Abuses in charities are now remedied by the Attorney-General, who, in his official capacity, institutes proceedings in Chancery at the relation of some informant (called the Relator) to have the charity established, or to have the charity funds duly administered; and it is not necessary that the relators should be the persons principally interested, for any persons (though the most remote of those falling within the scope of the charity) may act in that capacity. The registration of charitable donations is provided for by a statute passed in the 52nd year of the reign of George III. (c. 102), and such registration is now part of the business which by the Local Government Act, 1888, has been transferred to the County Councils established by that Act, and the Clerk of the Peace is made the Clerk of such Council. The protection of charitable endowments is also otherwise secured by a series of statutes passed previously to the present reign, and known as the "Charitable Trusts Acts."
And with regard to all charities it is a rule that the intention of the donor, so far as it is practicable and legal, shall be strictly observed, the law not permitting it to be varied without necessity, even by consent of the heirs. But where such intention is incapable of being literally acted upon, or its literal performance would be unreasonable, a decree will be made for its execution cy-pres, that is in some method conformable to the general object, and adhering as closely as possible to the specific design of the donor. For example, where a sum of money was bequeathed to trustees to be distributed among the inhabitants of several specified parishes in money, provision, physic, or clothes as the trustees should think fit, and the fund ultimately became too large to be suitably confined to those objects, the Court directed it to be applied to the further objects of instructing and apprenticing the children of those parishes to benefit which the charity was designed. On a somewhat similar principle it was enacted by a statute passed in the present reign, known as "Lord Lyndhurst's Act," otherwise the "Dissenters' Chapel Act," that, as to meeting-houses for dissenters where no religious doctrines or modes of worship had been prescribed by the Deed or Instrument of Trust, the usage of the congregation for 25 years should be taken as conclusive evidence of the doctrines and worship which might be properly observed therein.
Lastly, though by Roman law a legacy to pious or charitable uses was entitled to a preference over other bequests in a will, it is not so by out-law, which directs that in the case of a deficiency of assets the charitable legacies shall abate in proportion to the others, but the testator may of course himself give the charitable legacies a priority over all other legacies.