trustees to make orders

of allow

ances, &c.

held for that purpose, they or the majority of them shall elect and choose one of the candidates, who shall be a proper person, for that purpose, having regard to the directions in the will of the said testator, and to the preference thereby directed to be given to boys of his name and family; that the said trustees, Power for or a majority of them, shall be at liberty from time to time, at any of their meetings, to make and sign orders for payment for payment by the receiver of such annual allowance for the maintenance and education of the person so to be elected as to the said trustees, or the majority of them, shall seem proper ; and also to make and sign orders for the investment and improvement at interest of any surplus of the rents and profits of the said charity estates which may at any time be in the hands of such receiver, and of which the application to the purposes of the said charity shall not be immediately required. That the said [old trustee] has executed the said indentures of lease and release so settled by the said master.

day of

Your petitioners, therefore, humbly pray your lordship, PRAYER. that the said master's report of the may be confirmed, and that the said charity may be carried on and conducted by the said trustees so appointed by the said master, and all future trustees according to the scheme so approved by the said master; and that the deeds, books, papers, and writings mentioned in the schedule to the affidavit of the said [old trustee] sworn in this matter on the

day of
may be delivered up to the new trustees so
appointed by the said master; and that it may be referred
back to the said master, Mr.
to tax the costs of the

petitioners in this matter and incidental thereto, as between
solicitor and client; and that the same when taxed may be
raised and paid by the said trustees out of the rents and
profits of the said charity estates, or that your lordship will
be pleased to make such further or other order in the pre-
mises as to your lordship shall seem meet,

PETITION for an Account of Dividends received by the Secretary of a Charity, for the Appointment of a Schoolmaster, and for the Settlement of a Scheme.

IN CHANCERY.

Between [the titles of the causes].

To the Right Honourable the Lord High Chancellor of Great
Britain.

The humble petition of [five persons], all of, &c. on behalf
of themselves and the other inhabitants of the said
parish.

SHEWETH,

That, &c. [the testator's will, and various proceedings in the court of chancery respecting the charity.]

That H. J. died in or about, &c., and thereupon

as sole surviving trustee, did, by a certain deed poll, bearing date the 30th day of October, 1823, appoint W. B. of, &c. to be secretary of the said charity in the place of the said H. J., and the said W. B. has ever since been and now is such secretary as aforesaid to the said charity.

That by an order made in the above-mentioned causes, bearing date the 29th day of November, 1823, [an order directing the payment of the dividends to the said W. B. until further order.]

That the schoolmaster to whom the said dividends of the said sum of -7. bank annuities were ordered to be paid, has been dead nearly seven years, and no other schoolmaster has been appointed in his place; and there is not at present any school in the parish of at which the children

of poor people are taught as directed by the said charitable bequest.

That notwithstanding the death of the said schoolmaster, the dividends of the last-mentioned sum of ——1. bank annuities, which is still standing in the name of the accountant general of the court, to the credit of the second-mentioned cause, the schoolmaster's account, have been regularly applied for and received by the said W. B. under the lastly-hereinbefore stated order, and have been retained by him, and are, as your petitioners believe, now in his hands.

That the sum ofl. the produce of part of the said funds which was in the hands of the former secretary — at the time of his death, was also some time since received by the said W. B. as such secretary as aforesaid from the representatives of the said and has ever since, as your petitioners believe, been retained by the said W. B. and is now in his hands, and has never been appropriated to any of the charitable purposes aforesaid.

That, &c. [statement of the non-application of certain sums to charities directed, and the receipt and retainer of other dividends by W. B.]

That your petitioners are advised and submit that the scheme so settled and approved of by the master as aforesaid, and confirmed by the said herein before stated order, bearing date the 24th day of July, 1774, is not a just application of the surplus income of the aforesaid charity funds, nor conformable to the directions of the said testator, inasmuch as so great a portion of the dividends is thereby appropriated for the benefit of the secretary of the said charity. That the said dividends so received and retained or not

applied by the said W. B. as aforesaid, do amount to a considerable sum, and that such receipt and retainer thereof by the said W. B. were wilful and improper; and that the said W. B. has derived great advantage therefrom, and ought to be charged with interest at 51. per cent. per annum on all sums of money from time to time remaining in his hands.

That your petitioners have long been and now are parishioners of the parish of and that there are very many poor labouring men in the said parish, having large families of children, and that the re-establishment of a school to teach the children of such poor men, according to the directions of the said testator, would be of great benefit to the said parish.

That the dividends of the said sum of 1. together with the sums accumulated in the hands of the said W. B. as aforesaid, might and ought to be applied in some useful and beneficial charity for the good of the said parish.

That the said who was appointed a trustee of the charity under the order of this court, departed this life in the year 1830; and that he never did in his lifetime appoint any trustee, and that no person has been since appointed trustee of the said charity; and your petitioners are unable to ascertain in whom the office of such trustee has descended and is now vested under the said will of the said testator.

Your petitioners therefore most humbly pray that it may be PRAYER. referred to the master to whom the cause stands referred, to take an account of the sums of money received by the said W. B. since his appointment as such secretary to the said charity as aforesaid from or in respect of the dividends of the said sum of ―l. three per cent. consolidated bank annuities now standing in the name of the accountant general to the credit of these causes, the schoolmaster's account; and also of the dividends of the said sum of 1. now standing in the name of the said accountant general in trust in the said secondmentioned cause; and also of the sums of money received by the said W. B. for or on account of monies, part of the said charity funds, in the hands of the said H. J. at the time of his decease; and also an account of the payments and disbursements of the said W. B. for and on account of the said charity; and that the said master may be directed in taking such accounts as aforesaid, to ascertain and state what balances have been from time to time in the hands of the said W. B.; and that the said W. B. may be charged with interest on all such balances at the rate of 51. per cent. per annum during the time the same respectively have been retained by him; and that the said W. B. may be removed from being such secretary as aforesaid; and that it may be referred to the master to approve of a proper person as a schoolmaster to

teach the poor children of the said parish according to the directions of the will of the said testator; and that your petitioners may be at liberty to propose persons for such office, and also a scheme for the application of the arrears of the dividends that have accrued in respect of the said sum of

1. three per cent. bank annuities so standing to the credit of the schoolmaster's account as aforesaid, and the future dividends thereof; and that it may also be referred to the said master to approve of a proper scheme for the application of the accrued and future dividends of the said sum of 1. bank annuities so standing to the credit of the second-mentioned cause as aforesaid; and that your petitioners may be at liberty to propose such scheme or schemes accordingly; and that it may also be referred to the said master to approve of a proper person or persons as trustee or trustees of the said charity, or to inquire in whom the office of such trustee is now vested under the said will; and that all proper and necessary directions for the purposes aforesaid may be given; and that the said W. B. may be ordered to pay the costs of this petition, or that your lordship will make such other order in the premises as shall be just. And your petitioners will ever pray, &c.

FORMS OF SCHEMES FOR THE FUTURE REGULATION OF CHARITIES (a).

SCHEME for the future Regulation and Management of the Charity founded by Henry Alnutt, Esq. (b), and the

(a) It is obvious that in framing schemes the attention must be chiefly directed to the intention of the donor and the particular directions contained in the order of the court; it is conceived, however, that the insertion of some forms of schemes may be of some use to those who have the management of charities. A scheme forms part of the master's report, to which objections, and afterwards exceptions, may be taken. The commencement of the exceptions may be as follows, after stating the title of the Exceptions taken by the informant [or other party objecting] to the general report of, &c. one of the masters of the high court of chancery, to whom this cause stands referred by the decree made therein, on whereby

cause:

"

For

it was referred to the said master
to settle and approve of a proper
scheme for the future regulation of
the charity therein mentioned, and
which report bears date, &c.
that the said master in his said re-
port, and the schedule thereto con-
taining the scheme approved by
him for the future management of
the charity founded by the will of, &c.
[as the case may be]; and for the
application of the accumulated
funds and the future rents and
profits of the charity estates and
premises has by the
clause
of the said scheme directed that,
&c. whereas the informant insists,
&c."

(b) The testator by his will, dated 8th January, 1724, [the substance of which is stated for the purpose of showing how far the

Estates and Funds belonging thereto, and for the future
Application of the Income of the said Charity.

Firstly, That from time to time, when either of the three Provision trustees of this charity shall die, or become unwilling or in- for the apcapable to act in the trusts thereof, the surviving or other of new trustrustees shall immediately meet and choose some fit and proper person to be a trustee in the room and place of the trustee so dying, or becoming unwilling or incapable to act; and that immediately on every such choice the trust estates