|iT ibc f rtb^) CoinrcH ^ Ac^lc/l. In the Matter of THE FOUNDATION KNOWN AS THE HOSPITAL OF EDWARD, LATE KING OF ENGLAND, THE SIXTH, OF CHRIST, COMMONLY CALLED CHRIST'S HOSPITAL ; And in the Matter of THE ENDOWED SCHOOLS ACT, 1869, and Acts amending the same ; And in the Matter of A SCHEME made ty the Commissioners, under the said Acts, intituled "A Scheme " for the Administration of the above mentioned Foundation." CASES OF THE APPELLANTS (OTHER THAN THE GOVERNORS OF CHRIST'S HOSPITAL) AND APPENDICES B., C, D. AND E. R. M. BEACHCROFT, 9, Theobald's Road THE CITY SOLICITOR, Guildhall. WINTER & COMPANY, 16, Bedford Row. C. O. HUMPHREYS & SONS, Giltspur Chambers, Holborn Viaduct. PARRER & COMPANY, 66, Lincoln's Inn Fields. THE LIBRARY OF THE UNIVERSITY 0¥ CALIFORNIA LOS ANGELES \n tlj{ iribji €mu)cil. B o 10 In the Matter of THE FOUNDATION KNOWN AS THE HOS- PITAL OF EDWARD, LATE KING OF ENGLAND, THE SIXTH, OF CHRIST, COMMONLY CALLED CHRIST'S HOSPITAL ; AND In the Matter of THE ENDOWED SCHOOLS ACT, 1869, and amending Acts, AND In the Matter of the SCHEME made by the Commissioners, under the said Acts, intituled " A Scheme for the Administration of the above-named Foundation." CASE OF THE APPELLANTS THE Right Honourable FREDERICK EARL BBAUCHAMP, of 13, Bel- 15 grave Square, in the County of Middlesex, WILLIAM BANTING, of 22, Campden Hill Road, Kensington, in the County of Middlesex, GEORGE GILPIN BROWN, of Sedbury, Richmond, in the County of . York, JOHN PETER GASSIOT, of The Culvers, Carshalton, in the County of Surrey, WILLIAM HINE -HAYCOCK, of 4, College Hill, in 20 the City of London, SIR JAMES CLARKE LAWRENCE, Baronet, of 90, Cannon Street, in the City of London, SIR WILLIAM LAW- RENCE, Knight, 75, Lancaster Gate, in the County of Middlesex, BRODIE AUGUSTUS WILCOX, of 28, Portman Square, in the County of Middlesex, and BENJAMIN YOUNG, of the Town and County of 25 Hertford. 1. This is an Appeal against a Scheme made for the Administration of scheme App. „ T-, 1 n 1 TTT 1 1 AVoi. i.p. 1. Christ's Hospital by the Charity Commissioners for England and Wales, under the provisions of the Endowed Schools Acts. The said Scheme was, on the ISth June, 1888, approved by the Committee of Council on Education, and has 30 been duly published. 2. The Appellants were at the passing of the Endowed Schools Act, 18G9, „ s.''s.''D'ip- and still are Members of the Governing Body of Christ's Hospital, and each of °^'^' ^pp- ^• A 'ase of the Appellants, Earl Beauchamp, William Banting, George Gilpin Brown, Jolm Peter Gassiot, William Hine-Haycock, Brodie Augustus Wilcox, and Benjamin Young, was elected a Governor of the said Hospital for bis life before tlie pass- ing of the said Act, in consequence of a Donation made by him, and is a person directly affected by the said Scheme, the said Sir James Clarke Lawrence and ^ Sir William Lawrence having been first nominated Governors and made Donations consequent thereon. m^s^s'd^p- 3. As such Governor, each of the Appellants was at the passing of the nail, App. B, ^^-^ j^^^ ^^ exercisc of the following rights of patronage, viz. — The right of p Table show ing stay of Children (U3), App. B P Ditto, p. 21. N*mBs°of presenting in rotation with other Governors children for admission into the 10 Appellant Hospital. This right was exercisable by each of the Appellants upon an Governors average (taking the rate of rotation which prevailed during 20 years next pre- ' /' PP' ■ tr\ 1 1 1 f* B. p-7. cedinsr the passing of the said Act of 1869) once m every 3 vears and a halt Table of o 1 o / Patronage (as near as may be). (t)2), App. ^ ^ ,/-, 1- T-jIti B, p 8. 4. In exercising this right, a Governor has not been m any way limited '£> to having one Child only presented by him in the Hospital, and it frequently happens that there are several Children presented by the same Governor in the P- ^^- Hospital at the same time. Scheme, App. 5. By Clausc 93 of the proposed Scheme, the said right of the Appellants -*-'jg°'-^" to present Children to the Hospital is unnecessarily (as the Appellants submit), 20 and materially interfered with and in part taken away as follows, viz. — it is in effect enacted (1st) That no existing Governor shall present a Boy so long as there is on the Foundation any other Boy presented by him, and (2nd) That one- third of all future presentations shall be of Girls only. Taking the ages of admission and leaving (S. 108 of Scheme), as 10 and 17 respectively, the right 25 of presenting at all will thus be exercisable by the Appellants respectively (on an average) less often than once in 6 years, and the right of presenting a boy less often than twice in 18 years. Under the proposed Scheme there will be 820 boys in the Boarding Schools of the Hospital, and the Appellants submit that there is no valid reason for reducing their existing right to present Boys, 80 nor for substituting a right to present Gu'ls, which they consider to be of less value. 6. It is further to be observed that the Scheme raises the minimum age of admission of the Children from 8 to 10, and that whereas no payments are now required in respect of any children admitted into the Hospital, the Scheme pro- 35 vides that from £10 to £20 per annum may be required to be paid in respect of two-thirds of the total number of Children by their respective parents or next friends. Ditto, pp. 16, 7. By Clauses 93 and 101 of the Scheme, a Donation Governor is to be allowed in certain cases to nominate one boy to compete with an indefinite 40 number of other boys for admission to the Foundation of the Hospital ; but this, as the Appellants submit, cannot properly be treated as commensurate with, or a compensation for a right of direct presentation. 8. In a former Draft Scheme for the Hospital, issued by the said Commis- ^*,^^ °^ -^''^ * "' pellants. sioners in 1880, it was provided that presentations under the Scheme should be Extracts issued in such a manner as to respect the rights of patronage, which were, at scheme of the passing of the said Act of 1869, exercised by Governors, in consequence of App.B, p:'i3. 5 donations made by them ; but no such Clause is contained in the Scheme now under Appeal. The Appellants submit that the approval of Her Majesty in Council ought to be withheld from the said Scheme for the following, among other REASONS. 10 ^- Because the Commissioners in the said Scheme have not duly and properly, as required by the Endowed Schools Act, 1869, had regard to the rights of patronage which were at the passing of the said Act, exercised by the Appellants as Members of the Governing Body of J 5 Christ's Hospital in consequence of donations made by them. 2. Because the said Scheme is accordingly not within the socpe of or made in conformity with the said Act E. VAUGHAN HAWKINS. 564923 In iht Uri&g dl^oitncil. In the Matter of the FOUNDATION known as the HOSPITAL OF EDWARD, late King of England the 6th of Christ, commonly called Christ's Hospital ; AND In the iliaMer 0/ the ENDOWED SCHOOLS ACT, 1869, and amending Act ; AND In the Matter of the SCHEME made by the Commissioners under the said Acts, intituled a " Scheme for the Adminis- tration of the above-mentioned Founda- tion." CASE OF THE RIGHT HONOUR- ABLE FREDERICK EARL BEAUCHAMP AND OTHERS. R. M. BEACHCROFT, 9, Theobald's Road, W.C, Solicitor to Christ's Hospital. Printed bj Gilbert A Bivington, Ld., St. John's House, Clerkenwell Boad. In tijt llriba €omcil In the Mailer of THE FOUNDATION KNOWN AS THE HOSPITAL OF EDWARD, LATE KING OF ENGLAND, THE SIXTH, OF CHRIST, COM- MONLY CALLED CHRIST'S HOSPITAL; And in the Matter of THE ENDOWED SCHOOLS ACT, 1869, and Acts ameuding the same; And in the Matter of A SCHEME made by the Commissioners, under the said Acts, intituled " A Scheme for the Administration of the above-mentioned Foundation." JOINT APPENDIX B. OF THE APPELLANTS, THE RIGHT HONOUEABLE FREDERICK EARL BEAUCHAMP AND OTHERS, AS DONATION GOVERNORS. AND OF THE RESPONDENTS. R. M. BEACHCROFT, 9, Theobald's Road, AV.C. FARRER AND COMPANY, 66, Lincoln's Inn Fields, W.C. INDEX. Pack No. I. Petition of the Right Honourable Frederick Earl Beauchamp and othors. ... 1 No. 2, Affidavit of M. S. S. Dipnall, filed on behalf of the Appellants ..... 5 No. 3 Statement showing Names, Date of Election, Amount of Donation, and Number of Pre- sentation issued in favour of the Appellants, being Exhibit D' to Affidavit of M. S. S. Dipnall 7 No. 4. Table of Patronage of Donation and Special Vote Governors, being Exhibit D' to Affi- davit of M. S. S. Dipnall 8 No. 5. Table showing actual stay in the Hospital of Children presented by the Governors named therein, being Exhibit D' to Affidavit of M. S. S. Dipnall 12 No. 6. Extracts from the Charity Commissioners' Draft Scheme of 1880, being Exhibit D* to Affidavit of M. S. S. Dipnall 13 \\x i\}t f ri&g ®0itnciL In the Matter of THE FOUNDATION^ KNOWN AS THE HOSPITAL OF EDWARD, LATE KING OF ENGLAND, THE SIXTH, OF CHRIST, COM- MONLY CALLED CHRIST'S HOSPITAL; And in the Matter of THE ENDOWED SCHOOLS ACT, 18G9, and Amending Act ; And in the Matter of THE SCHEME made by the Coramissioners, under the said Acts, intituled " A Scheme for the Administration of the above-mentioned Foundation." No. 1. TO THE QUEEN'S MOST EXCELLENT MAJESTY IN COUNCIL THE HUMBLE PETITIONS OF THR RIGHT HONOURABLE FREDERICK EARL BEAUCHAMP, of peti, 1'], Bekrave Square, in the County of Middlesex ; WILLIAM BANTING, of 22, Campden Hill Road," Kensington, in the County of Middlesex; GEORGE GILPIN BROWN, of Sedbury, Richmond, in the County of York; JOHN PETER GASSIOT, of the Culvers, Carshalton, m the County of Surrey ; WILLIAM HI:;E-HAYC0CK, of 4, College Hill, in the City of London ; Sir JAMES CLARKE LAWRENCE, Baronet, of 90, Cannon Street, in the City of London ; Sir WILLIAM LAWRENCE, Knii>ht, of 1^, Lancaster Gate, in the County of Middlesex; BRODIE AUGUSTUS WILCOX, of 28, Portman Square, in the County of Middlesex; and BENJAMIN YOUNG, of the Town and County of Hertford. Shkw, 1. That in March, 1885, a Scheme was published by the Charity Commis- sioners under the provisions of the above-mentioned Acts, and particularly of the Acts 32 and o8 Victoria, Chapter 50, and 36 and 37 Victoria, Chapter 87, for the adniinistiation of the F'oundation of Christ's Hospital. On the 8th of March, \S8Q, the said Scheme was submitted to the Committee of Council on Education for approval, and on tlie 15th day of June, 1888, the Committee of Council on Education a[)proved the said Scheme, and caused the Scheme so approved to be published. Petition. 2. Tliat it IS provided by Section 39 of the Act of 1869, that any persona directly affected by a Scheme feehng aggrieved thereby on the ground Subsection (2) of the Scheme not saving or making due compensation for his vested interest, as required by the Act, or Subsection (3) of the Scheme being one not within the scope of or made in conformity with the Act, may petition your Majesty in manner thereby provided. 3. That Section 13 of the said Act requires the CoraraissioTiers in any Scheme relating to any Endowed School to have regard to the rights of Patronage, which maj^ be at the passing of that Act exercised by any Member of the Governing Body of such School, in consequence of any gift or donation made by him. 4. That your Petitioners are Members of the Governing Body of Christ's Hospital, and were each of them elected Governors of Christ's Hospital, prior to the passing of the said Act, in consequence of a donation niaile by him ; and that they feel aggrieved by the said Scheme, on the grounds hereinafter appearing. 5. That the right which each of your Petitioners has hitherto enjoyed of presenting in rotation with other Governors' Children for admission to the Hospital, is by the said Scheme limited to the right of having one Child always on the Foundation, and that only provided the Donation Governors are not more than 300 in number. 6. That whilst the said Scheme purports to allot ISO places in the Boys' School to be competed for by Boys to be nominated by Donation Governors in the proportion of one place to every two Donation Governors (which, assuming the total number of Donation Governors to be 300, is equivalent to eacli Governor, including your Petitioners, having the right of nomination once in about every S^ years) your Petitioners respectfully submit that this rio-hr. will in no way compensate them for tlie limitation on the rights of Presentation hitherto enjoyed ))y them, and ioi* the following amongst other reasons : — (a) Because, to secure the admission of a Child under tlie competitive system, the ability of the Child, and not the need of the parent, will necessarily have to be considered. {h) Because yoiir Petitioners, agreeing with the Schools In(|uii"y (Commissioners in the opinion that no chiki under 18 ye;irs ot age should be allowed to compete for examination for entrance into a Sc'iool, admission to which is to be by comjtetirion, object to the proposal in the said Scheme under which the age for competing is to be from 10 to 13. 7. That the patronage which your Petitioners enjoyed at the passing of the Act of l8()i) ainouiiffd to a Presentation for a Child once in ahout every 4 years, ami in addition the expectation during Goveino!-slii|) of the right to present one girl or a Son of a Naval Officer to the said Hospital. 8. That the right to have one child on the Foundation under the provision of the Scheme will be about equivalent to a Presentation every sixth year only. 9. That a Presentation under the said Scheme is in no way an equivalent of a Presentation under the existing Regulations of the Hospital, for the following petition. reasons (a) Because of the later age at which Children are to be admitted under Presentations under the present Sclieme. (?;) Because of the provision in the said Scheme by which the Parents or next friends of Children admitted may be required to contribute yearly siuiis lip to £20. {c) Because, as nearly two-thirds of the Children composing the proposed Hospital Schools will enter by competition, and of this number more than one half will be picked children from other Endowed Schools, it will, as your Petitioners submit, naturally follow that Children admitted under presentations, will have much less chance than heretofore of winning exhibitions and prizes. (d) Because, by the said Scheme it is provided that presentations made by Donation Governors are to be in the proportion of two boys to one girl ; whereas hitherto presentations of Governors have been almost exclusively of boys. 10. That in an earlier draft Scheme published by the Charity Commissioners in 1880, whilst it was proposed to appropriate 400 instead of 800 places m the Schools for Donation and Special Vote Governors, the new Council of Almoners was charged with the duty of issuing such Presentations in such a manner as to respect the rights of Patronage of your Petitioners. 11. Your Petitioners respectfully submit that the present Scheme of the Commissioners does not show due regard to the rights of your Petitioners, and is therefore not made in conformity with the said Act. YOUR PETITIONERS therefore humbly pray that your Majesty in Council will be graciously pleased to withhold your approval from the said Scheme. August, 1888. Signed by the aboye-named Petitioners. No 2.— AFFIDAVIT OF M. S. S. DIPNALL, FILED ON BEHALF OF ^ffiJ^Y.-^o^^- THK APPELLANTS, THE RKiHT HONOURABLE FREDERICK '^°'' ' EARL BBAUCHAMP AND OTHERS. I, MATTHIAS SIDNEY SMITH DIPNALL, of Christ's H-spital, Newgate Street, in the City of London, Chief Clerk, otherwise the Clerk of, and for upwards of 35 years, resident at, Christ Hospital, make Oatli, and say as follows : — 1. I was brought up in the Hospital, and am 68 years of age, and have for nearly 54 years been in the service of tlie Governors of Christ's Hospital, and have occupied the above-mentioned appointment since the year 18G4. 2. I have caused to be prepared from the Records of the Hospital a statement showing the date of election as Governors of Christ Hospital, of tlie gentlemen whose names appear on such statement, the amount of donation made by each such Governor, and the number of presentations or privileges of presenting children issued to each such Governor from the date of his election to the present time. The said statement now produced and shown to me and marked D Q) is a true and correct statement. 3. Every Donation, Nomination, and Special Vote Governor of Christ's Hospital has hitherto been entitled to the privilege of presenting in rotation with other Governors, children for admission to the Hospital, and, taking the average of 20 years next before the passing of the Act of 1869, it is a fact tliat every such Governor living throughout that period has enjoyed 5-;4 presenta- tions, which is equivalent to a presentation once in every 3^ years. The paper writing now produced and shown to me marked D (") is a true and correct state- ment of the presentations issued during the 20 years referred to above to the 49 Governors who are now living, and who were living in the year 1850. 4. It frequently happened, and still happens, in the ordinary course, that more than one boy is in the Hospital at the same time on the presentation of the same Governor. The paper writing now produced and shown to me marked D (■^) correctly shows the actual stay in the Hospital of children presented by the Governors named ther* in. 5. The Governo. .^ maintain and educate in their establii^hment at Hertford about 90 gi^ls, "f whom about 24 are taken in under trusts, and the remainder (save at the prL'sent moment some 5 or 6) are presented by the Governofs under a rota applying partly to the issue of presentations sf)ecially limited to girls, and partly to presentations specially limited to Naval Officers' Sons. No girls are maintained and educated in the Hospital's London Establishment. The total number of boys now on the books of the Hospital is 995. The right to present a girl has not hitherto been regai'ded as of the same value as the right to present a boy. 6. The number of Governors at present entitled to present children to the Hospital in consequence of their Donations is 259. According to the Draft Scheme, which provides that no Governor shall at any time have more than one child in the Hospital, each of such Gove.iiors would have the right of presentation accorded to him once in every 6 years only, as I estimate that every child presented would remain on the books of the Hospital on an average 6 years, the age of admission, according to the scheme, being from 10 to 11, and the usual age of leaving, 17. 7. The Draft Scheme provides that presentations to be made by Donation Governors shall be in the proportion of 2 boys to 1 girl. No such regulation has existed hitherto, and the presentations hitherto issued to Governors in the ordinary way have entitled such Governors to present boys. Affidaintof g_ -gy ^i^g j)j.^f^. gcheme for the Hospital, first published by tbe Charity ni»ii. Commissioners in 1880, 400 places were proposed to be assigned to children presented by Donation Governors and Governors by Special Vote (there being seven special vote Governors wiio were such in 18(39), and there was a Clause (95) in the said Draft Schemeof 1880 which provided that in issuing presentations, the rights of patronage, wliich were on the 2nd of August, 1869, exercised by any Governor in consequence of any gift or donation, should, as far as possible, be respected. A true copy of the clauses in the said Draft Scheme of 1880 relating to this matter is now shown to me, and marked D (*). Sworn at Christ's Hospital, Newgate Street, in the City of London, this 9th day of May, 1889, before me, ^ M. S. S. Dipnall. J. E. (Cranston Leslie, a Commissioner to Administer Oaths in the Supreme Court of Judicature in England. Table giving Names, &c., of and Presentation* issQed to Donation Governors, being Exhibit D' to tlie aftiJavit of M. S. S. Dipnall. a a « w o a C5 TO M zi Oi < D fore contained of t!ie rights of bo.'s and girls who were on the affidacit the day of publication of this Scheme on the Foundation, and to the provisions uipnau/' herein-after contained, the 400 places in the Lower School for boys and the iOO pla:es in the Lower School for girls shall, from and after the date of this Scheme, be distributed as follows, that is to say, there shall be allotted to po )r children to be presented by the under-mentioned persons and bodies the number of places in the said Schools respectively set opposite to tbe names of such persons and bodies respectively in the following table : — Hoys' O ills' Children to ho. presented by School. Schor)!. Donation Governors and Governors by Special Vote - - 270 130 Provided always, that subject to the exercise of the said subsisting rights of Her Majesty (for which not more than six places in all will be required), two of the twelve places allotted in the above table to provide in the first instance for sucli rights, and remaining vacant after the exercise thereof, shall be filled by presentations to be made by the Council of Almoners in execution of the trusts of the will of Thomas Lockington, dated the 18th day of April, 1716, for taking into the hospital two poor children of his relations, and for want of such then two of his surname, and for want of such, then two poor children of freemen inhabiting within the parish of St. Mary Magdalen, Old Fish Street, to be bred up there until they should attain the age of fifteen years, which said trusts shall continue in force until the 1st day of January 1900 and then be determined, and the endowment for the said purposes given by the i-aid will shall then be subject to the general provisions of this Scheme. The remaining four of the said twelve places remaining vacant as aforesaid, shall be allotted as follows : — one to ])Oor children to be presented in respect of John Lock's Trust, by electors for St. Martin, Ludgate, St. Michael, Bassishaw, aud St. John, Walbro:ik respectively, siicli bodies presenting in rotation as the Council of Almoners shall direct ; one to poor children to be presented in respect of Christopher Clarke's Trust, by electors for St. Luke, Old Street, and White- chapel respectively, such bodies presenting alternately as the Council of Almoners shall direct; one to pooi* children to be presented in respect of Sir George Fettiplace's Trust, by electors for Swinbrook, in the county of Oxon ; and one to poor children to' be presented in respect of Daniel Westall's Trust by the Court of Assistants of the Mercers' Company. Provided also, that the trusts annexed to the educational endowment founded by Thomas Stallard Penoyre, settled by the Scheme relating thereto, confirmed by an Order of the High Court of Chancery, dated the 22nd day of February 1844. shall remain subject to the provisions of that Scheme and Order until the r'.\pirati(rn thereof on the 1st day of January 1884, when such endow- ment shall fall into and Ibrm part of the General Fund and be subject to the general provisions of this Scheme. Provided also, that the Charity Commissioners may make Orders from ihne to time upon such application made to them for the purpose as thoy may li Extracts from Draft Scheme of 188J, being Exiubit D* to the afiBdavit of M. S. S. Uipnall. Isane of pre. ten :tt>iuus ami regard fur veaied iuteresta of patrons. think sufficient for regulati'ig the number of places to be allotted to all or any of the above-mentioned special Trusts in proportion as nearly as may be to the income for the time being derived from endowments originally made applicable exclusively to such Trusts respectively. Provided also that if the income of the General Fund, apart from income of endowments originally made applicable exclusively to special Trusts, shall at any time be found inadequate to provide for all the purposes of this Scheme, not provided for by the said endowments or chargeable oa any other Fund, then and in every such case the Council of Almoners may diminish rateably the number of places allotted to the Aldermen, the Common Council Gr )vernor3, and the Donation Governors and Governors by Special Vote respectively. Provided lastly, that every Donation Governor and Governor by Special Vote shall, immediately on his election, be entitled to present a boy or gid, as he may think fit ; but if the admission of such boy or girl shall increase the number of boys or girls for the time being in either School admitted on presentation by such Governors beyond the normal number for such Scho )1 of b lys or girls so admiited, no further presentations shall be made to such School by Donation Governors or Governors by Special Vote (except under this proviso), until the excess of number shall have been abated. Save as in this clause before provided no claim shall be made against the Foundation, or any of the endowments thereof, or otherwise, in respect of any of the Trusts in this clause p rticularly mentioned. And no claim shall be made against the Foundation, or any of the endowments thereof, or otherwise, in respect of any of the Trusts of which short particulars, with the names of their respective founders and. dates of foundation, are set forth in Schedule E. hereto. 95. As vacancies occur in the Lower Schools presentations for filling them up shall be issued to the persons or bodies entitled to present to the places vacated according to the above table in such manner and at such times as the Council of Almoners shall from time to time direct. Pi^ovided that in issuing such presentations the Council of Almoners shall, as far as possible, respect the rights of patronage which were, on the 2nd day of August 1869, exercised by any Gjvernor in consequence of auy gift or donation made by him. M ti)t ^M\)yi (UtomxtiL IN THE MATTER OF the Foundation known as the Hospital of Edward late King of England the Sixth of Christ commonly called CHRIST'S HOSPITAL AND m THE MATTER OF THE ENDOWED SCHOOLS' ACT 1869 and amending Acts AND IN THE MATTER OF a SCHEME made by the Charity 10 Commissioners under the said Acts intituled " A Scheme for the Administration of the above mentioned Foundation." THE CASE OF THE MAYOR AND COMMONALTY AND CITIZENS OF THE CITY OF LONDON Governors of the possessions revenues and goods of the Hospitals of Ed^vard the sixth King op England of Christ Bridewell and St. Thomas the Apostle and of each of them the Lord Mayor the Aldermen and the twelve Common Councilmen of the City op 20 London who under and by virtue of the Act of Parliament 22 George III. Chapter 77 are Members of the acting Governing Body of the above mentioned Foundation, individually. This is a Petition by w-ay of Appeal to Her Majesty in Council praying Appendix c, No. i, Her Majesty to withold Her approval from a Scheme for the administration of ^' the above mentioned Foundation which Scheme was in March 188C submitted to the Committee of Council on Education for approval and on the 16th day of June 1888 was approved by them and as approved was published. Case of the Mayor, &c., of London. Appendix C, No. '2, p. 13. Appendix A, vol. 1, p. 1. [jendix C, No. 3, p. 20. Appendix A, vol. p. 37. In the year 1880 the Charity Commissioners prepared and published a Draft Scheme for the administration of the said Foundation but such Scheme was ultimately withdrawn by them. Extracts from such Scheme are set out in Appendix C. In the month of March 1885 the Charity Commissioners prepared a second draft Scheme against which certain objections were lodged on the part of the Corporation of Loudon as appears by the correspondence set out in Appendix C. This Scheme was amended and as amended is the Scheme from which your Petitioners are appealing. The above mentioned Hospital of Edward VI. King of England (herein- 10 after called Christ's Hospital) was not founded as or intended for a School but as and for a Hospital or Poor House for the reception support and treatment of the poor sick and destitute of both sexes and of all ages in the City of London and the suburbs of the same. Christ's Hospital was founded by Kings Henry YIII. and Edward YI. its early history being shortly as follows : — Upon the dissolution of the Monasteries the poor sick and destitute people who had previously been relieved and cared for in those establishments in or near the City of Loudon were reduced to great misery and distress and were found lying about and begging in the streets and in the suburbs of the City in such a manner as to 20 cause fear of a pestilence. The Corporation of the City of London consequently petitioned King Henry VIII. on the subject and by an Indenture dated 27tb December 1546 and made between that King and the Corporation the King " considering the " miserable Estate of the poore aged sick low and impotent people as well " men as women lying and going about begging in the common streets of the " said City of London and the suburbs of the same to the great paine and " sorrowe of the same poor aged sick and impotent people and to the great "infection hurt and annoyance of his Grace's loving subjects" agreed to grant to the Coi-poration certain hereditaments comprising amongst others 39 the property then late of the Grey Friars in London (upon which Christ's Hospital was subsequently erected) and the then late Hospital of St. Bartholo- mew in consideration whereof the Corporation covenanted that they would provide lodging food and clothing for 100 poor men and women to be taken from '' such poor sick aged and impotent people as should be found going " abroad in the City of London and the suburbs of the same not having " wherewith to be sustained." Mayor, King Henry VIII. in the year 1547 by his Letters Patent granted the ^'=^;yY^Jj^JJ,' said hereditaments to the Corporation and the Corporation at once proceeded to fulfil the obligations imposed on them by the said Indenture. "^''''""'ir,/^' "''' '" Christ's Hospital was shortly afterwards erected mainly at the expense of the Citizens of the City of London. In the Indenture and Letters Patent of King Edward VI. hereinafter mentioned both Christ's Hospital and St. Bar- tholomew's Hospital are refen-ed to as newly erected Hospitals in which the poor were kept by the Corporation. Bv an Indenture dated 12th June 1553 and made between King Edward Appendix a, vol. i, . . - p. 64. 10 VI. and the Corporation the King in consideration of the great charges which the Corporation should sustain and bear yearly and for their godly acts in making provision for the poor as therein mentioned agreed to make the grants contained in his Letters Patent hereinafter mentioned. By such Letters Patent dated 26th June 1553 King Edward VI. through Appendix a, vol. i, pity for " the miserable Estate of the poor fatherless decrepit aged sick infirm ^' " and impotent persons languishing under various kinds of diseases and also " considering the honest pious endeavours of the Mayor and Commonalty and " Citizens of the City of London who by all ways and methods diligently " study for the good provision of the poor and of every sort of them and that 20 " by such reason and care neither Children yet being in their infancy shall '• lack good education and instruction nor when they shall obtain riper years " shall be destitute of honest callings and occupations whereby they may " honestly exercise themselves in some good faculty and science for the '* advantage and utility of the Commonwealth nor that the sick or diseased " when they shall be recovered and restored to health may remain idle and " lazy vagabonds of the State but that they in like manner may be placed and " compelled to labor and honest and wholesome employments " granted unto and to the use of the Mayor and Commonalty and Citizens of the City of London and their successors for ever in free socage a certain Manor messuages heredita- 30 ments rents advowsons rights and other things therein mentioned for the progress amplification and increase of the said work. And the King thereby ordained that the Hospitals to which the said Letters Patent related (and which included Christ's Hospital) when they should be founded erected and established should be named and called the Hospitals of Edward the Sixth Case of tiie Mayor, Kinjr of England of Christ Bridewell and St. Thomas the Apostle and that &c., of Lomlon. ^ o • n /~c i? t i — the aforesaid Mayor and Commonalty and Citizens of the City ot London aforesaid and their successors should be named and called Govemors of the said Hospitals and of the possessions revenues and goods thereof and that the same Governors should be thereafter in deed fact and name one Body Corporate and Politic of themselves for ever by the name of the Governors of the possessions revenues and goods of the Hospitals of Edward the Sixth King of England of Christ Bridewell and St. Thomas the Apostle incorporated and erected and the King thereby incorporated them and thereby created and con- stituted them a Body Corporate and Politic by the same name to continue for 10 ever. And by the same Letters Patent the King willed that the same Governors might have perpetual succession and a Common Seal and be persons capable in the Law to have and receive and hold to them and their successors for ever any lands tenements rents reversions hereditaments goods and chattels and that the same Governors by the name aforesaid might plead defend or answer in any Courts or places whatsoever and before any Judges whomsoever in any causes actions suits and demands touching or concerning the premises. The said Letters Patent further gave power to the said Governors to make ordinances statutes and rules for the right government of the poor in the said Hospitals and to appoint and ordain Officers Ministers or Governors under 20 them in the said Hospitals who might provide for take care of and govern the poor therein. The Corporation thinking it desirable to collect all the infant poor in one of the said Hospitals selected Christ's Hospital for that purpose. No children have received eJucation in Christ's Hospital except those who have from time to time been lodged fed clothed and medically attended in and by the Foundation and to whom the Hospital has in reality been a home. The Mayor and Commonalty and Citizens of the City of London in pursu- ance of the Letters Patent of King Edward the VI. took upon themselves the management and government of the three Hospitals and carried them on as one 30 entire Corporation and made orders and regulations for the conduct and manasemeut of the same. "o^ At a General Court holden at Christ's Hospital on the 27th September 1557 by the Governors of the thi-ee Hospitals and also of St. Bartholomew's Hospital (which had been vested in the Mayor and Commonalty and Citizens of the City of London as Governors thereof by Letters Patent dated 13th ^''^^^ ;[,/'^^i"''' January 15J 7 in the o8th year of King Henry YIII.) it was ordered and agreed that St. Bartholomew's Hospital should be united to and be made one body with the rest of the said Hospitals and acting Governors were appointed for each of the four Hospitals. The acting Governing Body of each of the four hospitals was chosen at Christ's Hospital at first annually and afterwards at irregular intervals. It has been the practice from very early times in all the said Hospitals for the acting Governing Bodies to elect persons as additional Governors in 1" consequence of donations given by them and occasionally on other special grounds. These persons respectively are known as " Donation Governors " and " Governors elected by Special Vote." In the course of time the acting governing body of each of the said Hospitals was enlarged by the election as Governors of benefactors and others and disputes having arisen between the Corporation and the said acting Governors respectively as to their respective rights powers and privileges respecting the government of the hospitals these disputes were settled and adjusted by an Agreement in writing dated the 12th day of June 1782 and Appendix a, vol. i, made between the Corporation of the one part and the said acting Governors 20 of the other part. By this Agreement it was agreed and declared inter alia that the Governors of the said several Hospitals of St. Bartholomew Bethelem Christ Bridewell and St. Thomas the Apostle named in certain lists therein mentioned and also those Governors who had been elected since the delivery of such lists together with the Lord Mayor and Aldermen of the City of London and also the members of the Court of Common Council to be nominated and appointed as thereinafter was mentioned for the time being should be established and confirmed Governors of such of the aforesaid hospitals respectively of which they had been elected Governors previously to the delivery of such lists as oO aforesaid or in future should be elected Governors with the full rights and powers therein referred to in the governing management and disposition of the business of the said hospitals and of the real estates and possessions rents and revenues goods and chattels thereof And that the Governors already elected and to be thereafter elected as therein mentioned Together with the Lord 6 Case of the Mayor, Mavor and Aldermen of the City of London and the Members of the said Court &c., of London. . .,. , • t i • o • i — of Common Council for the time being to be appointed as theremaiter mentioned should have the right power and authority at all times thereafter to appoint officers as therein mentioned and do all other acts therein referred to for the good government and conduct of the said Hospitals and the estates thereof. And further that it might be lawful for the Lord Mayor Aldermen and other Governors of the said Hospitals of Christ Bridewell and St. Thomas the Apostle respectively acting as Governors thereof on all occasions and for the purpose of prosecuting or defending actions or other proceedings to use the style or title of the Mayor and Commonalty and Citizens of the City of London ] ( i as Governors of the possessions revenues and goods of Hospitals of Edward late King of England the VI. of Christ Bridewell and St. Thomas the Apostle. And the said Agreement further provided for the appointment by the Court of Common Council of 48 persons being members of the said Court of whom the names of 12 were to be sent to Christ's Hospital to be Governors thereof and for the filling up of vacancies from time to time. Appendix_A, vol. 1, gy ^u Act of Parliament passed in the 22nd year of King George III. Cap. 77 intituled " An Act to render valid and effectual certain Articles of Agreement between the Mayor and Commonalty and Citizens of the City of London Governors of the possessions revenues and goods of the Hospitals of 20 Edward King of England the Sixth of Christ Bridewell and St. Thomas thi^ Apostle and of the Hospitals of Henry the Eighth King of England called ' Tlie House of the Poor ' in West Smithfield near London and of the House and Hospital called Bethelem and the Presidents Treasurers and acting Governors of the said several Hospitals " the said Articles of Agreement were ratified and confirmed. The Estates and property of the Foundation still remain vested in the Corporation and they have the right of holding and hold such endowments. Act of 1869. The said Scheme deals with endowments the income of which may in the discretion of the governing body be wholly applied to other than educational 3(1 purposes. Particulars of such endowments will be found in Appendix A, vol. 2. The said Scheme deals without the assent of the governing body Avith ^'f'fjl^^^^^^' endowments and parts of endowments which have been applicable and applied ^^^ ^^ — for the purpose of providing lodging food clothing and medical attendance for ««-ct- ^Mi)- children in the Hospital and otherwise for non-educational purposes as educational ondownnents. Particulars of such endowments and parts of endowments will be found in Appendix A, vol. 2. The proportion of the endowments of the Foundation which are . , - Act of 1869. applicable to charitable uses other than those which are educational exceeds Stct. 24 (3). one half of the endowments. 10 The said Scheme contains provisions enabling Scholars to claim exemption from attending prayers or religious worship or from any lesson or series of lessons on religious subjects notwithstanding that they are being lodged fed Act o^^^869^_ clothed and medically attended as well as educated by the Foundation. The parishes mentioned in Clause 102 of the said Scheme are areas the inhabitants of which are entitled by virtue of divers Wills and documents to -Vctoj iseg •' _ Sect. 11. special privileges or educational advantages in the Hospital. Such Wills and documents so far as necesssary are set out in Appendix C. Appendix c, No. 4, '' p. ol. The rights of patronage Avhich at the time of and long previously to the passing of the Endowed Schools Act 18G9 were and are still exercised by the 20 Members of the Governing Body who represented and represent the Corporation of the City of London were and are as follows : — The Lord Mayor one proseutatiou in right of his Office and one annual presentation as an Alderman. The Aldermen one annual presentation each in right of their Office. The twelve elected Common Councilmen one presentation each on or soon after election and (in rotation) about two presentations each in every 7 years afterwards and as vacancies occur one special presentation each for a Naval Officer's son or one specially limited to a girl. One such special right of presentation may be reasonably expected by each such Common Councilman 30 during his tenure of office. Case of the Mayor, &e., of London. Appendix C, Xu. fi, p. 52. Olause 89. 8 The rights of patronage so exercised by such members of the Governing Body as aforesaid were and are exercised by them as representatives for the time being of the Corporation and in consequence of gifts and donations made from time to time to the Foundation by the Corporation ; by members of the Corporation ; and by assessments upon citizens and inhabitants of the City. Such gifts and douations have extended over a long period of years and have been of great value. Particulars of some of such gifts and donations are set out in Appendix C. Under the Scheme of 1880 it was proposed to give to the Members of the Governing Body rights of patronage as follows — 10 The Lord Mayor four presentations (2 boys and 2 girls). The Aldermen fifty presentations (34 boys and IG girls). The twelve elected Common Councilmen twelve presentations (8 boys and 4 girls). By the present Scheme it is proposed to give to the Lord Mayor one in-esentation (one boy or one girl as the Council of Almoners shall from time to time determine) and to take away from the Aldermen and said Common Councilmen all rights of patronage. The number of poor destitute children in London and its suburbs is so great that no difficulty can arise in finding in that area and in that class of life a far 20 larger number of proper objects for admission to the full benefit of the Foundation than the Funds of the Hospital can or are likely to be able to jjrovide for. The Appellants humbly submit that the approval of Her Majesty to the said Scheme either in whole or in part should be withheld for the following amongst other SEASONS. Act of 18f.9. Sect. 5. 1. Because the Foundation is not a School and the endowments thereof have not been made applicable or been applied for the purposes of education at School of boys or girls. 30 2. Because it deals with eiuloAvmeiats the income of Avhieh may in '^'"■^^ "^ the Mayor, •^ &c., 01 London. the discretion of the Governing Body bo wholly ap^ilied to — other than educational purposes. Sect. 8 (t). 3. Because it deals Avithout the assent of the Governing Body with endowments and parts of endowments which have been applicable and applied for the purpose of providing lodging Sect. 24 (i). Sect 29 food clothing and medical attendance for children in the Hospital and otherwise for non-educational purposes as educational endowments. 10 4. Because it abolishes the present Governing ]^ody notwithstanding that the proportion of the endowments of the Foundation which ^^^^ .,^ are applicable to charitable uses other than those which are educational exceeds one half of such endowments. 5. Because it contains provisions with respect to religious education sec. le. which are not in conformity with the expi-ess terms or meaning and intention of the Endowed Schools Acts. 6. Because it has not due regard to the educational interests of the Sect, n & (36 & 37 Vic. c. 87). destitute poor. Sect. 5. 7. Because it has not due regard to the educational interests of the 20 destitute poor of the City of London and its suburbs or of the sect. 11. several parishes mentioned in the l()2nd clause of the said Scheme. 8. Because it has not due regard to the rights of patronage which at the passing of the Endowed Schools Act 1869 were and have g^^^ j^ ever since been exercised by the Members of the Governing Body who represented and still represent the Corporation of the City of London and which rights were so exercised in consequence of gifts and donations made from time to time to the Foundation by the said Corporation. 30 A. T. WATSON. HENRY J. TWEEDY. En it)c Iki)))) CTounril. IN THE MATTER OF CHRIST'S HOSPITAL AND IN THE MATTER OF THE ENDOWED SCH Acts SCHOOLS' ACT 1869 and amending AND IN THE MATTER OF a SCHEME made by the Charity Commissioners under the said Acts intituled " A Scheme for the Administration of the above mentioned Foundation." CASE OF THE APPELLANTS, THE MAYOR, &c., OF LONDON. THE CITY SOLICITOR, Guildhall. Printed l)y D. "Wood & Son, No. 16, Basinphall Street, E.C. M ti)c i^ritjj) eDunciL IN THE MATTER OF the Foundutiou known as the Hospital of Edward late King of England the Sixth of Christ commonly called CHEIST'S HOSPITAL and IN THE MATTER OF THE ENDOWED SCHOOLS' ACT 1869 and amending Acts AND IN THE MATTER OF a SCHEME made by the Charity Commissioners under the said Acts intituled " A Scheme for the Administration of the above mentioned Foundation." JOINT APPENDIX C OF THE APPELLANTS, THE MAYOR & COMMONALTY & CITIZENS OF THE CITY OF LONDON. THE CITY SOLICITOR, Guildhall. FARRER & COMPANY, 60, Lincoln's Inn Fields. INDEX. NO. PAGE. 1. Petition of the ]\Tayor, &c. of London, Governors of Christ's Hospital, and of the Lord Mayor, Aldermen and Common Council Governors individually .. ... ... ... ... ... ... 7 2. Extracts from Scheme of Charity Commissioners of 1880 13 3. Correspondence between City Solicitor and Secretary and Solicitors to Charity Commissioners ... ... ... ... ... ... 20 4. Extracts from Wills and other Documents relating to rights of presentation of various City Parishes and Aflfidavits verifying same . PAGE. ( 1 ) Affidavit of Daniel Stock 31 (2) Extract from Will of Mr. Giles Eussell referred to in Affidavit of D. Stock 33 (0) Affidavit of Herbert Sidney Russell 35 (4) Extract from Will of Mr. Walter Woodward referred to in Affidavit of H. S. Ptussell ... 37 (■J) Extract from an Indenture of 2.5th September, 177(3, referred to in .same Affidavit ... ... 38 (H) A Erief Eecital of Indenture of Covenants dated 20th January, 1634, referred to in same Affidavit Oi (7) Affidavit of J. E. Shearman, Jun. 42 (8) Extract from Will of John Fowke referred to in Affidavit of J. E. Shearman, Jun. ... ... 43 (D) Extract from Will of Gilbert Keate referred to in san\o Affidavit ... ... ... ... ... 45 (10) Affidavit of C. M. M. Rawlins 40 (11) Extract from Will of John Pliillips referred to in Affidavit of C. M. M. Rawlins 47 (12) Affidavit of J. W. Billlngliurst 4!) (13) Extract from the Will of William Tudnam referred to in Affidavit of J. W. Billinghurst... 50 5. Affidavit of Herbert Sidney Eussell ... ... ... ... ... 51 C. Particulars of Gifts and Donations referred to in Affidavit of H. S. Rus.sell 52 M ti)c ^3ntjji) CTounciL IN THE MATTER OF the Foimdatiou kiiowu as the Hospital of Edavard hxte King of England the Sixth of Christ commonly called CHEIST'S HOSPITAL AND IN THE MATTER OF THE ENDOWED SCHOOLS' ACT 1869 aiid ameuding Acts AND IN THE MATTER OF a SCHEME made by the Charity Commissioners under the said Acts intituled " A Scheme for the Administration of the above mentioned Foundation." JOINT APPENDIX C OF THE APPELLANTS, THE MAYOR & COMMONALTY & CITIZENS OF THE CITY OF LONDON. THE CITY SOLICITOR, Guildhall. FARRER & COMPANY, 66, Lincoln's Inn Fields. m tbc i3nt))? eounctL 10 IN THE MATTEK OF the Foundation known as the Hospital of Edward late King of England the Sixth of Christ commonly called CHRIST'S HOSPITAL AND IN THE MATTEE OF THE ENDOWED SCHOOLS' ACT 180 9 and amending Acts AND IN THE MATTER OF a SCHEME made by the Chaeity Commissioners under the said Acts intituled a " Scheme for the Administration of the above mentioned Foundation." Appendix •'. No. 1. Petition of Appeal. To THE QUEEN'S MOST EXCELLENT MAJESTY in Council. 20 THE HUMBLE PETITION of the Mayor and Commonalty and Citizens of the City of London Governors of the Possessions Revenues and Goods of the Hospitals of Edward the Sixth King OF England of Christ Bridewell and St. Thomas the Apostle and of each of them the Lord Mayor the Aldermen and the twelve Common Councilmen of the City of London, who under and by virtue of the Act of Parliament 22 George III. Chapter 77 are Members of the acting Governing Body of the above mentioned Foundation, individually. SHEWETH as follows— 1. Your Petitioners the Mayor and Commonalty and Citizens of the City of London Governors of the possessions revenues and goods of the Hospitals of Edward the Sixth King of England of Christ Bridewell and St. Thomas the Apostle have the right of holding, and hold, all the endowments property and estates of the above mentioned Foundation. 8 Appendix c. 2. The names addresses and occupations of your Petitioners the Lord ivvT. Mayor the Aldermen and the twelve Common Councilmen of the City of Petition of Appeal. L^n^on who hereby petition individually are as follows (that is to say)— The Et. Hon. Polydore de Keyser, Mansion House. Sir Wm. Lawrence, Knt., Gl, Bread Street, and 75, Lancaster Gate, Hyde Park. Sir Thomas Gabriel, Bart., Commercial Eoad, Lam- beth, and Edgecombe Hall, Wimbledon. Sir James Clarke Lawrence, Bart., 90, Cannon Street, and 1, Hyde Park Gardens. Sir Thomas Dakin, Knt., 3, Cree Church Lane, Leadenhall Street, and 18, "Wetherby Gardens, S.W. Sir Andrew Lusk, Bart., 62, Fenchurch Street, and 15, Sussex Square, Hyde Park. David Henry Stone, Esq., Treasurer's Office, St. Thomas' Hospital, S.E., and Castleham, Holliug- ton, Hastings. Wm. J. Eichmond Cotton, Esq., 27, St. Mary Axe, and Woodside, Whetstone, Middlesex. Sir T. Scambler Owden, Kt., F.E.G.S., Mulgrave House, Sutton, Surrey. Sir Francis Wyatt Truscott, Knt., 103, Victoria Street, S.W., and Oakleigh, East Grinstead, Sussex. Sir J. Whittaker Ellis, Bart., M.P., 18, Old Broad Street, and Buccleuch House, Eichmond. Sir Hcniy Edmund Knight, Knt., 101, Cheapside, and 6, Stratford Place. Sir Eobt. Nicholas Fowler, Bart., M.P., 50, Cornhill, and 137, Harley Street. Sir Eeginald Hanson, Bart., M.A., LL.D., F.S.A., 47, Botolph Lane, and 4, Bryanston Square. Lord Mayor. Alderman of the Ward of Bread Street. Alderman of the Ward of Vintry. Alderman of the Ward of Walbrook. 10 Alderman of the Ward of Candlewick. Alderman of the Ward of Aid gate. Alderman of the Ward of Bassishaw. Alderman of the Ward of Bridge Without 20 Alderman of the Ward of Bishopsgate. Alderman of the Ward of Dowgate. Alderman of the Ward of Broad Street. Alderman of the Ward of Cripplegate. Alderman of the Ward 30 of Cornhill. Alderman of the Ward of Billingsgate. Petition ni Appeal. James Whitehead, Esq., Highfield House, Catford Alderman of the Ward Ai.],uiiaix c. Bridge. of Cheap. No. i. Sir Henry Aaron Isaacs, Knt., Monument Yard and Aklerman of the Ward 27, Belsize Park. of Portsoken. Joseph Savory, Esq., 11 & 12, Cornhill, and Buck- Aklerman of the Ward hurst Park, Sunninghill, Berks. of Langbourn. Edward James Gray, Esq., 37a, Mincing Lane, and Alderman of the Ward The Hermitage, Snaresbrook, Essex. of Tower. David Evans, Esq., 24, 25 & 26, Watling Street, Alderman of the Ward 10 and Ewell Grove, Surrey. of Castle Baynard. Lieut.-Col. Phineas Cowan, 7, Mincing Lane, and Alderman of the Ward 15, Lancaster Gate. of Cordwainer. Stuart Kuill, Esq., 1, Adelaide Buildings, London Alderman of the Ward Bridge, and The Crosslets in the Grove, Black- of Bridge, heath. George Eobert Tyler, Esq., 17, Queenhithe, and 17, Alderman of the Ward Penywern Eoad, Earls Court. of Queenhithe. James Ebenezer Saunders, Esq., F.S.A., 9, Finsbury Alderman of the Ward Circus, and Chelvistone, Lee Terrace, Blackheath. of Coleman Street. 20 Joseph Eenals, Esq., 8, Falcon Street, and 77, Alderman of the Ward Highbury New Park, N. of Aldersgate. Colonel Walter Henry Wilkin, 23, St. Mary Axe, Alderman of the Ward and 5, Eussell Square. of Lime Street. George Faudel Phillips, Esq., 40, Newgate Street, Alderman of the Ward and Ball's Park, Hertford. of Farriugdon Within Thomas Webber, Esq., 82 & 83, Lombard Street. Deputy of the Ward of Langbourn. Sir John Bennett, Knt., 04 & 65, Cheapside, Knight. E.C. 30 Joseph Gosling Arnold, Esq., 38. King William Deputy of the Ward of Street. Bridge. George Walter, Esq., 122, Fleet Street, E.C. ... Deputy of the Ward of Farringdon Without. Petition of Ajipeal. 10 Appendix c. George Fisher, Esq., 150, Leadenhall Street ... Deputy of the Ward of ^0- '■ Lime Street. John King Farlow, Esq., 118, Cannon Street ... Deputy of the Ward of Candlewick. Thomas White, Esq., 12, Dowgate Hill Deputy of the Ward of Dowgate. Eobert Stapleton, Esq., 62, Bishopsgate Street Deputy of the Ward of Without. Bishopsgate. Mr. Francis Farnan, jun., 9, Mincing Lane ... Merchant. Mr. Frank Green, 193, Upper Thames Street ... Merchant. 10 George Pepler, Esq., 1, Noble Street ... ... Deputy of the Ward of Aldersgate. James Harvey, Esq., 57, Eed Cross Street ... Deputy of the Ward of Cripplegate Without. 3. The Charity Commissioners fur England and Wales acting under the authority of the above mentioned Acts in March One thousand eight hundred and eighty-five published a draft Scheme for the administration of the above mentioned Foundation and the endowments thereof other than certain endovr- ments specially excepted from the said Scheme and set forth in Schedules A and B thereto. The said Scheme was amended and as amended was in March 20 One thousand eight hundred and eighty-six submitted to the Committee of Council on Education for aj^proval and they on the sixteenth day of June One thousand eight hundred and eighty-eight approved thereof and caused the same so approved to be published. 4. Your Petitioners feel aggrieved by the said Scheme on the ground that the said Scheme is not within the scope of or made in conformity with the said Endowed Schools' Acts in the following, amongst other, respects : — That is to say— A. — It purports to include and to deal with endowments which being non- 30 educational endowments are applicable or applied to other charitable uses and which endowments under no circumstances can be diverted by the said Scheme from such uses. 11 B. — It purports to deal with endowments for teaching particular professions which by the said Act of 18G9 are exempted from the powers of the Charity Comnaissioners. C. It purports to deal without the assent of the Governing Body (Avhich has not been given) with endowments or parts of endowments whicli by the Endowed Schools' Act 1869 are exempted from the powers of the Charity Commissioners as having been originally given to charitable uses less than 50 years before the commencement of the said Act. 10 D. — It purports to deal with endowments given to the said Foundation since the commencement of the Endowed Schools' Act 1809 and also with advowsons and rights of presentation to livings belonging to the said Foundation. E. — It purports to abolish the present Governing Body notwithstanding that the bulk of the property or endowments of the said Foundation consists of mixed endowments and that the proportion thereof which is non-educational and is applicable to other charitable uses exceeds one-half of the whole endowment. F. — It contains provisions with respect to religious education which are 20 not in conformity with the express terms or the meaning and intention of the said Endowed Schools' Acts. 5. Your Petitioners also feel aggrieved by the said Scheme on the ground that the Charity Commissioners have thereby wrongly decided with respect to matters which in certain cases they are under the said Act of 1869 empowered to decide subject to appeal— namely — (1) As to the proportion of mixed endowments properly attributable to educational and other uses respectively (2) As to cases in which endowments less than 50 years old are to be held to have become so mixed with old endowments that they cannot be separated and (3) As to the apportionment of old and new endowments. 30 6. Your Petitioners also feel aggrieved by the said Scheme on the ground that due compensation has not been made for the vested interests of your Petitioners, wiio hereby petition individually, and of the donation Governors and others in respect of rights of Patronage and of presentation and otherwise. Appendix C. No. 1. Petition of Appeal. 12 Appendix C. Ko. 1. Petition of Appeal. 7. Your Petitioners also feel aggrieved by the said Scheme on the ground that due regard is not thereby had to the educational interests to which regard is required by the said Acts to be had in relation to the educational advantages of particular classes of persons including (amongst others) the poor and also the Parishioners or inhabitants of certain Parishes within the City of London. YOUR PETITIONERS therefore humbly pray that Your Majesty in Council will be graciously pleased to with- hold your approval from the said Scheme. And Your Petitioners will ever pray, &c. 10 Examined. (Sgd.) H. HoMEWooD Crawfoed, City Solicitor, July 26th, 1888. P. De Keyser, Lord Mayor. William Lawrence (Aldn.) James Clarke Lawrence (Aldn). Andi-ew Lusk (Aldn). W. J. R. Cotton (Aldn). F. Wyatt Truscott. Henry E. Knight. Reginald Hanson. Henry A. Isaacs. E. J. Gray. P. Cowan. Geo. Rob. Tyler (Aldn.) Joseph Renals. Thos. Gabriel (Aldn.) Thomas Dakin. D. H. Stone. Thomas Scambler Owden. J. Whit taker Ellis. R. N. Fowler. James Whitehead. Joseph Savory. David Evans. Stuart Knill. Walter H. Wilkin (Aldn.) 20 Thomas Webber. George Fisher. Thomas White (Deputy). Francis Faruan, Jr. Geo. Faudel Phillips. George Walter. J. K. Farlow. Robert Stapleton (Deputy). Frank Green. James Harvey (Deputy). 30 13 EXTRACTS FROM 1880 SCHEME OF CHARITY COMMISSIONERS. Appendix C. No. 2. Extracts from 1880 Scheme of Charity Commissioners. 93. Tli(i subsisting rights of Her Majesty in respect of any patronage or presentation shall remain uiiaifected bv this Scheme. Subiect thereto and to Distribution of ■ _ "" _ presentations. the saving herein-before contained of the rights of boys and girls who were on the day of publication of this fScherae on the Foundation, and to the provisions herein-after contained, the 400 places in the Lower School for boys and the '2,00 places in the Lower School for girls shall, from and after the date of this Scheme, be distributed as follows, that is to say, there shall be allotted to poor children to be presented by the under-mentioned persons and bodies the number of places in the said Schools respectively set opposite to the names 10 <*f such persons and bodies respectively in the following table : — Children to be presented by The President of the Foundation for the time being - The Lord Mayor and his successors in office - - - Aldermen of the City of London ----- Common Council Governors of the Foundation Donation Governors and Governors by Special Yote - Electors for St. Diinstan in-thc-East 20 30 In respect of John FoM'ke's Trust. In respect of John Phillips' Trust. In respect of Giles Eussell's Trust. Boys' School. Girls' School 1 1 2 2 34 Ki 8 4 270 130 1 1 Electors for All Hallows, Barking - 1 Electors for Barking, in the county of Essex - - - - 1 Electors for Woodford, in the same county - - . - - 1 Electors for St. Catherine Cree, or Christ Church . - - 1 Electors for St. James, Garlickhithe 1 Master and Wardens of the Cooks Company . - . - 1 Electors for Sherborne, in the county of Dorset - - - - ] Electors for St. Ann, Blackfriars - 1 Electors for St. James, Clerkenwell - 1 14 Appendix C. No. 2. Extracts from 1880 Scheme of Charity Commissioners. Children to he presented by Boys' Girls' School. School. In respect of John Smith's Trust. In respect of John Stock's Trust. In respect of Thomas Webb's Trust. In respect of Walter Woodward's Trust. In respect of John and Frances West's Trust. In respect of Thomas Guy's Trust. 1 9 ( Electors for Great St. Helen, Bishops- \ gate ----- 1 { Court of Assistants of the Drapers' I Company - ... 1 Electors for Clu'ist Church, Newgate Street 1 Electors for St. Leonard, Shoreditch Electors for St. Bride, Fleet Street - Electors for St. Stephen, Coleman Street Electors for St. Luke, Old Street ^ Electors for Eeading, in the county of Berks, or such enlarged area as may be substituted for Eeading by a Scheme to be framed by the Charity Commissioners under the above-named Acts for the future administration of the said Trust 18 1(1 Electors for Newbury, in the same county, or such enlarged area as may be in like manner substituted for Newbui'y - - - -IS lU Electors for Twickenham, in the county of Middlesex, or such en- larged area as may be in like manner substituted for Twicken- ham 9 5 Governors of Guy's Hospital - 10 20 30 15 In respect of Thomas Hanbey's Trust. In respect of William Stoddard's Trust. In respect of the Grocers' Company's donation of £10. 000 10 Government Stock and the Trust thereof. Children to be presented ty I Court of Assistants of the Iron \ mongers' Company Boys' Girls' School. School. Court of Assistants of the Skinners' Company . - - - Court of Assistants of the Grocers' Company . . - - To provide for the rights of Her Majesty as aforesaid, and subject thereto for the purposes mentioned in the proviso next herein-after contained - - - - Appendix C. No. 2. E.xtracts from 1880 Scheme of Charity Commissioners . Total - 400 200 Provided always, that subject to the exercise of the said subsisting rights of Her Majesty (for which not more six places in all will be required), two of the twelve places allotted in the above table to provide in the first instance for such rights, and remaining vacant after the exercise thereof, shall 20 be filled by presentations to be made by the Council of Almoners in execution of the trusts of the Will of Thomas Lockington, dated the ISth day of April 1716, for taking into the hospital two poor children of his relations, and for want of such then two of his surname, and for want of such, then two poor children of freemen inhabiting within the parish of Saint Mary Magdalen, Old Fish Street, to be bred up there until they should attain the age of fifteen years, which said trusts shall continue in force until the 1st day of January 1900 and then be determined, and tlie endowment fur the said purposes given by the said Will shall then be subject to the general provisions of this Scheme. The remaining four of the said twelve places remaining vacant as aforesaid 30 shall be allotted as follows :— one to poor children to be presented in respect of John Lock's Trust, by electors for St. Martin, Ludgate, St. Michael, Bassishaw, and St. John, Walbrook respectively, such bodies presenting in rotation as the Council of Almoners shall direct ; one to poor children to be presented in Appendix C. Xo. '2. Extracts from 1880 Scheme of Charity Commissioners. 16 respect of Christopher Clarke's Trust, by electors for St. Luke, Old Street, and Whitechapel respectively, such bodies presenting alternately as the Council of Almoners shall direct ; one to poor children to be presented in respect of Sir George Fettiplace's Trust, by electors for Swiubrook, in the county of Oxon ; and one to poor children to be presented in respect of Daniel Westall's Trust by the Court of Assistants of the Mercers' Company. Provided also, that the trusts annexed to the educational endowment founded by Thomas Stallard Penoyre, settled by the Scheme relating thereto, confirmed by an Order of the High Court of Chancery, dated the 22nd day of February 1844, shall remain subject to the provisions of that Scheme and 10 Order until the expiration thereof on the 1st day of January 1884, when such endowment shall fall into and form part of the General Fund and be subject to the general provisions of this Scheme. Provided also, that the Charity Commissioners may make Orders from time to time upon such application made to them for the purpose as they may think sufficient for regulating the number of places to be allotted to all or any of the above-mentioned special Trusts in proportion as nearly as may be to the income for the time being derived from endowments originally made applicable exclusively to such Trusts respectively. Provided also, that if the income of the General Fund, apart from 2(1 income of endowments originally made applicable exclusively to special Trusts shall at any time be found inadequate to provide for all the purposes of this Scheme, not provided for by the said endowments or chargeable on any other Fund, then and in every such case the Council of Almoners may diminish rateably the number of places allotted to the Aldermen, the Common Council Governors, and the Donation Governors and Governors by Special Vote respectively. Provided lastly, that every Donation Governor and Governor by Special Vote shall, immediately on his election, be entitled to present a boy or girl, as he may think fit ; but if the admission of such boy or girl shall increase 30 the number of boys or girls for the time being in either School admitted on presentation by such Governors beyond the normal number for such School of boys or girls so admitted, no further presentations shall be made to such 17 School by Donation Governors or Governors by Special Vote (except undev Appentoc. this proviso), until the excess of number shall have been abated. kmIL isso Scheme of Chai'ity t'oiiniiissionei'8. Save as is in this clause before provided no claim shall be made against the Foundation, or any of the endowments thereof, or otherwise, in respect of any of the Trusts in this clause particularly mentioned. And no claim shall be made against the Foundation, or any of the endowments thereof, or otherwise, in respect of any of the Trusts of which short particulars, with the names of their respective founders and dates of foundation, are set forth in Schedule E. hereto. 10 94. The presentations by the Electors for the several parishes and areas J-^-^^^^f^y in the above table referred to shall be made in accordance with the provisions eompunies. of Schemes framed or to be framed by the Charity Commissioners under the above-named Acts for the future administration of the Trusts in the said table referred to respectively, and until such Schemes are framed the said presenta- tions shall be made by the same bodies as have been heretofore accustomed to present in respect of the same Trusts, and in accordance with the regukitions hitherto affecting presentations made by such bodies respectively, so far as such regulations are not inconsistent with the provisions of this Scheme. ^ , , ... p oil- „ Issue of presentations Q5 As vacancies occur in the Lower Schools presentations tor tilling and regard for vested , T .-ji 1 u. t +„ ^\.r. interests of patrons. 20 them up shall be issued to the persons or bodies entitled to present to the places vacated according to the above table in such manner and at such times as the Council of Almoners shall from time to time direct. Provided that in issuing such presentations the Council of Almoners shall, as far as possible, respect the rights of patronage which were, on the 2nd day of August 1869, exercised by any Governor in consequence of any gift or donation made by him. 113. The parent or guardian of, or person liable to maintain or having ^}^'^J^'^ the actual custody of, any scholar attending any School of the Foundation as a ^-truetion and day scholar may claim, by notice in writing addressed to the Head Master or 30 Head Mistress of such School, 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 worshij., 18 Appendix c. or from any lesson or series of lessons on a religious subject, be deprived of No. 2. any advantage or emolument in the School or out of the endowments of the Scheme of Charity Foundation to which he or she would otherwise have been entitled. Commissioners. If the parent or guardian of, or person liable to maintain or having the actual custody of, any scholar who is about to attend any School of the Foundation, and who but for this clause could only be admitted as a boarder, desires the exemption of such scnolar from attending prayer or religious worship, or from any lesson or series of lessons un a religious subject, but the persons in charge of the boarding houses of the School are not willing to allow such exemption, then it shall be the duty of the Council of Almoners to make 10 proper provisions for enabling the scholar to attend the School, and have such exemption as a day scholar without being deprived of any advantage or emolu- ment to which he or she would otherwise have been entitled. If any teacher in the course of other lessons at which any scholar exempted under this clause is iu accordance with the ordinary rules of the 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 Council of Almoners 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 20 circumstances, and if the complaint is judged to be reasonable make all proper provisions for remedying the matter complained of. Religious instiniction . 111. Subject to the foregoing provisions, religious instruction in accordance with the doctrines of the Church of England shall be given in each School of the Foundation under such regulations as shall be made from time to time by the Council of Almoners. 19 SCHEDULE E. (Clause 93.) Trusts with Provisions for Admission of Children in respect of WHICH NO Claim is to be hereafter made. Ai)i)endix C. No. 2. Extracts from 1880 Scheme of Charity ( Vnmnigsioners. Name of Foundors anil Dates of Foundation. Short Particniars of Endo^vTnent and Trusts. Mark Quested - 1642 10 Jdlm Browne 1662 William Tiidman Thoma.s Cowley 1662 1711 20 James, Viscount Lauesborougli George Butteris 30 Edmund Tew Vincent Phipps • Richard Stratton 1722 1763 1770 1772 1772 40 Annuity of £40 for maintenance of 10 poor sons of freemen of the Fishmongers' Company in perpetuity. Under an agreement the Company have paid in lieu of tliis annuity the capital sum of £200, and an annuit}- of £25 only, and the Hospital has maintained six children hitherto. Legacy of £400 on tru.st to maintain three children in perpetuity, one from precinct of AVhitefi-iars, one from St. Dunstan-in-the-West, and one from the Lord.ship of Finslniry, in tlie parish of St. Giles', Cripplegate, now St. Luke, Old Street. Legacy of £100, on trust, to take one child in per- petuity from St. Mildred, Poultry. Devise of the reversion of a Inuise in Cheapside, London, to the Governors of the Hospital, and the testator's Will was that when the lease is expired th(\y shall take two children out of Don- ningtnn that should be presented by the vicar, churchwardens, and overseers. When the lease expired two children, presented as directed liy the Will nere admitted. Legacy of £300 for maintenance and education one boy in the mathematical school. of Becj[ue.st of residue, which amounted to £546 5s. Id., on trust to maintain one boy in perpetuity from All Saints, Hertford. Legacy of £2000 on trust to educate three orphans or sons of poor clergymen of the Church of Eng- land in perpetuity, to be presented bj' founder's family or on default by the treasurer. Legacy of £1000 on trust to take one fatherless child in perpetuity from St. ilary Magdalen, Oxford, and Cowley, near Oxford, alternately. Only £700 of this legacy was ever paid. Legacy of £500 on condition that the Hospital should from time to time admit a poor boy from Princes Eisboroua'h. 20 Appendix (J. Xo. 3. Correripoii'li-nce Ijc- twocn City Solicitor and Sccrutiirv to Charity Com- missioners. COERESPONDENCE between the City Solicitor and the Secretary and Solicitors to the Charity Commissioners. Guildhall, London, E.G., October 19th, 1885. Sir, CHRIST'S HOSPITAL SCHEME, No. 537. I send herewith the Objections of the Corporation of London and of all the Corporation Governors (save two) to the Draft Scheme for Christ's Hospital. The two Corporation Governors who have not signed are Sir Jolm Bennett who for reasons of his own desires to Avithhold his signature and 10 Mr. Eichard Grant who is seriously unwell at Bournemouth. Your early acknowledgment of the receipt of the Objections will oblige. I am. Sir, Your obedient Servant, Sir H. M. Vane. H. HOMEWOOD CRAWFORD. C'hARITY C03[iIISSI0N, Whitehall, S.W., 8th March, 1886. Sir, E. CHRIST'S HOSPITAL. In forwarding to you for the information of the Corporation of the City of London and the Corporation Governors a copy of the Scheme for Christ's Hospital in the form in which it has this day been submitted to the Committee of Council on Education, I am directed to say with reference to your communication of the 19th of October last that it was duly considered by the Board but that the Commissioners upon consideration of all the representations made to them with respect to the published draft Scheme have not found themselves able to accept proposals involving any large alterations therein. At the same time it will be obseiwed that certain modifications in matters of detail have now been introduced. I am. Sir, Your obedient Servant, D. R. FEAROX, The City Solicitor, Acting Secretary. Guildhall, E.G. 20 30 21 Guildhall, London, E.G., Appcndi>L c. 9th March, 1886. >•'"• ^- ( >oiTesj)ondcm'e be- twuen City Solicitor Sir, and Secretary to ENDOWED SCHOOLS' ACT. Sner^s""' CHRIST'S HOSPITAL. E. I am in receipt this luorning of your comraunicatiou of yesterday's date forwarding me for the information of the Corporation of the City of London and the Corporation Governors a copy of the Scheme for Christ's Hospital in the form in which it has heen submitted to the Committee of Council on !<• Education. I shall be glad to hear why your Board have deemed it unnecessary to hear me in support of the Objections forwarded on the 19th October last before coming to the determination your Board have arrived at. I shall also be glad to hear whether any kind of enquiry has been instituted by your Board beyond the consideration — in the absence of the parties submitting them — of the various Objections against the original Scheme which have been lodged with your Board. Awaiting the favour of an early reply, I am. Sir, 20 Your obedient Servant, H. HOME WOOD CRAWFORD. The Secretary, Charity Commission, Whitehall, S.W. Charity Commission, W^hitehall, S.W., 12th March, 1886. Sir, .30 ENDOWED SCHOOLS' ACT. E. CHRIST'S HOSPITAL. Your letter of the 9th inst. has been laid before the Commissioners and I am directed to say in reply that no request having been made for an oral hearing in support of the Objections forwarded by you on the 19th October last the Commissioners did not see any occasion for your attendance for that Appendix C. No. 3. Correspondence be- tween City Solicitor and Secretary to Charity Com- missioners. 22 purpose I am to add that enquiry has from time to time been made by the Commissioners on all points on which it appeared desirable to supplement the information already at their disposal. I am, Sir, Your obedient Servant, D. E. FEAEON. Acting Secretary. The City Solicitor, Guildhall, E.C. Guildhall, London, E.G., 15th March, 10 1880. Sir, EJ^DGWED SCHGGLS' ACT. CHRIST'S HOSPITAL. E. I beg to acknowledge the receipt of your communication of the 12th inst. and in reply need only to say that the Gbjections lodged by me on behalf of the Corporation Governors with your Board clearly on the face of them shewed that further investigation at the hands of the Commissioners was required, as also an opportunity to be heard before your Board in support of their Objections, sought by those advising the Corporation Governors. 20 I may perhaps be pardoned for remarking in connection with the con- cluding portion of your letter that although you say '• enquiry has from time " to time been made by the Commissioners on all points on which it appeared " desirable to supplement the information already at their disposal " it is somewhat inexplicable to me that no information has been sought from the Corporation of London or from those who advise the Corporation in the matter. However, ample opportunity will of course be afforded the Corporation Governors to press forward their Objections, in another place. I am, Sir, Your obedient Servant, -^0 H. HOMEWOOD CEAWFOED. The Acting Secretary, Charity Comhission. 23 66, Lincoln's Inn Fields, Appendix c. London, W.C, ^ ^°\ ^- ^ ' ' Uorrespondenee be- March 1st, 1889. tween city Solicitor -p. rj ' and Solicitors to JJEAR bIR, Charity Com- CHRIST'S HOSPITAL. missioners_ It appears that some time must still elapse before Messrs. Boachcrot't Thompson & Co. will be in a position to furnish you with a proof of their Appendix as agreed to with us. We do not know what documents you will require to print in your own 10 Appendix outside that of Messrs. Beachcroft & Co., except the Petition ; but Messrs, Beachcroft & Co. have suggested that it will save time if each Petitioner will commence the printing of his Appendix at once. Perhaps you will kindly think the matter over and if necessarv speak to Messrs. Beachcroft & Co. about it. "We recently gathered from a conversation we had with Mr. Hay that the point raised in the Petition with regard to the Eoyal Mathematical and Nautical School would not be proceeded with ; and we have this morning received a letter from Messrs. Beachcroft & Co. confirming this so far as their Clients are concerned. May we ask if your Clients propose, on the hearing of 20 their Petition, to raise any question with regard to the School in question ? You will kindly understand that our only object in asking this question is to prevent unnecessary expense and obviate the necessity of our getting up evidence to support the Commissioners' Scheme on a point which will not be touched upon. Yours truly, FARRER & CO. Thk City Solicitor, Guildhall, E.C. Guildhall, London, E.C, 30 March 2nd, 1889. Dear Sirs, CHRIST'S HOSPITAL. I am in receipt of your letter of yesterday's date. I cannot quite under- stand how it can in any way be considered desirable convenient or even practicable for each Petitioner to commence the printing of his Appendix at once, having regard to the fact that until the proposed Joint Appendix has been submitted to the various Petitioners, other than the Governing Body of the Hospital, and which Petitioners are to be at liberty to refer to and use such 24 Appendix C. No. 3. Correspondence be- tween City Solicitor and Solicitors to Charity Coni- niissionci'S. Joint Appendix, it is impossible to know whether much additional matter will have to be printed in the form of Separate Appendices. I will take an opportunity of writing Messrs. Beachcroft & Co. on the subject. With regard to the point raised by some of the Petitioners in connection with the Eoyal Mathematical and :Xautical School I do not think it is the present intention of my Counsel to go into this matter ; but I Avill take an early opportunity of conferring with them upon it and I will subsequently conmiunicate with you. Believe me, Yours faithfully, Messrs. Farrer & Co. H. HOMEWOOD CEAWFOKD. 10 Guildhall, London, E.C, March 2-Jud, 1889- Dear Sirs, CHRIST'S HOSPITAL. Adverting to your letter of the 1st instant it is )wt the intention of the Coi-poration to make any point in regard to the Eoyal Mathematical and Nautical School. You will doubtless have noticed in our Petition that following upon the Objections presented against the Scheme we have inserted a Clause in regard 20 to the rights of presentation of certain City Parishes, which are improperly interfered with. To save expense to the Parishes concerned, the Corporation are taking up this point on their behalf and I desire to know whether you will admit in my Separate Appendix, extracts from the several Wills and Deeds under which such rights have accrued to the several Parishes Avithout the necessity for formal proof? I do not see that the Charity Commissioners can be prejudiced in any way by this, and your acquiescence in my adopting the course named of simply giving extracts will undoubtedly save much expense. With regard to the endowments by the Corporation itself and by individual members of the Corporation, I presume you will be prepared to 30 admit particulars of these in my Separate Appendix without the necessity fur formal proof, inasmuch as the question will resolve itself into one of prinriple rather than one of amount. Awaiting the favour of your reply, I remain. Yours faithfully, Messrs. Farrer & Co., H. HOMEWOOD CEA WF( )EI). 60, Lmcoln's Inn Fields, W.C. 25 G6, Lincoln's Inn Fields, Appendix c. London, W.C, correspondence be- 28tll March, 1889. tweon city solicitor ' and !>olicitors to Charity Com- Dear Sir, missioners_ CHRIST'S HOSPITAL. "We are in receipt of your Letter of the 22iid instant, for which we are much obliged. We have no objection to admit the Extracts from the Wills and Deeds referred to by you under which rights of presentation are alleged to have 1 ( ) accrued to certain City Parishes without formal proof provided that our so doiug is understood to be without prejudice to any question which may arise as to the locus standi of tbe Corporation with respect to the claims in question. We ought to be satisfied of the substantial accuracy of the particulars of the endowments mentioned in the last paragraph of your letter, Ijefore admitting them. We are. Dear Sir, Yours truly. The City Solicitor, FAEREE & CO. Guildhall, E.C. Guildhall, London, E.C, 20 March 29th, 1889. Dear Sirs CHRIST'S HOSPITAL. 39 I am obliged to you for your letter of yesterday's date. It is, of course, quite understood that, by agreeing to admit the extracts from the Wills and Deeds under Avhich rights of presentation have accrued to certain City Parishes, von do not waive your light to object to the locus stuiuU of the Corporation with respect to these claims, in case you should be ad\ised to raise the objection. I do not think there will be any difficulty in satisfying you as to the accuracy of the particulars of the Endowments by the Corporation, or by individual members of that body, without the necessity of formal proof. Yours faithfully, H. HOMEWOOD CRAWFORD. Messrs. Farrer & Co. , 26 Appendix C. Xo. 3. Correspcjndfnce be- tween City Solicitor and Solicitors to Cliiirity Com- missioners. Guildhall, London, E.G., April (3th, 1889. Dear Sirs, Re CHEIST'S HOSPITAL. I am desirous of setting out in my Appendix a small portion of the 1880 Scheme. Have I your consent to limit my extracts to those portions which I consider affect some of the points raised by me, or do you require me to set out the whole Scheme ? Mr. Beachcroft writes me that it will be necessary for him to set out in his separate Appendix various extracts from the Eepertories and Journals of 10 the Corporation and which extracts would also apply to my case. Obviously it would be a saving of expense if I had liberty to refer to those extracts instead of reprinting them as part of my Appendix and I trust you will see your way to assenting to this course being adopted, subject of course to formal proof being given as to the correctness of the extracts. Believe me, Yours faithfully, H. HOMEWOOD CEAWFORD. Messrs. Farrer & Co. Dear Sir, 66, Lincoln's Inn Fields, londox, w.c, April 8th, 1889. Re CHEIST'S HOSPITAL. 20 Eeferring to your letter of the 6th inst. we do not imagine that there would be any objection to your setting out in your Appendix any extracts you may require from the Commissioners' Scheme of 1880, subject of course to the provisions of our letter of the 28th ulto. It may however be necessary for us, when we know what you propose to insert in the Appendix, to make additions to the same on behalf of the Commissioners. We hope very shortly 30 to be furnished with a proof of your Appendix. It was understood at the meeting at the Privy Council Office on 28th January last that all parties were to be at liberty to refer to the Appendix 27 now in course of being prepared by Mr. Beachcroft and ourselves, on the Appendix c. understanding that any party doing so would bear a proportion of the cost. No. 3. Correspondence be- tween City Solicitor We are, Dear Sir, ^"^ Solicitors to -) -^^"i ■-^^'■5 Charity Com- Yours truly, missloners. The City Solicitor, FAERER & CO. Guildhall, E.C. Guildhall, London, E.G., April 9th, 1889. Dear Sirs, 10 CHRIST'S HOSPITAL. I am obliged to you for your letter of yesterday's date. I shall be happy to forward you a proof of my proposed Appendix the moment I am in a position to complete the same, but it is impossible for me to complete it until the joint Appendix now in course of preparation by Mr. Beachcroft is completed. I am quite aware of the understanding arrived at, at the Privy Council Office, on the 28tli January last. Yours faithfully, H. HOMEWOOD CRAWFORD. 20 Messrs. Farrer & Co. Guildhall, London, E.C, April loth, 1889. Dear Sirs, CHRIST'S HOSPITAL SCHEME. I have this morning had an interview with Mr. Hay of Messrs. Beachcroft & Co. and he informs mo tliat he has arranged with you to print certain matter, which you do not admit, and which is not to be included in the joint Appendix, in a separate volume to be called Yol. 2 of the Appendix. As such separate volume will contain matter to which I desire to refer, and it is obviously 30 undesirable to incur the expense of reprinting the same by way of separate Appendix C. No. 3. 28 Appendix, I shall be glad to hear whether I have your assent to refer to both the joint Appendix and Vol. 2, or whether you will require me to set out in tw^rcitySdicito'i- my Appendix such matter as may be referred to in the Appendix of Messrs. and Solicitors to ti i, i?i- t ■ j j. • j. o Charity Com- xJeachcrott as i cousider appertains to my case : missioners. I should also like to have an understanding with you in regard to the binding of my case and Appendix. Inasmuch as my case will refer to the above mentioned Joint Appendix and Vol. 2 I shall be glad to know whether you would prefer that I should bind up with my case such portions of the Joint Appendix and Vol. 2 as relate to my case, or whether I may be at liberty to refer to the entire Case and Apjiendiees as put in by Messrs. Beacheroft 10 who represent the principal Petitioners ? As time is pressing I shall be glad to hear from you at your earliest convenience ; and should there be any point upon which you desire information perhaps you will kindly intimate the same to me in order that I may if possible furnish you with the required information. Believe me, Yours faithfully, H. HOMEWOOD CEAWFORD. Messrs. Fareer & Co. Dear Sir, CC), Lincoln's Inn Fields, London, W.C, 16th April, 1889. CHRIST'S HOSPITAL. 20 Referring to your letter of yesterday's date the Appendix in two Volumes which we are arranging with Messrs. Beacheroft & Co. is one which can Scarcely be looked upon as a Joint Appendix inasmuch as neither Messrs. Beacheroft & Co. nor ourselves admit the documents in the strict sense as evidence although we agree that they may be taken by the Judicial Committee for what they are worth. It is only a matter of convenience that the 30 Appendix is in two Volumes, but both Volumes are on the same footing. It will be quite open to you if you come to an arrangement with Messrs. Beacheroft & Co. to make what use you like of their Appendix, subject of course to the mutual understanding which has been arrived at between Messrs. Beacheroft & Co. and ourselves. 29 Besides the Appendix there will be the two Charity Commissioners' Appendix c. Reports of 1837 and 1862 which are to be considered as incorporated with it. No. 3. Correspondence be- We do not think that it will under the circumstances be necessar}' fur tween city Solicitor Ti • r nr T-I101 '"''^ Solicitors to you to bind up in your Appendix the portions of Messrs. Beachcroit s chanty Com- . missioners. Appendix which you may wish to use. — We shall be extremely obliged if you will let us have, at once if possible, a proof of your proposed Appendix. Yours truly, FARRER & CO. 10 The City Solicitor, Guildhall, E.C. Guildhall, London, E.C, April 17th, 1889. Dear Sirs, CHRIST'S HOSPITAL. I am obliged to you for your letter of yesterday's date. I quite under- stand that the two volumes of the Appendix are to be used before the Judicial Committee for what they may be worth and I am much obliged to you for agreeing to my suggestion that I should be at liberty to refer to them to save the necessity for extracting any portions and binding up such extracts in my 20 Appendix. I shall not be able to let you have a proof of my proposed Appendix until about Monday week as my papers are still before Counsel and the Easter Holidays will cause some little delay. Have you not made a mistake in your reference to one of the Charity Commissioners' Reports ? I can find the report of 1837, and one of 18G5, but I can find no report in 1862. Yours faithfully, H. HOMEWOOD CRAWFORD. 20 Messrs. Farrer & Co. 30 Appendix C. No. 3. Correspondence be- tween City Solicitor and Solicitors to Charity Com- missioners 66, Lincoln's Inn Fields, London, "W.C, April 18th, 1889. — ^ Dear Sir, CHEIST'S HOSPITAL. We hope you will be able to let us have a copy of your proposed Appendix either in print or in manuscript before the day named in your letter, as otherwise it will leave us no time to obtain the documents, if any, which our Counsel on reading the Appendix may advise us should be inserted on behalf of the Commissioners. 10 As you are aware, the hearing is fixed for the 28th proximo and the Eegistrar of the Privy Council requires all papers to be lodged with him at least a week before that day ; and it must be borne in mind that the Appendix has to be finally settled between us, printed, and bound, before lodgment. The Charity Eeport of Mr. Hare in the Charity Returns of 18G5 is the Report refeiTcd to. Yours truly, The City Solicitor, FAREER & CO. Guiklhall, E.C. # # * * * * Guildhall, AprU 24th, 1889. 20 Dear Sirs, CHRIST'S HOSPITAL SCHEME. In reply to your letter of yesterday's date, I regret I cannot forward you a proof of my proposed Appendix before Monday next but as it contains very little more than what you have already been made acquainted with through the proposed Joint Appendix I think you will have little difiiculty in arranging as to what you may require bound up with my Appendix. Messrs. Farrer & Co. Yours faithfully, H. HOME WOOD CRAWFORD. <^1 EXTRACTS from Wills and other Documents relating to Appendix r rights of presentation of various City Parishes, and no. 4. . Extracts from Wills. Affidavits verifying same. &c relating to rights v O of City Parishes and Affidavits vcrif j-ing AFFIDAVIT OF DANIEL STOCK, filed on behalf of the Appellants The Mayor, &c., of London. m tftc i^vibji ©ounctL IN THE MATTER OF the Foundation known as the Hospital of Edward late King op England the Sixth of Christ commonly called CHRIST'S HOSPITAL and 10 IN THE MA.TTER OF THE ENDOWED SCHOOLS' ACT 18G9 and amending Acts AND IN THE MATTER OF a SCHEME made by the Charity Commissioners under the said Acts intituled " A Scheme for the Administration of the above mentioned Foundation." I Daniel Stock of 171 Queen Victoria Street in the City of London Solicitor (i-) Affidavit of Daniel make oath and say as follows — stock. 1. I am Vestry Clerk of the Parish of St. Ann Blackfriars in the said City of London and as such have in my custody a brief Copy Extract from 20 the Will of Giles Russell dated the 29th August 16G4 which has been in my possession for some 8 years and was handed over to me by my predecessor in /)ffice and uuder which the said Parish claims and exercises certain rights of presentation to Christ's Hospital. 32 Appendix c. 2. The paper writing now produced and shewn to me and marked D.S. ^'o- •'• is a true and correct copy of such Extract coneeruino; the benefaction of the Extracts from W ills, ■*■ '' _ ° _ &c.,reiatinp; to rights gaid Giles Russell to the said Parish and in respect of which the said rights of of City Parishes and _ Affidavits verifying presentation are enjoyed. same. (No. 1.) Affidavit of Daniel 3. I have also in my custody as such Vestry Clerk as aforesaid the — Benefaction Book of the said Parish dated 1S38 which contains the following entry relating to the above mentioned benefaction viz. — GILES RUSSELL'S BEQUEST. This benefaction which is derived under the Will of Giles Eussell Esq. dated 29th of August 1GG4 consists of a right on the part of the 10 Churchwardens and Overseers of this Parish to have continually three poor children of the Parish maintained and educated in Christ's Hospital. The terms of the Bequest are as follows viz. — The Testator constituted Thomas Gouge and others his Trustees and iipon trust that the said trustees and their heirs should from time to time and for all times for ever permit the President Treasurers and Governors of Christ's Hospital London to receive and enjoy the rents and profits of certain messuages lands tenements and hereditaments after the decease of his wife for the use of Christ's Hospital to the intent that tliej' the President Treasurer and Governors and their successors for ever should out 20 of the same educate and maintain in Christ's Hospital nine poor children to be taken out of three Parishes whereof three of them were to be taken out of the Parish of St. Ann Blackfriars London until the same children should accomplish their several ages of IG years. And then others to be taken out of the said Parish in their stead or in the stead of any of them which should first happen to die before the accomplishment of such age. And the said children to be taken out of the said Parish by the election nomination and approbation of the said trustees or any two of them. And after the decease of any five of the said trustees then he willed and ordained tliat the said poor children should from time to time 30 for ever be taken out of the said Parish by the election nomination and approbation of the Churchwardens and Overseers of the Poor of the said Parish for the time being or the greater part of them. Wherein he did appoint tliat the}^ shall in the first place have respect to and prefer such poor children of his kindred in the said Parish as the said Churchwardens and Overseers or the major part of them should find or judge to stand in need thereof. 33 The benefit of this charity continues to be enjoyed by this Parish who Appendix c. agreeably to it have always three children maintained and ^o- 4. educated in Clirist's Hospital until they respectively attain the age &c., renting to rights of IG on the nomination of the Churchwardens and Overseers. Affidavits veiifyliTg Sworn at 171 Queen Victoria Street in the City of London this 4th day of May 1889 Before me W. W. PALMER A Commissioner to Administer Oaths in the Supreme Court of Judicature zn England. Affidavit of Daniel Stock. ^ DANIEL STOCK. 10 The paper writing referred to in the Affidavit of Daniel Stock and marked D.S. D.S. Cn tftc }|Jiil)« CTounrd. In the Matter of Chrisfs Hospital. This is the paper writing marked D.S. referred to in the Affidavit of Daniel Stock sworn in this Matter this 4th day of May 1889 Before rae W. W. PALMER A Commissioner, Sfc. 20 A TRUE COPY of Mr. Giles Russell's Will so far as it (2.) concerns his Benefaction to the Town of Sherborne in the Russell's wiu' County of Dorset and St. Ann Blackfriars and St. James davit of Daniel stock Clerkenwell in the County of Middlesex. MOREOVER I give and devise to my trusty and well beloved friends Thomas Gouge of the Parish of St. Sepulchres London Clerk and William Jenkins of the Parish of Christ Church London Clerk Thomas Paul of Anne Blackfryers Citizen and Haberdasher of London Andrew Dacres Citizen and Painter Stainer of London John Charles of London Brewer and John Fisher of London Gentleman ALL and singular my messuages lands tenements and heredita- 34 Appendix c. meiits as well copyhold (which I have surrendered to the use of my last Will) as No. 4. freehold or charterhold situate in the County of Hartford or elsewhere in England &t^!retatin^oriIht3 wherciu I havc any estate of inheritance To have and to hold unto the said lafevitri'rtfylng'^ ThoHias Gouge William Jenkins Thomas Paul Andrew Dacres John Charles '*'''"•'• and John Fisher and their heirs and assigns shall permit and suffer my dear ^■•' and loving wife Milcah Eussell during her life to have and to receive the rents Extract from Giles .i,, ii t ii i -i-ii, Russell's Will and profits of the said lands and hereditaments so as she keep and maintain tne daAt of Daniel Stock same iu good and tenantable reparations from time to time with power to my said Trustees or the survivor of them (if they think fit to demise or let the same unto the said Milcah for 99 years if she so long live at the yearly rent of 10 a peppercorn and under such other covenants and conditions to restrain her and her assigns from waste and for keeping the premises in good reparations and conditions as the said Trustees or the survivor of them or their heii's shall think meet and after her decease then upon trust and confidence that they the said trustees and their heirs shall from time to time and at all times for ever permit and sufi'er the President Treasurer and Governors of Christ's Hospital in London commonly known by the name of the Mayor and Commonalty and Citizens of the City of London Governors of the possessions revenues and goods of the Hospital of Edward King of England the Sixth of Christ Bridewell and Saint Thomas the Apostle and their Successors for ever 20 Governors aforesaid To have receive take and enjoy the rents and profits of all and singular the said messuages lands tenements and hereditaments for the use of Christ's Hospital aforesaid and not otherwise To the intent and purpose that the said President Treasurer and Governors and their successors for ever shall out of and with the same rents issues and profits of the same lands tenements and hereditaments educate bring up and maintain in Christ's Hospital aforesaid nine poor children to be taken out of the Town of Sherborne aforesaid and the Parishes of Anne Blackfryers aforesaid and Saint James Clerkenwell in the County of Middlesex that is to say Three out of the said Town and Three out of the said Parishes until the same children shall 30 accomplish the several ages of sixteen years and then others to be taken out of the said respective Towns and Parishes in their steads or in the steads of any of them which shall happen to die or depart this mortal life before the accomplishment of such age and so from time to time to continue and maintain the education of such children for ever as my gift and also to place out the same children Apprentices if the rents issues and profits aforesaid shall be sufficient so to do and the overplus of the said rents and profits (if any be) to go and be for the use of the said Hospital of Christ for ever Provided always AND I ' DO HEREBY FURTHER DECLARE LIMIT APPOINT AND ENJOIN that the said nine poor children above mentioned to be taken out of the said 40 35 Town and Parishes shall be from time to time so taken out at the election ^ppendi^. c. nomination and approbation of my said Trustees or any two of them wherein ^^^^^J^^^'^ ^^^.^^^^ I appoint that they shall in the first place regard and prefer such poor childi-en ^^^-.-^^J^'jll^^j^^^^^f^*^ of my kindred in the said Town and Parishes as they the said Trustees or any Affidavits verifying: two of them shall find or judge to stand in need thereof And after the decease '*""■ — of any five of the said Trustees then I will and ordain that the said poor ^^^^^^^ ^^^l ^.^^^ children shall from time to time for ever be taken out of the said Town and KusseU's wm Parishes bv the election nomination and approbation of the Churchwardens Affidavit of Daniel ''■'•' ., . m 1 -r. • 1 r it. Stock & marked D.S and Overseers for the Poor of the said respective Town and Parishes tor the — 10 time being or of the major part of them wherein I appoint that they shall in the first place have respect to and prefer such poor children of my kindred in the said Town and Parishes as they the said Churchwardens and Overseers or the major part of them shall find or judge to stand in need thereof as aforesaid. The Will is dated the 29th of August 1604. and Proved the 15th March 1670. AFFIDAVIT OF HERBERT SIDNEY RUSSELL, filed on behalf of the Appellants The Mayor, &c., of London. |n t[jc §ril)]| Council. IN THE MATTEK OF the Foundation known as the Hospital of Edward late King of England the Sixth 20 of Christ commonly called CHEIST'S HOSPITAL AND IN THE MATTER OF THE ENDOWED SCHOOLS' ACT 1869 and amending Acts AND IN THE MATTEE OF a SCHEME made by the Charity Commissioners under the said Acts intituled " A Scheme for the Administration of the above mentioned Foundation." (3.) 1 Herbert Sidney Eussell of Guildhall in the City of London Clerk in the Affidavit of h. s. 36 Appendix C. No. 4. Extracts from Wills, &c., relating to rights of t^ty Parishes and Affidavits verifying same. (3.) Affidavit of H. S. Russell. Office of Henry Homewood Crawford of the same place City Solicitor make Oath and say as follows : — 1. On the Gth day of May instant I attended at the Office of the Clerk to Christ's Hospital in the said City and compared the paper writing now produced and shewn to me and marked H.S.E. 1 with an Extract from the Will of one Walter Woodward bearing date the 24th December 1653 set out on pages 251 and 252 of the "Book of Wills Deeds &c. 1552 to 1G49 " in the custody of the Clerk of the said Hospital under which Will the parishes of St. Bride Fleet Street and St. Stephen Coleman Street in the said City claim and exercise certain rights of presentation to the said Hospital and I say that -^" such paper writing is a true and correct copy of such Extract. 2. On the said Gth day of May instant I attended at the said Office and also compared the paper writing now produced and shewn to me and marked H.S.E. 2 with a copy of an Indenture dated the 25th September 1776 made between the Governors of the said Hospital and one John Smith set out on pages 324 to 326 of another " Book of Wills Deeds &c. 1654 to 1821 " also in the custody of the said Clerk and under which said Indenture the Parish of St. Helen's Bishopsgate in the said City claims and exercises certain rights of presentation to the said Hospital and I say that such paper Avriting is a true and correct copy of sucli Extract. 20 3. On the said Gth day of May instant I attended at the said Office and also compared the paper writing now produced and shewn to me and marked H.S.E. 3 with an extract from an Indenture of covenants bearing date the 20th January 1G34 made between the Executors of one John Lock and the Governors of the said Hospital set out on pages 232 and 233 of the said '• Book of Wills Deeds &c." referred to in paragraph 1 of this my Affidavit under which Deed the parishes of St. John the Baptist Walbrook St. Martin's Ludgate and St. Michael Bassishaw all in the City of London claim and exercise certain rights of presentation to the said Hospital and I say that such paper writing is a true and correct copy of such Extract. 30 Sworn at No. 90 Cannon Street in the City of London the Ttli dav of ]\Iav 1889 Before me SAMUEL CHESTEE IIEEBEET S. EUSSELL. A Cuinmissioner to Adminiittcr Oaths hi the Supreme Court of Judicature in England. j 61 The paper writing marked H.S.R.^ referred to in the Affidavit of Herbert Sidnei/ Appendix c. Russell. ^'o- ^• Extracts from Wills, HO "P ' &c.,relatingto rights IT xj I* '<. /-.» T .O.XV. of City Parishes an.1 gn tfjC l^X\\i}} CJ^OltnCtU Affidavits verifying In the Matter of Chrisfs Hospital. This is the paper writing marked H.S.R.' referred to in the Affidavit of Herbert Sidney Russell sworn before me in this Matter this 7th day of May 1889 SAMUEL CHESTER 10 A Commissioner, ^-c. 20 EXTRACT from the last Will and Testament of Walter (^0 Woodward late Citizen and Innholder of London bearing of\vaiter woodward date the 21th day of December in the year 1653. da^-i"of h. s. Russell and marked H.S.Ii.l " And as touching the disposing of my freehold messuages lands tenements and hereditaments I dispose and bequeath the same as followeth — I give and bequeath all those my two messuages or tenements by me lately erected and built with brick sitxxate aud being near Fleet Bridge in the Parish of Brides alias Bridg* near Fleet Street London now in the several tenures or occupations of Thomas Middleton and Robert Ward or their assigns with all and singular shops cellars sollars yards easements commodities and appurtenances of what- soever to the same messuages or tenements or either of them belonging or appertaining unto the Mayor Commonalty and Citizens of the City of London Governors of the Possession Revenues and Goods of the Hospital of Christ Church in London and their successorsfor ever Governors aforesaid Upon trust and confidence and to the intent and purpose that the said Governors and their successor for ever shall out of and with the rents issues and profits of the same messuages educate bring up and maintain nine poor children to be 30 taken out of the several Parishes of Bride alias Bridget near Fleet Street London St. Stephen in Coleman Street in London and that part of the Parish of Gyles without Cripplegate London which lieth within the County of Middlesex until the same children shall accomplish their several ages of sixteen years and then others to be taken in, in their steads or in the stead of any of them which shall happen to die or depart this mortal life before the accomplishment of such age and so from time to time to continue the 38 Appendix c. education and maintenance of such childi-en for ever as my gift And also to ^'o- 4- place out the same children Apprentices if the rents issues and profits aforesaid &c.,^eiatiiig to rights shall be Sufficient so to do And my Will and meaning is that of the said nine AffidaTits'^^rifying Children three out of every of the said last mentioned three Parishes shall be ^™*' taken into the said Hospital to be educated brought up maintained and placed (•*■) out as is aforesaid mentioned for ever." Extract from Will of Walter Woodward referred to in AUi- davit of H. 8. Hussell ^^^^— ^^_^^^^^^^^^^^^^— _^^^.^__^^^^_^^^^____^_^ and marked H. S.R.I The paper writing referred to in the Affidavit of Herbert Sidney Russell and marked H.S.R? H.S.R." jIn tjjt j^rtbjjj Cfotinrtl. 10 In the Matter of Ckrisfs Hospital. This is the paper writing marked H.S.E." referred to in the Affidavit of Herbert Sidney Russell sworn before me in this Matter this 7th day of May 1889. SAMUEL CHESTER A Commissioner, Sfc. JOHN SMITH'S CHARITY FOR THE BENEFIT OF THE INHABI- TANTS OF THE PARISH OF ST. HELEN'S BISHOPSGATE. '^•' By an Indenture dated 25th September 1776 and made between the 20 Abstract of Indenture . p t r-t- o -r t r~f tetween John Smith Mayor and Commoualty and Citizens of the City of London Governors of the Christ's Hospital said Hospital of the first part John Smith of Great St. Helen's in the City of davit of H. s. RusseU Loudou, Esquirc, of the second part Thomas Burf oot Treasurer and William Brockett and Thomas Misenor Governors &c. of the third part. After reciting that the said John Smith had transferred to certain trustees for Christ's Hospital the sum of £2500 Capital 3 per cent. South Sea Annuities of the year 1751 upon condition that the Governors of the said Hospital would pay to his nephew William Webber then living an Annuity of £100 for his life and after his decease to maintain and educate in the said Hospital two children perpetually to be taken out of the said Parish of St. Helen near Bishopsgate 30 Street London to be presented by a Public Vestry or by the major part of 10 39 the inhabitants present at such Vestry, It was witnessed that in consideration Appendix c. of such transfer the said Mayor &.c. covenanted with the said John No. 4. ^.-„ „, .-I. • 1 •! -ixT-iT \iT 1 1 J! Extracts from Wilis, Smith for payment of the said Annuity to the said Wilham Webber tor i-c, relating to rights his life. And the said Mayor &c. their successors &c. covenanted that they Affidavits veriWng would from and after the decease of the said William Webber for '*'""'^' ever maintain and educate in the Ilospital two poor chiklren of persons ^^^^^.^^^ of mden- who shall bo inhabitants of the said Parish of Great St. Helen to bo chosen by tm-e between John Smith and Governors the maioritv of a Vestrv of the said Parish and on the death or discharge or of Christ's Hospital •'•'•' _ ^ referred to in Affi- other removal of every such child or children within three months then davitof h.s. Russeii •' _ . . . .and marked H.S.K. 2 next to receive and admit other or others in his her or their room. ProAdded — nevertheless that the parent or parents of such child or children so to be maintained and educated as aforesaid shall have been an inhabitant or inhabitants of the said Parish one whole year next immediately before such choice shall be made and every child so to be chosen shall be upwards of 7 years of age born in lawful wedlock of honest and reputable parents and the Minister and Churchwardens of the Parishes whereto such child or children shall respectively belong shall comply with and be subject to the forms generally in use for the admission of children into the said Hospital." Paper tvi'iting referred to in Affidavit of Herbert Sidney Eussell and marked H.S. IV 20 H.S.R/ In tfif l^ribjL) crouncU. In the Matter of Christ's Hospital. This is the paper writing marked U.S.E.' referred to in the (6.) Affidavit of Herbert Sidnev Kussoll sworn before me Brief recital of " Indenture between in this matter this 7th day of Mav 1889. John Lock's Execu- « - tors and U-overnors of Christ's Hospital SAMUEL CHESTEE ^f"^"^^, !? '" ^ffi- davit of H. b. Ku.'isell . . and marked H.S.R. 3 A Commissioner, Sec. A BEIEF EECITAL of the Indenture of Covenants bearing ^^^ Brief Recital of ■- the Indenture of date 20th day of January 1G34 and in the 10th year of the covenants. .SO reign of our Sovereign Lord Xing C'harles of England &c. made between Clement Mosse Comptroller of the Chamber 40 Appendix c. of Lontlon and George Brittaine Clerk of the Company of No. 4. Skinners' Hall London Executors of the last Will and &c. ^ektinHu l■i^'ht9 Testament of John Lock of the Parish of St. Martin's within Affidiivitrverifvlng"'^ Ludgato Tailor on the one party and the Mayor and *"""'' Commonalty and Citizens of the City of London Governors ^'^■} of the Possessions Eevenues and Goods of the Hospital of A brief recital of ... Indenture between Edward King of England the Sixth of Christ Bridewell Executors of John . Lock and Governors and Saint Thomas the Apostle on the other party. of Christ's Hospital referred to in Affi- and marM^H^sT" WITNESSETH That whereas the said John Lock by his last Will and Testa- — ment bearing date 26th day of October 1632. Albeit he was no Freeman of IQ the City of London yet out of his pious and Godly intent this City and Poor thereof did give and bequeath to Christ's Hospital London £1000 to be and remain to the use and bringing up of poor children there and his Executors in his last Will and Testament named as aforesaid should think fit and devise who after the death of the said J ohn Lock the Testator have taken upoa them the execution of the said Will and have performed the payment of the said sum of £1000 as by the said deed more at large appeareth and the said Clement Moss and George Brittain according to the trust reposed in them in and by the last Will and Testament of the said Testator have devised and declared the uses intents and purposes for the full performance of the said 20 trust to be and remain as a perpetuity for ever as hereafter foUoweth. And the said Mayor and Commonalty and Citizens have thereunto by these presents agreed (that is to say) That the Governors of the said Christ's Hospital in consideration of the said Gift of £1000 shall take into the charge and govern- ment of the said Hospital and at their costs and charges educate keep and maintain the number of eight children being the children of Freemen of the said City of Loudon to be nominated appointed and preferred in manner and form following (that is to say) two of the said number of eight children to be at the discretion and disposing Will and Appointment of the President of the said Christ's Hospital for the time being from what place or j^arish he shall 30 think fit and two children to be taken and admitted from the Parish of Saint Martin within Ludgate where the Testator was an inhabitant and two children to be taken and admitted from the Parish of Saint Michael Bassishaw where the said Clement Moss is an inhabitant. And two children to be taken and admitted from the Parish of Saint John's in Walbrook Avhere the said George Brittaine is an inhabitant which two children so to be taken out of the said Parish of Saint Martins Ludgate into the said Hospital and there to be main- tained by the said Governors shall during the natural lives of John Lock Thomas Lock and Francis Moore the Testator's Nephews and of Henry Wally 41 Gentleman one of tlie overseers of the Testator's Will and the survivor of theiii Appendix c. for and durin": so Ion" time as they and every of them shall dwell in the said ^°- ■*• . . . ni-, 1-11 Extracts from Wills, Parish of Saint Martin's Ludgate nominate appoint and prefer the said two child- &c., rehiting to rights • iTT-iij"!'"^ tlity Parishus and ren so to be from time to time preferred to the said liospital and after their Affidavits verifying decease or removal out of the said parish then the Churchwardens and Common ' ' — Councilmen of the said parish for the time being always for ever thereafter ^ , ^.j^^ j.gj;jj^, ^j shall nominate and present such children as shall be by virtue of these presents j"jJ™L'o^O£'rRxucu to be taken and received out of the same parish into the said Hospital and ^"i^'^'t'^^^f"^^^'^"}'^, '■ ^01 (^hrist 8 Hospital there maintained and educated as aforesaid and the other four children from referred to in Affi- davit of H. h. Russell 10 the said parishes of Saint Michaels in Bassishaw and Saint Johns in Walbrook a^J marked h.s.k.s shall be nominated and appointed by the said Executors during their natural lives respectively and after their decease then the said four children shall be for ever hereafter nominated and appointed by the Churchwardens and Common Councilmen of the said several parishes before named respectively. And as any of the said number of eight children shall fortune to decease or otherwise be preferred out of the said Hospital the said Governors of the said Hospital shall as the said eight places or any of them become void take into the govern- ment of the said Hospital in their rooms as many as shall make up the said number of eight children being the children of Freemen to be appointed 20 and educated in manner aforesaid the parishioners of those parishes under- taking to discharge the said Hospital of such children as shall be admitted from the said parishes when they shall accomplish the several ages of 15 years according to the custom of the said Hospital. Nevertheless it is hereby meant declared and agreed that if any of the kindred of the said Testator being the children of Freemen of the said City dwelling within the City of London and the Liberties thereof shall be so poor as that they shall be thought fit by the President or any three of the Governors of the said Hospital to be received in the said Hospital that then such child or children shall be first preferred and have the benefit of the Testator's said Gift before any be presented either by 30 the President or any of the said parishes. Then follows a covenant for the receiving of the said children into the said Hospital. 42 Appendix C. No. 4. Extracts from Wills, iStc, relating to rights of City Parishes and Affidavits verifying AFFIDAVIT OF JAMES EDWARD SHEARMAN, Junior, filed on behalf of the Appellants The Mayor, &c., of London. M tijc ^M'op, ©titmcil. m THE MATTER OF the Foundation known as the Hospital of Edward late King of England the Sixth of Christ commonly called CHRIST'S HOSPITAL. AND IN THE MATTER OF THE ENDOWED SCHOOLS' ACT 18G9 and Amending Acts AND IN THE MATTER OF a SCHEME made by the Charity 10 Commissioners under the said Acts intitutled " A Scheme for the Administration of the above mentioned Foundation." (7.) Affidavit of J. E. Shearman, Jun. I James Edward Shearman Jun. of 10 Idol Lane Great Tower Street in the City of London Solicitor make Oath and say as follows — 1. 1 am Yestry Clerk of the Parish of St. Dunstan-in-the-East in the said City of London and as such have in my custody a Book of Wills Benefactions and Gifts to the poor of the said Parish collected by Thomas Tomlinson Yestry Clerk in the year 1701 which book contains on pages 48 and 49 copy of a clause in the last Will and Testament of John Fowke Esq. deceased dated the '2Gth day of October 1686 under which the said Parish claims and exercises 20 certain rights of presentation to Christ's Hospital. 1 2. The paper writing now produced and shewn to me and marked J.E.S. is a true and correct copy of such clause concerning the benefaction of the said John Fowke to the said Parish and in respect of which the said rights of presentation are enjoyed. 3. The said book of Wills Benefactions and Gifts also contains on pages 51 and 52 an extract from the Will of Gilbert Keate Esq. under which the said Parish also claims and exercises certain rights of presentation to Christ's Hospital. 43 4. The paper writing now pi'oduced and shewn to me and marked Appendix c. •J.E.S. 2 is a true and correct copy of such extract so far as it concerns the ^°- *• benefaction of the said Gilbert Keate to the said Parish and in respect of ic. relating to rights ,.,,,.,.,,- ... . , of City Parishes and which the said rights or presentation are enjoyed. Affida^ta verifying same. Sworn at 9 Idol Lane Eastcheap in the City \ Affidavit of J. e. of London the 4th day of May 1889 ' shearman, Jr. Before me I, j_ e. SHEAEMAN, Jux\. F. KYNASTON METCALFE A Commissioner to Administer Oaths in the Supreme 10 Court of Judicature. 20 The paper tvriting marked J.E.S} referred to in the Affidavit of James Edward Shearman Jun. J.£.S. In tl^c i)3rtbjn C^oiincil. In the Matter of Christ's Hospital. This is the paper writing marked J.E.S. ' referred to in the Affidavit of James Edward Shearman Jun. sworn in this matter this 4th day of May 1889. Before me F. KYNASTON METCALFE. A Commissioner, ^'c. ST. DUNSTAN IN THE EAST, LONDON. THE COPY of the Clause in the last Will and Testament of (8.) John Fowke Esq. deceased dated the 2Gth day of October johnFowke'referred .. „Q/5 to in Atfidavit of iOOD. J. E. Shearman, Jr. and mai-ked J.E.S. 1. ITEM. I give devise and bequeath unto Sr John Moore Knt. and Alderman of the City of London President of the Hospital called Christ's Hospital in London Nathaniel Hawes Esqre. Treasurer of the said Hospital 44 Appendix c. and to Tliomas Heatly John Midgley James Wood and Eichard Hoare four of No. 4. the Governors of the same Hosjjital and to their Heirs and Assigns for Ever &c*'^^eiat/n'"toT'hts ^^^ thosB Three Messuages or Tenements with their apjiurtenances Situate and "/i'i'^?'''"'^^'"''^ being in Tower Street and Water Lane in the Parish of St. Dunstan's in the Aindavits verifying ^ »»"'«• East in London now in the occupation of Gerrard Andrews or of his under (8.) Tenants or Assigns and the Warehouses Cellars and Yaults lying under the same JohrVowkrreferred ^"*^ ^^' those othcr Two Messuagcs or Tenements with their appurtenances and to in Affidavit of the Warehouscs Vaults and Cellars lying under the same and under the Yards J. E. Shearman, Jr. •' ~ and marked j.E.s.i. thereof Situate and being in Water Lane in the said Parish of Saint Dunstan in the East in London and now in the occupation of the said Gerrard Andrews 10 of which said Five Messuages or Tenements Warehouses Vaults Cellars and Premises I am seized in Fee Simple to the use of me and my Heirs for ever To have and to hold the said Five Messuages or Tenements and the said Ware- houses Vaults and Cellars lying under the same with their Appurtenances unto the said Sir John Moore Nathaniel Hawes Thomas Heatley John Midgley James Woods and Eichard Hoare and their Heirs and Assigns for ever to and for their uses (upon the Trusts and to and for the uses intents and purposes herein after limited expressed and declared (That is to say) upon Trust and Confidence that the said Sir John Moore Nathaniel Hawes Thomas Heatley John Midgley James Woods and Eichard Hoare and their Heirs and Assigns 20 shall Issue forth and dispose of so much of the yearly and other Eents and Profits of the said Messuages or Tenements Warehouses Vaults Cellars and Premises so to them disposed as aforesaid as shall be competent for the maintenance and education of Eight poor Boys in Christ's Hospital aforesaid for ever whom I do Will and appoint to be taken into the said Hospital from Boye'i^^airis?'' ^° time to time from these Several Parishes following (That is to say) Two of the ^°^^"*'' said Eight from the Parish of St. Dunstan in the East in London Two of them from the Parish of Allhallows Barking in London Two of them from the Parish of Barking in the County of Essex and Two of them from the Parish of Woodford in the County of Essex to be from Time to Time presented by 30 the respective Churchwardens and Overseers of the Poor of the aforesaid respective Parishes and to be from Time to Time harboured kept maintained educated and provided for in Christ's Hospital aforesaid and from thence preferred according to the laudable custom and usage of the said Hospital And do Will that when any of the said Eight Boys shall be removed or Dye there shall be put into the said Hospital out of the Parishes from whence the Boys so removed or dying so many other Boys in Number as shall happen to be removed or dye and so (toties quoties) as often as there shall be a Vacancy of such Boys places for Ever. NoTK : — There is a copy of the clause remaining in Chrisfs Hospital. 45 The paper writing marked J.E.Sr referred to in the Affidavit of James Edward Shearman Junior. J.£.Oi In tfte IJribB CTounctl. Appendix C. No. 4. Extracts from Wills &c., relating to rights of City Parishes and Affidavits verifying same. In the Matter of Christ's Hospital. This is the paper writing marked J.E.S.' referred to in the Affidavit of James Edward Shearman Junr. sworn in this matter this 4 th day of May 1889. Before me jQ F. KYNASTON METCALFE. A Commissioner, ^'c. ST. DUNSTAN IN THE EAST, LONDON. (9-). COPY of Clause in the Will of Gilbert Keate Esq. relating _ to his Gift to Christ's Hospital taken from a Book of Wills uatertKeate referred „ m Tf i r'l«„V to in Affidavit of and Plans prepared by Thomas Tomlinsox Vestry Lleik. j. e. whearman, Jr. and marked J.E.S. 2. Anno 1761. WHEREAS 1 have in my life time paid to Richard Clyde Treasurer of Christ's Hospital London for the use of the said Hospital the sum of Three on Hundred Pounds in Money as appcareth by his Receipt under his hand and seal bearing Date the Eighth Day of August 1654. Now I do by this my last Will and Testament not only give and bequeath unto the President Treasurer and Governors of the said Hospital of Christ Church the said Three hundred Pounds aforementioned but also I give more unto them Three Hundred Pounds to be paid them within one Year next after my Decease both which sums amounting together to Six Hundred Pounds 1 Will and ^.^ p^^^,,^ ^„j, appoint for these uses following That is to say I Will and appoint that out of -^ Boy ^nd jnree the issues and Profits coming and arising of the said Sums there shall be ^;v2^Z^^t^:;, yearly and every year for ever giving and Paid for the Putting and Placing f^.^^J^L^l forth of the said Hospital as Apprentices to some honest Calling or Trade Six to^have the Prefer- Children vizt. Three boys and Three girls when they shall attain to their several and respective ages of Fifteen Y^ears. The sura of Twenty and Seven pounds That is to say with every Boy six pounds and with every Girl three pounds a Piece and it is my further Will that these Children which shall be born in the said Parish of St. Dunstan in 46 Appendix c. the East and in the Parish of Allballows Barking Near the Tower of London xo. 4. and harboured in the said Hospital for the time being if any such be shall be ip.'i'eiatin^To rights FroHi Time to Time Preferred to this my Gift before any others. And it is ABidavits'^verifyin" ^^J further Will and desire that upon Payment of the Three Hundred Pounds jams. IV.) aforementioned The Treasurer of the said Hospital for the time being shall give a Covenant in Writing unto my said Executors for Performance of the Gilbert Keate referred Said Gifts accordiug to my intent and meaning herein set forth and Declared j! i" tshearman, Jr. and my request and desire is that the President Treasurer and Governors of ami marked j.E.s. 2. ^^^ ^^-^ Hospital for the time being will be pleased to receive every Second Year from Time to Time and Always One Poor Child out of the said Parish 10 of St. Dunstan in the East and such Child to be taken out of the Dolphin Precinct in the first Place of the said Parish to be there educated in the said Hospital with other Children. And he Presumeth that the Governors of the A Child in Dolphin gaid Hospital wiU grant this his Eequest in regard besides the legacy of Six Precinct to have the ' *= . J" '^ . . Preference. Hundred Pouuds herein beforementioned he hath at several times given to the said Hospital above Three Hundred Pounds more as by several Acquitances for the same may more plainly appear. AFFIDAVIT OF CYRIL MORTIMER MURRAY RAWLINS, filed on behalf of the Appellants The Mayor, &c., of London. M tf)t i^nbt) eotmctL 2a IN THE MATTEE OF the Foundation known as the Hospital of Edward late King of England tlie Sixth of Christ commonly called CHEIST'S HOSPITAL AND IN THE MATTEE OF THE ENDOWED SCHOOLS' ACT 1869 and amending Acts AND IN THE MATTEE OF a SCHEME made by the Charity Commissioners under the said Acts intituled " A Scheme for the Administration of the above mentioned Foundation." gQ (10.) I Cyril Mortimer Murray Eawlins of 66 Gresham House Old Broad Street KawiinV " • " in the City of London Solicitor make Oath and say as follows — 1. I am Vestry Clerk of the Parish of St. James Garlickbithc in the said City of London and as such have in my custody a Book containing an Abstract of the Title to the several Estates belonging to the said Parish and 47 also of the Gifts given thereto and such Book contains on pages 77 and 78 an Appendix c. Extract from the last Will and Testament of Mr. John Phillips bearing date ^'o- ■*■ ■ iT-.-ii- 1 • i.' Extracts from Wills, the 29th April 16(4 under which the said Tansh claims and exercises certain ire, relating to rights . , „ . /-(!•! TT- • 1 °^ City Parishes and rights 01 presentation to Christ s Hospital. AffidaWts verifying same. 2. The paper writing now produced and shewn to me and marked (lo.) C.M.M.E. is a true and correct copy of such Extract concerning the benefaction ^f^' °^ ^- ^- ''^• of the said John Phillips to the said Parish and in respect of which the said — rights of presentation are enjoyed. Sworn at 126 Gresham House Old Broad 1 Street in the City of London the fourth day of May 1889 Before me J. HENEY KEMM, A Commissioner to Administer Oaths in the Supreme Court of Judicature in England. C. M. M. RAWLINS. The j^aper tvriting referred to in the Affidavit of Crjnl Mortimer Murray Rawlins and marlted C.M.M.R. C.M.M.R. En tfte ilribjj CTouncil, 20 In the flatter of Christ^ Hospital. This is the paper writing marked C.M.M.R. referred to in the Affidavit of Cyril Mortimer Murray Rawlins sworn in this matter this Fourth day of May 1889. Before me J. HENRY KEMM A Commissioner, ^-c. AN EXTRACT from the last Will and Testament of Mr. John (h.) Phillips beariu"; date the 29th April 1674 for putting in Extract from wm of _ » _ ^ _ r O John Philhps referred two children into Christ's x. Hospital for the benefit of <" in Affidavit of ^ C. M. M. liawlins 30 this Parish. ^ marked C.M.M.R. IMPRIMIS. I do give devise bequeath and confirm one moyety or half part the whole in two equal parts to be divided of one Water Corn Mill called by the name of the Abbey Mill and of one messuage and of the Wharfs called 48 Appendix c. Abbey Wharfs and of the Orchards Gardens Granarys drying Kilne and of No. 4. two ffeilds of meadow ground containing eight acres or thereabouts and of the &c! reMing"toris,'"t8 watcrs watcrcourscs and other tlie appurtenances thereunto belonging situate AMlvitf'firifyin? ^J^^S ^^^^ ^^ciug iu Stratford in the Parish of Westham in the County of Essex '*'^""^- now in the occupation of Daniel Ham Miller which I lately purchased of John (11) Curtis of the Parish of St. Phillips within the City of Bristol Mercer and of foShiUip^rXel the rents and profits thereof unto my said wife Bridgett Phillips for and c sVjf Rl^vUns during the term of her natural life in recompense and satisfaction of all such & marked c.M.M.R ^^^.^ ^^^^ portion thereof as she by the custom of the manner whereof the said premisses are holden hath or can may or ought to have or claim. 10 Item. I do give devise and bequeath the other moyety or half part of the said mill messuage wharfs two ffeilds of meadow ground and other the premisses thereunto belonging with their and every of their appurtenances and of the rents and profits thereof unto the President Treasurer and Governours of Christ Hospital in London and their successors for ever upon the Trust following (that is to say) — Upon Trust that the President Treasurer and Governours of the said Hospital and the successors shall from time to time for ever dispose of and employ the clear rents and profits of the said moyety of the said mill messuage wharfs meadow ground and premises to them devised as aforesaid to and for the perpetual maintenance education and bringing up 20 for ever in the said Hospital in a fitting manner and according to the good laudable custom and care of the said house of two poor children of the said Parish of St. Zatherine Creechurch ats Christchurch in London and of one poor child of the Parish of St. James Garlickhith in London where I was born to be from time to time for ever presented by the Churchwardens and Overseers of the Poor of the said respective Parishes of St. Ivathcrine Cree- church ats Christchurch and St. James Garlickhith from time to time being and to be and as touching the Eeversion of the said moyety of the said mill messuages wharfs two fi'eilds of meadow ground and other the premisses thereunto belonging with their and every of their appurtenances and of the rents and 30 profits expectant upon the estate therein for the life of my said wife which I have to her devised as aforesaid I do give devise and bequeath the said reversion of the said mill messuages wharfs two fi'eilds of meadow ground and and premises with their and every of their appurtenances and of the rents and profits thereof unto the President Treasurer and Governours of Christ's Hospital in London aforesaid and to their successors for ever upon the Trusts following (that is to say) Upon trust that the President Treasurer and Governours of the said Hospital and their successors shall from time to time from and after the decease of my said said wife dispose of issue and employ the clear rents and profits of the said moyety of the said mill messuages wharfs two ffields of 40 49 meadow ground and premisses with the appurtenances to them devised in Appendix c Reversion as aforesaid to and for the perpetual maintenance education and No. 4. Extracts from AVills &■ marked C.M.M.K. iixtraots Irom >v ills, brini-iuf up for ever iu the said Hospital in a fitting manner and according to &c. relating to rights o o L n 1 • 1 TT c ii °^ t-'^y I'arishes and the good and laudable custom and care of the said House ot one other poor Affidavits verifying child of the aforesaid Parish of St. James Garlickhith in London from time to '■"'"' — time for ever presented by the Churchwardens and Overseers of the poor of (^i-) '■ ■' „ . . , . Extract from Will of the said Parish of St. James Garlickhith m London from time to time being .lohni'hiiiips referred . 1 Ti ■ 1 to in Affidavit of and to be and to make up two children in number ot and from the said Parish v. Ji. m. UawUns of St. James Garlickhitli and of two poor childi-en of such poor members of the 10 Company of Cooks London as by the Master and Wardens of the said Company and their successors shall from time to time for ever be presented. AFFIDAVIT OF JOHN WILLIAM BILLINGHURST, filed on behalf of the Appellants The Mayor, &c., of London. IN THE MATTER OF the Foundation known as the Hospital of Edward late Kixg of England the Sixth of Christ commonly called CHRIST'S HOSPITAL AND IN THE MATTER OF THE ENDOWED SCHOOLS' 20 ACT 1869 and amending Acts AND IN THE MATTER OF a SCHEME made by the Charity Commissioners under the said Acts intituled " A Scheme for the Administration of the above mentioned Foundation." I John William Billinghurst of 7 Bucklersbury iu the City of London (12.; Solicitor make Oath and say as follows— Bfflfn'hur't''' ^^ 1. I am Vestry Clerk of the Parish of St. Mildred Poultry in the said City of London and as such have in my custody a book called "Donor's Book being the gift of Mr. Henry Dixon one of the Parishioners of the said Parish dated 30 1658 " on page 13 of which is contained an Extract from the Will of Mr. William Tudnam under which the said Parish claims and exercises certain rights of presentation to Christ's Hospital. 2. The paper writing now produced and shown to me and marked J.W.B. is a true and correct copy of such Extract so far as it concerns the benefaction 50 Appendix c. of the Said William Tudnam to the said Parish and in respect of which the said rights of presentation are enjoyed. No. 4. Extracts from Willsj &c., relating to rights Sworn at No. 7 Bucklersburv in the City of of City Parishes and . •' •' Affidavits verifying London this 4th day of May 1889 (12.) Affidavit of J. W. Billiughurst. (13.) Extract from Will of Wm. Tudnam re- ferred to in Affidavit of J.W. Billinffhurst and marked J.W.B. Before me S. H. J. W. BILLINGHUEST. BEHREND A Commissioner to Administer Oaths in the Supreme Court of Judicature in England. 20 The paper writing referred to in the Affidavit of John William Billinghurst and marked J. W.B. 3In tf)c ^Jrtbij CTotmril. In the Matter of ChrisVs Hospital. This is the paper writing marked J.W.B. referred to in the Affidavit of John William Billinghurst sworn in this matter this Fourth day of May 1889. Before me S. H. BEHREND A Commissioner, SjC. ST. MILDRED, POULTRY. Presentation to Christ's Hospital. EXTRACT from the Will of William Tudnam, circa 1657. ITEM. I give and bequeath unto the Governors of Christ's Hospital in London the summe of one hundred and thirty pounds like mony To and for tliis speciall end intent and purpose that the Governors of the said Hospital shall once in every five yeeres for ever take and receive a child out of and from the Parrish of St. Mildred in the Poultry London if occasion shall happn and the Parrishioners there for the tyme being or the more pt of them shall soe require it and every such child shall entertayne harbour and provide for in manner and during such tyme or tymes as other children taken in and harboured there are usuallie provided for and kept Provided alwaies and my will mindc and meaning is That if any child which shalbe soe taken into the said Hospital shall there continew living and mayntained and kept by the said 30 Hospital Then noe other child shalbe received from the said Parrish untill such former child shall either happen to dy or otherwise be disposed of or put forth by the said Hospital. Extracted from " Donor's Book," St. Mildred, Poultry, 1658. J. W. BILLINGHURST, Vestry Clerk, St. Mildred, Poultry. 51 AFFIDAVIT OF HERBERT SIDNEY RUSSELL, filed on behalf of Appendix c. the Appellants The Mayor, &c., of London, No. 5. Affidarit of H. S. Russell. $n tf)c i3nt))> CTouncit IN THE MATTEE OF the Foundation known as the Hospital of Edward lato King of England the Sixth of Christ commonly called CHEIST'S HOSPITAL AND IN THE MATTER OF THE ENDOWED SCHOOLS' ACT 1869 and amendicg Acts 10 AND IN THE MATTER OF a SCHEME made by the Charity Commissioners under the said Acts intituled " A Scheme for the Administration of the above mentioned Foundation." I Herbert Sidney Russell of Guildhall in the City of London Clerk in the Office of Henry Homewood Crawford of the same place City Solicitor make Oath and say as follows : — 1. I crave leave to refer to an Affidavit sworn by Robert Little, William Lempriere and Thomas Edward Limmer sworn in this matter on the 9th May instant and set out in Joint Appendix A vol. 2 of the Governors of Christ's 20 Hospital verifying the Particulars of Endowments marked L.L.L. also set out in the same Ajipendix and volume. 2. The printed paper now produced and shewn to me and marked H.S.R.'* is mainly composed of particulars contained in the exhibit referred to in paragraph 1 of this my Affidavit but the same also contains fui-ther particulars which have been compiled by me from official reports records Acts of Common Council and other documents in the possession of the Corporation of London. Sworn at No. 10 Basinghall Street in the City of London the 16th day of 30 May 1889 Before me \ HERBERT S. RUSSELL. W. A. DOWNING, A Commissioner to Administer Oaths in the Supreme Court of Judicature in Englaiid. Appendix C. No. 6. 52 The printed 2^aper referred to in Affidavit of H.S.R/ 3In tfjc l^rtbj) CTotuutl. This is the printed paper marked H.S.E/ referred to in the Affidavit of Before me, W. A DOWNI^^G, PARTICULARS of some of the GIFTS AND DONATIONS to CHRIST'S by ALDERMEN OF LONDON ; Benefactor. Date, and how given. Original purpose. Hamond Amcott, Alderman. 10 Sir Maktin Bowes, Alderman. 20 30 Lady Anne Bacon (Widow of Alder- man James Bacon) Francis Baknham, 40 Aldeiman. 1562. 28tli November. WiU. 1565. Deed of Conveyance. 50 JonN Haydon, Alderman. Henry Prannell, Alderman. 1575. 1st December. Indenture. 1576. l.st April. Codicil to Will. 1584. WiU Book and 27 Eliz. Bargain and Sale. 1589. Ist September. Will. 3a of pasture ground at Ham Marsh, West Ham, Essex. shops New Messuage and 2 Fish Street. Messuage in Parish of St. Mat- thew, Friday Street. Parcel of land within the circuit of the late Grey Friars. 2 tenements in St. Swithin's Lane. 4 tenements and several garden gi-ounds in St. Botolph's With- out, Bishopsgate, London, of the total yearly value of £24. Annuity of 40s. arising from 3 houses iu St. Michael Bassi- shaw, paid by certain Trustees. All his lands and tenements in St. Olave's, Southwark, or any other Parish adjoining thereto. £500 to be laid out in houses or land. Annuity of £5 payable out of a tenement and houses in St. Oliff, Hart Street. Toward the relief of the poor people harboured in the two Hospitals of Christ and St. Thomas the Apostle. To the Hospital, upon trust to pay £6 13s. 4d. yearly towards the relief, aid, and comfort of the poor children kept, and to be kept within Christ's Hospital. £6 13s. 4d. towards the rehef, aid, and comfort of the poor, sick and impotent people within St. Thomas' Hospital. Payment of this latter sum discontinued in 1594. £6 13s. 4d. to the Chamberlain of London for maintenance and reparations of the conduits within the City and liberties thereof for the convej'ance of water therein. £3 towards the augmentation of the Dinner yearly provided for the Mayor and his brethren at the time they visit the conduit heads, at which Dinner the four Wardens of the Goldsmiths' Company, and the two Trea- surers of Christ's and St. Thomas' Hospitals are to be present. And £1 in three equal parts between the Chamberlain and the said Treasurers for their pains. But in case the Mayor, &c., should omit to make such survey, the said sums of £3 and £1 to be distributed in wood or coal among the poor Almsmen of Goldsmith Hall. To the use of the poor in Christ's Hospital for ever, to be found and reheved or kept there for the time being. The Hospital — towards the maintenance and bringing up or finding of the poor children therein. For the use, behoof, and maintenance of the poor children of Christ's Hospital. To the use and for the finding and good education of poor children within the Hospital. Herbert Sidney Russell and marked H.S.R.^ 52 In the Matter of Chrisfs Hospital. Herbert Sidney Eussell sworn in this matter this 16th day of May 1889. A Commissioner, ^c. HOSPITAL, made from time to time by the CORPORATION OF LONDON ; and by WIDOWS OF ALDERMEN. Appendix C. No. 6. Present Property. The same property. 63, Friday Street. [Police Station in Bishopsgate Street. Window Lights. 128 to 35, New Street. [30, Fish Street Hill. ;Part of Bailiff's Court Farm, Climping, ) Sussex. i r One-tenth part of clear 2)rofits of 4 houses in BasiuKhall Street. 133, Tooley Street ; Warehouse in Golden Lane; 57, Fann Street, 5 to 17, 31 to 37, Barnham Street, and Artizans' Dwellings in same locality. Part of 42, High Street, Highgate. Part of a House and Manor Farm estate at Kempston Hardwick, Beds, containing 10a. 3r. 20p. Christ Church Tithe, Newgate Street. Part of Brook Pit and Hobb's Farm, Climping, Sussex. Part of Brockley Estate. Part of 1 1 Clerkenwell Road, B.C. 1 and 2, Milk Street, and 5, 6 and 7, Eussia Eow. A.nnuity of £5 charged on premises in St. Olave, Hart Street. Estimated Annual Value. £12 £400 £230 £2 £122 £200 £27 £85 £730 £16 £27 £100 £137 £56 £360 £1041 10s. £5 Present mode of application. Applied as part of tlie General Funds of the Hospital. £G 13s. 4d. to the Chaiuber of London. £4 to the Goldsmiths' Company for their poor. Eesidue applied as part of the General Funds of the Hospital. 10 20 Applied as part of the General Funds of tlie Hospital. Ditto. 40 50 Ditto. Ditto. 53 Apijendix C. No. 6. Particulars of some of the G-ifts and Donations made by the Corporation, Aldermen, &c. to Christ's Hospital. Benefactor. Date, and how given. Benefactiun. Original purpose. COKPORATION OF THE City or London. Ditto. SirWolstone Dixey (Lord Mayorinl585) William Elkine, 10 Alderman. 20 Sir Thomas Eamsey, (Lord Mayorin 1577) Alderman, and Dame Mary his Wife. 30 40 Dame Mary Eamsey as above. 158-!. 1587. 1588 & 1589. 1692. IStli May. 1593. 3rd November. WiU. 1583 29tli September. Indenture of Bar- gain and Sale. 50 1596 19tli Januai-y. Will. 1601. 8th July. Codicil reciting Purcliase and Conveyance. House at St. INIary, Spital. Assessment made upon Corpora- tion, Livery Comp)anies and inhabitants. Contributionsmade from Sheriffs' fines. A rent charge of £42 per annum charged on property in Wilts. £800 to be paid when Governors have bought lauds or rents of £40 per annum. Priory of Berden Church and Churchyard, and all mes- suages, mills, and lieredita- ments thereto belonging, and the Eectories of Berden and Clavering, and the tithes be- longing to the said Eectories, and all tlie manors and liere- ditaments of the said Dame Mary in Berden, Maunden, Elsenham, Henham, Takeley, Eykehng, Clavering, ITgley, and Eochford, in the County of Essex, and in Burnt Pel- ham, Stocking Pelham, and Eeed, in tlie County of Herts, and all other her manors and hereditaments situated iu the said Counties. Messuage, &c., in Parish of St. Peter-the-Poor, London, of yearly rent of £10. Manor of Gain's Colne, Essex. For use of Children of Hospital. For maintenance of ditto. Ditto. For and towards the relief of the poor children in Christ's Hospital. Towards the relief of the poor children har- boured in Christ's Hospital, and other chari- table vises, subject to following payments : £10 every year for the maintenance of a Eeader to read services and teach children to read, as also the principles of their faith, and sound religion in a chapel called Ore Chapel, in the County of Salop, and in the parish of Mucclestone, and 12 pence in money or bread to the Parson and Churchwardens of St. Micliael's Bassishaw, to be distributed by them to the poor householders of the said parish. £10 yearly to poor of St. Bartholomew's, £10 to pO(U' prisoners, £40 to the Master of St. Peter's College, (if the Bishop of Ely) towards the maintenance and bringing up in learning of 4 poor scholars at the said College, at £3 6s. 8d. each, and the maintenance of 2 Fellows at £13 6s. 8d. each; residue for the sustentation, maintenance, and bringing up of poor infants and children in Christ's Hospital. To the Parson and Churchwardens of th( several parishes hereinafter mentioned, tc the use, benefit, and behoof of the pool dwelling in the said parishes, viz. : St. Peter-the-Poor, £4 ; St. Andrew Under- shaft, £3 ; St. Mary Wolnothes, £3 yearly. For the maintenance of a Schoolmaster of a free Grammar School in Hawstead, Essex, at the yearly stipend of £20. Present Property. Estimated Annual Value. Present mode of ajiidicatioii. Portion of the site of the Hospital's Gymasium fronting Giltspur Street. Tithes of Berden, Claverina;, and Langley, Esses. Berden Estate, inclusive of part of Brick House Farm (except Dewes Green, Berden Hall, Martin's, Little London, and Eooke's FaiTQs) ; also land at Eickling, Elsenham, Hawk- well, and Eochford. Part of National Bank, Street. Old Broad Gain's Colne Estate and Manor. Part of Sibley's and Martin's Farms, Berden. £743 £742 £303 8s. 6d. £250 10s. lOd. £3 lOs. Apj'iiidix C No. 6. Particiilarji of some f'f the Gifts and Donations made by tlie Corporation, Aldermen, Jcc. to Christ's Hospital. Sold in 1799 for £1000. £10 to Schoolmaster at Woore. £2 12s. to Churchwardens of St. Michael's Bassishaw. 10 20 £10 yearly to St. Bartholomew's Ho.spital for their poor. £10 applied as part "f the General Funds of the Hospital (under order of V. C. Bacon, 1877). £40 yearly to St. Peter's Pollege, r'ambridge. £150 yearly to Curate of Berden for stipend. £20 to poor and schools of Berden. £25 to poor and schools of Clavering. Eesidue apjdied as part of the General Funds of the Hospital. 30 40 For the poor of the Parish of St. Peter-lc-Poor. £123 Cs. 8d. : St. Andrew Undershaft, £92 10s.; St. Mary Woolnooth, £92 lOs. (By Decree in Chancery, 20th of March, 1841). £100 per annum to the Trustees of the Halstead Grammar School (bv orders of Court of Chancery, 21st July, 1854, and 14th Nov., 1857;. 50 54 Appendix C. No. 6. Particulars of Mine of the I lifts and Donations made by the ( 'orporation, Aldermen. &c. to Cluist's Hospital. 10 Beaaf actor. Date, and how given. Origiual purpose. Dame Mary Ramsey (continued^. 20 30 40 ElCIIARD GVHNEY, Alderman. 50 Edmum> English, and Gift of Sir Hu.MPHiiEY Weld. (Lord Mayor in 1608) 1596. 5th October. WiU. 1602. 1st April. Will. 1611. 7th August. Bargain and Sale. £2000 to Le laid out in the purchase of lands and tene- ments of the yearly value of £100. £500 further for purchase of lands, &c. For the maintenance of a Writing School at Christ's Hospital, with a Master and Usher to teach as well poor men's children of the City of London as the children of the said Hospital to write and cast accounts, and upon the said Schoolmaster and Usher to employ and bestow yearly the sum of £20. £20 a 3'ear for 10 poor widows, towards their better relief. £40 to be j'early distributed upon or towards the maintenance of 12 poor scholars in the Universities of Cambridge and Oxford, viz., in either of the said Universities, 6 ; to every of which scholars there shall be yearlj' paid, by way of Exhibition, 5 marks. £20 to be bestowed upon 10 poor maimed soldiers which have served in the wars, to be continued as pensions to the 3-early value of 40s. a-piece ; 20s. a-piece to be paid to 2 several preachers which shall be appointed to preach in Christ's Church yearly by the Treasurer and Governors of the said Hospital, one upon St. Stejihen's Day, and another upon the first Sunday in Lent. Also j-early to everj- of the 10 poor widows before mentioned, a gown, and to every of the said maimed soldiers, a coat, a cap, and a pair of shoes. To him that shall have the keeping of the monument in Christ's Church, which is alreadj' prepared for the interring of my bod}', the yearly allowance of 10s. To the Churchwardens of Christ's Church, to be disposed of according to the necessity of the poor of the said parish, the sum of 50s. at tlieir discretions. And the remainder of the said yearly value of a revenue of £100 to be paid yearly by way of distribution to such and so many of such poor parishes in London as to the discretion of the said Governors shall be thought meet, the account whereof to be kept by itself, because the distribution of the same may the better appear. Release of prisoners for debt. . Annuity of £5 payable by the , To the Hospital. Haberdashers' Company. £100 to be laid out in land. To be employed for ever to the relief of the poor children and others in Christ's Hospital. 54 I'resent Property. Estimated Annual Value. I'resGnt mode of application. £125 68. 6d. Old Consols in Court. Part of Bailiff's Court Farm, Climping, Sussex. Strips of land in Fore Street laid witli other property of the Hospital tliere. *ths of an estate at Horley (including the Manor and Tithes). •Vths of £726 OS. 2d. Consols in Court. ', *ths of portion of Brook's Pit and f Hobb's Farm, Climping, Sussex. The remaining ith part of the three last-mentioned properties. Annuity of £5 payable by the Haberdashers' Company. Portion of Berden Hall Manor and Farm. £4 £6 £20 £923 £17 8s. £S £5 £52 ^"^^"^^"^"^"^^^ Appendix C. No. 6. Particulars of some of the £20 included in the salary of the first Commercial Master (formerly Don.ations the Writing Master). made by the Corporation, , Aldermen, &c. to Christ's Hospital. £20 paid in pensions to widows. £-10 paid to [Tniversity scholars. 10 £20 paid to 10 old soldiers. £32 paid for clothing for said \yidows and soldiers. 20 lOs. a year to Sextoness of Christ's Church. 30 £2 10s. paid to Churchwardens of Christ's Church. Balance of £ 1 00 distributed from time to time to poor parishes in London. Residue appHed as part of the General Funds of the Hospital. £164 i Now applied as part of the General Funds of the Hospital (under order of Court of Chancery, 1877). 40 As part of the General Funds of the Hospital. Ditto. 50 55 Appendix C. No. 6. Particulars of some of the (lifts and Donations made by the Corporation, Aldermen, &c. to Christ's iiospital. iienufacto Hate, and how given. Benefaction. Original purpose. George Bisuor, Alderman. WilliamWaltii.\ll. Alderman. Corporation of the City of London. 10 Sir William Cra- ven, Alderman and President. (Lord MayorinieiO) Sir TnoMAs Ben- 20 NETT, Alderman. (Lord Mayorin 1603) Dame Margaret Slaney (widow of Alderman Slaney). Ditto. 30 Dame Mary Weld, Widow of Sir Harry Weld, Alderman. Sir Christopher 40 Clitherow, Al- derman, Presi- dent. (Lord Mayorin 1035) Sir John Leman, (Lord Maj'orin 1616) 1607. 25th February. Will. 160H. 16tli July. Will. 1605. 1612. 24th July. Indenture of Bar- gain and Sale. 161G. 17th January. Indenture. 1618. 20th July. Will. 1630. 1 1th June. Indenture reciting Will. 1625. 27th April. Indenture. 1631. December, 17th Annuity of £6 payable by Sta- tioners' Companj'. To the Hospital. Annuity of £10 payable by To the maintenance and relief of the poor Mercers' Company. childi-en in Christ's Hospital. The function of licensing carts j which had been previously transferred by the Corporation from the AVoodmongers' Com- pany to the Hospital was re- transferred to the Company, subject to a payment of £150 a year to the Hospital. Rectory and Church of Ugley, houses, tithes, &c., there. Annuity of £20 payable by Mercers' Companj-. i-g-ths residue of liis estate. £300 to be laid out in the pur- chase of lands. 6s. 8d. per cent, per annum upon capital and accumula- tions of £2000 given bj' Donor to Grocers' Company, £2000 to Haberdashers' Com- pany for purchase of Rectories or Parsonages impropriate in fee simple. An annual account to be rendered to Governors of Christ's Hosjiital, and 5 marks paid, to them. Also £500 to be invested in land. jVnnuity of £4 Ss. 4d., together with 16s. 8d. already charged on premises in Fenchurch Street. A rent charge of £100 a year charged on lands at Barnes. Ditto. £10 yearly for the use, relief, and maintenance of the Vicar of Ugley ; residue for the better maintenance and bringing up of the Hosjjital children. Towards the relief of the poor children at Christ's Hospital. To the relief of the poor children of Christ's Hospital. To be bestowed on the poor of the Hospital. Towards the relief of the poor children in the Hospital. Unto and for the relief, maintenance, and education of the poor children now harboured, and hereafter from time to time to be har- boured in the said Hospital. To 2 poor Scholars of Christ's Hospital to be sent from the Grammar School of the said Hospital to the University of Oxford, and, if it may be convenient!}' to St. John's College there, the yearly sum of £10 and they to enjoj' the same until they attain the ago of 30 years. For the relief and use of the poor children harboured and to be harboured in Christ's Hospital. uo Present Property. Estimated Annual Value. Present nioiie of application. Annual sum paj-able b}' the Stationers' Company. Annual sum payable by tlie Stationers' Company. £6 £10 Tithe and farm at Ugley, Essex. iVths of rents of Rectory and Estate at Kirton, Lincolnshire, payable by the Mercers' Company. £431 lis. 9d. New Consols in hands of the Company. Part of Duxhurst, Collendean, and Lowfield Heath, Horlej-. Annuity averaging £18 payable by the Grocers' Company. Annual sum of £3 6s. 8d. payable by the Haberdashers' Compan}-. Not now to be identified. The foregoing annuity. £3C3 8s. 6d. £79 4s. lOd. £12 19s. £52 £18 £3 Gs. 8d, £5 As part of the General Funds of the Hospital. Ditto. £10 a 3'ear plus £30 for a benevolence paid to Vicar of Ugley. Residue applied as part of the Geueral Funds of the Hospital. As part of the General Funds of the Hospital. Ditto. Ditto. Ditto. Ditto. Appendix C. No. 6. Particulars of some of the Gifts and Donations made l)y the Corporation, Aldermen, i:c. to Christ's Hospital. 10 20 30 Appropriated towards an Exhibition for one of the Hospital's scholars at the University. ^.Q Sold in 1799 for £2400. 56 Appendix C. No. 6. Particuliirs of some of the Gifts and Donations made by the Corporation, Aldennen. ic. to Christ's Hospital. Benefactor. Date, and how given. Benefaction. Str Edward Bark- ham, Alderman. (Lord Mayor in 1621) Eali'h Freeman, (Lord Mayor in 1633) Sir John Gayer, Alderman and President. 10 (Lord Mayorin 1646) 20 30 40 1632. 14th January. Will. 1633. 3rd July. 1641. 8th March. Will. 1649. 21 St May. Ai tides of Agree- ment. Annuity of £6 138. 4d. house in Cheapside. from £20 per annum to be paid by the Company of Merchant Adven- turers. £500 to purchase lands for the use of the children in Christ's Hospital. CORPOEATIOX or THE City of London. John Perryn, Aldyrman. 50 1620. Act of Common Council. 1656. 13th March. Probate of Will. Original purpose. For the benefit and use of the poor children in Christ's Hospital. Act enacted that one half of aU tines and forfeitures incurred by Billingsgate Porters should be paid to use of Hospital. Annuity of £5. Annuity of£o. £25 a year to be applied as under : For 7 years 5 boys, fatherless and motherless, if convenient, to be placed out to honest men of good life and fame, that they may be brought up in the knowledge and fear of God, and also to learn a trade, whereby, by God's blessing, they may after live by it in a just and honest way ; and the master that takes him or them apprentice to have with every of them £6 6s. 8d. and 8 j-ears' services at the least ; " and at the same time to place 3 fatherless and maiden children of the same house to be placed apprentices for so long time as the Governors shall think fit, to be bred and brought up as aforesaid, and to give to the partj' they, or any of them, shall be placed with, 33s. 4d. with every one of them. The£25 every eighth year for ever to be bestowed J as under : To the Minister that preacheth the I sermon at Christ Church £1 10s. ; to the Clerk or Reader, ."is. ; to the Sexton that tolls the bell to give notice of the sermon, 2s. ; for j collation in wine and cakes to Governors 1 before sermon, £3 ; to the Treasurer of the house for a jsair of gloves, £1 10s. ; to the Clerk of the Governors' Court, £1; to the Unfler Clerk of the Court, 10s.; to the Steward of the Hospital, £1 ; to the Grammar School- master of the said Hospital, £ 1 ; to the English ditto, £1 ; to the Matron of the said Hospital, £1 ; to 2 Scholars sent from the Hospital to either University, being Masters of Arts, £5 each ; remainder for a dinner or other cakes for the children of the Hospital, as the Treasurer shall think fit, £3 3s. To use of Hospital. Towards the maintenance of the poor children in Christ's Hospital. Towards the maintenance of one scholar that shall be bred up a Blue Coat in Christ's Hospital and shall from thence be sent by the said Hospital to one of the Universities, either Oxford or Cambridge, for his en- couragement to study. 56 Present Propurty. Estimated Annual Value. Present mode of apidication. Annual sum charged on 127, Cheap- side, E.G. £6 13s. 4d. As part of the General Fuud.s of tlie Hospital. Not now to be identified. Appendix C No. 6. Particulars of some of the Gifts and Donation.^ made by the Corporation, Aldennen, 4cc. to Christ's Hospital. £25 yearly for 7 years out of 8 years applied for apprenticing children. £25 applied each eighth year in manner prescribed by the Donor. Not now to be identified. £5 appropriated annually to the Exhibition Fund. 10 20 40 60 57 Appendix C. N'o. 6. Particulars of sr)iiie of the 'lifts and 1 >onation8 made by the Corporation, Aldrrmen, &(■. to riirist's Ifospital. Benefactor. 10 30 Date, and how given. Benefaction. Original purpose. Sir John AVolla- STONE, Alderman. (Lord Mayor in 1643) Sir John Chapman, (LordMayorinieaS) 20 Sir Francis Chap- lin, Alderman. (Lord Mayor in 1 677) Sir John Moohe. Alderman and President. (Lord Mayorin 1681) Sir John Frederick, Alderman and President. 40 (Lord Mayorin 1661) Sir Eobt. Clayden, Alderman. (Lord May orinl679) Sir Saml. Starling, Alderman. (LordMayorinl669) Sir John Smith, Knight and Alder- man. 1658. April 13. Will. 1669. Nov. 3. Gift. 1670. 1763. Aug. 7. 1673. 2nd October. Deed Poll (carrying out WiU), 24tli May, 1673. 1679. January 4th. Will (Codicil). 1681. Donation. 1684. Will. £100 a-year. £12 a-year was given to Hos- pital by benefactor during liis lifetime. £100 for the purchase of land of To bestow £10 every second year on a young the annual value of £o. man educated at the Hospital, who has served as an apprentice and ia a Freeman of the City. Built south range of b>uldings over old Cloister and otherwise materially aided Hospital after great fire. Premises in Giltsjiur Street, Legacy of £200. £200. £500 for the purchase of land. £400 to be laid out in the purchase of land or ground- rents of the value of £20 a year at least. £100 to be laid out in the purchase of land of the annual value of £5. For the better support and maintenance of the poor children of the Hospital for ever. " Once in 2 years for ever " shall be paid the sum of £13 6s. 8d. for the setting up of some poor young man that hath been brought up in the said Hospital, and have served an apprenticeship to some Freeman of the City of London. And also, "once in 2 years for ever" there shall be paid the sum of £6 13s. 4d. by way of Exhibition to 1 poor scholar that is either at Cambridge or Oxford, and that hath been brought up in the said Hospital. The proceeds of it is to put out a Clothworker's sou to apprentice every year. " Given by his Lordship to the use and benefit of the poor children harboured in Christ's Hosjiital, London, for the purchasing of land and tenements, tliat out of the same there may be raised £20 per annum, to be bestowed for and towards the putting forth of 4 children out of the said Hospital apprentices to some honest trade or calhng yearly." " £10 a-piece shall be given every 2 years to 4 pour children of the said Hospital for the placing them out apprentice unto the better trades." " £5 jier annum I Will sliall ycarlj' and every year be expended in entertaining such of the Governors as shall be appointed visitors of the said Schools (the Hospital's) and such other as shall con)e to the said examination, with wine, ale, and cakes, or the like friendly entertainment." 57 Present Triiperty. Estimated Annual \'alue. Present mode of applioation. Charge on property purchased in 1691 . Not now to be identified. Charge ou property purchased in 1691. Charge on property purchased in 1691. Charge ou property purchased in 1691. Charge on property purchased in 1691. £5 £10 £20 Appendix C. No. 6. Particulars of some of the Gifts and Donations made by the Corporation, Aldermen, &c. to Christ's Hospital. Applied according to donor's directions, if a qualified candidate applies (£60 arrears). 10 Sold in 1787 for £75. Applied towards setting up in trade a former scholar of the Hospital, who has served his apprenticeship to a Freeman of the City. 20 Appropriated for Exliihitions to schohars at the Universities of Oxford and Cambridge. £10 a-year applied towards apprenticing boys. £20 a year applied for apprenticing boys. 30 £20 a year applied for apprenticing children. 40 £5 a year appUed in part payment of the bill for tlie examination day dinner. 58 Appendix C. No. 6. Particulars of some of the Gifts and Donations made by the Corporation, Aldermen, &c. to Christ's Hospital. 10 Benefaction. Corporation of the City of Loxdox. John Fowke, Alder- man. (Lord Mayorin 1652) 20 30 Sir Robert Vyner, Alderman. (Lord Mayorin 1 674) 40 Sir Fr.vncis Child, Alderman. (Lord Mayorin 1698 and 1731). AlDERMAN HeYSHAM Date, and how given. Benefaction. 1668. Order of Com- mon Council. 1686. VViU. CoRrORATION OF THE City of London. 50 1688. Will. 1695. 1695. 1709. July. Lease. Chamberlain directed to pay £500 to Hospital. messuages in Tower Street and Water Lane, St. Dunstan- in-the-East, and wareliouses, cellars, and vaults under the same, and under yards thereof . Moiety of residue of personal estate. Moiety of interest in leasehold house in Water Lane. Half share in residue of proceeds of sale of premises in Barking and Woodford, Essex. Annuitj' of £8 2s., the interest of £270 charged upon the here- ditary excise, representing ■rhrth of |ths of the overplus of the Estate. £200. Various sums of money. Ditto. Lease of gi'ound, part of the Town ditch near the Hospital, for a term of 9-11 years, from Lady Day, 1750, at a rent of £5 per annum. Original purpose. Towards repair of so much of Hospital as was destroyed or damaged by the great fire. To the Governors of the Hospital, ' ' for the maintenance and education of 8 poor boys in Chriist's Hospital, aforesaid, for ever, whom 1 do Will and appoint to be taken into the said Hospital from time to time from these several parishes following, that is to say, 2 of the said 8 from the parish of St. Dun- stan-in-the-East, in London, 2 of them from the parish of Allhallows, Larking, in London, 2 of them from the parish of Barking, in the county of Essex, and 2 of them from the parish of Woodford, in the county of Essex,'' and " from thence preferred according to the laudable custom and usage of the said Hospital" Residue of rents and profits " for and towards the relief and maintenance of the rest of the poor children which are and shall be from time to time for ever harboured in the same Hospital." "For the relief and maintenance of the poor children harboured, or to be harboured, in the said Hospital." " For the like uses intent and purposes as the aforesaid freehold messuages and premises hereinbefore to them devised are hereby declared to be." " For and towards the relief and maintenance of the poor children which shall be from time to time for ever harboured in the afore- said Hospital called Christ's Hospital, in London." ■ To the only proper use and benefit of the said Hospital for ever." 58 Present Property. Nos. 26 and 27, Great Tower Street, and Nos. 7 and 8, Fowkes Buildings, Water Lane. Not now to be identified. Ditto. Ditto. Ditto. Ditto. Part of the site of the Hospital and burying ground. Kstimated Annual Value. £970 Present nnxle of application. Appendix ('. No. (1. Particulars of some ot the Gifts and Donations made by the Corporation. Aldermen, &C to Christ's Hospital. Applied partly in maintaining and ediu-ating'S c as part of the General Funds of the Hospital. ildreii, and partly 10 •20 30 40 £5 paid to Chamber of London for rent. 50 59 Appendix C. No. 6. rarticulars of some of the Gifts and Donations made by the Corporation, Aldermen, &c. to Christ's Hospital. Benefadi Date, and how given. IJenefaction. Sir George Mbr- THiNS. Alderman and President. (Lord Mayorin 1724) 1" George Btjtteris. Alderman, 172.5. Will. £150. Corporation of the 20 City of London. Ditto. 30 Ditto. Aldermen & Common Councilmen. 1763. Will. 1789. November. Lease. 1802. 2nd December. Order of Com- mon Council. 1782 to 1835. A sum of £546 4s. Id., being the residue of his personal estate. Lease of ground and buildings on east side of Giltspur Street, and 7 messuages in Blue Coat Buildings, &c., for a term of 880 3-ears from Lady I>ay, 1811, at a rent of £5 per annum. £1000. £8,565 contributed to funds of Hospital. Original purpose. ' That yearly upon the 6th day of February (being the birthday of her late majesty, Queen Anne), for ever, the poor cliildren harboured and residing vithin the said Hospital, in London, with the nurses may, instead of their annual dinner on that day, ■with the aid of their usual allowance or expenses thereof, have legs and shoulders of veal for their dinner." ' As a consideration for receiving from time to ttme into the said Hospital, to be there maintained, clothed and educated in such and the same manner as other children are maintained, clothed, and educated there, such boy as shall from time to time, pursuant to this my Will, be nominated and presented to them, the said Governors, bj' the Mayor and Aldermen of the said borough of Hertford." Towards the gradual rebuilding of Christ's Hospital on its present site. To general use of Hospital. 59 Present Property. Estimated Annual Value. Not now to be identified. Ditto. Part of site of Hospital. KB.— I and 2, Bine Coat Buildings sold in 1864, and proceeds invested in part of 44, St. Mary Axe, and Little London Farm, Berden. Present mode of application. £7 10s. a year applied in jiart paj-ment of tlio Imtdipr's hill. .\ppondi.\ C. Xo. C. I'articulars of some of dm (iifts and Donations mado by the (Corporation, Aldennen,&c. to Christ's Hospital. 10 1 boy always maintained in the Hospital from All Saint's parish, Hertford, upon the presentation of the Trustees of the Charities of the borough of Hertford. £5 paid to the Chamber of London as rent. 20 30 $n if)t l^vibi) CTouncil. IN THE MATTER OF CHEIST'S HOSPITAL AND IN THE MATTEE OF THE ENDOWED SCH Acts SCHOOLS' ACT 1869 and amending AND IN THE MATTER OF a SCHEME made by the Charity Commissioners under the said Acts intituled " A Scheme for the Administration of the above mentioned Foundation." JOINT APPENDIX C OF THE APPELLANTS, THE MAYOR, &c., OF LONDON. THE CITY SOLICITOR, Guildhall. FARRER & CO., GG, Lincoln's Inn Fields. Printed by D. 'Wnon & Son, No. 16, Basinphall Street. E.C. Jii Ife |riD!| iountil. IN THE MATTER of the FOUNDATION known as THE HOSPITAL of EDWARD late King of England the Sixth of Christ commonly called CHRIST'S HOSPITAL ; AND IN THE MATTER of the ENDOWED SCHOOLS ACT 1869 and amending Acts ; AND IN THE MATTER of a Scheme made by the Commissioners under 10 the said Acts intituled " A Scheme for the Administration of the " above-mentioned Eoundation." CASE Of the PETITIONERS, the PRESIDENT and GOVERNORS of the HOSPITAL, founded at the sole costs and charges of THOMAS GUY, 15 Esq., hereinafter referred to as " GUY'S HOSPITAL." 1. By the Will of the above-mentioned Thomas Guy, dated the 4th of September, 1724 (after referring to a Corporation which he intended should be obtained for the purposes of the Hospital thereinafter mentioned), the Testator made among other devises and bequests the bequest following, that is to say :— 20 " I ""ive to the President and Governors of Christ's Hospital in London, and " their successors for ever, one annuity or yearly sum of £400, to be paid by " my said executors till such intended Corporation shall be obtained and take " effect, and then by such intended Corporation or their treasurer for the time " beingi provided nevertheless and upon this condition that my said executors 25 " and such intended Corporation and their successors shall have liberty from " time to time to nominate and put into Christ's Hospital aforesaid yearly and " every year for ever, at Easter or within six months after, such four ])Oor " children boys or girls, whether orphans or otherwise, or the children of " freemen of the City of London or unfreemen, not less than seven or more 30 " than ten years of age, as my said executors or the said intended Corporation " and their successors shall think Ht (with preference to my relations as often [a 356] ^ " as any such shall offer themselves), who shall be received into the said " Hospital and have the maintenance and education thereof , and be continued " therein in like manner as other children are maintained and educated in the " said Hospital. And my my (sic) Will is that in case and as often as the said " President and Governors of Christ's Church Hospital shall neglect or refuse 5 " to take in and maintain the said number of boys and girls to them nominated " and qualified as aforesaid, it shall be lawful to my said executors and the " said intended Corporation, and they are hereby directed and desired to apply " tlie said annual sum of £400 to the education and maintenance of such four " poor children as aforesaid in such other school or place and in such other ].0 " manner as they shall think fit." A-ud the said Testator after making several otlier devises and bequests (including some gifts for other charitable purposes) gave the residue of his real and personal estate (after payment of his debts, legacies and funeral charges as therein mentioned, and subject to tlie payment of the several annuities and yearly sums thereinbefore bequeathed) unto the 15 nine persons therein named, their heirs, executors, administrators and assigns respectively upon the trusts and for such uses, intents and purposes as were therein directed, and he appointed the same nine persons executors of his said Will, and after giving directions as to the erection, finishing and furnishing of the buildings in Southwark by him then begun and intended for an hospital, 20 and as to the class of persons who were to be inmates of the said hospital, and as to the regulation thereof, the said Testator for the better and more regular disposition and management of the affairs and business of the said intended hospital, and for perpetuating the charity thereby intended and the provision for the same, thereby ordered his executors and trustees forthwith after his 25 decease to endeavour to obtain Letters Patent under the Great Seal or an Act of Parliament incorporating them, his said executors and trustees, together with certain other persons therein named or referred to, into one distinct and separate body politick and corporate, witli perpetual succession, for the better managing and governing of the said intended hospital, and for the better 30 settling and applying the residue of his estate for such uses as are therein referred to. 2. The said Testator died on the 27th of December, 1724, and his said Will was shortly afterwards duly proved in the Prerogative Court of Canterbury. 35 3. By an Act passed in the 11th year of King George the First, intituled " An Act for incorporating the Executors of the last Will and Testament of " Thomas Guy, late of the City of London, Esqiiire, deceased, and others, in " order to the better management and disposition of the Charities given by his " last Will" ; it was enacted that certain persons therein named (and including 40 the nine persons who were by the said Testator's W^ill appointed the executors thereof) should ])e and they were thereby declared to be incorporated by the name of " The President and Governors of the Hospital founded at the sole " costs and charges of Thomas Guy, Esquire." 4. From the time of the passing of the last-mentioned Act down to the year 1830, the President and Governors of Christ's Hospital were paid hy Guy's Hospital, and accepted from them, the annuity of £l<00 bequeathed by the said "Will, and Guy's Hospital, from time to time during that period, 5 nominated every year, at Easter, or within six months thereafter, four children to be put into Christ's Hospital, in accordance with the terms of the said Will. 5. In or about the year 1830 the Governors of Christ's Hospital declined to accept the nominations of Guy's Hospital, and claimed to be at liberty to abandon the gift of tiie said annuity, together with the condition thereto 10 annexed, and an information was thereupon filed in the High Court of Chancery by Her Majesty's Attorney-General at the relation of Guy's Hospital, against the Pi'esident and G(jvernors of Christ's Hospital, for the purpose of compelling the latter to admit the children as nominated from time to time by Guy's Hospital, and upon the hearing of such information it was 15 decided (see 1 Russell & Mylne's Chancery Reports, p. 626, a copy of whicii is set out in the Appendix D, p. 9) that as the said annuity of £400 was given to the President and Governors of Christ's Hospital and their successors for ever, and having been once accepted by them, they were for ever boimd by the condition, and were not at liberty to retire from it at their pleasure ; and that 20 the provision which enabled Guy's Hospital to apply the said annuity in another manner if the President and Governors of Christ's Hospital should refuse or neglect to act vmder the condition did not authorise such refusal or neglect, but was merely a collateral remedy to secure, at all events, the Testator's charitable intention. 26 6. This decision was not appealed from, and has ever since been acquiesced in by the President and Governors of Christ's Hospital; and Guy's Hospital has, in every year up to Easter last, nominated four children to be put into Christ's Hospital, who have been educated and maintained free of all expense whatsoever, and otherwise in the same manner as the other objects of 30 such Charity (such maintenance including the clothing of the children), and such children have been so educated and maintained accordingly. 7. Although tlie said Thomas Guy died a bachelor, he left him surviving a very numerous body of collateral relations, and in every year since his death there have been candidates (claiming relationship to him) for the nominations 35 to Christ's Hospital so vested in Guy's Hospital as aforesaid, and, in fact, tlie number of such candidates has, in every year, exceeded the number of nominations at the disposal of Guy's Hospital. 8. Before any such candidate has been so nominated as aforesaid, strict proof that he or she was a relation of the said Thomas Guy has always 40 been required by Guy's Hospital, and the fact has always been established to their satisfaction. 9. At the date when such children are so nominated by Guy's Hospital as aforesaid, they are, by the terms of the said Will, bound to be between the ages of seven and ten yeai^s, and they generally remain in Christ's Hospital 4 from six to eiglit years each ; but, taking six years as the average period of residence of each such chikl, it appears that the average number of children, for the time being, in Christ s Hospital, who have been so nominated as aforesaid, has always hitherto been twenty-four. 10. A draft of the above-mentioned scheme was in March, 1885, published 5 l)y the Charity Commissioners for England and Wales acting vmder the provisions of the above-mentioned Act. Such scheme was afterwards amended, and as amended was on the 8th of March, 1886, submitted to the Committee of Council on Education for their approval, and on the 15th of June, 1888, such Committee approved the said scheme and caused the same to be published. 10 Some correspondence took place between the treasurer of Guy's Hospital and the Cliarity Commissioners in relation to the said scheme, but no alteration or amendment was made therein to meet the views of Guy's Hospital. 11. The said annuity of £100 a year so bequeathed by the said Thomas Guy is one of the endowments dealt with by the said scheme, and Guy's 15 Hospital claim to be the " Governing Body " within the meaning of the above- mentioned Acts of that endowment. Such endowment is by said sclieme directed to be applied wholly for the educational purposes thereof, and by the 85th clause of such scheme, the parents or next friends of all cliildren who are able to contribute substantially towards their education and maintenance will 20 be bound to contribute to the General Eund of the Foundation from £10 to £20 per annum as the Council of Almoners shall in each case direct, and, by the 85tli and 86th clauses thereof, certain qualifications on the part of the parents or next friends of the children or of the children themselves are required, the ascertaining of which is placed in the hands of the Council of Almoners and by 25 the 99th clause thereof it is provided in effect that for a period of 20 years from the date of such scheme eight places on the foundation only shall be reserved in respect of the trusts of the Will of the said Thomas Guy for children to be presented by Guy's Hospital and tliat such nominees shall be confined to children who are relations of the said Thomas Guy. Moreover the benefits so 30 purported to be reserved by this clause in favour of Guy's Hospital and the relatives of the said Thomas Guy are prejudically affected by the provisions contained in the 60th clause of the said sclieme. 12. It appears therefore that the said scheme abolishes or modifies the privileges or educational advantages to which children who are relations of the 35 said Thomas Guy are at present entitled, and does not have due regard to the educational interests of such class of children, for the number of such children who during the period of 20 years will be capable of being nominated by Guy's Hospital will be very materially reduced, and at the end of that period no such child will, for ever thereafter, be capable of being so nominated. In addition 40 to this serious objection, the parents or next fricMids of the few children who an; relations of Thomas Guy, and who may be so nominated during the aforesaid j)eriod may be compelled to contribute towards the maintenance and education of such children, and the requirements or qualifications required by the said scheme will be inquired into by the Council of Almoners alone, and Guy's Hospital will have no voice on such inquiry. 13. Guy's Hospital also feels aggrieved by the said scheme because instead of having a perpetual right of nominating in every year four children, they Tvill 5 only have a restricted right of nomination for the limited period of 20 years, and also that having regard to the present number of children in Christ's Hospital who have been so nominated by Guy's Hospital as aforesaid, and to the ages of such children, it is probable that the right of Guy's Hospital to make any nomination will be altogether suspended for some years, and even 10 wlien such right of nomination again takes effect the number of nominations which are by the said scheme in etfect reserved to Guy's Hospital will, in every year in all probability be considerably reduced. 14. The probable practical result of the said scheme so far as relates to the number of children who will be capable of being nominated by Guy's 15 Hospital during the period of 20 years appears from the affidavit of Mr. E. H. Lushington (the treasurer), a copy of which is set out in the Appendix D, p. 11. 15. If Her Majesty by Order in Council think fit to approve the said scheme generally and in other respects, Guy's Huspital nevertheless submits that the said endowment or annuity of £400 should be withdrawn from such 20 scheme, and that effect should be allowed to be given to the alternative gift contained in the Will of the said Thomas Guy, which was to come into operation in case the children nominated by Guy's Hospital should not be admitted into Christ's Hospital and that Guy's Hospital should be authorised or pei-mitted to apply the annu.ity of £400 as in the said Will is directed on the happening of 25 this event, and that clauses should be inserted in the said scheme for carrying this into effect. 1(5. Guy's Hospital crave leave to refer in its entirety to the said scheme and submit that the same ought not to be approved of in respect of the mattery and questions which directly affect and aggrieve them and the class of 30 children who are eligible as their nominees for the following among other REASONS. 1. Because the said scheme (so far as it relates to Guv's Hospital and the class of children who are eligible as their nominees) is one which is not within the scope of or made 35 in conformity with the Endowed Schools Act 1869 and the amending Acts. 2. Because the said scheme (so far as it relates to the class of children who are eligible as the nominees of Guv's Hospital) has not due regard to the educational interests to which regard is, by the Endowed Schools Acts, required to be had, and abolishes or modifies privileges and educational advantages, to which that class of children or children in that class of life are entitled. Because the said scheme reduces the number of children 5 to be nominated by Guy's Hospital in each year, and may impose contributions on the parents or next friends of those children who are so nominated. Because the said scheme, during the period of 20 years, prejudicially affects the rights and interests of the children, 10 who are relatives of the said Thomas Guy ; and, at the expiration of such period, altogether deprives Guy's Hospital of any right of nomination, and altogether abolishes the rights of the relations of the said Thomas Guy. Because the said scheme limits the class of children from 15 which Guy's Hospital may select their nominees. Because the said scheme deprives Guy's Hospital of the right reserved to them by the said Will of the said Thomas Guy, in the event of Christ's Hospital neglecting or refusing to take in and maintain four children duly 20 nominated by them (which neglect or refusal will in effect eventually happen), of applying the said annuity of £400 to the education and maintenance of four poor children in such other school or place, and in such other manner as Guy's Hospital may think fit. 25 Because the said scheme, so far as it relates to Guy's Hospital, both as the Governing Body of this endowment of £400 per annum and otherwise, and also to the class of children who are eligible as their nominees is unjust and nexpedient. 30 HENRY B. HOWARD. |iT tbc ^nbiT Counnl. IN THE MATTER OF CHRIST'S HOSPITAL ; IN THE MATTER OF THE ENDOWED SCHOOLS ACTS; AND IN THE MATTER OF A SCHEME FOR THE ADMINISTRATION OF CHRIST'S HOSPITAL. CASE IN SUPPORT OF THE PETITION OF GUY'S HOSPITAL. WINTER & CO.. 16 Bedford Rxnc, W.C., Solicitors fob Guy's Ho-spital. Spottiswoocie & Co., Printers, New-atreet SKpmre. London, Jn tfe friti^ Ql0imdL IN THE MATTER of the FOUNDATION known as THE HOSPITAL of EDWARD late King of England the Sixth of Christ commonly called CHRIST'S HOSPITAL ; AND IN THE MATTER of the ENDOWED SCHOOLS ACT 1869 and amending Acts ; AND IN THE MATTER of a Scheme made by the Commissioners under the said Acts, intituled " A Scheme for the " Administration of the above-mentioned Foundation." APPENDIX D. WINTER & CO. Solicitors foe the Petitionees, Guy's Hospital. FAEEER & CO. SOLICITOES FOE THE ChAEITY CoMMISSIONEES. PHIXTED BY SrolTISWOODE AND CO., NEW-STREET SQUARE LONDON INDEX. NO. PAGE 1. Petition of Guy's Hospital ... ... ... ... ... ... ... .-. ■■ ^ 2. The Case of Attorney- General v. Christ's Hospital, as reported in 1 Rnssell & Mylne's Chancery Reports, p. 626 ... ... ... ... ... •■• ... 9 3. Affidavit of Edward H. Lushington, Esq., in support of the Case of Guy's Hospital ... 11 4. Extract from Messrs. Wrottesley & Smith's Report of 1837, in Vol. 3'2, Part 6, of the Charity Commissioners' Reports, p. 170 ... ... ... ... ... ... 14 5. Letter from Messrs. Parrer & Co. to Messrs. Winter & Co 15 6. Letter from Messrs. Winter & Co. to Messrs. Farrer & Co. ... ... ... ... l-S 7. Letter from Messrs. Farrer & Co. to Messrs. Winter & Co. ... ... ... ... 16 8. Letter from Messrs. Winter & Co. to Messrs. Farrer & Co 16 9. Letter from Messrs. Farrer & Co. to Messrs. Winter & Co. ... ... ... ... 17 10. Letter from Messrs. Winter & Co. to Messrs. Farrer & Co. ... ... ... ... 17 11. Letter from Messrs. Winter & Co. to Messrs. Farrer & Co 18 12. Particulars of the further grounds of objection by Guy's Hospital to the Scheme ... 19 |n the friiiii (Kounctt. IN THE MATTER of the FOUNDATION known as THE HOSPITAL of EDWARD late King of England the Sixth of Christ commonlv called CHRIST'S HOSPITAL ; AND IN THE MATTER of the ENDOWED SCHOOLS ACT 1869 and amending Acts ; AND IN THE MATTER of a Scheme made by the Commissioners under 10 the said Acts intituled " A Scheme for the Administration of the " above-mentioned Foundation." APPENDIX D. No. 1. Appendix D. Xo. 1. The Petition of The Petition of (jiuy's Hospital. guvs Hospi.ai. 15 To the QUEEN'S MOST EXCELLENT ]\IAJESTY in COUNCIL. The HUMBLE PETITION of the PRESIDENT and GOVERNORS of the HOSPITAL founded at the sole costs and charges of THOMAS GUY, Esquire, SHEWETH as follows : 20 1. By the Will of the above-named Thomas Guy, late of the Cily of London, deceased, dated th.> ith of September, 172i, after referring to a corporation which he intended sliould be obtained for the purpose ot tlie Hospital tliereinafter mentioned, made (among other devises and bequests) the following b(>quest :" Item, I give to the President and Governors of Christ's 25 " Hospital in London, and their successors for ever, one annuity or yearly sum " of £100, to be paid by my said executors till such intended corporation shall [a 354] « Al'Pt-KDIX D. 6 " be obtained and take effect, and then by such intended corporation or their Xo. 1. " treasurer for the time being ; provided nevertheless and upon this condition ■Guy\iHospifaL " ^'^^^^ ^^J ^^^^^ exccutors and such intended corporation and their successors " shall have liberty from time to time to nominate and put into Christ's Hospital " aforesaid yearly, and every year for ever at Easter, or within six months after, 5 " such four poor children, boys or girls, whether orphans or otherwise, or the " children of freemen of the City of Loudon, or unfreemen, not less than seven " or more than ten years of age, as my said executors or the said intended " corporation or their successors shall think fit, with preference to my relations " as often as any such shall offer themselves, who shall be received into the said 10 " Hospital and have the maintenance and education thereof, and be continued " therein in like manner as other children are maintained and educated in the " said Hospital. And my Will is, that in case and as often as the said President " and Governors of Christ Church Hospital shall neglect or refuse to take in " and maintain the said number of boys and girls to them nominated and 15 " qualified as aforesaid, it shall he lawful to my said Executors and the said " intended corporation, and they are hereby directed and desired, to apply the " said annual sum of £400 to the education and maintainence of such four poor " children as aforesaid in such otiier school or place and in such other manner " as they shall think fit." And for the better and more regular disposition and 20 management of the affairs and business of the said intended Hospital, and for perpetuating the charity thereby intended and the provision for the same, the said testator thereby ordered his executors and trustees forthwith after his decease to endeavour to obtain Letters Patent under the Great Seal or an Act of Parliament incorporating them his said executors and trustees, together with 25 certain other persons therein named or referred to, into one distinct and sepai'ate body politic and corj)orate, with perpetual succession, for the better managing and governing of the said intended Hospital, and for the better settling and applying tlie residue of his estate for such uses as are therein referred to. 2. The said testator died on the 27th of December, 1721, and his said 30 AVill was shortly afterwards duly proved in the Prerogative Court of Canterbury. 3. By an Act passed in the 11th year of King George the First, intituled " An Act for incorporating the executors of tlic last "Will and Testament of " Thomas Guy, late of the City of Loudon, Esquire, deceased, and others, in oi'der " to the better management and disposition of the charities given by his said 35 " last Will," it was enacted that certain persons therein named should be, and they were thereby declared to be incorporated by the name of your petitioners. 4. Erom the time of the passing of the last-mentioned Act down to the year 1830, the President and Governors of Christ's Hospital were paid by your petitioners, and accepted from them the annuity of £400 bequeathed by the 40 said Will, and your petitioners from time to time during that period nominated every year at Easter, or witliin six mouths thereafter, four cnildren to Ije put into Christ's Hospital in accordance with the terms of the said AVill. 5. In or about the year 1830 the Governors of Christ's Hospital declined to accept the nominations of your petitioners, and claimed to be at libei'ty to abandon the gift of the said annuity, together with the condition thereto ' Jl — '. annexed, and an information was thereupon filed by Her Majesty's Attorney- ^'".- 1- General in the High Court of Chancery against the President and Governors of Guy's Hospiiri. Christ's Hospital for the purpose of compelling the latter to admit the cliildren 5 so nominated from time to time by your petitioners, and such information came on for hearing before Sir John Leach, Master of the Rolls, in the month of June, 1830 (see 1 llusselland Mylne's Reports, Chancery Reports, G2G), and from such rejiort it appears that it was contended on behalf of your petitioners that the annuity of £-100 a year was given to the President and Governors of 10 Christ's Hospital on condition that your petitioners should have liberty yearly, and eveiy year for ever, to put into Christ's Hos])ital four children, to be educated and maintained in the same manner as the other objects of that charity, and that the legacy could not be accepted ia part and rejected in part, and it having been accepted by the Governors of Christ's Hospital for a long 15 period of years they were therefore bound for ever by the condition, and the judgment of the Master of the Polls as given by such report is as follows : — • " If the annuity were given to Christ's Hospital for such time only as they " should continue to act upon the condition, then indeed they Avould bo at " liberty to retire from it at their pleasure. But here the annuity is given 20 " to them and their successors for ever, and having once accepted it, they are " for ever bound by tlie condition. The latter part of the clause which " authorises the executors or the intended corporation to apply the £400 a " year in another manner, if the Governors of Christ's Hospital shall refuse or " neglect to act under the condition, is not to be considered as authorising 25 " that refusal or neglect, but as a collateral remedy to secure at all events the " testator's charitable intention." (j. The said decision of the Master of the Rolls was not appealed from, and has ever since been acquiesced in by the President and Governors of Ciirist's Hospital, and your petitioners have in every year vip to Easter last 30 nominated four childrc^n to be put into Ciirist's Hos})ital and to be educated and maintained in the same manner as the otiier objects of such charity, and such children have been so educated and maintained accordingly. 7. A draft of the above-mentioned scheme was in March 1885 published by the Charity Commissioners for England and Wales, acting under the 35 provisions of the above-mentioned Act. Such scheme was afterwards amended, and, as amended, was on the 8th of March, 1886, submitted to the Committee of Council on Education for tlunr approval, and on the 15th of June, 1888, such Committee approved the said scheme, and caused the same to ])e published. 40 8. By the said scheme it appears (Clause 1) : " The endowments dealt " with by this scheme are tlie endowments " (other than certain excepted endowments, and not including in such exception tlie said annuity of £400 so l)equeathed by the said Thomas Guy) "which at the date of this scheme are " vested in or administered by or under the control of or are subject to any " power of government or management actually exercised by the Governors 8 Appendix D. "of -Christ's Hospital above mentioned, elected, and appointed under the No. 1. " provisions of an Act of Parliament" therein referred to. And it is by the Guy-' Hosnha/ scliemc (Clause 3) provided that (subject to the payment of certain yearly and other sums therein referred to, and not including the said annuity of £400 ])eing continued to be paid as therein mentioned) the endowments of the 5 foundation shall be applied wholly for the educational purposes of this scheme, and Clause 99 of the said scheme is as follows : " For a period of 20 years " from the date of this scheme two places on the foundation shall be reserved " in respect of the trusts of the Will of Thomas Lockington, dated the 18th of " April, 1716, for children being relations of the said Thomas Lockington, or in 10 " default of such relations then being of his surname, such children to be " nominated by the Council of Almoners for admission, subject to the provisions " of this scheme and to any regulations in force for the time being, and for " the same period eight places on the foundation shall be reserved in respect of " the trusts of the Will of Thomas Guy, dated the 4th day of September, 1724, 15 " for children being relations of the said Thomas Guy, such children to be " presented by the Governors of Guy's Hospital for admission, subject as " aforesaid, and for the same period one place on the foundation shall be " reserved for a fatherless boy of the surname of Stock, such boy to be " nominated by the Council of Almoners for admission, subject as aforesaid." 20 9. Your petitioners submit if the said scheme in its present form receives the approval of your Majesty, that your petitioners instead of having the right in perpetuity of nominating four children at Easter in every year to be put into Christ's Hospital, and to be educated and maintained there in the same manner as the other objects of that charity, they Avill only have such right of 25 nomination for the limited period of 20 years, and inasmuch as children generally remain in that institution for several years, the eight places on the foundation reserved by the said scheme to your petitioners may and probably will remain filled up for several years, so that in effect many years may and probably will elapse before your petitioners will have the right to nominate any 30 child, and at all events the number of nominations in each year reserved to your petitioners will be less than four. Also by the said scheme your petitioners in making their nominations are limited to relations of the said Thomas Guy, whereas by the terms of his said Will their poAver of nomination is practically unrestricted, inasmuch as their nominees may be any poor children of freemen 35 of the city of London, or unfreemen ; preference only being given to the relations oi the said Thomas Guy so often as any such shall offer themselves. 10. Your petitioners feel aggrieved by the said scheme on several grounds, and in particular on the ground that it does not save or make due compensation for their vested interest as required by the said Endowed Schools Act 1869, 40 and on tlie ground that the said scheme is one which is not within the scope of or made in conformity with the said Act. 11. The scheme also contains clauses other than those hereinbefore referred to, which, if approved of by your Majesty as they now stand, will be injurious to the rights, interests and property of your petitioners, and there 9 are provisions not inserted therein which are necessary for the protection of appendix d. your petitioners. '^^ The Petition of Guy's Hospital. Your petitioners therefore humbly pray that your Majesty in Council will be graciously pleased to withhold your approval from 5 the_ said scheme so far as it affects the rights and interests of your petitioners. And your petitioners will ever pray, &c. The Seal of the President and Governers of the Hospital founded at the sole costs and charges ^-^ of Thomas Guy, Esquire, was affixed to this f /\ 10 Petition in my presence, ' Edward H. Lushington, Treasurer. No. 2. Appendix D. No. 2. The Case of Attorney-General v. Christ's Hospital, as AuoS-Generai,. 15 reported in 1 Eussell & Mylne's Chancery Reoorts. r^ported^rrMi & Mylne's Chancery reported in 1 Russell & Mylne's Chancery Reports 6~trt *' J- ' K luyme s unani ZO. Reports, p. 626 1830. June 22. Where an annuity is given to a Mr. Guy, who was the founder of Guy's charitable institution for ever Hospital, in his Will, after mentioning a 20 upon a condition, and is once charter of incorporation which he intended accepted and acted upon, it that charity should obtain, made a bequest cannot afterwards be renounced in the following words. (Then follows the at pleasure, although the gift is bequest set out in p. of the " lease " of coupled with a direction that Guy's Hospital.) The Governors of Christ's 25 upon the neglect or refusal of Hospital accepted the legacy, and from the the institution at any time to year 1725 to the present time complied with act upon the condition the the annexed condition ; but they now annuity shall be ajiplied in declined to do so any longer, contending another manner. that by the true construction of the latter 3^ part of the bequest they were not bound by the acceptance of the legacy to continue to act under it, but were at libei-ty to abandon the gift, together with the condition annexed to it, whenever thev thought fit. ^ [a 354] C 10 APPENDIX D. Mr. PEMBERTON and Mr. WIGRAM for the relators :— No. 2. The sum of £iOO a year is given to the Governors of Chi-ist's Hospital and The Case of Attornev-General v. their successors for ever ; but it is given upon condition that the Governors of ciVrists'HosprtaV.as Guj's Hospital, and their successors, should have liberty yearly and every year & jrine'sViiancer" ^^^ ^^^^' ^° P^^ ^'^^'^ Christ's Hospital four children to be educated and main- 5 Reports, p. 626. talued iu the same manner as the other objects of that charity. The legacy could not be accepted in part and rejected in part, it could not be accei)ted for 100 years, and no longer ; being accepted it was accepted absolutely, and the Governors of Christ's Hospital are therefore bound for ever by the condition. The direction for applying the annuity to the education and maintenance of an 10 equal number of poor children in some other place in case the Governors of Christ's Hospital should neglect or refuse to admit them, does not give a right so to refuse or neglect. Mr. BICKERSTETH and Mr. PHILLIMORE contra :— This is a bequest of a yearly payment subject to a condition which is to be 15 pei'formed yearly, and the testator, contemplating that at some future time the parties might deem the condition too burdensome, and decline to comply with it, has in that event directed the yearly sum to be differently applied. It is not consistent with the language of the Will to say that the testator considered that the Governors of Christ's Hospital, if they once accepted any of the yearly 20 payments, were never to be at liberty at any future time to neglect or refuse to admit four boys yearly. The sum of £400 a year is not at present suflBcient to maintain four boys or girls yearly for the whole length of time during which each child, when once admitted, is entitled to remain on the foundation ; and the extra expense must be provided for out of the other projierty of the 25 charity. It is not likely that the testator should have intended, instead of benefiting Christ's Hospital, to create an incumbrance on its funds, and such a purpose cannot reasonably be imputed to him. The MASTER OE THE ROLLS :— If the annviity were given to Christ's Hospital for such time only as they 30 should continue to act ujion the condition, then, indeed, they would be at liberty to retire from it at their pleasure. But here the annuity is given to them and their successors for ever, and having once accepted it they are for ever bound by the condition. The latter part of the clause, which authorises the executors or the intended corporation to apply the £400 a year in another 35 manner, if the Governors of Christ's Hospital shall refuse or neglect to act under the condition, is not to be considered as authorising that refusal or neglect, but as a collateral remedy to secure at all events the testator's charitable intention. 11 No. 3. Appendix D. No. 3. Affidavit of Edward H. Lushington, Esquire, in support ^^^^ll,^^'"''' of the Case of Guy's Hospital. otrca^TS;:^ I, EDWARD HARBORD LUSHINGTON, of The Treasurer's House, 5 Guy's Hospital, in the County of Surrey, Esquire, treasurer of the said Hospital, make oath and say as follows : 1. I am now and have been for twelve years last past treasurer of Guy's Hospital, and it is one of the duties of my office to inquire into and consider all applications made to the PresidoDt and Governors of such Hospital by candidates desirous of being nominated as inmates of Christ's Hospital, under the power 10 of nomination conferred upon Giiy's Hospital by the Will of the late Thomas Guy, and I have also the custody of all the deeds and other documents belonging to Guy's Hospital which relate to Christ's Hospital, and to the nominations made thereto, and also which relate to the arrangements and other dealings which have from time to time been made and taken place 15 between Guy's Hospital and Christ's Hospital ; from my knowledge derived from these sources, and from otherwise discharging the duties of my office as such treasurer as aforesaid, I am able to depose to the statements hereinafter contained. 2. Erom tlie time of the passing of the Act in the 11th year of King 20 George the Eirst, intituled " An Act for incorporating the Executors of the " last Will and Testament of Thomas Guy, late of the City of London, Esquire, " deceased, and others, in order tn the better management and disposition of " the Charities given by his said Will " down to the year 1830 the President and Governors of Christ's Hospital were paid by Guy's Hospital, and accepted 25 from them, the annuity of £400 bequeathed by the said Will, and Guy's Hospital, from time to time during that period, nominated every year at Easter, or within six months thereafter, four children to put into Christ's Hospital, in accordance with the terms of the said Will. 3. In or about the year 1830 the Governors of Christ's Hospital declined 30 to accept the nominations of Guy's Hospital, and claimed to be atliberty to abandon the gift of the said annuity, together with the condition thereto annexed, and an information was tliereupon tiled in the High Court of Chancery by Her Majesty's Attorney-General, at the relation of Guy's Hospital, asainst the President and Governors of Christ's Hospital, for the purpose of conipelling 35 the latter to admit the children so nominated from time to time by Guy's Hospital, and upon the hearing of such information it was decided that, the said annuity having been once accepted by Christ's Hospital, they were bound by the condition contained in the said Will, and were not at liberty to retire from it. — A Report of this case is contained in 1 Russell and Mylne's Chancery Reports, p. 626. Hospital. 12 ApptxDix D. 4. This decision was not appealed from, and has ever since been acquiesced xo. H. in by the President and Governors of Christ's Hospital, and Guy's Hospital has Affidavit of Edward [n every year up to Easter last nominated four children to be put into Clu'ist's Esqu'?re.'ins''u°pport Hospital, who havc bccu educated and maintained free of all expense of the Case of Guy's whatsoevcr, and otlierwisc in the same manner as the other objects of such 5 "'"''"'^ ' charity (such maintenance including the clothing of the children), and such children have been so edvicated and maintained accordingly. 5. Although the said Thomas Guy died, as I believe, a bachelor, he left him surviving, according to the best of my knowledge, information, and belief, a very numerous body of collateral relations, and, so far as I have been 10 able to ascertain the fact, I say tliat in every year since his death there have been candidates (claiming relationship with him) for the nominations to Christ's Hospital so vested in Guy's Hospital as aforesaid, and that the number of such candidates has in every year exceeded the number of nominations at the disposal of Guy's Hospital. The number of such excess 15 applications during the last 40 years has been more than one hundred. 6. Since I have been treasurer of Guy's Hospital, speaking from my own knowledge, and prior thereto, speaking to the best of my knowledge, information, and belief, I say that before any such candidate has been so nominated as aforesaid, strict proof that he or she was a relation of the said 20 Thomas Guy has always been required by Guy's Hospital, and the fact of such relationship has in cases of all nominated candidates always been estabhshed to the satisfaction of the President and Governors. 7. The children so from time to time nominated by Guy's Hospital are at the date of nomination always between 7 and 10 years old, and they 25 generally remain in Christ's Hospital six to eight years, but assuming six years as the average period of residence of each child, it will be seen that the average number of children for the time being in Christ's Hospital who have been so nominated as aforesaid has hitherto been 24. 8. Assuming therefore further, tliat at Easter 1889 there will be 24 30 children, relations of the said Thomas Guy, who have been so nominated by Guy's Hospital as aforesaid, that number will not be reduced below eight until Easter 1894, and in that year and the following year the right of Guy's Hospital under the proposed scheme (see Clauses 60 and 99) to appoint relatives of the said Thomas Guy will for the first arise, and in each of these years they 35 will be capable under the said scheme of nominating foiu- children. The eight children so then nominated (viz. four in 1894 and four in 1895^, will not on the aforesaid assum])tions leave Christ's Hospital until the years 1900 and 1901 respectively, when the right of nomination under the said scheme will again arise, and in each of these years they will again be capable of nominating four 40 children. The eight cliildren so then nominated (viz. four in 1900 and four in 1901), will not, on the assumptions aforesaid, leave Christ's Hospital until 1906 and 1907 respectively, when the right of nomination under the said scheme will once again and for the last time arise, and in each of such last-mentioned years they will again nominate four children, but inasmuch as none of the 13 10 ir(i children so nominated in the years 1900 and 1907 respectively will, on the appendix d. assumptions aforesaid, leave Christ's Hospital until the year 1912 at the n,, ^ earliest, the right of nomination purported to be reserved by Clause 99 of the Affidavit of i:dw; said scheme in favour of tlie relatives of Thomas Guy for a period of 20 years E«u,i.t'i'.f support will never again arise, as that period will have then expired, and the result °f "^? Case of uuy will be tliat during the wdiole of the said period of 20 years there will only ""P'"^^- be 24 nominations to which candidates who are relatives of the said Thomas Guy will be eligible, whereas if the present riglits of Guy's Hospital and their nominees were preserved and continued, Guy's Hospital would during such period be capable of nominating 80 candidates. The purport and accui'aey of the statements contained in this paragraph, will be more clearly seen from the following Table : — Year II W3 D IN THE MATTER of the ENDOWED SCHOOLS ACT, 186!), and AMENDING ACTS AXD IN THE MATTER of a Scheme made by the Commissioners under the 10 said Acts, entituled, " A Scheme for the Administration of the above- mentioned Fomidation." THE CASE OF THE APPELLANTS THE WARDENS AND COMMONALTY OF THE INIISTERY OF FISHMONGERS OF THE CITY OF LONDON. 1. — Mark Quested, a Citizen and Freeman of the said Fishmongers Company, duly made and executed his last 'NMll dated the 27th of January, 1042. and thereby devised, gave and bequeathed unto the AWirdcns and Commonalty of the Mistery of Fishmongers of the City of London and to their successors " for ever All that his Manor of Pencourte in Ilollingborne in the County of Kent, 20 with its rights, members and ajipurtenances whatsoever, and all messuages,, lands and tenements to the same Manor belonging then in tlie occupation of Thomas Thatcher (for which he paid unto the said Testator One hundred and eighty-two pounds yearly) To have and to hold to the said "Wardens and Commonalty and their successors for ever to and for the uses thereinafter mentioned and expressed, viz., his will and meaning was that the said Wardens and Commonalty with One hundred fourscore and two pounds one whole yearly revenue thereof And with £100 more which he thereby gave and bequeathed unto the Wardens and Commonalty of the said ]Mister3' for the time beino- out of his personal estate should within as short a time as they could after his 30 decease purchase a piece of ground and thereon build 12 Almshouses together in the Parish of Harrictsham in the County of Kent where he was born. And that they admit and place therein 12 poor Almsfolko to inlial»it in the same houses and that they pay unto every one of those 12 Almsfolke six pounds per annum out of the rents and revenues of the said Manor for their maintenance Six of which Almsfolke he willed should be of the poor of the said Parish of Ilarrietsham to be presented unto the said Wardens and Commonalty bv two of the next Justices of Peace the Churchwardens Overseers and most substantial Inhabitants of the said Parish and tlie other six Almsfolkes to be of the poor free of the Company of Fishmongers aforesaid. And ho willed that the Wardens aud Assistants of the said !Mistcry or the more part of them shall admit place displace aud govern the said 12 Almsfolkes there for ever. Item the Testator gave and bequeathed and his will was that the said Wardens aud Commonalty and their successors for ever should give and pay unto four Masters of Arts eight pounds a piece yearly and unto four Students four pounds a piece yearly during so long time as they should abide and remain at their study in either of the Universities of Oxford*^ or Cambridge, being poor aud having need thereof for their maintenance there according to the discretions of the said Wardens and Assistants or the more part thereof, from time to time being by them thereunto first nominated and elected, which exhibitions should be paid out of 10 the Revenues of the Manor aforesaid mentioned and expressed. And the said Testator thereby stated his will and mind to be that the Wardens and Common- alty of the ]\Iistery aforesaid out of the same revenues should pay to the Governors of Christ's Hospital yearly for ever for and towards the maintenance of ten poor children such as the more part of the Wardens and Assistants of the said Mistery from time to time should send thither, being freemen's children of the said Company, if any such should need, or others for want of such four pounds a piece being forty pounds per annum, and every year on St. Marks day a Silver Dolphin for a badge for every one of those ten children to wear on their sleeves continually that they might be known to be the said 20 Company's poor children. And his Will and mind was that the Wardens and Commonalty aforesaid and their successors for ever should have all the rest and residue of the revenues of the said Manor and premises to make their Livery a dinner yearly for their care and pains in the premises. And the said Testator gave and bequeathed unto his wife Elizabeth Quested one full third part of all the revenue of his lands and one full third part of all his goods chattels and personal estate. 2. — The said Mark Quested died shortly after the date of his said Will and Letters of Administration to the estate of the said Testator with the said Will annexed were on the 2Lst of February, 1642, granted to his widow Elizabeth 30 Quested, by and out of the Prerogative Court of the Archbishop of Canterbury, the Executors in the said Will having renounced probate thereof. 3. — The said Elizabeth Quested died previously to the year 1683, and in that year it had been ascertained that the annual rents and profits of the said Manor and lands were wholly insufficient to pay the sums which the said Testator had by his Will directed should be paid thereout, and a Committee was appointed by and on behalf of the Fishmongers' Company to meet a Committee appointed by and on behalf of Christ's Hospital to consider and agree what ought to be done in the aforesaid matter. 4. — The said Committees met on the 7th of February, 1683, and it was then 40 agreed by the Committee for the said hospital that the said Fishmongers' Com- pany paying to the said Governors of Christ's Hospital the sum of £200 they would receive six poor children forthwith into the said hospital to be presented to them by the said Company upon paying in respect of each child the sum of €4. 3s. 4d. a year to them toward their maintenance therein. But that the Badge should not be worn by the said children for that none wear badges than only those of the King's Majesty's Foundation. And that as any died or were dis- posed of others shouUl be presented and taken into their room And that if tliereafter the rents of the laiuLs sliould rise or fall the uunil)er of tlie cliildi'en should be increased or lessened accordingly to all which the Committee for the said Company according to their order decided to report the same to the next Court to be holden for their said Company for their order therein. 5. — The said Conmiittee for the said Company duly reported the said arrangement to a subseciuent Court of the said Company who approved of the said arrangement and duly paid to Clu'ist's Hospital the sum of £2U0 in pursuance thereof 10 6. — Ever since the year 1683 up to the present time the said Agreement has been acted upon by both the Fishmongers Company and Christ's Hospital. The Fishmongers Company have always exercised their said right of presenta- tion with great care and discrimination and have always elected children of poor freemen of the said Company who were suitable objects of the said Charity. Christ's Hospital has always since 1683 received, maintained and educated six sons of i^oor freemen of the said Company who have been selected and presented by the Fishmongers' Company as vacancies occurred, and the Fishmongers' Company have duly paid to Christ's Hospital the sum of £4. 3s. 4d. a year for each child presented by them, and maintained and educated by the Hospital so 20 long as he was so maintained and educated. 7. — The Appellants in the years 1803, 1829 and 1834 relying upon the said Agreement paid to Christ's Hospital as a further endowment and contribution towards the maintenance of the children who sliould be presented by the Appel- lants the sums of £210, £200 and £105. 8. — In the year 1885 the Charity Commissioners for England and Wales^ acting under the provisions of the above-mentioned Acts of Parliament, pub- lished a draft scheme for the administration of the Foundation of Christ's Hospital. Such scheme was afterwards amended, and, so ameiuled, was on the 8th day of Mai'ch, 1886, submitted to the Committee of Council on Education for 30 approval, and on the 15th day of June, 1888, the said Committee approved the said scheme as submitted to them and caused the scheme so approved to be published. U. — The scheme as published contains amongst others the following pro- visions, that is to say : — (85) " Subject as hereinafter provided for the admission of non-founda- '• tioners into the Preparatory School all children admitted to the Hospital " Schools shall be regarded as admitted on the Foundation of the Hospital •' and shall be called Foundationers. No child shall be admitted on the " Foundation of the Hospital whose parents or next friends shall not in the 40 " opinion of the Council of Almoners be in need of assistance towards " the education and maintenance of such child. Any child so admitted " whose parents or next friends are in the opinion of the Council of '• Almoners not able to contribute substantially towards his or her educa- " tion and maintenance shall be free of all charge. In respect of every " child so admitted whose parents or next friends are in the opinion of the " Council of Almoners able to contribute substantially towards his or her '' education and maintenance there shall be paid in aid of the General fund " of the Fouiuiatiou such vearlv sum heino' not less than £10 uor nioie than '" £20 as the Council of Almoners shall in each case direct provided that " at least one-third of the places on the Foundation shall always Tte filled " by children (]ualified under this clause to be free of all charge subject as " herein provided all children admitted on the Foundation of the Hospital " shall receive education maintenance and clothing at the cost of the Found- " ation. For the purposes of this clause any person who is in the judgment " of the Council of Almoners resjDonsible for the maintenance of a child " shall be deemed to be next friend of such child." (90) " Each of the Livery Companies of the City of London named 10 " in the following Table shall be entitled to present for admission as Foun- " dationers subject to the provisions of this scheme and any regulations in " force for the time being such number of boys and girls respectively as is " set against the name of such Company in the same Table and upon any " such boy or girl ^jresented by such Company as aforesaid dying or being " discharged from or leaving the Hospital to present one other boy or girl " as the case may be for such admission subject as aforesaid and so on " from time to time." The numl)er in the said Table set against the name of the Appellants was one boy only. (91) " Subject to the approval of the Charity Commissioners the Council " of Almoners shall have power from time to time to award to the Fish- " mongers Company and the Skinners Company or either of them in " consideration of future gifts to the Foundation whether in the form of " Capital Endowment or of annual payments further presentations to be " exercised under conditions securing merit in the children presented but " so that the whole number of presentations to be exercised by either of " the two last-named Companies shall not exceed the number of presenta- " tions hitherto exercised by such Company." (148) " The Charity Commissioners mux from time to time in the 30 " exercise of their ordinary jurisdiction frame schemes for the alteration of " any portions of this scheme provided that such schemes be not inconsis- " tent with anything contained in the 'Endowed Schools Act 1869'" and " Amending Acts." 'o 20 10. — The Appellants are a body corporate who have the right of holding or the power of government or management over the endowments provided by the said Will of the said Mark Quested aiul they have the power of ajipointing poor children of Freemen of the said Company with emoluments out of the said endowment and they are the (Joverning body of the said endowment within the meaning of the " Kndowed Schools Act 1869." 40 11. — The Appellants have appealed against the said scheme and have asked Her ^Majesty to withhold her approval to the said scheme as they are advised and submit "that such scheme is not within the scope of or made in conformity with the said " Endowed Schools Act 1869," and that the scheme has not due regard to the educational interest of the poor children of I'Veemen of the Fishmongers Company to which regard is rec^uired by the last-mentioned Act to be had on the abolition or modification of the privileges or educational advantages to \vliicli the children of Freemen of the said Company are entitled. 12. — The Appellants are advised and submit that it is not clear from the said scheme whether it is intended tliat the six sums of £4. os. 4d. each Avliich have heretofore been paid by the Appellants to Christ's Hospital for each of the six poor children presented by the said Fishmongers Company to Christ's Hospital will continue to be payable or Mdiethcr only one of such sums will from henceforth be payable to Christ's Hospital in respect of the boys to be hereafter presented for admission by the Appellants. 10 13. — The Appellants submit that the prayer of the said Petition ought to be granted, and the approval of Her Majesty in Council ought to be v/ithheld from such Scheme or such part thereof as affects the rights and interest of the Appellants as such Governing Body as aforesaid or the educational interests and advantages of the children of the poor Freemen of the said Company for the following (among other) reasons : — 1. — Because the Scheme does not have due regard as required by the said " Endowed Schools Act 18G9," to the Educational interests and advantages to which the children of the poor Freemen of the Company are entitled. 20 2.— Because the proposed Scheme by reducing the number of the presentations for admission to be^made by the Appellants to one and by ignoring or setting aside the said Agreement abrogates rights' and privileges granted to the Appellants for valuable con- sideration paid by the Appellants to Christ's Hospital. 3. — Because the said Scheme does not release or provide for the appli- cation of the monies heretofore paid by the Appellants for the education of the children of poor Freemen of the said Fishmongers Company. 4. — Because the said Scheme is not within the scope of or made in oO conformity with the said Act. 5. — Because the said scheme gives imcontrolled power to the Charity Commissioners of altering the present proposed Scheme and thus to prejudice the riglits and interests of the Appellants and the children of tlie pooi^ Freemen of the said Fishmongers Company. R. B. FINLAY. THOS. TINDAL MIOTHOLD. |n 1^0 |*iliui| ictmtH. IN THE MATTER of the FOUNDATION known as THE HOSPITAL of EDWARD late King of England the Sixth of Christ, commonly called CHRIST'S HOSPITAL AND IN THE MATTER of the ENDOWED SCHOOLS ACT, 1869, and AMENDING ACTS aKd IN THE MATTER of a Scheme made by the Commissioners under the said Acts, entituled, " A Scheme for the Administra- tion of the above-mentioned Foundation." CASE FOR THE APPELLANTS THE WARDENS & COMISIONALTY OF THE FISHMONGERS COMPANY. C. 0. HUMPHREYS, Giltspur Chambers, Holborn Viaduct, Solicito)' for the Fishmongers Company. White k Son, Law Stationers and Printers, 3, Took's Court, Furnival Street, Holborn. %n i\n ]f mg inim^il IN THE MATTER of the Foundation known as the Hospital of Edward late King of England the Sixth of Christ, commonly called Christ's Hospital AND IN THE MATTER of the Endowed Schools Act 1869 and amending Acts AND IN THE MATTER of a Scheme made by the Commissioners under the said Acts intituled " a " Scheme for the administration of the above mentioned " Foundation." APPENDIX E. C. 0. HUMPHREYS, Solicitor for the Fishmongers Comi)any. FARRER & CO., Solicitors for the Charity Commissioners. PBINTED BY WHITE AND SON, TOOK'S COURT, PURNIVAL STREET, HOLBORN, LONDON. r INDEX. NO. 1. The Petition of the Fisliinongers Coiiipaiiy 2. Copy Will of Mark Quested ■3. Agreement entered into bet^veen tlie Committees of the Fislimongers Company ;u,d Christ's Hospital, on 7tli February, IGS.M !) i. Order of the Court of the Fishmongers Company, hel,l isth February, 1083, confirming Agreement witli Christ's Hospital ^. 5. Order of the Court of Christ's Hosi)ital relative to Agreement with the Fish moiii'ers Company... •••......... 6. Extract from the (Jharity Commissioners' lleports 9 7. Affidavit of John Wrench Towse i. APPENDIX E. ArrENDix E. No. 1. The Petition of the _j - ine rennoii JN O. A. Fishmonger The Petition of the Fishmoiio-ers' Company. ''°"'"" IN THE PRIVY COUNCIL. IN THE :\rATTER of the Foundation known as the Hospital of Edward hxte King of England the Sixth of Christ commonly called Christs Hospital. and IN THE MATTER of Endowed Schools Act 1800 and amending Acts. and 10 IN THE MATTER of a Scheme made by the Commissioners under the said Acts intituled a Scheme for the administration of the above mentioned Foundation. TO THE QUEENS MOST EXCELLENT MAJESTY IN COUNCIL. THE HUMBLE PETITION of the Wardens and Commonalty of the" Mistery of Fishmongers of the City of London under their Common Seal. Shewetii as follows: — That your Petitioners are Trustees under the Will of Mark Quested (who died in or about the year 1642) whereby the Fishmongers Company were to be entitled to have ten children constantly maintained and educated in Christs Hospital. oA That in the year 1683 an Agreement was made by way of Compromise between Christs Hospital and the Fishmongers' Company whereby the Company as such Trustees and in consideration of a sum of £200 then paid l)y the Company to the Hospital, was for the annual paymentof £25 tohave six children constantly maintained and educated at the Hospital. This Agreement has from that date been duly carried out and the Company has smce from time to time made gifts to the Hospital amounting to the sum of £515. That under the proposed Scheme (§90) it is intended that the presenta- tions to be made by the Company shall be reduced from six to one only. That the right of presentation by the Company has always been exercised 30 with great care and discrimination to the benefit of children of poor members of this large Company and your Petitioners are aggrieved by the proposed Scheme and object to the intended reduction in the number of the Company's presentations and to setting aside an Agreement acted on for over two Centuries and abrogating rights and privileges granted to the Company under benefactions and for valuable consideration paid by the Company to Christs Hospital. Your Petitioners are further aggrieved by and object to the uncontrolled powers of altering the present proposed Scheme, intended to be granted to the Charitv Commissioners bv the 148th Clause thereof. 'your PETITIONERS therefore humbly pray that your IMajesty in ^Q Council will be graciously pleased to refuse your approval to the said Scheme. And your Petitioners &''. I hereby certify that the Common Seal of the Wardens "and Assistants of the ^listery of Fishmongers was hereunto aflSxed in open Court this 9th day of August 1888. (Signed) W. 13. TOW^SE. ^ ° Clerk. Appendix E. No. 2. Copy Will of Mark Quested. 10 20 No. 2. Copy Will of Mark Quested. Extracted from tlie Principal Registry of the Probate, Divorce, and''Aclmiralty Division of the High Court of Justice. In the Prerogative Court of Canterbury. IN THE NAME OF GOD AINIEN. The xxvii"^ day of January Anno Dni^ 1642 And in the eighteenth yeare of the reigne of our Sovaigne Lord Charles by the grace of God of England Scotland France and Ireland Kinge Defender of the Faith &<'. I MARKE QUESTED Citizen and Fishmonger of London sicke in bodie butt of sound and pfect minde and memory preysed bee Almightie God doe make this my last Will and Testament in manner and forme followinge And first I coniend my soule into the hands of God my Maker trustiuge to be saved by the meritts and righteousnes of my Lord and only Saviour Jesus Christ and my bodie to be burj'ed in a decent manner att the discretion of my Executo"'^ And as concerninge the disposing? of my Manno" lands tenements goods chattells and psonall Estate \v*^'' God hath l:)ene pleased to bestowe vppon mee First I will and doe revoake make voide and of none etfect hej-eby all former and other Wills Devises and becjueasts by mee formerly made vttered or published And doe hereby will devise give and bequeath vnto the Wardens & Coialty of the Mistery of Fishmongers of the Cittie of London and to their successors forever All that my Manner of Pencourte in Hollingborne in the Countie of Kent w*'' itts rights members and Appurtennces whatsoever and all ^Messuages Lands and Tenements to the same Manner belonginge now in the occupacou of Thomas Thatcher (for w'''' hee payetli vnto mee one hundred fewer score and twoe pounds yearl}') To have and to hold to the said Wardens and CoTaltye and their Successo" for, ever to and for the vses hereafter menconed & expressed viz* my will and meaning is that the said Wardens & Coialty w**" one hundred fowerscore and twoe pounds one whole yearly Revennewe thereof and Av"' one hundred i^ounds more w'''' I hereby give and bequeath vnto tlie Wardens & CoTalty of the said Mistery for the tyme beinge out of my psonall estate doe -^0 w"'in as short a tyme as they can after my decease piirchase a peece of ground and thereon build twelve Almeshouses together in the pishc of Harrietsham in the Cuuntie of Kent where I was borne And that they admitt and place therein twelve poore Almesfolke to inhabite in the same houses and that they j^ay vnto eveiy one of those twelve Almesfolke sixe pounds p annu out of the rents and Revennewes of the said INIannor for their mayntenuce sixe of w^i" Almesfolke I will shalbee of the poore of the said pishe of Harrietsham to be p'sented vnto the saide W^ardens and Coialty by twoe of the next Justices of Peace the Cliurchwardens Overseers and most substanciall Infiitants of the said pishe. And th other sixe Almesfolke to bee of the poore free of the Company of Fishmongers 4.^ aforesaid And I will that the Wardens and Assistants of the said Mistery or the more pte of them shall admitt place displace and governe the said twelve Almcsfolkes there forever Item I give and bequeath and my will is tliat the said Wardens & Coialty and their Successors forever shall give and pay vnto fewer ^Masters of Arts eight pounds apeece yearly and unto fewer Students fewer pounds apeece yearly duringe soe longe tyme as they shall abide & rcmayne att tlieir studdy in eitlier of the Vniversitycs of Oxford or Cambridce appendix e. bciiigc poorc and liavinge neede thereof for tlieir niayntennce there accordino-e T-7 to the discretions of tlio said Wardens and Assistants or the more pte tliereof Copy wiii'o"f' fi-oin tyme to tyme beinge by tliem therevnto first noiatcd & elected w'' '"''* Q»este of Sir William Russell t tj •*. n Capt Griffith ) of ffishmong's. M-rre^Hawes ) Hospitall ^ The Comitts above named meeting to consider of the Clause in the Will of Mark Quested Escf^ late Citizen & ffishmonger of London w* followed in 20 these words, viz. : Item — my Will & minde is That the Wardens & Coialty of the ]\Iistery of flfishmongs oute of the same Revenues doe pay to the Governos of Christs Hospitall yearely for ever for & towards the maintenance of Tenne poor children such as the more part of the Wardens & Assistants of the said ]\Iistery from time to time shall send thither being freemen's children of the said Company, if any such shall need or others for waut of such foure pounds a peace being ■40'^ per annum, And every year on S* Marks Day a Silver Dolphin for a badge for every one of those tenne children to wear on their sleeves continually that they may 30 he known to be the said Coitipanyes poore children. M'' Tre" Hawes now present being one of the Assistants of the said Company reported the case concerning the said Will And the reasons why the 40* yearly therein menconed hath not hitherto been paid, partly by reason of the great demands of the Testators Widdow and the payments made to her thereout during her life And also of the great charges expended in a suite of Lawe to settle the same And moreover for that the lands for some years could not be let to a certain Teniit And acquainting them that about 8 yeai's now- last past The lands that were given to pay Charities & other Legacyes amounting to 180* per annum wore let but att 90* per ann And that the Company were .r. ready to divide & pay out 100* j^earely in those Charities in proporcon to his will (reserving the odd 10* for & towards the reparadons of 12 Almeshouscs & for other charges incident thereto) whereby there wouhl be payable to Christs Hospitall about 25* yearely towards the maintenance of poore children therein As appeared by a particuler account thereof now here produced shewed And hee did believe that the Com[)any of ffishmongs would Ije willing to give to the Governo' of Christs Hospitall the sum of 200* in money so as the Governo' will Appendix E. No. 3. Agveomeiit between the Committees of the Fishmongers' Company and Christ's Hospital. talce & keepe si.xe cliildren in their Hospitall for the time to come upon the allowance mentioned in his Will. All which being by the several Comttees above named considered of & debated As alsoe the foote of the Accompts for those lands in the Companys hands It was agreed by the Comittee for the said Hospitall That the said Company paying to the said Governo* the sum of 200* They would receive sixe poore children forthwith into the said Hospitall to be psented to them by the said Company upon paying the sum of £4 3s. 4d. apeece a year yearly to them towards their maintenance therein But that the Badge should not be worn by the said children for that none wear Badges there only those of the Kings 10 !Maty's Foundation And that as any died and were disposed of others should be psented & taken into their roome And that if hereafter the rents of the lands did rise or fall The number of the children should be increased or lessened accordingly To all w'' the Comittee for the said Company according to their order desired to report the same to the next Court to be holden for their said Company for their order therein. Appendix E. No. 4. Order of the Court of the Fishmongers' Company, held J 8th February, 16S3, con- firming agreement with Christ's Hospital. No. 4. Order of the Court of the Fishmongers' Company, held 18th February, IGSri, contirmiug' Ai>Tee- 20 ment with Christ's Hospital. Court 18 February 1683. Alsoe att this Courte the Reporte of the severall Committees for Christs Hospitall and of this Company appointed to consider of M' Quested's Will and of the children to be kept therein according to his bequest was openly read ■which followeth in these words. r F. ;M'' Aldrian Paravicini' S"" Anthony Deane f For Christs S-- William Russell C Hospitall jNI^ Trcr Hawes J The Seaventh of Februarv 1083. M' John Jekvll ) M"" Adams " [ Capt° Griffith ) for the Company oi" ffishmona,-''* 30 The Comittees above named meeteing to consider of the clause in the Will of ]\lark Quested Esq'' late Citizen and ffishmong'' of London w^'' followeth in these Avords viz. : — Item, my will and minde is that the Wardens and Coialty of the Mistery of ffishmong''' out of the same Revenues doe pay to the Governo''" of Christs Hospitall yearely for CA^er for and towards the maintenance of Tenne poore children such as the more parte of the Wardens and Assistants of the same Mistery from time to time shall send thither being freemen's children of the said Company. If any such shall 40 neede or others for want of such fower pounds apeece being £40 per ann" And every yeare on S* IMarke's day a Silver Dolphin for a badge for every one of those tenne children to weare on their sleeves continually that they may be knoAvn to be the said Companys poor children. W TrLr Hawse here present being one of the Assistants of the said Company reported the case concerning the said AVill and the reasons Avhy the API'UNDIX E. 10 No. 4. agreement with Christ's Hospital. 40^' yearly tliercin mcnconcd hath not liithcrto been paid partly l.\v reason of the greate demand.s of the testator.s widdow. And the payment;? made to her thereout dureino- her life And alsoe of the great charges expended in a suite of order of the court T- , ,1 R 4 1 ,• 7i i ii 1 1 J? 1 ) of the Fishmongers' Law to settle the same And moreover tor that the lands tor some yeares couJcl company confirming not be lett to a certayne ten"' And acipuiinting them that about 8 years now- last past the lands \hat were given to pay Charityes and other Legacyos amounting to One hundred and eighty pounds per ann" were lett but at £110 per ann And that the Company were ready to divide and pay out 100*^ yfly in those charityes in proporcou to Will (reserving the odd 10^ for and towards the repaira- cons of 12 Almeshouses and for other charges incident thereto; whereby there would be payable to Christ's Hospitall aljout 25"^ yearely towards the maintenance of poore children therein as appeared l)y a perticular account thereof now here produced and shewed. And hee did believe That the Company of ffishmong'- would lie willing to give to the Goveruo''^ of Christs Hospitall the sum of Twoe hundred pounds in money soe as the Governo'^will take andkeepe sixe children in their Hospitall for the time to come upon the allow'^'' meuconed in his AMll. All which being now by the severall Comittees above named considered of and debated as alsoe the foote of the accompts for those lands in the Companys hands. Itt was agreed by the CoiSittee for the said Hospitall That the said 20 Company paying to the said Governo''" the sume of 200^ they would receive sixe poore children forthw"' into the said Hospitall To be ijresented to them by the said Company upon paying the sum of £4. 3s. 4d. apeace yearely to them towards their maintenance thrin But that the badge should not be worne by the said children tfor that none wear badges there only those of the King's foundacon and that as any died or were disposed of others should be psented and taken into their roome. And that if hereafter The Rents of the lands do rise or fall the number of the children should be increased or lessened accordingly. To all Avhich tlie CoiSittee for the said Company according to their Order desired to report e the same to the next Courte to be holden for their said Company for their order therein. All which being now duely considered of It is ordered by this Court That the same be observed in alfthings And that ]\P Wardens Esq"" Sherrington M' Jekyll INP Sayer M'' Withers jNI'^Griflfith & M'' Loades or any three of them doe meete consider of and present sixe children to the said Govern'" for their admittance into the said Hosp" accordingly And that the said sume of £4. 3s. 4d. yearely be paid to the said Governo''^ by half yearely paym''- for keeping every of the*^ said children from Lady day now next And that the said Conlittee do provide and pay the said sume of 200* to the said Governo'' as aforesaid. 30 No. 5. Order of the Court of Christ's Hospital relative to ^° x\oTeeinent with the Fishinono^ers' Company, At a Court in Christ's Hospital 21'' February 1G83. Appendix E, No. 5. Order of the Court of Christ's Hospital, held on 21st February, 168.S, The Court before the confirmatiou thereof caused the Report to be read r^eiativejo^agreement made between a Comt'='= of the Comp of tiishmongers and a ,, , r> J.1 • wiin lue r isii- Comt"' Ot tins mongers' Company. 8 Appendix E. No. 5. Order of the Court of Christ's Hospital, held 2l8t February. 1683, relative to agreement with the Fifboaongers' Company. Hospital aboute the Will of Mr. Mark Quested deceased to be read which is as followeth : — M' Aldraii Paravicini ^ S^ Anthony Deane / . ^,t jj , S^ W'" Russell \ ^^^ -^ ^^^1' M^ Trear^ Hawes j The Com"^ above named meetins; to The Seaventh of ffebruary 1683. M' John Jekill M' Adams Capf Griffith consider ( for the Comp'^ of ffishmongers the Will of in late Citizen and ffishmonger the Clause of London w'** followeth in Mark Quested Esq' these words viz. : — 10 Item — my mind and Will is That the Wardens and Comonalty of the Mistery of ffishmongers out of the same revenues doe pay to the Governors of Christs Hospitall yearly for ever for and towards the maintenance of ten poore children such as the more parte of the Wardens & Assistants of the said Mistery from time to time shall send thither being freemens children of the said Company. If any such shall need or others for want of such foure pounds apeece being forty pounds p anu And every yeare on St Marks day a silver dolphin for a badge of every one of these ten children to weare on their sleeves continually That they may be knowne to be the said Companies poore 20 children. M'' Treasurer Hawes here present being one of the Assistants of the said Company Reported the case concerning the said Will and the reasons why the fforty pounds yearly therein mentioned hath not hiterto been paid partly by reason of the great demands of the Testators Widdowe and the payments made to her thereout during her life And also of the great charges expended in a suite uf law to settle the same And moreover for that the land for some yeares 30 could not be Lett to a certaine Tenant And acquainting them that aboute eight yeares now last past the lands that were given to pay Charities and other Legacyes amounting to £180 p ann were let but at £110 p ann And that the Company were ready to divide and pay out £100 yearly in these charities in proportion to his Will (reserving the odd ten pounds for and towards the reparation of twelve Almshouses and for other charges incident thereto) whereby there would be payable to Christs Hospitall alwute £25 yearly towards the maintenance of poore children therein As appeared by a perticular accompt thereof now here produced and showed And he did believe that the Company of ffishmongers would be willing to give to the Governors of Christs Hospitall the sume of £200 money soe as the Governors will take and keep six children in their Hospitall for the time to come upon the allowance mentioned in his Will. All which being by the several Comf'^' above named considered of and debated As also the foote of the Accompts for those lands in the Companies hands. It was agreed by the Cornt^^ for the said Hospitall That the said Comp'"" paying to the said Governors the sume of Two hundred pounds they Avould receive six poore cliildren forthwith into the said Hospitall To be p^sented to them by the said Comp'"= upon paying the sume of £4 3s. 4d. a piece yearly to them towards their maintenance therein But that the Radges should not be worn by the said children for that none Aveare Radges there onlly tliose of the Kings Maties ffoundation and that as any dyed or were disposed off 40 9 otliers should be presented and taken into tlicir roonie And that if hereafter the Rents of the Lands did rise or fall The number of children should be increased or lessened accordiuo-ly To all which the Com*^ tor the said Company according to their order desired to report the same to the next Court to be hoiden for tli^eir said Company for their order therein. Ffrst this Court after some debate by vote agreed that the Company ot ffishmongers upon the Termes mentioned in the report should at next admission of children present six provided those six or any other that they shall present be every way agreeable to the Rules and Qualifications heretofore appointed by 10 the Court. No. 6. Appendix E. Extract from the Charity Commissioners' Reports. ExtracX^the Charity Coramis- Extracted from Charity Commissioners Reports Vol. xii 1824 and Vol. xxxii sioners- Reports. P' VI. p. 12o. Messrs. Wrottesley & Smith's Keport, Mark Quested's Gift. p-i23. Mark Quested, of London, Fishmonger, by Will, bearing date 27th January 1642 devised to the Company of Fishmongers his manor ot Peucourt m Hollingborne in the County of Kent with its appurtenances and all messuages lands and tenements thereto belonging, then let for £182 per annum on certain •20 trusts therein mentioned and he willed that the said Company out of the said revenues, should pay to the Governors of Christs Hospital £10 per annum tor the maintenance of ' 10 poor children, sons of freemen of the_ said Company it any such should need, or others for want of such, at £1 a piece to be sent by the wardens and assistants of the said Company, each child to wear a silver dolphin for a badge. At a Court lield on 21^* February 1083, a report made between a committee of the said Company and a Committee of this hospital about the above Will was read and it appeared thereby that the estate given by the Will to pay charities and other legacies amounting to £180 per annum was then let at £110 30 only and the Company proposed to abate the several annuities given by the said Will whereby there would be payable to Christs Hospital about £2o yearly towards the maintenance of poor children and to give to the said governors the sum of £200 so as the said governors would take and keep six children^ "^ the hospital for the time to come upon the allowance mentioned in the said Will, and the hospital committee proposed that if the said company would pay the said sum of £200 and likewise £4 3s. 4d. a head yearly for each child the said hospital would receive six children forthwith into the said hospital to be presented by the said company but refused the badge as none wore badges except those on the king's foundation and that the number of children to be 40 received from time to time on the presentation of the said company should be increased or lessened with the rents of the estate. . The court agreed that the said company sh(nild on the terms mentioned in the Report at^the next admission of children present six children. I 10 Appendix E. No. 6. Extract from the Charity Commis- sioners' Eeports. Messrs. Wrottesley & Smith's Keport, p. 125. Here follows the Report of the Fishmongers Company in 1824 (12th Report page 121) which is as follows : — Mark Quested, Citizen and Fishmonger of London b}' his Will dated 27"' of January 3 642 & proved at London 21=* February 1642 devised and bequeathed to the A^^ardens and Commonalty of the Mystery of Fishmongers of London and their successors all that his manor of Pencourte, in Ilollingbourne, in the County of Kent, with their rights members and appfirts whatsoever and all messuages lands and tenements to the same jNIanor belonging then occupied by Thomas Thatcher at a yearly rent of £182 to hold for the uses following viz. : that said Wardens 10' and Commonalty, with £182 one whole yearly revenue thereof, and with £100 more which said testator bequeathed out of his personal estate, should, within as short a time as they could after his decease, purchase a piece of ground, and thereon build 12 Almshouses together in the Parish of Harriet- sham in the County of Kent, where said testator was born, and that they should admit & place therein 12 poor Almsfolk to inhabit in the said houses, and should pay unto every one of those 12 Almsfolkes £6 per annum out of the rents and revenues of the said Manor for their maintenance six of Avhicli almsfolk he willed should be of the poor of the parish of Ilarrietsham, to be presented unto the said wardens and commonalty by two 20 of the next justices of the peace, the churchwardens overseers and most substantial inhabitants of the said parish, and the other six Almsfolkes to be of the poor free of the Company of fishmongers aforesaid, and he also willed, that the wardens and assistants of the said Mystery, or the more \ part of them, should, admit place, displace and go^'ern, the said 12 Almsfolk there for ever. The said Testator also declared his Will to be, that the said Wardens & Commonalty should pay out of the revenues of the said Manor, to four masters of arts £8 a piece yearly, & to four students £4 a piece yearly, so long as they should abide at their Study in either of the Universities of Oxford or Cambridge, being poor, and having need thereof 30- accordino- to the discretion of the said wardens & assistants. He also gave out of the same revenues, to the Governors of Christ's Hospital, yearly, for ever, for the maintenance of ten poor children, such as the more part of the wardens and assistants should from time to time send thither, being freemen's children of the said company, if anj^ such should need, or others for want of such, £4 a piece, being £40 per annum ; and every year, on S'' Marks day a silver dolphin, for a badge for every one of the said 10 children to wear on their sleeves, that they might be known to be the said Company's poor children. And his AVill was. that the said wardens and commonalty, and their successors, for ever, should have all the 40 residue of the revenues of the said manor and premises to make their livery a dinner yearly, for their care and pains in the premises. The estate given by Mark Quested for the support of his charities consists of two farms at Ilollingbourne in Kent viz. : — 11 10 Pencourt Farm, consisting of a farm house and buildings and 176''- o"'- 391- of land, let to John Patten, for 14 years from Michaelmas 18:^1, at the annual rent of Land tax redeemed Allington Farm, consisting of a farmhouse & buildings and 202''- P- oO'" of land, held by John Henry, under a lease to William Harrison Jun. for 14 years from Michaelmas 1S21, at the annual rent of ... Land tax redeemed £180 10 £104 10 4 £190 110 APPENDIX E. No. 6. Extract from the Charity Commis- sioners' Reports. Messrs. Wrottesley & Smith's Report, p. 125. £300 In an old Map of the Estate, dated in 1697, the quantity of land is stated to ho 390 acres. In a subsequent plan, taken in 1801, the amount in both farms is stated at oSi)"- P- 29i'- The quantities in the present Leases 20 fall short of that amount by 10 acres, a parcel of chalk to that extent having been reserved to supply lime for the use of the two tenants. The rent of £182 which these farms produced at the time of Quested's grant seems very high in proportion to the present rents. There appears no reason to suspect that any defalcation of tlie property has taken place, and we may therefore conjecture that that high rent was caused by some adventitious circumstances. We find, from the Company's books, that not very long after the grant, about the year 1675, the lands produced only £110 a year ; so lately as 1780, they were let altogether for £100 on a 21 years lease ; and at Michaelmas 1800 they were again let for 21 years at £210_on the 30 expiration of which last lease the tenancy of the farms was divided, & the present separate Leases were granted. 1. Almshouses at Hakrietsham. — Some obstruction appears to have taken place to tlie establishment of Mr. Quested's Charities, in consequence of the claims of his Widow upon the property, and the expenses attending a suit at law relative thereto, and the subsequent diminution of the income of the estate. We find that the building of the Almshouses at Harrietsham was com- pleted in 1651. There is no account of the cost of the original building, but they were rebuilt by the Company, in the years 1770 and 1772, at an 40 expense of £2,470. They consist of 12 distinct houses, with a good garden to each, situate in the village of Harrietsham, and are inhabited _ by 12 poor persons, either men or women appointed according to the directions of the founder. Six of them are poor members of the Company, chosen by the Court of Assistants, and six of them parishioners of Harrietsham, recommended as vacancies occur, in the manner directed, and appointed by the Court, who always accept the nominee of the Parish unless evidently an unfit object. 12 Appendix E. No. 6. Extract from the Charity Commis- sioners' Reports. Messrs. Wrottesley & Smith's Report, p. 12.5. The six almspeople of the Company now receive pensions equal to those enjoyed by the Company's almspeople in the Hospitals at Newington and Bray viz. : 12/- a week to the married and 7/- a week to the single persons, which pensions include Mr. Copping's gift of £36 a jear, before adverted to under the head of Jesus Hospital at Brciy. They have also an annual allowance of coals, a chaldron and a half to each house. The Parishionary Almspeople have pensions of 6/3 each every lunar month, making £4. Is. 3d. a year each. They have no allowance of coals. All the 12 have clothing eveiy 2°'' year viz. : the men a good cloth coat and the women a camblet gown. 10 The reason of the reduction of the pensions to the Parishionary Alms people below the £6 a year each assigned to them by the founder, nowhere distinctly appears. It is probably rendered necessary by the defalcation of the income in the early periods of the trust, which we have already alluded to, and has continued ever since. The diiference of the allowances to the Company's Alm.speople and the Parishionary Almspeople is to be accounted for on the same grounds, with the similar difference, though not to an equal extent, which takes place in Jesus Hospital at Bray, and which we have before noticed. In consequence of this diiference in the allowances, there was charged in 1823 to the estate account, for pensions to the 20 Parishionary Almspeople, £24. 7s. 6d. and for pensions to the Company's Almspeople (exclusive of Copping's Gift) £86. 4s. Od. and £21 for coals. No objection can be made to the Company's making an additional allowance to their own poor, if such addition be drawn from separate funds, but in the present case where the founder directed that an equal sum, viz., £6 a year, should be paid to each of the 12 alms people from the revenues of his estate there is an evident incorrectness in charging that estate with a larger allowance to the G Almspeople of the Comi:)any than to the 6 Parishionary almspeople. This error, when pointed out to the Clerk of the Company, was immediately perceived ; and we are assured by him that 30 it is the intention of the Companv, when some heavy charges which they have incurred in repairs and improvements in the estate are ascertained, to take a correct account of the Charity property, and, after setting aside what may be necessary for the liquidation of debts, and for current charges, to apportion the remainder equally among the 12 Almspeople. One of the Almsmen is appointed reader, with a salary of 5 guineas a year, whose office it is to read prayers twice a week to the almspeople, and also if any misconduct takes place among them, to report it to the paymaster, who informs the Company of it. The present paymaster is Mr. John Honey, one of the tenants, who pays the pensions monthly, and 40 superintends the distribution of coals. He also receives a salary of 5 guineas a year. 2. PaYxUent to Christ's Hospital. — It appears that in consequence of the embarrassments which took place after Mr. Quested's deatli in the execution of the trusts of his Will, the benefaction given by him to Christ's Hospital remained inoperative till tlie year 1683, when a confei-ence took place respecting it, between a Committee of Governors of the Hosintal 10 20 Messrs. Wrottesley & Smith's Ucport, p. 125. and a Committee of the Company. The result of this Conference upon a appexdise. Statement made of the difficulties which the Company had encountered, "nZg^. and the inadequacy of the trust fund to fulfil the Charities charged thereon, Extract from the was an Agreement that the Company should pay to the Hospital £200 and s^ionel? iie°pOTTs.'' the Governors should receive into the Hospital G poor children pi-esented to them by the Company, being paid for each of them £4 3s. 4d. a year towards their maintenance. The (.'ompany have ever since paid yearly to Christ's Hospital £25 and have always six children maintained there, sons of poor freemen of the Company appointed by the Court of Assistants. 3. Payments to the U.mversities. — The payments directed to be made to 4 Masters of Arts, and 4 Students of divinity in the Universities, have never taken place, the funds not having been sufficient for the purpose. The disbursements on account of the estate, in the year 1823, were as follows : Pensions to the 6 Parishionary Almspeople being 6s. 3d. per lunar month ... ... ... £24 7 6 Pensions to the 6 free Almspeople viz one at 12s per week 31 4 and 5 at 7s per week each Deducting Mr. Jeremiah Copping's gift 01 122 4 36 Coals to the Company's 6 Almspeople and carriage of d" Clothes to all 12 once in 2 years Reader ... ... Paymaster Repairs ... Postages ... Gamekeeper's license £3 13s. Gd.; powder and shot £2 2s. Quit Rent Payment to Christ's Hospital Deduct one half of the charge for clothes, the same being given only once in 2 years ... 86 4 21 26 11 5 5 5 5 9 7 4 10 11 5 15 6 2 1 25 211 7 9 13 5 6 £198 2 3 40 This is less, by nearly £40, than the average expenditure of the last 10 years. Taking it, however, as the present rate of disbursements, it falls a little short of the income previous to the granting of the present leases, at Michaelmas 1821, but leaves a considerable surplus out of the present rents. This will probably afford in time, the means of bringing the pensions nearer to an equality. At present however there arc large charges for repairs to set against this surplus. In 1820 the i-epair of the 14 Ap pendix e. Almliouses cost upwai'ds of £140, and in the two last years there has been No. 6. expended, in letting the farms and repairs of the farmhouses and premises, chartr co°mmis- "vvliicli have been put into excellent condition, more than £1,500. sioners' Reports. It ajipears that, in former times, the Company have come under large advances on similar accounts. In the entry which records the arrange- & sSh'lRepnrtf ^^^^it with Christs Hospital before mentioned, it is stated, that the Estate p. 125. ' was then indebted above £2,000 which had, at sundry times, been paid by the Company upon building barns and repairing the farmhouse or sustained from losses by tenants. We have already noticed the charge of rebuilding the Almshouses in 1770. 10 The yearly sum of £25 per annum is received from the Company and carried to account amongst the Annuities. In respect of this payment G boys children of freemen of the Company of Fishmongers are constantly maintained in the Hospital upon the presentation of the Court of Assistants of that Company, The Company in 1803 subscribed 200 guineas to the Building fund of the Hospital and in 1829 a further sum of £200 in aid of its general funds. Appendix E. No 7 No. 7. (vSVowst" Affidayit of John Wrench Towse. IN THE PRIVY COUNCIL. 20 IN THE MATTER of the Foundation known as the Hospital of Edward late King of England the Sixth of Christ commonly called Christ's Hospital. and IN THE MATTER of the Endowed Schools Act 18G9 and amending Acts and IN THE jNIATTER of a Scheme made by the Commissioners under the said Acts intituled " A Scheme for the administration of the above mentioned Foundation." I JOHN WRENCH TOWSE now and for 20 years last past a principal Clerk in the Office of the Worshipful Company of Fishmongers of 30 the City of London (authorised to make the present Affidavit by and on behalf of the said Company') make Oath and say as follows : — 1. — For the purpose of the Appeal in the above-mentioned matters I have investigated the records of the Fishmongers Company with the view of ascer- taining all facts therein appearing with reference to the Will of INIark Quested formerly a Citizen and Freeman of the said Fishmongers Company which Will is dated the 27th of January 1042 and the negotiations which took place between the Fishmongers Company and Christ's Hospital with reference to the 15 provisions contained in such ^\'ill as to the maintenance of poor children of appendix e. Freemen of the said Company at Christ's Hospital and I have made myself no.7. well acquainted with all the facts relative to sucli matters anpearin<>- in the Affidavit of John records of the said Company. ° ''''^'''"'^ '^°""'- 2.— A copy of the said^Vill of the said Mark Quested under tlie Seal of the Probate Division of the Ili^h Court of Justice has been also produced and shown to me. It appears from this copy that the said Will is correctlv set forth in the Appendix to the case of the Fishmongers Company in the said' Appeal. 3.— It appears from the records of the said Fishmongers Company and I 10 believe it to be the fact that a Committee of the said Fishmonii-ers Company on the 7th of February 1683 met a Committee of Christ's Hospital to consider the clause in the said AVill of the said :Mark Quested as to the maintenance of poor children of Freemen of the Fishmongers Company. The report of such meeting as the same appears on the said records is correctly set forth in the said Appendix to the case of the Fishmongers Company in the said appeal. I have no doubt that the said report states accurately what took place at the said meeting. 4. — It also appears from the said records that at a Court of the said Fishmongers Company held on the 18th of February 1683 the said Report of the ;20 said Committees was considered and a Committee appointed which Avas to meet consider of and present six ciiildren to the Covernors of Christ's Hospital for their admittance to the said Hospital accordingly and it was ordered that the sum of £4. 3s. 4d. yearly be paid to the Governors of Christ's Hospital by half- yearly payments for keeping every of the said children from Ladv Dav then next andthat the said Committee should provide and pay the said sum of £:^00 to the said Governors and it was also ordered by the Court of the Fishmono-ers Company that INIr. Wardens Estf^- Sherrington Uv. Jekyll ]\Ir. Sayer ]Mr. AMthers Mr. Griffith and Mr. Loades or any three of them do^e meete consider of and present sixe children unto the said" Governors for their admittance into the said 30 Hospitall accordingly and that the same £4. os. 4d. therein mentioned yearely be paid to the said Governors by half-yearely payments for keeping every of the said children from Lady Day then next and that the said CommUtee provide and pay the said sum of 200'' to the said Governors as therein mentioned. The Report of such meeting is correctly set forth in the said Appendix. 5.— I am informed and believe that the said report was, at a meeting of Christ's Hospital held on the 21st of February 16S3 after some debate conlirmed and that the report of such meeting is also" correctly set forth in tlie said Appendix. 6. — I find also from the accounts of the said Fishmono-ers Company that the 40 said sum of £200 was 'on or about the 21st of March 1683 paid by the Fishmongers Company to the Governors of Christ's Hospital. 7. — Ever since the year 1683 up to the present the agreement come to by the said Committees on the 7th of February 1683 has been acted upon bv both the Fishmongers Company and Christ's Hospital. The Fishmongers Company have I believe always exercised their said right of presentation with great care and_ discrimination and they certainly have done so since I first became ac- quainted with the affairs of the said Company about 20 years ago. The Fish- 16 Appendix E. No. 7. Affidavit of John Wrench Towse. mongers Company have always elected cliildren of freemen of the said Company wlio were suitable objects of the said charity. Christ's Hospital has I believe always since 1CS3 received maintained and educated six sons of poor freemen of the said Company who have been selected and presented by the Fishmongers Company as vacancies occurred and the Fishmongers Company have duly paid to Christ's Hospital the sum of £4 3s. 4d. a year for each child presentetl by them and maintained and educated by the Hospital so long as he was so maintained and educated. 8.— The said Fishmongers Company in the years 1803 1829 and 1834 relying as I believe upon the said Agreement paid to Christ's Hospital as a 10 further endowment and contribution towards the maintenance of the children Avho should be j^resented by the said Fishmongers Company the sums of £210 £200 and £105. 9. — The Fishmongers Company are advised and believe that the said Company is a body corporate having the right of holding and the power of government or management over the endowments provided by the said Will of the said Mark Quested within the meaning of the " Endowed Schools Act 1869 " and that tlie said Company in manner hereinbefore stated have the power of ap])ointing poor children of Freemen of the said Company with emoluments out of the said endowment and that they are the Governing body of the said 20 endowment within the meaning of the " Endowed Schools Act 1869." 10. — The Fishmongers Company is further advised and believes that the said above-mentioned scheme is not within the scope of or made in conformity with the said "Endowed Schools Act 1860 " that the scheme has not due regard to the educational interest of the poor children of Freemen of the Company to which regard is required by the last-mentioned Act to be had on the abolition or moditication of the privileges or educational advantages to which the children of Freemen of the said Company are entitled. 11. — The Fishmongers Company is further advised and believes that it is not clear from the said scheme whether it is intended that the said six sums of 30 £4 OS. 4d. each which have heretofore been paid by the Fishmongers Company to Christ's Hospital for each of the six poor children presented by the said Fishmongers Company to Christ's Hospital should continue to l)e payable or whether it is intended that only one of such sums should from henceforth be payable to Christ's Hospital in respect of the boys to be hereafter presented for admission by the Fishmongers Company. ]•' Sworn at No. 8 Bartletts Buildings in the Citv of i y -it- rr London this 18 day of May 1889 ' ' ■^' ^^ ^^^''"' ^^^"«'^- Before me RICH^ LETTS A Commissioner to administer Oaths in the Supreme Court of Judicature. 40 %n i}}t[ |*i|tut| (Bot|nqtl IN THE MATTER of the FOUNDATIOK known as THE HOSPITAL of EDWARD late King of England the Sixth of Christ,, commonly called CHRIST'S HOSPITAL. AND IN THE MATTER of the ENDOWED SCHOOLS ACTS 1869 and AMENDING ACTS. AND IN THE MATTER of a Scheme made by the Commissioners under the said Acts, entituled, " A Scheme for the Administration " of the above-mentioned Foundation." APPENDIX E. C. 0. HUMPHREYS, Giltspur Chambers, Holborn Viaduct SOLICITOE FOK ThE FISHMONGERS COxMPANY. White & Son Law Stationers and Printers, 3, Took's Court, Fui'nival Street, Holborn. UNIVERSITY OF CALIFORNIA LIBRARY Los Angeles This book is DUE on the last date stamped below. Form L9-25i«-9,'47(A5618)444 TRE LIBRARY UNiVERSn Y OF CALIFOamA IX>S ANG£U£a ','>!'•■'.'/,' ''.'(> I'l'iti ' ' ;'•;■,>,' iu:vv>s -;;■:;''■■'!■'''•'•"■