Congregational Chapel Charities. 5 10 15 SCHEDULE. Scheme for the application or management of the following (1) The Charity consisting of the London Road (2) The Charity consisting of the net proceeds of 1826. 1. In this Scheme the expression "the Church" means the Church for the time being assembling for worship in the Chapel of the Charity numbered (1) above. 2. The above-mentioned Charities and the endowments thereof specified in the Schedule hereto and all other the endowments (if any) of the Charities shall be administered and managed by the body called the Sussex Congregational Union (Incorporated) as the trustees of the Charities subject to and in conformity with 20 the provisions of this Scheme. 25 3. Any freehold or leasehold lands and hereditaments comprised in this Scheme are hereby vested in the said body for all the estate and interest therein belonging to or held in trust for the Charities. The Charity Numbered (1) above. 4. The Trustees shall permit the buildings for the time being belonging to the Charity numbered (1) above to be used occupied and enjoyed as a place for the public worship of God and for preaching the Gospel of the Lord Jesus Christ according to the 30 principles and usages for the time being of Protestants of the Congregational Denomination commonly called Independents being Pædobaptists under the direction of the Church and for the instruction of children and adults and for the promotion of such other charitable purposes whether religious or philanthropic 35 as the Church shall from time to time direct. 5. The Trustees shall permit to officiate in the said buildings as stated minister or pastor of the Church such person or persons only as shall be of the denomination aforesaid being Pædobaptists and shall (except in the case of the present minister or pastor) A.D. 1926. Congregational Chapel Charities. A.D. 1926, be chosen and elected by special resolution of the Church and no person shall be permitted to officiate as minister or pastor in the said buildings who shall be guilty of immoral conduct or shall cease to be of the denomination aforesaid or shall be removed from his office by a special resolution of the Church. 5 6. The Trustees shall permit such occasional ministers or other persons to officiate in the said buildings as the stated minister or pastor of the Church for the time being (if any) or if there be no such minister or pastor as the deacon or deacons of the Church for the time being or any committee from time to 10 time appointed by the Church for the purpose shall appoint unless any such appointment shall be negatived by a resolution of the Church. 7. The Trustees shall permit the deacon or deacons of the Church or other person or persons appointed for the purpose by 15 the Church to receive all moneys contributed or subscribed and also the net rents arising from any lease of property of the Charity numbered (1) above and any other money which may come to the hands of the Trustees in connexion with the premises in the nature of income and after payment thereout of the expenses 20 of repairing and insuring the premises and the interest of any mortgage or debt secured on the premises or incurred in the erection completion repair alteration enlargement or improvement of the said buildings and premises to pay such sum for the support of the minister or pastor of the Church as the Church shall have 25 determined and to apply the remainder in payment of the incidental and other expenses attending the maintenance of divine worship on the said premises and for the other purposes of the said Charity as the Church shall direct Provided nevertheless that moneys contributed or subscribed for any specified purpose 30 shall not be subject to this clause but shall be applied for such specified purpose. 8. The Trustees shall from time to time under the direction of the Church permit the buildings for the time being belonging to the Charity numbered (1) above to be repaired altered enlarged 35 or taken down and rebuilt so as to render the same better adapted for the purposes aforesaid and shall under the like direction from time to time permit the erection of additional buildings. 9. Except as regards any property of the Charity numbered (1) above which for the time being is registered as a place of 40 meeting for religious worship with the Registrar-General of Births Deaths and Marriages in England and is bonâ fide used as a place of meeting for religious worship and except as regards such other property (if any) of the said Charity as for the time being by virtue of any provision of the Charitable Trusts (Places 45 of Religious Worship) Amendment Act 1894 is exempt from the operation of the Charitable Trusts Acts 1853 to 1925 the Trustees Congregational Chapel Charities. shall not make or grant otherwise than with the approval of the A.D. 1926. Charity Commissioners any sale exchange mortgage or charge of the estates of the said Charity or any lease thereof in reversion after more than 3 years of any existing term or for any term of 5 life or in consideration wholly or in part of any fine or for any term of years exceeding 21 years The restrictions contained in this clause are hereinafter called "the said restrictions." 10. Subject to the said restrictions it shall be lawful for the Trustees without the necessity of obtaining the consent 10 of the Church to raise by mortgage of the property of the Charity numbered (1) above or by a deposit of the title deeds thereof such sum or sums of money as in the exercise of their discretion they think proper for the purpose of paying off any debt or debts incurred or to be incurred in the erection alteration or 15 completion of the buildings for the time being belonging to the said Charity and not provided for by voluntary subscriptions. 11. Subject to the said restrictions the Trustees shall whenever required by a special resolution of the Church with the consent in writing of the Trustees (or a majority of the Trustees 20 in the event of there being individual Trustees) or their committee or a majority of such committee sell mortgage enfranchise or demise for any term of years the trust premises or any part thereof or exchange the same or any part thereof for any other freehold copyhold customary or leasehold premises in accordance 25 with the directions of the Church The Trustees shall stand possessed of the moneys arising from any such mortgage sale or exchange and any other moneys which may come to their hands in connexion with the trust premises in the nature of capital after paying all costs and expenses incurred in relation 30 thereto upon trust to lay out and apply the same in or towards the enlargement rebuilding improvement or repair of the said buildings and premises or in or towards the purchase of other premises of any tenure or towards any of the other purposes or objects of the Charity numbered (1) above in such manner as 35 the Church shall by special resolution direct but so that any premises so purchased or so taken in exchange whether freehold copyhold customary or leasehold shall be situate within 20 miles of the premises now belonging to the said Charity and shall be held by the Trustees upon the same trusts and subject 40 to the same powers and provisions as are herein declared concerning such last-mentioned premises If any difference shall arise as to whether moneys coming into the hands of the Trustees are capital or income the decision of the Trustees shall be conclusive. 45 12. Notwithstanding anything hereinbefore contained if the Church is dissolved or dispersed or (unless the Church shall have removed within the meaning of clause 16 hereof) if the regular Congregational Chapel Charities. A.D. 1926. public worship of God in the said buildings is discontinued for six calendar months together or if the number of the members of the Church entitled to vote at a special meeting as hereinafter provided for shall be reduced to 10 or under the Trustees may in their discretion but subject to the said restrictions either 5 let or mortgage or sell the trust premises or any part thereof and pay and apply the net proceeds of such letting mortgage or sale remaining after payment of all expenses in such manner as the Trustees shall in their discretion think proper for religious purposes not being inconsistent with the principles and usages 10 for the time being of Protestants of the Congregational Denomination commonly called Independents being Pædobaptists. 13. Upon any mortgage lease sale enfranchisement or exchange purporting to be made in pursuance of any trust or power herein contained no mortgagee lessee purchaser or 15 other person dealing bonâ fide with the Trustees shall be bound or concerned to inquire whether the occasion for executing or exercising such trust or power has arisen or as to whether any special or other meeting of the Church has been held or as to the competency or regularity of any such meeting or of any 20 requisition or resolution passed or purporting to have been passed thereat or as to whether the Church has been dissolved or any of the said other events have taken place or (except as regards the said restrictions) otherwise as to the propriety or regularity of any such mortgage lease sale enfranchisement 25 or exchange and notwithstanding any impropriety or irregularity in such mortgage lease sale enfranchisement or exchange the same shall as regards a purchaser mortgagee lessee or other person as aforesaid (except as regards the said restrictions) be deemed to be within the aforesaid trusts or powers and be 30 valid accordingly. 14. The following provisions shall apply to every special meeting of the Church : (a) The meeting shall be convened by the Minister or Pastor (b) The meeting shall be fixed for and held not earlier (c) The only person who shall be entitled to attend and vote at such meeting shall be those who whether male or 5 10 15 20 25 Congregational Chapel Charities. female have attained the age of 21 years and have A.D. 1926. 66 (d) No votes shall be given by proxy but votes may be (f) Except where a special resolution is hereby expressly 15. Except where it is hereby expressly provided that a special resolution of the Church or a resolution of a special meeting thereof is requisite the affairs of the Church and the 30 provisions of this Scheme may in all respects be managed and carried out under the direction of the members of the Church at ordinary meetings of the Church to which meetings the provisions of the last preceding clause hereof shall not apply but the same shall be held and regulated according to the ordinary 35 practices and usages of Congregational churches which practices and usages shall also apply to special meetings of the Church subject to the provisions of such last preceding clause hereof. 16. In the event of the removal of the Church to another locality the powers hereby vested in the Church in regard to 40 the trust premises shall not thereby be suspended or in any manner impaired or affected. The Charity Numbered (2) above. 17. The clear yearly income of the Charity numbered (2) above shall be applied by the Trustees in payment of the incidental 45 and other expenses attending the maintenance of divine worship in the Chapel of the Charity numbered (1) above and for the other purposes of that Charity as the Church shall direct. |