Star.
London, England, 1807-12-28 00:00:00

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vans SCHOGGC • ' .. 'll '-
anZseety Proceedings relative to the Rev. Gall4lllr
1
Catisont.m, informant, v. the BAILIFF and %nig
c snits of the Borough of Blandford.
An injuneion had been obtained by the Plaintiff,
to refrain the Defendants from proceeding upon,
their judgment in eje6ment, to recover from the,
Plaintiff poffeffion of the fchool houfe at Blandford.
This was a motion to diffOlve the injunBion.
Sir StMUIL ROMILLT, in fupport of the injunc-
tion, hated, that in the year s 777, the Plaintiff was
appointed fchoolmafter of the free (chord of Bland-
ford, by the Corporation, and continued to do the
duties of that office, for which he was eminently
qualified, up to the prefent day ; and the Defendants
now fought to difpoffefs him of this office, and the
fchool houfe attached to it, upon the ground (it was
raid) of negleft, when it was quite cleat that it was
not from any negled or mircondua of this gentle.
man that they fought to remove him, but becaule
they Paid they had a right to turn him out of his
place. Before the time of his appointment, this fchool
had been neglated, and faller, into very great difre-
pute ; but by his diligence, learning, and charaher,
in a (hurt time he restored the fchool to a great de•
gree of profperity and utility. In the, year 164:
one William Williams deviled the rum of five pounds
per ..num.at a falary, to be paid to a proper mat-
ter to inflrudt four boys. There was a fehoul houfe
for the mailer, who was to pay, by way of quit rent,
6s. Bd. per annum. Immediately after his appoint-
ment, the Corporation obliged Mr. Chilltelm to fir
a leafe of the famel houfe for (even years ; and, in
174, that leafe expired, and no new leafe was
granted. However, he continued to be the fehool.
anther, paying the 6s. Sd. quit rent, and receiving
the falary of 51. betides 51. more allowed by the
Corporation, and he obtained a licence for that ;nor-
pole from the Bithop of Briftol. In iSos, a Mr.
Sollers being the High Bailiff of the Borough, pro-
pored that Mr. Chilholm humid continue his fitua-
tion, but upon new terms; that he (hould take anew
leafe ; that the 51. per annum allowed by the Corpo-
ration fhould be difcontinued ; that he (hould repair
the fchool houfe at his own expence, although it
had hitherto been done by the Corporation, &c. that
he (hould pay all taxes, &c. Mr. Chifhohn fent an
anfwer declining thefe propofals. The ejeltment
was then brought ; and as he had no defence at law,
the prefent bill was filed to prevent their proceeding
to take poffelfion under that judgMent. From time
Immemorial, the fchoolhoufe had been in polleflion
of the fchoolmafter, and the Corporation were called
on to fhew by what Tight, or under what authotity,
they claimed the poffeffioa. The Corporation bad
put in their anfwer under the corporate feat, and raid,
they believed there was no endowment of the fchool;
and that the 51. per annum was paid out attic funds
of the Corporation • that the fchool was merely eh-
blithed for the benefit of the inhabitants and neigh-
bourhood of Blandford; that they were not bound to
fa forth their interefland title in the pretnifes,l and
they claimed the benefit of this 'defence, as if they
had demurred to the bill. But it appeared by a
pelage found in one of their books, that in the year
1747, when Alexander Purcell was mailer, he was
paid out of the rents wiling from the fairs and mar-
bets;, fo that here was a particular fund belonging
to the Corporation, by their charter, out of which
this falary to the fchoolmafter was paid. This alle-
gation was not denied by their Weer.
Mr. Scorr, on the fene.fide, thou ht, before he
Should enter into the merits of the cafe, the Gentle-
men on the other fide thould admit to him fume pro-
poations of law ; firft, that there is a difference be-
tween a grammarlchool and any other fchool, the
former being always confidered and held as of eccle-
fiattical cognizance. This dotarine had been difiinitly
laid down by Lord Keeper Weight in Cox's cafe, and
it had been recognized as law by Lord Kenyon in
the King v. the Archbithop of York. (6 Term
Reports.) He contended that the Ichoolmafler of
an ancient grammar fchool had a freehold in his office,
and cited Webb's cafe in Lord Coke's Reports. Ano-
ther propofition was that a houfe or land may be ap-
pendant to an office. It was contended, however,
that a leafe had been made in this cafe, which mull
do away that objettion ; but he apprehended that a
man might accept a leafe of his own lands, and if he
did it could only operate againft him as an eltoppel,
and that as the efloppel grew with the 'cafe fo it
ceafed with the expiration of the term. Celle of the
leafe being Ceffer of the elloppel.The dodrines were
to be found in Coke upon Littleton,
The anfwers of the defendants reduced their ob.
jellion to the continuance of this injunction to three
heads.
al, That this is not an ancient grammar acid,
or an endowed reboot.
ad, That the fchoolmafter is merely their tenant
of tbefchool houfe, holding over the 'cafe granted
in him in 5777.
3d, That the fchoolmafter had neglelted the fchool
and had excited difcontent in the town, whereby the
fchool was injured.
He confidered thefe heads feparately and in their
order. It appeared clearly by their anfwer that the
fehool had exifted between a and aoo yens. That
the Corporation, in their nomination of the plaintiff
to the Bifhop of Brihol, had themfelves called it—,
" the Grammar School of Blandford." The aipendi,
regularly paid by the Corporation, and Williams's;
bequek proved it to be an endowed reboot, and that
it was endowed as they admitted, not of " the rents:
of the lairs and Markers." The defendants had been
interrogated whether they did not pails property'
in Wehliemfivorth, for the benefit of this fchool,
and they laid they did not. The 'talon he had put
that qoehion to them was this-...a great number of
the grammar facto!. in England had been endowed
in the reign of Edw. VI. by an att appointingCom-
ntiffioners for that purpofe, who were to return their
proceedings to the Court of Augmentation. In ad-
ailing upon this cafe, he had ditched a feateh to be
made in the Records of that Court, and lythereby
appeared upon a return by Commiffioners.appointed
tinder this adt for the County of Dorfet, that " the
iree Chapel of Weft Herafworth was ordained for a
JEhoolmalter to be maintained in Blandford.". It was
- notorious how fcandaloufly thefe endownsents.were
abufed, and he quetlioned whether this caufe would
; not throw tome light upon the very important /
t

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