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The fines of the manufacture property (which on the last renewals previous to 1836 The Hospital of the amounted to 7001.), are ordinarily received by the master and brethren, and treated as Blessed Trinity, at part of the hospital funds.
Guildford. The 501. given to the Corporation arc annually distributed by them amongst 80 or 100 poor householders within the borough.
We have been informed, in answer to our inquiries, that no change has, since the date of the Report of the late Commissioners, taken place in the course of management or administration of the funds of the hospital.
Under the circumstances above stated it appears to us that the present system of blending together and applying to the same purposes the fines arising from the two endowments, viz., that of the hospital and that for establishing a manufacture at Guildford, is contrary to the express directions of the founder, and ought to be discontinued.
That the appropriation by the master and brethren of the hospital of a portion of the fines derived from the manufacture foundation is unauthorized and improper.
That the present distribution of both moieties of the ordinary yearly income of the manufacture endowment (one moiety to the four additional women in the hospital and the other moiety amongst the poor of the town) is objectionable as well as unauthorized by the foundation, and that a much better system of application might be and ought to be adopted.
That notwithstanding the direction in the statutes as to the mode of letting the estates, the system of granting the Charity property on leases taking fines is of doubtful expediency, and ought to be the subject of reconsideration.
That a proper provision is requisite for the application of that portion of the income which is directed by the founder to be carried to the common chest.
That the present distribution of the funds amongst the master and brethren of the hospital is improper, inasmuch as the master's share of the fines is taken out of that moiety which, by the terms of the foundation, ought to be carried to the common chest, and the master and brethren take also a larger allowance out of the Charity income than the fixed stipends allowed by the statutes.
And, upon the grounds above stated, we consider this to be a case which should be submitted to the Attorney-General for his consideration with the object stated in our Report.
The Parish Lands in the Parish of Lanivett, in the County of Cornwall. It is stated in the Report of the Commissioners for Inquiring concerning Charities The Parish Lands (Report 32, Part I., p. 483), that no express trusts could be found with respect to the in the parish of lands constituting this property. That the property had been managed by a self-elected Lanivett, in the body of 12 men, that no instrument existed vesting the same in them, and that, in conse- County of Cornwall. quence of the observations of the Commissioners as to the very objectionable condition of the Charity, the Commissioners were informed that the then trustees had resigned, and that application had been made to the Court of Chancery for the appointment of new trustees, and for a scheme of future management. It also appears from the Report that, in the year 1837, the time of the Commissioners' Inquiry, the income of this Charity amounted to 1501. 16s., and was (with the exception of about 171. paid to the school and 12s. distributed in bread) wholly applied in aid of the poor rates.
Upon the investigation of the present state of this Charity it appears that no application was made to the Court of Chancery, as stated in the Commissioners' Report, but that in 1836 the rate-payers of the parish assembled in vestry and appointed 13 trustees, 12 of whom are now living ; that there was no conveyance of the property to the new trustees, and that the annual income now amounts to more than 1601., and is (with the exception of the before-mentioned sums of 171. and 12s., and the repairs of the cottages, &c.,) applied in aid of the poor rates.
The application of the income of charitable foundations in aid of the poor rates has long been settled to be highly objectionable, as being in effect a relief to the rich and not to the poor, and being thus at variance with the first principles in which such foundations should be administered.
We are therefore of opinion that, out of the income of this Charity, the only proper item of expenditure is the 171. paid to the parish school.
That the application of the residue in aid of the poor rates ought to be at once discontinued, and a scheme obtained for the proper application of the income to educational or other purposes; and that the Charity Estates ought to be vested in trustees by means of a proper conveyance.
These objects might be readily obtained by means of an application to the Court of Chancery, and we consider that this is a proper case to be submitted to the AttorneyGeneral for his consideration with the object mentioned in our Report.
The Hospital of St. John the Baptist, otherwise called Gorogltown, in the Parish of Westham,
in the County of Sussex. It is stated in the Report of the Commissioners for Inquiring concerning Charities St. John the Baptist,
The Hospital of (Report 30, p. 770) that this hospital is an extremely ancient one, that it was probably Westham.
The Hospital of
granted at the dissolution of the monasteries, and that the original endowment may St. John the Baptist, possibly have been a receptacle for the dependents of the Lords of Pevensey Castle, but
that no documents, except a few modern books of account, then existed.
That four almshouses then stood on that part of the Charity property where the hospital formerly was.
That the Charity appeared always to have been under the management of the Corporation of Pevensey.
That the bailiff for the time being had previously to the year 1831 the entire control of this Charity, electing the almspeople, and receiving, and disbursing the rents.
That the accounts had neither been kept nor audited with regularity, some years containing no entries whatever, although above 1001. per annum were disposed of. That large sums had been lost to the Charity through the failures of bailiffs, the neglect
, of the Corporation, and payments charged to the account of the Charity, which should properly have been borne by the funds of the Corporation.
That in November, 1831, a receiver was appointed by the Corporation, and certain resolutions made for the control of the bailiff in the management of the funds.
That the income appears to have been employed from 1720 in distribution amongst the poor of Pevensey and Westham, of beef, peas, and grain, with an appropriation from time to time of sums varying in amount for purposes of education.
That since 1813 an annual grant of from 121. to 601. appears to have been made to the Westham girls' school.
The Commissioners, after censuring the loose and unjust manner in which the few accounts then remaining had been kept, state that they cannot conclude their Report of the Charity without repeating the mismanagement and neglect that had characterized it, the extremely arbitrary disposition of the funds, which had been under the exclusive control of the bailiff for the time being, and the general discontent that had been engendered in no slight degree from that circumstance, that the resolution of 1831 did not appear to have done much towards improving the administration of the Charity, and that the necessity of some superior and immediate interference was apparent.
Since the Report of the late Commissioners, the usual annual grant of 201. out of the funds of this Charity to the school in the parish of Westham has been discontinued by the Corporation. In reply to our inquiries, we have been furnished by the Corporation with accounts of the receipt and expenditure, in respect of this Charity during the last five years, and the following abstract of the principal items of expenditure will show the general mode of administering the Charity :
It also appears, that the average annual income of the Charity is about 1311.
Under the circumstances above stated, we consider that the mode of applying the income of this Charity is objectionable, and calls for improvement.
That the annual retention of a large sum unapplied is improper, and that the mode of distributing the Charity funds appears to be capricious, and in some instances of questionable propriety
That the claims of Westham school to participate in the benefits of the Charity appear to be at least as well founded as those of any other of the present objects of application, and that the customary payment ought not to be withheld at the caprice of the Corporation, and that the Charity ought to be regulated forth with by some competent authority, with which object the case may beneficially be submitted to the consideration of the AttorneyGeneral on the footing of our Report.
The Charity of
The Charity of ELEANOR SCOTT, in the Township of Southcoates, alias Sudcoates, in the Parish
of Drypool, in the County of York. In the account of this Charity contained in the Report of the Commissioners for Inquiring concerning Charities (Report 9, page 758), it is stated that Eleanor Scott, by a codicil to her will, dated 3rd May, 1717, devised her messuage and lands in Sudcoates unto the poor of the parish of Sudcoates for ever.
Application was made by us to the churchwardens and overseers of Drypool for a statement showing the several premises belonging to this Charity, by whom, and at what rents the same were held, and also in what manner the income arising therefrom had been The Charity of expended during the last three years.
Eleanor Scott. In answer to such application we have been informed by the overseers of Southcoates, that such property consists of a farmhouse, outbuildings, and about 37 acres of land, held by John Foster, senior, as tenant of the overseers of the poor of Southcoates, at an annual rent of 1051., and that such income is (after deducting 58. annually for the expense of collection, the property tax, and occasionally a small sum for repairs) appropriated to the general purposes of the poor rate for the township of Southcoates.
Under these circumstances and on the grounds already stated with regard to the case of “the parish lands of Lanivett,” we consider this to be a proper case to be submitted to the consideration of the Attorney-General.
The Charity of RICHARD Watts, in the City of Rochester. It appears by the account of this Charity contained in the Report of the Commissioners The Charity of for Inquiring concerning Charities (Report 30, page 380), that Richard Watts, by will Richard Watts. dated 22nd August, 1579, directed that after the decease of his wife, the Mayor of Rochester, with four principal citizens, should sell his principal house called Satis, with the appurtenances and household furniture there, and that the produce thereof should be apportioned as thereinafter expressed, viz. :—that the Mayor and citizens should put forth the same and employ the yearly profits towards the perpetual relief and sustentation of the almshouse already erected beside the market-cross, within the City of Rochester, which almshouse he directed to be re-edified and provided with six several rooms with chimneys, and six good mattresses or flock-beds, and other sufficient furniture to lodge poor travellers or wayfaring men, being no common rogues or proctors, such persons to lodge therein no longer than one night, unless sickness should be the cause thereof, and that the
poor folks there dwelling should keep the house sweet, make the beds, see to the furniture, and courteously treat the said poor travellers; and that each of such travellers should at their first coming in have four-pence, which charges for the poor travellers he directed should be maintained out of the yearly profits of the said stock. And he willed that the said Mayor and other parties should have power to cut down such timber and other wood as should be growing on any of his lands in Chatham, and other places, every 20 years, for the perpetual maintenance of the said almshouse and the furniture thereof. And he devised to the Mayor and citizens of Rochester and their successors all his lands and tenements, except what he had directed to be sold, the yearly profits and rents to be applied to the building and re-edifying and increasing of the said almshouse, and for a provision for flax, hemp, &c., and other necessary stuff to set the poor of the said city at work, according to the statute of 18 Elizabeth, which yearly profits he valued at 361. 16s. 8d.
By the decrees made in two suits severally in the reign of Charles II., and in 1808, for the purpose of extending the benefits of the Charity to the parishes of St. Margaret, Rochester, Strocd, and that part of Chatham which lies within the liberties of the City of Rochester, it was declared that the said parishes of St. Margaret, Rochester, Strood, and such part of the parish of Chatham were entitled to participate, and the yearly income was apportioned accordingly.
It does not appear that the proceedings in either of the above-stated suits had for their object anything beyond the settlement of the proportions in which the income should be divided among the several parishes, but it is stated in the Report of the Commissioners, that during the progress of the last-mentioned suit, an application was made to the Court for a scheme to provide for the application of the funds for the benefit of the poor, and that the same should not be carried to the poor rates, and that Lord Lyndhurst refused to make the order on the ground that in consequence of the reference to the statute of 18 Elizabeth, the then present application was strictly in conformity with the intention of the donor.
We have been furnished with a copy of the last annual account of the income and expenditure in respect of this Charity, from which it appears that the gross annual income amounts to 3,1361. 12s. 8d., and that out of this sum only 751. 12. 2d. has been paid for the expenses of the house for the reception of poor travellers.
The balance of the rents is paid to the treasurers of the respective parishes, and has been applied in aid of the poor rates and the borough rates. It appears that in the parish of St. Nicholas no poor rate has been required for two or three years.
The following are the sums paid from the Charity estate to the respective parishes for the year ending Michaelmas, 1848:
St. Nicholas, Rochester
1,313 16 11 St. Margaret, Rochester
416 16 64 Strood Intra
277 17 8 Chatham Intra
138 18 10 During our consideration of this case a memorial was presented to us from the churchwardens, overseers, and certain inhabitants of the parish of St. Margaret, Rochester, to obtain a more equal distribution of the funds of this Charity.
Even if the decision attributed to Lord Lyndhurst was actually made by him, of which however we have been unable to obtain any evidence, the payment of borough rates out
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of the Charity income at all events appears to be clearly incompatible with the princip le of that decision as well as with the object of the foundation. Moreover, it appears to us that the Charity for poor travellers was as much an object of the founder's benevolen ce as the payments for the general benefit of the poor, and therefore that the increas ed income ought to be applied proportionably for the benefit of that Charity or of some other analogous to it, instead of the whole increase being devoted exclusively to the second branch of the foundation.
On these grounds we consider this to be a case which should be submitted to the Attorney-General for his consideration.
The Free School of ARCHBISHOP HOLGATE, in the Close of the Cathedral Church of St. Peter,
in the City of York. The Free School of It is stated in the Report of the Commissioners for Inquiring concerning Charities Archbishop Holgate. (Report 12, p. 638), that Robert Holgate (or Halgate), Archbishop of York, founded and
endowed with a grant of land (under licence from Henry VIII.) a school in the City of York, and directed that the master and his successors, who were incorporated, should teach grammar and other knowledge and godly learning, freely, without taking any stipend or wages of the scholars.
He directed that an usher should be appointed by the master to teach the scholars of the lowest form, and that he should pay him 40s. yearly.
He provided that the Archbishop of York for the time being should have the appointment of the master, unless he should neglect to do so within the time limited, in which case the right passed to the other persons therein named.
He directed that the lands should be let on leases for terms not exceeding 21 years at the then rents, fines being taken according to a schedule purporting to be annexed to the statutes, but which cannot be found.
The rents were to be paid to the master of the school for his living.
In necessary suits, defences, and causes for the lands of the school;
be employed in mending the highways about York, and to the help and succour
there 12 years and above. From local information with which we have been furnished, and from the account contained in the Report of the Commissioners, it appears that the property now consists of the following :
That the school now consists of a master and usher (who is the senior scholar) and 18 scholars, 6 of whom are free scholars, and the other 12 are not free.
That the rents and fines have always, so far as can be known, been received by the masters and applied to their own use.
That the master does not teach grammar and other knowledge, and godly learning gratuitously ; he charging a yearly sum varying from 31. to 61., according to the circumstances of the parents, for teaching English, geography, writing and accounts.
That although the annual value of the property is about 425l., the certain annual income amounts only to 321. 12s., and that the present system of leasing and fines is incompatible with the proper management of the property and the welfare of the school.
Under these circumstances, we consider it desirable that steps should be taken for the purpose of securing a proper system of management of the property, and an education suited to the wants of the classes designed to be benefited by the founder, and that the case should be submitted to the consideration of the Attorney-General with that object.
The Charity of James BAKER, in the Borough and Parish of Ross, in the
County of Hereford. This charity was founded by James Baker, who, by will dated 5th November 1835, bequeathed all the residue of his money in the funds and securities for money and all
The Charity of
other his personal estate and effects (subject to certain annuities) to the churchwardens and The Charity of
preference should always be given to such as were born in the parish.
We have been informed, in answer to our application for further information relative to
We have been informed that a Committee has been appointed by the parish to assist in
We have also been furnished with a copy of such proposed scheme, by which the churchwardens and overseers of the poor for the time being, of the parish of Ross, are empowered to distribute the entire income of the Charity amongst the poor of the parish, with some slight restrictions as to qualification.
Under the circumstances above stated, we consider that steps should be taken to secure the most beneficial and effective administration of a Charity the income of which will ultimately amount to 8001. a-year. And with this object we think that the case should be submitted to the consideration of the Attorney-General, in order that he may interpose his active interference and control with respect to the scheme now pending for the regulation of the Charity.
The Poor Lands in the Town and Parish of Padstow, in the County of Cornwall, comprising
the several Charities of Nicholas Watts, Malacky Martyn, William Swymmer, and John
The Report of the Charity Commissioners (Report 32, Part I., page 486) states that the The Poor Lands
That the net income at the time of their Report was distributed weekly among poor persons not receiving parochial relief.
That no feoffees or trustees were then living, no deed appointing such trustees having been made since 1783, and that the Charities were under the management of a single individual, who received a salary of 5l. per annum.
Under these circumstances, and the confused state of the Charities generally, the Commissioners stated their opinion that some steps ought to be taken for the appointment of trustees and other necessary purposes.
Haviny inquired into the present circumstances of this charitable property, we find that it continues to be managed upon the same footing as at the time when the Commissioners made their Report.
It appears also from the Report of the Commissioners that a considerable portion of the Charity property consists of conversionary and quit-rents, and it is possible that upon inquiry the whole beneficial interest in that portion of the property might be found to belong to the Charity, and might be recovered for its benefit.
The annual income of the Charity property appears from the Commissioners' Report to be 881. 17s. 2d., and in the event last stated that income would be materially increased.
From the statement contained in the Report of the Commissioners of Charities, as to the object of the several foundations, it appears to us that the income of these Charities might properly be applied for educational purposes for the benefit of the poor in lieu of the present mode of application.
Upon the whole, therefore, it appears to us that this Charity stands in need of reformation in the following particulars, viz. :-By the appointment of trustees and the conveyance of the property to them, by an inquiry into the existing condition of the Charity cstates with a view to an increase of the income, and by revising and improving the present mode of applying the income.
And with all these objects we consider that the case might properly be submitted to the consideration of the Attorney-General.