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. Domi 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.

ration, but also some of the estates which were then vested in them by law, they might be heard by counsel against it. A similar petition of the incorporated society for the propagation of the gospel in foreign parts was also presented, stating their apprehensions that the powers conveyed to them by their charter might be taken away, or rendered doubtful. These were ordered to lie on the table.

On the 5th of May the master, &c. of Trinity College, Cambridge, likewise presented a petition, stating, that they were endowed with the patronage and advowson of many small livings, and apprehended they should be restrained from receiving benefactions; and praying that they might be enabled to sell such of their small livings as they might think proper, which, instead of being of advantage to the college, was a great burden to them. Ordered to lie on the table.

On the 6th of May Lord Delawar reported from the committee, that they had gone through the bill, and made one amendment thereto.

On the 11th of May this amendment, namely, (the addition of the 2d section) was proposed by the comImittee of the whole house, and agreed to. And it was also proposed to omit the words at the close of the first enacting clause" and unless the same be made to take effect, &c. &c."--which being objected to, it was resolved that they should stand part of the bill.

On the 13th of May the bill passed by a majority: dissentient-Abingdon, Montjoy, Northampton, Oxford and Mortimer, Stafford, Beaufort, and Lichfield.

On the 14th of May it was returned to the Commons, who agreed to the amendment.

On the 20th of May, this, with other bills, received the royal assent. We now proceed to the statute itself.

The preamble recites, that gifts and lands in mortmain

are

are prohibited or restrained by Magna Charta, and divers 9 H. 3. c. 86. other wholesome laws as prejudicial to and against the common utility; nevertheless, this public mischief had of late greatly increased by many large and improvident alienations, or dispositions, made by languishing and dying persons, or by other persons to uses, called charitable uses, to take place after their deaths, to the disherison of their lawful heirs. For remedy whereof

It is enacted, "That after the 24th of June, "1736, no manors, lands, tenements, rents, "advowsons, or other hereditaments, corporeal "or incorporeal whatsoever, nor any sum of "sums of money, goods, chattels, stocks in the

public funds, securities for money, or any other "personal estate whatsoever, to be laid out or disposed of in the purchase of any lands, tene"ments, or hereditaments, shall be given, grant❝ed, aliened, limited, released, transferred, as

66

signed or appointed, or any ways conveyed or "settled, to or upon any person or persons, bodies "politic or corporate, or otherwise, for any estate " or interest whatsoever, or any ways charged or "incumbered by any person or persons whatso ever, in trust or for the benefit of any charita "ble uses whatsoever; unless such gift, convey66 ance, appointment, or settlement of any such "lands, teneinents, or hereditaments, sum or sums "of money, or personal estate (other than stocks "in the public fuuds) be and be made by deed ❝ indented, sealed, and delivered in the presence "of two or more credible witnesses, twelve calen"dar months at least before the death of such "donor or grantor (including the days of the "execution and death), and be inrolled in his "majesty's

64

9 G. 2. c. 36.

sect. 1. No manors, lands, &c. nor money to be laid out in lands to be given for charitable uses

unless by deed inrolled, &c.

Sect. 2.

Said limitations not to extend to purchases or transfers made for valuable considerations.

Sect. 3.

Gifts, &c: otherwise made to be void.

66 majesty's high court of Chancery, within six "calendar months next after the execution there"of; and unless such stocks be transferred in "the public books usually kept for the transfer "of stocks, six calendar months at least before '" the death of such donor or grantor (including "the days of the transfer and death), and unless "the same be made to take effect in possession "for the charitable use intended immediately

ever,

from the making thereof; and be without any power of revocation, reservation, trust, condi❝tion, limitation, clause or agreement whatsofor the benefit of the donor or grantor, or "of any person or persons claiming under him. "Proviso, That nothing therein-before-men"tioned relating to the sealing and delivering of 60 any deed or deeds twelve calendar months at

least before the death of the grantor, or to the "transfer of any stock six calendar months be"fore the death of the grantor or person making "such transfer, shall extend, or be construed to "extend, to any purchase of any estate or interest "in lands, tenements, or hereditaments, or any "transfer of any stock, to be made really, and "bona fide, for a full and valuable consideration "actually paid at or before the making such conveyance or transfer, without fraud or collusion.

"That all gifts, grants, conveyances, appoint"ments, assurances, transfers, and settlements "whatsoever, of any lands, tenements, or other "hereditaments, or of any estate or interest there"in, or of any charge or incumbrance affecting "or to affect any lands, tenements, or heredita"ments, or of any stock, money, goods, chattels,

or other personal estate, or securities for money

"to

"to be laid out or disposed of in the purchase of "any lands, tenements, or hereditaments, or of any estate or interest therein, or of any charge " or incumbrance affecting or to affect the same, "to or in trust for any charitable uses whatso"ever, which shall at any time from and after the "said 24th June, 1736, be made in any other "manner or form than by this act is directed and appointed, shall be absolutely, and to all intents " and purposes, null and void.

་་

"Proviso, That this act shall not extend, or be "construed to extend, to make void the disposi"tions of any lands, tenements, or hereditaments, or of any personal estate to be laid out in the "purchase of any lands, tenements, or heredita66 ments, which shall be made in any other man"ner or form than by this act is directed, to or in ༦ trust for either of the two universities, within "that part of Great Britain called England, or any "of the colleges or houses of learning within "either of the said universities; or to or in trust "for the colleges of Eton, Winchester, or West❝minster, or any or either of them, for the better 'support and maintenance of the scholars only, upon the foundations of the said colleges of "Eton, Winchester, and Westminster.

"And that no such college or house of learning "which doth or shall hold or enjoy so many ad"6 vowsons of ecclesiastical benefices, as are or shall "be equal in number to one moiety of the fellows "or persons usually stiled or reputed as fellows, << or, where there are or shall be no fellows or "persons usually stiled or reputed as fellows, to "one moiety of the students upon the foundation, whereof any such college or house of learning "doth

Sect. 4.

But not to prejudice the universities, &c.

Sect. 5.

No college to hold more advowsons than equal to one moiety of their fellows, &c. Repealed by 45

G. 3. c. 101.