CLASS VIII. No. 1. Stat. 52 G. 3. c. 102. PART II. tain to the best of his, her, or their knowledge and belief, a true and full account of the real and personal estate, annual gross income, investment, and the particular or general objects of the charity or charitable donation of which such memorial or statement shall have been registered, together with the names of the respective donors or benefactors thereto, where known, and also of the person or persons in whose custody, possession, or controul, the deeds, wills, and other instruments herein-before mentioned, shall at such time be, and also the names of the trustee or trustees, feoffee or feoffees, possessor or possessors of such real and Not to ex-personal estate: Provided always, that none of the provitend to do- sions herein-before contained shall be construed to extend secured up- to any charity or charitable donation not issuing out of or on lands; secured upon any lands, tenements, or hereditaments, or nor to cha- directed by the founder or donor thereof to be secured stitutions. thereon, or to be permanently invested in government or any public stocks or funds, nor to any charitable donation whatsoever, which by the direction of the donor thereof, or by the lawful rules of any charitable institution whatsoever, may be wholly or in part expended in and about the charitable purposes for which the same may have been given, at the discretion of the governors, directors, managers, or the trustee or trustees of such charitable institution at any time whatsoever. nation not ritable in Act not to any royal founda institu tions. XI. And be it further enacted, That nothing in this Act extend to shall be construed to extend to any hospital, school, or other charitable institution whatsoever, which shall have been tions; nor founded, improved, or regulated by or under the authority to certain of the King's most excellent Majesty, or any of his royal predecessors, or of any special Act of Parliament thereunto particularly relating; nor to any charitable donation under the superintendence of any such hospital, school, or institution, nor to the governors of the corporation of the charity for the relief of poor widows and children of clergymen, nor to any friendly society, the rules whereof shall have been confirmed according to the provisions of the Act or Acts for the encouragement and relief of friendly societies; nor to either of the Universities of Oxford or Cambridge, nor to any college or hall thereto belonging, nor to any charitable bequest, devise, gift, or foundation whatsoever belonging thereto, or under the controul, direction, superintendence, or management of the said Universities or either of them, or any college or hall therein respectively; nor to the Radcliffe Infirmary within the University of Oxford; nor to the colleges of Westminster, Eton, or Winchester, or any of them; nor to any cathedral or collegiate church PART II. within England and Wales; nor to the Charter-house; CLASS nor to the Corporation of the Trinity-house of Deptford Strond; nor to any funds applicable to charitable purposes Stat. 52 for the benefit of any persons of the Jewish nation. VIII. No. 1. G. 3. c. 102. Nor to XII. Provided always, That nothing in this Act contained shall extend to any charitable foundation or donation charitable which shall have been or shall be given to and for the be- institunefit of any person or persons of the society of people called Quakers, and which shall be under the superintendence and controul of persons of that persuasion. tions of Quakers. founda XIII. Provided always, and be it further enacted, That Nor to chanothing in this Act contained shall extend to any charity ritable or charitable donation or foundation, the accounts of the tions, acincome and expenditure whereof shall have been directed counts of to be annually passed in the High Court of Chancery, nor which are to any charity or charitable donation or foundation, the directed to be passed annual gross income whereof shall not exceed forty shil-in Court of lings, and of which the trustee or trustees, feoffee or feoffees, Chancery, possessor or possessors, some or one of them, shall within six months after the passing of this Act deposit in the hands of the Minister of the parish wherein any of the objects of such charity, charitable donation or foundation shall be, a written memorial or statement in like form as in the schedule hereunto annexed is contained, and which by such Minister shall be forthwith deposited in the parish chest. &c. stated in XIV. And be it further enacted, That where any body Divers corporate, guild, or fraternity, shall be intrusted with the charities possession or distribution of divers charities or charitable memorial. donations or foundations, or of the rents and profits thereof, that in such cases all such charities, charitable donations, and foundations, may be registered and stated in one and the same memorial. XV. Saving always to the King's most excellent Ma- General jesty, and to all other persons, such power of superintend-saving. ing and regulating charities and charitable establishments, and the property and funds thereof, as they respectively had before the making of this Act. SCHEDULE TO WHICH THIS ACT REFERS. A MEMORIAL or statement in pursuance of an Act for the registering and securing of charitable donations; whereby it is declared by the undersigned, [state the name VIII. PART II. or names of the persons who sign the memorial or stateCLASS ment,] That the real or personal estate [state this as the case No. 1. may be] of the [state the title or appellation of the charity Stat. 52 or charitable donation] consists of [state this as the case G.3.c. 102. may be; and if real estate, whether it be in lands, tene ments, or hereditaments, and of what tenure, and where the same are situate, or whether of any charge or incumbrance on any lands, tenements, or hereditaments, and where situate: and if personal estate, describe the nature of it, and how secured] and the gross annual income arising therefrom amounts to [state the sum] and the objects of which charity or charitable foundation are [state the general or particular objects of the charity] and which charity or charitable foundation was, according to the best of my [or our, as the case may be] knowledge and belief, founded by [state by whom; and if benefited, increased, or secured by any other person, state the same and by whom] and the deeds, wills, and other instruments [state this as the case may be; and if no deeds, wills, or other instruments exist, state the same] are, to the best of my [or our, as the case may be] knowledge and belief, in the custody, possession, or controul [state this as the case may be] of [state the name of the body corporate or natural person] and the trustees, feoffees, or possessors [state this as the case may be] of the said real and personal estate [state this as the case may be] are, to the best of my [or our, as the case may be] knowledge and belief [state the name of the body corporate or natural person, as the case may be.] No. 2. Trustee or Trustees, Feoffees, Possessor or Possessors of the real or personal estate [as the case may be] of the charity or charitable donation hereby memorialized and registered. Anno 58 GEO. III. Cap. 91. An Act for appointing Commissioners to inquire concerning Charities in England for the Education of the Poor. [10th June 1818.] WHEREAS it is highly expedient that an inquiry should be made by Commissioners to be specially ap pointed, into the amount, nature, and application of the CLASS VIII. No. 2. nagement tion; and produce of any estates or funds which have from time to PART II. time been devised or otherwise appropriated by pious and well-disposed persons to the purpose of the education of the poor; and whether any breaches of trust, irregularities, or Stat. 58 abuses have been practised or happened in the management G. 3. c. 91. and employment thereof, and whether, by change of circumstances or other causes, the same cannot be beneficially applied for the purposes originally intended; be it therefore enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That it shall and may Commisbe lawful for his Majesty to issue a commission under the sioners appointed to Great Seal to any number of persons not exceeding fourteen, inquire into who shall be constituted Commissioners for the purposes the nature intended by this Act; and that they, the said Commissioners, and maor any three of them, shall and they are hereby empowered of charities and required to examine into and investigate the amount, connected nature, and application of all estates and funds, of what with educanature or kind soever, and the produce thereof, destined or the state of intended to be applied to the purpose of educating the poor education in England and Wales, in so far as such produce shall ap- of the poor. pear to be destined or applied for the applied for the purpose of educating the poor, 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 non-appropriation or misappropriation, of such estates and funds; and the said Commissioners or any three 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 the King's most excellent Majesty, and to both Houses of Parliament, their proceedings, touching the 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 VII!. PART II. have been omitted to be applied in pursuance of such trusts, CLASS and subjoining such suggestions as may seem to them expedient respecting the most effectual mode of securing such Stat. 58 estates and funds, and their respective produce, against any G. 3. c. 91. future misapplication thereof. No. 2. Commis report in cases where II. And be it further enacted, That if, upon such insioners to quiry as aforesaid, it shall appear to the said Commissioners that from any cause whatsoever it has become impossible to apply the estates or funds aforesaid, or any part not be ap- thereof, to the purposes to which the same were destined or plied to the directed to be applied, the said Commissioners shall report purposes the special circumstances of each case. estates can destined. Oath to be missioners. III. And be it further enacted, That the said Commisadminister- sioners to be appointed by virtue of this Act shall each of ed to Com- them, previously to his entering upon the execution of the same, take an oath before the Chancellor of the Exchequer or the Master of the Rolls for the time being, (which oath they are hereby respectively authorized and required to administer,) the tenor whereof shall be as followeth; (that is to say,) Salaries to number of Commis sioners. I, A. B. do swear, That, according to the best of my skill and knowledge, I will faithfully, impartially, and truly execute the several powers and trusts vested in me by an Act, intituled An Act, [here insert the title of this Act,] according to the tenor and purport of the said Act. IV. And be it further enacted, That no remuneration a certain shall be given, for and in respect of the execution of this Act, to such of the said Commissioners as shall be members of either House of Parliament, nor to any number exceeding eight of the other Commissioners; but there shall be allowed and paid to every such Commissioner such reasonable sums, for and in respect of such travelling expenses as may come to be incurred in the execution of this Act, as in the judgment of the Lords Commissioners of his Majesty's Treasury, or Lord High Treasurer for the time being, Appoint shall be deemed requisite; and the said Commissioners are hereby authorized to appoint and employ such Secretary, Secretary, Clerks, Messengers, and officers, not exceeding in the whole one Secretary, four Clerks, four Messengers, and two other officers, as they shall think meet, and to administer to the said Secretary, Clerks, and officers respectively, an oath for his true and faithful demeanour in all things relating to the due performance of any trust respecting the execution of this Act reposed in him by the said Commissioners, and in ment of Clerks, and gers. |