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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 Exp ROAD, Whitsun Vacation, 1841.
Allsop, In the Matter of, an Infant.-(V. C. May 7, 1838.) Page
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, 0. 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 bappened, insisting upon å 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 .. 340 ARCHER 0. 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 bad 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 ATTORNEY-GENERAL v. FisHMONGERS' COMPANY. Hulbert's Charity. -(M. R. Nov. 8, 1837.)
Certibcate of Attorney-General submitting terms, upon a compliance with which all further proceedings in an information should be stayed, adopted by the Court .. .
. 85 Attorney-General recommends that under circumstances the costs of re. lators should be taxed between party and party only.
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
.. 91 ATTORNEY-GENERAL 0. FISHMONGERS' COMPANY, Sir Thomas Kneseworth's Charity.—(L. C. July 18, 1838.)
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 :
Cases npon the New Orders of 1828 and 1833
Order to amend, plaintiff amending the defendant's office copy, plaintiff ought to call for such office copy ..
Question within what time plaintiff undertaking to speed, but not wanting a commission, should file replication
. .. 416 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
432 Addition to note, Sangar v. Gardiner, p. 265 .. Common injunction upon an amended bill ..
.. 445 Unpublished General Order of 12th May, 1838
449 Amendment without prejudice to common injunction
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. nected with that act ... Remarks on some passages in Mr. Daniell's Chancery Practice
460 How far the General Orders bind the Court
.. 465 Computation of time
.. 466 Service of Order
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
.. 180 Rudiments of English, Writing, and Arithmetic, directed to be taught in a Free Grammar School Two thirds of rents given to the Schoolmaster
.. .. 185 Information against governors of a charity as individuals, and not in their corporate capacity
.. 186 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-rale. 51 A corporation cannot hold land by copy of court-roll w land by copy of court.roll ..
Attorney-GENERAL r. LUBBOCK. Morden College-(L. C. April 21, 22. Norember 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 deensed 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 ...
.. 25 College built for the reception of poor merchants, who have lost their eslates 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 ..
.. 28 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
Page 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
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 Elizabeth.
No decree for a charitable use could be made upon bill prior to the statute of Elizabeth
.. 39 ATTORNEY-General 0. Mills and others.—(M. R. August 4, 6, 1838.)
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
.. 261 ATTORNEY-GENERAL 0. 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 noinination of the objects only
.. .. 72 Resulting trust for heir upon voluntary conveyance for a charitable pur. pose by bargain and sale inrolled, and containing only a partial declaration of trust
73 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 irustees that they were committing a breach of trust, ground for restrictiog the account.
The personal representative of one of several trustees committing joint breach of trust not before the Court :-Decree pronounced upon an underlaking 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 ..
.. 78 [See pages 507 and 674.j ATTORNEY-General v. Newbury CORPORATION.—(M. R. December 22, 1838,)
In orders for payment of money month means a lunar month .. 383 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 cha.
rity having charters from Queen Elizabeth and Charles the Second .. 267 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.