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Trustees for the Time being, without any Conveyance or Assurance whatsoever.

tion Clause.

LXIV. In the Construction of this Act, except where the Context Interpretaor other Provisions of the Act may require a different Construc5 tion, the Expression "Court of Chancery" shall mean and include the Master of the Rolls and every Judge of the Court of Chancery in England; the Expression "Lord Chancellor" shall mean and include the Lord Chancellor of Great Britain and the Lord Keeper and Commissioners of the Great Seal of Great Britain for the Time being; the 10 Expressions" District Court of Bankruptcy" and "District Court" shall mean and include every District Court of Bankruptcy established or to be established under the Act of the Fifth and Sixth Years of the Reign of Her present Majesty, Chapter Twenty-two, or under any other Act or Acts passed or to be passed for the Alteration or 15 Amendment or the Extension of the same Act, or for the Establishment of any District Court or Courts of Bankruptcy in England or Wales, and every Commissioner or Judge of every such District Court; the Expression "County Court" shall mean and include every County Court holden or established or to be holden or established under the 20 Act of the Ninth and Tenth Years of Her Majesty, Chapter Ninetyfive, or any Act or Acts passed or to be passed for the Alteration or Extension of the same Act, and every Judge of any such Court; the Expression "Charity" shall mean every endowed Foundation and Institution taking or to take Effect in England or Wales, and coming 25 within the Meaning, Purvieu, or Interpretation of the Statute of the Forty-third Year of Queen Elizabeth, Chapter Four, or as to which, or the Administration of the Revenues or Property whereof, the Court of Chancery has or may exercise Jurisdiction; the Expression "Trustee" of any Charity shall mean and include every Person and Corpo30 ration seised or possessed of or entitled to any Real or Personal Estate, or any Interest therein, in trust for or for the Benefit of such Charity, or all or any of the Objects or Purposes thereof, and every Member of any such Corporation; and the Expression "the Board" shall mean the said Charity Commissioners sitting as a Board under this 35 Act; and the Expression "Endowment" shall mean and include all Lands and Real Estate whatsoever, of any Tenure, and any Charge thereon, or Interest therein, and all Stocks, Funds, Monies, Securities, Investments, and Personal Estate whatsoever, which shall for the Time being belong to or be held in trust for any Charity, or for all 40 or any of the Objects or Purposes thereof; and the Expression "Land" shall extend to and include Manors, Messuages, Buildings, Tenements, and Hereditaments corporeal and incorporeal of every Tenure and Description.

869.

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LXV. This

Extent of Act.

Short Title.

LXV. This Act shall not extend to Scotland or Ireland.

LXVI. This Act may be cited as "The Charitable Trusts Act,

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[AS AMENDED IN COMMITTEE.]

ARRANGEMENT OF CLAUSES.

Preamble.

Her Majesty empowered to appoint Charity Commissioners, Secretary, and Inspectors; Sect. 1.

Qualification of Commissioners; 2.

Officers of the Board; 3.

Salaries; 4.

No paid Commissioner, Secretary, or Inspector to sit in House of Commons; 5.

Style of Commissioners, who may sit as a Board; 6.

Board to frame General Minutes; 7.

Minutes of Proceedings and Orders, &c. to be entered, and Copies of Entries signed by the Secretary to be received in Evidence; 8. Board to inquire into Condition and Management of Charities; 9. Power to require Accounts and Statements; 10.

Officers having Custody of Records to furnish Copies and Extracts, if required by Board; 11.

Inspector may examine Witnesses on Oath; 12.

Persons giving false Evidence, &c. to be guilty of a Misdemeanor; 13.
Saving for Persons claiming adversely to Charities; 14.
Board to entertain Applications for their Opinion or Advice. Persons
acting on Advice of Board to be indemnified; 15.

Notice of legal Proceedings as to any Charity by any Person, except the Attorney General, to be given to the Board. Courts not to entertain Proceedings as to Charities, except upon Certificate of the Board; 16.

Saving for the Attorney General acting ex officio; 17.

Board may, upon the Report of an Inspector, authorize Proceedings, where no Notice has been given to them, and may in other Cases cause local Inquiries by their Inspector; 18.

Power for Board to certify certain Cases to the Attorney General ; 19. Board

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Board may sanction Building Leases, working Mines, doing Repairs, and Improvements; and may authorize the Application of the Charity Funds or the raising of Money on Mortgage for those Purposes; 20.

Commissioners to authorize Trustees to remove Officers; 21.

Board may sanction Compromise of Claims on behalf of Charity;

22.

Board, under special Circumstances, may authorize Sale or Exchange of Charity Lands; 23.

Board may authorize the Redemption of Rentscharge; 24.
Leases, Sales, &c. authorized by the Board to be valid; 25.

Trustees of Charities enabled to purchase Sites for building from
Owners under Disability, &c., according to the Provisions of Lands
Clauses Consolidation Act, 1845; 26.

In Cases of Charities the Incomes of which exceed 301. Master of the Rolls and Vice Chancellors, upon Applications to them at Chambers, to have the same Jurisdiction as the Court of Chancery or Lord Chancellor now has upon Information, &c. ; 27.

Provision as to Charities within the Jurisdiction of the Court of Chancery of the County Palatine of Lancaster; 28.

Provisions as to Charities the Incomes whereof exceed 30l. to extend to Charities in the City of London the Incomes whereof do not exceed 307.; 29.

Lord Chancellor, with the Advice of Master of the Rolls and Vice Chancellors, or Two of them, to make General Orders; 30. District Courts of Bankruptcy and County Courts to have Jurisdiction in Cases of Charities the Incomes of which do not exceed Thirty Pounds; 31.

Deputy sitting for County Court Judge not to exercise Jurisdiction under this Act; 32.

Where Two or more District or County Courts have concurrent Jurisdiction, Board to direct to which Court Applications shall be made; 33.

Board may direct Cases within the Jurisdiction of a District or County. Court to be taken before a Judge of the Court of Chancery in the first instance; 34.

No Order of District or County Court for the Appointment or Removal of Trustees or Approval of a Scheme to be valid unless confirmed by Board; 35.

Board, if dissatisfied with the Order of District or County Court, may remit the Case for Reconsideration, or may transfer the Matter to a Judge of the Court of Chancery; 36.

How

How Orders of District or County Court under this Act to be enforced; 37.

Appeal; 38.

Proceedings on Appeal. Bond to prosecute Appeal may be put in Suit; 39.

Chancery Judge or District or County Court in Proceedings under this Act not to try Titles, &c.; 40.

Notice to be published of Application for Schemes or Appointment or Removal of Trustees under this Act; 41.

By whom Applications may be made; Attorney General may petition under 52 G. 3. c. 101.; 42.

Statement in Certificate of Board of the Amount of Income of any Charity to be sufficient Evidence for determining the Jurisdiction or Proceedings under this Act; Proviso as to particular Endowments; 43.

Lord Chancellor to make Orders for regulating Proceedings before District and County Courts, and subject thereto Judges to regulate Proceedings; 44.

In cases of Charities for exclusive Benefit of Persons of a particular Religion, Trustees to be of same Religion; 45.

Reservation of Rights and Privileges of Church of England with respect to Charities; 46.

Secretary to be Treasurer of Charities; such Treasurer to be a Corporation; 47.

Land holden upon Trust for a Charity, subject to Jurisdiction of Court of Chancery and of Judge, may be vested in Treasurer. Proviso; 48.

Orders may

be made revesting Land, &c., in the Trustees of the Charity; 49.

Treasurer to be a Bare Trustee; 50.

Judge may order Trustees, &c. holding Stock, &c. belonging to a Charity subject to his Jurisdiction to transfer same to Official Trustees; 51.

Secretary to keep separate Accounts of Funds of each Charity; 52.

Trustees may deposit Deeds or Muniments for Security in a Repository provided by the Board; 53

Power to Board to frame Schemes for the Appropriation of Charitable Property to varied Trusts; 54.

Notice to be given before Approval of Schemes and Objections may be submitted for the Consideration of the Board; 55. Board may alter or modify or approve of Schemes; 56.

869.

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