Under the statute of charitable uses, 43 Eliz., a commission may be granted, the visitors being trustees also.

This construction adopted by the late charity commissioners The jurisdiction of the Court, where visitors have the application of the funds, is independent of the construction of the statute of Elizabeth

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35

37

38

39

Question how far the Court will, in general, intermeddle with charities having charters with proper powers

Question upon expressions in the books ascribing to visitors in some cases a jurisdiction apparently superseding that of the Court

Question of the Court intermeddling with matters of management and government unconnected with the revenue of charities

Error of Lord Rosslyn in affirming that the Court had not cognizance for the establishment of charities upon information prior to the statute of Elizabethi.

No decree for a charitable use could be made upon bill prior to the statute of Elizabeth

39

ATTORNEY-GENERAL v. MILLS and others.-(M. R. August 4, 6, 1838.)

.. 261

Mode of putting an end to sheriff's liability before return of attachment, where he has taken parties for contempt in non-payment of money and let them go at large on bail ATTORNEY-GENERAL D. NEWBURY CORPORATION.-Cowslad's Charity. -(M. R. March 12, May 11. L. C. April 26, 1838.)

The 71st section of the 5 & 6 Will. 4, c. 76, does not extend to charities, the property of which is vested in trustees, and the old corporation were visitors, and had the nomination of the objects only

Resulting trust for heir upon voluntary conveyance for a charitable purpose by bargain and sale inrolled, and containing only a partial declaration of trust It is a breach of trust if a trustee of charities for different purposes applies the funds of the one for the purposes of the other

In general, the period from which trustees ought to account for charity property, is the commencement of the breach of trust. Ignorance of the trustees that they were committing a breach of trust, ground for restricting the

account.

The personal representative of one of several trustees committing joint breach of trust not before the Court :-Decree pronounced upon an undertaking to make him a party.

Lord Hardwicke and Lord Eldon's doctrine, that surviving trustees may be proceeded against without the representatives of others implicated in the same breach of trust

ATTORNEY-GENERAL . NEWBURY CORPORATION.-(M. R. December 22, 1838.)

383

In orders for payment of money month means a lunar month ATTORNEY-GENERAL v. The Governors of the Possessions, Revenues, and Goods of the FREE GRAMMAR SCHOOL of Queen Elizabeth of the Parishioners of the Parish of ST. OLAVE, SOUTHWARK, in the county of Surrey.-(V. C. March 17, 1837.)

Scheme for altering the management and disposition of the funds of a charity having charters from Queen Elizabeth and Charles the Second ATTORNEY-GENERAL v. SKINNERS' COMPANY.-(L. C. April 14, 1837. V. C. April 15.)

Party arrested whilst attending judicial proceedings may be discharged either by the Court in which such proceedings are pending, or by that issuing the process upon which the caption is effected.

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A solicitor who had ceased to take out his certificate and to practise, privileged whilst attending the hearing of an appeal in the House of Lords as a parliamentary agent.

Going into a house on the way home to take refreshment, not a deviation that will destroy the privilege

Poor relator must give security for costs

Issue directed under the circumstances whether solicitor authorized to use relator's name, although such relator afterwards acknowledged the authority. Solicitor giving relator an indemnity, information taken off the file. Costs of the information and of other proceedings connected with it ordered to be paid by the relator and the solicitor.

Mode of proceeding to compel payment of costs by one not a party to the

suit

ATTORNEY-GENERAL T. TYLER.-(V. C. July 13, 1838.)

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6

7

358

Relator changed before cause at issue, receives his costs under the circumstances out of the charity fund BEANLAND, JOHN, the Elder and others, v. SAMUEL HALLEWELL and others. (M. R. June, 11, 12, 1838.)

Estate devised with directions that executors should pay interest of a mortgage upon it out of the rents until the mortgage should be paid off, and that such mortgage should be the first which his executors should discharge: the estate liable to such interest for one year only from testator's death

BENSON and SMITH v. The GLASTONBURY NAVIGATION and CANAL COMPANY. (V. C. April 28, 1837. L. C. June 22, 1837.)

Vendor not entitled to have purchase-money brought into Court; the agreement admitted by the answer differing from that stated by the bill. Doubtful consequences of certain acts of ownership

BERNAL V. BERNAL. (L. C. February 28, 1838.)

Charity of an alien domiciled abroad for the relief of male descendants of his nephews, and male and female descendants of his nieces, established here. A bequest to male children (descendants) in a foreign will held to mean descendants claiming solely through males.

Recourse to foreign law for the construction of a foreign instrument may sometimes be dispensed with

55

Letters of administration granted with copy of translation of a Spanish will lodged with a notary abroad annexed ..

61

BOOKLESS, WILLIAM, on behalf of himself and other creditors of HENRY BOOKLESS, deceased, v. WILLIAM CRUMMACK.-(V. C. April 13, 1837.)

Injunction against creditor, whose judgment was such as ultimately to entitle him to execution de bonis propriis of the executor

Costs at law to the creditor down to time of notice of the injunction to be paid by the executor,-also costs of the application in equity.

It is not a sufficient ground for depriving a plaintiff of the conduct of a creditors' suit, that the proceedings up to the decree have been conducted by the executor's solicitor, with the view of obtaining an injunction against a creditor proceeding at law

125

Form of ordinary injunction in creditors' suit against a creditor proceeding at law

128

Results of an executor pleading pleas deemed false, and pleas not deemed false, within his own knowledge

The defence at law of executor having been such as to entitle creditor ultimately to execution de bonis propriis, suggested distinction where such defence has in view the protection of a decree

133

Some cases in which the injunction has restrained execution against the

assets only, leaving the creditor at liberty to proceed against the representative personally

Question as to the Court's interference where the creditor has obtained judgment prior to the decree

Different decisions as to the creditor's costs at law, and of the application to restrain him

BUXTON V. BUXTON.-(M. R. July 27, 1837.)

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139

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Direction in will that trustees should not be liable to be called upon to sell real estates until two years after testatrix's death. Rents of such estates given until sale to testatrix's daughters. Then, after sale, a legacy of 10,5001. to them in the first place out of the proceeds. In next place, legacies given to testatrix's sons out of remaining proceeds, but such legacies not to bear interest until the 10,500l. paid; as to some of the legacies, mention of payment within twelve months after the sale. Held, that the estates be considered as sold at the end of the two years; that the legacy of 10,500l. to the daughters bear interest from that time, and a legacy payable at same time as the legacies to the sons bear interest from three years after the testatrix's death

Interest from the time of testatrix's death upon a general pecuniary legacy to an adult child..

Bequest of a share of monies to arise from the sale of real estates to J. B. revoked, and in lieu thereof the sum of 20001. given. Similar bequests of shares of monies to arise from the said sale of real estates to T. B. B., G. B. B., and S. B. revoked, and in lieu thereof sums of 2500l., 2000l., and 30007. given out of such monies; a further legacy of 1000l. also given to G. B. B., but out of personal estate. Held, that the substituted legacy of 2000l. to J. B. is payable out of the general personal estate.

Apportionment of costs between real and personal estates

CHAMEAU and others v. RILEY.-(M. R. July 19, 20, 1838.)

Cause adjourned in order to make a person party, who had agreed with plaintiffs to advance the expenses of the suit upon condition of sharing the benefits

CLEMENT V. GRIFFITH.-(V. C. May 4, 1837.)

Period for filing affidavits in support of motion ..

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97

106

98

COLLINS v. VINING, CARY and Others.-(M. R. July 6, 1837.) Discretion of trustees as to application of income for benefit of testator's wife and children

COOK v. COLLINGRIDGE. (V. C. August 5, 1837.)

Costs of petition inserted in the Vice-Chancellor's paper seeking to discharge orders made by other branches of the Court COOK, JOHN, V. JAMES COLLINGRIDGE, C. L. GRAY, and MARIA his wife, and others.-(L. C. August 9, 1837.)

Extent of relief to which an incumbrancer upon a fund in Court is entitled by petition in the cause DAWSON, SARAH, on behalf of herself and all other Simple Contract Creditors of WILLIAM DAWSON, deceased, v. JANE DAWSON and JOHN DAWSON.-(V. C. November 24, 1837.)

Form of creditors' decree since act rendering real estates assets for payment of simple contract debts DEWHIRST, WILLIAM, the Elder, WILLIAM DEWHIRST the Younger, and JOSEPH DEWHIRST, v. WATTS WRIGLEY and THOMAS WRIGLEY.(L. C. November 22, 1837.)

Injunction against the obstruction of the flow of water through a goit in defendants' land to plaintiffs' mill.

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The Court enjoining to prevent nuisance should make provision for having the question between the parties tried at law

319

DICKONSON V. PLAYER.-(M. R. March 9, 16, 1838.)

Question upon power to executors to employ the testator's property in any manner they should think proper

ERPE V. SMITH.-(L. C. December 22, 1837. January 11, 1838.)

Defendant in contempt, against whom there is a decree nisi, is not entitled to an order for setting down the cause again, unless served with subpœna to make the decree absolute.

Order for setting down the cause again after a decree nisi, too late if obtained after the time mentioned in the subpoena to show cause, although served before any order pronounced for making the decree absolute

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110

The order for showing cause against a decree nisi should direct the cause to be set down after those already appointed, and not fix the day for hearing. Lord Eldon's decision in the Margravine of Anspach v. Noel no authority.. 112 Injunction against ploughing up ineadow land and committing other waste therein, until the defendant should fully answer the bill, or the court make other orders to the contrary. Answer put in-Action brought by plaintiff for injury sustained by the waste oomplained of-Defendant committed to Fleet for breaking up such land a second time.

HINDLE V. DAKINS.-(L. C. November 26, 1838.)

.. 113

Form of purchaser's order for liberty to pay purchase money into Court, and for the investment thereof, when the time for payment had arrived, but the vendors had not completed the abstract of title

HORNER U. SAYNER.-(L. C. July 14, 1838.)

381

Power to lend legacy on personal security to those taking real and personal estates upon which it was charged. No presumption that it was thus lent so as to exonerate the real estates, although more than thirty years had elapsed 168 HYDE, WILLIAM, since deceased, v. MARY PRICE, JOHN PRICE, WILLIAM PRICE, WILLIAM MANN GODSHALL, THOMAS SHEARCROFT, EDWARD WALWYN SHEPHERD, and WILLIAM JOHN PLAYTERS, all since deceased, and the Governor and Company of the BANK of ENGLAND;

and

GEORGE HART V. CHASE CRADOCK, WILLIAM TEMPLE, GEORGE MAule, and WILLIAM BROWN and MARY his wife.-(By original and supplemental bills.)—(V. C. July 16, 17, 1837.)

In a suit for satisfaction of arrears of an annuity, interest given upon a judgment for securing it, and beyond the penalty,

Operation of 3 & 4 Will. 4, c. 42, s. 28, empowering jury to allow interest upon debts ..

193

Statute of Limitations does not begin to run until there is a personal representative of the debtor

Time within which bill should be filed to have benefit of a decree Parol evidence admitted to show state of testator's property when he made his will

197

Miscellaneous Cases

General doctrine in equity not to carry debts beyond the penalty
Exception where the debtor comes into equity for relief

Further exception where the creditor has been delayed by injunction and

the like

The case of Duvall v. Terrey

Cases of Kirwane v. Blake and Jeudwine v. Agate

At law the penalty in general the amount of the debt or damages to be recovered

208 .. 209

Issues of quantum damnificatus.
Obligees in common money bonds formerly came into equity to be relieved

against the penalty

Consequence of issues quantum damnificatus

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Authorities relied on by Mr. Justice Buller for not limiting the debt to the penalty either in law or in equity

. 223

. 226

Cases where damages formerly given under 13 Car. 2, stat. 2, c. 2
Exception where action brought on a judgment.
Cases where damages formerly given under the 3 Hen. 7, c. 10, and other
statutes

Cases where the action is brought for general damages, and not for the penalty

The case of Shenton v. Jordan

Practice of Courts of Equity as to giving interest on judgments

Practice of the Courts of Common Law as to giving interest in actions on

Cases as to allowance of interest upon simple contract debts in general 246 Cases where a jury would have given interest on simple contract debts .. 249 JONES v. J. WILLIAMS and D. WILLIAMS.-(V. C. November 3, 1837.) A proceeding between defendants notwithstanding the suit abated by plaintiff's death

KAMPF, H. B. and others v. THOMAS JONES, RICHARD PEYTON, JOHN PARKER, FRANCIS BRYANT ADAMS, and JOHN ORAM and others.(M. R. November 11, 1837.)

Costs of trustees putting in separate answers and appearing by different solicitors.

Death of one of three trustees, no provision having been made for his

KIRK and another v. CURETON and others.-(V. C. January 29, 1838.) A single woman transfers stock upon trusts, in case she should ever marry, for her husband and children; such transfer valid, as against her assignees under the Insolvent Debtors' Act

Mortgagee not entitled, as against devisees, to the costs of an action to recover his debt out of the personal estate of the mortgagor

..

Form of equitable mortgagee's decree, some of the defendants devisees of the mortgagor being infants.

Equitable mortgage by deposit of a copy of Court Roll.

A decision of Sir W. Grant on deposit of deeds, accompanied by written agreement to make a mortgage, not regarded

Six months given to devisees of equitable mortgagor to redeem.

In default of redemption, sale directed.

Sir J. Leach wrong in decreeing sale of equitable mortgage without allow

In case of sale the plaintiff's subsequent costs, and the devisees' costs of the suit, reserved LLOYD, HESTER, v. RICHARD RUSSELL and MARGARET his wife, JOHN MEREDITH the Younger, WINFRED BEAVAN, and JOHN SHERRIN and EMMA his wife.-(Two causes)-(M. R. March 16, 1838.)

Parties added by supplemental bill where the original bill might have been amended; defendants to the original bill not made parties to the supplemental bill