« AnteriorContinuar »
IGNORANCE OF THE EXISTENCE OF
Some irregularity has occurred in the disposition of a few of the bequests, which may fairly be attributed to the ignorance that prevailed, as to the existence of such Charities,--or the parties not being aware of the precise nature of the endowments, until the investigation of The Commissioners was instituted.1
Judging, however, of the prodigious number, and the variety of the Charities, it is rather a matter of astonishment that so few deviations have been committed, than that misapplication should have prevailed. And in many places where The Commissioners have suggested to the Parish Officers, that the property bequeathed has not been applied in the manner and
Rep. II. pp. 34, 53.-Rep. III. pp. 66, 86, 189, 246, 254, 255.-Rep. v. p. 84.
according to the intention of the testators, they have had the great satisfaction to state, that very shortly after their inquiries took place, Vestries were called for the express purpose of taking their suggestions into consideration, when the Parishioners unanimously entered into several Resolutions, by which, they hope, a correct distribution of those Charities will be secured for the future.?
Rep. iv. p. 112.- Rep. v. p. 154.-Rep. VIII. p. 84. -Rep. xl. p. 483.-Rep. XIV. p. 476.
COURT OF EQUITY.
In the year 1819, when it was thought expedient that the provisions of the Act, under which The Commissioners were first appointed, should be extended to other Charities and Trusts created for Charitable uses or purposes,- it was at the same time deemed expedient by the Legislature, that additional facilities should be afforded for applications to the Courts of Equity regarding the management of Estates or Funds appropriated to Charitable purposes. And an Act of the 59° Geo. III. c. 91., received the Royal Assent on the 12th of July, 1819,-by which it is ordained, that if any Case shall arise in which it shall appear to The Commissioners, that the directions of a Court of Equity are requisite, they may certify the particulars thereof to His Majesty's Attorney General, who, if he shall so think fit, may apply to or commence a Suit in The High Court of Chancery, or The Court of Exchequer, praying such relief as the nature of the Case may require. In
pursuance of this authority ONE HUNDRED CASES have been submitted to the consideration of His Majesty's Attorney General.
It is, however, proper to remark, that all these Cases do not absolutely certify abuse or misconduct,— but occasionally require only the directions of The Court, in what manner The Trustees shall in future deal with the Charitable Funds under their care.
SUBSIDIES, AND FIFTEENTHS.
The Taxes, which are raised
the Subject, according to Judge BLACKSTONE, are either annual or perpetual. The usual annual Taxes are those upon Land and Malt.
The Land Tax, in it's modern shape, has superseded all the former methods of rating either property or persons in respect of their property, whether by Tenths or Fifteenths, Subsidies on Land, Hydages, Scutages, or Talliages,-a short explication of which will, however, greatly assist us in understanding our antient Laws and History.
Tenths, and Fifteenths, were temporary aids issuing out of personal property, and granted to the King by Parliament. They were formerly the real Tenth or Fifteenth part of all the moveables belonging to the Subject; when such moveables, or per
Commentaries, edited by Archbold, vol. i. p. 308.