1838. ALLASON against STARK. from time to time, yearly, for ever, "for and towards the better relief of the most poor and needy people that be of good life and conversation, that should be inhabiting within the said parish; the other moiety yearly for ever to put forth one poor boy or more, being of the said parish, to be apprentice or apprentices, and the 57. which shall be due to the poor of the said parish to be paid to them every half year &c., at and in the church or porch thereof." In pursuance of this bequest, a piece of land called Butt's Field was purchased and conveyed to the trustees named in the will, and at the passing of the act 17 G. 3. c. 64. formed part of the charity estates therein named. The act 17 G. 3. c. 64. recited (sect.1) that the above land called Butt's Field, together with other land purchased with a legacy left by Viscountess Cambden "to be yearly employed for the good and benefit of the poor of the town of Kensington for ever, in such manner as certain trustees therein named, since deceased, and the churchwardens of the parish of Kensington for the time being, should think fit to establish", and also other land and buildings, were vested in certain trustees, their heirs and assigns, upon the trusts declared in the wills of Lord and Lady Cambden, with power to appoint new trustees when necessary; that it was desirable that the trustees should be able to grant building and other beneficial leases of the charity land, and that the "rents, profits, and produce of such part of the said charity estates as belong to the poor of the said parish be from time to time applied in aid of the poor rates, for paying the interest of monies to be borrowed, or annuities to be granted for raising monies to be invested and applied in the purchase of ground, and erecting, building, and furnishing a proper workhouse," &c., for the poor of the said parish, &c.; and that it would be beneficial to the parish and conducive to the improvement of the charity estates, if the trustees thereinafter named (that is, the trustees for putting the act in execution) were empowered to contract for and build a workhouse, and for that purpose to raise monies by way of annuity, or otherwise, upon the credit of the rates, and if the trustees of the charity estates were enabled to grant or demise the same for the purposes aforesaid, and "to appropriate the parts or shares of rents and profits thereof belonging to the poor of the said parish in aid of such rates during the lives of the respective annuitants, or until the monies to be borrowed for the purposes aforesaid shall be fully paid and satisfied." The act then (sect. 1) authorised the charity trustees to grant long leases of Butt's Field and the other charity lands, by public auction, to persons willing to build upon them, with all common covenants for payment of rent, repairs &c. The act further directed (a) that 547. per (a) Sect. 3. "Be it further enacted by the authority aforesaid, that, from and after the 29th day of September, 1777, the sum of 541. per annum, being the whole amount of the present yearly rents and profits of the charity estates above mentioned (of which the said field called Butt's Field is little more than one half) shall from time to time thereafter be paid and applied to and for the putting out one or more poor boy or boys of the said parish of Kensington apprentice or apprentices, according to the directions of the said will of the said Elizabeth Viscountess Dowager Cambden deceased; and that all other the rents, profits, fines, and produce to be thereafter made of all or any part of the above-mentioned charity estates, shall, from time to time, as the same shall or may be received by the said trustees or their successors, or their attornies or agents, be by them and every of them paid over unto the trustees hereinafter nominated and appointed for putting this act into execution, and their successors, or to their treasurer or treasurers for the time being, or whom else they shall from time to time think fit to nominate or appoint for that purpose, to be applied and disposed of, and the same is hereby directed to be applied and disposed of for and towards the purchasing of ground, and building, hiring, and furnishing of a workhouse and other accommodations 1838. ALLASON against STARK. 1838. ALLASON against STARK. per annum should be thereafter applied to apprenticing poor boys, according to Lady Cambden's will, and that all the other rents of the charity estates should be from time to time paid over by the charity trustees to certain trustees named for executing the act, to be by them applied to purchasing ground, building, hiring, and furnishing a workhouse, and paying monies borrowed and annuities granted under the act, in aid of the poor rates, until all the monies so borrowed should be repaid, and all the annuitants should be dead; after which the trustees of the charity estates were to apply all the rents for the purposes set forth in the wills of Lord and Lady CambPower was also given (sect. 19) to the trustees for executing the act, to agree for the purchase or hire of such land or buildings as they should deem convenient for the reception, employment, &c., of the poor of the parish; and they were authorised and required (sect. 21 (a)) to erect one or more house or houses for den. the accommodations for the reception and employment of the poor of the said parish, or for payment of the monies to be borrowed and annuities to be granted by virtue of the powers and authorities hereinafter granted to them, in aid of the rate or rates to be hereafter made for the relief of the poor of the said parish, until such time as the whole of the monies, so to be borrowed for the purposes aforesaid, with interest, shall be repaid, and all the said annuitants to whom such annuities shall or may be granted shall happen to die; and from and after the monies so to be borrowed upon the credit of such rates shall be repaid with interest, and if all the said annuitants shall happen to die, then the said trustees of the said charity estates for the time being do and shall, and they are hereby authorised and required to pay and apply all the said rents, issues, and profits thereof, to and for the uses and purposes mentioned and set forth in the said wills of the said Baptist Lord Viscount Cambden and Lady Elizabeth Viscountess Cambden, and in the said indentures of lease and release hereinbefore mentioned." (a) Sect. 21. "And be it further enacted, that the said trustees" (i. e. the trustees appointed by the act), "or any twenty-five or more of them, shall and may, and they are hereby authorised and required to erect, or cause to the poor, 66 ground to be either purchased or hired for that pur- ," and to pay the expenses of building "by and out of the monies to arise by virtue of that act.” The trustees of the charity estates, after the passing of stat. 17 G. 3. c. 64., from time to time let the estates under the powers of the act, and they still continued to exercise such powers; and the trustees for executing the act shortly after the passing of the act built a workhouse on a part of Butt's Field. In February 1821, disputes arose between the two sets of trustees concerning the liability to pay rent for the workhouse, and the amount of rent, if any, to be paid; and thereupon an amicable suit was commenced by petition in the Rolls Court, in which the charity trustees insisted that the trustees under stat. 17 G. 3. 1838. ALLASON against STARK. to be erected, one or more house or houses, and such other buildings as they shall think necessary, upon either part of the said charity estates belonging to the poor of the said parish, or upon any ground to be either purchased or hired for that purpose, for the residence and employment of the poor of the said parish; and from time to time to furnish and provide the same with bedding, and all other necessary furniture and materials, for the proper and comfortable support, maintenance, and employment of the poor of the said parish, and to contract and agree with artificers workmen, and other persons, for the building, furnishing, and providing for the same; and by and out of the monies to arise by virtue of this act to pay and satisfy all monies which shall be justly due and owing to such artificers, workmen, or others employed in or about the building or furnishing the said house or houses, or any matter or thing relating thereto; copies or extracts of all which contracts or agreements made by or with such artificers or workmen and others, and all receipts, payments, debts, and credits, and all other matters and proceedings concerning the same, shall be entered in a book or books to be kept for those purposes; which book or books shall from time to time, and at all convenient times, be open to the inspection and perusal of all persons paying any rate or assessment to be made by virtue of this act." VOL. IX. T c. 64. 1838. ALLASON against STARK. c. 64. should pay them a fair rent for the use and occupation of the land on which the workhouse was erected. On 14th February 1821, it was declared by an order of that Court that the trustees of the charity were seised in fee of the said land and premises; and it was ordered to be referred to a Master to state what rent the trustees for executing the act should pay to the charity trustees for the land. The Master reported, on 14th January 1822, that 40l. per annum was a fit and proper rent to be so paid for the land, from 7th February 1821; and an order was made accordingly. In this suit the same solicitor acted for both parties. From that time until February 1833 inclusive, the trustees under the act regularly paid the rent of 40%. to the charity trustees; and the defendant, who became a trustee for executing the act in 1828, and had continued so ever since, was present, as such, at a meeting of trustees in 1829, at which they passed a resolution to pay the said rent. The defendant, on that occasion, neither assented to nor dissented from such resolution, although he had on several occasions expressed his opinion that such rent ought not to be paid. If the Court should be of opinion that the trustees of the charity were entitled to recover payment of the rent in this action from the trustees for executing the act, the verdict was to stand; otherwise a nonsuit to be entered. The questions for the opinion of the Court were, firstly, whether the legal estate in the land, at the time of action brought, was in the charity trustees, or was vested in the churchwardens and overseers by stat. 59 G. 3. c. 12. s. 17.; secondly, whether the defendant was |