vanced by

them.

any part of the said sum of 901., or any other sum, had been advanced or contributed by the said corporation to the purchase of the said estate, the said corporation would have reserved an interest in the said estate at the time of real purchase, and would not, as they have done by the said deed of 1740, have expressly renounced all interest in the said estate by declaring that all the said lands should for ever be to the use of the said charities; and therefore his majesty's attorney general submits and insists that the said defendants cannot now claim any beneficial interest in the said estate, but that the whole of the said estate, and all rents and profits heretofore received by the defendants belong to the said chaThat corpo- rities; and with respect to the said sum of 901. or the portion ration has been repaid of the said L. estate purchased therewith, his majesty's attorany sum ad- ney general further charges, that if the said sum was advanced by the said corporation in the year 1715, at the time the said estate was purchased, the said corporation had ample time and opportunity to repay themselves by retaining the same out of the rents of the said estates during the interval between the years 1715 and 1740, when they held the estates, and appropriated none, or if any, a very small part only of the said rents to the use of the said charities, or any of them; and his majesty's attorney general submits, that if the said corporation had not by that or some other means reimbursed themselves, the same would have been stated in the said deed of 1740; and with respect to the said estates at G. and B., purchased as aforesaid with the said charitable donations of the said [two donors]; and also with respect to the said estate of G. the said defendants pretend that they have not expended the whole of the rent of the said estates in the maintenance of a Jersey school according to the directions of the founders, because the spinning of Jersey has for many years past been an unprofitable employment of the poor; and the said corporation pretend that they have distributed the whole of the rents of the said last-mentioned estates, to which the poor were entitled, in the relief and maintenance of the poor of N. or elsewhere; whereas his majesty's attorney general expressly charges the contrary thereof to be the truth, and so it would appear if the said corporation would set forth a just and true account of all sums expended by them in each year among the poor in respect of the said last-mentioned estates or charitable donations; and with That corpo- respect to the said Jersey school, his majesty's attorney no power to general submits and insists, that the said corporation had no power to alter or divert the purposes or objects of the said charitable donations, but that they ought to have administered the funds come into their hands according to the directions and intentions of the respective donors. And his

ration had

alter cha

rity.

ration have

their own

use.

majesty's attorney general charges that the said defendants That corpohave retained the whole, or nearly the whole, of the rents and applied proceeds of the said G. and B. estates, and also of the said rents to estate of G. and applied the same to the use of the corporation for many years past, without expending any part thereof according to the directions or intentions of the said founders; but then the said defendants pretend that they are entitled to a beneficial interest in a portion of the said estates purchased as aforesaid with the said legacy of 2401. left for that purpose by Bishop W. as hereinbefore in that behalf mentioned, inasmuch as the said defendants pretend that the said corporation advanced 107. out of their proper funds, making with the said sum of 2401. the sum of 2501., which was the amount of the purchase-money paid for the said estate, and that they are therefore entitled to one twenty-fifth part of the rent of the said estate; whereas his majesty's attorney general charges the contrary of such pretence to be the truth, and that the said sum of 107. was not in fact advanced by the said corporation, but was part of the interest of the said legacy of 2407. which had accumulated in the hands of the said corporation before the purchase of the said estate; or that if the said corporation advanced the said sum of 107., it was only by way of loan, and that they have long since reimbursed themselves out of the rents and profits of the said estates come into their hands; and the said defendants at times pretend that the rents and profits of the said estates hereinbefore mentioned have been small and inconsiderable, and that they have been duly applied upon the trusts of the said several charities respectively; whereas his majesty's at- That there torney general charges the contrary of such pretences to surplus anbe the truth, and that the said rents and profits have been nually in very considerable, and that there has been every year, for corporation. many years past, a very large surplus, after making every payment which the said defendants have ever made in respect of any of the said charities; and so it would appear, if the said defendants would set forth a full, true, and particular account of the rents and profits of all the said estates, hereditaments, and premises received by them, or by their order, or for their use, and of their application thereof, for the space of six years before the inquiry by the said commissioners of charities, which the attorney general submits they ought to do; and his majesty's attorney general That corpocharges that the said defendants have yearly and every year applied surconverted such last-mentioned surplus to their own use, or to plus to their the use of the said corporation, and that by so doing they have been guilty of a breach of trust; for his majesty's attorney general charges, that the said defendants, the mayor and aldermen of N. aforesaid are trustees of the said several estates for the said several charities, with the funds whereof

was a large

hands of

ration have

own use.

That there are several

ties.

they were severally and respectively purchased; and that the said several estates, and the rents and profits arising therefrom respectively, ought to be distinguished and kept separate, and apportioned among the different objects of the several charities respectively, according to the intentions of the several donors and founders, and in proportion to the amount of the funds destined to such objects respectively, which were invested in the said several purchases respectively. And his majesty's attorney general further charges, that other chari- there are several other charities for the relief of the poor at N. aforesaid, the funds of which are administered by the said corporation; and that when the said defendants pretend that they expend large sums annually out of the rents and profits of the said herein before mentioned estates, in relief of the poor, and in pursuance of the objects and directions pointed out by the several donors and founders hereinbefore mentioned, such sums are in fact the proceeds of other charitable donations and foundations, and arise from estates or funds altogether separate and distinct from the said estates or That deeds, funds herein before mentioned, or any of them; and his majes&c. are in ty's attorney general further charges, that the said defendants corporation. have now or lately had in their possession or power divers

possession of

deeds, parchments, wills, copies of wills, copies of court roll, corporation books, extracts or copies of extracts from or entries in books or a book, books of account, receipts, vouchers, documents, rentals, maps, plans, and other papers and writings relating to the matters aforesaid, whereby if produced the truth of the matters aforesaid would more fully and at large appear, but the said defendants refuse to produce the same; and the attorney general was in hopes that the several abuses hereinbefore mentioned would have been corrected without the interference of this honourable court, but the said defendants the mayor and aldermen of N. aforesaid, refuse so to do (1); TO THE END, therefore, that the said defendants the mayor and aldermen of N. aforesaid, may, under their common seal, full, true, direct, and perfect answer make to all and singular the matters and things aforesaid, and that, &c. [the usual interrogatories as to the statements and Interroga- charges, including the following]; whether the said mayor application and aldermen have not always received and carried to the general account of the said corporation of N., the whole or some and what part of such rent; and whether they do not

tories as to

of part of the property.

(1) The town clerk of a corporation is sometimes made a party to a suit for the purpose of discovering and of giving information as to documents and entries in books. See ante, pp. 443, 473. By stat. 5 & 6 Will. IV. c. 76, s. 67, it is provided, that all the charters, deeds,

muniments, and records of every borough, or relating to the property thereof, shall be kept in such place as the council from time to time shall direct, and the town clerk for the time being shall have the charge and custody of and be responsible for the same.

still receive the same, and carry the whole or some and what part thereof to such account, or how otherwise; and whether the said corporation have, and when in particular, since they have been in possession of the said charity estates applied more than a very small portion of the rent thereof to the purpose of the said charities, or any and which of them, or what have they ever and when expended in respect thereof respectively; and whether the annual disbursements made by the said corporation in respect of the said charities have not been of late years to the effect hereinbefore in that behalf respectively mentioned or how otherwise; and what have been the exact annual disbursements in respect of the said charities respectively; and whether the total of such disbursements does not amount to the annual sum of-l. or to some other and what sum; and whether all or some and what residue of the rent of the said L. estate has not been and is not still retained by the said mayor and aldermen, or by some and what person, by their order or for their use, and applied by them to the use of the said corporation of N., or to some and what other purpose, and what does such annual surplus amount to; and whether any part thereof is applied by the said defendants to any and which of the charitable purposes intended by the said hereinbefore mentioned donors, or any of them, and if yea that the said defendants may set forth the particulars of such application respectively; and whether the accumulated surplus of the said rents does not amount to a very large or some and what sum; and whether the said corporation have not received the same or some and what part thereof; and whether they have not received and ought not to account for and apply to the objects of the said different charities such sum, according to the intentions of the respective donors, and if not, why not.

That the said defendants the mayor and aldermen of N. PRAYER. may answer the matters aforesaid, and that the said defendants may be declared to be trustees of the several estates devised or given as aforesaid for charitable purposes, and also of the lands, hereditaments, and premises herein before respectively mentioned, for the several charities whose funds were invested in the purchase thereof respectively; and that an account may be decreed to be taken by and under the direction of this honourable court of the rents and profits of the said estates, lands, hereditaments, and premises which have been devised or given for the benefit of the several charities herein before mentioned, and also an account of the rents and profits of the said estates, lands, hereditaments, and premises purchased respectively in the years 1699 and 1715, or at any other time, with the said charitable funds received by the said defendants, or by their order, or for

their use, from such time as this honourable court shall think fit to decree, and of the application thereof by the said defendants or their predecessors; and that an account may be decreed against the said defendants accordingly, with such further directions as may be necessary for giving to the said charities the relief to which they are respectively entitled; and that the trusts affecting the said estates, lands, hereditaments, and premises may be respectively ascertained and declared by this honourable court; and that the said several charities may be ascertained and distinguished; and that the estates or proceeds of the estates, lands, hereditaments, and premises belonging to each may be ascertained and distinguished, and in future kept separate; and that distinct accounts may be kept thereof; and that the funds belonging to the said several charities may be applied to the charitable purposes respectively pointed out in the wills or deeds of the said respective testators, donors, or founders thereof, or to such other charitable purposes as may be nearest thereto, in case it shall be found impracticable to carry the same or some of them into effect specifically; and if necessary, that it may be referred to one of the masters of the court to approve of a scheme for the application of such rents and profits respectively, and also of such arrears or surplus rents and profits as this honourable court shall be pleased to order the said defendants to refund. And, &c. [for further relief, ante, p. 926].

STATEMENTS, Charges, and Prayer in an Information at the relation of a Freeman of a Company on behalf of himself and the other Freemen of a Company, and of an Inhabitant of a City Ward, against a Company for Accounts of the Rents of Estates given by three Testators to the Company for different Charitable Purposes, and for the settlement of Schemes adapted to the intention in each Will.

[Statements of deeds and wills giving estates to the Particulars company for various charities]. And the said attorney geneof property ral at the relation aforesaid further informeth, that the procomprised in one gift. perty comprised in and now subject to the trusts of the deed of feoffment first hereinbefore stated, consists of five small houses with gardens attached thereto, situate at W. aforesaid, and which are inhabited by five poor widows, parishioners of W. aforesaid, and that there are not now nor have there been for upwards of a century past, any trustees of the charity founded by the last-mentioned deed of feoffment, and that the heir of the said [donor] is unknown, but the whole management of such charity, and the ownership and disposition of the property