The Sun.
London, England, 1855-02-16 00:00:00

ATTORNEY-GENERAL V. MOOR.

This suit was instituted for the purpose of procuring
the removal of a trustee of a charity in Middlesmore, in
th:i county of York, and to have proper trustees ap-
pointed. It appeared that for the last hand red years
there has been a grammar school at Nether(laXt, called
the Lofthouse School, at which ten boys were inbtructed.
The charity was founded by the will of John Lazenby,
made in 1743, who gave certain lands to three trustees,
the trusts being to support a grammar school. The de-
fendant is a descendant of the surviving trustee, and the
legal estate is vested in him. The custom has been that
the schoolmaster has been appointed by the trustee, with
the concurrences of the churchwardens, and that the
schoolmaster has had possession of the charity lands
which aro only of a small value, The defendant, how--
ever, in 1351, dismissed the master, and then allowed him,
to retain his situation on paying him 10/. a-year a.s rent
for the land, which rest defendant had converted to his
own nee. Deferdant, when applied to t, remedy this
abuse, gave no other answer than a recommendation to
the applicants to mind their own business. The defence
set up was, that the will was not enrolled, and was void
under the Morttnain and that therefore defendant
was entitled.

Ills Honour said, when he found that a charity had
been administered for 100 years in a particular scanner,
he required any person who contested it to prove that
he was entitled, and the burden of proof lay upon him.
This defendant said the will was void under the
statute of mortmain. There wdre many other
modes by which it might be made a good charity,.
and defendant hail not proved that these were not
adopted. He had no evidence, however, that the
will was not daly enrolled. He would assume that it
was not, and that the heir-at-law being aware of this
delise disclaimed all interest in it, and wished the
trust to be carried out, and that every successive heir-at-
law had done the same thing, would this court at this
distance of time allow the heir-at-law to claim the pro-
perty l It certainly would not, nor would it allow the
bolder of this property to say that the performance of
this trust was a mere matter of grace and favour on his
part, and that he should perform or not as he thought
fit. He should make a decree declaring that the whole
of the income of the charity property was applicable,
subject to any necessary outgoings, to the payment of
the schoolmaster, and for the appointment of new trns..
tees. He should give costs if they were asked.
Mr. Roupell said be believed Moor, the defendant,
was in poor circumstances, and costs were not asked for
against him. The costs of the relators were provided
for by subscription.
His Honour—Very well. I shall not give the defen-
dant costs, he mist pay his own.

ALLAN v. RUITSNABR.
The plaintiff in this case is the inventor of certain im-
provements in the electric telegraph, for which he ob-,.
tained a patent for this country ie November, 1850, and
in the same year he obtained a patent in Holland.p
also, in 1351, obtained, at his own expense, a
Act of Parliament for the formation of a company, to be
called the United Kingdom Telegraph Company. One
object of the proposed company was to work a sub-
marine telegraph from this country to Holland. As a
preliminary to this, a concession from the Dutch Go-
vernment was requisite, and, in order to obtain this eon-
as was alleged on his behalf, entered.
cession, plaintiff,
into an agreement with the defendant, who is a native
of Holland, and had influence with the Dutch Govern-
meet, that he should obtain the concession, and that
he and the plaintiff should share the profits of it.
Ruypenaer obtained the concession in May, 1852 ; but,
previous to doing so, plaintiff exhibited models of his
invention which, in defendant's letters to the plaintiff,
he said had been of considerable service in inducing
the Government to grant defendant the concession.
After he had obtained the concession, defendant came
over to this country, and, after some negotiation with
the plaintiff and the persons who were about to form the
United Kingdom Telegraph Company, he sold the con-
cession to Mr. Ricardo, who acted on behalf of the
Submarine and European Telegraph CoatPßAY—the
price being 1,0001., and a 'royalty in the shape of a share
of the profits. Plaintiff had thereupon filed this bill,
&aiming a participation of the profits which defendant
had, and would derive, from the kale of the concession.
Mr. Ffooks, who appeared for the defendant, con-
tended that are concession was the absolute property of
defendant, and that plaintiff had nothing whatever
to do with it. Moreover, that the United Kingdom
Company was, in fact, never formed, and that defendant
was justified in disposing of it to responsible parties,
who would relieve him from the conditions attached to
the concession.

His Honour Paid be would hear Mr. Palmer on the
question of evidence before delivering his decision, and
he was not sure whether lie should not require the inter
yention of h jury to determine as to the facts

ROYAL LYCEUM THEATRE.
Under the Management of Madame Vertris.
THIS EVENING, Fan. 16,

Will be performed AGGRAVATING SAM. Principal character
by Mr. C. Mathews.
After which will be produced the new and original Fairy Extra-
"Mu, entitled PRINCE PRETTYPET and THE BUTTERFLY.
To be followed by TWO HEADS ARE BETTER THAN ONE.
:°131e4 °Pea ftom 10 until 6.
"'• agent for private Boxes, Mr. Alicia, 15, New-Bond-street.

1211111A.TRIA ROYAL ADELPHI.
ProPrieto; Iltr. 'Webster Directress, Madame Celeste.
Will rain G, Yza„ 16,
anedilzrtfl°lerrnd ed.lA/sza WYERlNpad,abois. nal Drama, preceded by a Pro-
To be forowed by THE IrmitITOWIT AND THE BAYADERE.
Char ac
uteters by Messrs. P. Bedford am ; Misses Woolgar and
Keeley, and Mdlles. Maranon* and as
oni.

ROYAL OLYMPIC TFIZietE.
Lessee and Manager, Mr. A. wean.
THIS EVENING, Fan. 16,

Will he presented the new Cornedtette, called TIT R
Which Messrs. F. Robson, A. Wigan, and Miss TIT FOR in
Followed by A LUCKY FRIDAY. - aPPitar.
Aster which, a new Fairy Extravaganza, entitled Trip, Tim,
DWARF AND THF, KING OF THE GOLD MINES. Chare—rni
by Mr. F. Robson, Miss Julia St. George, Miss E. Ormond% Mla
Marston, Miss Bromley, and Mrs. Fitzallan.

ROYAL STRAND TIIEATRE.
Ender the direction of Miss Rebecoa Isaacs.

THIS' EVENING
Will be performed the popular Barletta, OUR .NELLY. Principal
character, Miss Rebecca Isaacs.
After which, a new Operatic Burlesque, entitled, ALONZO THE
BRAVE.
To be followc,l by STATE SECRETS.

ASTLEY'S ROYAL AMPHITHEATRE.
Lessee and Manner, Mr. Wm. Cooke.
THIS EVENING,
102 d Representation of the BATTLE of the ALMA, an announce-
ment which casts into the shade every notice of any contemporaneous
production.

After which, the classic SCENES in the ARENA, Invented and
directed by Mr. William Cooke.
To conclude with the Crawl Equestrian Comic Pantomime of GUL-
I.IvER and the LILLIPUTTASS ; or, Harlequin and rritannia.
i,ox-ofilco open from Eleven till Four. Stage Manager, Mr. W.
west. Acting Manger
Mr. W. avow. jun. - r. W. H. Cooke. Eptestriau Director,

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