The Sun.
London, England, 1870-05-25 00:00:00

THE CONVENTS AND MONASTIC
INSTITUTIONS

The select committee of the House of Commons ap-
pointed to inquire into the state of the law respecting the
property of conventual and monastic institutions met yes-
terday for the first time to take evidence—the Right
Hon. E. P. Villiers in the chair.

The first witness who was examined by the chairman
was Mr. Eyer, chief commissioner of the Charity Commis-
sioners, who stated that he had been sworn on the establish-
ment of the commission. The duties of the Commis-
sion with respect to the charities was to collect in-
formation respecting them and their ways and the man-
ner in which they control the administration of their estate,
and to exercise a general superintendence, "We derive our
power from several acts of Parliament, the first being in
1853. Our jurisdiction was considerably enlarged by the
Act of 1860. By the Act of of 1863 we had power to in-
quire into charities with respect to their endowments, but
the institutions of Roman Catholics were exempted till
1860. There was a succession of Acts continuing the
examinations till 1860. We had power to initiate
inquiries if we obtained accidental information,
Putting aside exceptional cases, our staff was too
small to institute any universal inquiry. It is not neces-
sary that we should procure our information from the
charities themselves, but there was an obligation on the
part of the charities to inform us of the nature and
amount of their income. There is a certain amount of
reluctance to submit those accounts, and it is very diffi-
cult to enforce it. We pass AU order on to the board, and
if they will not obey that order we apply to the Court of
Chancery and make it a contempt of court not to make
the returns. The obligation practically is im-
perfectly performed. A charity or endowment for
a religious purpose would come within our supervision
I have no doubt that in cases in which an institution wsa
endowed for religious purposes it is considered a charity,
and would be nuder our powers of supervision. After the
passing of the Act of 1860 the Roman Catholics enrolled
about 400 of these institutions. There were grants of
land and no trusts at all ; but they were simply
made for charitable purposes, which were not declared
so that it was no use inquiring for the trustees. The
Act of 1860 gave the power of enrolling deeds which were
invalid before, but becaMe Valid after such enrolment. ,
At first it applied to the y94,T Only, but at that time was
in the ease of Roman Catholics, extended from time to
time, until at present they seem to have the power of en-
rolment at any time. We have no means of knowing what
number of endowments there are forßoman Catholic chari-
ties since 1863 ' • we are under no obligation to
seek them out we have very much confined ourselves to
the duties of our office, and have inquired only in cases
where representations have been made. There have been
very few cases in which Roman Catholics have complained
but there have been one or two, one in Northumberland,
I know. We are not aware that there is any
maladministration of their funds ; we know nothing
about them in point of fact. I know of no reason now
wily the Roman Catholics do not declare those trusts, but
prior to 1860 there was every reason, but in fact before
then there really was no declaration of trust, notwithstand-
ing the charities of Catholics and Protestants were placed
on the same footing, and it was still held in the courts of law
that some of their trusts were for superstitious uses, and
in 1860 there was an attempt made to separate that part
of the charity which was to be devoted to superstitious
uses, and the intentions of the founder in other respects
made lawful; but it had the eject of rendering the
Catholics reluctant to disclose -the 84Arities. With
respect to the Masses and prayers for the
dead, Sir H. Jenner Fust bad on one occasion
ruled that money left for that purpose was not necessarily
left for a superstitious observance, but that decision was
afterwards set aside, and we should have no control over
money left for such a purpose, but we ehould notice
it being illegal, and would not act with respect to
We have numerous cases of gifts with respect
to graves and tomb stones, which are also held to be
illegaL They are not within our scope and object. I
really know nothing about monastic and conventual insti-
tutions, and cannot make any snggestion for the improve-
ment of the law with respect -to them. I cannot say
whether they are harmless or not.
Mr. Jessel : If they are not illegal on. what
ground do you consider they are charities ? 'hey
are charities in so far as they may be "end Owed
for charitable purposes. There is this distinction
between a convent and a club. In so far as they each
provide their own means of subsistence, there is no par-
ticular difference ; but the difference arises as soon as you
go farther, and some one gives money to them for a build-
ing or for the purpose of protecting those who may make
them a charity,
,By Mr. Newdegate : We are only public trustees to the
extept that any charity may apply to us in any matter
which ariser out of a public charity, but we are not
trustees for religious endowments as such, We have
a power of examining the trust deeds pf a
charity, and it is not being devoted to its purpose
under the trust deed we can apply to the Attorney-
General and the Court of Chancery, but we have no
power to direct any alteration ourselves. We nave no
direct power at all. Under the Act of 1860 the
number of enrolments is not large as compared
with the Roman Catholic chasities. In the
report of 1862 there are some cases in which we return to
the operation of the Act of 1860, If there was a desire
to do so there were means whereby the trustees of any
Charity could purge their Charity of any misappropria-
tion of the funds of the Charity and restore them to the
uses for which they were-intended. I know of no We in
which any such application has been made by any one
connected with Roman Catholic Charities. We have no
means of knowing on what conditions conventual property
is held. A convent is a community of persons living
together, and property given to them would be charity
if they were associated with charitable purposes. If the
property were given to trustees it- does not necessarily
follow that they would be charities. It is within the
. •
ecope of our powers to frame schemes as to 'appropria-
Om of the funds in charitable institutions, and if it we
,nece„stary to have power to inspect. yor pi_.stanee, we
should ,have power to inquire into Christ's 'Hospital, its
objects, how they were provided for. It would depend rery
ranch npon ate nature of the application made to us what I
the
nature of ow inquiry would be. If any one were to
inform us that the objects of a charity were
not properly carried out we could inquire. We
should also have power to inquire into any
in which money was left for the supper of the poor and
sick. We might inquire into benefit societiee, if endow-
ments were made to them, but only pro tan.
After some further evidence tanks
the court adjourned.

The Cape merchants in London are making great
efforts to obtain a reduction of the duties on Cape Win.es.
A contemporary states f,i4At Mr. Lowe is apparently
favourable to their appeal, aKtkugh he hesitates about
equalising the duties, and is mope 4isposed to take a middle
course.

THE DARIEN CANAL.—The New Yo:4 ,fferald
of May 11, just arrived, publishes correspondence from
the Darien Exploring Expedition, down to the date a
May 2nd. Careful surveys having shewn the routes of
Sassardi and Caledonia Bay to be impracticable, for
a canal, the expedition had gone to San Blas. This
route from San Bias on the Carribean sea to the river
Bayamo on the Gulf of Panama, Pacific aide, has never
been thoroughly explored, partly from fear of the Indians.
As the present expedition is well supplied with all neces-
saries, its members are less apprehensive. They have ,
already surveyed the Cordilleras from Caledonia Bay to !
Sassardi, and on their return the Ar 4 accurate map of
the Isthmus will be issued.