The Sun.
London, England, 1846-02-09 00:00:00

hereditaments vested in them by the chirter of Edward
VI. ; but, nevertheless, that the warden and assistants I
held the ancient beast market, and the Wednesday's 1
market for oxen, sheep, and swine (extended by the
charter of James to the sale of horses), and the land
called " the Quarry," and the Friday's cattle market,
and the tolls and profits arising from them, upon trust
fur the plaintiffs for the purposes of the borough of 1
Louth. The plaintiffs, therefore, asked.a declaration of
the Court to that effect, and prayed that the warden
and assistants might render an account accordingly.
Mr. Stuart, Mr. Wilcock, Mr. Belt, and Mr. Adams, 1
appeared as counsel for the plaintiffs, contending that 1
the true construction of the Municipal Corporation Act I
was to create a new municipal body, in whom all the !
municipal property, rights, and revenues were to vest for
the benefit of the borough, and that the saving clause in
the Act was not intended to continue vested in the
warden and assistant any right or property which was
net included in the statute of Edward VI. With regard
to the municipal property not included in the statute of
Edward, the defendants lied no claim whatever, and
such as still remained vested in them at lain by virtue
of the saving clause in tie Municipal Corporation Act,
they could only hdd in trust fi- the new corporation
after the exigencies of the charity were satisfied. The
principle which regulated the Court in such cases, origi-
nally laid down in the Thetford case, and adopted in the
cases of the Bristol Charity, a• d " The Attorney-Gene-
ral v. the Skinners' Company," was that where on the en-
dowment of a school or chapel lends became veste,l,
t ither by grant or charts r, in any corp iration
or body of parsons, with a direction out of the rents
to make a definite provision for the sustentation of
the school or chapel, if the amount of that provision did
not exhaust the rents and profits of the land vested in
' the corporation or other body, the surplus being, by the
terms of the original grant, undisposed of, and dedicated
to any other purpose, became the property of the persons
in whom they were vested without any trust whatever.
That rule strongly applied to the present case,—as it
was alleged by the Bill that the inhabitants of the town
were entitled, by prescription, before the charter of
Edward VI., to the right of holding the beast-market in
"the Quarry" at the time of fairs, and that it was part
of the waste belonging to the King as lord of the manor,
and that the land, the market held there, and the tolls
arising therefrom, and also the Wednesday market for
oxen, sheep, and swine, were by the charter of Kiward
VI. confirmed and granted to the warden and assistants
for the use of the inhabitants for the better maintenance
of the town. Upon the right construction of the charters
an 1 the Municipal Corporation Act, the Court must,
consistently with its known principles, pronounce a decree
for the plaintiff's.
Mr. Bethel and Mr. J. Parker, for the defendants,
the warden and assistants of the Free Grammar School
of Louth, submitted that on either of the following
grounds the bull could not be maintained:—first, upon
the true construction and effect of the 136th section of
the Municipal Corporation Act; secondly, upon the in-
terpeetation of the charter of Edward VI., taken per se;
thirdly, because the effect given to the charter, and the
enjoyment under it, as manifested by contemporaneous
usage, conferred a tiCe to the school and the property
in contest which the Court could not disturb; fourthly;
b came the right of the warden and assistants to all the
property was established by the decrees of the Court in
1702 and 1729; and fifthly, because, independently of
every other consideration, the usage which had pre-
vailed and the enjoyment had of the property, not having
been proved to have originated in any breach of trust,
had been of such duration and consistency that the
Court would not suffer the right of the defendants
to be questioned—that it was repugnant to the
true con •truction of the I 36th section of the
Municipal Corporation Act to declare that the warden
and assistants of the grammar school could hold
the property in dis; ute upon tru!t for the purposes
the borough, or any other trust than the benefit of the
schco% The true intent of the Act was to continue in
the wardens and assistants everything that a as vested in
then, by the charters, and it left it in them beneficially
for all purposes of management, dispos!tion, and enjoy
merit without any trust, either expressed, implied, ()-
resulting, and capable of being declared in favour of any
ether body or individual, and that all the property, with
the righta, privileges, and advent -ges which had been
granted to the wardens and assistants at various times,
had been granted solely for the benefit and purposes cf
the school, and not for any other municipal object what-
ever.

Mr. Dr. QUEEN was heard to day, following Mr.
Bethel! and Mr. James Parker in behdf of the deffaidants,

Mr. WRAY appeared for the Crown, and at the con
elusion of the Learned Counsel's arguments the further
consideration of the case was postponed to Saturday next,
when Mr. Stuart will reply upon the w hot:, case.
His lioxon does not sir a;ain till Wednesday, which
is the first seal after Hilary Term.

COURT OF QUEEN'S BENCH, Feb. 7.
This Court- was.occupiecl for a considerable portion of the
day in - investigating a case 'u hick arose out of a book-
account transaction, between a vender of gitiger-beer and one
of his eustormrs ; the amount sought to be recovered was
about 71.; and the action might have been disposed of in
half an hour.