statute, "donor or grantor," are here synonimous; and as they apply solely to the benefactor, cannot be construed to restrain any such conveyance from trustees, or to require that in order to render valid their conveyance, they should survive such an act twelve calendar months.

This statute prescribes that this grant should be attested by two or more witnesses; but the statute of frauds, 29 Car. II. prescribes three witnesses; and as that was not repealed, it seems that all declarations of trust of real estate for a charity, must be in writing, and an appointment for such object, if it is not to operate till after the death of the party, and respects real property, must be attested by three witnesses: for such deed of appointment is testamentary, and regards land, and that is Roberts on St. enough to bring it within the statute, whatever may be its form.

Frauds, 359,

note.

After the first, from one or more remaining to new trustees, inrollment has not been held to be necessary under the first or third sections, for they point only to such gifts as are limited by the first section, and this appears by the concluding words, "made in any other manner or form, &c." but many have been inrolled for safety.

Although purchases for a valuable consideration are excepted by section 2, yet it has been held that inrollment, though not there excepted, is necessary under section 1, in order to make the grant public: it is there fore implied, but it is not mentioned in the 3d section; and the "making in any other manner," &c. applies to the period of twelve or six months. Hence it should seem that such a deed not inrolled, would not be void by this section; the voidance is the penalty, and penalties are to be strictly construed; if the inrollment can be deemed any part of the making of the deed, it is here

provided

provided for, but if not, then the deed is not void without it and if so, then the heir-at-law of any donor or vendor is still excluded, and trustees may convey a safe title to each other; and this more especially where it was originally a purchase: this seems to apply to a first as well as to a future conveyance. If the first purchase deed was inrolled, the trustees, by future conveyances to the same uses, do but continue their trust, they cannot be said to alienate; but to avoid every construction of that nature, as to their alienation, it is most adviseable to take the new conveyances from the surviving trustees to themselves or one of them, and the new trustees, for the same uses as were expressed in the first deed.

It is remarkable that no cases appear by the books to have occurred, where, after gifts of lands, or of stocks to be laid out in lands for charitable uses, by deed inrolled, the donor has died within the time limited, on which event it is presumed the lands would revert to the heirat-law.

6. 3.

By the act in 1805, for aiding the augmentation of 45 G. 3. c. 84. small benefices, gifts of personal estate to the governors of Queen Anne's bounty, without any deed inrolled or not inrolled, are declared to be as effectual as by deed inrolled previous to this act: but this does not alter or affect the law now in force, respecting gifts or conveyances of land by any deed, or the disposition thereof, or of any personal property by will.

Sec. 4.

Either of the two Universities, or the Colleges of Eton, 9 Geo. 2. c. 86. Winchester, or Westminster.] By the exemption conUniversities, &c. tained in the fourth section of the act, in favour of the universities, any land, or personal estate to be laid out in land, may still be disposed of, in trust, for their benefit, or for any of the colleges therein, as it might have been before the date of this statute: but the extension to the colleges of Eton, Winchester, and Westminster, seems confined to any disposition "for the better support " and maintenance of the scholars only upon the foun"dations;" so that if lands, or personal estate to be laid out in lands, were directed by the will to be applied for any other purpose in those colleges, the devise would be void.

sec. 2.

See ante. ch. 1. Exemptions have likewise been since granted at different times by royal charter, under the authority of 7 and 8 Wm. III. c. 37. and by statute to several institutions of charity, and other corporations; a few of which it may be sufficient to mention.

There are also other institutions which have continued to enjoy estates under former statutes or licenses, previous to the date of this act. I have traced them where it appeared to be necessarily within the plan of this work, and where their privileges have been confirmed or extended by subsequent statutes; many of which relate to

their

powers of granting leases, and those will therefore be found in Part III. ch. ii. postea.

1739.

The act for establishing and well governing the hospital 12 Geo. 2. c.31. or infirmary at Bath, for the benefit of poor persons who Ante. 365. may require to drink the medicinal waters there, incor- Bath Infirmary. porates the governors with directions for the reception of patients, who are not to obtain a settlement by their admission. Provides that the money which shall arise by sale of lands, &c. shall be laid out in the purchase of others for the use of the corporation; and prescribes the venue in all actions to be laid in the county of Somerset.

The utility of this infirmary having been made sufficiently manifest to induce further encouragement, an act was passed in 1779, empowering the corporation to take and acquire and hold any lands, tenements, or hereditaments, or any interest in lands, &c. pursuant to any will or otherwise, according to the limitations of the foregoing act; and devises were declared valid, although not made conformable to the statute of mortmain.

19 Geo. 3. c.23.

The words in the act are to be considered as in a 2 Vezey, 53. charter. The charter of incorporation was only granted Mogg v. Hodges by parliament to avoid expence to the promoters of the charity, who were forced to apply to parliament for some other powers, which the crown could not grant: therefore the charter was inserted in the act, and is to be construed as any other charter given by the king only. This particular clause was inserted to avoid the trouble of applying for a license in mortmain, and is to be considered as such a license: the governors are thereby empowered to take lands to such a value, but still with a proviso that they are granted to them in the manner prescribed by that law.

The London hospital, in Whitechapel-road, was incor- 32 G. 2. 9 Dec. London Hospiporated, A. D. 1759, by royal charter, granting to the tal.

Foundling Hos.

governors, and their successors, to be for ever thereafter persons able and capable in law, and to have power, notwithstanding the statutes of mortmain, to purchase, have, take, hold, receive, and enjoy, to them and their successors, manors, messuages, lands, rents, tenements, annuities, and hereditaments, of what nature or kind soever, in fee, and in perpetuity, or for terms of lives or years, not exceeding the yearly value of 4000l. in all issues beyond reprises, so far as they are not restrained by law; and all manner of goods, chattels, and things whatsoever, of what nature or value soever, for the better support and relief of the poor under their care. And also to sell, grant, demise, exchange, and dispose of any of the same manors, messuages, lands, rents, tenements, and hereditaments, whereof or wherein they shall have any estate or interest. And with full license, power, and authority to any person or persons, bodies politic or corporate, their heirs and successors respectively, to give, grant, sell, alien, assign, devise, bequeath, or dispose of in mortmain, in perpetuity or otherwise, to, or to the use and benefit of, or in trust, for the governors of the London hospital, and their successors and assigns, manors, messuages, lands, tenements, rents, hereditaments, annuities, sum and sums of money, goods, and chattels whatsoever, not exceeding the yearly value of 4000l. above all charges and reprises for the charitable purposes above-mentioned, in any manner not repugnant to, or made void by the statute passed in the 9th of Geo. II. c. 36.

The Foundling hospital was established at the instance of Thomas Coram, Esq. by royal charter, in 1740, and incorporated by the style of "The Governors and Guardians of the Hospital for the maintenance and education of exposed and deserted young Children :" the

powers