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the Governors and Company of the Bank of claimants were made a rule of the Court of
England from their names to the account of
29. Mode of drawing on the banking ac
30. As to disposal of principal moneys paid to them.
31. Payments to the banking account, how to be made.
32. For the regulation of transfers and payments to or by the official trustees.
33. Copies of orders affecting the account of the official trustees to be sent to the board. 34. Board may make orders for restraining transfers of stock, &c., which are to have the effect of a distringas.
35. Indemnity to the bank and others. 36. It shall not be lawful for any trustees or persons acting in the management of a charity to grant without the approval of the board any lease of the charity lands in reversion after more than three years of any existing lease, or for any term of life, or in consideration, wholly or in part, of any fine.
37. So much of section 21 of the principal Act as requires a compulsory provision to be inserted in every mortgage for the payment of the principal money borrowed by annual instalments and for the redemption and reconveyance of the mortgaged estates within the period of not more than 30 years, is hereby repealed; but the board authorising any mortgage to be made of any charity estate may, by the same or any other order, direct the trustees of the charity to discharge the principal debt, or any part thereof, by equal yearly instalments within 30 years from the date of the security, or to form an accumulation or sinking fund out of the income of the charity for discharging the principal debt, or any portion thereof, within the same period, and may give any directions as to the investment and accumulation of such fund, and the trustees for the time being of the charity shall carry such order into effect.
Chancery, and may be enforced accordingly.
39. The board upon the application of the trustees or persons acting in the administration of any charity may authorise a partition of any land whereof any undivided share shall belong thereto, and the receipt or payment of any money for equality of partition, and may give any directions in relation thereto and for securing the due investment or disposal of any money to be received for equality of partition, which directions the trustees or administrators of the charity shall carry into effect.
40. Board may authorise payments for equality of exchange or partition. 41. Exchanges of partitions authorised as under the General Inclosure Act. 42. Notice to be given of exchange and partitions.
43. Where there shall be uncertainty as to the specific part of any estate out of which any rent, annuity, or other periodical payment, not exceeding the yearly sum of 107., charged upon some part of the same estate, for the benefit of a charity shall be payable, it shall be lawful for the board, upon the application of the trustees or persons acting in the administration of the charity, or of any person interested according to the aforesaid definition of "persons interested" in the same estate to determine by their order the land charged with such rent, annuity, or other periodical payments, which shall thenceforth stand charged with such rent, annuity, or periodical payment accordingly, to the exoneration of the residue of such estate therefrom; and such order shall be valid and effectual notwithstanding any infirmity of estate or defect of title of any person on whose application the same shall have been made.
44. Expenses of exchanges and partitions and determining application of charges. 45. Incorporated charities and trustees for charities may re-invest in land.
46. Order of board for investments to be carried into effect, and costs to be raised.
47. Leases, &c., to be valid, notwithstanding disabling acts.
38. The 23rd section of the principal Act 48. The board may order the bill of costs or shall extend to authorise a compromise or ad- charges claimed by any attorney or solicitor on justment of any claim, demand, or cause of account of business conducted or transacted suit against any charity or the trustees or ad- by him on behalf of any charity or the trustees ministrators thereof, and the order of the board thereof to be examined and taxed by the Taxin relation thereto shall have the like effect as ing Masters of the Court of Chancery, or by in the case of any compromise or adjustment the proper taxing officers of any of the Sufor which provision is made by the said sec- perior Courts at Westminster, who shall protion; and the board may at any time by their ceed to examine and tax the same bill accordorder refer any claim, demand, or cause of ingly; and if the same shall be reduced upon suit which they might authorise the trustees of such taxation by the amount of one-sixth part the charity to compromise or adjust to arbitra- or more of the amount thereof, the costs of the tion, under such terms and subject to such taxation shall be paid by such attorney or soconditions as they may consider expedient; licitor, but otherwise out of the funds of the and every order of reference to arbitration charity by the trustees thereof: And the board made by the board, and by which the adverse may order any such bill to be so taxed, notclaimants shall agree to abide, shall be as withstanding that the same may have been paid binding on the trustees or administrators of by the trustees of the charity at any period notthe charity, as well as such adverse claimants, more than six calendar months previously to as if an agreement to the same effect between such order, and any amount taxed of any such the same trustees or administrators and adverse paid bill shali be a debt due from the attorney:
Extension of the Charitable Trusts' Act.
or solicitor to the trustees of the charity, and shall be forthwith paid by him to such trustees accordingly.
49. Amendment of s. 27 of principal Act. 50. Deeds and documents relating to charities may be enrolled at the office of the board, and copies of enrolment to be evidence. 51. Office of the Commissioners substituted for the office of Registrar of County Courts judgments for the purposes of sect. 55 of principal Act.
52. Section 61 of "The Charitable Trusts Act, 1853," except so much thereof as enacts that the trustees or persons acting in the administration of every charity shall, in books to be kept by them for that purpose, regularly enter or cause to be entered full and true accounts of all money received and paid respectively on account of such charity, shall be repealed as to all accounts which such trustees or administrators shall not have been bound to render before the passing of this Act; and the trustees or administrators of every charity shall on or before the 25th day of March in every year, or such other day as may be fixed for that purpose by the board, or as may have been already fixed for rendering the accounts thereof required by the principal Act, prepare and make out the following accounts in relation thereto; (that is to say,)
(1.) An account of the endowments of the
(2.) An account of all balances in hand at the
(4.) An account of all moneys owing to or from the charity:
Which accounts shall be certified under the hand of one or more of the said trustees or administrators, and shall be audited by the auditor of the charity, if any; and the said trustees or administrators shall, within 14 days after the day appointed for making out such accounts, deliver or transmit, free of charge, one copy thereof to the Commissioners at their office in London, and one copy thereof to the clerk of the County Court or each County Court within the district of which the charity is applicable, or (where the charity is applicable
in the districts of more than one County Court), then to the clerk or clerks of such one or more of the same Courts as the board may direct and where the charity is applicable in the city of London or the liberties thereof, or any adjoining precincts or extra-parochial places not within the jurisdiction of a County Court, then to the clerk of the Sheriffs' Court of London having jurisdiction under the provisions of "The London (City) Small Debts Extension Act, 1852;" and every copy received by the clerk of any County Court, or of such lastmentioned Court, of such accounts, shall be kept and registered by him without fee or reward, and shall be open to the inspection of all persons, at all seasonable hours, on payment of is. for every such inspection, and any person may require a copy of every such account, or of any part thereof, on paying therefor to the clerk in whose custody it shall be after the rate of 2d. for every 72 words or figures.
53. Board may make orders as to delivery and publication of account by trustees, and as to the form thereof.
54. Trustees wilfully omitting to make returns of account to be deemed guilty of a contempt of Court of Chancery.
55. Every trustee or person acting in the administration of any charity who or whose known agent in the administration thereof shall receive from the board a notice to set out, deliver, or transmit any account required by this Act, or by any order in force in relation to such accounts, and who shall not fully comply with the same notice within such reasonable period as shall be fixed by the board, shall be deemed to have wilfully omitted to comply with such requirements, and proof that such notice addressed to such trustee or person, or to such his known agent at the usual place of abode of the person so addressed was put into some post office, shall be prima facie evidence of the due receipt of the notice by the person so addressed.
56. The exemption contained in the 62nd section of the principal act of voluntary subscriptions by which any charity may be wholly or partially maintained, and of donations and bequests applicable as income in aid of such voluntary subscriptions, and of portions of such donations, bequests, and voluntary subscriptions appropriated and invested for any defined and specific object or purpose as therein expressed from the provisions of that Act, shall not henceforth extend to any real estate or stock in the public funds or of any public company, securities, or other investments of the like permanent nature, on which any such exempted funds shall be laid out.
57. The 64th section of the principal Act shall apply as well to members of any charity within the operation of that Act as to members of any charity exempted from the operation thereof.
QUESTIONS AT THE EXAMINATION. 1854, in what cases are new powers given for
Easter Term, 1855.
1. WHERE, and with whom, did you serve your clerkship?
2. State the particular branch or branches of the law to which you have principally applied yourself during your clerkship.
3. Mention some of the principal law books which you have read and studied.
4. Have you attended any, and what, law lectures?
obtaining the opinion of a Court of Error?
19. In an action on a mortgage-deed, where the only plea is non est factum, can the defendant go into evidence that the deed was obtained by fraud, or that the consideration money was not paid?
20. What are the usual limitations to bar dower of a person married before the Dower Act (3 & 4 Wm. 4, c. 105); and why are such limitations effectual to bar dower?
21. If land be limited by grant or lease and release to A. and his heirs to the use of B. and II. COMMON LAW AND PRACTICE OF THE his heirs to the use of C. and his heirs, what
5. Can an infant maintain an action, and how?
6. Is it necessary in any, and what, cases, previous to commencing an action, to give notice to the defendant? And what will be the consequence at the trial of omitting to give such notice?
7. When a party has a lien on deeds to secure the payment of a debt, and the debt becomes barred by the Statute of Limitations, does the lien continue, or is it at an end?
8. When a married woman is sued as a feme sole, and she pleads her coverture, and a verdict is found for her, is she entitled to any, and what costs?
9. Has any, and what, alteration been recently made as to the form of affidavits; and if the alteration is not adopted, in what way will the costs be affected?
10. When a party gives a warrant of attorney, by whom must it be attested, and what must the attestation state?
11. When an attesting witness to the execution of a deed is dead, how is the execution to be proved?
12. State the usual evidence to recover a debt for goods, when the general issue only is pleaded?
13. When the sheriff, having seized goods under an execution, receives notice from the landlord that rent is due, and notwithstanding removes the goods without paying such rent, has the landlord any, and what, remedy?
14. When several actions are brought against different underwriters on the same policy, can they take any, and what, steps, to save unnecessary expense?
15. A cause having been tried, after what time can the successful party enter up judg¦ ment, and what power has the Judge to shorten or to delay the period for so doing?
16. A plaintiff has reason to think that property of a defendant is in the hands of a third party, what proceedings should he adopt to ascertain the particulars of it, and to obtain it?
17. A plaintiff or defendant prior to the trial of a cause, wishes to ascertain facts which he believes to be in the knowledge of the opposite party, what proceedings should he adopt to do so?
18. By the Common Law Procedure Act,
will A., B., and C. respectively take?
22. If a person be desirous of giving land to a charity, how can he effect his object?
23. Land is by deed limited to the use of 4. for life, with remainder to B. in fee-B. dies having by another instrument-namely, by his will, devised the land (subject to 4.'s life estate) to C. in tail with remainders over. A. is still living, C. is desirous of barring his estate tail.-State whether there is any protector of the settlement whose consent is necessary in order to enable C. to bar the estate tail.
24. What is a lis pendens, and where must a memorandum thereof be registered in order to affect a purchaser of land?
25. A. having married after the Dower Act (3 & 4 Wm. 4, c. 105) purchased, and was duly admitted to copyhold lands; and by a deed executed by him, declared that his widow should not be entitled to dower out of such copyhold lands. Will the widow be barred of her customary dower out of such copyhold lands by such deed?
26. A. by his will, gives to B. a power to appoint a sum of money to all, or some, or one of his (B.'s) children, as B. may think fit. B. has several children-one of such children dies in B.'s lifetime, leaving children being B.'s grandchildren. Is B. authorised under such power to appoint any part of the money to such his grandchildren, or any of them?
27. What is the rule with respect to furnishing attested copies of title-deeds to a purchaser in the absence of special conditions of sale?
28. How are lands settled when they are said to be settled in "strict settlement?"
29. In a mortgage in fee, to three persons with a power of sale-state the proper words, designating to whom such power should be reserved.
30. If a lessee assign his lease, has the assignment any effect upon his covenants with his lessor?
31. What are the requisites for a due execution and attestation of a will, and how may a will be cancelled? The revocation of a will by making another will, or by a codicil, is not intended to be referred to in this question.
32. If A. claims to be heir at law, as the eldest son of B., what evidence is necessary to prove the heirship?
33. In a sale of land by trustees, what
Questions at the Examination.
covenants can be required of them in the conveyance?
34. In a sale of copyhold lands, upon whom does the expense of the surrender and admit
IV. EQUITY AND PRACTICE OF THE
35. What are the principal matters in which Courts of Equity have exclusive jurisdiction? 36. In what cases is a remedy afforded both at Law and in equity?
37. In what cases will the Court set aside a deed or contract?
38. When will the Court not enforce a contract for specific performance?
39. What acts are considered as part performance of a contract, so as to take a case
out of the Statute of Frauds?
40. Are there any, and what, cases in which evidence of constructive notice of an incum
brance will be deemed sufficient?
41. In what cases will, or will not, equity relieve against the forfeiture of a lease by breach of covenant?
42. By what means can trustees obtain pro
tection in the execution of the trust?
44. To what cases is the new practice of filing claims, instead of bills, applicable?
45. What is the mode of defence to a claim? 46. State some of the usual proceedings before a Judge at Chambers, under the recent Statute and Orders of Court.
47. What power of appealing against a decree or order has a party to a suit in Chancery? 48. Describe some of the proceedings in a suit which are termed "interlocutory."
49. On what grounds can a writ of ne exeat regno be obtained?
V. BANKRUPTCY AND PRACTICE OF THE
50. By what Act are the several statutory provisions relating to bankrupts consolidated? and give the short title to the Act.
51. State in general terms the description of persons liable to become bankrupt.
52. What description of dealing is requisite to constitute a trading within the meaning of the Statute?
57. Are there any, and what, means by which the attendances of witnesses to prove trading and an act of bankruptcy can be enforced?
58. What amount of debt is requisite to en able a creditor to petition for adjudication? 59. Can a trader take any, and what, steps in order to make himself a bankrupt?
60. What effect has the bankruptcy upon warrants of attorney, cognovits, and consents to Judges' orders, given by traders?
61. If the bankrupt has in his possession at the time of his bankruptcy the property of an other, with his consent, what effect has the bankruptcy thereon?
62. Does a bankrupt after bankruptcy continue liable to the rent or covenant in leases, or what steps must he take to relieve himself from such liability?
63. If all the parties to a bill of exchange become bankrupt, to what extent can the holder prove on and receive dividends out of their respective estates ?
64. What are the respective rights of joint under an adjudication against partners in and separate creditors as to the proof of debts
CRIMINAL LAW AND PROCEEDINGS BEFORE MAGISTRATES. 65. Define a crime. How does it differ from a civil injury?
66. What is the distinction between a felony and a misdemeanour? If a prisoner is indicted for a misdemeanour, and the evidence shows that he was guilty of a felony, what is the proper course to adopt?
67. Define the offence of simple larceny. What is the distinction between simple and compound larceny ?
68. What changes have been made by modern Statutes with respect to the subject-matter of larceny?
69. Is it necessary to describe in an indictment the nature of the property stolen ? When may a variance in this respect be amended?
70. In whom should the ownership of stolen property be laid when they were stolen from a bailee or servant of the owner?
71. How many distinct acts of stealing may be charged in one indictment, and within what period must they have been committed?
72. Define the offence of embezzlement. In
53. Enumerate the principal acts of bank-what respects does it differ from larceny ? ruptcy, and state whether such acts must be done with any, and what, intention ?
54. Is an assignment of all the traders' property necessarily an act of bankruptcy, or by what means may it be prevented from becoming such?
55. If you were instructed by a creditor to make his debtor a bankrupt, what steps must you take to obtain adjudication of bankruptcy? 56. If such debtor had not committed an act of bankruptcy are there any proceedings by which the creditor could obtain either payment or security for his debt, or an adjudication of bankruptcy against the debtor? if so, describe them.
73. Can a person who obtains money by means of a false statement respecting some future event be indicted?
74. Can a person be indicted for obtaining money under false pretences for an alleged charitable object?
75. In an indictment for obtaining property by false pretences, is it necessary to state to whom the property belonged? or whom the prisoner intended to defraud?
76. Will the alteration of a genuine instrument amount to forgery? If so, under what circumstances?
77. To what Superior Court can an indictment be removed, and how?
78. How can a settlement be acquired, by renting a tenement, or by paying rates and
79. How long residence in a parish makes a pauper irremovable? Before what event is the period of residence computed, and what times are to be excluded from such period?
METROPOLITAN AND PROVINCIAL LAW ASSOCIATION.
PROCEEDINGS AT THE EIGHTH ANNUAL GENERAL MEETING.
HELD 18TH APRIL, 1855.
Mr. E. S. Bailey in the Chair.
THE Secretary read the Report and the Annual Balance Sheet.
Resolved,-1. On the motion of Mr. Powell, of Birmingham, seconded by Mr. A. P. Bower, of London,
That the Report of the Committee of Management be received and adopted, and that it be printed and circulated, under the direction of the Committee.
Resolved,-2. On the motion of Mr. Summerscales, of Oldham, seconded by Mr. Lett, of London,
That the cordial thanks of the Association be presented to the Committee of Management for their labours during the past year. Resolved,-3. On the motion of Mr. A. Ryland, of Birmingham, seconded by Mr. Statham, of Liverpool,
That the following Members of the Association be elected Members of the Committee of Management for the ensuing year :Chairman-Mr. T. H. Bower. Deputy-Chairmen-Mr. J. Sangster and Mr. W. S. Cookson. Metropolitan Solicitors.
W. Minchin, Portsea
Joseph Peers, Ruthin
F. N. Devey
E. S. Bailey
E. W. Field
J. S. Gregory
", T. Kennedy
G. H. Seymour, York.
» Henry C. Chilton
Thomas Hodgson, York
George Leeman, York
Resolved,-4. On the motion of Mr. Beever, of Manchester, seconded by Mr. Kennedy of London,
That the best thanks of the Association be presented to Mr. Bromley for his services as Auditor, and that he and Mr. A. P. Bower be requested to accept the same office for the ensuing year.
Resolved,-5. On the motion of Mr. A. P. Bower, seconded by Mr. Summerscales of Oldham,
That a list of all subscriptions due for more than year be laid on the table at every yearly meeting.
That every member who has not paid his subscriptions for two years besides the current year shall, after one month's notice to him, be erased from the list of subscribers,