The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1834-01-29
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sunJtVti tH0y ""'o wv"
the pgopristy ofpermitling corporations
of any sort, to hold real estate TO any
large amount. l, has been the policy
of the law in most of these United States
10 discourage MS much as possible oil en-
tail, .en,s and restraints upon the free
dom of alienation Of landed property
which would have the effect of keeping
1t locked up in the possession Of any
particular line Of individuals.
Ihe same reasons which have led law
givers TO discourage aud restrain the
power Of cniaiment in private indlyidu-
ais apply with lenfold force TO corpora
tions which in contemplation Of law ne.
yer die. Landed estates when given to
them may remain locked up in their
possession forever, aud much, OF 1t is
given ~ them with the condition express
or implied that they shall not ALLEVIATE
1t.
In many Of the charters which have
been granted to religious corporations
IN r.. ]. there IL no llpitniIon whatever
of the quantity or vsiue Of the real es-
tate they are empowered to hold, and IN
almost all the cases " here the charter
does contain n limitation, your commit
tee ore OF opinion that the limit is set
TOO high, So high 10 many cases as TO be
IN effect no Limitation Ht all.
IN eur mother country the danger Of
the real estate nf the kingdom by get
ling all into the possession Of relig ous
and charitable corporations was nj one
time so great as TO occasion, the enact
menl Of laws generally denomina,ed the
Statutes Of mortmain, curtaling the
poweY Of these corporations to take and
hold properly, and to prevent them from
receiving devises by will. II has gener.
ally been considered as an established
principle that such English Statutes ns
were passed before the settlement Of this
country and are applicable to our cir
cumstances, form a part of our common
law, and these Statutes were passed at n
very early period of English history.
Yet as the highest Court in neighbor.
ing State have expressed their opinion
that these statutes have never been re.
acted or adopted in this country, and as
the question may therefore be consider
commend The attention Of the EegisIa.
lure TO this subject.
The subject Of deSiSes to corporations,
and especially to religious corporations
deserves serious deIlberation. 1t is
matter Of common experience that men
= who show the greatest strength of min
10 all the ordinary affairs of life, often
exhibit most lame nta Die instances of the
weakness of human nature when redu-
cod by sickness and brought near TO
death. These are the favorable times
for prevailing upon them TO give away
their property TO churches and charities,
and as 'he clergy are from the nature of
their sacred office almost always called
TO attend upon sick bed, the laws
ought to interiors, TO prevent the de-
signing and lll-d,spUsed from making a
wrong use of the influence they may
thus obtain.
1t is believed that by far the greater
part OF the property of religious corpor-
ations has been given them by devise in
wills, and not by deeds or other convey I
ances. {
Your committee would therefore re- d.
comment the passage of a law, proyid- |
ing, (as IN the E0glish law,) that no c
conveyance 10 n religious or charitable
corparation he valid either against The t
donor, his heirs, assigns, or third per- t
sons, unless by deed, duly executed, ac-
knowledseJ and rccolded at least one T
year before the death Of the donor. I
Much of the aoas given to religious d
corporations is given to them on the {
condition, express or implied, that they t
shall never ALLEVIATE it, and perhaps there .
may be few corporations to which the q
power of alienation has not been grant. ,
ed. But this regulation is rendered of