SCHEME FOR THE MANAGEMENT AND REGULATION

of the

FREE GRAMMAR SCHOOL, BURTON-ON-TRENT
in  the  county  of Stafford

and

THE APPLICATION OF THE INCOME THEREOF
Approved by
The High Court Chancery

By Order dated 2nd August, 1858

CLAUSES OF SCHEME.

1. Trustees of Charity
2. Duties of Trustees
3. Trustees not to hold Charity Property
4. Clerk and Receiver
5. Duties of Clerk
6. Duties of Receiver
7. Notice of Meetings
8. General Meetings of Trustees
9. Special Meetings of Trustees
10. Quorum of Trustees at Meetings
11. Adjournment of Meetings
12. Appointment of a Committee
13. Minutes of Meetings
14. Accounts
15. Cheques, &co.
16. Banker
17. Custody of Documents
18. Land to be purchased and School-house built
19. Sinking Fund
20. School to be divided into two Departments
21. Qualification of Boys
22. Sons of Non-resident Persons may be admitted
23. Boys to conform to Rules
24. Capitation Fees
25. Election of Boys from National and British and Foreign Schools to Grammar School
26. Admittance to School and hours of Attendances
27. Masters
28. Residence of Master — Schoolhouse not to be occupied as Tenant
29. Assistant Masters
30. Trustees to have superintendence over Masters and School
31. Masters not to accept Cure of Souls or other Appointment
32. Stipends of Masters
33. Apportionment of Rents on New Appointment
34. Internal Regulation of School
35. Religious Instruction
36. Prayers to be read in School
37. Examination
38. Prizes
39. Annual Report to be made
40. Stationery for Scholars
41. Vacations
42. Power for Trustees to make Rules as to Management of School
43. Scheme to be printed

THE SCHEME.

1. Trustees of Charity
The Charity and the Lands and Property thereof (the present particulars whereof are set forth in the Schedule hereto) shall be under the management and control of Trustees, the full number of whom shall be fifteen. Whenever the number shall be reduced to seven (either by death, resignation, refusing, declining or becoming incapable to act, ceasing to act for one year, becoming bankrupt or taking the benefit of any Act for the Relief of Insolvent Debtors, each of which several circumstances respectively shall be a disqualification, and shall create a vacancy of the office of Trustee held by such person), fit and proper persons shall be appointed by a Court of competent jurisdiction to fill such vacancies; and the application for such purpose shall (unless the same be made by her Majesty’s Attorney-General) be made with the sanction of the Charity Commissioners for England and Wales. Application may, under special circumstances, be made for the appointment of Trustees before the number shall be reduced to seven.

2. Duties of Trustees
The Trustees shall keep in repair, or cause to be kept in repair by the persons for the time being liable in that respect, and shall keep insured, or cause to be kept insured, against loss or damage by fire, the School-house and all other Buildings belonging to the Charity; and shall manage and from time to time let and demise the

Charity Property at the best annual rent or rents that can reasonably be obtained for the same, either from year to year or for any term not exceeding twenty-one years, in possession and not in reversion, and without taking any fine or premium on the granting of any such demise; but the surrender of any existing term not having more than three years to run shall not be considered as a premium; and on the granting of any lease the lessee shall execute a counterpart of the same. All leases shall contain covenants on the part of the lessee for the due payment of the rent, the proper cultivation of the land, and the repair and insurance of the houses and buildings comprised therein, a proviso for re-entry on non-payment of rent or non-performance of the covenants, and all oilier usual and proper covenants applicable to the property which shall be the subject of the lease. But if at any time it shall be thought by the Trustees that it would be beneficial to the Charity to grant any longer term of years, or to make any other disposition of any part of the Charity Property, they shall apply to the Court of Chancery, or to the Charity Commissioners for England and Wales, for directions thereon.

3. Trustees not to hold Charity Property
None of the Trustees shall at any time, either directly or indirectly, accept a lease of or hold or occupy any part of the Estate and Property belonging to the Charity, or any interest therein, for his own benefit or for the benefit of any other person or persons whomsoever.

4. Clerk and Receiver
The Trustees may appoint a fit and proper person as their C|erk, and a fit and proper person to be the Receiver of the rents and income of the Charily. They may, if they see fit, combine the two offices in one person. They may pay to any person so appointed Clerk any stipend not exceeding £5 per annum, and may allow to the Receiver any sum not exceeding the rate of £2 per cent, per annum on the amount of rents actually received by him. If the two offices of Clerk and Receiver be combined in the same person, the total amount to be paid to him in respect of both offices shall not exceed £3 per cent, on the amount received.

The Clerk and Receiver shall hold such offices respectively during the approbation of the Trustees. The Receiver shall give such security as the Trustees shall direct.

5. Duties of Clerk
The duties of the Clerk shall be to attend the Trustees at their Meetings; to attend and give information to any Committee appointed by the Trustees; to enter the minutes of the proceedings at Meetings of the Trustees; to keep the accounts of the Charity, and to furnish and send such duplicates thereof, statements and balance sheets as the Trustees may by law he bound to supply; to preserve, subject to the directions of the Trustees, nil vouchers for payments on behalf of the Charity; to make once in every year a detailed account of the receipts and payments of the Charity during the preceding year, which shall be vouched and passed before the Trustees at their first General Meeting in every year, or at some adjournment thereof, and also a statement of the assets and liabilities of the Charity; to make out an abstract of such account; and to perform all such other duties and acts appertaining to the office of Clerk in respect of the Charity and the management thereof as the Trustees shall direct.

6. Duties of Receiver
The duties of the Receiver shall be to see that the Covenants contained in any Lease of the Charity Property are properly performed ; to see that the Buildings are kept properly repaired and insured against damage by fire; to collect and receive the rents and income of the Property; to render to the Trustees an annual Account of his receipts and payments, with Vouchers for such payments; to submit to the Trustees annually a Report showing the state and condition of the Charity Estate; and to perform all such other duties and acts appertaining to the office of Receiver in respect of the Charity, and the management thereof, as the Trustees shall direct.

7. Notice of Meetings
Notice of every Meeting, whether General, Special or Adjourned, shall be given by the Clerk in writing to each Trustee three clear days at the least before the time appointed for holding the same, which Notice may be delivered at the residence of each Trustee, or sent by post.

8. General Meetings of Trustees
The Trustees shall hold not less than four General Meetings in each year for transacting the business of the Charity, which Meetings shall be held at such convenient place as the Trustees shall determine, and such Meetings shall be held in the months of January, April, July and October, unless the Trustees shall appoint some other periods for the holding thereof after the several quarter-days above mentioned.

9. Special Meetings of Trustees
If at any time any matter shall arise requiring the consideration of the Trustees, and which cannot conveniently be deferred to the next General Meeting, any two or more of the Trustees may, by a requisition under their hands, call a Special Meeting of the Trustees, and the Clerk shall thereupon give notice in writing to each of the Trustees of the time, place and object of such Meeting, and no business shall be transacted at such Special Meeting other than that which shall be specified in such Notice.

10. Quorum of Trustees at Meetings
At any Meeting for the purposes of this Charity, any five Trustees so long as the existing number shall be eleven or more, and if there shall be less than eleven, any number not being less than one-half of the existing body shall form a Quorum; and so soon after the time fixed for the holding of any Meeting as a sufficient number of Trustees shall be present to form a Quorum, they shall proceed to elect a Chairman from amongst the Trustees present, and, in the event of an equality of Votes on the Election of Chairman, the question shall be decided between the persons proposed, by Lot. The acts and proceedings of a majority of Trustees, at any Meeting properly held, shall be binding on the whole of the Trustees; but the Trustees, or the majority of them present at any subsequent Meeting duly held, and constituted as aforesaid, shall have power from time to time to alter, vary or rescind any Resolution or direction which may have been come to or given at any previous Meeting. The Chairman of every Meeting shall, in the event of an equality of Votes, have, in addition to his original Vole, a second or casting Vote.

11. Adjournment of Meetings
If at any Meeting of the Trustees there shall not, after the space of half-an-hour from the time appointed for holding the same, be a sufficient number of Trustees in attendance to form a Quorum, or the business of any Meeting shall remain undisposed of, the Trustees, or any one or more of them present at any such Meeting, or if no Trustee be present, then the Clerk may adjourn the same until some subsequent day.

12. Appointment of a Committee
The Trustees may, at any Meeting, appoint from their own body three or more Trustees to be a Committee, for the purpose of making any inquiry, or superintending or performing any specific act or duty which, in the judgment of the Trustees, would be more efficiently executed by such Committee, but the acts and proceedings of such Committee shall be reported to the Trustees at the next General Meeting.

13. Minutes of Meetings
The Trustees shall provide a Minute Book, wherein shall be entered the names of the Trustees attending, and the proceedings at their Meetings, and all Orders given for the disposal of any of the funds of the Charity, the Reports of Committees, and all other matters relating to the Charity transacted by such Trustees. The Minutes shall be signed by the Chairman of the next succeeding General Meeting.

14. Accounts
The Trustees shall also provide all necessary Account Books, wherein shall be entered an account of the receipts and payments on behalf of the Charity, and such other particulars as the Trustees shall direct. Such accounts shall be examined, vouched and audited by the Trustees at their first General Meeting in every year, or at some adjournment thereof, and shall be signed by the Chairman of the Meeting and two of the Trustees, and shall be deposited and kept with the other vouchers and papers relating to the Charity.

15. Cheques, &co.
All Cheques and Orders for the payment of money shall be signed by the Chairman at one of the Meetings of the Trustees and by two of the other Trustees present at such Meeting, and shall be countersigned by the Clerk.

16. Banker
The Trustees shall appoint as their Banker some fit and responsible person or persons carrying on the business of Banker, or some Joint-Stock Banking Company, with whom shall be deposited the monies of the Charity, and they may change such Banker at any time if they shall think fit.

17. Custody of Documents
The Trustees shall provide a Box or Safe, with a secure lock and two keys, wherein shall be deposited the deeds, vouchers, accounts, books and documents belonging to the Charity, and also a list of the same, and such Box shall be kept in such secure place as the Trustees shall direct.

18. Land to be purchased and School-house built
The Trustees may procure, by purchase, Land for the site of a suitable House for the Head Master and for a Play-ground for the Boys, and shall erect such House, with all necessary appurtenances, in such manner and according to such plans as may be approved of by the Court of Chancery or by the Charity Commissioners for England and Wales; and in order to defray the expense of such purchase and buildings, the Trustees shall be at liberty, with the sanction of the Court or of the said Commissioners, to raise, on the security of the Charity Estate or a sufficient part thereof, by way of mortgage or grant of annuity for any period not exceeding fifty years, such sum as may be required. They may receive gifts of land or money for the purposes of this clause.

19. Sinking Fund
In case the money so to be raised shall be raised by mortgage, the Trustees shall, out of the income of the Charity, set aside annually, as a Sinking Fund, a sum of money not less than one-fiftieth part of the amount borrowed, which sum shall be annually invested in the public funds in the names of any four of the Trustees, to an account to be kept in the books of the Trustees, to be entitled “The Sinking Fund Account;” and the dividends of the money so invested, when and as the same shall become due, shall from time to time be received and invested in like manner, in order that the monies so set aside and invested may accumulate at compound interest; and when such accumulated fund shall amount to a sum which in the opinion of the Trustees can be conveniently applied for that purpose, the stocks, funds and securities wherein the same shall stand invested shall be sold and converted into money, and the monies arising from any such sale and conversion shall be applied in payment, so far as the same will extend, of the principal monies charged upon and owing on the credit of the Charity Estates, or any part thereof, and so from time to time until the whole of the principal monies borrowed on the credit of the said Estates shall be discharged.

20. School to be divided into two Departments
The School shall be divided into two departments, to be called the Upper and Lower School. In the Upper School the course of study shall comprise the English, Latin, Greek, French and German Languages, Arithmetic, Mathematics, History and Geography. In the Lower School the course of study shall comprise English Grammar, Latin Grammar, with Exercises and Translation, the Elements of the French Language, Writing and Arithmetic (with special reference to the Commercial Rules), and the Rudiments of Modem Geography and Modern History.

21. Qualification of Boys
All Boys between the ages of eight and sixteen years, whose parents or guardians or persons standing to them in loco parentis are resident in the parish of Burton-on-Trent, being able to read and write, and having some acquaintance with the four first rules of Arithmetic, and being certified to be of good moral conduct, shall, to the extent of the capacity of the School to accommodate them, be qualified for admission to the School; but no Scholar shall be entitled to remain in the School as a Scholar after he shall have attained the age of nineteen years. In case it shall be found necessary to limit the number of Scholars admitted into the School, a preference shall be given to those Boys whose parents or guardians have been longest resident in the parish of Burton-on-Trent.

22. Sons of Non-resident Persons may be admitted
The Head Master shall be at liberty to admit to the School twenty Boys, or such larger number as the Trustees shall approve, as Boarders or Day Scholars, such Day Scholars being the sons of non-resident persons, upon such terms as he shall think proper. The Usher shall be allowed to take such Boarders, and on such terms as the Trustees shall from time to time approve of.

23. Boys to conform to Rules
Every Boy admitted into the School shall at all times conform to the rules which may from time to time be made for the government thereof, and shall be liable to expulsion by the Trustees upon any breach thereof or non-conformity therewith, or upon immoral or indecent conduct or insubordination, or other sufficient cause; and in case of misconduct on the part of any Boy, the Head Master shall have power immediately to suspend him until the next Meeting of the Trustees, when the cause of such suspension shall be submitted to the Trustees.

24. Capitation Fees
Every Boy attending the Upper School (except as hereinafter is excepted) shall pay a capitation fee of £7 per annum, and every Boy attending the Lower School (except as hereinafter is excepted) shall pay a capitation fee of £2 per annum. The Boarders and non-resident Day Scholars shall pay a capitation fee of £7 each, whether they are in the Upper or Lower School. The capitation fees shall be paid quarterly, in advance, to the Head Master, who shall thereout pay the Assistant Masters and French Master. He shall render an account of his receipts and payments in respect of such fees half-yearly, and he shall retain two-thirds of any surplus for his own use, and shall pay over the remaining one-third thereof to the Trustees, to be applied by them for the benefit of the School as they in their discretion shall think fit.

25. Election of Boys from National and British and Foreign Schools to Grammar School
The Trustees shall, as a reward for Scholarship and National good conduct, select Hoys from any School for the Children of the poor in Burton-on-Trent for admittance into the Lower School, and shall, as a like reward, select Boys Grammar from the Lower School for admittance into the Upper School. The Boys so respectively selected shall be free from the payment of any capitation fee. Provided that there shall never be more of such Free Scholars in the Grammar School at the same time than five in the Upper School and five in the Lower School. The first selection shall take place at Midsummer, 1859.

26. Admittance to School and hours of Attendances
The Trustees shall appoint the periods for admitting Boys to the School, and application for admission thereto shall be made made to the Head Master for the time being. The Head Master shall, with the approval of the Trustees, fix the hours of attendance in the School.

27. Masters
There shall always be a Head Master and an Usher, to be respectively elected by the Trustees; and as often as the office of Head Master or Usher shall become vacant, the Trustees shall within a reasonable time proceed to elect into the office some competent person, who in the case of the Head Master shall be a Member of the Church of England and a Graduate of an English University.

28. Residence of Master — Schoolhouse not to be occupied as Tenant
The Head Master for the time being shall reside in the Master’s House, if and when the same shall be erected; and such residence shall be in respect of the official character and duty of the Head Master, and not as tenant, and he shall be compelled, if removed from his office, to deliver up possession of such premises at such time and to such persons as the Trustees may direct; and the Head Master shall not underlet, or permit or suffer any other person or persons than himself and family and visitors, and the Boarders authorized to be taken by this Scheme, and the Masters of the School, to use or occupy any part of the said premises.

29. Assistant Masters
The Head Master may from time to time appoint any Assistant Master or Masters for the School, with the concurrence of the Trustees, and the Trustees or the Head Master may dismiss any such Master or Masters. The Head Master shall, at all events, provide one Assistant Master and one French Master; and whenever the number of Boys (including Boarders, non-resident Day Scholars and Free Boys) shall be 110, he shall provide an additional Assistant Master, and further additional Assistant Masters in the proportion of one for every full number of thirty Boys beyond the number of 110.

30. Trustees to have superintendence over Masters and School
The Trustees, or the majority of them, shall have power, for just cause, to remove the Head Master or Usher of the School, and to visit and reform all misdemeanors and abuses in the School or the Masters thereof.

31. Masters not to accept Cure of Souls or other Appointment
Neither the Head Master nor the Usher shall at any time during their tenure of office hold, receive or exercise any benefice having the cure of souls, or any office or appointment which will interfere with the regular performance of their School duties.

32. Stipends of Masters
Subject to the payment of the expense of repairs of the Buildings on the Charity Property and the School Buildings, and the outgoings and allowances (or improvement made to the tenants of the Charity Lands, and to the expenses of management, examination and prizes, the rents of such property (except, the income derived from Dame Elizabeth Paulett’s Benefaction) shall be paid as follows; (that is to say,) two-thirds thereof (after payment out of such two-thirds of the Interest and Sinking Fund of the money borrowed under the provisions hereinbefore contained) to the Head Master, and the remaining one-third to the Usher. The Head Master shall receive £3 per annum and the Usher £6 per annum under Dame Elizabeth Paulett’s Benefaction.

33. Apportionment of Rents on New Appointment
Any Head Master or Usher appointed during an interval between the usual days of payment shall be entitled to be paid in proportion only up to the day of payment next following his appointment, and any Head Master who shall die, resign or be removed between such days shall only be entitled to a proportionate part of his stipend up to the day of his death, resignation or removal.

34. Internal Regulation of School
Subject to the directions herein contained, the discipline and control of both departments of the School shall be vested in the Head Master, and the course and plan of instruction to be observed in each department, shall from time to time be fixed by him with the approbation of the Trustees. The Head Master shall be responsible for the conduct of the entire School. The Usher and Assistant Masters shall take such parts in the instruction of the Scholars as the Head Master, with the approbation of the Trustees, shall think fit.

35. Religious Instruction
The School shall be open to the children of Parents of all religious tenets. Religious Instruction shall be given by the Head Master at such times as he shall think best, by reading the Holy Scriptures to all the Boys, and also by explaining the Doctrines of the Church of England to such of the Boys whose Parents or persons standing to them in loco parentis shall not object by a note in writing to their receiving such instruction.

36. Prayers to be read in School
Suitable Prayers, taken from the Liturgy of the Church of England, shall be read by one of the Masters every Morning immediately on the opening of the School, and again in the Evening before the Scholars are dismissed.

37. Examination
A General Examination of the Scholars shall take place once every year previous to the Midsummer Vacation, and the Trustees shall appoint a fit and proper person, being a graduate of one of the English Universities, of not less than two years’ standing, and not residing in Burton or the immediate neighbourhood, to conduct such Examination; and the Trustees shall be at liberty, out of the funds of the Charity, to pay such Examiner a sum not exceeding £5 5s 0d for his fee and expenses. Such Examination shall take place in the presence of the Trustees, or such of them as can conveniently attend, and of the Masters of the School; and the Examiner shall report the result to the Trustees, who shall take such Report into consideration with reference to the distribution of prizes.

38. Prizes
The Trustees shall, after such Report, distribute, as rewards for Scholarship and good conduct, such and so many prizes, not exceeding in the whole in value £5, as they shall see fit.

39. Annual Report to be made
The Head Master shall report in writing to the Trustees, at Midsummer and Christmas in every year, as to the slate and progress of the School, the number of Scholars therein, and the observance of the Rules by the Usher and Assistant Master and Scholars, and shall also make such suggestions as he may deem expedient for the future good government of the School.

40. Stationery for Scholars
All printed books, papers, pens, pencils and other Stationery necessary for the use of the Scholars, shall be provided and found by or at the expense of the Parents, Relations or Friends of the Scholars.

41. Vacations
The Vacations of the School shall consist of five weeks at Christmas and six weeks at Midsummer, and one week at Easter; any additions thereto, and other occasional holidays, shall be fixed by the Head Master subject to the approval of the Trustees.

42. Power for Trustees to make Rules as to Management of School
The Trustees shall have power, from time to time, as to them shall seem meet and expedient, to make such further and other Rules and Orders for the well guiding and government of the School as are not inconsistent with this Scheme.

43. Scheme to be printed
This Scheme shall be printed, and a Copy shall be given to every person who shall become a Trustee of the Charity; and every Master and Officer appointed under the provisions hereof, before entering on the duty of his office, shall by writing signed at the foot of a printed Copy of this Scheme, to be kept by the Trustees, certify that he has read the same, and that he undertakes and agrees to conform and comply with the provisions thereof, so far as the same apply to the office accepted by him.

THE SCHEDULE ABOVE REFERRED TO.

A Messuage, Farm-house, Buildings and Land,
containing about 120 acres, at Orton-on-the-Hill,
in the County of Leicester, the net annual rent
being……………………………… £228 11s 0d

Two Messuages, Farm-houses, Buildings and Lands,
containing about 112 acres, at Breaston, in
the County of Derby, the net annual rent
being……………………………… £197 0s 0d

A School-house, in Burton-on-Trent.
£187 3s 3d Consols, called the Railway Purchase-money
Dividends, standing in the name of the Accountant-General,
the dividends thereon
being……………………………… £4 9s 10d

A proportion of £333 6s 8d Consols, called the Clerkenwell
House Dividends, standing in the name of the Marquis of
Anglesey and others, the dividends thereon
being……………………………… £8 9s 0d

Total being………………………… £438 9s 10d

LONDON:
Printed By C. ROWORTH AND SONS
Bell Yard, Temple Bar
1858.