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The Times, Friday, Jun 07, 1878; pg. 11; col A

         JUDICIAL COMMITTEE OF THE PRIVY COUNCIL, JUNE 6.

(Present - Lord SELBORNE, Sir JAMES COLVILLE, Sir BARNES PEACOCK,
Sir MONTAGUE SMITH, and Sir ROBERT COLLIER.)

                             IN RE HODGSON'S CHARITY.

This was an appeal - the first of the kind which has ever come before their
lordships - by the trustees of an endowed school at Wiggonby, Cumberland,
founded by Mrs Margaret HODGSON, against a scheme framed by the Charity
Commissioners for its management and approved by the Lords of the Committee of
Council on Education on the 10th of August last.

Mr. WILLS, Q.C., and Mr. W. LATHAM were counsel for the trustees; Mr. Horace
DAVEY, Q.C., and Mr. ROMER for the Charity Commissioners.

The charity was founded in 1792 by Mrs. HODGSON by a deed in which she conveyed
to trustees certain property wherewith to erect a good and sufficient
school-house, and to employ an efficient master at a salary of £40 per annum,
for the education of all persons named HODGSON wherever they might come from and
during such time as they should think fit to continue in the school; and also
for the instruction of the children of all poor persons within the parish of
Aikton, Cumberland, whose parents were not possessed of the ral estate of £20 a
year, and of all other persons within the parishes of Burgh-by-Sands and
Beaumont whose parents did not hold an estate of £12 a year, in the principles
of the Church of England, and to read, write, cast accounts, learn their
catechism, and other proper and useful instruction, without receiving any money
or other gratuity, award, or present from the children, their parents, or
friends. They had also to pay out of the proceeds the sum of 20s. per annum to
such boys and girls within Aikton parish as they should think proper for finding
them necessary apparel, and to purchase books. Mrs. HODGSON also directed that
the trustees should have full management of the school, and that the
schoolmaster and all the scholars should attend Divine service in Aikton Church
once every Sunday, and that the rector should catechize the school once
annually. Mrs. HODGSON died in 1797, and by her will she directed that no person
in Holy Orders should ever be master of the school or a trustee. The school had
no other endowment, and the trust estate produced £253 a year. In 1875 the
Charity Commissioners prepared a scheme for the management of the school, and
altered it to meet the views of the trustees; but the opposition of the latter
still continued, and, notwithstanding it, the scheme was finally approved in
August last. The Commissioners contended that it would give greatly increased
educational benefits to the inhabitants of the various parishes by providing an
education superior to that of ordinary elementary schools and adapted to the
needs of the parishes, while the exhibitions, scholarships, and payments would
be more beneficial than the gratuitous education and gifts of clothing and books
to which the endowments had hitherto been applied. The trustees now appealed
against the scheme, asserting that the school and endowments were not within the
jurisdiction of the Commissioners; that the rector of Aikton was named an ex
officio Governor by the scheme without the consent of the present governing
body; that the scheme makes provision, also without their consent, respecting
the religious instruction and attendance at religious worship of the scholars;
and that the scheme abolishes or modifies privileges and educational advantages
to which several particular classes of persons are entitled without due regard
to the interests of those persons.

Thei LORDSHIPS, in the result, intimated that they would humbly advise Her
Majesty that the scheme be remitted back to the Charity Commissioners for
amendment on certain of the points raised. There would be no order as to costs.

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