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HERTFORD v. POOR OF HERTFORD [1713]
II BROWN.

however, appears to have been done under this decree; for the corporation still continued to hold and enjoy the meadow as before. And another commission of charitable uses having issued in the year 1681, the inquisition taken thereupon, found the grant of this meadow from the Crown to the corporation; and by the decree of the commissioners, founded on this inquisition, it was decreed, that the said grant was for the proper use of the corporation, without any trust for the poor.

But by an inquisition grounded on a third commission of charitable uses, which issued in the year 1708, it was found, that a certain tenement called the Chequer Inn, and four other tenements called Hodges Rents, were severally purchased by the corporation with the poor's money; and that nineteen acres of meadow called the King's Mead, was granted to the corporation by King Charles I. for the use and benefit of the poor; and that the said charities had been misapplied, and converted by the corporation to their own use whereupon, and upon hearing the evidence on both sides, the commissioners, on the 13th of December 1708, decreed, that the said tenements called Hodges Rents, and the said Chequer Inn, were purchased with the poor's money; that the conveyances thereof, which were made to the Mayor of Hertford and others, in or about the year 1633, were so made in trust for the poor; and that the rents and profits thereof ought to have been applied for their support and benefit, from the time of such purchase; and decreed the corporation to account for the same accordingly. The commissioners also decreed, that the King's Mead was granted by King Charles I. to the corporation, for the use of the poor, and that the said corporation should account for the rents and profits thereof, at the yearly value of £15 11s. 10d. with interest for the same, from the 14th of January 1645, at the rate of £5 per cent. and that they should, on the 19th of January then next, pay, for the use of the poor, the sum of £2495 7s. deducting thereout the £100 paid by the corporation for the grant of the inheritance, with interest for the same.

To this decree of the commissioners, the corporation filed several exceptions in the Court of Chancery; which being answered on behalf of the poor, divers witnesses were examined on both [379] sides, and publication passed; but before the cause came on to be heard, the respondents were informed, that there were several books and papers in the custody of the corporation, which they had concealed from the commissioners and which were material evidence for the respondents, and proper to be made use of by them at the hearing of the cause; and therefore, on the 30th of June 1709, they moved, that the corporation might, on oath, produce the said deeds books, and writings before a Master; which was ordered accordingly.

In consequence of this order, some of the corporation, viz, the Mayor, Recorder, and two of the Aldermen, made an affidavit, that they had no books, evidences, or deeds, to their knowledge, belonging to any of the charities in question, save what were already before the Master, and what were mentioned in a schedule annexed to this affidavit. But the Mayor being afterwards charged by the agent for the respondents, with having the custody of a large folio book, intituled The Burrough of Hertford, more remark able, as well as more material, than any which had been produced, he acknowledged that the corporation had such a book; whereupon an order was made, that the said book should be produced at the hearing of the cause.

On the 23d, 24th, and 26th of November 1709, the cause was heard before the Lord Chancellor Cowper, who decreed, that the corporation ought to be charged with the rent of the tenements called Hodges Rents, from Michaelmas 1646, inclusive, at £3 13s. 4d. per ann. deducting thereout the yearly sum of £1 6s. 8d: which they paid annually to their poor; and also with the sum of £29 for a fine received by the corporation for these premises, together with interest for the same, from the 1st of September 1701. And as to the meadow called King's Mead, it was declared, that the grant thereof was procured by petitions, preferred to the Crown on behalf of the poor, and that the same was a charity for the poor; and therefore it was decreed that the corporation should account for the rents and profits of the said meadow, from Michaelmas 1646, inclusive; and that for avoiding the charge and delay of examining into the value thereof, it should be accounted for at £14 per ann. And upon that account the corporation was to be allowed the £100 paid by them for the purchase of the meadow, together with the interest thereof, and the reserved fee-farm rent of £4 14s. 4d. and what they had paid for taxes: and in taking this account, the Master was to make a rest from year to year; and when it should thereby appear that the £100 and

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