Winchester, and Westminster, for the better support and maintenance of the scholars only upon the foundations of those last-mentioned colleges, or to or in trust for the warden, council, and scholars of Keble College (z).

(2.) An assurance, otherwise than by will, to trustees on behalf of any society or body of persons associated together for religious purposes or for the promotion of education, art, literature, science, or other like purposes, of land not exceeding two acres 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, has been erected, so that the assurance be made in good faith for full and valuable consideration (a).

(3.) An assurance by deed of land of any quantity or an assurance by will of land of the quantity therein mentioned (b) for the purposes only of a public park, a school-house for an elementary school, a public museum (c), or an assurance by will of personal estate to be applied in or towards the purchase of land for all or any of the same purposes only; provided that a will containing such an assurance, and a deed con-taining such an assurance and made otherwise than in good faith for full and valuable consideration, must be executed not less than twelve months before the death of the assuror, or he a reproduction in substance of a devise made in a previous will in force at the time of such reproduction, and which was executed not less than twelve months before the death of the assuror, and must be enrolled in the books of the Charity Commissioners within six months after the death of the testator, or in case of a deed the execution of the deed (d).

(z) Stat.. 61 & 52 Vict. c. 42,. s. 7. (i.), replacing 9 Geo. II. c. 36, s. 4. except as to London, Durham and Victoria Universities and Keble College: Bee Tudor's Charitable Trusts, 167 - 4 70, 4th ed.

(a) Stat. 61 & 52 Vict. c. 42, B. 7 (ii.), replacing 31 & 32 Vict. c. 44, s. 1. Such assurance may, however, be enrolled, if thought fit.

(b) Not exceeding twenty acres for any one public park, two acres for any one public museum, and one acre for any one school-house stat. 51 & 52 Vict. c. 42, s. 6 (3).

(c) See s. 6 (4) for the definition of these terms.

29 (2)

(4.) Where by any statute in force any provision repealed by the Act of 1888 is excluded either wholly or partially from application or is applied with modification, in every such case the corresponding provision of that Act shall be excluded or applied in like extent or manner (e). This refers to the cases in which exemption from all or some of the restrictions imposed by the Mortmain Act of George II. has been granted by statute in favour either of particular charitable institutions or bodies or of assurances for certain particular purposes (f).

(d) Stat. 51 & 52 Vict. c. 42, s. 6, replacing34 & 35 Vict. c. 13, and also exempting the assurances therein mentioned from the operation of Part I. of the Act: see above, p. 445.

By stat. 55 Vict. c. 11, this exemption is extended to any assurance by deed of land to a local authority for any purpose for which such authority is empowered by any Act of Parliament to acquire land, without the requirement that an assurance not made for full valuable consideration must be executed not less than twelve months before the assuror's death.

(e) Stat, 51 & 52 Vict. c. 42, s. 8.

(f) See Tudor's Charitable Trusts, 470 - 476, 4th ed.; 1 Jarm. Wills, 202 - 204, 5th ed.; Index to Statutes, Mortmain, 2, 3. With regard to particular charitable institutions specially authorized by statute to take lands, where these are corporations, it must be considered whether they are exempted from the provisions of Part I. only of the Mortmain and Charitable Uses Act, 1888 (above, p. 445), or whether they have been granted a dispensation from the restrictions imposed by Part II. of the Act: see Nethersole v. School fur Indigent Blind, L. R. 11 Eq. 1; Chester v. Chester, L. R. 12 Eq. 444; cf. Perring v. Trail, L. R. 18 Eq. 88. As to assurances for particular charitable purposes, there are numerous instances in which the Legislature has exempted the

Besides these exemptions, it was considered that the Mortmain Act of George II. (y) had no application in case of land, which was already in mortmain by reason of its being lawfully vested in a corporation; and it was decided on this ground that the conveyance of land to charitable uses by an ecclesiastical or an eleemosynary corporation was not subject to any of the restrictions imposed by that Act (h). And following the spirit of these decisions, it was further held that, when land had been once duly assured into mortmain by reason of its having been vested in trustees for charitable purposes, the conveyance thereof to other trustees or to another charity did not fall within the purview of the same Mortmain Act, and needed not to be made with any of the formalities therein prescribed (7). And as the Mortmain and Charitable Uses Act, 1888 (k), is mainly assurance of laud or of limited quantities of laud for objects regarded as laudable from all or some of the requirements of Part II. of the Act of 1S88, and also from the provisions of Part I. of the Act. Amongst these are the augmentation of benefices, the building of churches (see Tudor's Charitable Trusts, 473, 773sq., 785 sq., 4th ed.), the provision of public recreation grounds (stat. '22 Vict. c. 27), and of dwellings for the working classes in populous places (stat. 53 & 54 Vict, c. 16), and the acquisition of land by institutions for promoting technical and industrial instruction and training (stat. 55 & 56 Vict. c. 29, s. 10). Other instances, in which also tenants for life or other limited owners are empowered to convey the whole estate in the land for the charitable purpose in question are the provision of sites for schools (stats. 4 & 5 Vict. c. 38; 7 & 8 Viet. e. 37: 12 & 13 Vict. c. 49; 14 & 15 Vict, c. 24; 15 & 1(5 Vict. c. 49), for literary, scientific and like institutions (stat. 17 & 18 Vict. c. 112), and for places of worship or burial (stats. 30 & 31 Vict. c. 133: 36 & 37 Vict. c. 50; 45 &46 Vict. c. 21). Also, by stat. 33 & 34 Viet. c. 34, the investment on mortgage of land of any money held by;any corporation or trustees for any public or charitable purpose is exempted from the restrictions now contained in Part II. of the Mortmain Act of 1888, and also from any forfeiture for alienation of land into mortmain: but in every case in which the equity of redemption of the premises comprised in any such security shall become liable to foreclosure or otherwise barred or released, the same shall thenceforth be held in trust to be sold and converted into money, and shall be sold accordingly; and in any proceedings for redeeming or enforcing such security the decree shall direct (in default of redemption) a sale and not foreclosure.