Trustees of the school had accumulated income in excess of what was required to achieve the objects of the charitable trust, and asked the court how to apply them. Having upheld the contention that what was described as Sir S. Romilly’s Act conferred sufficient jurisdiction to deal with the matter, the Lord Chancellor continued: ‘it is of constant occurrence that the court is asked to inquire whether an Act of Parliament shall be applied for. If it is in regard to such a matter as this court has no jurisdiction to alter, or which is already provided for by Act of Parliament, it is obvious it requires the authority of Parliament in such cases to enable the trustees to depart from that which is their prescribed duty, according to the rule existing.’
Citations:
(1849) 1 Mac and G 324
Jurisdiction:
England and Wales
Cited by:
Cited – Re Shipwrecked Fishermen and Mariners’ Royal Benevolent Society ChD 1959
The court approved a scheme conferring wider powers of investment than those authorised by the statute incorporating the charity: ‘It is said on behalf of persons interested in the charity that the court is empowered to make a scheme to authorize a . .
Cited – Attorney General v British Museum ChD 27-May-2005
The trustees brought a claim against the Attorney-General seeking clarification of their duties and powers to return objects which were part of the collection in law, but where a moral duty might exist to return it to a former owner. Here drawings . .
Cited – Construction Industry Training Board v Attorney-General CA 1973
The principal issue was whether a body set up by statute and subject to the control of a minister of the Crown was a ‘charity’ within the meaning of section 45(1) of the Charities Act 1960, for which purpose it had to be subject to ‘the control of . .
Lists of cited by and citing cases may be incomplete.
Charity
Updated: 06 December 2022; Ref: scu.225529
