chasers. The bill did not fall due
till after the fiat issued against
the guarantor. On its being dis-
honoured:-Held, that the vendors
were entitled to prove. Ex parte
Brook, In re Willis. Page 771
12. Executors had a balance in that
character with bankers, who, (with
the customers' consent,) invested
part of it on securities not of a
proper description for an invest-
ment by executors. The bankers
made no inquiry as to the power
of the executors to make the in-
vestment, but if they had made
the inquiry all the information
which they would probably have
been able to obtain would have
shown that the executors were
residuary legatees, and that the
balance was a part of the clear
residue. The fact, however, was
that the investment was a breach
of trust, there being a codicil which
the executors had kept back, but
afterwards proved, constituting
them trustees only: Held, on
the bankers becoming bankrupt,
that they had not so participated
in the breach of trust as to entitle
the cestuis que trustent to prove
against their separate estates. Ex
parte Barnewall, In re Biddulph,
De Front's Executors' Case.
13. Where two of a firm of bankers
had drawn out a balance standing
to the account of customers in the
character of executors, and had in-
vested it in the names of them-
selves and two other trustees, upon
an unauthorized security :-Held,
on the bankruptcy of the bankers

801

not to be a case for double proof
against the joint estate and the
separate estates of the two part-
ners. Ex parte Barnewall, In re
Biddulph, Wright's Executors' Case.
Page 795
14. A trader debtor after having on
a summons under the 78th section
admitted the demand of a creditor,
petitioned under the 211th section
for an arrangement, and obtained
ex parte an order for protection
to his person and property from
all process :-Held, that the order
did not protect him from a pe-
tition for adjudication of bank-
ruptcy or from adjudication there-
Ex parte Walker, In re Hay-

on.

1. A testatrix by her will directed her
executors, as opportunity might
offer, to apply such part or parts of
the residue of her personal estate,
as by law might be legally applied
to such purposes, in the endowment
of district churches or chapels in
populous parishes :-Held, affirm-
ing the decision of Vice-Chan-
cellor Wood, that this gift was
good, not being within the pro-
visions of the Statute of Mort-
main.

A gift of personal estate, to be em-
ployed in the endowment of exist-
ing churches or chapels, is not

void as being a gift of personal
estate to be laid out or disposed
of in the purchase of land.
A similar gift, applicable to churches
and chapels to be hereafter erected,
would be supported, semble.
Shares in an incorporated Company

are not an estate or interest in
land within the meaning of the
Statute of Mortmain; nor does
it make any difference that the
Act of Parliament incorporating
the Company does not contain a
clause declaring the shares to be
personal estate.

Arrears of rent are not an estate or

interest in land within the meaning
of the Statute of Mortmain. Ware
v. Cumberlege 20 Beav. 503, over-
ruled. Edwards v. Hall. Page 74
2. The assent of the Charity Com-
missioners is not requisite to an
application for the disposal of
money paid into Court by a Rail-
way Company on the purchase of
land belonging to a charity.

The words "in any suit or matter ac-
tually pending" in the 17th section
of the Charitable Trusts Act, 1853,
refer to a suit or matter actually
pending at the time of the appli-
cation. In re Lister's Hospital.

184

3. When an estate is given upon
trust to pay to a charity an income
exactly equal to the then rents,
the charity is entitled to the benefit
of any increase; and semble, that
the same rule would be applied if
a portion of the rents not given to
the charity were wholly dedicated
to the exoneration of rents that

are so given from burdens which
would otherwise fall on them; but
the principle does not apply when
the amount given to the charity
does not equal the amount of the
rent at the time.

A testator in 1652 devised to a cor-
poration a farm, which he described
as yielding 471. a year, in trust
and confidence to pay three annual
sums of 201., 10l. and 10l. for cer-
tain specified charitable purposes,
but subject, as to the 20l. per
annum, to a life interest which he
gave in it to his sister. He also
directed, that so long as the taxes
for the maintenance of soldiers
should continue, what the corpora-
tion could not "spare out of over-
plus of rent, viz. 71," should be
deducted out of the annual sums in
which his sister was not interested.
By the same will the trustees were
directed to purchase land sufficient
to produce a certain income, the
whole amount of which the testator
directed to be applied in charity.
The rents having increased:-Held,
that the whole income of the farm
was not given to charity. Held,
also, that the corporation was not
entitled to the whole surplus, but
that the charity was entitled to
40-47ths, and to have all necessary
ordinary expenses of taxes, repairs
and costs of management paid out
of the remaining 7-47ths; and
that, subject thereto, the 7-47ths
belonged to the corporation bene-
ficially.

Semble, that it is the duty of an

appellate jurisdiction to leave un-

disturbed a decision in which it
is not thoroughly persuaded that
there is error.

Where the court sees clearly the in-
tention of the founder of a charity,
no argument founded on length
of time can prevail against it.
Attorney-General v. The Corpora-
tion of Beverley.
Page 256

See EVIDENCE.

CHIEF CLERK.
See PRACTICE.

CLERGYMAN.
See BENEFICE.

COMMITTEE.

See WINDING-UP ACTS, 2.

COMMON, TENANT IN.
See ADVOWSON.

COMPANY.

See MINE.

WINDING-UP ACTS, 1.

CONSIDERATION.

See UNDUE INFLUENCE.

VOLUNTARY INSTRUMENT.

CONSTRUCTION.

See APPOINTMENT.

CHARITY, 3.

STATUTES, CONSTRUCTION Or.
WILL, 1, 2, 3, 4, 5, 6.

CONTEMPT.
See INFANT.

CONTINGENT DEBT.
See BANKRUPTCY, 8, 9, 11.

CONTINGENT LIABILITY.

See BANKRUPTCY, 10.

CONTRIBUTION.
See ASSETS.

PLEADING.

WINDING-UP ACTS, 2.

CONTRIBUTORY.
See WINDING-UP ACTS, 1.

COPYRIGHT.
Publishers agreed with an author to
print, reprint and publish a work
by him at their own risk, on the
terms of dividing equally with him
any profits that there might be
after payment of all expenses; and
that if all the copies should be
sold and another edition should be
required, the author should make
all necessary alterations and addi-
tions, and the publishers should
print and publish a second and
subsequent editions on the same
terms. After the publication of
the first edition the firm of the
publishers was changed, and the
interest of the old firm in the
work was expressed to be assigned
to the new firm. The author pre-
pared and the new firm published
a second edition without any new
agreement being entered into.
Afterwards, a partner in the new
firm (the only remaining member
of the old firm) became bankrupt,
and his assignees, with the solvent
partner, sold and assigned to other
law publishers all the interest of
the firm in the work and all the
unsold copies :-Held, that the

DECREE.

In a creditors' suit for the admini-
stration of real estate, subject to a
mortgage having priority to the
claims of creditors, a sale of the
estate free from the mortgage can-
not be directed without the con-
sent of the mortgagee, whether he
is a party to the suit or not. If,
however, the mortgagee is a party
to the suit, the direction will not
be made in the common alternative
form, namely, that the property
shall be sold free from his secu-
rity if he concurs in the sale, and
subject to it if he does not concur;
but the court will require the
mortgagee to elect at once whe-
ther he will concur or not. Wic-
kenden v. Rayson.
Page 210
See JUDGMENT, 1.

DEVISE.
See WILL, 7.

DIRECTOR.

See WINDING-UP ACTS, 2.

DISCLAIMER.
See TRUSTEE ACT.

EASEMENT.
See PUBLIC HEALTH.

EVIDENCE.

Where a tenant of land for life or
for years or at will has lands of
his own adjoining to that which
he so holds as tenant, it is his duty
to keep the boundaries between

them clear and distinct, so that
at the expiration of the tenancy
the reversioner or remainderman
may be able without difficulty
to resume possession of what be-
longs to him, and if the person
having such partial interest neg-
lects this duty, and suffers the
boundaries to be confused so that
the reversioner or remainderman
cannot tell to what lands he is en-
titled, this Court will give relief by
compelling the persons who have
occasioned the difficulty to make
good out of what may be consi-
dered to be in the nature of a
common fund, that portion of it
which belongs to another; but in
order to obtain this relief it must
be shown that the tenant is in pos-
session of the specific land origi-
nally demised.

An information, on behalf of the poor
of a parish, stated an agreement
dated in 1634, by the then Earl
of Portland, which recited, that
there lay in his park at R. divers
parcels of land, which contained
about six and a half acres, and be-
longed to the poor of the parish,
for which lands, lying dispersed in
his grounds, being theretofore or-
dained for good and charitable
uses, the Earl was desirous to give
a full yearly rent and satisfaction,
and thereby promised and agreed
to pay to the churchwardens and
overseers of the parish for the
time being yearly the sum of 6l.;
and the Earl thereby promised
and agreed to make such further
assurance thereof as by counsel