586 Will. IV. c. 71. General issue. son or persons acting under the authority or by the order of such commissioners, or any one or more of them, for any thing done or acted by him or them under this act, shall be commenced within six calendar months next after the fact committed in respect of which such action or suit shall be brought or commenced, and not afterwards; and the defendant or defendants in every such action or suit may plead the general issue, and give this act and the special matter in evidence at any trial to be had thereupon; and if such action or suit shall be brought or commenced after the time so limited for bringing the same, then the jury shall find a verdict for the defendant Treble costs. or defendants; and in such case, or if the jury shall find a verdict for the defendant or defendants upon the merits, or if the plaintiff or plaintiffs shall become nonsuit, or discontinue his, her, or their action after appearance, or if upon demurrer judgment shall be given against the plaintiff or plaintiffs, the defendant or defendants shall have treble costs, which he or they shall and may recover in such and the same manner as any defendant can by law in other cases. Previously ing reports, sioners may to file infor XXII. Provided always, and be it enacted, that previously to present to presenting any report the said commissioners shall give commis- directions, in all cases in which they shall think it fit, to the direct attor- attorney general to file informations in the courts of chancery ney general or exchequer on the matter arising out of such reports, and mations. shall not, nor shall any of the clerks or secretaries under this act, give any information touching any such matters to any person other than the attorney general or the persons employed by the said commissioners previous to the directions so by the said commissioners given to the attorney general. XXIII. And be it enacted, that this act shall continue in force until the 1st day of March, 1837. Continuance of act. Act may be amended XXIV. And be it enacted, that this act may be amended, this session, altered, or repealed by any act or acts to be passed in this present session of parliament. TABLE OF STATUTES RELATING EXCLUSIVELY TO 3 GEORGE III. c. 16, IRISH, S. 17. c. 16. GOVERNORS or trustees of charities under acts of parlia- 3 Geo. III. ment, may surrender on one month's notice in writing to the corporation, who may accept and proceed to the election of another governor or trustee in the place of the one resigning. 3 GEORGE III. c. 18, IRISH, A. D. 1763. An act for the better discovery of charitable donations and 3 Geo. III. bequests, amended by 40 Geo. III. c. 75 (b). c. 18. 28 GEORGE III. c. 15, IRISH, A. D. 1788. An act to enable the lord lieutenant or other chief gover- 28 Geo. III. nor or governors of this kingdom to appoint commissioners (b) For the better discovery of charitable donations and bequests, it is provided by the Irish stat. 3 Geo. III. c. 18, that the vicar general or his surrogate, and the register of the prerogative shall make a return to the bishop of the diocese, or to the archbishop of Armagh, at the annual visitation, or between 25th of March and 24th June in every year, of every charitable donation or bequest contained in any will which shall be entered in the office of such vicargeneral, &c., which return shall likewise contain the name of the testator, the names of the persons to whom probate of any such will, or letters of administration with such will annexed, shall be granted, with the date of such will, probate or administration; and copies of such returns, upon oath, shall be lodged with the secretary of commissioners of charitable donations and bequests (who are incorporated by the 40 Geo. III. c. 75, Irish), which copies shall be lodged between 1st July and 1st Nov. in every year; and every such officer who shall neglect to lodge such copy of such return with the secretary of the commissioners, shall forfeit 57. to be recovered by any person who shall sue by civil bill before any judge of assize in their circuits, or before any assistant barrister at the general sessions of the peace, or before the recorder of Dublin, as the case may require ; and executors or administrators are required within three calendar months to publish the charitable bequests in the Gazette three times successively. c. 15. c. 15. 28 Geo. III. for inquiring into the several funds and revenues granted by public or private donations for the purposes of education in this kingdom, and into the state and condition of all schools in this kingdom on public or charitable foundations, and of the funds appropriated for the maintenance and support thereof, and for the other purposes herein mentioned. act is revived and amended by 46 Geo. III. c. 122. This 53 Geo. III. c. 107. 53 GEORGE III. c. 107, 10th July, 1813. AN act for the appointment of commissioners for the regulation of the several endowed schools of public and private foundation in Ireland. This act is amended by 3 Geo. IV. c. 79. 4 Geo. IV. c. 32. 2 & 3 c. 85. 4 GEORGE IV. c. 32, 30th May, 1823. An act for the amendment of the laws respecting charitable loan societies in Ireland. This act is amended by 10 Geo. IV. c. 42. & 3 WILLIAM IV. c. 85, 3 August, 1832. An act to make a better provision for the superintendence Will. IV. of charitable institutions in Ireland, maintained in whole or in part by grand jury presentments, and for the more effectual audit of the accounts of the same. PART II. FORMS AND PRECEDENTS. Form of License in Mortmain granted to a College in Oxford (a). GEORGE the Fourth by the grace of God, &c. To all to whom these presents shall come, greeting. Whereas M. I. R. clerk, doctor in divinity, president, and the scholars of the college of St. Mary Magdalene, in the university of Oxford, have by their petition humbly represented unto us that the said society, consisting of above one hundred persons upon the foundation, in which number are forty fellows and thirty demies, who are considered as in succession to fellowships, are but meanly provided with ecclesiastical preferments, whereto they might present the fellows, and thereby promote a succession in the college, possessing only thirty-six livings, by which fellowships are commonly vacated. The petitioners therefore most humbly pray that we would be pleased to grant them our royal letters patent for them and their successors to purchase, or receive, or hold in mortmain any lands, tenements, advowsons, or other hereditaments, not exceeding the yearly value of 40007. Know ye therefore, that we of our especial grace, certain knowledge, and mere motion, have given and granted, and by these presents for us, our heirs and successors, do give and grant unto the said president and scholars of the college of St. Mary Magdalene, in the university of Oxford, and their successors, our especial license, full power, and lawful and absolute authority to purchase, or receive and hold in mortmain in perpetuity or otherwise, to or to the use of the said president and scholars and their successors, advowsons of ecclesiastical benefices, not exceeding in present value the yearly sum of 40001. over and above their present possessions. And we do hereby also, for us, our heirs and successors, give and grant our especial license, full power, and lawful and absolute authority to any person or persons, bodies poli (a) Ante, pp. 39-41. tic or corporate (otherwise competent), their heirs and successors, respectively, to grant, alien, sell, convey, and dispose of in mortmain in perpetuity or otherwise, to or to the use and benefit of or in trust for the said president and scholars and their successors, any advowsons of ecclesiastical benefices not exceeding in the whole in present value the yearly sum of 40007. over and above their present possessions. And lastly, we do hereby, for us, our heirs and successors, grant unto the said president and scholars and their successors, that these our letters patent, or the enrolment or exemplification thereof, shall be in and by all things good, firm, valid, sufficient and effectual in the law, according to the true intent and meaning thereof, notwithstanding the not naming or describing any of the advowsons to be granted, aliened, sold, conveyed, or disposed of in mortmain as aforesaid, or any other omission, imperfection, defect, matter, cause or thing whatsoever to the contrary thereof in anywise notwithstanding. In witness, &c. By writ of privy seal. FORMS OF INFORMATIONS RESPECTING CHARITIES (b). INFORMATION for the removal of the Master of a School, for the appointment of Trustees for the management of the School Property, and for the settlement of a scheme. IN CHANCERY. To the Right Honourable, &c. [name and title of Lord Chancellor] Lord High Chancellor of Great Britain. Informing, showeth unto your lordship, knight, his majesty's attorney general, by and at the relation of A. B., &c. &c., [several relators] (c), that by indentures of lease and release, bearing date respectively the tenth and eleventh Creation of days of July, 1663, and made between [donor], of the one part, and [trustees] of the other part, the said [donor] granted, released, and confirmed to the said [trustees], their heirs and assigns, divers manors, messuages, lands, and hereditaments therein particularly described, and amongst others, all the lands, tenements, and hereditaments of the said charity. (b) Although every information must necessarily be adapted to the particular circumstances of each case, it is conceived that some forms of general statements, which, with some variations, will be applicable to many cases, may be useful in a work of this kind. Some forms of informations will be found in the Equity Draftsman, Vol. I. 595611, 2nd edit. ; 2 Newl. Chanc. Pr. 83-90. (e) See ante, pp. 424-428. |