No. XIX. 21&2 Gea. IV. c. 92. VIII. And whereas doubts may arise whether under the provisions of this Act an exchange might be legally effected where any trustee or trustees of charity-lands proposed to be given in exchange, should also be the proprietor or proprietors of the lands for which such charitylands should be so proposed to be given in exchange; be it therefore enacted, That under and according to the several restrictions declarations and provisions hereinbefore expressed, and subject thereto, but not other- Exchanges may wise, it shall and may be lawful for any trustee or trustees of any lands be effected tenements or hereditaments vested in him her or them, either alone or though Trus jointly with any other trustee or trustees for any charitable purpose or cees may be purposes, to convey or join in conveying, as the case may be, any such Proprietors of trust lands tenements or hereditaments, in lieu of and in exchange for the Lands to any other lands tenements or hereditaments of which he she or they shall be given in exbe seised in fee, to and for his her or their own use and benefit: Provided change. always, that in every such case: the bishop to whom application shall But the Bishop be made for any such exchange, shall, upon such application, and before in such cases any other proceedings touching such exchange, nominate and appoint shall appoint some proper person or persons, having no interest in such exchange, to Trustees who act as trustee or trustees on the behalf of the said charity in the matter have no interest of such exchange, in the place and stead of the trustee or trustees who in the Lands. by reason of such interest as aforesaid shall be disqualified to act therein; and the concurrence of the person or persons so to be appointed to act as temporary trustee or trustees as aforesaid, shall be necessary in all subsequent proceedings relating to such exchange. Ix. Provided always, and be it further enacted, That in case the title of Eviction in case any person or persons body politick or corporate, by whom any lands of defective tenements or hereditaments shall be attempted to be conveyed in exchange title. for any charity-lands tenements or hereditaments, shall at any time appear to be in any manner defective, so that such lands tenements or hereditaments shall in the whole or in part be recovered from the trustees or trustee, body politick or corporate, in whom the same shall have been vested or attempted to be vested in exchange under the authority of this Act, or shall be in any manner charged or incumbered, then and in such case the trustees or trustee, body politick or corporate, in whom such lands tenements and hereditaments, or any part thereof, ought to have been vested indefeasibly for charitable purposes as aforesaid, shall enter on the original charity-lands tenements or hereditaments conveyed in exchange as aforesaid, and hold the same according to the original right before the exchange, for the benefit of the charity, in case the lands tenements or hereditaments intended to have been vested by way of exchange for the purposes of the charity shall be wholly evicted, or in case the same shall be partially evicted or in any manner incumbered, then to hold the same for the purpose of indemnifying the charity against the consequences of any such partial eviction or any such incumbrance, and until full satisfaction shall have been made to the charity for any defect of title in the lands tenements or hereditaments conveyed in exchange for the original charity lands tenements or hereditaments as aforesaid, and all costs charges and expences incurred by the charity in consequence thereof. X. And be it further enacted, That no part of the expences attending Expence atany exchange to be made in pursuance of this Act, shall be borne by or tending expaid out of the funds of any charity, unless it shall be made appear to the changes how to bishop of the diocese, upon application for such exchange as aforesaid, be paid. that such exchange is solely intended for the benefit of such charity, and not for any other purpose, and is in respect of such convenience advantageous to the charity, notwithstanding any expence which may be incurred in effecting the same; and then so much of such expences only shall be borne by and discharged out of the funds of such charity as such bishop shall find to be just and reasonable, and shall, by instrument under his hand, allow and declare to be in his opinion an expence incurred for the benefit of the charity, and such as ought to be discharged out of the funds of such charity. No. XIX. $1&2 .Geo. IV. c. 92. Exempt juris diction not to affect proceed ings of the diocesan. XI. And whereas charity-lands tenements or hereditaments may be within some peculiar or exempt jurisdiction; be it further enacted, That in such case the application for an exchange under the authority of this Act shall be made to the bishop of the diocese within which the charitylands tenements or hereditaments proposed to be exchanged shall be situate, and not to any other authority claiming such peculiar or exempt jurisdiction; and the bishop of such diocese shall proceed in the same manner, in such case, as if such charity-lands tenements or hereditaments were to all intents and purposes within his jurisdiction as diocesan; and in case any such charity-lands tenements or hereditaments shall be within two or more dioceses, then and in such case application shall be made to the several bishops of such several dioceses to direct before which of such bishops the proceedings touching any such exchange shall be had, and such bishops shall accordingly direct before which of such bishops such proceedings shall be had; and thereupon such proceedings shall be had before such bishop in the same manner as such proceedings might have been had if all such charity-lands tenements or hereditaments had been within the diocese of such bishop. [No. XX. ] 9 Geo. IV. c. 85.-An Act for remedying a defect in the Titles of Lands purchased for Charitable Purposes. [25th July 1828.] WHEREAS by an Act passed in the ninth year of the reign of His late No. XX. 9 Geo. IV. c. 85. Majesty King George the Second, and intituled An Act to restrain the 9 G. 2. c. 36. disposition of lands whereby the same become unalienable, it was amongst other things enacted, that after the twenty-fourth day of June one thousand seven hundred and thirty-six, no manors, lands, tenements, rents, advowsons, or other hereditaments, corporeal or incorporeal, whatsoever, should be given, granted, aliened, limited, released, transferred, assigned, or appointed, or anyways conveyed or settled to or upon any person or persons, bodies politic or corporate, or otherwise, for any estate or interest whatsoever, or anyways charged or incumbered by any person or persons whatsoever, in trust or for the benefit of any charitable uses whatsoever, unless such gift, conveyance, appointment, or settlement of any such lands tenements or hereditaments, were made by deed indented sealed and delivered in the presence of two or more credible witnesses, twelve calendar months at the least before the death of such Donor or Grantor, (including the days of the execution and death,) and where enrolled in His Majesty's High Court of Chancery within six calendar months next after the execution thereof, and unless the same were made to take effect in possession, for the charitable use intended, immediately from the making thereof, and were without any power of revocation, reservation, trust, condition, limitation, clause, or agreement whatsoever, for the benefit of the Donor or Grantor, or of any person or persons claiming under him; but it was thereby provided, that nothing therein-before mentioned, relating to the sealing and delivery of any deed or deeds twelve calendar months at least before the death of the Grantor, should extend or be construed to extend to any purchase of any estate or interest in lands tenements or hereditaments, to be made really and bona fide for a full and valuable consideration actually paid at or before the making such conveyance, without fraud or collusion; and it was thereby enacted, that all gifts, grants, appointments, 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, to or in trust for any charitable uses whatsoever, which should at any time 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 the said Act was directed and appointed, should be absolutely and to all intents and purposes null and void: And whereas the said provision contained in the said recited Act, in relation to the purchase of any estate or interest in lands tenements or hereditaments, for a full and valuable consideration, was only intended to prevent such purchases from being avoided by reason of the death of the Grantor within twelve calendar months after the sealing and delivery of the deed or deeds relating thereto: And whereas it has notwithstanding been generally apprehended that the said last-mentioned provision was intended wholly to exempt such purchases from the operation of the said Act, and in consequence thereof the formalities by the said Act prescribed, in relation to the conveyance of hereditaments to charitable uses, have in divers instances been omitted on purchases for a full and valuable consideration, and by reason of such omission the title to such hereditaments may be considered defective: And whereas it is expedient that provision should be made for remedying such defect in manner herein-after mentioned: May it therefore please your Majesty that it may be enacted; and be it 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 authority of the same, That where any lands tenements and here- Deeds relating to Purchase of Lands for Charitable Purposes to be valid, although the Formalities prescribed by the recited Act have not been duly performed. VOL. I. No. XX. c. 85. ditaments, or any estate or interest therein, have or has been purchased 9 Geo. IV. for a full and valuable consideration, in trust or for the benefit of any charitable uses whatsoever, and such full and valuable consideration has been actually paid for the saine, every deed or other assurance already made for the purpose of conveying or assuring such lands tenements or hereditaments, estate or interest as aforesaid, in trust or for the benefit of such charitable uses, (if made to take effect in possession, for the charitable use intended, immediately from the making thereof, and without any power of revocation, reservation, trust, condition, limitation, clause, or agreement whatsoever, for the benefit of the Grantor, or of any person or persons claiming uuder him,) shall be as good and valid, and of the same effect, both for establishing derivative titles, and in all other respects, as if the several formalities by the said Act prescribed had been duly observed and performed, Act not to extend to Deeds avoided by Suits at Law. Not to dispense II. Provided always, and be it further enacted, That nothing in this Act contained shall extend to give effect to any deed or other assurance heretofore made, so far as the same has been already avoided by suit at law or in equity, or by any other legal or equitable means whatsoever, or to affect or prejudice any suit at law or in equity actually commenced for avoiding any such deed or other assurance, or for defeating the charitable uses in trust or for the benefit of which such deed or other assurance may have been made. III. Provided also, and be it further enacted, That nothing herein with prescribed contained shall be construed to dispense with any of the said several Formalities. formalities prescribed by the said recited Act, in relation to any deed or other assurance which shall be made after the passing of this present Act. ACTS FOR CONVEYANCES BY INFANTS, [No. I.] 7 Anne, c. 19.-An Act to enable Infants who WI HEREAS many inconveniences do and may arise by reason that 7 Anne, & 19. persons under the age of one and twenty years, having estates in lands tenements or hereditaments, only in trust for others or by way of mortgage, cannot (though by the direction of the cestuique trust or mortgagor) convey any sure estate in any such lands tenements or hereditaments to any other person or persons; For remedy thereof be it enacted, by the Queen'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 authority of the same, That from and after the tenth day of May one thousand seven hundred and nine, it shall and may be lawful to and for any such person After 10th May or persons under the age of one and twenty years, by the direction of the 1709, any perHigh Court of Chancery or the Court of Exchequer, signified by an order son under the made upon hearing all parties concerned on the petition of the person or age of 21, being persons for whom such infant or infants shall be seised or possessed in Trustees, &c. trust, or of the mortgagor or mortgagors or guardian or guardians of may by the disuch infant or infants or person or persons entitled to the monies secured rections of the by or upon any lands tenements or hereditaments, whereof any infant or Courts of Chaninfants are or shall be seised or possessed by way of mortgage, or of the cery or Excheperson or persons entitled to the redemption thereof, to convey and as- quer, convey sure any such lands tenements or hereditaments, in such manner as the such Lands, &c. said Court of Chancery or the Court of Exchequer shall, by such order so and such conto be obtained, direct to any other person or persons; and such convey- veyances shall ance or assurance so to be had, and made as aforesaid shall be as good and be good. effectual in law to all intents and purposes whatsoever, as if the said infants or infant were at the time of making such conveyance or assur+ ance of the full age of oue and twenty years; any law custom or usage to the contrary in any wise notwithstanding. II. And be it further enacted by the authority aforesaid, That all and An infant being every such infant or infants, being only trustee or trustees mortgagee or Trustee, &c. mortgagees as aforesaid, shall and may be compelled by such order so as may be comaforesaid to be obtained, to make such conveyance or conveyances assu- pelled to make rance or assurances as aforesaid, in like manner as trustees or mortgagees such convey. of full age are compellable to convey or assign their trust estates or ance, &c. mortgages. (1) (1) As to the effect of conveyances by infant trustees or mortgagees, independently of this statute, see Zouch v, Parsons, 3 Bur. 1794. - v. Handcock, 17 Vesey, 384. The statute extends only to trusts expressly declared, and not to trusts by implication of law, Goodwin v. Lyster, 3 P. Wms. 387. not to a devise to an infant subject to a charge for payment of debts. Anon. note, ibid. The infant must be a dry trustee, having no interest in the subject, v. Handcock. But the being a co-executor and co-residuary legates, is not such an |