If fuch cafe happen on or after Day appointed by fuch Writ, Proclamation fued as herein mcntioned.

37 G. 3. c.127. § 3.

$1 G. 3. c. 1. § 22.

In cafe of Deraife of His Majefty, or of The Regent, fubfequent to Diffsolution or

new Parliament, the fame fhall in the due and accustomed manner be prorogued to fuch Day fo to be mentioned in fuch Proclamation.

VI. And be it alfo enacted by the Authority aforefaid, That if such case as aforefaid fhall happen upon or after the Day appointed by any Writ of Summons then iffued for calling and affembling a new Parliament, and before fuch new Parliament fhall have met and fat as a Parliament, then and in fuch cafe The Regent fhall forthwith cause such a Proclamation as aforefaid to be iffued and published, declaring that such case hath happened, and requiring the new Parliament either to convene and fit at Westminster immediately after fuch Proclamation fhall have been published, or upon fome Day to be Incntioned in fuch Proclamation, and being within Sixty Days, to be computed from the Date of the faid Proclamation; and in each case the Parliament so convening and fitting fhall be and be deemed to be a Parliament to all Intents and Purposes under the Provifions of this A&t.

• VII. And Whereas by an A&t passed in the Thirty feventh Year of the Reign of His prefent Majefty, intituled An A&t to shorten the time now required for giving Notice of the Royal Intention of • His Majefty, His Heirs and Succeffors, that the Parliament fhall • meet and be holden for the Dispatch of Bufinefs, and more effectually to provide for the Meeting of Parliament in the cafe of a Demife of the Crown; it is amongst other things enacted, that in the cafe of the Demife of His Majefty, His Heirs or Succeffors, fub. sequent to the Diffolution or Expiration of a Parliament, and before the Day appointed by the Writs of Summons for affembling a new Parliament, the laft preceding Parliament fhall immediately convene and fit at Westminster, and be a Parliament, for fuch time to all Intents and Purpofes, and fubject as therein is provided: And Whereas by the aforefaid A&t paffed in the Fifty firft Year of His Majefty's Reign, it is amongst other things enacted, that if His Royal Highnefs The Prince of Wales fhall depart this Life during the Continuance of the Regency by that Act established, or cease to be Regent under any of the Provifions thereof, the Lords of His Majefty's most Honourable Privy Council fhall forthwith cause a Proclamation to be issued in His Majesty's Name, under the Great Seal of the United Kingdom of Great Britain and Ireland, declaring the fame; and in cafe any fuch Proclamation fhall iffue at any time fubfequent to the Diffolution or Expiration of a Parliament, and before the Day appointed by any Writs of Summons then iffued for affembling a new Parliament, then and in fuch cafe the last preceding Parliament fhall immediately convene and fit at Westminster, and be a Parliament, for fuch time to all Intents and Purposes, and fubject as therein is mentioned: And Whereas • Doubts may arife as to the Effect of the Demife of His Majesty, and of His Royal Highnefs The Prince of Wales, Regent, refpectively, or of His Royal Highnefs ceafing to be Regent as aforefaid, fubfequent to the Diffolution or Expiration of a Parliament, and before the Day appointed by any Writs of Summons then issued for affembling a new Parliament, with refpect to the Execution or further Execution of fuch Writs of Summons ;' Be it therefore declared and enacted, That upon fuch Events refpectively taking place as aforefaid subsequent to the Diffolution or Expiration of a Parliament, and before the Day appointed by any Writs of Sum

mons

Parliament, and

before Day ap

pointed for

mons then iffued for affembling a new Parliament, fuch Writs of Expiration of Summons fhall be and be deemed and taken to be fuperfeded and discharged, fuch Event of His Majefty's Demife being notified by Proclamation under the Great Seal, and fuch the Demife of The Prince of Wales as aforefaid, or his ceafing to be Regent as aforefaid, being notified by Proclamation under the Great Seal, fo caused to be iffued by the Lords of His Majesty's most Honourable Privy Council, and that Perfons refpectively charged with the Execution thereof fhall not proceed or further proceed in the Execution of fuch Writs; and all Acts before done or afterwards done in the Execution thereof shall be deemed and taken to be invalid and of no Effect.

VIII. Provided nevertheless, and be it enacted by the Authority aforefaid, That nothing herein contained, nor any Act which shall be done by virtue hereof, fhall be deemed or taken to repeal, or in any manner to alter or affect, otherwife than is herein exprefsly provided, the Provifions of any Act or Acts of Parliament heretofore paffed and now in force, fo far as the fame regulate, require or provide for the meeting, convening and fitting of Parliament in cafe of the Demife of His Majefty, or His Heir or Heirs, Succeffor or Succeffors, or in cafe The Regent fhall depart this Life or cease to be Regent, or to repeal, alter or affect the Provifion heretofore made by any Act now in force for fhortening the time which had before been required for giving Notice of the Royal Intention that the Parliament fhould meet and be holden for the Dispatch of Bufinefs.

CA P. XCI.

An Act for appointing Commiffioners to inquire concerning
Charities in England for the Education of the Poor.

[10th June 1818.]

WHEREAS it is highly expedient that an Inquiry should be

made, by Commiffioners to be specially appointed, into the Amount, Nature and Application of the Produce of any Estates or Funds which have from time to time been devised or otherwise appropriated by pious and well difpofed Perfons to the Purpofe of the Education of the Poor; and whether any Breaches of Trust, Irregularities or Abufes have been practifed or happened in the • Management and Employment thereof, and whether, by Change of • Circumstances or other Causes, the fame cannot be beneficially applied for the Purposes originally intended;' Be it therefore enacted by The King's Moft Excellent Majefty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this present Parliament affembled, and by the Authority of the fame, That it fhall and may be lawful for His Majefty to iffue a Commiffion under the Great Seal to any Number of Perfons not exceeding Fourteen, who shall be constituted Commiffioners for the Purposes intended by this Act; and that they the faid Commiffioners or any Three of them shall and they are hereby empowered and required to examine into and investigate the Amount, Nature and Application of all Eftates and Funds, of what Nature or Kind foever, and the Produce thereof, destined or intended to be applied to the Purpose of educating the Poor in England and Wales, in fo far as fuch Produce shall appear to be deftined or applied for the Purpose of educating Bb 4 the

Meeting of a new Parliament, the Wri's of Summons thall be fuperfeded and discharged. Such Events

being notified by Proclamation,

Provifo for Acts providing for the Meeting of Parliament, in cafe of the Demife of His Majefty,

&c.

Commiffioners appointed to inquire into the Amount, Nature and Management of Chari

ties connected with Education of the Poor.

To report Half Yearly to The King and Parliament.

And in cafes

where Estates

cannot be applied.

Oath to be administered to Commiffioners.

Salaries to a

certain Number of Commiffion

ers.

the Poor, and to examine into and investigate all Breaches of Truft, Irregularities, Frauds, Abuses or fuppofed Abuses or Misconduct, in relation to and in the Management or Appropriation or Nonappropriation or Mifappropriation of fuch Eftates and Funds; and the faid. Commiffioners or any Three of them fhall, once in each Half Year during the Continuance of the faid Commiffion, report and certify, in Writing under their Hands and Seals, to The King's Most Excellent Majefty, and to both Houses of Parliament, their Proceedings, touching the Amount, Nature, Management, Application and Appropriation of fuch of the aforefaid Eftates and Funds as they fhall have inquired and examined into, and also what is the Nature of fuch Eftates and Funds refpectively, and the actual annual Produce thereof, and what is the actual annual Value thereof, and in whofe Poffeffion as Tenants thereof, any Part thereof confifting of Lands, Tenements or Hereditaments fhall be, adding at the fame time fuch Obfervations as fhall occur to them refpecting fuch Mode as they fhall deem most effectual for the recovering of fuch Part or Parts of such Eftates or Funds as fhall appear to them to have been applied in breach of the feveral Trufts created in refpect of the same, or fhall appear to have been omitted to be applied in pursuance of such Trufts, and subjoining such Suggestions as may feem to them expedient refpecting the moft effectual Mode of fecuring fuch Eftates and Funds, and their refpective Produce, against any future Mifapplication thereof.

II. And be it further enacted, That if upon fuch Inquiry as aforefaid, it shall appear to the faid Commiffioners that from any Cause whatsoever it has become impoffible to apply the Eftates or Funds aforefaid, or any Part thereof, to the Purposes to which the fame were destined or directed to be applied, the faid Commiffioners fhall report the special Circumstances of each case.

III. And be it further enacted, That the said Commiffioners to be appointed by virtue of this Act fhall each of them, previously to his entering upon the Execution of the fame, take an Oath before the Chancellor of the Exchequer or the Mafter of the Rolls for the time being (which Oath they are hereby respectively authorized and required to administer), the Tenor whereof shall be as followeth ; (that is to fay,)

I A. B. do fwear that, according to the best of my Skill and
Knowledge, I will faithfully, impartially and truly execute the
feveral Powers and Trufts vefted in me by an A&t intituled An
Aa [here infert the Title of this A&], according to the Tenor and
Purport of the faid Act.'

IV. And be it further enacted, That no Remuneration fhall be given, for and in respect of the Execution of this Act, to fuch of the faid Commiffioners as fhall be Members of either House of Parliament, nor to any Number exceeding Eight of the other Commiffioners; but there fhall be allowed and paid to every fuch Commiffioner fuch reafonable Sums, for and in refpect of fuch travelling Expences as may come to be incurred in the Execution of this Act, as in the Judgment of the Lords Commiffioners of His Majesty's Treasury, or Lord High Treasurer for the time being, fhall be Appointment of deemed requifite; and the faid Commiffioners are hereby authorized Secretary, to appoint and employ fuch Secretary, Clerks, Meffengers and Offi

cers

cers not exceeding in the whole One Secretary, Four Clerks, Four Clerks, MefMeffengers and Two other Officers, as they fhall think meet, and fengers, &c. to administer to the faid Secretary, Clerks and Officers refpectively, an Oath for his true and faithful Demeanour in all things relating to the due Performance of any Truft refpecting the Execution of this Act reposed in him by the faid Commiffioners, and in all other things touching the Premifes; which Secretary, Clerks and Officers are No Fee to Sehereby required faithfully to execute and perform the faid Truft in cretary, &c. bethem severally and respectively repofed, without taking any thing for yond Salary. fuch their Service, other than fuch Salary or Reward as the faid Commiffioners fhall think fit to direct and appoint in their behalf; and the Lords Commiffioners of the Treafury, or Lord High Treasurer for the time being, are hereby authorized and required to iffue and cause to be paid any Sums of Money, not exceeding Four thousand Pounds, to fuch Perfon or Perfons as the said Commiffioners shall by Writing under their Hands defire or direct, out of the Confolidated Fund of the United Kingdom of Great Britain and Ireland; which Sums, when fo iffued and paid, fhall be employed for the Payment to the faid Commiffioners for their travelling Expences, as alfo for the Payment of such Secretary, Clerks, Meffengers or other Officers, and in defraying all other neceffary Charges in or about the Execution of the Powers of this Act, and in fuch manner and in fuch Proportions as fhall be appointed by the faid Commiffioners by Writing under their Hands on that behalf, the fame to be accounted for by the Perfon or Persons to whom the fame fhall be iffued or paid according to the Course of His Majefty's Exchequer without any Fees or other Charges to be taken or demanded for the iffuing and Payment of the fame, on the paffing of the faid Accounts, other than such Sum as the faid Commiffioners fhall appoint.

of

Fund for travelling Expences to Commiffioners,

and Salary to Officers, &c.

Places, and fons, and fend for Papers.

fummon Per

V. And be it further enacted, That for the Purpose of profecuting Commiffioners the Inquiries and Examinations by this A&t directed, the faid Com- to hold Meetmiffioners or any Three of them fhall meet, and from time to time, ings at various with or without Adjournment, hold their Sittings within the City of Westminster, or in any other City, Town, Borough, Hamlet, Village or Place respectively in England, which to them fhall appear moft convenient for executing the Purposes of this Act; and the faid Commiffioners are hereby authorized to require, by a Precept under their Hands and Seals, or under the Hands and Seals of any Three of them, from any Person or Perfons acting as a Trustee for any of the faid Eftates or Funds, or having any Concern in the Management or Administration of the fame, or in the Payment or Receipt of any the faid Funds or Eftates, or any Charge upon any Fund or Eftate applicable to the Purposes of Education as aforefaid, to render to the faid Commiffioners a true Account, as far as confifts with their Knowledge, of all that relates to fuch Funds or Eftates as aforefaid under their Truft or Management, or on account of which they may have acted in making or receiving Payments; and, as often as Need fhall be, to fend their Precept or Precepts under their Hands and Seals, or under the Hands and Seals of any Three of them, for any Perfon or Perfons whatsoever to attend them, and require fuch Perfon or Persons to bring with him or her any Deed, Paper, Writing, Inftrument or other Document, being in his or her Cuftody and Poffeffion, and relating to any fuch Eftates or Funds, or the Produce thereof, and to the Receipt or Application or Nonapplication or

Mif

Expences paid and Perfons not compelled to

travel more than 'Ten Miles.

Purchasers of
Premifes with-
out Notice not

bound further to
anfwer Inter-
rogatories, nor
to produce

Mifapplication thereof, which shall in the Judgment of fuch Commiffioners be conducive and neceffary to the due Execution of the Purposes of this A&t; and every Perfon to whom fuch Precept shall as aforefaid have been addreffed and delivered, is hereby required and directed punctually to attend the faid Commiffioners at fuch time and Place as fhall by them for that Purpose have been appointed; and to every fuch Perfon or Perfons fhall be paid fuch Sum of Money as in the Judgment of the said Commiffioners fhall be just and reasonable : Provided always that no fuch Perfon fhall be obliged to travel, in obedience to fuch Precept, more than Ten Miles from his or her Place of Abode.

VI. Provided always, and be it further enacted by the Authority aforefaid, That if any Person who shall be fummoned to appear before the faid Commiffioners, or before any Three of them, fhall, upon his or her Examination, allege that he or she hath purchased or obtained for valuable Confideration any Estate or Intereft of, in, to or out of any Lands, Tenements, Rents, Annuities, Hereditaments, Goods or Title Deeds, &c. Chattels, touching which he or she shall be fought to be fo examined, without Fraud or Covin, having no Notice of any Charitable Truft or Ufe to which the faid Lands, Tenements, Rents, Annuities, Hereditaments, Goods or Chattels, or any Charge thereon, have been given, limited or appointed, then fuch Perfon shall not be bound to make further Answer to any Interrogatory of such Commiffioners, nor to produce or to fhew to the faid Commiffioners any Deed, Paper, Writing, Inftrument or other Document relating to his or her Estate or Interest in fuch Lands, Tenements, Rents, Annuities, Hereditaments, Goods or Chattels.

Commiffioners empowered to examine upon Oath.

Mortgagees, Trustees, &c. not compellable to produce Deeds, without Notice to Mort

gagor, &c.

Nor when liable thereby to Penalties.

VII. And for the rendering more effectual all fuch Examinations as are intended to be had under this Act, be it enacted, That the said Commiffioners are hereby authorized to examine upon Oath, or Affirmation of Perfons being Quakers (which Oath or Affirmation they or any Three of them are hereby authorized to administer), all Perfons whom they are by the Provisions of this A&t empowered to call before them to be examined, touching all matters and things necessary for the Execution of the Powers vested in them by this A&.

VIII. Provided alfo, and be it enacted, That no Perfon having the Cuftody of any Deed, Paper, Writing, Inftrument or other Document, as Mortgagee, Trustee or Agent, Solicitor or Attorney, shall be compellable to produce the fame, or to give any Evidence as to the Contents thereof, without Notice being first given to his Mortgagor, Ceftuique Truft or Principal, and the faid Mortgagor, Ceftuique Truft or Principal, being examined touching the fame by the faid Commiffioners; and in cafe fuch Mortgagor, Ceftuique Truft or Principal fhall by the Provifions of this A&t be exempted from producing the said Deed, Paper, Writing, Inftrument or other Document, then the Mortgagee, Trustee or Agent, Solicitor or Attorney, fhall not be bound to produce or fhew the fame, or give any Evidence of the Contents thereof, to the faid Commiffioners: Provided also, that no Perfon fhall be compellable to answer any Queftion, or to produce any Deed, Paper, Writing, Inftrument or other Document, the Answer to which, or the Production of which, may criminate or tend to criminate fuch Perfon, or to expose such Perfon to any Pains or Penalties.

IX. Pro