Thus in the cafe of the king against the bailiffs of Mor eth Amandamus was granted to restore, a man to the office of under-fchoolmafter of a grammar school at, Mor, peth, founded by king Edward the fixth: The fame bet ing of a publick nature being derived from the crown tr. 58

And the diftinction, feemeth to be this: If they shall be deemed of a publick nature as conftituted for, publick government; they hall he bj, to the jurifdiction of the king's courts of common, law; but if they be judged. matters only of private charity, then they are fubject co the rules and ftatutes which the founder, ordains, and to the vifitor whom, he appoints, and, to no, other Raym 5

In the cafe of colleges in the universities, whether founded by the king or by any other, it feemeth now to be fettled, that they are to be confidered as private eftablifhments, fubject only to the founder, and to the vifitok whom he appointeth; and it doth not feem eafy to difcern any difference between fchools and colleges in this respect (n).

2

10 H. 1725, Eden and Fafter. The free gramman Governors en fchool of Birmingham was founded by king Edward the nomine are not, ixth, who endowed the fald fchool, and by his letters viators. patent appointed perpetual governors thereof, who were thereby enabled to make laws, and ordinances for the bet ter government of the faid fchool, but by the letters patent no exprefs vifitor was appointed, and the legal eftate of the endowment was vefted in these governors. After a commiffion had iffued under the great feal to infpect the management of the governors, and all the exceptions being already heard and over-ruled, it was now objected to this commiffion, that the king having appointed governors, had by implication made them vifitors likewife; the confequence of which was, that the crown could not iffue a commiflion to vifit or infpect the conduct of these governors. The matter first came on before lord chan-. cellor Macclesfield, and afterwards before lord King, who defired the affiftance of lord chief justice Eyre, and lord. chief baron Gilbert; and accordingly the opinion, of the court was now delivered feriatim, that the commiffion was good. 1. It was laid down as a rule, that where the:

(4) For the general power and jurifdiction of a vitor, fee Colleges, 9,7; and hofpitals, 3.

Whether the

truft furviveth, dying away beyond the limited

on the feoffees

number.

king is founder, in that cafe his majefty and his fucceffors
are vifitors; but where a private perfon is founder, there
fuch private perfon and his heirs are by implication of
law visitors. 2. That tho' this visitatorial power did re-
fult to the founder and his heirs, yet the founder might
veft or fubftitute fuch vifitatorial right in any other perfon
or his heirs. 3. They conceived it to be unreasonable,
that where governors are appointed, thefe by conftruction
of law and without any more fhould be vifitors, fhould
have an abfolute power, and remain exempt from being
vifited themselves. And therefore, 4. That in those
cafes where the governors or vifitors are faid not to be ac-
countable, it must be intended, where fuch governors
have the power of government only, and not where they
have the legal eftate and are intrufted with the receipt of
the rents and profits (as in the prefent cafe); for it would
be of the most pernicious confequence, that any perfons
intrufted with the receipt of rents and profits, and espe-
cially for a charity, tho' they mifemploy never so much
these rents and profits, fhould yet not be accountable for
their receipts this would be fuch a privilege, as might
of itself be a temptation to a breach of truft. 5. That
the word governor did not itself imply vifitor; and to
make such a construction of a word, against the common
and natural meaning of it, and when fuch a ftrained con-
ftruction could not be for the benefit, but rather to the
great prejudice of the charity, would be very unreasonable;
befides, it would be making the king's charter operate to
a double intent, which ought not to be. And the com-
miflion under the great feal was refolved to be well iffued.
2 P. Will. 325.

11. The following cafe relateth particularly to a church; but is equally applicable to and far more frequently happeneth in the cafe of fchools. It is that of Waltham church, H. 1716. Edward Denny, earl of Norwich, being feifed by grant from king Edward the fixth, of the fcite and demeines of the diffolved monaftery of Waltham Holy Crofs, and of the manor of Waltham, and of the patronage of the church of Waltham, and of the right of nominating a minifter to officiate in the faid church, it being a donative, the abbey being of royal foundation, by his will in 1636, amongst other things the faid earl devifed a houfe in Waltham, and a rent charge of 100 1. a year, and ten loads of wood to be annually taken out of the foreft of Waltham, and his right of nominating a minifter to officiate in the faid church, to

fix trustees and their heirs, of which Sir Robert Atkins
was one, in truft for the perpetual maintenance of the
minifter, to be from time to time nominated by the truf-
tees; and directed that when the trustees were reduced to
the number of three, they fhould chufe others. It fo fell
out, that all the trustees, except Sir Robert Atkins, were
dead; and he alone took upon him to enfeoff others to
fill up the number; and now the furviving trustees (of
the faid Sir Robert's appointment) did nominate Lapthorn
to officiate; and the lady Floyer and Campion, who were
owners of the diffolved monaftery and of the manor,
claimed the right of nomination to the donative, and had
nominated Cowper to officiate there, and he was got into
poffeffion. The bill was, that Lapthorn might be ad-
mitted to officiate there, to be quieted in the poffeffion,
and to have an account of the profits. By the defendants
it was amongst other things infifted, that the trustees hav-
ing neglected to convey over to others, when they were
reduced to the number of three, and the legal estate com-
ing only to one single trustee, he had not power to elect
others;
but by that means the right of nomination resulted
back to the grantor, and belonged to the defendants, who
had the eftate, and stood in his place; or at least the court
ought to appoint fuch truftees as fhould be thought pro-
per. By Cowper, lord chancellor; it is only directory
to the trustees, that when reduced to three, they should
fill up the number of truftees; and therefore altho' they
neglected fo to do, that would not extinguish or deter-
mine their right; and Sir Robert Atkins, the only furvi-
ving trustee, had a better right than any one elfe could
pretend to, and might well convey over to other trustees;
it was but what he ought to have done: and it was decreed
for the plaintiff with cofts, and an account of profits;
but the mafter to allow a a reasonable salary to Cowper,
whilft he officiated there. 2 Vern. 749.

12. By the 43 Eliz. c. 2. All lands within the parish Taxes are to be affeffed to the poor rate.

But by the annual acts for the land tax, it is provided, that the fame fhall not extend to charge any masters or ufhers of any fchools, for or in refpect of any ftipend, wages, rents, or profits, arifing or growing due to them, in refpect of their faid places or employments.

Provided, that nothing herein fhall extend to discharge any tenant of any the houfes or lands belonging to the faid fchools, who by their leafes or other contracts are obliged to pay all rates, taxes, and impofitions whatfoVOL. III.

Z

ever i

ever; but that they fhall be rated and pay all fuch rates, taxes, and impofitions,

And in general, it is provided, that all fuch lands revenues or rents, fettled to any charitable or pious use, as were affeffed in the 4th year of Will. & Mar. fhall be liable to be charged; and that no other lands, tenements or hereditaments, revenues, or rents whatsoever, then settled to any charitable or pious uses, as aforefaid, fhall be charged.

And the reason of this diftinction feemeth to be, because in that year, the fums to be charged were fixed and determined upon every particular divifion; lands which were then appropriated to charities being exempted out of the valuation: therefore it is no hardfhip upon the neighbourhood, that lands then exempted fhould be exempted ftill, for the other lands pay no more upon the account of fuch exemption: but if lands appropriated to charities fince that time fhould by fuch appropriation become exempted, this would lay'a greater burden upon all the reft, because the fame individual fum upon the whole divifion is to be raised ftill.

Seats in churches. See Church.

Sees of bifhops. See Cathedrals.

Select Veftry. See Veftry, in the title Church,

A

Sentence.

Sentence is either definitive, or interlocutory :

A definitive fentence is that, which puts an end to the fuit in controverfy, and regards the principal matter in question:

An interlocutory fentence determines only fome incident or emergent matter in the proceeding, as fome exception, or the like; but doth not affect the principal matter in controversy. Ayl. Par. 487.

By the ancient canon law, fentence of fufpenfion, or excommunication, ought not to be given without a previous admonition; unlefs the offence is fuch as in its own nature immediately requires fuch fentence. In archbishop Arundel's regifter, mention is made of an appeal

from

from a sentence of fufpenfion, as unjuft for want of a canonical admonition. Gibf. 1046.

And every fentence muft be in writing; otherwise it deferves not the name of a sentence, and needeth not the formality of an appeal to reverse it. Id. 1047. (0) And by the feveral ftamp acts, every fentence or final decree must be on a double fixpenny ftamp.

And the fentence must be pronounced in the presence of both parties; otherwife, fentence given in the absence of one of the parties is void. I.

Sentences upon the church wall. See Church,'
Separatifts. See Dillenters.

Sequeftration.

WHEN a living becomes void by the death of During the va

cancy of a bene

an incumbent, or otherwife; the ordinary is to face. -fend out his fequeftration, to have the cure supplied, and to preferve the profits (after the expences deducted) for the ufe of the fucceffor. God. Append. 14.

fice.

2. Sometimes a benefice is kept under fequeftration Where none will for many years together, or wholly; namely, when it is accept the benes of fo fmall value, that no clergyman fit to ferve the cure will be at the charge of taking it by inftitution: In which cafe, the fequeftration is committed fometimes to the curate only, fometimes to the curate and churchwardens jointly. Johnf. 121. [See for this Matation.]

3. Sometimes the fruits and profits of a living which During fuit is in controverfy, either by the confent of parties, or the judge's authority, are fequeftered and placed for fafety, in a third band. And thus where two different titles are fet on foot, the rights are carefully preferved, and given to him for whom the caufe is adjudged. God. Append. 14.

(0) That is, by the canon law, muft be reduced to writing, and then pronounced in the prefence of the parties by the judge ftanding. C. 2, 1. 8. C. 3. 9. 11. Inft. J. C. 3. 15.