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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 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, tenements or hereditaments, to be made really and bonâ fide 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 : 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 &c., and be it enacted by &c., that where any

lands, tenements or hereditaments, or any estate or interest therein, have or has been purchased for a full and valuable consideration, in trust or for the benefit of any charitable uses whatsoever, and such full and valuable consideration has been actually paid for the same, every deed or other assurance already made for the purpose of conveying or assuring such lands, tenements or hereditaments, estate or interest as aforesaid, in trust or for the benefit of such charitable uses (if made to take effect in possession for the charitable uses intended immediately from the making thereof, and without any power of revocation, reservation, trust, condition, limitation, clause or agreement whatsoever, for the benefit of the 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."

Sect. 2. "Provided always and be it further enacted, that nothing in this act contained shall extend to give effect to any 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."

Sect. 3. "Provided also and be it further enacted, that nothing herein contained shall be construed to dispense with any of 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.”

52 GEO. III. c. 102.

"An Act for the registering and securing of charitable donations" (k). "Whereas charitable donations have been given for the benefit of the poor and other persons in England and Wales to a very considerable amount, and many of the aforesaid donations appear to have been lost, and others, from the neglect of payment and the inattention of those persons who ought to superintend them, are in danger of being lost, or rendered very difficult to be preserved: Be it therefore enacted by," &c., "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,

(k) Vide stat. 43 Eliz. c. 4, of charitable uses, intituled "An act to redress the misemployment of lands, goods and stocks of money heretofore given to certain charitable uses: Duke's Ch. Uses, by Bridgman, p. 1; and the expositions of

that stat. by Sir F. Moore, ib. P. 122.

Vide also 52 Geo. 3, c. 101, "An act to provide a summary remedy in cases of abuses of trusts created for charitable pur poses."

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 control 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."

Sect. 2. "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 herein before 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, or other instrument shall have been made or executed."

[Sect. 5 provides that if any charitable donation shall not be duly registered under that act, any two or more persons interested in the donation may complain thereof by petition to the Courts of Chancery or Exchequer, who shall hear and determine the same, and the order therein to be conclusive.]

[Sect. 9 gives the Court of Quarter Sessions power to extend the period for registering charitable donations, not exceeding six calendar months.]

[Sect. 10 provides that the act shall not extend to charitable donations not issuing out of or secured upon lands, tenements or hereditaments, or directed to be secured thereon, or to be permanently invested in government or any public stocks or funds, nor to donations which may be wholly or in part expended in the charitable purposes designed, at the discretion of the trustees, &c.]

[Sects. 11, 12, 13, provide that the act shall not extend to any hospital, school or other charitable institution, founded, improved, or regulated by or under the authority of the King or any of his predecessors, or of any spe cial act of parliament thereunto particularly relating; nor to any charitable donation under the superintendence of any such hospital, school or institution; nor the governors of the corporation of the charity for the relief of poor widows and children of clergymen; nor to any friendly society, the

rules whereof shall have been confirmed according to the provisions of the act or acts for the encouragement and relief of friendly societies; nor to either of the Universities of Oxford or Cambridge, nor to any college or hall thereto belonging, nor to any charitable bequest, devise, gift or foundation belonging thereto, or under the control, direction, superintendence or management of the said universities, or either of them, or any college or hall therein respectively; nor to the Radcliffe Infirmary within the University of Oxford; nor to the colleges of Westminster, Eton or Winchester; nor to any cathedral or collegiate church within England and Wales; nor to the Charter-house; nor to the corporation of the Trinity-house of Deptford Stroud; nor to any funds applicable to charitable purposes for the benefit of any persons of the Jewish nation; nor to any charitable foundation or donation given to and for the benefit of any person or persons of the society or people called Quakers, and which shall be under the superintendence and control of persons of that persuasion; nor to any charity or charitable donation or foundation, the accounts of the income and expenditure whereof shall have been directed to be annually passed in the High Court of Chancery; nor to any charity or charitable donation or foundation, the annual gross income whereof did not exceed forty shillings, and of which the trustee or trustees, feoffee or feoffees, possessor or possessors, some or one of them, might, within six months after the passing of the act, deposit in the hands of the minister of the parish wherein any of the objects of such charity, charitable donation or foundation should be, a written memorial or statement in like form as in the schedule thereunto annexed is contained, and which by such minister should be forthwith deposited in the parish chest.]

Sect. 14. "And be it further enacted that where any body corporate, guild or fraternity shall be entrusted with the possession or distribution of divers charities or charitable donations or foundations, or of the rents and profits thereof, that in such cases all such charities, charitable donations and foundations may be registered and stated in one and the same memorial."

[Schedule to which the above act refers:]

"A memorial or statement in pursuance of an act for the registering and securing of charitable donations, whereby it is declared by the undersigned [state the name or names of the persons who sign the memorial or statement], that the real or personal estate [state this as the case may be] of the [state the title or appellation of the charity or charitable donation] consists of [state this as the case may be, and if real estate, whether it be in lands, tenements or hereditaments, and of what tenure, and where the same are situate, or whether of any charge or incumbrance on any lands, tenements or hereditaments, and where situate, and if personal estate, describe the nature of it, and how secured], and the gross annual income arising therefrom amounts to [state the sum], and the objects of which charity or charitable foundation are [state the general or particular objects of the charity], and which charity or charitable foundation was, according to the best of my [or our, as the case may be,] knowledge and belief, founded by [state by

whom, and if benefited, increased or secured by any other person, state the same and by whom], and the deeds, wills and other instruments [state this as the case may be, and if no deeds, wills or other instruments exist, state the same], are, to the best of my [or our, as the case may be], knowledge and belief, in the custody, possession or control [state this as the case may be] of [state the name of the body corporate or natural person], and the trustees, feoffees or possessors [state this as the case may be] of the said real and personal estate [state this as the case may be] are, to the best of my [or our, as the case may be,] knowledge and belief [state the name of the body corporate or natural person, as the case may be].

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Trustee or trustees, feoffees, possessor or possessors of

the real or personal estate [as the case may be] of the charity or charitable donation hereby memorialized and registered."

31 GEO. II. c. 14.

"An act for further explaining the laws touching the electors of knights of the shire to serve in parliament for that part of Great Britain called England."

"Whereas by an act made in the eighteenth year of the reign of his present majesty, intituled An act to explain and amend the laws touching the election of knights of the shire to serve in parliament for that part of Great Britain and Ireland called England, it is enacted that no person shall vote at the election of any knight or knights of a shire within that part of Great Britain called England, or principality of Wales, without having a freehold estate in the county for which he votes of the clear yearly value of forty shillings over and above all rents and charges payable out of or in respect of the same: And whereas, notwithstanding the said act, certain persons who hold their estates by copy or [of] court roll pretend to have a right to vote, and have at certain times taken upon them to vote at such elections, be it therefore enacted by &c., "that from and after the 24th day of June, 1758, no person who holds his estate by copy of court roll (1) shall be intitled thereby to vote at the election of any knight or knights of a shire within that part of Great Britain called England, or principality of Wales; and if any person shall vote in any such election contrary to the true intent and meaning hereof, every such vote shall be void to all intents and purposes whatsoever; and every person so voting shall forfeit to any candidate for whom such vote shall not have been given, and who shall first sue for the same, the sum of fifty pounds, to be recovered

(1) But now see 2 W. 4, c. 45, s. 19, referred to, ante, pt. 1, p. 558, in n. (×); pt. 2, p. 561, n. (b).

N. B. A copyholder has been allowed to vote in respect of an allotment of com

mon.

Ante, pt. 1, p. 557.

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