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

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the steps in the cause, proceeds as follows : —

*' And it appearing by the will of J. Barker that pro-
vision was thereby made for exhibitions for scholars going
to the University of Cambridge only, and the counsel for
all parties consenting, it was ordered that the order con-
firming the report be discharged, and that the scheme
approved of by the Master for the apportionment of the
income of Barker's Charity be amended by striking out the
words ' Oxford or,' and that the scheme approved of by
the Master for the management of the said Kirkham School
be amended by striking out of the 40th rule the words
. * Oxford or,' and that the said report when so amended be
confirmed, and it was declared that the several schemes
approved of by the said Master for the application of the
charity estates, and the management of Kirkham School
aforesaid, subject to the alterations therein-before directed,
were fit and proper schemes for those purposes, and it was
ordered that the same, with such alterations and amend-
ments, be established and carried into execution."

The clause of the scheme which affects this charity is the
eleventh, and is set forth in the printed scheme appended
to this report. By that clause the payments to the three
masters are directed to be made in conformity with the
scheme of 1673, and those payments are made a part of
the settled and larger salaries appropriated to the several
masters by the saia scheme.

The 69/. 10*. is remitted by the Company half yearly to
the Rev. Jno. Burrough, the head master of the Kirkham
School, to whom notice was sent of the present inquiry.*



Future ad-
ministration
of founda-
tion.



OoTeming
body.



Bepresenta-
tive gover-
nors.



*Colbornb's Charities.

4th February 18/9 and 31st July 1880.— Her Majesty
by Orders in Council of these dates declared Her appro-
bation of the two following Schemes affecting the above
charities: —

Scheme for the Administration of the above-mentioned
Foundations and Endowments other than those
the Trusts whereof are declared respectively by an
Indenture dated the Idth day of May 1848, and
two Indentures dated the 10th day of December
1855.

1. The foundations and endowments dealt with by this
scheme shall henceforth be administered as one foundation,
in accordance with the provisions of this scheme, by the
governing body herein-after constituted, under the name
of Colborne and Threlfall's Endowed School, herein-after
called the foundation.

2. The governing body of the foundation, herein-after
called the governors, shall, when completely formed and
full, consist of eleven persons, of whom eight shall be called
representative governors, and three shall oe called coopta-
tive ffoyemors.

3. The representative governors shall be competent
persons duly qualified to discharge the duties of the office,
and' shall be appointed by the following electing bodies
respectively in the following proportions and for the fol-
lowing terms of office, that is to say —

Four for the term of six years by the twenty-four

vestrymen of the chapebry of Goosnargh ;
Two for the term of five years by the ratepayers of the

township of Goosnargh with Newsham ; and
Two for tne like term by the ratepayers of the town-
ship of Whittingham.
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, held, and conducted as
nearly as may be in conformity with the ordinary rules or
practice of such body or failing such rules or practice then
in conformity with regulations to be made or auproved by
the Charity Commissioners for England and Wales, llie
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 the first such appointment to the governor
whose name then stands first on the list of cooptative
governors, and in the case of every subsequent appointment
to the chairman of the governors or their clerk, if any, or
other acting officer. Any appointment of a representative
governor not made as aforesaid within six calendar months
from the date of this scheme, or of the notice herein-after
prescribed of the occurrence of a vacancy, as the case may
DC, shall for that turn be made by the then existing gover-
nors.

The proper expenses, if any, attending the appointment
of every representative governor, unless otherwise provided
for, shall, on the particuhirs thereof being submitted to and
allowed by the Charity Commissioners, be paid by the gover-
nors out of the income of the foundation.

4. The first coo}»tative governors shall be the following Coftptatin
persons, that is to say : — tormm.

The Reverend William Shilleto, Vicar of Goosnargh;

Charles Roger Jacson, of Barton Hall, Esquire, J.P. ;
and

William Philip Park, of Altadore, Land Surveyor ;
and their appointment shall take effect from the date of
this scheme.

The future cooptative governors shall be competent
persons duly qualified to discharge the duties of the office,
and shall be appointed in every case by the general body of
governors at a special meeting, by a resolution to be forth-
with notified by them, with all proper information, to the
Charity Commissioners, at their office in London ; but no
such appointment shall be valid until it has been approved
by the said Commissioners, and their approval certified
under theur official seal. The said first and all future
cooptative governors shall be appointed to office for the
term of seven years, and as to all future such governors
the term of appointment shall be reckoned from the date of
the approval.

5. Any governor who during his term of office shall Vaomcie*.
become oankrupt or incapacitated to act, or express in
writing his wisn to resign, or omit for the raace of two
consecutive years to attend any meeting, shall thereupon
forthwith vacate the office of governor ; and the governors

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
governor; and as soon as conveniently may be after the
occurrence of any ^^acancy a new representative or coop-
tative governor, as the case may be, shall be appointed by
the body entitled as aforesaid to make such appointment.
Any governor may be re-appointed. Notice of the occur-



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MR. AABe's report. — DRAPERS* COMPANY.



137



Sir Allan Cotton's Charitv.

Sir Allan Cotton, by his will of the 25th July 1627, be-
queathed to the Company 300/., to be lent to three young
men at 41, per cent., and distributed —



To the poor of the Company
To the poor of St. Martin Orgar
To the poor of Whitchurch, Salop



£
4
4
4



The 3001 forms part of the 3,811/. lOs. 6d. mentioned



in the report on Clonne's Charity. The 4L a year is paid
to the churchwardens of St. Martin Orgar, and 41. to the
churchwardens of Whitchurch. The 4/. to the poor of the
Company forms part of the pensions to the poor on the
roll mentioned in Kendrick's Charity.

Roger Cotton's Charity.

Roger [Cotton, by his will of the 26th June 1602, be-
queathed to the Company 100/., to be lent to two young.



Reliffioui
opinions of
governors.



Declaration
by gover-
iioraon
entry into
office.



Meetings of
goTeniora.



Prelimioaiy
meeting.



Chairmao.



Quorum
aitd TOting.



Special
meetings.



Minutes.



Vesting
|at>per^.



HjuMce-

n>4itand-
Jetting of
♦^st a t e s.



Timlwrand
miuenls.



rence 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 acting officer of
such body.

6. Religious opinions, or attendance or non-attendance
at any pi^cular form of religious worship » shall not in
any way affect the qualification of any person for being a
governor under this scheme.

7. Every governor shall, at or before the first meeting
which he attends upon his first or any subsequent entry
into office, sign a memorandum declaring his acceptance
of the office of governor, and his willingness to act in the
trusts of this scheme. And until he has si^ed such a
memorandum he shall not be entitled to discharge the
functions of a governor.

8. The governors shall hold meetings in some convenient
place in Goosnargh, or elsewhere, as often as may be found
necessary or desirable, and at least twice in each year, on
and at convenient days and times to be appointed by
themselves, and to be notified to each governor by the
derk, if any, or by some other person acting under the
direction of the governors, at least seven days previously
to every meeting.

9. A preliminary meeting for the arrangement of the
conduct of the business shall be held upon the siunmons
of the governor whose name then stanas first on the list
of cooptative governors upon some day to be fixed by him,
being within one calendar month after the time at which,
imder the provisions herein contained, the administration
of the foundation shall have passed to the governors in
place of the present governing body.

10. The governors shall, at the said preliminary meeting,
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-eligible.

11. A quorum shall be constituted when four governors
are present at a meeting. All matters and questions shall
be determined by the majority of the governors present at
a dulv constituted meeting; and in case of equality of
votes the chairman shall have a second or casting vote.

12. 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 sum-
moning 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
governors having a right to summon such meeting.

13. A minute book and proper books of account shall
be provided by the governors, and kept in some convenient
and secure place of deposit to be provided or appointed by
them for that purpose, and minutes of the entry into
office of every new governor, and of all proceedings of the
governors, shall be entered in such minute book.

14. From and after the date of this scheme all lands and
hereditaments, not being copyhold, belonging to the foun-
dation, and all terms, estates, and interests therein, shall
be vested 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, and not hereby required or directed to be
otherwise applied or disposed of, shall be transferred to the
Official Trustees of Cnaritable Funds in trust for the
foundation.

15. All the estates and property of the foundation not
required to be retained or occupied for the purposes thereof
shall be let or otherwise managed by the governors or by
their officers acting under their orders, according to the
general law applicable to the management of property by
trustees of chantable foundations.

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

A 14546.



the direction of the Charity Commissioners, except in any
special cases in which the governors may be authorised by
such Commissioners to deal otherwise with such money
or any part thereof.

17. >So soon as the full number of governors shall have
been completed according to the provisions of this scheme,
or upon the expiration of the firist three calendar months
after the date of this scheme if the full number of governors
shall not then have been completed, the administration of
the foundation shall pass to the said governors in place of
the present governing body, and such governing body shall
thereupon so far as relates to the subject matter of this
scheme become ipso facto removed and discharged from
their office, and shall cause all deeds, minute and account
books, and other papers and documents belonging or
relating to the foundation, and all cash balances and
personal effects belonging thereto, and not herein required
to be transferred to the Official Trustees of Charitable
Funds, to be delivered or transferred unto the said
governors or as they shall direct. In the meantime the
foundation shall continue to be administered and managed
so far as may be necessary by the present governing body,
as nearly as mav be in conformity with the provisions of
this scheme. Ine aforesaid time of three calendar months
may be extended, if necessanr, by an order of the Charity
Commissioners, made upon tne application of any one or
more of the present governing body, or of the governors,
if any.

18. After the administration of the foundation has passed
to the governors as aforesaid, the governors for the time
being, if a quorum is constituted,' shall have power to act
for idl the purposes of this scheme, although the governing
body as herein-before constituted is not ftdl,

19. So far as may be practicable and convenient each
school of the foundation may be carried on as heretofore
until the end of any school term current at the date of
this scheme, or until such other time as may, with the
approval of the Charity Commissioners, be fixed by the
body for the time being hanng the administration of the
school under this scheme.

20. The present principal teacher of each school of the
foundation shall, at or before the time allowed under the
last foregoing clause, declare to the governors, in writing,
whether or not he or she is willing to take and hold the
office of principal teacher of the same school under this
scheme, and if he or she shall declare himself or herself
to be so willing he or she shall retain the office without
further appointanent, subject in all respects to the provi-
sions of this scheme ; but, if he or she shall fail to make
such declaration within the time so limited as aforesaid,
or shall declaim that he or she is not so willing, the
governors may forthwith remove him or her from the said
office.

21. The governors shall take all re(}uisite measures for
bringing the provisions of this scheme into active operation
for the regulation of the schools as soon as practicaole, and
they shaU have power to make all suitable and proper
arrangements for that purpose.

Thb Schools and their Management.

22. The schools of the foundation shall be a school for
boys and a school for girls, and shall be maintained in or
near the township of Goosnargh with Newsham, in the

S resent school buildings or in any other suitable buildings
ere^Pter to be provided for the purpose by the governors,
and each school shall be conducted as a public elementary
school under section 7 of the Elementary Education Act,
1870.

23. No person shall be disqualified for being a master in
either school by reason only of his not being, or not intend-
ing to be, in Holy Orders.

24. The governors shall appoint, pay, and at their plea-
sure dismiss all teachers in each school, and subject to any
regulations of the Education Department in force for the
time being, shall have power to regulate and prescribe from
time to time their respective qualifications.

25. All scholars in each school shall pay such tuition
fees, suitable in an elementary school, as the governors
shcdl fix from time to time,

S



Transflarof
administn*
tion of foun-
dation to
governors.



Governor
m&yact •
although
body not
fUll.



Temporaiy
school
arrange-
ments.



Provision
to present
masters.



Provisions
as to schools
to be
brought
into opera-
tioh as soon
OS prac-
ticable.



Schools of
the founda-
tion.



Masters not
to be re-
quired to be
inHoly
Orders.
Teachers.



Payments
for tuition.



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138



OITT OF LONDON LIVERY COMPANIES COMMISSION:



men, free of the Company, at 6/. per cent., half to the
parish of St. Clement, Eastcheap, and the other half to the
parson and churchwardens of the parish of Whitchurch,
Salop, and to two of his nearest kinsmen, if there dwelling,
for the poor of the said parishes who should not live idly.



The 100/. forms part of the 3,81W. 10*. 6d. mentioned in
Clonne's Charity, and the 21 \0s, is paid to the respective
churchwardens of St. Clement and Whitchurch.



Religious
exemptions.



Instruction. 26. Religious instruction in accordance with the princi-
ples of the Christian faith shall be given in each school
under such regulations as shall be made from time to time
by the governors. No alteration in any such regulations
shall take elEect until the expiration of not less than one
year after notice of the making of the alteration shall have
been given by the governors in such manner as they shall
think best calctilated to bring the matter within the know-
ledge of persons interested in the schools. Subject to the
control of the governors instruction in the subjects required
by the regulations of the Education Department shall also
be given in each school according to the classification and
arrangements made by the principal teacher.

27. The parent or guardian of, or person liable to main-
tain or having the actual custody of, any day scholar in
either school may claim, by notice in writing addressed to
the principal teacher, the exemption of such scholar .from
attending prayer or religious worship, or from any 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 on a religi-
ous subject, be depnved of any advantage or emolument in
such school to which he or she would otherwise have been
entitled. If any teacher in the course of other lessons at
which any such scholar is in accordance with the ordinary
rules of the school present, shall teach systematically and per-
sistently any particular religious doctrme, from the teaching
of which any exemption has been claimed, as in this clause
before provided, the governors shall, on complaint made in
writing to them by the parent, guardian, or person liable
to maintain or having the actual custody of such scholar,
hear the complainant and inquire into the circumstances,
and if the complaint is judged to be reasonable, make all
proper provisions for remedying the matter complained of.

28. The governors shall not be precluded by any provi-
sion in this scheme firom conforming to any regulations
which the Education Department under the Elementary
Education Act, 1870, or under any authority, may impose
as the conditions of a grant of money, provided that such
regulations shall not be inconsistent with the provisions of
the Endowed Schools Acts, 1869, 1873, and 1874.

29. A yearly sum of not less than 20/. shall be applied
in the following ways, or one of them, that is to say : —

(a.) Providing one or more scholarships each of the
yearly value of not more than 51,, to be awarded
to boys or girls who have passed in one or both
of the two highest standards recognised by the
regulations of the Education Department, and
tenable at the schools by scholars pursuing the
study of higher subjects ;
{b.) Providing an exhibition or exhibitions each of the
yearly value of not more than 10/., tenable at
some place of higher education, to be awarded
under such regulations as the governors may
prescribe by competition among scholars who
have attended either of the schools for at least
three years.
In default of candidates who on examination prove
worthy to take such scholarships or exhibitions, so much
of the said sum of 20/. as is thereby left not disposed of
shall be invested in the name of the Official Trustee of
Charitable Funds in trust for the foundation in augmenta-
tion of its general endowment.

30. Every scholarship and exhibition established under
this scheme shall be given as the reward of merit, and
shall, within the limits aforesaid, be freely and openly
competed for, and shall be tenable only for the purposes of
education. If the holder shall, in tne judgment of the
governors, be guilty of serious misconduct or idleness, or
fail to maintain a reasonable standard of proficiency, or
wilfully cease to pursue his or her education, the governors
may at once determine the scholarship or exhibition, and
for this purpose, in the case of an exhibition held away
from the schools of this foundation, may act on the report
of the proper authorities of the school or place of education
at which the exhibition is held, or on such other evidence
as the governors think sufficient. For the purposes of this
clause the decision of the governors shall be final in every
case.

Gbnbral.

31. The governors may receive any additional donations
or endowments for the general purposes of the foundation.



Rearulations
of Educa-
tion Depart-
ment.



Scholar-
Rhi|>8 and
exhibitions.



Conditions
M to scho-
larships and
exhibitions.



They may also receive donations or endowments for any
special objects connected with the foundation, which shall
not be inconsistent with or calculated to impede the due
working of the provisions of this scheme. Any question
arising upon this last point shall be referred to the Charity
Commissioners for decision.

32. Within the limits prescribed by this scheme the
governors shall have full power from time to time to make
regulations for the conduct of their business and for the
management of the foundation, and such regulations shall
be binding on all persons afPected thereby.

33. Any question affecting the regularity or the validity
of any proceeding under this scheme shall be determined
conclusively by the Charity Commissioners upon such
application made to them for the purpose as they think
sufficient.

34. If any doubt or question arises among the governors
as to the proper construction or application of any of the
provisions of this scheme, the governors shall apply to the
Charity Commissioners for their opinion and advice thereon,
which opinion and advice when given shall be binding on
the governors and all persons claiming under the trust
who shall be affected by the question so decided.

35. From the date of this scheme all jurisdiction of the
ordinary relating to or arising from the licensing of any
master in either school shall be abolished.

36. 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 con-
tained in the Endowed Schools Acts, 1869, 1873, and 1874,

37. From and after the date of this scheme the founda-
tion shall for every purpose be administered and governed
wholly and exclusively m accordance with the provisions
of this scheme, notwithstanding any former or other scheme.
Act of Parliament, charter, or letters patent, statute, or
instrmnent relating to the subject-matter of this scheme.

38. The governors shall cause this scheme to be printed,
and a copy to be given to every governor and teacher,
upon their respective appointments, and copies may be sold
at a reasonable price to all persons applying for the same.

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



General
power of

Kovemowto
makercfu-



Further en-
dowments.



Scheme for. the Administration of the Foundations
and Endowments above-mentioned or referred to.

1. These foundations and endowments shall henceforth
be administered as one foundation in accordance with the
provisions of this scheme, by the governing body herein-
after constituted, under the name of the Kirkham Grammar



Online LibraryGreat Britain Great Britain. London livery companies commissionCity of London Livery Companies' Commission: Report and Appendix, Volume 4 → online text (page 37 of 169)