such a name gives an information of the use (y). Notice to a purchaser after the agreement, and before the execution of the conveyance, will, as in other cases, be binding upon him (z).

The words "valuable consideration" in this statute were construed strictly; therefore if a man, having lands given to a charitable use, settled them, in marriage with his daughter, on one who had no notice of the use, the commissioners might decree such gift in marriage to be void, and dispose of it to the charitable use for the advancement of the daughter in marriage was not a valuable consideration within the statute (a).

The consideration was held insufficient to protect a purchaser, if the sale was executory, or for things of show or arbitrary worth, as jewels, &c. or mixed as money and natural affection, or a mere possibility in land, or the payment of the vendor's debts, or portions of his daughters (b).

If a rent-charge be granted out of land to a charitable use, and the land is afterwards sold for valuable consideration of money or land to one that had no notice of the rent, yet the rent remains, for the purchase was of another thing, that was not given to the charitable use (c). A rent-charge settled to a charitable use goes with the land, in whose hands soever it comes, and a distress may be made for the arrears upon the terre-tenant for the time it was in arrear in other hands, and the remedy of the owners is by bill in equity, for contribution against the persons who enjoyed the land before him (d); but it was said that where land or rent is given to a charitable use and misemployed, a purchaser, with notice of the gift, was not to be farther charged than for his own time; but where the rent was concealed, a purchaser shall answer for all the

(y) Duke, 181.

(2) Inhabitants of Woodford v. Parkhurst, Duke, 70 (378). On notice in general see Powell on Mortgages, by Coventry, chap. xiv.; Sugd. V. & P. 2nd vol. 276-302. 9th ed.

(a) Duke, 177 (158).
(b) Duke, 177 (158).

(c) East Greensted's Case, Duke, 64 (638); Hide's Case, Id. 77 (635).

(d) Inhabitants of Woodford v. Parkhurst, Duke, 70 (378).

time of the concealment: for the land is a debtor and passes subject to the charge (e); but, in another case, it is said that the purchaser shall only be liable to the arrears in his own time (f). It is said (g)," the correct distinction seems to be, that where the rent-charge is legal, it must, like every other legal incumbrance, bind the purchaser, although he purchased without notice; but where there is a mere equitable charge, the commissioners shall not make any decree for payment of it against the purchaser, if he purchased without notice."

Where a rent was granted out of lands in several counties for charitable uses in one county, the commissioners appointed for the latter might make a decree to charge the lands in other counties, to pay an equal contribution of the rent, without several inquisitions in each county, because the rent is entire (h). The commissioners are to charge such a rent by the decree, upon all the lands in every county, according to an equal distribution, having regard to the yearly value of all the lands chargeable with the rent; and cannot, by their decree, charge one or two manors with all the rent, and discharge the residue in other counties or places: for such a decree would be contrary to the will of the donors (i); but the commissioners could not convert a rent-seck into a rentcharge, by adding a clause of distress (j). A power of distraining for a rent-seck is now given by stat. 4 Geo. II. c. 28, s. 5.

A purchaser without notice of land which was subject to a rent-charge given to a charity, was relieved from so much of the arrears as had not accrued during the time he had been in possession, and from costs decreed by the commissioners (k).

Where a decree was made by the commissioners in favour of a town, and the defendant possessed some lands, liable to

(e) Hide's Case, Duke, 76. (f) Peacock v. Thewer, Duke, 82 (589); S. C. Toth. 33.

(g) 2 Sugd. V. & P. 182, 9th ed. (h) East Greensted's case, Duke, 64 (635). See Attorney General v.

Jackson, 11 Ves. 365, post.

(i) Duke, 65.

(j) Hide's Case, Duke 77 (636).
(k) Wharton v. Charles, Finch,

R. 81.

the payment of the money decreed, it was held, that the whole might be laid upon any one liable, and that a commission should issue to inquire who were chargeable with the money decreed, in order that the part to be paid by each might be apportioned (k).

If the devisees of a rent charge, or the grantees thereof to a charitable use, purchased part or even the whole of the lands, out of which the rent issued, although at law, the rent charge was extinguished (1); yet, if the commissioners decreed the rent to be revived, and settled it upon others to maintain the charity, the rent was restored (m).

SECTION III.

Of the Commissioners appointed for making Inquiries concerning Charities.

BEFORE entering upon the immediate subject of this section, it may be proper to notice that the legislature has at various times, provided means for ascertaining the amount and application of the numerous charitable donations, which in some form have been given for the benefit of almost every parish in this kingdom.

By 26 Geo. III. c. 58, s. 4, the ministers, churchwardens, and overseers of every parish in England, were required to return on oath an account of all charitable donations which had been given by deed or will for the benefit of poor persons within their respective parishes; distinguishing as far as they were able, by whom, when, and in what manner, and for what purpose given; likewise whether such respective donations were in land or money, and in whom then

(k) Parish of Market Raisen v. Rents, 152. Brownlow, 1 Ch. R. 49.

(1) Litt. s. 222; Co. Litt. 147, b; 1 Roll. Abr. 234. See Gilb. on

(m) East Greensted's Case, Duke, 64 (638).

vested, and what was the annual produce thereof respectively (n).

The committee appointed by the House of Commons (0) to inspect and consider the returns made by the ministers and churchwardens, relative to charitable donations, for the benefit of poor persons, in pursuance of the act 26 Geo. III. c. 58, and to report from time to time their observations thereon to the house, and how far the directions of the said act had, or had not, been complied with, informed the house, that out of 13,000 parishes and townships in England and Wales (from which returns of charitable donations had been required), there were only fourteen that had made no such return.

The committee observed, that upon the face of the said returns, many of the said charitable donations appeared to have been lost; and that many others, from neglect of payment, and the inattention of those persons who ought to have superintended them, were in danger of being lost, or rendered

(n) The questions in the schedule to this act, to which answers were required to be returned, were,

1st. What charitable donations have been given by deed or will for the benefit of poor persons within your parish [or place]; by whom, when, in what manner, and for what particular purpose were they given, to the best of your knowledge, information, and belief?

2nd. Were the said respective donations in land or money; in whom are they now vested, and what is the annual produce thereof respectively, to the best of your knowledge, information, and belief?

By 55 Geo. III. c. 47, written answers were required to be returned by the overseers of every parish to the following (amongst other questions) relative to the

maintenance of the poor and to the highways:-What is the average annual amount or produce of charitable donations (whether arising from land or money) which have been given by deed or will, for the benefit of poor persons within your parish, township, or place, and which are managed or distributed by the minister, churchwardens, and overseers, or any of them; distinguishing such donations as are applicable to the maintenance of parish schools? Is there any hospital, almshouse, school, or other permanent charitable foundation within your parish, township, or place, which is not under the management and control of the minister, churchwardens, and overseers, or any of them?

(0) 6 December, 1787, Commons' Journ. Vol. 43, p. 85.

very difficult to be recovered; and that the matter seemed to be of such magnitude, as to call for the serious and speedy attention of Parliament, to amend and explain the stat. 26 Geo. III. c. 58, by specifying with certainty and precision, the objects to which they might think fit to direct their inquiries, in order to procure full and satisfactory returns, and the establishment of such measures as might be effectual for the relief of the poor persons who were the objects of those donations, and for carrying the charitable and benevolent purposes of the donors into execution (p).

By stat. 52 Geo. III. c. 102, a memorial or statement of the real and, personal estate, and of the annual income, investment, and objects of all charitable donations in England and Wales, then founded or thereafter to be founded, with the names of the founders or benefactors, and of the deeds or wills of endowment, and of the names of the trustees, is directed to be registered in the office of the clerk of the peace, who is to transmit a duplicate to the Enrolment Office of the Court of Chancery (q).

The misappropriation of charitable gifts must have long been a matter of notoriety, it was stated by high legal authority, that abuses existed in the management of charitable endowments. Thus Lord Kenyon said, "Whoever will examine the state of the grammar-schools in different parts of the kingdom, will see to what a lamentable condition most of them are reduced; and would wish, that

(p) Report of Committee of Annual produce of Commons, 1788.

An abstract of the returns of charitable donations made in pursuance of the stat. 26 Geo. III. c. 58, in the years 1786-1788, was ordered by the House of Commons, to be printed, 26th June, 1816, it appears that the amount of the charitable funds, comprised in the returns, was as follows, viz.

money land.

£48,243 10 5

Total. £ 258,710 19 3

(q) See the statute in the Appendix. Copies of memorials or statements of charitable donations delivered to the clerks of the peace in pursuance of stat. 52 Geo. III. c. 102, ordered by the House of Commons to be printed, 27th June, 1815; 25th May, 1829.