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33. Examination by Institute of British Architects. 34. District surveyor to have and maintain an office.

35. District surveyor may appoint deputy, with consent. 36. Assistant surveyor may be appointed on emergency. 37. District surveyor not to act in case of works under his professional superintendence.

38. Notices to be given to district surveyor by builder. 39. District surveyor to cause rules of this act to be observed.

40. Notice to be evidence of intended works.
41. Penalty on builders neglecting to give notice.

42. District surveyor may enter and inspect buildings affected by this act. Penalty for refusal.

43. District surveyor may enter buildings to ascertain as to exempted buildings.

44. In case of emergency, works may be commenced without notice.

45. Notice by district surveyor in case of irregularity. 46. On non-compliance with notice, justice to summon builder, and make order to comply with requisition. 47. Penalty on non-compliance with order of justice. 48. Penalty on workmen, &c. doing anything contrary to rules of act.

49. Payments to district surveyors in respect of matters in first part of second schedule.

50. Metropolitan board may appoint special fees for services not provided for.

51. Periods when surveyors entitled to fees.

52. District surveyor to make monthly returns to metropolitan board of works.

53. Return duly signed to be a certificate that works are agreeable to act.

54. Superintending architect to audit accounts of fees charged by district surveyors, and to report in case of excess.

55. Power for metropolitan board of works to modify rules. 56. Buildings to which rules of act are inapplicable. 57. Power of metropolitan board to make general rules.

58. Approval of board, how signified.

59. Board to issue forms of notices.

60. Expenses of orders to be borne by builders.

61. District surveyor to see plans carried into execution. 62. Power to metropolitan board to appoint superintending architect and clerks.

63. Superintending architect may appoint deputy, with

consent.

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69. Survey to be made of dangerous structures. 8 & 9 Vict. c. 84, s. 40.

70. Definition of "commissioners."

71. Surveyor on completion of survey to give certificate. 72. Proceedings to be taken in respect of certificate. 73. On non-compliance with notice, justice to summon owner, &c., and make order to comply with requisition.

74. If owner cannot be found, commissioners may sell structure, giving the surplus to owner, &c.

75. Payments by or to the commissioners, how made. 76. Surplus, how to be applied if no demand made for it. 77. Fees to district surveyor.

78. Metropolitan board may appoint special fees for services not provided for.

79. Fees to be deemed part of expenses.

80. Justice of peace may cause inmates to be removed from dangerous structures.

81. Powers of commissioners to appoint officers.

82. Definition of building owner and adjoining owner. 83. Righ of building owner.

84. Rights of adjoining owner.

85. Rules as to exercise of rights by building and adjoining

owners.

86. Power for building owner to make entry on premises to effect works. Penalty on persons obstructing.

87. Security to be given by building owner, if required by adjoining owner.

88. Rules as to expenses in respect of party structure. 89. Account of expenses of works to be delivered to adjoining owner within one month.

90. Adjoining owner may appeal against account. 91. Building owner may recover, if no appeal made. 92. Penalty on delay of payment by adjoining owner. 93. As to expenses incurred on requisition of adjoining

owner.

94. Penalty on building owner failing to execute the required works.

95. Consent how given on behalf of persons under disability. 96. Consent how given on behalf of persons not to be found. 97. Payment of expenses by owners.

98. Rules as to service of notices, summonses, and orders. 99. As to things authorised to be done by a county court. 100. Manner of determining differences.

101. Form of proceedings in county court. 102. Appeal from decision of county court. 103. Recovery of penalties.

104. Application of penalties.

105. Provisions as to limitation of time when due notice has not been given.

106. Power to appeal to superior courts.

107. Form of appeal.

108. Notice of action.

109. Repeal of the 8 & 9 Vict. c. 84, except sects. 54 to 63, and 9 & 10 Vict. c. 5.

110. As to contracts made previously to the passing of the act.

111. Liabilities under contract between landlord and tenant not to be affected.

112. As to iron buildings constructed before this act comes into operation.

113. Compensation to official referees and registrar. 114. Compensation to clerks in office of metropolitan buildings.

CAP. CXXIII.

An Act to defray the Charge of the Pay, Clothing, and contingent and other Expenses of the Disembodied Militia in Great Britain and Ireland; to grant Allowances in certain Cases to Subaltern Officers, Adjutants, Paymasters, Quartermasters, Surgeons, Assistant Surgeons, Surgeons' Mates, and Serjeant Majors of the Militia; and to authorise the Employment of the Non-commissioned Officers. [14th August, 1855.]

CAP. CXXIV.

An Act to amend the Charitable Trusts Act, 1853.

[14th August, 1855.]

Sect. 1. The 16 & 17 Vict. c. 137, and this act to be con

2.

strued together.

Provision as to the salary of one of the commissioners repealed.

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9. Persons not complying with requisitions, &c. to be deemed guilty of a contempt of the Court of Chancery.

10. Power to apportion parochial charities after division of parishes.

11. Evidence as to annual income of any charity not exceeding 301.

12. The official trustees of charitable funds may be empowered to call for transfers to them of stock, &c. 13. Notices to be given of certain orders of the board. 14. Proceedings upon the receipt of objections or suggestions.

15. The official trustee of charity lands constituted. 16. Power to acting trustees to grant leases. 17. Appointments of official trustees of charitable funds regulated.

18. Such trustees to have perpetual succession, and may hold funds in that name.

19. Funds to vest in the official trustees for the time being.

20. The official trustees to keep banking account. 21. Mode of drawing on banking account. 22. Trustees may transfer stock to official trustees. 23. As to disposal of principal monies paid to them. 24. All dividends and interest due to the official trustees of charitable funds to be placed to their banking account.

25. For the regulation of transfers and payments to or by the official trustees.

26. Copies of orders affecting the account of the official trustees to be sent to the board.

27. Indemnity to the Bank and others.

28. Dividends on stock in name of official fund trustees to be carried to account free from income tax. 29. Restrictions of charges and leases of charity estates. 30. Sinking fund to be provided for paying off mortgages in lieu of provision in mortgage deeds.

31. Extension of power of board as to compromise of claims.

32. Board may authorise payment for equality of exchange or partition.

33. Power to ascertain lands charged with rents to charities.

34. Expenses of exchanges and partitions, and determining application of charges.

35. Incorporated charities and trustees for charities may re-invest in land.

36. Order of board for investments to be carried into effect, and cost to be raised.

37. Board may direct official trustees to convey lands, &c. 38. Leases, &c. to be valid, notwithstanding disabling acts. 39. Board may approve schemes for letting charitable property.

40. Power to refer bills of costs in charity matters to

taxation.

41. Construction of sect. 27 of the 16 & 17 Vict. c. 137. 42. Deeds, &c. relating to charities may be inrolled at the office, and copies to be evidence. 43. Construction of sects. 55 and 59 of the 16 & 17

Vict. c. 137.

44. Amendment of sect. 61 of the 16 & 17 Vict. c. 137, and other provision made as to the annual returns of accounts by trustees of charities. 45. Board may make orders as to delivery and publication of account by trustees, &c.

46. Application of sect. 64 of the 16 & 17 Vict. c. 137. 47. Acts not to apply to Roman Catholic charities until the 1st September, 1856.

48. As to the term " charity."

49. Act not to extend to Eton or Winchester. 50. Short title.

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Whereas it is expedient to extend and amend the Charitable Trusts Act, 1853, as hereinafter provided: be it therefore enacted &c. as follows:

Sect. 1. The Charitable Trusts Act, 1853, hereinafter called "the principal act," and this act, shall be construed together as one act, and any provisions of the principal act inconsistent with this act are hereby repealed.

2. So much of the principal act (sect. 4) as provides that after the 31st March, 1857, an annual salary shall be paid to one only of the commissioners besides the chief commissioner, is hereby repealed.

3. It shall be lawful for her Majesty and her successors, under the royal sign-manual, to appoint additional inspectors (not 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 1853.

4. Every act of the board may be sufficiently authenticated by the seal of the commissioners, and the signature of their secretary, or, in his absence, of the chief clerk.

5. All orders, certificates, schemes, and other documents issued under the seal of the board shall be deemed and taken to be the originals, and copies thereof shall be entered in the books of the board, and all such entries may be sufficiently certified by 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.

6. The board, or any commissioner or inspector, such inspector acting under the authority of the board, may require written accounts and statements and answers to inquiries relating to any charity, or the property or income thereof, to 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 administration of the charity, its property or income, or in the receipt or payment of any monies thereof: Agents of any such trustees or persons:

Depositaries of any funds or monies of the charity : Persons in the beneficial receipt of any funds thereof, or of any income or stipend therefrom:

Persons having the possession or control of any documents concerning the charity, or any property thereof: And the board or the commissioner or inspector may require the persons rendering or making any such account, statement, or answer to verify the same by oath or otherwise, and may administer such oath: provided always, that nothing herein contained shall extend to give to the said board or their inspectors any power of requiring from any person holding or claiming to hold any property whatsoever adversely to any charity, or free or discharged from any charitable trust or charge, any information, or the production of any deed or document whatever, in relation to the property so held or claimed adversely, or any charitable trust or charge alleged to affect the same.

7. The board, or any commissioner or inspector acting as aforesaid, may require all or any such trustees and persons as aforesaid to attend before them respectively, at such times and 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 examination 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.

8. All requisitions made under the foregoing authorities shall be made respectively by the order of the board, or by precept, under the hand of the commissioner or inspector making the same.

9. Any person refusing or wilfully neglecting to comply with any such requisition, or with any order of the board, made under the provisions of this act or the principal act, or destroying or withholding any document required to be produced or transmitted by him, shall be taken to be guilty of a con

tempt of the High Court of Chancery, and shall be liable to be attached and committed 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 sect. 14 of the principal act.

10. Where any parish or ecclesiastical district entitled to the benefit of a charity has or shall have been divided into separate parishes or ecclesiastical districts, and no apportion ment of charities originally applicable to the parish or district so divided 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 301., 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.

11. The certificate of the board, that according to their judgment the gross yearly income of any charity does not for the time being exceed 30%., shall be sufficient evidence of the amount of such annual income for the purpose of determining the jurisdiction under the foregoing provision.

12. Any court or judge having jurisdiction to order the transfer of stock in the public funds, or stock or shares of any public company, to the official trustees of charitable funds, shall have power also to authorise such trustees to call for 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.

13. No order for apportioning the benefits of any charity shall be made by the board until after such public notices shall have been given of the proposal to make the same as the 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 shew the objects thereof, and shall prescribe a time within which any objections thereto may be stated or transmitted to the board.

14. All objections which may be made to any proposed order shall be considered by the board, who may suspend the making thereof for further inquiry, or may modify the same, as may be found expedient; and a copy of every such order when made 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.

15. The secretary for the time being of the board shall be a corporation sole, by the name of the "Official Trustee of Charity Lands," for taking and holding charity lands, and by 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."

16. The acting trustees of every charity, or the majority of them, provided that such majority do not consist of less than

L

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 had legally remained in or had devolved to such trustees or administrators for the time being, their alienees or assigns, subject to the same lease or tenancy.

17. The Lord Chancellor may from time to time, by writing under his hand, appoint any persons to be, jointly with the secretary for the time being of the said board, the official trustees of charitable funds, and remove any such trustees; and every such appointment or removal shall be published in the London Gazette.

18. The present official trustees of charitable funds, and their successors to be so appointed, shall have perpetual succession by the name of the "Official Trustees of Charitable Funds," and may hold by that name stock in the public funds, and stock and shares of any public company, securities, and monies, which shall respectively devolve to their successors, the official trustees of charitable funds for the time being, without transfer or assignment.

19. All stock in the public funds vested in the joint names of Henry Morgan Vane, Thomas Hare, and Walker Skirrow, Esqrs., the present official trustees of charitable funds, shall, upon the passing of this act, be transferred by the Governor and Company of the Bank of England from their names to the account of the official trustees of charitable funds.

20. The official trustees of charitable funds shall, for the purposes of their trust, keep a banking account in their official name in the books of the Governor and Company of the Bank of England, and the secretary of the board shall keep separate accounts of the monies held upon such account, and belonging to each separate charity.

21. All orders for payment of any money held upon such banking account shall be signed by one at least of the official trustees of charitable funds, not being the secretary of the board, and also by the secretary, and shall be countersigned by 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.

22. Any trustee or other person may, on obtaining an order of the board for the purpose, transfer any stock or pay any money to the official trustees of charitable funds in trust for any charity.

23. All principal monies belonging to any charity directed to be paid to the official trustees of charitable funds shall be paid to their account at the Bank, and, subject to any order of the court or judge or of the board by which respectively the payment shall have been authorised, 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.

24. The dividends arising from all stock in the public funds standing in the name of the official trustees of charitable funds shall from time to time be received by the Governor and Company of the Bank of England, under the authority of this act, for the credit of the said official trustees, and shall be placed to their banking account accordingly; and all dividends and interest arising from any other stock, shares, or securities standing in the name of or held by the official trustees of charitable funds shall be paid only to the Governor and Company of the Bank of England for the account of the same trustees; and the said trustees shall from time to time execute to the said Governor and Company all such powers as shall be found necessary for enabling them to receive and give effectual discharges for the last-mentioned dividends and interest.

25. No transfer of any stock, shares, or securities shall be made to the official trustees of charitable funds, nor shall any money other than the dividends or interest of any such stock, shares, or securities as aforesaid be paid to their account, except in pursuance of an order of the Court of Chancery, or of some judge thereof, or of a district court of bankruptcy or

county court, or of the board; and no transfer of any such stock, shares, or securities shall be made by the official trustees, except under the order of such court or judge, or under the order of the board signed by two commissioners, or authenticated in such manner as the Lord Chancellor shall from time to time, by any order under his hand, direct; and no transfer to or by the official trustees shall be permitted by the Governor and Company of the Bank of England, or any other company, contrary to this provision.

26. Copies of all orders made by any court or judge for any transfer, deposit, or payment of stock, shares, securities, or monies to or by the official trustees of charitable funds shall be forthwith transmitted to the board by the parties obtaining such orders.

27. Every order made under the principal act or this act, requiring or authorising the transfer, payment, or deposit of any stock, shares, securities, or monies to or with the trustees of any charity, or the official trustees of charitable funds, or conferring a right to call for or to make such transfer, shall be a complete indemnity to the Governor and Company of the Bank of England, and all companies and persons, for any act done pursuant to such order; and the said Governor and Company, and other companies and persons, shall be required to give effect or to conform to every such order, and it shall not be necessary for them to inquire concerning the propriety of such order, or the jurisdiction of the court or judge or the board to make the same.

28. All dividends arising from any stock in the public funds standing in the name of the official trustees of charitable funds, and which shall be certified by the board to the Governor and Company of the Bank of England to be exempt from the property or income tax, shall be paid or carried to the banking account of the official trustees without any deduction of such tax; and all dividends arising from any stock in the public funds standing in any other names or name, and which the board shall certify to the Governor and Company of the Bank of England to be subject only to charitable trusts, and to be exempt from such tax, shall be paid without any deduction thereof.

29. It shall not be lawful for the trustees or persons acting in the administration of any charity to make or grant, otherwise than with the express authority of Parliament under any act already passed or which may hereafter be passed, or of a court or judge of competent jurisdiction, or according to a scheme legally established, or with the approval of the board, any sale, mortgage, or charge of the charity estate, or any lease thereof in reversion after more than three years of any existing term, or for any term of life, or in consideration, wholly or in part, of any fine, or for any term of years exceeding twenty-one years.

30. So much of sect. 21 of the principal act as requires a compulsory provision to be inserted in every mortgage for the payment of the principal money borrowed by annual instalments, and for the redemption and reconveyance of the mortgaged estates within the period of not more than thirty years, is hereby repealed; but the board authorising any mortgage to be made of any charity estate shall make such provisions, by the same or any other order, as to them may seem necessary for directing the trustees or persons administering the charity to discharge the principal debt, or any part thereof, by such yearly or other instalments, within thirty years from the date of the security, as to the said board may seem fit, or to form an accumulation or sinking fund out of the income of the charity for discharging the principal debt, or any portion thereof, within the same period, and shall give directions as to the investment and accumulation of such fund, and the trustees for the time being, or persons administering the charity, shall carry such order into effect.

31. The 23rd section of the principal act shall extend to authorise a compromise or adjustment of any claim, demand, or cause of suit against any charity, or the trustees or administrators thereof, and the order of the board in relation thereto shall have the like effect as in the case of any compromise or adjustment for which provision is made by the

said section.

32. The board may authorise the application of any funds belonging to any charity in payments for equality of exchange or partition, or in payment of any expenses incident thereto, or may authorise the trustees to raise any money for such purposes by mortgage of any land acquired on such exchange or partition, or belonging to the charity.

33. Where there shall be uncertainty as to the specific part of any lands out of which any rent, annuity, or other periodical payment, not exceeding the yearly sum of 107., charged upon some part of the same lands, for the benefit of a charity, shall be payable, it shall be lawful for the board, upon the application of the trustees or persons acting in the administration of the charity, and with the consent of the persons interested, according to the aforesaid definition of "persons interested," in the same lands, to determine by their order the land charged with such rent, annuity, or other periodical payment, which shall thenceforth stand charged with such rent, annuity, or periodical payment accordingly, to the exoneration of the residue of such lands therefrom.

34. The expenses incident to the application for and procuring of any such order of exchange or partition, or order determining the land charged with any rent, annuity, or periodical payment, shall be paid by the trustees or administrators of the charity, or by the other parties to such transactions, or by both, as the board may direct.

35. Any incorporated charity, or the trustees of any charity, whether incorporated or not, may, with the consent of the board, invest money arising from any sale of land belonging to the charity, or received by way of equality of exchange or partition, in the purchase of land, and may hold such land, or any land acquired by way of exchange or partition, for the benefit of such charity, without any license in mortmain. 36. All orders of the board for the investment of money coming to any charity, or the trustees thereof, on any sale, exchange, or partition, shall be carried into effect by the trustees or persons administering the charity; and all monies which the board shall order to be provided out of any income or property of a charity for the payment of the costs of any such transaction shall be provided or raised by the trustees or administrators of the charity, and applied accordingly.

37. It shall be lawful for the board to authorise or order and direct the official trustee of charity lands and the official trustees of charitable funds respectively to convey lands, and to assign, transfer, and pay over stocks, funds monies, and securities, as the board shall think expedient.

38. All leases, sales, exchanges, partitions, and transactions authorised by the board under the principal act or this act shall be valid and effectual, notwithstanding the act of the 13 Eliz. c. 10, the acts of the 14 Eliz. cc. 11, 14, the acts of the 18 Eliz. cc. 6, 11, the act of the 39 Eliz. c. 5, and the act of the 21 Jac. 1, c. 1, or any disabling act applicable to the charity the estates whereof shall be the subject of any such transaction.

39. It shall be lawful for the board to prepare, and under their seal to approve of, any scheme for the letting of the property or any part of the property of any charity; and all leases granted by any trustees or persons acting in the management of any charity, pursuant to or in conformity with such scheme, shall be valid.

40. The board may order the bill of costs or charges claimed by any attorney or solicitor on account of business conducted or transacted by him on behalf of any charity, or the trustees thereof, to be examined and taxed by the taxing masters of the Court of Chancery, or by the proper taxing officers of any of the superior courts at Westminster, who shall proceed to examine and tax the same bill accordingly; and if the same shall be reduced upon such taxation by the amount of one-sixth part or more of the amount thereof, the costs of the taxation shall be paid by such attorney or solicitor, but otherwise out of the funds of the charity by the trustees thereof; and the board may, after being satisfied as to any bill that it contains exorbitant charges, order any such bill to be so taxed, notwithstanding that the same may have been paid by the trustees of the charity at any period not more than six calendar months previously to such order; and any amount taxed off any such paid bill shall be a debt due from the attorney or solicitor to the trustees of the charity, and shall be forthwith paid by him to such trustees accordingly.

41. Sect. 27 of the Charitable Trusts Act, 1853, shall be construed and operate as if the words " and the trustees of the charity shall be legally authorised to purchase and hold such land" had been omitted therefrom; and incorporated trustees of any charity shall be competent to purchase and hold lands for the purposes mentioned in the same section without license in mortmain.

42. Any deed, will, or document relating to any charity may be inrolled by the board in books to be provided and kept by

them for that purpose at their office, and a copy of any such deed, will, or document made from such books, and certified under the hand of the secretary or one of the commissioners, shall be received as evidence of the contents of the same deed, will, or document.

43. The 55th and 59th sections of the principal act shall be construed and operate as if the words "the office of the board" had been inserted therein in the place of the words "the office in London of the registrar of county courts judgments."

and control of persons of that persuasion, nor shall anything in this act extend to any of the cases which by the 62nd section of the principal act are excepted from the operation thereof. 48. In the construction of the principal act and this act the word "charity" shall include every institution in England or Wales endowed for charitable purposes, but shall not include any charity or institution expressly exempted from the operation of the act of 1853, and words applying to any person or individual shall apply also to a corporation, whether sole or aggregate.

49. Nothing in this act or the principal act contained shall extend to the colleges of Eton and Winchester, or either of them.

50. This act may be cited as "The Charitable Trusts Amendment Act, 1855.”

CAP. CXXV.

An Act to confirm Provisional Orders of the General Board of Health, applying the Public Health Act, 1848, to the Districts of Middlesbrough, Windhill, Christchurch, Keighley, Tunstall, and Toxteth Park, and for Alteration of the Boundaries of the District of Romford. [14th August, 1855.]

44. Sect. 61 of the Charitable Trusts Act, 1853, except so much thereof as enacts that the trustees or persons acting in the administration of every charity shall, in books to be kept by them for that purpose, regularly enter or cause to be entered full and true accounts of all money received and paid respectively on account of such charity, shall be repealed as to all accounts which such trustees or administrators shall not have been bound to render before the passing of this act; and the trustees or administrators of every charity shall, on or before the 25th March, 1856, prepare and make out and transmit to the board an account of the endowments then belonging to the charity, shewing in the case of realty not in hand the manner in which the same is let or occupied, and in the case of personalty the existing investment or employment thereof, and in what names such investments are made; and such trustees or administrators shall also, on or before the 25th March next, after the acquisition of any endowment not included in the foregoing account, prepare and make out in like manner, and transmit to the board, a similar account of such last-mentioned endowment, and in case of any alienation, or charge, or transfer Sect. 1. Power to justices at petty sessions to punish persons

of any real or personal estate of the charity, shall, on or before the 25th March then next following, transmit to the board an account of such alienation, charge, or transfer; and such trustees or administrators shall also, on or before the 25th March in every year, or such other day as may be fixed for that purpose by the board, or as may have been already fixed for rendering the accounts thereof required by the principal act, prepare and make out the following accounts in relation thereto; that is to say,

(1). An account of the gross income arising from the endowment, or which ought to have arisen therefrom, during the year ending on the 31st December then last, or on such other day as may have been appointed for this purpose by the board:

(2). An account of all balances in hand at the commence-
ment of the year, and of all monies received during
the same year on account of the charity:

(3). An account for the same period of all payments:
(4). An account of all monies owing to or from the charity,
so far as conveniently may be:

Which accounts shall be certified under the hand of one or
more of the said trustees or administrators, and shall be audited
by the auditor of the charity, if any; and the said trustees or
administrators shall, within fourteen days after the day ap-
pointed for making out such accounts, deliver or transmit
a copy thereof to the commissioners at their office in London,
and in the case of parochial charities shall deliver another copy
thereof to the churchwarden or churchwardens of the parish or
parishes with which the objects of such charities are identified,
who shall present the same at the next general meeting of the
vestry of such parishes, and insert a copy thereof in the minutes
of the vestry book; and every such copy shall be open to the
inspection of all persons at all seasonable hours, subject to
such regulations as to the said board may seem fit; and any
person may require a copy of every such account, or of any
part thereof, on paying therefor after the rate of 2d. for every
seventy-two words or figures.

45. The board may from time to time make such orders as they may think fit in relation to the delivery or transmission of the said accounts, and the forms of such accounts, and such orders shall be executed by all trustees and persons from whom the accounts to which they may relate are required.

46. The 64th section of the principal act shall apply as well to members of any charity within the operation of that act as to members of any charity exempted from the operation

thereof.

47. Neither this act nor the principal act shall, until the 1st September, 1856, extend or be in any manner applied to charities or institutions the funds or income of which are applicable exclusively for the benefit of persons of the Roman Catholic persuasion, and which are under the superintendence

CAP. CXXVI.

An Act for diminishing Expense and Delay in the Administra.
tion of Criminal Justice in certain Cases.
[14th August, 1855.]

charged with larceny, &c. summarily. If parties accused do not consent, justices to deal with cases as if this act had not passed.

2. Justices to ask the accused whether he consents to the charge being summarily determined.

3. Persons charged with larceny, &c. may plead guilty before justices in petty sessions, and be sentenced forthwith. Justices to warn the accused that he is not obliged to plead.

4. Persons accused may have assistance of counsel, &c. 5. Power to remand persons charged to next petty ses

sions.

6. Forfeited recognisances to be transmitted to the clerk of the peace.

7. Convictions and other proceedings to be returned to
the quarter sessions.

8. Justices may order restitution of property.
10.*Petty sessions to be an open court, and held for petty
sessional division.

9.*The 11 & 12 Vict. c. 43, not to apply to proceedings
under this act.

11. Effect of conviction.

12. Proceedings under this act a bar to further proceedings.

13. No conviction to be quashed for want of form. 14. Justices may order payment of expenses.

15. Town-hall, court-house, &c. of county, city, or borough may be used for petty sessions held under this act.

16.

Any metropolitan police magistrate or stipendiarý magistrate may act alone.

17. Nothing to affect provisions of the 10 & 11 Vict. c. 82, and the 13 & 14 Vict. c. 37.

18. As to compensation to clerks of peace and other officers.

19. Power to increase salary of chief magistrate to a sum not exceeding 15001.

20.

Provisions of the 15 & 16 Vict. c. 73, for payment by salary in lieu of fees to clerks of assize for their duties as associates extended to the whole office of clerk of assize, &c.

21. So much of the 12 Rich. 2, c. 10, and the 14 Rich. 2, c. 12, &c. as directs payment of wages to justices and their clerks repealed.

22. In cases of injuries to property, parties aggrieved may receive compensation, though examined as witnesses.

23. Interpretation of terms.
24. Extent of act.

* Sic.

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