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the powers of this court, and the procedure by which those powers are exercised and set in motion, were dealt with in a separate treatise.

The well-known work on the Charitable Trusts Acts by Messrs. Cooke and Harwood, of the Charity Commission, is scarcely on the lines of the present volume, and, moreover, has not been republished for twenty years, having reached its second edition in 1867. It set out the leading statutes affecting charities in general, and contained at the end a digest of leading cases on the same general question. Moreover, from its date, it necessarily included neither the Charitable Trusts Act of 1869, the Endowed Schools Acts, nor any of the numerous later statutes that have conferred jurisdiction upon, or increased or modified the existing jurisdiction of the Charity Commission.

The following work is intended to give a picture of this jurisdiction in all its branches. There seemed to me to be no better method of doing this than that which has now been adopted by several leading text-book writers, i.e., to set out in extenso the statutes on which the law is based, with notes

of the cases which have arisen under those statutes

and explanations where necessary. The book does not profess to be a general statement of the law of charities. With a large number of questions which would be dealt with in such a statement it deals incidentally or not at all. The doctrine of Mortmain, together with the question, which arises under the Mortmain Act, falsely so called, of pure and impure personalty, hardly fall within its province at all. The procedure in Courts of Equity for the establishment or protection of charities, and even the powers and duties of charitable trustees, it treats of only so far as the jurisdiction of the Charity Commissioners is affected by them. The terse and clear little treatise on Charities by Mr. Whiteford, published so recently as 1878, made it unnecessary for me to treat generally of the principles on which charitable trusts are construed and administered. At the same time, there are two questions relating to the construction and administration of charities generally, the determination of which is so essential to the giving the Commissioners jurisdiction and determining its subsequent exercise, that at the risk of not saying much that is new, I have

written at some length upon them in the two essays (Parts I. and II. of my Introduction) entitled, "What are Charitable Trusts," and "The Doctrine of Cy-près."

In conclusion, I have to express my sincere thanks to Mr. H. Longley, Chief Commissioner, for his help in furnishing me with forms of application, &c. in use in the office of the Commission, and for several kind suggestions; to Mr. Cecil Russell, Junior Counsel to the Attorney-General in Charity matters, for kind suggestions; and to Mr. G. R. Alston, of the Chancery Bar, for his very generous assistance in the correction of proofs, and in many other ways.



July, 1887.


As applied in the establishment of a charity-General charitable inten-
tion-Administration by the Crown under sign manual-Rules for
execution of general charitable intention-Cy-près as applied in altera-
tion of a charity-Application of increased income-To the same class
of persons-To the same class of purposes-The Campden Charities
Case-Application of dole and apprenticeship charities to purposes of
education-Religious preferences of founder, how far followed-
Change of studies in educational charity-Free schools ..pp. 56-90.


THE CHARITABLE TRUSTS ACT, 1853 (16 & 17 Vict. c. 137).
Sect. 1. Appointment of Charity Commissioners, &c.-S. 2. Qualification-
S. 3. Officers of board-S. 4. Salaries-S. 5. No paid commissioner,
secretary or inspector to sit in House of Commons-S. 6. Style of
commissioners-S. 7. Board to frame general minutes-S. 8. Minutes
of proceedings, orders, &c. to be entered, and copies of entries signed
by the secretary to be received in evidence-S. 9. Board to inquire
into condition and management of charities-S. 10. Power to require
accounts and statements-S. 11. Officers having custody of records
to furnish copies to board-S. 12. Examination by inspectors—
S. 13. Persons giving false evidence S. 14. Persons refusing to
render accounts, &c., guilty of contempt of Court-S. 15. Saving for
persons claiming adversely to charities-S. 16. Applications to board
for their opinion, advice or direction- S. 17. Notice of legal pro-
ceedings to be given to the board. Note: What is such a proceeding?
Form of application for certificate of board-S. 18. Saving for
the attorney-general acting ex officio S. 19. Board may authorize
proceedings on the report of an inspector—S. 20. May certify cases
to the attorney-general—S. 21. May sanction building leases, work-
ing mines, &c.-S. 22. May empower trustees to remove officers of
a charity-S. 23. May sanction compromise of claims on behalf of
a charity-S. 24. May, under special circumstances, authorize sale
or exchange of lands: Forms of application for such authority-
S. 25. May authorize the redemption of rent-charges-S. 26. Validity
of such leases, sales, &c.-S. 27. Trustees of charities to purchase
building sites from owners under disability; certain sections of the
Lands Clauses Consolidation Act incorporated-S. 28. Applications
in chambers in case of charities with income over 301.-S. 29. Where
charities are within the jurisdiction of the Court of Chancery of the
county palatine of Lancaster-S. 30. Applications in chambers in
case of charities in London with income not over 307.-S. 31. Rules
for such applications in chambers - Ss. 32-36. Applications in
County Courts when income does not exceed 307.-S. 37. Board, if

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