Imatges de pàgina
PDF
EPUB

ed to apply the rents "towards the necessary finding a master," and "for the pains of such master," and they apply part of the profits towards rebuilding and repairing the school-room and school-house, this is a good pursuance of the trust, because a school-room and house are necessary; and if these are not provided by the trustees, they must be provided by the master himself; and so it is (in effect) applied for the pains of the master; and here the words of the donation being, that Mr. Ratcliffe intending to found and erect a school, &c. these seem to shew that a new school was, to be built.

4th. That, in this case, in the leases made by the mayor, alderman, and burgesses (the trustees) there being covenants from the lessees for grinding at the corporation mill, such covenants were improper, and ought not to have been inserted.

5th. That though this information, as to the matter of relief ought to be dismissed (there being no misapplication of the rents or collusion), yet as the charity was never established, either by a commission of charitable uses, or by decree, it was then proper to establish it; and the lord chanceller mentioned the case of Dr. Friend and the Dean and Chapter of Westminster, (when Sir Robert Raymond was attorney-general) where the same thing was done.

The information as against the representatives of the past mayors of S. and of the late schoolmaster and the lessees, was dismissed with costs, no misbehaviour being proved against them; but as against the corporation of S. without costs, on account of an order made by them, that in the charity-leases there should be covenants for grinding at their mill; and lord-chancellor said, he would not give costs for this reason, rather in terrorem, than because the charity suffered by such order; and declared

the

1

the charity to be established, and decreed the same accordingly. And referred it to the master to consider the best way of making leases, and of keeping the schoolroom and house in repair, &c. and report the same.

1 Dick. 863.

Atty. v. Lord

Foley. 1753.

A lessee of land erected a chapel in the knowledge of the lessor, who did no act to obstruct it: Held, that the lessee did not thereby acquire a right, either to the chapel or to the nomination of a minister. Where part of the rents of an estate was appropriated 2 Ves. jun. 1. to a charity recently founded, and power reserved to the founder to make leases to the amount of the part appropriated to the charity, the surplus, if any at the expiration of the lease, was declared to result to the charity Atty. v. Smith. under the general trust, and not to the heir-at-law.

$ . Atty. v. Former. 1792.

See 2 Vern. 145.

1716.

Doug. 51.

C. 41. 1800.

A lease void in its creation, as against a remainder- Doe v. Butcher. man, does not become valid by his accepting rent, and suffering the lessee to make improvements after his remainder vests in possession. Doubts having arisen, whether ecclesiastical or college 39 & 40 G. 3. leases, or those of any masters or guardians of any hospital, who by statute of Hen. VIII. were restrained from granting leases whereon the accustomed yearly rent was not reserved, could lawfully grant separate leases of parts of lands usually demised by one lease and under one rent, reserving on the several parts so demised less than the rent anciently reserved on the demise of the whole, though the aggregate amount of the rents so reserved on such separate demises should be equal to or exceed the amount of the annual accustomed rent for the whole: the inconvenience arising to many persons, when such leases had been so granted, if they should be deemed invalid, and the power of dividing lands anciently held in one parcel at one rent, might tend to improve the value of estates, as well as to the benefit of the lessees and

[blocks in formation]

the public; the legislature enacted, that where the residue remained in the lessor, such rents should be deemed the ancient rents within the statutes of 32 H. 8. c. 28. I Eliz. c. 19. 13 Eliz. c. 10, and 14 Eliz. c. 1.

But such demises were not made valid, unless the rents reserved should be so far equal to, or exceed the whole amount of the ancient rent, that the part not demised should be sufficient to answer the difference.

Where the whole of the premises shall be demised in parts by several leases, the aggregate amount of their several rents shall not be less than the old accustomed rents of the entire lease, and where a part only is de mised, and the residue retained by the lessor, the rent of the separate lease shall not be less in proportion to the fine on granting the lease than the rent, accustomed to be reserved for the whole of the premises, was in proportion to the fine received on granting the last entire lease.

But no greater proportion of the accustomed rent is to be reserved by any such separate lease than the part of the premises thereby severally demised will reasonably afford a competent security for.

A specific rent, incapable of division, may be wholly reserved out of a competent part of the lands, &c.

Where no rent is reserved, such lease is not confirmed by this act; and these provisions are not to authorise the reservation of any rent by 18 Eliz, c. 6.

Where the rents have been made payable to other persons than the lessors, such separate leases may provide the same payment of the lands charged therewith, not being of less annual value than three times the amount of the payment so charged thereon, exclusive of the proportion of rent or other annual payments to be reserved to the lessor; but this is not to be construed to establish

the

the claim of any vicar, schoolmaster, &c. to any sum, the payment of which depends on the will of the lessor.

Trustees and others holding such original leases may surrender them, in order that such separate leases may be granted.

The acts made for the redemption of the land-tax› provided that it should be deemed an additional yearly rent in ecclesiastical leases. 39 G. III. c. 21. s. 10. c. 43. s. 5. c. 108. s. 6. And that trust property may be applied by parishes in redemption of the land-tax, on lands settled to charitable uses. 39 G. III. c. 6. s. 31, and by other charities, s. 32. c. 43. s. 6, 7. 39 and 40 G. III. c. 30. s. 5, 6, 7.

1801.

Where long leases of charity lands have been procured upon terms very inadequate to their fair value, the court 6Ves. jun. 452, has in several instances interfered to annul them, and to Atty, v. Green. bring the lessees to a just account of the rents and profits: thus, in 1715, a charity estate then let at 311. a year, having upon it some buildings considerably out of repair, was demised by the trustees for 999 years, in consideration of an additional rent of 41. and 500l. to be laid out in repairs. The present annual value was between 90 and .1001.

This was considered a new case, and stood for judg

ment.

Lord-chancellor Eldon said, I can find no precedent for the regulation of the judgment in such a case. I take the defendant to be the personal representative of his grandfather, to whom this charity estate was demised by this lease; which is in effect a purchase of the perpetuity for that increased rent of 41. a year, and a sum to be laid out; making the fund, that was to produce the old rent and that additional rent, so much better security as an expenditure, not to be short of 500l. would make it. It

[blocks in formation]

is impossible that a person taking in good faith would take such a lease as that. The difficulty is, how to give a person, not taking in good faith, the benefit of that situation, that I would give a trustee laying out money for the benefit of the charity, and desiring, for his own benefit, that sort of interest in the charity fund that would secure him the re-payment. I am in a good deal of difficulty how to deal with the case. I apprehend the result of an enquiry, having the object of securing the lessee that benefit, would be, that he is already paid. He must have credit for having paid the original and additional rent. He cannot have credit against the charity for having expended more than 500l. ; for it would be much too dangerous to enquire, by the evidence of persons making valuations now, and speculating upon the price of buildings in 1715, and the possible value of what they conceive, for they cannot know any thing as to the value of the old materials upon the premises. It is safer, therefore, to proceed upon the evidence the deed furnishes; concluding, that the trustees called upon him to lay out not less than 5001. and to say, that is all he ought to be taken, under these circumstances, to have laid out. If so, he must have 251. a year interest upon that 500l. since the expenditure; which, with the rent, would be 591. a year. Then, this interest being satisfied by that rent, the question upon the enquiry would be, whether the 500l. must not be satisfied now by the excess of the rent beyond the 59l. a year, about 30l. a year going to sink the principal; which would be entirely sunk in eighteen years. I must either order him to deliver up the lease without any allowance, or direct the inquiry, whether the principal of the 5001. has been paid by the excess of the rent beyond the rent reserved and the interest of the 5col.; and reserve the consideration of what is fit

to

« AnteriorContinua »