of the said county of Rutland, to be a co-trustee with the vicar for the time being, in the place of the said [justice] or of any other person appointed a trustee under this scheme; and that such writing shall be deposited in the chest of the said parish; but in case it shall happen that there shall be no such nomination and appointment in writing of a trustee as aforesaid, then when the said [justice] or any other trustee appointed under this scheme, shall die or decline to act or become incapable of acting in the trusts of the said charity, a new trustee shall be appointed by the vicar and proprietors of land situate within the said parish of Ketton assembled in vestry, provided such new trustee be a respectable justice of the peace of the county of Rutland. That the trustees for the time being shall from time to time appoint a proper person or persons to be the mistress or mistresses of the said school, with such salary or salaries as by the said trustees shall be deemed proper. That the said trustees for the time being shall appoint poor female children, born in the said parish of Ketton, to be taught by such mistress or mistresses, so that they may acquire useful knowledge, and habits of industry, and imbibe moral and religious principles, as directed by the will of the said testatrix. That the said vicar of Ketton for the time being shall be treasurer of the said charity; that the said vicar as such treasurer as aforesaid, for the time being, shall keep a regular account of his receipts and expenditure in respect of the said charity, and that he shall pay such salary or salaries at such times and in such manner as the said trustees for the time being shall direct; that such account shall be made up and signed by the said trustees once in every year, and deposited in the parish chest; that the said trustees shall visit the said school and inquire into the conduct of the mistress or mistresses, and into the progress of the children. That the said trustees shall either hire a building or room where the said children may be taught, or make an allowance for the rent to the mistress or mistresses, as they shall see fit. That the said trustees in their discretion shall be at liberty to lay out and expend a small portion of the said interest and dividends in the purchase of school books, and other useful articles, for the purposes of the said school, it being intended that the whole income shall be yearly expended in or about such school. That in order that the existence of the said charity may be always known in the said parish, the trustees for the time being shall cause a board or slab to be put up in the most public part of the parish church, containing a short account of the charity, and an explanation of its object; and that such inscribed account shall be always kept clean, and the board or slab containing the same in good repair, so that all persons frequenting the said parish church

may be enabled to read the said account, and be made acquainted with the intent thereof. That in case the trustees for the time being shall, in the execution of the trust reposed in them, at any time or times differ in opinion, the matter or matters in respect of which they shall so differ shall be referred to the proprietors of land situate in the said parish of Ketton assembled in vestry, whose decision in the matter or matters so referred shall be conclusive (i).

SCHEME for the application of several Bequests given to a Company to be advanced as Loans without Interest to Men free of such Company.

1. mentioned in

1st. That so much of the said sum of the said decree, and with which the defendants stand charged, as shall remain after payment of the costs of this suit, be set apart as a fund, to be called "The Loan Fund;" and that the management of the said fund, and all matters incidental thereto, be vested in the court of assistants of the said company for the time being.

2nd. That the said fund be lent or advanced as or by way of loans to poor freemen of the said company, in sums of 1007. and upwards, but not exceeding 3007., for five years, without interest, upon bond, with two or three good securities for every sum, to be approved of by the said court of assistants.

3rd. That each applicant for such loans shall at the respective times of the same being made, give a bond with two or three sureties as may be required, whereby they shall become jointly and severally bound to the said company in a penalty of double the amount of the sum borrowed, conditioned for the repayment of the said principal sum within three calendar months from the lending thereof; but the calling in of the said loan is not to be made, nor the bond put in force until the expiration of five years from the date thereof, unless it shall be manifest to the said company, upon good grounds, that any of the obligors or sureties are not responsible, or are unable to satisfy the same, in which case it shall be lawful for the said company to call in the money, and in case of nonpayment, to put the said bond in force, unless the borrower can procure another surety or other sureties of substance, as the case may require and the company shall judge necessary; and in the event of the borrower becoming insolvent, or in distressed circumstances, or in the opinion of the said court of assistants unable to discharge the

(i) Attorney General v. Noel, Rep. dated 28th May, 1827. Reg. lib. A. 1826, fol. 1321.

said loan, that then it shall be lawful for the said company immediately thenceforth to put the said bond in force against the said borrower and his sureties, or such of them as the said company shall think fit.

4th. That on the death of any borrower before the said five years shall expire, the said company shall call in the money; and in case of nonpayment, put the bond in force against his representatives and sureties, and all persons liable thereon.

5th. That the respective borrowers shall bear and pay all proper and necessary charges and expenses of and attending. the making and executing the bonds and all other matters. relative thereto.

6th. That a book shall be provided and kept by the clerk of the said company, in which shall be entered the names and residences of the respective borrowers and their sureties, their profession or business, the sums lent, the times of making the loans and when payable, and any other particulars which may be thought material or necessary.

7th. That at the expiration of each and every year of making the said loans, or within 21 days afterwards, the respective borrowers do attend at the common hall of the said company, in order to give in an exact account of the state and circumstances of themselves and of their sureties.

8th. That from and immediately after any of the monies called in shall be received, notice shall be posted up in the common hall of the said company, and advertised in two or more of the London daily newspapers of the greatest circulation, that such monies are ready to be advanced on loans to freemen of the said company.

9th. That such part of the said fund as is now in hand shall be immediately in like manner posted up and advertised as ready to be advanced on loans to freemen of the said company.

10th. That all expenses incidental to the carrying this scheme into effect (except such as shall be properly charged to the said borrowers) shall be borne and paid out of the said trust fund.

11th. That the articles of this scheme shall be printed and put up in the hall of the said company.

12th. That the said book shall be open to the inspection of all or any of the members of the said company at all seasonable times without expense (k).

(k) Attorney General v. Haberdashers' Company, 23 Dec. 1834;

absolutely confirmed, 16 Feb. 1835. Reg. lib. A. 1834, fol. 239.

SCHEME for the Distribution of a Charity given for the better Relief of the aged and needy Poor People of a Parish, to be distributed at Christmas and Easter, as the Vicar, Churchwardens and Vestrymen should think fit.

1st. That the annual sum of 751. the present rental of the said premises, or the clear yearly rent from time to time, after deducting all incidental expenses, shall immediately the same or any part thereof is received, be carried to an account in the book to be kept as hereinafter mentioned, and entered under the head, and described as belonging and applicable to the charity of [donor], which said rent shall be divided and distributed by the vicar and churchwardens of the said parish in manner hereinafter next mentioned.

of

2nd. That the said vicar and churchwardens of the said parish shall, on the 25th day of December, and on Easter Monday, in each and every year, or within fourteen days thereof, pay and distribute the said yearly rents to and for the relief of such of the aged and needy poor people of and belonging to the said parish of ——, London, as they in their discretion shall think the most deserving, having regard to the said will of the said testator (such poor people so selected not to be in the receipt of parochial relief or assistance) in such sums and proportions as they the said vicar and churchwardens shall think proper.

3rd. That notice of such distribution or application of the said charity monies shall be publicly given in the said parish church of — by the parish clerk thereof at least for one Sunday preceding the said days or times.

4th. That an account of the receipts and payments of the monies derived and received from the said charity property by the said vicar and churchwardens, and how and in what manner the same has or have been applied and paid in the preceding year shall be annually printed.

5th. That a book shall be kept in the vestry clerk's office in the church porch of the said parish of wherein shall be entered this scheme or proposal when finally settled by the master and approved by the court, which shall at all times during office hours be accessible to the parishioners of the said parish wishing to see the same (7),

(1) Attorney General v. Natt, Rep. dated 15 Nov. 1834. Reg. lib. A. 1834, fol. 98.

SCHEME for the Application Cy-pres of Funds which had originally been given for the Redemption of Slaves (k).

1st. That the funds shall be transferred and paid by the accountant general of this honourable court to the present trustees, and continue vested in them; but be placed under the management of themselves and three other trustees, of whom one shall be nominated by his majesty's principal secretary of state for the colonial department, and the other two shall in the first instance be approved of by this honourable court.

2nd. That in case any of the six trustees, exclusive of the nominee of the colonial secretary, shall depart this life or go to reside out of the kingdom of Great Britain, or desire to be discharged, the surviving or continuing trustees shall elect a successor; and the said J. G. during his life, and after his decease the nominee of the colonial secretary, shall have the casting vote in every such election.

3rd. That so much of the capital and dividends of the said bank annuities as the said trustees shall think fit, shall be applied in purchasing ground in the British colonies, and erecting thereon school-houses for the education of such apprentices as aforesaid (1) and their issue; and also normal schools for the purpose of preparing and qualifying teachers for the education of such apprentices and their issue.

4th. That the dividends of the bank annuities not applied for the preceding purpose, and such further portion of the capital of the said bank annuities as the trustees shall think fit, together with the rents and profits of the said estates, be

(k) By will dated 1st July, 1670, the moiety of a sum of 2,000l. was bequeathed to redeem poor slaves. By a decree of the Court of Chancery, dated 15th Nov. 1831, the master was directed to approve a scheme for the application of a large sum of reduced bank annuities, as well as the dividends thereof, and the rents of certain estates which had been purchased according to the donor's will; and "if the said master should find that the same could not be executed according to the said will, then as near the intent of the said will as it could be, regard being had to existing circumstances and to the present amount

of the funds and the rents and profits of the estate."

(1) In consequence of the stat. 3 & 4 Will. IV. c. 73, for the abolition of slavery in the British colonies, the trustees proposed to apply the funds towards the education of the apprentices in the British colonies, lately emancipated from slavery under that act, and their issue; and it appeared by a statement of the colonial secretary, that the plans of government for the education of such apprentices and their issue were nearly matured, and that it was proposed by the trustees that the charity funds should be applied for a similar purpose.