Evolution and Ethics, and Other EssaysHuxley, Thomas Henry
Philosophy
Evolution and Ethics, and Other Essays
Huxley, Thomas Henry
Capital; Ethics, Evolutionary; Salvation Army
"As to the properties vested in Booth himself, it appears to me that
such are placed absolutely under his power and control both as to the
disposal and application thereof, and that there are no trusts for any
specific purposes declared which [303] could be enforced, and that
there are no defined persons nor classes of persons who can claim to
be entitled to the benefits of them, or at whose instance they could
be enforced by any legal process.
"As to the properties (if any) vested in trustees appointed by Booth,
it appears to me that the only person who has a locus standi to
enforce these trusts is Booth himself, and that he would have absolute
power over the trusts and the property, and might deal with the
property as he pleased, and that, as in the former case, nothing could
be done in the way of enforcing any trusts against him.
"As to the moneys contributed or raised by mortgage for the general
purposes of the mission, it appears to me that Booth may expend them
as he pleases, without being subject to any legal control, and that he
cannot even be compelled to publish any balance-sheets.
"Whether there are any provisions in the Charitable Trusts Acts which
could be made available for enforcing some scheme for the application
of the property or funds is a question to which I should require to
give a closer consideration should it become necessary to go into it;
but at present, after perusing these Acts, and especially 16 and 17
Vict. c. 137 and 18 and 19 Vict. c. 124, I cannot see how they could
be made applicable to the trusts as declared in this deed.
[304] "As to the Mortmain Acts, the matter is clearly charitable, and
unless in the conveyances and leases to Booth, or to the trustees (if
any) named by him, all the provisions of the Acts have been complied
with, and the deeds have been enrolled under the Acts, they would be
void. It is probable, however, that every conveyance and lease has
been taken without disclosing any charitable trust, for the purpose of
preventing it from being void on the face of it. It is to be noted
that the deed is a mere deed poll by Booth himself, without any other
party to it, who, as a contracting party, would have a right to
enforce it.
"Whether there are any objects of the trust I cannot say. If there is,
as the recital indicates, a society of enrolled members called 'The
Christian Mission,' those members would be objects of the trust, but
then, it appears to me, Booth has entire control and determination of
the application. And, as to the trusts enuring for the benefit of the
'Salvation Army,' I am not aware what is the constitution of the
'Salvation Army,' but there is no reference whatever to any such body
in the deed. I have understood the army as being merely the
missionaries, and not the society of worshippers.
Public-domain text, read in full here on John Shaqi.
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