52, c. 101. (Summary remedy against abuses of charities), 401, 404, 481 58, c. 45, s. 33.-(Church commissioners enabled to take lands) 54, 686 58, c. 91.-(Appointment of charity commissioners) 59, c. 12, s. 8.-(Enabling churchwardens and overseers to build 3, c. 72, ss. 10, 11.—(Church building commissioners) 5, c. 58. (Charity commissioners) 5, c. 39.-(Enabling the trustees of British Museum to hold lands, 57, 241 10, c. 7, ss. 10, 12.-(Enabling papists to hold places under the 10, c. 25.-(Enabling persons to give lands, and any interest therein, WILLIAM IV. 1, c. 21, s. 6.—(Costs of mandamus) 1 & 2, c. 34. (Appointment of charity commissioners) 397 309, 310 398 321 2, c. 57, s. 4.-(Enabling charity commissioners to appoint persons to receive rent charges) 2 & 3, c. 80.-(Identification of lands of ecclesiastics) 316, 505 798 n. (g), 802, 803 565 70, 75, 112, 113, 115 2 & 3, c. 115.-(Roman Catholic schools and places of religious wor- 3 & 4, c. 9. (Incorporation of Seamen's Hospital Society) 47 3 & 4, c. 27.-(Limitation of Actions) 3 & 4, c. 30.-Exemption of places of religious worship from rates) 4 & 5, c. 76.-(Poor law amendment) 563 784 51, 321 4 & 5, c. 88.—(Incorporation of London and Southampton Railway Company) 5 & 6, c. 30.-Exchange of lands in common fields) 5 & 6, c. 50.-(General highway act) 5 & 6, c. 69.-Conveyance of Workhouses, &c.) 5 & 6, c. 71.-(Appointment of charity commissioners) 57 685, 857 n. 708, 709, 788 985 314-316, 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 cha- 7 Will. III. c. 4.—(Papists prohibited from keeping schools) 32 Geo. III. c. 21, s. 15.-(Dispensing with license to papists) PRIVATE STATUTES CITED. 14 Eliz. (Tonbridge school) 30 Eliz. Tonbridge school) 17 Geo. III. c. 71.-(Rugby school) 39 Geo. III.-(Free Grammar School at Wotton-under-Edge) 49 Geo. III. c. 18.-(Incorporated Clergy Orphan Society) 59 Geo. III. c. 22.-(St. Catherine's hospital, Ledbury) 60 n. (w) 110 n. (b) 110 n. (b) 110 n. (b) 263 553 554 639 511 984 508 48 736 509 335 n. (n), 508 4 Geo. IV. c. 38.-(Incorporation of St. George's Hospital, with power to hold lands, &c.) 6 Geo. IV. c. 56.—Waddington Hospital). 7 Geo. IV. c. 29.-(Bedford charity) 1 & 2 Will. IV. c. 17.-(Birmingham school) (a) See Table of Irish Statutes, post, pp. 889, 890. CORRIGENDA. P. 47, line 33, for Seaman's read Seamen's. 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. (q) 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. A PRACTICAL TREATISE OF The Law of Mortmain, &c. &c. &c. CHAPTER I. OF THE STATUTES RESTRAINING ALIENATIONS IN MORTMAIN, AND OF THE DISPENSATION WITH SUCH STATUTES. SECT. I.-Of the Statutes restraining Alienations in Mort main. II. Of the different kinds of Corporations. III.-Of Licenses to hold Lands in Mortmain. IV. Of the Dispensation with the Statutes of Mortmain in favour of particular Corporations. SECTION I. 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) 1 Rapin, 478, fol. ed.; Fuller's Hist. of the Church, book iii. B 77; Ayliffe's Parergon, 376-378; 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 mortuâ 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 (b) See 1 Reeves's Hist. 240. (c) Giannone, 1. iii. (d) 1 Ves. sen. 223. (e) Ordonnances des Rois, 213303; Amortisement in Denisart and other French law books; Du Cange Manus mortua; Fleury Instit. au droit, t. i. 350; Hallam's Midd. Ages, vol. ii. 320, 8vo. ed. (f) 2 Bl. Comm. 268. (g) Some have said, that it is called mortmain, manus mortua, quia pos |