Bury.

Till within about ten years a small quantity of linen cloth used to be given away by the overseer, and Report of it is supposed that the money arose from some leasehold property at Heap Fold, belonging to the Earl of Derby, and that when the lease expired the payment ceased.

NUTTALL'S CHARITY (see p. 16).

1828. Haworth's Charitycontinued.

The Returns made to Parliament in 1786 state that John Nuttall, in 1763, gave to the poor in Nuttall's Heywood and Heap 10., which was then vested in James Starky, and produced 8s. yearly. Charity,

We find that the sum of 8s. is regularly paid by James Starky, esq., of Heywood, a descendant of the James Starky mentioned above, every Good Friday, which is given away with the Sacramentmoney to poor communicants.

BAMFORD'S CHARITIES.

Ann Bamford, by Deed, bearing date 7th September 1778, and enrolled in the Court of Chancery Bamford's 2d October in the same year, granted a rentcharge of 30l. a year, and certain premises in Heywood, Charities. for a school. She died, however, 1st February 1779, within 12 months after the date of the Deed, whereby it became void.

By her Will, dated 26th October 1778, she bequeathed the sum of 1,000l. to be applied to the use of a school, in case of her death before the expiration of a twelvemonth from the date of the Deed before mentioned; but she directed the same to be laid out in the purchase of land, and the payment thereof charged on her real estate, so that this bequest was also void.

TOWNSHIP OF WALMSLEY.

BALDINGSTONE SCHOOL (see p. 18).

Walmsley.

By Indenture, bearing date 27th August 1716, Miles Lonsdale, for encouraging the erecting of a Baldingstone school within the hamlet of Walmsley, conveyed to Richard Kay and seven others, their heirs and School. assigns, a parcel of ground, being part of the barnfold belonging to a tenement called Bentley, in Walmsley, containing 12 yards in length and eight in breadth, in trust, when a building should be erected thereon, to convert the same for the use of a school, and of such person as should officiate there as schoolmaster: And it was agreed that, as soon as the said house should be erected, and made commodious for a school, soine fit person, being a Protestant, should be appointed master thereof, and that public notice should be given in Bury church, on Sunday morning, immediately after Divine Service, ten days at least before the election, which should take place at the school-house; that the first schoolmaster should be elected only by such persons as should be contributors towards the erecting of the school, and that all succeeding masters should be elected by the feoffees and their heirs: And it was further agreed, that when the feoffees should be reduced to five, the survivors should choose three other persons of substance, being Protestants, and resident in Walmsley, or some other parts adjacent, to act with the surviving feoffees; and it was provided, that whenever the said house, so to be erected, should be employed to any other use than a school-house, the premises should revert to the said Miles Lonsdale and his heirs.

New trustees have been appointed from time to time. The last appointment was by Indenture, dated 25th December 1822, whereby Richard Kay, described as only son and heir-at-law of Robert Kay, who was the surviving trustee, enfeoffed and confirmed to the Rev. Geoffrey Hornby, Richard Kay, John Grundy, William Grant, John Hutchinson, Richard Walker, Thomas Jackson Wood, and John Hall, and their heirs, the school-premises upon the trusts aforesaid.

James Lancashire, by his Will, bearing date 30th July 1737, gave for the use and benefit of the school at Walmsley, 507., as already stated in our account of Heywood School in this parish, directing that a number of children not exceeding 10 should be taught free. It is stated that this gift of James Lancashire was lost long ago by the failure of the person in whose hands the money was placed.

There is now in this township a school and school-house which was enlarged about 40 years ago by subscription. It is occupied by the schoolmaster, who was appointed by the persons named as trustees in the Deed of 1822. The premises are kept in repair by the township, or by subscription.

On account of the benefit of this house, 10 children of Walmsley are appointed by the trustees to be taught free; and the same number was formerly taught in respect of the gift of James Lancashire.

There is also a school-stock of 687. 18s. 4d. which was in the hands of the late Richard Kay, of Lime Field, and the interest of which at 4 per-cent. is now paid to the schoolmaster, by Mr. Kay's sons.

RICHARD HAWORTH'S CHARITY (see p. 19).

Richard Haworth, of Chatterton, by his Will, bearing date 4th July 1760, gave all his estate and Richard effects to John Nuttall and John Hargreaves, and the survivor of them, his executors and admini- Haworth's strators, in trust, to pay his debts, and invest the residue if possible upon landed security, and apply Charity.

Bury. Report of

1828.

Walmsley. Richard Haworth's Charitycontinued.

the interest for the use of his wife Mary for life, with power for her to dispose of 2001. by Will; and after giving several pecuniary legacies, he gave all the remainder of his estate and effects to the said John Nuttall, Robert Kay and Richard Nuttall, in trust, to place out at interest, and yearly to apply. the produce to and amongst the poor of the townships of Shuttleworth and Walmsley for ever. And he declared his will to be, that when one or more of his trustees should die, or remove out of the township, the remaining trustee or trustees, or for want of such, the owners of lands of inheritance, within Shuttleworth and Walmsley, should within one month from such death or change of residence, in the school-house at Walmsley, nominate as many substantial inhabitants resident in the township as should make up three, one of the trustees always to be an inhabitant of Shuttleworth: And he directed that such nomination, and the annual accounts of the charity, should be inserted in a book kept for that purpose, to be lodged in the school-house; and that his trustees should be allowed 10s. a-piece yearly out of the interest for their trouble, until the same could be settled upon land for the payment of a yearly annuity for ever; and after such settlement the sum of 6s. 8d. a-piece, and no more.

It is stated in the book containing a copy of the will of Richard Haworth, and an account of this Charity, that the donor died 15th September 1760, and his wife in January 1762; and that the residue of the testator's estate produced 4817.

The

New trustees have been nominated from time to time by entries in the charity-book. present trustees are Thomas Kay, of Bass Lane, William Grant, of Spring Side, and John Holt, of Shuttleworth.

The sum of 4817. above-mentioned is in the hands of Thomas Kay, who received it upon the death of his brother James Kay in 1825. He pays 19l. 4s. 94d. annually, as the interest thereof, at the rate of four-per-cent., to which it was reduced from five per cent. in 1824.

The amount of the interest is distributed amongst poor persons in Walmsley, appointed by the trustees. For this purpose the trustees meet on the Thursday in the week after Christmas-day, previous notice thereof having been given, and examine strictly into the claims of the persons applying for the benefit of the charity. The persons selected are divided into four classes, according to their respective merits and necessities. Those of the first class receive from 13s. to 15s. each; the second class, from 9s. to 11s., the third, froin 68. to 8s., and the fourth class from 48. to 6s. The trustees do not retain anything in respect of the allowance made to them by the donor.

Mr. Kay has expressed his desire to invest the money on some permanent security as soon as an eligible offer presents itself.

Tottington Lower End.

Tottington
School,

TOWNSHIP OF TOTTINGTON LOWER END.

TOTTINGTON SCHOOL (see p. 22).

Thomas Nuttall, by his Will, bearing date 14th March, 1726, devised to the use of his granddaughter Margaret Bagshaw, and her heirs, all his copyhold premises in Oldham which he had surrendered to the use of his will, except a bay of building which he had lately erected in Tottington for a school-house, and which he directed should for ever thereafter be used and employed for that purpose only; and he also gave to Lambert Fletcher, Thomas Wood, Thomas Baron, and to the owners for the time being of his capital messuage in Tottington, their heirs and assigns for ever, an annuity or yearly rent of 31. issuing out of a messuage or tenement in the parish of Oldham, called Reyds, (which he purchased of Samuel Thorpe, charged with a rent of 40s. payable to Oldham School) payable at Martinmas and Lady-day, yearly, clear of all deductions, with a power of distress in case of nonpayment, upon the trusts following; viz. for the teaching and instructing eight such poor children inhabiting in Tottington to read English in the said new erected school there as the said trustees, or the major part of them, should from time to time nominate; and for buying books for the said poor children out of the surplus of such yearly rent, if there should be any surplus.

This sum of 31. is regularly paid by the agent of Robert Ratcliffe, esquire, of Fox Denton, in Oldham, the owner of the property charged.

An Inscription on the wall of the present school states that it was built by Thomas Nuttall, in the year 1715, and endowed with 31. per annum; that an additional bay was erected in 1773 by voluntary contributions, and that the school was further endowed with 97. per annum by Peter

Baron.

The origin of the additional endowment here mentioned is involved in some confusion.

Peter Baron, by his Will, directed that the trustees, to whom he had surrendered to the use of his will certain copyhold premises therein described, should stand seised of the same for the use of the school in Tottington; and appointed the owners of the Walshaw, Tottington, and Stornehill estates managers thereof; and in case such appointment should be disputed by his heirs, he directed that 2507. should be raised by mortgage in such manner as the said managers should direct.

We do not find that this will was ever acted upon; the copyhold premises mentioned in the will were surrendered by Thomas Baron, son of the testator, to his sons Peter and Titus Baron, who were admitted at a court holden 20th October 1784 to hold" upon the trusts declared in a deed of the same date." No such deed however was executed; but an indenture was prepared, bearing date 29th September 1785 whereby, reciting that an indenture was intended to have been made declaring the trusts of the surrender, but that it had not been done, it was declared, that the said Peter and Titus Baron held the premises in trust for Tottington school. This indenture, however, was not executed.

Bury.

Report of 1828.

By Indenture, bearing date 13th January 1798, between Ann Baron, widow of Peter Baron the elder, of the first part, and John Gorton, of the other part, the said Ann Baron assigned to the said John Gorton, his executors, &c., the sum of 3267. 16s. 8d. which was due and owing to her from Mary Baron, upon trust, to place out 2007., part thereof, upon good security, in the name of the said John Gorton, his executors, &c., or such trustees as should be nominated by him, and to pay or Tottington apply the interest to or for the use of the schoolmaster for the time being of the school at the village Lower End. of Tottington, of which James Crowshaw was the then schoolmaster, in such manner as the said John Gorton his executors, &c., or the majority of the trustees for the time being of the said 2007., should Tottington think proper, with liberty, to withhold the said interest from any schoolmaster, and retain the same continued. for a future master, if they should think proper; the residue of the said 3267. 16s. 8d. to be applied towards erecting a chapel in Tottington, under the establishment of the Church of England, and providing ornaments for the same.

The said Ann Baron, by a codicil to her will, bearing date 27th January 1798, disposed of the said sum of 3267. 16s. 8d. in the same manner, and confirmed the above indenture. Instead of paying to John Gorton the above mentioned sum of 2001. for the use of the school, Mary Baron, and her son Peter Baron, surrendered to John Gorton and other trustees the premises mentioned in the will of Peter Baron the elder. And by Indenture, enrolled in Chancery, bearing date 20th August 1800, between Mary Baron, widow of Thomas Baron, and Peter Baron, eldest son and heir of the said Thomas, who survived Titus Baron his brother and co-feoffee in trust, under a surrender, bearing date 15th May 1784, of the one part, and Roger Booth Baron, John Gorton, and 16 others, of the other part, reciting, that the said Mary and Peter Baron had surrendered a messunge and tenement called Ralph Moor, or the Ralph Moors, or Fearns Lands, and the several closes known by the names of the Meadow, the Spout Field, the Long Field, the Barn Hay, and the Ralph Moor, containing by estimation six acres, and one acre and a half of common upon Holcombe Moor, all of the yearly rent of 38., to the use of themselves and of the parties of the second part, their heirs and assigns, upon the trusts declared by an indenture of this date, subject to a certain mortgage surrender, bearing date 1st May preceding, made by the said Mary and Peter Baron, to the use of Edmund Haworth, for securing a sum of 120l., and also subject to a certain lease of the premises to Ratcliffe Bridge, for a term of which five years were then unexpired; and reciting, that it had been agreed that a bargain and sale from the said Mary and Peter Baron to the said Roger Booth Baron, and others, and their heirs, should be executed and enrolled, the said Mary and Peter Baron, in consideration of 2001. paid by the said John Gorton, as mentioned in the surrender, bargained and sold to the said Roger Booth Baron, and others, and their heirs, the premises before mentioned, to hold the same subject to the said mortgage and lease, upon trust to apply and dispose of the rents and profits, after the interest of the principal on mortgage, and other incidental expenses, to and for the use of the schoolmaster of the school at Tottington, endowed by Thomas Nuttall, in such manner as the trustees should think fit, for and towards teaching 12 poor children in reading, writing, and arithmetic, such children to be chosen by the said Peter Baron during his life, and afterwards by a majority of the trustees; and it was declare that the trustees should have power to withhold the rents from the master if they should think proper; that if the said Peter Baron should not nominate a child within two months after notice of a vacancy, Mary Baron should appoint; when the trustees should be reduced to five, the survivors should appoint others to make up the number 21, and that the respective owners, for the time being, of Wallshaw House, Tottington Hall, Stormer Hill, and Stoney Brow estates, in Tottington, and also that part of Kirkhalls estate at the village of Tottington, then in the possession of the said John Gorton, should always be five of the trustees, and considered as such without election, and before the premises should be conveyed to them, with other trustees that might be elected; with power to nominate other trustees before they should be reduced to five, if they should think fit; and that if by chance they should be reduced to fewer than five, the survivors might, by the consent and approbation of the minister of the chapel then lately erected at the village of Tottington, have power to nominate so as to make up 21; and that such surviving trustees should surrender and convey the premises to the use of themselves and such new trustees upon the trusts aforesaid.

Upon the execution of this indenture John Gorton gave a discharge to Mary Baron for the sum of 3261. 16s. 8d. the said Mary Baron having, as stated in the discharge, "settied 2007. in Ralph "Moor tenement for Tottington School in lieu of 2001." part thereof, and having paid him the remainder; and at a court held 29th October 1800, Mary Baron, and the other parties to the indenture of 20th August 1800, were admitted upon the surrender of the said Mary Barou and Peter Baron upon the trusts declared in the said indenture, subject to the mortgage therein mentioned.

The premises consist of a dwelling-house with outbuildings in Tottington, and six acres of land, at eight yards to the perch, let to Richard Warburton, as yearly tenant, at 211. a year. The buildings are in very bad condition, but if they were put into good repair the property would be worth 261. per

annum.

Mr. John Gorton received the rents, and made the disbursements from 1801 to 1816, when he became a bankrupt.

It appears that he had in his hands in 1816, 49l. 17s. 8d.

During this period he paid 107. per annum to the schoolmaster, and up to May 1812, 67. per annum, as the interest of the mortgage of 1201. Upon Mr. Gorton's failure, his accounts, which had been regularly kept, were produced to the other trustees, and it appeared that there was a balance due from him amounting to 491. 17s. 8d.

At the time of our Examination this debt had not been proved under his commission, but this might have been done without any difficulty, and one of the trustees undertook to prove it without

School

Bury.

Report of 1828.

Tottington Lower End.

Tottington
School-

continued.

delay. A dividend of 17s. 9d. has already been declared and paid upon the debts proved, and another dividend is expected, so that it is to be hoped the charity will not be materially injured. From 1816 to 1821 no person acted in the management of the charity, and no rent was received except that the tenant paid 107. a year to the schoolmaster himself.

In January 1821, the management of the estate was given up to Mr. John Haworth, the son of Mr. Edward Haworth, the mortgagee, and there was then due from the tenant for arrears of rent 551.

The following appears to be a correct statement of the accounts between the executors of the late Edward Haworth and the trustees, as they stood in August 1827:

Bridge's

Charity.

There was also due from the tenant about 60% in respect of the rent which accrued in the six years subsequent to 1821, he having paid 10l. a year to the schoolmaster; it is expected that this suni may be recovered, subject to a small annual deduction as a compensation for damage done to the farm by delphage; and it is intended to take immediate steps for this purpose. It is also intended to raise the rent to 251. or 267., according to the value of the farm.

Mr. Haworth's executors are willing to set off the arrears of rent which may be recovered (after the payment of the interest) against the principal, and also such further sum of money as may be received from Mr. Gorton's estate, when the debt shall have been proved, and the dividend paid thereon; it may therefore reasonably he expected that, in the course of two or three years the mortgage will be paid off, and this complicated account settled, after which the premises may be properly repaired, and the salary of the schoolmaster improved.

The schoolmaster is appointed by Mr. Grimshaw, the owner of Tottington Hall, formerly the estate of Thomas Nuttall, the proprietors of which property appear always to have had the appointment. He resides in the school-house, consisting of a school-room and a chamber over it, and there is a small garden attached. He receives 37. a year from Mr. Elliott, of Rochdale, as agent for Mr. Ratcliffe, as before stated, and 107. annually from the tenant of the property derived from the Baron family.

For the 31. a year he teaches free three children of Tottington Lower End, nominated by the owner of the Tottington Hall Estate; and in respect of the 107. a year he teaches 12 children nominated by Mr. Baron, or by his brother-in-law, on his behalf.

The boys and girls are taught reading and writing, and the girls knitting and sewing also. There are, besides the 15, about 50 pay-children in the school.

The repairs of the school-house are generally paid by the constable of the township, but the master has sometimes contributed.

BRIDGE'S CHARITY (see p. 24).

The table of benefactions states that the Reverend Thomas Bridge gave 107. per annum to the poor of the parish of Bury; and in the Returns made to Parliament in 1786 it is stated that he left by will 100%., date unknown, for apprenticing two children in Tottington.

We have not been able to obtain any copy of his will, but it is stated to us that the donor bequeathed "2001. to the township of Holcombe," but the executors refused to pay the legacy, there being no such township, though the township of Tottington, which forms the chapelry of Holcombe, was clearly intended. A compromise was therefore made, and 100l. was accepted.

James Elton acted as trustee of this charity till the year 1818, when he gave the management up to his brother, John Elton, of Tottington Lower End.

The principal sum of 1007. is in the hands of Ralph Bridge, of Tottington, who has given a note for the amount to John Elton, but Mr. Elton considers himself answerable to the township for the principal and interest.

Since Mr. John Elton has kept the accounts he has debited himself with the sum of 451. for interest up to the 25th March 1827, and a balance of 101. 2s. due to the charity in 1818, making in the whole 557. 2s. And he has expended, in binding six children of the township of Tottington Lower End apprentices, and paying for part of the indentures of a seventh, 11. 5s. 1d., leaving a balance due to the charity of 43l. 16s. 11d. It is stated that the reason that more boys have not been put out is that there have not been more applications; no boy who has applied having been refused, provided he has been properly qualified. The charity, however, is well known in the township.

It has been proposed to invest this sum of 100%. on a mortgage of the workhouse in Tottington; it would be desirable that trustees should be appointed to consider of some mode of securing the money, and of carrying the intention of the donor more efficiently into practice, and we are assured that steps shall be taken for that purpose immediately.

BUCKLEY'S CHARITY.

John Buckley, by his Will, bearing date 11th February 1737, gave the sum of 107. to be put out, and the interest thereof yearly paid into the hands of the churchwarden and overseer of the poor of the Lower End of Tottington, and their successors, to be yearly by them divided amongst the poor of the said Lower End of Tottington, that should be the greatest needers, and have no monthly pay. We cannot find any trace of the existence of this charity.

Bury. Report of 1828.

Buckley's

Charity.

TOWNSHIP OF TOTTINGTON HIGHER END.

EDENFIELD SCHOOL (see p. 27).

Tottington Higher End.

At a court holden for the manor of Tottington, 29th April 1761, Lawrence Elton, and Thomas Edenfieid Booth, of Edenfield, were admitted tenants of a close or parcel of land called the Green, on the east School. side of Edenfield Lane, containing about 25 falls of ancient copyhold land, which premises had on the 14th March then last been surrendered by Joshua Elton, to the use of the said Lawrence Elton and Thomas Booth, and their heirs for 999 years.

By an Agreement bearing date 26th August 1762, reciting that Joshua Elton had on the 14th March 1761 surrendered to the use of the said Lawrence Elton and Thomas Booth, and their heirs, the close called the Green, upon which there had been since erected a messuage of one bay of building; for the performance of such covenants and limitations as were contained in certain articles of agreement made between the said Joshua Elton, and the said Lawrence Elton and Thomas Booth, bearing date 2d February 1761, which articles were then lost or mislaid, the said Lawrence Elton and Thomas Booth declared that the lands and the building thereon since erected, were surrendered to them in trust, to pay and apply the rents and profits thereof yearly to the master of Edenfield school, in the Upper End of Tottington, such master to be from time to time appointed by five trustees thereby nominated, viz. Richard Nangreave, John Hargreaves, John Haworth, Lawrence Elton, and John Haworth, who should be trustees for the care and management of the said premises; and it was provided that new trustees should from time to time be chosen by the survivors, and that the trustees should take care that the said schoolhouse should be kept in sufficient repair at the charge of the parish, out of the chapel-rates.

Copies of this agreement were produced by Henry Hargreaves, the son of John Hargreaves, and by a grandson of Mr. Lawrence Elton, who also had a copy of the surrender alluded to in the agreement.

With the copy of the admittance of 29th April 1761 was a paper signed by one John Brooks, being an acknowledgment that the premises above mentioned were the property of Lawrence Elton and Thomas Booth, and that he attorned tenant to them, promising to pay the yearly rent of 3s.

It appears that the said John Brooks afterwards built a cottage on part of the land, and part was afterwards inclosed, and is now occupied as a close, and at a subsequent period he paid a rent of 12s.

A person of the name of Sarah Nuttall lived with John Brooks as his wife, and had children by him, and many years having elapsed since his death, she claimed this property as part of the waste, on which she stated she had built a house, and surrendered it in consideration of natural love and affection to her son Thomas Nuttall, who was admitted tenant, at a court holden 12th May 1824. In this admittance the land is described as containing half an acre, or thereabouts, and it is stated that the cottage was erected thereon at the expense of Sarah Nuttall, and the premises are declared to be subject to the payment of the yearly sum of 12s. for ever, to the schoolmaster of Edenfield School.

There can be no doubt that this was an unjustifiable attempt to deprive the school of its property, and Thomas Nuttall has declared his readiness to surrender the premises to trustees for the use of the school. As his mother is old, the inhabitants of Tottington do not wish to disturb her, but as they are aware of what has passed, they intend taking care to secure the land to its proper use. The cottage and land are stated to be worth 37. or 47. a year. There has lately been built on part of this land on the Green, and close to the cottage, a turnpike-house, for which it is supposed that the Commissioners of the Road leading from Bury to Burnley will pay some small rent, but no terms were settled at the time of our Inquiry.

There is also a sum of 10l. 15s. 9d. in the hands of Mr. Henry Hargreaves, viz., the sum of 10l. 10s. which was in his father's hands, and in his accounts was described as "Edenfield school-stock," and 58. 9d. arising from interest which had never been demanded by a former master who left the school. For this sum Mr. Hargreaves pays 10s. 6d. yearly as the interest to the schoolmaster.

The master at present receives no permanent emolument except 12s. from Sarah Nuttall, and 10s. 6d. from Mr. Hargreaves, and for these payments he teaches one child free, in a schoolroom near the chapel.

Mr. Samuel Ashton, of Middleton, in the year 1826 gave a small bit of land between 200 and 300 square yards adjoining the school, for the enlargement of it. The ground was surrendered to 17 trustees for that purpose, but nothing has been done yet towards the building. A subscription has been solicited, and about 130l. promised, but only a few pounds had been collected at the time of our Inquiry.