following rule to be observed on informations for charities. "In all informations for charities, I wish to have the draft of the information, and a short statement, signed by the counsel who drew the information, of the object of it, and an assertion that he conceives the case stated to be a case in which an information ought to be filed, and for what reasons. If the information seeks to impeach the conduct of trustees of charities, I shall expect persons to be assured that the relators are of property to answer costs, and that the charges against the trustees are, according to their belief, true. I shall also expect to be informed whether any applications have been made to the trustees, stating the grounds of complaint, and desiring them to reform the abuses complained of, if in their power. And if from circumstances such an application to trustees shall be deemed improper, I shall expect to have stated to me the reasons for conceiving such application improper." 1809. In cases where the purposes of a charitable institution fail, the only means of remedying any abuse which may arise in the misapplication of the trust estate, is by information in the court of Chancery, at the relation of some respectable person of the county, against those who assume to be the members of the society, corporation, or charity in question, individually, as well as against the corporation by its corporate name, praying an account of its revenues, and that a proper scheme may be laid before the court, and adopted, for applying the revenues to such purposes as should be consistent with the intention of the donors of the charitable estates, as far as circumstances will admit; and if there is a county hospital, the application of the reversions to the support of that hospital may Atty. v. Hicks. probably be deemed a proper application, 1809. Ante. 336. On Squire v. Wood. CP Trin. T. MSS. On an application for a rule to search the books of an 1 Jane, 1809. eleemosynary corporation, established for relief of the poor of Norfolk and Suffolk, in order to obtain evidence to maintain an action for a sum advanced to replenish the funds of the charity, the court declined to stretch its authority so far, unless it were shown that by the charter of incorporation such a right was reserved. Rule refused. CONCLUSION. I SHALL here close my researches on this, to me, very interesting subject: it has afforded me no small extent of grateful pleasure to have been enabled to enlarge my former publication with many additional cases, and much new matter, and also to have been led, in some instances, through the ground which I had already trod, and to have examined by the way some of the more remote parts of the fabric, which I had then over.looked. The remnants of ancient adjudications in the courts of English jurisprudence, form the basis of a superstructure, which will never suffer by the mouldering incursions of time; nor will the lustre of their justice and equity ever be obscured by the varying successions of political governments, or the more rapid fluctuation of human councils. If the student, to whose inspection this work is submitted, will embrace with ardour the lot to which his labours are devoted, he will find his energy increase in every stage of his progress, for his earliest axioms will be proved to his conviction-his principles principles will be enlarged upon incontrovertible authority-and his future eminence will be erected upon a security which will reward him with the best honours of his country! If I have omitted or misstated, I shall be obliged by correction; if my labours shall be accepted as useful, I shall be grateful for the acknowledgement; and if the profession in general will be pleased to assist them, I shall esteem myself as highly favoured, as I have been already by their recent communications. ADDENDUM. SINCE the preceding sheet was printed, in which Page 482. the bill for extending the exoneration of land-tax is noticed, the act has passed, viz. on 3d June, 1809, whereby the act of 46 Geo. III. is recited, in pursuance of which, the special commissioners acting under the great seal, have exonerated 1263 small livings, and 208 charitable institutions, whose clear annual amount did not exceed 150l. and the annual land-tax so discharged amounted to 56701. 6s. 33d. And in order to extend the benefit to others, whose annual income does not exceed 1501. it is enacted, That the commissioners, within 18 calendar months from the passing of this act, may direct the exoneration of the land-tax in the manner prescribed by 46 Geo. III. provided the whole do not exceed, including the above, the sum of 8000l.; similar memorials to be transmitted to them, verified as they shall direct; and certificates signed by two commissioners of land-tax, within 12 calendar months. The certificate of exonera- The special commissioners are to lay a state of their All deeds not hitherto inrolled or registered, pursuant INDE X. The Figures refer to the Page. ABBEYS, &c. in London, 7-Date of their decline, 17 Aberbury, Sir R.'s hospital at Don- Aberdeen lunatic hospital, 302 Action of debt on lease of tythes, &c. Adding to, does not extend beyond repair and improvement, 139 Ad quod damnum, 20 Advowson restricted to universities, 89-Granted in trust for the grantor, . |