The Express.
London, England, 1852-01-21 00:00:00

lab) iintelligence.

BQUITT COURTS.—YurreaDAT.
Baran TlvaCamawuaa MUMS.

IN Till MATIRR or SIR JOHMPOKTR'S lIObPITAL.

The Solicitor-General was bend in reply in this cue.
His llonour said—The petition in this case prays that It
may be referred to the Muter to approve a proper scheme
for extending and regulating the charity, and increasing
the member of free scholars, and that it may be declared
that*, school should be thrown open to boy., without re-
-616/111 to the place of their residence, and that in fettling
the scheme the Master may have regard to the provisions !
of the act of parliament passed in the year 1821 ; that it
may be declared that the whole of the estates are held
urea trust for chat itable purposes ; that the present appli-
cation of the surplus revenue may be discontinued after the
lives of the present incumbents; that all proper proceedings
may be taken for the purpose of obtaining • repeal of so
much of the charter as authorises the present application
of the surplus, and that that surplus may he applied in ex-
tending the ehvity ; that application may be made to par-
liament fur the rep al of so much of the present act as may
be necessary fur effeetiug the alterations now required;
that it may be declared that the vicarage of Wiliington
should be sold, and the proceeds applied to the purposes of
the charity ; and that an account may lie taken of the
money resulting from the sales of the property which
has been sold, and that all proper directions may
he given for effectuating the several platoon, s aforesaid
This petition therefore proposes very extensive relief, part
of which is to be carried into effect by means of an act of
parliament, applied fur and obtained through the interven-
tion of this court. In dealing with the Kidderminster ease,
in which it was sought to alter a scheme which hail been
settled by this court in the presence of the Attorney-Oene•
nil, on the ground that it hail not been found so beneficial
as was expected, I stated that, in my opinion, it was compe-
tent to the court to alter its own scheme on the application
of the Attorney-Oeneral, who must he considered as repre-
sentiag all the objects of the charity. But I also stated my
clear opinion that the court must entertain such applications
with very great caution, otherwise every charity might lie
subjected to constant fluctuations, ant no management
could rest on any settled basis. That doctrine I entirely ad-
here to. I think, moreover, the court hall jurisdiction to
direct application for the repeal of an act of parliament ; but
this power is not to be acted on except a clear case is made
out, and that great benefit must accrue to the charity. The
present act, which was passed in 11e24, after reciting the
will of Sir John Porte, and that the income of the charity
had increased, and that in consequence thereof larger eate-
ries than these appointed by the chatter had for some
years past be en paid to the muter echoolnaneter,
and ushers; and that the number of the poor men and
poor scholars had for some years exceeded that limited by
the charter, and the allowances paid to them also elm ded
those allowed by the charter; and that • medical attendant
had been appointed, and was paid a salary out of the
revenues of the charity; and that two exhibitions of 501.
each were given to two of the poor scholars going to the
university; and that it was deemed exiiedieut that
the salaries and allowances then paid should be
confirmed, and that the governors should be empowered
to appoint a certain additional number of poor men and
poor scholars to participate in the benefit of the charity,
and to fix allowance's for those so appointed, and to appoint
• medical attendant and to grant exhibitions, and to allow
all future schoolir :men and ushers ti hold livings ; enacts
that the masters, poor men, and poor scholars, should re-
ceive such share or proportion of the surplus revenues, after
payment of all expenses, as they respectively received and
enjoyed at the time of the pining of the act, and that so
much of said surplus as should remain after such payments,
together with the annual sums thereinafter directed to be
deducted from the shares of all future masters and others,
should form a food for the purposes thereinafter expressed.
That section, therefore, continues the salaries to the then
masters and others which they were entitled to at that time.
But, although parliament thought it fair to continue the sala-
✓ies to the then holden., it provided t hat f future masters should
not receive so much, and accordingly it is mon :cel by
tad section that when the then master, schoolmaster, or
other object of the di irity, should die or be removed, the
person who should hdld the office vacated should receive
and enjoy the same share or proportion of the surplus reve-
nues which he should ho entitled to under the charter or
schedule thereto, but subject to the reduction mentioned in
the act. This section is very obscurely worded, but I think
it becomes clear if we consider the word he" as applying
out to the incoming but to the outgoing master. The 4th
section provided for payment of retiring pensions ; the 9th
fur the appointment of a medical attendant ; the 10th for
the appointment by the heirs of the governors, when the
funds of the charity shall admit of their so doing, of addi-
tional poor men and poor scholar., who should receive such
sums as the governors should think proper. The act further
presides for the payment of exhibitions, and the 28th sec-
tion provided that if there should be any surplus at any time
after providing for the purposes of the charity according to
the charter and the act, it should be applied and disposed of
in such manner, upon petition presented to the Court
of Chancery in • summary way by the governors
fur the time being, as should appear to the court
to los conducive to the interests of the charity.
The most important point, therefore, is whether that part
of the prayer of the petition, which is for leave to
apply to parliament, can be entertained; for, unless the
payments authorised by that act are discuntineed, there is
mu surplus to which • new scheme can be applied, for the
es Me nes shows that the present allowance swallow up the
whole revenues. What evidence, then, is there to induce
me to send a reference to the Muter to inquire into the
propriety of applying to parliament. i (heal find any, ex-
cept that us the face of the act itself and the affidavit of
Mr. Briggs. I desire not to cast any reflection upon that
gentleman; my duty is to consider nothing but what is for
the benefit of the charity. I find no evidence, therefore,
except this, that in the opinion of Mr. Briggs
these matters required alteration. In saying. there-
/bre, that I decline to act on the opinion of Mr. Briggs, I
Merely put his opinion on a level with my own—l
&meld decline to act on my own private opi-
nion of what was really the best scheme. I required
he be satisfied that on the facts of the cam it is clear that
benefit must accrue to the charity from the alterations pro-
posed. The first thing to be considered is the income mad
eapenditure of the charity. That appears upon the affidavit
of
the master of the hospital, who puts the income at
10104 sad sets out items of payment amounting to 1,9:M1.
rails up MI r of the hospital, 1801.; muter
sr sehook 7001.; first usher, 1801.; second usher, 1501. •
writing master, 382 ; allowances to poor scholars, at 461.
and 491. each, 3401. ; allowances to poor men, porter, and
nerve in the hospital, 5.54.1 f.; medical attendant, 12 guineas ;
exhibition, 501.; auditor's fee, Ifil guineas • mat of house
for usher, 301.1 and seputure under Ward's gift.,
W. The gasetioa is, whether these payments are
so eseessive es to laden the mart to sanc.
Sea a repeal of the est of perliam
which they shoat all are made. Is estimatingwhether the
'Mazy paid to the head water, UM. per annum,is excessive,
we nimet consider what woe the meant of the charity in-
sane at the time of the shorter, and what was the salary
then paid, and it will be tad that they bear almost ex-
actly the mine proportiaa to ems another as the present
Mistime and salary do. Ido alit mesa to say that this test
will always apply ; but it apposes to be that upon which
parliament acted in the present are. But independent of
any question of relative amounts I do not think XIX is too
mach; the intention of the testiest must be first considered,
that intention was that this should be a grammar school,
and if it is to be kept up as such, it must
be kept up in the best manner, for if it be not, it will soon
some to nothing; first the boarders will be withdrawn,
and the effect of that upon the school is always most detri,
mental, tor if the friends of the free boys see that them
who can elect where they will send their boys, consider a
school as not a fit place for them, they will of course be-
come dissatisfied and withdraw their boys also. I think,
therefore, that this money is well laid out, and is net an
excessive salary. The same observations will apply to the
other saline* and allowances ' • but it is said that with re-
spect to the writing master's salary, that must be disallowed
altogether, because the charter expressly provides that the
second usher shall teeth writing ; but I think this
salary is • wise one. It is clear the charter did not intend
that the second usher should teach writing and accounts
alone, otherwise so high a salary would not have been al-
lotted to him. lie was intended, therefore, to teach both
writing sad clerics; but it is very well known that in the
&la=day these two characters are quite incompatible.
who is capable of teaching classics can lints well
:Zirlt, teach writiog unless things are very much al-
isisses my day. This, therefore, is not such a missp-
rraelt the hada as will induce the court to interfere.
therahms, Iliabatuft the whole of the item', and, in
fact, the whale Wane, for the masters affidavit shows
that all the rut is taken up in management and repairs,
and the aemants set out show that, one year with
another, there is no surplus. But then it is said
look how small • number of boys are educated
here for the money. I think numbers have nothing
to do with this matter. This court must keep the school
up to what the testator's will required. I think therefore
no case has been made out for an application to parliament.
But, then, it is silted that provision should be made for
the application of the surplus; but there is nothing to show
me that there is any at present, and I don't think it is the
business of this court to deal with • prospective surplus.
considering how rapid the changes are in the times in
which we live, I think it would be most unwise to attempt
anything of the sort. The next gaieties le the limitation
of the area from which the free boys are to come, arising
from the regulations of the governors. I don't think the
provision in the testator's will, that the school should be kept
EtwaU or Itipton is conclusive on the point that the in-
habitants of them placer are to hen the sole benefit. At all
events, I don't think that that fact would prevent this
court from extending the benefit to others if the charity
can be made available. I think, the refute, that this limita-
tion very seriously deserves the consideration of the se-
venties, and lam of opiuin that they will do well to
extend the area But the question is whether lam to
entertain the petition on that single ground when all the
others fail. Now it is clear that that was not
the original object which the petitioners had in
coming to the court, because no application was
even made to the governors to rescind that regulation;
and I have doubted whether I ought to direct the petition
to stand over in order that the governors may state their
views on that point, or whether I ought to diepom of it at
once ; but, looking at the errors in this petition—that there
is no one thing connected with the administration of the
charity which is not made the subject of complaint ; that
it brings forward the most unwarrantable charges, and im-
putes to the Muter the grossest motives, which are utterly
unfounded, and to which, if the court SllOlll4 eve any
countenance, it would ill discharge its duty—l allude
more particularly to the motive which is imputed with re-
spell to the agreement with Mr. Jervis-I think I shall
beet enlarge my duty by dimming the petition, sad with