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qualification for such employments, now required by law to take the No. III. oath of supremacy, or the oath or declaration against transubstantiation 2 & 3 W.4, and the invocation of saints and sacrifice of the mass, or to receive the c. 115. sacrament of our Lord's Supper, or, in Scotland, to subscribe the formula annexed to the aforesaid act for preventing the growth of popery, masters, when any such schoolmaster, or other master, professing himself a Roman required to take catholic, shall, in lieu of the qualification aforesaid for holding such oath, to take employment, take the oath contained in the statute passed in the tenth that prescribed year of his late Majesty, intituled An Act for the Relief of His Majesty's by 10 G.4.c.7. Roman Catholic Subjects, and at the times and in manner in that act mentioned.
III. Provided always, That nothing in this act contained shall affect Act not to affect any suit actually pending or commenced, or any property now in litiga- pending suits. tion, discussion, or dispute, in any of his Majesty's courts of law or equity in Great Britain.
IV. Provided always, That nothing in this act contained shall be Nor to repeal taken to repeal or in any way alter any provision of an act passed in the provisions in tenth year of the reign of his late Majesty king George the fourth, inti- 10 G. 4, c. 7, tuled An Act for the Relief of His Majesty's Roman Catholic Subjects,
for suppression respecting the suppression or prohibition of the religious orders or
of certain relisocieties of the church of Rome bound by monastic or religious vows.
gious societies. V. Provided always, That all property to be acquired or held for such Property held purposes of religious worship, education, and charitable purposes, in for the purposes England and Wales, shall be subject to the provisions of an act passed mentioned in in the ninth year of the reign of king George the second, intituled An this act, in Act to restrain the Disposition of Lands whereby the same may become England and unalienable, and to the same laws as the Protestant dissenters are subject Wales, to be to in England in respect of the acquiring or holding of such property :
subject to the Provided always, That nothing in this act contained shall be taken to
9 G. 2, c. 36. extend the provisions of the said last-recited act to that part of Great Britain called Scotland.
[No. IV.] 5 & 6 W. 4, c. 71.—An Act for appointing Com
missioners to continue the inquiries concerning Charities in England and Wales until the First Day of March One thousand eight humdred and thirty-seven
[9th September 1835.] WHEREAS, &c., [Recites the title of the 58 G. 3, c. 91. 59 G. 3, c.
81. 5 G. 4, c. 58. 10 G. 4, c. 57. 1& 2 W. 4, c. 34.]: And whereas the commissioners appointed under and by virtue of the said two firstmentioned and the said last-mentioned acts respectively pursued the inquiries thereby authorized and directed, and made several reports of their proceedings; but the powers of the commissioners appointed under the said last-mentioned act expired on the fifteenth day of August one thousand eight hundred and thirty-four: And whereas many charities still remain to be investigated, and further time will be required for that purpose ; and it is therefore expedient that commissioners should be appointed for the purposes aforesaid, to act according to the provisions and limitations herein-after expressed and contained : And whereas an act was passed in the second year of the reign of his present Majesty, intituled An Act to continue and extend the Provisions 2 W. 4, c. 57. of an Act passed in the Fifty-ninth Year of His Majesty King George the Third, for giving additional Facilities in Applications to Courts of Equity regarding the Management of Estates or Funds belonging to Charities; and for making certain Provisions respecting Estates or Funds belonging to Charities : And whereas it is expedient that certain of the provisions of the said last-recited act should be continued in manner herein-after mentioned : be it therefore enacted, &c., That it shall and may be lawful for Commissioners his Majesty to issue a commission under the great seal to any number to be appointed
of persons, not fewer than thirty, who shall be constituted commis5 & 6 W. 4, sioners for the purposes intended by this act, one of whom shall be and c. 71.
be denominated the chief commissioner, and shall superintend and
direct the mode of proceeding of the other commissioners acting in the to inquire into execution of this act; and that they the said cominissioners shall and the nature and they are hereby empowered and required, in manner herein-after menmanagement of tioned, to examine into and investigate the amount, nature, and applicharities.
cation of all estates and funds of what nature or kind soever, and the produce thereof, destined or intended to be applied to the purpose of educating the poor in England and Wales, or to the support of any charity or charities or charitable donation or donations for the benefit of poor persons in England and Wales, or held under trusts created for any charitable uses or purposes whatever in England or Wales (except as is herein-after provided and excepted), and to examine into and investigate all breaches of trust, irregularities, frauds, abuses or supposed abuses, or misconduct in relation to and in the management or
appropriation or nonappropriation or misappropriation of such estates To report half- and funds; and the said commissioners shall once in each half year yearly. during the continuance of the said commission report and certify, in
writing under their hands and seals, to the king's most excellent Majesty, their proceedings touching the amount, nature, management, application, and appropriation of such of the aforesaid estates and funds as they shall have inquired and examined into, and also what is the nature of such estates and funds respectively, and the actual annual produce thereof, and what is the actual annual value thereof, and in whose possession, as tenants thereof, any part thereof, consisting of lands, tenements, or hereditaments, shall be, adding at the same time such observations as shall occur to them respecting such mode as they shall deem most effectual for the recovering of such part or parts of such estates or funds as shall appear to them to have been applied in breach of the several trusts created in respect of the same, or shall appear to have been omitted to be applied in pursuance of such trusts, and subjoining such suggestions as may seem to them expedient respecting the most effectual mode of securing such estates and funds and
their respective produce against any future misapplication thereof. Commissioners
II. That if upon such inquiry as aforesaid, it shall appear to the said to report spe- commissioners that, from any cause whatsoever, it has become imposcial circum
sible to apply the estates or funds aforesaid, or any part thereof, to the stances, where funds cannot
purposes to which the same were destined or directed to be applied, the be applied to
said commissioners shall report the special circumstances of each case,
subject, as to the mode of making such report, to the directions of the poses.
chief commissioner in that behalf. Salaries to a
III. That no remuneration shall be given, for and in respect of the limited number execution of this act to such of the said commissioners as shall be of commis- members of either house of parliament, nor to any number exceeding sioners. twenty of the commissioners; but there shall be allowed and paid to
every such commissioner such reasonable sums for and in respect of such travelling expences as may be incurred in the execution of this act as in the judgment of the lord high treasurer or the commissioners of his Majesty's treasury for the time being shall be deemed
iv. That each of the said commissioners to be appointed by virtue of to take oath be- this act shall, previously to his entering upon the execution of the same, fore entering take an oath before the chancellor of the exchequer or the master of the upon their du. rolls for the time being (which oath they are hereby respectively authoties.
rized and required to administer), the tenor whereof shall be as fol.
ledge, I will faithfully, impartially, and truly execute the several powers and trusts vested in me by an act intituled (here insert the title * of this act], according to the tenure and purport of the said act.'
V. That in case of a vacancy or vacancies by the death, removal, or No. IV. resignation of any such commissioners, it shall be lawful for his 5 & 6 W. 4, Majesty, his heirs and successors, to nominate and appoint such person
c. 71. or persons as he or they may think proper for the supplying of such vacancy or vacancies.
commissioners may be filled up by the crown. VI. That it shall and may be lawful for the said commissioners and Appointment of they are hereby authorized to appoint and employ such secretary, clerks, secretary, messengers, and officers, not exceeding in the whole one secretary, clerks, &c. twenty clerks, one messenger, and two other officers, as they shall think meet, and to administer to each of the said secretary, clerks, and officers an oath for his true and faithful demeanour in all things relating to the due performance of any trust respecting the execution of this act reposed in him by the said commissioners, and in all other things touching the premises; which secretary, clerks, and officers are hereby required faithfully to execute and perform the said trust in them severally and respectively reposed, without taking any thing for such their service other than such salary or reward as the said commissioners shall think fit to direct and appoint in their behalf.
VII. That, for the purpose of prosecuting the inquiries and exami- Commissioners dations by this act directed, the said commissioners, or any one or more to hold sittings of them, shall from time to time hold their or his sittings, with or and summon without adjournment, within the city of Westminster, or in any other persons and city, town, borough, hamlet, village, or place respectively in England or send for papers. Wales, which to them or him shall appear most convenient for executing the purposes of this act; and the said commissioners or commissioner are or is hereby authorized to require, by precepts under their or his hands and seals or hand and seal, from any person or persons acting as a trustee or trustees for any of the said estates or funds, or having any concern in the management or administration of the same, or in the payment or receipt of any of the said funds or estates, or any charge upon any fund or estate applicable to any charitable uses or purposes as aforesaid, to render to the said commissioners or commissioner a true account, as far as consists with their knowledge, of all that relates to such funds or estates as aforesaid under their trust or management, or on account of which they may have acted in making or receiving payments; and, as often as need shall be, to send their or his precepts, under their or his hands and seals or hand and seal, for any person or persons whomsoever to attend them or him, and require such person or persons to bring with him, her, or them any deed, paper, writing, instrument, or other document being in his, her, or their custody and possession, and relating to any such estates or funds, or the produce thereof, or to the receipt or application or nonapplication or misapplication thereof, which shall in the judgment of such commissioners or commissioner be conducive and necessary to the due execution of the purposes of this act; and every person to whom such precept shall as aforesaid have been addressed and delivered is hereby required and directed punctually to attend the said commissioners or commissioner at such time and place as shall for that purpose have been appointed; and to every such person or persons may be paid such sum of money as in the judgment of the said commis- No person obsioners or commissioner shall be just and reasonable: Provided always, liged to travel That no such person shall be obliged to travel in obedience to such more than ten precept more than ten miles from his or her place of abode.
miles. VIII. And for rendering more effectual all such examinations as are Commissioners intended to be had under this act; be it enacted, That the said com- empowered to missioners, or one or more of them, are or is hereby authorized to examine upon examine upon oath, or upon the affirmation of persons exempted by law oath. from liability to examination upon oath (which oath or affirmation the said commissioners, or any one or more of them, are or is hereby respectively authorized to administer), all persons whom the said commissioners, or any one or more of them, are or is by the provisions of this act empowered to call before them or him to be examined touching all
No. IV. matters and things necessary for the execution of the powers vested in 5&6 W. 4, them or him by this act. c. 71.
IX. That the said commissioners respectively shall and they are
hereby required to cause the examinations which shall be taken before Examinations them respectively, and all papers and documents being parts of such and papers to examinations, to be from time to time transmitted to the
secretary of the be transmit- said commissioners at their office in Westminster aforesaid. ted to office in Westminster. Penalties of X. That in case any person upon examination on oath or upon affirperjury for false mation, as the case may be, before the said commissioners or commisswearing sioner, shall wilfully and corruptly give false evidence, every such
person so offending, and being thereof duly convicted, shall be and is hereby declared to be subject and liable to such pains and penalties as under any law now in force may be inflicted on persons convicted of
wilful and corrupt perjury. Persons refus- XI. That if any person summoned to appear before the said coming to appear missioners, or any one or more of them, shall wilfully omit or refuse to before commis- appear before such commissioners or commissioner, or to bring or to sioners, or to produce any deed, paper, or writing, instrument or other document, in produce deeds, his or her possession, custody, or power, and which he or she shall be &c. or to an-, required by the precept of any such commissioners or commissioner to swer questions, produce, relating wholly to the estates or funds which shall be the
subject of inquiry before the said commissioners or commissioner, or to fined by the court of king's the receipt or application or nonapplication or misapplication thereof, or bench or ex
to the state of the schools or charities which shall be the subject of chequer.
inquiry before such commissioners or commissioner, or the true copy of any part or parts of any deed, paper, writing, or other instrument (and which copy any such commissioners or commissioner are or is hereby empowered to require by such precept), or shall refuse to be sworn, or, being a person exempted by law from liability to examination upon oath, to affirm, or, being sworn or having affirmed, as the case may be, shall refuse to answer to and before the said commissioners or commissioner, or to answer fully any lawful question on oath or affirmation respectively touching or concerning any matter or thing relating to such estates or funds as aforesaid, or to the state of such schools or charities as aforesaid (except in cases excepted by this act), every such person so refusing to comply with any such lawful requisitions of the said commissioners or commissioner shall be liable to thu payment of such fine to his Majesty as the court of king's bench or the court of exchequer, on application made by or on the behalf of the said commissioners or commissioner, or by his Majesty's attorney general for the time being, shall think fit to set and impose, which fine the said court of king's bench or court of exchequer is hereby authorized and empowered to set and impose according to their discretion respectively, and to enforce payment of the same, by attachment or otherwise, in such manner as the said courts respectively may do in cases of contempt
of the same courts. Purchasers XII. Provided always, That if any person who shall be summoned to without notice appear before the said commissioners, or any one or more of them, shall not bound to upon his or her examination allege that he or she hath purchased or answer interro- obtained for valuahle consideration any estate or interest of, in, to, or gatories.
out of any lands, tenements, rents, or annuities, hereditaments, goods, or chattels, touching which he or she shall be sought to be so examined, without fraud or covin, having no notice of any charitable trust or use to which the said lands, tenements, rents, annuities, hereditaments, goods, or chattels, or any charge thereon, have or has been given, limited, or directed to be applied, then such person shall not be bound to make further answer to any interrogatory of such commissioners or commissioner, nor to produce or show to them or him any deed, paper, writing, instrument, or other document relating to his or her estate or interest in such lands, tenements, rents, annuities, hereditaments, goods, or chattels.
XIII. Provided also, That no person having the custody of any deed, No. IV. paper, writing, instrument, or other document, as mortgagee, trustee or 5 & 6 W. 4, agent, solicitor or attorney, shall be compellable to produce the same, c. 71. or to give any evidence as to the contents thereof, without notice being first given to his mortgagor, cestui que trust, or principal, and the said Mortgagees, mortgagor, cestui que trust, or principal being examined touching the trustees, &c. same by the said commissioners or commissioner; and in case such not compellamortgagor, cestui que trust, or principal shall by the provisions of this ble to produce act be exempted from producing the said deed, paper, writing, instru- deeds without ment, or other document, then the mortgagee, trustee or agent, solicitor notice to mortor attorney, shall not be bound to produce or show the same, or give any evidence of the contents thereof, to the said commissioners or
que trusts, &c. commissioner: Provided also, That no person shall be compellable to Persons not answer any question, or to produce any deed, paper, writing, instru- compellable 10 ment, or other document, the answer to which or the production of criminate themwhich may criminate or tend to criminate such person, or to expose
selves. such person to any pains or penalties.
XIV. That the said commissioners shall and may receive and send Letters to and by the general post from and to places within the United Kingdom all from commisletters and packets relating solely and exclusively to the execution of sioners to be this act free from the duty of postage, provided that such letters and free of postage packets as shall be sent to the said commissioners shall be directed to if sent conformthe “Commissioners of Charities,” at their office in Westminster, and ably hereto. that all such letters and packets as shall be sent by the said commissioners shall be in covers with the words “Office of Commissioners of Charities, pursuant to an Act of Parliament passed in the Sixth Year of the Reign of his Majesty King William the Fourth,” printed on the same, and be signed on the outside thereof under such words with the name of such persons of the said commissioners, with the consent of the lords commissioners of the treasury or any three or more of them, shall authorize and appoint, in his own handwriting, (such name to be from time to time transmitted to the secretaries of the General Post Office in London and Dublin,) and under such other regulations and restrictions as the said lords commissioners, or any three or more of them, shall think proper and direct; and the person so to be authorized is hereby strictly forbidden so to subscribe any letter or packet whatsoever except such only concerning which he shall receive the special direction of his superior officer, or which he shall himself know to relate solely and exclusively to the execution of this act; and if the Penalty and person so to be authorized, or any other person, shall send, or cause or
loss of office for permit to be sent, under any such cover, any letter, paper, or writing,
sending letters or any inclosure other than what shall relate to the execution of this
solely to the act, every person so offending shall be dismissed from his office, and business of the shall forfeit and pay the sum of one hundred pounds, one moiety of the said penalty to the use of his Majesty, his heirs and successors, and the other moiety to the use of the person who shall inform or sue for the same, to be sued for and recovered in any of his Majesty's courts of record at Westminster; and if any letter, paper, or writing, or other
In case of let
ters sent under inclosure, shall be sent under cover to the said commissioners, the same
cover to the not relating solely and exclusively to the execution of this act, they are commissioners, hereby strictly required and enjoined to transmit the same forthwith to not relating the secretary of the post office in London, with the covers under which solely to the the same shall be sent, in order that the contents thereof may be business of the charged with the full rates of postage.
XV. That whenever any extract from the enrolment of any charter or Officers having deed, or from any decree, report, record, or other document whatever, custody of redeposited or remaining in any of the offices belonging to or under the cords to furnish control of the courts of chancery or exchequer, or in any public registry, extracts if reshall be required for the purposes of this act by any order signed by one quired by a of the commissioners under this act, the officer or officers having the commissioner. custody of such enrolment, decree, report, record, or other document, shall furnish an extract of so much only as shall be so required of any