CHARITABLE USES, CHARITIES. Gifts to general public uses, which may 'ex tend to the rich as well as the poor. Ambl. 651; 2 Sneed, 305.
Gifts to such purposes as are enumerated in rthe act 43 Eliz. c. 4, or which, by ana logy, are deemed within its spirit or intend ment. Boyle, Charity, 17.
They had their origin under the Christian dis pensation, and were regulated by the Justinian Code. Code Just. i. 3, De Epiae. et Cler.; Domat, b. 2, t. 2, 6, 1, b. 4, t. 2, ? 6, 2; 1 Eq. Cite. Abr. 96; Mr. Binnsy's argument on the Girard Will, p. 40; Chastel on tho Charity of 'the Primitive Churches, b. 1, e. '2, b. 2, e. 10; Ce)dez donagionem pictruni, pteattivn. Under that system, donations for .pious useswhieh not a regular and 'determined des tination were liable to be adjudged invalid, until the edicts of Valentinian III. and Marcian de clared that legacies in favor of the poor should be maintained even if the legatees were not desig nated. Justinian completed'the work by sweeping all euel general gifts into the coffers of the church, to be administered by the bishops. It should seem that, by the English rule before the statute. gene ial end indefinite trusts for charity, 'especially if no trustees were 'provided, were invalid. If ^sustain able, it was under the king's prerogative, laser oising in that respect a power analogous to that of the ordinary in the disposition of Lona vacantio prior to the Statute of Distributions. F. Moore, 882, 890 ; Burke, Char. Uses, '72, Bridgem. ed. 362; 1 Vern. Ch. 224, note; 1 Eq. Cas. Abr. '96, pl. 8 ; Ves. Sen. Ch. 225 ; Hob. 136 ; 1 Am. Law The :main purpose of the %tat. 43 Eliz. c. 4 was to define the Ives which were charitable, as contradie tinguished from those twhieli,,atter the Reformation in England, were deemed superstitious, and to Be mire their application. Shelford, Mortm. 89, 103. This statute, as a mode of, roceeding, fell into dis cos, although under its influence and by its more operation •aany charities were upheld 'which would otherwise have been void. Ehelford, Mortm. 278, 279, and notes ; 3 Leigh, Va. 470; Nelson, Lea Test. 137; Boyle, Char. 18 at aeq. ; 1 Burn, Eool. Law, Phillimore, ed. 317 a.
2. There is no need of any 'particular per or objects being specified ; 'the generality and indefiniteness of the object constituting the charitable character of the donation. Boyle, Char. 23.
Theytembrace gifts toithe poor of every class, including poor relations, where the intention is manifest, 33 Penii.St. 9 ; 2 Sneed, Tenn. 305 ; 4 Wheat. 518 ; 1 Sumn. C. C. 276 ; 10 Penn. St. 23 ; 35 N. H. 445 ; 28 Pen n. St. 23 ; for every descrip tion of college and school,,and'their instructors .and pupils, where nothing contrary to the fun damental doctrine of Christianity is taught ; to all institutions for the advancement of the Christian religion, 7 B. Monr. Ky. 351, 481; 4 Ired. Eq. No. C. 19; 30 Penn. St. 425; to all churches, 10 Cush. Mass. 129; 7 & R. Penn. 559 ; 4 Iowa, 180, chapels, hospitals, orphan-asylums, 33 Penn. St. 9; 12 La. Ann. 301 ; '8 Rich. Eq. So. 'C. 190, dispensaries, 27
Barb. N. Y. 260, and the like, 2 Sandf. Oh. N. Y. 46; to general public purposes, •30 Penn. St. 437, as supplying water or light to towns, building roads and bridges, keeping them in repair, etc., 24 Conn. 350; and •other .charitable purposes general in their character. 4 R. I. 414 ; 12 La. Ann. 301; 5 Ohio St. 237 ; 33 Penn. St. 415; 5 Ind. 465.
3. Before the recent acts, charities in Eng land were interpreted, sustained, controlled, and applied by the court of chancery, in vir tue of its general jurisdiction in equity, aided -by the stat. 43 Eliz. c. 4 and the prerogative of the crown; the latter being exercised by the lord chancellor. as the delegate of the sove reign acting as parens pagrice. Spence, Eq. Jur. 439, 441 ; 12 'Mass. 537. The subject has since been regulated by various statutes. The Charitable Trusts Act of 1853, 16 & 17 Viet. c. 137, amended by 18 & 19 Vict. c. 124; 20 & 21 Vict. c. 76; Tudor's Charitable Trust Act, passim. Roman Catholics shame in their benefits, '2 & 3 Will. IV. c. 115; and Jews, by 9 & 10 Viet. c. 59, 2. The stat. 43 Elia. c. 4 has not been re-enacted or gene rally followed in the United States. In some of 'them it has been adopted by usage; but, with several striking exceptions, the decisions of the English Chancery upon trusts for cha rity have furnished the rule of adjudication in our courts, without particular reference to the 'fact that the ,most remarkable of them were only sustainable under the peculiar con struction given to certain phrases in that statute. 18 et seq.
4. In Virginia and New York, that atatute, with all its consequences, seems to have been repudiated. 3 Leigh, Ya..450; 22 N. Y. 70, & App. So in North Carolina, Connecticut, and 1 Dev. Eq. No. C. 276; 1 Hawks, No. C. 96; 4 Ircd. Ch. No. C. 26 ; Conn. 293 ; 22 id. 31 ; 5 ,Harr. & J. Md. 392 ; 6 id.1; 8 Md. 551. In Georgia, Indiana, Kentucky, Massachusetts,Khode Island, Ver mont, ,and perhaps some other states, the English rule ts.acted on. 8 Blackf. Ind. 15 ; 18 B. Monr. Ky. 635 ; 4 Ga. 404 ; 4 Iowa, 252 ; 16 Pick. Mass. 107; 4 R. 1. 414; 12 La. Ann. 301; 7 Vt. 211, 241; 4 Wheat. I; 2 How. 127; 17 id. 369; 24 id. 465. See .16 111. 225 ; 19 Ala. N. s. 814; 1 Swan, Tenn. 348.
Legacies to pious or charitable uses are not, by the law of England, entitled to a preference; although .such was •the doctrine of the civil law. Nor are they in the United ,States, except by special statute.
See, generally, 2 Washburn, Real Prop. 687, 690; Boyle;•Char.; Duke, Char. Uses; 2 Kent, Comm. 10th cd. 361-365; 4 id. 616; 2 Ves. Qh. 52, 272; S72. 6 id. 404 ;,7 id. 80; Ambl. 715 Atk.
.Ch. 88 ; 24 Penn. St.84 ; 3 Rawle, Penn. 170; I Penn. 49; 17 Serg. & R. Penn. 88; 2 Dan. Ky. 170; 9 Cow. N. Y. 437 ; 9 Wend. 394; 1 Bandf. Ch. 439; 9 Barb. N. Y. 3,24; 17 id. 104; 27 id. 376; 30 '0.124 ; 9 N. Y. 554; 9 Ohio, 203; 5 Ohio St. 237; 24 Conn. 350; 6 Pet. 435 ; 9 id. 566 ; 9 Crauch, 331; 2 How. 127 ; 20 Miss. 165; 16 Ill. 225 ; 2 Strobh. Eq. So. C. 379.