HC Deb 31 July 1874 vol 221 cc1035-6
MR. HAYTER

asked Mr. Attorney General, Whether it is true that he has proposed a scheme for the regulation of Saint John's Hospital, Bath, containing the following Clause:—The trustees of the charity shall consist of such of the trustees for the time being appointed by the Lord High Chancellor under the provisions of the fifth and sixth Victoria, chapter seventy six, to be trustees of the Municipal Charities vested in the Corporation of the city of Bath as shall be members of the Church of England, who shall be ex-officio members of the charity. No trustee shall act in the ad-ministration of the charity until he shall have signed a memorandum to the effect that he is a member of the Church of England and is willing to undertake the trust as regulated by the scheme; whether he is aware that Nonconformists have hitherto acted as trustees of the said charity; and, whether, in face of the opposition that has been expressed by the citizens of Bath in public meeting assembled, and also by the present trustees, to the proposed scheme, he purposes to ask for its approval by the Court of Chancery?

THE ATTORNEY GENERAL

Sir, under the certificate of the Charity Commissioners, proceedings have been taken and are now pending in the Court of Chancery for the purpose of having a proper scheme prepared for the future administration of the charity known as St. John's Hospital, Bath. I may mention that the charity is not educational, but eleemosynary. In the ordinary course of proceedings, a scheme was prepared and brought in by one of my Predecessors, and until the last few days I have had no personal cognizance of the matter. I have, however, ascertained from inquiries which I have made this morning that the scheme brought in contains a clause, in the terms mentioned in the Question of the hon. Member—namely— That no trustee shall act in the administration of the charity until he shall have signed a memorandum to the effect that he is a member of the Church of England, and is willing to undertake the trust as regulated by the scheme. Such clause has been the subject of discussion in the chambers of the Judge to whose branch of the Court the cause is attached, and the municipal trustees of Bath, who are parties to the suit, have raised several objections to the clause I have just referred to, and among others they have objected to the provision requiring the trustees to be members of the Church of England. The Papers are now before me in my official capacity to consider the objections so raised, and it will be my duty either to yield to the objections so made by the municipal trustees, or to adhere to the original proposal of my Predecessor, as in my judgment I shall deem proper. In so doing, it will be my duty to have regard to all the circumstances of the case and to the authorities upon the subject; but, whatever view I may take, the whole question will have to be eventually determined by the Judge. As regards the Question of my hon. Friend, whether, in the face of the opposition of the citizens of Bath, I propose to ask the Court of Chancery to approve of the scheme, he must not consider me as wanting in courtesy if I decline to state by anticipation what course I may think it proper to pursue in the discharge of the duties of my official position.