disposing of any sum or sums of money so given or to be given, as aforesaid, within any town or parish not corporate, shall after the end of this present session of parliament, once every year in the Easter week, or within one month next after Easter day, make a true and perfect account before four, three, or two justices of the peace dwelling in or next to every of the said towns or parishes, of all such sum and sums of money as they or any of them have employed in binding of apprentices, by virtue of this act, and of all bonds and obligations taken for the payment thereof; and also of all such sums of money as then shall happen to be remaining in their hands not employed; and also shall at the making and yielding up of the said account, or within ten days then next following, yield and deliver up unto such as shall happen next to succeed them, or then to be in the said rooms and places, all such obligations and bonds as by them or any of them have been before that time taken to the uses aforesaid; as also all sums of money remaining in their or any of their hands, to be employed as aforesaid, and not employed at the time of the yielding up of the said account. 7 Jac. c. 3. where any the trust, or offence. VII. And further, be it enacted by the authority aforesaid, A remedy that if any of the parties appointed and trusted by this act partytrusted to have the disposing and employment of any of the said sums shall break of money so given or to be given as aforesaid, shall in any commit any point or degree break the trust and confidence in them in this behalf reposed, or shall commit any other misdemeanor or offence in misemploying of the said sums of money, or any part thereof, or in doing any other act or acts contrary to their duties, and the true intent and meaning of this act, for which there is not by this act any penalty given or appointed, then it shall and may be lawful for any person or persons whatsoever, in the behalf of the poor of such city, borough, or parish, to exhibit his petition to the lord chancellor or lord keeper of the great seal of England, for the time being, touching the same which lord chancellor, or lord keeper of the great seal of England, for the time being, shall thereupon have full power and authority to award a commission out of the high court of chancery, under the great seal of England, to such and so many persons as his lordship shall think meet to inquire, hear, and determine the said offences, and every of them and if the said commissioners, or the most part of them, shall find that any sum or sums of money so given or to be given, are lost, impaired, wasted, or diminished, then they, or the most part of them, shall likewise have power, by virtue of this act and of their said commission, to rate, raise, and collect the said sum of money so lost, impaired, wasted, or diminished, upon such person or persons in places not incorporate, as by this act are appointed to have the guiding : 7 Jac. c. 3. and ordering of the said monies, if they or any of them have failed in their said duties in that behalf, or otherwise upon the able inhabitants of such city, town, or parish where the same shall so happen, as in the discretion of the said commissioners, or the greatest part of them, shall be thought fittest, and to return the said commission, and the manner of the execution thereof, into the said high court of chancery, within three months next after the execution thereof; and if any person or persons shall find himself grieved by any thing for any party done by the said commissioners, then upon complaint thereof grieved by the commis- made in the high court of chancery, the said lord chancellor or lord keeper for the time being, shall have full power and authority to order and decree the same, as to his lordship shall be thought most fit to stand with equity and good con- . science. A remedy sioners. 22 & 23 Charles 11. c. 20, s. 11. The chief others di rected to charities Benefit of poor prison ers. INQUIRY AS TO CHARITIES FOR THE BENEFIT OF POOR PRI- It is enacted, that the two lord chief justices of the king's bench and common pleas, and the lord chief baron and justices and justices of the peace, in their several jurisdictions, and all commissioners for charitable uses, do use their best endeavours inquire into and diligence to examine and find out the several legacies, given for the gifts, and bequests bestowed and given for the benefit and advantage of the poor prisoners for debt in the several gaols and prisons in this kingdom, and to send for any deeds, wills, writings, and books of accounts whatsoever, and any person or persons concerned therein, and to examine them upon oath, and to make true discovery thereof, (which they have full power and authority hereby to do) and the same so found and ascertained, to order and settle in some manner and way, that the prisoners hereafter may not be defrauded, but receive the full benefit thereof according to the true intent of the donors (1). 7 & 8 Will. 111. c. 37. 7 & 8 WILLIAM III. c. 37, A. D. 1696. An Act for the encouragement of Charitable Gifts and (1) See 53 Geo. III. c. 113. 'An act for providing relief for the poor prisoners confined in the King's Bench, Fleet, and Marshal sea prisons.' (m) The provisions of this act will be found ante, pp. 39, 40. STATUTE RESTRAINING GIFTS TO CHARITABLE USES, 9 GEORGE II. c. 36, A. D. 1736. An Act to restrain the Dispositions of Lands, whereby the same become unalienable (n). c. 36. Preamble. June, 1736, nor sums of uses, WHEREAS gifts or alienations of lands, tenements, or here- 9 Geo. II. ditaments, in mortmain, are prohibited or restrained by magna charta, and divers other wholesome laws, as prejudicial to and against the common utility; nevertheless, this public mischief has of late greatly increased, by many large and improvident alienations or dispositions made by languishing or dying persons, or by other persons, to uses called charitable uses, to take place after their deaths, to the disherison of their lawful heirs; for remedy whereof, be it 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 twenty-fourth day of June, After 24 which shall be in the year of our Lord one thousand seven no manors, hundred and thirty-six, no manors, lands, tenements, rents, lands, &c. advowsons, or other hereditaments, corporeal or incorpo- money, real (o), whatsoever, nor any sum or sums of money, goods, goods, &c. to "be given for chattels, stocks in the public funds, securities for money, or charitable any other personal estate whatsoever, to be laid out or disposed of in the purchase of any lands, tenements, or hereditaments, shall be given, granted, aliened, limited, released, transferred, assigned, or appointed, or any ways conveyed or settled to or upon any person or persons, bodies politic or corporate, or otherwise, for any estate or interest whatsoever, or any ways charged or incumbered by any person or persons whatsoever, in trust, or for the benefit of any charitable uses whatsoever, unless such gift, conveyance, appointment, or settlement of any such lands, tenements, or hereditaments, sum or sums of money, or personal estate (other than stocks in the public unless by funds), be, and be made by deed indented, sealed, and deli- deed indentvered in the presence of two or more credible witnesses, cuted before twelve calendar months at least before the death of such donor or grantor (including the days of the execution and months bedeath) and be enrolled in his majesty's high court of chan- death of the cery within six calendar months next after the execution donor, and thereof (p); and unless such stocks be transferred in the public 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 (n) See ante, pp. 117-122. (0) See ante, pp. 123, 124. (p) See ante, pp. 129–131. ed and exe two wit nesses, 12 fore the inrolled, &c. c. 36. 9 Geo. II. 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 (q), trust, condition, limitation, clause, or agreement whatsoever, for the benefit of the donor or grantor, or of any person or persons claiming under him. The said limitations not to ex II. Provided always, that nothing herein before mentioned relating to the sealing and delivery of any deed or deeds tend to pur- twelve calendar months at least before the death of the chases or transfers made for valuable considerations. Gifts, &c. made after 21 June. 1736, other wise than this act, to ly void. grantor, or to the transfer of any stock six calendar months before the death of the grantor, or person making such transfer, shall extend, or be construed to extend, to any purchase of any estate or interest in lands, tenements, or hereditaments, or any transfer of any stock to be made really and bona fide for a full and valuable consideration actually paid at or before the making such conveyance or transfer, without fraud or collusion (r). III. And be it further enacted by the authority aforesaid, that all gifts, grants, conveyances, appointments, assurances, transfers, and settlements whatsoever, of any lands, tenedirected by ments, or other hereditaments, or of any estate or interest be absolute- therein, or of any charge or incumbrance affecting or to affect any lands, tenements, or hereditaments (s), 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 (t), to or in trust for any charitable uses whatsoever, which shall at any time, from and after the said twenty-fourth 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. But not to prejudice the colleges or Westminster. IV. Provided always, that this act shall not extend, or be the two uni- construed to extend, to make void the dispositions of any versities, or lands, tenements, or hereditaments, or of any personal estate of Eton, to be laid out in the purchase of any lands, tenements, or Winchester, 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 within 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 either of them, for the better support and maintenance of the scholars only upon the foundations of the said colleges of Eton, Winchester, and Westminster (u). (q) See ante, pp. 124-129. Geo. IV. c. 85, post. (s) See ante, pp. 154-168. c. 36. to hold more equal to one their fellows, &c. V. Provided nevertheless, and be it enacted by the autho- 9 Geo. II. rity aforesaid, that no such college or house of learning, which doth or shall hold or enjoy so many advowsons of ecclesiasti- No college cal benefices, as are or shall be equal in number to one moiety advowsons of the fellows or persons usually styled or reputed as fel- than shall be lows, or, where there are or shall be no fellows, or persons moiety of 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 (v). to extend to VI. Provided always, that nothing in this act contained This act not shall extend, or be construed to extend, to the disposition, Scotland. grant, or settlement of any estate, real or personal, lying or being within that part of Great Britain called Scotland (w). LYING-IN HOSPITALS, 13 GEORGE III. c. 82, A.D. 1773. An Act for the better regulation of Lying-in Hospitals, and other places appropriated for the charitable reception of pregnant Women; and also to provide for the Settlement of bastard Children born in such Hospitals and places. c. 82. Preamble. I. WHEREAS, through the humane and benevolent assist- 13 Geo. III. ance of well-disposed persons, many hospitals and places have been established for the charitable reception of pregnant women, which have afforded great relief in times of the utmost distress, and therefore merit every due support and encouragement; but some inconveniences having been found to arise from the number of bastard children born in such hospitals and places, which have become heavy burdens, and have occasioned unreasonable charges upon those parishes wherein such hospitals and places have been instituted, to their great and unjust oppression and whereas it would tend, as well to promote the interest of such hospitals and (v) See 45 Geo. III. c. 101, post. (w) See ante, pp. 122, 166-168, 172, 257-266. |