The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1835-03-13 00:00:00

LONDON LAW REPORT.

Rou.s, COURT.---SATURDAY.
DFCI3ION k. 74.,/, HOUR OF ru's PARISH OF WALTO'..
ATrOaNEY-GBN ERA I, V. BN.RUAM.—TiIe• testator, T. Berrie,
by a Will dated in 1612, devised. a certain tenement in Situ hwark;
devriberl as then let at a yearly rent of £lO, to the parson and
churchwardens of St. Mary Magdalen, iu London,. and their
successors,-fir ever, on specialtruat, to pay out of the rents to
toe parsen,and churchwardens of the-parish ‘pf..Walton.'in Lati-•
cashire, 51s. yearly; 525. to provide 12 dozen -of penny loaves,
one dozen of which.they were to distribute at their •discretion
among 12 poor people every. Sunday, and, the other 24. he gave
to the churchwardens fur their pains. He then made a similar •
liequeSt of the like'surn in favour of the parish of St. Mary Mag-
dalen. He further directed that 50s. ofthe said rents should be
paid by the said trustees to two sufficient men of the town of.
Bootle, to be applied in providing an annual dinner fur the
married people, and a supper for the young people; and for his
kindred in that town, on every St. Thotnas's day. The other
425. Of the said rent heb-referrea to the discretiou of the parson,
common council, and thurchwarcleus of St. Mary Magdalen, to
dispose of to the poor of the parish. The rents of devised •
property having now increased to Lit) a-sear. an I the devisees
in trust having persisted in applying 535. and 50s. respectively,
and no more, for the, benefit of the parish of Walton- and the
town of Bootle, and retained the whole of the p:urplus for the
benefit of their own parish, the present inforniation was• filed
for the purpose of having. the increased rents applied among.
the different charities which were the objects of the testator's
bounty in proportions which their original shares bore to' each
other, and to .have a scheme for the expenditure of seth. in-
crease.
Mv. Tinney and Mr. L.Lowndes, for the information, sub-
mitted that as the exact stints devoted out of the yearly rent of
LIU to all the different charities Were specified by the testator
himself, and those sums exhausted the whole amount, the parson
and churchwardens had no right to retain the surplus arising.
from the increased rent for the use of their own parish, but were
bound to apply a proportionate part' of 'it towards .the' other
objects of the testator's bounty, according to a scheme• to be
settled by the master,.
Mr. Veinberton; Mr. Wakefield, and Mr. G. Richards; for
the trustees, the
.parson and churchwardens of St. Mary Mae.-
dalen,"contendea that the'testator meant to give to that parish
the 425. merely as a residue, and not as an aliquot portion of the
rent; and that they were therefore entitled to.receive the whole
benefit of the increase. '• •
The Master of the Rolls stated that, according to his impres.
sion, it had been laid down in at case decided by Sir W. Grant
that where-the founder of a charity gave a fund, after specifying
its annual value, to different objects, so as to exhaust the whole,
the object to which the last portion, making. up the specified,
value; was allotted, could • only take proportionately with the
others. He should reserve, however; his judgment till he had
an opportunity of looking into that ,:use.
The case was again brought before the court, on Monday,
When the Master of the Rolls decided, that the last'gift of the
sum of 425. was not, as had been contended, a gift of the residue,
but was a gift of a proportionate part of the rent of £lO a-ypar
devised by the testator for the several charitable purposes men-
tioned in his will; and.that the whole surplus arising from the
increase of rent was to be applied in the proportions designated
by the testator to the several (injects of charity, 'so far as the
swine were capable of being carried into effect, and as nearly as
might be, where it became necessary, to Modify the specified
objects of charity. His honour directed a reference to the
master to settle a scheme for the, several charitable bequests,
with liberty to state special circumstances.
By this decision the parish of Walton will, we are informed,
be entitled to about fifty pounds instead of fifty-two shillings per
annum.

LIVERPOOL LITERARY, SCIENTIFIC, AND
COMMERCIAL INSTITUTION.

A special general meeting of the abovelnatitutioti was . held
on Thursday last, at Paris's room, Hardman-street. On the
motion of Mr. Tate, Mr. A. F. Donovan was unanimously
called to the chair.
The SECRETARY (Mr. H. T. Atkinson) said, it had .been
deemed highly advisable that the individual to be chosen as the
president of that institution; besides combiningin his own cha-
racter all that was eminent and respectable as a man of busi-
ness, should likewise be one who had gained "golden opinious"
from all sorts of people. He was happy to announce that Chas.
Horsfall, Esq. had consented to become their president. (At
the mention of the name of Mr. Horsfall the members sitpul-
tatieously•ruse and expressed their gratification by giving three
hearty cheers.) And as if fortune, continued the secretary, had
not been, tired of showering favours. upon them, they had oh.
tained the unqualified assent of the Rev. Rector Brooks and
Adam Hodgson, Esq., to act as their vis2e-presidents. (The
meeting 'here repeated the tribute of acknowledgment which
they had paid to
,Mr. Horsfall.) The Secretary then an-
nouuced that a donation of four quarto volumes of books had
'been received, of the value of £6; 65., together with three vol-
umes of travels from Mr. Egerton Smith; and he concluded.by
moving a vote of thanks to one of the worthy individuals
(Charles Horsfall, Esti.) who had dome forward lc "lend their
powerful names to 'the institution during the period of its in-
fancy, and thus had placed its success alMost beyond doubt.—
(Loud cheers.) • . .
M.r. REAP seconded the motion. They All knew the public
character of Mr. Horsfall, and he was convinced that his pri-
vate Character was also above suspicion. By the countenance
and the patronage of such a man the institution could not but be
highly honoured. (Cheers.). And let him remark, that it
Would also be an honour to Mr Harsfall, when after a few years
Might have rolled over them, he would have the proud satisfac-
tion of reflecting that he had been the first, by his aid and in-
fluence, to place that institution-upon a basis where it could not
but prosper.—(Loud applause.)
The resolution was carried with much acclamation.
Mr. 'KATE proposed a vote of thanks t the Rev. Jonathan
Brooks, rector of ,Liverpool, and to Adam liodgson, Esq., for
the prompt and efficient, manner in which they had given their
consent to become 'the vice-presidents of the institution.
Mr. Wit.t.taias,•(Bold-streeta in seconding the- resolution,
tornsaid, it was a great advantage tan institution like that to have
at its head omen of such high talents, respectability, and influ-
ence. (Hear, hear.l By the assistance thus early and hand-
somely afforded, they might hope to be carried forward to at-
tainments which they might otherwise have fallen short of.
(Cheers.) He was glad, also, to see that class of individuals
who had "hitherto been stigmatised as negligent of their moral
character coming forward to vindicate themselves from the re-
proach„ and instead of spending their idle hours in the theatres,
and the purlieus of the theatres—(hear, hear,)—taking a share
in their own improvement, and when' the business of the day
was:over begitining the cultivation of the mind. (Cheers.) He
had great pleasure in seconding theinotion.
The resolution having been carried,- as the foregoing one, by
acclamation, the secretary informed the meeting that the next
subject for consideration was the taking of suitable premises for
the use of the institution. Several situations were mentioned,
but the only one which appeared eligible was a house in St.
Anne-street, which it was agreed to hire by the year. The con-
structions and fittings-up of the house being so well adapted as
to require but little alteration, it was intimated that some part
of the machinery of the institution might be expected to be in
operation within eight or ten days from that time.
Mr. TATE, author of the Universal Canibist, made an offer of
his gratuitous services in the instruction of a claSs for arithme-
tic and mathematics, which was received with much applause,
and acknowledged by a unanimous vote of thanks.
Some minor matters of business having been disposed of,
thanks were voted to Mr. Donovan for his conduct in the chair,
and the meeting separated.
We understand that Mr. William Brown has followed the ex-
ample of the public-spirited individuals.mentioned above, and by
accepting the office of one of the trustees, has added the weight
of his powerfnland extensive influence to the impetus with which
there is reason to believe,, the institution is now marching on
'wards to complete success.