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A 
 
 BEIEF AND PEACTIGAL EXPOSITION 
 
 OF THE 
 
 LAW OF CHAEITABLE TEUSTS, 
 
 WITH SPECIAL REFEKEKOE TO THE 
 
 JURISDICTION OF THE OOMMISSIONEES OF CHARITIES, 
 
 OONTAINIHO ALSO ALL 
 
 THE CHARITABLE TRUSTS ACTS; 
 
 AND THE RULES, MINUTES, AND ORDERS OP THE COURT OF 
 CHANCERY AND THE COMMISSIONERS OF CHARITIES. " 
 
 Br W. F. FINLASON, ESQr, 
 
 OF THE MIDDLE TEMPLE, BABRISTEB-AT-LAW, 
 EDITOR OP THE CHARITABLE TRUSTS ACTS OF 1853 AND 1865. 
 
 " Summa charitas eat, facere justitiam, omnibus persouis, omni tempore 
 quando nccesse fuerit." — Stat. Wegtm. 1. 
 
 LONDON: 
 
 V. & R. STEVENS & SONS, 
 
 ILb&j BDofeselfas anB publtsfjcrs, 
 
 26, BELL YARD, LINCOLN'S INN. 
 
 1860. 
 
(SL>d3Z.'6 
 
 LONDON : 
 BRADBtJRT AND KYAWS, PRTNTERg, WHITEFRrARS. 
 
SIE EICHARD BETHELL, 
 
 HER majesty's ATTORNEY-GENERAL, 
 
 S^^is dbitiott ai 
 THE CHARITABLE TRUSTS ACTS 
 
 IN ACKNOWLEDGMENT OF HIS SERVICES IN PASSING THEM, 
 
 AND GENERALLY OF HIS LABOURS IN THE CAUSE 
 
 OF LEGAL REFORM, 
 
 RESPECTFULLY INSCRIBED. 
 
.CONTENTS. 
 
 PAGE 
 
 T. ^PEACmCAl ExPOSITIOlf 1 — 122 
 
 1. — ^Trusts nf Gbnekal .... 1 — 9 
 
 GuAMHAn Schools 10 
 
 Paeochial and Mttnicipal Chabitibs . 11 — 14 
 Beuqioits Societies 15 
 
 2. — Of the CEEATioif OP Chaeitable Teus'ts 18 
 The Pubposbs of such Tkusts and thbik 
 
 Validity 20—28 
 
 Eeligiotts Tkusts 29 
 
 Roman • Catholic Trusts . . 30 — 50 
 
 General and Discretionary Trusts . 50, 51 
 Gifts on Trust: How Valid: Mortmain 
 
 Law 52 
 
 Declaration of Trust : How Necessary . 55 
 
 As against Trustees . . 57 
 
 Disclosure of Trusts . . 60 
 
 3. — Jurisdiction of Chancery or of the Com- 
 missioners of Charities in regard to 
 Charitable Trusts . . . 61 — 68 
 Appointment of Trustees . . . 64 
 
vi Oonfenfs. 
 
 FAOX 
 
 I. — ^Pbactical Exposition (continued). 
 
 4. — The Administeatiok of Charities . 68 — 98 
 Adhekence to P0EPOSES . . .68, 69 
 Ebstbiction to Places . . .70, 71 
 Disposition of Surplus . .71 
 
 How par Trustee entitled , . .78 
 Recipients op Charities : their Eights 
 
 AND Remedies 81 
 
 Religious Questions as to Schools • . . 84 
 
 Lord Chelmspoed's Endowed Schools Act 85 
 
 Internal Management of Charities . . 86 
 
 Dismissal op Officers, &c. . . . 87 
 
 Schoolmasters . . 88, 89 
 
 Ministers of Chapei^ . 91 
 
 Dissenters' Chapels Act . . . . 92 
 
 Roman Catholic Chapels . . I 93 
 
 5. — Management of Charity Property 98— J.04 
 
 Investment 99 
 
 Letting Lands 101 
 
 Paeish Lands 102 
 
 Selling Lands, &c 103 
 
 6. — Special Jurisdiction in Chancery : Ro- 
 
 milly's Act 104 
 
 7.7-I'owERs OF Commissioners op Charities . 108 
 
 Inquiry 108 
 
 Direction m 
 
 ArbitbatiC^ 114 
 
 Litigation Hg 
 
 Adjudication 12o 
 
Contents. vii 
 
 FAOE 
 
 n. — Charitable Trusts Act of 1853 . . . 123 
 1. — ^Powers or the Board generally . .125 
 
 Inquiry 126 
 
 Persons liable to be Summoned . 126 
 
 Powers as to Direction and Advice . 129 
 to Direct or Restrain Litiga- 
 tion . . 130—133 
 to Sajstction Compromises . .134 
 OR Dismissals . .135 
 Leases .... . 136 
 Sales or Exchanges . .137 
 Purchases ... . 138 
 
 2. — Jurisdiction in Chancery at Chambers 
 
 (IN Cases above 601.) .... 140 
 
 3. — Jurisdiction in the County Courts (in 
 
 Cases under 502.) .... 143 
 
 4. — ^Provisions as, to Special Jurisdiction . 149 
 
 5. — T.TMTT of Amount of Income, how ascer- 
 tained ...... 154 
 
 6. — ^Provisions for Securing Charity Pro- 
 perty .... . . 156 
 
 7. — ^Application to Parliament for New 
 
 Schemes ... . . 161 
 
 8. — Accounts of Trustees . . . . 163 
 
 9. — Exemptions 164 
 
 Interpretation 168 
 
 ni. — Charitable Trusts Act of 1855 . . .171 
 1. — ^Accounts and Inquiries, further Powers 172 
 2. — Apportionment of Charities . . 174, 183 
 
viii Contents. 
 
 PAGK 
 
 III. — Chaeitable Trusts Act of 1855 (continued). 
 
 3. — ^Further Provisions por Securing Cha- 
 
 Riry Property 175 
 
 4. — ^Further Powers as to Sales, Leases, &c. 179 
 5. — Taxation of Costs 182 
 
 rV. — CjiAEITABLB TRUSTS AcT OF 1860 . . . • 187 
 
 1. — ^Powers of the Board to make Orders . 187 
 
 2. — ^Provisions as to Appbat, . . . 189 
 
 3. — ^Further Powers as to Dismksals and 
 
 Removals of Ofitcbrs or Recipients . 191 
 
 4. — ^As to Investment . . . . 194 
 
 5. — ^Accounts .... 195 
 
 6. — Custody of Deeds . . . 195 
 
 7. — Orders of Boabd, how Enforced . 196 
 
 V. — RoMAir Catholic Charities Act . . . . 198 
 
 APPENDIX. 
 
 Orders in Chancery 204 
 
 Rules in the County Courts 204 
 
 of the Commissioners of Charities . .211 
 Forms of Enqulry ... ... 216 
 
 Applications 224 
 
A 
 BRIEF AND PRACTICAL EXPOSITION 
 
 OP THE 
 
 LAW OF CHARITABLE TRUSTS. 
 
 Chaeitable Teusts axe where property, real or 
 personal, is held on trust for. purposes which the law 
 deems charitable ; and charities are endowed founda- 
 tions or institutions for such purposes. Gifts for 
 purposes contrary to public policy the law does not 
 give effect to ; but gifts for purposes it deems 
 charitable are upheld, when those purposes require 
 it, in perpetuity. But the law has always defined 
 the limits and conditions within which it wiU allow 
 of this perpetuity ; or of any alienations of property 
 away from the natural heirs, especially when made by 
 last will. Thus by the common law men could not, 
 even while living in fuU health, dispose of more than 
 a reasonable part of their property (a), and could not 
 do so at aU when labouring under a mortal disease, 
 at least for a purpose not thought of iu health. Thus 
 
 (a) Glanville. 
 
 B 
 
also, ancient statutes restrain the alienation of land, 
 for purposes of religion or charity in perpetuity (a) ; 
 and thus, a statute proHbits endowments to secure 
 for the donors the special benefit of divme ser- 
 vices (6). Before that last statute there was no 
 restraint on the prerogative of the Crown at common 
 law to confer the privilege of perpetual succession 
 by incorporation, and to license the holding of lands 
 in mortmain. And that privilege was exercised in 
 favour of purposes not in law charitable, as well as 
 for those which were. Thus there were " chauntries," 
 or chapels, for the private benefit of the founders, as 
 well as churches or chapels for the general benefit of 
 the people. Thus also there were colleges, some 
 educational, and therefore charitable, and others which 
 held property only for the benefit of their members. 
 Thus, too, there were hospitals, some for the benefit 
 only of the members, some for the reception of 
 strangers. It is the purpose or object to be carried 
 out, not the mere motive, which in law makes a 
 charity ; and a gift for the benefit of the holder, 
 though the motive may be charitable, is not a charity. 
 There must be a purpose which the law deems chari- 
 table, and a trust for such purpose which the law wiU 
 enforce. The law does not deem a purpose charitable 
 if it be for the benefit of donor, or of any pari;ieulap 
 persons, donees. Thus the chauntries were not chari- 
 ties, being for the benefit of the souls of donors; 
 nor are the parish churches so, because, though for 
 the general benefit of the people, their endowments 
 are estates absolute and not held on trust. Hence 
 
 (a) See the _Statutes of Mortmain, 18 Edw. III. c. 3, and 15 
 Rich. II. c. 5. 
 (6) 38 Hen. VIII. c. 10. , 
 
the Charitable Trusts Act does not except parochial 
 churches from its operation, for they do not come 
 within its definition of charities ; but property held 
 in trust for the auffmentation of benefices would do so, 
 (whence Queen Anne's Bounty is specially excepted), 
 and so would property held by ecclesiastical persons 
 or bodies in trust for others than themselves. Hence, 
 as cathedral and collegiate churches sometimes hold 
 part of their estates 'on such trusts, they are specially 
 exempted, though cathedral and collegiate schools are 
 not so. Hence, also, to cure any doubt that might 
 exist, the last Charitable Trusts Act specially provides 
 that the jurisdiction created shall apply to corporate 
 bodies enjoying property for their own benefit solely 
 or jointly with other persons or bodies politic. Such 
 corporate bodies, as colleges not educational, and 
 hospitals not eleemosynary, have been by various 
 statutes suppressed (a) ; but the ancient charitable 
 foundations still with few exceptions subsist (i). By 
 the last of these statutes — suppressing colleges not 
 educational, and chapels or chauntries, or endow- 
 ments for the support of priests for the benefit of the 
 founders' souls, — provision was made that the Crown 
 might, by commission, found grammar schools and 
 endowments for the maintenance of priests or 
 preachers, or the relief of the poor ; and, such founda- 
 tions or endowments are or ought to be still subsisting, 
 and are charities. And though by statute 23 Hen. 
 VIII. endowments (of land) on trusts for the use of 
 
 (a) 27 Hen. VIII. c. 28 ; 31 Hen. VIII. c. 13 ; 37 Hen. VIII. 
 c. 4. This last alone affected charitable hospitals ; and was 
 scarcely in force a year. 
 
 (6) The 1 Edw. VI, o. 14, does not affect hospitals, and excepts 
 colleges educational. 
 
 B 2 
 
churches or chapels, or fraternities, &c., or foundations 
 intended for the benefit of the donors' souls, are void; 
 this does not extend to endowments not of land, or 
 for the support of priests or ministers for the cure of 
 souls and the administering the sacraments : purposes 
 which are not personal, but general, and so charitable. 
 Nor does it prevent endowments for any uses deemed 
 in law charitable, as for schools, or for the relief of 
 the poor and needy (a). And by statute 39 Eliz. 
 c. 5, any subjects are empowered to erect and 
 incorporate hospitals and other institutions, so that 
 they be charitable, i. e., for the benefit not merely 
 of those holding the estates, but of others (S), as the 
 poor or the children of the poor (c), and may endow 
 them with lands (d). By the 43 Eliz., the Statute 
 of Charitable Uses, it was finally completely defined 
 what those uses are which the law deems charitable, 
 comprising hospitals, schools, and chapels, and endow- 
 ments for their support, or the support of masters, 
 ministers, &c. (e), and for which any persons or 
 bodies corporate may hold property in trust, as 
 charities, under the protection and government of 
 the Court of Chancery and the Commissioners of 
 Charities. 
 
 Thus, then, there are now subsisting charities cor- 
 porate and un-incorporate ; educational colleges or 
 schools, whether free grammar schools or endowed 
 
 (a) Porter's Case, 1 Coke, 24. 
 
 (J) As in the case of Sutton's Hospital, the Charter House, 
 10 Coke, 24. 
 
 (c) See the 21 James 1, c. 1 ; and see 7 & 8 Wm. 3. 
 
 (d) By deed executed 12 months, and enrolled 6 months before 
 death, 7 Geo. II. u. 36. 
 
 (e) So that the endowments of land are by licence and by deed. 
 , nt miprit,. 
 
free schools for the children of the poor ; hospitals 
 for the aged, the sick, or the poor ; and endowments 
 in aid of churches, chapels, or religious or charitable 
 purposes, held either by corporate or other persons 
 on trust for such purposes. 
 
 There are, first, the ancient hospitals and educational 
 colleges, and other corporate charities, existing before 
 the suppression statutes; there are the grammar 
 schools and other foundations erected by the Crown, 
 OP subjects under royal charter, since those statutes ; 
 and there are also endowments held by persona or 
 bodies corporate or not corporate, on trust for 
 charitable purposes. 
 
 As regards foundations of the suppressed class, if 
 they are still in the hands of the Crown or corporate 
 bodies for charitable purposes, either not having been 
 alienated by the Crown (a), or granted by the Crown 
 on trust for such purposes (J), the Crown has the 
 power of enforcing their due application to cha- 
 ritable purposes (c). In the case of corporate bodies 
 holding such lands by grant or charter from the 
 Crown, for charitable purposes, stiU, though the 
 Limitation Acts would bar the right of the charities 
 as to lands they had lost, it should seem that no 
 length of time would bar a suit by the Attorney- 
 General on behalf of the Crown, to enforce the due 
 administration of the charities (<?). 
 
 (a) At.-G. V. Boston, 1 De Gex & Smale, 519. 
 (6) At.-O. V. Trevelycm, 16 L. J., Oh., 54. 
 
 (c) At.-G. T. Ironmonger^ Company, 12 CI. & Fin. 908 ; At.-G. 
 V. Corporation of Newark, ibid, 403 ; At.-G. v. Lady Peyton's 
 Hospital, 14 L. J., Ch., 129; At.-G. v. Wyggeston Hospital, 
 12 Beav. 
 
 (d) At.-G. T. St. Magdalen's College, 23 L. J., Ch. 844. 
 
As by statute 39 Eliz. subjects had power to erect 
 hospitals which were thereby incorporated, and before 
 then subjects might do so by licence from the Crown, 
 any hospital even established hefore then may be pre- 
 sumed to have been rightfully and lawfully established, 
 although no deed can be found relating to it, nor 
 any evidence of enrolment, nor of any letters-patent, 
 nor of any common seal the usual legal evidence of 
 incorporation (a). The very object of the first Statute 
 of Charitable Uses was the recovery of these ancient 
 hospitals (S), and many were so recovered. The fact 
 that at any time such hospital existed is primd facie 
 proof that it eccists, as there is no period of limi- 
 tation as against a charity. And therefore they are 
 always, it should seem, fit subjects for inquiry by the 
 Commissioners of Charities. 
 
 Pree grammar schools likewise are, or ought to be, 
 subsisting; and cathedral, collegiate, and chapter 
 schools are not exempted from the operation of the 
 Act. And though grammar schools, excepting the 
 great schools of Eton, Harrow, <fcc., are under the 
 Grammar Schools Act (3 & 4 Vict. c. 77), they are 
 not the less, including those schools, under the opera^ 
 tion of the Charitable Trusts Act. 
 
 The chartered foundations, hospitals, or grammar 
 schools usually have provision made for their regula- 
 tion by governors or trustees, and there is a visita- 
 torial jurisdiction over th6 governors or trustees 
 either in the Crown, the bishop, or the patron, whether ' 
 a corporate body or person, or the heirs of the 
 
 (o) Simpson, y. Wilkinson, 7 Man. & Gr. 60. 
 (J) Lady Peyton's Hospital, 14 L. J., Cli., 129; At.-O. v 
 Wyggeston Sospital, 12 Beav. ; At.-G. v. Pretymcm, i Beav. 462.' 
 
fopnder (a). But thej are not the less trusts under 
 the protection and jurisdiction of the Court of 
 Chancery (J). 
 
 Where there is a visitor, his power of visitation 
 extends to the internal management, the dismissal 
 of ofiScers, and the disputes between the mem- 
 bers, though not to adverse claims by or against the 
 oharity (c). 
 
 And where, though there is a local visitor as to the 
 management of the charity, there is a trust as to the 
 Application of the funds, the Crown has jurisdiction 
 in Chancery over that trust (<?). 
 
 The proper performance of the spiritual duties of 
 any officer in a charity of a spiritual character (as the 
 chaplain of a school) is a matter for the jurisdiction 
 of the visitor (e), not of the Court of Chancery. And 
 where a person in holy orders has an endowed lecture- 
 ship, though that is a charity, he is still in his 
 spiritual duties under the control of hia ordinary (/) . 
 The mere fact that a chaplain in holy orders is master 
 of a hospital does not make it, however, a spiritual 
 foundation, so as to place it wholly under spiritual 
 visitation ; and the general control of the revenues 
 wiU be in Chancery (^f). Where the relation of 
 trustee and cestui que trust exists even between a cor- 
 poration lay or spiritual, as a dean and chapter, or a 
 college and any of its officers or members, the Court 
 
 (a) At.-G. -r. Catherine's Hall, i Term. Eep. 243. 
 (6) At.-G. V. Lubbock, C. P. C, 15. 
 
 (c) At.-G. v. Windham, Cooper's Kep. 
 
 (d) Ex parte Berhham/pstead School, 2 Vesey & Beames. 
 
 (e) At.-O. V. Smythies, 1 Keen's Kep. 289; 2 My. & Cr. 135 ; 
 HMLmeorth v. Fairfax, 3 CI. & Fin. 115. 
 
 (/) At.-G. V. Brown's Hospital, 19 L. J., Ch., 73. 
 Q) At.-G. V. St. Cross Hospital, 22 L. J., Ch. 793. 
 
8 
 
 of Ciancery will interpose ; otherwise, as in the case 
 of the master of a cathedral or college grammar 
 school, merely having a stipend out of the common 
 fund, the jurisdiction is in the visitor (as). 
 
 Thus the due internal administration of the charity 
 as it exists is a matter for the visitatorial jurisdic- 
 tion (J) ; but the protection of the funds and their 
 due application is under the general control of the 
 Court of Chancery (c). 
 
 Hence the Charitable Trusts Act, which declares 
 its scope to be the due administration of charitable 
 trusts, and for the more beneficial application of 
 charitable funds, in cases where the Court of Chancery 
 may exercise jurisdiction, does not exempt hospitals 
 and schools having visitors, although, like the Gram- 
 mar-Schools Act, it recognises the visitatorial jurisdic- 
 tion where it exists within its true scope — ^the internal 
 management. As to that, there was no necessity for 
 the exemption, as it is implied ; as to anyfchiag beyond, 
 there is no exemption, dnd all charitable foundations, 
 corporate or not, are subject to the general jurisdic- 
 tion of Chancery. 
 
 So, although the Charitable Trusts Act exempts 
 the universities, and colleges thereto belonging, this 
 does not extend to charities of which they are trustees 
 but only to the property they hold as their own : 
 
 {a) At.-Q. Y. St. Miwy Magddkn College, 10 Beav. 412- 
 Whiaton t. The Deem amd Chapter of Rochester, 18 L. J. Ch. 473*. 
 
 (6) At.-Q. T. Sulwich College, 4 Beav. 255. Harrow, Bton' 
 Winchester, &o., are not exempted, but the jurisdietiou of the 
 CommissionerB -would not extend to their internal management. See 
 At.-G. V. Barrow School, 2 Vesey, 551. 
 
 (c) At.-G. T. Sh/rewsbmy School, 19 L. J., Ch., 287, 1 Macn 
 & Gord. Rep. ; At.-G. v. Brown's Hospital, 19 L. J., Ch. • At -g' 
 V. Sherborne Qrammm- School, 24 L. J., Ch., 74. • j • • 
 
any property held by any corporate body for chari- 
 table uses, as to which, or the administration of the 
 revenues or "projperty whereof, the Court of Chancery 
 has or may exercise jurisdiction, is within the opera- 
 tion of the Charitable Trusts Act, and under the 
 jurisdiction of the Commissioners of Charities. 
 
 The Charitable Trusts Act, 1853, contains an ex- 
 press exception of chapels or buildings registered and 
 hona fide used as places of meeting for religious 
 worship; and the amended Act of 1855 contains 
 a similar exemption, which only applies to the places 
 of worship of Dissenters (o), Jews (J), and Eomau 
 Catholics (c). But the definition of "Charity" in 
 the principal Act clearly includes chapels, for which 
 reason the ewemption was inserted ; and in the Eoman 
 Catholic Charities Act the definition is adopted with- 
 out any exception. So that Eoman Catholic chapels 
 are under the Charitable Trusts Act. And even were 
 it otherwise, the exception would not apply to gifts 
 or bequests for the support of chapels or of priests, or 
 of Eoman Catholic religious worship or education. 
 
 But for the reasons above stated, the absence of 
 the exemption (though probably a mistake) is not 
 material, added to which only endowed chapels are 
 within the Act, even when not exempted, and if partly 
 supported by voluntary subscriptions, they are only 
 within the Act as to the endowments. Therefore, if 
 only supported by pew rents, or offerings at the 
 doors, they are not within the Act — in the first 
 case, not being charities; in the second, not being 
 endowed charities. 
 
 (a) 15 & 16 Vict. c. 70; 18 & 19 Vict. c. 86. 
 (i) 9 & 10 Viot. c. 59. 
 (c) 2 & 3 Wm. 4, c. 115. 
 
 B 3 
 
10 
 
 Qrammwr Schools. 
 So witli regard to the old grammar schools, founded 
 chiefly for the teaching of Greek and Latin, there is a 
 special Act (the 3 & 4 Yict. c. 77), making provision for 
 any extension of these benefits which may be desirable : 
 the patrons, visitors, and governors having no autho- 
 rity to establish any other system of education than 
 is expressly provided for by the foundation, and the 
 courts of equity being frequently unable to give 
 adequate relief (a). But in this Act, even within its 
 
 (o) Whenever any question may come under ooasideration in 
 any amrt of equity concerning -the system of education thereafter 
 to be established in any grammar school, or the right of admission 
 into the same, whether snch question be silrea<3y pending, or whe- 
 ther the same shall arise v/pon ojny information, petition, or other 
 proceedings, which may he now or at any time hereafter filed or 
 instituted, for whatever cause the same may have been or may be 
 instituted, according to the ordinary course of proceedings in coui-ts 
 of equity, or under the provisions of this Act, it shall be lawful for 
 the court to make decrees or orders, as well fpr extending the sys- 
 tem of education to other useful branches of literature and science 
 in addition to or (subject to the provisions thereinafter contained) 
 in lieu of Greek and Latin, or such other instruction as may be 
 required by the terms of the foundation or of the then existing 
 statutes, as also for extending 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 admissible thereto, 
 as free scholars or otherwise, and for settling the terms of admis- 
 sion to or continuance in the same, and to establish such schemfe 
 for the application of the revenues of any such schools as may in 
 the opinion of the court be ponduoive to the rendering or main- 
 taining such schools in the greatest degree efficient and useful, with 
 due regard to the intentions of the respective founders and bene- 
 factors, 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 
 instrument? of foundation, endowment, or benefaction, or in the 
 then existing statutes : provided always, that in case ttere shall be 
 any special visiter appointed by the founder, or other competent 
 authority, opportunity shall be given to such visitor to be heard on 
 the matters in question, in such manner as the court shaU think 
 
11 
 
 own scope — the establishment of new schemes — does 
 not interfere with the jurisdiction of the Commis- 
 sioners ; on the contrary, as no application can be made 
 to the Court of Chancery by any charity without their 
 sanction, the provisions in the Grammar Schools Act 
 are subordinate to those of the Charitable Trusts Act, 
 which gives the Commissioners general powers as to 
 new schemes for any charities. 
 
 Added to which "the great grammar schools are 
 exempted from the Grammar Schools Act (a) but 
 not from the Charitable Trusts Act, which expressly 
 provides that it shall not be deemed to exempt cathe- 
 dral or collegiate schools. 
 
 Charities Mmdeipal and Parochial. 
 Municipal corporations are often trustees of chari- 
 ties, either as such, or as separate bodies created by 
 
 proper, preTionsly to the making of such decrees or orders. — 
 C. 77, § 1. 
 
 Court of Ohaucery to have power to appoint mode of removing 
 masters. — § 17. 
 
 And in case of removal for incompetency from age, or other 
 infirmity, governors, with the approbation of the visitor, may assign 
 a pension. — § 18. 
 
 Premises held over hy masters dismissed, or ceasing to hold ofice, 
 to be recovered summarUy, as under the 1 & 2 Vict. c. 74. — § 19. 
 
 Masters so dismissed, or ceasing to hold office, not to be per- 
 mitted to question title of the trustees, &o. — § 20. 
 
 Mode of Proceeding.^ — Applications to court to be by petition — 
 to be decided under the 52 Geo. 3, c. 101.— § 21. 
 
 (a) Sweing of Righis.^ — Jurisdiction or power of ordinary not to 
 be prejudiced ; and the Act not to extend to the universities of 
 Oxford or Cambridge, or to any college or hall 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 St, David's 
 or St. Bee's, or the grammar-schools of Westminster, Eton, Win- 
 chester, Harrow, Charter House, Bugby, Merchant Taylors', St. 
 Paul's, Christ's Hospital, BLrmingham, Manchester, or Macclesfield, 
 or Lontii, or such schools as form part of any cathedral or collegiate 
 church — § 24. 
 
 Construction of teiTO3.^§ 25. 
 
12 
 
 charter for the purpoBes of tie charity; and the 
 Municipal Corporations Act provided that "where the 
 body corporate of any borough should stand seised 
 of any estate or interest of any hereditament in trust 
 for charitable uses, aU their estate and powers in respect 
 of such uses and trusts should continue in the persons 
 who at the time of the passing of the Act were such 
 trustees ; and that the Lord Chancellor should make 
 such orders as he should see fit for the administration 
 subject to such uses and trusts of the trust estates." 
 Under this Act the Lord Chancellor has power to 
 appoint new trustees in lieu of those persons who were 
 trustees at the time of the Act; but the provision 
 in question applies, not to the legal estate, but the 
 interest in the uses and trusts, and the legal estate 
 would remain in the corporate body — at aU events, 
 where it had by a separate charter been created into 
 another corporation for the purposes of the charity. 
 Indeed it has been deemed doubtful whether the 
 Act applies in such cases, as where a municipal 
 corporation are made by another incorporation 
 governors of a chartered hospital (a). Nor does the 
 Act extend to charities of which the mimicipal cor- 
 poration were only visitors (b), or as to which they 
 have not the nomination, but only the approbation 
 of trustees (c), nor as to which they have not the 
 sole management but jointly with others {d). "Where 
 however, the corporation is in substance identical 
 with the trustees of the charity, the case comes within 
 
 a) Doe d. Governors of Bristol Hospital, 11 M. & W 913 
 l) At.-G. T. Newbwry, 3 My. & K. 647 
 ■«) At.-6. V. PhilUmore, 9 L. J., Ch., 338. 
 (d) In re Newark Charities, 6 L. J., Ch , 216. 
 
13 
 
 the provision of the Municipal Corporations Act («). 
 There is a provision ia the Charitable Trusts Act of 
 1853, s. 65, that where the legal estate iu the charity 
 lands has not (in cases within the Municipal Act) 
 been vested in trustees appointed by the Chancellor, 
 it shall be so vested. 
 
 There are quasi corporations as to parochial chari- 
 ties. The 59 Geo. III. c. 12, s. 17, vests in the church- 
 wardens and overseers of any parish lands and 
 buildings for the purposes of the poor, and all other 
 buildiugs and lands belonging to such parish. This 
 Act vests the property in the churchwardens and 
 overseers for the time being as a body, in the nature 
 of a body corporate, and makes them quasi a cor- 
 poration, for a particular purpose, of the care and 
 management of the parish charity property ; but it 
 does not make them absolutely a corporation: and 
 they still act as other bodies of persons not incor- 
 porate do ; one or more acting for the others, but 
 properly a majority for the whole (J). The Act, 
 however, only applies to lands, &c., held generally on 
 trust for the parish or its poor, not to lands held on 
 special trusts of a parochial charity, as for repair of 
 the church as weU as the relief of the poor, or for 
 binding poor children apprentices, &c., as weU as 
 generally for the relief of the poor ; which, however, 
 includes their instruction. Nor does it apply in 
 cases of express trusts, as for the repair of the church 
 and the relief of the poor, where there are trustees 
 duly appointed under such trusts (c). Whoever are 
 
 (o) At.-G. T. Mayor of Exeter, 2 De Gex, Mae. & Gor. 507; 
 In re Northampton OhwrUiea, 3 De Gex & Smale, 179. 
 
 (6) Gouldswmihyr. Knight, 11 M. & W. 387 ; Expa/rte Annesley, 
 2 Y. & C. 356. 
 
 (c) Re Paddmgtm Chaniies, 8 Sim. 620 ; At.-G. v. Lemii, 
 
u 
 
 the trustees of course makes no difference as to the 
 admrnistration of the charity, nor the jurisdiction ot 
 Chancery or the Commissioners of Charities, who haw 
 special powers as to the framing of schemes, the 
 appointment of trustees, and the apportionment ot 
 parochial charities. 
 
 Charities may be vested in any corporations, sole 
 or aggregate, or vested in trustees, to be kept up by 
 Bucceasion by the Court of Chancery. Hen^, the 
 Act defines "trustees "to mean any persons kbSI^ 
 porations holding estates in trust or for the benefitSr 
 any charity. 
 
 There are no corporate persons, except the incum- 
 bents, chapters, and bishops of the Established Church, 
 who are corporations, sole or aggregate, with perpetual 
 succession, and can take, therefore, charitable trusts 
 in their ecclesiastical character (a). 
 
 It is otherwise of Eoman Catholic ecclesiastiea, 
 who, even in Ireland and apart from the Ecclesiastical 
 Titles Act, have no legal status, nor any corporate 
 character or succession (&), so that endownjents 
 for them and their successors can only take effect by 
 means of trusts in equity ; and so of all other reli- 
 gious bodies. Nor can there be any trusts for a 
 succession of persons for purposes which the law does 
 not recognise as charitable. Therefore neither the 
 Boman Catholic nor any other clergy can take or 
 hold prpperty, except either solely for their own 
 personal benefit, or under trusts for such purposes as 
 are in law charitable ; and they and aU other persons 
 
 ibid. 366. Chwchwa/rdem of St. Nicholas, Deptfoi-d, v. Skeichleu, 
 8 Q. B. 394 ; At.-G. T, Blhard, 25 L. J., Ch. 171. 
 
 (a) HopJcmson t. EUii, 5 Beav. Kep. 34. 
 
 (6) At.-G. Y. Power, 1 BaU & Beatty's (Irish) Eep. U5. 
 
15 
 
 or bodies not incorporated can only take or hold pro- 
 perty for religious purposes as individuals, and under 
 cliai'itable trusts. Other corporations than those of 
 the Established Church are the creations of the 
 Crown, either by charter under its prerogative, or 
 with the assent of Parliament, as in the instance of 
 the Commissioners of Queen Anne's Bounty, specially 
 exempted from the Act. Except that ancient body and 
 the Incorporated Societies for the Propagation of the 
 Gospel, for Church Building, and the Sons of the 
 Clergy, there are few corporate charities of modern 
 foundation. 
 
 Meligious or Charitable Societies. 
 
 It is only by a system of trusts and succession of 
 trustees that permanence can be secured to any society 
 or body not corporate, and which cannot have per- 
 petual succession, in a legal sense ; that is, as a legal 
 incident or attribute of its nature. 
 
 There are many bodies, societies, institutions, or 
 foundations of a charitable or religious nature, some 
 of which are incorporated, and others not so — partly 
 or chiefly supported by voluntary subscriptions, or 
 endowments therefrom, as Queen Anne's Bounty, 
 incorporated, but specially exempted from the 
 Charitable Trusts Act ; the Society for the Propa- 
 gation of the Gospel in Foreign Parts, which also 
 is incorporated, and is not exempted from the Act. 
 Where these bodies are ineorporated, they take as 
 corporate bodies all gifts or bequests to their general 
 funds, and in aid of their general purposes (a), and the 
 Court of Chancery does not exercise its charitable 
 
 (a) See 39 Eliz. c. 5, allowing subjects to erect hoepitals. Vide 
 At.-Q, Y. Corporation of Newcastle, 5 Bear. 307. 
 
16 
 
 jurisdiction over the application of such gifts, but merely 
 directs the payment thereof to such body or society (a). 
 "Where, however, there is a gift or bequest to a body of 
 persons having no corporate character, for permanent 
 charitable purposes, the court will exercise its juris- 
 diction in directing the application of the fund, unless 
 it is given generally and without any special direc- 
 tions as to its application (6). "Where it is so given 
 generally to a body or institution already established, 
 the court will order it to be paid over thereto, with- 
 out any directions as to its application (c), the dis- 
 cretion as to the application being in such cases 
 confided by the constitution of the society or institu- 
 tion to the governing or managing body thereof, of 
 which the donor must be supposed to have been 
 aware, and which he has not at aU fettered or with- 
 drawn. But societies or institutions are not cha- 
 ritable, and so not within the Act, unless they are 
 for the benefit of others than the subscribers or 
 members ; and hence donations to or endowments for 
 them do not constitute charitable foundations, over 
 which the Court of Chancery exercises its charitable 
 jurisdiction, although it e^erei&es jwrisdiction as in all 
 other cases in which questions of equitable right may 
 arise. For a charity must be for the benefit of 
 other than the donors. Thus endowments for sup- 
 port of chauntries or maintenance of priests for the 
 benefit of souls of the donors and their children never 
 were, are not, and never could be considered as 
 
 (o) The Sockty for the Prop, of Gospel v. At.-Q , 3 Eugg 
 142 ; Corp. of Sons of Clergy t. Mose, 9 Sim. 616. 
 (J) Wellbeloved v. Jones, 1 Sim. & St, 40. 
 (c) Walsh T. Gladstone, 1 Ph. 29. 
 
17 
 
 charities. So, on the same principle, a private chapel(o), 
 merely for the donor and his family, would not be con- 
 sidered a charitable foundation (6), although, if for 
 the use of the persons on an estate, or even house- 
 hold, it might be so (c). On the same principle, a 
 Dissenters' chapel, supported by pew rents, is not a 
 charitable institution, for it is only for the benefit of 
 the subscribers or pew-holders (d) . So of any friendly 
 societies ; so that it was hardly necessary to except them 
 from the operation of the Charitable Trusts Act. But, 
 on the other hand, as it matters not from what source 
 the fund which constitutes an endowment may 
 come, if it is charitable, that is for the benefit of 
 others than the donors (or &-nj particular donees), 
 funds supplied from the gifts of the Crown, of the 
 legislature, or of private persons, for any purpose 
 beyond their oim, benefit may be charitable endow- 
 ments or foundations (e). Thus poor-schools, aided 
 or established by grants from Parliament, combined 
 with voluntary subscriptions, would be charities, 
 under the jurisdiction of the Court of Chancery and 
 the Commissioners of Charities. 
 
 It is to be observed that the Charitable Trusts 
 Act, although it defines charities to be endowed 
 foundations or institutions for charitable purposes, 
 applies to all such charities, or the property, funds, or 
 incomes thereof, i.e., the charitable foundations, and 
 the gifts or bequests thereto. But it declares that 
 the Act is not to extend to any institution or society 
 
 (o) Serbert t. Westminster, 1 P. Wms. 774. 
 
 (5) Ex parte Pearson, 6 Price, 214. 
 
 (c) Bristowe v. Bristowe, 6 Beav. 
 
 {d) MUligan v. Mitchell, 4 L. J., Ch., 281. 
 
 (e) At.-G. T. Heeles, 2 Sim. & St. 17. 
 
18 
 
 for religious or other charitable purposes whoUy 
 maintained by voluntary contributions; and where the 
 institution is maintained partly, by voluntary contri- 
 butions and partly by endowments, the Act is only to 
 extend to the income from endowments; nor as to 
 that or any donation or bequest thereto, if merely 
 formed out of the general funds, and not from a dona- 
 tion or bequest of which any special application 
 or appropriation is declared or directed by the 
 donor. The jurisdiction of the Commissioners, 
 therefore, extends to such institutions as are not 
 wholly supported by voluntary subscriptions, and from 
 these they are entitled to demand accounts of income, 
 in order to see what portions are endowments derived 
 from donations for special purposes, and what are not. 
 They would have such jurisdiction over all chapels 
 which are not entirely supported by pew-rents or voluU' 
 tary subscriptions, were not Dissenters' chapels ex- 
 cepted. Koman Catholic chapels are not in. terms 
 exempted ; they, as is well known, are always in part 
 supported by the offerings of the congregations, so 
 that it is only their endowments which come under 
 the operation of the Act. And poor-schoola, if en- 
 dowed, are, guoai their endowments, whether derived 
 from grant^f Parliament or private donations, in the 
 same position. 
 
 Of the Creation of Charitable Trtists. 
 "Whether, however, for bodies corporate or unin- 
 corporate, or for private individuals, the Court wiU 
 not carry into execution any other uses as charitable 
 than those which it deems so; and as it wiU not 
 recognise any trusts which it cannot carry into exe- 
 cution, it wiU treat all others as void ; and thus if 
 
19 
 
 the donor has meant to execute such a trust, and 
 has failed to do so, or if it he doubtful whether he 
 has done so, as he has thus indicated, that the gift was 
 not for the donee's personal benefit, the gifb fails alto- 
 gether, and the property passes to the heir, or next 
 of Mn, as t^e case may be (a) ; for it is a principle of 
 law and equity that the heir is not to be disinherited 
 but by clear declarations of intention, as he takes 
 by virtue of a legal right, not to be displaced by a 
 doubtful or invalid trust, which the courts will not 
 carry into execution. 
 
 Now, the Statute of Charitable Uses declares such 
 uses to comprise gifts for relief of aged, poor, and im- 
 potent persons ; hospitals for the sick, support of 
 orphans, marriages of poor maids, help of persons de- 
 cayed, &c. ; for the maintenance of schools and learn- 
 ing, free schools, and scholars in universities, &c, ; and 
 for the repairs of churches. The interpretation put 
 upon this last use has extended it to gifts for the sup- 
 port of churches or chapels, or of preachers or minis- 
 ters of religion, or of divine service, whether of the 
 Church of England, Bissenters, or Eoman Catholics. 
 These are the charitable uses recognised in Chancery 
 — reUgious, educational, and eleemosynary. 
 
 The gift or bequest may be to any class mentioned 
 in the statute, as widows and orphans (5), or for any 
 purposes within its scope, as hospitals or chapels ; for 
 the benefit of persons occupying a particular office 
 or character (as that of schoolmaster, ox minister, 
 preacher, or teacher) exercised for the benefit 
 
 (a) Vesey t. Jamison, 1 Sim. & S. 69 ; Ommomey v. Butcher, 
 1 Turner & Kees, 290. 
 
 (6) At.-G. V. Consher, 2 S. & S. 93. 
 
20 
 
 of others (a). Having this element, they may either 
 be local or general, i. e., the gift may be for the poor 
 generally (J), or for the poor in an estate, district, 
 or parish (c) ; and the field of application divides 
 local charities into parochial or municipal. If general, 
 any description of a class of poor is sufficient, as poor 
 housekeepers, poor vridows, poor Jevrs, poor priests or 
 preachers, or schoolmasters, or the like; but to a man's 
 poor relations, vrould be doubtful, as it would be con- 
 strued to mean his next of kin, who are certain persons 
 ascertained or ascertainable at a particular time ; 
 and a gift for the relief of any among specific persons 
 as may need it is not a charity, but simply a gift or 
 legacy (d). The gift, if to persons, must either be to any 
 class of persons mentioned in the statute, or included in 
 its interpretation, or for any foundation or institution 
 for their relief ; or it may be to the persons holding for 
 the time being any office or character recognised by the 
 statute or its interpretation, which includes augmenta- 
 tions of livings, endowments of curacies, lectureships^, 
 or for the support of priests, preachers, or the like. 
 
 Not only are gifts for any such purposes specially 
 mentioned, valid charitable trusts, but general gifts for 
 religious or charitable purposes so described, or for 
 religion, or charity, or • education, whether or not the 
 particular objects of application are left to the discre- 
 tion of the donee. If a trust is created but is not 
 expressed efiectually, the court will carry it out (e) ; 
 
 (o) Thua a, bequest to support a schoolmaster is or may loe in 
 effect the same as to support a school. 
 (5) Nash T. Morley, 5 Beav. 177. 
 (c) Bristow T. Bnstow, 5 Beav. 289. 
 id) Lilley t. Hayes, 1 Hare, 58. 
 
 13 L J *'"oh ^gT*""' ^ ^^' ^ ^' ^^^ ' ^'^'*" "■ ^""ff^"'". 
 
21 
 
 but if tlie person taking has a discretion whether to make 
 the application or not, it is an absolute gift and not a 
 trust. So a gift for sucli purposes as the donee shall 
 think fit, that is an absolute gift (a) . But if a testator 
 directs that property is to be employed in charity (J) or 
 charitable purposes (c), even at the discretion of donee, 
 these will be valid trusts, and they will be enforced and 
 take effect. But again, if he directs his trustees to apply 
 funds for such benevolent, charitable, and religious 
 purposes they in their discretion think most advan- 
 tageous and beneficial, the bequest will be held void 
 for uncertainty ; and as it is doubtful what the trust 
 was to be, but plain that the donees were not to take 
 beneficially, the gift is deemed to fail, as it is upon a 
 trtist that fails ; and the property passes to the next 
 of kin (i) . So where a testator declared his will to 
 be that his executors should apply certain personal 
 property to such charitable or other purposes as they 
 should think fit, without being accountable to any 
 person whatsoever for such their disposition thereof, 
 it was held too uncertain to be a charitable legacy, and 
 not sufficiently extensive to give the donee the bene- 
 ficial interest, so that the residuary legatee was de- 
 clared entitled (e). So if the gift is declared to beyo** 
 any specific purpose not for donee's own benefit, and 
 that purpose fails for invalidity, then the property 
 passes to the next of kin or residuary legatee {f). 
 
 (as) Paice v. The Archbishop of Oanterhay, 14 Veeey, 370. 
 
 ib) Legge v. Asgill, 3 Turner, 265. 
 c) At. -6. \.Pletcher, 5 L. J., Ch., 26 ; Baker-v. Sutton, 1 K. 224. 
 
 (d) Horde V. Earl of Suffolk, 2 Myl. & K. 59; WUlicms v. 
 Kershaw, 5 Clark & Fin. Ill ; Stabbs v Sargon, 5 K. 255. 
 
 (e) JSUit v. Selby, 1 Mylne & Craig, 286. 
 
 (/) Peftingallv. Pettmgall, 11 L. J., Ch., 176; Crockett v. 
 Crockett, ibid. 279; 1 Hare, 451. 
 
22 
 
 But a bequest for such religious or charitable ob- 
 jects as the donee may think fit, or to such religi- 
 ous bodies, societies, or purposes as he may please (a), 
 is a valid charitable trust, for, it Imds him to apply the 
 whole fund to such purposes ; and though the selection 
 is in his discretion, he has no discretion as to the appli- 
 cation ; and the Court, in such cases, though it will 
 not interfere in the exercise of his discretion, will en- 
 force its exercise, or if necessary . frame a scheme for 
 the due application of the fund (J). 
 
 Where a fund was left to trustees to be disposed of 
 at their pleasure, whether for charitable or public pur- 
 poses, or to any person or persons as they should think 
 proper, it was held that the trust was too general, and 
 could not be executed by the Court ; and that the ex- 
 ecutors could not take beneficially, because it was 
 given expressly on trust, so that the next of kin were 
 entitled (c). So if the fund is left generally in trust 
 to be applied at the donee's discretion, the gift is on 
 trust, the trust is too vague, so the gift fails with the 
 trust (d). But it is otherwise if there is a charitable 
 purpose indicated, and the carrying of it out is left to 
 the donee (e) . The general principle of law and equity 
 is that when a gift as trust fails for uncertainty, the 
 fund passes to the heir or next of kin, who take by 
 law whenever there is no valid gift away from 
 them (/). Por which reason, even on a distinct be- 
 quest to executors, it must appear on the wUl that 
 
 (a) Baker v. Sutton, 1 Keen, 24. 
 (6) Tovmsend v. Cams, 3 Hare, 257. 
 
 (c) Vesey v. Jamison, 1 S. & S. 69. 
 
 (d) Williams v. Kershww, 5 01. & P. 111. 
 
 (e) Miller v. Movxm, 5 01. & P. 99. 
 (/) Johnson v. Johnson, 4 Beav. 318. 
 
23 
 
 they were to take beneficially or tLey will be deemed 
 to take in trast for the next of kin (o) . And a request 
 to give handsome gratuities to them wiU be void for 
 uncertainty (5), while a specific bequest will rebut any 
 inference of an intention to give them the residue bene- 
 ficially (c) . And on a gift for charitable purposes, the 
 residue to a donee, on failure of the gift for charitable 
 purposes, the residue goes to the heir (d). If there 
 is a gift to a person " filling a particular of&ce, as 
 pastor, schoolmaster, preacher, &c., expressed to be 
 for the support of the office or charity, and there is no 
 intention indicated of mere personal benefit, then any 
 surplus beyond a reasonable support of the office will 
 be for the charity. 
 
 The most difficult class of cases of this kind, how- 
 ever, are those in which there is an entire gift to 
 donee with an object, or purpose for the gift which 
 he is to execute, and which is not inconsistent 
 with but involves some personal interest ; the ques- 
 tion arising whether this is an interest in the whole 
 or only part; whether it is only a life interest, or 
 whether the whole is taken absolutely and beneficially 
 under some trust, however general and discretionary. 
 In these cases the relation of the parties, or the 
 character and position, or functions of the donee with 
 reference to the objects of the gifts, or to their claim- 
 ing to be beneficially interested, is an important 
 element of judgment as to whether there is a trust ; 
 and thus it is that the office of executors ordinarily 
 being that of trustee for next of kin or for residue, it 
 
 (a) Lowe t. Gaze, 8 Bear. 472. 
 (6) T-upper v. Twpper, 9 Sim. 603. 
 (c) WMtdker v. Tathma, 7 Bing. 628. 
 {d) Jon&s T. Mitckeli, 1 S. & S. 290. 
 
24 
 
 is presumed that any gift to them is on trust for 
 those parties (a). So as to the relation of parent and 
 child, where moneys are given to the parent that she 
 may dispose of them for the lenefit of the children, 
 then she does not take it as absolute interest, but there 
 is a trust for the children to some extent with a large 
 discretionary power (S). The great test is, whether 
 the oJyect of the gift as indicated requires for its carry- 
 ing out that there should be a continuance of the fund 
 beyond the life of the first taker; for if so, it is obvious 
 that to allow the first taker an absolute interest, i. e. 
 a right to dispose of it, would be to defeat the object 
 of the gift ; and, on the other hand, if there be a pur- 
 pose which the court has to provide for, there can be 
 only a life 'interest, whether the property be real or 
 personal. And in the case of the parent just men- 
 tioned, though the discretion is large, she would not 
 be permitted to apply the whole fund to her own 
 purposes, or to dispose of it without maintaining' 
 the children. Thus, therefore, where legacies are 
 given to parents for their own benefit and their 
 children, they take for their lives only, the fund being 
 secured in trust for their children ; and they having 
 only the interest (c). 
 
 The principle is equaUy applicable to real estate and 
 personal ; for as to real estate given for the purpose of 
 making a provision for others beyond the first taker, 
 he only has a life interest {d), the general principle of 
 law being that a gift of real property not expressed to 
 
 {a) Lowe v. Oaee, 8 Beav. 472. 
 
 (6) Saikes v. Wood, 1 Hare, 465. 
 
 (c) Bam T. Lescher, 11 Sim. 397. 
 
 {d) Inderwick v. Inderwick, 13 Sim. 612. 
 
; 25 
 
 be in fee is only for life (a) ; and a general gift in. 
 trust is only for such an estate as is necessary for 
 carrying out the trust (5) ; and it being also, a 
 general rule of equity as to personalty, that when 
 property of a perishable nature is given to be enjoyed 
 by persons in succession, and the object can only be 
 attained by converting the property into permanent 
 annuities, and giving each person in succession the 
 dividends of the fund (fc), the great test is, what is 
 the object or purpose of the gift as indicated by the 
 donor ? If it is only the personal benefit of donee, he 
 takes absolutely and -wholly; thus while a gift for 
 the mere maintenance of a child is for life, if the 
 whole construction is for his benefit, then he takes 
 absolutely (rf) ; but this can never be the case where 
 there is a purpose other than his personal benefit, and 
 which extends beyond his life. There it is obvious 
 that, for the purposes of continuance, the fund must be 
 preserved beyond his life, and out of his disposition, 
 in order that the object of the gift may be carried into 
 execution (e). 
 
 This is a principle equally applicable, whether the 
 purpose is the support of a charity or of a family ; it 
 equally in either case negatives an absolute gift for 
 the absolute personal benefit of the first donee. Thus 
 it is that gifts for the benefit of wife and children are 
 construed trusts for the children (/") ; and thus upon 
 the same principle a gift in terms absolute to trustees 
 
 (a) Doe d. Sams v. Garlick, 14 M. & W. 698. 
 
 (b) Apart from the 7 Wm. iv. & 1 Vict. c. 26. 
 
 (c) Morgam, v. Morgan, 14 Beav. 72. 
 
 (d) Somes v. Martm, 10 Sim. 287. 
 
 (e) Bayne t. Crowther, 20 Bear. 400. 
 
 (/) Moore v. Clegkorn, 10 Beav. 423; Crockett v. Crockett, 17 
 . J., Ch., 230, 
 
 
 
26 
 
 is construed to be for the purpose on -whicli the whole 
 estate or fund is given ; and if those purposes are to 
 extend beyond the life of the first taker, it is deemed 
 a gift on trust (a). It is a general principle that 
 wherever the, object of the donor requires permanence 
 it shall be carried out as far as possible ; there being 
 this difference in favour of a charity, that whereas for 
 the sake of a mere family perpetuity is not allowed, in 
 cases of charity it is provided for by the Court of 
 Chancery (5) ; and that on a gift for a general object, 
 as the relief of poor members of a religious body, that 
 indicating an intention for permanence, the intention 
 is carried out by the fund being invested and directed 
 to be held in trust, the interest only being paid to the 
 objects of the charity (c). This indeed is the great 
 distinction between a private legacy and a charity ; for 
 a bequest to particular persons, however numerous, 
 and whether mentioned nommatim, or as a class, as 
 next of kin or the like, is not a charity, sine© it 
 requires no permanence, and so is not an endowed 
 iastitution or foundation (d). 
 
 It is otherwise where there is an intention indicated 
 that the disposition or enjoyment of the benefits 
 should be kept up beyond the lives of the first takers ; 
 there if the purpose is beyond a family it is entitled 
 to perpetuity as a valid charity. And it matters 
 not whether the intention is indicated by expression 
 or by clear implication, by the use of terms or by the 
 declaration of a purpose, which cannot be carried 
 out without permanence. , Thus of course if a gift is 
 
 (a) Miller v. Rowan, 5 CI. & Pin. 99. 
 (6) Blagrovc v. Hancock, 16 Sim. 371. 
 {c) Gregory v. At.-G., 2 Beav. 366. 
 (d) LiUey v. Mayes, I Hare 58. 
 
27 
 
 to preachers or ministers and their successors, that 
 involTes permanence, and the fund is to be invested, and 
 the successive donees only have the dividends (a) ; 
 but the intention would be equally clear without the 
 use of those words, if the object were declared to 
 be to support and keep up divine worship or instruc- 
 tion. "Whenever the intention is a prolongation of 
 the benefits of the gift beyond the life of the first 
 taker, and for purposes beyond his personal benefit, 
 he takes only a life interest (S). And such a purpose 
 requires in personalty investment of the fund in 
 order to preserve it and place it under the control of 
 the court : so that if a fund is to be invested for the 
 use of a person and his children, that itself implies a 
 trust ; and e converso if it is for such a purpose it 
 ought to be invested, and any allusion to investment 
 of property wUl on the same principle indicate a 
 trust (c). 
 
 And, though when a fund has thus been invested for 
 such a purpose the first taker may have the beneficial 
 interest or the income for his life, subject only to a 
 charge for the purposes of the gift (as the mainte- 
 nance of children or the like), it must not be taken 
 that in such cases he could appropriate even the 
 income entirely to his own purposes without meeting 
 such charges («?). The party to whom trustees are 
 directed to pay the dividends is clearly bound to 
 apply a competent sum to the object ; and the court 
 holds that the amount is capable of being ascertained, 
 
 (a) At.-G. v. Ooddard, 1 Turn. & Russ. 348. 
 (i) Middletonv. Gould, 10 Bear, 527. 
 (c) Masonv. Clarke, 22 L. J., Ch., 966. 
 {d) Hadow v. ffadow, 9 Sim. 438 ; Berkeley v. Swmium, 
 6 Sim. 613; JBrovm r. Pwal, 20 L. J., Ch., 75. 
 
 o2 
 
28 
 
 and will compel the party to do what is right ; so that, 
 if the object of the gift he neglected, however large the 
 discretion may be, he will be held answerable. And 
 in such cases, as regards the corpus of the fund, if 
 personal, the first taker is only a bare trustee ; and 
 if it is real property, he is only tenant for life. 
 The court in such a case does not interfere with 
 the exercise of a fair discretion as to the alloea- 
 tion of the fund to the benefit of the donee and 
 the objects of the gift; but if the objects are dis- 
 regarded, the court will compel the donee to provide 
 for them; and for the purpose of securing the 
 fund in cases of personalty, will direct it to be 
 invested (a). > 
 
 "Where endowments are for support of preachers 
 or lecturers, or of lectureships or preacherships, or 
 the like, there is clearly a trust for religious ministers 
 in such character or office, and therefore only appli- 
 cable to them while in that character or office, gene- 
 rally, or in particular places. And even though the 
 gift is in the first instance to particular preachers, 
 &c., if it is indicated that it is also to be for the sup- 
 port or benefit of their successors in the same place, 
 this will create a trust in the first takers, and give 
 them only a life interest. All endowments for the 
 support of dissenting or Soman Catholic worshipj or of 
 ministers or ecclesiastics in that character, are, and can 
 only be, maintained and kept up as charitable tritsts. 
 As regards Protestant ministers, gifts or bequests to or 
 for any specific ministers by name and not by office, and 
 not pointed expressly to their official character, would 
 be considered to be for their personal benefit,and so not 
 
 (o) Hart V. Tribe, 23 L. J., Ch., 462. 
 
29 
 
 charitable. But the case of £oman Catholic eccle- 
 siastics may in that respect be different on many ac- 
 counts, and the gifts of funded or landed property even 
 to individual ecclesiastics, if their ecclesiastical cha- 
 racter is mentioned, may be construed to be for the sup- 
 port of them and their successors in that character, 
 and so charitable trusts, in which they only have a 
 life interest. Otherwise, not having direct heira, the 
 property would go oa their decease to their more 
 distant kindred, which could not be supposed to have 
 been the intention of the donor (a). 
 
 Bequests, either for the support of ehapels or con- 
 gregations, the assistance of Dissenters, or for the 
 support of Dissenting ministers arid their successors, or 
 of particular ministers and their successors, or for the 
 support of the worship or education of any denomina- 
 tion of Dissenters — ^including TJnitarians — are valid 
 charitable trusts (6) ; and all means for the permanent 
 support of any worship but that of the Established 
 Church, are only charitable trusts, there being no 
 corporations or corporate persons, or bodies, for such 
 objects. Places of worship registered, i. e., those of 
 Dissenters (c), are excepted from the operation of the 
 Charitable Trusts Act ; but the endowments attach- 
 ing thereto are not, and it is only the application of 
 the endowments that come within the jurisdiction of 
 Chancery, or of the Commissioners of Charities. 
 Hence, although the Boman Catholic Charities Act 
 
 (o) Oremea v. Cox, i Bro. C. C. ; Thornher v.iWUaon, 2i L. J., 
 Ch. 6647. 
 
 (J) Shrewsbwy t. Bomhy, 5 Hare, 406; At.-G. t. Lowes, 
 8 Hare, 32. So of Jews, Slrangey. Goldsmid, 8 Sim. 614; but 
 it ia otherwise of gifts to enable persons to propagate opinions 
 opposed to Christianity. 
 
 (c) 15 & 16 Vict. c. 70 ; vide ante, p. 9. 
 
30 
 
 does not except chapels, the omission is of no practical 
 importance. 
 
 "With regard to Eoman Catholic religious charitieSj 
 all their endowments for religious purposes are Chari- 
 table Trusts, and until and except the penal laws 
 (long since repealed) there was never any law against 
 any such endowments if charitable. The Statute of 
 33 Henry Till. c. 10, prohibits endowments for the sup- 
 port of particular services, or of priests to have the 
 benefit of such services, i. e. for the donors' souls ; and 
 the statute lEdwardVI.c.lO,suppressed all such exist- 
 ing endowments because not deemed charitable, being 
 only for the benefit of the donors ; and because also 
 found subject to abuses, and deemed superstitious. 
 But that very statute provides for the maintenance 
 of priests ; and the next year a statute was passed 
 requiring the celebration of the "Lord's Supper, com- 
 monly called the Mass" (a) ; so that these laws were 
 not nor are directed against endowments for the sup- 
 port of Eoman Catholic worship in general (5), which 
 is charitable. 
 
 The Eoman Catholic Charitable Bequests Act, 2 & 
 3 Will. IV. c; 115, provides that " Eoman Catholics, in 
 respect of their schools, places for religious worship, 
 education, and charitable purposes, and the property held 
 therewith, and the persons employed in and about the 
 same," i. e. priests or schoolmasters, " shall in respect 
 thereof be subject to the same laws as Dissenters ; " 
 and there is a clause expressly doing away with the 
 declaration against the sacrifice of the mass, i. e. the 
 
 (a) La messe, or "the supper:" i. e. the Eoman Commnnion 
 Service. 
 
 (6) Breelcs v. Woolfrey, 1 Curt. Bed. Rep. 880. 
 
31 
 
 Roman liturgy, which is. offered, as it ia terms ex- 
 presses, for living and dead ; gifts or endowments for 
 the support of Eoman Catholic worship (a), places of 
 worship (b), or ministers of worship, are legal (e), 
 and have accordingly been held to be so. 
 
 It is otherwise of gifts for the celebration of divine 
 services for the souls of donors or their family, which 
 would merely be for their personal benefit, and so, 
 even if legal, would net be charitable. The Eoman 
 law lays down that, in order to avoid the taint of 
 avarice or charge of simony, tbey are to be regarded 
 as gifts for the maintenance of the priests (d), and as 
 such they would be, according to the English law, 
 charitable — the benefit being general, not special and 
 perspnal. And if the donors had so regarded them, 
 the object being permanent, and extending beyond the 
 personal benefit or the life of particular ecclesiastics, 
 the English law would recognise and could and would 
 enforce such gifts as trusts for the support of priests 
 or the maintenance of divine worship in general, ac- 
 cording to the Soman Catholic liturgy, although it is 
 offered for living and the dead; that alone not 
 being by the English law, nor even in the view of 
 the English Church, superstitious. But in the cases 
 referred to, the donors have not so regarded them ; 
 and have declared, on the contrary, the object of the 
 gift to be purely special and personal. This the 
 English law deems not charitable ; and even if it were, 
 
 (a) Thougli it is always in terms offered for the dead — pro vivis 
 et defitnctis. 
 
 (6) De Windt t. De Windt, 23 L. J., Ch., 776. 
 
 (c) Sacerdoa non accipit pecuniam quasi pretium consecrationls 
 eneharistias, hoc euim simoniacam, sed quasi stipeudium susteu- 
 tationis.— S. Thomse. II. 29, 110, art. 2, ad. 2. 
 
 (d) Walsh y. OladitoTie., 1 Ph. 29; At. -G. v. Gladstone, 13 Sim. 7. 
 
32 
 
 it would create a trust impoasible for any human law 
 to enforce, seeing that it is rested on the intention 
 and application of particular services for the benefit, of 
 individuals. And the attempt to secure this by gifts 
 for such services, not the services themselves, is 
 deemed superstitious. In this view the Eoman law 
 is much more in accord with the English than is 
 generally supposed ; and though upon the view taken 
 in common by both, that these gifts are in substance 
 for the support of priests, they would hardly be pro- 
 hibited by the Eoman Church, they are to the utmost 
 restrained; and they are no otherwise recognised than 
 by the rules of moral theology, enforcing, as against 
 the ecclesiastics accepting tJiem, their rigid observance, 
 which tends indirectly to limit them, by enhancing the 
 weight of their obligation. The English law, upon the 
 grounds above stated, and not having any means of 
 dealing with the conscience, deeming it dangerous to 
 allow of men's accepting pecuniary endowments upon 
 trusts, their fulfilment of which no one can enforce, not 
 only regards these gifts as not charitable, but condemns 
 them as contrary to public policy, and, in the legal 
 sense, superstitious ; and as these gifts are avowedly 
 not for the benefit of the donees, considers them to fail 
 altogether. It is clear that they are intended as trusts, 
 and not for the mere personal benefit of the donees ; 
 and hence, especially as they are usually coupled with 
 bequests for alms to the poor, the Eoman law regards 
 them as trusts, taking care that the funds be not 
 applied by clerics or laymen to their own private use. 
 And though in countries where the Eoman Catholic 
 Church is established, and the law recognises the right 
 of the Eoman Catholic ecclesiastics to receive such 
 gifts, the execution of these spiritual trusts is com- 
 
33 
 
 mitted to the prelates of that Church, even there it 
 is impossible that they can enforce them in any other 
 way than by seeing that the funds are placed in proper 
 hands for the purpose of application, either to distri- 
 bution of alms or maintenance of divine services, or 
 the support of pious and proper priests and ministers 
 of divine worship ; nor could they do that without the 
 aid of the civil or secular law ; added to which, in 
 this country, the bishops themselves are often the 
 recipients of such gifts. And in this country, the law, 
 for the reasons above stated, does not allow ecclesi- 
 astics to take such gifts, the reasons being all the 
 stronger in that by the canons of the Council of Trent 
 the Eoman Catholic bishops — themselves the chief 
 recipients of such gifts — have power to commute such 
 trusts for the very reason, on which, among others, 
 the EngHsh law regards them as contrary to public 
 policy ; viz., their inevitable tendency to an accumu- 
 lation of obligations likely to render performance 
 impracticable (a), especially when, as is always 
 more or less the object, the obligation imposed is 
 perpetual. 
 
 For this reason, the decrees of the Council of Trent 
 give the Soman Catholic bishops authority to com- 
 mute such trusts (S), warning the faithful, at the same 
 
 (a) Thu9 no priest can, save on an emergency, and \>j special 
 leare, celebrate more than once on the same day; and aU bishops 
 and priests having cure of souls are bound to offer for their flocks 
 on all Sundays and holidays ; and the same service will not satisfy 
 more than one obligation. Thus Innocent XII., "Omne damnabife 
 lucrum ab ecclesia removere volens, prohibit sacerdoti qui missarnn) 
 snscepit celebrandnm, cum certa eleemosyna, ne eamdem missam 
 alteri parte ejnsdem eleemosynse sibi retenta celebrandam com- 
 mittat." See on the whole sabject Benedict XIV,, De sac. mistdS. 
 
 (S) Coutingit ssepe in quibuadam ecclesiis vel tam magnum 
 missarum celebrandum numerum ex variis defunctorum reliotis 
 impositum esse, ut illis pro singulis diebus a testatoribns prie- 
 
 63 
 
34 
 
 time, of fheir tendency not only to an inconvenient 
 accumulation of obligations, but to abuse, to avarice, 
 to simony, or superstition (a), and especially warning 
 them against reliance on any particular number of 
 divine services (6), and to understand whence and from 
 whom it is that the value of the efficacy of divine ser- 
 vices must be derived (c), and denouncing as simony 
 the celebration of such services for the sake of stipend 
 or reward {d), plainly indicating the danger of super- 
 stition ; not, indeed, in the object (which the law of 
 England and of Eome alike recognise), but in the parti- 
 cular mode adopted for attiiining it ; and in imagining 
 
 soriptis nequeat satisfieri vel eleemosynam hnjilsmodi pro illia cele- 
 brandis adeo tenuem esse, ut non facile mveniatur qui velit huic se 
 muneri subjicere, unde depererunt prse testautium Yoluntates, et 
 eoram conscieutias ad quos prsedicta spectant onerandi occasio 
 datur, sancta synodus, cupiens b^c ad pios usus relicta quo 
 plenius et utilius potest impleri, facultatem dat episcopis, ut in 
 syuodo . . . poBsint statuere circa bsec quicquld magis ad Dei 
 honprem et cultom atque ecolesiarum utilitatem viderunt expedire 
 ita tamen ut eorum semper defiinctornm cnmmemoratis fiat qui pro 
 suariim animarum salute legata ea ad pios usus reliqueruut. 
 
 (a) Qunm igitur muUa irrepsisse Tideantur quae a tauto sacrificii, 
 aliena sunt — decerunt — ut episcopi ea omnia prohib.ere quae vd 
 avaritia vel superstitio, verse pietatis falsa imitatrix, induxit," 
 "quod ad avaritiam pertinet cujusvia generis mercedem condi- 
 tiones pacta et quicquid pro missis novis celebramdis datur ; nee 
 non rmportnnas atque et illiberales eleemosynainim exactiones potius 
 quam postulationes, atque bujusmodi quae a simoniaca labe vel oerte 
 a tui'pe qusestu non longe absint, omnino probibeant. 
 
 (i) Ke swperstitionis locus aliquis detur, caveant, &c. quorundam 
 vero missa/nt/m cerium numerum qui magis a superstitioso culita 
 quam a vera religione inventus est, omnino ab ecclesia removeant." 
 
 (c)_ "Doceant populum quia sit, et a quo, potissimum proveniat 
 
 sanctissimi bujus sacriticii tam pretiosis ac celestis fructus." Ibid. 
 
 "Quamris virtus Christi quse continetur sub saoramento sit infinita 
 tamen determinatus est effectus ad quem illud saorameutum 
 ordinatur.— St. Thom. 24, dist. 45, 9, 2 ; art. 4, 9, 3 ; ad. 2. 
 And as to tbat, " Sacerdotes quanto digniores fuerint tanto facilins 
 pro quibus olamavit exaudiuntur." — Pope Alexand. I, can. 91 c. 1. 
 
 (d) Est aimonia temporale dare pro spiritual! non solum quando 
 temporali datur tanquam pretium, aed etiam tanquam motivimi 
 confereiido vel effieiendi spirituali. Decretum Innocent. XII. 
 
35 
 
 that to offer money to priests to celebrate divine 
 services, or offer prayers for the donors, is so likely 
 to obtain it, as simply to provide for the celebration of 
 diviae services along with other charitable works, 
 -leaving the celebration of such services to their spon- 
 taneous piety or charity. There is the obvious dis- 
 tinction between these endowments and endowments 
 for those which the Boman law insists on regarding 
 as their legitimate objects, viz., the support of mini- 
 sters or places of worship: that there the gift is 
 not necessarily made conditional on the actual cele- 
 bration of divine services ; whereas in the former they 
 are, and so are open to the possible danger on one 
 side of simony, and on the other of superstition. 
 
 It is to be observed that the modern endowments 
 for the object aUuded to are far more open to dauger 
 of those abuses, temptation to avarice and simony, than 
 those which existed in ancient times. For in the 
 ancient endowments, as chauntries, the donation or 
 foundation was not to the priest, who offered the 
 divine services, the selection of whom was the subse- 
 quent act of the donor or founder, or his heirs ; and 
 upon the presentation of a priest to a foundation 
 already established and existing, he became legally en- 
 titled to it, and could not be deprived of it, except for 
 a total cesser of divine services. So that there was 
 little danger of suspicion that these foundations had 
 been induced by promises of such services, or of the 
 divine services being rendered for the sake of receiv- 
 ing the stipend — ^he having a legal estate independent 
 of the celebration of any particular services, and at 
 liberty to celebrate as often as piety might dictate. 
 But in the modern endowments, funds or estates are 
 left to ecclesiastics for the sake of special divine services, 
 
36 
 
 and, as to laymen, in trust or with a request, to 
 secure the benefit of such services : and in either case 
 there is the appearance of holding out money as the 
 motive of the services, and the services are regarded 
 as the consideration for the money, whereas if the 
 money received were simply for the support of 
 the priest or place of worship, without any such re- 
 quest, condition, or stipulation, any services or prayers 
 offered by the recipients of the donor's bounty, would 
 be offered from motives of gratitude and with those 
 feelings of piety and charity which influence the 
 prayers of the faithful in general. And the Court, of 
 Chancery can only alter the disposition of the pro- 
 perty, and cannot affect or interfere with the effects 
 of those motives of piety or charity. 
 
 It is not surprising, therefore, that, even before 
 the separation from Eome, by the legislature (a), and 
 since then by our Courts, these endowments should 
 have been deemed superstitious ; and although in 
 Eoman Catholic countries, where the Epman Catholie 
 Church is established, the bishops of that Church alone 
 have the power of commuting such trusts, the law 
 giving the funda absolutely to their disposition ; in this 
 country, on the contrary, they having no legal status, 
 and taking these funds only on condition of their sub- 
 mission to the jurisdiction of Chancery, it is for that 
 Court to commute these trusts iuto such as it can re- 
 cognise and execute, i.e., into charitable trusts. 
 
 A charitable trust, in the view of the Court of 
 Chancery, to which it wUl lend its power to confer a 
 perpetuity, is one which is for the benefit of others 
 
 (a) 81 Hen. viii. c. 10. " Vain opinions of masses Batisfaetoiy, 
 and abuses of ohauntries and trentals " — a partiaalar ivimAer of 
 masses. 1 Ed. Ti., c. 14, Vide p. 34, note (5). 
 
37 
 
 than the donor or his family, and is not merely for 
 personal but general objects. So that whether or not 
 these endowments are superstitious, they are certainly 
 in that sense not charitable, and are hot considered so 
 by the Boman law, save as endowments for the sup- 
 port of priests. But if the donor does not give them 
 that character, but manifests his own intention to be 
 merely his own benefit, the English law will not 
 take that view of them, but viewing them according 
 to the intention of the donor declares them not cha- 
 ritable gifts entitled to the privilege of perpetuity. 
 
 Thus, where the will bequeathed certain sums to 
 the ministers of certain Boman Catholic chapels, 
 to have the benefit of their prayers, the remainder 
 to be appropriated to " promote the knowledge of the 
 CathoUc religion," the Lord Chancellor, while holding 
 the latter bequest valid, held the former to be void ; 
 because " the sums given to the priests were not 
 intended for the benefit of the priests personally-, 
 nor for the support of the chapels for general pur- 
 poses, but were given for the benefit of their 
 prayers :" i. e,, not to benefit the priests, nor- to sup* 
 port the chapels, but to secure a supposed benefit for 
 the testatrix herself (a). And it is impossible not 
 to see that this was so (S) ; and that therefore those 
 bequests were not valid charitable bequests (c). 
 
 {a) West Y. Shitttleworth, 2 Mylne & Keen, 697. 
 
 (J) Else, how was it that the remainder was expressly dedicated 
 for the support of the Catholic religion ? Plainly implying that the 
 previous bequests were not so. Had the testatrix simply given all 
 the money to support the Catholic worship, she would have 
 secared both objects every whit as well sot ar as the substance was 
 concerned. 
 
 (c) That this was the real ground of the decision is shown by 
 the later case, where a bequest for the use of Koman Catholic 
 priests in and near London, was upheld (At.-O. v. Gladstone, 
 
38 
 
 In such cases, there being an entire gift for an 
 object, and coupled with a request for a use which, if 
 granted, would create a trust, that object being 
 invalid, vitiated the whole gift. Supposing it valid, 
 there would arise a trust, even supposing the sum 
 too small for an endowment, by the gift to an eccle- 
 siastic ; for he would be bound to find a fitting place 
 in which to oifer the divine services requested ; and, 
 supposing the sum large eAough for an endowment, 
 and even supposing it only large enough to afibrd a 
 reasonable stipend for one priest, there would be 
 indicated an intention for, an object requiring per- 
 manence, -and therefore there would be a trust to 
 invest the fund, on the principle already elucidated. 
 If the fund were more than large enough for the 
 finding of a reasonable stipend for more than one 
 priest, there would be a necessity to find others fit 
 to discharge the sacred duties of the trust, and pay 
 them their proportions of the dividends or rents 
 accruing from the investment. All this could and 
 would be done by the Court of Chancery, supposing 
 the object were merely the support of ministers or 
 places of divine worship ; but the actual celebration 
 of divine Service, coupled with a special applica- 
 tion, it could not execute ; nor could or ought any 
 court, civil or ecclesiastic ; and it must be left to 
 the devotion or gratitude, or conscience, of the 
 ecclesiastics, vrith the warning above alluded to — 
 
 13 Simons' Eep. 7). There, the object was clearly the support of the 
 priest (as such) and the suppox-t of Catholic worship, although who 
 can doutt that practically, though incidentally, the benefit of their 
 religious services was acquired ? So in Beath v. Chapnum, 23 L. J. 
 Ch., 950, though some expression.? obiter, point to the supposed 
 superstitiouaness of prayers for the dead, the real ground of the 
 decision is as above stated. 
 
39 
 
 not to celebrate the services for the sake of the 
 stipend. The court therefore not being able to 
 carry out what is declared by the donor to be the 
 object of his gifts, cannot recognise the trusts, and 
 the gifts beiag upon trusts, the gifts failed with 
 the trusts. 
 
 That being so, the Soman Catholic Charities Act 
 provides, " that no gift or disposition on any lawful 
 or charitable Eoman Catholic trust shall be invalid,' 
 by reason that the same estate or fund is also sub- 
 jected to a trust deemed to be superstitious ; but the 
 Court of Chancery or the Commissioners of Charities 
 may apportion the estate or fund, so that a propor- 
 tion of it may be subject to the lawful or charitable 
 trusts declared, and the residue, to such lawful 
 charitable trusts as the Court or Commissioners may 
 consider most just." The effect of which is, that the 
 Court or Commissioners may declare the trusts to be, 
 either in the hands of the present holders alone, or 
 along with others, to be for the very objects which 
 the Eoman law regards as their own legitimate 
 objects ; the only ones which any law can enforce 
 the appUeation of at aU, viz., the support of places or 
 ministers of the Eoman Catholic worship. 
 
 As already shown, these gifts, whether to ecclesi- 
 astics or laics, are trusts, in substance, for support 
 of divine services and the ministers thereof, because, 
 though general in terms, the request for divine ser- 
 vices indicates that as the great object, and negatives 
 the object of mere personal benefit of the donors. 
 Although, when the donee is an ecclesiastic, he will 
 be entitled to & primary interest (not beyond his own 
 life — the object being permanent) to the extent at 
 least of a reasonable maintenance or stipend for the 
 
40 
 
 celebration of divine Bervice, the residue, if any, 
 being applicable to similar or other religious or 
 charitable purposes, eleemosynary or otherwise. The 
 possession or application of the fund will not there- 
 fore necessarily be altered, so far as any law can 
 affect it ; so that the ecclesiastic who now holds or 
 receives the fund may be allowed still to retain it, 
 the difference being that he wiU retain it so far his 
 legal title goes, either as an endowment for his sup- 
 port as a minister of Eoman Catholic worship, or 
 for the maintenance of such worship, or his plaee 
 of worship. The law does not, and no law could, 
 interfere with such services as he may celebrate, 
 still less with his motive or intention; but the 
 law has done all in its power to enhance their 
 purity, and therefore their value and efficacy, by 
 doing what the donors owyA^ to have done, *. e., 
 conferring the fund without any condition, and 
 so providing that the services, if offered, shall be 
 offered from the sole motives of piety and charity. 
 It is not the object of the law to deprive the donors 
 of the benefit of prayers offered from such motives ; 
 which the law, as already shown, deems lawfiil and 
 laudable (a), but to free them from all taint of super- 
 stition or simony. And whateTer may be the 
 actual application of the fund, as it must be to 
 diaritahle objects, and, on that express principle wUl 
 doubtless be to religions objects, the donors must 
 have the benefit of such prayers or services as such 
 motives may inspire, and which alone are of any 
 value. Nor is this all. For, not only wiU. the law 
 tend to enhance the purity and value of services 
 
 (a) Breeks t. Woolfrey, 1 Curt. Eocl. Kep. 880. 
 
41 
 
 offered, but it will likewise tend to increase their num- 
 ber. Even where, from any particular donor, an eccle- 
 siastic may have only a sum sufficient and reasonable 
 as a stipend for his support, he may have similar en- 
 dowments from others; or he may have from the same 
 donor a far larger income than requisite for his own 
 reasonable and sufficient support, in which case — 
 supposing a general gift coupled with a general re- 
 quest for divine services — unless a specific sum is 
 assigned to him by the disposer, or unless otherwise 
 an intention is manifested to secure him the bene- 
 ficed interest in the whole at least for his life, he 
 will be deemed a trustee for the residue, which will 
 be applicable on the same principle. It appears im- 
 possible that there can be an intention in such cases 
 to give the beneficial interest in any part beyond the 
 life of the first taker, for the object is permanent ; 
 and would be defeated by a power of alienation, or 
 by its transmission to next of kin. It would be the 
 duty of the first taker, on the principle already 
 elucidated, to provide for the permanence of the 
 endowment by investment, and this duty will be 
 enforced by the Court or the Commissioners of Cha- 
 rities, in order to provide for the permanent applicar 
 tion and distribution of the fund to such religious 
 and charitable purposes as it can recognise and deal 
 with upon the principle above explained. 
 
 By another clause in the Act, it is provided that 
 where no" document declares the trust, the con- 
 sistent usage of twenty years shall be conclusive ; and 
 by another clause it is provided that the Act is 
 not to " affect " any property held or enjoyed bene- 
 ficially by any person adversely to such trust ; i. e., 
 for his or their own use and benefit agamst and in 
 
42 
 
 denial of any obligation to apply it to any other 
 purpose. 
 
 By the former of these clauses, if in the absence of 
 a declaration of trust in any deed or document, the 
 ecclesiastics who enjoyed the fund have been used 
 for twenty years to celebrate divine services for the 
 donors' souls, that will be deemed conclusive as to 
 there being a trust so to do ; but if there has been no 
 settled usage for that period, the Board must frame a 
 scheme, unless the case comes within the other pro- 
 vision as to adverse enjoyment ; as to which it is 
 to be observed that the former clauses does not apply 
 to enjoyment adverse to a trust, but usage showing a 
 trust (so that twenty years' beneficial enjoyment is 
 not conclusive), and next, that the beneficial enjoy- 
 ment to be " adverse " to a trust must be inconsistent 
 with it ; and it will not be so in the class of cases 
 supposed, merely from its having been a beneficial 
 enjoyment of the fund (for even in the case of a 
 trust there may be a beneficial enjoyment for the 
 life of the donee) ; but it must have been an enjoy- 
 ment in the nature of an absolute dominion or 
 ownership over the whole estate or fund, unaccom- 
 panied by any acts acknowledging an obligation to 
 render any services whatever. 
 
 Where the gifts in question have been to eccle- 
 siastics, as no outward act would indicate their ofiering 
 of services for particular persons, and their enjoyment 
 of the fund would be quite consistent with the exist- 
 ence of a trust for such services, there can scarcely 
 have been an adverse enjoyment in the sense sup- 
 posed. Where the gifts have been to laics, with 
 requests (amounting to trusts) for seeurin" such 
 services, the appropriation of the fund to their own 
 
43 
 
 personal benefit would not be an adverse enjoyment 
 within the meaning of the Act, but a fraudulent and 
 wilful misappropriation. The meaning of adverse 
 enjoyment, clearly and according to all legal analogy, 
 is an enjoyment really and bond Jide ndferse ; upon 
 a sincere belief of right and title to an absolute bene- 
 ficial ownership, free from any trusts or obligation 
 of any kind. 
 
 "Whether there has Been such an adverse enjoy- 
 ment, it is of course in each case for the Court or 
 Commissioners to determine. And even where there 
 has been, it may be a question whether the result 
 of the provision that nothing in the Act shall afieet it 
 (i. e., that the disposition shall not be applied to any 
 charitable trusts) will not be that, the trust having 
 failed, the heir or next of kin will take the property. 
 The practical application of the law will probably 
 not be much afiected by the provision as to adverse 
 enjoyment, for the enjoyment would be the same 
 whether there were a trust acknowledged and acted 
 on or not. Supposing there is really no request, secret 
 or otherwise, for the benefit of divine services ; 
 and a mere intention to confer a personal and bene- 
 ficial interest, without any condition or obligation, 
 expressed or understood, then of course the law 
 as to uses deemed superstitious does not apply at all : 
 and the question whether there is any trust for other 
 religious or charitable purposes depends on the con- 
 struction of the document of gift, in connection with 
 the circumstances of the parties and especially the 
 ecclesiastical character of the donee. But where 
 there is any trust, condition, or obligation, ex- 
 pressed or understood, it is scarcely probable that a 
 Soman CatboUc ecclesiastic wUl set up a beneficial 
 
4Ai 
 
 enjoyment adverse to, i. e., in defiance and disregard of 
 such trust, condition, or obligation ; wWch, whether 
 for the uses deemed superstitious or not, the Eomam 
 law recognises as sacred and binding on the donees ; 
 and the breach of which would beyond all doubt at 
 Eome be a ground for suspension or censure, and 
 indeed, according to our own law, it is probable 
 that it would be deemed fraudulent and wilful, and 
 to entail a liability for restitution. 
 
 The only probable application of the clause as to 
 adverse beneficial enjoyment will be in cases of gifts 
 to ecclesiastics without any trust, condition, or obli- 
 gation, express, implied, or understood. In such 
 cases, however, if the ecclesiastic sets up a beneficial 
 enjoyment as adverse, the question may arise whether 
 it can be adverse, as the enjoyment would be the 
 same, for his own life at least, whether there were a 
 trust or not. And there may be a question whether 
 a gift to an ecclesiastical person, who can have no 
 direct heirs, and whose next of kin can scarcely 
 have been intended to benefit, could be intended as 
 an absolute gift, or for the support of him and his 
 successors in his office, according to the principles 
 already elucidated (a). 
 
 The law of the Eoman Catholic Church is very 
 strict in presuming that gifts or bequests to eccle- 
 siastics are not for their own benefit, but for pious 
 uses (V) ; and in the only class of cases in which gifts 
 
 (a) Vide ante, p. 25, and see Thornier v. Wilson, 24 L. J . 
 Ch., 667. 
 
 (6) "Ut unus quisqne presbyter res quos postdies consecrationis 
 acquisivit propria ecclesise relinquat, inquirenduin est si que 
 Fresbyterorum de reditibus ecclesise vel oblationibns vel votis 
 fidelinm, alieno nomine res comparavit ; quia sicut nee suo ita neo 
 alieno nomine Presbyter fraudem facere de faoultatibus ecclesiatidg 
 debet. De bonis per ecclesiam acquisitis olerioi testari non possunt'. 
 
45 
 
 are likely to be made for their personal benefit, viz., 
 by their penitents, their acceptance of such gifts 
 have been forbidden. It is believed that by the law 
 of all Eioman Catholic countries, priests or ministers 
 of religion are prevented from personally profiting by 
 bequests of persons they attend {a), though the prin- 
 ciple is also ,appUed impartially to physicians, &c. 
 In our own law there is no such prohibition, bu^ the 
 spirit of our courts of law and equity is strongly 
 against such gifts, and they are regarded with great 
 suspicion (J). 
 
 De bonis pTopriis vel acqnisitis intuitn personee clerici testari 
 possnnt : de acqnisitis intuitu ecclesias non. Quod licet clerici de 
 his quae patemae successioois rel cognationis intuitu, seu dono con- 
 sangnineorom aut amicomm lum hahito respectu ad ecclesiam, 
 pervenerunt ad ipsos libere dispoHere valeant, de his tamen quern 
 consideratione ecclesise perceperunt, nullum de jure possont facere 
 testamentnm." — Dec. Greg. Lib. iiL c. 9. 
 
 Sed considerandam est diligentur utrnm testator leget boc modo. 
 Selinquo istud episcopo, an Relinquo istud ecclesise : vel Belinquo 
 illud episcopo et ecclesise. In prime casu distingnendum est 
 utrum relinquatur episcopo ab eztraneo, an a propinquo. Si ab 
 extraneo geneialiter vemm est, quod presnmitur esse relictum 
 intuitu ecclesise, non personse ; et hoc verum est nisi testator ex- 
 primat quod relit illud tantnm esse episcopo, non ecclesisc. Si vero 
 relinquatur illud episcopo a propinquo, presnmitur esse relictum non 
 intuitu ecclesiee sed personse, nisi fort j contrai-ium probatur. Quod 
 si relinquatur episcopo, et ecclesise de illo canonica inter ipsos est 
 diversio. ' Ilud enim est generalitur observandum circa eum, qui 
 potest proprinm possidere prelationem vel administrationem 
 ecclesise non habentem ; quod si ei aliquid specialiter relinquatur, 
 non solum a propinquo verum etiam ab extraneo intelligitur esse 
 relictum, non intuitn ecclesiae sed personse; nisi probatio in con- 
 trarium appareret. — Dec. Grrcg. Lib. iii. Tit. 26, c. 15. 
 
 (o) Thus by the law of France, "Lea docteurs ou les pharma- 
 ciens qui auront traits nne personne pendant leur maladie dont elle 
 meurt, ne pourront profiter des dispositions entre riis ou testamen- 
 taires qn'eUe aurait faites, en leur farenr pendant le cours de cette 
 maladie. Les mimea regies serontohserv4es & USga/rd du mimetre 
 du eahe." — Code CSvil. Liv. iii. Tit. ii 909. And, although 
 most persons think otherwise, this code was but a compilation &om 
 previous codes, showing the old law of Fiance. And is so in 
 other countries. 
 
 (6) If a clergyman or any person in the habit of imparting reli- 
 
46 
 
 The statute does not mention gifts wliolly for the 
 uses deemed superstitious, and only mentions gifts 
 partly for such uses aiid partly for charitable objects ; 
 but in point of fact such gifts are never made *m- 
 pUeiter, but are left to particular persons — usually ^l 
 ecclesiastics — or for particular purposes, as chapels 
 or schools, with a request for the special applieatien ; 
 of divine services, which (the object being certain 
 and definite) would be construed as a trust. The gifts 
 are perhaps more generally of the former than the latter 
 kind ; i. e., to persons, not purposes. And it should 
 seem that the framers of the Act conceived that gifts, 
 especially endowments to Eoraan Catholic ecclesiastics, 
 as such, coupled with requests for the exercise of 
 their functions, would be construed as charitable, i. e., 
 not personal, nor solely for their personal benefit, 
 but for their maintenance in their ecclesiastical office 
 and character, and so in trust for their successors 
 thereiif, and for the exercise of the functions thereof ; 
 for which reason, as already mentioned, the Eoman law 
 regards these gifts as in substance for the support 
 of the ecclesiastics ; and in that view such gifts would 
 be deemed trusts, because, although in terms abso- 
 lute, they are coupled with a request implying a 
 trust for a purpose requiring continitance. And 
 the case would be in substance the same whether the 
 gifts were to the ecclesiastics themselves or to laics 
 to provide them; with this distinction, that in the 
 latter case the laics would have no interest, and in the 
 other the ecclesiastics would have only a life inte- 
 
 gions instrnotion, takes from the person who has so placed con- 
 fidence in him a gift, there is strong ground for suspicions inquiry as 
 to undue influence. Middleton v. 8/ierbwn, 4 T. & C. 4 ; Denfv. 
 Beimelt, 1 Simons, 539 ; lioworth v. Marriott, 1 Myl. & Keen 643! 
 
47 
 
 rest. Such gifts may be either of a fund or estate, 
 coupled with a request for masses generally ; in which 
 case the whole fund would probably be deemed ap- 
 plicable to religious uses, and the donee only entitled 
 to retain a reasonable part or suf&cient stipend. 
 Or, the gift would be general, and the request for a 
 particular number of masses, in which case, though 
 there were no allusion to other charitable purposes, 
 the gift would be on an implied trust for such a num- 
 ber of services, and so the case would still be within 
 the Act. And as to the surplus, its application 
 would depend on the circumstances of the contract, 
 and the existence or absence of personal friendship, 
 which might indicate either an intention for per- 
 gonal benefit, or for the support of the dignity or 
 office, and in the latter view the residue would pro- 
 bably be deemed a gift for that purpose, and so a 
 charitable trust (a). 
 
 If the gift or bequest either to a layman or eccle- 
 siastic of any church or sect be described as "for" 
 religious or charitable purposes, however generally 
 described, or even in those very words, or, on the 
 other hand, for divine services — several or special 
 — it wiU constitute an express trust, even al- 
 though the word " trust " is not used, and it is 
 expressly declared that the application to such 
 purposes is to be at the discretion of the donee (J). 
 For such a gift binds the donee to apply the whole 
 
 (a) As where as estate has been given to a schoolmaster, and no 
 intention could be preanmed of giving him an individual benefit 
 beyond his stipend. At.-G. v. The Master of Brentford School, 
 1 M. & K. 377; At.-G. v. Wilson, 3 M. & K 362. See also the 
 At.-O. V. The Deem and Camons of Windsor, 27 L. J., Ch., 
 320, where all the cases are cited. 
 
 (i) Townsend v. Carus, 3 Hare, 257. 
 
48 
 
 fund of the endowment to such purposes, although 
 the selection is at his discretion ; and if he does not 
 so apply it, the Court will compel him to do so, and 
 frame a scheme for its application (a). And even if 
 the gift'.be absolute in terms, if it la coupled with a 
 request to the donee to apply the fund to some 
 definite object, although at his discretion, as divine 
 services specially to be applied, or the support of 
 divine service generally, there will be equally a trust. 
 The absence of any express indication of intention 
 for an ecclesiastical application of the property is in 
 such cases of the gifts before the statute of "Wm. IV., 
 legalising Boman Catholic worship, of course easily 
 accounted for ; since the expression of such an inten- 
 tion would have invalidated the gifts. And the least 
 indication of intention to keep up or support the 
 ecclesiastical office, or of a purpose extending beyond 
 the donee's life {vide ante, p. 28), would be sufficient 
 in such cases to show a trust, and even personal friend- 
 ship hardly would account for the gift of permanent 
 property for the services of an ecclesiastic. In such a 
 case even the heirs might be construed successors ; 
 or the heirs might be deemed to take only the legal 
 estate in trust for the successors. In that case there 
 would, according to principles already explained, be 
 a trust. The mere relation of 'penitent, so far from 
 accounting for a gift for the absolute benefit of his 
 spiritual director, would tend, according to Homan 
 and English law, to raise the inference that the gift 
 was in trust for charitable purposes, for it would be 
 highly improper for a priest to take from a penitent 
 any gift for his own benefit, or even for any religious 
 
 J 
 
 (o) Beneage v. Andover, 10 Price, 269, vide write, p. 28. 
 
49 
 
 purpose with whicli he is at aJl connected (a). In- 
 deed the Eoman law is very strict in construing gifts 
 to priests or prelates to be for religious purposes, 
 and strictly prohibits them from dealing with such 
 gifts for their own benefit. And if there were no 
 evidence not only of an intention to give personal 
 benefit, but that the gift should be solely for that 
 purpose, and be absolutely disposable for mere private 
 expenditure, and either* saleable for such purposes, 
 or at death bequeathed or left to next of kin, the gift 
 would probably be held to have been on an implied 
 trust for its application to the support of Eoman 
 Catholic worship, or of the Roman Catholic priest 
 or bishop of the place or chapel to which the donee or 
 donor might have belonged (S). 
 
 If, though the general object be definite, the par- 
 ticular objects are unascertained, as a gift for Catholic 
 priests or Protestant preachers, or the like, the court 
 will, if there be no trustee to ascertain them at his 
 discretion, or if he neglect to do so, construct a 
 scheme of application (c). If the gift is to a specific 
 institution, as a college or a chapel, it wiU be simply 
 
 (a) Hence, at a very early time there was a decree to this effect 
 in Eome, said to have been issued at the request of the Pontiff. 
 — See Cod. Theod. xvi. tit. 82. So there is a modem canon : 
 "Cavendum est ne saoerdosin aliquam inoidat avaritiffi suspioionem 
 si testamentonim confectione immisCens : si saltern in commodnm 
 ecclesise vel virorum bonorum partem moribundus cedat ; '" and of 
 course a priest can scarcely fail to fall into suspicion of avarice if 
 under such words he takes a. gift for himself ; and though it is 
 added that he is not to be deten'ed from urging the duty of restitu- 
 tion or of almsgiving, in either case it would be properly to the 
 poor, rather than to any ecclesiastic (unless in trust for them), and, 
 to avoid the suspicion of an undue influence, in timst for ciiaritable 
 purposes with which the priest has no connection, 
 
 (6) Thomber v. Wilson, 24 L. J., Ch., 667. 
 
 (c) WcUsh T. Gladstone, 1 Ch., 29. 
 
 D 
 
50 
 
 transferred thereto (a). If it is to erect, establist, 
 or endow an institution or foundation, the court 
 will either (supposing the gift valid) see that the 
 trustees, if any are appointed, carry out the purpose, 
 or will carry it out itself. 
 
 It matters not how ffeneral the purpose for which 
 a gift is declared to be made, if the court can see 
 that it is charitable; nor does it. matter that the selec- 
 tion of objects, or the distribution of the fund, is left 
 absolutely in the discretion of the donee. A gene* 
 ral gift for charitable purposes will be carried into 
 effect by the court by means of a scheme, supposing 
 the execution not confided to the discretion of trus» 
 tees (6), and even a gift so general as for religion 
 or education and learning, has been held valid as a 
 charitable trust (c). 
 
 The court will satisfy itself whether the object can 
 be attained, and how ; trustees will be appointed if 
 necessary ; the fund will be secured in court, and the 
 income will be paid to them with directions for its 
 application, consistent with the charitable purpose (d). 
 And even if by the gift the application of the fund 
 be left to the discretion of the trustees, the question 
 will be whether it gives a mere discretionary power, 
 or imposes upon them a trust ; for there is a distinc- 
 tion in equity between a mere discretionary power in 
 trustees, and a trust to be executed by them, though 
 it may sometimes assume the form of a power. "When 
 there is a mere discretion in trustees, to be executed 
 simply as they think fit, the court will not interfere 
 
 (a) At.-G. T. Gladstone, 13 Sim. 7. 
 (6) Martin v. Maugham, 8 Jur. 609. 
 
 (c) Whicker v. Hwrne, 1 De Gex, Macn. & Gord. 506. 
 
 (d) Mortimers. Watts, 21 L. J., Ch., 169. 
 
51 
 
 with their discretion. If the trustees do not execute 
 the trust, the court will not execute in their place ; 
 but if there is a trust the court will compel them to 
 execute it, or will order it to be executed under its 
 directions. And the test whether there is such a 
 trust is, whether they are bound to exercise the dis- 
 cretion, and for the benefit of the parties interested 
 in the trust. If so, the court will compel them to 
 do so. And in the case of charitable or religious 
 trusts, this wiU no doubt be the case ; for the very 
 reason given for holding valid a bequest to be applied 
 to Buch charitable or religious societies or purposes 
 as the trustees may think fit is, that it binds the 
 trustees to exercise that discretion, and apply the 
 whole fund to such purposes (a). 
 
 Such bejng the purposes for which charitable 
 trusts may be created, there must, to create such 
 trusts, be valid trusts for such purposes. There may, 
 as already mentioned, be trusts by implication ; and 
 though any disposition of property to take efiect at oP 
 after death must be by last wUl iu writing duly at- 
 tested, and unless it be by declaration of trust accom- 
 panied by actual transfer to trustees, inter vivos, and 
 a declaration of trust, if made after the disposition, 
 and to take efiect after death, is testamentary, and 
 must be by will duly attested ; and though the Sta- 
 tute of Frauds (29 Ch. II.) requires that all declara- 
 tions or creations of trust of any lands, tenements, or 
 hereditaments shall be manifested and proved by some 
 writing signed by the party by law enabled to declare 
 it, or by his last will, or be utterly void and of no 
 6ffeet, except where a trust arises or may residt 
 
 (a) Tmmsend t. Carus, 3 Hare, 257; 21 L. J., Ch., 174. 
 
 D 2 
 
32 
 
 %y implication or construction of law, as tte statute 
 4oes not apply to trusts so arising ; so neither does it 
 exclude parol evidence to show that there ■was a 
 secret understanding in fraud of the law (a) : not 
 could a trustee safely set up as against the trust the 
 want of written evidence to enable him to hold pro- 
 perty free of trust for his own benefit ; for if there 
 were no trust mentioned in the disposition,, and no 
 circumstances to account for a disposition for his own 
 benefit, it might be deemed either that there was a 
 secret trust, or a failure of trust, or a resulting trust 
 for the heir ; and so if on the disposition some trust 
 were mentioned, but not disclosed in the dispositioa 
 itself, or in any separate document, there the men- 
 tion of a trust of course would exclude' the donee 
 from personal benefit, and the trust failing the gift 
 would fail, and the estate go to the heir. 
 
 So, as to the statute improperly called the modem 
 Mortmain Act (of 9 Geo. II., c. 36), which pro- 
 vides that any disposition of land, &c., or money to 
 be laid out or disposed of in land in trust for or for 
 the benefit of any charitable use, shall be void, unless 
 made by deed executed twelve months and enrolled 
 six months before the death of the donor, and made 
 to take effect immediately, absolutely, and without 
 any reservation ; that only applies to real estate ; and 
 so not to shares (6), and to real estate to be Jieli for 
 the charitable use, not to be sold for its benefit (c) ; 
 or to personalty directed to be laid out in land or in 
 
 W ^■■^- ■^- PovMm, 8 Sim. 472; Pilkington v. Boughey^ 
 
 (b) Myersv. Perigall, 22 L. J., Ch., 431. 
 
 (c) Doe d Chidgly t. Borrig, 16 M & W., 617 ; but a charge on 
 land tor a chanty ib withm the Act : Cvrrie v. Pye, 17 Vesey 412. 
 
53 
 
 building, if no land is already or otherwise provided 
 for the purpose (a), and though bequests to be applied 
 in erecting or establishing charitable institutions not 
 already possessing land for building, might be deemed 
 to be a direction to buy land, this is not so where 
 the direction is to endow charities (b) ; and, added to 
 this, a trust to be within this Act must be declared in 
 writing, signed by the donor, under the other statute, 
 and if it be not referred to in the deed of gift, and 
 then existing, it must be declared by deed, which, as 
 weU as the deed of gift, must be enrolled, for the two 
 together make up a disposition to charitable uses (c). 
 And not only so, but parol evidence may be ad- 
 mitted to show a secret trust in fraud of the law, and 
 a biU in chancery would lie to disclose it adversely to 
 the charity, as on the part of the heir or residuary 
 devisee. But though even after money has been left 
 to be laid out in land for a charity, and has been so laid 
 out contrary to the statute, the court will not establish 
 or carry the trust into effect as against the heir (d) ; 
 yet as the only effect of the statute is that the 
 
 (a) At.-G. V. Modgson, 15 Sim. 146. 
 
 (6) There is a distinction between bequests for erecting and en- 
 dmoimg: supposing the endowment to appl; to existing, buildings, 
 they are not within the Act : Edwards t. Mall, 25 L. J., Ch., 82. 
 
 (c) There are exceptions to the operation of the Act created by 
 various Acts (3 & 4 Vict. c. 93, and 4 & 5 Vict. c. 26) in favour of 
 ehureh-building and schools, the former only applying to the 
 Established Charch, and their scope is specific bequests of 5002. for 
 particular churches, notgeneral bequests for church-building : Ckurch- 
 Bmlding Society v. Coles, 24 L. J., Ch., 713. There are like- 
 wise Acts for fiicilitating building of schools which apply generally 
 to all religious bodies : see 5 Vict. c. 38, an Act allowing the 
 bequest of an acre of land as a site for a school for the education 
 of poor persons, or for the residence of a schoolmaster or mistress, 
 or otherwise for the purposes of the education of such poor persona 
 jn religious and useful knowledge. 
 
 ((/) At.-G. T. Admd, 1 Bus. & Myl. 243, 
 
54 
 
 dispositipn, if within it, shall be void, if the trustees 
 have actual possession of the property and admit the 
 j6rust,/«% may be subject to the jurisdiction of the 
 court or the Commissioners of Charities in respect of 
 the trust (o), and trustees may even be fixeA with a 
 trust as between themselves and the objects of it by 
 a deed void under the Mortmain Act, the provisions, 
 of which are as between tlie trustees and the lievt, 
 not as between trustees and cestuis que trust (6) ; and 
 though in a suit in which any party may have an 
 interest adverse to the trust the court cannot act on 
 a deed so void (c), yet where the trustees have been in 
 possession of the property dedicated to charitable uses 
 under the deed, and have acted under it, they cannot 
 be allowed to dispute its validity, and the liability 
 of the lands to be recovered by title paramount is no 
 pbjection to a suit for administration. A recusant or 
 dishonest trustee cannot therefore set up the invalidity 
 of the deeds under which he himself holds, and if he 
 claims to hold adversely to a charity he must be prer 
 pared to show an absolute gift to him for his own 
 personal benefit ; and though, no doubt, to fix him 
 with a trust adversely, a substantive suit is neces- 
 sary (d), the Commissioners of Charities may direct 
 such a suit, in which secret trusts may be disclosed. 
 
 It is important to bear in mind that as against 
 a donee the question is not whether donor has 
 declared a trust, but whether he has indicated an 
 ■intention to do so. For a gift in that case depends 
 
 [a) At.-G. T. Ward, 6 Hare, 483. 
 
 (i) At.-G. T. Gardner, 2 De Qex & Smale, 102. 
 
 (c) At.-G. v. Mvmroe, Ibid. 122. 
 
 (d) ffidchmson v. Stephma, 5 Sim. 498 ; Walton t. Nenti 
 6 Sim. 328 ; At.-G. T. PovUm, 8 Sim., 472, 
 
55 ;■ 
 
 upon the trust, and if there is no trust there is no 
 gift ; so if there is no trust, the heir or next - of 
 kin takes (a). The declaration of trust is only- 
 material as against the donee when the gift itself is 
 by way of declaration of trust, which in equity is a 
 disposition of personalty, provided there be some 
 transfer of the fund from the hands of donor. In 
 such case it is for the next of kin to show that there 
 was not a valid declaration of trust, because made 
 after the transfer and to take effect at death, and 
 so testamentary, and not duly executed. Because 
 if there is no valid declaration of trust, there was no 
 disposition, and the right of the next of kin is not 
 displaced. But in other cases — as of an absolute 
 legal gift, whether of realty or personalty — -it is 
 enough to show that there was an intention to 
 create a trust, although it may not have been 
 BuflBciently declared, because that shows there was 
 no intention to confer a beneficial interest, and 
 so the gift was not intended to take effect accord- 
 ing to these teruis, but as a trust; and though 
 it is otherwise if there was no intention to create 
 a trust, although the purpose is disclosed, but to 
 leave it to the donee without a trust, a trust may 
 be sufficiently indicated to exclude the devisee 
 from taking a beneficial interest, though the pur- 
 pose is not disclosed (J). Thus, a bequest to 
 an individual for a purpose expressed elsewhere, 
 and which purpose, from some unexplained cause. 
 
 (a) Johnson t. Ball, 5 De Gex & Smale, 85 ; Gray v. Gray, 
 21 L. J., Ch., 755 ; Petty v. Petty, 22 L. J., Ch., 1065 ; Tierney 
 V. Wood, 23 L.J., Ch., 897. 
 
 (6) Or even thougli the trust fails. Bernard v. Marshall, 
 28 L. J., Ch., 649. 
 
56 
 
 is not discoverable by the trust, creates sneb an 
 uncertainty that the court cannot declare the in- 
 tention of the testator, and therefore the property 
 vests, not in the legatee or devisee, but the heir or 
 next of kin. Though the court does not presume a 
 trust, and ' precatory ' words do not create a trust, 
 if the objects are indefinite, that supposes the whole 
 intention of the testator, so far as it has been ex- 
 pressed, to be before the court, and that the uncer- 
 tainty is occasioned by the intention which it declares, 
 and does not apply to a case in which, from the terms 
 of the bequest, it would appear that there was a 
 written expression of the intention of the testator 
 which is not before the court ; as where he says that 
 the bequest, though in terms absolute, is for a " pur- 
 pose " named in a paper not to be found. In such a 
 case it is held that the trust fails for uncertainty, and 
 that as the bequest was for a trust, and not for the 
 donee's benefit, the gift fails, and the property passes 
 to the heir or next of kin, as the case may be (a). 
 And it is to be observed that if the bequest is de- 
 clared to be for an ultimate purpose, which goes beyond 
 the mere personal benefit of the donee, even though 
 for his life he is to have the enjoyment, it will create 
 a trust, though the execution of that purpose is left 
 to the "judgment" of the donee (J), or if there be 
 divers objects, a power of selection and distribution is 
 left to him, as where the bequest is to distribute 
 among certain objects as he may think proper (c). 
 As between the commissioners in the interest of a 
 
 (a) The Mayor of Gloucester v. Osborn, 1 House of Lords 
 Cases, 272, affirming a decree of the Court of 'Chancery ; 3 Hare 131 
 (6) Bait V. Anns, 11 L. J., Ch., 62. ' 
 
 (c) Bmr&agh v. Philcox, 5 Mylne & Craig, 73. 
 
57 
 
 charity and the trustees, it matters not that the 
 declaration of trust is invalidi If there be a dispo- 
 sition of realty, — which requires to maie a trijat valid 
 as against the heir, a declaration of trust, — not in 
 terms absolute, as though for the personal benefit of 
 donee, but alluding to some trusts not mentioned, 
 but kept out of the will for the purpose of concealr 
 ment, not only can the donee by bill in chancery be 
 compelled to disclose thS nature of any secret trusts 
 for charitable purposes (a), but if they are denied or 
 not disclosed, then the allusion to some trust will 
 indicate an intention that the donee was not to take 
 for his own personal benefit, and the gift will pass to 
 the heir or next of kin, whether it be realty or per- 
 sonalty, the court not being enabled to execute it, it 
 not appearing to be for charitable uses (b). Aud 
 even though the bequest be in terms absolute — as to 
 the priest, or preacher, or minister, of such and such 
 a chapel, and his successors, or any similar terms — as 
 the minister for the time being of such a chapel for 
 ever, or for continuance beyond the life of any par- 
 ticular minister named (so as to create a gift legally 
 charitable in its nature), then the gift will be not 
 absolutely to the first taker, but in trust for his 
 successors (c). 
 
 (o) Jackson t. Russell, 21 L. J., Ch., 46. 
 
 (b) Briggs v. Permy, 21 L. J. Eep. (N. S,), Ch., 265, where 
 the words in the will were — "well knowing that she (the devisee) 
 will dispose of it according to my wishes." 
 
 (c) Thornier t. Wilson, 24 L. J. Rep. (N. S.), Ch., 667: the 
 .Vice-Chancellor said : " There is no doubt on the face of the will that 
 the testator meant to endow a chapel with a stipend for the minis- 
 ter. My opinion is, therefore, that there is no gift to the priests 
 out of regard for them, but a devise for the benefit of the office,' 
 so that the devises were held trusts." It was impossible to come to 
 any other conclosiou.. 
 
 D 3 
 
58 
 
 Upon the cases it appears that if a will contains an 
 absolute gift to an individual, that individual must 
 take for his own benefit, unless by other parts of the 
 will, or by some other evidence brought home to the 
 knowledge of the donee in the testator's life-time, 
 that absolute gift is with certainty reduced to a trust. 
 And a gift which, uncontrolled by the context, would 
 give an absolute interest, is not to be reduced to a 
 trust by a mere recommendation to the legatee to 
 give an unascertained part of the legacy to a par- 
 ticular object, or any part of the legacy to an un- 
 ascertained object (a). It is otherwise, however, if 
 it appears that the intentions of the testator were 
 ascertained and described by him, but are not dis- 
 closed (J). In that ease there is a trust which fails, 
 and the legatee does not take for his own benefit, but 
 it passes to the heir or next of kin (c). Where 
 indeed the heir seeks to take real property on the 
 ground that the disposition is invalid, because for 
 charitable purposes and not duly made according to 
 the Mortmain Act, there he must fix the disposition 
 with a valid trust in writing — which, if after the dis- 
 position, must be by way of testament (d) — or he 
 must fix donee with a secret trust in fraud of the 
 law, which he can only do by bringing a knowledge 
 of it home to donee in the life-time of donor (e). 
 But even in those cases, if the disposition itself 
 declare that it is to be on some trust, though that 
 
 ' (o) The Corporation of Gloucester v. Wood, 3 Hare, 131. 
 
 (6) TAe Corporation of Gloucester v. Osbom, 1 House of Lords 
 Cases, 284. 
 
 (c) Knight v. Boughton, 11 Clark & Pinelly's Rep. (House of 
 Lords Cases) 513. 
 
 (d) Lomas v. Bepley, 24 L. J., Ch., 254. 
 («) WaXlgrove t. Tibbs, 25 L. J., Cli., 240. 
 
59 
 
 trust is not disclosed, that will be sufficient to take 
 the property from the donee ; but while he has it he 
 may be fixed with a trust by actual usage, or by his 
 own acknowledgments or acts. 
 
 Nor would the mere absence of any express decla- 
 ' ration of trust, parol or written, be sufficient to 
 secure the donee the personal title and enjoyment, 
 for usage itself is evidence of it ; and might be pre- 
 sumptive evidence even of a . deed ; and as against a 
 party who has for years actei on a trust, however 
 invalid, every presumption will be made, insomuch 
 that in a suit merely for the administration of a 
 charity agaiast a trustee, and not by the heir, even 
 though an invalid deed is produced, it will be pre- 
 sumed that some other mode had been resorted to for 
 making a valid disposition (a). This being so, it is 
 manifest that the Commissioners of Charities, in the 
 exercise of their jurisdiction — which is declared to be 
 the due administration of charitable trusts, and the 
 more beneficial application of charitable funds — have 
 nothing to do with the mere invalidity of dispositions 
 to charitable uses : having no jurisdiction on the one 
 hand to take property from a charity, nor on the 
 other hand to interfere with any suit or claim 
 adverse to a charity, but simply to secure the due 
 application of funds which de facto it finds in pos- 
 session of a charity. And hence their jurisdiction 
 as to inquiry is defined to be, " to examine, as they 
 in their discretion may see fit, into all charities . . . 
 and the application of the funds belonging thereto," 
 in order to do which they must inquire as to what 
 are charities ; and it is declared that they " may cause 
 
 (a) At.-O. v. Mou, 20 Beav. 119. 
 
60 
 
 inquiries in relation" to these matters, which 
 comprises and must necessarily and primarily re- 
 quire inquiry, as to whether in any particular case 
 there is a trust or not for any charity. And as 
 the heir against a charity may set up a secret trust 
 in fraud of the law, so may the Attorney- General 
 or the Commissioners of Charities set up a secret 
 trust in fraud of the law, as against the trustee, but 
 in favour of a charity. 
 
 And though it is provided that the Act shall not 
 extend to give the Commissioners power of requiring 
 from any person claiming to hold any property ad- 
 versely to a charity, or free from any trust or charge 
 (i. e. for his own benefit), any information, or the pro- 
 duction of any deed or document in relation to the 
 property so claimed, — this, in the first place, does not 
 preclude them from getting the information from any 
 other source, except perhaps the attorney of the 
 party (a) ; and as to wills proved, they can of course 
 obtain copies. And in the next place it is clear, 
 upon general principles of law and equity, that the 
 party to be entitled to this exemption must be claim- 
 ing really, and not colourably or merely to defeat the 
 jurisdiction ; and of this the Commissioners in the 
 first instance must judge ; and if they decide against 
 the claimant, and he continues recasant, . they may 
 apply to the Court of Chancery for process of con- 
 tempt, on which application the court will determine 
 upon the whole matter whether the claim of title is real 
 or colourable (J). !For it is clear law that in no case 
 is a jurisdiction ousted by a mere claim of title, unless 
 
 (o) Rmsdly. Jackson, 21 L. J., Ch., 146. 
 
 (6) Thompson v. Ingham, 19 h. J., Q. B., 189. 
 
61 
 
 real and land fide (a), otherwise it is obvious any 
 jurisdiction might easily be defeated, 
 
 Nor is this all. I"or the Commissioners, even sup- 
 posing the claim of exemption from their jurisdiction 
 be upheld, may certify the case as fit for prosecution 
 by the Attorney-General, and then in the Court of 
 Chancery it may be that there will be no exemption 
 from discovery, and certainly not from interrogatory 
 on oath with a view to discovery. In such a suit the 
 books of the party may be ordered to be produced, 
 the entries in which may tend to prove a usage and a 
 trust, as well as any deeds bearing upon the question 
 or relating to the matter at issue (b). Even written 
 communications between the party and his attorney 
 relating to the matters which form the subject of the 
 suit, if before or even after the suit, and not mere 
 legal advice or opinion, may be ordered to be pro- 
 duced (c). And if the allegation is that the deeds 
 were coupled vrith secret trusts in fraud of the law, 
 the court may upon the whole of the circumstances 
 order a production of the deeds under which the 
 party holds {d). 
 
 So far as to the jurisdiction of the Court of Chan- 
 cery in establishing or disclosing a charitable trust, 
 or of the Commissioners of Charities in aiding the 
 court so to establish or disclose it. It remains now 
 to consider the jurisdiction of the court or of the 
 Commissioners of Charities in regard to charitable 
 trusts. Their jurisdiction, is exercised chiefly in 
 
 (a) Ulley v. Stmiey, 17 L. J., Q. B., 357. 
 (6) Ord T. Fawcett, 19 L. J., Ch., 487; Beswichv. Murray, 
 1 Maen. & Gord. 530 ; Bassford v. Blakesley, 6 Beav. 131. 
 
 (c) Peile T. Stoddart, 1 Maon. & Gord. 192. 
 
 (d) WaUingham t. Goodrich, 3 Hai-e, 122 ; Mayoi- of Sartrmuth, 
 V. Boldmorth, 10 Sim. 476. 
 
62 
 
 regard to the appointment of trustees, the establish* 
 ment of schemes, and the due security and applicatioit 
 of the funds. The establishment of a scheme and 
 appointment of trustees may be necessary to the 
 very establishment of a charity in the first instance. 
 
 If, in the original donation, there were no trus- 
 tees appointed, or the trustees became unfitted for 
 their office, or fail, application must, if necessary be 
 made to the commissioners, or, with their approval, 
 to the Court of Chancery, which has always had a 
 general jurisdiction thus to provide for the perman- 
 ence iis well as establishment of charitable trusts. If 
 there is any provision in the original deed, &c., as 
 regards the appointment of trustees, those provisions 
 must, unless varied by Chancery upon special grounds, 
 be adhered to (a). As regards the transmission of the 
 legal property to new trustees, special provision is 
 made for any buildings held by any congregation or 
 society, or body of persons associated for religious 
 purposes, or for the promotion of education as a chapel, 
 school, dwelling-house, glebe, &c. (expressions which 
 apply equally to Church of England, Dissenting, or 
 Eoman Catholic bodies, the latter being by the 
 statute Wm. IV. placed, as regards their places of 
 worship or schools, on the same footing as DiasenterB)", 
 by the Act 13 <fc 14 Vict. cap. 28, which provides 
 that without any new conveyance the property shall 
 vest from time to time in new trustees to be appointed 
 either according to the provisions of the deed, or if 
 ho mode of appointment be therein prescribed, or if 
 the power of appointment has lapsed, then in sudi 
 manner as may Be agreed upon by the body. And 
 the Trustees Acts 1850 and 1855 confer upon the 
 
 (o) At.-Q. v. Balton, 20 L. J., Ch., 569 ; 13 Beav. 141. 
 
Court of Cbancery special powers in a summary way, 
 upon petition, to appoint new trustees in all cases in 
 ■which it is expedient to do so, and it is inexpedient 
 to do so without the aid of the court. These Acts 
 apply to charities, and include chapels ; so that an 
 application may be made to the court, upon petition, to 
 appoint new trustees of a chapel (a), or in other cases 
 , to the Board, or with the assent of the Board to the 
 court. Chapels of Dissenters and Eoman Catholics 
 are specially excepted from the Charitable Trusts 
 Act, and therefore, as to trustees of chapels, the 
 commissioners have no direct jurisdiction, nor, it should 
 seem, even to restrain applications to the court in 
 respect to such charities. But as to any applications 
 to the court under the Trustees Acts, as regards a 
 charity, the consent of the Attorney- General, even 
 where that of the board is not required, is necessary, 
 and the application can only be under these Acts and 
 in a summary way, where the matter of fact .on which 
 the application turns is admitted, and the unfitness 
 or failure of trustees cannot be disputed, as where 
 they are infant, or lunatic, or under the Bank- 
 ruptcy Act, in cases of bankruptcy (6). In cases 
 where the question is a far broader one, as to the unfit- 
 ness of the trustees, either on account of misconduct, 
 maladministration, or deviation from the trust, op 
 especially in religious or educational charities on the 
 ground of their religious belief, the application must 
 be with the sanction of the board to the general juris- 
 diction of the Court of Chancery, or, except in the 
 last case, to the Board itself. 
 
 (a) In re the Ycurtey Wesley wn, Chapel, 10 Hare xxxvii. ; In re 
 Solles'i Charity, 3 De Gex, Macn. & Qord. 760. 
 
 (b) 12 & 13 Vict. 0. 106. 
 
64i 
 
 The Charitable Trusts Act of 1860, while giving the 
 board power in certain cases of removing or appoint- 
 ing trustees, except the removal of a trustee on the 
 ground of his religious belief, which is therefore stiU 
 a matter for the jurisdiction of chancery, though as 
 to that or any other matter no application can be made 
 to chancery without the sanction of the board, unless 
 iu the case of Dissenters' chapels or Eoman Catholic 
 places of worship. As to the removal of trustees of 
 religious charities on account of their religious belief, 
 the general principle of chancery is that trustees of 
 such charities should be of the religious opinions of 
 the founder, or of the body of Christians, for 
 whom the charity is intended (a). And that principle 
 can only be enforced by the Court of Chancery itself 
 being expressly taken out of the jurisdiction of the 
 Commissioners of Charities (J). 
 
 Assuming a charitable trust to be either admitted 
 or mani^sted, even although of the most general 
 character, the Court of Chancery has jurisdiction to 
 enforce its due execution, and therefore the Com- 
 missioners of Charities also have jurisdiction. If the 
 objects are general, and the trustees have a discretion, 
 as where it is to be for charitable or religious 
 purposes or bodies at their discretion, though the 
 court or the commissioners cannot interfere in their 
 discretion as to the selection of objects and distribu- 
 tion of funds — ^provided it be exercised bond fide — 
 they can and will compel the application of all the 
 funds to the purposes described ; and for the purpose 
 of finding whether there has been or is such an appli- 
 cation, the Commissioners of Charities have power in 
 
 (a) Drwmmond v. At.-O., 14 Jur. 137. 
 (6) Act of 1860. 
 
65 
 
 such a case, or in any other case of a charity, to call 
 for such accounts and statements as they think fit as 
 to past or present receipts or disbursements, and 
 therefore, if not satisfactory, to examine the party 
 upon oath. Should it appear that the whole of the 
 fund has been applied in good faith to such or similar 
 purposes as those described, though there may have 
 been errors, and, as to the future, there may be need 
 for order or direction, th&re -will be no case of mis- 
 application ; but if all the fund has not been so applied, 
 there will be a discretionary power to enforce restitu- 
 tion ; and in either case the commissioners may, and 
 in the latter probably will, either frame a scheme for 
 the future application of the fund, or direct an appli- 
 cation to the Court of Chancery for the purpose. 
 And so where the original trust appears to have been 
 general, without a discretionary power in the trustees, 
 or with no trustees ; and thus, though a gift to a chapel 
 or college will be simply secured for that institution (a), 
 a general gift for priests, preachers, or the like, wiU 
 require a scheme. If the objects are defined either 
 by the original donation or by a subsequent scheme, 
 the commissioners, even though the trustees have some 
 amount of discretion as to the distribution or applica- 
 tion, the commissioners wiU, exercising their jurisdic- 
 tion as to accounts and inquiries, ascertain whether 
 the trustees have kept within the limits so defined, 
 and, if not, can correct any deviation for the future, 
 by the like order or direction, or by directing applica- 
 tion to chanceiy for it; and in case of any wilful 
 defalcation or corrupt misapplication or loss to the 
 charity through gross neglect, have a discretionary 
 
 (a) Walsh v. Gladstone, Ph. 29. 
 
66 
 
 power of enforcing restitution, under peril of an appli-- 
 cation to the court (a). But no application for this 
 or any other purpose can be made to Chancery without 
 their sanction. 
 
 Where there is a particular foundation or scheme 
 for a charity, it must be followed by the trustees, 
 like those as regards the application of the funds, or 
 the election or appointment of new trustees, or of 
 officers or recipients of the charity, unless varied by 
 the Court of Chancery, the Commissioners of Charities, 
 or Parliament. And though in the absence of any 
 particular provision, usage may be resorted to either 
 to explain or supply the nature of the trust or the 
 mode of appointing trustees,- this can never be 
 admitted against the express, clear terms of the 
 foundation (b). Hence this principle was distinctly 
 recognised in the Grammar Schools Act, the Dis-, ■ 
 senters' Chapels Act, and by the Endowed Schools 
 Act, and Eoman Catholic Charities Act of 1860 (c). 
 
 Very lately the principle has been stated thus : — 
 " In ordinary cases some wiU or deed of foundation 
 or charter of incorporation exists, by referring to 
 which, and ascertaining the meaning of the words used, 
 the question may be determined. In cases where the 
 original deed of foundation has been lost, the intention 
 of the founders must be inferred, as well as it can be, 
 by the practice which has regulated the charity." 
 
 But the application of the principle having led to 
 litigation in the case of Dissenters' chapels, and there 
 being a great deal of controversy as to what dura- 
 tion of usage should be deemed sufficient in the 
 
 (a) At.-G. T. Gladstone, 13 Sim. 7. 
 
 (6) At.-G. T. Mwrdoch, 7 Hare 445 ; 119 L. J., Ch., 3. 
 
 (c) 22 L. J., Ch., 574. 
 
67 
 
 absence of express evidence, an Act was passed, called 
 the Dissenters' Chapels Act (a), which provides that 
 when the deed is silent, twenty-five years' usage shall 
 be decisive. And so the Eoman Catholic Charities 
 Act makes a similar provision as to twenty years' 
 usage, that it shall be conclusive. Apart from those 
 statutes, it was a principle of the courts of equity, 
 that while usage could not lend a sanction to a clear 
 breach of trust (J) ; praftically usage might relieve 
 the trustees from the responsibility for the past; 
 so that if they had followed a usage they would not be 
 deemed guilty of a breach of trust, although as to the 
 future they might be decidedly bound to depart from 
 the usage and adhere to the trust (c) . But these Acts, 
 where they apply, make the nsage decisive as to the 
 trust, only however where there is no deed declar- 
 ing the trust ; when there is, the old principle pre- 
 yails, that usage may protect the trustees as to the. 
 past, though it will not alter the trust. Generally 
 speaking, however, the whole internal management 
 of a charity is left by the court to the trustees or 
 persons acting ia its administration. It is not the 
 practice of the court, after settling a scheme, to retain 
 the administration or the management of the charity ; 
 but the scheme being settled, it is for the trustees to 
 admiaister the charity according to the course 
 approved of by the court (d). And in charity cases the 
 court will withhold its interference in the execution of 
 the trusts, save where such interference is necessary 
 to prevent a breach of trust (e). It has already been 
 
 (a) 7 & 8 Viot. c. 45. 
 
 (b) At.-G. r. Drmmnond, 14 Jnr. 337. 
 
 (c) At.-G. v. Mayor of Rochester, 6 Sim. 223. 
 
 (d) At.-G. V. SoUy, 5 L. J., Ch., 6. 
 
 (e) At.-Q. V. Bosanquet, 11 L. J. Bep., Ch,, 43. 
 
68 
 
 seen that not only does the court respect the juris-- 
 diction of a visitor, but by analogy thereto refrains 
 jfrom interfering in the internal management of a 
 religious or educational charity (a), or indeed of any 
 charity, leaving details to the discretion of the trustees, 
 or of the officers whom they may appoint under 
 their before-mentioned powers of appointment and 
 dismissal. Thus the court never itself distributes 
 the benefit of an endowment to its objects (though 
 it hands over specific gifts to the parties entitled), but 
 appoints the proper parties to do so, and frames a 
 scheme where necessary. 
 
 The Administration of Charities. 
 
 The administration of charitable trusts is left by 
 the Court of Chancery in the hands of the trustees, 
 the court not interfering in the internal management 
 of charities. Questions of administration of a charity 
 refer either to the purposes to which, or to the places 
 within which, the funds are to be applied, or to the 
 disposition of any surplus. As to the purposes, whe- 
 ther as regards the benefits to be administered, or the 
 person or class of persons to be recipients, there can 
 be no change without the sanction of the Court of 
 Chancery, or the Commissioners of Charities, by means 
 of a new scheme. Nor can a trustee for a particular 
 purpose intermix; the fund for that purpose with trust 
 funds for other purposes, and apply the whole in such 
 proportions as he pleases (6) . Nor can the instruc- 
 tion in a school, nor the persons whose children are 
 admitted, be varied, save in the absence of express 
 
 (a) At.-G. V. Slierhoume School, 24 L. J., Ch., 7i. 
 (6) At.-G. T. Ooldsmiths' Company, 0. P. C, 292. 
 
69 
 
 direction, by usage (a). Thus the exhibitions of a 
 free grammar school are confined to the poor boys on 
 the foundation, and cannot be given to the boarders 
 taken by the head-master (6), nor, indeed, can the 
 master always receive boarders, and the Grammar 
 Schools Act carefully provides that even in settling 
 new grammar school schemes, no class of scholars 
 shall be deprived of any right they at present possess. 
 Not only is an application of trust funds to an 
 entirely different purpose a departure from a trust (c), 
 but a substantial variation from it may be so, sup- 
 posing it notexcused by usage, although if the whole 
 of the fund has been applied honestly to the purposes 
 of the charity or of charity, and especially if the trust 
 has been performed, and the question is only as to 
 the application of a surplus (<?), there will be no breach 
 of trust. Thus it is a breach of trust to apply funds 
 for the support of a school chapel, to making it large 
 enough for the parish (e) . So, where a chapel was 
 pulled down, and the burial ground converted to a 
 different purpose. And so, where the trust was for 
 the maintenance of ten poor householders, and the 
 fund was applied to the poor of the parish generally, 
 it would seem that this was no breach of trust, provided 
 ten poor Jiouseholders were relieved. Neither can the 
 place within which the benefits of the charity shoidd 
 be applied be varied without the sanction of the court. 
 
 (a) At.-O. T. Christ School, 1 Jacobs, lii; At.-O. ^. Millard, 
 2 T. &. C. 683; At.-G. v. MoMsfield, 2 Kuss. 50. 
 
 (6) Soh-.-G. T. Both, 18 L. J., Ch., 275. 
 
 (c) In re Manchester College, 22 L. J., Ch., 571. It was long 
 ago held that, if there be an endowment for a priest at one place, 
 to remove him to another would be a breach of trust. Not so to 
 apply the surplus to another place. 
 
 (rf) Expa/rte Gregham, 1 Madd. 92. 
 
 (e) Expa/rte Fowler, 1 Jao. & W, 70. 
 
70 
 
 Thus if a trust be for the 'benefit of a particular town; 
 county, or parish, it must be so applied (a). Thus if 
 the trust is for a town, it cannot be applied only for 
 the benefit of particular parishes (V). On the other 
 hand, if the trust is for poor of a particular parish, it 
 must not be applied in aid of the funds of a charity 
 extending over that and other parishes (c). So closely is 
 this principle adhered to, that where a particular in- 
 stitution, of which there are more than one in the par- 
 ticular town mentioned, is described by its locality, 
 that particular institution alone can benefit by the 
 gift (d). So, where it is for the benefit of the poor 
 or a particular estate (e). Hence, where parishes 
 are divided into districts a necessity arises for the 
 apportionment of the bene fists of the charities for 
 the entire parish (/) ; in which case the same rule 
 of appropriation as to the proportions of the dififerent 
 objects of the charity is to be adhered to in the dis- 
 tricts as in the original parish {g). 
 
 "Where funds are given to trustees to apply as they 
 shall in their discretion think fit for the benefit of a 
 particular town, district, or other place or locality, 
 the court will not interfere with the exercise of that 
 discretion, so far as it is exercised within and for the 
 benefit of such place or locality, and will not enter- 
 tain an information praying for a scheme for the dis- 
 tribution of the charity benefits within suchlocality (A). 
 
 (a) At.-G. T. Lonsdale, 1 Sim. 105; In re Upton Warren, 
 1 My. & K. 410. 
 
 (6) At.-6. v. Mayor of Socheiter, 6 Sim. 273, 
 
 (c) At.-6. T. Brandreth, 1 Y. & C. 200. 
 
 (d) WUscm v. Squwe, 1 T. & C. 654. 
 
 (e) Bi-islowe v. Bristowe, 5 Beav. 289, 
 
 (/) Westham Charities, 2 De Gex & Smale, 218, 
 ig) In re Lambeth Charities, 22 L. J., Ch., 959. 
 (7i) At.-6. T. Oaakell, 9 L. J., Ch., 188. 
 
71 
 
 But, on the oilier hand, the rules of chancery are 
 somewhat strict as to the extension of the benefits of 
 a charity beyond the limits of the particular locality 
 to which it is limited by the trust (a), unless the 
 funds prove more than adequate for the fully satis- 
 fying its claims, when there may be a new scheme for 
 the extension of the charity, on the express principle. 
 Thus, where a chapel had been granted to trustees of 
 a school for the sake of thetschool, and the inhabitants 
 of the hamlet had been long accustomed to attend the 
 performance of divine service there, it was held, with 
 reference to its history and the particular language of 
 the instruments, that as the chapel was not for the 
 accommodation of the hamlet, but the school, the 
 trustees had no right to apply the revenues of the 
 charity in enlarging the chapel for the accommodation 
 of the inhabitants of the hamlet. But that was a 
 case of a Church of England charity, there being of 
 course a parish church ; and the application of the 
 case to a Eoman Catholic or Dissenting college or 
 school woilld depend no doubt upon the circumstances. 
 Moreover, it did not appear that the funds were more 
 than BufB-cient for all the purposes of the school. 
 
 With respect to parochial charities, a difficult 
 question often arises as to their apportionment, when 
 the parishes have been divided into separate parishes 
 or districts. An Act of Parliament (b) gave the 
 Court of Chancery a discretionary power to direct an 
 apportionment of charitable gifts in such cases, be- 
 tween the new district and the remaining portion of the 
 parish (c). Under the 22ad section of the 8 & 9 Vict. 
 
 (a) At.-G. V. TU Earl of UwnsfieU, 2 KnsseU's Ch. Eep. 50. 
 
 (6) At.-Q. V. BaJim,, ISBeav. 141. 
 
 if) 8 & 9 Vict. c. 70, s. 22. It has been held that, in applica- 
 
72 
 
 c, 70, the court has a discretion whether or not to 
 direct an apportionment of charitahle gifts made for 
 the benefit of a parish, between a district parish and 
 the remaining part of the parish, and it is not impe- 
 rative on the court to make such apportionment. 
 Another Charitable Trusts (Amendment) Act, of 
 1855, contains a provision that in respect of all cha- 
 rities, the gross annual income whereof does not ex- 
 ceed thirty pounds, the board may make the appor- 
 tionment (a). As to charities above that amount, the 
 board must sanction an application to chancery. 
 
 Notwithstanding the strictness of the rule of Chan- 
 cery as to the application of charities exclusively for 
 the benefit of the localities for which they were in- 
 tended to be established, it is open to the court, upon 
 a large and liberal construction of the deed or instru- 
 
 tions under this Act, -which might he made under Komilly's Act, 
 It was not necessary to allege any abuses in the past or present 
 management of the charities. — West Mam Charities, 2 De Gex & 
 Smale, 218. 
 
 (a) As where a testator bequeathed a sum of money to he em- 
 ployed for the good and benefit of the poor of the tovm of Kensington 
 for ever, in such manner as A. and B. and the churchwardens 
 of the said parish of Kensington should think fit to establish, it 
 appeared that there was a place called the town of Kensington, but 
 that such place had not any known or defined metes or bounds, and 
 that there was no municipal corporate town or market town in the 
 palish of Kensington. It Appeared, also, that the rents had been 
 always applied for the benefit of the poor of Kensington pajosh 
 generally, and that, in all the deeds relating to the property, no 
 distinction had been made between town and parish ; and it wag 
 held, that the trust was for the benefit of the parish of Kensington 
 generally, and not for any particular part of it. 
 
 Where the bequest is to trustees for the benefit of the poor of 
 a parish, and a separate body of trustees had for about 200 years 
 (with some slight exceptions) managed the property and applied the 
 rents, it is held, that, notwithstanding this separate management, 
 the charity came within the 22nd section of the 8 & 9 Vict. o. 70, 
 and was apportionable between a district parish and the remainder 
 of the parish : Hx parte Iruni/mbent ami Chwchwa/rdens of 
 Mroin^ton, 22 L. J., Ch,, 281. 
 
73 
 
 ment of foundation (aided by a consideration of all 
 the circumstances of the times), to judge whether the 
 benefit of the particular locality was the sole or even 
 the principal object of the foundation ; and if not, as, 
 for example, if the main object appears to have been 
 of a general character, as the supply of ministers for 
 a particular religious sect or church, then the mere 
 fact that the charity was originally located at a 
 particular place will nolf preclude the court from 
 removing it to another, even upon petition under 
 Eomilly's Act (a). 
 
 With regard to any surplus, the question as to its 
 disposition may arise, either as regards the right of 
 different objects or charities to it, or the claims of the 
 trustees to a beneficial ownership. And it may arise 
 either as to the fund or estate, as originally taken, or 
 as to any subsequent increase of the proceeds. 
 
 Taking the case first as regards claims of different 
 objects or charities : it may arise either as to the 
 shares or proportions to be allotted to each object, 
 or as to a surplus undisposed of. If it arises ia the 
 first way, the general rule- is that the objects, in the 
 absence of specific appropriation or apportionment, 
 take equally (J), and the court, on petition under 
 EomiUy's Act, by way of " relief, order, or direction," 
 can declare the proportions ; or the Commissioners, 
 or the County Courts, or the Chancery Judges at 
 
 (a) In re Mamcheater College, 22 L. J., Ch. (N. S.), 571. There 
 the object was the training up of mlnistera for the Protestant 
 Dissenters, and with that view a college was to be founded at 
 Manchester. Bat the Master of the Eolla held that the place was 
 not one of the main fundamental objects of the charity, hut acces- 
 sory only, and so he sanctioned the removal of the college to 
 another place. 
 
 (b) In re HalV$ Charity, 14 Beav. 115. 
 
74 
 
 chambers, can do so. If it arises as to the original 
 fund, the testator or donor not having disposed of the 
 whole of it by residuary dispositions or otherwise, 
 and there appearing to be an undisposed-of surplus,, 
 as to which there are no specific directions, and no in- 
 tention of personal benefit to the trustees or donees, 
 the surplus will either be disposed of under a new 
 scheme for the charitable objects mentioned (a), or, in 
 certain cases, may go to the heir or next of kin (S). 
 
 In the former class of cases, there may be a qaea- 
 tion whether the court or the commissioners are 
 authorised to frame the scheme, or must direct an 
 application to Parliament for the purpose (c) ; as to 
 which the principle is thus laid down. When the 
 question arises between difierent charitable objects,' 
 as to a subsequent increase of the rents, &c., the 
 general principle as to the allotment of the increase,' 
 where aU the objects are specified, is, that where a 
 specific fund is given to one charity, and the residue 
 to the others, the latter have the increase (d) ; but 
 where there is a common fund for aU the objects, or 
 specific gifts to each, exhausting originally the whole, 
 then aU share alike in the increase ; though if spe- 
 cific property is given to each, then of course each 
 takes alone the increase of its own property. In the 
 case of increase no question can arise as to a claim 
 of the trustees to a share of it beneficially, unless 
 they had some beneficial interest in the origmal 
 disposition, whether by way of residue or other- 
 
 (o) At.-a. T. HoUcmd, 2 Y. & C. 683. 
 
 (5) At.-G. V. Wilson, 3M. & K. 362. 
 
 (c) In re Shrewshwy Qrammwr School, 1 Macn. & Gord. 324, 
 19 L. J., Ch., 207. 
 
 (0) At.-G. V. SoUy, 5 L. J., Ch. (N. S.); At.-G. v. Ooopei's 
 Compamy, 3 Beav. 27. 
 
75 
 
 wise (as) ; andwtere the trustee or donee is one of the 
 objects of the charity, and is himself administrator, he 
 cannot retain an increase, unless he has it by way 
 of residue ; specific sums being allotted to the other 
 objects, and the residue to himself (6). Where 
 there is no specific appropriation, the objects of the 
 charity will take equally ; and where the gift is to the 
 repair of a church, the relief of the poor, and other 
 things needful for a paAicular parish, at the dis- 
 cretion of the trustees, this discretionary power wiU 
 only apply to the distribution of the share coming 
 to the last-mentioned object; but each is equally 
 entitled (c). It is otherwise in cases where the 
 trustee has a general discretion. 
 
 The court has jurisdiction to extend the application 
 of the income of a charity beyond the mere literally 
 expressed intentions of the testator, provided the 
 income be applied to subjects connected with that 
 intention {d). But where a gift or bequest is made 
 esscliisively for a specific charitable purpose, and the 
 fund is more than sufficient for satisfying that pur- 
 pose, the court or board has no jurisdiction over the 
 surplus, nor can it be disposed of by the crown under 
 the sign manual; but application must he made to 
 the legislature for its disposition by special Act of 
 Parliament (e). Hence, under the Charitable Trusts 
 Act, it is provided that, where a new scheme appears 
 to the board desirable, and it is doubtful whether it 
 
 (a) At.-O. v. ChrUCa Hospital, 4 Beav. 75. 
 (6) At.-G. T. TufneU, 12 Beav. 35. 
 
 (c) In re HaWs Charity, 14 Beav. 115. 
 
 (d) At.-0. V. Dixee, 2 Mylne & Keen's E«p. 342. 
 
 (e) At.-Q. V. The Irmmongeri Convpamy, 2 Mylne & Keen, 
 576. 
 
 b2 
 
76 
 
 can be carried out by tbe court or board, the board, 
 may approve a scheme for sanction by Parliament (a). 
 When the Court of Chancery is called upon to vary 
 or direct the application of a charitable fund, either 
 through failure of object, generality of trust, or 
 increase of the fund, or other alteration of circum- 
 stances, it does BO upon what is called the cypres 
 principle ; that is, the principle of executing the 
 trust as nearly as possible to the intentions of the 
 founder or donor. The application of this principle 
 it never allows to the trustees, but reserves to itself; 
 and whether the necessity for variation or alteration 
 may arise originally in the very terms of the founda- 
 tion, or subsequently, it is the name principle which is 
 applied, — to keep as closely as possible to the ex- 
 pressed or implied intention of the donor. Thus, if 
 the necessity arose originally from the generality of 
 his directions, they will be adhered to as far as they 
 can be discerned (J). Thus, if a gift generally is 
 for a " school," it can only be applied to a school ; but 
 if for a schoolmaster, it may be applied in founding a 
 school. If a gift is for the purposes of a school, it 
 cannot be applied to purposes parochial, as to enlarge 
 the school chapel for the use of the parishioners, (c) 
 but, as already mentioned, a trust for the relief of the 
 
 (a) S. 54 and followiDg sections. Divers schemes have been so 
 prepared by the commissioners and sanctioned by Parliament : 
 as the Dulwich College Scheme (20 & 21 Vict. c. 84) ; the 
 Polkstone Charity (21 & 22 Vict. o. 29) ; the Bristol Charities 
 (21 & 22 Vict. c. 31); the Swineshead Charity (21 & 22 Vict. 
 0. 81) ; the Bath Hospital (19 & 20 Viet. c. 45) ; the Monlton 
 School (19 & 20 Vict. c. 53); the Stoke Pogis Hospital (19 & 20 
 Vict. c. 111). 
 
 (J) See the recent case of PhUpoU v. St. Georges Hospital, 28 
 L. J., Ch., 657. 
 
 (c) At.-G. v. Mamafidd, 2 Euss. 80. 
 
77 
 
 poor compriaes their education (a). So, if the fund is 
 for a school in a particular district, and becomes im- 
 possible there, it will depend upon ■whether the 
 intention of the testator was to benefit that district, 
 or merely to promote education, whether the school 
 will be established anywhere else, or some other 
 charity established for the district (b). 
 
 "When the question arises as to an increase in the 
 funds of a charity, the rule, as already elucidated, is, 
 as far as possible, to apply the increase equally to all 
 the objects, or (supposing it a common fund) to as 
 many of them as possible (c) ; thus, if the endow- 
 ment be for support of a school and other charitable 
 purposes, and the school requires no further support, 
 the whole increase goes to the other purposes (rf) ; and 
 so, if the fund was for a purpose which has failed and 
 other purposes, the fund should be applied to the 
 other purposes (e). 
 
 Where it is possible to follow the directions of the 
 testator, they will be adhered to ; and charities can- 
 not be confused (/"), nor one charity converted into 
 another (ff), without the leave and sanction of the 
 court, upon proved necessity ; but if it be difficult or 
 doubtful which of two charities is entitled, the court 
 wUl admit both (h). So, where from any reason the 
 literal performance of the trust becomes impossible, 
 the court will direct what is a substantial performance. 
 
 (a) WilMnson v. Malim, 2 C. J. 636. 
 (6) At.-G. V. eiyrm, 12 Sim. 84. 
 
 (c) In re Mwrlborough School, 13 L. J, Ch., 3. 
 
 (d) At..G. V. Tuffndl, 12 BeaT. 35. 
 
 (e) At.-Q. V. Ironmongers' Compam/, 10 CI. & F. 908. 
 (/) At.-G. T. GoUsmid, C. P. C, 292. 
 
 (jr) In re Reading Dispensary, 11 Sim. 118. 
 (A) BeimeU v. Hayter, 2 Beav. 81. 
 
78 
 
 and such a performance, even without that sanc- 
 tion, would never be deemed a breach of trust so 
 as to incur restitution for the past ; however, it might 
 be deemed an error, and be set right by such direction 
 as to the future (a). "Where there was a charity for 
 the poor of the parish, and also for the relief of way- 
 fares, it was held that the increase of the funds should 
 be applied to both objects (J). So, where the objects 
 were schools and pensions, it was held that loth must 
 be carried out (c). 
 
 When the question arises whether the trustee or 
 donee is entitled beneficially to a residue, overplus, 
 or surplus, it must depend, first, upon the original 
 donation ; for if by that he takes no beneficial 
 interest, he can have none in any subsequent increase 
 of the rents. And the question is always one of con- 
 struction as to the intention of the donor or testator, 
 as expressed or indicated by the terms employed, and 
 the position or character of the donee. The general 
 principle is, that if a fund or an estate is given to 
 donee generally, for a charity or charitable purpose, 
 the whole of the fund or the rents must be applied 
 thereto. On the same principle, if the donor, after 
 thus giving the whole for a charitable purpose or 
 purposes, goes on to apportion the whole fund among 
 them, but does it so as not to exhaust the whole, 
 still, the general intention being clear, the actually 
 remaining surplus would be so applied. Whether the 
 
 (a) At.-O. V. Vint, 19 L. J., CH., 150. In that case there was 
 a gift of porter to the poor in a 'workhoiise, and it was not admis- 
 sible by the regulations ; it was referred to the vicar to distribute 
 the gift as he should judge best. 
 
 (5) Ai.-O. V. OorporaJioK of Rochester, 5 De Gex, Mac. & Gord 
 797. 
 
 (c) In re Lamheth ChariUea, 22 L, J., Ch., 959. 
 
79 
 
 same principle would apply in the case of a general 
 gift or bequest, with an implied trust, by way of 
 request, out of the fund to secure a certain charitable 
 purpose, not saying to what extent, whether in such 
 case the donee would have a right to retain the residue 
 after satisfying to some extent that purpose, would 
 depend upon the intention to confer a personal and 
 beneficial interest, as to which much would depend on 
 whether there was any spgtific gift or bequest to the 
 trustee, which of course would tend to rebut the in- 
 ference of a beneficial gift of the residue, or whether 
 there is a gift of the residue to the trustee. And if the 
 gift of the whole or the residue is to a person in 
 particular character or office, negativing the idea of 
 personal benefit otherwise than as a remuneration for 
 service in the exercise of its functions, then (except to 
 the extent of such remuneration) it will not be con- 
 strued as a beneficial gift. Thus a specific bequest to 
 an executor is understood to be for his own benefit ; 
 but a bequest of residue is generally understood as 
 made to him not for his own benefit, but for the 
 purposes for which he would hold the general per- 
 sonal estate, i. e., for the next of kin (a). Thus, even 
 on a general bequest of all to executors, with specific 
 legacies, they do not take the residue for their own 
 benefit (i). And on a bequest of specific property 
 to certain purposes, and the residue to executors for 
 charitable uses, with legacies to them, if the specific 
 property produces a surplus beyond the purposes to 
 ' which it was bequeathed, that would go to the next 
 of kin (c). 
 
 (a) Smith v. Barney, 2 K. Prop. Cases, 262. 
 
 (i) iowe V. Gaze, 8 Beav. 472. 
 
 (c) Ruiiell v. CUneee, 2 R. Prop. Cases, 232. 
 
80 
 
 Where, however, there is any sum or estate, or 
 annual sum, given to donee, not saying as to all, 
 for a particular purpose, but specific sums or portions, 
 are applied to particular charitable purposes, and 
 there is a residue which the donee holds, that is 
 deemed an evidence of an intention that the surplus 
 should belong to the donee ; but it is only evidence 
 of that intention, and is liable to be repelled by any 
 other circumstances in the case (o). If the donees and 
 trustees are themselves parties to whom a gift would 
 be charitable, or are themselves to perform services in 
 carrying out the charitable object, but have no specific 
 bequest, the inference wiU of course be stronger 
 that they are to have the residue undisposed of. 
 Thus where sums of money are given to charities 
 and the surplus, expressly or impliedly, to the donee, 
 with an evident intention to give him a beneficial 
 interest, he takes the surplus (S) . And where the 
 testator or donor does not give the whole generally 
 for a charity, or with an implied bequest generally for 
 a charitable purpose (which would amount to the 
 same thing), but gives a specific part for the charity, 
 and the residue to the donee, of course the donee 
 takes the residue beneficially (c). And if lands or 
 goods are given to a person, subject to specific 
 charges, the residue belongs to him (rf) . 
 
 If a fund is given for the support of the person 
 who shall fill a particular office, as priest, scheol- 
 
 (a) At.-G. V. Mercers' Gompwmj, 2 Bligh, N. S. 165. 
 
 (6) At.-Q. T. Brazermose College, 2 CI. & Fin. 295; At.-G. v. 
 Smythies, 2 K. & M. 717 ; At.-O. v. Mayor of Bristol, 2 J. & W. 
 294. 
 
 (c) At.-G. V. South Molton, 23 L. J., Ch., 667. 
 
 (d) At.-O. v. Dean of Windsor, 27 L. J., Ch., 320. 
 
81 
 
 master, Ac, and not for his individual benefit merely, 
 but for securing the performance of hia duties con- 
 nected with the object of religion or charity -which 
 the donor had in view, if the revenues increase so as 
 to exceed a reasonable compensation for the duties, 
 the surplus must be applied to other charitable pur- 
 poses, if any other are indicated by the gift or be- 
 quest (a) ; if not, there may be a question whether 
 the surplus wUl go to tMfe heir, next of kin, or resi- 
 duary legatee. But if, in such latter case, there be 
 enough to raise a presumption of intention that the 
 whole income shall go to the priest or the school- 
 master, then it will be so decided (5). 
 
 Within the limits of the trust, its administration and 
 internal management are left to the trustees, subject 
 only to the control of the Court of Chancery in case 
 of breach, or error, and the ancillary jurisdiction of the 
 Commissioners of Charities. 
 
 With regard to the recipients of the benefits of a 
 charity, their rights, as cestuis que trust, are under 
 the care and protection of the Court of Chancery, 
 and it is in their regard that the helping powers of the 
 
 (a) As, where property was given to a Bohoolmaster to be applied 
 partly for the support of a school, and partly for other specified 
 charitable purposes ; and no intention could be presumed of giving 
 individual benefit to the person filling the office of schoolmaster, 
 the surplus income having increased beyond the extent of a reason- 
 able compensation for the schoolmaster's duties, the court directed 
 the surplus to be applied to the other charitable purposes : At.-G. 
 V. The Master of Brentford School, 1 Mylne & Keen, 377. But 
 it might have been otherwise had not the testator indicated other 
 charitable purposes. 
 
 Of) As where there was a codicil to give an additional income to 
 the schoolmaster of a school founded by the will ; this was held to 
 afford such a presumption of intention that the whole of the pre- 
 viously devised income should go to him : At.-Q. v. Wilson, 
 3 Mylne & Keen, 362. 
 
 X 3 
 
82 
 
 Commissioners of Charities are likely to be most use- 
 ful, especially in cases of small parochial or other 
 eleemosynary charities for the benefit of the poor, 
 the sick, the aged, or the infirm, whose position is 
 such as not to admit of any other than an easy and a 
 speedy remedy. Whether their claim is to admission 
 to the rights of asylums, almshouses, or the like, 
 either as inmates or out-door recipients ; or whether, 
 being inmates or recipients, their claim is to increased 
 benefits or allowances (a) ; they have an easy and a 
 speedy remedy in the way of a simple letter to 
 the Commissioners of Charities (J). So, in a great 
 variety of parochial charities, as where church- 
 wardens, on the part of the parish, receive the 
 rents of lands for the use of the poor on special trusts, - 
 or have cottages in which poor persons are to be 
 permitted to live rent free (c) ; or cases in which 
 rectors or vicars and churchwardens have alms to 
 distribute. In cases where the churchwardens have 
 lands or houses upon special trusts for relief of 
 poor persons, they are not parish property available 
 for the union, the very object of the Act of Par- 
 liament vesting lands for parish charities in the 
 churchwardens being to prevent that. 
 
 (o) As in the case of the Rngby Charity, where there was an 
 attempt made by mandamus to compel the payment of increased 
 alms to claimants on the fands ; but, of course, the claim being 
 only equitable the suit was refused, though the applicants were 
 at an advanced age, and would probably be dead before relief 
 could be had in Chancery; Ex parte Rugby Cha/rity Trustees, 
 9 D & R. 214. 
 
 (6) See post, p. 112, practical directions as to the application for 
 advice. It should be in plain writing, on foolscap paper (with a 
 large margin), headed ia the name bf the charity, and addressed 
 to the Commissioners of Charities. 
 
 (c) Rumhall v. MvMt, 8 Q. B. Rep., 394, vide amte, p. 13. 
 
83 
 
 As to the riglits of inmates of chartered hospitals 
 they are legal, and in some eases amount to freehold 
 interests (a), but there wUl generally be some power 
 in the trustees or governors to expel them for mis- 
 conduct, in aid of which the Charitable Trusts Act of 
 1855 contains a useful provision, that in case they 
 are so lawfully deprived there shall be a summary 
 power of expulsion from any houses or rooms they 
 may have occupied as recipients of the charity. 
 
 With regard to the recipients or objects of a charity, 
 the rule of law has lately been well illustrated. In 
 the administration of charities, where the intention of 
 the donor or founder is defined distinctly, of course 
 it is followed, and any necessary alteration of it can 
 be obtained only in chancery, through the advice of 
 the Commissioners of Charities. Where the intention 
 of the donor is not clearly defined, or where deeds 
 are lost, and the object unknown or uncertain, the 
 religion of the founder wUl be considered as an index 
 of intention, if the foundation is ecclesiastical, but 
 not so implicitly if it be educational, and still less so 
 if it is eleemosynary. In educational charities, how- 
 ever, the tenets of the founder will be considered, 
 if any doubtful directions have been given as to 
 religious instruction, and thus the Courts of Chancery 
 have allowed, according to usage, Dissenters' children 
 to partake in the general benefits of Church of 
 England Schools (5), a subject now regulated by Act 
 of Parliament upon the same principle, by Lord 
 Chelmsford's Act (c). In eleemosynary charities, the 
 
 (a) Simpson v. WiUamson, 7 Man. & Qr. 60; Davis v. Wad- 
 dington, ibid. 37. 
 
 (J) In re Ilmmster School, 27 L. J., Ch., 496. 
 (c) 23 & 24 Viet. .;. 11. 
 
84 
 
 founder's opinions are not regarded ; and even if tlie 
 power of selecting objects is given to an incumbent 
 of the Church of England, that will not necessarily 
 confine the benefits of the charity to members of the 
 Established Church (a). If any doubt arises on this 
 head, the proper course is to apply to the commis- 
 sioners for their advice and direction, and they can, if 
 necessary, sanction an application to the court. 
 
 There is a clause in the Charitable Trusts Act which 
 has special reference to. endowed schools, providing 
 that " nothing shall diminish or detract from any 
 right or privilege which by any rule or practice of 
 the Court of Chancery, or by construction of law, 
 now subsists for the preference or the exclusive or 
 special benefit of the Church of England, or the mem- 
 bers of the same Church, in settling any scheme for 
 the regulation of any charity, or the appointment or 
 removal of trustees, or generally in the application or 
 management of any charity." (s. 46.) This rule or 
 construction of law only applies where there is anything 
 in the foundation to restrict its benefits to the mem- 
 bers of the Church of England ; if there is not, trustees 
 need not be members of that Church (5) ; or if the 
 usage has been to admit Dissenters, and there is 
 nothing in the deed against it (e) . But if there is 
 anything to indicate it, then, though the children of 
 Dissenters may be admissible, either by usage or by 
 the recent statute, the religious teaching must be that 
 of the Church of England, and the trustees and 
 teachers must be members of that Church (d). And 
 
 (a) At.-G. V. Calvert, 26 L. J., Ch., 682. 
 
 (b) Re Normch Charities, 2 Mylne & Keen, 275. 
 (4 At.-G. V. Bishop of Worcester, 9 Hare, 328. 
 (d) At.-Q. T. Cullvm, 1 T. & C. (N. S.) 411. 
 
85 
 
 accordinglj, although by the Endowed Schools Act, 
 1860, it is provided that : — 
 
 " It shall be lawful for the trustees or governors 
 of every endowed school from time to time to make, 
 and they shall be bound to make, such orders as, 
 whilst they shall not interfere with the reUgioua 
 teaching of the other scholars as now fixed by statute 
 or other legal requirement, and shall not authorise 
 any religious teaching rfther than that previously 
 aflporded in the school, shall nevertheless provide 
 for admitting to the benefits of the school the chil- 
 dren of parents not in communion with the church, 
 sect, or denomination according to the doctrines or 
 formularies of which religious instruction is to be 
 afibrded under the endowment of the said school : 
 •provided, that in the will or mils, deed or deeds, or other 
 instrument or instruments regulating such endow- 
 ment, nothing he contained expressly requiring the 
 children ediicated under such endowment to learn or to 
 he instructed according to the doctrines or formularieg 
 of such church, sect, or denomination — " 
 
 Tet this Act leaves untouched the rule that the 
 trustees in such cases must be members of the Church 
 of England ; and the Act does not apply to any of 
 the institutions mentioned in the Act 3 & 4 Vict. c. 77, 
 "An Act for improving the condition and extending the 
 henefts of Grammar Schools, nor to any school estab- 
 lished or to be established by or in union with or to 
 be in union with the national society for promoting the 
 education of the poor in the principles of the Estab- 
 lished Church, nor to any institution maintained 
 wholly by voluntary subscriptions, or partly by volun- 
 tary subscriptions and partly by school payments.'' 
 Which proviso excludes the poor schools established 
 
86 
 
 with the aid of grants from the Privy Council for (lif- 
 erent religious bodies ; and which by the acceptance of 
 such grants, and the trust deeds, are placed under the 
 control of the Court of Chancery, though, unless en- 
 dowed, they are not under the jurisdiction of the 
 Commissioners of Charities. If endowed they are so, 
 quoad their endowments, and, of course, to ascertain 
 their endowments they must supply aoeotmts. 
 
 The internal management of charities having visitors 
 is a matter for their jurisdiction, which within its 
 scope is final and conclusive (a). On a principle 
 analogous to that which precludes the intervention 
 of the court in the internal management of a corpo- 
 rate charity which has visitors (J), the court abstains 
 from interference in the internal regulation or con- 
 duct of any religious or educational charity, corpo- 
 rate or incorporate, as a chapel or a school. For reli- 
 gious charities (and all schools are more or less deemed 
 to be religious), are always supposed to be under some 
 system of visitation, episcopal or otherwise ; and the 
 jurisdiction of the court is exercised in such cases 
 only to secure the due application of the funds by 
 or subject to the control of the proper parties to 
 exercise that visitation. The master of a grammar 
 school, as well as the incumbent of a Church of 
 England chapel, must be licensed by his bishop ; 
 and so of similar offices in charities of the Churches 
 of Scotland or of Home ; and as to Dissenting 
 bodies, as the Wesleyans, having a general system of 
 discipline ; while as to others, the congregational 
 system of control is equally recognised (c). Thus the 
 
 (a) At.-O.M.Srm/lhies, 1 Keen, 289 ; At.-G.v. CVooi, 1 Keen, 12i; 
 (6) In re Warrwick School, 14 L. J., Ch., 338. 
 (c) At.-0. v. Aked, 7 Sim., 321. 
 
87 
 
 court leaves it to these authorities to see that the 
 duties of such offices are discharged, taking care that, 
 if not so discharged, the parties shall not be permitted 
 to enjoy the profits of their offices, and so defeat the 
 object of the trust. 
 
 The general principle which describes the jurisdic- 
 tion of Chancery in all cases, indeed, is, that it 
 does not interfere in the internal management of a 
 charity. * 
 
 "With regard to the dismissal or removal of officers 
 or functionaries of charities, as masters of schools or 
 ministers of chapels, they being at once in the posi- 
 tion of recipients and administrators of the benefits 
 of the charity, it is only under the jm-isdiction of the 
 Court of Chancery by way of control. 
 
 In order to enable the trustees to ensure the due 
 adherence to the objects of the trust or foundation, 
 they have, either expressly or by necessary implication, 
 the power of appointing and removing officers or reci- 
 pients of the charity, as masters, ministers, &c. The 
 right of nomination, presentation, or election, is gene- 
 rally, either as regards the parties entitled to appoint 
 or the parties appointed, a legal right (as), and 
 the Commissioners have no control over suits at 
 law. Where the relation of trustee and cestui que 
 trust exists, the application must be to Chancery (5), 
 and by their sanction. Where the party was wrong- 
 fuUyappointed and is in possession, it is usually a mere 
 legal question ; where he was rightly appointed, but 
 does not carry out the trust, it is a question for the 
 Court of Chancery (c). The mere right of dismissal 
 
 (a) R. T. Kendcai, 1 Q. B., 366. 
 
 (6) In re (Mm, VUwrage, 18 L. J., 2 B., 312. 
 
 (c) R. v. MotUy, 17 L. J., Ch., 446, 2 De Gex. & S., 398. 
 
or removal is generally a legal question, but it is 
 always under tlie control of chancery, whicli makes 
 its great object the due administration of the chwrity. 
 
 Even in the case of the master of a free grammar 
 school, who has a freehold in his office (a), he may be 
 dismissed for misconduct,usually by express provisions 
 in the foundation (i). If he is not a freeholder the 
 power of appointment or removal is in the majority 
 of the trustees (c) ; but even where there is a power 
 of removal at discretion, the Court of Chancery 
 exercises a control, and sees that the discretion is 
 not exercised arbitrarily, or so as to defeat the objects 
 of the charity {S) ; but as this is often a matter 
 of difficulty, special provision is made both in the 
 Gframmar Schools Act and the Charitable Trusts 
 Act, as to masters of endowed schools, and in the 
 latter Act as to all other officers. 
 
 "Where the master or minister has not a freehold 
 office, the power of dismissing him depends on the 
 terms of the foundation, or the terms of his engage- 
 ment, and he may be dismissed on such notice or for 
 such cause consistent with those terms, as the majo- 
 rity of the trustees thiak fit (e) ; and as to ministers 
 of Dissentiag chapels, merely allowed or engaged by 
 trustees to preach, &c., they have no estate nor title 
 beyond what may be created by the terms of their 
 engagement, and can be dismissed for such cause as 
 the trustees or congregation think just (/). Chapelg 
 
 (o) Chipping Sodhv/ry School, 8, L. J., Ch., 13. 
 (6) R. V. DarUngton School, 6 Q. B. Rep. 682. 
 ■(c) Wilkmson v. Malins, 2 0. & J., 636. 
 
 (d) Willis V. ChUd, 20 L. J., Ch., 113. 
 
 (e) Wilhinson v. Mcdim, 2 Crompton. & Jervis, 636 ; Brown 
 V. Dawson, 12 A. & E. 624. 
 
 (/) Doe T. Jones, 10 B. & C, 713 ; Perry v. Shimmy, 28 L. J., 
 Oh., 6.60. 
 
89 
 
 of Dissenters are not within the Trusts Act, but en- 
 dowments for the support of ministers are, and the 
 commissioners therefore have jurisdiction. 
 
 "With regard to the Churches of England, Scotland, 
 and Erome, assuming that the right parties have nomi- 
 nated, if the minister is or has become disqualified by 
 the sentence of his spiritual superior, or by refusal of 
 his licence or "faculties," the Court of Chancery will 
 not allow him to retain possession of his office, or the 
 trust would thereby be defeated. The application to 
 remove him must be made to that court, with the 
 sanction of the commissioners, and in adjudicating 
 upon it the court will not enter into the merits or 
 demerits of the religious question at issue between 
 the priest or preacher and his superiors, but will 
 treat it as a question of fact, whether, according to. 
 the usage and discipline. 
 
 Under the Poor Schools Act (a) provisions are 
 made for poor schools, in respect to the masters and 
 mistresses, somewhat analogous to those made in the 
 Grammar Schools Act as to grammar schools. 
 
 " No schoolmaster or schoolmistress to be appointed 
 to any school erected upon land conveyed under the 
 powers of this Act shall be deemed to have acquired 
 an interest for life by virtue of such appointment, but 
 shall, in default of any specific engagement, hold his 
 office at the discretion of the trustees of the said 
 school." Sect. 17. 
 
 " Justices of the peace or sheriff's to give possession 
 of schoolrooms, &c., in case of the refusal of the 
 master." Sect. 18. 
 
 "With respect to schools receiving aid from the 
 
 (o) 4 & 5 Viet. 0. 38. 
 
90 
 
 Committee of Privy Council for Education, the trust 
 deed provides fully for their regulation, under what is 
 called " the management clause " of that deed, in 
 accordance with the principles already stated, vest- 
 ing the management of the religious instruction in 
 the clergyman of the parish, if a Church of England 
 school ; or of the priest of the chapel, if a Eoman 
 Catholic school ; or of the minister and members of 
 the congregation if a Dissenting school ; and vesting 
 the management in all other respects in a committee 
 of management, establishing a kind of joint direct 
 visitatorial jurisdiction in the crown as to secular 
 instruction and moral conduct, in the bishops, &c., as to 
 religious belief or instruction. The Charitable Trusts 
 Act contains exemptions of chapels, so that its provi- 
 sions cannot be applied to dismissal of the ministers 
 of chapels, and even as to the Catholic chapels 
 which are not exempted, well established principles 
 of equity would preclude any dismissal save by the 
 proper ecclesiastical authorities. And though there is 
 a provision in the Act, that if any question or dispute 
 ahaU arise among the members of any charity (ex- 
 empted from the operation of the Act or not) in relation 
 to any officer, or the fitness or disqualification of any 
 trustee or officer, or his election or removal (a), or 
 generally in relation to the management of the charity, 
 two-thirds of the members present at any special 
 meeting, &c., may refer such question or dispute to 
 the arbitration ■ of the commissioners, — this can- 
 not refer to chapel charities, for reasons already 
 explained (6). 
 
 (a) Sect. 64. 
 
 (i) Vide ante, p. 86. 
 
91 
 
 Where there is an endowment for the support of a 
 chapel or school for religious worship or instruction, 
 according to the doctrines or usages of a particular 
 religious body, no others are eligible to be teachers 
 of the school, or preachers of the chapel, but such as 
 are members of that religious body, and if the 
 worship or instruction is to be that of any particular 
 Church, then no preacher or teacher can be eligible 
 for the office of pastor who is not licensed by that 
 church, and recognised as in fuU communion with 
 it (a), and any one excluded from such communion 
 will be removed by the Court of Chancery. The 
 same principle, of course, would apply to a Eoman 
 Catholic priest suspended or deprived, not to say ex- 
 communicated, who, independently of any particular 
 body of canons, might be proved by any bishop or 
 ecclesiastical superior of the Eoman Catholic Church, 
 to be not in communion with it, or not competent to 
 administer the rights or sacraments of that church (S) . 
 
 Dissenters' chapels, being under congregational 
 management, are regulated imder the Dissenters' 
 Chapels Act, which applies, it wiU be observed, not 
 merely to the chapels (excluded from the Charitable 
 Trusts Act), but the endowments thereof, or for the 
 miiiisters,_which are not excluded. That Act provides 
 " That so far as no particular religious doctrines or 
 opinions, or mode of regulating worship, shaU on the 
 face of the wUl, deed, or other instrument declaring 
 the trusts of any meeting house for the worship of 
 
 (a) At.-O. v. Mwrdoch, 1 De flex, Macn. & Gord, 86 ; 
 At.-G. y. Mwvro, 2 De Gex & Smale, 122. 
 
 (5) Just as Dr. Wiseman was examined before the Lords in the 
 Sussex Peerage Case (11 CI. & Fin., 86) on a question of Bomau 
 law, as a matter of fact. And see R. v. Howell, 1 C. & K., 689. 
 
92 
 
 God by persons dissenting, either in express terms, 
 or by reference to some book or otter document as 
 containing such doctrines or opinions or mode of 
 regulating worship, be required to be taught or 
 observed, or be forbidden to be taught or observed 
 therein, the usage for twenty-five years immediately 
 preceding any suit relating to such meeting house of 
 the congregation frequenting the same shall be taken 
 as conclusive evidence that such religious doctrines 
 or opinions or mode of worship as have for such 
 period been taught or observed in such meeting 
 house may properly be taught or observed in such 
 meeting house, and the right or title of the congre- 
 gation to hold such meeting house, together with any 
 hurial groimd, Sunday or day school, or minister's house 
 attached thereto ; and any fund for the henejif of such 
 congregation, or of the minister or other officer of such 
 congregation, or of the widow of any such minister, 
 shall not be called in question on account of the 
 doctrines or opinions or mode of worship so taught or 
 observed in such meeting house : provided neverthe- 
 less, that where any such minister's house, school, or 
 fund as aforesaid shall be given or created by any 
 will, deed, or other instrument, which shall declare in 
 express terms, or by such reference as aforesaid, the 
 particular religious doctrines or opinions for the pro- 
 motion of which such minister's house, school, or 
 fund is intended, then and in every such case such 
 minister's house, school, or fund shall be applied to 
 the promoting of the doctrines or opinions so speci- 
 fied, any usage of the congregation to the contrary 
 notwithstanding (o)." 
 
 (a) But it has been held that a deed void under the Mortmain 
 
93 
 
 The Act, it will be observed, does not apply to 
 schools (if any) not attached to chapels, and which 
 are imder the Charitable Trusts Act, even {quoad 
 the endowments) if partly supported by voluntary 
 contributions. 
 
 It is to be observed that the above Act only declares 
 the law as to the religious persuasion to be deemed 
 entitled to the chapel or school. Their control of it 
 is exercised according eithfer to the deed or usage by 
 the members or communicants, as the case may be. 
 In the absence of any usage, it will be for the court 
 or the Commissioners of Charities, ia any case that 
 may arise relative to the endowments of ministers, to 
 decide in whom the management may be («). 
 
 "With regard to !Romaa Catholic chapels and 
 schools, they are, as already observed, not excepted 
 from the Charitable Trusts Act, which embraces all 
 religious or charitable endowments of the Eoman 
 Catholic body ; aU its religious endowments being in 
 law charities, and only held subject to the implied 
 condition of responsibility to the Court of Chancery 
 and now to the Commissioners of Charities. 
 
 The Eoman Catholic Charities Act has applied the 
 same principle to all Eoman Catholic religious trusts: 
 
 " V. Where any real or personal estate, subject to 
 any use, trust, gift, foundation, or disposition for any 
 Charity relating to or connected vrith the Eoman 
 Catholic religion, shall have been applied upon any 
 Charitable Trusts relating to or connnected with the 
 same religion during any continuous period of twenty 
 
 law, may te sufficient evidence as against the trustees of the trusts 
 of the endowment. At.-G. v. Wwrd, 6 Hare, 477. 
 
 (a) At.-0. v. Ahed, 7 Sim., 321 ; Shipway v. Perry, 28 L. J., 
 C!h., 660. 
 
94 
 
 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." 
 
 It will be observed that the usage under this enact- 
 ment must have been " consistent ; " which, however) 
 probably is implied in the previous Act as to Dis- 
 senters, for the very word usage implies consistency. 
 If the same usage has not been followed for a given 
 period, there has not been a usage, — certainly not a 
 usage for that period.' And if there has not been 
 such a usage — that is, if there has sometimes been 
 one application of the fund and sometimes another — 
 then, if there is no deed or document declaring the 
 objects of the trust definitely, it must be referred to 
 the Commissioners, to frame a scheme for its manage- 
 ment, unless the deed or document expressly or im- 
 pliedly give the power to the donee, vesting it in his 
 discretion. If «o^ so left to his discretion, he has no 
 power to frame a scheme, or carry the application at 
 his discretion. And, on the other hand, it folLows 
 that from the terms of the trust, as ascertained^ 
 either by express documentary evidence or by usage, 
 there can be no deviation except under the authority 
 of the Court of Chancery, or the Commissioners of 
 Charities; or if they doubt their authority, there 
 must be an application to Parliament. The Gram- 
 mar Schools Act contains no provision as to usage ; 
 the evil as to schools being generally, not in ascer- 
 taining the trusts, but in the necessity for departing 
 
95 
 
 or deviatiiig from them ; and that is a necessity which 
 the Court of Chancery never leaves to trustees to 
 determine upon, unless the trust leaves it to them 
 expressly, or by necessary implication from the very 
 nature of the trust, as in the case of an institu- 
 tion or charity formally established and vrith regular 
 government. 
 
 Where there is no deed regulating the trust, but 
 a trust is declared or implied, and there is no discre- 
 tionary power given to the donees lay or ecclesiastical, 
 and usage is resorted to under the statute, it is not 
 quite clear whether it vriU be material how far the 
 usage, if proved in fact, and in itself consistent, 
 appears to have been objected to by the eccle- 
 siastical authorities of the Eoman CathoKc Church; 
 or whether by the word " consistent "it is meant to 
 be implied that the usage must have been consistent 
 with their discipline or authority. It should seem 
 that if this was intended, it has not been duly 
 expressed, and that a usage in fact wUl bind. But 
 there is little probability of any usage of twenty years 
 having been maintained against the expressed wiU. of 
 the Eoman Catholie spiritual authorities; at all 
 events, not against the law or discipline of the 
 Boman Catholic church. 
 
 Supposing, however, that there is neither deed nor 
 usage, nor discretion in the donees or the trustees, 
 and that the court or the commissioners have to 
 settle a scheme for a Roman Catholic religious 
 charity, they wiU undoubtedly, by analogy to the 
 well-settled principles of practice of the court in 
 such cases, consult the proper Eoman Catholic 
 authorities as to the best mode of carrying out the 
 objects of the trust, and will take their evidence as 
 
96 
 
 to the discipline of their Church as a matter of fact, 
 like that of foreign law (a). 
 
 In no case, therefore, can the authority of the 
 Court of Chancery or of the Commissioner of Chari- 
 ties be justly deemed to interfere with their spiritual 
 authority or their right of property. The proper 
 spiritual authority of every body of Christians in the 
 country is consulted and deferred to by the court, 
 ■within its true scope and limits, the internal ■a.^na-r 
 Distration of the endowment, its spiritual visitation so 
 to speak, its discipline and conduct, according to the 
 laws of the Church (6). 
 
 And with respect to rights of property, to assume 
 such a right, precedent to or paramount to the deterr 
 mination of the court, would be a fallacy; for it is 
 the province of the court to decide whether there is 
 a property, whether with reference to the laws regu- 
 lating the rigJits of subjects to dispose of their pro- 
 perty, or with reference to the question of trust. If 
 there has been an infraction of the law as to dispo- 
 sitioA of property for such purposes, there is no right 
 of property. If there is a legal right, coupled with a 
 trust, then there is no right of property in the plenary 
 sense of the term, for that includes the legal and the 
 equitable sense ; and a trustee is not the equitable 
 owner — ^that is, he is not the beneficial owner ; and if 
 so, then he can have no right of property, save subject 
 to the jurisdiction of the Court of Chancery. For 
 
 (a) As in the Sussex Peerage Case, 11 CI. & Fin. 86, -where 
 Dr. Wiseman was examined at the bar of the House of Lords with 
 regard to the law of his Church as to marriage. So in Regina v. 
 Sowett, 1 0. & K. 689, where the evidence of a priest was taken as 
 to the discipline and usage, with respect to one of the sacraments, 
 of his Church. 
 
 (6) Vide ante, p. 88. 
 
97 
 
 trusts are the creations of that court, and disposition 
 upon trusts at all are only conditional upon its con- 
 trol, and trusts if pecuniary are equitable debts; so that 
 there is no more reason to object to the authority of the 
 courts of equity as to trusts, than of the courts of law as 
 ' to debts. When the Court of Chancery decrees that 
 property given for religious purposes is to pass to the 
 heir or next of kin, it does not take any property from 
 thechurch or religious bodyto which it was bequeathed, 
 but pronounces that it never Tiad a property in it. 
 
 TJnder the common law the bishops took the estates 
 of their sees absolutely, and- without civil responsi- 
 bility in respect thereof. Under the law now the 
 Eoman Catholic prelates or priests take funds en- 
 trusted to them for pious purposes, only on the con- 
 dition of civU responsibility ; for only on such con- 
 ditions could the law allow the donors to give or the 
 donees to receive, especially as regards bequests or 
 gifts by will : for a man has no natn/ral right to 
 leave his property as he pleases away from his natural 
 heirs ; and the right, being purely artificial, is subject 
 to such conditions as the law imposes, not being con- 
 trary to the laws of the Christian Church. Now it 
 is contrary to the law of the church to take away 
 property which is once legally vested for its use ; but 
 not so, either to decree that property never was legally 
 vested in it, or in trust for its purposes, or that it 
 was vested subject to the conditions of lay or civil 
 control (with the exception only of questions as to 
 eligibility for, or the due discharge of, spiritual duties) ; 
 and still less is it so, to enforce its administration for 
 such purposes, according to the laws and discipline of 
 that church itself. Therefore the see of Eome has 
 sanctioned an appeal by a Eoman Catholic bishop to 
 
the Privy Council (as) against a decree of a civil court, 
 — not indeed as to Ms spiritual office or duties, but 
 as to certain civil rights alleged to be founded upon 
 or attached to such spiritual office, and whicli he 
 could only have or exercise by the aid of that court, 
 and therefore subject to its jurisdiction. 
 
 So the Eoman CathoUc bishops have voluntarily 
 placed such of their poor schools, as have accepted 
 the grants in aid of education, under the control of 
 the Court of Chancery, which, according to the terms 
 of the management clauses of the trust-deeds of such 
 schools, would have to decide all disputes save such 
 as are solely religious, and are to be determined by 
 the Eoman Catholic bishop. 
 
 7!he Management of Charity Property. 
 
 The scope of the jurisdiction of the Court of 
 Chancery and the Commissioners of Charities is the 
 due application of the revenues of a charity to its 
 proper purposes ; and with that view, the security and 
 due management of the charity property is one great 
 object of that jurisdiction. In this, as in every other 
 respect, the general principle of courts of equity is that 
 
 (a) Hughes t. Pownal, 4 Moore's Privy Council Cases, 47. 
 There the question -was -whether the Koman Catholic bishop, the 
 appellant, was entitled to all the fees or emoluments received in this 
 oiEoe ; or whether a lay committee was entitled to half. The Privy 
 Council received on both sides evidence of, and recognised as valid, 
 mter se, the acts and measures of the Eoman See as to the spiritual 
 office of the bishop ; but the council had to decide, and the Eoman 
 See did not object to its deciding, what are the legal or civil rights 
 or emoluments annexed to the office ; and the oonncU decided that, 
 according to usage, to which the bishop assented, the lay committee 
 had a right to receive the general offerings, and that they were to 
 be applied in certain proportions to different objects. 
 
99 
 
 " the fair exercise of their judgment by trustees is 
 a protection, whether the consequences be good or 
 bad" (a). On the other hand, when they have a 
 discretion, they are bound to exercise it, and the 
 courts will not exercise it for them, as it is a personal 
 trust (6) ; and in such case the test of a negligent 
 breach of trust is what would have been the course of 
 the court under similar circumstances (c). The prin- 
 ciple of Chancery is to leave the trustees to exercise 
 their discretion, on their own responsibility {d) . But 
 under the Charitable Trusts Act they may in this or 
 any other case ask the advice and direction of the 
 board, and act upon it with safety (e) . 
 
 One of the most important duties of a trustee, 
 in which he has often a discretion, is investment of 
 trust-money. If, as is usually the case, he is autho- 
 rised or directed to lay it out in real or government 
 securities, he is bound so to do ; and although, while 
 waiting to find a mortgage security, he may invest in 
 exchequer bills (/), yet not only if he invest in 
 a security unauthorised he is answerable for the 
 loss (jf), but so even if, having an option, as for 
 example between real and government securities, he 
 elects the former and it fails, he is answerable to the 
 trust (K). The proper course, therefore, is to apply 
 
 (a) Garrett t. Noile, 3 L. J. (K S.), Ch., 159; Haincett v. 
 Smith, 1 h. J. (N. S.), Ch., 218; At.-G. r. Solly, 6 L. J., Ch. 
 (N. S.) 5. 
 
 (6) Wain v. Egitumt, 3 Myl. & Keen, 445. 
 
 (c) Wa/mer v. Torlemgton, 4 L. J., Ch., 193. 
 
 (d) Potter T. Seymowr, 3 Young & CoUyers, Eq. Eep. 708. 
 
 (e) Act of 1853, s. 16. 
 
 (/) Mathews v, Brune, 6 Bear. Rep. 239. 
 
 (^) Tyler v. Tyler, 3 BeaT. 550. 
 
 (A) Ames v. Parkinson, 7 Beav. 379. 
 
 ^ ' F 2 
 
100 
 
 to the board for advice and direction («) ; sni so 
 where the power is to invest in some good and 
 approved investment (J). 
 
 With regard to personalty not expressly directed to 
 be invested, the purpose being one requiring per- 
 manence, the duty of the trustee is to invest (c) ; 
 hence, as already , explained, investment is one of 
 the necessary iacidents of trusts as to personalty. 
 The trustee may be liable for its loss ; as where he 
 leaves the money for years in the hands of bankers, 
 who fail (d) ; and so if the banker had directions to 
 invest, the trustee would be answerable for his 
 omission to do so. In any case, therefore, in which 
 the trustee has uninvested funds, he should either 
 apply to the Board for advice and' direction as to 
 its investment or disposition (e), or he should trans- 
 fer it to the official trustees (/) ; first obtaining an 
 order of a Judge of the Court of Chancery, or of some 
 Judge having jurisdiction under the Act for that 
 purpose, as money cannot be so transferred without 
 some such order. The investment of trust personalty 
 being necessary to the perpetuity of the trust, there 
 are many careful provisions in the Charitable Trusts 
 Act upon the subject. 
 
 The Charitable Trusts Act contains no provision^ 
 as to the mode of investment ; as to which a recent 
 Act (^) provides that, " When a trustee, executor, or 
 
 (o) Act of 1863, B.16. 
 
 (6) Although iu that case the trustee viiSl not be liable for a losB 
 if he has acted honestly. — Jones v. Lewis, 18 L. J. , Ch. , N. S. 430. 
 
 (c) Driver -v. Maudsley, 18 L. J.,. Rep. (N. S.), Ch., 273. 
 
 (d) Challer v. Shippam, 4 Hare's Eep. 555. 
 
 (e) Act of 1863, s. 16. 
 (/) S. 61. 
 
 (jr) 23 & 24 Vict. c. 38, o. 32. 
 

 .'A', 
 
 I /P7 APR 
 
 101 ^ 
 
 administrator shall not, by some instruments creS 
 his trust, be expressly forbidden to invest any trust 
 fund on real securities, in any part of the United 
 Klingdom, 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 another Act (a) provides that the Court of 
 Chancery may direct by general orders for the con- 
 version of any three per cent. Eank annuities now 
 standing in the name of the Accountant- General of 
 the court, in trust in any cause or matter, into any 
 other stocks, funds, or securities specified in the 
 orders, and trustees are empowered, where they have 
 an option, to invest in any such securities. 
 
 With regard to the letting of charity lauds, the 
 principle in Chancery is, that the court will look only 
 to the benefit of the charity, and expect, therefore, 
 that the best possible terms be obtained (6), on which 
 principle it is that it disapproves of leases for lonff 
 terms, which amount substantially to alienations (c), 
 although in consideration of fines or rent-charges (d), 
 unless under circumstances which make it manifestly 
 for the benefit of the charity (e). Still, where .the 
 lease is not beyond three lives, and for large fines, in 
 accordance with long custom, the court will not deem 
 
 (a) 22 & 23 Viet. c. 35, b. 10. 
 
 (b) At.-G. T. Gaim, 10 Beav. 63. 
 
 (c) At.-0. y. Pilgrim, 12 Beav. 57, 2 Hall & Twells, 186. 
 
 (d) At.-G. V. Pargeter, 6 Bear. 150. 
 (e; At.-G. V. Kerr, 9 Beav. 421. 
 
102 
 
 it improper (a), nor will it lay down any rule that 
 lettings stould be by competition or by public 
 tender (6). "With regard to parish lands, provision 
 is made by statute (c). But it is obvious that the 
 
 (a) At.-G. T. Grook, 1 Keen, 121. 
 
 (5) At.-G. T. CaUum, 1 Keen, 104. 
 
 (c) The S & 6 Vict. c. 18 (reciting 7 Wm. IV & 1 Vict. c. 50), 
 authorised the sale, exchange, letting, and disposal, by the guardians 
 of a union of any workhouse, tenements, buildings, land, effects, 
 or other property belonging to any parish which shall be com- 
 prised in the union, andj in cases of the sale, exchange, letting, 
 and disposal of workhouses, tenements, buildings, land, effects 
 and other property belonging to a dissolved union to have ap- 
 plied and to apply to a majority of the persons who were the last 
 acting guardians previous to the dissolution of such union : 
 Provided always that nothing in the act shall be deemed to 
 render valid or to. authorise the sale, exchange, letting, or the 
 disposition of any property whatsoever which shall have been 
 given or bequeathed by way of charitable donation, or shall have 
 been allotted in right of some charitable donation or otherwise, for 
 the poor persons of any parish, and not for the general benefit of 
 the rate-payers, parishioners, or inhabitants of such parish, nor to 
 dispense with the consent of the rate-payers and owners of property 
 required by the last-recited act to all sales, exchanges, lettings, or 
 other dispositions of property belonging to any parish, except in 
 the case next hereinafter provided. — s. 2. 
 
 Where several parishes shall have been or shall be jointly inte- 
 rested in any workhouse, tenements, buildings, lands, whether of 
 freehold, copyhold, or customary tenure, effects, or other property, 
 it shall be deemed to have been and shall be lawful for the com- 
 missioners, upon the application of the overseers of the major part 
 of such parishes, and with the consent of the rate-payers and owners 
 of property in the major part of such parishes, to be ascertained in 
 the manner directed by the said Act, to order the same to be sold, 
 let, exchanged, or disposed of by the guardians of the union in 
 which such parishes or the greater part thereof shall be situate, in 
 such manner and subject to such rules, orders, and regulations as 
 the said commissioners shall deem fit ; and it shall be deemed to 
 have been and to be lawful for the said commissioners to direct the 
 application of the produce arising from such sale, letting, or dis- 
 position, in the same manner and to and for the same purposes as 
 the produce arising from the sales of property belonging to other 
 parishes may be applied to. — s. 3. 
 
 As to what are parish lands, as distinct from parochial charity 
 lands, see Alison v. Sfarh, 9 A. & E., 255 ; Ca/ntrell v. Windsor 
 Union, i B. N. C. 348. As to evidence that lands are such (as 
 payment of rent to churchwardens), see Doe d. Higgs v. Terry, 
 4 A. & E., 274. 
 
103 
 
 only proper course for trustees to take if they desire 
 to let for long terms, for building, mining, &c., is to 
 apply to the board for advice or authority (a). 
 
 With regard to the sale of charity lands, the 
 principle of the court is, that though in a proper case 
 trustees have the power of alienating the property (J), 
 a very special case must be made out of benefit to the 
 charity, even to induce the court to refer it to its 
 officer to enquire as to whether it would be " proper " 
 to permit the sale (c), and it cannot be sanctioned by 
 the court without such reference. Even when the 
 alienation is in consideration of a rent-charge, the 
 burden is on the trustees of proving that it was for 
 the benefit of the charity (d), and of course, this 
 being so, it would be imprudent even to incur the 
 risk of applying to the court upon the subject, and 
 the proper course is to apply to the board for 
 direction and advice under the Charitable Trusts 
 Act (e) or for leave to sell or exchange (/). 
 
 The general jurisdiction of the court is exercised 
 ordinarily, by a bill, by a private party, or infor- 
 mation at the suit of the Attorney- Greneral, who, 
 as representing the Crown in its capacity as 
 
 (o) Act of 1853, s. 16. 
 
 (J) At.-Q. y. the South Sea Company, 4 Beav. 453. 
 
 (c) At.-G. T. Corporation of Norwich, 1 Hare's Ch. Eep. 395. 
 
 (d) At.-Q. V. BrettkighaTTi, 3 Beav. 91; At.-O. v. Kerr, 2 Beav. 
 421. 
 
 (e) Act of 1 853, s. 16. 
 
 (/) lb., s. 24. See 1 & 2 Geo. IV. o. 92, as to exchange of 
 charity lands. Leases for long terms — beyond 99 years, the ordinary 
 duration of a building lease — are virtually alienations of the worst 
 kind, and wiU be set aside as such unless manifestly for the benefit 
 of the charity. See At.-G. t. South Sea Oompwmj, suprd. So of 
 a husbandry lease for 200 years at a fixed rent; which cannot 
 possibly be supported. — At.-O. r. Fargeter, 6 Beav. 160; At.-O. 
 V. Pilgnm, 2 Hall & Twells, 186 ; 12 Bear. 67. 
 
1Q4 
 
 parens patrim, is a guardian of charities in wticli 
 the public have an interest. Hence as corporate 
 property is now applicable to public purposed, and 
 the borough-fund is a trust fund, it has been held 
 right that the Attomey-Greneral should sue even in 
 conjunction with the corporation (a). Where, how- 
 ever, the subject matter of the information does not 
 immediately affect the interest of the Crown, as in 
 the case of a public charity, the proceedings are 
 carried on in the name and under the direction and 
 at the responsibility of a "relator," who need not 
 have a personal interest, and if he has, the proceedings 
 are by " information and bUl." This proceeding by 
 bill or information is proper to declare a trust, and 
 fix a party with a trust who denies it, and claims to 
 hold the property adversely to the charity, and for his 
 own benefit absolutely (J) ; or against a trustee for 
 Ireach of trust. The latter is the scope of the 
 Charitable Trusts Act, and was also the scope of the 
 Act called by the name of Sir S. EomiUy, which was 
 passed to afford a more summary remedy in cases 
 of charity. 
 
 Special Jurisdiction in Chancery for the Control or 
 
 'Belief of Trustees of Charities. 
 
 By Sir S.Eomilly's Act, it is provided, "That from 
 
 and after the passing of this act, in every case of 
 
 breach of any trust, or supposed breach of any trust 
 
 created for charitable purposes (e), or whenever the 
 
 (a) At.-Q. T. Wilmn, 9 Sim. 
 
 (5) Hvickinson v. Stephena, 6 Sim., 498 : Walton v. Newni. 
 6 Sim., 328. *' 
 
 (c) That in a case of plain breach of trust committed by persons 
 in their character as trustees, not foreigners or strangers. Ex 
 parte Skinner, 2 Merivale, 453. 
 
105 
 
 direction or order of a court of equity sKall be 
 deemed necessary for the administration of any trust 
 for charitable purposes (a), it shall be lawful for any 
 two or more persons (6) to present a petition (pro- 
 vided that every petition so to be preferred shall be 
 submitted to and be allowed by his Majesty's Attorney 
 or Solicitor-general, and such allowance shall be cer- 
 tified by him before any such petition shall be pre- 
 sented) to the Lord Chancellor, &c., stating such 
 complaint and praying such relief as the nature of 
 the case may require ; and it shall be lawful for 
 the Lord Chancellor, &c., 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 applications as to him or them shall 
 seem just." 
 
 This Act was intended to give a more easy and less 
 expensive mode of bringing before the court a clear 
 abuse of a charity, but not where there is any question 
 with respect to the persons interested in the trust, or 
 what is the nature of the trust, or in what manner 
 the breach of the trust is to be dealt with, nor in 
 what way the charity is to be carried into efieet (c). 
 
 The scope of this Act very much resembles that of 
 the Charitable Trusts Act, save that the jurisdiction 
 is domestic rather than judicial. It has been truly 
 
 (o) ConstmotiTe trusts are not as the Act. Ex parte, Brown v. 
 Cooper, 295. 
 
 (6) Ha-ring a direct interest in the charity. In re Bedford 
 Ohoarity, 2 Swanston, 618 ; but householders are allowed to petition 
 on account of misapplication of pariah charities. In re Chertiey 
 Marka, 6 Price, 261. 
 
 (c) IrucUoiB Corporation v. Oreenhouse, 1 Bligh, N. S. 17. 
 
 F 3 
 
106 
 
 said that, under Sir S. Eomilly's Act, the court hag 
 no power to decide whether trustees have power to 
 alter the regulations of a charity, if that is asserted 
 or contested (o), but the court has power under that 
 Act to decide, upon petition under that Act, whether 
 there shall be an application to Parliament to sanction 
 a new scheme (S). 
 
 TJnder the Act the court has jurisdiction to declare 
 the proportions in which charitable objects are en- 
 titled, &nd frame new schemes of application within 
 its authority ; but not to repair a previous misappli- 
 cation of the funds among the various objects (c) ; 
 nor to enter into adverse claims. 
 
 The scope of this Act very nearly describes the 
 jurisdiction of the Charity Commissioners, so far at 
 least as regards their powters of direction, adjudica- 
 tion, or administration. The words, "relief, order, 
 and direction," used in EomiUy's Act, are the words 
 used in the clauses of the Charitable Trusts Act con- 
 ferring jurisdiction either on the Commissioners, or 
 on the County Court, or the Judges in Chancery at 
 chambers. "Whatever before the Charitable Trusts 
 Act coxdd not be done by the court on petition under 
 Eomilly's Act, must be done now by the court on 
 bill or information; and, except the Attorney- General, 
 or person claiming adversely to a charity, no one can 
 resort to the court for any relief or direction relating 
 to or concerning a charity without the sanction of 
 that Board. 
 
 The words, relief, order, or direction, are the words 
 
 [a) At.-G. v. Fast Setford Qrammar School, 17 L. J., Ch., 460. 
 (6) In re Shrewsbwy Grammar School, 1 Mao. & Grord. 324, 
 (c) Re HaU's CharUy, 14 Beav. 115. 
 
107 
 
 used in Sir S. Eomilly's Act, allovring summary 
 applicatioa to the court upon petition in charity 
 cases. And under that clause the court has no juris- 
 diction to decide what powers the trustees have, but 
 only to interpose where there has been an improper 
 exercise of an acknowledged power (a). So on the 
 other hand the Act has no operation between trustees 
 and strangers, but only as between trustees and the 
 objects of the trust ; and it is ia the discretion of the 
 court to what extent its powers under this Act ought 
 to be applied (J). "Under this Act, again, though the 
 court has jurisdiction to declare the proportions in 
 which the charitable objects are entitled, it cannot 
 repair previous misapplications of the funds (c). It 
 has power under this Act, upon petition, to frame 
 new schemes, which comes under the words in the 
 Act (used in the Charitable Trusts Act, s. 11) " order 
 and direction," provided there be not an entire 
 departure from the plan of the founder, as where it 
 was held that it had no jurisdiction to transfer the 
 funds of a dispensary to a hospital, and amalgamate 
 the two institutions (d). But the court has juris- 
 diction, upon petition, to enquire into the expediency 
 of an application to Parliament to authorise a different 
 application of the funds (c), a discretion, however, 
 which the court exercises very sparingly (/). 
 
 The scope of this Act is rather the relief of the 
 objects of a charity, than the trmtees of charities. 
 
 The only application to Chancery which trustees or 
 
 (a) At.-O. T. Oorporcaion of Bristol, 14 L. J. (N. S.), Ch., 457. 
 (6) At.-G. V. Siehop of Worcester, 21 L. J., Ch., 20. 
 (c) Be HalVs OhcurUy, 14 BeaT. 11$. 
 \d) In re Reading Dispensary, 12 Sim. 329. 
 le) In re Shrewsbury Qrammar Schools, 1 Mac. and Gord. 324, 
 19 L. J., Ch., 287. 
 (/) Ibid. 
 
108 
 
 parties can take in a charity case, without the sanction 
 either of the board or the Attorney- General, is a 
 course open to executors or trustees, under the 
 Trustees' Eelief Act ; under which they can pay or 
 bring into court any fund as to which there are 
 adverse claims, and on which it is difficult to decide. 
 The money being thus brought into court, it abides 
 the orders of the court, and the trustee is relieved 
 from responsibility ; or the parties who are entitled 
 to it must apply, to the court for it. This, however, 
 is obviously only a course likely to be available, not 
 for trustees of a charity, but for executors or trustees 
 having funds claimed by a charity, and also claimed 
 adversely to it. They are not bound to determine on 
 adverse claims of any difficulty; and this course 
 throws the onus in such a case on the trustees of the 
 charity, who, in their turn, may apply to the Com- 
 missioners of Charities, and cannot apply to have the 
 money paid out of court to them without the sanction 
 of the board ; although executors, being also trustees 
 for a charity, may pay money into court without such 
 sanction ; the obvious distiaction being, that in the 
 one case the fund is placed under, in the other with- 
 drawn from, the control of the court and the 
 commissioners. 
 
 Powers of the Commissioners. — Mnquiry. 
 
 The powers of the Commissioners of Charities are 
 powers of investigation, of direction, of administra- 
 tion, of arbitration, of litigation, and of adjudication. 
 
 I. As to powers of investigation : — 
 
 1. Trustees are yearly to furnish accounts of aU 
 income, or additions thereto, and all expenditure. — 
 (Act of 1855, s. 44.) 
 
109 
 
 2. The boaxd may require from trustees, &c., 
 accounts and statements in writing, as they in their 
 discretion think fit.— (Act of 1853, s. 9, 10.) 
 
 3. The J)oard have a general power, as they in their 
 discretion think fit, to examine and enquire into all 
 charities or the funds thereof, and may summon any 
 persons connected with charities for the purpose, 
 examine them on oath or otherwise, and call for the 
 production of deeds, &c. (Act of 1853, s. II, 14), 
 and examine any persons voluntarily attending. 
 
 4. These powers of enquiry necessarily include the 
 enquiry as to what are charities ; and the only 
 restriction is, that they cannot enforce information 
 from any person claiming to hold adversely to the 
 charity, or for his own benefit ; but the scope of their 
 enquiries may include claims of property for use on 
 lehalf of a charity, or claims against or adverse to a 
 charity. 
 
 5. They have special powers of enquiry, either of 
 their own motion, or on the application of others, as 
 to new schemes, or as to sales, exchanges, and par- 
 titions of charity property, as to dismissals of 
 masters, &c., as subsidiary or preliminary to their 
 powers of direction, of administration, of arbitra- 
 tion, of litigation, or restraint of litigation, or of 
 adjudication. 
 
 In order to exercise these powers and provisions, 
 the commissioners are empowered to make enquiries, 
 as they in their discretion shall deem fit, into all 
 charities and their income or property. Por the 
 purpose of enabling the board the better to prosecute 
 these powers of enqniry, the trustees, or persons 
 acting in the administration of a charity, are every 
 year to prepare accounts : — 
 
110 
 
 1. Of the gross income arising from, or which 
 ought to have arisen from the endowments. 
 
 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 aU 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 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 account?, 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 churchwarden or church- 
 wardens 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 
 account shall be open to the inspection of aU persons, 
 and any person may require a copy." — (Act of 
 1855, s. 44.) 
 
 And in addition to this, the board may call for 
 any accounts and statements, to be verified, if they 
 require it, upon oath, and may summon persons to be 
 examined on oath, and to produce aU deeds, .papers, 
 documents, vouchers, Ac, for inspection and examina- 
 tion. Upon these accounts and statements, thp com- 
 missioners may prosecute any enquiries, and call for 
 any explanations on oath. — (s. 10.) 
 
Ill 
 
 Powers of the Commissioners — Direction. 
 
 II. Under the Act of 1853, the board receive and 
 consider all applications made to them by any trustee 
 or other person having any concern in the management 
 or administration of any charity, for their opinion, 
 advice, or direction, respecting the charity, its 
 management, or its estate or funds, or the application 
 thereof, or any question or dispute relating to such 
 matters ; and if they think fit, may, upon such appli- 
 cation, give such opinion or atkice as they think 
 expedient, subject to any judicial order or direction 
 which may be subsequently made or given by any 
 court or judge ; and every trustee or other person, 
 vrho shall act upon such opinion, shall be deemed, so 
 far as respects his own responsibility, to have acted 
 in accordance with his trust, (s. 16). If they do 
 not think fit to give any opinion or advice, they may, 
 if it appears to them that any such petition or other 
 proceedings concerning or. relating to the charity or 
 its estate would be proper or expedient, they may 
 direct such proceedings (s. 19) ; or if the gross annual 
 income does not exceed 501. the proceedings may be 
 at chambers ; or they may now determine the matter 
 themselves upon the application of the trustees (Act 
 of 1860, s. 2). 
 
 And as within that trust the board has power to 
 give any relief, there may be an application for relief 
 by any person claiming to be entitled as the recipient 
 of a charity, and such an application wiU afford an 
 easy and speedy remedy in cases of small parochial 
 charities (a). 
 
 (o) It may not be out of place to suggest as the proper mode of 
 
112 
 
 If the matter concerns some dispute witn strangers, 
 and the hoard do think fit to give opinion or advice, 
 it may he to recommend a reference to their powers 
 of arbitration or compromise. 
 
 But these applications for opinion or advice appear 
 to be made by or on behalf of one of the trustees, 
 managers, or governors of the charity ; and the 
 concurrence of the other party to any dispute 
 with a stranger is of course necessary for the exer- 
 cise of the powers of arbitration. 
 
 Besides the above general power of direction, there 
 are special cases in which application may be made to 
 the board for authority to do various acts involving 
 responsibility in trustees — the sale, letting, or ex- 
 change of charity lands ' (s. 21), the investment of 
 charity funds (Act of 1853, s. 24, Act of 1855, s. 32), 
 and the like. And their consent is necessary to 
 investment by way of endowment (a). 
 
 Moreover, they may apportion parochial charities 
 
 making an application to the commissioneTS for direction or relief. 
 
 1. Write on foolscap paper with an inch margin on each side. 
 
 2. Write a large clear hand. 3. Head the application in the name 
 of the charity, with its parish (or town) and county ["In the matter 
 of the charity, parish of county of ."] 4. Com- 
 mence it thus, "application on behalf of" -["one of the 
 
 recipients " or " " claiming to be entitled as a recipient of the 
 
 said charity] "to the commissioners of charity," for "relief" or 
 "direction." 5. Write a clear simple statement, (1) of the nature 
 of the charity, as regards benefits and objects ; (2) its known trustees 
 or managers ; (3) of the nature of the title of the applicant or 
 recipient ; (4) of his complaint or claim ; (5) of what has been 
 done (if anything) upon it in the way of application to the trustees 
 or otherwise, and any reply received ; (6) refer to any person of 
 respectable position knowing the applicant, and ready to Touch for 
 his character and the truth of his statements ; (7) address it legibly 
 "To the Charity Commissioners, York Street, St. James's (W.), 
 London." Vide Forms of Applications ; Appendix. 
 
 (a) Corp. of Sons of Clergy t. SitUon, 29 L. J., Ch. 393. 
 
113 
 
 (Act of 1855, s. 10), or charges on lands for the 
 benefit of charities (Act of 1855, s. 33). 
 
 Under the Trustees Acts the Court of Chancery 
 has power upon petition in any case in wiich it is 
 expedient so to do, to appoint new trustees and vest 
 the property in them ; and the board may direct an 
 appKcation for the purpose in cases, for any reason 
 not within their own power to deal with, which 
 application may be at ehairibers (a). 
 
 And in any case where from any cause a valid 
 appointment of new trustees cannot be made, or 
 where by reason of the expense it shall appear de- 
 sirable, to the Court of Chancery or any judge of the 
 court, at chambers (in cases where under the Act 
 they have jurisdiction at chambers), the court or 
 judge may order that the estate be vested in the 
 official trustee, who may hold until new trustees are 
 appointed. (Act of 1853, s. 51.) 
 
 And when it appears desirable to any judge having 
 jurisdiction under the Act, that stock, ^c, held in trust 
 for any charity, ought, for the purpose of security or 
 convenient administration to be transferred to the 
 
 official trustees, he may order it to be so trans- 
 ferred Aid any trustee, executor, Ac, may, on an" 
 order of the board, transfer any stock or pay any 
 money to the official trustees in trust for any charity 
 (s. 22, 1855). 
 
 All deeds or documents relating to charities may be 
 deposited with the board for safe custody, and there 
 is this important compulsory provision : " The board 
 may require any person having the custody or con- 
 trol of any deed or document in which any charity or 
 
 (o) See Act of 1853, ss. 28 & 48 ; but see Act of 1860, s. 1. 
 
114 
 
 charities shall be solely interested to transmit the 
 same to the office of the said commissioners for 
 examination ; 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, or, as they may think 
 most advantageous to the charity, may thereupon, or 
 at any time thereafter, return or issue the same to the 
 trustees, or persons acting in the administration of 
 the charity, for the purposes thereof." (Act of 1860.) 
 
 Powers of the Commissioners — Arbitration. 
 
 III. Powers of Arbitration or Compromise. Under 
 the Act of 1853, s. 23, the board may sanction the 
 compromise of any claim against any person in " rela- 
 tion to " the charity : or against any charity. 
 
 Under s. 64, Act of 1853, it is also provided that if 
 any dispute or question arises among the members of 
 any charity exempted from, or under the jurisdiction 
 of, the commissioners, in relation to its management^ 
 two-thirds of the members present at any special 
 meeting may refer it to the arbitration of the 
 commissioners. The language of the enactment 
 clearly implies that it may apply to any corporate 
 charity, or to any society or institution, endowed or 
 unendowed. 
 
 Ajid by the Act of 1860, s. 20, it is expressly pro- 
 vided that the power vested in the board may be 
 exercised with reference to any charities vested in 
 any corporation, sole or aggregate (which includes 
 corporations ecclesiastical or civil, and charities muni- 
 cipal or parochial), who either solely or jointly with 
 any other persons shall be also recipients of the 
 
115 
 
 benefits. And exempted charities may petition to have 
 the benefit of the Act (s. 63). 
 
 Powers of the Commissioners as to Litigation. 
 
 I. Power of the board to direct delay or restrain 
 proceedings in Chancery. 
 
 All the powers and jurisdiction of the Court of 
 Chancery over charities continue as before ; but sub- 
 ject to this important raetraiut, upon all private 
 parties, trustees or others ; — not applying, however, 
 to the Attorney- General. 
 
 " Before any such petition or other proceeding 
 (not being an application in any suit or matter actu- 
 ally pending), for obtaining any relief, order, or 
 direction concerning or relating to any charity, or the 
 estate, funds, property, or income thereof, shall be 
 commenced, there shall be transmitted to the board 
 notice in writing, &c., for explaining the nature and 
 object, &c., and no suit, <fcc., for obtaining any such 
 relief, &c., sha ll be entertaifled or proceeded with by 
 the cou rt except upon and in conformity with an 
 order or certiiica te of the board (s. 17). ~ 
 
 Now this only applies to any application for relief, 
 order, or direction, concerniag or relating to {i. e., only 
 concerning) any cJiarity, or the estates, funds, or pro- 
 perty thereof. It does not apply to any application not 
 relating entirely to a charity or the funds of a charity, 
 but to the administration of some estate in which a 
 charity is partly interested. Thus it does not apply to ! 
 the payment of money into court under the Trustees' 
 Eebef Act (o), which provides that trustees may pay 
 money into court, to abide the order of the court, in 
 
 /t?i^3. 
 
 (a) 10 & 11 Vict. c. 
 
116 
 
 cases of difficulty and doubt. The payment of money 
 into court under that Act is not a proceeding within 
 the above clause requiring notice ; for the term " pro- 
 ceeding" is used as synonymous with "application,' 
 and no application of the trustees is necessary, the 
 trustees being at liberty to pay the money in at their 
 own option ; the only question being whether they 
 shall be allowed their costs of the step, if it turns out 
 to have been unnecessary (a) ; and the payment into 
 court is not to obtain, although it is to abide the 
 direction of the court. But on the other hand, as the 
 transf er of money paid into court under the Trustees' 
 Eelief Act can o nly be directed by an order made 
 ^on petition (V ), it would be withi n the provision. 
 m t he Charitab le Trus ts Act, if not within the 
 exception as in a matter pend ing, a nd has been so 
 heid (c). But an application for the payment of 
 money into court, or for a scheme for its application, 
 has been held not to be a proceeding requiring notice 
 under the above provision (<?), because it is an appli- 
 cation while such a matter is pending. 
 
 That, however, is an application for relief, &c., con- 
 cerning or relating to a charity, or the funds thereof, 
 and if the restriction does not apply,, it is only by its 
 being an application in a matter pending under the 
 Trustees' Eelief Act (e). 
 
 But under that Act the money must be paid into 
 court in the matter of a particular trust, not generally 
 upon the trusts of a will ; at all events to enable the 
 
 (a) In re WoodbwnCe Trusts, 26 L. J., Ch., 522. 
 
 (6) Re Masaelm's Trusts, 21 L. J. (N. S.), Ch., 53. /STjt^ /op3 
 
 (c) Bangley's Trust, ibid. p. 875. / 
 
 (d) He MeynelFs Charity, 24 L. J., Ch., 669. 
 
 (e) In re St. GUei Bloomshwry, 29 L. J., Ch., 560 ; In re 
 Lister's Hospital, 6 De Qex Mac. & Gord. 184. 
 
117 
 
 court to distribute tbe fund it must stand to an 
 account whieh separates it from the other assets, 
 and disconnects it from all the other trusts of the 
 will (a). When it is sopaidin,theremedy of a claimant, 
 whether a charity trustee or other party, must be 
 prosecuted hy petition under that Act, not under the 
 ordinary jurisdiction of the court (J) ; and the appli- 
 cation to have money paid out is to be by the parties 
 claiming to be interested, as trustees for a charity or 
 otherwise, without prejudice to their right to enforce 
 any other or further claims against the trustees accord- 
 ing to the will or deed (c) ; the scope of the Act in 
 cases of adverse claims, raising questions of a difficulty 
 which the trustees are not bound to determine (d). 
 And it applies as regards charities where, under a 
 wUl or deed, there are charitable gifts or legacies along 
 with others, and there are adverse claims, either as 
 tetween charities or against charities. 
 
 The restraining clause in the Charitable Trusts Act 
 does not appear to apply to applications by trustees or 
 executors to the Court of Chancery under Sir G-. 
 Turner's Act (13 & 14 Vict. c. 35), either for ad- 
 ministration of an estate, or by special case for the 
 construction of any act of parliament, will, deed, or 
 other instrument, unless the applications are referred 
 to a charity, and not made by a trustee of a charity 
 alone, in the matter of a charity. In such case it 
 is provided — "That every executor, administrator, 
 trustee, or other person making any payment or 
 doing any act in conformity with the declaration 
 
 (a) Re Everett, 12 Beav. 485. 
 
 (6) Goode T. West, 21 L. J., Ch., 127. 
 
 (c) Re Sharp, 17 L. J., Ch., 345. 
 
 (d) Be Headington's Trusts, 27 L. J., Ch., 17.^. 
 
118 
 
 contained in any decree made upon a special case, 
 shall ia all respects be as fully and effectually pro- 
 tected and indemnified by such, declaration as if such 
 payment had been made or act done, under or in pur- 
 suance of the express order of the same court made in 
 a suit between the same parties instituted by bUl, save 
 only as to any rights or claims of any person in respect 
 of matters not determined by such declaration." 
 
 But this is a course of procedure only for the pur- 
 pose of obtaining the opinion of the court in cases of 
 doubtful construction (a). It is not similar to a suit 
 or daim, as the court has no power to bind the rights 
 ' of parties ; and upon a case stated the court will 
 decline to giye any opinion upon points which involve 
 disputed rights (J). The Act may either comprise 
 the case of the trustee of a charity or trustee bonds 
 or wiU, embracing among others bequests to a charity. 
 In the latter case the application may be made to the 
 Court of Chancery without the sanction of the Com- 
 missioners of Charities, for it is not an application 
 for " relief, order, or direction " concerning or relating 
 to any charity, but relating to the general administra- 
 tion of an estate, although inter alia it may concern 
 a charity. 
 
 In the case of a trustee of a charity, however, the 
 application can only be with the sanction of the 
 board, who have themselves power (Act of 1853 s. 16) 
 to give advice or direction, with a clause of indemnity 
 very similar to that given under Sir G. Turner's Act. 
 
 (o) As in a qnestion whetlier a power of appointment has been 
 exeojited. — West v. May, 23 L. J., Oh., 447; or trliether there 
 has been a valid declaration of trust. — Twmer y. Wood, 23 L. J., 
 Ch., 895. 
 
 (5) JSaUey v. Collet, 23 L. J., Ch., 230. 
 
119 
 
 An administration, suit, or a petition under Sir S. 
 Eomilly's Act, or an application under Sir &. Turner's 
 Act, for the opinion of the court, or under the Trus- 
 tees' Acts of 1850 or 1855 to obtain the appointment 
 of a new trustee, or the transfer of a fund, or the con- 
 veyance of land to new trustees, or to the persons 
 beneficially entitled, are clearly petitions or proceed- 
 ings, i.e., applications for relief, order, or direction, 
 and cannot therefore be sfede or entertained by any 
 judge or Court of Chancery, except under the order 
 or certificate of the board. It was said by the 
 Master of the EoUs ia the case before cited (a), that 
 they must, unless the matter is a mere form (which 
 cannot be predicated), readily exercise a judgment on 
 the matter ; and such seems to be the clear intent of 
 the provision, taken in conjunction with the proviso at 
 the end, " that it shaU not extend to any such (^query 
 suit?) petition or proceediag in which any person 
 shall claim any property, or seek any relief adversely 
 to any charity ; " and taken also in connection with a 
 subsequent proviso (s. 23) — " that if it appear to the 
 board that the institution of legal proceedings is 
 requisite, and that it is desirable under the circum- 
 stances thereof that such proceedings should be 
 instituted by the Attomey-G-eneral, they may certify 
 the case to Am, and thereupon Ae may institute such 
 proceedings." The practical importance of this 
 provision may be Ulustrated by a very recent 
 case (J), where in the first instance a decree was 
 made against a charity, but the Attomey-G-eneral, 
 considering that the parties who had refused the 
 
 (o) In re St. GUei JBloomsbm-y, 29 L. J., Ch., 560. 
 
 (5) PkUpott V. St. Georges HoapUal, 5 Jur. N. S., 664. 
 
120 
 
 charity were not fitted to do so, himself took the 
 case up, and obtained a decree in its favour. 
 
 II. Powers of directiag proceedings in Chancery. 
 
 If it appears to the board, either on their own in- 
 quiries or reports or by the application of others, 
 that any suit or proceeding concerning or relating to 
 any charity or the estate or income thereof, would be 
 proper or expedient, they may direct or authorise it, 
 and, if they think fit, certify it to the Attomey- 
 Greneral, for him to prosecute it (ss. 19, 20). As to 
 the appointment or removal of any trustee, or " any 
 other relief, order, or direction" relating to any ; 
 charity, the Attorney- Gteneral, or any person with* 
 fSe~auEEority of the board, may apply for an appli- 
 cation to a judge of the Court of Chancery at 
 chambers, or if the gross annual income of the" 
 charity does not exceed £50, to a judge of a county 
 courij or of a district court of bankruptcy, or in such 
 lBaseT;h'eymaj^now,'"onTEe"application of f he trustees 
 themselves, make order in such cases, provided the 
 cases ars ngtofacontentious chara cter, nor raising 
 questions of any difficulty ; in that respect their 
 jurisdiction resembles that of the Court of Chancery 
 under Eomilly's Act or the Trustees' Act. And it is 
 expressly provided that they, shall not entertain any 
 question as to the removal of a trustee, on the ground 
 of religious belief — a matter which could only be 
 determined by the Court of Chancery upon bill or 
 information ; and on any such matters the board have 
 only to direct litigation in that court. 
 
 Powers of the Soar A — Adjudication. 
 The most important of the powers and provisions 
 of the Charitable GPrusts Acts are those of the Act of 
 
121 
 
 1860, which confers upon the commissioners for the 
 first time certain direct administrative powers of 
 making orders. 
 
 " An application to a judge of the Court of Chan- 
 cery at chambers in cases where the gross annual 
 income of the charity exceeds £50, or to a judge of 
 the county courts, or of a district court of bank- 
 ruptcy where the income does not exceed that 
 amount, may be made either by the Attorney- Gene- 
 ral or, with the sanction of the board, by any one 
 or more of the trustees or persons administering or 
 claiming to administer, or interested in the charity, 
 or any two or more inhabitants of any parish or place 
 within which the charity is administered or appli- 
 cable ; and such judges may make, order, or give any 
 relief, order, or direction, as the case may require ;" 
 or the board, of their own motion, in cases where the 
 income does not exceed £50, or on the application of 
 the trustees where it does exceed that sum, may make 
 such orders, 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 
 t he official trustees of charitable f unds, or any other 
 trustees, to call for a transfer of and to transfer any 
 stock belonging to such estate, or for the establish- 
 ment oi' any scheme for the administration of any 
 such chantv 
 
 3o that the board have original, independent, quasi- 
 judicial powers, in all cases where the income does not 
 exceed £50 ; and on the application of the trustees 
 (or the majority of them), in all cases, whatever the 
 income ; and if in any cases pf the latter class, 
 
122 
 
 trustees (or the majority of them) do not make such 
 application, then the board may, on the application of 
 one trustee, or one person interested, or any two 
 inhabitants, direct an application to a judge of the 
 Court of Chancery at chambers. And this in all 
 cases where the court would, under Eomilly's Act (as 
 to which vide ante, p. 104), have jurisdiction to give 
 relief, order, or direction ; that is, as to the appoint" 
 •ment or removal of trustees, the vesting or securing 
 of trust property, the administration of the charity, 
 the alteration or establishment of a scheme, or, gene- 
 rally, in almost any other of those matters in which, 
 as shown in this brief exposition, the Court of Chan- 
 cery has heretofore exercised its jurisdiction over 
 charities, now transferred, most beneficially, to the 
 Commissioners of Charities. The great exception 
 being that to declare or enforce a trust adversely to a 
 trustee (a), the jurisdiction will still remain in the 
 Court of Chancery. 
 
 (o) As to which vide Uiissell v. Jackson, 10 Eaxe, 204, where, 
 notwithstanding a devise in terms absolute, yet, there heing an oru 
 intimation to one of the devisees that he had confidence, thdy would 
 carry out his intentions — which were to further a religious object-^ 
 held evidence of a secret trust in hoth — and neither of them allowed 
 to enjoy beneficially. 
 
Charitable Trmts Act, 1853. 123 
 
 16 & 17 Vict. c. 137. 
 
 All 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 (a) in 
 certain cases : Be it therefore enacted &e. 
 
 1. It shall be lawful for her Majesty and her sue- Her Ma- 
 cessors, by warrant under the royal sign manual, to jesty em- 
 appoint four comTnissioners, and also one secretary and powered to 
 two inspectors, for the purposes of this Act, (J) and appoint 
 upon any vacancy by the death, resignation, or removal Charity 
 of any commissioner, secretary, or inspector under this ^°°'™is- 
 Act, from time to time in like manner to appoint another *"'"^'^> °^' 
 person to succeed to such vacancy, and until a fresh inav|„|J'ntg 
 appointment shall he made it shall he lawful for the 
 surviving or continuing commissioners, in case of any 
 vacancy, to act as if no such vacancy had occurred ; and 
 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 dviring the pleasure of her Majesty. 
 
 (Clauses as to salaries &c., omitted). 
 
 6. The said commissioners to be appointed under this Style of 
 Act shall be styled " The Charity Commissioners for Commis- 
 £ngland and Wales," and may have and use a seal for sionere,'wlto 
 authenticating documents, and such commissioners shall may sit as a 
 sit from time to time as a board for carrying this Act Board, 
 into execution; (c) and any two of such commissioners 
 
 (o) The jurisdiction is in aid of, not adverse to, charities. 
 
 (i) By s. 1 of the Acta of 1853 and 1860, those Acts and this 
 are to be construed together as one Act, which applies, to any 
 of the enactments in either, any of the powers and provisions 
 of either of the others capable of such application. See for 
 example s. 9 of the Act of 1855, 
 
 (c) By the Amending Act of 1855 others may be appointed, 
 but the clauses as to those appointments are omitted. And the 
 Amending Act of 1855, 18 & 19 Vict. u. 124, contains these 
 clauses — 
 
 "IV. Every act of the board may be sufficiently authenti- 
 
 G 2 
 
124 
 
 Charitable Trusts Act, 1853. 
 
 Board 
 to frame 
 General 
 Minutes, 
 
 Minutes of 
 proceedings 
 and orders, 
 &c. to be 
 entered, 
 and copies 
 of entries 
 signed by 
 the secre- 
 tary to be 
 received in 
 evidence. 
 
 may form a board, and may exercise all or any of the 
 powers conferred on the commissioners or the board by 
 this Act. 
 
 Minutes ^c, of the Board. 
 
 7. The said board shall, by general minutes, from time 
 to time prescribe regulations for their proceedings, 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 (a), and all such 
 general minutes shall be signed by three of the said 
 commissioners at the least; (6) and copies of all such 
 general minutes shall be laid before both Houses of Par- 
 liament 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. 
 
 8. The said board shall cause minutes of their pro- 
 ceedings, and all orders, certificates, and schemes, made 
 or approved by them under this Act, to be entered in 
 books to be provided and kept for such purpose, and all 
 such entries shall be signed by their secretary, and 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 pro- 
 ceedings 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. 
 
 cated by the seal of the commissioners and the signature of their 
 secretary, or in his absence of the chief clerk. 
 
 " V. All orders, certificates, schemes, and other documents 
 issued under the seal of the board shall be deemed and taken 
 to be the originals, and copies thereof shall be entered in the 
 books of the board, and all such entries may be sufficiently 
 certified by the signature of the secretary, or in bis 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 purporting to be a copy extracted from the said books, 
 and to be certified as aforesaid, shall be received in evidence in 
 like manner. 
 
 (a) See the minutes already issued in the appendix post. 
 
 (i) See ss. 4 and 5 of the Amending Act, ««pra, which 
 make certified copies originals, which in accordance with 1^ 
 
Powers of the Board. 125 
 
 Power of the Board and Inspectors as to Inquiries. 
 
 9. It shall be lawful for the said board from time to Board to 
 time, as they in their discretion may see fit, to examine inquire into 
 and inquire into all or any charities in England or condition 
 
 Wales (a), and the nature and objects, adminstration, ^^^ ™*" 
 . management, and results thereof, and the value, condition, "f'S^"'^"* 
 management, and application of the estates, funds, pro- "harities. 
 perty, and income belonging thereto; and the said board 
 may cause examinations 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. 
 
 10. The said board may require all trustees or persons Power io 
 acting or having any concern in the management or require ac- 
 administration of any charity (6), or the estates, fuads, counts and 
 or property thereof (e), to render to the said board, or statements. 
 
 & 15 Tict. >% 99, B. 9 will as public documents prove themselves 
 upon production. 
 
 (a) As to what are "charities'" within the Act, see the 
 interpretation clause, post s. 66. Of what are so the board 
 must judge, and must of course make inquiries as to what they 
 suppose to be so. The mere fact that a party denies a trust for 
 a charity will not oust their jurisdiction (see s. 15 and note; ; 
 they must try the question io the first instance, and in case of 
 resistance it must be decided in Chancery, see s. 14. And 
 though the commissioners can only su/minon trustees, &c., they 
 cancaramMieany one (s. 12; sees. 15); which does not, it will be 
 observed, prevent them from acquiring such information from 
 emy other person. 
 
 (6) Grovemors of chartered charities, fee. 
 
 (c) By 8. 6 of the Amendment Act of 1855, this is thus 
 expounded and explained : — 
 
 "TI. The board, or any commissioner or inspector, such 
 inspector acting under the authority of the board, may require 
 written accounts and statements and answers to inquiries relating 
 to any charity, or the property or income 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 administra- 
 tion of the charity, its property or income, or in the receipt or 
 payment of any monies thereof : 
 
 " Agents of any such trustees or persons : 
 
 ' ' Depositories of any funds or monies of the charity : 
 
126 Oharitable Trusts Act, 1853. 
 
 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 administration, 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. 
 
 11. All officers having the custody of enrolments, 
 decrees, reports, records, and other documents relating 
 to or concerning any charity (a) shall furnish such 
 copies or extracts as shall be required by the said board; 
 and 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 
 regulations as the board may make in that behalf, to 
 examine and search the registers and records of every 
 court of law and eg^uity (6), and every ecclesiastical 
 court, and every public registry and office of records, and 
 to take copies of and extracts from any decree or docu- 
 ment recorded or registered or deposited therein respec- 
 tively, for any purpose contemplated by this Act, without 
 fee or other payment in respect thereof. 
 
 12. Any inspector (c) acting under the authority of 
 
 " 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 thereof ; 
 
 "And the board or the commissioner or inspector may 
 require the persons rendering or making any such account, 
 statement, or answer to teiiiy the same by oath or otherwise, 
 and mSy administer such oath : Provided always, that 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 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." 
 
 (a) Vide s. 9, n. (d), 
 
 (6) As the Probate Court for wUls. 
 
 (c) By s. 7 of the Act of 1855, 18 & 19 Vict. c. 124, this 
 clause is expounded thus ; — 
 
 " Til. The board or any commissioner or inspector acting. as 
 
Powers of the Board. ^ 127 
 
 the said board may, by precept under his hand, subject 
 to such regulations as the said board may make in that 
 behalf, require any person, being a trustee of any 
 charity (o) or otherwise acting or having any concern in 
 tlie management or administration of any charity (6), 
 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, (c) to attend 
 before such inspector {d) for the purpose of being ex- 
 amined by him touching or relating to such charity, or 
 the estates, fiinds, property, or income thereof (e), at 
 any time and place mentiolled or appointed by such 
 precept, and to bring and produce any deed, paper, 
 writing, instrument, or other document, being in the 
 custody, possession, or power of such person, and re- 
 lating 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, tnat no 
 person shall be obliged to travel in obedience to any , 
 such precept more than ten miles from his place of 
 abode. 
 
 aforesaid (i. e. imder the clause in the amended Act), may 
 require all or any such trustees and persons as aforesaid (i. e. 
 as described in the previous clauses as in the amended Act 
 explained) to attend hefore them respectively 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 ques- 
 tions 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. AH requisitions made under the foregoing authorities 
 shall be made respectively by the order of the board, or by 
 precept, under the hand of the commissioner or inspector 
 making the same." 
 
 (a) See s. 9, n. (a). 
 
 (b) As governors of chartered charities. 
 
 (c) As masters, ministers, &e. 
 
 (d) See the proviso at the end. 
 
 (e) As bequests or gifts thereto. 
 
 (/) This is very important, especially with reference to s. 9, 
 and the provision in s. 15. 
 
128 Charitable l}rusts Act, 1853. 
 
 Pereons 13. If any person wilfully give false evidence upon 
 
 giving false any examination under this Act, every person so offend- 
 evidenoe ing shall be deemed guilty of a misdemeanor, 
 guilty of a 14, If any person from whom the said board, or any 
 tnisde- inspector, is authorised to require any account or state- 
 meanor. ment or answers to any questions or inquiries (a), or 
 Person whose attendance any inspector is authorised to re- 
 refusing to quire (6), shaU. refuse or wilfully neglect to render to 
 render ac- the said board such account or statement (c), or to make 
 counts, &c. answers to such questions or inquiries (rf), or to attend in 
 to be deem- obedience to any lawful precept of any inspector, or to give 
 ed guUty of evidence before him, or shall wilfuUy alter, destroy, 
 Vc^^T'* withhold, or refuse to produce any deed, paper, writing, 
 ourt. instrument, or other document which may be lawfully 
 required to be produced before any inspector or the said 
 board (e) 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 appUcatioa 
 by the commissioners to the same, and shall pay the 
 costs of and attending such contempt as the said court 
 shall direct(/). 
 Saving for 15. Provided always. That nothing herein contained 
 
 (a) By s. 9, 10, 12, &c. 
 (6) See ^. 12. 
 
 (c) s. 10. 
 
 (d) That is shall refuse or mlfully neglect to make answers ; 
 but an answer which is evasive may be considered no answer. — 
 See re Bradbury, 23 L. J., C. P. 26. 
 
 (e) s. 10, 12. 
 
 (/) By s. 9 of the Amended Act, 18 & 19 Viot. c. 124, this 
 clause is thus amended : 
 
 "IX. Any person refusing or wilfully neglecting to comply 
 with any such requisition, or with any order of the board, made 
 under the provisions of this Art or the principal Act, or de- 
 stroying or withholding any dociunent required to be produced 
 or transmitted by him, shall be taken to be 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 Court or to any judge thereof, 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 prin- 
 cipal Act." 
 
Powers of the Board. 129 
 
 shall extend to give to the said board or their inspeotors persons 
 any power of requiring from any person holding or claiming 
 claiming to hold any property whatsoever adversely to adversely 
 any charity (a) or ttee or discharged from any ohari- *? c^iari- 
 table 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 aflfect the same (6). 
 
 Power of the Board to give direction. 
 16. The said board shall receive and consider all Board to 
 applications which may be made to them by any trustee entertain 
 or other person having any concern in the management or applioa- 
 administration of any charity (c), for their opinion, advice, ^'o^^ ^°\ 
 or direction respecting such charity, or the management ''^^''' °P'' 
 or administration thereof, or the estate, funds, property, "H™ "'^ 
 or income thereof, or the application thereof, or any ques- *'''"''^- 
 tion or dispute relating to the same respectively (<?), aud, 
 if they so think fit, may upon any such application give 
 such opinion or advice as tiiey think expedient (e), sub- 
 ject to any judicial order or direction which may be 
 subsequently made or given by a competent court or 
 judge {f) ; and such opinion or advice shall be in 
 writing, signed by two or more of the said commis- 
 sioners, and sealed vrith the seal of the said commission: 
 and every trustee and other person who shall act upon Persons 
 or in accordance with the opinion or advice given by the acting on 
 said board shall in respect of so acting be deemed and advice of 
 taken, so far as respects his own responsibility, to have Ixjard to be 
 acted in accordance with his trust [g), and no such "idenini- 
 
 (a) That is, for his ovn benefit. 
 
 (5) They may obtain the information from amy other person, 
 which shows that they may entertain questions as to the pro* 
 perty so withheld from charities. 
 
 (e) Where the property is vested in any other persons than the 
 persons acting in the administration of the fands (s. 48), as 
 governors of chartered charities : stra/agers have no right to apply, 
 
 (d) This embraces any applications as to new schemes for 
 the regulation of charities. 
 
 (e) The application being for direction, the direction is given 
 by way of advice: which, as it may be safely followed, has 
 practically all the effect of a decree, until reversed in Chancery ; 
 under this clause the board may practically frame schemes. 
 
 (/) There being no breach of trust in following the advice, 
 the trustees will not have to pay costs. See an instance of 
 reversal, Chelmsford Schools case, 24 L. J., Ch. 742. 
 
 (^) Thus, if he have made an application of the trust funds 
 
 3 
 
130 
 
 Notice of 
 legal pro- 
 ceedings 
 as to any 
 charity by 
 
 Charitable Trusts Act, 1853. 
 
 judicial order or direction subsequently made or given 
 by any court or judge shall have any such retrospeotiva 
 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 hoard (a) : 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 the said board, if such trustee or 
 other person have been guilty of any fraud or wilful 
 concealment or misrepresentation in obtaining such 
 opinion or advice (6). 
 
 Power of Board to direct or delay suits. 
 
 17. Before any suit, petition, or other proceeding (not 
 
 being an application in any suit or matter actually 
 
 pending) (c) for obtaining any relief, order, direction (d), 
 
 concerning or relating to any charity («), or the estate, 
 
 not in accordance with the strict rules of eqnity or to the ey 
 pria doctrine. 
 
 (a) Substantially and fairly so ; of course in a court of equity 
 no strict or strained interpretation would be placed upon their 
 conduct. 
 
 (6) There is a similar exception in Lord St. Leonard's Act, 
 22 & 23 Yict. c. 35,, s. 31 . Such a protection does not apply 
 as to payments or acts for the benefit of the trustees them- 
 selves. Foster v. Mc Makon, ll Ir. Eq. Rep. 287. 
 
 (c) That is, at the time of the application. 
 
 (d) As to get money paid into court under the Trustees' 
 Relief Act, 10 & 11 Vict. c. 96, paid out to the trustees of a 
 charity and applied thereto. But it has been held that trustees 
 may pay money into court under that Act, without' the order of 
 the board, vide ante, p. 116. The words are the same as in 
 EomUly's Act, as to which vide ante, p. 104., 
 
 (e) That is only concerning a charity. The words cannot be 
 deemed to restrain proceedings concerning the distribution of 
 assets, or the division of an estate in which some charity or 
 charities may be partly interested, and as to which questions of 
 administration arise as to abatement or otherwise. This is one 
 reason why executors or trustees may pay money into court 
 under the Trustees' Relief Act, without the sanction of the 
 board ; 'for they do so at the risk of costs if there is no doubt or 
 difficulty ; and if there be doubt or difficulty it must arise from 
 adverse claims and because of other interests than those of tlie 
 charity being involved. For the same reason the restriction 
 cannot apply to applications by executors or trustees under Sir 
 G. Turner's Act, 13 & 14 Yict. u. 35, or Lord St. Leonard's Act 
 
Powers of the Board. 131 
 
 funds, property, or income thereof (o), shall be com- any person, 
 menoed, presented, or taken, by any person whomsoever, except the 
 there shall be transmitted by such person to the said Attorney- 
 board notice in writing of suoh proposed suit, petition, General, to 
 or proceeding (6), and suoh statement, information, and J'® ?^™ ?° 
 particulars as may be requisite or proper, or may be -ooara. 
 required from time to time by the said board, for ex- 
 plaining the nature and objects thereof; and the said 
 board, if upon consideration of the circumstances they 
 so think fit, may, by an order or certificate signed 
 by their secretary, authorise or direct any suit, petition, 
 or other proceeding to be "bommenced, presented, or 
 taken with respect to suoh charity, either for the objects 
 and in the manner specified or mentioned in such notice, 
 or for such other objects, and in such manner and form, 
 and subject to such stipulations or provisions for securing 
 the charity against liability to any costs or expenses, 
 and to such other stipulations or provisions for the pro- 
 tection or benefit of the charity, as the said board may 
 think proper (c) ; and such board, if it seem proper to 
 ihem, may by such order or certificate as aforesaid 
 require and direct that any proceeding so authorised 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 {d) ; and every suoh order or certificate 
 may be in such form and may contain such statements 
 and particulars as such board shall think fit ; and (save Courts not 
 as herein otherwise provided) (e) no suit, petition, to entertain 
 or other proceeding for obtaining any suoh relief, proceedings 
 order, or direction as last aforesaid shall be entertained as to chari- 
 er proceeded with by the Court of Chancery, or bj^any ties, except 
 court or judge, except upon and in conformity with an ^von certi- 
 ficate of the 
 
 Board. 
 
 for relief of trustees, 23 & 24 Vict. c. 35, «. 2, where such 
 applications relate not merely to a charity, tut to the general 
 administration of an estate, concerning, inter alia, some legacy 
 or legacies to a charity. 
 
 (o) Not adverse to the charity ; see the proviso post. 
 
 (6) See as to this the general minute, No. iv. post. 
 
 (c) And if the original promoters refuse, the board may by 
 s. 20, resort to the At.-G. See above as to the nature of auoh 
 application, see s. 28 and s. 32 ; and see the administrative 
 powers of the Board in such cases under Act of 1860, s. 2. 
 
 (d) To afford an opportunity for arrangement, as the court 
 sometimes does, in suits instituted by or with the assent of the 
 At.-Gr. See At.-O. v. Merchamt Tailors' Compamy, 5 L. J., 
 Ch. 62. (e) That is, in the next section. 
 
132 
 
 Cha/ritahle Trusts Act, 1853. 
 
 for the 
 Attorney- 
 General 
 acting ex 
 officio. 
 
 Board may, 
 upon tile 
 report of an 
 inspector, 
 authorise 
 proceedings 
 where no 
 • notice has 
 heen given 
 to them, 
 and may in 
 other cases 
 cause local 
 inquiries 
 by their 
 inspector. 
 
 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 (a). 
 
 18. Provided always. That it shall be lawful for her 
 Majesty's Attorney-General ex officio to make such 
 applications, and take and prosecute such proceedings 
 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 (b), and that nothing in this Act contained 
 shall be. construed as dispensing with the fiat or allow- 
 ance of her Majesty's Attomey-G-eneral, with respect to 
 any proceeding not being an application^ under the juris- 
 diction created by this Act were such fiat or allowance 
 was necessary before the passing of this Act (c). 
 
 19. Provided also, That where upon any report of any 
 inspector under this Act {d) or otherwise (e) it appears 
 to the said board that any suit, petition, or other pro- 
 ceeding concerning or relating to any charity, or the 
 estate, funds, property, or income thereof (/), would be 
 propdr or expedient, it shall be lawful for the said board 
 by their order to authorise or direct such suit, petition, 
 or proceeding to be commenced, presented, or taken, 
 and to give such directions in relation thereto as the 
 said board may think proper ; and thereupon sudi suitj 
 petition, or proceeding may be commenced, presented, 
 or taken accordingly {g), without any such previous 
 notice in writing as hereinbefore mentioned (A) ; and 
 the said board, before giving any such opinion, advice, 
 or direction upon any such application as aforesaid, or 
 
 (a) That is, fi-ee from any trust for his otto benefit ; see 
 the same provisc^ s. 15 and s. 41. 
 
 (6) See s. 42. Attorney-General may proceed without rela- 
 tors. /« re Bedford Oharity, 2 Swan. 620. At.-G. v. Atk- 
 Iwriham, 1 S. & S. 394. 
 
 (c) As under Eomilly's Act, or the Trustees' Act, see 10 
 Hare, App. xxxix. 
 
 (d) Vide ante. 
 
 (e) Without any notice to them, under clause 171 of a suit 
 actually being proposed. 
 
 (/) Which may be to recover property from persons claiming 
 to hold it adversely to the charity ; for their own benefit. 
 
 {g) If the parties directed decline, the board by next section 
 may put the At.-G. in motion. 
 
 (A) s. 17. 
 
Powers of the Board. 133 
 
 making any suoi 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 (o) ; and the said board 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 de- 
 posited, and consider any statements or objections which 
 . may be transmitted to them in relation thereto. 
 
 20. In any case in which it shall appear to the said Power for 
 board that the institution of legal proceedings is requi- Board to 
 site or desirable with respect to any charity, or the "ertiiy cer- 
 estates, fands, property, or affairs thereof (i), and that tain cases 
 under the circumstances thereof it is desirable that such ?}^ 
 proceedings should be instituted by the Attorney- „ °r^^' 
 General (c), it shall be lawful for the said board, if they 
 so think nt, 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 requisite or proper for the explanation of such 
 case(<2); and thereupon the saidAttorney-Genera],if upon 
 consideration of the circumstances he think fit, shall 
 institute and prosecute such legal proceedings as he 
 shall consider requisite or proper under the circum- 
 stances of such case, by information or petition in the 
 Court of Chancery, or by application to a judge thereof 
 at chambers (e), or to a district court of bankruptcy, or 
 county court (f) under the jurisdiction given by this 
 Act {g). 
 
 (a) See s. 15, which does not preclude inquiries as to adverse 
 claims. 
 
 (5) As to recover the property thereof, withheld by persons 
 claiming adversely. 
 
 (c) As itt Philpott V. St. George^ s ffo^ital, 28 L. J., Oh. 
 657, where it turned out that through the interests of the 
 charity not having been duly represented, there had been a 
 decree against it. 
 
 (d) Not its proof. The "statements" would afford or sug> 
 gest the means of proof; and the "case" would be of course 
 nothing without them. 
 
 (e) See s. 28. 
 (/) See s. 32. 
 
 (gr) So now by the Act of 1860, s. 2, certain direct admini- 
 strative powers vested in the commissioners in such cases as 
 they might certify to the Attorney-General under this clause. 
 
134 
 
 Charitable Trusts Act, 1853. 
 
 Board may 
 sanction 
 compro- 
 mise of 
 claims on 
 behalf of 
 charity. 
 
 Power of Board to sanction compromises, 
 23. (o) If in any case it appear to the trustees or 
 persons acting in the administration of any charity that 
 any claim or demand or cause of suit (6) against ally 
 person in relation to such charity (c) may, with advan- 
 tage to the charity, or should, under the special circum- 
 stances of the case, he 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 18 
 alleged to exist (d), may, with the consent of the trustees 
 or persons acting in the administration of such charity, 
 submit to the said hoard a statement and proposal for 
 such compromise or adjustment; and if it appear to the 
 said board after such inquiry in relation thereto by one 
 of their inspectors, as they may deem requisite, or other- 
 wise, 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 com- 
 promise or adjustment as aforesaid, such agreement shall 
 be a final bar to all actions (e), suits, claims, and de- 
 mands by or on behalf of the charity concerned therein, 
 
 (a) This section is transposed into what seems its proper 
 place. So of the two next sections. 
 
 (6) At law or equity, see the word " actions '' post (e). This 
 shows that the scope of the action comprises claims against 
 strangers, for claims against tnistees would be in equity. 
 
 (c) Either a oo-trustee who has committed a breach of trust or 
 a party holding property adversely to the charity. The Amend- 
 ing Act (s. 31) provides — "The twenty-third section of the 
 principal Act shall extend to authorise a compromise or adjust- 
 ment of any claim, demand, or cause of suit against any 
 charity, 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," — which plainly shows that the 
 provision of the above section in the principal Act comprises 
 adverse claims. 
 
 (d) This again shows that the scope of the action embraces 
 adverse claims. 
 
 (e) At law, which would be by tnistees against strangers 
 holding property adversely. 
 
Powers of tJie Board. 135 
 
 in respeot to the cause of action, suit, or matter in 
 respect to which such compromise or adjustment shall 
 have been made. 
 
 Power of Board to sanction dismissals of officers. 
 
 22. (a) It shall be lawful for the board, upon proof Commis- 
 to their satisfaction that any schoolmaster or school- sioniers to 
 mistress (i) or other officer (c) of any charity (d) has authorise 
 been negligent in performing his or her duties, or that ti'ostees to 
 he or she is untit or incompetent to discharge them pro- '■'^oTe 
 perly, either from immoral qpnduct, age, or any other "'""^'^s- 
 cause whatsoever (e), to empower the trustees of such 
 charity to remove such schoolmaster or mistress or other 
 officer (/), and to charge the salary of his or her succes- 
 sors, 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 im- 
 pose such conditions 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 necessary in order 
 to such removal [g). 
 
 [The Act of 1860, s. 13, adds a power for magistrates 
 on the certificate of the board, and complaint of the 
 trustees, to give summary provisions of school buildings 
 and property held over by schoolmasters or officers of 
 charities. See the Grrammar Schools Act, 3 & 4 Vict. 
 e. 77, containing similar provision.] 
 
 (a) These seetlona (21 and 22) are transposed, so as to put 
 them in what appears their proper order with reference to 
 subject matter. 
 
 (6) Vide ante, p. 88. 
 
 (c) This iuclndea any officer of a charity other than a preacher 
 or minister of a chapel ; chapels and colleges being excepted. 
 It would include the master of a hospital. 
 
 {d) See the interpretation clauses and the exceptions, s. 62. 
 
 (e) Which would justify dismissal in most cases, vide ante, 
 
 P- 88. 
 
 (/) They may do so — on their own risk — without this 
 jiuthority, the object of which is to save them from responsi- 
 bility. 
 
 (g) See Wkistony. the Dean of Rochester, 7 Hare, 532, as to 
 the power of the visitor. — The Act of 1860, ti. 14 makes a 
 further provision for the removal of schoolmasters and mis- 
 tresses. See also the Grammar Schools Act, 3 & 4 Viet. u. 77. 
 
136 
 
 Charitable Trusts Act, 1853. 
 
 Board may 
 
 Eanction 
 
 building 
 
 working 
 minoB, 
 doing re- 
 pairs and 
 improve- 
 ments; 
 
 and may 
 anthorise 
 the applica- 
 
 Power of Board to sanction leases. 
 21. (o) If in any case it appear to the truateeaor 
 persons lor the time being acting in the administration 
 or management of any charity (fi), or the estates or 
 property thereof, that any part of the charity lands or 
 estates may be beneficially let on building, repairing, 
 improying, 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 any part of the charity estates, 
 or that any new buuding 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 (c), 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 (d) ; 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 modifica- 
 tions or alterations) would be beneficial to the charity, 
 to make such order under their seal for and in relation 
 to the granting of such leases, or the doing of any other 
 such acts as aforesaid, and any circumstances connected 
 therewith, as they may think fit (e), although such 
 leases or acts respectively shall not be authorised or 
 permitted by the trust; and the said board, by any such 
 order, may authorise the application of any monies or 
 funds belonging to the charity for any of the purposes 
 or acts aforesaid, and, if necessary, may authorise the 
 trustees to raise any sum of money by mortgage of all or 
 
 (<c) Transposed with s. 23 to pat it in its proper place, with 
 reference to the following clauses, im pari laatenA. 
 
 (b) See 8. 48. 
 
 (c) Yide ante, p. 103. 
 
 (d) See in the Act of 1855 a provision for new schemes as to 
 letting. 
 
 (e) And by the Aot of 1860, s. 15 the power is to extend to 
 the application of any like monies to any other purpose or 
 object, which the board shall consider to be beneficial to the 
 charity or the estate or the objects thereof, and which shall not 
 be inconsistent with the trusts or intentions of the foimdeis. 
 
Fowers of the Board. 137 
 
 any part of the charity estates ; [provided that com- tion of the 
 pulsory provi^ons he reserved in every such mortgage charity 
 for the payment of the principal money horrowed hy funds or 
 annual instalments, and for the redemption and re- the raising 
 conveyance of the mortgaged estates, within the period of money on 
 of not more than thirty years.] (a). mortgage 
 
 ' ' -' ^ ' for those 
 
 Power of Board to authorise sales or exchanges, ^c, purposes. 
 
 24. Upon application to the said hoard hy the trustees Board, 
 or persons acting in the administration of any charity, under spe- 
 representing to the said hoard that, under the special cial oiroum- 
 circumstances of any land belonging to the charity, a stances, 
 sale or exchange of such land can be effected on such ^ay autho- 
 terms as to increase the income of the charity, or would ™8 ^*'^ '"' 
 otherwise be advantageous to the charity, such board exchange 
 may, if they think fit, inquire into such oircura- "'<*»"*? 
 stances (6), and if after inquiry they are satisfied that *° ^' 
 the proposed sale or exchange will be advantageous to 
 the charity, may authorise the sale or exchange, and 
 give such directions in relation thereto, and for securing 
 the due investment 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 (c). 
 
 (a) The Act of 1855 provides (s. 30) — " So much of section 
 twenty-one of the principal Act as requires a compulsory pro- 
 vision to be inserted in every mortgage for the payment of the 
 principal money horrowed hy annual instalments, and for the 
 redemption and reconveyance of the mortgaged estates within 
 the period of not more than thirty years, is hereby repealed ; 
 hut the hoard authorising any mortgage to be made of any 
 charity estate shall make suoh 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 by such yearly or other in- 
 stalments within thirty years from the date of the security, as 
 to the said board may seem fit, or to form an accumulation or 
 einking 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 accumulation 
 of such fiind, and the trustees for the time being, or persons 
 administering the charity, shall carry such order into effect. 
 
 (5) By an inspector, if convenient. 
 
 (c) See the Act of 1855. 
 
 Application of Trust Property. — Testator devised a house 
 to trustees in trust for, and appointed the same to the use of, 
 a female charity school. The premises became in lapse of time 
 ruinous, and not suited for the purpose of a female school, but 
 
138 Gliantable Trusts Act, 1853. 
 
 Leases, 26. The leases, sales, exchanges, and other trans- 
 
 sales, &c. actions authorised hy such hoard under the powers of 
 authorised this Act shall have the like effect and validity as if they 
 ty the had been authorised or directed by the express terms of 
 Board to be the trust affecting the charity. 
 
 valid. 25. The said board shall have authority, upon such 
 
 Board may application as aforesaid (o) to authorise the sale to the 
 authorise owners of the land charged therewith of any rentcharge, 
 the re- annuity, or other periodical payment charged upon laad 
 demption and payable to or for the benefit of any charity, or 
 of rent- applicable to charitable purposes, upon such terms and 
 charges. 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 lor 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. 
 
 Power of Board to sanction purchases of land. 
 Trustees of 27. Where any land shall be required for the erection 
 charities or construction of any house or building with or without 
 enabled to garden, playground, or other appurtenances, for the 
 purchase purposes of any charity, [and the trustees of the charity 
 sites for shall be legally authorised to purchase and hold such, 
 building jgjj^ ^j^-j^ ^^j j^y ^gason of the disability of any person 
 rem own- jjg^^yjjjg ^^ estate or interest in such land, or of any 
 ers, under ° i j 
 
 were valuable for commercial purposes. There was no fund for 
 repairing the house. Opon a petition presented by the trustees, 
 under the 52 Geo. III. c. 101, the court refused to refer it to 
 the master to inquire whether it would be for the benefit of the 
 charity to sell the house, but granted a reference whether it 
 would be for its benefit to let the house, and apply the rent in 
 procuring a suitable place for carrying on the school. — IBs the 
 Suir Island Female Charity School, 3 J. & L, 171. 
 
 (a) See s. 24. 
 
 (6) Under their trust. There is no disability in law except 
 as to corporations. See the Act of Gfeo. II., which excepts 
 purchases for charitable uses. Therefore in the Amending Act 
 these words are to be omitted, and it is enacted that " incor- 
 porated trustees of any charity shall be competent to pui'chase 
 and hold lands for the purposes mentioned in the same section 
 without licence in Mortmain," alluding to the statute of 
 7 & 8 WiU. III. c. 37. 
 
Powers of the Board. 139 
 
 defect in title thereto (a), a valid and perfect assurance disability, 
 of tlie same land cannot be made to the trustees of the &c., accord- 
 charity, with the sanction of the said board (6) (such ing to the 
 sanction to be certified under the , hand of their secre- provisions 
 tary), to titke and purchase such land according to the °^ Lands 
 proyisions of " The Lands Clauses Consolidation Act, Clauses 
 1845 " (c) ; and for that purpose all the clauses and J^o^olida. 
 provisions of the last-mentioned Act with respect to the ^ q?c '' 
 purchase of lands by agreement (d), and with respect to 
 the purchase money or compensation coming to parties 
 having limited interests (e), or prevented from treat- 
 
 (a) Such as would prevent a court of equity irom forcing the 
 estate on an unwilling purchaser. Pell v. De Winter, 27 
 L. J., Ch. 230 ; Ashtmi v. Wood, 3 Smale & Giff. 436. 
 
 (6) Such sanction is not necessary to the purchase in the 
 class of cases supposed ; but this clause provides farther facili- 
 ties than by law were before afforded to remove difficulties and 
 cure defects of title ; and when this clause is to be applied, the 
 sanction of the board is necessary. 
 
 (c) See Lord Grosvenor v. Hampstead Junction Railway 
 Oompcmy, 1 De Gex & J. 446 ; purchase of land by a charity 
 to build upon. See as to taking lands of a rectory, Ex parte 
 Mectm- of Bredicot, 17 L. J., Ch. 414 ; In re Leeds Railway 
 Compcmy, 19 L. J., Ch. 329. As to purchase from a dean 
 and chapter, see Ex parte Dean of Gloster, 19 L. J., Ch. 400 ; 
 Ex parte Ward, 17 L. J., Ch. 249 ; 2. De Gex v. Smale, 10. 
 As to purchase of estate of lunatic, see In re Taylor, 1 Mac. , 
 V. 320. As to pxirchase from a vicar, see Ex parte Vicar of 
 E. Derham, 21 L. J., Ch. 477. 
 
 (d) The purchase not being compulsory, a^s in the case of a 
 railway company, of course there is no necessity for the power 
 of arbitration and assessment of compensation. See In re 
 Perils Estate, 1 Sm. & Gif. 5. Neither is it necessary to 
 resort to the Court of Chancery, as to the investment of the 
 proceeds in the case of purchase from a charily, which can be 
 a>uthorised by the commissioners under other powers and pro- 
 visions of the Act by analogy to the jurisdiction of Chancery in 
 authorising sales of trust estates. In re Carron Estate, 19 L. 
 J., Ch. 376. 
 
 (e) As to the practice under the Act in cases of purchases 
 from tenants for life, see Ex pan-ie Eollick, 16 L. J., Ch. 71 ; 
 In re Lancashire Railway Company, 19 L. J., Ch. 56. It 
 should seem, however, that it would be within the power of the 
 commissioners to accept such title as they think Sufficient and 
 satisfactory, coupled with s. 16, as to their power of restraining 
 any application to Chancery, so far as the interests of the charity 
 are alone concerned, and in that view the above provision is iu' 
 their aid, and enables them to have recourse to the machinery 
 
140 Charitable Trusts Act, 1853. 
 
 ing {a), or not making a title, and also with respect 
 to conveyances of lands (J), so far as the same clauses 
 and provisions respectively are applicable to the cases 
 contemplated by this provision (c), shall be incorporated 
 in this Act ; and in all oases contemplated by this pro- 
 vision, the expression "the Special Act," used in the 
 said clauses and provisions of the said " Lands Clauses 
 Consolidation Act" shall be construed to mean this Act; 
 and the expression "the promoters of the undertaking," 
 used in the same clauses and provisions, shall be con- 
 strued to mean the trustees of the charity in question. 
 
 Jurisdiction in Chancery in cases above thirty pounds^ 
 In cases of 28. Where the appointment or removal of any 
 charities, trustee {d), or any other relief, order, or direction relate 
 the incomes jng to any charity (e) of which the gross annual income for 
 of ^™h tjjg time being exceeds thirty pounds (/), shall be con- 
 exceed ovi'if 
 
 of the Land Glauses Act in cases which they deem subject . 
 to doubt and difScuIty. The enactment is not compulsory. 
 The Commissioners of Charities, however, are in a different 
 position from that of a railway company, only as regards the 
 interests of the charity ; and the scope of the provisions of the 
 Lands Clauses Act bear reference to the protection of the inte- 
 rests of the parties entitled to the estate purchased by the 
 charity. The course in such cases is payment of the purchase 
 money into the bank, where it awaits the order of the court on 
 the petition of the parties interested. Ex parte Thwaton, 
 17 L. J., Ch. 167 ; Jonea v. Lewia, 19 L. J., Ch. 163 ; 
 2 Mao. & G. 163; Ex parte Hwrbormgh, 23 L. J., Ch. 210. 
 
 (a) Tide p. 139, n. (a). 
 
 (S) Vide p. 139, ii. (6). 
 
 (c) TUe p. 139, n. (d). 
 
 (d) See the Trustees Acts 1850 and 1855, vide ante. There 
 is no express provision in the Charitable Trusts Act as to 
 appointment of trustees ; the subject is left to the jurisdiction 
 of the Court of Chancery, in general, or under those Acts, iCon- 
 troUed by the provision empowering the Charity Board to re- 
 strain application to the court (s. 17), and to give advice and 
 direction, and by this clause. 
 
 (e) These are the most general words which could be adopted 
 (see Romilly's Act) ; they comprise every possible case, and 
 include making of new schemes (s. 36) ; and in all those oases 
 in which by s. 17 no application can be made to the court 
 without the sanction of the board. There is by this clause a 
 special jurisdiction created in cases above £30, viz., a juris- 
 diction at chambera in Chancery. 
 
 (/) To be determined by the board for that purpose, vide 
 
Jurisdiction in Ohaneery. 141 
 
 sidered desirable (a), and such appointment, removal, Master of 
 or other relief, order, or direction might now be made KoUs and 
 or given by the Court of Chancery, in respect either of Vice-Chan- 
 its ordinary or its special or statutory jurisdiction, or by cellors, 
 the Lord Chancellor intrusted with the care and com- «Po° appli- 
 mitment of the custody of lunatics, it shall be lawful nations to 
 for any person authorised in this behalf by the order or ™f™ ?■' 
 certificate of the said board (6), or for the Attorney- ^^'7/^11 
 
 General (c), to make application (without any informa- .° *^!,„-„^ 
 A' fn i'j.' \ ^^1 -m*- \ -> -1 1^ 11 same luns- 
 
 tion, bill, or petition,) to the Master ot the Rolls or one ^if^i„j^ ^g 
 
 of the Vice-ChanceUors sitting at chambers, for such tj,g Court 
 order, direction, or relief as the nature of the case may of Chancery 
 require (d) ; and the Master of the RoUs or the Vice - or Lord 
 Chancellor, to whom any such order shall be made, shall Chancellor 
 and may proceed upon and dispose of such application now has 
 in chambers, save where he may think fit otherwise to upon in- 
 direct (e), and shall and may have and exercise there- formation, 
 upon ajl such jurisdiction, power, and authority, and *"• 
 make such orders and give such directions in relation 
 to the matter of such application, as might now be exer-. 
 cised, 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-Chancel- 
 lors respectively shall, in relation to such applications 
 as aforesaid, and the proceeding 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 matters shall be heard and 
 investigated by themselves and their chief clerks respec- 
 tively, and such other powers and authorities as by the 
 
 Act of 1860, s. 2 and s. 11, making the limit to £50, and giving 
 the commissioners power to make orders. 
 
 (o) By the trustees and the board. If the board do not 
 think so, they will not give a certificate. 
 
 (6) Sees. 17. 
 
 (c) Without such order, a. 19. 
 
 (d) Which no doubt practically will be indicated by the board, 
 or their opinion on which will appear to the judge by the cir- 
 cumstances of the application. The board are supposed to have 
 considered the matter, and formed an opinion that certain relief, 
 order, or direction is desirable. Vide supra. 
 
 (e) As that it shall be heard in court, or referred to the chief 
 clei-k for inquiry. But see Act of 1860, s. 2, giving the com- 
 missioners direct powei's of making orders in such cases. 
 
142 
 
 Oha/ritahle Trusts Act, 1853. 
 
 15&16 
 Vict. c. 80. 
 
 Provision 
 as to chari- 
 ties within 
 the juris- 
 diction of 
 the Conrt 
 of Chancery 
 of the 
 County Pa- 
 latine of 
 Lancaster. 
 
 Act of the last session of Parliament, chapter eighty (o), 
 are vested in or authorised to be exer(5ised hy them at 
 chambers, and the provisions of the said Act applicable 
 to orders made by the Master of the Kolls or any of the 
 Vice-Chancellors at chambers (J) 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 con- 
 sent as aforesaid (o), the determinations of the Maste* 
 of the Rolls and Vice-Chancellors respectively upon and 
 in relation to such applications as aforesaid shall not be 
 subject to appeal in any case where the gross annual incomer 
 of the charity does not exceed one hundred pounds {d) : 
 Provided also, that it shall be lawful for the Master of the 
 Rolls or any Vice- Chancellor, where, under the circum- 
 stances 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 (e), shall be filed or 
 presented and prosecuted as now by law required, and 
 to abstain from further proceeding on such application. 
 
 29. The jurisdiction created and given by this Act to 
 the Master of the Rolls and the Vice-Chancellors sitting 
 in chambers, upon any application to them respectively 
 as aforesaid (/), shall extend concurrently to and may 
 be 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 [g), 
 as to every charity within the jurisdiction of the Court 
 of Chancery of the said county palatine, whose gross 
 
 (a) The Chancery Procedure Amendment Act. 
 (6) Including provision as to appeal; aa to which see the next 
 proviso. 
 
 (c) Vide Appendix. 
 
 (d) See Act of 1860 as to orders of commissioners in such 
 cases, and appeal thereupon. ' 
 
 (e) The jurisdiction under Eomilly's Act is discretionary. 
 Ex pwrte Sees, 3 Vesey & Beames, 11, and only extends to 
 clear cases of mere breach of trust. So, under the Trustees' Act 
 or Turner's Act. To declare a trust, or a right adverse thereto, 
 there must be a bill or information ; Hutchinson v. Stephens, 
 5 Sim. 498 ; Walton v. Nerry, 6 Simon, 328. 
 
 (/) By the preceding section, 28. 
 
 (g) Who may obtain the direction and advice of the court by 
 special case under Sir G. Turner's Act, vide ante. See Temple 
 V. The Ecel. Com.., 23 L. J., Ch. 673 ; 3 De Gex M. & G. 418. 
 
Oounty Court Jurisdiction. 143 
 
 annual income forthe time being exceeds thirty pounds (a), 
 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 
 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 pro- 
 ceeding, and the fees to be taken in respect of proceed- 
 ings under this Act. 
 
 30. Provided always. That the provisions of this Act Provisions 
 applicable to any charity the gross annual income as to ehari- 
 ■whereof exceeds thirty pounds shall extend to any ties exceed- 
 charity established or administered or applicable to or ™8 ^^^- V^^ 
 for objects or purposes within the City of London, the annum to 
 gross annual income whereof does not exceed thirty ®? ? . . 
 pounds, in like manner as if such income exceeded that ? ^ '^^ "? 
 
 *™°"°*- exceeding" 
 
 31. It shall be lawful for the Lord Chancellor, with 3o^_ ' 
 
 the advice and consent of the Master of the Rolls and t ', nj,.-. 
 Vioe-ChanceUors, or any two of them, to make and issue g^^^y ^^jj 
 general rules and orders {b), for regulating the mode and ^jjg advice 
 form of applications at the chambers of the Master of the of Master 
 Rolls and Viee-Chancellors respectively under this Act, of the Kolls 
 and the proceedings thereon, and for determining in and Vice- 
 what cases and under what conditions and restrictions Chaucel- 
 the determinations of the Master of the Rolls and Vice- lors, or two 
 Chancellors respectively upon or in relation to such of them, to 
 applications shall be subject to appeal, and the fees and ™ake gene- 
 allowances to solicitors of the Court of Chancery, and the '^^ orders, 
 fees to be payable in money or by stamps to the officers 
 of the said court in respect of such applications and pro- 
 ceedings 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. 
 
 Jurisdiction in cases not above thirti/ pounds. 
 
 32. Where any charity of which the gross annual District 
 income for the time being does not exceed thirty pounds (c) courts of 
 shall be established or administered or be applicable bankruptcy 
 
 and ooimty 
 
 (a) Fifty. See Act of 1860, b. 2. 
 
 (6) Fide Appendix, "post. 
 
 (c) Fifty. See Act of 1860, s. 2, giving the board power to 
 make orders in such cases. The amount is to be determined by 
 the board for this purpose. 
 
144 Charitable Trusts Act, 1853. 
 
 courts to wholly or partially (o) to or for objects or purposes 
 
 have juris- withiii the district, or any (6) two or more of the districts 
 
 diction in of any (c) district court of bankruptcy or of any county 
 
 cases of court or courts holden under the Act of the session holden 
 
 charities ju the ninth and tenth years of the reign of Her Majesty, 
 
 *^*™'"'™f^ chapter ninety-five, and the appointment or removal of 
 
 of which do ^jjy trustee, or any other relief, order, or direction what- 
 
 3W ^^ow ^"^^'^"^ concerning such charity {d) shall be considered 
 
 jqA'- desirable (e), ana such appointment or removal, or other 
 
 relief, order, or direction, (f), might now be made or given 
 
 by the Court of Chancery in respect either of its ordin-i 
 
 ary or its special or statutory jurisdiction {g) or by the 
 
 Lord Chancellor intrusted with the care and commitment 
 
 of the custody of lunatics, it shall be lawful for any 
 
 person authorised in this behalf by the order or certifi-. 
 
 cate of the said board (A), 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 (i;; and such district or county 
 
 court shall entertain such application, and shall hear the 
 
 (a) The charity, &o., or the persons entitled to the benefiis 
 of it, may, as in parochial charities, be partly in one district 
 and partly in another, 
 
 (5) The county courts have jurisdiction in cases of legacies or 
 bequests of residues. Pewrs v. WiUon, 6 Exch. 833, 20 L. 
 J., Ex. 381 : so that in cases under ,£50 the county court 
 judge may adjudge a legacy to a charity, and also administer it. 
 
 (c) Vide same words, s. 28. They include the making of 
 new schemes, s. 30. 
 
 (d) The same words as in Bomilly's Act, as to which vide 
 Treatise, p. 104. 
 
 (e) In the opinion of the board, who otherwise will not 
 allow of an application, see s. 17 and the subsequent part of this 
 clause. Dnder Romilly's Act, Turner's Act, the Trustees' Act, or 
 by bill or information. But if the money is in court under the 
 Trustee Relief Act, there may be an application to Chancery 
 without the sanction of the board. Vide ante p. 116. 
 
 (/) Vide s. 17. If necessary, the board may direct an appli- 
 cation to the Court of Chancery, o. 35. These sections are 
 enabling, not restraining. 
 
 (g) Without such sanction. See s. 18. 
 
 (A) The nature of which will be indicated by the board. See 
 s. 28. It is not said that the order is to be conclusive, or with 
 what power of appeal. See s. 36. 
 
 (i) Accordingly, in the West Monlsey charities, the county 
 court of Surrey appointed the rector and phurehwaidens trus- 
 
County Court Jurisdiction. 145 
 
 matter in open court, and shall give suoh relief, and 
 make suoh 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 ease may require (a) ; and the clerk 
 of suoh 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 : Pro- 
 vided always, that no judge of any district or county 
 court shall be authorised 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 incon- 
 sistent or conflicting with any such decree, order, or 
 direction : provided also, that where two or more dis- 
 trict or county courts shall have concurrent juris- 
 diction with respect to any charity under this Act, no 
 application in respect of such charity shall be made to or 
 entertained by more than one of such district or county 
 courts at the same time. 
 
 33. The jurisdiction hereby created and conferred on Deputy siti 
 the county courts with respect to any charity shall not ^■^"S it 
 
 be exercised by any deputy or other person who may for """"^y 
 
 the time being be appointed to sit and shall be sitting ™^'. ••" ^® 
 J, u • J i">t to exer- 
 
 for any such judge. ^^ ■^^_ 
 
 34. Where two or more district courts of bankruptcy diction. 
 or county courts shall concurrently' have jurisdiction ^j, ^ . 
 under this Act with respect to any charity, it shall be ' 
 lawful for the said board (6) to order to which of such ^g^i^ jj^yg 
 courts any application with respect to such charity shall concurrent 
 be made ; and every such order shall be conclusive as jurisdic- ' 
 to the jurisdiction with respect to the application tlon. Board 
 referred to in such order. to direct to 
 
 which court applications shall be made. 
 
 tees. The jurisdiction of the county courts under this clause is 
 especially suited to parochial charities, or in cases of alms- 
 houses or other charities for the relief of the poor, sick or aged, 
 requiring speedy relief, as in the case of the Rugby charity 
 trustees, 9 S. & B. 214, where aged claimants on an almshouse 
 fund at an advanced age applied for increased payments, and the 
 most summary application to Chancery wOuld have been too tardy. 
 
 (a) Vide Treatise, rnite, p. 104. 
 
 (f>) On any application by letter under s. 17 for advice and 
 direction, or by letter from any person claiming the benefit of 
 the charity, vide p, 112. 
 
 a 
 
146 Act of 1853. 
 
 Board may 35. It shall be lawful for the said board (o) to direct 
 
 direct cases that any application as to any charity within the juris- 
 
 within the diction of any district court of bankruptcy or county 
 
 jurisdiction g(,„rt (6) shall be made before a judge of the Court of 
 
 a district Chancery, or as to any charity within the jurisdiction of 
 
 conrtto be *''* Court of Chancery of the county palatine of Lancaster^/ 
 
 taken either before the Chancellor or the Vioe-Chanoellor of 
 
 before a ^^^ same county palatine, or before a judge of the High 
 
 judge of the Court of Chancery, according to the provisions herein 
 
 Court of contained applicable to a charity the gross annual income 
 
 Chancery whereof exceeds thirty pounds (c), and in such case such 
 
 in the first application shall be made and may be heard and deter- 
 
 instanoe. mined accordingly, in like manner as if the gross annual 
 
 income of such charity exceeded thirty pounds {d) ; and 
 
 upon the production of the order or certificate containing 
 
 such directions or of a copy thereof (e), 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. 
 
 No order of 36. Whenever any order or decision is made by any 
 
 district or district court of bankruptcy or county court for the 
 
 county appointment or removal of any trustee of any charity, 
 
 court for or approving of any scheme for regulating or directing 
 
 theappoint- ^jjg administration of any charity, or the estate, funds, 
 
 removal of P'°P«'^*y> <"^ income thereof (/), a copy of every such 
 
 (a) On any application for advice or direction under s. 17. 
 
 (6) S. 32. The limit is now £50, Act of 1860 s. 11. By 
 B. 2 of that Act the board may determine such cases themselves, 
 on the application only of certain persons mentioned in s. 43 of 
 this Act. 
 
 (c) Fifty. Act of 1860 s. 11, 12. 
 
 (d) Fifty, vide suprct. See now Act of 1860 s. 2, power for 
 the hoard to determine such cases themselves. 
 
 (e) Before judgment, or after; for proceedings after judg- 
 ment would be upon the application, and the judgment eanno*< 
 be proceeded upon until confirmed. See next section. 
 
 (f) Only in those two classes of oases. Therefore in all 
 oliherB there is no direct proTisiou that the order must be con- 
 firmed by the board. But see s. 36. And the board have a 
 general power to direct applications to the Court of Chancery, 
 and that court could of course reverse the order, under its 
 supreme general jurisdiction. It is not said that the order of 
 the county court judges is ever to be conclusive (s. 32) ; nor on 
 the other hand is there (save under the clause) any appeal to 
 the board, though the board under s. 35 may remit an order 
 for reconsideration. See s. 38. But see s. 39, that there is to 
 an appeal. 
 
County Court Jurisdiction. 147 
 
 order or decision shall immediately upon tlie making trustees or 
 thereof be delivered or transmitted by the deputy regis- approval of 
 trar of suoh district court, or by the clerk of the county ^ scheme to 
 court, as the case may be, together with all requisite ^^ '^<>^^ 
 particulars, to the said board, for the purpose of being "^^^ f™" 
 considered by them ; and no such order or decision shaU ^ ™ ^ ^ 
 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 boafd of such copy and par- 
 tioulars. 
 
 37. In case any such order or decision as last afore- Board, if 
 said (o) of any district court of bankruptcy or county dissatisfied 
 court shall not be approved by the said board, it shall '^^'^^ *'"« 
 be lawful for such board to remit the same for reoon- oyder of 
 sideration and decision by such district or county court, "'s'""* ™ 
 with suoh remarks and recommendations thereon (if any) °°™y 
 as shall seem fit and expedient to such board (6), or, in femit Uie^ 
 the discretion of the board, to order and direct that the ggjgg jjj 
 subject matter to which such order or decision relates, re-conside- 
 together with such order or decision, shall be submit- ration, or 
 ted to the consideration and decision of a judge of the may trans- 
 Court of Chancery (c), and in such last-mentioned fer the 
 case (rf) no further proceedings shall be had or taken in matter to a 
 the district or county court with respect to the matter jadge of the 
 in question ; and in case the order or decision of the Court of 
 district or county court, on the reconsideration of any Chancery, 
 order or decision so remitted for reconsideration, be dis- 
 approved as aforesaid by the said board, such board shall 
 refer suoh orders and decisions, and tiie subject matter 
 thereof, to a judge of the Court of Chancery (e), or as to 
 any charity within the jurisdiction of the court of 
 Chancery of the county palatine of Lancaster, either 
 
 (a) See s. 36. That is only as to the matters there men- 
 tioned, vide swpri,. 
 
 (5) The county court judge must thereupon alter his judg- 
 ment. See end of clause. 
 
 (c) This they might do without the power of this clause, 
 which was required and intended to give the allematime, 
 
 (d) Or if the parties authorised to apply under s. 43 shall 
 apply to the board to determine the matter, they can now do 
 BO under the Act of 1860 s. 2. 
 
 (e) At chambers. See s. 28. 
 
 H 2 
 
14,8 
 
 Act of 185S. 
 
 to the Chancellor or the Vioe-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 all 
 such jurisdiction, povirer, and authority in relation 
 thereto (o) as in the case of a charity the gross annual 
 income whereof exceeds thirty pounds (6), and may make 
 such order in relation to the matter of sueh order or 
 decision as to him may seem proper. 
 How orders 38. Subject to any orders to be made by the Lord 
 of district Chancellor as herein-after mentioned ^c), and to the 
 or county other provisions of this Act, all proceedings to be taken 
 in any district court of bankruptcy or county court, and 
 all orders and directions to be made or given Jby any, 
 such district court or county court by virtue of the juris- 
 diction hereby created and conferred on such court (d), 
 shall respectively be subject to the same rules and 
 regulations (e), and have the same effect, and be regis- 
 tered, enforced, and executed in the same manner, as 
 the other proceedings, orders, judgments, and direc- 
 tions of the same court under its ordinary jurisdiction (/), 
 and it shall be lawful for any such district court, or for 
 
 court 
 under tMs 
 Act to be 
 enforced. 
 
 (a) That is at chambers, s. 28. 
 (6) Fifty. See Act of 1860, s. 10. 
 
 (c) See s. 45. 
 
 (d) To frame schemes, remove trustees, or any relief, order, 
 and direction, as under Komilly's Act, vide ante s. 32, and 
 Treatise, p. 104. 
 
 (e) As to appeal and otherwise. As to appeals, however, , 
 see s. 79, County Courts Act. It is difficult to apply this pro- 
 vision BO as to give an appeal to the Court of Chancery in cases ; 
 reading that clause and this in connection with s. 20, giving 
 the board a general power to direct applications to Chancery, 
 and s. 16 enabling them to restrain any application. 
 
 (/) The orders of the county court under its ordinary juris- 
 diction are either for payment of money or delivery of possession 
 of premises ; the former are enforced by execution as judgments 
 in the superior courts, 9 & 10 Vict. c. 95 s. 94, which the clerk 
 must issue on requisition ; and if he does not, the judge him- 
 self will order. Da/vis v. Rugby, 15 Jur. 1169. A verbal 
 order for payment of money suffices. Hgg v. Movie, 5 Ex. 918. 
 The order for delivery, of possession of premises the bailiff 
 executes (s. 122) : but when parties have obtained unsatisfied 
 judgments (s. 98), they may apply for a Bommons ; and if the 
 
CovMty Court Jurisdiction. l-iB 
 
 any ooTinty court, with the consent of the board (a), to 
 rescind or vary any order which shall have been previ- 
 ously 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. 
 
 39. "Where any person autnorised t<) make any appli- Appeal, 
 cation under this Act (6), (other than Her Majesty's 
 Attomey-G-eneral acting ex officio,) (c) or any other per- 
 son who may have been made a party to any proceeding 
 upon any application under this Act {d), is aggrieved by 
 or dissatisfied 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 (e), that he is desirous to appeal against the same ; 
 and if the said board think it reasonable and proper that 
 Buoh appeal should be entertained, and give a certificate 
 to that effect (y), such districtor county court shall suspend 
 any proceedings upon the order appealed against during 
 such time as the circumstanees may require {g) ; and the 
 said board, if they so think tit, may require the person 
 giving any such notice of appeal to become bound with two 
 
 party sammoned shall not attend, and shall not allege a suf- 
 ficient excuse for not attending, or shall, if attending, refuse to 
 be swam, or to disclose his means of satisfying, &c. , or shall not 
 make answer to the satisfaction of the judge, he may be com- 
 mitted for forty days (s. 99 Ex parte Weed 10 Com; B. 57). 
 And this provision appears applicable to every case that may 
 arise. 
 
 (a) S. 37. 
 
 (i) See s. 32. 
 
 {e) S. 20. 
 
 (d) That is either as the party against whom it was made, or 
 for whose supposed benefit it was made, as one of the parties 
 entitled to share the benefits of the charity. 
 
 (e) S. 17. 
 
 (/) S. 17, and see note (a), p. 150. 
 
 Ig) To enable the party to complete the securities required by 
 the next provision in the clause. 
 
150 Act 0/1853. 
 
 sufficient sureties (a), to be approved by the deputy 
 'registrar of such district court, or by the clerk of the 
 county court, as the case may he, 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 appel- 
 lant, and also (if the said board so thmk fit) to indemnify 
 the charity against the costs and expenses of or attend!-- 
 ing 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 dis- 
 trict 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 have such other effect as any 
 other appeal under this Act (6). 
 
 Jurisdiction in cases not above 501. Appeal. 
 Proceed- 40. Where any order allowing an appeal has been 
 
 ings on made as aforesaid (c), the person thereby allowed to 
 appeal. appeal shall within three calendar njonths(rf) 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 
 ma,de, with or without any declaration or directions of 
 the Court of Chancery in relation thereto, or may pro- 
 ceed in relation to the charity to which such order 
 relates as in the case of an application under this Act (e) 
 
 (ffi) The board ■will direct im vikat time. And they may make 
 the bond or condition precedent to their order allowing an 
 appeal. 
 
 (5) In saspending execution, &c. 
 
 (c) See the previous section. 
 
 (d) From the order, which may be made conditional upon 
 the security, varying the scheme, altering the apportionment, &c. 
 
 (e) That is, may hear it at chambers, s. 28. 
 
Special Jurisdictions : Provisions as to. 151 
 
 to a judge of the Court of Chancery at Chambers (a), 
 and any judge of such court sitting at chambers or in 
 open court may make or give any such orders or direc- 
 tions in relation to the matter of such order as he may 
 see fit, or the court may make such other order in rela- 
 tion to the matter of any such appeal as to the court 
 may seem just (4), and as might be made in the case of 
 a suit regmarly 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 peti- 
 tion of appeal, the order against which such appeal was 
 allowed shall be final ; and i& case any costs adjudged Bond to 
 on any such appeal to be paid by the party allowed to prosecute 
 appeal be not paid, such bond as aforesaid may be put appeal may 
 in suit, and the money to be recovered on every such be put in 
 bond shall be applied to indemnify the charity estate suit. 
 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. 
 
 Special Jurisdictions : Provision as to Adverse Claims. 
 
 41. Provided always, That no judge of the Court of No ohan- 
 Chaneery (c), nor any district court of bankruptcy, or eery judge, 
 county court {d), shall upon any proceedings under this <"^ district 
 Act (e) have jurisdiction to try or determine the title at ""^ county 
 
 (a) That is, not merely reversing the order made, but itself 
 making such order, giving such relief or direction, as it thinks 
 just. 
 
 (5) As in the first sentence of the clause mentioned. 
 
 (c) At chambers imder a. 28. 
 
 (d) Under s. 32. 
 
 ' («) The provision as to the jurisdiction of Chancery only 
 refers to jurisdiction at chambers, under s. 28. It does not 
 mean that on any proceeding directed by the board (under 
 s. 17), the court shall not have jurisdiction over adverse claims ; 
 for such could not be a proceeding "under the Act," seeing 
 that without such direction the court has jv/rhdiction ; whereas 
 it has not, but for this Act, jurisdiction in all charity matters 
 at chambers. Therefore, the board may direct suits to try the 
 title, at law or in equity, to any real or personal property, as 
 between any charity and a person holding or claiming it ad- 
 versely to the charity — i.e. for his own benefit — or to try any 
 exception as to the existence or extent of a charge or trust. But 
 it would not be within the scope of the jurisdiction of the board 
 to direct such suit, when the result would probably be to dis- 
 
152 Act of 1S53. 
 
 court, in law or in equity to any real or personal property, or 
 proceedings any term or interest therein, as between any charity or 
 under this the trustee thereof, and any person holding or claiming 
 ^ff *° i'^^ ^^"^ ^^^^ °^ personal property, terms or interest adversely 
 titles, &c. ^ g^gj^ charity (o), or to try or determine any question 
 as to the existence or extent of any charge or trust. 
 
 Special Jurisdiction : Provisions as fa. 
 
 Notice to be 42, Before any application shall he made to any 
 
 published judge of the Court of Chancery (S), or to any district 
 
 ofapplica- court of bankruptcy or. county court (e), under any of 
 
 tion for the provisions herein contained {d), for the establish-' 
 
 schemes or mgnt or alteration of a scheme, or the appointment or 
 
 mG'°t removal of any trustees or trustee (e), notice in writing 
 
 removal of "^ ^"^"^ intended application shall be given (/) in such 
 
 trustees form and manner as the said board shall have di- 
 
 under this rected {ff) ; and if the order be that such notice be 
 
 Act. affixed to or near the door of any parish or district 
 
 church, the incumbent and churchwardens 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 
 
 close a secret trust illegal, or an invalid title to the charity 
 property, or a trust not disclosed, and on the failure of which 
 the property would result to the heir or next of kin ; should 
 they do so, not fully aware of the circumstances, they must be 
 duly informed by an application under ». 17 for their advice 
 and direction. 
 
 (a) That is hand fide and really claiming, and not colourably 
 and for the mere purpose of excluding the jurisdiction of the 
 county courts. Lloyd v. Jones, 6 Com. Bench. Kep. 81 ; Lilly 
 V. Hm-vey, 5 Dowl. & Lowndes, 648. Nor is the jurisdiction 
 of the Court excluded by the mere claim ; the court must still 
 determine whether it is real, and whether title or trust really 
 does come in question. Latham v. Spedding, 20 L. J,, C. P., 
 302; Ingham v. Thompson, 19 L. J., Q. B. 189. Though the 
 decision of the judge is not conclusive on the question, which 
 may be raised by prohibition on application for committal of 
 the party for contempt, or for execution. 
 
 (6) S. 28. 
 
 (c) S. 32. 
 
 (d) S. 35. 
 
 (e) S. 36. 
 
 (/) To the parties or inhabitants of the place intrusted, 
 (ff) By ss . 17, 28, and 32 they are to give an order or cer- 
 tificate before any proceeding can be instituted. 
 
Special Jurisdictions : Provisions as to. 153 
 
 said board shall have ordered ; and in any ease in which 
 the order shall be that such notice shall be affixed to 
 any plaee, 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. 
 
 43. Every application to any judge or court under By whom 
 the jurisdiction created or conferred by any of the pro- appUoa- 
 visions of this Act (a), may be made by Her Majesty's *i°°^ ™*y 
 Attorney General (5), or, subject to the provisions afore- ^^ made, 
 said (c), by all or any one or more of the trustees or 
 persons administering or ollliming to administer, or 
 interested in (d), the charity which shall be the subject 
 of such application (e), or any two or more inhabitants 
 of any parish or place within which the charity is 
 administered or applicable (/) ; and it shall be lawful 
 for Her Majesty's Attorney-General for the time being. Attorney- 
 acting ex officio, to make application by petition to the General 
 Court of Chancery with respect to any charity (jr) under may peti- 
 the provisions of the Act passed in the fifty-second year tion nnder 
 of King George the Third, chapter one hundred and ^^,'?', 
 one (A), or under the provisions of any Act or Acts "• 
 passed (i) or to be passed, authorising the application to 
 the same court by petition according to the provisions 
 of the said Act. 
 
 (o) S. 28 and s. 38. 
 
 (&) Without the sanction of the board, a. 8. 
 
 (c) The provisions of ss. 17, 28, and 32, requiring the sanction 
 of the board. 
 
 {d} As recipients, or possible recipients, as where the selection 
 is to be from the poor inhabitants of a place all would be "inte- 
 rested." At.-G. V. Vwiam, 1 Russ. 226. See EaUr. M'Far- 
 lane, 8 Jur., N. S., 1262. 
 
 (e) Excluding (by the interpretation clause) registered 
 chapels, bat not excluding cathedral schools nor grammar 
 schools, though special provisions made by the grammar school, 
 are 4 & 5 Vict. o. 77 s. 
 
 (/) Whether "interested" or not, vide former sentence. 
 
 ^g) That is in any of the cases in which application may be 
 made under this Act; the words of which — "relief, order, and 
 direction " — are the same as in BomiUy's Act, vide ante p. 104. 
 
 (h) Sir S. BomiUy's Act, vide ante, p. 104. 
 
 (i) The Trustees Belief Act, 10 & 11 Vict. c. 96, or the 
 Trustees' Acts of 1850 and 1855. 
 
 H 3 
 
154 
 
 Act of 1853. 
 
 Statement 
 in certifi- 
 cate of 
 board of 
 the amount 
 of income of 
 any charity 
 to be suffi- 
 cient evi- 
 dence for 
 determin- 
 ing the 
 jurisdiction 
 or proceed- 
 ings under 
 this Act. 
 
 Proviso as 
 to particu- 
 lar endow- 
 ments. 
 
 Special Jurisdictions : how determined. 
 44. For the purposes of determining the jurisdic- 
 tion under this Act with respect to any charity (a), or 
 the right to appeal from the determination of a judge of 
 the Court of Chancery (6), it shall be lawful for the said 
 hoard to declare, according to such judgment as they 
 may be able to form upon the returns or statements' 
 before them in relation to any charity (c), whether the 
 gross annual income for the time being of such charity 
 does or does not exceed thirty pounds {d) or one hundred 
 pounds (as the case may require)^ and a statement in 
 any certificate or order of the said board (e) that accord- 
 ing 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 evi- 
 dence of the amount of the gross annual income of such 
 charity, for the purpose of -determining such jurisdiction: 
 or right to appeal as aforesaid (/) ; and any certificate 
 or order made by the said board under this Act, autho- 
 rising any proceeding or application concerning any 
 charity to be taken or made to any district court of 
 bankruptcy or county court (5^) or to the Court of 
 Chancery or any judge thereof (A), shall state that the 
 gross annual income for the time being of such charity 
 does not exceed thirty poxm.ds^i), or does exceed thirty 
 pounds (as the case may be) : Provided always [k], 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 any other 
 endowment for any particular or special object or pur- 
 pose arising out of or in its nature or appHoation con- 
 nected with the general objects or purposes of such 
 
 (a) Ss. 28, 39. 
 (6) S. 39. 
 
 (c) S. 10. 
 
 (d) Fifty. Act of 1860 3. 2. 
 
 (e) As required by the ss. 28 and 32 referred to. 
 (/) S. 28. 
 
 (g) S. 32. 
 
 (h) S. 28. But now fifty. See Act of 1860 s. 2. 
 
 (i) S. 32. 
 
 {k) See as to societies partly supported by voluntary con- 
 tributions, but having such special endowments for special 
 purposes, s. 62. 
 
Special Jurisdiction : Regulation of. 155 
 
 charifr^ (a), it shall be lawful for the said board, having 
 regard^ to the oircumstances of each such case, and to 
 t)i? 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 (6), be considered and treated as forming pert of the 
 general endowment of the charity, or as a separate or 
 independent charity, and such board shall frame their 
 certificate or order accordingly. 
 
 Special Jurisdiction : regulation of, 
 
 45. The Lord Chancellor shall make such orders for ^"""^ Ohaa- 
 regulating proceedings by and before the judges of °^''°''*° 
 district courts of bankruptcy and county courts under ™*^6 <»'■ 
 this Act (c), and for fixing and determining the fees to rpgf,^y 
 be taken in respect of such proceedings, as he may see prooeedSs 
 fit ; and, subject to such orders, such judges may before dis- 
 regulate the proceedings before them respectively so as triot and 
 to render them as summary and inexpensive as con- Connty 
 Teniently may be. Courts. Judges to regulate proceedings. 
 
 46. Nothing herein contained ( d ) shall diminish Seserva- 
 or detract from any right or privilege which by any tion of 
 rule or practice of the Court of Chancery, or by the con- rights and 
 struction of law, now subsists for the preference or pri^eges 
 the exclusive or special benefit of the Church of"^^''^"'', 
 England, or the members of the same church (e), in »« England 
 setuing any scheme for the regulation of any charity, ^^' 
 
 (a) Vide ante, 154, n. (i). 
 
 (6) Only for that purpose. To blend the funds would be in 
 effect to alter tbe charity, and that would require the sanction 
 of the court for a new scheme. 
 
 (c) S. 38. 
 
 (d) That is in s. 17 as to advice or direction (the only power 
 in thu Ad given to the board, and that indirectly, to settle 
 schemes) ; or in s. 28 and 32 as to jorisdictiou of judges under 
 this Act, in settling schemes, &c. 
 
 (e) See At.-O. v. Pearson, 7 Sim. 201 ; At.-O. v. Callvm, 
 1 T. & C. (N. S.) 411 ; In re JVorwich Charities, 2 Myl. & N., 
 275 ; the Chelmsford Ormmmar School case, 24 L. J., Ch. 742 ; 
 Me Ilmimstir School, 4 Jur., N. S., 444; Sherborne Grammwr 
 School case, 18 Beavan 256. The rule is that where there is 
 nothing to show what tbe reUgion ia, it is to be presumed that 
 it is to be that of the Church of England, and that when tfais 
 is so, the trustees ought to be of that church. See the Endowed 
 Schools Act of 1860, wbieh that rule leaves intact while pro- 
 
156 Acl of 1853. 
 
 speot to or in the appointment or removal of trustees, or 
 charities, generally in the application or managemeiit of any 
 charity. 
 
 Vesting Charity Property in official Trustee. 
 
 Secretary 47. The secretary for the time being of the said board 
 
 to be tiea- shall by virtue of his appointment be the treasurer 
 
 surer of of public charities (a) ; and such treasurer shall, for the 
 
 charities; purposes of taking (6), holding, conveying, assigning, 
 
 such trea- transferring, and transmitting real property (c), inelud- 
 
 surer to be jjjg leaseholds for lives or years {d), be a corporation sole 
 
 tion"^"*" '^^ *'^® ''^™® °^ '"^^^ Treasurer of Public Charities" (e), 
 
 and by that name shall have perpetual succession, and 
 
 plead and be impleaded before all courts, justices, and 
 
 others. 
 
 Vesting Charity Property : realty. 
 Land 48. Where any land, or any term or estate therein, 
 
 holden hplden upon trust for any charity, shall be vested 
 upon trust jn any persons other than the persons acting in the 
 '?^ ? administration and application of the rents (/) ; or 
 
 chanty, -vrhere there shall be no trustees thereof, or the trustees, 
 i^urisd'icti'on ""^ ^"^ °^ them, shall be unwilling to act, or it shall be 
 of Court of ^iioertain in whom such land, term or estate, shall be 
 Chancery '''ested, or all or any of the persons in whom such land, 
 and of term or estate, shall be vested, cannot be found, or shall 
 judge, may be under age, lunatic, or of unsound mind (whethex. 
 be vested in found such by inquisition or not), or otherwise inca-. 
 treasurer, pable 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 reduced number of trustees or 
 other causes (gi) a valid appointment of new trustees 
 
 Tiding for the admission of dissenters' children into Chnrch of 
 England schools. 
 
 (a) See Act of 1855 s. 17. Other official trustees may be 
 joined. 
 
 (b) Therefore there may be bequests and devises to him for 
 any charity. 
 
 (c) As to stock, &c., see Act of 1855 s. 18-19. 
 
 {d) By the Act of 1855 b. 116, the name is to be "official 
 trustee." 
 
 (e) So that he or trustees in his name may sue for the-rents 
 or dividends of charity property vested in him. 
 
 (/) So that the trustees of the chanty have no control over 
 the property, 
 
 (g) This makes the scope of this clause as large as that of 
 
Vesting Oharity Property. 157 
 
 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 sach new trustees, it shall appear to the Court of 
 Chancery (a), or to any judge of such court (6) or of any 
 court (c) having jurisdiction with respect to such charity 
 Tinder this Act, desirable so to do, such court or judge 
 may order that such land, term or estate, be vested in 
 such treasurer {d), and thereupon the same shall vest in 
 such treasurer and his successors for all the estate and 
 interest holden in tru»t for the charity as aforesaid, 
 without any conveyance or assurance thereof (e), but Proviso, 
 no such 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 iu respect of any copy- 
 hold land without the consent of the lord of the manor ; 
 and the Court of Chancery, or such judge, may direct 
 such periodical or other payment, 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. 
 
 65. The legal estate in all lands which at the time Legal estate 
 of the passing of the Act of the Session holden in "f lands 
 the tilth and sixth years of King William the Fourth, n"w vested 
 chapter seventy-six, was vested m the body corporate m munioi- 
 of any .biorough which became subject to the provisions Pfr """^P™" 
 of the said Act, or in any one or more of the members of \""1J ™ 
 such body coi-porate, in his or their corporate capacity, j^yg^g ^j, -^^ 
 solely or together with any person or persons elected ^^gj^^ j^ 
 solely by such body corporate, or solely by any parti- trustees. 
 cular number, class, or description of members of such g & 6 W. 4. 
 c. 76. 
 
 the Trustees Acts of 1850 and 1856, and seems to include 
 every possible case ; but under these Acts the Court of Chan- 
 cery can appoint new trustees. See the Acts, etvide omte, 
 p. 62. 
 
 (a) Under the Trustees Acts, vide ante, p. 62. 
 
 (6) S. 28. 
 
 (cj S. a2. 
 
 (d) S. 47. _ _ . . 
 
 (e) For purposes of security, pending any application for the 
 appointment of new trustees, see next section. He is to be a, 
 '•bare trustee," i.e. only of the legal estate, d. 50. . 
 
158 Act of 1853. 
 
 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 ap- 
 pointed by the Lord High Chancellor under the pro- 
 visions 01 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 (i), 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 interests therein, and subject to 
 such and the same charges and Incumbrances and upon 
 such and the same trusts as the same were respectively 
 subject to previously to such vesting (c) ; 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 (d), the legal estate in 
 the same lands, and in all other lands subject to any 
 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 to be the trustees for the time being, with- 
 out any conveyance or assurance whatsoever. 
 49. It shall be lawful for any court or judge by whom 
 Orders may respectively any such vesting order may have been 
 be made re- made (e), or for any other court or judge having juris-, 
 vesting ^ 
 
 (a) There was a doubt whether the clause on the Muaicipal 
 Oorporation Act appUed to the legal estates la the lands or only 
 to the rights and powers of the trustees in the charitable trusts ; 
 and whether it applied in cases where the municipal corporation 
 was also another corporation for charity purposes, or were 
 trustees jointly with others, &c. See Doe d. Qovemoi-t of 
 Bristol ffospital v. Norton, 11 M. & W. 913, et vide ante, 
 pp. 11, 12, 13 ; and other cases cited ante, p. 12. 
 
 (J) Therefore on the passing of the Act in all such cases the 
 legal, estate in the charity lands became vested in the trustees. 
 
 (c) Under the Trustees Act, vide omte, p. 62. 
 
 (d) S. 28. 
 
 (e) S. 48. 
 
Vesting Charity Property. 159 
 
 diction in the matter (a), if it shall so seem fit to suoh lands, &c. 
 court or judge, from time to time to order that all or any in the 
 part of the land, term, or estate, which shall for the time trustees of 
 being be vested in the said treasurer by virtue of any theohanty. 
 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 conveyance or assurance. 
 
 50. Subject to the orders and directions of the Court Treasurer 
 of Chancery or of any suoh flndge (c), such treasurer to be a bare 
 shall be deemed a bare trustee (d), and shall permit the trustee. 
 persons acting in the administration of the charity 
 
 to have the possession, management, and control of the 
 trust estates (e), and the application of the income 
 thereof (/), as if the same had been vested in them. 
 
 Vesting Property : Personalty, 
 
 51. The secretary for the time being of the said Judge may 
 board {g), and such other public officer or officers as the order trus- 
 Lord Chancellor shall appoint (A), shall be official trustees tees, &o. 
 of charitable funds (»'), and where trustees or other persons folding 
 having in their names, or in the name of any deceased ^°'>K ^''• 
 person of whom they are representatives, in the books of b^io^S'ig 
 the Bank of England, or of the East India, or South Sea *° tiect to 
 company, or of any other public company, or annuities, i,;g ;^rig. 
 stock, or shares, or holding any Grovernment or Parlia- Miction to 
 
 (a) Ss. 28 and 32. 
 
 (6) On the appointment of new trustees, vide wnte, p. 158. 
 
 (c) By whom such vestry order may have been made, a. 49, 
 or under s. 48 ; the judge of the Court of Chancery at cham- 
 bers, s. 28 ; or the county court judge, 3. 32. 
 
 (<i) Merely to take care of the legal estate or property. 
 
 (e) Sut still, the legal estate being in the official trustee, 
 they would have to use his name in suing for rents, dividends, &c. 
 
 (/) When they have received or recovered it, vide swpra (e). 
 It is implied that they may receive and recover in his name. 
 See s. 52, as to stock, and see subsequent clause as to their 
 power of letting, which is to be the same as if they were legal 
 owners. That would not be necessary to enable them to re- 
 cover trusts of charity property which they Jutd let : for cestui 
 que tenant in possession may recover rent from persons be has let 
 into possession. Chwchward v. Ford, 26 L, J., Ch. 354. 
 
 (g) S. 47, and Act of 186S s. 16. 
 
 (A) Act of 1855, s. 17. 
 
 (i) Ibid B. 48, 
 
160 
 
 Act of 185B. 
 
 transfer 
 same to 
 official 
 trustees. 
 
 Secretary 
 
 to keep 
 
 separate 
 
 accounts 
 
 funds of 
 
 each 
 
 charity. 
 
 mentary 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 (a), or 
 where any person (6) shall be desirous of transferring or 
 depositing as aforesaid any annuities, stocks, shares, or 
 securities for discharging any legacy on charge (c) given 
 or made to or for the benefit of any charity (d), or where 
 it shall appear to the Court of Chancery (e), or to any 
 judge of such court (/), or of any district court of bank- 
 ruptcy, or county court having jurisdiction under this 
 Act {g), thatanyannuities, stock, shares, or securities held 
 in trust for any charity ought, for the purpose of security 
 or convenient administration, to be transferred or depo-^ 
 sited as aforesaid, it shall belawful for such courtor judge 
 to order the transfer or deposit of such annuities, stock, 
 shares, or securities to or with such official trustees (A). 
 
 52. The secretary of the said board shall keep separate 
 accounts of the annuities, stock, shares, and securities 
 belonging to each separate charity, and the said official 
 of trustees (i) shall pay the dividends or interest or 
 income thereof to the trustees or persons acting in 
 the administration of such charity (A), or otherwise dis- 
 pose thereof, and transfer such annuities, stock, shares, 
 or securities (when occasion shall require), as the Court 
 of Chancery («), or any judge of such court (m), or of any 
 district court of bankruptcy, or county court (») having 
 
 (a) A proper course to preserve the property, and relieve 
 themselves or the charity from risk of responsibility for acts of 
 co-trustees. 
 
 (b) Executors, administrators, or devisees. 
 
 Ifi) Legacy out of personalty or charge upon realty. A 
 charge on land for benefit of charity may be a mere liability, 
 not a trust estate. 
 
 (d) It cannot legally be so by irnll, nor otherwise than by 
 deed under statute 9 Geo. II. c. 36, vide ante p. 52, which ex- 
 tends to any charge on land for the benefit of a charity. 
 
 («) Under its own general jurisdiction or under the Trustees 
 Act, or under this Act. 
 
 (/) S. 28. 
 
 (g) S. 32. 
 — (h) See farther, on this subject, the Act of 1856, s. 22. 
 
 (j) While they hold the property, and until divested under 
 8. 49. 
 
 (h) Vide BS. 16 and 48. 
 
 (1) Under its own jurisdiction. 
 . (m) S. 28. 
 
 (m) S. 32. 
 
New Schemes. 161 
 
 jurisdiction under this Act, or other lawful authority, 
 shall direct. 
 
 53. It shall be lawful for any trustees or other per- Trustees 
 sons having the custody of any deeds or muniments of or may deposit 
 relating to such charity to deposit the same for security deeds, &o. 
 in a repository which may be provided by the said for security 
 board (a), subject to any regulations to be made by the in a reposi- 
 said board under this Act. tory provided by the board. 
 
 Application to Parliament for New Schemes. 
 . 54. Where upon the application of any trustees or Power to 
 other persons concerned in the management or ad- board to 
 ministration of any charity (i), or interested in frame 
 the benefits thereof (c), {and after such examina- ^^^^™®^^™ 
 tion or inquiry as the board may think necessary . J'PP™' 
 in relation thereto), or upon any report of an in- ^i -i"?! 
 specter (d), or information otherwise obtained by the „j.™„rtv to 
 said board under this Act, with relation to any oha- y^ried 
 rity, it shall appear to the said board to be desir- trusts. 
 able to have a new scheme for the application or . 
 management of the charity (e), 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 effect 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 {g) in the 
 manner and subject to the regulations herein-after 
 mentioned, 
 
 55. One month at least before any such new scheme Notice to 
 shall be so provisionally approved, notice thereof shall be given 
 be given in such manner as the board may in each case before ap- 
 consider proper or expedient for ensuring due publi- proval of 
 
 (a) See in the Act of 1860 a compulsory provision on the 
 same subject, enabling the board to require and retain charity 
 deeds. 
 
 (6) S. 48. 
 
 (c) S. 43. 
 
 (d) See s. 9. 
 
 (e) Application of the funds or benefits and internal manage- 
 ment of the charity. 
 
 (/) See recital of Grammar Schools Act, ante p. 10. 
 (ff) After a mouth's notice, &c., as in next clause. 
 
102 Act of 1853. 
 
 schemes, city (o), and every such notice shall contain such parti- 
 
 and objec- culars of the proposed scheme as the said board think 
 
 tions may fit, and as shall be deemed by the said board sufficient 
 
 be sub- ^ show the nature of such scheme, and where the nature 
 
 mitted for thereof cannot conveniently be shown in the said notiee(5), 
 
 the consi- ^^^j^ ^oy^g gj^^n j,gfg], j^ ggmg convenient place withm 
 
 theltoard > *^® parish or district, and to the office in London of the 
 
 ■ Board(c) [Registrarof County Courts Judgments](i) where 
 
 a. copy of the proposed scheme shall be deposited and 
 
 may be inspected, and every such notice shall require 
 
 any objections to such scheme to be stated or transmitted 
 
 to the said board or their secretary within one month 
 
 from the time when the notice shall have been given. 
 
 56. If after such notice as aforesaid any objections or 
 Board may suggestions shall be made, the board shall consider the 
 alter or same, and may thereupon, if to them it shall seem fit, 
 modify or alter or modify the scheme according to any such objeo- 
 approTB of tions or suggestions ; and after all such objections and 
 schemes, suggestions, if any, have been disposed of, or if no such 
 
 objections or suggestions 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 herein-after mentioned. 
 
 57. Upon the requisition of any person interested (e) 
 The matter in the charity in question (in case the said report, after 
 of schemes due consideration, shall be of opinion that there are suffi- 
 may be re- cient grounds for complying with such requisition), or 
 ferred to an in any other case, if the said board shall Consider it 
 inspector desirable, the matter of any scheme in question may be' 
 for local referred by the said board to one of their inspectors, and 
 mqniry. g^gj^ Jiigpegtor shall thereupon proceed to make a loeai 
 
 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 conveni- 
 ent place in the parish or one of the parishes of the dis- 
 trict 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 
 
 (a) PuWioation in the local newspapers will be the only 
 effectual means. 
 
 (ft) As it can be, fully and easily, if published in the news-, 
 p apers. 
 
 (c) TheActof 1855, S.49, mbaiituieB'keret'heofficeofthebom-d. 
 
 (d) Act of 1855, ti. 43. 
 
 (e) See s. 48. 
 
Accounts ofTrtistees. 163 
 
 hear and inquire into any objections or questions relat- 
 ing to the scheme or charity in question (o), and may 
 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 holding thereof, in such other mode as 
 in the judgment of the said board shall be sufS.cient to 
 ensure publicity (4). 
 
 58. Every inspector to whom any such matter shall Inspectors 
 be referred shall report in writing to the said board the to report 
 result of his inquiry, and wjjether in his opinion the the result 
 scheme in question should be approved with or without "^ inqiiiry 
 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 i^ as the result of such report 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 herein-after mentioned. 
 
 59. Every scheme to be approved by the said hoard Schema 
 shall be certified by them, and for that purpose shall be when ap- 
 embodied in a oertmcate to be made by the said board, proved to 
 and sealed with their seal ; and in every case a copy of ^^ certified 
 such certificate shall be deposited in some convenient °J ^ 
 place within the parish or one of the parishes or the ™*™' 
 district in which the charity in question shall wholly or "^ °^- 
 partially be situated or administered, and at the office of g . ^ ■. 
 the board (c), and a notice shall also be given, in such deposited 
 manner as the hoard shall direct (d), which notice shall ;q t^g 
 refer to the certificate so deposited, and shall state the parish or 
 intention of the board to proceed with the scheme thereby district, 
 certified. and notice 
 
 given. 
 Accounts of Trustees. 
 
 60. The said board shall- in the month of February in Annual re- 
 every year make a report to Her Majesty of all their port to be 
 
 (a) As the master under the old system in Chancery, or the 
 chief clerk now, in settling new schemes. 
 
 (b) Publication in the local newspapers. 
 
 (c) Act of 1855, s. 43. 
 
 (d) Publication in the local papers. 
 
164 Act of 1853. 
 
 laid before proceedings during the preceding year up to the thirty- 
 
 Parlia- first day of December then last, and such report shall, 
 
 mentjwhioh within fourteen days after the making thereof, be laid 
 
 shall set before both Houses of Parliament, if Parliament be then 
 
 ^^^^ sitting, or otherwise within fourteen days after the 
 
 the schemes ^geting thereof ; and in such report the said board shall 
 
 approved, gpggiajiy 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 (a) that any 
 
 such scheme or schemes so certified shall be confirmed 
 
 and take effect, either with or without any alterations or 
 
 modifications thereof respectively, every such Act shall 
 
 be deemed a Public General Act. 
 
 Accounts of 61. The trustees or persons acting in the administra- 
 
 trusteea bi tion of any charity shall, in books to be kept by them 
 
 charities to for that purpose, regularly enter or cause to be entered 
 
 be regu- full and true accounts of all money received and paid 
 
 larly kept respectively on account of such charity (6). 
 
 (seeg- 44 [-The rest of the clauses repealed. See substituted 
 
 18551 clause, Amending Act, s. 44.] 
 
 Exemptions. 
 Exemp- 62. This Act shall not extend to the Universities of 
 
 tions from Oxford, Cambridge, London, or Durham, or any college 
 the opera- in the said Universities of Oxford, Cambridge, and Dur- 
 tionof Act. ham, or to any cathedral or collegiate church (c), or to 
 any building registered as a place of meeting for religi- 
 
 (a) See several sncli schemes so confirmed, 1856-7-8. 
 
 (6) The remainder of this clause .is repealed by the Act of 
 1855, s. 44, which is substituted for it, and explains the 
 accounts required. The enactment applies to trusts in which 
 the trustees have a discretionary power as to the selection of 
 objects and distribution of the funds ; for they are bound to 
 apply the whole fund to the purposes for which it is given, 
 and the commissioners have jurisdiction to see that this is done, 
 and therefore to require accounts to be rendered which shall 
 show whether it has been done or not. 
 
 (c) The cathedral or collegiate schools are mo< exempted. See 
 end of clause. Endowed chapels of the Church of England are 
 not exempted, nor augmentations of vicarages, &c., see p. 3, 
 
Exemptions. 165 
 
 ous worship with the registrar-general of births, deaths, 
 or marriages in England and Wales (o), and honafde 
 used as a place of meeting for religious worship (6) ; nor 
 of Queen Anne's bounty, or to the British Museum, nor 
 shall this Act for the period of two years from the pass- 
 ing thereof extend or be in any manner applied to 
 charities or institutions, the funds or incomes of which 
 are applicable exclusively for the benefit of persons of 
 the Koman Catholic persuasion, and which are under the 
 superintendence or control of persons of that persuasion, 
 nor shallthis Actextendorbe applied to the commissioners 
 of any friendly or benefit society, or savings bank (c), 
 or any institution, establishment, or society for religious 
 or other charitable purposes, or to the auxiliary or branch 
 associations connected therewith, wholly maintained by 
 voluntary contribution (d), or any bookselling or pub- 
 lishing 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 Yoluntary contributions only, or the capital or stock of 
 such business ; and where any charity is maintained Provisions 
 partly by voluntary subscriptions and partly by income as to chaii- 
 arising from any endowment (e), the powers and pro- t^^s sup- 
 yisions of the Act shall, with respect to such charity, ported 
 extend and apply to the income from endowmentonly (/), P*™y °7 
 to the exclusion of voluntary subscriptions, and the voluntary 
 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 
 
 (a) Under 15 & 16 Vict. u. 70 ; 18 & 19 Vict. c. 86. 
 
 (ft) This exemption does not extend to the endowments for 
 their support, — at all events, not to the endowments for the 
 support of preachers or ministers, nor of public worship in such 
 places. See now the Boman Catholic Charities Act, 1860, 
 post. 
 
 (c) Self-supporting; therefore not supported by £^i/is, and so 
 net charities. 
 
 id) So not coming within the definition; see the interpreta- 
 tion clause, s. 66 "Endowment." The distinction is, that 
 voluntary contributions given are generally placed at the abso- 
 lute control of the governing body of the society for its general 
 purposes ; whereas endowment presupposes some special appli- 
 cation or appropriation. 
 
 (e) In which case it will appear from the statement of account, 
 vide s. 10, how much is endowment. 
 
 (/) Except, it is presumed, as to statement of account, s. 10. 
 
166 
 
 Act of 1853. 
 
 Exempted 
 charities 
 may peti- 
 tion com- 
 
 or declared by the donor or testator (o), and which may 
 legally be applied by the governing or managing body 
 of such charity as income in aid of the voluntary sub- 
 scriptions (5), shall be subject to the jurisdiction or con- 
 trol of the said board, or the powers or provisions of this 
 Act (c) ; and no portion of any such donation or bequest 
 as last aforesaid {d), or of any voluntary subscriptiony 
 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 purpose 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 (e) 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 pro- 
 perty of any missionary or other similar society, or the 
 missionaries, teachers, or officers of such society, or of 
 any branch thereof, which funds or property shall not be 
 within the limits of England or Wales (/), to the juris- 
 diction of the said board : provided always, that the said 
 exemption shall not extend to any cathedral, collegiate, 
 chapter, or other schools [g). 
 
 63. It shall be lawful for any of the charities ex- 
 empted from the operation of this Act, by order or 
 resolution duly made in conformity with the constitu- 
 
 (o) Which will in effect constitute a trust. 
 
 (5) At their absolute disposal for general purposes. 
 
 (c) Save as to accounts, s. 10. See on this subject Well- 
 beloved, IS. & S. 41, et mde ante, p. 16. 
 
 {d) ■ That is, not specially applied by the donor. 
 
 (e) That is, by rule or resolution only, and not by any donor. 
 Special funds of this kind are often established, and then dona- 
 tions and bequests are made to it ; these are by this clause 
 exempted. 
 
 (/) Which implies that so far as the funds and property are 
 ■within the jurisdiction, such societies are within the operation 
 of the Act, that is as regards their endowments, vide supr&. 
 
 (g) Which therefore may be, but are not necessarily, within 
 the operation of the Act, and are only so if the relation of 
 trustee and cedtui que trust exists between the chapter or 
 college and the school. See At.-Q. y. Magdalen Colleger 
 10 Beav. 402 ; Whiston v. the Dean of Rochester, 1 Hare, 532. 
 
Exempted Charities : Arbitration. 167 
 
 tion or rules of such charity (and which in that ease missioners 
 only shall be binding), to apply by petition to the com- *" '^*^^ 
 missioners to have the benefit of this Act (a) either ^™^fi* °^ 
 generally or as to any of the provisions herein con- 
 tained (6) ; 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 (c) ; 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 he 
 bound by all the provisions sf this Act, if admitted 
 generally thereto, or by «uch 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. 
 
 64. Provided also, That if any question or dispute Disputes 
 shall arise among the members of any charity {d), Act among 
 of 1855, s.' 46, &o. (e), in relation to any office, or the members of 
 fitness or disqualification of any trustee or officer (/), or exempted 
 his election or removal, or generally in relation to the otarities 
 management of the charity, it shall be lawful for two- ™ay be le- 
 thirds of the members present at any special meeting, *^"'.^" *? 
 duly convened by notice for the purpose in the same ^J ^ ^^ ^°^ 
 manner in which meetings of such charity are by the gjo^grs 
 
 (a) And the Acts of 1855 amd 1860, yriaah are to be deemed 
 together with this as one Act. 
 
 (6) As the provisions witli respect to sales, leases, or ex- 
 changes of charity funds ; or dismissal of masters or officers, or 
 appointment of new trnstees, or framing of new schemes, espe- 
 cially by the board, under the Act of 1860, s. 2. 
 
 (c) Who win stiE retain the internal management of the 
 charity. 
 
 (d) This clause applies as well to exempted charities as to 
 others ; i. e. to chapels as well as to schools ; to friendly societies 
 and institutions, established by voluntary grants and assess- 
 ments, vide ante, p. 15. 
 
 (c) Act of 1865, s. 46 : "The Sixty-fourth section of the 
 principal Act shall apply as well to members of any charity 
 within the operation of that Act as to members of any charity 
 exempted from the operation thereof" 
 
 (J) See clause 22 as to the power of the board to sanction 
 removal wf any officer. The Grammar Schools Act, 3 & 4 Vict.- 
 c. 77, empowers the eaart to authorise dismissal of any master 
 of a grammar school, vide amte, p. 10, ei vide Act of 1860. 
 
168 Jet 0/1853. 
 
 rules thereof appointed to be held and convened, to 
 refer such question or dispute to the arbitration of the 
 oomniissioners, 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. 
 
 Interpretation Clause. 
 interpreta- 66 (a). In the construction of this Act, except 
 tion of where the context or other provisions of the Act may 
 terms. require a different construction, the expression "Court 
 of Chancery " shall mean and include the Master of the 
 Eolls and every judge of the Court pf 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 expres- 
 sions "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 Majesty, chapter twenty-two, or under any other 
 Act or Acts passed or to be passed tor 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 commis- 
 sioner or judge of every such District Court ; the ex- 
 pression " County Court" shall mean and include every 
 County Court holden or established 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 (6) for the alteration or extension 
 of the same Act, and every judge of any such court; 
 the expression "Charity" shall mean every endowed 
 foundation and institution taking or to take effect in 
 England or Wales (c), and coming within the meaning, 
 
 (a) S. 65 is transposed into its proper place, vide ante, p. 167. 
 
 (i) IS & 14 Vict. c. 61 ; 19 & 20 Vict. c. 108. 
 
 (c) There is a distinction between the endowed foundation or 
 institution and the donations or bequests to it, though there may 
 be a donation or bequest for the pwpose of establishing one. 
 And there may be donations or bequests for such institutions 
 already endowed and established, not by way of endowment, but 
 in addition to its income, as in either case the commissioners 
 have jurisdiction ; for instance, they are to have accounts of all 
 
Interpretation Glauses. 169 
 
 purvieu, or interpretation of the statute of the forty- 
 third year of Q,ueen Elizabeth, chapter four (a), or (6) 
 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 cor- 
 poration 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 (c) ; and the expression "the Board 
 shall mean the said Charity Sommissioners sitting as a 
 board under this Act (d) ; and the expression " Endow- 
 ment" shall mean and include all lands and real 
 estate whatsoever, of any tenure (e), and any charge 
 thereon (/), or interest therein {g), and all stocks, 
 funds, monies, securities, investments, and personal 
 estate whatsoever, which shall for the time being belong 
 to (A) or be held in trust for(j) any charity (^), or for 
 all or any of the objects or purposes thereof (^); and 
 
 income, and every gift mast be stated in such accounts, see b.44 
 of Act of 1855. Tlie provision of the Act (s. 10) is not only 
 any charities, but the estates, income, and property thereof. 
 
 (a) Vide ante, p. 19. 
 
 (6) This "or" is probably to be read conjunctively, intro- 
 ducing a synonymous definition, for the court has not charitable 
 jurisdiction except in cases coming witMn that Act. 
 
 (c) So that, where a municipal or ecclesiastical corporation are 
 tmstees of a charity, the members are all equally amenable to 
 the jurisdiction of the commissioners, in so far as the powers and 
 provisions of the Act are applicable ; for example, as to sum- 
 moning them to be examined. But precepts to produce corpo- 
 ration books should be directed to the corporation or its head 
 in the first instance. 
 
 (d) Vide ante, p. 124. 
 
 («) Freehold or copyhold, or customary tenure. 
 
 (/) A charge not necessarily mating the estate a trust estate, 
 see Dormayt v. Borroda/ile, 12 Beavan, 263. Hwnt v. Sate- 
 mem, 11 Irish Eq. Hep. 10. 
 
 {g) Leasehold, or a mortgage. 
 
 (h) That is, if legally vested in the trustees. 
 
 (i) As either by legal title or by declaration of trust, which is 
 a title in equity, if valid. 
 
 (Je) That is, already established, or to be established. 
 
 {T) Including gifts either for the general purposes or for some 
 special purposes, except as to societies or institutions partly sup- 
 ported by voluntary subscriptions (as to which vide ante, 15) ; 
 
170 Charitable Trusts Act, 1853. 
 
 the expression "Land" shall extend to and include 
 manors, messuages, buildings, tenements, and heredita- 
 ments, corporeal and incorporeal, of every tenure and 
 description. 
 Extent of "67. This Act shall not extend to Scotland or Ire- 
 Act, land. 
 
 Short title 68. This Act may he cited as " The Charitable Trusts 
 ' Act, 1853" (a). 
 
 the A^t does not apply to special funds, unless donations for 
 special purposes. 
 
 (a) While this sheet is passing through the press, a case has 
 been reported (Daugara r. Rivaz, 29 L. J., Ch., 68.5), in which 
 the Master of the Rolls restrained the Elders of a French Pro- 
 testant church from removing their pastor. At first sight this 
 might appear inconsistent with the doctrine laid down and the 
 cases cited a/nte, p. 91 ; but if it were, those cases being estab- 
 lished on the highest authority, and not having been cited nor 
 considered, the decision referred to eonld not be considered 
 satisfactory. The real ground on which it rested, however, 
 was, that there was in truth no removal at all, but a mere 
 abuse of power; the Elders being themselves mere lay trustees; 
 and having, in their own favour, in a dispute to which they 
 were parties, assumed an absolute authority whichy hy the con- 
 stiti/tion of their chwch, they did not possess. In this view, 
 the case is not inconsistent with the doctrine above laid down, 
 and it is conceived that in that view alone it can be supported ; 
 on any other view it would be contrary to the recent decision of 
 Vice-Chancellor Kindersley in Perry v. Shipway, 28 L. J., 
 Ch., 660. 
 
Charitable Trusts Act, 1855. 171 
 
 The Charitable Trusts Act, 1855. 
 (18 & 19 Vict. e. 124.) 
 
 1. The Charitable Trusts Act, 1853, hereinafter called ^g ^ jy 
 " the Principal Act," and this Act shall he construed yict. c 137 
 together as one Act (o) ; and any provisions of the and this ' 
 principal Act inconsistent with this Act are hereby Act to te 
 repealed. construed together. 
 
 2. [Not necessary to be inserted]. Provision 
 
 as to the salary of one of the commissioners repealed. 
 
 3. [Not necessary to he inserted]. Power to 
 
 appoint additional inspectors. 
 
 4. Every act of the board may be sufficiently The acts of 
 authenticated by the seal of the commissioners, and the the hoard, 
 signature of their secretary, or in his absence of the how to be ■ 
 chief clerk. authenticated. 
 
 5. All orders, certificates, schemes, and other docu- Entries in 
 ments issued under the seal of the board shall be and ex- 
 deemed and taken to be the originals, and copies thereof trao's from 
 shall be entered in the books of the board, and all such t^e books 
 entries may be sufficiently certified by the signature of ? ~,® , 
 the secretary, or in his absence of the chief clerk: ^^l' "^ 
 Every order, certificate, scheme, and other document ^uthenti- 
 purporting to be sealed with the seal of the board shall ^ated. 
 
 be received in evidence without further proof (6) ; and 
 any writing purporting to be a copy extracted from the 
 said books, and to be certified .as aforesaid, shall be 
 received in evidence in like manner. 
 
 (a) This is very important, and has a double application. It 
 applies to the enactments of this Act any of the powers and 
 provisions of the principal Act (capable of such application), and 
 it applies to the enactments of the prirwipal Act any of the 
 applicable powers and pi'ovisions of this Act. And as there is 
 a similar provision in the Act of 1860, vide post, the effect is 
 that all three Acts are to be construed as one ; and hence any 
 of the powers and provisions in any one of them applicable or 
 capable of being applied in aid of any of the enactments in any 
 of the other Acts are to be so applied. For example, see s, 9 of 
 this Act. 
 
 (b) Vide principal Act, s. 8 ; and vide 14 & 15 Yict. c. 99. 
 
 I 2 
 
172 
 
 Charitable Trusts Act, 1855. 
 
 t' rs to in 
 quire into 
 charities 
 extended. 
 
 Accounts and Statements of Charities. 
 The powers 6. The board [a), or any commissioner or inspector, 
 of the com- such inspector acting under the authority of the board, 
 missioners may (6) require written accounts and statements (c) 
 and inspec- and answers to inquiries relating to any charity [d), or 
 * "" * the property or income thereof, to be rendered or made 
 
 to them respectively by all or any of the following 
 persons ; that is to say, 
 
 Trustees qr persons acting or concerned in (e) the ad- 
 ministration of the charity, its property or income, 
 or in the receipt or payment of any monies thereof: 
 Agents of any such trustees or persons (/) : 
 Depositories of any funds or monies of the charity {^g) : 
 Persons in the beneficial receipt of any funds thereof 
 
 or of any income or stipend therefrom [h] : 
 Persons having the possession or control of any docu- 
 ments concerning the charity or any property 
 thereof (i) : 
 And the board or the commissioner or inspector may 
 require the persons rendering or making any such 
 account, statement, or answer to verify the same by 
 oath or otherwise, and may administer such oath : 
 Provided always, that nothing herein contained shall 
 extend to give to the said board or their inspectors any 
 power of requiring from any person (A) holding or 
 
 (a) See Act of 1863, ss. 9 and 10. 
 
 (6) Of their own motion, or on any information. 
 
 (c) As to arnmial accounts, see b. 44, to he read with this 
 clause. 
 
 (d) As to what is a charity, see the interpretation clause. 
 Act of 1853. The board in each case must judge; and they 
 have jurisdiction to determine the preliminary question. Sup- 
 posing them to err, and to meddle in a charity without juris- 
 diction, there might probably be an injunction or prohibition to 
 restrain ; or, on refusal of parties to attend, the question will 
 be raised by application for process of contempt ; a. 9. 
 
 (e) This includes any persona claiming to be entitled to be 
 recipients of the benefits. 
 
 (/) As to attornies, s^e Russell v. Jackson, 21 L. J. (N. S.) 
 Ch. 146. 5em6ic an attorney may be examined ; at all events, 
 unless his client really claims adversely. 
 
 (<;) As bankers, or other bailees. 
 
 (h) As for receipt, not beneficial ; see the first part of the 
 clause. 
 
 (i) See Act of 1853, ». 61, and see Act of 1860. 
 
 (Ti) This provision does not prevent them from obtaining the 
 
Accounts and Inquiries. 173 
 
 claiming to hold any property whatsoever adversely to 
 any charity, or free or discharged from any charitable 
 trust or charge (o), 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. 
 
 Accounts and Inquiries. 
 
 7. The board, or any commissioner or inspector Power to 
 acting as aforesaid, may require all or any such trustees require 
 and persons as aforesaid to attend before them respec- trustees 
 tively at such times and places as may be reasonably ^""^ f^^%^ 
 appointed (6), for the purpose of being examined in ^™i"l 
 relation to the charity (c), and to answer such questions e^m'ned 
 as may be proposed to them, and to produce upou such 
 examination any documents in their custody or power 
 relating to the charity or the property thereof («Z), and 
 
 may examine upon oath or otherwise all such persons (e) 
 and all persons volimtarily attending (_/), and may ad- 
 minister 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. 
 
 8. All requisitions made under the foregoing autho- Preoepta or 
 rities shall be made respectively by the order of the orders for 
 board, or by precept, under the hand of the commis- the preoed- 
 sioner or inspector making the same. ing purposes, how to be made. 
 
 9. Any person refusing or wilfully neglecting to Persons not 
 comply with any such requisition (g), or with any order complying 
 
 information from any one else, except perhaps the attorney of 
 the party, Russell v. Jackson, 21 L. J. (N. S.) Ch. 146. 
 
 (a) As for his own benefit ; but the claim must he real, and 
 whether it is so or not is for the commissioners to decide. 
 
 (6) By board, commissioners, or inspector, respectively, as the 
 case may be, and the board must judge of the reasonableness, 
 whether as to time allowed for appearance, mode of seivice, &c., 
 Re Williams, 21 L. J., M. C. 4B. See next section, as to form of 
 precept. 
 
 (c) That is, the charity spoken of in the preceding section, under 
 which it is presumed accounts have (or have not) been delivered, 
 or if delivered are not satisfactory, or require further explanation. 
 
 (d) The language used in affidavits as to discovery, see Com- 
 mon Law Procedure Act, 1864, ss. 50 and 51. 
 
 (e) As have been summoned to attend, vide supra. 
 
 (f) As informants, relators, or witnesses, interested or not in 
 the charity, provided their testimony is likely to be useful. 
 
 (g) As to not answering questions duly or satisfactorily, that 
 
174 
 
 Charitable Trusts Act, 1855. 
 
 witli requi- 
 sitions, &o., 
 to be 
 deemed 
 guilty of a 
 contempt of 
 the Court of 
 Chancery. 
 
 Power to 
 apportion 
 parochial 
 charities 
 after divi- 
 sion of 
 parishes. 
 
 of the board, made tinder the provisions of this Act or 
 the principal Act, or destroying or withholding any 
 document required to be produced or transmitted by 
 him, shall be taken to be 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 court or to 
 any judge thereof, 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 dis- 
 charge, 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. 
 
 Apportionment of Charities. 
 10. Where any parish or ecclesiastical district en- 
 titled to the benefit of a charity (a) has or shall have 
 been divided into separate parishes or ecclesiastical 
 districts (6), and no apportionment of charities origi- 
 nally applicable to the parish or district so divided 
 shall have been made by Parliament or other compe- 
 tent authority (c), the board, in respect of all cha- 
 rities the gross annual income whereof does not for 
 the time being exceed thirty pounds (rf), may apportion 
 the benefit of the charity between each new parish or 
 district, or any portion thereof taken from the pariiSh or 
 district originally entitled to the whole benefit, and the 
 remainder of such lasl-mentioned parish or district (e), 
 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 
 
 would not be a contempt within this clause, unless it really 
 amounted to a refusal or evasion of any reaX answer at all ; 
 and as to what would amount to such evasion and substantial 
 refusal of a real answer, the cases of committals by commis- 
 sioners of bankrupts for not answering will afford obvious ana- 
 logies. See Ee Bradbwry, 23 L. J., C. P. 25. 
 
 (a) As to parochial charities, seep. 11, and p. 102. 
 
 (S) Under Church Building Acts, &c. 
 
 (c) As under 8 & 9 Viet. o. 70, vide ante, p. 71. 
 
 (d) Fifty, see Act of 1860, s. 40. As to other charities the 
 board may give directions and advice under s. 17, or authorise 
 an application to the court. 
 
 (e) See cases cited ante, p. 72. 
 
Additional Yexting Clauses. 175 
 
 may think fit, and may also apportion the principal 
 endowments between such parishes or districts, if it be 
 thought fit, and may appoint separate trustees of any 
 part of the endowments. 
 
 Additional Vesting Clauses. 
 
 15. The secretary for the time being of the board (a) The official 
 shall be a corporation sole by the name of " The Official trustee of 
 Trustee of Charity Lands," for taking and holding charitj 
 charity lands, and by that name (instead of the name lands con- 
 of " Treasurer of Public Charities ") shaU have per- stituted. 
 petual succession ; and all laud, 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 (6) 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." 
 
 16. The acting trustees of every charity, or the Power to 
 majority of them, provided that such majority do not acting 
 consist of less than three persons, shaU have at law and trustees to 
 in equity power to grant all such leases or tenancies of grant 
 land belonging thereto, and vested in the official trustee leases. 
 
 of charity lands (c), as they would have power to grant 
 in the due administration of the charity if the same 
 land were legally vested in themselves (d) ; and all 
 covenants, conditions, and remedies contained in or 
 incident to any lease or tenancy so granted (e) shall be 
 enforceable by and against the trustees or persons acting 
 in the administration 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 
 
 (a) Act of 1853, a. 47. 
 
 (i) Sect. 48. 
 
 (c) It had already been enacted that the ofdcial trustee was 
 to be a bare tinistee. 
 
 Id) That is, as tmetee, of course. 
 
 (e) Incident to, of course includes distress for rent, or action 
 for use and occupation ; even apart from this clause the trustees, 
 if allowed by the official trustee to let persons into possession, 
 might sue them for use and oceupatiun, Ohurehward t. Ford,. 
 26 L. J., Ex. 364. 
 
176 OharitaUe Trusts Act, 1855. 
 
 Buoh lease or tenancy at the time of the execution 
 thereof (a), and had legally remained in or had devolved 
 to such trustees or administratora for the time being, 
 their alienees or assigns, subject to the same lease or 
 tenancy. 
 Appoint- 17. The Lord Chancellor may from time to time 
 
 meuts of by writing under his hand appoint any persons to 
 official be, jointly with the secretary for the time being of 
 trustees of the said board, the official trustees of charitable funds, 
 charitable and remove any such trustees, and every such appoint- 
 funds re- ment or removal shall be published in the London ■ 
 gulated. Qaiette. 
 
 Such tru»- 18. The present official trustees of charitable funds, 
 tees to g^jj^ their successors, to be so appointed, shall have 
 have per- perpetual succession by the name of "The Official 
 Tb ion Ind Trustees of Charitable Funds," and may hold by that 
 mav°hoM' ^^''^^ stock in the public funds, and stock and shares 
 funds in "^ ^^J public company, securities, and monies (6), 
 that name, which shall respectively devolve to their successors, 
 the official trustees of charitable funds for the time 
 being, without transfer or assignment. 
 Funds to 19. AH stock in the public funds vested in the joint 
 vest in the names of Henry Morgan Vane, Thomas Hare, and 
 official Walker Skirrow, Esquires, the present official trnstees 
 trustees for of charitable funds, shall upon the passing of this Act 
 the time ijg transferred by the Grovernor and Company of the 
 Deiug. Bank of England from their names to the account of 
 
 the official trustees of charitable funds. 
 The official 20. The official trustees of charitable funds shall, 
 trustees to for the purposes of their trust, keep a banking account 
 keep hank- in their official name in the books of the Governor and 
 ingaccount. Company of the Bank of England (c), and the secretary 
 of the board shall keep separate accounts of the monies 
 held upon such account, and belonging to each separate 
 charity. 
 Mode of 21. All orders for payment of any money held upon 
 
 drawing on such banking account shall be signed by one at least 
 thebanklng of the official trustees of charitable funds, not being 
 account. 
 
 (o) As in the case of leases under a power, Greenwieav v. 
 Hart, 23 L. J., C. P. 115. 
 
 (5) Transferred to them under any order of the court or com- 
 missioners, under s. 16 ; or voluntarily by the trustees them- 
 selves, under s. 22. 
 
 (c) That is, one entire account comprises all the charities, 
 the secretary keeping the separate accounts. 
 
Investment of Stock, Sfc. 177 
 
 the secretary of the board, and also by the secretary, 
 and shall be countersigned by one of the commissioners, 
 or shall be otherwise signed or authenticated in such 
 manner as the Lord Chancellor shall from time to time 
 by order under his hand direct ; aud such orders shall 
 be a sufficient authority to the bank paying the same 
 for all such payments. 
 
 22. Any trustee or other person (a) may, on obtaining Trustees 
 an order of the board for the purpose (6), transfer any stock niay trans- 
 or pay any money to the official trustees of charitable f^"^ ^ioa]^ to 
 funds in trust for any charitj. official 
 
 23. All principal monies belonging to any charity ^'''^stees. 
 directed to be paid to the official trustees of charitable As to dis- 
 funds shall be paid to their account at the bank, and, posal of 
 subject to any order of the court or judge or of the principal 
 board by which respectively the payment shall have ''"''"^spaid 
 been authorised, shall be forthwith invested in the public *"^™- 
 funds (c), in the names of the official trustees of charit- 
 able fimds for the benelit of the charity to which they 
 
 shall belong. 
 
 24. The dividends arising from all stock iu the public All divi- 
 funds standing in the name of the official trustees of dends aud 
 charitable funds shall from time to time be received by iuterest 
 the Governor and Company of the Bank of England, ^^^ .*" the 
 under the authority of this Act, for the credit of the said °™<"*' 
 official trustees, and shall be placed to their banking '^^"'''rbi 
 account accordingly {d) ; and all dividends and interest » ^jI to %.. 
 arising from any other stock, shares, or securities stand- pj^^jg^ ^^ 
 ing in the name of or held by the official trustees of jjjgjj. bank- 
 charitable funds shall be paid only to the Governor and mg account. 
 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 enablingi them 
 to receive and give effectual discharges for the last- 
 mentioned dividends and interest. 
 
 25. No transfer of any stock, shares, or securities shall For the Ee- 
 be made to the official trustees of charitable funds, nor gulation of 
 shall any money, other than the dividends or interest of transfers 
 any such stock, shares, or securities as aforesaid, be and pay- 
 
 (d) As an executor or administrator under a will leaving 
 stock or money to a charity. 
 
 (i) As to investment, vide ante, p. 100. 
 (c) This is essential, see s. 25. 
 id) Under s. 20. 
 
 1 3 
 
178 Charitable Trusts Act, 1855. 
 
 ments to or paid to their account, except in pursuance of an order of the 
 by the Court of Chancery, or of some judge thereof, or of a 
 official district court of bankruptcy or county court, or of the 
 trustees, ^jg^rd (a) ; 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 
 from time to time by any order under his hand direct ; 
 and no transfer to or by the official trustees shall he 
 permitted by the Governor and Company of the Bank of 
 England or any other company contrary to this pro- 
 vision. 
 Copies of 26. Copies of all orders made by any court or judge 
 orders for any transfer, deposit, or payment of stock, shares, 
 affecting securities, or monies to or by the official trustees of 
 f tr™ffi°' charitable funds (6) shaU be forthwith transmitted to 
 ot Xhe oa- ^jjg ^jQard by the parties obtaining such orders. 
 to be sent ^"^^ •^^^''7 order made under the principal Act or 
 to the ^'^^^ ■'^c'' ""eiiiring or authorising the transfer, pay- 
 
 board, ment, or deposit of any stock, shares, securities, or 
 
 Indemnitv woM^s to or with the trustees of any charity or the 
 to the baak official trustees of charitable funds, or conferring a 
 and others, 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 persona 
 shall be required to give effect or to conform to every 
 such order, and it shall not be necessary 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. 
 Dividends 28. All dividends arising from any stock in the public 
 on stock in fmi^g standing in the name of the official trustees of 
 °ffi°'^if A charitable funds, and which shall be certified by the 
 tnistees'to ^oard to the Governor and Company of the Bank of 
 be carried England to be exempt from the property or income tax, 
 to account shall be paid or carried to the banking account of the 
 free from official trustees without any deduction of such tax ; and 
 income tax. all dividends 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, 
 
 (a) See s. 22. (5) a. 22. 
 
Additional Powers as to Sales, Sfo. 179 
 
 and to be exempt from such tax, shall be paid without 
 any deduction thereof. 
 
 29. It shall not be lawful for the trustees or persons Eestrio- 
 aoting in the administration of any charity (a) to make or tions of 
 grant otherwise than with the express authority of Par- charges and 
 Eament, under any Act already passed (6), or which may leases of 
 hereafter be passed (c), or of a court or judge of com- charity 
 potent jurisdiction (rf), or according to a scheme legally estates. 
 established (e), or with the approval of the board (/), 
 
 any sale, mortgage (jr), or charge, of the charity estate, or 
 any lease thereof in reversion after more than three 
 years of any existing term, or for any term of life, or in 
 consideration whoUy or in part of any fine, or for any 
 term of years exceeding twenty-one years. 
 
 30. [Inserted in Act of 1853, s. 21.] Sinking 
 
 fund to be provided for paying off mortgages 
 in lieu of provision in mortgage deeds. 
 
 31. [Inserted in Act of 1853, s.23.] Extension 
 
 of power of board as to compromise of claims. 
 
 32. The board may authorise the application of any Board may 
 funds belonging to any charity in payments for equality authorise 
 of exchange or partition, or in payment of any expenses payment 
 incident thereto, or may authorise the trustees to raise ^™ equahty 
 any money for such purposes by mortgage of any land "' exchange 
 acquired on such exchange or partition, or belonging to "■'P*™ '""^ 
 the charity. 
 
 Additional Powers as to Sales, Charges, 
 and Exchanges. 
 
 33. Where there shall be uncertainty as to the specific Power to 
 part of any lands out of which any rent, annuity, or asoertam 
 
 (o) Gtovemors, &e., or trustees of charities of which the 
 estates are vested in the official trostees as bare trustees, vide 
 awte, p. 175. 
 
 (4) As of the Acts of 13 Eliz. c. 10, or the other Acts enabling 
 governors of hospitals to lease ; see those mentioned, s, 38. 
 
 (c) Sect. 38. 
 
 (d) On an application otherwise than for a scheme, nnder the 
 general jurisdiction of the court if xmder the special jurisdiction 
 of a judge at chambers created under the Act of 1853, s. 28 ; or 
 the County Court Act, s. S2. 
 
 (e) Under an application to Chancery. 
 
 (/) By way of direction, nnder s. 17 of the Act of 1853 ; or of 
 direct anthority, under s. 39; or Act of 1853, s. 21 ; or by order 
 imder Act of 1860, s. 2. 
 
 (ff) See Minn v. Stamt, 20 L. J., Ch. 614. 
 
180 Charitable Trusts Act, 1855. 
 
 lands otter periodical payment, not exceeding the yearly sum. 
 
 charged of t^n pounds, charged upon some part of the same lands, 
 with rents for the benefit of a charity (a), shall be payable, it shall 
 tocharities. ^g 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 inter- 
 ested," in the same lands (6), to determine by their order 
 the land charged with such rent, annuity, or other peri- 
 odical payment (c), which shall thenceforth stand charged 
 with such r^t, annuity, or periodical payment, accord- 
 ingly, to the exoneration of the residue of such lands 
 therefrom. 
 Expenses of 34. The expensed incident to the application for and 
 exchanges procuring of any such order of exchange or partition, 
 and parti- or order determining the land charged with any rent, 
 tions, and annuity, or periodical payment, shall be paid by the 
 determin- trustees or administrators of the charity, or by the other 
 ing appli- parties to such transactions, or by both, as the board 
 Bation of may direct; 
 
 charges. yg_ ^y incorporated charity, or the trustees of any 
 
 Incorpo- charity, whether incorporated or not, may, with the con- 
 rated ohari- ggnt of the board, invest money arising from any sale of 
 ties and land, belonging to the charity (d), or received by way of 
 trifstees for 
 
 {a) As under a devise or conveyance of lands severally sub- 
 ject to certain charges, including one or more for the benefit 
 of a charity. A mere charge of that kind does not make 
 the estate a trust estate in the lands of the devisee or 
 grantee beneficially interested bo that he cannot alienate it ; 
 but the charge passes with the estate into the hands of 
 each successive owner of the whole estate, so that no con- 
 veyance of any part of it could be made, but for this clause, 
 except subject to all the charges. The object is to meet this 
 difficulty. 
 
 (i) By some mistake no such definition is inserted, but it is 
 easy to see who are the parties interested, viz., the parties 
 entitled to all the charges on tte lauds, and the owners of all the 
 lands affected thereby. 
 
 (c) Of course, in the case of lands subject to severaZ charges, 
 all must be included, for there must be an apportionment ; vide • 
 swpra. 
 
 (d) That is, legally belonging ; the clause would not extend 
 to sanction sale of lands under a devise to a charity invalid by 
 the mortmain law, not directed to be sold by the will. But if 
 the trustees had been in possession for twenty years they would 
 have a title. 
 
Sales, Exchanges, Sfo, 181 
 
 equality of exchange or partition, in the purchase of oharitiea 
 land, and may.hold such land, or any land acquired by may re-in- 
 way of exchange or partition, for the benefit of such ^^st in 
 charity, without any licence in mortmain. ^smi. 
 
 36. All orders of the board for the investment of Order of 
 money coming to any charity (a), or the trustees thereof board for 
 on any sale, exchange, or partition shall be carried into iivesti- 
 eflfectby the trustees or persons administering the charity; ™ents to be 
 and all' monies which tiie board shall order to be provided t^^"'!™ ^^ 
 out of any income or property of a charity, for the pay- ™*°*' ™<' 
 ment of the costs of any such transaction, shall be pro- ™ Lf j " * 
 vided or raised by the trusteSs or administrators of the 
 charity, and applied accordingly. 
 
 37. It shall be lawful for the board to authorise or Board may 
 order and direct the official trustee of charity lands and direct offi- 
 the official trustees of charitable funds respectively to oial trua- 
 convey lands, and to assign, transfer, and pay over *^^^ '" •""*' 
 stocks, funds, monies, and securities, as the board shall J[®y lands, 
 think expedient. • 
 
 38. All leases, sales, exchanges, partitions, and trans- Leases, &c., 
 actions authorised by the board under the principal to be valid. 
 Act (6) or this Act (e), shall be valid and efiectual, notwith- 
 aotwithstanding the Act of the thirteenth year of the standing 
 reign of Q,ueen Elizabeth, chapter ten, the Acts of the disabling 
 fourteenth year of the same ^ueen, chapters eleven and ^''*^' 
 fourteen, the Acts of the same Q,ueen, chapters six and 
 
 eleven, the Act of the thirty-ninth year of the same 
 Q,ueen, chapter five, and the Act of the twenty- first year 
 of the reign of Bang James the First, chapter one, or any 
 disabling Act applicable to the charity the estates 
 whereof shall be the subject of any such transaction {d). 
 
 39. It shall be lawfiu for the board to prepare, and Board may 
 under their seal to approve of, any scheme for the let- approve 
 ting of the property or any part of the property of any schemes for 
 charity (e), and all leases granted by any trustees or letting 
 persons acting in the management of any charity, 
 
 (a) Vide s. 35. 
 (6) Sect. 21. 
 
 (c) Sect. 29. 
 
 (d) See Permmgton v. Cardale, 27 h. J., Ex. 438. 
 
 (e) Generally "schemes" are for the administration of 
 charity funds, not for the management of cliarity property; 
 this clause is to provide a general system of letting. All leases 
 above seven years must, by 8 & 9 Vict. c. 106, be by deed ; and 
 if both parties execute (as lessors must, Swatnum v. AmUer, 
 
182 
 
 Charitable Trusts Act, 1855. 
 
 charitable pursuant to or in conformity with suoli scheme, shall be 
 pj:operty. valid. 
 
 Power to 
 refer bills 
 of costs in 
 charity 
 matters to 
 taxation. 
 
 Construe- ■ 
 tion of sect. 
 27 of 16 & 
 17 Viet. u. 
 137. 
 
 Taxation of Costs — Copies of Deeds. 
 
 40. The hoard may order the bill of costs or charges 
 claimed by any attorney or solicitor on account of busi- 
 ness conducted or transacted by him on behalf of any 
 charity (a), or the trustees thereof (6), to be examined 
 and taxed by the taxing masters of the Court of Chan- 
 cery, . or by the proper taxing oflScers 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 
 pf 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, 
 orderany such hill to hesotaied, notwithstanding that the 
 same may have been paid by the trustees of the charity 
 at any period not more than six calendar months pre- 
 viously to such order ; and any amount taxed off any such 
 paid bill shall be a debt due from the attorney or solici- 
 tor to the trustees of the charity, and shall be forthwith 
 paid by him to such trustees accordingly. 
 
 41. Section twenty-seven of "The Charitable Trusts 
 Act, 1853," shall be construed and operate as if the 
 words "and the trustees of the charity shall be 
 legally authorised to purchase and hold such land" 
 had been omitted therefrom, &c. [Inserted in Act of 
 1853.] 
 
 22 L. J., Ex. 81) there will be estoppel as between the parties 
 and their assignees. This clause, therefore, is chiefly to 
 guarantee the trustees or their lessees as against the charity in 
 equity, and to do so without the expense of successive applica- 
 tions on each occasion. 
 
 (a) As to costs against a charity in any ad/oerse suit, no 
 enactment is necessary ; they will be taxed in the ordinary 
 course of practice. This clause refers to costs charged for 
 business transacted in and about the affairs of the charity, in 
 preparing leases, carrying out exchanges, recovering rents, &c., 
 whether costs of suits in which the charity (through no default 
 or neglect) has failed, or extra costs of suits in \i^hich it has 
 succeeded. 
 
 (i) That is, of course, ou trustees. Vide s. 36. 
 
Accounts of Gharities. 183 
 
 42. Any deed, will, or document relating to any Deeds, &c., 
 charity may be enrolled by the board in books to be pro- relating to 
 vided and kept by them for that purpose at their office, charities 
 and a copy of any such deed, will, or document made ™?7 1*® ™" 
 from such books, and certified under the hand of the !? V'* 
 secretary or one of the commissioners, shall be received j oonfL 
 as evidence of the contents of the same deed, wUl, or <.„ i,. ,„; 
 document. • ^^^^^_ 
 
 43. [Inserted in Act of 1853.] Constrnc- 
 
 tion of sects. 55 and 59 of 16 & 17 Viot. o. 137. 
 
 Accounts of Charities. 
 
 44. (o) Section sixty-one of " The Charitable Trusts Amend- 
 Act, 1853," except so much thereof as enacts that the ™ent of 
 trustees or persons acting in the administration of every ^cot- 61 of 
 charity (6) shall, in books to be kept by them for that ^? ^ '■' ^ 
 purpose, regularly enter or cause to be entered full and "' 
 true accounts of all money received and paid respectively 
 
 on 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 this Act (c) ; 
 and the trustees or administrators of every charity shall, 
 on or before the twenty-fifth day of March, One thousand 
 eight hundred and fifty-six, prepare and make out and 
 transmit to the board an account (d) of the endowments 
 then belonging to the charity (e), 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 
 investment or employment thereof, and in what names 
 such investments are made (/) ; and such trustees or 
 administrators shall also, on or before the twenty-fifth 
 
 (a) TUs clause is to be read with s. 6. 
 
 (b) Vide interpretation clause of Act of 1863, p. 168. 
 
 (c) 7ide(h). 
 
 (d) These are to be regular accounts, or accounts without re- 
 quisition. The accounts and statements in the previous clause, 
 8. 6, are to be special, and on the requisition of the board, &c. 
 
 (e) The parties giving the accounts are in the first instance 
 to state what they deem to belong to a charity ; but they may 
 be examined thereupon, and on oath, under the previous pro- 
 visions, and may be called upon to produce deeds and other 
 documents showing what the disposition of the property was. 
 
 (/) The persons in whose names such investments are made 
 may be summoned and examined, under s. 6. 
 
184 Gharitdble Trusts Act, 1855. 
 
 day of March next, after the acquisition of any endow- 
 ment 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 
 Teal or personal estate of the charity, shall, on or before 
 the twentv-fifth day of March then next following,^ 
 transmit u> 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 prin- 
 cipal 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 
 therefrom (a), 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 (6) : 
 (3.) An account for the same period of all pay- 
 ments (c) : 
 (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 
 or more of the said trustees or administrators, and shall' 
 be audited by the auditor of the charity, if any (d) ; and 
 
 (a) Vide s. 6. 
 
 (6) Vide supra (a). 
 
 (c) This will apply even to charities of whicli the funds are 
 to be distributed or applied at the discretion of the trustees, 
 that the commissioners may see whether the whole of the funds 
 have been so appUed, vide ante, p. 51. Trustees are allowed 
 to charge for all necessary expenses in carrying out their trust, 
 and in certain cases remuneration ; and where they are them- 
 selves to perform services in carrying out the charity, they may 
 retain a remuneratire stipend or reward ; but retainer is pay- 
 ment, and must be stated and accounted for as such. 
 
 (d) If there are not, there is no provision for auditing, vide 
 next note. 
 
Accounts of Charities. 185 
 
 the said trustees or administrators shall, within four- 
 teen days after the day appointed for making out such 
 accounts, deliver or transmit a copy thereof to the com- 
 missioners at their office in London (a), and in the case 
 of parochial charities shall deliver another copy thereof 
 to the churchwarden or churchwardens of the parish 
 or parishes with which the objects of such charities are 
 identified (6), 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 regula- 
 tions as to the said board may seem iit ; 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. t> j 
 
 45. The board may from time to time make such °v ^_*^ 
 orders as they may think fit in relation to the delivery ^^^.^ ^^^ ^ 
 or transmission of the said accounts, and the forms of delivery 
 such accounts, and such orders shall be executed by all ^nd publi- 
 trustees and persons from whom the accounts to which cation of 
 they may relate are required. accounts by trustees, &o. 
 
 46. [As to this, see the Act of 1853, s. 64.] Applica- 
 
 tion of sect. 64 of 16 & 17 Vict. u. 137. 
 
 (o) There is no express provision for the auditing of the accounts 
 by the board (in case there are no auditors of the charity), but 
 under the next clause, and s. 10 of the principal Act, the board 
 have power to summon trustees to be examined on oath ; and 
 under ss. 17, 22, and 32, have power to direct proceedings in 
 Chancery, &o., and would of course exercise that power in case 
 of any gross or wilful defalcations or misapplications of charity 
 monies. 
 
 (b) Vide, as to parochial chanties. Treatise, p. 11, and 
 p. 102. And see Hobhouse's Act, 1 & 2 Will. 4, o. 60, by 
 which the vestry of every parish adopting the Act, must make 
 out, once a year, a list of all charitable foundations and bequests 
 belonging to the parish, and under the control of the vestry, 
 with the names of the trustees, and of the persons partaking of 
 the ienefUs, and to leave the lists open for the inspection uf the 
 ratepayers. This remains in force. 
 
186 Charitable Trusts Ant, 1860. 
 
 The Charitable Trusts Act of 1860. 
 (23 & 24 Vict. c. 136.) 
 
 Whbeeas it is expediont to provide increased and inex- 
 pensive 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- 
 sent Parliament assembled, and by the authority of the 
 same, as follows : — 
 TheCharit- 1. "The Charitable Trusts Act, ,1853," and "The 
 ahle Trusts Charitable Trusts Amendment Act, 1855," and this Act 
 Acta to be shall be construed together as one Act (a), and any pro- 
 construed visions of the said former Acts inconsistent with this 
 with this ^gt ajg jjgj.gj,y repealed. 
 
 Act. 2. The Board of Charity Commissioners for England 
 
 Certaia ^nd Wales, subject to the restrictions (i) and rights of 
 administra- appeal (c) herein-after provided, shall have power from 
 
 Commis- ^ ^''y judge or court for the like purposes, to make such 
 sloners. effectual orders (e) as may now be made by any judge of 
 
 (a) This applies all the proTisLons of the former Acts ap- 
 plicahle to this ; for example, it applies to the orders of the 
 board under the next section, the provision as to enforcing 
 orders of the board contained in s. 9 of the Act of 1865. 
 
 (6) Sect. 4—7. 
 
 (e) Sect. 8. 
 
 Id) Any one or more of the trustees or persons administering, 
 or claiming to administer, or interested in the charity, or any 
 two or more inhabitants of the place wilhin which it is adminis- 
 tered or applicable. But if the income is above 50Z., the appli- 
 cation must be by the trustees, or a majority, s. 4. 
 
 (e) This probably is intended to mean ' ' orders as effectml" 
 i. e., orders having de jure as much effect as the orders of the 
 county court judges, or of judges in chancery at chambers, 
 under the jurisdiction created by the Act of 1863, s. 28, and 
 nothing is here said as to the mode of enforcing the orders of 
 the board. The Act of 1866, however, s. 9, provides a remedy 
 for any disobedience to an order of the board under that Act or 
 
Powers of the Board to make Orders. 187 
 
 the Court of Chaaoery sitting at Chambers (o), or by any 
 county court or district court of bankruptcy, for the 
 appointment or removal of trustees of any charity (6), or 
 for the removal of any school master or mistress or other 
 officer thereof (c), or for or relating to the assurance, 
 transfer, payment, or vesting of any real or personal 
 estate belonging thereto (d), 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 establishment of any scheme 
 for the administration of any such charity (/■). 
 
 Powers of the Board to make Orders. 
 
 3. The said board, previously to making any order Board to 
 under the jurisdiction vested in them by this Act (g), notify to 
 shall notify to the trustees or administrators (if any) trustees of 
 of the charity to be affected thereby their intention ohaiity 
 
 of exercising such jurisdiction by notice in writing, their inteti- 
 to be delivered to them, or sent to them by the post tionof exer- 
 at their last-known place of abode in Great Britain or "^^'l^' •''^' 
 Ireland. 
 
 4. The said board shall not make any order, under the The powers 
 jurisdiction vested in them by this Act, with respect to to be exer- 
 any charity of which the gross annual income, exclu- cisable over 
 sively of the yearly value of any buildings or land used no chari- 
 "wholiy for the purposes thereof, and not yielding any ti^s of 
 pecuniary income, shall amount to Mty pounds or 'which the 
 upwards (A), except upon the application of the trustees ^"^^ '^ \i 
 or persons acting in the administration of the charity, or j gni 
 a majority of them, to be made to the said board in '' 
 
 the principal Act, and the first section of the above Act makes 
 it one Act with the former. 
 
 (a) Act of 1853, s. 28. 
 
 (b) Act of 1853, s. 32. For personal unfitness in facts 
 a^aitted, as Innacy, infancy, bankruptcy, &c., as under the 
 Tmstees Act, 1855, jiot on matters controverted. See s. 4. 
 
 (c) See Act of 1853, s. 22. 
 
 (d) Ibid. o. 48. 
 
 (e) Jbid. a. 49. 
 
 (f) Vide ante, p. 64. 
 
 {g) Which they may be about to mate on the application of 
 only one of the trustees, or of some person other than a trustee. 
 See s. 2. 
 
 (A) As estimated by the board on the accounts supplied to 
 them, and the inquiries they may have made. 
 
188 
 
 Charitable Trusts Act, 1860. 
 
 without 
 application 
 of trustees. 
 
 The board 
 shall not 
 exercise 
 jurisdiction 
 over cou" 
 tentious 
 
 Notices to 
 be given of 
 certain or- 
 ders, and 
 objections 
 or sugges- 
 tions to be 
 received. 
 
 writing; [a), under their hands if they shall be unincor- 
 porated, 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 (6). 
 
 . 5. The said board also shall not exercise the jurisdic- 
 tion hereby vested in them in any case which, by reason 
 of its contentious character, or of any special questions 
 of law or of fact (c) which it may involve [d], or for 
 other reasons, they may consider more fit to be adjudi- 
 cated on by any of the judicial courts, 
 
 6. No order appointing or removing a trustee, or 
 establishing a scheme for the administration of any 
 charity, shall be made by the said board, before the 
 expiration of one calendar month after public notice of 
 the proposal to make such order shall have been given 
 as they may consider most expedient and effectual for 
 ensuring the publicity thereof (e), 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 school master 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 
 
 (a) Describing the nature of the order, relief, or direction 
 required. 
 
 (6) That is, on the ground only that Ms religious belief 
 unfits him for the office, having regard to the particular nature 
 of the charity, religious or educational (vide ante, p. 90). So 
 that the jurisdiction of the board under > this clause as to 
 trustees (especially coupled with the next clause), rather resem- 
 bles that of the Court of Chancery on petitions under the 
 Trustees Acts, m which it cannot determine disputed questions 
 of fact, nor as to the unfitness of trustees with reference to the 
 nature of a particular trust, but merely on some plain ground 
 admitted as matter of fact ; as where it is admitted that the 
 tinistee is a lunatic or infant. If that is not admitted, the court 
 has no jurisdiction on petition. 
 
 (c) As, of facts, if the alleged reasons for the appointment 
 of new trustees are disputed or denied. 
 
 (d) li of law, Sir G. Turner's Act, or Lord St. Leonards', 
 may afford a convenient course ; if of fact, there must be an 
 application to the court in the ordinary way. 
 
 (e) By publication in the local newspapers would be obviously 
 the only effectual mode. 
 
Orders of the Board : Appeal. 189 
 
 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 tiie 
 said board, or some member thereof, or one of their 
 inspectors (o), and every notice hereby reopired shall 
 contain (so far as conveniently may be) sufficient par- 
 ticulars of the objects of the proposed order, and shall 
 prescribe a reasonable time within which any objections 
 thereto or suggestions thereon may be made or trans- 
 mitted to the board (6) ; and tj^e said board shaU receive 
 and consider all such objections 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 (c). 
 
 7. A copy of every such order when made shall, in the PuHioation 
 case of any local charity, be deposited for the space of of defini- 
 one calendar month in some convenient place within the tire orders, 
 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 relat- 
 ing 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 pub- 
 licity shall be given to the making of the order by such 
 means as the board shall consider most expedient for 
 that purpose {d). 
 
 Power of Appeal against Orders 
 of Board. 
 
 8. The Attorney-General, or any person authorised by power to 
 him or by the said board, in the case of any charity, appeal 
 whatever may be the yearly income of its endowments, against 
 and any trustee or person acting in the administration orders of 
 of or interested in any charity of which the gross yearly board, 
 income to be calculated in manner aforesaid (e) shall ex- 
 
 (a) Vide amte, p. 127. 
 
 (S) To be sent by post ; see the Charitable Notices Act. 
 
 (c) And must give notice to the tmstees before they exercise 
 their jurisdiction, s. 3. 
 
 (d) Fablication in the local newspapers will be by far the most 
 effectnal. 
 
 (e) Tide amte, p. 154. 
 
190 Charitable Trusts Act, 1860. 
 
 ceed fifty pounds (o), or any two inhabitants of any parish 
 or district in which the same shall be specially appli- 
 cable (6), may, within three calendar months next after 
 the definitive publication of any order of the said Board(e) 
 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 {d), present a peti- 
 tion to the High Court of Chancery La a summary way (e), 
 appealing against such order, and praying such relief as 
 the case may require ; and any schoolmaster or school- 
 mistress or other of&eer 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, withiu two calendar months 
 (next after his or her removal), appeal in lilce 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 stage 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 respect- 
 ing the costs, charges, or expenses incident to the appeal, 
 and may also, before hearing or proceeding vfith 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 pre- 
 sented by any person other than the Attorney-General, 
 before the expiration of twenty one days aft-er 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. 
 Who majf 9. The Attorney-General, if he shall think fit, or any 
 
 (a) Without such sanction of the board or Attorney-General. 
 (h) Without any sanction. 
 
 (c) Sect. 7. 
 
 (d) Sect. 6. 
 
 (e) As under Romilly's Act, vide ante, p. 104. 
 (/) Sections 2 and 3. 
 
Dismissal of Oncers, Sfc. 191 
 
 sperson authorised by him or by the said board, may te the re- 
 ; appear as the respondent upon any such appeal, and the spondent 
 
 court may make any order respecting the costs, charges, "" appeals. 
 
 and expenses of the Attorney-General or other defendant. Jowei-a to 
 
 10. The jurisdiction vested by this Act in the said De applio- 
 board shall be exercisable with reference to charities \ ®.!? 
 vested in any corporation sole or aggregate (a), who, yggio^ in 
 either solely or jointly with any other person or persons, corpora- 
 shall also be the recipients of the benefit thereof. tjong 4g_ 
 
 11. The jurisdiction vested by the Charitable Trusts jnrisdic- 
 Act, 1853 (6), in the district opurts of bankruptcy and ^j^^ ^f ^^g 
 county courts, over charities not possessing a larger gross district 
 yearly income than thirty pounds, shall be exercisable courts of 
 by the said courts respectively for the like purposes and bankruptcy 
 under the like provisions over charities of which the gross and county 
 yearly income for the time being, to be calculated in courts en- 
 manner aforesaid, shall not exceed fifty pounds (e), in larged. 
 the same manner as if the last-mentioned limit to the 
 jurisdiction of the said courts had been fixed by the said 
 
 former Act. 
 
 12. Any court or judge, or the said board, having Official 
 jurisdiction to authorise the official trustees of charitable trustees of 
 funds to call for a transfer of and to transfer any annul- charitable 
 ties, stock, or securities {d), may empower them also to funds may 
 receive and recover (e), in trust for the charity to which ^ empow- 
 the same shall belong, all dividends, interest, and income ^red'o 
 accrued from any such annuities, stock, or securities '^"^•''^ 
 respectively, and which shall for the time being be in jflfjlndg 
 arrear. 
 
 Powers as to Dismissal of Officers, Sfc. 
 
 13. Where any school master or mistress or other Power for , 
 officer {f), or any recipient of the benefit of a charity, magistrates 
 being in possession by virtue of his or her office, or as such to give poa- 
 recipient, of any house, buldings, land, or property of session of 
 the charity (y), shall have been removed from or shall school 
 
 (a) Ecclesiastical persons, or deans and chapters, vide anie. 
 
 (b) Sect. 32. 
 
 (c) Estimated by the board, vide amte, p. 154. 
 \d) Act of 1853, s. 51. 
 
 (e) That is, sue for, at law or in equity ; either from the 
 trustees of the charity, if the stock, &c., is re- vested in them, 
 or from the persons bound to pay the interest, &c. 
 
 (/) As to dismissal of whom, vide Act of 1853, s. 22 ; and 
 sa. 2 — 6 of this Act. 
 
 {g) As in cases of hospitals, vide ante, p. 6, and p. 88. 
 
192 Charitable Trusts Act, 1860. 
 
 buildings oease to hold such his or her office, or his or her place 
 rt^h*!/! ^^ ^""^ recipient (o), but he or she, or any person claim- 
 over br ™^ under him or her, shall refuse or neglect to relinquish 
 officers or tile Possession of such house, huUdings, land, or property 
 recipients ^thin one calendar month next thereafter, to his or her 
 of charities, successor, or to the trustees or persons acting in the 
 administration of the charity, or as they shall direct, it 
 shall be lawful for any two or more justices of the peace 
 acting for the district, division, or place in which such 
 house, buUdings, 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 certi- 
 fying such school master or mistress or other officer or 
 recipient to have been duly removed from or to have 
 ceased to hold his or her office or place (6), which order 
 under the seal of the said commissioners shall be conclu- 
 sive evidence of the facts thereby certified, and of the 
 jurisdiction of the said commissioners to make such order 
 for all the purposes of this enactment, and shall afiford a 
 complete indemnity to all 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 days thereafter, to enter 
 into the premises, and deliver possession thereof to the 
 said trustees 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 folly 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 passed in the first and second years of the reign 
 of Her Majesty, chapter seventy-foui, for facilitating; 
 the recovery of possession of tenements after the de- 
 termination of the tenancy. 
 
 (a) The board have no express power as to removal of re- 
 cipients, onless it is comprised in the power given in s. 2 ; but 
 vide pott. 
 
 (S) Astowhiob, if the removal have not been upon their own 
 order, they must first hear evidence, S. v. Smith, 5 Q. B. 614, 
 as the trustees themselves must. 
 
Semoval of Masters. 193 
 
 14. Every school master and mistress appointed after Masters 
 tHe date of this Act (a) shall be removable from his or and mis- 
 her office (6), after reasonable notice by the trustees tresses of 
 or persons acting in the administration of the charity (c), endowed 
 as they shall think expedient in the interests thereof (d), schools to 
 so nevertheless that the removal by virtue only of this te remov- 
 provision of a master or mistress who would be other- ^ble. 
 ■wise irremovable from his or her office (e) shall be 
 determined on by all or a majority of such trustees or 
 administrators [f) assembled at a meeting convened by 
 due notice, delivered or sent by the post to all 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 chair- 
 man of the meeting, and shall within seven days next 
 thereafter be transmitted to the said board for their 
 approval, and the same shall not take effect unless or 
 until the same shall have been approved by the said 
 
 (a) As to others, vide ante, pp. 88 and 133. 
 \b) See Act of 1853, s. 22 ; this clause proTides for dismissal 
 on the ground of incapacity, &c. 
 
 (c) What is ' ' reasonable notice" may be matter of question ; 
 it would probably be, in the case of a master of a free grammar 
 school, not less than six months, ending with the current year ; 
 as to others it would depend on the terms of the engagement ; 
 but if paid by yearly salary, it could not be less than a quarter's 
 notice ; but tlie question is practically to be determined by the 
 board ; see the end of the clause. 
 
 (d) The trustees are to judge in the first instance, and the 
 clause in the principal Act, s. 17, as to advice and direction of 
 the trustees, would not apply here as an indemnity (the 
 rights of third parties being involved), but may be useful for 
 guidance, see s. 13, and the subsequent proviso, as to. approval. 
 
 (e) That is, not removable for misconduct, &c., see s. 13. 
 (/) That is, a majority, not of those present, but of the whole 
 
 number, otherwise the sentence would haTe read ' ' a majority of 
 the trustees assembled," &c. 
 
 K 
 
194 OhcmtaUe Trusts Act, 1860. 
 
 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 (a) ; 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 mislies? 
 shall be made under the authority only of the preciiii' 
 ing provision without the written consent of supl 
 visitor (6) : provided always, that this section shall aoi 
 apply to any endowed grammar school (c). 
 
 ' Power as to Investment, Leasing, ^c. 
 
 Sect. 21 of 15. The power vested in the said, board by the 
 16&17 twenty-first section of "The Charitable Trusts Act, 
 Vict.o. 137, 1853," of authorising the application of monies belong- , 
 extended, jug to any charity, or to be raised on the security of 
 the properties thereof, to the improveinent of such pro- 
 perties, shall extend to authorise the application of any 
 like monies to any other purpose or object which the 
 board shall consider to be beneficial tp the charity oir 
 the estate or objects thereof, and which shall not («!) be. 
 inconsistent with the trusts or intentions of the foun- 
 dation. 
 A majority 16. A majority of two-thirds of the trustees of any 
 of trustees charity assembled at a meeting of their body duly con- 
 to have stituted, and having power (e) to determine on any sale, 
 legal power exchange, partition, mortgage, lease, or other disposi- 
 of dealing tion of any property of the charity (/), shall also have a 
 with, the legal power, on behalf of themselves and their oo-trus- 
 !=*"i= tees(^), and also of the ofacial trustee of charity 
 lands [h), where his concurrence would be otherwise 
 
 (a) As to the duration of the "reasonable notice" tequired, 
 vUe p. 193, n. (c). 
 
 (5) See Wkiston, v. Bishop of Bocheater, 7 Hare, 532. 
 
 (c) See 3 & 4 Tict. c. 77, the Endowed Giammer Schools Act, 
 which contains a similar pro-vision. 
 
 (d) That is, in the opinion of boaard. For by s. 17 of the 
 principal Act, no application to the Court of Chancery can be 
 made without their sanction, except by the Attomey-GenenflS;- 
 
 (e) That is, by the terms of their trust, or with the sanction 
 of the board, tinder s. 29 of Act of 1855. 
 
 (/) Where they have not such power, the hoard can sanction 
 such dispositions ; vide {e). 
 (g) Dissenting. 
 (h) Vide Act of 1855, s. 16. 
 
Cuitody of Deeds, ^c, 195 
 
 required (o), to do, enter into, and execute all such 
 aote, deeds, contracts, and assurances as shall be requi- 
 site 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 respectively done, 
 entered into, or executed by all the acting trustees for 
 the time beia^, and by the said official trustee. . 
 
 17. No official trustee of charitable funds, appointed V^™^'- 
 under or in pursuance of the first (6) or secondly recited * ^ v. 
 Act (c), shall be chargeable with or accountable for any accountable 
 loss or misapplication of the said charitable funds, or f^j. j^gg „„. 
 the dividends, interest, or income thereof, unless the legg ocoa- 
 eame shall have been occasioned by or through his own sioned by 
 wilful neglect or default (d). his own 
 
 18. The official trustees of charitable funds shall lay neglect, 
 before Parliament annually, on or before the fourteenth Accounts to 
 day of February, or as soon as practicable after Parlia- be laid be- 
 ment shall be sitting, an account of the total amount fore Farlia- 
 of the capital stock, shares, and securities transferred ment. 
 
 to them in the year ending the thirty-first day of 
 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 capitiu 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 Decem- 
 ber. 
 
 19. The board may require any person having the Power to 
 custody or control of any deed or document in which require the 
 any charity or charities shaU be solely interested (e) to transmis- 
 
 (a) The reason of his having the legal estate vested in him. 
 The gist of the enactment is to carry out the principle that he is 
 to beabare trustee (vide ante, p. 175), and to give the majority 
 the same powers of acting with out his concurrenceas if they 
 had the legal estate, and also to do away with questions as to 
 non-concurrence of co-trustees. See the end of the clause. 
 
 (b) Act of 1853, B. 47. 
 
 (c) Act of 1865, B. 15. 
 
 (d) See Lord St. Leonards' Act, 22 & 23 Vict. c. 35, 
 B. 31. 
 
 (e) This stringent enactment, therefore, does not apply where 
 there are dispositiouB in the deed or will for the personal or 
 
 K 2 
 
196 Chantdble Trusts Act, 1860. 
 
 sion of transmit the same to the office of the said commissionerrf 
 documents for examination (o) ; and where such deed or docnmenili 
 belonging ^\^^\\ jjoj ^g held by any person entitled as a trustee 
 to eharities. „j. otherwise (6) to the custody thereof, the board may 
 either retain the same, for the security thereof, in the 
 repository provided by them under the, sixly-third sec- 
 tion of "The Charitable Trusts Act, 1853,''^ or, as they 
 may think most advantageous to the charity, may there- 
 upon, or at anytime thereafter, return or issue the same 
 to the trustees or persons acting in the admisistiation 
 of the charity, for the purposes thereof. 
 
 Orders, how enforced and oheyed. 
 Orders to 20. All orders made by the said hoard under the pro- 
 be enforce- visions of this Act shall be enforceable by the same 
 able as means, and shall be subject to the same provisions, as 
 under for- are applicable, under the Charitable Trusts Act, 1863 (e), 
 mer Acts, and the Charitable Trusts Amendment Act, 1855 {d), 
 respectively, to any orders of the said board made 
 thereunder. 
 Board to 21. The said board shall from time to time make 
 
 make such minutes as shall be required relative to the institu- 
 
 minutes. tion and conduct of their proceedings under the juris- 
 diction created by this Aot(e). 
 Indemnity 23. Every order made under this Act under which 
 to the Bank any stock, shares, securities, or monies shall be trans- 
 of England ferred or paid to or deposited with the trustees of any 
 and others, charity, or the official trustees of charitable funds, shall 
 affi}rd a complete indemnity to the Grovernor and Com- 
 pany of the Bank of England, and to all companies and 
 persons by whom respectively any such transfer, pay- 
 ment, or deposit shall be permitted or made, for per- 
 
 absolute benefit of any party. The board may tiscertain whether 
 this ia so by calling for its production under the powers of the 
 principal Act. See the Act of 1853, s. 12. 
 
 (a) Which must mean more than mere production ; for the 
 board had already been empowered to call for the production 
 i)f omy deed; see Act of 1853, s. 12, and Act of 1855, s. 7. 
 It probably includes the power of taking copies for more mature 
 consideration than can be convenient in the case of an original. 
 
 {T>) The enactment only applies to deeds or documents in 
 which there are no dispositions but in ti-ust for a charity, vide 
 rupra, p. 196 (c). 
 
 (c) See B. 14, and s. 20. 
 
 (d) Sees. 9. 
 
 <«) See the minutes in Appendix, pott, 211. ' 
 
Orders: how Enforced. 197 
 
 nutting or mtLking the same, and the said goveTnor and 
 company and ol£.eT companies and persons shall he 
 required to give effect or conform to such order, and 
 it shall not he necessary for them to inquire concerniag 
 the propriety of the same order, or the jurisdiction 
 under which the same shall purport to he made. 
 
 24. Every commissioner, secretary, and inspector act- Commia- 
 ing under or employed for the ptaposes of the said Acts sioneTs,&c., 
 shall he exempt from serving on juries while he shall he exempted 
 so acting or employed. &om serving on juries. 
 
 25. This Act may he cited jor all purposes by the Short title, 
 short title of "The Charitahle Trusts Act, 1860" (a). 
 
 (a) Vide <mte, p. 186. 
 
198 Boman CathoUo Charities Act. 
 
 Boman Catholic Charities Act. 
 
 (23 & 24 Vict. c. 134.) 
 
 Charities 1, No existing or future gift or disposition of real or 
 for lawful personal estate upon any lawful charitable trust for 
 purpoBes the exclusive benefit of persons professing the Roman 
 not to be CathoUo religion (o) shall be invalidated by reason only 
 b^^h "^di- ^^^ '^™® estate has been or shall be also (6) subjected (c) 
 Son of -an- ^ ^^^ trust or provision deemed to be superstitious (<i), 
 lawful ™ otherwise prohibited by the laws afieoting persons 
 trust but professing the same religion (e),. but in every such case 
 the pio- it shall be lawful for the High Court of Chancery, or 
 perty may any judge thereof sitting at chambers, in exercise of 
 be appor- the jurisdiction created by the Charitable Trusts Act, 
 tioned, and 1853, upon the application of Her Majesty's Attor- 
 
 (a) That is, for Boman Catholic chapels, or clergymen as such, 
 or the Roman Catholic worship or schools, under 2 & 3 WiU. 
 4, c. 115. Vide mUe, p. 30. 
 
 (6) That is, the same gift or disposition — one entire gift for the 
 lawful and the unlawful uses. If the gifts are separate, and are 
 deemed superstitious, the clause as to the lawful gift is not needed, 
 and as to the other wiU not apply. In point of &ct there are no 
 gifls for the uses deemed superstitions, except connected with 
 some gifts to individuals, lay or ecclesiastical ; if to ecclesiastics, 
 gifts for their support are htwfnl charitable trusts, vide supra; 
 or if to laymen, other charitable purposes are usually added ; 
 but if not, probably the gift for the uses deemed "superstitious" 
 might, as it would be impossible to give effect without aiding 
 the support of a priest, be itself deemed in part for a lawful 
 charitable trust. It is implied, by the fifth section, that there 
 may be such dispositions without any deed or document declaring 
 the trusts, as to which see that clause ; whence it results that, 5 
 the application has not for twenty years been partly to the uses 
 deemed superstitious, the commissioners must frame a scheme. 
 
 (c) By express terms of the deed ; or disposition and requeit 
 'will be sufficient, vide a/nie, p. 50 j or by usage, according to 
 s. 5. 
 
 (d) That is, for divine services to be offered for the benefit of 
 the soul of a particular person or his femily. Trusts for the 
 celebration of Boman Catholic divine services generally have 
 never been deemed superstitious since the Act 2 & 3 Will. 4, 
 although such services are always jjro defwnctis; vide miie, p. 80. 
 
 (e) As by the law against male religionists. 
 
Commutation of 7¥nsts, Illegal. 199 
 
 ney-General, or of any person (a) authorised for this the whole 
 purpose by the certificate of the Board of Charity Com- applied to 
 missioners for England and "Wales (6), or for the said lawful pur- 
 board (c) upon the application of the person or persons Po^es. 
 acting in the administratiou of such real or personal 
 estate, or of a majority of suoh persons (d), to appor- 
 tion the same estate, or the annual income or benefit 
 thereof, so that a proportion thereof, to be fixed by 
 suoh court or judge, or by the said board, as the 
 case may require (e), may be exclusively subject to 
 the lawful charitable trusts declared by the donor or 
 settlor (/■), and that the residue thereof may become sub- 
 ject to such lawful charitable trusts, for the benefit of 
 persons professing the Boman Catholic religion (^), to 
 take effect in lieu of such superstitious or prohibited 
 trusts, aa the said court or judge (h), or the said board, 
 may consider under the circumstances to be most 
 just (t) ; and also that it shall be lawful for the court 
 or judge, or board, maJdng any such apportionment by 
 the same or any other order or orders to establish any 
 scheme for giving eflfeot thereto {k), and to appoint 
 trustees for the administration of the several portions 
 of such real and personal estate {I), according to the 
 
 (a) Trustee or other person, under s. 17, but in some way 
 connected with or concemed in the charity. 
 
 (i) Sect. 17. The board can only act on the application of the 
 trustees, but they may authorise any other person a/t all events 
 interested in the charity to apply. 
 
 (c) See the Charitable Trusts Act of 1860, ». 2, last line. 
 
 (d) Vide supra. 
 
 (e) Implying that the gift is one entire gift of a fund, as an 
 estete for uses partly lawful, partly not so ; as to which, mdt 
 rupra, p. 198 (6). 
 
 (/) Vide supra, p. 198. for) Vide swpra (5). 
 
 (A) Consulting, as usual in framing schemes for religious 
 schemes, not only the trustees and parties interested, but the 
 ecclesiastical authorities, aa to the proper mode of giving effect 
 to the trusts, according to the discipline of the Eoman Catholic 
 Church ; vide ante, p. 96. 
 
 (t) Afl in case of a gift of a gross sum or fund to an ecclesiastic, 
 with a general request for the benefit of divine services. This 
 would authorise the court or commissioners to allot to the indi- 
 vidual ecclesiastic a reasonable stipend, and allot the rest to other 
 ,«cclesiaatics or the ecclesiastios of various chapels. 
 
 (i) See Charitable Trusts Act of 1860, s. 2. 
 
 (}) As in the case of allotment of a gift as above, the inter- 
 
200 
 
 No proceed- 
 ings to be 
 instituted 
 as to deal- 
 ings with 
 BiOman 
 Catholic 
 charities 
 prior to 
 2 & 3 Will, 
 4 c. 116. 
 
 Certain 
 deeds for 
 Koman 
 
 Soman OathoUc Charities Aet. 
 
 trusts established of the same proportions respective^ 
 and to vest the estate to he so apportioned in the trus- 
 tees so to be appointed. n . •i_ i 
 
 2. No proceedings at law or in eqtiity shall be Brought 
 or instituted (o) on account or La respect of any dealings, 
 transactions, matters, or things with or concerning any 
 real or personal estate subject to any use, trust, gift, 
 foundation, or disposition for any charity 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 (6) : provided that 
 nothing herein contained shall extend to sanction or 
 exempt &om such proceedings as aforesaid the fraudu- 
 lent misapplication or (c) conversion of any such real 
 or personal estate to any private use or purpose not being 
 charitable (rf). 
 
 3. No deed nor other assurance for any charity relating 
 to ot connected with the Boman Cathouo religion made 
 subsequently to the passing of the Act 9 Geo. 2, 
 
 vention of trustees heing necessary to secure the permanence or 
 continuance of the endowments. 
 
 (o) This may, by its terms, either mean prooeedines by any 
 parties entitled to the 5cm^ of the trust or foundatipn, or the 
 heirs or legal representatives of the donors, claiming adversely 
 to the charity, on the ground of the illegality or invalidity of the 
 disposition. The proviso at the end rather tends to show that 
 the former is the meaning, especially as, since the statute, the 
 period of twenty years has run. Moreover, as to illegality, it 
 is provided for by the first clause ; as to invalidity (under the 
 Act of George 2, against alienations of land iot charitable uses, 
 except by deed enrolled), it is provided for in the next seoticm. 
 The scope of the danse, therefore, seems hreach of trust. And 
 as to breach of trust there is no limitation as between trustee 
 and ceatm que trust ; and any mis-application of such fonds by 
 the trustee, to his own benefit or otherwise, would be a breach 
 of trust ; but (as the proviso at the end of the clause implies), 
 there may be mis-application even to parties' own benefit with- 
 out, yet not fraudulent, nor involving any restitution as to the 
 ^asf, although requiring rectification as to the future. 
 
 (&) The Act legalising gifts for support of the Boman Catholic 
 religious worship and education, m'^e amle, p. 30. 
 
 (c) The word fraudulent is to be taken as if introduced 
 here, clearly overriding both clauses of the sentence. 
 
 (d) That is, without any real or reasonable belief in a rifjiit. 
 See the proviso to s. 6, 
 
Provisions as to Enrolment. 201 
 
 0. 36 (a), and before the passing of this Act (J), shall Catholic 
 be void or voidable by reason of the same not having charities 
 been made, perfected, or enrolled in the manner directed "°* *? ^^ 
 by the first-named Act or otherwise, under the pro- '"'l'^ ^^ ^.°" 
 visions of the said Act (c), if such deed or assurance has ™1*'^ f'-^^' 
 been or shall be, within twelve months after the passing ™ ^"^"^ 
 oi this Act (d), enroUed in the High Court of Chancery : fo™T^gg. 
 provided that every deed or assurance for any such j^g of Act 
 charity as aforesaid coming within the provisions of the 
 Act passed in the ninth year of the reign of King George ?5°" ' 
 the Fourth, intituled " An Acffor remedying a Defect g q^^ ^ 
 in the titles of Lands purchased for Charitable Pur- j gg ' ' 
 poses," shall have the benefit thereof notwithstanding 
 anything herein contained (e). 
 
 4. The expense of the enrolment of any deed under Expense of 
 the third section of this Act shall be defrayed out of the enrolment, 
 property subject to the charity to which the same may ^""^ *" ''e 
 relate. defrayed. 
 
 5. Where any (/) real or personal estate, subject to The trusts 
 any use, trast, gift, foundation, or disposition for any pf charities 
 oharity relating to or connected with the Roman Catholic '" *''^ ^^" 
 
 (a) Only such are within that Act. See p. 52. 
 
 (6) Passed, 28th August, 1860. 
 
 (c) It is only defects tinder that Act which are aided. If 
 there is not a valid declaration of trust under the statute of 
 Charles, the charity will not be aided : but see p. 67. 
 
 {d) That is, from the 28th day of August, 1860. No deed 
 can safely be enroUed subject to a trust for uses deemed 
 superstitious, nor if for any uses prohibited — as, for ex- 
 ample, if the trusts are for a religions order of Inales. When 
 a deed is now enroUed disclosing trusts for uses "deemed super- 
 stitious," the trustees or donees will have no alternative but to 
 apply to the board or a judge at chambers to sanction a com- 
 mutation of such trusts. There will be the alternative of 
 risking the loss of the property in an adverse suit by the heir 
 of donor, whose right, however, accruing on the entry of trus- 
 tee or death of donor, will be barred by twenty years' pos- 
 session of donee under the Statute of Limitations ; as to which 
 vide Brassington v. Llewellyn, 27 L. J., Ex., 297. 
 
 (e) 9 Geo. 4, c. 86, passed 25th July, 1828, aide sapra. 
 It provides for the enrolment of deeds executed before that 
 time, conveying property to charitable uses for valuable con- 
 sideration, omitting the enrolment, which it was supposed, 
 erroneously, did not require enrolment. 
 (/) Any part of the property the subject of a disposition. 
 
 E 3 
 
202 Boman GatJiolic Charities Act. 
 
 sence of religion (fl), shall hare been applied upon any charitable 
 
 aettlementa trusts relating to or connected with the same religion (6) 
 
 may be during any continuous period of twenty years, but the 
 
 ascertained original trusts of such property shall not be ascertained 
 
 from the ^jy j^gans of any written document (c), the consistent (rf) 
 
 ^^*' usage of the last preceding twenty years (e), or of the 
 
 last period of twenty years during which any consistent 
 
 usage in the applicauon 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 6. Nothing in this Act contained shall extend to give 
 
 to preju- effect to any use, trust, gift, foundation, or disposition 
 
 dice past heretofore made which has been already avoided in any 
 
 or pending proceeding at law or in equity, or to prejudice any suit 
 
 proceedings at law or in equity commenced before the passing of this 
 
 or adverse ^gt, or to affect (/) any property held or enjoyed bene- 
 
 poBseasion. fioially by any person or persons at the time of the 
 
 (o) Whether " lawfiil " or " deemed to be superstitions," as 
 mentioned in a. 1. 
 
 (6) Lawful, and not such as are " deemed to be superstitions," 
 as in s. 1, for such are not charitable in the sense in which the' 
 courts use the word; vide Treatise, p. 36. And qimre, what 
 will be the effect of usage to apply the fund wholly or partly to 
 sach uses ? In substance it can only have been applied to tbi^ sup- 
 port of the priest who celebrated the divine services, which would 
 be a charitable use, if the donor had so declared it to be his 
 object. If the clause does not apply to such a case, the only 
 effect will be that the matter will be left as it would have been 
 without the clause, i.e. usage wiU be evidence, but not con- 
 clusive; and supposing the commissioners satisfied that the 
 trust was for uses "deemed superstitious," the first section will 
 apply. Of course this clause does not refer to an application to 
 the personal benefit of the donee ; mde proviso in s. 6. 
 
 (c) If they are, then if oinly lawful, these clauses do not 
 apply ; if partly unlawful, the fitst clause applies. 
 
 (d) Thjs seems superfluous : if the practice has not been 
 consistent, it cannot have been a "usage," — certainly not a 
 usage of twenty years. If there is neither deed nor usage nor 
 discretion in the donees or trustees, the court or commissioners 
 must frame a scheme ; vide ante, p. 49. 
 
 (e) If the usage has been to apply the funds wholly or in 
 part in the offering of masses, tfaen by virtne of this enactment 
 the first clause will be applicable, 
 
 (/) "Nothing in this Act contained" (i.e. s. 1 or s. 5) "is 
 to affect " such property, or the right to it, which remains 
 where it did. The application of it, even for twenty years, for 
 
Provisions as to Usage, Jfe. 203 
 
 passing of this Act adversely to any suoh use, trust, 
 gift, foundation, or disposition. 
 
 7. Nothing in this Act contained shall be taken to Nothing in 
 repeal or in any way alter any proyisions of an Act passed this Act to 
 in the tenth year of His late Majesty King George the repeal pro- 
 Fourth, intituled " An Act for the "Relief of His Ma- Tisions of 
 jesty's Roman Catholio Subjects," respecting the sup- l®*^-^! ''•7' 
 pression or prohibition of the religious orders or societies 
 
 of the Church of Rome bound by monastic or religious 
 vows (a), 
 
 8. In the construction of tMsf Act, except where the Interpreta- 
 context or other provisions of this Act shall require a tion of 
 different construction, the expression " Charity" herein "Charity." 
 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 " (6). 
 
 donee's own use will not " affect " the right Now s. 1 only 
 applies in this way, that in substance a gift for uses "deemed 
 superstitious" is a gift for the "support of the priest, or priest 
 who may celebrate the services ; and that being so, such priest's 
 enjoyment of the income cannot possibly be deemed " adverse," 
 so as to bar the application of the Act ; for it would be con- 
 sistent with a secret trust for such uses or services, as in any 
 view the priest would enjoy the fund for life under such trust. 
 Then, as to the previous clause (5) it has — except in the view 
 above suggested, viz., that of a gift in trust for the support of 
 priests — no application to such a case ; for it speaks only of a 
 usage as to an application to any clw/ritable trusts ; and a 
 bequest to a partixsular person or persons (as distinguished 
 from a body or class) for their own personal benefit, is not a 
 charity, but a private gift or legacy,; and if it be for a «mc- 
 ceiawn of persons, who are tp exercise certain functions, it is a 
 trust. Vvie ante, p. 48. 
 
 (a) So that if any of the trusts are for the support of such 
 houses or orders, they would have to be commuted under s. 1. 
 And a usage so to apply a fund would not be evidence of a 
 lawful charitable trust under s. 6. 
 
 (6) That definition includes chapels, and the exception of 
 chapels in the Act of 1853 is not applied. But Koman Catholic 
 chapels are always partly supported by voluntary offerings ; so 
 that even if endowed the Act applies only to the endowments. 
 See Act of 1853, s. 62. 
 
204 
 
 APPENDIX. 
 
 GENERAL ORDERS and RULES of the Gma-t of 
 Chancery, relating to Procedure under " The Ghari- 
 table Trusts Act, 1853." 
 
 New Order of Court of Hilary Term, 1860, under the 
 Charitable Trtists Act qf 1853. 
 
 I, &c., in puTsnance of an Act, &c., intituled "An Act for 
 the better Administration of Charitable Trusts," direct : — 
 
 1 . That any application to a judge at chambers, under 
 " The Charitable Trusts Act, 1853," section twenty-eight(o), 
 shall be made by summons, and auch summons may be in 
 the form set out in schedule [K. No. 1] annexed to the 
 General Order (6), or as near thereto as the nature of the 
 case may permit. 
 
 The fees payable on proceedings before the Master of 
 the Rolls, or any of the Vioe-CLancellors under the said 
 Act, shall be the same as are payable according to the 
 Orders XXXVIII. and XXXIX. (c), in respect of other pro- 
 
 fa) Vide ante, p. 140. 
 
 (6) That is, " In Chancery. 
 
 In the matter of the [the name of the cha/rity] 
 and of the Charitable Trusts Act, 1853 
 [or 1863 md 1856, or 1853-56 omd 60, 
 (W the case may le\. 
 Let all parties concerned attend me at my chambers \jslate where] 
 on, &c., on the 'hearing an application on the part of \hen-e state 
 on whose hehaZf the application is made, and the precise oiject of 
 the a/pplication'\. Dated, &c. 
 Note. — If yon do not attend, either in person or' by your solicitor, 
 at the time and place above mentioned, such order -will he 
 made and each proceedings taken as the judge may think 
 just and expedient. 
 See the new orders in Chancery, Order XXXV., as to proceed- 
 ings in chambers ; which embrace applications under the Trustees' 
 Act. 
 
 (c) Goldsmith's Practice of Equity, Appendix, p. 68. There is 
 
Bules of Procedure in the Coimty Courts, 205 
 
 oeedings commencing by summons, and shall also be in 
 all other respects legalated by those orders. 
 
 In all oases in which the Master of the Eolls, or any 
 Vice- Chancellor, shall direct that any matter commenced 
 by summons under the said Act shall be heard in open 
 court, the same fees shall be payable, and the same costs 
 shall be allowed, as would have been payable in respect of 
 any other matter so heard. 
 
 No order made under the said Act by a judge in cham- 
 bers shall be subject to appeal where the gross annual 
 income of the charity has fliot been declared by the charity 
 conunissioners for England and Wales to exceed one 
 hundred pouuds, unless the judge by whom such order may 
 have been made, shall certify that such appeal ought to 
 be pemutted, eitiier absolutely or on such terms as the said 
 judge may think fit to impose. 
 
 The Lord Chancellor's Orders as to the Jurisdiction exer- 
 cised under the Charitable Trusts Act hy the County 
 Courts, 8th December, 1853. 
 
 Oedees for regulating proceedings by and before the 
 judges of county courts, under the Charitable Trusts 
 Act, 1853, and for fixing and determining the fees to 
 be taken in respect of such proceedings : 
 
 1. The clerk of every county court shall keep a book, in 
 the form in the schedule hereunto annexed, to be called 
 " The Charitable Trusts Book," in which a record shall be 
 kept of all proceedings taken in that court in matters of 
 charitable trusts. 
 
 2. When any person has obtained the required order 
 or certificate from the charity commissioners, and he is 
 desirous of taking proceedings in the county court, he 
 shall produce such order or certificate to the clerk, who 
 shall retain and file the same in numerical order in his 
 office ; and the party producing such order or certificate 
 shall be deemed the plaintiff' in such proceedings, and the 
 person served with a summons under Order IV. shall be 
 deemed the defendant. 
 
 3. When the Attorney-General shall propose to take 
 
 a provision in the Charitable Trusts Act, 1855, s. 40, for taxation of 
 costs in charity cases ; bat, which is far more important, the Act 
 of 1860 enables them in many cases to adjudicate without recourse 
 to Chancery, which necessarily entails expense upon the charity. 
 
206 Bules ofProcedttre 
 
 proceedings in the county court, he shall cause to bfe 
 delivered or transmitted to the clerk a written statement^ 
 showing the nature and object of the proposed proceedings, 
 and the clerk shall retain and file such statement in nu- 
 merical order in his office, and the Attorney- General shall 
 in such proceedings be deemed the plaintiff, and the person 
 served with a summons under Order lY. shaU be deemed 
 the defendant. 
 
 4. Upon the production of any order, certificate, or 
 statement herein-before mentioned, the clerk shall, at the 
 instance of the plaintiff, prepare a summons thereon, in the 
 form set forth in the schedule hereunto annexed, in which 
 shall be stated the substance of the order, certificate, or 
 statement, and he shall make ak many copies tliereof as 
 there are parties required by the plaintiff to be summoned, 
 and two additional copies, the one to be filed in the clerk's 
 office, and the other to be transmitted to the charity com- 
 missioners. 
 
 6. The clerk, if required by the plaintiff, shall prepare 
 a notice to attend proceedings, in the form set forth in the 
 said schedule, to be served on any persons indicated by 
 the plaintiff, besides those summoned under the last pre- 
 ceding order, and the said clerk shall make as many copies 
 thereof as there are persons to whom such notice is to be 
 given, and two additional copies, one to be filed in his 
 office, and the other to be transmitted to tlie charity com- 
 missioners. 
 
 6. The clerk shall forthwith transmit, by pre-paid post 
 letter, a copy of the sum?nons to each of the parties required 
 to appear, and a copy of the notice to attend proceedings to 
 each of the persons indicated by the plaintiff, and such 
 transmission shall be sufficient service, unless the judge 
 shall otherwise direct. 
 
 7. Where the plaintiff does not require any summons or 
 notice to attend proceedings to be issued, the clerk shall pre- 
 pare a notice of hearing, in the form set forth in the said 
 schedule, and two additional copies thereof, one to be filed 
 in his office, and the other to be transmitted to the charity 
 commissioners, and shall either deliver such notice to the 
 plaintiff, or cause it to be served on him by pre-paid post 
 letter, unless the judge shall otherwise direct. 
 
 8. In all oases it shall be competent for the clerk, if 
 required by the plaintifi', to summon some persons, and to 
 serve others with either or both of the said notices, or to 
 serve a notice of hearing on the plaintiff, and a notice to 
 attend proceedings on any other person. 
 
 9. In all oases it shall be competent for the judge to 
 
in the Covrnty Cowrts. 207 
 
 direct what persons, or additional persons, shall be served 
 with a summons or rtotice to attend proceedings or notice of 
 hearing. 
 
 10. Upon the requisition of the charity commissioners, a 
 copy of the judge's note of the evidence taken at the 
 hearing, or such part thereof as may be required by the 
 commissioners, shall be transmitted by the judge to them at 
 their office by post or otherwise. • 
 
 11. Upon the requisition, of the Attorney-General, in pro- 
 ceedings instituted by him, a copy of the judge's note of 
 the evidence taken at the llearing, or such part thereof as 
 may be required by the Attomey-Q-eneral, shall be trans- 
 mitted to him by post or otherwise. 
 
 12. A copy of the summons, notice to attend proceedings, 
 notice to appear, together with a copy of the order made by 
 the Court, shall in all. oases be transmitted, by the clerk, 
 forthwith after the hearing, by post or otherwise, as the 
 judge shall direct, to the office of the commissioners. 
 
 13. Where the annual income of the charity exceeds lOZ, 
 the court fees shall be payable as in cases within the 
 ordinary jurisdiction of the Court, without piejudiee to the 
 privilege of the Attorney-General as to costs, and the chari- 
 table funds may be made liable to the payment thereof, at 
 the discretion of the judge. 
 
 14. Where the annual income of the charity does not 
 exceed the sum of \0l. no fees of court shall be payable 
 out of the funds of the charity ; nor shall any fees be paid 
 by any party to the proceeding, unless the judge shall, 
 in his discretion, order any of the parties to the proceeding 
 before him to pay such fees of court as he shall think fit, 
 without prejudice to the privilege of the Attorney-General 
 as to costs. 
 
 15. Where court fees are payable, they shall be calcu- 
 lated according to the scale of fees applicable to proceedings 
 for the recovery of tenements under the 9 & 10 Vict. c. 95, 
 s. 122, the annual income of the charity, like the annual 
 rent of the tenement, being treated as the basis of calcu- 
 lation. 
 
 16. The order or certificate of the commissioners, or 
 statement of the Attorney-General, as to the amount of 
 the annual income, shall be conclusive on the Court, 
 
 17. The enactments, Secretary of State's orders, practice, 
 and forms in force and used in the county courts shall, sub- 
 ject to the foregoing orders, be adopted with reference to 
 proceedings in matters of charitable trusts, so far as the 
 same are applicable, mutatis mutandis. 
 
 18. The above orders shall be in foree cntil further 
 
208 Ibrms ofFrocedure 
 
 orders shall be made, under the Charitable Trusts Act, 
 1853, for regulating proceedings in the county courts re- 
 lating to charitable trusts. 
 
 SCHBDTTLE OS FOEMS. 
 
 Summons, 
 
 In the County Court of , holden at . 
 
 (Seal). 
 
 In the matter of {title of charity). 
 No. of charity. 
 
 {Name, description, and address of party to he sum' 
 moned). Tou are hereby summoned to appear at a county 
 
 court, to be holden at , on the day. of , 18 — , 
 
 at the hour of in the forenoon, upon the hearing, of 
 
 an application which has been made to the Court in the 
 matter of the above charity, by which it is suggested (here 
 state substance of order, certificate, or statement). And you 
 are informed, that if you do not attend, pursuant to the 
 requisition of this summons, the Court may proceed in the 
 matter in your absence, and make such order as may appear 
 just therein. And you are further informed, that if you 
 do not obey such order, you mil be liable to be imprisoned 
 by order of the Court. 
 
 A. B., 
 Clerk of the Court. 
 
 Dated this — — day of , 18 — . 
 
 Notice to attend Proceedings. 
 
 In the County Court of , holden at . 
 
 (Seal). 
 
 (In the matter of {title of charity). 
 No. of charity. 
 
 {Name, description, and address of party to whom notice 
 is to he given). Take notice that the hearing of an appli- 
 cation in the matter of the above charity, by ■which it is 
 suggested {here state substance of order, certificate, or state- 
 ment), will take place on the day of , 18 — , at 
 
 the above county court. 
 
 The object of this notice is, that if you are desirous of 
 attending the said hearing, you are at liberty to do so, and 
 
in the County Courts. 209 
 
 you may be heard in support of any objection you may 
 nave to such proceedings in respect of the above charity. 
 
 Bat if you do not attend at the hearing, you will not be 
 subject to any costs or penalty in respect of such non- 
 attendance, 
 
 A. B., 
 
 Clerk of the Court. 
 Dated this day of , 18—. 
 
 Notice of Hearing, 
 
 In the Comity Court of , holden at . 
 
 (Seal). 
 
 In the matter of (title of charity). 
 No. of charity. 
 
 {Name, description, and address of party to whom notice 
 is to be given). Take notice, that the hearing of the appli- 
 cation in the matter of the above charity is appointed to 
 
 take place at this court on the day of ■^— , 18 — (a). 
 
 A. B., 
 Clerk of the Court. 
 Dated this day of , 18—. 
 
 Form of Mecord. 
 Ashley, Lady, Charity of. In the matter of. 
 No. 1. 
 
 On the day of , 18 — , an order (" certificate," 
 
 or " statement," as the case may he) was produced.' by 
 {state the party producing or transmitting it), and the same 
 has been numbered 1, {or as the case may he, according to 
 the priority of production to the clerk). 
 
 On the day of , 18 — , a summons {or other pro- 
 cess, as the case may he) was issued, and directed to be 
 served by post {or otherwise, as the case may he) on {state 
 the parties), requiring him ("her," or "them," as the case 
 
 may be) to appear at this court on the day of , 
 
 18—. 
 
 At a court holden on the day of , 18 — , appeared 
 
 {state parties appearing, or reasons for not aj^earing, and 
 whether they appeared by counsel w otherwise. If any 
 a^ournment takes place, state the cause thereof, and adjourn- 
 
 (a) This should be at the earliest conyenient sitting of the Court. 
 
210 Worms of ProeedMre in the Goilmty Oowts. 
 
 ment, and until when adfoumed ; then, on the adjournment 
 day, proceed in a similar manner as on the first day of 
 hewing : and the same on every successive adjournment day. 
 When the matter isfmall/y disposed of, then proceed) — 
 
 The matter having been heard, the Court made the 
 following- order — {Here state the order. If any other pro- 
 ceedings, whether hefore or after the final order, are taken 
 in the matter; they must he recorded in a similar manner 
 in their proper places. It will not he necessary to set forth 
 on the record any of the evidence, as that will appea/r on 
 the judges nates ; hut any document produced, or any copy 
 thereof, which the judge requires to he filed, should he filed 
 along with the other papers relating to the mOitter). 
 
 When the record of proceedings in any charity occupies 
 more than one page, the record may he continued on the 
 next hlank page, and a reference should be made from such 
 previous page to such next page, and from such next page to 
 such previous page. The hook in which the record is kept 
 should be paged throughout, and have an alphabetical in^ic 
 at the end. The names of the charities should he arranged 
 in the index alphabetically, and the numbers of the pages in 
 which any proceedings are recorded should be given at the 
 end of the names). 
 
2]1 
 
 RULES OP THE CHARITY COMMISSIONERS. 
 
 No. 1. — Qeneial Minutes lelatjjig to the Proceedings of the Com- 
 missioners and tiieir Inspectors ; 
 
 No, 2. — Begnlations and Instrnctions concerning Applications to 
 the Board, trith Forms of Application, &c. 
 
 No. 1. 
 
 General Minutes relating to the Proceedings of the 
 Gom/misdoners and their Inspectors. 
 
 1. The commissioners attending daily at their office for the 
 despatch of business Till sit as a board as often as occasion shall 
 require, and, notwithstanding any ajoumment, will resume their 
 sittings when necessary. 
 
 2. All commnnications, papers, and documents addressed or sent 
 to the commissioners or their secretary shall be forthwith regis- 
 tered, and laid before the board. 
 
 3. A separate register shall be kept of all deeds, muniments or 
 documents relating to charities which may be deposited with the 
 board. 
 
 4c. Begisters shall be kept of all letters, instruments, and docu- 
 ments sent &om the office. 
 
 5. A summary or breviate shall be made, and kept in the office, 
 of the proceedings'in every matter brought under the consideration 
 of the commissioners. 
 
 6. The seal of the commissioners shall not be afSxed to any docu- 
 ment except at a sitting of the board. 
 
 7. As a general rule, the board mU require applications with 
 reference to any, charity to be made in writing, and signed by the 
 applicants ; but the board, Trithont any precedent application to 
 them, ■will institute inquiries and exercise their powers with respect 
 to any charity where it shall appear to them expedient to do so. 
 
 8. As a general rule, applications will be proceeded with in the 
 order in which they are received, except where the board shall (in 
 
212 Sules of the Oharity Commissioners. 
 
 cases of urgency or for any special reason) tHnk fit to depart firom 
 this rule. 
 
 9. All official correspondence shall be carried on in the name of 
 the secretary. 
 
 10. Examinations and inquiries shall be conducted, as far as may 
 be found practicable, by correspondence at the office of the com- 
 missioners, or by personal communications there made. 
 
 11. Every case in which local examination and inquiry shall be 
 requisite shall be referred by the board to an inspector. 
 
 12. Upon every such reference a copy of the minute of the board 
 relating thereto, signed by the secretary, shall be delivered to the 
 inspector to whom the reference is made, and Buct copy shall be 
 his authority for prosecuting the examination and inquiry thereby 
 directed. 
 
 13. Every such examination and inquiry shall be made with 
 such public and particular notices, and according to such general 
 conditions as the board may prescribe, and, subject thereto, in 
 such manner as the inspector, bearing in mind that the object is 
 to insure the most just and beneficial application of the charity, 
 shall think fit. 
 
 14 The general mode of conducting the examination and inquiry 
 will be left to the judgment and discretion of the inspector, who 
 shall be at liberty to avail himself oi all such evidence and informa- 
 tion as he may be able to obtain, and to exercise for that purpose 
 all the available powers of the Act, except where the board shall 
 have prescribed any particular limitation of the inquiry or of the 
 exercise of such powers. 
 
 16. The inspector shall report to the board the result of every 
 such examination and inquiry, and shall in his report mention the 
 nature of the evidence and information obtained by him, and whether 
 taken on oath or not. 
 
 (Signed) P. Ekie. 
 
 J^MBS Hill. 
 Ed. Jonbs, 
 
Mules of the Oharity Commissioners. 213 
 
 No. 2. 
 
 Regulations and Instructions concerning Applications 
 to the Board under " The Charitable Trusts Act, 
 1853" (16<fcl7 Vict. c. 137). 
 
 I. — Applications for Inquiry or Bdief respecting any Charity. 
 
 1. Any person or persons himng reasonable grounds may apply 
 to the board for inquiry or relief witb respect to any charity. 
 
 2. The application should be in writing, addressed to the com- 
 missioners, and signed by the applicants, who should add their 
 respective professions, occupations, or qualities, and residences. 
 
 3. N^o precise form is necessary ; but the usual designation of the 
 charity, and the name of the parish, township, or place for the 
 benefit whereof the charity was founded, or in which it is adminis- 
 tered, and the names, professions, or occupations and residences of 
 the trustees or persons acting in the management or administration, 
 should be stated in all cases. Such fects and circumstances as wUl 
 sofficiently explain the nature and object of the application should 
 also be stated. 
 
 4. A separate application should be made for each charity, except 
 where several charities are administered together under one scheme 
 or system of management. 
 
 5. On receipt of an application, the board will make such inqui- 
 ries and adopt such proceedings as the case may require. 
 
 6. A form of initiatory application is subjoined. (See Appendix, 
 No. 1.) 
 
 II. — Inquiries to te instituted hy the Board, 
 
 1. When an examination and inquiry into any charity is consi- 
 dered necessary, the board will communicate with the trustees or 
 other persons capable of giving the required information, 
 
 2. Forms of inquiry are subjoined. (See Appendix, Nos. 2, 
 3, 4, 5.) 
 
 III. — Applications for the Opinion, Advice, or Direction of the 
 Board. 
 
 1. An application may be made by any trustee or other person 
 having any concern in the management or administration of any 
 charity, for the opinion, advice, or direction of the board, in the 
 matter of the trust. 
 
 2. Every such application should contain concise statements, and, 
 as far as conveniently may be, in numbered paragraphs, of all the 
 
214 Rules of the Charity Commissioners. 
 
 material facts and circumstances, upon wHch tlie opinion, advicej 
 or direction of the board is desired. 
 
 3. It should he stated whether the application is made with tha 
 concurrence of all the trustees or persons concerned in the manage- 
 ment or administration of the charity, or with the dissent of any 
 and what proportion of them. 
 
 4. The application should be accompanied by any documentaiy 
 evidence which will explain or substantiate the statements. 
 
 5. The board may require the statements to be explained and 
 altered, in point of form, in such manner and as often as may be 
 thought necessary. 
 
 6. The board may also, at any time, require the statements to 
 be verified by the statutory declaration of the applicants or any 
 of them. 
 
 7. On the application being approved, a duplicate will generally 
 be required to be sent, which will be returned to the applicant with 
 the opinion, advice, or direction of the board appended thereto, and 
 the original application will be retained by the board and registered. 
 
 8. A form of application is subjoined. (See Appendix, No. 6.) 
 
 IV. — Applicc^ioiis for wn Order or Certificate of the Bowrd autho- 
 rismg the Iiiatitmtion of amy Suit or other Proceedmg before 
 any Court or Judge. 
 
 1. Any person applying for an order or certificate of the board 
 authorising the institution of any suit or other proceeding before 
 any court or judge, should transmit to the board a notice and 
 statement in writing, setting forth whether or not he is a trustee 
 or person administering or claiming to administer, or interested in 
 the charity, or an inhabitant of the parish or place within which 
 the charity is administered or applied ; the amount of the gross 
 annual income of the charity ; and all the other material facts and 
 circumstances of the case ; and explaining the nature and objects 
 of the proposed suit or other proceeding. 
 
 2. The facts and circumstances should be stated in numbered 
 paragraphs, as far as conveniently may be. 
 
 3. Where the object of the proposed proceeding is the removal 
 of trustees, their names, descriptions, and residences, and the reasons 
 for their proposed removal, should he stated. 
 
 4. The names, descriptions, and residences of the trustees pro- 
 posed to be appointed should also be stated. 
 
 5. Where the object of the proposed proceeding is a new scheme, 
 the notice and statement should contain information as to the past 
 administration of the charity, and its results, and the nature and 
 provisions of the proposed sdbeme. 
 
Rules of the Oharity Commissioners. 215 
 
 6. In proposing schemes care ahonld be taken to deviate as 
 little as possible from the original purposes and intentions of the 
 founder. 
 
 7. The board may require the statement to be explained and 
 altered in point of form in such manner and as often as may be 
 thought fit. 
 
 8. The board may also require the statement to be verified by 
 statutory declaration or otherwise. 
 
 9. A form of application ia subjoined. (See Appendix, No. 7.) 
 
 10. Where the proposed proceeding is to be taken under tie 
 special jurisdiction created by the Act, for the establishment or 
 alteration of a scheme or the* appointment or removal of any 
 trustee, notice must be given in the mode which will be directed 
 by the board. 
 
 11. Forms of notices, and supplementary forms for giving efiect 
 thereto, are subjoined. (See Appendixj Nos. 8, 9, 10, 11, 12, 13.) 
 
 12. When the board shall have been satisfied that the proposed 
 proceeding is proper, and that any required notice has been duly 
 given, the requisite order or certificate will be issued to the appli- 
 cant, or to such other person as may be approved. 
 
 V. — Applications for the Awthority of the Bowrd to gramt hiild- 
 ing, repairing, improving, immimg, or other Leases, or to cut 
 Timber, or maike Roads or other Improvements. 
 
 1 . Applications for the authority of the board to grant building, 
 repairing, improving, mining, or other leases, or to cut timber or 
 make roads or other improvements, can only be made by the 
 trustees or persons acting in the administration or management of 
 any charity or the estates or property thereof. 
 
 2. A form of application for authority to grant a lease is sub- 
 joined. (See Appendix, No. 14.) 
 
 TI. — Applications for the Aiithority of the Board to ^ect Sales or 
 
 1. Applications for the authority of the board to effect sales or 
 exchanges can only be made by trustees or persons acting in the 
 administration of any charity. 
 
 2. Forms for these purposes are subjoined. (See Appendix, 
 Nos. 15 and 16.) 
 
216 
 
 Appendix to Regulations and Instructions, 
 
 4 
 
 COMTENTS OF THE APPENDII.* 
 
 No. 1. — Form of Initiatory Application 216 
 
 2. — Form of Greneral Inquiry 217 
 
 3.— Porno of Inquiry as to Bent Charges withheld . . 218 
 4.— Form of Inquiiy as to Endowed dammar Schools . 219 
 5. — Form of Inquiry as to Endowed National, British, 
 
 lufant, and other Schools 222 
 
 6.— Form of Application for the Opinion, Advice, or 
 
 Direction of the Board 224 
 
 7.— Form of Application for an Order or Certificate of the 
 Board authorising any Suit or other Proceeding 
 
 before any Court or Judge 225 
 
 8. — Form of Notice of Application for the Removal of 
 Trustees, the Appointment of New Trustees, and 
 the Establishment of a Scheme . . . .226 
 9. — Form of Notice of Application for the Bemoval of . 
 
 Trustees and the Appointment of New Trustees . 227 
 10. — Form of Notice of Application for the Appointment 
 
 of Trustees 227 
 
 11. — ^Form of Notice of Application for the Establishment 
 
 of a Scheme 228 
 
 12. — Form of Requisition under Section 42 . . . . 229 
 13, — ^Form of Certificate as to Publication of Notice . . 229 
 14. — Form of Application for the Authority of the Board 
 
 to grant a Lease 230 
 
 15. — ^Form of Application for the Authority of the Board 
 
 for a Sale 231 
 
 16. — ^Form of Application for the Authority of the Board 
 
 for an Exchange . . . .233 
 
 * Inaert the usual 
 name or deai^nBtion 
 of the chanty, and 
 the name of the 
 parish, township, or 
 place for the benefit 
 whereof the chnrity 
 vaB founded, or in 
 which it is ad- 
 mialBtered. 
 The applicants 
 should state here 
 concisely and, aa far 
 as conveDientlymay 
 he, in numbered 
 parai:rapli3, the cir- 
 comHtances and the 
 particular objects of 
 the application. 
 
 No. 1. — Form of Initiatory Application. 
 To the Charity CommisBloziers for England and Wales. 
 In the matter of the Charity called * 
 in the of 
 
 in the county of 
 
 The following statements are submitted for the conside- 
 ration of the Board : — 
 
 2. 
 
 3., &c. 
 
 I {or we) declare that the above statements are in all 
 
 • Any of the following Forms may be obtained separately on 
 application at the office of the Commissioners in London. 
 
Tbrm of General Inquiry. 217 
 
 cording to my {or our) information 
 Dated this day of , 186 
 
 respects true according to my (or our) information and 
 belief. 
 
 « * The applicantB 
 
 aKould here siRn 
 their pamei, ad^g; 
 ^__^^ their profeBsionB or 
 
 occupations and 
 
 residences. 
 
 No. 2. — Foi'm of General Inguiry. 
 Charity Commissioners for England and Wales. 
 
 In the matter of the Charitv «alled+ t insert the usual 
 
 ;„ j.i„ J. name or designation 
 
 ^^ iJ^e 01 of the charity, and 
 
 intheeonntyof " ^'Sxtl?.' 
 
 Information is reqnired ty the Board upon the following whereo/the'chmUjr 
 
 T^nin+a • ^*^ founded, or in 
 
 points . — ^lich it ij jj. 
 
 minuteTed. 
 
 1. The name of the founder of the charity 
 and the date and description of the deed, wiU, 
 or other instrument by which it was feunded, 
 and a short statement of the material contents. 
 
 2. Whether there has been any augmentation 
 of the endowment, and, if so, fay whom, and 
 how made ? And whether there is any scheme 
 of management or other modification of the 
 original trusts ; and, if so, the date and par- 
 ticulars thereof? 
 
 3. In whose custody or possession, or under 
 whose control, the deeds or instruments of foun- 
 dation, and any other instruments affecting the 
 charity, now are ? 
 
 4. The description, local situation, and other 
 particulars of the endowments, property, and 
 possessions of the charity, whether consisting of 
 real or personal estate. 
 
 5. How the lands and real property (if any) 
 belonging to the charity are let or occupied ; and i 
 the dates, reservations, and terms of the several 
 leases or lettings ! 
 
 6. How, and in what names, the personal 
 property (if any) is invested ? 
 
 7. The gross annual or other income of the 
 charity from every source, distinguishing the 
 several sources. 
 
 8. To what objects and in what manner the 
 income of the charity is applied ? 
 
 9. The names, addresses and descriptions of 
 the present trustees of the charity, or of the 
 persons who act in the management or admi- 
 nistration thereof. 
 
21 8 Forms of Inquiry. 
 
 1 0. How, and under what authority, and when 
 the present trustees were appointed ? Or, from 
 what; period the persons now acting in the 
 management or administration of the charity 
 have so acted ? 
 
 11. Whether any conveyance or transfer of 
 
 the charity property has heen made to the pre- '■', 
 
 sent trustees, and, if so, the nature and date of 
 such conveyance or transfer ? 
 
 Any other statements or observations which 
 may be necessary or proper for more fnlly ex- 
 plaining the circumstances of the charity should 
 be added. 
 
 1 declare that the above statement are in all respects 
 true according to the best of my information and 
 belief. 
 
 Dated this day of , 186 . 
 
 • The infUnnant 
 
 Bbould here sign hie * 
 
 name, adding bis 
 profession or occu- 
 
 Sation and xesi- 
 
 ence. 
 
 No. Z—Form of Inqmry as to SerU-charges mtUield. 
 Charity Commissioners for England and Wales. 
 t Insert the usual In the matter of the Charity called + 
 
 name or designation * ±1. e 
 
 of the charity, and in tJtie 01 
 
 ?j54™«°£sS|,^or in the county Of 
 
 whereof the' cbSty Information is required by the Board upon the following 
 was founded, or in tiai^+o ■ 
 
 which it is ad- pomts . — 
 
 1. The present trustees or other persons by 
 whom the rent-charge should be received and 
 distributed. 
 
 2. How the present trustees were appointed, 
 and the dates of their several appointments ? 
 
 3. Whether the rent-charge has been legally 
 vested in the present trustees ? 
 
 4. The date and other particulars of the deed, 
 will, or other instrument by which the rent- 
 charge was created, and of that by which it was 
 devoted to the charity ? 
 
 5. Whether the property subject to the rent- 
 charge is described in the instrument creating <: 
 it ? — and, 'if so, in what manner ? — or, what is 
 
 the description of the property reputed to be 
 now subject to the rent-charge ? 
 
 6. Whether the deed or instrument creating 
 the rent-charge and any other subsequent deeds 
 or instruments relating thereto are in the pos- 
 
Ibrms of Inquiry. 219 
 
 session of the trustees ? If not, what is known 
 lespecting them should be stated. 
 
 7. Whether the rent-charge was usually paid 
 by the owner of any, and what, particular pro- 
 perty during any, and what, period ? And what 
 proof can be given of such payment ? 
 
 8. When, and by whom, was the last pay- 
 ment of the rent-charge made ? 
 
 9. The name and address of the present 
 owner of the particular property considered to 
 be subject to the rent-charge ; and whether he 
 derives his title thereto from any person by 
 whom the rent-charge is known to have been 
 previously paid ? 
 
 10. What reasons (if any) are assigned by 
 the present owner for refusing payment of the 
 rent-charge ? 
 
 11. When the last demand for such payment 
 was made ? 
 
 12. Whether any, and what, proof of the 
 identity of the property subject to the rent- 
 charge can be obtained by reference to old 
 maps or surveys, or parochial assessments, or 
 other documentary evidence, or from the testi- 
 mony of any of the inhabitants, or by any other 
 means ? 
 
 I declare that the foregoing statements are true accord- 
 ing to the best of my information and belief. 
 
 Dated this day of , 186 . 
 
 * * The informant 
 
 sh'jQld here sign bis 
 name, adding his 
 
 profeeaion or occu* 
 
 nation and resi- 
 
 No. 4. — Form of Inqvdry as to Endowed Grammar Schools. 
 Charity Commissioners for England and Wales. 
 
 In the matter oft school Um'^vl^ti^n 
 
 in the of of ihe8chool,andof 
 
 . , the parish, tovn- 
 
 m tne county Ot ahip, or place in 
 
 which it is Bituate. 
 Information is required by the Board upon the following 
 points r — 
 
 1. The date and particulars of the founda- 
 tion of the school. 
 
 2. The particulars of the estates and pro- 
 perty forming the endowment. 
 
 3. The amount of the average gross annual 
 income from every source, distinguishing each 
 source. 
 
 L 2 
 
220 Forms of Inquiry, 
 
 4. The names, professions or occupations 
 and residences of the governors, trustees, or 
 managers of the school ; how they were ap- 
 pointed, and the dates of their appointments. 
 
 5. The means of the renewal or continuance 
 of the trust or management, upon the occur- 
 rence of any vacancy. 
 
 6. The name and residence of the visitor, if 
 any. 
 
 7. Whether there are any statutes or regu- 
 lations for the conduct or management of the 
 school. (If so, a copy of the same should be 
 sent, and it should be stated by what autho- 
 rity they were established and in whom any 
 power of revision or alteration of them is 
 vested.) 
 
 8. The names and ages of the masters, the 
 dates of their appointments, and by whom and 
 under what authority they were respectively ap- 
 pointed. 
 
 9. The particulars of the qualifications and 
 duties of each master. 
 
 10. The particulars of the salary and emolu- 
 ments of each master. 
 
 11. Whether a residence is provided for the 
 masters. 
 
 12. Whether the masters are resident and 
 devote their whole time to the duties of their 
 ofdces. If not, state what other occupations 
 they have, the time engaged, and the emoluments 
 derived from them. 
 
 13. Whether the duties of the masters are 
 performed to the satisfaction of the governors 
 or trustees. 
 
 14. Whether any provision is made for the. 
 retirement of the masters on account of ill 
 health, old age, or otherwise, or for their .re- 
 moval for any other reason. 
 
 15. The average number of boys attending 
 the school for the last three years, distinguish- 
 ing the free boys from the others. 
 
 16. The' present number of boys attending 
 the school — making the same distinction. 
 
 17. By whom the free boys are appointed. 
 
 18. The qualifications for appointment as to 
 age, parentage, residence and condition in life, 
 and up to what age boys are allowed to remain 
 in the school. 
 
 19. The nature of the education afforded by 
 the school. 
 
Forms of Inquiry, 221 
 
 20. Whether instruction in the catechism 
 and doctrines of the Church of England is in- 
 sisted upon in all csises, without reference to 
 the religious tenets of the parents or guardians 
 of the hoys. 
 
 21. Whether any entrance fee or other charge 
 is made for the boys termed ' ' free hoys." If 
 so, the particulars and amount of eaiji fee or 
 annual or other charge for each boy. 
 
 22. How books and stationery are provided 
 and paid for. 
 
 23. Whether th* free boys derive S(ny other 
 benefit from the charity besides the instruction 
 at the school. If so, state the nature and par- 
 ticulars of such benefit. 
 
 24. Whether there are any exhibitions or 
 scholarships for the benefit of the school. If 
 so, their number, and the value and duration 
 and other particulars of each. 
 
 25. By whom such exhibitions or scholar- 
 ships are awarded ; the present number of exhi- 
 bitioners or scholars ; and the average number 
 of such exhibitioners or scholars during the last 
 three years. 
 
 26. Whether the exhibitioners or scholars 
 are -taten from the free and other boys indis- 
 criminately, and whether they are appointed 
 after any examination as to their respective 
 merits ; and in thatcase^ by whom and in what 
 manner such examination is conducted. 
 
 27. The nature and capabilities of the school- 
 Iniildings and masters' residences, if any, and 
 their condition as to repairs. 
 
 Any other information or particulars respect- 
 ing the school with which the commissioners 
 shxMild be made acquainted, should be added. 
 
 I declare that the above statements are in all respects 
 true, according to my information and belief. 
 
 Dated this day of , 186 . 
 
 * • The informftut 
 
 should here sign his 
 name, adding hii 
 profesBioa or ocea- 
 pation and resi- 
 oence. 
 
which It IB situate. 
 
 222 Forms of InqvAry. 
 
 No. 5. — Farm of Inquiry cis to Endowed National, Britiih, 
 Infomt, amd other Schools. 
 
 Charity Commissioners for England and Wales. 
 
 •iBiett the usual In the matter of school 
 
 name or desiEDation . , - 
 
 of the school, aud of in tne Ot 
 
 Information is required by the Board upon the following 
 points : — 
 
 1. The date and particulars of the foundation 
 of the school. 
 
 2. The particulars of the estates and property 
 forming the endowment. 
 
 3. The amount of the average gross annual 
 income from every source, distinguishing each 
 soui'oe. 
 
 i. The names, occupations or professions, and 
 residences of the trustees or managers of the 
 school, and of the visitor, treasurer, and secre- 
 tary, if any. 
 
 5. The means for the renewal or continuance 
 of the trust or management upon the occurrence 
 of any vacancy. 
 
 6. Whether there are any rules or regula- 
 tions for the conduct or management of the 
 school. (If so, a copy of the same should he 
 sent.) 
 
 7. The names and ages of the schoolmaster 
 and schoolmistress, the dates of their appoint- ' '] 
 ments, and by whom or under what authority 
 they were respectively appointed, and for what 'J 
 period the appointments are held. "' 
 
 8. Whether there is any provision for dis- 
 missing the schoolmaster or schoolmistress, and , 
 if so, in whom the power of dismissal rests . 
 
 9. The particulars of the qualifications and 
 duties of the schoolmaster and schoolmistress. 
 
 10. The particulars of the salaries and 
 emoluments of the schoolmaster and school- 
 
 11. Whether residences are provided for 
 them, 
 
 12. Whether the schoolmaster and school- 
 mistress are resident, and devote their whole 
 time to the duties of their office. If not, 
 state what other occupation they have, the 
 
Mrms of Inquiry. 223 
 
 time engaged, and the emolumeats derived 
 therefrom. 
 
 IS. Whether the duties of the schoolmaster 
 and schoolmistress are performed to the satis- 
 &otion of the trustees or managers. 
 
 14. Whether there is any provision for the 
 retirement of the schoolmaster or schoolmis- 
 tress on account of ill health, old age or other- 
 wise. 
 
 15. The average numher of children attend- 
 ing the school for the last three years ; distin- 
 guishing boys from girls. , 
 
 16. The present number of children attend- 
 ing the school : making the same distinction. 
 
 17. The qualifications of children to be ad- 
 mitted to the school as to age, parentage, resi- 
 dence and condition in life; and to what age 
 they are allowed to remain in the school. 
 
 18. The nature of the education afforded by 
 the school. 
 
 19. Whether instmction in the catechism 
 and doctrines of the Church of England is in- 
 sisted upon in all cases, without reference to the 
 religious tenets of the children's parents or 
 guardians. 
 
 20. Whether any entrance fee or other 
 charge is made for admission of children into 
 the school, and, if soj the particulars and 
 amount thereof. 
 
 21. How books and stationery are provided 
 and paid for. 
 
 22. The nature and capabilities of the school 
 buildings, and schoolmaster's and schoolmis- 
 tress's residences (if any), and their condition 
 as to repairs. 
 
 Any other information or particulars respect- 
 ing the school with which the commissiouera 
 should be made acquainted should be added. 
 
 I declare that the above statements are in all respects 
 true according to my information and belief. 
 
 Dated this day of , 186 . 
 
 ^ 'TheLnformaat 
 
 should here tAmhiB 
 name, addinK his 
 profession or occu- 
 pation and resi- 
 dence. 
 
224 
 
 ForTns of Amplication. 
 
 * Insert the usnal 
 name or designation 
 of the charity, and 
 the name of the 
 parish, township, or 
 place for tlie henefit 
 whereof the charity 
 was founded, or In 
 which it IB ad- 
 ministered, 
 
 t A. trustee or per- 
 son concerned in 
 the management or 
 administration of 
 the chariry. 
 
 State here concisely 
 and, as far as con- 
 veniently may be, in 
 numbered para- 
 fn^phs, the material 
 facts and circum' 
 stances of the case. 
 
 Opinion, advice, or 
 direction. 
 
 No. 6— Form of AppUeadon for the Opvnion, Achice, or 
 Direction of the Board, 
 
 To tlie Charity Oommissioners for England and Wales. 
 In the matter of the Charity called* 
 
 State hpre, aa far bb 
 conveniently may 
 be, in numbered 
 para^aphs, the 
 specific points upon 
 which the opinion, 
 advice^ or direction 
 is desired. 
 
 in the of 
 
 in the county of 
 The nndersigned beingf 
 submits the following statement : — 
 
 1. 
 
 2. 
 
 3. 
 
 4. J &c. 
 
 Under the foregoing circumstances, the undersigned 
 makes application to the board for their on the 
 
 following points ; 
 
 That is to say, 
 
 1st. 
 
 2nd. 
 
 t The applicant 
 should here sign hie 
 name, adding his 
 profession or occu- 
 pation and resi- 
 
 I declare that the above statement is in all respects true 
 according to my information and belief. 
 
 Dated this day of , 186 . 
 
 t 
 
Forms of AppUeution, 225 
 
 No. 7. —Form of Application fm* aw Order or Certificate of 
 the Board authorising any Suit or other Pro- 
 ceeding hefore any C&wrt or Jvdge. 
 
 To the Charity Commissioners for England and Wales. 
 • In the matter of the Charity called * * insert the usual 
 
 name oraesiipiation 
 of the charity, and 
 m the of *lie name of the 
 
 pariah, towuHhip, or 
 . ., .J. place for the benefit 
 
 in the county of whereof the charity 
 
 was founded, or in 
 which it is ad- 
 ministered. 
 
 The undersigned, being f t The applicant 
 
 should here state 
 whether or not he 
 is trustee or person 
 administering or ' 
 claiming to ad- 
 
 snhmits the following notice and statement :— S^ed^'n^the"' 
 
 charity, or an in- ^ 
 hahitaut of the 
 parish or place 
 
 1. The eross annual income of the aboye -mentioned within which the 
 
 m. •. J. J. charity is ad- 
 
 VJhanty amounts to ministered or ap-. 
 
 plicahle. 
 
 2. State here concisely 
 
 and, as for as con- 
 TCniently may be, in 
 
 o 1^.- numbered para- 
 
 graphs, all the ma- 
 terial &cts and cir« 
 cumstancea of the 
 
 Under the foregoing circumstaneeB the undersigned ia 
 desirous of instituting proceedings for effecting the following 
 objects ; 
 
 That is to say, 
 
 State here, as far as 
 •t of conveniently may 
 
 ■*■"*'• be, in numbered 
 
 paragraphs, the 
 specific objects for 
 2nd., oEC. which proceedings 
 
 are proposed to be 
 taken. 
 
 The undersigned accordingly requests the board to issue 
 an order or certificate authorising him to make an applica- 
 tion to 
 
 Describe the court 
 
 for effecting the above objects. and judge. 
 
 I declare that the above statement is in all respects true 
 according to my information and belief, 
 
 Dated this day of , 186 . 
 
 "t X The applicant 
 
 should here sign his 
 name, adding his 
 ■ profession or occu- 
 
 Sation and resi- 
 ence. 
 
 L 3 
 
126 
 
 Forms of Application. 
 
 * Insert the usual 
 name ordeBlgnation 
 of the charity, and 
 the n^me of the 
 parish, township, or 
 place for the benefit 
 whereof the charity 
 was founded, or in 
 which it is ad- 
 ministered. 
 
 Uescribe the judge 
 of the Court of 
 ChEtncety, or the 
 county or other 
 ourt, as the case 
 may be. 
 
 Insert the date, 
 which must not he 
 less than fifteen 
 days after the affix- 
 ing of the notice. 
 
 Name or names of 
 the trustee or trus- 
 tees to be removed. 
 
 Insert the names, 
 descriptions, and 
 Tesidences of the 
 proposed new 
 trustees. 
 
 Pescribe the place 
 within the above- 
 mentioned parish or 
 township where tiie 
 scheme maybe 
 seen. 
 
 ^0, 8,— i'Wm of Notice of Application foff the Jtemofual of 
 Trv^stees, the Appointment of new TrusteeSj cmd 
 the E&tablishmmt of a Scheme, 
 
 In the matter of the Charity called * 
 
 in the 
 
 in the county of 
 
 of 
 
 Notice is hereby given, that, with the sanction of the 
 Charity Commissioners for England and Wales, application 
 is intended to he made to 
 
 on or after the day of 
 
 objects ; that is to say, 
 
 The removal of 
 
 for the following 
 
 from being ■-* trustee {or trustees) of the above-mentioned 
 
 charity : 
 
 The appointment of new trustees of such charity : 
 
 And the establishment of a scheme for the regulation 
 
 thereof. 
 
 The following persons are intended to be proposed as new 
 
 trustees of the said charity ; that is to say. 
 
 The proposed scheme may be inspected, without charge, 
 on any day, excepting Sunday, during the next days, 
 
 between the hours of ' and in the forenoon and 
 
 and in the afternoon, at 
 
 Insert the date. 
 
 t Signatures, occu- 
 pations, and resi- 
 dences «f the per- 
 sons intending to 
 make the appli- 
 cation. 
 
 and between the hours of and at the office of the 
 
 said commissioners at London. 
 
 Any person desirous of making objection to the removal 
 of the said or to the appointment of all or any of the 
 
 proposed new trustees, or of proposing any other trustee or 
 trustees, or of making objection to the proposed scheme, or 
 of proposing any alteration thereof, will be at liberty to do 
 so, and notice in writing of his intention in that behalf may 
 be transmitted to the said commissioners, at their said 
 office, within days from the date hereof. 
 
 Dated this day of , 186 . 
 
 t 
 
Forms of AppKeation. 227 
 
 No. S.—Fm-m of Notice nf Application for the BemovaZ of 
 Trustees and the Appointment of new 2h-ustees. 
 
 In the matter of the Charity called * • insert the ueuai 
 
 . DameordesigDatioa 
 
 in the of °^ '^^ charity, and 
 
 the name of the 
 
 in the county of jSoStStSJ 
 
 thereof the charity 
 
 Notice is herebj given, that, with the sanction of the Sch'i?tB^^5*° 
 Charity Commisaioners for England and Wales, application Kuniatered. 
 
 is intended to be made to ^*='=f^''« the judge 
 
 of the GDiut of 
 , Chancery, or the 
 
 county or other 
 ii J.T- t ^ i> .1 n-.i . ,. court, aa the caee 
 
 on or alter the day of for the following objects ; ™ay *>e. 
 
 that is to say, insert the date, 
 
 which must not he 
 less than fifteen 
 days after the affix- 
 
 The removal of insoftuenoto. 
 
 Name of the trustee 
 or trustees to be 
 removed. 
 
 from being a tmstee (or tmstees) of the above-mentioned 
 charity, and the appointment of new tmstees of the same. 
 
 The following persons are intended to be proposed as such insert the nam™, 
 new tmstees ; that ia to say, SpS'of the'" 
 
 proposed trustees. 
 
 Any person desirous of making objection to the removal 
 of the said or to the appointment of all or any of the 
 
 proposed new trustees, or of proposing any other trustee or 
 trustees, will be at liberty to do so, and notice in writing of 
 his intention in that behalf may be transmitted to the said 
 commissioners at their office at London, within 
 
 days from the date hereof. 
 
 Dated this day of ,186 . Ims" the date. 
 
 4. t Signatures, occu 
 
 ' pations, and resi- 
 
 aences of the per^ 
 
 . . sons intendine to. 
 
 mabe the appli- ^ 
 cation. 
 
 No. 10. — Farm of Notice of Application for the Appoint- 
 ment of IVustees. 
 
 In the matter of the Charity called J name or designation 
 
 in the of fL''n'aS?e'?f'Ve"* 
 
 in the county of ?£Vr°thSfeaf 
 
 of which the charity 
 
 Notice is hereby given, that, with the sanction of the JjjJj.'^^j^^jJ' °F '^ 
 
 Charity Commissioners for England and Wales, application ministered. 
 
 is intended to be made to Describe the jodge 
 
 of the Court of 
 Chincery, or the 
 county or other 
 coar^ as the caae 
 m he. 
 
228 
 
 Insert the date, 
 which must not he 
 less than fifteen 
 days after the affix- 
 ing of the notice. 
 
 Insert the names, 
 descriptions, and 
 residences of the 
 proposed trustees. 
 
 Insert the date. 
 
 • Signatures, occu- 
 
 Sations, and reel- 
 ences of the per- 
 sons intending to 
 make the appli- 
 cation. 
 
 t Insert the usual 
 name or desigoation 
 ofthe charity, and 
 the name of the 
 parish, township, or 
 place for the henefit 
 ■whereof the charity 
 WAS founded, or in 
 which it is ad- 
 ministered. 
 
 Describe the judge 
 ■ of the Court of 
 Cbancery, orthe 
 county or other 
 court, as the case 
 may he. 
 
 Insert the date, 
 which must not he 
 less than Rfteen 
 days after the affix- 
 ing of the notice. 
 
 Describe the house 
 or place within the 
 above-mentioned 
 ' pariah or township 
 where the scheme 
 may be Been. 
 
 Mrms of Application, 
 
 on the day of for the appointment of trustees 
 
 of the above-mentioned charity. 
 
 The following persons are intended to be proposed as 
 trustees thereof; that is to say, 
 
 Any person desirous of making objection to the appoint- 
 ment of all or any of the proposed trustees, or of proposing 
 any other trustee or trustees, will be at liberty to do so, 
 and notice in writing of his intention in that behalf may be 
 transmitted to the said commissioners, at their office at 
 London, within days from the date hereof. 
 
 Dated this day of , 186 . 
 
 Insert the date. 
 
 t Signatures, occu- 
 
 Sations, and resi- 
 ences of the per- 
 Boas intending to 
 make the appli- 
 es' on. 
 
 No. 11. — Form of Notice of Application for the Establish' 
 ment of a Scheme, 
 
 In the matter of the Charity called + 
 in the of 
 
 in the county of 
 
 Notice is hereby given, that, with the sanction of the 
 Charity Commissioners for England and Wales, application 
 
 is intended to be made to 
 
 on the day of for the establishment of a scheme 
 
 for the regulation of the above-mentioned charity. 
 
 The proposed scheme may be inspected by any parishioner 
 
 or person interested in the said charity, without charge, on 
 
 any day, excepting Sunday, during the next days, 
 
 between the hours of and in the forenoon and 
 
 and in the afternoon, at 
 
 and between the hours of and at the office of 
 
 the said commissioners, at , London. 
 
 Any person desii-ous of making objection to the proposed 
 scheme, or of proposing any alteration thereof, will be at 
 liberty to do so, and notice in writing of his intention in 
 that behalf may be transmitted to the said commissioners, 
 at their said office, within days from the date hereof. 
 
 Dated this day of , 186 . 
 
Forms of Application. 229 
 
 No. 12. — Form of Mequisition, wider Section 42. 
 
 of 
 
 To tlie * of the of 
 
 , in the comity •Describe the per-' 
 SODS to whom tne 
 
 requisition is to be 
 addressed, and the 
 church or chapel of 
 the parish or ;place 
 where the notice is 
 to be published. 
 
 In the matter of the Charity called f t insert theusuai 
 
 name or oesignation 
 in the of* ofthe charity, and. 
 
 the name of the 
 iw. 4.u« »»««4.w ^e parish, township, or 
 
 m the county of ^lace for the beSefit 
 
 whereof the charity 
 
 was founded, or in 
 
 Under the provisions ofthe 42nd section of " The Chari- which it u ad- 
 table Trusts Act, 1853," and in pursuance of an order of 
 the Charity Commissioners for England and Wales, you are 
 required to allow a notice of an application respecting the 
 ahoTe charity, which is intended to he made to t t Describe the judge 
 
 of the Court of 
 Chancery, or the 
 
 with the sanction of the said commissioners, to be afl&xed to cSu?t%rth?ca8e 
 or near the door of the and to remain so affixed "ay be. 
 
 for a period of fifteen days at the least. 
 
 Dated this day of , 186 . 
 
 § 4 Signatures, de- 
 scriptions, and resi- 
 dences of the per- 
 sons intending to 
 make the appU- 
 
 No. 13. — Form of Certificate as to Publication of Notice. ''*''°"* 
 To the Ch^ty Commissioners for England and Wales. 
 
 In the matter of the Charity called* * insert the nnuai 
 
 " name or designation 
 
 { ri +>) p nf of the charity, and 
 
 ^ ^^6 °^ the name of tte 
 
 , v . n parish, township, or 
 
 in tne county ox place for the benefit 
 
 whereof the charity 
 I was fouaded, or in 
 
 which it is ad- 
 miaistered. 
 
 hereby certify that a notice in writing, in the form directed an^diesidence of "' 
 by the board, of an application intended to be made to f person certi/iiniff. 
 
 t Describe the judge 
 of the Court of 
 « . , Chancery, or the 
 
 lOr tae county or other 
 
 court, at the case 
 may be. 
 
 was in accordance with the directions of the said board fhe'pi^Sae/^^he 
 
 duly affixed to the door of the of application. 
 
 on the day of 186 . 
 
 Dated this day of , 186 . 
 
 X X Signatnre, de- 
 
 scripiion, and resi- 
 
 dence of the person 
 
 certliyiog. 
 
230 jEhrms of Application. 
 
 No. 14. — Form of Application for the Authority of the 
 Board to grant a Lease. 
 
 To the Oharitj Oommissioners for England and Wales, 
 
 ;jmeo1d«i"a«o» 1° t^e matter of the Charity called * 
 
 Of the charity, and 
 
 the name of the in f-fia nf 
 
 pariBh. township, or "^ *'^® °' 
 
 place for the benefit 
 
 whereof the charity in tJlg countv of 
 
 was fonnded, or in \J^t^*^vJ 
 
 which it vas ad- 
 
 iDiniBtered. 
 
 The undersigned being the 
 
 Trastees or persona 
 acting in the ad- 
 Diinietration or 
 
 manasement. of the above-men- 
 
 tioned charity, and being of opinion that the particular pro- 
 perty hereinafter mentioned belonging to the same charity 
 may be beneficially leased in the manner hereinafter men- 
 tioned, submit to the board the following statement and 
 proposal in relation, thereto, and they request the board to 
 make such orders under their seal, for and in relation to 
 the granting of a lease thereof, as they may think fit. 
 
 1. The mode and date of the appointments of 
 the existing trustees (if any) of the charity, and 
 the number originally appointed. 
 
 2. Whether the charity property is legally 
 vested in such trustees, and, if so, by what 
 conveyance or assurance. 
 
 8. The name of the township, parish and 
 county in which the particular property pro- 
 posed to be leased is situate. 
 
 4. The nature, extent, and general descrip- 
 tion of the same property, and the interest of 
 the charity therein, and whether forming the 
 whole or part only of the property of the charity. 
 
 5. The manner ia which it has been let or 
 occupied for the last three years. 
 
 6. The amount of the gross rent or income 
 arising therefrom during the last three years. 
 
 7. The amount and particulars of the out- 
 goings or deductions in each of such years. 
 
 8. The present improved annual or rack-rent 
 value of the particular property. 
 
 9. The object of the proposed lease, and 
 whether for building, repairing, improving, 
 mining or other purposes. 
 
Forms of Application. 231 
 
 10. The reasons for Bupposing or telieving 
 that the grant of the proposed lease -will be 
 for the benefit of the charity. 
 
 11. The name, quality, profession or occupa- 
 tion, and residence of the proposed lessee. 
 
 12. The amount and particulars of the pro- 
 posed rent and other reserrationa, if any. 
 
 13. The proposed term. 
 
 14. The nature of the special coTOnants or 
 provisions (if any) intended to be inserted in the 
 lease. 
 
 15. The name and address of any surveyor 
 by whom the property has been or is proposed 
 to be surveyed and valued on behalf of the 
 charity, or to whom the terms and conditions 
 of the proposed lease have been or are proposed 
 to be submitted for approval. 
 
 Note. — If any report or valuation, or any 
 map or plan, of the property has been made, 
 the same or a copy of each should be sent 
 herewith. The commissioners will, if they 
 think fit, require the property to be surveyed 
 and valued, and the proposed lease to be re- 
 ported on or approved by a surveyor appointed 
 by themselves. 
 
 We declare that the foregoing statement is in all respects 
 true according to onr information and belief. 
 
 Dated this day of , 186 . 
 
 * * Si^natuMB, pro- 
 fessions, or occu- 
 pationa, and resi- 
 dences of appli- 
 cants. 
 
 No. 15. — Form of Application for the Authority of the 
 Soardfor a Sale. 
 
 To, the Charity Commissioners for England and Wales. 
 
 In the matter of the Charity calledf t insert the usaid 
 
 name or designation 
 
 of the charity, and 
 in t.Tip nf the name of the 
 
 ™™^ "■• parish, townsWp, or 
 
 place for the benefit 
 . ., i i? whereof the charity 
 
 in the county Ot wa> founded, or in 
 
 which it is ad- 
 f ministered. 
 
 The undersigned, being thej of the above- t TmsteM or pra- 
 
 named charity, and being of opinion that under the special Sinlstratioii. ° 
 circumstances hereinafter mentioned a sale of the particular 
 property hereinafter also mentioned can be effected on such 
 
^32 'Forms of AppUeaUon. 
 
 terms as to increase the income of the charity, or would 
 otherwise be advantageons to the charity, hereby request 
 the board to inquire into such circumstances, and,, if after 
 inquiry the board are satisfied that the proposed sale will 
 be advantageous to the charity, to authorise the said sale, 
 and give such directions in relation thereto, and for se- 
 curing the due Investment of the money arising from such 
 sale, as the board may think fit. 
 
 State, 
 
 1. The mode and date of the appointments 
 of the existing trustees (if any) of the charity, 
 and the number originally appointed. 
 
 2. Whether the charity property is legally 
 vested in such trustees, and, if so, by what 
 conveyance or assurance. 
 
 3. The name of the township, parish, and 
 county in which the particular property pro- 
 posed to be sold is situate. 
 
 4. The nature, extent, and general description 
 of the same property, and whether forming the 
 whole or part only of the property of the 
 charity. 
 
 5. The estate and interest of the charity 
 therein. 
 
 6. The manner in which the particular pro- 
 perty has been let or occupied for the last three 
 years. 
 
 7. The amount of the gross rent or Income 
 arising therefrom during the last three years. 
 
 8. The amount and particulars of the out- 
 goings or deductions in each of such years, 
 
 9. The present improved annual or rack-rent 
 value of the particular property. 
 
 10. The special circumstances under which 
 the sale is proposed, and the advantages likely 
 to result to the charity therefrom. 
 
 11. Whether the sale is proposed to be made 
 by public auction or private contract, and whe- 
 ther any offer for the purchase thereof has been 
 received, and the terms of such offer. 
 
 12. The name, quality, profession or occu- 
 pation and residence of the person by whom any 
 such offer has been made, 
 
 13. The manner in which it is proposed that 
 the purchase money should be invested, and 
 how any such investment thereof is proposed to 
 be secured. 
 
 1 ii The name and address of any surveyor 
 by whom-the property has been or is proposed 
 
Forms of Application. 233 
 
 to be surveyed and Talued on behalf of the 
 charity. 
 
 Note.— If there is any report or Talnation, or 
 any map or plan of the property, the same or a 
 copy of each should be sent herewith. The 
 commissioners will, if they think fit, require the 
 property to be surreyed and valued, and the 
 proposed sale to be reported on or approved by 
 a surveyor appoiuted by themselves. 
 
 We declare that the foregoing statement is in all respects 
 true according to our information and belief. 
 
 Dated this day of , 186 . 
 
 * • Si^Btorea, pro- 
 
 fesBioDs or occu- 
 
 Sationa, aod reai- 
 encea of appli- 
 canta. 
 
 No. 16. — Form of AppUccUion for the Avihority of the 
 Soard for an Exchange. 
 
 To the Charity Commissioners for England and Wales. 
 
 In the matter of the Charity called+ 1 1"""' tie.uanai 
 
 ■' name or deai^atio6 
 
 ;„ +i,rt „r of tlie charity, and 
 
 mtbe of the name of tLe 
 
 parish, townallip, or 
 in the county of place for the benefit 
 
 whereof the charity 
 was founded, or in 
 which it ia ad- 
 miniatered. 
 
 The undersigned being the J ITruateea or per- 
 
 of the above-named charity, and being of opinion that, IdminimrMion!'" 
 under the special circumstances mentioned in the subjoined 
 statement, an exchange of the particular property therein 
 also mentioned and belonging to the charity can be effected 
 on such terms as to increase the income thereof, or to be 
 otherwise advantageous to the charity, hereby request the 
 board to inquire into such circumstances, and, if after in- 
 quiry the board are satisfied that the proposed exchange 
 will be advantageous to the charity, to authorise such ex- 
 change> and 4:0 give such directions in relation thereto, and 
 for securing the due investment of the money to be paid by 
 way of equality of exchange (if any) for the benefit of the 
 charity, as the board may think fit. 
 State, 
 
 1. The mode and date of the appoiatments of 
 the existing trustees (if any) of the charity, and 
 the number originally appointed. 
 
 2. Whether the charity property is legally 
 vested in such trustees, and, if so, by what 
 conveyance or assurance. 
 
 3. The estate and interest of the charity in 
 the property proposed to be exchanged. 
 
234 
 
 Forms ef Aj^Ucation. 
 
 Statemeht — coKtinued. 
 
 The particular property hereinbefore referred to and belonging to %| 
 said charity, and proposed to be exchanged, is situate in the townshm 
 of in the parish of in the county of and is described 
 
 as follows : 
 
 Description. 
 
 Extent. 
 
 How let or 
 
 occupied. 
 
 Present 
 Gross An- 
 nual Value. 
 
 Deductions. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Statement — ( 
 
 The property proposed to "be exchanged for the lands and hereditaments 
 hereinbefore described is situate in t/he township of in the 
 
 parish of in the county of and is described as follows : 
 
 Description. 
 
 Extent. 
 
 How let or 
 occupied. 
 
 Present 
 Gross An- 
 nual Value. 
 
 Deductions 
 
 
 
 
 
 
 
 
 
 
 
 
 
Forms of Application. 235 
 
 Statemehi — continued. 
 
 State, 
 
 4. Whether the charity is possessed of pro- 
 perty in addition to that proposed to be ex- 
 changed. 
 
 5. The special circumstances under which 
 the exchange is proposed, and the advantages 
 likely to result to the charity therefrom. 
 
 6. The name, quality, profession or occupa- 
 tioi), and address of the person with whom the 
 exchange is proposed to he made. ^ 
 
 7. The estate or interest of such person in 
 the property to he given by him in exchange. 
 
 8. The manner in which the property to be 
 given in eSchange and the property to be re- 
 ceived in exchange by the charity have respec- 
 tively been let or occupied during the last three 
 years ; and the amount of the gross and net 
 annnal rents or income arising thereirom during 
 the same period. 
 
 9. The amount of the money (if any) to be 
 received or paid by way of equality ,of ex- 
 change. 
 
 10. The manner in which the money (if any) 
 to be 30 received by the charity is proposed to 
 be invested and secured, or in which any money 
 to be so paid by the charity is proposed to be 
 raised or provided. 
 
 11. The name and address of any surveyor 
 by whom the properties to be ^ven and taken 
 in exchange respectively have been or are pro- 
 posed to be surveyed and valued on behalf of 
 the charity. 
 
 Note. — If there is any report or valuation or 
 map or plan of the properties referred to, the 
 same, or a copy of each, should be sent here- 
 with. The commissioners will, if they think fit, 
 require such properties to be surveyed and 
 valued, and the proposed exchange to be re- 
 ported on or approved, by a surveyor appointed 
 by themselves. 
 
 We declare that the foregoing statement is in all respects 
 true according to our information and belief. 
 
 Dated this day of , 186 . 
 
 * Si^natnreB, pro- 
 * fessiona or occu- 
 
 ■ nations, and real, 
 
 oences of appli- 
 cants. 
 
Sules under Act of 1860. 237 
 
 Minutes made by the Board of Charity Commissioners 
 
 for England and Wales ^ the 2Qth Day of November, 
 
 1860, relative to the Institution and Conduct of their 
 
 Proceedings under the Jurisdiction created by the 
 
 Charitable Trusts Act, 1860. 
 
 1. Every appUcation to the Board for an Order tinder the 
 aboTe-mentioned jurisdiction shall be made in writing, 
 signed by the appUcants or by their authorised solicitor or 
 agent (in that declared character) ; and eyery such applica- 
 tion not made by Her Majesty s Attorney-General shall 
 show that the applicants are competent to apply to the Board 
 under the Act as 
 
 (a.) Tcostees or persons administeiing or claiming to 
 administer the Charity the s^ject of the ap- 
 plication ; 
 
 (6.) Or persons interested in the benefits of the Charity ; 
 
 (c.) Or two or more inhabitants of some parish or place 
 within which the Charity shall be administered 
 or applicable — 
 
 2. Every application shall be intituled. In the matter of 
 the Charity to wMch it shall relate, by its usual name or 
 designation, and shall state as far as conveniently may be — 
 
 The parish or locality for which (if of a local character) 
 
 it is foimded or within which it is administered or 
 
 applicable ; 
 The endowments of the Charity ; 
 The objects of its fotmdation ; 
 The amount of its annual or ordinary income ; 
 The actual application of such income ; 
 The names and personal descriptions and residences of 
 
 the trustees or actual administrators of the Charitj ; 
 And all other circumstances material to the specific 
 
 purposes of the application. ' 
 
238 Bules mder Act of 1860. 
 
 3. If the application shall not be made by all the trustees 
 or actual administrators of the Charity, it shall state whether 
 those who are not parties to it are assenting to or dissenting 
 from its objects. 
 
 4. Every application for the appointment of trustees, or 
 for the establishment of a scheme for the administration of 
 any charity, shall be made in general terms for those 
 objects, but may be accompanied by any proposal or recom- 
 mendation as to the particular trustees or scheme to be 
 respectively appointed or established. 
 
 ■ 5. The form No. 1. in the subjoined schedule shall be 
 followed as nearly as conveniently may be for the purposes 
 of all applications to the Board under the said jurisdiction. 
 
 6. The Board may require any application to %e explained, 
 amended, or altered in such manner and so often as they 
 may think fit, and all or any of the statements on which it 
 shall be founded, or any other circumstances material to its 
 purposes to be established by the applicants by sufficient 
 evidences. 
 
 7. Notice in writing of every application to the Board 
 stating its objects shall be given by the appUeants to all 
 trustees or amninistrators of the Charity not parties to the 
 application, and when and as directed by the Board, to Her 
 Majesty's Attorney- General, and to all persons to whom in 
 respect of any personal rights or interests liable to be 
 affected by the Order to be thereupon made, or for any other 
 reason, the Board shall think it fit that such notice shall be 
 given. 
 
 Such notice may be in the form No. 2. in the subjoined 
 schedule. 
 
 Similar notice shall also be published by the applicants 
 for the general information of aU. persons interested in the 
 matter in all cases in which the Board shall, consider it 
 desirable, and shall direct that such publication shall be 
 made. 
 
 Such last-mentioned notice may be given in the form No. 
 3. in the subjoined schedule. 
 
 The Board wiU not proceed in the matter of the applica- 
 tion until they shall have been satisfied that every such 
 notice directed by them to be given shall have been given 
 accordingly. 
 
 8. The public notice required by the sixth section of the 
 Act of every Order proposed to be made by the Board ap- 
 pointing or removing a trustee or establishing a scheme (if 
 relating to any parochial charity) shall (umess otherwise 
 
Bules under Act of 1860. 239 
 
 directed by the Board in any special case) be given in writ- 
 ing, to be affixed for fifteen days at least to or near some 
 principal door of the church of the parish or district, or of 
 each parish or district (if more than one), in which the 
 Charity shall be administered or applicable, and shall state 
 that any objections to or suggestions on the proposed Order 
 may be made or transmitted to the Board in writing within 
 t\^enty-one days from the date of such notice. 
 
 Such notice may be in the form No. 4. in the subjoined 
 schedule. 
 
 9. All objections to anj* Order proposed to be made by 
 the Board, and all suggestions thereon, shall be made and 
 transmitted to the Commissioners in the first instance, in 
 writing, but the Board so far as the justice of any special 
 cases shall in their judgment req[uire, as well as in the cases 
 provided for by the Act, will at the request of the parties, 
 or at their own discretion, require such objections or sug- 
 gestions, or the matter of the application, to he heard, in 
 such manner as they shall direct, before themselves or one 
 or more of the members of their Board, or an inspector to 
 be deputed by them for the purpose. 
 
 10. The Board shall be at liberty to proceed in the matter 
 of any application, and to make any Order thereon, notwith- 
 standing that these minutes shall not have been fully com- 
 piled with by the applicants or others, ii any cases in 
 which tbey shall be satisfied that such incomplete com- 
 pliance is immaterial to the justice of the case. 
 
 11. These minutes or any of them may be revoked, 
 amended, or added to by the Board so often and in such 
 manner as they may think fit. 
 
240 
 
 Forms tmder Act of 1860. 
 
 SCHEDULE. 
 
 No. 1. 
 
 Form of Application to the Board wnder theJu/nsdiction 
 created hy " The Charitable Trust Act, 1860." 
 
 To the Charity CommiBBiouers for England and Wales, 
 
 * Insert the 
 usual uame or 
 designatiou of 
 the chacity, and 
 the naiae of the 
 parish or place 
 for the benefit 
 whereof the 
 same (if of a 
 local character) 
 isfouudedf or in 
 which it is ad- 
 ministered or 
 applicable. 
 
 t Under the 
 provisions of the 
 Act applications 
 may be made by 
 any one or more 
 of the trustees or 
 persons adminis- 
 tering or claim- 
 ing to adminis- 
 ter the charity, 
 or by any person 
 interested in the 
 charity, or b^ 
 two or more in- 
 habitants of any 
 parish or place 
 within which it 
 is administered 
 or applicable. 
 The capacity of 
 the applicants 
 under this pro- 
 vision to be here 
 inseiiied. 
 
 In the matter of the charity called * 
 
 in the of 
 
 in the county of 
 The imdersigned being + 
 
 submit the following statement. 
 
Forms imder Act of 1860. 
 
 241 
 
 1. The Charity is endowed with the following proper- par'tic^ra ol 
 
 the endow- 
 ties, viz. :— ^™'^- 
 
 2. The objects of the foundation axe 
 
 2. The objects 
 of the founda- 
 tion. 
 
 3. The ordinary yearly income of the Charity amounts j J^ J^^ ^^^[ 
 to £ and consists of the^ following particulars, of the income. 
 
 viz.: — 
 
 4. The net income is now applied to 
 
 4. The actual 
 application of 
 the income. 
 
 5. The present trustees are 
 
 [w as the case may be] the charity is administered by 
 
 5. The names, 
 descriptions, 
 and residences 
 of the trustees 
 or administra- 
 tors, ■ 
 
 6. State 
 whether the 
 trustees or ad- 
 ministrators, 
 not parties to 
 the application, 
 are assenting to 
 or dissenting 
 from it. 
 
 State under 
 the following 
 numbers any 
 other circum- _ 
 stances material 
 to the applica- 
 tion. 
 
 8. 
 9. 
 10. 
 
242 
 
 Forms zmder Act of 1860. 
 
 state here 
 seiiatim the ob- 
 jects for which 
 the Order of the 
 Board is re- 
 quii-ed. If for 
 the appointment 
 of trustees or 
 the establish- 
 ment of a 
 scheme, these 
 objects to be 
 stated in general 
 terms. 
 
 Under the foregoing circumstances the undersigned 
 are desirous of obtaining an Order of the Board for the 
 following objects ; 
 
 That is to say, 
 
 The appoint- 
 ment of any 
 particular trus- 
 tees or the estab- 
 lishment of any 
 particular trusts 
 or any other 
 order may be 
 recommended 
 here by the ap- 
 
 Slicants accor- 
 ing to the 
 nature of the 
 appUcation. 
 
 It is recommended by the applicants 
 
 We declare that the above statements are in all 
 respects true according to our Information and belief. 
 
 Bated this 
 
 *Add the 
 signatures of the 
 applicants with 
 their personal 
 descriptions and 
 places of reai- 
 aeuce. 
 
 If the applica- 
 tion is made by 
 the authorised 
 Bolioitor or agent 
 of the appli- 
 cants, it should 
 be signed by him 
 accordingly in 
 that declared 
 character. 
 
 day of 
 (Signed)* 
 
 186 
 
tbrms under Act of 1860. 243 
 
 No. 2. 
 
 Form of personai notice of application, to the Board to be 
 given by the appUca/nts. 
 
 In the matter of the Charity called 
 
 in the of in the 
 
 county of 
 
 Take notice that application has been made on the 
 day of 18 [or will be forth- 
 
 with made, as the case may he\, by or on behalf of 
 
 to the Board of Charity Commissioners for England and 
 Wales for an order for the following objects, viz. : — 
 
 State the .ob- 
 jects of the Order 
 sought \tj the 
 appucation. 
 
 Any objections to or suggestions on the proposed ap- 
 plication may be transmitted, in writing, to the said 
 Board at their Office, No. 8, York Street, St. James's 
 Square, London, within 21 days from the date hereof. 
 
 Dated this day of 186 
 
 To be signed 
 by the appncants 
 or their autho- 
 rised'agent in 
 that character. 
 
 No. 3. 
 
 Form of general notice of application to the Bowrd to be 
 pvilished by the applicants. 
 
 ChARITT COMMISSIOIf. 
 
 In the matter of the charity called 
 
 in the parish of in the county 
 
 of 
 
 By direction of the Board of Charity Commissioners 
 
244 
 
 Forms under Act of 1860. 
 
 Stateobjects 
 of the applica- 
 tion. 
 
 To be signed 
 by applicants. 
 
 for England and Wales, notice is hereby given that ap- 
 plication has been made on the day of 
 [or will be forthwith made, as the case may require,'} to 
 the said Board by or on behalf of 
 
 for an Order for the 
 following objects, viz. ; — 
 
 Any objections to or suggestions on the proposed ap- 
 plication may be made or transmitted, in writing, to the 
 said Board at their office. No. 8, York Street, St. James's 
 Squire, London, within 21 days next after the date of 
 this notice. 
 
 Dated this 
 
 day of 
 
 186 
 
 Form of notice of proposed Order of the Board to be given, 
 in pwrsuance of the Sixth Section, of the Act. 
 
 Charity Com.mibsion. 
 
 State objects 
 or sufficient par- 
 ticulars of pro- 
 posed Order. 
 
 In the matter of the charity called 
 
 in the parish of 
 of 
 
 in the county 
 
 By direction of the Board of Charity Commissioners 
 for England and Wales, notice is hereby given that an 
 Order is proposed to be made by the said Board after 
 the expiration of one calend&r month, to be computed 
 from the publication of this notice, having the following 
 objects ; namely. 
 
 Any objections to or suggestions on the proposed 
 Order may be made or transmitted, in writing, to the 
 said Board at their office. No. 8, York Street, St. James's 
 Square, London, within 21 days next after the date of 
 this notice. 
 
 Dated this 
 
 day of 
 
 186 
 
INDEX. 
 
 
 
 
 FAOE 
 
 AooonKTS OP Charities 
 
 
 
 may be required . . • . . 
 
 
 . 125 
 
 to be rendered ..... 
 
 
 . 110 
 
 how kept by board . ... 
 
 , 
 
 160 
 
 AoTioits OK Suits 
 
 
 
 to be sanctioned by board 
 
 
 . 130 
 
 how compromised . . . • . 
 
 
 . 134 
 
 Acts op Board, how authenticated 
 
 
 . 171 
 
 Adjtoioation, powers of the board as to . 
 
 
 . 120 
 
 Admikistkatioh op Charities 
 
 
 
 left to trustees .... 
 
 68 
 
 —87 
 
 advice or direction as to . 
 
 . Ill- 
 
 -129 
 
 Adtersb Claiss 
 
 
 
 inquiry as to . 
 
 , 
 
 129 
 
 procedure as to 
 
 
 142 
 
 enjoyment, meaning of . 
 
 . 
 
 43 
 
 Advioe, application for . ... 
 
 . Ill- 
 
 -129 
 
 Alterations op Sohbmes, 
 
 
 
 how effected ... 
 
 , J 
 
 161 
 
 Amount op Income op Charities, 
 
 
 
 how determined 
 
 
 154 
 
 Appeals 
 
 
 
 Applications to Board 
 
 
 
 for general direction .... 
 
 
 111 
 
 for particular purposes .... 
 
 . 134- 
 
 -140 
 
 how made ... . . . 
 
 
 112 
 
 forms of ...... . 
 
 . 224- 
 
 -235 
 
 To Chancery 
 
 
 
 how restrained . . . . . 
 
 
 131 
 
 when made ...... 
 
 
 140 
 
 how made ....". 
 
 , 
 
 143 
 
 by whom made 
 
 . 131- 
 
 -133 
 
 Appointment 
 
 
 
 of trustees . . . . . . 
 
 
 62 
 
 jurisdiction of chancery as to . 
 
 
 140 
 
 of county courts . . . . 
 
 
 143 
 
 of officers . . ■ 
 
 
 87 
 
 Apportionment op Parochial Charities 
 
 
 72 
 
 Arbitration, power of board for . . . 
 
 
 114 
 
238 
 
 Index. 
 
 
 PAGE 
 
 Attornby-Geseeai, saving of his rights 
 
 . . 132 
 
 power of board as to . 
 
 . 133 1 
 
 BOABD 
 
 
 powers of, generally ..... 
 
 . 108—122 
 
 to give advice or direction . 
 
 . 129 
 
 to direct or delay suits . 
 
 130—133 
 
 to sanction compromises 
 
 . 134 
 
 documents . 
 
 . . 135 
 
 leases 
 
 . 136 
 
 sales, &c. . 
 
 . . 137 
 
 purcliases . 
 
 . 138 
 
 Chanoebt, Jukisdiotion op 
 
 
 generally . . . . . 
 
 19, 104 
 
 special 
 
 . 104 
 
 as to creation of trusts 
 
 . . 18 
 
 declaration of trusts 
 
 . 49 
 
 extension of 
 
 . . 75 
 
 administration 
 
 . 81 
 
 under the Act 
 
 . . 140 
 
 Chapels, Tbdsts as to 
 
 . 29 
 
 Oharoks 
 
 
 distinguished from trusts .... 
 
 . . 169 
 
 provision for apportionment of . 
 
 . 180 
 
 Chakities, what are so, generally .... 
 
 . 1—18 
 
 incorporated 
 
 2—9, 180 
 
 how created ...... 
 
 18—51 
 
 definition of 
 
 . 168 
 
 parochial 
 
 11, 102, 185 
 
 municipal 
 
 . 11 
 
 societies, &c. 
 
 ,. . 15 
 
 administration of 
 
 . 68, 
 
 management of property of . 
 
 . . 98 
 
 jurisdiction over, in chancery 
 
 . 104 
 
 of county courts 
 
 140—144 
 
 of commissioners of charities . 
 
 . 108, 188 
 
 accounts of 
 
 172, 184 
 
 apportionment of benefits of . . . 
 
 . 174 
 
 charges on . 
 
 . . 180 
 
 recipients of benefits of ... . 
 
 . 112, 191 
 
 vesting of property of 
 
 . 156, 175 
 
 investment of funds of ... . 
 
 . 100, 180 
 
 sales, exchanges, &c 
 
 . . 179 
 
 ClAiMS, by or against charities, how settled 
 
 . 134 
 
 CoMMissioNEKs 01 CHARITIES, how appointed 
 
 . . 123 
 
 their powers 
 
 . 125—140 
 
 CoMPROHiSEs, of claims, &c 
 
 . . 134 1 
 
Index. 239 
 
 PAGE 
 
 CouHTY Courts, jurisdiction of . . . . , . 143 — 148 
 
 Deolaration of Trust 
 
 when material ... .... 55 
 
 how made ... 53 
 
 Beeds, of charities, how caUed for . .__ . . . . 126 
 
 where deposited . . . . . .161 
 
 Deposit of Deeds . . . .^ 161 
 
 DiREOTIOK 
 
 power of board to give 129, 187 
 
 Dismissal of Officers, &c. . , . . . 86, 135 — 189 
 Disputes 
 
 as to charities within the jurisdiction 129 
 
 exempted . . . . . . 167 
 
 Districts, of parishes, 
 
 charities, how apportioned to . . . . 174 
 
 of county courts ... .... 191 
 
 of commissioners of bankruptcy . . . . . ib. 
 Dividends 
 
 of charity stoct, &c. . ..... 177 
 
 Documents, issued by board 
 
 how authenticated . . . . . . .171 
 
 of charities ... . .... 161 
 
 Donees 
 
 how made trustees .... . 24, 25 
 Donors 
 
 services for benefit of . . . . . . . . 31 
 
 Endowed Charities 
 
 within the Act ..... ... 169 
 
 Endowments ...... ... 24 
 
 Enforcing Orders of Board .... . . 173 
 
 of county court . . . . . . 148 
 
 Enquiries. See Inquiries. 
 
 Enjoyment 
 
 adverse to charity . ..... 202 
 
 observations on . . 44 
 
 Estates of Charities 
 
 management of, generally 98 
 
 leases of 136, 179 
 
 sales or exchanges 137, 179 
 
 of patochial charities 18, 102 
 
 of municipal charities 12, 157 
 
 Exchanges 
 
 of charity lands 180, 181 
 
 Existence or Extent of Trust 
 
 inquiries as to 151 
 
240 
 
 Index. 
 
 Forms. See Appendix. 
 
 PAGE 
 
 . 216 
 
 Gkahmar Schools 
 
 . . 10 
 
 masters of 
 
 . 88, 136, 191 
 
 HosPMAis, ancient . . . ' . 
 
 ... 3 
 
 nature of . , 
 
 . i 
 
 evidence as fo 
 
 . . 6 
 
 jurisdiction as to 
 
 5-7 
 
 right of inmates of ... . 
 
 . . 6 
 
 provision as to removal from 
 
 . 191 
 
 Houses 
 
 
 held by officers of charity 
 
 88, 135 
 
 or recipients 
 
 '. 6 
 
 provision as to removal from . 
 
 . . 191 
 
 Incomb op Chakities 
 
 
 ■ how estimated 
 
 . 154 
 
 returns of ..... . 
 
 . . 184 
 
 inquiries as to 
 
 . 125 
 
 Inqitiries 
 
 
 powers of board as to 
 
 . 125, 173 
 
 as to adverse claims .... 
 
 . : 151 
 
 persons liable to 
 
 . 172 
 
 Inspkotors 
 
 
 powers of 
 
 . . 125 
 
 reports of . 
 
 . 132 
 
 ISSTITDTIOH OS SniTS ' 
 
 
 how sanctioned 
 
 . . 133 
 
 Ihvestmeht of Chabitx Pdhds 
 
 . 138 
 
 JuRISDIOTIOlf 
 
 
 of chancery, generally .... 
 
 . . 62 
 
 under Eomilly's Act 
 
 . 104 
 
 under Charitable Trusts Act 
 
 . . 140 
 
 of covmty courts 
 
 . 143, 155 
 
 of commissioners of charities . 125, 
 
 140, 169, 179, 187 
 
 how determined ..... 
 
 . 154 
 
 under Charitable Trusts Act . 
 
 . . 169 
 
 exemptions from 
 
 . 164 
 
 of visitors 
 
 . . 7 
 
 over religious charities .... 
 
 . 86 
 
 Lands of Charities 
 
 
 how let 
 
 . 136—179 
 
 
 . . 179 
 
 or mortgaged . . . . ' . 
 
 . ib. 
 
 Leases of Chakitt Lands . . . . 
 
 . . 107 
 
 powers of Board to sanction 
 
 . 136 
 
 fra,me schemes as to 
 
 . . 181 
 
Index. 241 
 
 Legal Estate 
 
 in property of a charity 156 
 
 of municipal charities .... . . 157 
 
 of parochial charities ... . 175 
 
 Lettino Chaeitt Lands 101 
 
 schemes for ... , ... 181 
 
 Hass 
 
 what it is ......... 30 
 
 support of, legal ib. 
 
 Masses for souls of donors . , . . . . . 31 — 37 
 
 Mastek of School 
 
 how appointed or removed ,88 
 
 power of Board as to ...... 135, 191 
 
 MmisTEBS OF Chapels, &c. 
 
 how appointed ..... .... 87 
 
 removed 88 
 
 power of Board as to ... . . 188 — 191 
 
 MOKTBAQES OF ChARITT PROPERTY 
 
 how sanctioned . . . 179 
 
 officers of charities ........ 88 
 
 dismissal of . . . . . 135—191 
 
 Obdees op the Board 
 
 
 to render accounts, &c. . . . 
 
 . 128—185 
 
 to authorise suits ..... 
 
 . . 131 
 
 sales, &c. .... 
 
 179 
 
 transfer of stock, &c. 
 
 . . 177 
 
 for investment 
 
 . 181 
 
 by their own powers . 
 how published 
 
 authenticated ..... 
 
 . 186 
 
 . 188 
 
 171 
 
 appealed against .... 
 enforced 
 
 . 189 
 . . 173 
 
 Orders op the Court of Chahoert 
 
 
 under Eomilly's Act .... 
 the Charitable Trusts Act 
 
 . 104 
 . . 140 
 
 of the county court 
 
 to vest charity property in official trustee 
 
 144 
 . . 156 
 
 Parish Charities .... ... 11 
 
 lands of 102 
 
 apportionment of . . . . . . . .174 
 
 schemes for ......... 189 
 
 Payment op Money 
 
 orders for . 176 
 
242 Index. 
 
 Personal Property op Charities 
 
 how vested 
 
 . . 159 
 
 Persons liable to be examines 
 
 . 126 
 
 Powers oe Board 
 
 
 to make inquiries 
 
 127 
 
 give advice 
 
 129 
 
 sanction suits ..... 
 
 . . 131 
 
 compromises 
 
 . 134 
 
 dismissals ... 
 
 135—191 
 
 leases 
 
 . 136 
 
 sales, &c. 
 
 . . 137 
 
 purchases 
 
 . 138 
 
 demand accounts .... 
 
 . 185 
 
 arbitrate disputes 
 
 . 167 
 
 make schemes 
 
 . . 188 
 
 tax costs .... . . 
 
 . 182 
 
 require deeds, &c. ... 
 
 . 183 
 
 make original orders ..... 
 
 188 
 
 Principal Monies os CnARiir 
 
 
 how secured ...... 
 
 . . 177 
 
 Pbopbrty of Charities 
 
 
 real — how vested ... . . 
 
 . 156 
 
 how let 
 
 . . 136 
 
 sold, &c 
 
 . 137, 179 
 
 personal — how vested 
 
 159, 175 
 
 invested 
 
 . 181 
 
 Publioatioh of Orders ..... 
 
 . 189 
 
 of accounts 
 
 183 
 
 Purchases of Land for Charities . 
 
 . . 138 
 
 Eeal Estate 
 
 
 how given for Charity 
 
 . 52 
 
 fixed with trust for ... 
 
 25 
 
 Beal Estates op Charities 
 
 
 how vested ....... 
 
 . 156 
 
 let or sold. (See Land). 
 
 
 Keoipients op Charities .... 
 
 . . 70 
 
 parochial charities ... . . 
 
 . 72 
 
 rights and remedies of .... 81, 82, 112, 145 
 
 Relief, Order or Dirbotioh 
 
 
 how obtained by charities 
 
 . 103 
 
 under EomUly's Act . . . . 
 
 . . 104 
 
 the Charitable Trusts Act 
 
 . 106—108 
 
 from the Board .... 
 
 . . 187 
 
 county court 
 
 . 146 
 
 Court of Chancery at chambers 
 
 . . 140 
 
Index. 
 
 im 
 
 Bemoval of Trustees 
 officers or recipients 
 
 Bent-chasogs of Chakiiies 
 how redeemed 
 
 BoMAN Caihoiio Chabities 
 
 t 
 
 Bohzlly's Aoi 
 
 jurisdiction under 
 
 Act 
 
 FAOE 
 
 156, 188 
 135, 191 
 
 . 103 
 . . 138 
 
 . 29 
 39, 196 
 
 204 
 
 Sales of Chahiit Lands . 
 
 . sanction of, by Board 
 Sboketart of Board . *. 
 
 accounts of . . . 
 Securities of Charities 
 
 accounts of ■ , ■ 
 
 SCEEUES 
 
 when required 
 
 how framed 
 
 in Chancery 
 
 of the Commissioners 
 
 by Parliament 
 
 how authenticated 
 Schools, Generally 
 
 Grammar .... 
 
 masters of . . . 
 
 religious teaching in 
 
 privileges of Church of England as to 
 Shares, Stock, &c., of Charities 
 
 how vested ... 
 Societies, Charitable 
 
 exempted . 
 Special Jurisdictions 
 
 how determined . 
 Stock, &c., of Charities 
 
 how vested 
 
 dividends on, how received 
 
 transfers of, how effected 
 Surplus of Chabity Income . 
 
 how applied 
 
 Taxation op Costs 
 
 provision for ... 
 Terus 
 
 interpretation of 
 Transfer of Stock, ha. 
 Tbbasukeb of Charities . 
 
 . . 103 
 
 137, 179 
 
 . . 156 
 
 . 160 
 
 . . ih. 
 
 . 74 
 
 . 76 
 
 . 140 
 
 . 189 
 
 . 161 
 
 . . 171 
 
 6—10 
 
 . . 10 
 
 135, 191 
 
 . . 85 
 
 . 84 
 
 159, 176 
 
 . 165 
 
 . 152 
 
 . 154 
 
 . 176 
 
 . 159 
 
 . 160 
 
 . 177 
 
 . 77 
 77, 81 
 
 . 182 
 
 . . 168 
 
 . 177 
 
 156, 176 
 
244 
 
 Index. 
 
 Tetjstbbs 
 
 official . 
 
 property transferred to 
 Trust Pboperit 
 what It is . 
 
 transfer of . . . 
 management of (See Chabitt). 
 Teustees 
 
 how made .... 
 
 appointed 
 
 removed 
 
 controlled 
 
 directed 
 Tbustbbs, Powbes op 
 generally 
 as to letting 
 gelling, ha. . 
 dismissing officers 
 removing recipients . 
 TiRHSTs, Chaeitable 
 in general 
 how created 
 ascertained 
 discretionary 
 beneficial to donees . 
 perpetuity of purpose . 
 for chapels, &c. 
 
 156—176 
 
 21 
 156 
 
 of general ; how deposed 
 how declared 
 
 disclosed 
 
 administered 
 recipients of . 
 
 24, 25 
 . 62 
 . 63 
 64 
 . 129 
 
 . 68 
 . 101, 178 
 103—179 
 . . 87 
 
 . 82 
 
 1 
 , . 18 
 42, 66, 95 
 21, 22, 70 
 23, 44, 78 
 26 
 
 30 
 49 
 58 
 60 
 00 
 82 
 
 THE END. 
 
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