or, in some cases, from a subsequent day not later than the 29th September, 1886 (b). And as from such day each of them (except those to which a new charter was granted (e)) ceased to be a corporate town or borough, and the municipal or other corporation thereof was dissolved (d). The property of the dissolved corporations is made applicable for the public benefit of the inhabitants in such manner as may be provided by a scheme of the Charity Commissioners, or, in a case where a scheme is made by the Local Government Board, by that scheme (e). Acts and charters inconsistent with the Act are repealed (ƒ). The powers conferred upon the Charity Commissioners by the Act of making schemes for the application of the property of the dissolved corporations took effect from the 25th March, 1886. Charitable Trusts Act, 1887. The only other Act relating to the Charity Commission which Charit. Trusts Act, 1887. requires to be mentioned is the Charitable Trusts Act, 1887. The object of this Act was to effect changes in the constitution of the office of the Charity Commission, which were rendered necessary by the great increase in the work imposed upon it. The Act puts an end to the power of appointing inspectors, and substitutes for the future assistant commissioners. The powers of the assistant commissioners are made available not only for the purposes of the Charitable Trusts Acts, but for any purpose incidental to duties imposed by any existing or future Act; they can consequently be used for the purposes of Acts such as the Allotments Extension Act, 1882, and the Municipal Corporations Act, 1883. The Act also provides for a change in the constitution of, and for the re-organisation of the department of, the Official Trustees of Charitable Funds; the administrative changes necessary being left to be prescribed by Treasury Regulations. These provisions came into operation on, and the corresponding repeal of certain parts of the earlier Charitable Trusts Acts took effect from the 1st of April, 1889, the date fixed by the Treasury Regulations (g). Appointment, &c. of missioners, THE CHARITABLE TRUSTS ACT, 1853. 16 & 17 VICT. c. 137. An Act for the better Administration of Charitable Trusts (a). [20th August, 1853.] WHEREAS it is expedient to provide means for securing the due administration of charitable trusts (b), and for the more beneficial application of charitable funds in certain cases: Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: 1. It shall be lawful for her Majesty and her sucCharity Com-cessors, by warrant under the royal sign manual, to secretary, and appoint four Commissioners (c), and also one secretary inspectors (d). and two inspectors (d) for the purposes of this Act, and upon any vacancy by the death, resignation, or removal of any Commissioner, secretary or inspector (d) under this Act, from time to time in like manner to appoint another person to succeed to such vacancy, and until a fresh appointment shall be made it shall be lawful for the surviving or continuing Commissioners, in case of any vacancy, to act as if no such vacancy had occurred; and three of the said Commissioners shall hold office during good behaviour; and the fourth, and every secretary and inspector (d) to be appointed under this Act, shall hold office during the pleasure of her Majesty. Short titles. (a) This Act and the Charit. Trusts Acts, 1855, 1860, 1862, 1869 and 1887, are construed as one Act (Charit. Trusts Amend. Act, 1855, s. 1; Charit. Trusts Act, 1860, s. 1; Charit. Trusts Act, 1869, s. 3; Charit. Trusts Act, 1887, s. 1), and may be cited together as the Charit. Trusts Acts, 1853 to 1887: Charit. Trusts Act, 1887, s. 1, post. This Act and the Acts of 1855, 1860, 1862 and 1869, may also be cited together as the Charit. Trusts Acts, 1853 to 1869: Charit. Trusts Act, 1869, s. 3, post. Any provisions of this Act inconsistent with the Charit. Trusts Amend. Repeal. Act, 1855, are repealed by sect. 1 of that Act, and any provisions of this Act and of the Act of 1855 inconsistent with the Charit. Trusts Act, 1860, are similarly repealed by sect. 1 of the last-mentioned Act. With regard to the scope and object of the Charit. Trusts Acts, Lord Scope and Hatherley, in Braund v. Earl of Devon, L. R. 3 Ch. at p. 804, said: "The object. object, no doubt, of the provision in the Statute (sect. 17 of this Act, post, p. 476) was, as is stated in Re Lister's Hospital (6 De G. M. & G. at p. 186), to put an end to certain very scandalous proceedings on the part of individuals who, ascertaining that there was a fund disposable for the purpose of charities which had been overlooked, and thinking that a considerable profit might be made in the way of costs, instituted proceedings which were not likely to produce good to any one." See also Re Jarvis' Charity, 1 Dr. & Sm. at p. 100; Holme v. Guy, 5 Ch. D. at p. 903. The Charit. Trusts Acts "having been passed for the public good, it is the Principle of duty of Courts of Justice to put such a construction upon them as may tend construction. to the furtherance rather than to the restriction of " the powers conferred by them upon the Charity Commissioners: Re Duncan, L. R. 2 Ch. at p. 359. Cf. also Re Meyricke Fund, L. R. 7 Ch. at pp. 505, 506. For the application of the Act see the definitions of "Charity" in sect. 66 Application. of this Act, and sect. 48 of the Charit. Trusts Amend. Act, 1855, and n. (c) to the first-mentioned section, post, p. 532. See also the exemptions contained in sect. 62 of this Act, post, pp. 522 et seq. A charity founded and endowed in England or Wales, but of which the revenues are applied abroad, is within the Acts: Re Duncan, L. R. 2 Ch. 356. And it seems that charities of which the proceeds are applicable in England or Wales, but of which the endowments are abroad, are also within the Acts: ibid. See also Ironmongers' Co. v. Att.-Gen., 10 Cl. & F. 908; Att.-Gen. v. Gibson, 2 Beav. 317, n. (b) As to what constitutes a charitable trust, see Chap. I., ante. (c) Additions to the staff have been provided for by the End. Schools Acts Additions to (End. Schools Act, 1874, s. 2, post), and by the City of London Parochial staff. Charities Act, 1883 (see sect. 3, post). (d) So much of this section as relates to inspectors is repealed: Charit. Inspectors. Trusts Act, 1887, s. 6. And the power of appointing inspectors is put an end to: ibid. s. 2, sub-s. (4), post. By that Act assistant commissioners are substituted for inspectors. Sect. 3 of the Charit. Trusts Amend. Act, 1855, gave power to appoint additional inspectors, but the section is now repealed: Charit. Trusts Act, 1887, s. 6, post. of Commis 2. The said three Commissioners so holding office Qualification during good behaviour shall be paid as hereinafter sioners. mentioned (a), and two at least of the said paid Commissioners for the time being shall be barristers-at-law Sect. 2. Chief Commissioners. Appointment of clerks and messengers. Salaries. Repeal. No paid Commissioner, of not less than twelve years standing at the time of their respective appointments, and one of such barristers shall be the Chief Commissioner, and shall be so called and distinguished in his appointment. (a) Sect. 4 of this Act, now repealed: see note (a) thereto. 3. The said Commissioners, with the sanction of the Commissioners of her Majesty's Treasury, shall from time to time appoint such clerks and messengers as the said Commissioners may think fit, and all persons appointed under this provision shall hold their offices during the pleasure of the said Commissioners. 4. There shall be paid to the said paid Commissioners, and to the said secretary, inspectors, clerks, and messengers, such salaries not exceeding for the Chief Commissioner the annual sum of one thousand five hundred pounds, and for each of the olher paid Commissioners the 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 eight hundred pounds, as shall be from time to time allowed 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 of any moneys which may be from time to time provided by Parliament for that purpose: Provided always, that after the thirty-first day of March in the year one thousand eight hundred and fifty-seven, the said annual salary shall be paid to one only of the said Commissioners besides the said Chief Commissioner (a). (a) This section is repealed by the Charit. Trusts Act, 1887, s. 6, post. Sect. 3 of the End. Schools Act, 1874, post, provides that there shall be paid to the commissioners and their officers such salaries as the Treasury may from time to time determine. 5. No paid Commissioner, secretary, or inspector (a) secretary, or to be appointed under this Act shall be capable of sitting in the House of Commons during the tenure of his office. Sect. 5. inspector, to sit in House (a) Now "assistant commissioner:" Charit. Trusts Act, 1887, s. 2, sub- of Commons. s. (3), post. of Commis 6. The said Commissioners to be appointed under this Style and seal Act shall be styled "The Charity Commissioners for siouers. England and Wales," and may have and use a seal for authenticating documents, and such Commissioners shall sit from time to time as a Board for carrying this Act into execution; and any two of such Commissioners may Any two may form a Board, and may exercise all or any of the powers conferred on the Commissioners or the Board by this Act (a). form a Board. (u) Acts of the Board are authenticated by the seal of the commissioners Authenticaand the signature of their secretary (Charit. Trusts Amend. Act, 1855, s. 4, tion. post), or any officer of the Board authorized to act on his behalf; Charit. Trusts Act, 1887, s. 3, post. frame regu general 7. The said Board shall, by general minutes, from Board to time to time prescribe regulations for their proceedings, lations by and the proceedings of their inspectors (b), and con- minutes, cerning the form and manner of applications to the said &c. (a). Board, and the conditions to be performed by applicants, and for the guidance of applicants in relation thereto, and all such general minutes shall be signed by three of the said Commissioners at the least; and copies of all such general minutes shall be laid before both Houses of Parliament within fourteen days after the making thereof if Parliament be sitting, or if Parliament be not sitting, then within fourteen days after the next meeting thereof. (a) It is understood to be in contemplation to issue fresh minutes under this section. The existing minutes, being out of date, are not inserted. A complete set of the forms of application to the Board now in use will, however, be found in App. II. to this Book, post. (b) Now "assistant commissioners:" Charit. Trusts Act, 1887, s. 2, subs. (3), post. 8. The said Board shall cause minutes of their pro- Minutes of proceedings ceedings, and all orders, certificates, and schemes, made and orders, |