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Topic: Statutes of Mortmain


  
  Statutes of Mortmain - Wikipedia, the free encyclopedia
The Statute of Mortmain were two enactments, in 1279 and 1290 by King Edward I of England aimed at preserving the kingdom's revenues by preventing land from passing into the possession of the Church.
The Statutes of Mortmain provided that no estate should be granted to a corporation without royal assent.
And therefore we command you to cause the aforesaid statute to be read before you, and from henceforth firmly kept and observed.
en.wikipedia.org /wiki/Statute_of_Mortmain   (190 words)

  
 Corporation - LoveToKnow Watches
The power to acquire and hold land was incident to a corporation at common law, but its restriction by the statutes of mortmain dates from a very early period.
The English law against mortmain was dictated by the jealousy of the feudal lords, who lost the services they would otherwise have been entitled to, when their land passed into the hands of a perpetual corporation.
The law was consolidated by the Mortmain and Charitable Uses Act 1888, and the result is simply that corporations cannot take land for any purpose without a licence, and no licence in mortmain is granted by the crown, except in certain statutory cases in the interests of religion, charity or other definite public object.
www.1911encyclopedia.org /C/CO/CORPORATION.htm   (2054 words)

  
 Mortmain - ChristWiki   (Site not responding. Last check: 2007-10-21)
The expressions quoted from Lord Bacon, and an allusion of his to "plenty and purchasing", suggest the view that holding of land in mortmain, being opposed to land stirring abroad and its ready purchase, was in the nature of a public inconvenience or mischief.
Sir Edward Coke explains this statute to have been directed against some purposes which were thenceforth to be condemned as superstitious, although formerly approved as charitable, "such superstitious uses", he points out, "as to pray for souls supposed to be in purgatory, and the like".
For, notwithstanding mortmain statutes, and as if to protect the sovereign from the reproach which, according to Coke, he might otherwise have incurred, the lord chancellors seem, from a period long previous to that of King Henry VIII, to have protected and guarded trusts or uses in favour of charity.
christ.relately.com /wiki/Mortmain   (2833 words)

  
 Vidal: Binney and Sergeant
If the statutes of mortmain are in force, they do not intercept the grant on its way to the corporation; there must be an office found to escheat the property to the state.
The statute 23 Henry 8, a mortmain act, avoided deeds "for superstitious uses." But what were deemed to be so [**63] in England, are not held to be so in Pennsylvania.
The spirit of the statute of Elizabeth is extended to Ireland.
members.aol.com /TestOath/vida3binney.htm   (8101 words)

  
 Advisory Board of Directors:   (Site not responding. Last check: 2007-10-21)
Uses were introduced into England by the ecclesiastics in the reign of Edward Ill or Richard II for the purpose of avoiding the statutes of mortmain; and the clerical chancellors of those times held them to be fidei commissa, and binding in conscience.
To obviate many inconveniencies and difficulties, which had arisen out of the doctrine and introduction of uses, the statute of uses, or in conveyances and pleadings, the statute for transferring uses into possession, was passed.
The judges also held that, as the statute mentioned only such persons as were seised to the use of others, it did not extend to a term of years, or other chattel interests, of which a termor is not seised but only possessed.
www.balticbankinggroup.com /bbgdicionary/Use.htm   (358 words)

  
 Against the Grain Press - Knowledge is Freedom   (Site not responding. Last check: 2007-10-21)
The English statutes of mortmain were never in force in the English colonies; and if they were ever considered to be so in the State of Ohio, it must have been from that resolution by the Governor and judges in her territorial condition; and if so, they were repealed by the act of 1806.
The only way you can use the law of Mortmain on your behalf, and require a corporation to obtain a license from you, or reject its incorporation, because the corporation would consume your land, without your being able to own it again, is for you to be sovereign.
Jefferson assumed, maybe that is to harsh of a word, he believed as a result of his extensive legal training, through his command of five languages, that he was a freeman and had the Power to demand any corporation had to obtain a license to become a corporation.
www.atgpress.com /kifap/ans/a19.htm   (1026 words)

  
 Against the Grain Press - Knowledge is Freedom   (Site not responding. Last check: 2007-10-21)
I am pretty sure I sent it to you then, it was on the subject of mortmain, it is dead on point.
"The cases of purchases of land by aliens and corporations, under the statutes of mortmain, are not in point.
They were prohibited in England by the statutes of mortmain, but these statutes have never been adopted in this State, so that the common-law right to take an estate in fee, incident to a corporation (at common law), is unlimited, except by its charter and by statute.
www.atgpress.com /kifap/ans/a20.htm   (511 words)

  
 YourArt.com >> Encyclopedia >> lb:1279   (Site not responding. Last check: 2007-10-21)
March 5 - Lithuanian forces led by Traidenis defeat the Teutonic Knights in the Battle of Aizkraukle.
The first of the Statutes of Mortmain are passed under king Edward I of England, which prevents land from passing into possession of the church.
The second of two main surveys of the Hundred Rolls, an English census seen as a follow up to the Domesday Book completed in 1086, is begun; it lasts until 1280.
www.yourart.com /research/encyclopedia.cgi?subject=/lb:1279   (380 words)

  
 USE, Definition   (Site not responding. Last check: 2007-10-21)
To obviate many inconveniencies and difficulties, which had arisen out of the doctrine and introduction of uses, the statute of 274 Henry VIII, c.
10, commonly called the statute of uses, or in conveyances and pleadings, the statute for transferring uses into possession, was passed.
336; The rigid literal construction of the statute by the courts of law again opened the doors of the chancery courts.
www.legallawterms.com /Legal.asp-Definition-USE,   (362 words)

  
 Feudal Lordship of Winterborne Saint Martin - fitz Pain
Lay proprietors of Church benefices (advowsons or endowments) often considered them as a piece of property giving power to the holder and it was consequently a valuable asset that could be bought and sold.
The Statutes of Mortmain of 1279 and 1290 forbade all men to give land to the "dead hand" of a religious body without royal licence.
With some ingenuity, this practical restraint placed on large scale religious endowments was the likely cause that led to the particular form adopted by the pious donors of the thirteenth century for the expression of devotional feelings.
www.martinstown.co.uk /WEBSITE/fitzpain.htm   (2206 words)

  
 Dunham Bridge (Amendment) Act 1994   (Site not responding. Last check: 2007-10-21)
An Act for building a Bridge over the River Trent, from Dunham, in the County of Nottingham, to the opposite Shore, in the County of Lincoln.
In section 1, the words "in manner by this Act directed" in both places where they appear and the words "without incurring any of the Penalties or Forfeitures of the Statutes of Mortmain".
In section 7, the words "or to provide a proper and convenient Ferry and Boats and Barges" and the words "or Ferry".
www.opsi.gov.uk /acts/locact94/Ukla_19940008_en_10.htm   (273 words)

  
 Stewards of the Candle, Keepers of the Flame   (Site not responding. Last check: 2007-10-21)
The English common law - an instrument employed to establish and assure vitality to the monarchy and, hence, the Leviathan-early ordained a legislative and judicial policy against "restraints on alienation" (limits placed upon the free transfer of property by and to citizens and institutions, including those who took property by inheritance or gift).
Two of several examples, the judicially enacted "rule against perpetuities" and the Parliamentary Statutes of Mortmain, illustrate this policy.
The kings, through controlled Parliaments, restricted the amount of realty which could be devised to the Church, noting that the Church in the Middle Ages served as the primary institutional rival to the monarchical state.
libertyhaven.com /theoreticalorphilosophicalissues/ethics/stewards.html   (3339 words)

  
 Find in a Library: A succinct view of the history of mortmain and the statutes relative to charitable uses with a full ...
Find in a Library: A succinct view of the history of mortmain and the statutes relative to charitable uses with a full exposition of the last statute of mortmain, 9 Geo.
A succinct view of the history of mortmain and the statutes relative to charitable uses with a full exposition of the last statute of mortmain, 9 Geo.
WorldCat is provided by OCLC Online Computer Library Center, Inc. on behalf of its member libraries.
worldcatlibraries.org /wcpa/ow/cd952fd207e958f8a19afeb4da09e526.html   (212 words)

  
 mortmain - OneLook Dictionary Search
Mortmain : Online Plain Text English Dictionary [home, info]
Phrases that include mortmain: mortmain mountain lions, mortmain mountains, mortmain statute, statutes of mortmain
Words similar to mortmain: dead hand, dead hand of the past, more...
www.onelook.com /?w=mortmain&ls=a   (236 words)

  
 1290 oddd.org   (Site not responding. Last check: 2007-10-21)
- The second of the Statutes of Mortmain are passed under king Edward I of England, which prevents land from passing into possession of the church.
Wales became incorporated into England under the Statute of Rhuddlan in 1284 and in 1301 Edward created his eldest son Edward Prince of Wales, since which time the eldest son of each English monarch has borne the same title.
Edward decreed that all Jews wear a yellow patch in the shape of a star attached to their outer clothing to identify them in public (compare Star of David, Yellow badge).
1290.en.oddd.org   (10074 words)

  
 [No title]
WHEREAS The Trustee Board of The Presbyterian Church in Canada was incorporated by an Act passed by the Parliament of Canada, being chapter 64 of the Statutes of Canada, 1939;
AND WHEREAS the Trustee Board of The Presbyterian Church in Canada as defined under section 1 of this Act prayed that an Act may be passed respecting its property, rights and powers;
Until the said General Assembly makes by-laws, resolutions, rules or regulations for the government and control of the board, the board shall be subject to the government and control of the said Board of Administration.
www.magma.ca /~rev/ACT_19.HTM   (729 words)

  
 Geological Society - About Us - Petition and Supplemental Charter   (Site not responding. Last check: 2007-10-21)
That since 1874 Your Petitioner has occupied rooms in the Quadrangle buildings at Burlington House, Piccadilly, London without being required to pay any rent to the person or persons in whom the freehold interest in Burlington House has from time to time been vested.
That Your Petitioner is not empowered by the original Charter to accept a lease on the terms proposed and the Statutes of Mortmain referred to in the original Charter have been repealed.
These matters could be overcome by the grant to Your Petitioner of a Supplemental Charter in the terms of paragraph 1 of the draft Supplemental Charter scheduled to the said Petition.
www.geolsoc.org.uk /template.cfm/template.cfm?name=petition   (464 words)

  
 PJ Online | Articles (Changing the Charter: a history)
The yearly limit of £2,000 on these funds had, by the dawn of the 20th century, become inadequate.
The Society's funds were exceeding this level and, under a rule known as the statutes of Mortmain, it was in danger of forfeiting the excess.
The Society petitioned for a supplemental charter to increase the limit to £10,000.
www.pharmj.com /editorial/20030419/articles/charter.html   (2228 words)

  
 CanLII >> Consolidated Statutes of Quebec >> Mortmain Act
CanLII >> Consolidated Statutes of Quebec >> Mortmain Act
Quebec >> Statutes and Regulations >> R.S.Q. Mortmain Act, R.S.Q. c.
Fees payable under the Mortmain Act, Regulation respecting the, R.Q. c.
www.canlii.org /qc/laws/sta/m-1   (40 words)

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