The Sun.
London, England, 1841-07-29 00:00:00

EVENING SUE.

ROLLS COURT.-(THIS DAY).

----- •
THE ATTORNEY-GENERAL V. DULWICH COLLEGE

At the sitting of the Court this morning; the Master
of the Rolls gave judgment in the above case, which
has been before him ever since 1836. It was; an ex-
nfoio information filed by the Attorney-General upon
Vie certificate of the Charity Commissioners for a de-
'ion of the Court, of who were the parties entitled
"vilarticipate in the funds and revenues belonging to the
ri
„"cniege ; that the charity ought to be extended, and
fat directions should be given by the Court for carry-
' mg into effect the intentions of the founder ; also that
the nUmber of scholars should be increased, and that it
be referred to the master, to inquire what alterations
ought to be made in the scheme of the College. The
College was founded under a license granted to Richard
Alleyne, Esq., in 1619, and it was settled to consist of a
roaster, a warden, four fellows, 12 poor brethren, 12 poor
sisters, and 12 poor scholars, and in 1620, he conveyed
the lands " for the sole and only use of the Master War-
&e." as above, " for and unto no other intention
: -woatsoever." Subsequently to the endowment of the
I', College, the founder, after stating the duties of the Mas-
ter, Warden, and other officers, appointed six chanters,
-; to be called Junior Fellows, and six assistants, together
With thirty out-members, ten of whom were to be taken
°r appointed from the parish of St. Botolph, Bishops-
gate, ten from what is now the parish of St. Luke, and
tea from St. Saviour, Southwark. The Learned Lord
here went' through a history of the proceedings which
took place before Archbishop Sheldon in 1686, before
Archbishop Wake in 1724, and Lord Chancellor King in
1728. He came to the proceedings under the present
Information, which was filed in 1836, in consequence
of the inquiries made by the Charity Commissioners, and
i!! Which it was alleged that the present members of the
College received greater benefits from its funds than
Were contemplated by the founder, and that their
jaeornes had been improperly increased by reason of the
'l°l1-appointment of the six chanters, the six assistants,
and thirty out-members, to which the defendant alleged
. that the appointment of the: chanters, &c. was void, and
that the money belonging to the College was applied
among the members according to the directions of the
founder upon his endowing the College. Now, he
was of opinion, that had the College taken
?Tithing under the will of the founder, or
if it appeared that he had ever benefited the
College after his settling the first scheme, a
trust for the poor of the parishes named would have been
created', and of course it would'be the duty of the Court
to execute it. But his opinion was, as neither of those
• things appeared, that the founder was not entitled to
alter the scheme of the College after he had endowed it,
°r to apply the funds to any other purpose whatever
- Ater he had made over the lands for its use. If there
Were any irregularities in the manner of conctueting the
affairs of the College, there was a special visitor ap-
Pointed who had power to correct them. He thought
.',there was no trust to be executed by the Court. The
Information must then be dismissed.

CHANCERY.-(THIS DAY.)

.4- .11AYLDEN v. THE BARNSLEY WATER WORKS COMPANY.
t 4., The arguments in this case, which was part heard yes-
i'day, were resumed this morning, and occupied his
.•40nour the entire morning.