ROMAN CATHOLIC CHARITIES BILL. (Hansard, 4 June 1855)

THE LORD CHANCELLOR
, in moving the second reading of the Bill, stated the circumstances under which it was introduced. Before the passing of the Roman Catholic Relief Act the foundation of charities belonging to that body was illegal, and the consequence was that Roman Catholic 1312 charitable institutions were formed and conducted in secret. The Relief Act passed in 1829, but it still remained doubtful whether charities already existing, or charities which might afterwards be founded, would be valid or not. At the instance of Lord Brougham, an Act—the 2 & 3 Will. IV.—was passed, making it lawful to create charities for Roman Catholics; but the question was raised soon after, whether that Act was or was not retrospective in its operation. Lord Brougham thought it was; and Lord Cottenham, upon the question being raised before him in the Court of Chancery, acted upon that view, without, however, expressing any opinion of his own. The question was afterwards raised in Ireland, and great doubt existed as to whether the Act was retrospective. He must own that he thought it was doubtful whether it was retrospective, and whether it did apply to charities not registered according to the provisions of the Mortmain Act. When the Charitable Trusts Act passed two years ago, there was a special provision to the effect that it should not apply to Roman Catholic charities for the space of two years. It now became necessary to legislate on the subject; and what he proposed was simply to put the Roman Catholic charities upon a footing as nearly as possible analogous to that of those Dissenting charities which stood in the same situation with regard to the law about ten years ago. What Parliament enacted in 1844 was, that Dissenting charities, which were then illegal, should be held as valid as if they had been founded subsequent to the removal of the disabilities. That was substantially what the present Bill proposed. It enacted that all Roman Catholic charities which would be valid if they had been created since the Act of 1832 should be now valid, although they were invalid at the time of their foundation.

LORD CAMPBELL
was afraid that the words, "or other charitable purposes," introduced into one of the clauses of the Bill, were too extensive, and might give a legal sanction to institutions of an objectionable nature.

THE LORD CHANCELLOR
said, that as the Bill applied only to such charities as might be legally created under the Act of 1832, there was no ground for the apprehensions of his noble and learned Friend.

§ THE EARL OF DERBY
desired to know whether the Bill would not set aside the 1313 provisions of the Mortmain Act with respect to mortgages upon land?

THE LORD CHANCELLOR
said, it would not, although it of course applied to charities which in no case could have been enrolled under the Mortmain Act, they being void in law.