Imatges de pàgina
PDF
EPUB

App. III.
Note B.

How far conclusive.

Whether

rates must have been

the persons entitled to vote (see Edenborough v. Archbishop of Canterbury, 2 Russ. at p. 100), has been put forward in most of the cases in which the question has been whether the right of voting at an election of a parson is restricted to ratepayers or not.

If there is evidence of uniform usage, that is conclusive (Att.-Gen. v. Forster, 10 Ves. at p. 338), but not, of course, where the usage has varied (Edenborough v. Archbishop of Canterbury, 2 Russ. 93, 104, 107) In Att.-Gen. v. Dary, cited 3 Atk. at p. 577, Lord Hardwicke held that "inhabitants" must be confined to persons paying church and poor rates. See also Rex v. Dane, 6 A. & E. 374.

So, also, in the case of the words "inhabitants and parishioners." If, on the one hand, the usage has been to confine the right of voting to ratepayers, they alone can take part in the election: Att.-Gen. v. Newcombe, 14 Ves. 1; Edenborough v. Archbishop of Canterbury, 2 Russ. 93. If, on the other hand, the usage has been to extend the right to persons who are not ratepayers, then such persons cannot be excluded: Att.-Gen. v. Parker, 3 Atk. at p. 577.

66

Assuming that "inhabitant," or "parishioner," or "inhabitants and parishioners," are confined to ratepayers, a further question arises whether it is necessary that a rate should actually have been paid, or actually paid. whether it is sufficient that a person is liable to be rated. It appears that where the qualification of being a ratepayer is required, it is not attained until a rate has been actually paid. In Att.-Gen. v. Forster, 10 Ves. at p. 339, Lord Eldon said, As to the word 'pay' there is no doubt, in a strict sense, persons paying are those who have paid. But in a popular sense persons paying to church and poor may be understood persons liable to pay; and if, in ordinary parlance, persons liable to pay were excluded, the greater part would be excluded." In Edenborough v. Archbishop of Canterbury, 2 Russ. at pp. 110, 111, the same judge held that a person who came into the parish after a rate had been made had no right to vote as a "parishioner" before another rate had been made, unless the making of the rate had been postponed for an unfair purpose.

Householders.

In Etherington v. Wilson, 1 Ch. D. 160, a payment in respect of rate had actually been made. Mellish, L. J., however, treated the question as depending on whether the person claiming to be a parishioner was liable to be rated. He said (at p. 168): "The question whether he is actually rated or not is immaterial; but so far the fact of his being rated confirms the evidence that he was the occupier." Where the usage has been that the qualification shall be satisfied by assessment only, not followed by actual payment, that will be upheld: Att.-Gen. v. Newcombe, 14 Ves. 1.

"Householders" is not so strict a word as "housekeepers," but it excludes servants, lodgers, or inmates, who have no permanent interest in the place, but only a temporary residence: Rex v. Hall, 1 B. & C. at p. 137. Partners carrying on business, but not dwelling in a city, and paying rates in respect of their place of business, are householders: ibid., at p. 138.

[blocks in formation]

account of charity applicable, when directed, 128.
administration of charity abroad left to lex loci, 127.

charity commissioners, jurisdiction of, extends to charity abroad but appli-

cable in England, 101, 133, 467,

533.

extends to charity applicable abroad,
101, 133, 467, 533.

country in which charity applicable becoming independent, 141.
Court, jurisdiction of, extends to charity applicable abroad, 533.
England, charity applicable abroad not applied cy-près in, 141.
legacy to charity abroad to whom paid, 127, 128.

when carried over to separate account, 128.

Mortmain, Statute of, land abroad not within, 62, 441.
refusal of foreign government to accept legacy, 32, 42, 46.

scheme not settled for charity abroad, 46, 127.

of charity abroad, alteration of, 130, n.

reference to foreign Court to settle, 128. See COURT OF SESSION.

ABSOLUTELY ENTITLED. See LANDS CLAUSES ACT.

ABSTRACT. See COPY.

enrolment of, where original lost, 420, 423.
of title. See SALE.

ACADEMY. See COLLEGE.

ACCEPTANCE, of secret trust, 55, 56. See SECRET TRUST.

ACCIDENT, gift for poor may be applied for relief of, 160.

ACCOUNT. See BREACH OF TRUST; RENTS AND PROFITS.
abroad, when directed of charity applicable, 128.
action for, trustees may bring, to obtain discharge, 300.
banking. See BANKING ACCOUNT.

charity commissioners, to, by charity trustees, &c., 232, 554-556.

certifying and auditing, 555.

churchwardens, copy to be sent to, in case of parochial charities, 556.

See PAROCHIAL CHARITIES.

ACCOUNT-continued.

charity commissioners, to-continued.
forms for rendering, 789 et seq.

endowed school, in case of, 789-792.
general charity, in case of, 792-796.
order of charity commissioners as to, 789.
particulars, what, to be included in, 555.

power of charity commissioners to make orders as to, 556.
repealed provisions, 520-522.

time for rendering, 555.

church trustees, by, to vestry, 244.

corporation, against, for breach of trust, 96, 301, 302, 307.

cost of taking, trustees attempting to overcharge fixed with, 348.
land-owner, against, failing to pay charity rent-charge, 301.

mesne rents and profits, of, 290, 291, 302-306. See RENTS AND PROFITS.

municipal charities or corporation, by persons receiving funds of, 784. See
MUNICIPAL CORPORATION.

official trustees of charitable funds, of, 573, 574, 591, 788. See OFFICIAL
TRUSTEES OF CHARITABLE FUNDS.

parish, no retrospective account against, 307.

parochial charities,

copy of accounts sent to charity commissioners to be submitted to
churchwardens and inserted in vestry book, 287, 556.
inspection and copies of, 556.

power of Local Government Board to require accounts of, 232.

not in case of voluntary contributions, 232.

prejudicial to charity, where, not directed, 305.

present value of land improperly alienated, of, 302.

schemes, provisions in, as to rendering, 819, 829, 839, 849, 853.

schoolmaster, against, 301.

not where misapplication innocent, 305.

trustee, against, 291, 294, 295, 300, 301, 302-306. See RENTS AND PROFITS.
where misapplication innocent, 303–305.

trustees, by, to charity commissioners, 232, 554-556.

trustees, duty of, to keep, 232, 520.

may be ordered to lay debtor and creditor account before Att.-
Gen., 232.

vestry clerk, by, of sums distributed by churchwardens and overseers, 232.

ACCOUNTANT'S BRANCH OF CHARITY COMMISSION,

how far to be under control of one of the official trustees, 788.

ACCOUNTS AND STATEMENTS,

charity commissioners, &c., power of, to require, 471, 537.

contempt of Court, refusal to furnish is, 473, 538, 539.

endowed schools, extension of powers to, 634.

exception in case of persons claiming adversely, 474, 537. See ADVERSELY
TO ANY CHARITY.

form of order for, 471.

oath, may be required to be verified on, 537.

particulars, what, usually required, 471.

requisition for, how made, 538.

revocable trust may be required in respect of, 471.

who De required to render, 537.

CUMULATION,

charity, not stopped in favour of, 57, 65.

cy-près application where accumulation directed beyond legal period, 35, 141.

legacy, accumulations of, follow, 65, 66.

limit allowed for, 57.

where application of fund postponed, 54.

ACKNOWLEDGMENT, assurance to charity formerly required, 395, 396.

ACQUIESCENCE. See TIME; USAGE.

Att.-Gen. how far barred by acquiescence of beneficiaries, 249, n., 298.
beneficiary may be barred by, 298, 299.

congregation, minority of, may be barred by, 248, 249, 298, 299.

instrument, effect on construction of, 115, 116.

principle of," Volenti non fit injuria,” 298.

trustees barred by, from refusing to recognize title of cestuis que trust, 248.

ACT OF PARLIAMENT,

Bishops' Trusts Substitution Act, endowment governed by Act of Parlia-
ment not affected by, 672.

charity commissioners do not establish scheme of charity governed by, 562.
unless Act expressly gives jurisdiction, 562.
how far have jurisdiction over charity governed by,

562.

leave of, when required to proceedings under private
Act, 478.

proposed extension of powers to deal with charities
governed by special Act, 452, 453, 562.

costs of proceedings under private Act, Court has no power to deal with,
354, 356.

Court has no general power to control charity governed by, 89, 90.

jurisdiction expressly given, 90, 129, 562.

matters left unprovided for, 90, 129, 562.

presumed, when, 110, 111.

registration, exemption from, of charity governed by, 284, 285.

repeal of, by scheme under City of Lond. Paroch. Charities Act, 718, 719.

under End. Schools Acts, 633.

scheme requiring, power of charity commissioners to frame, 133, 231, 516.
See SCHEME.

scheme, when required to establish, 133, 231, 562.

trustees when may apply for, 231.

costs of application when allowed, 231, 348.
inquiry as to application for, 231, 331.

trusts of charity governed by, enforced, 93, 94.

ACTION. See LEGAL PROCEEDINGS.

abatement, 587, 588.

administration, for. See ADMINISTRATION.
arbitration, reference to. See ARBITRATION.
Att.-Gen., by. See ATTORNEY-GENERAL.

chambers, may be directed by judge at, 496.

charity commissioners, leave of, when required. See LEGAL PROCEEDINGS.
information, action may be turned into action in nature of, 320, n.

substitution of action for, 98, 315.

parties, 323-327. See PARTIES.

procedure governed by R. S. C. 1883..315.

relator, by. See RELATOR.

trustees, by. See TRUSTEES.

ACTUARIES, employment of, by charity commissioners under City of Lond.
Paroch. Charities Act, 700.

AD QUOD DAMNUM,

writ of, 375.

land given under Church Building Act may be held without, 761.
ADDITIONAL CURATES' AID SOCIETY, gift to, charitable, 8.

ADMINISTRATION,

apportionment between pure and impure personalty, &c., 59, 61. See AP-

PORTIONMENT.

Att.-Gen., when must be party to proceedings for, 324, 325. See ATTORNEY-
GENERAL.

charity estates, of, leave of charity commissioners required to proceedings
involving, 477. See LEGAL PROCEEDINGS.

costs of action for, 59, 65, 351, 352. See COSTS.

debts, marshalling between legatees does not affect incidence of, 61, 62.
rateable payment of, 59, 61, 62.

residue, incidence of debts in case of direction to marshal, 64.

effect of judgment for, on powers of trustees, 236, n.

exoneration of personalty from debts, 62-64. See EXONERATION.
funeral expenses, charitable legacy when allowed among, 59.

marshalling, 60 et seq. See MARSHALLING.

mixed fund, rateable payment out of, 59.

order of, 59.

proportion in which legacy fails, how ascertained, 60.

trustees cannot obtain, by payment into Court under Trustee Relief Act, 233,
480, 481.

ADVANCEMENT IN LIFE,

application of charities for, to education under End. Schools Acts, 172, 622.
endowment for, attached to school is educational endowment, 621.

"ADVERSELY TO ANY CHARITY,”

charity commissioners &c. cannot require information or production of docu-
ments from persons claiming, 474, 537.

claim to participate in charity funds cannot be adverse, 482.

judge at chambers and County Court cannot determine questions between
charity and adverse claimants, 506, 507.

legal proceedings by persons claiming, leave of charity commissioners not
required to, 99, 477.

meaning of claiming, 474, 482.

money collected for charity, claim to recover, not adverse, 474.

ADVERTISEMENT,

for representative of last surviving trustee, 184.

service by, of notices under City of Lond. Paroch. Charities Act, 721.

ADVOWSON. See MINISTER.

bishop whether ordered to institute and induct to, 211, 212.

Bishops Trusts Substitution Act how far applies to, 207, 208, 671.

charitable trust, when subject to, 13, 322, 699, 702.

whether Att.-Gen. can take proceedings in respect of, 321, 322.

collation to, right of, in whom vested, 207.

college, devise to, for purchasing, upheld although college has full number
permitted, 33.

directory, declaration as to time of election when, 211.

election of clerk to fill, 208 et seq.

inhabitants and parishioners, by, 208.

"chiefest and discreetest," 208, 869.

irregularity, how far affected by, 210, 865, 866.
Jews but not Roman Catholics may vote, 209.
meaning of, 208, 867 et seq. See INHABITANTS.
mode of election, 209, 210.

ratepayers, whether voting confined to, 208, 209, 868-870.
whether rate must be actually paid, 209, 870.

trustees must present nominee of majority of electors, 208.

usage, effect of, in determining right to vote, 209, 869, 870.

vestry, metropolitan, right of election when transferred to, 209, 313.
voting, mode of, 209.

trustees, by, 210, 211.

informality in appointment of trustees does not vitiate, 211.
majority may elect, 210, 234.

minority compellable to present, 210.

not invalid because full number of trustees not kept up, 210.

notice of, must be given to all trustees, 211.

presentation, all trustees must join in, 210.

proxy, trustees cannot vote but may sign presentation by, 210.

sole surviving trustee or heir of last survivor, by, 210.

exchange of, by ecclesiastical corporations, 253, n.

mortmain, cannot be alienated in, 374.

entry in case of alienation in, how effected, 384.

licence in, to purchase land authorizes purchase of advowson, 385.
what is alienation in, 374, n., 382, 391, 392.

persons presented to, usually tenants for life, 212.

presentation to, whether profit must be made out of, where held on charitable
trust, 252.

sale of, 252, 253.

inhabitants or class of persons, vested in, 252.

application of purchase money, 253.

exception of advowson belonging to endowed charity, 252.

sale how effected, 252.

municipal corporation, belonging to, 253, n.

school, belonging to, 252.

universities public schools &c., belonging to, 253, n.

school, belonging to, whether may be held by master, 252.
trustees, number of, kept up, 196, 210.

« AnteriorContinua »