Free School, which have special Visitors (2) or Governors, or Overseers appointed them by their Founders. No. 9. 43 Eliz c. 4. Ordinary's Juris IV. Provided also, and be it enacted by the Authority aforesaid, That neither this Act nor any Thing therein contained, shall be any diction. way prejudicial or hurtful to the Jurisdiction or Power of the Ordinary, but that he may lawfully in every Cause execute and perform the same as though this Act had never been had or made. None shall be V. Provided also, and be it enacted, That no Person or Persons that hath or shall have any of the said Lands, Tenements, dents, Commissioner or Annuities, Profits, Hereditaments, Goods, Chattels, Money or Stocks Juror which hath of Money in his Hands or Possession, or doth or shall pretend Title Part of the thereunto, shall be named a Commissioner or a Juror for any the in Question. Causes aforesaid, or being named shall execute or serve in the same. Lands or Goods Purchasers of the VI. And provided also, That no Person or Persons which hath purchased or obtained, or shall purchase or obtain, upon valuable Con- Lands bona fide. sideration of Money or Land, any Estate or Interest of, in, to or out of any Lands, Tenements, Rents, Annuities, Hereditaments, Goods or Chattels, that have been or shall be given, limited or appointed to any the charitable Uses above mentioned, without Fraud or Covin, having no Notice of the same charitable Use, shall not be impeached by any Decrees or Orders of the Commissioners above mentioned, for or concerning the same his Estate or Interest: And yet nevertheless, Be it Recompence by enacted, That the said Commissioners, or any four or more of them, those which break shall and may make Decrees and Orders for Recompence to be made the Trust. by any Person or Persons who being put in Trust, or having Notice of the charitable Uses above-mentioned, hath or shall break the same Trust, or defraud the same Uses, by any Conveyance, Gift, Grant, Lease, Demise, Release or Conversion whatsoever, and against the Heirs, Executors and Administrators of him, them or any of them, having Assets in Law or Equity, so far as the same Assets will extend. Edward VI. Queen VII. Provided always, That this Act shall not extend to give Land assured to Power or Authority to any Commissioners before mentioned, to make King Henry VIII. any Orders, Judgments or Decrees, for or concerning any Manors, Mary and Queen Lands, Tenements, or other Heredi aments assured, conveyed, granted Elizabeth. or come unto the Queen's Majesty, to the late King HENRY the Eighth, King EDWARD the Sixth, or Queen MARY by Act of Parlia ment, Surrender, Exchange, Relinquishment, Escheat, Attainder, Conveyance or otherwise: And yet, nevertheless, Be it enacted, That if any such Manors, Lands, Tenements, or Hereditaments, or any of them, or any Estate, Rent or Profit thereof, or out of the same or any Part thereof, have or hath been given, granted, limited, appointed or assigned to or for any the charitable Uses before expressed, at any Time sithence the Beginning of her Majesty's Reign; That then the said Commissioners, or any four or more of them, shall and may, as concerning the same Lands, Tenements, Hereditaments, Estate, Rent or Profit so giveu, limited, appointed or assigned, proceed to enquire, and to make Orders, Judgments and Decrees, according to the Purport and Meaning of this Act, as before is mentioned; the said last mentioned Proviso notwithstanding. Vill. And be it further enacted, That all Orders, Judgments, Certifying of the and Decrees of the said Commissioners, or of any four or more of Orders. them, shall be certified under the Seals of the said Commissioners, or any four or more of them, either into the Court of the Chancery of England, or into the Court of the Chancery within the County Palatine of Lancaster, as the Case shall require respectively, according (2) As to the Exposition of this Clause, see the Case of Kirkby Ravensworth, 8 East, 221-15 Vesey, 305, and the Cases there cited. No. 9. 43 Eliz. c. 4. Order for the Exe mission ers' to their several Jurisdictions, within such convenient Time as shall be limited in the said Commissions. IX. And that the said Lord Chancellor or Lord Keeper and the cution of the Com, said Chancellor of the Duchy, shall and may within their said several De- Jurisdictions, take such Order for the due Execution of all or any of the said Judgments, Decrees and Orders, as to either of them shall seem fit and convenient. erce. Cro. Car. 40. Person grieved by ers' Decree. X. And that if after any such Certificate or Certificates made, any Person or Persons shall find themselves grieved with any of the A Remedy for any said Orders, Judgments or Decrees, That then it shall and may be the Commission lawful to and for them or any of them, to complain in that Behalf unto the said Lord Chancellor or Lord Keeper, or to the Chancellor of the said Duchy of Lancaster, according to their several Jurisdictions, for Redress therein: And that upon such Complaint, the said Lord Chancellor or Lord Keeper, or the said Chancellor of the Duchy, may according to their said several Jurisdictions, by such Course as to their Wisdoms shall seem meetest, the Circumstances of the Case considered, proceed to the Examination, Hearing and Determining thereof; (3) and upon hearing thereof shall and may annul, diminish, alter or enlarge the said Orders, Judgments and Decrees of the said Commissioners, or any four or more of them, as to either of them in their said several Jurisdictions shall be thought to stand with Equity and good Conscience, according to the true Intent and Meaning of the Donors and Founders thereof; and shall and may tax and award good Costs of Suit by their Discretions, against such Persons as they Cost of Suit shall find to complain unto them without just and sufficient Cause, against the Com. plainers. of the Orders, Judgments and Decrees before mentioned. (3) In Saul v. Wilson, 2 Vern. 118, it is intimated, that a Decree founded on this Act is final, and that there can be no Re-hearing or Appeal to the House of Lords-but in 3 Bl. Com. 428, it is said, that the Proceeding is considered as an original Cause throughout, and that an Appeal lies of course, notwithstanding any loose Opinions to the contrary-and for which the learned Commentator refers to Duke, 62, 128-Burford v. Senthill, Ch. 9, May, 1743. 7 & 8 W. III c 37. 9 Geo. 2, c. 36. No. 10. 7 & 8 William III. c. 37.An Act for the Encouragement of charitable Gifts and Dispositions. HEREAS it would be a great Hindrance to Learning, and W other good and charitable Works, if Persons well inclined may not be permitted to found Colleges or Schools for Encouragement of Learning, or to augment the Revenues of Colleges or Schools already founded, by granting Lands, Tenements, Rents, or other Hereditaments to such Colleges or Schools, or to grant Lands · or other Hereditaments, to other Bodies Politick or incorporated now 9 H. 3, c. 36. in being, or hereafter to be incorporated, for other good and publick Uses;' 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 King may grant Licences to the Authority of the same, That it shall and may be lawful to and for alien, or purchase the King, our most Gracious Sovereign Lord, and for his Heirs and Successors, when and as often, and in such Cases as his Majesty, his Heirs or Successors, shall think fit, to grant to any Person or Persons, in Mortmain. Bodies Politick or Corporate, their Heirs and Successors, Licence to No. 10. alien in Mortmain, and also to purchase, acquire, take, and hold in 7 & 8 W. III. c. 37. Mortmain, in Perpetuity or otherwise, any Lands, Tenements, Rents or Hereditaments whatsoever, of whomsoever the same shall be holden. II. And it is hereby declared, That Lands, Tenements, Rents, Lands so aliened or Hereditaments, so aliened, or acquired and licensed, shall not be not subject to Forsubject to any Forfeiture, for or by Reason of such Alienation or feiture Acquisition. No. 11. 9 George II. c. 36-An Act to restrain the Disposition of Lands, whereby the same become unalienable. WHE 9 Geo. II. c. 36. HEREAS Gifts or Alienations of Lands, Tenements, or Hereditaments, in Mortmain, are prohibited or restrained by Magna Charta, and divers other wholesome Laws, as prejudicial to, ' and against the common Utility; nevertheless this publick Mischief bas of late greatly increased by many large and improvident Alien⚫ations 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 No Manors, Authority of the same, That from and after the twenty-fourth Day of Money to be laid June, which shall be in the Year of our Lord One Thousand Seven ont in Lands, to be Hundred and Thirty-six, (1) no Manors, Lands, Tenements, Rents, given for charita Advowsons, or other Hereditaments, Corporeal or Incorporeal whatso- by Deed indented, ever, (2) nor any Sum or Sums of Money, Goods, Chattels, Stocks in and executed bethe publick Funds, Securities for Money, or any other Persona! Estate 12 Months before whatsoever, to be laid out or disposed of in the Purchase of any the Death of the Lands, Tenements, or Hereditaments, (3) shall be given, granted, (1) The Statute does not extend to Wills previously made, but a Republication of a Will, or a confirmatory Codicil, made after the Statute, renders the Dispositions void.-Willet v. Sandford, 1 Vesey, 178—AttorneyGeneral v. Heartwell, Ambl. 451. (2) The Statute has received a very extensive Construction, with Respect to the Subjects upon which it operates, as being Real Estate, and it is held to comprehend Money due on Mortgages-Attorney-General v. Meyrick, 2 Vesey, 44-even as forming a Part of a general Residue-Pickering v. Lord Stamford, 2 Vesey, jun. 272-(See also White v. Evans, 4 Vesey, 21); a Right to lay Mooring Chains in the Thames-Negus v. Coulter, Amb. 367; a Sum secured by Mortgage of Turnpike Tolls-Knapp v. Williams, 4 Vesey, 430; or by the Bonds of the Commissioners of a Turnpike-Howse v. Chapman, 4 Vesey, 542; so Money secured by an Assignment of County Rates, under a special Act of Parliament-Finch v. Squire, 10 Vesey, 41. Although the Statute contains no express Words prohibiting a Bequest of Money, to be produced by the Sale of Land for Charitable Purposes, it is settled by Construction, that such a Bequest is within the Spirit and Meaning of the Law.-Per Sir Wm. Grant Curtis v. Hutton, 14 Vesey, 537. (3) The Prohibition, as to Money to be laid out in Lands, extends to a Disposition to pay off the Mortgate on a Chapel-Corbyn v. French, 4 Vesey, 418; or to enable Trustees to complete a Purchase of Land, ibid. arg. In Widmore v. Woodroffe, Amb. 636, i Bro. Ch. 13, a Devise to the Corporation of Queen Anne's Bounty, was held void, because the Corporation are bound by their Rules, confirmed by the King under the Great Seal, to lay out Lands, &c nor ble Uses, unless fore 2 Witnesses, Donor and in rolled, &c. No. 11. aliened, limited, released, transferred, assigned, or appointed, or any 9 Geo. II. c. 36. ways conveyed or settled to or upon any Person or Persons, Bodies Politick 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 what their Funds in the Purchase of Lands. It was urged, that a Power was reserved to the Crown to make new Rules, and the Point was suggested, whether, if such a Law were to be made, it would not extend to the Case; but by the Lord Chancellor, (Lord Camden,) the Rules are of force till they are altered, and were in Force at the Death of the Testator, when the Legacy was to take Place-and upon the Authority of this Case, a Disposition to the Society for increasing Clergyman's Livings in England or Wales was held void, as no other Society was deemed to meet the Description in the Will.-Middleton v. Clitheroe, 3 Vesey, 734. But now, by Statute 43 Geo. III. c 107, ante Part 1, Class 2, No. 29, Devises of Land to the Governors of Queen Anne's Bounty, are expressly allowed. A Bequest of £500, to be laid out in the Purchase of Lands, or on some real Security, is void.-Attorney-General v. Bowles, 3 Atk. 806. Where Money was given to be laid out in erecting a School, Lord Hardwicke intimated, that if any other Person would give a Piece of Land, the Money might be so applied, S. C. but the contrary Doctrine is now completely settled-and in the Attorney-General v. Nash, 3 Bro. Ch. 588, it was held, that a Bequest to build a House for a Schoolmaster was void, although the Trustees purchased Lands with their own Money, which they offered to give to the Charity. So a Bequest to erect and build a Hospital is void.-Attorney-General v. Heartwell, Amb. 451. So Vaughan v. Farrar, 2 Vesey, 182. A Bequest for the Purpose of erecting a free School void, although there was a Piece of vacant Land in Mortmain within the Parish, on which Part of a School-House stood, the Will not pointing at those Premises.-Attorney-General v. Hyde-Vide Case of Royston Free-School, Ambl. 751, 1 Bro. Ch. 444. Note. A Bequest to build a new Parsonage-House is good-Ghibb v. AttorneyGeneral, Amb. 373-and it is evident, from all the Cases, that a Disposition for Building upon or improving Land, already in Mortmain, is valid.-See the several Cases cited in the Attorney-General v. Parsons, 8 Vesey, 186. Where there is a Discretion to invest Money in Land-or in a Manner not prohibited-as in Personalty (or in Land in Scotland, which is excepted in Sec. 6,) it seems to be agreed, that the Disposition is good, and in that Case the Trustees may exercise their Discretion, by investing the Money in Land. Vi. Vaughan v. Farrar, 2 Vesey, 182-Grimmett Grimmett, Amb. 210-Soresby v. Hollins, and Grayson v. Atkinson, cited ibid-Curtis v. Hulton, 14 Vesey, 537. The Case of Grimmett v. Grimmett is a strong Case of Construction in Support of such Discretion. But where the Interest of £120 was to be paid to the Poor, and the Money was to be laid out in Land, as soon as the Trustees could meet with a Purchase, it was held, that the Direction to invest in Land was imperative, and the Disposition therefore void.-Englishe v. Orde, Highmore on Mortmain, 82-See also Grieves v. Case, 4 Bro. 67. A Disposition to purchase Land for a Charity, "and in Case the Charity could not by Law take Place according to her Directions, to lay out the Money in such charitable Uses as near to her Intentions as could be, and the Laws would be-ruled to be fraudulent and void.-Attorney-General v. Tyndall, Amb. 614. Where a Disposition of Land for charitable Purposes is void by the Statute, a personal Fund attached to it is void also-as a Gift of Houses, as Alms-Houses, for certain poor objects, and an annua! Sum to each House. Attorney-General v. Goulding, 2 Bro. Ch. 428, confirmed under Circumstances similar in Effect, Attorney-General v. Whitchurch, 3 Vesey, 141. So a Bequest of a Residue to purchase or build a Chapel, where the Executors might think it most wanted, and any Overplus to go to the Support of a Minister, not exceeding £20 a Year, and any further Overplus to such charitable Purposes as the Executors might think proper-the purchasing or building a Chapel, (which, according to the Cases above cited, could not be supported,) being the primary Object, the whole was void. See also, to the No 11. soever; (4) unless such Gift, Conveyance, Appointment, or Settlement of any such Lands, Tenements, or Hereditaments, Sum or Sums 9 Geo. II, c. 36. of Money, or Personal Estate (other than Stocks in the publick Funds), be and be made by Deed indented, sealed, and delivered in the Presence of two or more credible Witnesses, twelve Calendar Months at least before the Death of such Donor or Grantor (including the Days of the Execution and Death), and be inrolled in his Majesty's High Court of Chancery, within six Calendar Months next after the Execution 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 same Effect, Attorney-General v. Davies, 9 Vesey, 535. As to the Case of the Object of building a Chapel being left vague in Respect of the requisite Amonnt.-Chapman v. Brown, 6 Vesey, 404. But a Disposition may be partly good and partly void when the Purposes are distinguishable-as where a Person, having founded Alms-Houses by a valid Deed, bequeathed a Sum of Money in Trust, to apply the Surplus Interest in rebuilding, repairing, altering, adding to or improving the Messuages or Tenements, Ground and Appurtenances before conveyed, the Disposition was declared valid, so far as the Money was to be applied in rebuilding, repairing, altering, or improving the Premises, and so far as the Additions should be made upon the Land before conveyed-but bad so far as any Addition should be made, by acquiring other Land.-Attorney-General v. Parsons, 8 Vesey, 186, Note. The discretionary Power of the Trustees seems not to have been adverted to. Where a Testatrix gave a House upon Trust, to deposit in it the Books thereafter given and purchased-and gave to Trustees all the religious Books which she might leave at her Death, and her personal Estate upon Trust, to apply the Residue of her Estate for the Use of the Welch Circulating Schools-and for the Increase and Improvement of Christian Knowledge, and promoting Religion as the Trustees should think proper-and to purchase new Bibles, &c. for such pious Uses as were intended concerning those already bought-and, in the mean Time, to deposit the said Bibles, &c. in the said House. The Disposition as to the personal Estate was sustained, the Lord Chancellor being of Opinion that the Charity was not so engrafted into, connected with, and placed upon an Establishment in real Property, that the Charity could not subsist, as the real Estate was so giventhat the House was meant to be subservient to the Distribution of Books, but not necessarily connected with that Purpose.-Attorney-General v. Stepney, 10 Vesey, 22. (4) In Durour v. Motteux, 1 Vesey, 320, a Testator devised £1200, or thereabouts, to be laid out in the Purchase of Land for certain charitable Uses confessedly void-the Remainder of the Lands to pay an Annuity of £10 to a Minister, to preach a Sermon to his Memory, and keep his Tomb-stone in Repair, and certain annual Sums to the Clerk and Sexton, and the Coporation of St. Albans, for keeping the Accounts. The whole was adjudged to be void. The Annuity to the Minister was a charitable Use which was not prevented by the Addition of the Sermon-so were the Annuities-and the rest was not only a vain Concommitant of the charitable Bequest, but a Circumstance attending the general Execution thereof; and if that Construction were not made, it might elude the Act of Parliament, for the Reward for doing those Offices might be as great as the Testator pleased; so the Gift to the Corporation was a Reward for their Service, and but a Circumstance attending the charitable Bequest; and though the keeping the Accounts was not void, yet if the Charity on which it was to attend was void, it must be so too. A Disposition to bring Water from A. to B. for the Use of the Inhabitants of a Town, is a Charity and void.-Jones v. Willians, Ambler, 651. So of Money from Land to be appropriated to the Improvement of a Town-House v. Chapman, 4 Vesey, 542; for the Purpose of establishing a Botanical Garden, the Testator declaring that he thought it would be a public Benefit.— Townley v. Bedwell, 6 Vesey, 194. In Doe dem Philips v. Aldridge, 4 T. R. 264, Land was devised to Aldridge upon Trust, that he should convey the same to take place after his Decease for the Support of preaching the Word of GOD at the Meeting-house |