(z) Stat. 9 Geo. II. c. 36, s. 2.
(a) Sect. 3.
(b) Sect. 4.
(c) Stat. 9 Geo. IV. c. 85.
(d) Sect. 3.
(e) Stat. 24 Vict. c. 9. Provisions were made with respect to Roman Catholic Charities by an act of the previous session, stat. 23 & 24 Vict. c. 34.
This act, it will be observed, provides only for the reservation of a nominal rent, excepl in the case of an; assurance made bona fide on a sale for a full and valuable consideration; so that a gift of land to a charity, reserving a pecuniary rent or rent-charge to the grantor, would still be void. Moreover no alteration was made in that part of the Mortmain Act which relates to the execution of the deed twelve calendar months at least before the death of the grantor. The only exception which that act allowed was in the case of a purchase of land bona fide, for a full and valuable consideration actually paid at or before the making of the conveyance. If on a purchase a rent were reserved to the vendor, it is clear that the full consideration was not actually paid at the making of the conveyance. There was nothing in the new act, as there was certainly nothing in the former one, to preserve such a conveyance from becoming void by the decease of the vendor within twelve calendar months from the date of the deed. This oversight in the act has been provided for by a more recent statute (h), which enacts that every full and bona fide valuable consideration which shall consist either wholly or partly of a rent or other annual payment reserved or made payable to the vendor or grantor, or to any other person, shall, for the purposes of the Mortmain Act, be as valid and have the same force and effect as if such consideration had been a sum of money actually paid at or before the making of such conveyance without fraud or collusion.
Separate deed of trust.
Remarks on the act.
(f) Stat. 24 Vict. C. 9, I. I.
(g) Sect. 2
With regard to deeds and assurances already made, it has been provided by another act (i), that all money really and bona fide expended before the 16th of May, 1862, the date of the act, in the substantial and permanent improvement, by building or otherwise for any charitable use, of land held for such charitable use, shall be deemed equivalent to money actually paid by way of consideration for the purchase of the said land.
As to deeds already made.
Money spent in improvement.
(h) Stat. 27 Vict. c. 13, s. 4.
(i) Stat. 25 Viet. c. 17, s. 5.
It has also been provided (k), that every deed or assurance by which any land shall have been demised for any term of years for any charitable use shall, for the purposes of the Mortmain Act, be deemed to have been made to take effect for the charitable use thereby intended immediately from the making thereof, if the term for which such land shall have been thereby demised was made to commence and take effect in possession at any time within one year from the date of such deed or assurance. And it has been further provided, with respect to all deeds and assurances under which possession is held for any charitable uses, that if made bona fide for, a full and valuable consideration, actually paid at or before the making of such deed or assurance, or reserved by way of rent, rent-charge, or other annual payment, or partly paid and partly so reserved, no such deed or assurance shall be void within the Mortmain Act, if it was made to take effect in possession for the charitable uses intended immediately from the making thereof, and without any power of revocation, and has been inrolled in the Court of Chancery before the 17th of May, 1866 (l). And all conveyances to charitable uses made upon such full and valuable consideration as aforesaid, and under which possession is held for such uses, are rendered valid where any separate deed declaring the uses has alone been inrolled, or where such separate deed shall have been executed within six calendar months from the 13th of May, 1864, and inrolled before the 17th of May, 1866 (m). Where the original deed creating any charitable trust has been lost, the Court of Chancery is empowered to authorize the inrolment in its stead of any subsequent deed by which the trusts may sufficiently appear (n). And power is now given to the Court of Chancery to authorize the inrolment in that Court of any conveyance for charitable uses, if it be satisfied that the same was made really and bona fide for full and valuable consideration actually paid at or before the making and perfecting; thereof, or reserved by way of rent-charge or other annual payment, or partly paid and partly reserved as aforesaid, without fraud or collusion, and that at the time of the application to the Court possession or enjoyment is held under such instrument, and that the omission to inrol the same in proper time has arisen from mere ignorance or inadvertence, or from the destruction thereof by time or accident (o). The inrolment must be made within six calendar months from the date of the order of the Court. When land has been already devoted to charitable purposes, the conveyance thereof to other trustees, or to another charity, does not fall within the purview of the Mortmain Act, and accordingly requires no special attestation or inrolment (p). The acknowledgment of deeds prior to inrolment in the Court of Chancery is now abolished (q).
Demise to commence within a year.
Where original deed lost.
(k) Stat. 26 & 27 Vict. c. 106. (l) State. 24 Vict. c. 9, s. 8; 27 Vict. c. 13, s. I.
(m) Stats. 24 Vict. c. 9, s. 4; 27 Vict. c. 13, ss. 1, 2.
(n) Stat. 27 Viet. c. 13, s. 3.
All endowed charities are now placed under the control of the Charity Commissioners for England and Wales (r). And an official trustee of charity lands has been appointed, in whom may be vested, by order of the Court of Chancery or of any judge having jurisdiction, any chanty lands whenever the trustees do not or will not act, or there are no trustees, or none certainly known, or where any of the trustees are under age, lunatic or of unsound mind, or otherwise incapable of acting, or out of the jurisdiction of the Court, or where a valid appointment of new trustees cannot be made, or shall be considered too expensive (s). But it is now provided that where the trustees of a charity have power to determine on any disposition of any property of the charity, a majority, who are present at a meeting of their body duly constituted and vote on the question, shall have, and be deemed to have always had, full power to execute and do all such assurances, acts and things as may be requisite for carrying any such disposition into effect; and all such assurances, acts and things shall have the same effect as if they were respectively executed and done by all such trustees and by the official trustee of charity lands (t).