App. III. 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. account of charity applicable, when directed, 128. charity commissioners, jurisdiction of, extends to charity abroad but appli- cable in England, 101, 133, 467, 533. extends to charity applicable abroad, country in which charity applicable becoming independent, 141. when carried over to separate account, 128. Mortmain, Statute of, land abroad not within, 62, 441. 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. 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. 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. endowed school, in case of, 789-792. power of charity commissioners to make orders as to, 556. 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. mesne rents and profits, of, 290, 291, 302-306. See RENTS AND PROFITS. municipal charities or corporation, by persons receiving funds of, 784. See official trustees of charitable funds, of, 573, 574, 591, 788. See OFFICIAL parish, no retrospective account against, 307. parochial charities, copy of accounts sent to charity commissioners to be submitted to 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. 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.- 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 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. 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- charity commissioners do not establish scheme of charity governed by, 562. 562. leave of, when required to proceedings under private proposed extension of powers to deal with charities costs of proceedings under private Act, Court has no power to deal with, 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. scheme, when required to establish, 133, 231, 562. trustees when may apply for, 231. costs of application when allowed, 231, 348. trusts of charity governed by, enforced, 93, 94. ACTION. See LEGAL PROCEEDINGS. abatement, 587, 588. administration, for. See ADMINISTRATION. chambers, may be directed by judge at, 496. charity commissioners, leave of, when required. See LEGAL PROCEEDINGS. 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. AD QUOD DAMNUM, writ of, 375. land given under Church Building Act may be held without, 761. 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- charity estates, of, leave of charity commissioners required to proceedings costs of action for, 59, 65, 351, 352. See COSTS. debts, marshalling between legatees does not affect incidence of, 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. 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, ADVANCEMENT IN LIFE, application of charities for, to education under End. Schools Acts, 172, 622. "ADVERSELY TO ANY CHARITY,” charity commissioners &c. cannot require information or production of docu- claim to participate in charity funds cannot be adverse, 482. judge at chambers and County Court cannot determine questions between legal proceedings by persons claiming, leave of charity commissioners not 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 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. ratepayers, whether voting confined to, 208, 209, 868-870. 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. trustees, by, 210, 211. informality in appointment of trustees does not vitiate, 211. 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. persons presented to, usually tenants for life, 212. presentation to, whether profit must be made out of, where held on charitable 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. |