In cases not coming within statutory exemption, conveyances on sale to a charity must be enrolled, the same Act personal property not exceeding £1,000 may be bequeathed to defray the expense of purchasing, &c. ground for the aforesaid purposes (u). In cases not coming within any statutory exemption, a conveyance of land by way of sale to trustees for a charitable purpose must be enrolled, from whatever source the purchase-money is derived, e. g., whether it has arisen from the sale of charity land sold to a railway company (v), or otherwise from the proceeds chase-money of some endowment, or is provided by voluntary contributions at the time, or is raised by public rates (x). from whatever source pur is derived. Effect of death of donor of purchase twelve months. It is apprehended, therefore, that land bought by guardians of the poor for a workhouse (y), or by a local authority for a cemetery, or a hospital, the purchase-money being paid out of the rates, is a purchase upon a charitable trust, rendering it necessary to enrol the deed. Where the purchase-money of land is provided by the voluntary gift of one person, the conveyance being money within made by his direction to trustees for a charitable purpose, the death of that person within twelve calendar months from the date of the deed invalidates the charitable trust, and the land (according to Price v. Hathaway) (2) belongs in equity to his heir. For the same reason, it would appear that if the purchasemoney is provided by the contributions of several persons, the death of any one of such persons within the twelve calendar months would invalidate the trust pro tanto (a). Adaptation of tered land. As regards registered land, the Act provides that (x) Att.-Gen. v. Eastlake, 11 Hare, 205; Re St. Botolph's Estates, 35 Ch. D. 142. The doctrine to the contrary in Att.-Gen. v. Heelis, 2 S. & S. 67, is overruled. (y) See Webster v. Southey, 36 Ch. D. 9; Barnaby v. Bardsley, 28 L. J. Ex. 326, is apparently overruled. The Act 7 & 8 Vict. c. 101, s. 73, provides "that in all cases where any land has been conveyed to or in trust for the guardians of (z) 6 Mad. 304; Att.-Gen. v. Gardner, 2 De G. & S. 116. (a) See Girdlestone v. Creed, 10 Hare, 480; Hawkins v. Allen, L. R. 10 Eq. 246. any assurance required to be made by deed may be made by a registered disposition under the Land Transfer Act, 1875, or any Act amending the same, and any assurance so made need not be executed in the presence of two witnesses, nor be enrolled in the Central Office (b). The powers and duties of trustees as regards the management of charity property. The powers and duties of trustees as regards the management of charity property are now regulated, in the case of endowed charities (with certain exceptions), by the Acts of Parliament passed in the present reign, known as the Charitable Trusts Acts, 1853 to Charitable 1887. Trusts Acts. of Board of By those Acts a board is constituted called "The Constitution Charity Commissioners for England and Wales" (e), Charity Comwhich board is empowered to give advice and directions missioners. in all matters relating to the management or adminis- Board to give tration of any charity, and the trustees acting on such directions to advice or directions will be deemed to have acted in accordance with the trust (d). advice and trustees. leases, mort The board may authorize leases for building and May authorize mining purposes, repairs and improvements, the raising gages and of money by mortgage for any such purpose, and sales sales. and exchanges of charity land (e). The secretary is constituted a corporation sole by Official the title of "The official trustee of charity lands," 99 trustee. and the board has power, under certain specified circumstances, and also whenever it appears to them desirable, to make an order vesting any charity lands in the official trustee. The secretary and other persons appointed by the Lord Chancellor are constituted a corporation by the title of "The official trustees of charitable funds" (f). No sale, mortgage, or charge of the charity estate, Restriction on (b) Sect. 9. (c) 16 & 17 Vict. c. 137, s. 1. (d) Sect. 16. (e) Sects. 21, 24. sales, mort and no lease in reversion after more than three years of any existing term, or for life, or in consideration wholly or in part of any fine, or for any term of years exceeding twenty-one years, can be granted by the trustees of any charity otherwise than with the express authority of Parliament or of a Court or judge of competent jurisdiction, or according to a scheme legally established, or with the approval of the board. The board may make orders for the appointment or removal of trustees of a charity, or for the removal of any schoolmaster or schoolmistress or other officer thereof, or for or relating to the assurance, transfer, payment, or vesting of any real or personal estate, or entitling the official trustees of charitable funds or any other trustees to call for the transfer of any stock, or for the establishment of any scheme for the administration of the charity. But no such order is to be made where the gross annual income of the charity amounts to £50 or upwards, except upon the written application of the trustees of the charity or a majority of them, or, in the case of incorporated trustees, under their common seal (g). The trustees of any charity are bound to render certain accounts to the board annually (h). Where lands are vested in the official trustee, the acting trustees of the charity, or the majority of them (such majority not being less than three), may grant such leases of the lands as they might have granted if the same were legally vested in themselves (i). And where the trustees acting in the administration of any charity have power to determine on any sale, exchange, partition, mortgage, or lease, or other disposition of any property, a majority of those trustees who are present at a meeting duly constituted, and vote on the question, may execute and do all assurances and things for carrying into effect such sale, &c., and such assurances, &c., have the same effect as if they were executed by all the trustees and the official trustee of charity lands (k). (g) 23 & 24 Vict. c. 136, ss. 2-9. (i) 18 & 19 Vict. c. 124, s. 16. (k) 32 & 33 Vict. c. 110, s. 12. from Act. The Charitable Trusts Acts do not extend to (1) the Exemptions Universities of Oxford, Cambridge, or Durham, or to any cathedral or building registered as a place of meeting for religious worship, and bona fide used as such; (2) The Commissioners of Queen Anne's Bounty, the British Museum, or to any friendly or benefit society, or savings bank, or any institution, &c. for religious or charitable purposes, wholly maintained by voluntary contributions; and where any charity is maintained partly by voluntary contributions and partly by means of income arising from any endowment, the Act applies only to the income from endowment, and no donation or bequest to or in trust for any such charity as last aforesaid, of which no special application is directed, and which may be legally applied by the governing or managing body as income in aid of voluntary subscriptions, is subject to the jurisdiction of the board; and no portion of any such donation, &c., or of any voluntary subscription which is set apart and invested by the governing body for the purpose of some defined and specific object or purpose in pursuance of any rule or resolution made or adopted by the governing body, is subject to the jurisdiction of the board. The funds of missionary societies are also exempted (7). The term "endowment," as used above, means an Endowment, endowment for some specific purpose or trust, and what is. does not include an investment arising from voluntary contributions not appropriated by the donor to any specific purpose. Thus, if money given to a charitable institution for its general purposes is laid out in the purchase of land, the land may be afterwards sold again without the consent of the Charity Commissioners (m). charities may The trustees of any exempted charity may apply to Exempted the board to have the Charitable Trusts Acts, or any on application provisions thereof specified in the application, ex-with tended to that charity (n). (1) 16 & 17 Vict. c. 137, s. 62. (m) Governors of Society for Relief of Poor Women, &c. v. Sutton, 27 Beav. 654; Royal Society v. Thompson, 17 Ch. D. 407; Finnis (n) 32 & 33 Vict. c. 110, s. 14. be brought In cases not within Act, jurisdiction remains with Chancery Division. The powers of the trustees of any charity not within the above Acts depend on the terms of the charter or trust deed by which it is founded, and if these are defective resort must be had to the Chancery Division of the Court to supply the defect. GIFT OF! COTTAGES FOR ALMSHOUSES. No. I. DEED of GIFT of COTTAGES to TRUSTEES to be used as Donor grants KNOW ALL MEN BY THESE PRESENTS, that A. B., to rector and churchwardens. Cottages. Course to be pursued to vest lands in official trustee. Court, in the county of of P to (a) This deed must be executed in the presence of two witnesses, and enrolled in the Central Office within six months. If the donor dies within twelve months the deed will be void, and it is therefore suggested that he should make a codicil to his will, devising the land, in the event of his death within this period, to some person who will be likely to confirm the deed, but without imposing on him any trust to do so. the form of such a devise, see Precedents of Wills, No. 614, infrà. For (b) Where it is wished, in order to save the expense of the conveyance, which would otherwise be necessary on every change of trustees, to vest the legal estate in charity lands in the official trustee, it is not proper for the founder of the charity to convey it in the first instance to the official trustee-he should convey it to the acting trustees appointed by himself, and when thus clothed with the charitable trust it may be vested in the official trustee by an order of the Board made on the application of the trustees. |