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. George
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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. |