Imatges de pàgina
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Mary, Q. her disinclination to the
reformation, 33- Her accession
checked it, 39-Marriage, she re-
scinded her father's acts, 40--Her
single act of clemency, 40-Her
martyrs, 40

Mercers' company, its incumbrances,
leases, and meeting-house exempt-
ed from poor-rate, if no profit made,
486-Annuities, &c. 466
Merchant-taylors' company, how con-
nected with St. John's, 323
Military tenures abolished by Car. II.
349

Ministers, legacy for good, 64, 134—
Not if charged on land, 190-Not
in 43 Eliz. 191-Not a charitable
use, 191

Misemployment of a gift, when, 416
Misnaming, &c. 237, 275-Of testa-
tors' property, 274-Two claim-
ants, 275

Monastic life, 5-Institutions, their
origin, establishment, and decline,
1, 4, 6-Gifts to them, 6-Re-
sources for raising a revenue, 7—
Causes of decline, 8-Extent of
possessions in England, 14-In
Edw. I. 16-Suppressed by degrees,
28-Abuses discontinued, 29-Had
lands in England after their dissolu-
tion, 306

Monks richer than friars, why, 8-

Their great entertainments, 38
Money given to avoid devise, 120-
Bequeathed out of real estates, 124
-Devised over, 145-Not to be
laid out in charity, 148-And this
as to estate in possession, or in others

2 Q

possession, 154-May be given for
meliorating, 159-To compleat a
purchase, 161-In lands or other-
wise, good, 174-To be invested
until purchase, void, 177-To be
laid out in lands, void, 179, 181,
184-Or with discretion in trustees,
and to their satisfaction, good, 180
-For augmentation of poor vicar-
ages, 181-To a perpetual charity,
may be invested in funds, 217—
If no necessity to apply to the court,
may be laid out, 218-To build,
good, 219--To be laid out in real es-
tate is void, 220-On ground hired,
not purchased, 221-To be invest-
ed till laid out, 223-In building a
parsonage, 224-In repairing a
chapel, 224, 7. See Bequest, Le-
gacy-Lent at interest,519, and seq.
Montes pietatis explained, 519
Mooring chains, lease for, given to a
charity, 136

Morden college, 463, 470
Mortgage in fee within the statute,
136, 149, and seq.-The legal and
equitable interest, 151-How pro
hibited by the statute, 153-For a
charity in Ireland, 155.-What in-
quiry thereon necessary 157-De-
vise to redeem on a chapel, 158-
Part of a residue bequeathed, 188-
Void to papists, 216-Of a college
lease, 443
Mortmain, the origin of the restraints,

12--By Magna Charta, 12-Reason
of that clause, 12--Origin of li-
censes, 13-Restraints by Moses,
by Theodosius, &c. 16-Allowed

for

for 20 years, 40-History of the
last statute, 83-The last statute,
87-Its effect, 92-Not to be used
to cover a fraud, 119-Left per-
sonal estate at liberty, 152-Its ex-
teut. 152-Its construction, 159–
The statute not against perpetual
charities how, but against lands be-
coming unalienable, 175-The sta-
tute explained by Lord Hardwicke,

183

Moses restrained gifts to the taber.
nacle, 16

Mundy's will for building a parsonage,

224

NASH, Mrs. her will for a school, 226
Naylor's will for the poor of Leeke,
174

Nethersole's will, 313

Newport school, 137-Exempted from,
poor rate, 486

Nomination of objects on a grant of
rent-charge, 244-The right is in
the founder, 245-Supplied by the
court, 245-In the queen dowager,
246-Not grantable in reversion,
423-To a chapel is not acquired
by a lessee who erects it, 451
Non obstante, 4-Abolished, 96-
The act of Wm. III. 98
Norton, Richard, his will, 238
Notice, of a charitable use of purchase,
without, 57, 62-Must be in the
same transaction, 63

Nuisance defined, 528-How prose-
cuted, 530

OBJECT not capable, how far legacy

is applicable to other purpose, 165
—If none, 278, 304, 336-Must
be defined if trust be unlimited,
281--If two, and one fail, 313,

317

Ordinary cannot visit royal founda-
tions, 397

Orphan school case under Davis's will,

231-How supported, 235

Osbaldeston, his devise to Greenwich
hospital, 464

Outlawry added to restraints in mort-
main, 21

PACKER'S will to purchase alms-
houses, 221

Painters' company, trustees of Stock's,
Shank's, and Smith's charities for
the blind, 296, 418

Papists, devises for, void, 108—The
act against, how construed, 153–
Cannot maintain ejectment on ele-
git, 177-Cannot take a mortgage,

216

Farens patriæ, 56. See Crown
Parish misnamed, 244-To poor in-
habitants of, 247

Parishioners. See Evidence
Parkins' will, a devise to purchase,
197

Parliament devoted to Hen. 8, 42
Parson takes lands for a charity, 67
Parsonage houses and glebe are rate-
able to poor, 488

Patron, his power of visiting or ap-
pointing, 397

Pennington's charity, 242
Perpetual charities in stock, good,
176

Personal

Personal estate how bequeathed to a
charity, 173, 5

Phillips, Wm. his will for preaching

at Lyndhurst, 123

Pictures bequeathed to charity, 173
Plantations in West Indies devised to

charities, good, 394

Pole, Cardinal, his arrival, 40
Poor of a parish entitled to prefer-
ence of its contributions, 64. See
Rates

Poor relations, 187, 242

of any city, &c. gift for, 241-
In general, 257

rate on charities and hospitals,
483-Whether it be a public tax,
485-Not chargeable if no profit
be made, 486-Not charged on
matron of a charity, 489-Charged
on Rich's alms-houses at Felsted,
490

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Postnati of America, 214
Practice, notes thereon, relators, 558
-Information not dismissed when,
558-Prohibition, 558-Writ De
ventre inspic. 559-Claiming conu-
sance, 559- Commission under
statute of Eliz. 560-New relator,
561-Exceptions, 561-Informa-
tion not dismissed, 561—Where no
objects, 561-Proper parties, 561-
Terre-tenants, 562-Not particu-
larly named, 562-Confirmation of
an agreement or award, 563-At-
torney-general's consent, 563-
When information dismissed for
corruption, 563-Trustees of a
parish, advowson, and nomination,
564-Free-school, 564-Injunc-

2 a 2

tion, 564-Abuse of trust, 564—
Legacies equal, 565-Relator's con-
sent, 565-Proposal for a purchase
of land, 565-Copyhold devised by
will not attested, 565- Statute of
frauds not abrogated, 566-Visitor,
566-Lord-chancellor as visitor as
to costs, 566-Costs to relators, 566
-If trustees suppress or conceal,
567--Of appointment of them from
a place different to that directed,
567—Individual members, 567 —
Demurrer to discovery, 567-At-
tornies, &c. parties, 568-Account
of property, 568-Officers of cor-
porations parties, 569, 670-Sir V.
Gibbs's requisition, 571-Failure of
purposes, 571-Rule to search books
refused, 572

Pramunire added to restraints of mort-
main, 21

Preaching, legacy for, whether a cha-
ritable use, 196

Presentation delayed two months, and
lost, 312

Prisoners for debt, legacies protected,
72

Prohibition lies sgainst visitors. 396
Property duty on charities and col-
leges, 500-How returned, 501,
and seq.

Protectors of Edw. VI. 39
Provisors, statute of, 21
Public charity defined, 503-Friendly
societies are so, 541-Fully con-
sidered, 550
Purchase of offices by making govern.
ors, 51-Without notice of a rent
or charitable use, 65-How far re-
strained,

strained, 94-Of lands by license,
95

QUAKERS tolerated, bequests for,
good, 147

Quelch's will for lying-in hospital, 275
Queen dowager retains right of nomi-
nation, 246

Quia emptores, statute of, 20

RATCLIFFE, Dr. his charity, 182-

Will for advowsons, &c. 388
Rates for the poor, or county, void
legacies to charity, 171

Real securities given to charity, void,
156, 188-If assigned by next of
kin, 188

Rebuilding and repairing is a good ap-

plication, when 450

Receivers cannot bring ejectment
without leave, 351

Recoveries, their origin, 18-To avoid

the act, 155

Redman, J. his will, 367

Reformation, a short view of the mo-
tives for, 42-Its effect on charita-
ble institutions, 10

Relations poor, 242-General bequest
for, 246

Religiosi, their excesses, 38-Statutes
of, 15, 18, 20

Religious books, charity for, how con-

sidered, 129

Remainder bequeathed to charity,
308. See Residue
Renewals, perpetual of leases, 456
Rents, within the statute, 132-Their
increase go to the charity, 135-Not
for the heir-at-law, 137

Rents and profits, are words that pass
the land, 152

Rent charge, purchased without no-
tice of a charitable use, 62-De-
vised to a charity, void, 156—Dif-
fers from annuity, 157
Repairing, &c. legacy for, 168, 213
-A chapel, 224-7
Representatives, may select objects
when, 277

Republication of a will, made before
the statute, 15, 18
Residue, bequeathed at discretion of
executors, 169-Secured upon rates
and tolls, void, 170-The whole, if
bequeathed, must be applied, 189
-Bequest of account, &c. 216—
To be laid out in land, 234--How
far bad, 360, 366-A different mode
recommended, 367

Resolution in a minute-book not a
binding contract, 474

Rich, Sir Robt. his bequest of pic-
tures, 173

Rich, Lord, his alms-houses at Fel-
sted, rated to poor, 490
Rolls liberty, 63

Roman Catholic education, a supersti-
tious use, 34-Priests, the like, 36
-See Papists
Ross school, 225
Royston school, 225

Rugby school, 328, 376

Rules of a corporation, or charity, are
private, 49

SALE of votes, or presentations, 51
Savoy founded, 202

Schism, the reformation so stiled, 40
Schools

Schools now held within the statute of
Eliz. 64-Devises for, if without
building, 126-If legacy for, more
than sufficient, 187-Implies lo-
cality, 217-How visited, 400
Scots' hospital founded, 72
Scott's will for Ross school, 225
Scotland excepted from the statute of
mortmain, 90, 394

Scriptures in the English language, 28
Scutatus, its value, 520
Seabury, Bishop, 214

Secker, Archbishop, his will, 212
Secret trust, 106, 110, and seq.
Selection of objects for a charitable

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Stock John, his charity for the blind,
296

in public funds, how bequeathed
for charity, 173-If in the name of
the accountant-general, if given to
a permanent charity, 276
Stratford, Archbishop, to Edw. III.
his measures and object, 20
Subinfeudations abolished, 20
Summa caritas est, &c. 204
Superstitious uses abolished, 26, 445
-Defined, 59, 445-Statute on,
19, 33, 445

Supremacy of the three estates esta-
blished, 28

Surgeon, a legacy to provide one for
an hospital not a charitable use,
191

Surrender of a copyhold supplied, 102,

105-Of leases, 436, and seq.
Does not disturb under-tenants, 439
Sutton's hospital, an intended use,

200-Its institution and leases, 442
Syderfen's will and case stated, 257

TANCRED'S will of advowsons, 384
Tawney's alms-houses at Oxford, 138
Taxes, abolition of them on all cha-

rities recommended, 478-Where
no occupier or any profit made,
487-On lands let out, 488, 491—
Not charged on a matron of hospi-
tal, 489-Not charged, unless the
occupation be beneficial, 492
Temple founded, 202

Tenancy of a corporation determined
on notice, 441

Tenant-in-tail may appoint to a cha-

rity, 60

Tenths,

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