under disability, shall extend and be applicable to all purchases of land and hereditaments for public purposes which shall be hereafter made by the council of any city or borough, with the sanction of the Commissioners of Her Majesty's Treasury, under the powers for that purpose contained in "The Municipal Corporation Mortgages, &c., Act, (1860)."

7. Power to Secretary for War to use the powers given to promoters of undertakings by 8 & 9 Vict. c. 18.—For the purchase or acquisition of any messuages, lands, tenements, and hereditaments wanted for the service of the Admiralty, or of the War Department, or for the defence of the realm, it shall be lawful for Her Majesty's principal Secretary of State for the War Department for the time being to use all or any of the powers and provisions by the Lands Clauses Consolidation Act, 1845, and by the Lands Clauses Consolidation (Scotland) Act, 1845, given to promoters of the undertaking, as therein mentioned, and for such purposes the said principal Secretary shall be deemed and taken to be the promoters of an undertaking within the meaning of the said Act, and all the powers and provisions thereof shall, if used by Her Majesty's principal Secretary of State for the War Department, be treated as if they were contained in the fifth and sixth Victoria, chapter ninety-four, for the purpose of being used and made available by the principal officers of Her Majesty's ordnance, and had been transferred to the said principal Secretary for the time being by the eighteenth and nineteenth Victoria, chapter one hundred and seventeen, for the purposes aforesaid : provided always, that nothing herein contained shall authorize any purchase otherwise than by agreement of any land, except according to the provisions of the twenty-third section of the said Act of the fifth and sixth Victoria, or prejudice or affect the powers and authorities of the said principal Secretary for the time being under the said lastmentioned statutes or either of them.

8. This Act and 8 & 9 Vict. cc. 18, 19, to be construed together.-This Act shall be read and construed as part of the said Lands Clauses Consolidation Act, 1845, or of the Lands Clauses Consolidation (Scotland) Act, 1845, in all matters in which it relates to the said Acts respectively; and in citing this Act in other Acts of parliament, and in legal instruments, it shall be sufficient to use the expression of "The Lands Clauses Consolidation Acts Amendment Act, 1860.”

32 & 33 VICT. CAP. 18.

An Act to amend the Lands Clauses Consolidation Act,

[24th June, 1869.] Whereas it is expedient that the provisions contained in "The Lands Clauses Consolidation Act, 1845,” should be amended.

Be it, therefore, enacted and declared by the Queen's most excellent Majesty, by and with the advice and consent of the Lords, spiritual and temporal, and Commons, in this present parliament assembled, and by the authority of the same, as follows:

1. Costs of arbitrations, where either party so requires, to be settled by a master of superior courts.—Where in England, under "The Lands Clauses Consolidation Act, 1845," or any Act incorporating the same, any question of disputed compensation is determined by arbitration, the costs of and incidental to the arbitration and award shall, if either party so requires, be taxed and settled as between the parties by any one of the taxing masters of the superior courts of law; and such fees may be taken in respect of the taxation as may be fixed in pursuance of the enactments relating to the fees to be demanded and taken in the offices of such masters, and all those enactments, including the enactments relating to the taking of fees by means of stamps, shall extend to the fees in respect of the said taxation.

2. Repeal of 31 & 32 Vict. c. 119, s. 33.-Section thirty-three of the Regulation of Railways Act, 1868, is hereby repealed, and any proceedings commenced in pursuance of that section may be continued under this Act as if they had been commenced under it.

3. Provision respecting lands in Westminster.-Where any lands by the special Act authorized to be taken are situate within the city and liberty of Westminster, then, with respect to those lands, in every case in which any question of disputed compensation is required by the Lands Clauses Consolidation Act, 1845, or any Act amending the same, to be determined by the verdict of a jury, the high bailiff of the city and liberty of Westminster, or his deputy, shall be deemed to be substituted for the sheriff throughout such of the enactments of the Lands Clauses Consolidation Act, 1845, and any Act amending the same as relate to the reference to a jury.

4. Short title.-Construction of Acts.-This Act may be cited as "The Lands Clauses Consolidation Act, 1869," and shall be construed as one with the Lands Clauses Consolidation Act, 1845, and the Lands Clauses Consolidation Acts Amendment Act, 1860, and these Acts and this Act may be cited together as the Lands Clauses Consolidated Acts, 1845, 1860, and 1869,

THE CHARITABLE TRUSTS ACTS, 1853 TO 1869.

16 & 17 VICT. CAP. 137.

An Act for the better Administration of Charitable Trusts.

[20th August, 1853].

WHEREAS it is expedient to provide means for securing the due administration of charitable trusts, and for the more beneficial application of charitable funds in certain cases: Be it, therefore, enacted by the Queen's most excellent Majesty, by and with the advice and consent of the Lords, spiritual, and temporal, and Commons, in this present parliament assembled, and by the authority of the same, as follows:

1. Her Majesty empowered to appoint charity commissioners, secretary, and inspectors.-It shall be lawful for Her Majesty and her successors, by warrant under the Royal Sign Manual, to appoint four commissioners, and also one secretary and two inspectors, for the purposes of this Act, and upon any vacancy by the death, resignation, or removal of any commissioner, secretary, or inspector under this Act, from time to time in like manner to appoint another person to succeed to such. vacancy, and until a fresh appointment shall be made it shall be lawful for the surviving or continuing commissioners, in case of any vacancy, to act as if no such vacancy had occurred; and three of the said commissioners shall hold office during good behaviour; and the fourth, and every secretary and inspector to be appointed under this Act, shall hold office during the pleasure of Her Majesty.

2. Qualification of commissioners.-The said three commissioners so holding office during good behaviour shall be paid as hereinafter mentioned, and two at least of the said paid commissioners for the time *being shall be barristers-at-law of not less than twelve years' standing at the time of their respective appointments, and one of such barristers shall be the chief commissioner, and shall be so called and distinguished in his appointment.

3. Officers of the board.-The said commissioners, with the sanction of the commissioners of Her Majesty's Treasury, shall from time to time

appoint such clerks and messengers as the said commissioners may think fit, and all persons appointed under this provision shall hold their offices during the pleasure of the said commissioners.

4. Salaries.-There shall be paid to the said paid commissioners, and to the said secretary, inspectors, clerks, and messengers, such salaries not exceeding for the chief commissioner the annual sum of one thousand five hundred pounds, and for each of the other paid commissioners the annual sum of one thousand two hundred pounds, and for the said secretary the annual sum of six hundred pounds, and for each of the said inspectors the aunual sum of eight hundred pounds, as shall be from time to time allowed by the commissioners of Her Majesty's Treasury, who may also allow to every commissioner, inspector, and other person appointed for the purposes of this Act such reasonable travelling and other expenses as may be incurred by him in the execution of his office, and the said salaries and expenses, and the incidental expenses of the said board, shall be paid out of any moneys which may be from time to time provided by parliament for that purpose: provided always, that after the thirty-first day of March, in the year one thousand eight hundred and fifty-seven, the said annual salary shall be paid to one only of the said commissioners besides the said chief commissioner.

5. No paid commissioner, secretary, or inspector, to sit in House of Commons.-No paid commissioner, secretary, or inspector to be appointed under this Act shall be capable of sitting in the House of Commons during the tenure of his office.

6. Style of commissioners, who may sit as a board.-The said com. missioners to be appointed under this Act shall be styled "The Charity Commissioners for England and Wales," and may have and use a seal for authenticating documents, and such commissioners shall sit from time to time as a board for carrying this Act into execution; and any two of such commissioners may form a board, and may exercise all or any of the powers conferred on the commissioners or the board by this Act.

7. Board to frame general minutes.—The said board shall, by general minutes, from time to time prescribe regulations for their proceedings, and the proceedings of their inspectors, and concerning the form and manner of applications to the said board, and the conditions to be performed by applicants, and for the guidance of applicants in relation thereto, and all such general minutes shall be signed by three of the said commissioners at the least; and copies of all such general minutes shall be laid before both Houses of Parliament within fourteen days after the making thereof if parliament be sitting, or if parliament be not sitting, then within fourteen days after the next meeting thereof.

8. Minutes of proceedings and orders, &c., to be entered, and copies of entries signed by the secretary to be received in evidence.—The said board shall cause minutes of their proceedings, and all orders, certificates, and schemes, made or approved by them under this Act, to be entered in books to be provided and kept for such purpose, and all such entries shall be signed by their secretary, and all copies purporting to be extracted from the books of the said board, and to be certified by their secretary, of any such minutes, orders, certificates, and schemes entered as aforesaid, shall be received as evidence of the proceedings to which such minutes shall relate, and of such orders, certificates, or schemes, and of the making or approval thereof (as the case may require) by the said board, without further proof thereof.

9. Board to inquire into condition and management of charities.--It shall be lawful for the said board from time to time as they in their discretion may see fit, to examine and inquire into all or any charities in England or Wales, and the nature and objects, administration, management, and results thereof, and the value, condition, management, and application of the estates, funds, property, and income belonging thereto; and the said board may cause examinations and inquiries in relation to the matters aforesaid to be made and prosecuted by their inspectors, acting together or separately, in such cases and at such times as the said board may think fit; and all such inspectors shall from time to time report their proceedings to the said board.

10. Power to require accounts and statements.-The said board may require all trustees or persons acting or having any concern in the management or administration of any charity, or the estates, funds, or property thereof, to render to the said board, or to their inspectors, or either of them, accounts and statements in writing in relation to such charity, or the funds, estates, property, income, or moneys thereof, or the administration, management, and application thereof, and may also require such trustees and persons to return answers in writing to any questions or inquiries addressed to them by the direction of the said board relating to the matters aforesaid.

11. Officers having custody of records to furnish copies and extracts, if required by board.-All officers having the custody of enrolments, decrees, reports, records, and other documents relating to or concerning any charity shall furnish such copies or extracts as shall be required by the said board; and every inspector, secretary, and other officer of the said board for the time being employed for the purposes of this Act shall be at liberty, by the authority and under the directions of the board, and subject to such regulations as the board may make in that behalf, to examine and search the registers and records of every court of law and equity, and every ecclesiastical court, and every public registry and office of records, and to take copies of and extracts from any decree or