Hospital Warwick.

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BILL

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Confirm a Scheme of the Charity Commissioners A.D. 1926.
for the application or management of the
Charity called the Hospital of Robert Earl of
Leicester in Warwick in the County of Warwick.

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HEREAS the Charity Commissioners in their report to His Majesty of their proceedings during the year one thousand nine hundred and twenty-five reported that they had approved and certified a Scheme 5 for the application or management of the Charity called the Hospital of Robert Earl of Leicester in Warwick in the county of Warwick:

And whereas it is expedient that the Scheme as the same is fully set out and defined in the schedule to this 10 Act should be confirmed:

Be it therefore enacted by the King'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 15 as follows:

1. The said scheme is hereby confirmed Provided Confirmaalways that nothing in this Act or in the said Scheme tion of shall be held to interfere with the ordinary jurisdiction Scheme. over endowed charities now exerciseable or hereafter 20 to become exerciseable by the High Court of Justice and the Charity Commissioners.

2. This Act may be cited as the Robert Earl of Short title. Leicester's Hospital Charity Scheme Confirmation Act

1926.

A.D. 1926.

Hospital Warwick.

SCHEDULE.

Scheme for the application or management of the Charity called the Hospital of Robert Earl of Leicester in Warwick in the County of Warwick.

1. In this Scheme unless the context otherwise requires 5
the following expressions shall have the following meanings:-
The expression "the Hospital" shall mean the above-
mentioned Hospital;

The expression "the said Deed" shall mean a Deed Poll
for the foundation and regulation of the Hospital 10
dated 21st November 1585 (28th Elizabeth) and under
the hand and seal of Robert Earl of Leicester;

The expression "the Statutes " shall mean the Ordinances
Statutes and Rules made by Robert Earl of Leicester
on the 26th November 1585 (28th Elizabeth) for the 15
Order and Government of the Hospital in the Town
of Warwick called the Hospital of Robert Earl of
Leicester in Warwick;

The expression "the Act of 1813" shall mean the Act of
Parliament 53 Geo. III. c. 213 entitled an Act for 20
altering the Rules Statutes and Ordinances of the
Hospital of Robert Earl of Leicester in Warwick and
for enabling the Master and Brethren of the said Hospital
to raise Money on the Security of the Estates thereof
in order to provide for the reception of additional 25
Brethren therein;

The expression "the Controllers" shall mean the Bishop of
Worcester the Recorder of Coventry and the Recorder
of Warwick for the time being.

2. As from the date of this Scheme the Bishop of Worcester 30 the Dean of Worcester and the Archdeacon of Worcester for the time being or any two of them shall cease to be Visitors of the Hospital and the Bishop of Coventry for the time being shall be the Visitor of the Hospital and shall exercise the powers and perform the duties conferred or imposed on the Visitors by the 35 Statutes or the Act of 1813.

3. As from the date of this Scheme the power of granting licence to the Master of the Hospital to be absent from the Hospital which power is by clause 31 of the Statutes conferred on the Controllers or any two of them shall be exercised by the 40 Bishop of Coventry for the time being.

Hospital Warwick.

4. As from the date of this Scheme the powers and duties A.D. 1926. (other than and except the power mentioned in the last preceding clause hereof) which are conferred or imposed on the Controllers or any two of them by the said Deed the Statutes 5 the Act of 1813 or any of them shall be exercised and performed by the Bishop of Coventry the Recorder of Warwick and the Archdeacon of Warwick for the time being or any two of them in the same manner as if in all places in the said Deed the Statutes and the Act of 1813 in which the Controllers are mentioned the 10 Bishop of Coventry for the time being had been named in place of the Bishop of Worcester for the time being and the Archdeacon of Warwick for the time being had been named in place of the Recorder of Coventry for the time being.

5. The Master and Brethren of the Hospital may set apart 15 and let in allotments in the manner prescribed by and subject to the provisions of the Allotments Extension Act 1882 any portion of the land belonging to the Hospital other than buildings and the appurtenances of buildings.

6. The Charity Commissioners may from time to time in the 20 exercise of their ordinary jurisdiction establish Schemes for the alteration of any of the provisions of this Scheme or of the Act of 1813 as if those provisions had been made by a Founder in the case of a charity having a Founder.

7. Any question as to the construction of this Scheme or as 25 to the regularity or the validity of any acts done or about to be done under this Scheme shall be determined conclusively by the Charity Commissioners upon such application made to them for the purpose as they think sufficient.

8. The date of this Scheme shall be the date of the Act of 30 Parliament confirming the same.

MEMORANDUM.

This Bill leaves undisturbed the provisions of the Bill of Rights and the Act of Settlement which preserve the succession of the Crown in the Protestant line, does not enable a Roman Catholic to become Lord Chancellor, and does not entitle a Roman Catholic to present to a benefice of the Church of England, but repeals the following Acts or parts of Acts which impose disabilities on Roman Catholic citizens :

3 & 4 Edw. VI. Cap. 10 (1549) forbids books of Roman Catholic ritual ever to be kept in this

realm.'

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1 Eliz. Cap. 24 (1559) (The Religious Houses
Act, 1559) characterises religious orders as
superstitious," and therefore any disposition
or trust for the benefit of such orders is liable
to be declared void as for a superstitious use."
1 Geo. I. St. 2, Cap. 50 (1715) characterises property
given to any Abbey or Convent as given for a
"popish or superstitious use," and any such
gift is liable therefore to be declared void.
11 Geo. II., Cap. 17 (1737): Section 5 prevents the
Roman Catholic owner of an estate from leaving
by will any advowson (even when appurtenant
to his estate) to any of his family and from
giving it either to a Protestant or Roman
Catholic during his lifetime.

N.B. The repeal of this section will not affect the right of presentation which passes to one of the Universities while the advowson is in Roman Catholic ownership.

31 Geo. III., Cap. 32 (1791) (The Roman Catholic Relief Act, 1791): Section 11 excludes from the benefit of the Act any priest who officiates in any place of worship with a bell and steeple or officiates at any funeral or exercises the rites of the Roman Catholic religion or wears the habits of his Order not within a Roman Catholic church or private house.