« EelmineJätka »
any part thereof, signed as aforesaid, shall at all times be admitted and No. v. allowed in all courts whatsoever as legal evidence.
3 & 4 W. 4, III. That if any commissioner shall be dead or incapable of acknow
c. 87. ledging his award before such award shall be inrolled, the same award may be inrolled without the acknowledgment of such commissioner, on As to practice due proof being given that such award is the deed or instrument of such requiring accommissioner.
knowledgment of deeds. IV. That where any award already made and executed under or in As to the pospursuance of any act of inclosure shall be deposited in any parish session of church, it shall be considered as in the custody of the officiating minis- awards when ter and churchwardens for the time being of such parish church; and deposited. where any such award shall be in the possession of the lord of any manor to or for whom, or to or for any preceding lord of which manor, any allotment shall have been made under such award, or in the possession of the steward of such manor, it shall be considered as in the custody of the lord of such manor for the time being; and the steward shall, when required, deliver up the same accordingly; and the said minister and churchwardens, or lord, as the case may be, shall from time to time, upon the request of any person or persons interested in any allotment or allotments, or otherwise, under such award, cause the same to be produced for the inspection of such person or persons on being paid by him, her, or them a just and reasonable compensation for such production, and shall also cause the same to be produced for the purpose of being inrolled, or in any court of law or equity, or on any other occasion, for the purpose of being given in evidence, on being paid all just expences.
V. That where any such award as aforesaid shall not be deposited in Proprietors the parish church of the parish in which the lands to which such award may require shall relate are situated, and shall not be in the possession of the lord awards to be or steward of any manor to or for the present or any preceding lord of deposited in the which manor an allotment shall have been made under such award, but church or with shall be in the possession of any other person, it shall be lawful for any the lord of the person or persons interested in any allotment or allotments, or other. manor. wise, under such award, to require the same to be deposited in the parish church of the parish in which the lands to which such award shall relate are situated, and the person in whose possession the same shall be shall, on such request, deliver up the same to the minister and churchwardens for the time being of such parish church, for the purpose of
being so deposited. VI. That in all cases where in or by virtue of any act or acts of in- Providing for closure heretofore passed provision hath been made for the election, appointment of nomination, or appointment, within a time therein limited or directed, commissioners of a new commissioner or commissioners in the event of the death, re- in cases where fusal, or neglect to act of the commissioner or commissioners appointed they have been by or by virtue of such act or acts, or of his or their becoming, by neglected or reason of absence beyond the seas, or otherwise, incapable of acting in omitted to be the execution of the powers, authorities, and trusts in such commissioner or commissioners vested and reposed, before the same and every of them shall have been fully executed and performed, and where any such election, nomination, or appointment as aforesaid, or any of them, shall have been neglected or omitted to have been made, pursuant to such act or acts, within the time or times thereby limited or directed, then and in every such case it shall and may be lawful to and for the person or persons by any such act or acts of inclosure authorized or empowered for that purpose, and on such notice or notices and at such meeting or meetings (if any) as required or directed by any such act or acts of inclosure, to proceed at any time after the passing of this act to the election, nomination, and appointment of, and to elect, nominate, and appoint in such manner as by such act or acts of inclosure is or are directed, one or more fit and proper person or persons (as the case may require), not interested in the division, allotment, or inclosure by such act or acts of inclosure directed or authorized to be made, and not
otherwise disqualified by such act or acts respectively, as a commis3 & 4 W. 4, sioner or commissioners in the room, place, or stead of the commis
sioner or commissioners so dying, refusing, or neglecting, or becoming incapable of acting as aforesaid, and to do all other acts, matters, and things which shall be requisite or necessary for effecting the purposes aforesaid, notwithstanding the time so limited or appointed as aforesaid for doing or performing the same shall then have elapsed, and so from time to time as often as any commissioner so to be elected, nominated, or appointed as aforesaid shall die, refuse, neglect, or become incapable of acting as aforesaid ; and the several writings appointing such new commissioner or commissioners, and all other documents (if any) relative thereto, shall be deposited or disposed of as by such act or acts of inclosure is or are directed ; and every commissioner to be elected, nominated, or appointed by virtue of this act to execute the powers, authorities, and trusts of any act or acts of inclosure as aforesaid, having first taken the oath or oaths, and complied with the other terms or conditions (if any) prescribed in and by such act or acts of inclosure, shall have the same powers and authorities, and no others, for putting or carrying into execution such act or acts, as if he had been duly elected, nominated, and appointed for those purposes, within the time
lin ed or directed by such act or acts of inclosure. Act not to give VII. Provided always, That nothing herein contained shall extend to greater validity affect any pnblic right, or otherwise to give any greater force or validity to awards than to any award already made and executed under or in pursuance of any as respects the act of inclosure, than such award would have had if this act had not defects.
been made, except so far as respects the several defects herein-before respectively specified and provided for.
JOINT-TENANTS, COPARCENERS, AND TENANTS IN
COMMON. [By the recent statute of limitations, 3 & 4 W. 4, c. 27, s. 12, the rule of law that the possession of one joint-tenant, coparcener, or tenant in common is the possession of the others of them, has been altered. And by the same act, s. 36, the writ of partition, whereby joint-tenants were compellable at law to divide their lands is abolished. See the clauses, post. Part III, Class 8.]
MORTMAIN AND CHARITABLE USES. [No. I.] 1 & 2 W. IV. c. 34.—An Act for appointing Com
missioners to continue the Enquiries concerning Charities in England and Wales for Two Years, and from thence to the end of the then next Session of Parliament. (1)
[15th October 1831.] WHEREAS, &c., [Recites the titles of the 58 G. 3, c. 91. 59 G. 3, c.
81. 5 G. 4,c 58. 10 G. 4, c. 57]: And whereas the commissioners appointed under and by virtue of the said two first-mentioned acts pursued the inquiries thereby authorized and directed, and made several reports of their proceedings; but their powers expired on the first day of July one thousand eight hundred and thirty : And whereas many charities still remain to be investigated, and further time will be required for that purpose, and it is therefore highly expedient that commissioners should be appointed for the purposes aforesaid, to act according to the provisions and limitations herein-after expressed and contained: be it therefore enacted, &c., That it shall and may be lawful for his Majesty to issue a commission under the great seal to any number of persons not exceeding twenty, who shall be constituted commissioners for the purposes intended by this act; and that they the said commissioners shall and they are hereby empowered and required, in Commissioners manner herein-after mentioned, to examine into and investigate the to be appointed amount, nature, and application of all estates and funds of what nature
to inquire into
the nature and or kind soever, and the produce thereof, destined or intended to be
management of applied to the purpose of educating the poor in England and Wales, or charities. to the support of any charity or charities, or charitable donation or donations for the benefit of poor persons in England and Wales, or held under trusts created for any charitable uses or purposes whatever in England or Wales, or held under trusts created for any charitable uses or purposes whatever in England or Wales, (except as is herein-after provided and excepted,) and to examine into and investigate all breaches of trust, irregularities, frauds, abuses or supposed abuses, or misconduct in relation to and in the management or appropriation or nonappropriation or misappropriation of such estates and funds; and the said commissioners or any five of them shall once in each half year, during the continuance of the said commission, report and certify in writing under their hands and seals,
To report halfto the king's most excellent Majesty, their proceedings touching the
yearly. amount, nature, management, application, and appropriation of such of the aforesaid estates and funds as they shall have inquired and examined into, and also what is the nature of such estates and funds respectively, and the actual annual produce thereof, and what is the actual annual value thereof, and in whose possession as tenants thereof any part thereof consisting of lands, tenements, or hereditaments shall be, adding at the same time such observations as shall occur to them respecting such mode as they shall deem most effectual for the recovering of such part or parts of such estates or funds as shall appear to them to have been applied in breach of the several trusts created in respect of the same, or shall appear to have been omitted to be applied in pursuance of such trusts, and subjoining such suggestions as may seem to
(1) See the 5 & 6 W. 4, c. 71, post.
No. I. them expedient respecting the most effectual mode of securing such 1 & 2 W. 4, estates and funds, and their respective produce, against any future c. 34. misapplication thereof.
II. That no remuneration shall be given, for and in respect of the Remuneration execution of this act, to such of the said commissioners as shall be and allowance. members of either house of parliament, nor to any number exceeding
ten of the other commissioners, but there shall be allowed and paid to
the same, take an oath before the chancellor of the exchequer or the
ledge, I will faithfully, impartially, and truly execute the several
Appointment of V. That it shall and may be lawful for the said commissioners and
messengers, and officers, not exceeding in the whole one secretary, five
think fit to direct and appoint in their behalf.
shall meet, and from time to time, with or without adjournment, hold
of this act; and the said commissioners are hereby authorized to Power to
require, by precepts under their hands and seals, or under the hands require the at- and seals of any two of them, from any person or persons acting as a tendance of
trustee or trustees for any of the said estates or funds, or having any persons and production of
concern in the management or administration of the same, or in the papers.
payment or receipt of any of the said funds or estates, or any charge
sons whomsoever to attend them, and require such person or persons to No. I. bring with him, her, or them any deed, paper, writing, instrument, or 1 & 2 W. 4, other document being in his, her, or their custody and possession, and c. 34. relating to any such estates or funds or the produce thereof, or to the receipt or application or nonapplication or misapplication thereof, which shall in the judgment of such commissioners be conducive and necessary to the due execution of the purposes of this act ; and every person to whom such precept shall as aforesaid have been addressed and delivered is hereby required and directed punctually to attend the said commissioners at such time and place as shall for that purpose have been appointed; and to every such person or persons may be paid such sum of money as in the judgment of the said commissioners shall be No person just and reasonable : Provided always, that no such person shall be obliged to obliged to travel in obedience to such precept more than ten miles from travel more his or her place of abode.
than ten miles. VII. And for rendering more effectual all such examinations as are Commissioners intended to be had under this act, be it enacted, That the said com- empowered to missioners are hereby authorized to examine upon oath, or affirmation examine upon of persons being quakers (which oath or affirmation the said commis- oath. sioners or any two of them are hereby respectively authorized to administer), ali persons whom they are by the provisions of this act empowered to call before them to be examined, touching all matters and things necessary for the execution of the powers vested in them by this act.
VIII. That whenever any such two commissioners shall in their One commisjudgment think it expedient that each or either of them should pursue sioner may act any examination separately and without the assistance or presence of in certain cases. the other of such two commissioners, each of such two commissioners shall on such occasion have the same powers of issuing precepts, admi. nistering oaths, and conducting the examinations prescribed by this act, and under the same rules and regulations, as are hereby vested in the said commissioners or any two of them; and that it shall be lawful for the said commissioners or any five of them, when they may see occasion, to authorize and direct any one commissioner to sit within the city of Westminster alone, or to resort alone to any other city, town, borough, bamlet, village, or place in England or Wales, for the purpose of examining into the case or cases of any particular charity or charities; and then also and in such case such commissioner shall have the same powers of issuing precepts, administering oaths, and conducting the examinations prescribed by this act, and under the same rules and regulations, as are herein-before vested in the said commissioners or any two of them.
IX. That the said commissioners respectively shall and they are Examinations, hereby required to cause the examinations which shall be taken before &c. to be transthem respectively, and all papers and documents being parts of such mitted to the examinations, to be from time to time transmitted to the secretary of the secretary. said commissioners at their office in Westminster aforesaid.
X. That in case any person upon examination on oath, or being a Penalties of quaker upon affirmation, before the said commissioner or commis- perjury for false sioners, shall wilfully and corruptly give false evidence, every such swearing. person so offending, and being thereof duly convicted, shall be and is hereby declared to be subject and liable to such pains and penalties as under any law now in force may be inflicted on persons convicted of
Persons rewilful and corrupt perjury.
fusing to appear XI. That if any person summoned to appear before the said com
before commismissioners or any one of them shall wilfully omit or refuse to appear sioners, or to before such commissioners or commissioner, or to bring or produce any produce deeds deed, paper, or writing, instrument or other document in his or her or answer quespossession, custody, or power, and which he or she shall be required tions, liable to by the precept of any such commissioners or commissioner to produce, be fined by the relating wholly to the estates or funds which shall be the subject of court of king's enquiry before the said commissioners or commissioner, or to the bench or ex