The Law of Charities and Mortmain

Sect. 52.

52. Nothing in this Act shall apply to any endow ment or part of any endowment which, or the income Saving for whereof, is applicable, or is applied for the benefit of at Christ's Hospital. children maintained or educated by the Governors of Christ's Hospital, in the City of London, and presented thereto by any parochial authority in the City of London or otherwise.

endowments

of terms.

53. In this Act, unless the context otherwise re- Interpretation
quires-
The term "Metropolis" means the places for the time
being constituting the Metropolitan Police Dis-
trict (a), together with the City of London and the
liberties thereof:

The term "governing body" means any body corpo-
rate, persons, or person, who hold or holds, or who
have or has any power of control or management
over, any charity property or endowment dealt with
by this Act:

The term "endowment" means every description of
property, real, personal, or mixed, which is dedi-
cated to any such charitable uses as are referred to
in this Act, in whomsoever such property may
be
vested and in whosesoever name it may be standing,
and whether such property is in possession or rever-
sion, or a thing in action:

The term "Committee of Council on Education" means
the Lords of the Committee of her Majesty's Privy
Council on Education:

The term "" person

"includes any body of persons,

whether corporate or unincorporate.

(a) See 10 Geo. IV. c. 44, ss. 4, 34, 35, and Schedule; 2 & 3 Vict. c. 47,

s. 2; and 3 & 4 Vict. c. 84, ss. 2 and 5.

Act to be

54. This Act, so far as is consistent with the tenor thereof, shall be construed together with the Charitable together with Trusts Acts, 1853 to 1869.

construed

Charitable
Trusts Acts.

Sched. I.

SCHEDULES.

THE FIRST SCHEDULE.

Sects. 13, 15. Saint Andrew, Holborn.

Saint Botolph, Aldgate.
Saint Botolph, Bishopsgate.

Saint Bride, Fleet Street. Saint Giles, Cripplegate.

Sects. 14, 16, Allhallows, Barking.

17.

THE SECOND SCHEDULE.

Allhallows, Bread Street.
Allhallows the Great.
Allhallows the Less.
Allhallows, Honey Lane.
Allhallows, Lombard Street.
Allhallows, London Wall.
Allhallows, Staining.
Christ Church, Newgate Street.
Saint Alban, Wood Street.
Saint Alphage, London Wall.
Saint Andrew by the Wardrobe.
Saint Andrew Hubbard.
Saint Andrew Undershaft.
Saint Anne and Saint Agnes.
Saint Anne, Blackfriars.
Saint Antholin.

Saint Augustine.

Saint Bartholomew the Great.
Saint Bartholomew the Less.
Saint Bartholomew, Exchange.
Saint Bartholomew, Moor Lane.
Saint Bene't, Fink.
Saint Bene't, Gracechurch.
Saint Bene't, Paul's Wharf.
Saint Bene't, Sherehog.
Saint Botolph, Aldersgate.
Saint Botolph, Billingsgate.
Saint Botolph, Glasshouse Yard.

Saint Christopher le Stocks.
Saint Clement, Eastcheap.

Saint Dionis, Backchurch.

Saint George, Botolph Lane.
Saint Gregory by Saint Paul.
Saint Helen, Bishopsgate.
Saint James, Garlickhythe.
Saint James within Aldgate.

Saint John the Baptist, upon Walbrook.

Saint John the Evangelist.
Saint John Zachary.
Saint Katherine Coleman.
Saint Katherine Cree.
Saint Lawrence, Jewry.
Saint Lawrence, Pountney.
Saint Leonard, East Cheap.
Saint Leonard, Foster Lane.
Saint Magnus the Martyr.
Saint Margaret, Moyses.
Saint Margaret, Lothbury.
Saint Margaret, New Fish Street.
Saint Margaret Pattens.
Saint Martin, Ludgate.
Saint Martin, Orgars.
Saint Martin, Outwich.
Saint Martin, Pomeroy.
Saint Martin, Vintry.
Saint Mary, Abchurch.
Saint Mary, Aldermanbury.
Saint Mary, Aldermary.
Saint Mary-at-Hill.

Saint Mary, Bothaw.

Saint Mary-le-Bow.

Saint Mary, Colechurch.

Saint Mary Magdalen, Milk Street.

Saint Dunstan in the East.

Saint Dunstan in the West.

Saint Edmund the King and Martyr.

Saint Ethelburga.

Saint Faith under Saint Paul's. Saint Gabriel, Fenchurch.

Saint Mary Magdalen, Old Fish

Street.

Saint Mary, Mounthaw.

Saint Mary, Somerset.

Saint Mary, Staining.

Saint Mary, Woolchurch Haw.
Saint Mary, Woolnoth.
Saint Matthew, Friday Street.
Saint Michael, Basishaw.
Saint Michael, Cornhill.
Saint Michael, Crooked Lane.
Saint Michael-le-Querne.
Saint Michael, Paternoster Royal.
Saint Michael, Queenhithe.
Saint Michael, Wood Street.
Saint Mildred, Bread Street.
Saint Mildred the Virgin, Poultry.
Saint Nicholas, Acons.

Saint Nicholas, Coleabbey.
Saint Nicholas, Olave.

Saint Olave, Hart Street, with Saint
Nicholas in the Shambles.

Saint Olave, Old Jewry.
Saint Olave, Silver Street.
Saint Pancras, Soper Lane.
Saint Peter, Cornhill.
Saint Peter-le-Poer.
Saint Peter, Paul's Wharf.
Saint Peter, West Cheap.
Saint Sepulchre.

Saint Stephen, Coleman Street.
Saint Stephen, Walbrook.
Saint Swithin, London Stone.
Saint Thomas Apostle.
Saint Thomas in the Rolls.
Saint Vedast, Foster.
Holy Trinity the Less.
Holy Trinity, Minories.
Holy Trinity, Gough Square.

Sched. II.

Short title.

MUNICIPAL CORPORATIONS ACT, 1883.

46 & 47 VICT. c. 18.

An Act to make provision respecting certain Municipal Corporations and other Local Authorities not subject to the Municipal Corporation Act. [29th June 1883.]

WHEREAS Commissioners were appointed by his late Majesty King William the Fourth (in this Act referred to as the Commissioners of 1834) to inquire into Municipal Corporations in England and Wales, and made reports respecting divers corporations, including most of those mentioned in the schedules to this Act:

And whereas the Municipal Corporation Acts consolidated and repealed by the Municipal Corporations Act, 1882, were passed and applied to most of the places mentioned in the above report, but not to those which are mentioned in the schedules to this Act:

And whereas Commissioners were appointed by her Majesty to inquire into Municipal Corporations not subject to the Municipal Corporation Acts (in this Act referred to as the Commissioners of 1876), and have made reports to her Majesty respecting the places mentioned in the schedules to this Act, and it is expedient to make the provisions hereinafter appearing respecting those places:

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 Municipal Corporations Act, 1883 (a).

(a) It has been stated (ante, p. 70) that the general property of municipal

corporations must be considered to be held upon a charitable trust. Municipal corporations falling within the Municipal Corporations Act, 1882, have been specially dealt with by the legislature in that Act; but as to those which have not been so dealt with, and which fall within the present Act, it may perhaps be said that all that the Act effects is to enable the Charity Commissioners to initiate schemes for the regulation of trusts already within their jurisdiction. The places to which this Act applies are enumerated in the Schedules (post, pp. 750-752). The enumeration was arrived at as follows:

The Commissioners of 1876 stated in their General Report (para. 4) that 101 of the places inquired into by the Commissioners of 1834 had not been reached by legislation. They also added nine places which had not come under the notice of those commissioners. Of this total of 110, the commissioners excluded 22 from their report, on the ground that they had never been municipal or had long ceased to be so. These are the places comprised in Sched. II., Part 1, of the present Act.

The remaining 88 places were investigated, but two of them (Burton-uponTrent and Conway) having obtained charters before the publication of the final report, were not included in it. Of the remainder, ten were found to have become virtually extinct. These were included among the places specially reported on by, but were excluded from the General Report of the commissioners. They are the places specified in Sched. II., Part 2, of this Act.

Seventy-four of the seventy-six remaining places, which were included both in the General and Special Reports of the commissioners, are those enumerated in Sched. I., Parts 1 and 2, of this Act. The two places omitted are Lewes and Caergwele. Lewes was omitted because, as stated in a note to Sched. I. (post, p. 752), it had subsequently received a charter: but for the omission of Caergwele no reason is apparent.

Sect. 1

(a).

clusive rights

exempting

from juries,

2. On and after the twenty-fifth day of March one Abolition thousand eight hundred and eighty-six, or such later day, judicial of special not after the twenty-ninth day of September one thou- bodies, exsand eight hundred and eighty-six, as her Majesty in of trading, Council may in the case of any place or places appoint, the following provisions shall (subject to the savings for vested interests and other provisions contained in this Act) (a) apply to each of the places mentioned in the schedules to this Act; that is to say,

(1.) All civil, criminal, and Admiralty jurisdiction of

any corporate officer, court, or judge of the said
place appointed or holding office under any
charter, grant, or prescription shall cease,
whether such jurisdiction is conferred by such
charter, grant, or prescription, or by any Act,
and the place shall be subject to the same juris-
diction as the part of the county in which it is

&c.

« Anterior Continua »

Llibres

The Law of Charities and Mortmain: Being a 3d Ed. of Tudor's Charitable Trusts