A Copy of the Report in the Kent Messenger
May 11th and 18th 1912.
THE ASH SCHOOL CASE.
PROCEEDINGS AT A VESTRY MEETING
HOW MANAGERS ARE ELECTED.
What has become widely known as the Ash School Case again came
before Mr. Justice Eve in the Chancery Division of the High Court
of Justice on Wednesday and Thursday, the pattice being Frederick
George Meyers (who had been for upwards of 30 years headmaster of
the Church of England School at Ash, Near Wrotham, and recently
received three months notice to leave) v. the School Managers –
the Rev. Harold Berclay Hennell (Rector), Messrs. Sydney Charles
Green, farmer; Gilbert Edward Holmes, butcher; Henry Roffey
Meadway; George Day, Farmer; and John Holland, Farm Bailiff.
Plaintiff claimed (1) a declaration that his
engagement as headmaster of the school had not been duly and
lawfully determined: (2) an injunction regarding defendants from
dismissing or purporting to dismiss him until his engagement as
headmaster shall have been lawfully determined: and (3) in the
alternative, £500 damages for wrongful dismissal.
Mr. P. Ogden Lawrence, K.C., and Mr. A.A. Thomas
(instructed by Messrs. Baker and Nairne) appeared for the
plaintiff, on behalf of the National Union of Teachers; and Mr.
Edward Clayton, K.C., and Mr. Edward Jones (instructed by Mr.
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Thatcher) represented the defendants.
Mr. Lawrence said the main point was that the
managers of the school were not de jure managers when they
purported to dismiss the plaintiff. Another point, however, had
emerged since the motion in this case was before the Court, which
might become important; that was, that even if they were de jure
managers, they were not qualified to act because they had not made
a declaration to the effect that they were members of the
Church of England, which was a qualification for appointment.
His Lordship: They have made one now.
Mr. Lawrence: Yes, on April 15th, directly after
their attention was called to it, but that cannot help them in the
dismissal. I have authority to show that the dismissal is bad on
that ground, whatever may be the subsequent course of events.
Proceeding, counsel explained that previous to the
passing of the Education Act of 1902, Ash Schools were carried on
under trust deeds, and by an order of the Board of Education dated
January 1904, the foundation managers were to be the Rector,
ex-officio; two nominated by the Rector, Churchwardens and
Overseers of the Parish; and one co-opted by the other three.
Their term of office was to be for three years, or until their
successors were duly elected and their qualification was, among
other things, that each should be a bona-fide member of the Church
of England. Although the manager was presumed to be qualified when
elected, there was an expressed prohibition against his acting as
such until he had signed the declaration. |