and

and hereditaments and the erections and buildings now erected or to be hereafter erected thereon Darlington. and the outhouses and conveniences connected therewith all which are (unless where otherwise distinguished) (hereinafter referred to as "the Hospital and Premises ") to be used and occupied under Hospital such name (if any) as the Committee of Management hereinafter referred to shall think fit to adopt as a Hospital Infirmary Dispensary or other establishment for the alleviation of the Physical Sufferings and EndowDispensary and for the care and assistance during sickness or Infirmity of the Labonring Classes for the time ments-being resident or being in or around or in the neighbourhood of Darlington under and subject to continued. such restrictions and regulations and generally in such manner for all and every or such one or more exclusively of the other or others of the objects and purposes herein respectively specified (hereinafter referred to as the "said Charitable purposes") as the Committee of Management constituted as hereinafter is mentioned (hereinafter referred to as the "Committee of Management") shall from time to time require or approve and it being understood that the expression "the Charity" hereinafter used shall include as well the said Hospital and premises as the said Charitable purposes It is with a view to the permanent support and management of the Charity hereby declared as follows (namely) An Annual Meeting of the subscribers to the Charity (hereinafter referred to as "the said annual general meeting") shall be held in one of the rooms belonging to the Charity or at such other place as the Committee of Management for the time being shall direct on such day in the month of January in every year as the Committee of Management for the time being shall direct and the first such Annual General Meeting holden after the execution of these presents shall be holden in the month of January now next ensuing An Extraordinary General Meeting of the Subscribers to the Charity may be held in one of the rooms belonging to the Charity or at such other place as the Committee of Management shall for the time being determine as often as the Committee of Management shall think fit to call the same Provided that no such annual or extraordinary general meeting shall be holden unless and until eight days' notice of the intention to hold such meeting shall have been sent through the General Post to every person for the time being entitled to vote at such meeting addressed to him or her at his or her residence or other place for the time being specified as his or her address in the Books of the Committee of Management, but so that the omission from accident or any other cause to send such notice to any such person or persons shall not prevent or invalidate the holding of any such ordinary or extraordinary meeting Provided also that no business shall be transacted at any such extraordinary general meeting other than and except the business specified in the advertisement or notice calling the same.

Every person who whether before or after the execution of these presents shall have subscribed towards the support of the Charity the sum of five pounds five shillings at the least at any one time by way of donation or the sum of ten shillings and sixpence at the least by way of annual subscription shall be entitled to attend and vote at every annual or extraordinary General Meeting of the subscribers and every subscriber by way of donation shall be entitled to one vote in respect of every sum of five pounds five shillings so for the time being subscribed and every subscriber by way of annual contribution shall be entitled to one vote only provided always that no subscriber by way of donation shall be entitled to more than ten votes.

The President or in his absence the Vice-President for the time being and in the absence of both the President and the Vice-President then the person who shall be appointed in that behalf by the annual or extraordinary General Meeting at which such appointment shall be made shall be the Chairman of every such annual or extraordinary general meeting and in that character shall in the event of an equality of votes at any such meeting have an additional or casting vote.

At every such annual general meeting a report approved by the Committee of Management for the time being shall be presented containing a statement of the proceedings of such Committee during the interval which shall have elapsed since the close of the period comprised in the last report and also the names of the persons proposed to act on the Committee of Management for the ensuing year and any other matter in connection with the affairs of the Charity which the Committee of Management may desire to bring under the notice of the Annual General Meeting.

Subject and without prejudice to the provisions of these presents the general control and management of the Charity shall be vested in a Committee (herein referred to as "the Committee of Management") which Committee until the occurrence of the first annual General Meeting which shall be holden after the execution of these presents shall consist of the persons hereinafter named in that behalf and from and after the occurrence of the said first Annual General Meeting shall consist of such President and Vice-President and of such other persons respectively not being fewer in number than twelve as shall have been appointed either unanimously or by the majority of votes of subscribers present either personally or by proxy at the Annual General Meeting then last for the time being held and of such other persons (if any) as shall have been duly appointed in pursuance of the next following clause.

On the decease or the retirement of any member or members for the time being of the Committee of Management previously to the occurrence of such first Annual General Meeting or (as the case may be) previously to the Annual General Meeting which shall occur next after the Annual General Meeting at which he or they shall have been last appointed it shall be lawful for the surviving or continuing members of the Committee of Management for the time being to appoint some other person or persons as a member or members of such Committee in the place of the member or members thereof who shall so die or retire and such person or persons so appointed shall have all the powers of the member or members respectively in whose room he or they shall have been substituted.

The Committee of Management shall meet in one of the rooms or buildings belonging to the Charity or in such other place as such Committee shall from time to time agree upon and all matters brought under the consideration of such Committee shall be decided by the major part of the members

Darlington. of such Committee actually present and in case there shall be an equality of votes the Chairman for the time being of such Committee shall have a casting vote in addition to his own or ordinary

Hospital and Dispensary

and Endowmentscontinued.

vote.

Subject and without prejudice to the provisions of these Presents the Committee of Management shall from time to time receive and collect subscriptions expend appropriate and invest moneys whether consisting of donations subscriptions or legacies to the Charity or arising from the rents interest dividends or annual produce of any portion of the property and effects thereof that may be from time to time unoccupied or unapplied in or about the actual purposes of the Charity or may in the judgment of the Committee of Management for the time being require investment and may from time to time vary such investments or (as the case may require) sell and dispose of the same and apply the nett proceeds thereof in or about the general purposes of the Charity and shall carry on and complete buildings make repairs insurances alterations and improvements appoint and dismiss officers surgeons servants and assistants make all necessary arrangements for the reception the dismissal the good government and careful treatment of the Inmates and Patients and do or arrange for the doing of all such other acts and things whatsoever as may in the judgment of such Committee of Management be from time to time necessary or expedient for the efficient management and working of the Charity in conformity with the provisions of these Presents and the Committee may from time to time make such rules byelaws and regulations as well for the due and orderly conducting of the business of the said Committee in relation to the Government and Management of the Charity and the affairs inmates and patients thereof not being inconsistent with or repugnant to the provisions of these Presents as the Committee of Management may from time to time think proper and may from time to time alter vary or rescind all or any of such rules byelaws or regulations.

Until the appointment of the Committee of Management by the First Annual General Meeting to be holden in the month of January now next ensuing under the provisions of these Presents the following Gentlemen shall be and shall exercise all the functions powers and authorities hereby vested in the Committee of Management (namely) the said John Pease Edmund Backhouse Edward Kipling Henry Pease the said Alfred Backhouse Christopher Watkin the said Alfred Kitching John Beaumont Pease John Hardcastle Bowman Thomas MacLachlan Edward Pease Thomas Clayhills Robert Thompson Henry Fell Pease Henry King Spark Arthur Pease Edwin Lucas Pease Richard Luck John Marley and the said Thomas Macnay.

Provided always that the said Trustees or Trustee shall on the direction of an annual or extraordinary General Meeting of the subscribers to the Charity (testified by some writing appearing to be signed by the person purporting to be the Chairman for the time being of such meeting and of the due calling and holding and regularity of such meeting a copy of such writing appearing to be so signed shall be for all purposes conclusive evidence) demise or lease such portion or portions of the said Hospital and premises (if any) as shall not for the time being be actually required for the purposes of the Charity to any person or persons for such term or terms of years at such rent and under and subject to such stipulations in all respects as the Trustees with the sanction of the Committee of Management (testified as aforesaid) shall from time to time think expedient.

Provided always and it is hereby declared that it shall be lawful for the Trustees by the direction of an annual or extraordinary General Meeting of the Subscribers to the Charity testified by some resolution approved by two-thirds at the least of the votes of such Subscribers present either personally or by proxy at such meeting (of which resolution a Copy appearing to be signed by the person purporting to act as the Chairman for the time being of such Meeting shall be for all purposes conclusive evidence) to dispose of and convey either by way of absolute Sale or in exchange for other hereditaments within two miles of the said Hospital and premises all or any part of the said Hospital and premises and the inheritance thereof in fee simple to any person or persons whomsoever for such price or prices in money or for such equivalent or recompense in hereditaments as to the Trustees for the time being executing this present power shall seem reasonable And for the purpose of effecting such disposition or Conveyance the Trustees for the time being at such request and by such direction and so testified as aforesaid may by any Deed or Deeds absolutely revoke all or any of the uses trusts powers provisoes and declarations herein before declared and contained of and concerning the hereditaments so proposed to be sold or exchanged and may by the same or any other deed or deeds limit declare or appoint any uses trusts or estates of the said Hospital and premises or any part or parts thereof the uses of which shall be so revoked which it shall be thought necessary or expedient to limit declare or appoint in order to effectuate any such sale disposition and conveyance as aforesaid And upon any such exchange as aforesaid the Trustees for the time being exercising this present power may give or receive any sum or sums of money by way of equality of exchange And (if the case shall so require) may raise the money so to be paid for equality of exchange by a charge upon all or any of the hereditaments for the time being subject to the then subsisting Trusts of these Presents and either including or not including the hereditaments so to be received by way of exchange and may for that purpose by any deed or deeds limit the hereditaments so to be charged and the appurtenances to any person or persons by way of mortgage whether in fee or for years and either with or without powers of sale and other powers connected therewith and incident thereto for securing the repayment of the money so to be raised with interest for the same And it is hereby declared when and so often as any money shall be received for any Sale or for Equality of exchange or (being in the nature of capital and not of annual income) as to which the judgment of the Committee of Management testified by the copy of a minute purporting to be signed by the person purporting to act as the Chairman for the time being of such Committee shall be conclusive evidence which shall otherwise come into the hands of the Committee of Management or the Trustees for the benefit of the Charity and shall not be otherwise applicable under the

express trusts herein declared thereof the Trustees shall on the request of the Committee of Manage- Darlington. ment testified as aforesaid pay and apply the same in or towards satisfaction or discharge of the principal sums of money (if any) which under or by virtue of these Presents shall then for the time being Hospital be a charge upon or affect the hereditaments for the time being subject to the then subsisting Trusts and of these Presents and lay out the surplus (if any) of such money in the purchase of other heredita- Dispensary ments in fee simple in possession in England within two miles of the said Hospital and premises of inentsa clear state of inheritance or of Lands of a Leasehold or Copyhold or Customary tenure convenient continued. to be held therewith or with the hereditaments for the time being subject to the then subsisting trusts of these Presents.

And the hereditaments so to be purchased or received in exchange as aforesaid shall be settled and assured upon such trusts and with and under and subject to such powers provisoes and declarations as under or by virtue of these presents would have been for the time being subsisting undetermined and capable of taking effect of and concerning the said Hospital and premises if no such Sale or Exchange thereof had been made.

And it is hereby further declared that until the money to arise from any such Sale or to be received for equality of exchange or otherwise by way of Capital and not of annual income as bereinbefore is mentioned shall be disposed of in the manner hereinbefore expressed the Trustees shall under the direction of the Committee of Management invest the same in the names or name of the Trustees or Trustee in the Parliamentary Stocks or Public Funds of Great Britain or at Interest upon Government or real Securities in England and Wales (but not in Ireland) or in or upon the Bonds or Debentures of the Guaranteed or Preference Shares of any Railway or other Incorporated Public Company carrying on business in Great Britain and for the time being paying a Dividend to its ordinary shareholders and may from time to time vary and transpose the said stocks funds and securities for or into any other of the aforesaid stocks funds and securities as occasion shall require in the discretion of the Trustees under such direction as aforesaid And it is hereby declared that the interest dividends and annual produce arising from the said stocks funds and securities shall be paid and applied under the direction of the Committee of Management in or towards the general purposes of these presents.

Provided always that in case the subscriptions to the Charity and the other income thereof shall at any time in the judgment of the Committee of Management prove insufficient for the proper carrying on of the Charity it shall be lawful for the Committee of Management for the time being to submit to the next for the time being Annual General Meeting or to an extraordinary General Meeting of the Subscribers to the Charity a proposal for the sale of all or any part or parts of the said Hospital and premises and the houses or buildings thereon and if such proposal shall be accepted and a resolution in conformity therewith agreed upon either unanimously or by a majority of twothirds at the least of the Votes of the Subscribers present either personally or by proxy at such Annual or Extraordinary General Meeting the trustees for the time being of these presents shall thereupon with all convenient speed absolutely sell and dispose of the said Hospital and premises and the erections and buildings for the time being thereon or (as the case may be) the portion thereof so proposed and resolved to be sold as aforesaid either together or in lots and either by public auction or private contract and either with or without special conditions of sale as the Committee of Management shall determine to any persan or persons whomsoever for the best price or prices that can be reasonably obtained for the same with full power to buy in the same premises or any of them at any such Public Auction or Auctions or to rescind the contract or contracts for sale thereof and to resell the same from time to time without being answerable for any loss or diminution in price And shall for the purpose of effectuating such sale or sales disposition or dispositions do enter into and execute all such acts contracts and assurances as the Trustees shall think proper.

And it is hereby declared that all moneys which shall arise and be produced from any sale or disposition of all or any part of the said Hospital and premises to be made under or by virtue of the power of Sale in that behalf lastly hereinbefore contained (after payment of all costs and expenses incident to such sale or disposition) shall be applicable to the payment and discharge of all principal moneys and interest (if any) for the time being due upon Security of any Mortgage or charge affecting the said Hospital and premises or any part thereof and subject thereto shall be forthwith applied in such manner and for such purposes as the Committee of Management for the time being with the sanction of an Annual or Extraordinary General Meeting of the Subscribers to the Charity testified by some resolution approved by two-thirds at the least of the votes of such Subscribers present either personally or by proxy at such meeting and of which resolution a copy appearing to be signed by the person purporting to act as the Chairman for the time being of such Meeting shali be for all purposes conclusive evidence shall judge best to carry into effect the general purposes of these presents.

And it is hereby declared that in the meantime and until the moneys arising from any such sale as last aforesaid shall be applied in the manner herein before respectively specified in that behalf the Committee of Management may (subject and without prejudice to any other direction which may be made by any such resolution of any such Annual or Extraordinary General Meeting of the Subscribers to the Charity as to the disposal thereof (invest the same and all accruing income arising therefrom and from time to time vary the investments thereof in the manner herein before authorised as regards any moneys arising from an exercise of the power of Sale and exchange first hereinbefore contained.

and Endow

Darlington,

Hospital and

Dispensary

and Endow

ments continued.

Transfer to
Official
Trustees.

And it is hereby declared that the receipts in writing of the said Trustees for the time being acting in the execution of the trusts or powers hereby created for any money to arise or stated to arise from any sale or disposition thereby authorised or otherwise payable to them by virtue of these presents shall be good and sufficient discharges for the same and that the persons to whom such receipts shall be respectively given shall not be answerable or accountable for the loss misapplication or nonapplication or be in any wise bound to see to the application of the money in such receipts respectively acknowledged to be received or to inquire into or be affected by express or implied notice as to the necessity or propriety or otherwise of any sale or other disposition made or professed to be made by virtue of these presents.

And with regard to the removal and appointment of Trustees it is hereby declared as follows (namely) Any of the present or future Trustees who may die or become bankrupt insolvent or incapacitated to act or go to reside beyond the seas or who shall by writing under his hand express his desire to be discharged from the trusts hereby created shall ipso facto cease to be a Trustee of these presents And whensoever by any of the causes hereinbefore specified, the number of the Trustees shall be reduced below three it shall be lawful for the Committee of Management for the time being by some minute approved by two-thirds at the least of the whole number of such Committee of Management present and voting at a meeting of such Committee (of the propriety and regularity of which minute, a copy thereof appearing to be signed by the person purporting to act as the Chairman of such meeting or as Chairman for the time being of such Committee shall be for all intents and purposes conclusive evidence) to appoint as Trustees for all the subsisting trusts and purposes of these presents in the place of the Trustees, who either by death or otherwise, shall have so previously ceased to be Trusteee any persons whether for the time being members of the Committee of Management or not who shall be for the time being resident within twenty miles of the said hospital and premises.

And upon every such appointment as aforesaid the trust estate moneys and premises for the time being vested in the Trustees or such of the same respectively as shall then be subject to the trusts aforesaid shall be thereupon with all convenient speed legally and effectually vested by such assurances or other acts as the circumstances of the case may require in such new Trustees either solely or jointly with the surviving or continuing Trustee or Trustees as occasion shall require upon the trusts herein declared and contained of and concerning the said trust estate moneys and premises or such of the said trusts intents and purposes as shall be then subsisting undetermined and capable of taking effect And every such new Trustee shall have all the powers and authorities of the Trustee in whose room he shall be substituted. . . In witness &c.

H. A. W. Cocks' Charity.-H. A. W. Cocks, late of Low Middleton Hall, in the county of Durham, who died 8th November 1894, by will dated 29th July 1893, and proved at Durham 8th February 1895, gave the residue of his estate for charitable purposes, and empowered his trustees (inter alia) to subsidise any existing charity. Under the terms of this bequest Mr. Cocks' trustees (Messrs. T. M. Barron and H. Ŵ. Graham) in 1896 gave 2,500l. to the Darlington Hospital for building a new wing called the Cocks Memorial Wing, and arranged to appropriate a further sum of 2,5007. for its endowment. This amount was invested by Mr. Cocks' trustees in the purchase of stocks of the North Eastern Railway Company, of which trusts were declared by them as follows:

By a Declaration of Trust dated the 11th September 1899 (enrolled in the books of the Charity Commissioners) Thomas Metcalfe Barron and Henry William Graham, the trustees of the Will of Henry Andrew William Cocks, deceased, declared that the sums of 1,058. North Eastern Railway Irredeemable Three per cent. Debenture Stock, and 8261. North Eastern Railway Four per cent. Guaranteed Stock, were proposed to be transferred by them into the name of " The Official Trustees of Charitable Funds," in order that the dividends to arise therefrom might for ever thereafter be paid or remitted by the said Official Trustees unto Charles James Coleby, Sir Theodore Fry, Bart., William Edwin Pease, John Thompson Hall, and Joseph Tait, all of Darlington, and their successors, as the local trustees of the Charity intended to be thereby created, or unto any or either of the said trustees, whose receipt should be a sufficient discharge for the same, but for their joint account and disposal, upon trust to be applied by the said trustees to the following purposes (namely): towards the maintenance and carrying out of the Cocks Memorial Wing of the Darlington Hospital at Darlington aforesaid. And it was their desire that the Charity intended to be thereby created should be called the Cocks Memorial Wing Fund.

Under the authority of Orders of the Charity Commissioners dated 17th October 1899, the above sums of 1,0587. Irredeemable Three per Cent. Debenture Stock, and 826/. Guaranteed Four per Cent. Stock, of the North Eastern Railway Company, were on the 1st and 7th November following respectively transferred to the Official Trustees of Charitable Funds.

In accordance with an authority furnished to the Official Trustees by Mr. Cocks' trustees, the dividends on the above sums of stock, amounting to 647. 158. 6d. per annum, are remitted to the treasurer of Darlington Hospital.

Mechanics' Institute.

Darlington. Attention was drawn to the above institution by the Darlington Town Council at the Mechanics' Inquiry. It appears that the institution is comprised in a conveyance dated 20th March Institute. 1858, whereby, after reciting that a building had been erected "for the use of members "of a certain institution established in Darlington for purposes of science, literature, and "the fine arts, including the promotion thereof by means of lectures, and a library and "reading-room and otherwise," the premises were conveyed under the Literary and Scientific Institutions Act, 1854, " for the purposes of the said Act, and to be applied as "a site for the Darlington Mechanics' Institution, and for no other purpose whatsoever." Under the rules and practice of the institute its benefits appear to be confined to members, except in so far as lectures are given which are open to the public. In these circumstances, and in view of the legal decisions in analogous cases, the institute appears not to be subject to the jurisdiction under the Charitable Trusts Acts, the conveyance for the purposes of the Literary and Scientific Institutions Act, 1854, not being sufficient to create a charitable trust (Re Dutton 4 Exch. Div. 54, Re Russell Institution, L.R. 1898 2 Ch. 72).

British and Foreign Training College and Practising Schools.

By indenture dated 1st June 1874, and made between the Right Hon. Philip Henry, Earl Stanhope of the first part, The Most Noble Harry George Powlett, Duke of Cleveland, K.G., of the second part, Alfred Bourne, secretary of the British and Foreign School Society, of the third part, and Alfred Backhouse, Theodore Fry, Robert Luke Howard, Robert Benson Jowitt, Thomas Sterry Norton, Arthur Pease, James Cochran Stevenson and William Whitwell, of the fourth part, reciting that it was intended to erect by public subscription on the land intended to be conveyed a building or buildings to be used as a training college for mistresses under the British and Foreign School Society, the said party of the first part with the consent of the party of the second part and in consideration of the sum of 1,6211. granted and conveyed to the parties of the fourth part, their heirs and assigns, all that piece of land situate in the township and parish of Darlington, containing by admeasurement two acres or thereabouts, bounded on the north by a new street intended to be called Trinity Street, and on the east by Vane Terrace and delineated in the plan drawn upon the now reciting indenture and the buildings thereon, together with certain rights of way as therein mentioned, to hold the same upon and for such trusts, intents and purposes, and subject to such rules, regulations and provisions for promoting the education of the labouring and manufacturing classes of society of every religious persuasion as should from time to time be resolved and declared by the subscribers for the time being to the British and Foreign School Society in a general or special general meeting assembled. And it was thereby provided that if the trustees or any of them should die or go to reside abroad or desire to be discharged or refuse or become incapable to act in the trusts, then and in every such case the committee for the time being of the said society by any resolution might elect a new trustee or new trustees in his or their place and upon every or any such appointment the number of trustees might be augmented or reduced.

By indenture dated 5th October 1895, endorsed on the foregoing indenture, George Jack Cockburn and Samuel Watson were appointed trustees of the within written indenture in the place of Alfred Backhouse, deceased, and Robert Luke Howard.

By indenture dated 5th September 1895, and made between the Right Hon. Henry De Vere Baron Barnard of the first part, the Right Hon. William Waldegrave, Earl of Selborne, and Frederick George Hilton Price, of the second part, William Alfred Spafford of the third part and Sir Theodore Fry, Bart., Samuel Watson, Robert Benson Jowitt, Thomas Sterry Norton, Arthur Pease, James Cochran Stevenson, William Whitwell and George Jack Cockburn, of the fourth part, a piece of land being part of lot No. 361 shown on the estate plan situate in Darlington, containing in the whole half an acre or thereabouts, bounded on or towards the north by Trinity Road, on or towards the south by other part of the said estate, on or towards the east by hereditaments belonging to the Darlington Training College, and on or towards the west by other part of the said estate, together with the practising school and other buildings then recently erected thereon, was conveyed to the parties thereto of the fourth part in consideration of 3507. (subject to the conditions restrictions and stipulations contained in the schedule to the indenture) upon the same trusts as are contained in the foregoing indenture dated 1st June 1874, and with a like power of appointing new trustees.