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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.
Trustees may apply to be incorporated.
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, 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
or not enrolled.
Certain engagements to resign livings valid.
CHURCH AND CLERGY.
9 Geo. 4, c. 94. 1. Engagements entered into bonâ fide for the resignation of
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 resignation 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 of 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.
tacy, settlement, marriage, or bankruptcy ; but in no case shall he act as a director or carry on such trade or dealing in person.
30. Spiritual persons may keep schools and act as tutors, and Exceptions. may
Buy and sell in relation thereto.
Buy and sell cattle and corn in respect of their own lands, and sell minerals produced therefrom, but not transact business in person in a market or place of public sale.
31. Any spiritual person trading or dealing contrary to this Act may be suspended, and for offending the third time, deprived of his benefice.
The Incumbent's Resignation Act, 1871.
34 & 35 VICT. C. 44. Under the circumstances mentioned in this Act, clergymen who are incapacitated from performing their duties are enabled to resign their benefices, and retire on a moderate pension chargeable on the living.
The Burial Laws Amendment Act, 1880.
43 & 44 VICT. C. 41. 1. After the passing of this Act any relative, friend, or legal After passing representative having the charge of or being responsible for the may be given burial of a deceased person may give forty-eight hours notice in that burial will writing, indorsed on the outside “ Notice of Burial,” to, or churchyard or leave or cause the same to be left at the usual place of abode of graveyarch the rector, vicar, or other incumbent, or in his absence the rites of the officiating minister in charge of any parish or ecclesiastical dis- England. trict or place, or any person appointed by him to receive such notice, that it is intended that such deceased person shall be buried within the churchyard or graveyard of such parish or ecclesiastical district or place, without the performance, in the manner prescribed by law, of the service for the burial of the dead according to the rites of the Church of England ; and after receiving such notice no rector, vicar, incumbent, or officiating minister shall be liable to any censure or penalty, ecclesiastical or civil
, for permitting any such burial as aforesaid. Such notice shall be in writing plainly signed with the name and stating the address of the person giving it, and shall be in the form or to the effect of Schedule (A) annexed to this Act. The word “graveyard” in this Act shall include
ground or cemetery vested in any burial board, or provided under any Act relating to the burial of the dead, in which the parishioners or inhabitants of any parish or ecclesiastical district have rights of burial; and in the case of any such burial ground or cemetery, if a chaplain is appointed to perform the burial service of the Church of England therein, notice under this Act shall be addressed to such chaplain, but the same shall be given to or left at the office of the clerk of the burial board if any, in whom any such burial ground or cemetery may be vested: Provided also, that it shall be lawful for the proprietors or directors of any proprietary cemetery or burial ground to make such byelaws or regulations as may be necessary for enabling any burial to take place therein in accordance with the provisions of this Act, any enactment to the contrary notwithstanding.
2. Such notice, in the case of any poor person deceased, whom the guardians of any parish or union are required or authorised by law to bury, may be given to the rector, vicar, or other incumbent in manner aforesaid, and also to the master of any workhouse in which such poor person may have died or otherwise to the said guardians by the husband, wife, or next of kin of such poor person, who, for the purposes of this Act, shall be deemed to be the person having the charge of the burial of such deceased poor person; and in any such case it shall be the duty of the said guardians to permit the body of such deceased person to be buried in the manner provided by this Act.
3. Such notice shall state the day and hour when such burial is proposed to take place, and in case the time so stated be inconvenient on account of some other service having been, previously to the receipt of such notice, appointed to take place in such churchyard or graveyard, or the church or chapel connected therewith, or on account of any bye-laws or regulations lawfully in force in any graveyard limiting the times at which burials may take place in such graveyard, the person receiving the notice shall, unless some other day or time shall be mutually arranged within twenty-four hours from the time of giving or leaving such notice, signify in writing, to be delivered to or left at the address or usual place of abode of the person from whom such notice has been received, or at the house where the deceased person is lying, at which hour of the day named in the notice, or (in case of burial in a churchyard, if such day shall be a Sunday, Good Friday, or Christmas Day) of the day next following, such burial shall take place; and it shall be lawful for the burial to take place, and it shall take place, at the hour so appointed or mutually arranged, and in other respects in accordance with the notice : Provided that, unless it shall be otherwise mutually arranged, the time of such burial shall be between the hours of
Time of burial to be stated, subject to variation.