HC Deb 21 August 1860 vol 160 cc1632-4

Order for Committee read.

House in Committee.

(In the Committee.)

Clauses 1 to 17 agreed to.

Clause 18 withdrawn.

Claushes 19 and 20 agreed to.

Clause 21 (The Salary of the Secretary).


drew attention to the duties which were discharged by the Inspectors under the Charitable Commission, and suggested that an increase should be made in their salaries.


declined to have any increase of salary which might be given to the Inspectors paid out of the Consolidated Fund. He did not think that the public purse should be charged for such purposes.


said, that there ought to be a clause proposed to give compensation to the inspectors to a limited amount, such compensation to be raised out of the trust funds committed to their charge; and for this reason, that the inspectors had thrown upon them a very great and onerous duty which was never contemplated when they accepted their present offices. The Bill of 1853 did not contemplate any such duty. He therefore approved of having a clause to this effect brought up on the Report. The inspectors would thus have £200 a year added to their income.


suggested that the whole subject of expense created by the Bill, should be brought before the House next Session by the Chancellor of the Exchequer.

On the Motion of Mr. LOWE the following Clauses were added to the Bill:— There shall be paid to each of the official trustees of charitable funds appointed by the Lord Chancellor, in pursuance of the first or secondly recited Act, such a salary, not exceeding the annual sum of pounds, as shall from time to time be allowed by the Commissioners of Her Majesty's Treasury. No official trustee of charitable funds, appointed under or in pursuance of the first or secondly recited Act, shall be chargeable with or accountable for any loss or misapplication of the said charitable funds, or the dividends, interest, or income thereof, unless the same shall have been occasioned by or through his own wilful neglect or default. This Act may be cited for all purposes by the short title of 'The Charitable Trusts Act, 1860.'


moved the insertion of a clause requiring the official trustees of charitable funds to lay before Parliament annually an account of the capital, stock, shares, and securities transferred to them during the previous year, and of the investment or re-transfer of the same.

Clause agreed to.

Remaining clauses agreed to.


moved a new clause which would have the effect of giving the Commissioners power to appoint an inspector auditor in certain cases.


opposed the clause.

Clause (Power to appoint Auditor in certain cases,) brought up and read 1°.

Question put, "That the Clause be read a second time."

The Committee divided:—Ayes 6; Noes 43: Majority 37.

Question that the Preamble be agreed to,


expressed his thanks to the right hon. Gentleman for the Bill, which he thought would be very useful. At the same time, he could not but regret that some clauses had not been inserted to prevent fruitless litigation, in consequence of the decision of the Lords Justices in the Ilminster School case. Speculative lawyers were encouraged to take up cases, the costs being paid out of the trust, so that by-and-bye there would be no trust to administer. He hoped some Bill would be introduced next Session which might prevent such litigation.

Preamble agreed to.

House resumed.

Bill reported, with Amendments; as amended, to be considered To-morrow, and to be printed. [Bill 331.]