by any Person authorized to apply to such Judge under this Act shall be heard by such Judge in open Court. tain Cases. X. Provided also, and be it enacted, That where any Application Judge not to under this Act to a Judge of a County Court relates to the Removal proceed on Application, 5 or Appointment of any Trustee of the Estate or Funds of any Charity, after Notice or of any Trustee or Person intrusted or to be intrusted with the given, in cerAdministration or Application of such Estate or Funds, or of the Income thereof, or to the settling or approving of any Scheme for the Application of such Estate, Funds, or Income, and any of the Trustees 10 of the Estate or Funds of such Charity, or of the Trustees or Persons intrusted with the Administration or Application of such Estate or Funds, or of the Income thereof, shall, before the hearing of such Application, give Notice in Writing to the Clerk of such County Court of the Desire of the Person or Persons giving such Notice that 15 the Matter of such Application be heard and determined by a Master of the Court of Chancery under the Provisions herein contained, the Judge shall not proceed further upon such Application. otherwise XI. And be it enacted, That it shall be lawful for the Judge for Order of the Time being of a County Court to rescind or vary any Order Judge not to be appealed 20 which shall have been previously made by him or by any other Judge from, except of the same Court, without Prejudice to any Act or Matter in the as herein meantime done under such Order; but, except as aforesaid, and except as herein otherwise provided, every such Order shall be final tobe enforced and conclusive, and shall not be appealed from to any other Court; 9 & 10 Vict. 25 and for executing and putting in force any Order to be made by c. 95. any such Judge under this Act, every such Judge as aforesaid shall 30 and may have and exercise all such Powers as by the said Act of the Tenth Year of Her present Majesty are given for enforcing the Payment of any Debt, Damages, or Costs under the said Act. provided, and as under XII. And be it enacted, That where any Person is aggrieved by Appeal. or dissatisfied with any Order made under this Act by a Judge of a County Court, he may give Notice in Writing to the Clerk of such County Court within Seven Days after the making of such Order that he is desirous to appeal against the same; and if such Judge, 35 upon an Application at any Time within One Calendar Month after the making of such Order by the Person by whom such Notice bas been given, think it reasonable and proper that such Appeal should be entertained, and the Person so applying become bound with Two sufficient Sureties to be approved by the Clerk of the Court to the 40 Treasurer of the Court, or such Person as such Judge may direct, in such Sum as to such Judge shall seem reasonable, to pay such Costs of the Proceedings on the Appeal as the Court of Chancery shall order 195. B to Proceedings on Appeal. Bond to pro peal may be to be paid by such Appellant, such Judge shall by Order allow such Appeal, and may by Order, where he thinks fit, suspend any Proceeding on the Order appealed against during such Time as the Circumstances may appear to him to require; and where any such Appeal is allowed such Judge (where the Case shall require) shall in 5 the Order allowing such Appeal set forth the Facts which according to his Judgment have been established by the Evidence in the Case, and which shall be material to the Matter in question; and every Bond executed under this Provision shall be exempt from Stamp Duty. XIII. And be it enacted, That where an Order allowing an Appeal 10 has been obtained as aforesaid, the Person mentioned in such Order shall within Three Calendar Months present a Petition to the Lord Chancellor or Master of the Rolls setting forth the Order appealed against and the Order allowing such Appeal, and praying such Relief as the Case may require; and upon the hearing of such Petition the 15 Court may confirm, vary, or reverse the Order appealed against, or may remit such Order to the Judge by whom the same was made, with or without any Declaration or Directions of the Court in relation thereto, or may refer it to the Master of the Court in rotation to proceed in relation to the Charity to which such Order relates as 20 in the Case of a Petition which stands referred to the Master under this Act, and may upon making such Reference to the Master make or give any such Orders or Directions in relation to the Matter so referred as to the Court may seem fit, or the Court may make such other Order in relation to the Matter of such Appeal as to the Court 25 may seem just, and as might be made in the Case of a Suit regularly instituted, or a Petition, as the Case may require; and in case the Party allowed to appeal do not within such Three Calendar Months present such Petition of Appeal, the Order against which such Appeal was allowed shall be final. 30 XIV. And be it enacted, That in case any Costs adjudged secute Ap- on such Appeal to be paid by the Party allowed to appeal put in Suit. be not paid, it shall be lawful, where any such Bond as aforesaid is given to the Treasurer of the County Court, for such Person as shall be in that Behalf nominated by Order of the Judge of such 35 Court in the Name of the Treasurer to put such Bond in Suit, or where such Bond is given to any other Person than such Treasurer such Bond may without such Order be put in Suit by such Person, and the Money to be recovered on every such Bond as aforesaid shall be applied to indemnify the Charity Estate on the Person 40 damnified, or otherwise in such Manner as the Justice of the Case may require and the Judge of the County Court shall by Order direct. XV. And to order what XV. And be it enacted, That where any Charity of which the Power to Court of clear yearly Income shall not exceed Thirty Pounds shall be admiChancery in nistered or be applicable to or for Objects or Purposes within Two or certain Cases more of the Districts for which Judges shall have been appointed Judge shall 5 under the said Act, or where the Persons administering such Charity have Jurisshall not reside or be in the District within which the Income of such diction. Charity shall be applicable, or where it shall be uncertain whether any or which of such Judges shall have Jurisdiction under the Provision herein contained, it shall be lawful for the Court of Chancery, 10 on a Petition presented in a summary Way to the Lord Chancellor or Master of the Rolls by any Person authorized to make Application under this Act, to make such Order for assigning to any one of such Judges Jurisdiction in respect of such Charity as the Court shall think fit, and from Time to Time to vary such Order; and any 15 such Order may be made in relation to any Number of Charities, or to any Class or Description of Charities therein mentioned, upon One Petition; and every Judge to whom Jurisdiction shall be assigned by such Order shall, as to the Charity in respect of which Jurisdiction shall have been so assigned to him, have the same Powers in all 20 respects as he would have had in case such Charity had been within the Jurisdiction of such Judge under the Provision herein contained. Incomes of XVI. And be it enacted, That where any Charity of which the In Cases of clear yearly Income shall not exceed Thirty Pounds shall be adminis- Charities, the tered or be applicable wholly or in part to or for Objects or Purposes which do not 25 within the City of London, or shall not be subject to the Jurisdiction exceed 301., not subject of a Judge of a County Court under the Provisions herein contained, to the Jurisor where under the Provision herein contained any Person or Persons diction of a shall be entitled to have the Matter of any Application to a Judge of Judge of a County a County Court heard and determined by a Master of the Court of Court, Petition may be 30 Chancery, and shall have given such Notice as in such Provision presented to required of his or their Desire that such Matter be so heard and Lord Chandetermined, or where in any Case the Matter of any Application to cellor, &c. be made under this Act in relation to a Charity the clear yearly Income of which is under Thirty Pounds is excluded from the Juris35 diction of a Judge of a County Court, such Petition as herein-before mentioned may be presented to the Lord Chancellor or Master of the Rolls in relation to such Charity or to the Matter of such Application, in the same Manner, and the like Reference and Proceedings shall and may be had on such Petition, as if the same had been a 40 Petition presented in relation to a Charity the yearly Income of which exceeded Thirty Pounds, save that the Statement in the Petition as to the Amount of the Income of the Charity, and the Affidavit in support of such Statement, shall be varied according to the Fact, and 195. such Court of may refer to such Petition shall show that the Income of such Charity is administered or applicable in the City of London as aforesaid, or other the Circumstances by reason whereof such Charity is not subject to the Jurisdiction of a Judge of a County Court, or the Circumstances under which the Matter of the Application is excluded from the 5 Jurisdiction of a Judge of a County Court. XVII. And be it enacted, That where a Charity not subject to the Jurisdiction of a Judge of a County Court under the Provisions herein-before contained shall be administered or be applicable to or for Objects or Purposes within any Parish or Place not situate wholly 10 or in part within Twenty Miles of the City of London, if it shall appear to the Court of Chancery expedient that Inquiries or Proceedings which may be required in relation to such Charity, or the Estate or Funds thereto belonging, should be made or prosecuted within the District of a Judge of a County Court, the Court of 15 to a Master. Chancery may refer it to such Judge to make such Inquiries, take beyond 20 Miles from London which may be referred Master or &c. for that Purpose. such Accounts, and do such Acts, Matters, and Things, in relation XVIII. Provided always, and be it enacted, That no Master Judge not to of the Court of Chancery, and no Judge of a County Court, 30 try Titles, &c., but may shall upon any Proceedings before him under this Act have Jurisdirect Suits, diction to try or determine the Title at Law or in Equity to any Real or Personal Property as between any Charity or the Trustee thereof and any Person holding or claiming such Real or Personal Property adversely to such Charity, or to determine any Question as to the 35 Existence of any Charge or Trust, but it shall be lawful for such Master or Judge to authorize or direct the Trustees of any such Charity as aforesaid, or any Person on behalf of such Charity, to make, commence, or bring any Application, Suit, or Action for or in respect of the Property so held or claimed adversely, or for esta- 40 blishing any such Charge or Trust as aforesaid, as to such Master or Judge may seem fit. XIX. And XIX. And be it enacted, That where, according to the Statement Contents of contained in the Analytical Digest of the Reports made by the Com- Affidavit as missioners for inquiring into Charities, which was laid before Parlia- of Income. ment by Command of Her Majesty in the Year One thousand eight 5 hundred and forty-two, and was printed for the Use of both Houses of Parliament, it shall appear that the total annual Income of any Charity exceeds Thirty Pounds and does not exceed One hundred Pounds, or does not exceed Thirty Pounds, as the Case may be, it shall be sufficient in the Affidavit hereby required, in proof of the Amount 10 of the clear annual Income of such Charity, to state that according to the Statement contained in the said Digest the total annual Income of such Charity exceeds Thirty Pounds and does not exceed One hundred Pounds, or does not exceed Thirty Pounds, (as the Case may require,) and that to the best of the Deponent's Belief the clear 15 annual Income of such Charity at the Time of the Application under this Act exceeds Thirty Pounds and does not exceed One hundred Pounds, or does not exceed Thirty Pounds (as the Case may require); but where, according to the Statement in such Digest, such total Income does exceed Thirty Pounds and does not exceed One hun- 20 dred Pouuds, or does not exceed Thirty Pounds, (as the Case may be,) or where the Charity is omitted from such Digest, such Statement or Omission shall not exclude the Jurisdiction intended to be hereby given, in case it be shown by such Affidavit as afore- said to the Satisfaction of the Master or Judge, as the Case may 25 be, that by reason of Deductions from such total Income, or any Alteration in the Amount of Income, or otherwise, the clear yearly Income of such Charity exceeds Thirty Pounds and does not exceed One hundred Pounds, or does not exceed Thirty Pounds, as the Case XX. And be it enacted, That where any Trustee shall be appointed In Cases of under this Act for any Charity for the exclusive Benefit of Persons Charities for being Members of the Church of England, or being Members of any poses Trus- other religious Community or Sect, or for the Establishment, Main- tees to be of tenance, and Support of any religious Worship and Service according gion. 35 to the Forms and Principles of such Church, Community, or Sect, or for any Purpose connected therewith, every Person to be so appointed such Trustee shall be a Member of the Church, Com- munity, or Sect for the Benefit of Members of which, or for Purposes connected with which, such Charity is applicable; and the Master or 40 the Judge of a County Court (as the Case may be), before appointing such Trustee, may require such Evidence by Declaration or other- wise, as he may think fit, that the Person to be appointed such |