March, or in pursuance of any right saved by this Act, and such alienation has been made collusively and for no consideration, or for insufficient consideration, such alienation may be set aside in the like proceedings (instituted with the consent of the Charity Commissioners or of the Attorney-General) and in like manner as a lease of land of a charity granted without due consideration may be set aside (b): provided that if a charter is granted or a scheme made whereby the property is affected, the said proceedings shall be commenced within one year after the charter or scheme takes effect.

Sect. 8.

(3.) Anything authorized by this Act to be done by the Charity Commissioners may be done by an order of those Commissioners, which may be made in like manner as if the property were the endowment of a charity and application had been made as provided by the Charitable Trusts Acts, 1853 to 1869 (c), and an order of the Charity 16 & 17 Vict. Commissioners may be made at any time after the pass- 32 & 33 Vict. ing of this Act, so, however, that the order shall not take effect until such date as the Charity Commissioners fix as being, in their opinion, under the circumstances of the case, most consistent with the purposes of this Act.

(4.) Any corporation or person directly affected by any order of the Charity Commissioners under this Act in relation to any property made before a scheme under this Act has provided for the application of such property, or directly affected by the order of the Charity Commissioners which first establishes a scheme providing for the application of such property, may, if aggrieved by the order, appeal (except as hereinafter provided) to the Privy Council, and the Privy Council after considering the objections to the order and, if it seem necessary, hearing the parties, may make such order as in their opinion the Charity Commissioners ought to have made, .and such order shall have the same effect under this Act as if made by the Charity Commissioners, and an appeal shall not lie to the High Court of Justice under the Charitable Trusts Acts, 1853 to 1869 (d), against any

c. 137.

c. 110.

Sect. 8.

Provision as to property and transfer thereof.

order against which an appeal to the Privy Council can be had in pursuance of this enactment.

(5.) After a scheme has been made under this Act providing for the application of any property the Charitable Trusts Acts, 1853 to 1869, shall apply in all respects as if the scheme were a scheme made in pursuance of those Acts, and the property shall for the purpose of those Acts be deemed to be the endowment of a charity. (a) See sect. 3, ante.

(b) By action in the nature of an information. See ante, pp. 296 et seq. (c) See Charit. Trusts Act, 1860, ss. 2 and 4, ante, pp. 558, 565.

(d) Charit. Trusts Act, 1860, s. 8, ante, p. 567; Charit. Trusts Act, 1869, s. 10, ante, p. 586.

9. (1.) All property by this Act vested in the official trustees (a) or any body corporate or persons shall, so far as the same can be transferred by this Act, be transferred by virtue of this Act, and so far as the same cannot be so transferred, be held in trust for those trustees, body corporate, or persons, and shall be vested for the same estate and interest, and subject to the same liabilities, for and subject to which such property was held at the time immediately before the same becomes so vested.

(2.) For the purposes of this Act the expression "property" includes all property, real and personal, and all things in action, and all rights of common or commonable rights, and rights to toll, and all franchises, privileges, and rights which have any pecuniary value, and all charters, records, deeds, books, and documents, and includes any estate or interest, legal or equitable, in any property as so defined; and all property held, enjoyed, claimed, or administered by any corporation, Court, judge, or person shall for the purposes of this Act be deemed to be the property of such corporation or person.

(3.) All powers and duties conferred or imposed by any local Act of Parliament (including a Provisional Order confirmed by Parliament) on, and all trusts administered by, any corporation abolished by this Act(a), or any officers or nominees of such corporation, either

alone or jointly with other persons, shall vest in and be exercised, and performed, and administered by such persons as may be provided by a scheme under this Act, and until such scheme takes effect by the same persons as at the passing of this Act.

Sect. 9.

(4.) Any question which may arise as to whether anything is property within the meaning of this Act, or as to whether anything is vested in the official trustees or any body corporate or persons as provided by this Act, shall in the first instance be decided by the Charity Commissioners, subject, nevertheless, to an appeal to the High Court of Justice, as provided by section eight of the Charitable Trusts Act, 1860 (b), and such appeal may 23 & 24 Vict. be presented by any person interested or claiming to be interested in the property, and the provisions of this Act with respect to an appeal to the Privy Council shall not apply (c).

(a) Sect. 3, ante.

(b) Ante, p. 567.

(c) Sect. 8, sub-sect. (4), ante.

c. 136.

10. (1.) Every person who now is or hereafter may Reservation be an inhabitant of any borough mentioned in any of the schedules to this Act, and also every person who has

of rights of property and beneficial exemptions to freemen, their wives

been admitted or might hereafter have been admitted a freeman or burgess of any such borough if this Act had and children. not been passed, or who now is or hereafter may be the wife or widow or son or daughter of any freeman or burgess, or who may have espoused or may hereafter espouse the daughter or widow of any freeman or burgess, or who has been or may hereafter be bound an apprentice, shall have and enjoy and be entitled to acquire and enjoy the same share and benefit of the lands, tenements, and hereditaments, and of the rents and profits thereof, and of the common lands and public stock of any such borough or any municipal or other corporation thereof, and of any lands, tenements, and hereditaments, and any sum or sums of money, chattels,

Ꭲ.

3 B

Sect. 10. securities for money, or other personal estate, of which any person or any corporation may be seised or possessed in whole or in part for any charitable uses or trusts, as fully and effectually, and for such time and in such manner as he or she by any statute, charter, byelaw, or custom in force at the time of passing this Act might or could have had, acquired, or enjoyed in case this Act had not been passed: Provided that

(a) The total amount to be divided amongst the per-
sons whose rights are herein reserved in this
behalf shall not exceed the surplus which shall
remain after payment of the interest of all
lawful debts chargeable upon the real or per
sonal estate out of which the sums so to be
divided have arisen, together with the salaries
of municipal officers, and all other lawful ex-
penses, which on the first day of March one
thousand eight hundred and eighty-three were
defrayed out of or chargeable upon the same:
(b) Nothing herein-before contained shall be construed
to apply to any claim, right, or title of any
burgesses or freemen, or of any person, to any
discharge or exemption from any tolls or dues
levied wholly or in part by or to the use or
benefit of any borough or corporation; and
after the passing of this Act no person shall
have or be entitled to claim thenceforward any
discharge or exemption from any tolls or dues
lawfully levied in whole or in part by or to the
use of any corporation except as herein-after is
excepted:

(c) Nevertheless, every person who on the said first day

of March was an inhabitant or was entitled to be admitted a freeman or burgess of any borough mentioned in any of the schedules to this Act, or who on the said first day of March was the wife or widow, son or daughter, of any freeman or burgess of any such borough, or who

on the said first day of March was bound an
apprentice, shall be entitled to have or acquire
and enjoy the same discharge or exemption
from any tolls or dues lawfully levied in whole
or in part by or to the use of any borough or
corporation as fully and for such time and in
such sort as he or she by any statute, charter,
byelaw, or custom in force on the first day of
March might or would have had, acquired, and
enjoyed the same if this Act had not been
passed, and no further or otherwise :

(d) Where, by any statute, charter, byelaw, or custom
in force at the time of passing this Act within
any of the boroughs mentioned in any of the
schedules to this Act, any person whose rights
in this behalf are herein reserved would have
been liable in case this Act had not been passed
to pay any fine, fee, or sum of money to any
corporation, or to any member, officer, or ser-
vant of any corporation, in consideration of his
freedom, or of his or her title to such rights as
are herein reserved, no such person shall be
entitled to have or claim any share or benefit
in respect of the rights herein reserved as afore-
said until he or she shall have paid the full
amount of such fine, fee, or sum of money to
the treasurer of such borough, elected under
the Municipal Corporations Act, 1882, or to
such other person as may be appointed in that
behalf by a scheme under that Act or under
this Act:

(e) Nothing in this Act contained shall be construed to entitle any person to any share or benefit of the rights herein reserved who shall not have first fulfilled every condition which, if this Act had not passed, would have been a condition precedent to his or her being entitled to the benefit of such rights, so far as the same is

Sect. 10.