The Sun.
London, England, 1854-03-17 00:00:00

ENCUMBERED ESTATES.

Mr. HENRY HERBERT wished to ask the Secre-
tary for Ireland if it was in contemplation to bring in
any measure to facilitate the sale of land which does not
come under the Encumbered Estates Act.

Sir J. YOUNG said the subject was under con-
sideration.
RAILWAY LEGISLATION.

Mr. RICARDO asked the President of the Board of
Trade whether it was intended to bring in any measure
founded on the report of the committee which sat last
session on the subject of railways and canal bills.
Mr. CARDWELL said a resolution founded upon the
resolutions of the committee was prepared, and would
be shortly brought in.
LAW OF MORTMAIN.

Mr. HEADLA.M, in moving for leave to introduce a
bill to amend the law of mortmain, said he rose for the
purpose of submitting to the house a measure of some
importance. He was about to ask the house to consider
the whole law affecting the disposition of property for
charitable and religious purposes, a law under which it
was right to state, in the first instance, many institu-
tions in this country had been established, and which
were sanctified by the memories of the past—a law which,
on the other hand, it was equally right to say, by which
great injustice had been done, a great amount of litiga-
tion had been caused, and a great amount of property
had been taken from those who had a moral claim to its
possession, and applied to purposes of questionable
utility. He was going to ask the house to repeal the
existing law on the subject, and enact in its place provi-
sions which he hoped to prove were more adapted to the
circumstances of the time. The existing law had failed
to answer the purposes for which it was intended, and
at the same time had given rise to evils of great magni-
tude. It was right that he should say a word for himself,
as some apology might be considered due from an inde-
pendent member venturing to bring forward a measure
of so comprehensive a character. But the house would
remember that in the last Parliament a select committee
was appointed on this subject, of which he had the honour
to be chairman, and, after investigating the subject for
two sessions, a full report was made to the house, and he
pledged himself to bring forward a practical measure if
it were not undertaken by Government. He had urged
it on successive Governments since that period, and as
Government did not intend to undertake the measure
he thought it right to fulfil his pledge. The first law on
the subject of mortain was to be found in Magna Charts,
which stated that it shall not be lawful to give land or
hereditaments to any religious house, and to take the
same land again to hold of the same house, nor shall it
be lawful for any house of religion to lease the same ;
and if any one shall give his land to a religious house
the gift shall be utterly void." This was in reality the
commencement of the law on the subject, but before that
time the principle of the common law prohibited the
giving land to religious houses. Our statutes were
passed subsequently for the purpose of preventing eva-
siens of the law which from time to time took place.
This provision of Magna Charta was still in force, but
had become obsolete with reference to the circumstances
of modern times. He might commence his proposed bill
by repealing the provision, butes it did no harm he should
not raise his hand against it. As he had stated this was
the commencement of a series of statutes by which Par-
lernent endeavoured to prevent the evasions which con-
tinually took place. Blackstone said "in perusing the
history of these statutes, it will be a matter of curiosity to
observe the great contrivances in evading this law from
time to time, and the zeal with which successive Parlia-
ments adopted new remedies till at length the legislature,
though with great difficulty, obtained the victory." It
was true a great many statutes were passed, but he
differed with him when he said the legislature obtained
the victory. They were all of them familiar with what
was called long terms of years of conveyancing. Now,
where land was given for charity purposes they at that
time evaded the law by granting the land for very long
periods. The 7th Edward I. was enacted for the pur-
pose of meeting this evasion. Then they heard prob-
ably of what were termed fines and recoveries, which
were proceedings technically existing in the law till
within the last 20 years. Tney were also used-for the
purpose of evading the law of mortmain, and the 13th
Edward I. was enacted to prevent that mode of evasion.
Then there were uses and trusts which were applied to
modern conveyancing, but which were introduced also
for the purposes of evasion, and the 15th Richard 11.
was passed to put a stop to that mode of evasion. In
the time of Henry VIII. a great proportion of the land
was devoted to purposes of this description, and it was
not the force of law, but the tenacious grasp of that
monarch which took this property from the purposes to
which it was applied, and devoted it to purposes which
were perhaps more useful. The general result of all
these acts was, that no land could be given to a corpora-
tion and held by that corporation unless there was a
license from the crown, or a provision contained in the act
of Parliament under which the corporation was established.
With regard to personal estates, to use a parliamentary
phrase, he had three courses. He might forbid the
giving of all personalty ; and there were some gentle-
men on the committee who advocated that view, but
he thought that would be too stringent a provision.
The second Bourse would be to make the law the same
as that which applied to the other descriptions of per-
sonal property, that was to say, that there should be no
restraint whatever. He, for one, was not disposed to
accede to that. He thought it was not desirable to in-
troduce so grave a relaxation as that would be. What
he proposed was a medium course between the two, and
that all personal estate should be subject to one law
with regard to bequests, namely, that the will should be
executed three months before the death of the testator,
and that notice of it be given one month before the death
to the charity commissioners. He confessed he attached
moregr,,at iemxppeodrientaneyce to the second of these provisions than
the first ; because, if one thing had been proved before
the committee more clearly than another, it was the
of having such gifts brought under the
cof,ignisance of the commissioners. He did not intend,
course, that the objects of these bequests should be
made public until after the testator's death ; but he
wished to have all such execated in as solemn and formal
a manner as possible. It was possible that under this
bill some charitable bequests might fail, but it should be
remembered that at present half the personal property in
the kingdom could not be given for charitable purposes

at all ; and therefore he considered his proposal a fair I
compromise. The next matter to which he would allude
was the necessity of some measure for curing the defects
of titles, which had grown up under the present law.
The house would be surprised to hear the extent to which
these defective titles existed. Mr. Bunting, in his evi-
dence, said, " I think I could, in five minutes, from my
own knowledge of the cases, enumerate property to the
extent of 200,0001. and 300,0001., the title to which is
bad, except so far as it has been cured by statute." The
source of these defects in the case referred to by Mr.
Bunting was the local custom he had already mentioned ;
and about twenty years ago it had been found necessary
to pass an act of Parliament on the subject. He
(Mr. Headlam) now proposed by a general enactment to
►sake valid all existing titles except where proceed-
ings had been taken to impeach them ; and he trusted
that no retrospective measure of this kind would
ever be required in future. (Hear, hear.) There was
another object which he sought in this bill to attain,
namely, to prevent what were called secret trusts ; that
was to say, cases where property was given to indivi-
duals for trusts the nature of which was not disclosed.
A very strong opinion had been expressed by the com-
mittee against trusts of this description, an opinion which
was founded upon evidence equally strong ; and, indeed,
it was obvious that secret trusts must hold out great
temptations to laxity and dishonesty, and give rise to
continual heartburnings. He should, therefore, propose
to enact, that if any person accepted property upon any
secret trust, and should omit to give notice to the Chari-
table Trusts Commissioners, he should be personally
liable to refund all the rents and profits which he had
applied to purposes specified, and if no suit were insti-
tuted within a given time by the persons interested in
the property, then the Attorney-General should be at
liberty to sue. He (Mr. Headlam) was quite willing to
admit the impossibility of entirely preventing cases of
this kind ; but he thought the proposal he had made
would materially check the practice, which was, per-
haps, all the legislature could hope to effect. (Hear,
hear.) Since the act of George 11. various exemptions
from its operation were obtained by different parties ;
but he was strongly of opinion that there should be one
general law based upon a sound principle, and that from
such law no exemptions should be allowed. In the reign
of George 11. a very earnest endeavour was made by
the universities to be excepted, and several other
bodies bad since obtained the same privilege. The
committee, however, had had the Vice-Chancellor of
Oxford before them, and that gentleman had stated
his opinion that the university had not derived any
material advantage by the concession. That state-
ment appeared to be quite the fact, for there seemed
to have been no gifts made to the university on ac-
count of its exemption from the act. But although
such exemptions were of such small practical value,
their continuance did impart a certain degree of unfair-
ness to the law ; and he (Mr. Headlam) would provide
against that by a clause to the effect that the exemptions
which had been obtained from the operation of previous
acts should not be likewise admitted as exemptions
from this bill. (Hear, hear.) There was now only one
other point remaining to be noticed. Dr. Wiseman
had complained before the committee of the Statute of
Superstitious uses. Now he (Mr. Headlam) did not
think that there was any practical grievance in that
statute, inasmuch as the act of the 2nd and 3rd of Win.
IV. placed the Roman Catholics on precisely the same
footing as Protestant Dissenters. However, as the
statute of Edward 11. might have possibly have prac-
tical operation notwithstanding the Relief Act- -which
he very much doubted—he should propose its formal re-
peal ; such repeal, however, not to effect the legal defi-
nition of the word "charity," so that Roman Catholics,
Dissenters, and members of the Church of England would
I then all stand upon precisely the same footing. He had
now enumerated all the materials provisions of the bill he
was proposing, and he had described the nature of the
changes which he sought to introduce. When he first
moved in this matter and asked the house to appoint a
select committee on the subject he stated that it was not
his intention to make any difference between the diffe-
rent religious communities in this country ; and he trusted
that there was nothing in what he had said or proposed
that could insult the feelings or even wound the preju-
dices of any person whatever. (Hear, hear.) His bill
hail been conceived its no illiberal spirit towards the
charities of the country. We had many proofs of the
greatness and wealth of this kingdom—many proofs!of
the power we exercised in the remotest parts of the
world ; but the proof that made the greatest impression
of all upon his mind wore the enormous sums that were
annually contributed by individuals amongst us to chari-
table and religious purposes, and the zeal and energy
that were displayed by so many persons in improving the
condition of their fellow-subjects, and in spreading the
blessings of civilisaticn and religion to the farthest ends
of the earth. (Hear, hear.) He had no wish to freeze
up the source of this munificence ; for the alms which
men gave in their lifetime—the rich from their super-
fluities, the men of moderate means from their necessi-
ties, and those in humbler circumstances from their
poverty itself—conferred a benefit not only on the ob-
jects of their benevolence, but upon themselves. Of
money so given the description of the poet was no less
accurate than beautiful—

" The quality of mercy is not strained ;
It droppeth as the gentle rain from heaven,
Upon the place beneath : it is twice blessed,
It blesseth him that gives and him that takes."

(Cheers.) But the same observation was scarcely accu-
rate when applied to money given, not during the life
of the donor, but at a time when it could hardly be
called his own—given when he could exercise no self-
denial in providing it, nor control its disposition. (Hear,
hear.) If anything, therefore, that he (Mr. Headlam)
had said, or any provisions of the bill he sought to intro-
duce, should have the effect of changing charitable dona
Lions of this second class into those of the first, in induc-
ing men to give in their life-time rather than upon their
deathbed, he, for his own part, should be completely
sltisfiA with the result; and be should feel that his
labour had not been in vain. (Cheers.)

Mr. HADFIELD seconded the motion for introduc-
ing the bill, and expressed his regret that a measure of
such importance had not been brought in by the Govern-
ment. As to deathbed bequests to charitable objects,
he believed that the majority of the people of this coun-
try knew nothing of them at all. Such, at least, had
been the experience of Mr Bunting, and such, too, his
own. But what they had to complain of were the diffi-
culties thrown by the existing law in the way of gifts to
charitable and religious objects. The statute of mart
main was never intended to operate against dispen-
saries, places of worship, schools, or the like, and he
believed that an entirely erroneous construction of the
act had for a long period prevailed in the courts,
to the no small detriment of the cause of benevolence.
The charity of which the people of Manchester were
most proud, was the infirmary ; but that was held
for fifty years upon a bad title. The trustees had
reserved a small rent-charge to the lord of the manor,
and their reservation co►npletely vitiated the title. Under
the mortmain acts copyhold land could not be applied to
any purpose of charity ; and in the whole of large dis-
trict, where the,land was all copyhold, not a dispen-
sary, a school, or a literary institution could be safely
erected. He knew a case where a gentleman had left
60,0001. to found a blind school and a blue-coat school ;
but that noble charity was actually kept 10 years in
abeyance owing to the impossibility of finding a site to
which a safe title could be given ; and the difficulty had
at last to be obviated by a private subscription. (dear,
hear.) The bill would give facilities to charitable pur-
poses of all descriptions, and it would not have the least
sectarian tendency. He should therefore second its in-
troduction with great pleasure.
The ATTORNEY-GENERAL said that on the part
of the Government there was no objection to the intro-
duction of the bill. (Hear, hear.) The subject was no
doubt one of great importance, and he thought the time
had come when the law of mortinain might well undergo
revision. (Cheers.) His hon. and learned friend had
given a great deal of time to the question, and no one
was better able to deal with it than he ; and therefore
without pledging the Government as to the course they
would pursue when the bill was before them, he (the
Attorney-General) had no hesitation in saying that the
objects the bill proposed were well worthy of the con-
sideration of the house. (Hear.)
Mr. BOWYER admitted the justice and fairness with
which the subject had been treated by the hon. and
learned gentleman, and assured the house that when
measures affecting the Roman Catholics, and framed in
that spirit, were brought forward, they would always be
discussed with moderation and candour by hon. gentle-
men of that persuasion. (Hear, hear.)
Leave was then given to introduce the bill, which
was brought in accordingly.
ENDOWED GRAMMAR-SCHOOLS.

Mr. PELLATT moved for an address for the appoint-
ment of a Royal Commission of Inquiry into the state,
average number of pupils, discipline, studies, and re-
venue of endowed schools of En ;land and Wales ; also
of the endowment for scholars, their number and re-
venue ; likewise of all bequests of libraries, and endow-
ments for their support ; the character, numbers, and
condition of the hooks, the number of the librarians and
their salaries, with the view of increasing the educational
and other advantages to the public in general. The
object of his motion was to bring to bear, for educa-
tional purposes, the large funds belonging to these en-
dowments which at present were applied in ♦ery minute
proportion to the purposes for which they were granted.
He had not the slightest doubt that, could the whole of
these funds be applied to their intended purpose, the
educational system of the country might be placed on an
efficient footing without any aid whatever from the Go-
vernment It might be said, perhaps, that the Charitable
Trust Commission were competent to deal with this subject,
thecommissioners had already more work on their hands
than they could transact for the next 40 years to come.
From the funds of Dulwich College alone more than
5,0001. a•year might be applied to the educational pur-
poses for which they were granted, but to which they
were not applied. Another instance he might mention
was that of the Grammar School of St. David's, in South
Wales, where lands bequeathed for educational purposes
were, by mismanagement, let for 1,5001., where they
might readily realise 6,0001., and where but 501. of the
amount was applied to education. The case of the
Grammar School at Cheltenham proved how much
might be done by rigid inquiry ; for whereas, a few
years since, only sixteen children were educated there,
now, in consequence of the investigation that had
taken place, means were found by the fund, which
had been so long misapplied, for the education of 300
children.

tend, and it was to be recollected that there had al-
ready been a commission of inquiry into the system of
charity schools, which had been attended with vast ex-
! pense, and the report of which had filled many folio
volumes. He believed that there might still remain
some things to he done, and that, as the commissioners
appointed last year might not be able to extend their
inquiry to the subject of endowed schools and such
matters, so as to be able to effect the desired improve-
ments, it might, therefore, be necessary to extend their
powers and to give them a larger staff than they had at
present. Before, however, taking any steps, it would be
desirable that the Government should take into conside-
ration the whole subject. He believed that the staff at
the disposal of the commissioners appointed last year was
little adequate for the purpose, and it might be desirable
to give them some additional powers. Believing
that the subject was one which required the considera-
tion of the Government, he should oppose the motion.
The noble lord then moved the previous question.
Mr. HUME thought that the hon. member for
Southwark must be aware that a great number of the
schools to which he had referred came within the scope
of the commission which had already bee❑ appointed,
and he therefore thought that the appointment of a
new commission would be productive of mischief
rather than good. As he understood from the noble
lord that the Government intended taking the
subject into their consideration, he trusted that
the hon. member would withdraw his motion. He
must, however, express a hope that there would be no
delay in the proceeding of the commission, more espe-
cially with regard to the funds of these schools.
Mr. KERSHAW rose simply to express his hope
that the hon. member for Southwark would adopt the
suggestio❑ of the hon. member for Montrose.
Mr. HENLEY wished, where abuses existed, to see
them removed ; but he did not think that the funds of
any of those schools should be applied for a purpose
different from that which was intended by their founders,
and he trusted that no such arrangement was contem-
plated by the noble lord.
Sir G. GREY had understood the noble lord to state
that it would be necessary to increase the powers of the
commissioners by an augmentation of their staff. If
the hon member for Southwark passed his motion, he
should be prepared to show that the present commis-
sioners had power to conduct the first part of the in-
quiry now proposed. By the law, as it at present stood,
endowed schools were bound to send in, before such day
as the commissioners appointed, a full statement of
their revenues ; but it would be impossible, with so
limited a staff, to undertake the whole inquiry.
Mr. PELLATT then withdrew the motion.
SUSPENDED WRITS.
On the motion for the adjournment of the house,
Mr. WALPOLE wished to know what course the
Covet nment meant to pursue with regard to the writs
for the boroughs of Cambridge, Canterbury, Barnstaple,
and Kingston ?
Lord J. RUSSELL said that the Attorney-General
would make a motion on the subject of the hills he hid
prepared for prevention of bribery in those boroughs be-
fore the orders of the day on Monday next. He did not
see any objection to defer the issuing of these writs, but
in the case of Tynemouth the matter was different. It
was only proper in such matters that sufficient notice,
say, six or seven days, should be given to the house, so
as to enable any person to take objection to the course
proposed, if he should think fit to do so.
The house adjourned at seven o'clock.

Lord J. RUSSELL—The subject which had been
brought forward by the hon. gentleman was, undoubtedly
one of considerable importance, and he was not pre-
pared to deny that some further measures might be
necessary for the purpose of thorough investigation.
The inquiry, however, proposed by the hon. gentleman
would be attended with considerable expense, and
would, in fact, be an interference with the commission
which was appointed last year. (Hear, hear.) It did
not appear to him quite obvious to what an inquiry into
all the particulars referred to by the hon. member would

THE. SUN. LONDON, FRIDAY EVENING, MARCH 17, 1854,

TILE CHARGE OF CORRUPTION AGAINST
IRISh MEMBERS.

The select committee in this case met again yesterday
morning at twelve o'clock, and resumed the investigation.
Dr. Gray was recalled. He remembered in 1851, on
a motion of Mr. Disraeli's, on the 13th of Feb., of that
year, Mr. Sadleir came to him in the lobby of the House
of Commons, accompanied by Mr. F. Scully, the hon.
member for Tipperary, and said, "Here is Scully won't
vote for us after all, giving as a reason that he got an
appointment for his brother," Mr. Scully wanted to
vote against ministers on that occasion, provided he
could do so without any breach of honour, he having got
a place for his brother from the Government ; and in
order to settle the point, the question was there and
then submitted to arbitration in a small angle of
the lobby —(a laugh)—he (Dr. Gray) acting as umpire.
The arbitrators, after discussing the subject for nearly
two hours, decided that there was nothing in that ap-
pointment which he (Dr. Gray) believed was worth 5001.
a-year, which made it a matter of honour with Mr.
Scully to vote for the Government ; and on that deci-
sion Mr. Scully went and voted against Ministers, which
he had wished to do iu his conscience. He (Dr. Gray)
mentioned that as an instance of the difficulty of induc-
ing Irish members to vote against the Government. As
another instance, he might state that on the very same
night a difficulty arose with Mr. Reynolds, who about
half-past seven o'clock refused to vote against the Go-
vernment. He (Dr. Gray) and some Irish members
pressed him a good deal in the lobby to vote against the
Government, but he said his conscience would not allow
him to do so. (A laugh.) Whilst he was talking to
Mr. Reynolds, Mr. Fagan, the member for Cork, came
and pulled him (Dr. Gray) aside by the skirts of his
coat, and produced a document in Mr. Reynolds's
handwriting, which was a list of members who
could be relied on as men who would vote against the
Government on that occasion, and which included the
name of Mr. Reynolds himself, in his (Mr. Reynolds')
own handwriting. He (Dr. Gray) took that document
to Mr. Reynolds, who acknowledged it to be in his hand-
writing. Whereupon he (Dr. Gray) said to him " Now,
Reynolds, if you go and vote with the Government on
this subject I will frame and glaze this—(langmiter)—and
hang it up in the oflice of the Freeman's Journal, and
advertise it in every newspaper in Ireland as being for
public exh:Lition there. Upon holding out that threat,
Mr. Reynolds went and voted against the Government.
(Laughter.) He (Dr. Gray) was talking on the lobby to
another Irish member, and endeavouring to induce him
to vote aeainst Ministers on that occasion, when Mr.
Hayter canoe up, and taking the Irish member by the
button, said : "Dr. Gray, you have had this gentleman
long enough ; I am sure he won't be corrupted by you ;"
and he went away with Mr. Hayter and voted for the
Government. (A laugh.)
Mr. Samuel Bindon, a barrister, living in Gloucester-
street, Dublin, referred to by Dr. Gray as a person who
could corroborate a statement he had made before the
committee relative to a sale of a place in the Custom-
house, was next called. He stated that when Lord
Derby was in power, a man in the employ of the Cus-
toms offered him (witness) 91. if he would use bis in-
finance with the Government to get him promoted to a
vacancy. After ridiculing such an offer, witness
said he had no influence of that kind, and therefore
could not assist him. The man, with whom he was
very well acquainted, at la,t said he would give
witness 9/. if he would get him the place. Witness
laughed at the suggestion, and told the man that it
was very absurd to make him such an offer as that. The
conversation had closed, and the man was about to leave
the room, when witness said to him, " Why on earth did
you offer me 91. ? Why was it not 5l or 101. ?" The man
replied that that was the sum which the person who had
vacated the office in question gave for obtaining it to a
member of parliament for Dublin—mentioning the name
of Mr. Reynolds. He was positive he mentioned the
name of M. Reynolds.

In reply to the Chairman the witness refused to give
the name of the man who offered him the 91., conceiving
that it would be a breach of confidence to do so ; and
The Committee ordered the room to be cleared. On
the re-admission of the public,
The Chairman intimated to the witness that it was the
opinion of the committee that he must divulge the name.
The •xitness stated that, acting under the compulsion
of the committee, the name of the man was Michael.
Enright.
__o

C. Anstey, formerly member for Youghal, was
called at his own request, and made a statement deifying
the truth of the charge that had been made before the
committee, that Dr. Power got his appointment of a
governorship of a West India Island by means of a cor-
rupt bargain with the Minister for his support of the
Government.

Mr. J. Reynolds, formerly member for Dublin, ad-
dressing the committee, said having just come from Dub-
lin at great personal inconvenience to contradict the false
and malicious rumours and calumnies stated before the
committee, and which had been circulated to his preju-
dice by the press, he trusted the committee would put
him under examination at once.

The committee ordered the room to be cleared, and
on the re-admission of the public,
The Chairman (addressing Mr. Reynolds) said he was
desired to inform him that the committee did not con-
sider that the statements involving his name were yet in
a sufficient state of forwardness to justify them for
calling for such explanations as he might think fit to
offer ; but he should have the fullest opportunity of
making any statement in his own justification that he
might wish.to make at a future period.
Mr. Reynolds said, whilst accepting that intimation,
he thought it cruel that the evidence given to-d,ty before
the committee should be circulated on the wings of the
press without his having had an opportunity of contra-
dicting it in the strongest possible terms ; but whenever
the committee decided on examining' hop, he should be
prepared to submit to the most stringent examination,
and to contradict, Li the most unqualified terms, all the
reports circulated to his prejudice.
The committee then adjourned to 1 o'clock next day.