Sect. 32. Limit of jurisdiction increased. City of London parochial charities. End. Schools to or entertained by more than one of such District or (c) County Courts at the same time. (a) The limit of jurisdiction is increased, by the Charit. Trusts Act, 1860, s. 11, to 507. The certificate of the Charity Commissioners is evidence of the amount of the income of the charity: sect. 44 of this Act, post; and see County Court Rules, 1889, Ord. XLVIII. r. 18. See further, as to County Courts, sects. 35-40 of this Act, and ante, pp. 343, 344. A temporary restriction on the exercise of jurisdiction without the consent of the commissioners is imposed by the City of London Parochial Charities Act, 1883, s. 40, post. A corresponding restriction is contained in sect. 6 of the Endowed Schools Act, 1874, the consent required being that of the Committee of Council on Education. (b) District Courts of Bankruptcy were abolished by the Bankruptcy Act, 1869, s. 130; and by the Stat. Law Rev. Act, 1875, the present Act was repealed so far as relates to District Courts of Bankruptcy. (c) The words in italics were repealed by the Stat. Law Rev. Act, 1875: see note (b), supra. (d) Now the County Courts Act, 1888, 51 & 52 Vict. c. 43. (e) See notes (b) and (c) to sect 28 of this Act, ante. (ƒ) Presumably this could only be a person authorized to apply under sect. 43 of this Act, post. (g) Now "the registrar." See County Court Rules, 1889, Ord. XLVIII. r. 1. Deputy sitting for County not to exercise 33. The jurisdiction hereby created and conferred on the Court judge County Courts with respect to any charity shall not be jurisdiction. exercised by any deputy or other person who may for the time being be appointed to sit and shall be sitting for any such judge (a). Where two or more Courts have concurrent (a) Repealed by the Stat. Law Rev. Act, 1875, the County Courts Act, 1867 (30 & 31 Vict. c. 142), having enacted (sect. 20) that the deputy of a County Court judge shall have all the powers of his principal. The County Courts Act, 1888 (51 & 52 Vict. c. 43), contains a similar provision (sect. 18). 34. Where two or more District Courts of Bankruptcy or (a) County Courts shall concurrently have jurisdiction jurisdiction, under this Act (b) with respect to any charity, it shall Board to be lawful for the said Board to order to which of such which Court Courts any application with respect to such charity shall shall be made. be made; and every such order shall be conclusive as to direct to applications the jurisdiction with respect to the application referred Sect. 34. to in such order. (a) The words in italics were repealed by the Stat. Law Rev. Act, 1875, District Courts of Bankruptcy having been abolished by the Bankruptcy Act, 1869. (b) See sect. 32, ante. direct applicathe tions within (a) diction of a the juristhe County Court before a judge the to be made of the Court &c. 35. It shall be lawful for the said Board to direct Board may that any application as to any charity within jurisdiction of any District Court of Bankruptcy or County Court shall be made before a judge of Court of Chancery (b), or as to any charity within jurisdiction of the Court of Chancery of the County of Chancery, 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 (b), according to the provisions herein contained applicable to a charity the gross annual income whereof exceeds thirty pounds (c), 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 thirty 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 District or (a) County Court. (a) The words in italics were repealed by the Stat. Law Rev. Act, 1875, District Courts of Bankruptcy having been abolished by the Bankruptcy Act, 1869. (b) Now the Chancery Division: Jud. Act, 1873, s. 34, sub-s. (2). (c) See sect. 28 of this Act, ante. Orders appointment trustees, or 36. Whenever any order or decision is made by any County Court District Court of Bankruptcy or (a) County Court for for the the appointment or removal of any trustee of any or removal of charity, or approving of any scheme for regulating or approving of a directing the administration of any charity, or the scheme to be estate, funds, property, or income thereof, a copy of the Board, every such order or decision shall immediately upon valid until transmitted to and not to be approved by them. Sect. 36. the making thereof be delivered or transmitted by the deputy registrar of such District Court or (a) by the clerk of the County Court (b), as the case may be (a), 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 writing, signed by the secretary (c) of the said Board, and no such approval shall issue from the said Board until one calendar month shall have elapsed after the receipt by the Board of such copy and particulars. Board, if dissatisfied with the order of the County Court, may remit the same for (a) The words in italics were repealed by the Stat. Law Rev. Act, 1875, District Courts of Bankruptcy having been abolished by the Bankruptcy Act, 1869. (b) Now "the registrar:" see County Court Rules, 1889, Ord. XLVIII. r. 1. (c) Or any officer authorized by order of the Board to act on behalf of the secretary: Charit. Trusts Act, 1887, s. 3, post. 37. In case any such order or decision as last aforesaid of any District Court of Bankruptcy or (a) 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 or (a) County Court, with such remarks and recommendations thereon a judge of the (if any) as shall seem fit and expedient to such Board, Chancery, &c. or, in the discretion of the Board, to order and direct reconsidera tion, or may transfer the matter to Court of that the subject-matter 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 (b), and in such last-mentioned case no further proceedings shall be had or taken in the District or (a) County Court with respect to the matter in question; and in case the order or decision of the District or (a) County Court, on the reconsideration of any order or decision so remitted for reconsideration, be disapproved as aforesaid by the said Board, such Board shall refer such orders and decisions, and the subjectmatter thereof, to a judge of the Court of Chancery (b), or, as to any charity within the jurisdiction of the Court Sect. 37. of Chancery of the County Palatine of Lancaster, either to the Chancellor or the Vice-Chancellor of the same. County Palatine, or to a judge of the High Court of Chancery (b); 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 (e), and may make such order in relation to the matter of such order or decision as to him may seem proper. (a) The words in italics were repealed by the Stat. Law Rev. Act, 1875, District Courts of Bankruptcy having been abolished by the Bankruptcy Act, 1869. (b) Now the Chancery Division: Jud. Act, 1873, s. 34, sub-s. (2). (c) See sect. 28 of this Act, ante. in County this Act. 38. Subject to any orders to be made by the Lord Proceedings Chancellor as hereinafter mentioned (b), and to the other Courts under provisions of this Act, all proceedings to be taken in any District Court of Bankruptcy or (a) County Court, and all orders and directions to be made or given by any such District Court or (a) County Court by virtue of the jurisdiction hereby created and conferred on such Court, shall respectively 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, orders, judgments, and directions of the same Court under its ordinary jurisdiction, and it shall be lawful for any such District Court, or (a) for any County Court, with the consent of the Board (c), to rescind or vary any order which shall have been previously made by such Court, without prejudice to any act or matter in the meantime done under such order; and for executing and putting in force any order to be made by any County Court under this Act, every judge of any such Court shall and may have and exercise all Appeal from order of such powers as by the Act of the session holden in the ninth and tenth years of her Majesty, chapter ninetyfive (d), are given for enforcing the payment of any debt, damages, or costs under the said Act. (a) The words in italics were repealed by the Stat. Law Rev. Act, 1875, District Courts of Bankruptcy having been abolished by the Bankruptcy Act, 1869. (b) Sect. 45 of this Act, post. (c) The Charity Commissioners sitting as a board under this Act: sect. 66, of this Act, post. (d) Now sects. 146-163 of the County Courts Act, 1888 (51 & 52 Vict. c. 43). 39. Where any person authorized to make any apCounty Court. plication under this Act (a), (other than her Majesty's Attorney-General acting ex officio,) or any other person who may have been made a party to any proceeding upon any application under this Act, is aggrieved by or dissatisfied with any order made by any District Court of Bankruptcy or (b) County Court upon any such application, or any proceeding thereon, he may, within one calendar month after the making of such order, give notice in writing to the said Court, and also to the said Board, that he is desirous to appeal against the same; and if the said Board think it reasonable and proper that such appeal should be entertained, and give a certificate to that effect, such District or (b) County Court shall suspend any proceedings upon the order appealed against during such time as the circumstances may require; and the said Board, if they so think fit, may require the person giving any such notice of appeal to become bound with two sufficient sureties (c), to be approved by the deputy registrar of such District Court, or (b) by the clerk (d) of the County Court, as the case may be (a), to the treasurers of the said Courts respectively, or such other person as the said Board may see fit, in such sum as to the said Board shall seem reasonable, to pay such costs of the proceedings on the appeal as shall be ordered to be paid by such appellant, and also (if the said Board so think fit) to indemnify the charity against the costs and expenses of |