A Succinct View of the History of Mortmain: And the Statutes Relative to Charitable Uses; with a Full Exposition of the Last Statute of Mortmain, 9 Geo. II. C. 36. and Its Subsequent Alternations: Comprising the Law as it Now Stands Relative to Devises, Bequests, Visitation, Leases, Taxes, and Other Incidents to the Establishment of Public Charities

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J. Butterworth, 1809 - Mortmain - 592 pages
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Page 57 - Majesty, and her most noble progenitors, as by sundry other well-disposed persons; some for relief of aged, impotent and poor people, some for maintenance of sick and maimed soldiers and mariners, schools of learning, free schools...
Page 89 - Lord one thousand seven hundred and thirty-six, no manors, lands, tenements, rents, advowsons, or other hereditaments, corporeal or incorporeal whatsoever, nor any sum or 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, tenements, or hereditaments...
Page 88 - High Court of Chancery, within six calendar months next after the execution thereof; and unless such stocks be transferred in the public books usually kept for the transfer of...
Page 407 - A hospital is for those that are poor, and mean, and low, and sickly; a college is for another sort of indigent persons; but it hath another intent, to study in and breed up persons in the world that have no otherwise to live; but still it is as much within the reasons as hospitals.
Page 513 - The discretion of a judge is the law of tyrants. It is always unknown. It is different in different men. It is casual, and depends upon constitution, temper, passion. In the best, it is oftentimes caprice; in the worst, it is every vice, folly, and passion to which human nature is liable" —is not the modern view, if applied to judicial discretion in supervising verdicts.
Page 55 - ... the privileges and immunities, the estates and possessions, of the corporation, when once vested in them, will be for ever vested, without any new conveyance to new successions ; for all the individual members that have existed from the foundation to the present time, or that shall ever hereafter exist, are but one person in law, a person that never dies : in like manner as the river Thames is still the same river, though the parts which compose it are changing every instant.
Page 282 - If there be a clear trust, but for uncertain objects, the property that is the subject of the trust is undisposed of, and the benefit of such trust must result to those to whom the law gives the ownership in default of disposition by the former owner.
Page 501 - ... thereof, or by any person paying rent for the same; and for the repairs of the public buildings and offices of such college or hall...
Page 406 - ... where the persons to whom the charity is given are not incorporated, there is no such visitatorial power, because the interest of the revenue is not invested in them; but where they are, the right of visitation ariseth from the foundation, and the founder...
Page 283 - By what rule of construction could it be said, all objects of liberality and benevolence are excluded, which do not fall within the statute of Eliz. ? The question is not, whether he may not apply it upon purposes strictly charitable, but whether he is bound so to apply it...

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