Imatges de pàgina
PDF
EPUB

Sect. 13. have not been enrolled in proper time: Be it enacted, from

Definition of terms "pub

purposes,"

66
'trustees."

and after the passing of this Act, if the clerk of enrolments in Chancery for the time being shall be satisfied, by affidavit or otherwise, that the deed, assurance, or other instruments conveying or charging the hereditaments, estate, or interest for charitable uses was made really and bona fide for full and valuable consideration actually paid at or before the making or perfecting thereof, or reserved by way of rentcharge or other annual payment, or partly paid at or before the making or perfecting of such deed, assurance, or other instrument and partly reserved as aforesaid, without fraud or collusion, and that at the time of the application to the said clerk of enrolments possession or enjoyment is held under such deed, assurance, or other instrument, and that the omission to enrol the same in proper time has arisen from ignorance or inadvertence, or from the destruction thereof by time or accident, it shall be lawful for the said clerk of enrolments to enrol the deed, assurance, or instrument to which the application relates, or such a subsequent deed as in the said Act mentioned, as the case may be, and the same shall thereupon be enrolled accordingly, and such enrolment shall be as valid and effective for all purposes as if the same had been made under the authority of the said last-mentioned Act. Over and above the ordinary fee

payable upon the enrolment of any deed, assurance, or other instrument, there shall be paid upon the enrolment under this section of any deed, assurance, or other instrument, the further fee of ten shillings (a).

(a) This section is repealed by the Mortm. and Charit. Uses Act, 1888, ante. See further, ante, pp. 421 et seq.

14. The words "public charitable purposes " shall lic charitable mean all such charitable purposes as come within the meaning, purview, or interpretation of the statute of the forty-third year of Queen Elizabeth, chapter four(a), or as to which, or the administration of the revenues or property applicable to which, the Court of Chancery has or may exercise jurisdiction (b); and the word "trustees" shall include the governors, managers, or

other persons having the conduct or management of any Sect. 14. charity.

(a) See Chap. I., ante.

(b) See ante, pp. 88 et seq.

15. This Act may be cited for all purposes as "The Short title. Charitable Trustees Incorporation Act, 1872.”

SCHEDULE.

The objects of the charity and the rules and regulations of the same, together with the date of and parties to every deed, will, or other instrument, if any, creating, constituting, or regulating the same.

A statement and short description of the property, real and personal, which at the date of the application is possessed by or belonging to or held on behalf of such charity.

The names, residences, and additions of the trustees of such charity.

The proposed title of the corporation, of which title the words "trustees" or "governors" and "registered" shall form part.

The proposed device of the common seal, which shall in all cases bear the name of incorporation.

The regulations for the custody and use of the common seal.

Short title.

Power of
Charity
Commis-
sioners, on

application
of Secretary

of State, to

make scheme

respecting prison

charities.

THE PRISON CHARITIES ACT, 1882.

45 & 46 VICT. c. 65.

An Act to make provision respecting certain Prison Charities.
[18th August, 1882.]

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 Prison Charities Act,
1882.

2. Where the Charity Commissioners for England and Wales (in this Act referred to as the Charity Commissioners) would have power to make an order for the establishment of a scheme for the administration of a prison charity as hereinafter defined, if application for such scheme were made by the trustees or persons acting in the administration of the charity (a), such Commissioners shall also have power to make a like order upon the application of one of her Majesty's principal Secretaries of State in like manner as if he were the said 16 & 17 Vict. trustees, and the Charitable Trusts Acts, 1853 to 1869, shall apply accordingly.

c. 137, &c.

Provided that nothing in this Act shall authorize the making of a scheme upon the application of the Secretary of State in a case where the prison charity is applied for other purposes in pursuance of any special Act of Parliament (b).

For the purposes of this Act the expression "prison

[ocr errors]

charity" means a charity the endowment of which is applicable for the benefit of any prisoners, or for any purpose connected with any prisoners or prison, whether the prisoners be confined in or the prison be a common gaol, house of correction, or other place of confinement, and where the endowment of a charity is partly applicable for the purposes aforesaid and partly for other purposes, so much of the endowment as appears to the Charity Commissioners to be applicable for the aforesaid purposes shall be deemed to be a prison charity within the meaning of this Act.

(a) See Charit. Trusts Act, 1860, s. 2, ante.

Sect. 2.

This Act creates no new jurisdiction. The Charity Commissioners have Effect of Act. always had the same power to make schemes for prison charities as for all other charities. The effect of the present Act is merely to enable the Home Secretary to put the commissioners in motion. It does not, however, deprive the trustees of a prison charity of the right previously possessed by them to apply to the commissioners for a scheme. See further, ante, p. 459.

(b) The Queen's Prison Discontinuance Act, 1862 (25 & 26 Vict. c. 104), provided by sect. 13 that all charitable gifts and bequests applicable to the relief of the poor debtors or other prisoners in the Queen's Prison should be applied for the relief of discharged or other prisoners in England in such manner as might be settled by a judge of the Court of Chancery.

THE ALLOTMENTS EXTENSION ACT, 1882.

44 & 45 VICT. c. 80.

An Act for the Extension of Allotments.

[18th August, 1882.]

WHEREAS by an Act 2 William IV. cap. 42, the trustees of lands allotted under Inclosure Acts or otherwise appropriated for the benefit of the poor of any parish, together with the churchwardens and overseers of the poor in parish vestry assembled, are required to let portions of such lands in quantities of not more than one statute acre to any one individual, according to their discretion, as a yearly occupation from Michaelmas to Michaelmas, and at such rent as land of the same quality is usually let for in the said parish, to industrious cottagers of good character, being day labourers or journeymen legally settled in the said parish, or dwelling within or near its bounds:

And whereas the provisions of the said Act, from its limited application and other causes, have been only partially carried out :

And whereas it is expedient that having regard to the present poor law, the benefit thereof should be extended to all the irremovable poor, and that the same should be extended to all lands, whether cultivated or uncultivated, held for the benefit of the poor as hereinafter described, and that a summary remedy should be afforded (a):

Be it therefore 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

« AnteriorContinua »