John Boyle Gray, Appellant. - Knight Bruce-Hill; The Rev. John Forbes and Others (Outer Kirk Session of the High Church of Glasgow), Respondents. - Tinney-John Stuart
| Jurisdiction | England & Wales |
| Judgment Date | 13 June 1839 |
| Date | 13 June 1839 |
| Court | House of Lords |
English Reports Citation: 9 E.R. 195
APPEAL FROM THE COURT OF SESSION, SCOTLAND.
Mews' Dig. i. 335, 354, 364; iii. 254. See 5 Cl. and F. 356.
Trust - Contract - Burgh.
[530] APPEAL FROM THE COURT OF SESSION, SCOTLAND. JOHN BOYLE GRAY,* Appellant.-Knight Bruce-Hill; The Rev. JOHN FORBES and Others (Outer Kirk Session of the High Church of Glasgow), Respondents. -Tinney-John Stuart [13th June 1839]. [Mews' Dig. i. 335, 354, 364; iii. 254. See 5 Cl. and F. 35.6.] Trust-Contract-Burgh.-(1) Where funds were vested in the magistrates and council of a burgh as trustees, to apply the yearly produce in the support and maintenance from time to time of " schools " taught on the Madras system, and the town council entered into an agreement with the several kirk sessions in the burgh, binding themselves and their successors to pay over the dividends equally among the kirk sessions, each of the latter becoming bound to lodge annually with the council a vidimus, " showing definitely that the dividend was to be strictly applied in the promotion of the system of education proposed by the donor, and accompanied by an obligation by the kirk session to apply the same accordingly," and so long as each kirk session did so, " and * 15 D., B., and M., 628. 195 MACLEAN & ROBINSON, 531 GRAY V. FORBES [1839] satisfied the town council " that the contract was duly performed, it should have right to its share of the dividend, and not otherwise, provision being made for admitting members of the town council to the annual examination of the schools " to satisfy themselves of the bond fide and legitimate application of the dividend," [531] and the contract bearing that this was done strictly in terms of the deed of donation; The town council of a subsequent year having refused to implement the contract,-Held (affirming the judgment of the Court of Session) that the contract was strictly within the competency of the magistrates and town council as trustees, and that the performance of such contract was binding on all parties. (2.) It having been determined'by the House of Lords (3 Sh. and M'Lean, 381), that one member of the town council might competently appeal against the judgment of the Court of Session, the appellant was allowed to plead every objection to the performance of the contract urged in that Court, although the council as a body had acquiesced in the judgment appealed against, and had, by a farther agreement with the kirk sessions, arranged the details preparatory to the execution of the trust. Costs.-Costs, including those incurred by respondent in unsuccessfully opposing, on the ground of incompetency, an appeal, which was afterwards dismissed on the merits, awarded against the appellant. The late Rev. Dr. Andrew Bell of Egmore, prebendary of the collegiate church of St. Peter Westminster, by deed of indenture, executed between him and the provost and certain clergymen and professors of St. Andrew's, dated the 14th day of July 1831, gave and transferred to these parties the two several sums of 60,000 three per centum consolidated bank annuities, and 60,000 three per centum reduced bank annuities, on the recital, " that the said Dr. Andrew Bell, the author of the system of education called the Madras System, considering that the progress of the said system in his native country of Scotland had hitherto been slow [532] and imperfect, and that the greatest boon he could confer upon that country would be by taking measures for the more effectual diffusion of the said system therein;" and, therefore, the trustees were taken bound to divide the stocks or sums into twelve equal parts, and, inter alia, to transfer one twelfth part thereof to the provost, magistrates, and town council of Glasgow; but upon condition, " that the sum so to be transferred to them should be by them, and their successors, employed for the founding or maintenance of a school or schools in that city for the instruction of children, whether male or female or both, in the ordinary branches of education, but so that the tuition at every one of the schools be upon the system of mutual instruction and moral discipline exemplified in the Madras school;" and that the magistrates and council " should stand possessed of the said stock, so to be transferred to it as aforesaid, upon trust for ever, to apply the interest and dividends thereof in the support and maintenance, from time to time, of schools already founded or hereafter to be founded on the principles of the said Madras system, such funds either to remain as invested, or to be invested on any government, heritable, or other sufficient securities, as might from time to time be thought fitting;" and that, before any appropriation or application of the said stock, they should execute a declaration and acknowledgment of acceptance by them of the several trusts declared in the said indenture. The provost, magistrates, and council of Glasgow having accepted the shares of stock upon the terms mentioned in his said deed, amounting to 9791 13s. 4d., which was transferred to them upon the 18th day of [533] November 1831, executed a declaration of trust, binding themselves and their successors in office, in all time to come, upon or for the trust following; viz. " That we and our successors in office shall for ever apply the dividends and interest of the fpresaid sums, or of the proceeds thereof, in the support and maintenance, from time to time, of a school or schools already founded, or to be founded, in the city of Glasgow, on the principle of the system of mutual instruction and moral discipline, as exemplified in the Madras school, or in what is known by the name of the Madras System." In October 1833 ten contracts or agreements were executed between a committee...
To continue reading
Request your trial