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No. 15.

secured, together with the Names of the respective Founders of or Benefactors thereto, where known, and also of the Person or Persons 52 G. III. c. 102. in whose Custody, Possession or Controul, the Deeds, Wills and other Instruments whereby such Charities or charitable Donations shall have been founded, established, made, benefited, increased or secured, may be, and also of the Names of the then Trustee or Trustees, Feoffee or Feoffees, Possessor or Possessors of such Real or Personal Estate, shall, from and after Six Calendar Months after the passing of this Act, be registered by such Person or Persons who shall then be the Trustee or Trustees, Feoffee or Feoffees, Possessor or Possessors thereof, or some or one of such Persons, in Manner and in the Form contained in the Schedule to this Act annexed, in the Office of the Clerk of the Peace of the County, or City or Town, being a County of itself, within which such poor or other Persons shall be; and such Memorial or Statement shall be signed by such Person or Persons causing the same to be registered and left in the said Office of such Clerk of the Peace, who shall forthwith transmit a Duplicate or Copy of the same unto the Enrolment Office of the High Court of Chancery.

hereafter founded.

II. And be it further enacted, That wherever any such Charity The like of Chaor charitable Donations shall be founded, established, made or bene- ritable Donations fited, increased or secured by any Deed, Will or other Instrument hereafter to be made or executed by any Person or Persons, that then a like Memorial or Statement, according to the Directions hereinbefore contained, shall be registered, and left and transmitted as aforesaid, by such Person or Persons as are hereinbefore mentioned, within Twelve Montns after the Decease of such Person or Persons by whom any such Will, Deed or Deeds, or other Instrument shall have been made or executed.

Clerks of the Peace to provide proper Books,

111. And be it further enacted, That for the Purpose of such Registries of such Memorials or Statements, the Clerk of the Peace for the Time being of each and every County or City or Town, being a County of itself, or Riding within England and Wales, shall, as wherein Registries there shall be Occasion, provide proper Books of Parchment or made. Vellum, wherein such Registers shall be made and entered; and every such original Memorial or Statement, and every such Book provided as aforesaid, shall be carefully kept and preserved for public Use and Inspection in the Office to which it shall belong, together with a correct Index, to be made from Time to Time by such Clerk of the Peace, of such Charities and Charitable Donations, distinguishing each by the Name of the original or first Donor or Founder thereof, where known, or the Appellation or Title most generally used for such Charity or charitable Donations.

Notice given in

المياو

not be

IV. And be it further enacted, That in Case the Persons to be benefited by any such Charity or charitable Donations as aforesaid London Gazette if shall not be wholly within any one County, then, and in such Case, Persons benefited such Clerk of the Peace of the County where any such Charity or wholly within one charitable Donation shall be registered, shall forthwith notify in the County. London Gazette the Name or Title thereof, according to the Appellation or Title used in the Index aforesaid, and the Names of the several Places wherein the Objects of such Charity or Charitable Donations shall be, and the particular or general Objects thereof, and also the Name of the County wherein such Memorial or Statement shall have been registered.

registered Petition

V. And be it further enacted, That if any such Charity or charitable Donation shall not be duly memorialized, stated and regis- If Donations not tered according to the Provisions of this Act, it shall and may be presented to Lord lawful for any Two Persons or more, interested in such Charity or Chancellor, &c. charitable Donation, to present a Petition to the Lord Chancellor,

No. 15.

Lord Keeper, or Lords Commissioners for the Custody of the Great 52 G. III. c. 102. Seal, or Master of the Rolls for the Time being, or the Court of Exchequer, complaining thereof; and they are hereby required to hear such Petition in a summary Way, and upon Affidavits, or such other Evidence as shall be produced upon such hearing, to determine the same, and to make such Order therein, and with Respect to the Costs of such Application and Proceedings, as to him or them shall seem fit, and which Order shall be final and conclusive.

Procedings not to decide Right or Title.

Clerk of Peace

to make Searches,

and give Copies of

Registers.

Allowance to

Peace;

VI. Provided always, and be it further enacted, That no Proceedings under the Provisions hereinbefore mentioned, shall extend or be construed to extend to decide any Right or Title as to the Property that shall be so registered, or as to the Persons who shall be entitled, or claim to be entitled, to the Benefit thereof, or any Interest therein. VII. And be it further enacted, That all and every Clerk of the Peace of the several Counties and Ridings in England and Wales, shall, as often as required, make Searches concerning all Memorials and Statements directed by this Act to be entered in his or their Office 'as aforesaid, and shall also give Copies of the same under his Hand, if required by any Person whatsoever, who shall tender or be willing to pay him the Sum or Sums hereinafter directed to be allowed to him for such Copies of such Memorials or Statements as aforesaid

VIII. And be it further enacted, That every such Clerk of the Clerk of the Peace shall be allowed for the registering every such Memorial or Statement as is by this Act directed, the Sum of Four Shillings, and no more, in Case the same do not exceed Four Hundred Words, but if such Memorial or Statement shall exceed Four Hundred Words, then after the Rate and Proportion of One Shilling an Hundred for all the Words contained in such Entry, and the like Fees for the like and to Person iu- Number of Words contained in every Copy of any Entry given out of Notifica the said Register, and no more; and for every Notification in the London Gazette, the Costs of such Notification, and the further Sum of Ten Shillings for drawing and inserting the same, and transmitting the Duplicate or Copy herein before mentioned unto the Enrolment Office of the High Court of Chancery, and no more.

serting
tion in Gazette.

Further time al

Difficulties occur

same.

IX. And be it further enacted, That where any Difficulty shall lowed to register Occur in making and preparing such Memorial or Statement as aforeMemoria! where said, so as to render it necessary to employ any longer time than is in preparing the allowed by the Provisions of this Act for registering such Memorial or Statement as hereinbefore is mentioned, it shall and may be lawful for the Court of Quarter Sessions for the County, or City, or Town, being a County of itself, wherein such Memorial or Statement is intended to be registered, to allow, on Application made to them, and on Examination of the Circumstances, such further Time, not exceeding Six Calendar Months, as to such Court shall seem necessary to be given for the Purpose of duly registering such Memorial or Statement as hereinbefore is mentioned.

rials allowed.

Costs attending X. And be it further enacted, That it shall and may be lawful preparing Memo- for the Court of Quarter Sessions of the County, or City, or Town, being a County of itself, wherein such Statement or Memorial shall have been registered, to allow such reasonable Costs and Charges attending the preparing and registering, notifying and transmitting such Memorial or Statement, with Reference to the Income of the Charity or charitable Donation, to such Person or Persons causing the same to be registered, as such Court shall think fit; and it shall and may be lawful for such Person or Persons who shall have caused such Memorial or Statement to be registered, to deduct out of the Income, Funds, Rents, and Profits in his or their Hands of such Charity or charitable Donation so by him or them memorialized and stated and registered, the Sum and Sums so allowed, and no more: Provided

No. 15.

always, that the said Court of Quarter Sessions shall not allow any
Sum whatever for and in Respect of such Costs and Charges, unless it 52 @ 11 e 10%
shall be stated to them upon the Declaration in Writing of the Person
or Persons applying for such Allowance, and signed by him or them,
that such Memoral or Statement is to the best of his, her or their
Knowledge and Belief true in every Respect, and that it doth contain,
to the best of his, her or their Knowledge and Belief, a true and full
Account of the Real and Personal Estate, annual gross Income, In-
vestment, and the particular or general Objects of the Charity or
charitable Donation of which such Memorial or Statement shall have
been registered, together with the Names of the respective Donors or
Benefactors thereto, where known, and also of the Person or l'ersons
in whose Custody, Possession or Controul, the Deeds, Wills, and
other Instruments herein before mentioned, shall at such Time be, and
also the Names of the Trustee or Trustees, Feoffee or Feoffees; Pos-
sessor or Possessors of such Real and Personal Estate: Provided
always, that none of the Provisions hereinbefore contained shall be Not to extend to
construed to extend to any Charity or charitable Donation not issuing red upon Lands;
out of or secured upon any Lands, Tenements or Hereditaments, or nor to Charitable
directed by the Founder or Donor thereof to be secured thereon, or to
be permanently invested in Government or any Public Stocks or
Funds, nor to any charitable Donation whatsoever, which by the
Direction thereof, or by the lawful Rules of any charitable Institution
whatsoever, may be wholly or in Part expended in and about the
charitable Purposes for which the same may have been given, at the
Discretion of the Governors, Directors, Managers, or the Trustee or
Trustees of such charitable Institution at any Time whatsoever.

Donation not secu

Institutions.

XI. And be it further enacted, That nothing in this Act shall be Act not to extend construed to extend to any Hospital, School or other charitable Insti- to any Royal Fourdations; nor to tution whatsoever, which shall have been founded, improved or recertain Institu gulated by or under the Authority of the King's most Excellent tions. Majesty, or any of his Royal Predecessors, or of any special Act of Parliament thereunto particularly relating; nor to any charitable Donation under the Superintendence of any such Hospital, School or Institution, nor to the Governors of the Corporation of the Charity for the Relief of Poor Widows and Children of Clergymen, nor to any Friendly Society, the Rules whereof shall have been confirmed according to the Provisions of the Act or Acts for the Encouragement and Relief of Friendly Societies; nor to either of the Universities of Oxford or Cambridge, nor to any College or Hall thereto belonging, nor to any charitable Bequest, Devise, Gift or Foundation whatsoever belonging thereto, or under the Controul, Direction, Superintendence or Management of the said Universities or either of them, or any College or Hall therein respectively; nor to the Radcliffe Infirmary within the University of Oxford; nor to the Colleges of Westminster, Eton, or Winchester, or any of them; nor to any Cathedral or Collegiate Church within England and Wales; nor to the Charter House; nor to the Corporation of the Trinity House of Deptford Strond; nor to any Funds applicable to charitable Purposes for the Benefit of any Persons of the Jewish Nation.

Quakers.

XII. Provided always, That nothing in this Act contained shall Nor to Chariter extend to any charitable Foundation or Donation which shall have ble Institutions of been or shall be given to and for the Benefit of any Person or Persons of the Society of People called Quakers, and which shall be under the Superintendence and Controul of Persous of that Persuasion.

Foundations. Ac

XIII. Provided always, and be it further enacted, That nothing Nor to Charitable in this Act contained shall extend to any Charity or charitable Dona- counts of which tion or Foundation, the Accounts of the Income and Expenditure are directed to be whereof shall have been directed to be annually passed in the High passed in Court of

Chancery, &

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No. 15. Court of Chancery, nor to any Charity or charitable Donation or 52 G. III. c. 102. Foundation, the annual gross Income whereof shall not exceed Forty Shillings, and of which the Trustee or Trustees, Feoffee or Feoffees, Possessor or Possessors, soine or one of them, shall within Six Months after the passing of this Act deposit in the Hands of the Minister of the Parish wherein any of the Objects of such Charity, charitable Donation or Foundation shall be, a written Memorial or Statement in like Form as in the Schedule hereunto annexed is contained, and which by such Minister shall be forthwith deposited in the Parish Chest.

Divers Charities

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XIV. And be it further enacted, That where any Body Corporate, stated in Memo Guild or Fraternity, shall be entrusted with the Possession or Distri bution of divers Charities or charitable Donations or Foundations, or of the Rents and Profits thereof, that in such Cases all such Charities, charitable Donations and Foundations, may be registered and stated in one and the same Memorial.

XV. Saving always to the King's Most Excellent Majesty, and to General Saving. all other Persons, such Power of superintending and regulating Charities and charitable Establishments, and the Property and Funds thereof, as they respectively had before the making of this Act.

SCHEDULE to which this Act refers.

MEMORIAL or Statement in pursuance of an Act for the regis

charitable

whereby it

A
by the Undersigned [state the Name or Names of the Person or
Persons who sign the Memorial or Statement] That the Real or Per.
sonal Estate [state this as the Case may be] of the [state the Title,
or Appellation of the Charity or charitable Donation] consists of
[state this us the Case may be; and if Real Estate, whether it be in
Lands, Tenements or Hereditaments, aud of what Tenure, and where
the same are situate, or whether of any Charge or Incumbrance on any
Lands, Tenements or Hereditaments, and where situate: and if
Personal Estate, describe the Nature of it, and how secured] and
the Gross Annual Income arising therefrom amounts to [state the
Sum] and the Objects of which Charity or charitable Foundation are
[state the general or particular Objects of the Charity] and which
Charity or charitable Foundation was, according to the best of my
[or, our, as the Case may be] Knowledge and Belief, founded by
state by whom; and if benefited, increased or secured by any other
Person, state the same and by whom] and the Deeds, Wills and other
Instruments [state this as the Case may be; and if no Deeds, Wills,
or other Instruments exist, state the same] are, to the best of my
[or, our, as the Case may be] Knowledge and Belief, in the Custody,
Possession or Controul [state this as the Case may be] of [state the
Name of the Body Corporate or natural Person] and the Trustees,
Feoffees, or Possessors [slate this as the Case may be] of the said
Real and Personal Estate [state this as the Case may be] are, to the
best of my [or, our, as the Case may be] Knowledge and Belief
[state the Name of the Body Corporate or natural Person, as the
Case may be.]
A. B.

(Signed)

C. D.

E. F.

Trustee or Trustees, Feoffees, Possessor or Possessors of the Real or Personal Estate [as the Case may be] of the Charity or Charitable Donation hereby memo rialized and registered.

367

PART II. CLASS VI.

ACTS FOR CONVEYANCES BY INFANTS,
LUNATICS, &c.

No. 1.

7 Anne, c. 19.-An Act to enable Infants who are seized or possessed of Estates in Fee, in Trust, or by Way of Mortgage, to make Conveyances of such Estates.

WHEREAS ms under the age of One and Twenty Years, have

HEREAS many Inconveniences do and may arise by Reason 7 Anne, c. 19.

After 10 May,

1709, auy Person

ing Estates in Lands, Tenements, or Hereditaments, only in Trust 'for others, or by Way of Mortgage, cannot (though by the Direction of the Cestuy que Trust, or Mortgagor) convey any sure Estate in any such Lands, Teuements, or Hereditaments, to any other Person or Persons;' For Remedy thereof, be it 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, That from and after the Tenth Day of May One Thousand Seven Hundrend and Nine, it shall and may be lawful to and for any such Person or Per- under the Age of sons, under the Age of One and Twenty Years, by the Direction of 21, being Trustees, &c. may by the the High Court of Chancery or the Court of Exchequer, signified by Directions of the an Order made upon hearing all Parties concerned, on the Petition of Courts of Chance the Person or Persons for whom such Infant or Infants shall be seized ty. or Exchequer, convey suc Lands, or possessed in Trust, or of the Mortgagor or Mortgagors, or Guardian &e and such Conor Guardians of such Infant or Infants, or Person or Persons entitled veyance shall be good. to the Monies secured by or upon any Lands, Tenements, or Heredita→ ments, whereof any Infant or Infants are or shall be seized or possessed by Way of Mortgage, or of the Person or Persons entitled to the Redemption thereof, to convey and assure any such Lands, Tenements, or Hereditaments, in such Manner as the said Court of Chancery or the Court of Exchequer shall, by such Order so to be obtained, direct, to any other Person or Persons; and such Conveyance or Assurance so to be had and made as aforesaid, shall be as good and effectual in Law, to all Intents and Purposes whatsoever, as if the said Infants or Infant were, at the Time of making such Conveyance or Assurance, of the full Age of One and Twenty Years; any Law, Custom, or Usage to the contrary in any wise notwithstanding.

An Infant being II. And be it further enacted by the Authority aforesaid, That Trustee, &c may all and every such Infant or Infants, being only Trustee or Trustees, be compelled to Mortgagee or Mortgagees as aforesaid, shall and may be compelled by make such such Order, so as aforesaid to be obtained, to make such Conveyance

veyance, &c.

Con

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