The Sun.
London, England, 1852-03-27 00:00:00

The whole merit of it was due to the late Government, and
the maintenance of the beard and the necvsary staff. He
he hoped they had bsen enabled to frame a measure which had heard it said that this Bill might, no doubt, be abt.o-
-w mid accomplish all the desired benefits, and avoid must, lately- essential for the protection of -small charities,
if not all, tee üblectioes urged againet former measures pro • I en 1 that therefore it was perfectly right to call ore them to
posed. The Bill dealt with charities, whose annuli iliciene pay for the great benefit they would derive from this Inca-
was very nearly 1,500,e00/. No less than 21,000 of them sure; but with respect to the larger charities, tics mecus
had incomes of less than 201. a year, and upwards of 13 oeo which thee hadawing abuses were such th it they
less than dl. a year. With regard to such charities, the would derive no advantage. He thought, hoirever, that this
whole of their, property would be absorbed if they were taken was a misapprehension, and that the charities in question
Into Chancery, though fur the largely endowed charities it weal,' receive a benefit from this measure at least commen-
was impossiele to conceive a tribunal better calculated to curate with the rate which it was proposed to impose upon
carry into effect a system of control and administration than them, In the first place they woule fiad that provision was
the Court of Chancery. The smaller charities, however, made by which the necessity of resorting to Parliament for
were wholly unprotected. The law mainly depended on a Bills te accomplish various objects,bt which were absolutely
statute passed in the reign of Queen Elizabeth, giving the neeessary under the existing f law, would now flu sly
control over all charities to the Court of Chancery, but tirely removed.---(Heaa hear.) He found by a list before
consmiseions of the description authorized by that Act be- hint that since 1800 there were no less than 135 private Bills
came practically obsolete. Down to 1786 nothing whatever sought for by different charities. Now, tae average cost of
was done in the way of legislation, but in that year the those Bills would be 600/. each, making a watt expendi-
Act commonly called Gilbert'a Act was passed, which tune of 81,0a01. He asked whether the benefit would not
required the ministers, churchwardens, and overseers be very considerable of a measure which
to would prevent
of every parish to make a return of all charities in any necessity for these applica arl
the parish. Returns were made of charitable property and whether it was reasonable to object to pay 501. a year
amounting annually to between 200,000/. and 300,0001. In in order to get rid of a cost which might go far beyond what
1812 an Act was passed by Sir S. Rornilly, a name always to they would be called on to pay under this Bill.—(Hear.)
be mentioned with reverence, especially in connexion with As to the question of exemption, his opinion was that any
reforms in the law, by which Act a summary remedy was other exemptions than those proposedwhich it
enabling parties parties to proceed in the Court of Chancery by pe- posed at present to exempt were the universities, collegiate
tition. It had been well said that the word " summary " and cathedral churches, the British Museum, and institfourmer
tions
must be interpreted by the glossary of the Court of Chancery, supported wholly by voluntary contributions.
for though the course of proceeding by petition was more occasions institutions supported principally by charitable
expeditious and cheap than that by information, yet with contributions were exempted, but to this there were objec-
the costly machinery of the Court of Chancery it was little tions, and it was now stated in the exemption clause that
adapted to meet the case of the smaller charities. In the where institutions were supported partly by charitable con-
same year another Act was passed compelling returns to tributions and partly by endowment, that portion of the
be made relating to charities which might be created there- funds arising from the former source should not be liable to
after, as well as those then existing. The provision with supervision. There would be an endeavour also made, he
respect to charities thereafter to be created remained a dead was aware, to exempt the great London hospitals from the
letter, and the Act applied to charities charged on land operation of the Act, but, notwithstanding the strong appeals
only. He had informed the House of the whole law on the made on this point, he should feel it his duty most stenuously
subject in 1816, when a Committee of Inquiry into charities to resist the endeavour. He looked with considerable anxiety
and education among the lower orders in the metropolis to the result of the Committee on the Bill. Everybodywas appointed, on the motion of Lord Brougham. In conse- mitted the necessity for legislation.—(Hear,
hear.)
quence of the report of that Committee, in 1818 an Act of after y
ed ear the
the objections
forcible man to. the presentyear a systemyear been
Parliament was passed, establishing a commission of in- point out in most ner ;
quiry into educational charities, which, in 1819. was ex- subject had been brought before the attention of the House,
tended to charities throughout England and Wales, and and the House had been asked to interfere for the protection of
an Act was also passed which empowered the companies te charities, many of which had been, he believed, annihilated,
certify to the Attorney-General any case of abuse. These from their b-ins unprotected—(Hear)—and if, after all the
c from time various attempts which had been made, this carefully ve-
ommissions were renewed by Act of Parliamentto time, and the last was appointed on the let of July, 1837. pared measure should fail like its predecessors, he should ut-
The commissioners made 3.: reports, contained in 37 folio terly despair of ever being able to carry out any reform on
volumes. As early as 1820 the commissioners pointed out the subject. When the attention of Parliament had been
the absence of any efficient jurisdiction in regard to small so repeatedly called to this subject—when so urgent a ne-
charities. In all the Acts of Parliament exceptions were cessity for legislation had been proved, it would be a re-
introduced in favour of the Universities, collegiate and ca- preach to the Legislature to lose what he might almost
thedral charities, some of the public schools and charities, descri •e as the last opp irturlity of introducing a measure
where there was a special visitor ; but, from i 818 to 1830, which would meet every case and obviate every objection.
no exception was made with reference to the gre it Leaslon He did hope that Parliament would, at east pass a Bill
hospitals, or any City companies. In 1830 an exemption which would be of the utmost benefit to the country--
was introduced by the Ist and 2d of William IV...in favour
_....,•5jr A. CesOteeitileßN. seitl.h_, ~e eheuleebe bappy_to assist he*
errettayeeeses r...entaorr-ttowpreartai btrtr-is.--lea4-ttlat---e-x-wmpricrur,-- 'lac:word ---Vrind,"lll-4).,Sttig- tlle7priMartHEAiEVAlre.--;-Wtitiii he
having been allowed to exist for four years, was taken away stated that the income of the charities affected by this Bill
by the sth and 6th of William 1V Such exemption, how- amounted to about 1,500,000/ per annum, which at twenty
ever, he understood, was to be strongly contended for on the years' purchase gaee 30,e00,000/. worth of property, every
present occa'inn. In 1835 a Committee of that House was one would see the importance of the question. The grossest
appeinted to consider the evidence awl reports of the corn- acuses had prevailed in the administration of charitable
missioners, and the measures to be adopted for the purpose trusts. they were bestowed by donors, who were about to
of completing the inquiry relating to uninvestigated chari- quit the world, for the benefit of the poor and needy, who
ties, and to report iu weat mode charity feuds could be were without means to maintain their rights; so that it was
most efficien- ly, promptly, and economically administered. no wander that abuses had sprung up. The municipal cor-
erations who were charged with the admits ietratien of these
In their report that Committee expressed their opinion as P
follows: charities had abused their trusts in a very great degree. In
"Your Committee are inclined to recotnmene that the sto. other cases local jobbing had absorbed the funds of the chart-
perintendence, and, in certain cases, the administration of tics. Since the attention of Parliament had been directed
all property devoted to charitable uses, slit old he entrusted to this subject, no less than 600"0/. had been recovered
to a permanent board of three commissioners, or some other from persons who had abused their tru,t. The charity of
St. Cross, one of the noblest in the kingdom, afforded an il-
independent authority, on waom should be imposed the duty
of superintendence and control over the administration of all lustration of the manner in which the funds of these chari-
property devoted to charitable uses; that such board should ties were perverted by individuals. A suit had, however,
have authority to call for, from time to time, and to enforce a been instituted, and he hoped that before long the funds of
return or an account of the annual funds and property of any the charity would be made subservient to the purposes of
charitable institution, and have power to summon before educatiou, end the other objects contemplated by its founder.
themselves, or other persons specially authorized by them, all Some such measure as the present was absolutely necessary.
parties concerned in the management or administration of All these charities were under the jurisdiction of the Crown,
any charitable institution or funds; in case of necessity to which was exercised in the Court of Chancery, and set in
appoint, and, upon adequate cause clearly established, to re. motion by the Attorney-General. But the Attorney General
move trustees; to take care that no sale, mortgage, or was wholly incompetent to exercise any superintendence over
exchange of charity property be effected without their these charities. Where gross abases were brought to his
concurrence, and that all funds applicable to charitable knowledge, as by the Commissioners or by individuals, he
purposes be invested upon real or Government security. could institute proceedings to allow his name to be used by
The board to be empowered to suggest relators. But cases were submitted to by which he was 1
schemes for the government of all charities, and for the ma- sometimes misled. The consequence was that he allowed
nagement of all estates and funds b-longing to such chart- suites to be instituted in his name fir bad purposes, and for
ties, and to correct any abuses therein, subject to the like con- getting costs, and in this way suits were compromised for
currence in cases where there are special visitors." selfish purposes. Of the existing charities there were
The present Bill was founded on the recommendations of 18,000 whose property did not exceed 101. per annum, and
that Committee. The commissioners certified 383 cases to whose income did ~not exceed 60,C0)1. Any application to
the Attorney-General, ant the charities benefited by the the Court of Chancery relative to these charities involved
proceedings taken in those cases to the extent of upwards of an expense which rendered it utterly impossible for the
600,000/. ;schemes were established having an income of trustees to move the Court.. It was not intended to invest
20,0001. No attempt at legislation was made from 1837 to the Commissioners with judicial powers, because the parties
1844, when Lord Lyndhurst, then Lord Chancellor proposed interested would not in that case communicate with them
a Bill to establish a jurisdiction in cases of small charities, with that entire freedom and absence of reserve which was
which Bill was read a second time and dropped. Jr! 1845 necessary to enable them to exercise the guidance, supervi-
and 1846 similar Bills were introduced, and the last was sin, and control contemplated by this Act. It seemed to
thrown out by a majority of two in the House of Lords. him that this Bill did all that could be desired. The Corn-
Thome Bills adopted generally the recommendations of the missioners appointed under it would exercise no arbitrary
Committee, and proposed to establish a board not merely for or inquisitorial powers. Its provisions were calculated to re-
advice and supervision, but for absolute jurisdiction over dress the abuses that prevailed, and he should therefore be
charities of smatter amount. The blanks were not filled up happy to give it his supporr.—(Cheers. )
in the first Bill ; but the second applied to charities under Mr. Alderman THOMPSON felt the disadvantageous po-
-50/., and the third to charities under 1001. Power was given sition in which he stood in opposing . this Bill. He was
in those Bills to impose a tax on charities to support the aware of the great amount of property involved, the abuses
establishment of the board; in 1844 3d. in the pound was that existed in certain endowed charities, and the necessity
proposed, in 1845 61, and in 1846 3d. in the Pound on the of some more efficient control over them. But there was a
smaller charities, and 11/2d. in the pound on the larger wide difference between charitable foundations endowed in
charities. Lord Cottenham and Lord Campbell objected former ages and those in which the management was en-
to what they deemed the arbitrary and despotic powers given trusted to respectable individuals, and which was in great
to a secret and irresponsible tribunal. Lord Cottenham, who Part supported by the contributions of benevolent persons.
had offered a resolute opposition to that portion of Lord Lynd- He had no personal interest in opposing this Bill, but he had
hurst's Bills which provided for the establishment of a board, for many years taken a deep interest in thew elfare and ma-
became Lord Chancellor in 1846, and introduced Bills in nagement of one of these institutionsese(Hear.) He alluded
1847, 1848, and 1849. A similar Bill was introduced by the to Christ's Hospital, an institution having an income of
Master of the Rolls in 1850. Those Bills got rid of a board, le,ooo/. a year, which was managed by governors now living
but provided that where charities existed having an income who had contributed not less than 200,000/. to its funds.—
of less than 30/. the judges of the County Courts should ex- (Hear ) Were these parties to continue to have the ma-
ercise jurisdiction ; where the income was between 30/. and nagement of that institution, or were they to submit to the
100/. the Masters in Chancery were enabled to do all that in interference of commissioners? In the latter event he felt
respect of the larger charities the Court of Chancery alone confident that the revenue, or a great part of it, would very
could do. No appeal was given with respect to the decision of shortly disappear. There were st:o governors, every one
the Masters in Chancery, and those of the County Court judges of whom was summoned from eight to ten times a year to
could only be appealed against with the consent of the judge attend the business of that hospital Twelve auditors were
himself. That provision was objected to by the Right Flon. elect.d by the subscribers, who audited and published the
Gentleman the Member for the University of Cambridge ( Mr, accounts in extenso, and sent a copy to every Governor.
Goulburh), but the Bill notwithstanding was read a third What need could there be for the interference proposed by
time. It was withdrawn, however, in the House of Lords, this Bill with such an institution? It was not the paltry
and in the meantime a new Commission had been established 50/. a year that Christ's Hospital would contribute to the
for the purpose of making inquiry into the cases general fund that he cared about, but those distinguished in-
of charities which had not been certified by the Attor- dividuals would be disgusted at the interference of the Com-,
ney.General. That Commission was issued in 1849, and in missioners, and would no longer feel the same interest in the
Jane, 1850, they made their first report, in which they management of the institution. Christ's Hospital clothed,
stated that they had received numerous complaints of real- maintained, and educated 1,400 children—the children of
administration of charities, and that it was evident to them Poor clergymen with large families, of half-pay officers in
that great abuses still existed for which no sufficient remedy her .dajesty's army and navy, and the orphans of officers who
had yet been provided. They went on to say— had fallen in the defence of their country. He deided that
"It appears to us that in order to apply an effectual and any objection was made on the part of the royal hospitals
permanent remedy to these various abuses arid defects, it is to the most searching inquiry by the Commissioners,
necessary to create, by, legislative enactment, tome public For more than twelve months they have been employed
and permanent authority, who should be charged with the examining
into Christclaurch Hospital, and they pub-
duty of supervising the administration of all these cho. licked their report in three folio volumes. The on
ritable trusts. • . We are of opinion that the creation Gentieman here entered into an explanation of the man age-
of such an authority as we have described would be the went of several of
the large hospitals of the metropolis, to
means ef saving a large amount of charity property by put- show the great care with which they were conducted and
tang a stop to many actual abuses, either of neglect or miss the very close attention paid to the administration of their
application, by advising a better administration to trustees funds. Teese in: titutions were the pride of the inhabitants
who are willing to be advietd, and, in many instances, by and the wonder of foreigners, who were utterly astonished
Preventing expensive liligation, which would seldom be when told that they were supported by voluntary contribu-
found necessary when it was generally known that any in- tions. if a clause were in cited exempting from the opera-
found
of neglect or malversation would meet with a certain tion of the Bill all estat lishments under the control of any
and prompt interference." committee, as governors, appointed by voluntary subscribers,
In the second report of this Commission they said— as was the case in previous Acts,
he sbould be satisfied ; but
" Considering, as we have already stated, that some legis- be was satisfied that if they were subjected to the
provisions
'give measure was necessary to secure the due administration of the Bill it would ge far to stopH the stream of
at charitycane
in
of charitable trusts, we have, with the sanction of your Ma- this country.—(Hear, hear.) e thought,
jesty's Secretary of State for the Home Department. pre- time, that the expenses of the Commission, instead of being
pared a Bill ' for facilitating and better securing the due drawn from charities in the way of a rate, should be paid
administration of charities in England and Wales,' which we out of the consolidated fun:l.—Vicar, hear.) In conclusion,
have submitted to the consideration of your Majesty's Go- the Hon. Gentleman moved that the Bill be sent to a Select
vernment." Committee upstairs.
The Bill so prepared by this Commission was in point of Sir R. H. INGLIS seconded the amendment. He did not
fact, the Bill now presented to the House. it was brought deny that some legislation was necessary, but the present
into the House of Lords in 1851 ;it was received with una- Bill would punish those who were guiltless, It would be
nimous approbation, so far as the principle was concerned; very much to the injury of the voluntary charitable eats-
the Bill was read a third time, hut it came down at so late blisinnents of the country if they were to be exposed
should to the
a period of the session that it shared the fate of all its pre- visits and examinations of a paid commissioner, f
decessors, and no law existed at the present moment for the be remembered that those institutions were conducted by
correction of the abuses in question. The general character persons who rendered their services purely from motives of
of the Bill at present before the House was this :—Adopting Christian charity. In the case of come of these societies—
the recommendations oft he Committee of 1835, and follow- such, for example, as the Reyal Literary Fund—where the
• jug out the Precedent of the Bills of 1844, 1345, and 1846, recipients of relief were peculiarly sensitive, the publicity
it was proposed to establish a board, which was to con- thus given to the proceedings would go tar to deprive the
slat of five Commissioners, two of whom were to be relief given of its value.—(Hear, hear.)
to Ideaayedf societies like
paid. Whether these two would be sufficient or these were not exempted, the aid given literary
not would be a matter of important consideration men would become almost as public as that given at the
for the 1-Luse.—(Hear. )It was reserved for the union workhouse.—(Hear, hear.) He !Treed with the Hon.
Lord Chancellor to appoint a third paid Commis- Allerman (Alderman Thompson) that the expense of super-
- :stoner, and his (the Attorney-General's) belief was, that the visiog those charities that r, quired it should be paid out of
labours of the board, when first established, would be so the consolidated fund —(alear, hear.) The sums given by
considerable, in bringing matters into form, and in bringing ineividuals to some of the great hospitals were perfectly
into operation a system applicable to all the charities astonishing in . amount, and he might state that he had
throughout the kingdom, that the proposed board of heard of one gentleman who intended to give 5,00)1. to one
two would be insufficient. This board was not to be of the hospitals of the etrop
the rthoseolis, ut whinsti tuo hadtions refrained
were or
from
invested with any jurisdiction over charities at doing so till he learned wh b
all. It was to be a board for the
supervision, of control, and of advice, and
Purpose of were not to be exempted from the operation of this measure.
it was Ho hoped his Hon. and Learned Friend would not drive them
• proposed that no suit or proceedings should be instituted in to object to the bill in toto, and that the measures ofthe
respect to any breach of trust, or of any matter connected late Government could be carried out without depriving
with these charities, without the content of the Commis- those who administered the charities of London and of other
!stoners of the Board. The object and the effect of this pro-
er of suits which had bar.places of all personal interest in those great establishments.
vision would be to prevent a numb un-Alderman SIDNEY could not concur in the amend-
fortunately from time to time been brought, notwithstanding merit. He admitted the present efficacy of the administra-
the check and control of the Attorney-General merely for tion of Christ's Hospital, but how could they b 3 sure the
the purpose of costs. It was a check which would
be inhti- same spirit would evinced hereafter? The foundation
and cries of
nitely more beneficial in the case of large t an of sma c a.. was intended for the sonsofofnionbdligent freemen • but in effect
rides, because the former were more likely to tempt the they found that the sons
cupidity of speculators for costs. With respect to charities there.—(A laugh, ' ) Well it wags com-
“els.m,eenr, had been brou la up
case.
with
erhe
with incomes under 301., it was proposed to give jurescite- money understood such was the Igeneral the charie
Hospital, tiara to the County Courts—(Hear)--or the district Courts ties of London were not administered
royalgard
of Bankruptcy; and at to the cha ities with incomes between to the intentions of their beneficent
erfovrenkdreirsp,raenpdesaeldl ohfythtelfnle
the leoathsterr
301. and 1001., to give jurisdiction to the Masters in Chan- should be included under the supervision
eery, not compelling parties, as now, to go by petition to the Bill.. If they excepted Christ's
streets now
'el t
hSnet.,
wThhio:
iads
l' se
. court before they could be sent to the Master. There was a hospitals, such as St. Bartholomew's a
pose.
lethat the
provision in the Bill upon which he laid great stress, for must also be excepted from its operation, n And yeitn,eobnuvtea..
enabling trustees and persons interested in Charities to ob- short time ago Si. Thomas's had been
not
full
lain the advice of the Commi sinners of the Board as to their nienced by the defalcation of the *treasurer FraedtalY
• proceedings under the trust (Hear, hear)—and it wes pro- and disorderly persons were as common in
posed to render those persons who resorted to the Commis- as in the days of Edward VI., they
stoners for their advice safe in acting under it by giving Bridewell Hospital was carrying out the pur
them an indemnity. The Commissioners would have power it had been instituted. At all events, there couldr wbhich
if the Bill passed, to send questions relating to all charities disadvantage in making proper inquiry into the mode 7°
with incomes below 30/., either to the County Courts or to which these great trusts had been discharged, and he obn
the district courts of bankruptcy ; and they would have jected strongly to the exemption of the universities from
power also to interpose. and to stay any proceedings which the operation of the Bill in that respect. Provision had
they thought were improperly cosclucted. At the same been made so far back as the reign of George 11. for ineuily
time, in order to provide a check against any improper in- into the charities connected with the prisons of the city
terterence on the part of the Commissionere, they were to of London by one of the Chief Justices or the Chief Baron
have no control at all over the Attorney-General, who and three magistrstes, but it was only within the last few
might proceed ex officio without giving any notice to them. weeks the first inquiry of the kind had commenced. AS
When the Attorney - General took proceedings, an instance of the abuses which had taken place in this
the Ciimmis- matter, he might
no certificate was necessary from observe, that the Ashton charities, which
' sinners; but in any, other case it was absolutely requisite were founded 125 years ago, for the payment of 951. yearly
before any suit could be instituted either in the C. unty to the pensioners, had never paid one farthing up to the
Courts or the district courts of bankruptcy, or before any present time ; and it was talc dated that the sum due
proceedings could be taken before the Master or the Lord from them, taken at 3, per cent., was no less than 100,0031.
' Chancellor. Toe system proposed by the present Bill would The trusts were still in existence, but all that came of them
obviate some of the objections which bad been urged against was, that the respectable solicitor who was interested in the
' former measures. In the first place, the Commissioners charity stated he had now 2,000/. or 3.0001. to render avail-
would be strictly a board and not a court —(Hear, hear.) able for the purpose. He thought it absolutely necessary
They would have the power of directing proceedings to , that these charity funds should be inquired into, and he
be taken; they would specify the court in which those I hoped no further °position would be offered to so excellent
proceedings would be institutel, subject of course to the a measure as the one before the House
limitation he had mentioned; and, as a check upon the Mr. Alderman THO APSON, in reply to the statement
County Court Judges, they might remove a case from those that sons of noblemen had been presented to Christ's Hos-
Courts:, and direct it to be carried before the Master or tehe pital, expressed his belief that there was only one case
Lerd Chancellor himself. To one part of the Bill he was which could have afforded ground for such an assertion, and
told that he must expect considerable opposition. He that was the presentation, made by himself, of a grandson
meant that which proposed to tax the charities indiscrimi- of the great Lord Rodney, an orphan.
nately to the amount of 2d. in the pound, provided at the I
Sir P. WOOD assured the Hon. Alderman that the com-
same time that the amount paid by no charity was to exceed missioners under the Bill would have
no other contronldovreer.
bO/. It was anticipated that this would raise a sum of the different charities except that of
examination a
;OM a Seer NYIII4 Tfeltldi he DelieTedt b 0 40ficient for prtip 4g, they §9 tlietiglat At. e
1-1 Q R4.4111ct be perry to see