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deemed to be properly constituted, and he
contended that this had not been proved, because their aptitude
and qualification could not be questioned in a court of equity.
In this instant it was specially provided for, inasmuch as the
Board of Education was the tribunal constituted for determining
any dispute.
His Lordship: A very nice way of shutting up Courts
of Justice if the Board of Education assumes judicial functions.
Mr. Clayton: The strong tendency of present
legislation is not only to give unlegal tribunals exclusive
jurisdiction, but it goes further and give persons of no legal
education the right to be heard, and not solicitors and counsel
(laughter). He further submitted that the Managers were in fact
and in law duly constituted, and that the only way of impeaching
the Rector’s declaration as to who had been appointed
churchwarden was by demanding a poll. As to the appointment of
the co-optative Manager, the presence of Mr. Antrum was not
necessary at the meeting , but even if he had been there and
voted against Mr. Meadway’s nomination, there was a clear
majority in favour of the latter. As to the plaintiff,
counsel contended that he had waived any right to raise
objection to the constitution of the body of Managers by his
actions in recognising them as such, and particularly when
they enquired into his own conduct. |
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On the question of damages there could be
none except for wrongfully determining a contract of service
before the proper time. It mattered not how morally wrong the
motives of the Managers might be in dismissing him, they gave
him the necessary three months’ notice according to the final
order of the Board of Education. Counsel cited numerous
authorities in support of his contention.
With eighteen large law books on one side of his
desk, the judge remarked: I hope this is the end of authorities,
or I shall not be able to see over them (laughter).
With ?
The Rev. H. B. Hennell, who was instituted Rector
of Ash in July, 1909, deposed to the appointment of Messrs.
Green and Holmes as Foundation Managers, and Mr. Meadway as co-optative
Manager in May, 1911. There was never any claim from anyone
else, he said, to act as Manager. As to the adjourned vestry
meeting in May last year, Mr. Petherbridge, said the Rector,
held that the proper course was for the vestry to appoint both
churchwardens if they could agree, and proposed Messrs. Holms
and Wild. Witness said he had already asked Mr. Lambarde to
serve again but he replied that he felt too old, and hoped Mr.
Green would be elected in his place. Witness nominated Mr.
Green, having previously obtained his |