The Express.
London, England, 1848-12-07 00:00:00

CLERICAL.

Pazirnainorra. Rev. W. W. Dickinson, to Playford,
P.Q. Suff., die. Nom.; MI wont by death of the Rev. T. W.
West; pat., limp& a Brad.—Rev. D. A. Beaufort, to the Isti-
cendlarLeursey of Itostltsiss, dio.Ches.—Wir. J. Yebtraite, to
Shropshire. die. Herf. ; lett ; pat., Z. P. Acton, Bea.—
Bow;13. Wilford, to All Saints C., Bristol (pro telosp).—BAT. J. Brans,
to Tedious" C., Breclunekshire.
Vacano.—Norley, P.C., dio. and county Ches., by mtg.
nation of.Rov. W. Maid= ; patron, E. Woodhouse, Esq.

was to appoint see of his echelon to teach all infants the
should MUM them W learn their ABC till they began ft
grasraler, sad se labeler or infant, of whatever county or
shire, to be abed admission to the echoed; and
there were to be exhibitions to Oxford and Cam-
dge, as afterwards provided. The surplus re-
ven
ue to accumulate, sad to be applied towards founding .
exhibitions of scholars yearly at the universities at the die- ,
erotical of the warden and high mister for the time being.
Provision was also made for the revision of the acts and
*Miasmas of the school if occasion should require. It ap-
peared that in process of time the value of the property this
secured to the charity became greatly increased in value ;
the masters' salaries were condequently raised, and twelve
exhibitions of 601. each were founded, in addition to which
a large surplus wee accumulated, which amounted in the
year 1832 to the sum of 120.0001. three per cent stock. I.
1832 a petition was presented by the treaties of the school
under Sir Samuel Romilly'e Act for a reference to the
master to settle a new scheme for the management of the
school. A scheme was shortly afterwards settled by the
master, which provided for gratuitous instruction to the
echelon in writing, mathematics, arithmetic, natural philoo
sophy, and modern languages, and 10.0001. was set apart
out of the accumulations for rebuilding a portion of
the house and enlarging the premises, and under
this scheme the masters were allowed to take a limited
number of boarders. The exhibitions were continued, and
to be open to boarders as well as free achelars--premiumf
were directed to be awarded to the scholars for good conduct,
and the master's salaries were augmented. This report was
confirmed, and the scheme in the course of performance,
when the present information was filed by several of the in-
habitants of the town of Manchester, comttlaining that the
new scheme was inconsistent with the design of the founder
of the charity, and was not suited to the wants of the town.
That the charity was originally intended fur persons of the
poorer clunwho were unable to pay far the education of their
children, but that it had been adapted almost exclusively for
the wealthier clams That the masters bad, for &longtime,
been in the habit of taking boarders at 401. per annum, and
that this system was contrary to the intention of the
charity, and was serions:y o; posed to the interests
of the free scholar,, since a portion of the funds of the cha-
rity were to be applied in enlarging the school house, for the
express purpose of enabling the masters to receive a greater
number of boarders. The information came on for hearing
before the present Lord Chancellor in 1840, and a dans was
made referring it to the muter to approve of a scheme. His
lordship at the same time expressing his opinion that the
menus' salaries ought not to be increased, that the sum set
&pert for incensing the sire of the school-house was exces-
sive, and that the boarders ought not to be allowed to parti-
cipate in the exhibitions of the school. The trustees subse-
quently presented a petition of rehearing before Lord Lynd-
hurst, who confirmed the decree of Lord Cottenbam upon
the principal points, but reserved his decision upon the ques-
tion of whether boarders ought to be allowed to participate
in the exhibitions until a further inquiry should have
been made by the master ; at the same time Lord Lyndhurst
expressed a strong opinion in favour of the masters being
allowed to take boarders, but directed an inquiry as to what
restrictions and limitations should be adopted with regard to
boarders. The case now comes on upon the master's report
By that rep ert it appeared that there were at present about
380 boys in the school. The report approved of there being
four classical and one mathematical master. The relators
peopoped, in opposition to the report, to dispense with the
iestliemadeal muter, and that his duties should be performed
by the other masters. The scheme next approved of an ex-
penditure of 2001. for instruction in the arts and sciences.
This it was proposed by the relators to dispense with. The
scheme then provided for the payment of 60 guineas to the
examiners. This item it was proposed to reduce to 30
guineas. The relators also proposed some alters-
don in the management of the property of the
charity, by which a further saving might be effected. It
was also proposed to effect en important alteration in the
election of trustees to the school. Hitherto :bey had been
selected from persons of the highest rank in the country, who
were not able to give proper attention to the interests of the
charity ; but the relators proposed that the original inten-
tion of the founder should be carried out, and that the
trustees should be selected from persons evident in the town
of Manchester, who would be always on the spot, and better
able to attend to the regulations of the school ; but the prin-
cipal objection to the scheme proposed was as to allowing the
masters to take boarders. Upon this subject it was con-
tended by the relators that it was contrary to the intention
of the charity that any money should be received from
the scholars. The masters were to teach without fee of any
kind, and to instruct all the pupils indifferently and without
partiality. Now it was impossible that such should be the
ease if boarders were allowed, since the masters would
naturally show more favour to those who paid for their edu-
cation than to the free scholars ; and it was further objected
most strongly that any boarders taken by the masters should
be allowed to participate in the advantage' of the exhibitions
founded for the benefit of the school. When the ease was
heard before Lord Cottenbam in 1840, his lordship distinctly
stated that his opinion was adverse to the boarders being
allowed this advantage, and it was evident that such a
course must be contrary to the intentions of the foundei.
Mr. Bethell, Mr. Bacon, and Mr. Malins appeared for
the relators, and urged the court to adopt their propositions.
The case of the 't Attorney-General te. The Boil of Devon,"
was referred to, which related to a proposed alteration intim
imasgement of the Tiverton school. In that case a question
Ivry much resembling this had been raised, and the Vice-
Chancellor had decided that boarders were to be excluded
oo the principle that the masters were prohibited from re-
ceiving any fees from the scholars. The only guide for the
charity was the original instrument under which the school
wu founded, and it was clear that the object of the founder
was :o provide for poor boys who could not otherwise obtain
an a ducatine.
The Solicitor-General appeared for the crown, and con-
curred in the general view taken by the relators, but ex-
pressed no opinion as to the propriety of the master's being
allowed to take boarders, so long as such boarders were pro-
hibited from participating in the exhibitions provided under
the charity.—The case on behalf of the trustees of the school
has not yet been concluded.

Beim Vim-Chancellor Haight Bruce.
BITTLESTONE O. NUYES.—Bx PARTE BITTLESTONE, RI
SHALL: AUTHORITY OF MESSENGER UNDER FUT.—.
This case came on upon a motion in a Chancery snit for an
injunction, and upon a petition in bankruptcy. The bank-
rupt's father (the testator in the cause) was a Mr. Samuel
Smell, who :kept wine and spirit vaults at the corner of the
Poultry, in the town of Nottingham. His widow became
his sole legal personal representative, and married twios
after his death, her third husband being the defendant, Mr.
Noyes. For some time Mr. and Mrs. Noyes carried on the
business, but at length they disposed of it to the bankrupt,
taking from him a warrant of attorney for the purchase
money. Before the issuing of the fiat Mr. Noyes
obtained judgment and execution upon the warrant
of attorney, and resumed possession of the pre.
noises and the counuct of the business. He they
sued out the flat against the bankrupt. Under the flat
the messenger was, at the instance of a creditor, sent into
reion. The motion was for an injunction to restrain
lloyes from interfering with the testator's effects, and
from carrying en the business, and the object of the petition
was to have Mr. Noyes committed for contempt of court in
violently removing the messenger from the premises. The
evidence was conflicting; Mr. Noyes, however, admitting by
his effidavit that, on being asked by the messenger whether,
lithe latter did not retire, Mr. Noyes would push him out,
Mr. Noyes had said be should do se.—Mr. Noyes deposed
that the messenger and hie assistants had conducted them-
selves with much impropriety.—Mr. Russell and Mr.
Rogers supported the motion and petition ; Mr. Bacon
mai Mr. Osborne appeared for Mr. Noyes ; and Mr. Wig-
ram sad Mr. Willcock for Mr. Noyes' solicitor, whom it was
eoeght by the petition also to commit for interfering with
the messenger.—The Vice-Chancellor said that if the trans-
action between Mr. Noyes and his son-in-law were of a sus-
*dons nature, and if some part of the conduct of the re-
spondents, with respect to the officer of the court, were
deficient in prudence or strict propriety, still the presenta-
tion of such a petition as this by the assignees was wholly
without justification ; and that without contravening any-
thing that had been laid down in Page's case (17 Vesey, 69),
as to the consequences of interfering with the messenger, the
court might and ought, in propriety and justice, to disinhe
the petition, with costs. Upon the motion, his Honour re-
ferred it to the master, to appoint a receiver, with liberty to
Mr. Noyes to 'mopes' himself. During the argument, hie
Honour remarked that the intrusion of the messenger upon
premises not belonging to the bankrupt, without any seams
warrant, seemed quite improper and unjustifiable.

COURT OF COMMON PLEAS-TUESDAY.