Imágenes de páginas


shall be on board as cargo any horses, cattle, gunpowder, peculiar merit of this scheme would seem to consist in vitriol, lucifer matches, guano, green hides, or any other establishing a safeguard against a majority (and the article, whether as cargo or ballast, which, by reason of particular number of which that majority is to consist its nature or quantity, shall be deemed by the emigration seems to be of little importance) finding a perverse officer at the port of clearance likely to endanger the verdict. There also should be a time fixed during health or lives of the passengers, or the safety of the which unanimity is essential in order to secure the adship.” (Sect. 26). “Nor unless the ship shall have vantage of full deliberation. Six, and not, as the com, been surveyed, under the direction of the emigration missioners have recommended, twelve, hours would officer at the port of clearance, but at the expense of be amply sufficient for this purpose. In a recent numthe owner or charterer thereof, by two or more com- ber you pointed to the extraordinary conclusions which petent surveyors, to be appointed by the Colonial, under the existing system are sometimes arrived at. Land, and Emigration Commissioners for each port; Legislation is required upon the subject, and the thinking nor unless it shall be reported by such surveyors that part of the community would hail with pleasure a meathe ship is in their opinion seaworthy, and fit in all sure which should have for its object & sound and wellrespects for her intended voyage.” (Sect. 16). A ship devised alteration in the existing system. fitted up for a voyage to Melbourne had been duly

I am, Sir, surveyed by three surveyors under this clause; but

Your obedient servant, after she had commenced loading, the emigration officer

G. F. saw the ship, and, acting bona fide in the discharge of his duty, declined to give his certificate, on the ground

Rebiew. that the ship was eighteen inches too deep in the water, and must be lightened at least a foot. He did not object to any articles loaded in the ship, and there A Treatise upon the Law of Life Assurance, upon the were, in fact, none of the prohibited articles on board.

Constitution of Assurance Companies, the Construction In an action against him for refusing the certificate,

of their Deeds of Settlement, the sale of Reversionary the Court held that he was justified in his refusal under

Interests, and Equitable Liens arising in connexion the statute, if he thought the quantity of the cargo such

with Life Policies; with an Appendix of Precedents as to endanger the ship, and that his discretion in this for the Assignment of Policies by way of Sale, Mort

gage, and Settlement; Notes of Cases, Statutes, and respect was not affected by the report of the surveyors under the 16th section. (Steel v. Schomberg, 24 L. J.,

Index of Private Acts obtained by Assurance ComQ. B., 87).

panies. By CHARLES John BUNYON, Esq., M.A., of This is an important decision, as tending to enlarge,

the Inner Temple, Barrister at Law. rather than restrain, the powers vested in the emigra

[Wildy & Sons, 1855.] tion officer for the safety of the public.

The subject of life assurance is one of general in

terest, both in a commercial and social point of view. Correspondence.

Mr. Bunyon has thus described the uses to which it may be put:

• By this means the merchant or professional man THE JURIST."

may secure for his family, by anticipation, that proSIR,—A correspondent in your last number suggests vision which would otherwise have required a long that special jurors should be summoned to try cases 'life of care to obtain. The debtor, whose income is which affect the life of individuals and the safety of the dependent on his life and exertion, may protect his public, or that a verdict returned by a majority of eight creditor from that loss which his early death would of the jury, and sanctioned by the judge, should be occasion, and thereby obtain time and opportunity for equivalent to an unanimous finding. If trial by jury the gradual extinction of his liabilities. The tenant is to be maintained as an institution of the country, it for life, or the annuitant, the lessee for lives or years is a matter of the utmost importance that it should, as determinable with lives, or the copyholder, may, by & an institution, be as perfect as possible, not calculated, moderate payment proportionate to his means, obtain on the one hand, to stand between crime, and the for his property the advantages of a permanent inpunishment which should follow its commission; or, vestment, and thus in the latter case relieve it, at on the other hand, to press upon the liberty of the least to a great extent, from the onerous character of subject, by affording opportunity for partiality or pre- its tenure. (P.2). judice to kick the beam of justice. In the ordinary Life assurance, then, bein so useful and so varied in its criminal cases tried at assizes and sessions the class of application, there was need of a practical exposition of persons from whom jurors are chosen may be as capable the law by which the relative positions of the insured as those in a higher and more educated sphere of de- and the insurer, or, in other words, the public and ciding upon the simple facts brought before them; but those associations by which life assurance is conducted, not so in cases of a more complicated nature, where not are defined, and the constitution of the latter reguonly much acumen and intelligence, but also a vigilant lated. Mr. Bunyon has brought legal ability to the and lengthened mental attention, is required. For the execution of his task, and has produced a text-book trial of cases of this description, amongst which mur- which we can recommend to the Profession and the der should undoubtedly be classed, I can see no ob- public, and more especially to that class of the latter jection to the summoning of special jurors. It has been who fall under the denomination of directors, actuaries, said that the principle of requiring unanimity in a jury managers, and secretaries, too many of whom, we fear, is attended at least with one practical advantage of the enter upon their duties with little, if any, knowledge of utmost importancethat, in the event of a difference of the highly onerous and responsible trusts imposed upon opinion, it secures a discussion, and enables any one them. The first chapter is devoted to the consideradissentient juror to conipel the other eleven fully and tion of "the nature of the contract” at common law, carefully to reconsider the question. In the Third Re- and as modified by statute. It must be satisfactory to port of the Common-law Commissioners it was recom- Mr. Bunyon to know that his strictures upon the case mended, that if, after a deliberation of twelve hours, of Godsall v. Boldero (9 East, 72; 2 Smith's L. C. 157) nine out of the twelve concurred, their verdict should have lately received the judicial sanction of the Exbe received. The only novelty in the suggestion of chequer Chamber in Dalby v. The India and London your late correspondent is in requiring the sanction of Life Assurance Company, (18 Jur., part 1, p. 1024); the judge to the verdict of a majority of eight. The also by Sir W. P. Wood, V.C., in the still more recent


decision of Law v. The London Indisputable Life Policy Courts have put upon them, are fully discussed, the Company, (1 Jur., N. S., part 1, p. 178). Although at subject being well closed by Lord St. Leonards' observathe present day, owing to the competition in life in- tions in Anderson v. Fitzgerald (21 Law T. 245, Dom. surance business, and the odium which attaches to Proc.) upon the general rules of construction applicable any society disputing a claim by the representatives to such instruments. “A policy," said his Lordship, of the insured, there is less risk of the purpose for “ought to be so framed that he who runs may read'which an assurance has been effected being ultimately

with such deliberate care that no form of expression defeated by the insurers disputing their liability, yet by which the party insured can be caught on the one to clearly and precisely define the nature, as well as hand, or by which the company can be cheated on the arrange the basis, of their contract, is palpably the other, should be found on the face of it, and nothing duty and interest of both contracting parties. This is should be wanting in it the absence of which may true of all contracts, but more especially of that with : lead to such result.” (See p. 80). The subject of the which we are now concerned, inasmuch as to one of the indisputability of a policy, when once issued, has occuparties, the insured, the consequences of a miscarriage pied much attention, and created some discussion-not might be the defeating the end and purpose of many so much, perhaps, with the legal as with the insuring years' self-denial and industry. The following extract world: with the former it has, we believe, never been from the second chapter, in which “the proposal” is seriously doubted (as Mr. Bunyon observes, p. 81) treated of, deserves attention :

" that a condition, that the insurers shall not raise any “ The insurers, it may be assumed, prior to the con-'objection even in the case of fraud, is a void contract, are entirely ignorant of the premises upon which dition." 'it may be founded, and must depend for them upon

Insurances against accidents, insurance against the the insured; his statements are therefore the basis birth of issue, and guarantie policies, as partaking in upon which the contract proceeds, and their truth, as their nature of the character of life insurance, are not to all material points, is essential to its validity. It inappropriately introduced into the treatise. Under the ' is important to observe, that the principle upon which head of the constitution of assurance offices” Mr. the maxim caveat emptor' is founded does not apply Bunyon has put before his reader the requirements, to the contract of insurance. Not only must the party effect, and general operation of the Joint-stock Comproposing the insurance abstain from making any de- panies Act, 7 & 8 Vict.c. 110; and in the same chapter ceptive representation, but he must observe the utmost has shewn how companies may be dissolved, and to degree of good faith, uberrima fides. Not only is he what cases the Winding-up Acts apply. Next follows required to state all matters within his knowledge a chapter upon charters of incorporation, and the conwhich he believes to be material to the question of struction of deeds of settlement, and private acts of the assurance, but all which, in point of fact, are so. Parliament to amend deeds of settlement, in which the

If he conceals anything which he knows to be mate powers and position of the members, both as between ‘rial it is a fraud. But besides that, if he conceals themselves and strangers, are pointed out. Societies anything which may influence the rate of premium established under the Friendly Societies Acts enjoyed which the underwriter may require, although he does peculiar immunities in respect of life insurance to a not know that it would have that effect, such conceal- limited extent. These privileges were, however, taken ment entirely vitiates the policy. An entire disclo- advantage of by companies not within the intention of sure must then be made of all material facts known to the acts, and have been gradually withdrawn. Mr. the insured ; and not only so, but all representations Bunyon has pointed to the successive measures of the made by him as to material facts must be substan- Legislature upon the subject, and the alterations in tially correct; and to this may be added, that where the rules of friendly societies rendered necessary by a representation amounts to a warranty, it must not such enactments, which, as he observes, appear to have only be substantially, but literally, true." (P. 30). been little better than experiments. A chapter

The author then proceeds to deal with the state-cerning the powers and duties of directors, officers, ments required in the declaration or proposal, and to

and agents” concludes the first part of the work, and shew by decided cases the effect upon the contract of a contains several useful suggestions. warranty, misrepresentation, or concealment contained Our author having thus, if we may so express it, in such statements, whether by the party proposing to started a policy, by shewing the nature of the contract, insure, or by his referees. Mr. Bunyon thinks that the relative position of the insured and insurer at its there are grave objections to the payment of the medical inception, the constitution of life offices, and the duties referee's fee by the office;

for," he says,

we have of those who have the conduct of them, proceeds, in * already seen the medical referee is the agent, in respect the second part of the work, to deal with the subject in

of his replies, of the proposer, and the latter is answer its intermediate state—that is, in the interval which “able for any want of candour or neglect by him; elapses between the making of the contract and the while, if the fee were paid by the company, the ques- fulfilment of its purpose by the happening of the con

tion would arise, whether his position were not changed, tingency upon which it depends—the death of the life Sand whether he had not become the agent of the in insured. He accordingly, in a series of eight chapters, “surers, instead of the party making the proposal.” points out the various modes in which a policy may be (P. 57).

dealt with by assignment, and how liens may be created, We believe this, however, to be a difficulty more and treats of money advances' made by offices by way imaginary than real, and that the very fact of making of mortgage of their own policies, or upon personal sethe medical referee the agent of the company tends to curity, the sale of reversionary interests, the application destroy the natural bias which Mr. Bunyon, in the of policies as securities for fines payable on the renewal following paragraph, says exists in favour of the patient, of leaseholds, and the voluntary assignment of policies. and, if possible, to make him more scrupulously exact The third and concluding part of the work treats in its in his report. This system is now generally adopted first chapter of the rights and interests of persons under by well-conducted offices, and has not been found to disabilities, such as infancy, coverture, lunacy, or felony. work detrimentally to their interests. “ The policy The claim and its satisfaction, together with the en

and its conditions" are next treated of; and under forcement of claims by an action at law or a suit in this head (at p. 61) will be found some pertinent equity, occupy the following two chapters; and therein and useful remarks upon the law as it affects the Mr. Bunyon has pointed out the steps necessary to negotiability of policies of insurance. The usual con establish the claim by proof of death and evidence of ditions of a policy, with the construction that the title to the sum insured. Annuities are granted by


many, if not all, life offices, and are intimately con- in making life policies assignable at law conclude the nected with the subject of risks on lives. The next third and last part of the work. The appendix conchapter is accordingly devoted to the consideration of tains several precedents of forms, to which, however, the sale and purchase of annuities, with the provisions we think an addition might judiciously, be made of of the Annuity Acts requiring inrolment in the Court some of those more frequently in use, such as the form of Chancery of a memorial of the instruments whereby of proposal and policy. they are granted. These apply to insurance offices, although completely registered, as well as to private individuals, and the consequence of the neglect to

CRIMINAL-LAW PROCEDURE. inrol an annuity (and the onus of inrolling lies upon the purchaser) is pointed out, (p. 351). The stamp The following are the resolutions of the House of laws, as bearing upon life insurance, and contracts in Lords in connexion with Lord Brougham’s Criminalconnexion there with, are fully considered in the suc- law Procedure Bill :ceeding chapter, where tables and full information in 1. That it is the duty of the Government to provide relation to the subject will be found. “ The Succession effectually for the execution of the criminal law, by the * Duty Act of 1853 is the most important measure discovery, the securing, and the prosecution of offenders. of the session, and marks an epoch in the history 2. That the local police establishments ought to be of taxation, not only on account of the magnitude under the direct superintendence and control of the of the sum proposed to be levied under it, but as Government; and that the same rules should, as nearly evolving a new principle in permitting a tax upon past as local circumstances will permit, be everywhere ap• transactions." Mr. Bunyon then proceeds to analyse plied. the provisions of the stat. 16 & 17 Vict. c. 51, (the 3. That the appointment of a regular constabulary Succession Duty Act), and shews how life policies force should be obligatory upon the local authorities. and post-obit securities are thereby affected. The 4. That in addition to such regular force, a reserve boon" conferred upon the provident portion of the force ought to be maintained of persons with moderate community by the exemption in the Income Tax pay, to be called out for a short time merely in order to Act of 1853 (16 & 17 Vict. c. 34) in respect of be inspected and trained, and to be bound to serve when amounts paid by way of annual premiums of life in- required by the magistrate. surances is touched upon. Mr. Bunyon, however,

5. That a sufficient number of stipendiary magisconsiders, and no doubt with much probability, that trates should be appointed in the other towns of conthese enactments are only instalments of those which siderable size, with the powers and duties of those

may be expected,” and thinks that the intention to appointed for London and Middlesex, so far as these legislate upon the subject may have existed as early powers and duties relate to the examination and comas the Joint-stock Companies Registration Act. Our initment of persons charged with offences, and to the author has evidently no great confidence in the sugges- criminal jurisdiction vested in them. tions of the recent select committee on insurance asso- 6. That the prosecution of offenders should be in. ciations. The two subjects which principally ingrossed trusted to an officer appointed by the Government, their attention were, as the author observes, (p. 384), with such number of subordinate officers as may be first," what protection was to be required for the public required for conducting prosecutions in the counties 4 against the insolvency and improper management of and larger towns; but that until such a measure can assurance companies; and, secondly, in what manner be adopted, it is expedient to appoint barristers, who and form periodical accounts of their transactions, and shall advise upon and conduct the prosecutions in the the state of their funds, were to be required to be Central Criminal Court and the Courts of Quarter “ registered and published.” The publication of ac- Session of Middlesex and Surrey. counts by all companies, and a paid-up capital of 7. That the public prosecutor should in all the 10,0001. invested in the public funds by new societies graver cases, as the pleas of the Crown and forgery, before complete registration, were suggested by the proceed by bill before the grand jury; but in other committee as sufficient remedies. The difficulty of cases should, at his discretion, be allowed to proceed procuring any real information from the publication upon commitment by a stipendiary magistrate, without of accounts in the form proposed is shewn by the fol- any bill found. lowing extract:- :"Such accounts will be like the play 8. That assizes should be holden four times a year in with the character of Hamlet omitted by special de- each county, and quarter sessions so frequently, and at sire, since they are wanting in the true test of such such times relating to the assizes, as that a court of accounts, namely, the table of mortality and the rate criminal jurisdiction shall sit once a fortnight in each of interest used in calculating the assets and liabilities county. of the company in the general valuation.” Of the 9. That to equalise the business, counties may be desirability of obtaining “a material guarantie,” in the divided, and parts of different counties united, for the shape of 10,0001., there can be no doubt; and such a purposes of trial; and that persons may be tried, at the requirement, we are satisfied, would work beneficially, option of the public prosecutor, either in the district not only for the public, but also for future real boná where the offence is alleged to have been committed, or fide associations; too many of the existing companies, in an adjoining district. we fear, having started with a capital insufficient to 10. That the same criminal jurisdiction should be their beneficial working. Much, however, of the suc- given to judges of the county courts as is at present cess of such a scheme would depend upon the regula- possessed by the quarter sessions of the peace; that this tions laid down by Parliament for the investment of jurisdiction should extend over the district subject to the capital sum required. Mr. Bunyon thinks that their civil jurisdiction; and that the justices of every the law of life insurance and annuities requires amend county may be relieved from the obligation to hold ment, in two respects at least first, in passing an act sessions oftener than four times a year, whensoever it to the effect that no subsequent expiration of a suffi- shall appear that, besides those four sessions and the cient insurable interest should invalidate an assurance assizes, there is a sufficient number of county court contract; secondly, in dispensing with the inrolment criminal sittings to give two criminal courts monthly of annuities granted by insurance companies. His first in the district. suggestion would, perhaps, since the recent decisions, 11. That a reasonable sum for trouble and expenses appear to be unnecessary, but in the second we fully should be allowed to all persons summoned to attend as

Some remarks upon the proposed alteration petty jurors on any criminal trial.


[ocr errors]
[ocr errors]


[ocr errors]


12. That the costs of every person tried and acquitted,

Court of Grchequer. or discharged for want of prosecution, should be paid Midd.— Ellis v. Steele Liverp.-Brebner v. Harrison out of the county rates, on certificate of the court before

Lond.-Haydon v. Bibby

Bruce v. Nicolopale whom he was tried or brought for trial, or of the magis- Stieple v.

Bibby Lincoln.-Russell v. Whitetrate by whom he was discharged.

Board of Manage

head 13. That in all prisons arrangements should, as far

ment of Control, Kingston.-Boyle o. Wiseman as possible, be made not only for separating the untried

London District

Wilkes v. Plant from the convicted, but for separating different prisoners

Schools o. Wythes

Græme of both classes.

Australian Royal Mail

Wroughton 14. That imprisonment should, as far as possible, be

Steam Packet Co. Stafford.-Leech v. Lamb accompanied with the means of giving work to those

v. Marzetti

Harrison 0. Bishwho are willing to work, and whether untried, or sen

Welsford v. Dimsdale tenced to imprisonment without hard labour; that all

Cooper v. Rutt

Foster v. Floyd

Gurr v. Scudds Winchester.- Padwick the earnings of the untried should belong to them, and

Crouch v. The Great to the convicts a portion upon their discharge.

Knight 15. That a discretion should be vested in the gover

Northern Railway Taunton.-Kingsmill v. Mil-

nors, chaplains, and other superintendents of gaols, of
improving the diet of convicts, according to their de-
meanour and industry.

BILL IN PROGRESS. 16. That subject to the control of the superintendents, with the advice and consent of the chaplain, prisoners may be employed as assistant teachers in the


(Brought in by the Lord Chancellor) 17. That the dietary of prisons ought never to allow more to convicts in proportion to the term of their Intituled An Act to amend the Charitable Trusts Act,

1853." imprisonment; and that in respect of diet, regard should be had, as far as possible, to the industry and

Sect. 1. The Charitable Trusts Act, 1853, and this act to other demeanour of the convicts under their sentences.

be construed together. 18. That justices of the peace in all cases in which

2. Repeal of the provision for determining the salary of the they now have power to take bail, and coroners in third commissioner.

3. Power to Lord Chancellor and Lords of the Treasury to cases of manslaughter, should have the power of allowing any person accused to go at large upon entering appoint additional inspectors. Salary not to exceed 6001.

4. The acts of the board, how to be authenticated. into his own recognisance to appear and take his trial;

5. Entries in and extracts from the books of the board, and that in cases of manslaughter coroners should also how to be authenticated. have the power to liberate upon bail.

6. The board, or any commissioner or inspector, may require written accounts and statements and answers to inquiries

relating to any charity, or the property or income thereof, to Court Papers.

be rendered or made to them respectively by all or any of the following persons; that is to say,

Trustees or persons acting or concerned in the administraNEW TRIALS MOVED IN EASTER TERM. tion of the charity, its property or income, or in the

receipt or payment of any monies thereof : Court of Queen's Bench.

Agents of any such trustees or persons :
Midd.-Smith o. Sieveking Warwick.-Staite v. Barford

Depositaries of any funds or monies of the charity:
Cook v. Wildes Suffolk.-Last v. Woodgate

Persons in the beneficial receipt of any funds thereof, or of

any income or stipend therefrom : Reg. o. Coyle

Parker v. Wallis Lond.-Lund v. Lloyd

Persons whom the board or such commissioner or inspector

Brown v. Shaw
Spielman v. Governor Wilts.-Harrison v. Bush

shall have reasonable ground for considering to be in the

possession of any property of the charity, or to be subject and Company of Brecon.- Papendock v. Bridge Bank of England

to any trust, duty, or charge for the benefit thereof : Moller v. Young Northumberl.- Thompson o.

Persons having the possession or control of any documents

concerning the charity, or any property thereof:
Stansfield o. Smith

Dowell General Durham.-Smart o. Morton

And all other persons whose evidence the board or such
Steam Navigation

commissioner or inspector shall think material to the Mayor, &c.of Sun.

matter in question : Co.

derlandv. Horne

And the board or such commissioner or inspector may require Stafford.-Floyd o. Foster

Same v. Same

the persons rendering or making any such account, statement, Egginton v. Corpo. | York.-Earl of Scarborough

or answer to verify the same by oath or otherwise, and may ration of Lich.

v. Bayley

administer such oath. field

Kitson v. Rhodes Lincoln.-Newton v. Ellis

7. Power to require transmission of deeds and documents Rainforth v. Hamer

belonging to charities. Nottingham.-Reg. o. Walker

Pottlick o. Hubbersty

8. Power to require trustees and others to attend (within Derby. - Brevin 0. Short Liverp.-Petrie o. Ellis.

ten miles of abode) and be examined.

9. Precepts or orders for the preceding purposes, how to be Court of Common Pleas.


10. Persons not complying with requisitions, &c. to be Surrey-Butcher 0. London Surrey-South Metropolitan deemed guilty of a contempt of the Court of Chancery. and South-western

Cemetery Co. v. 11. Persons making false returns or answers guilty of misRailway Co.


demeanour. Lond.- Cockerell v. Van Die. Kent-Tyler v. Hook

12. Power for the board to employ assistant inspectors and men's Land Co. Surrey-Steel ». South-east- agents. Gillet o. Offor

ern Railway Co. 13. Power to allow remuneration to assistant inspectors Gloucest.-Coleman v. Riches

Avann v. Same and agents, and expenses to witnesses, and to charge the Lond.—Hackwood o. Lyall Midd.-Martin v. The Great charity funds. Brodie v. Howard

Northern Railway 14. The board shall have power, subject to the appeal hereToppin v. Lomas


inafter provided, to make orders for the following purposes, Herts.--Goldbam o. Edwards


and which shall be effectual for the same purposes accordingly; Yorkshire.- Melling v. Leak | Midd.-Winch o. Towart.

that is to say,


cause :

(1). For the appointment of trustees of any charity in the sideration, with or without any declaration in relation thereto,

place of any former trustees, or in addition to the or may make any substitutive or other order in relation to the

existing trustees, or where there may be no trustees : matter of the appeal, and respecting the costs, charges, or ex(2). For the removal of any trustees thereof for sufficient penses incident thereto, as to the Court may seem just; and

the Court, before hearing such petition, or during the proceed. (3). For vesting any real estate of a charity, except copy- ings thereon, may require from the board the reasons for any

hold hereditaments, but including leaseholds, in the order made by them; but no such petition of appeal shall be trustees thereof for the time being, and for vesting presented by any person, other than the Attorney-General, in them any copyhold hereditaments, with the con until written notice of the intention to present the same shall sent of the lord of the manor for the time being, or have been delivered to the commissioners at their office, under for enabling any person to surrender the same to the the hand of the appellant or his agent, by the space of twentyuse of such trustees :

one days at the least previously. (4). For entitling such trustees to call for a transfer of any 21. The Attorney-General, if he think fit, may appear ex

stock in the public funds, or of any shares or stock officio as the respondent upon any such appeal not made by of any public company respectively, belonging to the himself; and where the Attorney-General shall be the appellant, charity, and for vesting in them all personal estate and in any other case in which he shall not think fit to appear thereof, including choses in action, and a title to sue as the respondent, the secretary of the commissioners, or any for the same :

person appointed by them, may, by their authority, appear as (5). For vesting any real estate of a charity, except copy- the respondent; and all such costs, charges, and expenses of

hold hereditaments, but including leaseholds, and for the Attorney-General, or of the secretary or nominee of the vesting any copyhold hereditaments, with the consent commissioners, as the Court may direct to be paid, shall be of the lord of the manor for the time being, in the provided and paid out of the property or income of the charity, official trustee of charity lands :

or both, as the Court may direct. (6). For the payment, transfer, or deposit of any principal 22. Where any municipal corporation in England or Wales

monies, stock in the public funds, or stock or shares not named in Schedule (A.) or (B.) of the act of the 5 & 6 of any public company, or securities belonging to a Will. 4, c. 76, “ for the regulation of municipal corporations," charity, to or with the official trustees of charitable or any of the members of such corporation in his or their cor. funds :

porate capacity, shall be seised or possessed, either solely or (7). For entitling such official trustees to call for the trans- together with any person or persons elected by such corporafer of any such stock or shares :

tion, or by any particular member or class of members of such (8). For removing, after inquiry, any officer of a charity corporation, of any real or personal estate, wholly or partly

unfit for or neglecting the discharge of his duties, or upon any charitable trusts, and where any corporation sole or for misconduct, or other sufficient cause, but where aggregate shall be so seised or possessed, or shall have the there shall be a special visitor of the charity ap- management of any real or personal property of any charity, pointed by the founder, and not absent from the and shall also be recipients of the benefit thereof, it shall be

kingdom or under incapacity, with his consent: lawful for the Court of Chancery, upon the petition of any (9). For assigning to any officer of a charity removed from person authorised by the board, or of the Attorney-General, to

or resigning his office a pension or retiring allowance, appoint trustees for the management of the charity, or of any to be provided wholly or partly out of the income of real or personal estate thereof, and to order that any such real his successor, or any income of the charity :

or personal estate shall be vested in, or shall be transferred or (10). For removing persons improperly placed or retained paid to, such trustees, or to the official trustees of charity lands

in any almshouse or charitable institution, and for or charitable funds respectively; and any order for vesting any

establishing any proper objects of the charity therein : real estate in such trustees or trustee shall be effectual without (11). For ascertaining and declaring the proper objects of any assurance; and any order for vesting any stock in the any charity :

public funds, or any stock or shares in any public company, (12). For establishing any such scheme for the administra- in the newly-appointed trustees, or in the official trustees of

tion of a charity as the Court of Chancery would charitable funds, may also entitle them to call for a transfer of have jurisdiction to establish.

such stock or shares respectively; and any real or personal 15. It shall be lawful for the board to make orders for any estate of which any such corporation, or any members thereof, of the foregoing purposes, either upon the application of any shall not be divested, but of which new managing trustees parties or of their own authority; and the 43rd section of the shall be appointed, shall be held upon trust to be disposed of principal act, which authorises the applications therein men- according to the direction of such managing trustees. tioned to be made by all or any of the trustees, or persons ad. 23. The secretary for the time being of the board shall be a ministering or claiming to administer, or interested in any corporation sole, by the name of the “Official Trustee of charity, or any two or more inhabitants of the parish or place Charity Lands," for taking and holding charity lands, and by within which it is administered or applicable, shall not be con- that name (instead of the name of “ Treasurer of Public Chastrued to preclude such applications by any other persons rities”) shall have perpetual succession ; and all land, or estates authorised thereto by the certificate of the board.

or interests in land, now vested in the “ Treasurer of Public 16. The official trustees of charitable funds may be em- Charities” by that name, shall become, upon the passing of powered to call for transfers to them of stock.

this act, and by virtue thereof, vested in like manner, and upon 17. Power to apportion parochial charities after division of the same trusts, in the “ Official Trustee of Charity Lands;" parishes.

and all provisions of the principal act which have reference to 18. Public notices to be given of orders of the board for the the “ Treasurer of Public Charities” shall operate as if the appointment or removal of trustees of any charity, or for esta- name of the “ Official Trustee of Charity Lands” had been blishing any scheme for the administration or for apportioning used therein instead of the name of “Treasurer of Public the benefits thereof.

Charities." 19. Proceedings upon the receipt of objections or suggestions. 24. The acting trustees to grant leases, notwithstanding the

20. The Attorney-General, or any trustee or person admi- legal estate is in the official trustee. nistering or interested, or claiming to be interested, in any 25. The Lord Chancellor may from time to time, by writing charity, the subject of any order of the board made under the under his hand, appoint any persons to be the official trustees foregoing powers, and not being an order for vesting any real of charitable funds, and remove any such trustees; and every or personal estate of the charity in the trustees thereof, or in such appointment or removal shall be published in the London the official trustee of charity lands or charitable funds, or two Gazette. inbabitants of any place within which the charity shall be 26. The present official trustees of charitable funds, and applicable, or any person aggrieved by the same order, may, their successors to be so appointed, shall have perpetual sucwithin three months after the publication thereof, but not cession by the name of the Official Trustees of Charitable afterwards, present a petition to the Court of Chancery, in a Funds," and may hold by that name stock in the public summary way, appealing against such order, and praying such | funds, and stock and shares of any public company, securities, relief as the case may require; and the Court, upon the hearing and monies, which shall respectively devolve to their sucof such petition, may confirm, vary, reverse, or annul the order cessors, the official trustees of charitable funds for the time appealed against, or remit such order to the board for recon. being, without transfer or assignment.

« AnteriorContinuar »