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persons under

23. Power to the board to sanction a compromise of claims on Compromise. behalf of for against (a)] any charity.

24. The board may, under special circumstances, authorise a Sale and exsale or exchange of charity lands, and

change. 25. May authorise the redemption of rent-charges.

27. Trustees of charities may, with the sanction of the board, Purchase from purchase sites for a house or building for the purposes of the disability. charity from owners under disability, or where, by reason of a defect in the title, a perfect assurance cannot be made, according to the provisions of the Lands Clauses Consolidation Act, 1845.

28. In cases of charities, the incomes of which exceed 301. per Jurisdiction annum, the Master of the Rolls and the Vice-Chancellors, upon applications to them at chambers, shall have the same jurisdiction as the Court of Chancery or the Lord Chancellor now has in a suit, or upon petition; but the Master of the Rolls, or either of the Vice-Chancellors, may, on any such application, direct that an information, bill, or petition, be filed or presented, as the case may require. (6)

32. The County Courts are to have jurisdiction where the County Courts. income does not exceed [501.], but

35. The board may direct such applications to be made before a judge of the [Chancery Division) in the first instance.

36. No order of a County Court for the appointment or removal of trustees, or approval of any scheme for regulating or directing the administration of any charity, shall be valid unless confirmed by the board.

37. The board, if dissatisfied with the order of the County Court, may remit the case for reconsideration, or transfer the same to a judge of the [Chancery Division].

39 and 40. As to appeal and proceedings thereon.

41. No judge of the [Chancery Division] or a County Court, Title. shall, upon any proceedings under this Act, have jurisdiction to try the title to real or personal property, as between the charity and the person claiming such property, or to try any question as to the extent of any charge or trust.

42. Such notice in such form and manner as the board shall Notice of direct, shall be given before any application for the establishment scheme, &c. or alteration of a scheme, or the appointment or removal of trustees.

43. Applications under this Act may be made by (1.) The Applications. Attorney-General; (2.) The trustees of the charity, or any one of them; (3.) Two or more inhabitants of the parish.

62. This Act shall not extend to the Universities of Oxford, Exemptions.

(a) 18 & 19 Vict. c. 124, s. 31.

(6) But in case of a London charity, the income need not exceed 30%. (sect. 30).

Disputes may be referred.

Cambridge, London, or Durham, or to places of worship; nor otherwise as in this section mentioned, but,

64. Disputes among members of exempted charities may be referred to the arbitration of the Commissioners by two-thirds of the members at a meeting convened for that purpose.

Land not exceeding one acre may be

Cesser of usage.

The Literary and Scientific Institutions Act, 1854.

17 & 18 VICT. 0. 112. 1. Any person having the present beneficial interest in freehold

or copyhold lands may grant, convey, or enfranchise, by way given under Act, of gift, sale, or exchange, in fee simple or for a term of years,

any quantity not exceeding one acre of such land, whether built upon or not, as a site for any such institution as hereinafter described.

No such grant made by a tenant for life shall be valid, unless the remainderman, if one, and if legally competent, join in such grant.

Where any waste or commonable land shall be gratuitously conveyed by any lord of a manor for any


the rights of commoners shall be barred.

4. Upon any land so granted by way of gift ceasing to be used for the purposes of the institution, the same shall revert, except that if the institution be removed, the land may be exchanged

or sold for the benefit thereof. Equitable 5. Any person equitably entitled, but not having the legal

estate, may convey for the purposes of this Act without the concurrence of the trustee or trustees; and land belonging to or vested in any infant or lunatic may be conveyed by his guardian or committee.

10. Any number of sites, not exceeding one acre each, may be granted for separate institutions.

14. The death of the grantor within twelve months from the grantor. execution of the deed shall not invalidate the same if otherwise

lawful. Application of 33. The Act shall apply to every institution for the promotion

of science, literature, the fine arts, for adult instruction, the diffusion of useful knowledge, the foundation or maintenance of libraries or reading rooms, for general use among the members, or open to the public, of public museums and galleries of works of art, collections of natural history, mechanical and philosophical inventions, instruments or designs, except the Royal Institution and the London Institution for the advancement of literature and the diffusion of useful knowledge.


Death of


The Charitable Trusts Amendment Act, 1855.

18 & 19 VICT. c. 124. 16. The acting trustees of every charity, or the majority of Leases of them (not being less than three persons), shall have power to charity lands. grant all such leases of land belonging to the charity, and vested in the official trustee of charity lands, as they would have power to grant in the due administration of the charity if such land were legally vested in themselves.

and removal of officers.

The Charitable Trusts Act, 1860.

23 & 24 Vict. c. 136. 2. The Board of Charity Commissioners shall have power, on Appointment the application of any person or persons authorised to apply by 16 & 17 Vict. c. 137, s. 43, to make orders for the appointment or removal of trustees of any charity, or other officer thereof, or for or relating to the assurance, transfer, payment, or vesting, of any real or personal estate belonging thereto, or for the establishment of any scheme for the administration of any such charity.

3. Previously to exercising such jurisdiction, the board shall give notice thereof to the trustees of the charity.

4. Such jurisdiction shall not be exercised with respect to charities whose income exceeds 501. except upon application of the trustees thereof, or a majority of them.

5. The board shall not exercise jurisdiction in cases which they consider more fit to be adjudicated on by any of the judicial courts.(a)

8. Power to appeal against the orders of the board, to the [Chancery Division].

An Act to Amend the Law relating to the Conveyance of

Lands for Charitable Uses.

nominal rent,

24 Vict. c. 9. 1. No deed or assurance hereafter to be made for any Reservation of charitable uses, of hereditaments of any tenure or any estate or mines, &c. interest therein, shall be void within the meaning of 9 Geo. 2, c. 36, by reason of the same not being indented, nor by reason of the same or any deed forming part of the same transaction, containing any grant or reservation of a nominal rent, or of any mines, or minerals, or easement, or any covenants as to erection or

(a) This section leaves a discretion to the board, and does not prevent them from exercising their jurisdiction in contentious cases, if they think fit: (Re Burnham National Schools, 17 Eq. 241.)



repair of buildings, the formation or repair of streets or roads, drainage, or nuisances, or covenants or provisions of the like nature, for the use and enjoyment as well of the hereditaments comprised in such deed or assurance as of any other adjacent or neighbouring hereditaments, or any right of entry on non-payment of any such rent or on breach of any such covenant or provisions, or any stipulations of the like nature, for the benefit of the donor or grantor, or any person claiming under him, nor (in case of assurances of hereditaments of copyhold tenure), by reason of the same not being by deed, nor in the case of such assurances made bonâ fide on a sale for full and valuable consideration, by reason of the same consisting wholly or partly of a rentcharge or other annual payment, provided that the donor, grantor, or vendor shall reserve the same benefits for his representatives as for himself.

2. In future cases, where the charitable uses of any deed shall be declared by any separate or other deed or instrument, the latter shall be enrolled in Chancery within six months after making the same, instead of such first mentioned deed, otherwise such first-mentioned deed shall be void.

3. No deed heretofore made, and under which possession is now held, for any charitable uses, of any hereditaments of any tenure, or any estate or interest therein, made bonâ fide for a full and valuable consideration, paid at or before the making thereof, or reserved by way of rent or other annual payment, or partly paid and partly reserved as aforesaid, without fraud or collusion, shall be deemed null and void within the meaning of 9 Geo. 2, c. 36, if such deed was made to take effect in possession for the charitable uses intended, immediately from the making thereof, and without power of revocation, and has been at any time prior to the passing of this Act, or shall be within twelve calendar months thereafter, enrolled in Chancery.

4. Where the charitable uses of any deed made for conveyance of any hereditaments for any charitable uses upon full and valuable consideration, and under which possession is now held for such uses, have been declared by any separate or other deed or instrument, and such separate deed only has been enrolled, such enrolment shall be sufficient, but if neither of such deeds has been enrolled, then such separate deed shall be enrolled within twelve calendar months after the passing of this Act, otherwise such first-mentioned deed shall be void.

An Act to extend the Time for making Enrolments

under the 24 Vict. c. 9.

25 Vict. 0. 17. 2. The 24 Vict. c. 9, comprises and extends to all heredita

Extent of 24
Vict. c. 9.


ments, whether of freehold or copyhold tenure, and to every estate and interest therein. 5. In all cases in which money shall have been really and Money laid out

in improvebona fide expended before the passing of this Act in the substantial and permanent improvement by building or otherwise for

any charitable use of land of any tenure whatsoever of which possession is now held by virtue of any assurance conveying or purporting to convey the same, or declaring any trusts or trust thereof for such charitable use, all money so expended shall be deemed, for the purposes of the said Act, equivalent to money actually paid by way of consideration for the purchase of the said land.

6. Nothing herein shall extend to render void any assurance already valid.

An Act to further Amend the Law relating to the Conveyance of Land for Charitable Uses.

26 & 27 VICT. C. 106. After reciting the 24 Vict. c. 9, and the 25 Vict. c. 17, it is enacted—

1. Every assurance by which any land shall have been demised Taking effect for any term of years for any charitable use, shall, for all the charitable uses. purposes of the said recited Acts, be deemed to have been made to take effect for the charitable use thereby intended immediately from the making thereof, if the term for which such land shall have been thereby demised was thereby made to commence and take effect in possession at any time within one year from the date of such assurance.

of demises for

deed lost or

An Act to further extend the Time for making Enrol

ments under the 24 Vict. c. 9.

27 VICT. C. 13. 3. In every case in which it may be impossible to enrol the Provision where original deed creating a charitable trust, by reason of the same destroyed. having been lost or destroyed by time or accident, but nevertheless, the trusts of such charity sufficiently appear by some subsequent deed appointing new trustees or otherwise reciting the trusts created by the original deeds, any trustee or other person interested in such trust may apply by summons to the [Chancery Division] for an order authorising the enrolment of such subsequent deed; and if the court shall be satisfied that such original deed has been lost or destroyed by time or accident, but that the trusts sufficiently appear by such subsequent deed, it may authorise the enrolment of such subsequent deed; and

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