Sect. 32 (a), (b), (c). way of compromise. Power to ascertain the specific parts of lands charged with small rents to charities which shall be charged with such rents (a). Expenses of orders for exchanges or partitions, or orders determining the lands compromise and adjustment of claims by and against a charity under the powers conferred by sect. 23 of the Charit. Trusts Act, 1853, and sect. 31 of the present Act, ante. An order of this kind is, however, very rare. (b) The Charity Commissioners sitting as a Board: Charit. Trusts Act, 1853, s. 66, ante. (c) With regard to mortgages, see notes (b) and (c) to sect. 21 of the Charit. Trusts Act, 1853, ante, pp. 486, 487. 33. Where there shall be uncertainty as to the specific part of any lands out of which any rent, annuity, or other periodical payment, not exceeding the yearly sum of ten pounds, charged upon some part of the same lands, for the benefit of a charity, shall be payable, it shall be lawful for the Board (b), upon the application of the trustees (c) or persons acting in the administration of the charity, and with the consent of the persons interested, according to the aforesaid definition of " persons interested" (d) in the same lands, to determine by their order the land charged with such rent, annuity, or other periodical payment, which shall thenceforth stand charged with such rent, annuity, or periodical payment accordingly, to the exoneration of the residue of such lands therefrom. (a) See also the next section, and s. 25 of the Charit. Trusts Act, 1853, ante, under which the Board may authorize the redemption of rent-charges. (b) The Charity Commissioners sitting as a Board: Charit. Trusts Act, 1853, s. 66, ante. (c) As to the mode of application, see Charit. Trusts Act, 1869, s. 5, post. (d) The definition here referred to was contained in certain sections which were struck out of the Bill in its passage through Parliament. 34. The expenses incident to the application for and procuring of any such order of exchange (a) or partition (b), or order determining the land charged with any rent, annuity, or periodical payment (e), shall be charged with paid by the trustees or administrators of the charity, or by the other parties to such transactions, or by both, as the Board may direct. rents. (a) See sect. 24 of the Charit. Trusts Act, 1853, ante; and see also ante, pp. 267-270. (b) See note (a) to sect. 32 of this Act, ante. The Act makes no provision for an order of partition. The reference is to a section which was struck out of the Bill in its passage through Parliament. (c) See the last section. charities and charities may 35. Any incorporated charity, or the trustees of any Sect. 35. charity, whether incorporated or not, may, with the Incorporated consent of the Board, invest money arising from any trustees for sale (a) of land belonging to the charity, or received by re-invest in way of equality of exchange or partition, in the purchase of land, and may hold such land, or any land acquired by way of exchange or partition, for the benfit of such exchanges, charity, without any licence in mortmain (¿). (a) Charit. Trusts Act, 1853, s. 24, ante. (b) The conveyances must, however, satisfy the requirements of Part II. of the Mortm. and Charit. Uses Act, 1888, ante, pp. 386 et seq. land monies sale, or received on &c. Board for and for pro be carried into effect by 36. All orders of the Board for the investment of Orders of money coming to any charity or the trustees thereof investments on any sale, exchange, or partition (a) shall be carried viding monies into effect by the trustees or persons administering the for costs, to charity; and all monies which the Board shall order to be provided out of any income or property of a charity for the payment of the costs (b) of any such transaction shall be provided or raised by the trustees or administrators of the charity, and applied accordingly. (a) See sects. 24 and 25 of the Charit. Trusts Act, 1853, ante. (b) See sects. 32 and 34 of this Act, ante. trustees. direct official lands and 37. It shall be lawful for the Board to authorize or Board may order and direct the Official Trustee of Charity Lands trustees of and the Official Trustees of Charitable Funds respec- fands to tively to convey lands, and to assign, transfer, and pay convey lands, over stocks, funds, monies, and securities, as the Board stocks, &c. shall think expedient (a). (a) As to the official trustee of charity lands, see note (a) to sect. 48 of the Charit. Trusts Act, 1853 (ante, pp. 511, 512); and as to the official trustees of charitable funds, see note (a) to sect. 51 of the same Act, ante, p. 514. Orders for transfer or payment of stock or money are now governed by Treasury Regulations made under sect. 4, sub-s. (2), of the Charit. Trusts Act, 1887, printed in App. II. to this Book, post. With regard to the concurrence of the official trustee of charity lands, see ante, pp. 486, 491. transfer Sect. 38. Leases, &c. authorized by Board to be valid, not 14 Eliz. ce. 11, cc. 6, 11; 39 38. All leases, sales, exchanges, partitions, and transactions authorized by the Board under the principal Act or this Act shall be valid and effectual (a), notwithstandwithstanding ing the Act of the thirteenth year of the reign of Queen 13 Eliz. c. 10; Elizabeth, chapter ten, the Acts of the fourteenth year of 14; 18 Eliz. the same Queen, chapters eleven and fourteen, the Acts Eliz. c. 5; 21 of the eighteenth year of the same Queen, chapters six and eleven, the Act of the thirty-ninth year of the same Queen, chapter five, and the Act of the twenty-first year of the reign of King James the First, chapter one, or any disabling Act (b) applicable to the charity the estates whereof shall be the subject of any such transaction. Jac. I. c. 1, or other dis abling Acts. Disabling Board may approve schemes for letting charit (a) See also Charit. Trusts Act, 1853, s. 26, ante. See as to leases, sect. 21; and as to sales and exchanges, sect. 24 of the Charit. Trusts Act, 1853, ante. And as to partitions, see note (a) to sect. 32 of this Act, ante, p. 549. (b) With regard to these disabling Acts, see ante, pp. 262 et seq., and cases there cited. The Act 2 Will. IV. c. 42 (mentioned in the preamble to the Allotments Extension Act, 1882, post), which by sect. 1 requires trustees of allotments within the Act, together with the churchwardens and overseers of the poor, to let portions of any such allotments to such industrious cottagers as the section defines who may apply for the same, is not a disabling Act, for the powers given by it may subsist side by side with those given to the Charity Commissioners by the Charit. Trusts Acts: Parish of Sutton to Church, 26 Ch. D. at p. 177. Nor does the Allotments Extension Act, 1882 (45 & 46 Vict. c. 80), deprive the Charity Commissioners of any powers conferred upon them by the Charit. Trusts Acts: ibid. at p. 178. 39. It shall be lawful for the Board to prepare, and under their seal to approve of, any scheme for the letting able property. of the property or any part of the property of any charity; and all leases granted by any trustees or persons acting in the management of any charity, pursuant to or in conformity with such scheme, shall be valid (a). (a) With regard to leases, see ante, pp. 265, 266, and sect. 21 of the Charit. Trusts Act, 1853, ante. Power to 40. The Board may order the bill of costs or charges Board to refer bills of costs claimed claimed by any attorney or solicitor on account of matters to business conducted or transacted by him on behalf of Sect. 40. any charity, or the trustees thereof, to be examined and in charity taxed by the taxing masters of the Court of Chancery, taxation (a). or by the proper taxing officers of any of the superior Courts at Westminster (b), who shall proceed to examine and tax the same bill accordingly; and if the same shall be reduced upon such taxation by the amount of onesixth part or more of the amount thereof, the costs of Costs of taxathe taxation shall be paid by such attorney or solicitor, but otherwise out of the funds of the charity by the trustees thereof; and the Board may, after being satisfied tion. as to any bill that it contains exorbitant charges, order Taxation after any such bill to be so taxed, notwithstanding that the payment. same may have been paid by the trustees of the charity at any period not more than six calendar months previously to such order; and any amount taxed off any Recovery of such paid bill shall be a debt due from the attorney off. or solicitor to the trustees of the charity, and shall be forthwith paid by him to such trustees accordingly (a). amount taxed costs. (a) Although this section does not expressly authorize the commissioners Taxation of themselves to tax bills of costs, yet it produces the result of practically conferring that power upon them. The practice of the commissioners is to examine a bill of costs, and to make such deductions as they think right. These are usually acquiesced in, or an explanation is given which may result in the restoration of the items taxed off. If the solicitor refuses to acquiesce, the bill is referred to taxation. In some cases, where taxation is obviously the proper course, the bill is referred to taxation in the first instance. (b) Now the masters of the Supreme Court acting as taxing masters: R. S. C. 1883, Ord. LXI. r. 3. of sect. 27 of c. 41. Section twenty-seven (a) of "The Charitable Trusts Amendment Act, 1853," shall be construed and operate as if the words 16 & 17 Vict. "and the trustees of the charity shall be legally autho- . 137. rized to purchase and hold such land" had been omitted therefrom; and incorporated trustees of any charity shall Incorporated be competent to purchase and hold lands for the purposes purchase trustees may lands under mentioned in the same section without licence in mort- that section main (b). (a) Ante, p. 493. without licence. Sect. 41 (b). Deeds, &c. relating to (b) As in the case of purchases under sect. 35 of this Act, so also in this case the conveyance must satisfy the requirements of Part II. of the Mortm. and Charit. Uses Act, 1888. 42. Any deed, will, or document relating to any charities may charity may be enrolled by the Board in books to be be enrolled at copies to be evidence. the office, and provided and kept by them for that purpose at their office, and a copy of any such deed, will, or document made from such books, and certified under the hand of the secretary (a) or one of the Commissioners, shall be received as evidence of the contents of the same deed, will, or document. Construction of sects. 55 and 59 of 16 & 17 Vict. c. 137. Provisions as to the annual returns of accounts by trustees of charities. (a) Or any officer authorized by the Board to act on behalf of the secretary: Charit. Trusts Act, 1887, s. 3, post. 43. The fifty-fifth (a) and fifty-ninth (b) sections of the principal Act shall be construed and operate as if the words "the office of the Board" had been inserted therein in the place of the words "the office in London of the Registrar of County Courts Judgments." (a) Ante, p. 516. (b) Ante, p. 519. 44. Section sixty-one of "The Charitable Trusts Act, 1853," except so much thereof as enacts that the trustees or persons acting in the administration of every charity shall, in books to be kept by them for that purpose, regularly enter or cause to be entered full and true accounts of all money received and paid respectively on account of such charity, shall be repealed as to all accounts which such trustees or administrators shall not have been bound to render before the passing of this Act; and (a) the trustees or administrators of every charity shall, on or before the twenty-fifth day of March, one thousand eight hundred and fifty-six, prepare and make out and transmit to the Board an account of the endowments then belonging to the charity, showing in the case of realty not in hand the manner in which the wardens, &c., same is let or occupied, and in the case of personalty the Copies of accounts to be |