1964_APPENDIX_IIA_-_ENGLISH_ACTS — Page 39

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38

Item 47

App. IIA]

Charities Procedure Act 1812

[1987 Ed.

[1] Witnesses cannot refuse to answer questions tending to establish their indebtedness, etc.-A witness cannot by law refuse to answer a question relevant to the matter in issue, the answering of which has no tendency to accuse himself or to expose him to penalty or forfeiture of any nature whatsoever, by reason only or on the sole ground that the answering of such question may establish or tend to establish that he owes a debt, or is otherwise subject to a civil suit either at the instance of his Majesty or of any other person or persons.

Item 48

THE CHARITIES PROCEDURE ACT 1812

(52 Geo. 3 c. 101)

[Extracted from Halsbury's Statutes of England (2nd edition), Vol. 2, p. 828]

An Act to provide a summary Remedy in Cases of Abuses of Trusts created for charitable Purposes.

[9th July, 1812.]

[1.] In cases of breach of a charitable trust, etc., a petition may be presented to the lord chancellor, etc., who shall hear the same in a summary way, and make order therein.-From and after the passing of this Act, in every case of a breach of any trust or supposed breach of any trust created for charitable purposes, or whenever the direction or order of a court of equity shall be deemed necessary for the administration of any trust for charitable purposes, it shall be lawful for any two or more persons to present a petition to the lord chancellor, lord keeper, or lords commissioners for the custody of the great seal, or master of the rolls for the time being, or to the Court of Exchequer, stating such complaint and praying such relief as the nature of the case may require; and it shall be lawful for the lord chancellor, lord keeper and commissioners for the custody of the great seal, and for the master of the rolls and the Court of Exchequer, and they are hereby required, to hear such petition in a summary way, and upon affidavits or such other evidence as shall be produced upon such hearing to determine the same, and to make such order therein and with respect to the costs of such applications as to him or them shall seem just.

*

2. Petitions to be signed by petitioners, and certified by attorney general, etc.-Provided always, ... that every petition so to be preferred as aforesaid shall be signed by the persons preferring the same, in the presence of and shall be attested by the solicitor or attorney concerned for such petitioners, and every such petition shall be submitted to and be allowed by his Majesty's attorney or solicitor general, and such allowance shall be certified by him before any such petition shall be presented.

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38 Item 47 App. IIA] Charities Procedure Act 1812 [1987 Ed. [1] Witnesses cannot refuse to answer questions tending to establish their indebtedness, etc.-A witness cannot by law refuse to answer a question relevant to the matter in issue, the answering of which has no tendency to accuse himself or to expose him to penalty or forfeiture of any nature whatsoever, by reason only or on the sole ground that the answering of such question may establish or tend to establish that he owes a debt, or is otherwise subject to a civil suit either at the instance of his Majesty or of any other person or persons. Item 48 THE CHARITIES PROCEDURE ACT 1812 (52 Geo. 3 c. 101) [Extracted from Halsbury's Statutes of England (2nd edition), Vol. 2, p. 828] An Act to provide a summary Remedy in Cases of Abuses of Trusts created for charitable Purposes. [9th July, 1812.] [1.] In cases of breach of a charitable trust, etc., a petition may be presented to the lord chancellor, etc., who shall hear the same in a summary way, and make order therein.-From and after the passing of this Act, in every case of a breach of any trust or supposed breach of any trust created for charitable purposes, or whenever the direction or order of a court of equity shall be deemed necessary for the administration of any trust for charitable purposes, it shall be lawful for any two or more persons to present a petition to the lord chancellor, lord keeper, or lords commissioners for the custody of the great seal, or master of the rolls for the time being, or to the Court of Exchequer, stating such complaint and praying such relief as the nature of the case may require; and it shall be lawful for the lord chancellor, lord keeper and commissioners for the custody of the great seal, and for the master of the rolls and the Court of Exchequer, and they are hereby required, to hear such petition in a summary way, and upon affidavits or such other evidence as shall be produced upon such hearing to determine the same, and to make such order therein and with respect to the costs of such applications as to him or them shall seem just. * 2. Petitions to be signed by petitioners, and certified by attorney general, etc.-Provided always, ... that every petition so to be preferred as aforesaid shall be signed by the persons preferring the same, in the presence of and shall be attested by the solicitor or attorney concerned for such petitioners, and every such petition shall be submitted to and be allowed by his Majesty's attorney or solicitor general, and such allowance shall be certified by him before any such petition shall be presented.
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38 Item 47 App. IIA] Charities Procedure Act 1812 [1987 Ed. [1] Witnesses cannot refuse to answer questions tending to establish their indebtedness, etc.-A witness cannot by law refuse to answer a question relevant to the matter in issue, the answering of which has no tendency to accuse himself or to expose him to penalty or forfeiture of any nature whatsoever, by reason only or on the sole ground that the answering of such question may establish or tend to establish that he owes a debt, or is otherwise subject to a civil suit either at the instance of his Majesty or of any other person or persons. Item 48 THE CHARITIES PROCEDURE ACT 1812 (52 Geo. 3 c. 101) [Extracted from Halsbury's Statutes of England (2nd edition), Vol. 2, p. 8281 An Act to provide a summary Remedy in Cases of Abuses of Trusts created for charitable Purposes. [9th July, 1812.] [1.] In cases of breach of a charitable trust, etc., a petition may be presented to the lord chancellor, etc., who shall hear the same in a summary way, and make order therein.-From and after the passing of this Act, in every case of a breach of any trust or supposed breach of any trust created for charitable purposes, or whenever the direction or order of a court of equity shall be deemed necessary for the administration of any trust for charitable purposes, it shall be lawful for any two or more persons to present a petition to the lord chancellor, lord keeper, or lords commissioners for the custody of the great seal, or master of the rolls for the time being, or to the Court of Exchequer, stating such complaint and praying such relief as the nature of the case may require; and it shall be lawful for the lord chancellor, lord keeper and commissioners for the custody of the great seal, and for the master of the rolls and the Court of Exchequer, and they are hereby required, to hear such petition in a summary way, and upon affidavits or such other evidence as shall be produced upon such hearing to determine the same, and to make such order therein and with respect to the costs of such applications as to him or them shall seem just . * 2. Petitions to be signed by petitioners, and certified by attor- ney general, etc.-Provided always, . . . . that every petition so to be preferred as aforesaid shall be signed by the persons preferring the same, in the presence of and shall be attested by the solicitor or attorney concerned for such petitioners, and every such petition shall be submitted to and be allowed by his Majesty's attorney or solicitor general, and such allowance shall be certified by him before any such petition shall be presented.
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38

Item 47

App. IIA]

Charities Procedure Act 1812

[1987 Ed.

[1] Witnesses cannot refuse to answer questions tending to establish their indebtedness, etc.-A witness cannot by law refuse to answer a question relevant to the matter in issue, the answering of which has no tendency to accuse himself or to expose him to penalty or forfeiture of any nature whatsoever, by reason only or on the sole ground that the answering of such question may establish or tend to establish that he owes a debt, or is otherwise subject to a civil suit either at the instance of his Majesty or of any other person or

persons.

Item 48

THE CHARITIES PROCEDURE ACT 1812

(52 Geo. 3 c. 101)

[Extracted from Halsbury's Statutes of England (2nd edition), Vol. 2, p. 8281

An Act to provide a summary Remedy in Cases of Abuses of Trusts

created for charitable Purposes.

[9th July, 1812.]

[1.] In cases of breach of a charitable trust, etc., a petition may be presented to the lord chancellor, etc., who shall hear the same in a summary way, and make order therein.-From and after the passing of this Act, in every case of a breach of any trust or supposed breach of any trust created for charitable purposes, or whenever the direction or order of a court of equity shall be deemed necessary for the administration of any trust for charitable purposes, it shall be lawful for any two or more persons to present a petition to the lord chancellor, lord keeper, or lords commissioners for the custody of the great seal, or master of the rolls for the time being, or to the Court of Exchequer, stating such complaint and praying such relief as the nature of the case may require; and it shall be lawful for the lord chancellor, lord keeper and commissioners for the custody of the great seal, and for the master of the rolls and the Court of Exchequer, and they are hereby required, to hear such petition in a summary way, and upon affidavits or such other evidence as shall be produced upon such hearing to determine the same, and to make such order therein and with respect to the costs of such applications as to him or them shall seem just .

*

2. Petitions to be signed by petitioners, and certified by attor- ney general, etc.-Provided always, . . . . that every petition so to be preferred as aforesaid shall be signed by the persons preferring the same, in the presence of and shall be attested by the solicitor or attorney concerned for such petitioners, and every such petition shall be submitted to and be allowed by his Majesty's attorney or solicitor general, and such allowance shall be certified by him before any such petition shall be presented.

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