with the requirements of the Act, and unless so made every such assurance is void (≈). Land as used in this Act had the widest possible meaning and included all estates and interests in law, money charged on land, and any personalty savouring of the realty. But this meaning has not been altered, and after the 4th August, 1891, the word is only to include tenements and hereditaments, corporeal or incorporeal, of any tenure, but not money secured on land or other personal estate arising from or connected with land (a).

The requirements of the Act, so far as relates to land, are that the assurance—

(1) If of land not being land of copyhold or customary tenure, must be by deed, executed in the presence of at least two witnesses (b), or by registered disposition under the Land Transfer Act, 1875, or any Act amending it (c).

(2) Unless made in good faith for full and valuable consideration, must be made at least 12 months before the death of the assuror (d).

(3) Must be made to take effect in possession for the charitable uses to or for the benefit of which it is made immediately from the making thereof (e). (4) Must be without any power of revocation, reservation, condition, or provision for the benefit of the assuror, or of any person claiming under him, except that the instrument may contain any of the following provisions if reserved to the persons claiming under the assuror as well as the assuror himself: (a) the grant or reservation of a peppercorn or other nominal rent; (b) the grant or reservation of mines or minerals; (c) the grant or reservation of any easements; (d) covenants or provisions as to the erection, repair, position, or descriptions of buildings, the formation or repair of streets or roads, drainage or nuisances, and

(z) 51 & 52 Vict. c. 42, s. 2.
(a) 54 & 55 Vict. c. 73, s. 3.
(b) 51 & 52 Vict. c. 42, s. 4 (6).

(c) Ibid. s. 9.
(d) Ibid. 8. 4 (7).
(e) Ibid. s. 4 (2).

covenants or provisions of the like nature for the use and enjoyment as well of the land comprised in the assurance as of any other adjacent or neighbouring land; (e) a right of re-entry on non-payment of any such rent or on breach of any such covenant or provision; (f) any stipulation of the like nature for the benefit of the assuror, or of any person claiming under him (ƒ).

(5) Must, unless made by registered disposition under the Land Transfer Act, 1875, or any Act amending it, within six months after execution be enrolled in the Central Office of the Supreme Court (g).

The above provisions do not apply to

(1) Assurances by deed for a public park, elementary school, or public museum made for full and valuable consideration, or executed not less than 12 months before the death of the assuror and enrolled in the books of the Charity Commissioners within six months after the execution of the deed (h).

(2) Assurances by deed to public authorities for purposes for which they are authorized to acquire land (i). (3) Assurances for certain specified universities, colleges, and societies (k).

(4) Assurances under any statute in force at the time of the passing of the Mortmain and Charitable Uses Act, 1888 (7). For a complete list of statutory exemptions from the provisions of the Act of George II. still existing, see Index to the Statutes Revised, title "Mortmain."

(5) Assurances by deed for the purpose of providing dwellings for the working classes in populous places. The deed must be enrolled with the Charity Commissioners within six months after its execution (m). The conveyance to other trustees or another charity of

(f) 51 & 52 Vict. c. 42, s. 4 (3) (4).

(a) Ibid. ss. 4 (9), 9.

(h) Ibid. s. 6.

(i) 55 & 56 Vict. c. 11.

(k) 51 & 52 Vict. c. 42, s. 7.
(1) Ibid. s. 8.

(m) Working Classes Dwellings Act, 1890 (53 & 54 Vict. c. 16).

land already devoted to charitable purposes does not fall within the Acts relating to charitable uses (").

Lands devised by the will of a testator dying before the 5th August, 1891, were subject to the provision referred to above, which, in effect, prohibited the gift of an interest in land by will to any charitable uses other than assurances to certain specified universities, colleges, and societies, and assurances under any statute in force at the time of the passing of the Mortmain and Charitable Uses Act, 1888 (o). Land not exceeding 20 acres for a public park, and not exceeding two acres for a public museum, and not exceeding one acre for a school-house, and (after 24th July, 1890) not exceeding five acres for dwellings for working classes in populous places, was, however, a further exception; but a will containing an assurance of such land must have been executed not less than 12 months before the death of the assuror or be a reproduction in substance of a devise made in a previous will in force at the time of such reproduction, and which was executed not less than 12 months before the death of the assuror, and must be enrolled in the books of the Charity Commissioners within six months after the death of the testator (p).

By the Mortmain and Charitable Uses Act, 1891, land may be devised by the wills of testators dying after the 4th August, 1891, to or for the benefit of any charitable use, but such land must be sold within one year from the death of the testator or such extended period as may be determined by the Court or judge at chambers or by the Charity Commissioners (4). The effect of this is to repeal sect. 4 of the Mortmain and Charitable Uses Act, 1888 (r), so far as it relates to wills (s). As soon time limited for the

(n) Walker v. Richardson, 2 M. & W. 882; M. & H. 251; Att.-Gen. v. Glyn, 12 Sim. 84; Ashton v. Jones, 3 L. T. 49; 8 W. R. 633; 6 Jur. (N. S.) 970; 28 Beav. 460.

(0) 51 & 52 Vict. c. 42, ss. 7, 8. (p) Mortmain and Charitable Uses Act, 1888 (51 & 52 Vict. c. 42, s. 6;

as the

53 & 54 Vict. c. 16).

(2) Mortmain and Charitable Uses Act, 1891 (54 & 55 Vict. c. 73), s. 5.

(r) 51 & 52 Vict. c. 42.

(s) Re Hume, Forbes v. Hume, (1895) 1 Ch. 422; 64 L. J. Ch. 267; 72 L. T. 68; 43 W. R. 291; 12 R. 101.

sale of any lands under any such assurance has expired without completion of the sale of the land, the land unsold vests forthwith in the official trustee of charity lands, and the Charity Commissioners must take all necessary steps for the sale or completion of the sale of such land, to be effected with all reasonable speed by the administering trustees for the time being (t).

The Court or judge in chambers and the Charity Commissioners have power, if satisfied that land assured by will to or for the benefit of any charitable use or proposed to be purchased out of personal estate by will directed to be laid out in the purchase of land is required for actual occupation for the purposes of the charity and not as an investment, to sanction the retention or acquisition, as the case may be, of such land (u).

Requisitions.

1. Is the X. Society incorporated under any, and, if so, what, statute authorizing corporations registered thereunder to hold lands in mortmain? If not, the vendors must produce the licence from the Crown enabling them so to do,

2. How is the consent of the Charity Commissioners to the conveyance to the vendors the B. Hospital trustees shown?

3. It does not appear from the abstract that the conveyance to the trustees of A.'s Charity was enrolled in the Central Office. Was this done, and, if so, on what date?

4. The certificates of incorporation of the A. B. Co., Ltd., must be produced in order to show that such company was duly registered under the Companies Act, 1862, and, therefore, capable of holding and conveying land.

5. The certificate of incorporation under the Building Societies Act, 1874, of the N. P. Building Society should be abstracted in chief and must be produced.

(t) Mortmain and Charitable Uses Act, 1891 (54 & 55 Vict. c. 73), s. 6. (u) Ibid. s. 8.

NAME AND ARMS CLAUSE.

A name and arms clause, that is to say, a clause intended on the failure of a condition for taking and holding a certain name and arms to defeat an estate and to give the property over to another person, usually operates by means of a shifting use, which, on the failure of a person to whom the estate is given to adopt the name and arms specified, vests the land in the person next entitled.

Clauses of this description are construed strictly, and the limitation for cesser of the former estate and the limitation over must fit in with one another with exactness (x). They are generally employed in connection with the settlement of real estate. The usual form is applicable to successive limitations of estates for life and in tail, but not to a gift of the ultimate estate in fee simple, as there could be no person entitled in remainder thereafter to whom the estate could go over; and even apart from this, such a gift over would, in most cases, be void under the rule against perpetuities (y).

In the case of an estate tail the limitation over, being in defeasance of such estate, is capable of being barred by a disentailing assurance.

On the sale of his life estate by a person entitled in remainder to an estate subject to a name and arms clause, the purchaser runs a risk of losing the estate by the neglect of the vendor to adopt the name and arms in accordance with the clause; the purchaser is under no liability to adopt them himself, but he should require a bond with sureties to secure the taking of them by the vendor.

Where a name and arms clause requires a devisee to take the testator's surname, the addition by the devisee of such surname before is not, but the addition after his own name is, a compliance with the terms of the bequest (z).

(x) Musgrave v. Brooke, 26 Ch. D. 792; 54 L. J. Ch. 102; 33 W. R. 211.

(y) Re Catt's Trusts, 33 L. J. Ch. 495; 10 L. T. 409; 12 W. R. 739; 10 Jur. (N. S.) 536; 4 N. R. 88; 2 H. & M. 46; Bird v. Johnson, 18

Jur. 976; 2 W. R. 692; 23 L. T. 320; Musgrave v. Brooke, 26 Ch. D. 792; 54 L. J. Ch. 102; 33 W. R. 211.

(z) D'Eyncourt v. Gregory, 1 Ch. D. 441; 45 L. J. Ch. 205; 24 W. R. 424.