity if the same land were legally vested in themselves ; and all covenants, conditions, and remedies contained in or incident to any lease or tenancy so granted shall be enforceable by and against the trustees or persons acting in the administra- tion of the charity for the time being, and their alienees or assigns, in like manner as if such lands had been legally vested in the trustees granting such lease or tenancy at the time of the execution thereof, and had legally remained in or had devolved to such trustees or administrators for the time being, their alienees or assigns, subject to the same lease or tenancy (6). Appointments XVII. The Lord Chancellor may from time to time bv of official trupf •' (6) See "Charitable Trusts Act, 1860," sec. 16, post, p. 67. C. 124] CHARITABLE TRUSTS AMENDMENT ACT, 1855. 49 writing under his hand appoint any person to he, jointly tees of chari- with the secretary for the time being of the said board, *''*'^^ ^^'^' At- JS2 • 1 regulated. the oihcial trustees of charitable funds, and remove any such trustees, and every such appointment or removal shall be published in the London Gazette. XVIII. The present official trustees of charitable Such trustees funds, and their successors, to be so appointed, shall *''^''T ''^'" rr 7 petual succes- have perpetual succession by the name of " The Official sion, and may Trustees of Charitable Funds," and may hold by that thtt nime. ''^ name stock in the publfc funds, and stock and shares of any public company, securities, and monies, which shall respectively devolve to their successors, the official trustees of charitable funds for the time being, without transfer or assignment. XIX. All stock in the public funds vested in the joint fuuds to vest names of Henry Morgan Vane, Thomas Hare, and trustees for the Walker Skirrow, esquires, the present official trustees of *™* ''^'"S- charitable funds, shall upon the passing of this Act be transferred by the governor and company of the Bank of England from their names to the account of the official trustees of charitable funds. XX. The official trustees of charitable funds shall, for The ofiSoial the purposes of their trust, keep a banking account in te^p^banking their official name in the books of the governor and account. company of the Bank of England, and the secretary of the board shall keep separate accounts of the monies held upon such account, and belonging to each separate charity. XXI. All orders for payment of any money held upon Mode of draw- such banking account shall be signed by one at least of banking ac- the official trustees of charitable funds, not being the ''°"''*- secretary of the hoard, and also by the secretary, and shall be countersigned by one of the commissioners, or shall be otherwise signed or authenticated in such 50 CHARITABLE TEUSTS. [18 & 19 Vict. manner as the Lord Chancellor shall from time to time by order imder his hand direct; and such orders shall be a sufficient authority to the bank paying the same for all such payments. Trustees may XXII. Any trustee or other person may, on obtaining Z^omtLl^"^ an order of the board for the purpose, transfer any stock trustees. or pay any money to the official trustees of charitable funds in trust for any charity. As to disposal XXIII. AU principal monies belonging to any charity of principal directed to be paid to the official trustees of charitable monies paid to * them. funds shall be paid to their account at the bank, and, subject to any order of the court or judge or of the board by which respectively the payment shall have been authorized, shall be forthwith invested in the public funds in the names of the official trustees of charitable funds, for the benefit of the charity to which they shall belong. All dividends XXIV. The dividends arising from all stock in the due to *the°' public funds standing in the name of the official trustees official trustees of charitable funds shall from time to time be received by funds to be the governor and company of the Bank of England, placed to their under the authority of this Act, for the credit of the said banking ac- , count. official trustees, and shall be placed to their banking account accordingly ; and aU dividends and interest arising from any other stock, shares, or securities standing in the name of or held by the official trustees of charitable funds shall be paid only to the governor and company of the Bank of England for the account of the same trustees ; and the said trustees shall from time to time execute to the said governor and company all such powers as shall be found necessary for enabling them to receive and give effectual discharges for the last- mentioned dividends and interest. For the regu- XXV. No transfer of any stock, shares, or securities C. 124.] CHARITABLE TRUSTS AMENDMENT ACT, 1855. 51 shall be made to the official trustees of charitable funds, lation of trans- nor shall any money, other than the dividends or ^"^j^^f^^^^by interest of any such stock, shares, or securities as afore- tlie official said, be paid to their account, except in pursuance of an order of the Court of Chancery, or of some judge thereof, or of a district court of bankruptcy or county court, or of • the board ; and no transfer of any such stock, shares, or securities shall be made by the official trustees, except \ under the order of such court or judge, or under the order of the board signed by two commissioners, or authenticated in such manner as the Lord Chancellor shall from time to time by any order under his hand direct ; and no transfer to or by the official trustees shall be per- mitted by the governor and company of the Bank of England or any other company contrary to this provision. XXVI. Copies of all orders made by any court or Copies of orders . 1 » . , . /. 1 affecting the judge for any transfer, deposit, or payment of stock, account of the shares, securities, or monies to or by the official trustees ^f be^gent^to'^^ of charitable funds shall be forthwith transmitted to the the board, board by the parties obtaining such orders. XXVII. Every order made under the principal Act or indemnity to this Act, requiring or authorizing the transfer, payment, l^^^^^ ^^ or deposit of any stock, shares, securities, or monies to or ■with the trustees of any charity or the official trustees of charitable funds, or conferring a right to call for or to make such transfer, shall be a complete indemnity to the governor and company of the Bank of England and all companies and persons for any act done pursuant to such order; and the said governor and company and other companies and persons shall be required to give effect or to conform to every such order, and it shall not be neces- sary for them to inquire concerning the propriety of such order, or the jurisdiction of the court or judge or the board to make the same, (c) (c) See "Charitable Trusts Act, I860-," sec. 23, post, p. 69. E 2 52 CHAEITABLE TEUSTS. [18 & 19 Vict. Dividends on XXVIII. All dividends arising from any stock in the ofoffidaiZs- public funds standing in the name of the official trustees tees to he car- of charitable funds, and which shall be certified by the free froM ^"° board to the governor and company of the Bank of Eng- oome tsx. ^^^^^ ^^ ^^ exempt from the property or income tax, shall be paid or carried to the banking account of the official trustees without any deduction of such tax ; and all divi- dends arising from any stock in the public funds standing in any other names or name, and which the board shall certify to the governor and company of the Bank of England to be subject only to charitable trusts, and to be exempt from such tax, shall be paid without any de- duction thereof. Restrictions of XXIX. It shall not be lawful for the trustees or per- charges and g^jjg acting in the administration of any charity to make leases of cna- °, . , .,, ., ^i -j. c rity estates, or grant, otherwise than with the express authority ot parliament, under any Act already passed or which may hereafter be passed, or of a court or judge of competent jurisdiction, or according to a scheme legally established, or with the approval of the board, any sale, mortgage, or charge of the charity estate, or any lease thereof in re- version after more than three years of any existing term, or for any term of life, or in consideration wholly or in part of any fine, or for any term of years exceeding twenty-one years. Sinking fund XXX. So much of section twenty-one of the principal to be provided ^g^ ^g requires a compulsory provision to be inserted in for paying off \ r .u . e .x. • • 1 mortgages in every mortgage lor the payment ot the principal money '^^"^inmort- borrowed by annual instalments, and for the redemption gage deeds. and reconveyance of the mortgaged estates within the period of not more than thirty years, is hereby' repealed ; but the board authorizing any mortgage to be made of any charity estate shall make such provisions, by the same or any other order, as to them may seem necessary, for directing the trustees or persons administering the charity to discharge the principal debt or any part thereof C. 124.] CHARITABLE TRUSTS AMENDMENT ACT, 1855. 53 by such yearly or other instalments within thirty years from the date of the security as to the said board may seem fit, or to form an accumulation or sinking fund out of the income of the charity for discharging the principal debt or any portion thereof within the same period, and shall give directions as to the investment and accumu- lation of such fund, and the trustees for the time being, or persons administering the charity, shall carry such order into effect. XXXI. The twenty-third section of the principal Act Extension of shall extend to authorize a compromise or adjustment of as to oompro- any claim, demand, or cause of suit against any charity, ""^* °^ claims. or the trustees or administrators thereof, and the order of the board in relation thereto shall have the like effect as in the case of any compromise or adjustment for which provision is made by the said section. XXXII. The board may authorize the application of Board may ... • r authorize pay- any funds belonging to any charity in payments lormentfor equality of exchange or partition, or in payment of any ^^^^^^^'^^"^^ expenses incident thereto, or may authorize the trustees partition. to raise any money for such purposes by mortgage of any land acquired on such exchange or partition, or belonging to the charity. XXXIII. Where there shall be uncertainty as to the Power to as- . , ., certain lauds specific part of any lands out of which any rent, annuity, charged with or other periodical payment, not exceeding the yearly r™ts to cha- sum of ten pounds, charged upon some part of the same lands, for the benefit of a charity, shall be payable, it shall be lawful for the board, upon the application of the trustees or persons acting in the administration of the charity and with the consent of the persons interested, according to the aforesaid definition of "persons inte- rested," in the same lands, to determine by their order the land charged with such rent, annuity, or other periodical payment, which shall thenceforth stand charged 54 CHAEITABLE TRUSTS. [18 & 19 Vict. with such rent, annuity, or periodical payment accord- ingly, to the exoneration of the residue of such lands therefrom. Expenses of XXXIV. The expenses incident to the application for *trtSs Ind *°^ procuring of any such order of exchange or partition, determinig or ordsr determining the land charged with any rent, ''rZS'"""^ annuity, or periodical payment, shall be paid by the '' " trustees or administrators of the charity, or by the other parties to such transactions, or by both, as the board may direct. Incorporated XXXV. Any incorporated charity, or the trustees of Weis'fOT*^ any charity, whether incorporated or not, may, with the charities may consent of the board, invest money arising from any sale re^mves in ^^ ^^^^ belonging to the charity, or received by way of equality of exchange or partition, in the purchase of land, and may hold such land, or any land acquired by way of exchange or partition, for the benefit of such charity, without any licence in mortmain. Order of board XXXVI. All orders of the board for the investment of to be carried money coming to any charity, or the trustees thereof on into effect, and g^jj^ g^^jg exchange, or partition, shall be carried into cost to be ~. , '...,,. raised. eflfect by the trustees or persons administering the chanty; and all monies which the board shall order to be pro- vided out of any income or property of a charity for the payment of the costs of any such transaction shall be provided or raised by the trustees or administrators of the charity, and applied accordingly. Board iM,y XXXVII. It shall be lawful for the board to authorize trustees to con- o^ order and direct the official trustee of charity lands vey lands, &c. and the official trustees of charitable funds respectively to convey lands, and to assign, transfer, and pay over stocks, funds, monies, and securities, as the board shall think expedient. C. 124.] CHARITABLE TRUSTS AMENDMENT ACT, 1855. 55 « XXXVIII. All leases, sales, exchanges, partitions, and Leases, &o., to transactions authorized by the board under the principal wUhstan'dbg Act or this Act shall be valid and effectual, notwith- disaWi"g Acts. standing the Act of the thirteenth year of the reign of Queen Elizabeth, chapter ten, the Acts of the fourteenth year of the same Queen, chapters eleven and fourteen, the Acts of the eighteenth year of the same Queen, chapters six and eleven, the Act of the thirty-ninth year of the same Queen, chapter five, and the Act of the twenty-first year of the reign of King James the First, chapter one, or any disaMing Act applicable to the charity the estates whereof shall be the subject of any such transaction. XXXIX. It shall be lawful for the board to prepare. Board may ap- and under their seal to approve of, any scheme for the fo^utthig^^^ letting of the property or any part of the property of any charitable pro- charity; and all leases granted by any trustees or persons acting in the management of any charity, pursuant to or in conformity with such scheme, shall be valid. XL. The board may order the bill of costs or charges Power to refer claimed by any attorney or solicitor on account of busi- charity matters ness conducted or transacted by him on behalf of any to taxation. charity, or the trustees thereof, to be examined and taxed by the taxing masters of the Court of Chancery, or by the proper taxing officers of any of the superior courts at "Westminster, who shall proceed to examine and tax the same bill accordingly ; and if the same shall be reduced upon such taxation by the amount of one-sixth part or more of the amount thereof, the costs of the taxation shall be paid by such attorney or solicitor, but otherwise out of the funds of the charity by the trustees thereof; and the board may, after being satisfied as to any bill that it contains exorbitant charges, order any such bill to be so taxed, notwithstanding that the same may have been paid by the trustees of the charity at any period not more than six calendar months previously to such order ; and 56 CHAKITABLE TEUSTS. [18 & 19 Vict. any amount taxed off any such paid bill shall be a debt due from the attorney or solicitor to the trustees of the charity, and shall be forthwith paid by him to such trus- tees accordingly. Construction XLI. Section twenty-seven of " The Charitable Trusts ifiTiV^Viot ^°^' IS'^^'" s^*^^ ^^ construed and operate as if the c. iSr. ' words " and the trustees of the charity shall be legally authorized to purchase and hold such land " had been omitted therefrom ; and incorporated trustees of any charity shall be competent to purchase and hold lands for the purposes mentioned in the same section without licence in mortmain. Deeds, &o., re- XLII. Any deed, will, or document relating to any ritiea^may be charity may be enrolled by the board in books to be pro- enrolled at the vided and kept by them for that purpose at their office, copies to be ^^^ ^ copy of any such deed, will, or document made evidence. from such books, and certified under the hand of the secretary or one of the commissioners, shall be received as evidence of the contents of the same deed, will, or document. Construction of XLIII. The fifty-fifth and fifty-ninth sections of the 69°o^f 16 &;°17 pi'iiicipal Act shall be construed and operate as if the Vict. c. 137. words " the office of the board" had been inserted therein in the place of the words " the office in London of the registrar of county courts judgments.'' , » Amendment XLIV. Section sixty-one of " The Charitable Trusts 16 Tiy^Yict. ^^^' 1853," except so much thereof as enacts that the c. 137, and trustees or persons acting in the administration of every made ^"t^Te charity shall, in books to be kept by them for that pur- annual returns pose, regularly enter or cause to be entered full and true of accounts by i j ii . , , ., ." , trustees of accounts 01 all money received and paid respectively on charities. account of such charity, shall be repealed as to all accounts which such trustees or administrators shall not have been bound to render before the passing of this Act; C. 124.] CHARITABLE TRUSTS AMENDMENT ACT, 1855. 57 and the trustees or administrators of every charity shall, on or hefore the twenty-fifth day of March, one thousand eight hundred and fifty-six, prepare and make out and transmit to the board an account of the endowments then belonging to the charity, showing in the case of realty not in hand the manner in -which the same is let or occupied, and in the case of personalty the existing in- vestment or employment thereof, and in what names such investments are made; and such trustees or adminis- trators shall also on or before the twenty-fifth day of March next after the acquisition of any endowment not included in the foregoing account prepare and make out in like manner, and transmit to the board, a similar account of such last-mentioned endowment, and in case of any alienation, or charge, or transfer of any real or personal estate of the charity, shall on or before the twenty-fifth day of March then next following transmit to the board an account of such alienation, charge, or transfer, and such trustees or administrators shall also, on or before the twenty-fifth day of March in every year, or such other day as may be fixed for that purpose by the board, or as may have been already fixed for rendering the accounts thereof required by the principal Act, prepare and make out the following accounts in relation thereto ; (that is to say,) (1 .) An account of the gross income arising from the endowment, or which ought to have arisen there- from during the year ending on the thirty-first day of December then last, or on such other day as may have been appointed for this purpose by the board : (2.) An account of all balances in hand at the com- mencement of the year, and of all monies received during the same year on account of the charity : (3.) An account for the same period of all payments : (4.) An account of all monies owing to or from the charity, so far as conveniently may be : which accounts shall be certified under the hand of one 58 CHARITABLE TRUSTS. [18 & 19 Vict. or more of the said trustees or administrators, and shall be audited by the auditor of the charity, if any ; and the said trustees or administrators shall, within fourteen days after the day appointed for making out such accounts, deliver or transmit a copy thereof to the commissioners at their office in London, and in the case of parochial charities shall deliver another copy thereof to the church- warden or churchwardens of the parish or parishes with which the objects of such charities are identified, who shall present the same at the next general meeting of the vestry of such parishes, and insert a copy thereof in the minutes of the vestry book ; and every such copy shall be open to the inspection of all persons at all seasonable hours, subject to such regulations as to the said board may seem fit; and any person may require a copy of every such account or of any part thereof, on paying therefor after the rate of twopence for every seventy-two words or figures. Board may XLV. The board may from time to time make such mate orders as orders as they may think fit in relation to the delivery or to delivery and ... . publication of transmission of the said accounts, and the forms of such trustees ''L accounts, and such orders shall be executed by all trustees and persons from whom the accounts to which they may relate are required. Application XLVI. The sixty-fourth section of the principal Act leTiT^v"^ shall apply as well to members of any charity within the c. 137. operation of that Act as to members of any charity exempted from the operation thereof. Acts not to ap- XLVII. Neither this Act nor the principal Act shall, Cath^ii^cha" ^'itil *^e fi^'st day of September, one thousand eight rities until ist hundred and fifty-six, extend or be in any manner applied ^^ ' to charities or institutions the funds or income of which are applicable exclusively for the benefit of persons of (d) Eoman Catholic cliai'ities became subject to the provisions of the Charitable Trusts Acts, by effluxion of time, on 1st September, 1859. C. 124.] CHARITABLE TEUSTS AMENDMENT ACT, 1855. 59 the Roman Catholic persuasion, and which are under the superintendence and control of persons of that persuasion, nor shall anything in this Act extend to any of the cases ■which by the sixty-second section of the principal Act are excepted from the operation thereof (e). XLVIII. In the construction of the principal Act and As to the tenu this Act the word " Charity " shall include every institu- " °''*"''y' tion in England or Wales endowed for charitable purposes, but shall not include any charity or institution expressly exempted from the operation of the Act of 1853, and words applying to any person or individual shall apply also to a corporation, whether sole or aggregate. XLIX. Nothing in this Act or in the principal Act Act not to ex- contained shaU extend to the colleges of Eton and Win- ^"nol^estor ""^ Chester, or either of them. L. This Act may be cited as " The Charitable Trusts Short title. Amendment Act, 1855." 83 & 34 VICT. Cap. 136. An Act to amend the Law relating to the Administration of Endowed Charities. [2Sth August, I860.] Wheeeas it is expedient to provide increased and inexpensive facilities for the administration of endowed charities: 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 pre- seiit parliament assembled, and by the authority of the same, as follows : I. "The Charitable Trusts Act, 1853," and " The The Charitable Trusts Acts to (e) See "Boman Catholic Charities Act, ISeO," poit, p. 74. 60 CHARITABLE TRUSTS. [33 & 24 Vict. be construed Cliarltable Trusts Amendment Act, 1855," and this Act, viith this Act. gjjg^^ ^g construed together as one Act, and any pro- visions of the said former Acts inconsistent with this Act are hereby repealed. Certain ad- jj. The board of charity commissioners for England powers'^to'be and Wales, subject to the restrictions and rights of throhlrit* ^^ appeal hereinafter provided, shall have power from time commissioners, to time, upon the application of any person or persons who, under the forty third section of "The Charitable Trusts Act, 1853," might be authorized to apply to any judge or court for the like purposes, to make such effectual orders as may now be made by any judge of the Court of Chancery sitting at chambers, or by any county court or district court of bankruptcy, for the appointment or removal of trustees of any charity, or for the removal of any schoolmaster or mistress or other officer thereof, or for or relating to the assurance, transfer, payment, or vesting of any real or personal estate belonging thereto, or entitling the official trustees of charitable funds, or any other trustees, to call for a transfer of and to transfer any stock belonging to such estate, or for the establish- ment of any scheme for the administration of any such charity. Board to no- HI. The Said board, previously to making any order of charity their under the jurisdiction vested in them by this Act, shall intention of ex- notify to the trustees or administrators (if any) of the ercismg juns- .•' .... diction. chftrity to be affected thereby their intention of exer- cising such jurisdiction, by notice in writing, to be de- livered to them, or sent to them by the post at their last known place of abode in Great Britain or Ireland. The powers to IV. The Said board shall not make any order, under oTefnotha'^^* the jurisdiction vested in them by this Act, with respect rities of which to any charity of which the gross annual income, exclu- comfsWUx- sively of the yearly value of any buildings or land used ceed 50/. with- wholly for the purposes thereof, and not yielding any C. 136.] CHARITABLE TRUSTS ACT, 1860. 61 pecuniary income, shall amount to fifty pounds or up- out application wards, except upon the application of the trustees or "^ *'''"°*^®^" persons acting in the administration of the charity, or a majority of them, to be made to the said board in writing under their hands if they shall be unincorporated, or under their common seal if they shall be incorporated, and the board shall not make any order removing any trustee on the ground only of his religious belief. V. The said board also shall not exercise the jurisdic- The board shall tion hereby vested in them in any case which, by reason wia^jUotioiT of its contentious character, or of any special questions <>7«r conten- of law or of fact which it may involve, or for other reasons, they may consider more fit to be adjudicated on by any of the judicial courts. VI. No order appointing or removing a trustee, or Notices to be establishing a scheme for the administration of any ^ders" and ob° charity, shall be made by the said board before the jections or sug- expiration of one calendar month after public notice of received. the proposal to make such order shall have been given, as they maj'^ consider most expedient and effectual for ensuring the publicity thereof, in each parish or district in which the charity, if of a local character, shall be applicable, or among all persons interested therein ; and no order removing a trustee or schoolmaster or mistress or other officer of a charity who shall have any known place of residence in Great Britain or Ireland, and who shall not be consenting to be discharged, shall be made before the expiration of one calendar month after notice of the proposal to make such order shall have also been delivered to him or her, or sent by the post or otherwise to such his or her place of residence, and until after sufficient hearing of the matter before the said board, or some member thereof, or one of their inspectors ; and every notice hereby required shall contain (so far as conveniently may be) sufficient particulars of the objects of the proposed order, and shall prescribe a reasonable 62 CHARITABLE TRUSTS. [23 & 24 Vict. time within which any objections thereto or suggestions thereon may be made or transmitted to the board ; and the said board shall receive and consider all such objec- tions and suggestions, and may withhold, suspend, or modify their proposed order, as they shall thereupon, or in the result of further inquiry, or otherwise, think expedient. Publication of VII. A copy of every such order when made shall, in orders!^" the case of any local charity, be deposited for the space of one calendar month in some convenient place within the parish or one of the parishes or in the district in which the charity shall be applicable, and shall be open to public inspection there at all reasonable hours during the same period ; and a copy also of every such order re- lating to any charity, whether local or general, shall be kept open to public inspection at all reasonable hours, at the office of the commissioners, during a like period of one calendar month ; and in each case effectual publicity shall be given to the making of the order by such means as the board shall consider most expedient for that purpose. Power to ap- VIII. The attorney-general, or any person authorized ordeiB^oTboard. ^^ ^^"^ °^ ^^ *^® ^^^^ board, in the case of any charity, whatever may be the yearly income of its endowments, and any trustee or person acting in the administration of or interested in any charity of which the gross yearly income to be calculated in manner aforesaid shall exceed fifty pounds, or any two inhabitants of any parish or district in which the same shall be specially applicable, may within three calendar months next after the defini- tive publication of any order of the said board appointing or removing a trustee or trustees, or for or relating to the assurance, transfer, payment, or vesting of any real or personal estate, or establishing a scheme for the administration of the charity, present a petition to the High Court of Chancery in a summary way, appealing C. 136.] CHARITABLE TRUSTS ACT, 1860. 63 against such order, and praying such relief as the case may require; and any schoolmaster or schoolmistress or other officer removed by the order of the board, without the concurrence of the trustees or persons acting in the administration of the charity, or a majority of them, and without the approval of a special visitor, if any, of the charity, may, within two calendar months (next after his' or her removal), appeal in like manner against the order of removal; and the court, upon or before the hearing of any such petition of appeal as aforesaid or at any stagfe of the proceedings, may require, if it shall think fit, from the said board, their reasons for making the order appealed against, or for any part of such order, and may remit the same to the board for reconsideration, with or without any declaration in rela- tion thereto, or may make any substitutive or other order in relation to the matter of the appeal, as it shall think just; and the court may make any order respecting the costs, charges, or expenses incident to the appeal, and may also, before hearing or proceeding with the same, require from any appellant, other than the attorney- general, proper security for such costs, charges, and expenses as may be eventually payable by him; but no such petition of appeal shall be presented by any person, other than the attorney-geiieral, before the expiration of twenty-one days after written notice, under the hand of such appellant, of his or her intention to present such petition, shall have been delivered to the said board at their office. IX. The attorney -general, if he shall think fit, or any who may be person authorized by him or by the said board, may *^® respondent appear as the respondent upon any such appeal, and the court may make any order respecting the costs, charges, and expenses of the attorney-general or other defendant. X. The jurisdiction vested by this Act in the said Powers to be board shall be exercisable with reference to charities "Pp^'*''^* *° 64 CHARITABLE TRUSTS. [23 & 24 Vict.. charities vested vested in any corporation sole or aggregate, who, either m eorporatioEs, ^^j^j^ ^^ jointly with any other person or persons, shall also be the recipients of the benefit thereof. Jnrisdietion of XI. The jurisdiction vested by the Charitable Trust TOuiW blnk- Act, 1853, in the district courts of bankruptcy and county ruptoy and courts, over charities not possessing a larger gross yearly enlarged!"' ^ income than thirty pounds, shall be exercisable by the said courts respectively for the like purposes and under the like provisions over charities of which the gfoss yearly income for the time being, to be calculated in manner aforesaid, shall not exceed fifty pounds, in the same manner as if the last-mentioned limit to the juris- diction of the said courts had been fixed by the said former Act. Official trustees XII. Any court or judge, or the said board, having of charitable iurisdiction to authorize the official trustees of charitable funds may be "' empowered to funds to call for a transfer of and to transfer any an- of divWends!" nuities, stock, or securities, may empower them also to receive and recover, in trust for the charity to which the same shall belong, all dividends, interest, and income accrued from any such annuities, stock, or securities respectively, and which shall for the time being be in arrear. Power for ma- XIII. Where any schoolmaster or mistress or other giTe'pMsession o^cer, or any recipient of the benefit of a charity, being of school build- in possession by virtue of his or her office, or as such perty^heirover recipient, of any house, buildings, land, or property of by officers or the charity, shall have been removed from or shall cease recipients of ,■,■,■, , , . „ charities. to hold such his or her office, or his or her place as such recipient, but he or she, or any person claiming under him or her, shall refuse or neglect to relinquish the possession of such house, buildings, land, or property within one calendar month next thereafter, to his or her successor, or to the trustees or persons acting in the administration of the charity, or as they shall direct, it C. 136.] CHARITABLE TRUSTS ACT, 1860. 65 shall be lawful for any two or more justices of the peace acting for the district, division, or place in which such house, buildings, land, or property shall be situate, in petty sessions assembled, and they are hereby required, on the complaint of the said trustees or administrators, and on the production of an order of the said board certifying such school master or mistress or other ofi&cer or recipient to have been duly removed from or to have ceased to hold his or her office or place, (which order under the seal of the said commissioners shall be conclu- sive evidence of the facfs thereby certified, and of the jurisdiction of the said commissioners to make such order for all the purposes of this enactment, and shall afford a complete indemnity to aU persons acting thereunder,) to issue a warrant under the hands and seals of such justices to any constables or peace officers of the same district, division, or place, commanding them, within a period to be thereby appointed, not being less than ten or more than twenty-one clear daj's thereafter, to enter, into the premises, and deliver possession thereof to the said trus- tees or administrators, or their nominee or agent, and to remove therefrom such former school master or mistress, or other officer or recipient, and all persons claiming in his or her right, as fully and effectually, and subject to the same provisions, as nearly as the case will permit, as justices of the peace are empowered to give possession of any properties to the landlord or his agent upon the determination of the tenancy thereof, under an Act (a) passed in the first and second years of the reign of Her Majesty, chapter seventy-four, for facilitating the recovery of possession of tenements after the determination of the tenancy. XIV. Every school master and mistress appointed after Matters and the date of this Act shall be removable from his oi- her ^'(10^6^*' ° office, after reasonable notice by the trustees or persons schools to be removable . (a) See Act, post, p. 261. 06 CHARITABLE TRUSTS. [23 & 24 Vict. acting in the administration of the charity, as they shall think expedient in the interests thereof, so nevertheless that the removal by virtue only of this provision of a master or mistress who would be otherwise irremovable from his or her ofl&ce shall be determined on by all or a majority of such trustees or administrators assembled at a meeting convened by due notice, delivered or sent by the post to aU such trustees or administrators who shall have any known place of residence in Great Britain or Ireland, by the space of not less than twenty-eight* days previously, for the special purpose of considering and determining on the question of such removal, and of which intended meeting a notice shall also be delivered or sent in like manner to the master or mistress by the same previous space, and so also that the resolution of the meeting for the removal of any such last-mentioned master or mistress shall be forthwith certified under the hands of the trustees or persons acting as aforesaid who shall have concurred therein, or under the hand of the chairman of the meeting, and shall within seven days next thereafter be transmitted to the said board for their approval, and the same shaU not take effect unless or until the same shall have been approved by the said board, who may also, if they so think fit, fix the time or any reasonable conditions at or under which the same shall come into operation ; if also there shall be any special visitor of the charity who shall be resident in Great Britain or Ireland, and free from incapacity, no removal of any such last-mentioned master or mistress shall be made under the authority only of the preceding provision without the written consent of such visitor: provided always, that this section shall not apply to any endowed grammar school. Sect. 21 of XV. The power vested in the said board by the twenty- oMrfer"** fij'st section of " The Charitable Trusts Act, 1853," of tended. authorizing the application of monies belonging to any charity, or to be raised on the security of the properties 0. 136.] CHAETTABLE TE^TS ACT, 1860. ; 67 thereof, to the improvement of such properties, shall extend to authorize the application of any like monies to any other purpose or object which the board shall con- sider to be beneficial to the charity or the estate or objects thereof, and which shall not be inconsistent with the trusts or intentions of the foundation. XVI. A majority of two -thirds of the trustees of any a majority of charity assembled at a meeting of their body duly consti- {^gaf 'o^e^of* tuted, and having power to determine on any sale, ex- deaKng with change, partition, mortgage, lease, or other disposition of estateaT' ^ any property of the charity, shall also have a legal power, on behalf of themselves and their co -trustees, and also of the ofl&cial trustee of charity lands, where his concur- rence would be otherwise required, to do, enter into, and execute all such acts, deeds, contracts, and assurances as shall be requisite for carrying any such sale, exchange, partition, mortgage, lease, or disposition into legal effect, and all such acts, deeds, contracts, or assurances shall have the same legal effect as if the same were respec- tively done, entered into, or executed' by all the acting trustees for the time being, and by the said official trustee. XVII. No official trustee of charitable funds, ap- official tmstee pointed under or in pursuance of the first or secondly ""' *<• ^ *"" recited Act, shall be chargeable with or accountable for logs unless oc- any loss or misapplication of the said charitable funds, own^egk^.*"" or the dividends, interest, or income thereof, unless the same shall have been occasioned by or through his own wilful neglect or default. XVIII. The official trustees of charitable funds shall Accounts to be lay before parliamedt annually, on or before the four- p^iiaLeS. teenth day of February, or as soon as practicable after parliament shall be sitting, an account of the total amount of the capital stock, shares, and securities trans- ferred to them in the year ending the thirty-first day of f2 68 • CHAEITABLE TEUSTS. [23 & 24 Vict. c. 136. December preceding, and of the total amount of monies, other than dividends or interest, paid to them or to their account during the same period, and of the investment thereof, and of the capital stock, shares, and securities sold or re-transferred by them during the same period, and of the aggregate amount of the capital stock, shares, funds, and securities, and the balance of cash, held by them on such preceding thirty-first day of December. Power to re- XIX. The board may require any person having the m"s?o^^fdoou- custody or control of any deed or document in which any raents belong- charity or charities shall be solely interested to transmit mg r 1 . ^j^^ same to the office of the said commissioners for ex- amination ; and where such deed or document shall not be held by any person entitled as a trustee or otherwise to the custody thereof, the board may either retain the same, for the security thereof, in the repository provided by them under the sixty-third section of " The Charitable Trusts Act, 1853," or, as they may think most advanta- geous to the charity, may thereupon, or at any time there- after, return or issue the same to the trustees or persons acting in the administration of the charity, for the pur- poses thereof. Orders to be XX. All orders made by the said board under the under former^ Provisions of this Act shall be enforceable by the same Acts. means, and shall be subject to the same provisions, as are applicable under the Charitable Trusts Act, 1853, and the Charitable Trusts Amendment Act, 1855, respec- tively, to any orders of the said board made thereunder. Board to make XXI. The said board shall from time to time make such minutes as shall be required relative to the institu- tion and conduct of their proceedings under the jurisdic- tion created by this Act. Salary of the XXII. There shall be paid to the secretary for the time secretary. - feeing of the Said commissioners, in consideratiou of the 25 & 26 Vict. ) CHARITY COMMISSIONERS JURISDICTION ACT. 69 C. 112. J increase and extent of his official duties, such a salary, not exceeding the annual sum of eight hundred pounds, in lieu of the salary payable to him under the firstly-cited Act, as shall from time to time be allowed by the com- missioners of Her Majesty's treasury. XXIII. Every order made under this Act under which Indemnity to any stock, shares, secuities, or monies shall be transfer- England and red or paid to or deposited with the trustees of any otheie. charity, oi* the official trustees of charitable funds, shall afford a complete indemnity to the governor and company of the Bank of England, and to all companies and persons by whom respectively any such transfer, payment, or deposit shall be permitted or made, for permitting or making the same, and the said governor and company and other companies and persons shall be required to give effect or to conform to such order, and it shall not be necessary for them to inquire concerning the propriety of the same order, or the jurisdiction under which the same shall purport to be made. XXIV. Every commissioner, secretary, and inspector Commissioners, acting under or employed for the purposes of the said froi^^r^ng'' Acts shall be exempt from serving on juries while heonjaries. shall be so acting or employed. XXV. This Act may be cited for all purposes by the Short title. short title of " The Charitable Trusts Act, 1860." 25 & 26 VICT. Cap. 112. An Act for establishing the Jurisdiction of the Charity Commissioners in certain Cases. [7th August, 1862.] Whereas by the Acts relating to the charity com- missioners for England and Wales authority has been 70 CHARITABLE TEUSTS. [25 & 36 Vict. C. 112. given to the commissioners to make orders for various purposes in charity cases upon summary application, and particularly in relation to the appointment and removal of trustees, • and the sale, exchange, leasing, and improvement of the property of charities : and whereas in various private Acts of parliament and decrees and orders of the High Court of Chancery relating to charities such powers and authorities are often given or reserved, with directions that the same shall be exercised by the said court, or with its sanction or approbation, and doubts are entertained whether in such cases the authority given to the charity commis- sioners can be validly exercised : be it therefore enacted and declared 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 : No provision in I. No provision contained in any such Act of parlia- fSment or d*^' ^^^^ °^ decree or order as aforesaid for the appoint- cree relating to ment or removal of trustees of any charity, or for or ' under Tny order '■elating to the Sale, exchange, leasing, disposal, or of tlie Court of improvement of any property, by or under the order exclude any or with the approval of the Court of Chancery, shall whioh'might ^^^ *^^ absence of any express direction to the contrary, ' otherwise be to be contained in any future Act of parliament, thecharity^ order. Or decree), exclude or impair any jurisdiction or commissioners, authority which might otherwise be properly exercised for the like purposes by the charity commissioners for England and Wales. ROMAN CATHOLIC CHAEITIES EXEMPTION ACT (1856). 71 19 & 20 VICT. Cap. 76. An Act to continue for a limited Time the Exemption of certain Charities from the Operation of the Charitable Trusts Acts. [29th July, 1856.] Whereas by the " Charitable Trusts Act," 1853, it 16 & H ViJt. was provided, that such Act should not for the period of two years from the passing thereof extend or be in any manner applied to charities or institutions the funds or income of which were applicable exclusively for the benefit of persons of the Roman Catholic persuasion, and which were under the superintendence or control of persons of that persuasion : And whereas by the " Chari- 18 & 19 Vict. table Trusts Amendment Act, 1855," such charities or "■ institutions as aforesaid were exempted in like manner from the operation of the said Amendment Act, and the exemption so extended was continued until- the first day of September one thousand eight hundred and fifty- six : And whereas it is expedient that such exemption should be continued as herein-after mentioned : 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 : I. The said Acts shall not, until the first day of Exemption September, one thousand eight hundred and fifty-seven, l^^ g^pj igj; extend or be in any manner applied to the charities or institutions aforesaid. 72 CHARITABLE TRUSTS. [iO & 21 Vict. C. 76. 20 & 21 VICT. Cap. 76. An Act further to continue for a limited Time the Exemp- tion of certain Charities from the Operation of the Charitable Trusts Acts. [25thAwguit, 1857.] 16 & 17 Vict Whereas by "The Charitable Trusts Act, 1853," it was provided that that Act should not, for the period of two years from the passing thereof, extend or be in any manner applied to charities or institutions the funds or income of which were applicable exclusively for the benefit of persons of the Roman Catholic persuasion, and which were under the superintendence or control of persons of that persuasion : And whereas IS & 19 Vict, by "The Charitable Trusts Amendment Act, 1855," "■ ■ such charities or institutions as aforesaid were exempted in like manner from the operation of the said Amend- ment Act, and the exemption so extended was continued until the first day of September, one thousand eight hundred and fifty-six, and has since been extended to the first day of September, one thousand eight hundred 19 & 20 Vict, and fifty-seven : And whereas it is expedient that such "■ '®' exemption should be continued as herein -after mentioned: 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 : Exemption I. That the said Acts shall not, imtil the first day of 1st Sept. 1858. September, one thousand eight hundred and fifty-eight, extend or be in any manner applied to the charities or institutions aforesaid. ROMAN CATHOLIC CHARITIES EXEMPTION ACT (1858). 73 21 & 2S VICT. Cap. 51. An Act further to continue the Exemption of certain Charities from the Operation of the Charitable Trusts Acts. [2Srd July, 1858.] Whereas by " The Charitable Trusts Act, 1853," it ^^ *^" ^J"*- was pro^ided, that that' Act should not, for the period of two years from the passing thereof, extend or be in any manner applied to charities or institutions the funds or income of which were applicable exclusively for the benefit of persons of the Roman Catholic persuasion, and which were under the superintendence or control of persons of that persuasion : And whereas ^^ *■ ^^ ^^<'^- by " The Charitable Trusts Amendment Act, 1855," such charities or institutions as aforesaid were exempted in like manner from the operation of the said Amend- ment Act, and the exemption so extended was continued until the first day of September, one thousand eight hundred and fifty-six, and has since been extended to 20 & 21 Viot. the first day of September, one thousand eight hundred and fifty-eight : And whereas it is expedient that such exemption should be continued as herein-after mentioned : 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 : I. The said Acts shall not, until the first day of Exemption con - September, one thousand eight hundred and fifty-nine, g°"^ jg^g^ /„\ extend or be in any manner applied to the charities or institutions aforesaid. (a) Roman Catholic charities became subject to the provisions of tlie Chari- table Trusts Acts by effluxion of time, 1st September, 1859. 74 CHARITABLE TRUSTS. [33 & 24 Vict. 23 & 24 VICT. Cap. 134. An Act to Amend the Law Regarding Roman Catholic Charities. . „ „ , l2Sth Augutt, I860.] Whereas it is expedient that the laws concerning charities relating to or connected with the Koman Catholic religion in England or Wales should be amended in the particulars hereinafter provided for: he it enacted by the Queen's most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and the Commons, in this present parliament assembled, and by the authority of the same, as follows : Charities for ^- No existing or future .gift or disposition of real or lawful pur- personal estate upon any lawful charitable trust for the invalidated by exclusive benefit of persons professing the Boman the addition of Catholic religion shall be invalidated by reason only that unlawful trust, ° . , but the pro- the Same estate has been or shall be also subjected to any appOTtkmed^ trust Or provision deemed to be superstitious, or other- and the whole -wise prohibited by the laws affecting persons professing ful purposes, the same religion, but in every such case it shall be lawful for the High Court of Chancery, or any judge thereof sitting at chambers, in exercise of the jurisdiction created by the Charitable Trusts Act, 1853, upon the application of Her Majesty's attorney-general, or of any person authorised for this purpose by the certificate of the Board of Charity Commissioners for England and Wales, or for the said board upon the application of the person or persons acting in the administration of such real or personal estate, or of a majority of such persons, to apportion the same estate, or the annual income or benefit thereof, so that a proportion thereof, to be fixed by such court or judge, or by the said board, as the case may require, may be exclusively subject to the C. 134.] ROMAN CATHOLIC CHAEITIE3 ACT (1860). - 75 lawful charitable trusts declared by the donor or settlor, and that the residue thereof may become subject to such lawful charitable trusts for the benefit of persons pro- fessing the Roman Catholic religion, to take effect in lieu of such superstitious or prohibited trusts as the said court or judge, or the said board, may consider under the circumstances to be most just ; and also that it shall be lawful for the court or judge, or board, making any such apportionment by the same or any other order or orders to establish any scheme for giving effect thereto, and to appoint trustees for the administration of the several portions of such real and personal estate, according to the trusts established of the same proportions respectively, and to vest the estate to be so apportioned in the trustees so to be appointed. II. No proceedings at law or in equity shall be No proceedings 1 ■, , . ,-, .J , . i. r to be iustituted brought or instituted on account or in respect or any ^ ^g dealings dealings, transactions, matters, or things with or con- "i*'' Roman . ° , ' ' f. Catholic ohari- cemmg any real or personal estate subject to any use, ties prior to trust, gift, foundation, or disposition for any charity ^ \h^' *' relating to or connected with the Roman Catholic religion which took place prior to the passing of the Act of the second and third years of the reign of King William the Fourth, chapter one hundred and fifteen (a) : provided that nothing herein contained shall extend to sanction or exempt from such proceedings as aforesaid the fraudulent misapplication or conversion of any such real or personal estate to any private use or purpose not being charitable. III. No deed or other assurance for any charity Certain deeds relating to or connected with the Roman Catholic catholic chari- relision made subsequently to the passing of the Act *'^^ "°* *" ^^ J ■ 4.1. ■ 4.U Au ■ t T^- n 4.U void if enrolled passed in the ninth year oi the reign of King George the within twelve months from passing of Act. (o) " An Act for the hetl«r securing the charitable donations and bequests of His Majesty's subjects in Great Britain professing the Roman Catholic religion." 76 CHARITABLE TRUSTS. [23 & 24 Vict. Second, intituled " An Act to restrain the Disposition of Lands whereby the same become inalienable," and before the passing of this Act, shall be void or voidable by- reason of the same not having been made, perfected, or 9 Geo. 2, 0. 36. enrolled in the manner directed by the first-named Act, or otherwise, under the provisions of the said Act, if such deed or assurance has been or shall be, within twelve months a'fter the passing of this Act, enrolled in the High Court of Chancery: provided that every deed or assurance for any such charity as aforesaid coming within the provisions of the Act passed in the ninth year of the 9 Qeo. i, a. 85. reign of King George the Fourth, intituled " An Act for remedying a Defect in the Titles of Lands purchased for Charitable Purposes," shall have the benefit thereof not- withstanding anything herein contained. Expense of en- IV. The expense of the enrolment of any deed under to be defrayed, the. third Section of this Act shall be defrayed out of the property subject to the charity to which the same may relate. The trusts of V. Where any real or personal estate subject to any cbiirities in the j. -r j^ i • ■>• • • .• i • absence of set- use, trusit, gilt, toundation, or disposition for any charity beasTertatnYd relating to or connected with the Roman Catholic from the usage, religion, shall have been applied upon any charitable trusts relating to or connected with the same religion during any continuous period of twenty years, but the original trusts of such property shall not be ascertained by means of any written document, the consistent usage of the last preceding twenty years, or of the last period of twenty years during which any consistent usage in the application of such property shall have prevailed, shall be deemed to afford conclusive evidence of the trusts on which the same property shall have been settled. The Act not to VI. Nothing in this Act contained shall extend to give orpendinr'* ^^^°* *° '^^ "^^' ^'^^st, gift, foundation, or disposition proceedings or heretofore made which has been already avoided in any C. 134.] EOMAN CATHOLIC CHARITIES ACT (1860). 77 proceeding at law or in equity, or to prejudice any suit at adverse pos- law or in equity commenced before the passing of this ^^^'°°- Act, or to aflfect any property held or enjoyed beneficially by any person or persons at the time of the passing of this Act adversely to any such use, trust, gift, foundation, or disposition. VII. Nothing in this Act contained shall be taken to Nothing io 1 • 1, ■ • r A . this Act to re- repeal or m any way alter any provisions oi an Act pg-^i provisions passed in the'tenth year of His late Majesty King George of lo Geo. 4, the Fourth, intituled " An Act for the relief of His Majesty's Roman Catholic Subjects," respecting the suppression or prohibition of the religious orders or societies of the Church of Rome bound by monastic or religious vows. VIII. In the construction of this Act, except where Interpretation the context or other provisions of this Act shall require ° a different construction, the expression " Charity " herein contained shall be construed to mean and include the same matters and things as the like expression means and includes in the " Charitable Trusts Act, 1853." IX. This Act may for all purposes be cited as " The Short title. Roman Catholic Charities Act." X. This Act shall be confined in its operation to Extent of Act. England and Wales. PAKT 11. CHARITABLE USES (1601) 43 Buz. c. 4. APPRENTICES U 609) 7 Jamks I. o. 3, ». 2 and 4. MORTMAIN (1736) 9 Geo. II. c. 36. (1828) 9 Geo. IV. u. 85. (COKVBTANOB OF LAKD FOB CHARITABLE ) „ o o .■ tt Uses) . ' . . . . j (l^^^) 21 Viot. o. 9. » » (1862) 25Vi0T. c. 17. .. » (1863) 26 & 27 ViOT. c. 106. >i ,, (1864) 27 ViOT. «. 13. .1 » (1866) 29 & 30 Tioi. c. 57. (Companies Act, 1862) . . . | ^5 & 26 Viot c 89, s. 1, ^ ' ' ( Part I., 6 and 21. LAND TAX (Table of Aots). LEGACY DUTY (Table of Acts and Duties). ,, (Exemptions fbom) , ASSESSED TAXES (Window Duty) (Ihhabitbd House Duty) (Pbofebty and Income Tax) STAMP DUTIES . FIRE INSURANCE. REGISTERING AND SECURING CHARITABLE) DONATONS . CHURCH BUILDING EXCHANGES (of Lands subject to Chabitable Pukfoses) .... (1799) 39 Geo. IIL o. 73; s. 1. ( (1808) 48 Geo. IIL c. 55, Cases II. j III. IV. ( (1851) 14 & 15 ViOT. c. 36, s. 1, 2, j and 4. (1842) 5 & 6 Vict. c. 35, s. 61 and 88. (1860) 23 ViOT. c. 14, a. 10. (1852) IS & 16 Vict. c. 55, s. 13. (1782) 22 Geo. III. c. 48, .,. 2. (1812) 62 Geo. III. c. 102. (1803) 43 Geo. III. c. 108. ( (1818) 58 Geo. III. c. 45, s. 33, 36, I i5, and 46. (1819) 59 Geo. III. o. 134, s. 37. (1822) 3 Geo. IV. o. 72, s. 1, 11, 15. (1838) 1 & 2 Vict. e. 107, s. 9. (1840) 3 & 4 ViCT.'c 60, s. 19. (1845) 8 & 9 Vict. c. 70, s. 19 and 22. I (1821) 1 & 2 Geo. IV. o. 92. J (1845) 8 & 9 Vict. c. 118, s. 147, J and 149 to 151. (1846) 9 & 10 Viot. c. 70, s. 9 to 11. (1847) 10&llViOT.o.lll,s.4aud6. PAKT n. EXCHANGES (of Lands sfejeot to Charitable ) (1848) 11 & 12 Tioi. c. 99. s. 13 - ■ . I and 14. (1849) 12&13ViOT.c.83.s.7andll. / (1852) 15 & 16 VioT. 0. 79, ». 17, t 21, 29, 31 and 32. (l!854) 17 & 18 Vict. c. 97, s. 1 to 5. (1867) 20 & 21 ViOT. 0. 31, s. 4 to 11. (1859) 22 &23VIOI.C. 43,6.10 to 12. (1862) 25&26VICT. 0. 108. COPYHOLD ACT, 1858 (Compclsokt ENraAuOHisE- ) .,ggg> gi & 22 Vioi c. 94, ». 15. MENl) . . ■ ) ^ ' , LIMITATION OF ACTIONS (1833) 3 & 4 Wh. IV. «. 27. MUNICIPAL COKPOEATIONS ACT . ,, „ (Amendment) GEAMMAR SCHOOLS . ENDOWED SCHOOLS ACT . SCHOOL SITES (Titles oe Relisiocs Congbesations) LITERARY AND SCIENTIFIC INSTITUTIONS I (1854) 17 & 18 Vict. c. 81, s. 31. UNIVERSITIES (Colleges op Oxeokd and Win Chester) ,, (Colleges of Cambridge and EtonX (1856) 19 & 20 ViOT. c. 88, s. 33. METROPOLIS LOCAL MANAGEMENT . SMALL TENEMENTS (Reoovert of Possession) LANDS CLAUSES CONSOLIDATION ACT, 1845 BURIAL GROUND RECREATION GROUNDS ACT, 1869 . ' . BISHOPS' TRUSTS SUBSTITUTION . LARCENY ACT (Fbadditlbnt Trustees). INVESTMENT OF TRUST FUNDS . PARLIAMENTARY SCHEMES (Table of). MINUTES OF BOARD. <1835) 6 & 6 Wm. IV. """^ ^"""^ . , of money, rents, advowsons, or other hereditaments, corporeal or goods, &o., to incorporeal, whatsoever, nor any sum or sums of money, etaritable'uses goods, chattels, stocks in the public funds, securities for money, or any other personal estate whatsoever, to be laid out or disposed of in the purchase of any lands, tenements, or hereditaments, shall be given, granted, aliened, limited, released, transferred, assigned, or ap- pointed, or any ways conveyed or settled, to or upon any person or persons, bodies politic or corporate, or other- wise, for any estate or interest whatsoever, or any ways charged or incumbered by any person or persons what- 90 CHAKITABLE TRUSTS. [9 GeO. 3, soever, in trust or for the benefit of any charitable uses whatsoever, unless such gift, convej'ance, appointment, or settlement of any such lands, tenements, or heredita- ments, sum or sums of money, or personal estate (other nuless by deed than stocks in the public funds), be and be made by deed Secuted'b*"* indented, sealed and delivered in the presence of two or fore two wit- more credible witnesses twelve calendar months at least month's before before the death of such donor or grantor (including the the death of ^jj„g ^f ^.jjg execution and death), and be enrolled in His the donor, and ■' ..... enrolled, &c. Majesty's High Court of Chancery within six calendar months next after the execution thereof, and unless such stocks be transferred in the public books usually kept for the transfer of stocks, six calendar months at least before the death of such donor or grantor (including the days of the transfer and death), and unless the same be made to take effect in possession for the charitable use intended immediately from the making thereof, and be without any power of revocation, reservation, trust, condition, limita- tion, clause, or agreement whatsoever for the benefit of the donor or grantor or of any person or persons claiming under him. The said limi- II. Provided always, that nothing hereinbefore men- extend to pur- tioned relating to the sealing and delivery of any deed or chases or deeds twelve calendar months at least before the death of for valuable the grantor, or to the transfer of any stock six calendar considerations, j^^^ouths before the death of the grantor or person making such transfer, shall extend or be construed to extend to any purchase of any estate or interest in lands, tenements, or hereditaments, or any transfer of any stock, to be made really and bond fide for a full and valuable consideration (a) actually paid at or before the making such conveyance or transfer, without fraud or collusion. made JtCT ''"■'"■'•■ ^^^ ^^ ^* further enacted by the authority afore- 24th June, Said, that all gifts, grants, conveyances, appointments, (a) See 9 Geo. 4, c. 85, sec. 1, p. 94 ; and 24 Vict. c. 9, see. 3, p. 98. C. 36.] MORTMAIN. 91 assurances, transfers, and settlements whatsoever of any 1736, other- lands, tenements, or other hereditaments, or of any estate ^oted by tbis or interest therein, or of any charge or incumbrance ^«' *<> be abso- affecting or to affect any lands, tenements, or heredita- ments, or of any stock, money, goods, chattels, or other personal estate, or securities for money, to be laid out or disposed of in the purchase of any lands, tenements, or hereditaments, or of any estate or interest therein, or of any charge or incumbrance affecting or to affect the same, to or in trust for any charitable uses whatsoever, which shall at any time from and after the said twenty-fourth day of June one thousand seven hundred and thirty-six be made in any other manner or form than by this Act is directed and appointed shall be absolutely and to all intents and purposes null and void. IV. Provided always, that this Act shall not extend or But not to pro- be construed to extend to make void the dispositions of 1^"'^^°^^,.*^;^*™. any lands, tenements, or hereditaments, or of any personal the colleges of estate to be laid out in the purchase of any lands, tene- cheater or ments, or hereditaments, which shall be made in any other Westminster. manner or form than by this Act is directed, to or in trust for either of the two universities within that part of Great Britain called England, or any of the colleges or houses of learning within either of the said universities, or to or in trust for the colleges of Eton, Winchester, or Westminster, or any or either of them, for the better support and maintenance of the scholars only upon the foundations of the said colleges of Eton, Winchester, and Westminster. V. Provided nevertheless, and be it enacted by the No college to authority aforesaid, that no such college or house of Towson"than learning which doth or shall hold or enjoy so many ^^^ ^^ equal advowsons of ecclesiastical benefices as are or shall be of their fel- equal in number to one moiety of the fellows or persons ^°^^' *°" usually styled or reputed as fellows, or, where there are or shall be no fellows or persons usually styled or reputed as fellows, to one moiety of the students upon the founda- 92 CHARITABLE TEUSTS. [9 GeO. 4j tion whereof any such college or house of learniug doth or may by the present constitution of such college or house of learning consist, shall, from and after the twenty -fourth day of June one thousand seven hundred and thirty-six, be capable of purchasing, acquiring, receiving, taking, holding, or enjoying any other advowsons of ecclesi- astical benefices by any means whatsoever; the advowsons of such ecclesiastical benefices as are annexed to or given for the benefit or better support of the headships of any of the said colleges or houses of learning not being com- puted in the number of advowsons hereby limited. This Act not to VI. Provided always, that nothing in this Act con- land. ° "" tained shall extend or be construed to extend to the disposition, grant, or settlement of any estate real or personal, lying or being within that part of Great Britain called Scotland. 9 GEO. IV. Cap. 86. An Act for remedying a Defect in the Titles of hands vwrchasedfor Charitable Purposes. [25th July, 1828.] Wheeeas by an Act passed in the ninth year of the reign of His late Majesty King George the second, and < Geo. 2, e. 36. intituled " An Act to restrain the Disposition of Lands whereby the same become unalienable," it was amongst other things enacted, that after the twenty-fourth day of June, one thousand seven hundred and thirty-six, no manors, lands, tenements, rents, advowsons, or other here- ditaments, corporeal or incorporeal, whatsoever, should he given, granted, aliened, limited, released, transferred, assigned, or appointed, or anyways conveyed or settled to or upon any person or persons, bodies politic or corpo- rate, or otherwise, for any estate or interest whatsoever, or anyways charged or incumbered by any person or C. 85.] MORTMAIN. 93 persons whatsoever, in trust or for the benefit of any charitable uses whatsoever, unless such gift, conveyance, appointment, or settlement of any such lands, tenements, or hereditaments were made by deed indented, sealed and delivered in the presence of two or more credible wit- nesses, twelve calendar months at the least before the death of such donor or grantor, (including the days of the execution and death,) and were enrolled in His Majesty's High Court of Chancery withia six calendar months next after the execution thereof, and unless the same were made to t&ke effect in possession, for the charitable use intended, immediately from the making thereof, and were without any power of revocation, reser- vation, trust, condition, limitation, clause, or agreement whatsoever, for the benefit of the donor or grantor, or of any person or persons claiming under him ; but it was thereby provided, that nothing thereinbefore mentioned, relating to the sealing and delivery of any deed or deeds twelve calendar months at least before the death of the grantor, should extend or be construed to extend to any purchase of any estate or interest in lands, tenements, or hereditaments, to be made really and bond fide for a full and valuable consideration actually paid at or before the making such conveyance, without fraud or collusion ; and it was thereby enacted, that all gifts, grants, appointments, assurances, transfers, and settlements whatsoever, of any lands, tenements, or other hereditaments, or of any estate or interest therein, or of any charge or incumbrance affect- ing or to affect any lands, tenements, or hereditaments, to or in trust for any charitable uses whatsoever, which should at any time after the said twenty-fourth day of June, one thousand seven hundred and thirty-six, be made in any other manner or form than by the said Act was directed and appointed, should be absolutely and to all intents and purposes null and void : and whereas the said provision contained in the said recited Act, in rela- tion to the purchase of any estate or interest in lands, tenements, or hereditaments, for a full and valuable con- 94 CHAEITABLE TRUSTS. [9 GeO. 4, sideration, was only intended to prevent such purchases from being avoided by reason of the death of the grantor within twelve calendar months after the sealing and de- livery of the deed or deeds relating thereto : and whereas it has notwithstanding been generally apprehended that the said last-mentioned provision was intended wholly to exempt such purchases from the operation of the said Act, and in consequence thereof the formalities by the said Act prescribed, in relation to the conveyance of here- ditaments to charitable uses, have in divers instances been omitted on purchases for a full and valuable con- sideration, and by reason of such omission the title to such hereditaments may be considered defective : and whereas it is expedient that provision should be made for remedying such defect in manner herein-after mentioned : may it therefore please your Majesty that it may be en- acted; and be it 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 pre- Deeds relating sent parliament assembled, and by the authority of the laiids'^for*^^ "^ Same, that where any lands, tenements, or hereditaments, charitable pur- or any estate or interest therein, have or has been purcha- vaiid, although sed for a fuU and valuable consideration, in trust or for the formalities ^^g benefit of any charitable uses whatsoever, and such presonbed by ... the recited Act fuU and valuable consideration has been actually paid for duly per-'^^^" *^^® Same, every deed or other assurance already made for formed. the purpose of conveying or assuring such lands, tene- ments, or hereditaments, estate or interest as aforesaid, in trust or for the benefit of such charitable uses, (if made to take effect in possession, for the charitable use intended, immediately from the making thereof, and without any power of revocation, reservation, trust, con- dition, limitation, clause, or agreement whatsoever, for the benefit of the grantor, or of any person or persons claim- ing under him,) shall be as good and valid, and of the same, effect, both for establishing derivative titles, and in all other respects, as if the several formalities by the said Act prescribed had been duly observed and performed. C. 85.] MORTMAIN. 95 II. Provided always, and be it further enacted, that Act not to ex- nothing in this Act contained shall extend to give effect avotltd by*^ to any deed or other assurance heretofore made, so far as suits at law. the same has been already avoided by suit at law or in equity, or by any other legal or equitable means whatso- ever, or to affect or prejudice any suit at law or in equity actually commenced for avoiding any such deed or other assurance, or for defeating the charitable uses in trust or for the benefit of which such deed or other assurance may have been made. III. Provided also, and be it further enacted, that Not to dispense . . , J. with pi'escribed nothing herein contained shall be construed to dispense formalities. ■with any of the said several formalities prescribed by the said recited Act, in relation to any deed or other assurance which shall be made after the passing of this present Act. 24 VICT. Cap. 9. An Act to amend the Law relating to the Conveyance of Land for Charitable Uses. [17th May, 1861.] Wheeeas by an Act passed in the ninth year of the reign of His late Majesty King George the Second, and intituled " An Act to restrain the Disposition of Lands 9 Geo. 2, u. 36. •whereby the same become inalienable," it was amongst other things enacted, that no lands or other hereditaments should be given, granted, or anyways conveyed, settled, or charged for charitable uses, unless such gift, conveyance, or settlement should be made by deed indented and en- rolled, sealed and delivered in the presence of two or more credible witnesses twelve calendar months at least before the death of such donor or grantor, and should be enrolled in the High Court of Chancery within six ca- lendar months next after the execution thereof, and 96 ' CHARITABLE TRUSTS. ['24 Vict. unless the same should be made to take effect in posses- sion for the charitable use intended immediately from the making thereof, and should be without any power of revo- cation, reservation, trust, condition, limitation, clause, or agreement whatsoever for the benefit of the donor or grantor, or of any person claiming under him : and whereas by another Act passed in the ninth year of the reign of His late Majesty King George the Fourth, and 9 Geo. 4, c. 85. intituled " An Act for remedjnng a Defect in the Titles of Lands purchased for Charitable Purposes," it was en- acted, that where any lands, tenements, or hereditaments had been purchased for a full and valuable consideration for charitable uses, and such consideration had been actually paid, every deed or other assurance then already made for the purpose of conveying or assuring the same should (subject as in the now-reciting Act mentioned) be as good and valid in all respects as if the several formal- ities by the said first-recited Act prescribed had been duly observed and performed : and whereas doubts have been entertained with reference to the- assurance for charitable uses of hereditaments of copyhold or custom- ary tenure ; and whereas it is expedient to make provi- sion for further remedying defects and obviating doubts and difiiculties, and as to enrolment in regard to deeds and assurances of hereditaments conveyed for charitable uses in manner herein-after provided : 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 as- sembled, and by the authority of the same, as follows : No future deed, I. No deed or assurance hereafter to be made for any &a for chari- (.jiaritable uses whatsoever of any hereditaments of any be void by tenure (a) whatsoever, or of any estate or interest therein, beingindented, shall be deemed to be null and void within the meaning of or of specified fj^Q first-recited Act by reason of such deed or assurance stipulations for (a) See 25 Vict. c. 17, sec. 2, p. 101. "■ 9.] MORTMAIN. ■ 97 not being indented, or not purporting to be indented, nor donor's benefit, by reason of such deed or assurance, or any deed form- ?'A*^v 'j"'°Py\ . nolds) for want mg part of the same transaction, containing any grant of deed. or reservation of any peppercorn or other nominal rent, or of any mines or minerals, or easement, or any covenants or provisions as to the erection, repair, position, or de- scription of buildings, the formation or repair of streets or roads, drainage or nuisances, or any covenants or provisions of the like nature for the use and enjoyment as well of the hereditaments comprised in such deed or assurance as of any oth^r adjacent or neighbouring here- ditaments, or any right of entry on nonpayment of any such rent, or on breach of any such covenant or provi- sion, or any stipulations of the like nature for the benefit of the donor or grantor, or of any person or persons claiming under him, nor (in the case of any such assur- ance of hereditaments of copyhold or customary tenure, or of any estate or interest therein,) by reason of the same not being made by deed, nor in the case of such assurances made bond fide on a sale for a full and valu- able consideration, by reason of such consideration con- sisting wholly or partly of a rent, rentcharge, or other annual payment reserved or made payable to the vendor or to any other person with or without a right of re-entry for nonpayment thereof: provided always, that in all re- servations authorized by this Act the donor, grantor, or vendor shall reserve the same benefits for his representa- tives as for himself. II. In all cases where the charitable uses of any deed Where ebari- or assurance hereafter to be made for conveyance of any any fuTure"^ hereditaments for any charitable uses shall be declared deed, &c. is Q6cliiir6cl bv by any separate or other deed or instrument, it shall not any sepaiate or be necessary, for the purposes of the first recited Act or ot'ifij'™lent •I 'r ■' to a considei a- or other annual payment reserved or made payable to the tion in money vendor or grantor, or to any other person, shall for the ^°thin^tlfe*' purposes of the statute'passed in the ninth year of the statute 9 Geo. reign of His late Majesty King George the Second, ' chapter thirty-six, be as valid and have the same force and effect as if such consideration had been a sum of money actually paid at or before the making of such conveyance without fraud or collusion. 29 & 30 VICT. Cap. 57. An Act to make further Provision for the Enrolment of certain Deeds, Assurances, and other Instruments re- lating to Charitable Trusts. [SOth filly, 1866.] Wheheas an Act was passed in the ninth year of the reign of His late Majesty King George the Second, chapter thirty-six, intituled " An Act to restrain the 9 Geo. 2, o. 36. Disposition of Lands whereby the same become inalien- able : " And whereas by a second Act passed in the twenty-fourth year of the reign of Her present Majesty, chapter nine, certain deeds, assurances, and instruments theretofore made were, notwithstanding the first-mentioned Act, made valid where the same, or any separate deed or instrument declaring the charitable uses thereof, had been or should be within the time therein mentioned enrolled in Her Majesty's High Court of Chancery ; and by two subsequent Acts respectively passed in the 108 CHARITABLE TEDSTS. [29 & 30 Vict. twenty-fifth year of Her present Majesty, chapter seven- teen, and the twenty-seventh year of Her present Majesty, chapter thirteen, the second-mentioned Act was explained and amended, and the time for making enrol- ments thereunder was extended, and has since expired; and it is expedient that further provision should he made with respect to certain deeds, assurances, and instru- ments now rendered void for want of compliance with the provisions of the first-mentioned Act : 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 ; — Any trnstee, I. Any trustee, governor, director, or manager of any charity^may charity, or any other person entitled to act in the apply to Court management of or otherwise interested in any charitable of Chancery , , , . -, ■ ■, for order au- trust, may, by summons m a summary way, and without thorizing en- service thereof upon any person, apply to the Court of rolmentofany ^ . deed, &c. Chancery for an order authorizing the enrolment in the court of any deed, assurance, or other instrument whereby any hereditaments of any tenure or any estate or interest therein have or has been or shall be given, granted, or in any way conveyed, settled, or charged for charitable uses, or of any other deed, assurance, or instrument relative to or connected with any charitable trust, and which deed, assurance, or instrument ought to have been enrolled, but has not been enrolled within the time by law limited for that purpose, or (where such deed, assurance, or instrument has been lost or destroyed by time or accident, and the trusts thereof sufficiently appear by some subsequent deed appointing new trustees, or otherwise reciting the trusts created by the original deed, assurance, or instrument) for an order authorizing the enrolment of such subsequent deed. If court satis- II. If the court shall be satisfied by affidavit or other- C- 57.] MORTMAIN. 109 •wise that the deed, assurance, or other instrument fied that deed, conveying or charging the hereditaments, estate, or^^^^^^^ interest for charitable uses was made really and bond fide ftill and vaiu- for full and valuable consideration, actually paid at or tion, court may before the making or perfecting thereof, or reserved by ™**^^ '"^^^^ . "^ •' authorizing way 01 rentcharge or other annual payment, or partly enrolment, paid at or before the making or perfecting of such deed, assurance, or other instrument, and partly reserved as aforesaid, without fraud or coUusion, and that at the time of the application to the court possession or enjoyment is held under such deed,' assurance, or other instrument, and that the omission to enrol the same in proper time has arisen from mere ignorance or inadvertence, or from the destruction thereof by time or accident, it shall be lawful for the court to make an order authorizing the enrolment in the court of the deed, assurance, or instru- ment to which the application relates, or of a such subsequent deed, as the case may be, and the same shall thereupon be enrolled accordingly at any time within six calendar months from the date of the order, and no acknowledgment shall be necessary prior to enrolment. III. Every enrolment made pursuant to an order of Force and the court under this Act shall, notwithstanding anything ^^^ &J*b*° in the first-mentioned Act contained, have the same force enrolment. and effect which by the second-mentioned Act, as ex- plained and amended by the two subsequent Acts before mentioned, is given to the enrolment of a deed, assur- ance, or other instrument, or of a subsequent deed, by the three last-mentioned Acts respectively authorized to be enrolled, and duly enrolled according to the provi- sions thereof and within the time thereby respectively limited. IV. Provided always, that nothing herein contained Proviso con- shall affect or apply to any deed, instrument, or assur- ^o.^as^^whSh ance as to which at the time of any such application to at time of , _, ,. ^, .... J- application to the Court of Chancery any action, suit, or proceeding court any 110 action, &o. shall be pending. CHARITABLE TRUSTS. [25 & 36 Vict. C. 89. shall be pending for setting aside the same or for asserting any right founded on the invalidity thereof, or any decree or judgment shall have been then already obtained founded on such invalidity. Short title. 25 & 26 VICT. Cap. 89. An Act for the Incorporation, Regulation, and Winding- up of Trading Companies and other Associations. [7th August, 1862.] I. This Act may be cited for all purposes as " The Companies Act, 1862." Mode of form- ing company. Part I. VI. Any seven or more persons associated for any lawful purpose may, by subscribing their names to a memorandum of association, and otherwise complying with the requisitions of this Act in respect of registra- tion, form an incorporated company with or without limited liability. Prohibition XXI. No company formed for the purpose of pro- companief '*^ moting art, science, religion, charity, or any other like holding land, object, not involving the acquisition of gain by the company or by the individual members thereof, shall, without the sanction of the Board of Trade, hold more than two acres of land ; but the Board of Trade may, by licence tinder the hand of one of their principal secretaries or assistant secretaries, empower any such company to hold lands in such quantity and subject to such conditions as they think fit. LAND TAX. Ill LAND TAX.— TABLE OF ACTS (a). 1797. 38 Geo. IIL c. 5, grants a laud tax for the service of the year 1798. 1798. 38 Geo. IIL c. 60, Sect. 1 makes land tax perpetual, subject to re- demption and purchase. Sect. 40 authorises investment in the purchase of land tax, of trust monies directed to be laid out in the funds, or in the purchase of land. 1798. 39 Geo. III. c. 6, extends time limited for redemption of land tax. Sect. 31 authorizes application of charitable trust property in redeeming land tax on lands settled to charitable uses, and the charge of the lands with an annuity equal to the income of the property applied. 1799. 39 Geo. III. c. 21, amends the two last preceding Acts. 1802. 42 Geo. III. c. 116, repeals certain provisions of the preceding Acts, and creates other powers. Sects. 9 and 10 empowers feoffees or trustees for charitable purposes, or trustees of property given for benefit of poor clergy, to contract for re- demption of land tax. Sects. 18, 19, 20, and 21 give preference in con- tracting to feoffees and trustees for charitable purposes. Sects. 151, 152, and 153 authorize Land Tax Com- missioners to contract with other persons where persons having preferential right fail to avail themselves of it. Sects. 22, 23, 24, 25, 27, 28, 29, 37, and 38 regulate consideration to be paid for the redemp- tion and purchase. 1803. 43 Geo. III. c. 61, , -r.^,- ,^ ^ XTT trt, \ amend Act of 42 Geo. III. 1805. 45 Geo. IIL c. 77, ' (a) The great length of these Acts precludes their insertion in the present publication, and it has been considered sufficient to point out their material provisions as above, and to direct attention to two works on the subject— namely, "Miller's (S.) Laws relating to the Land Tax, 1849," and "Davies' Handy-Book of the Land Assessed and Income Tax Laws, 1864. 113 CHARITABLE TRUSTS. LAND TAX.— TABLE OF ACTS (eontirmed)— 1806. 46 Geo. III. c. 133, 1809. 49 Geo. III. o. 67, 1810. 50 Geo. III. o. 58, 1813. 53 Geo. III. o. 123, 1813. 53 Geo. III. c. 142, further amends Land Ta:^ Acta 1814. 54 Geo. III. c. 173, 1817. 57 Geo. III. 0. 100, 1822. 3 Geo. IV. c. 88, amend Land Tax Act8, and make provisions for ex- ) oneratiug small livings and chari- table institutions from land tax. 1831. 1 ^* ^^^^ and may be lawful for any two persons or ceilor, &o. more, interested in such charity or charitable donation, to thereof. present a petition to the Lord Chancellor, Lord Keeper, or Lords Commissioners for the custody of the Great C. 102.J EEGISTEEING, ETC., CHAEITABLE DONATIONS. 197 Seal, or Master of the Eolls for the time being, or the Court of Exchequer, complaining thereof; and they are hereby required to hear such petition in a summary way, and upon affidavits, or such other evidence as shall be produced upon such hearing, to determine the same, and to make such order therein, and with respect to the costs of such application and proceedings, as to him or them shall seem fit, and which order shall be final and con- clusive. VI. Provided always, "and be it further enacted, that no No proceedings proceedings imder the provisions herein-before mentioned, righror^tHle. shall extend or be construed to extend to decide any right or title as to the property that shall be so registered, or as to the persons who shall be entitled, or claim to be entitled, to the benefit thereof, or any interest therein. "VTI. And be it further enacted, that all and every Clerk of the clerk of the peace of the several counties and ridings in searches ™n/ England and Wales, shall, as often as required, make gi™ copies of searches concerning all memorials and statements di- rected by this Act to be entered in his or their office as aforesaid, and shall also give copies of the same under his hand, if required by any person whatsoever, who shall tender or be wUling to pay him the sum or sums herein- after directed to be allowed to him for such copies of such memorials or statements as aforesaid. VIII And be it further enacted, that every such clerk Allowance to of the peace shall be allowed for the registering every "^^[^33? such memorial or statement as is by this Act directed, the sum of four shillings, and no more, in case the same do not exceed four hundred words, but if such memorial or statement shall exceed four hundred words, then after the rate and proportion of one shilhng an hundred for aU the words contained in such entry, and the like fees for the like number of words contained in every copy of any entry given out of the said register, and no more ; and for and to the per- 128 CHARITABLE TRUSTS. [53 Geo. .3, son inserting notification in the Gazette. every notification in the London Gazette, the costs of such notification, and the further sum of ten shillings for drawing and inserting the same, and transmitting the duplicate or copy herein-before mentioned unto the enrol- ment office of the High Court of Chancery, and no more. Furtlier time to be allowed to register memorial where difficul- ties occur in preparing the same. IX. And be it further enacted, that where any diffi- culty shall occur in making and preparing such memorial or statement as aforesaid, so as to render it necessary to employ any longer time than is allowed by the provisions of this Act for registering such memorial or statement as herein-before is mentioned, it shall and may be lawful for the Court of Quarter Sessions for the county, or city or town being a county of itself, wherein such memorial or statement is intended to be registered, to allow, on appli- cation made to them, and on examination of the circum- stances, such further time, not exceeding six calendar months, as to such court shall seem necessary to be given for the purpose of duly registering such memorial or statement as herein-before is mentioned. Costs attending the preparing memorials to be allowed. X. And be it further enacted, that it shall and may be lawful for the Court of Quarter Sessions of the county, or city or town being a county of itself, wherein such statement or memorial shall have been registered, to allow such reasonable costs and charges attending the preparing and registering, notifying and transmitting such memorial or statement, with reference to the income of the charity or charitable donation, to such person or persons causing the same to be registered, as such court shall think fit ; and it shall and may be lawful for such person or persons who shall have caused such memorial or statement to be registered, to deduct out of the income, funds, rents and profits, in his or their hands, of such charity or chari- table donation so by him or them memorialized and stated and registered, the sum and sums so allowed, and no more : provided always, that the said Court of Quarter C. 102.] EEGISTEEING, ETC., CHARITABLE DONATIONS. 129 Sessions shall not allow any sum whatever for and in respect of such costs and charges, unless it shall he stated to them, upon the declaration in -writing of the person or persons applying for such allowance, and signed hy him or them, that such memorial or statement is to the best of his, her, or their knowledge and belief, true in every respect, and that it doth contain to the best of his, her, or their knowledge and belief, a true and full account of the real and personal estate, annual gross income, in- vestment, and the particular or general objects of the charity or charitable donation of which such memorial or statement shall have been registered, together with the names of the respective donors or benefactors thereto, where known, and also of the person or persons in whose custody, possession, or control, the deeds, wills, and other instruments herein-before mentioned, shall at such tihie be, and also the names of the trustee or trustees, feoifee or feoffees, possessor or possessors of such real and personal estate : provided always, that none of the Not to extend provisions herein-before contained shall be construed to ^"j*"^^^""^ "^ extend to any charity or charitable donation not issuing upon lands ; out of or secured upon any lands, tenements or heredita- tabie*institu- ments, or directed by the founder or donor thereof to be *''"'^- secured thereon, or to be permanently invested in govern- ment or any public stocks or funds ; nor to any charitable donation whatsoever, which by the direction of the donor thereof, or by the lawful rules of any charitable insti- tution whatsoever, may be wholly or in part expended in and about the charitable purposes for which the same may have been given, at the discretion of the governors, directors, managers, or the trustee or trustees of such charitable institution at any time whatsoever. XI. And be it further enacted, that nothing in this Act Act not to Ix- shall be construed to extend to any hospital, school, or ^oyal foSa- other charitable institution whatsoever, which shall have *i<"^^.i °<"^ *" 1 J 1 11 certain institu- been founded, improved, or regulated by or under the tions. authority of the King's most excellent Majesty, or any of 130 CHABITABLE TEUSTS. [52 Geo. 3, Nor to chari- table institu- tions of Quakers, his royal predecessors, or of any special Act of parlia- ' ment thereunto particularly relating; nor to any chari- table donation under the superintendence of any such hospital, school, or institution, nor to the governors of the corporation of the charity for the relief of poor ■^idows and children of clergymen, nor to any friendly spciety, the rules whereof shall have been confirmed according to the provisions of the Act or Acts for the encouragement and relief of friendly societies; nor to either of the Universities of Oxford or Cambridge, nor to any college or hall thereto belonging, or to any charitable bequest, devise, gift, or foundation whatsoever belonging thereto, or under the control, direction, superintendence, or management of the said universities, or either of them, or any college or hall therein respectively; nor to the Eadcliffe Infirmary within the University of Oxford ; nor to the colleges of Westminster, Eton, or Winchester, or any of them; nor to any cathedral or collegiate church within England and Wales ; nor to the Charter House ; nor to the Corporation of the Trinity House of Deptford Strond; nor to any funds applicable to chari- table purposes for the benefit of any persons of the Jewish na,tion. XII. Provided always, that nothing in this Act con- tained shall extend to any charitable foundation or dona- tion which shall have been or shall be given to and for the benefit of any person or persons of the society of people called Quakers, and which shall be under the superintendence and control of persons of that persua- sion. Nor to ehari- XIII. Provided always, and be it further enacted, that tions, thrae- nothing in this Act contained shall extend to any charity counts of which or charitable donation or foundation, the accounts of the are dn-eeted to . , , . be passed in mcome and expenditure whereof shall have been directed cw"ry, &o. *° ^^ annually passed in the High Court of Chancery, nor to any charity or charitable donation or foundation. C. 103.] REGISTEEING, ETC., CHARITABLE DONATIONS. 131 the annual gross income whereof shall not exceed forty shillings, and of which the trustee or trustees, feoffee or feoffees, possessor or possessors, some or one of them, shall within six months after the passing of this Act de- posit in the hands of the minister of the parish wherein any of the objects of such charity, charitable donation, or foundation shall be, a written memorial or statement in like form as in the schedule hereunto annexed is con- tained, and which by such minister shall be forthwith deposited in the parish chest. XIV. And be it further enacted, that where any body Divers ohari- corporate, guild, or fraternity, shall be entrusted with the grated in the possession or distribution of divers charities or charitable memorial. donations or foundations, or of the rents and profits thereof, that in such cases all such charities, charitable donations, and foundations may be registered and stated in one and the same memorial. XV. Saving always to the King's most excellent Ma- Saving clause. jesty, and to aU other persons, such power of superin- tending and regulating charities and charitable estab- lishments, and the property and funds thereof, as they respectively had before the making of this Act. SCHEDtJLE TO WHICH THIS ACT REFERS. A MEMOEiAi or statement in pursuance of an Act for the registering and securing of charitable donations ; whereby it is declared by the undersigned [state the name or names of the persons who sign the memorial or state- ment] that the real or personal estate [state this as the case may be] of the [state the title or appellation of the charity or charitable donation] consists of [state this as the case may be ; and, if real estate, whether it be in lands, tenements, or hereditaments, and of what tenwre, and where the same are situate, or whether of any charge or incumbrance on any lands, tenements, or hereditaments, k;2 132 CHARITABLE TRUSTS. [52 Geo. 3, c 102. and where situate; and if personal estate, describe the nature of it, and how secured] and the gross annual income arising therefrom amounts to [state the sum] and the objects of which charity or charitable foundation are [state the general or particular objects of the charity] and which charity or charitable foundation was, according to the best of my [or, our, as the case may be] knowledge and belief, founded by [state by whom ; and if benefited, increased, or secured by any other person, state the same and by whom] and the deeds, wills, and other instruments [state this as the case may be ; and if no deeds, wills, or other instruments exist, state the same] are, to the best of my [or, our, as the case may be] knowledge and belief, in the custody, possession, or control [state this as the case may be] of [state the name of the body corporate or na- tural person] and the trustees, feoffees, or possessors [state this as the case may be] of the said real and per- sonal estate [state this as the case may be] are, to the best of my [or, our, as the case may be] knowledge and belief [state the name of the body corporate or natural person, as the case may be]. (Signed) A. B. CD. E. F. Trustee or trustees, feoffees, possessor or pos- sessors of the real or personal estate [as the case may be] of the charity or charitable dona- tion hereby memorialized and registered. CHUECH BUILDING. 1803. 133 43 GEO. III. Cap. 108. An Act to promote the Building, Repairing, or othenvise providing of Churches and Chapels, and of Houses for the Residence of Ministers, and the providing of Church Yards and Glebes. I21tk July, 1803.] « Whereas a sufficient number of churches and chapels for the celebration of divine service, according to the rites and ceremonies of the United Church of England and Ireland, and of mansion houses with competent glebes for the residence of ministers officiating in such churches and chapels, is necessary towards the promotion of religion and morality : and whereas the same are either wholly wanting or materially deficient in many parts of England and Ireland : and whereas many well-disposed persons would be desirous of contributing towards the supply of such defects, if they were enabled so to do in the manner herein-after directed : may it therefore please your majesty that it may be enacted ; and be it 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 all and every person Persons by and persons having in his or their own right any estate or ^^^ "v^iands interest in possesion, reversion, or contingency, of or in not exceeding any lands or tenements, or of any property of or in any gJods'and ""^ goods or chattels, shall have full power, licence, and chattels not authority, at his and their will and pleasure, by deed £600, for tbe inrolled in such manner, and within such time, as is di- E".''Pf ? °^ tni9 Act. rected in England by the statute made in the twenty- seventh year of the reign of king Henry the Eighth, and in Ireland by the statute made in the tenth year of the reign of king Charles the First, for inrolment of bargains and sales, or by his, her, or their last will or testament 134 CHARITABLE TRUSTS. [43 GeO. 3, in writing dulj' executed according to law, such deed, or such will or testament, being duly executed three ca- lendar months at least before the death of such grantor or testator, including the days of the execution and death, to give and grant to and vest in any person or persons, or body politic or corporate, and their heirs and successors respectively, all such his, her, or their estate, interest, or property in such lands or tenements, not exceeding five acres, or goods and chattels, or any part or parts thereof, not exceeding in value five hundred pounds, for or towards the erecting, rebuilding, repairing, purchasing, or provi- ding any church or chapel where the liturgy and rites of the said United Church are or shall be used or observed, or any mansion house for the residence of any minister of the said United Church officiating, or to officiate in any such church or chapel, or of any out-buildings, offices, churchyard, or glebe, for the same respectively, and to be for those purposes applied, according to the will of the said benefactor in and by such deed inrolled, or by such will or testament executed as aforesaid expressed, the consent and approbation of the ordinary being first ob- tained, and in default of such direction, limitation', or ap- pointment, in such manner as shall be directed and appointed by the patron and ordinary, with the consent and approbation of the parson, vicar, or other incumbent ; and such person and persons, bodies politic and corpo- rate, and their heirs and successors respectively, shall have full capacity and ability to purchase, receive, take, hold, and enjoy, for the purposes aforesaid, as well from such persons as shall be so charitably disposed to give the same, as from all other persons as shall be willing to sell or alien to such person or persons, bodies politic or corporate, any lands or tenements, goods, or chattels, without any licence or writ of Ad quod damnum, the statute of mortmain, or any other statute or law to the But such contrary notwithstanding : provided always, that this Act extend to *per- or anything therein contained, shall not extend to enable sons within any person or persons being within age, or of non-sane C. 108.] (3HURCH BUILDING. 1803. 185- memory, nor women covert without their husbands, to age, insane, or make any such gift, grant, or alienation ; anything in *^™®^ ''°■'^'''• this Act contained to the contrary in anywise notwith- standing. II. Provided also, and it is hereby further enacted, "^."V ™« ^^"'^ that no more than one such gift or devise shall be made made by one by any one person, and that if any such gift or devise as Person, and aforesaid shall happen to exceed five acres in lands or ceeds five acres tenements, or the value of five hundred pounds in goods Sianoeiior may and chattels, every such gift or devise shall be good and reduce it. valid to the extent aforesaid ; and it shall be lawful for the Lord Chancellor for the time being, on petition, to make order for reducing every such gift or devise to and within the said limits, and for allottiag such specific five acres, and if occasion should require, such specific goods and chattels as in his judgment shall be most conveni- ent, and to make such further order touching the premises as to him shall appear just and reasonable. III. Provided also, that no glebe containing upwards No glebe up- of fifty acres, shall be augmented with more than one ^oreg^shali be acre under or by virtue of this Act, but that the excess, augmented 1 • 1 J. . 1 J? 1 ''it'' ""ore than if any given or devised lor the purpose oi such augmen- one acre, tation, shall be reduced in manner aforesaid, by the said Lord Chancellor, and such order thereupon shall be by him made as herein-before is directed in the case of an excess beyond five acres. IV. And whereas it often happens that small plots of Plots of land land held in mortmain lie convenient to be annexed to °°g®^^°f^^°| some such church or chapel, or house of residence, as in mortmain, aforesaid, or to some church yard, or curtilage thereto be- S IThtm- lonaina, or convenient to be employed as the site of some nexed to some ° ohuroh, &c., such church or chapel, or house to be hereafter erected, maybe granted, and for the necessary and commodious use and enjoy- ohange''o^.bene- ment thereof, and that they might be so employed to the faction, for advantage of the public, and without detriment to the * Purpose. 136 CHARITABLE TRUSTS. [43 Geo. 3, c. 108. proprietors thereof, if they were enabled to give and grant the same for the purposes aforesaid ; be it there- fore further enacted, that it shall be lawful for every body politic or corporate, sole or aggregate, by deed inrolled as aforesaid, with or without confirmation, as the law may require, to give and grant either by way of exchange or benefaction, any such small plot of land not exceeding one acre, to any person or persons, body politic or corpo- rate, his and their heirs and successors respectively, to be held, used, and applied for the purposes aforesaid ; and such last-mentioned person and persons, bodies politic and corporate, and their heirs and successors respectively, shall have full capacity and ability, with consent of the incumbent, patron, and ordinary, to take, hold, and enjoy such small plot of land for the purposes aforesaid, without any licence or writ of Ad quod damnum, the statute of niortmain, or any other Act or law to the contrary notwithstanding. Accommoda- V. Provided also, and it is hereby further enacted and *'S'd°fOT ^r"- declared, that in every parochial church or chapel here- aons resorting after to be erected ample provision shall be made for the ^ ' "' decent and suitable accommodation of all persons, of what rank or degree soever, who may be entitled to resort to the same, and whose circumstances may render them unable to pay for such accommodations. Eights of giv- VI. Provided also, that nothing in this Act contained not affMted™^ ^^^^ ^® construed to take away or abridge any right of giving or devising which already exists in any person whatsoever. CHUECH BUILDING. 1818. 137 58 GEO. III. Cap. 45. An Act for Building and promoting the Building of addi- tional Churches in Populous Parishes. [SOth May, 1818.] XXXIII. And be it further enacted, that it shall be Commisaioners lawful for the said commissioners to accept and take any ™^g f°°^^ building or buildings fil to be used for or to be con- oliarohes to be verted into such additional churches or chapels, and ecclesiastical also any lands, tenements, and hereditaments proper for pi'rposes. sites of additional churches or chapels, not exceeding in quantity in any one place what may be sufficient for building of a church or chapel, providing a churchyard, and making a proper and sufficient access or approach thereto, from any persons willing to give the same ; and every such site, when conveyed to the said commissioners, and the church erected thereupon, and notice thereof given to the Bishop of the diocese, shall become for ever thereafter devoted to ecclesiastical purposes only, in order that the same may be consecrated by the Bishop to public worship according to the rites of the United Church of England and Ireland as by law established ; and it shall also be lawful for the said commissioners to accept and take from any person willing to give the same, any house, garden, and appurtenances, not exceeding ten acres in the whole, for the residence of the spiritual person serving such church or chapel, or any land not exceeding the said ten acres in quantity, for erecting such house and appurtenances and making such garden, and the same shall (immediately upon or after the consecration of such church or chapel) become and be the house and glebe belonging to such church or chapel, and vest in the incumbent for the time being as such. XXXVI. And be it further enacted, that it shall be Bodies politic 138 CHAEITABLE TEUSTS. [58 GeO. 3, empowered to lawful for all bodies politic, corporate, or collegiate, cor- Bites!" '""'^®' porations aggregate or sole, tenants for lifo or in tail, husbands, guardians, trustees, and fooffees in trust, com- mittees, executors and administrators, and all other per- sons and trustees whomsoever, not only for or on behalf of themselves, their heirs and successors, but also for and on behalf of cestui que trusts, whether infants, issue unborn, lunatics, idiots, femes covert, or other person or persons, and to and for all femes covert, who are or shall be seised, possessed of, or interested in their own right, and for every other person or persons whomsoever who shall be seised, possessed of, or interested in any lands, grounds, and hereditaments which shall be set out and ascertained for any such site, to contract for, sell, and convey, or, if copyhold, to enfranchise, the same and every part thereof, unto the said commissioners, under the provisions of this Act ; and all such contracts, agreements, sales, conveyances, and assurances shall be valid and effectual in the law to all intents and purposes whatsoever; any law, statute, usage, or custom to the contrary thereof in anywise notwithstanding; and all bodies politic, corporate, or collegiate, and all persons whomsoever, so conveying as aforesaid, are hereby in- demnified for or in respect of any such sale which he, she, or they, or any of them, shall respectively make by virtue or in pursuance of this Act XLIV (a). When less than XLV. Provided always, and be it further enacted, that 2001., and ex- •' ' ceeding 201. « any money so agreed or awarded to be paid for any lands, tenements, or hereditaments purchased, taken, or used for the purposes aforesaid, and belonging to any (a) Sect. 39 of this Act provides for satisfaction being made, and for the settlement of the price by a jury in case of dispute, as directed by sect. 40 ; but these sections are not material to the present publication. Sect. 44 provides for the investment of any compensation amounting to or exceeding £200, in the name oi the Acoountant-General of the Court of Chancery. Bat see 8 & 9 Vict. o. 70, o. 19, post, p. 146, C. 45.] CUUECH BUILDING. — 1818. 139 corporation, or to any person or persons under disability or incapacity as aforesaid, shall be less than the sum of two hundred pounds, and shall exceed the sum of twenty pounds, then and in all such cases the same shall, at the option of the person or persons for the time being en- titled to the rents and profits of the lands, tenements, or hereditaments so purchased, taken, or used, or of his, her, or their guardian or guardians, committee or com- mittees, in case of infancy or lunacy, to be signified in ■writing under their resgective hands, be paid into the Bank of England in the name and with the privity of the said Accountant-General of the Court of Chancery, and be placed to his account as aforesaid, in order to be applied in manner herein-before directed; or otherwise the same shall be paid, at the like option, to three trustees, to be nominated by the person or persons making such option, and approved of by three or more of the said commissioners, such nomination and approbation to be signified in writing under the hands of the nomi- nating and approving parties, in order that such principal money, and the dividends arising thereon, may be applied in manner herein-before directed, so far as the case be applicable, without obtaining or being required to obtain the direction or approbation of the Court of Chancery. XLVI. Provided always, and be it further enacted, that When less than where such money so agreed or awarded to be paid as next before mentioned shall be less than twenty pounds, then and in all such cases the same shall be applied to the use of the person or persons who would for the time being have been entitled to the rents and profits of the lands, tenements, or hereditaments so purchased,, taken, or used for the purposes of this Act, as the said commis- sioners, or any three or more of them, shall think fit, or in case of infancy or lunacy, then to his, her, or their guardian or guardians, committee or committees, and to and for the use and benefit of such person or persons so entitled respectively. 140 CHARITABLE TRUSTS. [59 Geo. 3, c. 134. 59 GEO. III. Cap. 134. An Act to amend and render more effectual an Act passed in the last Session of Parliament, for Building and promoting the Building of additional Churches in Populous Parishes. r [izth July, 1819.] XV {a). Pow-ersofie- XXXVII. And be it further enacted, that all the purchasing^ " powers and provisions of the said recited Act or of this lands for build- Act, which authorize or relate to the grant, sale, con- extended to ' veyance, purcha.se, and re-sale of any lands, tenements, lands for addi- ^j, hereditaments, from or in the name of or on behalf of tional church- yards. His Majesty, or from any bodies politic, corporate, or collegiate, corporations aggregate or sole, tenants for life or in tail, husbands, guardians, trustees, and feoffees in trust, committees, executors, and administrators, cestui que trusts, infants, lunatics, idiots, femes covert, or any other person or persons whomsoever, to or by the said commis- sioners, for the purpose of building any additional churches or chapels, or the issuing, advancing, levying, or raising, or borrowing or taldng up at interest, of any money for any such purpose, shall be and are hereby declared to be extended to and be applicable in all respects, mutatis mutandis, for the grant, sale, conveyance, purchase, or re-sale of any lands, tenements, or hereditaments which may be necessary for enlarging any churchyard or burial ground, or for making any new burial ground and ap- proaches -thereto, under the provisions of this Act, and for the issuing, advancing, levying, and raising, or bor- rowing and taking up at interest of any money which may be required for any of those purposes, and for repaying the same by instalments or otherwise, in like manner as («)■ Sect. 15 of this Act, being similar to sect. 15 of 3 Geo. 4, c. 72, is not printed here ; but see p. 144. ' " CHURCH BUILDING. 1822. 14l if all such powers and provisions had been fully repeated and re-enacted in this Act. 3 GEO. IV. Cap. 72. An Act to amend and render more effectual Two Acts passed in the Fifty-eighth and Fifty-ninth Years of His late Majesty, for Building and promoting the Building of additional Churches in Populous Parishes. [22nd July, 1822.] Wheeeas an Act passed in the fifty-eighth year of the reign of His late Majesty, intituled " An Act for Building 58 (jeo. 3, u. and promoting the Building of additional Churches in *°- Populous Parishes : " and whereas another Act passed in the fifty-ninth year of the reign of His late Majesty, in- tituled " An Act to amend and render more efi'ectual an en r. o oy (jeo. o, c. Act passed in the last session of parliament, for Building 134. and promoting the Building of additional Churches in Populous Parishes : " and whereas it is expedient and necessary that some of the provisions of the said recited Acts should be amended, and other provisions thereof explained and enlarged, and that further and additional provisions should be made for rendering the said two recited Acts more effectual; 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 it shall be lawful for ordnance and the master-general and principal officers of His Majesty's other putlio ordnance, and also for the comptroller of the barrack and*all™corpo- department, and also for the principal officers of any rations, may other public department, having or holding any messuages snages, lands, or buildings, or any lands, grounds, tenements, or here- &?' etnreher ditaments, for and on behalf of His Majesty, for the &o. public use of any such department, by any grant or con- veyance, signed by the master-general or any two of the 1^2 CHAEITABLE TRUSTS. [3 GeO. 4, principal officers of the ordnance department ; or by any grant or conveyance, signed by the comptroller of the barrack department; or by any grant or conveyance, signed by any one or more of the principal officers of any such other public department as aforesaid, and counter- signed, as to all such last-mentioned grants or convey- ances, by any three or more of the commissioners of His Majesty's treasury of the United Kingdom of Great Britain and Ireland ; and it shall also be lawful for any and every body politic, corporate, and collegiate, and corporation aggregate or sole, or for any trustees, guardians, commissioners, or other persons having the control, care, or management of any hospital, schools, charitable foundations, or other public institutions, by any grant or conveyance signed by or under the seal of such body or corporation respectively, to give, grant, and convey any messuages, buildings, lands, grounds, tene- ments, or hereditaments respectively; and if any such messuages, buildings, lands, grounds, tenements, or here* ditaments respectively shall be copyhold at the time of any such gift, grant, or conveyance, in any case in which the lord is wUling to enfranchise the same ; to be used as sites for churches or chapels, or for enlarging sites of churches or chapels ; or for church or chapel yards or cemeteries, or for enlarging sites for church or chapel yards or cemeteries; or for parsonages or residences for ecclesiastical persons ; and all such gifts, grants and conveyances shall be made to the commissioners, or such other person or persons as shall be specified by the said commissioners, under the said recited Acts and this Act, to be used for the purposes thereof; and all such gifts and grants may be made and given without any valuable consideration whatever; and all conveyances and assur- ances made for carrying any such gifts or grants into effect shall be valid and effectual in the law to all intents and purposes whatsoever, any law, statute, usage, or custom to the contrary thereof in anywise notwithstanding; and all bodies politic, corporate, or collegiate, and all C. 72.] CHUKCH BUILDING. 1822. APPORTIONMENT. 143 persons whosoever, so giving, granting, and conveying as aforesaid, are hereby indemnified for or in respect of any such gift, grant, conveyance, or enfranchisement which he, she, or they, or any of them, shall respectively make or convey by virtue of or in pursuance and for the pur- poses of the said recited Acts and this Act. XI. And he it further enacted, that it shall he lawful for Commissioners the said commissioners, in every case in which they shall ^*[gjo° °f^^ °^ he of opinion that it will he expedient to divide, or in parishes, ap- which the said commissioners shall have divided, any tabie°g'ifts'and parish or place into two or more distinct and separate debts (a). parishes, district parishes or chapelries, for ecclesiastical purposes, under the provisions of the said recited acts, to apportion, if the commissioners shall in their discretion think it expedient, among such separate divisions of any such parish or place so made separate or district parishes or chapelries for ecclesiastical purposes, any charitable bequests or gifts which shall have been made or given to any such parish or place or the produce thereof; and in any such case to direct that the distribution of the propor- tions of such bequests or gifts, or the produce thereof, as shall be so apportioned to any such separate divisions of any such parish, shall he made and distributed by the spiritual person serving the church or chapel of any such separate divisions, or the church or chapel wardens or select vestry of any such separate divisions, either jointly or severally, as the commissioners may in their discretion {rega/rd being had to the nature of the bequest or gift and the application thereof) think expedient; and also to ap- portion among such separate divisions any debts which may have been before the period, of such apportionment contracted or charged upon the credit of any church rates in such parish or place, regard being had in all such appor- tionments to the circumstances of such parish or place, and of the respective divisions thereof so made separate and. distinct for ecclesiastical purposes as aforesaid ; and all (a) Repealed, 8 & 9 Viot. e. 70, sect. 22, post, p. 147. 144 CHAEITABLE TRUSTS. [3 GeO. 4, C. 72. such apportionments shall be registered in the registry of the diocese in which the parish or place shall be locally situate, and duplicates thereof shall be deposited with the churchwardens of each such separate districts as aforesaid, in respect of, or in relation to which any such apportion- ments as aforesaid shall have been made. Bodies politic, XV (&). And be it further enacted, that it shall be lawful nprighteor^ for all bodies politic, corporate, or collegiate, corporations patronage and aggregate or sole, tenants for life or in tail, husbands, and emola- guardians, trustees, and feoffees in tinist, committees, mentsheldby executors, and administrators, and all other persons and tnem m trust, '^ to enable the trustees whomsoever, not only for or on behalf of them- to'establiX™ sslves, their heirs and successors, but also for and on district behalf of cestui que trusts, whether infants, issue unborn, lunatics, idiots, femes covert, or other person or persons, and to and for all femes covert who are or shall be pos- sessed of or entitled to or interested in their own right, and for every other person whomsoever who shall be pos- sessed of or entitled to or interested in any right of patronage or of presentation or appointment to any benefice, donative, perpetual curacy, or of any spiritual person to any church or chapel, or the performance of any ecclesiastical duties in any church or chapel, or for the trustees of any endowments or emoluments for the use of any church or chapel, or the incumbent thereof, or spiritual person serving the same, to surrender any such right of patronage, presentation, or appointment, endow- ments or emoluments, or to enter into or make any agreement relating thereto with the said commissioners and the bishop of the diocese, and to attach any con- tiguous division of any parish or place, with consent of the patron and incumbent of the parish or place, to any such chapel, for the purpose of better enabling the said commissioners to convert any such church or chapel into the church or parochial chapel or chapel of ease of a district parish or chapelry, and to convert any chapelries (J) Sect. 15 of 69 Geo. 3, c. 134, being similar to this section, is not printed. 1 1 \ v-1" "■ ^^^-X \ CHURCH BDILDIKG, 1838 & 1840. 143 3 & 4 Viot. o. 60. ] j or other divisions into districts of separate parishes for ecclesiastical purposes ; anything contained in any Act or Acts of parliament, or in any deed or deeds, or any trusts relating thereto, respectively, to the contrary notwith- standing (a). 1 & 2 VICT. Cap. lOr. An Act to amend and render more effectual the Church Building Acts. * {Uth August, 1838.] IX. And be it enacted, that all the powers and Extending authorities given and conferred by the said Act passed in |°^" by*5''g' the fifty-eighth year of His Majesty King George the Geo. 3, o. 45, Third, intituled an Act for the building and promoting fandV™^^^"' the building of additional churches in populous parishes, for enabling the bodies politic and persons therein mentioned to convey, and the commissioners to take, land for the sites of churches and chapels, shall extend to the transfer, by sale or exchange only, of land for a site for a house of residence of any incumbent, provided the same do not exceed five acres. 3 & 4 VICT. Cap. 60. An Act tofwriher amend the Church Building Acts. \1th August, 1840.] XIX (a). And be it further enacted, that in every case in Commissioners which any grant shall have been or shall be made of any TeSi'S land or ground to the said, commissioners for any of the purposes, or to purposes of the said recited Acts or any of them, either charitable uses. for a valuable consideration being paid for the same, and in which the said commissioners shall determine to apply a part only of such land or ground to any of the purposes (a) Sect. 34 of 3 Geo. i, c. 72, being similar to section 19 of 3 & 4 Tiet. c. 60, is not printed. 146 CHARITABLE TRUSTS. [8 & 9 Vict. of the said recited Acts or any of them, it shall be lawful for the said commissioners, and they are hereby authorized and empowered, with the consent of the grantor or grantors or donor or donors (as the case may be) of such land or ground, or of his, her, or their heirs or successors, (which consent such grantor or grantors, or donor or donors, and his, her, or their heirs and successors, whether he, she, or they shall or shall not be under any legal or equitable disability or incapacity whatsoever to give such consent, is and are hereby fully authorized and empowered to give accordingly,) to apply any part of such land or ground which shall not have been or shall not be applied by the said commissioners for the purposes of the said recited Acts, or of any of them, to any other ecclesiastical purposes, either as glebe or otherwise, for the use of the incumbent or minister of the parish, place, or district in which such land or ground is situate, or for the purpose of any parochial or charitable school or any other charitable or public purpose relating to any such parish or place. 8 & 9 VICT. Cap. 70. An Act for the further Amendment of the Church Building Acts. [31ai7%,1845.] The purchase- XIX. And he it enacted, that anything in the herein- Told under the' ^^^"''^ recited Acts or any of them to the contrary not- provisions of withstanding, it shall not be necessary to pay into the need'nof be ^^^^ °^ England any sums of money to be paid for any of En'lanl^"'' lands or hereditaments to be purchased or acquired by though it may virtue of such Acts or any of them, although the same eS'i200, ™*y amount to or exceed two hundred pounds (unless but may be ' Her Majesty's said commissioners shall require such sums tees.'" *™'' *° ^^ P^^*l i^*° such bank), but the same may be invested in the names of trustees, as in the said Act is provided in the cases when the amount thereof shall be under the sum of two hundred pounds ; and in any declaration of C. 70.] CHUECH BUILDING, 1845. 147 trust to be made of any such monies the said commis-> sioners may make such special provisions for the invest- ment of such monies, and the appointment of new trustees thereof, or otherwise, as they shall think fit. XXII. And be it enacted, that where Her Majesty's Apportionment said commissioners shall have already formed or shall &c.,^and^al'so hereafter form any distinct and separate parish, district f charges to • , j-i-,1 1 1, .. n ■, "^ made by the parisn, or district chapelry, under the provisions of the Court of Chan- herein-before recited Acts, or any of them, or this Act, ''^''^■ out of any parish or e«tra-parochial place, it shall be lawful for the Court of Chancery, anything in the herein- before recited Acts to the contrary notwithstanding, on a petition being presented to the said court by any two persons resident in any such parish or extra-parochial place, (such petition to be presented, heard, and deter- mined according to the provisions of an Act passed in the fifty-second year of the reign of His late Majesty King George the Third, intituled "An Act to provide a summary 62 Geo. 3, o. Remedy in cases of Abuses of Trusts created for chari- table Purposes ") to apportion between the remaining part of such parish or place and the distinct and separate parish, or district parish, or district chapelry, any charitable devises, bequests, or gifts which shall have been made or given to or for the use of any such parish or extra- parochial place, or the produce thereof, and in any such case to direct that the distribution of the proportions of such devises, bequests, or gifts, or the produce thereof, as shall be so apportioned, shall be made and distri- buted by the incumbent or spiritual person serving the church, or by the churchwardens of any such distinct and separate parish, district parish, or district chapelry, either jointly or severally, as the said Court of Chancery may think expedient ; and -it shall also be lawful for the said Court of Chancery to apportion between the re- maining part of such parish or place as aforesaid, and such separate divisions or districts, any debts or charges which may have been before the period of such apportionr l2 I ■ J J > to any applica- ments, or hereditaments proposed to be exchanged under ohTngT unless ^^^^ authority of this Act, the number of trustees may when there are have been reduced by death or otherwise ; be it further trustees. enacted, that in such cases the vacancies of trustees shall be filled up in the usual manner, prior to any application for an exchange pursuant to this Act, except in such cases in which the nuruber of trustees living and capable of acting shall be six or more, in which cases the majority in number of trustees living and capable of acting, shall signify their consent to any proposed exchange in writing, by signing the application to the bishop to authorize such Number of exchange as aforesaid; and when the original trustees trustees neoes- ghall have been fewer in number than six, and more than sary to give consent. three, then the consent of not less than four of such trustees shall be so signified to the bishop; and if the original trustees shall have been only three or two, then the consent of all the trustees shall be signified by all of them ; or if there shall have been originally only one • trustee, then the consent of the sole trustee for the time being shall be so signified ; and if any body politic or corporate shall be a trustee for any such charity lands, tenements or hereditaments, then such consent shall be signified under the seal of the corporation, whether a cor- poration aggregate or sole, having a corporate seal, and C. 92.] EXCHANGES. 155 such signatures, and the affixing of such seals respectively, shall be attested by two or more credible -witness or witnesses. VII. And whereas in some cases it may not appear in In oases yrhen whom lands, tenements, or hereditaments subject to trustees the charitable purposes may be vested, and there may be bishop may ap- therefore no person capable of actmg touching any such cases of ex- exchange as aforesaid, on behalf of the charity; be it^'^^s*- further enacted, that in all such cases it shall be lawful for the bishop of the diocese in which such lands, tene- , ments, or hereditaments shall be situate, upon sufficient proof of the fact, by instrument in writing under his hand and seal, to nominate proper persons to act as trustees on behalf of the charity, for the purposes of such exchange, before any other proceedings shall be had touching such exchange ; which trust the person so nominated shall accept, by executing such instrument, before they shall act in such trust; and thereupon it shall be lawful for such trustees to do all things necessary for the purpose of such exchange, as if the lands, tenements, and heredita- ments subject to such charitable purposes had been duly vested in them for such purposes, and to convey the charity lands proposed to be exchanged under the authority of this Act : provided always, that if it shall at Confirmation of any time afterwards appear in whom such lands or here- "'"'^^J*'"'*- ditaments were actually vested at the time of such exchange, it shall be lawful for the person or persons, body politic or corporate, in whom the same shall be then vested by means of such exchange, to obtain, at his, her, or their own expense, a confirmation thereof by con- veyance from the person or persons, or their heirs, in whom it shall appear the same were so vested at the time of such exchange ; but the defect of title of th6 trustees so to be nominated by the bishop as aforesaid, shall not prejudice the title to the lands, tenements, or hereditaments received in exchange in trust for such charitable purposes as aforesaid, but the same shall be 156 CHARITABLE TRUSTS'. [1 & 2 GeO. 4, held and enjoyed for such charitable purposes, notwith- standing the lands, tenements, or hereditaments originally subject to such charitable purposes, and so given in exchange, were not vested, except by the authority of this Act, in the persons who may have conveyed the same in exchange under the authority of this Act. Exchanges may VIII. And whereas doubts may arise whether under though trustees the provisions of this Act an exchange might be legally may be pro- effected where any trustee or trustees of charity lands, lands to be proposed to be given in exchange, should also be the given in ex- proprietor or proprietors of the lands for which such charity lands should be so proposed to be given in ex- change ; be it therefore enacted, that under and according to the several restrictions, declarations, and provisions herein-before expressed, and subject thereto, but not otherwise, it shall and may be lawful for 'any trustee or trustees of any lands, tenements, or hereditaments vested in him, her, or them, either alone or jointly with any other trustee or trustees for any charitable purpose or purposes, to convey or join in conveying, as the case may be, any such trust lands, tenements, or hereditaments, in lieu of and in exchange for any other lands, tenements, or hereditaments of which he, she, or they shall be seized in fee, to and for his, her, or their own use and benefit: But the bishop, provided always, that in every such case the bishop to 'h ^n"^ ™^^t ''^^01^ application shall be made for any such exchange, trustees who shall, upon such application, and before any other pro- terlst^in'the ceedings touching such exchange, nominate and appoint lands. some proper person or persons, having no interest in such exchange, to act as trustee or trustees on the behalf of the said charity, in the matter of such exchange, in the place and stead of the trustee or trustees who bj^ reason of such interest as aforesaid shall be disqualified to act therein ; and the concurrence of the person or persons, so to be appointed to act as temporary trustee or trustees as aforesaid, shall be necessary in all subsequent pro- ceedings relating to such exchange. C. 92.] EXCHANGES. 157 IX. Provided always, and be it further enacted, that in Eviction in case the title of any person or persons, body politic or ^111^°^ titje, corporate, by whom any lands, tenements, or hereditaments shall be attempted to be conveyed in exchange for any charity lands, tenements, or hereditaments, shall at any time appear to be in any manner defective, so that such lands, tenements, or hereditaments shall in the whole or in part be recovered from the trustees or trustee, body politic or corporate, in whom the same shall have been vested or attempted to be vested in exchange under the authority of this Act, or shall be in any manner charged or incumbered, then and in such case the trustees or trustee, body politic or corporate, in whom such lands, tenements, and hereditaments, or any part thereof, ought to have been vested indefeasibly for charitable purposes as aforesaid, shall enter on the original charity lands, tenements, or hereditaments conveyed in exchange as aforesaid, and hold the same according to the original right before the exchange, for the benefit of the charity, in case the lands, tenements, or hereditaments intended to have been vested by way of exchange for the purposes of the charity shall be whoUy evicted, or in case the same shall be partially evicted, or in any manner incumbered, then to hold the same for the purpose of indemnifying the charity against the consequences of any such partial eviction or any such incumbrance, and until full satisfaction shall have been made to the charity, for any defect of title in the lands, tenements, or hereditaments conveyed in exchange for the original charity lands, tenements, or hereditaments as aforesaid, and all costs, charges, and expenses incurred by the charity in consequence thereof. X. And be it further enacted, that no part of the ex- Expense at- penses attending any exchange to be made in pursuance*hangef how to of this Act, shall be borne by or paid out of the funds of ^^ paid, any charity, unless it shall be made appear to the bishop of the diocese, upon application for such exchange as aforesaid, that such exchange is solely intended for the 158 CHARITABLE TRUSTS. [1 & 3 GeO. 4, C. 92. benefit of such charity, and not for any other purpose, and is in respect of such convenience advantageous to the charity, notwithstanding any expense which may be in- curred in effecting the same ; and then so much of such expenses only shall be borne by and discharged out of the funds of such charity as such bishop shall find to be just and reasonable, and shall, by instrument under his hand, allow and declare to be, in his opinion, an expense in- curred for the benefit of the charity, and such as ought to be discharged out of the funds of such charity. Exempt juris- diction not to affect proceed- ings of the diocesan. XI. And whereas charity lauds, tenements, or heredita- ments may be within some peculiar or exempt jurisdic- tion; be it further enacted, that in such case the application for an exchange under the authority of this Act shall be made to the bishop of the diocese within which the charity lands, tenements, or hereditaments proposed to be exchanged shall be situate, and not to any other authority claiming such peculiar or exempt jurisdic- tion ; and the bishop of such diocese shall proceed in the same manner, in such case, as if such charity lands, tenements, or hereditaments were to all intents and purposes within his jurisdiction as diocesan ; and in case any such charity lands, tenements, or hereditaments shall be within two or more dioceses, then and in such case application shaU be made to the several bishops of such several dioceses, to direct before which of such bishops the proceedings touching any such exchange 'shall be had, and such bishops shall accordingly direct before which of such bishops such proceedings shall be had ; and there- upon such proceedings shall be had before such bishop in the same manner as such proceedings might have been had if all such charity lands, tenements, or hereditaments had been within the diocese of such bishop. EXCHANGES AND PARTITIONS. 159 8 & 9 VICT. Cap. 118. An Act to facilitate the Inclosure and Improvement of Commons and Lands held in common, the Exchange of Lands, and the D ivision of intermixed Lands ; to provide Remedies for defective or incomplete Executions, andfor the non-execution of the Power's of general and local inclosure Acts ; and to provide for the Revival of such Powers in certain CdS^es. [8th August, 1845.] CXLVII. And be it enacted, that it shall be lawful for Exchanges may the commissioners (a), upon the application in writing of i^^^ot sub- the persons interested, according to the definition herein- ject to be en- before contained, in lands not subject to be inclosed under this Act, or in lands subject to be inclosed under this Act as to which no proceedings for an inclosure shall be pending, and who shall desire to effect an exchange of lands in which they respectively shall be so interested, to direct inquiries whether such proposed exchange would be beneficial to the owners of such respective lands ; and in case the commissioners shall be of opinion that such exchange would be beneficial, and that the terms of the proposed exchange are just and reasonable, they shall, unless notice of dissent to the proposed exchange shall be given, under the provision herein-after contained, cause to be framed, and confirmed under the hands and seal of the commissioners, an order of exchange, with a map or plan thereunto annexed, in which order shall be specified and shown the lands given and taken in ex- change by each person so interested respectively ; and a copy of such order, under the seal of the commissioners, shall be delivered to each of the parties on whose applica- tion the exchange shall have been made ; and such order of exchange shall be good, valid, and effectual in the law (a) Inclosure commissioneiB for England and Wales. 160 CHARITABLE TEUSTS. [8 & 9 Vict. to all intents and purposes whatsoever, and shall he in nowise liable to be impeached by reason of any infirmity of estate or defect of title of the persons on whose appli- cation the same shall have been made ; and the land taken upon every such exchange shall he and enure to, for, and upon the same uses, trusts, intents, and purposes, and subject to the same conditions, charges, and incum- brances, as the lands given on such exchange would have stood limited or been subject to in case such order had not been made ; and all expenses with reference to such order and exchange, or the inquiries in relation thereto, or to any proposed exchange, shall he borne by the persons on whose application such order shall have, been made or such inquiries undertaken : provided always,, that no exchange shall be made of any land held in right of any church or chapel or other ecclesiastical benefice,, without the consent, testified in writing, of the bishop of the diocese and the patron of such benefice. inoonTenient CXLIX. And be it enacted, that where, under the the^pro? and"^ powers of any inclosure Act, any allotment shall have public purposes been made in trust for the poor inhabitants of any parish changed for OJ" of ^^J class of such poor inhabitants, or in trust to he land more con- leased, used, or enjoyed to or by or upon any other trusts for the benefit of such poor inhabitants, or for the purposes of exercise and recre9,ti6n, or for any other public or parochial purpose, and it shall appear to the commissioners that such allotment, by reason of its distance from the dwellings of such poor inhabitants, or from the nature or quality of the soil, or otherwise, shall not he convenient or suitable for the purposes for which the same shall have been made, it shall be lawful for the commissioners, upon the application in writing of the churchwardens and overseers of the poor of the parish in which such allotment shall be situate, or of the trustees for the time being of such allotment, and of the person interested in land more convenient or suitable for the purposes for which such allotment shall have been made. C. 118.] EXCHANGES AND PARTITIONS. 161 and who may be willing to give such land in exchange for such allotment, in case the commissioners shall he of opinion that such exchange would he heneficial to the poor inhabitants or other persons for whose benefit or more suitable to the purposes for which such allotment was made, to cause to be framed and- to confirm an order of exchange of such allotment for such other land as aforesaid; and the provisions herein contained concerning exchanges shall apply to such allotment as if such church- wardens and overseers or trustees respectively were the persons interested in such allotment. CL. -Provided always, and be it enacted, that no such Notices of sueh order of exchange or order of division and allotment as awisionrto be aforesaid shall be confirmed by the commissioners until ei^^n. notice shall have been given by advertisement in three successive weeks of such proposed exchange or division and allotment, and three calendar months shall have elapsed from the publication of the last of such advertise- ments ; and in case before the expiration of such three calendar months any person entitled to any estate in or to any charge upon any land included in such proposed exchange or division and allotment shall give notice in writing to the commissioners of his dissent from such proposed exchange or division and allotment, as the case may be, the commissioners shall not confirm an order for such exchange or such division or allotment, unless such dissent shall be withdrawn, or it shall be shown to the commissioners that the estate or charge of the party so dissenting shall have ceased. CLI. And be it enacted, that if any difference shall Expenses of arise touching the said expenses in relation to any ex- a^yiatons.^ ™ change, division, allotment, orders, or inquiries as afore- said, or the share thereof to be paid by any person, it shall be lawful for the commissioners to certify under their hands and seal the amount to be paid by such person ; and in case any person shall neglect or refuse to 163 CHARITABLE TRUSTS. [9 & 10 Vict. pay his share so certified to be payable by him, and upon the production of such certificate before any two justices of the peace for the county or other jurisdiction whereia the land shall be situate, such justices, upon the nonpay- ment thereof, are hereby required, by waiTant under their hands and seals, to cause the same to be levied by distress. Cop7hoId and cnstomary lands may be exchanged. Cionsent of lord of the manor re- qnired. 9 & 10 VICT. Cap. 70. An Act to amend the Act to facilitate the Inclosure and Improvement of Commons, I26th Augmt, 1846.] IX. And be it enacted, that the provisions of the said recited Act {a) respecting the exchange of lands, and re- specting the division into convenient parcels and allotment of lands intermixed or divided into parcels of inconvenient form or quantity (and respectively applicable to land not subject to be inclosed under the said Act, and to land so subject as to which no proceedings for an inclosure shall be pending), shall extend and be applicable to lands of copyhold or customary tenure and the land taken in exchange under any order of exchange ;. and the land allotted under any order of division and allotment in respect of any copyhold or customary land shall be deemed copyhold or customary land, and shall be held of the lord of the same manor, under the same rent, custom, and services as the copyhold or customary land in respect of which it may be so taken and allotted respectively was or ought to have been held, without any new admittance in respect of land so taken and allotted ; and the land taken in exchange and the land allotted under such orders respectively in respect of freehold land shall be of free- hold tenure : provided always, that no such order of exchange or of division and allotment of or affecting any copyhold or customary land shall be confirmed by the (o) 8 & 9 Viot. c. 118. C. 70.] EXCHANGES AND PAETITIONS. 163 commissioners unless the consent of the lord of the manor of which such copyhold or customary land shall be holden shall have been given, either to the application of the persons interested for such exchange or division and allotment, or to the exchange or division and allotment to which such order shall relate : and a copy of every such order, when confirmed, shall be delivered to the lord of such manor or his steward, and shall be kept with and deemed part of the court rolls of such manor. X. And be it enacted, that in every case where the Steward or consent of the lord of a manor is required under this Act ^^^li^^ a declaration or statement in writing under the hand of ■writing on be- the steward or his deputy authorized to take surrenders lord. or grant admittances of or to copyhold or customary lands in such manor, signifying that the lord has consented, shall be evidence of such consent for all the purposes of this Act ; and a recital or statement of the consent of the lord of a manor contained in an award which shall be approved or in an order which shall be confirmed by the commissioners shall, so far as respects the validity of such award or order, be conclusive evidence of such consent. XI. And be it enacted, that where a person interested Shares of land in any undivided share, or any cattle gate or other gate, gatea and stints or any right of common defined by numbers or stints, in ™*y *•« ^''^ or to be exercised over any land, and a person interested in any undivided share or gate or right (so defined) in or to be exercised over any other land, shall be desirous of exchanging their respective shares, gates, or rights, whether such respective lands or either of them shall or shall not be subject to be inclosed under the said recited Act, and whether any proceedings for an inclosure of such respective lands or either of them shall or shall not be pending, it shall be lawful for the commissioners, upon the application in writing of the persons interested in such shares, gates, or rights which they shall be so desirous of exchanging, or in such lands in respect of 164 CHARITABLE TRUSTS. [10 & 11 Vict. Buch shares, gates, or rights, to make an order of ex- change of such respective shares, gates, or rights, without requiring the concurrence in such application of the other persons interested in such lands ; and all the provisions of the said recited Act and this Act respecting the exchange of lands shall extend and he applicable to the exchange of such respective shares, gates, or rights ; pro- vided that, instead of the map or plan by the said recited Act directed to he annexed to an order of exchange, the commissioners may cause to be therein inserted or there- unto annexed such descriptions as may appear to them sufficiently to ascertain such respective shares, gates, or rights, and such respective lands as aforesaid. 10 & 11 VICT. Cap. 111. An Act to extend the Provisions of the Act for the Inclosure and Improvement of Commons. [23rd July, 1847.] ! may jy. ^n,j ]be it enacted, that where an exchange shall be be made of ji •ja/\p land, excepting made under the said Act (a) of lands not subject to be miMrahaDd i^^^osed under such Act, or of lands subject to be so easements. inclosed as to which no proceedings for an inclosure shall be pending, it shall and may be lawful for the commis- sioners, in conformity with the terms of the application for such exchange, to except or reserve out of such exchange the property or right of or to all or any of the mines or minerals under all or any part of the land given by both or either of the parties, together with rights and easements for or auxiliary to the exercise or enjoy- ment of the right or property of such excepted or reserved mines and minerals, and (whether such mines and minerals shall or shall not be reserved) such rights of way and other easements as the parties to such application may have agreed on. (o) 8 & 9 Vict. c. U8. C. 111.] EXCHANGES AND PARTITIONS. 165 VI. And whereas it is provided by the said Act that Lands taken in any land taken in exchange or on partition or allotted in i^'i^egpfct of" ' respect of copyhold or customary land shall be deemed copyhold or copyhold or customary land, and shall he held of the lord lands shall be of the same manor under the same rent and by the same ''^''^ *° ]>« •' copyhold, and customs and services as the copyhold or customary land shall be held in respect of which it may have been taken in exchange i„d Vc.™* or on partition or allotted was or ought to have been held, and shall pass in like manner as the copyhold or customary land in respect whereof such exchanges, partitions, or allotments shall be made : and whereas it is expedient to enable the parties so taking such lands in exchange or on partition or as allotments to hold the same of freehold -tenure : be it enacted, that, by and with the consent of the lord of the manor and of the parties so taking such lands in exchange or on partition or as allotments, it shall and may be lawful for the said com- missioners to declare that the same shall be held as of freehold tenure, on such terms and conditions as may be agreed upon between the parties, and as may be deemed just by the said commissioners, and the same land shall be held as freehold accordingly. 11 & 13 VICT. Cap. An Act to further extend the Provisions of the Act for the Inclosure and Improvement of Commons. [ith S^temler, 1848.] XIII. And whereas it is expedient that the provisions Provisions of of the said- recited Acts (a) concerning exchanges should ^""bsure Acta extend to partition : be it enacted, that it shall be lawful changes of land for the commissioners, upon the application in writing of "g incioMd '° the persons interested, according to the definitions in the *c., extended said first-recited Act contained, in the several undivided (a) 8 & 9 Viet. c. 118 ; 9 & 10 Vict. c. 70 ; and 10 & 11 Vict. c. 111. 166 CHARITABLE TRUSTS. [11 & 12 Vict. C. 99. parts or shares of any land not subject to be inclosed under the said first-recited Act, or in land subject to be inclosed under such Act as to which no proceedings for an inclosure shall be pending, and who shall desire to effect a partition of such land, to direct inquiries whether such proposed partition would be beneficial to the owners of such undivided parts or shares, and in case the com- missioners shall be of opinion that such partition would be beneficial, and that the terms of the proposed partition are just and reasonable, they shall, unless notice of dissent to the proposed partition shall be given, under the pro- vision herein by reference contained, cause to be framed and confirmed an order of partition, with a map or plan thereunto annexed, in which order shall be specified and shown the land allotted in severalty to each person so interested in respect of the undivided part or share in which he shall be so interested respectively; and the land allotted in severalty upon every such partition, in respect of each such undivided part or share, shall be and enure to, for, and upon the same uses, trusts, intents, and purposes, and subject to the same conditions, charges, and incumbrances, as the undivided part or share in respect whereof the same shall be allotted would have stood limited or been subject to, in case such order had not been made. Provisions of XIV. And be it enacted, that the provisions of the applicable to ° Said first-recited Act concerning notice, dissent, and Bucii exchange confirmation, and expenses, with respect to an exchange partition under of lands not Subject to be inclosed under such Act, or of this Act. lands subject to be inclosed under such Act as to which no proceedings for an inclosure shall be pending, and all other provisions of the said first-recited Act, and of the Acts for amending and extending the same, applicable to such exchange as aforesaid, shall be applicable to a parti- tion of land under this Act. EXCHANGES AND PAETITIONS. 167 13 & 13 VICT. Cap 83. An Act further to facUitate the Inclosure of Commons, and the Improvement of Commons and other Lands. [1st August, 1849.] VII. And be it enacted, that aU the provisions of the Exchange and said recited Acts (a) applicable to the powers of exchange r^^^'fto. and partition under the «aid recited Acts shall extend and be applicable to the exchange of all rights of common, rights of fishing, manorial and other rights, and all easements over any land, and all quit rents, chief rents, heriots, tithes, and rentcharges for any other of the said rights, easements, and things, whether of the same or a like or different nature, or for land, and also to the par- tition of the same respectively; and when two or more persons shall be interested jointly, severally, as a class, or in common, in any rights or property proposed to be exchanged or partitioned under this or the said recited Acts, the application of two thu'ds in value of the persons so interested jointly, severally, as a class, or in common, as aforesaid, shall be deemed the application of all persons interested or having any estate therein. XI. And whereas doubts have arisen whether, under 'Lands held the said recited Acts, a person interested in several titlesYy^h™ " subject matters of exchange, but held under separate same person titles, or for distinct and separate interests, or subject to changed, separate charges or incumbrances, can effect an exchange thereof; be it declared and enacted, that the person so interested as aforesaid may effect exchanges of such several subject matters of exchange in such and the same manner as if different persons had been interested therein. (a) 8 & 9 Vict. 0. 118 ; 9 & 10 Vict. c. 70 ; 10 & 11 Vict. o. Ill ; and 11 & 12 Vict. c. 99. 168 CHAEITABLE TEUSTS. [15 & 16 Vict. 15 & 16 VICT. Cap. 79. Deposit of orders of ex- change and partition in certain cases. An Act to amend and further extend the Acts for the Inclosure, Exchange, and Improvement of Land. [SOth Jrnie, 1852.] XVII. In any case of division of intermixed land, exchange, or partition in which it shall appear to the commissioners from the number of persons interested in the subject matter of the division, exchange, or partition, or the nature of their interests, that the direction in the said recited Acts (a) that a copy of the order under the seal of the commissioners shall be delivered to each of the parties upon whose application such order shall be made are inapplicable, it shall be lawful for them, instead of delivering a copy of such order to each of such parties, to direct by an order under their seal that copies shall be deposited in such and the same manner as copies of an award in the matter of an inclosure under the said Acts are directed to be deposited, and thereupon all the pro- visions in the said firstly-recited Act relating to the deposit, custody, and inspection of copies of such awards and for the furnishing of copies of and extracts there- from, shall be applicable to copies of such orders of division, exchange, and partition respectively: provided always, that the commissioners shall, upon the request and at the cost of any person upon whose application such order was made, furnish him with a copy of the order sealed with their seal. Allotments set XXI. Where any allotment has been made in trust or Aote^'may be™ otherwise under any inclosure award for any public or parochial purpose, or for the benefit of the inhabitants or others within any parish or manor, and it shall appear (o) 8 & 9 Vict. c. 118 ; 9 & 10 Vict. o. 70 ; 10 & 11 Viet. c. Ill : 11 & 12 Vict. 0. 99; 12 & 13 Vict. o. 83; and 14 & 15 Vict. u. 63. C. 79.] EXCHANGES AND PAETITIONS. 169 to the said commissioners to be no longer necessary, convenient, or suitable for the purposes for which the same shall have been made, it shall be lawful for the commissioners, upon the application in writing of the churchwardens and overseers of the poor of the parish in which such allotment is situated, or the trustees for the time being of such allotment, and of the person interested in any land or other subject matter of exchange under the said recited Acts or either of them which he may be willing to give in exchange for such allotment, in case they shall be of opinion' that such exchange would be mutually beneficial, to cause to be framed, and to confirm an order of exchange of such allotment for such other land or other subject matter of an exchange as aforesaid, and all the provisions of the said recited Acts applicable to exchanges shall extend and be applicable to any such applications for exchange : provided always, that it shall be lawful thereby to declare any new trusts, if the same shall have been approved of by a majority of the persons for whose benefit such allotment as aforesaid was set out present at a meeting convened by the commissioners for the purpose of considering the same. XXIX. In case of any fraudulent or other error or Confirmed omission in any award or order confirmed by the com- o^^^^may be missioners, the said commissioners may, by an order corrected. under their hands and seal, by indorsement or otherwise, correct such error or supply such omission, and such order shall be ingrossed, and, where not indorsed as aforesaid, be deposited with the original award or order, and shall thenceforth be and be deemed to be part thereof to all intents and purposes; and all the expenses incident thereto shall be paid by the party (if any) who shall have requested the commissioners to make and execute the same, or by his executors or administrators. XXXI. Any person interested in any land or other Land held subject matter of partition in undivided shares held ^"i// &^^b/ 170 CHAEITABLE TRUSTS. [15 & 16 Vict. the same per- under separate titles, or for distinct and separate partmonei interests, or subject to separate charges or incumbrances, may effect a partition of the same in such and the same manner as if different persons had been interested therein. Power to effect XXXII. Where any person or persons interested in eMhangM*"*^ any undivided parts or shares of any land or other where parties subject matter of partition, within the meaning and intent land7subjeot ^i the said recited Acts, or any of them, and also in- matterofpar-. terested in the entirety of any land or other subject tition, and also .... in the entirety matter of exchange withm the meaning and intent ot the of any land, g^^j^j recited Acts or any of them, shall be desirous at one and the same time of effecting a partition and, exchange thereof, it shall be lawful for such persons so desirous of effecting such partition and exchange to agree between themselves to effect the partition and exchange, in such a manner and in such proportions as they shaU. think fit, so that the land to be allotted to such person or persons in severalty, by means of such partition, together with the land to be taken in exchange by such person or persons, shall be a fair equivalent in value for the land so to be allotted in severalty to and the land to be taken in exchange by the other person or persons ; and the com- missioners may, upon the application in writing of the persons so interested, direct inquiries whether such arrangement would be beneficial to the owners of such lands and such undivided parts or shares respectively, and in case they shall be of opinion that such arrange- ment would be beneficial, and that the terms thereof are just and reasonable, they shall, unless notice of dissent be given in the manner provided by the said several recited Acts, cause to be framed and confirmed an order of partition and exchange, with a map or plan thereunto annexed, in which order shall be specified and shown the lands allotted and awarded to each party under the said arrangement; before making such order of partition and exchange, the commissioners shall ascertain, and shall in C. 79.] EXCHANGES AND PARTITIONS. 171 such order specify, -what portions of the lands so to he awarded and allotted to each or any party is equivalent in value to the undivided part or share of such party in the lands partitioned, and the said portions so ascertained and specified shall he taken and deemed to he so awarded and allotted under the partition; and the said commissioners shall also ascertain, and shall in such order specify, what portion of the lands so to be awarded and allotted to each or any party is equivalent in value to the land given in exchange by such party, and such portion so ascertained and specified shall be deemed to be so awarded and allotted by way of exchange ; and the land awarded and allotted by such order to each party shall be held in the following manner, viz., so much thereof as by the said order shall be awarded and allotted under the partition shall he and enure to, for, and upon the same uses, trusts, intents, and purposes> and subject to the same conditions, charges, and incum- brances, as the undivided part or share of the party would have stood limited or been subject to in case the said order had not been made, and so much of the said land as by the said order shall be awarded and allotted by way of exchange shall be and enure to, for, and upon the same uses, trusts, intents, and purposes, and subject to the same conditions, charges, and incumbrances, as the land given in exchange would have stood limited or been subject to in case such order had not been made. 17 & 18 VICT. Cap. 97. An Act to amend and extend the Acts for the Inclosure, Exchange, and Improvement of Land. [10( of .a concealed fraud the right of any person to bring a shall run whilst suit in equity for the recovery of any land or rent of *''^/'^*"'^ '^®' ■■• •' . mains con- which he, or any person through whom he claims, may cealed. have been deprived by such fraud, shall be deemed to have first accrued at and not before the time at which such fraud shall or with reasonable diligence might have been first known or discovered ; provided that nothing in this clause contained shall enable any holder of lands or rents to have a suit in equity for the recovery of such lands or rents, or for setting aside any conveyance of such lands or rents, on account of fraud against any bond fide purchaser for valuable consideration who has not assisted in the commission of such fraud, and who at the time that he made the purchase did not know and had no reason to believe that any such fraud had been committed. XXVII. Provided always, and be it further enacted, Saying the that nothing in this Act contained shall be deemed to ^^"uk 'tn'thf interfere with any rule or jurisdiction of courts of equity ground of ao- in refusing relief on the ground of acquiescence or other- o"herwhe! "^ J 92 CHARITABLE TRUSTS. [3 & 4 Will. 4, wise to any person whose right to bring a suit may not be barred by virtue of this Act. Mortgagor to XXVIII. And be it further enacted, that when a the end of mortgagee shall have obtained the possession or receipt twenty years Qf ^jjg profits of any land, or the receipt of any rent, when the mort- comprised in his mortgage, the mortgagor, or any person sSn^orfrom claiming through him, shall not bring a suit to redeem the last written the mortgage but within twenty years next after the time ment.^ ^ ^ at which the mortgagee obtained such possession or receipt, unless in the meantime an acknowledgment of the title of the mortgagor or of his right of redemption shall have been given to the mortgagor, or some person claiming his estate, or to the agent of such mortgagor or person, in writing signed by the mortgagee or the person claiming . through him; and in such case no such suit shall be brought but within twenty years next after the time at which such acknowledgment, or the last of such acknowledgments if more than onp, was given ; and when there shall be more than one mortgagor, or more than one person claiming through the mortgagor or mortgagors, such acknowledgment, if given to any of such mortgagors or persons, or his or their agent, shall be as effectual as if the same had been given to all such mortgagors or persons ; but where there shall be more than one mort- gagee, or more than one person claiming the estate or interest of the mortgagee or mortgagees, such acknow- ledgment, signed by one or more of such mortgagees or persons, shall be effectual only as against the party or parties signing as aforesaid, and the person or persons claiming any part of the mortgage money or land or rent by, from, or under bim or them, and any person or persons entitled to any estate or estates, interest or interests, to take effect after or in defeasance of his or their estate or estates, interest or interests, and shall not operate to give to the mortgagor or mortgagors a right to redeem the mortgage as against the person or persons entitled to any other undivided or divided part of the money or land C. 27.] LIMITATION OF ACTIONS. 193 or rent; and where such of the mortgagees or persons aforesaid as shall have given such acknowledgment shall be entitled to a divided part of the land or rent comprised in the mortgage, or some estate or interest therein, and not to any ascertained part of the mortgaged money, the mortgagor or mortgagors shall be entitled to redeem the same divided part of the land or rent on payment, with interest, of the part of the mortgage money which shall bear the same proportion to the whole of the mortgage money as the value of such divided part of the land or rent shall bear to the value of the whole of the land or rent comprised in the mortgage. XXIX. Provided always, and be it further enacted, No lands or that it shall be lawful for any Archbishop, Bishop, Dean, rtooveredV Prebendary, Parson, Vicar, Master of Hospital, or other eceiesiastioai or Spiritual or Eleemosynary Corporation Sole, to make an corporation entrv or distress or to brine an action or suit to recover »°i» }>"' withm . . ... two inonm- any land or rent within such period as herein-after is benoies and six mentioned next after the time at which the right of such y^™' ""^ ^^^^^ Corporation Sole, or of his predecessor, to make such entry or distress or bring such action or suit shall first have accrued ; (that is to say,) the period during which two persons in succession shall have held the ofiice or benefice in respect whereof such land or rent shalj be claimed, and six years after a third person shall have been appointed thereto, if the times of such two incumbencies and such term of six years taken together shall amount to the full period of sixty years ; and if such times taken together shall not amount to the full period of sixty yearsi then during such further number of years in ad- dition to such six years as will, with the time of the holding of such two persons and such six years, make up the full period of sixty years ; and after the said thirty- first day of December one thousand eight huudred and thirty-three no such entry, distress, action, or suit shall be made or brought at any time beyond the determination of such period. 1U4 CHARITABLE TRUSTS. [3 & 4 Will. 4, No advourson XXX. And be it further enacted, that after the said but'withT"'^ thirty-first day of December one thousand eight hundred three incum- and thirty-three no person shall bring any quare impedit years!^ "^ ^^ ^ or other action or any suit to enforce a right to present to or bestow any Church, Vicarage, or other Ecclesiastical Benefice, as the patron thereof, after the expiration of such period as herein- after is mentioned; (that is to say,) the period during which three clerks in succession shall have held the same, all of whom shall have obtained possession thereof adversely to the right of presentation or gift of such person, or of some person through whom he claims, if the times of such incumbencies taken together shall amount to the full period of sixty years ; and if the time of such incumbencies shall not together amount to the full period of sixty years, then after the expiration of such further time as with the times of such incumbencies will make up the full period, of sixty years. Incumbencies XXXI. Provided always, and be it further enacted, that be reckoned" when on the avoidance, after a clerk shall have obtained within the possession of an Ecclesiastical Benefice adversely to the incumbencies right of presentation or gift of the patron thereof, a v*^ to b^h '^^^^^ shall be presented or collated thereto by his Majesty ricks. or the ordinary by reason of a lapse, such last mentioned clerk shall be deemed to have obtained possession ad- versely to the right of presentation or gift of such patron as aforesaid ; but when a clerk shall have been presented by his Majesty upon the avoidance of a benefice in conse- quence of the incumbent thereof having been made a Bishop, the incumbency of such clerk shall, for the purposes of this Act, be deemed a continuation of the in- cumbency of the clerk so made Bishop. When person XXXII. And be it further enacted, that in the con- adTOWMuTn struction of this Act every person claiming a right to remainder, &c. present to or bestow any Ecclesiastical Benefice, as ^S^Zoh^ V^^^o^ thereof, by virtue of any estate, interest, or right barred. C. 27.] LIMITATION OF ACTIONS. 195 which the owner of an estate tail in the advowson might have barred, shall be deemed to be a person claiming through the person entitled to such estate tail, and the right to bring any quare impedit, action or suit, shall be limited accordingly. XXXIII. Provided always, and be it further enacted, no advowson that after the said thirty-first day of December one thou- to be recovered ■' , ■' after 100 years, sand eight hundred and thirty-three no person shall bring any quare impedit or other action or any suit to enforce a right to presefit to or bestow any Ecclesiastical Benefice, as the patron thereof, after the expiration of one hundred years from the time at which a clerk shall have obtained possession of such benefice adversely to the right of presentation or gift of such person, or of some person through whom he claims, or of some person entitled to some preceding estate or interest, or undivided share or alternate right of presentation or gift, held or derived under the same title, unless a clerk shall subse- quently have obtained possession of such benefice on the presentation or gift of the person so claiming, or of some person through whom he claims, or of some other person entitled in respect of an estate, share, or right held or derived under the same title. XXXrV. And be it further enacted, that at the deter- At the end of mination of the period limited by this Act to any person limiSon the for making an entry or distress, or bringing any writ of "g''' "* '^^ ,. , . .,.,.., party out ot quare impedit or other action or suit, the right and title poBsesslontobe of such person to the land, rent, or advowson for the extinguished. recovery whereof such "entry, distress, action, or suit respectively might have been made or brought within such period shall be extinguished. XXXV. And be it further enacted, that the receipt of Receipt of rent the rent payable by any tenant from year to year, or other ^cefpt oT*'^ lessee, shall, as against such lessee or any person claiming profits. under him (but subject to the lease), be deemed to be the o2 196 CHAEITABLE TEaSTS. [3 & 4 Will. 4, receipt of the profits of the land for the purposes of this Act. 1834. Eeal and mixed XXXVI. And he it further enacted, that no writ of lished after the right patent, writ of right quia dominus remisit curiam, siat^ December -^^j^ q{ right in capite, writ of right in London, writ of right close, writ of right de rationabili parte, writ of right of advowson, writ of right upon disclaimer, writ de rationabilibus divisis, writ of right of ward, writ de consuetudinibus et servitiis, writ of cessavit, writ of escheat, writ of quo jure, writ of secta ad molendinum, writ de essendo quietum de theolonio, writ of ne injuste vexes, writ of mesne, writ of quod permittat, writ of formedon in descender, in remainder, or in reverter, writ of assize of novel disseisin, nuisance, darrein-presentment, juris utrum, or mort d'ancestor, writ of entry sur disseisin, in the quihus, in the per, in the per and cui, or in the post, writ of entry sur intrusion, writ of entry sur alienation dum fuit non compos mentis, dum fuit iafra setatem, dum fuit in prisona, ad communem legem, in casu proviso, in consimili casu, cui in vita, sur cui in vita, cui ante divor- tium, or sur cui ante divortium, writ of entry sur abate- ment, writ of entry quare ejecit infra terminum, or ad terminum qui prseteriit, or causa matrimonii prselocuti, writ of aiel, besaiel, tresaiel, cosinage, or nuper obiit, writ of waste, writ of partition, writ of deceit, writ of quod ei deforceat, writ of covenant real, writ of warrantia chartse, writ of curia claudenda, or writ per quse servitia, and no other action, real or mixed, (except a writ of right of dower, or writ of dower unde nihil habet, or a quare im- pedit, or an ejectment,) and no plaint in the nature of any such writ or action (except a plaint for freebench or dower), shall be brought after the thirty-first day of De- cember one thousand eight hundred and thirty-four. Eeal actions XXXVII. Provided always, and be it further enacted, TtiuS''* ^"^ ^^^°' °^ *^® ^*i* thirty-first day of December one June 1836. thousand eight hundred and thirty-four, any person who except for dower, quare impedit, and ejectment. c; 27.] LIMITATION OF ACTIONS. 197 shall not have a right of entry to any land shall be en- titled to maintain any such writ or action as aforesaid in respect of such land, such writ or action may be brought at any time before the first day of June one thousand eight hundred and thirty-five in case the same might have been brought if this Act had not been made, not- withstanding the period of twenty years herein-before limited shall have expired. XXXVIII. Provided^ also, and be it further enacted, Saving the that when on the said first day of June one thousand ^^^ entitkd eight hundred and thirty-five, any person whose right of *<> "^eal actions entry to any land shall have been taken away by any de- commencement scent cast, discontinuance, or warranty, might maintain °^ **** ■^''*' ^°- any such writ or action as aforesaid in respect of such land, such writ or action may be brought after the said first day of June one thousand eight hundred and thirty- five, but only within the period during which by virtue of the provisions of this Act an entry might have been made upon the same land by the person bringing such writ or action if his right of entry had not been so taken away. XXXIX. And be it further enacted, that no descent No descent cast, discontinuance, or warranty which may hapjCen or be t^ ^^^ ^ right made after the said thirty-first day of December one °^ entry. thousand eight hundred and thirty-three shaU toll or defeat any right of entry or action for the recovery of land. XL. And be it further enacted, that after the said Money charged thirty-first day of December one thousand eight hundred "egaoierto be*^ and thirty-three no action or suit or other proceeding deemed satis- shall be brought to recover any sum of money secured by of twenty years any mortgage, judgment, or lien, or otherwise charged j^**''^'^?^''^!! upon or payable out of any land or rent, at law or in paidoracknow- equity, or any legacy, but within twenty years next after J^ruSg^fn'the a present right to receive the same shall have accrued to meantime. some person capable of giving a discharge for or release 198 CHARITABLE TRUSTS. [3 & 4 Will. 4, of the same, unless in the meantime some part of the principal money, or some interest thereon, shall have been paid, or some acknowledgment of the right thereto shall have been given in writing signed by the person by whom the same shall be payable, or his agent, to the person entitled thereto, or his agent ; and in such case no such action or suit or proceeding shall be brought but within twenty years after such payment or acknow- ledgment, or the last of such payments or acknow- ledgments if more than one was given. No arrears of dower to be recovered for more than six years. XLI. And be it further enacted, that after the said thirty-first day of December one thousand eight hundred and thiiiy-three no arrears of dower, nor any damages on account of such arrears, shall be recovered or obtained by any action or suit for a longer period than six years next before the commencement of such action or suit. No arrears of XLII. And be it further enacted, that after the said to°be°reTOTerai thirty-first day of December one thousand eight hundred . for more than and thirty-three no arrears of rent or of interest in respect of any sum of money charged upon or payable out of any land or rent, or in respect of any legacy, or any damages in respect of such arrears of rent or interest, shall be recovered by any distress, action, or suit, but within six years next after the same respectively shall have become due, or next after an acknowledgment of the same in writing shall have been given to the person en- titled thereto, or his agent, signed by the person by whom the same was payable, or his agent: Provided never- theless, that where any prior mortgagee or other incum- brancer shall have been in possession of any land, or in the receipt of the profits thereof, within one year next before an action or suit shall be brought by any person entitled to a subsequent mortgage or other" incumbrance on the same land, the person entitled to such subsequent mortgage or incumbrance may recover in such action or suit the arrears of interest which shall have become due C. 27.] MUNICIPAL COHPOBATIONS ACT. 199 during the whole time that such prior mortgagee or incumbrancer was in such possession or receipt as afore- said, although such time may have exceeded the said term of six years. XLIII. And be it further enacted, that after the said Act to extend to the Bpiri- thirty-first day of December one thousand eight hundred tual Courts. and thirty -three no person claiming any tithes, legacy, or other property for the recovery of which he might bring an action or suit at law or in equity shall bring a suit or other proceeding in any Spiritual Court to recover the same but within the period during which he might bring such action or suit at law or in equity. XLIV. Provided always, and be it further enacted. Act not to ex- that this Act shall not extend to Scotland, and shall not, land, nor to so far as it relates to any right to permit to or bestow any j^Jianj""^ "" church, vicarage, or other ecclesiastical benefice, extend to Ireland. XLV. And be it further enacted, that this Act may be Act may be amended, altered, or repealed during this present Session ^°'^° ^ ■ of Parliament. 5 & 6 WILL. IV. Cap. 76. An Act to provide for the Regulation of Municipal Cor- porations in England and Wales. [9th Septeniber, 1835.] LXXL And whereas divers bodies corporate now Charitable stand seised or possessed of simdry hereditaments and personal estate, in trust, in whole or in part, for certain charitable trusts, and it is expedient that the adminis- tration thereof be kept distinct from that of the public stock and borough fund; be it enacted, that in every borough in which the body corporate, or any one or more 20D CHAEITABLE TRUSTS. [5 & 6 "Will. C. 76. of the members of such body corporate, in his or their corporate capacity, now stands or stand solely, or together with any person or persons elected solely by such body corporate, or solely by any particular number, class, or description of members of such body corporate seised or possessed for any estate or interest whatsoever of any hereditaments, or any sums of money, chattels, securities for money, or any other personal estate what- soever, in whole or in part in trust or for the benefit of any charitable uses or trusts whatsoever, all the estate, right, interest, and title, and all the powers of such body corporate, or of such member or members of such body corporate, in respect of the said uses and trusts, shall continue in the persons who at the time of the passing of this Act are such trustees as aforesaid, notwithstanding that they may have ceased to hold any office by virtue of which before the passing of this Act they were such trustees, until the first day of August one thousand eight hundred and thirty-six, or until parliament shaU otherwise order, and shall immediately thereupon utterly cease and determine : provided always, that if any vacancy shall be occasioned among the charitable trustees for any borough before the said first day of August, it shall be lawful for the Lord High Chancellor or lords commissioners of the Great Seal for the time being, upon petition in a summary way, to appoint another trustee to supply such vacancy : and every person so appointed a trustee as last aforesaid shall be a trustee until the time at which the person in the room of whom he was chosen would regularly have ceased to be a trustee, and he shall then cease to be a trustee : Provided also, that if parliament shall not other- wise direct, on or before the said first day of August one thousand eight hundred and thirty-six, the Lord High Chancellor or lords commissioners of -the Great Seal shall make such orders as he or they shall see fit for the administration, subject to such charitable uses or trusts as aforesaid, of such trust estates. MUNICIPAL COEPOBATIONS ACT AMENDMENT ACT. 201 7 WILL. IV. & 1 VICT. Cap. 78. An Act to amend an Act for the Regulation of Municipal Corporations in England and Wales. [irth July, 1837.] XLV. And be it enacted, that any stocks, funds, or Manner of public secuiities which,may be standing in the books of corporate pro- the governor and company of the Bank of England, or P^^^ standing of any other public company or society, in the name of books, &o. the mayor, aldermen, and burgesses of any borough, either under their present or under any former style or title of incorporation, and the dividends and interest thereof, and all bonuses and accretions thereunto, which shall belong to the body corporate of such borough, without being subject to any trust for charitable purposes, may be transferred by and paid to such person or persons as the council of the said body corporate shall appoint by an instrument in writing under the corporate seal of the borough; provided that such instrument of appointment shall be signed and sealed also by the clerk to the charitable trustees of the borough, who is hereby directed, upon request, to sign and seal the same. XLVI. And be it enacted, that any stocks, funds. Manner of securities, and monies standing as aforesaid {a) in the eharitabfrpro- name of any such body corporate, which shall belong perty standing . , , .. , , 1 11 ° in the Bank to the charitable trustees of the borough solely upon books, &c. some charitable trust or trusts, may be transferred by and paid to such person or persons as shall be appointed under the hands and seals of the greater part of the trustees, which appointment shall be attested under the hand and seal of the said clerk, provided that such instrument as last aforesaid shall be also sealed with the (a) See preceding section. 303 CHARITABLE TRUSTS. [7 Will. 4 & 1 Vict. corporate seal of the borough, and the mayor of the borough is hereby required, upon request, to cause the seal of the borough to be affixed to such instrument of nomination. How dividends XL VII. And be it enacted, that the dividends and of charitable • . . j. ^ t r 3 -j.- j and corporate mterest of any stocks, funds, securities, and monies property stand- standing as aforesaid in the name of any such body ing in the Bank ° . , books, &C. shall Corporate which shall belong partly to the said body be paid. corporate, but subject to some charitable trust or trusts, may be paid to such person or persons as shall be authorized to have the same paid to him or them, by an instrument in -writing under the corporate seal of the borough, and appointed under the hands and seals of the greater part of the trustees, which appointment shall be attested under the hand and seal of the said clerk. Beceipts for monies and application thereof. XLVIII. And be it enacted, that in every case the receipt of the person or persons authorized to give a receipt to the said company or society, by any instrument under the corporate seal of the said borough, and also signed and sealed by the clerk to the charitable trustees, shall be an effectual discharge to the said company or society, and all monies so paid shall be applied to the uses and in the manner provided by the said Act ; that is to say, so much of the said monies as may be held on cha- ritable trusts, shall be paid over to the charitable trustees of the said borough, and so much as the said body cor- porate shall be entitled to beneficially shall be paid over to the treasurer of the borough, and applied as directed by the said Act as part of the borough fund; but no such public company or society as aforesaid shall be bound to see to the due application thereof, or to the validity of the appointment of the clerk to the charitable trustees or to the execution of any such instrument by any of the said trustees, or to inquire whether or not the said stocks, funds, securities or monies are charged with or held upon any charitable trust ; and every person autho- C. 78.] GEAMMAB SCHOOLS. 203 rized to receive any monies under this Act shall account to the council and to the charitable trustees respectively for all monies so received by him, and the council and trustees respectively shall have the same remedies against any such person refusing or wilfully neglecting so to account as are provided by the said Act for regulating corporations, in the case of a treasurer or other officer appointed by the council, refusing or wilfully neglecting to account, as provided by the said Act, during the continuance of his offi^p, or within three months after the expiration of his office. 3 & 4 VICT. Cap. 77. An Act for improving the Condition and extending the Benefits of Grammar Schools. PthAugmt, 1840.] Whereas there are in England and Wales many endowed schools, both of royal and private foundation, for the education of boys or youth wholly or principally in grammar; and the term "Grammar" has been construed by courts of equity as having reference only to the dead languages, that is to say, Greek and Latin : and whereas such education, at the period when such schools or the greater part were founded, was supposed not only to be sufficient to qualify boys or youth for admission to the universities, with a view to the learned professions, but also necessary for preparing them for the superior trades and mercantile business : and whereas from the change of times and other causes such education, without instruction in other branches of literature and science, is now of less value to those who are entitled to avail them- selves of such charitable foundations, whereby such schools have, in many instances, ceased to afford a substantial fulfilment of the intentions of the founders ; and the system of education in such grammar schools 204 GHAEITABLE TKUSTS. [3 & 4 Vict. ought therefore to be extended and rendered more generally beneficial, in order to aiford such fulfilment; but the patrons, visitors, and governors thereof are generally unable of their own authority to establish any other system of education than is expressly provided for by the foundation, and Her Majesty's courts of law and equity are frequently unable to give adequate relief, and in no case but at considerable expence : and whereas^ in consequence of changes which have taken place in the population of particular districts it is necessary, for the purpose aforesaid, that in some cases the advantages of such grammar schools should be extended to boys other than those to whom by the terms of the foundation or the existing statutes the same is now-limited, and that in other cases some restriction should be imposed, either with reference to the total number to be admitted into the school, or as regards their proficiency at the time when they may demand admission; but in this respect also the said patrons, visitors, and governors, and the courts of equity, are frequently without sufficient autho- rity to make such extension or restriction : and whereas it is expedient that in certain cases grammar schools in the same place should be united : and whereas no remedy can be applied in the premises without the aid of parlia- ment: 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 Courts of the authority of the same, that whenever, after the powered, when- passing of this Act, any question may come under con- "Imes Se°" ^^^®^**^°'^ in any of Her Majesty's courts of equity them, to make concerning the system of education thereafter to be derrexteldiDg established in any grammar school, or the right of ad- the system of mission into the same, whether such question be alrendy tbl%htoi' pending, or whether the same shall arise upon any ^'"^ool'an°d '■'^^°^™^*^°"' Petition, or other proceedings which may be to establish now or at any time hereafter filed or instituted, for what- Bchemesforthe g^gj. g^use the same may have been or may be instituted. C. 77.] GRAMMAR SCHOOLS. 305 according to the ordinary course of proceedings in courts application of of equity or under tlie provisions of this Act, it shall be ha^ngXe re- lawful for the court to make such decrees or orders as sard to the in- to the said court shall seem expedient, as well for founder. " extending the system of education to other useful branches of literature and science in addition to or (subject to the provisions herein-after contained) in lieu of the Greek and Latin languages, or such other instruction as may be required by the terms of the foundation or the then existing statutes, as also for ex- tending or restricting the freedom or the right of admission to such school, by determining the number or the qualifications of boys who may thereafter be admis- sible thereto, as free scholars or otherwise, and for settling the terms of admission to and continuance in the same, and to establish such schemes for the application of the revenues of any such schools as may in the opinion of the court be conducive to the rendering or maintaining such schools in the greatest degree efficient and useful, with due regard to the intentions of the respective founders and benefactors, and to declare at what period and upon what event such decrees or orders, or any directions contained therein, shall be brought into operation, and that such decrees and orders shall have force and effect notwithstanding any provisions contained in the instruments of foundation, endowment, or bene- faction, or in the then existing statutes : provided always, that in case there shall be any special visitor appointed by the founder, or other competent authority, oppor- tunity shall be given to such visitor to be heard on the matters in question, in such manner as the court shall think proper, previously to the making such decrees or orders. II. Provided always, and be it enacted, that in making Before making any such decree or order the court shall consider and Jherotrt^shall have regard to the intentions of the founders and consider the benefactors of every such grammar school, the nature the foimdera, 206 CHARITABLE TEUSTS. [3 & 4 Vict. the state of school, &c. and extent of the foundation and endowment, the rights of parties interested therein, the statutes hy which the same has been hitherto governed, the character of the instruction theretofore afforded therein, and the existing state and condition of the said school, and also the condition, rank, and number of the children entitled to and capable of enjoying the privilege of the said school, and of those who may become so capable if any extended or different system of education, or any extension of the right of admission to the said school, or any new statutes, shall be established. Court not to dispense vith the principal objects, or the qualifications required, un- less revenues are insufficient. III. Provided also, and be it enacted, that, unless it shall be found necessary from the insufficiency of the revenues of any grammar school, nothing in this Act contained shall be construed as authorizing the court to dispense with the teaching of Latin and Greek, or either of such languages, now required to be taught, or to treat such instruction otherwise than as the principal object of the foundation; nor to dispense with any statute or provision now existing, so far as relates to the qualifi- cation of any schoolmaster or under, master. standard of admission not to be lowered where Crreek and Latin is retained. IV. Provided also, and be it enacted, that in extending, as herein-before provided, the system of education or the right of admission into any grammar school in which the teaching of Greek or Latin shall be still retained, the court shall not allow of the admission of children of an earlier age or of less proficiency than may be required by the foundation or existing statutes, or may be necessary to show that the children are of capacity to profit by the kind of education designed by the founder. Where the V. Provided also, and be it enacted, that whenever, on Greek°fnd^ account of the insufficiency of the revenues of any Latin is dis- grammar school, the court shall think fit to dispense analotolst'- "^^^^ ^'^^ teaching of Greek or Latin, the court shall struction to be prescribe such a course of instruction, and shall require substituted, &c. ^ C. 77.] GRAMMAR SCHOOLS. 207 such qualifications in the children at the period of their admission, as will tend to maintain the character of the school as nearly as, with reference to the amount of the revenues, it may he analogous to that which was con- templated hy the founder; and that whenever, on the like account, the court shall think fit to dispense with any statute or provision as far as relates to the qualifi- cation of any schoolmaster or under master, the court shall substitute such qualification as will provide for every object implied in the original qualification, which may be capable of being retained notwithstanding such insufficiency of the revenues. VI. Provided also, and be it enacted, that in case the Qualifications appointment of any additional schoolmaster or under masters and master shall be found necessary for the purpose of"^'^*°**P' carrying the objects of this Act into execution, the court regulated, shall require the same qualification in such new school- master or under master respectively as may be required by the existing statutes in the present schoolmaster or under master, except such as may be wholly referable to their capability of giving instruction in any particular branch of education; but that every other qualification implied in the qualification of the. original schoolmaster or under master, and capable of being retained, shall be retained and required in such new schoolmaster or under master; and the court shall also in such case declare in whom the appointment of such new school- master or under master shall be vested, so as to preserve as far as may be the existing rights of all parties with regard to patronage. VII. Provided also, and be it enacted, that although Schools to be under the provisions herein-before contained the teaching f^hwS^tliougli of Greek or Latin in any grammar school may be dis- ?''5®'S^'^ pensed with, every such school, and the masters thereof, with, and mas- shall be stiU considered as grammar schools and ^^'^^ ™j^|,«^y*° grammar schoolmasters, and shall continue subject to the 208 CHARITABLE TRUSTS. [3 & 4 Vict. jurisdiction of the ordinary as heretofore; and that no person shall be authorized to exercise the office of schoolmaster or under master therein without having such licence, or without having made such oath, decla- ration, or subscription as may be required by law of the schoolmasters or ixnder masters respectively of other grammar schools. Extension of . VIII. Provided also, and be it enacted, that whenever Son not to we- ^^^ court shall think fit to extend the freedom of or the judice existing right of admission into any grammar school, such ex- tension shall be so qualified by the court that none of the boys who are by the foundation or existing statutes entitled to such privilege shall be excluded, by the ad- mission of other boys into the said school, either from such school itself or from competition for any exhibition or other advantage connected therewith. Where several IX. And be it enacted, that in case there shall be in schools are in j^jj_. gjj._^ town, or place any grammar school or grammar the revenues of schools, the revenues of which shall of themselves be in- ficwnrthey " Sufficient to admit of the purposes of their founder or may be united, founders being effected, but which revenues if joined to the revenues of any other grammar school or grammar schools in the same city, town, or place would affi)rd the means of effecting the purposes of the founders of such several schools, it shall be lawful for the court of chancery to direct such schools to be united, and the revenues of the schools so united to be applied to the support of one school to be formed by such union, and which, shall be carried on according to a scheme to be settled for that purpose under the direction of the said Consents court : provided always, that before application shall be union!^"^^ *° made to the court to direct such union the consent of the visitor, patron, and governors of every school to be effected thereby shall be first obtained. Present school- X. Provided always, and be it enacted, That no new C. 77.] GRAMMAR SCHOOLS. 209 statutes affecting the duties or emoluments of any school- masters not to master or under master shall he hrought into operation tut^^to be ^t as regards any such master who shall have heen appointed liberty to resign previously to the passing of this Act without his consent peoBions. in writing-; but that in case any such schoolmaster or under master as last aforesaid shall be unwilling to give such consent as aforesaid, and shaU. be desirous or willing to resign his ofl&ce on receiving a retiring pension, it shall be lawful for the governors, if there be any competent to act, or if there be no such governors, for the visitor, to assign to such master such pension as to them or him (as the case may be) shall seem reasonable from the time of his resignation, which pension, if approved as herein-after mentioned, the trustees of the said school are hereby authorized and required to pay to him, or his order, according to the terms of such assignment. XI. And be it enacted, that any schoolmaster appointed How new ap- in any grammar school after the passing of this Act shall ^"'"t^^^t"*!,"/ receive his appointment subject to such 'new statutes as made, may be made and confirmed by the Court of Chancery, in pursuance of any proceedings which may be commenced under this Act, within six months after such vacancy shall have occurred. XII. Provided always, and be it enacted, that the term lapse of right on the expiration of which any right of nomination or "^ ^^^."f ^™ j appointment of the master in any grammar school would take place from otherwise lapse shall, on the first avoidance of the office tlJ^g tte^ng^ which shall occur after the passing of this Act, be statutes. computed from the time of the confirmation of the new statutes by which the school is to be in future governed, or if no proceedings are pending for the purpose of having statutes estabhshed from the expiration of the time within which such proceedings may be instituted, and not from the time of the avoidance. XIII. And whereas it is expedient that the discipline where suffi- p 310 CHARITABLE TRUSTS. [3 & 4 Vict. cient powers of of grammar schools should be more fully enforced ; be it the peraonT'^ ' declared and enacted, that in all cases in which sufficient possessing to powers, to be exercised by way of visitation or otherwise beatUberty f ' ,,,..,. .'^ , , , i i, i j to exercise m respect 01 the discipline oi such schools, shall already *''^™- exist and be vested in any person or persons, it shall be lawful for such person or persons to exercise the same when and so often as they shall deem fit, either by them- selves personally or by commission, without being first requested or required so to do, and likewise to direct such returns to be made by the masters of such schools, of the state thereof, of the books used therein, and of such other particulars as he or they may think proper, and also to order such examinations to be held into the proficiency of the scholars attending the same as to him or them may seem expedient. Where such XIV. And be it enacted, that in all cases in which any ficilnr court P^^^Son or persons, having authority, by way of visitation may enlarge or otherwise, in respect of the discipline of any grammar school, may not have sufficient power properly to enforce the same, it shall be lawful for the Court of Chancery to order and direct that the powers of such person or persons shall be enlarged to such extent and in such manner, and subject to such provisions, as to the said court shall seem fit. Where no such XV. And be it enacted, that in all cases in which no powers, court authority to be exercised by way of visitation -in respect may create ... •> j r them. of the discipline of any grammar school is now vested in any known person or persons, it shall be lawful for the bishop of the diocese wherein the same is locally situated to apply to the Court of Chancery, stating the same ; and the said court shall have power if it so think fit to order that the said bishop shall be at liberty to visit and regulate the said school in respect of the discipline thereof, but not further or otherwise. Court of Chan- XVI. And be it enacted, that in event of the person C. 77.] GRAMMAR SCHOOLS. 311 or persons by whom powers of visitation in respect of the oery may sub- discipline of any grammar school ought to be exercised eon"to a*t'p»-o refusing or neglecting so to do within a reasonable time Ado vice in after the same ought to be exercised, or in the event of its being uncertain in whom the right to exercise such powers is vested, such powers shall be exercised pro hdc vice by some person specially appointed by the authority of the Court of Chancery, on application made by any person or persons interested in such grammar school: provided always, that* nothing herein contained shall Proviao. exempt any visitor from being compelled by any process to which he is now amenable to perform any Act which he is now compellable to perform. XVII. And whereas it is expedient to provide for the Court of Chan- more easy removal of unfit and improper masters ; be it poweAo ap^- declared and enacted, that it shall be lawful for the Court p"'"* ""^^ . . „, . ,, , ■ . of removing of Chancery to empower the person or persons having masters, powers of visitation in respect of the discipline of any grammar school, or who shall be specially appointed to exercise the same under this Act, and the governors, or either of them, after such inquiries and by such mode of proceeding as the court shall direct, to remove any master of any grammar school who has been negligent in the discharge of liis duties, or who is unfit or incompetent to discharge them properly and efficiently, either from immoral conduct, incapacity, age, or from any other infirmity or cause whatsoever. XVIII. Provided always,- and be it enacted, that in Power in cer- ,t p 1-1 i_ 1 -11111 tain cases to case the cause for which any master be removed shall be assign retiring incompetency from age or other infirmity, it shall be pension. lawful for the said governors, with the approbation of the visitor, to assign to the use of such master any portion of the annual revenues of the said grammar school in one or more donations, or by way of annuity determinable on the death of such master, or on any other specified event during his life, or to assign to him any pai't of the estate p2 212 CHARITABLE TRUSTS. [3 & 4 Vict. of the said grammar school for his occupation for a term determinable in like manner; provided that there shall remain sufficient means to provide for the efficient per- formance of the duties which belong to the office from which such master shall be removed. Premises held XIX. And for the more speedy and effectual recovery over by masters » ,i • n • i_ i • x dismissed or °^ ^^ possession ot any premises belonging to any ceasing to hold grammar school which the master who shall have been coTer'edina dismissed as aforesaid, or any person who shall have summary way. ceased to be master, shall hold over after his dismissal or ceasing to be master, except under such assignment as may have been made under the provisions of this Act, the term of such assignment being still unexpired, and the premises assigned being, in the actual occupation of the master so dismissed or ceased to be master, be it enacted, that when and as often as any master holding any schoolroom, schoolhouse, or any other house, land, or tenement, by virtue of his office, or as tenant or other- wise under the trustees of the said grammar school, except on lease for a term of years still unexpired, shall have been dismissed as aforesaid, or shall have ceased to be master, and such master, or (if he shall not actually occupy the premises or shall only occupy a part thereof) any person by whom the same or any part thereof shall be then actually occupied, shall neglect or refuse to quit and deliver up possession of the premises, or of such part thereof respectively, except such as are herein-before excepted, within the space of three months after such dismissal or ceasing to be master, it shall be lawful for justices of the peace acting for the district or division in which such premises or any part thereof are situated, in petty sessions assembled, or any two of them, and they are hereby required, on the complaint of the said trustees or their agents, and on the production of an order of the Court of Chancery declaring such master to have been duly dismissed or to have ceased to be master, to issue a warrant, under their hands and seals, to the constables C- 77.] GRAMMAB SCHOOLS. 213 and peace oflScers of the said district or division, com- manding them, within a period to be therein named, not less than ten nor more than twenty-one clear days from the date of such warrant, to enter into the premises, and give possession of the same to the said trustees or their agents, in such manner as any justices of the peace are empowered to give possession of any premises to any landlord or his agent under an Act passed in the Session of Parliament held in the first and second years of the reign of Her present. Majesty, intituled " An Act to l & 2 Viet. facilitate the recovery of possession of tenements after "" ' ^"^ due determination of the tenancy." XX. Provided always, and be it enacted, that nothing Master shall in this Act or the said recited Act shall extend or be tHief&^.^ construed to extend to enable any master so dismissed, or ceasing to be master as aforesaid, to call in question the validity of such dismissal, provided that the same shall have proceeded from the persons authorized to order the same, after such inquiries and by such mode of proceeding as required in that behalf, or to call in question the title of the trustees to possession of any pre- mises of which such master shall have become possessed by virtue of his late office, or as tenant or otherwise under the trustees of the said grammar school for the time being. XXI. And whereas it is expedient to facilitate applica- Applications tions to the Court of Chancery under this Act ; be it ^^ made by enacted, that all applications may be heard and deter- petition. mined and all powers given by this Act to the Court of Chancery may be ex.ercised in cases brought before such court by petition only, such petitions to be presented. Such petitions heard, and determined according to the provisions of an undersl'GeVs Act passed in the fifty-second year of the reign of His "• i^i- late Majesty King George the Third, intituled " An Act (a) See this Aet' post, p. 261. caster shall act. 214 CHARITABLE TRUSTS. [3 & 4 Vict. to provide a summary remedy in cases of abuses of trusts created for charitable purposes." If Crown is XXII. And be it enacted, that in every case in which High Chancel- the patronage of any grammar school, or right of appoint- lor or Chan- ing the Schoolmaster or under master thereof, is vested in cellor of the ° Duchy of Lan- the crown, the Lord High Chancellor, or the Chancellor of the Duchy of Lancaster in respect of any grammar school within the County Palatine of Lancaster, shall be considered as the patron of such grammar school for the purposes of this Act. Powers of Lord XXIII. And be it enacted, that the powers and be exercised by authorities herein-before given to the Lord High Chan- Lord Keeper, cellor shall and may be exercised in like manner by and are hereby given to the Lord Keeper or Lords Commis- sioners for the custody of the great seal respectively for the time being. Saving of rights XXIV. Provided always, and be it enacted, that neither this Act nor anything therein contained shall be any way prejudicial or hurtful to the jurisdiction or power of the ordinary, but that he may lawfully execute and perform the same as heretofore he might according to the statutes, common law, and canons of this realm, and also as far as he may be further empowered by this Act ; and that this Certain founda- Act shall not be construed as extending to any of the from thS^Act. following institutions ; (that is to say), to the Universities of Oxford or Cambridge, or to any college or haU within the same, or to the University of London, or any colleges connected therewith, or to the University of Durham, or to the colleges of Saint David's, or Saint Bee's, or the grammar schools of Westminster, Eton, Winchester, Harrow, Charter House, Rugby, Merchant Taylors', Saint Paul's, Christ's Hospital, Birmingham, Manchester, or Macclesfield, or Louth, or such schools as form part of any cathedral or collegiate church. C. 77.] GEAMMAB SCHOOLS. 215 XXV. And be it enacted, that in the construction and Construction for the purposes of this Act, unless there be something in "f*^™'- the subject or context repugnant to such construction, the word " grammar school " shall mean and include all en- dowed schools, whether of royal or other foundation, founded, endowed, or maintained for the purpose of teaching Latin and Greek, or either of such languages, whether in the instrument of foundation or endowment, or in the statutes or decree of any court of record, or in any Act of parliament establishing such school, or in any other evidences or documents, such instruction shall be expressly described, or shall be described by the word " grammar," or any other form of expression which is or may be construed as intending Greek or Latin, and whether by such evidences or documents as aforesaid, or in practice, such instruction be limited exclusively to Greek or Latin, or extended to both such languages, or to any other branch or branches of literature or science in addition to them or either of them; and that the words " grammar school " shall not include schools not en- dowed, but shall mean and include all endowed schools which may be grammar schools by reputation, and all other charitable institutions and trusts, so far as the same may be for the purpose of providing such instruction as aforesaid; that the word "visitor'' shall mean and include any person or persons in whom shall be vested solely or jointly the whole or such portion of the visitatorial power as regards the subject of the enactment or provision, or any powers in regard to the discipline or making of new statutes in any school ; that the word " governors " shall mean and include all persons or corporations, whether sole or aggregate, by whatever name they may be styled, who may respectively have the government, management, or conduct of any grammar school, whether they have also any control over the revenues of the school as trustees or not ; that the word " trustees " shall mean and include all persons and corporations, sole or aggre- gate, by whatever name they may be styled, who shall 216 CHARITABLE TRUSTS. [3 & 4 Vict. C. 77. Lave the management, disposal, and control over the revenues of any grammar school, whether the property be actually vested in them or not ; that the word " statutes " shall mean and include all written rules and regulations by which the school, schoolmasters, or scholars are, shall, or ought to be governed, whether such rules or regulations are comprised in, incorporated with, or authorized by any royal or other charter, or other instrument of foundation, endowment, or benefaction, or declared or confirmed by Act of parliament, or by decree of any court of record, and also all rules and regulations which shall be un- written, and established only by usage or reputation ; that the word " schoolmaster " shall mean and include the head master only, and the word " under master " every master, usher, or assistant in any school except tlie head master ; and that the word " master " shall mean and include as well any head master as under master; that the words " discipline " or " management " of a school shall mean and include all matters respecting the conduct of the masters or scholars, the method and times of teaching, the examination into the proficiency of the scholars of any school, and the ordering of returns or reports with reference to such particulars, or any of them; and that any word importing the singular number only shall mean and include several persons or things as well as one person or thing, and the converse. Act may be XXVI. And be it enacted, that this Act may be amen e is g^jjjgjjjjg^ qj. repealed by any Act to be passed in this aeesion. present session of parliament. ENDOWED SCHOOLS ACT, 1860. 217 23 VICT. Cap. 11. An Act to amend the Law relating to Endowed Schools. [3l8« Mm-ck, I860.] Whereas it is expedient that some restrictions upon the government and teaching of certain endowed schools should he removed or modified : he 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 : — I. It shall be lawful for the trustees or governors of Power to trus- every endowed school from time to time to make, and schools to make they shall be bound to make, such orders as, whilst they orders for the shall not interfere with the religious teaching of the other children of de- scholars as now fixed by statute or other legal require- nominations , . ... , ■ 1 nerein stated, ment, and shall not authorize any religious teaching other than that previously afforded in the school, shall never- theless provide for admitting 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: pro- vided 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 in- structed according to the doctiines or formularies of such church, sect, or denomination. II. This Act shall not apply to any of the institutions Act not to ap- mentioned in section twenty-four (a) of the Act of the f^^titutio^ 'or (a) 3 & 4 Vict. c. 77, sec. 24, not to extend to Universities of Oxford or Ireland. Cambridge, or any college or hall within the same, the university of London 218 CHAKITABLE TKOSTS. [4 & 5 Vict. third and fourth of Victoria, chapter seventy-seven, intituled "An Act for improving the Condition and ex- tending the Benefits of Grammar Schools," nor to any school established . or to be established by or in union with or to be in union witli the " National Society for pro- moting the Education of the Poor in the principles of the Established Church," nor to any institution maintained wholly by voluntary subscriptions, or partly by voluntary subscriptions and partly by school payments, nor to Scotland or Ireland. Short title. III. This act may be cited as " The Endowed Schools Act, 1860." 4 & 5 VICT. Cap. 38. An Act to afford further facilities for the Conveyance and Endowment of Sites for Schools. [ilst June, 1841.] Wheeeas it is expedient that greater facilities should be given for the erection of schools and buildings for the pur- poses of education : may it therefore please your Majesty that it may be enacted ; and be it enacted by the Queen's most excellent Majesty, by and with the advice and con- sent of the Lords spiritual and temporal, and Commons, in this present parliament assembled, and by the authority E«pealof 6&7 of the same, that from and after the passing of this Act Will. 4 c. 70- . . . . but things done ^^ -A-Ct passed in the session held in the sixth and seventh thereof Te""^ years of the reign of His late Majesty King WilUam the ciared valid, Fourth, intituled " An Act to facilitate the conveyance of metcXo bT' Sit^s for Schoolrooms," shall be and the same is hereby continued ac- repealed; provided that all matters and things done in cording to this or any colleges connected therewith, the university of Durham, the colleges of Saint David's or Saint Bee's, the grammar schools of Westminster, Eton, Win- chester, Harrow, Charter House, Eugby, Merchant Taylors', Saint Panl!s, Christ's Hospital, Birmingham, Manchester, Macclesfield, or Louth, or such schools as form part of any cathedral or coUegiate church. Act. C. 38.] SCHOOL SITES. 219 pursuance of the said Act shall be and remain valid as though the said Act was not repealed; and all matters and things commenced in pursuance of the said Act shall be continued according to the provisions of this Act, if the same shall be applicable, otherwise shall be continued conformably to the said recited Act, which shall be deemed to be still in force with regard to such proceedings. II. And be it enacted, that any person being seised in Landlords em- fee simple, fee taU, or for life, of and in any manor or ^ejiandto" be" lands of freehold, copyhold, or customary tenure, and "sed as sites having the beneficial interest therein, or in Scotland ' being the proprietor in fee simple or under entail, and in possession for the time being, may grant, convey, or enfranchise by way of gift, sale, or exchange, in fee simple or for a term of years, any quantity not exceeding one acre of such land, as a site for a school for the educa- tion of poor persons, or for the residence of the school- master or schoolmistress, or otherwise for the purposes of the education of such poor persons in religious and useful knowledge ; provided that no such grant made by any person seised only for life of and in any such manor or lands shall be valid, unless the person next entitled to the same in remainder, in fee simple or fee tail, (if legally competent,) shall be a party to and join in such grant : provided also, that where any portion of waste or com- monable land shall be gratuitously conveyed by any lord or lady of a manor for any such purposes as aforesaid, the rights and interests of aU persons in the said land shall be barred and divested by such conveyance : provided also, that upon the said land so granted as aforesaid, or any part thereof, ceasing to be used for the purposes in this Act mentioned, the same shall thereupon immediately revert to and become a portion of the said estate held in fee simple or otherwise, or of any manor or land as afore- said, as fully to all intents and purposes as if this Act had not been passed, anything herein contained to the con- trary notwithstanding. 220 CHAEITABLK TBUSTS. [4 & 5 Vict. Chancellor and III. And whereas it may be expedient and proper that Duchfof L^^n- ^^^ chancellor and council of Her Majesty's duchy of caster empow- Lancaster, on Her Majesty's behalf, should, be authorized lands to the to grant, convey, or enfranchise, to or in favour of the trustees of any trustee or trustees of any existing or intended school, existing orin- j a . tended school, lands and hereditaments belonging to Her Majesty m right of her said duchy, for the purposes of this Act : be it therefore enacted, that it shall and may be lawful for the chancellor and council of Her Majesty's duchy of Lancaster for the time being, by any deed or writing under the hand and seal of the chancellor of the said duchy for the time being, attested by the clerk of the council of the said duchy for the time being, for and in the name of Her Majesty, her heirs and successors, to grant, convey, or enfranchise, to or in favour of such trustee or trusjiees, any lands and hereditaments to be used by them for the purposes of this Act, upon such terms and conditions as to the said chancellor and council shall seem meet ; and where any sum or sums of money shall be paid as or for the purchase or consideration for such lands or heredita- ments so to be granted, conveyed, or enfranchised as aforesaid, the same shall be paid by such trustee or trustees into the hands of the receiver-general for the time being of the said duchy, or his deputy, and shall be by him paid, applied, and disposed of according to the provisions and regulations contained in an Act passed in the forty-eighth year of the reign of His late Majesty King 48 Geo. 3, c. 73. George the Third, intituled " An Act to improve the Land Kevenue of the Crown in England, and also of His Majesty's Duchy of Lancaster," or any other Act or Acts If lands cease now in force for that purpose : provided always, that upon the purposes of ^^^ ^^^^ l^^*^ SO granted as aforesaid, or any part thereof, the Act they ceasing to be used for the purposes in this Act mentioned, the same shall thereupon immediately revert to and be- come again a portion of the possessions of the said duchy, as fully to all intents and purposes as if this Act or any such grant as aforesaid had not been passed or made, any- thing herein contained to the contrary notwithstanding. «• 38.] SCHOOL SITES. 221 IV. And be it enacted, that for the purposes of this Officers of Act only, and for such time only as the same shall be co™u^em- used for the purposes of this Act, it shall be lawful for powered, upon any two of the principal officers of the duchy of Corn- thoiity%o'^" wall, under the authority of a warrant issued for that s?^™* •a^'^s to , the trustees of purpose under the hands of any three or more of the any existing special commissioners for the time being for managing "jjo"'™'^'*'* the affairs of the duchy of Cornwall, or under the hands of any three or more of the persons who may hereafter for the time being have^ the immediate management of the said duchy, if the said duchy shall be then vested in the Crown, or if the said duchy shall then be vested in a Duke of Cornwall then under the hand of the chancellor for the time being of the said duchy, or undw the hands of any three or more of the persons for the time being having the immediate management of the said duchy, by deed under their hands, to grant and convey to the trustees or trustee for the time being of any existing school, or of any school intended to be esta- blished by virtue of this Act, any lands, tenements, or hereditaments forming part of the possessions of the said duchy of Cornwall, not exceeding in the whole one acre in any one parish, upon such terms and conditions as to the said special commissioners or chancellor, or such other persons as aforesaid, shall seem meet : provi- If lands cease ded always, that upon the said land so granted as afore- ^^^ p "rposerof said, or any part thereof, ceasing to be used for the the Act they purposes in this Act mentioned, the same shall thereupon immediately revert to and become again a portion of the possessions of the said duchy, as fully to all intents and pui'poses as if this Act or any such grant as aforesaid hath not been passed or made, anything herein contained to the contrary notwithstanding. V. And be it enacted, that where any person shall be Persons under equitably entitled to any manor or land, but the legal powered^to''™ estate therein shall be in some trustee or trustees, it shall oonTcy lands be sufficient for such person to convey the same for the poses of this Act. 222 CHAEITABLE TRUSTS. [4 & 6 Vict. purposes of this Act without the trustee or trustees being party to the conveyance thereof; and where any married woman shall be seised or possessed of or entitled to any estate or interest, manorial or otherwise, in land propo- sed to be conveyed for the purposes of this Act, she and her husband may convey the same for such purposes by deed, without any acknowledgment thereof; and where it is deemed expedient to purchase any land for the pur- poses aforesaid belonging to or vested in any infant or lunatic, such land may be conveyed by the guardian or committee of such infant, or the committee of such lunatic respectively, who may receive the purchase money for the same, and give valid and suf&cient dis- charges to the party paying such purchase money, who shall not be required to see to the application thereof OorporatiooB, justices, trus- tees, &c. em- powered to convey lands for the pur- poses of this Act. 5 & 6 WiU. 4, .;. 69. VI. And be it enacted, that it shall be lawful for any corporation, ecclesiastical or lay, whether sole or aggre- gate, and for any officers, justices of the peace, trustees or commissioners, holding land for public, ecclesiastical, parochial, charitable, or other purposes or objects, subject to the provisions next herein-after mentioned, to grant, convey, or enfranchise, for the purposes of this Act, such quantity of land as aforesaid in any manner vested in such corporation, officers, justices, trustees, or commis- sioners : provided always, that no ecclesiastical corpora- tion sole, being below the dignity of a bishop, shall be authorized to make such grant without the consent in writing of the bishop of the diocese to whose jurisdiction the said ecclesiastical corporation is subject : provided also, that no parochial property shall be granted for such purposes without the consent of a majority of the rate- payers and owners of property in the parish to which the same belongs, assembled at a meeting to be convened according to the mode pointed out in the Act passed in the sixth year of the reign of His late Majesty, intituled " An Act to facilitate the Conveyance of Workhouses and other property of Parishes and of Incorporations or Unions of C. 38.] SCHOOL SITES. 323 Parishes in England and Wales," and without the consent of the poor law commissioners, to be testified by their seal being affixed to the deed of conveyance, and of the guardians of the poor of the union within which the said parish may be comprised, or of the guardians of the poor of the said parish where the administration of the relief of the poor therein shall be subject to a board of guard- ians, testified by such guardians being the parties to convey the same ; provided also, that where any officers, trustees, or commissioners, other than parochial trustees, shall make any such grant, it shall be sufficient if a majority or quorum authorized to act of such officers, trustees, or commissioners, assembled at a meeting duly convened, shall assent to such grant, and shall execute the deed ■ of conveyance, although they shall not constitute a majority of the actual body of such officersf trustees, or commissioners : provided also, that the justices of the peace may give their consent to the making any grant of land or premises belonging to any county, riding, or division by vote at their general quarter sessions, and may direct the same to be made in the manner directed to be pursued on the sale of the sites of gaols by an Act passed in the seventh year of the reign of His late Majesty Eng George the Fourth, intituled "An Act to 7Geo. 4, o. 18. authorize the Disposal of unnecessary Prisons in England. VII. And be it enacted, that all grants of land or Grants of land buildings, or any interest therein, for the purposes of the ^rporati*ns^° education of poor persons, whether taking eifect under trustees, to be the authority of this Act or any other authority of law, for school pur- may be made to any corporation sole or aggregate, or to P"^^^- several corporations sole, or to any trustees whatsoever, to be held by such corporation or corporations or trustees for the purposes aforesaid : provided nevertheless, that any such grant may be made to the minister of any parish being a corporation, and the churchwardens or chapel wardens and overseers (a) of the poor, or to the (o) Overseers may be omitted, see 7 & 8 Vict. c. 37, sec. i, p. 236. 224: CHAEITABLE TRUSTS. [4 & 5 Vict. minister and kirk session of the said parish, and their successors ; and in such case the land or buildings so granted shall be vested for ever thereafter in the minister, churchwardens, or chapelwardens, and overseers of the poor, for the time being, or the minister and kirk session of such parish, but the management, direction, and in- spection of the school shall be and remain according to the provisions contained in the deed of conveyance thereof: provided also, that where any ecclesiastical cor- poration sole below the dignity of a bishop shall grant any land to trustees, other than the minister, church- wardens or chapelwardens, and overseers, for the pur- poses aforesaid, such trustees shall be nominated in writing by the bishop of the diocese to whose jurisdic- tion such corporation shall be subject ; provided that where any school shall be intended for any ecclesiastical district, not being a parish as herein-after defined, it shall be sufficient if the grant be made to the minister and church or chapel warden or wardens of the church or chapel of such district, to hold to them and their successors in office ; and such grant shall enure to vest the land, subject to the conditions contained in the deed of con- veyance, in such minister and the church or chapel warden or wardens for the time being. Estates now VIII. And whereas schools for the education of the tees^for the"'' P°''^ ™ *^® principles of the Established Church, or in purposes of religious and useful knowledge, and residences for the be conveyed to masters' or mistresses of such schools, have been hereto - themmiBter f^j-g greeted, and are vested in trustees not having a and church- _ ° wardens (i). corporate character : be it therefore enacted, that it shall be lawful for the trustees for the time being of such last- mentioned schools and residences, not being subject to the provisions of the Act passed in the last session of parliament, intituled " An Act for improving the Condi- tions and extending the Benefits of Grammar Schools," to convey or assign the same, and all their estate and (6) And overseers. C. 38.] SCHOOL SITES. 225 interest therein, to such ministers and churchwardens and overseers of the poor of the parish within which the same ai'e respectively situate, and their successors as aforesaid, or, being situate within an ecclesiastical district not being a parish as herein-after defined, then to the minister and church or chapel wardens of the church or chapel of such district, and their successors, in whom the same shall thereafter remain vested accordingly, but subject to and under the existing trusts and provisions respectively affecting the same. IX. And be it enacted, that any person or persons or Any number corporation may grant any number of sites for distinct ^^"*^^™^^ and separate schools, and residences for the" master or for separate mistress thereof, although the aggregate quantity of land ^ "° ^' ^"^ therebj' granted by such person or persons or corporation shall exceed the extent of one acre ; provided that the site of each school and residence do not exceed that ex- tent; provided also, that not more than one such site shall be in the same parish. X. And be it enacted, that all grants, conveyanceSr and Form of assurances of any site for a school, or the residence of a schoolmaster or schoolmistress, under the provisions of this Act, in respect of any land, messuages, .or buUdings, may be made according to the form following, or as near thereto as the circumstances of the case will admit; (that is to say,) "I [or we, or the corporate title of a corporation], under the authority of an Act passed in the year of the reign of Her Majesty Queen Victoria, intituled ' An Act for affording further Facilities for the Conveyance and Endowment of Sites for Schools,' do hereby freely and voluntarily, and without any valuable consideration, [or do, in consideration of the sum of to me or us or the (c) Extended by 12 & 13 Vict. c. 49, see. 3, post, p. 238. 226 CHAEITABLE TRUSTS. [4 & 5 Vict. said paid,] grant, [alienate,] and convey to all [description of the premises], and all, [my or our or the right, title, and interest of the ] to and in the same and every part thereof, to hold unto and to the use of the. said and his or their [heirs or executors or administrators or successors] , for the purposes of the said Act, and to be applied as a site for a school for poor per- sons of and in the parish of and for the residence of the schoolmaster [or schoolmistress] of the said school [or for other purposes of the said school], and for no other pur- pose whatever ; such school to be under the management and control of [set forth the mode in which and the per- sons by whom the school is to be managed, directed, and inspected]. [In case the school be conveyed to trustees, a clause providing for the renewal of the truste.es, and in cases where the land is purchased, exchanged, or demised, usual covenants or obligations for title, may be added.] In witness whereof the conveying and other parties have hereunto set their haijds and seals, this day of . " Signed, sealed, and delivered by the said in the presence of , of • ." And no bargain and sale or livery of seisin shall be requi- site in any conveyance intended to take effect under the provisions of this Act, nor more than one witness to the execution by each party ; and instead of such attestation such conveyance of any lands or heritages in Scotland shall be executed with a testing clause, according to the law and practice of Scotland ; and, being recorded within sixty days of the date thereof in the general register of seisins or particular register for the county or stewartry in which the lands or heritages lie, shall, without actual seisin, be valid and effectual in law to all intents and pur- poses, and shall be a complete bar to all other rights, titles, trusts, interests, and incumbrances to, in, or upon the lands or heritages so conveyed. Application XI. And be it enacted, that where any land shall be of piirchase "^ C. 38.] SCHOOL SITES. ^97. sold by any ecclesiastical corporation sole for the purposes money for land of this Act, and the purchase money to be paid shall not ecotdLticai exceed the sum of twenty pounds, the same may be re- corporation tained by the party conveying, for his own benefit ; but when it shall exceed the sum of twenty pounds it shall be applied for the benefit of the said corporation, in such manner as the bishop in whose diocese such land shall be situated shall, by writing under his hand, to be registered in the registry of his diocese, direct and appoint ; but no person purchasing such land for the purpose aforesaid shall be required to see to the due application of any such purchase money. XII. And be it enacted, that the price of any lands or Application heritages to be sold for the purposes of this Act by any mimey°for* heir of entail or other incapacitated person or persons in ^^'^'^ ^"' ™*y 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 238 CHARITABLE TRUSTS. [I'i & 13 Vict. between the parties following, that is to say, the lessor or other the owner subject to such lease of the lands com- prised 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 aU under-lessees and other persons and corporations whatsoever, whether parties to the said agreement or not. liiabilitieB of tenants, and remedies of landlords, as to the lands not conveyed. II. And be it enacted, that in case of any such apportionment as aforesaid, and after the lands so con- veyed or agreed to be conveyed as aforesaid shall have been conveyed, the lessee, and all parties entitled under him to the lands comprised 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 aU 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, m 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 per- III. And whereas by the said first-recited Act power is sevemtstefor ^"'^^ *° ^^^ person or corporation to grant any number C- 49-] SCHOOL SITES. 239 of sites for distinct and separate schools; but after schools in the providing that the site of each school and residence do thrthoktx-^ not exceed one acre, it is also provided that not more t^"** ^° °o* . than one such site shall be in the same parish; andumits. doubts have been entertained as to the meaning of this 4 & 5 Vict. last-recited proviso : be it therefore declared and enacted, "' ' ^^°' ' that nothing in the said Act contained shall prevent any person or corporation from granting any number of sites for separate and distinct schools in the same parish, provided the aggregate quantity of land granted by such person in the same parish shall not exceed the extent of one acre. IV. And whereas it would be expedient that the Grants of land absolute owners of land and tenants in tail in possession g^ooig^y should have the power of granting land to a limited owners or ,,«.■! n .• •!__{} -iiji tenants in tail extent for the purpose or erectmg sites tor schools to be t„ ^^ yalid al- applied and used in and for the education and instruction though grantor „ . , , , . - 1 die within of persons intended to be masters or mistresses oi elemen- twelve months. tary schools for poor persons, without any risk of such grant being defeated by the death of the grantor : be it therefore enacted, that it shall be lawful for all persons, being such absolute owners or tenants in tail in possession as aforesaid, to grant, convey, or enfranchise, by way of gift, sale, or exchange, any quantity of land, not exceeding • in the whole five acres, to any corporation sole or aggre- gate, or to several corporations sole, or to any trustees whatsoever, to be held, applied, and used by such corpora- tion or corporations or trustees in and for the erection of school buildings and premises thereon for the purpose of educating and instructing, and of boarding during the time of such education and instruction, persons intended to be masters or mistresses of elementary schools for poor persons, and for the residence of the principal or master or mistress and other officers of such institution ; and such gift, sale, or exchange shall be and continue valid, if otherwise lawful, although the donor or grantor shall die within twelve calendar months from the execution thereof : 240 CHARITABLE TRUSTS. [13 & 13 VlQt. provided always, that it shall be lawful for the trustees of such school buildings and premises to allow the same to be applied and used, concurrently with the education and instruction of such masters or mistresses, for the purpose of boarding other persons, and of educating and instructing the said persons in religious and useful knowledge. The owners y_ A.Q(i whereas the absolute owners of land may grant, of land em- . • J o ' powered to vest subject to the regulations and provisions prescribed by UnVfTpJ^^"^*'^® statutes in such behalf, any quantity of such land to poses of these trustees, to be held upon charitable purposes; and it rations. ^^° would be beneficial that they should be authorized to exercise such power in respect of lands granted for the sites or for the endowment of the last-mentioned schools, or of schools for poor persons, by vesting the same so as to secure it permanently for the purpose of the trust, without the necessity of subsequent renewals of the deeds of trust : be it therefore enacted, that where any such person shall be lawfully entitled to convey an estate in land to trustees, to hold the same upon any charitable . use, and shall be desirous of conveying the same for the purposes of the Acts herein-before referred to, or this Act, or for the endowment of such schools, such person ■ may grant and convey the same to any corporation or corporations as aforesaid, to be held in trust for such purposes, whatever may be the quantity of land or extent of the estate so to be granted and conveyed. Mode of con- VI. And be it enacted, that where land of copyhold or lord's interest customary tenure shall, have been or shall be granted for and that of the tjje purposes of the said Acts, the conveyance of the same copjholder 'n . , iii copyhold land, by any deed wherein the copyholder shall grant and convey his interest, and the lord shall also grant his interest, shall be deemed to be valid and sufficient to vest the freehold interest in the grantee or grantees thereof without any surrender or admittance or enrolment in the lord's court. C. 49.] SCHOOL SITES. TITLES OF CONGEEGATIONS. 241 VII. And be it enacted, that, except in cases where Interpretation there shall be something in the subject or context '''''"^®' repugnant to such construction, words occurring in this Act and the above-recited Acts importing the singular number shall include the plural number, and words im- porting the plural number shall include the singular number ; and words importing the masculine gender only shall include females ; and the word " land " shall in- clude messuages, houses, lands, tenements, hereditaments, and heritages of every tenure ; and the word " lease " shall include an under-lease, agreement for a lease, and missive of lease; and the word "owner" shall include any person or corporation enabled under the provisions of the said firstly herein-before mentioned Act to convey lands for the purposes thereof. VIII. And be it enacted, that this Act may be amended Act may be or repealed by any Act to be passed in this present session ^"""' ^ ' of parliament. 13 & 14 VICT. Cap. 28. An Act to render more simple and effectual the Titles by which Congregations or Societies for Purposes^ of Religious Worship or Education in England and Ireland hold Property for such Purposes. [ISth July, I860.] Whereas it is expedient to render more simple and effectual the titles by which congregations or societies associated together for the purposes of maintaining reli- gious worship or promoting education in England, Wales, or Ireland may hold the property required for such purposes : 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 242 CHARITABLE TRUSTS. [13 & 14 Vict. Property oon- Teyed for re- ligious or eda- cational pur- poses to vest in successors without con- veyance, «. of the same, that wherever freehold, leasehold, copyhold, or customary property in England or Wales has been or hereafter shall be acquired by any congregation or society or body of persons associated for religious purposes or for the promotion of education, as a chapel, meeting-house, or other place of religious worship, or as a dwelling-house for the minister of such congregation, with offices, garden, and glebe, or land in the nature of glebe, for his use, or as a schoolhouse, with schoolmaster's house, garden, and playground, or as a college, academy, or seminary, with or without grourrds for air, exercise, or recreation, or as a hall or rooms for the meeting or transaction of the business of such congregation or society or body of persons, and wherever the conveyance, assignment, or other assurance of such property has been or may be taken to or in favour of a trustee or trustees to be from time to time appointed, or of any party or parties named in such conveyance, assignment, or, other assurance, or subject to any trust for the congregation or society or body of persons, or of the individuals composing the same, such conveyance, assignment, or other assurance shall not only vest the freehold, leasehold, copyhold, or customary property there- by conveyed or otherwise assured in the party or parties named therein, but shall also effectually vest such free- hold, leasehold, copyhold, or customary property in their successors in office for the time being, and the old continuing trustees, if any, jointly, or if there be no old continuing trustees, then in such successors for the time being wholly, chosen and appointed in the manner pro- vided or referred to in or by such conveyance, assignment, or other assurance, or in any separate deed or instrument declaring the trust thereof, or if no mode of appointment be therein set forth, prescribed, or referred to, or if the power of appointment be lapsed, then in such manner as shall be agreed upon by such congregation or society or body of persons, upon such and the like trusts, and with, under, and subject to the same powers and provisions, as are contained or referred to in such conveyance, assign- C. 28.] TITLES OF CONGEEGATIONS. ' 843 ment, or other assurance, or in any such separate deed or instrument, or upon which such property is held, ^.nd that without any transfer, assignment, conveyance, or other assurance whatsoever, anything in such conveyance, assign- ment, or other assurance, or in any such separate deed or instrument, contained to the contrary notwithstanding: provided always, that in case of any appointment of a new trustee or trustees of or the conveyance of the legal estate in any such property being made as heretofore was by law required, the same shall be as valid and effectual to all intents and purposes as if this Act had not been passed. IT. And be it enacted, that where such property shall ProTiding for be of copyhold or customary tenure, and liable to the ^g^™^"^^^^ payment of any fine, with or without a heriot, on the on death or death or alienation of the tenant or tenants thereof, it property of shall be lawful for the lord or lady of the manor of which oopjhoid or , customary such property shall be holden, on the next appomtment tenure. of a new trustee or trustees thereof, and at the expiration of every period of forty years thereafter, so long as such property shall belong to or be held in, trust for such congregation or society or body of persons or other party or parties to whom such property may have been or shall be conveyed for their beneiit, to receive and take a sum corresponding to the fine and heriot, if any, which would have been payable by law upon the death or alienation of the tenant or tenants thereof ; and such payments shall be in fuU of all fines payable to the lord or lady of the manor of which such property is holden, while the same shall remain the property or be held in trust for such congregation or society or body of persons ; and the lord or lady of such manor shall have all such powers for the recovery of such sums as such lord or lady could have had in the event of the tenant or tenants of such property having died or having alienated the same. III. And be it enacted, that for the purpose of pre- Appointment ... « i,i_* J 'xiOf new trustees feerving evidence of every such choice and appointment k2 2U CHARITABLE TEUSTS. [13 & 14 Vict. to be made ap- of a new trustee or new trustees, and of the person and ^ ^ ' persons in whom such charitable estates and property shall so from time to time become legally vested, every such choice and appointment of a new trustee or new trustees shall be made to appear by some deed under the hand and seal of the chairman for the time being of the meeting at which such choice and appointment shall be made, and shall be executed in the presence of such meeting, and attested by two or more credible witnesses, which deed may be in the form or to the like effect of the schedule to this Act annexed, or as near thereto as circumstances wilj. allow, and may be given and shall be received as evidence in all courts and proceedings in the same manner and on the like proof as deeds under seal, and shall be evidence of the truth of the several matters and things therein contained. Act extended to Ireland. IV. And be it enacted, that the provisions of this Act shall extend to that part of the United Kingdom called Ireland. Act may be amended, &(;. V. And be it enacted, that this Act may be amended or repealed by any Act to be passed in the present session of parliament, except so far as the contrary shall be made to appear. SCHEDULE TO WHICH THIS ACT REFERS. Memorandum of the choice and appointment of new trustees of the [describe the chapel, school, or other buildings and property] situate in the parish [or township] of in the county [riding, division. city, or place] of at a meeting duly convened and held for that purpose [in the vestry of the said chapel] on the [25th] day of [April 1850], A.B. of chairman. Names and descriptions of all the trustees* on the' C. 28.] TITLES OF CONGREGATIONS. 345 constitution or last appointment of trustees made the day of Adam Bell of Charles Dixon of Edward Foster of George Hurst of John Jackson of Kenneth Lucas of Matthew Norman of Octavius Parker'of Names and descriptions of all the trustees in whom the said [chapel] and premises now become legally vested. First. — Old continuing trustees : — John Jackson, now of- Matthew Norman, now of - Octavius Parker, now of— Second. — New trustees now chosen and ap- pointed : — Benjamin Adams of Charles Bell of Jonathan Edmonds of Richard Baxter of John Home of Dated this day of William Hicks, (l.s.) Chairman of the said meeting. Signed, sealed, and delivered by the said WilUam Hicks, as chairman of the said meeting, at and in the presence of the said meeting, on the day and year aforesaid, in the presence of CD. E.F. [The blanks and parts in italics to be filled up, as the case may be.] 346 CHARITABLE TRTJSTS. [14 & 15 Vict. 14 & 15 VICT. Cap. 24. An Act to Amend the Acts for the granting of Sites for Schools. [2ith July, 1851.] Whereas by the statute fourth and fifth Victoria, chapter thirty-eight, power is given to divers persons therein mentioned to grant, convey, and enfranchise a certain portion of land for the purpose of a site for a school for the education of- poor persons, or for the residence of a schoolmaster or schoolmistress, or other- wise for the education of poor persons in religious and useful knowledge, and provisions are contained therein for facilitating the conveyance of such sites and perpetua- ting the trusts of the deeds : and whereas the persons therein mentioned having been authorized to grant any number of sites for distinct and separate schools, and residences for the master or mistress thereof, it is pro- vided that the site of each school and residence should- not exceed the extent of one acre, and it is also provided that not more than one such site should be in the same parish : and whereas by the twelfth and thirteenth Victoria, chapter forty-nine, it is declared and enacted, that nothing in the last-recited Act contained should prevent any person or corporation from granting any number of sites for separate and distinct schools in the same parish, provided the aggregate quantity of land granted by such person in the same parish should not exceed the extent of one acre : and whereas by reason of the great extent of some parishes, wherein the population is very large, ' this limitation is found to be productive of inconvenience, and to prevent the extension of the education of the poor; and it is desirable to make further provision in this behalf: be it therefore enacted by the Queen's most excellent Majesty, by and with the advice and consent C. 24.] SCHOOL SITES. 247 of the Lords spiritual and temporal, and Commons, in this present parliament assembled, and by the authority of the same, as follows : — I. The word " parish " in the sections of the statutes The word herein referred to shall, in the case of any parish which \^^^\ y^ot. ^ has heretofore been or shall hereafter be divided by lawful c. 38, sec. 9, and . . 1 ■ .IT • 1 , 12 & 13 Vict. . authority mto two or more ecclesiastical districts, whether e. 49, sec. 3, confined to such parish, or comprising also any part of *°^j^|?^^J;*1 another parish, be construed with reference to such parish district in any ./. 1 1 1 * A" 1 J- J. • A divided parish, to signify each such ecclesiastical district. II. This Act shall be construed as and be deemed to Incorporation be a, part of the said-recited Acts, except so far as it ^ith ^cited amends the same. ^<=*s- 15 & 16 VICT. Cap. 49. An Act to extend the Provisions of the several Acts passed for the Conveyance of Sites for Schools. [30ft Jime, 1852.] Wheeeas an Act was passed in the session of parlia- ment held in the fourth and fifth years of the reign of Her present Majesty, intituled " An Act to afford further 4 & 5 Vict. facilities for the conveyance and endowment of sites for "• ^^• schools : " 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 7 & 8 Viet. ' the terms on which grants are made by Her Majesty out "' " of the parliamentary grant for the education of the poor, 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 12 & is viot. extend and explain the provisions of the Acts for the "■ *^" 248 CHAKITABLE TRUSTS. [15 & 16 Vict. 13 & U Vict. c. 28. 14 & 15 Vict, c. 24. Provisions of recited Acta as to convey- ances and en- dowments of situs for schools to apply to schools herein specified. granting of sites for schools : " 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 education in England and Ireland hold property for such purposes : " 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 : " 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 h^ein- after specified : be it therefore enacted by the Queen's most excellent Majesty, by and with the advice and con- sent 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 train- ing 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 pait 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 connection therewith, as are by the said Acts given for C. 49.] SCHOOL SITES. 24.9 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 Iceland as by law established ; and that no ecclesiastical corporation, aggregate or sole, shall grant, by way of gift, and without a valuable con- sideration, 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 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. 18 & 19 VICT. Cap. 131. An Act to render more secure the conditions upon which money is advanced out of the Parliamentary Grant for the purposes of Education. [lith August, 1855.] Wheeeas it is expedient that greater security should be afforded for the due application of money advanced in certain cases to the trustees or managers of schools by the Lords Commissioners of the Treasury out of the parlia- mentary grant for the promotion of education in Great Britain : be it therefore enacted by the Queen's most 250 CHARITABLE TEUSTS. [18 & 19 Vict. C. 131. 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 Sale, &c. of same, as follows : where any grant hath been made or apect'of which ^^*^^ hereafter be made out of any sums of money here- grant of money tofore granted or hereafter to be granted by parliament not to* b° "^lid ^'^^ ^^^ purposes of education in Great Britain, under the without con- advice of any committee of the council on education for sent of Secre- , . . , tary of State, tile time being, to the trustees, managers, or other persons ^"^ applying on behalf of any school, with the consent of the trustees or persons holding the legal estate thereof, for or towards the purchase of the site or the erection, enlarge- ment, or repair of the school, or the residence of the master or mistress, or the furnishing such school or residence, no sale, exchange, or mortgage of the premises in respect of which such grant hath been or may hereafter be made in exercise of any power contained in the con- veyance or other deed relating thereto, or under any other legal authority, shall be valid unless either the consent of the Secretary of State for the Home Department for the time being in writing under his hand be given to the same, or the amount of the grant which shall have been made as aforesaid shall be repaid to the Lords Commis- sioners of the Treasury for the time being ; and whenever any grant as aforesaid shall be hereafter made, a memo- randum, to be signed by one of the Lords Commissioners of the Treasury for the time being, shall be endorsed upon some one of the title deeds relating to the school, certify- ing to the fact of the grant having been made upon such application, and for some such purpose as aforesaid, and referring to this Act ; and in any case in which any grant as aforesaid shall have been already made, so soon as such memorandum shall have been endorsed and signed on any such deed, all bonds, covenants, or other personal obligations heretofore given or entered into to prevent the exercise of any such power of sale, exchange, or mortgage without such consent as aforesaid, shall, so far as they relate to such exercise, but no further, be annulled. LITEEART AND SCIENTIFIC INSTITUTIONS. 251 II. Nothing herein contained shall affect any purchaser Purchasers not for a valuable consideration without notice, nor be deemed ^iti^out n't^e to apply to any school in respect of any such grant here- tofore made without any such bond, covenant, or other personal obligations or conditions as to sale, exchange, or mortgage having been entered into by the trustees or persons holding the legal estate in such schools and the Committee of Council on Education. 17 & 18 VICT. Cap. 113. An Act to afford greater facilities for the establishment of Institutions for the promotion of Literature and Science and the Fine Arts, and to provide for their better regulation. [nth Augmt, 1854.] IV. Peovided, that upon any land so granted by way if lands cease of gift as aforesaid, or any part thereof, ceasing to be used jhi'pu^oslrof for the purposes of the institution, the same shall there- the Act they upon immediately revert to and become again a portion ° * ^^^^^ ' of the estate or manor or possessions of the duchy, as the case may be, to aU intents and purposes as fully as if this Act or any such grant as aforesaid had not been passed or made, except that where the institution shall be re- moved to another site the land not originally part of the possessions of either of the duchies aforesaid may be exchanged or. sold for the benefit of the said institution, and the money received for equality of exchange or on the sale may be applied towards the erection or establishment of the institution upon the new site. trus- VI. Any corporation, ecclesiastical or lay, whether sole Corporation, or aggregate, and any officers, justices of the peace, trustees, tees'Tc- **»" or commissioners, holding land for public, ecclesiastical, convey lands . ' , 1 • , for the pur- parochial, charitable, or other purposes or objects, may, poses of this subject to the provisions herein-after mentioned, grant, ^°'' 252 CHARITABLE TEUSTS. [17 & 18 Vict. convey, or enfranchise for the purpose of this Act such quantity of land (a) as aforesaid, in any manner vested in such corporation, officers, justices, trustees, or commis- sioners ; provided, that no ecclesiastical corporation sole, being below the dignity of a bishop, shall be authorized to make such grant without the consent in writing of the bishop of the diocese to whose jurisdiction the said ecclesiastical corporation shall be subject ; provided also, that no parochial property shall be granted for such pur- pose without the consent of a majority of the ratepayers and owners of property in the parish to which the same belongs, assembled at a meeting to be convened according to the mode pointed out in the Act passed in the sixth 5 & 6 Will, i, year of the reign of His late Majesty, intituled " An Act to facilitate the conveyance of workhouses and other property of parishes and of incorporations or unions of parishes in England and Wales," and without the consent of the Poor Law Board, to be testified by their seal being affixed to the deed of conveyance, and of the guardians of the poor of the union within which the said parish may be comprised, or of the guardians of the poor of the said parish where the administration of the relief of the poor therein shall be subject to a board of guardians, testified by the guardians of such union or parish being the parties to convey the same ; and that no property held upon trust for charitable purposes shall be granted with- out the consent of the Charity Commissioners. How such VII. Where any officers, trustees, or commissioners, couvey.™*^ other than parochial trustees, shall make any such grant, it shall be sufficient if a majority or quorum authorized to act of such officers, trustees, or commissioners, assembled at a meeting duly convened, shall assent to such grant, and shall execute the deed of conveyance, although they shall not constitute a majority of the actual body of such officers, trustees, or commissioners; and the justices of (a) Limited to one acre by sec. 1. C. 112.] LITEEART AND SCrENTlFIC INSTITUTIONS. 253 the peace may give their consent to the making any grant of land or premises belonging to any county, riding, or division by vote at their general quarter sessions, and may direct the same to be made in the manner directed to be pursued on the sale of the sites of gaols by an Act passed in the seventh year of the reign of His late Majesty George the Fourth, intituled "An Act to authorize the 7 Geo. 4, c. 18. disposal of unnecessary prisons in England." X. Any person or corporation may grant any number Any number of sites for distinct and separate institutions, although the te granted for aggregate quantity of land thereby granted by such separate insti- person or corporation shall exceed the extent of one acre, provided that the site of each institution do not exceed that extent. XII. The provisions of the Act of the fourteenth luoorporatlon Victoria, chapter twenty-eight, shall be applicable to the ° 28(6). conveyances of lands in England, Wales, and Ireland made or to be made to trustees, not being corporations, for the purposes of such institutions. XIII. AU grants, conveyances, and assurances of any Form of site for an institution under the provisions of 'this Act^"^*"^' "■ may be made according to the form following, or as near thereto as the circumstances of the case will admit ; (that is to say,) " I, or we, {or the corporate title of a corporation,] under the authority of an Act passed in the year of the reign of Her Majesty Queen Victoria, intituled do hereby freely and voluntarily, and without any valuable consideration \pr do in consideration of the sum of to me, or us, or the said paid], grant and convey [add, if necessary, enfranchise] to all [description of the 'premises] and all [my, or our, or the right, title, and (5) See Act, amte, p. 241. 254 CHARITABLE TRUSTS. [17 & 18 Vict. C. 112. interest of the to and in the same and every part thereof, to hold unto and to the use of the said corpora- tion and their successors, or of the said and his or their [heirs or executors or administrators or successors], for the purposes of the said Act, and to be applied as a site for and for no other purpose whatever ; such to be under the management and control of [set forth the mode in which and the persons by whom the institution is to be managed and directed ; in cases where the land is purchased, exchanged or demised, usual covenants or obli- gations for title may be added]. In witness whereof the conveying and other parties have hereunto set their hands and seals, [or seals only, as the case may be,] this day of . Signed, sealed, and delivered by the said , in the presence of , of J' And no bargain and sale or livery of seisin shall be re- quisite in any conveyance intended to take effect under the provisions of this Act, nor more than one witness to the execution by the conveying party. Death of donor XIV. Any deed executed for the purposes of any in- within twelve gtitution to which this Act applies, without any valuable months not to . ,. , -j, , ■ ■, n y invalidate consideration, shall continue vaud, if otherwise lawful, ^^°^' although* the donor or grantor shall die 'within twelve calendar months from the execution thereof. Certain clauses XVII. In cases not otherwise provided for in this Actj of the 8 &9 j.}jg clauses sixty-nine, seventy, seventy-one, seventy-two, rendered ap- seventy-three, seventy-four, and seventy-eight of the pUcabietothis L^^^g Clauses Consolidation Act, one thousand eight hundred and forty-five, being the eight and ninth Victoria, chapter eighteen, shall apply in respect of the application of the purchase money of all sites purchased from in- capacitated persons, corporations, and trustees, hereby empowered to sell, other than the chancellor and council of the duchy of Lancaster and the officers of the duchy of Cornwall. COLLEGES OF OXFORD AND WINCHESTER. 255 17 & 18 VICT. Cap. 81. An Act to make further Provision for the good Government and Extension of the University of Oxford, of the Colleges therein, and of the College of Saint Mary Winchester. [7th August, 1854.] » XXXI (a). If in the execution of the powers of this Act it Right of pre- shall be proposed by any college, or by the commissioners, [n"to\ohoo"f' to make any regulation or ordinance for the abolition of not to be any right of preference, in elections to any emolument govemo^rs of within any college now lawfully belonging to and enjoyed schools or eha- by any school or other place of education beyond the sioners dissent precincts of the University, individually named or desig- ^''S''^*™™' nated in any statute, deed of composition, or other instru- ment of foundation or endowment, notice thereof shall be given in writing to the governing body of every such school or place of education, and also to the commissioners appointed under " The Charitable Trusts Act, 1853," at least two calendar months before any final resolution for that purpose shall be adopted by such college or by the commissioners ; and in cases where it is proposed by such regulation or ordinance to abolish any right of preference in elections to any emolument other than a fellowship or studentship, no such regulation or ordinance shall be made if within two calendar months after receiving such notice two-thirds of the said governing body, or if there shall be several schools interested in such right of prefer- ence, then two-thirds of the aggregate body composed of the several governing bodies of such schools, or the said commissioners appointed under " The Charitable Trusts Act, 1853," shall by writing under their hands and seals declare their opinion that such regulation or ordinance (o) 17 & 18 Vict. c. 81, amended by 19 & 20 Vict. c. 31, but not material as regards this section. 256 CHARITABLE TEUSTS. [17 & 18 Vict. C. 81. would be prejudicial to such school or place of education as a place of learning and education : provided always, nevertheless, that every such right of preference, when retained, shall be subject to all such regulations and ordi- nances as may be made by any college, or by the commissioners, under the powers given by this Act, for the purpose of making such emolument more conducive to the mutual benefit of such college and such school or place of education as aforesaid, or of throwing the same open to general or extended competition upon any vacancy for which no candidate or claimant of sufl&cient merit may offer himself from any school or place of education so en- titled as aforesaid : provided also, that where any such governing body as aforesaid shall be a corporate body the governing body of the corporation shall be deemed the governing body of the school ; and when any right of preference shall belong to any school contingently only upon the failure of fit objects from some other school or schools entitled to and in the enjoyment of a prior right of preference, then and in such case the power of dissent hereby given shall only belong to the governing body or governing bodies of the school or schools entitled to and in the enjoyment of the first right of preference ; and if in any college where fellowships or studentships are tenable by undergraduates either the college or the com- missioners acting in respect thereof shall divide its fellowships or studentships into elder and younger, the elder only shall be taken to be fellowships or studentships within the meaning of this section. COLLEGES OF CAMBRIDGE AND ETON. . 257 19 & 20 VICT. Cap. 88. An Act to malce further Provision for the good Government and Extension of the University of Cambridge, of the Colleges therein, and of the College of King Henry the Sixth at Eton. {29th July, 1856.] * XXXIII. If in the execution of the powers of this Act Right of pre- it shall be proposed by the governing body of any college, [',g™o^sdi1oif or the major part thereof, or by the commissioners, to not to be make any statute for the abolition of any right of prefer- certain cases if ence in elections to any emolument within any college, now go^raors of lawfully belonging to any school or other place of educa- charity com- tion beyond the precincts of the University, individually ^n\^'therefrom. named or designated in any statute, deed of composition, or other instrument of foundation or endowment and which right has been exercised or enjoyed by such school or place of education on the occurrence of any one of the three occasions next before the passing hereof on which such right might have been exercised or enjoyed, or for the conversion of any fellowship or scholarship attached to such school or other place of education into one or more scholarships or exhibitions, either partly so attached and partly open, or altogether open, where any appoint- ment or election to any such fellowship or scholarship of a person educated in such school or place has taken place on the occurrence of any one of the three vacancies of such fellowship or scholarship next before the passing of this Act, notice thereof shall be given in writing to the governing body of every such school or place of education, and also to the commissioners appointed under " The Cha- ritable Trusts Act, 1853," at least two calendar months before any final resolution for that purpose shall be adopted by such college or by the commissioners ; and in cases where it is proposed by such statute to abolish any 258 CHAEITABLE TRUSTS. [19 & 80 Vict. C. 88. right of preference in elections to any emolument other than a fellowship, or to convert any fellowship or scholar- ship attached to any school or other place of education into one or more scholarships or exhibitions, either partly so attached and partly open, or altogether open, no such statute shall be made if within two calendar months after receiving such notice two-thirds of the said govern- ing body, or if there shall be several schools interested in such right of preference then two-thirds of the aggregate body composed of the several governing bodies of such schools, or the said commissioners appointed under " The Charitable Trusts Act, 1853," shall by writing under their hands and seals declare their opinion that such statute would be prejudicial to such school or place of education as a place of learning and education : provided always, that every such right of preference, when retained, shall be subject to all such statutes as may be made by the governing body of any college, or by the commissioners, under the powers given by this Act, for the purpose of making such emolument more conducive to the mutual benefit of such college and such school or place of educa- tion as aforesaid, or of throwing the same open to general or extended competition upon any vacancy for which no candidate or claimant of sufficient merit naay offer himself from any school or place of education so entitled as afore- said ; provided also, that where the governing body of any such school as aforesaid shall be a corporate bodj', the governing body of the corporation shall be deemed the governing body of the school ; and when any right of pre- ference shall belong to any school contingently only upon the failure of fit objects from some other school or schools entitled to and in the enjoyment of a prior right of pre- ference, then and in such case the power of dissent hereby given shall only belong to the governing body or govern- ing bodies of the school or schools entitled to and in the enjoyment of the first right of preference ; and if in any college where fellowships are tenable by undergraduates either the college or the commissioners acting in respect METBOPOLIS LOCAL MANAGEMENT. 259 thereof shall divide its fellowships into elder and younger, the elder only shall he taken to be fellowships within the meaning of this section. 18 & 19 VICT. Cap. 120. An Act for the better Local Management of the Metropolis. [lith August, 1855.] XCI. Provided always that save as regards the ap- Saving as to pointment of auditors, nothing in this Act shall divest ^a'shhouses the vestry of any parish or any commissioners or burial metropolitaa rj-,j, ij? i burials, mar- board appointed by any vestry ot any powers or property -^^^ a„d vested in them respectively under the provisions of the ohaiitabie Act of the session holden in the ninth and tenth years of Her Majesty, chapter seventy-four, or any Act amending the same or under the provisions of the Act of the session holden in the fifteenth and sixteenth years of Her M^esty, chapter eighty-five, or any Act amending the same, or in anywise affect the provisions of any of the said Acts ; and nothing in this Act shall extend to or affect any rights, privileges, powers or authorities vested in any persons in reference to any market or ^ny powers or rights for or in relation to the administration of any charitable trusts save that any powers or rights in relation to any such trusts vested or which would have become vested in the existing vestry of any parish shall be vested in the vestry of such parish as constituted by this Act. CXCIX. Every such vestry (a) as aforesaid shall cause Vcstry to make to be made out once at least in every year a list of the ""arl^Vus't of several freehold, copyhold, and leasehold estates and of estates, ohari- all charitable foundations and bequests, if any, belonging quests°&c.T to the parish and under the control of the vestry, the list ^i*'' 'he appli- to contain a true and detailed account of the place where (a) Vestry constitnted nnder Metropolis Iiocal Management Act. s2 260 CHARITABLE TRUSTS. [19 & 20 VlCt. such estate or charitable foundation may be situate or in what mode and security such bequest may be invested, specifying also the yearly rental of each, and the particular appropriation thereof, together with the names of the persons partaking of their benefit (except where such benefit shall be allotted to the poor of the parish gene- rally), and to what amount in each case, and also stating the name and description of the persons in whom such estates are vested, and the names and descriptions of the trustees for each charity, and such lists shall be open for the inspection of the ratepayers at the ofiice of the vestry clerk at the same time with the accounts when audited according to the provisions of this Act. 19 & 20 VICT. Cap. 113. An Act to amend the Act of the last Session of Parliament, Chapter One hundred and twenty, for the better Local Management of the Metropolis, [29tk fuly, 1856.] Other powers HI- Save as herein-before otherwise provided, all the rf ve^nra and duties, powers, and privileges (including such as relate to declared to the affairs of the church, or fhe management or relief of tranrfeired to ^^^ poor, or the administration of any money or other Testries under property applicable to the relief of the poor,) which might Vict. c. 120, have been performed or exercised by any open or elected except powers qj. other vestry or any such meeting as aforesaid in any district boards, parish, under any local Act or otherwise, at the time of the passing of the said Act of the last session, shall be deemed to have become transferred to and vested in the vestry constituted by such last-mentioned Act ; except so far as any such duties, powers, or privileges may in the case of a parish included in any district mentioned in schedule (B.) to the said Act be vested by section ninety thereof in the board of works of such district : provided that all duties and powers relating to the affairs of the C. 112.] METBOPOLIS LOCAL MANAGEMENT. 261 church, or the management or relief of the poor, or the administration of any money or other property applicable to the relief of the poor, which at the time of the passing of the said Act were vested in or might be exercised by any guardians, governors, trustees, or commissioners, or any body other than any open or elected or other vestry, or any such meeting as herein-before mentioned, shall continue vested in and be exercised by such guardians, governors, trustees, or commissioners or other bodv as aforesaid. o 2 VICT. Cap. 74. An Act to facilitate the Becovery of Possession of Tene^ merits after due Determination of the Tenancy, (a) [lOth Avgust, 1838.] Wheeeas it is expedient to provide for the more speedy and effectual recovery of the possession of premises un- lawfully held over after the determination of the tenancy : 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, that from and after the passing of this Act, when and so when tenant soon as the term or interest of the tenant of any house, "^ occupier of land, or other corporeal hereditaments held by him at will there is no or for any term not exceeding seven years, either without therent doeT being liable to the payment of any rent or at a rent not "<>* exceed exceeding the rate of twenty pounds a year, and upon refuses to give which no fine shall have been reserved or made payable, f^^f sion, the landlord may shall have ended or shall have been duly determmed by a give him notice legal notice to quit or otherwise, and such tenant or (if ^ p Jo^ed'to''" such tenant do not actually occupy the premises, or only recover posses- . ,, «, 1 1 ,, sion under the occupy a part thereoi,) any person by whom the same or authority of this Act, (a) See 23 ft 24, Vict. a. 136, sec. 13, p. S5. 263 CHARITABLK TRUSTS. [1 & 2 Vict. If tenant does not appear, or fails to show cause why he does not give possession, the justices may issue their war- rant directing the constables to give the landlord pos- session. any part thereof shall he then actually occupied shall neglect or refuse to quit and deliver up possession of the premises or of such part thereof respectively, it shall he lawful for the landlord of the said premises or his agent to cause the person so neglecting or refusing to quit and deliver up possession to he served (in the manner herein- after mentioned) with a written notice, in the form set forth in the schedule to this Act, signed hy the said land- lord or his agent, of his intention to proceed to recover possession under the authority and according to the mode prescribed in this Act ; and if the tenant or occupier shall not thereupon appear at the time and place appointed, and show to the satisfaction of the justices herein-after mentioned reasonable cause why possession should not be given under the provisions of this Act, and shall still neglect or refuse to deliver up possession of the premises or of such part thereof of which he is then in possession to the said landlord or his agent, it shall be lawful for such landlord or agent to give to such justices proof of the holding and of the end or other determination of the tenancy, with the time or manner thereof, and where the title of the landlord has accrued since the letting of the premises, the right by which he claims the possession, and upon proof of service of the notice, and of the neglect or refusal of the tenant or occupier, as the case may be, it shall be lawful for the justices acting for the district, division, or place within which the said premises or any part thereof shall be situate, in petty sessions assembled, or any two of them, to issue a warrant under their hands and seals to the constables and peace officers -of the district, division, or place within which the said premises or any part thereof shall be situate, commanding them, within a period to be therein named, not less than twenty- one nor more than thirty clear days from the date of such warrant, to enter (by force if needful) into the premises, and give possession of the same to such landlord or agent : provided always, that entry upon any such warrant shall not be made ■ on a Sunday, Good Friday, or Christmas C. 74.] SMALL TENEMENTS. RECOVERY OP POSSESSION. 263 Day, or at any time except between the hours of nine in the morning and four in the afternoon : provided also, that nothing herein contained shall be deemed to protect any person on whose application and to whom any such warrant shall be granted from any action which may be brought against him by any such tenant or occupier, for or in respect of such entry and taking possession, where such person had not at the time of granting the same lawful right to the possession of the same premises : pro- vided also, that nothing herein contained shall affect any rights to which any person may be entitled as out-going tenant by the custom of the country or otherwise. II. And be it enacted, that such notice of application The manner in intended to be made under this Act may be served either ^^'°'' *""'\ „ •' summons shall personally or by leaving the same with some person being be served. in and apparently residing at the place of abode of the person so holding over as aforesaid, and that the person serving the same shall read over the same to the person served or with whom the same shall be left as aforesaid, and explain the purport and intent thereof: provided that if the person so holding over cannot be found, and the place of abode of such person shall either not be known or admission thereto cannot be obtained for serving such summons, the posting up of the said summons on some conspicuous part of the premises so held over shall be deemed to be good service upon such person. III. And be it enacted, that in every case in which the How execution person to whom any such warrant shall be granted had p„saes8b'n may not at the time of granting the same lawful right to the ^ stayed. possession of the premises, the obtaining of any such warrant as aforesaid shall be deemed a trespass by him against the tenant or occupier of the premises, although no entry shall be made by virtue of the warrant ; and in case any such tenant or occupier' will become bound with two sureties as herein-after provided, to be approved of by the said justices, in such sum as to them shall seem 264 CHABITABLE TRUSTS. [1 & 2 Vict. reasonable, regard being had to the value of the premises and to the probable costs of an action, to sue the person to whom such warrant was granted with effect and with- out delay, and" to pay all the costs of the proceeding in such action in case a verdict shall pass for the defendant, or the plaintiff shall discontinue or not prosecute his action or become non-suit therein, execution of the warrant shall be delayed until judgment shall have been given in such action of trespass ; and if upon the trial of such action of trespass a verdict shall pass for the plain- tiff, such verdict and judgment thereupon shall supersede the warrant so granted, and the plaintiff shall be entitled to double costs in the said action of trespass. Proceedings on IV. And be it enacted, that every such bond as herein- aotions'ofTres- before mentioned shall be made to the said landlord or pass. iiis agent, at the costs of such landlord or agent, and shall be approved of and signed by the said justices ; and if the bond so taken be forfeited, or if upon the trial of the action for securing the trial of which such bond was given, the judge by whom it shall be tried shaU not indorse upon the record in court that the condition of the bond hath been fulfilled, the party to whom the bond shall have been so made may bring an action, and recover thereon : provided always, that the court where such action as last aforesaid shall be brought may, by a rule of court, give such relief to the parties upon such bond as may be agreeable to justice, and such rule shall have the nature and effect of a defeasance to such bond. Protection of V. And be it enacted, that it shall not be lawful to stable?' &o° ^^'^T^S any action or prosecution against the said justices by whom such warrant as aforesaid shall have been issued, or against any constable or peace officer by whom such warrant may be executed, for issuing such warrant or executing the same respectively,- by reason that the person on whose application the same shall be granted had not lawful right to the possession of the premises. C. 74.] SMALL TENEMENTS.— EECOVEET OF POSSESSION. 265 VI. And be it enacted, that where the landlord at the where landlord time of applying for such warrant as aforesaid had lawful ^*? * ^^^f"\ rr J o ^ ^ title he shall right to the possession of the premises, or of the part not be deemed thereof so held over as aforesaid, neither the said landlord reS oHne^ nor his agent, nor any other person acting in his behalf, gaiarity, but shall be deemed to be a trespasser by reason merely of action on the" any irregularity or informality in the mode of proceeding f'^^ ^'"" spe™i . . . . . damage pro- for obtaining possession under the authority of this Act, ceeding from but the party aggrieved may if he think fit bring an "^'^*®" *" ^' action on the case for such irregularity or informality, in which the damage alleged to be sustained thereby shall be specially laid, and may recover full satisfaction for such special damage, with costs of suit : provided, that if the special damage so laid be not proved, the defendant shall be entitled to a verdict, and that if proved, but assessed by the jury at any sum not exceeding five shillings, the plaintiff shall recover no more costs than damages, unless the judge before whom the trial shall have been held shall certify upon the back of the record that in his opinion full costs ought to be allowed. VII. And be it enacted, that in construing this Act the Interpretation word " premises " shall be taken to signify lands, houses, or other corporeal hereditaments ; and that the word *' person " shall be taken to comprehend a body politic, corporate, or collegiate as well as an individual; and that every word importing the singular number shall where necessary to give full effect to the enactments herein contained, be deemed to extend and be applied to several persons or things as well as one person or thing; and that every word importing the masculine gender shall where necessary extend and be applied to a female as well as a male; and that the term "landlord" shall be understood as signifying the person entitled to the imme- diate reversion of the premises, or, if the property be held in joint- tenancy, coparcenary, or tenancy in common, shall be understood as signifying any one of the persons entitled to such reversion ; and that the word " agent " 266 CHARITABLE TEUSTS. [1 & 2 Vict. shall be taken to signify any person usually employed by the landlord in the letting of the premises or in the col- lection of the rents thereof, or specially authorized to act in the particular matter by -writing under the hand of such landlord. Not to extend VIII. And be it enacted, that this Act shall not extend to^^otiandor ^^ g^otland or Ireland. Act may be repealed or altered. IX. And be it enacted, that this Act may be amended or repealed by any Act to be passed in the present session of parliament. SCHKDULE TO WHICH THIS ACT EEFEKS. Form, No. 1. NOTICE OF owner's INTENTION TO APPLY TO JUSTICES TO RECOVER POSSESSION. I — — [owner, or agent to the owner, as the case may he,] do hereby give you notice, that unless peaceable possession of the tenement [shortly describing it] situate which was held of me, or of the said [as the case may be] under a tenancy from year to year, or [as the ease may be], which expired [or was determined] by notice to quit from the said or otherwise [as the case may be] on the day of , and which tenement is now held over and detained from the said be given to [the owner or agent] on or before the expiration of seven clear days from the service of this notice, I shall on next the day of at of the clock of the same day, at , apply to Her Majesty's justices of the peace acting for the district of [being the district, division, or place in which the said tenement, or any part thereof, is sitiiate], in petty sessions assembled, to. issue their warrant directing the constables of the said C. 74.] SMALL TENEMENTS. ^RECOVERY OF POSSESSION. 267 district to enter and take possession of the said tenement, and to eject any person therefrom. Dated this (Signed) To Mr. [Owner.or Agent.] FoEM, No. 2. COMPLAINT BEFORE TWO JUSTICES. The complaint of [owner or agent, dc, as the case may he,] made before us two of Her Majesty's justices of the peace acting for the district of , in pettj' sessions assembled, who saith that the said did let to a tenement, consisting of , for ■ under the rent of , and that the said tenancy expired [or was determined by notice to quit, given by the said , as the case may he,] on the day of and that on the day of the said did serve on [the tenant over-holding] a notice in writing of his inten- tion to apply "to recover possession of the said tenement (a duplicate of which notice is hereto annexed), by giving, dc. [describing the mode in which the service was effected] ; and that notwithstanding the said notice the said refused [or neglected] to deliver up possession of the said tenement, and still detains the same. (Signed) Taken the day of before us (Signed) [A duplicate of the notice of intention to apply is to be annexed to this complaint.] ^68 CHARITABLE TRUSTS. [9 & 10 Vict. Form, No. 3. jfareant to peace officers to take and give possession. Whereas [set forth the complaint], we two of Her Majesty's justices of the peace, in petty sessions assembled, acting for the of , do authorize and command you, on any day within days from the date hereof [except on Sunday, Christmas Day, and Good Friday, to be added if necessary], between the hours of nine in the forenoon and four in the afternoon, to enter (by force, if needful,) and with or without the aid of the owner or agent, as the case may be, or any other person or persons whom you may think requisite to call to your assistance, into and upon the said tenement, and to eject- thereout any persons and of the said tenement full and peaceable possession to deliver to the said [the owner or agent]. Given under our hands and seals this day of To and all other constables and peace officers acting for -the district of 9 & 10 VICT. Cap. 95. An Act for the more easy Recovery of Small Debts and Demands in England. [28th August, 1846.] Possession of CXXII. And be it enacted, that when and so soon as ^nts may be *^^ ^^^'^ ^^^ interest of the tenant of any house, land, or recovered by other corporeal hereditament, where the value of the county court, premises or the rent payable in respect of such tenancy did not exceed the sum of fifty pounds by the year, and upon which no fine shall have been paid, shall have ended, or shall have been duly determined by a legal notice to quit, and such tenant, or if such tenant do not actually C. 95.] POSSESSION. RECOVERY OF COUNTY COURT. 269 occupy the premises, or occupy only a part thereof, any person by whom the same or any part thereof shall be then actually occupied, shall neglect or refuse to quit and deliver up possession of the premises, or of such part thereof respectively, it shall be lawful for the land- lord or his agent to enter a plaint in the county court to be holden under this Act, and thereupon a summons shall issue to the person so neglecting or refusing; and if the If tenant, &o., tenant or occupier shall not thereupon appear at the time pefr^°or refuse and place appointed, and show cause to the contrary, and *? s^^f posses- shall still neglect or refuse to deliver up possession of the may, on pronf premises, or of such part thereof of which he is then in °^ service of ■^ ^ ^ ^ ^ summons, possession to the said landlord or his agent, it shall be issue warrant lawful for such landlord or agent to give to the court ^j^g_"°^* ® proof of the holding, and of the end or other determination of the tenancy, with the time or manner thereof, and, where the title of the landlord has accrued since the letting of the premises, the right bjr which he claims the possession; and upon proof of service of the summons, and of the neglect or refusal of the tenant or occupier, as the case may be, it shall be lawful for the judge to issue a warrant under the seal of the court to any bailiff of the court, requiring and authorizing him within a period to be therein named, not less than seven or more than ten clear days, from the date of such warrant, to give posses- sion of the premises to such landlord or agent ; and such warrant shall be a sufficient warrant to the said bailiff to enter upon the premises, with such assistants as he shall deem necessary, and to give possession accordingly; provided always, that entry upon any such warrant shall not be made on a Sunday, Good Friday, or Christmas Day, or at any time except between the hours of nine in the morning and four in the afternoon : provided also, that nothing herein contained shall be deemed to protect any person by whom any such warrant shall be sued out of the county court from any action which may be brought against him by any such tenant or occupier, for or in respect of such entry and taking possession where such 270 CHARITABLE TRUSTS. [19 & 20 Vict. person had not, at the time of suing out the same as aforesaid, lawful right to the possession of the same premises. 19 & 20 VICT. Cap. 108. An Act to amend the Acts relating to the County Courts. [29th Jidy, 1856.] Possession of L. When the term and interest of the tenant of any ments may be corporeal hereditament, where neither the value of the recovered ia premises nor the rent payahle in respect thereof shall by landlord have exceeded fifty pounds hy the year, and upon which where term qq gjjg qj. premium shall have been paid, shall have has expired or . '^ . '• been deter- expired, or shaU have been determined either by the notiae ^'^ landlord or the tenant by a legal notice to quit, and such tenant, or any person holding or claiming bj', through, or under him, shall neglect or refuse to deliver up pos- session accordingly, the landlord may enter a plaint at his option, either against such tenant or against such person so neglecting or refusing, in the County Court of the district in which the premises lie for the recovery of the same, and thereupon a summons shall issue to such tenant or such person so neglecting or refusing; and if the defendant shall not, at the time named in the summons, show good cause to the contrary, then, on proof of his still neglecting or refusing to deliver up possession of the premises, and of the yearly value and rent of the premises, and of the holding, and of the expiration or other deter- mination of the tenancy, with the time and manner thereof, and of the title of the plaintiff if such title has accrued since the letting of the premises, and of the service of the summons if the defendant shall not appear thereto, the judge may order that possession of the premises mentioned in the plaint be given by the defendant to the plaintiff, either forthwith or on or before such day as the judge shall think fit to name ; and if C. 108.] POSSESSION. ^RECOVERY OF COUNTY COURT. 271 such order be not obeyed, the registrar, whether such order can be proved to have been served or not, shall at the instance of the plaintiff issue a warrant authorizing and requiring the high bailiff of the court to give pos- session of such premises to the plaintiff. LI. In any such plaint against a tenant as in the last In plaint for preceding section is specified the plaintiff may add a posslssbn claim for rent or mesne profits or both, down to the day piain'iff may . T 1 olaim for rent appointed for the hearmg, or to any preceding day and mesne named in the plaint, so as the same shall not exceed p'^™''- fifty pounds, and any misdescription in the nature of such claim may be amended at the trial. LII. When the rent of any corporeal hereditament, Possession of where neither the value of the premises nor the rent ^"'*" '™^" , meuts may be payable in respect thereof exceeds fifty pounds by the recovered in year, shaU for one half year be in arrear, and the land- Z^Hl^ZfoJ"^ lord shall have right by law to re-enter for the non- non-payment of payment thereof, he may, without any formal demand or re-entry, enter a plaint in the County Court of the district in which the premises lie for the recovery of the premises, and thereupon a summons shall issue to the tenant, the service whereof shall stand in lieu of a demand and re-entry ; and if the tenant shall five clear days before the return day of such summons pay into court all the rent in arrear, and the costs, the said action shall cease, but if he shall not make such payment, and shall not at the time named in the summons show good cause why the premises should not be recovered, then, on proof of the yearly value and rent of the premises, and of the fact that one half year's rent was in arrear before the plaint was entered, and that no sufficient distress was then to be found on the premises to countervail such arrear, and of the landlord's power to re-enter, and of the rent being stiU in arrear, and of the title of the plaintiff if such title has accrued since the letting of the premises, and of the service of the summons if the defendant shall 27'2 CHARITABLE TRUSTS. [8 Vict. not appear thereto, the judge may order that possession of the premises mentioned in the plaint be given by the defendant to the plaintiff on or before such day, not being less than four weeks from the day of hearing, as the judge shall think fit to name, unless within that period all the rent in arrear and the costs be paid into court; and if such order be not obeyed, and such rent and costs be not so paid, the registrar shall, whether such order can be proved to have been served or not, at the instance of the plaintiff, issue a warrant authorizing and requiring the high bailiff of the court to give pos- session of such premises to the plaintiff, and the plaintiff shall from the time of the execution of such warrant hold the premises discharged of the tenancy, and the de- fendant, and all persons claiming by, through, or under him, shall so long as the order of the court remains unreversed, be barred from all relief in equity or otherwise. 8 VICT. Cap. 18. An Act for consolidating in One Act certain Provisions usually inserted in Acts authorizing the taking of Lands for Undertakings of a public Nature. \ith Uay, 1845.] I Whereas it is expedient to comprise in one general Act simdry provisions usually introduced into Acts of parliament relative to the acquisition of lands required for undertakings or works of a public nature, and to the compensation to be made for the same, and that as well for the purpose of avoiding the necessity of repeating such provisions in each of the several Acts relating to such undertakings as for ensuring greater uniformity in the provisions themselves: may it therefore please your Majesty that it may be enacted ; and be it enacted by the Queen's most excellent Majesty, by and with the C. 18.] LANDS CLAUSES CONSOLIDATION ACT, 1845. 273 advice and consent of the Lords spiritual and temporal, and Commons, in this present parliament assembled, and by the authority of the same, that this Act shall apply to Act to apply to every undertaking authorized by any Act which shall f^i^autWei hereafter be passed, and which shall authorize the l>y Acta tere- purchase or taking of lands for such undertaking, and passed? this Act shall be incorporated with such Act ; and all the clauses and provisions of this Act, save so far as they shall be expressly varied or excepted by any such Act, shall apply to the undertaking authorized thereby, so far as the same shall be applicable to such undertaking, and shall, as well as the clauses and provisions of every other Act which shall be incorporated with such Act, form part of such Act, and be construed, together therewith, as forming one Act. And with respect to the construction of this Act and of interpretations Acts to be incorporated therewith, be it enacted as follows : II. The expression "the special Act," used in this "special Act:" Act, shall be construed to mean any Act which shall be hereafter passed which shall authorize the taking of lands for the undertaking to which the same relates, and with which this Act shall be so incorporated as aforesaid ; and tlie word " prescribed,'" used in this Act in reference to "prescribed :" any matter herein stated, shall be construed to refer to such matter as the same shall be prescribed or provided for in the special Act, and the sentence in which such word shall occur shall be construed as if, instead of the word "prescribed," the expression "prescribed for that purpose in the special Act" had been used; and the expression "the works" or "the undertaking" shall "the works :" mean the works or undertaking, of whatever nature, which shall by the special Act be authorized to be executed; and the expression "the promoters of the " promotera of undertaking " shall mean the parties, whether company, *^« ^°^«"''*''- undertakers, commissioners, trustees, corporations, or 274 CHAEITABLE TRUSTS. [8 Vict. private persons, by the special Act empowered to execute such works or undertaking. Interpretationa in tbis and the special Act : niimbeT : gender : "lands:" "month:" " superior courts :" "oath:" ' county : "the sheriff: " the clerk of the peace :" III. The following words and expressions, both in this and the special Act, shall have the several meanings hereby assigned to them, unless there be something either in the subject or context repugnant to such construction ; (that is to say,) Words importing the sirfgular number only shall include the plural number, and words importing the plural number only shall include the singular number : Words importing the masculine gender only shall include females : The word " lands " shall extend to messuages, lands, tenements, and hereditaments of any tenure : The word "lease" shall include an agreement for a lease : The word " month " shall mean calendar month. The expression "superior courts" shall mean Her Majesty's superior courts of record at Westminster or Dublin, as the case may require : The word " oath " shall include affirmation in the case of Quakers, or other declaration lawfully substituted for an oath in the case of any other persons ex- empted by law from the necessity of taking an oath : The word "county" shall include any riding or other like division of a county, and shall also include county of a city or county of a town : ' The word "sheriff" shall include under sheiiff, or other legally competent deputy; and where any matter in relation to any lands is required to be done by any sheriff, or by any clerk of the peace, the expression "the Sheriff," or the expression "the clerk of the peace," shall in such case be construed to mean the sheriff or the clerk of the peace of the county, city, borough, liberty, cinque port, or place where such lands shall be situate ; and if the lands C. 18.] LANDS CLAUSES CONSOLIDATION ACT, 1845. 275 in question, being the property of one and the same party, be situate not wholly in one county, city, borough, liberty, cinque port, or place, the same expression shall be construed to mean the sheriff or clerk of the peace of any county, city, borough, liberty, cinque port, or place where any part of such lands shall be situate : The word "justices" shall mean justices of the peace "justices:" acting for the county, city, liberty, cinque port, or place where the matter requiring the cognizance of any such justice shall arise, and who shall not be interested in the matter; and where such matter shall arise in respect of lands being the property of one and the same party, situate not wholly in any one county, city, borough, liberty, cinque port, or place, the same shall mean a justice acting for the county, city, borough, liberty, cinque port, or place, where any psirt of such lands shall be situate, and who shall not be interested in such matter; and where any matter shall be authorized or required to be done by two justices, the expression "two "two jus- justices" shall be understood to mean two justices assembled and acting together. Where under the provisions of this or the special Act, or "owner :" any Act incorporated therewith, any notice shall be re- quired to be given to the owner of any lands, or where any Act shall be authorized or required to be done with the consent of any such owner, the word " owner " shall be understood to mean any person or corpo- ration who, under the provisions of this or the special Act, would be enabled to sell and convey lands to the promoters of the undertaking : The expression " the Bank" shall mean the Bank pf "the Bank." England where the same shall relate to monies to be paid or deposited in respect of lands situate in England, and shall mean the Bank of Ireland where the same shall relate to monies to be paid or de- posited in respect of lands situate in Ireland. t2 3' 6 CHARITABLE TRUSTS. [8 Vict. Short title of IV. And be it enacted, that in citing this Act in other Acts of parliament, and in legal instruments, it shall be sufficient to use the expression "The Lands Clauses Consolidation Act, 1845." Form in which V. And whereas it may be convenient in some cases to ^^f^^^f/J^^ incorporate with Acts of Parliament hereafter to be corporated with passed some portion only of the provisions of this Act; be it therefore enacted, that, for the purpose of making any such incorporation, it shall be sufficient in any such Act to enact that the clauses of this Act with respect to the matter so proposed to be incorporated (describing such matter as it is described in this Act in the words introductory to the enactment with respect to such matter,) shall be incorporated with such Act, and there- upon all the clauses and provisions of this Act with respect to the matter so incorporated shall, save so far as they shall be expressly varied or excepted by such Act, form part of such Act, and such Act shall be construed as if the substance of such clauses and provisions were set forth therein with reference to the matter to which such Act shall relate. Pv/rchase of And with respect to the purchase of lands by agree- lands by agree- ^g^t ^^e it enacted as follows : ment. Power to fur- VI. Subject to the provisions of this and the special aSeemeut.' ^^ ^^^ i* ^haU be lawful for the promoters of the under- taking to agree with the owners of any lands by the special Act authorized to be taken, and which shall be required for the purposes of such Act, and with all parties having any estate or interest in such lands, or by this or the special Act enabled to sell and convey the same, for the absolute purchase, for a consideration in money, of any such lands, or such parts thereof as they shall think proper, and of all estates and interests in such lands of what kind soever. C. 18.] LANDS CLAUSES CONSOLIDATION ACT, 1845. 277 VII. It shaU be lawful for all parties, being seised, Parties under possessed of, or entitled to any such lands, or any estate ftiej to^'se'ii" or interest therein, to sell and convey or release the same and convey. to the promoters of the undertaking, and to enter into all necessary agreements for that purpose ; and particularly it shall be lawful for all or any of the following parties so seised, possessed, or entitled as aforesaid so to sell, convey, or release; (that is to say,) all corporations, tenants in tail or for life, married women seised in their own right or entitled to dower, guardians, committees of lunatics and idiots, trustees or feoffees in trust for charitable or other purposes, executors and adminis- trators, and all parties for the time being entitled to the receipt of the rents and profits of any such lands in possession or subject to any estate in dower, or to any lease for life, or for lives and years, or for years, or any less interest ; and the power so to sell and convey or release as aforesaid may lawfully be exercised by all such parties, other than married women entitled to dower, or lessees for life, or for lives and years, or for years, or for any less interest, not only on behalf of themselves and their respective heirs, executors, administrators, and successors, but also for and on behalf of every person entitled in reversion, remainder, or expectancy after them, or in defeasance of the estates of such parties, and as to such married women, whether they be of full age or not, as if they were sole and of full age, and as to such guardians, on behalf of their wards, and as to such committees, on behalf of the lunatics and idiots of whom they are the committees respectively, and that to the same extent as such wives, wards, lunatics and idiots respectively could have exercised the same power under the authority of this or the special Act if they had respectively been under no disability, and as to such trustees, executors, and administrators, on behalf of their cestui que trusts whether infants, issue unborn, lunatics, femes covert, or other persons, and that to the same extent as such cestui que trusts respectively could have 278 CHARITABLE TRUSTS. [8 Vict. exercised the same powers under the authority of this and the special Act if they had respectively been under no disability. Parties under VIII. The power herein-after given to enfranchise exacLe other copy hold lands, as well as every other power required to powers. be exercised by the lord of any manor pursuant to the provisions of this or the special Act, or any Act incor- porated therewith, and the power to release lands from any rent, charge, or incumbrance, and to agree for the apportionment of any such rent, charge, or incumbrance, shall extend to and may lawfully be exercised by every party herein-before enabled to sell and convey or release lands to the promoters of the undertaking. Amount of IX. The purchase money or compensation to be paid in'cM™of '™ ^°^ *^y lands to be purchased or taken from any party parties under under any disability or incapacity, and not having power disability to be , ,, "' i , ^ . , , - ■ ascertained by to sell or convey such lands except under the provisions ^aid^nto'th""* °^ *^^® °^ *^® Special Act, and the compensation to be paid Bank. for any permanent damage or injury to any such lands, shall not, except where the same shall have been deter- mined by the verdict of a jury, or by arbitration, or by the valuation of a surveyor appointed by two justices under the provisions herein-after contained, be less than shall be determined by the valuation of two able practical sur- veyors, one of whom shall be nominated by the promoters of the undertaking, and the other by the other party, and if such two surveyors cannot agree in the valuation, then by such third surveyor as any two justices shall upon application of either party, after notice to the other party, for that purpose nominate ; and each of such two survey- ors if they agree, or if not then the surveyor nominated by the said justices, shall annex to the valuation a declaration in writing, subscribed by them or him, of the correctness thereof; and all such purchase money or compensation shall be deposited in the bank for the benefit of the parties interested, in manner herein-after mentioned. C. 18.] LANDS CLAUSES CONSOLIDATION ACT, 1845. 279 X. It shall be lawful for any person seised in fee of, or Wliere vendor entitled to dispose of absolutely for his own benefit, any tMed"undT' lands authorized to be purchased for the purposes of the ™ay be sold on special Act to sell and convey such lands or any part °"*^'™*^' thereof unto the promoters of the undertaking, in consid- eration of an annual rent-charge payable by the promoters of the undertaking, but, except as aforesaid, the consider- ation to be paid for the purchase of any such lands, or for any damage done thereto, shall be in a gross sum. « XI. The yearly rents reserved by any such conveyance Payment of shall be charged on the tolls or rates, if any, payable under eWged on the special Act, and shall be otherwise secured in such *'°^^^- manner as shall be agreed between the parties, and shall be paid by the promoters of the undertaking as such rents become payable ; and if at any time any such rents be not paid within thirty days after they so become payable, and after demand thereof in writing, the person to whom any such rent shall be payable may either recover the same from the promoters of the undertaking, with costs of suit, by action of debt in any of the superior courts, or it shall be lawful for him to levy the same by distress of the goods and chattels of the promoters of the under- taking. XII. In case the promoters of the undertaking shall be Power to pur- empowered by special Act to purchase lands for extra- requireTfor ordinary purposes, it shall be lawful for all parties who, additional ac- under the provisions herein-before contained, would be enabled to sell and convey lands, to sell and convey the lands so authorized to be purchased for extraordinary purposes. XIII. It shall be lawful for the promoters of the under- Authority to taking to sell the lands which they shall have so acquired purc^se^uch for extraordinary purposes, or any part thereof, in such lands, manner, and for such considerations, and to such persons, as the promoters of the undertaking may think fit, and 280 CHARITABLE TRUSTS. [8 Vict. again to purchase other lands for the like purposes, and afterwards sell the same, and so from time to time ; but the total quantity of land to be held at any one time by the promoters of the undertaking, for the purposes aforesaid, shall not exceed the prescribed quantity. Eestraint on XIV. The promoters of the undertaking shall not, by incapacitated virtue of the power to purchase lands for extraordinary persons. purposes, purchase more than the prescribed quantity from any party under legal disability, or who would not be able to sell and convey such lands except under the powers of this and the special Act ; and if the promoters of the undertaking purchase the said quantity of land from any paiiy under such legal disability, and afterwards sell the whole or any part of the land so purchased, it shall not be lawful for any party being under legal dis- ability to sell to the promoters of the undertaking any other lands in lieu of the land so sold or disposed of by them. Municipal cor- XV. Nothing in this or the special Act contained shall porations not gnable any municipal corporation to sell for the purposes the approba- of the Special Act, without the approbation of the com- Treasury.^ missioners of Her Majesty's treasury of the United King- dom of Great Britain and Ireland, or any three of them, any lands which they could not have sold without such approbation before the passing of the special Act, other than such lands as the company are by the powers of this or the special Act empowered to purchase or take compulsorily. Application of ^.nd with respect to the purchase money or compensa- compensation. ,. . ^ '■ ,. , . ,. ., , • , tion coming to parties having limited interests, or pre- vented from treating, or not making title, be it enacted as follows : Purchase LXIX. If the purchase money or compensation which ToZlItlm-^ shall be payable in respect of any lands, or any interest C. 18.] LANDS CLAUSES CONSOLIDATION ACT, 1845. 281 therein, purchased or taken by the promoters of the der disability undertaking from any corporation, tenant for life or in tail, 2ooTto'be de- married woman seised in her own right or entitled to posited in the dower, guardian, committee of lunatic or idiot, trustee, executor or administrator, or person having a partial or qualified interest only in such lands, and not entitled to sell or convey the same except under the provisions of this or the special Act, or the compensation to be paid for any permanent damage to any such lands, amount to or exceed the sum of two hundred pounds, the same shall be paid into the Bank, in the name and with the privity of the accountant-general of the Court of Chancery in England if the same relate to lands in England or Wales, or the accountant-general of the Court of Exchequer in Ireland if the same relate to lands in Ireland, to be placed to the account there of such accountant-general, ex parte the promoters of the undertaking (describing them by their proper name), in the matter of the special Act (citing it), pursuant to the method prescribed by any Act for the time being in force for regulating monies paid into the said courts ; and such monies shall remain so deposited until the same be applied to some one or more of the following purposes ; (that is to say,) In the purchase or redemption of the land tax, or Application of the discharge of any debt or incumbrance affecting posited. the land in respect of which such money shall have been paid, or affecting other lands settled therewith to the same or the like uses, trusts, or purposes; or In the purchase of other lands to be conveyed, limited, and settled upon the like uses, trusts, and purposes, and in the same manner, as the lands in respect of which such money shall have been paid stood settled ; or If such money shall be paid in respect of any buildings taken under the authority of this or the special Act, or injured by the proximity of the works, in removing or replacing such buildings, or substituting others in 283 CHARITABLE TRUSTS. [8 Vict. their stead, in such manner as the Court of Chancery shall direct ; or In payment to any party becoming absolutely entitled to such money. Order for ap- , LXX. Such money may be so applied as aforesaid upon investment ^^ Order of the Court of Chancery in England or the meanwhile. Court of Exchequer in Ireland, made on the petition of the party who would have been entitled to the rents and profits of the lands in respect of which such money shall have been deposited ; and until the money can be so ap- plied it may, upon the like order, be invested by the said accountant-general in the purchase of Three per centum Consolidated or Three per centum Eeduced Bank An- nuities, or in government or real securities, and the in- terest, dividends and annual proceeds thereof paid to the party who would for the time being have been entitled to the rents and profits of the lands. Sums from 20i. LXXI. If such purchase money or compensation shall deposited or uot amount to the sum of two hundred pounds, and shall paid to tras- exceed the sum of twenty pounds, the same shall either be paid into the bank, and applied in the manner herein- before directed with respect to sums amounting to or exceeding two hundred pounds, or the same may lawfully be paid to two trustees, to be nominated by the parties en- titled to the rents or profits of the lands in respect whereof the same shall be payable, such nomination to be signified by writing under the hands of the party so en- titled ; and in case of the coverture, infancy, lunacy, or other incapacity of the parties entitled to such monies, such nomination may lawfully be made by their respective husbands, guardians, committees, or trustees; but such last-mentioned application of the monies shall not be made , unless the promoters of the undertaking approve thereof and of the trustees named for the purpose ; and the money so paid to such trustees, and the produce arising therefrom, shall be by such trustees applied in the manner C. 18.] LANDS CLAUSES CONSOLIDATION ACT, 1845. , 283 herein-before directed with respect to money paid into the bank, but it shall not be necessary to obtain any order of the court for that purpose. LXXII. If such money shall not exceed the sum of Sums not ex- twenty pounds, the same shall be paid to the parties en- to be°paid to titled to the rents and profits of the lands in respect P*"^''*^- whereof the same shall be payable, for their own use and benefit, or in case of the coverture, infancy, idiotcy, lunacy, or other incapacity of any such parties, then such money shall be paid, for their use, to the respective hus- bands, guardians, committees, or trustees of such persons. LXXIII. All sums of money exceeding twenty pounds. All sums pay- which may be payable by the promoters of the undertaking contract with in respect of the taking, using, or interfering with any lands persons not under a contract or agreement with any person who shall titled, to be not be entitled to dispose of such lands, or of the interest P*'^™*" ^a"''' therein contracted to be sold by him, absolutely for his own benefit, shall be paid into the bank or to trustees in manner aforesaid ; and it shall not be lawful for any con- tracting party not entitled as aforesaid to retain to his own use any portion of the sums so agreed or contracted to be paid for or in respect of the taking, using, or interfering with any such lands, or in lieu of bridges, tunnels, or other accommodation works, or for assenting to or not opposing the passing of the Bill authorizing the taking of such lands, but all such monies shall be deemed to have been contracted to be paid for and on account of the several parties interested in such lands, as well in pos- session as in remainder, reversion, or expectancy : provi- ded always, that it shall be in the discretion of the Court of Chancery in England or the Court of Exchequer in Ireland, or the said trustees, as the case may be, to allot to any tenant for life, or for any other partial or qualified es- tate, for his own use, a portion of the sum so paid into the bank, or to such trustees as aforesaid, as compensation for any injury, inconvenience, or annoyance which he may be 284 ^ CHARITABLE TRUSTS. [8 Vict. considered to sustain, independently of the actual value of the lands to be taken, and of the damage occasioned to the lands held therewith, by reason of the taking of such lands and the making of the works. Court of Chan- LXXIV. Where any purchase money or compensation a^lSn rf"* paid into the bank under the provisions of this or the money in re- special Act shall have been paid in respect of any lease spect of leases >• tj, ■•• . -,.« ,. -, or reversions ^i" * ^i® Or lives or years, or for a me or lives and years, as they may or any estate in lands less than the whole fee simple thereof, or of any reversion dependent on any such lease or estate, it shall lawful for the Court of Chancery in England or the Court of Exchequer in Ireland, oh the petition of any party interested in such money, to order that the same shall be laid out, invested, accumulated, and paid in such manner as the said court may consider will give to the parties interested in such money the same benefit therefrom as they might lawfully have had from the lease, estate, or reversion in respect of which such money shall have been paid, or as near thereto as may be. Upon deposit LXXV. Upon deposit in the bank in manner herein- the°o^era'of before provided of the purchase money or compensation the lands to agreed or awarded to be paid in respect of any lands pur- defanitthe chased or taken by the promoters of the undertaking lands to vest in under the provisions of this or the special Act, or any Act the promoters . .,, of the under- incorporated therewith, the owner of such lands, m- deed'^o"? bei^g eluding in such term all parties by this Act enabled to executed. sell or convey lands, shall, when required so to do by the promoters of the undertaking, duly convey such lands to the promoters of the undertaking, or as they shall direct ; and in default thereof, or if he fail to adduce a good title to such lands to their satisfaction, it shall be lawful for the prompters of the undertaking, if they think fit, to execute a deed poll under their common seal if they be a corporation, or if they be not a corporation under the hands and seals of the promoters, or any two of them, containing a description of the lands in respect of which C. 18.] LANDS CLAUSES CONSOLIDATION ACT, 1845. 285 such default shall be made, and reciting the purchase or taking thereof by the promoters of the undertaldng, and the names of the parties from whom the same were pur- chased or taken, and the deposit made in respect thereof, and declaring the fact of such default having been made, and such deed poll shall be stamped with the stamp duty which would have been payable upon a conveyance to the promoters of the undertaking of the lands described therein ; and thereupon all the estate and interest in such lands of or capable of being sold and conveyed by the party between whom and the promoters of the under- taking such agreement shall have been come to, or as be- tween whom and the promoters of the undertaking such purchase money or compensation shall have been deter- mined by a jury, or by arbitrators, or by a surveyor appointed by two justices as herein provided, and shall have been deposited as aforesaid, shall vest absolutely in the promoters of the undertaking, and as against such parties, and all parties on behalf of whom they are herein- before enabled to sell and convey, the promoters of the undertaking shall be entitled to immediate possession of such lands. LXXVI. If the owner of any such lands purchased or where parties taken by the promoters of the undertaking, or of any in- 'ey"'ordrnot terest therein, on tender of the purchase money or com- show title, or pensation either agreed or awarded to be paid in respect^^"^ ^.[,^g p^^. thereof, refuse to accept the same, or neglect or fail to "^^e money to , ... be deposited. make out a title to such lands, or to the mterest therein claimed by him, to the satisfaction of the promoters of the undertaking, or if he refuse to convey or release such lands as directed by the promoters of the undertaking, or if any such owner be absent from the kingdom, or cannot after diligent inquiry be found, or fail to appear on the inquiry before a jury, as herein provided for, it shall be lawful for •the promoters of the undertaking to deposit the purchase money or compensation payable in respect of such lands, or any interest therein, in the bank, in the name and with 286 CHARITABLE TRUSTS. [8 VlCt. the privity of the accountant-general of the Court of Chancery in England or the Court of Exchequer in Ireland, to be placed, except in the cases herein otherwise provided for, to his account there, to the credit of the parties inte- rested in such lands (describing them so far as the pro- moters of the undertaking can do), subject to the control and disposition of the said court. Upon deposit LXXVII. Upon any such deposit of money as last receipt to be aforesaid being made the cashier of the bank shall give to given, and the the promoters of the undertaking, or to the party paying lands to vest . ^ . i, xv • j- f- "^ ^^^ ^ upon a deed m such money by their direction, a receipt lor such P°J^ ''^"'8 exe- money, specifying therein for what and for whose use (described as aforesaid) the same shall have been received, and in respect of what purchase the same shall have been paid in; and it shall be lawful for the promoters of the undertaking, if they think fit, to execute a deed poll under their common seal if they be a corporation, or if they be not a corporation under the hands and seals of the said promoters, or any two of them, containing a description of the lands in respect whereof such deposit shall have been made, and declaring the circumstances under which and the names of the parties to whose credit such deposit shall have been made^ and such deed poU shall be stamped with the stamp duty which would have been payable upon a conveyance to the promoters of the undertaking of the lands described therein ; and thereupon all the estate and interest in such lands of the parties for whose use and in respect whereof such purchase money or compensation shall have been deposited shall vest absolutely in the promoters of the undertaking, and as against such parties they shall be entitled to immediate possession of such lands. Application of LXXVIII. Upon the application by petition of any posited. party making claim to the money so deposited as last- aforesaid, or any part thereof, or to the lands in respect whereof the same shall have been so deposited, or any C. 18.] LANDS CLAUSES CONSOLIDATION ACT, 1845. 287 part of such lands, or any interest in the same, the said Court of Chancery in England or the Court of Exchequer in Ireland may, in a summary way, as to such court shall seem fit, order such money to he laid out or invested in the public funds, or may order distribution thereof, or payment of the dividends thereof, according to the re- spective estates, titles, or interests of the parties making claim to such money or lands, or any part thereof, and may make such other order in the premises as to such court shall seem fit. LXXIX. If any question arise respecting the title to Party in pos- the lands in respect whereof such monies shall have been deemed the so paid or deposited as aforesaid, the parties respectively owner- in possession of such lands, as being the owners thereof, or in receipt of the rents of such lands, as being entitled thereto at the time of such lands being purchased or taken, shall be deemed to have been lawfully entitled to such lands, until the contrary be shown to the satisfaction of the court ; and unless the contrary be shown as afore- said, the parties so in possession, and all parties claiming under them, or consistently with their possession, shall be deemed 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. LXXX. In all cases of monies deposited in the bank Costs in cases under the provisions of this or the special Act, or an Act poa™ed. ^' incorporated therewith, except 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 convey 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 288 CHARITABLE TEHSTS. [8 Vict. 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 applica- tion 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. Conveyances. And with respect to the conveyances of lands, be it enacted as follows : — Form of con- Teyances. LXXXI. Conveyances of lands to be purchased under the provisions of this or the special Act, or any Act incorporated therewith, may be 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 C. 18.] LANDS CLAUSES CONSOLIDATION ACT, 1845. 289 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 attendant by express declaration, or by construction of law, on the estate or 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 com- pensated 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. LXXXII. The costs of all such conveyances shall be Costs of con- borne by the promoters of the undertaking, and such ^^y^^"^'- costs shall include all charges and expenses 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 expences incident to the investigation, deduction, and verification of such title. LXXXIII. If the promoters of the undertaking and Taxation of the party entitled to any such costs shall not agree as to ™yances°°''' 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 ^90 CHABITABLE TRUSTS. [8 Vict. 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 expence 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. And with respect to copyhold lands, be it enacted as follows : — Conveyance of XCV. Every conveyance to the promoters of the under- to'be enroUedf taking, of any lands which shall be of copyhold or customary tenure, or of the nature thereof, shall be entered on the rolls of the manor of which the same shall be held or parcel ; and on payment to the steward of such manor of such fees as would be due to him on the surrender of the same lands to the use of a purchaser thereof he shall make such enrolment; and every such conveyance, when so enrolled, shall have the like effect, in respect of such copyhold or customary lands, as if the same had been of freehold tenure, nevertheless, until such lands shall have been enfranchised by virtue of the powers herein-after contained, they shall continue subject to the same fines, rents, heriots, and services as were theretofore payable and of right accustomed. Copyhold landa XCVI. Within three months after the enrolment of the to be ej chiaed. to be enfrau- conveyance of any such copyhold or customary lands, or within one month after the promoters of the undertaking shall enter upon and make use of the same for the purposes of the works, whichever shall first happen, or if more than one parcel of such lands holden of the same C. 18.] LANDS CLAUSES CONSOLIDATION ACT, 1845. 2'.) I manor shall have been taken by them, then within one month after the last of such parcels shall have been so taken or entered on by them, the promoters of the under- taking shall procure the whole of the lands holden of such manor so taken by them to be enfranchised, and for that purpose shall apply to the lord of the manor whereof such lands are holden to enfranchise the same, and shall pay to him such compensation in respect thereof as shall be agreed upon between them and him, and if the parties fail to agree respecting the amount of the compensation to be paid for such enfranchisement the same shall be deter- mined as in other cases of disputed compensation; and in estimating such compensation the loss in respect of the fines, heriots, and other services payable on death, descent, or alienation, or any other matters which would be lost by the vesting of such copyhold or customary lands in the promoters of the undertaking, or by the enfranchisement of the same, shall be allowed for. XCVII. Upon payment or tender of the compensation Lord of the 1 ir ' t 1 -iji iT'j.1 Manor to en- so agreed upon or determined, or on deposit thereoi m the fianohise on bank in any of the cases herein-before in that behalf P^y^snt of compensation. provided, the lord of the manor whereof such copyhold or customary lands shall be holden shall enfranchise such lands, and the lands so enfranchised shall for ever there- after be held in free and common soccage ; and in default of such enfranchisement by the lord of the manor, or if he fail to adduce a good title thereto to the satisfaction of the promoters of the undertaking, it shall be lawful for them, if they think fit, to execute a deed poll, duly stamped, in the manner herein-before provided in the case of the purchase of lands by them, and thereupon the lands in respect of the enfranchisement whereof such compensation shall have been deposited as aforesaid shall be deemed to be enfranchised, and shall be for ever thereafter held in free and common soccage. XCVIII. If any such copyhold or customary lands be Apportionment b2 ,293 CHAEITABLE TRUSTS. [1 5 & 1 6 VlCt. C. 85. of copyhold rents. subject to any customary or other rent, and part only of the land subject to any such rent be required to be taken for the purposes of the special Act, the apportionment of such rent may be settled by agreement between the owner of the lands and the lord of the manor on the one part, and the promoters of the undertaking on the other part, and if such apportionment be not so settled by agreement, then the same shall be settled by two justices ; and the enfranchisement of any copyhold or customary lands taken by virtue of this or the special Act, or the apportionment of such rents, shall not affect in other respects any custom by or under which any such copyhold or customary lands not taken for such purposes shall be held ; and if any of the lands so required be released from any portion of the rents to which they were subject jointly with any other lands, such last-mentioned lands shall be charged with the remainder only of such rents ; and with reference to any such apportioned rents, the lord of the manor shall have all the same rights and remedies over the lands to which such apportioned rent shall have been assigned or attributed as he had previously over the whole of the lands subject to such rents for the whole of such rents. 15 & 16 VICT. Cap. 85. An Act to amend the Laws concerning the Burial of the Dead in the Metropolis. list July, 1852.] Burial board XXIX. PROVIDED always, that any burial board under pimaTof ^''' tliis Act, with the approval of the vestry and of the vestry, &o. ap- guardians of the poor of the parish (if any), and of the ■ belonging tq poor law board, may from time to time appropriate for parish. ^}jg purposes of a burial ground for such parish, either alone or jointly with any other parish or parishes, any land vested in such guardians, or in the churchwardens, BECEEATION GROUNDS. 293 or in the churchwardens and overseers of the parish, or in any feoffees, trustees, or others, for the general benefit of the parish, or for any specific charity : provided always, that where any land so taken and appropriated shall be subject to any charitable use, such lands shall be taken on such conditions only as the Court of Chancery in the exercise of its jurisdiction over charitable trusts shall appoint and direct. 22 VICT. Cap. 27. An Act to facilitate Grants of Land to be made near populous Places for the Use of regulated Recreation of 'Adults, and as Playgrounds for Children. \\9th April, 1859.] Wheeeas the want of open public grounds for the resort and recreation of adults, and of playgrounds for children and youth, is much felt in the metropolis and other populous places within this realm, and by reason of the great and continuous increase of the population and extension of towns such evil is seriously increasing, and it is desirable to provide a remedy for the same : be it therefore enacted by the Queen's most excellent Majesty, by and with Uie 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 : I. Any lands may be lawfully conveyed to trustees, to Lands may be be held by them as open public grounds for the resort teaJteefto\e and recreation of adults, and as playgrounds for children held by them and youth, or either of such purposes, and for any estate, founds," &o, and subject to any reservation, restrictions, and conditions which the donor or grantor may think fit : but this enact- ment shall not extend to authorize any lands to be so conveyed for any greater estate or interest than the 294 CHAEITABLE TRUSTS. [22 Vict. donor or grantor would, independently of this Act, have power to dispose of. Form of con- II. Any such conveyance of land to trustees may be in Tejance. ^j^^ following form, subject to any modification thereof which the case may require : — " I A. B. do hereby convey and grant to as trustees for public ground for the parish [or parishes] of [here describe the lands conveyed or granted], to be held by them as public ground for the purposes of ' The Eecreation Grounds Act, 1859.' " And it is hereby enacted, that the grant or conveyance of such lands shall not require enrolment, nor to be by in- denture, and shall be valid, although the donor or grantor shall die within twelve calendar months after the making of such grant, any of the provisions of the Act passed in the ninth year of the reign of King George the Second, chapter thirty-six, to the contrary notwithstanding. How grants of III. With respect to lands belonging to any municipal lands bdonpng corporation, such grant may be lawfully made by the corporations body corporate, with the consent of the commissioners of may be made. jj^j. jjajesty's Treasury, signified by their executing the deed of conveyance. How grants of IV. With respect to lands belonging to any parish, lands belonging gudi grant may and shall be made by the trustees or may be made, feoffees (if there shall be such), or otherwise by the churchwardens and overseers of the parish, in pursuance of a resolution for that purpose of the vestry or other bodj' having the management of the affairs of such parish, passed in meeting duly assembled for the purpose, and with the approbation of the poor law board, to be testified by their seal being affixed to the deed of conveyance. Appointment V. With respect to the appointment of trustees for of tiTistees. holding any such grounds for the purpose aforesaid, the C. 27.] RECREATION GROUNDS. 295 lord of any manor, or the churchwardens of any parish, or the overseers of the poor of any parish or township, or all or any of such persons to whom lands shall have been conveyed as aforesaid, shall be a body corporate for taking, holding, and disposing of such grounds, and instituting, maintaining, and defending any proceedings relating thereto ; but the management and direction of the same shall be and remain in such persons as may be named in the deed of conveyance thereof; and in case no such persons shall be so nan^ed, or there shall be a failure of such managers and directors, the charity commissioners for England and Wales shall have power to settle a scheme for the appointment of the managers and di- rectors. VI. The managers and directors may from time to time Managers and make and enforce any such byelaws, orders, and regu- nJ^te a™d™n^ lations for the management, preservation, disposition, and f"rce bye-Iawa care of the said grounds, and the government of all tions, subject persons using or frequenting the same, as shall be ap- *° tlie approval proved by the said commissioners and in accordance with missioners. the conditions of the grant ; and no byelaws, orders, or regulations in any manner restricting the public use or enjoyment of the said grounds shall be valid unless sanc- tioned with such approbation. VII. It shall be lawful for any person to bequeath any Personal pro- personal property, not exceeding one thousand pounds in teq/g^hed for amount, for the purpose of defraying the expences of pur- purposes of chasing, preparing, maintaining, and preserving such grounds for the purposes aforesaid, and ornamenting the same. VIII. This Act shall extend to England and Ireland Extent of Act, aly, and may be cited for all purpos " The Recreation Grounds Act, 1859." only, and may be cited for all purposes by the title of *° ^ "^ *" ^' 296 CHAEITABLE TEUSTS. [31 & 22 Vict. 21 & 22 VICT. Cap. 71. An Act to substitute in certain Cases the Bishop of one Diocese for the Bishop of another as a Trustee of certain Trusts. [2nd Augua, 1858.] Wheeeas it frequently happens that the bishop of a diocese is a trustee of real or personal estate for chari- table or other public purposes, or is invested with powers in relation to charities and public trusts within his diocese : and whereas, in consequence of the altered limits of dioceses in England it is expedient to make new pro- visions for such cases : 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 foUows : — Charity com- I. In all cases in which the bishop of a diocese is as "' ke°order™*^ such bishop, alone or jointly with any other person or enabling bishop persons, trustee of or invested with any power of nomi- to act for"'^^ nation or control or other power in relation to any chari- another, as to table foundation or other trust for public purposes within, certain trusts, .. i- ,-, ■, • i • ,-, &c. or in favour of the clergy^ parishioners, or other persons or objects of or belonging to, any place which at the time when such bishop or his predecessor was first invested with such trust or power was within that diocese, or concerning any church or chapel in any such place, and by reason of an alteration of the limits of tie diocese such place is transferred to and included in some other diocese, it shall be lawful for the charity commissioners for England and Wales, if it appear to them that such trust or power was first so vested in the bishop or his prede- cessor by reason of the place being then within his diocese, and may be conveniently vested in the bishop in c. 71.] bishops' trusts substitution. 397 whose diocese such place is included, to make an order under their seal substituting from the date thereof for the first-mentioned bishop the bishop of the diocese in which such place is included, and such order shall operate to vest in such lastly-mentioned bishop, either solely or jointly with any other person or persons, as the case may require, all estate, property, stock, funds, monies, securities, rights, titles, patronage, and authority in rela- tion to the charity or trust, as fully and effectually as if he had been originally appointed to have and exercise the same. II. Provided, that every order to be made under this Order to be Act shall be made upon the application of the bishops ^p^l^aUonof concerned in such order, or one of them ; and no such the bishops or order shall be made in relation to any advowson or right of' patronage or presentation, part of the possessions of a see, which might be exchanged or otherwise disposed of by scheme of the ecclesiastical commissioners con- firmed by Her Majesty in council; nor shall any such order under this Act be made in relation to any ecclesias- tical patronage or power of nomination or appointment of any curate, chaplain, or spiritual person under any trust without the consent of the ecclesiastical commissioners under their common seal. III. Any costs necessarily incident to effecting the How costs are aforesaid ti-ansfers shall be defrayed by order of the said *" l"* defrayed. charity commissioners out of the property, real or per- sonal, as the said charity commissioners may direct, which shall be transferred as aforesaid. IV. Provided always, that nothing herein contained Nothing to shall be construed to extend to or in any way affect trusts &^!tithin*the of a visitorial or any other nature or character exercised universities, in or over any college, hall, or school within the precincts Eton, Wm-° ° or under the jurisdiction or government of either of the ^gj^i^jj^^j. Universities of Oxford or Cambridge, or in or over the 298 CHARITABLE TRUSTS. [24 & 25 Vict. colleges or schools of Saint Mary at Eton, Saint Mary at Winchester, and Saint Peter at Westminster. NotHng to affect certain endowments, V. Provided also, that nothing in this Act contained shall be construed to extend to endowments of an eleemosynary or any other character, whose foundation trusts are or may be governed by any specific Act of parliament. 34 & 25 VICT. Cap. 96. An Act to consolidate and amend the Statute Law of England and Ireland relating to Larceny and other similar Offences. \6th August, 1861.] Whereas it is expedient to consolidate and amend the statute law of England and Ireland relating to larceny and other similar offences : be it enacted by the Queen's most excellent Majesty, by and with the advice and con- sent of the Lords spiritual and temporal, and Commons, in this present parliament assembled, and by the authority of the same, as follows : — Interpretation of terms : "document of title to goods : " "document of title to lands:" 1. In the interpretation of this Act : The term " document of title to goods " shall include any bill of lading, India warrant, dock warrant, warehouse keeper's certificate, warrant or . order for the delivery or transfer of any goods or valuable thing, bought and sold note, or any other document used in the ordinary course of business as proof of the possession or control of goods, or authorizing or purporting to authorize, either by indorsement or by delivery, the possessor of such document to transfer or receive any goods thereby represented or therein mentioned or referred to : The term " document of title to lands " shall include C. 96.] LAHCENT ACT. FRAUDULENT TRUSTEES. 299 any deed, map, paper, or parchment, written or printed, or partly written and partly printed, being or containing evidence of the title, or any part of the title, to any real estate, or to any interest in or out of any real estate : The term "trustee" shall mean a trustee on some "trustee:" express trust created by some deed, will, or instru- ment in writing, and shall include the heir, or personal representative, of any such trustee, and any other person upon^or to whom the duty of such trust shall have devolved or come, and also an executor and administrator, and an official manager, assignee, liquidator, or other like officer acting under any present or future Act relating to joint stock com- panies, bankruptcy, or insolvency : The term " valuable security '' shall include any order, "valuable exchequer acquittance, or other security whatsoever 8^™"*? = entitling or evidencing the title of any person or" body corporate to any share or interest in any public stock or fund, whether of the United Kingdom, or of Great Britain or of Ireland, or of any foreign state, or in any fund of any body corporate, company, or society, whether within the United Kingdom or in any foreign state or country, or to any deposit in any bank, and shall also include any debenture, deed, bond, bill, note, warrant, order, or other security whatsoever for money or for payment of money, whether of the United Kingdom, or of Great Britain, or of Ireland, or of any foreign state, and any docu- ment of title to lands or goods as herein-before defined: The term "property" shall include every description "property." of real and personal property, money, debts, and legacies, and all deeds and instruments relating to • or evidencing the title or right to any property, or giving a right to recover or receive any money or goods, and shall also include, not only such property as shall have been originally in the possession or 300 CHARITABLE TEUSTS. [24 & 25 Vict. C. 96. "night." under the control of any party, but also any property into or for which the same may have been converted or exchanged, and any thing acquired by such con- version or exchange, whether immediately or other- wise: For the purposes of this Act, the night shall be deemed to commence at nine of the clock in the evening of each day, and to conclude at six of the clock in the morning of the next succeeding day. Trustees fraudulently disposing of property, guilty of a misdemeanor. No prosecu- tion shall be commenced without the sanction of some judge or the attorney- general. LXXX. Whosoever, being a trustee of any property for the use or benefit, either wholly or partially, of some other person, or for any public or charitable purpose, shall, with intent to defraud, convert or appropriate the same or any part thereof to or for his own use or benefit, or the use or benefit of any person other than such person as aforesaid, or for any purpose other than such public or charitable purpose as aforesaid, or otherwise dispose of or destroy such property or any part thereof, shall be guilty of a misdemeanor, and being convicted thereof shall be liable, at the discretion of the court, to any of the punish- ments which the court may award as herein-before last mentioned : provided, that no proceeding or prosecution for any offence included in this section shall be com- menced without the sanction of Her Majesty's Attorney- General, or, in case that of&ce be vacant, of Her Majesty's Solicitor-General: provided also, that where any civil proceeding shall have been taken against any person to whom the provisions of this section may apply, no person who shall have taken such civil proceeding shall commence any prosecution under this section without the sanction of the court or judge before whom such civil proceeding shall have been had or shall be pending. No remedy LXXXVI. Nothing in any of the last eleven preceding ^^uiT shaU sections of this Act contained, nor any proceeding, con- be affected. yiction, or judgment to be had or taken thereon against any person under any of the said sections, shall prevent, INVESTMENT OP TRUST FUNDS, 301 lessen, ©r impeach any remedy at law or in equity which any party aggrieved by any offence against any of the said sections might have had if this Act had not been passed ; but no conviction of any such offender shall be Convictionff received in evidence in any action at law or suit in equity revived in^ against him ; and nothing in the said sections contained evidence in shall affect or prejudice any agreement entered into or security given by any trustee, having for its object the restoration or repayment of any trust property mis- appropriated. 30 & 31 VICT. Cap. 133. An Act to remove Doubts as to the Power of Trustees, Executors, and Administrators to invest Trust Funds in certain Securities, and to declare and amend the Law relating to such Investments. [mh August, 1867.] Wheeeas by an Act passed in the session holden in 22 & 23 Vict, the twenty-second and twenty-third years of Her present "^ ®^" Majesty, chapter thirty-five, " to further amend the Law of Property, and to relieve Trustees," it is enacted, that " when a trustee, executor, or administrator shall not by some instruments creating his trust be expressly for- bidden to invest any trust fund on real securities in any part of the United Kingdom, or on the stock of the Bank of England or Ireland, or on East India stock, it shall be lawful for such trustee, executor, or administrator to invest such trust fund on such securities or stock, and he shall not be liable on that account as for a breach of trust, provided that such investment shall in other respects be reasonable and proper : " And whereas doubts have arisen as to the legal effect and signification of the words "East India Stock" in the said Act mentioned : Be it therefore enacted and declared by the Queen's 302 CHAEITABIiE TRUSTS. [30 & 31 Vict. C 133. 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 : Application of term "East India stock" in recited Act. I. The words "East India Stock" in the said Act passed in the session holden in the twenty-second and twenty-third years of her Majesty, chapter thirty-five, shall include and express as well thg East India stock which existed previously to the thirteenth day of August one thousand eight hundred and fifty-nine, when the said Act received the assent of Her Majesty, as East India stock charged on the revenues of India, and created under and by virtue of any Act or Acts of parliament which received Her Majesty's assent on or after the thirteenth day of August one thousand eight hundred and fifty-nine; and it shall be lawful for every tnistee, executor, or administrator to invest any trust fund in his possession or under his control in the stock created by the last-mentioned Act or Acts to the same extent, and for the same purposes and objects, as he can now invest such trust fund in the East India stock which existed previously to the thirteeeth day of August one thousand eight hundred and fifty-nine. Trustees may H. It shall be lawful for every trustee, executor, or invest in any administrator to invest any trust fund in his possession secanties m- . . •' . . f terest whereon or under his Control m any securities the interest of by^pSment. 'wbich is or shall be guaranteed by parliament to the same extent and in the same manner as he may invest such trust fund in such securities as aforesaid. TABLE OP SCHEMES. 303 TABLE OF SCHEMES OF CHARITY COMMISSIONERS CONFIRMED BY PARLIAMENT. Bath — St. Mary Magdalen Hospital at . Bristol — Municipal Charities in .... Bristol — Charities in Parishes of St. Nicholas and \ St. Leonard ..... J Burford Charities, Oxon . . ... Coggeshall — see Fiamlingham. Coventry Grammar School ..... Debenham — see Framlingham. Dulwich College . . . . . . . Etwall — Sir John Port's Hospital in, and School \ in Repton, Derbyshire . . . / Folkestone — Harvey's Charity in . . . . Framlingham, Debenham, and Levington, Snf- 1 folk ; and Coggeshall, Essex — Hitcham's /■ Charity ......) Guildford — Trinity Hospital . . ... Levington — see Framlingham. Monlton — Endowed School at ... . Nottingham — White's Charity, &c. in . . . Reading Municipal Charities v. Repton-: — see EtwaU Ruthin Charities ....... Stoke Poges Hospital ...... Swineshead — Cowley's Charity . . . . Temple Balsall — Leveson's Hospital Westminster, St. Martin- in-the-Fields — Tenison's | Library and School . . . . J 19 The master of a hospital who was a corporation sole, appointed by the presentation of a municipal corporation, and instituted by the bishop, who was visitor. Held within 5 & 6 Will. IV. o. 76, sec. 71. Huntingdon Charities, In re, 5 Jur. N. S. 950; 33 L. T., 281 ; 27 Beav. 214, R. Selection of Trustees. — In selecting trustees the question is, whether the persons proposed are proper to be appointed, not whether they are the most proper. Lancaster Charities, In re, 7 Jur. N. S. 596 ; 9 W. E. 192 ; 3 L. T. N. S. 582, V.-C.W. Migibility of Dissenters as Trustees. — ^Lands were conveyed to trustees in 1549, upon trust to appoint a schoolmaster to instruct " in all godly learning and knowledge, as in other manner of learning," to repair the school-house, to pay master's salary, and bestow the residue z 2 340 TRUSTEES. USAGE. in' repairing highways, bridges, and watercourses. Upon the question whether Dissenters were eligible as trustees, the lords justices reversed the decision of Romilly, M.R., being of opinion that education in con- formity with the doctrines of the Church of England was the primary object, and held that Dissenters were not proper persons to be trustees,' and this was cbnfirmed on appeal to the House of Lords — the Lords being equally divided. Baker v. Lee; In re Ilminster School, 8 H. L. Gas. 495 ; 7 Jur. N. S. 1 ; 30 L. J. Chanc. 625. Trustees, appointing. Vestry. Local Management Act. — The power of appointing new trustees of a charity was by a decree vested in the parishioners and inhabitants of a metropolitan parish "in vestry assembled." Held, that after the passing of the Metropolis Local Management Acts, which altered the parish vestry from an open to a close vestry, the power of appointing new trustees was vested in the newly constituted .vestry. Halye, In re, 8 Jur. N. S. 810 ; 7 L. T. N. S. 18 ; 31 L. J. Chano. 612, R. Bemoval. — Where a trustee of a Dissenting chapel had ceased to be a member of the particular body, it was held not to be a ground for his removal from the trust, the trust deed containing no provision on the subject. Attorney-General v. Glapham, 10 Hare, 540 ; 23 L. J. Chanc. 70. ■ Trustee Lessee of Charity Land. — A scheme in 1855 provided that no person should act as a trustee who should occupy any of the charity property; one of the trustees held a small piece of the charity land on lease granted in 1847 by public tender. Held, that he must give up the lease, or the trusteeship. Foord v. Baker, 27 Beav. 193. Trustees, municipal. — Appointment of new trustees under pro- visions of Municipal Corporations Act may be made by the vice- chancellors. Gloucester Charities, In re, 10 Hare (App.) iii. 'QSAGE. — See Attorney-General v. Calvert, p. 337. , "Where the origin of a charity is lost in obscurity the court will determine trusts or rights by the usage, but not where au origin contrary to long continued usage can be proved. Attorney- General V. St. Cross Hospital, 22 L. J. Chanc. 793 ; 17 Beav. 435, R. : Lay Foundation. — A founder's direction that the master of a hospital for poor without cure of souls shall be a clerk in holy orders, does not make it a spiritual foundation. Ibid. Schemes. Jurisdiction of Court. Visitor. — The court has jurisdiction to establish schemes for charities, although a special or general visitor may have been appointed by the founder. Ibid. USAGE. 341 The Hospital of St. John (Bedford) was established for the support of two or three brethren, of whom oue was to be master, and for the relief of the poor of Bedford. The rectory of St. John was always united with the mastership, and for nearly four centuries the appoint- ment of master was made by the corporation of Bedford, but there was no evidence as to how the right vested in them. The master was pre- viously elected by the brethren. The hospital corporation was still in existence, but there had been no brethren since 1444. Alms to a limited extent continued to be given to the poor. Held, that the original trust being clear the charity estates continued impressed therewith. Attorney-General v. St. John's Hospital (Bedford), 1 1 Jur. N. S. 629 ; 34 L. J. Chanc! 441 ; 13 W. E. 955 ; 12 L. T. K S. 714. A partition was made under an Act in 1819, and lot 2 in the schedule was allotted to W., and in the same schedule four measures of corn, by long custom distributed to the poor, were mentioned as attaching to that lot, though not expressly said to be charged thereon. For 30 years W. paid a sum of money in respect of the corn, and his son succeeding, his agents continued the payment for two years. Payment was then opposed. On information against the son to establish the charity the value of the corn was decreed, and affirmed on appeal, to be a charge on the land. Attorney-General v. West, 27 L. J. Chanc. 789 ; 5 Jur. N, S. 77, L. J. Where there is no instrument of foundation, or where the words are ambiguous, the usage constitutes presumptive evidence of the trusts ; but where the deed is produced, and is precise^ the pre- sumption is excluded. Attorney-General v. Gould, 28 Beav. 485 ; 7 Jur. N. S. 485. Nrf length of usage will warrant a deviation from the terms of an express trust. Attm-ney-Gmeral v. Rochester (Clorporatwn), 5 De G. Mac. & G. 797. PRECEDENTS. [Note. — ^The following Precedents ai-e given merely with a view to assist in the preparation of such documents as they may be found applicable to ; — ] Preoedent I. Pbbc. I. Form of Dbclaeation of Trust. I, {A, B.) of , {residence) in the county of , (descrip- tion) being desirous of transferring, wtth the authority of the Charity Commissioners for England and Wales, into the name of " The Official Trustees of Charitable Funds" the sum of , in order that the dividends thereof may be applied to the charitable purposes, and through the agency of the local trustees hereinafter appointed, and being required by the said Commissioners previously to such transfer, to declare the in- tended trusts of the premises , do hereby declare that the said sum of is proposed to be transferred by me, or by my procurement, into the name of the said official trustees, under the order of the said Commissioners : upon trust that the dividends to arise therefrom may for ever thereafter be paid or remitted by the said official trustees unto (names, residences, and descriptions, of the local trustees) and their successors, as the local trustees of the charity intended to be hereby created, or to any or either of the said trustees, whose receipt shaU be a sufficient discharge for the same, but for their joint account and disposal : upon trust to be applied by them to the following purposes (that is to say) {set out trusts) : And it is my desire that the charity intended to be hereby created shall be called . In witness whereof I have hereunto set my hand this day of , 18 — . Signed by the above-named in the presence of — . 344 PRECEDENTS. ^"""^ "• - Precedent II. Conditions of Sale. [Note. — In the preparation of conditions of sale, some one or more of the following special clauses, which have been prepared with a view to the protection of charities from undue risk and expense, may be found useful : — ] Where title de- The property offered for sale forms part of the ancient rived under deed or will. rived under possessions of the Charity called , created by deed [or, the wiU of ] dated the day of , 1 , of which charity the vendors are the present trustees under or by virtue of a certain Indenture, dated. the day of — ^ — , 18 — . The property is sold by the vendors as the trustees of the said charity with the consent and under the authority of the Charity Commissioners for England and Wales, and the pur- chaser thereof shall not require the production of any other evidence of title than the said several Indentures (attested copies of which will be furnished to the purchaser if desired by him at his expense, but the origin&ls of which will be retained by the vendors) ; and an of&oial copy of the order of the said Commissioners authorizing the sale, and a statutory declaration made by some competent person that the property sold has been in the possession of the trustees of the said charity for upwards of thirty years, which copies and declaration re- spectively shall be prepared and furnished at the expense of the purchaser. Where property The property offered for sale forms part of the* endowment irtbe Charitv"^ "^ *^® charity called ■ (which is now vested in the official Commissioners, trustee of charity lands by an order of the Board of Charity Commissioners for England and Wales, dated the day of 18 — , and is sold by the vendors as the trustees of the charity appointed by the same order) or [of which charity the vendors were appointed to be the trustees by an order of the Board of Charity Commissioners for England and Wales dated the day of , 18 — . The property is sold by the trustees] with the consent and under the authority of the said commissioners, and the purchaser shall admit the sufficiency of the title of the said trustees under the said order, and the vendors shall not be bound to deliver any abstract of title, or to produce aijy deeds or any other evidence of their title to PRECEDENTS. 345 the property sold, than an official copy of the order of the Pkko. III. said commissioners appointing the said trustees, and of the order of the said commissioners sanctioning the present sale, and a statutory declaration made by some competent person that the property sold has been in the possession of the trustees of the said charity for upwards of thirty years, which copies and declaration respectively shall be prepared and furnished at the expense of the purchaser. If the purchaser require any evidence to identify the property .Hentificatioa now sold with that which is described in the order of the " ^°'"^ ^' Board of the day of , 18 — , such evidence shall be furnished at the expense of the purchaser. Precedent III. Form of Conveyance of Charity Land. 1. THIS INDENTURE, made the day of , 18— BETWEEN \If tlve property he vested in the Official Trustee of Charity Lands'] Henry Morgan Vane, of No. 8, York Street, St. James's Square, in the City of Westminster, Esquire, the Official Trustee of Charity Lands for the time being constituted under the provisions of the Charitable Trusts Acts of the first part \if not vested in the Official Trustee omit the preceding clause], A. B., of &c., C. D., of &c., being the trustees of the Charity commonly called or known as Charity, in the parish of , in the county of , of the second part \or first part, as the case may he] and E. F., of &c., [purchaser] of the third part [or second part, as the case may be] : 2. WHEREAS by an order made by the Board of Charity Commissioners for England and Wales in the matter of the aforesaid charity dated the day of , 18 — , it was ordered that the said parties hereto of the second [or firsti part (hereinafter called the said trustees) should be and they were thereby appointed to be trustees of the said charity, and it was further ordered that the legal estate in the heredita- ments intended to be hereby granted should be, and the same were thereby vested in the Official Trustee of Charity Lands and his successors in trust for the said charity [or, in the said trustees, their heirs and assigns in trust for the said charity, as the case may he] : 346 PEECEDENTS. ^«^°- "^- 3. AND WHEREAS by a further order made by the said board in the matter of the said charity dated the day of , 18 — , the said trustees were authorized within six calen- dar months from the date of the said order to sell the heredita- ments described in the schedule thereunder written (being the hereditaments hereinafter described and intended to be hereby granted) for not less than the sum of £ [If sold hy auction, being the highest price offered for the same at a sale thereof by public auction lately held by the said trustees with the approval of the said board], and to do and execute all proper acts and assurances for carrying the said sale into effect, and to give a conclusive discharge tp the purchaser for the said purchase money, and the said board further authorized and directed the Official Trustee of Charity Lands in, whom the legal estate in the said hereditaments was vested for the use of the said charity, to concur in the conveyance thereof to the purchaser, if he should require such concurrence : \If the pro- perty be vested in the tnostees of the clmrity by deed, omit the preceding recitals.^ 4. WHEREAS the hereditaments hereinafter described, and intended to be hereby granted, form part of the property belong- ing to the aforesaid charity, created by an indenture bearing date the day of , 18 — , and are now vested in the trustees thereof by virtue of an Indenture bearing date the day of , 18 — , and made between A. B. of the first part, and C. D. of the second part [or as the case may be'], [here recite order authorizing sale, as in No. 3] : 5. AND WHEREAS on the day of , 18—, the said trustees in pursuance of the order for sale hereinafter mentioned, caused the hereditaments intended to be hereby granted [together with other hereditaments comprised in the said order of the day of , 18 — ^ to be put up for sale by public auction in several lots, and at such sale the said E. P. [purchaser], was declared the highest bidder for, and the purchaser of the hereditaments intended to be hereby granted, being lot — , at the price of £ ,' and thereupon paid the sum of £ — by way of deposit, and in part payment of the said sum of £ , and contracted to pay the remainder of the said sum of £ , and to complete" his purchase in accordance with certain conditions of sale, produced at the said auction on the day of , 18 — : 6. AND WHEREAS the said board having considered the PRECEDENTS. 347 premises, and being satisfied that the sale of the said heredita- Vxeo. III. ments would be advantageous to the said charity, did by a further order made in the matter of the said charity, dated the day of_ , 18 — , upon the application of the said trustees, authorize them within six calendar months from the date of the said order to seU the said hereditaments for not less than £ sterling, and to do and execute all proper acts and assurances for carrying such sale into effect, and to give a conclusive discharge to the purchaser for the said purchase money [here continue recital as in Wo. 3]- : NOW THIS INDENTURE WITNESSETH that in con- sideration of the "sum of £ to the said trustees, paid by the said \jmrchaser] at or before the execution of these presents, the receipt of which sum of £ the said trustees do hereby acknowledge, and from the same and every part thereof do acquit, release, and discharge the said [purchaser], his heirs, executors, administrators, and assigns, and every of them by these presents : He, the said Henry Morgan Vane, as such official Trustee of Charity Lands as aforesaid, according to his estate and interest in the premises, but not further or otherwise, and pursuant to the authority so given to him by the said last recited order of the said Board, and at the request of the said trustees, doth hereby grant and convey, and they, the said trustees, do and each and every of them doth grant release and confirm unto the said [purchaser] and his heirs all, (fee. [parcels], together with all houses, outhouses, buildings, yards, gardens, trees, hedges, commons, and commonable rights ways, paths, passages, watercourses, easements, privileges, and appurtenances whatsoever to the said hereditaments and pre- mises hereby assured or intended so to be, or any of them respectively belonging or appertaining, or with the same or any part thereof, held, used, or enjoyed or reputed as part thereof, or appurtenant thereto : And all the estate, right, title, in- terest, property, claim, and demand whatsoever of the said Henry Morgan Vane, as such official Trustee of Charity Lands as aforesaid, and of the said trustees respectively of, in, to or out of the said hereditaments and premises, and every part thereof : To hold the said hereditaments and premises unto the said [purchaser], his heirs and assigns ; And it is hereby declared that no widow ef the said [purchaser] shall be entitled to dower out of the said premises. And each of .them the The official trustee docs not coveoant. said trustees, severally and apart from every other of them, '™^*®* ''""^ 348 PEECEDENTS. Pbbo. in. and as concerning only Ms own separate acts and defaults, doth hereby for himself, his heirs, executors, and administra- tors, covenant with the said \^purchaser], his heirs and assigns, that the said respective covenantors have not at any time or times heretofore done, committed, or suffered, or been party or privy to any act, deed, or thing whatsoever, whereby or by reason wbereof the said hereditaments and premises hereby assured or intended so to be, or any part thereof are, is, or can be impeached, charged, incumbered, or prejudicially affected in title, estate, or otherwise howsoever. In witness, &c. INDEX. Note. — The portions of the Index which are printed in italics refer to those sections of the Charitahle Trusts Act, 1853, which have been repealed. ACCOUNTS, board may require trustees, &c., to render, s. 10, p. 6 ; s. 6, p. 44 refusal, contempt of court, s. 14, p. 8 ; s. 9, p. 45 to be kept by secretary, of stock, &o., of each charity transferred to o£Boial trustees, b. 52, p. 31 and of monies held by them on banking account, h. 20, p. 49 of receipts and payments, to be kept by trustees, s. 61, p. 35; o. 44, p. 56 statement of income and expenditwre, cmd balance sheet, to he made out, b. 61, p. 35 and to ie certified hy one or more of the trustees, s. 61, p. 35 and audited by a/uditor (if any), s. 61, p. 35 of chanties imder ZOl. per amivmi to ie sent to clerk of cownty court, s. 61, p. 35 and exceeding that amount to clerh of peace, b. 61, p. 35 to be registered by registrar of county court judgments, and clerk of county court, wad clerk of the peace respectively, s. 61, p. 35 and to be open to inspection on payment of Is., s. 61, p. 35 copies of, may ie had on payment of 2d. per folio, e. 61, p. 35 duplicate of statement a/ad bala/ace sheet to be sent to board, b. 61, p. 35 of chanties exceeding 30Z. per annum to be sent to clerk of county court as well as clerk qf the peace, if iowrd direct, s. 61, p. 36 board may make orders as to delivery and publication of, b. 61, p. 35 section 61 of principal Act, except as to entry of accounts by trustees in books, repealed, as to accounts which trustees, &c., were not bound to render before passing of amended Act, s. 44, p. 56 trustees, &c., before 24tli March, 1856, to transmit to board account of endowments, ». 44, p. 56 and similar accounts before 25th March next after the acquisition of any endowment, s. 44, p. 56 and an account of any alienation, charge, or transfer before 25th March next following, s. 44, p. 56 350 INDEX. ACOOViSTB— continued. trustees to render annual accounts to board, of income arising from endowment — of balances in hand — of receipts and payments — and of monies owing to or from the charity, ». 44, p. 56 to be certified under the hand of one or more of the trustees, &c., s. 44, p. 56 to be audited by auditor (if any), ti. 44, p. 66 parochial charities — copies of accounts of, to be delivered to church- wardens, 8. 44, p. 56 who are to present same at nest general vestry, ». 44, p. 56 and insert copy in the minutes, n. 44, p. 56 such accounts to be open to inspection at seasonable hours, s. 44, p. 66 copies or extracts of, may be had on payment of 2d. per folio, s. 44, p. S6 board may prescribe regulations as to inspection of, s. 44, p. 56 and make orders as to delivery of, s. 45, p. 58 and as to forms of, s. 45, p. 58 trustees, &c., to execute orders as to, s. 46, p. 68 to be annually laid before parliament by official trustees, of stocks, &c., transferred to them, monies paid to them, and the investment thereof, stock, &c., sold by them or transferred, and amount held by them, s. 18, p. 67 ACCUMULATION FUND. See Sinkinq Fukd. ADMINISTKATOES OP CHARITIES. See Trustees. ADVERSE CLAIMANTS, persons claiming adversely to charities not required to give information or produce deeds, &c,, s. 15, p. 8 ; s. 6, p. 44 Act not to affect proceedings by, s. 17, p. 10 persons holding property adversely at time of passing of Roman Catholic Charities Act, not to be affected thereby, s. 6, p. 76 ADVICE, board to consider applications of trustees, &c., for, s. 16, p. 9 board may give, if they think fit, s. 16, p. 9 subject to any subsequent judicial order by competent court or judge, s. 16, p. 9 to be in writing, s. 16, p. 9 and signed hy two or more commisnoners cmd sealed with their seal, s. 16, p. 9 ; 6. 4, p. 44 indemnity to persons acting upon, ». 16, p. 9 except in cases of fraud, &c., n. 16, p. 9 no subsequent judicial order to have retrospective effect, 8. 16, p. 9 board before giving, may direct local inquiry by inspector, s. 19, p. 11 ADVOWSON, sale of, where master could not conveniently hold living, Attorney- General V. York (Archbishop of), p. 335 AGENTS OF TRUSTEES. See Trustees. INDEX. 351 ALMSHOUSES, endowment of, bequest for, Philpott v. St. George's Hospital, pp. 320 — 321 establishing, bequest for, Martin v. Wellsted, p. 321 ; Dent v. AUcroft, p. 321 ; Dunn v. Bownas, p. 321 inmates of, religious tenets, Attorney-General v. Calvert, p. 337 ALMSMAN. See Recipient of Charity. ANNUITIKS. See Stock. APPEAL, determinations of equity judges at Chambers not subject to, where annual income under lOOJ., s. 28, p. 17 save as provided by rules to be made by Lord Chancellor, &c., s 28, p. 17; s. 31, p. 19 against order of district and county courts, may be made with sanction of board within one month after making of order, o. 39, p. 2i jiotice of, to be given to court and board, ». 39, p. 24 board may require appellant, except attorney-general, to enter into bond for payment of costs, b. 39, p. 24 such bond exempt from stamp duty, b. 39, p. 24 attorney-general may appeal within three months after making of order, e. 39, p. 24 appellant to present petition to chancery within three months from date of allowance of, s. 40, p. 25 otherwise order to be final, k. 40, p. 25 court may confirm, reverse, or alter order appealed against, s. 40. p. 25 or remit case for reconsideration, s. 40, p. 25 or proceed as in case of an application at chambers, b. 40, p. 25 bond as to costs of, may be put in suit, if costs not paid, s. 40, p. 25 statement in' certificate of board to be evidence for determining jurisdic- tion and right of, s. 44, p. 27 against order of board, may be made by attorney-general, or person authorized by him, or by the board, s. 8, p. 62 any trustee, &c., or any two inhabitants of parish interested, may appeal where income exceeds 502., n. 8, p. 62 to be within three months, by petition to Court of Chancery, s. 8, p. 62 by schoolmaster or other officer removed by board without concurrence of the trustees, or special visitor, to be made within two months, s. 8, p. 62 court may require from board reasons for making order appealed against, s. 8, p. 62 court may require security for costs of, from appellant, except attorney- general, 3. 8, p. 62 appellant to give twenty-one days' notice of appeal to board, s. 8, p. 62 court may make any order aa to costs incidental to, o. 9, p. 63 attorney-general, or person authorized by him, or by board, may be respondent on, s. 9, p. 63 352 . INDEX. APPEAL — contim^d. time for, Hackney Charities, In re, p. 309 where no appeal, lb., p. 309 APPLICATIONS, to board, board to prescribe regulations concerning form and manner of, o. 7, p. 5 to be made by trustees or persons administering, &c., charity, for advice, b. 16, p. 9 as to leases, ^ repairs, ( . . i r s. 21, p. 12 improvements, I ^ mortgages, J sales, ) exchanges, ] s. 24, p. 15 redemption of rent charges, &o., a. 25, p. 15 to bo made by trustees or persons administering, &c., charity or by two or more inhabitants of parish for orders appointing or removing trustees, s. 2, p. 60 removing schoolmasters, mistresses, and other ofScers, B. 2, p. 60 assuring, transferring, payment, or vesting real or per- sonal estate, s. 2, p. 60 establishing schemes, s. 2, p. 60 to be by trustees or persons administering, &c., charity, or a majority of them, where income amounts to 502. or upwards, s. i, p. 60 to be in writing under their hands, if unincorporated, s. 4, p. 60 or under their common seaVif incorporated, s. 4, p. 60 attorney-geueral may make, to Court of Chancery, s. 18, p. H ; s. 1, p. 74 notice to be given of, as to schemes or for appointment or removal of trustees, s, 42, p. 26 to any court or judge, may be made by attorney-general, s. 43, p. 26 or by trustees or persons administering, &c., charity, with sanction of board, s. 43, p. 26 or by two or more inhabitants of parish, with sanction of board, b. 43, p. 26 for extending act to exempted charities, how to be made, a, 63, p. 39 Roman CatJioUc cha/ritiei, attorney-general, or person authorized by board, may make, to Court of Chancery, s. 1, p. 74 to board, to be by persons administering estate or a majority of them, B. 1, p. 74 APPLICATION OF FUNDS (Cases as to). See Chabitt. APPOINTMENT OP TRUSTEES. See Tetjstees. • APPORTIONMENT, charities of parishes divided into separate parishes or districts may be apportioned by board, where income docs not exceed SOU, b. 10, J). 46 INDEX. 353 APPORTIONMENT— p. 15 leasee, sales, eschanges, &c., authorized by, to be valid, e, 26, p. 16; s. 38, p. 55 trustees may purchase sites for buildings from owners under disability, with sanction of, s. 27, p. 16; a. 41, p. 56 where two or more district or county courts have concurrent jurisdiction, to direct to which court application shall be made, s. 34, p. 21 may direct cases within jurisdidtion of such courts to be taken before a judge of the Court of Chancery, s. 35, p. 21 or charities within jurisdiction of Palatine Court of Lancaster before s judge of the same court, or before a judge of the Court of Chancery, s. 35, p. 21 orders of district or county courts for appointment or removal of trustees, or establishing scheme, to be transmitted to board for consideration, a. 36, p. 22 such orders not to he valid until approved by, s. 36, p. 22 approval not to issue until one month after receipt of copy, order, &c., s. 36, p. 22 may remit such order for reconsideration, s. 37, p. 22 S58 INDEX. BOkBD—contimeed. or may direct the matter to be Bubmitted to a judge of the Court of Chancery, a. 37, p. 22 or a judge of the Palatine Court of Lancaster 88 to charities within the jurisdiction of that court, s 37, p. 22 may allow appeal against orders of distriot or county courts, s. 39, p. 24 notice of appeal to be given to such court and to board within one month from making of order, t*. 39, p. 24 attorney-general may appeal without giving notice, m. 39, p. 24 may require appellant, except attorney-general, to enter into bond for payment of costs, B. 39, p 24 notice of certain applications to courts to be given as directed by, s. 42, p. 26 statement in certificate of, as to income of charities, to be evidence for determining jurisdiction or right to appeal, s. 44, p. 27 for purpose of determining jurisdiction, may treat any particular endow- ment as forming part of general endowment of charity, or as a sepa- rate charity, s. 44, p. 27 may provide a repository for custody of deeds, &o., relating to charities, b, 53,.p 31 may provisionally approve and certify schemes for charities not capable of being established otherwise than by authority of parliament, s. 54, p. 32 notice to be given of such approval, s. 55, p. 32 to consider objections or suggestions as to schemes, a, 56, p. 33 and may thereupon alter or modify the same, s. 56, p. 33 may refer schemes to inspector for local inquiry, s, 57, p. 33 and consider report of inspector thereon, s. 58, p. 34 and may proceed to approve schemes with or without any alterations, s. 58, p. 34 and to certify same under their seal, s. 59, p. 34 to direct notice to be given of their intention to proceed with schemes, B. 59, p. 34 to make report to Her Majesty in February in every year of their pro- ceedings, up to Slst December then last pastjS. 60, p. 34 such report to be laid before parliament, s. 60, p. 34 to set forth in report all schenies approved by them, s. 60, p. 34 with the grounds of approval and any objections made thereto, and the proceedings had in respect thereof, s. 60, p. 34 accounts to be sent to — See Accounts — s. 61, p. 35; s. 44, p. 56 exempted charities, s. 62, p. 37 ; s. 47, p. 58 ; s. 49, p. 59 upon petition of trustees of exempted charities, commissioners may make orders admitting same to benefit of Act, either generally or partially, B. 63, p. 39 questions upon certain points amongst members of (exempted, s. 64 ; not exempted, b. 46) — charities may be referred to arbitration of oommis- sioners, s. 64, p. 39 ; s. 46, p. 58 commissioners to accept such reference, s. 64, p. 39 INDEX. 35'J BOARD— conitKijeA their award to be final, o. 64, p. 39 and may be made a rule of Court of Chancery, s. 64, p. 39 interpretation of term, s. 66, p. 41 acts of, may be authenticated by seal of eommisaioners and signature of secretary, or, in his absence, of chief clerk, s. 4, p. 44 orders, &o., and other documents under seal of, to be taken as originals B. 5, p. 44 and received in evidence, s. 5, p. 41 copies of, to be entered in books of the, s. 5, p. 44 and certified by signature of secretary, or, in his absence, of chief clerk, B. 5, p. 44 may require written accgunts, &c., from trustees and others, except per- sons claiming adversely to charities, s, 6, p. 44 and may require same to be verified upon oath, d. 6, p. 44 and administer oath, b. 6, p. 44 may requu-e trustees, &c., to attend, and be examined, upon oath or other- wise, s. 7, p. 45 and to produce documents, s. 7, p. 45 may examine on oath, or otherwise, persons voluntarily attending, s. 7, p. 45 requisitions to trustees, &c., to be made by order of — or by precept, under hand of commissioner or inspector, s. 8, p. 45 non-compliance with requisitions or orders of, contempt of chancery, s. 14, p. 8 )• s. 9, p. 46 may apportion charities and endowments, where income does not exceed 30«.,s.l0,p.46 and appoint separate trustees of any part of such endowments, s. 10, p. 46 certificate of, as to income of charity, to be evidence for determining jurisdiction to apportion charities, s. 11, p. 46 not to make order for apportionment until after public notice, s. 13, p. 47 nor until expiration of one month after publication of such notice, s. 13, p. 47 to consider objections to proposed order for apportionment, s. 14, p. 47 may suspend making of order for further inquiry, s. 14, p. 47 or may modify same, u. 14, p. 47 notice of order to be given as board may direct, s. 14, p. 47 stock may be transferred, or money paid to official trustees, under order of, s. 22, p. 60 copies of orders by any court or judge for transfer, &c., to or by official trustees, to be transmitted to, s. 26, p. 51 dividends on stock certified by board to be exempt, to be paid without deduction of income tax, s. 28, p. 52 trustees not to sell, mortgage, or charge charity estates, or grant leases in reversion, or for lives, or on fine, or for more than twenty-one years, without sanction of board or other competent authority, s. 29, p. 52 360 INDEX. BOAR D — continued. authorizing mortgage of charity estate, to make provision for discharge of debt within thirty years, s. 30, p. 52 may authorize compromise of claims, Ac, against any charity, or trus- tees, n. 31, p. 53 may authorize payment for equality of exchange, or partition and inci- dental expenses, s. 32, p. 53 and the raising of money on mortgage for such purposes, s. 32, p. 63 may determine specific part of lands subject to rent-charge, &c., payable to charities not exceeding 102. per annum, on application of trustees, with consent of persons interested, s. 33, p. 53 and may direct payment of expenses of procuring such order or orders of exchange or partition, s. Si, p. 54 may authorize re-inyestment in land of money arising £rom sale or equality of exchange, s. 35, p. 54 order for such re-investment, or providing incidental costs, to be carried into effect by trustees, &c,, s. 36, p. 54 may direct official trustee of charity lands to convey, s. 37, p. £4 and official trustees of charitable funds to transfer stock, &c., s. 37, p. 54 leases, sales, exchanges, partitions, and transactions authorised by, to be valid, notwithatanding disabling Acts, s. 38, p. 55 may prepare and approve schemes for letting charity property, s. 39, p. 55 may order costs of solicitors to be taxed, s. 40, p. 55 deeds, wills, or documents relating to charities, may be enrolled by, s. 42, p.;56 copies of such enrolment certified by secretary, or one commissioner, to be evidence, s. 42, p. 56 office of, substituted for office of registrar of county court judgments for purposes mentioned in sections 55 and 59 of principal Act, s. 43, p. 56 trustees, ftc, to transmit accounts to — See Aooounts — s. 44, p. 56 may prescribe regulations as to inspection of accounts, s. 44, p. 56 and make orders relative to their delivery, s. 45, p. 58 and forms of such accounts, b. 45, p. 58 such orders to be executed by trustees, &c., s. 45, p. 58 may make orders for appointment and renioval of trustees, s. 2, p. 60 and for removal of schoolmasters, mistresses, and other officers, s. 2, p. 60 and for assurance, transfer, payment, or vesting of real or personal estate, s. 2, p. 60 or for the establishment of schemes, s. 2, p. 60 to notify to trustees intention to exercise jurisdiction under Charitable Trusts Act, 1860, s. 3, p. 60 not to make orders under such Act, where income amounts to 502. or upwards, except on application of trustees, or a majority of them, s. 4, p. 60 application to be in writing, s. 4, p. 60 INDEX. 361 BOARD — conHrmed. not to remove trustees on ground only of religious belief, s. 4, p. 60 not to exercise jurisdiction in contentious cases, or cases involving questions of law or fact, which they may consider more fit to be adjudicated on by any judicial court, s. 5, p. 61 not to make orders appointing or removing trustees, or establishing schemes, until after one month's public notice, s. 6, p. 61 nor removing a trustee, schoolmaster, &c., residing in Great Britain or Ireland (not consenting to be discharged), until after one month's notice to person proposed to be removed, s. 6, p. 61 nor until sufficient hearing before board, commissioner, or inspector, s. 6, p. 61 to specify in every notice particulars of objects of proposed orders, s. 6, p. 61 to consider objections and suggestions as to orders, s. G, p. 61 may withhold, suspend, or modify proposed orders, a. 6, p. 61 publicity to be given to orders of, s. 7, p. 62 may authorize appeal against their orders, s. 8. p. 62 any trustee, &c., or any two inhabitants of pariah interested, may appeal where income exceeds 50i, s. 8, p. 62 persons authorized by, may be respondents on appeal, s. 9, p. 63 jurisdiction vested in, exercisable as to charities vested in corporations being recipients of the benefits thereof, s. 10, p. 63 may empower official trustees to receive and recover dividends, &c., in arrear, s. 12, p. 64 order under seal of, certifying removal of schoolmaster, to be evidence of facts thereby certified, s. 13, p. 64 copy resolution of trustees for removal of schoolmaster, &c., to be trans- mitted to, 8. 14, p. 65 such resolution not to take effect until approved by, s. 14, p. 65 may prescribe conditions under which such resolutions shall come into operation, u. 14, p. 65 may authorize application of monies raised on security of charity pro- perty, to purposes beneficial to charity or objects not inconsistent with trusts, s. 15, p. 66 may require transmission of deeds, &o., in which charities solely in- terested, for examination, o. 19, p. 68 may retain such deeds, &c., or issue same to the trustees, n. 19, p. 68 orders of, under Charitable Trusts Act, 1860, enforceable, and subject to same provisions as under former Arts, s. 20, p. 68 to make minutes relative to proceedings under Charitable Trusts Act, 1860, s. 21, p. 68. >See Minutes, p. 304 jurisdiction of, may be exercised in certain cases notwithstanding Act, Decree, &c., s. 1, p. 70 persons authorized by, may apply to Court of Chancery or judge, under section 1 of Roman Catholic Charities Act, s. 1, p. 74 may apportion estates subject to charitable trusts, for benefit of Catholics, so that a proportion be subject to the lawful trust declared by the 362 INDEX. BOARD — continued. donor, and the residue to lawful charitable trusts, for the benefit of Catholics, s. 1, p. 74 and establish schemes for giving effect to such apportionment, s. 1, p. 74 and appoint trustees of the several portions of the apportioned estate, s. 1, p. 74 and vest estate in trustees so appointed, s. 1, p. 74 21 & 22 VIC. c. 71 may make orders substituting bishop of one diocese for another as to certain trusts. See Bishops' Tbusts Substitution. 22 VIC. c. 27 may appoint trustees of recreation grounds, B. S,,p. 294 and may approve bye-laws for their regulation, n. 6, p. 295 BOARDERS, as to admission, Attomey-Seneral v. Gloucester (Corporation), p. 334 Bristol Grammar School, In re, p. 334 BOND, board may require, from appellant, except attorney-general, for payment of costs of appeal, a. 39, p. 24 such bond to be exempt from stamp duty, s. 39, p. 24 and may be put in suit, if costs not paid, s. 40, p. 25 BRIDGES, REPAIR OF. See Chabitable Uses. BRITISH MUSEUM, Act not to extend to, s. 62, p. 37 BURIAL GROUND, 15 & 16 VIC. c. 86 land vested in guardians of poor, churchwardens, overseers, feoffees, or trustees, for benefit of parish or any specific charity, may be appro- priated by Burial Board, o. 29, p. 292 - land subject to charitable use to be taken on such conditions as Court of Chancery shall direct, s. 29, p. 292 CAMBRIDGE. See Universities. CANAL SHARES (Cases as to). See Mortmain. CAPITAL, outlay of, 'Willenhall Chapel Estates, In re, 310 CAPITATION FEES (Cases as to). See School. CAPTIVES (Rbliep or Redemption or). See Charitable Uses. CATHEDRAL. See Church. CAUSEWAYS (Repair of). See Chakitaelb Uses. CERTIFICATES AND ORDERS OF BOARD. See aho Orders. to be entered in books, a. 8, p. 6 ; s. 5, p. 44 secretary to sign entries, s. 8, p. 6 ; s. 5, p. 44 copies, certified by secretary, to be received as evidence, s. 8, p. 6 ; s. 5, p. 44 iNDJix. 363 CERTIFICATES AND ORDERS OP BOARD- com(Mmed. and in his absence, by chief clerk, s. 5, p. 44 to be in form directed by board, o. 17, p. 10 courts not to entertain proceedings as to charities except upon, s. 17, p. 10 not necessary where proceedings actually pending, s. 17, p. 10 or where persons claim adversely to charities, s. 17, p. 10 board before granting, may direct local inquiry by iijspector, s. 19, p. 11 statement in, as to income of charity, to be sufficient evidence for deter- mining jurisdiction or right of appeal, s. 44, p. 27 schemes (parliamentary) approved by board to be embodied in a, a. 59, p. 34 such certificate to be deposited in parish or district interested in charity, s. 59, p. 34 and at office of board (formerly with registrar of county court j udg- ments, in London), s. 59, p. 34 ; s. 43, p. 56 and notice to be given of such deposit, stating also intention of board to proceed with scheme, ». 59, p. 34 under seal of board to be taken as originals, a. 5, p. 44 and to be received in evidence, s. 5, p. 44 of board, as to income of charity, to be evidence for determining jurisdic- tion to apportion charities, ti. 11, p. 46 persons authorized by, may apply to Court of Chancery or judge, under section 1 of Roman Catholic Charities Act, s. 1, p. 74 where necessary — Attorney-General v. Sidney Sussex College, Cambridge, p. 317 Bingley Free School, In re, p. 311 Faversham Charities, In re, p. 318 Jarvis, In re, p. 31 Lister's Hospital, In re, p. 310 Meyrick's Charity, In re, p. 311 St. Giles and St. George, Bloomsbury, In re, p. 310, 311 St. Giles Volunteer Corps, In re, p. 310, 311 Watford Burial Board, Ex parte, p. 310 CHANCERY, COURT OF, contempt of, s. 14, p. 8 ; s. 9, p. 45 costs of, to be paid by persons committed, as court shall direct, o. 14, p. 8; 8. 9, p. 45 judges at chambers to exercise jurisdiction over charities having annual incomes exceeding 30Z., s. 28, p. 17 and may direct matters to be heard in open court, s. 28, p. 17 and determine what matters shall be heard by themselves and their chief clerks respectively, s. 28, p. 1 7 and may direct proceedings to be taken by bill, &c., s. 28, p. 17 their determinations not subject to appeal (unless otherwise provided by rules to be made by Lord Chancellor) where annual income under 1001., ». 28, p. 17 of County Palatine of Lancaster— judges of to have jurisdiction over 364 INDEX. CHANCERY, COURT OF— continued. charitiea exceeding 302. per annum within the jurisdiction of that court, a. 29, p. 18 and may make rules for regulating proceedings under Act, s. 29, p. 1 8 judges of, to have jurisdiction over charities in London of any amount, s. 30, p. 19 rules as to proceedings under Act may be made by Lord Chancellor, &c,, • 8. 31, p. 19 board may direct cases within jurisdiction of district or county court, to be taken before a judge of, s. 35, p. 21 or cases within jurisdiction of Palatine Court of Lancaster, before a judge of the same court, or before a judge of the, s. 35, p. 21 judges of, to exercise jurisdiction over cases referred to them under 37th section of principal Act, as if income of charity exceeded 30/., a. 37, p. 22 orders, &c., of district and county courts may be referred to judges of, if disapproved by board, s. 37, p. 22 appeal against such orders to be made by petition to, ^'. 40, p. 25 may confirm, vary, or reverse such orders, ». 40, p. 25 or remit same back for reconsideration, o. 40, p. 25 no judge of, on proceedings under Act, to try titles to property, s. 41, p. 25 notice of certain applications to, to be given as directed by board, s. 42, p. 26 by whom applications to, under Act, may be made, s. 43, p. 26 attorney-general may apply under jurisdiction created by Charitable Trusts Act, 1863, or by petition under Act 52 Geo. IIL, c. 101— s. 43, p. 26 statement in certificate of board as to income, to be evidence for deter- mining right to appeal against determinations of judges of, s. 44, p. 27 may direct charity lands to be vested in official trustee of charity lands (formerly treasurer ofpMic charities), o. 48, p. 29; s. 15, p. 48 and may direct compensation to be made to lord of manor for fines in respect of copyhold property so vested, s. 48, p. 29 may direct that land vested in such official trustee (formerly treaawer), shall be devested and vested in the acting trustees, ti. 49, p. 30 may order transfer, fee, of annuities, stock, &c., to official trustees of charitable funds, s, 51, p. 30 and may direct official trustees to transfer or dispose of such annuities, &c., B. 52, p. 31 meaning of expression in Act, s. 66, p. 41 court or judge having jurisdiction to order transfer of stock, &c., to official trustees, may authorize them to call for a transfer of, and to .. transfer stock, &c., o. 12, p. 46 and order payment to them of principal monies, s. 12, p. 46 board (subject to certain restrictions) may make certain orders which may now be made by, d. 2, p. 60 INDEX. 365 CHANCERY, COURT OF—contin'oed. may require from board reasons for making orders appealed against, s. 8, p. 62 may empower official trustees of charitable funds to receive and recover dividends, &c., in arrear, s. 1^, p. 64 may apportion estates subject to charitable trusts for benefit of Catholics, so that a proportion be subject to the lawful trust declared by the donor, and the residue to lawful charitable trusts for the benefit of Catholics, s. 1, p. 74 may establish schemes for giving effect to such apportionment, b. 1, p. 74 may appoint trustees of the several portions of the apportioned estate, ». 1, p. 74 may vest estate in trustee^ so appointed, s. 1, p. 74 CHAPEL bequest for founding, Hopkins v. Phillips, p. 322 bequest towards " erection-" of new. Booth v. Carter, p. 322 legacy for repair of, and poor, Booth, In re, p. 312, 313 legacy to minister for support of " Unitarians," Barnett, In re, p. 311 legacy for reduction of debt on chapel, Bunting v. Marriott, p. 311 private, of charity cannot be granted by a trustee under Church Building Acts, Attorney-General v. Manchester (Bishop), p. 316, 317 trust for minister's house. Ward v. Hipwell, p. 312 tenets, change of, Attorney-General v. Aust, p. 311 Newsome v. Flowers, p. 311 trusts, modification of, Attorney-General v. Clapham, p. 312 trustees, appointment and removal of, Lincoln Primitive Methodist Chapel, In re, p. 312 title of petition for appointment of, Varteg Iron Works Wesleyan Chapel, In re, p. 339 CHAPELS (DISSENTING). See also Exemptions. r building registered as place of meeting for religious worship. Act not to extend to, B. 62, p. 37 charities exempted, may petition for benefit of Act, either generally or as to any provisions thereof, s. 63, p. 39 CHARITABLE DONATIONS, 52 GEO. III. c. 102 memorial of deeds, &c., respecting, to be registered within six months after Act, s. 1, p. 124 and of future donations within twelve months, s. 2, p. 1 25 clerks of peace to provide registers, s. S, p. 125 notice to be given in London Gazette if persons to be benefited not wholly within one county, s. 4, p. 126 if donation not registered petition may be presented to Lord Chancellor, s. 5, p. 126 no proceedings under Act to decide right, &c., to property registered, s. 6, p. 127 olerk of peace to make searches and give copies of registers, s. 7, p. 127 366 INDEX. CHARITABLE no's ATWSS— continued. allowance to clerk of peace, 8. 8, p. 127 and for inserting notification in Gazette, s. 8, p. 127 farther time to be allowed where difBculties occur, a. 9, p. 128 costs attending preparing memorials to be allowed, b. 10, p. 123 extent of Act, a. 10, p. 128 exemptions from Act, s. 11, p. 129 ; s. 12, p. 130; s. 13, p. 130 divers charities may be stated in memorial, s. 14, p. 131 saving clause, s. 15, p. 1 31 schedule to Act, p. 131 CHAEITABLE PURPOSES (Companies for). See Mobtmain. CHARITABLE TRUSTS ACT, 1853. certain provisions of Lands Clauses Consolidation Act incorporated with, s. 27, p. 16 title of, 8. 68, p. 42 to he construed together with Charitable Trusts Amendment Act, s. 1, p. 43 not to extend to colleges of Eton or Winchester, s. 49, p. 59 jurisdiction of courts of bankruptcy and county courts under, extended to charities whose income does not exceed 502., a. 11, p. 64 CHARITABLE TRUSTS AMENDMENT ACT, 1855, to be construed together with Charitable Trusts Act, 1853 (principal .Act), s. 1, p. 43 ■ provisions of principal Act inconsistent with, repealed, s. 1, p. 43 not to extend to cases excepted by 62nd section of principal Act, a. 47, p. 58 - nor to colleges of Eton or Winchester, s. 49, p. ■ 9 title of, s. 60, p. 59 CHARITABLE TRUSTS ACT, 1860. to be construed together with principal and amended Acts, o. 1, p. 59 provisions of principal and amended Acts inconsistent with, repealed, s. 1, p. 59 board to make minutes relative to proceedings under, ». 21, p. 68 title of, s. 26, p. 69 CHARITABLE TRUST. lawful (for benefit of Catholics), not to be invalidated by reason only of the addition of any trust deemed to be superstitious, s. 1, p. 74 CHARITABLE USES, 43 ELIZ. c. 4, bridges, repair of, s. 1, p. 81 captives, relief or redemption of, s. 1 , p. 81 causeways, repair of, s. 1, p. 81 churches, repair of, b. 1, p. 81 correction, houses of, relief stock or maintenance for, h. 1, p. 81 decayed persons, snpportation aid and help of, s. 1, p. 81 INDEX. 367 CHARITABLE VSUS— continued. education and preferment of orphans, a. 1, p. 81 fifteens, aid or eafle of poor inhabitants concerning, s, 1, p. 81 handicraftsmen, supportation aid and help of young, a. 1, p. 81 havens, repair of, s. 1, p. 81 highways, repair of, s. 1, p. 81 houses of correction, relief stock or maintenance for, a. 1, p. 81 mariners, maintenance of sick and mained, s. 1, p. 81 marriages of poor maids, s, 1, p. 81 orphan, education and preferment of, a. 1, p. 81 ' poor inhabitants, aid or ease of, concerning fifteens, s. 1, p. 81 poor people, relief of aged impotent and, a. 1, p. 81 ports, repair of, s. 1, p. 8J prisoners, relief or redemption of, ». 1, p. 81 scholars in universities, -s. 1, p. 81 schools, free, s. 1, p. 81 schools of learning, ». 1, p. Bl sea banks, repair of, s. 1, p. 81 soldiers, maintenance of sick and maimed, a. 1, p. 81 soldiers, setting out of, a. 1, p. 81 taxes, aid or ease of, s. 1, p. 81 tradesmen, supportation aid and help of young, s. 1, p. 81 universities, scholars in, s. 1 , p. 81 purchasers (without notice) of lands, &c., subject to, not to be impeached by decress, &c., vmder statute of, s. 6. p. 84 See also Mortmain. CHARITY, persons acting in the administration of — See Trustees. interpretation of term " Charity," s. 66, p. 41 ; s. 48, p. 69 ; s. 8, p. 77 See also Chabitable Uses, 43 Eliz. e. 4 animals, institution for study, &c., of maladies of. University of London V. Yarrow, p. 315 application of income, Anderson v. Wrights of Glasgow, p. 312 application of surplus and increased income : Attorney-General v. Cambridge (Trinity College), p. 312 Booth, In re, p. 312, 313 Ashton's Charity, In re, p. 313 Attorney-General v: Jesus College, Oxford, p. 314 Attorney-General v. Windsor, p. 313 Beverley (Mayor) v. Attorney-General, p. 313 Southmolton (Mayor) v. Attorney-General, p.314 education all over the world. Whicker v. Hume, p. 315 emigration, Barclay v. Maskelyne, p. 315 endowment, definition of. Corporation of the Sons of the Clergy s. ' Sutton, p. 314 founded in England but administered abroad within 16 & 17 Vic. c. 137, In re Duncan, J n 315 In re Taylor's Ti-usts, ) 368 INDEX CUARITY— continued. and vice versd, p. 315 legacy given generally, to unendowed institution not within C. T. Acts, Wilson, In re, p. 314 legacy to non-existing institution, Langford v. Gowland, p. 316 legacy for payment of fines under game laws, Thrupp v. Collett, p. 316 legacy to publish particular writings, Thornton v. Howe, p. 316 legacy to "aged widows and spinsters," Thomson v. Corby, p. 316 bequest for benefit of vicar, Parker, In re, p. 316 rates, local, Attoruey-Qeneral v. Eastlake, p. 315 rates, poor, Attorney-General v. Blizard, p. 315 religious tenets, distributive charities, Attorney-General v. Calvert, p. 837 resulting trust, Attorney-General v. Craven, p. 315, 316 superstitious uses, what are not, Michel's Trust, In re, p. 316 CHIEF CLERK, acts of board to be authenticated by seal of commissioners and signature of secretary, or in his absence of, s. 4, p. 44 entries in books of board to be certified by signature of secretary, or in his absence of, b. 5, p. 44 CHURCH, Repair op. See Chabitable Uses. 48 GEO. III. u. 108, repealed by 14 & 15 Vic. u. 71, o. 1, but referred to in " Church Building Society v. Coles," p. 323 58 GEO. III. c. 45, Cliurch-building Commissioners may accept buildings for conversion into churches, s. 33, p. 137 or lands, &c., for sites of churches, chapels, churchyEirds, and approaches, s. 33, p. 137 or house, garden, &c. (not exceeding ten acres), for residence of spiritual person serving church, &c., o. 33, p. 137 (but see 1 & 2 Vic. u. 107, B. 9, p. 145) bodies politic, &c., trustees and feoffees in trust may sell and convey for same purposes, s. 36, p. 137 application of proceeds \ '■ ''' P' ^'^ l ^^ ^^'° « ^ » ^^<'- <=• 7»' «• ^^' ''^ ^ ( s. 46, p. 139 ( p. 146 69 GEO. III. e. 134, powers as to purchasing lands for churches extended to churchyards, s. 37, p. 140 3 GEO. IV. c. 72 ordnance and other departments, ) may give messuages, &c., for sites, s. corporations, trustees, &c. ) 1, p. 141 ( may surrender trustees of endowments, &c., for use of church, &c., and ] right of patron- bodies politic, &c., trustees, &c. j age, &c., s. 1 6, ( p. 144 or enter into agreement relating thereto, s. 15, p. 144 for better enabling conversion of church, &c., into district church, &o., s. 16, p. 144 INDEX. 369 CH URC H — conliwaed. 1 & 2 VIC. 0. 107, powers (by Act 68 Geo. 3, c.'45) to extend to transfer by sale or exchange only, of land not exceeding five acres, b. 9, p. 145 3 & 4 VIC. c. 60, surplus land may be applied to other ecclesiastical, parochial, or charit- able uses, B. 19, p. 145 (extended by 4 & 5 Vic. c. 38, s. 19, p. 231) 8 & 9 Vic. t. 70, application of purchase-money amounting to or exceeding 2002. s, 1 9, p. 146 (Cases as to). See also Mobtmain and Trustees. windows and ornaments in, Hoare v. Oabome, p. 33S fabric, ib., p. 338 monuments, ib., p. 338 ; and Rigley, In re, p. 338 vault in chnrchyard, «6., p. 338 tombs in churchyard, Rigley, In re, 338 private chapel of charity cannot be granted by a trustee under Church Building Acts, Attorney-General v. Manchester (Bishop),, p, 316, 317 CHURCH, COLLEGIATE OR CATHEDRAL, Charitable Trusts Act not to extend to, h. 62, p. 37 43 ELTZ. u. 4, Charitable Uses Act not to extend to, a. 2, p. 83 CHURCH OF ENGLAND, rights and privileges of, with respect to charities reserved, s. 46, p. 28 CHURCHWARDENS, accounts of parochial charities to be delivered to. — See Aoootjnts j to present such accounts at next general vestry. — See Acoounts CHUECHTARD. See Chukch. CLERK OP THE PEACE, accounts of charilies exceedmg SOI. per annum to be sent to, s. 61, p. 35 ; s. 44, p. 56 to keep amd register imch accounts, s. 61, p. 35; s. 44, p. 56 and allow inspection thereof on payment of Is., s. 61 , p. 35 ; a. 44, p. 56 and supply copies on payment of %d. per folio, s. 61, p. 35 ; s. 44, p. 56 CLERKS, to be appointed by commissioners, h. 3, p. 4 to hold office during pleasure of commissioners, s. 3, p. 4 salaries of, s. 4, p. 4 travelling and other expenses of, s. 4, p. 4 COLLEGES, 43 ELIZ. M. i, within Universities of Oxford or Cambridge, Westminster, Eton, and Winchester, exempted from operation of 43rd Eliz. s. 2, p. 83 informations gainst, Attorney-General v. Sidney Sussex College, Cam- bridge, p. 317 B B 370 INDEX. COLLEGIATE CHURCHES. See Chuboh. COLONIES, land in. Whicker v. Hume, p. 324 COMMISSIONERS. See also Board. how appointed, a. 1, p. 3 number of, s. 1, p. 3 term of office, s. 1, p. 3 survivors to act in case of vacancy, s. 1, p. 3 vacancies, how to be filled up, s. 1, p. 3 qualification of, s. 2, p. 4 one to be chief commissioner, s. 2, p. 4 to appoint clerks and messengers, s, 3, p. 4 vrho shall bold office during pleasure of, s. 3, p. 4 salaries of, s. 4, p. 4; s. 2, p. 43 travelling and other expenses of, o. 4, p. 4 paid, not to sit in House of Commons, a. 5, p. S style of, o. 6, p. 5 may have a seal, a. 6, p. 5 may sit as a board, s. 6, p. 5 two may form a board, s. 6, p. 5 provision as to salary of^one commissioner only besides the chief commis- sioner, repealed, s. 2, p. 4§; s. 4, p. 4 acts of board to be authenticated by seal of, and signature of secretary, or, in his absence, of chief clerk, s. 4, p. 44 may require written accounts, &o., from trustees, &c., except persons claiming adversely to charities, s. 6, p. 44 and may require same to be verified upon oath, s, 6, p. 44 and may administer oath, s. 6, p. 44 not to require production of deeds, &c., from adverse claimants, ». 6, p. 44 may require trustees, &c., to attend and be examined, upon oath or otherwise, s. 7, p. 45 and to produce documents, s. 7, p. 45 trustees not obliged to travel more than ten miles from place of abode, s. 7, p. 45 may make requisitions to trustees, &c., by precept,- s. 8, p^ 45 non-compliance with requisitions of, contempt of chancery, e. 9, p. 45 orders upon banking account of official trustees to be countersigned by one, o. 21, p. 49 copies of deeds, &c., enrolled by board and certified by secretary or one commissioner, to be evidence, s. 42, p. 56 exempt from serving on juries, b. 24, p. 69 21 & 22 VIC. e. 71, may make orders substituting bishop of one diocese, for another, as to certain trusts, s. 1, p. 296 INDEX. 371 COMMISSIONERS-co»i«»»tted. 21 & 22 VIC. 0. 94, money for enfranchisement, in oases of charitable trusts, may be jipplied under order of, s. 15, p. 180 22 VIC. o. 27, may appoint trustees of recreation grounds, ». 5, p. 294 and may approve bye laws for their regulation, a. 6. p. 295 COMPANIES FOE CHARITABLE PURPOSES. See Mortmain. COMPROMISE, board may aiithorize compromise of claims on behalf of charities, s. 23, p. 14 or against any charity <)r trustees, s. 31, p. 53 upon performance of the terms of, same to be a bar to actions, &c. s. 23, p. 14 CONDITIONS OF SALE, p. 344. CONTEMPT. See Chanoert. CONTENTIOUS CASES, board not to exercise jurisdiction in, or in cases involving questions of law or fact which they may consider more fit to be adjudicated on by any judicial court, s. 5, p. 61 CONVEYANCE (FORM OF), p. 345. COPYHOLDS, not to be vested in official trustee of charity lands (formerly treasurer of public charities) without consent of lord of manor, e. 48, p. 29; s. 15, p. 48 court making vesting order may direct compensation to bo made to lord in lieu of fines, &c., s. 48, p. 29 see also Mortmain. enfranchisement of — See Enfranchisement. for school sites — See School Sites. CORPORATION, secretary of board to be a corporation sole — See Official Trustee of Charity Lands. lands vested in, not to be vested in official trustee of charity lands with- out consent of the corporation, s. 48, p. 29 ; s. 15, p. 48 words applying to any, person or individual, to apply also to any corpo- ration sole or aggregate, s. 48, p. 69 jurisdiction of board exerciseable as to charities vested in, being recipients of the benefits thereof, s. 10, p. 63 CORRECTION, HOUSES OF. See Charitable Uses. COSTS, BILLS OF. See Taxation. COSTS, board may require appellant, except attorney-general, to enter into bond for payment of, s. 39, p. 24 B B 2 372 INDEX. COSTS— continued. court may require security for, from appellant, except attorney-general, s. 8, p. 62 upon appeal, court may make any order as to, of attorney-general or other defendant, n. 9, p. 63 COUNTY COURTS AND DISTRICT COURTS OF BANKRUPTCY, to exercise jurisdiction over charities not exceeding 501. (formerly 301.) per annum, s. 32, p. 19; s. 11, p. 64 to entertain applications and hear same in open court, s. 32, p. 19 may give such relief, &o., as might be given by Court of Chancery, s. 32, p. 19 clerk of, to transmit copies of orders to office in London of registrar of county courts' judgments, s. 32, p, 19 no judge of, to vary any decree, Ac, of Court of Chancery, s. 32, p. 19 or give directions inconsistent therewith, s. 32, p. 19 where two or more, have concurrent jurisdiction, application not to be entertained by more than one court at the same time, s. 32, p. 19 and board may direct to which court application shall be made, s. 34, p. 21 deputy sitting for county court judge not to exercise jurisdiction, s. 33, p. 21 board may direct cases within jurisdiction of, to be taken before judge of Court of Chancery, s. 35, p. 21 order of, for appointment or removal of trustees, or establishment of schemes, to be transmitted to board, s. 36, p. 22 such order not to be valid until approved by board, s. 36, p. 22 approval not to issue until one month after receipt by board of copy order, a. 36, p. 22 orders of, may be remitted for reconsideration if disapproved by board, B. 37, p. 22 or the matter may be submitted to a judge of the Court of Chancery, B. 37, p. 22 proceedings and orders of, to have same effect, and be enforced as orders. See., under ordinary jurisdiction, s. 38, p. 23 orders of, may be varied by such court with consent of board, s. 38, p. 23 and may be appealed against, n. S9, p. 24 notice of appeal to be given to, and to board, s. 39, p. 24 to suspend proceedings upon order appealed against, during such time as the circumstances may require, o. &9, p. 24 appellant, except attorney-general, may be required by board to give security for costs, b. 39, p. 24. orders of, to be final, if appeal not prosecuted within three months from allowance thereof,, a. 40, p. 26 no judge of, upon proceedings under Act, to try titles to property, s. 41, p. 25 notice of certain applications to, to be given as board may direct, s. 42, p. 26 INDEX. 373 COUNTY COURTS AND DISTRICT COURTS OF BANKRUPTCY— continued. by whom applications to, mider Act, may be made, s. 43, p. 26 certificate of board aa to income of charity, to determine jurisdiction of, s. H, p. 27 Lord Chancellor to make orders for regulating proceedings before, s. 45, p. 28 may Test charity lauds in official trustee of charity lands (formerly treasurer of public charities) in certain cases, a. 48, p. 29 ; s. 15, p. 48 and -may revest land in acting trustees, a. 49, p. 30 may order transfer or deposit of annuities, stock, &c., to or with official trustees, s. 51, p. 30; s. 12, p. 64 may direct official trusted to tranafer or diapose of annuities, stock, &c., standing in their name, s. 52, p. 31 accounts of charities under ZOl. per annum to ie sent to clerJc of county court, n. 61, p. 35 ; ». 44, p. 56 and of charities cibove that amount, if hoard shall direct, 6. 61, p. 35 ; o. 44, p. 56 clerJc of, to heep and registei' stKh accou/nts, a. 61, p. 35 ; s. 44, p. 56 and allow infection thereof on payment of Is., b. 61, p. 35 ; b. 44, p. 56 and supply copies on payment of 2d. per folio, s. 61, p. 35 ; b. 44, p. 66 interpretation of term, s. 66, p. 41 having jurisdiction to order transfer to official truatees of charitable funds, may authorize them to call for a transfer of, and to transfer stock, &c., s. 12, p. 46 and order payment to them of priaoipal monies, «. 12, p. 46 board, subject to certain restrictions, may make orders, which may now be made by, or by equity judgea at chambera, s. 2, p. 60 jurisdiction of, extended to charities whose annual income does not ex- ceed 50/:., B. 11, p. 64 may empower official truateea of charitable funds to receive and recover dividends, &e., in arrear, s. 12, p. 64 CROPS-GROWING (Casbs as to). See Mobtmain. CYPRBS, bequest to schools, Daly v. Attorney-General, p. 317 DECLARATION OF TRUST (Fobm of), p. 343. DEEDS AND DOCUMENTS, trustees, &c., may be required to produce before inspector, s. 12, p. 7 ; s. 6, p. 44 ; B. 7, p. 45 persons altering, destroying, or withholding, guilty of contempt of court, s. 14, p. 8 ; a. 9, p. 45 persona claiming adveraely to charities, not bound to produce, s. 15, p. 8 ; B. 6, p. 44 relating to charities, may be deposited with board, a. 53, p. 31 374 INDEX. DEEDS AND DOCUMENTS— coMfwiued. accounts, &c., may be required from persona haying control of, except adverse claimants, s. 6, p. 44 trustees, &c., may be required to produce, s. 7, p< 45 ; s. 19, p. 68 relating to charities, may b.e enrolled by board, s. 42, p, 56 copy of such enrolment certified by secretary or one commissioner to be evidence, s. 42, p. 56 for carrying into effect sales, &c., of charity property executed by two- thirds of the trustees, having power to determine on such sale, &c., to have same legal effect as if executed by all the trustees and the official trustee of charity lands, s. 16, p. 67 board may require persons having custody of (in which charities solely interested) to transmit same for examination, a. 1 9, p. 68 board may retain such deeds, &c., or issue the same to the trustees, ». 19, p. 68 relating to Catholic charities made after Act 9 Geo. II., v. 36 (Mortmain Act) not to be voi4 if enrolled in chancery within twelve months after passing of Roman Catholic Charities Act — s. 3, p. 75 within provisions of Act 9 Geo. IV., o. 85, to have benefit thereof, not- withstanding Roman Catholic Charities Act — a. 3, p. 75 expenses of enrolment to be paid out of charity property, s. 4, p. 76 in the absence of vt-ritten documents, the trusts of estates subject to charitable uses for benefit of Roman CathoUcs, to be determiaed by usage, ts. 5, p. 76 DIRECTION. See Advice. DISSENTERS, admission of, to almshouses, Attorney-General v. Calvert, p. 337 DISSENTING CHAPEL. See Exkmptiohs. DIVIDENDS, on stock, &c,, transferred to official trustees, to be paid to acting trustees, s. 52, p. 31 on stock in the funds to be received by bank and placed to banking account of official trustees, e. 24, p. 50 on other stock, shares, &c., held by official trustees, to be paid only to their banking account, a. 24, p. 50 official trustees to execute necessary power to enable bank to receive, a. 24, p. 50 on stock in public funds in the name of the official trustees or others, certified by board to be exempt, to be paid without deduction of in- come tax, B. 28, p. 52 official trustees of charitable Ainds may be empowered to receive and recover arrears of, s. 12, p. 64 no official trustee accountable for losses or misapplication, unless oc- casioned by his own neglect, s. 17, p. 67 DOCK DEBENTURES (Cases as to). See Mortmain. INDEX. 375 DOCUMENTS. See also Deeds. under seal of board to be taken as originals, s. 5, p. 44 and to be received as evidence, s. 5, p. 44 copies of such, to be entered in books of the board, s. 5, p. 44 aucli entries to be certified by signature of secretary, or in his absence, of chief clerk, s. 5, p. 44 DRAINS, board may authorize the formation of, o. 21, p. 12 DUTIES, 22 GEO. III. «. 48 fire insurance. See s. 2, p. 124, LEGACY DUTIES. See Table, p. 113. ECCLESIASTICAL DISTRICT. See Paeish. EDUCATION, and preferment of orphans. See Charitable Uses. in grammar schools. See Gbamuab Schools. 13 & 14 VIC. i;. 28, property conveyed for religious or educational purposes. See Religiotis Congregations. charity for suppressing vagrancy, devoted to, Bridewell Hospital, In re, p. 333 EMIGRATION, bequest for, Barclay v. Maskelyne, p. 315 ENDOWED SCHOOLS, 23 VIC. c. 11, trustees to make orders for admission of children of different denomina- tions to endowed schools. See Endowed Schools Act, ] 860, s. 1, p. 217 exemptions from Endowed Schools Act, a. 2, p. 217 title of Act, B. 3, p. 218 39 GEO. III. i;. 73 legacy of books, &c., or specific articles to, not for sale, exempt from legacy duty, u. 1, p. 113 grants for rebuilding, &c. See School Sites. ENDOWMENT, interpretation of term, s. 66, p. 41 accounts of, to be furnished — See AcconNTS. definition of. Corporation of Sons of the Clergy v. Sutton, p. 314 ENFRANCHISEMENT, compulsory. See Note, p. 180 21 & 22 VIC. c. 94, money for, in cases of charitable trusts, may (at option of the lord) be paid to the official trustees of charitable funds in trust for charity to which manor belongs, s. 15, p. 180 and be applied under order of charity commissioners, s. 15, p. 180 dividends to be applied according to provisions of Acts relating to funds paid to official trustees, b. 15, p. 180 376 INDEX. ENROLMENT, deeds, wills, or documents relating to charities, maybe enrolled by board, B. 42, p. 56 copy of such enrolment certified by secretary or one commissioner to be evidence, s. 42, p. 56 deeds relating to Catholic charities made after Act 9 Geo. II., c. 36 (Mortmain Act), not to be void if enrolled in chancery within twelve months after passiag of fioman Catholic Charities Act — s. 3, p. 75 expense of, to be paid out of charity property, s, i, p. 76 See aUo Mobtuaik. ESTATE, real and personal, may be vested by order of board, s. 2, p. 60 such orders not to be made where gross annual income amounts to 501. or upwards, except on application of trustees or a majority of them, e. 4, p. 60 such order may be appealed against, a. 8, p. 62 subject to trusts for benefit of Catholics, may be apportioned, by court of chancery, judge, or board, so that a proportion be subject to the lawful trust declared by the donor, and the residue to lawful charitable trusts for the behefit of Catholics, b. 1, p. 74 and may be vested in trustees, s. 1, p. 74 no proceedings to be instituted as to dealings with such estates which took place prior to Act 2 & 3 WiU. 4, c. 115, except in cases of fraudulent misapplication, &c., s. 2, p. 75 usage to determine trusts of such estates, in absence of written docu- ments, D. 5, p. 76 ETON COLLEGE, exempted from operation of principal and amended Acts, s. 49, p. 59 also from 43 Eliz. c. 4, b. 2, p. 83 as to rights of preference in universities, see 18 & 19 Vic. c. 88, s. 33, p. 267 EVIDENCE, copies of orders, &c., extracted from books of board certified by secre- tary, to be received in, s. 8, p. 6 ; s. 5, p. 44 ; s. 42, p. 56 persons giving false, guilty of misdemeanor, s. 13, p, 8 persons refusing to give, guilty of contempt of chancery, s. 14, p. 8 statement in certificate of board to be, for determining jurisdiction, s. 44, p. 27 orders, &c., under seal of board, to be received in, s. 5, p. 44 and copies certified by secretary or chief clerk, B. 5, p. 44 certificate of board as to income of charities to be, for determining jurisdiction to apportion ohai-ities, o. 11, p. 46 copies of deeds, &c., enrolled by board, certified by secretary or one commissioner, to be, s. 42, p. 56 usage to afford evidence of trusts of property held for benefit of Roman Catholics in absence of written documents, s. 5, p. 76 INDEX. 377 EXCHANGES, board may authorize, a. 24, p. 15 and may direct investment of money arising from, s. 24, p. 15 sanctioned by board to be valid as if directed by the trust, a. 26, p. 18 or partition — board may authorize payments by charities for equality of — and incidental expenses, s. 32, p. 63 and the raising of money for such purposes, s. 32, p. 53 expense of procuring orders for, payable as board may direct, ». 34, p. 54 money received for equality of, or partition, may, with consent of board, be re-invested in land, s. 35, p.- 54 land acquired by, may ^be held without licence in moi?tmain, s. 35, p. 54 orders of board for investment, &o., or providing costs, to be carried into effect by trustees, &c., s. 36, p. 54 or partition — authorized by board, to be valid notwithstanding disabling Acts, B. 38, p. 55 a majority of two-thirds of trustees having power to determine on any exchange, &o., may execute deeds on behalf of themselves and the official trustee of charity lands, s. 16, p. 67 such deeds to have same legal effect as if executed by all the trustees and by the official trustee, ». 16, p. 67 jurisdiction of board to authorize, may be exercised notwithstanding Act, decree, &c,, d. 1, p. 70 1 & 2 GEO. IV. c. 92, lands, &c., may be exchanged under commission from bishop of diocese. See Act, p. 148 UNDER POWERS OF INCLOSURE COMMISSIONERS, 8 & 9 VIG. 0. 118, as to applications for exchanges, -\ inquiries to be made by commissioners, I , _ , , ^ , „ .. J, J \ -Sees. 147, p. 159: and s. 149, confirmation of orders, /• ^ J^ ' ' effect 'of orders as to titles, &o. expenses, &c. as to notices of exchanges, ) See s. 150, p. 161 ; and 8. 151, and disputes oouoeming expenses, J p. 161 9 & 10 VIC. c. 70, authorizes exchange of copyhold and customary land, s. 9-, p. 162 steward may signify thd consent of the lord, s. 10, p. 163 undivided shares of land, or cattle gates, &c., may be exchanged, s. 11, p. 163 10 & 11 VIC. c. Ill commissioners to reserve right to minerals, s. 4, p. 164 copyhold and customary lauds exchanged may be enfranchised, ». 6, p. 165 p. 160 378 INDEX. EXCHANGES— conimaed. 12 & 13 VIC. .;. 83, extends provisions of Acts, to rights of common, quit rents, ) See s. 7, p. 167 tithes, rent charges, &c. authorizes . receipt of application from two-thirds in value of persons interested jointly, severally, or as a class, s. 7, p. 167 provision for the exchange of subject matters of exchange held by the same person under separate titles, s. 11, p. 167 or subject to separate charges, S. 11, p. 167 16 & 16 VIC. c. 79, ' as to deposit of orders of exchange in certain cases, s. 17, p. 168 allotments set out under Local Acts may be exchanged, b. 21, p. 168 confirmed orders may be corrected, s. 29, p. 169 power to effect exchanges where parties interested in any land which is subject matter of partition, s. 32, p. 170 and are also interested in the entirety of any land, s. 32, p. 170 17 & 18 VIC. 0. 97, power to exchange lands subject to be enclosed, pending inclosure pro- ceedings, s. 1, p. 171 undivided shares may be exchanged, s. 2, p. 172 the word " land," in Inclosure Acts, to include incorporeal hereditaments, s. 3, p. 172 lessees to be persons interested in certain cases, s. 4, p. 172 orders of exchange may be made on application of parties in possession, under an agreement for such exchange, s. 6, p. 172 20 & 21 VIC. c. 31, enables railway and other companies to exchange land, s. 4, p. 173 as to exchanges of land, in which the Queen is interested in reversion, s. 6, p. 173 inequality of value may be compensated by rent-charge, where deficiency does not exceed one-eighth of the actual value, ka., ss. 6 to 11, pp. 174 to 176 22 & 23 VIC. u. 43, provisions as to notice of dissent not to apply where two-thirds in value have signed application, s. 11, p. 176 how consent of Crown as patron of a benefice shall be signified, s. 12, p. 177 25 & 26 VIC. 0. 108, reservation, or sale of minerals, sb. 1, 2, pp. 178, 179 EXCHANGE OF SCHOOL SITES. See School Sites. EXEMPTIONS, charities exempted, s. 62, p. 37 ; s. 47, p. 58 ; s. 49, p. 59 such charities may petition commiesioners to have benefit of Act, either generally or as to any provision thereof, s. 63, p. 39 INDEX. 379 EXEMPTIONS— co»«£n«ed. certain questions amongst members of (exempted, s. 64 ; not exempted, s. 46) charities, may be referred to arbitration of commissioners, ». 64, p. 39 ; s. 46, p. 58 word " charity " not to include charities or institutions expressly ex- empted from principal Act, s. 48, p. 59 23 VIC. v;. 11, from Endowed Schools Act — See Endowed Schools Act, s. 2, p. 217 43, ELIZ. c. i, from Statute of Charitable Uses, ss. 2, 3, p. 83 petition for benefit of Charitable Trusts Acts. Hamilton v. Spottiswoode, pp. 314,315 FEES, in respect of proceedings under Act to be prescribed by Lord Chancellor, &o., by general orders, s. 31, p. 19 ; a. 45, p. 28 officers of board may examine records and take copies without, s. 11, p. 7 FIFTEENS, aid or ease of poor inhabitants concerning. See Chaeitable Uses. FIRE INSURANCE, 22 GEO. III. u. 48, exemption of public hospital from duty on, s. 2, p. 124 FOUNDATION. -See Gift. FRAUD, indemnity not to extend to persons guilty of, o. 16, p. 9 no legal proceedings to be instituted as to dealings with Roman Catholic charity estates which took place prior to Act 2 & 3 Will. IV. c. 116, except in cases of, s. 2, p. 75 FRAUDULENT CONVERSION, 24 & 25 VIC. o. 96. See Trustee. FRIENDLY SOCIETY, Act not to extend to, s. 62, p. 37 GIFT, of estates upon lawful charitable trusts for benefit of Roman Catholics not to be invalidated by addition only of any trust deemed to be superstitious, s. 1, p. 74 trusts of estates subject to gifts, &c., connected with Roman Catholic religion, to be determined by usage in the absence of documents, D. o,p. 76 Roman Catholic Charities Act not to give effect to any gift, &c., already avoided in any proceeding at law or in equity, s. 6, p. 76 GRAMMAR SCHOOL (Endowed), section 14 of Charitable Trusts Act, 1860 (as to removal of master, &c.), not to apply to — See Schoolmasteb— s. 14, p. 65 23 VIC. U.11, trustees of, to make orders for admission of children of difierent denomi- nations to — (Endowed Schools Act), s, 1, p. 217 380 INDEX. GRAMMAR SCHOOLS, 3 & 4 VIC. c. 77, Courts of Equity empowered to extend systein of education in, s. 1 , p. 203' and to extend or restrict freedom or right of admission to, s. 1, p. 203 and to settle terms of admission to and continuance in, ». 1, p. 203 and to establish schemes for application of revenues, o. 1, p. 203 to declare at what period decrees shall become operative, =. 1, p. 203 such decrees to have el&ct notwithstanding provisions in instru- ments of foundation, &c., e. 1, p. 203 Visitor (if any) to have opportunity of being heard, a. 1, p. 203 Court in making decrees to consider intentions of founder, state of school, condition and number of children, &c,, B. 2, p. 205 Court not to dispense with principal objects of foundation, or qualifica- tions of master, unless revenues insuf&cieut, s. 3, p. 206 admission — standard of — ^uot to be lowered where teaching of Greek and Latin retained, s. 4, p. 206 where instruction in Greek and Latin dispensed with aualagous instruc- tion to be substituted, s. 5, p. 206 qualifications of master in that case, a. 5, p. 206 masters— qualifications of new, o. 6, p. 207 appointment — right of, o. 6, p. 207 schools to be Grammar Schools though Greek and Latin dispensed with, a. 7, p. 207 extension of right of admission not to prej udice existing rights, either as to admission, competition for exhibition, or other advantage, s. 8, p. 208 where several schools in same place, and revenues insufficient. Court may direct same to be limited, s. 9, p. 208 and to be carried on according to scheme to be settled by Court, a, 9, p. 208 certain consents necessary to union, s. 9, p. 208 new statutes, not to affect master appointed before passing of Act, vrithout his consent, s. 10, p. 208 master not consenting, and wishing [to retire, may resign on receiving pension, s. 10, p. 208 masters appointed after passing of Act to be subject to new statutes, s. 11, p. 209 lapse of right of nomination of master to take place from time of settling new statutes, s. 12, p. 209 where sufficient powers in respect of discipline, &c., exist, persons pos- sessing same to be at liberty to exercise them, u. 13, p. 209 and to direct returns by masters of state of schools, books used, and other particulars, a. 13, p. 209 and to order examination of scholara, s. 13, p. 209 where powers not sufficient Court may enlarge them, B. 14, p. 210 where no such powers. Court may create them, s. 15, p. 210 iu case of refusal to exercise powers. Court may substitute person to act pro hoc vice, s. J.6, p. 210 INDEX. 881 GRAMMAR &CS001.S— continued. Visitor not to be exempt from process to compel performance of duty, B. 16, p. 210 removing- masters— Court may appoint mode of, s. 17, p. 211 retiring pensions may be assigned, s. 18, p. 211 recovery of premises held over by masters, s. 19, p. 212 master not to set up title, &c., s. 20, p. 213 applications to Court under Act to be by petition under 52 Geo. III. t. 101— s. 21, p. 213 ■where patronage vested in Crovm, who shall act, ». 22, p. 214 powers of Lord Chancellor, exeroiseable by Lord Keeper, or Lords Com- missioners of Great Seal, s. 23, p. 214 ordinary, saving of rights of, s. 24, p. 214 exemptions from Act, s. 24, p. 214 construction of terms, s. 25, p. 215 Act may be amended, s. 26, p. 216 GRAVES (Cases as to). See Tombs. HANDICRAFTSMEN, , , aid and help of. See Charitable Uses. HARBOUR TOLLS (Cases as to). See Mobtmain. HAVENS, REPAIR OF. See Chakitable Uses. HIGHWAYS, REPAIR OF. See Charitable Uses. HOSPITAL, PUBLIC, 22 GEO. II. c. 48, exempted from duty on fire insurance, 8. 2, 124 'HOSPITAL, bequest for founding — Dunn v. Bownas, p. 321 construction, as to exemption of, from land-tax — Lord Colchester and others v. Kewney, pp. 318, 319 HOUSE DUTY. See Assessed Taxes. HOUSES OF CORRECTION. See Chakitable Uses. IMPROVEMENTS, board may authorize, s. 21, p. 12 and the application of funds for the purpose, s. 21, p. 12 or the raising of money on mortgage for^ s. 21, p. 12 jurisdiction of board to authoiize, may be exercised notwithstanding Act, decree, &c., s. 1, p. 70 IMPROVEMENT BONDS (Cases as to). See Mortmain. INCOME, APPLICATION OF (Cases as to). See Charity and Scheme. INCOME. See also Dividends. certificate of board as to income of charities, to be evidence for deter- mining jurisdiction or right to appeal, s. 44, p. 27 382 INDEX. INCOME TAX. See also Property Tax. dividends on stock certified by board to be exempt from, to be paid ■without deduction of, 8. 28, p. S2 INCREASED RENTS (Cases as to). See Charett. INDEMNITY, to trustees and others acting under advice of board, s, 16, p. 9 unless guilty of fraud or concealment, s. 16, p. 9 order for transfer. Sec, of stock, &c., to indemnify bank and others, u. 27, p. 61 ; B. 23, p. 69 order of board, certifying removal of schoolmaster, &o., to indemnify persons acting thereunder, a. 13, p. 64 INFORMATIONS, against colleges — Attomey-Oeneral v. Sidney Sussex College, Cambridge, p. 317 INROLMENT (OP DEEDS). See Mortmain. where necessary — Christ's Hospital, /n re, p. 324 Ashton V. Jones, p. 324 INSPECTORS, how appointed, s. 1, p. 3 ; ». 3, p. 43 two, under principal Act, o. 1, p. 3 three, under amended Act, a. 3, p. 43 vacancies, how filled up, a. 1, p. 3 to hold ofiSce during pleasure of Her Majesty, o. 1, p. 3 ; a. 3, p. 43 salaries of, s. 4, p. 4 ; s. 3, p. 43 travelling and other expenses of, s. 4, p. 4 ; s. 8, p. 43 not to sit in House of Commons, s. 5, p. 5 board to frame minutes for regulating proceedings of, s. 7, p. 5 to inquire into charities by dii-ectiou of board, s. 9, p. 6 to report their proceedings to board, s. 9, p. 6 board may require accounts, &c., of charities to be rendered to, s. 10, p. 6 ; o. 6, p, 44 under authority of board, may examine records, &c., and take copies, &o., without fee, o. 11, p. 7 may require trustees, &o., to attend and be examined, s. 12, p. 7 ; a. 7, p. 45 trustees, &o., not obliged to travel more than ten- miles from place of abode, o. 12, p. 7; a. 7, p. 45 may examine trustees and others upon oath, b. 12, p. 7 ; s. 7, p. 45 and require production of deeds, &c., s. 12, p. 7 ; s. 7, p. 45 persons disobeying precept of, guilty of contempt of court, s. 14, p. 8 ; B. 9, p. 46 jurisdiction of, not to extend to persons claiming adversely to charities, B. 15, p. 8 ; s. 6, p. 44 board, before giving advice, or granting orders, may direct local inquiry, s. 19, p. 11 INDEX. 883 WSPECTOHS— continued. reports of, may be deposited for local inspeotion, s. 19, p. 11 by authority of board, may require written accounts, &o., from trustees, &c., except persons claiming adversely to charities, o. 6, p. 44 and may require same to be verified upou oath, o. 6, p. 44 and may administer oath, s. 6, p. 44 persons voluntarily attending, may be examined upon oath or otherwise, s. 7, p. 45 may make requisitions to trustees, &o., by precept, b. 8, p. 45 non-compliance with precept of — contempt of chancery, a. 9, p. 45 no order removing a trustee, schoolmaster. See. (not consenting to be dis- charged), to be made until after notice, and sufficient hearing by board, commissioner, or, s, 6, p. 61 exempt from serving on juries, s. 24, p. 69 schemes, parliamentary— board may refer the matter of, to inspector, s. 57, p. 33 who is thereupon to make local inquiry, s. 57, p. 33 and may hold sittings in locality interested, s. 57, p. 33 and hear evidence and objections, s. 57, p. 33 and adjourn any such sitting, s. 57, p- S3 to give fourteen days' notice of every such sitting (except adjourned sittings), s. 57, p. 33 to report to board result of his.inquiry, s. 68, p. 34 and whether scheme should be approved with or without alteration, s. 68, p. 34 report to indicate alterations which inspector may think desirable, with the reasons for the same, b. 58, p. 34 and to state nature of objections made to scheme, and opinion of inspector thereon, s. 58, p. 34 INQUIRIES, board, or inspectors under their direction, may inquire into charities, s. 9, p. 6 ; 0. 6, p. 44 board may direct, by inspector, before giving advice or granting orders, &c., s. 19, p. 11 answers to, may be required by board, commissioner, or inspector, s. 6, p. 44 who may require same to be verified upon oath, s. 6, p. 44 and may administer oath, s. 6, p. 44 adverse claimants exempted from, ». 15, p. 8 ; s. 6, p. 44 trustees, &o., may be required to attend and be examined upon oath, or otherwise, and to produce documents, s. 12, p. 7 ; s. 7, p. 45 persons voluntarily attending, may be examined, s. 7, p. 45 trustees. Sec., not obliged to travel more than ten miles from place of abode, s. 12, p. 7 ; ». 7, p. 45 INTEREST. See Dividends. INTERPRETATION CLAUSES, s, 66, p. 41 ; s. 48, p. 59 ; ». 8, p. 77 384 INDEX. INVESTMENT, board may direct, of monies arising from sales or equality of exchange, s. 24, p. 15 ; B. 35, p. 54 or from sale of reutcharge, a, 25, p. 15 monies paid to official trustees (subject to order directing payment) to be forthwith invested, s. 23, p. 50 money arising from sale, exchange, or partition, may, with consent of board, be re-invested in land, s. 35, p. 64 orders of board for such re-inyestment to be carried into effect by trustees, &c., a. 36, p. 54 30 & 31 VIC. u. 132, " East India Stock," what included in term, s. 1, p. 302 trust funds may be invested in securities guaranteed by parliament, d, 2, p. 302 Court may direct mode of — Birmingham Blue Coat School, In re, p; 317 discretion as to — Beaumont, In re, p. 329 Graham o. Paternoster, p. 329 IRELAND, Act not to extend to, s. 67, p. 42 IRON MANUPACTUSiNG COMPANY (Cases as to). See Moetmain. JURIES, commissioners, secretary, and inspectors, exempt from serving on, a. 24, p. 69 JORISDICTION, persons claiming adversely to charities, exempt from powers of inquiry, B. 15, p. 8 ; s. 6, p. 44 equity judges at chambers to exercise, over charities whose annual income exceeds 301, s. 28, p. 17 judges of Palatine Court of Lancaster to have, over charities exceeding 30Z. per annum, within the jurisdiction of that court, s. 29, p. 1 8 equity judges at chambers to have, over charities in Loudon of -any amount, s. 30, p. 19 given to county courts and district courts of bankruptcy, over charities not exceeding, formerly 30i., no-w 502. per annum, b, 32, p. 19 ; s. 11, p. 64 where two or more district or county courts have concurrent jurisdiction, application to be entertained by only one court at the same time, s. 32, p. 19 and board may direct to which court application shall be made, s. 34, p. 21 not to be exercised by deputy sitting for county court judge, s. 33, p. 21 board may direct applications as to charities within the jurisdiction of dis- trict or county courts to be taken before a judge _of the Court of Clmncery, a. 35, p. 21 or charities within the jurisdiction of Palatine Court of Lancaster, before a judge of that court, or a judge of the Court of Chancery, s. 35, p. 21 INDEX. 385 JURISDICTION— con > r be laid out in lands, &o., j unless by deed delivered twelve months at least before death of donor, and enrolled in chancery within six months, s, 1, p. 90 or (as to stocks in the public funds) jinless transferred six months at least before death of donor, n. 1, p. 89 and unless the same take effect in possession, s. 1, p. 90 and be without power of revocation, reservation, &c., for benefit of donor, &c.,s. 1, p. 90 provisions not to extend to purchEise or transfer for full consideration, ^ B. 2, p. 90. See 9 Geo. IV. c. 85, s. 1, p. 94 ; and 24 Vic. c. 9, s. 3, p. 98 gifts, grants, transfers, &c. (after 24 June, 1736), made otherwise absolutely void, b. 3, p. 90 the two universities, ) or colleges of learning within the same, ) " ' P' INDEX. 393 MORTMAIN— cojifinaed. or, dispositions for better maintenance of scholars only upon founda- tions of Eton, Winchester, or Westminster, s. 4, p. 91 no college, &c., to hold more advowsons than shall be equal to one moiety of the fellows or students on foundation, b. 5, p. 91 except advowsons for benefit 6f headships, s. 5, p. 91 Scotland, s. 6, p. 92 9 GEO. IV. c. 85, purchases for full consideration for charitable uses to be valid although formalities prescribed by Act 9 Geo. II. c. 36, not observed, s. 1, p. 94 except as to deed, &c., already avoided, s. 2, p. 94 Act, not to affect suit act]^ally commenced, s. 2, p. 94 for avoiding deeds, &c., s. 2, p. 94 or for defeating charitable uses for which such deeds, &c., made, s. 2, p. 94 nor to dispense with formalities prescribed in relation to deeds, &c.,* made after 9 Geo. IV. e. 85, g. 3, p. 95 24 VIC. c. 9, no future deed, &c., for charitable uses to be void by reason of not being indented, s. 1, p. 96 or by reason of certain reservations, s. 1, p. 96 provided the donor, &o., reserve the same benefits for his repre- sentatives, s. 1, p. 96. See 25 Vic. c. 17, s. 2, p. 101 where uses declared by separate deed, &c., not necessary to enrol conveyance, s. 2, p. 97 but conveyance void unless sepai-ate deed, &c., enrolled within six months, s. 2, p. 97. -See 25 Vic. o. 17, s. 1, and 27 Vic. c. 13, o. 1, p. 106, and 29 & 30 Vic. c. 67, s. 1, p. 108 such enrolment to be deemed, as if conveyance had declared uses, and been enrolled, b. 2, p. 97 no past deed, &o., under which possession is held, made for full con- sideration, &c., to be void if made to take effect in possession and without power of revocation, b. 3, p. 98 if enrolled prior to, or within twelve months after Act, o. 3, p. 98. See 25 Vic. c. 17, s. 1, p. 101 ; 27 Vic. u. 13, ». 1, p. 106, and 29 & 30 Vic. >;. 57, B. 1, p. 108 where uses of deed, &o. (upon full consideration) declared by separate deed enrolment of separate deed sufficient, s. 4, p. 98 as if deed, &c., for conveyance had declared uses, s. 4, p. 98 where neither deed, &c., enrolled, deed for conveyance void unless separate deed, &c., enrolled within twelve months after Act, s. 4, p. 98. See 25 Vic. c. 17, s. l,p. 101 ; 27 Vie. c. 13, s. 1, p. 106, and 29 & 30 Vic. c. 57, B. l,p. 108 Act not to render void deed already good by 9 Geo. IV. c. 85, or other Act, ..5, p. 99 or to give effect to deed, &c., already avoided, s. 5, p. 99 ) s. 6, p. 100 394: INDEX. MORTMAIN— coirimaed!. or to affect suit actually commenced for avoiding deed, &c., b, 5, p. 99 or for defeating uses for which such deed, &c., made, n. 5, p. 99 when acknowledgment of deed,&c., not necessary, B.'5,p. 99. See 25 Vie. c. 17,8.8, p. 101 Exemptions, Scotland and Irelcmd, the two universities, or colleges of learning within the same, or dispositions for better maintenance of scholars only upon foundations of Eton, Winchester, oi Westminster, 25 VIC. 0. 17, time for enrolment (under 24 Vic. c. 9) extended to 17 May, 1864, b. 1, ' p. 101, and 27 Vic. c. 13, s. 1, p. 106, and 29 & 30 Vic. o. 5, s. 1, p. 108 Act extends to hereditaments of freehold customary or copyhold tenure, s. 2, p. 101 no deed, &c., executed previously to 24 Vic. c. 9, shall require acknowledge- ment, s. 3, p. 101 Acts to apply to all cases where separate deed, &c., executed after or before 24 Vice. 9,8.4, p. 101 provided it be executed within six months after passing of Act 25 Vic. c. 17, s. 4, p. 101 money expended before passing of Act in improvements by building, &c., to be deemed as money paid by way of consideration for purchase, s. 5, p. 102 Act not to render void deed, &c., already valid, s. 6, p. 102 26 & 27 VIC. c. 106, deed, &o., by which land demised for term of years, deemed for purposes of Acts 9 Geo. 11. c. 36, 24 Vic. o. 9, and 25 Vic. c. 17, to take effect from making thereof, s. l,p. 104 if term commenced within one year from date of such deed, ke., s. 1, p. 104 27 VIC. c. 13, time for enrolment extended to 17 May, 1866, s. l,p. 106. See also, 29 &30 Vic. c. 57,s. I,p.l08 Act to apply as well to all cases where separate deed, &c., executed after 25 Vic. c. 17, as before 24 Vic. o. 9, s. 2, p. 106 provided it be executed within six months after passing of Act 27 Vic. c. 13, 8. 2, p. 106 court may order enrolment of some subsequent deed in certain cases, B. 3, p. 106 valuable consideration payable as rent equivalent to consideration in money within the statute of 9 Geo. II. u. 36, u. 4, p. 107 29 & 30 VIC. c. 57, trustees, &o,, of any charity may apply to court of chancery for order INDEX. 395 MORTMAIN— co«(mM«ci. authorizing enrolment of any deed, &o., not enrolled within time limited, o. 1, p. 108 or where deed, &o., lost or destroyed, for order authorizing enrolment of subsequent deed, o. 1, p. 108 court may authorize enrolment if satisfied that deed, &c., made honS fide for full consideration paid or reserved by way of rent-charge, &c., or partly paid and partly reserved, b. 2, p. 108 enrolment made under order of court to have force and effect notwith- standing 9 Geo. II. 0. 36 and subsequent Acts, b. 3, p. 109 Act not to affect deeds, &c., in cases where action, suit, &c., pending, s. 4, p. 109 MOETMA.IN (SoHooi, Sites), 4 & 5 VIC. c. 38, 8. 16, deeds, &o , not enrolled under 9 Geo. II. c. 36, valid if enrolled under 4 & 5 Vic. c. 38, B. 16, p. 229 7 & 8 VIC. u. 37, deeds, &o., under 4 & 5 Vic. o. 38, valid although donor die within twelve months, b. 3, p. 235 MORTMAIN (Companies for Chahitable porpjses), 25 & 26 VIC. o. 89, seven or more persons may, by subscribing a memorandum of association, form an incorporated company with or without limited liability, part 1, a. 6. p. 110 no company formed for promoting art, &;c., charity, or other like object, not involving the acquisition of gain, to hold more than two acres of land, without sanction of board of trade, part 1, s. 21, p. 110 MORTMAIN (Cases belating to), almshouses, bequest for endowment of, Philpott v. St. George's Hospital, p. 320, 321 bequest for establishment of, Martin v. Wellsted, p. 321 Dent V. AUotoft, p. 321 Dunn V. Bownas, p. 321 apportionment of assets, Briggs v. Chamberlain, p. 321 Calvert v. Armitage, p. 322 Grafton il Frith, p. 322 chapel, bequest for founding, Hopkins v. Phillips, p. 322 bequest towards erection of new. Booth v. Carter, p. 322 church, building and endowment of, Girdlestone v. Creed, p. 320 legacy for enlargement of, Hawkins, Tn re, p. 323 churches or chapels, bequest for endowment of, Edwards v. Hall, p. 323 church building society, bequest of personalty to, Church Building Society V. Barlow, p. 322 colonies, Act does not extend to land in, Whicker v. Hume, p. 324 crops growing, Symonds v. Marine Society, p. 324 396 INDEX. MORTMAIN (Cases relating to)— cmtirmed. demise of house, Warren v. Rudall, ) Hall V. Warren, ) P" ^^^ , discretionary investments, Graham ». Paternoster, p. 329 Beaumont, In re, 329 dock debentures, Alexander v. Brame, p. 328 harbour tolls. Ion v. Ashton, p. 328 hospital, bequest for establishing, Dunn v. Bownas, p. 321 iurolment on re-investment, and costs, Christ's Hospital, In re, p. 324 where necessary, Ashton u Jones, p. 324 iron manufacturing company, Morris t). Glynn, p. 328 land, bequest where previously in mortmain, Fisher v. Brierley, p. 322 retention of, by grantor, lb., p. 322 monies charged upon, Lucas v. Jones, p. 825 Brook V. Badley, p. 324 bequest of proceeds o^ directed to be sold. Marsh v. Attorney- General, p. 325 bequest of rent of, with ultimate trust for sale, Thornber ®. Wilson, p. 324 bequest to purchase, to be let to poor, Crafton v. Frith, p. 322 lease, grant of land subject to existing lease, Wickham v. Bath (Marquis), p. 324 legality and illegality of ■objects, Carter v. Green, p. 320 Wallgrave v. Tebbs, pp. 326, 327 monument, bequest for, Trimmer v. Danby, p. 325 mortgage of realty,, arrears of interest on, Alexander v, Brame, p. 328 equitable, lb., p. 328 parsonage house, legacy to build, Sewell v. CreweRead, p. 324 poor house, land conveyed for, Barnaby v. Bardsley, p. 325 public library, &c. , bequest to erect building for, Harrison v. Corporation of .Southampton, p. 326 railway debentures, Ashton v. Lord Langdale, p. 328 rates, Thornton ». Kempson, p. 328 realty, bequest of, on trust for sale, Incorporated Church Building Society V. Coles, pp. 322, 323 rent, arrears of, Edwards v. Hall, p. 323 Brook V. Badley, p. 324 secret ti'ust, Jones v. Badley, p. 327 Philpott V. St. George's Hospital, pp. 320, 321 Sweeting v. Sweeting, p. 338 Wallgrave v. Tebbs, pp. 326, 327 school, devise of laud for, Cramp v. Playfoot, p. 326 bequest for establishing, &c., Cawood v. Thompson, pp. 325, 326 Clancy, In re, p. 325 Crafton v. Frith, p. 322 Dent V. AUcroft, p. 321 Edwards v. Hall, p. 323 Hartshorne v. Nicholson, p. 325 INDEX. 397 MORTMAIN (Casks relating to) — continiied. school, or foi- poor, construction of bequest, Salisbury v. Denton, p. 326 for building, &g., Edwards v. Hall, p. 323 shares, bank, Ashtou v. Lord Langdale, p. 328 Myers v. Perigal, p. 327 canal, Ashtou v. Lord Langdale, p. 328 Langham'a Trust, In re, p. 327 incorporated company, Edwards v. Hall, p. 323 mining, Hayter v. Tucker, p. 327 railway, Ashton v. Lord Langdale, p. 328 Taylor v. Linley, p. 328 slaughter houses, bequest to establish, Tatham v. Drummond, pp. 328, 320 suppression of deed by'graBtor, Way v. East, p. 320, Jefferies v. Alexander, p. 329 tithes, gift of rent charge in lieu of, Milbank v, Lambert, p. 329 impropriate, bequest for purchase of, Denton v. Manners, p, 329 Tothill-fields improvement bonds, not within statute, Bunting v. Marriott, p. 328 town, benefit and ornament of, Faversham (Mayor) v. Ryder, p. 325 turnpike tolls, Ashton v. Lord Langdale, p. 328 usage upheld. Attorney- General v. Moor, 329 water works, Ashton v. Lord Langdale, p. 328 MUNICIPAL CORPORATIONS, legal estate in lands vested in, at passing of 6 & 6 Will. IV., c. 76, and not since conveyed to, or vested in, trustees appointed by Lord Chan- cellor, to vest in such trustees without conveyance, &o., s. 65, p. 40 and in new and continuing trustees upon any fresh appointment, s. 65, p. 40 5 & 6 WILL. IV. c. 76, charity estates vested in, or any one or more members thereof, at time of passing of Act, to continue in persons who, at passing of Act, are such trustees, until Ist August, 1836, s. 71, p. 199 vacancies occurring before said 1st August, to be filled up by Lord Chancellor, &c.,upon petition, b. 71, p. 199 persons so appointed to continue trustees until the time when persons in whose place they were chosen would have ceased to be trustees, s. 71, p. 199 Lord Chancellor, &c. (if Parliament should not otherwise direct before said 1st August), to make orders for administration of such trust estates, s. 71, p. 199 7 WILL. IV. AND 1 VIC. c. 78, stock, &c. (corporate), in bank books, &;c. ; mode of transferring, s. 45, p. 201 stock, &c. (charitable), in bank books, &c., (in corporate name) ; mode of transferring, ». 46, p. 201 payment of dividends on stock, &o., partly corporate, s. 47, p. 202 receipts for monies, and application thereof, s. 48, p. 202 MUNICIPAL TRUSTEES (Cases as to). See Tbustees. 398 INDEX. NOTICE, to be given to board of legal proceedings as to charities, 8. 17, p. 10 except by persons claiming adversely, s. 17, p. 10 or by attorney-general, s. 18, p. 11 of appeal against orders of district and county courts, to be given to court and board, a. 39, p. 24 except on appeal by attorney-general, s. 39, p. 24 to be given of applications to Court of Chancery, &c., for establishing or altering schemes, s. 42, p. 26 appointing or removing trustees, s. 42, p. 26 to be affixed to church doors, if directed by board, e. 42, p. 26 evidence as to publication of, s. 42, p. 26 to be given before provisional approval of schemes (parliamentary) by board, e. 55, p. 32 to contain particulai's of proposed scheme, a. 55, p. 32 or to indicate where scheme is deposited for inspection, e. 55, p. 32 and to require objections to be transmitted to board within one month from time of giving notice, s. 55, p. 32 to be given by inspector of local inquiry relative to such schemes, s. 57, p. 33 and of deposit of certificate of board embodying scheme, s. 59, p. 34 and to state intention of board to proceed with scheme, s. 59, p. 34 board not to make order for apportionment of charities until after public notice, s. 13, p. 47 nor until expiration of one month after publication of, s. 13, p. 47 to contain particulars of proposed order, s. 13, p. 47 and prescribe time within which objections may be transmitted, to board, s. 13, p. 47 of order of apportionment to be given in manner directed by board, a. 14, p. 47 and to visitor (if any), s. 14, p. 47 of intention of board to exercise jurisdiction under Charitable Trusts Act, 1860, to be given to trustees, s. 3, p. 60 and board not to make orders until after one calendar month's public notice, s. 6, p. 61 to contain particulars of objects of proposed order, s. 6, p. 61 and to prescribe time within which objections or suggestions may be transmitted to board, ti. 6, p. 61 to be given of intention to appeal against orders of board, s. 8, p. 62 of order runs from time of publication. Hackney Charities, In re, p. 309 OATH, inspector may examine witnesses on, s, 12, p. 7 may be administered by inspector (s. 12), and by board, commissioner, or inspector (s. 6), s. 12, p. 7 ; s. 6, p. 44 board, commissioner, or inspector, by authority of board, may require accounts, &c., to be verified by, s. 6, p. 44 j and may require trustees, &c., to attend and be examined on, s. 7, p. 45 INDEX. 399 OFFICERS OF CHARITIES. See Schoolmaster. OFFICIAL TRUSTEES OF CHARITABLE FUNDS. secretary for time being, and other oflBcera appointed by Lord Chancellor, to be, ». 51, p. 30 ; a. 17, p. 48 annuities, stocks, &c., may be transferred to, under orders of courts having jurisdiction, s. 51, p. 30,- s. 22, p. 50 ; s. 12, p. 64 secretary to keep accounts of stock of each charity held by, 8. 52,' p. 81 and of monies held upon banking account, s. 20, p. 49 to pay dividends on stock, &c., to acting trustees, s. 52, p. 31 and to transfer or dispose of such annuities, stock, &c., as courts may direct, a. 52, p. 31 court or judge having jurisdiction to order transfer of stock, &c., to, may authorize them to call for a transfer of, and to transfer stock, &c,, B. 12, p. 46 ; s. 2, p. 60 and ttay order payment to them of principal monies, s. 12, p. 46 Lord Chancellor may appoint persons, jointly with secretary of board, to be, a. 17, p. 48 and may remove any such tnistees, s. 17, p. 48^ appointment and removal of, to be published in London Gazette, s. 17, p. 48 to have perpetual succession, n. 18, p. 49 and may hold stock in the public funds, u. 18, p. 49 and stock and shares of companies, s. 18, p. 49 and securities and monies, s. 18, p. 49 stock, &c., held by, to devolve to their successors without transfer, &c., ». 18, p. 49 stock, vested in individual names of ofBcial trustees, to be transferred by bank to the account of, s. 19, p. 49 to keep banking account in their official name at Bank of England, s. 20, p. 49 orders upon such account to be signed by at least one official trustee besides the secretary, and countersigned by a commissioner, s. 21, p. 49 or otherwise authenticated as Lord Chancellor shall direct, o. 21, p. 49 such orders to be authority to the bank for making payments, o. 21, p. 49 stock may be transferred or money paid to, under order of board, s. 22, p. 50 money to be paid to account of, at the bank, d, 23, p. 50 and (subject to order directing payment) to be forthwith invested, s. 23, p. 50 • dividends on stock in the funds to be placed to banking account of, a. 24, p. 50 and on other stocks, shares, &o., to be paid only to governor and com- pany of Bank of England for their account, a. 24, p. 60 to execute necessary powers to the bank, s. 24, p. 50 no transfer to be made to or by, and no money paid to, except under 400 INDEX. OFFICIAL TRUSTEES OF CHARITABLE FUNDS— eonlinned. order of a competent court or judge, or the board, s. 26, p. 50 copies of orders by any court or judge for transfers to or by, to be trans- mitted to board, s. 26, p. SI orders for transfer, ftc, to indemnify bank and others, b. 27, p. 61 ; s. 23, p. 69 dividends on stock in public funds certified by board to be exempt, to be paid without deduction of income tax, s. 28, p. 62 board may order official trustees to transfer stock, &e., s. 37, p. 64 may call for a transfer of, and transfer stock under order of board, s. 2, p. 60 may be empowered to receive and recover dividends, &c., in arrear, s. 12, p. 64 no official trustee accountable for losses or misapplication of funds, &c., unless occasioned by his own neglect, s. 17, p. 67 to lay annual accounts before parliament, s. 18, p. 68 fl| order for transfer, &c., under Charitable Trusts Act, 1860, to indemnify bank and others, s. 23, p. 69 OFFICIAL TRUSTEE OF CHARITY LANDS, secretary of board to be official trustee of charity lands (formerly trea- surer of puMic charities), o. 47, p. 28 ; b. 15, p. 48' for holding charity lands, s. 16, p. 48 to be a corporation sole, s. 15, p. 48 to plead and be impleaded, s. 47, p. 28 land, or any term or estate therein, may in certain cases be vested in, s. 48, p. 29 / land vested in a corporation, not to be so vested without consent of such corporation, s. 48, p. 29 land vested in, may be revested in acting trustees, s. 49, p. 30 subject to orders of Court of Chancery, &c., to be a bare trustee, s. 50, p. 30 and to permit administrators of chanties to have the management, &c., of trust estates, and application of the income, s. 60, p. 30 name of " Treaswer of Public Charities " changed to " Official Trustee of Charity Lands," a. 15, p. 48 land vested in such treasurer, to vest in official trustee, s. 16, p. 48 provisions of principal Act relating to such treasurer to operate as if name of official trustee had been used, s. 16, p. 48 leases of land vested in, may be granted by acting trustees or a majority, if not less than three persons, as if such land were vested in them- selves, s. 16, p. 48 ; s. 16, p. 67 covenants in such leases to be enforceable by and against acting trustees, s. 16, p. 48 board may authorize or direct, to convey lands, s. 37, p. 64 a majority of two-thirds of trustees, having power to determine on any sale, &B,, may execute deeds on behalf of themselves and co-trustees and the, s. 16, p. 67 • such deeds to have same legal effijct as if executed by, s. 16, p. 67 INDEX. 401 OPINION. See Advice. ORDERS. See also Certificates. for compromise of claims may be made by board, a. 23, p. li ; a. 31, p. 53 general, as to proceedings at chambers, may be made by Lord Chancellor, with advice, &c., of Master of the Rolls and Vice-chancellors, or two of them, a. 31, p. 19 such orders may be varied from time to time, s. 31, p. 19 for regulating proceedings before district and county courts, to be made by Lord Chancellor, s. 45, p. 28 subject to such orders, judges may regulate proceedings before them, s. 45, p. 28 as to delivery and publication of accounts may be made by board, s. 46, p. 58 non-compliance with orders of board, contempt of chancery, s. 14, p. 8; s. 9, p. 45 for apportionment of charities may be made by board— &e Appoetion- MKNT — s. 10, p. 46 for payment of money held by official trustees, to be signed by at least one official trustee, besides the secretary, and countersigned by a commissioner, s. 21, p. 49 or to be otherwise authenticated as Lord Chancellor shall direct, s. 21, p. 49 and to be authority to the bank for making payments, s. 21, p. 49 stock may be transferred, or money paid to official trustees, under order of board, s. 22, p. 50 copies of, by any court or judge for transfer, &c., to or by official trustees, to be transmitted to board, s. 26, p. 51 for transfer, &c., to indemnify bank and others, s. 27, p. 51 ; s. 23, p. 69 effect to be given to such orders, s. 23, p. 69 of board, authorizing mortgage to contain provision for discharge of debt, 8. 30, p. 52 and to be carried into effect by trustees, b. 30, p. 52 board may make, upon application of trustees, with consent of person interested, determining specific parts of lands charged with pay- ments to charities, not exceeding 101. per annum, s. 33, p. 63 expenses of procuring such orders, or orders of exchange or partition, to be paid as board shall direct, s. 34, p. 54 of board, for investment of money arising from sale, exchange, &e., or providing incidental costs, to be carried into effect by tnistees, s. 36, p. 54 board may make orders as to delivery and tranmission of accounts by trustees, &c., s. 45, p. 68 and forms of such accounts, s. 46, p. 58 such orders to be executed by trustees, &c., a. 46, p. 68 appointing or removing trustees, removing schoolmaster, mistress, or officers, may be made by board, s. 2, p. 60 D D 402 INDEX. ORDERS — continued. or relating to the assurance, transfer, payment, or vesting of real or personal estate, b, 2, 60 or entitling official trustees, or other trustees, to call for a transfer of and to transfer any stock, &c., o. 2, p. 60 or establishing schemes, s, 2, p. 60 board, previously to making such orders, to notify their intention to trustees, &c., s. 3, p. 60 board not to make orders where income amounts to 501. or upwards, except on application of trustees, or a majority, s. 4, p. 60 appointing or removing trustees, or establishing schemes, not to be made by board until after one month's public notice, s. 6, p. 61 no order removing a trustee,, schoolmaster, &o., residing in Great Britain or Ireland, and not consenting to be discharged, to be made until after notice to person proposed to be removed, and suf&cient hearing by board, commissioner, or inspector, s. 6, p. 61 such notice to contain particulars of objects of proposed, a. 6, p. 61 objections and suggestions may be made and transmitted to board, s. 6, p. 61 may be withheld or modified, s. 6, p. 61 copy of, to be deposited for one month for local inspection, s, 7, p. 62 and to be open for public inspection for one month at office of com- missioners, s, 7, p. 62 may be appealed against, s. 8, p. 62 court may remit, for re-consideration of board, s. 8, p. 62 and may require from board their reason for making the order appealed against, a. 8, p. 62 under seal of board, certifying removal of schoolmaster, &e., to be evi- dence of the facts thereby certified, s. 1 3, p. 64 and to indemnify persons acting thereunder, s. 13, p. 64 under Charitable Trusts Act, 1860, enforceable and subject to same pro- visions as under former Acts, s. 20, p. 68 15 & 16 VIC. c. 55, under Tnistee Act, 1860, and 15 & 16 Vic. c. 55, made chargeable with stamp duty, s. 13, p. 123 21 & 22 VIC. c. 94, money for enfranchisement in cases of charitable trusts may be applied under order of commissioners, s. 16, p. 180 under Bishop's Trusts Substitution Act— See Bishop's Tetists Sdbsti- TUTION. ORDERS OF COUNTY COURT, appointing or removing trustees, or establishing schemes, to be transmitted to board, s. 36, p. 22 such orders not valid until approved by board, s. 36, p. 22 approval not to issue until after one month from receipt by board of copy order, s. 36, p. 22 may be remitted for reconsideration if disapproved, d, 37, p. 22 INDEX. 403 ORDERS OP COUNTY COURT— continued. or the matter may be submitted to a judge of the Court of Chancery 6. 37, p. 22 proceedings and orders to have same effect and be enforced as orders under ordinary jurisdiction, is. 38, p. 23 may be varied by such court with consent of board, d. 38, p. 23 and may be appealed against with sanction of board, s. 39, p. 24 notice of appeal to be given to CQurt and board, s. 39, p. 24 court to suspend proceedings upon order appealed against during such time as the circumstances may require, s. 39, p. 24 appellant, except attorney-general, may be required by board to give security for costs, s. s. 39, p. 24 attorney-general may appeal against, s. 39, p. 24 to be final if appeal not prosecuted within three months from allowance thereof, s. 40, p. 25 ORPHANS, EDUCATION AND PREFERMENT OF. See Charitable OXFORD. See Uhivebsitibs. PARISH, divided into separate parishes or districts — charities of, may be appor- tioned — See Appoktionmbnt, b. 10, p. 46 definition of term, under School Sites Acts — See School Sites. PARLIAMENT, no paid commissioner, secretary, or inspector, to sit in, s. 5, p. 5 general minutes of board to be laid before, s. 7, p. 6 annual report of board to be laid before, s. 60, p. 34 official trustees of charitable funds to lay annual accounts before, s. 18, p. 67 PARSONAGE. See Church. PARSONAGE-HOUSE, legacy to build, Sewell v. Crewe Read, p. 324 PARTITIONS. See also Exchanges. Under Powers of Inclosobb Commissioners. 11 & 12 VIC. c. 99, extends provisions of Inclosure Acts, concerning exchanges, to partitions, ss. 13 and 14, pp. 165 and 165 12 & 13 VIC. c. 83, extends provisions of Acts, to rights of common, quit rents, |; s. 7, p. 167 Tithes, rent charges, &c., 15 & 16 VIC. c. 79, as to the deposit of orders in certain cases, s. 17, p. 168 D D 2 404 INDEX. FARTITIOTHS— continued. confirmed ordere may be corrected, b. 29, p. 169 land held under separate titles by the same person may be partitioned, s. 31, p. 169 power to effect partitions where parties are interested in any land which is subject matter of partition, ti, 32, p. 170 and are also interested in the entirety of any land, ». 32, p. 170 17 & 18 VIC. c. 97, power to partition lands subject to be enclosed, pending inclosure pro- ceedings, B. 1, p. 171 the word " land " in Inclosure Acts to include incorporeal hereditaments, B. 3, p. 172 lessees to be persons interested in certain cases, ». 4, p. 172 orders of partition may be made on application of parties in possession under an agreement for such partition, ». 5 p. 172 20 & 21 TIC. c. 31, inequality of value may be compensated by rent-charge, where deficiency does not exceed one-eighth of the actual value. Sea., ss. 7 to 11, p. 174 to p. 176 22 & 23 VIC. c. 43, provides that it shall not be necessary for lessees to join in applications for partition, s. 10, p. 176 provisions as to notice of dissent not to apply where two-thirds in value have signed application, s. 11 p. 176 PATRONAGE, right of, alienable, Attorney-General v. Boucherett, p. 330 PENDING SUIT OR PROCEEDING. See Suit, am.d Ceetificate. PENSIONS, retiring may be granted to officers of charities removed under authority of board, s. 22, p. 13 PERPETUITY, bequest void, Came v. Long, p. 330 PERSONAL PROPERTY, not exceeding 10002, may be bequeathed for purposes of recreation grounds — See Recreation Geounds. PERSONS, acting in the administration of charijties — See Teubtbbs. PETITION. See also PaooEEDiNas. attorney-general may apply to Court of Chancery by, under 52 Geo. 3, «. 101, B. 43, p. 26 exempted charities may petition commissioners to have benefit of Act, either generally or as to any provision thereof, s. 63, p. 39 such petition to be under seal of charity, if incorporated, or otherwise under the hands of a majority of the trustees, d. 63, p. 39 PLAY GROUNDS. See Eeoeeation Geodnds. POOR, AID OR RELIEF OP. See Chaeitable Uses. INDEX. 405 POOR RATES (Casks as to). See Bates. PORTS, REPAIR OP. See Chabitalle Uses. POSSESSION, of charity property held by schoolmaster, or other ofScer or recipient, after removal, may be recovered under warrant of justices of the peace, s. 13, p. 64 warrant, how obtained, s. 13, p. 64 POSSESSION (RECOVERY OF). 1 & 2 VIC. c. 74, In what cases landlord may give notice of inteulion to proceed under Act, o. 1, p. 261 where tenant does not appear, or show cause, justices may issue warrant to give possession, s. 1, p. 261 how notice or summons to be served, s. 2, p. 263 in what cases execution of warrant may be stayed, s. 3, p. 263 as to proceedings on bond, in action of trespass, s, 4, p. 264 ; see also a. 1,- and s. 3 protection of justices, &c., o. 5, p. 264 where landlord has lawful title, not to be deemed a trespasser by reason of irregularity, s. 6, p. 265 but to be liable to action on the case, a. 6, p. 265 interpretation clause, s. 7, p. 265 extent of Act, s. 8, p. 266 forms under Act, schedule, p. 266 to p. 268 9 & 10 VIC. 0. 95, possession of small tenements, where value or rent does not exceed 501. per annum, may be recovered by plaint in County Court, s. 122, p. 268 if tenant, &o., neglect to appear, &c., warrant may issue, s. 122, p. 268 19 & 20 VIC. u. 108, possession of small tenements, where value or rent does not exceed 501. per annum, may be recovered in county court where term has expired or been determined by notice, o. 50, p. 270 plaint may also include claim for rent and mesne profits, s. 51, p. 271 possession may be recovered for non-payment of rent, s. 52, p. 271 PRECEDENTS, declaration of trust, p. 343 conditions of sale, p. 344 conveyance, p, 345 PRISONERS, RELIEF OR REDEMPTION OF. See Chakitable Uses. PROCEEDINGS, board to frame general minutes for regulation of their proceedings and those of inspectors, s. 7, p. 6 of board, minutes of, to be entered in books, s. 8, p. 6 notice of, as to charities, to be given to board, s. 17, p. 10 board may authorize, by their order or certificate, s. 17, p. 10 may be delayed if board think proper, s. 17, p. 10 406 INDEX- PROCEEDINGS— (iom«i««ed not to be entertained by courts exception certificate of board, s. 17, p. 10 save where matter is actually pending, s. 17, p. 10 or where persons claim adversely to charities, s. 17, p. 10 may be instituted by attorney-general acting ex officio, before any court or judge, b. 18, p. 11; ». 43, p. 26 Act not to be construed as dispensing with fiat of attorney-general where necessary, o. 18, p. 11 board may authorize upon report of inspector or otherwise, without notice having been given to them, s. 19, p. 11 may be instituted by attorney-general upon certificate of board, u. 20, p. 12 as to charities having annual incomes exceeding 301. to be before equity judge at chambers, s. 28, p. 17; s. 11, p. 64 and as to charities in London of whatever amount, s, 30, p. 19 orders of county courts to have same effect, and be enforced as orders, &c., under ordinary jurisdiction of same courts, s. 38, p. 23 before any court or judge, may be instituted by trustees, &o., with sanction of board, ti. 43, p. 26 or by any two or more inhabitants of parish interested, s. 43, p. 26 Lord Chancellor to make orders for regulating, before district and county courts, ts. 45, p. 28 judges may regulate, subject to such orders, s, 45, p. 28 board to make minutes relative to, under Charitable Trusts Act, 1860, s. 21, p. 68; s. 7, p. 5 any person authorized by certificate of board, may make application to court or judge under seo. 1 of Boman Catholic Charities Act — s. 1, p. 74 no legal proceedings to be instituted as to dealings with Roman Catholic charity estates which took place prior to Act 2 & 3 Will. IV. c. 115, except in cases of fraudulent misapplication, &c., s. 2, p. 7S PROPERTY, recovery of possession— jSfee Possession. persons holding, adversely to any use, trust, &c., at time of passing of Roman Catholic Charities Act, not to be affected thereby, s. 6, p. 76 13 & 14 VIC. c. 28, conveyed for religious or educational purposes— iSee Religious Cohgke- GATIONS. PROPERTY TAX, 6 & 6 VIC. c. 35, ALLOWANCES IN BESPEOT OF DUTIES IN SCHEDULE A., (authorized to be made by certificate) how to be claimed, s. 61, p. 118 to colleges, halls, or universities, s. 61, No. VI., p. 11 9 for repairs of same, id. to hospital, public school, or almshouse, id, for repairs of same, id. INDEX. '4:07 PROPERTY TAX—contimied. allowances on lands and hereditaments belonging to hospital, public school, or almshouse, or vested for charitable purposes, id. how granted, claimed, and proved, id. DUTIES UNDER SOHEDtJLH C, how to be assessed, s. 88, p. 121 EXEMPTIONS ON STOCK OB DIVIDENDS payable by trustees of savings banks to any charitable institution, s. 88, rule II., p. 122 applicable to charitable purposes, s. 88, rule III., p. 122 for repairs of cathedral, college, church, chapel, or building used solely for divine worship, id. 23 VIC. c. U, repayment of duty must be claimed within three years, s. 10, p. 123 PURCHASE, trustees, with consent of board, may purchase any rent-chargeHo which charity estate is liable, s. 25, p. 15 and sites for buildings, &c., from owners under disability, s. 27, p. 16; s. 41, p. 56 and may hold same without licence in mortmain, s, 41, p. 56 trustees, with Mke consent, may purchase land with monies arising from sale, exchange, or partition, s. 35, p. 54 such laud may be held without licence in mortmain, s. 35, p. 54 QUEEN ANNE'S BOUNTY, Act not to extend to commissioners of, s. 62, p. 37 RAILWAY DEBENTURES AND SHARES (Cases as to). See Mortmain. RATES, beneficial occupation. Licensed Victuallers Society v. Lambeth (Overseers), p. 330 Regina v. Temple, p. 330 local rates, Attorney-General v. Eastlake, p. 315 national schools, Laughlin v. Saffron Hill Overseers, pp. 330, 331 public purposes, Reg. v. Stapleton, p. 331 trust in aid of poor and other rates charitable, Attorney-General ii. Blizard, p. 315 RECIPIENT OF CHARITY, possession of charity property held by, after removal, may be recovered under warrant of justices of the peace, s. 13, p. 64 warrant, how obtained, s. 13, p. 64 RECORDS, may be examined by officers of board, and copies taken without fee, ». 11, p. 7 officers having custody of, to furnish copies or extracts required by board, s. 11, p. 7 408 INDEX. EECREATION GROUNDS, 22 VIC. 0. 27, land may be conveyed for recreation of adults and as playgrounds, s. 1, p. 293 form of conveyance, a. 2, p. 294 grants by municipal corporations, a. 3, p. 294 parishes, c. 4, p. 294 appointment of trustees, b. 5, p. 294 managers and directors may make bye-laws, &c., subject to approval of Charity Commissioners, a. 6, p. 295 personal property not exceeding 1000^ may be bequeathed for purposes of, s. 7, p. 296 extent of Act and short title, s. 8, p. 295 EEGISTERINQ CHARITABLE DONATIONS, 52 Oeo. III. c. 102. See Chabitable DONATIOSa. REINVESTMENT (Cases as to). See Lands Clauses. RELIGIOUS BELIEF, trustees not removable by board on ground only of, B. 4, p. 60 23 VIC. i:. 11, trustees to make orders for admission of children of different denomi- nations to endowed schools (Endowed Schools Act), s. 1, p. 217 RELIGIOUS CONGREGATIONS, TITLES OF, 13 & 14 VIC. c. 28, property conveyed to trustees, &c., for religious or educational purposes to vest in successors without conveyance, s. 1, p. 241 appointment of tnistees, &c., made as theretofore required by law to be valid, s. 1, p. 241 provision for payment in lieu of fines on property of copyhold or customary tenure, s. 2, p. 243 appointment of new trustees to be made to appear by deed, s. 3, p. 243 form of memorandum or deed, schedule, p. 244 -RELIGIOUS INSTRUCTION (Cases as to). See School and Soheub. RELIGIOUS TENETS (Cases as to). See Almshouse, Chabiit, School, and Trustees. RELIGIOUS WORSHIP, Act not to extend to buildings registered and bond fide used for, s. 62, p. 37 REMOVAL 01 Schoolmaster, Mistress, or Ofeioees. See Schoolmaster. REMOVAL or Trustees. See Tbostbes. RENTS, direction not to raise, inoperative, Attorney-General v. York (Archbishop of), p. 331 INDEX. 409 B.EST&— continued. husbandry lease for nlnety-niue years at fixed rent, Attorney-General v. HaU, p. 319 lease to kindred under value, Attorney-General v. Greenhill, p. 319 RENTS-CHARGE, board may authorize sale of, to owners of property charged, s. 25, p. 15 and may give directions for investment of purchase-money, a. 25, p. 15 on charity estate, may be purchased by trustees with consent of board, 8. 26, p. 15 board, on application of trustees, with consent of persons interested, may determine specific pai-t of lands charged with payments to charities, not exceeding 101. pei^ annum, s. 33, p. 53 expense of procuring order on such application payable as board may direct, a. 34, p. 54 REPAIRS. See Impbovements. REPORT, to be made by board to Her Majesty annually in February, s. 60, p. 34 to be laid before Parliament, s. 60, p. 34 to set forth all schemes approved by board, s. 60, p. 34 and the grounds of approval thereof, s. 60, p. 34 and any objections thereto, s. 60, p. 34 and all proceedings in respect of such objections, s. 60, p. 34 and the grounds on which the same have been overruled, s. 60, p. 34 ROADS, board may authorize the formation of, s. 21, p. 12 and the application of charity funds for the purpose, a. 21, p. 12 or the raising of money on mortgage, a. 21, p. 12 ROMAN CATHOLIC CHARITIES, " principal " Act not to extend to, for two years from passing thereof, s. 62, p. 37 exempted from operation of Charitable Trusts Act until 1st September, 1856, a. 47, p. 68 further exemption until Ist September, 1857 (19 & 20 Vic. c. 76), s. l,p. 71 the like until 1st September, 1858 (20 & 21 Vic. o. 76), ». 1, p.72 the like until 1st September, 1859 (21 &, 22 Vic. c. 51), s. 1, p. 73 gift for — See Gwi. apportionment of — See Appobtiobmbnt. schemes for — See Schemes. proceedings not to be instituted as to dealings with estates which took place prior to 2 & 3 Will. IV. c. 115, except in cases of fraud, &o., s. 2, p. 75 deeds relating to, made after act 9 Geo. II. c. 36, not to be void if enrolled in chancery within twelve months after passing of Roman Catholic Charities Act, s. 3, p. 76 410 INDEX. ROMAN CATHOLIC CHARITIES— co«. Clifton, pp. 335, 336 religious tenets — Dissenters, Baker v. Lee ; Ilminster School, In re, pp. 339, 340 religious tenets of trustees (school), Attorney-General v. Clifton, pp, 335, 336 Staflbrd Charities, In re, p. 337 removal of, Attorney-General v. Clapham, p. 340 selection of, Lancaster Charities, In re, p. 339 tenure'of charity property by, Foord v. Baker, p. 340 TURNPIKE TOLLS (Cases as to). See Mortmain. INDEX. 423 UNCERTAINTY, gifts not void for, Saluabury v. Denton, p. 326 UNIVERSITIES, of Oxford, Cambridge, London, and Durham, exempted from operation of Act, s. 62, p. 37 Act not to extend to colleges or halls in Oxford, Cambridge, and Dm-ham, s. 62, p. 37 of Oxford and Cambridge, , certain rights of preference in election to emoluments in, not to be aboliahed if governors of schools or Charity Commissioners dissent, 17 & 18 Vic. u. 81, s. 31, p. 255 ; 19 & 20 Vic. u. 88, o. 33, p. 257 Scholars in. See Chabitable Uses. USAGE, where upheld, Attorney-General v. Calvert, p. 337 V. Gould, p. 341 V. Moor, p. 329 V. Rochester Corporation, p. 341 V. St. Cross Hospital, p. 340 V. St. John's Hospital (Bedford), p. 341 V. West, p. 341 USE, trusts of real or personal estate subject to use, &c., for benefit of Catholics to be determined by usage in absence of written documents, s. 5, p. 76 Roman Catholic Charities Act not to give effect to any use. &e., already avoided in any proceeding at law or in equity, s. 6, p. 76 VESTING ORDER, of real or personal estate may be made by board, s. 2, p. 60 and may be appealed agEunst, s, 8, p. 62 VESTRY, churchwardens upon receipt of accounts of parochial charities, to present same at next general meeting of, 8. 44, p. 56 Metropolis Local Management Act, Halye, In re, p. 340 VISITOR, consent of, necessary to removal of officers of charities, B. 22, p. 13 notice of proposed order for apportionment to be given to, s. 14, p. 47 consent of, necessary, in certain cases, to removal of schoolmaater, &o., appointed after Charitable Trusts Act, 1860 — s. 14, p. 65 jurisdiction of court, Attorney-General v. S t. Cross Hospital, p. 333 where court will interfere with powers of , Attorney-General v, Dedham Grammar School, p. 333 VOLUNTAEY CONTRIBUTIONS, Act not to extend to charities wholly maintained by, s. 62, p. 37 charities partly maintained by — Act to apply to income arising from en- dowment only, s. 62, p. 37 494 INDEX. VOLUNTARY CONTEIBUTIONS-coK(inMed. not au "endowment," Corporation of Sous of the Clergy v. Sutton, p. 314 WATERWORKS (Cases as to). See Mortmain. WESTMINSTER See Colleges. WILLS relative to cliarities, may be enrolled by board, s. 42, p. 66 copy of such enrolment certified by secretary, or one commissioner, to be evidence, a. 42, p. 56 WINCHESTER COLLEGE, exempted from operation of principal and amended Acts, s. 49, p. 59 See CoLLEQEB, and Universities. WINDOW DUTY. See Assessed Taxes. THE END. BRADBURY, EVANS, AND CO., PUINTER.S, WHITEFRIABfi. A CATALOGUE LAW WORKS PUBLISHED AND SOLD BY Stevens & Haynes, i3, BELL YARD, TEMPLE BAR, LON DON. BOOKS BOUND IN THE BEST BINDINGS. Works in all Classes of Literature supplied to Order. FOREIGN BOOKS IMPORTED. LIBRARIES VALUED FOR PROBATE, PARTNERSHIP, AND OTHER PURPOSES. LIBRARIES OR SMALL COLLECTIONS OF BOOKS PURCHASED. A large Stock of Reports of the various Courts of England, Ireland, and Scotlan<^, always on hand. Catalognes and Estimates Famished, and Orders Promptly Executed, Note. — To avoid confusing otir firm with any of a similar name, we be g to notify that we have no connexion whatever with any oth er house of business, and we respectfully request that Corre- sponde nts will take special care to direct all communications to the above names and address. STEVENS &= HAYNES, BELL YARD, TEMPLE BAR. INDEX OF SUBJECTS. PAGE ADMINISTRATORS^ Walker 6 ADMIRALTY LAW— Jones 14 Kay - 17 Smith ■. . 23 ARTICLED CLERKS— See STUDENTS. A?,TIZANS AND LABOURER'S' DWELLINGS— Lloyd .... 13 ASSAULTS— i-«c MAGISTERIAL LAW. BALLOT ACT— Bushby 33 BANKRUPTCY— ,' Baldwin . .' 15 Ringwood , 15 BAR EXAMINATION, JOURNAL 39 BIBLIOGRAPHY .''..... 40 BILLS OF LADING— Campbell 9 Kay 17 BILLS OF SALE— Baldwin 15 Ringwood ij BIRTHS AND DEATHS REGIS- TRATION^ Flaxman 43 BUILDING LEASES AND CON- TRACTS— Emden .",„■, 8 CAPACITY— See PRIVATE INTERNATIONAL LAW. CAPITAL PtfNISHMENT— Copinger 42 CARRIERS— &c RAILWAY LAW, „ SHIPMASTERS. CHANCERY DIVISION, Practice of— Brown's Edition of Snell ... 22 Griffith and Loveland .... 6 Indermaur 25 Williams . 7 And See EQUITY. CHARITABLE TR.USTS— Cooke 10 Whiteford 20 CHURCH AND CLERGY— Brice ... 9 CIVIL LAW— i-ee ROMAN LAW. CODES— Argles 32 COLLISIONS AT SEA— Kay . . 17 COLONIAL LAW— Canada 28 ■Cape Ccjony ....... 38 Forsyth. . 14 New Zealand Jurist 18 New Zealand Statutes .... 18 Tarring 41 PAGE COMMERCIAL AGENCY— Campbell g COMMON LAW— Indermaur 24 COMMON PLEAS DIVISION, Practice of~ Griffith and Loveland ... 6 COMPANIES LAW— Brice , ..... ... . . 16 Buckley • .... 17 Reilly's Reports ....... 29 Smith 39 Watts ' ... 47 i'w MAGISTERIAL LAW. COMPENSATION— Browne 19 Lloyd 13 . COMPULSORY PURCHASE— Browne 19 CONSTABLES— ^■ee POLICE GUIDE. CONSTITUTIONAL LAW AND HISTORY- Forsyth 14 Taswell-Langmead .... 21 Thomas 28 CONTRACTS— Kay 17 CONVEYANCING— Copinger, Title Deeds .... 45 Copinger, Precedents in ... 40 Deane, Principles of 23 Williams 7 COPYRIGHT— Copinger 45 CORPORATIONS— Brice 16 Browne 19 COSTS, Crown Office- Short 41 COVENANTS FOR TITLE— Copinger 45 CREW OF A SHIP— Kay . 17 CRIMINAL LAW— * Copinger 42 Harris 27 5ce MAGISTERIAL LAW. CROWN LAW— Forsyth 14 Hall 30 Kelyng 35 Taswell-Langmtad zi Thomas 28 CROWN PRACTICE— Corner 10 CUSTOM AND USAGE— Browne 19 Mayne 38 CUSTOMS— .$■«« MAGISTERIAL LAW. STEVENS &= HAYNES, BELL YARD, TEMPLE BAR. INDEX OF SUBJECTS-^<'«'^«««'^- PAGE DAMAGfeS— Mayne 31 DICTIONARIES — Brown 26 DIGESTS— Law Magazine Quarterly Digest . 37 Menzies' Digest of Cape Reports. 38 DISCOVERY— Griffith's Judicature Acts ... 6 DISTRICT REGISTRIES— Simmons 6 DIVORCE— Harrison 23 DOMICII^ See PRIVATE INTERNATIONAL LAW. , DUTCH LAW 38 ECCLESIASTICAL LAW— Brice 9 Smith 23 EDUCATION ACTS— See MAGISTERIAL LAW, ELECTION LAW and PETITIONS— Bushby 33 Hardcastle 33 O'Malley and Hardcastle ■ . . . 33 Seager 47 EQUITY— Choyce Cases 35 Pemberton 32 Snell 22 Williams 7 EVIDENCE— See USAGES AND CUSTOMS. EXAMINATION OF STUDENTS— Bar Examination Journal ... 39 Indermaur 24 and 25 EXECUTORS— Walker 6 EXCHEQUER DIVISION, Practice of— Griffith and Ix)veland .... 6 EXTRADITION— Clarke 44 See MAGISTERIAL LAW. FACTORIES— See MAGISTERIAL LAW. FISHERIES— See MAGISTERIAL LAW. FIXTURES— Brown . . . i 1 1. • • • • 33 FOREIGN LAW—.. . Argles 32 Dutch Law 3° Foote 30 Harris 47 FORGERY— . ^ See MAGISTERIAL LAW. FRAUDULENT CONVEYANCES— May 29 GAIUS INSTITUTES— Harris 20 PAGE GAME LAWS— Locke 32 See MAGISTERIAL LAW. HACKNEY CARRIAGES— See MAGISTERIAL LAW. HINDU LAW— Coghlan 28 Cunningham 38 and 42 Mayne 38 Michell 44 HISTORY— Braithwaite 18 Taswell-Langmead 21 HYPOTHECATION— Kay 17 INDEX TO PRECEDENTS— Copiuger . ' 4° INFANTS— Simpson 43 INJUNCTIONS— Joyce II INSTITUTE OF THE LAW— Brown's Law Dictionary . . . 26 INTERNATIONAL LAW— Clarke 44 Foote 36 Law Magazine 37 INTERROGATORIES AND DIS- • COVERY— Griffith and Loveland's Edition of the Judicature Acts .... 6 INTOXICATING LIQUORS— See MAGISTERIAL LAW. JOINT STOCK COMPANIES— See COMPANIES. JUDICATURE ACTS— Cunningham and Mattinson . . 7 Griffith 6 Indermaur 25 Kelke '. . . 6 JURISPRUDENCE- Forsyth . . 14 JUSTINIAN'S INSTITUTES— ' Campbell 47 Harris 20 LANDS CLAUSES CONSOLIDA- TION ACT— Lloyd 13 LAND, IMPROVEMENT OF, by Buildings — Emden 8 LATIN MAXIMS 28 LAW DICTIONARY— Brown 26 LAW MAGAZINE and REVIEW . 37 LEADING CASES— Common Law 21; Constitutional Law 28 Equity and Conveyancing ... 25 Hindu Law 28 LEADING STATUTES— Thomas . 28 STEVENS a- HAYNES, BELL YARD, TEMPLE BAR. INDEX OF SUBJECTS— ^<'»'^'»'<«'^- PAGE LEASES— Copinger 45 LEGACY AND SUCCESSION— Hanson , . . . lo LEGITIMACY. AND MARRIAGE— Su PRIVATE INTERNA- TIONAL lAw. tiCENSES— Su MAGISTERIAL LAW. LIFE ASSURANCE— Buckley I7 Reilly 29 LIMITATION OF ACTIONS— Banning 42 LIQUIDATION with CREDITORS— Baldwin 15 . Ringwood 15 And su BANKRUPTCY. LLOYD'S BONDS 14 LUNACY— Williams 7 MAGISTERIAL LAW— Greenwood and Marfin .... 46 MALICIOUS INJURIES— Su MAGISTERIAL LAW. MARRIAGE and LEGITIMACY^- Foote 36 MARJ4IED WOMEN'S PRO- PERTY ACTS— Wallcer's Edition of Griffidi . . 40 MASTER AND SERVANT- Su SHIPMASTERS & SEAMEN. MASTERS AND SERVANTS— Su MAGISTERIAL LAW. MERCANTILE LAW 32 Campbell 9 Su SHIPMASTERS and SEA- MEN. „ STOPPAGE INTRANSITU. MERCHANDISE MARKS— Daniel 42 MINES— Harris . . . 47 Su MAGISTERIAL LAW. MORTMAIN— Su CHARITABLE TRUSTS. NATIONALITY— Su PRIVATE INTERNA- TIONAL LAW. NEGLIGENCE— Campbell 40 NEW ZEALAND— Jurist Journal and Reports . . 18 Statutes 18 OBLIGATIONS— Brown's Savigny ...... 20 PARLIAMENT— Taswell-Langmead 21 Thomas ,..,.... 28 PAGE PARLIAMENTARY PRACTICE— Browne 19 PARTITION— Walker 43 PASSENGERS— Su MAGISTERIAL LAW. „ RAILWAY LAW. PASSENGERS AT SEA— Kay . . •. 17 PATENT CASES— Higgins 12 PAWNBROKERS— Su MAGISTERIAL LAW. PERSONATION and IDENTITY- - Moriarty 14 PETITIONS IN CHANCERY AND LUNACY— Williams 7 PILOTS— Kay . .• 17 POLICE GUIDE— Greenwood and Martin .... 46 POLLUTION OF RIVERS— Higgins 30 PRACTICE BOOKS— Bankruptcy 15 Companies Law .... 29 and 39 Compensation 13 Compulsory Purchase .... 19 Conveyancing 45 Damages 31 Ecclesiastical Law 9 Election Petitions 33 Equity . .• . . . . 7, 22 and 32 Hijgh Court of Justice . . 6 and 25 Injunctions .11 Judicature Acts .... 6 and 25 Magisterial 46 Pleading, Precedents of . . . 7 Privy Council 44 Railways 14 Railway Commission .... 19 Rating 19 ' Supreme Court of Judicature 6 and 25 PRECEDENTS OF PLEADING— Cunningham and Mattinson . . 7 PRIMOGENITURE— Lloyd 13 PRINCIPLES— Brice (Corporations) 16 Browne (Rating) 19 Deane (Conveyancing) .... 23 Harris (Criminal Law) .... 27 Houston (Mercantile) .... 32 Indermaur (Common l.aw) . . 24 Joyce (Injunctions) n Ringwood (Bankruptdy) ... 15 Snell (Equity) 22 STEVENS &> HAYNES, BELL YARD, TEMPLE BAR. INDEX OF SUBJECTS— '•<'«'«»«c<^. PAGE PRIORITY— ■ Robinson 32 PRIVATE INTERNATIONAL LAW— Foote 36 PRIVY COUNCIL— Michell 44 PROBATE— Hanson 10 Harrison 23 PROMOTERS— Watts 47 PUBLIC WORSHIP— Brice , . 9 QUEEN'S BENCH DIVISION, Practice of — GrifSth and Loveland .... 6 Indermaur 25 QUESTIONS FOR STUDENTS— . Indermaur 25 Bar Examination Journal ... 39 RAILWAYS— Browne 19 Godefroi and Shortt 14 Goodeve 29 Lloyd 13 See MAGISTERIAL LAW. RATING— Browne . . ' 19 REAL PROPERTY— Deane 23 Tarring ....;... -26 REGISTRATION— Flaxman (Births and Deaths) . . 43 Seager (Parliamentary) .... 47 REMINISCENCE— Braithwaite 18 REPORTS— Bellewe 34 Brooke 35 Choyce Cases 35 Cooke 35 Cunningham 34 Election Petitions 33 Finlason Jfl Gibbs, Case of Lord Henry Sey- mour's Will 10 Kelyng, John 35 Kelynge, WiUiam- 35 New Zealand Jurist 18 Reilly .29 Shower (Cases in Parliament) . 34 ROMAN DUTCH LAW— Van Leeuwen 38 ROMAN LAW— Brown's Analysis of Savigny . . 20 Campbell 47 Harris 2° PAGE SALVAGE— Jones 14 Kay 17 SANITARY ACTS— .S-^rMAGISTERIAL LAW. SEA SHORE— Hall 30 SHIPMASTERS AND SEAMEN— Kay 17 SOCIETIES— See CORPORATIONS. STAGE CARRIAGES— See MAGISTERIAL LAW. STAMP DUTIES— Copinger 40 and 45 STATUTE OF LIMITATIONS— Banning 42 STATUTES— Hardcastle .9 New Zealand 18 Thomas 28 STOPPAGE IN TRANSITU— Campbell ........ 9 Houston 32 Kay 17 STUDENTS' BOOKS . 20—28, 39, 47 SUCCESSION DUTIES— Hanson 10 SUCCESSION LAWS— Lloyd 13 SUPREME COURT OF JUDICA- TURE, Practice of— Cunningham and Mattinson . . 7 Griffith and Loveland .... 6 Indermaur 25 TELEGRAPHS— \?« MAGISTERIAL LAW. TITLE DEEDS— Copinger 45 TOWNS IMPROVEMENTS— See MAGISTERIAL LAW. TRADE MARKS— Daniel 42 TREASON— Kelyng 35 Taswell-Langmead 21 TRIALS — Queen o. Gurney ... 32 ULTRA VIRES— Brice 16 USAGES AND CUSTOMS— Browne 19 Mayne 38 VOLUNTARY CONVEYANCES- May 29 WATER COURSES— Higgins 3° , WILLS, construction: of— Gibbs, Report , of Wallace v. Attorney-General 10 STEVENS A I^iVi T^ptes.-, \ • .' ■ ^ " Mr. Higgins'Has, with wondfeVful^rfd accm^te research, produced a work which^s much needed, since we have no collection of patent cases which does not terminate years ago. We consider, too, if an inventor furnishes himself with this Digest and a. lititle tr^ise on the law of patents, he will be able tu be as much his own patent lawyer as it is safe to h&."-—Scieniific and LUeraTy Review. *' Mr. Higgins's object has been to supply a reliable -and exhaustive summary of the reported patent cases decided in English courts of law and eg^uity, and this object he iippears to have attained. The_ classifica- tion is excellent, being as Mr. Higgins very truly remarks, that which naturally suggests itself from the practical working of patent law rights. The' lucid style in which Mr. Hig^ns has_ written his Digest . will not fail to recommend it to all who may consult his book ; and the very copious index, together with the table of caaes^ willrenderthe work especially valuable to professional mRX\."—rMining yonrnal. "The appearance of Mr. Higgins's Digest is exceedingly opportune. The plan of the work is definite and simple. We consider that Mr. Higgins, in the production of this work, has met a long-felt demand. Not merely the legal profession and patent agents^ but patentees, actual or intending inventors, manufac- turers, and their scientific advisers will find the Digest an invaluable book of reference." — Chemical N&ms.^ "The arrangement and condensation of the main principles and facts of the cases here digested render the work invaluable in the way of reference." — Standard. " The work constitutes a step in the right direction, and it is likely to prove of much service as a guide, a hy no means immaterial point in its favour being that it includes a number of comparatively recent cases." — Engineer. " From these decisions the state of the law upon any point connected with patents may be deduced. In fine, we must pronounce the book as invaluable to all whom it may concern." — Quarterly yonmal of Science. In 8vo, pjrice 6f., sewed, A DIGEST OF THE REPORTED CASES RELATING TO THE LAW AND PRACTICE OF LETTERS PATENT FOR INVENTIONS DECIDED BETWEEN JUNE, 1875, AND MARCH, 1880: TOGETHER WITH SOME UNREPORTED CASES FORMING AN APPENDIX TO DIGESX OF PATENT CASES. By clement HIGGINS, I BARRISTER-AT-LAW. \ STEFENS CONTAINING THE GENERAL RULES OF 1870, 1871, 1873, & 1878, SCALE OF COSTS, AND THE BILLS OF SALE ACT, 1878. By RICHARD RINGWOOD,. B.A., OF THE MIDDLE TEMPLE, ESQ., BARRISTER-AT-LAW ; LATE SCHOLAR OF TRINITY COLLEGE, DUBLIN. "The auChor of this convenient handbook sees the point upon which we insist elsewhere in regard to the chief aim of any system of Bankruptcy Law which should. deserve the title of National There can be no question that a sound Vheasure of Reform is greatly needed, and would be welcomed by all parties in the United Kingdom. Pending this amendment it is necessary to know the Law as it is, and those who have to deal with the subject in any of its practical legal aspects will do well to consult Mr. Ringwood's unpretending but useful volume." — La-w Magazine, " Mr. Ring^ood tells us in his preface that his work is chiefly intended for students, and it will no doubt be useful to them. On the other hand, the 'principles of bankruptcy' are not dealt with by Mr. Ringwopd in the way we expected from the title of his bbok, which is, in fact, the Bankruptcy Act of 1869 itself arranged — ^no doubt at considerable labour — ^in about the most convenient form in which it can be presented to the student. The Table of Cases is carefully prepared, reference being made in each case to all the contemporary law reports.^ Mr. Ringwood has fairly and concisely stated the new and the old law as to bills of sale, and as to the rights of trustees in bankruptcy in connection therewith." — Law Times. ^ " The above work is written by a distinguished scholar of Trinity College, Dublin. Mr. Ringwood h'as chosen a most dif&cult and unattractive subject, but he has shown sound judgment and skill m the manner in which he has executed his task. His book does not profess ' to be an exhaustive treatise on bankruptcy law, yet in a neat and compact volume we have a vast amount of well-digested matter. The reader is not distracted and puzzled by having a- long list of cases flung at him at the end of each page, as the general effect of the law is stated in a few well-selected sentences, and a reference given to the leading decisions only on the subject. . . . An excellent index, and a table of cases^ where references to four sets of contempoiary reports may be seen at a glance, show, the industry and care with which the work has been done." — Daily Paper, Second EditioiiyAn royal i2mOj price i6j"., cloth, A CONCISE TREATISE UPON ' THE LAW OF BANKRUPTCY. WITH AN APPENDIX, CONTAINING '; The Bankrnptcy Act, 1869 ; General Rules of 1870, 1871, 1873, & 1878 ; Forms of 1870 and 1871 ; Scale of Costs ; the Debtors Act, 1869 ; Debtors Act," 1878; and Bills of Sale Act, 1678. By EDWARD T. BALDWIN, M.A., OF THE INNER TEMPLE, BARRISTER-AT-LAW. "This edition is a praiseworthy effort to reduce the Law of Bankruptcy withinmoderate limits. It refers to all the important cases on the Act of i86g, and concludes with an excellent Index."— Law Times. " Mr Baldwin cannot expect, nor indeed does he appear to have attempted, to supersede the exhaustive treatises of Williams and Robson, but he has succeeded in compiling a really useful compendium of an exceedinelv dry but widely important department of the Laiw, which will be found a convenient manual for the merchant as well as the lawyer. . . . Opposite each section of the Act of 1869 is a marginal reference to the page of the treatise in which the subject-matter is discussed, and facility of reference is further aided by an Index covering fifty pages of the book."— Zaw Magazine and Review. _ _ "We are very favourably impressed with this work, which has been growing in popularity since its Dublication and it is one which must be most useful both to the student and the practitioner. As to the student he' has only to look to the last Examination on the subject of- Bankruptcy to see how usefully Mr. Baldwin's work came m."—Law Students youmal. 16 STEVENS <&- HAYNES, BELL YARD, TEMPLE BAR. THE LAW OF CORPORATIONS. Ib one volume of One Thotisand Pagfes, royal Svo, price 42^., cloth, A TREATISE ON THE DOCTRINE OF ULTRA VIRES: BEING An Investigation ot the Principles which Limit the Capacities, Powers, and Liabilities of CORPORATIONS, AND MORE ESPECIALLY OF JOINT STOCK COMPANIES. SECOND EDITION. By SEWARD BRICE, M.A., LL.D. London, OF THE INNER TEMPLEj BAERIRTER-AT-LAW, ' REVIEWS. *' Despite its unproikising and cahalistic title, and the technical nature of its subject, it has so recom- mended itself to the profession tfiat a second edition is calUdfor within three years from the first fiubli- cation; and to this call Mr. Brice has respotided -with the present volume, tJie development of ivhicli in excess of its predecessor is remarkable even in tJie amuds o_f law-books. Sixteen hundred new cases hav_e been introduced, and, instead of Jive hundred pages octamo, tfie treatise occupies a thousand %>ery much larger pages. Thii iticrease in bulk is partly due to the incorporation with the English law on the subject of tlie -more important A luerican and Colonial doctrines and decisions~'a course which we thiuk Mr. Brice wise in adopUng, si*tce the judgtnents of AmeHcan tribunals are constantly becoming more frequent^ quoted and more respectfully considered in our own courts, particularly oft those novel and abstruse poit^s of law for which it is difficult to find direct authority in English reports. In the present speculative times, anything relatitig to yoint-Stock Companies is of Public importance, and the points on v/hich the constitutioji and operation of these bodies are affected by the doctrine of Ultra Vires are just those mthich are most matericbl to the interests of tJie sliareholders and of the community at large. Some of the tnuch disputed questions iji regard to corporations, on which legal opinion is still divided, are par- ticularly well treated. ■ Thtts with reference to the authority claimed by t/te Couris to restrain corpora' iions or individuals from applying to Parliament for fresh pmvers in breach of their excess agreements or in derogation of private rights, Air. Brice ttwst elaborately and ably reviews t/te conj^icting decisions on this apparent interference 'with the rights of tlte subject, which threatened at otic time to bring ike Legislature and tlte Courts into a collision similar to that wMch followed on t}ie well-known case of As/iby\. White. , . . . AtiotJter very difficult pnnt on which Mr. Bricks book ajffords full o/nd'ijaitiaMe infortnation is as to the UaMlity of Companies on contracts eiUered into before tlieir formation by the ^romotfrs, and subsequently ratified or adopted by the Company, and as to t/ie claims of proji^oiers them- selves jfor set vices rendered to tJie inclioate Company The ckttpter on ilie liabilities of corporations ex &ei\cto for fraud and other torts committed by their agents within tJie region of tJieir autltority seems to us remarkably welldoncy revieiving as it does all tlte latest and sotuevuhat cotUradictory decisions on the point. . . . On the whole we consider Mr. Brice s exhaustive work a valuable addition to the literature of the prqfessio7i.^'—Sfi.i:\3JLDJC/ Review. "The doctrine which forms thei subject of^r. Seward Brice 's elaborate and exhaustive worlds a remarkable instance of rapid growth in modern jurispftderice^ His book, indeed, now almost con- stitutes a Digest pf .the ikyf pf Great Britain and her Colonies and of the t?ruted States on the Law of Corjporations — a subject vast enough at home, but even more so beyorid the Atlantic, *here Cor- porations are, so numerous arid powerful. Mr. Seward Brice relates that he has embodied a refer- ence in the present edition to about 1600 new cases, and expresses the hope that he has at least leftsired to ' the chief cases.' We should think there can be few, even of the Forei^ Judgments and Dicta, which have not found their way into his , pages. The question what is and what is not Ultra Vires is one of very.^reat. importance in commercial countries like GrealBritain and the United States. Mr. Seward Brice has done a. great service to the* cause of Comparative Jurisprudence by his new recension of what was from the first a unique text- book on the Law of Corjporations. He has gone Tai- towards effecting a Digest of that Law in its relation to the' Doctrine of Ultra Vires, and the second edition or his most careful and comprehen- sive, work maybe ^»mmended withequal confidence to the English, the American, and the Colonial practitioner, as well as to the scientific Jurist." — Law Magazine and Review. " It is the Law of Corporations that Mr. Brice treats of (and treats of more fully, and at the same time more scientifically, than any work with which we are acquainted)^ not the law of principal and agent ; and Mr. Bnce does not do his book jilstice by gi\ing it so vague a title." — La-w youmaL ' ' A guide of very great v^lue. Much information on a difficalt ajid unattractive subject has been collected and arranged in a manner which will be of great assistance to the seeker after the law on a j^int involving the powers of a company." — Law Journal. (Review of First Edition.) "On this doctrine, first introduced in the. Common Law Courts In East Anglian Railwt^ Co. v. Eastern Counties Railway Co., BRrcE on Ultra Vires may be read with advantage."— y7<^ne«rf of Lord Justice Bramwell, in tlte Case ofEvershed v. L. &> N. JV. Ry. Co. (L. R., 3 Q. B. Div. 141. STEVENS &■ HAYNES, BELL YARD, TEMPLE BAR. 17 In preparation, Fourth Edition, in Royal 8vo, price j. cloth, THE LAI AND PRACTICE UNDER THE COMPANIES ACTS, 1862, 1867, 18.70, and 1877; AND THE LIFE ASSURANCE COMPANIES ACTS, 1870 TO 1872. Containing the Statutes, with the Rules, Orders, anl Forms, regulating Proceedings in the Chancery Division of the High Court o." Justice, and full Notes of the Decisions, &c., &c. By H. Burton Buckley, M.A., of Lincoln's Inn, Barrister- at-Law, and Fellow of Christ's College, Cambridge. *»* This work forms a complete Treatisa on the Law relating to Joint Stock Companies. "The mere arrajigement of the leading cases under the successive sections of the Acts, and the short explanation of their effect, are of great use in saving much valuable time, which would be otherwise spent in searching the different digests ; but the careful manner in which Mr. Buckley has annotated the Acts, and placed the cases referred to under distinct headings, renders his work particularly useful to all who are. required to advise in the complications in which the shareholders and creditors of companies frequently find themselves involved The Index, always an important part of a law book, is full and well arranged." — Scottish ymtmal of jurisprudence. In two volumes, royal Svo, ^os. cloth, THE LAW RELATING TO SHIPMASTERS AND SEAMEN. THEIR APPOINTMENT, DUTIES, POWERS, RIGHTS, LIABILITIES AND REMEDIES. By JOSEPH KAY, Esq., M,A., Q.C, OF TKIN. COLL. CAMBRIDGE, AND OF THE NORTHERN CIRCUIT ; SOLICITOR-GENERAL OF THE COUNTY PALATINE OF DURHAM ; ONE OP THE JUDGES OF THE COURT OF RECORD FOR THE HUNDRED OF SALFORD ; AND AUTHOR OF "THE SOCIAL CONDITION AND EDUCATION OF THE PEOPLE IN ENGLAND AND EUROPE." REVIEWS OF THE WORK. From the NAUTICAL MAGAZIBfE, July, 1876. "It is rarely that we find a book fulfilling the lemiirements of both classes; full and precise enough for the lawyer, and at the same time intelU- zible to the non-legal understanding. Vet the two volumes by Mr. Kay on the law relating to ship- masters and seamen will, we venture to say, he of equal service to the captain, the lawyer, and the Consul in th^r respfctive capacities, and even of interest to the public generally, written as it is in a dear and interesting style, and treating of a subject of such vast importance as the rights and liabilities and relative duties of all passengers included, who venture upon the ocean ; more than that, we think that any able-seaman might read that chapter on the crew with the certainty of acquinng a clearer notion of his own position on board ship. "We can make no charge of redundancy or omission against our author : but tf we were called upon to select any one out of the fifteen parts into which the two volumes are divided as being espe- cially valuable, we should not hesitate to choose that mimberecf three, and entitled 'The Voyage. There the master will find a succinct and compen- dious statement of the law respecting his duties general and particular, with regard to the ship and Its freight from the moment when, on taking com- mand, he is bound to look to the seaworthiness of the ship, and to the delivery of her log at the final port of destination. In Part IV. his duties are considered vjth respect to the cargo, this being a distinct side of his duplicate character, inasmuch as he is agent of the owner of the cargo just as much as the owner of the ship. " Next in order ofpQsitiori come ' Bills of Lading' and ' Stoppage in Transitu.' We confess that on first perusal we were somewhat surprised to find the subject of the delivery of goods by the master given priority over that of bills, of ladjng ; the logicil sequence, however, of these matters was evidently sacrificed, and we thiflk with advantage to the author's desire for unity in his above-mentioned chapters on 'The Voyage.' That this is so is evi- denced by the fact that afler his seventh chapter with the heading of the former and a reference 18 STEVENS &^ HAYNES, BELL YARD, TEMPLE BAR, THE LAW RELATING TO SHIPMASTERS AND SEAMEN. REVIEWS OF THE V^Q-RK— continued. ante. ' The power of the master to bind the owner by his personal contracts,' ' Hypothecation,' and 'The Crew,' form the remainder of the con- tents of the first volume, of which we should be glad to have niiade more mention, but it is obvi- ously impossible to criticize in detail a work in which the bare list of cited cases occupies forty- four pages. " The question of compulsory pilotage is full of difficulties, which are Well sum'med up by Mr. Kay. " In conclusion, we can heartily congratulate Mr. Kay upon his success." From the LIVERPOOIi JOXTENAL OF OOMMEBCE, ' ' The law relating to Shipmasters and Seamen * — ^such is the title of a voluminous and important work which has just been issued by Messrs. Stevens and Haynes, the eminent law publishers, of London. *The author is Mr. Joseph Kayj Q.C., and while treating generally of the law relating to shipmasters and seamen, he refers more particularly to their ap- pointment, duties rights, liabilities, and remedies. It consists of two la^ge.yolunies, the text occupying nearly twelve hundred pages, and the value otthe work being enhanced by copious appendices and index, and by the quotation of a mass of authori- ties. . '. 7*he work -must he an invaluable o-ne to ike shipowner J shipinasier^ or consul at a. foreign port. The language is clear and simple, while the legal standing of the author is a sufficient guarantee that he writes with the requisite authority, and that the cases quoted by him are deceive as regards the points on which lie touches." From the LAW JOURNAL. ".The author tells us that for ten years he has been engaged upon it. . . . Two large volumes containing iz8i pages of text, 8i pages of appen- dices, 98 pages of index, and upwards of i8oc cited cases, attest the magnitude of the work designed and accomplished by Mr.^ Kay. ^ "Mr. Kay says that he has 'endeavoured to compile a guide and reference book for masters,, ship agents and consuls.' He has been so modest as not to add lawyers to the list of his pupils ; but his •work will, we t^ink^ be welcomed by lawyers who have to do with shipping transactions^ almost as cordially as it undoubtedly will be by *tkose who occupy tfteir business in the great waters." In.Svo, price u., THE "SIX CLERKS IN CHANCERY;" Their SUCCESSORS IN OFFICE, and the "HOUSES" they Uved in. A Reminiscence. By Thomas W. Bpaithwaite, of the Record and Writ Clerks' Office. _ " The removal of the Record and Writ Office to the new building, has suggested the publication of an interesting and opportune little piece of legal history," — Solicitors' Journal, 2 vols. 4to, 1876 — 77. 5/. t,s. calf, THE PRACTICAL STATUTES OF NEW ZEALAND. WITH NOTES AND INDEX. Edited by G. B. BARTON, of the Middle Temple, Barrister-at-Law. THE NEW ZEALAND JURIST (NEW SERIES). JOURNAL AND LAW REPORTS. Published Monthly. Edited by G. B. BARTON, Barrister-at-Law, Dunedin, New Zealand. The Reports include all cases of importance argued and determined in the Court of Appeal of New Zealand, and in the Supreme Court in its various Districts. The New Zealand Jurist is the only Legal Journal published in New Zealand. Orders for the "Jurist " will be received by STEVENS & HAYNES, BELL YARD, TEMPLE BAR, LONDON. STEVENS &• HAYNES, BELL YARD,, TEMPLE BAR. 19 In one thick volume, 8vo, 1875, P"<:e 25^., cloth, THE PRINCIPLES OF THE LAW OF RATING OF HEREDITAMENTS IN THE OCCUPATION OF COMPANIES. By J. H. BALFOUR BROWNE, OF THE MIDDLE TEMPLE, BARRISTER- AT-LAW, AND REGISTRAR TO THE RAILWAY COMMISSIONERS. 'Thetables and specimen valuations which are printed in an appendix to this volume, will be of great service to the .parish authorities, and to the legal practitioners who^ may have to deal with the niting of those properties which are in the occupa- tion of Companies, and we congratulate Mr. Browne on the production of a clear ^nd concise book of the system of Company Rating. There is no doubt that such a work is much' needed, and we are sure that all those who are interested in, or have to do with public rating, will find it of great service. Much credit is therefore due to Mr. Browne for his able^ treatise — a work which, his experience as Registrar of the Railway Commission peculiarly qualified him to undertake."— iaw Magazine, In Svo, 1875, price *js. 6d., cloth, THE LAW OF USAGES & CUSTOMS : %. f rattical fafa SCratt. By J. H. BALFOUR BROWNE, OF THE -MIDDLE TEMPLE, BARRISTER-AT-LAW : REGISTRAR TO THE RAILWAY COMMISSIONERS. "We look upon this treatise as a valuable addition to works written on the Science of Law." — Canada Laiu yoicmal. "As a tract upon a very troublesome department of Law it is admirable — the principles laid down are sound, the illustrations are well chosen, and the decisions and dii^ta are harmonised so far as possiblfr, and distinguished when necessary." — Irish Law Times. "As a book of reference we know of none so comprehensive dealing with this particular branch of Common Law In this way the book is invaluable to the practitioner." — Laixj Magazine. In one volume, Svo, 1875, price i8j., cloth, THE PRACTICE BEFORE THE RAILWAY COMMISSIONERS UNDER THE REGULATION OF RAILWAY ACTS, 1873 & 1874 ; With the Amended General Orders of the Commissioners, Schedule of Forms, and Table of Fees : together with" the Law of Undue Preference, the Law of the Jurisdiction of the Railway Commissioners, Notes of their Decisions and Orders, Precedents of Forms of Applications, Answers and Replies ; and Appendices of Statutes and Cases. By J. H. BALFOUR BROWNE, OF THE" MIDDLE TEMPLE, BARRISTER-AT-LAW, AND REGISTRAR TO THE RAILWAY COMMISSIONERS, " Mr, Browne's book is handy and convenient ^p form, and well arranged for the piu^ose of refer- ence : its treatment -of the subject is fully and carefully worked out : it is, so far as we have been able to test it, accurate and trustworthy. It is the work of a man of capable le|;al attainments, and by official position intimate with his subject ; and we therefore think that it cannot fail to mee^ a real want and to prove of service to the legal profession and the public." — Lavf Magazine. In 8vOj 1876, price Is. 6(/., cloth, ON THE COMPULSORY PURCHASE OF THE UNDERTAKINGS OF COMPANIES BY CORPORATIONS, And the Practice in Relation to the Passage of Bills for Compulsory Purchase through Parliament. By J. H. Balfour Browne, of the Middle Temple, Barrister-at-Law ; Author of ^' The Law of Rating," " The Law of Usages and Customs," &c., &c. ^ both by the promoters and opponents, and as this * was the first time in which the principle of com- pulsory purchase was definitely recognised, there can be no doubt that it will long be regarded as a leading case. As a matter of course, many inci- dental points of interest arose during the progress of the case. . Thus, besides the main question of "This is a work of considerable importance to all Municipal Corporations, and it is hardly too much to say that every member of these bodies should have a copy by him for constant reference. Probablj^ at no very disUnt date the property of all the existing gas and water companies will pass under municipal control, and therefore it is exceedingly desirable that the principles and conditions under which such transfers ou|hrto be made should be clearly under- stood. This task is made easy by the present volume. The stimulus for the publication of siich a work was given by the action of the Parliamentary Committee which last session passed the preamble of the ' Stockton and Middlesborough Corporations Water Bill, 1876.' The volume accordingly con- Uins a full report of the case ias it was presented compulsory purchase, and the question as to whether there was or was not any precedent for the Bill, the questions of water compensations, of appeals front one Committee to another, and other kmdred subr jects were discussed. These are all treated at length by the Author in the body of the work, which is thus a complete legal compendium on the large subject with which it so ably deals." STEVENS <5f HAYNES, BELL YARD, TEMPLE BAR. In 8vo, 1878, prite 6i., cloth, THE LAW RELATING. TO CHARITIES, ESPECIALLY WITH REFERENCE TO THE VALIDITY AND CONSTRUCTION OF CHARITABLE BEQUESTS AND CONVEYANCES. By FERDINAND M. WHITEFORD, of Lincoln's Inn, Barrister-at-Law. "The Law relating to Charities by F. M. Whiteford contains a brief but clear exposition of the law relating to a class of bequests in which the intentions of donors are often frustrated by un- acquaintance with the statutory provisions on the subject. Decisions in reported cases occupy a large portion of the text^ together with the ex- planations pertinent to them. The |;enerai tenor of Mr. Whiteford's work is that of a digest of Cases rather than 'a treatise, a feature, however, which will not diminish its usefulness for purposes of reference." — Law Magazint and Review, In 8vo, 1872, price 7^. 6f/., cloth, AN EPITOME AND ANALYSIS OF SAYIGNY'S TREATISE ON OBLIGATIONS IN ROMAN LAW. By ARCHIBALD BROWN, M.A. EDIH. AND OXON., AND B.C.L. OXON., OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW. " Mr. Archibald Brown deserves the thanks of all interested In the science .of Law, whether as a study or a practice, for his edition of Herr von_ Savignyfe great work on * Obligations.' Mr. Brown has undertaken a double task — the translation of his author, and the analysis of his author's matter. That he, has succeeded in reducing' the bulk of the ori^nal will be^ seen at a glance ; the French translation consisting of two volumes, with some five hundred pages apiece, as compared with Mr. Brown's thin volume of a hundred and jifty pages. At the same time the pith of Von Savigny's matter seems to be very successfully pre- served, nothing which might be useful to the English reader being apparently omitted. The new edition of Savigny will, we hope, be extensively read and referred to by English lawyers. If it is not, it will not be the fault of the translator and epitomiser. Far less will it be the fault qf Savigny himself, whose clear definitions and accu- rate tests are of gteat use to the legal practitioner," — Law yoiimal. THE ELEMENTS OF ROMAN LAW. In 216 pages 8vo, 1875, price 10^., cloth. A CONCISE DIGEST OF THE INSTITUTES OF GAIUS AND JUSTINIAN. With copious References arranged in Parallel Columns, also Chronological and Analytical Tables, Lists of Laws, &'c. cSfc. Primarily designed for the Use of Students preparing for Examination at Oxford, Cambridge, and the Inns of Court. By SEYMOUR F. HARRIS, B.C.L., M.A., OP WORCESTER COLLEGE, OXFORD, AND THE INNER TEMPLE, BARRISTER-AT-LAW, AUTHOR OF "universities AND LEGAL EDUCATION." "Mr. Harris's digest ought to have very great success among law sttidents both in the Inns of Court and the Universities. His book gives, eBidaue of praiseworthy accuracy 0nd laborious condensation. " — Law Journal. " This book contains a summary in English of the elements of Roman Law as contained in the works of Gaius and Justinian, and is so arranged that the reader can at once see what are the opinions of either of these two writers on each point. From the very exact and lucurate references to titles and sections given he can at once refer to the original writers. The concise manner in which Mr. Harris has arranged his digest will render it most useful, not only to the students for whom it was originally written, but also to those persons who, though they have not the time to wade through the larger treatises of Poste, Sanders, Ortolan, and others, yet desire to obtain some knowledge of Roman Law." — Oxford and Cambridge Uni3brgraduates' Journal. "Mr, Harris deserves the credit of having produced an epitome which will be of service to those numerous students who have no time or sufficient ability to analyst the Institutes for themselves.''— XjK^ Times. WORICS FOR LAW STUDENTS. 21 For the Preliminary Examinations before Entering into Articles of Clerkship to Solicitors under the Solicitors Act, 1877. In a handsome 4to volume, with Map of the World, price lar., cloth, THE STUDENTS' REMINDER & PUPILS' HELP IN PREPARING FOR A PUBLIC EXAMINATION. By THOMAS MARSH, PRIVATE TUTOR, AUTHOR OF AN "ENGLISH GRAMMAR," &C. " In these days of competitive examination and welUnigh universal education, students will 'find a useful auxiliary in the 'Student's Remind'er and Pupil's Help,' by Thoitias Marsh, which gives in a concise form some fruitful information, that, just because it is elementary, is apt to be momentarily forgotten," — The Graphic. We welcome this; compendium with great pleasure as being exactly what is wanted in this age of competitive examinations. It is evidently the work of a master nand, and could onl^ be conipiled by one thoroughly experienced_ in the work of tedthing. Mr. Marsh has summarised and analysed the subjects required for the preliminary examinations of law students, as well as for the University and Civil Service examinations. He has paid special attention to mathematics, but the compendium also includes ancient and modern languages, geography^ dictation, &c. It was a happy idea to make it quarto size, and the type and printing are clear and legible." — Irish Law Times, * This remarkable volume might almost be described as containing a' little of everything, and any studait who masters its contents may fairly regard himself as standing well for such ordinary examinations as he may be called upon to pass. Mr. Marsh has evidently had great experience in preparing pupils for such tests, and he has in this work brought together a mass of leading points on a variety of subjects for their assistance. " — Cify Press, Now ready, Second Edition, in 8vo, price .21^., cloth, EMGLISH CONSTITDTIONAL HISTORY. PMOM THE TEUTONIC INVASION TO THE. PRESENT TIME. Jfsijiwii as rt "STrxt-iooft fat ,St«J)«nts ani others. By,T. p. TASWELL-LANGMEAD, B.C.L., OF Lincoln's inn, barrister-at-law, late tutor on constitutional law and legal HISTORY TO THE FOUR INNS OF COURT, AND FORMERLY VINERIAN scholar in THE UNIVERSITY OF OXFORD, Second and Enlarged Edition, revised throughout, and in many parts rewritten. -*' The work before us it would be hardly possible to praise too highly. In style, arrangement, clearness, and size, it would be difficult to find anytning better on the real history of England, the history of itis constitutional growth as a complete story, than this volume." — Boston {U.S.) Literary WorH. *'As it now stands, we should find it hard to name a better text-book on English Constitutional 'H.istory."—Saiu:itors' yotimal. "THat the greatest care and labour have been bestowed upon it is apparent in every page, and we' doubt not that it will become a standard work not likely soon to die out." — Oxford attd Cambridge Under- graduate? yournal. _ _ ' ^ " As a text-book for the lecturer it is most valuable. It does not always observe a strict chronological sequence, but brings together all that has to be said on a given subject at the point when that subject happens to possess a special importance." — Contemporary Review. ** Mr. Taswell-Langmead's compendium of the rise and development of the English Constitution has evidently supplied a want. .... The present Edition is greatly improved. , . . We have no hesitation in saying that it is a thoroughly good and useful work." — Spectator. . , "We think Mr. TasweTl-Langmead may be congratulated upon having compiled an elementary work of conspicuous merit." — Pall Mall Gazette. " For students of history we do not know any work which we could more thoroughly recommend." — Law Times. ** It is a safe, careful, praiseworthy digest and manual of all constitutional history and \^yj"-^lobe. "The volume on English Constitutional History, by Mr. Taswell-Langmead, is exactly what such a history should ht"— Standard. ** As a text-book for students, we regard it as an exceptionally able and complete work." — Law^ourttal. " Mr. Taswell-Langmead has thorou^ly grasped the bearings of his subject. It is, however, in dealing. with that chief subject of constitutional history— parliamentary government — that the work exhibits its great superiority over its riv^s*' ^Academy. 22 WORKS FOR "LAW STUDENTS. Fifth Edition, in 8vo, 1880, price 25^., cloth, THE PRINCIPLES OF EQUITY. INTENDED FOR THE USE OF STUDENTS AND THE PROFESSION. By EDMUND H. T., SNELL, OF THE MIDDLE TEMPLE, BAERISTER-AT-LAW. FIFTH EDITION. TO WHICH IS ADDED AN EPITdME OF THE EQUITY PRACTICE. SECOND EDITION. By ARCHIBALD BROWN, M.A., Edin. & Oxon., & B.C.L. OxoN., OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW ; AUTHOR OF ''a NEW LAW DICTIONAHYi" "an ANALYSIS OF SAVIGNY ON OBLIGATIONSj" AND THE " LAW OF FIXTURES." REVIEWS. "Rarely has a text-book attained more complete and rapid success than Snell's * Principles of Equity/ of which a fifth edition has just been issued." — Lam Times. " Seldom does it happen that a work secures so great a reputation as tfiis book, and to Mr. Brown is due the credit of keeping it up with the times It is certainly the most comprehensive as well as the best woric on Equity^ Jurisprudence in existence." — Oxford and Cambridge Undergraduaie's Journal. " The changes introduced by the Judicature Acts have been well and fully explained by the present edition of Mr, Snail's treatise," and everything necessary in' the way of revision has been conscientiously accomplished. We perceive the fruitful impress of the 'amending hand' in evei-y page; the results of the decisions under the new system have been carefully explained, and engrafted into the original text ; and in a wordj Snell's work, as edited by Mr. Brown, has proved the fallacy of Bentham's description of Equity as * that capricious and inconsistent mistress of our fortunes, whose features no one is able to delineate.' He has added a book, comprising 127 pages, on the present ' Practice in Equity,' as to which he observes that it ' will be probably found by students very serviceable, and by practitioners very handy and convenient, seeing that it embodies the whole procedure (even in its minutest details), and at the same time collects it all together under efficient practical headings, with their sub-divisions, so much so that everything may be found in the 'Practice' without either difficulty of search or diversity of reference.' This, on the whole, accurately describes the general character and quality of that portion of the work ; but at the same time, we must say that it cannot well claim to be much more than a skilful Pricis of the procedure as formulated and ^escribed by the Acts and Rules themselves^ with a few exceptions, but without anything like an expanded treatment such as iMght render that portion of the work equal to the portion dealing with the principles- of equity. Suggested, however, by the necessities experienced by its writer in his own practice, it will doubtless prove useful to others in an equal degree : and it certainly forms a valuable and much-needed supplement to Mr. Snell's work." — Irish Law Times, " We know of no better introduction to the Principles of Equity.''^ — Canada Law Journal. ''Within the ten years which have elapsed since the appearance of the first, edition of this woi:k, it^ reputation has steaBily increased, and it has long since been recognised by students, tutors and practitioners, as the best elementary' treatise on the important and difficult branch of the." law which forms its subject. In editing the fourth edition, Mr. Brown, while ' working up the language and contents of the book to the level of the new procedure introduced by the Judicature Acts,' noting changes of the law, and correcting the minor errors, has wisely abstained from interference with thegeneral character of the work, which equally with its lucidity and trustworthiness has shared in gaining the approval of the profession. But he has added a new feature in an Epitome of the Practice in Equity which forms a valuable comple- ment to the ' Principles;' equally usefifl to the young practitioner and to the student, by whom Principles and Practice should be concurrently studied. We think Mr. Brown is to be congratulated on haying .produced a really useful Epitome, which while not attempting to Supersede the larger Practices, will be found a safe guide to the Practitioner in all ordinary proceedings." — Law Magazine and Revieiv. WORKS FOR LAW STUDENTS. 23 In one volume, 8vo, 1874, price \%s., cloth, PRINCIPLES OF CONVEYANCING. AN ELEMENTARY WORK FOR ■ THE USE OF STUDENTS. By henry C. DEANE, OF Lincoln's inn, barkister-at-law, sometime lecturer to the incorporated law society OF THE UNITED KINGDOM. ' ' Mr. Deane is one of the Lecturers of the Iriqorporated Law Society, and in his elementary work intended for the use of students, he embodies some lectures given at the halt of that society. It would weary our readers to take them over the ground necessarily covered by Mr. Deane. The fil-st part is devoted to Cor- poreal Hereditaments, and the second to Conveyancing. The latter Is prefaced by a very interesting * His- tory of Conveyancing,' and for practical purposes the chapter (Ch. a, Part IL) on Conditions of Sale is decidedly valuable." — Laiu Times. *'JVe hops to see this book, like SnelVs Equity, a standard class-book in all Law Schools where English law is taught" — Canada Law Journal. " It seems essentially the book for young convey- ancers, and will, probably, in many cases supplant Williams. It is, in fact, a modem adaptatidfnof Mr. Watkin's book on conveyancing, and is fully equal to its prototype." — Irish Laiv Times. ** Bxtremely useful to students, and especially to those gentlemen who are candidates for the various le^l examinations. There are so many questions set now on case law that they would do well to peruse this treatise* of Mr. Deane 's, and use it in conjunction with a book of questions and answers. They will find a considerable amount of equity case law, especially in the second part of Mr. Deane's book, which comprises in substance some lectures delivered by the author at the Law Institution."—^ Law Jo%ir7ial. Second Editionj in 8vo, price \os. 6d., cloth, A SUMMARY OF THE LAW & PRACTICE IN ADMIRALTY. ■ FOR THE USE OF STUDENTS. By EUSTACE SMITH, OF THE INNER TEMPLE; AUTHOR OF "A SUMMARY OF COMPANY LAW." " It is however, in our opinion, a well and carefully written little work, and should be in the hands of every student who is taking up Admiralty Law at the Final." — Law Stude?its^ Journal. "The divisions of his book are sensible, his language is concise, and he has succeeded without over- weighting any part of it, to give the student a very just appreciation of the origin of the Courts of Admiralty, the claims that can be enforced in them, and the mode of practice as it at present exists. ' Altogether Mr. Eustace Smi(h has turned out a book in a small compass which is to be commended," — Articled Clerk£ yemmal. , , " Mr. Smith has a happy knack of compre'ssing a large amount of useful matter in a small compass, the present work will doubtless be received with satisfaction equal to that with which his previous ' Summary ' has been met." — Oxford and Cambridge Undergraduate^ Journal. In preparation. Second Edition, in 8vo, price j., cloth, A SUMMARY OF THE LAW AND PRACTICE IN THE ECCLESIASTICAL COURTS. FOR THE USE- OF STUDENTS. By EUSTACE SMITH, OF THE INNER TEMPLE; AUTHOR OF "a SUMMARY OF COMPANY LAW," AND "a SUMMARY OF THE LAW AND PRACTICE IN ADMIRALTY." " His object has been, as he tells us in his preface, to give the student and general reader a fair outline of the scooe and extent of ecclesiastical law, of the principles on which it is founded, of the Courts by which it isenforced, and the procedure by which these Courts are regulated. We think the book well fulfils its object. Its value is much enhanced by a profuse citation of authorities for the propositions contained in it."— ^»r Examination ymrnal. In 8vo, price 6^-., cloth, AN EPITOME OF THE LAWS OF PROBATE AND DIVORCE, FOR THE USE OF STUDENTS FOR H9N0URS EXAMINATION. By J. CARTER HARRISON, Solicitor. 2i WORKS FOR LAW STUDENTS. Second Edition. In one volume, 8vo, price 2Qr., cloth, PRINCIPLES OF THE COMMOK LAW. INTENDED FOR THE USE OF STUDENTS AND THE PROFESSION. SECOND EDITION. By JOHN INDERMAILJR, SOLICITOR, AUTHOR OF "a MANUAL OF THE PRACTICE OF THE SUPREME COURT," " EPITOMES OF LEADING CASES," AND OTHER WORKS. " Mr. Indermaur renders even law light reading. He not only possesses the faculty of judicious selection, but of lucid exposition and felicitous illustration. And HAYNES, BELL YARD, TEMPLE BAR. In one volumej 8vo, price 25^., cloth, AN ESSAY ON THE RIGHTS OF THE GROWN AND THE PRIVILEGES OF THE SUBJECT IN THE SEA SHORES OF THE REALM. By ROBERT GREAM HALL, OF Lincoln's inn, barrister-at-law. SECOND EDITION. , Revised and Corrected, together with extensive Annotations, AND References to the later Authorities in England, Scotland, Ireland, and the United States. By RICHARD LOVELAND LOVELAND, OF THE INNER TEMPLE, BARRISTER-AT-LAW. necessary to supplement it so largely by reference to cases since decided. A tempting opportunity was, therefore, .offered to an intelligent editor to supply this defect in the work, and Mr» Loveland has seized it,- and proved his caj^city in ^,very marked manner. As very good specimens of anno- tation, showing clear judgment in selection, we may refer to the subject of alluvion at page 109, and the rights of fishery at page 50. At the latter place he begins his notes by stating under what expressions a*' several fishery ' has been held to pass, proceed- ing subseciuently to the evidence which is sufficient to support a claim to ownership of a fishery. The important question under what qi^cumstances property can l^e acquired in tHe soil between high and low water mark is lucidly discussed' at page 77, whilst at page 81 we find a pregnant note on the property of a grantee of wreck in goods stranded within his ltbe_rty. '"We think we can promise Mr. Loveland the reward for which alone he says he' looks — that this edition of Hall's Essay will prove a most decided assistance to those engaged in cases relating to the foreshores of the country. "-^Z^w Tirftes. "This is an interesting and valiia'ble book. It treats of one of those obscure branches of the law which there is no great inducement for a legal writer to take up. . . ;i . Mr. Hall, whose first edition was' issued an 1^830, was e^ Writer of consider- able power and niethod. Mr. LoVSland's editing reflects the valuable qualities of the: ' Essay ' itself. He has done his work without pretension, but in a solid and efficient manner. The * Summary of Con- tents ' gives an admirable epitome of the chief points discussed in the * Essay,' and indeed, in some twenty propositions, supplies a , useful outline of the whole law. Recent cases are -noted at the foot of each p.a|;e with gr&.t care and, accuracy, while an Appendix;contains much valuable matter; including Lord Hale's treatise De' Jure Maris, about which there has been so much controversy, and Serjeant Merewether's learned argument on the rights in the river Thames. The book will, We think, take its place as the modern authority on the subject." — Law Journal. The treatise, as originally published, was one of considerable value, and has ever since been quoted as a standard authority. But as time ^^assed, afid. cases -accumulated^ its value diminishedj as it was " The entire book is mastcriy." ^Albany LAW JournaLs In one volunje, 8vo, price 12s., cloth, A TREATISE ON THE LAW RELATING TO THE POLLUTION AP OBSTRUCTION OF WATER COURSES ; Together with a Brief Summary of the Various Sources of Rivers Pollution. By CLEMENT HIGGINS, M.A., F.C.S., OF THE INNER, TEMPLE, BARKISTER-AT-LAW. " As a compendium of the law upon a special and rather intricate subject, this treatise cannot but prove of great practical Value^ and more especially to those who have to advise upon the institution of proceedings under the Rivers Pollu- tion Preventive Act, 1876, or to adjudicate m)on those proceedings when brought." — /mA Law Times. "We can 'recommend Mr. Higg^ns' Manual as the best guide we possess." — Public Health. "County Court Judges, Sanitary Authorities, and Riparian Owners will find in Mr. Higgins* Treatise a valuable aid in obtaining a clear notion of the Law on the Subject. Mr. Higgins has accbmplished a work for which he will readily be recognised as having special fitness, on account of his practical acquaintance both with the ^scientific and the legal aspects of his subject." — Law Maga- sine and Review, "The volume is very carefully arranged" through- out, and will prove of great utility both to miners and to ownera of land on the b^ks of rivers.'' — The Mining Journal. "Mr. Hig^s writes tersely and clearly, while his facts are so well arranged that it is a pleasure to refer to his book for information ; and altogether the work is one which will be found very useful hy all interested in the subject to which- it relates." — Engineer, A compact and convenient manual of the law on the subject to which it relates." — Solicitor^ Journal. STEVENS &= HAYNES, BELL YARD, TEMPLE BAR. 81 In 8vo, Third Edition, price 25s., cloth, MAYNE'S TREATISE THE LAW OF DAMAGES. THIRD EDITION. BY JOHN D. MAYNE, OF THE INNER TEMPLE, BARRISTER- AT- LAW \ LUMLEY SMITH, OF THE II^ER TEMPLE, Q.C. • *' During the iwtnty-two years which have elapsed since the.publication of this well-known work, its reputation has been iteadily gi'owing, and it has long since become the recognised authority on the important subject of which it treats " — Law Magazine and Review. "This edition of what has "become a standard work has the advantage of appearing under the supervision of the original author as well as of Mr. Lumley Smith, the editor of the second edition. The result is most satisfactory. Mr. Lumley Smith's edition was ably and conscientiously pre- pared, and we are glad to find that the reader still enjojrs the benefit of his accuracy and learning. At the same time the book has doubtless, been improved by the reappearance of its author as co- editor. The earlier part, indeed, has been to a considerable extent entirely rewritten. " Upon the general principles, according to which damages are to be assessed in actions of contract, HadUy v. Baxendale (9 Ex. 341) still remains the leading authority, and furnishes the text for the discussion contained in the second chapter of Mr. Mayne's book. Properly understood and limited, the rule proposed in that case, ^though, in one respect not very happily worded, is a sound one, and has been repeatedly approved both in England and America. The subsequent decisions, which are concisely summarized by Mr. Mayne, have established that mere knowled^fe of special circumstances is not enough, unless it can be in- ferred from the whole transaction that the contractor consented to become liable to the extra damage. Thislimitationisobviouslyjust, especially in the case of persons, such as common carriers, who have no option to refuse the contract. Mere knowledge on their part of special circumstances ought not, and, according to the dicta of the judges in the Exchequer Chzmher m Horne V Midland Railway Company (zi W. K. 481, L R 8 C. P. 131), would not involve the carrier m additional responsibility. Mr. Mayne^s criticism of the numerous cases in which this matter has been considered leaves nothing to be desired, and the rules he deduces therefrom (pp. 32, 33) appear to us to exhaust the subject. " This text-book is so well known, not only as the highest authority on the subject treated of but as one of the best text-books ever written, that it would be idle for us to speak of it in the words of commendation that U deserves. It is a work that no practising lawyer can do without.''— CAT^AJiA Law Journal. " Mr. Mayne's remarks on damages in actions of tort are brief. We agree with him that in such actions, the courts are governed by far looser princi- ples than in contracts ; indeed, sometimes it is impossible to say they are governed by any princi- ples at all. In actions for injuries to the person or reputation, for example, a judge cannot do more than give a general direction to the jury to give what the facts proved in their judgment r,equired. And, according to the better opinion they may give damages ' for example's sake,' and mulct a rich man more heavily than a poor one. In actions for injuries to property, however, ' vindictive ' or * exemplary ' damages cannot: except in' very rare cases, be awarded, but must be. liinited, as in con- tract, to the actual harm sustained. ^ . " The subject of remoteness of damage is treated at considerable length by Mr. Mayne, and we notice that much new matter has been added. Thus the recent cas6 of Riding v. Smith (24 W'. R. 487^ r Ex. D. 91) furnishes the author with an opportunity of discussing the well-know;n rule in Ward v. Weeks (7 Bing. zii) that injury resulting from the repetition of a slander is not actipnable. The rule has always seemed to us a strange one, if a man is to be made responsible for the, natural consequences of his acts. For every one who utters a slander may be perfectly certain that it will be repeated. It is needless to comment upon the arrangement of the subjects in this edition, in which no alteration has been made. The editors modestly ex^iress a hope that all the English as well as the principal Irish decisions up to the date have been included, and we believe from our own examination that the hope is well founded. We may regret that, warned by the growing bulk of the book, the editors have not included any fresh American cases, but we feel that the omission was unavoidable. . We should add that the whole" work has been thoroughly revised." — Solicitor's Journal. 32 STEVENS &' HAYNES, BELL YARD, TEMPLE BAR. In 8vo, price 2s., sewed, TABLE of the FOEEIGN MEEOANTILE LAWS and CODES in Force in the Principal States of EUROPE and AMERICA. By Charles Lyon-Caen, Professeur agr^ge k la Faculty de Droit de Paris ; Professeur i I'Ecole libre des Sciences politiques. Translated by Napoleon Argles, Solicitor, Paris. In one volume, demy 8vo,. price lOJ. dd., cloth, PRINCIPLES OF THE LAW OF STOPPAGE IN TRANSITU, RETENTION, AND DELIVERY. By JOHN HOUSTON, of the Middle Temple, Barrister-at-Law, " We Jiave no hesitation in sa^ng, that we think Mr. Houston's book will he a very useful accession to the library of either the merchant or the lawyer." — Solicitors' yoiimal. ■ "'We have, indeed, met with few works which so successfully surmount the difficulties in the way of this arduous undertaking as the*one before us ; for the language is well chosen, it is exhaustive of the law, and is systematised with great method." — American Lanv Review, duty was discharged, and nothing could he more natural than that the reporter slbould publish a separate report in book form. This has been done, and Mr. Finlason introduces the report by one hundred pages of dissertatidn on the general law. To this we snail proceed to refer, sjmply remarking before doing so, that the charge to tne Jury has been carefully revised by the Lord Ch|ef Justice." — La-w Tildes. In 8vo,. price loj-. 6^/., cloth, A REPORT OF THE CASE OF THE queen" y. GURNEY AND OTHERS, 111 the Court of Queen's Bench before the Lord Chief Justice Cockburn. With an Introduction, containing a History of the Case, and an Examination of the Cases at Law and Equity applicable to it ; or Illustrating the Doctrine of Com- mercial Fraud, By W. F, Finlason, Barrister-at-Law. " It will probably be a very Jong time before the prosecution of the Overend and Gurn^y directors is lorgDjtten. It remains as an example, and a legal precedent of considerable value. It involved the inan^ensely important question where innocent mis- repire^entatiQn ends^ and where fraudulent misrepre- sentation begins. "All who perused the report of this case in the columns of the TtmeSf must have observejd the reni^u'kable fulness and accuracy with which that i2mo, price lOf. 6(1., cloth, A TREATISE OK THE GAME LAWS OF EHGLASD AHD WALES: Including Introduction, Statutes, Explanatory Notes, Cases, and Index. By John Locke, M.P., QiC, Recorder of Brighton. The Fifth Edition, in which are introduced the GAME LAWS of SCOTLAND and IRELAND. By Gilmore Evans, of the Inner Temple, Barrister-at-Law. In royal 8vo, price los. dd., cloth, THE PRACTICE OF EQUITY BY lAY OF REYIYOR AND SUPPLEMENT. "With Forms of Orders and Appendix of Bills. By LOFTUS LEIGH PEMBERTON, of the Chancery Registrar's Office. " Mr. Pemberton has, with great care, brought l will probably be applied to future cases." — Soli- tggether and qlassified all these conflicting cases, ciiors' Joumal. and has, as far as may be, deduced principles which | In 8vo, price 5^., cloth, THE LAW OF PRIORITY. A Concise View of the Law relating to Priority of Incumbrances AND OF other RIGHTS IN PROPERTY. By W. G. ROBINSON, M.A., Barrister-at-Law. '* Mr. Robinson's book may be recommended to the advsinccd student, and will furnish the practi- tioner with a useful supplement to larger and more complete works." — Solicitors* yojtmal. STJ^VENS &= HAYNES, BELL YARD, TEMPLE BAR. In crown 8vo, price \(>s., cloth, 33 A MANUAL OF THE PRACTICE OF PARLIA- MENTARY ELECTIONS throughout great Britain and IRELAND. Coinprisii^ the Duties of Returning Officers and their Deputies, Town Clerks, Agents, Poll-Clerks, &c., and the Law of Election Expenses, Corrupt Practices, and illegal Payments. With an Appendix of Statutes and an Index. By Henry Jeffreys BushSYs Esq., one of the Metropolitan Police Magistrates, sometime Recorder oT Colchester. — Fifth Edition. Adapted to and embodying the recent changes in the Law, including the Ballot Act, the Instruc- tions to Returning Officers in England and Scotland issued by the Home Office, and the whole of the Statute Law relating to the subject. Edited by Henry Hardcastle, of the Inner Temple, Barns ter-at- Law. , "We have just received at a very opportune moment the new edition of this useful work. We need only sajj that those who have to do with elections will find ' Bushby's Manual ' replete with information and trustworthy, and that Mr. Jlard- castle has incorporated all the recent changes of the law."— Z-aa; journal. "As far as we can judge, Mr. Hardcastle, who is known as one of the joint editors of O'Malley and Hardcastle's Election Reports, has done his work well For practical purposes, as a handy manual, we can recommend the work to returning officers, agents, and candidates ; and returning officers cannot do better than distribute this manual freely amongst their, subordinates, if they wish them to understand their work." — Soli- citors' youmai. A Companion Volume to the above, in crown 8vo, price 9j., cloth, THE LAW AND PKAOTIOE OF ELECTION PETITIONS, With an Appendix containing the Parliamentary Elections Act, 1868, the G^netal Rules for the Trial of Electim Petitions in England, Scotland, and Ireland, Forms of Petitions, &c. Second Edition. "By Henry Hardcastle, of the Inner Temple, Barns ter-at- Law. "Mr. Hardcastle gives us an original treatise with foot notes, and he has evidently taken very considerable pains to make his work a reliable fiiide. Beginning with the eflfect of the Election etitions Act, 1868, he takes his readers step by step through the new procedure. His mode of treating the subject of ' particulars ',will be found extremely useful, and he gives all the law and practice in a very small cotnpass. In an Appendix is supplied the Act and the Rules. We can thoroughly recommend Mr. .Hardcastle's book as a concise manual on the law and practice of election petitions." — Law Times. Now feady. Vols. I., 11., & III., price 73J. ; and Vol. IV., Pt. I., price 2s. 6^., REPORTS OF THE DECISIONS OF THE JUDGES FOR THE TRIAL OF ELECTION PETITIONS IN ENGLAND AND IRELAND. PURSUANT TO ' THE PARLIAMENTARY ELECTIONS ACT, 1868. By EDWARD LOUGHLIN O'MALLEY and HENRY HARDCASTLE. In 8vo, price 12^., cloth, THE LAW OF FIXTURES, IN THE PRINCIPAL RELATION OF LANDLORD AND TENANT, AND IN ALL OTHER OR GENERAL RELATIONS. FOURTH EDITION, By ARCHIBALD BROWN,. M.A. Edin. and Oxon., and B.C.L. Oxon., OF THE MIDDLE TEMPLE, DARRISTER-AT-LAW. " The author tells us that every endeavour has been made to make this Edition' as complete as irossible. We think he has been very successful. For instance, the changes effected by the Bills of Sale Act, 1878, have been well indicated^ and a new chapter has been added with reference to the Law of Ecclesiastical Fixtures and Dilapidiations. The book is worthy 'of the success it has achieved." — Latu Times. * ' We have touched on the principal features of this new edition, and we have not space for further " remarks on the book itself: but we may observe that the particular circumstances of the cases cited are in all instances sufficiently detailed to make the jprinCiple of law clear ; and though very many of tile principles given are in the very words of the judges, a^ the same time the author has not spared to deduce hi& own observations, and the treatise isicommend- able as well for originality as for laboriousness." — Law yourftal. 34 STEVENS d- HAYNES, BELL YARD, TEMPLE BAR. .Stcbtits aub g)«j)ius' §mt« rl ^fiwints of tlu ©aria glrpirfttrjs. SIR BARTHOLOMEW SHOWER'S PARLIAMENTARY CASES. In 8vo, 1876, price 4/. 4J., best calf binding, SHOWER'S CASES IN PARLIAMENT RESOLVED AND ADJUDGED UPON PETITIONS 6» WRITS OF ERROR. FOURTH EDITION. CONTAINING ADDITIONAL CASES NOT HITHERTO REPORTED. REVISED JiND EDITED BY RICHARD LOVELAND LOVELAND, OF THE INNER TEMPLE, BAKKISTEB-AT-LAW ; EDITOR OF " KELYNG'S CROWN CASES," AND " hall's essay on THE RIGHTS OF THE CROWN IN THE SEASHORE." " Messrs. Stevens & Haynes, the successful publishers of the Reprints of Bellewe, Cooke, Cunningham, Brookes's New Cases, Choyce Cases in Chancery, William Kelynge and Kelyng's Crown Cases, determined to issue a new or fourth Edition of Shower's Cases in Parliament. " The volume, although beautifully printed oh old-fashioned Paper, in- old-fashioned type, instead of being in the quarto, is in the more convenient octavo form, and contains several additional cases not to be found in any of the previous editions of the work. " These are all cases of importance, worthy of being ushered into the light of the world by enterprising publishers. "Shower's Cases are models for •reporters, even in our day. The statements of the case, the arguments of counsel, and the opinions of the Judges, are all clearly'and ably given. ' ' This new edition with an old face of these'valuable reports, imder the able editorship of R. L. Loveland, Esq., should, in the language of the advertisement, 'be welcomed by the profession, as well as enable the custodians of public libraries to complete or add to their series of English Law Reports.'" — Canada Law Jmii-nal. BELLEWE'S CASES, T. RICHARD IL In 8vo, 1869, price 3/. 3^., bound in calf antique, LES ANS DU ROY RICHARD. LE SECOND. Collect' ensembl' hors les abridgments de Statham, Fitzherbert et Brooke. Per Richard Bellewe, de Lincolns Inne. 1585. Reprinted from the Original Edition. ". " No' public library in the w^orld, where English law finds a place, should be without a copy of this ' edition of Bellewe." — Canada Law Jownal. " We have here 2.feu:-siniile edition of Bellewe, and it is really the most beautiful and admirable reprint that has appeared at any time. It is a perfect gem of antique printing, and forms a mo.st interesting monument of our early legal history. It belongs to the same class of works, as the Year Book of Edward I. and other similar Tworks which have been printed in our own time under the auspices of the Master of the Rolls ; but is far superior to any of them, and is hj this respect highly creditable to the spirit and 'fenterprise^^of private publishers. The work is an important link in our legal history ; there are no year books of the reign of Richard II. ,,andiJeUewe supplied theonly substitute by carefully extracting and collecting al! the cases he could hnd, and he diH it in the most convenient form— that of alphabetical arrangement in the order of subjects,, so that the work is a digest as well as a book of law reports. It is in fact a collection of cases of the rei^ of Richard II., ansinged according to their-subjectsin alphabetical order. It y$ i^erefore, one of the most intelligible and interesting legal memorials of the Middle Ages." — Laifj Times. CUNNINGHAM'S REPORTS. In 8vo, 1 871, price 3/. 3^., calf antique, Cunningham's (T.) Reports in K. B., 7 to 10 Geo. II.; to which is prefixed a Proposal for rendering the Laws of England clear and certain, hiunbly offered to the Consideration of both Houses of Parliament. Third edition, with numerous Corrections. By Thomas Townsend Bucknill, Barrister-at-Law. "The instructive chapter ^^hich precedes the cases, entitled ' A proposal for rendering the Laws of England clear and certain,' gives the volume a degree of peculiatinterest, independent of the value of many of the reported cases. That chapter begins with words which ought, for the information M every people, to be printed in letters of gold. They are as follows : ' Nothing conduces more to the peace and prosperity of every nation than good laws and the due execution of them.' The history of the 9vil law is then rapidly traced. Next a histoi-y is given of English ReporterS| beginning with the reporters of the Year Books from i Edw. III. to 12 Hen. VIII. — being near 200 years— and afterwards to the time of the author." — Canada Law journal. STEVENS &= HAYNES, BELL YARD, 'TEMPLE BAR. 35 ffAYNES, SELL YARD, TEMPLE BAR. 41 , Just published, in 8vo, price izr., cloth, CHAPTERS ON THE LAW RELATING TO THE COLONIES. To which is appended a Topical Index of Cases decided in the Privy Councii- on Appeal from the Colonies, the Channel Islands and the Isle of Man, reported in Acton, Knapp, Moore, the Law Journal Reports, and the Law Reports, to July, 1882. By CHARLES JAMES TARRING, OF THE INNER TEMPLE, ESQ., BARRISTER-AT-LAW. CONTENTS. Table of Cases Cited. Table of Statutes Cited. InUpductory. — ^Definition of a Colony. • Chapter I. — ^The laws to which the Colomes are subject. Chapter II,— The Executive. Section i.^The Governor, Section 2. — ^TTie Executive Council. Chapter III. — ^The Legislative power. Section i. — Crown Colonies. Section 2. — Privileges andpowersof colonial Legislative Assemblies. Chapter IV. — The Judiciary and Bar. Chapter V. — Appeals from the Colonies. Chapter VI. — Section i. — Imperial Statutes relating to the Colonies in general. Section 2. — Imperial Statutes relating to particular Colonies. Topical Index of Cases. Index of Topics of English Law dealt with IN THE Cases. Index of Names of Cases. GENERAL INDEX. In 8vo, price los, cloth, THE TAXATION OF COSTS IN THE CROWN OFFICE. COMPRISING A COLLECTION OF BILLS OF COSTS IN THE VARIOUS MATTERS TAXABLE IN THAT OFFICE; INCLUDING COSTS UPON the PROSECUTION of FRAUDULENT BANKRUPTS, AND ON APPEALS FROM INFERIOR COURTS; TOGETHER WITH A TABLE OF COURT FEES, and a scale of costs usually allowed to solictors, on the taxation of costs on the crown side of the queen's bench division of the high court of justice. By FREDK. H. short, CHIEF CLERK IN THE CROWN OFFICE. " This is decidedly a useful work on the subject of those co.sts which are liable to be taxed before the Queen's Coroner and Attorney (for which latter name that of ' Solicitor ' might now well be substituted), or liefoie the master of the Crown Office ; in fact, such a book is almost indispensable when pr«>aring costs for taxation in the Crown Office^ or when taxing an opponent's costs. Country solicitors will find the scale relating to bankruptcy prosecutions of especial use, as such costs are taxed in the Crown Office. The 'general observations ' constitute a useful feature m this manual." — Law Times, * ' ITiis book contains a collection of bills of costs in the various matters taxable in the Crown Office, When we point out that the only scale of costs available for the use of the general body of solicitors is thatpub- lished in Mr. Corner's book on ' Crown Practice ' in 1844, we have said quite enough to prove the utility of the work before us. ' , , , ,, i„ j , "In them Mr. Short deals with ' Perusals,' 'Copies for Use," 'Affidavits,' 'Agency,' 'Correspondence ' Close Copies," ' Counsel," ' Affidavit of Increase,' and kindred matters ; and adds some useful remarks on taxation of 'Costs iiv Bankruptcy Prosecutions,' 'Quo Warranto^ ' Mmtdamiis,' 'Indictments,' and * Rules ' ' ' We have rarely seen a work of this character better executed, and we feel sure that it will be thoroughly appreciated. — Law Journal. r t. 1 "The recent revision of the old sqale of costs in the Crown Office renders the Mjpearance of this writ particularly opportune, and it cannot fail to be welcomed by practitioners. Mr. Shorl gives, m the first place a scale of costs usually allowed to solicitors on the taxation of costs in the Crown Office, and then bills of costs in various matters. These are well arranged and clearly ^m1&&."—SoHcitori younutl. 42 STEVENS &= HAYNES, BELL YARD, TEMPLE BAR. In one volume, 8vo, price i6j., cloth, A CONCISE TREATISE ON THE STATUTE LAI OF THE LIMITATIONS OF ACTIONS. With an Appendix of Statutes, Copious References to English, Irish, and American Cases, and to the' French Code, and a Copious Index. By henry THOMAS BANNING, M.A., OF THE INNER TEMPLE, BARRISTER-AT-LAW. " In this work Mr. Banning has grappled with one of the most perplexing branches of our statute law. The law, as laid down by the judicial decisions on the various, Statutes of Limitations, is given in thirty- three short chapters under ^ many headings, and each chapter treats of a sub-division of one of the main branches of the subject..; thus we have ten chapters devoted to real property. This arrangement entails a certain amount of repetition, but is not without its advantages, as the subject of each chapter is tolerably exhaustively treated- of within tht limits of a few pages. We think that in t]yis respecfthe author has exercised a wise discretion. So far as we have tested the cases cited, the effect of the numerous decisions appears to be accurately given — indeed, the author has, as we are informed in the preface, ' so far as is consistent with due brevity, employed the ipsissijna. verba of the tribunal ; ' and the cases are brought down to a very recent date The substance of the book is satisfactory ; and we may commend it , both to students and pfactitioners." — Solicitor^ journal. "Mr. Banning's ' Concise Treatise ' justifies its title. He brings into a convenient compass a general view of the law as to the limitation of Actions as it exists under numerous statutes, and a digest of the principal reported cases relating to the subject which have arisen in the English and American courte." — Sat7irday Review. " Mr. Banning has adhered to the plan of printing the Acts in an appendix, and making his book a running treatise on the' case-law thereon. The cases have evidently been investigated with care and digested with clearness and intellectuality." — Law yonmal. In 8vOj price %s. , cloth, The TRADE MARKS REGISTRATION ACT, 1875, And the Rules thereunder ; THE MERCHANDISE MARKS ACT, 1862, with an Introduction containing a SUMMARY OF THE LAW OF TRADE MARKS, together with practical Notes and Iilstructions, and a copious Index, By Edward Morton Daniel, of Lincoln's Inn, Barrister-at-Law. *'The last of the works on this subject, that by Mr. Daniel, appears to have been very carefully done. Mr. Daniel's book is a satisfactory and useful guide." — TAe Engineer. " This treatise contains, within moderate compass, the whole of the law, as far as practically required, on the subject of trade marks. The publication is opportune, the subject being one which must nearly concern a considerable portion of the public, and it may be Recommended to all who desire to take advan- tage of the protection afforded by registration under the new legislation. It is practical, and seems to be complete in every respect. The volume is well printed and neatly got up." — Law Times. J In 8vo, price u., sewed, AN ESSAY ON THE ABOLITION OF CAPITAL PUNISHMENT. Embracing more faiiicularly an Enunciation and Analysis' of the Principles of Law as applicable to Criminals of the Highest Degree of Guilt. By WALTER ARTHUR COPINGER, OF THE MIDDLE TEMPLE, ESQ., BARRISTER-AT-LAW ; Author of "The Law of Copyright in "Works of Literature and Art,'' "Index to Precedents in Conveyanping," " On the Custody and Production of Title Deeds." "We can recommend Mr. Copinger's book as containing the fullest collection we have seen of facts and quotations from eminent jurists, statistics, and general information bearing on the subject of capital ^um&ivav&Tits":— Manchester Coiirier. ' -r- ir ' ' In 8vo, price 3IJ. 6rf^, cloth, THE INDIAN CONTRACT ACT, No. IX., of 1872. TOGETHER ■ Vfim AN INTRODUCTION AND EXPLANATORY NOTES, TABLE OF ■CONTENTS, APPENDIX, AND INDEX. By H. S. CUNNINGHAM and H. H. SHEPHERD, BARRISTERS-AT-LAW. STEVENS &» HAYNES, BELL YARD, TEMPLE BAR. 43 Second Edition, in 8vo, price &r., cloth, THE PARTITION ACTS, 1868 & 1876, A MANUAL OF THE LAW OF PARTITION AND OF SALE IN LIEU OF PARTITION. With the Decided Cases, and an Appendix containing Judgments and Orders: By. W. GREGORY WALKER, OF LINXOLN's inn, barrister- AT-LAW, B.A., AUTHOR OF "a COMPENDIUM OF THE LAW OF EXECUTORS AND ADMINISTRATORS." " This is a very good manual — ^practical, clearly written, and comprete. The subject lends itself well to the mode of treatment adopted by Mr. Walker, and in his notes to the various sections he has cardully .brought together the cases and dis- cussed the (nfficulties ansmg upon the langutage of the different provisions." — Soliciiory' Journal. *'The main body of the work is. concerned only with the so-called Partition Acts, which are really Acts enabling the Court in certain cases to sub- stitute a sale for a partition. What these cases are is very well summed uj) or set out in the present edition of this book, which is well up to date. The work is supplemented by a very useful selection of precedents of pleadings and orders." — Law'JoiimaL "This is a very painstaking and praiseworthy little treatise. That such a work has now been published needs^ in fact, only to h^ announced ; for^ meeting as it cloes an undoubted Requirement, it IS sure to secure a place in the library of every equity practitioner We are gratified to be able to add bur assurance that the practitioner will find that his confidence has not been misplaced, and that Mr. Walker's manual, compact and inexpen- sive as it is, is equally exhaustive and valuable." — ■ Irish Lati) Times. In Svo, price 21s., cloth, A TREATISE ON THE LAW AND PRACTICE RELATING TO INFANTS. By ARCHIBALD H. SIMPSON, M.A., OF LINCOLN % INN, ESQ., BARRISTER-AT-LAW, "Mr. Simpson's book comprises the whole of the law relating to infants, both as regards their per- sons and their property, and we have not observed any very important omissions. The author has evidently expended much trouble and care upon his work, and. has brought together, in a concise and convenient form, the law upon the subject down to the present time." — Solicitor^ yminial. "Its law is unimpeachable. We have detected no errors, and whilst the work might have been done more scientifically, it is, beyond all question, a compendium of sound legal principles." — Laiu Tifnes. " Mr. Simpson has arranged the whole of the Law relating to Infants with much fulness of detail, and yet in comparatively little space. The result is due mainly to the businesslike condensation of his style. Fulness, however, has by no means been. sacrificed to brevity, and, so far as we have been AND FELLOW OF CHRIST S COLLEGE, CAMBRIDGE, able to test It, the work omits no point of any im- portance, from the earliest cases to the last. In the essential qualities of clearness, completeness, and orderly arrangement it leaves nothing to be desired. " Lawyers in doubt on any point of law or prac- tice will find the information they require, if It can be found at all, in Mr. Simpson's book, and a writer of whom this can be said may congratulate himself on having achieved a considerable success." — Z.a'w Magazine:, February, 1876. "The reputation of 'Simpson on Infants' is now too perfectly established to need any enco- miums on our part : and we can only say that, as the result of our own experience, we have invariably foimd this work an exhaustive and trustworthy repertory of information on every question con- nected with the law and practice relating to its subject." — Irish hanv Times^ July 7/ 1877. THE In Svo, price %s. , cloth, LAW CONCERNING THE REGISTRATION OF BIRTHS AND DEATHS IN ENGLAND AND WALES, AND AT SEA. Being the whole Statute Law upon the subject ; together with a list of Registration Fees and Charges- Edited, with Copious Explanatory Notes and References, and an Elaborate Index, by Arthur John Flaxman, of the Middle Temple, Barrister-at-Law. *' Mr. Flaxman's unpretentious but admi- rable Utile book -makes the duties of all parties ■unde^ the Act abundantly clegr^ . . . Lawyers will find the book not ofily handy ^ but alsainstruc- tive- and suggestive. To registrars^ and all persons engaged in the execution o/the law, the book vdll be invaluaile. The index occupies thirty-five pages, and is so full that information on a minute point can be obtained without trouble. It is an index that must have cost the author much thought and time. The statements of what is to be done^ who may do itf and what ntust not be done, are so clear that it is well-nigh impossible for tw^ one who consults the book to err. Those who useFlaxman's ' Regis- tration of Births and Deaths '-will admit that our laudaitory criticism is thoroughly merited." — Luw youmO'l. "Mn Aythur John Flaxman, barrister-at-law, of the Middle Temple, has published a small work on ' The Law concerning the Registration of Births and Deaths, in England and W^l^s, and at Sea.' Mr, Flaxman has pursued the only possible plan, giving the statutes and references to cases. The remancable feature is the index, which fills no less than 33 out of a total of 112 pages. The index alone would be extremely useful, and is worth the money asked for the work." — Law Times. 44 STEVENS ^^ HAYNES, BELL YARD, TEMPLE BAR. THE LAW OF EXTBADITION. Second, Edition, in 8vo, price \%s., cloth, A TREATISE UPON THE LAW OF EXTRADITION, WITH 'fHE CONVENTIONS 'UPON THE SUBJECT EXISTING BETWEEN ENCxLAND AND FOREIGN NATIONS, AND THE CASES DECIDED THEREON. By EDWARD CLARKE, OF Lincoln's inn, q.c. "Mr. Clarke's accurate and sensible book is the best authority to .which the English reader can turn upon the subject of Extradition." — Saturday Review. " The opinion we expressed of the merits of this work when it first appeared has been fully justified^ by the reputation it has gained. This new edition, embodying and ex- plaining the receijt legislation oh extradition, is likely to sustain that reputation. .... There are other points we had marked for comment, but we inust content ourselves with heartily commending this new edition to the attention of the profession. It is seldom we come across a book ■ possessiiig so much interest to the general reader and at the same time furnishing so usefiila guide to the lawyer." — Solicitors^ Journal. % " The appearance of a second edition of this treatise does not surprise us. It is a useful book, well arranged and well written. A student who wants to learn the principles and practice of the law of extradition will be greatly helped by Mr. Clarke. Lawyers who have extradition business will find this volume an excellent book of reference. Magistrates who have to administer the extradition law will be greatly assisted by a careful perusal of ' Clarke upon Extradition.' This maybe called a warm commenda- tion, but those who have read the book will not say it is unmerited. We have so often to expose the false pretenders to legal authorship that it is a pleasure to meet with a volume that is the useful and unpretending result of honest work. Besides the Appendix, which contains the extradition conventions of this country since 1843, we have eight chapters. The first is ' Upon the Duty of Extradition ; ' the second on the ' Early Treaties and Cases ; ' the others on the law in the United States, Canada, England, and France, and the practice in those countries." — Law journal. " One of the most interesting and valuable, contributions to l^al literature which it has been our province to notice for a long time, is ' Clarke's Treatise on the Law of Extradition.' Mr. Clarke's work comprises chapters upon the Duty of Extradition ; Early Treaties and Cases ; History of the Law in the United States, in Canada, in England, in France, &c., with an Appendix containing the Conventions existing between England and Foreign Nations, and the cases decided thereon. . . . The work is ably prepared throughout, and should form a part of the library -of every lawyer interested in great Constitutional or International Questions." — Albcaiy Law jfournal. The Times of September 7, 1874, in a long article upon " Extradition Treaties," makes considerable use of this work, and writes of it as " Mr. darkens tiseful Work on Extradition." In 8vo, 1876, price Zs., cloth, THE PRACTICE AND PROCEDURE IN APPEALS FROM INDIA TO THE PRIVY COUNCIL. By E. B. MICHELL and R. B. MICHELL, BARRISTERS-AT-LAW. "A useful manual arranging the practice in convenient order, and giving the tules in forcfe in several Courts. It will be a decided acquisition to those engaged in Appeals from India," — Law Times. STEVENS &- HAYNES, BELL YARD, TEMPLE BAR. 45 PRACTICE OF CONVEYANCING. In 8vo, price 2J-. 6fl'., cloth, TABLES OF STAMP DUTIES FROM 1815 TO THE PRESENT TIME. By WALTER ARTHUR COPINGER, OF THE MIDDLE TEMPLE, ESQUIRE, EARRISTER-AT-LAW '. AUTHOR OF " THE LAW OF COPYRIGHT IN WORKS OF LITERATURE AND ART," " INDEX TO PRECEDENTS IN CONVEYANCING," " TITLE DEEDS " &C. " Conveyancers owe Mr. Copinger a- debt of gratitude for his valuable Index to Prfetedents in Conveyancing : and .we think the little book now before us will add to Jtheir obligations. Mr. Copinger gives, firet of all, an abstract of the Stamp Act, iByo, with the special regulations affecting con- veyances, mortgages, and settlements in fidl. He then presents m a tabular form the ad Valorem stamp duties on/i convejreinces, -mortgages, and settlements, payable in England from the ist of September, 1815, to the loth of October, 1850, and then tables of ad valorem duties payable on the three classes of instruments since the last-mentioned date, and at the present time : arranged very clearly in columns. We cannot pretend to have checked the figures, but those we have looked at are correct: and we think this little book ought to find its way into a good many chambers and offices." — Soli' citori journal. " This book, or at least one containing the same amount of valuable and well-arranged infornia,ti0n, should find a place in every Solicitor's ofiice. It is of especial value when examining the abstract of a large number of old title deeds." — Law Times. His Tables qfSidjup Duties, J^ofn 1815 to 1878, have already been tested in Chambers, and being now published, will materia^y lighten the labours of the profession in a tedious department, yet one re- quiring great care." — Law Magazine ^nd Review. In one volume, Svo, price 14J., cloth, TITLE DEEDS: THEIR CUSTODY, INSPECTION, AND PRODUCTION, AT LAW, IN EQUITY, AND IN MATTERS OF CONVEYANCING, Inclnding Covenants for the Production of Deeds and Attested Copies ; with an Appendix of Precedents, the Vendor and Pmrchaser Act, 1874, &c., &c., &c. By Walter Arthur Copinger, of the Middle Temple, Barrister-at-Law ; Author o£" The Law of Copyright" and "Index to Precedents in Conv^ancing." "In dealing with 'documentary evidence at law and in equity and in matters of conveyancing, including covenants for the production of deeds and attested copies,* Mr. Copinger has shown discrimination, for it is a branch of the general subject of evidence which is very susceptible of independent treatment. We are glad, therefore, to be able to approve both of the design and the manner in which it has been executed. ".The literary execution of the work is good enough to invite quotation, but the volume is not large and we content ourselves with Fecommend- ing it to the profession." — Law Thuds. A really good treatise on this subject must be essential to the lawyer : and this is what we have here. Mr, Copinger has supplied a much-felt want, by the compilation of this volume. We have not space to go into the details of the book ; it appears well arranged, clearly written, and fully elaborated. With these few remarks we recommend this volume to our readers." — Law Journal. In %\o. Second Edition, considerably enlarged, price 30^.', cloth, THE LAW OF COPYRIGHT, In Works of Literature and Art; including that of the Drama, Music, Engraving, Sculpture, Painting, Photography, and Ornamental and Useful Designs ; together with International and Foreign Copyright, with the Statutes Relating thereto, and Rrferences to the- English and American Decisions. By Walter Arthur Copinger, of the Middle Temple, Barrister-at-Law. "Mr. Copinger's book is very comprehensive, dealing with every branch of his subject, and even extending to copyright in foreign countries. So far as we have examined, we have found all the recent authorities noted up with scrupulous care, and there is an unusually good index. There are merits which will, doubtless, lead to the placmg of this edition on the shelves of the members of the profession whose business is concerned with copy- right ; and deservedly, for the book is one of con- siderable value." — Solicitor^ ymimat. " Meanwhile we recommend Mr. Copinger's volume as a clear and convenient work of reference on the many knotty points connected with the existing Law of Copyright, national and inter- national." — Notes atd .Queries. 46 STEVENS &> BAYNES, BELL YARD, TEMPLE BAR. Second Edition, in One large Volume, 8vo, price 42s., cloth, A MAGISTERIAL AND POLICE GUIDE: BEING THE STATUTE LAW, INCLUDING THE SESSION 43 VICT. 1880. WITH NOTES AND REFERENCES TO THE DECIDED CASES, RELATING TO THE PROCEDURE, JURISDICTION, and DUTIES of MAGISTRATES . AND POLICE AUTHORITIES, IN THE METROPOLIS AND IN THE COUNTRY. With an Introduction showing the General Procedure before Magistrates both in Indictable and Summary Matters, as altered by the Summary Jurisdiction Act, 1879, together with the Rules under the said Act. By henry C. greenwood, STIPENDIARY MAGISTRATE FOR THE DISTRICT OF THE STAFFORDSHIRE POTTERIES ; AND . TEMPLE C. MARTIN, CHIEF CLERK OF THE LAMBETH POLICE COURT. " A second edition has appeared of Messrs. -Greenwood and: Martin's valuable and comprehensive magisterial and police Guide, a book whicH Justices of the peace should take care to include in their Libraries." — Saturday Review. . " Hence it is that we rarely light upon a work which commands our confidence, not merely by its research, but also by its grasp of the subject of which it treats. The volume before us is one of the happy few of this latter class, and it is on this account that the public favour will certainly wait upon it. We are moreover convinced that no effort has been spared by its authors^ to render it a thoroughly efficient and trustworthy guide." — Law journal. "Magistrates will find a valuable handbook in Messrs. Greenwood and Martin's ' Magisterial and Police diiide,' of which a fresh Edition has just been published." — T/ie Times. " A very valuable introduction.treating'of proceedings before Magistrates.and largely of the Summary Jurisdiction Act, is in itself a treatise which will repay perusal. We expressed our high opinion of the Guide when it first appeared, and the favourable impression then produced is increased by our examination of this Second Edition." — Law Times. " For the form of the work we have nothing but commendation. We may say we have here our ideal law book. It may be said to omit nothing which it ought to contain." — Law Times. ' ' This handsome volume aims at presenting a comprehensive magisterial handbook for the whole of England. The mode of arrangement seems to us excellent, and is well carried out." — Solicitors' Journal. "The Magisterial and Police Guide, hy Mr. Henry Greenwood and Mr. Temple Martin, is a Jnodel work in its conciseness, and, so far as we have been able to test it, in completeness and accuracy. It ought to be in the hands of all who, as magish-ates or otherwise, have authority in matters of police." — Daily News, " This work is eminently practicaly and supplies a real want. It plainly and concisely states the law on all points upon which Magistrates, are called upon to adjudicate, syste- matically arranged^ so as to be easy af reference. It ought to find a place on every Justice's table, and we cannot but think thai its usefulness will speedily enstire for it as large a sale as its merits deserve.^^ — Midland Counties Herald. " The exceedingly arduous task of collecting together all the enactments on the subject has been ably and efficiently performed, and the arrangement is so methodical and precise that one is able to lay a finger on a Section of an Act almost in a moment It is wonderful what a mass of information is comprised in so comparativfely small a space. We have much pleasure in recommending the volume not only to our professional, but also to our general readers ; nothing can be more useful to the public than an acquaintance with the outlines of magisterial jurisdiction and procedure." — Sheffield Post. STEVENS &> HAYNES, BELL YARD, TEMPLE BAR. 47 Now published, in crown 8vb, price 4J., cloth, ^ A HANDBOOK OF THE LAW OF PARLIAMENTARY REGISTRATION. WITH AN APPENDIX OF STATUTES AND FULL INDEX. By J. R. SEAGER, Registration Agent. In 8vo, price 5j. , cloth, post free, THE LAW OF PROMOTERS OF PUBLIC COMPANIES. By NEWMAN WATTS, OF Lincoln's inn, barrister-at-law. " Some recent cases in our law courts, which at the time attracted much public notice, have demon- strated the want of some clear and concise exposi- tion of the powers and liabilities of promoters, and this task has been ably performed by Mr. Newman Watts." — Investor's Guardian, " Mr. Watts has brought together all the lead- ing decisions relating to promoters and directors, and has arranged the information in a very satisfac- tory manner, so as to readily show the rights of .different parties and the steps which can be le^Ily taken by promoters to further interests of new com- panies.' — Daily Chronicle. . In One Vol., 8vo, price 12s., cloth, A COMPENDIUM OF ROMAN LAW, jFounliea on tije Institutes of Sustintan ; TOGETHER WITH EXAMINATION QUESTIONS SET IN THE UNIVERSITY AND BAR EXAMINATIONS ' (WITH SOLUTIONS), AND DEFINITIONS OF LEADING TERMS IN THE WORDS OF THE PRINCIPAL AUTHORITIES. By GORDON CAMPBELL, Of the Inner Temple, M.A., late Scholar of Exeter College, Oxford; M.A. Trinity- College, Cambridge ; Author of " An Analysis of Austin's Jurisprudence, or the College, Cambridge Philosophy of Positive Law." " Mr. Campbell, in producing a compendium of the Roman law, has gone to the best English works already existing on the subject, and has made ex- cellent^bse of the materials found in them. The volume is especially intended for the use of students who have to pass an examination in Roman law, and its arrangement with a view to this end appears very good. The existence of text-books such as this should do much to prevent the evil system of cramming." — Saturday Review. In 8vo, price Ts. 6d., cloth, TITLES TO MINES IN THE UNITED STATES, WITH THE STATUTES AND REFERENCES TO THE DECISIONS OF THE COURTS RELATING THERETO. By W. a, HARRIS, B.A., Oxon., or UNCOIN'S JNN, BARk1iSTER-AT-LAW, and of the AMERICAN BAR. 48 STEVENS &- HAYNES, BELL YARD, TEMPLE BAR. INDEX TO THE NAMES OF AUTHORS AND EDITORS OF WORKS ENUMERATED IN THIS CATALOGUE. Argles'(N.), page 32. Baldwin (E. T.), iS- Banning (H. T.), 42. Barton (G. B.), 18. Bellewe (R.), 34. Braithwaite (T. W.), 18. Brice (Seward), 9, 16. Brooke (Sir R.), 35. Brovvn (Archibald), 20, 22, 33, Browne (J. H. Balfour), 19. Buchanan, (J.), 38. Buckley (H. B.), 17. BucKNiLL(T.T.), 34. 35- BusHBY (H. J.), 33. Campbell (Gordon), 47. Campbell (Robert), 9, 40. Chalmers (M. D.), 10. Clarke (Edwa"rd), 44. COGHLAN (W. M.), 28. Cooke (Sir G.), 35. CooKE (Hugh), 10. CopiNGER (W. A.), 40, 42, 45. Corner (R. J.), 10. ' Cunningham (H. S.), 38, 42. Cunningham (John), 7. Cunningham (T. ), 34. Daniel (E. M.), 42. Deane (H. C), 23. De Wal (J.), 38. DOUTRE (Jl), 28. Edwards (W. D.), 39- Emden,(A.), 8. Evans (G.), 32. FiNLASON (W. F.), 32- Flaxman (A. J.), 43- FooTE (J. Aldbrson), 36. Forsyth (W.), 14. Gibbs (F. W.), 10. Godefroi (H.), 14. GooDEVE (L. A.), 29. Greenwood (H. C). 46- Griffith (J. R.), 40- Griffith (W. Downes), 6. Grotius (Hugo), 38. Hall (R. G.), 30- Hanson (A.), 10. Hardcastle (H.), 9. 33- Harris (Seymour F.), ao. Harris (W. A.), 47- Harrison (J. C), 23. Harwood(R. G.), 10. HiGG ss (C), 12, 30- Houston (J.). 32- . Indermaur (John), page 24, 25. JON-ES (E.), 14. Joyce (W.), ii. Kay (Joseph), 17. Kelke (W. H.), 6. Kelyng (SirJ.), 35. Kelynge (W.), 35. KotzI: (J..G.), 38. Lloyd (Eyre), 13, Locke (J.), 32. Lorenz (C. a.}, 38. Loveland (R. L.). 61 30. 34. 35- Maasdorp (A. F. S.). 38. March (John), 35. Marsh (Thomas), 21. Martin (Temple C. ), 46 Mattinson (M. W.), 7. May (H. W.), 29. Mayne (John D.), 31, 38. Menzies tW.}, 38. Michell (E. B.), 44. moriarty, 14, O'Malley (E. L.), 33. Pemberton (L. L.), 32. Reilly (F. S.), 29. RiNGWoob (R.), IS- Robinson (W. G.). 3z. Savigny (F. C. Von), 20. Seager (J. R.), 47. Short (F. H.), 10, 41. Shortt (John), 14. Shower (Sir B.), 34. Simmons (F.), 6- Simpson (A. H.), 43. Smith (Eustace), 23, 39. Smith (Lumley), 31. Snell(E. H. T.), 22. Tarrant (H. J.), 14. Tarring (C. J.). 26, 41. Taswell-Langmead, 21. Thomas (Ernest C;), 28. Tyssen (A, D.), 39- Van der Keesel (D. G.). 38. Van Leeuwen, 38. Walker (W. G.).'6, 40, 43. Watts (C. N.),,47. Whiteford (Fi M.), 20. Williams (S. E.), 7. London: bradbury, agnew, & co., printers, whitefriaes, e.c. mmmmm^!i^mfjm^m^M^^^.iWi-'^^.^^t-^ '<3