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COMMISSION OF CHARITABLE USES (continued).

Exemptions from,

the two universities, cities, corporate towns, and charities having
visitors, 292, 872.

hospitals in reputation, 294.
companies in London, ib.

purchasers for valuable consideration, 296-299, 818.

COMMISSIONERS OF CHARITIES,

king enabled, by stat. 58 Geo. III., c. 91, to issue a commission
to eight, 305.

to investigate charities for education of poor in England and
Wales, ib.

to report proceedings half yearly, ib.

universities and certain public schools exempted from the inquiry,

306.

powers of, did not extend to charities having visitors, ib.
nor to those supported by voluntary contributions,
307,

two reports were made by, ib.

number of, increased to twenty by stat. 59 Geo. III. c. 81,
p. 307.

powers of, extended to all charities in England and Wales,
except the universities, &c., 307.

authorised by stat. 59 Geo. III. c. 91, to certify to attorney
general cases requiring legal interference, 308.

cases certified by, ib.

powers of, continued until 1st July, 1830, p. 309.
twenty-two reports made by, ib.

digests of reports of, ib.

contents of, ib.

powers of, continued until 15th August, 1834, p. 309.
objects of inquiry by, extended, 310.

six additional reports made by, ib.

ascertained the number of charities to be investigated, 311.

to what objects attention was directed by, ib.

inquiry by, not systematically pursued, ib.

counties not investigated by, 312.

salary awarded to, ib.

costs of inquiries by, 313.

general results not stated by, ib.

good consequences likely to follow from inquiries by, ib.

by stat. 5 & 6 Will. IV. c. 71, the king enabled to appoint, 314,

879.

to examine the amount and application of all charitable funds,
315, 880.

may report special circumstances, ib.

sittings of, where to be held, 315, 881.

universities and certain public schools exempted from powers of,

316, 885.

may appoint trustees of charities, when, 316, 887.

may certify particulars of charities, where there have been
breaches of trust, &c. 428.

COMMISSIONERS OF CHARITIES (continued).

certificate of attorney general to be evidence that case has been

certified, 430, 874, 886.

number of, to receive salaries, 880.

to take oath before entering upon their duties, ib.

form of, 881.

vacancies of, may be supplied by crown, ib.

may appoint secretary and other officers, ib.
send for persons and papers, ib.

no person to be obliged to travel more than ten miles, 882.
may examine upon oath, ib.

to transmit examinations and papers to office at Westminster, ib.
persons swearing falsely before, incur penalties of perjury, ib.
refusing to appear before, or to produce deeds, &c.,
liable to be fined, 883.

purchasers without notice not bound to answer interrogatories
of, ib.

mortgagees and trustees not compellable to disclose titles without
notice, 884.

persons not compellable to criminate themselves, ib.
letters to and from, to be free of postage, when, ib.

penalty for sending letters not relating solely to execution of
act, 885.

officers having custody of records to furnish copies if required
by, ib.

stamp duty not required on, ib.

powers of, not to extend to charities supported by voluntary
contributions, 886.

except as to management and application of rents for twenty
years, ib.

chief commissioner to superintend proceedings instituted by
attorney general, ib.

limitations of actions against, 887.

may direct attorney general to file informations previously to
reports of, being presented, 888.

COMPANY,

allegation in information against a, 924, n. (k).

form of information against, for due administration of several
charities, 932.

CONFIRMATION,

of void devises by heir-at-law, must be according to the provi-
sions of the stat. 9 Geo. II. c. 36, p. 227.

CONSIDERATION, VALUABLE,

what is considered, 298.

purchases for, confirmed, when, 119, 859.

CONSTRUCTION,

charitable gifts favourably construed in the civil law, 513.
rules of, adopted in English law from the civil, 514.

of defective assurances in favour of charity, ib.-517; 245-247.
of words creating a perpetuity, 517.

where neither trustees nor objects are named, but there is a re-
ference to a future appointment not made, 518.

CONSTRUCTION (continued).

of charitable gifts, differs from other cases, 518

where no trustees are named, but there is a reference to a class
of objects without naming any individuals, 523.

of bequests to trustees for such charitable purposes as they in
their discretion shall appoint, where objects are or are
not named, 524.

(1) In cases of failure of Trustees and of Persons to select Objects
arising ex post facto,

gift does not fail by trustee's death in testator's lifetime, 530.

nor by the testator's erasing the name of the executor, 531.
nor by the death of the person to whom power only of dis-
tribution is given, 532.

nor by the trustees declining to exercise a discretionary
power of distribution, 536.

(2) Where the whole Rents are devoted to Charity,

rule as to, depends on intention, 539.

no resulting trust in favour of heir-at-law against charity, ib.
mode of ascertaining the intention, 541.

where the trusts declared do not exhaust the whole rents, 542.
where the devise is to a future establishment, ib.

devise of rents passes the lands, ib.

intention to be collected from context of will, 543.

the rule as to when whole rents are applicable to charity stated,
ib.

early cases on, referred to, 544.

a gift of the whole fund, in certain proportions, amongst the ob
jects, ib.

case of Thetford school, 545.

Lord Brougham's illustration of, 547.

increased value, distributed in proportions, 548.

gift of the whole profits at the time of the gift, passes whole fund
to charity, 548.

effect of declaration that whole rents should go to charity, 549.
case of Skinners' Company, where whole rents were held appli
cable to charity, 551–556.

a small surplus unappropriated, not sufficient to deprive charity
of increased value, 557.

special directions for application of part of rents, with power for
founder to let lands at rents amounting to the sum dis-

posed of, does not give right to heir-at-law on expi-
ration of lease, 559.

case where whole rents were decreed to charity and lease set
aside, 561.

(3) Usage admitted in construing Charitable Gifts,

old charters and deeds construed with reference to, 562.
evidence of the manner of enjoyment admitted, 563.
in the construction of private deeds, 564.

of instruments with respect to the nature of schools, 566.
to places for religious worship, 567.

inference from mode of distribution adopted by founder and long
acquiescence, ib.

CONSTRUCTION (continued).

(4) Where the Donee of the Fund is entitled to the Surplus Rents,
subject to Fixed Payments,

the case of Bristol corporation (Sir Thomas White's Charity),

567-570.

the donee of the fund entitled to surplus although the rents had
increased beyond the donor's expectation, and were
directed not to be raised, 571-575.

surplus decreed to a company of the fund where the donee or-
dered it, after certain specified payments, to be disposed
of according to their wills and pleasures, 575-578.
case where company was held entitled to surplus, the whole
rents not having been originally distributed, 579–582.
another case where company was held bound to distribute only
the original sum given, 582-584.

where gift to a company was held not to be a charity, ib.
where fund was given to a body corporate, subject to payments
to certain members thereof, ib. 585.

where fund was not given out and out, but to be applied as
trustees should think fit, 587-594.

the case as to scholars from Pocklington school, 594-596.

CONTRIBUTION,

of mixed fund of personalty for payment of debts, and charitable
and other legacies, 234. See APPORTIONMENT.

COPYHOLDS,

are within the stat. 9 Geo. II. c. 36, p. 123.

conveyance of, to charitable uses must be by deed enrolled, ib.
mode of calculating fines on admission of trustees of charities
to, 741.

CONVERSION,

in cases of, where purpose fails, the produce continues realty,

214.

ulterior intention of, not inferred, ib.

general result of the authorities upon, 215.

void legacy to charity held to pass to residuary legatee in case of
complete conversion of realty, 216.

in cases of, a question of intention how far primary charges on
personalty are to be paid out of produce of realty, 217.

CORPORATIONS,

may take, but not retain without license in mortmain, 8.
what alienations to, are within the mortmain acts, ib. 9.
purchases by, declared to be within the mortmain acts, 17.
definition of, 22.

Different kinds of,

aggregate and sole, ib.

sole, what, ib.

ecclesiastical and lay, ib.

ecclesiastical, what, ib. 23.

CORPORATIONS (continued).

eleemosynary and civil, 23.
eleemosynary, what, ib.

civil established for variety of purposes, 25.
how created, 26, 27.

right to purchase lands incident to, 27.

to any extent with license in mortmain, ib.
what words create a fee in conveyances to, 28.
for particular purposes only, ib.
OVERSEERS.

made trustees of charities, 34.

may purchase fee-farm rents, 55.
cannot take lands by devise, 244.

See CHURCHWARDENS AND

may have benefit of a devise, when, ib.

could take under a devise to charitable uses, 246.

charters, &c. of, inconsistent with provisions of municipal corpo-
ration act, repealed, 323.

accounts, for what time decreed against, 458-460.

must make good charity property out of their general funds, 465.
reference to the master to inquire as to the property of, ib.
liable to payment of costs, when, 471.

power of aliening estates incident to civil, 672.

Court of Chancery will not generally take cognizance of aliena-
tion of estates by, 673.

decree against, for renewal of a lease, 674.

the right to use a common seal incident to, 675.

can only bind their property by deed under common seal, ib.
can neither take nor grant property except by name of incorpo-
ration, 516, n. (u), 676.

corporation resolution, how far binding on, 676, 994.

Municipal,

observations of corporation commissioners with regard to pro-
perty held by municipal corporations, ib. n. (d).

what name is to be taken by, 676.

powers of alienation by, restrained, 672.

charitable trustees of, to retain property until 1st August, 1836,
pp. 507, 508.

vacancies among, how to be supplied, ib.

how long trust is to be retained by new trustee, ib.

lord chancellor, prior to 1st August, 1836, to regulate
administration of charitable trusts in, ib.

council of, to act as trustees where corporations were ex officio
sole trustees, 677.

to appoint trustees, when, ib.

powers vested in trustees to be transferred to councillors, when,
ib.

property of, how to be applied, ib.

power of sale and leasing by, restrained, 678.

consent of lords of the treasury to alienation by, how to be ob-
tained, ib.

council of, may renew leases, 679.

collusive alienations and purchases of property by, may be set

aside, 679.

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