Sect. 15 (a)—(ƒ). Scheme establishing chapel. Providing new chapel. Invalid the model deed, by reference to which the trusts are declared, contains ex- Where the chapel belongs to a denomination which has a model deed (see As a rule, an order authorizing the sale of a chapel, and the erection of a new one, is not made unless it is satisfactorily shown that the funds required for the erection of the new chapel will be forthcoming. Similarly, in the case of a mortgage, it is usually required to be shown that funds will be forthcoming to pay off the debt within thirty years. The new chapel must of course be settled on the same trusts as the old one, except as regards matters which do not form an essential part of the trusts, such as provisions as to management, appointment of ministers, and so forth, which may be varied as circumstances require: see ante, p. 249. Any invalidity in the appointment of trustees of a chapel may often be appointment rectified by an order appointing trustees under this section. (b) Charit. Trusts Act, 1860, s. 2, ante. of trustees rectified. Assent of majority of trustees required. Treasury to Scale to be laid before Parliament. (c) Ibid., and Charit. Trusts Amend. Act, 1855, s. 37, ante. (d) Charit. Trusts Amend. Act, 1855, sects. 12, 22, and 37; Charit. Trusts Act, 1860, ss. 2 and 12. (e) Charit. Trusts Act, 1860, s. 2. (f) See sect. 5, ante. The Charity Commissioners hold that they have no power to act upon an application under this section, except with the assent of a majority of the trustees or persons acting in the administration of the charity: see sect. 4 of the Charit. Trusts Act, 1860, ante. 16. The Lords Commissioners of Her Majesty's Treasury may from time to time prescribe a scale of fees to be charged for any business done by the Board under this or any other Act, and may direct whether the same shall be imposed by stamps or otherwise, and by whom and in what manner the same shall be collected, accounted for, and appropriated; and before any such fees shall be taken or received by the said Charity Commissioners every such scale of fees shall be published in the London Gazette. The scale of fees shall be laid before both Houses of Parliament within thirty days after the same has been so prescribed if Parliament is then sitting, and if not, within thirty days after the Sect. 16. then next meeting of Parliament; and if any such scale shall be disapproved of by both Houses of Parliament within one month after the same shall have been so laid before Parliament, such fees or such parts thereof as shall be disapproved of shall not be charged by the Board (a). (a) No scale of fees has ever been fixed under this section. The services of the Charity Commissioners have always been rendered gratuitously to the charities, the cost of the Commission being borne by the State. It has often been felt that the expense of superintending the charities of the country ought to be borne by the charities themselves, or, at least, that it ought to be shared by them. The difficulty has, however, been to frame a scale of charges which should not, from their amount or their incidence on particular proceedings, impede or discourage charity trustees from having recourse to the Board. Correspondence on the subject passed between the Treasury and the Charity Commissioners between the years 1868 and 1879, and a scale of fees was framed by the commissioners upon the lines considered by them to be least likely to interfere with the beneficial carrying on of their work. No decision was, however, arrived at. In 1879 a Bill, known as the Charity (Expenses and Accounts) Bill (No. 2), 1879, was introduced into Parliament, by which it was proposed to charge on every charity whose accounts are required by law to be annually transmitted to the Board a stamp duty of one per cent. on the gross income. But the Bill failed to become law. 17. The enactments described in the schedule to this Repeal. Act are hereby repealed; provided that, (1.) This repeal shall not affect anything already done or suffered, or any right acquired or order made, under such enactments: (2.) Any proceedings already commenced under the enactments hereby repealed shall be proIceeded with in the same manner as if this repeal had not been made. Short title. Appointment of assistant commissioners. THE CHARITABLE TRUSTS ACT, 1887. 50 & 51 VICT. c. 49. An Act to amend the Charitable Trusts Acts, 1853 to 1869, so far as respects the officers of the Charity Commissioners for England and Wales and the Official Trustees acting under those Commissioners. [16th September 1887.] 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: 1. This Act may be cited as the Charitable Trusts Act, 1887, and shall be construed as one with the Charitable Trusts Acts, 1853 to 1869 (a), and, together with those Acts, may be cited as the Charitable Trusts Acts, 1853 to 1887. (a) These are the Charit. Trusts Act, 1853, the Charit. Trusts Amend. Act, 1855, and the Charit. Trusts Acts, 1860, 1862, and 1869. See sect. 3 of the Act of 1869, ante. 2.-(1.) The Charity Commissioners for England and Wales (in this Act referred to as "the Board" (a)) may from time to time, with the approval in each case of the Commissioners of her Majesty's Treasury (in this Act referred to as the Treasury), appoint assistant commissioners, and may remove any such assistant commissioner. (2.) The number and salaries of the assistant commissioners under this Act shall be such as the Treasury may from time to time sanction. (3.) Each assistant commissioner under this Act shall have the same powers as an inspector under the Charitable Trusts Acts, 1853 to 1869 (b), and the sections of the Charitable Trusts Acts, 1853 to 1869, specified in the First Schedule to this Act, shall have effect as if "assistant commissioner" or "assistant commissioners " were therein substituted for "inspector" or "inspectors," as the case may be, and each assistant commissioner acting under the authority of the Board may exercise the said powers for any purpose of or incidental to any duties imposed on the Board by Parliament under any present or future Act. (4.) The power of appointing inspectors under the Charitable Trusts Acts, 1853 to 1869, shall cease (c). (a) Any two of the commissioners may form a Board: Charit. Trusts Act, 1853, s. 6, ante. (b) As to the powers of inspectors, see Charit. Trusts Act, 1853, ss. 9-12, 14, 15, 19, 23, 54, 56–58; Charit. Trusts Amend. Act, 1855, ss. 6-8; Charit. Trusts Act, 1860, s. 6; Charit. Trusts Act, 1869, s. 9. (c) This power was conferred by sect. 1 of the Charit. Trusts Act, 1853, ante, and sect. 3 of the Charit. Trusts Amend. Act, 1855, ante. The latter section is repealed by sect. 6 of this Act, and the former section is, as far as it relates to "inspectors," repealed by the same section. Sect. 2. absence of secretary. 3. The signature of any officer of the Board (a) Provision for (whether assistant secretary or other) who for the time being is authorized by an order of the Board signed by two Commissioners, to act on behalf of the secretary of the Board shall, for all purposes of the Charitable Trusts Acts, 1853 to 1869 (b), or any other enactment, be as valid as the signature of the secretary; and a reference in any enactment (c) to the signature of the secretary shall include a reference to the signature of such officer, and any document signed by an officer expressed to be so authorized shall be received in evidence without proof of the authority. (a) The Charity Commissioners: see last section. (b) See note (a) to sect. 1 of this Act, ante. (c) See Charit. Trusts Act, 1853, ss. 8, 17, 27; and Charit. Trusts Amend. Act, 1855, ss. 4, 5, 21, 42. T. Q Q Sect. 4. of Charitable 4.-(1.) From and after the date fixed by a regulaAmendment tion (a) under this section, such officers of the Board (6) as the Board with the approval of the Treasury from time to time appoint shall, in lieu of the persons mentioned in the Charitable Trusts Amendment Act, 1855 (c), be the Official Trustees of Charitable Funds (d); Trusts Acts Provided that any inspector or officer of the Board, who at the passing of this Act is Official Trustee of Charitable Funds, and is not, after the passing of this Act, appointed to be official trustee shall, while he continues to hold his inspectorship or office, receive not less salary than he received while official trustee. (2.) From and after the said date, notwithstanding anything in the Charitable Trusts Acts, 1853 to 1869 (e), the Treasury may, by regulations to be made or approved by them (a), from time to time prescribe: (a) the accounts to be kept by the said official trustees and the mode in which and the persons by whom such accounts and the banking accounts (ƒ), and any other accounts (g) required by the Charitable Trusts Acts, 1853 to 1869, to be kept by or on behalf of the Official Trustees of Charitable Funds, are to be kept; (b) the mode in which orders authorized by law for the payment of any money (h) to or by the said official trustees or held upon their banking account, or for the transfer of any stock or securities (i) to or by the said official trustees, are to be signed, authenticated, and carried into effect; and (c) the mode in which the business of the said official trustees generally is to be conducted: Provided that separate accounts shall continue to be kept for each charity (j). (3.) The accounts of the said official trustees shall be audited by such person and in accordance with such regulations as the Treasury from time to time appoint or prescribe. |