Had this beautiful picture sent to me
The following notes and picture come from the Norfolk Heritage websites where you can find historic notes, aerial photograph coverage and map coverage in quite good detail. Can you spot the railway station, church and river?
Kirby Cane is a small parish in the South Norfolk district. It is located between Stockton and Geldeston to the west and Ellingham to the east. The modern village has now grown and almost joins Ellingham. The village name has an interesting derivation. Kirby comes from Old Norse and means ‘land with a church’. The suffix Cane probably relates to the lord of the manor. This may be Walter de Cadamo who is recorded as owning land in 1205 or Maria de Cham who owned the manor in 1245. The surname Cham is French and is probably based on the town name of Caen. Land in the village is recorded in the Domesday Book when the Abbots of St Edmund held part of it. A church and mill are recorded.
Notes concerning the management of Parish Land situated in the villages of Kirby Cane and Ellingham, Norfolk. January 2015.
These notes are supplementary to evidence provided to the Parliamentary and Health Service Ombudsman on 24th June 2014. They relate to the management of Parish Lands and investments by the trustees of Kirby Cane Charity and Ellingham United Charities mentioned in that report and the failures by the Charity Commissioners to intervene.
The following provides information that both Ellingham United Charity and Kirby Cane Charity de facto trustees would seem to be in Breach of Trust of their charity Governance Documents. (Appendix 1) The information herein could also be used to show that the land in question could never legally become subject to the Agricultural Holdings Act 1986 because of the prohibitions within the trust documents of the two charities. Namely, both trust documents require adherence to the Charities Act, 1993 (Appendix 2) and the Allotments Extension Act, 1882 (Appendix 3).The information can also be used when considering the introduction of fair rents on Parish Land. The Agricultural Tenancies Act of 1995 (Appendix 4) recognises the impediments of the previous Agricultural Holdings Acts and allows the opportunity for fair agreements to be made by the trustees and tenants of Parish Land.
It should be noted that the EUC and KCC trust documents and the Acts of Parliament mentioned require the trustees to advertise what land is available and the rents required for that land. Openness, it seems, is required to be operated by the trustees of both sets of charities.
The Ellingham United Charities Scheme of Governance:
Clause 27 Allotments Extension Act, 1882.—The Trustees shall let and otherwise manage in conformity with the provisions of the Allotments Extension Act, 1882, such of the lands belonging to the Charities as are subject to the provisions of the Fourth Section of that Act. The Trustees may set apart and let in allotments in the manner prescribed by and subject to the provisions of the said Act any portion of the land belonging to the Charities other than buildings and the appurtenances of buildings.
Clause 28 Management and Letting of Property.—Subject as aforesaid, all the property of the Charities not required to be retained or occupied for the purposes thereof shall be let and otherwise managed by the Trustees. In every case public notice of the intention to let any land or other property shall be given by the Trustees in such manner as they consider most effectual for ensuring full publicity. The Trustees shall not create any tenancy in reversion after more than 3 years of any existing term, or for more than 21 years certain, or for less than the improved annual value at rack-rent, without the sanction of the Charity Commissioners or a competent Court.
The Kirby Cane Charity Scheme of Governance:
Clause 5 Powers of the trustees
In addition to any other powers which they have, the trustees may exercise the following powers in furtherance of the objects of the charity:
- Power to sell, lease or otherwise dispose of all or any part of the charity’s property. (The trustees must comply with the restrictions on disposal imposed by section 36 of the Charities Act 1993, unless the sale, lease or disposal is excepted from these restrictions by section 36(9)(b) or (c) or section 36(10) of that Act.) See Appendix 2.
The Charities Act 1993
Part VE+W Charity Land
36 Restrictions on dispositions.
(1)Subject to the following provisions of this section and section 40 below, no land held by or in trust for a charity shall be sold, leased or otherwise disposed of without an order of the court or of the Commissioners.
(2)Subsection (1) above shall not apply to a disposition of such land if—
(a)the disposition is made to a person who is not—
(i)a connected person (as defined in Schedule 5 to this Act), or
(ii)a trustee for, or nominee of, a connected person; and
(b)the requirements of subsection (3) or (5) below have been complied with in relation to it.
(3) Except where the proposed disposition is the granting of such a lease as is mentioned in subsection (5) below, the charity trustees must, before entering into an agreement for the sale, or (as the case may be) for a lease or other disposition, of the land—
(a) obtain and consider a written report on the proposed disposition from a qualified surveyor instructed by the trustees and acting exclusively for the charity;
(b) advertise the proposed disposition for such period and in such manner as the surveyor has advised in his report (unless he has there advised that it would not be in the best interests of the charity to advertise the proposed disposition); and
(c) decide that they are satisfied, having considered the surveyor’s report, that the terms on which the disposition is proposed to be made are the best that can reasonably be obtained for the charity.
(4)For the purposes of subsection (3) above a person is a qualified surveyor if—
(a)he is a fellow or professional associate of the Royal Institution of Chartered Surveyors or of the Incorporated Society of Valuers and Auctioneers or satisfies such other requirement or requirements as may be prescribed by regulations made by the Secretary of State; and
(b)he is reasonably believed by the charity trustees to have ability in, and experience of, the valuation of land of the particular kind, and in the particular area, in question;
and any report prepared for the purposes of that subsection shall contain such information, and deal with such matters, as may be prescribed by regulations so made.
(5)Where the proposed disposition is the granting of a lease for a term ending not more than seven years after it is granted (other than one granted wholly or partly in consideration of a fine), the charity trustees must, before entering into an agreement for the lease—
(a)obtain and consider the advice on the proposed disposition of a person who is reasonably believed by the trustees to have the requisite ability and practical experience to provide them with competent advice on the proposed disposition; and
(b)decide that they are satisfied, having considered that person’s advice, that the terms on which the disposition is proposed to be made are the best that can reasonably be obtained for the charity.
(a)any land is held by or in trust for a charity, and
(b)the trusts on which it is so held stipulate that it is to be used for the purposes, or any particular purposes, of the charity,
then (subject to subsections (7) and (8) below and without prejudice to the operation of the preceding provisions of this section) the land shall not be sold, leased or otherwise disposed of unless the charity trustees have previously—
(i)given public notice of the proposed disposition, inviting representations to be made to them within a time specified in the notice, being not less than one month from the date of the notice; and
(ii)taken into consideration any representations made to them within that time about the proposed disposition.
(7)Subsection (6) above shall not apply to any such disposition of land as is there mentioned if—
(a)the disposition is to be effected with a view to acquiring by way of replacement other property which is to be held on the trusts referred to in paragraph (b) of that subsection; or
(b)the disposition is the granting of a lease for a term ending not more than two years after it is granted (other than one granted wholly or partly in consideration of a fine).
(8)The Commissioners may direct—
(a)that subsection (6) above shall not apply to dispositions of land held by or in trust for a charity or class of charities (whether generally or only in the case of a specified class of dispositions or land, or otherwise as may be provided in the direction), or
(b)that that subsection shall not apply to a particular disposition of land held by or in trust for a charity,
if, on an application made to them in writing by or on behalf of the charity or charities in question, the Commissioners are satisfied that it would be in the interests of the charity or charities for them to give the direction.
(9)The restrictions on disposition imposed by this section apply notwithstanding anything in the trusts of a charity; but nothing in this section applies—
(a)to any disposition for which general or special authority is expressly given (without the authority being made subject to the sanction of an order of the court) by any statutory provision contained in or having effect under an Act of Parliament or by any scheme legally established; or
(b)to any disposition of land held by or in trust for a charity which—
(i)is made to another charity otherwise than for the best price that can reasonably be obtained, and
(ii)is authorised to be so made by the trusts of the first-mentioned charity; or
(c)to the granting, by or on behalf of a charity and in accordance with its trusts, of a lease to any beneficiary under those trusts where the lease—
(i)is granted otherwise than for the best rent that can reasonably be obtained; and
(ii)is intended to enable the demised premises to be occupied for the purposes, or any particular purposes, of the charity.
(10)Nothing in this section applies—
(a)to any disposition of land held by or in trust for an exempt charity;
(b)to any disposition of land by way of mortgage or other security; or
(c)to any disposition of an advowson.
(11)In this section “land” means land in England or Wales.
37 Supplementary provisions relating to dispositions.E+W
(1)Any of the following instruments, namely—
(a)any contract for the sale, or for a lease or other disposition, of land which is held by or in trust for a charity, and
(b)any conveyance, transfer, lease or other instrument effecting a disposition of such land,
(i)that the land is held by or in trust for a charity,
(ii)whether the charity is an exempt charity and whether the disposition is one falling within paragraph (a), (b) or (c) of subsection (9) of section 36 above, and
(iii)if it is not an exempt charity and the disposition is not one falling within any of those paragraphs, that the land is land to which the restrictions on disposition imposed by that section apply.
(2)Where any land held by or in trust for a charity is sold, leased or otherwise disposed of by a disposition to which subsection (1) or (2) of section 36 above applies, the charity trustees shall certify in the instrument by which the disposition is effected—
(a)(where subsection (1) of that section applies) that the disposition has been sanctioned by an order of the court or of the Commissioners (as the case may be), or
(b)(where subsection (2) of that section applies) that the charity trustees have power under the trusts of the charity to effect the disposition, and that they have complied with the provisions of that section so far as applicable to it.
(3)Where subsection (2) above has been complied with in relation to any disposition of land, then in favour of a person who (whether under the disposition or afterwards) acquires an interest in the land for money or money’s worth, it shall be conclusively presumed that the facts were as stated in the certificate.
(a)any land held by or in trust for a charity is sold, leased or otherwise disposed of by a disposition to which subsection (1) or (2) of section 36 above applies, but
(b)subsection (2) above has not been complied with in relation to the disposition,
then in favour of a person who (whether under the disposition or afterwards) in good faith acquires an interest in the land for money or money’s worth, the disposition shall be valid whether or not—
(i)the disposition has been sanctioned by an order of the court or of the Commissioners, or
(ii)the charity trustees have power under the trusts of the charity to effect the disposition and have complied with the provisions of that section so far as applicable to it.
(5)Any of the following instruments, namely—
(a)any contract for the sale, or for a lease or other disposition, of land which will, as a result of the disposition, be held by or in trust for a charity, and
(b)any conveyance, transfer, lease or other instrument effecting a disposition of such land,
(i)that the land will, as a result of the disposition, be held by or in trust for a charity,
(ii)whether the charity is an exempt charity, and
(iii)if it is not an exempt charity, that the restrictions on disposition imposed by section 36 above will apply to the land (subject to subsection (9) of that section).
F1(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(a)the disposition to be effected by any such instrument as is mentioned in subsection (1)(b) or (5)(b) above will be a registered disposition, or
the statement which, by virtue of subsection (1) or (5) above, is to be contained in the instrument shall be in such form as may be prescribed.
(a)an application is duly made—
(i)for registration of a disposition of registered land, or
(ii)for registration of a person’s title under a disposition of unregistered land, and
(b)the instrument by which the disposition is effected contains a statement complying with subsections (5) and (7) above, and
(c)the charity by or in trust for which the land is held as a result of the disposition is not an exempt charity,
the registrar shall enter in the register, in respect of the land, a restriction in such form as may be prescribed.
(a)any such restriction is entered in the register in respect of any land, and
(b)the charity by or in trust for which the land is held becomes an exempt charity,
the charity trustees shall apply to the registrar for the restriction to be withdrawn; and on receiving any application duly made under this subsection the registrar shall withdraw the restriction.
(a)any registered land is held by or in trust for an exempt charity and the charity ceases to be an exempt charity, or
(b)any registered land becomes, as a result of a declaration of trust by the registered proprietor, land held in trust for a charity (other than an exempt charity),
the charity trustees shall apply to the registrar for such a restriction as is mentioned in subsection (8) above to be entered in the register in respect of the land; and on receiving any application duly made under this subsection the registrar shall enter such a restriction in the register in respect of the land.
Allotments Extension Act 1882
1882 CHAPTER 80
An Act for the Extension of Allotments
[18th August 1882]
WHEREAS by an Act 2 William IV, cap.42, the trustees of lands allotted under enclosure Acts or otherwise appropriated for the benefit of the poor of any parish, together with the churchwardens and overseers of the poor in parish vestry assembled, are required to let portions of such lands in quantities of not more than one statute acre to any one individual, according to their discretion, as a yearly occupation from Michaelmas to Michaelmas, and at such rent as land of the same quality is usually let for in the said parish, to industrious cottagers of good character, being day labourers or journeymen legally settled in the said parish, or dwelling within or near its bounds :
And whereas the provisions of the said Act, from its limited application and other causes, have been only partially carried out:
And whereas it is expedient that having regard to the present Poor Law, the benefit thereof should be extended to all the irremovable poor, and that the same should be extended to all lands, whether cultivated or uncultivated, held for the benefit of the poor as herein-after described, and that a summary remedy should be afforded:
Be it therefore enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows :
In this Act ” trustees” shall mean trustees, feoffees, and managers, whether Corporate or sole, or a committee of the same in such cases as are provided for in the Poor Allotments Management Act, 1873.
This Act may be cited as the Allotments Extension Act, 1882.
3Extent of Act
This Act shall not apply to Scotland or Ireland.
4Trustees of lands vested for benefit of the poor to give notice as to letting
All trustees in whom lands are vested or by whom the same are held or managed for the benefit of the poor of any parish or place in or adjoining to that in which such lands are situate, and whereof the rents or produce are distributed in gifts of money, doles, fuel, clothing, bread, or other articles of sustenance or necessity, shall, where such lands are not otherwise used for the benefit of the parish in which it is situate as a recreation ground, or otherwise for the enjoyment or general benefit of the inhabitants, take proceedings, subject as herein-after mentioned, for letting such lands in allotments to cottagers, labourers, and others, and—
(1)They shall set apart for the purpose of this Act such field or other portion of the said lands as is most suitable, as regards distance and otherwise, for allotments, and give public notice, in manner directed by the schedule to this Act, of the field or portion so set apart, specifying the situation and extent thereof, and the rent per acre or rod which they are ready to accept for the same when let in allotments, and the times and places at which applications for allotments are to be made:
(2)If any applications for an allotment are received within the time fixed by the notice the trustees shall forthwith proceed to obtain possession of the field or portion set apart, or of so much thereof as is required for the applications, and to fence the same (if necessary), and to let the same in manner provided by this Act:
(3)If the whole of the field or portion so set apart is let in allotments the trustees shall proceed as soon as they have power so to do to set apart another field or portion of their lands for the purpose of this Act, and give public notice thereof as directed by this section, and so on until the whole of their lands are let in allotments, or no applications are received for further allotments:
(a)If application is made within the time aforesaid for part only of the field or portion so set apart, the remainder thereof may be let as provided by this Act in the case of unlet allotments ; and.
(b). It shall not be necessary for the trustees to set apart any portion of any such lands as aforesaid, the separation of which from the remainder of such lands not set apart for the time being may make it impossible to let such remainder without substantial loss to the charity, when the whole of such lands cannot conveniently be set apart for allotments; and they shall have the same powers of letting any remainder of such lands, not set apart for the time being, as if this Act had not passed ; and
(c)If no application is made within the time aforesaid for any part of the field or portion so set apart, the like public notice as is required in the first instance shall be given by the trustees once in every succeeding year; and
(d)Where the said lands are at any time held on lease, the trustees shall proceed to act in pursuance of this Act upon the expiration of such lease, and this Act shall apply as if such expiration were the passing of this Act.
HM Revenue and Customs
This came in the form of the Agricultural Tenancies Act 1995, (IHTM24240) which is the most radical reform of land tenure legislation since 1948. It introduced a new type of tenancy structure – the farm business tenancy (IHTM24240) – which applies (with some minor exceptions) to all tenancies of farmland granted on or after 1 September 1995. The new legislation represents a substantial deregulation of new lettings, with the parties free to negotiate the terms of the tenancy without statutory interference and without the imposition of security of tenure after the expiry of the agreed term.
Further links for early history of the two villages:
June 2015: Here are a number of links to websites that contain historic information and a few old pictures of Kirby cane and Ellingham:
Flounders in the Main Run Drain?
The water company are clearing out the drain in Newgate at the moment which got a few allotment holders talking:
I was intrigued to learn that the grandfather of an older resident of Kirby Cane had told him that when the grandfather was a boy he remembered catching baby flatfish in the dyke that runs down Newgate to the waterworks and beyond.
Having researched the River Waveney somewhat, I know that there is evidence for the tidal flow to run all the way inland towards Scole near Diss. There is good present day evidence for the tidal flow at Ellingham Mill where the rise and fall is quite considerable. Further evidence for the tidal flow going well inland can be seen all around the country, a good example being the tidal bore on the River Severn.
How does this relate to the Main Run Drain at Newgate? Well, if you look at the map (which can be enlarged at kirbycaneandellingham.com) you will see that the drain flows from Ellingham Island and Kirby Row to Geldeston Dyke. Various navigation acts during the 18th and 19th centuries allowed locks and sluices to be built along the R. Waveney cutting off the effect of the tides. Prior to this there was nothing to stop the tidal flow reaching up into the Main Run Drain and up to Newgate itself. That’s how I see it; are there anymore stories about the drain out there I wonder?
Further chats today 14.5.15. brought up the fact that there was once a bridge for the Main Drain near to the shop. I have checked this on the Enclosure Map and sure enough there it is; 14th Bridge as marked on the map. Don’t forget to click on the map to enlarge it.