Henry Smith, Appellant; William Hall, Respondent
| Jurisdiction | England & Wales |
| Judgment Date | 17 November 1863 |
| Date | 17 November 1863 |
| Court | Court of Common Pleas |
English Reports Citation: 143 E.R. 874
IN THE COURT OF COMMON PLEAS AND IN THE EXCHEQUER CHAMBER
S. C. 33 L. J. C. P. 59; Hop. & Ph. 11; 9 L. T. 413; 9 Jur. N. S. 1340; 12 W. R. 172. Principle applied, Harrison v. Carter, 1876, 2 C. P. D. 35. Adopted, Cowen v. Kingston-upon-Hull (Town Clerk), [1897] 1 Q. B. 280.
borough of sandwich. henky smith, AppelUvnt; william hall, Respondent. Nov. 17th, 18H3. [H. C. 33 L. J. 0. P. 59 ; Hop. & Ph. 11; 9 L. T. 413 ; 9 Jur. N. S. 1340; 12 W. II. 172. Principle applied, Hamxon v. Curler, 1876, 2 C. P. D. 35. Adopted, Cowen v. Kingxton-ujiun-Hutt (Tmvu Cleric), [1897J 1 (j. B. 280.] Freemen of the borough of Sandwich, entitled as such to be registered, are not disqualified, as recipients of alms within the 30th section of the '1 W. 4, c 45, by reason of their being members or brethren of the hospitals of St. Bartholomew and St. John in that borough, which hospitals are by repute corporations by prescription, having property consisting of landed estates and houses,-the income arising from the former being distributable annually (by the charity trustees, in whom the appointment to vacancies is vested,) in equal proportions among the brethren, to each of whom is assigned a house to live in, which is to be kept in repair by him,- the possession of the house and the receipt of the share of the revenues by them being matter of right, and not of an eleemosynary character. At a court held for the revision of the lists of voters for the borough of Sandwich, Thomas Bowers, James Wyburn, Francis Crosier, James .Dennis, Daniel Deverson, Henry Ewell, Valentine Hoile, Kdward Longley, John Grey Manning, William Nele, 15 C. B. N. 8.) W SMITH V. HALL 875 John Spicer, and John Valder, on the list of freemen entitled to [486] vote for members of parliament for the borough of Sandwich, wore duly objected to by Charles Powell, on the ground that all the several persons before named were disqualified from being registered by the 36th section of the 2 W. 4, c. 45, which enacts " that no person shall be entitled to be registered in any year as a voter in the election of a, member or members to serve in any future parliament for any city or borough, who shall within twelve calendar months next previous to the last day of July in such year have received parochial relief or other alms which by the law of parliament now disqualify from voting in the election of members to serve in parliament." It was proved before the revising-barrister that all the before named persons were brethren either of the Hospital of St. Bartholomew or of the Hospital of St. John, in tie town of Sandwich, and had been recipients of the gratuities and other benefits by law belonging to such brethren, for more than twelve calendar months next previous to the last day of July, 1863. It was also proved that the said two hospitals of St. Bartholomew and St. John arc identical in their constitution and management, and are both under the government of the charity-trustees appointed by the Lord Chancellor1. It was further proved that each of the said hospitals is by repute a corporation by prescription, and that the property of the same consists in landed estates and houses; the income arising from the former being divisible annually among the brethren in equal proportions, and a house being assigned to each of the brethren wherein to live. These houses are an aggregation of small buildings, and each is kept in repair by the brother who lives in it. The right of appointment of brethren to the said hospitals is vested in the al ove-mentioned charity-trustees. [487] No instance was cited of any brother once appointed having been turned out of either of the said hospitals. There is no deed or document accurately defining the qualifications of the fiersons who are to be appointed brethren. But it was proved that, in 101 2, the mayor and jurats of Sandwich had the management of the hospitals, and that at that time an ordinance was made by them that " every person placed in the hospitals should be of the age of fsrty years or thereabouts, except always decayed jurats, or any lame, blind, Or impotent person." And by an Inquisition of charitable uses taken September 7th, 6 Car. 1, it was found that the brethren ought to be "above the age of fifty, except lame, blind, or impotent persons, and unfit for husbandry, and should be inhabitants of the said town, or a child of some of them, or late inhabitant having no competent means to live." It was proved that this latter regulation as to the qualifications for brethren is that which is now and has been for some time past in force; and that, in addition thereto, by a resolution of the charity-trustees lately passed, no person is eligible to be a brother under the age of fifty-six years. The brethren of the said hospitals have always heretofore voted for members of parliament for the said borough without objection. The revising-barrister decided that the before-mentioned persons wore not disqualified from being registered, by the said 36th section of the 2 W. 4, c. 45, and he retained their names on the list of freemen entitled to vote, -the several cases being consolidated. If the court should be of a contrary opinion, their several names were to be expunged from the said list. Hayes, Serjt, (with whom was the Hon. R. Bourke), for the appellant. These brethren are disqualified as [488] recipients of " alms " within the 3t th section of the Reform Act, 2 W. 4, c. 45. In t'uulkiufr, dpp-, The Overseen of Up/mr Bodilinijtmi, Eesp., 3 C. B. (N. S.) 418, K. & U-. 132, pursuant to the trusts of two wills, certain lands in Northamptonshire were purchased in 1776', and vested in trustees upon trust to apply the rents and profits, amongst other charitable purposes, to and amongst certain persons described as " the six beadsmen of D;i veil try," as to whose origin there was no evidence. The persons thus described had received 50s. a year...
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