Requisites of the conveyance of land to charitable

(r) As to what uses or trusts are charitable, see Income Tax Commrs. v. Pemsel, 1891, A. C. 531; 583: Hunter v. A.-G., 1899, A. C. 309; Tudor's Charitable Trusts, Chap, I.: 1 Jarm. Wills, 166, 5th ed.

(s) Stat, 51 & 52 Vict. c. 42, amended by 54 & 55 Vict. c. 73.

(t) Stats. 9 Geo. II. c. 3G

(commonly called the Mortmain Act); 9 Geo. IV. c. 85; 24 A 26 Vict. c. 9; 26 & 26 Vict. c. 17; 27 & 28 Vict. c. 13; 29 & 30 Vict. c. 57: 31 & 32 Vict. c. 44: 34 & 35 Vict. c. 13; 35 & 36 Vict. c 24.

(u) Stat, 18 & 19 Vict. c 124. (x)Stat. 51 & 52 Vict. c. 42, s. 4.

(y) By stat. 54 & 55 Vict, c. 73; see p. 454, below.

(z) By stat. 51 & 52 Vict. c. 42, s. 10, in this Act, unless the context otherwise requires, " assurance" includes a gift, conveyance, appointment, lease, transfer, settlement, mortgage, charge, incumbrance, devise, bequest, and every other assurance by deed, will or other instrument: and "assure" and "assuror" have meanings corresponding with assurance. Independently of statute, any transaction which operates to transfer the property in lands or goods and any document evidencing such a transaction is an assurauce; see Shep. Touch. 1; 2 Black. Comm. 294; Re Roberts, 3(5 Ch. D. 196; Re Ray, 1896, 1 Ch. 468, 476. Cf. above, p. 377, n. (z).

(a) See Churcher v. Martin, 42 Ch. D. 312.

(b) Including in those twelve months the days of the making of the assurance and of the death.

Assurance.

(c) By stat. 51 & 52 Vict. c. 42, s. 4 (4), the assurance, or any instrument forming part of the same transaction, may contain all or any of the following provisions; so, however, that they reserve the same benefits to persons claiming under the assuror as to the assuror himself, namely (i.) The grant or reservation of a peppercorn or other nominal rent;

(ii.) The grant or reservation of mines or minerals;

(iii.) The grant or reservation of any easement;

(iv.) Covenants or provisions as to the erection, repair, position, or description of buildings, the formation or repair of streets or roads, drainage or nuisances, and covenants or provisions of the like nature for the use and enjoyment as well of the land comprised in the assurance as of any other adjacent or neighbouring land;

(v.) A right of entry on non-payment of any such rent or on breach of any such covenant or provision;

(vi) Any stipulations of the like nature for the benefit of the assuror, or any person claiming under him.

Assurance by registered disposition under the Land Transfer Acts.

Enrolment of separate deed of trust.

By sect. 4 (5), if the assurance is made in good faith on a sale for full and valuable consideration, that consideration may consist wholly or partly of a rent, rent-charge, or other annual payment reserved or made payable to the vendor, or any other person, with or without a right of re-entry for non-payment thereof: Bee also sect. 10 (iv.)

These enactments replace stat. 24 & 25 Vict, c 9, s. l (passed 17th May, 1861), by which exceptions were first introduced to the rule stat. 9 Geo. II. c. 36, that the assurance must be without any provision for the benefit of the grantor. This must not be forgotten in considering the effect of assurances to charitable uses made before that date.

(d) See stat. .51 & 52 Vict. c. 42, s. 4 (6).

(e)See sects. 4 (7), 10(iv.) replacing stats. 9 Geo. II. c. 36, s 2; 27 & 28 Vict. c. 13, s. 4.

(f)Stat.51 & 52 Vict. c. 42, s. 9

Power to enrol instruments not enrolled within due time.

(g) Stat. 51 & 52 Vict. c. 42, s. 4 (6). replacing 24 & 25 Vict, c. 9, s. 2.

(h) In such case some copy or abstract thereof, or some subsequent instrument by which the trusts sufficiently appear, may be enrolled.

(i) Above, p. 446, n. (c).

(k) Stat. 51 & 52 Vict. c. 42, s. 5, replacing 35 & 36 Vict. c. 24, s. 13; 29 & 30 Vict. c. 57.

No power to amend other defects than want of enrolment.

The assurance will be void though the charitable trusts be not disclosed.

The charity may gain title under the Statutes of Limitation.

To what interests in land the Act extends.

(1) See Wickham v. Bath, L. R. 1 Eq. 17; Webster v. Southey, 36 Ch. D. 9.

(m) See Doe d.. Wellard v. Hawthorn, 2 B. & A. 96, 101 - 103; Doe d. Preece v. Howells, 2 B, & Ad. 744; A.-G. v. Gardner, 2 De G. & S. 102; A.-G.y.Munro, ib. 122; Bunting v. Sargent, 13 Ch. D. 330; Webster v. Southey, 36 Ch. D. 9.

(n) Above, p. 445, notes (s, t).

(o) Stats. 3 & 4 Will. IV. c. 27; 37 & 38 Vict. c. 57.

(p) See A.-G. v. Gardner, 2 De G. & S. 102; A.-G. v. Munro, ib. 122; Chureher v. Martin, 42 Ch. D. 312.

(q) Stat. 51 & 52 Vict. c. 42, s. 10 (iii.).

(r) Stat. 9 Geo. II. c. 36.

W

Assurance of personal estate to be laid out in purchase of land for a charity.

Part III. of the Mortmain and Charitable Uses Act, 1888, makes the following exemptions from the provisions of Part II. of the Act: (1.) An assurance of land, or personal estate to be laid out in the purchase of land, to or in trust for any of the Universities of Oxford, Cambridge, London, Durham, and the Victoria University, or any of the colleges or houses of learning within any of those Universities, or to or in trust for any of the Colleges of Eton,

Exemptions from the requirements of the Mortmain Acts.

(s) See Wms. Pers. Prop. 46.5, 466, 16th ed.; 1 Jarm. Wills, 177, 5th ed.

(t) Stat. 54 & 55 Vict. c. 73, s. 3, repealing 51 & 52 Vict. c. 42, s. 10 (iii.).

(u) See above, p. 446, n. (s).

(x) Except that the transfer of stock in the public funds for such purposes is not required to be made by deed executed in the presence of two witnesses or to be enrolled, and remains valid unless the transferor die within six months thereafter: stat. 51 & 52 Vict. c. 42, s. 4.

(y) Stat. 54 & 55 Vict. c. 73, s. 7; see pp. 454, 455, below.