Lord Eldon's decision in the case of Market Bosworth school (Att.-Gen. v. Dixie, 3 Russ., 534) established an usher in the school, whose sole occupation was to be to instruct the scholars in English, writing, and arithmetic, and it gave the usher a salary of 901. per annum out of the school funds. But in doing this Lord Eldon merely did what the donor in tended. Market Bosworth is one of those grammar-schools in which the founder has directed that other things should be taught besides Latin and Greek. Ac cording to the statutes, the school was to be divided into two branches, the lower school and the upper ; and " in the first form of the lower school shall be taught the A, B, C, Primer, Testament, and other English books." In the upper school the instruction was confined to Latin, Greek, and Hebrew. It is therefore in this case as clear that the founder's intention was carried into effect by the decree of the court, as it is clear that in the case of the Monmouth school such intention was vio lated. The case of Monmouth school, however, furnished a precedent, which has been followed in other cases.
There are many grammar-schools in which nothing is provided for or nothing intended by the founder except instruc tion in grammar, which, as the term was then understood, appears to have meant only the Latin and Greek languages, or sometimes only Latin perhaps. Where provision is made for other instruction in addition to, or rather as preparatory to, the grammar instruction, modes of expression like those already mentioned iu the case of Highgate and Market Bos. worth schools have been used by the founder or the makers of the statutes. In the founder's rules for the grammar school of Manchester, which has now an income of above 40001. per annum, it is said," The high-master for the time being shall always appoint one of his scholars, as he thinketh best, to instruct and teach iu the one end of the school all infants that shall come there to learn their A, B, C, Primer, and sorts, till they being in grammar," &c. In all cases of gram mar-schools where this instruction is to be given, it was evidently intended as a preparation for and not as a substitute for grammar. It was therefore clearly an abuse in the case of the Highgate school to have converted it into a mere school for reading, writing, and with , metic; but it is equally an abuse in the case of the Manchester school to make the following regulation as to the ad mission of pupils, which was in force at the time of the Charity Commissioners' Inquiry : " All boys who are able to read are admitted on application to the head master into the lower school, where they are instructed in English and the rudi ments of Latin by the master of that school. They are so admitted about the age of six or seven." Grammar-schools have now for a long time been solely regulated by the Court of Chancery, which, though affecting merely to deal with them in respect of the trusts and the application of the trust monies, has in fact gone much farther.
The court may be applied to for the pur pose of establishing a school where funds have been given for the purpose, but the object cannot be effected without the aid of the court. It may also be applied to for the purpose of correcting a misappli cation of the funds. The court may also be applied to in order to sanction the ap plication of the school funds when they have increased beyond the amount re quired for the purposes indicated by the founder. Such surplus funds are often applied in establishing exhibitions or an nual allowances to be paid to meritorious boys who have been educated at the school, during their residence at college. The master's scheme for the regulation of Tunbridge school in Kent, which was confirmed by the Court of Chancery, established sixteen exhibitions of 1001. each, which are tenable at any college of Oxford or Cambridge, and payable out of the founder's endowment. It also ex tended the benefits of the school beyond the limits fixed by the founder, and made various other regulations for the improve ment of the school, having regard to the then annual rents of the school estates.
When the application has been an honest one, the schemes sanctioned by the Court of Chancery may generally be con sidered as aiming at least to carry the founder's intention into effect, and as cal culated on the whole to benefit the school. But in some cases decrees have been ob tained by collusion among all the parties to the suit, against which it is no security that the attorney-general is a necessary party to all bills and informations about charities. The founder of a school and hospital in one of the midland counties, among other things, appointed that " the schoolmaster should be a single person, a graduate in one of the universities of Oxford or Cambridge," &c.; and he did "further will that if any schoolmaster so to be chosen should marry or take any woman to wife, or take upon him any cure of souls, or preach any constant lecture, then in every of the said cases he should be disabled to keep or continue the said school." The trustees dispensed with these restrictions and qualifications, but afterwards finding that they could not do this, they applied to the Court of Chan cery : and the court ordered, among other things, that a clergyman should be the head master, though the founder did not intend to exclude laymen; and that the head master was not to be restricted from marrying or taking upon him the cure of souls, &c. This mode of dealing with a founder's rules has not much appearance of an attempt to carry them into effect This clause about marrying occurs in the rules of several grammar-schools, for instance in those of Harrow school. The rule may be wise or unwise ; but it was once observed, and it ought to be observed still, until it is altered by the proper au thority.