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 1 
 
 THE LIBRARY 
 
 OF 
 
 THE UNIVERSITY 
 
 OF CALIFORNIA 
 
 LOS ANGELES
 
 CHAEITY COMMISSION. 
 
 THE CHAEITABLE TKIIST8 ACTS, 
 
 1853 TO 1894, 
 
 (ANALYTICALLY ARRANGED).
 
 3 
 
 TABLE OF CONTENTS. 
 
 I.— Provisions as to Short Titles, Oonstniction 
 and Extent of Acts, Interpretation of Terms, &c. 
 
 {a.) SHORT TITLES AND CONSTRUCTION 
 
 {b.) EXTENT OF ACTS - . . . 
 
 (o.) INTERPRETATION OF TERMS ■ 
 
 II.— Exemptions from the Jurisdiction created by 
 the Acts, and Incidental Provisions 
 
 III.— Constitution, Salaries, and Procedure of the 
 Charity Commissioners, and their Officers, &c. ; 
 Scale of Fees for Business ; Annual Report, 
 
 (a.) CONSTITUTION- - - 
 
 (6.) SALARIES ....... 
 
 (c.) PROCEDURE, ^c. . . . . . 
 
 (d.) SCALE OF FEES FOR B USINESS 
 \e') ANNUAL REPORT - . 
 
 IV.~Provisions conferring on the Charity Com- 
 missioners, and their Officers, Powers of Inquiry, 
 and of compelling Production of Accounts and 
 Documents, and imposing on Trustees of Charities 
 the Duty of keeping and rendering Accounts. 
 
 (a.) POWERS OF INQUIRY, ^c. OF CHARITY COM- 
 MISSIONERS AND THEIR OFFICERS 
 
 (b.) DUTY OF TRUSTEES OF CHARITIES IN REGARD 
 TO ACCOUNTS . . . . 
 
 Page 
 
 7 
 
 9 
 
 9 
 
 10 
 
 13 
 14 
 15 
 
 17 
 17 
 
 18 
 
 20 
 
 v.— Provisions conferring on the Charity Com- 
 missioners Powers of Advice, and Arbitration, and 
 of authorizing the Compromise of Claims by or 
 against Charities, the Acquisition of Land, the Appli- 
 cation of Funds, and certain other Acts of Trustees. 
 
 {a.) POWERS OF ADVICE - . - - . 
 
 ARBITRAL POWERS - - . . 
 
 (6.) 
 {0.) 
 
 POWERS OF AUTHORIZING THE COMPROMISE 
 OF CLAIMS BY OR AGAINST CH.l If ITffSS, THE 
 ACQUISITION OF LAND, THE APPLICATION 
 OF FUNDS, AND CERTAIN OTHER ACTS OF 
 TRUSTEES . . , 
 
 23 
 23 
 
 24 
 
 VT, — Provisions conferring on the Charity Com- 
 missioners a control over dealings with the Real 
 Estate of Charities, and facilitating those dealings - 
 
 V 91117. 
 
 200. 
 
 .-9/9.. W,,U2i9.. ,,,^j^ 2 
 
 AUSTRALIA 
 
 2(!
 
 VII.— Provisions as to the Preservatiou of Charity 
 Propo ty by means of- 
 (1.) TEE OFFICIAL TRUSTEE OF CHARITY LANDS, 
 {a.) Comtitution of the Official Trustee - 
 (b.) resting Laud in the Official Trustee 
 {c.) Couditiom of Trusteeship of the Official Trustee 
 
 (2.) THE OFFICIAL TRUSTEES OF CHARITABLE 
 FUXDS. 
 
 (a.) Constitution of the Official Trustees - 
 
 {b.) Statutory Indi'tnnitij to the Official Trustees 
 
 (c.) Provisions authorizing Transfers and Payments to 
 
 the Official Trustees - - - 
 
 (d.) Functions of the Official Trustees, and Provisions 
 
 regulating the 3Iode in which the Business of the 
 
 Official Trustees generally is to be conducted 
 {e.) Exemption from Income Tax of Stock in the Public 
 
 Funds held by the Official Trustees 
 (./'.) Annual Account to be laid b(fore Parliament 
 
 (3.) THE VESTING, OR TRANSFER OF PROPERTY, 
 OTHER WISE THAN BY ORDER OF A COURT 
 OR JUDGE. 
 
 (a.) Charities generally - - . 
 
 (b.) JIunicipal Charities- - . . . 
 
 (4.) TITE DEPOSIT FOR SAFE CUSTODY, AND THE 
 ENROLMENT OF DEEDS, WILLS, OR DOCL- 
 MENTS . . - - . 
 
 (5.) THE EXEMPTION FROM INCOME TAX OF DIVI- 
 DENDS UPON STOCK IN THE PUBLIC FUNDS 
 
 {%.) THE TAXATION OF BILLS OF COSTS 
 
 VIII.— Provisions conferring on the Charity Com- 
 missioners Powers for the Appointment and Removal 
 of Trustees of Charities. 
 
 (a.) AS INCIDENTAL TO ORDERS FOR APPORTION- 
 MENT OF CHARITIES .... 
 
 (6.) GENERALLY . - - . . 
 
 IX.— Provisions conferring on the Charity Com- 
 missioners Powers for, or in Relation to, the removal 
 of School Masters, or other Oflacers, or Recipients of 
 Charities -.-... 
 
 X.— Provisions for the Administration of Charities, 
 and for the Application of the Endowments and 
 Income thereof by means of— 
 
 iu.) SCHEMES ESTABLISHED BY THE ACTION OF 
 PARLIAMENT , , . , 
 
 Page
 
 (b.) SCHEMES ESTABLISHED BY THE CHARITY 
 COMMISSIONERS .... 
 
 (<?.) ORDERS MADE BY THE CHARITY C03IMIS- 
 SIONERS FOB THE APPORTIONMENT OF 
 CHARITIES ...... 
 
 XI. — Amendments of Legal Procedure, and Crea- 
 tion of Summary Jurisdiction over Charities. 
 
 (o.) INSTITUTION BY THE CHARITY COMMIS- 
 SIONERS, IN THE NAME OF THE BOARD, OF 
 LEGAL PROCEEDINGS FOR THE RECOVERY 
 OF PROPERTY BELONGING TO CHARITIES - 
 
 (b.) INTERVENTION OF THE CHARITY COMMIS- 
 SIONERS IN THE INSTITUTION OF LEGAL 
 PROCEEDINGS WITH RESPECT TO CHARITIES 
 
 (c.) POWER TO THE ATTORNEY GENERAL TO 
 PETITION UNDER THE CHARITIES PROCE- 
 DURE ACT, 1812 .... - 
 
 (rf.) SPECIAL JURISDICTION AT CHAMBERS CON- 
 FERRED UPON JUDGES OF THE CHANCERY 
 DIVISION OF THE HIGH COURT OF JUSTICE 
 
 {e.) SPECIAL JURISDICTION CONFERUED UPON 
 THE COURT OF CHANCERY OF THE COUNTY 
 PALATINE OF LANCASTER 
 
 (/.) SPECIAL JURISDICTION CONFERRED UPON 
 THE CO UNTY CO URTS 
 
 (g.) RECOVERY, UNDER WARRANT OF JUSTICES, OF 
 THE POSSESSION' OF CHARITY PROPERTY 
 HELD O VER B Y OFFICER, OR ANY RECIPIENT 
 OF CHARITY -.---- 
 
 XII.— Provisions as to Repeals 
 
 APPENDIX No. 1. 
 
 Containing in full certain Sections of the Charitable 
 Trusts Acts, the several Parts of which are Printed 
 separately in the Text . . . . - 
 
 APPENDIX No. 2. 
 
 The Endowed Schools Act, 1874, Sect. 2 
 
 INDEX to Sections of the Charitable Trusts Acts 
 GENERAL INDEX . . . . 
 
 P»g« 
 54. 
 
 57 
 
 58 
 
 59 
 
 (51 
 
 61 
 
 64 
 G5 
 
 70 
 71 
 
 74 
 
 77 
 
 78 
 80 
 
 A 8
 
 6 
 
 MEMORANDUM. 
 
 The juriBdiction orii^inally founded by the Charitable Trusts Act, 
 1853, has been »,a-adually built up by the subsecjuent Charitable 
 Trusts Acts, nnuMidiiii,^ and cxpandini,^ the provisions of the 
 ori^^inal Act. Tlie oriufiiial Cliaritable Tnists Act of 1853, and, 
 coiise(iuently, the sul)sc(|ueMt Acts, are concerned with various 
 and distinct incidents of jurisdiction which are in some degree 
 or other treated separately in the Acts, with the result that 
 nearly every Act is both multifarious and at the same time 
 incomplete in itself 
 
 Of this condition of the Charitable Trusts Acts proof is furnished 
 by the numerous cross references appended to the recent collective 
 edition of the C-'haritable Trusts Acts, as well as by similar 
 references ajujendeil to those Acts, as comprised in the 3rd edition 
 of Tudor's LaVv of Charitable Trusts, pj). 4r)G-56(). 
 
 The following;- pa_y;es are the result of an attempt to dispense 
 with the laborious and somewhat hazardous process of cross 
 reference by bnuifinir together, as closely as may be, the several 
 provisions of the Acts, which deal with the same heads of 
 jurisdiction. 
 
 The analysis of the Acts, uj)on which this arrangement of their 
 provisions is based, is to be found in Table A. in Appendix 12 to 
 the Report of the Select Committee of the House of Commons, 
 which was ajipointed in 1894 to impiire "whether it is desirable 
 " to take measures to bring the action of the Charity Commission 
 " more directly under the control of Parliament, and to give it more 
 " etiectual means of dealing with the business which will come 
 " before it." 
 
 The entire text of the several Charitable Trusts Acts, 1853-1894, 
 is reproduced verbatim in the following [)ages. In a few cases, 
 and consi)icuously in tliose of sections 2, 4, 6, and 8 of the 
 Charitable Trusts Act. 18()0. it has been found convenient, in 
 order to avoid confusion and repetition, to break up sections 
 which deal with more than one of the several heads of analysis. 
 In these cases, whenever the section thus divided is not to be found 
 comi)lete in any other place in the text, it is printed in full in 
 Appendix, No. 1, for i)urposes of reference. 
 
 No attempt to consolidate has been made, and each section is 
 treated independently. Some difficulty has consequently been 
 experienced in determining the order in which sections' falling 
 under the same head shall be arranged, so as to present the state 
 of the law as clearly as may be. In order to meet this difficulty 
 chronological sequence has been disregarded in several cases. 
 
 In a few cases, pp. 8, 15, -Z-I, 31, 63, and 66, it has been found 
 necessary to completeness to introduce sections of Acts other than 
 the Charitable Trusts Acts. 
 
 It is believed that the analytical arrangement of the Charitable 
 Trusts Acts which has been thus undertaken may be of use to 
 those who, not being fully conversant with the complexities of 
 the Acts, desire to consult them literally for a particular purpose, 
 and, further, that it may furnish a step towards a future con- 
 solidation of the Charitable Trusts Acts, whenever such a. 
 measure may be deemed to be practicable. 
 
 August 1896.
 
 ANALYTICAL ARRANGEMENT 
 
 OF 
 
 THE CHARITABLE TRUSTS ACTS, 1853 to 1894. 
 
 I'M,)' i'''iii-> 
 
 NOTE.— Any section or portion of a section of the Chari- 
 table Trusts Acts, 1853 to 1894, which is now repealed, 
 or for which any other provision is expressly nade by a 
 subsequent Act, is printed in italics. 
 
 The following abbreviations are used, viz. :— 
 
 C. T. Act, 1853, indicates The Charitable Trusts Act, 
 1853, 16 & 17 Vict. c. 137. 
 
 C. T. Act, 1855, indicates The Charitable Trusts 
 Amendment Act, 1855, 18 & 19 Vict. c. 124. 
 
 C. T. Act, 1860, indicates The Charitable Trusts Act, 
 1860, 23 & 24 Vict. c. 136. 
 
 C. T. Act, 1862, indicates The Charitable Trusts Act, 
 1862, 25 & 26 Vict. c. 112. 
 
 C. T. Act, 1869, indicates The Charitable Trusts Act, 
 1869, 32 & 33 Vict. c. 110. 
 
 C. T. Act, 1887, indicates The Charitable Trusts Act, 
 1887, 50 & 51 Vict. c. 49. 
 
 C. T. Act, 1891, indicates The Charitable Trusts 
 (Recovery) Act, 1891, 54 Vict. c. 17. 
 
 C. T. Act, 1894, indicates The Charitable Trusts 
 (Places of Religious Worship) Amendment Act, 
 1894, 57 & 58 Vict. c. 35. 
 
 l.—Provisions as to Short Titles, Construction and Extent 
 of Acts, Interpretation of Terms, &c. 
 
 (a.) SHORT TITLES AND CONSTRUCTION. 
 
 [0. T. Act, 1853.] 68. This Act may bo cited as "The Charitable Short Title. 
 Trusts Act, 1853." 
 
 [O. T. Act, 1855.] 50. This Act may be cited as " Thc« Cliaritahle Short Title. 
 Trusts Ameudiiu'ut Act, 1855." 
 
 [O. T. Act, 1855.1 1. •' The Charitable Trusts Act. 1853," nercin-alter 16&_17 Vict, 
 called " the principal Act," and this Act, shall l)t> construed tof::ither as One "^(^ '^I ""'^ 
 Act, and any Provisions of the principal Act inconsistent with this Act are {^'construed 
 hereby repealed. together. 
 
 A 4
 
 8 
 
 SHORT TITLES AND CONBTRUOTION. 
 
 Short Title rC. T. Act, I860.] 25. This Act may be cited for all Purposes by 
 the Short Title of " The Charitable Trusts Act, 1860. 
 
 Thr Cl.ari- [Q T Act, I860.] 1. " Tlu' Charitable Trusts Act, 1853," and " The 
 ubUTriHU churi'tai)ir Trusts AimMulment Act, 1855," ami this Act. shall be construed 
 
 toi;(.'thcr as One Act, and any Provisions of the said former Acts inconsistent 
 
 with this Act are liereby repealed. 
 
 Acts to bo 
 construed 
 with this 
 Act. 
 
 Short Utie. [C. T. Act, 1869.] 1. This Act may be cited as " The Charitable 
 Trusts Act, 1861)." 
 
 [C. T. Act, 1869.] 3. This Act, so far as is consistent with the tenor 
 thcn'of, shall he fonstrucd as one with the Charitable Trusts Act, 1853, the 
 Charitable Trusts Amendment Act, 1855, and the Charitable Trusts Act, 
 ISCO, and the Act of the session of the twcutij -fifth and twenty-sixth yeart 
 of the rriiin of Her present Mojeniy, chapter one hundred and twelve, "for 
 " estatilishiny the jurisdiction of the Charity Commissioners in certain cases" 
 uo (irhich mai/ fie cited as the* Charitable Trusts Act, 1862), and those Acts, 
 
 25 «. 26 Vict, together ic'ifh this Act, mtty be cited as (he Chnritable Trusts Acts, 185'S to 
 c. 112. iH(;y.* 
 
 Act to I).' 
 
 construed 
 
 witli 
 
 \6& 17 Vict. 
 
 c. 1.17. 
 
 1«& mVict. 
 
 <•. 124. 
 
 23 & 24 Vict. 
 
 c. 136 
 
 Short title. [C. T. Act, 1887.] 1. This Act may be cited as the Charitable Trusts 
 
 Act, 1887, and shall l)e construed as one with the Charitable Trusts Acts, 
 1853 to IsGi), and, tot^ether with those Acts, may be cited as the Charitable 
 Trusts Acts, 1853 to 1887. 
 
 Short title 
 find con- 
 struction. 
 
 [C. T. Act, 1891.] 1. This Act, so far as is consistent with the tenor 
 thereof, shall he construed together with the Charitable Trusts Acts, 1853 
 to l!SG9, and those Acts and this Act may be cited together as the Charitable 
 Trusts Acts, 1853 to 1891, and this Act may be cited as the Charitable 
 Trusts (Recovery) Act, 1891. 
 
 Short title. [C. T. Act, 1894.] 1. This Act may be cited as the Charitable Trusts 
 (Places of Religious Worship) Amendment Act, 189i. 
 
 Construe- [C. T. Act, 1894.] 3. This Act, so far as consistent with the tenor 
 
 tion. thereof, shall Ijo construed as one with the Charitable Trusts Acts, 1863 to 
 
 1891, and with the Places of Worship Registration Act, 1855, and this Act 
 
 and the Charitable Trusts Acts, 1853 to 1891, may be cited as the Charitable 
 
 Trusts Acts, 1853 to 189-4. 
 
 Citntion of [Short Titles Act, 1896, (59 & 60 Vict. C. 14)] 1. Each of the Acts mentioned in 
 
 Acts in the First Sclieilulc to this Act may, without prejudice to any other mode of citation, be 
 
 Schedule. cited by the short title therein mentioned in that behalf. 
 
 Collective 2.— (1.) Eacli of the groups of Acts mentioned in the Second Schedule to this Act may, 
 
 title.s. without prejudice to any other mode of citation, be cited by the collective title therein 
 
 mentioned in that behalf. 
 
 (2.) If it is provided that any Act passed after this Act may, as to the whole or any 
 part tliereof, be cited with any of the yroups of Acts mentioned in the Second Schedule to 
 this Act, or with any group ot Acts to which a collective title has been given by any 
 Act passed before this Act, that group shall be construed as including that Act or part, 
 and, if the collective title of the group states the first and last years of the group, the 
 year in which that Act is passed shall be substituted for the last year of the group, 
 and so on as often as a subsequent Act or part is added to the group. 
 
 [• Repealed by the Statute Law Revision {No. 2) Act, 1893 (56 4- 57 Fid. 
 repealing Act, t/ie section it by mistake referred to as section 2.] 
 
 54.). In the
 
 EXTBNT OF ACTS. — INTEKPRETATION OF TERMS. 
 SCHEDULES. 
 
 FIRST SCHEDULK. 
 Short Titles. 
 
 SeseisD and Chapter. 
 
 Title. 
 
 Short Title. 
 
 25 A 26 Vict. c. 112. 
 
 • • . • 
 
 An Act for establishing the Juris- 
 diction of the Charity Commi.ssiunerg 
 in certain cases. 
 
 • • • . 
 
 The Charitable TrusU 
 Act, 18G2. 
 
 • • 
 
 SECOND SCHEDULE. 
 Collective Titles. 
 
 Session and Chapter. 
 
 Short Title. 
 
 CoUective Title. 
 
 16 & 17 Vict. 
 
 c. 
 
 137 
 
 18 & 10 Vict. 
 
 c. 
 
 124 
 
 23 A 24 Vict. 
 
 c. 
 
 130 
 
 2.5 & 26 Vict. 
 
 c. 
 
 112 
 
 32 & 33 Vic;. 
 
 c. 
 
 110 
 
 50& 51 Vict. 
 
 c. 
 
 49. 
 
 54 & 00 Vict. 
 
 c. 
 
 17. 
 
 57 & 58 Vict. 
 
 c. 
 
 35. 
 
 The Charitable Trusts Act, 1853 
 
 The Charitable Trusts Amendment Act, 
 
 1855. 
 The Charitable Trusts Act, 1860 
 The Charitable Trusts Act, 1862 
 The Chaiitable Trusts Act, 1869 
 Tiiu Charitable Trusts Act, 1887 
 The Charitable Trusts (Recovery) Act, 
 
 1891. 
 The Charitable Trusts (Places of 
 
 KeIi<;ious Worship) Amendment Act, 
 
 1891. 
 
 The Charitable Trusts 
 Acts, 1853 to 1894. 
 
 [C. T. Act, 1853.] 
 
 Ireland. 
 
 (b.) EXTENT OF ACTS. 
 
 67. This Act shall not extend to Scotland or 
 
 [C. T. Act, 1869.] 2. This Act shall not extend to Scotland or Ireland. 
 [0. "T. Act, 1891.] 7. This Act shall not extend to Scotland or Ireland. 
 [C. T. Act, 1894.] 2, This Act shall not extend to Scotland or Ireland. 
 
 {c.) INTERPRETATION OF TER3IS. 
 
 [C. T. Act, 1853.] 66. In the Construction of this Act, except 
 whore the Context or other Provisions of the Act may require a different 
 Construction, (he E.fj)reiiii/oi/ " Court of Chitucenj " sliaU mean funl include 
 the Mostcr of the Rolls and every Jndcfc of Iho Gonri (f Chanccnj in 
 England;* the Expression "Lord Chancellor" shall mean and include the 
 .Lord Chancellor of Great J^ritaiii and the Lord Keei)er and the Commis- 
 sioners of the Great Seal of Great Britain for the Time heing ; the 
 Expressions "District Court of Bankritptci/" and " District Court" shall 
 mean and include every District Court of Bankruptcy established or to fje 
 established under the Act of the Fifth and Sixth Years of the Reign of 
 Der present 3/ajesty, Chapter Tirenty-tico, or under any other Act or Acts 
 passed or to he passed for the Alteration or Amendment or the Extension of 
 tlie same Act, or for the Establishment of any District Court or Courts of 
 Bankruptcy in England or Jfalrs, and every Commissioner or Judge of 
 every such District Court ;f the Expression " County Court " shall mean 
 and include every County Court holden or established or to be holdcn or 
 established under tlie Act of tfte Ninth and Tenth Years of Her Majesty, 
 
 [• Repealed hi/ the Statute Law Revision Art, 1892 (55 <V 56 Vict. c. 19.).] 
 [t Repealed by the Statute Law Revision Act, 1875 (38 cjr 39 Vicl.c. 66.).] 
 D 91117. B 
 
 Extent of 
 Act. 
 
 Extent of 
 Act. 
 
 Extent of 
 Act. 
 
 Extent of 
 Act. 
 
 Interpreta- 
 tion of 
 Terms.
 
 10 
 
 WTERPRRTATION OF TEHMS. EXEMPTrOWP. 
 
 As to the 
 
 Term 
 
 " Cliaritv." 
 
 Interpreta- 
 tion. 
 
 Chapter Ninety-fire, or any Act or Acf» -pfi^nfd or to be passed for the 
 Alteration or Krtcnsion of the same Act, and every Judge of any siich 
 Court:* The (>x|.r.ssion "'Cliirirv" t>hall mt-jm cvtM-y eudowctl Foundation 
 and Instiiution taking or to take IvH'wt in Englnnd or AValos, and corning 
 within the Mi-aniiisr. Piirvioii, or Iiiter|»r.'tation of tne Statute of the Forty- 
 third Y.-ar of (iueeri Hli/atn-tli. Cliaptcr Four, or as to which, or tlie 
 Administration of the Kcvcnucs or Property whereof, the Court of Chancery 
 has or may exercise Jurisdiction ; tlie Expression " Trustee" of any Charity 
 shall mean and include everv Person .-ind Corporation seised or possessed of 
 or entitled to any Heal or Personal Estate, or any Interest therein, in trust 
 for or for the ]Jenefit of such Charity, or all or any of the Objects or Purposes 
 thereof, nnd everv Member of any such Corporation; and tlie Expression 
 " the Board" shaU moan the said Charity Commissioners sitting as a Board 
 under this Act ; and the Expression " Endowment " shall mean and 
 include all Lan.is and Real Estate wliatsoever, of any Tenure, and any Charge 
 thereon, or Interest therein, and all Stocks, Funds, Monies, Securities, 
 Investments, and Personal Estate ^^hatsoever, which shall for the Time 
 being belong to or be ludd 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 Bereditatnents, 
 corporeal and incorporeal, of erery Tenure and Bescription.-f 
 
 [C. T. Act, 1855.] 48. In the Construction of the principal Act and 
 this Act tlie Word " Ciiarity ■' shall include every Institution in England or 
 Wales endowed for charitable Purposes, but shall not include any Charity or 
 Institution expressly exempted from the Operation of the Act of 1853, and 
 Words applying to any Person or Individual shall apply also to a. Corporation, 
 whether sole or aggregate. 
 
 [C. T. Act, 1891.] 2. In this Act, unless the context requires 
 otherwise, — 
 The expression " the Board " means the Charity Commissioners for England 
 
 and Wales : 
 The expression " prescribed " means prescribed by rules made under the 
 
 provisions of this Act. 
 
 II.— Exemptions from the Jurisdiction created by the 
 Charitable Trusts Acts, and Incidental Provisions. 
 
 Exemptions 
 froai th(? 
 OpcratioD 
 of Act. 
 
 [C. T. Act, 1853.] 62. This .Act shall not extend to the Universities 
 of Oxford, Cambridge, London, or Durliam, or any College or Hall in the said 
 Universities of Oxford, Cambridge, and I)urham, or to any Cathedral or 
 Collegiate Church, or to any Building registered as a Place of Meeting for 
 Keligious Worship with the llegistrar General of Births, Deaths, or Marriages 
 in England and Wales, and bonfl, fide used as a Place of Meeting for Religious 
 Worship; nor shall this Act, for the Period of Two Years from the parsing 
 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 Boman Catholic Persuasion, and whie.h are vndcr the 
 Superintendence or Control of Persons of that P^r-masiow, J nor shall this Act 
 extend or be applied to the Commissioners of Queen Anne's Bounty, or 
 to the British 5luseum, 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 cairied on by or mider tlie Direction of any Society 
 
 [• lUpealtd by the Statute Lav Revision Act, 1892 (55 Sr 56 Vict. c. 19.) ,- definition now 
 supplied by the Interpretation Act, 1889, sect. 6 (52 t;oZ Vict. c. 63.).] 
 
 [■f Repealed by the Statute Laic Revision Act, 1892 (55 <^- 56 ficl. c. 19.) ; definition now 
 supplied by the interpretation Act, 1889, sect. 3 (52 & 53 Vict. c. 63.).] 
 
 [J Repealed by the Statute Law Revision Act, 1875 (38 Sr 39 Vict. c. 66.).]
 
 wtiolly or purtially 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 volun- Provisions as 
 tary SubscriptionR and partly by Income arising from any Endowment, the *" Charities 
 Powers and Provisions of the Act, shall, with respect to such Charity, extend ^^'f?®*^ 
 and apply to the Income from Endowment only, to the Exclusion of voluntary volunta^ 
 Subscriptions, and the Application thereof ; and no Doruition or Bequest unto Subscrip- 
 or in trust for any such Charity as last aforesaid, of which no special t'ons. 
 Application or Appropriation shall be directed or declared by the Donor or 
 Testator, and Avhich may legally be applied by the governing or managing 
 Body of such Charity as Income in aid of the voluntary Subscriptions, shall 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 expanded for or to some defined and sjjecihe Object or 
 Purpose connected with such Charity, in pursuance of any Rule or Reso- 
 lution 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 Juris- 
 diction 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 TVales, to the Jurisdiction of the said Board : 
 Provided always, that the said Exemption shall not extend to ajiy 
 Cathedral, Collegiate, Chapter or other Schools. 
 
 [C. T. Act, 1855.] 47. Neither this Act nor the principal Act shall. Acts not to 
 tiriiil the First Dai/ of September One thousand eight hundred and fifty-six, appb' <" 
 extend or he in any Manner applied to Charities or Institutions the Funds p°j'j|o|j„ 
 or Income of ichich are applicable exclusively for the Benefit of Persons o/ charities 
 the Roman Catholic Fersuasion, and which are under the Superintendence until 1st 
 a7id Control of Fersous of that Persuasion,*' novs\\d\\ anything in this Act Sept. 1856. 
 extend to any of the Cases which by the Sixty-second Section of the 
 principal Act are excepted from the Operation thereof. 
 
 [C. T. Act, 1855.] 49. Nothing in this Act or in the principal Act Act not to 
 contained shall extend to the Colleges of Eton and "Winchester, or either of e^^tend to 
 
 +'U««-. Eton or 
 
 [C. T. Act, 1894.] 4. The exemption of any building registered as a Extension oi 
 place of meeting for religious worship with the Registrar-General of Births, pxenii.tionin 
 "Deaths, or Marriages in England and Wales, and bona fide used as a place ^y,),-'^ ({o' 
 of meeting for religious worship, contained in the sixty-second st^ction of the i8 4 19 Vict'- 
 Charitiiblc Trusts Act, 18.53, and in the nintli section of the Places of AVorship c 81. s 9, of 
 Registration Act, 1855, shall extend, and shall, without ])rejudice to any places of 
 order of the Charity Commissioners made before the passing of this Act, "eiJLio^ *^' 
 be deemed to have always extended to — worship. 
 
 («) any forccoiu't, yard, garden, burial-ground, vestry, or caretaker's house, 
 in respect of situation connected with, and held upon the same trusts 
 as, any building registered and bona fide used as aforesaid ; and 
 (h) any Sunday-school house or other laiul or building which shall be 
 certified by an order of the Charity Commissioners, made upon the 
 application of one or more of the trustees or persons acting in the 
 administration thereof, to be held upon the .same trusts as any 
 building registered and used as aforesaid, or upon like trusts, and 
 to be in respect of situation so connected with or held or used in 
 connexion with such building that it cannot conveniently be se para ted 
 therefrom : . . . . 
 
 \^This section is printed in full at p. 39.] 
 
 •■. ( ■ ■■ ...<,■> ' .\ 
 
 [• Repealed by the StattUe ^jo ^^m^ft^i^m^^ t..3A,?^<5«:v66.).] ' 
 
 B 2
 
 12 
 
 EXEMPTIONS. 
 
 Exempted ^C. T. Act, 1853.] 63. It shall be lawful for any of the Charities 
 
 Chariit.-j. exeiti/itrd I'nnn tin- (Jj.fnition (f this Act, b>/ Order or Besnliitioii dull/ made in 
 C^mmiy""" conformiti/ with the Comfitutiun or Utiles of »uch Charity {and lohich in 
 giont^Hto that Case only shall be bindiny), to apply by Petition to the Commissioners 
 hare IJeuefit to hare the Benefit of this Jet. either generally or as to any of the Provisions 
 of Act, herein contained ; and such Petition shall be under the Seal of sjich Charity 
 
 if inror/iorafed, and if not then under the JTands of the tnaj'or Part of the 
 Trusters and governing Body tf such Charity ; and in such Case it shall 
 be lawful for the Commissionersjf t/iey shall think fit, to make an Order in 
 conformity trith such Applirtdiou, and such Charity shall thenceforth be 
 entitled to and be bound by all the Provisions of this Act, if admitted 
 generally thereto, or by such of the Enactments thereof, as shall be men- 
 tioned and sperifted in such Order of the Commissioners, but in either Case 
 in the same Manner as if sui-h Charity had not been exempted from t/iis 
 Act, or such Exemption had not extended to the Enactments specified in such 
 Order* 
 
 Application [C. T. Act, 1869. J 14. Either tho trustees or the persons acting in 
 
 by exempted the administnitlon of any charity exempted from tlie operation of tlie Charit- 
 
 hive u-n,-ru "'''•^* Trusts Acts, ]H5.*i to lS()9/may apply to the Board to have the said Acts 
 
 of Act. ' or any provisions thereof specified in the application extended to such 
 
 See charity : Swell ajjplieation shall he made hy such of the said trustees or 
 
 16* J" Vict, persons as havini? regard to the value of the charity might under the 
 
 c. 13<.8. 63. provisions of the said Acts, if the charity were not exempted therefrom, 
 
 make an application for a scheme to a nj' judge or court or to i\v\ Board, 
 
 and shall he made in the same manner and according to the same regulations 
 
 as such application. 
 
 On any such :ip|)lication the Hoard may make an order directing that the 
 said Acts or any jirovisions of them s])ecili('d in the application shall extend, 
 and such Acts or provisions shall then.'upon after the date of the order extend 
 to such charity in the same manner as if it were not exempted therefrom. 
 
 Before making any order under this section the Board shall cause such 
 notices of the proposed order to he given as hy section three of the Charit- 
 ahle Trusts Act. IStJO, as amended hy this Act, and by section six of the same 
 Act are required to he given befoi'e the making of an order for establishing a 
 scheme.f 
 
 Xxtensioo 
 of part of 
 Acts to 
 r«yistcred 
 places of 
 relipous 
 worship. 
 
 [0. T. Act, 1869.] 15. So much of the Charitable Trusts Acts, 1853 
 to 1809, as authorises and relates to orders of the Board for the appoint- 
 ment or removal of trustees of a charity, or for or relating to the vesting 
 of any real or personal estate belonging thereto, or for the establishment of 
 any scheme for the administration of any charity, shall extend to buildings 
 registered as places of meeting for religious worship with the llegistrar 
 General of Births, Deaths, or Marriages in England, and bona fide used as 
 places of meeting for religious worship : Provided that no such order shall be 
 made except upon the application of the trustees or persons acting in the 
 administration of the charity, made in manner provided by section four of 
 the Charitable Trusts Act. 18(50, or l)y this Act. J Save as provided by this 
 section, such buildings shall continue exempted fi'om the Clmritable Trusts 
 Acts, 1853 to 18(59. 
 
 32 & .33 
 Vict. c. 110. 
 B. 15. 
 
 [C. T. Act, 1894.] 4 Provided always that so much of 
 
 the Charitable Trusts Acts, 18-53 to 1891, as by virtue of the fifteenth section 
 of the Charitable Trusts Act. 1869, extends to buildings registered and used 
 as aforesaid, shall also extend to the properties declared to be exempted by 
 
 [• Pepealed bi/ the Charitable Trusts Act, 1869, sect. 17 {p. 72).] 
 
 [t Fitr the section!, here referred to, viz., sections ^ and of the Charitable Trusts Act, I860, 
 and section 4 of the Charitable Trusts Act, 18()9. see p. 55 and 75.] 
 
 [t For the sections here referred to, viz., section 4 of the Charitable Trusts Act, 1860, and 
 tection 5 of the Charitable Trusts Act, 1869, seep. 46.]
 
 OONBtlTUTION. rS 
 
 this Act in the same manuer and subject to the same restrictions as the 
 buildings rej^istered and used as aforesaid. 
 
 [^Tkis section is printed in full at p 39.] 
 
 III.— Constitution, Salaries, and Procedure of the Charity 
 Commissioners, and their Officers, &c. ; Scale of Fees 
 for Business ; Annual Report. 
 
 («.) CONSTITUTION. 
 
 [C. T. Act, 1853.] 1. It shall be lawful for Her Majesty and Ser Her Majesty 
 Successors* by Warrant under the Royal Sign Manual, to appoint Four empowered 
 Commissioners, f and also One Secretary and Two InspectorsX for the Purposes *^ appoint 
 of this Act, and upon any Vacancy by the Death, Resignation, or llemoval Commfs- 
 of any Commissioner, Secretary, or InspectorX under this Act, from Time to sioners, 
 Time in like Planner to appoint another Person to succeed to such Vacancy, Secieury, 
 and until a fresh Appointment shall be made it shall be lawful for the ^"'^ 3°- 
 surviving or continuing Commissioners, in case of any Vacancy, to act as 
 if no such Vacancv had occvirred ; and Three of the said Commissioners shall 
 hold Office during good Behaviour; and the Fourth, and every Secretary 
 and Inspector\ to be appointed under this Act, shall hold OflBce during the 
 Pleasure of Her Majesty. 
 
 [C. T. Act, 1853.] 2. The said Three Commissioners so holding Office Qualifica- 
 during good Behaviour shall be paid as herein-after mentioned, and Two at tionofCom- 
 least of the said paid Comndssioners for the time being shall be Barristers- ™'^'o°«". 
 at-Law of not less than Twelve Years standiug at the Time of their respective 
 Appointments, and One of such Barristers shall be the Chief Commissiouer, 
 and shall be so called and distinguished in his Appointment. 
 
 [C. T. Act, 1855.] 3. It shall be lawful for Her Majesty and Her Power to 
 Successors, under the Royal Sign Manual, to appoint additional Inaprctors appcmt 
 {not exceeding three in Number) for the Purposes of this Act and the j^^''"T*\ 
 Charitable Trusts Act, 1S53, and such additional Inspectors shall hold office 
 during Fleasure, and shall be possessed of the same Powers, Authorities, 
 and Jurisdiction, and be entitled to the same Pricileges and Emoluments, 
 as the Inspectors appointed under the said former Act of One Thousand 
 eight hundred and fifty-three.^ 
 
 [0. T. Act, 1887.] 2.— (1.) The Charity Commissioners for England Appoinx- 
 and "Wales (in this Act referred to as " the Board ") may from time to time ment of 
 with the approval in each case of the Commissioners of Her Majesty's ''^*^*'°* 
 Treasury (in this Act referred to as the Treasury) apjioint assistant commis- sioners. 
 sioners, and may remove any such assistant commissioner. 
 
 (2.) The numbi>r [and salaries] of the assistant commissioners under this 
 Act shall be such as tiie Treasury may from time to time sanction. 
 
 (3.) Each assistant commissioner under this Act shall have the same 
 powers as an inspector under the Charitable Trusts Acts, 1S53 to 1869, and 
 the sections of the Charitable Trusts Acts, 1853 to ISGS), specitied in the 
 First Schedule to this Act, shall have effect as if "assistant commissioner" 
 or "assistant commissioners " were therein substituted for 'inspector" or 
 ''• inspectors," as the case may be, and each assist<ant commissioner actiu'j' 
 under the authority of the Board may exercise the said powers for any 
 purpose of or incidental to any duties imposed on the Board by Parliament 
 under any present or future Act. 
 
 [• liepealed hi/ the Statute Law Revision Act, 1892 (55 <V 56 Vict. r. li».).] 
 It As to the appoint ment oj tiro additional CItariti/ Cominis.uonfrs under tlic Endotrrd .^-fiools 
 Act, lt<74, see section 2 of t/iat Art, t/w provi.tions of which art printed in Appendi.r No. '1 
 
 {p. 77).] 
 
 [t Jicpeiilcd hi/ the Chnritahte Tri'sts .ict, 1S87. sect. G (i). 72).] 
 
 [^ iii(.|>eo/<rf by the Statute law Becision A.t, 1S7.5 ^38 4 3^ ^''f'« <■• W).j 
 
 B 3
 
 u 
 
 .VfoHAiAJHBS*'^ 
 
 (•t.) The power of appointing iaspeotors under the Charitable Trusts Acts, 
 1653 to 1869, shaU cease. 
 
 SCHEDULES. 
 
 FIRST SCHEDULE. 
 
 Sections of Charitable Trusts Acts rklating to Inspectors and applied to 
 
 Assistant CoiuussiuNERS. 
 
 SeHion anil Cbnptcr. 
 
 Title of Act. 
 
 Sectiona applied. 
 
 10 * 17 Vict, c 
 
 .137. - 
 
 The Chnritable Trusts Act, 1853 
 
 Sections five, nine, ten, 
 eleven, twelve, fourteen, 
 fifteen, nineteen, twenty- 
 tbree. fifty-fuur, fifty-six, 
 fifty-seven, and fifty- 
 eight. 
 
 18 & 19 Vict .-. 
 
 124. - 
 
 Thf I'linritablo Trusts Amendment Act, 
 
 Sections six, seven, and 
 
 
 
 185.'). 
 
 eight. 
 
 23 & 24 Vii-f. I- 
 
 136. - 
 
 Th.' C'liiirital)le Trusts Act, 1860 
 
 Section six. 
 
 .•?•_' & 3:5 Vict. V. 
 
 110. - 
 
 ■nu- Charilal.le Trusf,« Act, 1H69 
 
 Section nine. 
 
 'T^- 
 
 NopwdCom- [C. T. Act, 1853.] 5. No paid Commissioner, Secretary, or Lisp fic for* 
 10 l)f appointod under tills Act shall be capable of sitting in the House of 
 Commons during the Tenure of his Olllce. 
 
 mixsinner, .Sf- 
 crc'tary, or 
 Inspector, to 
 (it in HouM of 
 CoQunoDs. 
 CommigsionerB, 
 &c. exempted 
 from servin;; 
 on June*. 
 
 Officers of 
 the Board. 
 
 [C. T. Act, I860.] 24. Ercri/ Comiuisftioner, Spcretarji, and Inspector 
 acUny under or employed for the Purposes of Ihe said Ads shall be exempt 
 from serring on Juries ichile he shall be so acting or emploi/ed.f 
 
 [C. T. Act, 1853.] 3. The said Commissioners, with the Sanction of 
 the Commissioners of Her MajestfsX Treasury, shall from Time to Time 
 appoint such Clerks and Messengers as the said Commissioners may think 
 tit, and all Persons appointed imder this Provision shall liold their Offices 
 during the Pleasure of the said Commissioners. 
 
 (6.) SALARIES. 
 
 Salaries. [Q. T. Act, 1853.] 4. There shall be paid to the said paid Commis- 
 
 sioners, and to the said Secretanj, Inspectors, Clerks, and Messengers, s?ich 
 Salaries not exceeding for the Chief Commissioner the annual sum of One 
 thousand fee hundred Pounds, and for each of the other paid Cominissioners 
 ihe annual sum of One thousand two hundred pounds, and for the said 
 Secretary the annual Sum of Six hundred Pounds, and for each of the said 
 Inspectors the annual Sum of Light hundred Pounds, as shall be from Time 
 to Time alloioed by the Commissioners of Her Majesty's Treasury, who may 
 also allow to every Commissioner, Inspector, and other Person appointed for 
 the Purposes of this Act such reasonable Travelling and other Expenses as 
 may be incurred by him in the Execution of his Office, and the said Salaries 
 and Expenses, and the incidental Expenses of the said Board, shall be paid 
 out (f any Monies which may be from Time to Time provided by Parliament 
 for that Pu}-pose : Provided always, that after the Thirty-first day of March, 
 in the Tear One thousand eight hundred and fifty-seven, the said annual 
 Salary shall be jiaid to One only of the said Commissioners besides the said 
 Chief Commissioner.^ 
 
 \* Sow "Assistant Commissioner." See Ctiari fable Trusts Act, 1887, sect. 2, sub-section 3 
 (p. 13).] 
 
 [I Repealed l>y (he Statute Law Revision Act, 1875 (38 i^ 39 Vict. c. 66.) as being inconsistent 
 nitti sect. !) of l/ie Jurors Act, 1870 (33 4- 31 Vict. c. 77.).] 
 
 [t Jtepea/eil by the Statute Law Revision Act, 1892 (55 ^ .56 Vict. c. 19.).] 
 
 [^ This section is wholly repealed by the Charitable Trusts Act, 1887, sect. 6 {p. 72).]
 
 PKOCBDURE. l!6' 
 
 [0. T. Act, 1855.] 2. So mnnk of the jirinripal Act (Section TV.) m Provision a« 
 provides that after the Thirty-ftrst Day of March One thousand eight hundred ^o the Salary 
 and fifty-seven an annual Saltt.ry shall be paid to One only of the Commis- °' ^"® "'' 
 sioners besides the Chief Commissid/ier is hereby repealed* mTsslon'ers 
 
 rei>ealed. 
 
 [C. T. Act, I860.] 22. There shall be paid to the Secre!<t.ry for the Salary of the 
 Time being of the said Commissioners, in consideration of the Increase and Secretary. 
 Extent of his Official duties, such a Salary, not exceeding the annual Sum of 
 Eight hundred Pounds, in lieu of the Salary payable to him under the firstly 
 cited Act, as shall from Time to Time be allowed by tlie Commissioiiers of 
 Her Majesty's Treasury.f 
 
 [Endowed Schools Act, 1874 (37 & 38 Vict. c. 87.).] 3. There Salaries of 
 
 shall be repealed so much of the Charitable Trusts Acts, 1S53 to 1869, as ^'-^^^J 
 regulates the amounts of the salaries of the Commissioners, their secretary sio^e™'^«nd 
 and in.spectors ; and'l there shall be paid to the Commissioners, their secretary or their officers, 
 secretaries, assistant commissioners, inspectors, officers, and clerks, whether appointed 
 under this Act or under the said Clharitable Trusts Acts, out of moneys provided by 
 Parliament, such salaries as the Treasury may from time to time determine : Provided 
 that no decrease shall be made in pursuance of this section in the salary of any Charity 
 Commissioner, secretary, inspector, officer, or clerk appointed before the passing of this 
 Act under the said Charitable Trusts Acts, or any of them. 
 
 [C. T. Act, 1887.] 2.— (2.) The ... . salaries of the assistaiit Appomt- 
 commissioners imder this Act shall be such as the Treasury mav from time '"^'"'^ °^ 
 to time sanction. ' *«'''^^.°' 
 
 commis- 
 
 [This section is printed in full at p. 13,] sioners. 
 
 (c.) PROCEBUBE, ^c. 
 
 [C. T. Act, 1853.] 6. The said Commissioners to be appointed under Style of 
 this Act shall be styled " The Charity Commissioners for England and Cmntnis- 
 Wales," and may have and use a Seal for authcuticatiu"- Documents, and '*'°"*''|'' ^"° 
 
 * . . . . iDav sit ixs 
 
 such Commissioners shall sit from Time to Time as a Board for carryins,' this » Board. 
 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. 
 
 [C. T. Act, 1853.] 7. The said Board shall, by General Minutes, from Board 
 Time to Time prescribe Regulations for their Proceedings, and the Proceed- to frumo 
 ings of their Inspectors, and concerning the Form and Manner of Applications ^''n'™' 
 to the said Board, and the Conditions to be performed by AppUcants, 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 sucii General Minutes shall be laid before both Houses of 
 Parliament within Pom'teen Days after the making tiiereol, if Parliament 
 be sitting, or if Parliament be not sitting, then within Fourteen Days after 
 the next meeting thereof. 
 
 [C. T. Act, I860.] 21. The said Board shall from Time to Time Board to 
 
 make such Minutes as shall be required relative To ihe Tn.stitution and make 
 Conduct of their Proceedings under the Jurisdiction created by tliis Act. Mmutes. 
 
 [C. T. Act, 1853.] 8. The said Board shall cause .Minutes ol their Minutosof 
 Proceedings, and all Orders, Certihciites, and Schemes, made or apj)roved by Piooeiding.s 
 them under this Act, to be entered in l^ooks to be provided and kept for ""'' *^,'{'|j'^*' 
 such Purpose, and all such Entries shall l)e signed by th(>ir Secretary, and eili^rod and 
 all Copies purporting to he extracted from the Hooks of the sj\id Bt)ard, and Copi*» of 
 to be certihod by their Secretary, of any such Minutes, Orders, Certificates, Entries 
 
 [• Repealed hrj the Stntute Law Revision Act, 1875 (3H Sf 39 Viet. e. 66.).] 
 1 1 Ilep<ati'd hy the Kiidnwed Schools Art, 1H74, .s,c/. 3 (37 .V 38 I'iit, r. f<7.).] 
 [I Repealed bi/ the Statulc Law Revision Act, 1SS3 (4G .) 17 Hct. c 39.;.] 
 
 B 4
 
 16 
 
 PBOOEDrKK. 
 
 signed b_T the 
 SecreUrv to 
 be receiTtnl 
 in EvideDce. 
 
 The Acts of 
 iLe Board, 
 how to be 
 authenti- 
 cated. 
 
 Entricii in 
 nml Extract* 
 frvim tlie 
 Books of the 
 Bonnl, how 
 to be nuthen- 
 ticatcd. 
 
 Provision for 
 absence of 
 secretary. 
 
 und Schemes euiered as aioresaid, shall be reooived as Evidence of the 
 Proceedings to which such ;Nriiuites shall relate, and of such Orders, 
 Certiticnte's, or ScOicmes, and of the making or Approval thereof (as the case 
 may reiiuire) by the said Board, without further Proof thereof. 
 
 [C T. Act, 1855.] 4. Erery Act of the Board may be sufficiently 
 authontieated by tlie Seal of the Commissioners, and the Signature of their 
 Secretary, or in Im Absence of the Chief Clerk* 
 
 [C. T. Act, 1855.] 5. All Orders, Certificates, Schemes, and other 
 Uocuiiients issued under the Seal of the Board shall be deemed and taken to 
 be the Orii:inals, and Copies thereof shall be entered in the Books of the 
 Board, audall such Kntries may l)e sufficiently certified by the Signature of 
 the Secrctaiy, or in his Absence of the Chief Clerk :* Every Order, Certificate, 
 Scliciiie, and other Document purporting to be sealed with the Seal of the 
 Board sliall be received in l-^vidence without further Proof; and any Writing 
 purporting to he a Copy extracted from the said Books, and to be certified 
 as aforesaid, shall be received in Evidence in like Manner. 
 
 [C. T. Act, 1887.] 3. The signature of any officer of the Board 
 (wliether assistant secretary or other) who for the time being is authorised 
 by an order of the Jioard signed by two Commissioners to act on ])ehalf of 
 the secretary of the Jioard shall, Vor all purposes of the Charitable Trusts 
 Acts, 185;i to 1869, or any other enactment, be as valid as the signature of 
 the secretary ; and a reference in any enactment to the signature of the 
 secretary shall include a reference to the signature of such officer, and any 
 document signed by an officer expressed to be so authorised shall be received 
 in evidence without proof of the authority. 
 
 [C. T. Act, 1869.] 5. An application to the Board of Charity Com- 
 missioncrs for England and Wales, for the purposes of the Charitable Trusts 
 Acts, 1853 to 1869, when made by the trustees or persons acting in the 
 administration of the charity, may be made in writing signed by any person 
 authorised in that behalf by a resolution passed by a majority of those trustees 
 or persons wlio arc present at a meeting of then- body duly constituted and 
 vote on the question. 
 
 [C. T. Act, 1869.] 6. The Board shall be deemed to have and to have 
 always had power in any order made upon an application to them, for the 
 exercise of their jurisdiciion under the Charitable Trusts Acts, 1853 to 1869, 
 to insert in the order any incidental provisions which they think exj)edient 
 for carrying into effect the substantial objects of the application, and which 
 they would have had power to insert if such provisions had been included in 
 the application. 
 
 Dischnrge ol [Q. T. Act, 1869.] 8. The Board shall be deemed to have and to have 
 
 Biwd'for always had power with or without any application "to discharge, within twelve 
 
 irregularit/. months after an order is made by them, the whole or any part of any order 
 
 appearing to have been made by them by mistake or on misrepresentation, or 
 
 otherwise than in conformity with the Charitable Trusts Acts, 1853 to 1869. 
 
 Every order made by the Board, in exercising their jurisdiction under the 
 
 Charitable Trusts Acts, 1853 to 1869, shall, until discharged or varied by 
 
 ihe Board or by the Court of Chancery on appeal under section eight of the 
 
 Charitable Trusts Act, 1860,f have cllect according to its tenor. 
 
 Every order of the Board shall, subject to all powers which tlie Court of 
 Chancery has to discharge or vary it, under section eight of the Charitable 
 Trusts Act, ISHO.t and subject to the power of the Board to discharge it wholly 
 or partially for the causes mentioned in this section, be deemcxl to have been 
 duly and formally made, and no ol)jection thereto on tlie ground only of 
 irregularity or inJormality shall be entertained. 
 
 Mode of 
 
 iipplicntion 
 to Board. 
 
 Powers of 
 Board on 
 application. 
 
 [• Repealed by the Charitable Trusts Act, 1887, sect. 6 (p. 72).! 
 [t ^Ai* section is printed in full in Appendix, No. ],p. 75.]
 
 PROCEDURE. — SCALE OF FEES. — ANNUAL REPORT. 17 
 
 [C. T. Act, 1855.] 9. Any Person refusing or wilfully neglecting to Persons not 
 comply .... with any Order of the Board, made under the complying 
 Provisions of this Act or the principal Act,* .... shall he taken '''•"' ^^V'' 
 to be guilty of a Contempt of the Higli Court of Chancery, and shall be to be"dtfmed 
 liable to be attached and committed by such Court, on summary Appli- Kuiliyofa 
 cation by the Commissioners to the same Court or to any Judge' tliereol, *-'*"iteui|.t of 
 and shall pay such Costs attending such Contempt as the said Court or Judge ('i^a„^°"/.* "^ 
 shall direct : Provided always, that the Court may at any Time dischai-ge, on ' '""''■'''''•^'• 
 such Terms as it may deem just, any Person attached or committed on any 
 such application, .... 
 
 iThis section is printed in full at p. 20.] 
 
 [C. T. Act, I860.] 20. All Orders made by the said Board under the Orderi* w be 
 Provisions of this Act shall be enforceable by the same Means, and shall be e"*orceabie 
 subject to the same Provisions, as are applicable und(!r the Charitaljle Trusts for","^*^^ t- 
 Act, 185:5, and the Charitable Trusts Amendment Act, 1855, respectively, to 
 any Orders of tlie said Board made thereunder. 
 
 {d) SCALE OF FEES FOB BUSINESS. 
 
 [C. T. Act, 1869.] 16. The Commissioners of Her M(tj>sfj/'sf Treasury Treasury to 
 may from time to time prescribe a scale of fees to be charged for any business li^ scale of 
 done by tlie Board under this or any other Act, and maij direct ic'licther the ^^^'*- 
 same shall be imposed hij stamps or otherwise, and bi/ ichom and in what 
 manner the same sliaU be collected, accounted for, and appropriated ; J and 
 before any such fees shall be taken or received by the said Charity Commis- 
 sioners every such scale of fees shall bo published in the Loudon Gazette. 
 The scale of fees shall be laid before both Houses of Parliaiuent within thirty Scale to be 
 days after the same has been so prescribed if Parliament is then sitting, and •'!''• ij^'ore 
 if not. within thirty days after the then next meeting of Parliament ; and if l''"'">'"<^°'' 
 any such scale shall be disapproved of by both Houses of Parliament, within 
 one mouth after the same shall have been so laid belore Parliament, such 
 fees or such parts thereof as shall be disapproved of shall not be charged by 
 the Board. 
 
 {e.) ANNUAL BEPOBT. 
 
 [0. T. Act, 1853.] 60. The said Board shall Ln the Month of Annual 
 February in every Tear make a Report to Her Majesty of all their |iL'|.oit to bo 
 Proceedings during the Pioceding Year up to the Thirty-first Hay of Heceui- p',',i,,'u,"e'nt 
 her then last past, and such Beport shall, within Fourteen Hays after the ivliii-h ^^hall 
 making thereof, be laid before both Houses of Parliament, if Parliament be "^et forth all 
 then sitting, or otherwise within Foiu'teen Hays after the Meeting thereof ; '•>«> Si-hemus 
 and in sueh Report the said Jinard shall specially distinguish aud set forth in "PI^''"^^' 
 full all the Schemes (if any) approved by them under the Provisions lastly 
 herein-before contained, § together withtlu! Grounds of such their Approval, 
 and the Objectious (if auy) which have been made thereto, aud all Proceed- 
 ings had in respect of such Objections and the Grounds on which any such 
 Objections have been over-ruled ; 
 
 \_This section is printed in full at p. 53.] 
 
 [• i.e., the Charitable Trusts Act, 1H53.] 
 
 [\ Rcfjeakil by the Statute Law Revision (AV. 2) Act, 1893 (5G <!(• 57 Vict. c. 54.).] 
 
 IX Repealed by the Statute Law Revision Act, 1883 (4G .S- IT Vict. c. 39.).] 
 
 [§ 77i<' Schemes here referred to are Schemes provisionally approved by the Charity Commis' 
 sioners to be laid before Parliament ; see sections 54-o!l of the C/writable Trw-lt Act, 1853 
 (p. 52).] 
 
 U 91117. 
 
 c
 
 18 
 
 POWKKS OF l.SgUlKV. 
 
 IV.— ProvisioDS conferring on the Charity Commissioners, 
 and their Officers, : owors of Inquiry, and of com- 
 pelling production of Accounts and Documents, and 
 imposing on Trustees of Charities the Duty of keeping 
 and rendering Accounts. 
 
 (o.) pov'ints OF lyqiiiiw ^-c. 
 
 SJOXJ'JRS J\I) 
 
 OF THE CUARITY 
 OFFICERS. 
 
 COMJIIS- 
 
 BoanI u> 
 ini|iiire into 
 Condition 
 and Mnnage- 
 inont of 
 Cliuritii's. 
 
 Power (o 
 refjiiire Ac- 
 ««)unt.< mill 
 iitatenients. 
 
 Officers 
 having 
 Custody of 
 Records to 
 furnish 
 Copies r.nd 
 Extracts, if 
 required by 
 Board. 
 
 [ C. T. Act, 1853. 1 9. It shall be lawful for tlie said Hoard from Time 
 to Time, as they in their Discretion may see fit, to examine and inquire into 
 all or any Charities in Iviii^laiid or AVales, and the Nature and 01)jects, 
 Administmtiou, Management, and ll<'sults thereof, and th(! Value, Condition, 
 Management, and Application of the Estates, Funds, Property, and Income 
 hehinu'ini,' thereto; and the said ]?oard may cause Examinations and lu- 
 {juiries in relation to the Matters aforesaid to be made and prosecuted by 
 their /««7;^'c/or*,* actini^ tot,'ether or separately, in such Cases and at such 
 Times as the said Board may tliink tit ; and all such Inspectors* shall from 
 Time to Time re])ort their Proceeding's to the said Board. 
 
 [C. T. Act, 1853. J 10. 'I'he said Board may require all Trustees or 
 Persons aetint; or haviiiL'' any Conecrn in the ^fanagement or Administration 
 of any Charity, or the Estates, Funds, or Property thereof, to render to the 
 said Board, or to their Insprcfors* or eWhov o^ them, i\ccounts and State- 
 ments in AVritin-g in relation to such Charity, or the Funds, Estates, 
 Property, Income, or Monies thereof, or the Administration, Management, 
 and Ap))lication thereof, and may also require such Trustees and Persons 
 to return Answers in Writing to any Questions or Inquiries addressed to 
 them by the Direction of the said Board relating to the IMatters aforesaid. 
 
 [C. T. Act, 1853. J 11. All Officers having the Custody of Enrolments, 
 Decrees, Bej)orts, llecords, and other Documents relating to or concerning 
 any Charity shall furnish such Copies or Extracts as shall be required by the 
 said Board ; and every Inspector * Secretary, and other Officer of tlie said 
 Board for the Time being employed for the Purposes of this Act shall be at 
 liberty, by the Authority and under the Directions of the Board, and subject 
 to such Regulations as the Board ma^' make in that J?ehalf, to examine 
 and search the Kegisters and lieeords of every Court of Law and Equity, 
 and every Ecclesiastical Court, and every public Registry and Office of 
 Records, and to take Copies of and Extracts from any Decree or Document 
 recorded or registered or deposited therein resjiectively, for any Purpose 
 contemplated by this Act, without Fee or other Payment in respect thereof. 
 
 Inspector [C. T. Act, 1853. J 12. Any Inspector* acting under the Authority 
 
 may examine (,f \\^q saiti Board may, by Precej)t under his Hand, subject to such Regula- 
 ^^'oTl'^* tions as the said JJoard may make in that Behalf, require any Person, being 
 a Trustee of any Charity or otherwise acting or having any Concern in the 
 Management or Administration of any Charity, or of the Estates, Funds, or 
 Property thereof, or in the Receipt or Payment of the Income or Monies 
 thereof, or deriving any Income or Stipend therefrom, to attend before such 
 Inspector* for the Purpose of being examined by him touching or relating 
 to such Charity, or the Estates. Funds, Property, or Income thereof, at any 
 Time and Place mentioned or appointed by such Precept, and to bring and 
 produce any Deed, Paper, Writing, Instrument, or other Document, being 
 in the Custody, Possession, or Power of such Person, and relating to such 
 Charity, or the Estates, Funds, Property, or Income thereof and may 
 examine upon Oath all Persons attending in pursuance of such Precept, 
 
 [• Now "Assistant Commissioners" or -^ Assistant Commissioner," as context may require. 
 See Charitable Trusts Act, 1887, sect. 2, subs. 3 {p. 13).]
 
 POWER? OF INQrlRT. ]9 
 
 and all Persons voluntarily attending before him, and may administer such 
 Oath : Provided ahvays, that no Person shall be obliged to travel in obedience 
 to any such Precept more than Ten Miles from his Place of Abode. 
 
 [C. T. Act, 1853.] 13. If any Person wilfully give false Evidence ivrsons giving 
 upon any Examination under this Act, every Person so offending shall be '»'«« Ev-idence 
 deemed guilty of a IVIisdemeanor. Misdemewior. 
 
 [C. T. Act, 1853. J 14. If any Person from wnom the said Board, or Person 
 any Inspector,* is authorized to require any Account or Statement or Answers refubinf; to 
 to any Questions or Incjuiries, or whose Attendance any Inspector* is ■'f' "'''" 
 authorized to require, shall refuse or Avilfully neglect to render to the said ^''i',e"i'i!l?'m,.d 
 Board such Account or Statement, or to make Answers to sucii Questions puiltyofa 
 or Inquiries, or to attend in obedience to any lawful Precept of any Contt-mpi of 
 Impector* or to give Evidence before him, or shall wilfully alter, destroy, *^''"""*- 
 withhold, or refuse to produce any Deed, Paper, Writing, Instrument, or 
 other Document which may be lawfully required to be ])ro(luc<'d before; 
 any Inspector* or the said Board, every Person so offending shall be deemed 
 and taken to have been guilty of a Contempt of the Higii Court of Chancery, 
 and 'shall be liable to be attached and committed by such Court on summary 
 Application by the Commissioners to the same, and shall pay the Costs of 
 and attending such Contempt as the said Court shall direct. 
 
 exteiuU'il. 
 
 [0. T. Act, 1853.] 15. Provided always. That nothing herein con- Saving' for 
 tained shall extend to give to the said Board or tlieir Iiisprclors* any Power -'«;|--""s 
 of requiring from any Person holding or claiming to hold any J'ropcrty ^'"""'"7. ^ 
 whatsoever adversely to any Charity, or free or discharged from any Cliari- charities, 
 table Trust or Charge, any Information, or the Production of any Deed or 
 Document whatever in relation to tlie Property so lield or claimed adversely, 
 or any Charitable Trust or Charge alleged to affect the same. 
 
 [C. T. P> Ct, 1855.] 6. The Board, or any Commissioner or Inspector* 'i'lio Powers 
 such Inspector* acting under the Authority of the Board, may require °^.''"^ ^'"'"" 
 written Accounts and Statenients and AnsAvers to Inquiries relating to any anj^i°n"pec- 
 Charity, or the Property or Income thereof, to be rendered or made to them tors lo 
 respectivily by all or any of the following Persons ; that is to say, inquire- into 
 
 Trustees or Persons acting or concerned in the Administration of the ^l''.""','*^: 
 Chai'ity, its Property or Income, or in the Receipt or Payment of any 
 Monies thereof : 
 
 Agents of any such Trustees or P(!rsous : 
 
 Depositaries of any Funds or Monies of the Charity : 
 
 Persons in the beneficial lleceipt of any Funds thereof, or of any Income 
 or Stipend therefrom : 
 
 Persons liaving the Possession or Control of any Documents concerning the 
 Chai'ity or any Property thereof : 
 And the Board or the Comniission(>r or Inspector* may require the Persons 
 rendering or nuiking any such Account, Statement, or Answer to verify tiie 
 same by Oatli or otherwise, and may administer such Oath : Provided 
 always, that nothing herein contained shall extend to give to the said Board 
 or their Inspector)!''-'- any Power of retpiiring from any i'l'rson holding or 
 claiming to hold any ['roperly whatsoever adversely to any Charity, or free 
 or discharged from any Cliaritable Trust or Ciiarg<', any Information, or the 
 Production of any Deed or Document whatever, in relation to the Property 
 so held or claimed adversely, or any Charitable Trust or Charge alleged to 
 alfect the same. 
 
 [C. T. Act, 1855. 1 7. The Board, or any Commissioui'r or Inspector* Power to 
 acting as aforesaid, may require" all or any such Trustees and Persons ^^1"""^ 
 as aforesaid to attend before them respectively at such Times and Places „,"i'odu.is 
 as may be reasonably appointed, for the Purpose of being examined in to ntiin.l mi.l 
 relation to the Charity, and to answer such Questions as may be proposed to be exiimined 
 
 [• Now " Assistant Commissioners " or "Assistant Commistioner," at contcrt mat/ require. See 
 Charitable Trusts Act, 1887, sect. 2, .tubs. 3 {p. 13).] 
 
 C 2
 
 20 
 
 POWERS OF INQORT. — AOOOtTNTS. 
 
 Precepts or 
 Orders for 
 the priH-ed- 
 iiif;i'iirposefi, 
 how to bo 
 made. 
 
 Persons not 
 coniplving 
 Mrith Ileipii- 
 sitions, &«■. 
 t<> be ile«'iii('d 
 jjuiltv iif ft 
 Contempt of 
 the Court of 
 Chuncerv. 
 
 them, and to prnduci" upon such Examination any documents in their 
 Custody or Tower velatiiii? to tlie Charity or the Proi)erty thereof, and may 
 examine ujx)n Oath or otherwise all such rersons and all Persons voluntarily 
 attending?, aiul may ailminister such Oath : Provided always, that no Person 
 sliall he ohli<,'ed to tmvel in obedience to any such Requisition more than 
 Ten Miles from his Place of Abode. 
 
 [C. T. Act, 1856.] 8. All Requisitions made under the foregoing 
 Authorities shall he made respectively by the Order of the Board, or by 
 Precept, under the Hand of the Commissioner or Inspector* making the 
 pa me. 
 
 [C. T. Act, 1855. j 9. Any Person refusing or wilfully neglecting to 
 comply with any such Requisition, or with any Order of the Board, made 
 under the Provisions of this Act or the principal Act,f or destroying or 
 witiiholding any Doemnent re(iiiirc'l to l)o produced or transmitted by him, 
 shall be taken to be guilty of a Contempt of the High Court of Chancery, 
 and shall he liable to be attached and committed by such Coiu-t, on summary 
 Application by the (commissioners to the same Court or to any Judge 
 thereof, and shall pay such Costs attending such Contempt as the said 
 Court or .Tudi,'e shall direct: Provided always, that the Court may at any 
 Time dischari^e, on such Terms as it may deem just, any Person attached or 
 committed on any such Application, or on any Application made under 
 Section Fourteen of the principal Act.| 
 
 [0. T. Act, 1869. 1 9. The Board, if they think it desirable, where the 
 gross annual income of a Charity is in their opinion sufficient to bear the 
 expense, may, upon th(^ application of the TrustcM's or of any other person or 
 persons entitled to apply to them in that behalf, .... order the 
 costs incurred .... upon any intjairy by an inspector,* .... 
 to be provided in the same manner as if they were costs of a transaction 
 mentioned in section thirty-six of the Charitable Trusts Act, 1855. § 
 
 \^This section is printed in full at p. 26.] 
 
 [C. T. Act, I860.] 19. The Board may require any Person having the 
 Custody or Control of any Deed or Document in which any Charity or 
 Charities shall be solely interested to transmit the same to the Office of the 
 said Commissioners for Examination ; and where such Deed or Document 
 shall not be held by any Person entitled as a Trustee or otherwise to the 
 Custody theri^of, tiie Board may either retain the same, for the Security 
 thereof, in the Repository provided by them under the Sixty-third || Section 
 of "The Charitahle Trusts Act, 1853," or, as they may think most advan- 
 tageous to the Charity, may thereupon, or at any Time thereafter, return 
 or issue the same to the Trustees or Persons acting in the Administration 
 of the Charity, for the Purposes thereof. 
 
 Orders, to be [C. T. Act, I860.] 20. All Orders made by the said Board under 
 enforceaV.le the Provisions of this Act shall be enforceable by the same Means, and shall 
 as under ^^^ subject to the same Provisions, as are applicable under the Charitable 
 Trusts Act, 1853, and the Charitable Trusts Amendment Act, 1855, respec- 
 tively, to any Orders of the said Board made thereunder.^ 
 
 Employment 
 of persons to 
 prepare nnd 
 defend 
 scheme. 
 
 Power to 
 re(|uire tlie 
 Trnnt-niis- 
 sion of 
 Documents 
 Monging to 
 Charities. 
 
 {!).) DUTY OF TRUSTEES OF CHABITIES IN BEGABD TO 
 
 ACCOUNTS, ^c. 
 
 Accounts of [C. T. Act, 1853.] 61. The Trustees or Persons acting in the 
 Trustees ol Administration of cverv Charitv shall, in Books to be kept by them for that 
 
 Chanties to * l j 
 
 [• Xow " jissisfant Commissioners" or" Assistant Commissioner," as context may require. See 
 Charitable Trusts Act. I8.S7, sert. 2, subs. 3 (p. 13).] 
 
 [t I.e., llie Charitatilc Trusts Act, lb.53.] [J See preccdiny page.'] 
 
 r§ For this section, see p. 29.] [|1 Should be "Fifty-third" {seep. 4-2).] 
 
 [% See the Charitable Trtists Act, 1853, sect 14 {jJ. 19), and the Charitable Trusts Amend- 
 ment Act, 1855, sect. 9 {supra).']
 
 ACCOUNTS OF CHARITIES. 21 
 
 Purpose, regularly enter or cause to bo entered full and true Accounts of be delivered 
 all Money received and paid respectively on account of such Charity,* (tad *° -^^ Clerki 
 an or before the Twenty-fifth Day of March in every Year, or on or before q^^u!^^' 
 such other Day as shall or ynay be fixed and apjwinted for that Purpose by Clerks of the 
 the said Board, shall cause a Statement in Writing to be made of the I'eace, and to 
 Income and Revenues, lohether actually paid or then due, and the actual ^^^ i*oard. 
 Receipts and Expenditure of such Charity for the Year ending on the 
 Thirty-first Day of December then next preceding, or on some other con- 
 venient Day to be fixed and appointed for that Purpose by the said Board, 
 and also a Balance Sheet containing a clear Statement of the Balance of such 
 Account, tchich Statement and Balance Sheet respectively shall be certified 
 tinder the Sand of some One or more of such Trustees or Persons {and 
 audited by Ike Auditor rf such Charity, if any there be) ; and as to every 
 Charity ichose gross annual Incotne for the Time being shall not exceed 
 Thirty Pounds, every such Statement and Balance Sheet respectively, or a 
 Duplicate or true Copy thereof respectirely, shall be delivered or sent by 
 such Trmtees or Persons free of Charge to the Clerk of the County Court or 
 some One of the County Courts {if more than One) to whose Jurisdiction 
 such Charity may be subject under this Act {in case such Charily be subject 
 to the Jurisdiction of any County Court under this Act), or if such Charity 
 be not subject to the Jurisdiction of any County Court then to the Clerk 
 of the County Court for the District or any One of the Districts {if more 
 than One) wherein or nearest adjoining wliereto such Charity is established, 
 or the Property thereof {in whole or in part) is situate or adnwmtered and 
 distributed ; and as to every Charity whose gi-oss annual Income for the 
 Time being shall exceed Thirty Pounds, every such Statement and Balance 
 Sheet, or a Duplicate or true Copy thereof respectively {unless the said 
 Board shall otherwise direct), shall be delivered or sent free of Charge to 
 the Glerk of the Peace for the County or the Division of the County, or 
 some One of the Counties or Divisions of Counties {if more than One) in 
 which the Charity is established, or the Property thereof is wholly or 
 jjartially situated or administered and distributed ; and every stich Statement 
 and Balance Sheet, or a Duplicate or true Copy thereof respectively, shall 
 be kept and registered without Fee or Beicard by the Registrar (f County 
 Courts Judgments or tlie Clerk of such County Court, and the Clerk of the 
 Peace of sucli County or Division respectively , and shall be open to the 
 Inspection, of all Persons, at all seasonable Hours, on Payment of the Sutn 
 oj' One Shilling to the Registrar or Clerk for every such Inspection ; and 
 any Person may require and have a Copy of any such Statement and Balance 
 Sheet, or of any part thereof, paying therefor to such Registrar or Clerk 
 after the Rate of Twopence Jor every Seventy-two Words or Figures ; and 
 a Duplicate or Copy of every sucli Statement and Balance Sheet to be made 
 according to the foregoing Provision, so certified and audited as aforesaid, 
 shall be delivered or transmitted, througli the Post or otherwise, free of 
 Charge, by such Trustees or other Persons, to the said Board, on or before 
 the Twenty-fifth Day of March in every Year, or such other Day as may be 
 fixed and appointed by the said Board as aforesaid ; and the said Board 
 may from Time to Time by any Order direct that the Statement and Balance 
 Sheet, or a Duplicate or true Copy thereof respectively, of the Accounts of 
 any Charity whose gross annual Income exceeds Thirty Pounds shall be 
 delivered or sent to the Clerk of t/ie County Court in the same Manner 
 as if tJie Income of such Charity did not exceed Thirty Pounds ; and the 
 said Board may make and give such further and other Orders and Directions 
 in relation to the Delivery and Publication of such Accounts, and the Form 
 thereof, as they may think fit, which Directions and Orders shall be obligatory 
 on and obeyed by all such Trustees and Persons as aforesaid. 
 
 rC. T. Act, 1855. 1 44. Section !Sixty-one of " The Charifable Trusts Amendment 
 Act, 1^5'i," excepf so much thereof as enacts that the Trustees or Persons "'.'^y^'';.''!; *»^ 
 acting in the administration of every Charity shall, in Boohs to be kept by cl'13; /„nd*' 
 thenifor that Purpose, regularly enter or cause to be entered J'ull and true other' Pni- 
 AcGounts of all Money received and paid respectively on account of such vision mado 
 
 as to the 
 
 [• The rest of this section is repented hi/lhr Chnrilnhle Tnuts Amendment Act, 1855, sect. 44, 
 infra, \ 
 
 C3
 
 9S 
 
 kOCOVtitS OF CttARlTIRS. 
 
 Annual 
 Returns ot 
 Accounts by 
 Trust«>8 of 
 Charities. 
 
 C/Kirili/, hhiU be ,-eije<ilf(l <is tu all Arvoimts which such Trustees or 
 AdiniiiiHtnitors shall not have been hound to render before the passing of this 
 Jet ; and* tlic 'rrustfcs or Ailininistratorsol" every Cliarity shall, on or before 
 the IVeuty-hfth Diiy of Miui-h (Jnc thoiisaiul cii^ht hundred and tifty-six, 
 prepare and make out and transmit to the Board an Account of the 
 Kndownu'iits tlii'ii l)<'lnni:iuir r<i tlu- Clririty, showing in the Case of Realty 
 not in hand the .Manner in whieli the same is let or occupied, and in the Case 
 of Personalty the existini; Investment or Employment thereof, and in what 
 Names sucli Investments arc made; and such Trustees or Administrators 
 shall also on or before the 'i'wenty-tifth Day of March Tiext after \\w Acqidsi- 
 tion of any Endowment not included in tht^ forcf^oins: Account prepare and 
 make out, in like Manner, and transmit to tlie Board, a similar Account of 
 such last-nicntioiit'd Kndowmcnt, and in case of any Alienation, or Charge, 
 or Transfer of any Real or L'ersonal Estate of the Charity, shall on or 
 before tlie Twenty-fifth Day of March then next followin;? transmit to the 
 Board an Aceonnt of such Alienation, Cliartje, or Transfer, and such Trustees 
 or Administrators shall also, on or before the Twenty-tilth day of March in 
 every Year, or such other Day as may be fixed for tliat Purpose by the 
 Board, or .'is may have been already fixed for rendering the Accounts 
 thereof required by the jn-incipal Act, prepare, and make out the following 
 Accounts in relation tluTeto ; (that is to say,) 
 
 (1.) An Account of the gross Income arising from the Endowment, or 
 which ought to liave arisen therefrom during the Year ending on the 
 Tiiirty-tirst Day of December then last, or on such other Day as 
 may have been appointed for this Purpose by the Board : 
 (2.) An Account of all Balances in hand at the Commencement of the 
 Year, and of all Monies received during the same Year on account of 
 the Charitv : 
 (3.) An Account for the same Period of all Payments : 
 (4.) An Account of all Monies owing to or From the Charity, so far as 
 conveniently may be : 
 Which Accounts shall be certified under the Hand of One or more of the 
 said Trustees or Administrators, and shall be audited by the Auditor of the 
 Cliarity, if any ; and the said Trustees or Administrators shall, within 
 Fourteen Days after the Day appointed for making out such Accounts, 
 deliver or transmit a Copy thereof to the Commissioners at their Office 
 in L(mdon, and in the Case of Parochial Charities shall deliver another 
 Copy thereof to the Churchwarden or Churchwardens of the Parish or 
 Parishes with which the Objects of such Charities are identified, who shall 
 present the same at the next General Meeting of the Vestry of such Parishes, 
 and insert a Copy thereof in the Minutes of the Vestry Book ; and every 
 such Copy shall be open to the Inspection of all i)ersons at all seasonabk 
 Hours, subject to such Regulations as to the said Board may s(>(>m fit ; and 
 any Person may require a Copy of every such Account, or of any Part 
 thereof, on paying therefor after the Rate of Twopence for every Seventy- 
 two ^A'ords (u- Figures. 
 
 [Local Government Act, 1894 (56 & 57 Vict. c. 73.).] 14.— (C.) The 
 accounts of all parochial eh;u-ities, not ticinfj ecclesiastical charites, shall annually 
 be laid liefore the parish meetiiijj of any parish atfeeted thcreliy, and the Charitable 
 Trusts Amendment Act, 18.55, shall apply, with tlio substitution in section foity- 
 four of the parish meeting for the vestry, and of the chairman of the parish 
 meeting for the churchwardens, and the names of the beneficiaries of dole charities 
 shall be published annually in such form a.s the parish council, or where there is no 
 parish council, the parish meeting, think fit. 
 
 Board may 
 make Orders 
 aa to 
 
 Delivery and 
 Publication 
 ot Account.s 
 by Trustees, 
 kc. 
 
 [C. T. Act, 1855.] 45. The Board may from Time to Time make such 
 Orders as they may think lit in relation to the Delivery or Transmission of 
 the said Accounts, and the Forms of such Accounts, and such Orders shall 
 be executed by all Trustees and Persons from whom the Accounts to which 
 they may relate are required. 
 
 [• Repealed by the Statute Law Revision Act, 1875 (38 Sf 39 Vict. c. 66.).]
 
 POWERS OF ADVICE. AJiUVriiAL POWERS. 28 
 
 v.— Provisions conferring on the Charity Commissioners 
 Powers of Advice, and Arbitration, and of autho- 
 rizing the Compromise of Claims by or agaiiist 
 Charities, the Acquisition of Land, the Application 
 of Funds, and certain other Acts of Trustees. 
 
 (a.) POWEBS OF ADVICE. 
 
 [C T. Act, 1853.] 16. The said Board shall receive and consider all Board to 
 
 - - ■ - " ~ ■ ~ entertain 
 
 licatiODS 
 
 Apiilications which may be made to them bv any Trustee or other Person entertam 
 
 having any Concern in the Management or Administivitlon of any Charity, for their 
 
 for their Opinion, Advice, or Direction respecting sucii Charity, or the Opinion or 
 
 Management or Administration thereof, or the Estates, Funds, Property, or Advice. 
 
 Income thereof, or the Application thereof, or any (Question or Dispute 
 
 relating to the same respectively, and, if they so think fit, may, upon any 
 
 such Application, give such Opiniim or Advice as they think expedient, 
 
 subject to any .Judicial Order or Direction which may be sul)se([uently made 
 
 or given by any competent Court or Judge; and such Opinion or Advice 
 
 shall be in Writing, signed by Two or more of the said Commissioners, 
 
 and sealed with the Seal of the said Commission;* and every Trustee and Persons 
 
 other Person who shall act upon or in accordance with the Opinion or acting on 
 
 Advice "iven by the said Board shall in respect of so acting be deemed and ^ i^.° u 
 , , ^ r i 1 • T-. 1 jv, 1 1 ■ 1 Board to be 
 
 taken, so far as respects his own Ilosponsibuity, to have acted \n accordance indemnified. 
 
 with his Trust ; and no sucli .Judicial Order or Direction subsequently made 
 
 or given by any Court or .Judge shall have any such retro.><pective Eflfect as 
 
 to interfere witli or inipair the Indemnity by this Act given to Trustees and 
 
 other Persons who have acted upon or in accordance with such Opinion 
 
 or Advice of the said I3oard : Provided always, that nothing herein contained 
 
 sliall extend to indemnify any Trustee or other Person for any Act done in 
 
 accordance with the Opinion or Advice of the said Board, if such Trustee 
 
 or other Person have been guilty of any Fraud or wilful Concealment or 
 
 Misrejjresentation in obtaining such Opinion or Advice. 
 
 [C. T. Act, 1853.] 19. Provided also, that .... the said Board, J,'"^;*^,,';"/-''- 
 before giving any such Opinion, Advice, or Direction upon any such Appli- Report of an 
 cation as aforesaid, .... , mav, wliere local Inquiry appears to tlieni inspector, au- 
 
 , * ' . * thonzi' Pro- 
 
 to be requisite, cause such Inquiry to be made by Out- of tlieir liiNp('ct()r>< ;-\ eel-ding's where 
 and the said Board may, in any Case wiiere they see fit, before acting upon the °" -''"'"* ''" 
 
 .' ' .' , T-» ' 1 1 ■ 1 i> 1 1 T bieii gn en to 
 
 Report ot any li/fip('c/or,j- cause sucli Eejmrt to be deposited for local Jns])ee- them, and mny 
 tion, and give Notice of the same being so deposited, and consider any State- J^,°e"io^,^^u- 
 raents or Objections which may be transmitted to them in relation thereto. .luirirs i>y their 
 
 l^T/iis section is prhitQil in full al p. 60.] 
 
 InsiiectiT. 
 
 (/>.) ARBITRAL POWERS. 
 
 [C. T. Act, 1853.1 64. Provided also, That if any Question or nispntes 
 Dispute sliall arise ainonii' the Members of auv Charity creinntcd from the '""'^'"S 
 Operation of lhii< Arl\ in relation to any Ollice, or the I'itness or Distjuulili- .'.i^mpied 
 cation of any Trustee or Officer, or his Election or ileiiu)val, or generally in Chnriiles 
 relation to the ManaLrement of the Charity, it shall he lawful for Two mayU- 
 Thirds of the Meinhcrs present at any Sjitcial Meeting, duly convejied by '» "["^'^ 
 Notice for the l^urpose in the sajuc Manner in which ^Meetings of such ofCom 
 Charity are by the Utiles thereof appointed to be held and convened, to refer sioneni 
 such Question or Dispute to the Aihitratioii of the Commissioners, who 
 
 [* "But sec now Charitable Trusts .Inn mlmciit .id, IS.'i.j, .?<■(/. 1 ^ y>. l(i), ,tnu ( i>arilii()ie 
 Trusts Act. 1887, sect. 3 (p. 16).] 
 
 [f Note '^ Assixlant Coiiimissioner" or " .■Issistniif Commisiioilers," as context may require. 
 See Charitable Trusts Act, 1887, sect. 2, subs. 3 (/'. 13).] 
 
 [J Repealed by the Statute Law Bevision Act, 1875 (38 ^ 39 Vtct. c. 66.).j 
 
 C4 
 
 ;1 to 
 .\rbitnition 
 onimis-
 
 u^ 
 
 compbomisk; acquisition of land. 
 
 Application 
 
 of Sect. 64. 
 
 of 
 
 16 & 17Tict. 
 
 c. 137. 
 
 Power to 
 ascertain 
 
 JiAIIllB 
 
 charged with 
 Kents to 
 Charities. 
 
 shall accept such Rcfercnt'C and act therein as Arbitrators, and their Award 
 shall be final, and may be made a Rule of Uer Majesty's High Court of 
 Chancery. 
 
 fC. T. Act, 1855.1 46. The Sixty-fourth Section of the principal Act 
 shall apply as well to Meml)ers of any Cliarity within the Operation of that 
 Act as to Members of any Charity exempted from the Operation thereof. 
 
 [C. T. Act, 1855. 1 33. Wliere there shall be Uncertainty as to the 
 specilie I'art of any Lands out of which any Kent, Annuity, or other 
 ])eriodieal Payment, not exceeding the yearly Sum of Ten Pounds, charged 
 upon some part of the same Lands, for the Benefit of a Charity, shall 
 be payable, it siiall be lawful for the Hoard, upon the Application of the 
 Trustees or Persons acting in the Administration of the Charity, and with 
 the Cons(>nt of the Persons interested, according to the aforesaid Definition 
 of " Persons interested,""' in the same Lands, to determine by their Order 
 t\w Ljind charged with sucli Rent, Annuity, or other periodical Payment, 
 which siiall Ihcneefurtli stand eliargcd Avith sueli Rent, Annuity, or periodical 
 Payment accordingly, to the Exoneration of the Residue of such Lauds 
 therefrom. 
 
 Ex]>enBe.s of 
 Exclian{;es 
 and Parti- 
 tions, and 
 determining 
 Application 
 of Charges. 
 
 I C. T. Act, 1855. 1 34. The Expenses incident to the Application for 
 and ])ro(,'iiring of any such .... Order determining the Land 
 eliarged with any Rent, Annuity, or ])eriodical Payment, shall be ])aid by 
 the Trustees or Administrators of the Charity, or by the other Parties to 
 such Transactions, or by both, as the Board may direct. 
 
 [Z7//« section is j)riiiie(l in full in Ai)petidix, No. 1, p- 71-.] 
 
 Boanl may 
 Banctiou 
 Compromise 
 of Clnims on 
 behalf of 
 Charity. 
 
 (c.) POWERS OF AUTHORIZING TEE COMTROMISE OF 
 CLAIMS BY OR AGAINST CHARITIES, THE ACQUISI- 
 TION OF LAND, THE APPLICATION OF FUNDS, AND 
 CERTAIN OTHER ACTS OF TRUSTEES. 
 
 [C. T. Act, 1853. J 23. If in any Case it appear to the Trustees or 
 Persons acting in the Administration of any Charity that any Claim or 
 Demand or Cause of Suit against any Person in relation to such Charity 
 may, with Advantage to the Charity, or should, under the special Circum- 
 stances of the Case, be compromised or adjusted without taking or without 
 continuing any ])roecedings at Law or in Equity, such Trustees or Persons 
 may, or the Person against w^hom such Claim, Demand, or Cause of Suit 
 exists or is alleged to exist, may, ^vith the Consent of the Trustees or 
 Persons acting in the Administralicn of such Charity, submit to the said 
 Board a Statement and Proposal for such Compromise or Adjustment ; and 
 if it appear to the said Board after such Inquiry in relation thereto by 
 one of tlicir Iiispfc/ors,-]- as they may deem requisite, or otherwise, that such 
 i'rojjosal, either witli or without any ^Modification, is fit and proper, and for 
 the Benefit of the Charity, it shall be laAA ful for the said Board to make such 
 Order for and in relation to such Compromise or Adjustment as they may 
 think fit; and upon the due Performance; of the Terms and Conditions of 
 such Compromise or Adjustment as aforesaid, such Agreement J shaU be a 
 final Bar to all Actions, Suits, Claims, and Demands by or on behalf of the 
 Charity concerned therein, in respect to the Cause of Action, Suit, or 
 Matter in respect to which such Compromise or Adjustment shall have been 
 made. 
 
 [• The Act contains no such '' aforesaid dtfinition." The definition referred to was contained 
 in clause 41 of the Hill, as brow/ hi from the House of Lords, which was struck out in Committee 
 of the House of Commons.] 
 
 [t A'oio "Assistant Commissioners." See Charitable Trusts Act, 1887, sect. 2, subs. 3 
 (p. 13).] 
 
 [% There ts no previous mention of an ''Agreement." The concluding paragraph of this 
 section from " and upon the due performance," was not in the Bill as jjresented by the Lord 
 Chancellor, but was introduced by a Select Committee of the House of Lords. The section, with 
 this exception, was unaltered during the passage of the Bill through I'arliament,}
 
 AUTHORISING ACTS OF TRUSTEES. %i 
 
 [C. T. Act, 1855.] 31. The Twenty-third Section of the principal Extension of 
 Act shall extend to autliorize a Compromise or Adjustment of nnj Claim, |'<"»^ej- of 
 Demand, or Cause of Suit against any Cliarity, or the Trustees or Adininis- Compromise 
 trators thereof, and the Order of the Board in relation thereto shall have of Claims, 
 the like Eff(!Ct as in the Case of any Compromise or Adjustment for which 
 Provision is made hy the said Section. 
 
 Er( 
 
 Jrlay£,>v, ^. „,..>.. ....j,|,„x.^wi>,,.^, .,, iwi >,.iv. a.i..|^v7,^o wi «ii_> vji.a,i.i_y, .-/<« purchase 
 
 the Trudlecs of the Cluiritif shall be legally aulhorized to purchase and hold Sites for 
 such Land* hut by reason of the Disability of any Person having an Estate Building 
 or Interest in such Laud, or of any Defect in Title thereto, a valid and [T" ^";°«'s 
 perfect Assurance of the same J^and cannot be made to the Trustees of ability, &c. 
 the Charity in the ordinary Manner, it shall be lawful for the Trustees of according to 
 tlie Charity, with the Sant-tion of the said Board (such Saiiction to be the Pro- 
 certified under the Hand of their Secretary-}-), to take and purchase such j'^'"!'* "' 
 Land according to the Provisions of " The Lands Clauses Consolidation Act, ciausL Con- 
 1846 ; " and for that Purpose all the Clauses and Provisions of the last- solidation 
 mentioned Act with respect to the Purchase of Lands by Agreement, and -A-ct, 18-45. 
 with respect to the Purchase Money or Compensation coining to Parties 
 having limitc^d Interests, or prevented from treating, or not making a Title, 
 and also with respect to Conveyances of Lands, so far as the same Clauses 
 and Provisions respectively are applicable to the Cases contemplated by this 
 Provision, shall be incorporated in lliis Act ; and in all Cases contemplated 
 by this Provision, the Expression '"the Special Act" used in the said 
 Clauses and Provisions of the said " Lands Clauses Consolidation Act" shall 
 be construed to mean this Act; and the Expression " the Promoters of the 
 Undertaking," used in the same Clauses and Provisions, shall be construed 
 to mean the Trustees of the Charity in question. 
 
 [C. T. Act, 1855.] 41. Section Twenty-seven of " Tlic Charitalde Construction 
 Trusts Act, 1853," shall be construed and operate as if the AVords "and ^'.^'-''^rj-of 
 " the Trustees of the Charity shall be legally authorized to purchase and ,.''13-' ""'' 
 " hold such land " had been omitted therefrom; and incorporated Trustees 
 of any Cliarity shall bo competent to purchase and hold Lands for the 
 Purposes mentioned in the same Section without Licence in Mortmain. 
 
 or Partition, J or in Payment of any Expenses incident thereto, or may jv,|'"i'i"v ^f 
 
 authorize the Trustees to raise any Money for such Purposes by Mortgage Kxolmn'<;i- or 
 
 of any Land acquired on such Exchange or Partition,! or belonging to tlie Partition, 
 Charity. 
 
 [C. T. Act, 1855.] 35. Any incorpomtod Cliarity, or the Trustees of incorporated 
 any Charity, whether incorptn-ated or not, may, with the Consent of the Clmntios 
 Board, invest Money arising Irom any Sale of Land belonging ♦!> the Cliarity, j"" (^•i|a"*[i^g* 
 or received by way of Equality of Exchsinge or Partition, j in the Purchase of „my r.'-invcst 
 Land, and may hold such Land, or any Land acquired by way of Kxclian-jce or in Land. 
 Partition,! for the Benefit of such Charity, without any Licence in Mortmain. 
 
 [0. T. Act, I860.] 15. The Power vested in the s:iid Hoard by tli.- .-...i.-i.of 
 Tweuty-first Section of "Tlie Charitable Trusts Act, lSr.;5,"§ of authorizing 16.*:j7Vici 
 tho Application of Clonics belonging to any Charity or to be rai.^-ed on the 
 Security of the Properties thei-eof, to the Improvement of such Pi-operties, 
 
 [* Repealed by i/iv Sluliitc Ltnr /{irisioii Act, 1S7.'> (.38 .V M I'ict. r. <>(>.).] 
 
 if JJiit set' now Cliaritablc Trusts AnwiidiHcnt Act, ISoo, sect. 4 (p. \\i), and Charitable 
 Triiffs Act, 1887, sect. 3 (p. 16).] 
 
 [■*■ Xcitlicr this Act nor the Act of ISo."? contains any section empoiccrinif the Commission 
 to authorize partitions. Clauses ninnbcrcd 39, M,and\'l were iiUrodiicrd for t/iat piirpo.<:e i 
 the Hill of \^ho, as presented by the Lord Cliancellor. Iiut iccre struck out in Committee of nm 
 House of Commons. As rcyards E.rchanijes, see Charitable Trusts Act, \^b,\, sect.2\ (/), 2.S).J 
 
 [§ For this section see p. 27. J 
 
 U 91117. D 
 
 c. 137 
 
 extended. 
 
 .<tstoners 
 nio 
 of the
 
 u 
 
 DEALINGS WITH REAL ESTATfi. 
 
 shall extend to authorize the Application of any like Monies to any other 
 Purpose or Object which the Board shall consider to be beneficial to the 
 Charity or the Estate or Olijects thereof, and which shall not be inconsistent 
 with the TrustB or Intentions of the Foundation. 
 
 Emplorment [C. T. Act, 1869.1 9. Tlic lioard, it they think it desirable, where the 
 
 of |..isons to j,,.,,ss aimuiil iucoiue of a eharity is in tlicir opinion sufficient to bear the 
 
 ST '""^ expense, may, upon the application of the trustees or of any other person or 
 
 scheme. persons entiUed to ai)ply to tliein in tliat behalf, emjdoy or may authorise 
 
 the tiuslees or persons act ini,' in tin- administration of sucdi cliarity fo emjdoy 
 
 skilled and competent persons to prepare any scheme, order, statement, or 
 
 other proceed i 111; for tlie piu'pnses of lii;> Cliaritable Trusts Acts, 1853 to 1809, 
 
 Willi respect Id such charity, or to make or assist in any survey or local inquiry 
 
 with reference thereto, and may order the costs incurred imder this section 
 
 or ujion any inquiry by nil hiltpector* or in consequence of tlie employment 
 
 of any person to appejir on l)eliall"of the respondent upon any appeal ai^ainst 
 
 any scheme or order, to be ])rovided in the same manner as it" they w-ere 
 
 costs of a tmnsaction mentioned in section thirty-six of the Charitable 
 
 Trusts Act. lS55.t 
 
 VI.— Provisions conferring on the Charity Commis- 
 sioners a control over dealings with the Real Estate 
 of Charities, and facilitating those dealings. 
 
 Kestrictions 
 of Clini^es 
 and Leivies 
 1)1' UUiirity 
 Estates. 
 
 No ProTJ-Hion in 
 liny Act of Pnr- 
 liiiment, or 
 Docroo rolatinjr 
 to any Cli&rity 
 under any OnJer 
 of the Court of 
 Chancery, to 
 exclude any 
 Jurisdiction 
 
 [C. T. Act, 1855. 1 29. If. shall not be lawful for the Trustees or 
 Persons acting in tlie Administration of any Charity to make or grant, other- 
 wise than witli the express iVutliority of Parliament, under any Act already 
 passed or which may hereafter be passed, or of a Court or Judge of com- 
 petent .Jurisdiction, or according to a Scheme legally established, or Avith 
 the Approval of the JJoard, any Sale, ]Mortgage, or Charge of the Charity 
 Estate, or any Lease thei-eof in reversion after more than Three Years of 
 any existing Term, or for any Term of Life, or in consideration wholly or 
 in part of any l*'ine, or for any Term of Years exceeding Twenty-one Years. 
 
 LC. T. Act, 1862.1 AVJIEREAS by the Acts relating to the Charity 
 Commissioners for J-^ngland and AVales, Authority has been given to the 
 Commissioners to make Orders for various Purposes in Charity Cases upon 
 summary A])])lieation, and [laiticularly in relation to ... . the Sale, 
 Exehange, Leasing, and Improvement of the Property of Charities : And 
 whereas in various Private Acts of Parliament and Decrees and Orders of the 
 High Court of Chancery relating to Charities such Powers and Authorities 
 are often given or reserved, with Directions that the same shall be exercised 
 by the said Court, or with its Sanction or Approbation and Doubts are 
 entertained whether in such Cases the Authority given to the Charity 
 Commissioners can be validly exercised : Be it therei'oi'e enacted and declared 
 by the Queen's most Excellent Majesty, by and loiih the advice and consent oj 
 tlie Lords ISjii ritual and Temporal, and Commons, in this present Parliament 
 assembled, and by llic authority of I he sanieX as follows : 
 
 1. No Provision contained in any such Act of Parliament or Decree or 
 Order as aforesaid .... for or relating to the Sale, Exehange, Leasing, 
 Disposal, or Improvement of any Property, by or under the Order or with the 
 Approval of the Court of Chancery, sliall (in the Absence of any express 
 Direction to the contrary, to be contained in any future Act of Parliament, 
 
 [• Now " Assistant Commissioner." Sec the Charitable Trusts Act, 1887, sect. 2. sub-sect. 3 
 {p. 13).] 
 
 [f For t/iu! sectwii see p. 29.] 
 
 ll Repealed by t/ie Statute Law Jievision Act, 1893 (56 Vict. c. 14.).]
 
 DEALINGS WITH KEAL ESTATE. fff 
 
 Order, or Decree,) exclude or impair any Jurisdiction or Authority' which whjchni,ght 
 might otherwise be properly excicised for the like Purposes by the Charity «e?dSfb^ 
 Commissioners for England and Wales. " cim''m«mS^en. 
 
 [This section and the preamble are printed in full in Appendix, No. 1, 
 p. 76.] 
 
 [C. T. Act, 1853.] 21. If in any Case it appear to the Trustees or Bourd may 
 Persons for the _Tirae being acting in the Administration or Management s»°ction 
 of any Charity, or the Estates or Property thereof, that any part of the l"^!^^"^ 
 Charity Lands or Estates may be bcnelicially let on iJuildiug, Repairing, working 
 Improving, or other Leases, or on Leases for working any Mine, or that Mine:?, doing 
 the digging for or raising of Stone, Clay, Gravel, or other Minerals, or li*^P''iis "u*! 
 the cutting of Timber, would be for the Benefit of the Charity, or that it ^•"P'"^'-'- 
 would be for the Benefit of such Charity that any new Iload or Street should 
 be formed or laid out, or any Drains or Sewers made through any Part of 
 the Charity Estates, or that any new Bitilding should be erected, or tliat 
 any existing Building shouUl be repaired, altered, rebuilt, or wholly removed, 
 or that any other Improvements or Alterations in the State or Condition of 
 the Lands or Estates of such Charity should be made, it shall be lawful 
 for such Trustees or Persons to lay before the said Board a Statement and 
 Proposal in relation to any of the Matters aforesaid ; and it shall be la^-f ul 
 for the said Board, if they think that the Leases or Acts to which the 
 Statement and Proposal relate (with or without Modifications or Alterations) 
 would be beneficial to the Charity, to make such Ordi-r under their Seal for 
 and in relation to the granting of such Leases, or the doing of any other such 
 Acts as aforesaid, and any Circumstances connected therewith, as they may 
 think fit, although such Leases or Acts respectively shall not be authorized 
 or permitted by the Trust ; and the said Board, by any such (Jrder, may » "1 may 
 authorize the Application of any ]\lonies or Funds belonging to the Charity ""'h"""'z« tl>o 
 for any of the Purposes or Acts aforesaid, and, if necessary, may authorize onh^" '**° 
 the Trustees to raise any Sum of Money by ^Icirtgage of all or any Part of Cliarity 
 the Charity Estates ; provided that compulsory Provisions be reserved in Funds or the 
 every s/tch Mortgage for the Paymrnt of the Priticipal Money borrowed !^'|"*"'K of 
 by annual Instalments, and for the liedempfion and Re-conveyance of the Mortga°P 
 mortgaged Estates, within the Period of not more than Thirty Years. for those 
 
 Pur|)oses. 
 
 [C. T. Act, 1855. J 30. So much of Section Twenty-one of the principal Sinking 
 Act as requires a comj}n/sory Provision to be inserted in every Mortgage for I*""'|'<'be 
 the Payment of the Principal Money borrowed by annual Instalments, and pavln'r'^oir*''^ 
 for the liedempfion and Reconveyance of the mortgaged l^stafe-i nithin the Mortgages 
 Period of not more than Thirty Years, in hereby repealed; hut* the ]?oard .'"''';"'. "f. 
 authorizing anv Mortgage to be made of anv Charity Estate shall make such ;'""'"*'f" "> 
 Provisions, by the same or any other Orc'tM-, as to them may seeni necessary, Doi-dl. 
 for directing the Trustees or Persons administering the Charity to discharge 
 the Principal Debt or any Part thereof by such yearly or other Instalments 
 within 'lltirty Years from the Date of the Security as to the said Board may 
 seem fit ; or to form an Accumulation or Sinking Fund out of the Income 
 of the Charity for discharging the Principal Debt or any Portion thereof 
 within the same Period, and shall give Directions as to the Investment and 
 Accumulation of such Fund, and the Trustees for the Time being, or 
 Persons administering the Charity, shall carry such Order into elfect. 
 
 [C. T. Act, 1860.J 15. The Power vested in the said Board by the Siti. 21 d 
 Twenty-first Section of " The Charitable Trusts Act, 1858," of authorizing th.- ^'[•'^i^^'*-'^- 
 Application of Monies belonging to any Cliarity or to be raised on the 
 Security of the Properties tln-reof, to the Improvement of such Projierties, 
 shall extend to authorize the Application of any like Monies to any other 
 Purpose or Object which t lie Board shall consider to be beneficial to the 
 Charity or the Estate or Objects thereof, ami wlii li sh.iil vnt !).• inconsistent 
 witii the Trusts or Intentions of the Foundation. 
 
 [• Repealed by the Statulr f.aw Revision Act. 1875 (38 & ."^f) I'irt. c. if. i 
 
 D 1 
 
 oztended.
 
 S8 
 
 DEALINGS WITH REAI. ESTATE. 
 
 UoMnl raiiy 
 
 Scheiiii's for 
 lettin-; 
 Chiiritablo 
 Property. 
 
 Hoikrd, 
 
 under sitecial 
 Circiini- 
 sUtni-vs, mny 
 authoriiiv 
 Sale or 
 En-hnii'je 
 of Cli:iril_v 
 Lands. 
 
 IC. T. Act, 1855.! 39. It shall bo lawful for the Board to prepare, 
 and iiiuli-r th.'ir seal to api)rovc of, any Scheme for the letting of the 
 Property or any Part of the Property of any Charity ; and all Leases granted 
 by any Tnistees or Persons acting in the Management of any Charity, 
 pursiumt to or in conformity with such Scheme, shall be valid. 
 
 I C. T. Act, 1853.] 24. Upon Application to the said Board by the 
 Trustees or Persons acting in the Administration of any Charity, representing 
 to the said Poanl that, nnder the s])ecial Circumstances of any Land 
 belongiui,' to the Charity, a Sale or Exchange of such Land can be ellected 
 on such Terms as to inc'reasc the Income of the Charity, or would otherwise 
 l)e advantageous to the Charity, .«uch Board may, if they think lit, inquire 
 into such Circumstances, and 'if after Incpiiry they are satisfied that the 
 propo.sed Sale or Exchange will be advantag(;ous to the Charity may authorize 
 the Sale or Exehans,'P, and give such Directions in relation thereto, and for 
 securing the due investment of the Money arising from any such Sale, or by 
 May of Equality of Exchange for the Benefit of the Charity, as they may 
 think lit. 
 
 Board may [ C. T. Act, 1853.J 25- The said Board shall have Authority, upon 
 
 autliorizo the sucli Application as aforesaid, to authorize the Sale to the Owners of the 
 
 Rodempiion j^,j,j cliari,'ed tlierewith of any llentcharge. Annuity, or other periodical 
 
 chargS" Pavment charged uiH)n Land 'and i)ayable to or for the Benefit of any 
 
 Charity, or applicable to Charitable Purposes, upan such Terms and 
 
 Conditions as they may deem beneficial to the Charity, and to give such 
 
 Directions for securing* the due Investment of the Money arising from such 
 
 Sale for the Benefit of the Charity, or for securing the due Application 
 
 thereof to such Charitable Purposes, as they may think fit ; and in like 
 
 IManner the Trustees of any Charity, with the Consent of the Board, may 
 
 purchase any Hentchnrge "or other yearly Payment to which the Charity 
 
 Estate is or siiall be liable. 
 
 Leases.Salcs [C. T. Act, 1853.] 26. Tiic Leases, Sales, Exciianges, and other 
 &c.8iitho- Transactions authorized by such Board under the Powers of this Act shall 
 rizedby the 1^,^^.^ ^|,p jji-g j^jVcct and Validity as if thev had been authorized or directed 
 BmvA to be ^^^ ^^^^ express Terms of the Trust affectiAg the Charity. 
 
 Leases, &c. 
 to be viilid, 
 not wit li- 
 sfnnding 
 disabling 
 Acts. 
 
 [C. T. Act, 1855.] 38. All Leases, Sales, Exchanges, Partitions,* and 
 Transactions authorized by the Board under the principal Actf or this Act 
 sliall be valid and effectual, notwithstanding tlie Act of the Thirteenth Year 
 of the Reign of Queen Elizabeth, Chapter Ten, the Acts of the Fourteenth 
 Year of the same Queen, Chajjters Eleven and Pourteen, the Acts of the 
 Eighteenth Year of the same Queen, Chapters Six and Eleven, the Act of the 
 Tliirtv-ninth Year of the same Queen, Chapter Five, and the Act of the 
 Twenty-first year of the Reign of King James the First, Chapter One, or any 
 disabliiig Act ai)plicable to the Charity the Estates Avhereof shall be the 
 Subject of any such Transaction. 
 
 [C. T. Act, 1855.] 32. The Board may authorize the Application of 
 
 any Funds belonging to any Charity in i'ayments for Equality of Exchange 
 
 P-iymeut for oi-^pj^rtition,* or in Payment of any Expenses incident thereto, or may 
 
 Excbiliffe or authorize the Trustees to raise any Money for such Purposes by Mortgage of 
 
 Partitiou. any Land acquired on such Exchange or Partition,* or belonging to the 
 
 Charitv. 
 
 Board may 
 authorize 
 
 Expenses of 
 Exchanges 
 and Parti- 
 tions, and 
 determining 
 Application 
 of CharKea. 
 
 [C. T. Act, 1855.] 34. The Expenses incidental to the Application 
 for and procuring of any such Order of Excliange or Partition* .... 
 shall be paid by the Trustees or Administrators of the Charity, or by the 
 other Parties to such Transactions, or by both, as the Board may direct. 
 
 [T/j/« section is printed in full in Appendix, No. 1, ])■ 74.] 
 
 [* Xcil/icr this Act, nor the Art of 1853 contains any section empoioering the Commissioners 
 to aiilhorisr partitions. C/auses numbered 39, 41, and 42 were introduced for that purpose into 
 the Bill of 1855, as presented btj the Lord Chancellor, but were struck out in Committee of the 
 House of Comynons.] 
 
 [t i.e., the Charitable Trusts Act, 1863.]
 
 DEALINGS WITH REAL ESTATE. 29 
 
 [C. T. Act, 1855.] 35. Any incorporated Charity, or the Trustees Incorporated 
 of any Clmrity, whether incorporated or not, may, with the Consent of the J^lwrities aud 
 Board, invest IMouey arising- from any Sale of Land helonging to the Charity, ci',a|'{**'* "'^ 
 
 ities 
 
 or received by way of Equality of Exchange or Partition,* in the Purchase of mayrp-invest 
 Land, and may hold sucli Land, or any Laud acquired by way of Exchange or iu Land. 
 Partition,* for the Benefit of such Charity, Avithout any Licence in ^Mortmain. 
 
 [C. T. Act, 1855.] 36. All Orders of the Board for the Investment Or.ier of 
 
 of Monev coming to any Ciiaritv or the Trustees thereof on any Sale, j^°'"''* ^'"" 
 
 Exchange, or Partition* sliall be carried into effect by the Trustees or Jo bT(^S 
 
 Persons administering the Charity ; and all Monies which the Board shall i„to effect, 
 
 order to be provided out of any Income or Property of a Charity for the and Cost to 
 
 Payment of the Costs of any such Transaction sliall be provided or raised by ^® ra'sed. 
 the Trustees or Administrators of the Charity, and applied accordingly. 
 
 [0. T. Act, 1855.] 37. It shall be lawful for the Board to authorize Board may 
 or order aiul direct the Oflicial Trustee of Charity Lands .... to directOfficial 
 
 Trustees to 
 convey 
 
 \_T/us section is printed in full in Ai)pendix, No. \, p. 74.] Lands, &c. 
 
 convey Lands as the Board shall think expedient. convey 
 
 [C. T. Act, 1855.] 16. The acting Trustees of every Charity, or the Power to 
 Majority of them, provided that such ^Jajority do not consist of less than noting 
 Three Persons, shall have at Law and ia Equity Powx^r to grant all such ,o ^^,^t* 
 Leases or Tenancies of Land belonging thereto, and vested in the OlTicial Leases. 
 Trustee of Charity Lands, as they would have Power to tri-int in the due 
 Administration of the Charity if the same Land were leijallv vested in 
 themselves ; and all Covenants, Conditions, and Remedies contained in or 
 incident to any Lease or Tenancy so granted shall be eiiforceable by and 
 against the Trustees or Persons acting in the Administration of ihe Charity 
 for the Time being, and their Alienees or Assigns, in like Manner as if such 
 Lands liad been legally vested in the Trustees granting such Lease (jr Tenancy 
 at the Time of the Execution thereof, and had legally I'emained iu or luid 
 devolved to such Trustees or Administrators for the Time being, their Alienees 
 or Assigns, subject to the same Lease or Tenancy. 
 
 [C. T. Act, i860.] 16. A Majority of Two Thirds of the Trustees A Majority 
 of anil Chitritii assembled at a Meeting of their Bodti dulii constituted, and <'f Trustees 
 
 7 • D tit ■ i< 1 n I -r> ft- tr 1 to have legal 
 
 liamng rower to determine on any oate, ±jxcliange, Fartilwn, Murlyaye, po„erof 
 Lease, or other Dii^positioji of any Property of the Charity, shall also hace dealing with 
 a legal Power, on behalf of themselves and their Co-trustees, and also of the the Charity 
 Official Trustee of Charity Lands, where his Concurrence would be otherwise ^'''*'®*- 
 required, to do, enter tnto, and execute all such Acts, Deeds, Contracts, and 
 Assurances as shall be requisite for carrying any such Sale, Exchange, 
 Partition, Mortgage, Lease, or Disposition into legal Effect, and all such 
 Acts, Deeds, Contracts, or Assurances shall have the same legal Effect as if 
 the same were respectively done, entered into, or executed by all the acting 
 Trustees for the Time being, and by the said Official Trustee. ^ 
 
 [C. T. Act, 1869.] 12. Where the trustees or persons acting in the Leyal power 
 administration of any charity have power to determine on any sale, exchange, °|! "">jof'tj 
 partition, mortgage, lea.-e, or other disposition of any pro])erty of the charity, to.l.ai with 
 a majority of those trustees or persons who are present at a meeting of their e Imrity 
 body duly constituted and vote on the question shall have and be deemed to estates, 
 have always had full power to execute and do all such assurances, acts, .•ind 
 things as may be re(iuisite for carrying any such sale, exchange, partition, 
 mortgage, lease, or disposition into effect, and all such assurances, acts, and 
 thinijs shall have the same effect as if they were respectively executed and 
 done by all such trustees or persons for tlic time brinu'' nnd liv i]i(> itllicial 
 trustee of charity lands. 
 
 [• Neither t/iit Act, nor the Act of IS.'iS contains ant/ section empotrcring tlie Commissiontr* 
 
 to aiilhori\c piirfitions. Clnusfs iiiiinbrred XK 41, and V2 irere intriidiiirit for iliat purpose hit a 
 the Hill of ISi'iJ, ns presented hy the Lord Chaiiretfor, tint were ttriick out in 1't.minitttr <;/' ihc 
 House of Ci'ihiitonsA 
 
 [t JUpcakd by C/taritablc Trusts Act, 1860, stcl. 17 (p. 72).] 
 
 D3
 
 80 
 
 PRESERVA.TION OF CHABITY PEOPKRTT. 
 
 VII.— Provisions as to the Preservation of Charity 
 Property by means of— 
 (1.) THE OFFICIAL TRUSTEE OF CHARITY LANDS; 
 (2.) THE OFFICIAL TRUSTEES OF CHATilTABLE FUNDS; 
 
 (3.) THE VESTING OR TRANSFER OF PROPERTY OTHER- 
 WISE THAN BY ORDER OF A COURT OR JUDGE; 
 
 ^4.) THE DEPOSIT FOR SAFE CUSTODY AND THE ENROL- 
 MENT OF DEEDS, WILLS, OR DOCUMENTS ; 
 
 (5.) THE EXEMPTION FROM INCOME TAX OF DIVIDENDS 
 UPON STOCK IN THE PUBLIC FUNDS. 
 
 (6.) THE TAXATION OF BILLS OF COSTS. 
 
 (1.) THE OFFICIAL TRUSTEE OF CHARITY LANDS. 
 {(1.) Coustitntion of the Official Trustee of Charity Lands. 
 
 S..crotnry to [C. T. Act, 1853.] 47. The Secrctaiy for the Time being of the said 
 
 bi; Tmi>nrer Board shall In virtue of his A])])ointment be the Treasurer of Public 
 
 of fhiiriiies ; Charities ; and such Treasurer shall for the Purposes of taking, holding, 
 
 *urei- loTc « eonveyinsr, assigning, transferring, and transmitting Ileal Property, including 
 
 Corporation Leaseholds for Lives or Years, be a Corporation Sole by the Name of " The 
 
 Treasurer of Public Charities," and by that Name shall have perpetual 
 
 Succession, and plead and be impleaded before all Courts, .Justices, and 
 
 others. 
 
 The Officinl 
 'Irustcf of 
 Charitj 
 LddiI.s con- 
 Htituted. 
 
 [C. T. Act, 1855. J 15. Tbe Secretary for the Time being of the Board 
 shall be a Corporation Sole by the Name of " The OflBcial Trustee of Charity 
 Lands," for taking and holding Charity Lands, and by that Name (instead 
 of the Name of " Treasurer of Public Chaiuties ") shall have perpetual 
 Succession ; and all Land, or Estates or Interests in Land, now vested in the 
 "Tnasurer of I'ublic Charities" by that Name shall become, upon the 
 passing of this Act, and by virtue thereof, vested in like Manner and upon 
 the same Trusts in " The Official Trustee of Charity Lands," and all Provisions 
 of the principal Act which have reference to the Treasurer of Public 
 Charities shall operate as if the Name of the " Official Trustee of Charity 
 Lands " had been used therein instead of the Name of " Treasurer of Public 
 Charities." 
 
 [C. T. Act, 1887.J 5. The official trustee of charity lands shall be 
 autliorised and be ileemed always to have been authorised to take and hold 
 all such land and estate or interest in land, as, in pursuance of an order of the 
 
 chTrhy kn.is Board, is conveyed to or vested in liim by any deed or assurance or 
 
 to take and Otherwise. 
 
 liold land. 
 
 {b.) Vesting Land in the Official Trustee of Charity Lands. 
 
 [C. T. Act, 1853.] 48. Where any Land, or any Term or Estate 
 therein, holdeu upon trust for any Charity, shall be vested in any Persons 
 other than the Persons acting in the Administration and Application of the 
 llents ; or where tliere shall be no Trustees thereof, or the Trustees, or any of 
 them, shall be unwilling to act, or it shall be uncertain in whom such Land, 
 Term or Estate, shall be vested, or all, or any of the Persons in whom such 
 Land, Term or Estate, shall l)e vested, cannot be found, or shall be under 
 Age, lunatic, or of unsound mind, (whether found such by Inquisition or not,) 
 or otherwise inctipable of acting, or shall be out of the Jurisdiction or not- 
 amenable to the Process of the Court of Chancery, or where by reason of 
 
 Dorlar.ll ion 
 as to pyuer 
 of offipial 
 trustee of 
 
 Land lioldan 
 upon trust 
 for a Charity, 
 subject to 
 •Jurisdiction 
 of Court of 
 Chancery 
 and of Judge, 
 may be 
 vested in 
 Treasurer.
 
 The official trustee oi charity lands. 3i 
 
 the reduced Number of Trustees or other Causes a valid Appointment of new- 
 Trustees cannot be made, or where by reason of the Expenses incident to the 
 Appointment of new Tmstees, and the Conveyance or Assignment of such 
 Land, Term or Estate, to such new Trustees, it shall appear to the Court of 
 Chancery, or to any Judge of such Court or of any Court having Jurisdiction 
 with respect to such Charity under this Act,* desirable so to do, such Court or 
 Judge may Order that such Land, Term or Estate, be vested in such Treamre);f 
 and thereupon the same shall vest in such Treasio'erf and his Successors for 
 all the Estate and Interest holden in trust for the Charity as aforesaid, 
 without any Conveyance or Assurance thereof ; but no such*^Vesting Order Proviso, 
 as aforesaid, shall be made in respect of any Land, or Term or Estate as 
 aforesaid, holden in Trust as aforesaid, vested in a Corporation, without the 
 Consent of the Corporation ; and no such Vesting Order shall take effect in 
 respect of any Copyhold Land without the Consent of the Lord of the !Manor ; 
 and the Court of Chancery, or sucli Judge, may direct such periodical or 
 other Payment, as such Court or Judge may think fit, to be made to the Ijord 
 of the Manor, in compensation for Fines or other Profits which would have 
 become due upon Death or Admittance of Tenants. 
 
 [Local Government Act, 1894 (56 & 57 Vict. c. 73).] 52. (4.) Where the legal 
 
 estate in any propertj' ip vestcil in the churchwardens and overseers of any parish \>y 
 virtue of the Poor Relief Act, 1819. nothing in the Charitable Trusts Acts, 1853 to 1891, 
 shall be deemed to require the consent of such churchwardens and overseers in their 
 capacity as a corporation under that Act, or of the pari-h council as their successors, to a 
 vesting order under those Acts dealing with the said legal estate. Provided that nothing 
 in this section shall art'ect any rights, powers, or duties of the churchwardens and 
 overseers or the parish council, in cases where they have active powers of management 
 
 [C. T. Act, 1853.] 49. It shall be lawful for any Court or Judge by Orders may 
 whom respectively any such Vesting Order may have been made, or for ^ '"'""''^ '"•-" 
 any other Court or Judge having Jurisdiction in the Matter, if it shall LamH^ctcin 
 so seem fit to such Court or Judge, from Time to Time to order that all or any the Trustee, 
 Part of the Land, Term or Estate, wliieh shall for the Time being be vested of tin; 
 in the said Treasurer-f by virtue of any sucli Vesting Order as aforesaid, shall '-''^'"""y- 
 be devested, and that the same shall be vested in the acting Trustee or Trustees 
 for the Time being of the Charity ; and such last-mentioned Order siuill 
 operate to vest such Land, Term and Estate, in the Trustees or Trustee therein 
 named witliout any Cojiveyance or Assurance. 
 
 [C. T. Act, I860.] 2. Tlie Board of Charity Commissioners for Certain 
 
 England and Wales, subject to the Ilestrictions and Riglits of Appeal herein- *fl°""'*"""- 
 
 after provided, shall have Power from Time to Time, upon the Application to^ewT"^ 
 
 [•xer- 
 
 Couimis- 
 
 sioiKT:). 
 
 of any Person or I'crsons who, under tlie Forty-third Section of "The ei sable by 
 Chaiitable Trusts Act, 1853, might be authorized to apply to any Judge or tbe Charity 
 Court for the like Purposes, to make such effectual Orders as may now be 
 made by any Judge of the Court of Chancery sitting at Chambers, or by any 
 County Court or District Court of Baii/cruptci/ X [for the appointment ur 
 removal of Trustees of any Ciiarity .... or] for or relating fo 
 the .... vesting of any Real .... Estate belonging 
 thereto,§ .... 
 
 [^This section is printed in full in Appendix, No. 1, p. 75.] 
 
 (c.) Conditions of Trmtceship of the Official Trustee of Charity Lands. 
 
 [C. T. Act, 1855.] 37. It shall be lawful for tlie Board to authorize iwni maj- 
 or order and direct the OOlcial Trustee of Charity Lands .... to :|4';j^j^^,^*j'='' 
 convev Ijauds . . . . as the Board shall think expedient. conTey Lamu, 
 
 \_Thi8 section is printed in full in Appendix, No. \, p. 74.] 
 
 &c. 
 
 [• Fill the jurisdiction under the Charitable Trusts Arts (1) of a Judr/v of the Chancer;/ 
 Division of tlie Hiijh Court of Justice at Chambers, srr p. 61; (2) of the Chancer;/ Court of the 
 County Palatine of Lancusirr, sec />. <il ; and (.5) of the County Courts, see p. (iS.J 
 [t Now "The Ofticial Trustee of Charity Lands."] 
 
 [X Repealed by the Statute Law Rcrision Act, 1S7.5 (3S .V 31) Vict. c. 66.] 
 
 [§ For the provisions of the Charitable Trusts .lets, :chich regulate the etercise by the Charity 
 Commissioners of their jurisdiction under this section to mahe vesting orders, see p. 38.1 
 
 D 4.
 
 32 
 
 THE OFFICIAL TRl'STEE OF CIIAKITV J-ANDs!. 
 
 TreMurer 
 to be tk Bare 
 Trustee. 
 
 Power to 
 acting 
 Trustees to 
 grant Leases. 
 
 A Majority 
 of Trustees 
 to have legal 
 Power of 
 
 (lealin^ with 
 the Charity 
 EatAlcs. 
 
 Logal power 
 h of majority 
 of Tnisteo.s 
 to deal with 
 charity 
 estates. 
 
 [C. T. Act, 1853. 1 50. Suhjeet to the Orders aud Directions of the 
 Court orChanccrv or of any snch Judsje,* such Tn-asnn-ji shall he deemed 
 a Bare 'rrustec, and shall ]')(>rniit tlie Persons acting in the Administration 
 of the Charity to liave the Possession, Management, and Control of the 
 Trust Estates, and the Application of the Income thereof, as if the same had 
 been vested in thorn. 
 
 fC. T. Act, 1855.] 16. Tin- Actinir Trustees of every Charity, or the 
 :M;iJorily'of them, ])r(>vided tlint such Majority do not consist of less than 
 Three Persons, shall have at Law and in Equity Power to grant all such 
 Leases or Teiumcies of Land holonging tlioreto, and vested in the Official 
 Trustee of Charity Lands, as they would have Power to o-rant in the due 
 Administration of' the Charity if the same Land were legally vested in them- 
 selves ; and all Covenants, Conditions, and l^emedies contained in or incident 
 to any Lease or Tenancy so granted shall be enforceable by and against the 
 Trustees or Persons acting in the Administration of the Charity for the 
 Time being, and their Alienees or Assigns, in like Manner as if such Lands 
 had l)een k-gally vested in the Trustees granting such Lease or T(Muincy at 
 the Time of the Execution thereof, and had legally remained in or liad 
 devolved to such Trustees or Administrators for the Time being, their Alienees 
 or Assigns, subject to the same l^ease or Tenancy. 
 
 [C. T. Act, 1860. 1 16. A JL'jori/,/ of Two Thirds of the Trustees 
 of any Charitif asscnifjlcd at a Jleetiiit/ of their Body duly constituted, and 
 having Vovcr to determine on any .Sale, Exchanye, Partition, Mortgage, 
 Lease, or other J)isj)OHition of any Property of the Charity, shall also hace 
 a legal Puircr, on behalf of themselves and their Co-ti-ustees, and also of 
 the OJjicial Trustee of Chart fy Lands, tchere his Concur re ,ce would be other- 
 wise required, to do, enter into, and execute all such Acts, Deeds, Contracts, 
 and Assurances as shall be requisite for carrying any such Sale, Exchange, 
 Partition, Mortgage, Lease, or Disposition into legal Effect, and all such 
 Acts, Deeds, Contracts, or Assurances shall have the same legal Effect as 
 if the same were respectively done, entered into, or executed by all the acting 
 Trustees for the Time being, and by the said Official Trustee.X 
 
 [C. T. Act, 1869.] 12. Where the trustees or persons acting in the 
 administration of any cliarity have power to determine on any sale, exchange, 
 partition, mortgage, k\'\sc, or other disposition of any property of the charity, 
 a majority of those trustees or persons who are pi'esent at a meeting of their 
 body duly constituted and vote on the question shall have and be deemed to 
 have always had lull power to execute and do all such assurances, acts, and 
 things as may be requisite for carrying any such sale, exchange, partition, 
 mortgage, lease, or disposition into eifect, and all such assurances, acts, and 
 things shall have the same effect as if they were respectively executed and 
 done by all such trustees or persons for the time being and by the official 
 trustee of charity lands. 
 
 (2.) THE OFFICIAL TB USTEES OF CHARITABLE FUNDS. 
 
 («.) Constitution of the Official Trustees. 
 
 [C. T. Act, 1853.J 51. The Secretary for the Time being of the said 
 aJ'tenglnKto Board, and such other public Officer or Officers as the Lord Chancellor shall 
 'oSIifjuma^i'-^' ('Itpoint, shall be official Trustees of Charitable Funds,\ .... 
 iJSSeto'omriM \This section is printed in full in Appendix, No. 1, p. 74.] 
 
 Tnulces. 
 
 Judfte ir«.v order 
 Trust© s. Ac. 
 
 Appoint- 
 
 nienti ot 
 
 Olficial 
 
 Trustees of 
 
 Charitable 
 
 Funds 
 
 regulated. 
 
 [C. T. Act, 1855.] 17. The Lord Chancellor may from Time to Time 
 Ity Writing under his Hand appoint any Persons to be, jointly with the 
 Secretary for the Time being of the said Board, the Official Trustees of 
 Charitable Funds, and remove any such Trustees, and every such Ajijjointment 
 or Bemoval shall be 2->ublished in the London Gazette.^ 
 
 • See section 49 of the Charitable Trusts Act, 1853 {p. 31).] 
 
 t Now '' The Official 'J'rustee of Cliarity Lands."] 
 
 'i Jicjiealed by the Charitable Trusts Jet, 18G9, sect. 17 (p. 72).] 
 
 § liepealed by the Charitable Trusts Act, 1887, sect. 6 [^p. 1'2).~\
 
 The official TRUStEES OF CHAftiTAfeLE FUNDS, 83 
 
 [C. T. Act, 1855.J 18. The present'' Official Trustees of Charitable Such Tms. 
 Funds, and their Successors, to he so oppointed,* shall have perpc tual 't" to have 
 Succession by the Xame ui" " The Official Trustees of Cliaritabk- Funds," P^-T'etuul 
 and may hold by that Xame Stock in the Pul)lic Funds, and Stock and and may hold 
 Sliares of any Public Company, Securities, and Monies, which shall Funds in that 
 resj)cetive]y devolve to tlieir Successors, the Official Trustees of Charitable ^"^e. 
 Funds for the Time being, Avithout Transfer or Assignment. 
 
 [C. T. Act, 1355.] 19. -/// Stock in the F>'blic Funds vested In the Funds lo 
 joint Names of Henry 2Ior(j(tn Vane, Thomas Hare, and jrall,er Skirrow, vest in tho 
 Esquires, the present Official Trustees of Charitable Funds, shall upon the P"''^''*' 
 pa.s-.sinfj of thin Act he transferred hj the Governor and Compaiiij of tlie Bank i^cT\m^°^ 
 'if Fnyland from tlieir Names to tlie Account of the OJJicial Trustees of behig!™^ 
 Charitable Funds.'f 
 
 [C. T. Act, 1887.] 4.— (1.) From and after the date fixed by a Ara.^ndment 
 regulation under tliis section,J such officers of the Board as the Board with oft^'lixniahlo 
 tho approval of the Treasury from time to time appoint shall, in lieu of the aJ^tfoffidal 
 pers(ms mentioned in the Charitable Trusts Amendment Act, LS'i."), be tlie t"nisn>ps of* 
 official trustees of charitable funds : thariiable 
 
 Provided that any inspector or officer of the Board, who at the passino- of ^"°''*- 
 tliis Act is official trustee of charitable funds, and is not, after the passin" of 
 tills Act, appointed to be official trustee shall, Avhile he continues to hold his 
 inspectorship or office, receive not less salary than he received while official 
 trustee 
 
 l^This section is printed in full in Appendix, No, 1, p. 76.] 
 
 (/>.) Statutory Indemnity to the Official Trustees. 
 
 [C. T. Act, I860.] 17. No Official Trustee of Charitable Funds, oiR.ial 
 appointed under or in pursuance of the first or second li/ recited Act, ^ shall 'i'lu^tee not 
 be chargeable with or accountable for any Loss or Misappliciition of tiie '"'"-' "l^- 
 said Charitable Funds, or the Dividends, Interest, or Income thereof, unless Lq"" uaW^a' 
 the same shall have been occasioned by or through his own wilful Neglect occnsioncd 
 or ])efault. > l>y '''■* own 
 
 Ne"lect. 
 
 (c.) Provisions authorising Transfers and Payments to the Official Trustees. 
 
 [C. T. Act, 1853.] 51. • ; ■ • Where Trustees or other Persons 
 having in their Names, or in the Name of any deceased Person of whom they 
 are Re[)resentatives, in the Books of the Bank of England, or of the East 
 India or 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 b(; 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 transferi'ing or depositing as 
 aforesaid any Aniuiitie>, Stocks, Shares, or Securities, for discharging any 
 Legacy or Charge given or made to or for the Beneht of any Charity, or 
 where it shall apjjcar to the Coiu-t of Chancery, or to any -Judge of such 
 Coitrt, or of any District Court of Bankruplci/, orj| County Court having 
 Jurisdiction under this Act,^ that any Annuities, Stock, Shares, or Securities, 
 iield in trust for any Charity ought, for the Purpose of Security or convenient 
 Administration, to be transferred or deposited as aforesaid, it shall lie lawful 
 for such Court or .Judge to order the Transfer or Deposit ol' such Annuities, 
 Stock, Shares, or Securities to or with such official Trustees. 
 
 [This section is printed in full in Appendix, No. 1, p. Ti.] 
 
 [* TJv pealed In/ the Charitiible Trusts Act, 1887, sect. (! {p. 72).] 
 [| liepealetl hi/ the Sliitiitr J.itw /{cvin'im Act, 187.") (.'W >y .!!> I'ict. c. Gt!.).] 
 [I 1st April ISSO. See Treasuri/ lief/nliitions of'l'tli March \iMi9, clause 1 (yi. ;>()). j 
 [^ Itr/H'i/ri/ hi/ the Charllahle Trusts Art, IsSj", sect, (i (/». 7"J).j 
 I il i:, prilled hi/ the S/atiite Line /iVi'^.km Art, 1^;)2 (55 .V .")(! I'ict. c. 11).).] 
 \*\ For the JiirisdictioH under the (hriritahle Trusts Acts (1) of a Judiic of the Chancenj 
 Diriuuu if the Ilfjh Ciiurt of Ju.^/icc at Chniilirrs, see p. 61 ; (2) <f the Chaiucrt/ Court 
 of the Count 1/ Falatiue of Lancaster, see p. G4 ; and ('.i) of t'le County Courts, see p. tio] 
 
 u yiur. L
 
 84 
 
 THK OFFICIAL TRLTSTEES OF CHARITABLE FINDS. 
 
 The OHiiinl 
 Trii.-tefs of 
 t'littiitiiliK' 
 Fundi 
 may W eiii- 
 jjowerol 
 to call for 
 Transfers 
 to tiiem of 
 Stuck, &c. 
 
 Trustees maj 
 trniLsfer 
 Stock lo 
 Olliciiil 
 Tiuslfcs. 
 
 Certain 
 odoiiniKli^i- 
 tivi- I'oniTS 
 
 to In! fXlT- 
 
 cLsalili- bv thf 
 Charity Coiii- 
 uiiHsiouerii. 
 
 Official 
 Trustees of 
 Chnritalile 
 Funds may 
 lie oiiipow- 
 ered to 
 receive 
 Arrears of 
 Dividends. 
 
 I C. T. Act, 1855. 1 12. Any Court or Jiid2;e having Jurisdiction to 
 oriliTllir 'rr.in'sirr of Stock in the Viiblic Funds, or Stock or Sliaros of any 
 public Company, to the Ollicial Trustees of Cliaritahlc Funds, sliall have 
 J'owcr also to authorize such Trustees to call for a Transfer of and to 
 transfer sucli Stock or Shares, and may also order the Payment to the same 
 Trustees of any Frincipal Monies of any Charity, under the same Circum- 
 stances in wliieh the Transfer of Stock to them may now he ordered. 
 
 I C. T. Act, 1855. 1 22. Any Trustee or other Person may, on obtaining 
 an Onler of the Hoanl for the Purpose, transfer any Stock or pay any 
 .Money to the Oflacial 'I'rustecs of CliHrital)le Funds in trust for any Charity. 
 
 j C. T. Act, I860.] 2. The Board of Charity Commissioners for 
 England and Wale>, subject to the Restrict icms and Riglits of Appeal 
 herein-after provided, shall have Power from Time to Time, upon the 
 Application of any Person or Persms Avho, under the Forty-third Section 
 of "The Churitahl(> Trusts Act, 1853," might be authorized to api)]y to 
 any .Tiulge or Court for the like Pur])oscs, to make such effectual Orders as 
 may now be made by any Judge of the Court of Chancery sitting at Chambers, 
 or by any County Vonrt or JJ/.'ifricf Com-/ of Bankriiptct/* [for the appoint- 
 ment or removafof Trustees of any Charity . . . . or] for or relating to 
 the Assurance, Ti-ansfer, Payment, or vesting of any .... Personal 
 Estate belonging thereto, or entitling the Official Trustees of Charitable 
 Funds ..... to call for a Transfer of and to transfer any 
 Stock belonging to such Estatef .... 
 
 [This section is printed in full in Appendix, J^o. 1, j). 75.] 
 
 [C. T. Act, 1860.J 12. Any Court or Judge, or the said Board, 
 having Jiu-isdiction to authorize the Official Trustees of Charitable Funds 
 to call for a Transfer of and to transfer any Annuities, Stock, or Securities, 
 may cmpo'n'er the?n also to receive and recover, in trust for the Charity to 
 which the same shall belong, all Dividends, Interest, and Income accrued 
 from any such Annuities, Stock, or Securities respectively, and Avhich shall 
 for the Time being be in arrear. 
 
 (f/.) Functions of the Official Trustees, and Provisions regulating the Mode 
 in lohirh the Business of the Official Trustees generally is to he 
 conducted. 
 
 Secretary to [C. T. Act, 1853.] 52. The Secretary of the said Board shall keep 
 
 keep sppiinitc f^p ^,„ ra ( e yJccounts (f tlic Annuities, Stock, Shares, and Securities belonging 
 
 Fuiids'of ** ^^ ^^'^^' *'^/''"''«'^ Charity, andX the said official Trustees shall pay the Dividends 
 
 each Charity. 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 Authoritv, shall direct. 
 
 Board 
 may direct 
 Official 
 Trustees lo 
 •onvey 
 Lands, &c. 
 
 [C. T. Act, 1855.J 37. It shall be lawful for the Board to authorize or 
 order and direct .... the Official Trustees of Charitable Funds .... 
 to assign, transfer, and pay over Stocks, Funds, Monies, and Sccixrities, as 
 the Board shall think expedient. 
 
 {^This section is printed in full in Appiendix, No. 1, p. 74.] 
 
 [• Repealed by the Statute Laic Revision Act, 1875 (38 ^ 39 Vict. c. 66.).] 
 [t For l/ic jfrovifions of the Cliarituble Trusts Acts, u-hich regulafe the exercise bij the Charity 
 Commissioners of their jurisdiction Miller this section to make orders for the transfer, t^c. of 
 personal eitatr l>clo?n/inf/ In Charities, see p. 38.] 
 
 [J Repealed by the Charitable Trusts Act, 1887, sect. 6 {p. 72).] 
 § Repealed by the Statute Law Revision Act, 1892 (55 ^-56 Vict. c. 19.).] 
 Il See footnote % on preceding page-l
 
 THE OFFICIAL TRUSTEES OF CHABITABLE FCND8, 35 
 
 [C. T. Act, 1855.] 20. Tlio OfTicial Trustees of Charitable Funds The Official 
 shall, for the Purposes of their Trust, keep a Banking Account in tlieir 'Irustees 
 official Name in the Books of the Govornor and (Jompintij of* the Bank of 'o '^e*!' 
 England, and the Secretary of the Board shall keep separate Accounts ^^^coun^ 
 of the Monies held upon such Account, and ttelonging to each separate 
 Char it I/. i 
 
 [C. T. Act, 1855.] 23. All Principal Monies belonging to any Charity As to Uis- 
 directed to be paid to the Official Trustees of Ciiaritable Funds shall be P°-"' ."^ 
 paid to their Accoimt at the Bank, and, subject to any Order of the Coiu-t f''"^?'P'^' 
 
 T 1 p ji -ry 1-1 1 • 1 i- 1 ,1 *^i. 1 11 1 Jjouieg paid 
 
 or J udgc or ot the Board by which resjjcctivcly the Payment shall have to thera. 
 been authorized, shall be forthwith invested in the Public Funds in the 
 Names of the Official Trustees of Charitable Funds, for the Benefit of the 
 Charity to which they shall belong. 
 
 [C. T. Act, 1855.] 24. The Diridends arising from all Stock in All Divi- 
 tbe Public Funds standing in the Name of the Official Ti'ustees of 'leuds and 
 Charitable Funds shall from Time to Time be received by the Governor and J^'^'^q^"* 
 Company of* the Bank of England, under the Authority of this Act, for the cial Trustees 
 Credit of the said Official Trustees, and shall be placed to their JBanking of Charitable 
 Account accordingly ; and all Dividends and Interest arising from any Funds to l.e 
 other Stock, Shares, or Securities standing in the Name of or held by the ^,'".^''1/" . , 
 Official Trustees of Charitable Funds shall be paid only to the Governor and ;„„ Account. 
 Company of* the Bank of England for the Account of the same Trustees ; 
 and the said Trustees shall from Time to Time execute to the said Governor 
 and Company all such Powers as shall he found necessary for enabling them 
 to receive and give effectual Discharges for the last-mentioned Dividends and 
 Interest.-}; 
 
 [C. T. Act, 1855.] 21. All Orders for Payment of any Money held Mode of 
 upon such Banking Account shall be signed by One at least of the Official 'i>"wi°? "n 
 Trustees of Charitable Funds, not being the Secretary of the Board, and also Account '°^ 
 by the Secretary, and shall be countersigned by One of the Commissioners, 
 or shall be otherwise signed or authenticjited in such Maimer as the Lord 
 Chancellor shall from Time to Time by Order under his Hand direct ; and 
 such Orders shall be a sufficient Authority to the Bank payuig the same for 
 all such Payments. J 
 
 [C. T. Act, 1855.] 25. No Transfer of any Stock, Shares, or Securities For the 
 shall be made to the Official Trustees of Charitable Funds, nor shall any K'^ulation 
 Money, other than the Dividends or Interest of any such Stock, Shares, aLn'aT-^" 
 or Securities as aforesaid, be paid to their Account, except in pursuance* „„.nis to 
 of an Order of the Court of Chancery, or of some Judge thereof, or of or !>>• the 
 a District Court of Bankruptcy or\ County Court, or of the Board ; and O'^'c""' 
 no Transfer of any such Stock, Shares, or Securities shall be made Ijy the ''"•■^*^^=* 
 Official Trustees, except under the Order of such Court or Judge, or under 
 the Order of the Board signed by Two Commissioners, or authenticated 
 in such Manner as the Lord Chancellor from Time to Time by any 
 Order under his Hand direct ;|| and no Transfer to or by the Official Trustees 
 shall be |)ormitted by the Governor and Company of* the Bank of England 
 or any other Company contrary to this Provision. 
 
 [0. T. Act, 1855.1 26. Copies of all Orders made by any Court or Copies of 
 Judge for any Transfer, Deposit, or Payment of Stock, Shares, Securities, or ^TZ'^a^'' 
 Monies to or by tlu^ Official Trustees of Charitable Funds shall be forthwith .oumofih* 
 transmitted to the Board by the Parties obtaining siieli Orders. I^I'lo t^cnt 
 
 [* Repealed by (lie Statute Law Revision .tet, 1892 (55 & 56 Virt. c. 19.).] 
 
 [t liepealeil b;/ the Cliiiritiihle Tni>:ts Art, 1S87, .w/. t> (p. 72).] 
 
 \X But sec now the Ciiaritable Trusts Art, 1SS7, sert. 4, sub-sects. 2 (b.) and 1 ( />. .Ifi), and 
 Treasurij licf/idafioiis oj'iltli March 18S0, clause 4 {p. 37).] 
 
 [§ Repealed b>i the Statute Law Rerision Act, 1S7.5 (."IS .V 30 Vict. c. W.).] 
 
 [\\ But see now the Charitable Trusts Act, 1SS7, -feet. 4, .tub-sects. 2 {b.) and 4 (/». ,3fi), and 
 Treasury Regulations of 21th March 1889, clauses 4 and 9 {p. 37). J 
 
 E 2 
 
 to the Board.
 
 3^ THE OFFICIAL TRUSTEES OF CHARITABLE FCNDS. 
 
 Indemnity ^Q rp j^qI^ 1855. i 27. Kvorv Or(l<M- madc under the principal Act or 
 
 tothc liniik 1^. ^^., ,.,, ,,i,.j„„ ,„. authori/iiisr the Transfer, Payment, or Deposit of any 
 Stock, Shares, JSecuritics, or [Monies to or with [the Irustees of any Oliunly 
 or] tlie Ollieial Trustees of Charital)le Funds, or conferrins^ a Right to call 
 for or to make sueli Transfer, shall be a complete Indi'mnity to the Governor 
 and Company of the J3ank of Engltuul and all Com])anies and Persons for 
 any Aet done pursuant to such Order; and the said Governor and Comjiany 
 and other Companies and Persons sliall he required to irivc olTecl, or to 
 conform to every such Order, and it shall not he necessary for them to 
 inquire coneerning the Propriety of such Order, or the Jiu-isdiction of the 
 Court or Judi,'e or the Board to make the same. 
 
 lii.l.iuMiiv to I C. T. Act, 1860. ! 23. Every Order made under this Act under 
 
 thu Hiiiik'of which any Stock, Shares, Securities, or Monies sliall i)e transferred or paid 
 
 Knsiiind nnil ^^ q,. deposited with [the Trustees of any Charity, or] the Official Trustees of 
 
 othcM. Charitable Punds, shall afiFtn-d a complete Tudemnity to the Governor ami 
 
 Company of the Bank of Eui^'land, and to all Companies ami Persons by 
 
 whom respectively any such Transfer, Payment, or Deposit shall be permitted 
 
 or made, for ])ermittim,' or makim; the same, and tiie said Governor and 
 
 Company and other Companies and Persons shall be required to giv(i elfect 
 
 or to conform to such Order, and it shall not be necessary for them to inquire 
 
 concerning' the Proj)riety of the same Order, or the Jurisdiction under which 
 
 the same shall purjjort to be made. 
 
 Araendmcnt [0. T. Act, 1887.] 4.— (1.) .... 
 
 ofClmritable \^2.) From and after the said date,''' notwitlistandinf]^ anything in the 
 M to'oM Charitable Trusts Acts, 18.")3 to 1869, the Treasury may, by regulations to 
 trusties of 1^*' niade or approved by them,-f- from time to time prescribe : 
 chnritublo (<i) the accounts to be kept by the said official trustees and the mode in 
 
 fn'"'s- wbieh and tlie persons by whom such accounts and the banking 
 
 accounts, and any other accounts required by the Charitable Trusts 
 Acts, 1853 to 1869, to be kept by or on behalf of the official trustees 
 of charitable funds, are to be kept ; 
 (i) the mode in Avhich orders authorised by law for the payment of any 
 money to or by the said official trustees or held upon their banking 
 account, or for the transfer of any stock or securities to or by the 
 said official trustees, are to be signed, authenticated, and carried into 
 effect; and 
 (c) the mode in wjiich the business of the said official trustees generally 
 
 is to be conducted : 
 Provided that se])arate accounts shall continue to be kept for each charity. 
 (3.) The accounts of the said official trustees shall be audited by such 
 person and in accordance with such regulations as the Treasury from time 
 to time appoint or 2)rescribe. 
 
 ( l.) A regulation under this section, or an order made under any such 
 regulation, shall be a complete indemnity to the Governor and Company of 
 the Bank of England, and all companies and persons, for any act done 
 pursuant to such regulation or order, and the said Governor and Company, 
 and other Companies and persons, ehall conform to such regulation or order. 
 
 [T/ils section is lyrinted hi full in Apjiendix, No, 1, ^j. 76.] 
 
 Official Trustees of Charitable Funds (Treasury Regulations). 
 
 Regulations made by the Treasury under Section 4 of the Charitable Trusts Act, 1887 
 
 (50 & 51 Vict. c. 49). 
 
 1. These regulations shall take effect on and from 1st April 18S9; and that date is 
 hereby fixed ixs the date from and after which such officers of the Charity Commission 
 as the Charity Comaussioners, with the approval of the Treasury, sliall have appointed, 
 
 [• U/ April 1889. Sec Trcasiiri/ Rrr/nlatioiis of 27 t/i March 1889, cl. 1. injra.] 
 
 [| See infra. j
 
 THE OFFICIAL T UUSTK.KS OF niAKITABLK JUNUS. 37 
 
 or sliall appoint for that purpose, umlur soctiou 4 (1) of the CharitaVde Tni>ts Act, 18X7. 
 sha'l be the Orficial Trustees <<f Cliaritablo FunJ,-, in lieu of the perrons ineutioiieJ as 
 such in the Charitable Tnists Amendment Act, 1855. 
 
 2. The term " securities " in these regulations includes all Government or other 
 aiuiuities jr sedulities, ami all stocks or shares, standing in, or to be transferred into, the 
 name of the OlHcial Trustees of Charitable Funds, in the books of the Bank of 
 England, or of any otiier Company or Corporation ; and the term " funds " includes 
 money and securities standing or to be placed to the account, or standing in or to be 
 ti'ansferrcJ into tlie name, of the said Official Trustees of Charitable Funds. 
 
 3. All moneys to be held in trust by the Official Trustees of Charitable Funds in 
 pursuance of the Ordera of the Charity Commissioners, or of Orders of Court, or of otlier 
 due authority, and all dividends and interest on securitit's standing in the name of the 
 saitl Official Trustees, shall be paid to the cash account of the said Official Trustees at 
 the 15ank of England ; and all securities to be held in trust by the Official Trustees of 
 Charitable Funds (including such securities as may be purchased by way of investment 
 of money standing to their account) shall be transferred to pr inscribed in the name of 
 the said Official Trustees in the books of the Bank of England or other Company or 
 Corporation in whose bo'ks such securities are registered ; and the Bank of England 
 or other Company or Corporation shall make such transfer accordingly. 
 
 4. All directions for the purchase, sale, or transfer of securities, and all orders to the 
 Bank of England for the payment of money out of the account of the Official Trustees 
 of Cbaritable Funds, shall be jointly signed by the Accountant, or in his absence the 
 Assistant Accountant, and by one of the said Official Trustees, and be countersigned by 
 one of the Charity Commissioners. 
 
 5. In addition to the separate ledger accounts to be kept in the Accountant's bi-anch 
 of the otBce of the Charity Commissioners for each charity in respect of which any 
 funds are placed to the account or in the name of the Official Trustees of Charitable 
 Funds, general ledger accounts shall be kept showing the aggregate amounts of the 
 receipts, payments, and transfei"s of the several descriptions of funds distributed over 
 the separate charity accounts, and of the balances thereof. 
 
 6. The business of the Accountant's branch of the office of the Charily Commissioners, 
 in which the financial transactions in regard to the funds held in trust by the Official 
 Trustees of Charitable Funds are conducted and recorded, shall be under the immeiliats 
 control and responsibility of one of the said Official Trustees nominated for that purpose 
 by the (Jharity Commissioners, with the concurrence of the Treasury. 
 
 7. Subject to anything containe<l in these regulations, tlie books and forms of account 
 to ba used in connexion with the funds held in trust by the Official Ti;ustees of 
 Charitable Fumls .shall be sucli ixs may from time to time be prescribed or approved by 
 or under the authority of the Treasury. 
 
 8 
 
 [This Regulation is printed in full at p. 38.] 
 
 9. No direction for the transfer of securities shall be given by the Official Trustees 
 of Charitable Funds, except in pursuance of an order of the Charity (^ommis-sioners, 
 authenticated in the manner prescribed by section 4 of the (.'haritable Trusts Amend- 
 ment Act. 1855 (18 & 19 Vict. c. 124). 
 
 K. E. WELBY. 
 Treasury, Wintehall, 
 27th March 18«9. 
 
 {e.) Bxemption from Income Tax of Stock in the Public FkucIs held 
 
 bi/ the Official Ti-Hntees. 
 
 [C. T. Act, 1855.] 28. All Dividends arising from any Stock in the Dlvidondson 
 Public inmds standing' in tlio Name of the Official Trustees' of Ciiaritable '!^^"j''^'"f 
 Funds, and which shall be cevtiiiod by the Board to the Gorenior and qJI,'"-",'' 
 Coniixmi/ of* the ]?ank of England to be exempt from the I'roperty or Trustees to 
 Income Tax, shall ])o paid or earned to the JJankiuir Account of the Official be carried 
 Trustees without any Deduction of such Tax ; .... • ■-- 
 
 to Account 
 free from 
 
 [This section is printed in full at />. 1-2.] Income Tax. 
 
 (/".) Annual Account to lie laid before Pa7'liament. 
 
 I C. T. Act, 1860. 1 18. Tho Official TrusU-es of Charitable Funds Accounts 
 sliall lay bcfore'rarliament annually, on or lieforo tlu> Fourlf.Mith Day "f j^f^fj"'"' 
 February, or as soon as ])racticable after I'arliamcnt shall b(> sitting, .nn p^rHamen,, 
 Account of the total Amount of the Capital Stock, Shares, and Securities 
 
 [• Repealed by t/ie Staiule Law Itcvitton Act, 1S92 (55 4r 66 Vict. e. 19.).]
 
 3g VKSTING PKOPEKTY. 
 
 transferred to them iu the Year endini: the Thirty-first Day of December 
 precediii", and of the total Amount ol' Monies, other tlian Dividends or 
 Interest, \n\\d to them or to tlieir Aeeount durinij; the same J'eviod, and of 
 the Investment thereof , and of the Capital Stock, Shares, and Securities sold 
 or retransferred by tlicm durin^f the same Period, and of the aggregate 
 Anicnint of the Capital Stock, Shares, Funds, and Securities, and the Bahii 
 of Cash, held by them on such preceding Thirty -first Day of December. 
 
 ;ince 
 
 Official Thustees of Ciiaiutable Funds. 
 
 Regulatious mode by the Treasury uuder Section 4 of the Charitable Trusts Act, 1887 
 
 (50 & 51 Vict. c. 49). 
 
 8. Tlio annual account to be laid before Parliament under section IS of tlic Charitable 
 Trusts Act, 1S60, shall be prepared in such form as the Treasury may from time to time 
 prescribe or approve. 
 
 [jFbr oilier Treasunj Regulations, see p. 36.] 
 
 (3.) THE VESTING OR TRANSFER OF PROPERTY, OTHER- 
 WISE THAN BY ORDER OF A COURT OR JUDGE. 
 
 {a.) Charities generally. 
 
 Certain [C. T. Act, 1860. | 2. The Board of Charity Commissioners for 
 
 administra- England and Wales, subject to the Restrictions and flights of Appeal hercin- 
 
 to'be e":^"** ^'^•^'' V^'ovided, siiall have power from Time to Time, upon the Apj)lication of 
 
 cisablcl.ytlie any Person or Persons who, under the Forty-third Section of "The Charitable 
 
 Charit) Com- Trusts Act, 1853," might be authorized to a])ply to any Jiulge or Coiirt for 
 
 miseioners. |.]„. jjj^p Purposes, to make such elfectual Orders as may now be made l)y any 
 
 Judge of the Court of Chancery sitting at Chambers, or ])y any County Court 
 
 or District Court of Batikntptcy* [for the appointment or removal of 
 
 Trustees of any Charity .... or] tor or relating to the Assurance, 
 
 Transfer, PaymtMit, or A-esting of any Real or Personal Estate belonging 
 
 thereto, or entitling the Ofiicial Trustees of Charitable Funds, or any other 
 
 Trustees, to call for a Transfer of and to transfer any Stock belonging to 
 
 such Estate,f .... 
 
 [This section is printed in full in Appendix, No. 1, p. 75.] 
 
 By whom [C. T. Act, 1853.] 43. Every application to any Judge or Court 
 
 Applications under the .Jurisdiction created or conferred by any of the Provisions of this 
 may e ma e. ^^^^ ^^^ ^^^ made by Her Majesty's Attorney General, or, subject to the 
 Provision.s aforesaid, by all or any One or more of the Trustees or Persons 
 administering or claiming to administer, or interested in, the Charity wliich 
 shall be the Subject of such Application, or any Two or more Inhabitants of 
 any Parish or Place within which the Charity is administered or applicable ; 
 
 {^This section is printed in full in Appendix, No. 1, p. 74.] 
 
 The Powers [C. T. Act, 1860. J 4. Tile said Board shall not make any Order, 
 to be cxer- under the Jurisdiction vested in them by this Act, with respect to any 
 no Charities Charity of which the gross annual Income, exclusively of the yearly Value 
 of which the of any Buildings or Land used wholly for the Purposes thereof, and not 
 gross Income yielding any pecuniary Income, shall amount to Fifty Pounds or upwards, 
 SO/^wilhout ^'^^''I'^ "P"" ^''*" -^ppli^^'^tion of tiie Trustees or Persons acting in the Admiuis- 
 Applkililon* fration of the Charity, or a :Majority of them, to be made to th(> said Board 
 cf Trustees, in AVriting under their Hands if they shall be unincorporated, or under their 
 Common Seal if they shall be incorporated, .... 
 
 \^This section is printed in full in Appendix, No. 1, p. 75.] 
 
 [• Repealed hi/ the Statute Late Eevhinn Act, 1875 f38 S, 39 Vict. c. 66.).] 
 [^ For the jurisdiction under the Charitable Trusts Acts (1) of a Judye of the Chancery 
 Division of the Hicjh Court of Justice at Chambers, srr p. 61 ; (2) of the Chancery Court of the 
 County Palatine of Lancaster, see p. 64 ; and (3) of the County Court, seep. 65.]
 
 VESTING I'UOPKKTY. 3y 
 
 [C. T. Act, 1869.] 5. An application to the Board of Charity Com- Mode of 
 missiuucrs Jor Jiiigluud and Wales, lur the purposes of the Charitable Trusts "ppl'tation 
 Acts, 1853 1o 1S69, when made by the trustees or persons acting in the ^° "'"^ " 
 administration of the charity, may be made in writing signed by any person 
 authorised in tliat behalf by a resolution passed by a majority of thost; 
 trustees or persons who arc present at a meeting of tlieir body duly 
 constituted and vote on the question. 
 
 [C. T. Act, I860.] 10. The Jurisdiction vested by this Act in the said Powers to be 
 Board shall be exercisable with reference to Charities vested in any Cor- »Pi>l>^'''e to 
 poration Sole or Aggregate^ wlio, either solely or jointly with any other ^pg"[.|i'in 
 Person or Persons, shall also l)e the Recipients of the Benefit thereof. Corpora- 
 
 tionf, &c 
 
 [C. T. Act, 1869.] 15. So mueh of tlie Charitable Trusts Acts, 1853 Extmsion 
 to 1869, as authorises and relates to orders of the Board [f-.r the appointment ''l,^^\l°^ 
 or removal of trustees of a charity, or] for or relating to the vesting of any ,e;;'istered 
 real or personal estate; belonging thereto, .... shall extend to places of 
 buildings registered as ])laces of meeting for religious worship with the relit^ious 
 Registrar General of Births, Deaths, or Marriages in England, and l)ona fide ""''''"'P- 
 used as places of meeting for religious worship: Provided that no such order 
 shall be made except upon the applicafion of the trustees or jxM-sons acting 
 in the administration of the Charity, made in manner provided by section 
 four of the Charitable Trusts Act, 1S60,* or by this Act.f Save as" provided 
 by this section, such buildings shall continue exempted from the Charitable 
 Trusts Acts, 1853 to 18U<J. 
 
 [T/i/s section is printed in full at p. 12.] 
 
 [C. T. Act, 1894.] 4. The exemption of any building registered as a Extension of 
 place of meeting for religious woi'ship Avith the Registrar-General of Births, ","^'|J!'['i'yV° 
 Deaths, or Marriages in England and Wales, and bona tide used as a place c, i;j7.' s. 62^ 
 of meeting for religious worsliip, contained in the sixty-second section of the iis& m Viet. 
 Charitable Trusts Act, 1853,1 and in th(; ninth section of the Places of e. si.sJ), of 
 Worship Registration Act, 1855, shall extend, and shall, without prejudice i||;'.|'.|'j^,„ f,,r 
 to any order of the Charity Commissioners made before the passing of this r^„i^„7s 
 Act, be deemed to have always extended to — worship. 
 
 {(i) any forecourt, yard, garden, l)urial-i;round, vestry, or caretaker's liouse, 
 in respect of situation coiniected with, and held upon the same 
 trusts as, any building registeied and bona fide used as aforesiiid ; 
 and 
 (J)) any Sunday-school house or other land or building which shall be 
 'c(>rtitled by an order of the Charity Commissioners, made upon the 
 application of one or more of the trustees or persons acting in the 
 administration thereof, to be held upon the «ime trusts as any 
 I)\iihling registennl and used as abu-esaid, or upon like trusts, and 
 to he in respect of situation so connected with or held or used in 
 connexion with such buildinir that it cannot conveniently be 
 se])ai'ated therefrom : 
 Provided always that so much of llu^ Charitable Trusts Acts. 1853 to 1891, as 
 by virtue of the fifteenth section of the Charitable Trusts .Vet. 18(5!). extends ;!•_'& ;w Vict, 
 to buildinu-s re^■istered and used as aforesaid, shall also extend to iho c. lU. :<. l.). 
 properties declared to be exempted by this Act in the sjime manner and 
 subject to the same restrictions as the l)uildings registered and used as 
 aforesaid. 
 
 rC. T. Act, 1860.1 5. Tlie said Board also shall not exercise the The is.Mir.l 
 Jurisdiction hereby vested in them in any Case whii-h. by reas(.n of its "^J^ 
 Contentious Character, or of any special Questions of Law or of Fact w Inch j,„.isdiciion 
 
 [• See preceding page] [t Sect, b, see supra.] 
 
 [tp.lO.] 
 
 E 4
 
 40 Vli:<HXG I'lKJl'EltTl'. 
 
 over Con- it may involvo. or for otiier lleasons, thoy may consul or inoro lit to bo 
 teuiioiia adiiidu'iitod on 1)V any of the Judicial Courts. 
 
 Case:*. •• ' •' 
 
 Board to | Q^ "P. Act, I860.] 3. Tlio siiid Board, previously to makiiii,' any 
 
 iiotifyto Order iiiid.'r tlio .1 iiris(lii-li(jn vested in tli'.Mu l.y tliis Act. shall notify to the 
 
 Charii7* Trustees or Administrators (if any) of the Cliar'ity to bo aifeeted thereby their 
 
 their liiton- Intention of exercisini; such Jurisdiction, by Notice in Writing, to be 
 
 tl..u ofixer- delivered to them, or sent to them by the Post, at their last known Place of 
 
 cising .Juris- ^]^,^^^^, j,^ Qrcat Britain or Ireland. 
 
 dictiou. 
 
 Aim-mlment (0. T. Act, 1869. | 4. A notice under section three of tlic Charitable 
 of wit. .3 of Trusts Act, I8()ti, need not be sent by the Board of Charity Commissioners for 
 2-^A24Vict. p;„^ia„d and Wales to any trustee or administrator of a eharity who has 
 
 been party or privy to the application to tiie Board upon which they exercise 
 
 tlieir jurisdiction. 
 
 c. I3r.. 
 
 Indemnity to [(J, T. Act, 1860. J 23. Every Order made under tbis Act under 
 'rV*"i''',i which any Stock, Shares, Securities, or ^Monies shall be transf(<rred or paid 
 and oni't'rs. '•> '"' deposited with the Trustees of any Charity, or the Official Trustees of 
 Charitahh' Funds, .shall alford a complete Indemnity to the Governor and 
 Company of the Bank of Eiii^land, and to all Companies and Perscms by 
 whom respectively any such Transfer, Payment, or Deposit shall be permitted 
 or made, for [)ermittini; or making the .same, and the .said Governor and 
 Company and other Com])anies and Persons shall be required to give eff(>ct 
 or to conform to such Order, and it shall not be necessary for them to incpiire 
 concerning the I'ropriety of the same Order, or the Jmisdiction under which 
 the same shall jnu'ijort to be made. 
 
 I'owprto [C. T. Act, 1860. J 8. The Attorney General, or any Pcr.son authorized 
 
 a;.|ieal |)y liim or by the said Board, in the Case of any Charity, whatever may be 
 
 (f' i""! f ^'''^ yearly Income of its Endowments, and any Trustee or Person acting in 
 U'l'ard^ the Administration of or interested in any Charity of whieh the gross yearly 
 
 Income; to be calculated in manner aforesaid'"' shall exceed Filty Pounds, or 
 any Two Inhabitants of any Parish or District in which the same shall l)e 
 specially applicable, may, within Three Calendar Months next after the 
 definitive Publication of any Order of the said Board .... for 
 or relating t > the Assurance, Transfer, Payment, or vesting of any Peal or 
 Personal Estate, .... present a Petition to the Iligli Court of Chancery 
 in a summary Way, appealing against such Order, and praying such Uelief 
 as the Case may require ; . . . . and the Court, upon or before the 
 Hearing of any such Petition of Appeal as aforesaid or at any Stage of the 
 Proceedings, iOay require, if it shall think fit, from the said Board, their 
 Picasons lor making tlu; Order appealed against, or for any Part of such 
 Order, and may remit the same to the Board for Peconsideration, with or 
 without any Declaration in relation thereto, or may make any sul)stitutive or 
 other Order in relation to the Matter of the Ap))eal, as it shall think just; 
 and the Court may make any Order respecting tlie Costs, Charges, oi- 
 Expenses incident to the -Vppeal, and may also, before hearing or proceeding 
 with the same, require from any Apj)ellant. other than the Attorney General, 
 proper Security lor such Costs, Charges, and Expenses as may be eventually 
 payable by him; but no such Petition of Appeal shall be presented by any 
 Person, other than the Attorney General, before the Expiration of 'JVenty- 
 one Days after written Notice, under the Hand of such Appellant, of his or 
 licr Intention to i)resent such Petition, shall have been delivered to the said 
 Board at their Ollice. 
 
 IThis section is priiiled in full in Appendix, Ko. 1, })■ 75.] 
 
 Appeals [C. T. Act, 1869.] 10. A petition to the Court of Chancery under 
 
 under section eight of the Charitable Trusts Act, 18G0, may be presented' in the 
 
 ease of all charities by the same persons only as in tKe case of a chaiity the 
 gross annual iucom'e of which does not exceed fifty pounds. 
 
 23 & 24 Vict 
 c. 13G 
 
 [• See sect. 4 of the Charitable Trunts Act, 1830 (/). 38).]
 
 VESTING PROPERTY. 41 
 
 [C. T. Act, 1869.] 11. A petition shall not be presented to the Court Service of 
 of Chauceiy by any person under section eight of the Charitable Trusts Act. Attorney 
 1860, before tlic expiration of twenty-one days after written notice under the ^'^^''^^ ^7 
 hand of the appellant of his intention to present such petition has been served ^d^r 
 on the Attorney-General by delivering the same to the solicitor who acts for sect, h of 
 him in ex officio proceedings relating to charities. 23&24Vict. 
 
 c. 136. 
 
 [C. T. Act, I860.] 9. The Attorney General, if he shall think fit, or Who may be 
 any Person authorized by him or by the said Board, may appear as the the K.-.spon- 
 Respondeut upon any such Appeal, and the Court may make any Order ^^°^ *'" 
 respecting the Costs, Charges, and Expenses of the Attorney General or -^•P''^'''- 
 other Defendant. 
 
 [0. T. Act, 1869.] 9. The Board, if they think it desirable, wliere the Employment 
 gross annual income of the cliarity is in their opinion sufficient to ])ear the °^ persons to 
 expense, may, upon the api)lication of tlie trustees or of any other jjcrson or l"'*:''"^'' ""'' 
 persons entitled to ai)ply to them in that l)ehalf, . . . I order the costs scheme, 
 incvu-red .... in consequence of tlie employment of any person to 
 appear on behalf of the respondent upon any appeal against anv .... 
 order, to be provided in the same manner as if they were costs of a transaction 
 mentioned in section tiiirty-six of the Charitable Trusts Act, 1855.* 
 
 [^This seel ion is piHiiietl in full at p. 26.] 
 
 (6.) Mtmicipal Charities. 
 
 [C. T. Act, 1853.] 65. ■\The loyal Estate in all La mis u-hlch at the L<-.il Estate 
 Time of the passing of the Aet of the Session holden in, the Fifth and Sixth oi Lands 
 Years of King William the Fourth, Chapter Seventy -six teas tested in the ^"^^ ^•^^."'.'^ 
 Body Corporate of any Boroiiyh ichich became subject to the Provisions of Corporadoos 
 the said Act, or in any One or more of the Members of such Body Corporate, on Charitable 
 in his or their corporate Capacity, solely or together with any Person or Trusts to be 
 Persons elected solely by such Body Corporate, or solely by any particular ,^'f'***^'' '" 
 Number, Class, or Description of 3Ie)nbers of such Body Corporate, in whole 5 &'^,; w, 4. 
 or in part in trust or for the Benefit of any Charitable Uses or Trusts what- c 7U. 
 soever, and which legal Estate shall not have been since duly conveyed or 
 assured to and vested in the Trustees appointed by the Lord Sigh Chancellor 
 under the Provisions of the said Act, or such of them as shall be surviving 
 a)id continuing 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 suck and the same Charges and Incumbrances and 
 upon such and the .same Trusts as the same were respectively subject to 
 jjreviously to such vesting ; and in every Case, upon the Death, liesignation, 
 or Removal of any of the Trustees, and upon any Appointment of any new 
 Trustee or Trustees respectively, the legal Estate in th<' 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 W'irs or Devisees of any Person who may hare died, resigned, or been 
 removed, shall vest in the Persons who after such Death, Resignation, or 
 Removal, and such Appointment of such new 2'rustee or T/-u.stt'cs respectively, 
 shall continue or be the Trustees for the Time being, without any Conveyance 
 or Assurance whatsoever. 
 
 [Municipal Corporations Act, 1882 (45 & 46 Vict. c. 60.).J Charitable 
 133. — (1.) Where at the passin>,' of the Municipal Corponitions Aet, 1835, tiie Ixxly I rusts. 
 corporate of a borough, or any one or more of the nionibers thereof, in his or "TT" 
 tlieir corporate capacity, stood soioly 01 together with any person or persons ,'j^',^"f""'"' 
 elected solely 6y that body corporate, or solely by any particular number, class, (^•luu-it^ble 
 
 [• See p. 29.] 
 
 [f Tlie whole of t/iis scrlion is rcpcalid hi/ the Miinnipai Corporations Act, 1R82, icct. 5 
 (45 S- 16 I'ict. c. 50.) ; other provisions substituted by section 133 of that Act, see infra.] 
 U 91117. F
 
 42 
 
 OD'STOnX OF t>F.EDS, SuV. — INCOME XAX. 
 
 TrusU and 
 vfsliiif; of 
 legal extate. 
 
 or description of meiubere thereof, seised or possessed for any estate or interest of 
 land in whole or in part in tnist or for the l>enetit of any charit^ible uses or trusts, 
 an.i the Ugal estate in that hind was. at the passing of the Municipal Corporations 
 Act, I SS5, vested in thf hociy corporate or person or persons so seised or possessed 
 thereof, and was, l)y the ( 'liarital.k- Tnists Act, 1853, vested in the trustees appointed 
 by the Lonl Chaucollur iimler tlie Municipal Corporations Act, 1835, or such of them aa 
 sliould be surviving and continuing trustees under that appointment, accordini: to the 
 ^»■^pective estates and interests therein, and subject to such and the same charges and 
 incumbrances and on sueli and the same trusts as the sume was subject to before such 
 vesting, then in every ease on the deatli, resignation, or removal of any trustee, and on 
 any ap|K)intment 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 tiiem, or in any person, or the heira or devisees of any person decease<l, resigned, 
 or'removeil, shall vest in the persons who, after such death, resignation, or removal, and 
 such appointnunt of a new trustee, continue or are the trustees for the time being, 
 witliout any conveyance or assurance. 
 
 (2.) Nothing in' the section shall take away, abridge, or prejudicially affect any 
 power, authority, or jurisdiction of the Charity Commissioners for England and Wales. 
 
 Trustees 
 may deposit 
 Deeds, i^c. 
 for Security 
 in a Hej)0- 
 sitory pro- 
 vided by the 
 Board. 
 
 Power to 
 require the 
 Trnnsinis- 
 sion of 
 Documents 
 belonf;ing to 
 Charities. 
 
 (4.) THE DEPOSIT FOB SAFE G USTOD Y AND THE ENROL- 
 MENT OF DEEDS, TriLLS, OB D0CU3IENTS. 
 
 [C. T. Act, 1853.1 53. It shall be lawful for any Trustees or other 
 Persons having the Custody of any Dooxls or Muniments of or relating to 
 such Charity io deposit the* same for Security in a Repository which may 
 he provided' by the said Board, subject to any Kegulatious to be made by the 
 said Board under this Act. 
 
 I C. T. Act, I860.] 19. The Board may require any Person having the 
 Custody or Control of any Deed or Document in Avhich any Charity or 
 Charities sliall be solely interested to transmit the same to the Office of the 
 said Commissioners for Examination ; and where such Deed or Document 
 shall not l)e held bv any Ptn-son entitled as a Trustee or otherwise to the 
 Custody thereof, the Board may either retain the same, for tiic Security 
 thereof, in the Repository provided by them under the Sixty-third* Section 
 of " The Charitable Trusts Act, 1853," or, as they may think most advan- 
 tageous to the Charity, may thereupon, or at any Time thereafter, return 
 or issue the same to the Trustees or Persons acting in the Administration of 
 the Charity, for the Purposes thereof. 
 
 [C. T. Act, 1855. ] 42. Any Deed, Will, or Document relating to any 
 Charity may be enrolled by the lioard in Books to be provided and kept 
 by them for that Purpose at their Office, and a Copy of any such Deed, 
 "\Vill, or Document made from such Books, and certified under the Hand of 
 the Secretaryf or One of the Commissioners, shall be received as Evidence 
 and Copies to of thc Coutcuts of the samo Deed, Will, or Document. 
 
 be Evidence. 
 
 Deeds, &c. 
 relating to 
 Charities 
 may he 
 eurolled at 
 the Olliec, 
 
 Dividends 
 on Stock 
 in Name of 
 Official Fund 
 Trustees to 
 be earricd 
 to Account 
 free from 
 Income Tax. 
 
 (5.) THE EXEMPTION FROM INCOME TAX OF DIVIDENDS 
 UPON STOCK IN THE PUBLIC FUNDS. 
 
 [C. T. Act, 1855. J 28. .Ml Dividends arising from any Stock in the 
 Public Funds standing in the Name of the Official Trustees of Charitable 
 Funds, and which shall be certified by the Board to the Governor and 
 Compnnij ofX 'be Bank of England to be exempt from the Property or 
 Income Tax, shall be paid or carried to the Banking Account of the Official 
 Trustees without any Deduction of such Tax; and all Dividends arising 
 from any Stock in tlie Public Funds standing m any other Names or Name, 
 and w hicli the JJoard shall certify to the Qocernor and Gompuny ofX the 
 Bank of England to be subject only to Charitable Trusts, and to be exempt 
 from such Tax, shall be paid without any i)eduction thereof. 
 
 [• Should be " Fifty.third."] 
 
 [t or any officer of 'he Board duly authorised to act on behalf of the Secretary. See Chari- 
 table Trusts Act, 18H7, sect. 3. (p. 16).] 
 
 \X Repealed by the Statute Law Revision Act, 1892 (55 Sf 56 Vict. c. 19.).]
 
 COSTS.— APPOINTMENT AKD KKMOVAL OF TBTTSTEE8. 481 
 
 (6.) THE TAX A TION OF BILLS OF COSTS. 
 
 [0. T. Act, 1855.] 40. The Board may order the Bill of Costs or Power to 
 Charges claimed by any Attorney or Solicitor on account of Business con- '■*'"^''" B'"* 
 ducted or transacted by him on belialf of aiiv Cliarity, or the Trustees °f, <^'''»'« '» 
 thereof, to be examined and taxed l)y the Taxing Masters of the Court Ala,te7s to 
 of Chancery, or by the proper Taxing Officers of any of the Superior Courts Taxatiou. 
 at Westmmster, who shall proceed to examine and tax tlie same Bill 
 accordingly; and if tlie same shall be reduced upon sucli Taxiition by the 
 Amount of One Sixth Part or more of the Amount thereof, the Costs of the 
 Taxation shall be paid by such Attorney or Solicitor, hut otherwise out of 
 the Funds of the Charity by the Trustees then^of; and the Board may, 
 after being satisfied as to any Bill that it contains exorbitant Cliarn-es 
 order any sucli Bill to be so taxed, notwithstanding that tlie same inav 
 have been paid by t he Trustees of the Charity at any' Period not more than 
 Six Calendar :\rontIis preWously to such Order; and any Amount taxed off 
 any such paid Bill shall be a Debt due from the Attoniev or Solicitor to 
 the Trustees of the Charity, and shall bo forthwith paid bv him to such 
 Trustees accordingly. 
 
 VIII.— Provisions conferring on the Charity Commissioners 
 Powers for the Appointment and Removal of Trustees 
 of Charities. 
 
 {a.) AS INCIDENTAL TO ORDERS FOB THE APPORTION- 
 
 MENT OF CHARITIES. 
 
 entitled TO the Benetitof a Charity has or shall have been divided into se])arate app^rtioi 
 Parishes or Ecclesiastical Districts, and no A2iportionnieiit of Charities (jha'riik* 
 
 [C. T. Act, 1855.] 10. Wliere any Parish or Ecclesiastical District Power to 
 
 tiOD 
 
 L'hial 
 
 originally applicable to the Parish or District so divided shall have been made after Divi- 
 by Parliament or other competent Authority, the ]?oard, in respect of all »'on of 
 Charities the gross annual Income wh('r(>or does not for the Time being P""'*'''-'*- 
 exceed Thirty Pounds, may apportion the Bimefit of the Charity between 
 each new Parish or District, or any Portion tlu>reof taken from the Parish or 
 District originally entitled to the whole Benefit, and the Remaiuder of such 
 last-mentioned Parish or District, in such Planner and such Proportions as, 
 upon a Consideration of the Purposes of the Charity, the Population of eaeli 
 Parish or District, and other Cireumstanecs, they may think lit, and may also 
 apportion the principal Endowments between such Parishes or Districts, if 
 it be thought fit, and may appoint separate Trustees of any Part of the 
 Endowments. 
 
 [C. T. Act, 1855.] 11. The Certilicate of the Board, that according Evi.Wnce aa 
 to their .ludgment tlie gross yearly Income of the Charity does not for ihe |o »"""»' 
 Time being exceed Thirty Pounds, shall be sullieient Kvidenee of the Amount anvT'hiuity 
 of such annual Income for the Purpose of determining the Jurisdiction under uot cxceeJ- 
 the foregoing Provision. inar 3o/. 
 
 [C. T. Act, 1855.1 13. No Order lor apportioning the Henetits of any Notit-*.-* to 
 Charity shall be made by the Hoard until after such public Notices shall have •»<' pi'^p" of 
 been given of the Proposal lo make the same as the Board n\u\ i-onsider J!^""*"'" 
 expedient for insuring Publicity ui each Parisli or District in whicii the ^^J^^^ " 
 Charity is or ought to lie applied, or an ong all Persons interested therein, 
 nor until after the Expiration of One Month from the Publication of such 
 Notice ; aad every such Notice shall contain (so far as conveniently may 
 
 V 2
 
 44 
 
 APrOlNTMENT AND REMOVAL OF TRUSTEES. 
 
 ProceoJing!* 
 upon the 
 Uecoii)t of 
 Objoi'lioiisor 
 Suggestions. 
 
 ho) sufficient Particulars of the ])ropose(l Order to show tlie Ol)jccts thereof, 
 and shall proseril)e a Time within which any Ohjections thereto may be 
 stated or transmitted to the Board. 
 
 [C. T. Act, 1855. 1 14. All Objections which may be made to any 
 proposed Order shall he considered by the Board, who may suspend the 
 makin? thereof for further Inquiry, or may modify the same, as may be 
 found "expedient ; and a Coi)y of every such Order Avhen made shall, in 
 the Case of any local Cliarity. be deposited for the Space of One Month 
 in some convenient Place within the Parish or One of the Parishes or the 
 District in which the Charity is api)licable, and also be open to Inspection 
 at the Office of the Conunissioners, and such Publicity shall be given thereto 
 among all P(>rsons interested in tlie Charity as the Board shall consider 
 exped'icnt; or if the Charity be not local, then a Copy of such Order shall 
 be open to Inspection at the Office of the Commissioners, and public Notice 
 thereof shall be given in such Manner as to the Board shall seem fit, and in 
 Cases where there is a special A'isitor, Notice shall bo given to him. 
 
 (b.) GENETiALLT. 
 
 Certain [C. T. Act, I860.] 2. The Board of Charity Commissioners for 
 
 aiiuiiui.^tra- England and Wales, subject to the llestrictions and Bights of Apjjeal 
 
 live Powers herein-after provided, shall have Power from Time to Time, upon the Applica- 
 
 iiLlblehvVlie *'0" "f ^"y Person or Persons wlio, under the Forty-third Section of " The 
 
 Ct^rityCom- Charitable Trusts Act, 1853," might be authorized to apply to any Judge or 
 
 missione.-s. Court for the like Purposes, to make such effectual Orders as may now be 
 
 made by any .Judge of the Court of Chancery sitting at Chambers, or by any 
 
 County'Court or JHsfricf Court of Jicitkriiplci/* for the Appointment or 
 
 llemoval of Trustees of any Charity, .... 
 
 \_T/ii8 section in printed in full in Appendix, Xo. 1, p. 7.">.] 
 
 [C. T. Act, 1862.] Whereas by the Acts relating to tlui Charity 
 Commissionei's for England and Wales, Authority has been given to the 
 Commissioners to make Orders for various Purposes in Charity Cases upon 
 suuunary Application, and particularly in relation to the Appointment and 
 Removal of Trustees, . . . . : And Avhereas in various Private Acts 
 of Parliament and Decrees and Orders of the High Court of Chancery relating 
 to Charities such Powers and Authorities ore often given or reserved, with 
 Directions that the same shall be exercised by the said Court, or with its 
 Sanction or Approbation, and Doubts are entertained whether in such Cases 
 the Authority given to the Charity Commissioners can be validly exercised : 
 Be it therefore enacted and declared Ijy the Queen's most Excellent Majesty, 
 1)1/ and with the arlrice and consent of the Lords Spiritual and Temporal, 
 and Commons, in t/iis present Parliament assembled, and by the authority of 
 the same,f as follows : 
 
 1. No Provision contained in any such Act of Parliament or Decree or 
 Order as aforesaid for the Appointment or Removal of Trustees of any 
 Charity, .... by or under the Order or with the Approval of 
 the Court of Chancery, shall (in the Absence of any express Direction to the 
 contrary, to be contained in any future Act of Parliament, Order, or Decree,) 
 exclude or impair any Jurisdiction or Authority which might otherwise be 
 properly exercised for the like Purposes by the Charity Commissioners for 
 
 No proTision in 
 any Art of Par* 
 liani<M)t, nr 
 Dern-** p»'Ifttin« 
 to nny Charity 
 un(I(-T nny Ortter 
 of tlio Court of 
 Chanrt-ry. to 
 rxclncle any 
 Jurisdiction 
 which mifrht 
 othprwi.wbe 
 exerriMd by the 
 Chanty Coniniis. 
 sioniTs. 
 
 En "land and AVales. 
 
 [T/tis section and the preamble are printed in full in Appendix, No. \, p. 76.] 
 
 By whom [C. T. Act, 1853.1 43. Every Application to any Judge or Court 
 
 Applications binder the J urisdiction created or conferred by any of the Provisions of this 
 may be Act, may be made by Her Majesty's Attorney General, or, subject to the 
 
 jnadp. Prodsions aforesaid, by all or any One or more of the Trustees or Persons 
 
 administering or claiming to administer, or intercstod in, the Charity which 
 
 r* liepealed by t/to Statute law Jievixion Act, 1875 (38 i^ 30 Vict, c. 6G,),1 
 Lt Repealed by the Statute law Revision Act, IB93 (66 Vief. c, H.).]
 
 APPOINTMENT AND EEMOVAL OF TRUSTEES. 45 
 
 shall 1)0 the Subject of such Application, or any Two or more Inhabitants 
 of any Parish or Place within which the Charity is administered or 
 applicable ; . . . . 
 
 \_This section is printed in full in Appendix, No. \, p. 7i.] 
 
 [C. T. Act, 1860. J 4. The said Board shall not make any Order, under The Powers 
 the Jurisdiction vested in thera by this A.ct, with respect to any Charity of '? ^^ ^-''er- 
 which the j^^ross annual Income, exclusively of tlie yearly Value of any '^'-'l'?,''' °''?'" 
 Buildings or Land used wholly I'or the Purposes thereof, and not yielding "f'wl'i^h'the 
 any pecuniary Income, shall amount to Fifty Pounds or upwards, except frro^ income 
 upon the ai)plication of the Trustees or Persons aciting in Ihc Administration ''''"" <^xcwd 
 of the Charity, or a Majority of them to be made tf) the said Board in A^'lSuon' 
 Writing under their Hands if they shall be unincorporated, or under their orrrustew. 
 Common Seal ii" they shall be incorporated, .... 
 
 \_ThiH section is printed in full in Appendix, No. 1, p. 75.] 
 
 [C. T. Act, 1869.] 5. An application to the Board of Charity Com- Mode of 
 missioners for Jilnglaiid and Wales, for the purposes of the CJIiaritable Trusts application 
 Acts, 1853 to 18(Jl>, when made by the trustees or persons acting in the ^° ^°"'""'" 
 administration of the Charity, may be made in writing signed by any person 
 authorised in that behalf by resolution passed l)y a majority oF those Trustees 
 or persons Avho arc present at a meeting of their body duly constituted and 
 vote on the question. 
 
 [C. T. Act, I860.] 10. The Jurisdiction vested by this Act in the Power* to be 
 said Board shall he exercisable with reference to Chari'lies vested in anv "I'l"''^"*'''' •* 
 Corporation Sole or Aggregate, who, either solely or jomtly with any otiier vcsii-d iu 
 Person or Persons, shall also l)c the iiecipients of the Bcaetit thereol". Corpora- 
 
 tions, &c. 
 
 [C. T. Act, 1869.] 15. So much of the Charitable Trusts Acts. 1853 Extension 
 to lS(iO, as authorises and relates to orders of the Board for the appointment ^'f p»r' of 
 or removal of trustees of a chai-ity, .... shall exttmd to build in irs ^^^!^*^ , 
 i-egistered as places of meeting for religious worship ^ith the IJegistrar places of 
 General of J5irtlis, Deaths, or Marriages in England, and bona fide used as religious 
 places of meeting of religious worship : Provided that no such order shall be worship, 
 made except upon the application of the trustees or persons acting in the 
 administration of the cliarity, made in manner provided by section four of 
 the Charitable Trusts Act, 1860,* or by this Act.f Save as provided liy this 
 section, such buildings shall continue exempted from the Charitable Trusts 
 Acts, 3853 to 180!). 
 
 [T/iis section is printed in full at j). 12.] 
 
 [C. T. Act, 1894.] 4. The exemption of any building registered as a Extension of 
 place of m"eting for religious worship with the Begistrar-General of Births, exemption in 
 Deaths, or Marriages in England and Wales, and bond tide used as a place of ^''*i"^''*^J- 
 meeting for religious worship, contained in the sixty-second section of the i8&'l9Vie7 
 Charital)le Trusts Act, 1853, and in the ninth section of the Places of c. t(l.8. 9, of 
 Worship Registration Act, 1855, shall extend, and shall, without prejudice to pl'ioes of 
 any order of the Charitv Commissioners made before the passing of this Act. '"''?''!"P ^°^ 
 be deemed to have always extended to — worshin. 
 
 (rt) any lorecoiu-t, yard, garden, burial-ground, vestry, or caretaker's 
 house, in respect of situation connected with, and held upon tlie 
 same trusts as, any building registered aud bon;\ tide used as 
 aforesaid ; and 
 {!)) any Sundav-school house or other land or building which shall be 
 certiiied by an order of the Charity Commissioners, made upon the 
 application of one or more of the trustees or persons aetini; iu the 
 administration thereof, to be hiild upon the s;ime trusts as any 
 building registered and used as aforesaid, or upon like trusts, and 
 to bo in respect of situation so connected with <.r held or used in 
 
 [• ^pe .««|)ro,] rt *'<''''< ^ ^** vipra,']
 
 46 
 
 APPOINTJrEKT AND REMOVAL OF TKl'STEEP. 
 
 32 & 33 Vict, 
 c. 110. s. 15. 
 
 connexion witli such building that it cannot conveniently be 
 separati (1 tlienfrom : 
 
 rrovulod always that so much of the Charitable Trusts Acts, 1853 to 1891, 
 as by virtUL' of thu lit'teenth section of the Charitable Trusts Act, 1869, 
 extt'uils to buildings registered and used as aforesaid, shall also extend to the 
 ])roperties declared lo be exempted l)y this Act in the same manner and 
 subject to th'- s:im(> restrictiims as itiie buildings registered and used as 
 aforesaid. 
 
 Ues.'n»iion [Q_ T- Act, 1853.] 46. Nothing herein contained shall diminish or 
 of Kiiilit.- an.l (ipt,..,^.t from any I'.ight or Privilege which by any Rub- or Practice of the 
 rhurcho^f" Court of Chancery, or by the Construction of Law, now subsists for the 
 EiixUnd Preference or the exclusive or special B(Miefit of the Church of England, or 
 with i.vspect the -Members of the sjvme Church, [in .settling any Scheme for the Regulation 
 to t'lmriiies. ^^j- ,^^^^. ('|,;,,.ity, or] in tlie Appointment or Removal of Trustees, [or generally 
 in the Application or ^lanagement of any Charity]. 
 
 [C. T. Act, I860.] 4 And the Board shall not make 
 
 any Order lomoving any Trustee on the Ground only of his Religious Belief. 
 
 [^This section in printed in full in Appendix, No. 1, j). 75.] 
 
 The Board 
 
 .•(liall not 
 
 exercise 
 
 Juri.siliction 
 
 over Cou- 
 
 tentious 
 
 Cases. 
 
 Boanl to 
 notify to 
 Trustees of 
 Charity 
 their Inten- 
 tion of exer- 
 cising Juris- 
 diction. 
 
 Amenilment 
 of sect. 3 of 
 23 & 21 Viet, 
 c. 136, 
 
 I C. T. Act, I860.] 5. The said Board also shall not exercise the 
 .Jurisdiction hereliy vested in tliem in any Case which, by reason of its 
 Contentious Character, or of any special Questions of Law or of Fact which 
 it mav involve, or for other Reasons, thev mav consider more tit to be 
 adjudiciited on by any of the Judicial Courts. 
 
 [C. T. Act, I860.] 3. The said Board, previously to making any 
 Order under the .Turisdiction vested in them by this Act, shall notify to the 
 Trustees or Administrators (if any) of the Charity to be efi'ected thereby 
 their Intention of exercising such Jurisdiction, by Notice in "Writing, to be 
 delivered to them, or sent to them by the Post at their last known Place of 
 Abode in Great Britain or Ireland. 
 
 [C. T. Act, 1869.] 4. A notice under section three of the Charitable 
 Trusts Act, IbOO, need not l)e sent by the Board of Charity Com- 
 missioners for England and "Wales to any trustee or administrator of a 
 charity who has been jiarty or privy to the aj)plication to the Board upon 
 which they exercise their jurisdiction. 
 
 Notices to be 
 given of 
 certain 
 <')r<k'rs, iind 
 Objoetiims 
 or iSiigrne-'- 
 tions to lie 
 received. 
 
 [C. T. Act, 1860. ] 6. No Order appointing or removing a Trustee, 
 . . . sliall be made by the said Board before the Expiration of One 
 Calendar ^Month after public Notice of tlie Proposal to make such Order 
 shall have been given, as they may consider most expedient and effectual 
 for ensuring the Publicity thereof, in each Parish or District in which the 
 Charity, if of a local Character, shall be ajiplicable, or among all Persons 
 interested therein ; and no Order removing a Trustee .... of a 
 Charity who sliall have any known Place of Residence in Great Britain 
 or Ireland, and who shall not be con.senting to bo discharged, shall be made 
 before the Ex])iration of One Calendar Month after Notice of the Proposal 
 to make such ( )rder shall have also been delivered to him or her, or sent by 
 the Post or otherwise to such his or her Place of i'esideuce, and until 
 after sufficient Hearing of the Matter before the said Board, or some Member 
 thereof, or One of their Inspectors* ; and every Notice hereby required shall 
 contain (so far as conveniently may be) sufficient Particulars of the Objects 
 of the proposed Order, and sliall prescribe a reasonable Time within which 
 any Objections thereto or Suggestions thereon may be made or transmitted 
 to the Board ; and the said Board shall receive and consider all such 
 Objections and Suggestions, and may withhold, suspend, or modify their 
 
 [♦ Note '' Attistant Commissioners." See Charitable Trusts Act, 1887, sect. 2, tub-sect. 3 
 (p. 13).J
 
 APPOINTMENT AND rtF.AIOVAL OF TRUSTEES. 47 
 
 proposed Order, as they shall thennipon, or in tlie Result of furtlier inquiry, 
 or otherwise, tliiiik expedient. 
 
 \^This section is prinied in full in Appendix, No. I,}'- 75.] 
 
 [C. T. Act, 1869.] 7. Nothint^ in the Charitable Trusts Act«, 1853 to Notice of 
 1809, sluiU Ije (U'enied to require or to have required the Board, upon 23^^';,. y- 
 modifying a proposed order in manner provided by section six of the c. uj s G 
 Charitable Trusts Act. 18(;0, after the piiblicalion th'ereoi', to give public 
 notice of such moditied order in the luanuer provided by tliat section Avith 
 respect to the order originally proposed, lujless they think further notice 
 desirable. 
 
 [C. T. Act, I860.] 7. A Copy of every such Order when made shall. Publication 
 in tlie Case of anv local Charity, l)e deposited 'for the Space of One Calendar of J.-fiiiitive 
 Month in some convenient Place witliin the Parish or One of the Parishes ^''''''''■*- • 
 or in the Disti-ict in which the Charity shall be applicable, and shall be 
 open to public Inspection there at all reasonable Hours dnrinLj the same 
 Period; and a Copy also of every such Order relating to any Charity, 
 whether local or general, shall be kept open to pulilic Inspection ;it all 
 reasonable Hours, at the Office of the Commissioners, during a like period 
 of One Calendar Month ; and in each Case eU'eetual Publicity shall be given 
 to the making of the Order by such Means as the Board shall consider most 
 expedient for that Pm'pose. 
 
 [C. T. Act, I860.] 8. The Attorney General, or any Person autho- Power to 
 rized by him or by the said J5oard, in the Case of any Charity, wliatever may appt-al 
 be the yearly income of its Endowments, and any Trustee or Person acting "25""*^ 
 in the Administration of or interested in any Charity of which the gross jj^arj^" ° 
 yearly Income to be calculated in manner aforesaid* shall exceed Fifty 
 Pounds, or any Two Inhabitants of any Parish or District in which the same 
 shall be specially applical)le, may, within Three Calendar Months ne.\.t after 
 the definitive Pu!)lication of any Order of the said Board appoinTing or 
 removing a Trustee or Trustees, .... present a Petition to the 
 Higli Court of Chancery in a summary AVay, appealing against such Order, 
 and praying such Relief as the Case may require ;....; and 
 the Court, upon or before the Hearing of any such Petition of Appeal as 
 aforesaid or at any Stage of the Proceedings, may require, if it shall think 
 fit, from the said Board, their Reasons for making the Order appealed 
 against, or for any Part of such Order, ami may remit the same to the Bcjard 
 for Reconsideration, with or without any Declaration in relation thereto, or 
 may make any substitutive or other Order in relation to t!ie ^Matter of the 
 Appeal, as it shall think just ; and tlie Court may make any Order respect- 
 ing the Costs, Charges, or Exi)enses incident to the Appeal, and may also, 
 before hearing or ])roceeding with the same, require from anv A|)pellant, 
 other than the Attorney (Jeneral, proper security for such Costs, Charges, 
 and Expenses as may be eventually payable by him ; but no such Petition 
 of Appeal shall be presented by any Person, other tlian the Attorney (ieiu'ral, 
 before the Expiration of Tweiity-one Days after written >iotice, under the 
 Hand of such Appellant, of his or her Intention to present such Petition, 
 shall have been delivered to the said Board at their Office. 
 
 [^Thin section is printed in full in, A/ipendix. Xo. 1, /i. 75.] 
 
 [C. T. Act, 1869.] 10. A petition to the Court of Clianccry under Apponls 
 section eight of the Charitahlc Trusts Act, IMU), may be presented in the case under 
 of all charities bv the same i)ersons only as in the case of a charitv the irross ^-^^^ 2i\ict. 
 annual income of which does not exceed fifty pounds. 
 
 [C. T. Act, 1869.] 11. A petition shall not be presented to the Court Sorviiooi 
 
 of Chancery by any person under section eight of the Charitable Trusts Act, Aitomov 
 
 1860, before the expiration of twenty-one days after written notice under the ^"""ji''' I'- 
 
 "hand of the appellant of his intention to j)resent such petition has been s'-v.-I ,„,;i,.r 
 
 [• Scrsfctiou I oft/ic C/idrlftililr Trx.ilt U-f, 18C0 (p. 45).]
 
 48 
 
 TRUSTEES. — REMOVAL OF SCHOOLMASTERS, &C. 
 
 sect. 8 of on the Attorney-Geneml by deliveriug the same to the solicitor who acts for 
 23 & 24 Vict, liiiu in ex-oflicio proceedings relating to charities. 
 
 c. 136. 
 
 Who may be [C. T. Act, 1860. | 9. Tlio Attorney General, if he shall think fit, or 
 the Respon- any Person autliorized I)y him or by the said Board, may appear as the 
 1 _. ._ Respondent upon any such Apjjeal, and the Court may make any Order 
 
 respecting the Costs,* Charges, and Expenses of the Attorney General or 
 
 other Defendant. 
 
 dent on 
 Apiwals 
 
 piv|inif niid 
 
 ilcli-nd 
 
 Bchenu' 
 
 Employment [C. T. Act, 1869. J 9. The ]ioard, if they think it desirable,whcrc the 
 of iK-iToiis to <Ti-oss annual income ol" a charity is in their opinion sufficient to bear the 
 
 " ' expense, may, upon the application of the trustees or of any other person or 
 
 persons entitled to apply to them in that behalf, .... order the 
 costs incurred .... in consequence of the employment of any 
 j)erson to appear on behalf of the respondent upon any api)eal against any 
 order, to be provided in the same manner as if they Avere costs of a 
 transaction mentioned in section thirty-six of the Charitable Trusts Acts, 
 1855.* 
 
 \_Thi^ section is jmnted in full at ji. 26.] 
 
 IX.— Provisions conferring on the Charity Commissioners 
 Powers for, or in Relation to, the removal of School 
 Masters, or other Officers, or recipients of Charities. 
 
 C'limmis- 
 sionprs to 
 authori/.o 
 Tnistees to 
 remove 
 Officers. 
 
 [C. T. Act-, 1853.J 22. It shall be lawful for the Board upon j^roof 
 to their Satisfaction that any Sclioolmaster or ydioolmistress or other 
 Officer of any Charity has been neglii^ent in performing his or her Duties, 
 or that he or she is unfit or incompetent to discharge tlicm properly, either 
 from immoml Conduct, Age, or any other Cause whatsoever, to empower 
 the Trustees of such Charity to remove such School Master or Mistress or 
 other Officer, and to charge the Salary of his or her Successors, or any other 
 Portion of the lievenues of the Charity, Avith such Retiring Pension or 
 Allowance, if any, in favour of the Person so removed, and generally to 
 impose such Coiulitions as to the said Board shall appear proper: 
 Provided ahvays, that where there shall be any special Visitor of the Charity, 
 the Consent of such Visitor, in Writing under his Hand, shall be necessary 
 in order to such removal. 
 
 Masters iiiid 
 Mistresses of 
 Endowed 
 Schools to be 
 removable. 
 
 [C. T. Act, I860.] 14. Every School Master and Mistress appointed 
 alter tlie Date of this Act shall be removable from his or her Office, after 
 reasonable Notice by the Trustees or Persons acting in the Administration 
 of the Charity, as they shall think expedient in the Interests thereof, so 
 nevertheless that the llemoval by virtue only of this Provision of a Master 
 or ^listress who would be otherwise irremovable from his or her Office shall 
 be determined on by all or a Majority of such Trtistecs or Administrators 
 assemlded at a Meeting convened by due Notice, delivered or sent by the 
 Post to all such Trustees or Administrators who shall have any known Place 
 of Residence in Great Britain or Ireland, by the Space of not less than 
 Twenty-eight Days previously, for the special Purpose of considering and 
 determining on the Question of such llemoval, and of which intended 
 Meeting a Notice shall also be delivered or sent in like Manner to the 
 [Master or Mistress by the same previous Space, and so also that the Resolu- 
 tion of the [Meeting for the Removal of any such last-mentioned Master 
 or Mistress shall be forthwith certified under the Hands of the Trustees 
 or Persons actini; as aforesaid who shall have concurred therein, or under 
 the Hand of the Ciiairman of the Meeting, and shall within Seven Days next 
 thereafter be transmitted to the said Board for their Approval, and the 
 
 [• JFor this section, see p. 29.]
 
 hEMoVAL 61' ^CflOOLMAsTEliS, OR o'fift'ii oMcMt 4!) 
 
 game shall not take effect unless or until tlid same shall hate heeii approved 
 by tlio said Boai'd, who may also, if tlit-y so think fit, fix the Time or any 
 reasonahlo Conditions at or under which the same shall come into operation; 
 if also there shall be any Special Visitor of the Charity Avho shall be 
 resident in Great Britain or Ireland, and free from Incapacity, no 
 Removal of any such last-mentioned Master or :Mistress shall be made'under 
 the Authority only of the preceding Provision -without the written Consent 
 of such Visitor : Provided always, that this Section shall not apply to any 
 endowed Grammar School. 
 
 [C. T. Act, I860.] 2. The Board of Charity Commissioners for Certain 
 England and Wales, subject to the llestrictions and Rights of Ajipea! herein- a.lmin 
 after provided, shall have ])ower from Time to Time, upon the A[)plicatitjn of *'''" I'owers 
 any Person or Persons who, under tlie Forty-third Section of " The Charitable (.",l'i,"ie b^tlifi 
 Trusts Act, 1853," might be authorized to aj)ply to any Judge or Court for charity Co 
 the like purposes, to make such efiectual Orders as may now be made by any missioiiers 
 Judge of the Court of Chancery sitting at Chambers, or by any County Court 
 or District Court of Banlcruptcij* [for the Api)ointment or kernoval of Trustees 
 of any Charity, or] for the llemoval of any School Master or Mistress or 
 other Officer thereof.f .... 
 
 [^This section is printed in full in Appendix, No. \,p. 75.] 
 
 iistra- 
 
 om- 
 
 [C. T. Act, 1853.] 43. Every Application to any Judge or Court Hywliom 
 under the Jurisdiction created or conferred by any of the Provisions of this Applications 
 Act, may be made by Her Majesty's Attorney General, or, subject to the '""■[ '"' 
 Provisions aforesaid, by all or any One or more of the Trustees or Persons 
 administering or claiming to administer, or interested in, the Charity wliich 
 shall be the Subject of such Application, or any Two or more Inhabitants of 
 any Parish or Place within which the Charity is administered or applicable ; 
 
 \_This section is printed in full in Appendix, No. 1, j>. 71.] 
 
 [C. T. Act, I860.] 4. The said Board shall not make any Order, under The Powers 
 the Jurisdiction vested in them by this Act, with respect to any Ciiarily of «o be exer- 
 which the gross annual Income, exclusively of the yearly Value of any '^'^'/.'^ "^ ^ 
 Buildings or Land used wholly for the Purposes thereof, and not yielding „{ wiiidi the 
 any pecuniary Income, shall amount to Fifty Poimds or iipwards, except gross income 
 upon the Application of the Trustees or Persons acting in the Administration *j'"" fxivwl 
 of the Charity, or a majority of them, to be made to the said Board in \ , ,|)^4,i°"' 
 "Writing under their Hands if they shall be unincorporated, or inuler their of Trustees. 
 Common Seal if they shall be incorporated, .... 
 
 \_This section is printed in full in Appendix, Nu. 1, i>. 75.] 
 
 [C. T. Act, 1869.] 5. An apidication to the Board of Charity M.-lo oE 
 Commissioners for England aiid Wales, for the purposes of the Charitable 'M'^'^""''"" 
 Trusts Acts, 1853 to 1^(50, when made by the trustees or persons acting in the " ""'^' ' 
 administration of the charity, may be madi' in writing signed l)y any person 
 authorised in that behalf by a resolution ))assed by a majority of those 
 trustees or persons who are present at a meeting of their body duly eonstiluted 
 and vote on the question. 
 
 [C T. Act, I860.] 10. The .lurisdietion vested by this Act in the said Towers to bo 
 Buavu shall he e.\.ercisahle Avith reference lo Charities vested in any "l'l'li|'|''^^' lo 
 Corporation Sole or Aggregate, who, either solely or jointly with any other J^l'lX^ 
 i'erson or Persons, shall also be the llccipients of the Benefit thereof. Coriwmtions, 
 _ Ae. 
 
 [• Jiepcnled by the Statute Law Rermon Act, 1875 (38 ^ .lO Vict. c. G6.).] 
 
 [■f For tlujurixJiction under llie ClturltiiUt Trusts Acts (\) of a Judije of the Chancer// 
 
 Dieisiou of the High Court of .fust ice at Chambers, sec p. 61 ; (2) of the Chancery Court of the 
 
 County r'ahtlinc of Lancaster, sec j). G4 ; and (3) of the County Covrts, sec ji. G5.j 
 
 U y'.UT. "■
 
 50 
 
 REMOVAL OF SCHOOLMASTERS, OB OTHER OFFICERS. 
 
 The Board 
 
 shall not 
 
 exerci.s*' 
 
 Jurisdictiou 
 
 over CoD- 
 
 tcntious 
 
 Cases. 
 
 fC. T. Act, 1860. 1 5. 'i'lx- '^aid Board shall not exercise the Jurisdic- 
 tion herc'l'v vcst.ul in thorn in any Case which hy reason of its Contentious 
 Character,' or of anv spiK-ial (^)uestions of Law or of Fact which it may 
 involve, or for other 'Reasons, tliey may consider more fit to he adjudicated 
 on hy any of the Judicial Courts. 
 
 [C. T. Act, 1860. J 3. The said Board, previously to making any 
 Order uniler tlit' Jurisdiction vested in them hy this Act, shall notify to the 
 Trustees or Administrators (if any) of the Charity to heelfected tlierehy their 
 
 Beard to 
 notify t« 
 Trustees of 
 
 inlenlfonof' fntcntion^of exercising such j'urisdiction, l)y' Notice in Writing, "to he 
 
 exercising 
 Jurisdietion. 
 
 Amendment 
 of sect. 3 ol 
 '2ii&2\ Vict 
 c. 136. 
 
 Notices to be 
 given of 
 ccrtiiin 
 Orders, nnd 
 01>jt'ction>' 
 or Sugfies- 
 tions to be 
 received. 
 
 Power to 
 appeal 
 against 
 Orders of 
 Board. 
 
 delivered to them, or sent to them by the Post at their last known Place of 
 Ahode in Great Britain or Ireland. 
 
 [C. T. Act, 1869.] 4. A notice under section three of the Charitable 
 Trusts Act, 18(i0, need not be sent by the Board of Charity Commissioners 
 for England and Wales to any trustee or administrator of a charity who has 
 been party or privy to the application to the Board upon which they 
 exercise their jurisdiction. 
 
 rC. T. Act, I860.] 6 and no Order removing a . . . . 
 
 School ]\Iasl or or Mistress or other Officer of a Charity who shall have any 
 known Place of Eesidence in Great Britain or Ireland, and who shall not be 
 consenting to be discharged, shall be made before the Expiration of One 
 ("aleiular i\Ionth after Notice of the Proposal to make such Order shall have 
 also l)een delivered to him or her, or sent by the Post or otherwise to such 
 his or her Place of Residence, and until after sufficient Hearing of the 
 Matter before the said Board, or some ;Member thereof, or One of their 
 Iiitipectoi's* ; and every Notice hereby required shall contain (so far as 
 conveniently may be) sufficient Particulars of the Objects of the proposed 
 Order, and shall ])roscri1)e a reasonal)le Time within which any 01)jections 
 thereto or Suggestions thetaon may be made or transmitted to the Board ; 
 and the said Board shall receive and consider all such Objections and 
 Suggestions, and inay withhold, suspend, or modify their proposed Order, as 
 they shall tlicreuiion, or in the Result of further Inquiry, or otherwise, think 
 expedient. 
 
 [T/z/s section is printed in full in Apjienclix, Xo. l,p. 75,] 
 
 [C. T. Act, I860.] 8 ; and any Schoolmaster or 
 
 Schoolmistress or other Officer removed by Order of the Board, without the 
 Concurrence of the Trustees or Persons acting in the Administration of the 
 Charity, or a Majority of them, and without the Approval of a Special Visitor, 
 if any,* of the Charity, may, within Two Calendar Months (next after his or 
 her Removal), appeal in like Manner-j- against the Order of Removal; and 
 the Court, xipon or before the Hearing of any such Petition of A])peal as 
 aforesaid or at any Stage of the Proceedings, may require, if it sliall tliink 
 fit, from the said Board, their Reasons for making the Order appealed 
 against, or I'or any Part of such Order, and may remit the same to the Board 
 for Reconsideration, with or without any Declaration in relation thereto, or 
 may make any sul)stitutive or other Order in relation to the Matter of the 
 Appeal, as it shall think just; and the Court may make any Order respecting 
 the Costs, Charges, or Expenses incident to the Appeal, and may also, before 
 hearing or proceeding with the same, require from any Appellant, other 
 than tlie Attorney General, proper Secui-ity for such Costs, Charges, and 
 Expenses as may be eventually payable by him ; but no such Petition or 
 Appeal shall be presented by any Person, other than the Attorney General, 
 before the Expiration of Twenty-one Days after written Notice, under the 
 Hand of such Appellant, of his or her Intention to present such Petition, 
 shall have been delivered to the said Board at their OfOice. 
 
 [T/i/s section is printed in full in Appendix, No. \, i). 7o.] 
 
 [• Now " Assistant Commissioners." Seethe Charitable Trusts Act, 1887, sect. 2, sub-sect. 3 
 (p. 13).] 
 
 [| The mo<lc of appeal prescribed hy the preceding portion of this section is by petition to the 
 High Court of Chancery ; see Appendi.v, 2\'o. l,p. 75, where the section is printed in ftdl.l
 
 BEMOVAL OF SCHOOLMASTERS, OR OTHER OFFICERS. 51 
 
 [C. T. Act, 1869.] 11. A petition shall not be presented to the Court Service of 
 of Chancery by any person under section eight of the Charitable Ti-usts Act, Attorney 
 1860, before the expiration of twenty-one days after written notice under the ^e°'''"al h 
 hand of the appellant of his intention to 'present such petition has been |',njer'"gect a 
 served on the Attorney General by deliverins,' the same to the solicitor M'ho of 2S&2i 
 acts for him in ex officio proceedings relating to charities. Vict. c. 136. 
 
 [C. T. Act, 1860.J 9. The Attorney General, if he shall think fit, Who may b« 
 or any Person authorized by him or by the said Board, may appear as tlie t^o Rt-spon- 
 Respondent upon any such Appeal, and the Court may make any Order •{'^"'on 
 respecting the Costs, Charges, and Expenses of the Attorney General or PP''"'^- 
 other Defendant. 
 
 [C. T. Act, 1869.] 9. The Board, if they think it desirable, where Employmeut 
 the gross annual income of a charity is in their opinion sufficient to bear the "^ person:* to 
 expense, may, upon the application of the trustees or of any other person or P''^P''J*^ *"'' 
 persons entitled to apply to them in that behalf, .... order the scheme, 
 costs incurred .... in consequence of the employmeut of any person 
 to appear on behalf of the respondent upon any appeal against any order, to 
 be provided in the same manner as if they were costs of a transaction 
 mentioned in section thirty-six of the Charitable Trusts Act, 1855.* 
 
 \_This section is printed in full at p. 26.] 
 
 [C. T. Act, I860.] 13. Wliere any School Master or Mistress or Power for 
 other Officer, or any Recipient of the Benefit of a Charity, being in ])ossession Ma{;pstrates 
 by Aartue of his or her Office, or as such Recipient, of any llouse, Buildings, '° '^}'^'^ ^''"*" 
 Land, or Property of the Charity, shall have been removed from or shall School ° 
 cease to hold such his or her Office, or his or her Place as such Recipient, BulUiings 
 but he or she, or any Person claiming under him or her, shall refuse or ""'i I'roperty 
 neglect to relinquish the Possession of such House, Buildings, Land, or ^^^ °*'''" ^^ 
 Property within One Calendar Month jicxt thereafter, to his or lier Successor, Rocip[i)n°ts of 
 or to the Trustees or Persons acting in the Administrntiou of the Charity, charities. 
 or as they shall direct, it shall be lawful for any Two or more Justices of 
 the Peace acting for the District, Division, or Place in which such Uouse, 
 Buildings, Land, or Property shall be situate, in Petty Sessions asseaibled, 
 and they are hereby required, on the Complaint of the said Trustees or 
 Administrators, and on the Production of an Order of the said Board 
 certifying such School blaster or Mistress or other Officer or Recipient to 
 have been duly removed from or to have ceased to hold his or her Office or 
 Place, (which Order under the Seal of the said Commissioners shall be 
 conclusive Evidence of the Pacts thereby certified, and of the Jurisdiction 
 of the said Commissioners to make such Order for all the Purposes of this 
 Enactment, and shall afford a complete Indemnity to all Persons acting 
 thereunder,) to issue a AYarrant under the Uands and Seals of such Justices 
 to any Constables or Peace Officers of the same District, Division, or Place, 
 commanding them, within a Period to be thereby appointed, not being 
 less than Ten or more than Twenty-one clear Days thereafter, to enter into 
 the Premises, and deliver Possession thereof to the said Trustees or Adminis- 
 trators, or their Nominee or Agent, and to remove thei-cfrom such former 
 School Master or Mistress, or other Officer or Uecijiient, and all Persons 
 claiming in his or her Right, as fully and effectually, and subject to the 
 same Provisions, as nearly as the Case will permit, as Justices of the Peace 
 are empowen^d to give Possession of any Properties to the Landlord or his 
 Ao-ent upon the Determination of the Tenancy thereof, under an Act passed 
 in the First aiul Second Years of the Reign of Her Majesty, Clia|)ter 
 Seventy-four, for facilitating the Recovery of Possession of Tenements after 
 the Determination of the Tenancy. 
 
 [• For this section, tee p. 29.] 
 
 G 'i
 
 SCHEMKS, PARLUMEXTART. 
 
 X.— Provisions for the Administration of Charities, and 
 for the Application of the Endowments and Income thereof 
 by means of— 
 
 (a.) iiClIEMES ESTABLISRED BY TUB ACTION OF 
 PARLIAJIENT. 
 
 {!).) SCHEMES ESTABLTSJIED BY THE ClIAlilTY COMMIS- 
 SIONERS. 
 
 (c.) ORDERS MADE BY THE CHARITY COMMISSIONERS 
 FOR THE APPORTIONMENT OF CHARITIES. 
 
 I'owor to 
 iioill'il 
 to liaiiii' 
 Sclit'incs for 
 tlic Appro- 
 priiitioii of 
 Clmritiible 
 Property 
 to varied 
 Trusts. 
 
 Noticp to be 
 flivcn before 
 Approval of 
 Schemes, and 
 Objections 
 iiiiiy be 
 subuiitled 
 for the Con- 
 sideration of 
 liie Board. 
 
 Construction 
 of Sects. 55. 
 and 59. of 
 lfi\ 17 Vict, 
 c. 137. 
 
 ]?oard may 
 alter or 
 modify or 
 Hppro> e of 
 Schomcj. 
 
 («.) SCHEMES 
 
 THE A CTION OF 
 
 ESTABLISHED B Y 
 
 PARLIAMENT. 
 
 I C. T. Act, 1853.] 54. Where upon the Application of any Trustees 
 or ot Iter Persons concerned in tlie ^fanai^eraent or Administration of any 
 Cliarity, or interested in the Benelils tliereof (and after such Examination or 
 Inquiry as the Board may think necessary in relation thereto,) or upon any 
 Eepnit of on lufiprcfor* or Information otherwise obtained by the said Board 
 under this Act, mth relation to any Charity, it shall ai)pcar to the said Board 
 to he desiral)le to have a new Scheme for the Application or Management of 
 the Charity, and such new Scheme as contemplated or considered desirable 
 by the Board cannot be, or it shall in the Opinion of the Board be doubtful 
 whether it can be carried into complete effect by the Court of Chancery, or 
 by any Di.'ih'int or f County Court under the Jurisdiction created by this 
 Act, or otherwise than by the Authority of Parliament, it shall be lawful for 
 the siiid Board in every such Case provisionally to approve and certify such 
 new Scheme in the Manner and subject to the Regulations herein-after 
 mentioned. 
 
 [C. T. Act, 1853.J 55. One Month at least before any such new 
 Scheme shall be so ])rovisionally approved, Notice thereof shall be given 
 in such Manner as the Board may in each Case consider proper or expedient 
 for ensuring due Publicity, and every such Notice shall contain such 
 Particulars of the proposed Scheme as the said Board think fit, and as 
 shall be deemed by the said Board sufficient to show the Nature of such 
 Scheme, and where the Nature thereof cannot conveniently be shown in 
 the said Notice, such Notice shall refer to some convenient Place within 
 the Parish or District, and to Ihc Office in London of the Registrar of 
 Countij Courts Judgments, where a Copy of the proposed Scheme shall be 
 deposited and m;iy be inspected, and every such Notice shall require any 
 Objections to such Scheme to be slated or transmitted to the said Board or 
 their Secretary Avithin One Month from the Time when the Notice shall 
 have been given. 
 
 [C. T. Act, 1855.] 43. The Fifty-fifth .... Section(s) of the 
 principal Act shall be construed and ojierate us if the Words " The Office of 
 the Board " had been inserted tbereiu in the Place of the Words " the Office 
 in London of the Registrar of County Courts Judgments." 
 l^T/iis section is printed in full at p. 72.] 
 
 [C. T. Act, 1853.] 56. If after such Notice as aforesaid any Objec- 
 tions or Suggestions shall be made, the Board shall consider the same, and 
 mny tbereujion, if to them it shall seem fit, alter or modify the Scheme 
 according to any such Objections or Suggestions ; and after all such Objec- 
 tions and Suggestions, if any, have been disposed of, or if no such Objections 
 or Suijgesiions shall have been made, the Board, in case they shall not 
 think lit to refer such Scheme to an Inspector* under the Provision next 
 herein-after contained, may proceed to approve such Scheme, and to certify 
 the same in manner herein-after mentioned. 
 
 [• AoiP " Asxis/ant Commissioner," or *' Assistatit Commissioners," as context may require. 
 .See the Chaiiliihlr Tritxfs Jet. 1SS7. sref. 2, s'lh-srct. 3 (p. l.'Vi.] 
 
 It Jirpca/ril hii the Statute L<nc Jhiisiuii Act, 1892 (55 4- 56 Kit/, c. 19.).]
 
 SCHEMES, PARLIAMENTART. 53 
 
 [C. T. Act, 1853.] 57. Upon the llequisitioa of any Person interested Tl.n Matter 
 in the Cliarity in question (in ease tlu; said Board after due Consideration ' Schemes 
 shall he of Opinion that there are sufficient Grounds for complying with such i.,-ii;rre.l to 
 Requisition), or in any other Case, if the said iioard shall consider it an luspecior 
 desirable, the Matter of any Scheme in question may he referred by the said '"'' L*jcal 
 Board to One of their Inspectors* and such Lispector* shall thei-eupon pro- I"'l"""y' 
 ceed to tnake a local Inquiry and Examination into the ^Matter of the Scheme 
 in question, and for the Purposes of such ln([uiry, such Iitsprctor'^' may hold 
 a Sitting or Sittings in some convenient Place in the Parish or One of the 
 Parishes or the District to or in which respectively the Charity in. (question 
 is wholly or partially situaterl or is administered, and may take and receive 
 any Evidence and Information, and hear and inquire into any Objections 
 or Questions relating to the Scheme or Charity in question, and may froni 
 Time to Time adjourn any sucli Sitting, and public Notice shall be given by 
 such Inspector* of every such Sitting (except an adjourned Sitting) Fourteen 
 Days at the least before the holding thereof, in sucli ]\lode as in the 
 Judgment of the said Board shall be sulllcient to ensure Pulilicitv. 
 
 [C. T. Act, 1853. J 58. Every hinpector* to whom any such Matter Inspi-ctnrs 
 shall be referred shall report in Writing to the said Board the Result of his ippiTi- 1'""- 
 Inqiiiry, and whether in his Opinion the Schenie in question should be |',|,","|rv'to 
 approved Avith or without any Alteration or Modification thereof, and such ii„.'i3oarJ. 
 Report shall specify or indicate the Alterations (if any) which such Inspjoctor"^ 
 shall consider desirable, w ith the Reasons for the same, and also the Natures 
 of the Objections (if any) which shall have been made to the Scheme, and 
 the Opinion of the said Inspeolor* thereon, and the said Board shall consider 
 such Report, and if, as the Result of such Report or after fuilher Iiuiuiry, 
 they shall be satisfied therewith, they may proceed to approve the Scheme 
 in question either with or without any Alteration, and to certify the same 
 in manner herein-after mentioned. 
 
 [C. T. Act, 1853. 1 59. Every Scheme to be approved by the said Sdiom-s 
 Board shall be certified by them, and for that Purpose shall be embodied in ^).!''^'). "'','„ ^e 
 a Certificate to be made by the said Board, and sealed with their Seal; arid ,'.';':,. i ,y 
 in cvcrv Case a Copy of such Certificate shall be deposited in some n..- r. .;.i. 
 convenient Place within the Parish or One of the Parishes or the District < ,. --"'•!i 
 in which the Charity in question shall wholly or partially be situated or J,,'. , |...', .'^-^^.^ 
 administered, and at ///<? OJJicc in Luiidon of the licgislrur of County Courts ;„ ii,-' l'«iish 
 Judgments, and a Notice shall also be given, in such Manner as the Board or nisuict, 
 shall direct, which Notice shall refer to the Certificate so deposited, and ••'">l Noiice 
 shall state the Intention of the Board to proceed with the Scheme thereby *='**■"• 
 certified. 
 
 [C. T. Act, 1855.] 43. The .... Eifty-ninth Section(s) of Constnu-ii.m 
 the principal Act shall be construed and operate as if the Words "The ",'„J''^;|'';,f"'" 
 Ofiiee of the Board" had been inserted therein in the Place of the Words m.^'i; viut. 
 " the Office in London of the Registrar of County Courts Judgments." .■ i;!7. 
 
 [77?/.9 section is printed in full ut />. 72.] 
 
 [C. T. Act, 1853.1 60. Tbo said Board shall in the Month of Ecbruary .Vnn.iul 
 in CAcry Year make a Rej)ort to Her .Majesty of all their Proceedings durinu; |',',J'',",'^!,j,".'"" 
 the preceding Year up to the Thirty-first Day of Deeeuiber then lust past, i",','rlimm-nt. 
 and such Pvei)ort shall, within I'ourteen Days after the making thereof, be which ^lmll 
 laid biMore both Houses of Parliament, if Parliament be then sitting, or s.-t r.nh all 
 otherwise within Fourteen Days alter tbc Meeting thereof; and in siieli ^, ''j.^'^'.^X'^^'' 
 Report the said Board shall specially distinguish and set forth in full all 
 the Scheuir.-s (if anyj approved by them under the Provisions lastly herein- 
 before contained, together with the (irounds of such their Ai)pi()val, and the 
 Objections (if anv) which have been made thereto, and all Proceedings had 
 in respect of such ( )bjeetions and the Grounds on which any such < )bj<rtioiis 
 have been over-ruled ; and in case it shall be enacted by any .Vet of Parliament 
 that any such Scheme or Schemes so certified shall be conlirmed and 
 
 [• Nuw " Assistant Commissionir," «r " Assistant Comiiiistioncn," at context mo;/ nquirr. 
 Scr the Charitablf Trusts Act, ISS7, sect. 2, i.'tl>>cct. .1 (y». 13>.1 
 
 G 3
 
 54 
 
 SCHEMES, CHARITY COMMISSIONERS. 
 
 Certain 
 aduiinist ra- 
 ti VI' Powt'i-g 
 to bf I'xcr- 
 cisahli- hy 
 the t'liiiritv 
 Conimis- 
 sionei-s. 
 
 liy wliom 
 Ai>|>lioationR 
 may Ix' 
 made. 
 
 The Powers 
 to l>c exer- 
 cisable over 
 no C'liiirities 
 of whieli the 
 gross Income 
 bliall exceed 
 
 ■50/. ^vitilulIt 
 
 Appliealion 
 of Trustees. 
 
 Mode of 
 application 
 to Board. 
 
 Powers to be 
 applicable to 
 Charities 
 vested in 
 Coriiora- 
 tious, &c. 
 Extension 
 of part of 
 Acts to 
 rej;isten d 
 places of 
 reiigiou.s 
 "S'orship. 
 
 take oirei't, either with or Avithout any Alterations or [Modifications thereof 
 respect ively, every .siicli -Vet sliall be deemed a Public General Act. 
 
 (h.) SCHEMES ESTJBLrsUEB BY TSE CUABITY 
 COMMISS 1 (JSEBS. 
 
 [C. T. Act, 1860. J 2. The Board of Charity Commissioners for 
 Enijland and Wales, subject to the llestrictions and Rights of Appeal 
 heirin-after provided, shall have Power from Time to Time, u])on the 
 Application of any Person or Pcraons who, under the Porty-third Section 
 of " The Charitable Trusts Act, 1853," might be authorized to apply to 
 any Judge or Court for the like Purjjoscs, to make such effectual Orders 
 as 'may now be made by any Judge of the Comt of Chancery sitting at 
 Chambers, or by any County Court or Distnct Court of Bankntptc;!* 
 for* the Establishment of any Scheme for the Administration 
 of any such Charitv.f 
 
 {This section is printed in full in Appendix, No. 1, p. 75.] 
 
 [C. T. Act, 1853.] 43. Every Application to any Judge or Court 
 under the' Jurisdiction created or conferred l)y any of the Provisions of this 
 Act, may be made by Her Majesty's Attorney General, or, subject to the 
 Provisions aforesaid, by all or any One or more of the Trustees or I'ersons 
 administering or claiming to administer, or interested in, the Charity which 
 shall l)e the Subject of such Application, or any Two or more Inhabitants 
 of any Parish or Place within which the Charity is administered or applicable ; 
 
 [^This section is printed in full in Apjiendix, No. 1, p. 74.] 
 
 [C. T. Act, I860.] 4. The said Poard shall not make any Order, under 
 the .lurisdietion vested in them by this Act, with respect to any Charity of 
 wliieh the gross annual Income, exclusively of the yearly Value of any 
 Buildings or Land used wholly for the Purposes thereof, and not yielding any 
 pecuniary Income, shall amount to Fifty Pounds or upwards, except upon 
 the Application of the Trustees or Persons acting in the Administration of 
 the Charity, or a Majoiity of them, to be made to the said Board in Writing 
 under their Hands if they shall be unincorporated, or under their Common 
 Seal if they shall be incorporated, .... 
 
 [^This section is printed in full in Appendix, No. 1, ]}. 75.] 
 
 [C. T. Act, 1869.] 5. An application to the Board of Charity Com- 
 missioners for England and Wales, for the purposes of the Charitable Trusts 
 Acts, 1853 to 1S(>!), when made by the trustees or persons acting in the 
 administration of the cliarity, may be made in writing signed by any person 
 authorised in that behalf by a resolution passed by a majority of those trustees 
 or persons who are present at a meeting of their body duly constituted and 
 vote on the question. 
 
 [C. T. Act, I860.] 10. The Jurisdiction vested by this Act in the 
 .said Board sliall be exercisable with reference to Charities vested in any 
 'Corporation Sole or Aggregate, who, either solely or jointly with any other 
 Person or Persons, shall also be the Kecipients of the Benefit thereof. 
 
 [C. T. Act, 1869.] 15. So much of the Charitable Ti'usts Acts, 1853, 
 to ]b(5!), as autlicjrisos and relates to orders of the Board .... for 
 the establishment of any scheme for the administration of any charity, shall 
 extend to buildings registered as places of meeting for religious worshi]) with 
 the Registrar General of Births, Deaths, or ^Marriages in England, and bona 
 fide used as places of meeting for religious worship : Provided that no such 
 order shall be made except upon the api)lication of the trustees or persons 
 acting in the administration of the Charity, made in manner provided by 
 section four of the Charitable Trusts Act, 1860, J or by this Act.§ Save as 
 
 [• Repealed by the Statute Law Revision Act, 1875 (38 Sf 39 Viet. c. 66.).J 
 [•f For the jurisdiction under the Charitable Trusts Acts (1) of a Judge of the Chancery 
 Division of the High Court of .Tustice at Chambers, see p. 61 .• (2) of the Chancery Court of 
 the County Falatine of Lancaster, see p. tJ-i ; and (3) of the County Courts, see p. 65.] 
 \X See sujyra.} [§ Sect. 5, stipra.]
 
 SCHEMES, CHARITY COMjriSSIOyEBS. 56 
 
 provided by this section, such huildini^s shall continue exempted from the 
 Charitable Trusts Acts, 18")3 to 1809. 
 
 [^This section is printed in full at p. 12. J 
 
 [C. T, Act, 1894.] 4. The exemption of any building registered as a Extension of 
 place of meeting for religious worship with the Registrar-General of Births, exemption in 
 Deaths, or Marriages in England and Wales, and bona fide used as a place 16 1**! 7 Vict, 
 of meeting for religious worship, contained in the sixty-second section of 'i's'-fcl-rvict 
 the Charitable Trusts Act, 1853, and in the ninth section of the Places of c. si.. s. 9, of 
 Worship Registration Act, 1855, shall extend, and shall, without prejudice places of' 
 to any order of the Charity Commissioners made before the imssing of this "'feting for 
 Act, be deemed to have always extended to — religious 
 
 • worship. 
 
 {a) any forecourt, yard, garden, burial grourd, vegtry, or caretaker's 
 house, in respect of situation connected with, aiid held upon the 
 same trusts as, any building registered and bona fide used as 
 aforesaid ; and 
 
 (6) any Sunday-school house or other land or building which shall be 
 certified by an order of the Charity Commissioners, made upon tlie 
 application of one or more of the trustees or persons acting in the 
 administration thereof, to be held upon the same trusts as any 
 building registered and used as aforesaid, or upon like trusts, and 
 to be in respect of situation so connected Anth or lield or used in 
 connexion with such building that it cannot conveniently be separated 
 therefrom : 
 
 Provided always that so much of the Charitable Trusts Acts, 185.3 to 1891, 
 
 as by virtue of the fifteenth section of the Charital)le Trusts Act, 1869, 32 & 33 Vict. 
 
 extends to buildings registered and used as aforesaid, shall also extend to <• ' i^ s. 1.5. 
 
 the properties declared to be exempted by this Act in the same manner and 
 
 subject to the same restrictions as the buildings registered and used as 
 
 aforesaid. 
 
 [C. T. Act, 1853.] 46. Nothing herein contained shall diminish or Resm-ntion 
 detract from any Right or Privilege which by any Paile or Practice of the ofR'^h'sand 
 Court of Chancery, or by the Construction of Law, now subsists for the (jcVirJif of*^ 
 Preference or the exclusive or special Renetit of the Church of England, or Knj.'liiiiil 
 the Members of the same Church, in settling any Scheme for the Regulation "iiii respect 
 of any Charity, [or in the Appointment or llemoval of Ti'ustces, or generally 
 in the Application or Manageiuciit of any Charity]. 
 
 to Cli.-irities. 
 
 [0. T. Act, I860.] 5. The said Board also shall not exercise the The ii.mrd 
 Jurisdiction hereby vested in them in any Case which, by reason of its ■''''"" ""t 
 Contentious Character, or of any special Questions of Law or of Pact which ||'^,',.[j,'i^',!,i„„ 
 it may involve, or for other Reasons, they may conyider more fit to be over Con- 
 adjudicated on by any of the Judicial Courts. tentious 
 
 [0. T. Act, I860.] 3. The said ]?oard, previously to making any iJom-.l to 
 Order under the .Turisdietion vested in them by this Act, shall notify to the ;""'0' '<» 
 Trustees or Administrators (if any) of the Ciiarity to be affected therei)y their /•|"Jr||y'' " 
 Intention of exercising such Jurisdicti(m, by Notice in Writing, to be ,i,eir intcn- 
 delivered to them, or sent to tiiem Ijy the Post at their last known Place of lion of exer- 
 Abodc in Great Britain or Ireland. " '•'/ '"^' •'""=*- 
 
 diction. 
 
 [C. T. Act, 1869.] 4. A notice under section three of the Charitable Amendment 
 Trusts Act, 18()0, need not be sent by the Board of Charity Commissioners o^5'^'*o',\"^^j 
 for England and Wales to any trustee or administrator of ;i charity who has "^ J3J 
 been party or privy to the application to the Board upon which they exercise 
 their jurisdiction. 
 
 N'otic<*s to bo 
 
 [C. T. Act, I860.] 6. No Order .... establishing a givm of 
 Schemc for the Administration of any Charity, shall be made by the .siid >••''.'!" 
 Botud before the Expiration of One Calendar .Mouth after publie*Notice of J >;'•.'-•'•'. '""' 
 
 t \ y^ 11111 1 • 1 "1 J "^ 1 1 us 
 
 the Proposal to make sucli Order shall have l)een given, as tliey may consider or Sn^'pe-s- 
 most expedient aud cll'cctual for ensuring the Publicity thereof, in each tions to bo 
 
 (J ^ received.
 
 B6 actitmis, cuauitV oOMMiseioASuits/ 
 
 Parish or J)istrii.'t in v>h\c\i flu' Charity, if of a local Character, shall bo 
 applicahlo. or anioiiij all Ptnsons intcrostcd Ihorcin ; .... ; and 
 every Notice hereby requireu shall contain (so far as conveniently may be) 
 sutlicient rarticnlai's of tli(^ Objects of the proposed Order, and shall prescribe 
 a n-asonable 'i'ime witliin wiiieh any Objections thereto or Suggestions 
 thereon may he made or transmitted to the Jioard ; and the said iioard shall 
 receive andconsider all such Objections and Suggestions, and may withhold, 
 susjtend, oi- modify their jn-oposed Order, as they shall thereupon, or in the 
 Result of further Inquiry, or otherwise, think expedient. 
 
 [T/iis section in jmnted iu full in Appendix, No. 1, p. 75.] 
 
 [Local Govornment Act, 1894 (56 & 57 Vict. c. 73.).] 14. -("..) The draft 
 
 of « \i:i-y .seliunie n-liitiiig to a ( harity.iiiH hciug an ecclesiastical charity, which affects a 
 rural jmiisih, sh.ill. on or befon the publication of the notice of the proposal to make an 
 D'lk-r for suchsdieini' in acconluuce with section six of tlie Charitable Triists Act, 1860, 
 be eouiinunicated to the council of the parish, and where there is no parish council, to the 
 chairman of tlie parish meeting, and, in the ca.se of a council, the council may, subject to 
 the provisions of this Act with respect to restrictions on expenditure, and to the consent 
 of the jiarish nie'.'ting, either support or op]iose the scheme, and sliall for that purpose 
 have tlte same right as any inhabitants of a place directly affected by tlie scheme. 
 
 Noiioo of [C. T. Act, 1B69.] 7. Nothing in the Charitable Ti'usts Acts, 1853 to 
 
 «'i'V"'MV ■^^*'^' ^^^^^^ ^^^ deemed to require or to have required the Board, upon 
 c.l'aJ. s iT' modifyintr a pro])osed order in manner provided by section six of the 
 Cliaiitable Trusts Act, 18(30, after the publication thereof, to give public 
 notice of such modilied order in the manner provided by that section with 
 resneet to the order originally proposed, unless they think further notice 
 desirable. 
 
 PiiMirvitioii [C. T. Act, I860.] 7. A Copy of every such Order when made shall, 
 01 .!-.-iiiiitive jp ji,^. (^'jjsp ,,f ^y^y i„pal Charity, be deposited for the Sjiace of One Calendar 
 ""■"'■ Month in some convenient Place within the Parish or One of the I'arishes or 
 
 in the District in which the Charity shall be ap]ilical)le, and shall be open to 
 public In'JTJection there at all reasonable Hours during the same Period; and 
 a Co])y also •:i. '"very such Order relating to any Charity, Avhether local or 
 general, shall be kcpi,, c|)eu lo public Inspection at all reasonable Hours, at 
 tin- Office of the Commissioners, during a like period of One Calendar 
 ]Month; and in each Case efl'ectual Publicity shall be given to the making 
 of 'ho Order by such Means as the Poard shall consider most expedient for 
 thai J.' -^ -- 
 
 Ti.w.T to [C. T. Act, 1H60.] o. riie Attorney General, or any Person authorized 
 
 111')'.'"! h'. him or by the said Board, in the Case of any Charity, whatever may be 
 
 ""';"''- , the yearly Income of its Endowments, and any Trustee or Person acting in 
 Bo'iiur"' ^^"^ Administration of or interested in any Charity of which the gross yearly 
 lucom'^ tn be calculated in maimer aforesaid* shall exceed Fifty Pounds, or 
 any Two Iaha')itants of any Parish or District in which the same shall be 
 specially applicable, may, mthin Three Calendar Months next after the 
 delinitive Publication of any Order of the said Board .... 
 establishing a Scheme for the Administration of the Charity, present a 
 Petition to the High Court of Chancery iu a summary AYay, appealing 
 against such Order, and praying such Belief as the Case may require 
 . ; and the Court, upon or before the Hearing of any such 
 Petition of .Appeal as aforesaid or at any Stage of the Proccediiigs, may 
 require, if it sliall think tit, from the said Board, their Reasons for making 
 the Order appealed against, or for any part of such Order, and may remit 
 the same to the ]?oard for Beconsideration, with or without any Declaration 
 in i-elation thereto, or may make any substitutive or other Order in relation 
 to the ^Matter of the Appeal, as it shall think just ; and the Com-t may make 
 any Order respecting the Costs, Charges, or Expenses incident to the Appeal, 
 aiul may also, before hearing or proceeding with the same, require from any 
 Appellant, other than the Attorney General, proper Security for such Costs, 
 Charges, and Expenses as may be eventually payable by him ; but no such 
 
 [♦ See sect. 4 of the Charitable Trusts Act, 1860, (p. 54).]
 
 SCHE31KS, CIUKII'Y COMsiISiilOJfEBSf J7 
 
 i'otitionof Appeal shall be presented by any Person, other tlian the Attorney 
 General, before the Exph-ation of Twenty-one Days after -written Notice, 
 under the Hand of such Appellant, of his or her Intention to present such 
 Petition, shall have been delivered to the said Board at their Office. 
 \_Thls section Is printed in full in Appendix, Xo. 1, p. 75.] 
 
 [C. T. Act, 1869.] 10. A petition to the Court of Chancery under Appeals 
 
 section eight oT the Charitable Trusts Act, 1860, may be presented in the """Jer 
 
 case of all charities by the same persons only as in the case of a charity the 23 & 21 Vict, 
 
 gross annual income of Avhich does not exceed fifty pounds. '^' ^^^' 
 
 [C. T. Act, 1869.] 11. A petition shall not be presented to the Court Semceof 
 of Chancery by any person under section eight of the Charitable Trusts Act, ocncran, 
 1860, before the expiration of twenty-one days after written notice under the app°1™ut under 
 hand of the appellant of his intention to present such petition has been 's^'^lfvict 
 served on the Attorney-General by delivering the same to the solicitor who c. no. 
 acts for him in ex officio proceedings relating to charities. 
 
 [C. T. Act, I860.] 9. The Attorney General, if he shall thuik fit, or Who may be 
 any Person authorized by him or by the said Board, may appear as the 'he Kespon- 
 Respondent upon any sueli Appeal, and the Court may make any Order t""' "!' 
 respecting the Costs, Charges, and Expenses of the Attoraey General or '^ 
 other Defendant. 
 
 [C. T. Act, 1869.] 9. The Board, if they think it desirable, where the Employment 
 gross annual income of a charity is in their opinion sufficient to bear the of persons to 
 expense, may, upon the application of the trustees or of any other person or prei'aro aad 
 persons entitled to apply to them in that behalf, employ or 'may authorise the ^^t^^ 
 trustees or persons acting in the administration of such charity to emplov 
 skilled and competent persons to prepare any scheme, order, statenient, or 
 other proceeding for the purposes of the Charitable Trusts Acts, 1S53 to 1869, 
 with respect to such charity, or to make or assist in any survey or local 
 inquiry -with reference thereto, and may order the costs incurred under this 
 section or upon any inquiry by an insjjector* or in consequence of the 
 employment of any person to appear on behalf of the respondent upon any 
 appeal against any scheme or order, to be provided iu the same manner as 
 if they were costs of a transaction mentioned in section thirty-six of the 
 Charitable Trusts Act, ISoS.f 
 
 (c.) OBDEllS JIAJ)E BY THE CHARITY COJfMJSSIOXERS 
 FOB THE AFPOBTIOXMEXT OF CHARITIES: 
 
 [C. T. Act, 1855.] 10. Where any Parish or Ecclesiastical District Power to 
 entitled to the Benefit of a Charity has or shall have been divided into separate "pportion 
 Pavislios or Ecclesiastical Districts, and no Apiiortionment of Charities J'""""?*?'*' 
 originally applicable to the Parish or District so divided shall have l)een made afur Divi- 
 by Parliament or other competent Authority, the Board, in respect of all sioa of 
 Charities the gross aimiial InewUie whereof does not for tiie Time being exceed I'"' i''l>»'''' 
 Thirty Pounds, may apportion the Benefit of the Charity between each new 
 Parish or District, or any Portion thereof taken from the Parish or District 
 originally entitled to the whole Benefit, and the Bemainder of such last- 
 mentioned Parish or District, in such Manner and such Proportions as, upon 
 a Consideration of the Purposes of the Charity, the Po])uIation of each Parish 
 or District, and other Cireunistances, they may think fit, and may also 
 apportion the principal ]']iul()wments between such Parishes or Districts, if it 
 be thought fit, and may appoint sepanite Trustees of any Part of the 
 Endowments. 
 
 [C. T. Act, 1855.] 11. The Certificate of the Board, that aceonling Evidence as 
 to their Judgment the gross yearly Income of the Charity does net for the tonnnnal 
 
 '_ '_ __^ Incumo of 
 
 f* Xotc "Assistant Commissioner." See Ctiaritable Trusts Act, It^S', seel. 2, tubs. 3. (ji. 13).] 
 [I For //(IS section, sec p. 29.] 
 
 U 91117. n
 
 58 
 
 APPORTIONMENT Ol' CHARITIES. — LEGAL PROCEDURK. 
 
 nD>- Charity lime being exceed Thirty Pounds, shall be sufficient Evidence of the Amount 
 not .xc. It!- of gm;)^ annual Income for the Purpose of determining the Jurisdiction under 
 '"^ the foregoing Provision. 
 
 Notices to 
 be {riven of 
 ccrtuin 
 
 [C. T. Act, 1855.] 13. No Order for apportioning the Benefits of any 
 Charity shall be made by the Board until after such public Notices shall 
 have been given of the Proposal to make the same as the Board may consider 
 Oldorsofthe expedient for Insuring Publicity in each Parish or District in which the 
 Charity is or ouglit to be ap])liecl, or among all Persons interested therein, 
 nor until after the Exi)iration of One Month from the Publication of such 
 Notice ; and every such Notice shall contain (so far as conveniently may be) 
 suffieient Particulai-s of the proposed Order to shoAv the Objects thereof, and 
 sliall prescribe a Time within which any Objections thereto may bo stated 
 or transmitted to the Boai'd. 
 
 Proceedings [C T. Act, 1855.] 14. AH Objections which may be made to any 
 
 upon the proposed Order shall be considered by the Board, who may suspend the 
 
 Receipt of making tlicroof for further Inquiry, or may modify the same, as may be 
 
 Objectionsor fuumi exjjedient ; and a Copy of every such Order wheu made shaU, in the 
 
 huggestious ^^^g ^j ^y j^^^j Charity, be deposited for the Space of One Month in 
 
 some convenient Place within the Parish or One of the Parishes or the 
 
 District in wliich the Charity is applicable, and also be open to Inspection at 
 
 the Office of the Commissioners, and such Publicity shall be given thereto 
 
 among all Persons interested in tlie Charity as the Board shall consider 
 
 expedient ; or if the Charity be not local then a Copy of such Order shall be 
 
 open to Inspection at the Office of the Commissioners, and public Notice 
 
 tliereof shall l)e given in such Manner as to the Board shall seem fit, and in 
 
 Cases where there is a special Visitor, Notice shall be given to him. 
 
 XI.— Amendments of Legal Procedure and Creation of 
 Summary Jurisdiction over Charities. 
 
 (a.) INSTITVTION BY THE CUABITY COMMISSIONERS, IN 
 THE NAME OF TEE BOABD, OF LEGAL PBOGEEDINGS 
 FOB THE BECOVEBY OF PBOBEBTY BELONGING TO 
 CHABITIES. 
 
 Interpieta- [C. T. Act, 1891.] 2. In this Act, unless the context requires 
 
 i»o"- otherwise, — 
 
 The expression " the Board " means the Charity Commissioners for 
 
 England and TVales : 
 The expression " prescribed" means prescribed by rules made under the 
 provisions of this Act. 
 
 Power to [C. T. Act, 1891.] 3. Where it appears to the Board that any action, 
 
 Boaiil to sue petition, or other proceeding should be instituted for the recovery of any 
 p7pro'i!|.rt7 P^"'^!''^^"*'^'' ^^^ a^'*^^^ annual income of which docs not, in the opinion of the 
 Board, exceed twenty pounds a year, and Avhich appears to the Board to 
 belong to a charity, the Board may itself, with the sanction of the Attorney 
 General, institute such proceeding on behalf of tlic Charity; and the 
 expenses of the Board of and incidental to such action, petition, or proceeding 
 shaU be paid in like manner as if they were costs of the Attorney General in 
 a charity matter. 
 
 belonging 
 to charities 
 
 Mode of 
 procedure 
 by Board. 
 
 [C. T. Act, 1891.] 4.— (1.) When the Board is authorised to make 
 any application to or appear in any court, or to institute any action, petition, 
 or other proceeding, such ap])lication or appearance may be made, and such 
 action, petition, or proceeding may be instituted, in the name of the Charity
 
 EECOVERT OF PROPERTY. 59 
 
 Commissioners for England and Wales, and not in the names of the persons 
 who are the Commissioners. 
 
 (2.) Any action, petition, application, appearance, or oiher proceeding 
 instituted or made by the Board shall not abate or become defecti^-(; by 
 reason of any change in the persons wlio are the Commissioners, but the 
 Commissionei's for the time being shall he deemed to be parties tliereto. 
 
 (3.) For the purposes of any such action, petition, application, appearance, 
 or other proceeding, any document may be sei>A-ed on the Board by being 
 addressed to the Board and delivered at or sent by post to the office' of Ihe 
 Board, oi- by being served on the Secretary to the Board. 
 
 (L) Any application by the Board to the Court in pursuance of tliis Act 
 may be made in manner for the time being directed by rules of court.* 
 
 [C. T. Act, 1891.] 5. For the purposes of any action, petition, or •^peci:.i 
 proceeding instituted by the Board under this Act the' following provisions r.'noaS.'^'"" 
 shall have effect : — 
 
 (1.) The printed reports of the Charity Commissioners appointed under an OM nports 
 Act passed in the fifty-eighth year of the reign of His Majesty George °f Charity 
 the Third, and intituled " An Act for appointing Comnciissioners to ^"°™"""; 
 
 li • • • 1 -x- ■ -n 1 1 /■ i? , ,• n 1 ."loners to be 
 
 mquu'e concerning chanties in England for the education of the ovidence. 
 " poor," and imder other Acts for inquiring into Charities, shall be 58 Goo. 3. 
 admissible as primA, facie evidence of the documents and facts therein ^- ^'• 
 stated ; provided that either party intending to use any such report as 
 evidence shall give notice of such intention in the prescribed manner to 
 the other party : 
 (2.) Where any yearly or other periodical j)ayment has been made in Payment for 
 respect of any land, to or for the benefit of any charity or charitable twelve years 
 purpose, for twelve consecutive years, such payment shall be deemed, ^° e pre- 
 subject to any evidence which may be given to the contrary, prima hvcie evidence, 
 evidence of the perpetual liability of such land to such yearly or other 
 periodical payment, and no proof of the origin of such payment shall be 
 necessary. 
 
 [C. T. Act, 1891.] 6. Rules for practice and procedure under this Rules. 
 Act, including fees and costs, whether in the Supi-eme Court of Judicature 
 or in the county court, may from time to time be made by the authority and 
 in the manner l3y and in which rules may he made for regulating the jn-actice 
 and procedure in such Supreme Court or county court, as the c<ise may be.* 
 
 (b.) INTEBVENTTON OF THE CRABTTY COJniTSSrONEBS m 
 THE INSTITUTION OF LEGAL PROCEEDINGS WITH 
 BESFECT TO CUABITIES. 
 
 [C. T. Act, 1853.] 17. Before any Suit, Petition, or other Proceeding Notice of 
 (not l)eing an application in any Suit or Matter actually jiending) for '^'^'='1 !'">- 
 obtainincr any Relief, Order or Direction, concerning or ri^latin'- to anv ^^•^''"'g^ 
 Charity, or the Estate, Funds, Property, or Income thei-eof, shall be ci.ariiv w 
 commenced, presented, or taken, by any Person whomsoever, there shall be any Person, 
 transmitted by such Person to the said Board, Notice in Writing of such <'x>'^pt tl"' 
 nroposed Suit, Petition, or Proceeding, and such Statement, Tnlonnation. and ^V'*"'"^7 
 
 XL i . , 1 • -i ■ 1 ■ 1 •• ,ii- . Itenerttl, to 
 
 Particulars as may be requisite or proper, or may be required troin Tunc to be );iveii to 
 Time, by the said Board, lor explaining the Nature and Objects thereof; and the Ikmnl. 
 the said Board, il" upon Consideration ol' th(^ Circumstances they .so think (it, 
 may, by an Order or Certificate signed by their Secretary,-}- authorize or 
 direct any Suit, Petition, or other Proceeding to bo commenced, presented, 
 or taken with respect to such Charity. (Mther for the Olijeets and in the 
 Manner specified or mentioned in such Notice, or for such otluT Objects, 
 and in such I^Ianner and Form, and subject to such Stipulations or Provisions 
 
 [• For rulex regtilathirf the pmrediirr utidrr fhix Art (1) ih the High Court ofJtufirr, mv " Thr 
 Rules of t lie Siiprriiir Court ((Vuiritiili/r Trii.tt.i /iirnrrri/), 1X92," mtidr on 27th Mny 18'.)2, 
 aiitl ('2)'in a Cotin/i/ Court, srr Count;/ Ciiiirl lliilci (July) 1.S92.] 
 
 [•(• But lie HOW Cliaritahic Trusts Amendment Act, ISoo, svet. 4 (p. 16), and Charitalde Trusts 
 Act, 1887, sect. 3 (p. l(i).] 
 
 H 2
 
 60 
 
 1N>T1TLTI0N or LEGAL PKOCrEDINOS. 
 
 for securing the Charity against 
 such other Stipulations ur Provisions 
 Charitv, as the said Board may 
 
 Liahility to any 
 
 Tor the 
 think j)r()i)er; 
 
 Costs or Ex])cuses, and to 
 
 Protection or l^encflt of the 
 
 and such Poard, if it seem 
 
 Courts not 
 to entertiiiii 
 Froceoiliii;;* 
 a-H to C'hiiri- 
 tie.s, oiccpt 
 upon Cfrti- 
 licalo of the 
 Board. 
 
 proper to them, may hy such Order or Certiticate as aforesaid requii-e and 
 direct that any Proceeding so authorized l)y them in respect of any Charity, 
 shall he delayed during sueh Period as shall seem proper to and shall ho 
 directed hy such Board ; and every such Order or Certiticate may he in such 
 Form and luay contain such Slatenients and Partieulars as such Board shall 
 think lit ; and (save as herein otherwise provided^') no Suit, Petition, or 
 other Proceeding for obtaining any such Relief, Order, or Direction as last 
 aforesaid shall he entertained or ])roceedcd with hy the Com-t of Chancery, or 
 by any Court or J udgc, except upon and in conformity Avith an Order or 
 Certificate of the said Board : Provided ahvays, that this Enactment sliall 
 not extend to or affect any such Petition or Proceeding in which any Person 
 shall claim any Property or seek any llelicf adversely to any Charity. 
 
 aclin;; 
 cx>of]icio. 
 
 Savin- for [C. T. Act, 1853.] 18. Provided always, That it shall he lawful for 
 
 the Auorney Ilcr ^Majesty's Attorney General acting cx-olhcio to make such Applications, 
 Gcneml j^^,] ^^j^g 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 ho 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 Actf where such Fiat or Allowance was necessary before the 
 passing of this Act. 
 
 IJoarti may, 
 upon the 
 IJeport of" an 
 Inspector, 
 authorize 
 Proceedings 
 where no 
 Notice has 
 been piven to 
 tliem, and 
 may in otlicr 
 Cases cause 
 local In- 
 quiries by 
 their 
 Inspector. 
 
 Legal pro- 
 ceedings by 
 trustees of 
 charities for 
 protection 
 of charity 
 property, &c. 
 
 [C. T. Act, 1853.] 19. Provided also, That where upon any Eeport 
 of any ImpectorX under this Act or otherwise it appears to the said Board 
 that anv Suit, Petition, or other Proceeding concerning or relating to any 
 Charity, or the Estate, Funds, Property or Income thereof, would be proper 
 or expedient, it shall be lawful for the said Board by their Order to authorize 
 or direct such Suit, Petition, or Proceeding to he commenced, presented, or 
 taken, and to give such Directions in relation thereto as the said Board may 
 think proper; and thereupon such Suit, Petition, or Proceeding may be 
 connnenced, ])resented, or taken accordingly, without any such previous 
 ]S'otic(> in AVriting as herein-before mentioned ; and the said Board, before 
 [giving any such Opinion, Advice, or Direction upon any such Application as 
 aforesaid or] making any such Order or Certificate after Xotice to them as 
 aforesaid, may, whei'C local Inquiry appears to them to be requisite, cause 
 such Inquiry to be made by One of their Inspectors ;J and the said Board 
 may, in any Case where they see fit, before acting upon the Report of any 
 Inspect or, X cause such Report to be deposited for local Inspection, and give 
 Notice of the same being so deposited, and consider any Statements or 
 Objections which may be transmitted to them in relation thereto, 
 
 [C. T. Act, 1869.] 13. The majority of the trustees of any charity, if 
 authorised by thel^oard, may institute and maintainauy action, suit, petition, 
 or other proceeding in the same manner in all respects as if they were the 
 sole ti'ustees of the charity. 
 
 "^Viiere the trustees, or the majority of the trustees, of any charity, institute 
 and maintain any action, suit, petition, or other proceeding under the authority 
 of the Board, such action, suit, petition or other proceeding shall not abate 
 or become discontiimed or of no effect by reason of the death or removal 
 from office of any of the trustees, or of the addition of any new trustee, but 
 shall continue and have effect for and against the trustees for the time being 
 of the chai'ity, in the same manner as if they were actually named therein. 
 
 [* See last paragraph of sect. 28 (p. 62), a7id so far as regards procetdinr/s hy the Attorney 
 General, stcls. 18 (infra). 20 (p. 61), 28 (/). 61), 32 (p. 65), ay {p. 69), 43 '(;;. T4).J 
 
 [f For the jurisdiction conferred by the Charitable Trusts Acts (1) iipou Judges of the 
 Chancer;/ Division of' the High Court of Justice at Chambers, see p. 61 ; (2) upon the Court of 
 Chancery of the County Palatitie of Lancaster, see p. 64 ; and (3) upon the County Courts, 
 see p. P5.] 
 
 [J Now '• Assistant Commissioner," or " Assistant Commissioners," as context may require. 
 See Charitable Trusts Act, 1887, sect. 2, sub-sect. 3 (p. 13).]
 
 rai raoy 
 tion 
 r 
 
 ATTORNEY-GENERAL —JURISDICTION AT CHAMBERS. 61 
 
 [C. T. Act, 1853.] 20. In any Case in wliicli it shall appear to tlie Power for 
 said Board that the iiisliLuliou of kgal Proceeduigs is requisite or dcsirahle l^'^rd to 
 with respect to any Charity, or the Estates, Funds, Property, or Affairs ''"'^'^■•' p, 
 thereof, and that under the Circumstances thrjreof it is desirahle that sucli Z^lh!' "^^ 
 Proceedings should ])e instituUd by the Attorney General, it shall be lawful Attorney 
 for the said Board, if they so think lit, to certify such Case, in AYriting under C'«n>;ral. 
 the Hand of the Secretary of the said Board,* to Her Majesty's AUornev 
 General, together witli such Statements and Particulars (if any) as in the 
 Opinion of the said Board may be requisite or proper for the Explanation of 
 such Case ; and thereu[)on the said Attorney Genc-ral, if upon Considei-acion 
 of the Circumstances he tliiiik fit, shall institute and prosecute such le<ral 
 Proceedings as he shall consider requisite or proper under the Circumstances 
 of such Case, by Information, f or Petition in the Court of Chancery, or by 
 Application to a Judge tiiereof at Chambers, or to a District Court of 
 Bankruptcy, orX County Court under the Jurisdiction given by this Act.§ 
 
 ic.) FOWEB TO TRE ATTORNEY GENERAL TO PETITION 
 UNDER THE CHARITIES PROCEDURE ACT, 1812. 
 
 [0. T. Act, 1853.] 43 and it shall Ije lawful for Attorney 
 
 Her Majesty's Attorney General for the Time being, acting ex-officio, to ^•"'."V 
 make Api)lication by Petition to the Court of Chancery with respect to any ^'''j"" 
 Charity under the Provisions of the Act passed in the Fil'ty-second Year of 52 G. 3 
 King George the Third, Chapter One hundred and one, or under the Provisions c. 101. 
 of any Act or Acts passed or to be passed authorizing the Ajjplicjition to the 
 same Court by Petition according to the Provisions of the said Act. 
 
 [This section is printed in full in Appendix, No. 1, p. 71.] 
 
 {d.) SPECIAL jrRTSBICTION AT CSAJIDERS CONFERRED 
 UPON JUDGES OF THE CHAyCERY DIVISION OF THE 
 SIGH COURT OF JUSTICE. 
 
 [C. T. Act, 1853.] 28. Where the Appointment or Removal of any in Cases of 
 Trustee, or any other Relief, Order, or Direction relating to any Charity of t'liaiities tho 
 which the ^ross annual Income for the Time beintr exceeds Thirty Pounds, ^''^inies of 
 shall be considered desirable, and such Appointment, Removal, or otlu'r exire.l 30/. 
 Relief, Order, or Direction might now be made or given by the Court "f Mn-erof 
 Chancery, in respect cither of its ordinary or its special or statutory .Jurisdic- iln'Hollsnnd 
 tion, or by the Lord Chancellor intrusted with the Care and Commitnieut of ^'"■^■<-""°' 
 the Custody of Ijunatics, it shall be lawful for any Person authorized in this ApnlicationM 
 Behalf by the Order, or Certificate of the said l?oard. or for the Attorney to ibem at 
 General, to make Application (without auv Information, Bill, or Petition,) (.'hMinUors, 
 to the [Master of the Rolls]! or One of the Vice Chancellors|| sitting at |,;;,|,7jurir. 
 Chambers, for such Order, Direction, or Relief as the Nature of the Case diction as the 
 may re([uire ; and the Master of the Rolls|| or the Vice Chaucellor|| to whom Court of 
 any sucli Application shall be made shall and may proceed upon and dispose Chiinc-ry or 
 of such Applicatiou in Chambers, save where he may think (it oth(-r\vise to ^.J^IJ^,^ „"^"' 
 direct, and shall and may have and exercise thereupon all such .Jurisdiction, iiim upon 
 Power, and Authority, and make such Orders and give such Directions in Information, 
 relation to the flatter of such Application, as might now be exercised, made, *"•'• 
 or given by the Court of Chancery or by the Lord Chancellor intrusted as 
 aforesaid, in a Suit regularly instituted, or upon Petition, as the Case may 
 require; and the ^taster of the Rolls|| and Vice Chancellors|| respcetively 
 shall, in relation to such Applications as aforesaid, and the Pr;)ceediugs 
 thereon, (subject to any Rules which may be made by the Lord Chancelli.r, 
 
 [• But see now C/tarifahle Trusts Amendment Act, 18o5, sect. A. {p. \6), and Charitable 
 
 Triislit Art, 1SS7, 4<.7. .'! {/). IC).! 
 
 t Xim- •Uiclinu." liiilis of the Sii/mmc Court, 1883. Ordrr 1. Itu/r 1.] 
 'X lirpciilid hi/ the Sluliitc l.nw lievisinn Act, 187.") (3S cV 3!) I'ict. c. (>(>.).] 
 § For the jurisdiction under the Chiirit<dde Trustx Acts [\) ofJudtjrsof the Chiiurcri/ Division 
 
 of the High Court of Justice nt Chamlicrs, sec infra. ; (2) of the Court of Chancery of the 
 
 County I'lilatine of hinciistcr, sec p. (iJ; and (3) of the County Courts, sec p. '".5.1 
 
 [l| The jurisdictio.i under this section is now hy virtue of the Judicature Act, 187.'i, sects. \i\ 
 
 31, and "ii, e.eercised by the Judges of the Chancerv Division of the High Court ofJuUicc.] 
 
 H 3
 
 62 
 
 CHANCERY JURISDICTION AT CHAMBEftS. 
 
 15ilG Vict, 
 e. f<0. 
 
 Provisions as 
 to Churities 
 exceeding 
 30/. per 
 Annum to 
 extend to 
 Chiiritii's in 
 London not 
 exceeding 
 30/. 
 
 Board may 
 direct Cases 
 within the 
 Jurisdiction 
 of a District 
 or County 
 Court to bo 
 taken belike 
 a Judrjo vi 
 the Court of 
 Chancoiy 
 in the first 
 instance. 
 
 with the Advice and Consent of them or any Two of tlicm,) have all such 
 Powers of diitn-tinij .Matters to he heard in open Court, and of orderin;? vrhat 
 [Mattel's shall l)e heard and investigated hy themselves and their Chief Clerks 
 respectively, and such other Towers and Authorities as by the Act of the last 
 Session of' Parliament, Chapter Eighty, are vested in or authorized to he 
 exercistnl liy them at Chamhers=*= and the Provisions of the said Act applicable 
 to Orders niade hy the [Master of the Rolls or any of the A'ice Chancellors at 
 Cliamhers shall extend to all Orders so made under this Act : Provided 
 always, tliat, save as may be otherwise provided by any Rules to be made 
 hv the' Lord Chancellor, with such Advice and Consent as aforesaid, the 
 "Determinations of the Master of the Rolls and Vice Chancellors respectively 
 upon and in relation to such Applications as aforesaid shall not be subject to 
 Appeal in anv Case M'herc the gross annual Income of the Cliarity does not 
 exceed One hundred I'ounds :t Provided also, that it shall be laAvful for the 
 Master of the Rolls or any Vice Chancellor, where under the Circumstances 
 of any Application as aforesaid he may so see fit, to direct that for obtaining 
 the lieliel, Order, or Direction sought for by such Application an Informa- 
 tion, Bill, or Petition, as the case may require, shall be filed or presented 
 and prosecuted as now by Law required, and to abstain from further 
 Proceeding on such Application. 
 
 [C. T. Act, 1853.] 30. Provided always. That the Provisions of this 
 Act applicable to any Charity the gross annual Income whereof exceeds 
 Thirty Pound.^ shall extend to any Cliarity established or administered or 
 ai>plicahle to or for Objects or Purposes within the City of London the gross 
 annual Income whereof does not exceed Thirty Pounds, in like Manner as if 
 such Income exceeded that Amount. 
 
 [C. T. Act, 1853.] 35. It shall be lawful for the said Board to direct 
 that any Application as to any Charity within the Jui'isdiction of awj District 
 Court of Bankruptcy or J County Court§ shall be made before a Judge of 
 the Court of Chancery, or as to any Charity within the Jurisdiction of the 
 Court of Chanceiy of the County Palatine of Lancaster, either before the 
 Chancellor or the Vice Chancellor of the same County Palatine, or before a 
 Judge of the High Court of Chancery, according to the Provisions herein 
 contained applicable to a Charity the gross annual Income whereof exceeds 
 Thirty Pounds, and in such Case such Application shall be made and may be 
 heard and determined accordingly, in like Manner as if the gross annual 
 Income of such Charity exceeded 'J'hirty Pounds ; and upon the Production 
 of the Order or Certificate containing such Direction, or of a Copy thereof, 
 the Application with respect to which such Order or Certificate shall have 
 been made shall not be entertained or proceeded with by such DistHct orX 
 Countv Court. 
 
 Board, if 
 dissatisfied 
 with the 
 Order of 
 District or 
 CountyCourt 
 may remit 
 the Case for 
 Reconsidera- 
 tion, or ma)' 
 transfer the 
 Matter to a 
 Judge of the 
 Court of 
 Chancery. 
 
 [0. T. Act, 1853.] 37. In case any such Order or Decision as last 
 aforesaid of any District Court of Baitlcriiptey orX County Court shall not be 
 approved by the said Board, it shall be lawful for such Board to remit the 
 same for Reconsideration and Decision by such District orj County Court, 
 with such Remarks and Recommendations thereon (if any) as shall seem fit 
 and expedient to such Board, or, in the Discretion of the Board, to order, and 
 direct that the Subject ]\[atter to which such Order or Decision relates, 
 together with such Order or Decision, shall be submitted to the Consideration 
 and Decision of a Judge of the Court of Chancery, and in such last-mentioned 
 Case no further Proceedings shall be bad or taken in the District orX County 
 Court with respect to the Matter in question ; and in case the Order or 
 Decision of the District orX County Court, on the Reconsideration of any 
 Order or Decision so remitted for Reconsideration, be disapproved as afore- 
 said by the said Board, such Board shall refer such Orders and Decisions, 
 
 [• The huxincss in Chambers of the Judges of tlic Charwery Division is noie regulated hy tli.c 
 Rules of th( Supreme Court, 1 8!S3, Or</er .5.J, and the greater part of the Act referred to {Master 
 vi Chancery Abolition Act, 1852) is now repealed.] 
 
 [f ll'ilh regard to appeals, see nou- Jiulcs of the Supreme Court 1883, Order 55, Rule 14.] 
 
 \X Repealed hy the Statute Law Revision Act, 1892 (55 ^- 56 Vict. c. 19.).] 
 
 [^ For the jurisdiction of the County Courts, seep. 65.]
 
 CHANCtEY JURISDICTION AT CHAMBERS. 63 
 
 and the Subject Matter thereof, to a Judge of the Court of Chancery, or, as 
 to any Charity within the Jurisdiction of the Court of Chancery of the 
 County Palatine of JLiancaster, either to the Chancellor or the Vice Chancellor of 
 the same County Palatme, or to a Judge of the High Court of Chancery ; 
 and where any Order or Decision is referred to a Judge of the Court 'of 
 Chancery, or of the Court of Chancery of the said County Palatine of 
 Lancaster, under this Provision, such Judge shall have and exercise all such 
 Jurisdiction, Power, and Authority in relation thereto as in the Case of a 
 Charity the gross annual Income whereof exceeds Thirty Pounds, and may 
 make such Order in relation to the Matter of such Order or Decision as to 
 him may seem proper. 
 
 [C T. Act, 1853.] 41. Provided always. That no Judge of the Coiu-t NoChaucery 
 of Chancery, .... shall upon any Proceedings under this Act have -fudge, or 
 Jurisdiction to tiy or determine the Title at Law or in Equity to any real or |^'^" '<=' -o"" 
 Personal Property, or any Term or Literest thei-ein, as between any Charity, com't'^in 
 or the Trustee thereof, and any Person holding or claiming such Keal or Pi nieedings 
 Personal Property, Term, or Interest adversely to such Charity, or to try or ""''•'■■ t'"'** 
 determine any Question as to the Existence or Extent of any Charge or ^'^!', '° V^ 
 Trust. ^ ° Tales, &c. 
 
 \_This section is printed itifull in Appendix, No. \, p. 74.] 
 
 [C. T. Act, 1853.] 46. Nothing herein contained shall diminish or Reservation 
 detract from any Right or Privilege which by any Rule or Practice of the o|l^if;l'<sand 
 Court of Chancery, or by the Construction of Law, now subsists for the chur'i'ifof 
 Preference or the exclusive or special Beneht of the Church of England, or England 
 the Members of the same Church, in settling any Scheme for the Regulation with rcsiiect 
 of any Charity, or in the Appointment or Removal of Trustees, or generally '" <-"'^-'»'''"«s. 
 in the Application or Management of any Charity. 
 
 [Endowed Schools Act, 1874 (37 & 38 Vict. C. 87.)] 6. The powers of making Continuance 
 
 schemes under the Endowed Schools Acts a.s amended by this Act shall continue in force of powers 
 for a period of five years from the said thirty-tirst day of December one thousand eicht transferivJ 
 hundred and seventy-four ;* and during the continuance of such powei-s any court or •" Charity 
 judge shall not, with respect to any endowed school or educational endowment which Commis- 
 can be dealt with hy a scheme under this Act and the Endowed Schools Acts, or any of '"**"''■■*• 
 such Acts, make any scheme or appoint any new tnistees without the consent of the 
 Committee of Council on Education. 
 
 [C. T. Act, 1853.] 44. For the Purposes of determining the Juris- statement in 
 diction under this Act with respect to any Charity, or the right to appeal ('<riiiicate of 
 from the Determination of a Judge of the Court of Chancery, it shall be ^l"^''^'^,^^^^" 
 lawful for the said Board to declare, according to such Judgment as they i,".'onie of 
 may be able to ionn upon the Returns or Statements before them in relation any Charity 
 to any Charity, whether the gross annual Income for the Time l)eing of such i'^ ii^' ^|''|i- 
 Charity does or does not exceed Thirty Poundsf or One hundred Pounds, (as V"" ^■*'' 
 the Case may requu-e,) and a Statement in any Certificate or Order of the detenninin" 
 said Board that according to such Judgment as aforesaid the gross yearly tho.lurig-" 
 Income of any Charity docs or does not exceed Thirty Pountlsf or One <li''i"n w 
 hundred Pounds sliall be sulhcient Evidence of the Amount of the gross ,y,^,7.r7hi"°^ 
 annual Income of such Charity, for the Purpose of determining such Act. 
 Jiurisdiction or Right to a])peal as aforesaid ; and any Certificate or Order 
 made by the said Board luider this Act, authorizing any Proceeding or 
 Application concerning any Charity to be taken or made to any District 
 Court of £a)ikrii/t/ci/ orl to the Court of Chancery or any Judge 
 thereof, shall state that the gross annual Income for the Time being 
 of such Charity docs not exceed Thirtyf Pounds, or does exceed Thirtyf 
 Pounds (as the case may be) : Provided always, that where any Cliarity, of 
 
 [* These potcers were continued up to 3Ut March 1898, by sect. 1, tub-sect. 2, of Expiring 
 
 Laws Contimiance Jet, 1S9(), (n!) >V 60 Viet. c. 3!).).] 
 
 [■f The increase of the limit if the Count i/ Court jurisdiction under the Charitable Trusts 
 Acts from ;iO/. to 50/. (C. T. Ac!, 18G0, a. 11, /). ()7) has not iijftclid the jurisdiction of the 
 Judges of the Chancery Division in Chambers over any Charity the i/ross income of trhich 
 exceeds IK)/, bnl is less than 50/.] 
 
 [X liepeuledby the Statute Law Jlieision Act. 18912 (55 ^J- 5G Vict. c. 19.).] 
 
 n i
 
 «i4 
 
 CHAN'CKHY JtJnlSDICTlOX Ai' CQAMBEIi-., 
 
 l^rdri«d as to 
 pttrticulnr 
 Emlow- 
 iueut». 
 
 By w!i nil 
 Apjiliiiitions 
 may be niailu. 
 
 Notice to be 
 puhlislu'il of 
 Application 
 for Sclieiuos 
 or Appoint- 
 ment or 
 Removal of 
 Trusties 
 under this 
 Act. 
 
 Lord Clian- 
 cellor, with 
 the Advice 
 of Master of 
 the Rolls 
 and Vice 
 Chancellors, 
 or Two of 
 them, to 
 make Gene- 
 ral Onlers. 
 
 the Trustees thereof, in addition to the principal Endowment for its general 
 Obiects and Purposes, shall be possessed of or entitled to any other Endow- 
 ment for any particular or special Olijeet or Purpose arising out of or in its 
 Isatui-f or Applieation connected with the general Objects or Purposes of 
 such Charity, it shall be lawful for tlio said Board, having regard to the 
 circuiustancos of each such Case, and to the Object and Extent of the 
 prtiposc'd A])plK'ation and Litigation, to determine ^vhother such Endowment 
 tor such particular or special Object or Purpose should, for llie Purposes of 
 Jurisdiction and Proceedings under this Act, be considered and treated as 
 forn^inl; Part of the general Endowment of the Charity, or as a separate or 
 independent Charity, and such Eoard shall frame their Certificate or Order 
 accordingly. 
 
 rC. T. Act, 1853.] 43. Every application to any Judge or Court 
 under the Jurisdiction created or conferred by any of the Provisions of this 
 Act, may be made by ller Majesty's Attorney General, or, subject to ths 
 Provisions aforesaid, fiy all or any One or more of the Trustees or Persons 
 administering or claiming to administer, or interested in, the Charity which 
 shall be the Subject of such Application, or any Two or more Inhabitants of 
 nv\ Parish or Place within which the Charity is administered or applicable; 
 
 [This section is printed in full in Aj^pendix, No. 1, ^j. 74.] 
 
 [C. T. Act, 1853.] 42. n?efore any Application shall be made to any 
 .ludge of the Court of Chancery, .... under any of the Provisions 
 herein contained for the Establishment or Alteration of a Scheme or the 
 Appointment or liemoval of any Trustees or Trustee, Notice in "Writing of 
 such intended Ap]ilication shall be given in such Form and Manner as the 
 said Eoard shall have directed ; and if the Order be that such Notice be 
 affixed to or near the Door of any Parish or District Church, the Incumbent 
 and Churchwardens of such Parish or District are hereby respectively 
 required to ollow such Notice to be affixed and to remain so affixed during 
 such Period, not less than Fifteen Days, as the said Board shall have 
 ordered ; and in any Case in which the Order shall be that such Notice shall 
 be affixed to any Place, Evidence that the same has been so affixed shall bo 
 deemed and taken as prima, facie Evidence that it has remained affixed 
 during the Period prescribed by the Board. 
 
 \_This section is 2^'>'i>ited in full in Apjpendix, No. l,p. 74.] 
 
 [C. T. Act, 1853.] 31. It shaU be lawful for the Lord Chancellor, 
 with the Advice and Consent of the Master of the lloUs and Vice Chancellors, 
 or any Tm'o of them, to make and issue General Kules and Orders for 
 regulating the Mode and Form of Applications at the Chambers of the 
 Master of the Eolls and Vice Chancellors respectively under this Act, and 
 the Proceedings thereon, and for determining in what Cases and under what 
 Conditions and Restrictions the Determinations of the Master of the Rolls 
 and Vice Chancellors respectively upon or in relation to such Applications 
 shall be subject to Appeal, and the Fees and Allowances to Solicitors of the 
 Court of Chancery, and the Fees to be payable in Money or by Stam])s to 
 the Officers of the said Court in respect of such Applications and Proceedings 
 thereon ; and such Rules and Orders may from Time to Time be varied by 
 the like Authoi'ity, and all such Rules and Orders shall be deemed General 
 Orders of the said Com't.* 
 
 (<?.) SPECIAL JURISDICTION CONFERRED VR ON THE COURT 
 
 OF CHANCERY OF THE COUNTY RALATINE OF 
 
 LANCASTER. 
 
 Provi'^ionas [C. T. Act, 1853.] 29. The Jurisdiction created and given by this Act 
 
 withi^th? ^*^' ^^^^ Piaster of the Rolls and the Vice Chancellors sitting in Chambers,! upon 
 
 [• Seefootnotes\\onp.Q\ and * on p. G2. With rer/ard to appeals, see noir Utiles of the Siqireme 
 Court, 1883, Order 55, link 14, and with regard to costs, see Order Go, Kules 24 and 25.J 
 [t See ante, p. 61.]
 
 iction 
 istrict 
 
 first 
 
 JUBISDIOTION OF COURT OP CHANCKRV .1 ConNTT PALATINE OF LANOASTEB. 65 
 
 any Application to them respectively as aforesaid, shall extend concurrently to Jurisdiction 
 and may be exercised by the Chancellor of the Duchy and County Palatine of of the Court 
 Lancaster, and the Vice Chancellor of the same County Palatine respectively of Chancery 
 for the Time being, as to evoiy Charity within the Jurisdiction of tlie Court S^^ 
 of Chancery of the said County Palatine whose gross annual Income for the Wjl!!'ter. 
 Time being exceeds Thirty Pounds, upon Application being made to such 
 Chancellor or Vice Chancellor respectively; and it shall be lawful for the 
 Chancellor of the said Duchy and County Palatine, with the Concurrence of 
 the Vice Chancellor of the same County Palatine, from Time to Time to 
 make and issue any Rules and Orders for regulating the modes of proceeding, 
 and the Fees to be taken in respect of Proceedings under this Act. 
 
 [C. T. Act, 1853]. 35. Tl shall be lawful for the said Board to direct that Board may 
 any Application as to any Charity within the -Jurisdiction of any JJifilrict Court dir'-et Cases 
 of Bankruptcy or* County Courtsf shall be made as to any Charity within the «''".''" t^^e 
 J urisdiction of the Court of Chancery of the County Palatine; of Lancaster, ofTDiSri 
 either before tin; Chancellor or the Vice Chancellor of the same Coimty or County 
 Palatine, or before a Judge of the High Court of Chancery, according to the ^"u'' to be 
 Provisions herein contnined applicable to a Charity the gross annual Income j^j*^^", ^^%^® 
 whereof exceeds Thirty Pounds, and in such Case such' Application shall be the Court of 
 made and may be heard and determined accordingly, in like Manner as if the Chancery 
 gross annual Income of such Charity exceeded Thirty Pounds; and upon inthofirs 
 the I'roduction of the Order or Certificate containing such Direction, or of a '"'^'""*=«- 
 Copy thereof, the Application Avith respect to which such Order or Cerlificate 
 shall have been made shall not be entertained or proceeded with by such 
 Jj'tsfrict 0)-* County Court. 
 
 [C. T. Act, 1853.J 37. In case any such Order or Decision as last Board, if 
 aforesaid of any District Gotu-t of Bankrnptci/ or* County Court shall not <l'=^'*a''sfied 
 be approved by the said Board, it shall be lawful for such Board to remit the onUr »f 
 same for lleconsidcration and Decisitm by such 7) /.v/r/cV o;-* County Court, DL-itrict or 
 with such Hemarks and lleeonimendations thereon (if any) as shall seem fit County 
 and expedient to such Board, or, in the Discretion of the Board, to order, ^'°".''' """y 
 and direct that the Subject Matter to wliich such Order or Decision relates, Case'ro^ 
 together with such Order or Decision, shall he submitted to the Consideration Iteconsidera- 
 and Decision of a Judge of the Court of Chancery, and in such last-mentioned tion, or may 
 Case no further Proceedings shall be had or taken in the District or* County '™"*f*''" '^e 
 Court with respect to the Matter in question ; and in case the Order or jud'-'Jof the 
 Decision of the District or* County Court, on the Reconsideration of any Court of 
 Order or Decision so remitted for lleconsidcration, be disap])roved as aforesaid Chancery. 
 l)y the said Board, such Board shall refer such Orders and Decisions, and the 
 Subject Matter thereof, to a Judge of tlie Court of Chanceiy, or, as to any 
 Charity within the .Jurisdiction of the Court of Chancery of the County 
 Palatine of Lancaster, either to the Chancellor or thi' Vice Chancellor of the 
 same County Palatine, or to a Judge of the High Court of Chancery ; and 
 where anv Order or Decision is referred to a .ludu-e of the Court of Chancerv, 
 or of the Court of Chancery of the said County Pahitine of Lancaster, under 
 this Provision, such Judge shall have and exercise all such Jurisdiction, 
 Power, and Authority in relation thereto as in the Case ol" a Charitv the 
 gross annual Income whereof exceeds Thirty i'ounds, and may make such 
 Order in relation to thn Matter of such Oriler or Decision as to him may 
 seem proper. 
 
 (/.) SPECIAL JURISDICTION CONFERIiED VPOX THE 
 
 COUNTY COURTS. 
 
 [C. T. Act, 1853.] 32. AVhere any Charity of which the gross aiuuial District 
 Income for the Time being does not exceed Thi rt yX VowvXs siiall be esia- Courts of 
 blished or administered or he ai)plieable wholly or i)artially to or for Objects „|;j'|[^I^'^„ty 
 
 — ' — ~ ' — ' — Courts to 
 
 [• Repealed htj tl,e Statute Late Revision Art, 1892 (55 <J- 56 Vict.c. 19:).] 
 
 [+ For jurisdiction of tlie Count;/ Court, set infra. ^ 
 
 [J No%B " Fifty" ; sec C/iaritab/c Trusts Act, li^W, sect. 11 (JJ. (37).] 
 
 U 91U7. ^
 
 66 
 
 JTTRISDICTION OF COITNTY COUKTS, 
 
 have Juris- 
 dirtion in 
 Cases of 
 .Clmritii's tli 
 Ineomi's of 
 irliich do 
 not exceed 
 30/. 
 
 or Purposes within the District or any Two or jnore of the Districts of any 
 District Court of Bankruptcy or* of any County Court or Courts holden 
 under the Act of the Session hohlen in the Ninth and Tenth Years of the 
 reign of Iler Majesty, Chapter Ninety-fvc* and the Appointment or Removal 
 of any Trustee, or any other Relief, Order, or Direction whatsoever con- 
 coiTiini; such Charity, shall he considered desirable, and such Appointment 
 or Removal, or other llelief. Order, or Direction, might now he made or 
 given hy the Court ul' Chancery in respect either of its ordinary or its special or 
 statutory Jurisdiction, or hy the Lord Chancellor intrusted with the Care 
 and Commitment of the Custody of Lunatics, it shall be la^vful for any 
 Person authorized in tins ]iehalf by the Order or Certificate of tlie said 
 Board, or for the Attorney-General, to make Application to such J)i.strictor* 
 County Court, or, as the Case may be, to any one of such District or* 
 County Courts, for such Order, Direction, or Relief as the Nature of the 
 Case may require ; and such District or^' County Court shall entertain such 
 Application, and sliall liear the Matter in open Court, and shall i,nve such 
 Relief, and make such Orders and Directions in relation to the Matter of 
 such A]>plication, as might now be made or j^iven by the Court of Chancery or 
 by the Lord Chancellor, intrusted as aforesaid, in a suit regularly instituted, 
 or upon Petition, lis the Case may require ; and the Clerk of such County 
 Courtf shall transmit a Copy of sucli Order or Direction to the OflBec in 
 London of the Registrar of County Courts Judgments, to be there enrolled; 
 Provided always, that no Judge of any District or* County Court shall be 
 autliorized to vary any ])ecree, Order, or Direction of rhe Court of Chancery, 
 or of any Judge thereof, or to make or give any Order or Direction incon- 
 sistent or conflicting with any such Decree, Order, or Direction : Provided 
 also, that where Two or more District or* County Courts shall have 
 concurrent Jurisdiction witli respect to any Charity under this Act, no 
 Application in respect of such Charity shall be made to or entertained by 
 more than One of such District or* County Courts at the same Time. 
 
 No Chancery 
 Judge, or 
 District or 
 County 
 Court, ill 
 Proccc<liiio;s 
 under this 
 Act to try 
 Titlp;., &c. 
 
 [C. T. Act, 1853.] 41. Provided always, Tliat no ... . 
 District Coirrt of Dankruiitcy or* County Court, shall upon any Proceedings 
 under this Act have Jurisdiction to try or determine the Title at Law or in 
 Equity to any Real or Personal Property, or any Term or Interest therein, 
 as between any Charity, or the Trustee thereof, and any Person holding or 
 claiming such Real or Personal Property, Term, or Interest adversely to such 
 Charity, or to try or determine any Question as to the Existence or Extent 
 of any Charge or Trust. 
 
 \This section is printed in full in Appendix, No. 1, p. 74.] 
 
 Reservniion [C. T. Act, 1853.] 46. Nothing liercin contained shall diminish or 
 
 nmfpdll detract from any Right or Privilege which by any Rule or I'raetice of the 
 
 Ien;esof Court of Chancer)^ or by the Construction of Law, now subsists for the 
 
 Church of Preference or the exclusive or special Eenefit of the Church of England, or 
 
 England the Members of the same Church, in settling any Scheme for the Regulation 
 
 tn ph^T*^' of anv Charitv, or in the Appointment or llemoval of Trustees, or generally 
 
 to i^tiarilic*. • ji 1 T ■ ., '■^ -,1 . ' o J 
 
 m the Application or Management ol any Charity. 
 
 Continuance 
 of powers 
 transferred 
 to Chtrity 
 Comiiiis- 
 sionen'. 
 
 [Endowed Schools Act, 1874 (37 & 38 Vict. c. 87.).] 6. The powers of 
 making .Sclicuius uudur the Endowed .Schools Acts as amended by this Act shall continue 
 in force for a period of five years from the sa'd Lliirty-first day of December one thousand 
 eight hundred and seventj'-four ;I and during tiu- continuance of sutli powci-.s any court 
 or judge siiall not, w itli respect to ;iny endowed school or educational endowment which 
 can be dealt with by a sehcme under this Act and the Endowed Schools Acts, or any 
 of such Acts, make any scheme or apjioint auy new trustees without the consent of the 
 Committee of Council on Education. 
 
 L* liepcaled hy (he Slalulc Law Revision Act, 1892 (.55 S; 56 Vict. c. 19.).] 
 
 [t Since 18.50 the C/cr/i of a County Court has been called the liegistrar of the Court. See 
 
 County Courts Act, 1850, sect. 8 (19 * 20 Vict. c. 108.).] 
 
 [J These potters were continued up to 31 .March 1898 by sect. 1, sub-sect. 2, of Expiring Laws 
 
 Continuance Act, 1896, (59 ^- 60 Vict. <■. 39.).]
 
 JURISDICTION OF COU.NTY COURTS. 67 
 
 [C. T. Act, I860.] 11. The Jurisdiction vested by the Charitable Jurisdiction 
 Trusts Act, 1853, in the District Courts of Jiankrujjfcy and* County Courts, °^}^^. 
 over Charities not possessing a larger gross yearly income than Thirty q^^^^^ c 
 Pounds, shall be exerciseal)le by the said Courts respectively for the like Bankruptcy 
 Purposes and under the like Provisions over Charities of which the gross yearly and County ■ 
 Income for the Time being, to be; calculated in Manner aforesaid,t shall not ^omu 
 exceed Fifty Pounds, in the sami; Manner as if the last-mentioned Limit to ^"'^■"S®''- 
 the Jurisdiction of the said Courts had been lixed by the said former Act. 
 
 [C. T. Act, 1853.] 33. The Jurisdiction hereby created and conferred Deputy 
 on the Counlij Courts loith respect to any Churily shnll not he exercised by ^'"'"" ^^^ 
 any Deputy or other Person who may for llw time Ijeiiig be appointed to sit ju,Ve^not"to 
 and shall be sitting for any such Judge.X exeioise 
 
 .Jurisdiction. 
 
 [0. T. Act, 1853.] 34. Where two or more District Courts of Bank- where two or 
 
 ruptcii orS County Courts shall concurrently have Jurisdiction under this "'•"^*-' Coun* 
 
 Act with respect to any Charity, it shall be lawful for the said Board to rint juristic- • 
 
 order to which of such Court"? any Application with respect to such Charity d''r"cMo which 
 
 shall b(; made ; and every such Order shall be conclusive as to the Jurisdic- t'.urt Applica- 
 tion Avith respect to the Application referi-ed to in such Order. 
 
 tiiiDH shall be 
 made. 
 
 [C. T. Act, 1853.] 35. It shall be lawful for the said Board to direct Board may 
 that any Application as to any Charity within the Jurisdiction of any 'lirect ("a-ies 
 District Court of Bankruptcy 'or § County Court shall be made before a j,','5^jj[i^„ 
 Judge of the Court of Chancery, or as to any Charity within the Jurisdiction of a District 
 of the Court of Chancery of the County Palatine of Lancaster, either before or County '" 
 the Chancellor or the Vice Chancellor of the same County Palatine, or before C'o"''t to be 
 a Judge of the High Coiirt of Chancery, according to the Provisions herein aj'u"i„e of™ 
 contained applicable to a Charity the gross annual Income whereof exceeds tiie Court of 
 Thirty Pounds, and in such Case such Application shall be made and may Ciiancery 
 be heard and determined accordingly, in like Manner as if the gross annual !" ''"-' '""*' 
 Income of such Charity exceeded Thirty Pounds ; II and upon the Production 
 of the Order or Certificate containing such Direction, or of a Copy thereof, 
 the Application ^ith respect to which such Order or Certificate shall have 
 been made shall not be entertained or proceeded with by such District or^ 
 County Court. 
 
 [C. T. Act, 1853.] 44. For the Purposes of determining the Jurisdiction Statement in 
 under this Act with respect to any Charity, .... it shall be lawful g^'^j^^f'th^ 
 for the said Board to diclare, according to such Judgment as they may be Amoun't of ^ 
 able to form upon the Returns or Statements btfore them in relation to any incomo of 
 Charity, whether the gross annual Income for the Time being of such «ny Charity 
 Charity does or does not exceed Thirty^ Pounds .... (as the Case **?^||^ Ij^'^IJ; 
 may require,) and a Statement in any Certilicate C'r Order of the said Board j,!,,^.,. ,'„r 
 that according to such Judgment as aforesaid the gross yearly Income of deiii mining 
 any Charity does or does not exceed Thirty ^' Pounds .... shall be ''"-• Juris- 
 sufflcient Evidence of the Amount of the gross annual Income of such 1','.^'""".°'^ 
 Charity, for the Purpose of determining such Jurisdiction .... „„X71i'"f 
 as aforesaid ; and any Certificate or Order made by the said lioard luuler Act. 
 this Act, authorizing any Proceeding or Ap])lication conc^'rning any Charity 
 to be taken or made to any District Court of Bankru/itcy or§ County 
 Court .... shall state that the gross annual Income for the Time 
 being of such Charity does not e\ce.il 'I'liiilv • I'om.ds, 
 
 [• Repealed by the Statute Law Revision Act, 187'< (38 .V 39 Vict. c. 66.).] 
 
 [t See CUaritable Trusts Act, 1860, sect. 4. {p. 75). J 
 
 Ft licpailvtt by the Statute Law Revision .let, lS7.i (38 t^ 3!) Vict. c. ii6.'). fii/ the t'ounly 
 Courts .(."/, ISSt*. sect. 1« (51 vV 52 Vict. c. 13.), a deputy Jud'y- luu all the powers, ffc. of the 
 Judge for tc/ioin he is actint).] 
 
 \^ Repeated bi/ the Statute Law Revision Act. 1892 (55 ^ 5ti Vict. c. 19.).] 
 
 [II As to this procedure, see i>. CA.] 
 
 r^ Now " I' iff;/," so far (ts regards the jurisdiction of the County Courts. See sect. 1 1 of 
 C. T. Act, 1860, supra.] 
 
 I i
 
 68 
 
 Jl'UlSDICTION OK COINTY COIKTS. 
 
 Proviso u to Provided alwavs, that where any Charity, or the Trustees thereof, in addition 
 particular to tho ])rini-ii)al Endowment for its general 01>ject» and Purposes, sliall be 
 Endow- pn88tvs8ed of or entitled to any other Endowment for any particular or special 
 
 '"'"''*■ Object or Purpose arising out of or in its Nature or Application connected 
 
 witli the 1,'eneral Objects or Purposes of such Cliarity, it shall be lawful for 
 the said Board, having regard to the Circumslanees of each such Case, and 
 to the Object and Extent of the proposed Application and JJtigation, to 
 determine whether siieb Kndowment for such particular or special Object 
 or Purpose should, for the Purposes of Jurisdiction and Proceedings under 
 this Act, be considered and treated as forming Part of the general Endow- 
 ment of the Charity, or as a separate or independent Charity, and such Board 
 shall frame their Certilioate or Order accordingly. 
 
 [T/iis sec f ion is printed in full at j). 63.] 
 
 By wlioni [C. T. Act, 1853.] 43. Every application to any Judge or Court 
 
 A'|.|)lic«iioiis under the Jurisdiction created or conferred by any of the Provisions of this 
 may bo made, j^^.^ j^jjy ),^ made by Her Majesty's Attorney General, or, subject to the 
 Provisions aforesaid, by all or any One or more of the Trustees or Persons 
 administering or claiming to administer, or interested in, the Charity which 
 shall be the Subject of such Ajjplication, or any Two or more Inhabitants 
 of any Parish or Place within which the Charity is administered or 
 applicable ; . . . . 
 
 [This section is printed in full in Apjjendix, No. 1, p. 74.] 
 
 Notice to he 
 publislu'il of 
 AppliciLtion 
 for Schemes 
 or Appoint- 
 ment or 
 Removal of 
 Trustees 
 under this 
 Act. 
 
 [C T. Act, 1853.] 42. Before any Application shall be made .... 
 to any JJitili-icl Court of Bankruptcy or* County Court, under any of the Pro- 
 visions herein contained for tlie Establishment or Alteration of a Scheme or 
 the Appointment or Removal of any Trustees or Trustee, Notice in A\'riting 
 of such inteiuled Applifation shall be given in such Form and Manner as the 
 said Board shall have directed ; and if the Order be that such Notice be 
 affixed to or near the Door of any Parish or District Church, the Incumbent 
 and Churchwardens of such Parish or District are hereby i-espcctively 
 required to allow such Notice to be affixed and to remain so affixed during 
 such Period, not less than Fifteen Days, as the said Board shall have 
 ordered; and in any Case in which the Order shall be that such Notice 
 shall be affixed to anv Place, Evidence that the same has been so affixed 
 shall be deemed and taken as prima facie Evidence that it has remained affixed 
 during the Period prescribed by the Board. 
 
 \This section is printed infill in Apjiendix, No. 1, p. 74.] 
 
 No Order of 
 District or 
 CountyCourt 
 for the 
 Appointment 
 or Removal 
 of Trustees 
 or Approval 
 of n Scheme 
 to bo valid 
 unless 
 confirn)e<l 
 by Board. 
 
 [C. T. Act, 1853.] 36. AViienever any Order or Decision is made by any 
 District Court of Bankruptcti or* County Court for the Appointment or Re- 
 moval of any Trustee of any Charity, or approving of any Scheme for regulating 
 or directing tlie Administration of any Charity, or the Estate, Funds, Pioperty, 
 or Income thereof, a Copy of every such Order or Decision sliall immediately 
 upon the making thereof be delivered or transmitted by the Deputy Registrar 
 of such District Court or* by the Clerkf of the County Court, as the Case 
 may he* together with all requisite Particulars, to the said Board, for the 
 Purpose of being considered by them ; and no such Order or Decision shall 
 be valid or effectual until the same shall have been approved by the said 
 Board, such approval to be testified by a Certificate in IVriting, signed by 
 the Secretary of the said Board, + and no such Apjiroval shall issue from the 
 said Board until One Calendar Month shall have elapsed after the Receipts 
 by the Board of such Copy and Particulars. 
 
 Board, if [C. T. Act, 1853.] 37. In case any such Order or Decision as last 
 
 dis'^tisfied aforesaid of any District Court of Bankruptcy or* County Court shall not be 
 
 with the ___^ 
 
 [• liepcaled by the Statute Lan- Revision Act, 1892 (55 Sf 56 Vict. c. 19.)-1 
 ft A'oir "the liet/istrar." See footnote f o)> p. 06.] 
 
 [X But lee now C/uiritable Trusts Amendinetit Act, 1855, sect. 4 ( ». 16), and Charitable 
 Trusts Act, 1887, sect. 3 (;>. 16).]
 
 JURISDICTION OF COHNTT COUBTS. 60 
 
 approved by the said Board, it shall be lawful for such Board to remit the same Order .-.f 
 for Becoiisideration and Decision by such Bintrict or* County Court, with District or 
 such Remarks and Tieeonimendations thereon (if any) as shall seem lit and <^<JU"'yCourt 
 expedient to such Board, or, in the Discretion ol' the Board, to oriler, and '{'">' f^'"'^ 
 direct that the Subject .Matter to whicli such Order or Decision relates, u.^on^fidera- 
 together witli such Order or Decision, shall l)e sul)niitted to the Consideration tioo, or may 
 and Decision of a .)udu:e of the Court of Ciiancery, and in such last-mentioned t'""'*'"er t'le 
 Case no further Proceedings shall be had or taken in the JHatrict o7-* County ]uj"^.Vf° k 
 Court Avith respect to the Matter in question ; and in case the (Jrder or Coun of ' ^ 
 Decision of the JJish-ict or* County Court, on the Becoiisideration ol' any Chaucery. 
 Order or Decision so remitted for Reconsideration, he disapproved as aforesaid 
 by the said Board, such Board shall reftn- such Orders and Decisions, and the 
 Subject Matter thereof, to a Judge of tlie Court of Chancery, or, as to anv 
 Charity within the Jurisdiction of the Court of Chancery of the County Palatine 
 of Lancaster, cither to the Chancellor or the Vice Chancellor of *the same 
 County Palatine, or to a -Judge of the High Court of Chancery ; and where 
 any Order or Decision is referred to a Judge of the Court of Ciiancery, or of 
 the Court of Chancery of the said County Palatine of Lancaster, und'cr this 
 Provision, such .Judge shall have and exercise all such Jurisdiction, Power, 
 and Authority in relation thereto as in the Case of a Charity the gross annual 
 Income whereof exceeds Thirty Pounds,t and may make such Order in 
 relation to the Matter of such Order or Decision as to him may seem proper. 
 
 [C. T. Act, 1853.] 38. Subject to any Orders to be made by the Lord How Orders 
 Chancellor as herein-after mentioned, and to the other Provisions of this Act, o^ I^»s*"" 
 all Proceedings to be taken in any District Court of Bankruptcy or* County Cour" under 
 Court, and all Orders and Directions to he made or given by any such District tliis ,Vct to 
 Court or* County Court iiy virtue of the Jurisdiction hereby created and con- be enforced, 
 ferred on such Court, shall rcsjjectively be subject to the same Rules and 
 Regulations, and have the same Effect, and be registered, enforced, and 
 executed in the same Manner, as the other Proceedings, Ortkn's, Judgments, 
 and Directions of the same Court under its ordinary Jurisdiction, and it shall 
 be lawful for any such District Court or* for any County Court, with the 
 Consent of the Board, to rescind or vary any Order which shall have been 
 previously made l)y such Court, without I'rcjudice to any Act or flatter in tlie 
 meantime done under such Order ; and for executing and putting in force any 
 Order to he niadi; by any County Court under tliis Act, every Judge of any such 
 Court shall and may have and exercise all such Powers <ts by the Jet of the 
 Session holdan in the Ninth and Tenth Years of Her Majesty, Chapter Ninety- 
 fire,X are given for enforcing the Payment of any Debt, Damages, or Costs 
 under Ibe said ^Vct. 
 
 [C T. Act, 1853.] 45. Tlie Lord Chancellor shall make such Orders Lord chan- 
 for regulating Proceedings l)y and bel'm-e the Judges of District Corrts of "^^^M^f^'^* ' 
 Bankruptcy and* County Courts under tliis Act, and for fixing and de- nguUiin/f 
 termining ithc Fees to be taken in respect of such Proceeilings, as he may bJiorTui'ifrict 
 see fit; and, subject to such Orders, such Judges may regulate tiie Pro- nnd Coumy 
 oeedings before them respectively so as to render tiieni as summary and jujJ"',o 
 inexpensive as conveniently may be. re^mute 
 
 Pr<>cKiIiii(>. 
 
 [C. T. Act, 1853.] 39. AVIiei-e any Persim authorized to make any Appeal. 
 A])plication under this Act, (other than Her Majesty's Attorney CJeneral 
 acting ex-otHcio,) or any other Person who may have been made a Party to 
 anv Proecedini,' u|>on any A])plication under Ibis Act, is aggrieved by or 
 dissatisfied with any Order made by any J)lstrict Court ol JJankru/itcy or* 
 County Court upon any such Application, or any Proceeding thereon, ho 
 may, within One Calendar ^[onth after tlie making of such Order, give 
 
 [• Repealed by tite Statute I.aio Revision Act, 1S92 (55 \ 5ti I'irt. e. 19.). J 
 [f As to this proceittirr, sec ante, p. (>!.] 
 
 [J For t/ie Alt liere cited, read ' Counti/ Courts Act, iSt^H : '" »<»■ .z-. ' 1SS, ,u/,.,rrt .T, «f rhit 
 latter Act (51 ^ 53 Vict, c, 43.).] 
 
 I a
 
 70 
 
 JtrRISDICTION OF COUNTY COURTS. 
 
 Noticp in Writing to the said Court, and also to the said Hoard, that he is 
 desirmis tf) jipiteai ai^aiiist the same; and if the said Board think it reasonable 
 and proiuT that such A])pe:il should he entertained, and ijive a Certificate to 
 that Etlccr, such District or* County Court shall suspend any Procoedings 
 u])on the Order ap])ealed as^ainst during such Time as the Circumstances 
 may require ; and the said Board, if they so tliink fit, may require the 
 Person givinir any such Notice of Appeal to become bound with Two 
 suflicient Sureties, to be approved by the Deputy Registrar of such District 
 Court, or* by the Clerk of the County Court, f on the C<(se may be,* to 
 tlie Treasurers of the said Courts respectively, or such other Person as 
 the said lioard may sec fit, in such Sum as to the said Board shall seem 
 reasonable, to pay sueli Costs of the Proceedings on the Apjxal as shall 
 be ordered to bo j)aid by such Appellant, and also (if the said Board 
 so think fit) to indemnify the Charity against the Costs and Expenses of or 
 attending smdi Appeal; and every Bond executed under this Provision shall 
 b»- exenii)t front Stamp Duty : Provided always, that it shall be la^v^ul for 
 Iler ^lajesty's Attorntsy General, (acting ex-oflBcio,) at any Time within 
 Three Calendar Months after %t lie making of any Order by a District Court 
 or* County Court under this -Vet, to lodge and commence and jtrosecute an 
 Appeal against such Order, without giving any such jSotice or becoming 
 bonnd as af>ires;xid, and (>very such last-mentioned Appeal shall thereupon 
 1)0 allowed by the Order of such District or* County Court, and shall have 
 such other Etfect as any other Appeal under this Act. 
 
 Proci'edings 
 on Appeal. 
 
 Bond to 
 prosscnte 
 Appeal may 
 be put iu 
 Suit. 
 
 and upon the 
 or reverse the 
 District Court 
 
 [C. T. Act, 1853.] 40. Where any Order allowing an Appeal has 
 been made as aforesaid, the Person thcrel)y allowed to appeal shall within 
 Three Calendar ]\tonths present a Petition to the Court of Chancery, 
 sotting fortli the Order appealed against, and the Order allowing such 
 Ajjpeal, and praying such llelief as the Case may require 
 hearing of such Petition the Court may confirm, vary, 
 Order appealed against, or may remit such Order to tlie 
 of Bdnkruptcy or* County Court by whicii the same was made, with, 
 or without any Declaration or Directions of the Court of Chancery in 
 relation thereto, or may proceed in relation to the Charity to which such 
 Order relates as in the Case of an Application under this Act to a Judge 
 of the Court of Chancery at Chambers, and any Judge of such Court 
 sitting at Chambers or in open Court may make or give any such Orders or 
 Directions in relation to the Matter of such Order as he may see fit, or the 
 Court may make such other Order in relation to the Matter of any such 
 Appeal as to the Court may seem just, and as might be made in the Case of 
 a Suit regularly instituted, or a Petition, as the Case may require ; and in 
 case the Party allowed to appeal do not within Three Calendar Mouths 
 present sucli Petition of App' al, the Order against which such Appeal was 
 allowed shall be final ; and m case any Costs adjudged on any sucli Appeal 
 to be paid by the Party allowed to appeal be not paid, such Bond as aforesaid 
 may be put in Suit, and the ^loney to be recovered on every such Bond 
 shall be applied to indemnify the Cliarity Estate or the Person damnified, or 
 otlierwisc in such Manner as the Justice of the Case may require, and the 
 Court or J udge by whom such Appeal may have been heard shall think fit. 
 
 (A.) RECOFEBY, UNDER WARRANT OF JUSTICES, OF 
 POSSESSION OF CBARITY PROPERTY HELD OVER BY 
 OFFICER OR ANY RECIPIENT OF CBARITY. 
 
 I'owor for [C. T. Act, I860.] 13. Where any School Master or Mistress or other 
 
 Magistnites Ofiicer, or any Pecipieut of the Benefit of a Charity, being in possession by 
 '^ssi'on ^r ^^'"^^^ ^^ ^^^^ °*" ^^^" Office, or as such Becipient, of any House, Buildings, Laud, 
 
 [• Repealed by the Statute Law Revision Act, 1892 (65 Sf 56 Vict. c. 19.).J 
 [t Now "t/ie Registrar:' 'See footnote + on p. 66.]
 
 RECOVERY OF POSSESSION'. — REPEALS. 71 
 
 or Property of the Charitj, shall Iiuve Ijoeii removed from or shall cease to School 
 
 hold such his or her OUice, or his or her Place as such Recipient, but he or Buiiainss 
 
 she, or any Person claiming under liim or her, shall refuse or neglect to ji'«l ProiM^rty 
 
 relinquish the Possession of such House, Buildings, Land, or Property within ofi'icei^ or'^ 
 
 One Calendar Jlonth next thereafter, to his or her Successor, or to the Kt-cipients of 
 
 Trustees or Persons acting in tlie Administration of the Charity, or as they Charities. 
 
 shall direct, it shall he, lawful for any Two or more Justices of the Peace 
 
 acting for the District, Division, or Place in which such House, Buildings, 
 
 Land, or Property sliall be situate, in Petty Sessions assembled, and they 
 
 are hereby required, on the Complaint of the said Trustees or Administrators, 
 
 and on the Production of an Order of the said Board certifying such School 
 
 Master or Mistress or other Officer or Recipient to have been duly removed 
 
 from or to have ceased to hold his or her Office or Place, (which Order under 
 
 the Seal of the said Commissioners shall be conclusive Evidence of the Facts 
 
 tlicreby certilied, and of tlie Jurisdiction of the said Commissioners to make 
 
 such Order for all the Purposes of this Eaactment and shall aiford a 
 
 complete Indemnity to all persons acting thereunder,) to issue a Warrant 
 
 under the Hands and Seals of ^uch Justices to any Constables or Peace 
 
 Officers of the same District, Division, or Place, commanding them, witliin 
 
 a Period to be thereby appointed, not being less than Ten or more than 
 
 Twenty-one clear Days thereafter, to enter into tlie Premises, and deliver 
 
 Possession thereof to the said Trustees or Administrators, or their Nominie 
 
 or Agent, and to remove therefrom such former School Master or Mistress, 
 
 or other Oiiicer or Recipient, aiid all Persons claiming in his or her Right, 
 
 as fully and elTectually, and subject to the same Provisions, as nearly a> the 
 
 Case will permit, as Justices of the Peace are empowered to give Possession 
 
 of any Properties to the Landlord or his Agent upon the Determination of 
 
 the Tenancy thereof, under an -\.ct passed in tlie Pirst and Second Yeai's of 
 
 the Ueign of Her Majesty, Chapter Seventy-four, for facilitating the 
 
 Recovery of Possession of Tenements after the Determination of the 
 
 Tenancy. 
 
 XII.— Provisions as to Repeals. 
 
 [C. T. Act, 1855.] 1. " The Charitable Trusts Act, 1853," herein-after 16& 17 Vici. 
 called "the principal Act," and this Act, shall be construed together as One J'-.'^'^J^"^^ 
 Act, and any Provisions of the principal Act inconsistent with this Act arc {,^.'^y„^tVir«l 
 hereby repealed. to-ifthtr. 
 
 [C. T. Act, 1855.] 2. 'SVy miiefi of the priiiriptil Jet {Scc/ioii IT.) an IVovision as 
 procklcs' lluit oft*-''- the Tliir hi -first 'ihuj of Morcli One tlionmiid eight ^^^^^l^'^'"'- 
 hundred and fifty-seven an annual Salari/ shall be paid to One only of the [*^^. ^^^^ 
 Commissioners besides the Chief Commissioner is hereby repealed* mis-sioncre 
 
 roiK-aled. 
 
 rC T Act 18551 30. So mueh of Section Tmenfy-one of the prineipal i^i'<y<'gy»^^ 
 Act as requires a eoiniiitlsory Pronsion to be inserted in erery Jlorlyaffe Jor f.., 
 the Payment of the Prineipal Jfoney l/orroired by annual Tnstahnenfs, and ^^ 
 for the Redemption and Reroureyanee of the mortyayed /-Jstates within the X,^'u\a\u',t. 
 Period of not more than Thirty Years, is hereby j-epea led ;• .... Kagc Ue«d.. 
 
 [7V//.V section is printed in full at p. 27.] 
 
 [C. T. Act, 1855.] 41. Section Twenty-seven of " Tiie Cliaritable Consirucnon 
 Trust's Act, lS.');'{,"t sball be conslrued and operate as if the AVonls " and °[S^"^i'^-^";^';'" 
 " the Trustees of tlic Charity shall be legally authorized to jjurchase and ^ '137' 
 " hold such land " had been omitted therefrom ; .... 
 
 [Tfiis section is printed in full at p. 25.] 
 
 [• Repealed by the Statute Law Revision Act, 187o (38 df 39 Tic.', c. GO.).] [f P- 2J.] 
 
 I 4
 
 72 ItEl-EAI.S. 
 
 Construction [C. T. Act, 1855.] 43. The Fifty-fifth* and rifty-riinthf Sections of 
 
 of Sects. 55 the principal Act shall he construed and operate as if the Words "The Office 
 
 I6&T7 Vict "*' ^'"-' ^^'^="''* " ''^"' ''^'^'" i»S'^i"^^'l tlieroin in tlic Place of the AVords " Ihe 
 
 c. 137.' "^ Office in London of the llegistrar of County Courts Judgments." 
 
 Am«Ddm.ni of [C. T. Act, 1855.] 44. Srcfioii Si.rfi/-o)ieX of'' The Chari table Trusts 
 u^Lrx^ ^-ir/, IbulJ," cxcrpt so miicli thereof os enacts that the Trustees or Persons 
 c. i37.'tt.n(i acting in the administration of every Charity shall, in Books to be kept by 
 other I'rorMoB f/ z'^^, ^f^^^f Piiritosc, reqiilarhi enter or cause to be entered fall 'ind true 
 
 nimle lu to ilur •' r • i 7 • 7 j • 7 , /• . 
 
 Annual Ke- Jccounts of all Moncy receiced and paid respecticely on account of such 
 
 Accou"/!. i> Charity, shall be repealed as to all Accounts which such Trustees or Ad- 
 
 TruMce. of' niinijit rators shall not have been bound to render before the passing of this 
 
 ChTiti... Act ; ^ . . . . 
 
 [This section is printed in full at p. 21.] 
 
 Tho Clmri- [C. T. Act, I860.] 1. " The Charitahle Trusts Act, 1853," and " The 
 
 Act's to"!r Cliaritahle Trusts Amendment Act, 1855," and this Act, shall be construed 
 
 con^tiueif toilet her as One Act, and any Provisions of the said former Acts inconsistent 
 
 with this with this Act are hereby repealed; 
 
 Act. 
 
 Repeal. [C. T. Act, 1869.] 17. II The enactments described in the schedule to 
 
 this Act are hereby repealed ; provided that, 
 
 (1.) This repeal shall not affect anijthing already done and suffered, or 
 any right acquired or order made, under such enactments : 
 
 (2.) Any proceedings already commenced under the enactments hereby 
 repealed shall be proceeded icith in the same manner as if this 
 repeal had not been made. 
 
 SCHEDULE. 
 
 Date. Title. 
 
 16 4- 17 Vict. c. 13:. 
 23 4- 24 Vict. c. 136. 
 
 An Act for the better administration oJ"\In part ; namely, section 
 Cliaritable Trusts - - - J si.rti/-tliree. 
 
 An Act to amend the law relating to the ad- I In jnirt ; namely, section 
 ministration of Endowed Charities. -J sixteen. 
 
 ^Pe"'- [C. T. Act, 1887.] 6. The Acts specified in the Second Schedule to 
 
 this Act are hereby repealed to the extent in the third column of ihat 
 schedule mentioned : Provided that 
 
 (a) this repeal shall not affect anything already done or suffered, or the 
 tenure, salary, or power of any officer holding office at the passing 
 of this Act ; 
 
 (6) this repeal, so far as regards the official trustees of charitable funds, 
 shall take efiect on tlie date on which regulations under this Act in 
 relation to such trustees come into operation.^ 
 
 [• P- 52.] [t P- 53.] [t p. 20.] 
 
 [§ Repealed by the Statute Law Revision Act, 1875 (38 4 39 Vict. c. 66.).] 
 [J Repeated by the Statute Law Revision Act, 1883 (45 ^ 47 Vict. c. 39.).] 
 [f Ut April 1889.]
 
 liErKAt?. 
 
 SECOND SCHKDULE. 
 
 Enactments Uei-ealed. 
 
 Session and Chapter. 
 
 Title of Act. 
 
 I'art repealed. 
 
 16 & 17 Vict. c. 137. 
 
 18 A 19 Vict. c. 121. 
 
 The Chiiritiiljle Trusts Act, 1853 
 
 Tlic Cbaritiibii! Trusts Auieiid- 
 meut Act, 1855. 
 
 I 
 
 23 & 24 Vict. p. 136. 
 
 TlieCliiuilabloTrusts Act, 1860 
 
 So much of section one as relates to the 
 inspectors; section four, section lifly- 
 one down to " clmritablc fun<ls and " 
 inclusive, and section fifty-two down 
 to tlip words " each sepanite charity 
 and " inclusive. 
 
 Section three ; in section four the words 
 "or in his absence, of the chief 
 clerk " ; in section five the words "or 
 in his absence, of the chief clerk " ; 
 section seventeen ; in section eighteen 
 the word " present," and the words 
 " to be so appointed " ; .section twenty, 
 from the words " and the secretary " 
 inclusive to end of section ; section 
 twenty-four, from "and the .said 
 trustees " inclusive to end of .section. 
 
 In section seventi'cn the worils " aj)- 
 " pointed umler or in pursuance of 
 " the first or secondly recited Act." 
 
 U 911K 
 
 s
 
 7-i 
 
 APPENDIX NO. 1. 
 
 APPENDIX No. 1. 
 
 No (hanci'ry 
 Juil(;i-, <«r l)i«- 
 trill or {'(lUiitv 
 Court, in I'rn- 
 ci'tHliiigtt undiT 
 thin Aft to If) 
 TiUes, fiv. 
 
 Nolicf lo he 
 publishi-d of 
 Applicutiiiii 
 for Schemes or 
 Appointnii'iit 
 • ir Hi'iiKiviil of 
 rnislei'N uudcr 
 Ibia Act. 
 
 CONTA.INING IN FULL CERTAIN SECTIONS OF THE ChAEITABLE TrUSTS 
 ACI'S, THE SEVBRAX PaRTS OF WHICU -VUE PRINTED SEPARATELY IN 
 
 TUE Text. 
 
 re. T. Act, 1853.] 41. Provided always, That no Judge of the Court of Chancery 
 nor liny W-f/nc/ Court of Bankruptcy or County Court, shall upon any Proceedings 
 under this Act have Jurisdiction to try or determine the Title at Law or in Equity 
 to iinv Rp'd or Personal Property, or any Term or Interest therein, as lietween any 
 Ciiari'ty, or the Trustee thereof, and any Person holding or claiming sucli Real or 
 Pci-sonul Property, Term, or Interest advei-sely to such Charitj', or to try or determine 
 any Question as to the existence or Extent of any Charge or Trust. 
 
 [C. T. Act, 1853.1 42. Before any Application shall be made to any Judge of the 
 Court of Ciiancery, or to any District Court of Bmil.ruiitcy or County Court, under any 
 of the Provisions iierein contained for the Establishment or Alteration of a Scheme or 
 the Appointment or Removal of any Trustees or Trustee, Notice in Writing of such 
 intended ApplioUion shall be given in such Fonn and Manner as the said Board shall 
 hiivf directed ; and if the Order be that such Notice be affixed to or near the Door of 
 an^- Parish or District Church, the Incumbent and Churchwardens of such Parish or 
 District are hereby respectively reijuired to allow such Notice to be affixed and to 
 remain so affixeil during such Period, not less than J'ifteen Days, as the said BoarcJ shnll 
 have ordered ; and in any Case in which the Order shall be that such Notice shall be 
 .•iffixed to any Place, Evidence that the same has been so affixed shiiU be deemed and 
 taken a.s lu-ima facie Evidence that it has remained affixed during the Period prescribed 
 by the Boaril. 
 
 Uy whom 
 ApplicatioDs 
 luny be niailu. 
 
 Attorney 
 General may 
 Petition under 
 52 G. 3. c. nil. 
 
 [C. T. Act, 1853.] 43. Every Application to any Judge or Court under the Juris- 
 diction created or couferrtd by any of the Provisi(ms of this Act, may be made by Her 
 Majesty's Attorney General, or, subject to the Provisions aforesaid, by all or any One or 
 moie of the Trustees or Persons administering or claiming to administer, or interested 
 in, the Charity which shall be the Subject of such Application, or any Two or more 
 Inhabitants of any Parish or Place within which the Charity is administered or 
 applicable; and it shall be huvful for Her Majesty's Attorney General for the Time 
 being, acting ex officio, to make application by Petition to tiie Court of Chancery with 
 ri'spect to any Charity under the Provisions of the Act passed in the Fifty -second Year 
 of King George the Third, Chapter One hundred and one, or under the Provisions of 
 any Act or Acts passed or to be passed authorizing the Application to the same Court by 
 Petition accordin<r to the Provisions of the said Act. 
 
 Juiljro may 
 order Trustees, 
 Jtc. hoKlinjj 
 Stock, &c. 
 l>eloni.'in<; 
 to a ('Ii:irity 
 ■iuhject to his 
 .liirisiliction to 
 transfer same 
 to OlKcial 
 'I'riutees. 
 
 [C. T. Act, 1853.] 51. Tke 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 
 Trimtees of Charitable Funds, and whore Trustees or other Persons having in their 
 Names, or in the Name of any deceased Pei'son of whom they are Representatives, in 
 the Books of the Bank of England, or of the East India oi- South Sea Company, or of 
 any otiier 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 ti-ansferring or depositing as aforesaid 
 any Annuities, Stocks, Shares, or Securities, for dischar'ging an}- Legacy or Charge 
 given or made to or for the Benefit of any Charity, or where it shall apjiear to the 
 Court of Chancery, or to any Judge of such Court, or of any District Court of 
 Bankruptcy, or County Coui-t having Jurisdiction under this Act, that any Aimuities, 
 Stock, Shares, or Securities, held in trust for any Charity ought, for the Purpose of 
 Security or ccmvenient Administration, to be transferred or deposited as aforesaid, it 
 shall be lawful ibr such Court or Judge to order the Transfer or Deposit of such 
 Annuities, Stock, Shares, or Securities to or with such official Trustees. 
 
 Expenses of 
 Exchanges and 
 Partitions, and 
 determining 
 Application of 
 Charges. 
 
 Board may 
 direct Official 
 Trustees 10 
 convey Lands, 
 &c. 
 
 [C. T. Act, 1855.] 34. The Expenses incident to the Application for and procuring 
 of any such Urder of Exchange or Partition, or Order determining the Land charged 
 with any Rent, Annuity, or Periodical Payment, shall be paid by the Trustees or 
 Admiiiistratoi-s of the Charity, or by the other Parties to such Transactions, or by both, 
 as the Board may direct. 
 
 [C. T. Act, 1855.] 37. It shall be lawful for the Board to authorize or order and 
 direct tiie Olhcial Trustee of Chnrity Lands and the Official Trustees of Charitable Funds 
 respecii\ ely to convey Lands, and tu a-sign, trjinsfer, and pay over Stocks, Funds, Monies, 
 and Securities, as the Board shall think expedient.
 
 APPENDIX XO. 1. 
 
 75 
 
 [C. T. Act, I860.] 2. The Board of Cliarity Commissioners for Enrjland ami Walts, Ceitain 
 suliject (o the Rfsti-ictiuiis and Rights of Appeal hereiu-after provided, shill have administrative 
 Power from Time to Time, upon tiio Api)lication of any Person or Persons who, under ixJre"able''b 
 the Forty-third Section of " The Charitable Trusts Act, 1853," might be authorized to the Charity ' 
 apply to an}' Judge or Court for the like Purposes,, to make such effectual Onk-i-s as fr"™"''*- 
 may now be made by any Judge of the Court of Chancery sitting at Chambers, or by *""^'^"' 
 any Countj' Court ur District Court of Buiikru/itci/, fur the Appointment or Reiiiovill 
 of Trustees of any Charity, or for the Removal of any Sciiool Master or Mistress or 
 other Officer thereof, or for or relating to the Assurance, Transfer, Payment, or vesting 
 of any Real or Personal Estate belonging thereto, or entitling the Official Trustees of 
 Charitable Funds, or any other Tnistees, to call for a Transfer of and to transfer jiiiy 
 Stock belonging to such Estate, or for the Establishment of any Scheme for the 
 Administration of any such Charity. 
 
 [C. T. Act, 1860.] 4. The said Board shall not make any Order, under the 
 
 Jurisdiction vcsteil in them bj^ this Act, with respect to any Charity of which the gross 
 annual Income, exclusively of the yearly Value of any Buildings or Land used wholly 
 for the Purposes thereof, and not yielding any pecuniary Income, shall amount to Fifty 
 Pounds or upwards, except upon the Application of the Trustees or Persons acting in 
 the Administration of the Charity, or a Majority of them, to be made to the said Board 
 in Writing under their Hands if they shall be unincorporated, or under their Common 
 Seal if they shall be incorporated, and the Board shall not make any Order removing 
 any Trustee on the Ground only of his Religious Belief. 
 
 The Powers to 
 be exercisable 
 over DO 
 Charities of 
 which thegroKs 
 Income shall 
 exceed So/, 
 without Appli- 
 cation of 
 Trustees. 
 
 [C. T. Act, I860.] 6. No Order appointing or removing a Trustee, or establishing Notices to be 
 a Scheme for the Administration of any Charit}', shall be made by the said Board lie fore given of certain 
 the Expiration of (»nc Calendar Month after public Notice of the Proposal to make such otijeci'i'ons or 
 Order shall have been given, as they may consider most expedient and etfectual for Suggestions to 
 ensuring the Publicity thereof, in each Parish or District in which the Charity, if of a *"-■ received, 
 local Charactci-, shall be applicable, or among all Persons interested therein ; and no 
 Order removing a Trustee or School Master or Mistress or other Officer of a Cliarity 
 who shall have any known Place of Residence in Gre.at Britain or Ireland, and who 
 shall not be consenting to be discharged, .shall be made before the Expiration of One 
 Calendar Month after Notice of the Proposal to make such Order shall have al.so been 
 delivered to him or her, or sent by the Post or otherwise to such his or her Place of 
 Residence, and until after sufficient Hearing of the Matter before the said Board, or 
 some Member thereof, or One of their Inupccturs ; and every Notice hereby required 
 shall contain (.so far as conveniently may be) .sufficient Particulars of the Objects of the 
 proposed Order, and shall prescribe a reasonable Time within which any Objections • 
 thereto or Suggestions thereon may be made or transmitted to the Board ; and the saiil 
 Board shall receive and consider all such Objections and Suggestions, and may withhold, 
 suspend, or modify their proposed Order, as the}' shall thereupon, or in the Result of 
 further Inquiry, or otherwise, think expedient. 
 
 [C. T. Act, 1860. j 8. The Attorney General, or any Person authorized by him or Power to 
 by the said Board, in the Case of any Charity, whatever may be the yearly Income of apij''"' "P"'"' 
 its Endowments, and any Trustee or Person acting in the Administration of or interested jjoar,]" 
 in anj' Charity of which the gross yearly Income to be calculated in manner aforesaid 
 shall exceed Fifty Pounds, or any Two Inhabitants of any Pari.sh or District in wiiich 
 the .same shall be speeiall}- applicable, may, within Three Calendar Months next after 
 the definitive Publication of any Order of the .said Board appointing or removiug a Trustee 
 or Trustees, or for or relating to the A.ssurance, Transfer, Payment, or vesting of any 
 Real or Pei-sonal Estate, or establishing a Scheme for the Administration of the Charity, 
 present a Petition to the High Court of Chancery in a summary Way, apjH'aling ag:iinst 
 such Order, and praying such Relief as the Citso may require ; and any Schoolma-ster or 
 Schoolmistress or otlier Officer removed by the Order of the BoaiHl, without the Concur- 
 rence of the Trustees or Persons acting in the Administration of the Charity, or a 
 Majority of them, and without the Approval of a Special Visitor, if any, of the Charity, 
 may, within Two Calendar Months (next afti-r his or her Removal), appeal in like 
 Manner against the Order of Removal ; and the Court, upon or U'tore the Hearing of 
 any such Petition of Appeal as aforesaid or at any Stige of the Priiceedings. may 
 require, if it shall think tit, from the said Board, their Reasons for nniking the Order 
 appealed against, or lor any Part of such Order, and may remit tiie same to the Board 
 for Reconsideration, with or without anj- Declamtion in relation theret<\ or may make 
 any substitutive or other Order in relation to tlif .Matter of the Appeal, lus it .shall think 
 just ; and the Court may nuike any Order respectinj^ the Costs, Charges, or Exjx'nsos 
 incident to the Appeal, and may also, before hearing or proceeding with the .same, 
 require from any Appellant, other than the Attorney General, proper Security for sucli 
 Costs, Charges, and Ex|ienses as may be eventually payable bj* him; but no such 
 Petition of Appeal shall be presented by any Pei-son, other than tiie Attorney Genenil, 
 before the expiration of Twenty-one Days after written Notice, under the Hand of such 
 
 K •_>
 
 A1'1'KM>IX NO. 1. 
 
 Nt> Prnvision 
 in at>r Act of 
 VarlinmtMiI, or 
 D'l-nft' n>lalliig 
 In any Clnnty 
 liniicr nny llrd«»r 
 rttho C.iurl cif 
 ClumriTV. to vx- 
 cliid« miy Juris- 
 diction which 
 mifcht otherwise 
 be eicrciwd liy 
 ttic Charily C'om- 
 iniss loners. 
 
 Amendmont 
 lit Charitable 
 Trusts .\cts 
 as to olHciuI 
 trustees of 
 charitable 
 funds. 
 
 Ai)[.clliint, of hi^i or her Intention to present such Petition, shall have been delivered to 
 tlie saiil Boanl at their Office. 
 
 |C. T. Act 1862.] Whereas hy the Acts relating to the Chai-ity Commissioners for 
 Kii{,'lHn(l" and Wales, Authority has been given to the Coniinissionei-s to make Orders 
 ior^arlous Purpose.s in Charity Cases upon sunnnary Application, and particularly in 
 reiiiiion t<J the Appointment and Removal of Trustees, and the Sale, Exchange, Leasing, 
 anil Improvement of the Property of Charities : And whereas in various Private Acts 
 of Piirliiment and Decrees and Ordei-s of the High Court of Chancery relating to 
 Charities such Powers hikI Authorities are often given or reserved, with Directions that 
 the same shall be cxerci.sed by the said Court, or with its Sanction or Approbation, 
 and Doubts are entertained whether in such Cases the Authority given to the Charity 
 Commissionei-s am be validly exercised : Be it therefore enacted and declared by the 
 Qu'ch'h vu>st Eirdlent Miijexty, h)j avd ivith the advice and consent of the Lords 
 Splritiud and Temi>oval, and Comnwtis.in this present Parliament assembled, and by 
 thi- authority of the same as follows : 
 
 1. No Provision contained in any such Act of Parliament or Decree or Order as 
 aforesaid for tJie Appointment or Removal of Trustees of any Charity, or for or relating 
 to the .Sale, Exchange, Leasing, Disposal, or Improvement of any Property, by or under 
 the Order or with the Approval of the Court of Chancery, shall (in the Absence of any 
 express Direction to the contrary, to be contained in any future Act of Parliament, 
 Order, or Decree,) exclude or impair any Jurisdiction or Authority whieii might 
 otherwise be properlj' exercised for the like Purposes by the Charity Commissioners for 
 England and Wales. 
 
 [C. T. Act, 1887.] 4. — (1.) From and after the date fixed by a regulation under 
 this section, such officers of the Board as the Board with the approval of the Treasury 
 fram time to time appoint shall, in lieu of the persons mentioned in the Charitable Trusts 
 Amendment Act, 1855, be the official trustees of charitable funds: 
 
 Pi-ij\-ided that any inspector or officer of the Board, who at the passing of this Act 
 is official trustee of charitable funds, and is not, after the passing of this Act, appointed 
 to be official trustee shall, while he continues to hold his inspectorship or office, receive 
 not less salary than he received while official trustee. 
 
 (2.) From and after the said date, notwithstanding anything in the Charitable Trusts 
 Acts, 1853 to 18(39, the Treasury niay, by regulations to be made or approved by them, 
 from time to time prescribe : 
 
 ((() the accounts to be kept by the said official trustees and the mode in which and 
 the persons by whom such accounts and the banking accounts, and any other 
 accounts retpiired by the Charitable Trusts Acts, 1853 to 1869, to be kept by 
 or on behalf of the official trustees of charitable funds, are to be kept ; 
 {h) the mode in winch orders authoiised l)y law for the payment of any nsoncy to 
 or by the saiil official trustees or held upon their banking account, or for the 
 transfer of any stock or securities to or by the said official trustees, are to 
 be signed, authenticated, and carried into eflect ; and 
 ((•) the mode in which the business of the said official trustees generally is to be 
 
 conducted : 
 Provided that separate accounts shall continue to be kept for each charity. 
 (3.) The accounts of the said official trustees shall be audited by such person and 
 in accordance with .such regulations as the Treasury from time to time appoint or 
 prescribe. 
 
 (4.) A regulation under this section, or any order made under any such regulation, 
 shall be a complete indemnity to the Governor and Company of the Bank of England, 
 and all companies and pcr.sons. for any act done pursuant to such regulation or order, 
 and the siiicl Governor and Company, and other companies and persons, shall conform 
 to such regulation or order.
 
 AIM'EN'UIX XO. 2. 77 
 
 APPENDIX :\o. 2. 
 
 The Endowed Schools Act, 1874 (37 & 38 Vict. c. 87.)- 
 
 2. Her Majesty and her successors may at any time ofter the jMssivif uf this Act, by i'o»i.r to add 
 warrant under her sign in.iiiuai, f.oin time to lime ap[>oint .-my numbtr uf persuns not tu ciinriy 
 exceeiling two to be paid Cbarity Commissionprs for Eiiglatid and Wult-s and a iierson to •""""""- 
 be Secictary in addition to ilie tbree paid Charity Con.niissionfrs and Socretjiry capalih- 
 of being appointed under tlie Cliaritsible Trusts Acts, 18.5;{ to 1.S09. The two ad(hti(iiial 
 Commissioners and additional Secretary .ipjjoiiited in pin-suance of this Act shall hold 
 olHce during Her Majest3''s jdeasure and their salaries .shall, uiiles.-> otherwise directed 
 by Parliament, cease to be paid after the expiration of five j-ears from the sa'd thirty- 
 first day of December one tliousaml eij^ht hundred ami S!?ventv-four. 
 
 Save as in this section mentioned, the alditional Commissioners sha'l have the same 
 powers, p -rform the same duties, and stimd in all respects in the same position as 
 the other paid Ch.-irity Oomiiiissioiiers with the exception of the Chief Comnds- 
 sioner. 
 
 The Commissioners of Her Mojesiif.s Treasury niMv allow the Charity Conmdssionei's 
 to employ such ninnber of a^sist:lnt commissioners, officers, and clerks as the Commis- 
 sioners of Her Majesty's Tieasury may think liecessary for the purpose of enabling the 
 said Charity Commissioners to jierform the additional duties imposed upon them by 
 this Act. 
 
 K 3
 
 INDEX TO SECTIONS OF ACTS. 
 
 INDEX TO SECTIONS OF THE CHARITABLE TRUSTS ACTS, 1853 to 1894. 
 
 The 
 
 Charitable Tri'slt Act, 1853 
 
 
 Pau-f 
 
 Scciioii 
 
 1 
 
 
 - 
 
 - 
 
 i;j 
 
 It 
 
 2 
 
 ■i 
 
 - 
 
 • 
 
 • 
 
 13 
 14 
 
 »» 
 
 4 
 
 
 - 
 
 . 
 
 14 
 14 
 
 
 I'l 
 
 . 
 
 - 
 
 - 
 
 15 
 
 
 7 
 
 
 - 
 
 - 
 
 15 
 
 " 
 
 s 
 9 
 
 - 
 
 - 
 
 * 
 
 15 
 18 
 
 
 10 
 
 . 
 
 - 
 
 - 
 
 IS 
 
 
 11 
 
 
 - 
 
 - 
 
 18 
 
 
 12 
 
 - 
 
 - 
 
 - 
 
 18 
 
 *) 
 
 l.T 
 
 
 - 
 
 - 
 
 19 
 
 
 14 
 
 . 
 
 - 
 
 - 
 
 19 
 
 
 1.-, 
 
 
 - 
 
 - 
 
 19 
 
 ff 
 
 u; 
 
 - 
 
 - 
 
 - 
 
 23 
 
 
 17 
 
 
 - 
 
 - 
 
 59 
 
 
 18 
 
 . 
 
 - 
 
 - 
 
 60 
 
 
 1!) 
 
 
 - 
 
 - 
 
 23. 00 
 
 •1 
 
 20 
 
 - 
 
 - 
 
 - 
 
 61 
 
 
 21 
 
 
 - 
 
 - 
 
 27 
 
 If 
 
 22 
 
 - 
 
 - 
 
 - 
 
 48 
 
 tf 
 
 23 
 
 
 - 
 
 - 
 
 21 
 
 
 24 
 
 - 
 
 - 
 
 - 
 
 28 
 
 
 25 
 
 
 - 
 
 - 
 
 28 
 
 
 26 
 
 - 
 
 - 
 
 - 
 
 28 
 
 9t 
 
 27 
 
 28 
 
 _ 
 
 . " . ■ 
 
 ■ 
 
 25 
 61 
 
 
 29 
 
 
 - 
 
 - 
 
 61 
 
 »» 
 
 30 
 
 - 
 
 - 
 
 - 
 
 62 
 
 *} 
 
 .SI 
 
 
 - 
 
 - 
 
 64 
 
 
 a2 
 
 - 
 
 - 
 
 - 
 
 65 
 
 JJ 
 
 33 
 
 
 - 
 
 - 
 
 67 
 
 
 34 
 
 - 
 
 - 
 
 - 
 
 67 
 
 ft 
 
 35 
 
 
 - 
 
 62, 
 
 65, 67 
 
 It 
 
 36 
 
 - 
 
 - 
 
 - 
 
 68 
 
 11 
 
 37 
 
 
 - 
 
 62, 
 
 65,68 
 
 t* 
 
 38 
 
 - 
 
 - 
 
 
 69 
 
 
 39 
 
 
 - 
 
 - 
 
 69 
 
 l» 
 
 40 
 
 - 
 
 - 
 
 - 
 
 70 
 
 
 41 
 
 
 • 
 
 63, 
 
 66, 74 
 
 )f 
 
 42 
 
 
 - 
 
 64, 
 
 68, 74 
 
 
 43 
 
 
 38, 44, 49, 54, 61, 
 
 64, 
 
 68, 74 
 
 
 44 
 
 - 
 
 - 
 
 
 63,67 
 
 I* 
 
 45 
 
 
 - 
 
 . 
 
 69 
 
 
 4G 
 
 - 
 
 - 46, 
 
 55, 
 
 63, 66 
 
 .^ 
 
 47 
 
 
 - 
 
 • 
 
 30 
 
 »» 
 
 4K 
 
 
 - 
 
 • 
 
 30 
 
 
 40 
 
 
 - 
 
 . 
 
 31 
 
 
 50 
 
 - 
 
 - 
 
 . 
 
 32 
 
 -^ 
 
 51 
 
 
 - 
 
 32, 
 
 33, 74 
 
 
 52 
 
 
 - 
 
 
 34 
 
 IV 
 
 53 
 
 
 - 
 
 . 
 
 42 
 
 „ 
 
 54 
 
 - 
 
 - 
 
 . 
 
 52 
 
 
 55 
 
 - 
 
 - 
 
 . 
 
 52 
 
 -J 
 
 56 
 
 - 
 
 - 
 
 . 
 
 52 
 
 ,, 
 
 57 
 
 - 
 
 - 
 
 - 
 
 53 
 
 )» 
 
 5>< 
 
 - 
 
 - 
 
 - 
 
 53 
 
 »» 
 
 50 
 
 - 
 
 - 
 
 - 
 
 53 
 
 »» 
 
 60 
 
 - 
 
 - 
 
 - 
 
 17, 53 
 
 »> 
 
 61 
 
 - 
 
 - 
 
 - 
 
 20 
 
 
 62 
 
 - 
 
 - 
 
 . 
 
 10 
 
 »> 
 
 G3 
 
 - 
 
 - 
 
 - 
 
 12 
 
 
 r.i 
 
 - 
 
 - 
 
 . 
 
 23 
 
 »» 
 
 65 
 
 - 
 
 - 
 
 - 
 
 41 
 
 
 66 
 
 
 . 
 
 . 
 
 9 
 
 ,. 
 
 67 
 
 - 
 
 - 
 
 - 
 
 9 
 
 7'^r C/iaritahle Trusts Amendment 
 Act, 1S55. 
 
 Section 
 
 68 
 
 1 
 2 
 
 :{ 
 
 4 
 5 
 6 
 7 
 8 
 9 
 10 
 11 
 12 
 13 
 14 
 16 
 16 
 17 
 18 
 19 
 20 
 21 
 22 
 23 
 24 
 25 
 26 
 27 
 28 
 29 
 30 
 31 
 32 
 33 
 34 
 35 
 36 
 37 
 38 
 39 
 40 
 41 
 42 
 43 
 44 
 45 
 46 
 47 
 48 
 49 
 50 
 
 Papc 
 
 - 7,71 
 
 - 15, 71 
 
 - 13 
 
 - 16 
 
 - 16 
 19 
 
 - 19 
 
 - 20 
 
 - 17, 20 
 
 - 43, 57 
 
 - 43, 57 
 
 - 31 
 
 - 43, 58 
 
 - 44, 5S 
 
 - 30 
 
 - 29, 32 
 
 - 32 
 
 - 33 
 
 - 33 
 
 - 35 
 
 - 35 
 
 - 34 
 
 - 35 
 35 
 
 - 35 
 
 - 35 
 
 - 36 
 
 - 37,42 
 
 - 26 
 
 - 27, 71 
 
 - 25 
 
 - 25, 28 
 
 - 24 
 24, 28, 74 
 
 - 25, 29 
 
 - 29 
 29, 31, 34, 74 
 
 - 28 
 
 - 28 
 
 - 43 
 
 - 25, 71 
 
 - 42 
 52, 53, 72 
 
 - 21,72 
 
 - 22 
 
 - 24 
 
 - 11 
 10 
 
 - 11 
 
 The Charitable Trusts Act, 1860. 
 
 Section 
 
 1 
 
 2 
 
 3 
 
 4 
 
 5 
 
 6 
 
 7 
 
 8 
 
 9 
 
 10 
 
 U 
 
 12 
 
 13 
 
 14 
 
 15 
 
 - 8, 72 
 31, 34, 38,41, 49, 54, 75 
 
 40, 46, 50, 55 
 
 38, 45, 46, 49, 54, 75 
 
 39, 46, 50. 55 
 
 - 46, 50, 55, 75 
 
 - 47, 56 
 40, 47, 50, 56, 75 
 
 41,48,51,57 
 
 - 39, 45, 49. 54 
 
 - 67 
 
 - 34 
 51, 70 
 
 - 48 
 
 - 25,27
 
 INDEX TO SECTIONS OF ACTS. 
 
 79 
 
 The Charitable Tnutt Act, 1860- 
 cont. 
 
 Section 16 
 
 »? 
 
 17 
 
 »» 
 
 ly 
 
 
 19 
 
 )» 
 
 20 
 
 ?> 
 
 21 
 
 I) 
 
 22 
 
 » 
 
 23 
 
 )» 
 
 21 
 
 
 2o 
 
 Page 
 29, 32 
 
 33 
 
 37 
 20. 42 
 
 17 
 
 20 
 
 Id 
 15 
 
 30, 40 
 14 
 
 8 
 
 The Charitable Trusts Act, 1862 
 Section 1 - - - 2G, 44, 7G 
 
 The Charitable Trusts Act, 1869. 
 
 Section 
 
 1 
 2 
 
 3 
 
 4 
 
 5 
 
 6 
 
 7 
 
 8 
 
 9 
 
 10 
 
 11 
 
 12 
 
 13 
 
 It 
 
 15 
 
 8 
 
 
 • , - ^ 
 40, 40, 50, bo 
 16, 39, 45, 49, .M 
 16 
 - 47, 50 
 16 
 20,20,41,48, 51, 57 
 40, 47, 57 
 
 - 41,47,51,57 
 
 - 29, 32 
 
 - 00 
 12 
 
 - 12. 39, 45, 54 
 
 The Charitable Trusts Act, 1869— 
 conl. 
 
 Page 
 
 Section 16 • 
 
 - 17 
 
 ., 17 
 
 - 72 
 
 The Charitable 
 
 Trusts Act, 1887. 
 
 Section 1 
 
 S 
 
 9 
 
 - 13, 15 
 
 „ 3 
 
 16 
 
 „ 4 - 
 
 - 33. 36, 76 
 
 „ 5 
 
 - 30 
 
 „ 6 - 
 
 - 72 
 
 The Charitable Trusts (Recover}/) Act, 
 1891. 
 
 Section 1 
 
 „ 2 - 
 
 „ 3 - 
 
 „ 1 - 
 
 ., 5 - 
 
 „ 6 - 
 
 „ 7 - 
 
 8 
 10, 58 
 58 
 58 
 59 
 59 
 
 9 
 
 The Charitable Trusts (Places of 
 Religious Worship Amendment) Act, 
 
 1894. 
 
 Section 1 
 
 9 
 
 ,. 3 
 ., 4 
 
 8 
 9 
 8 
 11, 12, 39, 45,55 
 
 Ki
 
 80 
 
 OBKERAL IS'DEX. 
 
 GENERAL INDEX. 
 
 Subjoct. 
 
 Page. 
 
 ACCOUNTS OF CHARITIES : 
 
 Parish Mec'tini>-, when to be laid before, - 
 Pciiiilty for refusing to render _ - . - 
 
 Requisition of, by Board, &c. _ - . 
 
 IVustees to render ------ 
 
 Vestry, when to be laid before, 
 
 ADVERSE CLAIMS, saving of - - - - 
 
 ADVICE, effect of when given by Board - 
 ANNUAL REPORT to the Queen, by Board 
 APPEALS against Orders of Board 
 
 APPLICATION : 
 Board, to, 
 Chai'itable Trusts Act, 1860, under, by whom to be made 
 
 Exempted Charities, for extension of Acts to, by whom to 
 be made . . - - - 
 
 General, how to be made . - - . 
 
 Places of Religious "Worship, for appointment of Trustees, 
 &c., of, by whom to be made - _ . 
 
 Judge, or Court, to, 
 
 AttoiTicy-General, by - 
 
 Board, by, under Charitable Trusts (Recovery) Act. 1891, 
 how to be made . - - . 
 
 Charitable Trusts Act, 1853, under jurisdiction created 
 by, who may make ..... 
 
 APPOINTMENT of Trustees, by Board 
 
 APPORTIONMENT OF CHARITIES 
 
 ARBITRAL POWERS of Board 
 
 ASSISTANT COMMISSIONERS : 
 
 Appointment of - - - - - 
 
 Attendance of persons, powers of, to require 
 In(|uirics, power of, to make . - . - 
 
 Numl)er, and salaries of, - . - - . 
 
 Powers of, general - . . - 
 
 ATTENDANCE : 
 
 Of persons, requisition of 
 
 
 mode of 
 
 limits of distance for 
 
 ATTORNEY-GENERAL : 
 
 Appeals against Orders ot Board under Charitable Trusts 
 Act, 18t50, may make and may authorise - - - 
 
 Application to Board, may make - - 
 
 „ County Court, may make 
 
 „ Judge at Chambers, may make 
 
 22. 
 
 19, 20. 
 
 18. 19, 22. 
 
 20-22. 
 
 22. 
 
 19,60, 63, 
 66. 
 23. 
 
 17. 
 
 40. 47, 50, 
 56. 
 
 38, 44, 49, 
 54. 
 
 12. 
 
 16. 
 
 12. 
 
 60, 6] , 64, 
 
 68. 
 
 58. 
 
 64, 68. 
 
 43-48. 
 43, 57. 
 23, 24. 
 
 13. 
 18, 19. 
 18, 19. 
 
 13. 
 
 13. 
 
 18, 19. 
 18,20. 
 19,20. 
 
 40, 47, 56. 
 
 38, 44, 49, 
 
 54. 
 
 60, 68. 
 
 61,64.
 
 GEXiiRAL INbfiX. 
 
 hi 
 
 Subject. 
 
 IVe. 
 
 ATTORNEY-GENERAL— con^. 
 
 Certificate to, by Board . - - . . 
 
 Charities Procedure Act, 1812, may present petition under, 
 Bx-officio, saving of power of, to proceed 
 Recovery of charity property, sanction of, required to 
 institution by Board of proceedings for - 
 
 AUTHENTICATION of Documents by Board 
 
 BENEFIT SOCIETIES, exemption of, from Acts 
 
 BOARD, Charity Commissioners to sit as - - 
 
 BRITISH MUSEUM, exemption of, from Acts 
 
 BUILDING LEASES, Board may sanction - 
 
 BUILDING. Sites for, acquisition of, - 
 
 CAMBRIDGE, University of, exempted from Acts - 
 
 CAPITAL FUNDS, application of, Board may authorise 
 
 CATHEDRAL SCHOOLS, not included in exemptions from 
 Acts --.... 
 
 CERTIFICATE OF BOARD : 
 
 To Attorney-General ..... 
 
 Authorising application to Judge at Chambers - 
 
 „ „ County Court ... 
 
 „ legal proceedings generally 
 
 Parliamentary Schemes, when approved, to be embodied in 
 
 CHAMBERS : 
 
 Application to Judge at. Board may authorise 
 Jurisdiction of Judge at, ... 
 
 „ „ Board may determine limits of, 
 
 „ „ Notice of application under, to be 
 
 given 
 
 CHAPTER SCHOOLS, not included in exemptions from Acts - 
 
 CHARGE upon Charity Estate, sanction to, required 
 
 CHARGEABILITY of lands. Board may determine 
 
 CHANCERY DIVISION: 
 
 Application to Judge of, at Chambers, notice of, when to be 
 
 given - - - - - - - ' 
 
 Application may be required by Board to be made to 
 
 Judge of, at Chambers, instead of to County Court 
 Approval of, requirement of, not to exclude jurisdiction 
 
 of Board ..... 
 County Court, decision of, may be referred by Board to 
 
 Judge of, at Chambers - - - - 
 
 Juri.sdiction of Judge of, at Chambers, under Charitable 
 
 Trusts Act, ] .^53 
 
 " CHARITY," definition of - - - - 
 
 CHARITY COMMISSIONERS: 
 
 Appointment of - - - - - 
 
 Commons, House of, disqualified for seat in 
 Procedure of . . . . - 
 
 Qualification of - 
 
 Quorum of - 
 
 Salaries of - 
 
 Stylo of ----- - 
 
 Tenure of ofiico by - - - - - 
 
 U 9U17. L 
 
 Gl. 
 01. 
 60. 
 
 58. 
 15,16. 
 
 10. 
 10, 15. 
 
 10. 
 
 27. 
 
 25. 
 
 10. 
 25, 27. 
 
 11. 
 
 61. 
 61. 
 
 C6. 
 
 59, no. 
 5:3. 
 
 Gl. 
 
 61-4. 
 
 63. 
 
 64. 
 11. 
 
 26. 
 
 •24. 
 
 64. 
 
 G2. 
 26, 44. 
 
 (')!». 
 
 61-64. 
 
 10. 
 
 13. 
 1-1. 
 
 i:.-i7. 
 
 13. 
 
 15. 
 
 14.15. 
 
 1.5. 
 
 13
 
 82 
 
 GENERAL INDEX. 
 
 Subject. 
 
 PBge. 
 
 CHUIU'II OF ENGLAND, saving of rights of, in certain cases 
 
 CHURCHWARDENS AND OVERSEERS, Vesting of land, 
 legal I'state in which is held by, • - - - 
 
 CLAIMS adverse to Charity, saving of - 
 
 COLLEGIATE SCHOOLS not within exemptions from Acts - 
 
 COMPROMISE OF CLAIMS . - - . - 
 
 CONSTRUCTION of Charitable Trusts Acts 
 
 CONTENTIOUS CASES not to be determined by Board under 
 Charitable Trusts Act, 1860 - - - 
 
 COPi'HOLDS, Vesting of, in Official Trustee of Charity Lands 
 
 CORPORATION : 
 
 Application to Board by, when to be under seal 
 
 J urisdiction of Board over Charities vested in - - 
 
 " Trustee," definition of expression, in Acts, includes 
 Vesting in Official Trustee of Charity Lands of real estate 
 vested in - - - - - - - 
 
 Words applying to any person, or individual, to apply to - 
 
 COSTS: 
 
 Of Order for determining chargeability of land, provision for 
 Of Inquiry, Appeals, &c., provision for - - - 
 
 Taxation of- 
 
 COUNTY COURT : 
 
 Jurisdiction of __.... 
 
 ,, limits of, to be determined by Board 
 
 „ notice of application under, to be given 
 
 „ Order made under : 
 
 „ Appeal against . . _ . 
 
 „ Approval of, by Board - - - - 
 
 „ Remission ol", to Court by Board - 
 
 „ Submission of, to judge at Chambers, by 
 
 Board - .... 
 
 DEEDS, Enrolment of, by Board .... 
 
 DEPOSIT OF DEEDS, DOCUMENTS, &c. 
 
 DEFINITIVE PUBLICATION. {See Publication of definitive 
 order). 
 
 DEVESTING of land vested in Official Trustee of Charity Lands 
 
 DIVIDENDS on stock held by Official Trustees of Charitable 
 Funds to be paid to administering Trustees 
 
 DOCUMENTS : 
 
 Deposit of, provision for - - - _ - 
 
 Production of, power of Board, &c., to compel 
 'J'ransmission of, power of Board to compel, and to retain 
 
 DURHAM, University of, exemption of, from Acts 
 
 ENDOWMENT, definition of 
 
 ENROLMENT of Deeds, &c. by Board 
 
 46,55,63, 
 66. 
 
 31. 
 
 19, 60, 63, 
 66. 
 
 11. 
 
 21,25. 
 
 7,8. 
 
 39,16, 50, 
 55. 
 31. 
 
 38,45,49, 
 
 54. 
 39,45,49, 
 
 54. 
 
 10. 
 
 31. 
 
 10. 
 
 24. 
 26. 
 43. 
 
 65-70. 
 67. 
 68. 
 
 69-70. 
 68. 
 69. 
 
 69. 
 42. 
 
 42. 
 
 31. 
 
 34. 
 
 42. 
 18, 19. 
 20, 42. 
 
 10. 
 
 10. 
 
 42.
 
 GENERAL INDEX. 
 
 83 
 
 Subject. 
 
 f^.f,'.. 
 
 ETON COLLEGE, exemption of, from Acts - 
 
 EVIDENCE : 
 
 False, penalty for giving, on examination 
 
 Eefusal to give, penalty for - . _ . 
 
 EXCHANGE : ^ 
 
 Board may authorise - _ _ 
 
 Cost, &c., of, Board may authorise payment of 
 
 Majority of Trustees may carry into effect 
 
 Money received for equality of, may be re-invested in land 
 
 EXEMPTED CHARITIES : 
 
 Extension of Acts to - - - - - 
 
 Notices of Order extending Acts to, to be given 
 
 EXEMPTIONS FROM ACTS - . - . . 
 
 EXPENDITURE of income for special purposes. Board may 
 sanction - - . _ . 
 
 EXTENT OF ACTS 
 
 FEES, Scale of, for business ... 
 
 FRIENDLY SOCIETIES, Exemption of, from Acts - 
 
 F UXDS, Capital, Board may authorise application of, for benefit 
 of Charity . . . - . 
 
 GENERAL MINUTES. [See Minutes.) 
 
 IMPROVEMENTS, Board may sanction expenditure upon 
 
 INCIDENTAL PROVISIONS, Board may insert, in Order 
 
 INCOME TAX, Exemption from : 
 
 Of Dividends upon Stock in Public Funds held by Official 
 
 Trustees of Charitable Funds - - 
 
 Of Dividends upon like Stock in other names 
 
 INDEMNITY : 
 
 To Bank of England, and other Companies, acting on Orders 
 
 relating to transfers or payments, . . _ 
 
 To Official Trustees of Charitable Funds ... 
 
 INQUIRY: 
 
 Costs of, provision for . - . - . 
 
 Powers of - - - - - 
 
 INSPECTORS, appointment and tenure of office of 
 INTERPRETATION of terms in Acts 
 
 INVESTMENT : 
 
 Orders of Board as to, to be carried into efifect 
 
 Power to Board to authorise . . . _ 
 
 JUDICIAL COURTS, cases more lit to bo determined by. not 
 to be dealt wiih by Board under Charitable Trusts Act, 1860 
 
 LANCASTER, Coun.ty Palatine of, jurisdiction conf.^n'.l on 
 Court of Chancery of - - - " 
 
 LAND, power to invest in • - - - - 
 
 LANDS, chargeability of, power to determine 
 
 L 2 
 
 II. 
 
 19. 
 19, 20. 
 
 28. 
 25, 28. 
 
 29. 
 25, 29. 
 
 12. 
 12. 
 
 10-12. 
 
 26. 
 9. 
 17. 
 10. 
 
 i 25, 26, 27. 
 
 27. 
 16. 
 
 37. 
 
 42. 
 
 36. 
 33. 
 
 20. 
 lS-20. 
 
 13, 14. 
 
 9, 10. 
 
 29. 
 
 25, 28. 29. 
 
 35. 
 
 39, 46, 50, 
 55. 
 
 64. 65. 
 
 25, 29. 
 
 24.
 
 S4. 
 
 GENERAL INDEX. 
 
 Subject. 
 
 I'ace. 
 
 LEASE of Charity Estate : 
 
 KiVoct of, when aanctioned liy Board 
 Majority of Trustees may carry into effect 
 Sanction to, may be given by Board 
 ,, when required - 
 
 LEGAL PROCEEDINGS : 
 
 By Board ----■■ 
 
 Institution of. sanction of Board, when required to 
 Majority of Trustees may institute 
 
 LETTING of Charity Property, Board may sanction Scheme 
 for - - - - * - 
 
 MAJORITY OF TRUSTEES : 
 
 Le^al proceedings, empowered to institute - - - 
 
 Sales, leases, mortgages, &c., empowered to execute 
 
 MIXING LEASES, Board may sanction - 
 
 MINUTES, Board to make - . - - - 
 
 MINUTES, GENERAL : 
 
 Board to frame . - - - - 
 
 Parliament, to be laid before .... 
 
 MISREPRESENTATION, discharge of Order made on 
 
 MISSIONARY SOCIETIES, exemption of certain funds of, 
 from Acts . . - . - 
 
 MISTAKE, discharge of Order made by, - - - 
 
 J^IODIFIED ORDER, republication of, not required - 
 
 MORTGAGE of Charity Estate : 
 
 Board, sanction of, when required to - - - 
 
 ,, ,, effect of . - . 
 
 Board may authorise : 
 
 I'or beneficial purposes - - 
 „ cost of improvements, &c. - - . - 
 
 ,, payment of equality of exchange or partition, &c. 
 Majority of Trustees may execute - - - - 
 
 Replacement of money raised by, provisions for 
 
 MUNICIPAL CHARITIES, vesting of property of 
 
 NOTICE : 
 
 Of application to judge at Chambers, to be published 
 „ ,, publication of, enforced - 
 
 ,, ,, „ evidence of - 
 
 Of application to County Court to be published - 
 Of Order for ; 
 
 Apportionment to be published ... 
 
 Exempted Charities, extension of Acts to, to be given - 
 Scheme, establishment of, to be given to Trustees, and 
 to be published ..... 
 
 Schoolmaster, &c., removal of, to be given to Trustees, 
 
 and to person to be removed 
 
 Trustees, appointment, or removal of, to be given to 
 
 Trustees, and to Trustee to be removed, and to be 
 
 published .--... 
 
 Vesting, to be given to Trustees - - 
 
 Of Parliamentary Schemes . •. . . 
 
 OFii'ICERS, of Charities removable by Trustees in certain cases 
 (and see Schoolmasters, &c.) - . . _ 
 
 28. 
 29, :}2. 
 2G,27. 
 
 2G. 
 
 58, 50. 
 
 59, (50. 
 GO. 
 
 28. 
 
 GO. 
 29, 32. 
 
 27. 
 
 15. 
 
 15. 
 15. 
 
 IG. 
 
 11. 
 
 16. 
 47, 56. 
 
 26. 
 
 28. 
 
 27. 
 
 27. 
 28. 
 29, 32. 
 
 27. 
 
 41,42. 
 
 64. 
 64. 
 64. 
 68. 
 
 43.58. 
 12. 
 
 55, 56. 
 
 50. 
 
 46, 47. 
 
 40. 
 52, 53. 
 
 48.
 
 GENERAL INDEX. 
 
 Sahjcct. 
 
 Page. 
 
 OFFICIAL TRUSTEE OF CHARITY LANDS: 
 
 Bare Trustee, is a - - . . 
 
 Constitution of ----- - 
 
 Conveyance of land to. Board may authorise 
 „ „ by, „ direct - 
 
 Devesting of land vested in- 
 vesting land in ----- - 
 
 OFFICIAL TRUSTEES OF CHARITABLE FUNDS : 
 
 Annual accnunt to be laid before Parliament by - 
 Assignment by, Board may direct 
 Banking Account : 
 
 To be kept by - 
 
 Dividends on stock held by, to be paid into - 
 Constitution of ----- - 
 
 Dividends on stock held by : 
 
 Banking account, to be paid into- - - - 
 
 Trustees of Charity, to be paid to - - - 
 
 Functions and procedure of - - - - - 
 
 Income Tax, exemption from, of stock held by - 
 Indemnity to. Statutory - - - - - 
 
 Payments by. Board may direct, 
 
 ,, to, provisions authorising - - - 
 
 Perpetual succession, to have .... 
 
 Principal monies, to invest . - . - . 
 
 Procedure, and accounts of, regulations as to 
 'J'l'ansfer of stock, when empowered to call for 
 Transfers by, ]5oard may direct - - . - 
 
 ,, to, provision authorising ... 
 
 OPINION, effect of, given by Board - - - . 
 
 ORDER: 
 
 Discharge of - - - - - - - 
 
 Effect of ------ - 
 
 Enforcing, provisions for - - - . . 
 Incidental provisions may be inserted in - 
 
 Investment and application of funds, for, to be carried into 
 
 effect - - - - - - - 
 
 Puljlication of ----- - 
 
 Transfer or payment to Trustees, or to Official Trustees of 
 Charitable Funds, directing, to atVord indemnity to Bank 
 of England, and Companies or persons acting on it 
 
 OVERSEERS. (See Churchwardens.) 
 
 OXFORD, University of, exemption of, from Acts 
 
 PARLIAMENTARY SCHEMES. {Srr Schemes.) 
 
 POSSESSION of building or property held over by School- 
 master, &c., provisions for giving . - . - 
 
 PROCEDURE of Charity Commissioners • 
 
 PUBLICATION OF NOTICE : 
 
 Of application to County Court .... 
 
 ,, Judge at Chambers - 
 
 Of modified Order not required .... 
 Of Order for ;n)poiiituient or removal of Trustees 
 „ apportionment 
 
 ,, establishment of Scheme 
 
 Uf Parliamentary Schemes . . . - . 
 
 L3 
 
 32. 
 30. 
 30. 
 31. 
 31. 
 30,31. 
 
 37,38. 
 34. 
 
 35. 
 
 35. 
 
 32-33. 
 
 35. 
 
 34. 
 34-37. 
 
 37. 
 
 33. 
 
 34. 
 
 34. 
 
 33. 
 
 3,0. 
 34-37. 
 
 34. 
 
 34. 
 33, 34. 
 
 23. 
 
 IC. 
 10. 
 17. 
 10. 
 
 29. 
 
 14, 17, 56, 
 
 58. 
 
 30, 40. 
 10. 
 
 51,70. 
 1.0-17. 
 
 OS. 
 
 04. 
 47. .■)0. 
 
 10. 
 43. .OS. 
 
 r.li, 33.
 
 86 
 
 GENERAL IN'DEX. 
 
 Subject. 
 
 Page. 
 
 PUBLICATION OF DEFINITIVE ORDEE FOR : 
 
 Apportionment ----- 44,58. 
 
 Scheme, establishment of - - - - - 66. 
 
 Trustees, appointment or removal of, - - - 47. 
 
 QUEEN ANNE'S BOUNTY, exemption of, from Acts - 10. 
 
 QUORUM of Charity Commissioners - - - 15. 
 
 REAL ESTATE of Charities, control by Board over dealings 
 
 with . - . - - . . 26-29. 
 
 RECIPIENTS of Charities. {Sec Schoolmasters, &c.) 
 
 RECORDS, &c., Board may require copies of - - - 18. 
 
 RECOVERY of property of Charities, proceedings by Board 
 
 for ..-.-- 58, 59. 
 
 RELIGIOUS BELIEF, Trustee not to be removed on ground 
 
 of 46. 
 
 REMOVAL : 
 
 Of Schoolmasters, Officers, and recipients of Charities - 48-51. 
 
 Of Trustees . . - - . 44-48. 
 
 RENTCHARGE : 
 
 Lauds charged with, Board may determine as to - - 24. 
 
 Purcha.se of, Board may authorise - - - - 28. 
 
 Sale of. Board may authorise . . - . 28. 
 
 REPLACEMENT of money raised by mortgage - - 27. 
 
 REPORT, Annual, by Board, to the Queen - - - 17. 
 
 REPUBLICATION of Notice of modified Order, not required - 47, 56. 
 
 REVERSIONARY LEASE, sanction to, when required - 26. 
 
 SALE OF LAND : 
 
 EfFect of, Avhen sanctioned by Board - - - 2S. 
 
 Investment in land of proceeds of - - - 25, 29. 
 
 Majority of Trustees may carry into effect - - - 29, 32. 
 
 Sanction to, may be given by Board - - - 26, 28. 
 
 „ , when required .... 26. 
 
 SCHEME : 
 
 Appeal against Order establishing - . . 56, 57. 
 
 Application for, to Board, by whom to be made - - 54. 
 
 ]?oard may establish . - - - 54. 
 
 Notice of application to County Court for, to be published - ' 68. 
 
 „ ,, Judgeat Chambers for, to be published 64. 
 „ Order of Board establishing, to be given to 
 
 Trustees and to be published - . - - 55^ 56. 
 
 Parliamentary, procedure for establishing - - 52-54. 
 
 Publication of definitive Order of Board establishing - 56. 
 
 Worship, places of, may be established for, in certain cases- 54, 55. 
 
 SCHOOLS not included in exemptions from Acts - - 11. 
 
 SCHOOLMASTERS : 
 
 Removable by Trustees in certain cases - - 48. 
 
 Removal of, by Trustees, with sanction of Board - - 48.
 
 GENERAL INDEX. 
 
 87 
 
 Subject. 
 
 Page. 
 
 SCHOOLMASTERS. OFFICERS, AND RECIPIENTS OF 
 CHARITIES : 
 
 Appeal against Order removing - « _ 
 
 Application for Order removing, how to be made 
 Notice of Order remuviug, to be given to Trustees, and to 
 person to be removed - - . . 
 
 Possession of buildings, &c. held over by, when removed, to 
 be given ----_.. 
 Kemoval of, by Order of Board ... 
 
 SEAL: 
 
 Board may use, for authenticating documents, &c. - 
 Corporation to make application under, when 
 
 SECRETARY OF CHARITY COMMISSION: 
 Appointment of - 
 
 Authentication of Acts of Board, by signature of 
 Authentication by, signature of oflBcer duly authorised to be 
 
 equivalent to - 
 Commons, House of, disqualified for seat in - - 
 
 Official Trustee of Cliarity Lands, to be 
 Salary of- 
 Tenure of office, by - - - - 
 
 SHORT TITLES of Charitable Ti-usts Acts 
 
 SITES, for buildings, acquisition of - - - 
 
 TREASURY : 
 
 Assistant-Commissioners, appointment, number, and salaries 
 of, to be sanctioned by - 
 
 Clerks, and Messengers, appointment of, to be sanctioned by 
 
 Fees, may prescribe scale of - 
 
 Official Trustees of Charitable Funds : 
 
 Appointment of, to bo approved by - - - 
 
 Annual Account of, to be laid before Parliament, power 
 
 to prescribe form of - 
 Audit of Accounts of, power to prescribe regulations for, 
 Business of, power to make regulations for conduct of, - 
 Regulations as to, made by - - - - 
 
 Salaries, to determine . . . . 
 
 TREASURY REGULATIONS in regard to the Official Trustees 
 of Charitable Funds -.-.-. 
 
 "TRUSTEE," definition of . . - - . 
 
 TRUSTEES : 
 
 Appointment of, by Board, as incidental to Orders for the 
 apportionment of Charities . . - 
 
 Appointment, or Removal of: 
 
 Board, by, (under C. T. Act, 1860) 
 Appeal against Order for 
 Application for Order for, how to be made - 
 Notice of proposed Order for 
 
 to be given to Trustees ... 
 
 „ „ „ Trustee to bo removed 
 
 to be published 
 Order for, when made, to be published 
 Religious belief, trustee not to be removed by 
 Boaid on ground of - - - - 
 
 Worsbip, Places of Religious, when Order for, may 
 bo made in case of - 
 
 L4 
 
 50-1. 
 1.9. 
 
 50. 
 
 51. 
 
 49. 
 
 15, 16. 
 
 38, 45, 41), 
 
 54. 
 
 13. 
 10. 
 
 16. 
 14. 
 30. 
 It, 15. 
 13. 
 
 7-9. 
 
 13. 
 14. 
 17. 
 
 33. 
 
 38. 
 36. 
 36. 
 30, 38. 
 15. 
 
 36, 37, 38. 
 10. 
 
 13. 
 
 U-4S. 
 17, IS. 
 44, 45. 
 
 46. 
 46. 
 
 46. 
 
 17. 
 
 10. 
 15.
 
 .8ij 
 
 titKEHAL lXt)l-X. 
 
 Subject. 
 
 TRUSTEES— co»/. 
 
 Appointment, or removal of — cont. 
 
 Church of Euglaiul, reservation of rights of, with 
 
 i-egard to 
 
 be 
 
 Page. 
 
 County Court, b}' - 
 
 Notice of Application to, for Order for, to 
 
 publishe<l ■ - . - - 
 
 Order for, requires confirmation by Board 
 Judge at Chambers, by - - - 
 
 Notice of Application to, for Order for, to 
 published 
 Lancaster, Palatine Court, by - 
 Majority, powers of - - - 
 
 Legal proceedings, to institute - - - | 
 
 Sales, exchanges, leases, mortgages, &c., to carry into ' 
 
 effect . . - - - 
 
 VESTING OF PROPERTY: 
 
 A])peal against Order for . .. - - 
 
 Application for Order for, by whom to be made 
 
 Board, by Order of - - - 
 
 Municijjal Charities, in ca«c of - - - - 
 
 Notice of Orders for, to l)e given to Trustees 
 
 Worship, places of, when Order for, may bo made in case of, 
 
 VESTING of real estate in Official Trustee of Charity Lands - 
 
 VOLUNTARY CONTRIBUTIONS, exemption from Acts of 
 institutions wholly maintained by - - - 
 
 VOLUNTARY SUBSCRIPTIONS, exemption in part of 
 Charities partly maintained by . - - - 
 
 WINCHESTER COLLEGE exempted from Acts 
 
 WORSHIP, RELIGIOUS, PLACES OF : 
 
 Exemption of, from Acts _ . . 
 
 Extension of certain provisions of Acts to - 
 Schemes may be made in case of, when 
 
 Trustees, Orders for appointment or removal of, may be 
 made in case of, when . . . - - 
 
 Vesting Orders for, may be made in case of, when 
 
 46, G;}, 66. 
 05-70. 
 
 68. 
 68. 
 
 ni-64. 
 
 64. 
 
 64-65. 
 
 60. 
 29, 32. 
 
 40-41. 
 
 38. 
 38-41. 
 41-42. 
 
 40. 
 
 39. 
 
 30-31. 
 10. 
 
 11. 
 
 11. 
 
 10,11. 
 
 12. 
 54-55. 
 
 45-46. 
 39.
 
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