institution; but considerable funds were required to adapt the premises (taken on lease) for the purposes of a school, and to place the institution on an efficient footing. These expenses continued after the school was annexed to the diocesan board; until, at the end of about five years from its foundation, the income derived from the pupils was found sufficient to meet the expenditure. Under these circumstances, the board decided to transfer the school to a manager and head master, to be approved by the bishop and the committee, the board agreeing to pay the rent of the premises until the expiration of the first term of their lease. This arrangement was affected in January last, and Mr. Sandsbury, a gentleman highly recommended, both for his attainments and his piety, took the direction. The central commercial school, therefore, remains in union with the board as before, and stands in the same relation with the managing committee, except as to receipts and payments. It is proposed to arrange for a monthly inspection, and the public will have the same guarantee as before, that the instruction therein given will be in all secular branches sound and sufficient, and, in religion, according to the doctrines and discipline of the church of England.

The annual examination was held on Friday, the 21st of June, in presence of several members of the committee and a crowed audience; and it was agreed that the school was never in better order, nor the instruction, both in quantity and quality, more satisfactory. The number of scholars is 93. It became necessary, under the altered circumstances of this school, to inform those who had subscribed to set it on foot, that, after another year, their subscriptions would be no more needed; but the committee took the liberty to hint, that those subscriptions might be transferred with advantage to the other objects to which the attention of the board will henceforth be more particularly directed. These may be reduced to the three following heads:

1. To collect and circulate information as to the state of education in the diocese.

2. To bring schools into union.

3. To take measures for the extension and improvement of education.

Sufficient has been said already upon the two former heads; and it only remains now for the committee to report what measures they have taken, and propose to take, for the improvement of schools, and for extending the benefits of education in the metropolis.

The supply of well-instructed masters and mistresses for national and other church of England schools, is by no means yet equal to the demand; and it has long been thought desirable by the best friends of education, to endeavour to draw out from the middle classes, and even those in still humbler walks of life, a succession of teachers, who may be attached upon principle to the established church, and consider themselves bound to devote their time and talents to the work of education in church schools. In order to effect this desirable object in a manner suitable to its importance, it is necessary to begin from early youth with such as may be destined for teachers. Great difficulty has hitherto been found in meeting with youths of a suitable age, whose previous habits or pursuits have been such as not to unfit them for the study and discipline of a training institution. The period which elapses between the age when boys or girls leave the national or parochial school, and the time when they are old enough for the training institution, or for becoming assistant teachers, is unprovided for as yet in any of our educational establishments. At the age of fourteen, the boy who has risen to the first place in the school, and has become the useful monitor or assistant, is removed, because his parents are unable to maintain him without some assistance, and thus the very subject who would be the best suited (if he were to continue) for the work of teaching, is lost to the church.

The committee of the London Diocesan Board have, therefore turned their attention to this subject; and it occurred to them, that by offering small salaries to a certain number of boys and girls, selected from the schools in union with the board, two good objects would be accomplished. First, there would be a number of candidates constantly in preparation for training institutions, or for assistantmasters; and, secondly, the schools where they remained as monitor-teachers might also be greatly benefited by their assistance. Circulars were lately issued

by the board to the clergy and managers of schools, to inform them of the board's resolution, and inviting them to send candidates for the first ten scholarships which it was proposed to found. Sixteen such candidates appeared at the office of the board on 28th of May, and, after a very satisfactory examination, ten were nominated. The examination was partly had in writing, and partly vivá voce, and was conducted by the Rev. Dr. Russell, Rev. A. M. Campbell, the Honorary Secretary, and other members of the board. The boys elected under the title of pupil-teachers will receive for the first year 10%., to be given in weekly payments of 4s.; for the second year 5s.; and for the third year 6s. or 78. per week will be given. The election took place so very recently, that the committee have not yet had time to fix the successful candidates in their respective schools, where they will be expected to teach as well as to improve themselves. A pupil-teacher may either be retained in the school from which he came, or may, with the consent of his parents, be placed elsewhere; but wherever placed, as long as the connection is continued with the board, it will be expected that the youths should appear for an annual examination, and that they apply themselves diligently to their work in the school, as well as to private studies. It is the intention of the board shortly to elect as many girls, and to place them, in like manner, as pupilteachers in schools that are in union: their weekly salaries will be something less than those of the boys.

The committee cannot be persuaded that, as soon as this plan for rearing up a race of useful assistants in schools, with a view, ultimately, to their becoming masters and mistresses, is generally known, there will be a considerable number of candidates proposed for the advantages the board have to offer; it must, however be obvious, that if this plan is to be efficiently carried out, the funds at the disposal of the board will be found inadequate, and that the committee, in the contemplation of these arrangements, was fully justified in soliciting a continuance of all subscriptions. The amount of subscriptions and donations during the financial year just ended was £564 7s., which, together with a balance of the former year, gave to the board the disposal of £751 13s. 1d. It will be seen, by reference to the general account, how that sum has been disposed of, and the amount of the balance remaining in the treasurer's hands. The committee cannot omit to notice among the donations the sum of £65, which a zealous advocate of education of the poor in the principles of the established church, gave for the purpose of paying the premium of apprentices required for three years at St. Mark's college. A sum of about £100 was also raised by Mr. Windsor, for the purpose of giving salaries to pupil-teachers. The board have to regret the loss of the valuable services of that gentleman as assistant secretary; and in ceasing his connection with the board he gave this additional proof of his zeal in the cause of education, by collecting the sum above mentioned amongst his own immediate friends. These two examples of liberality, with special reference to the subject of training up teachers, cannot fail to have a good effect upon the scholars in national and other schools who may be aspiring to the office of teacher; and there is reason to expect that the National Society will give every encouragement to such of the pupil-teachers as may, in the course of their preparatory career, distinguish themselves by their good conduct and their advancement in learning. The work, therefore, that yet remains to be done by the London diocesan board is considerable and most important; and, as inspection is now provided without any cost to the board, the whole of the funds placed at its disposal may be employed in taking measures for the extension and improvement of schools, and for obtaining and circulating information. The principal objects to which the attention and resources of the board will be applied this year will be the bringing schools into union, and encouraging the most promising scholars, with a view to their becoming teachers. If some such plan as this should be adopted by other diocesan boards, it would be easy, at a small cost, to produce out of schools in union with diocesan boards, 500 candidates annually for training institutions, or for the office of assistant-masters; and if the instruction during the preparatory period be properly given, the time in the training institution, and consequently the expense, might be considerably diminished. The whole cost of maintaining 10 boys and 10 girls as pupil-assistants, in the manner already des

cribed, will not exceed £300 per annum, allowing two of them annually to be transferred to a training institution at the cost of the board. The committee of management therefore venture to appeal, with the sanction of the Right Rev. the President, to the liberality of the friends of education, to enable the board to carry out this plan of raising up teachers with efficiency, and to have the means of giving encouragement to such of them as distinguish themselves in the preparatory period, from the age of 14 to 17. The importance of bringing up a class of youths for supplying our training institutions, and assisting in large schools cannot be overrated. All who are conversant with the subject of popular education are aware that, until the office of teacher becomes a profession of itself, and the very fact of being appointed the master or mistress of a school be a guarantee for the qualifications necessary for the office, the education of the poor will remain imperfect as to quality, however it may increase in quantity; and the same argument applies to that system of education which it is hoped the church will ever adhere to, that there should also be a guarantee in the very fact of a person being appointed to a school in connection with the established church, that the individual is a faithfully attached member of the church, and is prepared to give no other instruction in the truths and duties of christianity than that which is in conformity with the doctrines and discipline of the church, as embodied in her articles and formularies.

It is by a due attention to this vital point in the question of national education that the church, in the due exercise of her privilege and her duty in this respect, will be secured against any change that may take place in the mode of the government co-operation; for, by securing upon principle an army of teachers attached to the church, there will be little danger of the success of any attempts, should such at a future time be made, to secularize education, or to impair that just influence which the clergy ought to have in forming the religious principles of the young, as well as in imparting instruction to the adult population.

DEACONS AND CATECHISTS.

A petition has been prepared for presentation to the Archbishop of Canterbury. It has already obtained a large number of signatures, amongst which are those of the Duke of Sutherland, the Earl of Denbigh, the Earl of Gainsborough, Viscount Sandon, M.P., Viscount Morpeth, Lord Calthorpe, Lord Rayleigh, Lord Teignmouth, Lord Bloomfield, Lord Francis Egerton, M.P., Lord Henry Cholmondeley, Lord Ashley, M.P., Lord Robert Grosvenor, M.P., Lord Howard, M.P., Hon. W. Cowper, M.P., Hon. Mr. Ashley, Hon. F. Calthorpe, Hon. Colonel Upton, Hon. Joceline W. Percy, Hon. Captain Waldegrave, Sir Thomas Baring, Sir Harry Verney, M.P., Sir John Kennaway, Sir W. R. Farquhar, Sir T. Lawley, Mr. J. C. Colquhoun, M.P., Mr. R. M. Milnes, M.P., &c.

The following is the petition :

"MAY it please your Grace.-The period during which it has pleased Almighty God to continue to the church of England the mild and paternal superintendence of your grace, in the discharge of her highest ecclesiastical functions, has been marked by great and important changes in our social, moral, and political circumstances.

"A lengthened interval of peace, the advancement of literature, the arts, sciences, and civilization, and, above all, the rapid increase of our population, have produced an alteration in the relative position of the several orders in society, which demands the grave consideration of every one who desires to promote the well-being of the nation, but more especially of those who are the appointed guardians of her religious institutions and the pastors of her people. "Under these circumstances, and impelled by a heartfelt attachment to the scriptural principles of our established church, and by an earnest desire that

its efficiency should be increased, and the interests of true religion more effectually promoted through its agency, we, the undersigned, lay members of that church, venture, with all respect, to bring under the consideration of your grace some means by which, we trust, under the divine blessing, these great objects may be attained.

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Admirably as our parochial system seems calculated to meet the wants of the country, and to bring the ministrations of the clergy within the reach of all classes, still, the increase of our population, and its unequal distribution, render it impossible that they should extend their pastoral care to the great majority of their flocks in large towns and populous districts. We do not forget the attempts made by the legislature, by voluntary associations, and by individuals, to remedy this defect; but we are convinced that further measures are required to reach the full extent of the evil. We believe that the efficiency and usefulness of the national church might be very greatly increased by arrangements which, without introducing any organic changes, should bring into active operation the powers and capacities now lying dormant in her exsting institutions.

"To effect this, we believe, that two important objects must be accomplished —first, the clergy must be increased in number, and secondly, provision must be made for a more systematic employment of laymen, in the exercise of functions which do not belong exclusively to the clergy. For the attainment of the objects, we would respectfully request your grace and the other members of the episcopal bench to take into your consideration:-1st. The expediency of increasing largely the numbers of the third order of our clergythe deacons. And we venture to suggest that this may be effected by admitting, on such conditions as will maintain the order and discipline of our church, persons who have not the means or opportunity of proceeding to a university degree, but who are found competently trained for the service of the sanctuary -their advancement to the higher order of the ministry being made contingent upon a faithful discharge during a lengthened period of the office of a deacon, or upon such other circumstances as your grace and the members of the episcopal bench may think fit.

"2dly. The propriety of sanctioning and encouraging the employment of a class of laymen, who, without altogether abandoning their worldly callings, might be set apart, under episcopal authority, to act as visitors of the sick, Scripture readers, catechists, and the like, in parishes where their introduction should be approved of by the parochial clergy.

"The system of district visiting, and the appointment of lay Scripture readers, under clerical superintendence, have already been adopted, we believe, with much success, in many populous parishes; but the present state of society requires that both these means of usefulness should be greatly extended, and brought into more immediate connection with our ecclesiastical arrangements. For we are fully persuaded, that the true strength of our church can never be completely known until, by some such means, her lay members are enabled, under direct sanction and controul, to take part in the discharge of all those offices which are not by her constitution restricted to the three orders of the ministry.

"To provide the necessary funds (which should be administered by a board, made up by a well-considered union of the clergy and laity) contributions may, we have little doubt, be extensively called forth in offerings and collections made for this specific object, at such periods and under such regulations as may be found desirable; and we venture to hope, that an object so directly affecting the efficiency of the church, would attract the sympathies and obtain the support of all classes within her communion.

"In venturing to urge upon your grace the adoption of these measures, which would supply a link much needed between the parochial clergy and the community at large, we are far from desiring to make any innovation in our

ecclesiastical polity; we only seek to restore to full vigour and efficiency one of the orders in our church, and to promote the appointment of officers already recognized by ecclesiastical authority, and for which, at no period since the reformation, has the position of the church more imperatively called."

Law Reports.

EXCHEQUER CHAMBER.-COURT OF ERROR.

(Before Lord Chief Justice TINDAL, Barons PARKE, ALDERSON and ROLFE, and Justices MAULE and ERLE.)

RAE V. THE GOVERNORS OF THE FREE GRAMMAR SCHOOL AT DARLINGTON.

THIS case has many times been before the courts. A mandamus was obtained by the plaintiff as upper schoolmaster of the Darlington Free Grammar School, to restore him to his office. The governors had made a return, that by the charter of Elizabeth they had power to appoint a master, and also to remove him, "according to their sound discretion." The return then set out divers acts of misconduct, which, it alleged, the master had failed to answer, though he had had reasonable time for so doing, and that, therefore, the governors, in the exercise of their best discretion, had removed him. The plea to the return traversed the several instances of misconduct, and set out a bye-law of 1748, made by the major part of the governors, which declared that no master in office should be removed unless a good and sufficient cause of complaint should be exhibited in writing against him, and should be declared by the governors to be a sufficient cause of removal. The plea then averred that no sufficient cause of complaint was exhibited in writing. The case then went for trial at the summer assizes at Durham, in 1842, when the jury found for the prosecutor on all the issues. A rule was afterwards obtained for entering the judgment for the defendants, non obstante veredicto, on account of the bye-law being invalid, it having been made without the consent of the Earl of Westmorland (as directed by the charter, but whose title was at the time extinct), and also because it was inconsistent with the trusts and powers vested in the governors; and after argument and the Court taking time to consider, the Court of Queen's Bench decided, that judgement must be entered for the defendants, on the ground of the bye-law being inconsistent with the trust and power vested in the governors, and they had acted in the exercise of their discretion.

The prosecutor then brought a writ of error, which had been partly argued some time since.

Mr. Pashley (with whom was Mr. Hugh Hill) having been heard at some length in support of the case for the plaintiff.

Lord Chief Justice Tindal delivered the following judgment:-The first and principal ground of objection taken by the plaintiff against the validity of the judgment of the court below was, that the return to the mandamus, when taken in connection with the finding of the jury, furnished no legal ground for altering the verdict found for the plaintiff, and that, consequently, the judgment ought to have been for the plaintiff. The plaintiff contended that the proper construction of the charter was, that he had been admitted for life or during good behaviour, so that he had a freehold office, and that he could not be legally removed without being summoned to answer any charge made against him, and without proof of the charges; all which alleged necessary steps had been found by the jury not to have existed. Looking at the terms of the letters patent, the court thought the office was determinable on the sound discretion of the governors, whenever such discretion was exercised. It was not a freehold, but an office ad libitum only. The governors might render themselves liable to a prosecution if they exercised their discretion in a vindictive manner, or were actuated by corrupt motives. The letters patent gave them authority to elect a schoolmaster, and to remove the