CHAPTER X. OF CHARITABLE DONATIONS IN GENERAL, AND THE universality of charitable gifts in this country is of an amount almost incalculable, even of those which are known and may be found upon record; there is not a county, nor a parish, nor a ward, nor a corporation of city, or town, or borough, nor a company chartered in ancient times for the preservation and encouragement of trade and manufacture, and numberless other institutions, which have not either from their own funds, or by the will or deed of investment of some of their members, become trustees for the distribution of alms, or for the establishment of relief in various modes of charity. The legislature, so lately as in 1786, thought it expe- 26 G. 3. c. 58. dient to have a general inspection of these funds; and therefore as they had directed enquiries to be made into the state and condition of the poor, passed an act to enable them to procure information, upon oath, of the several charitable donations for the use and benefit of poor persons. The ministers and churchwardens of parishes were directed to deliver returns, on oath, to the justices at a meeting to be appointed by them, on receipt of copies of the act from the high constables, under a penalty for their neglect. These returns were ordered to be transmitted by the clerks of the peace to the clerk of of the parliament. The act to be read at the Midsummer quarter sessions, and in every parish church on Sunday next after July 31, 1786. Persons not making a discovery of lands or money in their hands left for charitable purposes prior to 30th Sept. 1786, were to forfeit a sum equal to one-half of the value thereof, to be divided between the informer and the crown, and to be recovered by distress and sale, one moiety to be paid to the informer, and the other to be applied in aid of the rates. Persons making false oaths liable to the pains of corrupt perjury. Fees for returns to clerk of the peace, Is.; high constable, 1s. 6d.; Justice's clerk, 6d. Questions in the schedule, to which answers are to be returned. 1st. That charitable donations have been given by deed or will, for the benefit of poor persons within your parish [or place]; by whom, when, in what manner, and for what particular purpose were they given to the best of your knowledge, information, and belief? 2d. Were the said respective donations in land or money; in whom are they now vested, and what is the annual produce thereof respectively, to the best of your knowledge, information, and belief? Very few returns have ever been made pursuant to this statute; and it has been alleged, that many donations for charitable purposes in several parts of the country have been lost, and others, from neglect of payment and the inattention of those whose duty it was to superintend them, have been in danger of loss, and which it has now become very difficult to recover and preserve. A bill has lately been introduced into the house of commons to remedy this evil, by a registry of all charitable gifts by will or otherwise; but the further consideration of its progress gress and regulations has been necessarily postponed until a future session; it may be therefore sufficient to observe here, that every measure of expence, trouble, and delay in the execution of charitable trusts should be carefully avoided; and that as there are already two registries of every will, one in the diocese and the other at the stamp-office, it is presumed, that all the 'purposes of the regulations proposed would be answered by an act which should be declaratory of the duty of all executors and trustees, under considerable penalties, to give immediate notice, in writing, to all legatees and cestuys que trust of any legacy bequeathed to them. CHAP. CHAP. XI. Atk. 320. Atty. v. Bucknal, 174!. 2 Ves. 328. 1 Ves 72. Atty. v. Smart. 1747. 1 Atk. 355. Atty v. Jeanes. 1737. Born. v.Jackson Comberb. 93. PRACTICAL NOTES. In addition to what the student will have met with in his perusal of the foregoing pages, the following notes may assist his practical studies. As to parties in an information for charity, any persons, though they may be the most remote in the contemplation of the charity, may be relators. Where a charity is not incorporated, the information for relief is not to be dismissed, though the relief prayed fail; otherwise, if it be incorporated by charter. This shews peculiar favour and protection to charities, supposing them to require protection, more if they be not incorporated than when they are thereby become creatures of the state. The general rule that an information for a charity is not to be dismissed, but that there must be a decree to establish it, holds only in cases of private charity, and not where they are founded by the crown. And the court will give proper directions relative to a charity, notwithstanding any impropriety in the prayer of an information. A prohibition lies from the King's Bench on a libel 4 Ja. 2 B. R. in the Spiritual Court, for shutting and locking up a chapel that belonged to an alms-house, where 101. a year was granted to the parson for reading prayers; for the parson may have an action on the case for the temporal loss of the 101. if he does not read, and he cannot read if the chapel be shut up. 7 W. 3 B. R. So a prohibition lies against a libel, as to the examina- Wood v. Hill. tion of any matters relating to the office of school-master; Comberb. 324. for when the bishop has once granted his license, he has executed his authority, especially in this case, where the school was of the foundation of Queen Eliz. and the king's chancellor was visitor; but they may proceed upon the article against him for being drunk, &c. which is contra bonos mores. In an early case previous to the statute, a sum was be- Atty. v. La queathed to be laid out in land, in trust for a tenant for Roche, 1725. life, with remainders in tail, and remainder over to a charity. Upon the death of the tenant in tail his widow pretended pregnancy, and the master of the rolls directed the master to appoint two midwives, who should resort to the widow, search her, and see whether she was pregnant or not, and attend at the birth. The widow afterwards seeing there must be a discovery, acknowledged before the master that she was not pregnant, whereby the charity was preserved. It was the practice at that time to petition for a writ de ventre inspiciendo. 2 P. W. 501. ners. 11 Ann. tin. The true way for an university (and by parity of rea- Pern v. Mansoning, any other corporation having an exclusive juris- Fortes. 158. diction) claiming conusance, is by letter of attorney from 2 Ld. Ray, 1339. the university to claim it, and bringing the charter into Newton v. Marcourt, and the exemplification of the statute which con- Fortesque, 290. firms the privileges, to proceed according to the civil law; which the king by his letters- patent could not do: and this may be claimed any time in the same term as the declaration. The warrant of attorney is first read, then the claim, then the charter, and an exemplification of the statute confirming the privileges; and the declaration is then produced, and afterwards the whole entered on the roll and carried in. Lord Hardwicke said, a commission under 43 Eliz. c. 4. Ilchester Case, 11 G. 2. 1738. may MSS. |