« PreviousContinue »
[The effect of section 92 of the Act of 1835, section 1 of 6 & 7 Will. 4, c. 104 Transitory (1836), and section 28 of 7 Will. 4 and 1 Vict. c. 78 (1837), is preserved in this Provisions. clause).
132.—Nothing in this Act shall make liable to the payment of Saving against
new liability any debt contracted by any body corporate of a borough before to debts con the passing of the Municipal Corporations Act, 1835, any part 5 && Will. 4, of the real or personal estate of that body corporate which before the passing of that Act was not liable thereto or authorize the levy of any rate within any part of any borough for the purpose of paying any debt contracted before the passing of that Act, which before the passing of that Act could not lawfully be levied therein towards payment of the same.
[The effect of section 92 of the Act of 1835 is preserved in this cla:180?
CHARITABLE AND OTHER TRUSTS AND POWERX.
Administration of charitable trusts and vesting of legal estate.
133.-(1.) Where at the passing of the Municipal Corporations Act, 1835, the body corporate of a borough, or any one or more of the members thereof, in his or their corporate capacity, stood solely, or together with any person or persons elected solely by that body corporate, or solely by any particular number, class, or description of members thereof, seised or possessed, for any estate or interest, of lund, in whole or in part in trust or for the benefit of any charitable uses or trusts, and the legal estate in that land was, at the passing of the Municipal Corporations Act, 1835, vested in the body corporate or person or persons so seised or possessed thereof, and was by the Charitable Trusts Act, 1853,+ vested in the trustees appointed by the Lord Chancellor under the Municipal Corporations Act, 1835, or such of them us should be surviving and continuing trustees under that appointment, according to the respective estates and interests therein, and subject to such and the same charges and incumbrances, and on such and the same trusts, as the same were subject to before such vesting, then, in every case, on the death, resignation, or removal of any trustee, and on any appointment of a new trustee, the legal estate in that land and in all other lands subject to any such charitable uses or trusts for
* Primâ facie a municipal corporation has full power to dispose of all its property like a private individual, and it lies on the person alleging the contrary to establish a trust.–Evan v. Aron (Corporation), 29 Bevan, 144. The Attorney-General has power to restrain or afterwards impeach the alienation of corporate property made pending the granting of a charter. Until the repeal of the 97th section of the 5 & 6 Will. 4, c. 76, by the Statute Law Revision Act, 1874, the alienation of corporate property after forinal notice has been given by the Crown of its intention to grant a charter could be impeached under its provisions.
† The 16 & 17 Vict. c. 137, s. 65.
the time being vested in the trustees or any of them, or in any Charitable
Trusts. persons or the heirs or devisees of any person deceased, resigned, or removed, shall vest in the persons who after such death, resignation, or removal, and such appointment of a new trustee, continue or are the trustees for the time being, without any conveyance or assurance.
[It was held in Rex v. Sankey (5 A. & E., 423) that section 71 of the Act of 1835 applied to all cases where property had been granted to a corporation subject to a payment for charitable purposes imposed by the grantor. As to what constitute charitable trists within the meaning of the words of the section, seo in re Oxford Charities (3 Jyl. & Cr., 239), wherein it was held that property appropriated by the corporation for the maintenance of lecturers to preach before the corporate body was not property to be regarded or held as a charitable trust. But tolls granted by charter to a corporation for tne reparation of the walls and bridges of a borough are gifts from charitable persons within 39 Eliz. c. 5, to be administered in the Court of Chancery.--Allorney-General v. Corporation of Shrewsbury (6 Beav., 220). This statute also enables a corporation to “found hospitals for the poor, and to incorporate them.” See in re Corporation of Newcastle (12 Cl. & F., 402)].
(2.) Nothing in this section shall take away, abridge, or prejudicially affect any power, authority, or jurisdiction of the Charity Commissioners for England and Wales.
[The effect of section 71 of the Act of 1835, section 65 of 16 & 17 Vict, c. 137 (1853), and section 2 of 23 & 24 Vict. c. 136 (1860), is preserved in this clause).
Special Trusts and Pouers.
and Powers. 134.— The municipal corporation of a borough shall be Corporation trustees * for executing by the council † the powers and pro- where corvisions of all Acts of Parliament made before the passing of the trustees. Municipal Corporations Act, 1835 (other than Acts made for securing charitable uses and trusts), and of all trusts (other than charitable uses and trusts) of which the body corporate of the borough, or any of the members thereof in their corporate capacity, was or were sole trustees # before the first election of councillors in the borough under the Municipal Corporations Act, 1835.
[The effect of section 72 of the Act of 1835 is preserved in this clause).
* The word “trustees "
means trustees, commissioners, or directors, or the persons charged with the execution of a trust or public duty, however designated. See section 7.
+ In Rey. v. Corporation of Poole it was held that the council were substituted for the mayor, bailiff, and burgesses, who under a local Act, had the managemint of certain quay and barbour dues, but that the council were strictly bound by the provisions of the lucai Act.
The case of Staniland v. Hopkins (9 M. & W., 178) clearly construed that the body corporate should be trustees or commissioners for executing, by the town council, the powers and provisions of all Acts of Parliament, under which the old body corporate, or any of the members thereof in their corporate capacity, were sole trustees.
of members of council to be trustees in cases of joint trusts and other cases.
Special Trusts 135.-(1.) In every borough in which the body corporate, or and Powers.
a particular or limited number, class, or description of members Appointment thereof, or of persons appointed by the body corporate, was or
were before the passing of the Municipal Corporations Act, 1835, trustees jointly with other trustees for the execution of any Act of Parliament, or of any trust, or in which the body corporate, or any particular or limited number, class or description of members or nominees thereof, by any statute, charter, bye-law, or custom, before the passing of the Municipal Corporations Act, 1835, was or were, lawfully appointed to or exercised any powers, duties, or functions, not otherwise in the Municipal Corporations Act, 1835, or this Act, provided for, and the continuance of which is not inconsistent with the provisions of the Municipal Corporations Act, 1835, or this Act, the council, on the day prescribed in any Act of Parliament as aforesaid, or in the deed or will by which the trust is created, for a new election, nomination, or appointment of trustees, or on which a new election, nomination, or appointment has usually been made (and if there is no day prescribed or usually observed, then on or within ten days after the first of January in every year), shall appoint the like number of members of the council, or as near as may be to the like number of members of the council, as there were theretofore members or nominees of the body corporate of the borough who in right of their office were such trustees, or charged with the execution of such powers, duties, and functions, in rooi of the members or nominees of the body corporate ceasing to be trustees, or ceasing to exercise such powers, duties, and functions by virtue of the Municipal Corporations Act, 1835.
(2.) In every case of extraordinary vacancy among the trustees or persons so appointed, the council shall forth with appoint one other member of the council in the room of the person by whom the vacancy has been made, to hold his trust or office for such time as that person would regularly have held it.
[The effect of section 73 of the Act of 1835 is preserved in this clause).
136.-(1.) The trustees appointed or acting by or under any
local Act of Parliament for the time being in force, for paving, Lo municipal lighting, supplying with water or gas, cleansing, watching,
regulating, or improving, a borough, or any part thereof, or for Local Acl6. providing or maintaining a cemetery or market in or for a borough, or any part thereof, whether in any such case their powers under the local Act do or do not extend beyond the borough, may, if they think fit, at a meeting called for this purpose, transfer to the municipal corporation of the borough, with the consent of the council but not otherwise, all the rights, powers, estates, property, and liabilities for the time being vested in or imposed on the trustees under the local Act.
[The corporation have power to defray the expenses of such transfer under 35 & 36 Vict. c. 91 (1872)).
(2.) The transfer shall be made in writing under the common seal of the trustees if they are a corporation, and if not, then by deed executed by the trustees, or by any two of them acting by their authority and on their behalf.
(3.) On the transfer being made, the municipal corporation shall become and be the trustees for executing by the council the powers and provisions of the local Act; and all the rights, powers, estates, and property vested in the transferring trustees shall vest in the corporation; and all the liabilities and obligations of the transferring trustees shall be transferred to and borne by the corporation,* and the transferring trustees shall be discharged therefrom.
[The effect of sections 2 and 3 of 20 & 21 Vict. c. 60 (1857) is preserved in this clause).
137.-(1.) Where at the passing of the Municipal Corpora- Power for tions Act, 1835, there was a local Act of Parliament for lighting extend local
lighting Act. part of a borough then incorporated, the council may, if they think fit, make an order that any specified part of the borough not within the provisions of any such local Act shall, after a day fixed in the order, be within those provisions; and after that day the part so specified shall be within those provisions, as far as relates to lighting, or to any rate authorized to be levied for lighting.
(2.) But the part so specified shall be lighted in like manner as those parts of the borough which before the making of the order were within those provisions; and any rate raised for the purpose of defraying the expenses of lighting the part so
* See Swinford v. Keble (L.R., 1 Q.B., 549) as to the extent of the power vested in the transferring authority (the borough and town of Margate).