GENERAL PROVISIONS.

26. The amounts and conditions of the several payments and allowances which are prescribed by this scheme may be varied from time to time by the trustees, with the sanction of the Commissioners.

App. II. Scheme No. III.

Variation of

27. The appropriation of the benefits of the charity shall be made payments. Appropriaby the trustees from time to time, in the exercise of their discretion, at tion of meetings of their body, and not separately by any individual trustee or benefits. trustees. The trustees shall be bound, in appropriating the benefits of the charity, to have regard to the wants of the poor of every part of Canterbury, and to satisfy themselves in each case that the beneficiaries are, in respect of poverty and character, deserving of help.

trustees.

28. No trustee acting as clerk or in any other capacity in respect of Employment the charity, shall receive any salary or remuneration from the funds of or tenancy of the charity. 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 charity, or any interest therein, or be engaged in the supply of work or goods at the cost of the charity.

Charity not to be applied in

29. No part of the income or of the endowments of the charity shall in any case be applied directly or indirectly in aid of any rates for the aid of rates, relief of the poor or other purposes in the City of Canterbury.

&c.

scheme.

30. A copy of this scheme shall be kept with the books of account Citizens, &c. and other documents belonging to the charity, and every citizen and may take other person interested in the charity shall be at liberty to take copies copies of of the 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. 31. Any question affecting the regularity or the validity of any pro- Questions of ceedings under this scheme shall be determined conclusively by the proceedings Commissioners, upon such application made to them for the purpose, as they think sufficient (a).

under scheme.

32. If any doubt or question shall arise amongst the trustees as to Construction the construction or application of any of the provisions of this scheme, of scheme. or the administration and management of the charity, they may apply 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).

33. This scheme shall come into operation on the day on which it is Date of approved and established by an order of the Commissioners.

SCHEDULE OF PROPERTY.

FORM OF NOTICE. No. 1.

In the Matter of Maynard and Cotton's Hospital, in the City of
Canterbury, in the County of Kent.

The trustees of this charity give notice that they will on

day of

proceed to let the under-mentioned

the
being part of the property of the charity, as from the

of

day

Applications from persons desirous to become tenants of this property must be made in writing to the trustees or their clerk at on or before the

Description.

day of

scheme.

(a) These clauses confer quasi-visitatorial powers on the Charity Commissioners. See ante, pp. 76, 77; and see Re Hodgson's School, & App. Cas. 857, stated ante, p. 616.

App. II.
Scheme
No. III.

FORM OF NOTICE. No. 2.

In the Matter of Maynard and Cotton's Hospital, in the City of
Canterbury.

Notice is hereby given that [the trustees of this charity] [the mayor
of Canterbury], will on
the day of
18—, pro-
ceed to elect a [brother] [sister] to fill a vacancy in the number of
[brothers] [sisters] of the charity. The election will take place at
o'clock on that day, at
Poor [men] [women] of good
character who have been resident in Canterbury for seven years at
least, who shall not during that period have 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, those persons who have become reduced by misfortune
from better circumstances being entitled to a preference.

Application for the appointment must be made in writing to the [trustees or their clerk] [mayor] fourteen days at least previously to the election. 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.

(Wesleyan Methodist Chapel and Minister's House.)

Scheme for the Management of the Wesleyan Methodist Chapel and
Minister's House at Brompton in Kent.

So far as regards the ends and purposes of the trusts, the aforesaid chapel and minister's house and the appurtenances shall continue to be held upon and for the subsisting trusts thereof; and so far as regards the administration and management of the said charity, the said chapel and minister's house and the appurtenances shall henceforth be held and administered by the trustees thereof upon such and the same trusts, and to and for such and the same ends and purposes, and with, under, and subject to such and the same powers, provisoes, declarations, and agreements (so far as the same shall be applicable and capable of taking effect), as are expressed, declared, and contained in and by a certain indenture of release, bearing date the 3rd day of July, 1832, and made between John Sutcliffe and fourteen others of the first part, the Reverend George Marsden of the second part, and James Brown of the third part, and enrolled in the High Court of Chancery on the 25th day of July, 1832, being the trust deed for the settlement of the Wesleyan Methodist Chapel at Skircoat, in the parish of Halifax, and county of York, and usually known or distinguished as "The Wesleyan Chapel Model Deed" (a).

SCHEME No. V.

(Endowed Schools Acts-Grammar School.)

Scheme for the Management of the Foundation known as the Grammar School, in the Parish of Hitchin, in the County of Hertford, and the Endowments thereof.

of foundation.

1. The foundation and endowments above mentioned or referred to Future adshall henceforth be one foundation, and shall be administered under ministration this scheme, under the name of Hitchin Grammar School Foundation, hereinafter called the foundation.

2. Subject as herein provided, the foundation shall be administered Governing by a governing body, hereinafter called the governors, consisting of body. fifteen competent persons, duly qualified to discharge the duties of the office, ten to be called representative governors, and five to be called cooptative governors. Of the coöptative governors three always shall

be women.

3. The representative governors shall be appointed by the following Representaelecting bodies respectively in the following proportions; that is to tive go

say

One by the council of Trinity College in the University of Cambridge;

Two by the governors of Rand's Foundation at Holwell, in the county of Bedford;

Five by the trustees of the charities in Hitchin, referred to in an order made under the Charitable Trusts Acts, 1853 to 1869, and dated the 19th day of June, 1877; and

for five years from the date of this scheme,

Two to be appointed by the donors or subscribers of land or money of the value of not less than 27. in each case, and of not less than 3,000l. in all, given or paid within three calendar months from the date of this scheme, so as to become part of the foundation, or in place of such two governors if there are not such donors or subscribers so entitled to appoint as aforesaid, and in any case after such five years;

Two to be appointed by the parents of the day scholars in the schools of the foundation.

Each appointment by an electing body shall be made at a meeting thereof convened and held as nearly as may be in accordance with the ordinary rules or practice, if any, of such body, or in case of need or doubt in accordance with rules to be made or approved by the Charity Commissioners for England and Wales. The representative governors shall, subject as herein provided, be appointed to office each for the term of five years, reckoned from the date of the appointment. The first representative governors shall be appointed as soon as conveniently may be after the date of this scheme. The chairman or other presiding officer of each meeting at which the appointment of any representative governors or governor shall be made shall forthwith cause the names or name of the persons or person so appointed to be notified in the case of a first appointment to the governor whose name then stands first on the list of coöptative governors, and in other cases to the chairman of the governors or their clerk, if any, or other agent. Subject as aforesaid, any appointment of a representative governor not made as aforesaid within six calendar months from the date of this scheme,

vernors.

App. II. Scheme No. V. Coöptative governors.

Vacancies.

Religious opinions of governors.

Declaration

or of the notice hereinafter prescribed of a vacancy, as the case may
be, shall for that turn be made by the then existing governors.

4. The first cooptative governors shall be:
[The names and addresses are inserted here.]

The future cooptative governors shall be appointed in each case by the
general body of governors at a special meeting, by a resolution to be
forthwith notified by them with all proper information to the Charity
Commissioners for England and Wales, at their office in London; but
no such appointment shall be valid until it has been approved by such
commissioners, and their approval certified under their official seal.
The cooptative governors shall be appointed to office each for the term
of eight years, reckoned in the case of a future coöptative governor
from the date of the approval of his or her appointment.

5. Any governor who shall become bankrupt or incapacitated to act,
or shall notify in writing to the governors his or her wish to resign, or
shall for the space of two consecutive years omit to attend any meeting,
shall thereupon vacate the office of governor; and the governors shall
cause an entry to be made in their minute book of every vacancy caused
as aforesaid, or by the death or the expiration of the term of office of
any governor; and as soon as conveniently may be after any vacancy
a new governor shall be appointed by the body entitled as aforesaid to
make such appointment. Any governor may be re-appointed. Notice
of every vacancy of the office of representative governor shall be given
as soon as conveniently may be, by or under the direction of the
governors, to the proper electing body or the clerk, if any, or other
agent of such body.

6. 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 (a). 7. Every governor shall, at or before the first meeting which he or by governors. she attends upon his or her first or any subsequent entry into office, sign a memorandum declaring acceptance of the office of governor, and willingness to act in the trusts of this scheme, and until after signing such a memorandum shall not be entitled to act as a governor.

First meeting.

Meetings.

Special meetings.

8. Within one calendar month from the time at which, under the provisions herein contained, the administration of the foundation passes to the governors, a meeting shall be held upon the summons of the governor whose name then stands first on the list of coöptative governors upon some day to be fixed by him. At this meeting the governors shall elect one of their number to be chairman of the meeting, and shall make arrangements for the conduct of business.

9. The governors shall hold their meetings in some convenient place in Hitchin or elsewhere, and shall hold at least two ordinary meetings in each year. Notice in writing of each ordinary meeting shall be delivered or sent by post to each governor by the clerk, if any, or by some other person acting under the direction of the governors at least seven days before such meeting.

10. The chairman or any two governors may at any time summon a special meeting for any cause that seems to him or them sufficient. All special meetings shall be convened by or under the direction of the person or persons summoning the meeting by notice in writing delivered or sent by post to each governor specifying the object of the meeting. And it shall be the duty of the clerk, if any, to give such notice when required by the chairman or by any two governors.

(a) The insertion of this clause is rendered compulsory (except in certain cases) by sect. 17 of the End. Schools Act, 1869, ante.

App. II.
Scheme
No. V.

11. The governors shall, at their first ordinary meeting in each year, elect one of their number to be chairman of their meetings for such year. They shall make regulations for supplying his place in case of his death, resignation, or absence. The chairman shall always be re- Chairman. eligible.

12. There shall be a quorum when five governors are present at a Quorum and meeting. Every question at a meeting, except as herein provided, voting. shall be determined by the majority of the governors present and voting on the question, and in case of equality of votes the chairman shall have a second or casting vote. Any resolution of the governors may be rescinded or varied at a special meeting, held after not less than seven days' notice.

13. If at the time appointed for a meeting a sufficient number of Adjournment governors to form a quorum are not present, or if at any meeting the of meetings. business is not completed, the governors present may adjourn the meeting to a day and time, of which, if the meeting is adjourned for more than two days, notice shall forthwith be delivered or sent by post to each governor.

14. A minute book shall be provided and kept by the governors, and Minutes. minutes of the entry into office of every new governor, and of all proceedings of the governors, shall be entered in such minute book.

15. The governors shall make out and render to the Charity Com- Accounts. missioners such accounts as shall be required by such Commissioners, and shall also, on rendering accounts for any year to such Commissioners, exhibit for public inspection in some convenient place in Hitchin copies of the accounts so rendered for such year, giving due public notice where and when the same may be seen, and shall at all reasonable times allow the accounts so rendered for any year or years to be inspected, and copies thereof or extracts therefrom to be made, by all persons applying for the purpose.

16. The governors may from time to time make such arrangements as Business they may find most fitting for the custody of all deeds and other documents arrangements. belonging to the foundation, for deposit of money, for the drawing of cheques, and for the appointment of a clerk, or of any necessary agents for their assistance in the conduct of the business of the foundation, at such reasonable salaries or scale of remuneration as shall be approved by the Charity Commissioners, but no governor acting as such clerk or agent shall be entitled to any salary or remuneration.

17. From and after the date of this scheme all lands, hereditaments, Vesting proand estates and interests in lands and hereditaments belonging to the perty. foundation, and not being copyhold, shall vest in the official trustee of charity lands and his successors in trust for the foundation: And all stock in the public funds and other securities belonging to the foundation shall be transferred to the Official Trustees of Charitable Funds in trust for the foundation.

18. The property of the foundation not occupied for the purposes Management thereof shall be let or otherwise managed by the governors, or by their and letting of agents acting under their orders, according to the general law applic- property. able to the management of property by trustees of charitable foundations. All payments for repairs, rates, taxes, and insurance of or in respect of any such property occupied for the purposes of the foundation shall, so far as not otherwise provided for, be made out of the income of the foundation.

19. Any money arising from the sale of timber, or from any mines Timber and or minerals on the estates of the foundation, shall be treated as capital, minerals. and shall be invested in the name of the Official Trustees of Charitable