The Express.
London, England, 1852-07-29 00:00:00

Lee fallen within the 9 and 10 Vet., c. 28. We are of
opiaion. therefore, that it was meant to be comprised in the
elsu of o associations." It is perfectly true that some of
th, prasis.ons in this statute, as well as the hulk of throe
antler the former, are applicable only to partnerships cad
complicit • which have a Joint-stock capitol and credits, who
are united together with a common purpose of making
joint contracts, who fur that purpose are bound by the
agency of one another, or by that of one or more common
agents, be they direeters or officers, and who would neces-
sarily hero contributories bound by such joint con-
tract. bet though these provisions are inapplicable
generally to the cases of projectors of diffenmt com-
panies, th re may be eases in which they ur SOW
01 them are citable of being applied with advantage, en-
tirely or p irtially • end we thini it is for the Court of :hin-
t:cry to deride, which it has undoubtedly a discretion to do
(sec. 12, 11 .i 12 Viet., cap. 43) on each application, whe-
ther the particular concern is one to which it will, under
ell the eirecinstancis, be proper that the set should be ap-
pliA. Vi think this consideration affirds an answer to an
obit cline% which appeared at first sight to present a formi•
debtor dilB-ulty, that there are associations comprehended
in those which we consider to be within the Wiudiug.up
Acts, in which there would ba a great difficulty sad incon-
venience in applying the acts. At the same time, it may be
observed that there are others in which they may with con•
remit nee lw applied. We answer your lordship.' question
by stating Ili ,t the proposed ease is one tow hich the Wind,
hag-up Art• may be applied, if the court think tit, not one
to which t I a coact must apply them.

EQUITY COURTS.-YESTERDAI.
Human inm-Camumuna

Artowity CiesettAL r. Till Gt./VEIL...OU or Olt-
DI lON C111'Iltl.—&lIEIIe Vol TYR )1•1411.0 MMMMM UT
• 111 MITT.

This sui• war inetituted by the Attorney-Oeneral at the
relation of the Rev. Charles Gregory, the chaplain of Sand.
ford, against the twelve governors of the hereditament* and
goods of the church of Crediton, otherwise Kyrton, in pc-
von-hire, and against the Rev. Samuel Rowe, the vicar of
Crediton the lice. James Deans, the chaplain of Cre.liton;
the Rev. J Manly, the schoolmaster of Crediton; and the
Rev. Juliet lingo, the vicar of Esminster. The ob.
tes ts of the suit were to take on account of the past proceed-
,. of the charity estates by the twelve governor.. and to
settle • whim.. fur the future regular of the charity. In
11147, the in flier was reterred to the Master to approve of
a &chime, mud the case now rime on upon °bier
tior.* to the schemer as appeove,l of by the Master.
The important uhjectiims to the srlieme were that the pre.
sent and future repairs of the church of Creditors were to
he charged on and paid out of the charity estate, whereas
the eel clore contended that the repairs ought to be paid by
means of a church rate levied noon the inhatetsots. The
effect of talon: the money for the repairs, which at the pre-
sent time sr set,' maeunt to 4,001 ff., would be to allude the
plaintiff and the rest of the dug, under the establishment
from any increase of stipend or additional benefit from the
proposed ere. me ; and, secondly, that the Master, in order
to deprive the clergy of any advantage from the scheme,
had placed their nominal increase in the fourth
part of the tint schedule, and alter a number
of other items, such as the charzes rind expenses
for the rate., titres, outgoiuge, insurance, ordinary repairs.
cleansing. lighting, organist, w Mersa it w.• contended
that them. charges ought not to have been given priority
over the stiecads provided for the clergy as to the founds.
Lion of the charity. It appeared that in the reign of King
Henry VIII. there existed in Crediton an ancient college,
and by the statute 27 Henry VIII. the said college and its
property was vested in the Knit, and &charter was afterwards
granted by King Edward VI. to twelve lay inhabitants of
the parish of Crediton, giving to them in trust the tithes of
serails I .c.I in Crediton. His tLejesty by such charter or.
dallied and declared that the said church of the late
College of ('rediton thenceforth should be the pariah
than of Cretliton. With reference to Om arra.
meat for • chants-rate to be raised in the parish of
Crediton for the repair of the church ; it was contended
that the re ought not to be a church fete, ant, because Cre-
ditoo was • collegiate church, and collegiate churches were
always maiutaleed out of the property belonging to the
churches and, secondly, that as ro rate had ever been
made, it would be very unpopular in the perish. On the
other band it was contended that by the charter of Edward
VI. the church was made a ;oafish church, and therefore
the rep sin of the nave of the church or that part
which was occupied by the parishioners, ought to be
paid for out of • church rate, although the chancel
ought to be maintained from the fuses of the cha-
rity. There were other questions raised with respect to
tlst application of the funds towards the schoolmaster and
school attached to the charity, and the fund. fur providing
for certain almoner's and other matters which were not in
dispute, further than it was contended they ought to have
been posterior to the Unnamed salaries of the clergy.
Mr. Wiileock and Mr. Coleridge, Mr. Stuart, Mr. Kers-
lake, Mr. Kenyon Parker, Mr. Freeling, Mr. Bally, and
Mr Mae in. appeared for the different clergy of the
churches and chapels in the parish ; and Mr. Bethell, Mr.
Folk tt. Mr. Matins, Mr. Dickenson, Mr. Kinglike, and
Mr. Pnewett, in support of the Maater's report.
Mr. James was for the Attorney-General.
The Vice. Chancellor said there were two questions which
arose upon this scheme—the principal question was, whe-
ther the repairs of the chunk at Creditoa other than the
repairs of the chancel, which the rector was hound to =abs-
tain, were to be paid out of the fends of tLe charity, or
whether there was to be • church rate levied epos the in-
habitants for such repairs. The other question was,,mhie-
thee the court ought to adopt the scheme which the aster
bail approved of with reference to the mime details
of caresses and salaries to be provided for out
of the charity. Upon the first question there
was coati& fable di/Seeley, from the fact tl at
there had sow bees a user of above 300 years, during
which time no church rate had ever been raised for the
spur of the church. His Honour's opiaioa was, after all
the able arguments which had been urged, that be ought
sot to declare that there should be a church rate, but that
the repairs should be effected out of the funds of the chari y.
There was no doubt that originally this church was • collo-
elate church, and as melt ought to have been repaired out
of the funds of the charity, but it was said that it had be-
come a pariah church under the charter of Edward VI.,
and therefore that the paints wen bound to repair it. In
his opinion there was sothiag to show that the chards ever
had become a parish church ; at say rate, the mastkis for
many hundred year. bad been that the church should le re-
paired oat of the funds of the charity, and he enalblesel
that the long usage could set be displaced wittiest NMI
stronger reason, than had been urged, and es this
he should certainly confirm the Master's rt-
joked that he was able to Come to this es. the be
felt certain that if, after so many years, the padikases
were now to be told that there must be • cherub le* as
greatest dissatisfaction would be caused in the pad* gad
wry likely the present clergymen who had raised the ob-
Jenson would excite an amount of ill feeling, that would be
lamentable to reflect upon. The second queetita win as to
the details of expenditure, and the objection Weed won that
the increased allowances to the clergy, in ease there was
any increase in the tenth, were made subject to various
other charges which were ranked before them. Now, in
the first place it appeared that the sum to be allowed to the
vicar of Credits. was 4001. per annum, besides a house and
certain fees. To the vicar of Exminster there wan to be
2601., besides a house and fees. To the other clergymen
there were same about equal to these. Now he was of
opinion that out of this charity, the principal object of
chick seemed to be the support of the clergy very
handsome and liberal allowances should he math to the
clergy ; but, lathe present state of the church, he certainly
thought that these rams were very liberal. Then came the
Items which were placed after the income' of the clergy.
There wee, Ant of all, the school. To the schoolmaster
there was a sum of 1001., besides an allow-
ance of three pounds for each boy beyond forty-
seven by way of head-money ; and it was calculated that
his income would amount to 2.50/. per annum; besides
which he rpm allowed to take boarders, from whom be
might expect to derive further advantages, if he wee able to
improve the school. He considered this a very fair allow-
ance. The sums proposed by the scheme for four Queen
Elisabeth's *choler, and four almsmen also appeared to be
liberal and proper. Then followed an allowance of 1001.
for an usher, 20!. for rent of • play ground, 20!. for poises
101. for an examiner, and three exhibitions at 601. sash.
With regard to this last item, he at tint thought that for a
a all school three exhibitions would be two meal=
when he sionsidered that there would be only one election
per annum, he felt that there could not be lees, in Orden to
make a good school. After this, there cane various sense for
almseen, and parochial schools, all of which were very de-
airable. After all them were provided for, there came a
fourth schedule, under which the clergy of the differeat
chapels in the parish were to receive an increase of 1001.
per annum in ease the funds of the charity should be sue-
amt. Now his Honour did not suppose, from what had
been stated, that there would be any increase in the &ode
to enable these same to be paid, but he considered that,
alter the liberal allowances in the first schedule, it
right that any increase of income to the be
postponed to the permeate comprised whist% previous
athedules. trader these circumstances, be saw no reason
for varying the scheme as to this matter. It was pia
Bible that is mss or two items of the report
he might have differed slightly from the Master ;
but it was evident that the Master had spent a
peat deal of time sad labour upon this report, and had
used the best pulguseat. The report had occupied many
months, be might almost say years, in preparation, and
several able causal had assisted in t e preparation of the
scheme, which was deserving of great praise. He could
not urdertake, therefore, to my that there was anything
which could be improved, and his opiaion was, that the re-
port should be confirmed, and the eats of all parties mast
be allowed out of the funds.