S C H E D U L E.
SCHEME.
As to General Management .
As to General Management .
1 Corporation dissolved, and charity estate vested in governors.
1. The existing incorporation of the above-mentioned school, by the name of ‘The Preceptor or Master of the Free School of John Harrox in Moulton,’ or by any other name, is hereby dissolved, and the charity, and the estates and property thereof, shall from and after the establishment of this scheme be under the management and control of governors, to be called ‘The Governors of the Moulton Endowed Schools.’ The full number of Governors shall be twelve, of whom the Vicar of Moulton, the Vicar of Whaplode, the Rector of Fleet, and the Vicar of Weston respectively for the time being shall by virtue of their respective offices always be four; and in the first instance the following persons shall be the other eight governors; that is to say, John Tatam of Moulton aforesaid, Esquire; Robert King of the same place, Gentleman; Robert Everard of Fulney House, Spalding, in the same county, Esquire; (being the three present non-official trustees of the charity;) and the Right Honourable Sir John Trollope of Casewick House near Stamford in the same county, Baronet; John Richard Carter of Spalding in the same county, Esquire; Joseph Chamberlain Barker of Holbeach, Esquire; Thomas Cammack of Spalding aforesaid, Esquire, M.D.; and Matthew Clark of Goddard's Hall, Moulton, Esquire.
2 Succession of governors.
2. The death, resignation, bankruptcy, insolvency, or removal from residence in the county of Lincoln of any non-official governor, or his refusal or incapacity to act, or neglect for a period of two consecutive years to attend any meeting of the governors, shall respectively create a vacancy in the office of such governor; and as soon as conveniently may be after the occurrence of airy such vacancy, the remaining governors for the time being shall appoint some fit and proper person resident within the said county of Lincoln to fill such vacancy, so as to keep up the full number of eight non-official governors.
3 Appointment of future governors.
3. Every appointment of a governor shall be made at some general or special meeting of the governors for the time being, and shall be forthwith notified by the chairman of the meeting or the clerk to the Charity Commissioners for England and Wales; and no such appointment shall be valid until approved by an order under the official seal of the said commissioners; and a minute or memorandum of every such appointment, when so approved, and of the order of the said commissioners approving thereof, shall be entered in the minute book kept for recording the proceedings of the governors, at the first meeting after the receipt of such order, and shall be signed by the chairman at such meeting; and such minute or memorandum shall be sufficient evidence of the appointment to which it relates.
The governors for the time being during any vacancy or vacancies in the governing body shall be competent to exercise all the authorities hereby vested in the governor.
4 Charity estate vested in governors for the time being.
4. All the real estate, of whatever tenure, now vested in the said corporation, or belonging to or held in trust for the charity, and all rights and privileges belonging to or held in trust for the charity, (subject to any subsisting leases thereof and charges thereon,) and the full benefit of all subsisting covenants, conditions, and securities made or entered into with or reserved to the said corporation, or any person or persons in trust for or for the benefit of the charity, and all the personal estate belonging to the charity, and the right to sue for and recover all choses in action recoverable for the benefit thereof, shall be immediately and shall from time to time vest and continue vested in ‘The Governors of Moulton Endowed School’ for the time being, for the purposes and according to the provisions of this scheme, without any conveyance, assignment, surrender, or assurance; and the right to sue upon or enforce all or any covenants, conditions, or securities made, reserved, or contracted to or with the said corporation before its dissolution, or to or with any preceding governors of the said charity, shall be exerciseable in the name of ‘The Governors of Moulton Endowed School,’ as fully and effectually as the same right might be exercised by such corporation if not dissolved, or by such preceding governors if still retaining their office; and in the same manner all contracts and liabilities of the said corporation before its dissolution, or of any preceding governors for the time being of the said charity, may be enforced against the governors thereof for the time being to the extent of the property or assets of the charity, but not against their private estates.
5 Copyholds.
5. The copyhold lands and hereditaments belonging to or held in trust for the charity may be enfranchised by the governors, with the consent of the person or respective persons who shall for the time being be in the actual possession or enjoyment of the manor or respective manors of which the same lands and hereditaments respectively shall be held, upon such terms and conditions as shall be approved by the Charity Commissioners for England and Wales; and in the meantime, and until such enfranchisement shall be effected, the lords or owners for the time being of the respective manors of which the same lands and hereditaments respectively shall be held shall be entitled to the same fines, rents, services, and other benefits (if any) in respect of such lands and hereditaments, as they respectively would or might have been legally entitled to if this scheme had not been established.
6 Houses and buildings to be kept repaired and insured by governors.
6. The schoolhouses and masters' residences, with the buildings attached thereto respectively, and the other houses and buildings belonging to the charity, (which shall not be kept repaired and insured by the tenants thereof under any covenant or agreement in that behalf,) shall be kept repaired and insured by the governors out of the income of the charity.
7 Governors to let and manage the property.
7. The governors shall have the control and management of the charity property, and shall let the same (with the exception of the schoolhouses and premises) at the best annual rents, provided that no lease of the charity property or any part thereof be granted in reversion or for a longer term than fourteen years, without the sanction of the Charity Commissioners for England and Wales, and that every such lease shall contain covenants by the lessees for the payment of rent, the repair and insurance of the houses and buildings comprised in such lease, a proviso for re-entry on nonpayment of rent or non-performance of the covenants, and all other usual and proper covenants applicable to the property comprised in the lease. No governor shall, either directly or indirectly, become a tenant or occupier of the charity estate or any part thereof, for his own benefit or for the benefit of any other person.
8 Leases to be executed and actions brought by any five governors.
8. Leases and other deeds and instruments for the letting or disposition of the charity estate or any part thereof may be executed and made by any five of the governors for the time being on behalf and as the act of the whole of them, according to any order of the governors made at any meeting, and shall have the same effect as if executed by all the said governors; and the recital of any such order contained in any deed or instrument by which any such lease or other disposition shall be effected shall be prim facie evidence thereof.
9 Stock committee.
9. The governors shall appoint some four of their number to be the persons into whose names any sums of stock to be purchased from time to time in trust for the charity shall be transferred, and who shall be called the ‘Stock Committee;’ and as often as the number of the Stock Committee shall be reduced by vacancies to two, two other governors shall be appointed in like manner, into whose names the stock shall be transferred jointly with those of the two continuing members of such Stock Committee.
10 Clerk and receiver.
10...
