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No. I. receipt or application or nonapplication or misapplication thereof, or to 1 & 2 W.4, the state of the schools or charities which shall be the subject of enc. 34.
quiry before such commissioners or commissioner, or the true copy of
said courts respectively may do in cases of contempt of the same courts. Purchasers XII. Provided always, That if any person who shall be summoned without notice to appear before the said commissioners or any one of them shall, not bound to
upon his or her examination, allege that he or she hath purchased or answer inter
obtained for valuable consideration any estate or interest of, in, to, or rogatories.
out of any lands, tenements, rents, annuities, hereditaments, goods, or
tenements, rents, annuities, hereditaments, goods, or chattels.
mortgagor, cestui que trust or principal being examined touching the gagors, cestui.
same by the said commissioners or commissioner; and in case such que trusts, &c.
mortgagor, cestui que trust, or principal shall, by the provisions of this
any evidence of the contents thereof, to the said commissioners or comPersons not
missioner : Provided also, that no person shall be compellable to answer compellable to any question, or to produce any deed, paper, writing, instrument, or criminate them- other document, the answer to which or the production of which may selves.
criminate or tend to criminate such person, or to expose such person to
any pains or penalties. Officers having
XIV. That whenever any extract from the inrolment of any charter custody of re- or deed, or from any decree, report, record, or other document whatever, cords, to fur- deposited or remaining in any of the offices belonging to or uuder the nish extracts if control of the courts of chancery or exchequer, or in any public registry, required by a shall be required for the purposes of this act by an order signed by one commissioner. of the commissioners under this act, the officer or officers having the
custody of such inrolment, decree, report, record, or other document
such extract or any copy which shall be required for the purposes of No. I. this act, by any order signed by one of the said commissioners, of 1 & 2 W. 4, any such inrolment, decree, report, record, or other document, shall not c. 34. be subject or liable to the payment of any stamp duty whatever, any law, statute or usage to the contrary in anywise notwithstanding. on such No stamp duty
XV. That in case of a vacancy or vacancies by death, remoral, or extracts, &c. resignation of any such commissioners, it shall be lawful for his Majesty, Vacancies of his heirs and successors, to nominate and appoint such person or per- commissioners sons as he or they may think proper for the supplying of such vacancy may be filled or vacancies.
up XVI. That this act or any of the provisions therein contained shall Act not to exnot extend or be construed to extend to either of the universities of tend to univerOxford or Cambridge, nor to any college or hall within the same, nor to sities and cerany schools or other endowments of which the said universities, col- tain schools, leges, or halls are trustees ; nor to the colleges of Westminster, Eton, or Winchester ; nor to the Charter House; nor to the royal hospitals of Christ, Bridewell, St. Thomas the Apostle, St. Bartholomew, and Bethlem ; nor to the schools of Harrow or Rugby, or any of them; nor to any cathedral or collegiate church within England or Wales ; nor to the corporation of the Trinity House of Deptford Strond ; nor to any funds applicable to the benefit of any persons of the Jewish persuasion, or the people called quakers, or persons of the Roman Catholic persuasion, and which shall be under the superintendence and control of persons of such persuasions respectively.
XVII. Provided also, That this act or any of the provisions therein contained shall not extend or be construed to extend to any institution, chiefly sup
nor to charities establishment, or society for charitable purposes, wholly or principally ported by vomaintained by voluntary contributions, and under the superinten- luntary contridence and control of any committee or governors or other person or butions; persons chosen or appointed out of or by voluntary subscribers thereto; and that the application of any donation or bequest to the general purposes of any such institution, establishment or society, in aid of such voluntary contributions, shall not be subject to the examination or interference of the commissioners appointed under this act: Provided except as to always, that the management and application of the rents and profits management of any lands, tenements, or hereditaments belonging to such institution, and application establishment, or society, for the period of twenty years or upwards of rents for 20 before the passing of this act, shall in all such cases be subject to the years. examination of the said commissioners at their discretion.
XVIII. That any action or suit which shall be brought against any Limitation of commissioner or commissioners to be appointed under the authority of actions. this act, or against any person or persons acting under the authority or by the order of such commissioners, or any one or more of them, for any thing done or acted by him or them under this act, shall be commenced within six calendar months next after the fact committed (in respect of which such action or suit shall be brought or commenced) and not afterwards ; and the defendant or defendants in every such General issue. action or suit may plead the general issue, and give this act and the special matter in evidence at any trial to be had thereupon ; and if such action or suit shall be brought or commenced after the time so limitted for bringing the same, then the jury shall find a verdict for the defendant or defendants; and in such case, or if the jury shall find a verdict for the defendant or defendants upon the merits, or if the plaintiff or plaintiffs shall become nonsuit, or discontinue his, her, or their action after appearance, or if upon demurrer judgment shall be given against the plaintiff or plaintiffs, the defendant or defendants shall have treble Treble costs. costs, which he or they shall and may recover in such and the same manner as any defendant can by law in other cases
XIX. That this act shall continue in force until the first day of Sep- Continuance of tember one thousand eight hundred and thirty-three, and from thence act. until the end of the then next session of parliament.
the Provisions of an Act passed in the Fifty-ninth Year of
[23d June 1832.)
his late Majesty king George the third it was, amongst other things, enacted, that whenever, upon any examination or investigation taken or had by and before the commissioners appointed or to appointed under the authority of certain acts of the fifty-eighth and fifty-ninth years of his said late Majesty therein-before mentioned, any case should arise or happen in which it should appear to the said commissioners that the directions or orders of a court of equity were requisite for the remedying of any neglect, breach of trust, fraud, abuse, or misconduct in the management of any trust created for
purposes as therein-before mentioned, or of the estates or funds thereunto belonging, or for the regulating the administration of any such trust, or of the estates or funds thereof, it should and might be lawful for the said commissioners, or any five or more of them, if they should think fit, to certify the particulars of such case in writing under their hands to his Majesty's attorney general, and thereupon it should be lawful for his Majesty's attorney general, if he should so think fit, either by a summary application in the nature of a petition, or by information, as the case might require, to apply to or commence a suit in his Majesty's high court of chancery, or to or in his Majesty's court of exchequer sitting as a court of equity, stating and setting forth the neglect, breach of trust, fraud, abuse, or misconduct, or other cause of complaint or application, and praying such relief as the nature of the case might require; and after such petition should have been presented or suit instituted, such proceedings were to be had thereupon as in the said act now in recital mentioned: And whereas the powers of the said commissioners expired on the first day of July one thousand eight hundred and thirty, and many charities still remain to be investigated :
And whereas an act was passed in the last session of parliament, 1 & 2 W. 4, intituled An Act for uppointing Commissioners to continue the Inquiries
concerning Charities in England and Wales for Two Years, and from
mentioned : And whereas it is expedient to make such provisions
Majesty's attorney general as the commissioners appointed under the as commission authority of the said acts of the fifty-eighth and fifty-ninth years of the ers under reign of his said late Majesty were empowered to do; and thereupon former acts such proceedings shall or may be had and taken as were authorized or were empower-directed by the said recited act of the said fifty-ninth year of his said ed to do. late Majesty's reign, in the same manner to all intents and purposes as
if the provisions of that act, as to such certificates and proceedings, No. II. were embodied in and re-enacted by this act.
1 & 2 W.4, II. That in all cases of proceedings instituted or to be instituted c. 57. by his Majesty's attorney general in pursuance of the said recited act of the fifty-ninth year of his said late Majesty's reign, or of this Attorney geneact, the production to the court of a certificate under the hand ral's certificate of his Majesty's attorney general, stating that the particulars of the to be evidence case in question, in writing, have been certified to his Majesty's of particulars of attorney general for the time being according to the provisions of the cases having
been duly cersaid recited act of the fifty-ninth year of his said late Majesty, or of this
tined by comsaid act, as this case may be, shall be deemed sufficient evidence that
missioners. such particulars have been duly certified to his Majesty's attorney general accordingly, to and for all intents and purposes whatsoever.
III. That where the person, or all the persons, if more than one Courts of chanin whom any lands, hereditaments, rent-charge, or other real property cery or exmay have been vested in trust for any charity or charitable or public chequer empurpose, shall be dead, it shall be lawful for the said court of chancery powered to dior the said court of exchequer, on the petition of his Majesty's attorney rect convey.. general, or of the persons or body administering such charity or super
ances of charity
estates in cerintending such public purpose, or of any person on behalf thereof, to
tain cases. direct any master or other officer of the said courts respectively to cause two successive advertisements to be inserted in the London Gazette, and in one or more of the newspapers circulated in the county, city, or place where such land, hereditaments, or real property, or the lands or hereditaments out of which such rent-charge is issuing, shall be situated, giving notice that the representative or representatives of the person of the last survivor of the persons in whom any land, hereditaments, rentcharge, or other real property may have been vested in trust as aforesaid do within twenty-eight days appear or give notice of his or their title to such master or other officer, and prove his or their pedigree or other title as trustee ; and if no person shall appear to give such notice within such twenty-eight days, or the person or persons who may appear or give such notice shall not within thirty-one days after such appearance or notice prove his or their title to the satisfaction of such master or other officer, then and in such case it shall be lawful for the said courts respectively to appoint any new trustees for such charity or charitable or public purpose, in case no trustees for such charity or purpose duly appointed shall then be existing ; and such land, hereditaments, rent-charge, or other real property may be conveyed to such new trustees when so appointed by the said courts respectively, or to the existing trustees previously duly appointed, as the case may be, by any person whom the said courts respectively may direct for that purpose by virtue of the provisions in this act, without the necessity of any decree.
IV. That whenever it shall appear to the said commissioners to be For empowerappointed under the authority of the said act of the last session of par- ing resident liament that the property belonging to any charity consists only of one ministers and or more annuity or rent-charge, annuities or rent-charges, not exceed- churchwardens
to receive renting in the whole the yearly sum of twenty pounds, and that there are no existing trustees or persons legally qualified to receive and give an
charges beeffectual discharge for such annuity or rent-charge, annuities or rent- charities, where
longing to charges, it shall and may be lawful for any five of the said commis- there are no exsioners, by writing under their hands and seals, to empower the resi- isting trustees. dent minister and the churchwardens or chapelwardens for the time being of the parish or place interested in such charity, in case only one parish or place is so interested, but if more than one parish or place is so interested, then the resident minister and the churchwardens or chapelwardens of some one of the parishes or places interested, to receive the said annuity or rent-charge, annuities or rent-charges, or any arrears thereof, and to apply the same according to the purposes of the charitable donations or bequests thereof, in the same manner as the trustees of the said charity would have been bound to do ; and the power so to
No. II. be given to such minister and churchwardens or chapelwardens shall 1 & 2 W. 4, remain in force until trustees of the said charity duly appointed shall c. 57. appear and claim the administration of the funds thereof, or until trus
tees of the said charity shall be appointed by the court of chancery or
[No. III.] 2 & 3 W. IV. c. 115.--An Act for the better
securing the Charitable Donations and Bequests of his
[15th August 1832.] WHEREAS by an act passed in the first year of the reign of king 1 W. & M.
William and queen Mary, intituled An Act for exempting His Majesty's Protestant Subjects dissenting from the Church of England from the Penalties of certain Laws, and by certain subsequent statutes, the schools and places for religious worship, education, and charitable purposes of Protestant dissenters are exempted from the operation of certain penal and disabling laws to which they were subject previously to the passing of the said recited act of the first year of the reign of king Wilsiam and queen Mary: and whereas by certain acts of the parliament of
Scotland, and particularly by an act passed in the year one thousand 1700, c. 3.
seven hundred, intituled An Act for preventing the Growth of Popery,
gion in England and Wales to acquire and hold property necessary for Roman catho- religious worship, education, and charitable purposes : 'Be it therefore lics to be sub- enacted, &c., That from and after the passing of this act his Majesty's ject to the same
subjects professing the Roman catholic religion, in respect to their laws as protes
schools, places for religious worship, education, and charitable purtant dissenters, poses, in Great Britain, and the property held therewith and the persons with respect to employed in or about the same, shall in respect thereof be subject to the schools and same laws as the Protestant dissenters are subject to in England in resplaces of pect to their schools and places for religious worship, education, and worship charitable purposes, and not further or otherwise. (1) Roman
II. Provided always, That in all cases in which schoolmasters or catholic school- other persons employed in such schools or other places are, as a legal
(1) Where a testator, who died in 1823, gave two legacies to the respective trustees of certain Catholic schools upon trust for carrying on the good designs of the said schools, it was held that the above act was retrospective, and that the trustees were entitled to the legacies. Bradshuw v. Tasker, 2 Mylne & Keene 221.