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Church, and of his grave and monument at Nunhead Cemetery, or for the
annual sermon—all of which are prescribed by the Will.
7. The Scheme is in effect a diversion of tne funds for the benefit of
the Bolingbroke Hospital, and is contrary to the directions of the Testator.
It has not been shown—and in our opinion it cannot be shown—that it is
not possible to apply the Funds in the way in which the Testator has
directed them to be applied, and the Scheme is therefore wrong in law.
8. We have had an opportunity of considering a Scheme for the
administration of the Charity which was submitted to the Charity Commissioners
by the present Committee of Management in January last,
which proposes to establish a Dispensary, Nurses' Home, and two small
Casualty Wards, on the site of Mr. Weir's house, The Hawthorns, Grove
Road, Balham, and includes a provis on for the maintenance in convalescent
homes in the country, or at the seaside, of inhabitants of Streatham
and the neighbourhood, including local patients discharged from general
hospitals, who may be certified for such treatment by the Weir Dispensary
Medical Officers. We approve of this Scheme, but we suggest that, in
addition, an ambulance or ambulances should be provided at The Hawthorns,
as proposed by the draft Scheme of the Charity Commissioners.
The Committee of Management suggest, further, that by the accumulation
of unexpended income a similar institution should at a future time be
established in the southern part of Streatham. We also approve of this
suggestion.
9. We recommend :—
(a) That the Council suggest that the draft Scheme be amended
by incorporating in it the above-mentioned proposals of the
Committee of Management of January last, and by leaving
out all reference to the Bolingbroke Hospital; and by
providing
(b) That the control and management of the Charity should be in
accordance with the directions contained in the Will.
(c) That it be referred to us to consider any further action which
may be taken by the Charity Commissioners in the matter,
and to recommend the taking of any such proceedings by the
Council as we may be advised are necessary in opposing the
Scheme of the Charity Commissioners and to secure the
carrying into effect of the foregoing recommendations.
15. A copy of the foregoing report was forwarded to the
Charity Commissioners, as the objections and suggestions of the
Council upon the draft Scheme.
16. In December, the Charity Commissioners having published
their Scheme for the administration of the Charity in substantially
the same form as drafted, the Council applied to the
Commissioners for authority to present a petition to the High