vivors of them should think fit, Lord Hardwicke, though he To the Poor. referred it to the master to appoint additional trustees to sustain the annuities, said that the new trustees could not dispose of the residue in charity, as the testatrix had confined that power to her executors, and reserved an application to the court for further directions in case of the death of either of the survivors (k). Upon the same principle, and ut res magis valeat, a legacy to the poor inhabitants of St. Leonard, Shoreditch, was sustained, and directed to be given to the poor inhabitants not receiving alms (). And a bequest to the poor, by a French refugee, was ordered to be given to poor refugees (m). And a bequest of a residue, for the augmentation of the charitable collections which should be made for the benefit of poor dissenting ministers of the Gospel in any of the counties in Eng- To Dissenters. land, was holden not to be too vague; and it appearing to the court that there were three denominations of dissenters in this kingdom, Presbyterians, Independents, and Baptists, and that the subscriptions for the support of their ministers were distributed by their respective treasurers, the money was ordered to be paid to them for the support of the ministry in general (n). It is however to be observed, that summary powers given to the Lord Chancellor to vary provisions relative to a trust, do not extend to alter the original constitution of the trust itself; and therefore where seven trustees out of twelve were required by a private act of parliament to constitute a quorum, Lord Thurlow refused, on the application and consent of all the trustees, to inerease the number to sixteen, or diminish the quorum to five, though the act provided, that if any of the constitutions thereof should be found inconvenient or impracticable, they might be varied by the Lord Chancellor, and it was stated to be impracticable to gather together so large a number as seven out of twelve trustees: the proper application, in this instance, being to parliament (o). But where a charity is so Where there given that there can be no objects of it, the court will order different scheme to be laid before it (p). So a trust being created for the propagation of the Christian religion among the natives of New England, the object of which failed from there being no infidels to convert within the intended limits, and the colleges which had been appointed administrators of the charity being now subject to a foreign power, the states of America, the master was directed to propose a plan de novo for the application of the produce of the estates according to the intentions of the testator (g). But if the objects may exist, (k) Hibbard v. Lambe, Amb. 309. a (p) Att. Gen. v. Oglander, 3 Br. 166; Same v. Bishop of Chester, 1 Br. 444. (g) Att. Gen. v. City of London, 3 Br. 171. are no Ob jects for the Charity. is a Surplus, and where there is a resulting Trust at Law. When the Disposition is Court of though they do not at present, as widows, or a bishop in AmeWhere there rica, the money must remain in court (r). Where a residue of personalty is left to charitable uses, which proves to be more than sufficient for the object, if it appear to be the testator's for the Heir intention to dispose of the whole surplus, the whole must be applied to similar purposes (s). So where an estate is given to a charity, and the rents are afterwards increased, there is no resulting trust for the heir at law, if the testator has not expressed such an intention, but the charity shall have the benefit of the surplus rents (t). But if a specific object be pointed out, as the building of a church, or giving money to the inhabitants of particular houses, that object must be effectuated in toto or not at all; and if it fail, the property will fall to the next of kin or heir at law (u). Where there is a general, indein the Crown. finite purpose, not fixing itself upon any object, the disposition When in the is in the king by sign manual: but where the execution is to be by a trustee, with general or some objects pointed out, there the court will take the administration of the trust (v). A residuary bequest being given for the purpose of educating and bringing up poor children in the Roman Catholic religion, which was illegal, it was held that the disposition of it belonged to the crown by sign manual (x). The nature of a charity cannot be changed by an application to objects different from those intended by the founder, unless it be clear, that by a strict adherence to the plan his general object will be destroyed (y). It has now become a general rule, that the court will not marshal assets for a charity. And Lord Hardwicke refused to give directions for the distribution of a charity, where the objects of it belonged to another jurisdiction, though he directed the securities to be transferred to the devisees in order to be applied to the trusts of the will (2). As to the regulation of eleemosynary or charitable foundations by the visitor, or if none be appointed by the Court of Chancery, see title College. The commission and decree of the commissioners of charitable use were returned into the Petty Bag Office, whereupon the defendant was served with a writ of execution. Blackstone says (a), that though done in this office it is not a proceeding at law, but is to be treated as an original cause in equity, and that the appeal from the lord chancellor lies to the House of Lords. The commission must be under the great seal; and therefore Lord Brougham, in The Attorney-General v. Governors of Atherstone School (b), decided that a commission of charitable uses issued in 1649, in Cromwell's time, was a nullity. For the distinction between charitable and superstitious uses, see Mr. Shelford's work on the Law of Mortmain and Charitable Uses. See also the titles Colleges-Schools -Mortmain, in this work. The following abstract of statutes upon this subject is extracted from Mr. Shelford's work (c). THE STATUTES RELATING TO MORTMAIN AND CHARITABLE USES. Magna Charta, 9 Hen. 3, c. 36, A. d. 1224-5.--"No land shall be given in mortmain." The Statute de Religiosis, 7 Edw. 1, st. 2, c. 1, 15th Nov. A. D. 1279.-"Who shall take the forfeiture of lands given in mortmain." Statute of Westminster the Second, 13 Edw. 1, st. 1, c. 32, a. d. 1285.-" Remedy in case of mortmain by recovery of land by default." 13 Edw. 1, st. 1, c. 33.-" Lands where crosses be set, shall be forfeited as lands aliened in mortmain." 34 Edw. 1, st. 3, A. D. 1506.-" That lands shall not be aliened in mortmain, where there be mesnes, without their consent." 18 Edw. 3, st. 3, c. 3, a. d. 1344.—" Prelates impeached for purchasing lands in mortmain." 15 Rich. 2, c. 5, A. D. 1391.-"For explaining and amending the statute of mortmain, 7 Edw. 1, st. 2." 23 Hen. 8, c. 10, A. D. 1531-2.-" An act for feoffments and assurances of lands and tenements made to the use of any parish church, chapel, or such like." Statute of Charitable Uses, 43 Eliz. c. 4, A. D. 1601.-" An act to redress the misemployment of lands, goods, and stocks of money heretofore given to certain charitable uses." Money given for binding out Poor Apprentices, 7 Jac. 1, c. 3, A. D. 1609.—“ An act for the continuing and better maintenance of husbandry and other manual occupations, by the true employment of monies given and to be given for the binding out of apprentices." Inquiry as to Charities for the Benefit of Poor Prisoners, 22 & 23 Car. 2, c. 20, st. 11, A. D. 1670. 7 & 8 Will. 3, c. 37, a. D. 1796.-" An act for the encouragement of charitable gifts and dispositions." Statute restraining Gifts to Charitable Uses, 9 Geo. 2, c. 36, A. D. 1736.—“ An act to restrain the dispositions of lands whereby the same become unalienable." Lying-in Hospitals, 13 Geo. 3, c. 82, A. D. 1773.- An act for the better regulation of lying-in hospitals and other places appropriated for the charitable reception of pregnant women; and also (6) [Duke's Char. Uses, 144.] VOL. I. (c) [Pages xiii.--xvi.] EE to provide for the settlement of bastard children born in such hospitals and places." Gifts to Queen Anne's Bounty, 43 Geo. 3, c. 107, 27 July, 1803. -"An act for effectuating certain parts of an act, passed in the 2nd and 3rd years of the reign of her late majesty Queen Anne, intituled, 'An act for the making more effectual her majesty's gracious intentions for the augmentation of the maintenance of the poor clergy, by enabling her majesty to grant in perpetuity the revenues of the first fruits and tenths; and also for enabling any other persons to make grants for the same purpose, so far as the same relate to deeds and wills made for granting and bequeathing lands, tenements, hereditaments, goods and chattels to the governors of the bounty of Queen Anne, for the purposes in the said act mentioned, and for enlarging the powers of the said governors." Building of New Churches, 43 Geo. 3, c. 108, 27 July, 1803."An act to promote the building, repairing, or otherwise providing of churches and chapels, and of houses for the residence of ministers, and the providing of churchyards and glebes." Queen Anne's Bounty, 45 Geo. 3, c. 84, 2 July, 1805.—“ An act for making more effectual the gracious intentions of her late majesty Queen Anne, for the augmentation of the maintenance of the poor clergy, so far as relates to the returns of certificates into the exchequer, and gifts of personal property (a)." Gifts to Colleges in the two Universities, 45 Geo. 3, c. 101, 10th July, 1805." An act to repeal so much of an act, passed in the ninth year of the reign of his late majesty King George the Second, intituled, An act to restrain the disposition of lands, whereby the same become unalienable,' as restrains colleges within the two universities of Oxford and Cambridge from purchasing or holding advowsons, except as therein is provided." Building of Churches, Chapels, and Parsonage Houses, 51 Geo. 3, c. 115, 26th June, 1811.-" An act for amending the act of the 43 Geo. 3, to promote the building, repairing or otherwise providing the churches and chapels, and of houses for the residence of ministers, and the providing of church-yards and glebes (b)." Remedy for Abuses of Charitable Trusts, 52 Geo. 3, c. 101, 9th July, 1812.-" An act to provide a summary remedy in cases of abuses of trusts created for charitable purposes.' Registration of Charitable Donations, 52 Geo. 3, c. 102, 9th July, 1812." An act for the registering and securing of charitable donations." Applications to Courts of Equity respecting Charities, 59 Geo. 3, c. 91, 12th July, 1819.-" An act for giving additional facilities in applications to courts of equity, regarding the management of estates or funds belonging to charities." Exchange of Charity Estates, 1 & 2 Geo. 4, c. 92, 10th July, 1821.-"An act to authorize the exchange of lands, tenements or hereditaments, subject to trusts for charitable purposes, for other lands, tenements or hereditaments." Act for remedying Defects in Assurances to Charitable Uses, 9 (a) [To these should be added, 1 Geo. 1, c. 10; and 1 & 2 Vict. c. 49, the last statute on this subject.-ED.] (b) [See Church Building Acts in the Appendix.-ED.] Geo. 4, c. 85, 25th July, 1828.-"An act for remedying a defect in the titles of lands purchased for charitable purposes." Augmentation of Small Livings, 1 & 2 Will. 4, c. 45, 15th October, 1831.-" An act to extend the provisions of an act passed in the 29th year of the reign of his majesty King Charles the Second, intituled An act for confirming and perpetuating augmentations made by ecclesiastical persons to small vicarages and curacies, and for other purposes.' Application to Courts of Equity respecting the Funds and Trustees of Charities, 2 Will. 4, c. 57, 23rd June, 1832.-" An act to continue and extend the provisions of an act passed in the 59th year of his majesty King George the Third, for giving additional facilities in applications to courts of equity regarding the management of estates or funds belonging to charities; and for making certain provisions respecting estates or funds belonging to charities." Charitable Gifts in favour of Roman Catholics, 2 & 3 Will. 4, c. 115, 15th August, 1832.-" An act for the better securing the charitable donations and bequests of his majesty's subjects in Great Britain professing the Roman Catholic religion." University Life Assurance Society, 5 & 6 Will. 4, c. 4, 13th April, 1835. "An act to enable the University Life Assurance Society and their successors to purchase annuities upon or for lives, and also to lend money or stock upon mortgage for the purpose of investment." Act for appointing Commissioners to inquire concerning Charities, 5 & 6 Will. 4, c. 17, 9th September, 1835.-" An act for appointing commissioners to continue the inquiries concerning charities in England and Wales until the 1st day of March, 1837 (c)."-ED.] Charity Briefs-See Briefs. Charles the First's Martyrdom-See Holidays. Charles the Second's Restoration-See Holidays. Chest for Alms-See Church. [ 318 ] 66 Child-birth. IF a woman die in child-birth, and this shall well appear, she shall be cut open, if it be believed that the child is living, but let them take care that the woman's mouth be kept open (d)." (c) [And "The act for improving the condition and extending the benefits of grammar schools,' -3 & 4 Vict. c. 77. See Schools, where this |