of the corporation before the passing of the Municipal Corporations Act, 1835.

The provisions of this section are subject to the conditions specified in sec. 132.

In Holdsworth v. Mayor, &c. of Dartmouth, (11 A. & E. 490; 4 Jur. 605,) where a bond was given in 1833, by a corporation to one of the aldermen of the borough, in respect of costs which he had incurred without the authority of the corporation in defending quo warranto informations against him and other members, the object of the informations being to impeach the title of the corporation as a body, it was held, that the old corporation, and the new corporation, under the 4 & 5 Wm. 4, c. 76, were liable on the bond, and that the liability was a "lawful debt," within the corresponding section of the Act of 1835.

In Pallister v. Mayor, &c. of Gravesend, and Arnold. v. Mayor &c. of Gravesend, (9 C. B. 774; 2 Kay & J. 574; 2 Jur., N.S. 703; 25 L. J., Ch. 776); it was held that a bond given by a corporation after the passing of the 5 & 6 Wm. 4, c. 76, but before the passing of the 6 & 7 Wm. 4, c. 104, to secure a sum of money borrowed for the purpose of paying debts contracted by the corporation before the passing of the first-mentioned Act, was valid, and that a judgment upon a bond given by a corporation before the 5 & 6 Wm. 4, c. 76, operated as a charge upon all lands and hereditaments of the corporation, whether acquired before or after the passing of the 5 & 6 Wm. 4, c. 76.

Saving against New Liability to Debts contracted before 5 & 6 Will. 4, c. 76.

132. Nothing in this Act shall make liable to the payment of any debt contracted by any body corporate of a borough before the passing of the Municipal Corporations Act, 1835, any part of the real or personal estate of that body corporate which before the passing of that Act was not liable thereto or authorize the levy of any rate within any part of any borough for the purpose of paying any debt contracted before the passing of that Act, which before the passing of that Act could not lawfully be levied therein towards payment of the same.

PART VI.

CHARITABLE AND OTHER TRUSTS AND POWERS.

CHARITABLE TRUSTS.

Administration of Charitable Trusts and Vesting of Legal Estate.

133.-(1.) Where at the passing of the Municipal Corporations Act, 1835, the body corporate of a borough, or

any one or more of the members thereof, in his or their corporate capacity, stood solely, or together with any person or persons elected solely by that body corporate, or solely by any particular number, class, or description of members thereof, seised or possessed, for any estate or interest, of land, in whole or in part in trust or for the benefit of any charitable uses or trusts, and the legal estate in that land was, at the passing of the Municipal Corporations Act, 1835, vested in the body corporate or person or persons so seised or possessed thereof, and was by the Charitable Trusts Act, 1853, vested in the trustees appointed by the Lord Chancellor under the Municipal Corporations Act, 1835, or such of them as should be surviving and continuing trustees under that appointment, according to the respective estates and interests therein, and subject to such and the same charges and incumbrances, and on such and the same trusts, as the same were subject to before such vesting, then, in every case, on the death, resignation, or removal of any trustee, and on any appointment of a new trustee, the legal estate in that land and in all other lands subject to any such charitable uses or trusts for the time being vested in the trustees or any of them, or in any persons, or the heirs or devisees of any person deceased, resigned, or removed, shall vest in the persons who after such death, resignation, or removal, and such appoinment of a new trustee, continue or are the trustees for the time being, without any conveyance or assurance.

(2.) Nothing in this section shall take away, abridge, or prejudicially affect any power, authority, or jurisdiction of the Charity Commissioners for England and Wales.

The provision referred to in the Charitable Trusts Act (16 & 17 Vict., c. 137, sec. 65) is as follows: "The legal estate in all lands which at the time of the passing of the Act of the session holden in the 5th and 6th years of King William IV., c. 76, was vested in the body corporate of any borough which became subject to the provisions of the said Act, or in any one or more of the members of such body corporate, in his or their corporate capacity, solely or together with any person or persons elected solely by such body corporate, or solely by any particular number, class, or description of members of such body corporate, in whole or in part in trust or for the benefit of any charitable uses or trusts whatsoever, and which legal estate shall not have been since duly conveyed or assured to and vested in the trustees appointed by the Lord High Chancellor under the provisions of the said Act, or such of them as shall be surviving and continu ing trustees, or otherwise lawfully conveyed, aliened, or disposed of by such body corporate or member or members thereof, shall from and immediately after the passing of this Act, and without any actual conveyance, assignment, or other assurance thereof, be vested in the trustees so appointed, or such of them as shall be surviving and continuing trustees under such appointment as

aforesaid, according to the respective estates and interests therein, and subject to such and the same charges and incumbrances and upon such and the same trasts as the same were respectively subject to previously to such vesting; and in every case, upon the death, resignation, or removal of any of the trustees, and upon any appointment of any new trustee or trustees respectively, the legal estate in the same lands, and in all other lands subject to any such charitable uses or trusts which may for the time being be vested in the trustees, or any of them, or in any persons, or the heirs or devisees of any person who may have died, resigned, or been removed, shall vest in the persons who after such death, resignation, or removal, and such appointment of such new trustee or trustees respectively, shall continue or be the trustees for the time being, without any conveyance or assurance whatsoever."

Where a corporation held trust estates for charitable uses, the surplus of the proceeds of which was to be applied for the benefit of the borough, and the town council presented a petition to the Lord Chancellor for leave to attend before the Master and propose a list of persons, being members of the corporation, as trustees for the estates, it was held that an order for payment out of the borough fund of the cost of those proceedings was illegal, the management of the trust estates being taken away from the corporation by 5 & 6 Will. 4, c. 76, s. 71. R. v. Mayor, &c., of Warwick, 10 Jur. 962; 15 L. J., Q. B. 306.

As to the powers of the Charity Commissioners, see 16 & 17 Vict., c. 137; 18 & 19 Vict., c. 124; 21 & 22 Vict., c. 94; 23 & 24 Vict., c. 136; 25 & 26 Vict., c. 112; 32 & 33 Vict., c. 110; and 37 & 38 Vict., c. 87.

SPECIAL TRUSTS AND POWERS.

Corporation to be Trustee where Corporators Trustees.

134. The municipal corporation of a borough shall be trustees for executing by the council the powers and provisions of all Acts of Parliament made before the passing of the Municipal Corporations Act, 1835 (other than Acts made for securing charitable uses and trusts), and of all trusts (other than charitable uses and trusts) of which the body corporate of the borough, or any of the members thereof in their corporate capacity, was or were sole trustees before the first election of councillors in the borough under the Municipal Corporations Act, 1835.

In R. v. Mayor, &c., of Poole, 7 A. & E. 738; 3 N. & P. 125; Lord Denman, C. J., observed, with reference to the corresponding provision in sec. 72 of the Municipal Corporations Act, 1835: "By the 72nd section of the statute, the new body corporate are made trustees for executing by the council of the borough the powers and provisions of the Acts of Parliament relating to the borough made before the passing of the Act, other than any Act made for securing charitable uses and trusts. Under this section the council became substituted in the local Act for the mayor, bailiffs, and burgesses; they have the same powers and no greater; they must administer the local Act, but they are bound by it."

In Staniland v. Hopkins, 9 M. & W. 178, it was held that the section referred to (72nd) should be construed as follows: "The body corporate of each borough shall be trustees and commissioners for executing, or shall be charged with the duty of executing, by the council of such borough, the powers and

provisions of all Acts of Parliament now made, and of all trusts, of which powers, provisions, or trusts, the body corporate, or any of the members thereof in their corporate capacity, was or were sole commissioners or trustees respectively, or were solely charged with the duty of executing them, before the time of the first election of councillors in such borough."

Appointment of Members of Council to be Trustees in cases of Joint Trusts and other Cases.

135.-(1.) In every borough in which the body corporate, or a particular or limited number, class, or description of members thereof, or of persons appointed by the body corporate, was or were before the passing of the Municipal Corporations Act, 1835, trustees jointly with other trustees for the execution of any Act of Parliament, or of any trust, or in which the body corporate, or any particular or limited number, class, or description of members or nominees thereof, by any statute, charter, byelaw, or custom, before the passing of the Municipal Corporations Act, 1835, was or were, lawfully appointed to or exercised any powers, duties, or functions, not otherwise in the Municipal Corporations Act, 1835, or this Act, provided for, and the continuance of which is not inconsistent with the provisions of the Municipal Corporations Act, 1835, or this Act, the council, on the day prescribed in any Act of Parliament as aforesaid, or in the deed or will by which the trust is created, for a new election, nomination, or appointment of trustees, or on which a new election, nomination, or appointment has usually been made (and if there is no day prescribed or usually observed, then on or within ten days after the first of January in every year), shall appoint the like number of members of the council, or as near as may be to the like number of members of the council, as there were theretofore members or nominees of the body corporate of the borough who in right of their office were such trustees, or charged with the execution of such powers, duties, and functions, in room of the members or nominees of the body corporate ceasing to be trustees, or ceasing to exercise such powers, duties, and functions by virtue of the Municipal Corporations Act, 1835.

(2.) In every case of extraordinary vacancy among the trustees or persons so appointed, the council shall forthwith appoint one other member of the council in the room of the person by whom the vacancy has been made, to hold

his trust or office for such time as that person would regularly have held it.

The section in the Municipal Corporations Act, 1835 (sec. 73) on which this clause is based, it was said in Staniland v. Hopkins, 9 M & W. 178, did not apply to any case provided for by sec. 72 of that Act, which was similar in its terms to sec. 134 of this Act.

LOCAL ACTS.

Transfer of powers of Local Authorities to Municipal Corporations.

136.-(1.) The trustees appointed. or acting by or under any local Act of Parliament for the time being in force, for paving, lighting, supplying with water or gas, cleansing, watching, regulating, or improving, a borough, or any part thereof, or for providing or maintaining a cemetery or market in or for a borough, or any part thereof, whether in any such case their powers under the local Act do or do not extend beyond the borough, may, if they think fit, at a meeting called for this purpose, transfer to the municipal corporation of the borough, with the consent of the council but not otherwise, all the rights, powers, estates, property, and liabilities for the time being vested in or imposed on the trustees under the local Act.

(2.) The transfer shall be made in writing under the common seal of the trustees if they are a corporation, and if not, then by deed executed by the trustees, or by any two of them acting by their authority and on their behalf.

(3.) On the transfer being made, the municipal corporation shall become and be the trustees for executing by the council the powers and provisions of the local Act; and all the rights, powers, estates, and property vested in the transferring trustees shall vest in the corporation; and all the liabilities and obligations of the transferring trustees shall be transferred to and borne by the corporation, and the transferring trustees shall be discharged therefrom.

When the powers of trustees under a local Act are under this section transferred to a municipal corporation, the town council, in carrying out the provisions of the local Act, are to follow the mode prescribed by the Municipal Corporations Act for their proceedings as a town council. The powers transferred to the town council are distinct from the mode of carrying them out; what was formerly done by the trustees under the local Act is to be done by the town council of the borough, but the mode of doing it is to be the mode prescribed generally by the Municipal Corporations Act for proceedings by the town council. A local Act required that all orders and proceedings of the