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ritable foundation, it must be distinctly understood that the terms of the Act entitle every Parish that is specifically interested in any charity, to a copy of the statement of accounts.*

For whatever evils had existed in the management or application of Parish Charities, the true remedy was simple. It was, to declare the illegality, in all respects, of the unmeaning and inconsistent technical rule which has been shown to have been the source of all the mischief; to declare the Parish Officers for the time being to be those in whom the legal title to all Parish Properties is absolutely vested; to insist on their thorough responsibility to the Parish for the mode of dealing with these; and to put every inducement before the Parish to enforce that responsibility.+

The following is the section referred to (18 & 19 Vict. c. 124, s. 44). "The Trustees or Administrators of every charity shall, on or before the twenty-fifth day of March in every year, or such other day as may be fixed for that purpose by the Board, or as may have been already fixed for rendering the accounts thereof required by the principal Act, prepare and make out the following accounts in relation thereto : (that is to say,)

(1.) An account of the gross income arising from the endowment, or which ought to have arisen therefrom during the year ending on the thirty-first day of December then last, or on such other day as may have been appointed for this purpose by the Board:

(2.) An account of all balances in hand at the commencement of the year, and of all moneys received during the same year on account of the charity:

(3.) An account for the same period of all payments :

(4.) An account of all moneys owing to or from the charity, so far as conveniently may be ;

Which accounts shall be certified under the hand of one or more of the said Trustees or Administrators, and shall be audited by the auditor of the charity, if any; and the said Trustees or Administrators shall, within fourteen days after the day appointed for making out such accounts, deliver or transmit a copy thereof to the Commissioners at their office in London, and in the case of Parochial Charities shall deliver another copy thereof to the Churchwarden or Churchwardens of the parish or parishes with which the objects of such charities are identified, who shall present the same at the next General Meeting of the Vestry of such parishes, and insert a copy thereof in the Minutes of the Vestry book; and every such copy shall be open to the inspection of all persons at all seasonable hours, subject to such regulations as to the said Board may seem fit; and any person may require a copy of every such account or of any part thereof, on paying therefor after the rate of two-pence for every seventy-two words or figures."

The "auditor of the Charity" will, in the case of any Parish Charity, be the Audit Committee named before, pp. 183-185.

In a Petition presented by the author of these pages to the House of Lords on this subject in 1853, it was suggested that what was needed was,

PRACTICAL REMEDIES AND PROCEEDINGS.

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Remaining, however, as the Trustee system in fact does, unabated in any of its actual or contingent evils,-but with these, on the contrary, put in danger of being much increased through late legislation the proper course of every parish is, carefully and continually to insist upon the assertion, by the Churchwardens and Overseers, of that title which the 59th Geo. III. c. 12, s. 17, vests in them;-and to require the regular responsibility and annual account to the parish, by all Officers and all Trustees, as to all receipts, expenditure, and application of the proceeds, of such charities.* It must be insisted on that all Trustees who are still allowed to act, shall be held precisely in the same position, as regards responsibility, as the Parish Officers whom the existence of an unmeaning technical rule has alone led to be in any case superseded, on this one matter, by the Trustee system. Regular accounts, and audit of accounts, should be rigidly enforced. If the Parish thus fulfil its duties, the mischiefs that would otherwise arise will, to a great extent, be averted; the abortive provisions of the "Charitable Trusts Act" will be of no consequence. It requires but honesty and firmness and self-respect to secure the due administration of Parish Charities. No Statute can secure this, unless-removing obstacles and mischiefs that have grown up-the moral dignity and responsibility of the parishioners are the means appealed to and relied on. Long before any "Charitable Trusts Act" such an enactment as "shall vest the full legal title to the property of all Parish Charities in the Churchwardens of the respective parishes, ex officio; and as shall secure the full responsibility of such Churchwardens, or of any others in whom may at any time be vested the legal estate in any property, as Trustees for any Charity identified with any Parish, to the public Vestry of each respective Parish; and as shall secure to such Vestry the full opportunity of deliberation, and shall require its special summons for that purpose, and its assent, as necessary preliminaries to any proposition or alteration as to the mode of application, disposition, or appropriation of the estate, funds, or proceeds of any charity or foundation which shall have been given or shall exist for the benefit of the inhabitants, or of any persons or class of persons, in any parish in England or Wales; and as shall maintain and promote the full and efficient action of all Vestries in this behalf."

* See before, Chap. III. Sec. 9, of Auditors. The enactment already named, made in conformity with the suggestions in the first edition of this work, enables this to be now done under the immediate terms of the Act of the 18 & 19 Vict. c. 124, s. 44, which will be enforced by the Court of Queen's Bench on application in the name of the Churchwardens of any Parish.

+ It was well said in Pears v. Green, 1 Jacob & Walker 140, that the "being constantly ready with their accounts," is the "first duty" of trustees.

was thought of, sound action had been taken on this matter by Parishes whose inhabitants were influenced by such a spirit and such motives. The following extracts from actual Minutes of Vestry, of which a multitude more might be quoted, are practical examples of this. All the sixty-eight sections of the "Charitable Trusts Act, 1853," are of less point and value than any one of these Parish Bye-Laws.*

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Ordered, That a Book be provided, to insert an account of all Estates and Gifts belonging to this Parish, under the proper heads of Debtor and Creditor." (1787.)

"That the Vestry Clerk revise and correct the table of gifts. and legacies of pious and charitable benefactions left to the Parish of Hornsey; and that 500 copies of these be printed for the use of the parishioners." (1787.)

"That the Vestry Clerk do, on or before the 5th of January, require every Trustee or Trustees of any Parish Estate or Charity to deliver their accounts up, made up to the 31st of December; and that a Book be kept for the entry of such accounts." (1821.)

"That the Vestry Clerk do write to Mr. [a Trustee], and inform him that the Vestry alone has the right of filling up any vacancy that may arise in any of the Parish Cottages." (1831.)

And the following illustrates, as well the inconveniences of the Trustee system, as the proper care to be taken to provide against such inconveniences. At the same time, it provides against any attempt at action by Trustees, independent of the Vestry.

"Whereas inconveniences have arisen, and expenses have been incurred, through the want of regularity in the surrendering and taking up of Estates held by copy of Court Roll, and belonging to this Parish:

"Resolved: That in future, when the number of Trustees for any estate belonging to the Parish shall be reduced to one, by death or non-residence in the Parish, the then remaining Trustee shall, at the ensuing court, surrender such Estate unto proper Trustees, appointed by Vestry,† to be admitted to the same." (1792.)

Since the last date, the above-named Statute of 59 Geo. III

* These extracts are from the Minutes of Vestry of the Parish of Hornsey, Middlesex. † See before, p. 272, note †.

PARISH BYE-LAWS THEREON.

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c. 12, has been enacted. The wise course will now, therefore, always be, to appoint no more trustees in such a case; but, on every such failure of trustees, to let the estate vest, in accordance with that Statute, in the Churchwardens and Overseers, to hold the same, in the nature of a Body corporate, on behalf of the Parish. And this event of failure of Trustees may be, at any time, anticipated, by the estate being formally assigned to these officers, under order of Vestry, by any existing Trustees. Thus the narrow constructions attempted to be put upon the Act, need not, in any case, interfere with its being made practically available.

CHAPTER VI.

THE POSITION OF THE PARSON OR MINISTER IN RESPECT TO THE AFFAIRS OF THE PARISH.

IN treating of the Parish, as a secular Institution, it is necessary to include a notice of the Minister, though he is not, usually, elected by the Parish. There are two reasons requiring this notice. The first is, that some functions relating to matters of secular interest have, in fact, been assigned to the Minister. The second is, because his actual position in the Parish is commonly very much misunderstood and strangely misrepresented; whence many and most grave ill consequences have arisen, and are continually arising. These consequences not only affect the character of the Church, as a religious establishment, and the estimation in which it and its ministers are held: they also affect the secular concerns of every Parish.

The original intention of the endowments of the Church has been already shown.* It has been seen that this intention, so far from being narrow-minded and exclusive, was large-minded and one of thorough charity. It was, to provide that there should be no place in which there was not some one present, to remind men, continually, that there are duties attaching to every man which are other than selfish. It is difficult to see how any one who understands the origin of the religious foundations attached to every parish, can, although he may differ in matters of faith or opinion on special points, do other than, at the least, respect the principle of some provision of this nature being thus secured. No two minds are constituted precisely alike. Therefore, while whatever provision is thus made must practically take some special form, differences will necessarily grow up, where many think and exchange thought, on matters of

* See before, Chap. I. p. 28, etc.; and see further, the Quotations after, p. 308, note.

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