MORTMAIN BILL. (Hansard, 15 May 1855)

§ MR. ATHERTON

said, that in moving for leave to bring in a Bill to amend the laws relating to mortmain, he did not propose to interfere with the Law of Mortmain strictly so called, but merely to dispense with the restrictions with respect to the conveyance of land for charitable uses on full consideration, with the exception of that restriction which required the enrolment of the deed in Chancery within six months after its execution. With respect to deeds which had been already granted, but not on full consideration, he proposed to retain the restriction that they must be executed twelve months before the granter's death. He proposed that the other requirements of the Statute of George II. should be dispensed with, provided the deed was enrolled within six months of its execution. At present such a deed was void if it contained certain reservations; but he proposed that it should not be invalid in such cases provided the reservations were not such as tended to an undue alienation of land. He proposed also to extend the principle of Mr. Peto's Act, 13th & 14th Vic. c. 27, to land disposed for charitable uses, so that the deed of first conveyance might operate as a transfer to the persons appointed to succeed the original trustees.