Judge may, under special cir cumstances, sel aside judgment. Rule, 192, ante. Judge may order bill to be deposited with officer of court in certain cases. Remedy for the recovery of expenses of noting non-acceptance of dishonoured bill. Holder of bill of exchange may issue one summons against all or any of the parties to the bill. Common law procedure act and rules incorporated with this act. Act to apply to courts of common pleas, Lancaster and Durham, Her Majesty may direct act to apply to courts of record in England and Wales. See order in council, next page. Extent of act. Short title. III. After judgment, the court or a judge may, under special circumstances, set aside the judgment, and, if necessary, stay or set aside execution, and may give leave to appear to the writ, and to defend the action, if it shall appear to be reasonable to the court or judge so to do, and on such terms as to the court or judge may seem just. IV. In any proceedings under this act it shall be competent to the court or a judge to order the bill or note sought to be proceeded upon to be forthwith deposited with an officer of the court, and further to order that all proceedings shall be stayed until the plaintiff shall have given security for the costs thereof. V. The holder of every dishonoured bill of exchange or promissory note shall have the same remedies for the recovery of the expenses incurred in noting the same for non-acceptance or non-payment, or otherwise, by reason of such dishonour, as he has under this act for the recovery of the amount of such bill or note. VI. The holder of any bill of exchange or promissory note may, if he think fit, issue one writ of summons, according to this act, against all or any number of the parties to such bill or note, and such writ of summons shall be the commencement of an action or actions against the parties therein named respectively, and all subsequent proceedings against such respective parties shall be in like manner, so far as may be, as if separate writs of summons had been issued. VII. The provisions of the Common Law Procedure Act, 1852, and the Common Law Procedure Act, 1854, and all rules made under or by virtue of either of the said acts, shall, so far as the same are or may be made applicable, extend and apply to all proceedings to be had or taken under this act. VIII. The provisions of this act shall apply, as near as may be, to the court of common pleas at Lancaster and the court of pleas at Durham, and the judges of such courts, being judges of one of the superior courts of common law at Westminster, shall have power to frame all rules and process necessary thereto. IX. It shall be lawful for her Majesty from time to time, by an order in council, to direct that all or any part of the provisions of this act shall apply to all or any court or courts of record in England and Wales, and within one month after such order shall have been made and published in the London Gazette such provisions shall extend and apply in manner directed by such order, and any such order may be, in like manner, from time to time altered and annulled; and in and by any such order her Majesty may direct by whom any powers or duties incident to the provisions applied under this act shall and may be exercised with respect to matters in such court or courts, and may make any orders or regulations which may be deemed requisite for carrying into operation in such court or courts the provisions so applied. X. Nothing in this act shall extend to Ireland or Scotland. XI. In citing this act in any instrument, document or proceeding it shall be sufficient to use the expression, "The Summary Procedure on Bills of Exchange Act, 1855." ORDER IN COUNCIL Published in the London Gazette of Friday, February 1, 1856. At the Court at Buckingham Palace, the 30th day of January, 1856. Present:-The Queen's most excellent Majesty in Council. county courts. See Order following, excluding the operation of the Act where amount claimed WHEREAS by "The Summary Procedure on Bills of Exchange Act, Order in council 1865," it is enacted that it shall be lawful for her Majesty, from time to extending protime, by an order in council, to direct that all or any part of the provisions visions to the of the said act shall apply to all or any court or courts of record in England and Wales, and that within one month after such order shall have been made and published in the London Gazette, such provisions shall extend and apply in manner directed by such order, and that any such order may be, in like manner, from time to time altered and annulled; and that in and by such order her Majesty may direct by whom any powers or duties incident to the provisions applied under the said act shall and may be exercised with respect to matters in such court or courts, and may make any orders or regulations which may be deemed requisite for carrying into operation in such court or courts the provisions so applied: And whereas it has seemed fit to her Majesty, by and with the advice of her privy council, that all the provisions of the said act should be extended and applied to all the courts of record established under the provisions of an act passed in the session holden in the ninth and tenth years of her present Majesty, chapter ninety-five: Now, therefore, her Majesty, by and with the advice aforesaid, is pleased to order, and it is hereby ordered, that all the provisions of "The Summary Procedure on Bills of Exchange Act, 1855," shall apply to the said courts of record established under the provisions of the act passed in the session holden in the ninth and tenth years of her present Majesty, chapter ninetyfive, in respect of actions upon bills of exchange and promissory notes, where the plaintiff claims a sum not exceeding fifty pounds. And her Majesty is further pleased, by and with the advice aforesaid, to direct that the powers and duties incident to the provisions of the said Summary Procedure on Bills of Exchange Act, 1855," with respect to matters in the said courts of record, shall and may be exercised by the judges of the said courts respectively, or their respective deputies, for the time being, or in their absence by the respective clerks of the said courts for the time being; and that the enactments, secretary of state's orders, practice, and forms, in force and used in the said courts of record, shall be adopted with reference to proceedings had under the said last-recited acts, so far as the same are applicable, mutatis mutandis. WM. L. BATHURST. is less than 101. At the Court at Osborne House, Isle of Wight, the 27th day of July, 1863. WHEREAS by "The Summary Procedure on Bills of Exchange Act, 1855," it is enacted that it shall be lawful for her Majesty, from time to time, by an order in council, to direct that all or any part of the provisions of the said act shall apply to all or any court or courts of record in England and Wales, and that within one month after such order shall have been made and published in the London Gazette, such provisions shall extend and apply in manner directed by such order, and that any such order may be, in like manner, from time to time altered and annulled; and that in and by such order her Majesty may direct by whom any powers or duties incident to the provisions applied under the said act, shall and may be exercised with respect to matters in such court or courts, and may make any orders or regulations which may be deemed requisite for carrying into operation in such court or courts the provisions so applied: And whereas, on the thirtieth day of January, one thousand eight hundred and fifty-six, an order was made by her Majesty, by and with the advice of her privy council, ordering that all the provisions of "The Summary Procedure on Bills of Exchange Act, 1855," should apply to the courts of record established under the provisions of the act passed in the session holden in the ninth and tenth years of her present Majesty, chapter ninety-five, in respect of actions upon bills of exchange and promissory notes, where the plaintiff claims a sum not exceeding fifty pounds; and directing that the powers and duties incident to the provisions of the said "Summary Procedure on Bills of Exchange Act, 1855," with respect to matters in the said courts of record, should and might be exercised by the judges of the said courts respectively, or their respective deputies for the time being, or, in their absence, by the respective clerks of the said courts for the time being; and that the enactments, secretary of state's orders, practice, and forms, in force, and used in the said courts of record, should be adopted with reference to proceedings had under the said last-recited act, so far as the same were applicable, mutatis mutandis : And whereas it hath been represented that it is desirable that the provisions of "The Summary Procedure on Bills of Exchange Act, 1855," should not apply in respect of actions brought in the county courts upon bills of exchange or promissory notes, where the plaintiff claims a sum less than ten pounds: Her Majesty, having taken the premises into consideration, is thereupon pleased, by and with the advice of her privy council, to order, and it is hereby ordered, that the said order of the thirtieth day of January, one thousand eight hundred and fifty-six, shall be altered, and that the provisions of The Summary Procedure on Bills of Exchange Act, 1855," shall not apply to the courts of record established under the provisions of the act passed in the session holden in the ninth and tenth years of her present Majesty, chapter ninety-five, in respect of actions upon bills of exchange and promissory notes where the plaintiff claims a sum less than ten pounds. CHARITABLE TRUSTS, 1853. 16 & 17 VICT. CAP. 137. An Act for the better Administration of Charitable Trusts. [20th August, 1853.] CHARITABLE TRUSTS ACT, 1853. I. Her Majesty empowered to appoint charity commissioners, secretary and See 18 & 19 Vict. inspectors. II. Qualification of commissioners. III. Officers of the board. IV. Salaries. V. No paid commissioner, secretary or inspector to sit in House of Commons. VI. The said commissioners to be appointed under this act shall be styled "The Charity Commissioners for England and Wales," and may have and use a seal for authenticating documents, and such commissioners shall sit from time to time as a board for carrying this act into execution; and any two of such commissioners may form a board, and may exercise all or any of the powers conferred on the commissioners or the board by this act. VII. The said board shall, by general minutes, from time to time prescribe regulations for their proceedings and the proceedings of their inspectors, and concerning the form and manner of applications to the said board, and the conditions to be performed by applicants, and for the guidance of applicants in relation thereto, and all such general minutes shall be signed by three of the said commissioners at the least; and copies of all such general minutes shall be laid before both houses of parliament within fourteen days after the making thereof if parliament be sitting, or if parliament be not sitting, then within fourteen days after the next meeting thereof. VIII. Minutes of proceedings and orders, &c., to be entered, and copies of entries signed, by the secretary to be received in evidence. IX. It shall be lawful for the said board from time to time, as they in their discretion may see fit, to examine and inquire into all or any charities in England and Wales, and the nature and objects, administration, management, and results thereof, and the value, condition, management and application of the estates, funds, property and income belonging thereto; and the said board may cause examinations and inquiries in relation to the matters aforesaid to be made and prosecuted by their inspectors, acting together or separately, in such cases and at such times as the said board may think fit; and all such inspectors shall from time to time report their proceedings to the said board. X. Power to require accounts and statements. P.N. SS c. 124, ss. 2 and 3. For the Rules under this act, see end of act. Style of commissioners, who may sit as a board. Board to frame general minutes. Board to inquire into condition and charities. management of Persons giving false evidence guilty of a misdemeanor. Notice of legal proceedings as to any charity by any person, ex cept the attorney general, to be given to the board. Rule 2, post. Courts not to entertain proceedings as to charities, except upon certificate of the board. Saving for the attorney-general acting ex officio. Rule 3, post. Board may, upon the report of an inspector, autho XI. Officers having custody of records to furnish copies and extracts, if required by board. XII. Inspector may examine witnesses on oath. XIII. If any person wilfully give false evidence upon any examination under this act, every person so offending shall be deemed guilty of a misdemeanor. XIV. Person refusing to render accounts, &c., to be deemed guilty of a contempt of court. XV. Saving for persons claiming adversely to charities. XVI. Board to entertain applications for their opinion or advice. Persons acting on advice of board to be indemnified. XVII. Before any suit, petition, or other proceeding (not being an application in any suit or matter actually pending) for obtaining any relief, order, or direction concerning or relating to any charity, or the estate, funds, property, or income thereof, shall be commenced, presented, or taken, by any person whomsoever, there shall be transmitted by such person to the said board notice in writing of such proposed suit, petition, or proceeding, and such statement, information, and particulars as may be requisite or proper, or may be required from time to time by the said board, for explaining the nature and objects thereof; and the said board, if upon consideration of the circumstances they so think fit, may by an order or certificate signed by their secretary, authorize or direct any suit, petition, or other proceeding to be commenced, presented, or taken with respect to such charity, either for the objects and in the manner specified or mentioned in such notice, or for such other objects, and in such manner and form, and subject to such stipulations or provisions for securing the charity against liability to any costs or expenses, and to such other stipulations or provisions for the protection or benefit of the charity as the said board may think proper; and such board, if it seem proper to them, may by such order or certificate as aforesaid require and direct that any proceeding so authorized by them in respect of any charity shall be delayed during such period as shall seem proper to and shall be directed by such board; and every such order or certificate may be in such form, and may contain such statements and particulars as such board shall think fit: and (save as herein otherwise provided) no suit, petition, or other proceeding for obtaining any such relief, order, or direction as last aforesaid, shall be entertained or proceeded with by the court of chancery, or by any court or judge, except upon and in conformity with an order or certificate of the said board: provided always, that this enactment shall not extend to or affect any such petition or proceeding in which any person shall claim any property or seek any relief adversely to any charity. XVIII. Provided always, that it shall be lawful for her Majesty's attorney-general acting ex officio to make such applications, and take and prosecute such proceedings with respect to any charity, in the court of chancery or otherwise, as to him may seem fit, as if this act had not been passed; and that nothing in this act contained shall be construed as dispensing with the fiat or allowance of her Majesty's attorney-general with respect to any proceeding not being an application under the jurisdiction created by this act where such fiat or allowance was necessary before the passing of this act. XIX. Provided also, that where upon any report of any inspector under this act or otherwise it appears to the said board that any suit, petition, or |