1907. Westminster magistrate. I hope that it may be possible for him not to make the order, and to arrive at a decision, and then state that, the appellants City Council v. being dissatisfied with his decision, he has agreed to state a case; but Gordon Hotels, that it may be competent for him to say that he only decides the question subject to a case which he states. case could be brought to this Court. Limited. In this way I think that a Solicitors for the appellants-Allen and Son. Appeal dismissed. Solicitors for the respondents-Stanley, Woodhouse, and Hedder wick. bigh Court of Justice. CHANCERY DIVISION. BLENCOWE U. NORTHAMPTONSHIRE COUNTY COUNCIL. 1906-7. Aug. 3; Jan. 31; Education-Voluntary school-Religious instruction-Directions of Feb. I, 11, 13. local education authority-Non-compliance of managers-Closing of school-Inducing teachers to break their contracts-Education Act, 1902 (2 Edw. VII. c. 42), s. 7. Under the time table of a voluntary school, of which the plaintiffs were the managers, religious observance and religious instruction were to be from 9 a.m., when the school opened, till 9.55 a.m., the registers were to be marked at 9.55 a.m., and secular instruction was to commence at 10 a.m, and continue till noon, but on saints' days and holy days the registers were to be marked at 9 a.m., in order that the children might be taken to church at 11 a.m. The local education authority under the Education Act, 1902, issued a direction that secular instruction in all schools within their district should commence not later than 9.45 a.m., and continue through the school hours. The plaintiffs did not comply with the direction, but continued to take the children to church on saints' days and holy days at 11 a.m., and took no step to alter the time table. The local education authority having refused to continue to maintain the school, and the Board of Education having confirmed the action of the local education authority, the plaintiffs brought an action for a declaration that the local education authority were bound to continue to maintain the school. Held, that the direction given by the local education authority was a direction, not as to religious, but as to secular instruction within the meaning of section 7 (1) (a) of the Education Act, 1902, and that the issue, therefore, between the managers and the local education authority was a question to be determined by the Board of Education under section 7 (3), and that the Court had no jurisdiction to determine it. The managers of a voluntary school, appointed under the Education Act, 1902, have not, in the absence of a special arrangement with the owner, such possession of the school building as will support an action for trespass. They have merely certain statutory rights over the building, and such rights only as will enable them to perform their statutory duties. A local education authority, having ceased to maintain a voluntary school, sent their inspector, who informed the teachers and the children that the school would be closed, and told the children that they were to go to another school, and offered to the teachers employment, which they accepted, in other schools; and he wrote in the log book, "School closed, teachers transferred." The managers brought an action for damages for trespass and illegal acts in closing the school and inducing the teachers to leave the service of the managers without due justification. 1906-7. Blencowe z. Held, that the managers, no special arrangement with the owner for possession of the school building being pleaded or proved, could not maintain the action. Held also, that the offer by the local education authority to the teachers of employment was justified, and that the local education authority had not induced the teachers to break their contracts with the managers without justification. Trial of action. The plaintiffs were the Rev. Charles Edward Blencowe, John Cherry, Robert Barrett, Joseph Malsbury Killbey, Thomas Curtis, and John Russell, suing as the managers, appointed under the Education Act, 1902, of the Marston St. Lawrence Public Elementary School, in Northamptonshire. The defendants were the Northamptonshire County Council, who, under the Education Act, 1902, were the local education authority for the county of Northampton. The plaintiffs commenced this action on 11th August, 1905, claiming by their writ, (1) damages for trespass and for illegal acts committed by the defendant Council and their authorised servants or agents in closing the above-mentioned school, and inducing or procuring maliciously -"maliciously" was given up at the trial-or without due justification the teachers of the school to break their contracts with the plaintiffs; (2) a declaration (a) that certain regulations issued by the defendant Council as to religious instruction in schools within the Council's area were ultra vires and void in law, and (b) that the plaintiffs were entitled, and had been from 25th March, 1905, so entitled, to have the abovementioned school, which was a "non-provided" school, maintained by the defendant Council as a non-provided public elementary school by the Council in accordance with the Education Acts, 1870 to 1902. The school premises were built about the year 1847, and were the property of private owners, with whose permission they had been, from 1847 onwards, used as a national school in connexion with the Church of England. In 1877 the school was put under Government inspection, and became a public elementary school within the meaning of the Elementary Education Acts. After 1877 the owners continued to allow the use of the school voluntarily and without rent for the purposes of a public elementary school. For many years previously to 1877, and subsequently down to the events about to be mentioned, it was the custom for the managers for the time being of the school to take the children from the school to church on saints' days and holy days during the time allowed for religious instruction. From about February, 1893, the practice had been on saints' days and holy days to mark the registers at the school 1906-7. at 9 a.m., and to take the children to church at II a.m. The time tables of the school providing for such marking on such days were Blencowe v. from time to time approved by His Majesty's inspectors, and were so Northamptonshire County approved on February 4, 1904. On ordinary days the register was Council. marked at 9.45 a.m.—10 a.m. The reason for marking the register at 9 a.m. on saints' days and holy days was that two hours' consecutive secular instruction was obligatory, which would be interfered with if the register was marked at 10 a.m. and the children taken to church at II a.m. In pursuance of an order of the Board of Education dated June 6, 1904, the plaintiffs Blencowe, Cherry, Barrett, and Killbey were appointed to be the foundation managers of the school. The other two plaintiffs were appointed by the defendants and the minor local authority namely, the Marston St. Lawrence Parish Council ---respectively, to be the non-foundation managers. In September, 1904, the defendants, acting through their education committee, issued certain directions as to the instruction to be given in the public elementary schools within their area. Two of the directions (contained in what was known as Circular No. 45 N.), being the regulations complained of in the writ, were headed "Religious Instructions in Schools," and were as follows :-" (2) Time of religious instruction.—-Secular instruction in all schools shall commence not later than 9.45 a.m., and occupy the school hours for the rest of the day." "(4) Place of religious instruction.-In consideration of the answer given in the House of Commons by Sir William Anson to Mr. Halsey on Friday, June 10 last, religious instruction of children. attending an elementary school shall not be given in any place other than the school and during the hours in which the school is open, unless it be in connexion with the withdrawal of children under the conscience clause." The plaintiffs pleaded that those regulations (2) and (4) constituted an interference with the rights and powers of the plaintiffs under the Education Act, 1902, and were ultra vires of the defendants and void; that they were described by the defendants as regulations for religious instruction; and that the defendants had no power to give directions as to religions instruction in the case of a "non-provided" school. On All Saints' Day (November 1) and St. Andrew's Day (November 30), 1904, in conformity with the custom and the authorised school time tables, the children attending the school, except such as claimed exemption under the conscience clause, were taken to church at 11 a.m The plaintiffs claimed that it was within their lawful powers so to take the children to church, and on St. Thomas's Day (December 21), 1904, the children were again taken to church as on former occasions. 1906-7. Blencowe v. They were again taken on March 8, 1905, being Ash Wednesday, under similar circumstances, but, (with a view to meet any technical Northampton- objection that might be raised on the ground that the religious shire County instruction was not being given during the hours in which the school was open), one teacher remained behind with certain children and kept the school open. Council. On March 25, 1905, the defendants' education committee, acting on behalf of the Council, gave the plaintiffs notice that, as they had not agreed to conform to the committee's regulations with regard to the giving of religious instruction, the committee had that day ordered the withdrawal of all financial assistance from the school. The defendants had accordingly ceased, and still refused, illegally as the plaintiffs alleged, to maintain the school as a public elementary school under the Education Acts, and on March 27, 1905, their inspector visited the school and declared it closed. He also declared that the mistresses were transferred to other schools in the neighbourhood. He informed the children in the school that they were under obligation to attend other schools in the neighbourhood. At the same time he made the following entry in the log book of the school :-" March 25, 1905. The school was closed this morning, the Northants Education Committee having transferred the teachers. D. Elliott." The plaintiffs then brought this action. The school had since been kept open as a certified efficient school by means of private subscriptions. The plaintiffs pleaded that the acts of the inspector in closing the school and transferring the teachers were unlawful, and constituted a trespass in law for which the defendant Council were responsible. They further pleaded that the Council, by causing or permitting the teachers to be so removed and transferred, induced or procured the teachers to break their agreements with the plaintiffs without justification. The defendants by their defence denied that any of the directions or regulations complained of constituted an interference with any right or power of the plaintiffs under the Education Act, 1902, or otherwise, or was ultra vires of the defendants or void. The directions and regulations were not, they pleaded, regulations for religious instruction, but, as they formed part of a group of directions directly or indirectly affecting religious instruction, they were grouped under a general heading, "Religious Instruction in Schools." They further pleaded that the taking of the children to church was unlawful and a breach of the Council's bye-laws, and of their directions as to secular instruction. They also pleaded (a) that, having regard to sections 7 (3) and 16 of |