work fronting upon every street, terrace, crescent, circus, or place, upon the houses, shops, warehouses, cellars, vaults, and buildings in which such respective rate shall have been raised, and in paying all the expenses incurred in or about the performance of such work; and that the said last-mentioned rates shall be assessed and levied and recovered in the same manner and with all the same powers and remedies as the rates by this Act authorized to be assessed for the general purposes of this Act as aforesaid.

XXXII. Provided that no lessee or other person who shall pay the rate assessed by the said Commissioners for the expense of the cleaning and colouring the stucco and outside stone work hereby authorized to be cleaned and coloured by the said Commissioners shall be liable to be sued in respect of the colouring and cleaning of the outside stucco or stone work which the Commissioners for executing this Act are hereby authorized to colour and clean, upon any covenant in the lease of the premises in respect of which such rate shall be laid and assessed, before the expiration of four years after the assessing of the last rate which shall have been paid in respect of the cleaning and colouring of the stucco and outside stone work of the premises comprised in such lease.

XXXIII. Provided that from and after the cleaning and colouring of the outside stucco or stone work of any house, building, or wall by the Commissioners acting in the execution of this Act, under the authority for that purpose hereinbefore contained, it shall not be lawful for the lessee, owner, or occupier of such house, building, or wall, or for any other person or persons (except the said Commissioners or any person by them in that behalf authorized), to clean or colour or in any manner to paint or vary the colour or appearance of such outside stucco or stone work; and if any such lessee, owner, or occupier, or other person or persons, shall so clean or colour or in any manner paint or vary the colour or appearance of such outside stucco or stone work, he, she, or they shall for every such offence forfeit and pay a sum of 10l.

XXXIV. Provided, that if the owner or occupier of any house, shop, building, warehouse, or tenement in any of the streets, parts of streets, squares, circuses, terraces, courts, ways, and places within the jurisdiction of the said Commissioners, has written, printed, painted, delineated, or placed, or caused to be written, printed, painted, delineated, or placed, or shall write, print, paint, delineate, or place, or cause to be written, printed, painted, delineated, or placed, any name, description of trade or occupation, or any board, sign, or other matter or thing, on any part of such house, shop, building, warehouse, or tenement, above the base of the balcony or level of the upper surface of the joists of the first floor thereof, or shall put up or place, or cause or suffer to be put up or placed, upon or against any part of the external front or of the sides of such house, shop, building, warehouse, or tenement, or upon or against any portico, colonnade, pillar, column, or other erection in front or at the side thereof, any board, sign, placard, or other matter or thing in the nature of an advertisement, it shall and may be lawful for the surveyor of the said Commissioners hereby appointed, by notice in writing to be left at such house, shop, building, warehouse, or tenement, to require the owner or occupier thereof to remove such name, description, board, sign, placard, or other matter or thing, and to restore the wall or place on or against which the same shall have been written, put up, or placed; and if any such owner or occupier shall, for the space of ten days after the delivery of such notice, neglect or refuse to obey the same, then and in every such case such owner or occupier neglecting or refusing so to do to the satisfaction of the said Commissioners or their surveyor for the time being as aforesaid, shall for every such offence, and upon every such neglect or refusal, forfeit and pay a sum of not less than 40s. nor exceeding 5l., and which may be levied or recovered in the same manner in which other penalties are directed to be levied and recovered by virtue of any of the said recited Acts or of this Act.

And after stating that it is provided in the said [Act] firstly recited, that for the better enforcing the payment of the rates or assessments to be made by the said Commissioners, if any person or persons liable to pay any of the rates or assessments made by the said Commissioners shall at any time begin to remove his, her, or their goods or furniture from the house or premises in his, her, or their occupation within the limits of the said Act, or to sell or dispose of such goods or furniture therein by public auction, or sell, dispose of, or carry away his, her, or their goods or furniture as aforesaid, without paying all arrears then due or rated in respect of such house or premises (in which the current quarter shall be considered as due,) then and in every of the said cases it shall be lawful for the collector to the said Commissioners to collect and levy such rates or assessments, and all arrears due thereon, and the rate or assessment for such quarter wherein such removal or sale shall begin to be made as aforesaid, (althongh previous to the time for payment of the rate or assessment for such quarter), by warrant under the hand and seal of any one or more Justice or Justices of the Peace for the county of Middlesex and city of Westminster, by distress and sale of the goods and chattels of the party so neglecting or refusing, or beginning to remove, take away, or sell any such goods or furniture as aforesaid: And whereas it hath been found that the powers granted by the above-recited enactment are not in some cases sufficient for enforcing the payment of the said rates and assessments:

It is Enacted,

xxxv. That if any person or persons liable to pay any of the said rates or assessments shall publicly advertise or announce to sell or dispose of by auction his, her, or their goods or furniture, it shall be lawful for the collector for the time being of the said Commissioners to collect and levy the rates or assessments due from such person or persons as aforesaid, and all arrears due thereon, and the rate or assessment for the quarter wherein such advertisement of sale shall be made, by warrant under the hand and seal or hands and seals of any one or more Justice or Justices of the Peace for the county of Middlesex or city of Westminster, by distress and sale of the goods or furniture of the person or persons so advertising to sell the same as aforesaid, in the same manner as is directed by the above-recited Act in cases of removal of goods, or in cases of actual sale by public auction; and that in cases where any person or persons liable to pay any of the said rates or assessments shall begin to remove his, her, or their goods or furniture as aforesaid, without paying all such arrears of rates and assessments, including the then current quarter, due from him, her, or them, it shall be lawful for the collector for the time being of the said Commissioners to seize and distrain such goods and furniture for the amount of such arrears, without any further warrant or authority; provided that such collector do with all due speed forthwith obtain a warrant for the sale of such goods or furniture from any one or more Justice or Justices of the Peace as aforesaid, and proceed thereon in manner pointed out in and by the said firstly-recited Act.

VOL. X. STAT.

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XXXVI. That where any house, building, or tenement in respect whereof any rate or assessment shall be made by the said Commissioners for executing this Act, shall be let in distinct or separate apartments or divisions to more than one tenant, then and in such case the lessee, landlord, or owner thereof, or any one or more of such tenants, shall, in the discretion of the said Commissioners, be deemed the occupier or occupiers thereof for the purposes of the said recited Acts or of this Act.

And after reciting sections 59 and 60 of the Act 1 & 2 Wm. 4. c. 22, and stating that the provisions of the said recited Act, so far as direct the true christian and surname of the owners or (if there should be more than one) of the principal owner of any waggon, wain, cart, car, dray, or other such carriage, to be painted thereon, are found to be inapplicable to the waggons, wains, carts, cars, drays, and other such carriages belonging to or employed by the Commissioners for executing this Act, or to the Commissioners of His Majesty's woods, forests, land revenues, works, and buildings:

It is Enacted and Declared,

XXXVII. That it shall not be necessary to paint or cause to be painted the true christian and surname of any person or persons whomsoever upon any of the waggons, wains, carts, cars, drays, or other such carriages belonging to or employed by the Commissioners for executing this Act, or belonging to or employed by the Commissioners of His Majesty's woods forests, land revenues, works, and buildings; and that the penalty of 51. imposed by the said recited Act of the first and second years of His present Majesty shall not be incurred or payable for want of any such true christian and surname upon any of such waggons, wains, carts, cars, drays, or such other carriages; but that it shall and may be lawful for the Commissioners for executing this Act, and they are hereby required, to cause to be painted on any waggons, wains, carts, cars, drays, or other such carriages belonging to or employed by them, in the manner directed by the said recited Act of the first and second years of the reign of His present Majesty, the words following, that is to say, "The Commissioners for paving the Regent's Park, Whitehall Place, Westminster," or in lieu of the words, "Whitehall Place, Westminster," the place where the office of the said Commissioners shall for the time being be situated; and that it shall be lawful for the Commissioners of His Majesty's woods, forests, land revenues, works, and buildings, and they are hereby required, in like manner, to cause to be painted on any waggons, wains, carts, cars, drays, or other such carriages belonging to or employed by them, the words following, that is to say, "The Commissioners of His Majesty's Woods, Whitehall Place, Westminster," or the place where the office of the said Commissioners shall for the time being be situated.

CAP. LVII.

AN ACT to continue and extend the Provisions of an Act passed in the Fifty-ninth Year of His Majesty King George the Third, for giving additional Facilities in Applications to Courts of Equity regarding the Management of Estates or Funds belonging to Charities; and for making certain Provisions respecting Estates or Funds belonging to Charities.

(23rd June 1832.)

ABSTRACT OF THE ENACTMENTS.

1. Commissioners appointed under recited Act of 1 & 2 Wm. 4. authorized to make certificates to the Attorney General as Commissioners under former Acts were empowered to do.

2. Attorney General's certificate to be evidence of particulars of cases having been duly certified by Commissioners.

3. Courts of Chancery or Exchequer empowered to direct conveyances of charity estates in certain cases.

4. For empowering resident ministers and churchwardens to receive rent-charges belonging to charities, where there are no existing

trustees.

By this ACT,

After reciting that by an Act, 59 Geo. 3. c. 81, it was, amongst other things, enacted, that whenever, upon any examination or investigation taken or had by and before the Commissioners appointed or to be appointed under the authority of certain Acts of 58 & 59 Geo. 3. therein before mentioned, any case should arise or happen in which it should appear to the said Commissioners that the directions or orders of a court of equity were requisite for the remedying of any neglect, breach of trust, fraud, abuse, or misconduct in the management of any trust created for any charitable purposes as therein before mentioned, or of the estates or funds thereunto belonging, or for the regulating the administration of any such trust, or of the estates or funds thereof, it should be lawful for the said Commissioners, or any five or more of them, if they should think fit, to certify the particulars of such case in writing under their hands to His Majesty's Attorney General, and thereupon it should be lawful for His Majesty's Attorney General, if he should so think fit, either by a summary application in the nature of a petition, or by information, as the case might require, to apply to or commence a suit in His Majesty's High Court of Chancery, or to or in His Majesty's Court of Exchequer sitting as a court of equity, stating and setting forth the neglect, breach of trust, fraud, abuse, or misconduct, or other cause of complaint or application, and praying such relief as the nature of the case might require; and after such petition should have been presented or suit instituted, such proceedings were to be had thereupon as in the said Act now in recital mentioned: And stating that the powers of the said Commissioners expired on the 1st of July 1830, and many charities still remain to be investigated: And stating that an Act was passed 1 & 2 ̊Wm. 4.

t. 34, intituled 'An Act for appointing Commissioners to continue the Inquiries concerning Charities in England and Wales for Two Years, and from thence to the End of the then next Session of Parliament,' whereby His Majesty was empowered to issue a commission, enabling the Commissioners therein to be named to investigate such remaining charities: And that it is expedient that the provisions of the said recited Act of 59 Geo. 3. should be continued in manner hereinafter mentioned: And that it is also expedient to facilitate the proofs in proceedings instituted or to be instituted under the said last-mentioned Act, or of this Act, in manner hereinafter mentioned: And that it is expedient to make such provisions respecting estates or funds belonging to charities as hereinafter mentioned :

It is Enacted,

1. That it shall be lawful for the said Commissioners appointed or to be appointed under the authority of the said Act of 1&2 Wm. 4, or under the authority of any Act to be hereafter passed for the like purpose, or any five or more of them, to make such certificates from time to time to His Majesty's Attorney General as the Commissioners appointed under the authonty of the said Acts of 58 & 59 Geo. 3, were empowered to do; and thereupon such proceedings shall or may be bad and taken as were authorized or directed by the said recited Act of 59 Geo. 3, in the same manner to all intents and purposes as if the provisions of that Act, as to such certificates and proceedings, were embodied in and re-enacted by this Act.

11. That in all cases of proceedings instituted or to be instituted by His Majesty's Attorney General in pursuance of the and recited Act of 59 Geo. 3, or of this Act, the production to the Court of a certificate under the hand of His Majesty's Attorney General, stating that the particulars of the case in question, in writing, have been certified to His Majesty's Attorney General for the time being according to the provisions of the said recited Act of 59 Geo. 3, or of this Act, as the case may le, shall be deemed sufficient evidence that such particulars have been duly certified to His Majesty's Attorney General accordingly, to and for all intents and purposes whatsoever.

IL That where the person, or all the persons, if more than one, in whom any lands, hereditaments, rent-charge, or other real property may have been vested in trust for any charity or charitable or public purpose, shall be dead, it shall be lawful for the said Court of Chancery or the said Court of Exchequer, on the petition of His Majesty's Attorney General, or of the persons or body administering such charity or superintending such public purpose, or of any person on behalf thereof, to direct any master or other officer of the said Courts respectively to cause two successive advertisements to be inserted in the London Gazette, and in one or more of the newspapers circulated in the county, city, or place where such land, bereditaments, real property, or the lands or hereditaments out of which such rent-charge is issuing, shall be situated, giving notice that the representative or representatives of the person of the last survivor of the persons in whom any land, hereditaments, rentcharge, or other real property may have been vested in trust as aforesaid do within twenty-eight days appear or give notice of las or their title to such master or other officer, and prove his or their pedigree or other title as trustee; and if no person shall per to give such notice within such twenty-eight days, or the person or persons who may appear or give such notice shall within thirty-one days after such appearance or notice prove his or their title to the satisfaction of such master or other ofer, then and in such case it shall be lawful for the said Courts respectively to appoint any new trustees for such charity or caritable or public purpose, in case no trustees for such charity or purpose duly appointed shall then be existing; and such and, bereditaments, rent-charge, or other real property may be conveyed to such new trustees when so appointed by the said Courts respectively, or to the existing trustees previously duly appointed, as the case may be, by any person whom the said Courts respectively may direct for that purpose by virtue of the provisions in this Act, without the necessity of any decree.

That whenever it shall appear to the said Commissioners to be appointed under the authority of the said Act of the last Seasics of Parliament that the property belonging to any charity consists only of one or more annuity or rent-charge, annuities rent-charges, not exceeding in the whole the yearly sum of 201., and that there are no existing trustees or persons legally fed to receive and give an effectual discharge for such annuity or rent-charge, annuities or rent-charges, it shall and may be lawful for any five of the said commissioners, by writing under their bands and seals, to empower the resident minister and the churchwardens or chapelwardens for the time being of the parish or place interested in such charity, in case only one parish or place is so interested, but if more than one parish or place is so interested, then the resident minister and the churchwardens chapelwardens of some one of the parishes or places interested, to receive the said annuity or rent-charge, annuities or rentarges, or any arrears thereof, and to apply the same according to the purposes of the charitable donations or bequests thereof, in the same manner as the trustees of the said charity would have been bound to do; and the power so to be given to such Enter and church wardens or chapelwardens shall remain in force until trustees of the said charity duly appointed shall appear and claim the administration of the funds thereof, or until trustees of the said charity shall be appointed by the Court of ChanGry or Court of Exchequer; and all receipts to be given by such minister and churchwardens or chapelwardens shall be effectual discharges to the persons liable to the payment of such annuities or rent-charges for all such sums as in such receipts tall be expressed to have been received in respect thereof; and in case of non-payment of such annuities or rent-charges, or arrears thereof, it shall and may be lawful for such minister and churchwardens or chapelwardens respectively, during the tance of the power to be given to them by virtue of the provisions of this Act, to use and exercise all such powers and emedies for recovering and compelling payment of the said annuities or rent-charges, and the arrears thereof, as the trustees of the said charities respectively might or could have done if duly appointed.

CAP. LVIII.

AN ACT to extend the Provisions of an Act of the First Year of the Reign of His present Majesty, for altering and amending the Law regarding Commitments by Courts of Equity for Contempts, and the taking Bills pro Confesso; and to explain certain Parts thereof.

By this ACT,

(23rd June 1832.)

After stating that by an Act, 1 Wm. 4. c. 36, intituled 'An Act for altering and amending the Law regarding Commitments by Courts of Equity for Contempts, and the taking Bills pro confesso,' it is amongst other things enacted, that the discharge of any prisoner adjudicated upon under the authority of an Act, 7 Geo. 4. c. 57, intituled An Act to amend and consolidate the Laws for the Relief of Insolvent Debtors in England,' or any other Act which may hereafter be passed for the relief of insolvent debtors, shall and may extend to all process issuing from any court of equity for any contempt of such court for non-payment of money, or of costs, charges, or expenses in any such court; and that in such case the said discharge shall be deemed to extend to all costs which such prisoner shall be liable to pay in consequence or by reason of such contempt, or on purging the same; and that every discharge so adjudicated as aforesaid, as to any debt or damages of any creditor of such prisoner, shall be deemed to extend also to all costs incurred by such creditor before the filing of such prisoner's schedule, in any action or suit brought by such creditor against such prisoner for the purpose, for the recovery of the same; and that all persons as to whose demands for any such costs, money, or expenses, any such person shall be so adjudged to be discharged, shall be deemed and taken to be the creditors of such prisoner in respect thereof, and entitled to the benefits of all the provisions made for creditors by the said Act or any future Act, subject nevertheless to such ascertaining of the amount of the said demands as may be had by taxation or otherwise, and to such examination thereof as is in the said last-mentioned Act or as shall be in any future Act provided in respect of all claim to a dividend of such insolvent's estate and effects: And that it is expedient to extend the provisions of the said Act 1 Wm. 4:

It is Enacted,

That in all cases of contempt other than and besides those provided for by the last-mentioned Act, where any person or persons are or is or shall at any time hereafter be in prison under or by reason of any commitment or attachment directed by or issued out of the Court of Chancery or His Majesty's Court of Exchequer, the Court of Equity by which such commitment shall have been directed or out of which such attachment shall have issued shall (upon the application of the persons or person against whom such commitment or attachment hath been directed or issued) have the power, if it shall so think fit, to discharge such persons or person from their, his, or her contempt, except as to costs thereof, for which costs they, he, or she shall remain in custody; and such costs shall be deemed within the herein before recited provisions of the said last mentioned Act, and they, he, or she shall be discharged therefrom and from the process of contempt in like manner as is in the said last-mentioned Act provided for in cases of process of contempt for non-payment of money or costs; provided that this Act shall not weaken any of the powers by the said Act, 1 Wm, 4, given, and that nothing herein contained shall lessen the operations of the said Act for the relief of insolvent debtors.

CAP. LIX.

AN ACT to transfer the Management of certain Annuities on Lives from the Receipt of His Majesty's Exchequer to the Management of the Commissioners for the Reduction of the National Debt; and to amend an Act for enabling the said Commissioners to grant Life Annuities and Annuities for Terms of Years.

ABSTRACT OF THE ENACTMENTS.

(4th July 1832.)

1. So much of recited Acts as relate to the management and payment of annuities for lives at the Exchequer, repealed. 2. Annuities created by recited Acts transferred to management of Commissioners for the Reduction of the National Debt.

3. Orders for payment of annuities remaining on 5th of July 1832, to be delivered to Commissioners by Clerk of the Pells.— Tellers of Exchequer to pay dividends in their hands as out cash on 5th July 1832, into the Bank of England.

4. Certain parts of 30 Geo. 3. c. 45, and 10 Geo. 4. c. 24, repeuled.

5. A declaration to be made in lieu of the affidavit or affirmation hitherto required by persons purchasing and receiving life

annuities.

6. Such affidavits produced after passing of this Act to be valid.

7. Affidavit may be required in certain cases.

8. Upon proof of nominees being living, or of deaths, warrants to be issued, upon which the Bank to pay.

9. Holders of annuities under first-recited Acts to have like annuities in the books of the Commissioners; and all life annuities to be transferrable in such books entire for the life of the original nominee.

10. Commissioners may direct new orders to be made out and signed, in lieu of orders lost or destroyed, without authority from Treasury, as required by 29 Geo. S. c. 41.

125

11. Accounts of annuities for terms of years unclaimed for ten years to be made up quarterly at the Bank; and the annuities to be transferred to the Commissioners, and placed under the like regulations as other stocks are subject by 56 Geo. 3. c. 60. 12. Commissioners of National Debt to certify to the Treasury before each quarter day, the amount of annuities payable under the recited Acts of 18, 19, and 30 Geo. 2, and the 5, 18, and 29 Geo. 3.

13. Letters of attorney to continue valid for receiving annuities under this Act.

14. Appointment of officers, &c.

15. Suit, &c. may be instituted against the Comptroller or Assistant Comptroller in all cases in which the Bank would have been liable if the annuity hud remained in their books.

16. Declaration, &c. not to be stamped.

17. Powers of Treasury and auditor of Exchequer, as to annuities under first-recited Acts, to cease on 5th July; and those of the Bank under 10 Geo. 4. &c., to expire on 30th of July 1832.

18. Powers of Auditor of Exchequer and Governor and Company of the Bank to be exercised by the Commissioners.

19. Penalty on forging register, certificate, transfers, &c., felony, punishable by death.

20. Treasury may order issues of money for payment of salaries.

21. Aet may be altered or repealed.

By this ACT,

After stating that certain annuities on lives have been created at various periods by sundry Acts of Parliament; (that is to say,) 18 Geo. 2. c. 9, 19 Geo. 2. c. 12, 30 Geo. 2. c. 19, 5 Geo. 3. c. 23, 18 Geo. 3. c. 22, 19 Geo. 3. c. 18, 29 Geo. 3. c. 41, 30 Geo. 3. c. 45; which said several annuities on lives were by the said recited Acts placed under the management and made payable at the receipt of His Majesty's Exchequer: And that it is expedient that the said annuities should be transferred to the management of the Commissioners for the Reduction of the National Debt, and be regulated by one general system of payment, in common with all other life annuities due to the public creditor; and it is therefore expedient to repeal so much of the said recited Acts as relate to the management and payment of the said annuities at the receipt of the said Exchequer :

It is Enacted,

1. That so much of the said recited Acts as relates to the management, assignment, and payment of the said annuities on lives at the receipt of Exchequer, is hereby repealed.

11. That after the passing of this Act, or as soon after as the necessary arrangements can be made, of which the said Commissioners shall give notice in the London Gazette, the said several annuities on lives which were created by the said several recited Acts shall be placed under the management of the Commissioners for the Reduction of the National Debt, and shall be payable and paid at the Bank of England, under the regulations hereinafter directed.

III. That all orders made out for the payment of any annuity under the provisions of the said first-recited Acts or either of them, which on the 5th of July 1832 shall be remaining in the office of the Clerk of the Pells of the Receipt of Exchequer, shall be delivered over by him to the said Commissioners for the Reduction of the National Debt, or to the Comptroller General or Assistant Comptroller acting under the said Commissioners, upon his receiving directions to that effect from the Commissioners of the Treasury; and all dividends or annuities created by any of the said first-recited Acts which shall have been directed by the auditor of the said Exchequer to be paid by the tellers thereof, but which shall not have been paid by them on the said 5th of July 1832, and which shall be then remaining in their hands under the denomination of out cash, shall be paid over by the said tellers to the Governor and Company of the Bank of England, upon their receiving directions so to do from the Commissioners of the Treasury; and the cashiers of the said Bank are hereby required to receive the same, and to carry such monies to the account of the said Commissioners for the Reduction of the National Debt.

And stating that an Act was passed, 10 Geo. 4. c. 24, intituled An Act to enable the Commissioners for the Reduction of the National Debt to grant Life Annuities and Annuities for Terms of Years,' which said life annuities were by the said Act made payable and transferrable at the Bank of England: And that it is expedient to repeal certain provisions of the said last-recited Act, and of the said recited Act of 30 Geo. 3. c. 45, and to substitute other provisions in lieu thereof:

It is Enacted,

IV. That so much of the said recited Act of 30 Geo. 3. as relates to transmitting lists by Commissioners of Treasury to parishes for returns certifying the lives of nominees, and of the said recited Act of the tenth year last aforesaid, as relates to granting certificates of the existence of nominees, and to the making certain affidavits and solemn affirmations by persons desirous of purchasing such annuities, in cases where proof of the age and identity of nominees has been before produced to the said Commissioners, certified and verified according to the provisions of the said Act, and as relates to affidavits and solemn affirmations in cases where the nominee shall not appear personally before the officers of the said Commissioners, to enable such persons to receive the half-yearly payments from time to time of every such life annuity, and also for receiving the one fourth part of any expired life annuity which shall be claimed under the provisions of the said Act, and as relates to the paying and transferring such annuities at the Bank of England, are hereby repealed.

v. That in all cases in which any affidavit or solemn affirmation was required by any of the said recited Acts aforesaid, the person or persons who would, under the said recited Acts, be required to take or make such affidavit or solemn affirmation, shall make and subscribe a declaration in lieu thereof, in such form and words and under such regulations as may be directed by the said Commissioners, or by the Comptroller General or Assistant Comptroller acting under the said Commissioners; and if any such declaration shall be untrue in any particular, the person making the same shall, over and above every other penalty to which such person may become subject, forfeit the sum of 1007.

vi. Provided, that if after the passing of this Act any affidavit or solemn affirmation shall be produced for the purpose of