cution thereof; and unless such stocks be transferred in the publick books usually kept for the transfer of stocks, six calendar months at least before the death of such donor or grantor (including the days of the transfer and death,) and unless the same be made to take effect in possession for the charitable use intended immediately from the making thereof, and be without any power of revocation reservation (5) trust condition limitation clause or agreement whatsoever, for the benefit of the donor or grantor, or of any person or persons claiming under him. (6)

No. XI.

9 Geo. II.

c. 36.

II. Provided always, That nothing herein before mentioned relating The said lito the sealing and delivering of any deed or deeds twelve calendar months mitations not at least before the death of the grantor, or to the transfer of any stock six to extend to calendar months before the death of the grantor or person making such purchases or transfer, shall extend or be construed to extend to any purchase of any transfers made estate or interest in lands tenements or hereditaments, or any transfer of for valuable any stock to be made really and bona fide for a full and valuable considera- considerations. tion actually paid at or before the making such conveyance or transfer without fraud or collusion. (7)

III. And be it further enacted by the authority aforesaid, That all gifts Gifts, &c. made grants conveyances appointments assurances transfers and settlements otherwise, abwhatsoever, of any lands tenements or other hereditaments, or of any solutely void. estate or interest therein, or of any charge or incumbrance affecting or to affect any lands tenements or hereditaments, or of any stock money goods chattels or other personal estate, or securities for money to be laid out or disposed of in the purchase of any lands tenements or hereditaments or of any estate or interest therein, or of any charge or incumbrance affecting or to affect the same, to or in trust for any charitable uses whatsoever, which shall at any time from and after the said twentyfourth day of June one thousand seven hundred and thirty-six, be made in any other manner or form than by this Act is directed and appointed shall be absolutely and to all intents and purposes null and void. (8)

(5) A conveyance of land subject to a perpetual rent charge to the grantor for charitable purposes, is apparently void, although the rent charge is intended as a full equivalent, without any purpose of bounty on the part of the grantor. On this account it was thought necessary, under the sanction of several opinions of the first eminence, to obtain an Act of Parliament to confirm the title of the Manchester Infirmary. The practice is to make a grant or demise in general terms; and for the grantees to make a subsequent conveyance or declaration of trust.

(6) A grant by deed, executed and enrolled, pursuant to this statute, of lands to trustees and their heirs, to the use of one of them, his heirs and assigns, upon condition that he, his heirs and assigns, should, from time to time, repair a vault and tomb standing upon part of the lands, and, if need be, rebuild it, and permit the same to be used as a family vault for the grantor and any of her family, and, in default thereof, then over to the other trustee his heirs and assigns, is not within this clause. Doe, d. Thomson v. Pitcher, 3 M. and S. 407. vide 2 Mars. 61.

(7) A contract for sale of land to a charity upon which the purchase-money was not paid in the life of the seller, not carried into effect after his death against his heir at the instance of the charity and personal representatives.-Attorney General . Day, 1 Ves. 218.

The owner of land having, at his own expence, built a chapel, which was used for the purpose of public worship, and the congregation having subscribed a sum of money for the purpose of en

larging and improving the same, he, in consideration that the money so subscribed should be expended for that purpose, demised the premises by lease for twenty-three years, reserving a peppercorn rent during his life, and 104. per annum after his death. A declaration of trust was afterwards executed by some of the lessees, declaring that they would hold the premises in trust for the congregation assembling at the chapel, and that in case the public worship should be there discontinued, then that they would assign the premises for civil purposes. Held a conveyance for the benefit of a charitable use, and void under this statute. Also, that neither the sum agreed to be expended on the premises, nor the rent reserved at the death of the lessor, could be considered a full consideration paid for the lease, so as to bring the case within the 2d section. And also, that the declaration of trust, although executed only by some out of the several lessees, was evidence against all of the purpose for which the lease was granted. Doe d. Welland, v. Hawthorn, 2 B. and A. 96.

(8) A devisee in general terms may be compelled to answer whether the devise was made upon a secret trust or promise to apply the property to charitable uses; in which case the statute attaches. See Strickland v. Aldridge, 9 Vesey, 516, and the authorities there cited; but if there is a will in itself valid, and a subsequent unattested paper not communicated to the devisee, indicating the purpose of the testator to devote the land to charitable purposes, the devisee may object that the estate was devised by a will well

No. XI.

9 Geo. II. c. 36.

But not to prejudice the two Universities, or the Colleges of Eton Winchester or Westminster.

No College to

hold more Advowsons than shall be equal to one moiety of their Fellows, &c.

This Act not to extend to estates in Scotland.

IV. Provided always, That this Act shall not extend, or be construed to extend, to make void the dispositions of any lands tenements or hereditaments, or of any personal estate to be laid out in the purchase of any lands tenements or hereditaments, which shall be made in any other manner or form than by this Act is directed to or in trust for either of the two Universities wi hin that part of Great Britain called England, or any of the colleges or houses of learning within either of the said Universities, or to or in trust for the colleges of Eton Winchester or Westminster or any or ei her of them, for the better support and maintenance of the scholars only upon the foundations of the said colleges of Eton Winchester and Westminster. (9)

V. Provided nevertheless, and be it enacted by the authority aforesaid, That no such college or house of learning which doth or shall hold or enjoy so many advowsons of ecclesiastical benefices as are or shall be equal in number to one moiety of the fellows, or persons usually styled or reputed as fellows, or where there are or shall be no fellows or persons usually styled or reputed as fellows to one moiety of the students upon the foundation, whereof any such college or house of learning doth or may by the present constitution of such college or house of learning consist, shall from and after the twenty-fourth day of June one thousand seven hundred and thirty-six, be capable of purchasing acquiring receiving taking holding or enjoying any other advowsons of ecclesiastical benefices by any means whatsoever; the advowsons of such ecclesiastical benefices as are annexed to or given for the benefit or better support of the headships of any of the said colleges or houses of learning not being computed in the number of advowsons hereby limited. (10)

VI. Provided always, That nothing in this Act contained shall extend or be construed to extend, to the disposition grant or settlement of any estate, real or personal, lying or being within that part of Great Britain called Scotland. (11)

executed; and that the subsequent paper was not well executed. See Adlington v. Cann, 3 Ath. 141. It is settled that a court of equity will not marshal assets so as to give a charitable legacy a preference in the application of the personal estates, and throw a greater burthen on the real estate in respect of debts and other legacies.Makeham v. Hooper, 4 Bro. Ch. 153, and the several cases there cited. As to the manner of apportioning the respective funds, see the Attorney General v. the Earl of Winchelsea, 3 Bio. Ch. 373. Howse v. Chapman, 4 Vesey, 542. Paice v. Archbishop of Cant. 14 Ves. 364.

In Arnold v. Chapman, 1 Vesey, 108, upon a devise to J. S. he paying the testator's executors 1000l. and the residue of the personal estate to a charity, it was ruled that the legacy was intended as part of the charitable fund, and being void, enured for the benefit of the heir at Law. Grosvenor v. Hallam, cited one Bro. Ch. 61. Devise subject to a rent upon trust to sell and pay the money as directed, the rent being for charitable purposes, belongs to the heir at law, and not to the legatee of the money. See this case, Ambl. 643.

In Jackson v. Hurlock, Ambler 487, upon a devise to S. M. subject to charitable legacies, ruled that the legacies sunk for the benefit of the devisee. So Wright v. Row, 1 Bro. Ch. 61. A void charitable legacy of personalty or real estate, converted out and out into personalty, falls into the general residue. Durour v. Motteux, I Ves. 321. So in case of a bequest of leasehold premises. Stanley v. Barker, 4 Vesey, 732, but upon a trust to sell and pay the purchase money, or a particular part thereof, to a charity, the heir

is entitled to the amount given to the charity. See Ackroyd v. Smithson, 1 Bro. Ch. 503. Gibbs v. Ramsey, 2 V. and B. 294. As to funds provided for charity legacies being applied to make good a deficiency of assets for other legacies. See Currie v. Pie, 17 Vesey, 462.

(9) In the case of Christ's College, Cambridge, 1 Bl. 90, it was ruled that a devise to certain officers of the college to maintain certain students there, and for other charitable purposes, was good, as relating to the students of the college; but void so far as the college were appointed trustees for other charitable purposes. By Stat. 51 Geo. III. c. 105, dispositions in favour of the Royal Naval Asylum are excepted out of this Act. There is also an exception by stat. 12 Geo. II. c. 31. in favour of Bath Hospital; and probably there may be other instances of a similar nature.

In Middleton ». Cater, 4 Bro. Ch. 409, it seems to be taken for granted, that a custom for the freemen of London to devise in mortmain would be good, notwithstanding the statute; but it was decided that the custom extends only to land in London.

(10) Ruled that a devise of land to University College to buy livings was good, although they had already the limited number, as the devise might be performed by the exchange of advowsons. Attorney General v. Green, 2 Bro. Ch. 492.This Section is repealed by 45 Geo. III. c. 101. See the next number.

(11) Devise of money to be held out in land in Scotland for charitable purposes, good. Oliphant v. Hendrie, Bro. Ch. 571. Mackintosh v. Townsend, 16 Vesey. "0.

c. 107.

[ No. XII. ] 43 George III. c. 107.-An Act for effec- No. XII. tuating certain Parts of an Act, passed in the second 43 Geo. III. and third Years of the Reign of her late Majesty Queen ANNE, intituled An Act for the making more Effectual her Majesty's gracious Intentions for the Augmentation of the Maintenance of the Poor Clergy, by enabling her Majesty to grant in Perpetuity the Revenues of the First Fruits and Tenths; and also for enabling any other Persons to make Grants for the same Purpose, so far as the same relate to Deeds and Wills made for granting and bequeathing Lands Tenements Hereditaments Goods and Chattels, to the Governors of the Bounty of Queen ANNE, for the Purposes in the said Act mentioned, and for enlarging the Powers of the said Governors.-[27th July 1808.]

[Inserted ante Part 1. Class II. No. 29.]

[ No. XIII. ] 45 George III. c. 101.-An Act to repeal so much of an Act, passed in the Ninth Year of the Reign of his late Majesty King GEORGE the Second, intituled An Act to restrain the Disposition of Lands, whereby the same become unalienable, as restrains Colleges within the two Universities of Oxford and Cambridge from purchasing or holding Advowsons, except as therein is provided.-[10th July, 1805.]

[Inserted ante Part I. Class II. No. 33.]

[No. XIV. ] 52 George III. c. 101.-An Act to provide a summary Remedy in Cases of Abuses of Trusts created `for Charitable Purposes.-[9th July, 1812.]

In cases of
Breach of
Trust, Petition
presented to

WHEREAS it is expedient to provide a more summary remedy in 52 G. III. cases of breaches of trust created for charitable purposes, as well as c. 101. for the just and upright administration of the same;' Be it therefore enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled, and by the authority of the same, That from and after the passing of this Act, in every case of a breach of any Chancellor, trust or supposed breach of any trust created for charitable purposes, or &c. who shall whenever the direction or order of a Court of Equity shall be deemed hear the same necessary for the adininistration of any trust for charitable purposes, it in a summary shall be lawful for any two or more persons to present a petition to the way, and to Lord Chancellor Lord Keeper or Lords Commissioners for the custody make order of the Great Seal, or Master of the Rolls for the time being, or to the therein. 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; and such order shall be final and conclusive, unless the party Appeal to or parties who shall think himself or themselves aggrieved thereby shall House of Lords.

No. XIV.

52 Geo. III. c. 101.

Petitions signed and certified,

&c.

Proceedings not liable to Stamp Duty.

within two years from the time when such order shall have been passed and entered by the proper officer, have preferred an appeal from such decision to the House of Lords, to whom it is hereby enacted and declared, that an appeal shall lie from such order. (1)

II. Provided always, and be it further enacted, 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.

III. And be it further enacted, That neither the petition, nor any proceedings upon the same or relative thereto, nor the copies of any such petitions or proceedings, shall be subject or liable to the payment of any stamp duty whatever."

(1) The trustees of a charity not appearing to the petition, an order was made that they should shew cause why the court should not

52 G. III.

c. 102. Memorial of

make the order prayed, or such other order as to the court should seem meet. Exparte Peagears, 1 V. and B. 496.

[ No. XV. ] 52 George III. c. 102.-An Act for the registering and securing Charitable Donations.-[9th July 1812.]

WHEREAS charitable donations have been given for the benefit of poor and other persons in England and Wales to a very considera'ble amount, and many of the aforesaid donations appear to have been Deeds, &c. re- 'lost, and others from the neglect of payment and the inattention of specting Chari-those persons who ought to superintend them are in danger of being table Donations lost or rendered very difficult to be preserved;' Be it therefore enacted already founded by the King's most excellent Majesty, by and with the advice and conregistered. sent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled, and by the authority of the same, That a memorial or statement of the real and personal estate, and of the gross annual income investment and the general and particular objects of all and every charity and charities and charitable donations, for the benefit of any poor or other persons in any place in England and Wales, which shall have been founded established made benefited increased or secured, together with the names of the respective founders of or benefactors thereto, where known, and also of the person or persons in whose custody possession or controul the deeds wills and other instruments whereby such charities or charitable donations shall have been founded established made benefited increased or secured may be, and also of the names of the then trustee or trustees feoffee or feoffees possessor or possessors of such real or personal estate, shall from and after six calendar months after the passing of this Act, be registered by such person or persons who shall then be the trustee or trustees feoffee or feoffees possessor or possessors thereof, or some or one of such persons, in manner and in the form contained in the schedule to this Act annexed, in the office of the clerk of the peace of the county, or city or town being a county of itself, within which such poor or other persons shall be; and such memorial or statement shall be signed by such person or persons causing the same to be registered and left in the said office of such clerk of the peace, who shall forthwith transmit a duplicate or copy of the same unto the enrolment office of the High Court of Chancery.

The like of Charitable Donations here

after founded.

II. And be it further enacted, That wherever any such charity or charitable donations shall be founded established made or benefited, increased or secured, by any deed will or other instrument hereafter to be made or executed by any person or persons, that then a like memorial or statement, according to the directions hereinbefore contained, shall be registered and left and transmitted as aforesaid, by such person or persons as are hereinbefore mentioned, within twelve months after the

decease of such person or persons by whom any such will deed or deeds No. XV. or other instrument shall have been made or executed.

c. 102.

III. And be it further enacted, That for the purpose of such registries 52 Geo. III. of such memorials or statements, the clerk of the peace for the time being of each and every county, or city or town being a county of itself,

or riding within England and Wales, shall as there shall be occasion Clerks of the provide proper books of parchment or vellum wherein such registers shall Peace to probe made and entered; and every such original memorial or statement, vide proper and every such book provided as aforesaid, shall be carefully kept and Books, wherein preserved for publick use and inspection in the office to which it shall Registries made." belong, together with a correct index to be made from time to time by such clerk of the peace of such charities and charitable donations, distinguishing each by the name of the original or first donor or founder thereof, where known, or the appellation or title most generally used for such charity or charitable donations.

IV. And be it further enacted, That in case the persons to be benefited by any such charity or charitable donations as aforesaid, shall not be wholly within any one county, then and in such case, such clerk of the peace of the county where any such charity or charitable donation shall be registered, shall forthwith notify in the London Gazette the name or title thereof according to the appellation or title used in the index aforesaid, and the names of the several places wherein the objects of such charity or charitable donations shall be, and the particular or general objects thereof, and also the name of the county wherein such memorial or statement shall have been registered.

Notice given in

London Gazette if Persons benefited shall not be wholly within one county.

V. And be it further enacted, That if any such charity or charitable If Donation not donation shall not be duly memorialized stated and registered according registered Petito the provisions of this Act, it shall and may be lawful for any two per- tion presented sons or more interested in such charity or charitable donation, to present to Lord Chana petition to the Lord Chancellor Lord Keeper or Lords Commissioners cellor, &c. for the custody of the Great Seal, or Master of the Rolls for the time being, or the Court of Exchequer, complaining thereof; 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 application and proceedings as to him or them shall seem fit, and which order shall be final and conclusive.

VI. Provided always, and be it further enacted, That no proceedings Proceedings not under the provisions hereinbefore mentioned, shall extend or be con- to decide right strued to extend to decide any right or title as to the property that shall or title. be so registered, or as to the persons who shall be entitled or claim to be entitled to the benefit thereof or any interest therein. VII. And be it further enacted, That all and every clerk of the peace Clerk of Peace of the several counties and ridings in England and Wales, shall as often to make searchas required make searches concerning all memorials and statements directed by this Act to be entered in his or their office as aforesaid, and shall also give copies of the same under his hand, if required by any per- gisters. son whatsoever, who shall tender or be willing to pay him the sum or sums hereinafter directed to be allowed to him for such copies of such memorials or statements as aforesaid.

es, and give Copies of Re

VIII. And be it further enacted, That every such clerk of the peace Allowance to shail be allowed for the registering every such memorial or statement as Clerk of the is by this Act directed, the sum of four shillings and no more, in case the Peace; same do not exceed four hundred words, but if such memorial or statement shall exceed four hundred words, then after the rate and proportion of one shilling an hundred for all the words contained in such entry, and the like fees for the like number of words contained in every copy of any

entry given out of the said register, and no more; and for every notifica- and to Person tion in the London Gazette the costs of such notification, and the further inserting notifisum of ten shillings for drawing and inserting the same, and transmitting cation in Gathe duplicate or copy hereinbefore mentioned unto the enrolment office zette. of the High Court of Chancery, and no more.