The Queen against Mousley, Clerk

JurisdictionEngland & Wales
CourtCourt of the Queen's Bench
Judgment Date01 January 1846
Date01 January 1846

English Reports Citation: 115 E.R. 1130

QUEEN'S BENCH

The Queen against Mousley
Clerk.

S. C. 16 L. J. Q. B. 89; 11 Jur. 56.

the quben against mousley, Clerk. 1846. P., by will, directed that six poor persons of E. parish should have a weekly allowance and lodging in an alms-house to be built in E.; and he devised lands to trustees, out of which the expense was to be defrayed, and also on condition that the trustees should find a person qualified to keep a free grammar school in E. or in R.; and the will gave directions concerning the rule of the school, and the putting in and paying the tchoolmaster and usher. Afterwards, by charter, reciting the will, and that there had been built an hospital at E., in which poor persons were relieved, and a free tchool at R., it was granted that there should be in E. an hospital, and in R. a free grammar school, the said hospital and school to consist of a master, a schoolmaster, ushers, poor men, and poor scholars, who were made a corporation ; that there should be governors, with power to correct abuses and make laws /or the governing of the corporation and their lands and goods; that the master should be a the present case, a rule nisi had been in fact obtained, on behalf of the plaintiff, by Rew (on the same day as that on which the rule for the defendants was obtained), to enter all the issues for the plaintiff for a sum including certain items claimed by him, but disallowed by the arbitrator, as appeared by the award. (c) Attenby v. Proudlock, 4 Dowl. P. C. 54. (a) No other Judge was present. See p. 931, note (a), ante. 8 Q. B. 947. THE QUEEN t'. MOUSLEY 1131 Master of Arts of Oxford or Cambridge, and a preacher of God's word, and should, in person or by deputy, preach once every Sunday in the parish church of E., atid read prayers twice every day in the week in that church. By Act of Parliament (5 G. 4. c. 38, private) it was enacted that the affairs of the corporation, without prejudice to the powers and privileges of the governors, should be managed by a court of managers, consisting of certain members of the corporation. And it was provided that, when any of the govertiors should be a minor or under legal disability, the guardian, &c., of such governor should act in his stead. Held, that the mastership was not an office for which an information in the nature of a quo warranto would lie. [S, C. 16 L. J. Q. B. 89 ; 11 Jur. 56.] Sir F. Thesiger, Solicitor General, in Trinity term, 1844, obtained a rule calling upon the defendant to shew cause why a quo warranto information should not [947] be exhibited against him to shew by what authority he claimed to be master of the Hospital and Free School of Sir John Fort, Knight, in Etvvall and Kepton (otherwise Eeppingdon), of the foundation of the said Sir John Fort, Knight: upon the grounds, that he was not duly elected or appointed master, that his appointment was improperly obtained, and on other grounds (stated in the rule) setting forth objections to the appointment more specifically. The only affidavits bearing upon the point decided by the Court explained the constitution of the school and the nature of the office of master. The material parts of tbeae (which were among the affidavits filed in support of the rule) were in substance as follows. Sir John Port of Etwall in the county of Derby, Knight, by his will, dated 9dh March 1556, directed that six of the poorest of Etvvall parish should have weekly for ever twenty pence a piece, besides lodging in an almshouse to be built near the churchyard of Etwall, and that the money so to be paid to the poor aforesaid should be received out of the lands and tenements thereinafter mentioned : and the testator devised various estates to trustees upon condition to find a person qualified aa in the will mentioned, freely to keep a grammar school in Etwall afotesaid, or Kepton in the said county; and he gave directions concerning the master and usher and their salaries; also concerning the rule of the said school and the putting in of the said schoolmaster and usher. By charter, dated 12th June, 19 Ja. 1, after reciting (inter alia) that, in accomplishment of some part of the said will, a hospital had been built at Etwall, in which six poor people had for many years been maintained and relieved, and that a free school had been built at [948] Kepton : it was granted that for ever thereafter there should be within the said parish of Etwall one hospital for the maintenance of poor people, and within the parish of Kepton one free grammar school, which were to he called the hospital, &c. (as recited in the rule, supra); and the said hospital and school were to consist of one master, one schoolmaster, two ushers, twelve poor men, and four poor scholars; and they and their successors were constituted one body corporate and politic in deed and in name by the name of Master, Schoolmaster, Ushers, Foor...

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