Power to authorize inrolment.
Land already in mortmain.
The Charity Commissioners.
(0) Stat. 29 & 30 Vict. c. 57.
(p) Walker v. Richardson, 2 Mees. & Wels. 882; Attorney-General v. Glyn, 12 Sim. 84; Ashton v. Jones, 28 Beav. 400.
(q) Stat. 31 & 32 Vict. c. 44, s. 3.
(r) Stat. 16 & 17 Vict. c. 137, amended by stats. 18 & 19 Vict. c. 124, and 23 & 24 Vict. c. 136, explained by stat. 25 & 26 Vict. c. 112, and amended by stat. 32 & 33 Vict. c. 110.
An important exception to the Mortmain Act has been introduced by acts of parliament passed to afford further facilities for the conveyance and endowment of sites for schools (u), by which one witness only is rendered sufficient for such a conveyance (v), and the death of the donor or grantor within twelve calendar months from the execution of the deed will not render it void (w). But by these acts the necessity of inrol-ment does not appear to have been dispensed with (x). These acts contain many other provisions for facilitating the erection of schools for the education of the poor. And, by more recent acts of parliament, provision has been made for the conveyance of sites for literary and scientific and other similar institutions(y); and also for facilitating grants of land for the recreation of adults, and as play-grounds for children (z). A further important inroad upon the Mortmain Act has also been made by an act (a), which provides, that all alienations, except by will, bona, fide made after the passing of that act to a trustee or trustees on behalf of any society or body of persons associated together for religious purposes, or for the promotion of education, arts, literature, science, or other like purposes, of land for the erection thereon of a building for such purposes or any of them, or whereon a building used or intended to be used for such purposes or any of them shall have been erected, shall be exempt from the provisions of the Mortmain Act, and from the provisions of the 2nd section of the act 24 Vict. c. 9 : provided such disposition shall have been really and bona fide made for a full and valuable consideration actually paid upon or before the making thereof, or reserved by way of rent, rent-charge, or other annual payment, or partly paid and partly reserved as aforesaid, without fraud or collusion, and provided that each such piece of land shall not exceed two acres in extent or area in each case. The deed or instrument of disposition may at any time be inrolled in Chancery if thought fit.
Sites for schools.
Literary scientific institutions.
(s) Stats. 10 & 17 Vict. c. 137, s. 48; 18 & 19 Vict. c. 124, s. 15.
(t) Stat. 32 & 33 Vict. c. 110, s. 12, repealing stat. 23 & 24 Vict. c. 136, s. 16.
(u) Stat. 4 & 5 Vict. c. 38, explained by stat. 7 & x Vict, c 37; extended and further explained by stat. 12 & L8 Vict. c. 49, Amended by stat. 14 & 15 Vict. c. 24; and extended by stat. 15 & 16 Vict. c. 49.
(v) Stat. 4 & 5 Vict. c. 38, s. 10.
(w) Stat. 7 & 8 Vict. c. 37, s. 3.
(x) See stat. 4 & 5 Vict. c. 38, s. 16.
(y) Stat. 17 & 18 Vict. c. 112.
Again, no conveyance can be made to any corporation, unless a licence to take lands has been granted to it by the crown. Formerly, licence from the lord, of whom a tenant in fee simple held his estate, was also necessary to enable him to alienate his lands to any corporation (b). For, this alienation to a body having perpetual existence was an injury to the lord, who was then entitled to many advantages, to be hereafter detailed, so long as the estate was in private hands; but in the hands of a corporation these advantages ceased. In modem times, the rights of the lords having become comparatively trifling, the licence of the crown alone has been rendered by parliament sufficient for the purpose (c). And it is now provided that any incorporated charity may, with the consent of the charity commissioners, invest money arising from any sale of land belonging to the charity, or received by way of equality of exchange or partition, in the purchase of land; and may hold such land, or any land acquired by way of exchange or partition, for the benefit of such charity, without any licence in mortmain (d). It is further provided (e) that all corporations and trustees in the United Kingdom holding monies in trust for any public or charitable purpose may invest such monies on any real security authorized by or consistent with the trusts on which such monies are held, without being deemed thereby to have acquired or become possessed of any land within the meaning of the laws relating to mortmain or of any prohibition or restraint against the holding of land by such corporations or trustees contained in any charter or act of parliament. And no contract for or conveyance of any interest in land made bona fide for the purpose only of such security shall be deemed void by reason of any noncompliance with the conditions and solemnities required by the Mortmain Act. Every joint-stock company registered under the Joint-Stock Companies Acts(f) has also power to hold lands (g); but no company formed for the purpose of promoting art, science, religion, charity or any other like object, not involving the acquisition of gain by the company or by the individual members thereof, shall, without the sanction of the Board of Trade, hold more than two acres of land; but the Board of Trade may, by licence under the hand of one of their principal or assistant secretaries, empower any such company to hold lands in such quantity and subject to such conditions as they think fit (h).
(z) Stat. 22 Vict. c. 27.
(a) Stat. 31 & 32 Vict. c. II, passed 13th July, 1868. (b) 2 Black. Com. 269.
(c) Stat. 7 & 8 Will. III. c. 37.
(d) Stat. 18 & 19 Vict. c. 124, s. 35.