money at all, but in the task of protecting from abuse the money which has long before been given by others. (II.) So far as Restrictions upon the creation of charitable endowments are concerned, the English law seems to err both by excess and by defect. It is too lax as to the objects for which, too stringent as to the kind of wealth with which, Foundations are endowed. There are, as we have seen, * many species of Charities which economic science has long condemned, but which the law still permits to be created. Surely the time has come when the creation of permanent endowments for doles, for marriage-portions, for poor relations, for apprentices' premiums, for almshouses, for primary schools, should no longer be allowed, except where peculiar local circumstances may justify the Charity Commissioners in conceding special permission for such a gift. But on the other hand we have found that English law places unnecessary restrictions on the gift of real property to Charities. Some provision, like that made by the Act of Geo. II., for the registration of such gifts is undoubtedly prudent; and it is desirable that registration should be rendered equally compulsory in the case of gifts of personalty.† But the remaining provisions of the Act-which render it illegal to give lands to a Charity during the last year of the donor's life, or by his will-appear, as we have seen, to serve no purpose of appreciable value, whilst they frequently prevent the creation of very useful endowments, and still more frequently cause money to be wasted in costly litigation.§ (III.) But the want of adequate means for the Revision of endowments is probably the most injurious defect in our present jurisprudence of Mortmain. The great wealth and the great public spirit of our people, coupled with the peculiar laxity of our law, has enriched England with so long a series of Foundations, that the practical results produced by all the earlier, and by many of the later, ones have become widely changed by the change of surrounding cir cumstances. The details, and in many cases the main objects, of the Foundation have become obsolete. We have already seen* how inadequate a provision our existing law has made for readjusting such endowments to the new wants of new times. A Tribunal of Revision is required which, whilst allowing every wise Founder an adequate Term of Inviolability for the undisturbed trial of the experiment he has planned, shall have power to save his gift from being wasted, and to correct his errors, as soon as the results of the trial demonstrate that his experiment has failed. The institution of such a Tribunal is the chief duty that will devolve upon the statesman who undertakes the noble task of completing the work of Brougham and Cranworth, and giving a perfect form to the English law of Charities. CONTENTS. A. ALMSHOUSES, doubtful benefits of, 55 pensions preferable to, 55 the most beneficial kind of, 56 AMERICAN law, 14, 31, 119, 120 APPRENTICE-FEES, evils of charities for paying, 54 B. greater than foresight of mankind, 5, 17 experiments in, to be made by endowments, 25 Turgot's view of endowments not opposed to, 28 individual, compared with doles, 41 BEQUESTS, IRISH Board of, 128, 173, 200 BIRMINGHAM GRAMMAR SCHOOL, 89, 97, 99 regarded as gifts to public Exchequer, 141-2, 187, 221 CHARITABLE TRUSTS ACTS, 84, 97, 99, 114, 142, 151 (See Charities CHARITIES, revision of, a necessary consequence, 3, 160 وو evils and abuses inherent in, 3, 133, 146 difference of opinions as to, 39 for providing loans, 39, 40, 55, 157 are favoured by the law, 57, 69 assets not marshalled in favour of, 73 arguments against gifts of land to, 78-87 English law of, compared with French, 111, 112 "General Digest of Endowed," 137 publication of balance sheets of, 141 aid of Chancery ruinous to, 148 main causes of obsolescence of, 160 and the cy-pres doctrine, 199, 210 favoured by the Legislature and the courts, 57, 69 (See ENDOWMENTS, Restriction, Revision, Supervision, Mort- CHARITY, universal scope of, 4 "should begin at home" considered, 22 Turgot's view of the proper objects of, 30 lands, registry of, needed, 85, 93 defined by Elizabeth's statute, 255 CHURCH and State and endowments, 14, 224 COMMISSIONERS, CHARITY, Board of, established, 151 COMMISSIONERS, Charity Inquiry (1818-1837), 134 CONDORCET quoted, 160 CONVERSION of charity lands into money, proposed, 94 CORPORATIONS, charitable (See Incorporation. Charities Public, Endow- ments) CY-PRES DOCTRINE as applied to Charities, 199 210 D. DEATHBED dispositions, 117–122 Digest, General, of Endowed CHARITIES, 137 DISCOURAGEMENT caused by revision of Charities, 187–191 reprobated by all authorities, 40, 47, 48 reprobation of them paradoxical, 40 their bad effect on non-recipients, 43 evil of, considered mathematically, 45 instances of minute, excessive, and indiscriminate, 45-49 instances of evil resulting from, 49-51, 84 E. EDUCATION and free trade, 26 gratuitous, 52, 236 Eliot, George, quoted, 101 ENDOWMENTS, evils incident to, 6, 17, 133 administration of, contrasted with their object, 12--16 ecclesiastical, and the "principles of caducity," 14 attitude of Nonconformists opposed to, 10, 11 (See Charities, Enrolments, Favour, Mortmain, Restriction, F. FAVOUR to charities, how shown by State, 244 FEUDAL rights invaded by Mortmain, 79 FIELDING quoted, 63 FOUNDATION (see Endowments, Charities, Turgot) FOUNDER, object of, hindered by his directions, 6, 8, 16, 42, 163 merit of, confused with value of foundation, 23 (See Vanity.) FOUNDLING HOSPITALS, 53 FREE TRADE, 26 |