COMMISSION OF CHARITABLE USES (continued). Exemptions from, the two universities, cities, corporate towns, and charities having hospitals in reputation, 294. purchasers for valuable consideration, 296-299, 818. COMMISSIONERS OF CHARITIES, king enabled, by stat. 58 Geo. III., c. 91, to issue a commission to investigate charities for education of poor in England and 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. two reports were made by, ib. number of, increased to twenty by stat. 59 Geo. III. c. 81, powers of, extended to all charities in England and Wales, authorised by stat. 59 Geo. III. c. 91, to certify to attorney cases certified by, ib. powers of, continued until 1st July, 1830, p. 309. digests of reports of, ib. contents of, ib. powers of, continued until 15th August, 1834, p. 309. 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, 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 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. no person to be obliged to travel more than ten miles, 882. to transmit examinations and papers to office at Westminster, ib. purchasers without notice not bound to answer interrogatories mortgagees and trustees not compellable to disclose titles without persons not compellable to criminate themselves, ib. penalty for sending letters not relating solely to execution of officers having custody of records to furnish copies if required stamp duty not required on, ib. powers of, not to extend to charities supported by voluntary except as to management and application of rents for twenty chief commissioner to superintend proceedings instituted by limitations of actions against, 887. may direct attorney general to file informations previously to COMPANY, allegation in information against a, 924, n. (k). form of information against, for due administration of several CONFIRMATION, of void devises by heir-at-law, must be according to the provi- CONSIDERATION, VALUABLE, what is considered, 298. purchases for, confirmed, when, 119, 859. CONSTRUCTION, charitable gifts favourably construed in the civil law, 513. of defective assurances in favour of charity, ib.-517; 245-247. where neither trustees nor objects are named, but there is a re- CONSTRUCTION (continued). of charitable gifts, differs from other cases, 518 where no trustees are named, but there is a reference to a class of bequests to trustees for such charitable purposes as they in (1) In cases of failure of Trustees and of Persons to select Objects 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 trustees declining to exercise a discretionary (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. where the trusts declared do not exhaust the whole rents, 542. 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, early cases on, referred to, 544. a gift of the whole fund, in certain proportions, amongst the ob 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 effect of declaration that whole rents should go to charity, 549. a small surplus unappropriated, not sufficient to deprive charity special directions for application of part of rents, with power for posed of, does not give right to heir-at-law on expi- case where whole rents were decreed to charity and lease set (3) Usage admitted in construing Charitable Gifts, old charters and deeds construed with reference to, 562. of instruments with respect to the nature of schools, 566. inference from mode of distribution adopted by founder and long CONSTRUCTION (continued). (4) Where the Donee of the Fund is entitled to the Surplus Rents, the case of Bristol corporation (Sir Thomas White's Charity), 567-570. the donee of the fund entitled to surplus although the rents had surplus decreed to a company of the fund where the donee or- where gift to a company was held not to be a charity, ib. where fund was not given out and out, but to be applied as the case as to scholars from Pocklington school, 594-596. CONTRIBUTION, of mixed fund of personalty for payment of debts, and charitable COPYHOLDS, are within the stat. 9 Geo. II. c. 36, p. 123. conveyance of, to charitable uses must be by deed enrolled, ib. 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 in cases of, a question of intention how far primary charges on CORPORATIONS, may take, but not retain without license in mortmain, 8. Different kinds of, aggregate and sole, ib. sole, what, ib. ecclesiastical and lay, ib. ecclesiastical, what, ib. 23. CORPORATIONS (continued). eleemosynary and civil, 23. civil established for variety of purposes, 25. right to purchase lands incident to, 27. to any extent with license in mortmain, ib. made trustees of charities, 34. may purchase fee-farm rents, 55. 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- accounts, for what time decreed against, 458-460. must make good charity property out of their general funds, 465. power of aliening estates incident to civil, 672. Court of Chancery will not generally take cognizance of aliena- 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. corporation resolution, how far binding on, 676, 994. Municipal, observations of corporation commissioners with regard to pro- what name is to be taken by, 676. powers of alienation by, restrained, 672. charitable trustees of, to retain property until 1st August, 1836, 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 council of, to act as trustees where corporations were ex officio to appoint trustees, when, ib. powers vested in trustees to be transferred to councillors, when, 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- council of, may renew leases, 679. collusive alienations and purchases of property by, may be set aside, 679. |