order, declaring himself of opinion, that it was a charity likely to prove of great advantage to mankind; and said, that such an hospital should not be far from town, be-cause those who are attacked with that disorder in the natural way may not be in a condition to be carried far. Two things are to be considered.

1. Whether it is a nuisance at common law?

2. If it is, whether a public or a private nuisance? As to the covenant in the lease, there is no foundation for the motion on that; for it is not a general covenant against all nuisances, but particularly against a brewhouse. It comes to the general question. Cases are as cited. There was lately an indictment at the summer assizes, in Essex, 1750, against Frewen, for such an hospital: the defendant was acquitted. This cannot be called a private nuisance; if any, it is a public nuisance: the former is to one person only, as building against lights; nuisance, ad vicinatum, is a public nuisance.

Bills of this sort are founded on being nuisance at common law. If a public nuisance, it should be an information in the name of the Attorney-general, and then it would be for his consideration whether he would file such an information or not; and that was the case for stopping a way behind the Exchange in the city. Lord King recommended it to the Attorney-general to prefer an information in the King's Bench, to try whether it was a nuisance or not. If the cases cited were law, query, how far they would extend to all the hospitals in this town?-Motion rejected.

CHAP.

I HAVE deferred mentioning an agreement between the corporation of London and the governors of the several principal hospitals of the metropolis, as the subject was a matter of local jurisdiction, and did not touch any of the subjects which have occupied the preceding pages of this work; but as the legislature have sanctioned that agreement, and thereby rendered its covenants as binding as any public law upon all the parties, it cannot properly be omitted.

Various differences of opinion having arisen previous 22 G. 3. c. 17. to, and in the year 1782, between the corporation of London, governors of the royal hospitals of Edward VI. of Christ, Bridewell, and St. Thomas, and of the royal hospitals of Henry VIII. of St. Bartholomew's hospital, and Bethlem hospital, and the presidents, treasurers, and acting governors of those hospitals, respecting their rights, powers, and privileges in the government of them and of their estates-several meetings were held for the purpose of terminating these differences, and articles of agreement were entered into in pursuance of resolutions of all their respective courts:

Reciting that the ordering, management, and governvernment of the said hospitals and their revenues were vested in the corporation by several charters, dated the 13th Jan. 38 Hen. VIII. and 26th June, 6 Edw. VI. for

such uses and trusts as are thercin expressed; that the corporation assumed the management, and made several orders therein; that at a court at Christ's hospital, on 27th Sept. 1557, by the governors of all the hospitals, it was agreed, that the hospital of St. Bartholomew should be thenceforth united to the rest and be made one body with them, and certain officers were then appointed for all the hospitals, and they continued under the same kind of management, with a small increase of governors, down to the year 1564; when, upon the 21st of Sept. in that year, being St. Matthew's day, a president, treasurer, and other governors were chosen at Christ's hospital for each of the said hospitals; and these elections upon St. Matthew's day were continued annually down to the year 1587, and from that period courts were at several times held at Christ's hospital, down to the year 1652, inclusive, for electing or confirming governors of the said hospitals, but not yearly, or in the same regular manner as thentofore. And courts were also held during that period at and for the said hospitals for nominating and electing governors, and for the management of the said hospitals; and from that time it did not appear that such annual elections on St. Matthew's day were kept up or observed at Christ's hospital, for nominating or electing governors, save only for confirmation of governors elected at the said hospitals. But it appeared that the governors of St. Bartholomew, Christ, Bridewell, and Bethlem, had been hosen at general courts or committees held at the said hospitals from the year

1652.

That it also appeared by the ancient records or entries, that lists of the governors chosen for St. Bartholomew, Bridewell, Bethlem, and St. Thomas, had been annually sent from those hospitals to Christ's hospital, previous to

the

the meeting of the governors on St. Matthew's day, for confirmation, and had been constantly delivered to the clerk, and by him, together with a list of governors of Christ's hospital, presented to the lord mayor, and by him immediately delivered over yearly at that time and place to the town-clerk of the city, attending his lordship on those meetings in the presence of the aldermen, ar great part of them, without making any objection to, or attempting to alter the lists in any respect, or that mode of confirmation; which practice had been continued as to all the said hospitals to that time,, except that the presidents, treasurers, governors, and officers of the several hospitals were for some years appointed by certain commissioners authorised by Cha. II. for their regulations.

That great benefit had been derived to these charitable institutions from such mode of managing them, and from the voluntary contributions, grants, bequests, and donations of the persons so elected governors.

That disputes had arisen between the corporation and the persons acting as governors, respecting their rights, powers, and privileges in the managing the said hospitals and their revenues, and that it would be for their mutual benefit that these differences should be amicably terminated, and that the management should be for ever after continued in the corporation, together with the governors then acting, or to be elected as such in the usual mode of election of governors there, and such of the commoners of the city as should be elected in the manner after directed, with such powers and such uses, and under such restrictions and trusts, as in the said charters and in the said recited articles were expressed.

To effectuate these salutary purposes

1. The agreement, bearing date the 15th June, 1782, declares, that the governors of the said hospitals of St. Bartholomew

2 M 3

Bartholomew, Bethlem, Christ, Bridewell, and St. Thomas the Apostle, named in the lists delivered on the 21st Sept. 1781, being St. Thomas's day at Christ's hospital, to the town-clerk by order of the lord mayor, and also those governors who have been elected since the delivery of such lists, together with the lord mayor and aldermen, and also the members of the court of common council, to be nominated in the manner after-mentioned for the time being, shall be established and confirmed governors of such of the hospitals of which they had been elected governors previous to the delivery of such lists, or had been since their delivery, or in future shall be elected governors in such manner and with such rights, &c. as any governors thereof, or at any time since the first establishment of the annual meetings at Christ's hospital, on St. Matthew's day, could have had in the management of the concerns, and of the real estates and possessions of every denomination, and of the rents and revenues thereof, and of all personal estate belonging thereto; and such governors so elected at general courts or committees thereof in such manner as they ought to be elected or chosen by the rules used and established therein, together with the lord mayor and aldermen, and members of the court of common council, to be nominated as aftermentioned, shall have good right, full power, and absolute authority at all times hereafter to nominate, elect, and appoint the presidents, treasurers, and all other officers and ministers of the said hospitals, and to do all acts expedient for their good government, and in the management and disposition of their estates, real and personal, as fully as the governors have heretofore acted therein, without interruption of any persons or bodies corporate whatsoever.

2. That at all times thenafter, whenever i; shall be ex

pedient