CLASS VII. No. 4. G. 3. c. 12. the relief of has been manage Sect. 2. When any complaint shall be made to any PART II. Justice of the Peace of the want of adequate relief by or on the behalf of any poor inhabitant of any parish for which a select vestry shall be established by virtue of this Act, or in Stat. 59 which the relief of the poor is or shall be under the management of Guardians, Governors, or Directors appointed by Proceedvirtue of special or local Acts, such Justice shall not proceedings before therein or take cognizance thereof, unless it shall be proved Justices for on oath before him that application for such relief hath been the poor of first made to and refused by the select vestry, or by such a parish Guardians, &c. and in such case the Justice to whom the where lect vestry complaint shall be made may summon the Overseers of the Poor, or any of them, to appear before any two of his Ma-established, jesty's Justices of the Peace to answer the complaint, and or which is upon the hearing thereof it shall be proved on oath, to the under the satisfaction of the Justices who shall hear the same, that the ment of party complaining or on whose behalf the complaint shall guardians, be made is in need of relief, and that adequate relief hath &c. by virbeen refused by the select vestry or by such Guardians, &c. local Acts. or that such select vestry shall not have assembled as by this Act directed, it shall be lawful for such Justices to make an order under their hands and seals for such relief as they in their just and proper discretion shall think necessary; (reference being also had by such Justices to the character and conduct of the applicant;) provided that in every such order the special cause of granting the relief thereby directed shall be expressly stated, and that no such order shall be given for or extend to any longer time than one month from the date thereof; provided that it shall be lawful for any Justice to make an order for relief in any case of urgent necessity, to be specified in such order, so as such order shall remain in force only until the assembling of the select vestry of the parish, or of such Guardians, Governors, and Directors, as aforesaid, to which such case shall relate. tue of any the pro ceedings of submitted Sect. 3. Every select vestry to be established by the Minutes of authority of this Act, shall cause minutes to be fairly entered in books to be for that purpose provided of all their a select meetings, proceedings, resolutions, orders, and transactions, vestry to be and of all sums received, applied, and expended by their made and direction; and such minutes shall from time to time be to the inhasigned by the chairman, and shall, together with a sum- bitants in mary or report of the accounts or transactions of the select general vestry, be laid before the inhabitants of the parish in ge- twice in neral vestry assembled, twice in every year; that is to say, every year. in the month of March and the month of October, and vestry VII. PART II. at such other times as the select vestry shall think fit; and CLASS the minutes, proceedings, accounts and reports of every No. 4. select vestry shall belong to the parish, and be preserved Stat. 59 with the other books, documents, accounts, and public paG. 3. c. 12. pers thereof. Ten days' Sect. 4. The Church-wardens and Overseers of the Poor notice to be shall cause ten days' notice at the least to be publicly given, given of in the usual manner, of every vestry to be holden for the holding a for purpose of establishing any select vestry, or of nominating the purpose and electing the members, or any member thereof; and of of estabevery vestry to be holden for the purpose of receiving the lishing a select ves- report of the select and vestry, every notice of any such try, and for vestry shall state the special purpose thereof. other pur poses con nected therewith. No. 1. CLASS VIII. STATUTES RELATIVE TO CHARITIES. Anno 52 GEO. III. Cap. 102. An Act for the registering and securing of Charitable WHEREAS charitable donations have been given for the benefit of poor and other persons in England and Wales to a very considerable amount, and many of the aforesaid donations appear to have been lost, and others, from the neglect of payment and the inattention of those persons who ought to superintend them, are in danger of being lost, or rendered very difficult to be preserved; be it therefore enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, Memorial and by the authority of the same, That a memorial or statement of the real and personal estate, and of the gross annual &c. respect-income, investment, and the general and particular objects table dona- of all and every charity and charities, and charitable donations alrea- tions, for the benefit of any poor or other persons in any place in England and Wales, which shall have been founded, established, made, benefited, increased, or secured, together with the names of the respective founders of or benefactors thereto, where known, and also of the person or persons in whose custody, possession, or controul, the deeds, wills, and other instruments whereby such charities or charitable do of deeds, ing dy founded registered. CLASS VIII. No. 1. nations shall have been founded, established, made, bene- PART II. fited, 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 Stat. 52 and after six calendar months after the passing of this G.3.c. 102. 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. donations II. And be it further enacted, That wherever any such The like of charity or charitable donations shall be founded, established, charitable made, or benefited, increased or secured by any deed, will, hereafter or other instrument hereafter to be made or executed by founded. any person or persons, that then a like memorial or statement, according to the directions herein-before contained, shall be registered, and left and transmitted as aforesaid, by such person or persons as are herein-before mentioned, within twelve months 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. the Peace wherein III. And be it further enacted, That for the purpose of Clerks of such registries of such memorials or statements, the Clerk to provide of the Peace for the time being of each and every county, pro or city, or town, being a county of itself, or riding within books England and Wales, shall, as there shall be occasion, pro-registries vide proper books of parchment or vellum, wherein such made. 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. IV. And be it further enacted, That in case the persons Notice to be benefited by any such charity or charitable donations given in London VIII. PART II. as aforesaid shall not be wholly within any one county, CLASS then, and in such case, such Clerk of the Peace of the No. 1. county where any such charity or charitable donation shall Stat. 52 be registered, shall forthwith notify in the London Gazette G. 3. c. 102. the name or title thereof, according to the appellation or title used in the index aforesaid, and the names of the sepersons be- veral places wherein the objects of such charity or charitnefited shall able donations shall be, and the particular or general objects not be thereof, and also the name of the county wherein such memorial or statement shall have been registered. Gazette if wholly within one county. If dona tions not registered, petition to Lord Chancellor, &c. V. And be it further enacted, That if any such charity or charitable donation shall not be duly memorialized, stated, and registered according to the provisions of this Act, it shall and may be lawful for any two persons or presented more, interested in such charity or charitable donation, to present a petition to the Lord Chancellor, Lord Keeper, or Lords Commissioners for the custody of the Great 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. Proceed or title. VI. Provided always, and be it further enacted, That ings not to no proceedings under the provisions herein-before mendecide right tioned, 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. Clerk of Peace to make searches, and give copies of 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, registers. 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 herein-after directed to be allowed to him for such copies of such memorials or statements as aforesaid. Allowance VIII. And be it further enacted, That every such Clerk to Clerk of of the Peace shall be allowed for the registering every such the Peace; 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 CLASS VIII. No. 1. G.3. c. 102. shall exceed four hundred words, then after the rate and PART II. proportion of one shilling an hundred for all the words contained in such entry, and the like fees for the like number of words contained in every copy of any entry given out of Stat. 52 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 son insertthe same, and transmitting the duplicate or copy herein- ing notifibefore mentioned unto the enrolment office of the High Gazette. Court of Chancery, and no more. and to per cation in ed to regis occur in IX. And be it further enacted, That where any difficulty Further shall occur in making and preparing such memorial or state-time allowment as aforesaid, so as to render it necessary to employ ter memoany longer time than is allowed by the provisions of this rial where Act for registering such memorial or statement as herein- difficulties before is mentioned, it shall and may be lawful for the preparing Court of Quarter Sessions for the county, or city, or town, same. 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 herein-before is mentioned. X. And be it further enacted, That it shall and may be Costs atlawful for the Court of Quarter Sessions of the county, or tending preparing city, or town, being a county of itself, wherein such state- memorials ment or memorial shall have been registered, to allow such allowed. 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 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 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 memorial or statement is to the best of his, her, or their knowledge and belief true in every respect, and that it doth con |