The Sun.
London, England, 1849-01-11 00:00:00

JUDGMENT.

His IloNona gave judgment this morning in this case,
which was argued before him for several days in Decein •
ber last. Our readers will recollect, from the statements
we gave on the hearing of the case, that the cause came
before the Court upon an information filed by the Attor-
ney-General, at the relation of several inhabitants of the
town of Manchester, against the trustees, heed-master,
and usher of the " Free ,Grammar School of Manches-
ter," praying for an account and a reference to the bias •
ter of the Court, to settle a scheme for the future ma-
nagement of the charity, having regard to the alteration
which had taken place in the circumstances of the town
since the foundation of the school; fur the appointment
of new trustees in the stead of those now made de-
fendants, on the ground that they were not qualified
under the terms of the deed creating the charity.
The charity was founded by Hugh Oldham, Bishop
of Exeter, and the deed bore date in the 16th year
of Henry VIII., the Lord Bishop having, at his
own cost and charge, built within the town of
Manchester a house adjoining to the College of Man-
cheater for a free school, there to be kept for ever, and
to be called "The Manchester School." He had also,
at his own expense, purchased other premises, which he
had conveyed, together with the said school-house, to
Hugh Bexwycke and Joan Bexwycke and their heirs,
"to be disposed and convi rted to and for the continu-
ance of the teaching and learning to be had and taught
in the same school." It was witnessed also th .t Hugh
and Joan Bexwycke grunted the said premises and others
described, " to twelve persons therein named, and their
heirs for ever, to the use and intent that they should per-
form, fulfil, and observe all the acts, ordinances, provi-
sions, and constitutions contained in the schedule thereto
annexed." The schedule then provided fur the appoint-
ment and payment of a high master and usher, who
should teach freely and indifferently every child and
scholar coming to the school, without any money or other
reward except only their stipends, 101. fur the high
master, and 51. a year for the usher. It was next pro-
vided, that after the surplus revenue of the charity bad
accumulated to 20Z, the annual surplus was to be given
to the exhibition of scholars yearly at Oxford and Cam•
bridge, who had been taught in the school, so that no
scholar should have yearly above 265. Bd. It was also
provided that future vacancies in the number of the
trustees should be filled up " from among honestgentle-
men and honest persons of the parish of Manchester."
In the course of time, the revenues of the charity having
greatly increased, the salaries of the masters were raised;
twelve exhibitions of 60/. each were instituted, and the
remaking surplus was invested and accumulated In m
time to time. In 1832, these accumulations, amountin,
to one hundred and twenty-nine thousand pound's
in the Three per Cents., an order was obtained on
petition under Sir Samuel lionailly's Act, the 52d, Geo.
111., chap. 101, tor a reterence to the master to settle
a scheme for the future management of the charity.
The masters had been permitted for many years to take
boarders, and the respective salaries ol high master,
Usher, and two assistants, had been increased to 500/.,
250/., 1701, and 135 L, the number 01 scholars being 200.
The income of the charity had increased to 4,500/., leav-
ing a surplus of 2 8004, after all expenses. The Master's
scheme provided for certain extra tuition, and the sum
of 10,0110/. was set apart for rebuilding the high master's
house, and other improvements, all out of the surplus
fund. The system of boarders was also sanctioned, and
boys from six to twenty years of age were made eligible
to rt main at the school. The masters' salaries were
also increased, the exhibitions were continued, and the
boarders as free scholars were allowed to participate in
nem- In 1835 the information was filed, seeking to
rugn the scheme of the master as above stated, on
ground that the Attorney-General was no party to
" and that the trustees not being residents in Munches.
ter
re ineligible to fill the office. The informa-
tionw also objected to the manner in which tlie school
41,sa carried on, as being quite subversive of the nature
" Free Grammar-school." It objected also to the
aititacEn Loarders, as being at variance with the terms
deed and the intentions of the founder, and it ob-
ieted t 0 the is.
immense oil; Jay expended in rebuilding the
Inftster's liedhouse, &c. In their answer the defendants re-
Pre Pl.'ne'Pally upon long usage having recognised the
Lord BYstem. The
1840,eas was argued before trio present
th hancellor in who gave it as his opinion
:at all children of an age to be capable of instruction
',ere to
also
of be admitted to the ached. llis Lordship was
in opinion that the boarders should not participate
exhibitions, and that they should nor, derive be-
IniThltnbaeny way by which the expenditure of the charity
the till increased, but tits Lordship did not think that
the St, es should be ramoved. A decree was made to
Lorr,"o appeal, and the matter being reheard bet', re
fe_ 'll-4yridliurst, the decree was so far varied that it re-
,Ted to V
tions se master to inquire under a hat restric-
t, and limitations the masters were to
boarders. The matter had now come be-
qaa„t
the
ion Court on the- report of the master, end the
Praaqea _ be decided principally was, whether the
tou„,a. ot taking boarders was inconsistent with the
goiut: t.,l?` and obj,cts of the charity. His Honour, after
,tehetoa
oat f,considerable length into the case, ordered the
several
ir the estrying on the charity to be varied in
clear
anrportant particulars, and stated it to be his
boarders decided opision that the practice of taking
was inconsistent with the foundation and ob-
jects of the charity.