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

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admitted that the property held by the said Company in
the Parish of Saint reter-le-Poor, did lie together, or
nearly so, and that (amongst other property) it did consist
of the Company's Hall and Gardens and some other
Tenements, and that no rent was paid for the said Hall
and Gardens, and that the said Hall and Gardens formed
part of the said trust property.

And whereas the said Attorney-General amended the said
information so filed against the said defendants, who put
in an answer thereto, and the cause came on to be heard on
tiie 3rd day of May 1843, befoi^ the Right Honourable the
Master of the Rolls, and a Decree was pronounced therein.

And whereas bv a Decree made by his said Lordship, on
the hearing of the said Information on the 29th day of



April 1845, his said Lordship did declare that the whole
of the funds, or sums of money, which came to the hands
of the defendants under and by virtue of the will of the
said Thomas Howell, the testator, were applicable to the
charitable purposes in the said will mentioned, and that
the whole of the said land and premises mentioned in the
indenture of the 31 st day of March 1543, and the Letters
Patent of the 4th day of July in the 35th year of King
Henry the Eighth, and which were held by the said
Company, were held by the said Company in trust for the
charitable purposes in the said will declared, and his Lord-
ship did order and decree that it should be referred to the
Master to whom the cause stood referred to take an-account
of what the property of the Charity then consisted, and
what was the then present income arising therefrom ; and
it was ordered that the said Master should take an account
of all sums received by the defendants, or by any other
person, or persons, bv their order or for their use, in
respect of the said lands and premises, and property, from
the 3rd day of May 1843. And it appearing that the
present Hall of or ocmipied, by the defendants, and the
buildings attached thereto, stood on the site of part of the
Charity Estate, and were rebuilt by the said defendants in
the year 1772. His Lordship did declare, that the
defendants, the Drapers' Comjjany, ought to be charged
with such a ground-rent for and in respect of the site of
the said hall and buildings, and for the gardens attached
thereto, as according to the value of the said site and
gardens in the year 1772 would have been reserved on a
building lease thereof, for a term of 99 years, if a building
lease thereof had been granted in the said year 1772 for
building the said hall and buildings, and laying out the
said gardens as the same respectively then were at the date
of the order now in recital, and that the said defendants
ought to be charged with and to pay such ground-rent, to
be so ascertained for the residue then to come of a term
of 99 yeais, to commence and be computed from the
said year 1772. And it was ordered that it should be
referred to the said Master to inquire and state to the
Court whether, under the circumstances of the case, it
would be fit and proper, and for the benefit of the said
Charity, that instead of charging the defendants, the
Drapers' Company, with a ground-rent for the site of the
said hall and buildings and tor the said gardens, to be
ascertained in manner aforesaid, for the residue then to
come of a term of 99 years, to commence from the said
year 1772, they the said defendants should be charged
with and should pay for and in respect of such site and
gardens a rent of 3G()/. a year, for a term of 50 years, to
be computed from the 3rd day of May 1843, or for any
other and what period, or for any other and what term,
and if the Master should find that it would be for the
benefit of the said Charity that the said defendants should
pay the said rent of 360/. a year for such term of 50 years,
to be computed from the time afoiesaid, or from any other
time, or for any other term, then it was ordered that the
said Master, in taking the accounts of rents and profits
therein-before directed against the said defendants, should
charge them accordingly with such rent ; but if the said
Master should be of opinion that it would not be for the
benefit of the said Charity that the said defendants should
be charged with and should pay the said yearly rent of
360/. for the said term of 50 years, or for any other term,
instead of such ground-rent, to be ascertained as aforesaid
for a residue of a term of 99 years, to commence and be
computed as aforesaid, then that the Master, in taking
the said account of rents and profits, was to charge
the defendants with such ground-rent as aforesaid;
and it was ordered that the sum of 3,0(X)/. should be

Eaid by the defendants, the Drapers' Company, as and
y way of commutation for and in respect of the rents
and profits of the said Charity Estate and heredita-
ments accrued previously to the said 3rd day of May
1843, in manner herein-before directed; and it was
ordered that the said Master should approve of and settle
a scheme for the future administration of the said Charity,
and the application thereof. And it was ordered, that it
should be referred to the Master to inquire and state
whether, having regard to the charitable objects con-
templated by the said Testator, and the increased amount
of the rents, profits, and income of the Charity Estates, it
would be fit and proper that any and what extension of
charitable objects and uses should be made of the said
Charity, so as to embrace other objects than those im-
mediately contemplated by the said Testator, and if he
should be of opinion that such extension should be made,
then he was also to approve of a scheme for such purpose.
And the said Master was to inquire and state whether it .
was necessary that an Act of Parliament should be obtained
for carrying into effect such scheme as he might approve
of; ana if he should be of opinion that an Act of Parlia-
ment was necessary, then that he might settle the Draft

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CITY OF LONI>ON LIVERY COMPANIES COMMISSION:



of a Bill for an Act of Parliament to be applied for by the
Defendants for the establishment of any such extended
scheme for the appropriation and application of the income
of the said Charity Estates, or any part thereof; and also
for the absolute purchase by the Defendants of such part
of the said Charity Estates whereon the said hall and
bidldinf^s occupied by the Petitioners the Defendants as
aforesaid were built, and of the gardens attached thereto,
discharged of the charitable trusts to which the same were
then subject, and for the investment and disposition of
the purchase money to be paid by the said defendants for
the same.

And whereas Sir George Rose, the Master to whom the
said cause stood referred, by his report, bearing date the
1 2th day of February 1846, found amongst other things,
that with the money the said Company received from the
oils 8<*nt to them by the executors of the said testator
Thomis Howell, the costs, charges, and losses deducted,
they the said Company purchased tenements and gardens
in the City of London of the yearly rent of 105/., or there-
abouts. And he found that the site of the said Hall, with
the gardens thereto belonging, were part of the heredita-
ments so purchased, and that the site whereon the said
Hall and buildings had been built was situate in and had
a frontage towards Throgmorton Street, in the City of
London, and such site, together with the gardens appur-
tenant to the said Hall, extended backwards in a northerly
direction towards and had a frontage in Austin Friars. And
he found that previously to the year 1772 the former Hall
of the said Company stood on the same site, but in the
year 1772 such Hall was almost entirely destroyed by fire.
And he found that after the said year 1 772, the said Drapers'
Company erected the present Hall and laid out the gardens
belonging thereto, and such Hall had a frontage towards
Throgmorton Street of 160 feet, and had also a frontage
towards Austin Friars of 52 feet. And he found that if the
site of the said Hall and Gardens had been let upon a
lease for a term of 99 years from the year 1772, with a
plan for erecting a HaU similar to the present Hall, with
a frontage in Throgmorton Street, the same would have

Erbduced 15^. per foot, or 120/. a year; but if such site
ad been let on a similar building lease for a term of
50 years from the 3rd day of May 1843, the same would
have produced 21. 5s. per foot, or 360/. a year. And he
found that if such lease for 99 years from 1/72 had been
granted, 28 years of such term would have been unexpired
in 1843. And he found that if the said Hall and Gardens
were then to be sold, it would be more beneficial to the
said Charity that the same should be sold, subject to a
lease for 28 years from the year 1843, at a ground-rent of
120/. a year, than that the same should be sold subject to
a lease for 50 years from 1843 at a ground-rent of 360/. a
year. The said Master therefore found that it would not be
fit and proper, and for the benefit of the said Charity, that
instead of charging the Drapers' Company with a ground-
rent for the site of the said Hall and buildings, and for the
gardens, to be ascertained in manner in the said decree
mentioned for the residue then to come of a term of
99 years, to commence from the said year 1772 (and which
ground-rent would amount to 120/. a year), they the said
defendants should be charged with, and should pay for
and in respect of such site and gardens, a rent of 360/. a
year for a term of 50 years, to be computed from the 3rd
day of May 1843 ; but at the request of the Attorney-
General, he found, and was of opinion, that it would be
for i^e benefit of the said Charity that the said defendants
should be charged with a ground-rent of 120/. a year for a
term of 28 years, to commence from the year 1843, being
the residue of a term of 99 years, commencing from the
year 1772.

And whereas, by an order of his Lordship the Right
Honourable the Master of the Rolls, bearing date the 10th
day of March 1846, it was ordered that the said Master's
said report, dated the 1 2th day of February 1846, should
be confirmed, and the defendants by their counsel con-
senting thereto, it was ordered that it should be referred to
the said Master to settle and approve of a proper lease of
the Hall and Gardens of the defendants, to be granted to
such persons as should be nominated by the said defen-
dants for a term of 28 years, to be computed from the year
1843, being the residue of a term of 99 years from the
year 1772, or for a term of 99 years, to be computed from
the sud year 1772, at the yearly rent of 120/. ; and the
said defendants were to be at liberty to affix their common
seal to such lease as the said Master should approve of,
and the lessees named therein were to execute a counter-
part thereof.

And whereas by an Indenture of Lease, bearing date the
16th day of April 1846, and made between the said Master
and Wardens and Brethren and Sisters of the one part,
and Robert Hendrie, of Tichborne Street, in the City of



Westminster, Esquire, Nathaniel Huson, of Great Portland
Street, in the County of Middlesex, Esquire, Robert
Barclay, of Holloway, in the said County, Esouire, and
William Vardon, of Half Moon Street, in the said County,
Esquire, of the other part : It was witnessed that by virtue
of and in obedience to the lastly herein-before in part
recited order of the said Master of the Rolls, and in con-
sideration of the rents, covenants, and agreements therein-
after reserved and contained on the Lessees' part, to be
paid, performed, and observed respectively, they the said
Master, Wardens, Brethren, and Sisters granted and
demised unto the said Robert Hendrie, Natlmniel Huson,
Robert Barclay, and William Vardon, their executors,
administrators, and assigns: All that piece or parcel of
ground, with the capital messuage or hall, and buildings
thereon erected and built, with the gardens thereunto
!>elonging, and then known as Drapers' Hall, in the City
of London, being the hall and gardens so ordered to be
leased as aforesaid : All of which said premises were more
particularly delineated and described in the plan drawn on
the back of the 4th skin of the now reciting Indenture :
And all ways, paths, passages, party and other walls,
fences, watercourses, culverts, drains, lights, easements,
profits, advantages, and appurtenances whatsoever, to the
said piece or parcel of ground, messuage or hall, buildings
and premises, belonging or in any wise appertaining (except
and always reserving the free passage and running of water
and soil through the chanuels, sewers, and drains), then or
thereafter to be made in, upon, or under the said premises,
or any part thereof: To hold the said premises thereby
demised unto the said Robert Hendrie, Nathaniel Huson,
Robert Barclay, and William Vardon, their executors,
administrators, and assigns, for the term of twenty-eigbt
years, to be computed from the 25th day of December 1843,
yielding and paying therefor, yearly, and during the said
term, the yearly rent of one hundred and twenty pounds
sterling, by two half-yearly parents, on the twenfy-fourth
day of June and the twenty -fifth day of December in each
and every year, the first payment to be considered as due
and payable on the twenty-fourth day of June one thousand
eight hundred and forty-four, without any deduction or
abatement whatsoever, except for the Income or Property
Tax and the Land Tax, and in case the term thereby
granted should happen to be determined, under or b?
vurtue of the proviso for re-entry therein -after contained,
then yielding and paying a proportionate part of the said
yearly rent of one hundred and twenty pounds for the
period which should have elapsed of the half of a year
pending or current at the time of such determination, the
same to be paid immediately thereupon.

And whereas by an order of his Lordship the Master of
the Rolls, dated the 2nd day of June 1846, it was referred
to the said Master to settle and approve of the Draft of a
Bill for an Act of Parliament to enable the said Defendants
to purchase such part of the Charity Estates whereon the
said Defendants' Hall and Buildings occupied by them
were built, and of the Gardens attached thereto, discharged
of the Charitable Trusts to which the same are subject, and
for the Investment and disposition of the purcha^ moner
to be paid by the said Defendants for the same, and with
all proper provisions for protecting and securing the
rights and interests of the said Charity.

And whereas the said Master Sir Ceoige Rose, bj his
Report bearing date the 4th day of June 1846, certified,
that in pursuance of the said Order, he had settled and
approved of a Draft Bill for the purposes aforesaid, and he
had caused a Copy of the said Draft Bill to be written on
thirty-one sides of paper, and in testimony of his appro-
bation thereof he had signed his allowance at the foot of
the said Copy.

And whereas by an Order made in the said Cause by his
Lordship the Master of the Rolls, dated the 6th day of
June 1846, the said Report was confirmed.

And whereas the side of the said hall, buildings, and
premises may be efPected without prejudice to the interests
of the said Charity, if such Sale be made with the appro-
bation and under the direction of the Court of Chancery.

And whereas the sale of the said hall, buildings, and
gardens, discharged from the said charitable uses and
trusts, cannot be effected without the aid and authority of
Parliament.

Wherefore Your Majesty's most dutiful and loyal
subjects, the Master and Wardens and Brethren
and Sisters of the Guild or Fraternity of the
Blessed Mary the Virgin, of the Mysteiy of
Drapers of the City of London, do most humbly
beseech Your Majesty,

1. That it may be Enacted^ and be it Enacted by the
Queen's most Excellent Mtgesty, by and with the advice
and consent of the Lords Spiritual and Temporal and



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MB. HARE S KEPOBT. — PRAPERS COMPANY.



209



anfhorited
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The monies
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Commons in this present Parliament assembled, and by the
authority of the same, that it shall be lawful for the said
Master and Warden and Brethren and Sisters, as the
Trustees of the said Charity Estates, at any time hereafter,
with the approbation and under the direction of the Court
of Chancery, absolutely to make sale and dispose of the
freehold reversion and inheritance of the hall, buildings,
gardens, and premises comprised in the said recited inden-
ture of lease unto the Master and Wardens and Brethren
and Sisters, for their own use and benefit, for such sum or
sums of money, or for such sum of Three per Cent. Bank
Annuities, or partly for one and partly for the other, and
under and subject t** such special conditions and restric-
tions as to the said Court of Chancery shall seem reason-
able, and upon payment into the Bank of England in
manner herem-aftcr directed of the purchase monies, and
transfer of so much Tluree per Cent. Bank Annuities, as
Hit case may be, for which the said hall, buildinjKS, gar-
dens, and premises shall be sold, the Master and Wardens
and Brethren and Sisters shall mnt, convey, and assure
the same with their rights, mei!S)er8, and appurtenances,
and the freehold reversion and inheritance theraof, and the
rent payable in respect thereof under the said recited
indenture of lease unto a trustee or trustees to be named
by them, to the use of them, the Master and Wardens and
Brethren and Sisters, their successors and assigns for ever,
or as tiiey shall direct or reauire, discharged of and ^m
all and smgular the Charitaole uses and trusts to which
the same hmditaments and premises are now, or shall at
the time of such sale, be subject or liable.

2. And be it Enacted, that immediately upon the seaUng
and ddiveiy by ihe Master and Wardens, and Brethren
and Sisters, under the direction of the said Court of Chan-
cery, of any grant, conveyance, and assurance of the firee-
hold reversion and inheritance of the said hall, buildings,
gardens, and premises, comprised in the said recited inden-
ture of lease, or any part thereof, to a trustee or trustees,
to or for the use and benefit of the Master and Wardens
and Brethren and Sisters, the hereditaments and premises
comprised in such grani^ conveyance, or assurance shall
be thereupon and for ever thereafter held and enjoyed by
the Master and Wardens and Brethren and Sisters, their
successors or assi^, freed and absolutely discharged of,
and from all and singular the charitable uses and trusts to
which Ihe same hereditaments and premises are now, or
shall at the time of the sale thereof under the direction of
the said Court of Chancery be subject or liable.

3. And be it Enacted, that the Master and Wardens and
Brethren and Sisters, if and when they shall become the
Purchasers of all or any part of the said Hall, Buildings,
Gardens, and Premises comprised in the said recited Inden-
ture of Lease, and by this Act authorised to be sold as
aforesaid, shall pay their purchase money into the Bank of
England, or transfer such purchase Sto(^ in the name and
with the privity of the Accountant- Gri^eral of the High
Court of Chancery, to be placed to his Account there on
the credit of the cause, " The Attorney-General t^. Drapers'
" Company, ex parte the Drapers' Company, purchasers of
'' the Estate of Thomas Howell's Charity, London," pur-
suant to the method prescribed by the Act of the 12th year
of the Reign of His Majes^ King George the First,
chapter the d2nd, and the General Orders of the said
Court, without fee or reward, according to the Act of the
12th year of the Reign of His M^esty King George the
Second, chapter the 24th.

4. And be it Enacted, that the certificate of the said
Accountant-General under his hand, together with the
Receipt of one of the Cashiers of the Bank of England to
be thereto annexed, and therewith filed in the Register
Offices of the said Court, of the payment into the Bank of
England, or Transfer by the Master and Wardens and
Brethren and Sisters, as the case may be, of the Purchase
money or Stock, or of any part thereof as aforesaid, or an
office Copy of any such Certificate or Receipt, shall from
time to time be and be deemed and taken to be a good
and sufficient discharge to the Master and Wardens and
Brethren and Sisters for so much or such part of the said
Purchase money or Stock for which such Certificate and
Receipt shall hie so given as aforesaid, and after the filing
of such Certificate and Receipt as aforesaid the Master and
Wardens and Brethren ana Sisters, or such purchasers,
shall be and they are hereby absolutely acquitted and dis-
charged of and from the same monies and every part
thereof, and they or anv of them shall not afterwards be
answerable or accountable for any loss, misapplication, or
nonapplication of the same or any part thereof.

5. And be it Enacted, that the monies which shall be so
paid into the Bank of England in the name and with the
privity of toe Accountant-General of the High Court of

A 14546.



Chancery, to be placed to his Account there, or the Stock
so to be transferred *' Ex parte the Drapers' Company,
purchasers of the Estates of Thomas Howell's Charity,"
shall be applied from time to time, under the direction of
the said Court of Chancery, in paying any costs, charges,
and expenses which the Court of Chancery, under the
authority herein-after contained, may direct to be paid
thereout, and the surplus of the said Purchase monies, or
if no costs, charges, or expenses shall be directed to be
paid by the said Court of Chancery out of the said Pnr-
diase monies, then the whole of the said Purchase monies
shall be laid out and invested, under the direction €i the
Court of Chancery, in the purchase of Freehold Messuages
or Tenements, Lands, or Hereditaments, situate either in
England or Wales, which Messuages or Tenements, Lands,
and Hereditaments, immediately upon or after l^e pur-
chase of the same, shall, under the like direction of the
said Court, be conveyed and assured unto and to the use
of the Master and Wardens and Brethren and Sisters, to
and for the general uses, intents, and purposes of the said
Charity.

6. And be 'it Enacted, that all sums of money which
shall be so paid into the Bank of England in the name of
the said Accountant-General to his account there in the
said cause, "The Attcnrney-General versus the Drapers'
" Company, ex parte the Purdiaaers of the Estates of
" Thomas Howell's Charity, and the Masters and War-
" dens and Brethren and Sisters of the Drapers' Company*
" London," or so much thereof as shall not, in the first
instance, be ordered by the Court of Chancery to be applied
in or towards payment of all or any of the costs, charges,
and expenses herein mentioned, shall in the meantime,
and until such mon^ shall be otherwise applied, be laid
out under the directicm of the said Court in tbe purchase
of Three Pounds per eentum per annum Consolidated
Bank Annuities, and the dividends and interest to arise
therefirom shall be laid out from time to time in the pur-
chase of other like Bank Annuities. Provided idways, that
it shall be lawful for the said Court to make such general
or special order or orders respecting the said Bank Annui-
ties and the dividends and interest thereof as to the said
Court shall seem right.

7. And be it Enacted, that all the costs, charges, and
expenses incident to and attending or in anywise relating
to the applying for, obtaining, and passing this Act, and
incidental and preparatory thereto ; and that all the costs
of making the sale or sales of the said hereditaments and
premises comprised in the sidd recited indenture of lease,
and hereby authorised to be sold, or any part thereof, and
of making out, evidencing, and supporting the title thereto,
and of approving the conveyance thereof, and all other
deeds relating to such sale, and of paying the purchase
monies for the same into and of taking such purchase
monies out of the Bank of England, and of investing the
same in other lands, and of conveying such lands to the



Online LibraryGreat Britain Great Britain. London livery companies commissionCity of London Livery Companies' Commission: Report and Appendix, Volume 4 → online text (page 62 of 169)