(c) The provisions of this sub-section have been found to be unworkable, it being impossible to let land for cultivation profitably upon such terms: sce Rep. of Select Committee of 1884, p. v.

Sect. 13 (c).

allotments in

Charity Com

14. Where a scheme is made by the Charity Commis- Provision for sioners (a) after the passing of this Act (b) in relation to scheme of any charity, and part of the endowment of such charity missioners. consists of land other than buildings and the appurtenances of buildings, the Charity Commissioners shall insert in such scheme a provision authorising the trustees of the charity to set apart portions of the said lands for allotments, and the same may be set apart and let as allotments in like manner as is directed by this Act (c).

(a) I.e., under their ordinary jurisdiction: Charit. Trusts Act, 1860, s. 2,

ante.

(b) 18th August, 1882.

(c) The form of clause inserted in pursuance of this section will be found in App. II. to this Book, Scheme No. I. clause 36.

impair

15. Nothing in this Act contained shall be taken to Act not to impair or alter any powers conferred on the trustees of powers conany charities or the Charity Commissioners by the ferred by Endowed Schools Acts or the Acts amending the same (a).

(a) No inference can be drawn from this section that powers conferred upon the Charity Commissioners by the Charit. Trusts Acts or other Acts (not being the End. Schools Acts) are intended to be taken away: Parish of Sutton to Church, 26 Ch. D. at p. 179.

Endowed

Schools Acts.

SCHEDULE.

Regulations as to Public Notices and Lettings.

1. Public notice, for the purposes of this Act, shall be given by fixing the notice on the doors of the church of the parish in which the land referred to in the notice is situate, and if there is no church, then on some public building or conspicuous place therein.

2. Public notice of the setting apart under this Act of a field or portion of land shall be given in the month of February, or such other month as the trustees may fix, and the first notice shall be given in the said month next after the passing of this Act, and if not so given shall be given as soon as may be afterwards, at such time as may be fixed by the trustees, or, in case of their default, by the County Court judge for the district in which the land is situate, or by the Charity Commissioners.

3. The public notice of the intention to let an allotment out of land when set apart shall specify the amount of land to be let, and the rent per acre or rod to be paid, and the place and time at which applications are to be made, and shall be given annually in the month of June, or in such other month as may be fixed by, or in pursuance of, rules under this Act: Provided that in any year in which there will be no allotment vacant out of land already set apart, it shall not be necessary to give such notice.

4. The first public notice of the intention to let an allotment shall be given in the month of June next after the trustees obtain possession of the allotment, or at such other time, not more than one month later, as may be fixed by or in pursuance of rules under this Act; and, if not so given, shall be given at such time as may be fixed by the County Court judge for the district in which the land is situate, or by the Charity Commissioners.

5. The time for applications for allotments out of land when already set apart shall be the month of August, or such other month as may be fixed by or in pursuance of rules under this Act.

6. The allotments shall be let to persons in the order in which they apply, or in accordance with such other order as may be provided by rules under this Act, so that there shall be no undue preference shown as regards the persons to whom they are let.

7. Each allotment shall be let on a yearly tenancy beginning at Michaelmas day, or at such other day as may be fixed by or in pursuance of rules under this Act.

ALLOTMENTS ACT, 1887.

50 & 51 VICT. c. 48.

An Act to fucilitate the provision of Allotments for the
Labouring Classes.
[16th September, 1887.]

[This Act enables the urban and rural sanitary authorities to provide allotments and common pastures for labourers, and gives them compulsory powers of acquiring land for that purpose.]

allotment

trustees to

sanitary

8 & 9 Vict.

13. (1.) The allotment wardens under the Inclosure Power for Act, 1845 (a), and the Acts amending the same, having wardens or the management of any land appropriated under the said allotment Acts either before or after the passing of this Act for transfer to allotments or field gardens for the labouring poor of authority. any place, may by agreement with any sanitary c. 119. authority within whose district such place is wholly or partly situate, transfer the management of such land to the sanitary authority, upon such terms and conditions. as may be agreed upon with the sanction, as regards the said allotment wardens, of the Land Commissioners for England, and thereupon such land shall vest in the sanitary authority.

c. 80.

(2.) All trustees within the meaning of the Allotments 45 & 46 Vict. Extension Act, 1882, required or authorized by that or any other Act to let lands in allotments to cottagers, labourers, journeymen, or others in any place may, if they think fit, in lieu of letting such land in manner provided by the said Acts, sell or let such land to the sanitary authority of the district in which such place is wholly or partly situate, upon such terms as may be agreed upon, with the sanction, as regards the said trustees, of the Charity Commissioners for England and Wales.

(3.) The provisions of this Act shall apply to land vested in the sanitary authority under this section, in like manner as if it had been acquired by the sanitary authority under the general powers of this Act.

(a) See note (a) to sect. 3 of the Allotments Extension Act, 1882, ante.

Short title.

Appointment of Commissioners.

16 & 17 Vict. c. 137.

CITY OF LONDON PAROCHIAL CHARITIES

ACT, 1883.

46 & 47 VICT. c. 36.

An Act to provide for the better application and management of the Parochial Charities of the City of London.

[20th August 1883.]

WHEREAS it is desirable to make provision for the better application and management of the parochial charities of the City of London:

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 present Parliament assembled, and by the authority of the same, as follows:

1. This Act may be cited as the City of London Parochial Charities Act, 1883 (a).

(a) With regard to the circumstances which led to the passing of this Act, see ante, pp. 461, 462.

I.-Appointment and Powers of Commissioners.

2. The Charity Commissioners for England and Wales (hereinafter called the Commissioners) shall be Commissioners under this Act and have the following powers for the purposes thereof, viz.:

(1.) Power to exercise, without application, any of the powers vested in them by the Charitable Trusts Act, 1853, and the Acts amending the same (a): (2.) The like power, jurisdiction, and authority to summon or order persons (b) to give evidence,

or bring, produce, or give inspection of docu-
ments, and to administer oaths, and to take
affidavits and declarations, and to enforce their
orders or directions, and generally all such
power, jurisdiction, and authority as might be
exercised by the High Court of Justice if the
matters and questions referred to them had
come before that Court, and in relation to the
taking of oaths and the making of affidavits and
declarations the proceedings before them shall
deem (sic) to be judicial proceedings:

(3.) Power to determine whether any property is or is
not charity property subject to the powers of
this Act (c).

(a) See particularly Charit. Trusts Act, 1860, s. 2 (ante, p. 558), and the following sections. The amending Acts are the Charit. Trusts Amend. Act, 1855, and the Charit. Trusts Acts, 1860, 1862, 1869, and 1887.

Sect. 2.

(b) Including bodies of persons, corporate or unincorporate: sect. 53, post. (c) Any property held for the benefit of a parish is charity pro- Charity property within this Act. Thus, a piece of land vested in trustees under an perty. Act of Parliament for the purpose of building a workhouse, it being provided that the land should be held for the use and benefit of the parish," was held to be charity property: Re St. Botolph Without Bishopsgate Parish Estates, 33 Ch. D. 142; and see Re St. Alphage, London Wall, 59 L. T. N. S. 614. So also an advowson and vicarage held upon trust for the benefit of the parish: Re St. Stephen, Coleman Street, 39 Ch. D. 492. See further as to what is charity property, ante, pp. 13, 14, and Att.-Gen. v. Eastlake, 11 Hare, 205; Att.-Gen. v. Blizard, 21 Beav. 233; Att.-Gen. v. Webster, L. R. 20 Eq. 483, and other cases there cited.

It, of course, makes no difference that there has been no express trust, but Usage. that the existence of the charitable trust is inferred from usage: Re St. Alphage, London Wall, 59 L. T. N. S. 614; Re Parish of St. Nicholas Acons, 60 L. T. N. S. 532. And where there had been consistent usage for 300 years, it was held to be immaterial that the property had formerly been consecrated ground: Re St. Alphage, London Wall, supra.

The fact that by an old statute the land was vested in the parson, churchwardens, and parishioners as a corporation was also immaterial, for it was vested in them not beneficially but upon trust: Re St. Alphage, London Wall, supra.

A person dissatisfied with the decision of the commissioners may apply to Appeal. the High Court of Justice: sect. 10, post.

3. Her Majesty and her successors may at any time Appointment after the passing of this Act, by warrant under her Charity Com

of additional

missioners.