The Sun.
London, England, 1834-08-09 00:00:00

COURT OF CHANCERY, .4trausT 8•

DILL V. QUISNEL. Order
Mr. BARBER made an application in this case for an
lode
under the following circumstances :—An order had been
directing the Defendant to pay the sum of 17,0001, i. nto the
bank for the Plaintiffs ; but the Defendant being in • Frange
and consequently out of the jurisdiction of the Court,.
present application was to have the order varied, by direct Tt;
the sum to be paid to the Plaintiffs in the first instance, bb
which means they would be enabled to proceed in the Fre°
Courts for the recovery of the sum in question. A f r.
His LORDSHIP directed the order to be made as prayed oent
His LORDSHIP, at the rising of the Court, gave judgui-
in the following cases :

THE ATTORNEY-GENERAL V. ATHERSTONE SCHOOL.
e
His LORDSHIP said by letters patent of the 15th 0-t' ,aithd
reign of Elizabeth, after reciting a gift of money to be at
out in the purchase of land for the support of a sebee is
Atherstone, in Warwickshire, it was directed that twelve
the
habitants of Atherstone should be governors or keepers e.c,tf et,
sch 301 in question,. with a power to appoint a sehoolnro,
&c. &c. The governors made certain orders and regular
whereby the charity lands beyond the sum of 200/. per ane
were directed to be kept by the bailiff to form a fund for edi.
tingencies, and which was to be made the subject of efter- of
rections. In 1649, by a decree of the Commissioner; to
Charitable Uses, the rents of the estates were declare!iids
amount to twenty-eight pounds per annum, and twenty Peter
per annum were directed to be paid to the master. By ell the
decree of 1669 the surplus rents were declared to belong roe
master. In 1817, Mr. Bradley was elected master 01.,,,a
school, and by an agreement dated the same year
to receive a yearly stipend of 120/. from the Governor.
similar agreement had been entered into by Mr- 131.1(10h
predecessors, and it was stated in the advertisement that sa,,,
an agreement was expected to be entered into prior to OVA
pointment. A bill had been filed to set aside this agreeillttor
and his Honour the Vice-Chancellor had referred the Ma I,
to Master Cross, who had reported in favour of the selo,
master. The matter had subsequently come before his eat,
nour the Master of the Rolls, who, after giving a iudgil'frst
had directed another reference to the Master. In the hot
place, he (the Lord Chancellor) should look at the decree t't3
his Honour had pronounced. It had directed the gester,re,.
ascertain what the rights and duties of the schoolmaster e, Loje
and to approve of a scheme for carrying into execution id
trusts of the charity. In the decree not a word was salt„
y
about the present schoolmaster's conduct, and consecleecfar
that was a matter not at issue in the present case. The :pva'
ter to whom the matter stood referred had first made a '-'tet
rate report, by which he reported that the schoolrags,,a,
was entitled to the surplus of all the rents of the e!;.0
rity estates. The defendants had taken exceptions to ti,P3,
separate report, contending that the schoolmaster oc,
only intended to receive a reasonable salary, and te or
w
cupy the schoolhouse, &c., at a nenninat-rent. His toobe
the Master of the Rolls had referred the matter back
,t?„, to
Master to review his separate report, and had directed nlfor
take into his consideration the sum that would be necessarick
the governors to retain as a fund for necessary repairs anuhich
penses. The Master then made his general report, by
he reported that 2001. was a sum fit to be retained for be
and that 601. for every future year, 25/. out of which was
retained to form a contingent fund, and he also reported the
the surplus fund belonged to the schoolmaster. As °toile
scheme, he reported that twelve inhabitants of Athe.rs to
ought to be governors or keepers of the school in questliee'od
be nominated by the diocesan, the Bishop of Lichfield out
Coventry, and that a bailiff or receiver ought to be electieheen
of the governors by themselves. Four exceptions han of
taken to that report, and the first, relating to an oraissi-iel
facts and the agreement of 1817, his Honour had overt our
and he (the Lord Chancellor) was of opinion that his 14°Inev
in doing so had come to a right conclusion. The sece,ter.
kna'-'
ception related to the scheme approved of by the -'~tier
Now the scheme in question gave the governors no P°ter,
of removal, no control whatever over the schoolnl9ord
but merely a power of appointment. He (the al.
Chancellor) was clearly of opinion that making a see of
master totally exempt from superintendence was °n stet
the worst possible arrangements, both for the schoep"
himself, and for the institution of which he formed so Pr% to
nent a part. The existence of the school was 'ell'aseerea
hazard by such an arrangement ; its useful existence renda
barely, and but barely, possible. To such defects in eig io
stitutions he traced that melancholy result which was In" Deo
every part of the country, where persons could hardly front
their eyes without seeing some fine endowment perverted de,
its original uses, supporting not masters to teach all !y it
sired education, and who had not the means of obtantlefeit,
and whom the pious bounty of the founder had intended t 0 or
but masters who made large profits, and who discourage' .60'
humble countrymen from sending free scholars lest such,
ciation might prove displeasing to their more refined Purtbc
male and female relations. The doors were indeed °Pee ;
nor!
free scholar might come if he chose, if he would venture ; .0
if he dreaded not the frown and the scowl reserved for Tosl
he might be taught grammar by the teachers amongst the bini
of the titled and rich, but no active finger would beckon di3l
to approach, no open arm would welcome his arrival, no el Ili,
hand would receive and attend him, but all service and a• gif
tendance would be pointed elsewhere. This fact accordleo,
met us at every step we made through this magnificently
doived land of buildings, with all the outward symbols 13.1Ar'
schools, halls, offices, houses, every thing but free selfo,f
No exclusion, no prohibition, and no advantage was take:
the endowment. The door was opened, but not darkePe7' ,cl
there was no entering from the house magnificently 15°_,1„lid'ai
for the reception of higher guests. The master was ser„-°er
in the care of his own pupils, the ushers were in 10'8,,‘,.5.
force they might be required, the instruction ample en,it'orl
rious in all the accomplishments their state and cottel if
might require. No such spectacle would ever be exbiu"oo
schoolmasters were kept under due control, and Athertnce
School appeared for want of that wholesome' superintelre:tod
to have followed exactly into the same track as Pock riot)
and so many other schools. He (the Lord Chance
thought that the Bishop of the diocese and the twelveer
vernors should have, not a concurrent visitorial power the
the schoolmaster, but a power of making, according °cow
intentions of the founder, wholesome regulations. ,
sequently he should reverse his Honour's order • I„,te ter
exception, and refer the matter back to the '"-fie
with a declaration to the effect he had just stated' hed
should now refer to the third exception, which had tad
taken to that part of the Master's report in which he rep-rats
that the schoolmaster was entitled to all the surplus of the red('
of the charity estates after the payment of the sum of
oh
for the year 1131, and the 60/. for every afteryear. He s °
d add reverse his Honour's order and allow this exception, an able
a .declaration that the schoolmaster was to receive areas',Ge.
stipend, having regard always to the keeping of a se'-ekee
fund for contingent expenses. The fourth exception tad
was to the Master's having allowed the decree of 1649' 10
proceeded upon that decree as the footing of his inqulri,' 1649
(the Lord Chancellor) was of opinion that the decree nt.;sl.
was a mere nullity.—This exception must accordingll""
lowed.

PAGE V. BROOM. o'o4
His LORDSHIP said that he did not think that Miss 14:11
was mortgagee of the 250/. The Court always leaned 310,
'OO
allowing interest with rests, and he saw no pretence 1,, ill
case for charging Miss Linwood with them ; consequeNete
order of his Honour the Master of the Rolls must be 8'
in this particular.