CH. 2, s. 5. PT. II. T. 8, aforesaid shall be deemed and treated for all purposes of the first-recited Act and of this Act as if such deed or assurance for conveyance had declared such charitable uses and had been so enrolled as last aforesaid " (s. 4). 789. Act not to invalidate certain deeds, nor Nothing in this Act contained shall extend to render null and void or in any manner to affect or apply to any to extend to deed already good and valid by virtue of the secondly deeds, &c., already avoided, or to pending suits. When acknowledg ment not necessary. Act not to extend to Scotland, or Ireland, nor to prejudice the two universities, or of Eton, recited Act or of any other Act, or to give effect to any deed or assurance heretofore made so far as such deed or assurance has already been avoided by any suit at law or in equity, or by any other legal or equitable means whatsoever, or to affect or prejudice any suit at law or in equity actually commenced for avoiding any such deed or assurance, or for defeating the charitable uses in trust or for the benefit of which such deed or assurance has been made; and no deed, assurance, or instrument thirty years old, nor any deed, assurance, or instrument heretofore executed, as to which it shall be proved to the satisfaction of the clerk of enrolments in Chancery that the acknowledgment thereof by the grantor of the lands or hereditaments to which the same relates cannot be obtained within twelve calendar months after the passing of this Act, shall for the purposes of the first-recited Act or of this Act require acknowledgment prior to enrolment" (s. 5). 790. Nothing in this Act contained shall extend or be construed to extend to the disposition, grant, or settlement of any property or estate lying or being in Scotland or in Ireland, nor to make void any dispositions made or to be the colleges made to or in trust for either of the two universities, or Winchester, any of the colleges or houses of learning within either of such universities, in the first-recited Act mentioned, or to or in trust for the colleges of Eton, Winchester, or Westminister, or any or either of them, for the better support and maintenance of scholars only upon the foundation of the said colleges of Eton, Winchester, and Westminster" (s. 6). 791. or West minster. CH. 2, s. 5. Extension enrolment of assur By the stat. 25 & 26 Vict. c. 17, after reciting the stat. P. II. T. 24 Vict. c. 9, it is enacted as follows:-"The enrolment of every deed, assurance, and instrument which shall be of time for enrolled before the 17th of May, 1864, shall, for the pur- ances. poses of the said Act, have the same force and effect which it would have had if such enrolment had been within twelve calendar months next after the passing of the said Act" (s. 1). 792. c. 9, com all freehold orof customary tenure. "And whereas by the said Act it is enacted that certain Stat. 24 Vict assurances to be thereafter made bonâ fide on a sale for a prises full and valuable consideration should not be deemed null whether of and void by reason of the consideration consisting wholly or copyhold or partly of a rent, rent-charge, or other annual payment reserved as therein mentioned, and doubts have arisen whether the said enactment refers to any hereditaments not of copyhold or customary tenure; be it therefore declared and enacted, that the said enactment comprises and extends to all hereditaments whether of freehold or of customary or copyhold tenure, and to every estate and interest therein " (s. 2). 793. acknow of deeds prior to executed Act that Act. deed apply to had deed Acts to separate executed after passing "No deed, assurance, or instrument executed previously as to to the passing of the said Act shall, for the purposes thereof, ledgment require acknowledgment prior to enrolment" (s. 3). 794. "And whereas it is by the fourth section of the said enacted, that where the charitable uses of any such or assurance for conveyance as is therein mentioned been declared by any separate deed or instrument, then, of that Act. if neither of the said deeds or instruments had been enrolled, it should not be necessary to enrol such deed or assurance for conveyance, but every such deed or asurance for conveyance should be void, unless such other separate deed or instrument should be enrolled within such time as therein mentioned: and whereas it may happen that such deed or assurance for conveyance may have been executed before the passing of the said Act, but the sepa PT. II. T. 8, rate deed or instrument declaring the charitable uses may CH. 2, s. 5. to money permanent ments. not have been executed until after the passing of the said Act; be it therefore enacted, that the said Act and this Act shall be taken to apply as well to cases where such separate deed or instrument shall be or shall have been executed after as to cases where it may have been executed before the passing of the said Act; provided only that, if not already executed, it be executed within six months next after the passing of this Act" (s. 4). 795. Provision as "In all cases in which money shall have been really and expended in bona fide expended before the passing of this Act, in the improve- substantial and permanent improvement, by building or otherwise, for any charitable use, of land of any tenure whatsoever, of which possession is now held by virtue of any deed or assurance conveying or purporting to convey the same, or declaring any trusts or trust thereof for such charitable use, all money so expended shall be deemed, for the purposes of the said Act, equivalent to money actually paid by way of consideration for the purchase of the said land" (s. 5). 796. Act not to invalidate any deed. Demises for charitable uses to be deemed to take effect from the making thereof. Further extension "Nothing in this Act contained shall extend to render null and void any deed or assurance already good and valid" (s. 6). 797. By the stat. 26 & 27 Vict. c. 106, after reciting the last Acts and the 9 Geo. 2, c. 36, “every deed or assurance by which any land shall have been demised for any term of years for any charitable use shall, for all the purposes of the said recited Acts, be deemed to have been made to take effect for the charitable use thereby intended immediately from the making thereof, if the term for which such land shall have been thereby demised was thereby made to commence and take effect in possession at any time within one year from the date of such deed or assurance" (s. 1). 798. By the stat. 27 Vict. c. 13, after reciting the stat. 24 & CH. 2, s. 5. of time for of assur 25 Vict. c. 9, and the stat. 25 & 26 Vict. c. 17, "the enrol- PT. II. r. 8, ment of every deed, assurance, and instrument which shall be enrolled before the 17th of May, 1866, shall, for the enrolment purposes of the said recited Acts, or either of them, have ances. the same force and effect which it would have had if such enrolment had taken place within the said time by the said Acts respectively limited" (s. 1). 799. to separate executed "This Act shall be taken to apply as well to cases where Act to apply such separate deed or instrument as is mentioned in the instruments fourth section of the said second Act shall be or shall have after the passing of the 24 Vict. been executed after, as to cases where it may have been C. 9. executed before the passing of the said first Act; provided only, that if not already executed, it be executed within six calendar months next after the passing of this Act" (s. 2). 800. where original lost. "And whereas it may be impossible in some cases to Provision enrol the original deed creating a charitable trust by rea- dis son of the same having been lost or destroyed by time or accident, but nevertheless the trusts of such charity may sufficiently appear by some subsequent deed appointing new trustees, or otherwise reciting the trusts created by the original deed be it enacted, that in every such case it shall be lawful for any trustee or other person interested in such charitable trust to apply by summons in a summary way to the Court of Chancery for an order authorising the enrolment of such subsequent deed; and if the court shall be satisfied, by affidavit or otherwise, that such original deed has been lost or destroyed by time or accident, but that the trusts thereof sufficiently appear by such subsequent deed, then it shall be lawful for the said court to make an order authorising the enrolment of such subsequent deed; and the enrolment thereof shall have the same force and effect as the enrolment of the original deed would have had if the same had not been lost or destroyed as aforesaid" (s. 3). 801. Pr. II. T. 8, CH. 2, s. 5. "Every full and bonâ fide valuable consideration within the meaning of the first section of the said first Act which shall consist either wholly or partly of a rent or other as rent to be annual payment reserved or made payable to the vendor Valuable considera tion payable equivalent to a consi deration Any trustee, &c., of any apply to Court of Chancery for order enrolment of any deed, &c. or grantor, or to any other person, shall for the purposes of the stat. 9 Geo. 2, c. 36, be as valid and have the same force and effect as if such consideration had been a sum of money actually paid at or before the making of such conveyance without fraud or collusion" (s. 4). 802. By the stat. 29 & 30 Vict. c. 57, after reciting the stat. 9 Geo. 2, c. 36, the stat. 24 Vict. c. 9, the stat. 25 Vict. c. 17, and the stat. 27 Vict. c. 13, it is enacted as follows:"Any trustee, governor, director, or manager of any charity may charity, or any other person entitled to act in the management of or otherwise interested in any charitable trust, authorising may by summons in a summary way, and without service thereof upon any person, apply to the Court of Chancery for an order authorising the enrolment in the court of any deed, assurance, or other instrument whereby any hereditaments of any tenure or any estate or interest therein have or has been or shall be given, granted, or in any way conveyed, settled or charged for charitable uses, or of any other deed, assurance, or instrument relative to or connected with any charitable trust, and which deed, assurance, or instrument ought to have been enrolled, but has not been enrolled within the time by law limited for that purpose, or (where such deed, assurance, or instrument has been lost or destroyed by time or accident, and the trusts thereof sufficiently appear by some subsequent deed appointing new trustees, or otherwise reciting the trusts created by the original deed, assurance, or instrument) for an order authorising the enrolment of such subsequent deed" (s. 1). 803. If court satisfied "If the court shall be satisfied by affidavit or otherthat deed, wise that the deed, assurance, or other instrument con &c., was |