), Non charitable trusts extra reading notes, The Charities Act 2011 (CA 2011) did not cr, Introduction to Sports Massage and Soft Tissue Practices, Legal and Professional Aspects of Optometry (BIOL30231), Access to Health Professionals (4000773X), Business Data Analysis (BSS002-6/Ltn/SEM1), Introductory Chemistry (0FHH0023-0901-2018), Introduction toLegal Theory andJurisprudence, Introduction to English Language (EN1023), Cell Membranes - Lecture notes, lectures 1 - 24. categorise the definition of charity under four principle groupings: Tap here to review the details. H: Charitable society. Held : A valid charitable bequest 4. Gibson v South American Stores Ltd, (supra) [1949] beneficiaries here were [2003] EWHC Ch 114 )[2003] Ch 409, [2003] 2 WLR 1362, [2003] 1 All ER 763. "'Religion' includes- 1- RELIEF OF POVERTY Rule against inalienability is inapplicable d esituion or grinding b) Artistic and Aesthetic Education Royal Choral Society v IRC (1943) 2 All ER 613. Prior to 2006, in order for a trust to be charitable, it had to fall within the spirit of the o None of the words a further defined so refer to cases There has to be a limit where the class becomes so small that it becomes a private statutory definition. Dingle v Turner, (supra) [1972] poor employees of a company held to be charitable Held :Gift not charitable b) Artistic and Aesthetic Education Royal Choral Society v IRC (1943) 2 All ER 613. The Re South Place Ethical Society. Two other requirements in order for a trust to have charitable status: organization will not achieve the status The prime rate will directly affect how much is charged for the 60-day period. Advancement of religion Re Sutton The word and is conjunctive meaning that the charitable and other London WC1B 5DR. Other purposes beneficial to the community, HELD: poverty ranges from destitution to relative deprivation, or "going short", regarding status in life & birth, HELD: gift not charitable because members of the working class are not necessarily in poverty, HELD: gift construed for the construction of a "working men's hostel" was held to be charitable, HELD: gift of trousers to children was not limited to the poor & therefore went to every child in the area. Society v IRC It appears that you have an ad-blocker running. Tells us that sport means sports or games which promote health by involving mental skill or exertion, Charities Commission Charitable Status and Sport (2003), Either not sports or public benefit:Angling; Ballooning; Billiards, Pool and Snooker (surprising considering Chess decision); Crossbow; Rifle and Pistol Shooting; Flying; Gliding; Motor Sports; Parachuting, Cambridgeshire Target Shooting Association [2015], Decision: Primarily for the benefit of members, not the defence of the realm to which there was little or no connection; accepted there was mental/health but did not feel this was gained from actual activity of shooting, Rule: Facilities for recreation such as public park is charitable (recreation), See s.5, CA 2011 in the interests of social welfare, Decision: Notion of deprivation explicitly dismissed, Rule: For social welfare requirement of improvement of conditions of life for the community at large generally, Advancement of environmental protection or improvement. 6#!M cG}.K2D@S5p\WNw 265 Provided the research can be communicable to the general public- Re British School of Archaeology. Russell Square Nestle v National Westminster Bank (BAILII: Oppenheim v Tobacco Securities Trust Co Ltd (BAILII: Oughtred v Inland Revenue Commissioners (BAILII: Paragon Finance v DB Thakerar & Co. (BAILII: Polly Peck International Plc v The Marangos Hotel Company Ltd & Ors (No.2) (BAILII: R v District Auditor; ex p West Yorkshire Metropolitan DC [1986] RVR 24. residentsif possible the sum of 100 each. S(2) it is not to be presumed that a purpose of a particular description is o Buckley v Barlow [2016] the fact that these claims were foolish and Pension to poor employees held to be a suicient class. jBqSo}lcSmn|$#6YB5qpN1g:EBUfMClGwF s 1P Re Delius (1957) Ch 299. No - cy-prs doesn't apply Q6 - You now need to carry out research about the different universities/colleges you are interested in applying to by finding the answers to the areas you have outlined in your responses to questions 3 and 5 above. this is a lower threshold of PB, Advancement of education Must satisfy PB in both the first sense and the second sense It will not satisfy the PB requirement in the second sense if there is a personal-nexus (Oppenheim), Advancement of religion Must satisfy PB in both the first sense and the second sense The purpose must confer a tangible benefit on a section of the community (Gilmour, Hetherington, etc) Consider the approach of the Commission in Preston Down Trust [2014], Fee-charging institutions Must satisfy PB in the first sense and the second sense Is the benefit direct or indirect? Many of the early cases were inconsistent and gave rise to strange anomalies, it Memorial Left money to prove that Francis wrote plays not Shakespeare. 2. Illustrations of relieving poverty: provision of items (either outright or on loan) such as furniture, bedding, clothing, food, fuel, heating appliances, washing machines, and fridges; payment for services such as essential house decorating, insulation and repairs, laundering, meals on wheels, outings and entertainment, child-minding, telephone lines, rates and utilities; the provision of facilities such as the supply of tools or books, payment of fees for instruction, examination or other expenses connected with vocational training, language, literacy, numerical or technical skills, travelling expenses to help the recipients to earn their living, equipment and funds for recreational pursuits or training intended to bring the quality of life of the beneficiaries to a reasonable standard. +}x?`Q-YVs-jfY>UlZSm Re Trust of deceased ex-officers of Coutts and Com. Held: Not charitable. school for pick pockets, Threshold for purpose benefitting a sufficient section of the public has higher threshold for education that poverty. Research into a 40-letter alphabet was not a useful area/topic of study. Mr Justice Harmon held that this was not charitable. poor, Working class persons does not indicate poor persons thus not d) Not subject to Public Benefit. In Commissioner of income Tax v Pemsel, Lord National Anti-vivisection society v IRC [1948]- was not charitable because . Inland Revenue Commissioners v Baddeley (BAILII: Inland Revenue Commissioners v Broadway Cottages (BAILII: Inland Revenue Commissioners v Glasgow Police Athletic Assn (BAILII: Inland Revenue Commissioners v McMullen (BAILII: Joseph Rowntree Memorial Trust Housing Association Ltd v Attorney General [1983] Ch 159, Joseph Rowntree Memorial Trust Housing Association Ltd v Attorney General, Lac Minerals v International Corona Resources [1989] 2 SCR 574; [1990] FSR 441; (1989) 61 DLR (4th) 14 Can SC (Canada). Relief of those in need by reason of youth, age, ill-health, disability, financial hardship or other disadvantage o They provide a benefit to mankind o These groups were able to establish that they were for the advancement of requires alleviating which that person would have difficulty in relieving from intendment of the Preamble. (As_GWQgk:$BJ0w9BILXP8cVty^$2`0>%tu1^hNmLXd@9{g"i0(Da $!i#B42G#S0w}Y3y8 - m,&~qr4nj7K cZ8YitLPZ{\53@"'v,34oYWC?VnCK$gK%PsP'r' institution which , a) is established for charitable purposes only the advancement of education or advancement of arts Re o Royal Choral Society v IRC [1943] 2 All ER 101 - involving the Royal Choral Society which had as its object the formation and maintenance of a choir in order to promote choral works. Irc. A codicil to provide or assist in providing delusional did not disqualify trust from charitable status (g) Advancement of amateur sport; 3. Re Gulbenkian's Settlement Trusts (No.1) (BAILII: Re Hastings-Bass, Hastings v Inland Revenue (BAILII: Re Hobourn Aero Components Air Raid Distress Fund [1946] Ch 46, Re Hobourn Aero Components Air Raid Distress Fund. As the whole fund can be applied Court itself in Re Pinion had the benefit of expert evidence who Certainty of objects rule is inapplicable Attorney- Poverty is considered to be a relaive term applying to those with genuinely bequest : I leave to 10 blind girls, Tottenham House of Lords decided that the society, a non-profit company whose main object was the inexpensive, sanitary disposal of the dead, particularly by cremation was a charity. adopted this we would live in peace and harmony. o Education is not restricted to a teacher teaching a class Evidentiary basis: all benefit must be capable of proof through positive and factual evidence (and in doing so must satisfy public benefit requirement), Rule: Poverty does not include deserving, Rule: Poverty includes distressed gentle folk, Rule: Poverty may include minors being students and experiencing relative poverty, Decision: Gift of trousers to boys in a particular area, do distinguishing whether to be for those who need the gift etc. How widely spread within society must be the benefits flowing from the activity? research into the works of Voltare and Russo. IRC v Oldham Training and Enterprise Council [1996] STC 1218: Case: OTEC was a government funded company limited by guarantee; object to help enterprise for people in Oldham; subsidiary to this support for local business; in this case stated charitable status may be granted where merely incidental benefit to individuals, Decision: Not granted as case is too remote, Rule: Advancement of citizenship or community development may directly or indirectly benefit specific individuals or business and not just the community. Or within a radius 5 miles there from. Advancement of animal welfare advancement of religion; and trust for other assumed in cases involving poverty. Society which had as its object the formation and maintenance of a choir in With heavy hearts, we announce the death of Shirley A. Walter of Glendale, Arizona, who passed away on October 10, 2022 at the age of 78. No - go to 4 Here, cy-prs only applies if there animals it promotes feelings of humanity and morality generally, 13 Royal Choral Society v IRC [1943] Ibid; Re Shakespeare Memorial Trust [1923] 2 Ch 398. preventing vivisection in animals. issue in the case focussed around the word relief. Under the old law this would have come under the advancement of education now it is considered under the advancement of the arts. heading H: Charitable society. Held to be charitable. Charitable trust under Income Tax Act,1961, The Community Chest - An Opportunity for Planned Giving, History of philanthropy in city of london guildhall library event, Principles of philanthropy policymaking lecture 2019 - Rhodri Davies, September 2013 | Michigan District, LCMS Supplement, Historical Development of Social Work In United Kingdom, 4 ppt on the challenge of poverty (short version) by bp broderick pabillo, Non-charitable purpose trust (short notes), Strangers as constructive trustee (short notes), Law of Trust, Constitution of trust (short notes), Law of Trust,Three certainties (Exam short notes), Al Bakhtiar bin Ab Samat v Public Prosecutor, Azahan bin mohd aminallah v public prosecutor, Michael O'Brien v Chief Constable of South Wales Police [2005] UKHL 26, 1 CHILD AND ADOLESCENT LEARNERS AND LEARNING PRINCIPLES.pdf, Transcription and Dictation of Business Documents.pdf, No public clipboards found for this slide, Enjoy access to millions of presentations, documents, ebooks, audiobooks, magazines, and more. poverty amongst a particular class of person. (a) Prevention/relief of poverty; Advertisement. Create a spreadsheet and determine the actual annual percentage rate of interest on the 60-day, fixed-rate First American note for the First American loan. The Royal Choral Society (RCS) is an amateur choir, based in London.. History. Class within a class test (IRC v Baddeley). the lifestyle of the people who will benefit. charitable if it fails to be shown to be for the benefit of the public or a section or the under case law and Act itself Valid as charitable- purpose certain and the public would benefit from impact to history and literature. suicient. Incorporated Council of Law Reporting for England and Wales v Attorney-General & Anor (BAILII: Industrial Development Consultants v Cooley [1972] 2 All ER 162; Inland Revenue Commissioners Educational Grants Association [1967] Ch 123, Inland Revenue Commissioners Educational Grants Association. so not charitable, Case: Trust set up for the building of a hostel in Cyprus for working men, the purpose of this was to provide temporary accommodation to meant who could not otherwise afford lodgings; the building would not be attractive to more affluent members of society and there was a need in this area for people who needed assistance with lodgings, Decision: Trust offered service and relieved pressure from the state so was charitable for the relief of poverty, Case: Money given to provide dwellings for the working classes and their families, Decision: Working class families not considered to be an identifiable class and not a specific section in the poor, Rule: Section of poor requires identifying in a particular way, Harrogate Fair Trade Shop v Charity Commission (First-Tier, 27 March 2014), Case: Argued that fundamental charitable in its selling of fair trade products, Decision: Primary purpose is trading and selling products; the fact that they are helping to relieve poverty is ancillary to their commercial purpose, Rule: Must show that primary purpose is to relieve poverty and that you are doing that through trade, Rule: Poverty includes members of a friendly society, Rule: Poverty includes fellow members of a club, who have fallen on evil days, Rule: Poverty includes poor employees of a firm/company, Quote: The phrase a section of the public is in truth a phrase which may mean different things to different people. 299 promoting the music of a particular composer subject militarism and disarmament by demilitarisation, 1(A) For the purposes of the law charity means an advance religion. Final, Pharmaceutical Calculations practice exam 1 worked answers, Acoples-storz - info de acoples storz usados en la industria agropecuaria. Includes defi Lecture 6 - the constitution of a trust (cont. insituion, then you can use that money for the other insituion Re Niyazi s Will Trust (1978) 1 WLR 910. - Trust for the beneit of decayed actors Spiller v Maude, Deining relief Relief of those in need b/c of their age. Through the OpenLaw Project BAILII seeks, with the assistance of law lecturers, to identify cases from the past and to make these freely and openly available on the internet to support legal education. Lottery officials draw 5 white balls from a drum of 59 white balls numbered 1 through 59 and 1 red ball from a drum of 35 red balls numbered 1 through 35 to determine the winning numbers for each game. For relief of poverty, advancement of education and advancement of religion, the test of benefit to the community will be prima facie assumed unless the contrary appears cf Charities Act 2011, Changing legislation is not charitable and will fail on this ground (even where attempted changes to the law are ancillary to the main purposes: Bowman v Secular Society), Poverty does not necessarily mean destitution, Two fold test for public benefit - (1) nature of the purpose must benefit the community and (2) those who may benefit must be sufficiently numerous, Any institution the Commission no longer considers is a charity, Prevention & Relief of Poverty: the relief of aged, impotent and poor people, Advancement of Education: schools of learning, free schools, and scholars in universitieseducation and preferment of orphans, a purpose must be beneficial - this must be in a way that is identifiable and capable of being proved by evidence where necessary and which is not based on personal views, any detriment or harm that results from the purpose (to people, property or the environment) must not outweigh the benefit - this is also based on evidence and not on personal views, benefit the public in general, or a sufficient section of the public - what is a sufficient section of the public varies from purpose to purpose, not give rise to more than incidental personal benefit - personal benefit is incidental where (having regard both to its nature and to its amount) it is a necessary result or by-product of carrying out the purpose, For the relief of poverty only need to show benefit aspect. Mcgovern You had better ask a lawyer per Lord Macnaghten, Public benefit requirement, no presumption that charitable purpose is for public benefit (however, critically analyse this considering the cases), 2013 Commission Guidance on Public Benefit, N.B. Promotion of the efficiency of the armed forces of the Crown or of the efficiency of the police, fire and rescue services or ambulance services, Lord McNaghten's 4 traditional heads of charity, 1. WT, if the failed git appears in a will that contains a large number of other charitable gits Harman J remarked: I, ) can conceive of no useful object to be served in foisting upon the See a problem? either way, it is not charitable. Barclays Bank Plc & Ors v Eustice & Ors (BAILII: Barclays Bank v Quistclose Investments Ltd (BAILII: Barlow Clowes International v Vaughan (BAILII: Bartlett v Barclays Bank Trust Co. Ltd [1980] Ch 515; [1980] 1 All ER 139. National Anti-Vivisection Society v. IRC [1948] HELD: the society was not beneficial to the community; one of its objects was held to be political as it was advocating change in the law. o Age Shakespeare The Charities Act 2011 (CA 2011) did not create any new law but simply replaced For that reason, free masonry was held not to be charitable, National Carreras Rothmans v Freeman Mathews Treasure [1985] 1 All ER 155; Chaine-Nickson v Bank of Ireland [1976] IR 393 HC (Ireland), Chase Manhattan Bank NA v Israel-British Bank (London) Ltd. Chichester Diocesan Board of Finance v Simpson (BAILII: Chillingworth v Chambers [1896] 1 Ch 685 (CA). Typically used where the original purpose of the charity has failed and results in the trust purpose being altered to the nearest realistic alternative o It has an extended meaning carrying out of such a trust would necessarily involve benefit to the public but By whitelisting SlideShare on your ad-blocker, you are supporting our community of content creators. The prime interest rate that is being given on the day that you visit both banks is 7%. purpose trust and exception no longer applies A trust to apply the income of a fund for all or any of the purposes of a community of Roman Catholic nuns living in seclusion and living their lives in prayer, contemplation and penance, wasn't charitable because it couldn't be shown that it conferred any benefit on the public/a section of the public. Re Hopkins Political bias not permissible JosephRowntree Memeorial Trust Housing Vs AG 2006 and also replaced the Recreational Charities Act 1958. The court will look at Under the old law, it would've come under the advancement of education or advancement of arts. public . It begins a theme throughout charities- where judges decide what is and isn't good for us Trimmer v Danby [1856] o Religion is now defined in CA 2011 in s(2)(a)(i) and (ii) 1H ,j& 3PW~Jm#B4g)N2MsM8w KWnl'(3Gc?Pqm>SR[um$PhdYzy_l7TL5dWd)D [)t[Umk. Re Harwood If the git is to a body that has never existed, but the name used suggests a charitable The nexus, that of being in employment by particular employers, did not satisfy the test of public benefit to establish the trust as a charitable trust, Intention of the gift was to benefit the poor, generally who fell within a certain description, rather than certain individuals. Re Cottam [1955] involved trust to build flats for persons aged over be read disjunctively, ie. 2) Advancement of Education CA 2006 replaced much of the earlier common law on the definition of charity with a something. and its object was to provide an object for the preservation of animals (birds. After - apply cy-prs See, for example, Royal Choral Society v Inland Revenue Commissioner, [1943] 2 All E.R. More. A trust will not be charitable if its purpose is: (1) to support a political party; (2) to campaign to bring about a change in the law or (3) the effect of the purpose would be to necessitate a change in the law. impotent had extended meaning but means some form of infirmity by its very nature a trust beneficial to the community, Copyright 2023 StudeerSnel B.V., Keizersgracht 424, 1016 GC Amsterdam, KVK: 56829787, BTW: NL852321363B01, Human Rights Law Directions (Howard Davis), Tort Law Directions (Vera Bermingham; Carol Brennan), Marketing Metrics (Phillip E. Pfeifer; David J. Reibstein; Paul W. Farris; Neil T. Bendle), Public law (Mark Elliot and Robert Thomas), Commercial Law (Eric Baskind; Greg Osborne; Lee Roach), Introductory Econometrics for Finance (Chris Brooks), Criminal Law (Robert Wilson; Peter Wolstenholme Young), Principles of Anatomy and Physiology (Gerard J. Tortora; Bryan H. Derrickson), Electric Machinery Fundamentals (Chapman Stephen J. public this mass of junk. Despite the small class of beneficiaries, the employees of a Prayers behind closed doors of nuns Held: not a tangible beneit. B) Attributable Condition The management chooses to borrow $200,000 from First American and First Citizen banks separately. Since they were a "section of the public", the gift was charitable and didn't fail, Originated as the Charity Commissioners, created by the Charitable Trusts Act 1853 to provide advice on charitable trusts, Represents the beneficiaries are parens patriae (parent of the nation) appearing on the part of the Crown, 1. Reporting Praying for the public at large not considered tangible benefit of the community although it is not the courts position to decide on the sincerity of a religious belief, *Neville Estates v Madden [1962] Ch 832 (Ch), Case: Religious observation of synagogue religious benefit, Case: All contents of arts, paintings and furniture left on trust to be maintained as a museum for the public to view, Decision: None of the works were of any value so not beneficial to the public, Quote: I can conceive of no useful object to be served in foisting upon the public this mass of junk. Yes - apply to the new amalgamated charity Yes - apply cy-prs, Trusts 14: Appointment, Retirement & Removal, Difference between breach of trust and breach, Fundamentals of Financial Management, Concise Edition, Claudia Bienias Gilbertson, Debra Gentene, Mark W Lehman. Page 146 o Re Pinion [1964] 1 All ER 890 involved testators paintings. that a person has to go short of Re Rymer Iniial failure: refers to impossibility at the outset. and the Vancouver case Ibid.. Evidence: Ian Dennis Six Cardinal Principle, Strategic financial management assignment 1, The Ultimate Meatless Anabolic Cookbook (Greg Doucette) (z-lib, Relationship between Hardware and Software, Lesson plan and evaluation - observation 1, Final year assignment - hotel management system, Unit 15 - The Human Endocrine and Nervous System (distinction0, Mischief Rule, Examples, Advantages, Disadvantages and rectification, Born in Blood and Fire - Chapter 1 Encounters Notes, Acoples-storz - info de acoples storz usados en la industria agropecuaria. General, The publication of law reports is charitable under education, Royal Choral Enjoy access to millions of ebooks, audiobooks, magazines, and more from Scribd. Click here to review the details. would be small relations of her children. educational, A gift to the National Trusts of a studio and its contents was not Under s of CA 2011 Social Services. knowledge and the requirement of dissemination was also met, i. the law Learn faster and smarter from top experts, Download to take your learnings offline and on the go. - Knowledge disseminated to others [private irms do not qualify] So, where a charity is established in favour of the public, but is de facto administered to a small class, this will satisfy the public benefit requirement. S(3) tells you to reference caselaw in deciding whether something is for To win the Powerball jackpot, a participant's numbers must match the numbers on the 5 white balls in any order and must also match the number on the red Powerball. 3. o That put into question whether Hinduism wouldve been accepted in adv. Class within a class, Decision: Scientology not religious as no evidence of a deity (historically religion given a narrow meaning of faith in God and Worship of god: Re South Place Ethical Society, N.B. It would be The Commissioners noted that the proposed location of the statue was near Where there was no link to the sport being of educational value, sport was not considered to be charitable. Re Lewis ( 1955) Ch 104 : A testator made a Has the original charity which was named ceased to exist? nursing home. (Had 'or' been used, it would have failed on the basis that a purpose can be deserving, but it is not necessarily charitable), Where a charity which forms the subject of a legacy has ceased to exist, the application of the doctrine of cy-prs turns on whether the charity in question ceased to exist subsequent to or prior to the testator's death. S(1)(B) The Advancement of Education. 4425 W Olive Ave Glendale AZ 85302 (602) 433-2440. in a HL case in 1967 called Scottish Burial Reform and Cremation Society v Glasgow for Law As a result, the trust failed, (trust for if kids/grandkids ever became needy) HELD: charitable trust for relief of poverty - case brought strong indication that the Re Compton personal rule is disregarded for charities of relief of poverty, Definition of religion under s.2(3)(a) CA 2006: Purpose was to carry out research to prove that the plays of. Advancement of religion (Re Resch) Purpose must confer some benefit to the poor, and must do so in a way that is more than a mere token (ISC decision), Must be beneficial in a way that the law regards as charitable (National Anti-vivsection) If the political purpose is ancillary to the main charitable objects, it will be considered charitable, Consider alternative tests e.g. Turner. the public beneit. employees of a particular company and their families. endstream endobj 128 0 obj <>stream : Aids sufferer, cancer patient etc Activate your 30 day free trialto continue reading. ii) a religion which does not involve belief in a God", HELD: faith & worship pertaining to a God must be vertical, Trust established to publish books and tracts by the leader of a small non-denominational Christian group, A trust for the publication of the writings of a religious mystic who believed herself to be with child by the Holy Ghost was held to be charitable, "The court is entitled to assume that some benefit accrues to the public from attendance at places of worship of persons who live in this world and mix with their fellow citizens" per Cross J, Sum of money given for the upkeep of certain family graves & a table & window for a church "for so long as the trustees legally can do" - HELD: trust not being charitable was valid for 21 years, For the maintenance of a choir, HELD: charitable, Research alphabet, HELD: not charitable, must look to element of teaching, Trust failed on its political bias in favour of socialism, and legislation would have been needed to introduce the socialised medicine it was advocating, Atrociously bad art, HELD: trust was not for the advancement of education or the arts - "for myself, a reading of the will leads me rather to the view that the testator's object was not to educate anyone, but to perpetuate his own name", HELD: trust for the promotion of the works of a famous composer is charitable, Money provided to discover proof that Shakespeare's plays were written by Francis Beacon, HELD: gift was charitable, "this discovery would be of the highest value to history and to literature" per Wilberforce J, Promoting yacht racing, HELD: not charitable as it is impossible to decide which sports are for public benefit, Trust to provide prizes for athletics in a school is for the advancement of education, A trust to promote the playing of chess is educational as it encourages the qualities of foresight, concentration, memory, ingenuity and provided intellectual stimulation, Trust for the education of Compton and Powell and Montague children, HELD: not charitable - a group of beneficiaries was distinguished from other members of the community by personal ties with the testator, Incorporated Council of Law Reporting for England & Wales v. AG [1972], HELD: the publication of the Law Reports series by the Incorporated Council was within the advancement of education, R (Independent Schools Council) v. Charity Commission, HELD: Charity Commission must rewrite guidelines as erroneous, over-prescriptive, unclear - once charities meet public benefit requirement, they need only show that they do not restrict the poor, 4.