Jurisdiction. UNDER the 16 & 17 Vict. c. 137 ("The Charitable Trusts Act, 1853") (a), the Queen appointed four commissioners, a secretary, and two inspectors (b), as "Charity Commissioners for England and Wales," two of whom may form a Board to act (c). This Board has power to examine and inquire into all or any charities in England or Wales, and their nature and objects, administration, manage ment, and results, also the value, condition, management, and application of the estates, funds, property, and income belonging to them, and to cause examinations and inquiries in relation to these matters to be made and prosecuted by their inspectors. Jurisdiction.]-Where any charity of which the gross annual income does not exceed 501. is established wholly or partially for objects or purposes within the district of a county court; and the appointment or removal of a trustee, or any other relief, order, or direction, concerning the charity, is considered desirable, and such appointment or removal, or other relief, order, or direction, might now be made or given by the Court of Chancery in respect either of its ordinary or its special or statutory jurisdiction, or by the Lord Chancellor intrusted with the care and commitment of the custody of lunatics, any person authorized (a) See this act, App. p. 625. (b) 16 & 17 Vict. c. 137, s. 1. (c) Ib. s. 6. by the order or certificate of the Charity Board, or the CHAP. XXV. attorney-general, may make application to the county court for such order, direction, or relief as the nature of the case may require; and the county court may entertain the application, and hear the matter in open court, and give such relief, and make such orders and directions in relation to the matter of the application, as might, before the passing of the 16 & 17 Vict. c. 137, be made or given by the Court of Chancery or Lord Chancellor, in a suit regularly instituted, or upon petition, as the case may require (d). The county court may not, however, vary or make any order inconsistent or conflicting with a decree, order, or direction of the Court of Chancery, or any judge thereof (e). The power of making vesting orders under the Trustee Acts, conferred upon the county courts by 28 & 29 Vict. c. 99, s. 1, also applies to charitable trusts (f). Where two or more county courts have concurrent jurisdiction with respect to the same charity, no application may be made to more than one court at the same time (g). In these cases the Charity Board may order to which court application is to be made, and such order will be conclusive as to the jurisdiction of the county court (g). For the purposes of determining the jurisdiction with respect to a charity, the Board may declare, according to such judgment as they may be able to form upon the returns or statements before them in relation to the charity, whether its gross annual income for the time being does or does not exceed 50l., and a statement in any certificate or order of the Board that, according to their judgment, the gross yearly income of a charity does or does not exceed 50l., is sufficient evidence of the amount for the purpose of determining the question of jurisdiction (h). Prior to 1st January, 1868, a deputy judge of a county court could not exercise jurisdiction under the Charitable Trusts Acts, but now by sect. 20 of 30 & 31 Vict. c. 142, (d) 16 & 17 Vict. c. 137, s. 32, as amended by 23 & 24 Vict. c. 136, s. 11. (e) 16 & 17 Vict. c. 137. See, however, s. 35, which empowers the board, if they think fit, to direct that even where the income of a charity is under 30%. the application shall (f) 13 & 14 Vict. c. 60, s. 45. PART I. Rules of practice. By whom be made. the deputy has all the powers and privileges and can perform all the duties of the judge. The county court has no power to determine the title at law or equity to any real or personal property, or any term or interest therein as between any charity, or the trustee of it, and any person holding or claiming it adversely to the charity, nor to determine any question as to the existence or extent of any charge or trust (i). Rules of Practice.]-The lord chancellor may make orders for regulating proceedings in the county courts, and for fixing and determining the fees to be taken. Subject to these orders the judges themselves may regulate the proceedings before them so as to render them as summary and inexpensive as conveniently may be (j). The rules at present in force are dated 6th March, 1854. These provide that the registrar of every county court must keep a book called "The Charitable Trusts Book," in which the proceedings are to be recorded (k). A schedule of forms is appended to the rules, but these may be varied according to the circumstances of each case (l), and generally the practice and forms of the county courts are to be adopted so far as they are applicable, mutatis mutandis (m). By whom Application to be made.]—An application to application to the county court may be made by the attorney-general, or by all, or any one or more of the trustees or persons administering or claiming to administer, or interested in, the charity which is the subject of the application, or any two or more inhabitants of any parish or place within which the charity is administered or applicable (n). Notice of cation. Notice of intended Application.]-Before any applicaintended appli- tion can be made to a county court, notice in writing must be given in the form and manner which the Board may direct; and if the order be that the notice be affixed to or near the door of any parish or district church, the incumbent and churchwardens are required to allow it to be affixed and to remain during the period of not less than fifteen days, as the Board may have ordered; and in any case in which the order is that the notice shall be (i) 16 & 17 Vict. c. 187, s. 41. (j) Ib. s. 45. (*) Rule 1. App. (1) Rule 20. (m) Rule 21. (n) 16 & 17 Vict. c. 137, s. 43. affixed to any place, evidence that the same has been so CHAP. XXV. affixed is prima facie evidence that it has remained affixed during the period prescribed by the Board (0). Summons and Notices.]-When an order or certificate Summons and from the Charity Commissioners has been obtained, the notices. person who is desirous of taking proceedings in the county court must produce it to the registrar, who retains and files it in numerical order. The party producing the order is deemed the plaintiff, and the person served with the summons the defendant (p). When the attorney-general takes proceedings in the county court, he must deliver or transmit to the registrar a written statement, showing the nature and object of the proposed proceedings to be filed (g). Upon the production of the order, certificate, or statement, the registrar, at the instance of the plaintiff, prepares a summons in the form given in the schedule to the rules, in which is stated the substance of the order, certificate, or statement, and makes as many copies of it as there are parties required by the plaintiff, in writing, to be summoned, and two additional copies, the one to be filed in his office, and the other to be transmitted to the Charity Commissioners (7). The registrar, if required by the plaintiff, prepares also a notice to attend proceedings in the form given in the schedule to be served on any persons indicated by the plaintiff, in writing, besides those summoned, and makes as many copies thereof as there are persons to whom it is to be given, and two additional copies, as of the summons (s). The registrar forthwith transmits by prepaid post letter a copy of the summons to each of the parties required to appear; and a copy of the notice to attend proceedings to each of the persons indicted by the plaintiff, and such transmissions are sufficient service, unless the judge otherwise directs (t). Where the plaintiff does not require any summons or notice to attend proceedings to be issued, the registrar prepares a notice of hearing, and two additional copies thereof, as of the summons, and either delivers it to the plaintiff, (0) 16 & 17 Vict. c. 137, s. 42. (p) Rule 2. (q) Rule 3. Rule 4. See Form, App. (s) Rule 5. See Form, App. (t) Rule 6. PART I Hearing. Enrolment of order. or has it served on him by prepaid post letter, unless the judge otherwise directs (u). The registrar may, in all cases, if required by the plaintiff, summon some persons, and serve others with either, or both, of the notices mentioned above, or serve a notice of hearing on the plaintiff, and a notice to attend proceedings on any other person (v). The judge also may, in all cases, direct what persons, or additional persons, shall be served with a summons or notice to attend proceedings or notice of hearing (w). A copy of the summons, notice to attend proceedings, notice to appear, together with a copy of the order made by the court, must, in all cases, be transmitted by the registrar, forthwith after the hearing, by post or otherwise, as the judge directs, to the office of the commissioners (x). Hearing.]-Any person who has been summoned, or has received notice to attend proceedings, or who is authorized to apply under sect. 43 of "The Charitable Trusts Act, 1853," may appear and be heard to oppose the application authorized by the order or certificate of the commissioners, or the statement of the attorneygeneral, subject to the payment of such costs as the judge directs (y). The order or certificate of the commissioners, or statement of the attorney-general, as to the amount of the annual income, is conclusive on the court, and the other statements contained in the certificate or order of the commissioners, or the statement of the attorney-general, must, unless disputed, be taken as true (≈). Upon the requisition of the Charity Commissioners or attorney-general respectively, a copy of the judge's note of the evidence taken at the hearing, or such part thereof as may be required, must be transmitted under the seal of the court by the judge to him, or them, by post or otherwise (a). Enrolment of Order.]-The registrar of the county court must transmit a copy of every order or direction of (y) Rule 17. (z) Rule 18. (a) Rules 10, 11. (x) Rule 12. |