c. 58. 5 GEORGE IV. c. 58, 9th June, 1824. the 5 Geo. IV. An Act to continue for Four Years, and from thence until the end of the then next Session of Parliament, Powers of the Commissioners for inquiring concerning Charities in England and Wales (i). 9 Geo. IV. c. 85. c. 36. ACT FOR REMEDYING DEFECTS IN ASSURANCES TO CHARItable Uses, 9 George IV. c. 85, 25th July, 1828. An Act for remedying a Defect in the Titles of Lands purchased for Charitable Purposes. WHEREAS by an act passed in the ninth year of the reign of his late majesty King George the Second, and intituled 9 Geo. II. An Act to restrain the Disposition of Lands whereby the same become unalienable, it was amongst other things enacted, that after the twenty-fourth day of June, one thousand seven hundred and thirty-six, no manors, lands, tenements, rents, advowsons, or other hereditaments, corporeal or incorporeal, whatsoever, should be given, granted, aliened, limited, released, transferred, assigned, or appointed, or anyways conveyed or settled to or upon any person or persons, bodies politic or corporate, or otherwise, for any estate or interest whatsoever, or anyways 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, were made by deed indented, sealed and delivered in the presence of two or more credible witnesses, twelve calendar months at the least before the death of such donor or grantor (including the days of the execution and death) and were enrolled in his majesty's high court of chancery within six calendar months next after the execution thereof, and unless the same were made to take effect in possession, for the charitable use intended, immediately from the making thereof, and were without any power of revocation, reservation, trust, condition, limitation, clause, or agreement whatsoever, for the benefit of the donor or grantor, or of any person or persons claiming under him; but it was thereby provided, that nothing thereinbefore mentioned, relating to the sealing and delivery of any deed or deeds twelve calendar months at least before the death of the grantor, should extend or be construed to extend to any purchase of any estate or interest in lands, (4) Ante, p. 309. e. 85. tenements, or hereditaments, to be made really and bond fide 9 Geo. IV. for a full and valuable consideration actually paid at or before the making such conveyance, without fraud or collusion; and it was thereby enacted, that all gifts, grants, appointments, assurances, transfers, and settlements whatsoever, of any lands, tenements, or other hereditaments, or of any estate or interest therein, or of any charge or incumbrance affecting or to affect any lands, tenements, or hereditaments, to or in trust for any charitable uses whatsoever, which should at any time 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 the said act was directed and appointed, should be absolutely, and to all intents and purposes, null and void: and whereas the said provision contained in the said recited act, in relation to the purchase of any estate or interest in lands, tenements, or hereditaments, for a full and valuable consideration, was only intended to prevent such purchases from being avoided by reason of the death of the grantor within twelve calendar months after the sealing and delivery of the deed or deeds relating thereto (j): and whereas it has notwithstanding been generally apprehended, that the said last mentioned provision was intended wholly to exempt such purchases from the operation of the said act, and in consequence thereof the formalities by the said act prescribed, in relation to the conveyance of hereditaments to charitable uses, have in divers instances been omitted on purchases for a full and valuable consideration, and by reason of such omission the title to such hereditaments may be considered defective and whereas it is expedient that provision should be made for remedying such defect in manner hereinafter mentioned: may it therefore please your majesty that it may be enacted, and 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 where any lands, tene- Deeds relatments, or hereditaments, or any estate or interest therein, ing to purhave or has been purchased for a full and valuable considera- lands for tion, in trust or for the benefit of any charitable uses what- purposes to soever, and such full and valuable consideration has been be valid, although the actually paid for the same, every deed or other assurance formalities already made for the purpose of conveying or assuring such prescribed lands, tenements, or hereditaments, estate or interest as afore- cited act said, in trust or for the benefit of such charitable uses (if been duly made to take effect in possession, for the charitable use in- performed. tended, immediately from the making thereof, and without any power of revocation, reservation, trust, condition, limitation, clause, or agreement whatsoever, for the benefit of the (j) Ante, pp. 119, 131–137. chase of charitable by the re have not c. 85. 9 Geo. IV. grantor, or of any person or persons claiming under him,) shall be as good and valid, and of the same effect, both for establishing derivative titles, and in all other respects, as if the several formalities by the said act prescribed had been duly observed and performed. Act not to extend to deeds suits at law. II. Provided always, and be it further enacted, that nothing in this act contained shall extend to give effect to any avoided by deed or other assurance heretofore made, so far as the same has been already avoided by suit at law or in equity, or by any other legal or equitable means whatsoever, or to affect or prejudice any suit at law or in equity actually commenced for avoiding any such deed or other assurance, or for defeating the charitable uses in trust or for the benefit of which such deed or other assurance may have been made. Not to dispense with III. Provided also, and be it further enacted, that nothing prescribed herein contained shall be construed to dispense with any of formalities. the said several formalities prescribed by the said recited act, in relation to any deed or other assurance which shall be made after the passing of this present act. c. 57, 10 GEORGE IV. c. 57, 19th June, 1829. 10 Geo. IV. An Act to continue until the First Day of July, 1830, the Powers of the Commissioners for inquiring concerning Charities in England and Wales (k). IV. c. 34. 1 & 2 WILLIAM IV. c. 34, 15th October, 1831. 1 & 2 Will. An Act for appointing Commissioners to continue the Inquiries concerning Charities in England and Wales for Two Years, and from thence to the end of the then next Session of Parliament (1). 1&2 Will. IV. c. 45. AUGMENTATION OF SMALL LIVINGS, 1 & 2 WILLIAM IV. c. 45, 15th October, 1831. An Act to extend the Provisions of an Act passed in the WHEREAS by an act passed in the twenty-ninth year of (1) Ante, pp. 309, 310, the reign of his late majesty King Charles the Second, intituled An Act for confirming and perpetuating Augmentations made by Ecclesiastical Persons to small Vicarages and Curacies, it was amongst other things enacted, that all and every augmentation, of what nature soever, granted, reserved, or agreed to be made payable, or intended to be granted, reserved, or made payable, since the first day of June, in the twelfth year of his said majesty's reign, or which should at any time thereafter be granted, reserved, or made payable to any vicar or curate, or reserved by way of increase of rent to the lessors, but intended to be to or for the use or benefit of any vicar or curate, by any archbishop, bishop, dean, provost, dean and chapter, archdeacon, prebendary, or other ecclesiastical corporation, person or persons whatsoever, so making the said reservation out of any rectory impropriate or portion of tithes belonging to any archbishop, bishop, dean, provost, dean and chapter, or other ecclesiastical corporation, person or persons, should be deemed and adjudged to continue, and be and should for ever thereafter continue and remain, as well during the continuance of the estate or term upon which the said augmentations were granted, reserved, or agreed to be made payable, as afterwards, in whose hands soever the said rectories or portion of tithes should be or come, which rectories or portions of tithes should be chargeable therewith, whether the same should be reserved again or not; and the said vicars and curates respectively were thereby adjudged to be in the actual possession thereof for the use of themselves and their successors, and the same should for ever thereafter be taken, received and enjoyed by the said vicars and curates, and their successors, as well during the continuance of the term or estate upon which the said augmentations were granted, reserved, or agreed to be made payable, as afterwards; and the said vicars and curates should have remedy for the same, either by distress upon the rectories impropriate or portions of tithes charged therewith, or by action of debt against that person who ought to have paid the same, his executors or administrators, any disability in the person or persons, bodies politic or corporate so granting, or any disability or incapacity in the vicars or curates to whom or to or for whose use or benefit the same were granted or intended to be granted, the statute of mortmain, or any other law, custom, or other matter or thing whatsoever, to the contrary notwithstanding (n); provided always, that no future augmentation should be confirmed by virtue of the said act which should exceed one moiety of the clear yearly value (n) 29 Car. II. c. 8, s. 2. 1&2 Will. IV. e. 45. 29 Car. II. c. 8. 1&2 Will. IV. c. 45. above all reprises of the rectory impropriate out of which the same should be granted or reserved (o); and it was thereby also enacted, that if any question should thereafter arise concerning the validity of such grants, or any other matter or thing in that act mentioned and contained, such favourable constructions, and such remedy, if need be, should be had and made for the benefit of the vicars and curates as theretofore had been had and made or might be had for other charitable uses upon the statutes for charitable uses (p): and whereas it is expedient that the powers and provisions of the said act should be amended and enlarged; 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 assemProvision in bled, and by the authority of the same, that the said recited limiting any provision by which the amount of any augmentation is reaugmenta- stricted and limited to one moiety of the clear yearly value pealed. above all reprises of the rectory impropriate out of which the same should be granted and reserved, shall, so far as relates to any augmentation which may be granted after the passing of this act, be and the same is hereby repealed. recited act tion re Explaining doubts as to portion of tithes, &c. Recited act to extend to tions by col augmenta leges and hospitals. II. And whereas doubts may arise by reason of the mention of portion of tithes in the said recited act; be it enacted, that the provisions of the said recited act shall extend to any augmentation to be made out of tithes, although the same may not be a portion of tithes; and further, that it shall be lawful, under the power given by the said recited act, to grant, reserve, or make payable any such augmentation as aforesaid to the incumbent of any church or chapel within the parish or place in which the rectory impropriate shall lie, or in which the tithes or portion of tithes shall arise (as the case may be), whether such incumbent shall be a vicar or curate, or otherwise provided also, that no such augmentation shall be made payable to any other person whomsoever. III. And be it further enacted, that in every case in which any augmentation shall at any time hereafter be granted, reserved, or made payable to the incumbent of any church or chapel, or reserved by way of increase of rent to the lessors, but intended to be to or for the use or benefit of any incumbent, by the master and fellows of any college, or the master or guardian of any hospital so making the said grant or reservation out of any rectory impropriate, or tithes, or portion of tithes, belonging to the master and fellows of such college, or the master or guardian of such hospital, all the provisions herein before recited and set forth, except the pro (0) 29 Car. II. c. 8, s. 3. (p) Id. s. 7; see ante, pp. 245-247, 514-517. |