The British Press; or, Morning Literary Advertiser.
London, England, 1825-07-19 00:00:00

ELEPHANT AND CASTLE CHARITY.

The LOUD eItANCILLLOIR observed, that in thisame there ap-
peered to be 'tome difference of opinion between the Court and the
liar, as to what the decision should be. The first application had
been by petition, which was extremely simple in its nature. It
prayed that under the Statute, commonly called the Sir Samuel
ltomilly's Act, a proper distribution should be made of the Charity.
The qut,'on had beer, referred to a Master, who certified that the
estate, from producing only .51. a year, had so far been im-
proved and augmented in value, that it was at the present moment
worth 6251. annually ; and it had been further ascertained, that
there was 3 balance of 6941. in the hands of the Trustee. The
Meter bad further certified, that no less than seven different
schemes had been submitted to biro by the surviving Trustee, one
of which was fur the payment of annuities of 101. each to forty-five
persons in reduced circumstances, who had borne good. characters,
and had been residents of the parish for seven years or upwards—
householders, having paid rates and taxes Under that plan
various annuitants had been appointed, and if he merely considered
his own gratification, he would pass in silence, and as far as pos-
sible throw a veil over the manner of those appointments, and the
circumstances by which they had been attended, for he considered
it much better to prevent the future misapplication of' charitable
funds, than to excite painful feelings, by a recurrence to what had
passed away, and could not now be undone. In the decrees of that
Court it had never been the habit to destroy the means of
life which had been created for individuals, by withdrawing front them
funds of which they had been put in possession useless them ap-
peared to be a strong and overpowering reason for pursuing such a
course. The present case wee not, he thought, one which required
such a violence to existing intermit. He, therefore, dead no objec-
tion to consent that the annuitants at present deriving incomes
should have their means of life untouched. Whether the on
appointment of those annuitants was right or wrong he could not
then undertake to determine, but he did not wish to destroy per.
baps the sole iodependance ofany set of individuals, if lie could
preserve it to them consistently with those rules by which, sitting
there, he was necessarily governed. A further appropriation of this
fund would be the grant of a suns of 1001. annually to the Rector
and churchwardens of the perish, for the use of the united national
schools of the parish of Newins,,ton, to be applied towards the
clothing of fill boys and 49 girls, whose parents reside within
that pariah. That was an appropriation of the funds which could
not fail to be considered as strictly for the benefit of the poor. Of
the expenditure of the money so to be applied the Treasurer would
be expected to render an account to the Trustees, in writing, with
the names of the children for whose uses it was so laid out. It was
further proposed that if there were not a sufficiency of children at
the school, or that no such schools continued in existence, then
the.R:ctor and Churchwardens should come, to that Court for
directions how to apply the fund so provided. It was finally pro.
posed that the residue of the money should be laid out by the
Rector and Churchwanlens of that parish, for theaise of the poor,
its such manner as they thought fit. Af:er sonic further observe.
pions on those funds, and the application of them, his Lordship
proceeded to say that the matter had twice been brought before
the Vice-Chancellor, and likewise referred to the Master, who'
having reported thereon, was directed to re-consider his Report;
and he having done so, amended his report, chiefly by recommend.
ing that those at present receiving annuities should be continued
in possession of them ; but that the.appointment should not be
exercised as heretofore, namely, by the Churchwardens and
Overseers. This brought them back to the original autho-
day, the trust-deed, and the question whether or not that
Court had jurisdiction to interfere. The mere of appointing
those annuitants in the manner recently exercised had been a great
cause of struggle among contending parties in that parish, but at
present both seemed agreed that the annuitants now its possession
should remain undisturbed. lie certainly did not think there
should be no annuitants, but whether the nbolition would produce
less contest than had hitherto existed in the parish was a matter
which lie could not allow to influence him, being bound by strict
roles, from which he could not conscitntiouslytswerve ; at the genie
time that he could not doubt that those contentions were fostered
and fed by the power which the Churchwardens bad in disposing of
those annuities. Probably at the original institution of the charity,
the appointment went on quietly enough, but since the great in-
crease in the value of the property, and since the altered mode of
appointing the overseers, the inconvenience and evil so justly con.
planed of had in all likelihood arisen. When 6001. a year was•to
be given away, heats and contentions naturally arose. At the time
the charity originated, the Overseers were appointed by two Ma-
&trate., it thence followed that the four individuals coo.
ternplated by the author of the charity, were not those nn whom.
the trust devolved, because the Overseers were in these times dif.
ferently appointed. Possibly there would be very little of coniro-
verse (to use the mildest term) if matters had remained in the
condition which had been originally couterupleted by the author of
the charity, and he earnestly wished that the patties would seriously
consider whether they would settle the matters in dispute soars to
prevent further litigation and a waste of the funds of the charity in
a needless expense. 0;ls the case stood, the Covet was bound to pro-
vide fur the due execution of the intentions of the donor, and to
provide, as far as it could be accomplished, a sufficient check upon
the Churchwardens in the application of those funds. The Over.
seers, as at present appointed, were no check, and they ',Meg such
trustees as the author never intended, it authorised that Court to
interfere. It was incontestible that the Churchwardens had not
associated with them in the distribution of that charity; such Over-
seers as had been originally intended, and for that reason he thought
the case came fully within Sir dainuel Romilly's Act. Ile felt
hound to do all that in him lay to prevent expense. If the autho-
rity created by the deed of 1658 no longer existed, he had no he.
sitation in saying the trust then rested in the Court. He thought
it scarcely necessary to say, that in deciding such aquestion he
could have no inelituttions of his own to gratify-410 party to fitydur.
ills only wish could be that the funds should be appropriated to the
purposes which theauthor of the charity contemplated, and at the
same time to use his utmost endeavours to prevent one shilling from
being neediest/ v expended. If he foe nd that he could decide the eves-
tion upon petition, lie would do so; but he would not deprive either
party of an opportunity of stating his ni.inion as to the best midi,
et dispoing of the charity, provided that opinion diffived front the
view taken of the subject by the Court—not troubling those who
might concur with him.

lIIr. SPENCE then inquired if his Lordt.l::p would tix Wed-
nesday?

The LORD CUM.:Cl:trate assented, and further added, that
another view which might be taken ass, taut even supposing the
Overseer, as at present appointed, to be a fit trustee, whether in a
charity so generally granted the Court had not power still to inter-
fere.

In the matter of Mole, a lunatir, an application having becn
made on petition to supersede the commission in this matter his
Lordship refused to entertain the tiloPion. on the ground that he
had before distinctly stated that no lunatic petitions but such as
were quite of course, should be heard, except on petition days.
There were bankrupt petitions of two years' standing, and he could
not permit them to be further postponed for applications of that
nature_—he could not en allow the nhole hosiness of the Court to
be deranged. He was constantly riceiving letters from parties
(which lie often sat up at night to read) complaining of the post.
portant:tit cf their cases.