Imatges de pàgina

c. 60.-(Trustee act)

c. 70.-(Abolition of Welsh jurisdiction)

c. 74.-(Authorising the Royal Exchange and London Assurance
Companies to purchase annuities)



1, c. 21, s. 6.—Costs of mandamus)


1 & 2, c. 34.-(Appointment of charity commissioners)

309, 310

1 & 2, c. 58.-(Interpleader act)


1 & 2, c. 60, s. 39.-(Parish vestries)


2, c. 57, s. 4.–(Enabling charity commissioners to appoint persons
to receive rent charges)

316, 505
2 & 3, c. 45.—(Parliamentary reform)

798 n. (g), 802, 803
2 & 3, c. 71.-(Prescription)

2 & 3, c. 80.-(Identification of lands of ecclesiastics) 415, n. (w).
2 & 3, c. 115.—(Roman Catholic schools and places of religious wor-

70, 75, 112, 113, 115
3 & 4, c. 9. -(Incorporation of Seainen's Hospital Society)


3 & 4, c. 27.-(Limitation of Actions)

563 3 & 4, c. 30.—Exemption of places of religious worship from rates) 784 4 & 5, c. 76.—(Poor law amendment)

51, 321 4 & 5, c. 88.—(Incorporation of London and Southampton Railway Company)

57 5 & 6, c. 30.-(Exchange of lands in common fields) 685, 857 n. 5 & 6, c. 50.-(General highway act)

708, 709, 788 5 & 6, c. 69.-Conveyance of Workhouses, &c.)

985 5 & 6, c. 71.—(Appointment of charity commissioners) 314—316, 430 5 & 6, c. 76.–Regulation of municipal corporations) 323 n. 507, 672,

676-679, 726, 807


STATUTES CITED RELATING EXCLUSIVELY TO IRELAND (a). 10 Charles I. sess. 3, c. 1.—(For compelling the performance of charitable trusts)

60 n. (w) 7 Will. III. c. 4.—(Papists probibited from keeping schools) 110 n. (6) 21 & 22 Geo. III. c. 62.-(Repealing penalties on Roman Catholics)

110 n. (6) 32 Geo. III. c. 21, s. 15.—(Dispensing with license to papists) 110 n. (6) 40 Geo. III. c. 75.-(Charity commissioners in Ireland)


PRIVATE STATUTES CITED. 14 Eliz.—(Tonbridge school)

553 30 Eliz.—(Tonbridge school)

554 17 Geo. III. c. 71.-(Rugby school)

639 39 Geo. III.-(Free Grammar School at Wotton-under-Edge) 511 49 Geo. III. c. 18.—(Incorporated Clergy Orphan Society)

984 59 Geo. III. c. 22.—(St. Catherine's hospital, Ledbury)

508 4 Geo. IV. c. 38.-(Incorporation of St. George's Hospital, with

48 power to hold lands, &c.) 6 Geo. IV. c. 56.—Waddington Hospital).

736 7 Geo. IV. c. 29.-(Bedford charity)

509 1 & 2 Will. IV. c. 17.-(Birmingham school)

335 n. (n), 508

(a) See Table of Irish Statutes, post, pp. 889, 890.

P. 47, line 33, for Seaman's read Seamen's.
P. 55, n. (i) for 3 Geo. VI. read 3 Geo. IV. c. 72.
P. 73, line 5, dele s. ll.
P. 103, line 21, before still, add is.
P. 144, line 6, after devises, add of lands.
P. 170, line 32, after being, add of the parishes.
P. 219, line 10, before had, add the testatrix.
P. 283, line 26, for case read use.
P. 314, line 7, for has read have.

line 24, after to, add issue.
P. 352, dele the last line.
P. 393, line 26, for a read an.
P. 408, line 13, for it read them.
P. 453, n. (9) for 2 Sid. read 2 Id.
P. 455, line 28, for limitation read limitations.
P. 460, line 25, dele and.
P. 928, line 4, for real read such.




The Law of Mortmain,

&c. &c. &c.




Sect. I.Of the Statutes restraining Alienations in Mort

II.-Of the different kinds of Corporations.
III.–Of Licenses to hold Lands in Mortmain.
IV.Of the Dispensation with the Statutes of Mort-

main in favour of particular Corporations.


Of the Statutes restraining Alienations in Mortmain. THE

great and increasing accumulation of property in the hands of monasteries and religious houses soon after the Conquest, and the consequent extension of the papal and ecclesiastical power in this kingdom, appear, by our historians, to have been viewed in the light of national grievances (a).

(a) i Rapin, 478, fol. ed.; Ful- 77; Ayliffe's Parergon, 376—378; ler's Hist. of the Church, book iii. Prynne's Hist. Edw. I. 236.


The restraints on alienations to bodies having perpetual succession, were originally imposed by the Legislature, to check the acquisition of lands by ecclesiastical bodies; and to secure to the lords of whom lands were holden, the incidents of the feudal tenures (b). Since the abolition of those tenures, the chance of escheat is the only material interest of such lords which is affected by alienations to corporate bodies.

The laws now in force, prohibiting corporations from holding lands, without license in mortmain, are founded upon the same policy as the rule against perpetuities—to prevent lands from being withdrawn from commerce and rendered unalienable.

Prohibitions of gifts in mortmain, though unknown to the lavish devotion of the new kingdoms, had been established by some of the Roman emperors, to check the overgrown wealth of the hierarchy (c). It is said, that about the third century, laws were made by one of the Christian emperors, to prevent the mischief of mortmain (d). The first attempt at a limitation of this description in modern times, was made by Frederick Barbarossa, who, in 1158, enacted, that no fief should be transferred, either to the church or otherwise, without the permission of the superior lord. Louis IX. inserted a provision of the same kind in his establishments (e).

Alienation in mortmain, in mortua manu, is an alienation of lands or tenements to any corporation, sole or aggregate, ecclesiastical or temporal. But these purchases having been chiefly made by religious houses, in consequence whereof the lands became perpetually inherent in one dead hand, this hath occasioned the general appellation of mortmain to be applied to such alienations, and the religious houses themselves to be principally considered in forming the statutes of mortmain (f). Lord Coke, after mentioning the conjectures of others, upon the origin of the term (g), says, that the true

(6) See 1 Reeves's Hist. 240. Manus mortua ; Fleury Instit. au (c) Giannone, I. iii.

droit, t. i. 350; Hallam's Midd. (d) i Ves. sen. 223.

Ages, vol. ii. 320, 8vo. ed. (e) Ordonnances des Rois, 213— (f) 2 Bl. Comm. 268. 303; Amortisement in Denisart and (g) Some have said, that it is called other French law books ; Du Cange mortmain, manus mortua, quia pos

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