App. II. Scheme No. I. Amount and lished and paid by the trustees in conformity with the following provisions:(i.) Each pension shall be of such an amount, being at the rate of not less than 6s. and not more than 8s. per week, as the payment of trustees, having regard to the needs and circumstances of pensions. each pensioner, may from time to time determine. The pensions shall be payable by weekly or other instalments as the trustees think fit, but they may, in lieu of paying the whole amount of the pension to any pensioner in money, from time to time pay or apply the whole or any portion thereof for his or her benefit as they think fit. (ii.) Every application for appointment as a pensioner shall be Applications made to the trustees, or to their clerk, in writing, in such for appointform as the trustees shall prescribe. ment. (iii.) Poor men or women of good character, who have resided in QualificaSt. Margaret's parish or St. John's parish for not less than tions. five years next preceding the day on which the appointment is made, who have not during that period received poor law relief, and who from age, ill-health, accident, or infirmity, are unable to maintain themselves by their own exertions, shall be eligible for appointment: Provided that a preference shall be given to widows, and to those persons who, being otherwise qualified as aforesaid, have become reduced by misfortune from better circumstances. (iv.) No appointment of a pensioner shall be made by the trustees Notice of until a sufficient notice of the vacancy to be filled up, specify vacancy. ing the qualifications required from applicants (which may be in the form of notice annexed hereto), has been published in St. Margaret's parish and St. John's parish, by advertisement and otherwise, so as to give due publicity to the intended appointment; and every applicant must be prepared with sufficient testimonials and other evidence of his or her qualifications for appointment. (v.) Every appointment of a pensioner shall be made by the trustees Appointment at a special meeting, and shall be made as soon as possible of pensioners. after an interval of not less than one calendar month from the occurrence of the vacancy to be filled up. (vi.) The trustees shall provide and keep a book, in which shall be Register. entered the names, ages, and descriptions of all persons appointed to be pensioners, together with the dates of their respective appointments, and the date and occasion of every vacancy; and they shall likewise keep a register of all applications for appointment. (vii.) If any pensioner is guilty of insobriety, insubordination, Removal of breach of regulations, or immoral or unbecoming conduct, or pensioners. receives poor law relief, or becomes disqualified in the opinion of the trustees from retaining his or her appointment, or, if in any case it appears that a pensioner has been appointed without having the requisite qualifications, the trustees, upon proof thereof to their satisfaction, may remove the pensioner, and may proceed to appoint another pensioner in his or her place; or, in any case of such misconduct as aforesaid, the trustees may suspend the payment of the pension to the pensioners, either wholly or in part, during such time as they think fit. (viii.) Each pension shall be granted for a term of three years in Pensions for three years. App. II. Scheme No. I. Surplus for aid in sickness, &c. Subscriptions to institutions. Variation of payments. Appropriation of benefits. Employment or tenancy of trustees. Charities not in aid of rates, &c. the first instance, but may be prolonged by the trustees from time to time for a further period of not more than three years at each prolongation. (D.) Any income of the consolidated charity not applied in any year under the foregoing provisions, shall be applied in augmentation of the annual sum of 1007. by sub-section (A.) of this clause directed to be applied for the benefit of persons suffering from sickness, accident, or infirmity. No subscription or donation shall be given by the trustees under the provisions of this clause to any institution, club, or society, except upon such terms as shall enable them to secure the benefits thereof to the objects of the charity. GENERAL PROVISIONS. 46. Except as regards Joyce Goddard's Prison Charity, and the periodical payments mentioned in clause 44 hereof, the amounts and conditions of the several payments and allowances which are prescribed by this scheme may, with the sanction of the Commissioners, be from time to time varied by the trustees. 47. The appropriation of the benefits of the charities shall be made by the trustees from time to time, in the exercise of their discretion, at meetings of their body, and not separately by any individual trustee or trustees. The trustees shall be bound, in appropriating the benefits of the charities, to have regard to the wants of the poor of every part of St. Margaret's parish, and St. John's parish, and to satisfy themselves in each case that the beneficiaries are, in respect of poverty character, deserving of help. and 48. No trustee acting as clerk or in any other capacity for or on behalf of the charities, shall receive any salary or remuneration from the funds of the charities. No trustee shall, for his own benefit, or for the benefit of any other person, either directly or indirectly, hold or occupy any land of the charities, or any interest therein, or be engaged in the supply of work or goods at the cost of the charities. 49. No part of the income or of the endowments of the charities to be applied shall in any case be applied directly or indirectly in aid of any rates for the relief of the poor or other purposes in St. Margaret's parish or St. John's parish, and, except as regards the pensioners appointed under the provisions of this scheme, no individual or institution shall be entitled as of right to a periodical or recurrent benefit out of the Scheme to be printed. Parishioners, income of the charities. to 50. The trustees shall cause this scheme to be printed and a copy be given to every trustee and officer upon his appointment, and copies may be sold at a reasonable rate to all persons applying for the same. 51. Every parishioner and other person interested in the charities &c. may take shall be at liberty to take copies of this scheme, or any part thereof, upon making application for that purpose to the trustees, or their clerk, at such reasonable times and subject to such reasonable conditions as may be fixed and prescribed by them. copies of scheme. Questions of proceedings 52. Any question affecting the regularity or the validity of any proceedings under this scheme shall be determined conclusively by the under scheme. Commissioners, upon such application made to them for the purpose as they think sufficient (a). Construction of scheme. 53. If any doubt or question shall arise amongst the trustees as to the construction or application of any of the provisions of this scheme, or the administration and management of the charities, they may apply (a) See note (a) on next page. to the Commissioners 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 (a). FORM OF NOTICE. In the Matter of the Consolidated Charity of the Parishes of 18 the The trustees of this charity give notice that they will on day of proceed to appoint a pensioner to fill a vacancy in the number of pensioners of the charity. The appointment will be made at o'clock on that day, at Poor men or women of good character who are and have for not less than tive years been resident in St. Margaret's or St. John's parish, who have not during that period received poor law relief, and who, from age, ill-health, accident, or infirmity are unable to maintain themselves by their own exertions, are eligible for the appointment, widows and those persons who have become reduced by misfortune from better circumstances, being entitled to a preference. The appointment will be for not more than three years, but may be renewed. Application for appointment must be made in writing to the trustees or their clerk at fourteen days at least previously to the appointment. Every applicant must state his or her name, address, age, and occupation, and must be prepared with sufficient testimonials and other evidence of his or her qualification for the appointment. App. II. Scheme No. I. SCHEDULE OF ENDOWMENTS. 31st May, 1889. SCHEME No. II. Scheme for the Management of Charities in the Parish of Buckland, in the County of Surrey (b). charities. 1. From and after the date hereof, the above-mentioned charities Administraand their respective endowments (the particulars of which are set out tion of in the schedule hereto) shall be consolidated and shall be administered and managed by the body of trustees, hereinafter constituted, subject to and in conformity with the provisions of this scheme, under the title of "The Buckland Parochial Charity." 2. Any land, or any term or estate in land holden in trust for the Vesting real charity, not being copyhold, and not already so vested, shall be and estate. the same is hereby vested in the official trustee of charity lands and his successors in trust for the charity. 3. All stocks, shares, funds, and securities belonging to or held in Transfer of trust for the charity shall be forthwith transferred, under the autho- personal rity of a further order of the Charity Commissioners, into the name of estate to "The Official Trustees of Charitable Funds," in trust for the charity, and trustees. all sums of cash belonging to or held in trust for the charity, and not required for the current expenditure thereof, shall be forthwith in (a) This clause and clause 52 confer quasi-visitatorial powers on the Charity Commissioners: ante, pp. 76, 77; and see Re Hodgson's School, 3 App. Cas. 857, stated ante, p. 616. (b) The trusts of these charities were for the benefit of the poor generally. official App. II. vested, under the like authority, in government stocks or securities, in Scheme No. II. the name of the said official trustees, in trust for the charity. Trustees. Declaration by trustees. Ex-officio trustees. Representa tive trustee. Notification of appointments to com missioners. Term of office. Determina tion of trusteeship. Vacancies. Quorum. Special meetings. Notice of meetings. TRUSTEES. 4. The trustees shall consist of five competent persons, namely, three ex-officio trustees and two representative trustees. 5. No person shall be entitled to act as a trustee under this scheme, whether upon his first or any subsequent appointment, until he shall have signed a declaration in the minute book of the trustees to the effect that he accepts the office of trustee, and is willing to act in the trusts of this scheme. 6. The ex-officio trustees shall be The Rector and Churchwardens for the time being of the parish 7. Representative trustees shall be appointed by the vestry of the 8. Every appointment of a trustee shall be forthwith notified by or under the direction of the trustees with all proper information to the said Commissioners at their office in London. 9. Every representative trustee shall be appointed to office for a term of five years reckoned from the date of his appointment. Any representative trustee who fails to attend any meeting of the trustees during a consecutive period of two years shall thereupon cease to be a trustee. 10. Any trustee who is adjudicated a bankrupt, or who refuses or is unfit or is incapacitated to act, or who communicates in writing to the trustees his wish to resign, shall thereupon cease to be a trustee. 11. Upon the occurrence of a vacancy the trustees shall, at their next ensuing meeting, cause a note thereof to be entered in their minute book. They shall further, in the case of a vacancy in the office of representative trustee, cause notice thereof to be given as soon as conveniently may be to the vestry of the parish of Buckland, or the clerk, if any, or other officer of such body. Any trustee may be reappointed. MEETINGS AND PROCEEDINGS OF TRUSTEES. 12. There shall be a quorum when three trustees are present at any meeting. Pending any vacancy, the trustees for the time being, not being less in number than a quorum, may act for all purposes the administration of the charity. 13. Any two trustees may at any time summon a special meeting for any cause that seems to them sufficient. 14. Notice in writing of every meeting, whether general, special, or adjourned, shall be delivered or sent through the post to each trustee by the clerk or secretary, or by some other person acting under the direction of the trustees, or, in the case of a special meeting, by or under the direction of the person or persons summoning the meeting, seven clear days at least before the date of the meeting, so far as, in the case of an adjourned meeting, the interval between the original and adjourned meetings will permit. Every notice of meeting shall state the place, day, and hour of the meeting, and every notice of a special meeting shall further state the matters to be discussed thereat. 15. The rector of the parish of Buckland, if he be an acting trustee, shall be chairman of every meeting of the trustees at which he may be present. App. II. Scheme No. II. Chairman. 16. Every matter shall be determined by the majority of the trustees Voting. present and voting on the question. The acting chairman shall have a casting vote, whether or not he shall have previously voted on the same question, but no trustee shall in any other circumstances give more than one vote. OFFICERS AND GENERAL MANAGEMENT. 17. The trustees may appoint one of their body or some other fit Officers. person to be their clerk or secretary, and any other necessary or proper officers or agents for their assistance in the administration and management of the charity, and may pay to their clerk or secretary and to their other officers and agents, not being trustees, such annual salaries or other remuneration as may from time to time be approved by the said Commissioners. 18. A minute book and books of account shall be provided and kept Minutes and by the trustees. All proper accounts in relation to the charity shall in accounts. each year be made out and certified, and copies thereof transmitted to the said Commissioners, and published, in compliance with the provisions of the Charitable Trusts Acts. 19. Within the limits prescribed by this scheme the trustees shall General have full power from time to time to make regulations for the conduct power to make regulaof their business and for the management of the charity, and such regulations shall be binding on all persons affected thereby. MANAGEMENT OF REAL PROPERTY. tions. Extension 20. All lands belonging to the charity which are subject to the Allotments provisions of the fourth section of the Allotments Extension Act, 1882, shall be let and otherwise managed by the trustees in conformity with the provisions of that Act. If and so far as any land belonging to the charity is not subject to the provisions of the said fourth section, the trustees may set apart and let any portions of such land in allotments in the manner prescribed by and subject to the provisions of the said Act (a). 21. Subject as aforesaid, all the property of the charity not Management required to be retained or occupied for the purposes thereof, shall be and letting of let and otherwise managed by the trustees. In every case public property. notice of the intention to let any land or other property shall be given by the trustees in the parish of Buckland, and also in the parish or parishes in which such land or property shall be situate, in such manner as they shall consider most effectual for giving full publicity to such intention. The trustees shall not create any tenancy in reversion, or for more than seven years certain, or for less than the improved annual value at rackrent, without the sanction of the said Commissioners or a competent Court. 22. The trustees shall provide that on the grant by them of any Leases. lease, the lessee shall execute a counterpart thereof, and every lease shall contain covenants on the part of the lessee for the payment of rent, and the proper cultivation of the land, and all other usual and proper covenants applicable to the property comprised therein, and a proviso for re-entry on non-payment of the rent or non-performance of the covenants. (a) See sect. 14 of the Allotments Extension Act, 1882, ante, p. 695. |