porations and powers as regards charity estates as the old corporasuccessors of tion (b). old corporations. Appointment of new trustees in cases within the section. Powers of new trustees. Members of corporation eligible. Munic. Corp. Fine in case of single trustee. In case of several trustees. In cases to which the section applied, the effect of it was to put an end to the trusteeship of the corporation. It consequently became necessary to supply the deficiency by appointing new trustees (c). The appointment of new trustees was made upon petition (). The trustees so appointed have, as such trustees, all the rights and powers formerly possessed by the corporation (e). Members of the corporation were held to be eligible as trustees, although the corporation might formally have set up a claim to the property in opposition to the charity (ƒ). With regard to corporations dissolved under the Municipal Corporations Act, 1883 (g), the Charity Commissioners are empowered, by means of schemes, to vest the property of such corporations in such persons or body corporate as they think right for the benefit of the inhabitants (h). And they were empowered to provide, by the appointment of interim trustees and otherwise, for the security and proper management and application of such property (i). Nothing in the Act affects the right to the benefit of any charity, or alters, or confers any power of altering, the defined charitable purposes (if any) to which any property was by law applicable at the passing of the Act (k). Copyholds. On the admission of a trustee of copyholds a fine becomes payable (), and on the decease of a trustee a heriot becomes due to the lord (m). Where there are several trustees, inasmuch as they are joint tenants, a heriot does not become due until the death of the longest (b) Att.-Gen. v. Phillimore, 9 L. J. Ch. 338. See Prestney v. Mayor of Colchester, 21 Ch. D. 111. (c) Re Shrewsbury School, 1 My. & C. at p. 648. These appointments are now commonly made by the Charity Commissioners. (d) Re St. John's Hospital, Bath, 3 Mac. & G. 235; Att.-Gen. v. Mayor of Exeter, 2 De G. M. & G. 507; Re Huntingdon Municipal Charities, 27 Beav. 214. It was held that the jurisdiction conferred by the section was not limited to the Lord Chancellor, but might be exercised by a vice-chancellor: Re Northampton Charities, 3 De G. M. & G. 179; Re Gloucester Charities, 10 Hare, App. iii. Cf. Re Robinson's Charity, 3 De G. M. & G. 188. (e) Alt.-Gen. v. Corporation of Ludlow, 2 Ph. 685. (f) Re Ludlow Charities, 3 My. & C. 262. (g) See sect 3 of the Act, and notes thereto, post, Part III. of this Book. The municipal corporations to which this Act applies are corporations which were not included in the previous Municipal Corporations Acts. (h) Sect. 3, sub-sect. (b). (1) Earl of Bath v. Abney, 1 Burr. liver of them, for joint tenants are seised per mic et per tout; and however many there are, they all make but one tenant to the lord. The tenancy, therefore, is not brought to an end by the death of one of them; and, consequently, no heriot can be due while any trustees remain to fill the tenancy (»). fine. Where several trustees are admitted (there being no special Mode of custom as to fines on such admittance) the proper mode of estimat- calculating ing the fine is to take for the first life the sum customarily paid on the admittance of a single tenant; for the second life, half the sum taken for the first; for the third, half the sum taken for the second; for the fourth, half that which is taken for the third, and so on. The effect of this is, that the lord never receives quite double the sum taken upon the first life (o). respect of trustees. vested in Although some of the old trustees are surrenderees as well as Payable in surrenderors, the fine is payable in respect of all the surrenderees, continuing as for the survivors of the old trustees as well as the new trustees take well as new a new estate (p). No order vesting copyhold lands in the Official Trustee of Charity Copyholds Lands can take effect without the consent of the lord of the manor; official and the Court, or judge having jurisdiction to make such order, trustee. may direct such periodical or other payment as such Court or judge may think fit, to be made to the lord of the manor, in compensation for fines or other profits which would have become due upon death or admittance of tenants (7). c. 28. case of copy religious or Where property conveyed to trustees for religious or educational 13 & 14 Vict. purposes under 13 & 14 Vict. c. 28, and which vests, without Payment in conveyance, in the trustees on their appointment in the manner lieu of fines in provided by the Act, is of copyhold or customary tenure, it is holds vested enacted by that Act that if such property is liable to the payment in trustees for of any fine, with or without a heriot, on the death or alienation of educational the tenant or tenants thereof, it shall be lawful for the lord or lady purposes. of the manor of which such property shall be holden, on the next appointment of a new trustee or trustees thereof, and at the expiration of every period of forty years thereafter, so long as such property shall belong to or be held in trust for such congregation or society or body of persons, or other party or parties to whom such property may have been or shall be conveyed for their benefit, to receive and take a sum corresponding to the fine and heriot, if any, (n) 2 Watkins' Copyh. p. 148. (0) Wilson v. Hoare, 2 B. & Ad. 350, 360; 10 A. & E. 236; Scriv. Copyh. 6th ed. pp. 157, 164. (p) Sheppard v. Woodford, 5 M. & W. 608; but see Wilson v. Hoare, 10 A. & E. 236. (2) Charit. Trusts Act, 1853, s. 48; Charitable Trustees Incorporation Act, 1872. which would have been payable by law upon the death or alienation of the tenant or tenants thereof; and such payments are in full of all fines payable to the lord or lady of the manor of which such property is holden, while the same shall remain the property or be held in trust for such congregation or society or body of persons; and the lord or lady of such manor has powers for the recovery of such sums as such lord or lady could have had in the event of the tenant or tenants of such property having died or having alienated the same (r). The Charitable Trustees Incorporation Act, 1872 (*), which empowers the Charity Commissioners, on the application of the trustees of any charity, to grant a certificate of registration of such trustees as a body corporate, contains similar provisions for payments in lieu of fines or heriots (t). (r) Sect. 2. (s) Post, Part III. of this Book. (t) Sect. 2. CHAPTER VIII. APPOINTMENT AND REMOVAL OF MEMBERS OF COLLEGES, MINISTERS, SECTION I. MEMBERS OF COLLEGES. amotion of IN a former chapter it has been shown that questions as to the Election and election and amotion of members of colleges and hospitals are members of generally decided by the visitors (a), according to the statutes by colleges and which such institutions are regulated. hospitals. c. 27. In some respects, however, these matters are controlled by 33 Hen. VIII. statute. By 33 Hen. VIII. c. 27, after reciting that by the common law all assents, elections, and grants by the dean, warden, provost, master, president, or other governor of any cathedral, church, hospital, college, or other corporation, by whatsoever name they may be incorporated or founded, with the assent or consent of the greater part of the chapter, fellows, or brethren of such corporation having voices of assent thereto, are as good as if the whole number had thereunto agreed, it is enacted that every peculiar, act, order, rule, and statute theretofore made or thereafter to be made by any founder of any hospital, college, deanery, or other corporation, at and upon the foundation thereof, whereby the grant or election of the governor or ruler of such hospital, college, deanery, or other corporation, with the assent of the more part of such of the same hospital, college, deanery, or corporation, as had or should have voice of assent to the same, at the time of such election thereafter to be made, should be in any wise hindered or let by any one or more, being the lesser number of such corporation, contrary to the common law, should thenceforth be void and of none effect. The Act applies only to grants and elections to be made by the Application of whole body of the corporation, not to grants and elections to be Act. (a) Ante, p. 77. 31 Eliz. c. 6. made by a particular number of the members. Accordingly, where a college statute empowered a certain number of the members to dispense with the absence of a fellow, the assent of the majority only of such members to such dispensation was held not sufficient, the case not coming within 33 Hen. VIII. c. 27 (b). In order to secure the election of the fittest persons, it is enacted by 31 Eliz. c. 6, "that if any person or persons, bodies politic or corporate, which have election, presentation, or nomination, or voice or assent in the choice, election, presentation, or nomination of any fellow, scholar, or other person, to have room or place in any of the said churches, colleges, schools, hospitals, halls, or societies, shall at any time after forty days next after the end of this present session of Parliament, have, receive, or take any money, fee, reward, or any other profit, directly or indirectly, or shall take any promise, agreement, covenant, bond, or other assurance to receive or have any money, fee, reward, or any other profit, directly or indirectly, either to him or themselves or to any other of their or any of their friends, for his or their voice or voices, assent or assents or consents, in electing, choosing, presenting, or nominating any officer, fellow, scholar, or other person to have any room or place in any of the said churches, colleges, halls, schools, hospitals, or societies; that then and from thenceforth the place, room, or office which such person so offending shall then have in any the said churches, colleges, schools, halls, hospitals, or societies, shall be void; and that then, as well the Queen's majesty, her heirs and successors, and every other person and persons, their heirs and successors, to whom the presentation, donation, gift, election, or disposition, shall of right belong or appertain, of any such of the said rooms or places of the said person offending as aforesaid, shall or may at their pleasure, elect, present, nominate, place, or appoint any other person or persons in the room, office, or place of such person or persons so offending, as if the said person or persons so offending then were naturally dead.” (c). A penalty is by the same Act made payable by any fellow, officer, or scholar taking money, reward, or profit for resigning his place, and the person giving or agreeing to give or pay it is rendered incapable for that time or turn (d); and the Act, together with the orders and statutes of the church, college, school, hall, hospital, or society, are to be read, under a penalty in default, publicly at every election (e). |