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Charitable Uses and Law Op Charities

public, charity, england and trusts

CHARITABLE USES AND LAW OP CHARITIES. The law of England has always anxiously, though too often ineffectually, sought to provide for the preservation and proper application of the public and private endowments in that country for charitable purposes. The preceding efforts of the legislature in this direction may now be said to have been superseded bythe charitable trusts acts (16 and 17 Vict. c. 137, 18 and 19 Viet. c. 124, 23 and 24 Vict. c. 136, and 32 and 33 Vict. c. 110). See CHARITY COM MISSIONERS. As these statutes now contain a species of code of charity-law, it will here only be necessary to mention certain general principles which govern the law of Eng land in its relation to charities. The courts of equity are those which in general take cognizance of all charitable uses, or trusts of a public description. Under the authority of these tribunals—or in cases in which the annual income does not exceed -..t30, in accordance with the act just quoted, under that of the county courts of the district— trustees may he called to account for the funds committed to their charge, or new trus• tees may be appointed, improvident alienations may be rescinded, schemes for carrying the donor's object into effect may be judicially considered and adopted, and every species of relief afforded which such institutions require. Where the management of the charity has been confided. by the donor to governors and other functionaries, the law will not interfere with their proceedings unless they can be shown to be squandering the revenues or otherwise abusing the trust. Where the crowu is founder, the lord

chancellor is visitor, but in his personal character only, and not as judge of the court of chancery. As regards the nature of the trusts to which the equitable jurisdiction of the chancery extends, it is necessary to remark that the word charitable here includes institutions for the advancement of learning, science, and art, and, indeed, for all useful public purposes, as well as for the support of the poor. It also comprises all donations for pious and religious objects, under which are included all those which tend to the benefit of the church of England, or of any body of dissenters sanctioned by law. Roman Catholics were admitted into this category by 2 and 3 Will. c. 115, and Jews by 0 and 10 Viet. c. 59, s. 2. The charity or other benevolent purpose, however, must be public; "for if a sum of money be bequeathed, with direction to apply it to such pur poses of benevolence and liberality as the executor shall approve," or even " in private charity," the law will take no notice of such a trust.

Legacies to pions or charitable uses are not by the law of England entitled to a pref erence, though such was the doctrine of the civilians; but where a deficiency of assets arises, they are abated in proportion with the others.