Endowed Charities Act - Law Dictionary Search Results

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Endowed Charities Act

Endowed Charities Act [(English) 23 & 24 Vict. c. 136]. See CHARITABLE TRUSTS....

Charity Commissioners. The Charity Commissio-ners for England and Wales are a body appointed under the provisions of the Charitable Trusts Acts, 1853 to 1925, and their powers and duties are to be found in these Acts. They exercise very extensive powers of management and control over charities, including power to authorize sales, exchanges, leases and mortgages of charity property; to frame new schemes where the original terms of the trust can no longer be literally or beneficially complied with; to investigate the accounts of charitable trusts; to sanction proceedings by the trustees and give them advice, and many other powers. There are, however, certain institutions exempted from their jurisdiction, e.g., certain universities and colleges, registered places of worship, and charities wholly supported by voluntary contributions; see s. 62 of the Act of 1853, the construction of which has given rise to great difficulties, and the judgment of Davey, L.J., in Re Clergy Orphan Corporation...

Charitable uses and trusts

Charitable uses and trusts. 9 Geo. 2, c. 26, commonly called 'The Mortmain Act,' 1735, after reciting that ifts or alienations of land in mortmain (see MORTMAIN) were prohibited by Magna Charta and other whole-some laws as prejudicial to the common utility, and that such public mischief had greatly increased by many large and improvident dispositions, made by languishing or dying persons to charitable uses, to take place after their deaths to the disherison of their lawful heirs, enacted that no lands or other hereditaments whatsoever, nor money, or personal estate to be laid out in land should be given to any person or bodies corporate, or charged by any person in trust, for any charitable uses, unless such gift, etc., should be made by deed (thus entirely excluding gifts by will) executed twelve months before the death of the donor and be enrolled in the court of Chancery within six calendar months after execution, and be without any power of revocation for the benefit of the donor.T...

Endowed schools

Endowed schools. Schools wholly or partly maintained out of an endowment. The (English) Endowed Schools Acts are 23 Vict. c. 11; 31 & 32 Vict. c. 32; 32 & 33 Vict. c. 56; 36 & 37 Vict. c. 87; 38 & 39 Vict. c. 29; and 42 & 43 Vict. c. 66; since which statutes their temporary provisions have been continued by (English) Annual Expiring Laws Continuance Acts. The principal Act is that of 1869 (32 & 33 Vict. c. 56), which provided for the reorganization of endowed schools generally (ex-cepting those subject to the (English) Public Schools Act, 1868, as to which see PUBLIC SCHOOLS) through the medium of 'schemes' to be framed by the 'Endowed Schools Commissioners,' whose powers were transferred by the (English) Act of 1874 (37 & 38 Vict. c. 87), to the Charity Com-missioners, and are now vested in the Board of Education. As to the dismissal of masters, see the (English) Endowed Schools (Masters) Act, 1908 (8 Edw. 7, c. 39), and Wright v. Zetland (Marquess), (1908) 1 KB 63. As to inspection o...

Endowment

Endowment, wealth ensured in perpetuity to any person or use. The assuring dower to a woman; the setting forth a sufficient portion for a vicar towards his perpetual maintenance when the benefice is appropriated; the creation of a perpetual provision out of lands or money for any institution or person. as to the meaning of the term in s. 62 of the Charitable Trusts Act, 1853, see Re Clergy Orphan Corporation, (1894) 3 Ch 145.A gift of money or property to an institution (such as university) for a specific purpose esp. in which the principal kept intact indefinitely and only interest income from that principal is used, Black's Law Dictionary, p. 548.Endowment is dedication of property for purposes of religion or charity having both the subject and object certain and capable of ascertainment, Pratap Singh Ji N. Desai v. Deputy Charity Commissioner, AIR 1987 SC 2004 (2069): 1987 Supp SCC 714....

Charitable purpose

Charitable purpose, includes relief of the poor, education, medical relief and the advancement of any other object of general public utility, but does not include a purpose which relates exclusively to religious teaching or worship. [Charitable Endow-ments Act, 1890 (6 of 1890), s. 2]Means relief of the poor, education, medical relief and the advancement of any other object of general public utility without the additive words 'not involving the carrying on of any activity for profit', Additional Commissioner of Income Tax v. Surat Art Silk Cloth Manufacturers Association, Surat, (1980) 2 SCR 77: (1980) 2 SCC 31: AIR 1980 SC 387.The definition of 'charitable purposes' in the West Bengal Estates Acquisition Act, 1953 follows, though not quite, the well-known definition of charity given by Lord Macnaghten in Commissioners for Special Purposes of Income Tax v. Pemsel, (1891) AC 531 (583), where four principal divisions were said to be comprised-trusts for the relief of poverty; trusts for ...

Religious charity

Religious charity, clause (13) of s. 6 defines 'religious charity' as meaning 'a public charity associated with a Hindu festival or observance of a religious character, whether it be connected with a math or temple or not', Commissioner v. Narayana Ayyangar, AIR 1965 SC 1916 (1917): (1965) 3 SCR 168. [T.N. Hindu Religious and Charitable Endowments Act, 1951 s. 6(13)]...

Approximate

Approximate, the word 'approximate', does not occur in every item of the charities only shows that the persons responsible for paying moneys for the charities had a discretion to vary the amount mentioned slightly. That have been because the charities were not very clearly defined and because the acts constituting them were not rigidly fixed , M.R. Goda Rao Sahib v. State of Madras, AIR 1966 SC 653: (1966) 1 SCR 643. [T.N. Hindu Religious and Charitable Endowments Act, 1951 (51 of 1951), s. 32]...

Corporation or body politic

Corporation or body politic, an artificial person es-tablished for preserving in perpetual succession certain rights, which being conferred on natural persons only would fail in process of time. It is either aggegate, consisting of many members, or sole, consisting of one person only, as a parson. It is also either spiritual, created to perpetuate the rights of the Church, or lay'sub-divided into civil, created for many temporal purposes, and eleemosynary, to perpetuate founders' charities. It is by virtue of the sovereign's prerogative exercised by a charter, or of an Act of Parliament, or of prescription, that the artificial personage called a corporation, whether sole or aggregate, civil or ecclesiastical, is created. The royal charter gives it a legal immortality, and a name by which it acts and becomes known. It has power to make bye-laws for its own government, and transacts its business under the authority of a common seal-its hand and mouthpiece; it has neither soul nor tangibl...

Visitor

Visitor, an inspector of, incidental to and necessary for all elemosynary, many ecclesiastical and other corporations, endowed and other colleges, schools, hospitals and institutions; also of a college, corporation or hospital [see (Halsb. L.E. (Hailsham Edn.), vol. iv., tit. 'Charities'; and Cathedrals Measure, 1931 (21 & 22 Geo. 5, No. 7)] The Court of Chancery has exercised the right of visitation on behalf of the Crown, in whom the right (see 25 Hen. 8, c. 21 and 1 Eliz. c. 1, s. 2) of visitation and inspection lies, in default of special visitors. Under the (English) Lunacy Act, 1890, Parts VI. and VII., ss. 163 to 206, Chancery visitors of persons of unsound mind, so found by inquisition, appointed by the Lord Chancellor visiting committees under the regulations of a mental hospital, visitors appointed by justices, and visiting commissioners have special powers and duties to inspect persons, treatment documents and places in connection with persons of unsound mind. See also IDIOT...

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