Sect. 51 Their duty in respect of income is confined (see sect. 52, infra) to remitting (free of charge), as they become due, the dividends and income of the funds (a), (b), (c). standing in their names to the trustees of the charity: see Twenty-ninth Report of the Charity Commissioners, App., p. 23, n. The position and the effect of vesting in the official trustees are stated in a memorandum prepared by the Charity Commissioners, which is printed among the Charity Commission Forms in App. II., post, Form No. 17. Orders for transfers and payments to and by the official trustees of charit- Jurisdiction able funds may be made by the Charity Commissioners: Charit. Trusts Act, of Charity 1860, s. 2, post. Commissioners. Schemes under the City of London Parochial Charities Act, 1883 (see City of sect. 12, post), must provide for the vesting in the official trustees of charit- London able funds of all personal property belonging to the charity. parochial charities. (b) The words in italics are repealed by sect. 6 of the Charit. Trusts Act, 1887, post. (c) These words were repealed by the Stat. Law Rev. Act, 1875, District Courts of Bankruptcy having been abolished by the Bankruptcy Act, 1869. keep separate the stock, &c. 52. The secretary of the said Board shall keep separate Secretary to accounts of the annuities, stock, shares, and securities belong- accounts of ing to each separate charity, and (a) the said official trustees of each shall pay the dividends or interest or income thereof to charity, &c. 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 (6), or any judge of such Court, or of any District Court of Bankruptcy, or (c) County Court having jurisdiction under this Act, or other lawful authority (d), shall direct. (a) The words in italics are repealed by s. 6 of the Charit. Trusts Act, 1887, post. The conduct of the business of the official trustees is now governed by Treasury Regulations under sect. 4, sub-s. (2) of the Charit. Trusts Act, 1887, post. The Regulations will be found in App. II. to this Book. (b) Now the Chancery Division: Jud. Act, 1873, s. 34, sub-s. (2). (c) These words are repealed by the Stat. Law Rev. Act, 1875, District Courts of Bankruptcy having been abolished by the Bankruptcy Act, 1869. (d) This jurisdiction is now exerciseable by the Charity Commissioners: Charit. Trusts Act, 1860, s. 2, post. charities may 53. It shall be lawful for any trustees or other Deeds of persons having the custody of any deeds or muniments te deposited of or relating to such charity to deposit the same for in a repository security in a repository which may be provided by the the Board. provided by Sect. 53. said Board, subject to any regulations to be made by the said Board under this Act (a). Board may provisionally cannot be carried into effect except of Parlia ment (a) (a) By sect. 19 of the Charit. Trusts Act, 1860, the Board may require the transmission of documents belonging to charities, and retain them in the repository mentioned in this section. 54. Where upon the application (b) of any trustees or approve and other persons concerned in the management or adminiscertify schemes which tration of any charity, or interested in the benefits thereof (and after such examination or inquiry as the Board by authority may think necessary in relation thereto), or upon any report of an inspector (e), or information otherwise obtained by the said Board under this Act, with relation to any charity, it shall appear to the said Board to be desirable 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 (d), or by any District or (e) County Court under the jurisdiction created by this Act, or otherwise than by the authority of Parliament, it shall be lawful for the said Board in every such case provisionally to approve and certify such new scheme in the manner and subject to the regulations hereinafter mentioned. Notice before provisional approval of scheme. (a) Sects. 54 to 60 of this Act, which relate to the making of schemes requiring the authority of Parliament, have fallen into disuse in consequence of the extreme difficulty which has been experienced in obtaining the necessary Act: see ante, p. 450. (b) As to the mode of application, see Charit. Trusts Act, 1860, s. 4, and Charit. Trusts Act, 1869, s. 5, post. (c) Now "assistant commissioner:" see Charit. Trusts Act, 1887, s. 2, sub-s. (3), post. (d) See ante, pp. 89-91 and 231. (e) 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. 55. One month at least before any such new scheme shall be so provisionally 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 the office in London of the Registrar of County Courts Judgments (a), where a copy of the proposed scheme shall be deposited and may be inspected, and every such notice shall require any objections to such scheme to be stated or transmitted to the said Board or their secretary (b) within one month from the time when the notice shall have been given. () Now the office of the Board: Charit. Trusts Amend. Act, 1855, s. 43, post. (b) Or any officer of the Board authorized to act on behalf of the secretary: Charit. Trusts Act, 1887, s. 3, post. Sect. 55. consider &c., and may scheme. 56. If after such notice as aforesaid any objections Board shall or suggestions shall be made, the Board shall consider objections, the same, and may thereupon, if to them it shall seem afterwards fit, alter or modify the scheme according to any such approve objections or suggestions; and after all such objections and suggestions, if any, have been disposed of, or if no such objections or suggestions shall have been made, the Board, in case they shall not think fit to refer such scheme to an inspector (a) under the provision next hereinafter contained, may proceed to approve such scheme, and to certify the same in manner hereinafter mentioned. (a) Now "assistant commissioner": see Charit. Trusts Act, 1887, s. 2, sub-s. (3), post. the scheme 57. Upon the requisition of any person interested in The matter of the charity in question (in case the said Board after due may be reconsideration shall be of opinion that there are sufficient ferred to an inspector for local inquiry. Sect. 57. grounds for complying with such requisition), or in any other case, if the said Board shall consider it desirable, the matter of any scheme in question may be referred by the said Board to one of their inspectors (a), and such inspector (a) shall thereupon proceed to make a local inquiry and examination into the matter of the scheme in question, and for the purposes of such inquiry, such inspector (a) 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 situated 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 from time to time adjourn any such sitting, and public notice shall be given by such inspector (a) of every such sitting (except an adjourned sitting) fourteen days at the least before the holding thereof, in such other mode as in the judgment of the said Board shall be sufficient to ensure publicity. Inspectors to report results the Board. (a) Now "assistant commissioner": see Charit. Trusts Act, 1887, s. 2, sub-s. (3), post. 58. Every inspector (a) to whom any such matter of inquiries to shall be referred shall report in writing to the said Board the result of his inquiry, and whether in his opinion the scheme in question should be approved with or without any alteration or modification thereof, and such report shall specify or indicate the alterations (if any) which such inspector (a) shall consider desirable, with the reasons for the same, and also the nature of the objections (if any) which shall have been made to the scheme, and the opinion of the said inspector (a) thereon, and the said Board shall consider such report, and if, as the result of such report or after further inquiry, 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 Sect. 58. manner hereinafter mentioned. (a) Now "assistant commissioner": see Charit. Trusts Act, 1887, s. 2, sub-s. (3), post. when ap certified by Copies of certificates to be deposited in the parish, &c., and notice to be given. 59. Every scheme to be approved by the said Board Scheme shall be certified by them, and for that purpose shall be proved to be embodied in a certificate to be made by the said Board, the Board. and sealed with their seal; and in every case a copy of such certificate shall be deposited in some convenient place within the parish or one of the parishes or the district in which the charity in question shall wholly or partially be situated or administered, and at the office in London of the Registrar of County Courts Judgments (a), and a notice shall also be given, in such manner as the Board shall direct, which notice shall refer to the certificate so deposited, and shall state the intention of the Board to proceed with the scheme thereby certified. (a) Now "office of the Board": Charit. Trusts Amend. Act, 1855, s. 43, post. to be laid ment, setting 60. The said Board shall in the month of February Annual report in every year make a report to her Majesty of all their before Parlia proceedings during the preceding year up to the thirty- forth all the first day of December then last, and such report shall, schemes provisionally within fourteen days after the making thereof, be laid approved, &c. before both Houses of Parliament, if Parliament be then sitting, or otherwise within fourteen days after the meeting thereof; and in such report the said Board shall specially distinguish and set forth in full all the schemes (if any) approved by them under the provisions lastly herein before contained, together with the grounds of such their approval, and the objections (if any) which have been made thereto, and all proceedings had in respect of such objections and the grounds on which any such objections have been overruled; and in case it shall be |