VIII. No. 4. cases of exchange. veyance, how and PART II. the diocese in which such lands, tenements or hereditaments CLASS shall be situate, upon sufficient proof of the fact, by instrument in writing under his hand and seal, to nominate proStat. 1 & 2 per persons to act as trustees on behalf of the charity, for G. 4. c. 92. the purposes of such exchange, before any other proceedings appoint shall be had touching such exchange; which trust the pertrustees in son so nominated shall accept, by executing such instrument, before they shall act in such trust; and thereupon it shall be lawful for such trustees to do all things necessary for the purpose of such exchange, as if the lands, tenements and hereditaments subject to such charitable purposes had been duly vested in them for such purposes, and to convey the charity lands proposed to be exchanged under the authority Confirma- of this Act: Provided always, that if it shall at any time tion of con- afterwards appear in whom such lands or hereditaments were actually vested at the time of such exchange, it shall be lawful for the person or persons, body politic or corporate, in whom the same shall be then vested by means of such exchange, to obtain, at his, her or their own expense, a confirmation thereof by conveyance from the person or persons, or their heirs, in whom it shall appear the same were so vested at the time of such exchange; but the defect of title of the trustees so to be nominated by the Bishop as aforesaid shall not prejudice the title to the lands, tenements or hereditaments received in exchange in trust for such charitable purposes as aforesaid, but the same shall be held and enjoyed for such charitable purposes, notwithstanding the lands, tenements or hereditaments originally subject to such charitable purposes, and so given in exchange, were not vested, except by the authority of this Act, in the persons who may have conveyed the same in exchange under the authority of this Act. by whom obtained. may be effected, VIII. And whereas doubts may arise whether under the provisions of this Act an exchange might be legally effected where any trustee or trustees of charity lands, proposed to be given in exchange, should also be the proprietor or proprietors of the lands for which such charity lands should be so Exchanges proposed to be given in exchange; Be it therefore enacted, That under and according to the several restrictions, declarations and provisions herein-before expressed, and subject thereto, but not otherwise, it shall and may be lawful for any trustee or trustees of any lands, tenements or heproprietors reditaments vested in him, her, or them, either alone or jointly with any other trustee or trustees for any charitable purpose or purposes, to convey or join in conveying, as the case may be, any such trust lands, tenements or hereditaments, though trustees may be of the lands to be given in exchange. CLASS VIII. No. 4. in lieu of and in exchange for any other lands, tenements or PART II. hereditaments of which he, she or they shall be seised in fee, to and for his, her or their own use and benefit: Provided always, that in every such case the Bishop to whom appli- Stat. 1 & 2 cation shall be made for any such exchange, shall, upon such G. 4. c. 92. application, and before any other proceedings touching such Bishop, in exchange, nominate and appoint some proper person or such cases, persons, having no interest in such exchange, to act as to appoint trustee or trustees on the behalf of the said charity, in the who have matter of such exchange, in the place and stead of the trus- no interest tee or trustees who by reason of such interest as aforesaid in the lands. shall be disqualified to act therein; and the concurrence of the person or persons, so to be appointed to act as temporary trustee or trustees as aforesaid, shall be necessary in all subsequent proceedings relating to such exchange. trustees eviction in case of IX. Provided always, and be it further enacted, That in Proviso case the title of any person or persons, body politic or cor-respecting porate, by whom any lands, tenements or hereditaments shall be attempted to be conveyed in exchange for any cha- defective rity lands, tenements or hereditaments, shall at any time title. appear to be in any manner defective, so that such lands, tenements or hereditaments shall in the whole or in part be recovered from the trustees or trustee, body politic or corporate, in whom the same shall have been vested or attempted to be vested in exchange under the authority of this Act, or shall be in any manner charged or incumbered, then and in such case the trustees or trustee, body politic or corporate, in whom such lands, tenements and hereditaments, or any part thereof, ought to have been vested indefeasibly for charitable purposes as aforesaid, shall enter on the original charity lands, tenements or hereditaments conveyed in exchange as aforesaid, and hold the same according to the original right before the exchange, for the benefit of the charity, in case the lands, tenements or hereditaments intended to have beeen vested by way of exchange for the purposes of the charity shall be wholly evicted, or in case the same shall be partially evicted, or in any manner incumbered, then to hold the same for the purpose of indemnifying the charity against the consequences of any such partial eviction or any such incumbrance, and until full satisfaction shall have been made to the charity, for any defect of title in the lands, tenements or hereditaments conveyed in exchange for the original charity lands, tenements or hereditaments as aforesaid, and all costs, charges and expenses incurred by the charity in consequence thereof. Nn VIJI. PART II. X. And be it further enacted, That no part of the CLASS expenses attending any exchange to be made in pursuance No. 4. of this Act, shall be borne by or paid out of the funds of Stat. 1 & 2 any charity, unless it shall be made appear to the Bishop of G. 4. c. 92. the diocese, upon application for such exchange as aforesaid, Expenses that such exchange is solely intended for the benefit of such attending charity, and not for any other purpose, and is in respect of exchanges such convenience advantageous to the charity, notwithstandpaid. ing any expense which may be incurred in effecting the same; and then so much of such expenses only shall be borne by and discharged out of the funds of such charity as such Bishop shall find to be just and reasonable, and shall, by instrument under his hand, allow and declare to be, in his opinion, an expense incurred for the benefit of the charity, and such as ought to be discharged out of the funds of such charity. how to be risdiction. XI. And whereas charity lands, tenements or hereditaments may be within some peculiar or exempt jurisdiction; Proceed- Be it further enacted, That in such case the application for ings of the Diocesan an exchange under the authority of this Act shall be made not affected to the Bishop of the diocese within which the charity lands, in cases of tenements or hereditaments proposed to be exchanged shall exempt ju- be situate, and not to any other authority claiming such peculiar or exempt jurisdiction; and the Bishop of such diocese shall proceed in the same manner, in such case, as if such charity lands, tenements or hereditaments were to all intents and purposes within his jurisdiction as Diocesan; and in case any such charity lands, tenements or hereditaments shall be within two or more dioceses, then and in such case application shall be made to the several Bishops of such several dioceses, to direct before which of such Bishops the proceedings touching any such exchange shall be had, and such Bishops shall accordingly direct before which of such Bishops such proceedings shall be had; and thereupon such proceedings shall be had before such Bishop in the same manner as such proceedings might have been had if all such charity lands, tenements or hereditaments had been within the diocese of such Bishop. Anno 5 GEO. IV. Cap. 58. PART II. No. 5. Stat. 5 An Act to continue for four years, and from thence until WHEREAS an Act was passed in the fifty-eighth year of his late Majesty's Reign, intituled An Act for appointing 58 G. 3. Commissioners to inquire concerning charities in England c. 91. for the Education of the Poor; and another Act was passed in the fifty-ninth year of the same reign, intituled An 59 G. 3. Act to amend an Act of the last Session of Parliament, for c. 81. 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 then next Session of Parliament: And whereas the Commissioners appointed under and by virtue of the said Acts have pursued the inquiries thereby authorized and directed, and have made several reports of their proceedings, but further time is requisite for enabling them to complete those inquiries: 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 the authority of the same, That the said Acts shall Recited be, and the same are hereby continued from the expira- Acts contion thereof for the term of four years, and from thence until the end of the then next session of Parliament. tinued for four years. CLASS IX. Anno 32 GEO. III. Cap. 67. Sect. 16. No. 1. 3 Geo. 3. c. 16. General Abstract of the Acts of Parliament now in force re- Act 31 Geo. lating to the Payment of the Wages of Petty Officers 2. c. 10, and Seamen, Non-commissioned Officers of Marines, and Marines, serving in the Royal Navy of Great Britain. 26 Geo, 3. EVERY volunteer who shall enter his name with any 32 Geo. 3. Officer, appointed for entering volunteers, shall be enti- c. 33. tled to wages from the date of his entry, provided he shall 32 Geo. 3. appear on board his ship within fourteen days thereafter: 32 Geo. 3. Nn 2 c. 63. c. 34. c. 67. 31 Geo. 2. c. 10. IX. PART II. if his ship shall be distant more than one hundred miles, CLASS he shall be allowed twenty days to join it, and thirty No. 1. days if the distance exceeds two hundred miles; he shall Stat. 32 likewise be entitled to the usual conduct money, and to two G. 3. c. 67 months advance wages at the first fitting out of the ship, Ditto. 31 Geo. 2. c. 10. 32 Geo. 3. c. 34. 31 Geo. 2. c. 10. 31 Geo. 2. c. 10. which shall be paid before it proceeds to sea; and all Petty Officers, Seamen, and Marines, shall be entitled to the like advance of two months wages before the ship of which they are on board shall sail, in case they shall not have received the same before. 2. Monies granted or to be granted by Parliament for the service of the navy, shall, in the first place, be applied for the regular payment of all tickets, and for the regular discharge of all wages due, or to grow due, in manner following; (that is to say,) as often as any ship, which shall have been in sea pay twelve calendar months, or more, shall be or arrive in any port of Great Britain, or on the coast thereof, the Captain or Commander shall immediately cause five complete pay books to be made out for all the time such ship shall have been in pay, except the last six months; and shall forthwith transmit, by the first safe op portunity, such books, together with three alphabets and a slop book, to the Commissioners of the Navy, at their Board; and as soon as such ship shall be or arrive in any port of Great Britain, where there is a Commissioner of the Navy, the said Commissioner of the Navy shall immediately solicit the necessary sums of money, and cause payment to be made of the wages due, deducting the advance money, and all defalcations, and leaving always the wages due for the last six months, and for the time employed in preparing the books, unpaid, and no more; and all the wages due upon any ship shall be paid as soon as may be, or within two months, at farthest, after the arrival of such ship in port to be laid up. 3. If any inferior Officer, Seaman, or Marine, who shall have been absent at the payment of his ship upon leave, upon any detached service, from having been taken by the enemy, or cast away, shall make application for payment of his wages in person, or through his Commander, to the Commissioners of the Navy at their Board, or to any Commissioner of the Navy at any port of Great Britain where any Commissioner of the Navy may be and reside, such Commissioner or Commissioners shall cause the ship's books, or extracts or lists made from the same, to be sent to whichever of the above places the party may be, and the 32 Geo. 3. wages forthwith to be paid: but if his ship shall not be paid, 33. |