might deem necessary, and remove them at discretion.* Now, we should be disposed to question the necessity, expediency, and propriety of empowering subordinate officers, like these inspectors, not being judges or magistrates, to examine upon oath; such power of enquiry being properly vested, we should conceive, only in the Commissioners themselves.

The tenth clause of the bill enacted that the Commissioners should have a summary jurisdiction over every case in which the clear yearly revenue of any charity should not exceed one hundred pounds; that, on being informed by the petition in writing of any informant, or, by the report of any inspector, or otherwise, of any neglect, abuse, or breach of trust, in the management of the charity, or of the want of a sufficient scheme for the application of its revenues, the Commissioners were to be empowered to cite cite before them the parties charged, and to summon and examine any persons in relation thereto, and to hear and determine the matter summarily, and to make such order for the payment with, or without interest, of money belonging to the charity, in the hands of any receiver, trustee, officer of or person administering the charity; or, for the payment of interest, with or without rests, on balances improperly retained; or for the future administration of the estate and funds; or to make any other order in such matter respecting the property or the objects of such charity, upon the trustees or officers of, or persons administering the same; or to establish, with the consent in writing of the special visitor (if any), such scheme for the application of the revenues of the charity, as to the Commissioners might seem fit. And every such order is to be final and conclusive; and not even subject to any review, unless the Commissioners should think fit, in the exercise of powers given to them, to re-hear the same. They were to hold their sitting as near the place where the charity should be situate, as circumstances might in their judgment render expedient; and no person summoned by them, except such receiver, trustee, officer, or other person administering the charity, (who, it would seem, might be brought from any distance,) should be obliged to travel, in obedience to their precept, more than ten miles from his or her * S. 6.

place of abode. In case of any charity for the purpose of education, in connexion with the united Church of England and Ireland, the consent of the Bishop of the diocese should be required, in order to the validity of any new scheme for its administration. The income stated in the Analytical Digest of the Reports of the Charity Commissioners, laid before Parliament in 1842, was to be taken as the amount of the clear yearly income of any charity for the purpose of regulating and settling the jurisdiction of the Commissioners. They were, moreover, to be empowered, without appeal, in all cases within their summary jurisdiction, to appoint and remove trustees, and to authorize trustees to remove any schoolmaster or mistress, or other officer of any charity; provided that, where there was any special visitor, the consent of such visitor be obtained. They were to be further empowered, in cases within such summary jurisdiction, to authorise trustees or other persons having Bank annuities or other stock, standing in their names, as subject to any charitable trust, and appearing to the Commissioners not duly secured from misappropriation or loss, to be transferred to the name of the Accountant-General of the Court of Chancery, to be subject to their orders.*

In regard to the general jurisdiction of the Commissioners over all Charitable Trusts, it was proposed by this bill, that upon the application of the trustees, and with the consent of the special visitor (if any) they should have power to authorize the sale, mortgage, or exchange of lands, rents, or other hereditaments belonging to any charity, or the granting of leases, or the working of mines, or the digging for stone &c., whenever it should appear to them beneficial to the charity; also to sanction the compromise of claims against any person or corporation, though legal proceedings might have been commenced, for neglect or breach of trust in any charity, where it should appear for the advantage of the charity, or might, under special and peculiar circumstances, seem proper.† The reader will not fail to perceive that these are great powers, requiring very judicious exercise; it ought, we think, to be provided, though not a word is said in reference to that point, that no proceedings should be authorized contrary to the orders or known intentions of the SS. 10, 11, 13, 14, 15, 18, 27, 30 † SS. 12 and 20.

donors, and that the monies raised by sale or mortgage should be duly re-invested or applied.

upon

It was further to be enacted by this bill, that the Commissioners should have power to make such regulations as they might think fit concerning the form and manner of the accounts to be kept and rendered, the returns to be made, and the transmission and production of such accounts, and the vouchers thereof, to the Commissioners or inspectors; also to enquire, together or singly, or by an inspector, into the receipt and application of the revenues, to inspect all documents concerning the same, to require the attendance (no matter from what distance, and without any provision for the reimbursment of their expenses) of any trustee, officer, or servant of any charity, or other person concerned in its administration, or receiving any benefit from it, and to examine all such persons, either or without oath.* The Commissioners were likewise to be empowered by the fifty-first clause to require the trustees to appoint a clerk of every charitable trust; but it was not provided how such clerk was to be paid, though every such clerk was required, on his appointment, to communicate his name and address to the Secretary of Charities. The accounts of every Charitable Trust also were to be kept and examined and audited as the Commissioners might direct; though possibly a different method may have prevailed, by ancient usage or order of the donors. A statement of the debts, revenues, actual receipts and expenditure of the previous year to be annually transmitted to the Commissioners; who, on their part, were, every third year, to report to the Crown the several particulars of all charities subject to their inspection, stating in such report what charities may, in their opinion, have ceased to be beneficial, or become injurious, or require to be regulated or reformed. Moreover, attested copies or abstracts of all future conveyances and assurances affecting property subject to any Charitable Trust, and of so much as they might require of all previous muniments concerning any charity property or trust, were to be transmitted to their office to be there registered and deposited, and open to public inspection. And all trustees were to provide such means for the safe custody of the title-deeds and muniments relating to the property of any *SS. 21 and 26.

charity as the Commissioners should require, and in case they should not have means for securing the same, should transmit them for safe custody to the office of the Commissioners, retaining only copies for their own use and reference. *

Such is the summary and general jurisdiction over charities, which this bill proposed to be given to the Commissioners. Its subsidiary object of remedying some inconveniences occasioned by the Municipal Corporation Act of 1835, as stated in clauses from forty-four to fortyseven inclusive, we must pass over from want of space, and proceed to remark that this bill contained no provisions that the Commissioners should have a fixed court, or hold permanent sittings, or that their judicial pro ceedings should be public, or duly registered; in all which respects it would seem to have been very defective. The provisions for enforcing the authority of the Commissioners, though not without precedent, appear in many respects objectionable. By the fortieth and following clauses, it was provided, that if persons refused to appear before any Commissioner or Inspector when summoned, or to answer fully any lawful question, they were to be fined by the Court of Queen's Beuch, or the Court of Exchequer, on application of two of the Commissioners, or the Attorney-General. Officers of charities, or any person receiving benefit therefrom, who might obstruct any Commissioner or inspector, or refuse to answer or obey their summons, were to be subject to removal, by the Court of Chancery, on application by petition. And trustees, refusing or neglecting to obey the directions of this Act, or of the Commissioners, were to be deemed guilty of a breach of trust, and subject to removal by the Court of Chancery, on petition. And when any person should refuse, or for one calendar month neglect to obey any order of the Commissioners under this act, the Court of Chancery, on their petition, or that of any one interested, might enforce the same as an order of the court. It was further provided by the fifty-eighth clause, that all persons in whom property should be vested, subject to any charitable trust, or who should be concerned in the administration of trust property, should be indemnified and saved harmless, by and out of such property, against all costs, damages,

* SS. 51, 52, 53, 56, 57.

and expenses, incurred by reason of acts done or omitted, or legal proceedings commenced, prosecuted, or defended by them, under the direction of the Commissioners.*

The reader may be curious to know how the salaries of these Charity Commissioners, and other officers, were to be paid, as well as their expenses, which, it is obvious, would not be inconsiderable. By the fifty-fourth and fifty-fifth section, this bill proposed that such sum as the Commissioners should direct, not exceeding threepence in the pound, of the revenue of any charity within their summary jurisdiction, or three-halfpence in the pound of the revenues of any other charity, not exceeding one-hundred pounds; and excepting charities which might be specially exempted by order of the Commissioners, should be yearly paid into the Bank of England, in the name of the Accountant-General, to an account to be intituled "The Charity Administration Fund;" the Lords of the Treasury to supply any deficiency. Lastly, it was proposed that this Act should not extend to either of the Universities of Oxford or Cambridge, nor to any college or hall therein, nor to Ireland, nor to Scotland.

We have thus given as succinct a digest of the provisions of this bill, as, while it answers we trust our object of not tiring the reader, may enable him to judge of its principle and intended practical operation.

We beg to make a few remarks on the general purport and object of the bill, and to conclude with some observations on its bearing upon the charitable bequests of Dissenters. In 1842, Mr. Hine published an able pamphlet on the subject to which this bill refers. As his recommendations were in accordance with those of a Select Committee of the House of Commons, and those of the Commissioners, they are entitled to some consideration. He is of opinion that the Court of Chancery is inadequate to protect the smaller charities, on account of the great and unavoidable expense. Referring to several cases which fell under the notice of the Commissioners, illustrating the want of a more easy and cheap method of appointing and removing trustees, the want of a less expensive authority for the direction and proper manage*SS. 40, 41, 42, 43, 58.

+ Observations on the Necessity of a Legislative Measure for the Protection and Superintendence of Endowed Public Charities, by James Hine, Esq., Secretary to the late Commissioners for Inquiring into Charities: 1842.