The King against The Inhabitants of the Parish of St. Giles, in the City of York
| Jurisdiction | England & Wales |
| Judgment Date | 05 May 1832 |
| Date | 05 May 1832 |
| Court | Court of the King's Bench |
English Reports Citation: 110 E.R. 208
IN THE COURT OF KING'S BENCH
S. C. 1 L. J. M. C. 30. Discussed, Waterford Guardians v. Barton, [1896]2 Ir. R. 558.
[573] the king against the inhabitants of the parish of st. giles, in the city of york. Saturday, May 5th, 1832. Lands purchased by voluntary contribution were conveyed to trustees, for the purpose of erecting thereon a lunatic asylum, and for such other purposes relative thereto as should be determined by the subscribers. The asylum was originally designed for parish paupers or other indigent persons, but the funds being insufficient, a limited number of affluent persons were afterwards admitted at certain rates of payment in proportion to their abilities. From this and other sources of revenue the trustees, after paying all the expenses of the establishment, had accumulated, in five years, profits to the amount of 20001., part of which had been laid out in buildings and purchases for the institution, and part continued to accumulate. All benefactors of 201. or upwards were governors, and they exercised the entire control over the asylum and its funds. The trustees derived no personal benefit from the institution : Held, that as the building produced a profit, it was rateable, and that the trustees, who were the owners, and in actual receipt of the profits, were the persons liable to be rated. [S. C. 1 L. J. M. C. 30. Discussed, Waterford Guardians v. Barton, [1896] 2 Ir. E. 558.] Upon an appeal by the trustees of the York Lunatic Asylum against a rate made for the relief of the poor of the parish of St. Giles, in the City of York, whereby the trustees were rated for and in respect of the said asylum; the sessions quashed the rate, subject to the opinion of this Court on the following case:- In 1774 a number of voluntary subscribers raised a fund for purchasing certain premises within the respondent parish, containing four acres two roods twelve perches, and by the conveyance thereof it was declared that the premises were so purchased " for the purpose of erecting thereon a convenient house for the reception of lunatics, (6) See Bex v. The Inhabitants of Baildon, ante, 427. 3 B. & AD: 574. THE KING V. ST. GILES, YORK 209 to be denominated ' The Lunatic Asylum,'" and for such other intents and purposes relative to the said charitable undertaking as should be thought proper by the subscribers, or the major part of them. The purchase-money amounted to 8281. The conveyance of the property was taken in the names of seven trustees, which trustees and the survivors or survivor of them, and the heirs of such survivor were to stand and be seised of and in the same for the purpose of erecting thereon a house (as above stated), and any offices or other buildings commodious for the same, and for any [574] other intent...
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