A BIL L [AS AMENDED BY THE COMMITTEE, AND ON RE-COMMITMENT] Property held in Trust for Charitable [N.B.-The Clauses marked (A.) and (B.) were added by the Committee, and (C.) and (D.) on the Re-commitment.] W 1. and appointment of new Trustees of Charities to have the efveyance. fect of a Con HEREAS it is expedient to facilitate the transfer of real Preamble. and personal estate held in use or trust for charitable purposes; BE it Enacted, by The QUEEN's most Excellent MAJESTY, by and with the Advice and Consent of the Lords Spiritual and Tem5 poral, and Commons, in this present Parliament assembled, and by the Authority of the same, THAT where any lands, tenements or heredita- Nomination ments of whatever tenure, sums of money, chattels, securities for money, or other personal estate are, is or shall be vested in any person or persons for any estate or interest whatsoever, in trust for any 10 charitable use or purpose whatsoever, and such person or persons shall die or lawfully discontinue to act in, or be lawfully removed or displaced from, the exercise of any such trust, and a new Trustee or Trustees of such real or personal estate shall, by order, deed or writing, as the case may be, have been or hereafter may be duly 15 nominated and appointed in his or their stead by the court or courts, person or persons, body or bodies politic or corporate, competent or duly authorized to make such appointment, then and in every such case, and by virtue of such nomination and appointment alone, and without any deed or instrument of conveyance, 20 surrender or assignment for that purpose whatsoever, such lands, tenements and hereditaments and such personal estate shall forthwith be and be deemed to be vested in severalty or in joint-tenancy (as the case may require) in such new Trustee or Trustees as aforesaid, either alone. or jointly with the surviving, continuing or other Trustee or Trustees (if any) of the same lands, tenements and hereditaments and personal 2. CLAUSE (4.) Terms of for Charitable deemed Real Estate for Charitable Purposes. 3. CLAUSE (B.) Admittance of Trustees or Tenants not to be dispensed with. 4. Office Copy of an Order of Court for Appointment of new Trustees to be Evidence of such Appointment. 5. Where Regis tration of Conveyances necessary, Memorial of of Trustees to be registered. estate, upon and for the trusts, intents and purposes then affecting the same, as fully and effectually to all intents and purposes whatsoever as under or by virtue of any deed or deeds, instrument or instruments of conveyance, surrender or assignment heretofore in that behalf accustomed or deemed requisite to be made and executed. 5 And be it Enacted, That whensoever any term or terms of years shall have been or may hereafter be assigned to attend the inheritance of any lands, tenements or hereditaments of freehold tenure held in use or trust for charitable purposes, such term or terms of years shall be deemed to be real estate held in trust for charitable 10 purposes within the intent and meaning of this Act. Provided always, and be it Enacted, That in the case of lands, tenements or hereditaments of copyhold or customary or ancient demesne tenure, nothing hereinbefore contained shall be construed to dispense with the admittance thereto of the Trustee or Trustees, Tenant or 15 Tenants for the time being of the same, by the Lord or Ladies of the Honours or Manors whereof such premises shall respectively be holden, or in anywise to affect the payment or satisfaction of all or any of the heriots, fines, fees, dues or sums of money from time to time of right payable or accustomed upon the admittance of any Tenant or Tenants 20 of such Honours or Manors respectively. And be it Enacted, That whensoever any such new Trustee or Trustees as aforesaid shall have been appointed by any court of competent jurisdiction, an office copy of the order or orders making, confirming or manifesting such appointment, under the seal of the Court by which 25 such order is or purports to be made, shall be received as sufficient evidence of such appointment in all courts, places and proceedings whatsoever. And be it Enacted, That where, according to any laws now in force, the conveyance, surrender or assignment of any such real or personal 30 estate as aforesaid ought to be registered, enrolled or recorded in any Appointment Registry Office in England, Wales or Ireland, or in any Registry Office, court or other place in any of the dominions, plantations or colonies belonging to Her Majesty, then and in every such case a Memorial or Certificate, written on paper or parchment, of the appoint- 35 ment of any new Trustee or Trustees of such real or personal estate shall be registered in the Registry Office, court or place wherein and within such time as such conveyance, surrender or assignment ought now by law to be registered; and that the registry hereby directed to be made shall have such and the same effect and operation, 40 to all intents and purposes whatsoever, as the due or timely registry, enrolment or recording of such conveyance, surrender or assignment as last aforesaid would now by law have or be deemed to have. AND AND whereas by an Act passed in the fifth and sixth years of the reign of King WILLIAM the Fourth, intituled, "An Act for the Regulation of Municipal Corporations in England and Wales," it was, amongst other things, enacted, "that in every borough in which the 5 body corporate, or any one or more of the members of such body corporate, in his or their corporate capacity, now stands or stand solely or together with any person or persons elected solely by such body corporate, or solely by any particular number, class or description of members of such body corporate, seised or possessed for any estate or 10 interest whatsoever, of any hereditaments or any sums of money, chattels, securities for money, or any other personal estate whatsoever, in whole or in part, in trust or for the benefit of any charitable uses or trusts whatsoever, all the estate, interest and title, and all the powers of such body corporate, or of such member or members of 15 such body corporate, in respect of the said uses and trusts, shall continue in the persons who at the time of the passing of this Act are such Trustees as aforesaid; and notwithstanding that they may have ceased to hold any office by virtue of which, before the passing of this Act, they were such Trustees, until the first day of August One thousand 20 eight hundred and thirty-six, or until Parliament shall otherwise order, and shall immediately thereupon utterly cease and determine;" and the Lord Chanceller or Lords Commissioners of the Great Seal were by the said Act empowered to make such orders as he or they should see fit for the administration, subject to such charitable uses or trusts 25 as aforesaid, of such trust estates: AND whereas under and by virtue 30 35 of the provisions contained in the said Act, and in another Act passed in the fifty-second year of the reign of King GEORGE the Third, intituled, "An Act to provide a summary Remedy in cases of Abuses of Trusts created for charitable Purposes," divers persons have been, by and under orders from time to time made by the Lord Chancellor, appointed to be Trustees of and for the charity estates and property at the time of passing the said Act of the fifth and sixth years of the reign of King WILLIAM the Fourth, vested in or under the administration of divers corporations in the said orders respectively referred to, but no provision has been made for vesting the legal estate in such charity estates and property in such Trustees so appointed as aforesaid, and doubts are entertained in whom the said legal estate is now vested; BE it therefore Enacted, That in all cases where Trustees have been or may hereafter be duly appointed by the Lord Chan40 cellor, or by the Lords Commissioners of the Great Seal, under the provisions of the said Acts, that all the estate, right, interest and title in such hereditaments and premises, which at the time of passing the said Act of the fifth and sixth years of the reign of King WILLIAM the Fourth was vested in the said bodies corporate, or any one or more of the members of such bodies corporate, either solely or together with person or persons elected by such body corporate, or solely by such any 7. CLAUSE (D.) Act not to extend to Scotland. bodies corporate, or soley by any particular number, class or description of members of such body corporate, shall be and be held to all intents and purposes to be vested in the persons so appointed or to be appointed Trustees as aforesaid. And be it Enacted, That this Act shall not extend or be construed to extend to Scotland. A BILL To abolish Church Rates, and make other Provisions for the [Note.-The Words printed in Italics are proposed to be inserted in the Committee.] W HEREAS it is desirable to abolish Church Rates, and to make other provisions for the maintenance of Churches and Chapels in England and Wales, and the Town of Berwick-upon-Tweed; BE it therefore Enacted, by The QUEEN's most Excellent MAJESTY, Preamble. 1. 5 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, THAT from and after the passing of All Laws authorizing this Act, all Laws authorizing the making or levying of Church Rate or Chapel Rate, or Parish Rate or Assessment, in England, Church Rates 10 Wales or the Town of Berwick-upon-Tweed, for any of the following purposes; (namely) 15 any The building, rebuilding, enlarging or repairing of the Church or of any Cathedral and Parochial Church or Cathedral made The providing things required for the celebration of Divine Service Or the enclosing, keeping up or repairing the burial-ground or The providing a salary for the maintenance of any parish clerk or making of abolished. |