THE KIRK-SESSION OF THE OUTER HIGH CHURCH AND PARISH OF GLASGOW, v THE MAGISTRATES AND TOWN-COUNCIL OF GLASGOW (Court of Session)

The late Dr Andrew Bell of Egmore (July 14. 1831,) entered into a deed of indenture, in the English form, with Principal Haldane of St Andrews, and other parties, as trustees, by which he made over to them two several sums of Government stock, amounting together to L.120,000.

This sum he directed to be divided by the trustees into twelve equal parts, which were to be paid over to different corporations in England and Scotland, for the purpose of extending the adoption of the Madras System of Education in the public schools of the country.

Immediately on the receipt of this sum, the Lord Provost proposed to the Town-Council that they should take measures for communicating the benefit of this legacy to the parochial schools of Glasgow; and accordingly the minute of the 18th November 1831, in which the subscription of the foresaid declaration of trust is mentioned, concludes as follows:

‘On the motion of the Lord Provost, remit to the Magistrates to have an early conference with the ministers of the ten parishes of Glasgow, with a view to ascertain whether, and how far, Dr Bell's plan of instruction and discipline can with propriety be adopted in the parochial schools of this city already erected, or which may be erected.’

But, in the next place, as far as the pursuers are concerned, they are now in a question with the very parties with whom they entered into an onerous contract, and it is for implement of that contract that they are now pursuing. The Town-Council concluded the contract voluntarily, and with a full acquaintance with the rights and character of the pursuers; and it is quite impossible to allow them to escape from the obligations which they then undertook, by denying to the party contracted with, powers which they thus deliberately recognised; Gemmell, 19th Nov. 1830.