Practical Treatise on the Law of Charities (Classic Reprint)

Excerpt from Practical Treatise on the Law of Charities It was the Author's intention, that the present work should have been accompanied with a preliminary dissertation upon the Civil and Canon Laws, as they respectively bear on the subject of charitable donations. Some inquiry of that sort seemed proper, if not for the purpose of conveying an accurate understanding respecting this branch of English law, at all events with a view to a more systematic mode of dealing with the subject. It is observable, that notwithstanding the famous declaration of the Barons - Nolumus leges Anglioe mutari - the Legislature, and more particularly the Judges of the land, have never hesitated to draw from the Justinian Code such maxims and precepts as appeared calculated to supply deficiencies, or suggest improvements in the laws of their country. Although the proposal of the clergy wholly to supplant the laws of England was repudiated with disdain, yet there was no desire to reject the lights which the civil law afforded for the purpose of amelioration. In no one instance have we drawn so largely upon that code as in the case of Charities. The cy pres doctrine, which forms by far the most important feature in the following Treatise, is derived exclusively from that source. It would seem to result therefore, that in particular instances a reference to the civil law would be highly desirable. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.