The Baptist Missionary Society Corporation V. Jayawardene Et Al.,

1918 Present: Bertram C.J. and Ennis J.

THE BAPTIST MISSIONARY SOCIETY CORPORATION
v. JAYAWARDENE et al.

90-D. C. Chilaw, 5,502,

English Companies' Act, 1862, s. 21 - Prohibition against religious corporation holding more than 2 acres - Trust - Interpretation of deed - Prescription.

Section 21 of the English Companies' Act, 1862, which prohibits a religious corporation from holding more than 2 acres of land without the sanction of the Board of Trade, does not prevent a corporation registered under the Act from holding more than 2 acres in Ceylon.

Gunasekera "assigned or set over" unto the Rev Pigott, of the Baptist Society, " or his successor or successors in office," a certain lot of land, " so that they may possess the same and deal with it as they may desire."

In the deed it was stated that the donor had assigned the land " unto Rev. Pigott, of the Baptist Society of Colombo, to build a chapel for the purpose of preaching the gospel to the inhabitants of the place."

Held, that the deed did not create a trust in favour of the local congregation. If there was a trust at all there was a trust in

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