SOME passages in the ensuing volume may lead the reader to infer that it is published only for the sake of the equity student; but the Author must in candour avow that his principal object in compiling it has been rather the improvement of himself than of others. The task was undertaken with the view of supplying some of those deficiencies, which the devotion of many years to the Public Records has unavoidably produced. Hence the cases reported are not selected because the points are new, but simply as occasions to annotate, and to fix in the mind principles of doctrine or practice. At the same time the writer feels it would neither be just to the pains he has taken, nor to such knowledge of the law as he may possess, were he not to state his belief that there are portions of these pages, which will be found useful to the bar, and possibly to the bench. GROVE END ROAD, Whitsun Vacation, 1841. CONTENTS OF VOL. I. ALLSOP, In the Matter of, an Infant.-(V. C. May 7, 1838.) Page 44 The fortune of an infant being 10001. only, order made upon affidavit, without reference, appointing the mother guardian, and directing payment to her of the interest of such sum for maintenance ARCHER, BENJAMIN, v. JOHN GARDINER and JANE his Wife, MARIA GRAHAM, and others.-(V. C. July 18, November 3, 1837.) There being an assignment by way of security for the husband's debt of a moiety of the wife's contingent fund, and the wife, when the contingency happened, insisting upon a settlement, and a moiety being settled,-held, with reference to subsequent assignments of portions of the entire fund, that the first assignment passed all the remaining moiety, and not the half of it. A married woman insisting upon her equity to a settlement, and the Court giving her a moiety of the fund, her costs deducted before the division ARCHER V. JEGON.-(V. C. June 10, July 14, 1837.) Legacy to E. G. for life, then to her husband for life, and from and immediately after his death to the children of E. G. who shall be then living. The husband having died first, the question upon the subsequent death of E. G. was, whether the legacy was divisible amongst such children as had survived her, or whether a child who was living at the husband's death, but died afterwards in E. G.'s life-time should participate. It was decided that such child took a share 340 172 ATTORNEY-GENERAL v. FISHMONGERS' COMPANY. Hulbert's Charity. -(M. R. Nov. 8, 1837.) Certificate of Attorney-General submitting terms, upon a compliance with which all further proceedings in an information should be stayed, adopted by the Court Attorney-General recommends that under circumstances the costs of relators should be taxed between party and party only. 85 Relators subject at every moment to the authority of the Attorney-General 90 Desirable that parties should have an opportunity to show cause why charity informations should not be filed against them ATTORNEY-GENERAL v. FISHMONGERS' COMPANY. Sir Thomas Application to amend, after publication, but no witnesses examined, by introducing a document and otherwise touching the same, refused, the amendments not being sufficiently specified 91 385 Page .. 386 409 Cases npon the New Orders of 1828 and 1833 Question within what time plaintiff undertaking to speed, but not wanting a commission, should file replication Notice of having filed a replication not necessary Effect of the 19th Order excluding the long and Christmas vacations in computing the time to amend, but not the time to dismiss 412 416 424 432 Amendment without prejudice to common injunction .. 449 452 Supposed distinction in Master's jurisdiction where exercised under the 3 & 4 Will. 4, c. 94, and where under General Orders of the Court uncon- Remarks on some passages in Mr. Daniell's Chancery Practice How far the General Orders bind the Court ATTORNEY-GENERAL v. IRONMONGERS' COMPANY. Margaret Dane's Charity. (V. C. June 3, 1837.) Scheme for application of a charity fund left for loans to young freemen of a company and of the interest ATTORNEY-GENERAL V. ANN LADYMAN, MYLES SANDYS, and others. --(M. R. July 24, 1838.) Scheme for the application of the improved revenues of a Free Grammar School Rudiments of English, Writing, and Arithmetic, directed to be taught in a Free Grammar School Two thirds of rents given to the Schoolmaster Information against governors of a charity as individuals, and not in their corporate capacity Purchaser of long building lease of charity land, ordered to deliver up the same, and account for full rent from the filing of the information ATTORNEY-GENERAL v. LEWIN.-(V. C. April 7, 1837.) The 59 Geo. 3, c. 12, s. 17, held not to extend to land, the profits of which are applicable to other purposes than in aid of the poor-rate and church-rate. 51 A corporation cannot hold land by copy of court-roll ATTORNEY-GENERAL T. LUBBOCK. Morden College-(L. C. April 21, 22. November 6, 1837.) Direction in the will of the founder, giving the sole government and management of a charity to the visitors, does not shut out the jurisdiction of this Court, when such visitors are also the trustees of the charity estates Act of parliament deemed requisite for the increase of the salaries of the officers of a charity, and of the pensions of the objects of it, beyond the amount fixed by the founder's will' College built for the reception of poor merchants, who have lost their estates by perils of the sea or other accidents. Looking at the class of persons who are the objects of this charity, its increased income should be devoted to their more comfortable support, rather than to the augmentation of their number The officers of a charity not permitted to occupy apartments and other premises designed for the accommodation of the objects of it. Matters in which the Court will interfere where same persons both visitors and trustees |