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BILL

INTITULED

An Act for confirming a Scheme of the Charity Commissioners for Saint Mary Magdalen Hospital near Bath.

W

1856.

HEREAS the Charity Commissioners for England and Preamble. Wales, in their Report to Her Majesty of their Proceed- 3d Report, ings during the Year One thousand eight hundred and 28th Feb. fifty-five, have reported that they have provisionally approved and 5 certified (among other Schemes for the Application and Management of Charities) a Scheme for the Hospital of Saint Mary Magdalen at Holloway near the City of Bath, and such Scheme is set out in the Appendix to the said Report, and is also set out in the Schedule to this Act: And whereas it is expedient that the said Scheme should 10 be confirmed: Be it enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows:

I. The said Scheme shall be confirmed and take effect.

Scheme confirmed.

SCHEDULE.

Dissolution of the existing corporation.

The charity to

trustees.

SCHEME

For the REGULATION of the HOSPITAL of SAINT MARY MAGDALEN in HOLLOWAY, near the City of Bath, and the Possessions thereof.

1. The Corporation of the Hospital, by the name of the Master, Co-brethren, and Sisters of the Hospital of Saint Mary Magdalen in Holloway, near the City of Bath, or by any other name, so far as the same Corporation has now, or is capable of legal subsistence, shall be dissolved, and the Charity, under the name of the Magdalen Charity, with all the real and personal estates thereof, shall be henceforth managed and administered by the trustees hereby appointed, and for the purposes only hereby declared.

2. The trustees for the time being of the Municipal Charities of the City of be managed by Bath shall be the trustees of the Charity, under the name, for this purpose, of Trustees of the Magdalen Charity, and they shall have power, with the approbation of the Charity Commissioners for England and Wales, to associate with themselves in the management of the Charity, or any department thereof, any person from among benefactors of the Charity, or from among the trustees or managers of any other Charity to be united therewith, who respectively may number of the stipulate for such participation in the management thereof, upon making any such benefaction, or upon any such union of Charities.

Power to

enlarge the

trustees.

The possessions of the charity

to be vested in the trustees for

the time being.

Leases and other instru

ments may be executed by five trustees.

3. All the real estate belonging to or held in trust for the said hospital (subject to the subsisting leases thereof), and the benefit of all covenants, conditions, and securities made or reserved to the former corporation of the said hospital, or to any preceding trustees of the Charity as hereby constituted, and all the personal estate thereof (subject to the following provisions as to the legal tenure of stock in the public funds), and the right to sue for and recover all choses in action recoverable for the benefit of the same Charity, shall from time to time vest in the trustees of the Magdalen Charity for the time being, by force and for the purposes and according to the provisions of this scheme, without conveyance, assignment, or other assurance; and a right to sue upon and enforce all covenants, conditions, and securities made or reserved to the said former corporation, or to any preceding trustees of the Charity, shall be exercisable by and in the names of the trustees for the time being thereof, as fully and effectually as the same right might be exercised by such corporation if not dissolved, or by such preceding trustees, if still retaining their office; and all contracts and liabilities of the said corporation before the dissolution thereof, or of any preceding trustees of the said Charity, may be enforced against the trustees thereof for the time being to the extent of the property or assets thereof.

4. Leases and other instruments for the letting or disposal of the Charity Estate may be made by any five trustees thereof for the time being on behalf and as the act of the whole of them, according to any resolution of the trustees made at a meeting of their body, duly convened, and shall have the same effect as if executed by all the trustees; and the recital of any such resolution, contained in any deed or instrument by which any such lease or other disposition shall be effected, shall be primâ facie evidence of the same resolution.

5. The

mittee.

5. The trustees may appoint four or more of their number to be a stock Stock comcommittee, and any stock in the public funds from time to time belonging to or held in trust for the Charity may be transferred either into the names of such stock committee, or, under the order of the Charity Commissioners for England and Wales, to the Official Trustees of Charitable Funds; and as often as the number of the stock committee, continuing to be trustees of the Charity, shall be reduced to two or a less number, then the trustees shall appoint a sufficient number of the other members of their body to be members of the stock committee, jointly with the continuing members of such committee, to make up the number of the committee to four or more, and the stock held by the former members of the stock committee shall be transferred to the stock committee so newly constituted.

6. The sum of 701. sterling paid to the Rev. John Allen, the late master of the hospital, by the Great Western Railway Company, as a consideration for land of the Charity taken by the said Company, and which sum is now in the hands of the personal representative of the said John Allen, shall be paid to the trustees hereby constituted of the said Charity; and the same, or so much. thereof as shall not be otherwise applicable under the provisions of this scheme, shall be invested by them in the public funds in the names of the stock committee, or with the authority of the said Commissioners in the name of the Official Trustees of Charitable Funds, and the dividends of such stock shall be applicable as part of the general income of the Charity. All sums of stock transferred to the Accountant General of the Court of Chancery, upon any trust for the benefit of the said hospital, shall be held upon like trusts for the benefit of the Charity as constituted by this scheme, and shall be transferred, upon the application of the trustess of the Charity for the time being, to the stock committee, or to the Official Trustees of Charitable Funds, for the benefit of the said Charity.

Trusts declared

of certain funds

for the charity.

master to be

7. All the rents, dividends, interest, and income arising from any real or Income of charity accrued personal estate of the said hospital, and which have become due or payable since the death since the decease of the last master thereof, including all monies payable of the late otherwise than as rent in respect of the occupation of any part of the Charity collected. Estate, and which income or monies would be respectively due to the corporation of the said hospital, if subsisting when this scheme shall come into operation, or to the master thereof; and all pew rents, or sums due in respect of any pews or sittings in the chapel of the said hospital, occupied or used since the decease of the said late master, shall be due to and collected by the trustees hereby appointed, and shall be applicable by them according to the provisions of this scheme.

houses to be

8. The chapel and buildings belonging thereto, and all houses and buildings Chapel and on the Charity Estates, not in the tenure or occupation of any tenants or kept in repair. persons bound to repair the same, shall be maintained in proper repair, and be also insured against fire by the trustees out of the income arising from the same premises respectively, or otherwise, so far as such income shall extend; but, as to the chapel, subject to the primary applicability of the pew rents to the repair thereof.

maintained.

9. The chapel belonging to the said hospital, with its burial ground and The chapel and precincts, shall be appropriated and used exclusively for the purposes of services to be religious worship and rites, according to the ordinances and doctrines of the

Chaplain to be appointed.

Chaplain to be subject to jurisdiction of the bishop. Chaplain to perform divine service on Sundays.

As to the use of the burial

ground.

Clerk, organist, &c. of chapel

Church of England, and the religious services shall be continued therein by the chaplain to be appointed as herein-after provided, unless or until after the establishment of the objects of the Charity in any locality distant from the site of the present hospital, or upon the services of the said chapel being found to be not beneficial; or from any sufficient cause the trustees, with the written approval of the Lord Chancellor, to whom in right of the Crown the appointment of the master of the said hospital has hitherto belonged, shall direct the same services to be suspended or discontinued.

10. There shall be a chaplain of the Charity, to be called "The Chaplain of the Magdalen Charity," and the Lord Chancellor, in right of the Crown, shall be entitled from time to time to appoint such chaplain, unless the services of the chapel shall have been discontinued as aforesaid; and the appointment of any such chaplain may be for such time, subject to such regulations and conditions as to the Lord Chancellor shall seem fit: and until such appointment shall be made or the services of the said chapel shall be discontinued as aforesaid, the trustees shall provide for the continuance of the same service at the expense of the Charity.

11. The chaplain shall be subject to the jurisdiction of the bishop of the diocese, who shall have power to suspend or deprive him for neglect of duty or other sufficient cause.

12. The chaplain shall perform Divine service in the chapel at least once on every Sunday throughout the year, and all such religious services at or near to the same chapel, for the benefit of the objects and officers and servants of or employed for the purposes of the Charity, as the trustees shall reasonably require.

13. The burial ground belonging to the chapel shall be used for the interment of objects of the Charity, and the servants and others employed for the purposes thereof and of other persons, under such restrictions and regulations and subject to such orders as shall from time to time be made by the trustees.

14. The appointment and removal of the clerk, organist, pew openers, and to be appointed other persons employed for the purposes of the chapel, or in the care thereof, shall belong to the trustees by whom the respective salaries of the same several officers and persons shall be fixed and paid.

and removed

by chaplain,

subject to

approval of trustees.

be taken.

15. The trustees may require such moderate rents as they shall think fit to Pew rents may be paid to them for all or any of the pews or sittings in the chapel which shall not be occupied or used by the objects or officers or servants of the Charity.

Application of pew rents.

16. The rents payable for pews or sittings in the said chapel, herein-after called by the general name of pew rents, shall be payable to the trustees, and shall be applicable in the first instance to the repair, insurance, and maintenance of the chapel and its precincts, and to the payment of the salaries of the clerk and organist, and the pew openers and other servants employed for the purposes, or in the care of the chapel, and to the providing of the necessary furniture and fittings of the chapel, and to the payment of the general expenses incident to the services thereof; and the residue of such pew rents which shall remain after answering those purposes shall be paid by the trustees to the chaplain for his own use, and as far as conveniently may be, by half yearly payments on the 25th day of March and the 29th day of September in every year.

17. In

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