APPENDIX A. "HOBBY'S CHARITY" PLUMSTEAD, AND "THE FREE GRAMMAR SCHOOL OF WILLIAM LAMBE," SUTTON VALENCE, KENT.

The condition of these institutions at the time of my inquiry into the charities under the management of the Clothworkers' Company, was stated to the Board in my report thereon. The income of Hobby's Charity under a scheme of the Court of Chancery, of 1834, is divisable into 17 parts, of which six parts are paid to Christ's Hospital, six other parts to the clothing fund of the Clothworkers' Company, and the remainder or five seventeenths towards the discharge of 25 poor prisoners for debt in London, such as lie in for their fees, seven out of each compter and 11 out of Ludgate.

The question at present relates exclusively to the latter portion or five seventeenths of the fund.

The manner in which it was dealt with, in assisting in the discharge of prisoners, up to the time of the passing of the Bankruptcy Act of 1861 (24 & 25 Vict. c. 134.), is set forth in my report of the Clothworkers' Charities (p. 15). The effect of the late statute, and especially of the clauses 98 to 105, in discharging all prisoners for debt (with certain exceptions mentioned in clause 104) has led the Clothworkers' Company to regard this portion of the charity as liberated by the failure of objects from the purpose to which it was dedicated, and to propose to the board that the accumulations of the fund which have not been applied and the accruing income of the five seventeenths for the future should be applied to specific educational purposes, that is to say, the reconstruction of the Free Grammar School of Sutton Valence upon an enlarged plan. Under such circumstances I was requested by the board to make inquiry first into the fact of the absence or contemplated absence of any of the prescribed objects of the charity; and secondly, if there should be such a failure of objects into the propriety of the proposed application.

I should premise that the balance applicable to this purpose and the increase of the five seventeenths of the estate, likewise so applicable, have undergone some change since my former report. The balance is somewhat less, from the circumstance of larger payments having been made for the discharge of prisoners in 1861 and 1862 whilst the income, as appears by the following statement, which has been furnished to me by the clerk of the Company, is considerably more.

The balance applicable to the discharge of prisoners is 1,110l. 3s. 11d. (17th July 1862), thus:—

I visited Whitecross Street prison, and besides a conference with the Acting Deputy Governor, I had the advantage of an interview with the city solicitor, Mr. Charles Pearson, who was kind enough to appoint an hour for meeting me there, and from whom I received a full explanation of the practical effect of the Bankruptcy Act in the confinement of debtors in the city prisons.

The effect of the Act will be to abolish imprisonment merely for debt. The debtor if retained in prison against his will, must be retained because he has been guilty of a misdemeanour under the 221st section of the Act, or because his conduct before or after adjudication of bankruptcy falls within the exceptional classes mentioned in the 3rd division of the 159th section of the Act with regard to prisoners for debt under process from the Superior Courts, I apprehend therefore that the objects have ceased.

There are, however, the exceptions mentioned in the 104th clause, which includes persons in custody under the orders of the county court judges. The committals under the Act of 8 & 9 Vict. c. 127, and 9 & 10 Vict. c. 95 (the County Court Acts) have this peculiarity, that they are not made against the parties as simply debtors but are made in default or contempt of the court for not attending the summons, for not making the required disclosures, for fraudulent conduct, or not paying where in the opinion of the judge the defendant has the means of paying, which also is, I presume, a quasi fraud. Prisoners in this condition are not affected by the Bankruptcy Act, and their cases have been represented in Parliament and elsewhere as cases of hardship. So lately as the 7th of May in the present year (1862) a discussion of which the following is a report, appears to have taken place in Parliament relating to them.

House of Commons, Wednesday. County Courts Procedure Bill. (fn. 1)

Mr. M'Mahon moved the second reading of this Bill. The amendments proposed by it had been suggested by persons thoroughly conversant with county court practices. Their object was to assimilate to a greater extent than at present the practices of the county courts to that of the superior courts. One amendment was to enable persons to sue in county courts on promissory notes when those notes were lost. Another was to enable a person to sue for the value of a thing which had been entrusted to him by another party for sale and which he had sold. A third class of amendments was to give power of appeal on a special case against the decision of the county court judges. No such appeal could take place under the law as it stood; and yet it was much more necessary in regard to the superior courts. Another amendment was that defendants who had not a legal, but had an equitable defence should be allowed to urge that defence. Under the Common Law Procedure Act such defences were allowed in the superior courts, but they were not allowed in the county courts. He did not think there could be any valid objections to the Bill.

The Attorney-General trusted the House would be of opinion that it would not be expedient to proceed further with this Bill. He thought he was in a position to say that the county court judges were adverse to the measure; and as to the provisions that had reference to the penal clauses in the County Court Acts, enabling the judges to impose imprisonment for longer or shorter periods, he would suggest that if they were to be considered, that should be done in a distinct shape, and their existence should not be used as an argument in favour of such a proposal as was to be found in the 8th clause of this Bill. A great portion of the clauses of this Bill were confessedly taken from the Common Law Procedure Acts of 1852 and 1854, and so far the provisions of the Bill might be made available without the intervention of Parliament at all. In reference to the proposed extension of the jurisdiction of the county court judges, he would observe without meaning to disparage them, that if this jurisdiction were thrust upon them they would not be able to discharge it in a satisfactory manner. He considered that the effect of the 8th clause would be to make the county courts the means of raising questions for adjudication before the superior courts. If a Bill were really called for, he thought the 6th clause was unobjectionable; and, if they should go into committee, his conviction was that the Bill would be reduced to that clause. If that were so it was not desirable to legislate piecemeal in this manner. Probably there were some matters connected with the procedure of the county courts that might advantageously obtain the consideration of the House, with a view to the amendment of the law. He had been in communication with some of the county court judges and suggestions from such a source would receive the consideration to which under the circumstances they would be entitled. If the matter were thus originated it would be easy enough to introduce a measure including the 6th clause, but it was not desirable to press the Bill before the House, and he should move that it be read a second time that day six months.

Mr. Henley begged to call attention to the position in which the very poor classes of society are now left with regard to imprisonment for debt. The poorer classes are subject to be imprisoned simply because in the opinion of the judge of the court they can pay, and will not pay. Having almost relieved the upper and middle classes of society from imprisonment for debt, the Government should consider whether this system of penal imprisonment should be continued in regard to the poorer classes of society. He hoped that the Government would look to the subject and that some means would be taken to rid the gaols of poor debtors. The present anomalous state of the law with regard to rich and poor ought to be corrected.

Mr. Ayrton said nothing could be more extravagant than the state of the law at present as it affected the poorer classes in regard to imprisonment for debt. If a man could borrow 20l. he could easily sweep off all his debts, but if he could not he was liable to imprisonment. He hoped the Government would bring in a Bill to remove these anomalies with regard to imprisonment.

Sir G. Grey said the subject of imprisonment for debt was worthy of consideration, and it was one which he thought the Government ought to consider, with a view to assimilating the law to the altered circumstances introduced by the new Bankruptcy Law.

Mr. M'Mahon said if they were to wait for the approval of the county court judges to any measure, there would never be any improvement of the law. Of all persons judges were the last to be consulted upon such subjects. If we had been guided by the opinions of judges we might still have been hanging women with children at the breast for stealing handkerchiefs worth 5s. If the county court judges were consulted on the subject of imprisonment for debt, no Bill would be brought in. The withdrawal of their power to imprison would virtually be almost an annihilation of their business. He did not anticipate that the subject would have been brought forward, or he would have been prepared with returns showing the magnitude of the evil. In the gaols of Worcester and Stafford, however, within two years there were 300 prisoners for debt, and the debts were mainly incurred through pedlars forcing the poor to purchases beyond their means. He was thankful he had been the means of bringing this subject forward.

Mr. Vance said last year the law prohibiting county court judges from sitting in Parliament was repealed, he supposed accidentally, by the Bankruptcy Act, and he thought some opportunity should be taken to renew the prohibition.

The motion for the second reading of the Bill was negatived without a division.

Notwithstanding the opinions thus expressed it is a material question whether the application of charitable funds for the purpose of assisting in the discharge of prisoners committed to prison for such default or contempts of which they are adjudged to be guilty would not be in contravention of the law and against public policy. I have some recollection of hearing a case argued on this ground, against the establishment of a charity for payment of the fines and costs of persons committed by magistrates at petty sessions for poaching, in which the legacy was considered to be void as against public policy; but I have been unable to refer to any report of the case. The endowment in Hobby's trust, again, is only for such prisoners for debt "as lie in for their fees," and it is a question whether that is in any measure the case of the county court debtor. On perusing the warrant on which a debtor committed by the Westminster County Court was retained at White cross Street prison, I found it specified the following particulars:—
the total sum forming the amount which the prisoner must pay in order to be entitled to his discharge under the 10th section of the Act 9 & 10 Vict. c. 95. It may be doubted whether the two last items in the above account can be regarded as fees, and certainly they are not fees so distinguishable from the debt that the prisoner may be discharged from the one and retained for the other.

An important question also arises whether there are or have been in fact for many years past any fees payable by prisoners bringing them within the meaning of Hobby's Charity, and whether in fact all applications of the fund in the discharge of prisoners since 1815 have not been made in error. The statute 55 Geo. 3. c. 50, abolished all fees payable by any prisoner on entrance, commitment or discharge, excepting certain prisons (fn. 2) which do not affect this case; and a statute of the following year (56 Geo. 3. c. 116) reciting that doubts had arisen whether the former Act extended to prisoners confined in gaols or prisoners under civil process for debt only, provides that the abolition of fees "shall extend to all prisoners as well civil as criminal whether confined for debt or crime in any of the prisons of England."

Upon a review of the foregoing statutes I think it may be concluded that the state of the law at present renders it impossible that any such objects as are contemplated in the part of the will of John Hobby above referred to, should be found. The first part of the testator's gift being for the purposes of education it appears to me that following the rule adopted by the Court of Chancery and the House of Lords in the case of Betton's Charity, the liberated endowment may be applied to purposes of education, and having regard to the conveyance of 1677 whereby the lands were vested in the Company, which was thereby charged with the trusts of the entire foundation, an arrangement confirmed by the decree of the Court of Chancery in 1679, it seems to be reasonable that the Clothworkers' Company should be entrusted with the administration of the new educational fund thus to be created.

The remaining question is on the propriety or expediency of employing the surplus fund on the Sutton Valence school.

The foundation of this institution and its condition at the time of my inquiry into the charities of the Clothworkers' Company are set forth in my report on those charities, and to that, to avoid unnecessary repetition, I beg to refer.

The master of the school resigned his office (receiving, I am informed, some compensation from the Company) soon after my former inquiry, and the school has since been closed. The school, besides its site, was only endowed with a rentcharge of 30l. a year, which the Company in 1605 sold for 360l. and thenceforward charged themselves with the payment of it. They had not, however, limited their support of the school to the amount of the rentcharge, but expended on it for several years before 1857 annual sums varying from 600l. to 900l. a year, and since the Grammar School has been closed, their subscription to the National school of Sutton Valence has amounted to little less than the annual rentcharge.

The Clothworkers' Company now propose to lay out 3,000l. on the building of the Sutton Valence school. I have been furnished with a copy of the resolutions of the Court to that effect, which are as follows:—

"Court 2nd April 1862.

"The following resolutions were agreed to:—

"1st. That in the opinion of this Court it is desirable to rebuild and reorganise the Company's school at Sutton Valence.

"2nd That the Sutton Valence Committee be authorised to commence such rebuilding of the school premises, at a cost not exceeding 3,000l., the plan and elevation of the building to be submitted to the Court for approval.

"3rd. That a complete new code of laws and ordinances be drawn up by the said Committee embracing all points connected with the internal economy of the school, which code of laws shall be as much in conformity with the expressed designs and intentions of its benevolent founder as is compatible with the advanced state of education, science, and literature, since his death.

"4th. That no appointment whatever to any office in the school shall be made till such revised code of laws and ordinances has received the sanction of the Court.

"5th. That it be an instruction to the Committee not to admit any regulation or provision in the said rules and ordinances that would interfere with the school being a general benefit to members of all Christian denominations."

In pursuance of the second purpose of inquiry, the expediency of this application of the funds of a portion of the funds of Hobby's Prisoners' Charity in aid of the new foundation, I visited the school premises at Sutton Valence, and met some of the members of the special committee of the Company appointed on this subject, and their architect, together with the curate of the parish, and several gentlemen of the neighbourhood interested in the proposed institution.

The situation of the town or village of Sutton Valence is singularly striking and beautiful, overlooking a vast country on the south comprising the weald of Kent and Sussex, across Tenterden to the sea on the east, and to the Surrey Hills on the west. The committee of the Company think it possesses such natural attractions that if it were the seat of a first rate educational establishment, it might become a favourite place of residence for families seeking an education for their children, and certainly few inland places at a distance from any populous town have more of natural advantages to recommend them. Upon such contingencies it is, however, impossible at this day substantially to speculate, and the question probably to be considered is whether there is a sufficiently reasonable prospect of general benefit from the proposed foundation, that the surplus funds of Hobby's Charity should be permitted to go in aid of the considerable funds which the Clothworkers' Company propose to dedicate to the same purpose from their corporate resources.

Upon a view of the schoolmaster's house and the school buildings, it appeared very doubtful whether any valuable or permanent improvement could be made short of pulling down and rebuilding the whole. This, I believe, was the opinion of most of the committee and their architect, and it appeared to me that the premises, particularly the master's house, were in too dilapidated a state to justify any expenditure in repairs. It then became a question whether a better site for the new school could not be obtained.

The school premises and gardens are on the southern slope of the hill on which the village stands, and the houses front the principal street, the gardens rising in terraces behind, and extending to the top of the hill, where the outer garden wall abuts upon a lane or occupation road leading to the property of Sir Edward Filmer.

The ground which forms the table land at the top of the hill belongs to the same gentleman, who was present at my visitation, and expressed his willingness to exchange a sufficient quantity of land on the hill, for other land belonging to the Clothworkers' Company (not to the school) on the side of the valley, south of the school and street. The site thus offered would be on a level and healthy spot, in a very commanding position, and would have great advantages over the comparatively narrow and confined space below, whilst the latter would be eligible for private residences which would not improbably be in demand, especially if the school were successful. The members of the committee present expressed their intention immediately to take steps for carrying out this exchange between the Company and Sir Edward Filmer, and thereby to facilitate the plan of rebuilding and adding to the foundation of the school, and I am informed that the exchange is now in progress.

There is nothing in the terms of the foundation of the grammar school of William Lambe, which stands in the way of the adoption of a scheme for affording by its means a liberal education to persons of all classes, and referring to the foregoing resolution of the Court of the Company of the 2nd April last it does not appear that there is any inclination to restrict its benefits, but rather that they are disposed to enlarge them. The Board will probably refuse to pledge itself to an approval of the application of the funds in question in aid of a school of which the scheme of admission and government is not yet before it; but assuming that the scheme be such as the Board may sanction, the future income of the five seventeenths of the Hobby estate still remaining applicable to its original objects if any should hereafter arise I respectfully submit that there is no apparent objection to the application of the existing balance and the income from time to time accruing in aid of the Sutton Valence school.

All which I submit to the Board.

(Signed) Thos. Hare,
Inspector of Charities.

12th August 1862.

APPENDIX B. JOHN LUTE'S CHARITY.

Report of Mr. Skirrow, dated the 10th day of August 1877.

TO THE CHARITY COMMISSIONERS FOR ENGLAND AND WALES.

In the matter of John Lute's Charity, under the management of the Clothworkers' Company, in the city of London.

My Lords and Gentlemen,
In pursuance of a Minute of the Board, dated 13th July 1877, I inquired into the foundation endowments and objects of the above-mentioned charity, and its present circumstances and condition, and whether any and what improvements might be made in the management or application of the same.

In the course of such inquiry, which took place on the 7th August 1877, at the Clothworkers' Hall, Mincing Lane, I received both oral and documentary evidence, but not upon oath, and now have to report as follows:

John Lute's Charity.

John Lute, citizen and clothworker, by will, dated the 12th May 1585, and proved in the Prerogative Court of Canterbury on the 6th February 1586, devised four messuages, with the shops, &c. thereto belonging, in the parish of St. Dionis, Backchurch, then rented at 9l. 13s. 4d. a year, a messuage called the Leaden Porch, with the shops, &c. thereto belonging, in the parish of St. Lawrence, Old Jewry, then rented at 6l. a year, and a messuage, with the shops, &c. thereto belonging, called the Lute and Maidenhead, in the parish of St. Michael, Cornhill, then rented at 10l. a year, to the master, wardens, and commonalty of clothworkers and their successors; and he willed that they should demise the premises and should from the profits arising by the fines of such leases within four months after they should have raised 200l., thereby, lend and deliver the 200l., as follows, viz.:—100l. thereof to five young men free of the corporation, 20l., a piece for three years; and the other 100l. to 10 honest householders, freemen of the Company, 10l., a piece for three years, on good security, and so from three years to three years for ever. And he willed that the master and wardens should of the profits of the premises pay to some learned man for a sermon in the parish church of St. Michael, Cornhill, on the feast day of St. Luke 6s. 8d., and to every person of the livery present thereat 4d.; that the master and wardens should yearly provide 12 men's gowns, and 12 women's gowns, 12 men's shirts and 12 women's smocks, 12 pairs of shoes for men and 12 for women, and distribute the same on the feast of St. Luke among 12 poor men and 12 poor women present at the sermon, nominated by the master and wardens, six men and six women to be free of the Company, and six men and six women to be of the parish of St. Michael, Cornhill, and that the master and wardens should have yearly for their pains 3s. 4d. each, that the clerk and headles should have 3s. 4d. each, and that the rest of the fines and yearly profits should remain towards the necessary reparations of the premises and towards the charges, affairs, and relief of the Company of Clothworkers, according to the good discretion of the master, wardens, and assistants of the Company for the time being.

On 17th March 1832 an information (afterwards amended by an order of 21st July 1832) was filed by the Attorney-General at the relation of J. S. Hall and Effingham Wilson v. the Clothworkers' Company praying, amongst other things, that an account might be taken as to the moneys to be applied in loans under the will, and that any lost money should be made good out of the estate.

The Company by their answer of 14th June 1832 stated that they had not for 20 years made any loans, and also admitted that they declined to make any further loans and said that inasmuch as the testator had given the rest of the fines, after raising the 200l., to the defendants "towards the charges, affairs, and relief of the Company according to the discretion of the defendants," the defendants in exercise of such discretion carried over the same to the general fund of the Company, disposable for charitable purposes, and have thereout expended and still expend large sums in the relief of poor freemen of the Company, and keep up and augment divers useful charities connected with the Company.

By an order dated 17th July 1833 it was ordered that the Company should carry to the credit of an account to be opened in the books of the Company under the head of John Lute's Charity 200l. bequeathed by his will, and also 100l., the amount of 10 years' interest on the 200l., making together 300l.; and it was ordered that one moiety of the 100l. be added by the Company to the loans to five young men, free of the Company, and the other moiety to the loans of 10 householders, freemen of the Company, so that for the future the loans of 20l. each to the young men, free of the Company, should be increased to 30l. each, and the loans of 10l. each to 10 honest householders should be increased to 15l. each. And it was ordered that the accounts of the application of the 300l. should be kept distinct from the other accounts of the Company. And it was ordered that the costs of the relators and the Attorney-General should be paid by the Company from their corporate funds.

By a scheme of the Charity Commissioners for "the Clothworkers' Loan Charities" (now in progress), after reciting that by an order of the Court of Chancery, dated the 31st July 1840, and made in the matter of the Clothworkers' Company, it was ordered that the sum of 2,143l. 0s. 8d., being the amount of certain charitable donations (300l. of which money arose from John Lute's Charity), should, after deducting certain costs, be lent and advanced according to a report of the master, dated 21st July 1840; and that it was apprehended that besides 301l. 15s. 2d., part of the Loan Funds, other parts of such funds amounting to 1,000l. would be irrecoverable, and that the Company, with a view to the advancement of education, had offered to make up out of their corporate funds the apprehended deficiency, so as to complete the full sum of 2,018l. 9s. 6d. (being the sum of 2,143l. 0s 8d. in their hands at the date of the order, less the costs of obtaining the same), as the sum applicable to the advancement of education; it was declared that it was desirable to apply for the advancement of education the several Loan Funds subject to certain payments and that the sums applicable to the poor of the Clothworkers' Company (amounting to 11l. 2s., none of which is derived from John Lute's Charity) should be administered in accordance with such scheme.

Schedule of Real and Personal Property.

Observations on the Property.

No. 1.—These five houses were purchased with money derived out of the sale by the Company of the premises in the parish of St. Lawrence, Old Jewry, devised by the will.

No. 2.—These two houses now represent the four messuages, with the shops, &c., in the parish of St. Dionis, Backchurch.

No. 3.—This house represents the messuage, with the shops, &c., called the Lute and Maidenhead, in the parish of St. Michael, Cornhill.

The disposition in John Lute's will, which gives "the rest of the fines and yearly profits not only towards the reparations of the premises, but also towards the charges, affairs, and relief of the Company according to the good discretion of the master and wardens and assistants of the Company for the time being," distinguishes this case from the Wax Chandlers v. the Attorney-General (House of Lords) English and Irish Appeals, vol. VI., p. 1.

The case, however, of the Corporation of Southmolton v. the Attorney-General, 6 House of Lords cases, p. 1, is in favour of the surplus or residue going to the Clothworkers' Company. That case lays it down that it is a question to be determined by the particular words of each will whether a gift of "surplus" or "residue" means "surplus" or "residue" or a mere proportional share of a particular fund and that where after the gift of a fund charged with certain payments the words were " and the overplus which the estates produce more than all these disbursements do amount to (which I do find and compute to be about 60l.) shall go one half to the Mayor of Southmolton towards the expenses of mayoralty and the other half to mending certain highways" such surplus or residue went to the corporation.

1. As to the Loan Branch of this charity, that is in process of being dealt with under a scheme of the Charity Commissioners, which was approved of by them in July 1877 and subsequently submitted to the Committee of Council on Education. For a copy of this scheme see Appendix A. hereto.

2. As to the remaining branch of the charity it is said that the early account books of the Company show that the cost of providing the clothing, as directed by the will of John Lute, was annually

The rents increased and the annual expenditure upon this branch of the charity also increased, until in 1876 it reached the following amount:—

In 1875 a great coat of the value of 38s. 6d. was exceptionally given to the men and a waterproof cloak of the value of 18s. 6d. to the women in addition to the regular suits of clothing.

In 1875 the money donation was increased to a sovereign and the allowance for making up the clothes merged therein.

In Appendices B. and C. will be found schedules setting forth in detail the above payments.

On the 24th July 1877 the Trust Committee of the Company resolved that the clerk be authorised to furnish Mr. Inspector Skirrow with any evidence or information he may require on the subject of his inquiry and that the court be requested to sanction a liberal settlement of the claim of Lute's Charity.

On the 1st August 1877 this resolution was approved of by the court of the Company.

Under these circumstances I recommend that the sum of 4,458l. 6s. 8d. Consols, which will produce an annual dividend of 133l. 15s., the present amount of the annual expenditure upon this branch of the charity, be accepted in satisfaction of all claims the charity may have against the Company in respect of John Lute's Charity. Mr. Roberts, the clerk of the Company, who alone attended the inquiry, expressed an opinion that the court might entertain this proposal favourably, but only on the condition of the Company being released from all further claims or liability either in law or equity under the will of John Lute; but that if any question was to be raised as to the construction of the residuary clause in the will, the court would prefer the matter being referred at once to the Attorney-General for final determination in a court of law.

Mr. Roberts also added that a scheme had been framed for the future administration of this and Middlemore's Charities under the management of the Company (to be found in Appendix D.) which was approved of by a resolution of the Company, dated the 24th July 1877; but that inasmuch as the fourth paragraph of such scheme had been framed upon the assumption that the "technical" liability of the Company in respect of John Lute's Charity would be assessed at 1,500l. only, the substitution of so much larger a sum, viz:—4,458l. 6s. 8d. consols, in lieu of such 1,500l., would render some modification of such paragraph necessary.

The Company now await a communication from the Charity Commissioners upon the matters coutained in this report which I submit, &c.

10th August 1877.

W. Skirrow.

APPENDIX A.

CHARITY COMMISSION.

In the matter of the master, wardens, and commonalty of freemen of the art or mystery of clothworkers of the city of London; and

In the matter of the donations of Augustin Hynde, Thomas Ormston, John Mackell, Dame Elizabeth Lyon, Sir Thomas Rowe, Lady Hinde, John Halse, William Armer, John Haydon, William Lambe, Peter Shales, John Lute, Alexander Iverie, John Southall, William Blount, John Burnell, James Stoddard, Samuel Lese, James Burkin, Richard Farrington, Sir William Stone, Ralph Harmer, Roger Wilcockes, and Katherine Hylson; and

In the matter of the Endowed Schools Acts, 1869, 1873, and 1874.

Scheme for the Application of the above-named Donations.

Recital of Order in Chancery

Whereas by an Order of the High Court of Chancery, dated the 31st July 1840, and made in the matter of the Clothworkers' Company (being the above-named master wardens, and commonalty), and of the Act of Parliament 52 George III. cap. 101, it was ordered that the sum of 2,143l. 0s. 8d. therein mentioned (being the amount of the above-named donations in the hands of the said Company) should, after deducting therefrom the costs of obtaining the said Order, be lent, advanced, and disposed of as by the report of the master in the said matter was approved and certified, that is to say, that the said sum, subject to the payment of the costs aforesaid, should be divided into two several funds to be called respectively "the Loan Fund bearing interest," and "the Loan Fund not bearing interest," and that the management of the said funds should be vested in the Clothworkers' Company, and be lent or advanced, by way of loan, to freemen or members of the said Company, in such sums and on such terms as was therein provided concerning the said funds respectively, and that the interest of the said Loan Fund bearing interest should from time to time be duly apportioned and divided between the several donations given by the above-named John Burnell, John Haydon, Katherine Hylson, Alexander Iverie, Samuel Lese, James Stoddard, and Roger Wilcockes respectively, in proportion to the amount of such donations respectively, or of what had been received in respect thereof, and such interest and the respective apportionments thereof should be applied by the said Company as far as the same would extend for or towards the charitable purposes respectively declared of and concerning such interest in and by the respective wills or instruments relating thereto.

Recital of application of funds under Order.

And whereas the costs of obtaining the said Order amounted to the sum of 124l. 17s. 2d., which was duly paid out of the said sum of 2,143l. 0s. 8d, whereby the same was reduced to the sum of 2,018l. 9s. 6d., which said sum in pursuance of the said Order was divided into two several funds, and the sum of 800l. part thereof was appropriated to the Loan Fund bearing interest, and the sum of 1,218l. 9s. 6d. to the Loan Fund not bearing interest.

Recital of loss of funds.

And whereas from time to time, since the date of the said Order, sums, amounting in all to the sum of 301l. 15s. 2d., parts of the Loan Fund not bearing interest, have been lost and become irrecoverable owing to the default of borrowers and their sureties, whereby the said Loan Fund not bearing interest has become reduced to the sum of 916l. 14s. 4d.

Recital of provisions as to application of interest.

And whereas under the said Order and certain of the wills and instruments therein referred to sums forming part of the annual interest of the Loan Fund bearing interest are applicable in manner following, that is to say:—

Recital as to apprehended further losses.

And whereas it is apprehended that, besides the said sum of 301l. 15s. 2d., other parts of the said Loan Funds, or one or other of them, amounting in all to the sum 1,000l., or thereabouts, may in fact, on being called in, prove to be irrecoverable, owing to the default of borrowers and their sureties, but the nominal sums standing to the credit of the said Loan Funds respectively in the books of the Clothworkers' Company are as follows, that is to say:

Recital of desire of Clothworkers' Company to apply funds to education.

And whereas the Clothworkers' Company are desirous that the said Loan Funds, or so much of the same respectively as is now recoverable, but subject to the payment of the said several annual sums payable to the Mercers' Company and to the poor of the said parishes of St. Michael, Crooked Lane, Great Stanmore, St. Martin, Ironmonger lane, and St. Olave, Jewry, amounting in all to the said sum of 12l. 11s. 4d. (herein-after called the external charges), and also that the said sums hitherto applicable to doles payable out of interest of the Loan Fund bearing interest to the poor of the Clothworkers' Company, amounting in all to the annual sum of 11l. 2s. 0d., should be applied for the advancement of education in manner herein-after appearing.

Recital of proposed gift by Clothworkers' Company.

And whereas the Clothworkers' Company, with a view to the further advancement of education, have offered to make up out of their corporate funds all the actual and apprehended deficiency of the said Loan Fund respectively, so as to complete the full sum of 2,018l. 9s. 6d. (being the said sum of 2,143l. 0s. 8d. in the hands of the Clothworkers' Company at the date of the said Order, less the costs of obtaining the same), as the sum to be made applicable to the advancement of education as aforesaid:

Declaration under Endowed Schools Act. 1869, § 30.

Now it is hereby declared by the Charity Commissioners for England and Wales, with the consent of the Clothworkers' Company, that it is desirable to apply for the advancement of education the said several Loan Funds, subject to the payment of the external charges, and also the said sums hitherto applicable to doles payable out of interest of the Loan Fund bearing interest to the poor of the Clothworkers' Company.

Future administration.

And the said Loan Funds (subject as aforesaid), and also the said said sums applicable to doles to poor of the Clothworkers' Company, shall henceforth be administered in accordance with the following provisions of this Scheme:

Payment to North London Schools for Girls on certain terms.

1. As soon as conveniently may be, the Clothworkers' Company shall pay to the governing body of the trust for carrying on the North London Collegiate and Camden Schools for Girls the said full sum of 2,018l. 9s. 6d. (including therein the said several Loan Funds, or so much thereof as may now be recoverable), to be held by the said governing body in trust to apply the same in the erection of school buildings in accordance with the provisions of the subsisting scheme for the management of the said trust, and in addition to the moneys by the said scheme authorised to be applied in like manner: Provided that such buildings shall comprise a principal hall, to be called the Clothworkers' Hall, for the assembly of the girls attending the collegiate school of the said trust, and for other purposes of the said trust: Provided also, that the said governing body shall in every year if required so to do by the Clothworkers' Company during such year or within reasonable time afterwards, pay to the said Company the said sum of 12l. 11s. 4d. in respect of the external charges: Provided lastly, that the said governing body in the mangement of the said trust, shall comply with the provisions of this scheme, so far as the said trust may be affected thereby.

Provision for external charges.

2. From and after the date of this scheme the Clothworkers' Company shall pay and distribute the external charges as heretofore, by means of the said annual sum of 12l. 11s. 4d., or otherwise as they think fit.

Regard to freemen and and members of Clothworkers' Company.

3. Daughters of poor freemen or members of the Clothworkers' Company recommended as meritorious to the said governing body by the master, wardens, and court of assistants of the said Company, by writing under the hand of the master, or the hands of any two of the wardens, shall, on being found fit in accordance with the provisions of the scheme for the management of the said trust and on payment of the entrance and tuition fees payable by candidates for admission for the time being, be admitted to the schools of the said trust in preference to other candidates for admission; provided, that whenever ten scholars having had the benefit of such preference are attending the schools, no further such recommendation as aforesaid shall be made by the said master and wardens until at least one of such scholars shall have ceased to attend the schools.

Charity Commissioners to make new Schemes.

4. The Charity Commissioners may from time to time, in the exercise of their ordinary jurisdiction, frame schemes for the alteration of any portions of this scheme, provided that such schemes be not inconsistent with anything contained in the Endowed Schools Acts, 1869, 1873, and 1874.

Loan Funds to be governed exclusively by this scheme.

5. From and after the date of this scheme the said Loan Funds and premises shall for every purpose, except as herein provided, be administered and governed wholly and exclusively in accordance with the provisions of the same scheme, notwithstanding any former or other scheme, Act of Parliament, charter or letters patent, statute, or instrument relating to the same premises.

Scheme to be printed and sold.

6. The Clothworkers' Company shall cause this scheme to be printed, and a copy to be given to every master and warden of the Company, and to every chairman of the said trust for carrying on the North London Collegiate and Camden Schools for Girls upon their respective appointments, and copies may be sold at a reasonable price to all persons applying for the same.

Date of scheme.

7. The date of this scheme shall be the day on which Her Majesty by Order in Council declares Her approbation of it.

Charity Commission,
July 1877.

At a meeting of the Board held this day, at which there were present Commissioners, of whom one was the Chief Commissioner, this scheme was approved and directed to be submitted to the Committee of Council on Education.

Secretary.

APPENDIX B.

Lute's Clothing Trust.

APPENDIX C.

Lute's Charity.—Particulars of Clothing Contract.

Mem.—In 1875 a great coat of the value of 38s. 6d. was exce ptionally given to the men, and a waterproof cloak of the value of 18s. 6d. to the women, in addition to the regular suits of clothing. —O. R.

APPENDIX D.

TRUSTS AND GENERAL SUPERINTENDENCE COMMITTEE, 24 July 1877.

Middlemore's and Lute's Charities.

Resolved that the clerk be directed and authorised to furnish Mr. Inspector Skirrow with any evidence or information he may require on the subject of his inquiry, and that the Court be requested to sanction a liberal settlement of the claims of Lute's Charity.

"Received and adopted" by the Court of 1st August 1877.

The Committee proceeding further to consider the new scheme to be propounded to the Charity Commissioners in the matter of Middlemore's and Lute's Clothing Trusts in pursuance of the reference of court to that effect, beg leave to submit the following heads of new scheme accordingly, and recommend the same for adoption by the court, viz.:—

In the matter of John Lute's Charity Trust founded by will dated 12th May 1585;

In the matter of Samuel Middlemore's Charity Trust founded by will dated the 22nd October 1628; and In the matter of John Middlemore's Charity Trust founded by will dated the 22nd June 1647.

Draft Scheme for the Management of the above Charities.

1. The income of Middlemore's and Lute's Charity Trusts shall be received by the Clothworkers' Company of the city of London, and shall be applied by them in manner herein-after provided, that is to say:—

2. The dividends arising from 1,500l. Consols standing in the name of the Official Trustees of Charitable Funds in trust for Samuel and John Middlemore's Charities, or the produce thereof invested in land by and with the authority of the Charity Commissioners, shall be spent and applied in providing clothing and fulfilling the several other directions of the will of Samuel Middlemore dated 22nd October 1628, so far as the endowment admits thereof, and with power for the Company to vary the several antique articles of apparel specified in the said will of Samuel Middlemore, in favour of other and modernised articles of apparel, and provided that the whole of the produce of the charity endowment, less 5l. reserved for John Middlemore's Charity, be spent in and about the charitable and other trusts declared in the said will of Samuel Middlemore.

3. The sum of 5l. arising from the said sum of 1,500l. Consols shall be applied in paying 5s. apiece to the 20 recipients of Samuel Middlemore's Charity, pursuant to the will of John Middlemore, citizen and clothworker, dated 22nd June 1647.

4. The dividends arising from l. Consols standing in the name of "the Official Trustees of Charitable Funds" in trust for John Lute's Charity shall be spent and applied in providing clothing for 12 poor men and women, and fulfilling the several other directions of the will of John Lute, citizen and clothworker, dated 12th May 1585, concerning the said poor men and women and their attendance at church, and the sermon to be preached on the feast of St. Luke annually so far as the endowment admits thereof, and with power for the Company to vary the several antique articles of apparel specified in the said will of John Lute, in favour of other and modernised articles of apparel, provided that the whole of the produce of the charity endowment be spent in and about the charitable and other trusts declared in the said will of John Lute.

5. The charities of Samuel and John Middlemore shall be distributed on the feast of St. Luke annually or within seven days thereafter, at the same time as John Lute's Charity in the church of St. Michael, Cornhill and St. Clement, Eastcheap, in alternate years, but without prejudice to the claims of the beneficiaries entitled to the several annual payments indicated in the wills of Samuel Middlemore and John Lute respectively, so that one sermon only shall be preached on the occasion of the distribution of Middlemore's and Lute's Charities annually.

6. The Clothworkers' Company shall have power and discretion in nominating the recipients of Middlemore's and Lute's Clothing Charities, to substitute such other poor aged men and women dwelling near or within the city of London or within the limits of the Metropolitan Parliamentary boroughs or postal area, elsewhere than within the parish of St. Clement near Eastcheap, or St. Michael upon Cornhill, preference being observed in favour of such deserving aged men and women as may have been resident or employed for a period of seven years and upwards within the limits of either of the said parishes and likewise to nominate and substitute any decayed or poor aged men and women who may have been resident or employed within the limits of the Metropolitan Parliamentary boroughs or postal area for a period of seven years and upwards at the discretion of the master, wardens, and court of assistants irrespective of the qualification of their being necessarily freemen or freewomen of the said Clothworkers' Company.

7. The Clothworkers' Company shall have power and discretion to substitute a money distribution in lieu of the gifts of clothing or other apparel or coals mentioned in the will of Samuel Middlemore and John Lute, provided that the total produce of the charity endowments in each case be made applicable to the relief of the charity recipients, exclusive of the several sums payable to the several officials concerned in the administration of the charity under the said will.

8. The charities of Samuel and John Middlemore and John Lute shall hereafter be distributed together on one anniversary day, and not on two separate anniversaries as heretofore.

Resolved further, that Middlemore's and Lute's Charity recipients be summoned to attend St. Michael's, Cornhill, on St. Luke's day next ensuing (1877) and that the rector and churchwardens of St. Clement's, Eastcheap, be advised of the change.

Received and adopted by the Court of 1st August 1877.

Owen Roberts,
Clerk to the Company.

Footnotes