chambers, Court of upon petition, &c. (a). order, or direction might now be made or given by the Sect. 28. Court of Chancery, in respect either of its ordinary (b) cellors in or its special or statutory jurisdiction (c), or by the Lord shall have the same jurisdicChancellor entrusted with the care and commitment of tion as the the custody of lunatics, it shall be lawful for any person Chancery or authorized in this behalf by the order or certificate of Lord Chancellor now has the said Board (d), or for the Attorney-General, to make in a suit or application (without any information, bill, or petition,) to the Master of the Rolls or one of the Vice-Chancellors (e) sitting at chambers, for such order, direction, or relief as the nature of the case may require; and the Master of the Rolls or the Vice-Chancellor (e) to whom any such application shall be made shall and may proceed upon and dispose of such application in chambers, save where he may think fit otherwise to direct, and shall and may have and exercise thereupon all such jurisdiction, power, and authority, and make such orders and give such directions in relation to the matter 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 Master of the Rolls and Vice-Chancellors (e) respectively shall, in relation to such applications as aforesaid, and the proceedings thereon, (subject to any rules (ƒ) which may be made by the Lord Chancellor, with the advice and consent of them or any two of them), have all such powers of directing matters to be heard in open court, and of ordering what matters shall be heard and investigated by themselves and their chief clerks respectively, and such other powers and authorities as by the Act of the last session of Parlia- 15 & 16 Vict. ment, chapter eighty (g), are vested in or authorized to be exercised by them at chambers, and the provisions of the said Act applicable to orders made by the Master of the Rolls or any of the Vice-Chancellors (e) at chambers shall extend to all orders so made under this Act: Provided always, that, save as may be otherwise provided by any rules to be made by the Lord Chancellor, with c. 80. Sect. 28. such advice and consent as aforesaid, the determinations Extent of jurisdiction. Chancery London 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 any case where the gross annual income of the charity does not exceed one hundred pounds (h): Provided also, that it shall be lawful for the Master of the Rolls or any Vice-Chancellor (e), where under the circumstances of any application as aforesaid he may so see fit, to direct that for obtaining the relief, order, or direction sought for by such application an information, 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. (a) As to proceedings in chambers, see ante, pp. 337, 338. The jurisdiction under this section does not extend to trying titles or dealing with adverse claims: sect. 41 of this Act, post. But the question whether property is held upon a charitable trust or not may be decided under it: Re Norwich Town Close Estate Charity, 40 Ch. D. 298. The jurisdiction given to the judge at chambers is the same as that which could previously have been exercised in a suit regularly instituted or on petition: Re Davenport's Charity, 4 De G. M. & G. 839. For the orders which may be made at chambers, see ante, p. 338, and cases there cited. This jurisdiction is now vested in the Chancery Division of the High Court of Justice: Jud. Act, 1873, ss. 16 and 34. During the continuance of the power of making schemes under the City of case of City of London Parochial Charities Act, 1883, the powers given by this section cannot, so far as regards parochial charities of the City of London, be exercised without the consent of the Charity Commissioners: see sect. 40 of that Act, post. charities. End. Schools Pendency of application under End. Schools Act, 1869, s. 32. Roman Catholic charities. A corresponding restriction is contained in sect. 6 of the End. Schools Act, 1874, the consent required in that case being that of the Committee of Council on Education. Where a summons had been taken out by the Attorney-General under this section for a scheme for the regulation of several old charitable endowments vested in various bodies of trustees, it was held that the mere fact that a scheme had been submitted by the trustees of four of the endowments to the End. Schools Commissioners under the End. Schools Act, 1869, s. 32, upon which no declaration had been made under sect. 30 of the same Act, was no objection to the Court making an order directing inquiries to be made as to the property of the charities and a scheme to be settled: Re Charitable Gifts for Prisoners, L. R. 8 Ch. 199. By the Roman Catholic Charities Act, 1860, s. 1, the jurisdiction conferred by this section is extended to apportioning Roman Catholic Charities, partly applicable to superstitious uses, and to applying such part to lawful charitable trusts. Sect. 28 (a)-(h). Ordinary (b) By information by the Attorney-General acting ex officio, or at the instance of a relator, or by bill, or by bill and information: see ante, p. 315. jurisdiction. All these proceedings are now commenced by writ of summons, and are called actions: ibid. (c) By petition under Romilly's Act (see ante, pp. 328 et seq.), and other Statutory Acts (ante, pp. 334—336). jurisdiction. (d) Presumably no person can be authorized except one coming within sect. 43 of this Act, post, p. 507. As to the mode of application, see Charit. Trusts Act, 1869, s. 5, post. (e) Now a judge of the Chancery Division of the High Court of Justice: Jud. Act, 1873, s. 34. (f) As to the mode of procedure, see ante, pp. 338, 339. (9) The Master in Chancery Abolition Act, 1852. This Act is superseded by R. S. C., 1883, Ord. LV., by which the Chamber jurisdiction is now regulated. The greater part of the Master in Chancery Abolition Act, 1852, has been repealed by the Stat. Law Rev. Acts, 1875, 1881 and 1883. (h) With regard to appeals, see ante, p. 340, and Re Charitable Gifts for Prisoners, L. R. 8 Ch. 199, there referred to. to charities Chancery of Lancaster. 29. The jurisdiction created and given by this Act Provision as to the Master of the Rolls and the Vice-Chancellors within the jurisdiction of sitting in chambers (a), upon any application to them the Court of respectively as aforesaid, shall extend concurrently to the County and may be exercised by the Chancellor of the Duchy Palatine of and County Palatine of Lancaster, and the Vice-Chancellor of the same County Palatine respectively for the time being, as to every charity within the jurisdiction of the Court of Chancery of the said County Palatine whose gross annual income for the 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 ViceChancellor 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. (a) Sect. 28, supra. to charities, 30. Provided always, that the provisions of this Act Provisions as applicable to any charity the gross annual income within the T. K K City of the incomes Sect. 30. whereof exceeds thirty pounds shall extend to any charity established or administered or applicable to or for objects or purposes within the City of London the not exceed 301. gross annual income whereof does not exceed thirty pounds, in like manner as if such income exceeded that amount (a). whereof do per annum. Lord Chan cellor, with Master of the Rolls and Vice-Chan cellors, may orders, &c. (a). (a) See the City of London Parochial Charities Act, 1882, post, by which special powers are conferred upon the Charity Commissioners to deal with these charities. During the continuance of the powers of that Act, the Court cannot make schemes for or appoint trustees of these charities without the consent of the Charity Commissioners: see sect. 40 of that Act. 31. It shall be lawful for the Lord Chancellor, with the advice of the advice and consent of the Master of the Rolls and Vice-Chancellors, or any two of them, to make and issue general rules and orders for regulating the mode and make general form of applications at the chambers of the Master of the Rolls 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 ViceChancellors 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 stamps 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 authority, and all such rules and orders shall be deemed general orders of the said Court. County Courts to have juris of charities (a) As to the procedure in Chambers, see ante, pp. 338–340. 32. Where any charity, of which the gross annual diction in cases income for the time being does not exceed thirty the incomes pounds (a) shall be established or administered or be exceed 301. per applicable wholly or partially to or for objects or purposes within the district or any two or more of the whereof do not annum (a). districts of any District Court of Bankruptcy or (b) of Sect. 32. any County Court or Courts, holden under the Act of the Session holden in the ninth and tenth years of the reign of her Majesty, chapter ninety-five (d), and the appointment or removal of any trustee, or any other relief, order, or direction whatsoever concerning such charity, shall be considered desirable, and such appointment or removal, or other relief, order, or direction, might now be made or given by the Court of Chancery in respect either of its ordinary or its special or statutory jurisdiction (e), or by the Lord Chancellor entrusted with the care and commitment of the custody of lunatics, it shall be lawful for any person authorized in this behalf by the order or certificate of the said Board (ƒ), or for the Attorney-General, to make application to such District or (c) 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 (c) County Court shall entertain such application, and shall hear the matter in open Court, and shall give such relief, and make such orders and directions in relation to the matter of such application, as might now be made or given by the Court of Chancery or by the Lord Chancellor, entrusted as aforesaid, in a suit regularly instituted, or upon petition, as the case may require; and the clerk (g) of such County Court shall transmit a copy of such order or direction to the office in London of the Registrar of County Courts Judgments, to be there enrolled: Provided always, that no judge of any District or (e) County Court shall be authorized to vary any decrce, order, or direction of the Court of Chancery, or of any judge thereof, or to make or give any order or direction inconsistent or conflicting with any such decree, order, or direction: Provided also, that where two or more District or (c) County Courts shall have concurrent jurisdiction with respect to any charity under this Act, no application in respect of such charity shall be made |