The Statesman.
London, England, 1820-11-18 00:00:00

LAO' INTELLIGENCE.

COURT OF CHANCERY.—Nov. 17.

Tile ATTOINIT-OPMBRAL r. Till CORPORATION OP
11111 STOL.
Mr. Tao:stein resented his argument is this mews
aid contended, at anurlderable length, against the
sum of cotperatieo of Bristol.
Mr. Pritusiont was heard on the same stile. With
respect to the leogth of time which had elapsed in this
CVO`, he eked the cab! of " The Attorney-Cenral v.
the Skinners' Campos', whist); had been recently heard
before the Tice-Chancellot‘ audwhere his honour, not-
withstanding that 130 years lied elapsed since the
death of the testator, had decided to refer the matter
the Master, for the pnrpose of framing a scheme by
which the increased rents and profits of the property
might be arplied to the use of the charity.
ihe Loot) en stsceot.ort observed, that he did not
micelle any length of time to be a bar in this case,
bl there was no statute of limitation against charity.
All that he had said upon that point was, that as to
touch time had etned, that was a reason why he should
le very clear in his conviction that the corporation of
firiefnl had put a wrong construction on this deed be-
fore he should deviate against them.
Mr. HART replied is the part of the Corporation.
In answer to the Regiment of Mr. Wetherell. that the
Corporation of Bristol, as trustees, could not take any
part of the estate to their own advantage. he contend-
ed, that there were many instances where the same
person held a part of the same estate as trustees, and
part beneficially for themselves. It appeared, that, fur
nineteen years previous to 1563, namely, from 36th of
Henry VIII. during the six years of Edward VI. the
fire tears of Mary's reign, and to the seventh of Queen
Blisabellt, the 20001. had berm in the hands of the
Corporation of Bristol; and that in 1565. on the Ist
July in that year, Sir Thomas Wight agreed with the
Carporation of Briitol, that, on the feast of St. Mar-
tin, in the Tear following, they should covenant with
St. John's College, Oxford, to pay, dusting the follow-
lag eight years, one hundred pounds a-year to poor
dodders ; and that. on the ninth and tenth years, they
should pay to the Chamberlain of the City of Bristol,
2001. for the purpose of purchasing corn. 'I he rest
of the arrangements were all prospective: but to the
time past, namely, to the nineteen years during which
the Corporation held the `2OOO/. no attention whatever
was paid; no account with respect to it was demand-
ed. This showed the intention of the donor to give
personal advantages to the Corporation of Bristol.
And if they could have purchased lands of the din.
solved monasteries and other religious houses, at that
time, the purchase was to be made, of the yearly pro-
duce of IN/. for a sum less thin 2,000/. that was all
Sir Thomas Wight desired. The Corporation there-
fore, he contended, were not to be considered purely
as trustees. The Court would also observe, that the
scheme of the Charity provided that to each of the
twenty-two towns and cities through which the 100/.
yearly circulated, 41. was given to the tows or city
n hick, for that time, had the distribution of the 100/.
To each this rosnpeasation for trouble was given, ex-
cept to the Corporation of Bristol. No compensation
of this description was given to Bristol. as had been
contended on the other side. Was it then to he sap-
pawl, that Sir Thomas Wight meant to lay all the
principal berth*s of the Charity on the corporation of
Bristol, anti yet give them no compeasation, no ad-
vantage whatever ; no, he clearly meant that the per-
son who bad the legal seisin of the estate should, in
the first iestance apply so mach yearly to the Charity.
and to the payment of those whe distributed it, and
that he should keep the rest for his own advantage.
'there was this material difference between the Coven-
try case and the present ; that in the case of Coventry
a right of entecing and distrainiag was given in case
the articles of the deed were violated, but here so dis-
tress was allowed, the Corporation only were to pay
certain penalties to St. John's College, if Cary failed
t) perform their covenants. It was a doctrine that
could not be disputed in this Court, that if a trustee
was to derive no benefit, he, at least, was to be put to
ol expense. Now with respect to all the other cur •
-
?orations they had 41. a-year for the distribution of
the 100/, whereas Bristol bad nothing. Why was this
(+Due unless the donor considered the Corporation of
Bristol as objects of his bounty, anti in that view he
had given them advantages by making them legal pos-
sessors of the estate, and entitled es all remaining be-
yond the sum he bad appropriated to the charity.
'f he Loan Cu i'II'ELLOR said, that ueither recollee-
tion nor research roatkil him to find any case like the 1
present one.
His Lordship left the Court at twenty-five minute:
t•efore two, giving Mr. Hart to orsolerstand that he
would bear Jahn conclude his argument to-morrow.

ept:wr or KING'S 11ENCH, Wasnitsswita.--Nov. 1;.

. ,
Mkt I AND CO. n, POOLE..
;Lis was an action brought by M . Meat and
breaerr, against the defesplant, a gentleman of
fortune. to recover the value of a horse, which Lai
teen killed by the alleged negligence of the defendant's
s rvant.
iicosir stated the facts of the case, and called
th, following witnesses to prove thetn
:otopit Smith was Hl the road leading from Vauxhall
to t:lephmst, on the 18th of May, last year ; he saw
dray with three horses belonging to hi . Men%
and Co. standing opposite the Crown and Thistle pub-
lic•bouse, on that road. witb the tail of the dray
tu:ned towards the gate of the yard of the house, for
the purpose of rolling the butts off ; he also saw the
cart of the defendaot by the Wheattheaf public-house,
shut tarn hundred yards from the Crown and Thistle. I
and the two horses baiting with their irides and
blinkers of, embody was with the cart. In a short
time he observed tie horses in time defendant's earl
run furiously along the road till-They case against the
fore-horse of the desY; wb h the three horses were
thrown with violence on thy (Toppi.
William Lane was sitting in. the tap-room of the
(*own sad Thistle while tbe,day.was tamed with the
Oil to the opening of thc,sarti, the two fore horses
Mang close ;,o the footway ,with their nom bags on.
Wlsileite was adosibipg,,lK.borsetbe beorl a Esc ;
the foremost horse test Irani the ft;eiway, and
instantly the helms in the defendant's cart rushed