maintenance and cure of the poor sick persons to be received into the said hospital; and if there should be more money than should be requisite for those purposes, to apply the surplus to the relief of such other poor sick persons, or such other objects of compassion, as should appear to the governors so incorporated to be most worthy and deserving of pity and relief, or for such other public and charitable purposes as they should think convenient. The governors were, by this act, enabled to hold his estates for the use of the hospital, and to sell and invest the produce in other lands, with all the usual powers of a corporation.

It would extend this work far beyond the limits of its utility to notice every institution which has been privileged by incorporation, with licence to purchase, hold, and alienate lands in mortmain; more especially as that single fact has very seldom furnished a ground for application to either of the Courts of Judicature, or led to any parliamentary discussion of their rights; it has therefore been deemed preferable to close this part of our investigation.

OF

OF

MORTMAIN

AND

CHARITABLE USES.

PART II.

CHAP. I.

OF THE STATUTE OF 9 GEN. II. c. 36.

THE
present act of mortmain originated in the House
of Commons; and when it was first proposed, it was
considerably more comprehensive than when it passed
into a law; for the exempting clauses in favour of the
universities and colleges therein-mentioned were the
result of several petitions against it: as they subsisted by
charitable donations, they were reasonably alarmed at
the consequences, which they apprehended would prove
fatal to their future progress, and several amendments.
were made in it before it received the royal assent.

The bill was first proposed, and leave given to bring it 10 Smol'et,537. in on the 5th March, 1735, O. S. and Messrs. Ord, Glanville, and Plumer, with the assistance of Sir Joseph Jekyl, master of the rolls, were ordered to prepare the same. On the 18th it was read a second time, and ordered to be committed to a committee of the whole house,

Journ. Dom.
Com.

On the 26th of March, 1736, O. S. a petition against it was presented from the university of Oxford, stating, that the petitioners were by their constitution entirely founded in charity, and must ever continue to depend upon it; and that notwithstanding the large benefactions with which they had been formerly endowed, yet many of the societies were so meanly provided for, that the pious designs of their founders must remain imperfect without future benefactions, which had been found by long experience to arise by low degrees; that they hoped, when their case should be duly considered, they would not be thought to be within any of the general mischiefs that might arise from alienations in mortmain; that as their present possessions were inconsiderable, in respect of the great number of persons who were maintained out of them, and as the donations they then enjoyed, as well as those they might thereafter receive, must be solely appropriated to the advancement of religion and learning, they hoped that no difficulties or discouragements would be put in the way of those whose pious and charitable intentions might dispose them to give their assistance towards rendering the university in general, as well as the several societies of it, more instrumental in promoting those great and necessary ends, and therefore praying to be exempted from the restraints mentioned in the bill. This petition was immediately referred to a committce of the whole house.

On the 2d of April a petition was also presented by the governors of Queen Anne's bounty, praying that their rights might also be saved. And on a motion of reference to a committee of the whole house, that was negatived, there being 95 ayes and 143 noes. It was therefore ordered to lie on the table.

On the 5th of April an address was voted for a return of what licences had been granted by the crown, and for

what

what values, to aliene in mortmain, and to purchase and hold in mortmain in perpetuity, since the act of 7 W. III. c. 37, for the encouragement of charitable gifts.*

On the 8th of April a petition was presented against the bill by the trustees of the several charity-schools-of London, Westminster, Southwark, and bills of mortality, and other places, stating that the bill would prevent many charitable donations for the promotion of the schools, which were so far from having large endowments in land or money, that very few had so much as a school-house; and that as the voluntary contributions did not equally and regularly answer the constant expences, the trustees in several places had been obliged to reduce the number of children, and in others the schools had been entirely laid down, for want of means to support them; and therefore, after stating their extent and utility, prayed that they might be excepted out of the bill.

On the 15th of April the bill was read a third time, and passed upon a division-ayes, 176; noes, 72; and Mr. Gybbon, the chairman of the committee, was ordered to carry it to the Lords.

On the 16th of April the bill was carried to the Lords, Journ. Dom. read a first time, and ordered to be printed.

On the 20th of April the governors of Queen Anne's bounty renewed their petition, which was ordered to lie on the table. The bill was committed to the whole house for that day fortnight, and the Lords ordered to be summoned.

The governors of the charity for relief of poor widows and children of clergymen also presented a petition against it, praying, that as they were advised the bill would not only affect the future interest of their corpo

This return does not appear upon the Journals of the Commons, but was made to the Lords on the 19th of April."

Proc.