Sect. 12. annuities, stock, or securities, may empower them also to to receive arrears of receive and recover, in trust for the charity to which the dividends (a). same shall belong, all dividends, interest, and income accrued from any such annuities, stock, or securities respectively, and which shall for the time being be in Power for justices to give posses sion of school buildings and property held over by officers or recipients of charities. arrear. (a) As to the official trustees of charitable funds, see note (a) to sect. 51 of the Charit. Trusts Act, 1853, ante. (b) See sect. 2 of this Act, ante. (c) Charit. Trusts Amend. Act, 1855, s. 12, ante. (d) Charit. Trusts Act, 1853, s. 51, ante. 13. Where any schoolmaster or mistress or other officer, or any recipient of the benefit of a charity, being in possession by virtue of his or her office, or as such recipient, of any house, buildings, land, or property of the charity, shall have been removed from or shall cease to hold such his or her office, or his or her place as such recipient, but he or she, or any person claiming under him or her, shall refuse or neglect to relinquish the possession of such house, buildings, land, or property within one calendar month next thereafter, to his or her successor, or to the trustees or persons acting in the administration of the charity, or as they shall direct, it shall be lawful for any two or more justices of the peace acting for the district, division, or place in which such house, buildings, land, or property shall be situate, in petty sessions assembled, and they are hereby required, on the complaint of the said trustees or administrators, and on the production of an order of the said Board certifying such schoolmaster or mistress or other officer or recipient to have been duly removed from or to have ceased to hold his or her office or place, (which order under the seal of the said Commissioners shall be conclusive evidence of the facts thereby certified, and of the jurisdiction of the said Commissioners to make such order for all the purposes of this enactment, and shall afford a complete indemnity to all persons acting thereunder,) to issue a warrant under the hands and seals of such justices to any constables or peace officers of the Sect. 13. same district, division, or place, commanding them, within a period to be thereby appointed, not being less than ten or more than twenty-one clear days thereafter, to enter into the premises, and deliver possession thereof to the said trustees or administrators, or their nominee or agent, and to remove therefrom such former schoolmaster or mistress, or other officer or recipient, and all persons claiming in his or her right, as fully and effectually, and subject to the same provisions, as nearly as the case will permit, as justices of the peace are empowered to give possession of any properties to the landlord or his agent upon the determination of the tenancy thereof, under an Act passed in the first and 1 & 2 Vict. second years of the reign of her Majesty, chapter seventy-four, for facilitating the recovery of possession of tenements after the determination of the tenancy (a). (a) See sect. 22 of the Charit. Trusts Act, 1853, ante, and sect. 2 of the present Act, and note (i) thereto, ante. Sect. 18 of 4 & 5 Vict. c. 38, also contains provisions enabling justices of the peace or sheriffs to give possession of schoolrooms, schoolhouses, or otherwise (except in the case of a grammar school), where a schoolmaster or schoolmistress, after having been dismissed, refuses to quit or deliver up possession. c. 74. mistresses of schools. 14. Every schoolmaster and mistress appointed after Removal of the date of this Act shall be removable from his or her masters and office, after reasonable notice by the trustees or persons acting in the administration of the charity, as they shall think expedient in the interests thereof, so nevertheless that the removal by virtue only of this provision of a master or mistress who would be otherwise irremovable from his or her office, shall be determined on by all or a majority of such trustees or administrators assembled at a meeting convened by due notice, delivered or sent by the post to all such trustees or administrators who shall have any known place of residence in Great Britain or Ireland, by the space of not less than twenty-eight days previously, for the special purpose of considering and Sect. 14. determining on the question of such removal, and of Extension of power of Board under c. 137, s. 21. 16 & 17 Vict. Purchase of land. which intended meeting a notice shall also be delivered or sent in like manner to the master or mistress by the same previous space, and so also that the resolution of the meeting for the removal of any such last-mentioned master or mistress shall be forthwith certified under the hands of the trustees or persons acting as aforesaid who shall have concurred therein, or under the hand of the chairman of the meeting, and shall within seven days next thereafter be transmitted to the said Board for their approval, and the same shall not take effect unless or until the same shall have been approved by the said Board, who may also, if they so think fit, fix the time or any reasonable conditions at or under which the same shall come into operation; if also there shall be any special visitor of the charity who shall be resident in Great Britain or Ireland, and free from incapacity,. no removal of any such last-mentioned master or mistress shall be made under the authority only of the preceding provision without the written consent of such visitor: Provided always, that this section shall not apply to any endowed grammar school. 15. The power vested in the said Board by the twentyfirst section of "The Charitable Trusts Act, 1853” (a), of authorizing the application of monies belonging to any charity, or to be raised on the security of the properties thereof, to the improvement of such properties, shall extend to authorize the application of any like monies to any other purpose or object which the Board shall consider to be beneficial to the charity or the estate or objects thereof, and which shall not be inconsistent with the trusts or intentions of the foundation. (a) Ante, p. 484. This section is wide enough to authorize the application of the funds of a charity in the purchase of land. See note (a) to sect. 27 of the Charit. Trusts Act, 1853, ante, p. 494. Most of the financial orders of the Board are made under this section, which gives full power to authorize dealings with capital which cannot be safely effected by trustees on their own responsibility. Sect. 15 (a). trustees to power estates. of 16. A majority of two-thirds of the trustees of any charity A majority of assembled at a meeeting of their body duly constituted, and have legal having power to determine on any sale, exchange, partition, dealing with mortgage, lease, or other disposition of any property of the the charity charity, shall also have a legal power, on behalf of themselves and their co-trustees, and also of the official trustee of charity lands, where his concurrence would be otherwise required, to do, enter into, and execute all such acts, deeds, contracts, and assurances as shall be requisite for carrying any such sale, exchange, partition, mortgage, lease, or disposition into legal effect, and all such acts, deeds, contracts, or assurances shall have the same legal effect as if the same were respectively done, entered into, or executed by all the acting trustees for the time being, and by the said official trustee (a). (a) Repealed by sect. 17 of the Charit. Trusts Act, 1869, sect. 12 of that Act being substituted. accountable for loss unless 17. No Official Trustee of Charitable Funds (a), ap- No official pointed under or in pursuance of the first or secondly recited trustee to be Act (b), shall be chargeable with or accountable for any trained loss or misapplication of the said charitable funds, or the by his own dividends, interest, or income thereof, unless the same shall have been occasioned by or through his own wilful neglect or default. (a) See Charit. Trusts Act, 1853, s. 51, ante. (b) The words in italics are repealed by sect. 6 of the Charit. Trusts Act, 1887, post. neglect. official trus laid Parliament. 18. The Official Tustees of Charitable Funds (a) shall Accounts of lay before Parliament annually, on or before the four- tees to be teenth day of February, or as soon as practicable after before Parliament shall be sitting, an account of the total amount of the capital stock, shares, and securities transferred to them in the year ending the thirty-first day of December preceding, and of the total amount of monies, other than dividends or interest, paid to them or to their account during the same period, and of the investment Sect. 18. thereof, and of the capital stock, shares, and securities Transmission of documents charities for thereof in the Vict. c. 137, s. 63 (semb. sold or re-transferred by them during the same period, 19. The Board (b) may require any person having belonging to the custody or control of any deed or document in which examination; any charity or charities shall be solely interested to and retention transmit the same to the office of the said Commissioners repository for examination; and where such deed or document provided under 16 & 17 shall not be held by any person entitled as a trustee or otherwise to the custody thereof, the Board may either retain the same, for the security thereof, in the repository provided by them under the sixty-third section (c) of "The Charitable Trusts Act, 1853," or, as they may think most advantageous to the charity, may thereupon, or at any time thereafter, return or issue the same to the trustees or persons acting in the administration of the charity, for the purposes thereof. s. 53) (a). Orders under this Act to be enforceable, &c. as orders under former Acts. Board to make * minutes. (a) See, also, sects. 9-14 of the Charit. Trusts Act, 1853, and sects. 6-9 of the Charit. Trusts Amend. Act, 1855, ante. (b) The Charity Commissioners sitting as a Board: Charit. Trusts Act, 1853, s. 66, ante. (c) This should be the 53rd section, ante. 20. All orders made by the said Board under the provisions of this Act shall be enforceable by the same means, and shall be subject to the same provisions, as are applicable under the Charitable Trusts Act, 1853, and the Charitable Trusts Amendment Act, 1855, respectively, to any orders of the said Board made thereunder (a). (a) See sect. 14 of the Charit. Trusts Act, 1853, and sect. 9 of the Charit. Trusts Amend. Act, 1855, ante. 21. The said Board shall from time to time make such minutes as shall be required relative to the institution and conduct of their proceedings under the jurisdiction created by this Act. |