Sect. 39. the order of the Commissioners under their seal directing the same, and the proceeds of every such sale shall be paid to the Official Trustees of Charitable Funds (a) and invested in their names in Government or parliamentary securities. Temporary restriction of powers of Charity Commissioners, Court, &c. Persons acquiring passing of Act to be subject to schemes. (a) See note (a) to sect. 51 of the Charit. Trusts Act, 1853, ante, p. 514. 40. During the continuance of the power of making schemes under this Act (a), no Court or judge shall, with respect to any charity property or endowment which can be dealt with by a scheme under this Act, make any scheme or appoint any new trustees without the consent of the Commissioners. (a) See sect. 4, ante. 41. Every interest, right, privilege, or preference, or interest after increased interest, right, privilege, or preference, which any person may acquire after the passing of this Act in or relative to any charity or endowment which can be dealt with by a scheme under this Act, or in the govern ing body thereof, or as member of any such governing body, or in or relative to any office, place, employment, pension, compensation, allowance, or emolument in the gift of any such governing body, or paid out of the funds of any such charity or endowment, shall be subject to the provisions of any scheme made under this Act; and the governing body of any such charity or endowment shall not, during the continuance of the power of making schemes under this Act, begin to build, rebuild, alter, or enlarge any buildings connected therewith, except with the written consent of the Commissioners or under the directions of such a scheme; and no moneys arising from any such charity or endowment shall after the passing of this Act be applied to the payment of any poor rate or other rate or public charge whatsoever, or to the payment to any parish official of any salary or remuneration, except so far as he may be entitled to receive the same in respect of duties actually performed in connexion with the services of the church, or of Sect. 41. notices (a). 42. Notices and documents required to be served on Service of or sent to a governing body or vestry clerk for the purposes of this Act may be served or sent by being left at the office, if any, of such governing body or vestry clerk, or being served on or sent to the chairman, secretary, clerk, or other officer of such governing body, or if there is no office, chairman, secretary, clerk, or other officer, or none known to the Commissioners (after reasonable inquiry), by being publicly advertised in such newspapers as the Commissioners shall think fit, or by being served upon such person or persons and in such manner as the Commissioners shall in their discretion think best calculated to give proper notice to the persons concerned with the management of the endowment dealt with by the scheme. (a) See also next section. post. 43. Notices and documents required to be served or Service by sent for the purposes of this Act may be served or sent by post, and shall be deemed to be served and received at the time when the letter containing the same would be delivered in the ordinary course of the post; and in proving such service or sending it shall be sufficient to prove that the letter containing the notices or documents was properly addressed and put into the post office. 44. The salaries paid and expenses incurred in carry- Expenses of ing into effect this Act shall in the first instance be carrying out defrayed out of moneys to be provided by Parliament, but shall be ultimately repaid to the Commissioners of her Majesty's Treasury out of the sums carried over to a separate account as hereinbefore directed (b). The T. 3 A Sect. 44. Commissioners (c) shall determine, by orders under their seal, in what proportions such salaries and expenses are to fall upon the several sums so carried over under each scheme, having regard to the respective values of the endowments dealt with by such schemes respectively. If there shall be any surplus of the sums so carried over as aforesaid under each such scheme after making such repayment, such surplus shall form part of the endowments the application whereof is prescribed by each such scheme. If there shall be any deficiency, such deficiency shall be made up to the Commissioners of her Majesty's Treasury by the new governing body hereinafter constituted (d) out of the funds under their management and control. Requisitions, &c. to be under seal. Orders to be subject to Charitable Trusts Acts. Commissioners to report to be laid before Parliament. (a) Orders under this section are to be included in the annual report to Parliament: sect. 47 of this Act, infra. (b) Sect. 12, sub-s. (b), ante. (c) The Charity Commissioners: sect. 2, ante. 45. All requisitions and directions made by the Commissioners under the authority of this Act shall be made by the order of the Commissioners under their seal. 46. All orders made by the Commissioners shall be enforceable by the same means and be subject to the same provisions as orders of the Board of Charity Commissioners under the Charitable Trusts Acts, 1853 to 1869 (a). (a) Charit. Trusts Act, 1853, s. 14, ante, p. 473; Charit. Trusts Amend. Act, 1855, s. 9, ante, p. 538; and Charit. Trusts Act, 1860, s. 20, ante, p. 574. 47. The report of the Commissioners made under make annual section sixty of the Charitable Trusts Act, 1853 (a), shall describe the proceedings of the Commissioners under this Act during the year preceding the thirty-first day of December then last past, and there shall be annexed to such report copies of the schemes approved by her Majesty in Council under this Act during such year, de and of any orders made by the Commissioners during Sect. 47. such year under the forty-fourth section of this Act. ment of new body for funds. 48. There shall be established a new governing body Establishunder this Act, which shall be called "The Trustees of governing the London Parochial Charities," and shall be a body management corporate, with perpetual succession and a common seal. of charity Such new governing body shall administer the property hereinbefore (a) directed to be placed by schemes to be framed by the Commissioners under its administration and management, and shall consist of twenty-one persons, of whom five shall be nominated by the Crown, four by the Corporation of the City of London, and the remainder (four of whom shall, in the first instance, be chosen from among the persons who are now trustees of the parochial charities of the City of London) in such manner or by such persons or bodies as the Commissioners shall by scheme provide, regard being had by them to the interests of the various classes of the community who are or may hereafter be interested in the charity property to be administered by such new governing body. Each member shall hold office for six years, but shall be re-eligible. Every member who shall not have attended a meeting for the period of two years shall vacate his office, but shall be re-eligible. (a) See sect. 14, sub-ss. (b) and (c), and sects. 16, 17, 20, ante. sioners to lations for 49. The Commissioners shall by a scheme make regu- Commislations prescribing the time and manner of the nominating make reguor electing of the members of the new governing body nomination of and regarding the vacating of their office by a certain members of number of the first members thereof, so as to provide body, &c. that some of them shall vacate their office at the end of two, others at the end of four, and the rest at the end governing Sect. 49. of six years, and with respect to the filling up of vacancies arising from death or resignation, and generally with respect to the constitution of the new governing body, and the conduct by it of its business, and the making by it of regulations or byelaws, whether varying or merely subsidiary to the rules and regulations made by the Commissioners. The Commissioners shall also fix the date upon which the functions and powers of the new governing body shall commence. Schemes to contain no any religious 50. In all schemes framed under this Act affecting preference for general charity property which is not expressly limited, denomination. by the deed of foundation, to spiritual purposes of any religious denomination no preference shall be shown to any person on account of membership of any church, nor shall conformity to any church be made the condition of enjoying any benefits, nor shall it be made a condition in appointing a master or mistress to any school founded or reformed under this Act, that he or she shall be a member of any church, nor shall endowments under this Act be attached to any institution, admission to which, or to the governing body of which, is limited to the members of any denomination. Costs of Parliamentary to be determined by Commissioners. 51. The Commissioners shall ascertain what costs, proceedings charges, and expenses have been reasonably incurred by the existing trustees of the City Parochial Charities, or of them, in relation to this Act, or the Bills of similar any name in the sessions of 1881 and 1882 (a), and shall direct the new governing body (b) to pay to such trustees, or any two of them, to be chosen for that purpose by the Commissioners the amount of the costs, charges, and expenses so incurred as aforesaid out of the first moneys which shall come to their hands or be placed at the disposal of the said governing body. (a) See ante, p. 452. (b) Sects. 48 and 49, ante. ! L |