petent persons to prepare any scheme, order, statement, or other proceeding for the purposes of the Charitable Trusts Acts, 1853 to 1869, with respect to such charity, or to make or assist in any survey or local inquiry with reference thereto, and may order the costs incurred under this section or upon any inquiry by an inspector, or in consequence of the employment of any person to appear on behalf of the respondent upon any appeal against any scheme or order, to be provided in the same manner as if they were costs of a transaction mentioned in section thirty-six of the Charitable Trusts Act, 1855. 10. Appeals under 23 & 24 Vict. c. 136.-A petition to the Court of Chancery under section eight of the Charitable Trusts Act, 1860, may be presented in the case of all charities by the same persons only as in the case of a charity the gross annual income of which does not exceed fifty pounds. 11. Service of Attorney-General by appellant under sect. 8 of 23 & 24 Vict. c. 136, s. 8.-A petition shall not be presented to the Court of Chancery by any person under section eight of the Charitable Trusts Act, 1860, before the expiration of twenty-one days after written notice under the hand of the appellant of his intention to present such petition has been served on the Attorney-General by delivering the same to the solicitor who acts for him in ex officio proceedings relating to charities. 12. Legal power of majority of trustees to deal with charity estates.-Where the trustees or persons acting in the administration of any charity have power to determine on any sale, exchange, partition, mortgage, lease, or other disposition of any property of the charity, a majority of those trustees or persons who are present at a meeting of their body duly constituted and vote on the question shall have and be deemed to have always had full power to execute and do all such assurances, acts, and things as may be requisite for carrying any such sale, exchange, partition, mortgage, lease, or disposition into effect, and all such assurances, acts, and things shall have the same effect as if they were respectively executed and done by all such trustees or persons for the time being and by the official trustee of charity lands. 13. Legal proceedings by trustees of charities for protection of charity property, &c.—The majority of the trustees of any charity, if authorized by the board, may institute and maintain any action, suit, petition, or other proceeding in the same manner in all respects as if they were the sole trustees of the charity. Where the trustees, or the majority of the trustees, of any charity, institute and maintain any action, suit, petition, or other proceeding under the authority of the board, such action, suit, petition, or other proceeding shall not abate or become discontinued or of no effect by reason of the death or removal from office of any of the trustees, or of the addition of any new trustee, but shall continue and have effect for and against the trustees for the time being of the charity, in the same manner as if they were actually named therein. 14. Application by exempted charities to have benefit of Act: see 16 & 17 Vict. c. 137, s. 3.-Either the trustees or the persons acting in the administration of any charity exempted from the operation of the Charitable Trusts Acts, 1858 to 1869, may apply to the board to have the said Acts or any provisions thereof specified in the application extended to such charity: such application shall be made by such of the said trustees or persons as having regard to the value of the charity might under the provisions of the said Acts, if the charity were not exempted therefrom, make an application for a scheme to any judge or court or to the board, and shall be made in the same manner and according to the same regulations as such application. On any such application the board may make an order directing that the said Acts or any provisions of them specified in the application shall extend, and such Acts or provisions shall thereupon after the date of the order extend to such charity in the same manner as if it were not exempted therefrom. Before making any order under this section the board shall cause such notices of the proposed order to be given as by section three of the Charitable Trusts Act, 1860, as amended by this Act, and by section six of the same Act are required to be given before the making of an order for establishing a scheme. 15. Extension of part of Acts to registered places of religious worship.— So much of the Charitable Trusts Acts, 1853 to 1869, as authorizes and relates to orders of the board for the appointment or removal of trustees of a charity, or for or relating to the vesting of any real or personal estate belonging thereto, or for the establishment of any scheme for the administration of any charity, shall extend to buildings registered as places of meeting for religious worship with the registrar-general of births, deaths, or marriages in England, and bona fide used as places of meeting for religious worship: provided that no such order shall be made except upon the application of the trustees or persons acting in the administration of the charity, made in manner provided by section four of the Charitable Trusts Act, 1860, or by this Act. Save as provided by this section, such buildings shall continue exempted from the Charitable Trusts Acts, 1853 to 1869. 16. Treasury to fix scale of fees.-Scale to be laid before parliament.The lords commissioners of Her Majesty's Treasury may from time to time prescribe a scale of fees to be charged for any business done by the board under this or any other Act, and may direct whether the same shall be imposed by stamps or otherwise, and by whom and in what manner the same shall be collected, accounted for, and appropriated; and before any such fees shall be taken or received by the said charity commissioners every such scale of fees shall be published in the London Gazette. The scale of fees shall be laid before both houses of parliament within thirty days after the same has been so prescribed if parliament is then sitting, and if not, within thirty days after the then next meeting of parliament; and if any such scale shall be disapproved of by both houses of parliament within one month after the same shall have been so laid before parliament, such fees or such parts thereof as shall be disapproved of shall not be charged by the board. 17. Repeal. The enactments described in the schedule to this Act are hereby repealed; provided that, (1). This repeal shall not affect anything already done or suffered, or any right acquired or order made, under such enactments: (2). Any proceedings already commenced under the enactments hereby repealed shall be proceeded with in the same manner as if this repeal had not been made. THE COMMISSIONERS CLAUSES ACT, 1847. (The Mortgage Clauses). 10 VICT. CAP. 16. An Act for consolidating in one Act certain Provisions usually contained in Acts with respect to the Constitution and Regulation of Bodies of Commissioners appointed for carrying on undertakings of a Public Nature. [23rd April, 1847.] Mortgages. With respect to the mortgages to be executed by the commissioners, be it enacted as follows :— 75. Form of mortgage.-Every mortgage or assignation in security of rates or other property authorized to be made under the provisions of this or the special Act shall be by deed duly stamped, in which the consideration shall be truly stated; and every such deed shall be under the common seal of the commissioners if they be a body corporate, or if they be not a body corporate shall be executed by the commissioners, or any five of them, and may be according to the form in the Schedule (B.) to this Act annexed, or to the like effect; and the respective mortgagees or assignees in security shall be entitled one with another to their respective proportions of the rates and assessments or other property comprised in such mortgages or assignations respectively, according to the respective sums in such mortgages or assignations mentioned to be advanced by such mortgagees or assignees respectively, and to be repaid the sums so advanced, with interest, without any preference one above another by reason of the priority of advancing such moneys, or of the dates of any such mortgages or assignations respectively. 76. Register of mortgages to be kept, and to be open to inspection.-A register of mortgages or assignations in security shall be kept by the clerk to the commissioners, and where by the special Act the commissioners are authorized or required to raise separate sums on separate rates or other property, a separate register shall be kept for each class of mortgages or assignations in security, and within fourteen days after the date of any mortgage or assignation in security an entry or memorial of the number and date thereof, and of the names of the parties thereto, with their proper additions, shall be made in the proper register, and every such register may be perused at all reasonable times by any person interested in any such mortgage or assignation in security without fee or reward. 77. Transfers of mortgages.-Any person entitled to any such mortgage or assignation may transfer his right and interest therein to any other person, and every such transfer shall be by deed duly stamped, wherein the consideration shall be truly stated; and every such transfer may be according to the form in the Schedule (C.) to this Act annexed, or to the like effect. 78. Register of transfers to be kept.-Within thirty days after the date of every such transfer, if executed within the United Kingdom, or otherwise within thirty days after the arrival thereof in the United Kingdom, it shall be produced to the clerk to the commissioners, and thereupon such clerk shall cause an entry or memorial thereof to be made, in the same manner as in the case of the original mortgage or assignation in security, and for such entry the clerk may demand a sum not exceeding five shillings; and after such entry every such transfer shall entitle the transferee, his executors, administrators, or assigns, to the full benefit of the original mortgage or assignation in security, and the principal and interest thereby secured, and such transferee may in like manner assign or transfer the same again toties quoties, and it shall not be in the power of any person, except the person to whom the same shall have been last transferred, his executors, administrators, or assigns, to make void, release, or discharge the mortgage or assignation so transferred, or any money thereby secured. 79. Interest on mortgages to be paid half-yearly.—Unless otherwise provided by any mortgage or assignation in security, the interest of the money borrowed thereupon shall be paid half-yearly to the several parties entitled thereto. 80. Power to borrow money at a lower rate of interest to pay off securities at a higher rate.-If the commissioners can at any time borrow or take up any sum of money at a lower rate of interest than any securities given by them and then be in force shall bear, they may borrow such sum at such lower rate as aforesaid, in order to pay off and discharge the securities bearing such higher rate of interest, and may charge the rates and other property which they may be authorized to mortgage or assign in security under this or the special Act, or any part thereof, with payment of such sum and such lower rate of interest, in such manner and subject to such regulations as are herein contained with respect to other moneys borrowed on mortgage or assignation in security. 81. Repayment of money borrowed at a time and place agreed upon. The commissioners may, if they think proper, fix a period for the repayment of all principal moneys borrowed under the provisions of this or the special Act, with the interest thereof, and in such case the commissioners shall cause such period to be inserted in the mortgage deed or X |