Report on the Charities of the Mercers' Company
Part II

Sponsor

Centre for Metropolitan History

Publication

Author

City of London Livery Companies Commission

Year published

1884

Pages

14-44

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'Report on the Charities of the Mercers' Company: Part II', City of London Livery Companies Commission. Report; Volume 4 (1884), pp. 14-44. URL: http://british-history.ac.uk/report.aspx?compid=69700 Date accessed: 28 July 2014.


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PART II. The Mercers' School.

King Henry the Eighth, by his Letters Petent of the 21st April 1542, for the valuable considerations therein mentioned (being a sum of 969l. 17s. 6d.) granted to the Wardens and Commonalty of the Mystery of Mercers, of the city of London, and their successors the church, called the Church of the College of Acon, thenceforth to be called the Mercers' Church, and the church and parsonage of Saint Mary Colechurch, and divers messuages, tenements, shops, and other hereditaments sett, lying, and being in the parishes of St. Olave Old Jewry, St. Mary Colechurch, St. Stephen Walbrook, Saint Martin Ironmonger Lane, and St. Stephen Coleman Street in London, part of the possessions of the said late College of Acon, of London, which parsonage, messuages, tenements, and other the premises at the time of making the said grants were rated to be of the clear yearly value of 66l. 19s. 6d. over and above 7l. 8s. 10d. reserved yearly for the same to the King's Highness for ever, and over and above all yearly charges and reprises.

It appeared to me important to consider the text of this instrument with the view of ascertaining the limits of the trust, if it had that character, or otherwise, the extent of the liability which it created as against the Company. The Company at my request caused a translation of the Letters Patent to be made, which I append to this report.

By an indenture of the same date as the letters patent the Mercers' Company covenanted to keep three priests and chaplains to sing a mass in the said Mercers' church for the soul of the king and all his progeny for ever, and also to find and keep a free grammar school within the said city perpetually, and to find a sufficient master to teach five and twenty children and scholars freely in the same school continually for ever: and the wardens and commonalty are thereby empowered to nominate and appoint from time to time the said three priests and chaplains, and as many other priests and chaplains and other ministers to serve God and to say masses and other divine service in the same church as to the said wardens and commonalty shall seem convenient, and at their will and pleasure to remove the said priests, chaplains, and ministers, and on the vacating of such offices within eight weeks to appoint other priests or chaplains or schoolmaster to serve as aforesaid, so that the same number of priests and chaplains and the said schoolmaster shall be observed and kept.

The property which passed to the Company under this grant consists of what is in the table of the Company's property set forth in another part of this report, described as King Henry the Eighth's estate (see page ), producing at this time an annual rental of 2,845l.

The expenditure of the Company annually on the school has been a subject of an annual return to the Board, accompanied by a note that the Company are only required by their covenant with the Crown to keep and find a free grammar school for twenty-five scholars in London, but they have for many years provided gratuitous education for 70 boys.

The expenditure of the year 1859 is as follows:—

Reverend John Smith, head master—£s.d.
Salary£28000
Gratuity7000
35000
Reverend T.G. Barry, assistant master, salary30000
Mr. Thomas Wheeler, writing master "15000
Mr. Francis Wattez, French master "14000
Reverend Thomas Hill, retired allowance as late assistant master15000
Mr. William Patrickson, retired allowance as late writing master14000
Mr. Henry Hart retired allowance as late assistant writing master5000
Examiners, classical£10100
" mathematical10100
" French550
2650
Rewards for merit2000
Books for library1000
One year of rent of school premises12000
Repairs25121
Rates and taxes53180
Messrs. Ede for robes13130
Bennett, clockmaker440
Surveyor0130
Head master's disbursements for school, &c.941611
Insurance of school premises7100
£1,656120

The school is situated in College Hill, on the left side of Queen Street, in the line between Cannon Street West and Thames Street. The school consists of a schoolroom and master's residence, erected on the site of part of the estate of Whittington's Charity. The present school premises were built in 1830 by the Company at an expense of about 4,500l. A rent of 120l. per annum (appearing in the above account) is credited annually to Whittington's Charity in respect of the site.

The school up to 1832 was attended by 35 boys, and the number was then increased to 70. Before this augmentation in number the presentation to the school was by the master and wardens. Theoretically it is still the same, but the master and wardens now appoint boys recommended by the Court of Assistants, who nominate in rotation. I append a copy of the rules and orders adopted by the Company with reference to the scholars. The school is generally full, and the nominations are much sought after. The vacancies are filled up monthly. It is considered to be rather of the character of a mercantile than a classical school, although classical studies occupy the principal part of every morning.

There is no payment as expenditure required from the scholars except for books. The scholars are necessarily the children of persons resident in the City or neighbourhood. None of the masters are permitted to take boarders.

The "Rich" exhibitions are not always full. There is at present but one. The Company have raised the amount from 6l. to 70l. The last year (1859) there were two from the school, and one who had been appointed in 1855 for the exhibition having obtained a fellowship, his exhibition then ceased. None are allowed to hold the exhibitions more than five years.

The first increase of the exhibition by the Company was in 1796, when they were raised to 15l. In 1817 they were augmented to 50l., it being found that the smaller sum was not a sufficient inducement to go to the University. In 1854 the present sum of 70l. was granted.

Morley's Charity.

Richard Morley by his will, 2nd March 1727, devised to the Mercers' Company a messuage or tenement called the "Angel and Crown," near Newbury, Berks, on trust to apply the rents towards the support and maintenance of four poor men.

The house which still bears the same name is letto E. Slocock for 42 years, from Lady Day 1836 at a rent of 55l.

The sum of 137l. 10s. 0d. consols, arises from accumulations beyond the sum of 10l. each which had been paid to the four poor men up to the year 1856. The dividends amounting to 4l. 2s. 6d. per annum, are added to the rent and equally divided among four poor men selected by the General Court and not necessarily mercers. They are generally given to old servants or persons who are not mercers. They have received 13l. 0s. 1d. each for the last five years.

Lady Margaret North's Exhibitions.

Lady Margaret North appears by an indenture of 4th December, 17th Elizabeth to have paid to the company a sum of 500l. to advance learning and provide for the relief of some of her kinsmen, the company agreeing to pay yearly to four male children to be taught first in some grammar school and afterwards at Oxford or Cambridge to each 6l. 13s. 4d.

The four exhibitions amount to 26l. 13s. 4d., which is paid out of the rents of the Chalgrave Estate (see my report on Fishbourne's Charity) and to this there is added the dividends on 1,850l. 3l. per centum consols standing to the account of the company the dividends on which amount to 55l. 10s., making an annual income of 82l. 3s. 4d.

This is disposed of in four exhibitions of 20l. a year each. They are held for five years, and are open to students of either university. They are nominated by the Court of Assistants. The Company require certificates of residence, and it is a rule that they must not have any exhibitions of more than 80l. a year from any other source.

Rand's Charity.

John Rand devised to the Mercers' Company, by his will of 27th August 1706, his moiety of three freehold messuages and premises in Tower Street, on trust to pay out of the rents once a year, for acquiting and discharging out of the prisons of Ludgate, Wood Street Compter, and Poultry Compter, so many poor men and women, not exceeding 40s. a piece to each, so far as the said rents would go, and he gave 20s. a piece to the said master and wardens.

The property of the charity is as follows:—

The site of No. 44 and No. 46 Great Tower Street, and of Trinity Buildings, now let on building lease to Sylvanus Phillips for 61 years, from Lady Day 1830, at a rent of£100

Mr. Phillips is stated to be the proprietor of the other moiety. The lease to him of the 6th January 1832, describes the premises devised as "All that undivided moiety or equal half part of the said wardens and commonalty of and in all those two messuages and tenements situate in Tower Street in the parish of Allhallows, numbered 44 and 46, and also all those eight messuages in the rear of the said messuages called Trinity Buildings, lately erected and built on a site of a messuage lately pulled down by the said Sylvanus Phillips and numbered 45 in Tower Street, all which said messuages and premises were theretofore described as three messuages in the occupation of Benjamin Nichols, John Nanwell, and Samuel Townsend."

At the time of the last inquiry (vol. 6, p. 323), a sum of 1,000l. 3l. per cent. consols arising from the accumulations of this charity stood to the account of the Company. This sum of 1,000l. consols was sold out in March 1830 and produced 922l. 13s. 6d. cash. A portion of the amount, viz., 839l. 9s. 10d. was invested in Exchequer bills, which was subsequently sold, to make the payments to Mr. Phillips under the agreement with him.

In January 1832 there was paid to Sylvanus Phillips, for repairs and rebuilding the houses in Tower Street and Trinity Buildings, a sum of 916l. 13s. 4d., and a compensation for extra expenses 45l. It appears that in January 1830, the premises had been represented by Mr. Phillips (upon a report of Mr. Tite the architect) to be in such a dilapidated state that they could not, as to those in the rear, be repaired, but in his (Mr. Tite's) judgment the best plan of occupying the ground would be to repair the front house and rebuild the back, the cost of which was estimated at 1,500l., and the entire annual value, as it then stood, was estimated at 80l. a year. After reports of the Company's surveyor and some negociations it was resolved that the stock before referred to should be sold out. At the same time (February 1830) it was resolved that the premises in Tower Street should be let to Sylvanus Phillips on lease for 61 years at a net rent of 45l., the Company agreeing to expend a sum not exceeding 920l. or such sum as the stock should produce, on the repairs and rebuilding the premises, upon Sylvanus Phillips expending at least an equal sum for the like purpose, under the inspection and to the satisfaction of the Company's surveyor, and paying an additional rent equal to six per cent. upon the amount expended by the Company. The rent during the term is thus made up to 100l. a year, and the accumulated stock is, of course, sunk.

By a bond entered into by the said Sylvanus Phillips, John King, and Charles Phillips, bearing date the 6th October 1842, reciting the lease of the 6th January 1832, and reciting also, another indenture of the same date, between the said S. Phillips of the first part, the company of the second part, and Thomas Watney and others of the third part, for better securing payment of the rent of 100l. a year reserved by the said lease, the said S. Phillips demised all the other undivided moiety of the said premises of which he was seized in fee simple unto the said Watney and others for 61 years, in trust for the said company. And reciting that the said S. Phillips, being desirous that the said last-mentioned undivided moiety should be reassigned to him and released from all claims of the company created by the last-recited indenture, agreed to give to the company the bond of himself and J. King and Charles Phillips, and also the security provided by an indenture of even date herewith which the said company had agreed to accept in lieu of the security provided by the recited indenture without prejudice to any remedy of the said company to enter upon the premises.

It was conditioned, that if the said S. Phillips should, during the said term of 61 years, pay to the said company the said rent of 100l., then the above written bond to be void, otherwise to remain in full force.

The last application of the income for the relief of prisoners was, on an application of the governor of the debtor's prison, in Whitecross Street, in the year 1858, when five prisoners were relieved at an expense of 9l. 10s. (varying from 1l. 10s. to 2l. each), and whose debts varied from 108l. to 22l.

In the year 1857 nine persons were relieved, whose debts varied from 91l. to 13l., at an expense of from 4l. to 5l. each, six by the Insolvent Debtors' Court, and three by arrangement. There appear to be different wards in Whitecross Street corresponding with the names of the more ancient prisons, as Ludgate, Poultry, and Giltspur Street Compter.

There was, up to the 31st December, 1860, a balance of 492l. 6s. to the credit of this charity, of which an investment of a portion in 300l. consols, has been directed by the company.

Rich's Charities.

Thomas Rich, by his will, of the 21st August 1672, devised to the Mercers' Company (after his wife's death) all his tenements and hereditaments in St. Mary Axe, upon condition that the company should pay yearly two exhibitions of 6l. a piece unto two poor scholars taught in the Mercers' Chapel School, and from thence sent to the University; and also to pay to Christ's Hospital annually 12l. for two other exhibitions, and that the residue should be expended by the master and wardens in a collation for their pains.

And the testator gave also to the company (after the death of his wife) all his dwelling house, gardens, orchards and appurtenances in West Ham upon trust out of the rents to pay yearly for ever,

£s.d.
"To the clerk of the company for going over yearly to see that the two school charities be duly performed100
"To the wardens and such of the assistants as they should call for a collation or otherwise, to mind the clerk of his duty"300

And to divide the residue into two parts, and pay one moiety thereof to the schoolmaster of the Mercers' Chapel School for his better maintenance in the management thereof, and pay the other moiety for the teaching, educating, and instructing of so many poor men's children, born in the parish of Lambeth, who are not able to maintain them in learning the Latin tongue, writing, cyphering, or reading, as the same will yearly amount unto, at such rates as they should agree upon for their teaching.

And the testator gave to the wardens and commonalty 100l. to be lent to young freemen of the Company from three years to three years, upon security for repayment with interest at 33s. 4d. per annum only, such interest to be divided between the clerk and officers of the Company, as therein mentioned (see Money Legacy Charities. "Thomas Rich's Gift.").

The Company are possessed of a house in St. Mary Axe, No. 52, occupied by George Head, trustee of Dr. Smith, a tenant under the Company, upon a lease expiring in 1871, at a rent which far exceeds the two sums of 12l. charged thereon.

The sums appropriated as exhibitions, the same not having been filled up for many years, were invested in the funds, and are now represented by one year's interest on 5,000l. consols, being part of the sum of 74,121l. 0s. 4d. standing in the name of the Wardens and Commonalty of the Mystery of Mercers of the City of London. £150

£s.d.
And one year's interest on the 1,000l. Reduced annuities, being part of 27,028l. 16s. 4d. standing in the name of the Wardens and Commonalty of the Mystery of Mercers of the City of London3000

The 12l. a year is annually paid to Christ's Hospital.

£s.d.
The income of the Exhibition Fund for the Mercers' School is therefore1200
The rentcharge for Mercers' School and the dividends18000
£19200

In addition to the accumulations which have been invested, there was, at the end of 1859, a balance of cash amounting to 474l. 8s. 9½d.

I have mentioned in my report on the Mercers' School, the gradual increase in the amount of the exhibitions which has been made by the Company. They were raised in 1854 to 70l. a year, and it will be seen that the state of the accumulated fund would now admit of a further increase to 96l. per annum, or, which would probably be better, to the establishment of three exhibitions at from 60l. to 70l. a year instead of two.

The choice of the exhibitioner has generally been by the recommendation of the head-master. In any case of competition, the election would be in the General Court, at which the whole of the members of the Company are summoned.

The general body would not, in such case, be controlled in their choice by any report of the master or examiners of the school.

The West Ham estate was in the year 1845 taken by the "Eastern Counties Railway Company" by agreement with the Company, at the price of 1,750l. The sum has been invested in the sum of 1,951l. 2s. 1d. 3l. per centum consols which stands to the account of the Company (being part of a larger sum of 74,121l. 0s. 4d. like stock), the dividends being 58l. 10s. 6d.

The income tax and the annual charges of 4l. for the Company and the clerk being deducted, left in 1859 two sums or moieties of 26l. 12s. 10d.

Of this, one moiety (or 26l. 12s. 10d.) is paid to the head master of the Mercers' School, in addition to the salary and gratuity amounting to 350l. a year paid to him, as mentioned in my report on that school.

The other 26l. 12s. 10d. is paid by the Company to the master of the Free Grammar School, Lambeth (Mr. Bailey).

Mrs. Robinson's Exhibitions.

Mrs. Mary Robinson by her will proved 26th September 1618, gave to the Company 500l. to purchase land of the yearly value of 25l. for four poor Cambridge scholars, so as they should become students in divinity and preachers of the gospel. The fund standing to the credit of this charity is 1,800l. 3l. per centum Consolidated annuities, and 1,040l. 9s. 3d. 3l. per centum Reduced annuities which arose from accumulations. The sum of 500l., with several other charitable bequests amounting altogether to 6,560l., was laid out in the purchase of the Chalgrave estate in Bedfordshire (see Report on Fishborne's charity). The net rental of that estate was, in the year 1860, 644l. 19s. 9d., of which 49l. 3s. 2d. belongs to Robinson's Exhibition Charity.

The fund therefore consists of—

£s.d.
Dividends in 1,800l. consols5400
Do. on 1,040l. 9s. 3d. Reduced stock3142
Rent4932
£13474

The last year's (1860) expenditure was 105l., being for three exhibitions of 30l. a year, and half a year's exhibition, 15l. There are generally four exhibitions of 30l. a year for students at Cambridge at any College. They are elected by the general court, and produce, half-yearly, their certificates of residence. The exhibition is generally retained for five years.

There was at the end of 1860, a balance of cash in favour of this charity of 446l. 4s. 6½d.

Rowe's Gift.

Sir Henry Rowe, by his will (date not known) gave to the Company 200l. to be lent to two young freemen at 5l. per cent., and distributed as follows:—

£s.d.
Poor of St. Martin Outwich, in bread2120
Coal240
Poor of Hackney (in bread)2120
Coal240
Beadle of the Company080

This gift formed part of the investment in the "Chalgrave estate" (see Fishborne's charities), and I should apprehend that the objects of the charity are entitled to two sixty-fifths of the rents of that estate, amounting to 21l. The Company, however, only pay the specific sums. Of these 4l. 16s. is paid to the collector for the parish of Hackney, with the interest on a sum of 48l. 3s. consols, accumulations from arrears and producing 1l. 9s. 2d. dividend, making together 6l. 5s. 2d.

The Company, also, pay a like annual sum of 6l. 5s. 2d. for the like rentcharge and accumulations and dividend thereon to the overseer of the parish of St. Martin Outwich. The beadle of the Company receives 8s. a year.

St. Paul's School.

The Commissioners of Inquiry reported on this institution and its endowments at much length (see p. 240–241, Report, vol. 3). Shortly before the commencement of my inquiry, a suit had been instituted by information and Bill (with the previous sanction of the board) by the Attorney-General and Baron Rothschild against the Mercers' Company in respect of certain estates in Buckinghamshire, regarded as forming part of the endowment of the school. In the defence to that suit, the Mercers' Company amongst other points were advised to assert that the estates in question were not the property of the school, but were estates held by the Mercers' Company in their own right, charged only with certain duties in respect of the maintenance of the school. I understand that the same point is insisted upon with reference to the general estates treated by the Commissioners of Inquiry as the property of the Charity. Under these circumstances, as the nature and extent of my inquiry would be necessarily affected very materially by the determination of the question in favour of the claim of the Company, at the request of the officers of the Company attending on the occasion, I have thought it right to defer the investigation as to St. Paul's School until the suit now before the Court of Chancery is disposed of. (fn. 1)

Mrs. Savage's Charity.

Mrs. Jane Savage, by her will (date not known), gave to the Company 2,000l. to be laid out in the purchase of lands of the annual value of 100l., 20l. to the Company for their own proper use, and 80l. for discharging poor prisoners for debt out of Ludgate, Newgate, and the two Compters.

The property of the Charity consists of an income of 60l. 8s. (as stated in the printed reports, vol. 6, p. 321), or four fifths of the income of the entire sum (75l. 10s.), the remaining one-fifth being given to the Company, which constitutes a charge on the property called Henry the Eighth's estate, and also the dividends on 450l, 3l. per cent. consols, producing 13l. 10s. a year. This is applied to the discharge of prisoners for debt in Whitecross Street prison. In the year 1859 the sum of 81l. was applied in the release of 23 prisoners. A list was sent by the governor of the prison (Colonel Hicks), till lately to the Company, and upon that list their order was made. There was, at the end of the year 1860 (31st December), a balance of 178l. 7s. to the credit of the Charity. (fn. 2)

Sermons in Lent.

I have appended to this report a translation of the letters patent of the 21st April 1542 (33 Hen. 8.), whereby the King granted to the Mercers' Company the church and possessions of the college of Acon in consideration of a sum of 969l. 17s. 6d. paid by the Company, and by an indenture of the same date, reciting the grant, and which must be regarded as a part of the same transaction, the Company, besides maintaining the Mercers' school (as to which see the report thereon), was to provide every Sunday, in the time of Lent, a learned man to make a sermon within the said church, thenceforth to be called "The Church of The Mercers."

Six sermons are preached in the six Sundays in Lent in the Mercers' chapel by preachers [appointed by the wardens.

One pound is stated to be now paid to the preacher for each sermon. The former report states the payment for each to have been 2l. 2s.

Trinity Hospital, Greenwich.

Henry, Earl of Northampton, by his will of the 14th June, 1614, ordered his executors to procure that the hospital, begun by him at East Greenwich, should be founded and incorporated and endowed with lands therein mentioned.

And, by Letters Patent, of the 5th June, 1615, King James 1st granted that the said edifice so begun should for ever be an hospital for the support and relief of poor indigent men, to be called "The Hospital of the Holy and Undivided Trinity, in East Greenwich, founded by Henry Howard, Earl of Northampton," and to consist of a warden and 20 poor men, to be nominated by the Mercers' Company.

This charity being, as the Commissioners of Inquiry conceived, under the government of the Mercers' Company as special visitors appointed by the founder was not the subject of inquiry with the other charities of the Company. (See vol. 6, p. 301.) It however, became the subject of a full inquiry and report, at a later occasion, when subsequent Acts had removed the difficulty as to visitatorial jurisdiction.

The Letters Patent and the statutes for the government of the hospital, made and signed by the Earls of Arundel, Suffolk and Worcester, and John Griffith, one of the executors of the Earl of Northampton, are set forth and occupy six folio pages of that report (pp. 5–10), to which I beg to refer:—The estates purchased by the executors were conveyed to Fowke and others, citizens and mercers, as trustees of the endowment, by an indenture of the 27th August 1625, mentioned in the said report (p. 11), and various other premises have been purchased from time to time out of the funds of the hospital. Report (pp. 12, 13, 14.)

On the 8th November 1832, an information was filed by the Attorney-General, at the relation of Benjamin Holman and Edmund Cuttriss (two of the poor men in the hospital) against the Corporation of the Hospital of "The Holy and Undivided Trinity in East Greenwich, founded by Henry, Earl of Northampton," and William Smith, the then warden of the hospital, and the Mercers' Company, for an account of the hospital estates, both originally and subsequently acquired, and of the receipts and expenditure for the preceding 30 years, "and a true account of the sums paid, laid out, and expended in, and about the entertainment and expenses of, and attending the visitation of the said Mercers' company, or visitors yearly, and every year during the same period," and that it might be referred to the master to take the accounts of the estate, and he might be directed to enquire what balances of the rents and income of the said hospital had been from time to time, and how long in the hands of the warden thereof, and that the said defendants William Smith and the Mercers' Company, or some of them, might be charged with interest on such balances so suffered to remain in the hands of the warden, and that the master might also be directed to take an account of all sums of money paid, laid out and expended, out of the moneys belonging to the said hospital, for or upon the entertainment of the said Mercers' Company, or the visitors elected therefrom at their visitations of the said hospital, and that all such sums as should be found to have been so expended above the sum of 5l. per annum might be decreed to be answered and paid by the defendants William Smith and the wardens and commonalty, some or one of them. And that the said master might also be directed to enquire whether some and what augmentation or increased allowance ought not to be made to the pensioners of the said hospital, and to approve of the same, and also to settle and approve of a scheme for the application of what should be found to be the surplus income of the said hospital above the just expenditure thereof in the augmentation and increase of the said charity.

The information was amended by stating that the pensioners had been excluded from the management of the estates, and that leases had been granted without their assent. The defendants in their answer on the question of law, whether such assent was required, set forth the accounts asked for by the ex-governor, and submitted that under the 24th and last of the statutes and ordinances of the hospital (see report, p. 10), that the sum of 5l. named in the said statutes and ordinances as the limit to the expense of the said visitation on Trinity Monday, was wholly inadequate to pay the necessary expenses of such visitation, or to provide what the said statutes direct, and that the intention of the framers of the said statutes and ordinances could not be effected for any such sum, and that under the last statute thereinbefore set forth, an increase of such expense was contemplated, and was under the circumstances justifiable.

The statute referred to is not fully set forth in the report, as stated in the answer of the defendants. It is as follows:—

"Lastly, notwithstanding these foresaid rules and ordinances, we reserve to ourselves power and authority, according to His Majesty's said Letters Patent, at all time and times during our natural lives to add, to take away, to declare, direct, and change any of the said rules and ordinances; and because no present wisdom can foresee and provide for all future events, that time may produce in change of prices both of land and of victuals, We do also ordain and do give power and authority to the Mercers' Company, whereof the 2 senior wardens and 6 of the assistants, to be always 8; and the heir of the said Earl of Northampton for the time being at all times and from time to time after our decease for the better government of the hospital, or disposal of the lands to greater profit, to alter or change any of these ordinances or rules, and new statutes to ordain, as in their judgment and discretion shall seem most convenient, so the said statutes be not repugnant to the will of the founder nor to the power given to us by His Majesty's said Letters Patent, and we do further ordain that the founder's heir for the time being (if he be free of the said Mystery of Mercers), shall always be one of the 12 to be yearly nominated and approved as aforesaid to be one of the visitors of the said hospital."

It appears that at this stage of the cause considerable discussion took place between the solicitors of the relators and those of the Mercers' Company on the terms of the decree. The following correspondence has been referred to. On the 2nd March, 1835, Messrs. Yates and Turner sent to Messrs. Croft and Whiteside the proposed terms of the decree, as follows:—

"Refer it to the master to inquire of what the charity estates consist.

"Take an account of the rents and profits received by the defendants for 20 years, or for 6 years prior to the filing of the information, as counsel may agree on, and of the application thereof.

"Refer it to the master to approve of a scheme for the appropriation of the balance, if any, due from the defendants on the said account, and of the future surplus income for the augmentation and increase of the said Charity and for the benefit of the objects and purposes of the said Charity.

"Costs of the parties as counsel may agree on."

On the 13th March 1835 Messrs. Croft and Whiteside replied, that they could not advise their clients to agree to minutes at all similar to those contained in the letter of the 2nd March.

The discussion was re-opened on the 25th March, 1836, by a letter from Messrs. Yates and Turner (the suit having on the 20th January 1836 come on and been ordered to stand over that the corporation of "Trinity Hospital" might be added as a party), referring to their letter of the 2nd March 1835, and the minutes thereby proposed, and adding, that such minutes might possibly be reduced into a reference for a scheme only if it should be considered that that would meet the justice of the case, and to state that if they were not such as Messrs. Crofts could advise their clients to adopt Messrs. Yates and Turner would thank them to make any specific objections or alterations they might be advised, and they added, "that if the spirit of this "communication be recognised by your clients, the suit may be cheaply and speedily disposed of."

The defendants solicitors replied on the 24th May 1836, that "the terms hitherto proposed are such as they could not afford any facility for obtaining; it is evident that no scheme is requisite, full powers being vested in the visitors and the heirs of the founder, and indeed the only point on which the opinion of the court is required, is the amount proper to be allowed the defendants for the expenses of the annual visitation."

The relator's solicitors replied, "We should be well pleased if we could adopt the proposition contained in your letter of the 14th inst., but we are advised that the court will not determine the amount proper to be allowed the defendants for the expense of the annual visitation without the usual reference to the master. If, however, your counsel differs in his opinion, we submit the least expensive and most expeditious course would be for them to meet in conference and settle the proper minutes. We beg that this communication may be received, as it is made, without prejudice."

Counsel appear to have been consulted, and to have expressed great doubts whether the Attorney-General or the court would permit the proceedings on behalf of the charity to be confined to such a result as that which was proposed. It seems, however, that the parties succeeded in obtaining the decree, getting rid, in fact, of the suit, and at the same time paying all parties their costs.

The Company appear to have felt a doubt how far they might properly submit to so limited a decree, even with reference to their own duties to the charity: and they therefore submitted the case to Mr. Jacob and Mr. Lowndes, who gave the following opinion, which I extract, as explaining the terms of the decree.

"We are of opinion that the Mercers' Company, and the heir of the founder, have the power in themselves to make new ordinances and statutes, and to frame a scheme for the future management of the charity, provided the same be not repugnant to the will of the founder, or to the power given by the letters patent of James 1st, but, if any object the company may have in view for the future management of the charity, should not be consistent with the will of the founder, or, it should be doubtful whether that object were, or not, consistent therewith, the company might then, for their protection, have recourse to the Court of Chancery by a summary application on petition, by which there would be less expense and more facility than by any proceedings in the existing information.

"We, therefore, think that the decree to be made on the hearing, may prudently be restricted to the terms proposed, but we should recommend either that the bill should be dismissed as to its other objects beyond the inquiry as to the expense of the annual visitation, or that there should be added to the proposed minutes a direction that the warden shall be at liberty in future to expend an annual sum not exceeding what the master shall certify to be a proper allowance in defraying the expenses of the annual visitation, and in this latter case, the reservation of further directions shall be struck out of the proposed minutes."

The cause came on to be heard on the 29th June 1836 before the Vice-Chancellor of England, when it was referred to the master to state what would be a fit and proper allowance to be made to the defendants for the expense of the annual visitation of the hospital for the future, regard being had to the founder's will and the altered circumstances in the value of money, and of the charity property and income therein also mentioned and it was ordered that the information with respect to all matters and questions, other than the future expense of the said annual visitation, should stand dismissed out of the court, and that it be referred to the master to tax all parties their costs of and relating to the suit, as between solicitor and client, to be paid and retained by the defendant William Smith out of the charity funds who was also to pay to the defendants the Mercers' Company all proper costs charges and expenses incurred by them as trustees, or visitors in relation to the suit, to be taxed and settled by the said master.

The master, by his report of the 2nd May 1837, set forth so much of the second ordinance (see vol. 28, p. 6) of the hospital as prescribed the number of members of the company, who were to be chosen visitors, and that the total annual rental of the property of the said hospital at the time of the endowment thereof, amounted to the sum of 400l. or thereabouts, and that the then annual rental of the hereditaments with which the said hospital was originally endowed, amounted to the sum of 1,850l. or thereabouts, and the master found that having referred to the founder's will and the altered circumstances in the value of money, and the charity property and income, that an annual sum of 50l. would be a fit and proper allowance to be made for the expenses of the annual visitation. The cause was heard, on further directions, on 26th May 1837, and the report having been confirmed, it was then declared that the said sum of 50l. would be a fit and proper allowance to be made accordingly.

The costs which, up to the first report, had amounted to 756l. 13s. 4d., and the further costs were taxed and paid out of the charity funds. It thus appears that the only benefit of the suit was to settle the visitation allowance, which was thus reduced to 50l. from 89l. 11s. 8d., which it had been in 1833 (see report, p. 17) at an expense not much short of 1,000l., the interest of which would nearly have produced the difference.

The portion of the estate of the charity which lies in the parishes of Greenwich, Lewisham, and Bexley, in the county of Kent, consists of various detached properties. Upon this portion of the estate no building operations have been carried on, owing to apprehensions entertained by the Company, in consequence of legal advice they received, that they had no power to advance any moneys for the purpose of making roads or facilitating the improvement of the estate and buildings.

The hospital

In hand.

Trinity Hospital Estate.

No., &c.Situation.Lessees.Commencement and Term.Rent.
£s.d.
4Charing CrossJohn AveryChristmas, 185221 years12300
5Do.Mary Ann WatkinsDo.Do.215100
6Do.T. W. SaundersDo.Do.128100
7Do.William JolleyDo.Do.12800
8Do.Richard MorseDo.Do.102100
Trinity Place, Charing Cross.Greenwood and Co.Christmas, 181061 years2500
Do."Sun" Fire OfficeLady-day, 18565, 12, or 19 years.6000
1 to 5Do.Louis MitchellMichaelmas, 181161 years2400
a. r. p.
31 1 36Greenwich, KentThomas WheatleyMichaelmas, 18417, 14, or 21 years.12500
14 0 0Lewisham, KentThomas ClarkMichaelmas, 184221 years2100
25 3 29Do.Thomas ClarkMichaelmas, 1849Yearly9000
3 3 30Do.Edward LeghMichaelmas, 184221 years2000
3 3 21Do.Henry LeeMichaelmas, 182471 years2000
10 1 3Do.George L. TaylorLady-day, 182580 years6000
15 1 36Do.Edward SpellerMidsummer, 1858Yearly3700
0 2 0Do.James E. BoydMichaelmas, 185461 years1000
37 2 25Mottingham, KentThos. McLeodMidsummer, 185880 years12000
73 3 17Do.William BrownMichaelmas, 185521 years15000
25 2 4Bexley, KentJohn SmithMichaelmas, 182342 years5000
7 2 13Sydenham, KentJohn ForsterMichaelmas, 182865 years1500
233 0 2Higham, KentMary G. TadmanMichaelmas, 184914 years30000
Do.Do.Michaelmas, 18567¼ years23160
431 0 33Bradwell Abbey, BucksRobert AdamsMichaelmas, 18587 or 14 years62500
1 1 31Bexley Heath, KentGiles KnottMichaelmas, 1848Yearly300
0 0 21BromleyThos. GreenawayChristmas, 182520 years100
LightGreenwichThos. QuartermaineLady-day, 1853Yearly050
£2477110
£s.d.
Brought forward2,477110
There is also the following stock standing in the name of the "Wardens and Poor Men of the Hospital of The Holy and Undivided Trinity of the Foundation of Henry Howard, Earl of Northampton, East Greenwich":—
21,700l. 3l. per cent. Consolidated Annuities65100
1,183l. 10s. 9d. 3l. per cent. Reduced Annuities35100
£3,16410

The sum of stock has been produced by the addition of the surplus income from time to time, to the 8,500l. Consols, which stood to the credit of the Charity at the time of the last report (Vol. 28. p. 15). The Commissioners then stated that the Hospital was in such a bad condition that it would be necessary to rebuild it in the course of a few years, and that the accumulation then made had been with that view. The intention of rebuilding has not yet been carried out.

I. The charges on the estate are as follows:—

£s.d.
Warden of "Castle-Rising" Hospital, Norfolk500
Warden of Clun Hospital (Salop)500
Churchwardens of Framlingham, Suffolk (where the tomb of the founder is said to be), and the parish clerk200
The Mercers' Company368
Surveyors' Charges
£s.d.£s.d.
18598802000
185871701639average
185713262800
Solicitors' Charges
£s.d.
1858581203438average5800
18591010272120
Land Agents
£s.d.
185721004800
1858101505396average
185928303316
Clerk of the Company4000
Accountant of Company2000
Two Beadles of Company (each 5l.)1000
Repairs of farms—1857, 1858, 1859 (average)581010
Insurances (including the hospital and farms)52139
Easter offerings to the Vicar160
Carriages for company at the Visitation, 18598132
Dinner at the Visitation (12 persons)3950
Subscription to the National School at Higham500
There have been annually considerable repairs on the estates of the hospital—
£s.d.
185910000Bradwell Abbey
185847180Higham
185727165Lewisham, say6000
£436155

II. The expenses of the establishment of the hospital, at this time, are as follow:—

£s.d.£s.d.
A Warden13000
(and for travelling charges)2000
and every second year 5l. for a gown2100
152100
The present Warden is Mr. Arthur Podmore. He was elected in May, 1842, and is, according to the present statutes of the hospital, unmarried.
The Warden has double commons (single commons being 13s. per week)67120
Allowance for washing600
Do. garden880
Do. for rates and taxes (1859)5110
87110
Twenty poor men, who are allowed each per annum, for extra expenses, groceries, &c.3110
Commons at 13s. per week33160
Gown every year, and fine gown every second year350
Visitation gift for good conduct100
41120
83200
The poor men have also the benefit of the vegetables raised in the garden, which they may sell.
One of the twenty poor men is sub-warden, who reads prayers and performs evening services13140
The Cook
Salary20100
Commons, 13s. per week33160
5460
The Butler
Salary and commons5460
Two Nurses
First poor woman16180
and commons33160
50140
Second poor woman1300
and commons33160
46160
Nightly Nurses
£ s.d.
1857132150average9680
18588040
18597660
Medical attendant and medicines of Mr. Watsford, Surgeon4000
342100
£1,4271510

III. Occasional and other charges and disbursements, on account of the hospital and inmates:—

£s.d.£s.d.
Poor men's dinner on Visitation Day, (1859)1413
Coals for the hospital and poor (35 tons)38100
Baron of beef, allowed to the poor, on Christmas-day (1859)748
Funeral allowance500
Gas980
The repairs of the hospital for the three years 1857, 1858, and 1859 have averaged3423
10862
In the year 1856 a sum of 484l. 4s. 5d. was expended in repairs to the hospital, which is not included in the above average.
Garden expenses (1859)—
Sticks4190
"3190
"450
Manure9150
22180
Warden's Orders for candles, oil, soap, and chandlery (1859)2707
Washing600
Cleaning wharf100
Statutes of the hospital, sent in 1859, to the Duke of Norfolk, as the heir of the founder7134
Petty expenses paid by the Warden (1859)201811
851010
£193170

It appears by the foregoing tables that the income of the hospital is 3,164l. 0s. 1d.

The expenditure is as follows:—

£s.d.
1st. The charges on the estate436155
2nd. The expenses of the establishment of the hospital1,4271510
3rd. Occasional and other charges and disbursements on account of the hospital193170
£2,05883

The surplus income above the expenditure of the charity, on its present footing, may be therefore stated at about 1,100l., although upon a computation of six years the accountant of the company informs me that he does not calculate the annual income at more than 2,965l., nor the annual expenditure at less than 2,224l.; and therefore the annual surplus at more than 741l. The accumulations up to this time are represented by the stock invested to the account of the charity, as above-stated. The last three years the investment has been 700l. stock annually. The number of inmates continue the same as at the foundation, namely, twelve poor men out of East Greenwich, and eight from Shottisham. The form of notice sent by the company to each parish, on the occasion of a vacancy, is appended to this report, as also the statement of qualification which accompanies. The parishes propose two persons, in the form pointed out; and in the case of East Greenwich both of the nominces attend the general court of the company, and one of them is selected. In the case of Shottisham, personal attendance is dispensed with, and the election is made commonly of the first of the two names appointed. They are all at present necessarily single men.

The Mercers' Company have solicited a Bill, to be intituled, "An Act for the rebuilding of Trinity Hospital, East Greenwich, and for the better leasing of the Estates of the Hospital, and for other Purposes," which Bill is now before the House of Lords.

On the subject of this Bill, an application was made to the Charity Commissioners by the Mercers' Company at the beginning of the year 1861, to which a reply of the Board was transmitted, dated the 17th April, 1861, to which I beg to refer. (fn. 3)

Appendix.

Whereas there is a place now void in the Hospital of the Holy and Undivided Trinity in East Greenwich (of the foundation of Henry Earl of Northampton) by the death of, late one of the almsmen there, which is one of the eight places limited by his Lordship's will to Shottisham. These are to will and require you, or so many of you that can attend this work of charity, the next Sunday after the receipt hereof, to meet together after evening prayer, in the parish church of St. Mary's, where having first taken view of all the poor inhabitants of your parishes that are by statute capable of places in the Hospital, to nominate to such of the said poor inhabitants as in your consciences you think (without particular respect, reward, meed, or affection) to have most need, and be fittest for the place, and make certificate thereof unto us in writing under your hands and seals, that we may make choice of one of those two by you to be nominated into the room now void, and give warrant to the Warden of the Hospital to receive and admit him a member of the house.

Given under our hands, at Mercers' Hall, this day of , 186 ,

— — — — —

To our loving friends the ministers, churchwardens, side-men, overseers of the poor, and constables of the parishes of St. Mary's, St. Martin's, and All Saints in Shottisham

To the Right Worshipful the Wardens and Commonalty of the Mystery of Mercers of London, Governors of the Hospital of the Holy and Undivided Trinity in East Greenwich.

According to the late directions we received by letters from your worships for the nomination of one almsman to be placed in the said hospital in the room of deceased, we met together on, and after view and examination taken of the poor inhabitants, that are by the founders' institution capable of places in the hospital, we have nominated these two whose names are here under written. We know them both to be of honest life, and persons in all points qualified, according to the founders' institution, and meet to receive that honourable relief and charity that his Lordship provided for them, and therefore humbly pray you to give present order that one of them may be admitted into the place now void.

(Names of the two candidates with their ages.)

Signed by the vicar, churchwardens, overseers, and three inhabitants of Shottesham.

In reply to the notice of my inquiry forwarded to Shottesham parish, I have received the following letter

"Shottesham Rectory, March 11, 1861.

"Sir,

"In accordance with your request, I caused the notice paper you sent us to be affixed on the church door of each of the parishes of Shotesham yesterday. previous to divine service, but I have not received any information to forward to you on the subject of the notice. I have ventured to inclose a copy of the qualification, which is always sent down with the notice of a vacancy. It has been ever the custom to act on the impression that the persons nominated must be legally settled in Shottesham, whereas the terms of the qualification would only seem to require that they should have been inhabitants of the parish for four years immediately previous. If a legal settlement is necessary, might not the residence be extended to the limits of the Union? Might not, also, a person who is irremoveable, be fairly made eligible? There are other parts of the qualification quite antiquated.

"I am, &c. "C. Fellows."

"T. Hare, Esq.

To the foregoing letter I have transmitted the following reply: "Charity Commission, March 12, 1861.

"Rev. Sir,

Trinity Hospital, Greenwich.

In reply to your inquiry as to whether legal settlement in Shottesham is a necessary qualification for a person to be presented to this hospital, it will be satisfactory to you to be informed that no such legal settlement is necessary. The laws of settlement have an entirely different object, and although the habit has, in many cases, grown up to confine such benefactions to persons legally settled, that habit is in fact an abuse, having its origin, I believe, in many cases from a desire less to relieve the most deserving objects than to relieve the poors' rate, in the parish.

I have, &c. Thos. Hare.

"Rev. Charles Fellowes, Shottesham."

Warren's Gift.

Sir Ralph Warren gave the Company 100l. for the maintenance of 20 nobles (6l. 13s. 4d.) per annum towards a dinner on Midsummer day.

This is stated to have been a portion of the purchase money of the Chalgrave estate. The share of the rents, in the proportion which 100l. bears to the entire purchase money, is applicable under this gift to the disposal of the Company.

Whittington's Almshouses.

Sir Richard Whittington, Knight, citizen, mercer, and alderman of London, and oftentimes mayor of the same city, by his will of the 5th September 1421, proved in the Court of Hustings at Guildhall on Monday next after the Feast of All Saints, and first of Henry 6th, 1423, bequeathed to his executors, John Coventre, John Carpenter, and three others, a tenement in which he dwelt in the parish of St. Andrew, near Castle Bay nard, and his lands and tenements in the parish of St. Michael Bassinghall, and St. Botolph-without-Bishopsgate, and elsewhere in London, with a direction to sell the same and distribute the money for his soul and the souls of his father, mother, Alice his wife, and all of those to when he was under any obligation, and of all faithful souls deceased, and he bequeathed the residue of his goods to his executors to be disposed of in charitable works for his soul, as they would do for their own souls in like case.

The proceedings taken on the Foundation of Whittington College appear by the following:—

10 Henry 6th, May 1432.—Extract of a Charter granted by Henry 6th, respecting the will of Sir Richard Whittington.

The charter, dated May, 10th Henry 6th, recites by Inspeximus Letters Patent, 18th November, 3 Henry 6th, of license of founding a certain college in the Church of St. Michael Rial, London, and one almshouse near the same, by the executors of the testament of Richard Whittington, late citizen and mercer of London, which license is to the effect following:—Henry, &c. Know ye, that we of our special grace, &c., have given license to John Coventre, John Carpenter, and William Grove, executors of the testament of Richard Whittington, that they might found a certain college to consist of five chaplains, one whereof to be master in the parish church of St. Michael Paternoster, in the Riol, London, and one almshouse near the same to consist of 13 poor persons, one whereof to be tutor; and that they might give and assign to the said master and chaplains one messuage, with the appurtenances, to dwell in, situate near the said church; and to the said tutor and poor persons the said almshouse to dwell in, which are held of us in Burgage, to have and to hold to the said master and chaplains, and their successors, celebrating Divine service there, for the souls of the said Richard, &c., according to the ordinance to be made therein; and the said almshouse to the said tutor and poor persons, and their successors, according to like ordination of the said executors to be made, &c., saving to us the services due and accustomed.

In witness, &c.

The charter next inspects letters of Henry, Archbishop of Canterbury, of like license to found, &c. to the said executors, dated at Lambeth, 1424. It then inspects the counterpart of an indenture by the Prior and Chapter of Canterbury, at the instance of the sam executors, made to the Wardens and Commonalty of the Mystery of Mercers, London, and their successors, of the nomination and disposition of the said Church of St. Michael, when vacant, for ever, dated 8th December, 3 Henry 6th. It then inspects other Letters Patent of confirmation of the said indenture by King Henry 6th, dated 12th February, 3rd of his reign. It then inspects the erection, foundation, and ordinances of the said college, made by the aforesaid executors in virtue and authority of the letters of license and writing aforesaid, made in these words:—To all the faithful in Christ, &c., John Coventre, John Carpenter, and William Grove, executors of the will of Richard Whittington, late citizen and mercer of the city of London, and ofttimes mayor of the said city, send greeting, &c. This deed of foundation then proceeds to declare the several articles to be ordained. 1st. That there shall be in the Church of St. Michael a perpetual college of five chaplains, secular men, and not elsewhere beneficed nor having any patrimony of their own whereupon they can subsist, one whereof to be called master of the said college, and of two clerks besides the parish clerk of the said church; as also of four choristers to reside in a collegiate manner, which master and chaplains we will to be perpetual (that is to say) the master in manner and form within written elected, and the chaplains, unless for certain causes specified within, are not to be removable, but the clerks, choristers, to be removable at the pleasure of the executors whilst they live, and afterwards at the pleasure of the master and chaplains; it then gives the names of the first master and chaplains; it then directs the mode of election of the master, &c. and, for non-appointment within a certain time, to devolve to the wardens of the Mystery of Mercers, who are to elect within a month.

It then proceeds to the declaration of divers other ordinances, as to forfeiture of money in case of neglect of duty, &c. &c., there are then articles respecting the audit of accounts in November, and taking an inventory of the College, stock and treasure, and that the College shall have a common chest and common seal, &c. Item, we ordain that the wardens of the Mystery of Mercers and their successors, shall for ever have the care and custody of the small house which we have lately built at the east end of the chancel of the said church, to keep all the evidences and writings touching the lands, tenements and rents to them given, or to be given for the support of the College and almshouse aforesaid. We will, also, and appoint that the survey and conservation of the College aforesaid, and the state of the same shall belong to us during our life, and afterwards to the Mayor of London, and the wardens of the Mystery of Mercers for the time being shall appertain and devolve, so that the same Mayor and his successors, and the said wardens and their successors shall be deemed and called conservators or advocates of the College aforesaid for ever, and all the plate and books of the said College are always to remain to the use of the same.

And, these ordinations so by us made, we will, always to be observed, saving to us the power of altering and changing the same, and after our decease power to the Mayor of London and the Prior of the Carthusians of explaining and declaring the doubtful passages thereof dated 18th December, 3 Henry 6th.

It then inspects certain other ordinances of the College made by the said executors, which first declares the founding of the College, but, inasmuch as it is not sufficiently endowed, it grants to the master and chaplains, as well in money as in lands and tenements of Richard Whittington, being in their possession 63l. per annum for the support of the charges incumbent on the said College, until by the lands, rents or tenements then belonging thereto, or by any gift of any honest citizen, or by the King's license or otherwise, the said College shall have so much per annum.

There are then some further ordinances and regulations, chiefly regarding the internal rules, &c. of the College; this is dated 13th February, 3 Henry 6th. The charter then inspects the erection, foundation and ordinances of the almshouses by the said executors of Whittington, this is dated 21st December, 3 Henry 6th. The charter then inspects other ordinations of the said almshouse granting per annum, out of Whittington's effects, the annual sum of 40l. as well in money as in lands and tenements, this is dated 10th February, 3 Henry 6th. It then inspects a grant from the said executors to the master and chaplains of the College aforesaid, of a house and land late purchased of Henry Jolyate, this is dated 19th December, 3 Henry 6th. The charter then inspects another deed of the said executors touching the almshouse, dated the 22nd December, 3 Henry 6th. It then inspects the will of George Gerveys, late citizen and grocer of London, of a competent endowment as well to the College as almshouse, wherein the first devises to the master and chaplains of the College of St. Michael Riall, a tenement with a garden in the same parish, and then a messuage to the tutor, five poor men of the almshouse which he had by feoffment of John Carpenter. He then leaves to the said master and chaplains an annual rent of 63l. which he purchased of John Carpenter, arising from lands and tenements in the parishes of St. Michael Riall, St. Lawrence Old Jewry, St. Mary Magdalen, Milk Street, All Saints Barking, St. Dunstan East, St. Leonard Eastcheap, St. Margaret Bridge Street, St. Stephen Coleman Street, St. John Walbrook, St. Michael Basingshaw, St. Gregory near St. Paul's Chain, St. Botolph Bishopsgate, St. Bartholomew the Little, St. Benet Fink, St. Michael Cornhill, St. Martin Outwich, St. Mary Bow, and St. Lawrence Pountney. He then leaves an annual rent of 40l. lately purchased of John Carpenter, to the tutor and poor persons of the almshouse, this will is dated 7th May, 10 Henry 6th.

It then inspects the will of William Sevenoke, whereby he leaves his lands and tenements in St. Martin Outwich and St. Mary Bow, to the said wardens, and of a chaplain to celebrate Divine Service according to the ordination of the said wardens and their successors in aid of the poor men of the said mystery, and of a chaplain to celebrate Divine Service according to the ordination of the said Wardens and their successors, paying thereout 2l. quit rent for the support of the College and almshouse. He also leaves all his remaining lands and tenements to John Carpenter, junior, for his life, and afterwards to the said wardens, under certain restrictions, viz.: 1st. The payment of the said 2l. yearly; next, as to their faithful execution of the trusts of the College and almshouse, and then that all manner of issues and rents of the lands and tenements, &c. shall be deposited in a chest, called "Whittington's chest," to the care and administration of the wardens to be used towards the aiding and assisting the poor and indigent men and women of the same commonalty and mystery, and especially in loans (apprestes) for a year or within, at the discretion of the said wardens, under surety, and not otherwise. This legacy he makes conditional, provided the said wardens repair the houses, and make the appointments requisite and keep the anniversary, &c., otherwise he declares his bequest of no validity. This is dated "10th Henry 6th." The whole is confirmed by the King, by petition in Parliament, in the 10th year of his reign.

It thus appears that in obedience to the will of Richard Whittington, the executors purchased lands and tenements in the city of London, in their own names, for the execution of the trusts, that John Carpenter, who was the last survivor of the executors, conveyed the estates to William Sevenoake, subject to two rentcharges of 63l. and 40l. per annum, which he conveyed, together with the then almshouse, to George Gervyse; that George Gervyse devised the almshouse and the rent of 40l. to the tutor and poor persons of the almshouse, and the rentcharge of 63l. to the College and chaplains of St. Michael Royal. The Mercers' Company are, by the ordinances, made the conservators of the college and almshouse, but the estates they derive under the will of William Sevenoake. It would seem that William Sevenoake being possessed of the estates under the conveyance of John Carpenter, subject to the rentcharges, devised them by his will to John Carpenter, junior, citizen and town clerk of the city of London (whether the same Carpenter who was the executor, or his son or heir, or some other person I cannot ascertain) for his life, and after his decease to the Warden and Commonalty of the Mystery of Mercers aforesaid, to hold to them and their successors in fee, under "the modes, forms, and conditions underwritten. . . . . . . Imprimis, to wit, that the same Wardens and Commonalty, and their successors for ever, shall pay well and faithfully the said two annual quit rents of the lands and tenements aforesaid to the sustentation of the said college and almshouse, as is afterwards bequeathed, and shall be present at the anniversary of Richard Whityngton, every year, the last or last day but one of July, within the aforesaid college to be celebrated, and rightfully and indifferently, as after and when time and affairs shall require, do and execute all manner the nominations and presentations of the Master and Fellows of the same College, and also the provisions and substitutions of the tutor and poor persons of the said almshouse when the places thereof shall be vacant, according to the modes and forms in the said statutes and ordinations of the same college and almshouse by the aforesaid made and confirmed, as is aforesaid. And further diligently ordain that all the aforesaid lands and tenements, with their appurtenances, be duly sustained, and as often and when it shall be needful or necessary, repaired; and that all manner the issues and profits of the same lands and tenements beyond the rents aforesaid, and the other reasonable charges of the same, in a certain chest, called 'Whityngton's 'chest,' for this purpose by the said executors put and ordained in a certain house or treasury near the vestibule of the said College situate, appertaining to the care and administration of the wardens and Commonalty of the mystery of the Mercers aforesaid, to sustain and aid the poor and indigent men and women of the same city and mystery, and especially in loans for one year, or within, at the discretion of the said Wardens under sufficient pledge of silver or gold, and not otherwise to be done; so that always a condition sealed by the receivers of the loan be made upon the deposit of every pledge so pawned, that if they, at the end of the said year, or at any term within the year to them limited, the said loan shall not have paid or redeemed the pledge, that the same pledge, without impeachment of the debtor, shall be sold, aud the sum which beyond the clear debt shall arise to the debtors shall fully be restored."

Whittington College, which is now situated in the North Road, near Highgate, and in the parish of St. Mary, Islington, consists of 30 houses, in a centre and two wings, and two detached houses. The tutor, who is the chaplain, and is in holy orders, occupies the front house in one of the wings, and the other house in the front of the wing is occupied by the matron. The 28 remaining tenements by 28 women. Each house has two rooms and a kitchen. The two detached houses are occupied by the gardener and nurse. The inmates were formerly both men and women, but the almspeople have been women only for many years past, a fund for out-pensioners having been created, to which both sexes are eligible.

The fee-simple of the premises which had been demised to the Company by the lease of 1823 (mentioned in the report of the Commissioners of Inquiry, p. 456) for 999 years, were in December 1838, conveyed to the Company by Frederick Cowper, William Nash, and the Highgate Archway Company in consideration of 6,060l. (part of a sum of 6,600l., the purchase money in the Court of Exchequer for premises belonging to this estate in King's Arms Yard, and forming now part of the site of Moorgate Street), and the conveyance and the same consideration also included a parcel of ground on the south side of Thomas Street, and five messuages erected thereon, and two other plots of ground on the east side of the Highgate Archway Road. This purchase was made, and the conveyance approved under the authority of the Court of Chancery. The houses are subject to building leases, of which the Charity is at present only entitled to ground rents. The meadow behind the College is occupied by the tutor free of rent. A plot of ground opposite the college is vacant, and has been offered for building. The residue of the 6,600l. remained invested in consols in court until the year 1842, when it was laid out in purchasing two slips of ground in Moorgate Street.

The condition of the estates, of which the Mercers' Company are possessed under the endowments, and which is generally described as the "Whittington estate" has, since the report of the Commissioners of Inquiry (vol. 6, p. 284, and vol. 32, Pt. 2, p. 453), been much affected by the extension, alterations, and improvements that have taken place in the city of London, the new buildings in Gresham Street, and Cannon Street in particular, having crossed the property of the Charity estate. Owing to this cause, and also to other local improvements, the tabular account of the estate hereafter given does not, therefore, in all points correspond with the tables given in the reports of the Commissioners of Inquiry (vol. 32, part 2, p. 455).

The building of the new almshouse near the Highgate Archway had been made before the last inquiry, and the building fund provided, as stated by the Commissioners at that time, exhibited a balance of 1,421l. 19s. 4d. as due to the Company. The Company did not diminish or so frame their subsequent donations and pension list, which were provided for out of the income of the estate, so as to leave any balance applicable to the reduction of the above balance, and the same continued in the books of the Company as a charge against the Charity until the year 1847, and in that year the Company closed the account by transferring the sum from the building fund to the estate as a payment in that year.

The property of Whittington's estate is now as follows:—

No.Premises.Lessee.Term.Rent.
City of London.From
£s.d.
Mitre AlleyJohn Bodger21 yearsLady-day, 185712000
9Gresham Street
8Do.John Bodger21 yearsLady-day, 185710000
19Lawrence LaneJohn Gilbert and others21 yearsLady-day, 185826100
18Do.Arthur Jackson21 yearsChristmas, 1858112100
1Mumford Court.John Hawke56 yearsMichaelmas, 18482500
2Do.John Hawke56 yearsMichaelmas, 18482500
3, 4Do.Frederick F. Kelly61 yearsLady-day, 18465000
Gresham StreetW. and J. Kynaston61 yearsLady-day, 184325000
15Milk StreetWilliam B. Hine61 yearsChristmas, 18497000
14, 13Do.Hine and Parker61 yearsLady-day, 184333000
Gresham Street
Mumford Court
Mumford CourtW. B. Hine and others61 yearsMichaelmas, 18451800
9Wood StreetSmith and Dewey21 yearsMichaelmas, 1841102100
8Do.William Lawrence21 yearsMidsummer, 185416500
Mitre Court
Do.Hugh Heron21¼ yearsMidsummer, 184512800
Do.J. Bowman & Co.21 yearsMidsummer, 18422526
Do.Slater & Coates30 yearsLady-day, 183710500
23Addle Hill, Great Knight Rider Street.J. H. Pawson31 yearsLady-day, 185710000
22Great Knight Rider StreetJ. F. Pawson21 yearsChristmas, 18575000
21Do.Henry V. Tebbs7 yearsLady-day, 18577500
20Do.John Shaw21 yearsChristmas, 18608600
Old Swan LaneR. Hutchinson21 yearsMidsummer, 184524900
Do.Davy, Macmurdo, & Co.61 yearsMidsummer, 18553500
Do.Thomas Coster61 yearsLady-day, 18452900
Do.Thomas Coster61 yearsMichaelmas, 18471500
Do.C. Tennant & Co.21 yearsLady-day, 1849122100
College HillMercers' SchoolNo lease12000
2 & 3Basinghall StreetJ. W. Gabriel21 yearsMichaelmas, 184427500
CourtDo.H. H. Janson5 yearsMichaelmas, 186013000
5Do.Potter and James21 yearsMichaelmas, 184412500
6Do.G. F. P. Sutton7 yearsMichaelmas, 185817500
7Do.C. F. Fuller6 yearsMichaelmas, 185918000
8 to 11Do.William Brass61 yearsMichaelmas, 185419600
12Do.Ann Robinson61 yearsMichaelmas, 18548000
48Coleman StreetR. Johnson21 yearsMichaelmas, 184551100
49Do.W. and C. Wilkinson9 yearsMichaelmas, 18577000
20 to 18King's Arms YardFrancis Paynter61 yearsLady-day, 18248500
17Do.D. Lloyd55 yearsMichaelmas, 18228000
13Do.D. M. Johnson and others64¼ yearsLady-day, 18476950
Window, the use ofD. M. Johnson and othersOn noticeMichaelmas, 1851050
12King's Arms YardGeorge Palmer21 yearsChristmas, 1859167100
11Do.E. H. Palmer21 yearsMidsummer, 185521000
10, 10½Do.C. D. Bruce and others21 yearsChristmas, 185946200
9Do.J. C. Beckwith21 yearsChristmas, 1859310100
Light, overlookingR. A. Riddle1 month's notice.Michaelmas, 1839050
Moorgate StreetJoseph Hudson70 yearsMichaelmas, 184115000
Do.Joseph Hudson70 yearsMichaelmas, 184175100
Lothbury ChurchyardAtkinson and Pilgrim21 yearsChristmas, 185910000
13Trinity SquareMartin Levin7, 14, or 21 years.Christmas, 18505000
14Do.I. O. McWilliam7, 14, or 21 years.Michaelmas, 18519300
15Do.Edward Cross21 yearsChristmas, 1851103150
16Do.Eliz. Hauxwell7, 14, or 21 years.Michaelmas, 185872100
17Do.John W. Hall21 yearsMichaelmas, 184912600
18Do.Charles Milner21 yearsMichaelmas, 18505000
19Do.J. W. Hutchens21 yearsLady-day, 18506800
20Pulled down.
21Trinity SquareJames Watkins21 yearsMichaelmas, 185052100
8Barking AlleyE. M. Howard21 yearsMichaelmas, 185036100
9Do.G. L. Spencer20¼ yearsChristmas, 185041100
10Do.R. Dimmett13½ yearsLady-day, 18513200
Highgate Archway RoadThomas Greenwood98 yearsLady-day, 18261500
Do. Thomas StreetSamuel Somers98 yearsLady-day, 18261500
Do. StablesBenjamin Ambler3 monthsMidsummer, 18571500
Do. Vacant groundOpposite CollegeOn hand.
£6,53226
£s.d.
There is, also, a sum of 508l. 14s. 7d. consols, the remainder of the purchase money of the property in Budge Row, taken by the city, invested in 7,411l. 8s. 10d. consols, of which 6,902l. 14s. 3d. consols were laid out in the purchase of premises in Lawrence Lane, city of London, now belonging to the charity, which 508l. 14s. 7d. consols stands in the name of the Accountant-General of the Court of Chancery, ex parte the Mayor and Commonalty of the City of London; in the matter of the City of London Improvement Act, 1847, and the Wardens and Commonalty of the Mystery of Mercers of the City of London"1552
£s.d.
The several annuities mentioned under the head of the charities of—
£s.d.
Alderman Heydon3682554
Richard Barnes2120
J. Goldsmith100
Alderman Elkin540
Alderman Barclay1080
Alderman Baskerville2100
Sir John Allen048
The particulars of which will be found in the Report on the Money Legacy Charities.
£6,572130 (fn. 4)

A report of a committee of the Company made under an order of the Court of Assistants on the 1st December 1803, found that the sum of 63l. per annum for the uses of the college, which was abolished in the reign of Edward 6th, and the stipend seized by the Crown, was in the year 1549 sold by the Crown to the Company, with other stipends of the same nature, at 20 years purchase, and therefore so much of the rents of the said estates must belong to the Company. That the committee did not find that from the commencement of the receipt of the rents in 1442 to the year 1564 any augmentation of payments took place, or any other payment made therefrom, except the 63l. and 40l., as recited in the will above mentioned, but that in 1564 the sum of 3l. 18s. was added to 39l. 17s. 4d. originally paid, as directed by the will, being the nearest sum which the 40l. so directed could be divided as weekly payments to the tutor and 12 almsfolks. By reference to the reports of the committee, as before mentioned, it will also appear that from 1564 to 1672 the same was augmented to 130l., at which sum it remained until 1786; and from 1786 to 1798 it was further augmented to 437l. 17s., which was the sum then annually paid; and the committee did not find that from 1442 to the present time the surplus arising from the said estates was otherwise applied than to the uses of the Company, which application appeared sanctioned by Parliament in 1747, when it was enacted that the same, together with other properties in possession of the Company, should be applied to the payment of their debts.

The permanent charges on the estate, and expenses of management are:—

£s.d.
Charity rents (paid to the representatives of W. W. Cawne). I do not find the origin of this payment, it may, possibly, be in respect of the charges for superstitious uses, devolving on the Crown, and granted to the present proprietor2134
Care of Gates in King's Arms' Yard 5l. 5s., and Mitre Court 5l. The first payment is made under covenant with a neighbouring proprietor, and the second to secure the Company's right, to the exclusion of all persons from the court1050
Quit rent to the Goldsmiths' Company0158
Insurance on the property of the Company, the amount of the insurance being taken into account in settling the amount of the rent in 185917526
Fee farm rent, on the newly purchased house, 8, Gresham Street050
A rentcharge of 63l., charged on the entire property derived from the original foundation, and stated to have been purchased by the Company in 1549, as aforesaid6300
Property tax (not returned)142144
Receiver's poundage on rent at 2½ per cent. (1859)16346
Surveyor's expenses,—
£s.d.average
In 18556511377130
18566780
18578120
1858711511
1860102119
Law expenses,—
average
In 18553912648130
185686149
185732110
185869130
186014150
Clerk7500
Accountant5000
£80964

The Court of Assistants, by a resolution of the 15th November 1804, resolved that the surplus from the estates of Sir Richard Whittington, after the payment of the 63l. per annum, was applicable to charitable uses only, but they do not appear to have considered themselves bound to establish a loan fund, which seems to have been the only specific purpose mentioned in the will of William Sevenoke.

I entirely concur with the Company in this conclusion, so far as it may have proceeded from a view of the inexpediency and mischief of such an appropriation. The disbursements of the various charitable objects, to which the fund is now dedicated, are:—

I.—"Whittington College." Disbursements.

£s.d.
Twenty-eight Almswomen at 30l. each84000
Tutor12500
Matron5400
Nurse4000
Occasional Nurses2500
Gardener 1l. 1s. per week, chapel keeper and clerk 10l. 10s., and for additional duties 10l.7520
Apothecary (including medicines)6300
Specific donations of Heydon and others (divided equally amongst the inmates), in coals amongst the 12 seniors2554
Water rate2500
Gas Lights16100
Sundries disbursed by the tutor (1859)30180
Rates (1859)53186
1660
Funeral expenses (6l. 6s. on each death) (1859)18180
Insurance on the almshouses1800
Swearing before a proctor or notary an nually as to income330
Clock (attendance and care)550
Repairs (1859) (the college was painted in that year26690
Pensions for retired matrons and nurses, &c., or other casualties10000
£1,8011410

There have been lately large expenses at the almshouses for draining. It was found necessary to open a drain from the college to the main sewer. The contract for this work was 1,043l. 1s. 6d. The surveyor's commission and other charges raised this expense to about 1,100l. The last payment on this contract account was made in June 1860.

With reference to the application of the surplus income of the estates, after the payment of the charges thereon, and the expenses of management, and the support of the college, I have already referred to the direction in the will of William Sevenoke, under whom the Company derive their title, which points out how the money beyond the rentcharges and the other reasonable charges are to be applied, and I have also stated the report of the Company's committee of 1803, and the resolution of the Company in 1804 thereon. The Company have created a fund called the "Whittington Fund," and have also carried over a considerable portion of the surplus to a fund not distinctly named, but which is distributed as "donations and charitable gifts."

II.—The "Whittington Fund" is the form of distribution of 900l. a year to 30 poor persons of both sexes who are elected for life, and receive each 30l. a year. This fund and distribution have been the same for many years.

III.—The charitable bequests and donations were,—

£s.d.
In the year 18582,019107
" 18592,01421
" 18601,976166
They were made, in 1858, to52 persons.
in 1859, to57 "
and in 1860, to54 "

The amount of each gift has varied from 10l. to 70l. The entire distribution under the head of "Charitable Donations and Bequests" may therefore be represented as 2,000l. a year.

The four heads of expenditure from the college estate are, therefore—

£s.d.
Deduction from the gross income for permanent charges and management, say80000
I.—"Whittington College," say1,80000
II.—"Whittington Fund"90000
III.—Charitable donations and gifts2,00000
£5,50000

The excess of the receipts over the expenditure amounts to about 1,100l. a year. I have mentioned the recent extraordinary charge for drainage in the two or three past years. The balance of cash in hand at the end of the year 1860 (31st December 1860), supposing all the rents to have been received, would have been 4,662l. 4s. 4d. This does not correspond with the books of the Company as it has been the habit of the accountant to treat stock as cash and enter it as the sum of cash which the investment cost, and in this view the 508l. 14s. 7d. stock in the Court of Chancery is represented as 200l. cash, making the balance appear to be 4,862l. 4s. 4d. The rents had, however, not then been all received, and the actual cash in hand was 1,325l. 13s. 1d.

The out-pensioners who are paid out of the "Whittington Fund' are persons of both sexes, not under 55 years of age, nor possessing incomes of 20l. from real or 30l. from any property. I annex a printed statement of the qualifications. They are not connected with the Company.

The charitable gifts and donations are made to persons connected with the Company, as being freemen, or widows, or children of freemen. There are no specific qualifications, each case being decided on its own circumstances. The sum granted is generally continued for the life of the person to whom it is given. The selection is in all cases by the court of assistants, the members of which commonly exercise powers of selection in rotation.

Footnotes

1 St. Paul's Schools. The Bill and information filed by Baron Rothschild, with the sanction of the board in the year 1860 was dismissed by Vice-Chancellor Sir W. Page Wood by a decree dated 12th May 1862.
The case of this school was subsequently certified to Her Majesty's Attorney-General by the Charity Commissioners on the 22nd February 1866.
The result of the proceedings by the AttorneyGeneral was a decree by Vice-Chancellor Sir W. M. James, dated 11th February 1870, declaring that the Company held the whole of Dean Colet's estate as trustees for the benefit of the school.
The decree also directed an inquiry to be made whether it was fit and proper and for the benefit of the Charity that application should be made either to the Committee of Council on Education, or to the Endowed Schools Commissioners, or to Parliament, as to a scheme for the future regulation and management of the Charity.
A scheme for the regulation of Dean Colet's estate and of St. Paul's School was framed by the Charity Commissioners under the provisions of the Endowed Schools Acts, and approved by Her Majesty in Council, on the 24th March 1876.
Under the authority of an order of the Charity Commissioners, dated 4th July 1879, this scheme was amended in certain particulars. The following is the scheme so amended, by which the school is at present regulated:—
Charity Commission.
Mercers' Company.
Foundation—St. Paul's School.
H/30,010
Scheme.
In the matter of the Foundation called or known as "St. Paul's School," in London, founded by Dean Colet; and
In the matter of "The Charitable Trusts Acts, 1853 to 1869."
Whereas an application in writing was made to the Board of Charity Commissioners for England and Wales, on the 10th day of May, 1878, in the matter of the above-mentioned foundation, by George Fenn Aston, Esquire, being the chairman of the governors of the said foundation, and the person authorised in that behalf by a resolution passed at a duly constituted meeting of the said governors, held on the said 10th day of May, 1878.
And whereas it is expedient that the provisions of the scheme established for the regulation of the said foundation under the Endowed Schools Acts, on the 24th day of March, 1876, should be partially varied.
And that with that object a new scheme should be established for the regulation of the said foundation, in manner hereinafter mentioned.
And whereas notice of the intention of the said board to make an order for that purpose has been published by the affixing of the same, according to the direction of the said board, to or near a principal outer door of St. Paul's School aforesaid, on the 25th day of February, 1879, and by advertisement in the "Times" newspaper, on the 26th day of February and the 5th day of March, 1879, being in each case more than one calendar month previously to the date hereof.
Now the said Board do hereby order that the aforesaid scheme (a printed copy whereof, identified by the signature of the secretary of the said Board, is hereunto annexed) shall be varied in the manner and to the extent appearing in the new scheme set forth in the schedule hereto, which by this present order is approved and established as the scheme for the future regulation of the said foundation.
Schedule Scheme.
Part I.—General.
Object.
1. The object of the above-named foundation shall be to supply liberal education for boys and girls by means of schools in or near London.
Repeal.
2. From the date of this scheme all the particulars which by the Endowed Schools Acts, 1869, 1873, and 1874 are capable of being hereby repealed and abrogated shall, so far as relates to the management of the foundation, but not to the vesting of the property thereof in the Mercers' Company, hereinafter called the Company, be repealed and abrogated.
Jurisdiction of visitor.
3. From the date of this scheme all rights and powers (if any) reserved or belonging to, or claimed or capable of being exercised by, any body corporate, persons or person, other than Her Majesty, as visitors or visitor of the foundation, shall be transferred to Her Majesty, and all such rights and powers, and also any like rights and powers vested in Her Majesty on the 2nd day of August, 1869, shall be exercised only through and by the Charity Commissioners for England and Wales.
Jurisdiction of ordinary.
4. From the date of this scheme all jurisdiction of the ordinary relating to or arising from the licensing of any master in any endowed school of the foundation shall be abolished.
Saving of rights and interests.
5. Notwithstanding anything herein contained, this scheme shall not affect any of the following vested interests, viz.:—
(1.) The interest of any scholar who was a scholar on the foundation of St. Paul's School at the date of this scheme.
(2.) The tenure by any person of any exhibition payable out of the endowments of the foundation, which was held by him, or had been awarded to him, on or before the date of this scheme.
(3.) Such interest as any teacher or officer of the foundation appointed to his office before the 25th June 1868, may have.
(4.) Such interest as Mrs. Mary Ann Roberts may have in any pension or compensation allowance payable out of the endowments of the foundation to which she was entitled on the 25th June 1868.
Part II.—Management of Property.
Management of property.
6. All the estates and property of the foundation shall continue to be and shall be vested in the Company, and all such of the said estates and property as shall not for the time being be used or occupied for the purposes of the several schools of the foundation, or of their respective playgrounds and appurtenances, shall continue to be managed by the Company, or by their court of assistants, or by their officers acting under their orders, according to the general law applicable to the management of property by Trustees of Charitable Foundations. Any money arising from the sale of timber or from any mines or minerals belonging to the foundation, shall be treated as capital, and invested in any such securities as may from time to time be authorised by any Act of Parliament or by the Court of Chancery for the investment of trust funds, except in any special cases in which the Company may be authorised by the Charity Commissioners to apply such money or any part thereof as income.
Raising money.
7. All capital sums which, under the provisions of this scheme, the Company may be required to raise shall be raised by them by sale or mortgage of the real or personal property of the foundation, or by both those means, or otherwise, on such terms and subject to such conditions as may be sanctioned or prescribed by the Charity Commissioners in each case.
The provisions of the Charitable Trusts Acts, 1853, and the Charitable Trusts Amendment Act, 1855, as to discharge of debts by means of instalments, a sinking fund, or otherwise, shall not apply to any money charged or to be raised under this clause, but the Charity Commissioners may at their discretion require that any debts created under this clause shall be discharged in such manner and within such time as they may think fit to prescribe.
Conduct of business.
8. The Company shall make such arrangements as they think fit for the custody of all muniments, title deeds, and other documents belonging to the estates and property of the foundation, for deposit of money, for drawing cheques, and for the appointment and payment of a clerk and of officers for the conduct of the business relating to the estates and property of the foundation.
Accounts.
9. The accounts of the estates and property of the foundation shall be made up and balanced on the 31st day of December in every year. The accounts shall be signed by the master or one of the wardens of the Company within two calendar months after the day to which they are made up. As soon as practicable after the accounts are so signed they shall be audited.
Audit.
10. With respect to the audit of the said accounts, the following provisions shall have effect:—
(1.) The auditor in each year shall be appointed by the Lord Mayor, and shall receive such remuneration as the Company, subject to the approval of the Charity Commissioners, may direct; and such remuneration, together with the expenses of or incident to the audit, shall be paid by the Company out of the income of the foundation.
(2.) The audit shall be held at the office of the Company, or at some other convenient place to be named by them, and at a time to be fixed by the auditor, but to be as soon as possible after the accounts are signed.
(3.) The auditor, at least 14 days before holding the audit, shall serve on the Company, and on the governing body hereinafter constituted under this scheme, notice of the time and place of holding the audit.
(4.) The clerk of the Company, or some person authorised by them, shall attend the audit, and produce to the auditor all books, bills, vouchers, and documents relating to the accounts.
(5.) Any member of the Company, or of the said governing body, may be present at the audit, and object to the accounts.
(6.) The auditor shall, as nearly as may be, have the like powers and be under the like obligation to allow and disallow items in the accounts, as in the case of an audit of the accounts of the School Board for London, and the governors or any person aggrieved by the decision of the auditor shall have a right of appeal to the Charity Commissioners, whose decision shall be final.
(7.) Subject to the provisions of this clause, the Charity Commissioners may from time to time make such regulations as may in their opinion be necessary respecting the form of keeping the accounts and the audit thereof.
When the auditor has completed the audit, he shall sign the balance-sheet.
Statement of accounts.
11. The Company shall in each year cause a statement of accounts, showing their receipts and expenditure in respect of the foundation for the preceding year, to be printed in such form, and with such particulars, as may be from time to time prescribed by the Charity Commissioners, and shall send the same within 30 days after the balance-sheet is signed by the auditor to the governing body hereinafter constituted under this scheme, and to the Charity Commissioners, and publish an advertisement thereof in two London daily newspapers, and cause copies to be sold to all applicants at a price not exceeding 3d. for each copy.
School buildings
12. The present and any future buildings and playgrounds used for the purposes of the school or schools of the foundation, with their respective appurtenances, shall, so long as they respectively continue to be so used, be respectively managed by the governing bodies hereinafter constituted under this scheme without interruption by the Company.
Application of income
13. The Company may, with the sanction of the Charity Commissioners, from time to time make such donations and annual allowances or subscriptions out of the income of the estates and property of the foundation as they may think fit, having regard to the income derived from the estates in respect of which donations or subscriptions are proposed to be made. After paying such donations or subscriptions, and after defraying the expenses of management incurred under the provisions of Parts I., II., and VII. of this scheme, including a reasonable sum for providing the yearly apposition dinner, the Company shall pay the net income of the foundation to the governing body of the boys' school hereinafter constituted under this scheme, at such times and intervals and in such manner as may be authorised or prescribed from time to time by the Charity Commissioners.
Part III.—Constitution of Governing Body of School.
Governing body of boys' schools.
14. The governing body of the boys' school of this foundation shall consist, when complete, of 22 governors, of whom one shall be the master and three the wardens of the Company for the time being, nine shall be appointed by the court of assistants of the Company, and the remaining nine shall be appointed as follows:—
Three the Hebdomadal Council of the University of Oxford:
Three by the Council of the Senate of the University of Cambridge; and
Three by the Senate of the University of London.
Every governor other than the master and wardens of the Company shall be appointed to hold office for five years and then retire.
Management of girls' school
15. For the management of the girls' school or schools to be established under the provisions of this scheme, the governing body of the boys' schools shall, as soon as conveniently may be after the completion of the buildings for any such girls' school in pursuance of the provisions of this scheme, and at their first meeting in every fifth year afterwards, appoint four women to act jointly with them as governors of the girls' school or schools of the foundation. The whole body of 26 gavernors so constituted shall have the management of such girls' school or schools, and of the buildings thereof, and of the income to be appropriated under this scheme for the education of girls.
Interpretation of "Governors."
16. The word "Governors" in this scheme shall mean the governing body of 22 members for the boys' schools, or the governing body of 26 members for the girls' school or schools, as the circumstances and context require. If any doubt arises as to the meaning of the word "Governors" in any instance, the matter shall be referred to the Charity Commissioners, whose decision shall be final.
Vacation of office.
17. If, during his term of office, any governor, other than the master and wardens of the Company, become bankrupt or incapacitated to act, or expresses to the governors in writing his wish to retire, or fails for the space of one year to attend any meeting, the governors shall, after notice to such governor at his last known place of residence in England, cause a record of the fact to be entered in their books, and notify the same to the body by whom he was appointed; and upon such record being entered the governor to whom it applies shall cease to be a governor, and thereupon or upon the death of any governor other than the master and wardens of the Company, the proper body shall proceed to appoint a successor to the vacant place. A governor vacating office by retirement or non-attendance only shall not be thereby disqualified for re-appointment.
Masters.
18. No master or mistress of any school of the foundation may be a governor.
Religious opinions.
19. Religious opinions or attendance or non-attendance at any particular form of religious worship shall not in any way affect the qualification of any person for being a governor under this scheme.
Acceptance of office.
20. Every governor shall, at or before the first meeting he attends in that character, sign a memorandum declaring his acceptance of the office of governor and his willingness to do his duty as such, and to act in the trusts of this scheme; and until he has signed such a declaration he shall not be entitled to act.
Meetings of Governors.
21. The governors shall from time to time summon and hold meetings in some convenient place to be fixed by themselves as often as may be found necessary for the management of the several schools, with their respective sites, playgrounds, and appurtenances (hereinafter referred to as the trust) and at least twice in each year, on some convenient days to be appointed by themselves.
Chairman.
22. The master of the Company shall be ex officio chairman of the meetings, and the governors shall, at their first meeting in each year. make regulations for supplying his place whenever he is absent.
Quorum.
23. A quorum shall be constituted whenever seven governors are present; and any such quorum may act notwithstanding a vacancy or vacancies in the whole number of governors. Whenever any decision is made in favour of which less than a majority of the governors for the time being entitled to act have voted, it shall be competent to any two governors, within seven days from the day of the decision, to demand that the decision shall be once reconsidered at a special meeting, to be held at an interval of not less than 14 and not more than 21 days after the meeting at which such decision was made.
Special Meetings.
24. The chairman or any two governors may at any time summon a special meeting for any cause that seems to him or them sufficient.
Notice.
25. All special meetings shall be convened by notice in writing to the governors, specifying the object of the meeting. And it shall be the duty of the clerk to the governors to give such notice when required by the chairman or any governors having a right to summon such a meeting.
Voting.
26. Save as herein otherwise provided, all matters and questions shall be determined by the votes of the majority of the Governors present at any meeting; and in case of equality of votes, the chairman of the meeting shall have a second or casting vote.
Adjournment of Meetings.
27. If at any meeting there is not a sufficient number of Governors present to constitute a quorum, or if the business at any meeting is not fully completed, the Governors present may adjourn the meeting to a subsequent day, of which notice shall be given to all the Governors.
Books.
28. A minute-book and proper books of account shall be provided by the Governors, and kept in some convenient and secure place of deposit to be provided or appointed by them for the purpose.
Minutes.
29. Minutes of all proceedings of the Governors shall be entered in the minute-book and duly signed. In the same book shall be recorded the entry into office of every new Governor, and the names of all the Governors present at each meeting, whether a quorum is constituted or not.
Acounts.
30. Full accounts shall be kept of the receipts and expenditure of the Governors, and such accounts shall be stated for each year, and examined and passed annually at some meeting within the first two months of the ensuing year, and signed by the Governors then present.
Publication abstracts and reports.
31. The Governors shall in the first quarter of each year cause abstracts of the accounts for the preceding year to be prepared in accordance with the forms appended to this scheme, unless some form is prescribed by the Charity Commissioners, in which case the form so prescribed shall be followed. The Governors shall at the same time and in the same manner cause annual statements of the progress of the schools to be prepared. Such abstracts of accounts and such statements for the past year they shall cause to be printed together and published forthwith, and shall advertise such publication in at least two London daily newspapers, and sell copies of the whole set of abstracts and statements so published at such price as they shall think fit, not exceeding sixpence for each copy, to all applicants.
Custody of documents and appointment of clerk.
32. The Governors shall make arrangements for the custody of all documents belonging to the trust, for deposit of money, for drawing cheques, and for the appointment of a clerk for the conduct of their business. If any such clerk is himself a governor he shall not receive a salary.
Management.
33. The property of the trust, so far as the management thereof is under the provisions of this scheme vested in the governing bodies of the schools, shall be managed by the governors, or by their officers acting under their orders, according to the general law applicable to the management of property by trustees of charitable foundations.
Precept for raising money.
34. In order to raise any capital sum which the governors may from time to time be authorised to expend under the provisions of this scheme, the governors may serve their precept on the company requiring them to raise the same in manner hereinbefore provided, and the company shall forthwith proceed to raise and pay the same to the governors accordingly. If any doubt arises as to the validity of any precept, the com pany or the governors may refer the question to the Charity Commissioners, whose decision shall be final.
Part IV.—The Schools.
School sites, buildings.
35. So soon as conveniently may be after the date of this scheme the governors shall proceed to acquire such sites, including adequate playgrounds, in some place or places situated within the jurisdiction of the Metropolitan Board of Works as shall be necessary for carrying out the provisions of this scheme, it being intended that the foundation shall ultimately comprise:—
(1.) A school, to be called St. Paul's School, divided into two departments, one of which shall be a classical department for about 500 boys, and the other a modern department for about 500 boys:
(2.) A school or schools, to be called Dean Colet's School or Schools, for not less than 400 girls in all:
such schools and departments, respectively, to be established in such order of priority as the governors may deem to be most expedient:
The acquisition of site shall, so far as regards the size and each situation of the same, be subject to the approval of the Charity Commissioners. So soon as any such approval has been obtained the Governors shall proceed to erect on the approved site buildings, according to plans to be subject to such approval as aforesaid, suitable for the School intended. For all or any of the above purposes they may from time to time expend such capital sums as may be sanctioned by the Charity Commissioners.
Removal of school.
36. The Governors shall, whenever a convenient opportunity offers, and with the sanction of the Charity Commissioners, entirely remove St. Paul's School from the existing buildings in St. Paul's Churchyard. From and after such removal the said buildings and their appurtenances and the site thereof shall be managed by the company as part of the general property of the foundation.
Day schools.
37. All the schools of the foundation shall be day schools, but the Governors shall have power to admit to all or any of the schools boys and girls boarding in the houses of masters or mistresses, or in such other houses as may from time to time be approved by the Governors.
Masters and mistresses.
38. There shall be a head master of each department of St. Paul's School. The head master of the classical department shall be called the high master of St. Paul's school; he shall be a graduate of some university in the United Kingdom, and subject as hereinafter provided shall have the superintendence and control of the whole school.
The head master of the modern department of St. Paul's School shall also be a graduate of some university of the United Kingdom, and subject as hereinafter provided shall have the superintendence and control of the modern department.
There shall be a headmistress of Dean Colet's School, or of each such school if more than one is established, who shall have such qualifications for office as the Governors may think fit to prescribe.
Holy orders.
39. No person shall be disqualified from being a master in any of the schools by reason only of his not being, or not intending to be, in holy orders.
Religious instruction.
40. Subject to the provisions hereinafter contained, the Governors and the high master shall make proper provisions for religious instruction in the several schools; and such religious instruction shall be in accordance with the principles of the Church of England.
Endowed Schools Act, 1873, s. 11.
41. No alteration in any regulations made by the governors respecting the religious instruction given in any school or department shall take effect until the expiration of not less than one year after notice of the making of the alteration is given.
Endowed Schools Act, 1869, s. 15.
42. The parent or guardian of, or person liable to maintain, or having the actual custody of any day scholar in any school or department of the foundation may claim by notice in writing addressed to the head master or head mistress of such school or department, the exemption of such scholar from attending prayer or religious worship, or from any lesson or series of lessons on a religious subject, and such scholar shall be exempted accordingly; and a scholar shall not by reason of any exemption from attending prayer or religious worship, or from any lesson or series of lessons on a religious subject be deprived of any advantages or emoluments in any school of the foundation or out of any endowments affected by this scheme to which he or she would otherwise have been entitled. If any teacher in the course of other lessons at which any such scholar is in accordance with the ordinary rules of the school, present, teaches systematically and persistently any particular religious doctrine, from the teaching of which any exemption has been claimed as provided by this clause, the governors shall, on complaint made in writing to them by the parent, guardian, or person liable to maintain or having the actual custody of such scholar, hear the complainant, and inquire into the circumstances, and if the complaint is judged to be reasonable, make all proper provisions for remedying the matter complained of.
Appointment of head master and head mistress.
43. Every head master and every head mistress shall be appointed by the governors. Every such appointment shall be made at a meeting to be called for the purpose, as soon as conveniently may be after the occurrence of a vacancy, or after notice of an intended vacancy. In order to obtain the best candidates the governors shall for a sufficient time before making any appointment give public notice of the vacancy, and invite competition by advertisements in newspapers and by such other methods as they may think fit.
Dismissal without assigning cause.
44. The governors may dismiss any head master or head mistress without assigning cause after six calendar months' written notice, given in pursuance of a resolution passed by a majority of votes of the whole number of governors for the time being entitled to act, at a meeting duly convened for the special purpose of considering the matter.
Dismissal for urgent cause.
45. For urgent cause the governors may by a resolution passed by a majority of votes of the whole number of governors for the time being entitled to act, at a meeting duly convened for the special purpose of considering the matter, suspend any head master or head mistress from office, and in that case they shall appoint another special meeting to be held at an interval of not less than a fortnight after the former one, and may then, by a resolution likewise passed by a majority of votes of the whole number of governors for the time being entitled to act, wholly and finally dismiss him or her. Full notice and opportunity of defence at both meetings shall be given to such head master or head mistress, as the case may be.
Declaration by head masters or head mistresses.
46. Every head master or head mistress, previously to entering into office, shall be required to sign a declaration to be entered in the minute book of the governors, in the following form:—
"I, declare that I will always, to the best of my ability, discharge the duties of high master (or head master of the modern department) of St. Paul's School (or head mistress of Dean Colet's School, as the case may be), during my tenure of office, and that if I am removed by the governors, according to the constitution of the said school, I will acquiesce in such removal, and will thereupon relinquish all claim to the office and its future emoluments and deliver up to the governors, or as they direct, possession of all their property then in my possession or occupation."
Occupation of trust property by head masters and head mistresses.
47. Every head master and head mistress to whom a residence shall be assigned by the governors shall dwell in such residence. Every head master and head mistress shall have the occupation and use of his or her residence (if any), and of any other property of the foundation of which he or she may become occupant, in respect of his or her official character and duties, and not as tenant; and shall, if removed from office, thereupon deliver up possession of such residence and other property to the governors or as they may direct. No head master or head mistress shall, except with permission of the governors, allow any person to occupy his or her official residence or any part thereof.
Personal attention of head masters and head mistresses.
48. Every head master and head mistress shall give personal attention to the duties of the school in his or her charge. No head master or head mistress shall hold any office or appointment which, in the opinion of the governors, may interfere with the proper performance of his or her duties under the trusts of this scheme, and no head master shall hold any benefice having the cure of souls.
No gratuities to masters or mistresses.
49. No master or mistress of any rank in the schools shall receive or demand from any scholar, or from any person whomsoever on behalf of any scholar any gratuity or payment, other than such payments as are prescribed or authorised by this scheme.
Jurisdiction of governors over scholastic arrangements.
50. Within the limits fixed by this scheme the governors shall in each school and department prescribe the general subjects of instruction, the relative prominence and value to be assigned to each group of subjects, the division of the year into term and vacation, the payments of the scholars and the number of school hours in each week, and of holidays to be given in each term. They shall take general supervision of the sanitary condition of all the school buildings and arrangements. They shall from time to to time determine what number of assistant masters, mistresses, or teachers shall be employed in each school or department. They shall every year assign to each school and department the amount to be paid out of the income of the trust for the salaries of assistant teachers, and for the provision of a proper plant or apparatus for carrying on the instruction given in such school or department.
Governors to consult head master.
51. Before acting under the last preceding clause the governors shall in all cases consult the head master or mistress of any school or department concerned, in such a manner as to give him or her full opportunity for the expression of his or her views.
Jurisdiction of head masters and head mistresses.
52. Subject to the rules prescribed by or under the authority of this scheme, the high master as to the classical department of St. Paul's School, and the head mistress as to the school or schools for girls, shall have under his or her control the method of teaching, the arrangements of classes and school hours, and generally the whole internal organization, management and discipline of his or her school or department, and shall have authority over all scholars attending the same in all places and at all times during the school terms: Provided that if the high master or head mistress expels a scholar from school, he or she shall forthwith make a full report of the case in writing to the governors.
Jurisdiction of head master of Modern Department.
53. As to the modern department of St. Paul's School, subject to the rules prescribed by or under the authority of this scheme, and subject also to the general superintendence and control of the high master, the head master thereof (who shall be called the "master of the modern school,") shall exercise the like power and authority as to the method of teaching, the arrangements of classes and school hours, and generally the whole internal organization, management, and discipline of the modern department, and over all scholars in that department, as is by the preceding clause given to the high master with respect to the classical department: Provided that it shall not be in the power of the master of the modern school to make or alter any regulation as to any of the matters aforesaid, or to expel any scholar, without the concurrence of the high master, or (in case of difference between them) of the governors; and if the high master should, as to any of the matters aforesaid, think any direction or regulation necessary or expedient to which the master of the modern school shall object, or shall think the expulsion of any scholar necessary to which the master of the modern school may not be willing to consent, the matter so in difference shall, as soon as conveniently may be, be reported to the governors, who shall decide thereon; and in the meantime it shall be the duty of the master of the modern school to conform himself to such directions (not being inconsistent with this scheme or with any regulation made by the governors), as pending the decision of the matter by the governors, the high master shall think fit to give.
Appointment and removal of assistant teachers in Classical Department and girls' schools.
54. The high master as to the classical department of St. Paul's School, and the head mistress as to the school or schools for girls shall have the sole power of appointing, and, subject to an appeal to the governors, of dismissing all assistant teachers in such school or department; but shall forthwith notify every appointment in writing to the governors. The high master or head mistress shall also determine, subject to the approval of the governors, in what manner the sum assigned by the governors to his or her school or department for assistant teachers and plant or apparatus shall be distributed. The governors shall pay the sum assigned either through the hands of the high master or the head mistress of such school or department, or directly as they think best.
Appointment and removal of assistant teachers in Modern Department.
55. The master of the modern school shall have power, with the concurrence of the high master, to appoint, and (subject to an appeal to the governors), to dismiss all assistant teachers in the modern department of St. Paul's School, who shall not be assistant teachers in the classical department also. He shall also with the concurrence of the high master, subject to the approval of the governors, determine in what manner the sum assigned by the governors to the modern department for assistant teachers and plant shall be distributed. If there should be any difference on that subject between the high master and the master of the modern school, the matter so in difference shall be determined by the governors. The governors shall pay the sum assigned either through the hands of the master of the modern school, or directly as they think best.
Appointment and removal of Assistant masters in both Departments of St. Paul's School.
56. The governors shall have power, if and so far as it may seem to them expedient, to authorize the instruction of combined classes in both departments, and also to authorize the employment of the same persons as assistant masters in both departments of St. Paul's School for subjects of instruction common to both; and to determine how such last-mentioned assistant masters shall be appointed and dismissed; and also to authorize so far as may be thought expedient, the instruction of combined classes in both departments; and the mode of distributing and making payment of the sum or sums which may be assigned for such last-mentioned assistant masters shall be in the discretion of the governors.
Head masters or head mistress may submit proposals.
57. The head master or head mistress of any school or department, may from time to time submit proposals to the governors for making or altering regulations as to any matters within his or her province, and the governors shall consider such proposals and decide upon them.
income of masters and head mistress.
58. The high master shall receive a fixed stipend of 300l. a year. The master of the modern school and the head mistress of Dean Colet's School shall each receive a fixed stipend of 200l. a year.
They shall also be respectively entitled to receive a further or capitation payment calculated on such a scale, uniform or graduated, and at such a rate as may from time to time be fixed by the governors, being not less than 3l. nor more than 6l. a year, for each scholar attending the school or department, provided that when the number of scholars in such school or department exceeds 300, the minimum payment for each scholar in excess of that number shall be 2l. yearly. All payments under this clause shall be made terminally or quarterly, as the governors shall think fit.
Admission of scholars to both Departments of St. Paul's School.
59. It shall be in the power of the governors at any time when there shall be less than 500 scholars in either the classical or the modern department of St. Paul's School, to authorize the admission of any number of scholars (not exceeding the difference between the total number for the time being in both departments, and one thousand), for the purpose of receiving instruction in any subjects common to both departments, for such length of time (to be determined either by the age or the proficiency of such scholars respectively, or otherwise as the governors shall think expedient), as may in the opinion of the governors be desirable, before the final distribution of such scholars between the classical and the modern departments; and all such scholars shall, so far as relates to government and discipline, and to the regulation of the instruction given to them, be under the authority of the high master and the master of the modern school respectively, in the same way as if they were scholars in the modern department; and for the purposes of the accounts directed by the 31st clause of this scheme, such scholars shall be deemed to be in the modern department, but in every such case, every such scholar shall be entitled to be placed in the classical or modern department as the case may be, whenever his parents or guardians shall so request, if, and so soon as there may be a vacancy therein, subject to his passing such examination as may be appointed by or with the consent of the governors for that purpose; priority being given in every such case according to the order of each boy's admission into the school.
To whom schools are open.
60. Subject to the regulations made by or under the authority of this scheme the boys' and girls' schools of the Foundation, and all their advantages, shall be open to all boys and girls respectively who are of good character and of sufficient bodily health, and who are residing with their parents, guardians, or next friends, or are boarders under the provisions of this scheme.
Mode of admission.
61. Applications for admission to any school shall be made to some person appointed by the governors, according to a printed form to be by them approved and delivered to all applicants for admission.
Register of applications.
62. A register shall be kept of all applications showing the date at which every application is made for the admission of a scholar, the date of admission, withdrawal, or rejection, the cause of rejection, and the age of the candidate at the date of the application: Provided that every person requiring an application to be registered shall pay such fee as the governors may fix, not exceeding 10s.
Entrance examinations.
63. Every candidate for admission into St. Paul's School, or into the school or schools for girls, shall be examined by or under the direction of the high master or the head mistress of the girl's school, who shall appoint convenient times for that purpose, and give reasonable notice thereof in writing to the parents or guardians of those whose turn is approaching. No scholar shall be admitted to any school except after passing such examination. Those who are found fit, shall, if there is room for them, be admitted in order according to the dates of their application: Provided nevertheless, that each governor shall have the privilege of nominating in every year one candidate for admission into some school of the Foundation, and every candidate so nominated, if found fit and otherwise admissible, shall be entitled to priority of admission over all candidates not so nominated.
Payments for entrance and tuition.
64. Except as is herein otherwise expressly provided, each scholar shall pay such entrance and tuition fees as the governors shall fix from time to time, provided that no such entrance fee shall exceed 5l., and that no such tuition fee shall be less than 20l. or more than 30l. a year. No preference shall be given to any scholar in respect of such fees on account of his or her place of birth or residence. No extras of any kind shall be allowed without the sanction of the governors and written consent on behalf of the scholar concerned.
Payments to be made in advance.
65. All payments for entrance and tuition shall be made in advance in such manner and to such person as the governors shall from time to time appoint for the purpose, and shall be accounted for by the person receiving them to the governors, and treated by them as part of the income of the trust applicable exclusively to the benefit of the school in respect of which they were made.
Ages of scholars.
66. The governors shall make regulations from time to time for fixing the age of admission to the several schools. No scholar shall be allowed to remain in any school or department beyond the end of the school term or half year in which he or she attains the age of 19 years. And the head master or head mistress of each school or department shall be at liberty to make regulations for the withdrawal of scholars in cases where from idleness or incapacity to profit by the instruction given they are materially below the standard of position and attainment proper for their age: Provided that so far as relates to the modern department, all such regulations shall be made with the concurrence of the high master. No scholar shall be allowed to remain in any school beyond the end of the term in which he or she attains the age of 13 years, unless he or she has within the previous year passed a satisfactory examination in reading, writing, arithmetic, English grammar, and dictation, and the elements of geography; and the governors shall make regulations for testing the attainments of such scholars by some examiner to be appointed by them.
Examinations.
67. There shall be once in every year an examination of the scholars in each school or department of the Foundation by an examiner or examiners appointed for that purpose by the governors, and paid by them, but otherwise unconnected with such school or department. The examiners shall make a report in writing to the governors on the proficiency of the scholars and on the position of the several schools and departments as regards instruction and discipline, as shown by the results of the examination. The governors shall communicate to the head master or head mistress of each school or department the report relating to such school or department.
Reports of head masters and head mistresses.
68. The head master or head mistress of each school or department, shall make an annual report in writing to the governors on the general condition of such school or department and on any special occurrences during the year. He or she may also mention the names of any scholars who in his or her judgment are worthy of praise or substantial reward, having regard both to proficiency and to conduct.
Classical Department of St. Paul's School for Boys.
Entrance examination.
69. The examination for admission to the classical department shall be graduated according to the age of the candidates, but it shall never fall below the following standard; that is to say—
Reading;
Writing from dictation;
The first four rules of arithmetic;
The geography of England;
The outlines of English history; and
The elements of Latin grammar.
The governors may raise the minimum standard from time to time if they deem it advantageous for the school.
Subjects of instruction.
70. The subjects of secular instruction in the classical department shall be as follows:—
English, Latin, and Greek languages and literatures;
Arithmetic and mathematics;
History and geography;
Natural science;
French and German;
Drawing;
Class singing.
The Governors shall have power to add other subjects to the above list, and to direct that arrangements be made for giving special importance to any one or more of the subjects; but subject to such power the head master shall settle the arrangements and classification of instruction in the prescribed subjects.
Modern Department of St. Paul's School for Boys.
Entrance examination.
71. The examination for admission to the modern department, or into St. Paul's School without being immediately placed in either department, shall be graduated according to the age of the candidates, but it shall never fall below the following standard; that is to say,—
Reading;
Writing from dictation:
The first four rules of arithmetic;
The geography of England;
The outlines of English history; and
The elements of French grammar.
The Governors may raise the minimum standard from time to time if they deem it advantageous for the school.
Subjects of instruction.
72. The subjects of secular instruction in the modern department shall be as follows:—
English, French, and German languages and literatures;
Arithmetic and mathematics;
History and geography;
Natural science, and, in particular, experimental physics and chemistry;
Latin;
Drawing;
Class singing.
The Governors shall have power to add other subjects to the above list, and to direct that arrangements be made for giving special importance to any one or more of the subjects; but subject to such power and to the general superintendence of the high master, the head master of the modern school shall settle the arrangements and classification of instruction in the prescribed subjects.
Dean Colet's School or Schools for Girls.
Entrance examination.
73. The examination for admission to any school for girls shall be graduated according to the age of the candidate, but it shall never fall below the following standard, that is to say—
Reading;
Writing from dictation;
The first four rules of arithmetic;
The geography of England; and
Plain needlework.
The Governors may raise the minimum standard from time to time if they may deem it advantageous for the schools.
Subjects of instruction.
74. The subjects of secular instruction in the school or schools for girls shall be such as to give a liberal education, and shall be settled from time to time by the Governors. They shall include—
The English language and literature;
The Latin, French, and German languages and literatures;
Arithmetic and mathematics;
History and geography;
Natural science;
Domestic economy;
Calisthenics;
Laws of health;
Drawing;
Class singing.
The Governors shall have power to direct that arrangements be made for giving special importance to any one or more of the prescribed subjects; but, subject to such power, the head mistress shall settle the arrangements and classification of instruction in the prescribed subjects.
Part V.—Scholarships and Exhibitions.
Scholarships.
75. There shall be 153 boys scholars on the foundation, of whom, subject to the proviso hereinafter expressed, 77 shall be scholars in the classical department, and 76 scholars in the modern department of St. Paul's School; and there shall also be 39 girls scholars on the foundation in the school or schools for girls: Provided that during the continuance of the interest of any scholar hereinbefore saved, the Governors shall have liberty to treat as scholars on the foundation all scholars whose interests are so saved, and to augment or diminish at their discretion that number of scholars on the foundation in the several schools. Every scholar on the foundation shall be entitled, by virtue of his or her scholarship, to entire exemption from the payment of tuition fees.
Award of scholarships.
76. Of the scholarships tenable in each school (the schools for girls, if more than one, being considered for the purpose of this clause as one school), one third shall be open only to candidates between the ages of 12 and 14 years whether attending the schools or not, and shall be awarded, in the case of boys, according to the result of competitive examination; and, in the case of girls, either according to the results of competitive examination or according to some like test of merit to be from time to time prescribed by the Governors. The remaining two thirds of the scholarships tenable in each school shall be awarded according to the results of competitive examination under such regulations as the Governors may make from time to time. Reasonable notice by advertisement in the public newspapers shall be given of all scholarships open to candidates not attending the schools.
Regulations as to scholarships.
77. The Governors shall make regulations from time to time for determining the period of tenure of all scholarships tenable at the schools. Every scholarship tenable at the schools shall be liable to forfeiture on the order of the Governors in case the head master or head mistress of the school at which it is held reports that the holder is guilty of misconduct is irregular in attendance, or fails to maintain a reasonable standard of proficiency; and no such scholarship shall be granted to any scholar already attending any school, if the head master or mistress reports that such scholar is rendered undeserving of it by misconduct.
Campden Exbibitions from classical school.
78. The Governors shall in each year employ the net income payable to them under the provisions of a scheme framed by the Endowed Schools Commissioners, for the management of Lord Campden's exhibitions, or such portion thereof, being as near as may be the sum of 1,000l., as they deem expedient, in the establishment and maintenance of exhibitions to be awarded annually by open competition among boys who have been educated in the classical department of St. Paul's School for such time previous to the award thereof as the Governors may from time to time determine, and to be tenable at any University or other place of liberal education to be approved in each case by the Governors.
Leaving Exhibitions from modern school.
79. The Governors shall in each year employ the sum of 1,000l. in the establishment and maintenance of exhibitions, to be awarded annually by open competition among boys who have been educated in the modern department of St. Paul's School, for such time previous to the award thereof as the Governors may from time to time determine, and to be tenable at any University or other place of liberal education, or for the purpose of fitting the holder for some profession.
Leaving Exhibitions from high school or schools for girls.
80. The Governors shall in each year employ the sum of 700l. in the establishment and maintenance of exhibitions, to be awarded annually by open competition among girls who have been educated at the school or schools for such time previous to the award thereof as the Governors may from time to time determine, and to be tenable at any college or place for the higher education of women, or at any training institution for school mistresses or governesses, or applicable for the professional training of the holder in any other way which the Governors may expressly sanction in each individual case.
Exhibitions when voidable.
81. All exhibitions tenable by scholars after leaving the schools, shall be tenable only for the purposes of education, general or professional. They shall be payable by instalments at such intervals as the Governors shall direct. If the holder of an exhibition dies, his or her representatives shall be entitled only to the next ensuing payment of an instalment whenever payable. If the holder becomes a bankrupt, or is guilty of gross misconduct or idleness, or wilfully ceases to pursue his or her education, it shall be competent to the Governors to determine the exhibition as from the last preceding payment of an instalment.
Particulars of exhibitions to be settled by governors.
82. Subject to the provisions of this scheme, the Governors shall from time to time make regulations for determining the number, value, period, and conditions of award and tenure of all exhibitions tenable by scholars after leaving the schools, and all other matters relating to such exhibitions.
Part VI.—Application of Income.
Pensions.
83. The Governors may from time to time, with the sanction of the Charity Commissioners, grant a pension or retiring allowance to any teacher or officer of any school of the foundation; and every accruing instalment of any such pension or allowance shall be, until paid, a charge upon the income of the endowment of the trust.
Repairs and improvements.
84. The Governors shall charge the income of the endowment of the trust with the payment of a sum of 300l. per annum to be placed to a separate account, entitled the Repairs and Improvements Fund Account, and applied to ordinary repairs or improvements of the property used for the purposes of the schools of the foundation, and if not wanted for that purpose to be accumulated and paid to the credit of such separate account for repairs and improvements. The Governors at their discretion may draw upon the accumulations, if any, for the purposes of repairs or improvements, ordinary or extraordinary.
Other expenses.
85. After defraying the expenses of any legal claims which may be chargeable on the trust and the cost of any ordinary repairs or improvements which the money standing to the credit of the Repairs and Improvements Fund Account may be insufficient to answer, the Governors shall employ the net income of the trust for the general purposes of the schools in accordance with the provisions of this scheme; Provided that the amount assigned out of the net income of the endowment of the trust for the purposes of the school or schools for girls shall not in any year after such school or schools shall have been established be less than one fourth part of the said net income for that year, and that the residue of the said net income shall be so applied as at all times to maintain the modern department of St. Paul's School in as full and complete a state of efficiency as the classical department.
Residue.; Unapplied surplus.
86. If in any year there is any residue of the income assigned to any school, the Governors may employ it in increasing the stipend of the head master or head mistress or the amount applicable to the maintenance of assistant teachers and of school plant or apparatus, in improving the accommodation of the school buildings, in aiding the games of the scholars, or generally in promoting the spirit and efficiency of such school. Whatever they do not think fit to spend in these ways they shall on passing the yearly accounts state as unapplied surplus, applicable exclusively to such school, and deposit in a bank; and whenever the sums so deposited rise to 500l. over and above a reasonable current balance, they shall invest the same in the name of the official trustees of charitable funds to the credit of the trust, for the benefit of the school or schools in respect of which such unapplied surplus shall have been stated.
Part VII.—General.
Further endowments.
87. The company or Governors may receive any additional donations or endowments for the general purposes of the foundation or schools thereof. They may also receive donations or endowments for any special objects directed by the donors, provided that such objects are certified by the Charity Commissioners to be for the general benefit of the foundation or of any school thereof, and not calculated to give privileges to any scholar without regard to merit, and not otherwise inconsistent with or calculated to impede the due working of the provisions of this scheme.
Charity Commissioners to decide doubtful questions.
88. If at any time any doubt or question arises among the Governors, or between the company and the Governors, as to the proper construction or application of any of the provisions of this scheme, the Governors and the company, if necessary, shall apply to the Charity Commissioners for their opinion and advice thereon, which opinion and advice when given shall be binding on the Governors and on the company, if concerned.
Charity Commissioners to make new schemes.
89. The Charity Commissioners may, upon the application of the company or of the Governors, from time to time, in the exercise of their ordinary jurisdiction, frame schemes for the alteration of any provisions of this scheme, provided that such schemes be not inconsistent with the first clause of this scheme, or with anything contained in the Endowed Schools Acts, 1869 and 1873.
Scheme to be printed and sold.
90. The Governors shall cause this scheme to be printed and a copy to be given to every person who shall become a Governor, and to every master, mistress, and teacher appointed to any school of the foundation. and copies shall be sold at a reasonable price to all purchasers.
St. Paul's School.
Abstract of Accounts for year ending—
N.B.—Receipts or expenses not falling under any specific heads should be inserted separately in an appropriate place under one of the more general heads.
General Account for year ending—
Receipts.
£s.d.£s.d.
1. Ordinary.
Payment from Mercer's Company in respect of St. Paul's School endowment
Payment from Mercers' Company in respect of Lord Campden's Exhibitions endowment
2. Extraordinary.
Capital sums realised under ss. 7, 34
Total£
Expenses.
£s.d.£s.d.
1. Management of the Trust
Salary of clerk
Postage, stationery, stamps, &c.
Advertisements
2. Pensions, ss. 5 (4) and 83.
3. Annnal Payment to Repairs Account, s. 84.
4. Expenses on Property occupied by the Schools.
Repairs, &c., in excess of payment out of Repairs Account
Classical Department.
Rates and taxes
Insurance
Modern Department.
Rates and taxes
Insurance
Other expenses of St. Paul's School
(Each) School for Girls.
Rates and taxes
Insurance
5. Extraordinary Expenses of the Year.
Specify in detail.
6. Carried to Classical Department Account.
7. Carried to Modern Department Account.
8. Carried to Girl's School Account.
Total£
Repairs and Improvements Account for the year ending—.
Dr.
£s.d.
Balance at commencement of account
Annual payment, s. 84
£
Cr.
£s.d.
Ordinary repairs
Extraordinary repairs or improvements
Balance to next account
£
Schools' Accounts.
N.B.—Particulars of exemptions from payment of tuition fees to be set forth at foot of the receipts for each school separately.
Classical Department of St. Paul's School Account for year ending—.
Receipts.
£s.d.£s.d.
1. From Endowment.
Payment from General Trust Account
Dividends on Government stock (accumulations), s. 86
Interest on cash at bankers
2. From Fees of Pupils.
Entrance fees during the whole year
1st quarter or term
2nd quarter "
3rd quarter "
4th quarter "
3. Incidentals.
Total income of the year
Balance at commencement of account
Grand total
Expenses.
£s.d.£s.d.
1. Expenditure on Classical Department.
Payment to High Master—
Stipend
Capitation fees
Payment for assistant masters, school apparatus, &c.
Expenses of examinations
Exhibitions, s. 78.
Prizes
Books (for library, &c.)
Paper, pens, ink, &c.
Gas, water, coal, &c.
Cleaning, porterage, &c.
Special payments—
Lecturer on any special subject, &c., &c.
2. Investments made during the Year.
Total expenses of the year £
Unapplied surplus (less current balance)
Balance in hand at close of the account
Grand total
Modern Department of St. Paul's School Account for year ending—.
Receipts.
£s.d.£s.d.
1. From Endowment.
Payment from General Trust account
Dividends on Government stock (accumulations), s. 86
Interest on cash at bankers
2. From Fees of Pupils.
Entrance fees during the whole year
1st quarter or term
2nd quarter "
3rd quarter "
4th quarter "
3. Incidentals.
Total income of the year
Balance at commencement of account
Grand total£
Expenses.
£s.d.£s.d.
1. Expenditure on Modern Department.
Payment to head master—
Stipend
Capitation fees
Payment for assistantmasters, school apparatus, &c.
Expenses of examinations
Exhibitions, s. 79
Prizes
Books (for library, &c.)
Paper, pens, ink, &c.
Gas, water, coal, &c.
Cleaning, porterage, &c.
Special payments—
Lecturer on any special subject, &c., &c.
2. Investments made during the Year.
Total expenses of the year£
Unapplied surplus (less current balance)
Balance in hand at close of the account
Grand total£
Girls' School (or Schools Account) for year ending—.
Receipts.
£s.d.£s.d.
1. From Endowment.
Payment from General Trust Account
Dividends on Government stock (accumulations), s. 86
Interest on cash at bankers
2. From Fees of Pupils (for each school separately)
Entrance fees during the whole year
1st quarter or term
2nd quarter "
3rd quarter "
4th quarter "
3. Incidentals.
Total income of the year Balance at commencement of account
Grand total£
Expenses.
£s.d.£s.d.
1. Expenditure on Girls' School (or Schools) (for each school separately).
Payment to head mistress— Stipend
Capitation fees
Payment for assistant teachers, school apparatus, &c.
Expenses of examination
Exhibitions, s. 80.
Prizes
Books (for library, &c.)
Paper, pens, ink, &c.
Gas, water, coal, &c.
Cleaning, porterage, &c.
Special payments— Lecturer on any special subject, &c., &c.
2. Investments made during the Year.
Total expenses of the year
Unapplied surplus (less current balance)
Balance in hand at close of the account
Grand total£
Sealed by order of the Board this 4th day of July 1879.
(L.S.) Henry M. Vane,
Secretary.
Under the authority of an order dated 17th November 1876, the governors granted an annual pension of 800l. to the Rev. Dr. Kynaston, the late high master of St. Paul's school.
Under the authority of an order dated 27th April 1877 the governors granted pensions of 100l. and 50l. respectively to Tito Pagliardinis and Leonce Stievenard the French and assistant French masters of the school.
By an order of the board dated 6th July 1877 the sum of 230l., representing the endowment of the "Kynaston prize or prizes" was authorised to be paid to the banking account of the Official Trustees of Charitable Funds at the Bank of England.
The amount was subsequently invested in purchase of 224l. 2s. 4d. Metropolitan Consolidated stock 3l. 10s. per cent.
The governors of the school appointed under the provisions of this scheme have taken the requisite steps for the removal of the existing boys schools from St. Paul's Churchyard to another site, in pursuance of the directions contained in the 35th clause of the scheme.
For effecting this object the governors have purchased, under the authority of an order of the board dated 9th April 1878, a suitable site in the parish of Hammersmith containing 16a. 1r. 20p. for the sum of 41,000l.
By a subsequent order dated 22nd July 1881, the governors were authorised to expend a sum not exceeding 116,000l. in erection of new school buildings for about 1,000 boys on this site, in accordance with plans which had been previously approved by the Commissioners.
These buildings are now in course of erection. The new school buildings for Dean Colet's schools for girls have not as yet been commenced.
The Board have from time to time upon the application of the Mercers' Company authorised the grant of leases and of other dealings with Dean Colet's estate, the particulars of which are subjoined:—
I. Under the authority of an order of the board dated 21st July 1868, the sum of 1000l. consols representing the bequest of Hannah Barber for Keen's scholarship was, on the 24th July 1868, transferred into the name of the Official Trustees of Charitable Funds in trust for the Charity.
II. Under the authority of an order dated 23rd February 1877, a yearly payment of 8l. in favour of the Charity issuing out of Rushing Wells Farm was redeemed upon the terms of the payment of the sum of 200l. to the banking account of the Official Trustees of Charitable Funds in trust for the Charity.
The sum of 200l. was laid out in the purchase of 209l. 19s. 6d. consols in the name of the Official Trustees of Charitable Funds.
III. By an order dated 2nd November 1877 the board authorised the Company to grant a lease of No. 8 High Street, Whitechapel, for a term of 61 years at the yearly rent of 35l., the lessee to expend 1,000l. in buildings.
IV. Under the authority of an order dated 4th January 1878, the Company granted a lease of "The Masons Arms" public house, No. 37, Watney Street, St. George-in-the-East, for a term of 30 years, at the annual rent of 45l. Lessees to expend 450l. in improvements.
V. Under the authority of an order dated 12th February 1878, the Company granted a lease of a piece of ground in the rear of Nos. 205, 207, 209, 211, Oxford Street, Mile End Old Town for a term of three years from Lady Day 1909 at a peppercorn rent, the lessees paying a premium of 50l.
VI. Under the authority of an order dated 8th March 1878, the Company granted a lease of the "Albion" public house, No. 212 High Street, Shadwell, for a term of 60 years at a rent of 60l., the lessees covenanting to expend 2,000l. in buildings on the property.
VII. Under the authority of an order dated 9th October 1880, the Company effected a sale of the reversion in fee simple of certain property forming part of two houses numbered 26 and 27 Fish Street Hill to the Fishmongers Company, at the price of 1,125l. sterling.
VIII. Under the authority of two orders dated 7th February 1882, a quit rent of 2l. 11s., charged upon certain hereditaments situate within the manor of Hale, and belonging to Mr. A. C. de Rothschild, was redeemed in consideration of the payment by him of 92l. 11s. to the banking account of the Official Trustees of Charitable Funds and three quit rents of 8s. 0¾d. and 10s. 11½d. respectively, charged upon certain hereditaments situate in manors of Hyde and Hale, belonging to Sir N. M. de Rothschild, were redeemed by the payment by him of the sum of 32l. 3s. 7d. to banking account of the Official Trustees of Charitable Funds.
These sums were subsequently invested in the purshase of the sum of 124l. 8s. 4d. consolidated 3l. per cent. annuities in the name of the Official Trustees of Charitable Funds.
2 Savage's Charity.
By an order of the Board of Charity Commissioners for England and Wales, dated the 29th October 1878, the Commissioners in consideration of the transfer by the Company of the sum of 3,333l. 6s. 8d. consols into the name of the Official Trustees of Charitable Funds in trust for the Charity exonerated the property situated in Cheapside, referred to in the report, from the annual payment of 60l. 8s., constituting the endowment of this Charity.
3 Earl of Northampton's Charity.
The properties of the hospital situated at Charing Cross, and more particularly referred to on page 141 of Mr. Hare's report, have all been sold by the Company, with the sanction of the Charity Commissioners, or under the provisions of the Lands Clauses Acts.
Under the authority of an order of the Board, dated 19th December, 1871, the Company effected a sale to Lord Harrington of a part of the Charing Cross estate situate in Craig's Court, at the price of 7,600l., which is now represented by 8,194l. 1s. 4d. consols, standing in the name of the Official Trustees of Charitable Funds, in trust for the charity.
The remainder of this estate was acquired by the Metropolitan Board of Words for street improvements. It appears from the accounts rendered by the Company to the Commissioners that the purchase moneys of this estate are represented by a sum of 54,054l. 9s. 1 consols standing in the name of the Paymaster-General of the High Court to the credit of the charity.
Several building leases of portions of the hospital estates at Greenwich and Lewisham, in the county of Kent, have been sanctioned from time to time by the Board under the provisions of the Charitable Trusts Amendment Act, 1855 (18 & 19 Vict. cap. 124).
The particulars of these dealings with the property are as follows, viz.:—
1. Under the authority of an order of the Board, dated 29th May 1877, the Company granted a small strip of land of the hospital in the Greenwich Marshes for the formation of the road and the development of the estate.
2. Under the authority of an order of the Board, dated the 25th July 1878, the Company, in consideration of the surrender of the existing lease of the property, granted a new lease of a portion of the hospital property at Mottingham, in Kent, to Mr. McLeod, at a yearly rent of 10l.
Under the authority of a subsequent order of the Board, dated 4th October 1878, the Company purchased from Mr. McLeod at the price of 500l. a piece of land adjacent to the property in lease to him.
3. In pursuance of the provisions of a building agreement, dated 26th November 1878, the Company, under the authority of several orders of the Board, have granted building leases of hospital land situate in Greenwich Marshes, and containing 11a. 0r. 10p., to Messrs. Smith and Gale, for a term of 80 years, from 24th June 1878, at an annual reserved rent of 292l., the lessees to expend 30,000l. in building.
The Company are now in receipt of the full rent under the terms of this agreement.
Under the authority of an order of the Board, dated the 2nd May 1879, the Company granted to the trustees of William Hatcliffe's Charity certain strips of land adjacent to the estate of that charity in consideration of the grant by those trustees to the Company of a perpetual right of way over land belonging to the Hatcliffe Charity to some back land belonging to the hospital.
In the year 1878 the Commissioners authorised the Company to promote a Bill in Parliament for the purpose of giving a retrospective sanction to certain leases of the hospital property, which had been granted by the Company without the sanction and authority prescribed by the 29th section of the Charitable Trusts Amendment Act, 1855 (18 and 19 Vict. cap. 124).
The Act which was passed in the following year is as follows, viz.:—
An Act to establish and render valid certain building leases and a certain agreement for a building lease of parts of the estates of the warden and poor men of the hospital of the Holy and Undivided Trinity in East Greenwich, founded by Henry Howard, Earl of Northampton, commonly called Trinity Hospital, Greenwich. [Royal Assent, 29th June 1880.]
Whereas by an Act of Parliament made and passed in the thirteenth year of the reign of Her late Majesty Queen Elizabeth, and intituled, "Fraudulent Deeds made by spiritual persons to defeat their successors of remedy for dilapidations shall be void, &c.," it was enacted that from thenceforth all leases, gifts, grants, feoffments, conveyances, or estates, to be made had done or suffered by any master and fellows of any college, dean, and chapter of any cathedral or collegiate church master or guardian of any hospital, parson, vicar, or any other having any spiritual or ecclesiastical living, or any houses, lands, tithes, tenements, or other hereditaments, being any parcel of the possessions of any such college, cathedral, church, chapter, hospital, parsonage, vicarage, or other spiritual promotion or anyways appertaining or belonging to the same or any of them to any person or persons, bodies, politic, or corporate (other than for the term of twenty-one years or three lives from the time as any such lease or grant should be made or granted, whereupon the accustomed yearly rent or more should be reserved and payable yearly during the said term), should be utterly void and of none effect to all intents, constructions, and purposes:
And whereas by an Act of Parliament made and passed in the fourteenth year of Her said late Majesty, intituled, "An Act for the assurance of gifts, grants, &c., made and to be made to and for the relief of the poor in the hospitals, &c.," it was enacted that these words (master or guardian) of any hospital mentioned in the above-recited Act were intended and meant of all hospitals, Maison Dieus, bead houses, and other houses ordained for the sustentation or relief of the poor, and so should be expended, declared, and taken for ever:
And whereas by an Act of Parliament made and passed in the eighteenth year of the reign of Her said late Majesty, intituled, "An Act for the explanation of the statutes intituled against defeating of dilapidations, and against leases to be made of spiritual promotions in some respects," it was enacted that all and every bond and covenant whatsoever thereafter to be made for renewing or making of any lease or leases customary to the true intent of the first hereinbefore recited Act should be utterly void:
And whereas by "The Charitable Trusts Act, 1853," it was enacted (section 21) that if in any case it should appear to the trustees or persons for the time being acting in the administration or management of any charity or the estates or property thereof that any part of the charity lands or estates might be beneficially let on building, repairing, improving or other lease or leases for working any mine, or that the digging for or raising of stone, clay, gravel, or other minerals, or the cutting of timber would be for the benefit of the charity or that it would be for the benefit of such charity that any new road or street should be formed or laid out, or any drains or sewers made through any part of the charity estates, or that any new building should be erected or that any existing building should be repaired, altered, rebuilt or wholly removed or that any other improvements or alterations in the state or condition of the lands or estates of such charity should be made, it should be lawful for such trustees or persons to lay before the Board of Commissioners (the Charity Commissioners for England and Wales) in the said Act mentioned (hereinafter referred to as "the board") a statement and proposal in relation to any of the matters aforesaid, and that it should be lawful for the said board if they should think that the leases or acts to which the statement and proposal related (with or without modifications or alterations) would be beneficial to the charity to make such order under their seal for and in relation to the granting of such leases, or the doing of any other such acts as aforesaid, and any circumstances connected therewith, as they might think fit although such leases or acts respectively should not be authorised or permitted by the trust, and by section 26 of the same Act it was enacted that the leases, sales, exchanges, and other transactions authorised by such board under the powers of the same Act should have the like effect and validity as if they had been authorised or directed by the express terms of the trust affecting the charity:
And whereas by "The Charitable Trusts Amendment Act, 1855," section 29, it was enacted that it should not be lawful for the trustees or persons acting in the administration of any charity to make or grant otherwise than with the express authority of Parliament under any Act then already passed, or which might thereafter be passed or of a court or judge of competent jurisdiction, or according to a scheme legally established or with the approval of the board any sale, mortgage, or charge of the charity estate or any lease thereof in reversion after more than three years of any existing term or for any term of life, or in consideration wholly or in part of any fine, or for any term of years not exceeding twenty-one years, and by section 38 of the same Act it was enacted that all leases, sales, exchanges, partitions, and transactions authorised by the board under "The Charitable Trusts Act, 1853," or under the Act now in statement should be valid and effectual, notwithstanding among other Acts there mentioned the hereinbefore stated Acts of the thirteenth, fourteenth, and eighteenth years respectively of Her late Majesty, Queen Elizabeth, or any disabling Act (applicable to the charity the estates whereof should be the subject of such transaction), and by section 39 of the same Act it was enacted that it should be lawful for the board to prepare and under their seal to approve of any scheme for the letting of the property or any part of the property of any charity, and that all leases granted by any trustees or persons acting in the management of any charity pursuant to or in conformity with such scheme should be valid:
And whereas by letters patent of His late Majesty King James the First, dated the 5th day of June one thousand six hundred and fifteen, the warden and poor men of the Hospital of the Holy and Undivided Trinity in East Greenwich, founded by Henry Howard, Earl of Northampton, were incorporated under that name as a charitable corporation or hospital for the support and relief of poor and indigent men, and were empowered to hold lands in mortmain as therein mentioned:
And whereas the said charitable corporation has been commonly known by the name of Trinity Hospital, Greenwich, and is herein referred to as "the hospital":
And whereas the hospital is or claims to be seized of or entitled to divers lands and hereditaments in the several parishes of Greenwich, Lewisham, Lee, Bexley, Beckenham, and Mottingham, all in the county of Kent, specified in the third column of the schedule hereto as part of the endowment of the hospital:
And whereas the hospital has from time to time by divers indentures and by certain articles of agreement the dates whereof are specified in the first column of the said schedule (and which indentures and articles of agreement are hereinafter included in the expression "building leases"), and by the style or name of the Warden and Poor Men of the Hospital of the Holy and Undivided Trinity, in East Greenwich, of the foundation of Henry Howard, Earl of Northampton, granted or purported to grant, or agreed or purported to agree to grant leases for building purposes of the said several parcels of land specified in the said third column of the same schedule, which are respectively set opposite to the said dates in the first column, and are hereinafter referred to as the said demised premises for the respective terms specified in the second column opposite to such parcels respectively to the persons respectively whose names are in the fourth column of the said schedule set opposite to such parcels respectively:
And whereas all the messuages, erections, and buildings, which by the aforesaid indentures respectively were required to be completed by the respective lessees, have been built and covered in, and a considerable portion of the land comprised in the articles of agreement of the twenty-fourth day of December, one thsusand eight hundred and sixty-seven, has also been built upon and covered in:
And whereas such terms respectively, or other the interest of the persons named in the fourth column of the same schedule, under or by virtue of such building leases respectively, are now vested or believed to be vested in the several persons respectively whose names are in the fifth column of the same schedule set opposite to the names of the said respective persons named in the fourth column thereof:
And whereas the said several building leases were so granted or made, or purported to be granted or made, as aforesaid, in consideration of the expenditure of divers large sums of money in building upon the said several parcels of land, and also of the yearly rents specified in the sixth column of the same schedule, which rents are respectively much less than the present rack-rent annual value of the properties comprised in the aforesaid indentures respectively, but without the sanction of the Board:
And whereas notice of the application to Parliament for this Act has been served upon the several persons mentioned in the fifth column of the said schedule, and also upon the several other persons, associations, societies, and bodies corporate named in the seventh column of the said schedule, being all the persons, associations, societies, and bodies corporate known to claim any interest in the parcels of land specified in the third column of the said schedule and set against their names respectively:
And whereas it is apprehended that by reason of the aforesaid matters or some of them, the said building leases, may be invalid:
And whereas it is expedient that the said building leases should be established and rendered valid by authority of Parliament:
And whereas the Board have sanctioned the application to Parliament for this Act:
May it therefore please your Majesty that it may be enacted and be it 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:—
Short title.
1. This Act may be cited for all purposes as "The "Trinity Hospital Greenwich Leases Act, 1880."
Confirming scheduled leases and agreement.
2. The several building leases already granted or made by the hospital by the name of the Warden and Poor Men of the Hospital of the Holy and Undivided Trinity, in East Greenwich, of the foundation of Henry Howard, Earl of Northampton, by the indentures and articles of agreement respectively, the dates whereof respectively are specified in the first column of the schedule to this Act, to the several persons respectively whose names are in the fourth column of the same schedule, set opposite to such dates respectively for the terms respectively specified in the second column of such schedule and set opposite to such dates respectively, and the hereditaments comprised in which building leases respectively, are in the third column of the same schedule specified opposite to the dates of the same indentures and articles of agreement specified respectively in the first column, and the counterparts of such building leases shall be and the same are hereby established and rendered valid, notwithstanding any of the said recited Acts of Parliament, or any other law or statute to the contrary, or the said misdescription of the said hospital, and the said building leases and every of them, and all underleases and other instruments creating derivative estates and interests in the said demised premises or any part thereof, and all building leases hereafter to be granted under the said articles shall be deemed to be and to have always been capable of taking effect according to the tenor thereof respectively, and to be and to have always been valid and effectual accordingly, to create the several estates and interests thereby respectively purported to be created or granted, subject, nevertheless, to the conditions therein respectively contained. And all persons who by virtue of such building leases, underleases, or other instruments shall have entered on the said demised premises or any part thereof, or shall have been in receipt of the rents and profits of the same, whether directly or otherwise, shall be deemed entitled to the benefit of such building leases, underleases, or other instruments, and shall be bound thereby.
Saving clause.
3. Saving always to the Queen's most excellent Majesty, Her heirs, and successors, and to all and every other person and persons, bodies politic and corporate, and their respective heirs and successors, executors, and administrators (other than and except the hospital and its successors and the other persons mentioned or referred to in the second section of this Act), all such estates, rights, titles, interests, claims, and demands whatsoever of, in, to, or out of the said lands and hereditaments specified in the third column of the schedule to this Act, or any of them, or any part thereof, respectively, or the rents and profits thereof respectively, as they or any of them had before the passing of this Act, or would, could, or might enjoy if this Act was not passed.
4. All costs of and incidental to the preparing for, C obtaining, and passing of this Act shall be paid byA the hospital.
The Schedule referred to in the foregoing Act.
Dates of Leases.Term.Parcels Leased.Names of Lessees.In whom now vested.Annual Rent.Column No. 7.
£s.d.
20th Nov., 186880 years from Lady Day, 1866.Public House, Greenwich Marshes.Elizabeth Malpas and William Henry Tomsett and Ellen his wife.Robert Courage and others (Brewers).2500Miss Harris.
24th July, 186080 years from Midsummer, 1858.Mottingham LaneThomas McLeodFrederick Augustus Schroeter.12100
24th July, 186080 years from Midsummer, 1858.Mottingham LaneThomas McLeodThomas Jackson12100Thomas McLeod.
24th July, 186080 years from Midsummer, 1858.Mottingham LaneThomas McLeodThomas G Carver2100
11th Feb., 182971 years from Mi chaelmas, 1824.Camp's Hill House, and 3A. 3R. 15P. Lewisham.Henry LeeJane Ker Allan, John Watney, and Frederick Dallas Barnes, trustees of James Allan, deceased.2000Henry Lee.
22nd March, 186442½ years from Mi chaelmas, 1862.Belmont House and Land, Lewisham.William Herbert Vacher.John Wainwright4000W. H. Vacher.
22nd March, 186441 years from Lady Day, 1864.Gothic Cottage, Belmont Hill, Lewisham.Freeling Jones Laurence.Freeling Jones Laurence1500
1st June, 186342½ years from Michaelmas, 1862.Belmont Cottage, Bel mont Hill.David BrownWilliam J. Bezer, subject to a mortgage to Briton Life Association.500Briton Life Association.
25th June, 186642 years from Michaelmas, 1865.House at Bridge End, and 27 A. 0R. 13 P., Bexley.Oswald Augustus Smith.Oswald Augustus Smith.14000
26th Jan., 185561 years from Michaelmas, 1854.House at Hither Green Lane.James Edward Boyd.Arthur Russell1000William Baker Hine.
3rd July, 182865 years from Michaelmas, 1828.Two houses and land at Sydenham Common.John ForsterRalph C. Price1500Devisees of J. Foster, Charles Davidson.
Agreement for granting leases, 24th Dec., 1867.90 years from Christmas, 1867.Land at Lewisham.Abraham Hammond and Nathaniel Nevard.John. Thomas Green1st 7 years £60 per ann. 8th £600 9th £900 10th and subsequent years £1,260 per annum.
24th March, 187090 years from Christmas, 1867.Albion Road, Lewisham and Lee.John Brouncher Ingle, Henry Hill, Walter Sully, James Prounson, William Rider, Anthony Knight, William George Masham, Henry Hill, Samuel Henry Gifford, William Alexander Grubb, Edward Hill and James Moon.John Brouncher Ingle, Henry Hill, Walter Sully, James Prounson, William Rider, Anthony Knight, William George Masham Henry Hill, Samuel Henry Gifford, William Alexander Grubb, Edward Hill and James Moon.l00
2nd Oct., 186890 years from Christmas, 1867.No.1, College Park Villas, Lewisham and Lee.Jos. William Windred.Henry Prior200
2nd Oct., 186890 years from Christmas, 1867.No. 2, College Park Villas, Lewisham and Lee.Henry PriorThomas Truman500
20th Nov., 186890 years from Christmas, 1867.No. 3. College Park Villas, Lewisham and Lee.Henry PriorSarah Sweeting4100
20th Nov., 186890 years from Christmas, 1867.No. 4, College Park Villas, Lewisham and Lee.Jos. William Windred.Robert George Law, subject to mortgage to Sun Building Society.500
29th Jan., 186990 years from Christmas, 1867.No. 5 and 6, College Park Villas, Lewisham and Lee.Jos. William Windred.Laura Liddard, subject to mortgage to Clerks' Provident Association800G. W. Drake, Mrs. Bennett, Clerks' Provident Association.
24th May, 186990 years from Christmas, 1867.No. 7 and 8, College Park Villas, Lewisham and Lee.Alexander Anderson.Alexander Anderson, subject to mortgage to Peoples' Co-operative Building Society.9100H. Kingsford, Mrs. Burns, People's Co-operative Building Society.
27th July, 186990 years from Christmas, 1867.No. 9, College Park Villas, Lewisham and Lee.Jos. William Windred.Charles W. Smith, subject to mortgage to Elizabeth Head.500
27th July, 186990 years from Christmas, 1867.No. 10, College Park Villas, Lewisham and Lee.Jos. William Windred.Fs. W. Brain500A. Rowe.
24th March, 187090 years from Christmas, 1867.No. 11, College Park Villas, Lewisham and Lee.Robert George Law.Robert George Law, subject to mortgage to Elizabeth Head.500A. Wilmott.
24th March, 187090 years from Christmas, 1867.No. 12, College Park Villas, Lewisham and Lee.Robert Haines Miller.Robert Haines Miller, subject to mortgage to People's Co-operative Building Society.500Mrs. Langlois, People's Co-operative Building Society.
29th Jan., 186990 years from Christmas, 1867.No. 1, College Place, Lewisham and Lee.Frederick BurtonRhyme Frost600Frederick Burton.
29th Jan., 186990 years from Christmas, 1867.No. 2, College Place, Lewisham and Lee.Frederick BurtonJames P Anscomb600Frederick Burton.
29th Jan., 186990 years from, Christmas, 1867.No. 3, College Place, Lewisham and Lee.Frederick BurtonAlfred S. Kidner900Frederick Burton.
Dates of Leases.Term.Parcels Leased.Names of Lessees.In whom now vested.Annual Rent.Column No. 7.
£s.d.
14th Oct., 186990 years from Christmas, 1867.No. 4, College Place, Lewisham and Lee.Alfred JamesSamuel Quinnion900Alfred James.
6th May, 187290 years from Christmas, 1867.No. 5, College Place, Lewisham and Lee.James SmithPostmaster-General600James Smith.
6th May, 187290 years from Christmas, 1867.No. 6, College Place, Lewisham and Lee.James SmithJames Smith600M. H. C. and M. Rogers.
20th Nov., 186890 years from Christmas, 1867.No. 1, Albion Villas, Lewisham and Lee.David DubbinJos. Clever, subject to a mortgage to William Stewart.1000Mrs. Holmes.
27th July, 186990 years from Christmas, 1867.Nos. 2 and 3, Albion Villas, Lewisham and Lee.David DubbinBenjamin Horton, junior, subject to a mortgage to Benjamin Horton, senior.1600James Phelps, Mrs. Seaward.
21st Dec., 186990 years from Christmas, 1867.No. 4 and 5, Albion Villas, Lewisham and Lee.David DubbinHenry Walker1400Mrs. Hall.
20th Nov., 186890 years from Christmas, 1867.No. 6, Albion Villas, Lewisham and Lee.Thomas FrenchW. H. Smith, subject to a mortgage to Sarah Bracknell.500Mrs. Noake.
20th Nov., 186890 years from Christmas, 1867.No. 7, Albion Villas, Lewisham and Lee.Thomas FrenchW. H. Smith, subject to a mortgage to Sarah Bracknell.500Mrs. D. Vladwick.
21st Dec., 186990 years from Christmas, 1867.No. 1, College Hill, Lewisham and Lee.Abraham Hammond and Nathaniel Nevard.Edward J. H. Meinertzhagen.400John Alfred Haines, George Knight.
21st Dec., 186990 years from Christmas, 1867.No. 2, College Hill, Lewisham and Lee.Abraham Hammond and Nathaniel Nevard.George Knight, subject to a mortgage to William Islip.400John Alfred Haines, R. Barber.
21st Dec., 186990 years from Christmas, 1867.No. 3, College Hill, Lewisham and Lee.Abraham Hammond and Nathaniel Nevard.George Knight, subject to mortgage to Joseph H. Cole.400John Alfred Haines, Mrs. Vaughan.
21st Dec., 186990 years from Christmas, 1867.Nos. 1 and 2, Bonfield Road, Lewisham.Joseph William Windred.James Linstead, subject to a mortgage to Clerks' Warehousemen Building Society.700Mrs. White, Clerks' Warehousemen's Building Society.
24th March, 187090 years from Christmas, 1867.No. 3, Bonfield Road, Lewisham.William Henry Merrell.William Henry Merrell subject to mortgage to Duchess of Kent Building Society.400Thomas Rennell, Duchess of Kent Building Society.
24th March, 187090 years from Christmas, 1867.No. 4, Bonfield Road, Lewisham.Benjamin VennBenjamin Venn400J. Potter, 5th West Kent Building Society.
9th Sept., 187090 years from Christmas, 1867.No. 5, Bonfield Road, Lewisham.William NobbsWilliam Nobbs, subject to a mortgage to 5th West Kent Building Society.600
9th Sept., 187090 years from Christmas, 1867.No. 6, Bonfield Road, Lewisham.Robert Haines Miller.Robert Haines Miller500Frederick Taylor.
30th March, 187190 years from Christmas, 1867.No. 7, Bonfield Road, Lewisham.Abraham Henry Satch.William Harrison5100C. W. Baldwin, Mrs. Houlgate.
30th March, 187190 years from Christmas, 1867.No. 8, Bonfield Road, Lewisham.Samuel GossSamuel Goss, subject to a mortgage to Temperance Building Society.5100Mrs. Lawson, Temperance Building Society.
14th July, 187190 years from Christmas, 1867.No. 9, Bonfield Road, Lewisham.Henrich Wilhelm Thiede.Henrich Wilhelm Thiede.600
8th Feb., 187290 years from Christmas, 1867.No. 10, Bonfield Road, Lewisham.Abraham Henry Satch.William Harrison5100Mrs. Rowe.
14th July, 187190 years from Christmas, 1867.No. 11, Bonfield Road, Lewisham.Benjamin MillerBenjamin Miller, subject to a mortgage to William Morley.550
14th July, 187190 years from Christmas, 1867.No 12, Bonfield Road, Lewisham.Joseph JuryJoseph Jury, subject to a mortgage to National Freehold Land Society.5100National Freehold Land Society.
6th May, 187290 years from Christmas, 1867.No. 13, Bonfield Road, Lewisham.Stephen Eversfield Featherstone.Anthony Hartman9100
6th May, 187290 years from Christmas, 1867.No. 14, Bonfield Road, Lewisham.James William Skinner Benjamin.Robert D. Strong5100Mrs. Monington.
9th May, 187290 years from Christmas, 1867.No. 15, Bonfield Road, Lewisham.James William Skinner Benjamin.Robert D. Strong500
17th June, 187590 years from Christmas, 1867.No. 1, Oxford Terrace, Bonfield Road, Lewisham.Henry BridelHenry Bridel, subject to a mortgage to Hannah C. Russell and another.600
17th June, 187590 years from Christmas, 1867.No. 2, Oxford Terrace, Bonfield Road, Lewisham.Henry BridelHenry Bridel, subject to a mortgage to Hannah C. Russell and another.600
17th June, 187590 years from Christmas, 1867.No. 3, Oxford Terrace, Bonfield Road, Lewisham.Harriet BurridgeHarriet Burridge600
17th June, 187590 years from Christmas, 1867.No. 4. Oxford Terrace, Bonfield Road, Lewisham.Henry BridelChristopher Blake600
23rd Nov., 187590 years from Christmas, 1867.No. 5, Oxford Terrace, Bonfield Road, Lewisham.Edwin Henry Hone.Edwin Henry Hone600
20th Dec., 187690 years from Christmas, 1867.No. 6, Oxford Terrace, Bonfield Road, Lewisham.Henry BridelHenry Bridel, subject to a mortgage to Hannah C. Russell and another.600
23rd Nov., 187590 years from Christmas, 1867.No. 7, Oxford Terrage, Bonfield Road, Lewisham.William MorleyWilliam Morley, subject to a mortgage to People's Building Society.600People's Building Society.
20th Dec., 187690 years from Christmas, 1867.No. 8, Oxford Terrace, Bonfield Road, Lewisham.Henry BridelHenry Bridel, subject to a mortgage to Hannah C. Russell and another.700
Dates of Leases.Term.Parcels Leased.Names of Lessees.In whom now vested.Annual Rent.Column No. 7.
£s.d.
20th Dec., 187690 years from Christmas, 1867.Nos. 1 to 4, Cambridge Terrace, Bonfield Road, Lewisham.Henry BridelHenry Bridel, subject to a mortgage to Hannah C. Russell and another.2400Mr. Baskett, Mrs. Kite, Mrs. Horwood, F. Dray.
19th July, 187790 years from Christmas, 1867.No. 7, Cambridge Terrace, Bonfield Road, Lewisham.James MoonJames Moon600Mrs. Cordery.
19th July, 187790 years from Christmas, 1867.No. 8, Cambridge Terrace, Bonfield Road, Lewisham.Alfred William Smith.Alexander Steer600A. W. Smith.
20th Dec., 187690 years from Christmas, 1867.No. 9, Cambridge Terrace, Bonfield Road, Lewisham.Hannah SideryHannah Sidery600
20th Dec., 187690 years from Christmas, 1867.No. 10, Cambridge Terrace, Bonfield Road.Thomas Hammerton.Thomas Hammerton600
21st June, 187890 years from Christmas, 1867.No. 1, Windsor Terrace, Bonfield Road.Philip FroudPhilip Froud, subject to mortgage to Men of Kent Lodge of Oddfellows.600Men of Kent Lodge of Oddfellows.
14th March, 187890 years from Christmas, 1867.No. 2, Windsor Terrace, Bonfield Road.Margaret BrennanMargaret Brennan, subject to mortgage to Perpetual Investment Building Society.600Perpetual Investment Building Society.
14th March, 187890 years from Christmas, 1867.No. 3, Windsor Terrace, Bonfield Road.Charles Henry Hewitt.Charles Henry Hewitt, subject to mortgage to 71st Star Bowkett Building Society.60071st Starr Bowkett Building Society.
21st June, 187890 years from Christmas, 1867.No. 4, Windsor Terrace, Bonfield Road.Henry George Warren.Henry George Warren, subject to mortgage to Men of Kent Lodge of Oddfellows.600Men of Kent Lodge of Oddfellows.
21st Dec., 187790 years from Christmas, 1867.The Vicarage, Clarendon Road.Rev. Thomas John West.Rev. Thomas John West.1200
11th Nov., 187090 years from Christmas, 1867.No. 2, Clarendon Villas, Clarendon Road.Thomas George Harris.Henry James Gardner1200
29th Nov., 187090 years from Christmas, 1867.Clarendon House, Clarendon Road.George KnightGeorge Knight, subject to mortgage to Hannah C. Russell and another.2000Mrs. Thomas.
14th March, 187890 years from Christmas, 1867.No. 1, Banks Villa, Clarendon Road.Edgar BanksJames W. S. Benjamin, subject to mortgage to City of London Permanent Building Society.500City of London Permanent Building Society.
14th March, 187890 years from Christmas, 1867.No. 2, Banks Villa, Clarendon Road.Edgar BanksFrederick J. Warren, subject to mortgage to George William Munt.500
12th Dec., 187190 years from Christmas, 1867.Coppard House, Clarendon Road.Edgar BanksRobert H. Miller300Mrs. Lock.
12th Dec., 187190 years from Christmas, 1867.Rother House, Clarendon Road.John Samuel Rendle.John Samuel Rendle8100Miss Barton.
17th June, 187590 years from Christmas, 1867.Chapel, Clarendon Road.George Augustus Northover and Henry William Hall.George A. Northover and Henry William Hall.10100
11th Dec., 187890 years from Christmas, 1867.Pevensey Cottage, Clarendon Road.David KennardDavid Kennard700
11th Dec., 187890 years from Christmas, 1867.Cärlton Villa, Clarendon Road.David and Richard Kennard.Emma Morley800Mrs. Blandford.
12th Oct., 187190 years from Christmas, 1867.Richmond House, Clarendon Road.Gilbert DunsmoreCharlotte M. Catterns17100
12th Oct., 187190 years from Christmas, 1867.Osborne House, Clarendon Road.George KnightHenry Hart Potts, subject to mortgage to Robert Swayne.17100
14th July, 187190 years from Christmas, 1867.Frampton House, Clarendon Road.Haines RowellHaines Rowell1000
14th July, 187190 years from Christmas, 1867.Burnham Villa, Clarendon Road.William WebsterWilliam Webster1000George Fowler.
12th Oct., 187190 years from Christmas, 1867.No. 3, Clarendon Terrace, Clarendon Road.Frederick William Lemon.John James and Albert Gait.800F. W. Lemon.
21st Dec., 187790 years from Christmas, 1867.No. 8, Clarendon Terrace, Clarendon Road.Charles Christopher Higgin.Charles Christopher Higgin.700
5th June, 187190 years from Christmas, 1867.Rose Nursery, Clarendon Road.Abraham Hammond and Nathaniel Nevard.George Walkling, subject to mortgage to Julius Smith.3500
12th Dec., 187190 years from Christmas, 1867.Carlton Villa, Gilmore Road.Selina BurtSelina Burt600
12th Oct., 187190 years from Christmas, 1867.Norton Villa, Gilmore Road.Henry BridelRichard Wheeler and wife.600J. E. Morris.
5th June, 187190 years from Christmas, 1867.Edgar House, High Road, Lee.Edgar BanksRobert H. Miller, subject to a mortgage to Planet Building Society.300Mrs. Longhurst, Planet Building Society.
17th June, 187590 years from Christmas, 1867.Miller House, High Road, Lee.Robert Haines Miller.Robert Haines Miller300
21st Dec., 187790 years from Christmas, 1867.No. 5, Gilmore RoadHenry Charles Dring.Henry Charles Dring500J. Dean.
21st Dec., 187790 years from Christmas, 1867.No. 6, Gilmore RoadJames Scott Sequeira and Maria Rosina his wife.James Scott Sequeira, and Maria Rosina his wife.500Mrs. Paterson.
6th March, 187790 years from Christmas, 1867.No. 9, Gilmore RoadDaniel LeedsDaniel Leeds500Mrs. Ellis.
4th March, 187890 years from Christmas, 1867.No. 11, Gilmore RoadCharles Lorking Rose.Charles Lorking Rose, subject to a mortgage to Post Office Clerks Building Society.500Post Office Cierks' Building Society.
12th Oct., 187190 years from Christmas, 1867.No. 13, Gilmore RoadFrederick BaconFrederick Bacon650
17th June, 187590 years from Christmas, 1867.No. 15, Gilmore RoadJohn BrownAlfred Reynolds6100
17th June, 187590 years from Christmas, 1867.No. 16, Gilmore RoadJohn BrownJosiah Pewtress6100
17th June 187590 years from Christmas, 1867.No. 17, Gilmore RoadJohn BrownJames Isitt Jay, subject to mortgage to John Henry Reed.600
Dates of Leases.Term.Parcels Leased.Names of Lessees.In whom now vested.Annual Rent.Column No. 7.
17th June, 187590 years from Christmas, 1867.No. 18, Gilmore RoadJohn BrownJohn Brown, subject to a mortgage to Mary Ann Brock and others, and further mortgage to Joshua Yardley.600E. J. Russ.
15th Feb., 187890 years from Christmas, 1867.The Laurels, late Gilmore House.Richard Woodhouse Perkins.Richard Woodhouse Perkins, subject to a mortgage to Trustees of 7th Mutual Independent Building Society.15007th Mutual Independent Building Society.
6th May, 187290 years from Christmas, 1867.No. 1, Ashfield Villas, Gilmore Road.Henry BridelHenry Bridel, subject to a mortgage to Men of Kent Lodge of Oddfellows.8100John Moore, Men of Kent Lodge of Oddfellows.
6th May, 187290 years from Christmas, 1867.No. 2, Ashfield Villas, Gilmore Road.Henry BridelJohn Fitzgerald, subject to a mortgage to Trustees of Industrial Benefit Building Society.8100Industrial Benefit Building Society.
17th June, 187590 years from Christmas, 1867.Nos. 3 and 4, Ashfield Villas, Gilmore Road.Henry BridelHenry Bridel. subject to a mortgage to Hannah C. Russell and another.16100T. North.
17th June, 187590 years from Christmas, 1867.No. 5, Ashfield Villas, Gilmore Road.Robert ButtsEdward Musgrove800Thomas Wheeler.
17th June, 187590 years from Christmas, 1867.No. 6, Ashfield Villas, Gilmore Road.Robert ButtsEdward Musgrove8100Mrs. Hall.
The income derivable from the endowments of the hospital having largely increased in the result of the sales of the London estate and the gradual development of the hospital properties at Greenwich and other places in its vicinity, the Company made an application to the Charity Commissioners under their corporate seal in the year 1876 for the establishment of a scheme to provide for the regulation of the charity and the application of its increased income.
The following scheme was accordingly established under the authority of an order of the Board, dated 29th July, 1879:—
In the matter of the Charity known as the Hospital of the Holy and Undivided Trinity, of the foundation of Henry Howard, Earl of Northampton, in the parish of Greenwich, in the County of Kent; and
In the matter of "The Charitable Trusts Acts, 1853 to 1869."
Whereas an application in writing was made to the Board of Charity Commissioners for England and Wales on the 28th day of July 1876, in the matter of the above mentioned Charity, under the Common Seal of the warden and poor men of the above-mentioned hospital, and by the direction testified by their concurrence in the said application, of the Right Honourable Roundell Baron Selborne, the master, and Philip Blundell Bicknell, the renter warden of the Commonalty of the Mystery of Mercers of the city of London, the trustees of the said hospital, and of Wilton Parker, the warden of the said hospital:
And whereas the gross annual income arising from the endowment of the said Charity amounts to 50l. or upwards:
And whereas it is desirable that a scheme should be established for the future regulation of the said Charity:
And whereas notice of the intention of the said board to make an order for the foregoing objects has been published by the affixing of the same, according to the direction of the said board, to or near principal outer gates or doors, of Trinity Hospital aforesaid, and of the parish church of St. Mary, Bungay, in the county of Suffolk, on the 24th day of October 1878, in each case; of the vestry clerk's office, and of the parish church of St. Alphage at Greenwich, on the 25th day of October 1878, in each case; of the parish church of Shottesham, in the county of Norfolk, on the 27th day of October 1878; of the Hall of the Mercers' Company in the city of London, on the 4th day of November 1878; and of the parish church of Castle Rising, in the said county of Norfolk, on the 14th day of November 1878, and by advertisements in "The Kentish Mercury," the "Greenwich and Deptford Chronicle," the "Lynn Advertiser," and "Norfolk Chronicle and Norwich Gazette," newspapers on the 2nd and 9th days of November, 1878, in the "Times" newspaper on the 29th day of October, and 6th day of November 1878, and in the "East Suffolk Gazette," newspaper on the 5th and 12th days of November 1878, being in each case more than one calendar month previously to the date hereof:
And whereas no notice of any sufficient objection to the said proposed order has been received by the said board:
Now the said board do hereby order that the scheme set forth in the schedule hereto be, and the same is hereby approved and established as the scheme for the future regulation and management of the said Charity, and of the endowments thereof.
Schedule.
Title.
1. The Charity and the funds and endowments thereof shall continue to be managed and administered under the title of "The Earl of Northampton's Charity," by the wardens and commonalty of the Mystery of Mercers of the city of London (hereinafter called the trustees), as the trustees thereof, subject to and in conformity with the provisions of this scheme.
Warden and poor men to conform to requirements of trustees.
2. The warden and poor men of the hospital of the Charity at Greenwich shall permit the trustees to receive and take the annual and other rents, issues, and profits of all the real estates vested in them, and from time to time to manage and let the same, and to use, order, and dispose of the goods and personal estate held by them, in accordance with the provisions of this scheme; and for the purposes aforesaid, the warden and poor men of the hospital at Greenwich shall in their corporate capacity make and execute all such deeds, leases, and other instruments, and do and perform all such acts, as the trustees shall require. The trustees shall be at liberty to use the corporate name of the said warden and poor men for the purpose of bringing or defending such actions and other proceedings as the trustees shall think fit, and shall be authorised to institute or defend, the warden and poor men being saved harmless and indemnified therein out of the Charity estates. The common seal of the hospital shall be kept by the clerk of the trustees. Subject as aforesaid, nothing in this scheme contained shall affect or prejudice the powers of the warden and poor men, being inmates of the hospital at Greenwich, to do all such acts as the warden and poor men of the said hospital are empowered to do by the Letters Patent, dated the 5th day of June, in the 13th year of the reign of King James the First, and by the statutes made in pursuance of those Letters Patent.
Management.
3. All the estates and property of the Charity not required to be retained or occupied for the purposes thereof, shall be let by or under the direction of the trustees for the best rents obtainable for the same, having regard to the stability of the tenant or lessee, and also having regard to any covenant entered into by him for the improvement of the land. Public notice of the intention of the trustees to let any land or other property belonging to the Charity shall be given in such manner as shall be considered to be most effectual for giving full publicity to such intention, and no tenancy shall be created in reversion or for more than twenty-one years certain, or, save as hereinbefore provided, for less than the improved rackrent value, without the sanction of the Charity Commissioners or a competent court.
Expenses of management and ordinary repairs.
4. The cost of the ordinary maintenance and repair of the buildings belonging to the Charity (other than those which may from time to time be in the occupation of the trustees for the purposes of the Charity, and those which are required to be kept in repair by the lessees or tenants thereof), and the outgoings, charges and expenses of and incidental to the management of the estates and properties of the Charity, including the salaries and remuneration of the officers necessary for that purpose, shall be defrayed by the trustees in the first instance out of the income of the Charity, provided that the aggregate amount so to be expended shall not in any one year exceed 550l., except with the assent of the Charity Commissioners.
Repairing fund.
5. For the purpose of providing the requisite funds for the extraordinary reparation and renewal of the buildings and properties belonging to the Charity, the trustees shall, as soon as practicable after the establishment of this scheme, constitute and establish a "reserve fund," and shall reserve a sum of 500l. out of the accumulated surplus funds of the Charity, and invest and accumulate the same in their names, or in the names of four of their body, in 3l. per cent. annuities at compound interest to a separate account to be entitled "The Repairs and Improvement Fund," and shall further yearly and every year reserve and set apart out of the income of the said Charity a sum of 100l., and shall invest and accumulate the same in like manner in augmentation of the said fund until the same shall amount to 2,000l. The said fund shall be applicable to the extraordinary structural repair of the houses and property of the Charity, for the repair of which provision is made by the last preceding clause of this scheme. If and when the said sum of 2,000l. or any part thereof shall be so applied, the same shall be again made up in like manner to that amount.
Division of charity into branches.
6. The Charity shall, for the purposes of this scheme, be divided into three branches, to be called respectively "The Hospital Branch," "The Pension Branch," and "The Residuary Branch."
Application of income.
7. The clear amount of the annual income of the Charity shall be applied by the trustees, firstly, to the purposes of the "Hospital Branch," secondly, to the purposes of the "Pension Branch," and the remainder of the said income shall be applied to the purposes of the "Residuary Branch" in manner hereinafter mentioned.
The Hospital Branch.
8. The hospital branch shall embrace the present hospital buildings with the chapel, outbuildings, garden, and appurtenances situate at Greenwich, and now used and occupied for the purposes of the hospital, and also the hospital to be established by the trustees, with the sanction of the Commissioners, at Shottesham, in the county of Norfolk, in manner hereinafter mentioned, together with the outbuildings, gardens, and appurtenances to be used and occupied therewith.
Erection of hospital at Shottesham.
9. The trustees shall, as soon as conveniently may be after the establishment of this scheme and with the sanction of the Commissioners, cause to be erected on a convenient site in the parish of Shottesham in the county of Norfolk, which shall have been conveyed to them in fee simple for the purposes of the Charity, a hospital building, comprising eight suitable and convenient residences, together with the necessary outbuildings and offices, for the use and occupation of the poor men to be elected, nominated, and appointed from the parish of Shottesham, in manner hereinafter mentioned. The trustees may also provide a suitable room or hall in the said buildings, which shall be available primarily for the conduct of the business of the trust, and, subject thereto, for the purposes of a parish reading room, or for other public and parochial purposes to be approved by the nominators, appointed as hereinafter mentioned, for the parish of Shottesham.
Provision of cost of hospital.
10. The costs of the said hospital and its site shall be provided, with the sanction of the Commissioners, either out of the income or the capital funds of the Charity, or by a loan to be raised by the trustees upon the security of a sufficient part of the trust estates.
Maintenance and repair of hospital buildings.
11. The hospital buildings at Greenwich and Shottesham, including the chapel at Greenwich and the warden's residence there, and the other buildings connected with both the hospitals shall be maintained and kept in repair by the trustees, who shall also make such provision for furnishing the same buildings as they have hitherto been accustomed to make in respect of the hospital at Greenwich.
Trinity Hospital buildings to be reserved for Greenwich.
12. From and after the erection and establishment of the hospital at Shottesham the hospital at Greenwich shall be reserved and appropriated for the residence of the poor men to be elected, nominated, and appointed from time to time from the parish of Greenwich, in manner hereinafter provided.
Number and qualifications for poor men.
13. The full number of poor men shall be 28, of whom 20 shall be inmates of the hospital at Greenwich and eight shall be inmates of the hospital at Shottesham. The inmates of the respective hospitals shall be poor men of good character who, as to the hospital at Greenwich shall be widowers or unmarried, and shall have resided in the parish of Greenwich for not less than four years next preceding the date of their appointment, and as to the hospital at Shottesham, shall have similarly resided in that parish for not less than four years next preceding the date of their appointment, who shall not during that period have received poor law relief (other than casual or occasional relief in case of sudden sickness, calamity, or accident), and who, by reason of age, ill health, accident, or infirmity, shall be unable to maintain themselves by their own exertions. Provided that for the period of ten years from the date of the establishment of this scheme no person shall be disqualified from becoming an inmate of the hospital at Shottesham on the ground of the receipt of poor law relief, but this exemption shall not extend to authorise the continuance of the receipt of relief by an inmate of that hospital.
Nominators.
14. The poor men shall be elected, nominated, and appointed in manner hereinafter mentioned. There shall be a body of "nominators" for each of the parishes of Greenwich and Shottesham. The nominators for the parish of Greenwich shall be the vicar, churchwardens, overseers of the poor, and the high constable of the ancient parish of Greenwich for the time being, two of the guardians of the poor elected for the parish of Greenwich, to be elected by the Board of Guardians of the Greenwich Union, four persons possessing the qualifications for the office of a vestryman of the parish of Greenwich, to be elected by the Vestry of that parish, one of whom shall be resident in each of the wards into which the parish is divided, and two other persons, possessing the like qualifications, to be elected by the incumbents or vicars for the time being of the several ecclesiastical or new parishes of Christ Church, Holy Trinity, St. John the Evangelist, St. Paul, and St. Peter, within the ancient parish of Greenwich, and of any other ecclesiastical or new parishes which may hereafter be formed within or out of the same parish. The nominators for the parish of Shottesham shall be the vicar, churchwardens, and overseers of the poor of the parish for the time being, and three other persons, being resident ratepayers of the parish to be elected by the vestry of the parish. Every nominator so elected as aforesaid shall be appointed to office for the term, in the case of nominators elected by a vestry, of five years, in the case of nominators elected by the said Board of Guardians, of four years, and in the case of nominators elected by the said incumbents or vicars, of three years, but shall in every case be re-eligible. The first election of the nominators so to be elected as aforesaid shall take place as soon as conveniently may be after the establishment of this scheme, and their election shall be notified to the trustees, in the case of Greenwich, by the vicar of Greenwich or by his direction, and in the case of Shottesham, by the vicar of Shottesham. Upon the death, or resignation in writing, or expiration of the term of office of any elected nominator, or if any nominator elected by the said Board of Guardians shall cease to be a guardian, or if any nomi nator elected by either of the said vestries or by the said incumbents or vicars shall cease to be respectively qualified as aforesaid, an election of a nominato to fill the vacancy so caused shall be similarly made and notified.
Trustees to elect nominators in default of election by electing bodies.
15. The right of electing nominators shall lapse to and be exerciseable by the trustees, if and so far as the election by the electing bodies shall not have been fully made and notified to the trustees as aforesaid, as to the first election, within the period of three calendar months next after the establishment of this scheme, and, as to any subsequent election, within the like period next after the occurrence of a vacancy.
Nomination and appointment of poormen.
16. A written notification of the occurrence of every vacancy in either of the hospitals shall be forthwith given by or under the direction of the trustees, in the case of Greenwich to the vicar of that parish, and in the case of Shottesham to the vicar of that parish, who shall thereupon convene a meeting of the nominators of the parish, stating in the notices convening the meeting the particulars of the existing vacancy or vacancies, and the nominators, or a quorum of them, consisting in the case of Greenwich of not less than five, and in the case of Shottesham, of not less than three, present at such meeting, shall by a resolution adopted by a majority at least of the number present at the meeting, thereupon proceed to elect and nominate two duly qualified persons for each of such vacancies, and shall forthwith submit the names of the persons so elected and nominated, together with all necessary particulars, to the trustees, who shall proceed to select and appoint from the names so submitted to them, a person to supply the vacancy. If the votes of the nominators given upon an election be equally divided, the vicar of the parish who shall, when present, be chairman of the meetings of the nominators, or in his absence the chairman to be elected by the nominators present at the meeting to preside thereat, shall have a double or casting vote.
Trustees to appoint poormen in default of nomination by nominators.
17. If and so often as the nominators entitled to nominate to a vacancy in a hospital, shall neglect or omit to elect and nominate to the trustees a duly qualified candidate for appointment to the hospital in which the vacancy shall have occurred, within the period of three calendar months next after the transmission of the notices of the vacancy hereinbefore prescribed, the trustees shall appoint some duly qualified person to fill the vacancy without any further notice to or communication with the nominators.
Expenses of election and meetings of nominators.
18. The trustees may defray out of the income of the charity applicable for the purposes of the Hospital and Pension Pension Branches thereof any reasonable costs and expenses incident to the election and meetings of the nominators. The nomination of poor men shall be made by the nominators from time to time, in the exercise of their discretion, at meetings of their body and not separately by any individual nominator or nominators.
Stipends of poor men.
19. There shall be paid to each of the poor men, out of the income of the said charity by such periodical payments as the trustees shall think fit, such an allowance in money, being at the rate of not less than 10s. or more than 15s. per week, as shall be fixed and determined from time to time by the trustees. The said sum shall include all the payments and allowances in money or kind (except as hereinafter mentioned) heretofore payable by the trustees to the poor men. The trustees shall be at liberty to make arrangements for the supply and service of such articles as they shall think fit for the use of the poor men, and for the payment of the cost thereof out of their respective weekly allowances. The poor men shall also be provided, at the cost of the charity, with a gown and cloak, and with a reasonable provision for washing fuel, and supply of light, in addition to their respective pecuniary allowances.
Absence from hospital.
20. No poor man shall be absent from the hospital of which he is an inmate for a period exceeding 48 hours, without the permission in writing of the warden, in the case of the hospital at Greenwich, or of one of the nominators in the case of the hospital at Shottesham, but in special cases such permission may for any sufficient reason be given retrospectively after the absence has occurred.
Rooms.; Rooms in hospitals not to be let.
21. A separate room or set of rooms in the hospital of which he is an inmate shall be assigned by the trustees to each poor man for his exclusive occupation. No poor man shall be permitted to let or part with the possession of the room or rooms allotted to him, or to suffer any stranger to occupy the same or any part thereof, except with the special permission of the trustees.
Medical officer and nurses.
22. The trustees shall be at liberty to appoint medical officers to attend the poor men in sickness, and to supply them with necessary medicines and medical appliances, at such yearly salary, to include the cost of all such medicines and appliances, as shall be fixed from time to time by the trustees, provided that the annual sum to be paid under this clause shall not exceed, in the case of the hospital at Greenwich, 60l., and in that of the hospital at Shottesham 20l.
The trustees shall also be at liberty to provide and pay out of the income of the charity duly qualified nurses, for the special care and attendance of any sick, infirm, or aged inmate requiring such care or attendance.
The trustees shall also be at liberty to expend a sum not exceeding 5l. in any case, in defraying the cost of burial of the inmates of each of the hospitals.
Register.
23. The trustees shall provide and keep a book in which shall be entered the names, ages, and descriptions of all persons appointed to be poor men of each of the hospitals, together with the dates of their respective appointments.
Removal of poor men.
24. If any of the poor men shall be guilty of insobriety, insubordination, breach of rules, or immoral or unbecoming conduct, or shall receive parochial relief, or by reason of the acquisition of property shall cease to be a proper object of the charity, or shall become disqualified from retaining his appointment, or if in any case it should appear that he has been appointed without having the required qualifications, the trustees, upon proof thereof to their satisfaction, may remove such poor man, and take possession of the tenement or room occupied by him, and may direct the appointment of another person in the place of the poor man so removed, or, in case of such misconduct as aforesaid, the trustees may, if they so think fit, suspend the payment of the allowance, either wholly or in part, during such time as they shall think fit and expedient.
Rules and regulations.
25. The trustees shall be at liberty from time to time to make rules and regulations for the management of the "hospital branch" of the charity, and for the government of the hospitals at Greenwich and Shottes ham, and of the poor men and officers thereof respectively, provided that the said regulations shall not be inconsistent with the provisions of this scheme.
As to the Hospital at Greenwich.
Title of hospital at Greenwich.
26. The hospital of the charity at Greenwich shall continue to be called "Trinity Hospital, Greenwich."
Chapel.
27. The chapel of the hospital shall be appropriated to the celebration of divine service, according to the rites and ordinances of the Church of England, for the benefit of the poor men, officers, servants, and other persons employed in or about the hospital.
Warden.
28. There shall be a warden of the hospital, who shall possess the qualifications prescribed by the existing statutes of the hospital. He shall be appointed by the trustees, and shall also be removeable by them for misconduct, neglect of duty, or other good cause, the sufficiency of which shall be judged of and determined exclusively by the trustees.
Residence of warden.
29. An official residence shall be provided by the trustees for the occupation of the warden, rent free. The warden shall reside in his official residence, except during such intervals as may be allowed by the trustees; and he shall not underlet or part with the possession of his residence or any part thereof.
Duties of warden.
30. The warden shall have the immediate superintendence and control over the hospital and the poor men and officers, subject to the authority and direction of the trustees. The warden shall also, twice at least in each year make a report to the trustees upon the state and condition of the hospital, mentioning in such report any special circumstances which shall in his judgment require the consideration of the trustees. The trustees, with the sanction of the Commissioners, may grant a suitable retiring pension to the warden, in the event of his retirement from his office on the ground of age or disability, or after a long period of service.
Stipend of warden.
31. The trustees shall pay to the warden out of the income of the Charity such a yearly stipend, not exceeding 200l., as they shall from time to time determine.
Chaplain.
32. There shall be a chaplain of the hospital, who shall be appointed and shall be removeable by the trustees, and shall be a clergyman in priest's orders of the Church of England.
Combination of offices of warden and chaplain.
33. The trustees shall be at liberty, if they think fit, at any time after the next avoidance of the office of warden, to combine the offices of warden and chaplain in one person, but so long as the offices shall be held by different persons, the trustees shall pay to the chaplain an annual stipend of an amount not exceeding 100l.
Duties of chaplain.
34. The chaplain shall have the spiritual care and superintendence of the poor men and officers of the hospital, and shall visit and administer spiritual consolation to them. He shall, either in person or by a sufficient deputy in holy orders, read prayers in the hospital chapel in the morning of every day, other than Sunday, throughout the year, and shall perform also such services in the chapel on Sundays and festivals, as shall from time to time be prescribed by the trustees, having regard to the convenience of the poor men.
Payment to churchwardens.
35. The trustees shall be at liberty to pay to the churchwardens for the time being of the parish of St. Alphage, Greenwich, an annual sum not exceeding 10l. in respect of the attendance of the inmates of the hospital at the services of the church of that parish.
Sub-warden.
36. The warden may appoint one of the poor men to be sub-warden, subject to the approval of the trustees. It shall be the duty of the sub-warden to assist the warden in maintaing order and discipline amongst the poor men, and in performing such other duties as shall be reasonably required of him. There shall be paid to the sub-warden out of the income of the Charity a weekly allowance of 5s., in addition to his allowance as one of the poor men.
Officers and servants.
37. The trustees shall be at liberty to appoint such attendants, servants, and officers as shall from time to time be reasonably required for the purposes of the hospital, at such salaries as shall be determined by the trustees, but every such person may be dismissed by the trustees at their pleasure.
Limit of expenditure on hospital.
38. The aggregate amount of the annual expenditure in and upon the hospital and its fabric and fittings, and the maintenance of its inmates, and in relation thereto shall not exceed the sum of 1,800l. And the trustees shall, as soon as practicable, take the necessary steps to adapt the conduct and management of the hospital to the foregoing provisions of this scheme. Provided that so long as the present warden or any poor man appointed without notice that his appointment was made subject to this scheme, shall continue to be inmates of the hospital, the aforesaid expenditure may be increased by any annual sum (not exceeding in the case of the warden 100l., nor in the case of a poor man 20l.), which may be necessary to maintain their present payments and allowances.
As to the Hospital at Shottesham.
Title of hospital at Shottesham.
39. The hospital shall be called and known as "Trinity Hospital, Shottesham."
Appointment of steward of hospital.
40. The nominators shall be at liberty, subject to the approval of the trustees, to appoint one of the poor men to be steward of the hospital. It shall be the duty of the steward to maintain order and discipline amongst the poor men, and to perform such other duties as shall reasonably be required of him. There shall be paid to the steward out of the income of the Charity a weekly allowance of 4s., in addition to his allowance as one of the poor men.
Admission to hospital of wives of poor men.
41. The trustees may permit the wife of any poor man to reside with him in the hospital under proper regulations, but no woman so resident in the hospital shall acquire any right to be or to remain an inmate thereof independently of her husband.
Spiritual wants of inmates.
42. The trustees shall make special provision for the spiritual wants of the poor men, and shall pay an annual sum not exceeding 20l. to the vicar of Shottesham, or his licensed curate, for that purpose.
In default of Shottesham candidates vacancies to be filled from Bungay and Castle Rising.
43. In default of any duly qualified candidates for appointment as poor men from the parish of Shottesham, the vacancies in the hospital there shall be filled by the appointment by the trustees, alternately, of persons, being otherwise duly qualified, who shall have been bonâ fide resident in the town of Bungay in Suffolk, or in the parish of Castle Rising in Norfolk for not less than four years immediately preceding their appointment. The persons so appointed shall be elected and nominated to the trustees for appointment by the rector or vicar, churchwardens, and overseers of the poor of the several parishes in the town, or of the parish, as the case may be, by an inhabitant of which the vacancy is to be filled, in accordance, mutatis mutandis, with the rules and regulations hereinbefore prescribed for the election and nomination of inmates of the hospital at Shottesham.
Limit of expenditure on hospital.
44. The aggregate amount of the annual expenditure in and upon the hospital, and its fabric and fittings, and in relation thereto, shall not exceed the annual sum of 600l.
Payments to Castle Rising and Clun Hospitals.
Payments to hospitals at Castle Rising and Clun.
45. The trustees shall appropriate and pay out of the income of the charity which shall remain, after providing for and satisfying the objects aforesaid, an annual sum of 150l. to the assistants for the time being of Trinity Hospital, in Castle Rising, and an annual sum of 100l. to the warden and poor men of Trinity Hospital in Clun, both of the foundation of Henry Howard, Earl of Northampton, in augmentation of the general funds of the said hospitals, to be applied by the said assistants, and warden and poor men respectively, in accordance with the provisions of schemes to be established by the Board of Charity Commissioners for England and Wales, or by a competent Court, for the regulation of the said hospitals respectively; the first of the payments prescribed by this clause shall be made at the expiration of six months from the date of the establishment of the said schemes respectively.
Pension Branch.
Pensioners.
46. Subject as aforesaid, a further portion of the income of the said charity shall be applied by the trustees in paying the annual pensions or sums prescribed by this scheme, for the benefit of the pensioners to be appointed as hereinafter provided.
Number and qualifications of pensioners.
47. The full number of pensioners shall be thirty, of whom twenty shall be selected from time to time from the parish of Greenwich, six from the parish of Shottesham, two from the parish of Castle Rising, and two from the town of Bungay. The pensioners shall be persons of either sex, and either married or single, possessing in all other particulars the same qualifications as are hereinbefore prescribed in respect of the poor men to be appointed from each of the said parishes respectively.
Amount of pensions.
48. Six of the pensioners to be selected from the parish of Greenwich shall each be entitled to receive a yearly pension of 36l., each of the other pensioners shall be entitled to receive a yearly pension of 26l.
A pensioner from the parish of Greenwich receiving a pension of 26l. shall be eligible, being otherwise duly qualified, to any vacant pension of higher amount.
Payment of pensions.
49. The pensions shall be paid in such quarterly or other periodical payments, and subject to such reasonable regulations for ascertaining the identity and good conduct of the pensioners, and their continued possession of the required qualifications, as the trustees shall from time to time direct and prescribe.
Appointment of pensioners.
50. The pensioners of each parish shall be elected and nominated by the respective persons, and shall be appointed by the trustees in the manner, hereinbefore prescribed in respect of the election, nomination, and appointment of poor men from each of the same parishes.
Pensioners eligible for admission to hospital or almshouse.
51. Any male pensioner qualified for admission as a poor man to the hospital of the parish in respect of which he has been so appointed a pensioner, shall be eligible for election, nomination and appointment to that hospital, in manner hereinbefore prescribed, and if he shall become a poor man in that hospital his pension shall be thereupon determined.
Removal of pensioners.
52. If any pensioner shall be guilty of insobriety, or immoral or unbecoming conduct, or shall receive parochial relief, or by reason of the acquisition of property shall cease to be a proper object of the charity, or shall become disqualified from retaining his or her appointment, or if in any case it should appear that he or she has been appointed without having the required qualifications, the trustees, upon proof thereof to their satisfaction, may displace such pensioner, and may proceed to appoint another person in her or his place, or in the case of such misconduct as aforesaid, the trustees may, if they so think fit, suspend the payment of the pension either wholly or in part during such time as they shall think fit and expedient.
General regulations.
53. The trustees may from time to time make such general rules and regulations as they may consider expedient for the government of the pensioners, provided that the same shall not be at variance with the provisions of this scheme.
Power to trustees to expend stipend or pension for the benefit of the recipient.
54. The trustees, in lieu of paying the whole amount of the said stipend and allowances to any poor man or pensioner in money may from time to time expend the whole or any portion thereof for his or her benefit, as they shall think fit.
Power to delegate authority to nominators.
55. The trustees may delegate to the nominators for each of the said parishes of Greenwich and Shottesham suitable powers, not being inconsistent with the provisions of this scheme, for the regulation of the hospitals, poor men, and pensioners of each parish respectively, and for the care and custody of the buildings and property of the charity there.
Residuary Branch.
56. Subject to the payments and expenditure hereinbefore prescribed, the residue of the annual income of the charity shall be appropriated and applied by the trustees as hereinafter provided.
Payments to Jubilee Almshouses.
57. The trustees shall be at liberty to pay an annual sum not exceeding 100l. to the trustees of the almshouses known as the "Jubilee Almshouses," at Greenwich, in augmentation of the funds of that charity, to be applied by them in accordance with the provisions of a scheme to be established by the Board of Charity Commissioners for England and Wales, or by a competent court, for the regulation of the same Charity. The first of the payments prescribed by this clause shall be made at the expiration of six months from the date of the establishment of the said scheme.
Grant towards hospitals.
58. The trustees shall be at liberty to apply an annual sum not exceeding 200l. as a contribution to the funds of any medical or curative hospitals, dispensaries, or other institutions established in Greenwich or its vicinity for the reception of patients suffering from acute disease or accident, and for the relief of physical maladies or disorders, upon such terms as shall secure the benefits of such institution to poor inhabitants of Greenwich. The trustees shall also be at liberty to contribute a further sum of 20l. in aid of the funds of any similar institution established in Shottesham or its vicinity, upon the like terms for the benefit of poor inhabitants of Shottesham.
Convalescent hospitals.
59. The residue of the said income shall be applied by the trustees from time to time in promoting and completing the restoration to health of deserving poor persons who have suffered from disease, accident, or infirmity, either by appropriating, or by contributing out of, the same residuary income to the establishment and maintenance of a convalescent hospital or home for the reception and treatment of convalescent patients, in accordance with the provisions of a future scheme to be established by the Charity Commissioners for the purpose, or by making annual grants in aid of the funds of any well-conducted hospitals or institutions already established for that purpose.
Conditions of grants.
60. The trustees, before appropriating any funds of the Charity to any such institutions, shall stipulate with the managers thereof that they shall have, in respect of such appropriation, any such rights of nominating or recommending recipients of the benefits of the same institutions as would be due, or would be accorded to any private subscribers or donors thereto of like pecuniary amounts.
Award of benefits.
61. The benefits derivable from the application of the income of the Charity in either of the alternative modes lastly hereinbefore directed, shall be awarded by the trustees primarily to inhabitants of the parishes of Greenwich and Shottesham, and in the next place to inhabitants of the parish of Castle Rising and the town of Bungay.
Investment of unapplied residue.
62. Any residuary income not actually required to be expended for the several objects and purposes aforesaid, shall be invested from time to time by the trustees, in their names, or in the names of four of their body, in the purchase of 3l. per cent. consolidated annuities, the dividends whereof shall be applicable as part of the the general income of the said Charity.
General Provisions.
Variation of payments.
63. The amounts and conditions of the several payments and allowances to or for the benefit of the recipients of the Charity, which are prescribed by this scheme, may be varied from time to time by the trustees, with the sanction of the Charity Commissioners, and the nominators and trustees respectively shall be bound, in awarding the benefits of the Charity, to satisfy themselves in each case that the recipients are, in respect of poverty and character, deserving of help.
Parishioners and persons interested may take copies of scheme.
64. A copy of this scheme shall be kept with the books of account and other documents belonging to the Charity; and every parishioner of the beneficiary parishes, and every other person interested in the Charity, shall be at liberty to take copies of the scheme, or any part thereof, upon making application for that purpose to the trustees at such reasonable times, and subject to such reasonable conditions as may be fixed and prescribed by them.
65. Any question affecting the regularity or the validity of any proceedings under this scheme shall be determined conclusively by the Charity Commissioners, upon such application made to them for the purpose, as they think sufficient.
Questions to be referred to Commissioners.
66. If any doubt or question shall arise amongst the trustees, or any of them, as to the construction or proper application of any of the provisions of this scheme, or the management of the Charity, they may apply to the said Charity Commissioners for England and Wales for their opinion and advice thereon, which when given shall be binding on the trustees and on all persons claiming under the trust who shall be affected by the question so decided.
Sealed by order of the Board this 29th day of July, 1879.
(L.S.) Henry M. Vane, Secretary.
In pursuance of the provisions of this scheme, the Company have acquired, with the sanction of the Board, a suitable site in the parish of Shottesham, in Norfolk, for the establishment of a Branch Hospital for eight poor men of that parish; and the new buildings will shortly be commenced.
The provisions of the scheme relative to the grant of pensions are in full operation.
The Company have also made grants during the past year (1882) amounting in the aggregate to 1,620l., out of the residuary income to various convalescent hospitals and institutions in pursuance of the provisions of the 59th clause of the scheme.
4 Whittington's Charity.
Under an authority of an order of the Board dated 11th November 1881, the Company accepted the surrender of the lease of the property numbered 13 and 14, Milk Street, Gresham Street, and Mumford Court, and referred to on page 41 of this report, and granted a new lease of the property in question to Mr. Parker for the term of 30 years from Christmas 1880 at the same rent, the lessee having expended a sum of 2,000l. in rebuilding the premises in Milk Street.
The Company have with the sanction of the Commissioners made an agreement dated 1st February 1881, with Messrs. Dove Brothers for the grant of leases of the Charity property situate in King's Arms Yard, Tokenhouse Yard, and Lothbury Churchyard, which are described on page 42 of this report, containing a superficial area of 14,000 square feet for the term of 80 years from 25th March 1881, at annual rent of 2,500l. for first two years, and of 7,000l. per annum or thereabouts for the remainder of the term, the lessees covenanting to expend 50,000l. in buildings on the property.
By an order of the Board dated 10th November 1882, the sale to Messrs. Dove of a strip of land adjoining the last-mentioned property was authorised to be effected at the price of 100l.