accumulation of landed property in the hands of ecclesi- astical bodies, and protection of the state interests, es- pecially in view of the evasions of the Church. But even this provision failed to meet the case. The wily churchmen found a way to evade compliance with this law by a collusive action brought in court for each piece of real estate the Church wished to get title of. In this way an individual entirely under control of the Church would take the title to the projjerty and occupy it ; then the religious corporation woidd bring a suit of ejectment against him, claiming that the title in the property was in the Church, and that he was illegally keeping the Church out of it. The tenant, being in collusion with the Church, would make no defence, and a decree on defaidt would be taken, adjudging the prop- erty to the Church ; then they would hold it by a de- cree of court called a recovery. Thus the statute of the 7 Edward I was completely evaded and the state cir- cumvented. Another statute, the l.S Edward I, was passed, prohibiting religious corporations from taking either by gift, purchase, lease, or recovery. Priestly in- genuity, however, in a short time succeeded in meeting also this provision, and for its evasion introduced into England from the Koman law the doctrine of uses, by which the title of real estate Avould be in another ; but he would hold it to the uses of a religions house, so that the religious corporation would get all the benefit of the real estate, the naked title standing only in the indi- vidual. This practice was shielded imder a royal char- ter of license, which (as e. g. by 17 Car. H, c. 3) enacted, " Ever\' owner of an}' impropriations, tithes, or portions of tithes, in any parish or chapelry, may give and annex the same, or any part thereof, unto the patronage or vicarage of the said parish church or chapel where the same do lie or arise; or settle the same in trust for the benefit of the said parsonage or vicarage, or of the cu- rate or curates there successively, where the parsonage is impropriate and no vicar endowed, without any li- cense or mortmain." The evil became so oppressive that finally the 15 liichard II was enacted to head off the priests from swallowing uj) the fruits of the lands under their new doctrine imported from Italy of uses and trusts. But again priestcraft gained the upper hand, and by the 23 Henry VIII, c. 10, it was enacted, " That if any grants of lands or other hereditaments should be made in trust to the use of any churches, chapels, churchwardens, guilds, fraternities, etc., to have perpetual obits, or a continual service of a priest forever, or for sixty or eighty years, or to such like uses and in- tents, all such uses, intents, and purposes shall be void ; they being no corporations, but erected either of devo- tion or else by the common consent of the people ; and all collateral assurances made for defeating this statute shall be void, and the said statute shall be expounded most beneficially for the destruction of such uses as aforesaid." Even this provision faileil to cover the case; and at last, in 1736. the celebrated statute of George II was passed, which effectually put an end to all eva- sions of ecclesiastical taxation. lVrha|)S even it would have been insufhcient to co|)e witli Uomish cunning, but the dethronement of the Koman Catholics from their former predominance as an ecclesiastical body no doubt greatly contriliutcd to a successful issue in the question. It was the confiscation of Church projicrty in the reign of Henry VHI that paved the way for a successful issue of the provisions sought for in the statutes of mortmain. The statute of mortmain as enacted luuler (Jeorge II, which is entitled, '■ An Act to restrain the Disposition of Lands, whereby the same become inalienable." is now the leading ICnglish act. It forbids the gift of money or lands to charitable uses except by deed operating immediate/;/, and without power of revocation, formally executed and enrolled in chancery at least six months before the donor's death. Tliis provision was made es- pecially to prevent priests and others from importuning a dying man to convey his land for charitable purposes. Hence, though a person can, in England, up to the last
MORTMAIN"
663
MORTON
hour of his life, if possessing sufficient knowledge of what he does, devise by will all his land to individuals absolutely, it is otherwise if he intend to give the land to trustees for a charitable purpose, as to build a church, or school, or hospital. The statute of mortmain, 9 George II, c. 36, reciting that public mischief had greatly in- creased by many large and improvident dispositions made by languishing and dying persons to charitable uses, to take place after their deaths, to the disinherit- ance of their lawful heirs, enacts that in future no lands or sums of money to be laid out in land shall be given to any person or body, unless such gift or conveyance shall be made or executed in presence of two witnesses twelve months before the death of the donor or grantor, and be enrolled in the Court of Chancery within six months after the execution. Therefore a person on death-bed cannot in England give laud, or money to buy land, for a cliaritable purpose. It can only be done in the life of the donor, at least twelve months before his death ; and the property must be completely alien- ated, so that he has no further control over it. The deed must have a present operation, and must not re- serve any life-interest to the donor; it must be done at once and forever. The policy of this statute has sometimes been questioned, and several well-known modes of evading the statute have been adopted from time to time. Tlie act has been held to apply onlj' to land locally situated in England : and hence, if the land is situated in Scotland, or the colonies, or abroad, a will conveying it for charitable purposes will receive effect. In Scotland tlie mortmain act has no application ; but the reason for this is that the common law of Scotland contains a similar check on the alienation of land on death-bed, and which, in some respects, has a universal ap- plication. Several acts have been passed since 9 George