Cooper's Clarksburg register. [volume] (Clarksburg, Va. [W. Va.]) 1851-1861, 1854-07-19

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and distinct yet there must he d comnon
right, which the bill seeks 10 establish or
Ienforce. a. anil lasttS ton bil shave lean
permitted to be brough By the lord oi d
manor against some OF tle lenants aud
Oiee Jer$G, hy some OF Che tenant ia be
half of themselves and the other tenant
! to establish some righ steh as suit to y
mill, or right OF common, or 10 cut turf
So by a pars6h6f 4 parish as siiist sonao
of the Pensioners to establish q general
right to tithes-or conversely. by some
/ of .he Pensioners in behalf of all 70 eslab-
lish Parochical modus.
In all cases where exceptions te the
general rule are allowed, and d few are
permitted to sue aud defend on beh alf OF
the many by representa- care must
be taken that persons are kFough on The
record fairly representing the interest on
right involved. SO that it may bs fully
and honestly tried
Where the parties interested ia the snie
are numerous. theirsrights and liabilities
areiso subject to; change aud fuotaatiou
| by death or otherwise, that il woUldsnot
be possible withoutsve great ineonSeni-
ence. therefore and to- prevent failnre
OF justice. a court ofequity permits por.
ton OF tho parties in interest to represent
theientire body. and the decree bind s all
of them, the same us il all were beioteehS
court. The legal aud equitable rights
land liabilities of all being before the court
Il by representation. and especially where
the subject-matter of the suit is common
TO all; there can be very little danger but
that the interest of alwill be properly
protected and niaintained. I5ia
/ The case in hand illustrates the proprie-
.Ity and ftness Of tho rule. There are
some fifteen hundred persons repres ontcd
by the compliments, and overdopble that
number by the defendants. 1tis manis
fest that to require all the parties toobe
brought upon the record, as is required
in n suit at law, would amount to "a lido.
nial Of Justice. The right might be de.
feated by objections to parties, from the
ditlicultyaof ascertaining them, or ifslas.
certaining from the changes constantly
occurring by deathor otherwisea sp
As it respects the persons into whose
hands the fund in questions should be
delivered for the purpose of Distribution
among the beneicaries, in case OF. a III:
. vision of tive shnll recur to the subject
in another part OF this opinion asSE
We viii! now proceed to an examination
Of the merits of the case t
The Book Concern. the propetly ID
question, is a part Of fund which had
its origin at very early day fronf the
voluntary contributions of the travelling
preachers in the connection of' tho MethSs
dist Episcopal Church. The Establish.
ment was Mt first small but at present
is one Of very large capital, and of exteh-
Isive operations, producing great profits.
IL 1896 the travelling preachers. in GEN
cral Conference assembled, determined
that these pSo6ts should be thereafter de-
voted to the relief Of the travelling pfekSH.
crs and their families and accoFdinply.
resolved thnt the produce Of the sale OF
the books. after the debts were paid. and
sufficient capital provided for caffylHc ON
the business, should be applied for thI, re-
lIet OF distressed travelling preachers, for
the families dt travelling preachers, and
Tor supernumerary and wotnsout preach.
ers, and the widows aud orphans Of pf6al
chers. aa
The establishment was placed uhdat
the care and supcFintendence OF the Gen.
cral Conference. the highest aLthority id
the Church, which was composed ofth
travelling preachers; and it has grown 10
10 its present magnitude, its caDital
amounting to nearly million Of doliafS
from the labors and fidelity OF the travel.
| ing preachers who have always Ind lid
charge OF the circulation and tho sale Il
books in the eMethodistconnection thF6dgH.
out the United States, accounting to Tic
proper Authorities for the proceeds. Tho
agents who have the immediate charge Of
the establishment, mako up yearly ac!
count of the profits, and transmit The Same
TO the several annual conferences. each an
amount in proportion to tho number OF
travelling preachers, their widows and orr
phans, comptchendcd within it, whichibo-
dies distribute the fund to the benc6cia.
rics individually, agreeably to the design
of the original founders. These several
annual conferences are composed Of tha
travelling preachers residing or located
within certain districts assigned 10 them
and comprehend, i'll tile aggregate, the On.
tire body in connection with The Metho.
dist Episcopal Church. The fund having
been thus faithfully administered since
foundation down to l84g, when the porL
ton belonging to the complainauts ID this
suit, and those they represent, vas wifI
held, embracing some thirteen Of tho an.
nual conferences.
In the year 1874, the ttayeIino 1reae,.
eTs, in General Conference assembIed. foF
causes which it is not important bar.
ticularly TO refer to, agreed upon f,iah
for division of the Methodist Episeonai
sChuTch in case the annual conf6YcnceS n
the slayebolding states should deem 4
necessary and TO the erection Of lwo
separate and distinct ecclesiastical oY6sa3ffs
izations. And according 70 this pIa5
yas aVrep6 fha 4 .ttf u, = =. 81 5t-s-5f