Lord Chancellor to make orders for regulating proceedings before district and county courts. See Rules, post. Judge may order to transfer same Secretary to keep separate accounts of funds of each charity. purpose should, for the purpose of jurisdiction and proceedings under this act, be considered and treated as forming part of the general endowment of the charity, or as a separate or independent charity, and such board shall frame their certificate or order accordingly. XLV. The lord chancellor shall make such orders for regulating proceedings by and before the judges of district courts of bankruptcy and county courts under this act, and for fixing and determining the fees to be taken in respect of such proceedings, as he may see fit; and, subject to such orders, such judges may regulate the proceedings before them respectively so as to render them as summary and inexpensive as conveniently may be. XLVI. Reservation of rights and privileges of Church of England with respect to charities. XLVII. Secretary to be treasurer of charities; such treasurer to be a corporation. XLVIII. Land holden upon trust for a charity, subject to jurisdiction of court of chancery and of judge, may be vested in treasurer. Proviso. XLIX. Orders may be made revesting land, &c., in the trustees of the charity. L. Treasurer to be a bare trustee. LI. The secretary for the time being of the said board, and such other public officer or officers as the lord chancellor shall appoint, shall be official trustees of charitable funds, and where trustees or other persons having in their names, or in the name of any deceased person of whom they are representatives, in the books of the Bank of England, or of the East India er South Sea Company, or of any other public company, any annuities, stock, or shares, or holding any government or parliamentary or other securities in trust for any charity, shall be desirous to transfer or deposit the same to or with the said official trustees in trust for such charity, or where any persons shall be desirous of transferring or depositing as aforesaid any annuities, stocks, shares, or securities for discharging any legacy or charge given or made to or for the benefit of any charity, or where it shall appear to the court of chancery, or to any judge of such court, or of any district court of bankruptcy, or county court having jurisdiction under this act, that any annuities, stock, shares or securities held in trust for any charity ought, for the purpose of security or convenient administration, to be transferred or deposited as aforesaid, it shall be lawful for such court or judge to order the transfer or deposit of such annuities, stock, shares or securities to or with such official trustees. LII. The secretary of the said board shall keep separate accounts of the annuities, stock, shares and securities belonging to each separate charity, and the said official trustees shall pay the dividends or interest or income thereof to the trustees or persons acting in the administration of such charity, or otherwise dispose thereof, and transfer such annuities, stock, shares or securities (when occasion shall require), as the court of chancery, or any judge of such court, or of any district court of bankruptcy, or county court having jurisdiction under this act, or other lawful authority, shall direct. LIII. Trustees may deposit deeds, &c., for security in a repository provided by the board. LIV. Power to board to frame schemes for the appropriation of charitable property to varied trusts. LV. Notice to be given before approval of schemes, and objections may be submitted for the consideration of the board. LVI. Board may alter or modify or approve of schemes. LVII. The matter of schemes may be referred to an inspector for local inquiry. LVIII. Inspectors to report the result of inquiry to the board. of board. LIX. Every scheme to be approved by the said board shall be certified Schemes when by them, and for that purpose shall be embodied in a certificate to be made approved to be by the said board, and sealed with their seal; and in every case a copy certified by the such certificate shall be deposited in some convenient place within the Copy of such parish or one of the parishes or the district in which the charity in ques- certificate to be tion shall wholly or partially be situated or administered, and at the office deposited in the in London of the registrar of county courts judgments, and a notice shall parish or district, and notice given. also be given, in such manner as the board shall direct, which notice shall refer to the certificate so deposited, and shall state the intention of the board to proceed with the scheme thereby certified. LX. Annual report to be laid before parliament, which shall set forth all the schemes approved. LXI. Accounts of trustees of charities to be delivered to the clerks of county courts, clerks of the peace, and to the board. Rep. by s. 44 of 18 & 19 Vict. c. 124. act. LXII. This act shall not extend to the universities of Oxford, Cam- Exemptions from bridge, London, or Durham, or any college or hall in the said universi- the operation of ties of Oxford, Cambridge, and Durham, or to any cathedral or collegiate church, or to any building registered as a place of meeting for religious worship with the registrar-general of births, deaths, or marriages in England and Wales, and bona fide used as a place of meeting for religious worship; nor shall this act, for the period of two years from the passing thereof, extend or be in any manner applied to charities or institutions, the funds or income of which are applicable exclusively for the benefit of persons of the Roman Catholic persuasion, and which are under the superintendence or control of persons of that persuasion; nor shall thisact extend or be applied to the commissioners of Queen Anne's bounty, or to the British Museum, or to any friendly or benefit society, or savings bank, or any institution, establishment, or society, for religious or other charitable purposes, or to the auxiliary or branch associations connected therewith, wholly maintained by voluntary contributions, or any bookselling or publishing business carried on by or under the direction of any society wholly or partially exempted from this act, so far as such business is or shall be carried on by means of voluntary contributions only, or the capital or stock of such business; and where any charity is maintained partly by voluntary Provisions as to subscriptions and partly by income arising from any endowment, the powers charities supand provisions of the act shall, with respect to such charity, extend and ported partly by apply to the income from endowment only, to the exclusion of voluntary scriptions. voluntary subsubscriptions, and the application thereof; and no donation or bequest unto or in trust for any such charity as last aforesaid, of which no special application or appropriation shall be directed or declared by the donor or testator, and which may legally be applied by the governing or managing body of such charity as income in aid of the voluntary subscriptions, shall Interpretation of terms. be subject to the jurisdiction or control of the said board, or the powers or provisions of this act; and no portion of any such donation or bequest as last aforesaid, or of any voluntary subscription, which is now or shall or may from time to time be set apart or appropriated and invested by the governing or managing body of the charity, for the purpose of being held and applied or expended for or to some defined and specific object or purpose connected with such charity, in pursuance of any rule or resolution made or adopted by the governing or managing body of such charity, or of any donation or bequest in aid of any fund so set apart or appropriated for any such object or purpose as aforesaid, shall be subject to the jurisdiction or control of the said board or the powers or provisions of this act; and nothing in this act shall subject the funds or property of any missionary or other similar society, or the missionaries, teachers, or officers of such society, or of any branch thereof, which funds or property shall not be within the limits of England or Wales, to the jurisdiction of the said board: provided always, that the said exemption shall not extend to any cathedral, colle giate, chapter, or other schools. LXIII. Exempted charities may petition commissioners to have benefit of act. LXIV. Disputes among members of exempted charities may be referred to arbitration of commissioners. LXV. Legal estate of lands now vested in municipal corporations on charitable trusts to be vested in trustees. 5 & 6 Will. c. 76. LXVI. In the construction of this act, except where the context or other provisions of the act may require a different construction, the expression "court of chancery" shall mean and include the master of the rolls and every judge of the court of chancery in England; the expression "lord chancellor" shall mean and include the lord chancellor of Great Britain and the lord keeper and commissioners of the great seal of Great Britain for the time being; the expressions "district court of bankruptcy" and "district court" shall mean and include every district court of bankruptcy established or to be established under the act of the fifth and sixth years of the reign of her present Majesty, chapter twenty-two, or under any other act or acts passed or to be passed for the alteration or amendment or the extension of the same act, or for the establishment of any district court or courts of bankruptcy in England or Wales, and every commissioner or judge of every such district court; the expression "county court'' shall mean and include every county court holden or established or to be holden or established under the act of the ninth and tenth years of her Majesty, chapter ninety-five, or any act or acts passed or to be passed for the alteration or extension of the same act, and every judge of any such court; the expression "charity" shall mean every endowed foundation and institution taking or to take effect in England or Wales, and coming within the meaning, purview, or interpretation of the statute of the forty-third year of Queen Elizabeth, chapter four, or as to which, or the administration of the revenues or property whereof, the court of chancery has or may exercise jurisdiction; the expression "trustee" of any charity shall mean and include every person and corporation seised or possessed of or entitled to any real or personal estate, or any interest therein, in trust for or for the benefit of such charity, or all or any of the objects or purposes thereof, and every member of any such corporation; and the expression "the board" shall mean the said charity commissioners sitting as a board under this act; and the expression "endowment" shall mean and include all lands and real estate whatsoever, of any tenure, and any charge thereon, or interest therein, and all stocks, funds, monies, securities, investments, and personal estate whatsoever, which shall for the time being belong to or be held in trust for any charity, or for all or any of the objects or purposes thereof; and the expression "land" shall extend to and include manors, messuages, buildings, tenements and hereditaments, corporeal and incorporeal, of every tenure and description. LXVII. This act shall not extend to Scotland or Ireland. LXVIII. This act may be cited as 1853." Extent of act. "The Charitable Trusts Act, Short title. CHARITABLE TRUSTS ORDERS, 1853. CHARITABLE TRUSTS ORDERS, 1853. Record. Proceedings by private persons. S. 17, ante. Proceedings by attorney-general. S. 18, ante. Summons. S. 32, ante. ORDERS for regulating Proceedings by and before the Judges of County Courts under "The Charitable Trusts Act, 1853," and for fixing and determining the Fees to be taken in respect of such Proceedings, made by the Right Honourable Robert Monsey Baron Cranworth, Lord High Chancellor of Great Britain. WHEREAS, in pursuance of "The Charitable Trusts Act, 1853," certain orders were, on the 8th day of December, 1853, made by me, for regulating proceedings by and before the judges of the county courts, and for fixing and determining the fees to be taken in respect of such proceedings, and such orders were limited to be in force until further orders should be made for regulating such proceedings as aforesaid: Now, seeing fit to make such further orders, I hereby revoke the said orders of the 8th day of December, 1853: and, in pursuance of "The Charitable Trusts Act, 1853," I hereby direct that the orders hereinafter mentioned shall be used in the county courts for regulating proceedings by and before the judges of the county courts, and for fixing and determining the fees to be taken in respect of such proceedings until further orders shall be made by me for the same purpose, under "The Charitable Trusts Act, 1853." March 6th, 1854. CRANWORTH, C. I. The clerk of every county court shall keep a book, to be called "The Charitable Trusts Book," in which all proceedings taken in that court in matters of charitable trusts shall be recorded in the form in the schedule hereunto annexed. II. When any person has obtained the required order or certificate from the charity commissioners, and he is desirous of taking proceedings in the county court, he shall produce such order or certificate to the clerk, who shall retain and file the same in numerical order in his office, and the party producing such order or certificate shall be deemed the plaintiff in such proceedings; and the person served with a summons under Order IV. shall be deemed the defendant. III. When the attorney-general shall propose to take proceedings in the county court, he shall cause to be delivered or transmitted to the clerk a written statement showing the nature and object of the proposed proceedings, and the clerk shall retain and file such statement in numerical order in his office, and the attorney-general shall in such proceedings be deemed the plaintiff; and the person served with a summons under Örder IV. shall be deemed the defendant. IV. Upon the production of any order, certificate or statement hereinbefore mentioned, the clerk shall at the instance of the plaintiff prepare a summons thereon in the form set forth in the schedule hereunto annexed, in |