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

LAW INTELLIGENCE.
VICE-CHANCELLOR'S COURT, Feb. 7.

THE MAYOR AND BURGESSES OF LOUTH r. THE WARDENS
OF THE FREE GRAMMAR-SCHOOL OF LOUTH.
(Before the VICE-CHANCELLOR of ENGLAND.)
His Honour the Vice-Chancellor of England sat to-day
in his Court at Lincoln's Inn for the purpose of hearing
the further arguments in the part•heard case o, the
Corporation, which has already occupied the Court se-
veral days. In the course of the morning several appli-
cations were made in railway matters.
THE MANCHESTER AND BIRMINGHAM CON-
TINUATION AND WELSH JUNCTION RAIL-

WAY.
On the motion of Mr. ABRAHAMS, a sum of 37,8471,
paid into Court in this matter, was ordered to be laid out.
EAST AND WEST OF ENGLAND RAILWAY.

Mr. ABRATIAMSmovt d that a sum of 31,7001. paid into
Court in this matter should be laid :mt.—Ordered.

OXFORD, SOUTHAMPTON, GOSPORT AND

PORTSMOUTH RAILWAY.

Mr. ABRAHAMS moved in this matter that a sum of
51,0604 paid into Court should be laid out.—Ordered.
NORTHAMPTON, BANBURY, AND CHELTEN-
HAM RAILWAY.

On the motion of Mr. -MoNTAcu, U, sum of 43,6001.,
pa'd into Court i❑ this matter, was ordered to be Ivi.d
out.

NORTHAMPTON AND BANBURY RAILWAY.
Mr. MONTAGU moved in this ewe that a sum of
31,6001., pa'd into Court in this matter, should Le
laid out.—Ordered.

VAIIN-1)S011, SLOUGH, AND STAINES ATMO-

SPII ERIC

A similar order wal made in this m acr with respect
the sum of

THE MAYOR, ALDERMEN, AND BURGESSES
OF LOUTH, v THE WARDENS, AND AS-
SISTANTS OF THE FREE GRAMNI AR
SCHOOL OF LOUTH.
The arguments in this important case were than re-
sumed.
The suit is instituted by the mayor, aldermen, and
burgesses of Louth, in Lincolnshire, against the wardens
and six assistants of the free grammar school of the
town who formed the &d corporation before the passing
of the Municipal Bill, praying a declaration of the Court
that they are entitled for the benefit of the town of
Louth to the several markets and the tolls and profits
arising therefrom held therein, as follows, viz.:—the
ancient market for beasts, held at the time of fairs and
before the charter of Edward VI.; the Wednesday mar-
ket for oxen, sheep, and swine, created by the charter
of Edward VI.; the piece cf ground called " the
Quarry;" the market extended to the sale of horses by
charter of James 1., with the tolls imposed ; and the
Friday market, established in 1802, for the sale of
sheep, cattle, and pigs, in spring and autumn. The de-
fendant, in whom they were vested before the Munici-
pal Corporation Bill, insist that the whole of the tolls
and revenues of such as still remain vested in them at
law, by virtue of a saving clause in the Mun'c'pal Act,
are irrevocably devoted to the charitable purposes of
maintaining the free grammes- school and twelve alms-
people of the tern of Louth, and that the surplus can-
not be applied to the general purposes of the borough.
The case represented on behalf of the plaintiffs was,
that in the year 1547, at the time of passing the statute
of the Ist Edward VI., for dissolving all chanteries,
college's, and free chapels, guilds and fraternities, there
was in the town of Louth an endowed chantry called
" John of Louth's chantry," and three several endowed
guilds—viz., the guild of the Holy Trinity, the guild of
St. Mary, and the guild of the blessed Mary of Grain-
thorpe. The lands of the first guild were subject to a
charge for providing a chaplain sufficiently qualified in
'grammar for the instruction of the boys of Louth and
the neighbouring country in morals and polite literature,
and to the payment annually of 61. Bd. to six poor men
or women of the town, towards their fuel and board,
with a house called " the Trinity a de-House" for their
habitation, and an annual stipend of 51. 13s. 4d. to the
chaplain for life ; and the lands of the guild of St.
Mary were subject to a similar payment for six poor
men or women of Louth, with a house called " the
Lady's Bede-houte." There had also been immemo-
rially in the town of Louth two markets for wares and
goods held twice a week, and three annual fairs, the
tolls of which then belcnged to the see of Lincoln, and
also a vacant piece of ground called " the Quarry,'
which was used by the inhabitants of the town as a
beast market, but was part of the possessions of the
bishopric of Lincoln. By the statute of the Ist of Ed-
ward VI., these were all severally vested in the Crown,
and a charter of incorporation was shortly afterwards
granted, establishing a free grammar-school in the town
of Louth with a master and usher and it was ordain( (1
that a warden and six assistants should form the body
politic, with perpetual succession, capable of purchas'ng
and holding lands, who should be annually chosen by
the inhabitants of Louth, and that certain of the lands
therein set forth, with the rights, revenues, and posses-
sions of the several guilds, and the plot of ground
called " the Quarry," in the occupation of the inhabit-
ants of the town of Louth for the time being for the
beast market, should be vested in the warden and assistants.
And, " for the better continuance and maintenance of
the town and free school," his Majesty, of his "abun-
dant grace, certain knowledge, and mere motion," also
granted the two weekly markets and three annual fairs,
and all mauler of tolls, customs, picages, staliages use
ages, and other profits, commodities, and emoluments
whatsoever in any vise howsoever coming, arising, or
growing from the said several markets and' fairs, or any
of them, in anywise belonging or appertaining, with full
, and entire power to continue, prorogue, and keep the
fairs, and also a court of pie-poudre during their con
tinuance, "to have and hold the messages, lands, tene-
ments, fairs, markets, tolls, rents, revision, meadows,
feedings, and pastures, and all and s'ngular other the
premises, with the appurtenances, to the warden and six
assistants of the town of Loath and free school of *Xing
Edward VI. and their successors for ever, to hold of us,
our heirs and successors, in fee soccage, by feslty only, and
not in chief." The annual hicorne arising from these differ-
eat sources was stated in the charter to be 40/., and out of
that sum the King willed that one John Goodall, who was
to be the first modern master or pedagogue of the free
school, and there to serve for the time of his life,
should receive 201. yearly, and that, Roger Bonus should
to the sub-pedagogue or usher, and receive a sum of 101.
annually for his life ; and it was further ordained, that
the wardens and assistants and their successors should
for ever sustain, feed, and maintain, in and by all things
out of the issues and revenues of the lands and tene-
ments, and other the premises, twelve poor persons, to
continue for ever in like manner and form as they were
heretofore sustained, fed, and maintained by the dis
solved guilds of St. Mary and the Holy Trinity, and
after the death of any such poor person, that another
should from time to time be put in his place within a
month after his death, so that there should be twelve in
number. By another charter granted by Queen Eliza-
beth in 1564, the charter of Edward was confirmed, and
certain other lands, fOso part of the possession of the
late guilds, of the annual value of 52/ Os. 11-,fd. and
26/. 13s. 5(1., were granted "to the proper use and be
hoof of the warden and assistants and their
successors for ever iu fee farm," r. ndering,
therefore, yearly to her Majesty 844 A
third charter was granted by James 1., which greatly
extended the municipal powers and privileges of the
warden and assistants. It was ordained that the warden
and one assistant should be justices of the peace for the
town, and have power and authority to make any reason-
able statutes, constituth ns, and ordinances, for the good
rule and governance of the town and school, and of all
the ministers, officers, artificers, and inhabitants of the
town, with power to inflict and impose such pains and
penalties by imprisonment of the bodies or amerciaments
upon all transgressors and delinquents against such laws
as to them should seem meet and necessary, and also from
time to time reasonably to tax and assess all persons who
should be residents and dwellers in the town. The an-
cient beast-market was also extended to the sale of horses,
on which the warden and assistants wera to receive cer-
tain prescribed tolls," together with all liberties and free
customs, and all other profits, commodities, and emolu-
ments whatever to such market pertaining or falling out."
From that period the tolls and revenues of the Corpora-
tion appear to have greatly increased, and some of the
surplus was applied in the augmentation of the salaries
of the master and usher of the school, but these appro-
priations having become very irregular, an information
was filed by the Attorney-General in 1728, for the due
administration of the charity, alleging that the reve-
nues ef the Corporation devoted to the purposes of the
school and almshouse were improved to the annual
value of 1001., and in a few years would be advanced
to 150/., " or some other great sum," and praying that
the warden and assistants might discover the true rental
of the lands, and the amount of the tolls. The annual
value being admitted by the warden and assistants to
be 1074 38. 9d., Lord Chancellor King decreed that
such sum should be divided into fourths, two of which
should be paid to the master, and one to the usher, and
the other one-fourth to the twelve ahnspeople, and that
the improved rents should for the future go in the same
proportion. The plaintiff in the present suit alleged,
that from the date of this decree the salary of the master
was increased to the extent of nearly one-half of the
income received by the warden and assistants from the
charity revenues, and the salary of the usher to the ex-
tent of one quarter, but that the allowance to the alms-
people, though considerably increased, was not in-
creased in a Elsa proportion. The municipal powers
of the warden and assistants were again extended by a
statute passed in the reign of George IV., under which
they were appointed, with other persons, commissioners
for paving and lighting the town, and authorised
to make bye-laws for the control and supervision of
the markets and fairs, and the persons frequenting them.
This was the state of the old corporation of warden and
assistants when the Municipal Corporation Act was
passed, whereby it was enacted, "that nothing in the
Act should alter the effect of the letters patent granted
by King Edward VI., founding a free grammar school
at Louth, and creating a body corporate for the manage-
ment and regulation thereof, and for the benefit of twelve
poor persons mentioned in the letters patent by the name
of the Warden and six assistants of the to:.vn of Louth
and Free Grammar-school of King Edward VI.,
Louth ;' but that the warden and assistants should con-
tinue and be a body corporate, with perpetual succession,
under the provisions of the letters patent for the manage-
ment and regulation of the school, and the purposes
aforesaid annually, and shou'd remain and be seised of
and be entitled to all lands, tolls, tenements, and here
f
ditaments, then vested in them for the purposes therein
muici
mentioned, in the same manner to all intents and pur-
poses as if the Act had not been passed." Under the
general provisions of this Act, and an order in council,
a
mayor,or
thealdermen borough
9f
nand Lcolmeialloo(riste plaintiffs,,hha
had been
enduly
elected who
now represented that -
poual, hb,ody,
claimed to be en-
titled to all the estates, heriditaments, rights, and pro-
perty belonging to the borough and the burgesses and
inhabitants thereof, including such as had been pre-
viously vested in the warden and assistants, alleging I
that the warden and assistants remained at law seised
only of the laud 91 markets, fairs, tolls, tenements, and 1