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Staindrop. IV. There is a reference to this Parish in the Charity Commissioners' Register of

Unreported Charities, the substance of which is embodied in this Report under Henry Register of Duke of Cleveland's Charity. Unreported

IV.

Charities.

V. Report of Assistant Commis. sioner.

V. Amongst those present at the Inquiry in the National School, Staindrop, were the following :

The Right Hon. Lord Barnard, trustee of the Duke of Cleveland's Almshouse Charity, and of the Scarth Memorial Hall; the Rev. Canon H. C. Lipscomb, vicar of Staindrop; the Rev. J. M. Shepherd, vicar of Ingleton ; the Rev. Herbert Halliwell, Congregational minister; Messrs. J. W. Tinkler, churchwarden; John Fawcett and Thomas Tarn, trustees of Grainger's Charity and the Poor's Land, &c. Charities, appointed by the Staindrop Parish Council ; Thomas Coates, M. Bradley and F. R. Jackson, meinbers of the Staindrop Parish Council; G. D. Pearson, clerk to the Staindrop Parish Council ; J. H. Simmons, clerk to the Ingleton Parish Council; Robert Armstrong, overseer for Langleydale ; Francis Storey, overseer for Cleatlam ; Joseph Lax, trustee of the Scarth Memorial Hall; James Copeland, and Arthur Copeland.

Particulars of the several townships, or civil parishes, comprised in the ancient parish of Staindrop, are given in the following table.

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The ecclesiastical district of Ingleton, St. John the Evangelist, was formed out of the mother parishes of Siaindrop, as shown in the above table, and Heighington, in 1850. The remainder of the ancient parish of Staindrop forms the ecclesiastical parish of Staindrop, St. Mary the Virgin.

There are now three churchwardens appointed for the ecclesiastical parish of Staindrop, one for the township of Staindrop, one for the township of Raby with Keversione, and one for the township of Langle; dale with Shotton. Prior to the division of the ancient parish a fourth church warden was appointed for the old East Quarter of the parish, that is, the townships of Hilton, Ingletor, and Wack.field. During the years 191-1893 a :econd church warden was appointed for the township of Staindrop, but as a temporary measure only, in order to meet the requirements of the Local Government Board auditor with regard to a grant of money for the purposes of a burial ground.

Grainger's
Charity

Charity of John Grainger (sce page 1). This Charity is nor regulated by a Scheme of the County Court of Durham of the 13th November 1856.

History of the endowment prior to Scheme of 1856.- The following account of the history of the endowment prior to the County Court Scheme is based upon material

furnished to the Charity Commissioners in the course of the proceedings prior to the Staindrop. establishment of that Scheme. The will of John Grainger cannot be traced, and the earliest account of it that can

Grainger's

Charity be obtained is the recital in the following deed :

continued.

This \ndenture Tripartite made the twenty third day of August in the year of our Lord God One thousand seven hundred and ten and in the 9th year of the reign of our Sovereign Lady Anne by the Grace of God of Great Britain France and Ireland Queen Defender of the Faith &c. Between The Right Honourable Christopher Lord Barnard Baron of Barnard Castle in the County of Durham of the first part Thomas Mowbray of the parish of Stanhope in the said County Gentleman of the second part Henry Forth of Darlington in the said county Esquire and Abraham Hilton the Younger of Staindropp in the said County Gentlenian Calib Grainger of Raby in the said County Merchant and George Grainger of Raby aforesaid in the said County Yeoman of the third part Witnesseth that whereas John Grainger deceased (Uncle of the said Calib and George Grainger) born at Raby aforesaid and after living in London dirl in his lifetime in and by his last Will inter alia Give and bequeath unto the said Thomas Mowbray then of Headlam in the said! County and Christopher Hodshon of Staindropp aforesaid Yeoman deceased as Trustees the sum of £300 The interest whereof is to be used and applyed for the supporting and maintaining such a School Master as shall teach and instruct the children of the poor people of the parish of Staindropp Gratis which said sum has heretofore been received by the said Lord Barnard in London who has punctually paid the interest thereof for the uses aforesaid to the five and twentyeth day of March last And the said Christopher Hodshon being dead and the said Thomas Mowbray very old It has been with the consent and approbation of the said Thomas Mowbray testified by his being made a party to and executing hereof Agreed that the said Lord Barnard shall settle the same in the name of new Trustees in such sort and manner as herein after mentioned And that for that purpose. the said Henry Forth Abraham Hilton Calib Grainger and George Grainger and the survivors and survivor of them are noninated as new Trustees for the uses and purposes aforesaid and herein after mentioned Now this Indenture witnesseth that in pursuance thereof the said Lord Barnard for hi'n his heirs executors and administrators Doth covenant promise and agree to and with the said Henry Forth Abraham Hilton Calib and George Grainger and to and with every and either of them and the survivor of them and the executors administrators and assigns of the survivor of them That he' the said Lord Barnard his executors administrators and assigns shall and will yearly and every year during the life of the said Lord Barnard well and truly pay or cause to be paid unto the said Henry Forth Abraliam Hilton Calib and George Grainger and the survivor of them and the executors administrators and assigns of the survivor of them the annual sum of Fifteen pounds of lawful money of Great Britain at the four most usual feasts or days of payment in the year (that is to say) the ffeasts of or commonly called Michaelmas Christmas Lady day and Midsummer by equal portions (as and for the interest of the said £300 To be by the said new Trustees and the survivors and survivor of them and the executors and administrators of the survivor of them used employed and applyed for the support and maintenance of such School Master as within the said parish of Staindropp shall teach and instruct the children of the poor people of the said parish of Staindropp Gratis And that from and after the decease of the said Lord Barnard that the heirs executors and administrators of the s:id Lord Barnard shall and will within 6 Months next after his décense pay or cause to be paid to the said Henry Forth Abraham Hilton Culib and George Grainger and to the survivor of them and to the executors administrators and assigns of the survivor of them All the said £300 with all interest thereof then to be due and in arrear without fraud or delay which said £300 shall be lent on mortgage of land or shall be applied to purchase Jand sufficient that either the interest of the said Three hundred pounds or produce of the said lands therewith purchased may be applied to and for the uses aforesaid provided always that in case the said Lord Barnard shail think fit durinz his life to pay the said £300 and all interest therefor accrewing and due for the uses aforesaid And for that purpose doe pay in the same to the said new Trustees and the survivors and survivor of them and to the executors and adininistrators of the survivor of them for the uses aforesaid That then it shall be lawful for him the said Lord Barnard soe to doe And thereon he hereby agrees that such new Trustees and the survivors and survivor of them and the executors administrators and assigns of the survivor of them shall use manage and apply the same and the interest thereof for the several and respective uses and purposes aforesaid. 'In witness, &c.

It

appears that the principal sum secured by the above deed passed on the death oi William, 2nd Viscount Vane, grandson of Christopher, Lord Barnard, into the hands of David Papillon as residuary legatee. The yearly sum of 15l. seems to have been paid by David Papillon until his death in 1809, and thereafter by his son 'Thomas Papillon, senior, until the year 1831.

It is mentioned in the Report of 1829 that the yearly payment was received from Thomas Papillon by Joshua Watson, who acted as the trustee of this Charity. From information collected and furnished to the Charity Commissioners by the late Mr. Henry Lipscomb, of Staindrop, in 1856, it appears that Joshua Watson so acted in virtue of his marriage with Rachel Grainger, a descendant of the founder.

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Siaindrop.

Gruinger's Charitycontinued.

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From the under-mentioned staternent of Thomas Papillon, junior, submitted to the Charity Commissioners in 1855, it appears that in or about the year 1828, Thomas Papillon, at the suggestion of the Commissioners for Inquiring concerning Charities, set on foct certain inquiries as to the yearly payment then made by him, and was informed by Joshua Watson that a Mrs. Elizabeth Brady (who appears to have been his daughter by Rachel his wife above-mentioned) was the trustee of the Charity fund; but Nrs. Brady, upon being applied to, could not satisfy Mr. Papillon as to when or in what manner the trust devolved upon her. In August 1831, Mr. Papillon was informed by the vicar of Staindrop that the bond upon which the principal sum had been secured appeared to be lost, and that no trace could be found of Job Grainger's will.

In the foregoing circumstances Mr. Papillon suspended payment of the yearly sum of 151., and took counsel's opinion as to the course he should adopt. It is stated that he was advised by counsel to continue the suspension of the yearly payment on the

the ground that, although a doubt might arise as to whether the long period of payment without demur on his part might not render him liable, yet that the so-called trustee could in no wise substantiate her claim, and no one appeared who could give a legal discharge.

It is also stated that in June 1833, Mr. Papillon addressed a communication to the former Commissioners for Inquiring concerning Charities, informing them, in reply to an inquiry by them as to his reason for suspending the payment, that the above-mentioned David Papillon, his father, never made him acquainted with any circumstances

connected with this annual payment, and that it appeared probable, either that • David Papillon had continued the payment thoughtlessly and unnecessarily, as he had • himself done for many years, or that no person existed who was legally authorised to • receive ibe principal.'

Efforts appear to have been made by Mr. John Hanson and others to induce Mr. Papillon to reconsider his decision. The following is a copy, omitting the merely formal parts, of a letter, dated 28th November 1834, addressed by Thomas Papillon, senior, to the Rcy. J. W. D. Merest, vicar of Staindrop :

I an extremely obliged to you for so explicitly answering the queries put to you relative to the proper appiication of the funds, the character of the schoolmaster, and the religious instruction of the scholars, and if I had received, in addition to the very gratifying report with which you favoured me, any solid information whatever from my correspondents, I doubt not that I should long ere this have complied with their demande.

I lay by 15l. every year that I may be ready to renew the payment and arrears due as soon as the parties concerned can substantiate their claim to my reasonable satisfaction.

In these circumstances, the Charity remained in abeyance until the year 1855, when Thomas Papillon, junior, being, as above-mentioned, the son and executor of Thomas Papillon, senior, submitted to the Charity Commissioners the statement above referred to, dated the 19th February 1855, whereby after setting forth the facts as known to him, he offered as the assignee of Jobo Grainger to transfer the sum of 3001. to the Official Trustees of Charitable Funds.

It appears from the correspondence in the office of the Charity Commissioners that, in January 1856, Mr. Henry Lipscomb drew the attention of Mr. Thomas Papillon, junior, to the above letter of the 28th November 1834. In these circumstances by letter dated the 20th March 1856, Mr. Papillon intimated to the Charity Commissioners that he was prepared to pay the sum of 3901. to the Official Trustees of Charitable Funds in satisfaction of all claims in respect of the Charity.

The sum of 3901. was accordingly under the authority of an Order of the Charity Commissioners of the 1st April 1856, paid by Mr. Thomas Papillon to the Official Trustees of Charitable Funds, and invested by them in the purchase in their vame of 4181. 158. 10d. Consols in trust for Grainger's Charity.

It appears that the only school in Staindrop at this date was the National School, comprised in an indenture of the 11th April 1855, referred to below.

Ic the result of correspondence between the Charity Commissioners, the Rev. H. C. Lipscomb, and Mr. Henry Lipscomb, the Commissioners issued their certificate, dated 1st September 1856, authorising the Rev. H. C. Lipscomb and another inbabitant of Staindrop to apply to the County Court for a Scheme for the regulation of the Charity.

Accordingly, by Order of the County Court dated the 13th November 1856, and duly approved by the subsequent certificate of the Charity Commissioners, the following were appointed trustees of the Charity, viz. :-" The Rev. H. C. Lipscomb, vicar of the

parish of Staindrop, and William Hodgsou, Robert Graham, Leonard Raw, Jobn

Rayson, and William Watson Hawdon, the churchwardens and chapelwardens of the “ several townships comprised in the said parish of Staindrop, by virtue of their

,

Transfer to
Official
Trustees,
1856.

a

Scheme of County Court, 1856.

" respective offices, and Thomas Freshfield Scarth and John Hanson "; and the Staindrop.

. following Scheme was established for the administration of the Charity :

Grainger's 1. The vicar of the parish of Staindros, and the several church wardens and chapelwardens of the Charityseveral townships which are comprised in the same parish for the time being, by virtue of their continued. respective appointmenis, Thomas Freshfield Scarth, of Kedelestone, in the same parish, Esquire, and John Hanson, of the same parish, gentleman, shall be the trustees of the Charity, which shall be called Grainger's Charity, and in case of a vacancy in the trust by the deatli

, resignation, or incapacity to act of the said Thomas Freshfield Scarth and John Hanson, or of any future trustee other than the vicar and church wardens for the time being as aforesaid, the trustees for the time being shall appoint some fit and proper person who shall be resident in the said parish to succeed to such vacancy, provided that due notice of every such appointment be transmitted by the trustees to the Charity Commissioners for England and Wales at their office in London, and that no such appointment shall be valid until the same shall have been approved by the certificate of the said Commissioners.

2. The trustees shall hold meetings at some convenient place within the parish at least twice in each year, on the 16th day of February and the 16th day of August, or, if either of those days should fall on a Sunday, then on the Nionday following. The vicar, if present, shall be the chairman at every meeting. In the absence of the vicar the senior trustee present according to the date or order of his appointment shall be the chairman. Three trustees shall form a quorum at any meeting.

3. Any two trustees may summon a special meeting upon giving seven days' previous notice to the other trustees. No notice need be given for the regular half-yearly ineetings.

4. All matters and questions shall be determined by the majority of the trustees present at any meeting. In case of equality of votes the chairman of the meeting shall have a double or casting vote.

5. A minute book and proper books of account shall be provided by the trustees and kept in a suitable chest or in some other convenient and secure place of deposit to be provided for that purpose by the trustees. A minute of the entry into office and the appointment of every new trustee and of all proceedings of the trustees and all matters determined by them at each meeting shall be entered into the minute book and signed by the chairman at the termination of the proceedings.

6. Proper accounts shall be kept of the receipts and expenditure of the trustees in respect of the Charity in the books to be provided for that purpose, and suuh accounts shall be examined and passed by the trustees annually at the February meeting and signed by the trustees then present, and such accounts shall

also be audited annually at a meeting of the parish vestry at the first vestry meeting held after the February meeting.

7. The trustees shall from time to time at some general or special meeting (at which all the trustees shall be present) by a resolution to be entered in the minute book appoint some person being a trustee to act as their treasurer, and such treasurer shall receive the dividends and income of the said Charity and apply the same under the immediate control and superintendence of the trustees, who shall be responsible for the due application by such treasurer of the moneys to be received

8. The trustees shall pay the whole of the income of the Charity to the master for the time being of the school which is known as “The Staindrop National School,” subject however to the provisions and directions hereinafter contained, that is to say, upon condition that the master for the time being of the said school, to whom the income of the said Charity shall be paid, shall so long as the same is paid to and received by him afford gratuitous instruction to not less than 10 poor children of either sex, resident within the parish of Staindrop, to be called “The Grainger Free Scholars,” and to be nominated and selected without reference to their religious persuasion from time to time by the trustees of the Charity at some general or special meeting to be holden as hereinbefore mentioned.

9. The secular instruction to be afforded to “The Grainger Free Scholars” at the said school shall comprise reading, writing, spelling, English grammar, history, geography, arithmetic, and vocal music, and such subjects of general and useful knowledge as may from time to time be taught in the said school. The religious instruction to be afforded to them shall comprise the Bible and Bible history and (subject to the provisions hereinafter contained) they shall be instructed in the Church catechism, and the religious instruction shall be consonant with the principles and doctrines of the Church of England.

10. "The Grainger Free Scholars” shall be required to attend either at the Staindrop School or at the Ingleton School on Sundays, and also to attend Divine Service in the parish church or in the church of the chapelry of Ingleton at least once every Sunday, subject to the provision next hereinafter contained.

11. No child being one of “The Grainger Free Scholars” shall be compelled to receive instruction in the Church catechism or in any peculiar doctrines or principles of the Church of England, or to attend either of the Sunday schools as aforesaid, or the parish church or the church of the chapelry of Ingleton on Sundays whose parents, or either of them (or in case of the death of the parents the person acting in loco parentis with respect to the child), shall declare in writing that they are dissenters and entertain conscientious objections to such instruction or to such attendance on Sundays, and shall undertake that the child shall be provided with other religious instruction and shall attend some other place of worship at least once on each Sunday.

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Staindrop.

Grainger's Charitycontinued.

12. An annual examination of “ The Grainger Free Scholars” at the said school shall take place, in the presence of the trustees on some day to be appointed by them, and subject to any rules that they may prescribe, such examination shall Le conducted by some person to be appointed or approved by the trustees for the purpose.

13. The said schools shall be open to the visitation and inspection of Her Majesty's Inspectors of Schools and of the Diocesan Inspector (if any).

14. Lists of the names of “ The Grainger Free Scholars,” specifying their respective ages and the dates of their admission, shall be entered in books to be kept for that purpose by the trustees of the Charity and by the master of the said school for the time being, and in case any of “The Grainger Free Scholars” shall be guilty of gross misconduct or insubordination or shall wilfully transgress the rules of the school, the master may report the case to the trustees of the Charity, who, after due inquiry, may order the admonition and suspension or expulsion of the uffender.

15. In case the said “Staindrop National School ” shall at any time be discontinued or the provisions hereinbefore contained shall not be duly observed, then and in such case the trustees of the said Charity shall cease to apply the income of the said Charity in aid of the salary of the present or any future master of the said school, and shall thereupon, with the sanction of the Charity Commissioners for England and Wales first had and obtained, apply the same for the purpose of providing gratuitous instruction for the poor children of either sex resident within the said parish to be nominated and selected as hereinbefore directed.

16. A copy of this Scheme shall be kept with the books of account and other documents belonging to the Charity, and every parishioner and other person interested in the Charity shall be at liberty to take copies of the Scheme or any part thereof (upon making an application for that purpose to the trustees) at such reasonable times and subject to such reasonable conditions as may be fixed and prescribed by the trustees.

17. If any doubt or question shall arise amongst the trustees or any of them as to the construction or proper application of any of the provisions of the Scheme or the management of the Charity, application shall be made by the trustees to the Charity Commissioners for England and Wales for their opinion and advice, which, when given, shall be conclusive on the trustees.

On the 18th February 1857 the Charity Commissioners received a letter from the Rev. H. C. Lipscomb on behalf of the trustees, inquiring whether the trustees had

power under the above Scheme to apportion one-third of the income of the Charity to the master of the Ingleton parish school. In their reply, addressed to Mr. Lipscomb on the 20th February 1857, the Commissioners stated that in pursuance of the 8th clause of the Scheme the whole of the income of the Charity should be paid by the trustees to the master of the Staindrop National School upon the condition of his providing gratuitous instruction for not less than 10 poor chiidren of the parish, unless some private arrangement were made with the concurrence of the master of that school for transferring a portion of the income to the master of the Ingleton School.

By Order dated the 24th May 1872, the Charity Commissioners approved the appointment of William Thomas Scarth to be a trustee of the Charity in the place of Thomas Freshfield Scarth, deceased. Mr. William Thomas Scarth died in 1898, and neither the vacancy caused by his death nor that caused by the death of Mr. John Hanson many years previous has been filled up.

In 1895 the Charity Commissioners received a communication from the Staindrop Parish Council inquiring whether the council were entitled under the provisions of the Local Government Act, 1894, to appoint trustees of this and other Charities in the township of Staindrop in place of the churchwardens. By letter addressed to Mr. G. D. Pearson on the 13th May 1895, the Commissioners informed the parish council that for every churchwarden appointed exclusively for the civil parish or township of Staindrop they would be able to appoint a trustee of (inter alia) Grainger's Charity.

As stated above, p. 4, it appears that during the years 1891-1893 two churchwardens were for a special reason appointed exclusively for the township of Staindrop, but since 1893 only one church warden has been so appointed in each year. It appears, however, that the parish council in 1895 in fact appointed two trustees of this and other Charities under the Local Government Act, 1894, section 14 (2). A gain, by resolution of the parish council of the 15th April 1897, Thomas Tarn was appointed to be a trustee of this and other Charities for four years ending 15th April 1901, and by resolution of the parish council of the 15th April 1899, John Fawcett was appointed a trustee of this and other Charities for the four years ending 15th April 1903.

In the above circumstances only one trustee can be recognised as legally appointed by the parish council.

The churchwardens or chapel wardens of Ingleton appear to be trustees of the Charity under the Scheme of 1856, but they do not act in the administration of the trusts; and generally the provisions of the Scheme with regard to the meetings and proceedings of the trustees do not appear of late to have been observed.

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