The Sun.
London, England, 1855-07-05 00:00:00

MORTAIAIN BILL

The house then went into committee on the above bill.
All the clauses (seven in number) having been
agreed to.
Mr. MOWBRAY moved to add a clause after clause
6, as follows :—" And whereas it has been held, on the
construction of the first recited act, that a pecuniary
bequest to or in trust for any charitable use is void under
the provisions of the said act, to the extent of the pro-
portion which the assets of the testator, consisting of
personalty savouring of realty, bear to the assets
of the testator consisting of pure • personalty ;
and if the assets of the testator consist en-
tirely of personalty savouring of realty, then that
such bequest is wholly void, and by the rules of
courts of equity the assets are not marshalled in favour
of such bequest, whereby the lawful intentions of testa-
tors are often disappointed ; be it enacted, that no pe-
cuniary bequest to or in trust for any charitable use
contained in any will or codicil made after the passinc,
of this act shall fail or abate by reason only that the
assets of the testator shall consist wholly or in part of
personalty savouring of realty, but every such be-
quest shall be payable as well by and out of such as-
sets as last aforesaid, as by and out of any assets con-
sisting of pure personalty, in the same manner in all
respects as a pecuniary bequest of like amount made by
the same will or codicil to a purpose not charitable
would have been payable if the same bad been substi-
tuted therein for such charitable bequest, anything in
the said recited acts, and any rule or practice of equity
to the contrary notwithstanding."
Sir G. GREY said, in the absence of the Solicitor-
General, he should not at present offer any opposition to
the clause. Any objection that the Solicitor-General
might have to it could be made at a future stage of the
bill.
The clause was then added to the bill.
Mr. G. BUTT then moved the addition of the follow-
ing clause to clause 6 :—" And whereas by the herein-
before recited act passed in the ninth year of the reign
of his late Majesty King George the Second, it was
also enacted, that from and after the twenty-fourth day
of June, one thousand seven hundred and thirty-six, no
sum or sums of money, goods, chattels, stocks
in the public funds, securities for money, or
any other personal estate whatsoever to be laid
out or disposed of in the purchase of any lands, tene-
ments, or hereditaments, should be given, appointed, or
any ways settled in trust or for the benefit of any chari-
table uses whatsoever, unless such gift, appointment, or
settlement of any such sum or sums of money or personal
estate (other than stocks in the public funds) were made in
the same manner and subject to the same conditions as are
by the now reciting act enacted and prescribed in reference
to corporeal or incorporeal hereditaments, and unless such
stocks were transferred in the manner and subject to the
conditions in the same recited Act also enacted and pre-
scribed in reference to such stocks : and whereas doubts
have been entertained as to the meaning of the last here-
inbefore recited enactment, be it enacted, that no be-
quest contained in any will heretofore or hereafter to
be made for any charitable uses whatsoever, which
bequest is or shall be valid in all other respects,
shall be deemed to be null and void within the meaning
of the last hereinbefore recited enactment, unless by the
will containing such bequest it shall be imperatively re-
quired that the subject matter of such bequest shall be
laid Out or disposed of in the purchase of lands, tene-
ments, or hereditaments."
The clause was added to the bill, and the bill as
amended was ordered to be considered on Friday next.
DWELLING-ROUSES (SCOTLAND) BILL.

Oa the order of the day for the third reading of this
bill,
Mr. DUNLOP moved the insertion of a clause to
enable labouring men to acquire houses under the Act
by a cheap, easy, and secure method of transfer, in lieu
of the present vexatious system prevailing, in Scotland.
Mr. G. BUTT seconded the motion, which was also
supported by Mr. WILKINSON.
The CHANCELLOR of the EXCHEQUER sug-
gested the postponement of the third reading of the bill
till to-morrow, in order that he might have an oppor-
tunity of consulting the Commissioners of Inland revenue
on the operation of the proposed clause on the revenue.
The further consideration of the bill was postponed
accordingly.
The Stock in Trade Bill was read a third time and
passed.