HC Deb 27 July 1860 vol 160 cc334-6

Order for Second Reading read.

MR. LOWE

moved the second reading of this Bill, the object of which, he said, was to do away with the expenses incurred by charities for the administrative relief received from the Court of Chancery and other tribunals. A public charity, unlike other institutions, constantly required some assistance from courts of law. Endowed with perpetuity, it had a tendency to fall into disorder, unless corrected by some power outside itself. Since 1853 that duty had been performed by the Court of Chancery, the County Courts, and the Court of Bankruptcy. The County Courts and the Court of Bankruptcy were put in motion by the Board of Charity Commissioners, and their jurisdiction extended to the sum of £30. Above that amount the jurisdiction was placed in the Court of Chancery. The three main provisions of the Bill were—first, to raise the jurisdiction exercised by the County Courts from £30 to £50; secondly, to give the Charity Commissioners power to give the same relief as County Courts up to £50; and, thirdly, to enable the same parties to administer equitable relief above £50, but only on application by at least a majority of the trustees.

Motion made, and Question proposed, "That the Bill be now read a second time."

MR. ROLT

said, he wished to remark that between £500,000 and £1,000,000 of the money belonging to charities had accumulated in the hands of the charitable Commissioners since the passing of the Act by which they were appointed. That money had been taken charge of without any remuneration, and therefore without any responsibility. He would suggest to the right hon. Gentleman that some person should be appointed with a salary to take charge of the money belonging to these charities.

SIR CHARLES DOUGLAS

said, it was extremely desirable to give the charities full opportunity of considering the provisions of this Bill.

MR. KNIGHT

said, that the Bill contained a principle to which the House had on various occasions refused to give its assent. It gave the Board of Charity Commissioners absolute power to turn out all or any of the trustees of the small charities in the kingdom, without any public inquiry. The Charity Commissioners were struggling to obtain a great and irresponsible power, and he moved that the Bill be read a second time that day three months.

Amendment proposed, to leave out the word "now," and at the end of the Question to add the words "upon this day three months."

COLONEL STUART

seconded the Amendment, and expressed his dissatisfaction with the character of the Bill.

VISCOUNT GALWAY

said, he should support the Bill on the principle of giving the Charity Commissioners something to do. The charities of the kingdom would be in quite as good hands when in theirs as in the hands of the Attorney General and the Court of Chancery.

Question, "That the word 'now' stand part of the Question."

Put, and agreed to.

Bill read 2o, and committed.

Considered in Committee, and reported, with Amendments; to be printed, as amended [Bill 300]; re-committed for Thursday next, at Twelve of the clock.

House adjourned at Two o'clock till Monday next.