The Law of Charities and Mortmain (Google eBook)

Front Cover
Reeves and Turner, 1889 - Charities - 1047 pages
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Contents

Superstitious Uses
18
SECT PAGE
24
Statutory Restriction on Gifts to Charity 2628
26
Board may approve schemes for letting charitable property 562
40
SECT PAOE 48 Establishment of new governing body for management of charity funds 723
48
Commissioners to make regulations for nomination of members
49
SECT PAGE
51
BKCT
54
Persons acquiring interest after passing of Act to
65
Jurisdiction of Visitors 6788
67
Jurisdiction of the Courts 88
88
Construction and Ascertainment of Trusts
103
Continuance of Trust 109
109
Religious Restrictions in NonRoligious Charities
116
Establishment of Charities
123
Doctrine of Cypres 136173
136
Doctrine of Cyprescontinued paoe
143
Sect EELApportionment of Charities 173176
173
Appointment and Eemoval by Court 183187
183
Selection of Trustees 190195
191
Copyholds 200202
200
Chaplains and Curates 207213
209
Ministers of Dissenting Chapels 213218
217
of governing body c 723 724
228
Regulation and Management
230
Alienation of Charity Property 249287
249
CHAPTER X
288
Bomedies against Trustees c 299310
299
CHAPTER XI
311
Petition and Summons 328342
328
County Courts 343
343
Costs 344356
351
CHAPTER XIII
357
Duties on Property of Corporate and Unincorporate Bodies 366
366
Mortmain 371376
371
BECT Paet I Mortmain
381
Power to remedy omission to enrol within requisite time 419423
419
Assurances for certain universities colleges and societies 425429
425
Adaptation of law to system of land registration38 39 Vict
439
CHAE1TY COMMISSION ACTS
445
THE ENDOWED SCHOOLS ACT 1873
457
SECT
466
Officers having custody of documents relating to any charity shall
472
Saving for the AttorneyGeneral acting ex officio 482
482
Board may sanction compromise of claims on behalf of charity 488489
488
Board may authorize the sale or redemption of rentcharges 492
492
Lord Chancellor with the advice of the Master of the Bolls
498
Appeal from order of County Court 504
504
Lord Chancellor to make orders for regulating proceedings before
510
Secretary to keep separate accounts of the stock c of each
515
Exemptions from operation of Act 522528
522
Exempted charities may petition Commissioners to have benefit
528
Extent of Act
534
The Official Trustees of Charitable Funds may be empowered
540
Land hold upon trust for a charity may in certain cases be vested
542
For the regulation of transfers and payments to or by the official
546
Construction of sects 55 and 59 of 16 17 Vict c 137 654
554
Board to notify to trustees of charity their intention of exercising
565
Bemoval of masters and mistresses of schools 571
571
Accounts of official trustees to be laid before Parliament 573
573
fi The trusts of charities in the absence of written documents
579
SECT PAOE 4 Amendment of sect 3 of 23 24 Vict c 136
584
Appeals under 23 24 Vict c 136 686
586
Application by exempted charities to have benefit of Act See 16 17 Vict c 137 s 3 588 689
588
Extension of part of Acts to registered places of religious worship 589
589
Treasury to fix scale of feesScale to be laid before Parlia ment 590
590
Repeal
591
THE CHARITABLE TRUSTS ACT 1887
592
Appointment of assistant commissioners 692
593
Provision for absence of secretary 693
594
Declaration as to power of Official Trustee of Charity Lands to take and hold land
595
Schedules
596
THE ENDOWED SCHOOLS ACT 1869
597
Short title
598
ments cathedral schools c 608609
608
As to religious education in day schools 609
609
As to religious education in boarding schools 610611
610
Governing body not to be disqualified on ground of religious opinions 611
611
Masters not to be required to be in holy orders
612
Transfer of jurisdiction of visitors
615
Abolition of jurisdiction of ordinary as to licensing masters
616
New endowment mixed with old buildings c
619
Claims of cathedral schools against Ecclesiastical Commissioners 620621
620
As to alteration of schemes 621
621
Procedure for making Scheme 31 Appointment of Commissioners
623
Procedure for establishing schemes 624
624
As to printing and publication of draft schemes
625
Objections and suggestions respecting scheme and alternative scheme
626
Approval of Committee of Council on Education to schemes627
627
Consent of college or hall
628
Proceedings wheie scheme is remitted
631
Exception as to schemes for endowments under 100Z
632
Scheme to take effect
633
Schedulb
657
WELSH INTERMEDIATE EDUCATION ACT 1889
658
Schemes for Intermediate Education 3 Schemes by joint education committee32 33 Vict c 56 659
659
Restrictions on powers of joint education committee 660
660
Establishment of joint education committee 661
661
Transfer of powers of Endowed Schools Commissioners to Charity
662
Contributions from county rate
663
Contribution from Treasury
664
Supplemental Provisions 11 Duration of powers of joint education committee and suspen sion of powers of Charity Commissioners
665
Construction of Act in relation to endowments applicable to pur poses thereof 666
666
Exemption of schemes from certain provisions of Endowed Schools Acts
667
General definitions32 33 Vict c 5636 37 Vict o 87
668
of one diocese for the bishop of another as to certain trusts 4c 670
670
Order to be made on the application of the bishops or of one of them c
671
Act not to affect certain endowments c
672
Upon application of trustees of any charity Commissioners may grant certificate of registration as a corporate body 673675
673
Estate to vest in body corporate 675676
675
Particulars respecting application
676
Liability of trustees and others notwithstanding incorporation
677
Commissioners to keep record of applications for certificates
678
Gifts to charity before incorporation to have samo effect after wards
679
Definition of termspublic charitable purposes trustees680
680
Short title
681
THE PRISON CHARITIES ACT 1882
682
THE ALLOTMENTS EXTENSION ACT 1882
684
Interpretation36 37 Vict o 19
685
Power to let lands inconveniently situated 687
687
Saving old rights
688
Where lands are held partly for benefit of poor
689
In case of neglect of trustees to publish notice 690
690
Arrears of rent and in case of refusal of tenant to quit8 9
692
Letting of allotments 693695
693
Provision for allotments in scheme of Charity Commissioners
695
ALLOTMENTS ACT 1887
697
Application of Act
698
Appointment of additional Charity Commissioners 699
699
Duration of powers of Commissioners
700
Commissioners to inquire into the charity property and classify same in two schedules one of ecclesiastical and the other of general charity property ...
701
Where property is mixed Commissioners to apportion ecclesiastical and general
702
Commissioners to publish result of inquiry
703
Person claiming vested interest not recognized by Commissioners or denying existence of charitable trust may apply to High Court of Justice 703
704
Provisions to be inserted in schemes relating to parishes in First Schedule 705707
705
Schedule 707710
707
Schemes relating to parishes in First Schedule to this Act may provide for union of governing bodies
710
Commissioners may create new bodies of trustees
711
More schemes than one may be made and other objects provided for
712
Saving for endowments less than fifty years old
713
Commissioners to receive suggestions respecting schemes
714
Petitions may be addressed to her Majesty in Council in certain cases 715
715
Proceedings where scheme is remitted
716
Exception as to schemes for endowments under 100
717
Amendment of schemes 718
718
Evidence of scheme
719
Temporary restrictions of powers of Charity Commissioners Court c
720
Service of notices
721
Eequisitions c to be under seal
722
8chemes to contain no preference for any religious denomination
724
Saving for endowments at Christs Hospital
725
SchedulesThe First Schedule
726
Short title 728
728
Abolition of special judicial bodies exclusive rights of trading exempting from juries c 729
729
Future abolition of corporations oxcept as provided by new charter or by scheme under 40 41 Vict c 69 730
730
Saving for new charters and for charities 731
731
Inquiry as to places mentioned in first part of First Schedule
732
Scheme of Local Government Board respecting places under local boards or improvement commissioners14 45 Vict o 5038 39 Vict c 55 733
734
Eeservation of rights of property and beneficial exemptions to freemen their wives and children 737740
737
Saving for vested interests 740741
740
Saving for powers of Committee of Council and Charity Commis sioners
741
Saving as to Winchelsea
742
Repeal of Acts and charters 748
748
SHE BECBEATION GEOTJNDS ACT 1859
754
Church Building Act 43 Geo TH c 108 759761
759
Service of Notices 14 15 Vict o 56 777778
777
Extent of Act 685
783
Municipal Corporations Act 1882 45 46 Vict c 50 ss 118133
784
Form for rendering Accounts 789792
792
Form of Application for an Order or Certificate of the Board
798
Conditions of Sale
804
Form of Application for an Order of the Board of Charity
808
AGRICULTURAL HOLDINGS ENGLAND ACT 1883
812
Form of Application to the Board to approve Provisional
814
subject
816
Poor
827
No rv Wesleyan Methodist Chapel and Ministers House
836
Endowed Schools Acts Application of Noneducational
848
Att Gen v Moises 855859
855
Note A Directory Powers 864867
864
Definition of endowment 598
939
Bestriction of powers of Charity Commissioners Court c 635
940
Form of Application for an Order of the Board appointing
958
INDEX 871 et
966
Provision as to local authorities and officers45 46 Vict c 50
985

Common terms and phrases

Popular passages

Page 253 - Money to be paid into the Bank of England in the Name of the Accountant General of the Court of Exchequer.
Page 783 - Any notice, if served by post, shall be deemed to have been served at the time when the letter containing the same would be delivered in the ordinary course of the post; and in proving such service it shall be sufficient to prove that the letter containing the notice was properly addressed and put into the post office.
Page 774 - The costs of all such conveyances shall be borne by the promoters of the undertaking, and such costs shall include all charges and expenses incurred, on the part as well of the seller as of the purchaser, of all conveyances and assurances of any such lands, and of any outstanding terms or interests therein, and of deducing, evidencing, and verifying the title to such lands, terms, or interests, and of making out and furnishing such abstracts and attested copies as the promoters of the undertaking...
Page 766 - ... several persons or things as well as one person or thing ; and every word importing the masculine gender only shall extend and be applied to a female as well as a male.
Page 304 - In any action or other proceeding against a trustee or any person claiming through him, except where the claim is founded upon any fraud or fraudulent breach of trust to which the trustee was party or privy, or is to recover trust property, or the proceeds thereof still retained by the trustee, or previously received by the trustee and converted to his use...
Page 772 - ... be paid into the Bank, in the name and with the privity of the accountant general of the Court of Chancery in England...
Page 291 - Trustee, or any Person claiming through him, to recover such Land or Rent, shall be deemed to have first accrued...
Page 719 - ... deemed to have been served and received respectively at the time when the letter containing the same would be delivered in the ordinary course of post, and in proving such service or sending it shall be sufficient to prove that it was properly addressed and put into the post...
Page 773 - ... party entitled thereto to receive the same, or to convey or release the lands in respect whereof the same shall be payable, or by reason of the wilful neglect of any party to make out a good title to the land required...
Page 767 - It shall be lawful for all parties, being seised, possessed of, or entitled to any such lands, or any estate or interest therein, to sell and convey or release the same to the promoters of the undertaking, and to enter into all necessary agreements for that purpose ; and particularly it shall be lawful for all or any of the following parties so seised, possessed, or entitled as aforesaid so to sell, convey, or release (that is to say), all corporations, tenants in tail or for life...

Bibliographic information