Book contents
- Frontmatter
- Contents
- Preface
- List of Abbreviations
- Table Of Statutes
- Table Of Cases
- THE DEVELOPMENT OF THE LAW OF CHARITY 1532–1700
- THE DEVELOPMENT OF THE LAW OF CHARITY 1700–1827
- VI Introduction
- VII The Mortmain Act, 1736
- VIII The Preamble to the Charitable Uses Act, 1601, and the Definition of Charity
- IX The Influence of the Mortmain Act, 1736, on the Definition of Charity
- X The Development of the Law of Charity 1700–1827: The Privileges of Charity
- XI The Enforcement of Charitable Trusts 1700–1827
- Appendixes
- Index
X - The Development of the Law of Charity 1700–1827: The Privileges of Charity
Published online by Cambridge University Press: 07 October 2011
- Frontmatter
- Contents
- Preface
- List of Abbreviations
- Table Of Statutes
- Table Of Cases
- THE DEVELOPMENT OF THE LAW OF CHARITY 1532–1700
- THE DEVELOPMENT OF THE LAW OF CHARITY 1700–1827
- VI Introduction
- VII The Mortmain Act, 1736
- VIII The Preamble to the Charitable Uses Act, 1601, and the Definition of Charity
- IX The Influence of the Mortmain Act, 1736, on the Definition of Charity
- X The Development of the Law of Charity 1700–1827: The Privileges of Charity
- XI The Enforcement of Charitable Trusts 1700–1827
- Appendixes
- Index
Summary
Throughout this period vigorous attempts were made to restrict the scope of the privileges anciently awarded to charity. But precedent enabled the majority of them to survive. Even Lord Northington, the most zealous of the supporters of the Mortmain Act, 1736, was uncomfortably aware that the principle that settled rules of construction should not be disturbed was of paramount importance; he would not ‘shake foundations’ and overturn the ‘old cases,’ or the most disastrous consequences would ensue. And Lord Eldon considered
this principle is of so much importance in administering the justice of the country, that according to my notion, if there has been not merely a variety of cases, but even only one ancient case, and there has been practice and experience in favour of it, it ought to be adhered to.
Some privileges, because they were so well established, escaped the faintest murmur of criticism. So, for example, there was never any question that the Chancellor would hear any charitable suit even though the amount in dispute was less than forty shillings, and no decision suggested that the analogy of any statute of limitations or the doctrine of laches should bar a claim by a charity.
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- Chapter
- Information
- History of the Law of Charity, 1532-1827 , pp. 134 - 159Publisher: Cambridge University PressPrint publication year: 1969