The Express.
London, England, 1864-11-23 00:00:00

HOSPITAL V. MAYOR OP LONDON AND OTHERS.

This was an appeal from Vice-Chancellor Wood—the
question in which was whether the corporation of London,
which bad been created • corporation by charter for the
purpose of: being governors of St. Thomas's Hospital, but
who by agreement and act of parliament in 1782 had ceded
all their rights for purposes of administration of the
hospital to a body celled donation governors,
bad thereby given up their right to choose
• new site for the hospital ; and, in fact, whether
the site was to be chosen by them or by the donation go-
vernor,.
The case was fully reported in this journal on the'
7th and Bth instant. The Lord Chancellor then held that
the right to choose the site was vested in the donation
governors • bat ea by the technical form in which the mat-
ter was brought before the court, no appeal could be sent to
the House of Lords against his decision, directed the matter
to stand over in order that the parties might see whether
they could not come to an arrangement by which he could
doom such a declaration as could be made the subject of
Illniugh Cairns for the corporation governors now said,
that that body was desirous of stating that they originally
took a part in this matter, conceiving it to be • matter of
peat importance in connexion with the choice of • new
site for the hospital ; and when the owe came before the
Vice-Chancellor they thought it their duty to intervene and
to obtain • judicial decision on the sets of parlia-
ment which related to the respective rights of
the corporation and the donation governors. But es the
opinion of the Vico-Chancellor and -his lordship had been
expressed to the same effect, deciding that the right in.
volved was vested in the donation governors, the corpora-
tion governors had no chairs further to interfere. but would
leave the responsibility of destroying St. Thomas's Hospital
and the chose of • new site to those who had been held to
hays the right to deal in the matter. He, however, wished
to protest against a statement which bad been made on the
other side, that the corporation of London had encroached on
the powers of the 'Foreruns of St. Thomas's Hospital ;in
fact previous to 17e it had been quite the other way, while
since that day they had been perfectly quiescent.
Mr. Ciffa4 for the donation governors, assented to the
arrangement, and asked that order. should be drawn up,
one dismissing the appeal and the other dismiasing the bill
on • suit which bad been instituted.
_ _ _

111e---LOr4Chancellor said that no one could fail to do
iodise to the motives which had actuated the corporation
in this matter. He had always considered that they acted
from a sense of duty ; there being no doubt great
responsibility involved, and it being neoessry to secertain
in whom the power of selection of the new site vested ; a
duty which required to be exercised with the greatest pru-1
deuce, and the donation governors had been proved to pos-1
awe the right. As to the supineness of the corporation
governors previous to 1752, as they had committed the ad-
ministration of the hospital to the donation governors at
that time, any question of their former conduct was long
past ; and it was admitted that the present governors were
everything that 000ld be desired. When he suggested an
alteration in the form of the writ, he contemplated the
probability and difficulties arising in regard to the purchase
of the site, and dealing with the money which had been paid
for the former site and he desired to smooth that difficulty
by a declaration of the rights of the governors under the
statutes, and the duty of the corporation in ref erecce to the
conveyance. As he understood that the conveyance had
been in conformity with his opinion. all that remained was
to dismiss the appeal and the bill with costa