This section is from the book "Dart's Treatise On The Law And Practice Relating To Vendors And Purchasers Of Real Estate", by J. Henry Dart . Also available from Amazon: A treatise on the law and practice relating to vendors and purchasers of real estate.
Incapacity of charity trustees.
(s) S. 53 (3). (t) S. 55.
(u) S. 54; and see inf. (x) S. 37.
(y) Cohen v. Mitchell, (1890) 25 Q. B. D. at p. 267; 59 L. J. Q. B. 409.
(z) Re Clayton and Barclay, 1895, 2 Ch. 212; 64 L. J. Ch. 615.
(a) Re New Land Development Association and Gray, 1892, 2 Ch. 138; 61 L. J. Ch. 495; Bird v. Philpott, 1900, 1 Ch. 822; 69 L. J. Ch. 487; London and County Contracts, Ltd. v. Tallack, 1903, W. N. 8; 51 W. E. 408.
(b) Re The Kent Gas Light and Coke Co., 1909, 2 Ch. 195.
(c) See e.g. A.-g. v. Brettingham, (1840) 3 Beav. 91.
(d) As to the alienation of charity lands by trustees, see A.-g. v. Green, (1801) 6 Ves. 452; A.-g. v. Corp. of Newark, (1842) 1 Ha.
395; 11 L. J. Ch. 270; A.-g. v. Brettingham, (1840) 3 Beav. 91; A.-g. v. South Sea Co., (1841) 4 Beav. 453; A.-g. v. Pargeter, (1843) 6 Beav. 150; 13 L. J. Oh. 81; A.-g. v. Pilgrim, (1849) 12 Beav. 57; 2 H. & Tw. 186; A.-g. v. Magdalen College, (1854) 18 Beav. 223; 23 L. J. Ch. 844; A.-g. v. Davey, (1859) 4 D. & J. 136.
(c) A.-g. v. Magdalen College, (1857) 6 H. L. C. 189; 26 L. J. Ch. 620.
(f) Re Ashton's Charity, (1856) 22 Beav. 288; and see the Charitable Trusts Act, 1853, s. 43.
(g) See ss. 21, 26; the Charitable Trusts Amendment Act, 1855, s. 38. As to the power of the majority of the trustees of a charity to determine on a sale, see the Charitable Trusts Act, 1860, s. 16; the Charitable Trusts Act, 1869, s. 12.
(h) The powers of the Commissioners under the Charitable Trusts Act, 1853, have not been abridged by the Allotments Extension Act, 1882: Parish of Sutton to Church, (1884) 26 Ch. D. 173; 53 L. J. Ch. 599; and sec the Small Holdings and Allotments Act, 1908, s. 33 (2).
(i) I.e., sanctioned by the Court of Chancery or by those other Courts which, under the Act of 1853, could sanction schemes: Re Ma»on'$ Orphanage, 1896, 1 Ch. 596; 65 L. J. Ch. 439.
(k) The Charitable Trusts Act, 1855, s. 29.
(l) Ss. 47, 48.
(m) For cases of exemption, see Sons of Clergy Corp. v. Sutton, (1860) 27 Beav. 651; 29 L. J. Ch. 393; Royal Society v. Thompson,
By s. 29 of the S. L. Act, 1925, it is provided that for the purposes of that section, all land vested in trustees for charitable purposes shall be deemed settled land, and the trustees are to have the powers conferred by the Act on a tenant for life and on the trustees of a settlement (n). The powers are to be exercisable subject to such consents or orders being obtained as would have been requisite if the transaction had been effected under an express power conferred by the instrument creating the trust (o). Where a purchaser has notice that the land is held on charitable trusts, he is bound to see that any requisite consents tor orders have been obtained (n).
Charity lands, effect of S. L. Act, 1926.
A statutory corporation is limited as to all its powers by the purposes of its incorporation, as defined by its memorandum of association or special Act (p); and, consequently, a railway company will be restrained from alienating property so as to disable it from carrying on its business; but so long as the company does not deal with its land in a way inconsistent with the Acts, or so las to infringe the rights of other persons, it can deal with it as it pleases (q), and can grant easements over it (r) unless the rights granted are inconsistent with the purposes for which the company acquired the land (s).
Of statutory corporations.
(1881) 17 Ch. D. 407; 50 L. J. Ch. 344; Finnis to Forbes, (1883) 24 Ch. D. 587, 591; Re Sons of Clergy Corp. and Skinner, 1893, 1 Ch. 178; 62 L. J. Ch. 148; Re Clergy Orphan Corp., 1894, 3 Ch. 145; 64 L. J. Ch. 66; considered in Re Gilchrist Educational Trust, 1895, 1 Ch. 367; 64 L. J. Ch. 298; Re Stockport Ragged Schools, 1898, 1 Ch. 610; 2 Ch. 687; 68 L. J. Ch. 41.
(n) Sub-s. (1). See Re Booth and Southend, etc. Co.'s Contract, 1927, 1 Ch. 579. (o) Sub-s. (2).
(p) Ashbury Carriage Co. v. Riche, (1875) L. R. 7 H. L. 653; 44 L. J. Ex. 185; A.-g. v. G. E. R. Co., (1880) 5 A. C. 473; A.-g. v. Fulham Corporation, 1921, 1 Ch. 440; York Corporation v. Leatham, 1924, 1 Ch. 557; Deuchar v. Gas Light and Coke Co., 1924, 2 Ch. 426.
(q) Foster v. L. C. & D. R. Co., 1895, 1 Q. B. 711; 64 L. J. Q. B. 65.
(r) Re Gonty and M. S. & L. R. Co., 1896, 2 Q. B. 439; 65 L. J. Q. B. 625; S. E. R. v. Cooper, 1924, 1 Ch. 211.
(a) Mulliner v. Midland R. Co., (1879) 11 Ch. D. 611; 48 L. J. Ch. 258; A.-g. v. G. C. R. Co., 1912, 2 Ch. 110.
A Common Law corporation, however, when duly created has, as an incident annexed by Law, the same power to deal with its property and bind itself by contract as a private owner; and even a clause in its charter restraining it from aliening or demising except in a certain form is deemed to be merely a precept, and not binding in law (t).
Of Common Law corporations.
A company incorporated under the Companies Act, 1908, has power to acquire and hold land (u).
By statute, limited powers of alienation are vested in certain corporations in respect of their corporate property; e.g., corporations governed respectively by the Episcopal and Capitular Estates Act, 1851, the Universities and College Estates Act, 1925, the Land Tax Redemption Acts, the Public Health Acts, and the Housing Act, 1925.
Statutory powers of alienation.
By the Municipal Corporations Act, 1882, certain restrictions are imposed on sales of land by municipal corporations (x). Under the L. C. C. Act, 1845, s. 15, no municipal corporation can sell land required by the promoters for extraordinary purposes, except with the consent of the Treasury.
Statutory restrictions on alienation.