person VIII. Stat. 58 all other things touching the premises; which Secretary, PART 11. Clerks, and officers are hereby required faithfully to execute CLASS and perform the said trust in them severally and respect- No. 2. ively reposed, without taking any thing for such their service, other than such salary or reward as the said Commis- G. 3. c. 91. sioners shall think fit to direct and appoint in their behalf; and the Lords Commissioners of the Treasury, or Lord High Treasurer for the time being, are hereby authorized and required to issue and cause to be paid any sums of money not exceeding four thousand pounds, to such or persons as the said Commissioners shall by writing under their hands desire or direct, out of the consolidated fund of the United Kingdom of Great Britain and Ireland; which sums, when so issued and paid, shall be employed for the payment to the said Commissioners for their travelling expenses, as also for the payment of such Secretary, Clerks, Messengers, or other officers, and in defraying all other necessary charges in or about the execution of the powers of this Act, and in such manner and in such proportions as shall be appointed by the said Commissioners by writing under their hands on that behalf, the same to be accounted for by the person or persons to whom the same shall be issued or paid according to the course of his Majesty's Exchequer, without any fees or other charges to be taken or demanded for the issuing and payment of the same, on the passing of the said accounts, other than such sum as the said Commissioners shall appoint. ings at summon V. And be it further enacted, That for the purpose of Commisprosecuting the inquiries and examinations by this Act di- sioners to rected, the said Commissioners or any three of them shall hold meetmeet, and from time to time, with or without adjournment, various hold their sittings within the city of Westminster, or in any places, and other city, town, borough, hamlet, village, or place respect-persons, ively in England, which to them shall appear most convenient and send for executing the purposes of this Act; and the said Com- for papers. missioners are hereby authorized to require, by a precept under their hands and seals, or under the hands and seals of any three of them, from any person or persons acting as a trustee for any of the said estates or funds, or having any concern in the management or administration of the same, or in the payment or receipt of any of the said funds or estates, or any charge upon any fund or estate applicable to the purposes of education as aforesaid, to render to the said Commissioners a true account, as far as consists with their knowledge, of all that relates to such funds or estates as aforesaid under their trust or management, or on account VIII. No. 2: PART II. of which they may have acted in making or receiving payCLASS ments; and, as often as need shall be, to send their precept or precepts under their hands and seals, or under the hands Stat. 58 and seals of any three of them, for any person or persons G. 3. c. 91. whatsoever to attend them, and require such person or persons to bring with him or her any deed, paper, writing, instrument, or other document, being in his or her custody and possession, and relating to any such estates or funds, or the produce thereof, and to the receipt or application, or non-application or misapplication thereof, which shall in the judgment of such Commissioners be conducive and necessary to the due execution of the purposes of this Act; and every person to whom such precept shall as aforesaid have been addressed and delivered, is hereby required and directed punctually to attend the said Commissioners, at such time and place as shall by them for that purpose have been appointed; and to every such person or persons shall be paid such sum of money as in the judgment of the said Commissioners shall be just and reasonable: Provided always, that no such person shall be obliged to travel, in obedience to such precept, more than ten miles from his or her place of abode. Purchasers tice not VI. Provided always, and be it further enacted by the of premises authority aforesaid, That if any person who shall be sumwithout no-moned to appear before the said Commissioners, or before bound to any three of them, shall, upon his or her examination, allege answer in- that he or she hath purchased or obtained for valuable conterrogato- sideration any estate or interest of, in, to, or out of any ries. Commis lands, tenements, rents, annuities, hereditaments, goods, or chattels, touching which he or she shall be sought to be so examined, without fraud or covin, having no notice of any charitable trust or use to which the said lands, tenements, rents, annuities, hereditaments, goods, or chattels, or any charge thereon, have been given, limited, or appointed, then such person shall not be bound to make further answer to any interrogatory of such Commissioners, nor to produce or to shew to the said Commissioners any deed, paper, writing, instrument, or other document relating to his or her estate or interest in such lands, tenements, rents, annuities, hereditaments, goods, or chattels. VII. And for the rendering more effectual all such exsioners em- aminations as are intended to be had under this Act, be it powered to enacted, That the said Commissioners are hereby authorupon oath. ized to examine upon oath, or affirmation of persons being examine Quakers, (which oath or affirmation they or any three of them are hereby authorized to administer,) all persons CLASS whom they are by the provisions of this Act empowered to PART II. call before them, to be examined touching all matters and things necessary for the execution of the powers vested in them by this Act. No. 2. Stat. 58 G. 3. c. 91. able to pro &c. VIII. Provided also, and be it enacted, That no person having the custody of any deed, paper, writing, instrument, Persons not or other document, as Mortgagee, Trustee, or Agent, Soli- compellcitor or Attorney, shall be compellable to produce the same, duce deeds, or to give any evidence as to the contents thereof, without without notice being first given to his Mortgagor, Cestuique Trust, notice to or Principal, and the said Mortgagor, Cestuique Trust, or Mortgagor, Principal being examined touching the same by the said Commissioners; and in case such Mortgagor, Cestuique Trust, or Principal shall by the provisions of this Act be exempted from producing the said deed, paper, writing, instrument, or other document, then the Mortgagee, Trustee, or Agent, Solicitor or Attorney, shall not be bound to produce or shew the same, or give any evidence of the contents thereof, to the said Commissioners: Provided also, that no person shall be compellable to answer any question, or to produce any deed, paper, writing, instrument, or other document, the answer to which, or the production of which, may criminate or tend to criminate such person, or to expose such person to any pains or penalties. may ap resort to for execut IX. Provided always, and be it further enacted, That it Commisshall and may be lawful for the said Commissioners or any sioners three of them from time to time to direct and authorize any point three three or more of their own number to resort to such city, of their town, borough, hamlet, village, or place in England, as to number to them the said Commissioners or any three of them shall ap-any place pear most convenient for executing the purposes of this Act; in England and that any three such Commissioners shall have the same ing the powers of issuing precepts, administering oaths, and conducting the examinations prescribed by this Act, and under this Act. the same rules and regulations, as are hereby vested in the said Commissioners: Provided always, that such three Commissioners shall and they are hereby required to cause the examinations which shall be taken before them, and all papers and documents, being parts of such examination, to be from time to time transmitted to the Secretary of the said Commissioners at their office in Westminster aforesaid. purposes of for false X. And be it further enacted, That in case any person, Penalties upon examination on oath, or being a Quaker, upon affirm- of perjury ation, before the said Commissioners, or before any three swearing. of them, shall wilfully and corruptly give false evidence, VIII. PART II. every such person so offending, and being thereof duly CLASS convicted, shall be and is hereby declared to be subject and liable to such pains and penalties as under any law now in Stat. 58 force may be inflicted on persons convicted of wilful and G. 3. c. 91. corrupt perjury. No. 2. Vacancies up by the Crown. XI. And be it further enacted, That in case of a vacancy to be filled or vacancies by the death, removal, or resignation of any one of such Commissioners, it shall be lawful for his Majesty, his heirs and successors, to nominate and appoint such person or persons as he or they may think proper for the supplying of such vacancy or vacancies. Powers not to Univer &c. XII. And be it further enacted, That none of the proto extend visions herein-before contained shall be construed to extend sities, pub- to either of the Universities of Oxford or Cambridge, nor lic schools, to any college or hall within the same, nor to any schools or other endowments of which the said Universities, colleges, or halls are trustees, nor to the colleges of Westminster, Eton, or Winchester, or to the Charter-house, or the schools of Harrow or Rugby, or any of them, nor to any cathedral or collegiate church within England, nor to any college, freeschool, or other charitable institution for the purposes of education, which have special Visitors, Governors, or Overseers appointed by their Founders, nor to any funds applicable to the purposes of education for the benefit of any persons of the Jewish persuasion, or the people called Quakers, or person or persons of the Roman Catholic persuasion, and which shall be under the superintendence and controul of persons of such persuasions respectively: Provided always, that the said Commissioners shall report, as herein-before directed, the names of all such charities aforesaid as have special Visitors, Governors, or Overseers appointed. Limitation XIII. And be it further enacted, That any action or of actions. suit which shall be brought or commenced against any such Commissioners, for any thing done or acted by him or them under this Act, shall be commenced within six calendar months next after the fact committed, (in respect of which such action or suit shall be brought or commenced,) and not afterwards; and the defendant or defendants in every such action or suit may plead the general issue, and give this Act and the special matter in evidence at any trial to be had thereupon; and if such action, or suit shall be brought or commenced after the time so limited for bringing the same, then the jury shall find a verdict for the defendant or defendants; and in such case, or if the jury shall find a verdict for the defendant or defendants upon the merits, or if the plaintiff or plaintiffs shall become nonsuit, General issue. VIII. No. 2. or discontinue his, her, or their action after appearance, or PART II. if upon demurrer judgment shall be given against the plain- CLASS tiff or plaintiffs, the defendant or defendants shall have treble costs, which he or they shall and may recover in Stat. 58 such and the same manner as any defendant can by law in G. 3. c. 91. other cases. Treble XIV. And be it further enacted, That this Act may be costs. altered, amended, or repealed by any Act or Acts to be Act may be passed in this session of Parliament. XV. And be it further enacted, That this Act shall continue and be in force until the first day of August one thousand eight hundred and twenty, and until the end of the next session of Parliament. altered this session. Continuance of Act. XVI. And be it further enacted, That this Act shall be Public Act. deemed and taken to be a public Act, and shall be judicially taken notice of as such by all Judges, Justices, and others, without being specially pleaded. Anno 59 GEO. III. Cap. 81. An Act to amend an Act of the last Session of Parliament, for appointing Commissioners to inquire concerning Charities in England for the Education of the Poor; and to extend the Powers thereof to other Charities in England and Wales; to continue in force until the first day of August one thousand eight hundred and twenty-three, and from thence until the end of the next Session of Parliament. [6th July, 1819.] No. 3. that Com WHEREAS an Act was made in the last session of Recital of Parliament, intituled An Act for appointing Commissioners 58 G. 3. to inquire concerning Charities in England for the Educa- c. 91. and tion of the Poor: and whereas certain Commissioners were missioners appointed for the execution of the said Act, by a commis- had been sion under the Great Seal bearing date the twentieth appointed by comday of August one thousand eight hundred and eighteen; mission, and the said Commissioners have proceeded in the execu- 20th Aug. tion of the said Act; and it is highly expedient that the 1818. provisions of the said Act should be extended to other charities and trusts created for charitable uses or purposes, in England and Wales, and that the number of Commissioners should therefore be increased, and that the said Act should be otherwise amended; 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, and by |