George Steele, Appellant; John Alleyne Bosworth, Respondent
| Jurisdiction | England & Wales |
| Judgment Date | 18 November 1864 |
| Date | 18 November 1864 |
| Court | Court of Common Pleas |
English Reports Citation: 144 E.R. 347
IN THE COURT OF COMMON PLEAS AND IN THE EXCHEQUER CHAMBER
S. C. H. & P. 106; 34 L. J. C. P. 57; 11 L. T. 507; 10 Jur. N. S. 1239; 13 W. R. 260. See Simey v. Marshall, 1872, L. R. 8 C. P. 278.
[22] county of leicester.-northern division. geokge steele, Appellant; john alleyne bosworth, Respondent. Nov. 18th, 1864. [S. C, H. & P. 106 ò 34 L. J. C. P. 57; 11 L. T. 507; 10 Jur, N. S. 1239; 13 W. R. 260. See Simey v. Marshall, 1872, L. R. S C. P. 278.] In 1692, the Earl of Rutland founded a hospital at Bottesford for fourteen poor men; and by a deed oi 1762 the lands belonging thereto were vested in trustees, in trust ò to permijt the reetors for the time being of two parishes named to receive the tents and profits, and thereout pay to each of the fourteen inmates certain periodical sums (in! the whole amounting to 61. 12s. 8d. per annum), and to expend upon jthem certain Other sums in clothing, coals, medical and other attendance, &c. Sino|e the year 17TJ8, the trustees had been in the habit of allowing the surplus revenue to be diatrjbuted amongst the iiimatea of the hospital, so that each had down to the present time been in the receipt of 9s 2d. per week, exclusive of the allowance for clothing, &c.: but there appeared nothing in the deed of 1762 to warrant this increased allowance:-Held, that the inmates had not any equitable freehold estate 348 STEELE V. BOSWORTH 18 C. B. (N. 8.) 23. or interest in the lands belonging to the hospital, so as to entitle them to be registered for the county. At a court; held to revise the lists of voters for the northern division of the county of Leicester, at Bottesford, John Alleyne Boaworth duly objected to George Steele as not having been entitled on the last day of July, 1864, to have his name retained upon the list of voters for the parish of Bottesford, in the said division. 1. The name of George Steele stood on the copy of the register of the said pariah as follows:- ClirUtian and surname i tit' abode. Xiitiirc nf qualification. Htruet, larin, &C., whrie the property is situate, &c., or name of the property, it": kimuu by auy, &c. ; Steele, George. Hottesforcl. Freehold I interest in j laud. 2. It was proved in evidence before the revising-barrister, that George Steele was an inmate of the Bottesford Hospital for men, in the samo parish, founded by the Earl of Rutland in or about the year 1692, which from time to time was augmented until the year 1762, when certain lands and tenements in Bottesford, Muston, Abkettleby, Holwell, and Long Clawson, were re conveyed to certain trustees therein named, and which conveyance,-after reciting that the rents of premises comprised in certain indentures [23] therein recited had for some time been found sufficient for the support of fourteen poor people, and the aaid Duke being desirous to extend the said charity to the; maintenance of two other poor persons, had directed two more to be added to the twelve poor people already provided for out of the revenues of the said hospital,^deolared that the said trustees should stand possessed of the said lands and tenements, upon the following trusts, that is to say, "In trust that they the said trustees and the survivors and survivor of them should permit and suffer the rectors of the rectories of Bottesford and H;irly, respectively, for ever, to receive and take the rents and profits of all and singular the said messuages, lands, and premises thereby respectively granted, bargained, and sold, as often as the same should become due and payable, to the intent and purpose that they the said rectors and their successors, or the rectors for the time being of Bottesford and Harly aforesaid, respectively, for ever, should and would by and out of the said I'ents and profits pay and distribute to the fourteen poor men who then were or thereafter should be legally and rightfully admitted into arid placed in the said hospital, that is to say, to each and every of them once in every month the sum of 10s. 8d. of current British money, and also the sum of 6d. to each and every of the said poor men at four several times in the year, namely, at Easter, Whitsuntide, Bottesford Feast, and Christmas, for pye-money; and also the sum of lOd. to each and every of the said poor men in December every year, for and in lieu of capon-money; and also in February and August, yearly to every of the said poor men fid. a time for buying them salt; and also to every of them the aaid poor men the sum of lOd. in September yearly for the finding them with candles; and also the sum of Is. 6d. every month to the fire-maker for the making each of [24] the said poor men's fires; and also the sum of ." 0s. for each and every of the said poor,men in April yearly for the providing every of them a suit of clothes, aud to each afid every of them a good cloth gown and making at Easter every oth;er or Second yea('; and also the sum of 6s. 8d. a man to the laundress for washing each po r man, at }_,ady-day and Michaelmas yearly, by even and equal portions; and also, out of the sajd rents, to find and provide for each of the said poor men 20 cwt. of hard coals to ;be laid in yearly in the month of May ; and also thereout from time 'to time and at all times thereafter to find and provide all necessary and reasonable beds and bedding, household goods, and other necessary utensils, for the use and benefit of the said poor men, but at the discretion of the said trustees parties to these presents; and should maintain, repair, and...
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