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Staindrop. Henry Duke of Cleveland's Charity--continued.

William Thomas Scarth, of Keverstone, near Staindrop aforesaid, and Henry Lipscomb, of Staindrop aforesaid, Esquires, of the other part, reciting that the said Henry Duke of Cleveland was seized in fee simple in possession of the messuages lands and hereditaments described in the first Schedule thereunder written, and was also possessed of the leasehold messuage or tenement land and premises described in the 2nd Schedule thereunder written for a term of 1,000 years from the 15th day of August 1718, created by the will of William Lord Viscount Dunbar deceased, and commencing from his decease which happened on that day, and was also possessed in fee simple in possession of a piece of ground described in the 3rd Schedule thereunder written, and that he had erected or was in course of erecting upon such lastly mentioned piece of ground 12 messuages or tenements for the purposes thereinafter mentioned, and that he was desirous of settling all the said messuages lands and hereditaments upon the trusts and subject to the powers and provisions thereinafter expressed and contained, and had requested the said Harry Curteis Lipscomb, W. T. Scarth and Henry Lipscomb to act as trustees thereof, which they had consented to do: It was witnessed that in pursuance of and for carrying into effect the said desire, he the said Henry Duke of Cleveland thereby granted and confirmed unto the said Harry Lipscomb W. T. Scarth and Henry Lipscomb and their heirs All that freehold messuage or tenement with the stable barn and other outbuildings and fold yard thereunto adjoining and belonging, and all those two cottages and several closes or parcels of land also thereunto belonging or therewith held and enjoyed, situate in the township of Stapleton otherwise Stappletonon-Tees in the parish of Croft in the North Riding of the county of York, containing in the whole 104a. 3r. 34p. or thereabouts, more or less, and called or known by the general name of Raymer otherwise Remer Farm and all more particularly described in the first Schedule and on a plan drawn on the now abstracting indenture, and also All that freehold parcel of ground situate at Staindrop in the county of Durhamn, and all those 12 messuages or tenements thereon lately erected and built and more particularly described in the 3rd Schedule and on a plan map or drawn on the same indenture, with the appurtenances, to hold the same unto and to the use of the said Harry Lipscomb, W. T. Scarth and Henry Lipscomb, their heirs and assigns, upon the trusts and subject to the provisions thereinafter expressed and contained of and concerning the same; and by the same indenture and in further pursuance of and for carrying into effect the said desire he the said Henry Duke of Cleveland, granted, &c., unto the said Harry Lipscomb, W. T. Scarth and Henry Lipscomb, their executors administrators and assigns, All that leasehold messuage or tenement with the garden orchard and curtilage thereunto belonging, and all that cowhouse and all those several closes or parcels of land also thereunto belonging or therewith held and enjoyed, situate and being in the township of Stapleton otherwise Stappleton on Tees, in the chapelry of Barton, in the parish of Gilling, in the said county of York, containing in the whole 181a. 3r. 18p., or thereabouts, and called or known by the general name of The Grange or Stapleton Grange Farm and more particularly described in the 2nd Schedule and on a plan drawn on the said indenture, with the appurtenances, to hold the same unto the said Harry Lispcomb, W. T. Scarth and, Henry Lipscomb, their executors administrators and assigns thenceforth for the unexpired residue of the said term of 1,000 years therein created as aforesaid, but nevertheless upon the trusts and subject to the provisions thereinafter expressed and contained and it was thereby agreed and declared that they the said Harry Lipscomb, W. T. Searth and H. Lipscomb, their heirs and assigns, or other the trustees for the time being of the now abstracting indenture, should stand possessed of the messuages land hereditaments and premises thereinbefore conveyed and comprised in the 1st and 2nd Schedules thereto, upon the trusts following, viz., Upon trust to demise and lease all or any of the same premises either together or separate and in parcels, and either from year to year or for any term or terms of years at their discretion, so as there should be reserved in every lease the best yearly rent or rents that could be reasonably gotten for the same without taking anything in the nature of a fine or premium, and with such conditions in every such lease as to them the said trustees for the time being of the same indenture should seem reasonable; and further to manage or superintend the management of the said premises with full power to fell timber or cut underwood from time to time in the usual course for sale or otherwise, and to erect, pull down, and repair houses and other buildings and erections, and to drain or otherwise improve all or any of the said premises, and to insure houses buildings or other property against loss or damage by fire, and to make allowances to and arrangements with tenants and others, and to accept surrenders of leases or

continued.

tenancies, and generally to deal with the premises as they might do if they were the Staindrop. absolute owners thereof; and to stand possessed of and interested in the rents and Henry profits of the said premises, including the produce of the sale of timber or underwood, Duke of if any, upon the trusts thereinafter declared thereof; And it was thereby agreed and Cleveland's declared that the said trustees or other the trustees for the time being should stand Charity possessed of the parcel of ground and messuages comprised in the 3rd Schedule, upon the trust following, viz., upon trust to permit and suffer each and every of the 12 almshouses, together with the gardens and appurtenances thereunto respectively belonging, to be from time to time and at all times thereafter held, occupied, and enjoyed by such aged man or woman, or aged man and wife, being of the age of 60 years and upwards, as the said Henry Duke of Cleveland during his life should nominate and appoint for that purpose, and after his decease as the vicar of the said parish of Staindrop for the time being should nominate and appoint, or in case of there not being at the time of any vacancy a vicar of the said parish, or in case of such vicar refusing or neglecting for the space of three calendar months to make any such nomination or appointment, then as the majority of the trustees for the time being of the now abstracting indenture should nominate and appoint; and further that the nomination and appointment of any aged man or woman, or aged man and wife, should be deemed to be an appointment in the case of any aged man or woman during the life of the person so appointed, or until his or her marriage, and in the case of any aged man and wife during the life of them and the survivor of them, provided such survivor should after the decease of the other continue unmarried, unless such person or persons should act in such a manner as to induce a majority of the trustees for the time being to concur in a resolution for his, her, or their expulsion from the premises, in which case he, she, or they shall be liable to be immediately expelled therefrom without appeal; And it was thereby agreed and declared between and by the said parties thereto, and particularly by and on the part of the said Henry Duke of Cleveland, that the said trustees or other the trustees for the time being of the same indenture should stand possessed of such rents and profits as aforesaid of the messuages, cottages, parcels of ground, and premises comprised in the 1st and 2nd Schedules thereto, upon the trusts and in manner following, viz., Upon trust with and out of the same in the first place to pay and discharge all the costs, charges, and expenses to be incurred or sustained in or about carrying the trusts thereby created into execution, and in the next place to pay and discharge all the rates, taxes, assessments, and other outgoings for the time being payable for or in respect of the said trust, hereditaments, and premises or any of them, and also all the costs and expenses of keeping the said trust, hereditaments, and premises from time to time in good and sufficient repair, and in keeping the messuages or tenements and other buildings thereon insured against loss or damage by fire in some respectable office or offices of insurance in London or Westminster in such a sum or sums of money as the trustees for the time being shall think reasonable and proper; and in the next place to pay to each of the aged men or women, or aged man and his wife, who should for the time being occupy the said messuages or tenements or almshouses, the sum of 207. per annum towards his, her, or their respective maintenance and support, such payment to be made on the 25th day of March, the 24th day of June, the 29th day of September, and the 25th day of December in every year by equal quarterly payments without any deduction, every man and his wife living together in one almshouse to be entitled only to one annual payment of 201.; and to pay the residue of the said annual rents and profits which should remain after answering the several trusts and purposes thereinbefore expressed to the vicar for the time being of the vicarage of Staindrop for his own benefit in augmentation of the yearly income of the said vicarage; and it was further agreed and declared that the occupant or occupants for the time being of any of the said almshouses should not be allowed to have any child or children or other person or persons to reside permanently with him, her, or them; provided that if any trustee should die, or go to reside beyond the seas, or be desirous of being discharged, or decline or become incapable to act, it should be lawful for the said Henry Duke of Cleveland during his life, and after his decease to the surviving or continuing trustee or trustees for the time being of the same indenture (and for this purpose a retiring trustee should, if willing to act in the execution of this power, be considered a continuing trustee) or to the acting executors or administrators of the last surviving or continuing trustee, by any deed or deeds, instrument or instruments in writing to be by them or him sealed and delivered in the presence of and to be attested by two or more credible witnesses, to substitute and appoint any other person or persons to be a trustee or trustees in his place.

Staindrop. Henry Duke of Cleveland's

Charity

continued.

The first Schedule above referred to.

A particular of the freehold messuage, cottages, closes or parcels of land and premises called Raymer otherwise Remer, Farm above mentioned.

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A. particular of the leasehold messuage or tenement, cowhouse, closes or parcels of land and premises called the Grange or Stapleton Grange Farm above mentioned.

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All that piece or parcel of land situate in the township precincts, or territories of Staindrop, in the county of Durham, containing by admeasurement 2r. 2p., being part of a certain close or parcel of land called Cathericks Garth, containing la. 2r. 38p. and now or late in the occupation of the said Henry Lipscomb, Esquire, as tenant thereof, bounded on the north-east and east sides thereof by a footpath on the south side thereof by land of the said Henry, Duke of Cleveland, on the west partly by land of Mr. H. Bourne, and partly by land of Catherick, and on the north in part by the said land

of the said Catherick, and in part by a road to and from which the right of way next hereinbefore Staindrop. mentioned is reserved, together with the 12 messuages or tenements now erected or in course of erection

Cleveland's

on the said parcel of land or on some part thereof and intended to be used as almshouses, except and Henry always reserved out of the conveyance intended to be made by these presents to and for the said Duke of Henry Duke of Cleveland and his assigns and the owners and occupiers for the time being of the Charityparcel of land adjoining the south side of the parcel of land intended to be conveyed by these presents, continued. a right of way at all times with or without horses, cattle, carts, and other carriages to and from the said road at the north side of the premises intended to be hereby conveyed from and to the said parcel of land at the south side of the said premises as the said parcel of land intended to be hereby conveyed and the said right of way are delineated on the said map or plan endorsed on the said 2nd skin of these presents.

It appears from the correspondence in the office of the Charity Commissioners that in or about the year 1870, the trustees of the Charity raised a loan of 1,2001. from the Lands Improvement Company upon the security of the lands belonging to the Charity. The loan was to be appropriated for the following agricultural improvements, viz., 5097. to drainage, 100l. to embanking, and 600l. to farm buildings, and was to be repayable by half-yearly instalments over 25 years. The charge referred to in this correspondence was finally paid off in 1897.

By Order of the Charity Commissioners of the 30th August 1892, Lord Barnard was appointed to be a trustee of the Charity jointly with the Rev. H. C. Lipscomb, and William Thomas Scarth, since deceased, the continuing trustees thereof, and the real estate belonging to the Charity was vested in the Official Trustee of Charity Lands. Lord Barnard and Canon H. C. Lipscomb are the present trustees of the Charity. The following schedule shows the present state of the endowments :—

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The two farms at Stapleton are now let as one farm. The rent of the farms was 4501. a year at the date of the trust deed, and 460l. in 1881.

In January 1900 the trustees applied to the Charity Commissioners for leave to apply a sum of 391., realised by the sale of timber, as residuary current income of the Charity applicable for the vicar of Staindrop. In support of this application Lord Barnard, in a memorandum submitted by him to the Charity Commissioners on the 29th January 1900, pointed out that from 1893 to 1895 the following sums had been expended on extraordinary repairs and improvements at the farms belonging to the Charity

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An additional sum of 391. 1s. 6d. was expended in repairs in 1898. In these circumstances the Charity Commissioners authorised the trustees to treat the above sum of 391. in the way proposed.

The above-mentioned extraordinary expenditure on repairs was incurred under the direction of the late Mr. William Thomas Scarth, one of the trustees of the Charity and agent of the Raby Estates, who undertook the management of the property from 1885 to 1898, without charge to the Charity.

Staindrop.

Henry Duke of Cleveland's Charity

continued.

It is anticipated by the trustees that it may eventually be possible to effect a sale of the property on advantageous terms, the estate being favourably situated for residential purposes in the neighbourhood of the town of Darlington and overlooking the valley of the Tees.

The following is a statement of the receipts and expenditure of the Charity for the two years ending 31st December 1899:

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Scarth
Memorial

Hall.

It was explained by the trustees that it is necessary to keep a considerable balance in hand for purposes of estate management. The balances of the above accounts include the sum of 391. received by sale of timber, which has since been paid to the vicar as income of the trust under the circumstances referred to on the preceding page.

The almshouses form a long two-storied building solidly built of stone. Each tenement is a self-contained house with a kitchen and pantry on the ground floor and a bedroom on the upper floor; each has a strip of garden in the front, and back-yard with offices. The almspeople are appointed by the vicar in accordance with the trust deed, and receive the stipend of 207. per annum as prescribed. There were three married couples among the inmates at the date of the Inquiry.

Scarth Memorial Hall.

This building was erected in or about the year 1874, by means of voluntary subscriptions, as a memorial to the late Mr. Thomas Freshfield Scarth, who was for many years agent to the Raby Estates. The site was conveyed by deed dated 30th March 1874 to the late William Thomas Scarth, Joseph Lax, and others, absolutely. By deed dated 2nd October 1893, the property was conveyed by William Thomas Scarth and Joseph Lax to Lord Barnard and F. F. Downward jointly with themselves upon charitable trusts as follows:

"Upon trust from time to time to let the said hall or permit the same or any part thereof to be used by any person or persons whom the trustees may think fit for the purpose of lectures, concerts, balls, public meetings or any other purpose or object of a social, literary, scientific, religious, or political character, and in reference to such letting and use of the said hall, it is hereby declared that a scale of charges to be paid by persons hiring or using the same and for lights, fire, and attendance or other expenses in connexion therewith, and a code of rules and regulations in respect of such lettings and use, shall be settled and agreed on every two years at the least by a meeting of all the trustees or such majority of them as herein-after mentioned."

The provisions of the Mortmain and Charitable Uses Act, 1888, sect. 4, as to double attestation and enrolment, were not complied with in regard to the last-mentioned deed. The Charity Commissioners, however, decided, on application being made to them, that they had jurisdiction in the matter.

Mr. William Thomas Scarth died in August 1898, and Mr. F. F. Downward has, it is stated, left the country with the intention of permanently residing abroad.

On the 22nd June 1899, the Charity Commissioners received an application, signed by Lord Barnard and Mr. Joseph Lax, for an Order establishing a Scheme for the administration of the Charity. A draft Scheme was accordingly prepared by the Charity Commissioners and communicated by them to the trustees on the 10th August 1899. The draft Scheme provided for the vesting of the property in the Official Trustee of Charity Lands, and for the constitution of a body of trustees, to consist of eight persons,

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