Memorial CXXIV: Act for transfer of the School to the Charterhouse

CXXVI. THE ACT FOR THE TRANSFER OF THE MERCHANT TAYLORS' SCHOOL TO THE CHARTERHOUSE, 1867.

Extracts from an Act for enabling the Governors of the lands, possessions, revenues, and goods of the Hospital of King James, founded in Charterhouse, within the County of Middlesex, at the humble petition and only costs and charges of Thomas Sutton, Esquire, to sell the site of the School of the said Hospital and other lands; to acquire a new site for the School, and to erect a new School thereon; aud for other purposes. (R.A. 20th August 1867.)

Charter, 9th James I.

Reciting a Charter of the 9th year of the reign of King James the First, granted to Thomas Sutton, with other facts and instruments relating to the status of the Governors of the Charterhouse.

"And whereas it is expedient that the said School should be removed to a more suitable site, to be approved by the Court of Chancery or the Charity Commissioners for England and Wales, and the Governors have entered into an agreement (conditional upon the requisite sanction of Parliament to such removal being obtained) for the purchase of certain lands for that purpose.

"And whereas it is expedient that upon such removal being effected the School of the Master and Wardens of the Merchant Taylors of the Fraternity of Saint John Baptist, in the City of London, should be removed to the Charterhouse, and that for that purpose such powers of sale and purchase should be given as hereinafter appearing.

"And whereas it is expedient that the Governors and the Master and Wardens be respectively empowered to sell or lease portions of their existing properties, and of property to be hereafter respectively acquired by them.

"And whereas the objects aforesaid cannot be effected without the aid and authority of Parliament.

"May it therefore please your Majesty, That it may be enacted and 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:—

Short Title.

"1. This Act may be cited for all purposes as "The Charterhouse School Act, 1867."

Interpretation.

"2. In this Act the expression 'the Governors' shall mean the Governors of the lands, possessions, revenues, and goods of the Hospital of King James founded in Charterhouse, within the County of Middlesex, at the humble petition and only costs and charges of Thomas Sutton, Esquire, and the expression, 'The Master and Wardens' shall mean the Master and Wardens of the Merchant Taylors of the Fraternity of Saint John Baptist in the City of London.

Powers to Governors of Charterhouse to sell.

"3. The Governors may sell and convey to the Master and Wardens or sell and convey or demise to any other body or persons, and the Master and Wardens or other body or persons may purchase or take the whole or any part of the present school house of the Charterhouse, and the several residences and buildings connected therewith, in the parish of Charterhouse, in the county of Middlesex, and the lands upon which the same are erected or which are used in connection with the school; and the receipts of the Governors, under their Common Seal, for the purchase-money of the property sold, shall effectually discharge the purchaser therefrom, and from being concerned to see to the application or being responsible for loss or misapplication thereof: Provided always, that the Governors shall not give up possession of the school-house and buildings now used for the purposes of the said school, until the new school which they are by this Act authorized to erect is completed and ready for occupation.

Power of sale and lease.

"12. The Master and Wardens may, at any time or times after the passing of this Act, sell, either by public auction or by private contract, or partly in one and partly in the other of those modes, or grant a lease or leases of the lands, school-house, buildings, and hereditaments belonging to them in the parishes of All Hallows the Less, and St. Lawrence Pountney, or any part or parts thereof, and also any part or parts of the lands, buildings, and hereditaments which they may acquire under this Act, and which, in the opinion of the Master and Wardens may not be required for the purposes of their school, upon such terms as they shall think fit, and the receipts of the Master and Wardens under their Common Seal shall effectually discharge the purchaser or lessee therefrom, and from being concerned to see to the application or being responsible for loss or misapplication thereof, and from being concerned to enquire into the propriety or regularity of any such sale or lease: Provided that the Master and Wardens shall not give up possession of the land, buildings and premises now used for the purposes of their said school until other and sufficient accommodation be provided for carrying on the said school.

Power to erect school on new site.

"13. The Master and Wardens may, at any time or times after such purchase, remove their said school to the buildings and premises which they are by this Act authorized to purchase, or to any part or parts thereof respectively, and there conduct and carry on the said school in the same manner as they may now conduct and carry on the same in their present buildings.

Investments by Master and Wardens.

"14. Any of the moneys for the time being belonging to the Master and Wardens may be from time to time invested on mortgage of any messuages, lands, or tenements in England or Wales, being freehold or copyhold of inheritance, or in the purchase of stock in the public funds of Great Britain, or in exchequer bills or bank stock, and such stocks, funds, moneys, or securities may be from time to time sold, called in, and converted into money, and reinvestments made when and as it may by the Master and Wardens be deemed expedient.

Lands acquired by the Master and Wardens to be subject to same trusts, &c., as their present property.

"15. Any lands and buildings so purchased by the said Master and Wardens shall, but without prejudice to the powers with reference thereto given by this Act, be liable to such and the same trusts, powers, and restrictions as now affect their school and buildings in Suffolk Lane, in the city of London, and to no other trusts, powers, or restriction of any kind whatsoever.

All exhibitions, &c., attached to existing school of Master and Wardens to be attached to school when transferred.

"16. All scholarships, exhibitions, and endowments, and all other rights, powers, and privileges belonging or attaching to the existing school of the Master and Wardens shall continue to belong and attach to the said school when the same shall have been transferred under the authority of this Act.

Saving rights of Master and Wardens.

"17. Except as is in this Act expressly provided, nothing therein contained shall be deemed to prejudice or affect the several rights, powers, privileges, and advantages of the Master and Wardens.

General saving.

"18. Saving always to the Queen's Most Excellent Majesty, her heirs and successors, and to every person, body, politic and corporate, and their respective heirs successors, executors and administrators, all such estate, right, title, interest, claim, and demand whatsoever of, in, to, or out of the several lands, moneys, and premises to which the provisions of this Act are intended to apply, or any of them, or any part thereof respectively, as they or any of them had before the passing of this Act, or would, could, or might have or enjoy if this Act were not passed.

Persons bound by this Act.

"19. Provided that the following bodies and persons are expressly excepted out of the general saving in this Act contained, and they accordingly are the only persons bound by this Act, that is to say:—

"The Governors and the Master and Wardens, and all persons entitled to the benefits of either of the said Schools."