(Honiton) Charities. A.D. 1926. into office until after signing in the minute book of the Trustees concerned a declaration of acceptance and of willingness to act in the trusts of this Scheme. or 15. Determination of Trusteeship.-Any co-öptative nominated Trustee who ceases to be qualified as aforesaid any 5 representative co-öptative or nominated Trustee who is absent during a period of one year from all meetings of the body of Trustees to which be belongs and any Trustee who is adjudged bankrupt or makes a composition or arrangement with his creditors or who is incapacitated from acting or who communicates 10 in writing to the Trustees concerned a wish to resign shall thereupon cease to be a Trustee. 16. Vacancies. Upon the occurrence of a vacancy the Trustees concerned shall at their next meeting cause a note thereof to be entered in their minute book and in the case of a 15 vacancy in the office of nominated or representative Trustee shall cause notice thereof to be given as soon as possible to the body entitled to appoint Any competent Trustee may be re-appointed No vacancy in the office of co-öptative or nominated Trustee shall be filled till after the lapse of one calendar month from its 20 occurrence. 17. Ordinary Meetings.-Each body of Trustees shall hold at least two ordinary meetings in each year. 18. Chairman.-Each body of Trustees shall at their first ordinary meeting in each year elect one of their number to be 25 chairman of their meetings until the commencement of the first ordinary meeting in the following year The chairman shall always be eligible for re-election If at any meeting the chairman is not present within ten minutes after the time appointed for holding the same or there is no chairman the 30 Trustees present shall choose one of their number to be chairman of the meeting. 19. Special Meetings.-A special meeting of either body of Trustees may at any time be summoned by the chairman or any two Trustees of the body upon four days' notice being given to all 35 the other Trustees of the body of the matters to be discussed. 20. Quorum.-There shall be a quorum at a meeting of either body of Trustees when four Trustees are present. 21. Voting. Every matter shall be determined by the majority of votes of the Trustees present and voting on the 40 question In case of equality of votes the chairman of the meeting shall have a casting vote whether he has or has not previously voted on the same question but no Trustee shall in any other circumstances give more than one vote. (Honiton) Charities. 22. Minutes and Accounts.-A minute book and books of A.D. 1926. account shall be provided and kept by each body of Trustees All proper accounts shall in each year be made out and certified in such manner as the Charity Commissioners require and copies 5 thereof shall be transmitted to the said Commissioners and published in conformity with the provisions of the Charitable Trusts Acts. 23. General Power to make Regulations.-Within the limits prescribed by this Scheme the respective bodies of Trustees shall 10 have full power from time to time to make regulations for the management of the business under their control including the summoning of meetings the deposit of money at a proper bank the custody of documents and the appointment as clerk during their pleasure of one of themselves (without salary) or of some 15 other fit person. COMPROMISE OF CLAIM. 24. Compromise of Claim.-In consideration of the land. belonging to the Charity of Thomas Marwood which is numbered 10 in the said Schedule having been appropriated with the buildings 20 thereon for purposes in connexion with the school belonging to Allhallows Charity the Trustees of the last-mentioned charity shall pay out of the net yearly income of the same charity to the Trustees for the time being of the Charity of Thomas Marwood a yearly sum of 51. The payment of such yearly sum shall take 25 effect and operate as a complete and effectual compromise and adjustment of claim on behalf of the last-mentioned charity in respect of the said land and buildings. EDUCATIONAL FOUNDATION. 25. Determination of Educational Endowment.-It is hereby 30 determined that the part of the endowment of the charities which is held for or ought to be applied to educational purposes consists of 35 40 45 (1) The said land numbered 10 in the said Schedule with the (2) The lands and buildings belonging to Allhallows Charity A.D. 1926. (Honiton) Charities. 26. Separate Foundation.-The said educational endowments shall be administered as a separate Foundation under the title of Allhallows Educational Foundation. MANAGEMENT OF REAL PROPERTY OF RESPECTIVE CHARITIES. 27. Allotments Extension Act 1882.-The Trustees of All- 5 hallows Charity may set apart and let in allotments in the manner prescribed by and subject to the provisions of the Allotments Extension Act 1882 any portion of the land belonging to that charity other than buildings and the appurtenances of buildings. 28. Management and Letting of Property.-Subject as afore- 10 said all the property of the respective charities not required to be retained or occupied for the purposes thereof shall be let and otherwise managed by the Trustees concerned In every case public notice of the intention to let any land or other property shall be given by the Trustees concerned in such manner as they 15 consider most effectual for ensuring full publicity The Trustees concerned shall not create any tenancy in reversion after more than 3 years of any existing term or for more than 21 years certain or for less than the improved annual value at rackrent without the sanction of the Charity Commissioners or a competent court. 20 29. Leases. The Trustees concerned shall provide that on the grant by them of any lease the lessee shall execute a counterpart thereof and every lease shall contain covenants on the part of the lessee for the payment of rent and all other usual and proper covenants applicable to the property comprised 25 therein and a proviso for re-entry on non-payment of the rent or non-performance of the covenants. 30. Repair and Insurance.-The Trustees concerned shall keep in repair and insure against fire all the buildings of the respective charities not required to be kept in repair and insured 30 by the lessees or tenants thereof. APPLICATION OF INCOME. As to the Allhallows Charity. 31. Expenses of Management. The cost of repairs and insurance and all other charges and outgoings payable in respect 35 of the property of Allhallows Charity and all the proper costs charges and expenses of and incidental to the administration and management of that charity shall be first defrayed by the Trustees thereof out of the income thereof. 32. Application of Income.-Subject to the payments afore- 40 said the yearly income of the said charity shall be applied by the said Trustees in the manner and to the objects hereinafter prescribed. 5 (Honiton) Charities. 33. Fixed Payments.-The said Trustees shall make the A.D. 1926. following yearly payments : (1) To the Trustees for the time being of the Charity of Thomas (2) To the governing body for the time being of the said 34. Extraordinary Repair Fund of Church.-Subject to any 35. Repair &c. of Church.-Subject to the payments aforesaid a sufficient part of the income of Allhallows Charity shall be 20 applied by the Trustees of that charity in payment to the parochial church council of Honiton of any charges properly incurred by them in the maintenance and ordinary repair and insurance against fire of the fabric of the said church and tower. 36. As to Residue of Income. The residue of the income 25 of Allhallows Charity shall be applied by the Trustees of that charity for other such good and charitable uses and purposes (not being educational) within the town and parish of Honiton as the said Trustees shall in their best discretion think fit and convenient. 30 As to the Charity of Thomas Marwood. 37. Expenses of Management.-The cost of repairs and insur- 38. Benefit of Poor.-Subject to the payments aforesaid the (Honiton) Charities. A.D. 1926. GENERAL PROVISIONS. 39. As to Investments and Cash.-All investments comprised in this Scheme and not already held by the said Official Trustees of Charitable Funds shall be transferred under the authority of a further Order of the Charity Commissioners to the said Official 5 Trustees and all sums of cash now or at any time belonging to either of the charities and not needed for immediate working purposes shall (unless otherwise ordered) as soon as possible be invested under the like authority in the name of the said Official Trustees. 40. Appropriation of Benefits.-The appropriation of the benefits of the charities shall be made by the Trustees concerned from time to time at meetings of their body and not separately by any individual Trustee or Trustees. 10 41. Trustees not to be personally interested.-No Trustee shall 15 take or hold any interest in any property belonging to the charities otherwise than as a Trustee for the purposes thereof and no Trustee shall receive any remuneration or be interested in the supply of work or goods at the cost of the charities. 42. Alteration of Scheme.-The Charity Commissioners may 20from time to time in the exercise of their ordinary jurisdiction establish schemes for the alteration of any of the provisions of this Scheme as if those provisions had been made by a founder in the case of a charity having a founder. 43. Questions under Scheme.-Any question as to the con- 25 struction of this Scheme or as to the regularity or the validity of any acts done or about to be done under this Scheme shall be determined conclusively by the Charity Commissioners upon such application made to them for the purpose as they think sufficient. 44. Date of Scheme. The date of this Scheme shall be the date of the Act of Parliament confirming the same. 30 |