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Rent a valid consideration
such enrolment shall have the same effect as the enrolment of the original deed would have had.
4. Every full and bonâ fide valuable consideration within the within 9 Geo. 2, meaning of the 24 Vict. c. 9, s. 1, which shall consist either
wholly or partly of a rent or other annual payment reserved or made payable to the vendor or grantor, or to any other person, shall for the purposes of 9 Geo. 2, c. 36, he as valid, and have the same effect, as if such consideration had been a sum of money actually paid at or before the making of such conveyance, without fraud or collusion.
Oharitable Trust Deeds Enrolment Act.
29 & 30 Vict. 0. 57. Enrolment after By this Act the [Chancery Division) if satisfied that such deed time gone by.
was made bonâ fide for full and valuable consideration, may make an order as therein mentioned authorising the enrolment thereof, although the time limited for that purpose has gone by ; or where such deed has been lost or destroyed by time or accident, and the trusts thereof sufficiently appear by some subsequent deed, may make an order authorising the enrolment of such subsequent deed. The deed or subsequent deed must be enrolled within six months from the date of the order.
Religious, &c., Building (Sites) Act.
31 & 32 Vict. C. 44. Exemption from 1. Grants, conveyances, leases, or other dispositions, except by of certain grants will, bonâ fide made after the passing of this Act, to a trustee or for buildings for trustees for religious purposes, or for the promotion of education,
arts, literature, science, or other like purposes, of land for the erection of buildings for such purposes, or whereon buildings used or intended to be used for such purposes shall have been erected, shall be exempt from the Mortmain Act, and also from sect. 2 of the 24 Vict. c. 9. Provided that such disposition shall have been made for valuable consideration actually paid upon or before the making of the same, or reserved by way of rent or annual payment, or partly paid and partly reserved, without fraud or collusion; and provided such land do not exceed two acres in each case.
2. The trustees may at any time cause such disposition to be enrolled in Chancery.
3. It shall no longer be necessary to acknowledge deeds in order to be enrolled in Chancery.
8. 3 of 23 & 24
The Charitable Trusts Act, 1869.
32 & 33 Vict. 0. 110. 4. A notice under sect. 3 of 23 & 24 Vict. c. 136 (p. 53) need Notice under not be sent by the Charity Commissioners to any trustee or Vict. c. 136. administrator of a charity who has been party or privy to the application to the board upon which they exercise their jurisdiction.
5. An application to the board of Charity Commissioners, for Applications the purposes of the Charitable Trusts Acts, 1853 to 1869, when
6. Powers of board on application.
10 and 11. As to appeals under sect. 8 of the Charitable Appeals. Trusts Act, 1860.
12. Where the trustees or persons acting in the adminis. Powers of tration of any charity have power to determine upon any sale, exchange, partition, mortgage, lease, or other disposition of any property of the charity, a majority of those trustees or persons who are present at a meeting of their body duly constituted and vote on the question, shall have full power to execute and do all such assurances, acts, and things as may be requisite for carrying any such sale, &c., into effect, and all such assurances, acts, and things shall have the same effect as if they were respectively executed and done by all such trustees or persons for the time being and by the official trustee of charity lands.
13. The majority of the trustees of any charity, if authorised Proceedings by by the board, may institute and maintain any action or other proceeding as if they were the sole trustees of the charity.
Where the trustees, or the majority of the trustees of any charity institute and maintain any action or other proceeding under the authority of the board, such action or other proceeding shall not abate or become discontinued or of no effect by reason of the death or removal from office of any of the trustees, or of the addition of any new trustee.
14. As to application by exempted charities to have the benefit Exempted of the Charitable Trusts Acts, 1853 to 1869, or any of the pro
charities. visions thereof.
Charitable Funds Investment Act.
33 & 34 Vict. 0. 34. 1. Corporations and trustees holding money in trust for any Investment of public or charitable purpose, may invest the same in real securi- charity funds.
Where equity of redemption liable to foreclosure.
ties authorised by, or consistent with the trust, without being deemed to have become possessed of any land within the meaning of the laws relating to mortmain.
2. In every case in which the equity of redemption of premises comprised in any such security shall become liable to foreclosure, or otherwise barred or released, the same shall be thenceforth held in trust to be sold, and shall be sold accordingly; and if any decree shall be made in any suit for redeeming or enforcing such security, such decree shall direct a sale (in default of redemption) and not a foreclosure.
Certain gifts of land to be valid.
The Public Parks, Schools, and Museums Act, 1871.
34 VICT. C. 13. 4. Gifts and bequests by deed, will, or codicil, of land, or money to be laid out in land, for a public park, school-house for an elementary school, or a public museum, shall be valid, notwithstanding the Mortmain Act.
5. All such gifts and bequests, not made for valuable consideration, shall be made twelve months before the donor's death, and be enrolled in the books of the Charity Commissioners within six months after the instrument creating the same comes into operation.
6. Limits beyond which land may not be given by will or codicil : For one public park, 20 acres; for one public museum, 2 acres; for one school-house, 1 acre.
7. Nothing in this Act shall invalidate any gift or assurance which would have been valid if this Act had not passed.
The Charitable Trustees Incorporation Act, 1872.
35 & 36 Vict. c. 24. 1. After the passing of this Act the trustees of any charity for religious, educational, scientific, or public charitable purposes, may apply in the manner mentioned in the Act to the Charity Commissioners for a certificate of registration of such trustees as a corporate body, and the commissioners may, if they think it expedient, grant the same subject to such conditions or directions as they shall think fit to insert therein relating to the qualifications and number of the trustees, their tenure, or avoidance of office, the mode of appointing new trustees, and the custody and use of the common seal.
Such trustees shall thereupon become a body corporate by the name described in the certificate, and shall have perpetual succession, and a common seal, of which the device shall be approved by the commissioners, and power to sue and be sued in
Effect of incorporation.
their corporate name, and to hold and acquire, notwithstanding the statutes of mortmain, and by instruments under their common seal to convey, assign, and demise any present or future property, real or personal, belonging to such charity, in such manner as such trustees might without incorporation hold or acquire, convey, assign, or demise the same, for the purposes of such charity.
Nothing in this Act shall extend, modify, or control any of Saving clause. the provisions of the 9 Geo. 2, c. 36, or make valid any gift, grant, or purchase which would be invalid thereunder.
5. After incorporation, and notwithstanding the same, the Liability after trustees shall be chargeable for such property as shall come into incorporation. their hands, and shall be answerable and accountable for their own acts, receipts, neglects, and defaults, and for the due administration of the charity and its property, as if no incorporation had been effected, and the commissioners shall continue to have the same control over them as if not incorporated.
11. Every contract made or entered into by the trustees, Contracts. which would be valid according to the rules of the charity if no such incorporation had taken place, shall be valid, although not made or entered into under the common seal.
13. If the clerk of enrolments for the time being shall be Enrolment satisfied, by affidavit or otherwise, that the deed, assurance, or other instrument conveying or charging the hereditaments, estate, or interest for charitable uses, was made really and bond fide for full and valuable consideration actually paid at or before the making or perfecting thereof, or reserved by way of rentcharge or other annual payment, or partly paid at or before the making or perfecting of such deed, assurance, or other instrument, and partly reserved as aforesaid, without fraud or collusion, and that at the time of the application to the said clerk of enrolments, possession, or enjoyment is held under such deed, assurance, or other instrument, and that the omission to enrol the same in proper time has arisen from ignorance or inadvertence, or from the destruction thereof by time or accident, it shall be lawful for the said clerk of enrolments to enrol the deed, assurance, or instrument to which the application relates, or such a subsequent deed as mentioned in the 29 & 30 Vict. c. 57 (p. 56), as the case may be, and the same shall thereupon be enrolled accordingly. A fee of 10s. must be paid beyond the ordinary fee for enrolment.
where deed lost or not enrolled.
Certain engagements to resign livings valid.
CHURCH AND CLERGY.
9 Geo. 4, c. 94. 1. Engagements entered into bona fide for the resignation of an ecclesiastical benefice to the intent or purpose, to be manifested by the terms of such engagement, that any one person, to be specially named and described therein, being such persons as are mentioned in sect. 2, shall be presented or appointed to such benefice, or that the same shall be given to him, shall be valid, and the performance thereof may be enforced in equity. Proviso: Such engagement shall be entered into before the presentation of the party so entering into the
2. Where two persons shall be so named and described in such engagement, each of them shall be either by blood or marriage, an uncle, son, grandson, brother, nephew, or grandnephew of the patron, or of one of the patrons not being merely a trustee of the patronage or of the person for whom the patron shall be a trustee, or by whose direction or in whose right such presentation shall be intended to be made, or of any married woman whose husband in her right shall be the patron or one of the patrons..
4. One part of the instrument by which such engagement shall be made is to be deposited with the registrar of the diocese, within two calendar months from its date.
5. Every resignation made in pursuance of such engagement shall refer to the same, and state the name of the person for whose benefit it is made. The resignation shall be void unless such
person be presented within six calendar months after notice of resignation shall have been given to the patron or patrons.
6. The Act is only to apply to cases where the patron holds the living as private property.
Deposit of instrument.
When resignetion void.
An Act to abridge the Holding of Benefices in Plurality, and to make better Provision for the Residence of
1 & 2 Vict. c. 106. 29. No spiritual person beneficed or licensed to perform ecclesiastical duty shall engage in trade or dealings for gain or profit, unless such trade or dealing shall be carried on by any number of partners exceeding six, or in case such trade or dealing devolve upon him by devise, bequest, inheritance, intes
Clergytmay not trade, &c.