The Sun.
London, England, 1842-03-26 00:00:00

LAW INTELLIGENCE.

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VIOE-CHANCELLoRr COURT, March 24.
(Before Vice-Chancellor BRUCE.)
THE ATTORNEY-GENERAL C. CULLUM.—TRE SAME V.

GBICE.
This case was argued on the 17th of March, and was
directed by his Honour to stand over till to-day.
Mr. Cooper, Mr. M‘Christie, Mr. Boteler, Mr.:J. Rus-
sell, Mr. Sewell, and Mr. Bacon appeared for the de-
fendants.

Mr. H. Twiss and Mr. Wray appeared for the Attor-
ney-General.
This case came before the Court upon the Master's
report, and for further directions, and also on petition.
The charity to which the information related was ealled
"The Guildhall Feofnient of Bury St. Edmund's," and was
originally founded in the latter part of the 14th or in the
beginning, of the 15th century. In the succeeding three
centuries its funds were increased by the gifts, devises,
and bequests of various benefactors, and at present its an-
nual revenue exceeded 2,1001. Many portions of the
gifts, devises, and bequests, having been given for supersti-
tious uses, were void by the statute. Other portions
were for the repair of the different churches in Bury, and
the other portions were given for the aged poor inhabi-
tants of the town generally. The present information
was filed in 1833, at the relation ot certain inhabitants
of Bury, alleging various charges of mismanagement
against the feotfees, and in 1836 an order was made re-
ferring it ,to the Master to inquire and ascertain, amongst
other things, the amount ot the property, and for a
scheme for the future management of the charity. The
first point now before the Court was whether the master
was correct in the course which he had suggested for
taking the property—namely, that it ought to be let in
tenders after the advertisements in the Bury news-
papers, and upon taking the opinion of a competent sur-
veyor.
His HoNoutt was of opinion that the course suggested
by the Master was a proper one, with this modification—
that the trustees should not be bound to accept any of
the tenders, provided they found in the exercise of their
discretion that they could let on better and wore advan-
tao-eous terms for the charity.
/The next point was in reference to three schools,
which the master had found it would be proper to build
and support out of the surplus income—namely, a com-
mercial school, for the instruction of 150 boys ; a poor
boys' school, for the instruction of 300 boys ; and a poor
girls' school, for the instruction of 150 girls. 'The
Master's report left it to the trustees to appoint masters
and mistresses, without stating of what religious per-
suasion they ought to be. On the part of the Attorney-
General it was urged, that the Court ought to declare
that the masters and mistresses ought to be members of
the Church of England, and that the Scripture lessons
prepared for the Irish National Schools ought not to be
made part of the scheme.
Mr. COOPER said that both parties had agreed to the
substitution of the following clause, instead of the 10th
and 11th articles of the Master's scheme. They agreed
first that the masters and mistresses were to be members
of the Church of England.
The clause which they then proposed to substitute
was as follows :—" That during one hour at the least of
every school day, the master shall give religious instruc-
tion to all the scholars, such religious instruction to be
confined to the reading and explanation of the Scriptures;
and ho shall give instruction in the doctrines and prin-
ciples of the church of England to such of the boys
whose parents are in communion with that church, and
the scholars shall be required to repair, twice every
Lord's-day, to church, or.other place of public worship,
according to their several creeds ; and those who go to
church shall go along with and be accompanied by the
master."
His HoNoutt said, that the instruction on the Lord's
day, must be specifically described as " instruction re-
lating to the liturgy, catechism, and articles of the church."
Mr. COOPER said that they had also agreed to insert
this proviso—" Nevertheless any two trustees, by a note
in writing, may excuse from attendance at church any of
the scholars who were children of parents not in com-
munion with the church of England."
His HONOUR said—Was he distinctly to understand
that every party, in the town was now represented before
him, and that they agreed to the scheme in its modified
shape ?
Mr. BOTELER answered affirmatively.
His HONOUR said that the result, therefore, was this—
All the teachers were to be members of the church of
England, by which alone he meant that religion could
not be taught without interpretation. The Court must
state some interpretation, and there would be insur-
mountable difficulties in stating any interpretation, ex-
cept that according to the Established Church.