Imatges de pàgina
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TOLERATION (ACT OF),

TOLLS,

dissenting ministers exempted from penalties by, 102.
repeal of part of, in favour of Unitarians, 103.

bequest of, to charities, void, 158.

TONBRIDGE GRAMMAR-SCHOOL,

decisions as to the right of, to the surplus rents of estates given
for the support of, 551-556, 575–579.

construction of a gift for the support of a scholar to be sent
from, 579-582.

TRINITY,

TRUSTS,

persons impugning the doctrine of, liable to punishment under
stat. 9 & 10 Will. III. c. 32, p. 102.

partial repeal of that act in favour of Unitarians, 103.

by what words created, 141.

words of recommendation, &c. ib. 142.

honorary and secret, are within the stat. 9 Geo. II. c. 36, p. 144.
parties will be compelled to disclose secret trusts for charities, 147.
breach of, to pull down chapel, 739.

damages for breach of, will not be awarded by Court of Chan-
cery, 740.

TRUSTEES,

principle on which accounts in charity cases are directed against,
456. See ACCOUNTS.

office of, honorary, 467.

entitled to costs, charges and expenses, when and when not,

467-469.

refusing to execute conveyances, not allowed costs, 470.
when allowed costs as to private acts of parliament, and when

not, ib.

ordered to pay costs in some cases, 471.

of charities chargeable like other trustees, ib.

ordered to pay costs of conveyance to new trustees, when,

472.

costs of, when made parties in two capacities, 473.

taxation of costs of, ib.

when only allowed costs as between party and party, 474.
being lunatics, the committee of, may be directed by lord chan-
cellor to convey, 498.

and to transfer stock or funds standing in their names and

to receive dividends, ib.

being lunatic, a person may, before inquisition, be ordered to
convey or transfer, 499.

being infants, may be ordered to convey, ib.
provision as to, in counties palatine, ib. 990.

being out of the jurisdiction of the court, may be ordered to
convey land, 499.

TRUSTEES (continued).

to assign leaseholds, 500.

to transfer stock, ib.

how order for conveyance under trustee act is to be obtained,
501, 990.

having a beneficial interest, are within the trustee act, 502.
husband of a female trustee within the act, ib.

the trustee act extends to charities and friendly societies, ib.
may be appointed without a suit, when, 503.

the Court of Chancery may appoint trustees of charities on the
petition of the person administering such charity, or
any person on behalf thereof, ib. 504.

manner of proceeding where trustees, defendants in equity,
cannot be found, ib.

filling annual offices, removed, 507.

not appointed without reference to the master, ib.

property vested in bodies corporate as trustees for charitable
purposes, to continue so until 1st August, 1836, p. 507.
vacancies among, may be supplied, 508.

new trustee, how long to retain his trust, ib.

lord chancellor, prior to 1st August, 1836, to regulate trust
estates vested in corporations for charities, ib.

when not justified in applying revenues of school in enlarging
a chapel, 638.

ejectment by, 711.

majority of, may maintain ejectment, ib.

to what rule subject with regard to cutting timber, 712.
proper powers for the appointment of, should be inserted in
deeds founding charities, 736.

power of appointing, enlarged by private act of parliament, ib.
right of survivor of, to appoint new trustees, when not deter-
mined, ib.

where number had not been reduced to that specified, 736.
information to remove, on account of not being inhabitants, dis-
missed, 737.

heir of founder, when a necessary party on the appointment of

new, 738.

when official trustee did not forfeit his character of trustee
under a previous appointment, ib.

municipal corporations frequently constituted, ib.

what are sufficient grounds for removing, 739.

one of several, may have others removed for breach of trust, ib.
when deviation from terms of trust will be allowed, 740.

mode of calculating fines to be paid by, on admission of, to copy-

holds, 741.

of dissenters' charities will not be allowed to deviate from origi-
nal object of foundation, 742.

professing opinions at variance with the object of the charity will
be removed, 749, n. (s).

being Unitarians, will be removed as trustees for a Trinitarian
establishment, 752.

when entitled to nominate scholars, 768.

what was a sufficient appointment of a lecturer by, ib.

V.

VESTRY,

to make out and publish yearly a list of estates, charities, and
bequests, &c. with the application thereof, 321.
powers of, where parishes are divided by the commissioners for
building new churches, 660.

votes of, in dismissing a schoolmaster, how to be taken, 731.

VISITATION,

(1) Origin of visitatorial power,

civil corporations subject to jurisdiction of King's Bench, 323,

324.

of spiritual corporations belongs to the ordinary, 325.

of donatives augmented by Queen Anne's Bounty, 326.

of churches and religious houses of monasteries belongs to the
ordinary, ib.

power of ordinary in, ib.

of hospitals, 327.

of hospitals, belongs to founder or his nominee, 328.
of incorporated charities, belongs to founder, 329.
power of, incident to eleemosynary corporations, ib.
forum of visitors, a convenient jurisdiction, 330.
power of, derived from property of donor, 331.
of corporations for charity, belongs to founder, ib.

(2) In Right of the Crown,

royal foundations subject to visitation of crown, 333.
exercised by the lord chancellor, 335.

of charities, on failure of heirs of founder, devolves to the crown,

337.

extends to new gifts to royal foundations, 339.

devolves to the crown where visitor is a lunatic, 341.

in appeals to lord chancellor as visitor for crown, its interest
must be represented by attorney general, 342.
exercised by lord chancellor, not part of his equitable jurisdic-
tion, ib.

(3) Appointment of Special Visitors,

of eleemosynary foundations, may be delegated by founder, 343.
technical words not necessary for, ib.

words which amounted to, 344.

exception of power on, 345.

power of visitors may be divided, ib.

engrafted fellowships, subject to the visitor, 354.

property given for purposes contrary to the statutes of a college
not subject to, 357.

(4) Powers of Visitors,

are limited by the statutes, 360.

visitor is the judge of the private statutes, ib.

visitor not bound to proceed according to common law, 361.

decisions of visitors are conclusive, ib.

do not extend to independent members, 362.

VISITATION (continued),

visitors cannot determine a dispute between a college and a
third party, 365.

may determine right of fellows to let their chambers, ib.

parties must be summoned on, ib.

visitors cannot dismiss school-master who has not been sum-
moned, ib.

nor be a judge in his own cause, 367.

powers of, may cease and revive, ib.

visitors may deprive and amove members, 368.

questions belonging to visitor cannot be decided by a court of
equity, 370.

sentence of visitor not examinable in courts of law, 375.
visitor can only visit at time appointed by statutes, 377.
acts not amounting to a general visitation, 378.

to be regulated according to the statutes, 379.
visitor not bound by particular forms, 380.

submission to visitor does not give him power, ib.

visitor may be compelled by mandamus to receive an appeal, 388.
may determine grievance which happened in his pre-
decessor's time, 396.

entitled to costs, 470.

costs of, for visiting a school directed to be increased, 471.

U.

UNCERTAINTY,

gift to one hospital, where there were two in the place, not void

for, 523.

bequest void for, where part of gift is void, 200, 203, 662.

where no trust is effectually created, ib.

where gift was to purchase and circulate books
tending to promote the happiness of makind, 663.
where no administration of trust can be direct-
ed, 664.

gift not void for, where one term of option given can be ex-
ecuted, ib.

nor where a general charitable purpose is ex-

pressed, 665.

nor where particular objects have failed, ib.
nor where nothing but mode of execution is

left in, ib.

nor a gift for the benefit of poor dissenting
ministers in England, 104, 105.

gift void for, where fund is given to charitable purposes, and
others of a more indefinite nature, 666, 994.

as to objects of benevolence and liberality, ib.

such benevolent purposes as testator's executors should
agree on, 667.

to executors to be given in private charity, 668.
charitable or other purposes as trustees should think
fit, ib.

bequest of what shall remain or be left at prior legatee's

death void for, 669.

UNCERTAINTY (continued).

where the direction was to continue the testator's cha-
rities, ib.

on account of loose description of objects, 670.

where the court could not direct the execution of the trust, 678.
when trust will not be void for, 671.

UNIFORMITY,

effect of act of, in rendering office void, 720.

UNITARIANISM,

whether Court of Chancery will effect trusts for propagation of,

108.

Unitarians not objects of certain charities, ib.

trustees professing, will be removed from establishment for pro-
moting doctrines of the trinity, 749 n. (s), 752, 761.

UNIVERSITIES OF OXFORD AND CAMBRIDGE,
the colleges in, are lay corporations, 23, 25.

colleges in, excepted from the statute of charitable uses, 817.
stat, 1 Edw. VI. c. 14, p. 95 n.
exception in favour of, in stat. 9 Geo. II. c. 36, pp. 247, 248.
acts appointing charity commissioners do not extend to,
306, 885.

restriction on number of advowsons to be held by colleges in,
removed, 838.

subject to king's visitation, 333.

UNIVERSITY LIFE ASSURANCE SOCIETY,

USAGE,

enabled to purchase annuities for lives and to lend money or
stock upon mortgage, 877.

old instruments may be construed with reference to, 562-567.

W.

WATERWORKS,

devise for making, a charitable use, 75.

acts of parliament for supporting, may create a charitable use,
semble, 81.

WESTMINSTER COLLEGE,

WILLS,

proviso in favour of, in stat. 9 Geo. II. c. 36, s. 4, as to disposition
of lands to, 826.

excepted from statute of charitable uses, 817.

powers of charity commissioners, 885.

not revoked by conveyance to charitable uses which fails by

death of grantor, 131.

generally revoked by imperfect conveyances, ib. n. (m).
executed before stat. 9 Geo. II. c. 36, by testators who died
after, valid, 138. See BEQUEST, Devise.

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