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Meetings for any Duty they may be required to perform under
them, including Copyings, Correspondence, and
In Counties where the Quota does not exceed
15 0 0
20 0 0 Above 400, and not exceeding 500
25 0 0 And where the Quota exceeds 500, the following Ad
ditions for every 100, or fractional Part of 100:
4 0 0
3 0 0 Above 2,000, and not exceeding 3,000
2 0 0 Above 3,000, and not exceeding 4,000
1 10 0 Above 4,000
1 0 0
ing summoned by the distinct Order of the
2 2 0 The actual Expense incurred in printing or advertising, and for
Postage, may be charged.
CA P. CXXIV.
[14th August 1855.]
able Trusts Act, 1853, as herein-after provided : Be it c. 137. therefore enacted by the Queen'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, as follows:
I. “ The Charitable Trusts Act, 1853,” herein-after called “the 16 & 17 Vict. principal Act,” and this Act, shall be construed together as One c. 137. and this Act, and any Provisions of the principal Act inconsistent with Act to be con
strued together. this Act are hereby repealed.
II. So much of the principal Act (Section IV.) as provides that As to Salary after the Thirty-first Day of March One thousand eight hundred of One Comand fifty-seven an annual Salary shall be paid to One only of the missioner. Commissioners besides the Chief Commissioner is hereby repealed.
III. It shall be lawful for Her Majesty and Her Successors, Power to apunder the Royal Sign Manual, to appoint additional Inspectors (not point additional
Charitable Trusts (1855).
exceeding Three in Number) for the Purposes of this Act and the Charitable Trusts Act, 1853, and such additional Inspectors shall hold Office during Pleasure, and shall be possessed of the same Powers, Authorities, and Jurisdiction, and be entitled to the same Privileges and Emoluments, as the Inspectors appointed under the
said former Act of One thousand eight hundred and fifty-three. Acts of Board, IV. Every Act of the Board may be sufficiently authenticated how to be au- by the Seal of the Commissioners, and the Signature of their thenticated.
Secretary, or in his Absence of the Chief Clerk. Entries in and V. Ali Orders, Certificates, Schemes, and other Documents issued Extracts from under the Seal of the Board shall be deemed and taken to be the Board, how to Originals, and Copies thereof shall be entered in the Books of the
Board, and all such Entries may be sufficiently certified by be authenticated.
the Signature of the Secretary, or in his Absence of the Chief Clerk : Every Order, Certificate, Scheme, and other Document purporting to be sealed with the Seal of the Board, shall be received in Evidence without further Proof; and any Writing purporting to be a Copy extracted from the said Books, and to be certified as aforesaid, shall be received in Evidence in like
Manner. The Powers of VI. The Board, or any Commissioner or Inspector, such Inspecthe Commis.
tor acting under the Authority of the Board, may require written sioners and Inspectors to
Accounts, and Statements and Answers to Inquiries relating to inquire into any Charity, or the Property or Income thereof, to be rendered or Charities ex- made to them respectively by all or any of the following Persons ; tended.
that is to say,
of the Charity, its Property or Income, or in the Receipt or
Payment of any Monies thereof :
Income or Stipend therefrom :
concerning the Charity or any Property thereof:
Trust or Charge alleged to affect the same. Power to re- VII. The Board, or any Commissioner or Inspector acting as quire Trustees aforesaid, may require all or any such Trustees and Persons as and others to
aforesaid to attend before them respectively at such Times and attend and be examined.
Places as may be reasonably appointed, for the Purpose of being examined in relation to the Charity, and to answer such Questions as may be proposed to them, and to produce upon such ExaminaCharitable Trusts (1855).
tion, any Documents in their Custody or Power relating to the Charity or the Property thereof, and may examine upon Oath or otherwise all such Persons and all Persons voluntarily attending, and may administer such Oath : Provided always, that no Person shall be obliged to travel in obedience to any such Requisition more than Ten Miles from his Place of Abode.
VIII. All Requisitions made under the foregoing Authorities Orders, &c. how shall be made respectively by the Order of the Board, or by Pre- to be made. cept, under the Hand of the Commissioner or Inspector making the same.
IX. Any Person refusing or wilfully neglecting to comply with Persons not any such Requisition, or with any Order of the Board, made under complying with the Provisions of this Act, or the principal Act, or destroying or
Requisitions, withholding any Document required to be produced or transmitted Contempt of by him, shall be taken to be guilty of a Contempt of the High Court of Chan. Court of Chancery, and shall be liable to be attached and com- cery. mitted by such Court, on summary Application by the Commissioners to the same Court or to any Judge thereof, and shall pay such Costs attending such Contempt as the said Court or Judge shall direct : Provided always, that the Court may at any Time discharge, on such Terms as it may deem just, any Person attached or committed on any such Application, or on any Application made under Section Fourteen of the principal Act.
X. Where any Parish or Ecclesiastical District entitled to the Power to apBenefit of a Charity, has or shall have been divided into separate portion ParoParishes or Ecclesiastical Districts, and no Apportionment of chial Charities Charities originally applicable to the Parish or District so divided, of Parishes. shall have been made by Parliament, or other competent Authority, the Board, in respect of all Charities, the gross annual Income whereof does not for the Time being exceed Thirty Pounds, may apportion the Benefit of the Charity between each new Parish or District, or any Portion thereof taken from the Parish or District originally entitled to the whole Benefit, and the Remainder of such last-mentioned Parish or District, in such Manner and such Proportions as, upon a Consideration of the Purposes of the Charity, the Population of each Parish or District, and other Circumstances, they may think fit, and may also apportion the principal Endowments between such Parishes or Districts, if it be thought fit, and may appoint separate Trustees of any Part of the Endowments.
XI. The Certificate of the Board, that according to their Evidence as to Judgment the gross yearly Income of any Charity does not, for Income of a the Time being, exceed Thirty Pounds, shall be sufficient Evidence Charity not of the Amount of such annual Income for the Purpose of deter- exceeding 30l. mining the Jurisdiction under the foregoing Provision.
XII. Any Court or Judge having Jurisdiction to order the OfficialTrustees Transfer of Stock in the Public Funds, or Stock or Shares of any empowered to public Company, to the Official Trustees of Charitable Funds, shall call for Transhave Power also to authorize such Trustees to call for
fers of Stock,
a Transfer of and to transfer such Stock or Shares, and may also order the Payment to the same Trustees of any Principal Monies of any Charity, under the same Circumstances in which the Transfer of Stock to them may now be ordered.
Charitable Trusts (1855). Notices to be XIII. No Order for apportioning the Benefits of any Charity given of certain shall be made by the Board, until after such public Notices shall Orders of the
have been given of the Proposal to make the same, as the Board Board.
may consider expedient, for insuring Publicity in each Parish or District in which the Charity is or ought to be applied, or among all Persons interested therein, nor until after the Expiration of One Month from the Publication of such Notice; and every such Notice shall contain (so far as conveniently may be) sufficient Particulars of the proposed Order to show the Objects thereof, and shall prescribe a Time within which any Objections thereto
may be stated or transmitted to the Board. Proceedings
XIV. All Objections which may be made to any proposed Order upon the Re
shall be considered by the Board, who may suspend the making ceipt of Objec- thereof for further Inquiry, or may modify the same, as may be tions or Sug
found expedient; and a Copy of every such Order when made, gestions.
shall, in the Case of any local Charity, be deposited for the Space of One Month in some convenient Place within the Parish, or One of the Parishes, or the District in which the Charity is applicable, and also be open to Inspection at the Office of the Commissioners, and such Publicity shall be given thereto among all Persons interested in the Charity as the Board shall consider expedient; or if the Charity be not local, then a Copy of such Order shall be open to Inspection at the Office of the Commissioners, and public Notice thereof shall be given in such Manner as to the Board shall seem fit, and in Cases where there is a special Visitor, Notice shall
be given to him. The Official XV. The Secretary for the Time being of the Board shall be Trustee of
a Corporation Sole, by the Name of “ The Official Trustee of Charity Lands Charity Lands,” for taking and holding Charity Lands, and by constituted.
that Name (instead of the Name of “Treasurer of Public Charities") shall have perpetual Succession ; and all Land, or Estates or Interests in Land, now vested in the “ Treasurer of Public Charities” by that Name shall become, upon the passing of this Act, and by virtue thereof, vested in like Manner and upon the same Trusts in “ The Official Trustee of Charity Lands," and all Provisions of the principal Act which have reference to the Treasurer of Public Charities, shall operate as if the Name of the “ Official Trustee of Charity Lands,” had been used therein instead of the
Name of “ Treasurer of Public Charities." Power to XVI. The acting Trustees of every Charity, or the Majority of acting Trustees them, provided that such Majority do not consist of less than to grant Leases. Three Persons, shall have at Law, and in Equity, Power to grant
all such Leases or Tenancies of Land belonging thereto, and vested in the Official Trustee of Charity Lands, as they would have Power to grant, in the due Administration of the Charity, if the same Land were legally vested in themselves; and all Covenants, Conditions, and Remedies contained in, or incident to any Lease or Tenancy so granted, shall be enforceable by and against the Trustees or Persons acting in the Administration of the Charity for the Time being, and their Alienees or Assigns, in like Manner as if such Lands had been legally vested in the Trustees granting such Lease or Tenancy at the Time of the Execution thereof, and
Charitable Trusts (1855).
had legally remained in or bad devolved to such Trustees or Administrators for the Time being, their Alienees or Assigns, subject to the same Lease or Tenancy.
XVII. The Lord Chancellor may, from Time to Time, by Appointments Writing under his Hand, appoint any Persons to be jointly with of Official Trusthe Secretary for the Time being of the said Board, the Official tees regulated. Trustees of Charitable Funds, and remove any such Trustees, and every such Appointment or Removal shall be published in the London Gazette.
XVIII. The present Official Trustees of Charitable Funds, and Such Trustees their Successors, to be so appointed, shall have perpetual Succes- to have perpesion by the Name of “ The Official Trustees of Charitable Funds," tual Succession, and may hold by that Name Stock in the Public Funds, and Stock and may hold;
Funds in that and Shares of any public Company, Securities, and Monies, which Name. shall respectively devolve to their Successors, the Official Trustees of Charitable Funds for the Time being, without Transfer or Assignment.
XIX. All Stock in the Public Funds vested in the joint Names Funds to vest of Henry Morgan Vane, Thomas Hare, and Walker Skirrow, in Official TrusEsquires, the present Official Trustees of Charitable Funds, shall
, tees for Time upon the passing of this Act, be transferred by the Governor and being. Company of the Bank of England from their Names to the Account of the Official Trustees of Charitable Funds.
XX. The Official Trustees of Charitable Funds shall, for the Official Trustees Purposes of their Trust, keep a Banking Account in their official to keep BankName in the Books of the Governor and Company of the Bank of ing Account. England, and the Secretary of the Board shall keep separate Accounts of the Monies held upon such Account, and belonging to each separate Charity.
XXI. All Orders for Payment of any Money, held upon such Mode of drawBanking Account, shall be signed by One at least of the Official ing on the Trustees of Charitable Funds, not being the Secretary of the Banking AcBoard, and also by the Secretary, and shall be countersigned by count. One of the Commissioners, or shall be otherwise signed or authenticated in such Manner as the Lord Chancellor shall from Time to Time by Order under his Hand direct ; and such Orders shall be a sufficient Authority to the Bank paying the same for all such Payments.
XXII. Any Trustee or other Person may, on obtaining an Trustees may Order of the Board for the Purpose, transfer any Stock or pay any transfer Stock. Money to the Official Trustees of Charitable Funds in trust for any Charity.
XXIII. All Principal Monies belonging to any Charity directed As to Disposal to be paid to the Official Trustees of Charitable Funds shall be of Principal paid to their Account at the Bank, and, subject to any Order of Monies paid to the Court or Judge or of the Board by which respectively the
them. Payment shall have been authorized, shall be forthwith invested in the Public Funds in the Names of the Official Trustees of Charitable Funds, for the Benefit of the Charity to which they shall belong
XXIV. The Dividends arising from all Stock in the Public All Dividends Funds standing in the Name of the Official Trustees of Charitable and Interest
Funds due to Official