CLASS VII. No. 1. Stat. 9 PARTI. the grantor, or to the transfer of any stock six calendar months before the death of the grantor or person making such transfer, shall extend, or be construed to extend, to any purchase of any estate or interest in lands, tenements, or hereditaments, or any transfer of any stock, to be made really and bond fide for a full and valuable consideration actually paid at or before the making such conveyance or transfer without fraud or collusion. G. 2. c. 36. Gifts, &c. wise, abso III. And be it further enacted by the authority aforemade other said, That all gifts, grants, conveyances, appointments, lutely void. assurances, transfers, and settlements whatsoever, of any lands, tenements, or other hereditaments, or of any estate or interest therein, or of any charge or incumbrance affecting or to affect any lands, tenements, or hereditaments, or of any stock, money, goods, chattels, or other personal estate, or securities for money to be laid out or disposed of in the purchase of any lands, tenements, or hereditaments, or of any estate or interest therein, or of any charge or encumbrance affecting or to affect the same, to or in trust for any charitable uses whatsoever, which shall at any time from and after the said twenty-fourth day of June one thousand seven hundred and thirty-six, be made in any other manner or form than by this Act is directed and appointed, shall be alsolutely and to all intents and purposes null and void a. A bequest of money to pay off the mortgage on a chapel has been held to be within the Act, as being money to be laid out in land. 4 Ves. 488. The same doctrine has been held as to a bequest to enable trustees to complete a purchase of land. 1 Bro Cha. Ca. 13. A devise to the Corporation of Queen Anne's Bounty was formerly beld void, because the Corporation is bound by its rules to lay out the money in land and a disposition to the society for increasing Clergyman's livings was held void upon the same principle, because no other society seemed to answer that description. 3 Ves. 734. To meet these objections, the Statute 43 Geo. III. c. 107. in Pa. I. Cla. VI. No. 4. was enacted. A bequest of a sum of money to be laid out in land or real security is void. 3 Atk. 806. So bequests to build a school-house, although the land may be purchased by the trustees at their own expense; or to erect and build an hospital, 3 Bro. Cha. Ca. 588. or for the purpose of erecting a school-house, although there was a piece of land in mortmain within the parish on which part of the school-house stood, the will not adverting to those premises, have been held void; Ambl. 751. 1 Bro. Cha. Ca. 444 for prima facie the testator must be understood to mean that an interest in land is to be purchased, unless he distinctly points to some land already in mortmain. 9 Ves. 544. And thus under a bequest to erect a school-house, and establish a blind asylum, the testator expressly directing that lands should not be purchased, the disposition was held valid. 3 Mad. Rep. 306. But bequests which are clearly made for the purpose of building upon or improving lands already in mortmain are valid: thus a bequest to build a new parsonage house is good. Ambl. 373. or where there is a discretion to invest the money in land, or in some other way not prohibited, it is good. 2 Ves. 182. Ambl. 210, 14 Ves. 537. PART I. CLASS No. 1. Stat. 9 IV. Provided always, That this Act shall not extend, or be construed to extend, to make void the dispositions of any lands, tenements, or hereditaments, or of any personal estate to be laid out in the purchase of any lands, tenements, or hereditaments, which shall be made in any other G. 2. c. 36. manner or form than by this Act is directed, to or in trust But not to for either of the two Universities within that part of Great prejudice Britain called England, or any of the colleges or houses of the two learning within either of the said Universities, or to or in ties, or the trust for the colleges of Eton, Winchester, or Westminster, colleges of or any or either of them, for the better support and main- Eton, Wintenance of the Scholars only upon the foundations of the Westminsaid colleges of Eton, Winchester, and Westminstera. ster. Universi chester, or V. Provided nevertheless, and be it enacted by the au- No college thority aforesaid, That no such college or house of learning, to hold which doth or shall hold or enjoy so many advowsons of more adecclesiastical benefices as are or shall be equal in number to than shall one moiety of the Fellows or persons usually styled or reputed be equal to as Fellows, or, where there are or shall be no Fellows or per- of their one moiety sons usually styled or reputed as Fellows, to one moiety of the Fellows, Students upon the foundation, whereof any such college or &c. house of learning doth or may by the present constitution of such college or house of learning consist, shall, from and after the twenty-fourth day of June one thousand seven hundred and thirty-six, be capable of purchasing, acquiring, receiving, taking, holding, or enjoying any other advowsons of ecclesiastical benefices by any means whatsoever; the advowsons of such ecclesiastical benefices as are annexed to, or given for, the benefit or better support of the headships of any of the said colleges or houses of learning, not being computed in the number of advowsons hereby limited b. VI. Provided always, That nothing in this Act contained This Act shall extend, or be construed to extend, to the disposition, not to exgrant, or settlement of any estate, real or personal, lying or being within that part of Great Britain called Scotland. In the case of Christ's College, Cambridge, 1 Bla. Rep. 90. it was decided that a devise to certain officers of the college to maintain certain Students there, and for other purposes, was good, as relating to the Students of the college, but void, so far as the Master and Fellows were appointed trustees for other charitable purposes. b By 45 Geo. 3. c. 101. the whole of this section is repealed. tend to estates in Scotland. PART I. VIII. Stat. 52 G. 3. c. 146. CLASS VIII. STATUTES RELATING TO MARRIAGE AND PARISH REGIS TERS. Anno 52 GEO. III. Cap. 146. An Act for the better regulating and preserving Parish and other Registers of Births, Baptisms, Marriages, and Burials in England. [28th July 1812.] WHEREAS the amending the manner and form of keeping and of preserving registers of baptisms, marriages, and burials of his Majesty's subjects in the several parishes and places in England, will greatly facilitate the proof of pedigrees of persons claiming to be entitled to real or personal estates, and be otherwise of great public benefit and advantage; be it therefore enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the auOfficiating thority of the same, That from and after the thirty-first Ministers day of December one thousand eight hundred and twelve, gisters of registers of public and private baptisms, marriages, and public and burials, solemnized according to the Rites of the United private bap- Church of England and Ireland, within all parishes or chamarriages, pelries in England, whether subject to the ordinary, or and of bu- peculiar, or other jurisdiction, shall be made and kept by to keep re tisms, of rials. provide suitable books for that pur pose. the Rector, Vicar, Curate, or officiating Minister of every parish (or of any chapelry where the ceremonies of baptism, marriage, and burial have been usually and may according to law be performed) for the time being, in books Parishes to of parchment, or of good and durable paper, to be provided by his Majesty's printer as occasion may require, at the expense of the respective parishes or chapelries; whereon shall be printed, upon each side of every leaf, the heads of information herein required to be entered in the registers of baptisms, marriages, and burials respectively, and every such entry shall be numbered progressively from the beginning to the end of each book, the first entry to be distinguished by number one; and every such entry shall be divided from the entry next following by a printed line, according to the forms contained in the schedules (A.) (B.) (C.) hereto annexed; and every page of every such book shall be numbered with progressive numbers, the first page CLASS VIII. being marked with the number 1. in the middle of the PART I. upper part of such page, and every subsequent page being marked in like manner with progressive numbers, from number 1. to the end of the book. No. 1. Stat. 52 transmit to herein pre II. And, for better ensuring the regularity and uniform- G. 3. c. 146. ity of such register books, be it further enacted, That a King's printed copy of this Act, together with one book so pre-printer to pared as aforesaid, and adapted to the form of the register each parish of baptisms prescribed in the schedule (A.) to this Act a printed annexed; and also one other book so prepared as afore- copy of this said, and adapted to the form prescribed for the register of Act, and register marriages in the schedule (B.) to this Act annexed; and books also one other book so prepared as aforesaid, and adapted adapted to to the form prescribed for the register of burials in the the forms schedule (C.) to this Act annexed, shall, as soon as conve-scribed. niently may be after the passing of this Act, be provided and transmitted by his Majesty's printer to the officiating Ministers of the several parishes and chapelries in England respectively, who are hereby required to use and apply the same in and to the purposes of this Act; and such books respectively shall be proportioned to the population of the several parishes and chapelries, according to the last returns of such population made under the authority of Parliament; and other books of like form and quality shall for the like purposes be furnished from time to time by the Church-wardens or Chapel-wardens of every parish or chapelry, at the expense of the said parish or chapelry, whenever they shall be required by the Rector, Vicar, Curate, or officiating Minister to provide the same; and all such books shall be of paper, unless required to be of parchment by such Church-wardens or Chapel-wardens respectively. rate regis III. And be it further enacted, That such registers Registers to shall be kept in such separate books aforesaid, and that be in sepaevery such Rector, Vicar, Curate, or officiating Minister, ter books. shall as soon as possible after the solemnization of every baptism, whether private or public, or burial respectively, record and enter in a fair and legible hand-writing, in the proper register book to be provided, made, and kept as aforesaid, the several particulars described in the several schedules herein-before mentioned, and sign the same; and in no case, unless prevented by sickness, or other unavoidable impediment, later than within seven days after the ceremony of any such baptism or burial shall have taken place. IV. And be it further enacted, That whenever the ce- Certificate remony of baptism or burial shall be performed in any other of baptism or burial No. 1. when per PART I. place than the parish church or church-yard of any parish, CLASS (or the chapel or chapel-yard of any chapelry, providing its VIII. own distinct registers,) and such ceremony shall be perStat. 52 formed by any Minister not being the Rector, Vicar, MinG. 3. c. 146. ister, or Curate of such parish or chapelry, the Minister who shall perform such ceremony of baptism or burial formed in shall, on the same or on the next day, transmit to the any other Rector, Vicar, or other Minister of such parish or chapelry, the parish or his Curate, a certificate of such baptism or burial in the church or form contained in the schedule (D.) to this Act annexed, and the Rector, Vicar, Minister, or Curate of such parish or chapelry, shall thereupon enter such baptism or burial to schedule according to such certificate in the book kept pursuant to (D.) and this Act for such purpose; and shall add to such entry the the entry of following words: "According to the certificate of the revetransmitted to me on the place than church yard, to be according such bap tism or bu-"rend rial to be "of day distin- V. And be it further enacted, That the several books guished accordingly. wherein such entries shall respectively be made, and all reRegister gister books heretofore in use, shall be deemed to belong books to be to every such parish or chapelry respectively, and shall be kept in cus-kept by and remain in the power and custody of the tody of the officiating Rector, Vicar, Curate, or other officiating Minister of each Minister, respective parish or chapelry as aforesaid, and shall be by in an iron him safely and securely kept in a dry well-painted iron chest, to be provided and repaired as occasion may require, provided at at the expense of the parish or chapelry, and which said the expense chest containing the said books shall be constantly kept of the pa- locked in some dry, safe, and secure place within the usual chest, which is to be rish. Annual copies of registers to place of residence of such Rector, Vicar, Curate, or other officiating Minister, (if resident within the parish or chapelry,) or in the parish church or chapel; and the said books shall not, nor shall any of them be taken or removed from or out of the said chest, at any time or for any cause whatever, except for the purpose of making such entries therein as aforesaid, or for the inspection of persons desirous to make search therein, or to obtain copies from or out of the same, or to be produced as evidence in some court of law or equity, or to be inspected as to the state and condition thereof, or for some of the purposes of this Act; and that immediately after making such respective entries, or producing the said books respectively for the purposes aforesaid, the said books shall forthwith again be safely and securely deposited in the said chest. VI. And be it further enacted, That at the expiration of two months after the thirty-first day of December one |