5&6 Will. IV. e. 4. IV. Corporation authorised to file bills for foreclosure, or to purchase equity of redemption of estates mortgaged to them. V. Sales of such estates not to be delayed beyond five years, unless for causes stated. VI. Power for corporation to hold lands, &c. charged with annuities, or mortgaged to them, without license in mortmain. VII. Receipts of persons appointed by the corporation, or by the court of directors, to be sufficient discharges. VIII. Property of corporation to be considered and treated as personal estate. IX. Power for corporation to make bye-laws. X. Power for corporation to plead the general issue. 5&6 Will. IV. c. 71. c. 91. c. 81. ACT FOR APPOINTING COMMISSIONERS TO INQUIRE CONCERNING CHARITIES, 5 & 6 WILLIAM IV. c. 71, 9th September, 1835. An Act for appointing Commissioners to continue the Inquiries concerning Charities in England and Wales until the First Day of March One Thousand Eight Hundred and Thirty-seven. WHEREAS an act was passed in the fifty-eighth year of the reign of his late majesty King George the Third, intituled An 58 Geo. III. Act for appointing Commissioners to inquire concerning Charities in England for the Education of the Poor (x); and another act was passed in the fifty-ninth year of the same reign, 59 Geo. III. 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, to continue in force until the First Day of August One Thousand Eight Hundred and Twenty-three (y), and from thence until the End of the then next Session of Parliament; and an act was passed in the fifth year of the reign of his late 5 Geo. IV. majesty King George the Fourth, intituled An Act to continue for Four Years, and from thence until the end of the then next Session of Parliament, the Powers of the Commissioners for inquiring concerning Charities in England and Wales; and an act was passed in the tenth year of the same reign, in10 Geo. IV. tituled An Act to continue, until the First Day of July One Thousand Eight Hundred and Thirty, the Powers of the Commissioners for inquiring concerning Charities in England and (x) Ante, pp. 305, 306. c. 58. c. 57. (y) Ante, pp. 307, 308. 5 & 6 Will. IV. c. 71. 1&2 c. 34. c. 57. Wales: and whereas an act was passed in the first and second years of the reign of his present majesty, intituled An Act for appointing Commissioners to continue the Inquiries concerning Charities in England and Wales for Two Years, and will. IV. from thence to the End of the then next Session of Parliament (z): and whereas the commissioners appointed under and by virtue of the said two first-mentioned and the said lastmentioned acts respectively pursued the inquiries thereby authorised and directed, and made several reports of their proceedings; but the powers of the commissioners appointed under the said last-mentioned act expired on the fifteenth day of August one thousand eight hundred and thirty-four: and whereas many charities still remain to be investigated, and further time will be required for that purpose; and it is therefore expedient that commissioners should be appointed for the purposes aforesaid, to act according to the provisions and limitations hereinafter expressed and contained: and whereas an act was passed in the second year of the reign of his present majesty, intituled An Act to continue and extend the 2 Will. IV. Provisions of an Act passed in the Fifty-ninth Year of His Majesty King George the Third, for giving additional Facilities in Applications to Courts of Equity regarding the Management of Estates or Funds belonging to Charities; and for making certain Provisions respecting Estates or Funds belonging to Charities (a): and whereas it is expedient that certain of the provisions of the said last-recited act should be continued in manner hereinafter mentioned: 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, and by the authority of the same, that it shall and may be lawful for his majesty to issue a commission under the great seal to any Commisnumber of persons, not fewer than thirty, who shall be con- sioners to be stituted commissioners for the purposes intended by this act, inquire into one of whom shall be and be denominated the chief commis- the nature sioner, and shall superintend and direct the mode of proceeding ment of of the other commissioners acting in the execution of this act; and that they the said commissioners shall and they are hereby empowered and required, in manner hereinafter mentioned, to examine into and investigate the amount, nature, and application of all estates and funds of what nature or kind soever, and the produce thereof, destined or intended to be applied to the purpose of educating the poor in England and Wales, or to the support of any charity or charities or charitable donation or donations for the benefit of poor persons in England and Wales, or held under trusts created (z) Ante, pp. 309, 310. (a) Ante, pp. 505, 506. appointed to and manage charities. 5 & 6 Will. IV. c. 71. To report half-yearly. Commissioners to report special circum. stances, for any II. And be it enacted, that if upon such inquiry as aforesaid it shall appear to the said commissioners that, from any cause whatsoever, it has become impossible to apply the where funds estates or funds aforesaid, or any part thereof, to the purposes to which the same were destined or directed to be applied, the said commissioners shall report the special circumstances of each case, subject, as to the mode of making such report, to the directions of the chief commissioner in that behalf. cannot be applied to destined purposes. Salaries to a limited number of commissioners. Commissioners to take oath III. And be it enacted, that no remuneration shall be given for and in respect of the execution of this act to such of the said commissioners as shall be members of either house of parliament, nor to any number exceeding twenty of the commissioners; but there shall be allowed and paid to every such commissioner such reasonable sums for and in respect of such travelling expenses as may be incurred in the execution of this act as in the judgment of the lord high treasurer or the commissioners of his majesty's treasury for the time being shall be deemed requisite. IV. And be it enacted, that each of the said commissioners to be appointed by virtue of this act shall, previously to his 5 & 6 Will. IV. c. 71. entering upon the execution of the same, take an oath before the chancellor of the exchequer or the master of the rolls for the time being (which oath they are hereby respectively authorised and required to administer), the tenor whereof shall tering upon be as followeth; (that is to say,) "I, A. B., do swear, that, according to the best of my skill and knowledge, I will faithfully, impartially, and truly execute the several powers and trusts vested in me by an act, intituled [here insert the title of this act], according to the tenor and purport of the said act." before en their duties. commission the crown. V. And be it enacted, that in case of a vacancy or vacancies Vacancies of by the death, removal, or resignation of any such commis- ers may be sioners, it shall be lawful for his majesty, his heirs and suc- filled up by cessors, to nominate and appoint such person or persons as he or they may think proper for the supplying of such vacancy or vacancies. ment of se VI. And be it enacted, that it shall and may be lawful for Appointthe said commissioners and they are hereby authorised to cretary, appoint and employ such secretary, clerks, messengers, and clerks, &c. officers, not exceeding in the whole one secretary, twenty clerks, one messenger, and two other officers, as they shall think meet, and to administer to each of the said secretary, clerks, and officers, an oath for his true and faithful demeanor in all things relating to the due performance of any trust respecting the execution of this act reposed in him by the said commissioners, and in all other things touching the premises; which secretary, clerks, and officers are hereby required faithfully to execute and perform the said trust in them severally and respectively reposed, without taking any thing for such their service other than such salary or reward as the said commissioners shall think fit to direct and appoint in their behalf. sioners to persons and VII. And be it enacted, that, for the purpose of prosecut- Commising the inquiries and examinations by this act directed, the hold sittings said commissioners, or any one or more of them, shall from and summon time to time hold their or his sittings, with or without ad- send for journment, within the city of Westminster, or in any other papers. city, town, borough, hamlet, village, or place respectively in England or Wales, which to them or him shall appear most convenient for executing the purposes of this act; and the said commissioners or commissioner are or is hereby authorised to require, by precepts under their or his hands and seals or hand and seal, from any person or persons acting as a trustee or trustees for any of the said estates or funds, or having any concern in the management or administration of the same, or in the payment or receipt of any of the said funds or estates, or any charge upon any fund or estate applicable to any charitable uses or purposes as aforesaid, to render to the said commissioners or commissioner a true account, as 5&6 Will. IV. c. 71. No person obliged to travel more than ten miles. Commis far as consists with their knowledge, of all that relates to such funds or estates as aforesaid under their trust or management, or on account of which they may have acted in making or receiving payments; and, as often as need shall be, to send their or his precepts, under their or his hands and seals or hand and seal, for any person or persons whomsoever to attend them or him, and require such person or persons to bring with him, her, or them any deed, paper, writing, instrument, or other document being in his, her, or their custody and possession, and relating to any such estates or funds, or the produce thereof, or to the receipt or application or nonapplication or misapplication thereof, which shall in the judgment of such commissioners or commissioner be conducive and necessary to the due execution of the purposes of this act; and every person to whom such precept shall as aforesaid have been addressed and delivered is hereby required and directed punctually to attend the said commissioners or commissioner at such time and place as shall for that purpose have been appointed; and to every such person or persons may be paid such sum of money as in the judgment of the said commissioners or commissioner shall be just and reasonable: provided always, that no such person shall be obliged to travel in obedience to such precept more than ten miles from his or her place of abode. VIII. And for rendering more effectual all such examinasioners em- tions as are intended to be had under this act, be it enacted, powered to examine that the said commissioners, or one or more of them, are or upon oath. is hereby authorised to examine upon oath, or upon the affirmation of persons exempted by law from liability to examination upon oath, (which oath or affirmation the said commissioners, or any one or more of them, are or is hereby respectively authorised to administer,) all persons whom the said commissioners, or any one or more of them, are or is by the provisions of this act empowered to call before them or him to be examined touching all matters and things necessary for the execution of the powers vested in them or him by this act. Examinations and IX. And be it enacted, that the said commissioners respecpapers to be tively shall and they are hereby required to cause the examitransmitted nations which shall be taken before them respectively, and all papers and documents being parts of such examinations, to be from time to time transmitted to the secretary of the said commissioners at their office in Westminster aforesaid. to office in Westmin ster. Penalties of false swear ing. X. And be it enacted, that in case any person upon exaperjury for mination on oath or upon affirmation, as the case may be, before the said commissioners or commissioner, shall wilfully and corruptly give false evidence, every such person so offending, and being thereof duly convicted, shall be and is hereby |