Sect. 8. of order of irregularity. 8. The Board shall be deemed to have and to have always had power with or without any application to Discharge discharge, within twelve months after an order is made Board for by them, the whole or any part of order appearing any to have been made by them by mistake or on misrepresentation, or otherwise than in conformity with the Charitable Trusts Acts, 1853 to 1869. Every order made by the Board, in exercising their jurisdiction under the Charitable Trusts Acts, 1853 to 1869, shall, until discharged or varied by the Board or by the Court of Chancery on appeal under section eight of the Charitable Trusts Act, 1860 (a), have effect according to its tenor. Every order of the Board shall, subject to all powers which the Court of Chancery has to discharge or vary it, under section eight of the Charitable Trusts Act, 1860 (a), and subject to the power of the Board to discharge it wholly or partially for the causes mentioned in this section, be deemed to have been duly and formally made, and no objection thereto on the ground only of irregularity or informality shall be entertained. (a) Ante, p. 567. of persons and defend 9. The Board, if they think it desirable, where the Employment gross annual income of a charity is in their opinion to prepare sufficient to bear the expense, may, upon the application scheme (a). of the trustees (b) or of any other person or persons entitled to apply to them in that behalf, employ or may authorize the trustees or persons acting in the administration of such charity to employ skilled and competent persons to prepare any scheme, order, statement, or other proceeding for the purposes of the Charitable Trusts Acts, 1853 to 1869, with respect to such charity, or to make or assist in any survey or local inquiry with reference thereto, and may order the costs incurred under this section or upon any inquiry by an inspector (c), or in consequence of the employment of any person to appear on behalf of the respondent upon any Sect. 9. appeal against any scheme or order, to be provided in the same manner as if they were costs of a transaction mentioned in section thirty-six of the Charitable Trusts Act, 1855 (d). Appeals under c. 136. (a) With regard to the power of the Board to establish schemes, see Charit. Trusts Act, 1860, s. 2, ante. (b) As to the mode of application, see sect. 5 of this Act, ante. (c) Now "assistant commissioner": Charit. Trusts Act, 1887, s. 2, sub-s. (3), post. (d) Ante, p. 551. 10. A petition to the Court of Chancery under section 23 & 24 Vict. eight (a) of the Charitable Trusts Act, 1860, may be presented in the case of all charities by the same persons only as in the case of a charity the gross annual income of which does not exceed fifty pounds. (a) Ante, p. 567. The effect of this section is that no one except the Attorney-General, or a person authorized by him or by the Charity Commissioners, can in any case appeal against any of the orders mentioned in that section. Service of by appellant under sect. 8 of 23 & 24 Vict. c. 136, s. 8. Legal power of majority of trustees to deal with charity estates (a). 11. A petition shall not be presented to the Court of Chancery by any person under section eight of the Charitable Trusts Act, 1860 (a), before the expiration of twenty-one days after written notice under the hand of the appellant of his intention to present such petition has been served on the Attorney-General by delivering the same to the solicitor who acts for him in ex officio proceedings relating to charities. (a) Ante, p. 567. 12. Where the trustees or persons acting in the administration of any charity have power to determine on any sale (b), exchange (c), partition (d), mortgage (e), lease (ƒ), or other disposition of any property of the charity, a majority of those trustees or persons who are present at a meeting of their body duly constituted and vote on the question shall have and be deemed to have always had full power to execute and do all such assur ances, acts, and things as may be requisite for carrying Sect. 12. any such sale, exchange, partition, mortgage, lease, or disposition into effect, and all such assurances, acts, and things shall have the same effect as if they were respectively executed and done by all such trustees or persons for the time being and by the Official Trustee of Charity Lands (g). (a) This section is substituted for sect. 16 of the Charit. Trusts Act, 1860, which is repealed by sect. 17 of this Act. (b) As to sales, see ante, pp. 250 et seq., and sect. 24 of the Charit. Trusts Act, 1853, ante. (c) As to exchanges, see ante, pp. 267-270, and note (a) to sect. 24 of the Charit. Trusts Act, 1853, ante. (d) As to partitions, see ante, pp. 270, 271, and note (a) to sect. 23 of the Charit. Trusts Act, 1853, ante. (e) As to mortgages, see ante, pp. 271, 272, and note (c) to sect. 21 of the Charit. Trusts Act, 1853, ante. (f) As to leases, see ante, pp. 257 et seq., and sect. 21 of the Charit. Trusts Act, 1853, ante, and note (a) thereto. (g) See note (a) to sect. 24 of the Charit. Trusts Act, 1853, ante, p. 491. ceedings by 13. The majority of the trustees of any charity, if Legal proauthorized by the Board (a), may institute and main- trustees of tain any action, suit, petition, or other proceeding in the charities for same manner in all respects as if they were the sole of charity trustees of the charity. Where the trustees, or the majority of the trustees, of any charity, institute and maintain any action, suit, petition, or other proceeding under the authority of the Board, such action, suit, petition, or other proceeding shall not abate or become discontinued or of no effect by reason of the death or removal from office of any of the trustees, or of the addition of any new trustee, but shall continue and have effect for and against the trustees for the time being of the charity, in the same manner as if they were actually named therein (b). (a) The Charity Commissioners sitting as a Board: Charit. Trusts Act, 1853, s. 66, ante. As to when the sanction of the Board is required to legal proceedings, see Charit. Trusts Act, 1853, s. 17, ante. protection property, &c. (b) See R. S. C. 1883, Ord. XVII. r. 1, by which it is provided that "A Abatement. cause or matter shall not become abated by reason of the marriage, death, or Sect. 13 (b). Application by exempted charities to have benefit of Act. See 16 & 17 B. 3 (a). bankruptcy of any of the parties, if the cause of action survive or continue, and shall not become defective by the assignment, creation, or devolution of any estate or title pendente lite. . . ." 14. Either the trustees or the persons acting in the administration of any charity exempted from the operation of the Charitable Trusts Acts, 1853 to 1869, may Vict. c. 137, apply to the Board (b) to have the said Acts or any provisions thereof specified in the application extended to such charity: Such application shall be made by such of the said trustees or persons as having regard to the value of the charity might under the provisions of the said Acts, if the charity were not exempted therefrom, make an application for a scheme to any judge or court or to the Board, and shall be made in the same manner and according to the same regulations as such application (c). Who may apply. On any such application the Board may make an order directing that the said Acts or any provisions of them specified in the application shall extend, and such Acts or provisions shall thereupon after the date of the order extend to such charity in the same manner as if it were not exempted therefrom. Before making any order under this section the Board shall cause such notices of the proposed order to be given as by section three of the Charitable Trusts Act, 1860, as amended by this Act (d), and by section six of the same Act are required to be given before the making of an order for establishing a scheme (e). (a) This section is substituted for sect. 63 of the Charit. Trusts Act, 1853, ante, which is repealed by sect. 17 of this Act. As to the circumstances under which applications might have been made under the repealed section, see Hamilton v. Spottiswoode, 15 W. R. 118, cited ante, p. 529. Under sect. 43 of the Charit. Trusts Act, 1853, ante, those of the trustees or persons acting in the administration of a charity who may apply to a Court or judge, are in every case (whatever may be the income of the charity) "all or any one or more of the trustees or persons administering " the charity. Those of the trustees or persons acting in the administration of a charity who may apply to the Board, are the same as those who may apply to the Court (Charit. Trusts Act, 1860, s. 2, ante), except that in the case of charities having a gross annual income of 501. or upwards, the application must be made by "the trustees or persons acting in the administration of the charity or a majority of them." The conclusion seems to be that applications under the present section are to be made (1), where the income of the charity is less than 501., by "all or any one or more of the trustees or persons administering" the charity; (2) where the income amounts to 507. or upwards, by "the trustees or persons acting in the administration of the charity or a majority of them." (b) The Charity Commissioners sitting as a Board: Charit. Trusts Act, 1853, s. 66, ante. (c) See sect. 5 of this Act, ante. (d) Sect. 4, ante. Sect. 14 (a)—(e). intention to (e) Notice of the intention to make the order must accordingly be given in Notice of accordance with sect. 6 of the Charit. Trusts Act, 1860 (as to the mode in which such notice is usually given, see note (c) to that section, ante, p. 566), and a proper time allowed for objections and suggestions. make order. Extension of part of Acts to registered places of 15. So much of the Charitable Trusts Acts, 1853 to 1869, as authorizes and relates to orders of the Board for the appointment or removal of trustees of a charity (b), for or relating to the vesting of any real (c) or personal worship (a). estate (d) belonging thereto, or for the establishment of any scheme for the administration of any charity (e), shall extend to buildings registered as places of meeting for religious worship with the Registrar-General of Births, Deaths, or Marriages in England, and bonâ fide used as places of meeting for religious worship: Provided that no such order shall be made except upon the application of the trustees or persons acting in the administration of the charity, made in manner provided by section four of the Charitable Trusts Act, 1860, or by this Act (f). Save as provided by this section, such buildings shall continue exempted from the Charitable Trusts Acts, 1853 to 1869. (a) Buildings bona fide used as places of meeting for religious worship, and Places of duly registered, were, by sect. 62 of the Charit. Trusts Act, 1853, totally ex- religious worship. empted from the operation of the Charitable Trusts Acts (see note (b) to that section, ante, p. 524), and the only way in which, previously to the passing of this Act, the benefits of the Acts could be extended to them, was by petition to the Charity Commissioners under sect. 63 of the Act of 1853. The effect of the present section is to remove the exemption so far only as Lease, regards the matters specified in it. It will be noted that it does not expressly sale, &c. empower the commissioners to authorize an exchange, lease, sale, or mortgage of a registered place of worship. An authority of this kind can, however, be given under the jurisdiction conferred by the section to establish a scheme. It frequently happens, however, that the trust deed of a chapel, or |