Custody of documents.

deposited for public inspection with the parish clerk of the parish affected. It will now be the duty of the clerk or chairman of the Parish Council in a parish with a Parish Council to receive and to Inspection. retain the custody of all such documents (7 Will. IV. & 1 Vict. c. 83, s. 1), and to permit them to be inspected and copied on payment of a fee of one shilling for the first hour, and one shilling for every subsequent hour, and sixpence for every hundred words copied by the person inspecting (s. 2).

Every County Council are directed from time to time to inquire Supervision by into the manner in which the public books, writings, papers, and County Council. documents under the control of the Parish Council or Parish

Meeting are kept with a view to the proper preservation thereof, and are required to make such orders as they think necessary for such preservation. Their orders must be complied with by the Parish Council or Parish Meeting (s. 17 (9)).

The previous subsections of section 17 concerning parish books and documents relate to a Parish Council, but this provision applies to books and documents under the control of the Parish Meeting as well as of the Parish Council. So far as a Parish Meeting are concerned, the books and documents under their control will be such as relate to their own proceedings and business.

An order of the County Council relating to the custody of parish documents does not require confirmation by the Local Government Board (s. 40).

documents.

Every parochial elector of a rural parish may, at all reasonable Inspection of times, without payment, inspect and take copies of and extracts from all books, accounts, and documents belonging to or under the control of the Parish Council of the parish or Parish Meeting (s. 58 (4)).

PAROCHIAL CHARITIES.

In connection with the control of the Parish Council over parochial property, it has been shown that the trustees of certain classes of property held for the benefit of the inhabitants of a rural parish may transfer the same to the Parish Council or their appointees' and it now remains to explain the further provisions of the Local Government Act, 1894, with respect to parochial charities.

schools.

Nothing in the Act is to affect the trusteeship, management, or Saving for control of any elementary school (s. 66), and therefore the following elementary observations will not apply to any charity of which the object is an elementary school.

1 See page 54.

2 An elementary school," except in the case of an evening school [Education Code, (1890) Act 1890 (53 & 54 Vict. c. 22) s, 1], means a school in which the principal part of the education given is elementary education. Whether it is a day or evening school, the ordinary fees must not exceed 9d a week [Elementary Education Act, 1870 (33 & 34 Vict. c. 75) s. 2; Local Government Act, 1894, s. 75 (2) ],

A "parochial charity" for the purpose of the Act means a charity, the benefits of which are or the separate distribution of the benefits of which is confined to inhabitants of a single parish, or of a single ancient ecclesiastical parish divided into two or more parishes, or of not more than five neighbouring parishes (s. 75 (2)). Where the benefits of a charity extend, or the separate distribution of the benefits extends to more than five civil parishes, the charity is not a parochial charity unless all the civil parishes are comprised within a single ancient ecclesiastical parish.

An "ecclesiastical charity" includes a charity, the endowment whereof is held for some one or more of the following purposes :(a) for any spiritual purpose which is a legal purpose; or

(b) for the benefit of any spiritual person or ecclesiastical officer as such; or

(c) for use, if a building, as a church, chapel, mission room, or Sunday school, or otherwise by any particular church or denomination; or

(d) for the maintenance, repair, or improvement of any such building as aforesaid, or for the maintenance of divine service therein; or

(e) otherwise for the benefit of any particular church or denomination, or of any members thereof as such.

It also includes any building which in the opinion of the Charity Commissioners has been erected or provided within forty years before the passing of the Act, namely, 5th March, 1894, mainly by or at the cost of members of any particular church or denomination (s. 75 (2)).

This definition is not exhaustive. It only states what the expression "ecclesiastical charity" includes. There may be ecclesiastical charities not covered by the enumerated purposes, but it is difficult to call to mind any such charities that would not be explicitly covered by the definition.

Where any endowment of a charity, other than a building held for any of the purposes mentioned in the definition of ecclesiastical charity, is held in part only for some of such purposes, the charity, so far as that endowment is concerned, is to be an ecclesiastical charity; and the Charity Commissioners are required, on application by any person interested, to make such provision for the apportionment and management of that endowment as seems to them necessary or expedient for giving effect to the Act (s. 75 (2)).

Under the expression "trustees" are included persons administering or managing any charity or recreation ground, or other property or thing in relation to which the word is used.1

See page 54.

Where overseers of a rural parish as such are, either alone or jointly with any other persons, trustees of any parochial charity, such number of the councillors of the parish or other persons, not exceeding the number of the overseer trustees, as the council may appoint, are to be trustees in their place. When the charity is not an ecclesiastical charity, this enactment is to apply as if the churchwardens as such were specified therein as well as the overseers (s. 14 (2)).

This provision will enable the Parish Council to appoint as trustees the fittest persons for the office, and thus prevent the question of the management of parochial charities in any way influencing the appointment of overseers. There is no necessary relation between the two offices of overseers and of trustees. So far as regards the appointment of trustees to replace the overseers, the provision applies to all charities, whether ecclesiastical or non-ecclesiastical, but so far as regards the appointment of trustees to replace the churchwardens the provision applies to non-ecclesiastical charities only. Although the persons appointed by the Parish Council are to be trustees in the place of the overseers as such, or churchwardens as such, the Parish Council do not seem prevented from appointing as trustees the same persons who happen to be overseers or churchwardens. They would be trustees by virtue not of their office but as appointees of the Parish Council.

Parochial
Charities.

Appointment of

trustees

beneficiaries.

Where the vestry of a rural parish were entitled, under the trusts Appointment of of a charity other than an ecclesiastical charity, to appoint any trustees or beneficiaries of the charity, the appointment is to be made by the Parish Council of the parish, or in the case of beneficiaries, by persons appointed by the Parish Council (s. 14 (4)).

trustees.

The ancient vestry will continue to exist for the exercise of any power of appointing trustees or beneficiaries of ecclesiastical charities. Where the governing body of a parochial charity other than an Appointment of ecclesiastical charity does not include any persons elected by the additional ratepayers or parochial electors or inhabitants of the parish, or appointed by the Parish Council or Parish Meeting, the Parish Council may appoint additional members of that governing body not exceeding the number allowed by the Charity Commissioners in each case; and if the management of any such charity is vested in a sole trustee, the number of trustees may, with the approval of the Charity Commissioners, be increased to three, one of whom may be nominated by such sole trustee and one by the Parish Council or Parish Meeting. Nothing in this provision is to prejudicially affect the power or authority of the Charity Commissioners, under any of the Acts relating to charities, to settle or alter schemes for the better administration of any charity (s. 14 (3)).

1

It is only in the case of a charity without any popular elective element on the board of trustees that the Parish Council may

See page 171, with respect to the application of this provision to boroughs and other urban districts.

Parochial Charities.

Appointment of additional trustees.

Term of office of trustees.

Parish divided by the Act.

Saving for recent charities.

Trustee to

receive no benefit.

appoint additional members of that body. The fact that the overseers or churchwardens are members of the board of trustees will not prejudice the power of the Parish Council to appoint additional trustees, as that power will vest in them as soon as they come into office, and the overseers then in office will have been appointed by the justices, and not by the Parish Council. If the parochial charity is for the benefit of more than one civil parish (s. 75 (2)), the appointment of additional trustees would have to be made by a joint committee of the Parish Councils concerned.1 So far as regards an appointment of additional trustees by a Parish Meeting that Meeting are empowered to appoint an additional trustee in the case only of a charity managed by a sole trustee, and the power to appoint will be subject to the Charity Commissioners approving an increase of the number of trustees to three.

The term of office of a trustee appointed under these provisions is to be four years, but of the trustees first appointed, one half, as nearly as may be, to be determined by lot, are to go out of office at the end of two years from the date of their appointment, but are to be eligible for re-appointment (s. 14 (7)).

Where a parish is divided by the Act, the County Council may by order provide for the application to different parts of that parish of the provisions with respect to the appointment of trustees or beneficiaries of a charity. The order will require the approval of the Charity Commissioners (s. 36 (3). It is by section 36 (10) to be deemed to be an order under section 57 of the Local Government Act, 1888;2 but it will not require confirmation by the Local Government Board (s. 40). Where a parish divided by the Act is wholly urban, the County Council could make no order with respect to charities, as the provisions of the Act relate only to rural parishes, subject to the power of the Local Government Board to confer on a Town Council or other body the powers of a Parish Council with respect to charities. Where any parish divided by the Act is only partly urban, an order of the County Council might apparently apportion the endowment, and deal with the appointment of trustees or beneficiaries as far as regards the new rural parish.

The provisions with respect to the appointment of trustees by the Parish Council or Parish Meeting, except so far as the appointment is transferred from the vestry, are not to apply to any charity until the expiration of forty years from the date of its foundation, or, in the case of a charity founded before the passing of the Act, namely 5th March, 1894, by a donor, or by several donors, any one of whom is living at the passing of the Act, until the expiration of forty years from the passing of the Act, unless with the consent of the surviving donor or donors (s. 14 (8)).

Whilst a person is trustee of a parochial charity he is not, nor is his wife or any of his children, to receive any benefit from the charity (s. 14 (9) ).

1 See page 137 as to Joint Committees.

2 See page 192. 3 See page 169.

Parochial

Charities.

The accounts of all parochial charities, not being ecclesiastical charities, are to be laid annually before the Parish Meeting of any parish affected thereby, and section 44 of the Charitable Trusts Accounts. Amendment Act, 1855 (18 & 19 Vict., c. 124), is to apply (Local Government Act, s. 14 (6) ).

The accounts which the trustees of every charity are required to make out, are an account of their gross income for the year, an account of all balances in hand at the commencement of the year and of receipts during the year, an account of all payments during the year, and an account of all monies owing to or from the charity. A copy of the accounts of parochial charities must within fourteen days after the day appointed under section 44 of the 18 & 19 Vict. c 124,1 for making out the accounts, be delivered to the chairman of the Parish Meeting, and be presented by him at the next General Parish Meeting, and a copy must be entered in the minutes of the last meeting. The names of the beneficiaries of dole charities are to be published annually in such form as the Parish Council, or, where there is no Parish Council, the Parish Meeting think fit (s. 14 (6)).

Names of benepublished.

ficiaries to be

The draft of every scheme relating to a charity, not being an ecclesi- Draft scheines. astical charity, which affects a rural parish is to be communicated, on or before the publication of the notice of the proposal to make an order for such scheme, in accordance with section 6 of the Charitable Trusts Act, 1860 (23 & 24 Vict. c. 136), to the Council of the parish, and where there is no Parish Council to the chairman of the Parish Meeting. In the case of a Parish Council, the Council may, subject to the provisions of this Act with respect to restrictions on expenditure, and to the consent of the Parish Meeting, either support or oppose the scheme, and for that purpose the Council are to have the same right as any inhabitants of a place directly affected by the scheme (Local Government Act, 1894, s. 14 (5)).

No order establishing a scheme for the administration of any charity is to be made by the Charity Commissioners before the expiration of one calendar month after public notice of the proposal to make the order has been given. The Charity Commissioners are to receive and consider all objections and suggestions relating to the order, and they may withhold, suspend, or modify their proposed order as they shall thereupon, or in the result of further inquiry or otherwise, think expedient (23 & 24 Vict. c. 136, s. 6). An appeal against an order of the Charity Commissioners establishing a scheme for the administration of a charity may be made, within three months of the definitive

1 Section 44 of the Act of 1855 is reprinted in full at page 253 of the Appendix. 2 According to Coke on Littleton "dole" is the "share of any man in a lot meadow or common meadow which is divided yearly and distributed by lots among the owners." The rent or produce of "dole charities" is distributed among the recipients of the charity.

3 See page 69.