§ MR. JOHN HOLLONDasked Mr. Attorney General, Whether he is aware that several of the Boards of Trustees of the Parochial Charities of the City of London have inquired of the Charity Commissioners whether they can sanction the application of the funds of their charities to the purpose of opposing the Public Bill which has been brought into the House dealing with these charities, and promoting the Private Bill brought in for a similar purpose, and that the Charity Commissioners have replied that they consider any such application of charitable funds to be illegal; whether he is aware that, in spite of their reply, certain Boards of Trustees in the City 670 of London are now making contributions out of the charitable funds under their management for the above-mentioned purpose; and, whether, under these circumstances, he will consider the propriety of taking legal steps to have these Boards of Trustees restrained from such a misapplication of trust funds?
§ THE ATTORNEY GENERAL (Sir HENRY JAMES)Sir, my attention has only been called to the Question this morning; and I have, therefore, had very little opportunity of making inquiry. I understand that application was made to the Charity Commissioners that they would enable certain Trustees to spend money in opposing or promoting certain Bills, and the Charity Commissioners expressed the opinion that the expenditure for such a purpose would be illegal. They have received a communication from the solicitor to one of the Charities to the effect that, in the opinion of eminent counsel, such expenditure would be legal. My own opinion is in accordance with the decision of Lord Eldon in 1826, who decided that the expenditure of Charity funds in promoting Private Bills which are not afterwards passed into law is illegal. If the Charity Commissioners ask my advice, of course the matter shall be fully considered.