Dalton-in-
Furness.
Report of

1820.

Mr. Thomas Towers continued

Do you know whether there is any land or houses in Rampaide, belonging to this parish ?--I do not believe there is; I never heard of anything of the sort.

Thursday, 16th September 1819.

Mr. Thomas Butler, clerk to Mr. Atkinson, produced a copy of the will of Gabriel Fell, dated 10th September 1638, whereby he left "unto the poor of Dalton town, which are most needful and enrolled for pcor, 108. yearly, to be divided amongst them every year on Christmas Eve in the morning, at my now dwelling-house door, to continue for ever." And he directed the same to be paid yearly, out of the profits of his close, lying at Mary Bank Yent.

Also several papers, containing an account of the distribution of several sums of money, from the year 1814 to 1818 inclusive, in each of which is entered the distribution of 20 sixpences to 20 poor widows, of the township of Dalton.

Also a copy of a decree in the Court of chancery of the county palatine of Lancaster, dated 10th December 1731, between Robert Fenwick, attorney-general of the county palatine, at the relation of William Bolton and others, churchwardens and overseers of the parish of Dalton, informant, and Josias Heard, defendant; reciting that the attorney-general, at the relation of the said churchwardens and overseers, had exhibited an information against the said defendant, and others therein named, "setting forth that Sir Thomas Preston, baronet, did near 60 years ago, out of a pious and charitable disposition, give iron ore and other things, to the value of £.650 and upwards, unto Matthew Richardson, esquire, and others, in trust that the money arising from thence should be invested in lands, or otherwise placed out upon security, for the benefit of the poor of the said parish of Dalton, and that the said trustees having by sale of the said ore and effects raised £.650, did as in execution of their trust, about the month of February 1674, purchase a customary messuage and tenement of inheritance at Billincoat, within the said parish, for £.550, which they paid out of the said £.650, and the said tenement was thereupon, by the discretion of the said trustees, conveyed to Josias Heard, then of Mannor, gentleman, his heirs and assigns, in trust and for the benefit of the poor of the said parish ; and that the sum of £.100, residue of the said £.650, was placed out at interest in the names of the said Josias Heard and of John Marshall, gentlemen, and others, and the profits of the said tenement, and the interest of the said £.100, were for many years and during the life of the said Josias Heard, who died about 30 years ago, applied towards the maintenance and relief of the poor of the said parish, and the trust in that behalf, and the legal estate in the said messuage and tenement, upon the death of the said Josias Heard, descended to John his eldest son and heir, and his name being used with others as trustees in placing out the said £.100, and interest on securities, the rents of the said real estate and interest of the said £.100 were constantly received by the churchwardens and overseers of the poor of the said parish, and duly applied to the use of the poor thereof, according to such discretion and trust as aforesaid, during the life of such eldest son, who dying without issue about 16 years ago, the legal estate in the said tenement, subject to the said trusts, descended to the defendant Josias Heard, his brother and heir, who upon paying in the said £.100, procured his name to be made use of as a trustee in the securities taken on replacing the same, and in particular the name of the said defendant Heard, together with the name of Samuel Dennison, since deceased, were used as trustees in a bond entered into by the said Agnes Parker, Charles Hawkins, John Wods, and William Wayles, for securing £.60, and interest, part of the said £.100, and the defendant Heard's name was also used in a promissory note from the said William Dennison the elder, and William Dennison the younger, for the payment of £.20 and interest, other part of the said £.100; and the defendant Heard received from John Wood, gentleman, or his son Dr. William Wood, the sum of £.20, being the remainder of the said £.100, and promised to replace the same at interest upon security; and that the said defendant did for several years, and till about two years before the filing of the said information, permit the profits of the said tenement, and the interest of the said £.100, to be received by the churchwardens and overseers of the said parish, for the use of the poor thereof, or the same were by them, or otherwise till about that time, paid and applied to the use and benefit of the poor of the said parish, according to the intent of the said charitable gift and trust in that behalf, and ought to be continued so to be paid and answered."

And further reciting that the said information further set forth, that Gabriel Fell had, by will given 10s. a-year to the use of the poor, issuing out of a close at Mary Bank Yeat, which 108. per annum had been for many years duly paid to the overseers of the poor for the use of the poor, but that the said defendant Heard pretended that the legal interest of the said charity of 10s. per annum, or of the land charged therewith, was by some means vested in the said defendant Heard, and that Elizabeth Gibson being entitled to the said close for life, and Robert Gibson to the reversion thereof, the said defendant Heard had released or discharged the said close from the payment of the said 10s. per annum.

And further reciting that the said defendant Heard had received £.20, part of the principal of the said £.100, and the interest of £.60 and £.20, other part thereof, and £.23 rent for the said messuage and tenement, and had endeavoured to get the remainder of the said £.100 into his hands, and that the said defendant Heard was considerably in debt, and in no wise proper to be entrusted with money or effects belonging to the said charity.

And that the relators had prayed that the said defendant might answer the premises, and that the court would remove the said defendant Heard from the said trusts, and appoint other sufficient persons of the parish thereto, and to execute the same; and that the defendant Heard might be obliged to grant, transfer and assign any estate or interest he had in the said messuage, tenement, bonds, notes and other securities to the person or persons so to be appointed, and be obliged not only to deliver to him or them such deeds and securities as he had or could come at for the benefit of the

said charitable uses, but also to pay unto him what should appear to be and remain in his hands of Dalton-inthe money received by him, and for further relief.

Furness.

Report of 1820.

It was ordered and decreed, that the said information and every matter and thing therein desired against the said defendant Heard, should be taken pro confesso, and be decreed against him, with costs; and that he should be removed from the trusts in the bill mentioned, and should transfer all his estate and interest in the said messuage, tenement, bonds, notes and other securities, to William Mr. Thomas Matson, and other persons therein named, who were appointed by the court trustees for the purposes Towersin the information mentioned. continued.

Also produced accounts for the years 1814 to 1818, inclusive of the £.26, called Billincoat poor money, from which it appears that in each of those years, from £.20 to £.21, was given away in sums varying from 1s. to 5s.; about £.2 108. charged for the expenses, and generally about £.1 138. or £.1 148. paid back to the purser. On examining also the purser's book of accounts, produced on a former day by Mr. Towers, it appears that £.26 is paid out on St. Thomas's day to be given away; and that at the end of the year, whatever has not been distributed, amounting generally to £.1 14s. is added to the purser's receipts. In this year, 1819, the balance so paid back is £.2 19s. 6d. former year it was upwards of £.5.

In a

Produces also a parish book of accounts from 1781 to 1805, by which it appears that the rent of the Newbiggen estate was £.33, from 1781 to 1791. The rent due for the Billincoat estate previous to 1791 does not appear to be entered separately.

In the same book, 16th May 1785, is the following entry; to cash received of Thomas Ashburner, being the principal money lent his father of the money left to the parish by one of the Matson's family, for preaching a sermon on Whitsun Monday, yearly, and for bread monthly to some poor people of Above Town Bierley.

There is also in the same book of the date August 16th, 1804, received from Robert Biggins, for his purchase at the Bridge End Goose Green, £.2 28.

In the former book, under the date 1814, amongst the receipts, is the following: By John Jackson, for dale in Ulverston Moss, £.16 15s.

Mr. THOMAS TOWERS.

We observe £.2 10s. generally entered as expenses on giving away the money on St. Thomas's day, what is the reason of this?—There are four dinners in the year on settling the parish accounts, the expenses of three of which are paid out of the parish book, and the expenses of that on St. Thomas's day, which is the fourth, being the day on which the money is distributed, is paid out of the £.26.

We observe an entry with respect to Robert Biggins's purchase at Bridge End Goose Green, can you give any explanation respecting that?—I have heard, since I was here before, that the scite of the old homestead, which was formerly used as the hospital, was taken into Biggin's garden. The whole garden is a very small piece of ground. The garden now belongs to William Smith, of Dalton Waller. know anything of the sale of Moss at Ulverston, in 1814?—I do not.

Do you

Monday, 20th September 1819.

Mr. ROBERT BIGGINS.

I live at Ulpha.

Mr. Robert

Did you live at Dalton 15 or 16 years ago?-Yes, I did; I was born there, and lived there till Biggins. after that time.

Did you buy a piece of ground near Bow Bridge, in the parish of Dalton ?--I bought a cottage and garden of Mr. James, and adjoining to the garden there was a small piece of ground, on which there had been two homesteads, which had fallen down many years before, and then lay in ruins and open to the waste; it was about 14 or 15 yards square. I applied about 1804 to the sidesmen to let me have that, and they agreed with me for two guineas, which I paid.

Do you know how the parish became possessed of that land?-I do not; but when I purchased
James's premises, in looking over the old writings relating to them, I found that this bit of land and
James's premises were once one property. By the boundaries described it could not be otherwise.
At which end of James's tenement did this bit of land lie?—At the west end, between it and the
road.

Did you ever hear for what purpose this bit of land had been used by the parish ?—It was always reported that it belonged to poor men and poor widows, and that there had been two tenements, in one of which the men and in the other the women lived.

Was two guineas a fair price for the bit of land?-It was good for nothing to any one in its then state, except to the person who was possessed of the other tenement.

Was any conveyance made to you of this property ?-There was not.

Who does the property belong to now?-I took it into my garden, and built a wall round it, and sold it altogether to James Butcher of Ulverston, who, I have heard, has sold it again since to Mr. Smith of Dalton.

III.

III. The following is the description of the Charities of this parish contained in the General General Digest, 1865-8.

Digest,

1865-8.

IV. There are references to this parish in the Charity Commissioners' Register of Unreported Charities, the substance of which is embodied in the following Report.

t

Furness.

IV.

Register of
Unreported
Charities.

tion of parish.

V. The ancient parish was formerly divided into four quarters or "Bierleys," namely, V. Dalton, Above-town, Yarlside, and Hawcoat, for each of which divisions there was a Constitution churchwarden; but for rating purposes it formed one civil township. By an Order of and populathe Local Government Board dated 1st May 1871, so much of Dalton as was in the municipal borough of Barrow, together with the islands of Walney, Sheep, Peel, and Foulney, and all the waters, sands, &c., lying between Walney and the mainland as well as those abutting on the other boundaries of the borough were separated from Dalton, and constituted a separate place under the name of the borough of Barrow-in-Furness. The remainder of the parish is an urban district, having a population, according to the Census Returns of 1891, of 13,300.

VI.

Assistant

VI. The Inquiry was held in the District Council Chamber at Dalton-in-Furness, there being present among others the Rev. Frank Byard, vicar of Dalton; the Rev. Report of J. A. Roberts, vicar of Ireleth with Askam; the Rev. Walter Graham, Primitive CommisMethodist Minister, of Dalton; Mr. Edward Wadham, estate agent to the Duke of sioner. Buccleuch; Mr. William Butler, sidesman and solicitor; Mr. J. Tyson, solicitor, and clerk of the district council; Mr. J. H. Clark, assistant overseer.

Charities of Richard Gaitskill and Sir Thomas Preston, commonly known as
The Billincoat Charity (see pages 1 and 2).

Gaitskill and

Following the recommendation of the Commissioners of 1820 the sidesmen of Dalton Charities of filed a petition in Chancery under the Act 59 Geo. III, c. 91, praying that the trusts of Richard these Charities might be established by a Scheme. By an Order dated 20th August Sir Thomas 1826, the Court declared that the trusts declared by Richard Gaitskill and Sir Thomas Preston (the Preston ought to be established, and it was referred to the master to approve a proper Billincoat Scheme, and an appointment of new trustees and a conveyance to them. The master Charity). made his report on the 20th June 1825, approving a Scheme, which was confirmed by an Order of the Court dated 30th July 1825.

By this Scheme, which so far as the constitution of the governing body is concerned Chancery has been varied by a Scheme of the Charity Commissioners dated 5th September 1899, Scheme of there are to be 12 trustees, the vicar of Dalton being one ex-officio, who are empowered 1825. to let the Charity estates for any term not exceeding 14 years, and are to appoint a receiver of rents, who is to keep accounts; these are to be audited by the trustees within one month of the 29th September in every year at a meeting of which public notice is to be given, and when audited are to be open in the vestry-room to the inspection of any parishioners between 10 a.m. and 4 p.m. of at least two days following the audit. The rents and profits are to be distributed as follows:

Two fourth parts (being the share applicable to the use of Sir Thomas Preston's Charity) are to be applied towards the relief and benefit of the most deserving poor inhabitants of the parish of Dalton as the majority of the trustees shall think proper, but no relief is to be given to any poor inhabitants who have received parochial relief at any time during the previous 12 months.

One fourth part (being a moiety of the share applicable to the uses of Gaitskill's Charity) is to be applied in the relief and maintenance of three poor people, being inhabitants of the parish of Dalton and not having for three years at least received any parochial relief, who shall be deemed in most need and most deserving of relief and maintenance, such three poor people to be nominated and chosen by the trustees at their first general meeting; and whenever a vacancy shall happen by death or removal in consequence of misbehaviour, the same is to be filled up by the trustees at their next general meeting.

The remaining fourth part (being the other moiety of the share applicable to the uses of Gaitskill's Charity) is to be applied in the preferment and placing out of poor children apprentices to some trade or calling and the preferment or furtherance of poor maids in marriage, such poor children and maids being children of inhabitants of the parish, a preference being given to the children of such inhabitants as have not received parochial relief.

The trustees are to hold two general meetings, after public notice, within one month after the 29th September and the 25th March every year, for the purpose of receiving

Furness.

Dalton-in- applications and determining on proper objects of the Charities, and they are to maintain a board or slab in the most public part of the parish church containing an account of the Charity for the information of all persons frequenting the parish church.

Charities of
Richard

The Master having by his report appointed 12 persons as trustees, it was by the Order Gaitskill and of the 30th July 1825 referred back to him to approve a conveyance to them.

Sir Thomas

Preston (the
Billincoat

By an indenture dated 31st March 1827, Elizabeth Atkinson granted and released the Charity premises to the said trustees, their heirs and assigns, upon the trusts declared by the Order of the Court of the 20th August 1821 and the Master's report made in pursuance thereof, and subject to such further Orders of the Court as had been or should thereafter be made.

Under the above Scheme amended as aforesaid the Charities have since been administered. By the amending Scheme, which is dated 5th September 1899, the body of trustees is to consist of the vicar of Dalton-in-Furness, ex-officio, four representative trustees appointed from time to time by the Urban District Council of Dalton-in-Furness, four representative trustees appointed from time to time by the council of the borough of Barrow-in-Furness, and four coöptative trustees, who are to be appointed by a resolution passed at a special meeting by the ex-officio trustee and the coöptative trustees for the time being.

A small portion of the estate appears to have been sold, shortly after 1857, to the Furness Railway, and another portion (for improving a road) to the surveyor of highways of Dalton, for $37. 18. in all, which was applied, together with upwards of 271. provided out of income, in erecting, between 1857 and 1860, the cottage mentioned in the schedule of property below.

Under an Order of the Charity Commissioners dated 7th January 1873, the western portion of the Billincoat estate, comprising three closes called Highcross, Highcross and Low Brow Close, and parts of three other closes called High Cross Close, High Brow Close and Long Close, and containing together 21 acres, were sold for 4,2001. to Sir James Ramsden, who in part consideration also undertook to secure a sufficient supply of water for the Billincoat farm. The purchase-money was invested in 4,4857. 19s. 7d. Consols, which under an Order of the Commissioners dated 26th August 1873, were transferred to the Official Trustees of Charitable Funds.

Under an Order of the Commissioners, dated 8th September 1893, the trustees were authorised to repair the farm buildings at a cost of 5451., to be provided by a sale of Consols, which were to be replaced in 30 years, and for this purpose the Official Trustees were to transfer to an "Investment Account" 4501. Consols to accumulate at compound interest. Under this Order sums of 154l. 8s. 10d. and 255l. 158. 1d. Consols were sold out and realised 1507. and 2507. respectively, which proved to be all that was required for the repairs, a balance of 617. 165. being paid out of income, and 4501. Consols were carried to the Investment Account.

The Dalton Urban District Council having, under an Order of the Local Government Board, dated 28th May 1897, obtained the powers of a parish council as regards charities, applied to the Charity Commissioners for advice regarding their powers in view of the fact that the Billincoat Charity was applicable for the whole parish, including the borough of Barrow-in-Furness. The council of that borough having also obtained the same powers under an Order of the Local Government Board, dated 23rd May 1898, it was agreed at a conference held on the 26th July 1898 between the trustees and representatives of the two councils that the board of trustees should be reconstituted in the manner afterwards approved by the Order and Scheme of the Charity Commissioners of 5th September 1899 above-mentioned, and each council was, by an Order of the Commissioners dated 25th October 1898, authorised to appoint four additional trustees for the Charity.

The present trustees are the following:

Ex-officio:

The Rev. Frank Byard, vicar of Dalton-in-Furness.

Representative:

Charles Kirkbride, of Lindal-in-Furness,

John Walton, of Ireleth, Askham-in-Furness,

Thomas Albert Cowan, and

John Myers, of Dalton-in-Furness,

All appointed by the Urban District Council of Dalton-in-Furness, on the

28th November 1898;