omitted them, then both his premises and conclusions were at fault. Mr. Smith at the time of writing his letter to the News in 1852 was residing at Stratford (now White-rock) place, and his close neighbour was Mr. Thomas Ross (1810-1881), at 1 Claremont, who also wrote to the News as follows: —
- “In addition to the application to the Court of Chancery respecting the distribution of the produce of the Magdalen Charity, I learn from an undoubted authority that the Attorney-General has directed proceedings at law to be immediately taken for the recovery of the Ellsworth charity, belonging to the parish of the Holy Trinity. This Charity consists of one fourth of the Priory Farm which is presumed to be held in trust by the Milward family. The intention of the donor was the education of the poor. The cause was before the Court of Chancery in 1818, when Mr. Milward’s objections were overruled and the Master was directed to make certain enquiries, which have not been reported on. The case is now taken up in earnest, and no doubt full justice will be done.”
The discussion on the Ellsworth Charity by the Town Council was reported in chapter XLIV (Hastings, 1850), and the failure to prove the case as represented against the Milward family will be shewn further on. Doubtless, with the best intention and in the interest of the town, this Charity case was espoused by Mr. Ross more warmly than by others; but, as in some other matters, that gentlemen’s zeal carried him beyond the elements of success.
On the 27th of March, 1852, the Hastings Charity case came before the Equity Courts. An order had been made upon petition by which it was referred to the Master to enquire what parishes were comprised within the town and port of Hastings, and how the funds of the Charity had been applied, and to settle a scheme. The present petition was presented by the churchwardens of All Saints and St. Clements, praying that such order might be discharged. It appeared that the then income was £198 per year, arising from the rent of land and the dividends of stock, as well as the produce of some of the land taken by the railway company. No deeds or documents existed to show what was the original foundation, but by an old charter the lands were to be held by the Corporation in trust for the poor of the town and port of Hastings, and the proceeds had been paid to the churchwardens — three fifths to those of St. Clement’s and two fifths to those of All Saints — for a period of 240 years, on the ground that those were the only parishes within the town and port, and therefore the only ones entitled to participate in the charity. The present petitioners had not been served with the original petition, and they now contended that the matter was not one which could be dealt with in a summary manner under Sir Samuel Romily’s Act[1]. Secondly, that the Court would not settle a scheme adverse to the system which had existed for 240 years; and, thirdly, that the two parishes which now received the benefit were the only two entitled, and that the other parishes might be within -
- ↑ Sir Samuel Romilly (1 March 1757 – 2 November 1818), was a British lawyer, politician and legal reformer. The Act referred to provided for summary and therefore speedier resolution of disputes relating to the management of charitable trusts.
