James Ashmore, Appellant, Frederic Lees, Respondent
| Jurisdiction | England & Wales |
| Judgment Date | 20 November 1845 |
| Date | 20 November 1845 |
| Court | Court of Common Pleas |
English Reports Citation: 135 E.R. 851
IN THE COURT OF COMMON PLEAS.
S. C. 1 Lutw. Reg. Cas. 337; 15 L. J. C. P. 65; 9 Jur. 1109.
[31] county of nottingham, northern division. james ashmore, Appellant, frederic lees, Respondent. Nov. 20, 1845. [S. C. 1 Lutw. Eeg. Gas. 337; 15 L. J. C. P. 65; 9 Jur. 1109,] The inmates of an hospital in the county of York, founded and endowed by the duke of N. in 1673, claimed to be registered for the county of Nottingham.-It appeared that the revenues of the hospital were derived from lands, and corn-rents in lieu of tithes of lands, in Yorkshire and Nottinghamshire, which were vested in trustees; that the whole formed one fund, out of which the trustees paid a weekly stipend to each inmate; that, originally, each inmate received 2s. 6d. a week, and a certain yearly allowance of coals and clothing; but that the weekly payment had subsequently been increased to 10s.; that, by one of the constitutions of the charity, it was provided, that, if at the end of any year there should be found in the treasury of the hospital above 1001., the surplus should be divided amongst the pensioners; and that the appointment was for life, no instance of dismissal being known.-By an act of parliament modifying the constitutions of the charity, it was provided, that, instead of having the surplus revenues distributable amongst the original number of pensioners, additional pensioners should be chosen; and the trustees, under the direction of the duke, were empowered and directed, from time to time, to add as many more pensioners as the revenues of the hospital would allow (leaving a sufficient surplus for repairs and incidental expenses); and the trustees were, under 852 ASHMORE V. LEES 2 C. B. 32. the directions of the duke, to pay the pensioners such fixed stipends as they should think fit (having regard to the revenues of the hospital), and to lessen or increase, vary, change, and alter such weekly stipends, as they should find requisite, so that the stipends should at no time be reduced below 3s. 6d. a week.-The revising barrister having held that the inmates had no legal or equitable interest in the funds of the hospital to a sufficient amount to entitle them to be registered, assuming that they had no absolute right to more than 3s. 6d. per week, the court affirmed his decision,-And held, that the rents derived from the lands in the two counties might be apportioned. The right of James Ashmore to have his name inserted in the list of voters for the parish of Harworth, in the northern division of the county of Nottingham, was objected to, and the notices duly proved. His name, place of abode, and nature of qualification appeared in the list as follows :- Christian Name and Surname of the Voter. Place of Abode. Nature of Qualification. Street, &c., where Property situate, &c. Ashmore, James. Shrewsbury Freehold inte- Harworth and Styr- Hospital, rest in lands, rup. Sheffield. buildings, corn-rents in lieu of tithes. James Ashmore was an inmate of the Shrewsbury Hospital, Sheffield, in the county of York, and claimed to be a voter for the northern division of Nottinghamshire, as being entitled, as such inmate, to an equitable life-estate or interest in lands and corn-rents in lieu of tithes, arising from lands in the parish of Harworth and the adjoining township of Styrrup. The Shrewsbury Hospital was founded in pursuance of the will of Gilbert, Earl of Shrewsbury, by Henry, Duke f Norfolk, in or about the year 1673, when he erected the hospital at Sheffield, and made certain statutes and constitutions for its government : and in the year 1680, by indenture, the said duke, in pursuance of the will of the said Earl of Shrewsbury, conveyed certain lands and tenements to trustees for the purpose of maintaining the hospital, and paying the inmates and pensioners according to the said constitutions. The hospital has been further regulated by certain private acts of .parliament respectively passed in the 11 G. 1, the 10 G-. 3, and in the 4 G-. 4, confirming the foundation of the said hospital and the constitutions thereof, subject to certain changes and modifications duly introduced by and in pursuance of the said statutes. There are now twenty male inmates of the said hospital, of whom the said James Ashmore is one; and, as such inmates, they occupy and enjoy certain rooms and premises at Sheffield, in the county of York; but they [33] are not in the occupation of any property in the county of Nottingham. By the said constitutions it is (amongst other things) ordained, that, in the said hospital, there shall be, for ever, one governor and twenty poor persons, who shall give themselves to the service of G-od, and to pray for the prosperity of the noble family of the founder and his posterity; and that the said governor and every of them shall enjoy such chambers, rooms, and accommodations, from time to time, for their lives, together with such stipend and all other allowances as are thereinafter to every of them limited and appointed, every of them well and honestly behaving himself, according to the said statutes and constitutions. It was also provided by the said constitutions, that the said Duke of Norfolk, and his heirs, should from time to time nominate the governor, and certain persons who were to be assistants to the governor in the disposal of the revenues of the said hospital: and they were to receive the rents from the collector and lay them up in the treasury of the hospital: and one or more of them were to meet monthly with the governor in the hall, and pay the said inmates their allowances (as thereinafter limited and appointed) out of...
To continue reading
Request your trial
-
George Steele, Appellant; John Alleyne Bosworth, Respondent
...than 101. a year. And the trustees are to do all the repairs. The same point that is raised here was raided in Ashmore, dpp., Lees, Reap., 2 C. B. 31, 1 Lutw. Beg. Cas. 337. The inmates jot an hospital in the county of York, founded and endowed by the Duke of N. in 11673, claimed to be regi......
-
Corporate‐sponsored Child Care: News from Abroad
...employers, when they are intended to benefit the employer's business by reducing absenteeism and turnover (see Revenue Ruling 73-348, 1978-2 C.B. 31). The costs of goods and services used currently are all deductible in the year in which the expenditure is made. For example, the entire cost......