M'Culloch and Others v. The Kirk Session and Heritors of the Parish of Dalry, and Others

This was an action at the instance of John M'Culloch and others, residenters in the village of Dalry, against the kirk session and heritors of the parish, in the following circumstances:—

The defender pleaded inter alia: —“(5) The arrangements condescended on and entered into with the School Board of Dalry and others, for the efficient carrying on of said Endowed Grammar School, rendered necessary by the altered circumstances of the times, having been within the powers and discretion of the trustees, in accordance with the intentions of the donor, and lawful and expedient, the same ought not to be set aside or disturbed.”

Prior to the passing of the Education Act, it appears, as stated by the pursuers, that the school at Dalry established by the heritors and kirk session as trustees under Mr Johnston's settlement and relative instructions, was the only school available for the inhabitants of the village of Dalry, consisting of about 600 persons. The Page: 720 ↓

Keeping in view the general nature of the trust as now explained, it has to be next considered whether the arrangement which the trustees actually made with the School Board, in the altered circumstances resulting from the passing of the Education Act, was either a violation of the provisions of that Act or the trust under which the defenders act.

The parties having put in a minute accordingly, the Court pronounced the following interlocutor:—