and occupations, such as shoemaking, tailoring, baking, brewing, and ropemaking, washing, household and needlework.

10. The raw materials necessary for the purpose are purchased by the governors. No more goods are manufactured than are necessary for the teaching, practically, the sciences, occupations, and trades in which the inmates are instructed. Some of the articles so manufactured are sold to the public; but the only articles sold are those which are not required for consumption in the hospitals of Bridewell or Bethlehem—such as the surplus of the twine and mats not used.

11. The money, about 2001. a year, received from the sale to the public of the articles which are not consumed in the hospital, is brought into the general funds of Bridewell Hospital, and forms part of the fund for the purchase of other materials, to be also manufactured by and in teaching the inmates; and the governors do not derive any profit or advantage whatever from the sale of any articles manufactured as aforesaid.

12. The whole of the funds of the hospital are applied solely for the purposes of the charity, and for none other, and none of the governors do or have receive or received, derive or derived, nor by the regulations and laws of the said last-mentioned hospital, or by the constitution thereof, could or can they receive or derive any compensation, emolument, profit, advantage, or benefit whatsoever, having no interest whatsoever, being governors appointed under the authority of the charter.

13. The regulations in the standing rules and orders of Bridewell Hospital are adhered to, and a printed copy of such standing rules and orders accompanies this case.

14. Setting out the 28th section of the Act of 50 Geo. 3, c. 45, as in the case of Bethlehem Hospital (suprà, p. 249).

15. It was contended, on the part of the appellants, that the House of Occupations, so assessed as aforesaid, was not rateable, upon (amongst others) the following grounds, viz.: That it was a charitable institution, used and occupied entirely for charitable purposes, and not beneficially, or as a source of profit or emolument. That it was part and parcel of a charitable institution used and occupied entirely for charitable purposes, and not beneficially, or as a source of profit or emolument. That it was a public institution, used and occupied entirely for public purposes, and not beneficially, or as a source of profit or emolument. That it was part and parcel of a public institution used and occupied entirely for public purposes, and not beneficially, or as a source of profit or emolument; and that it was part and parcel of a royal foundation, instituted, used, and occupied for public purposes only, and that the appellants were mere trustees, without beneficial interest.

16. It was also contended by the appellants that the House of Occupations was exempted from liability to the rate by the 28th section of the local Act, 50 Geo. 3, above alluded to.

17. On the part of the respondents, it was contended that the charter of Edward the Sixth did not empower the mayor, commonalty, and citizens to erect a House of Occupations elsewhere than within the Bridewell; and that the House of Occupations is rateable, and that the appellants are liable to the payment of the rate, under the 1st section of the local Act above alluded to.

18. The said several charters and Acts of Parliament, deed of settlement, and the standing rules and orders of the Bridewell Hospital, are printed and accompany the case, and the lease referred to is set out in the appendix, the whole of which printed documents and appendix are to be considered as part of this case.

The question for the opinion of the Court is whether the House of Occupations, so rated as aforesaid, is or is not exempt; if the Court shall be of opinion that it is so exempt, then so much of the assessment as relates thereto is to be struck out, and the order of Sessions to be confirmed. If the Court shall be of a contrary opinion, then the order of Sessions is to be quashed, and the original rate to be confirmed.

The material parts of the documents referred to in the above case, and set out in the appendix thereto, were as follow:

Charter of Edward VI. (26th June, 1552).

"Forasmuch as We, mercifully considering the miserable estate of the poor, fatherless, lame, aged, sick, sore, and weak, afflicted with divers and sundry kinds of diseases, and considering the honest and godly endeavours of our most humble and obedient subjects, the mayor and commonalty and citizens of the city of London, who diligently, by all manner of means and ways, study and travail for the good provision of the aforesaid people, and for every sort of them, and that in such wise that neither the children, being yet in infancy and tender age, shall lack honest bringing up and watching, (a) neither when they shall be of riper years shall they be destitute of honest means and occupations wherein to exercise and occupy themselves, as well to their own commodities as also to the commodity and profit of the commonweal; neither that the sick and diseased persons, when they shall by their charitable provisions and means be recovered and restored unto health, shall then again, as slothful and idle persons, be permitted to beg and wander abroad as vagabonds, to the displeasure of Almighty God and grief of good people, but that they shall also be forced to practise and exercise themselves in honest and profitable sciences and occupations: Wherefore know ye, that we, as well for the consideration aforesaid, of our special goodness, &c., desiring not only the furtherance, amplifying, and increase of so honest and so noble a work, but also having vouchsafed to take upon us the name and patronage of this most excellent and laudable foundation, now for evermore to be established, we have therefore given and granted, and by these presents do give and grant, unto the mayor and commonalty and citizens of our city of London all that our manor, chief messuage, tenement, and mansion-house, called Bridewell, alias Bridewell Place, with all and singular the rights, members, and appurtenances, set, lying, and being in the parish of St. Bride, in Fleet-street, in London, &c., excepted, and always unto us and our heirs reserved, the chief and head messuage of the said late hospital, called the Savoy House, with the site and church of the same, &c. &c. We have also given and granted unto the said mayor, commonalty, &c., for the further sustentation of those poor which shall be maintained within our said manor of Bridewell, all manner of implements, &c., belonging as well to our said house of Bridewell, as all and singular beddings, utensils, and necessaries lately belonging unto our said late hospital of the Savoy, &c.

"And moreover, of our more abundant grace, &c., we have given and granted, &c., unto the said mayor and commonalty, &c., that they the said mayor and commonalty, &c., may have, hold, and in full right enjoy, all courts leet, &c., and all manner of rights, privileges, liberties, &c., and advantages whatsoever in the said manors, lands, tenements, and other premises, with their appurtenances, &c., as ample manner and form as we now, or our progenitors at any time heretofore, have had, holden, and enjoyed, &c. [License to take in mortmain lands, &c., "to the yearly value of 4,000 marks, within our city of London, or else

in

(a) Alluding to Christ's Hospital.

where within our realm of England, or in Wales, or any other place, &c., within our dominions."] And that our purpose aforesaid may take the better effect, and that the land, tenements, &c., unto the sustentation of hospitals or houses of the poor people aforesaid granted, may be the better governed, maintained, and continued, we will and ordain that the hospitals aforesaid, being thus founded, erected, and established, shall remain and be called from henceforth the Hospital of Edward the Sixth, king of England, of Christ, Bridewell, and St. Thomas the Apostle; and that the said mayor and commonalty, &c., shall hereafter be named and called the governors of the possessions, revenues, and goods of the said hospitals, commonly called, &c.; and that the same governors shall be one body corporate for ever, by the name of the governors, &c. We do give and grant unto the said mayor and commonalty, &c., liberty and authority that they may at all times and always hereafter, when and as often as it shall be thought unto them convenient, or necessity shall so require, to ordain, constitute, and make all manner of decrees, convenient, wholesome, and honest ordinances, statutes, and rules for the good government of the poor in the said manor or house called Bridewell Place to be supported, or in those houses called Christ and St. Thomas's Hospital, in Southwark aforesaid, or any of them, as unto them shall seem good; and also full power and authority to examine all and singular persons idly wandering within the city aforesaid and liberties of the same, and to compel them to occupy and exercise themselves, according unto their powers, in honest labours and works, &c.

"And moreover, we give and grant, &c., unto the said mayor, &c., that it shall and may be lawful, as well unto the said mayor, commonalty, &c., as also unto such as the said mayor and commonalty, &c., shall appoint to be officers, ministers, and governors under them of the said manor or house called Bridewell Place, &c., and unto two or three of them, as well within the liberties of the city of London and suburbs of the same, as within our said county of Middlesex, to search and examine diligently for all and all manner of supicious houses, &c., and also for all persons of evil name and fame, whatsoever they be, men or women, and the same, ruffians, tavern-haunters, vagabonds, and beggars, and persons of evil name and fame, not only to apprehend within the said suspected houses, &c., but also the inhabitants, masters, landlords, and keepers of such houses and places, &c., and the same to send and commit to the House of Occupations in Bridewell, or by any other way or means to punish them and every of them as shall be thought good and meet by their discretions: and furthermore, we will that it shall be lawful unto the mayor and aldermen of the city aforesaid, or for the other officers or governors of the poor which shall be assigned under them to govern the said hospitals, to use such manner of corrections and order in the premises as unto them shall be thought most meet and convenient, &c."

Copy of the indenture of covenants between King Edward VI. and the citizens of London, dated 12th June, in the seventh year of his reign (1552). After stating the objects of the charity as in the charter, and the intention to grant that charter, it contains a covenant by the mayor, commonalty, and citizens "for them and their successors to and with our said Sovereign Lord the King, his heirs and successors, that the same mayor and commonalty and citizens, and their successors, shall, within as convenient time as may be, set up and erect within the said manor-house and place of Bridewell good and profitable occupations, and shall train and set on work in the same such of the said poor, which they now have or hereafter shall have and receive within any of their new-erected hospitals of Christ's Church and St. Thomas, in Southwark, as

shall have power and strength, and be meet to labour in some kind of occupation, as the same shall be most apt for." It then grants to the corporation license to take lands in mortmain in London and elsewhere, "to the use and sustentation of the poor of the new-erected hospital of Christ's Church, &c., and of the new-erected hospital of St. Thomas, and to the sustentation of the poor from henceforth to be found and brought up in the said manor-house or place of Bridewell, and for the maintenance of the same House of Occupations ;" and contains a covenant by the corporation, that all the revenues granted by the Crown, or received by virtue of the aforesaid license," shall wholly be bestowed, employed, and go to the relief and sustentation of the poor aforesaid;" and a grant of power to commit persons of evil name, &c., " unto the House of Occupations aforesaid."

Demise of lands contiguous to Bethlehem Hospital for the erection of the Bridewell House of Occupations thereon.

“This indenture, made the 1st day of August, 1828, between Sir Richard Carr Glynn, Baronet, and alderman, president of Bethlehem Hospital, and Richard Clark, Esquire, treasurer of the said hospital, of the first part; the mayor and commonalty and citizens of the said city of London, masters, guardians, and governors of the said house and hospital, called Bethlehem, of the second part; and the mayor, &c., governors of the possessions, revenues, and goods of the hospital of Edward, late King of England, the Sixth, called Bridewell, of the third part; after reciting indenture of 11th July, 1810 (see the case of Bethlehem Hospital, suprà, p. 251), and that the said mayor and commonalty, &c., governors of the said hospital of Bridewell, being about to establish a House of Occupations for the employment and relief of destitute objects of both sexes, and being in want of a piece of ground whereon to erect the same, it was resolved and agreed, at a special court of the governors of the said hospitals of Bridewell and Bethlehem, holden at the said hospital of Bridewell, on the 27th of March last, that so much of the site of Bethlehem Hospital as lies on the east side of the hospital, and was then unappropriated, should be applied to the purpose of the said House of Occupations, on payment, by the governors of Bridewell Hospital, of an adequate rent for such occupation, in order to the advantage of the revenues of the said hospital of Bethlehem, &c.

"Now this indenture witnesseth, that in pursuance of the said resolution of Court, and in consideration of the rent hereinafter reserved, &c., the said Sir Carr Glynn and Richard Clark have, and each of them hath, demised, &c., and by these presents do, and each of them doth demise, &c., unto the said mayor, &c., governors of the said hospital of Bridewell, their successors and assigns, all that piece or parcel of ground, situate, lying, and being in St. George's Fields aforesaid, on the east side of the said hospital of Bethlehem, &c., for and during and unto the full end and term of sixty-one years: reddendum yearly and every year during the said term unto the said Sir Richard Carr Glynn and Richard Clark, their executors, &c., in augmentation of the revenues of the said hospital of Bethlehem, the clear yearly rent or sum of 2007., &c. covenant that they, the said mayor and commonalty, &c., governors of the said hospital of Bridewell, &c., shall and will, with all convenient speed, erect and build upon the said piece or parcel of ground hereby demised, a House of Occupations for the employment and relief of destitute objects of both sexes, and appropriate and employ the whole of the said piece or parcel of ground for the purposes and use of the said House of Occupations, and for none other; and also keep and preserve the said House of Occupations, when the same shall have been so erected, &c., with all and all manner of needful and necessary reparations; and also insure and keep insured the said House of Occupations.

against loss or damage by fire; and in case any loss or damage shall happen by fire upon the said premises, with all convenient speed repair, rebuild, and reinstate the same; and the said House of Occupations, &c., at the end or other sooner determination of the said term, peaceably and quietly leave, surrender, and yield up unto the said Sir Richard Carr Glynn and Richard Clark, or unto the mayor and commonalty, &c., masters, guardians, and governors of the said house and hospital, called Bethlehem, &c.: proviso for re-entry in case of non-payment of rent; or if any breach or non-performance or failure shall happen to be made in any or either of the covenants, conditions, or agreements herein before mentioned, and on the part and behalf of the said mayor, &c., governors, &c., to be performed and kept."

Extract from the "Standing Rules and Orders for the Government of the Royal Hospitals of Bridewell and Bethlehem."

"Bridewell House of Occupations.

"The objects to be taken under the protection of the governors and supported in this house are necessarily limited, under the terms of the charter, to those coming from the city of London (including the royal hospitals), and the county of Middlesex. They are as follow:-Poor or destitute children; poor boys and girls who have lost their characters, or who are prone to evil ways; idle or disorderly vagrants, thieves, and dissolute persons; offenders who have been committed by the magistrates or Sessions to the prisons of the county, or by the city magistrates or Sessions to Bridewell and the prisons of the city of London, and discharged from thence in due course of law or otherwise; prisoners quit at sessions. These may be admitted at the discretion of the committee, provided that they appear to be steadfastly resolved to turn from their evil ways, and that they express their desire to enter into the house to receive instruction and to labour for the knowledge and acquirement of useful manufactures and trades, whereby they may be hereafter enabled to earn an honest livelihood, and become good and profitable members of society."

Saturday, May 1.

Watson and Wallinger, in support of the order of Sessions.-This, also, is the case of a public charitable institution of royal foundation, of which the governors have no possession except for the purposes of the charity. Even the land upon which the House of Occupations is built is held by them under a lease from the governors of Bethlehem, containing a proviso for re-entry if the premises should be applied to any other purpose. The institution is for the reformation of vagrants and others found wandering in certain districts, but that does not confine the benefit to those districts; the whole public is benefited, for they may have wandered from any part of the kingdom. But the main argument on the other side is, that in carrying out the charity a profit is made. That is necessarily the case. In order to teach the inmates" honest sciences and occupations," raw materials must be purchased and converted into articles of value, which are sold in order again to purchase other raw materials; but no greater quantity of such articles is made than the object of the institution requires, and if the produce of the labour of the inmates was not sold, it must be wasted. [They cited Reg. v. Shepherd (1 Q. B. 170), and referred generally to the observations made on the local Act and to the authorities cited in the case of Bethlehem Hospital, suprà, p. 257.]

Thursday, May 27.

M. Chambers, Peacock, and Knapp.-The governors of Bridewell are rateable in respect of the House of Occupations. No exemption can be claimed