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The Pamphlet Collection of Sir Robert Stout: Volume 14

Lands and Property in Mortmain

Lands and Property in Mortmain.

An Important Exemption from the Death Duties.

According to Sir Arthur Hobhouse ("The Dead Hand"—Chatto and Windus), the number of charitable foundations in the United Kingdom can only be guessed at, and their income baffles calculation. Mr. Gladstone, in 1863, placed the latter at £3,000,000 per annum, varying from a few shillings up to £55,000 a year, but none of it subject to ordinary taxation. Lord Brougham's Commission reported on 29,000 endowed charities discovered by them, but an immense number escaped the commission. Sir A. Hobhouse puts the present number at not less than 40,000 foundations.

The so-called Statute of Mortmain, passed in 1736, did not apply to many classes of institutions or to all property. It dealt with a single abuse, the re-endowment of religious bodies with the lands of the kingdom which had been stripped from them in 1535-1540. In the former year it is somewhat significant that the first Poor Law was found necessary, though Hallam denies that the Dissolution of Monasteries and the enactment of Poor Laws stood in the relation of cause and effect. Bequests for merely religious uses were forbidden, but anything that could call itself charity seems to have been favoured, not only then but all along by the judges of the land.

Abstract of Parliamentary Return (1882) of all Real Property held in Mortmain, or for Charitable, Public, or Perpetual Uses, or in any such way that no Succession Duty is payable thereon.

England and Wales.
Counties. Estimated Extent. 1880-81 Annual Value charged, Schedule A, or Gross Estimated Rental of Properties not charged, Schedule A.
England. A. R. £ s.
Bedfordshire 21,145 1 54,996 7
Berkshire 30,501 1 95,986 19
Buckinghamshire 39,344 2 100,709 18
Cambridgeshire 71,012 3 204,712 19
Chester 10,577 0 190,710 16
Cornwall 12,059 1 37,257 8
Cumberland 26,694 1 52,070 10
Derbyshire 20,152 1 92,648 2
Devonshire 43,130 3 145,014 6
Dorsetshire 16,904 3 49,113 1
Durham 47,729 3 250,001 11
Essex 76,303 1 185,586 15
Gloucestershire 42,880 2 140,214 6
Hampshire 38,201 1 107,879 16
Herefordshire 21,747 0 47,864 11
Hertfordshire 15,149 1 54,803 15
Huntingdonshire 23,041 3 44,701 13
Kent 66,206 3 307,423 14
Lancashire 17,749 3 1,160,768 11
Leicestershire 46,891 1 161,487 6
Lincolnshire 148,313 0 339,695 10
Middlesex 12,980 0 1,904,643 3
Monmouthshire 8,139 0 24,675 15
Norfolk 65,405 0 154,677 15
Northamptonshire 66,658 0 166,115 18
Northumberland 38,579 0 145,571 3
Nottinghamshire 27,507 1 114,137 18
Oxfordshire 61,079 0 194,037 4
Rutlandshire 3,814 0 10,528 17
Shropshire 13,724 0 48,997 6
Somersetshire 89,089 0 169,464 4
Staffordshire 16,754 1 132,786 12
Suffolk 45,797 0 112,970 16
Surrey 16,900 3 362,595 15
Sussex 22,290 3 94,526 2
Warwickshire 37,191 0 282,443 17
Westmorland 8,545 0 21,223 6
Wiltshire 41,122 0 97,075 17
Worcestershire 24,297 1 80,353 10
Yorkshire, East Riding 44,656 0 143,596 8
Yorkshire, North Riding 43,412 0 98,186 0
Yorkshire, West Riding 60,259 1 460,577 11
Wales.
Anglesea 4,348 2 6,730 15
Brecon 2,323 1 6,941 8
Cardigan 1,316 2 3,230 4
Carmarthen 3,915 0 12,440 18
Carnarvon 3,118 3 12,750 16
Denbigh 4,003 0 11,683 19
Flint 1,576 1 6,791 12
Glamorgan 6,999 0 57,892 18
Merioneth 1,728 3 2,763 14
Montgomery 4,815 2 7,569 2
Pembroke 9,326 3 13,612 11
Radnor 3,551 2 4,073 0
Totals 1,581,258 3 £8,789,343 8
Scotland.
A. R. £ s.
Aberdeen 31,621 0 121,832 17
Argyll 3,474 2 14,756 0
Ayr 2,803 2 48,895 18
Banft 8,831 1 9,517 1
Berwick 3,042 0 7,028 18
Bute 419 3 7,801 11
Caithness 798 0 7,381 7
Clackmannan 60 0 5,268 3
Cromarty 65 0 233 0
Dumbarton 923 0 18,199 3
Dumfries 3,230 0 15,256 0
Edinburgh 2,890 3 194,003 10
Elgin 1,702 2 9,543 1
File 9,618 3 69,177 18
Forfar 3,543 3 118,246 9
Haddington 1,534 0 10,332 11
Inverness 11,593 0 18,402 10
Kincardine 11,092 3 21,576 14
Kinross 110 0 1,056 10
Kirkcudbright 4,341 2 12,265 10
Lanark 4,469 3 287,953 19
Linlithgow 1,352 0 8,880 4
Nairn 378 0 1,294 12
Orkney 2,541 0 4,634 1page 180
Peebles 226 0 2,666 1
Perth 5,007 1 34,791 0
Renfrew 1,741 2 140,661 16
Ross 3,846 3 4,876 0
Roxburgh 5,040 1 14,593 8
Selkirk 55 0 4,530 0
Stirling 1,191 2 36,400 1
Sutherland 2,114 0 1,303 0
Wigtown 1,732 2 7,566 19
Zetland 3,160 0 2,118 4
Totals 129,550 2 £1,263,043 16
Ireland.
A. R. £ s.
Antrim 503 0 11,044 14
Armagh 3,910 0 7,865 11
Carlow 811 10
Cavan 1,148 0 3,582 10
Clare 518 3 461 10
Cork 7,187 1 16,036 5
Donegal 6,724 0 4,716 7
Down 1,689 1 6,849 15
Dublin 59,967 10
Fermanagh 8,743 6
Galway 31,500 2 7,678 2
Kerry 11,313 0 4,326 3
Kildare 1,454 0 6,838 3
Kilkenny 183 0 4,117 19
King's Countv 3,992 2 2,103 8
Leitrim 2,300 13
Limerick 2,655 0 5,156 15
Londonderry 153,239 2 90,850 18
Longford 4,318 1 3,514 3
Louth 5,650 3 6,157 0
Mayo 1,757 13
Meath 4,566 1 5,695 15
Monaghan 133 0 2,150 0
Queen's County 847 2 2,450 14
Roscommon 4,610 1 3,893 18
Sligo 918 4
Tipperary 11,892 1 11,576 15
Tyrone 4,690 3 7,925 16
Waterford 11,236 0 14,034 16
Westmeath 7,486 2 5,686 17
Wexford 2,788 1 2,678 5
Wicklow 6,517 15
Totals 284,237 2 £318,441 10
Summary.
A. R. £ s.
England and Wales 1,581,258 3 8,789,313 8
Scotland 129,550 2 1,263,043 16
Ireland 284,237 0 318,441 10
Totals 1,995,046 1 £10,370,828 14

The only means by which the Inland Revenue Department could furnish the above Return was by examining the last Assessments under Schedule A of the Income Tax Acts, and extracting therefrom the particulars of all real property in each district apparently held in mortmain, or for charitable, public, or perpetual uses by corporations, trustees, and other such persons.

The Return includes all lands and tenements, and hereditaments, described in the assessments as belonging to any of the undermentioned bodies, viz:—
1.Any university or college.
2.Any dean or dean and chapter.
3.The Ecclesiastical Commissioners of England and Wales.
4.Any London livery company.
5.Any inn of court.
6.Any corporation, municipal or otherwise (not including property of incorporated trading companies, such as railway, banking, mining, gas, water, canal, and other joint stock companies; but where gas or water works are the property of public corporations, and the profits are applied in aid of the rates, their property is included, as also the property of boards of health, burial boards, and such like).
7.Any vestry, churchwardens, or trustees, for church purposes, or in ease of the rates, or for charitable or public purposes.
8.Any trustees acting on behalf of any religious body, the rents being applied for the purposes of such religious body.
9.Any trustees or managers of any public school.
10.Any board of guardians of the poor.
11.Any friendly or industrial and provident society.
12.Or any other bodies of a like character having a perpetual succession and existence.

It does not follow that the full annual value is in all cases the sum payable for rent to the owners, inasmuch as the assessment may include the value of beneficial occupation by the tenant.

The "estimated extent" of land has been inserted as a part of the description in cases where such information is available, but some Poor Rate assessments do not contain the quantities of land, which could not therefore be given in this Return. The value stated is not the value of the lands only, but includes the annual value of buildings, if any, upon the lands.

Glebe lands and parsonage houses are included in the Return, but not tithe rentcharges, neither are cathedrals, churches, chapels, and places of public worship, which are not rated.

Leasehold properties belonging to public bodies and corporations, but rated and charged in the Income Tax assessments in the names of the lessees, are not included in the Return, as the assessments do not contain the means of identifying such properties, and the value of their ground rents, &c., is not known.

By successive Royal Commissions, on Charities, on Poor Laws (1834), and on Education (1861), these endowed Charities have been denounced as a public evil, but it is characteristic of our semi-aristocratic Parliaments and Governments that nothing efficient has yet been done to stop or even check their wide-spreading mischiefs. Meanwhile, not only do vast sums of money run to waste that might be applied to educational and other beneficent purposes, but masses of people and entire districts are pauperized by the compulsory doles of dead and gone fanatics. These Charity Trusts should be taxed, nationalized and removed from what Hobhouse calls the "sport of 40,000 chance-medley wills," and their property finally declared to be "not the property of the dead but of the living." To quote Lord Bacon, "Gifts and foundations are like sacrifices without salt, but the painted sepulchres of alms which soon will putrefy and corrupt inwardly. Defer not charities until death, for he that doth so is rather liberal of another man's than his own."

Table showing Amount assessed on Dividends on Foreign Stocks during Period 1872-73 to 1883-84.
1872-73. 1876-77. 1880-81. 1883-84.
£ £ £ £
China nil 44,698 88,628 35,619
Japan 73,440 212,833 163,816 127,662
Austria 115,942 614,778 313,717 318,063
France 259,194 60,807 36,002 43,413
Italy 157,271 144,965 339,002 342,184
Portugal 350,480 438,723 556,810 584,915
Russia 1,825,355 2,360,872 941,623 744,057
Spain 759,066 169,505 155,316 602,556
Turkey 1,747,657 386,604 645,449 761,657
Egypt 1,308,311 1,739,468 1,192,370 937,201
Bolivia 101,013 nil nil nil
Costa Rica 107,323 nil nil nil
Honduras 152,659 nil nil nil
Paraguay 117,652 24 nil nil
Peru 450,474 171 95 nil
Uruguay 161,205 1,749 62,545 98,510
United States 209,095 256,820 173,922 157,465
page 181

Other Loopholes and Defects in the Income Tax.

With reference to the table at foot of last page it is pointed out by that valuable work "Burdett's Official Intelligence," that the large decreases shown in the assessments, some of which are undoubtedly due to a bonâ fide diminution in the amount of Foreign Stocks held by residents of this country, are probably due in other cases to evasions of the tax. That authority further remarks that incomes (of over £3 a week) if received weekly, although clearly chargeable under Schedule D, are not attempted to be included by the revenue authorities, so that whilst a clerk at £200 a year is assessed, his fellow-employé at £4 a week or upwards is exempt.

Stocks are exempt if standing in the names of Her Majesty, or any foreign Ambassador here resident, also of Friendly, Industrial, or Provident Societies, Savings' Banks, Charities, and Trusts for the repair of places of worship.

Out of a population exceeding 36 millions, less than a quarter of a million persons now come under Schedule D, as will be seen by a previous table. The serious character of the exemptions below £150, and partial exemptions between that and £400 is evidenced by such a fact, as also by the further statement that only about 1 in 5 of the present payers would come under assessment if incomes below £400 were entirely (instead of partially) made exempt.

According to the Inland Revenue Commissioners some 240,000 persons were relieved by Sir S. North-cote in raising the level in 1876 from £100 to £150 of non-liability. It is fair to assume that in ten years their numbers have reached 300,000. Let us suppose only £100 of net assessment for each (=£30,000,000). Then there is an amount of Revenue thrown away that would have over sufficed to free Coffee, Cocoa, and Dried Fruits from taxation. The latter reform would have affected millions of taxpayers of all classes most favourably; but the Cabinet of 1876 were truthfully caricatured as fishing for the votes of the few.

Similarly a handful of individuals were benefited by the same government's grant of £40 additional abatement in certain cases: and the House Duty has all along been weighted with mischievous and sweeping exemptions (as elsewhere shown).

If instead of playing to the gallery with such grants of exemption, our rulers had possessed sufficient wisdom, courage, and honesty to maintain the old level of £100 Income Tax liability (with £80 abatement up to £300), or to apply the House Duty below £20 rental, they could nave far more really and generally reduced taxation by abolishing the customs duty on tea; as we believe it was Mr. Gladstone's original intention to do. Better trade and more constant employment (to say nothing of improved profits in commerce) would have resulted, and the exchequer would have richly shared this general improvement. But whilst free trade is hated by one of the great parties in the State, and only half understood or believed in by many leaders of the other, everybody loses, and the majority thus far appear content to lose, unnumbered benefits.