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City of London Livery Companies' Commission: Report and Appendix, Volume 4 online

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to the management of property by trustees of charitable
foundations. And the governors shall duly account to the
school governing body or managers herein-after mentioned

for the rents and proceeds tbereof, and shall pay over to
the said managers, or as such managers shall direct, the



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MR. HABB'S reports. — HABERDASHERS' COMPANY.



42.')



UeliKiom
ophuoDsno

OatUMU



Vesttnir
personal
property.



Timber and
minenUfl.



Acooonti*



Statement
of accounts*



Tmstifor
minister,
apprratioesy
»ul alms-
people, and
for poor of
Haber-
dashers*
Company.



Qoveming
body of
schools.



ExofBdo



RepreMD^
tative



income of such estates and properbr, after deducting all
proper charges for management and necessary outgoings,
and subject as provided in clause 9 of this scheme. And
in case of dispute as to such deductions or payments,
either party may refer the matter to the Chanty Com-
missioners for England and Wales, whose decision shall be
final. But any land or buildings occupied exclusively for
the purposes of either school of the foundation shall be
managed exclusively by the managers of such school, and
so far as belonging to the foundation shall be vested in the
official trustee of charity lands and his successors in trust
for such managers.

4. Religious opinions, or attendance or non-attendance
at any particular form of religious worship, shall not in
any way afPect the qualification of any person for being
one of any governing Dody under this scheme.

5. From and affcer the date of this scheme all stock in
the public funds and other securities belonging to the
foundation, and not herebv required or directed to be
otherwise applied or disposed of, shall be transferred to the
official trustees of charitable funds in trust for the managers.

6. Any money arising from the sale of timber or from
any mines or minerals on the estates of the foundation
shaU be treated as capital, and shall be invested in the
name of the official trustees of charitable funds, under
the direction of the Charity Commissioners, except in any
special cases in which such Conunissioners may allow such
money or any part thereof to be otherwise dealt with.

7. The accounts of the governors in respect of the
foundation shall be made up and balanced to the Slst day
of December in every year. The accounts shall l>e
examined by the governors, and signed by them and their
derk, if any, or other officer within 21 days after the day
to which they are made up. As soon as practicable after
the accounts are so signed they shall be audited in
accordance with regulations to be approved by the Charity
Commissioners.

8. The governors shall cause a statement showing their
receipts and expenditure to be printed in such form and
with such particulars as may be from time to time prescribed
by the Charity Commissioners, and shall send the same
witiiin 30 days after the audit to the managers and to the
managers of the girls' school, and to the Charity Commis-
sioners, and publish an abstract thereof in one or more
local newspapers.

9. The trusts of the foundation for the benefit respec-
tively of the minister, apprentices, and almspeople of the
foundation and of 20 poor people of the Haberdashers'
Company, shall be administered by the governors according
to the regulations in force relating to such minister,
apprentices, almspeople, and poor people respectively up to
the date of this scheme, except that the payment thereunder
to such minister shall henceforth be at tne rate of 100/. a
year, and that the payment thereunder to be divided
equally amongst such almspeople shall henceforth be at
the rate of 104/. a year.

Tub Schools.

10. Subject as herein provided the governing body of
the schools, herein-after called the managers, shall, when
completely formed and full, consist of 13 persons, of whom
two shall be called ex officio managers, and 11 shall be
called representative managers.

11. The ex officio managers shall consist of the master
and the senior warden respectively for the time being of
the Companj^ of Haberdashers of the City of Ix)ndon, if
they respectively shall be willing to accept the office of
manager.

12. The representative managers shall be competent
persons duly qualified to discharge the duties of the office,
and shaU be appointed by the following electing bodies
respectively in the following proportions, and for the
following terms of office, that is to say-
Five for the term of seven years by the court of assis-
tants of the said Company of Haberdashers, not less than
four of such five being resident within 10 miles from the
parish church of Newport aforesaid ;

Two for the term of six years by Her Majesty's justices
of the neace acting in ana for the petty sessional division
in which Newport aforesaid is situate ;

Two for the term of five years by the Newport, Salop,
local board; and

Two for the term of five years by the ratepayers of the
parish of Newport aforesaid, and of such part of the parish
of Chetwynd as lies within a mile from the parish crurch
of Newport aforesaid, which part of the parish of
Chetwynd is in this scheme referred to aa Chetwynd
End.

▲ 14546.



Such appointments shall be made as often as there may
be occasion by the body entitled to appoint, at a meeting
thereof which shall be convened, hela, and conducted as
nearly as may be in conformity with the ordinary rules or
practice of such body, or faiUng such rules or practice,
then in conformity with re^^ulations to be made or approved
by the Charity Commissioners for England and Wales.
The term 'shall be in each case reckoned from the date of
the appointment. The first representative managers shall
be appointed as soon as convemently may be after the date
of to IS scheme. The chairman or other presiding officer
of each meeting at which the appointment of any repre-
sentative managers or manager shall be made, shall forth-
with cause the names or name of the persons or person so
appointed to be notified, in the case of the nrst such
appointment to the governors, and in the case of every
subsequent appointment to the chairman of the managers
or their clerk, if any, or other acting officer. Any appoint-
ment of a representative manager not made as aforesaid
within six calendar months from the date of this scheme,
or of the notice herein-after prtecribed of the occurrence
of a vacancy, as the case may be, shall for that turn be
made by the then existing managers.

The proper expenses, if any, attending the appointment
of every representative manager, unless otherwise provided
for, shidl on the particulars thereof being submitted to and
allowed by the Charity Commissioners be paid by the
managers out of the income of the foundation.

13. Any representative manager who, during his term Vacthcies.
of office, shall become bankrupt or incapacitated to act, or
express in writing his wish to resign, or omit for the space

of one year to attend any meeting, or, in the case of any
representative manager appointed as being resident within
10 miles from the parish church of Newport aforesaid,
shall cease to be so resident, shall thereupon forthwith
vacate the office of manager; and the managers shall cause
an entry to be made in their minute book of every vacancy
occasioned by any of the said causes, or by the death or
the expiration of the term of office of any representative
manager; and as soon as conveniently may be after the
occurrence of an^ vacancy a new manager shall be appointed
by the body entitled as aforesaid to make such appoint-
ment. Any manager may be re-appointed. Notice of the
occurrence of every vacancy of the office of representative
manager shall be given, as soon as conveniently may be,
by or under the direction of the managers to the proper
electing body or the clerk, if any, or other acting officer
of such body.

14. Every, manager shall, at or before the first meeting Declaration
which he attends upon his first or any subsequent appoint- ^J^tra^
ment, sign a memorandum declaring nis acceptance of the mto o%e.
office of manager, and his willingness to act in the trusts

of this scheme. And until he has siened £uch a memo-
randum he shall not be entitled to discnarge the functions
of a manager.

15. The managers shall bold meetings in some pon- Meetings of
venient phice in Newport, or elsewhere, as often as may be ^•"'K®'^
found necessary or desirable, on and at convenient days

and times to be appointed by themselves, and to be notified
to each manager by the clerk, if any, or by some other
person adang under the direction of the managers, at least
seven days previously to every meeting. Such meetings
shall be held at least twice in each year, and one of them
in each year shall be on a stated day approved by the
governors.

16. A preliminary meeting for the arrangement of the Praliminary
conduct of the business shall be held at Newport upon the m««**n8-
summons of the governors upon some day to be nxed by

them being within one calendar month from the time at
which the ftiU number of managers shall have been com-
pleted, or from the expiration of the first three calendar
months after the date of this scheme, if the full number
of managers shall not then have been completed.

17- The managers shall, at the said preliminary meeting, Ohairman.
and afterwards at their first meeting in each year, elect one
of their number to be chairman of their meetings for the
current year, and they shall also make regulations for
supplying his place in case of his death, resignation, or
absence during his term of office. The chairman shall
always be re-eugible.

18. A quorum shaU be constituted when five managers
are present at a meeting. All matters and questions shall
be determined by the minority of the managers present at
a duly constituted meeting; and in case of equality of
votes the chairman shall have a second or casting vote.
Whenever any decision is carried bv the votes of less than
a mi^rity of the whole number of managers for the time
being any two managers may, within 15 days from the
day of the decision, require by a notice addressed to the

3H



Qnofixm
I voting.



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426



CITY OF LONDON LIVEBY COMPANIES COMMISSION



Special
meetings.



Adjourn-
ment of
meetings.



Minutes.



Acoountt.



Business
arrange-
ments.



Managers
maTact
although
body not
full.



Temporary
school
arrange-
ments.



Proyision
as to present
headmaster.



Provision
as to
another
master
and pension
to a former
master.



Saving of
interests of
scholars.



Provisions
as to
schools to
be brought



chairman of the meeting that the decision shall be once
reconsidered at a special meeting, to be held not later than
one calendar month next after such decision.

19. The chairman or any two managers 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 sum-
moning the meeting by notice in writing dehvered or sent
by post to each manager, 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
managers having a right to sunmion such meeting.

20. If a sufficient number of managers to form a quorum
are not present at any meeting, or if the business at any
meeting is not fully completed, those present majr adjourn
the meeting to a subsequent day and time, of which notice
shall be given in manner aforesaid to each manager.

2L A minute book and proper books of account shall be
provided by the managers, and kept in some convenient and
secure place of deposit to be provided or appointed by them
for that purpose, and minutes of the entrv into office of
evenr new manager, and of all proceedings or the managers,
shall be entered in such minute book.

22. The managers shall cause full accounts to be kept of
their receipts and expenditure in respect of the foundation ;
and such accounts shall be stated for each year, and
examined and passed annually by the managers at the first
meeting in the ensuing year, unless some other meeting
shall be appointed for the purpose with the approval of
the Charitv Commissioners, and every such account shall
be signed by the managers present at the meeting at which
it shall be passed.

The managers shall cause sufficient abstracts of their
accounts to l^ published annually for general information.
Such abstracts shall be in the form given in the schedule
hereto, unless some other form is prescribed by the Charity
Commissioners, in which case the form so prescribed shall
be followed.

23. The managers may from time to time make such
arrangements as they may find most fitting for the custody
of any deeds and other documents in their charge belonging
to the foundation, for deposit of money, for the drawing of
cheques, and also for the appointment of a clerk or of any
necessary agents or other proper officers 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 officer shall be entitled to any salary
or remuneration.

24. After the full number of managers shall have been
completed according to the provisions of this scheme, or
after the expiration of the first three calendar months after
the date of this scheme, if the full number of managers
shall not then have been completed, the managers for the
time being, if a quorum is constituted, may act for all the
purposes of this scheme, although their body, as herein-
before constituted, is not full.

25. So far as may be practicable and convenient, the
school may be carried on as heretofore until the end of the
school term, if any, which may be current at the date of
this scheme, or until such other time as may be approved by
the Charitv Commissioners, on proper application made to
them for the purpose.

26. The present head master shall, at or before the time so
allowed under the foregoing clause, declare to the managers
in writing, whether or not he is willing to take and hold
the office of head master of the bovs' school under this
scheme, and if he shall declare himself to be so willing he
shall retain the office without further appointment, sumect
in all respects to the provisions of this scheme; but, if he shall
fail to make such declaration within the time so allowed, or
shall declare that he is not so willing, the managers may
forthwith remove him from the said office.

27. Nothing in this scheme shall prejudice any interest
within the meaning of the 13th section of the Endowed
Schools Act, 1869, which at the passing of the Endowed
Schools Act, 1868, was vested in Mr. Richard Crowther as
English or third master of the school or in the Reverend
Charles Waring Saxton, D.D., formerly the master of the
school, in respect of his yearly pension of 95/.

28. Any payment, or exemption from payment, scholar-
ship, exhibition, or other benefit to which any boy who was
on the foundation cm the 1st day of January 1878 is legally
entitled thereunder shall be continued to him.

29. The managers shall take all re(]uisite measures for
bringing the provisions of this scheme into active operation
for the regulation of the schools to be established or main-



tained under this scheme as soon as practicable, and they into
shall have power to make all suitable and proper arrange- **on2jL
ments for that purpose. Sfi?^

30. A school for boys, and if and so soon as the funds -o^ ^

of the foundation will admit a school for girls, to be called SJiJu^
the Adams* Grammar Schools^ shall be established or main- '"^^^
tained under the foundation in or near Newport aforesaid,
llie boys' school shall be a day and boarding school under
a head master, and the girls' school shall be a day school
only under a head mistress.

31. The parent or guardian of, or person liable to maintan gpeca
or having tne actual custody of, any day scholar in either eunpUnos
school may claim, by notice in writing aldressed to the ^ ^
head master or head mistress, the exemption of such scholar SvSok
from attending prayer or religious worship, or from any •i^vonhipc
lesson or series of lessons on a religious subject, and such
scholar shall be exempted accordingly, and a scholar shall

not, by reason of any exemption from attending prayer or
religious worship, or from any lesson or series of lessons (m
a religious subject, be deprived of any advantage or emolu-
ment in either school to which he or she would otherwise
have been entitled. If the parent or guardian of, or person
liable to maintain or having the actual custody of, any
scholar who is about to attend the boys' scho3l, and who
but for this clause could only be admitted as a boarder,
desires the exemption of such scholar from attending ])rayer
or religious worship, or from any lesson or series of lessons
on a religious subject, but the persons in charge of the
boarding houses of such school are not willing to allow
such exemption, then it shall be the duty of the governing
body of such school to make provisions for enabling the
schohir to attend such school, and have such exemption as
a dav scholar, without being deprived of amy advantage or
emolument to which he would otherwise have, been entitled.
If any teacher, in the course of other lessons at which aor
scholar exempted under this clause is in accordance with
the ordinary rules of either school present, shall teach
systematically and persistently any particular religious
doctrine, from the teaching of which any exemption has
been claimed, as in this clause before provided, the governing
body of such school shall, on complaint made in writing to
them b^ the parent, guurdian, or person liable to maintain
or having the actual custody of such scholar, hear the
complaint, and inquire into the circumstances, and, if the
complaint is judged to be reasonable, make all proper
provisions for remedying the matter complained of.

32. Subject to the foregoing provision, religious in<
struction in accordance with the principles of the Christian
faith shall be given in each school under such regulations
as shall be made from time to time by the governing body
of such school. No alteration in any such regulation shall
take effect until the expiration of not leas than one year
after notice of the making of the alteration shall have been
given by the governing body of the school concerned in
such manner as they shall think best calculated to bring
the matter within the knowledge of persons interested in
such school.

33. No head or assistant master or teacher of either Tetctei
school shall be a member of a governing lK>dy under this JjJ^of
scheme. QCaiova

ii«bod7.
Thb Boys' School.

34. As soon as conveniently may be the managers, either
by altering or adding to the present school buildings, or by
acquiring or erecting other buildings upon some convenient
site, shall provide ror the bovs' school proper school build-
ings suitaole for not less than 100 day scholars and 50
boarders, and planned with a view to convenient exten-
sion, and may apply for the purpose a sufficient sum to be
provided or raised, if needful, oy the governors on the
application of the managers out of the capital endowment
or property of the foundation by sale or otherwise, but fbr
all the purposes of this clause the governors and the
managers shall act subject to the consent and approval of
the Charity Commissioners.

35. No person shall be disqualified for being a master in
the school by reason only of his not being, or not intending
to be, in Holy Orders.

36. lliere shall be a head master of the school. He shall
be a graduate of some university in the United Kingdom.
Every future head master shall be appointed by the
managers at some meeting to be called for that purpose, as
soon as conveniently may be after the occurrence of a
vacancy, or after notice of an intended vacancy. In order
to obtain the best candidates, the managers shall, for a
sufficient time before making any appointment, give public
notice of the vacancy and invite applicants for the office by
advertisements in newspapers, or oy such other methods as
they may judge best calculated to secure the object.



loatnclM.



Bojfi'MhDol
site and



Kaitm

iMXtobe
required to
be in Holy
Orden.

muter.

Appoint-

inent



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MB. HARFiS BBPORTS. — HABEBDASHBBb COMFANr.



427



Head

master's

olBoial

residence.



Ditmiaaal. 37. The managers may dismiss the head master without
assigning cause^ after six calendar months' written notice,
given to him in pursuance of a resolution passed at two
consecutive meetings held at an interval of at least 14 days,
and convened for that purpose, such resolution being
affirmed at each meeting by not less than two-thirds of the
managers present.

The managers, fbr what in their opinion is urgent cause,
may, by resolution passed at a special meeting convened for
that purpose, and affirmed by not less than two-thirds of
the whole number of managers for the time being, declare
that the head master ought to be dismissed ^m bis office
without the aforesaid notice, and in that case they may
appoint another special meeting to be held not less than a
week after the former one, and may then bv a similar
resolution, affirmed by as large a proportion of managers,
absolutely and finally dismiss him. And if the managers
assembled at the first of such meetings think fit at once to
suspend the head master from his office until the next
meeting, they may do so by resolution affirmed by as large
a proportion of managers. Full notice and opportunity of
defence at both meetings shall be given to the head
master.

^8^JJ^25 ^' Every future head master, previously to entering into
hy heUf^^^ office, shall be required to sign a declaration, to be entered
matter in the minute book of the managers, to the following

effect:—-

" I, , declare that I will always to

" the best of my ability discharge the duties of head master
*' of the bojrs' school of Adams' Granunar School Founda-
*' tion at Newport during my tenure of the office, and that
*' if I am removed by the managers, I will acquiesce in
** such removal, and will thereupon relinquish all claim to
*' the mastersliip and its future emoluments, and will
** deliver up to the managers, or as thev direct, possession
** of all the propurty of the school then m my possession or
** occupation."

39. The head master shall dwell in the residence assigned
for him. He shall have the occupation and use of such
residence and of any other property of the school of which
he becomes the occupant as such head master, in respect of
his official character and duties, and not as tenant, and
shall, if removed from his office, deliver up possession of
such residence and other property to the managers, or as
they direct. He shall not, except with the permission of
tiie governors, permit any person not being a member of
his ^mily to occupy such residence or any part thereof.

40. The head master shall give his personal attention
to the duties of the school, and during nis tenme of office
he shall not accept or hold any benefice having the cure of
souls, or any office or appointment which, in the opinion of
the managers, may interfere with the proper performance
of his duties as head master.

41. Neither the head master nor any assistant master
shall receive or demand from any boy in the school, or h-om
any person whomsoever on benalf of any such boy, any
gratmtj, fee, or payment, except such as are prescribed or
authorised by this scheme.

42. Within the limits fixed by this scheme, the managers
•hall prescribe the general subjects of instruction, the relative
prommence and value to be assigned to each group of
subjects, the arrangements respecting the school terms,
vacations, and holi&ys, and the payments of day scholars,
and the number and payments of boarders. Tbey shall take
general supervision of the sanitary condition of the school
buildings and arrangements. They shall determine what
number of assistant masters shall be employed. Tbey shall
every year assign the amount which they think proper to
be contributed out of the income of the foimdation for the
purpose of maintaining assistant masters and providing and
maintaining a proper school plant or apparatus, and other*
wise Anrthering the current objects and efficiency of the



Online LibraryGreat Britain Great Britain. London livery companies commissionCity of London Livery Companies' Commission: Report and Appendix, Volume 4 → online text (page 118 of 169)