Sect. 7. Interpreta- Short title. Extent of Act. societies of the Church of Rome bound by monastic or religious vows (a). (a) For the provisions of this Act, see ante, p. 20, n. (c); and see Sims v. Quinlan, 17 Ir. Ch. R. 43, and other cases cited ante, p. 24, n. (z). 8. In the construction of this Act, except where the context or other provisions of this Act shall require a different construction, the expression "charity" herein contained shall be construed to mean and include the same matters and things as the like expression means and includes in the "Charitable Trusts Act, 1853" (a). (a) Sect. 66, ante. 9. This Act may for all purposes be cited as "The Roman Catholic Charities Act." 10. This Act shall be confined in its operation to England and Wales. THE CHARITABLE TRUSTS ACT, 1862. 25 & 26 VICT. c. 112. An Act for establishing the Jurisdiction of the Charity Commissioners in certain Cases (a). [7th August, 1862.] WHEREAS by the Acts relating to the Charity Commissioners for England and Wales authority has been given to the Commissioners to make orders for various purposes in charity cases upon summary application, and particularly in relation to the appointment and removal of trustees, and the sale, exchange, leasing, and improvement of the property of charities: and whereas in various private Acts of Parliament and decrees and orders of the High Court of Chancery relating to charities such powers and authorities are often given or reserved, with directions that the same shall be exercised by the said Court, or with its sanction or approbation, and doubts are entertained whether in such cases the authority given to the Charity Commissioners can be validly exercised: Be it therefore enacted and declared by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal; and Commons, in this present Parliament assembled, and by the authority of the same, as follows: in any Act of order of the 1. No provision contained in any such Act of Parlia- No provision ment or decree or order as aforesaid for the appointment Parliament or or removal of trustees of any charity, or for or relating Court of to the sale, exchange, leasing, disposal, or improvement Chancery reof any property, by or under the order or with the any charity approval of the Court of Chancery, shall (in the absence any jurisdic lating to to exclude tion which Sect. 1. wise be exer of any express direction to the contrary, to be contained might other in any future Act of Parliament, order, or decree,) exclude or impair any jurisdiction or authority which might otherwise be properly exercised for the like purposes by the Charity Commissioners for England and Wales (b). cised by the Charity Commissioners. (a) This Act may be cited as the Charit. Trusts Act, 1862: Charit. Trusts Act, 1869, sect. 3, post. (b) See Charit. Trusts Act, 1853, ss. 21, 24, ante, and Charit. Trusts Act, 1860, s. 2, ante. This section applies also to decrees and orders of the High Court of Justice relating to charities: Jud. Act, 1873, s. 16. THE CHARITABLE TRUSTS ACT, 1869. 32 & 33 VICT. c. 110. An Act for amending the Charitable Trusts Acts. [11th August, 1869.] WHEREAS doubts have arisen respecting the construction of some provisions of the Charitable Trusts Acts, and it is expedient to remove such doubts and otherwise to amend those Acts: Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: Preliminary. 1. This Act may be cited as "The Charitable Trusts Short title. Act, 1869." 2. This Act shall not extend to Scotland or Ireland. Extent of construed c. 137. c. 124. c. 136. 3. This Act, so far as is consistent with the tenor Act to be thereof, shall be construed as one with the Charitable with Trusts Act, 1853, the Charitable Trusts Amendment 16 & 17 Vict. Act, 1855, and the Charitable Trusts Act, 1860, and the 18 & 19 Vict. Act of the session of the twenty-fifth and twenty-sixth 23 & 24 Vict. years of the reign of her present Majesty, chapter one 25 & 26 Vict. hundred and twelve, "for establishing the jurisdiction of the Charity Commissioners in certain cases" (which may be cited as the Charitable Trusts Act, 1862), and those Acts, together with this Act, may be cited as the Charitable Trusts Acts, 1853 to 1869 (a). (a) The Charit. Trusts Act, 1887, is construed as one with the Charit. Trusts Acts, 1853 to 1869, and all of them may be cited together as the Charit. Trusts Acts, 1853 to 1887: Charit. Trusts Act, 1887, s. 1, post. c. 112. Mode of application to Board. Powers of 4. A notice under section three of the Charitable Trusts Act, 1860 (a), need not be sent by the Board of Charity Commissioners for England and Wales to any trustee or administrator of a charity who has been party or privy to the application to the Board upon which they exercise their jurisdiction. (a) Ante, p. 564. 5. An application to the Board of Charity Commissioners for England and Wales, for the purposes of the Charitable Trusts Acts, 1853 to 1869, when made by the trustees or persons acting in the administration of the charity (a), may be made in writing signed by any person authorized in that behalf by a resolution passed by a majority of those trustees or persons who are present at a meeting of their body duly constituted and vote on the question. (a) Charit. Trusts Act, 1853, ss. 16, 21, 23, 24, 25, 54; Charit. Trusts Amend. Act, 1855, ss. 22, 33; Charit. Trusts Act, 1860, ss. 2, 4. 6. The Board shall be deemed to have and to have application. always had power in any order made upon an application to them, for the exercise of their jurisdiction under the Charitable Trusts Acts, 1853 to 1869, to insert in the order any incidental provisions which they think expedient for carrying into effect the substantial objects of the application, and which they would have had power to insert if such provisions had been included in the application. Notice of order. c. 136, s. 6. 7. Nothing in the Charitable Trusts Acts, 1853 to 23 & 24 Vict. 1869, shall be deemed to require or to have required the Board, upon modifying a proposed order in manner provided by section six of the Charitable Trusts Act, 1860 (a), after the publication thereof, to give public notice of such modified order in the manner provided by that section with respect to the order originally proposed, unless they think further notice desirable. (a) Ante, p. 566. |