58 GEO. III. c. 91, 10th June, 1818.

58 Geo. III. An Act for appointing Commissioners to inquire concerning Charities in England, for the Education of the Poor (ƒ).

c. 91.

c. 81.

59 GEO. III. c. 81, 6th July, 1819.

59 Geo. III. An Act to amend an Act of the last Session of Parliament for appointing Commissioners to inquire concerning Charities in England for the Education of the Poor, and to extend the powers thereof to the Charities in England and Wales, to continue in force until the 1st day of August, 1823, and from thence until the then next Session of Parliament (g).

59 Geo. III. c. 91.

58 Geo. III. c. 91.

c. 81.

APPLICATIONS TO COURTS OF EQUITY RESPECTING CHARITIES, 59 GEORGE III. c. 91, 12th July, 1819.

An Act for giving additional Facilities in applications to Courts of Equity, regarding the Management of Estates or Funds belonging to Charities.

WHEREAS an act was passed in the last session of parliament, intituled An Act for appointing commissioners to inquire concerning Charities in England for the education of the Poor; and certain commissioners were appointed for the 59 Geo. III. execution of the said act and whereas an act hath passed in the present session of parliament, intituled An Act to amend an Act of the last session of Parliament for appointing commissioners to inquire concerning Charities in England, for the education of the Poor, and to extend the powers thereof to other Charities in England and Wales, whereby the numbers and powers of the commissioners were extended: and whereas it is expedient that additional facilities should be afforded for applications to the courts of equity regarding the management of estates or funds appropriated to charitable purposes; be it therefore enacted by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, that the di- and by authority of the same, that whenever, upon any examination or investigation taken or had by and before the commissioners appointed or to be appointed under the authority of the before mentioned acts, any case shall arise or

When it

shall appear

rections of a

court of equity are requisite,

commis

sioners may

(f)See ante, p. 305.

(g) Ante, pp. 307, 308.

c. 91.

who may

849

commence

chancery or

Applications to Courts of Equity respecting Charities. happen in which it shall appear to the said commissioners 59 Geo. III. that the directions or orders of a court of equity are requisite for the remedying of any neglect, breach of trust, fraud, abuse, certify the particulars or misconduct in the management of any trust created for any to the attor charitable purposes as aforesaid, or of the estates or funds ney general thereto belonging, or for the regulating the administration of apply to any such trust, or of the estates or funds thereof, it shall and a suit in the may be lawful for the said commissioners, or any five or more court of of them, if they shall think fit, to certify the particulars of court of exsuch case in writing under their hands to his majesty's at- chequer, &c. torney general, and thereupon it shall be lawful for his majesty's attorney general, if he shall so think fit, either by a summary application in the nature of a petition, or by information, as the case may require, to apply to or commence a suit in his majesty's high court of chancery, or to or in his majesty's court of exchequer sitting as a court of equity, stating and setting forth the neglect, breach of trust, fraud, abuse, or misconduct, or other cause of complaint or application, and praying such relief as the nature of the case may require; and when such petition or suit is instituted in the said court of exchequer, it shall be lawful for that court to proceed in the hearing and deciding of the same, according to the due course of the said court; and any order or decree of the same court in such proceeding shall be final and conclusive to all intents and purposes whatsoever, unless the party or parties who shall think himself or themselves aggrieved thereby shall within one year after the time when such order or decree shall have been made and entered by the proper officer, prefer an appeal from such order or decree to the house of lords; and when such petition or suit is presented or commenced in the said high court of chancery, it shall and may be lawful to and for the lord chancellor, lord keeper, or lords commissioners for the custody of the great seal, and they are hereby required, to order and direct such petition or suit to be heard and determined either before the master of the rolls or vice chancellor, as to the said lord chancellor, lord keeper, or lords commissioners shall seem meet; and thereupon the master of the rolls or vice chancellor shall proceed to hear and to rehear, if to him it shall appear necessary, and to determine the same; and all decrees, orders, and acts of the master of the rolls and vice chancellor made and done therein, shall be deemed and taken to be respectively decrees, orders, and acts of the said court of chancery, and be executed accordingly, subject nevertheless in every case to be reversed, discharged, or altered by the lord chancellor, lord keeper, or lords commissioners for the custody of the great seal for the time being; and no such deecee or order shall be enrolled, until the same be signed by the lord chan

59 Geo. III. c. 91.

No appeal

from the

Jord chan

house of

lords.

cellor, lord keeper, or lords commissioners of the great seal for the time being (g).

II. And be it further enacted, that when any appeal shall be made to the lord chancellor, lord keeper, or lords commiscellor to the sioners of the great seal, from any order or decree of the master of the rolls or vice chancellor, made in any matter aforesaid, the decree or order which shall be made on such appeal by the lord chancellor, lord keeper, or lords commissioners of the great seal, shall be final and conclusive, to all intents and purposes whatsoever, and no appeal from such decree or order of the lord chancellor, lord keeper, or lords commissioners for the custody of the great seal, to the house of lords shall be allowed.

III. Exempted all proceedings from stamp duty. See ante, p. 841, n. (d).

IV. Persons refusing to appear before commissioners, or to produce deeds, or refusing to answer questions upon oath, were liable to be fined by the court of king's bench or exchequer. The provision is similar to the 11 sect. of 5 & 6 Will. IV. c. 71, post.

V. Where regulations are insufficient for a due administration of the funds of any institution, the trustees may apply to chancery for relief. This section of the act is stated verbatim, ante, pp. 496, 497.

1&2 Geo. IV. c. 92.

EXCHANGE OF CHARITY ESTATES, 1 & 2 GEORGE IV, c. 92, 10th July, 1821.

An Act to authorise the Exchange of Lands, Tenements, or Hereditaments, subject to Trusts for Charitable Purposes, for other Lands, Tenements, or Hereditaments.

WHEREAS lands, tenements, or hereditaments, subjected to trusts for charitable purposes, may be in some cases exchanged for other lands, tenements, or hereditaments, so as to benefit the objects of the charity: may it therefore please your majesty that it may be enacted, and be it enacted by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, that from and after the passing of this act it shall and may be lawful for any person or persons, body whom lands, politic or corporate, in whom any lands, tenements, or herevested, may ditaments shall be vested, subject to any trust for any chariexchange table purpose, to grant and convey to any person or persons,

Persons in

&c. are in

premises.

(g) See 2 Will. IV. c. 57, 5 & 6 Will. IV. c. 71,18. 18 posts

body politic or corporate, and to his, her, or their heirs, successors, and assigns, or otherwise, as he, she, or they shall direct or appoint, any such lands, tenements, or hereditaments, in exchange for any other lands, tenements, or hereditaments, under and according to the several restrictions, declarations, and provisions hereinafter expressed, and not otherwise.

1 & 2

Geo. IV.

c. 92.

to be made

of the dio

commission

exchange

neficial to

II. And be it further enacted, that whenever it shall be Application thought advisable by the trustees or trustee of any lands, to the bishop tenements, or hereditaments, subject to any trust for any cese, who charitable purpose, to exchange the same, or any parts or may issue a part thereof, for any other lands, tenements, or heredita- to ascertain ments, application shall be made to the bishop of the diocese whether an in which any such lands, tenements, or hereditaments, subject will be beto any trust for charitable purposes, and so proposed to be the charity. exchanged, shall be situate, stating the objects of the charity, the manner in which such charity lands, tenements, or hereditaments are become vested in such trustees or trustee, and for what reasons it may be fit and proper that any such exchange should be made, and what benefit will be derived to the objects of the charity by means of such exchange, which statement shall be verified on oath before one of his majesty's justices of the peace for the county, riding, division, or place where such lands shall be situate; and thereupon it shall be lawful for such bishop to direct such inquiries to be made as he may think proper, and to require such information to be given to him as he may think necessary, previous to his issuing such commission, as hereinafter mentioned; and in case such bishop shall be satisfied that rea- of whom sonable ground has been laid before him to warrant his issu- mission ing such commission, then and in such case such bishop shall shall conissue a commission, under his episcopal seal, directed to four or more fit and proper persons, two of whom at the least shall be beneficed clergymen, and one of whom shall be a barrister at law of at least five years' standing, and by such commission the commissioners therein named, or any three of them, one of whom shall be a beneficed clergyman and one such barrister as aforesaid, shall be authorised and required to inquire whether such proposed exchange will be beneficial to the objects of the trust, to which the charity lands, tenements, or hereditaments so proposed to be exchanged shall be subject, and for what reason or reasons such exchange will be beneficial to the charity; and for the pur- Commispose of such inquiry, such commissioners shall examine upon examine on oath (which oath they are hereby empowered to administer) oath, and all persons who may be brought before them for that purpose, production and shall require the parties applying for such exchange to of deeds, bring before them any other persons to be examined upon surveys to

the com

sist.

sioners to

may require

and direct

1&2

Geo. IV. c. 92.

be made,

and certify

to the bishop the

shall arise.

oath touching any matters which such commissioners may deem necessary for their information; and such commissioners shall also require all deeds, papers, and writings, which they may deem necessary for their information, to be also laid before them, and shall direct such surveys, maps, and matters that plans to be made of the lands proposed to be given and taken in exchange, as they may think proper; and shall cause such lands,tenements,and hereditaments respectively, and the timber and trees on such lands respectively, and rights of common, and all other rights belonging thereto, to be valued, so as clearly to ascertain whether the proposed exchange will be permanently beneficial to the charity or not, and if permanently beneficial, for what reason it will be so beneficial, and whether such exchange is proposed for the convenience of the charity, or for the convenience of any other person or persons, body politic or corporate, and whether the terms upon which the exchange is proposed to be made are the best which can reasonably be obtained for the benefit of the charity; and such commissioners shall also inquire into the title to the lands, tenements, or hereditaments proposed to be given in exchange for the benefit of such charity, so as to enable the bishop, on the return of such commission, to judge of the propriety of allowing such exchange to take place; and such commissioners shall thereupon certify to the bishop the several matters which shall be made to appear to them, together with the surveys and other evidence laid before them, closed up, under their hands and seals, which shall be deposited with the registrar of the diocese.

Commissioners to take the fol

III. And be it further enacted, that before such commissioners shall proceed to execute such commission, they shall lowing oath, respectively take the following oath :

of the commissioners before

"I A. B. one of the commissioners named in a commission [describing the commission,] do swear, that I will faithfully do and execute all the matters by the said commission required to be done by me, and a true report make to the best of my ability, as by such commission required.

"So help me God.” Which oath shall be administered by one of the said commissioners, to any other or others of them, and shall be certified to the bishop, together with the other proceedings under such commission.

The bishop IV. And be it further enacted, that upon the return of may lay the such commission it shall be lawful for the bishop to examine proceedings the proceedings under the same, and, if he shall see fit, to direct the same to be laid before some counsel learned in the law for his opinion and advice thereupon, and also to direct the title to the lands proposed to be given in exchange to the charity to be examined in such manner as he shall think fit;

counsel.