*34]

*County of DURHAM,-Northern Division.

JOHN STEPHENSON ROBSON, Appellant, LAWRENCE LAWSON BROWN, Respondent. Nov. 14.

Appeals cannot be consolidated under the 6 & 7 Vict. c. 18, s. 44, unless they depend upon the same precise point of law.

Where, therefore, a consolidated appeal contained a different statement of facts as applicable to the several voters, requiring several decisions in point of law, the court declined to entertain it.

AT a court held for the revision of the lists of voters for the northern division of the county of Durham, on the 16th of September, 1856, at Lanchester, John Stephenson Robson, on the register of voters for the said division, duly objected to the name of Lawrence Lawson Brown being retained on the register of voters for the parish of Hunstonworth in the said division.

The name of the said Lawrence Lawson Brown appeared on the said register, as follows:

Name, &c., of voter. Place of abode. Qualification. Local description of the property, &c.

Brown, Lawrence Witton-le-Wear. Annuity out of Lawson. freehold lands.

Lord Crewe's trustees.

N. B. In the heading of the fourth column, for the local description of the property, is inserted the following direction, viz. " or, if the qualification consist of a rent-charge, then the names of the owners of the property out of which such rent is issuing, or some of them, and the situation of the property."

The said John Stephenson Robson also objected to the several names of John Calcot, Mark Pattinson, and James Thompson, whose qualifications were respectively described on the said register, in the third column, as "freehold rent-charge," and in the fourth column as "Lord Crewe's trustees;" also to the name of George Dugard, whose qualification was described on the said register, in the third column, as "freehold rent-charge," and in the fourth column as "Hunstonworth, Lord *Crewe's trustees, owners;" also to the name of William *35] Cassidi, whose qualification was described on the said register, in the third column, as "annual charge on freehold lands," and in the fourth column as "Lord Crewe's trustees;" also to the name of William Darnell, whose qualification was described on the said register, in the third column, as "rent-charge issuing out of freehold lands," and in the fourth column as "Lord Crewe's trustees;" also to the name of William Kay, whose qualification on the said register was described, in the third column, as "annual charge on freehold lands," and in the fourth column as "Lord Crewe's trustees;" also to the name of Richard Marshall, whose qualification on the said register was de

scribed, in the third column, as "annual charge on freehold lands," and in the fourth column as "in the parish of Hunstonworth;" also to the name of Robert Taylor, whose qualification on the said register was described, in the third column, as " annual rent-charge on freehold lands," and in the fourth column as "Lord Crewe's trustees;" and also to the name of Henry Baker Tristram, whose qualification on the said register was described, in the third column, as "freehold rentcharge," and in the fourth column as, "out of lands in the parish of Hunstonworth, Lord Crewe's trustees, owners."

The facts of the case, as proved, were as follows:

Lord Crewe, being seised in fee of certain lands, tenements, and hereditaments in the said parish of Hunstonworth, in the said county of Durham, and also of other lands, tenements, and hereditaments in the county of Northumberland, by his will, dated the 24th of June, 1720, and properly executed (and attested) to pass real estates, devised all the said lands, tenements, and hereditaments, to five trustees named in the said will, their heirs and assigns, for ever, upon the following trusts, viz. upon trust that they, the said trustees, and the survivors and survivor of them, and the heirs and assigns of the *survivor of [*36 them, should, out of the rents, issues, and profits of the said lands, tenements and hereditaments, in the said counties of Durham and Northumberland, for ever thereafter pay or cause to be paid the yearly sum of 20%. to each and every of twelve exhibitioners of Lincoln College, in the University of Oxford, which he had then already named and appointed, or which he should thereafter nominate and appoint, and to each and every of twelve exhibitioners to be elected and chosen after his decease, as thereinafter mentioned, who should be under-graduate commoners in Lincoln College aforesaid, and who were or should be natives of the diocese of Durham, and, for want of such, natives of Northallertonshire, Howdenshire, in the county of York, or of Leicestershire, and particularly of the parish of Newbold Verden, or of the diocese of Oxford, whereof he was formerly bishop, or of the county of Northampton, in which county he was born (with certain directions and limitations for electing fresh exhibitioners in case of vacancies, and as to the time and conditions of the holdings of the said exhibitions, not material in the judgment of the revising barrister to the present cases): Upon the further trust that the said trustees, their heirs and assigns, should, out of the rents, issues, and profits of the said lands, tenements, and hereditaments in the said counties of Durham and Northumberland devised to them as aforesaid, for ever thereafter, pay the annual sums thereinafter mentioned, that is to say, unto the minister of the parish church of Bamboro, in the county of Northumberland, and his successors, the yearly sum of 407. per annum ; and to the minister of St. Andrew's church in Auckland, in the county of Durham, and his successors, the yearly sum of 301.; and the yearly sum of 107.

apiece for the augmentation of twelve poor rectories, vicarages, small livings, or curacies in the diocese of Durham, such as he should by any writing or writings, codicil or codicils, under his hand and seal, *37] to *be attested by three or more credible witnesses, from time to time direct and appoint, and, in default thereof, to and for the augmentation of twelve such poor rectories, vicarges, small livings, or curacies within the diocese of Durham aforesaid, as the said trustees, and the survivors and survivor of them, and the heirs and assigns of the survivor of them, should direct and appoint; and unto the ministers, lecturers, or curates of the parishes of All Saints and Saint Michael's in Oxford, of Twyford, in the county of Bucks, and of Comb, in the county of Oxford, which belonged to Lincoln College aforesaid, and to the several successors for the time being, the several yearly sums of 101. apiece for catechising youth, within the same respective parishes; and unto the poor scholars of Trap and Marshall in Lincoln College aforesaid (being eight in number), such annual sums as would make up and increase their respective scholarships to the yearly sum of 107. apiece (including what they then already respectively received on account of their several scholarships), to the intent that their respective scholarships might be all alike in their respective yearly values; and to the bible-clerk of Lincoln College aforesaid, such annual sum as would make up and increase his salary to the yearly sum of 107. (including what he then already received on account of his clerkship); and also the yearly sum of 20l. to the rector of the said college, and the yearly sum of 10l. apiece to each of the said fellows of the said college, which benefactions he gave to the said rector and fellows of Lincoln College aforesaid, and to the college aforesaid, being the place where he had had his education, and of which college he was first fellow and afterwards rector; and to each of the almsmen and almswomen in each of the hospitals of Durham and Bishop Auckland, of the foundation of Bishop Cosens, and to each of the six almswomen in the hospital of Brackley, in the county of Northampton, of the foundation of his grandfather, Sir Thomas Crewe, and to each of the two almswomen in *38] the Hospital at Hinton, in the said county of Northampton, of the foundation of Elisha Hele, Esq., the several yearly sums of 408. apiece; and to such schoolmaster of Newbold Verdon aforesaid for the time being, the yearly sum of 201.; and to the trustees for the time being of the hundred of Spackenhoe, in the county of Leicester, for the relief of the widows, orphans, and children of poor clergymen deceased and to their successors, the yearly sum of 107., to be by the said trustees and their successors distributed for the relief of widows, orphans, and children of poor clergymen, deceased within the said hundred, in such proportions as the said trustees and their successors should think fit; and unto the minister and churchwardens of the parish of Daventry, in the county of Northampton, and to their successors, the yearly sum of

67. to be by them paid and applied for and towards the support and maintenance of a charity school to teach poor children of the said parish of Daventry to read English and write: All which said annual payments he willed and desired should be for ever thereafter paid in manner following, that is to say,-unto the said almsmen and almswomen, by quarterly equal payments, on the Feast of St. Michael the Archangel, St. Thomas the Apostle, the Annunciation of the Blessed Virgin Mary, and St. John the Baptist, the first payment to begin and be made at such of the said feasts which should first or next happen after his decease; and all other the annual payments, by half-yearly equal payments, at the feast of St. Michael the Archangel, and Annunciation of the Blessed Virgin Mary, the first payment thereof to begin and be made at such of the same two last-mentioned feasts which should first and next happen after his decease. And the testator by his said will, did will, order and direct that all the said annual payments by him directed to be paid to the said rector, fellows, exhibitioners, poor scholars of *Lincoln College aforesaid, and to the said ministers, lecturers, or curates, [*39 of All Saints, St. Michael's, Twyford, and Comb, aforesaid, and to the bible-clerk, should be from time to time received by the bursar of the said college for the time being, as other rents of the said college were by him received, to be by him paid for the uses aforesaid, and for no other use or uses whatsoever, whom the testator thereby required to give security to pay the money coming to his hands by virtue of that his will, to the uses aforesaid, to the satisfaction of the rector and fellows of the college aforesaid: and his will was, and he did thereby direct, that all the said annual payments for ever thereafter should be made without any deduction or abatement whatsoever for taxes, charges, or assessments for or by reason of any act or acts of parliament then already made or thereafter to be made, or by reason or means of any other payments, matter, or thing whatsoever, and to begin to be made in manner as he had thereinbefore directed.

Then follow directions as to the application of the surplus rents "after the said annual payments should be paid, and not before,' which the revising barrister did not think material to be set forth.

The will contained a clause for the election and appointment of new trustees from time to time on the death of any one or more of the trustees appointed by the will, so as the trustees should never exceed five in number, and providing that the rector of Lincoln College for the time being should be one of the trustees; and the will contained a further clause directing that the trustees for the time being should be satisfied and paid for their charges and expenses which they or any of them should be put unto, lay out, or expend in or about the execution of all, every, or any of the trusts aforesaid, or by reason of any matter or thing whatsoever any ways relating to or concerning that his will, or the trusts therein contained.

N. S., VOL. I.—4

*The present trustees are, James Thompson, D.D., rector of

*40] Lincoln College, Charles Sharpe, D.D., Archdeacon of Durham,

William Nicholas Darnell, D.D., rector of Stanhope, the Rev. Henry George Liddell, rector of Easington, and the Rev. John Dixon, clerk, of Belford.

Hunstonworth is a parish, and the parish and township are co-extensive. Lincoln College is a corporation aggregate, styled «The Warden or Rector and Scholars of the Blessed Mary and All Saints, Lincoln, commonly called Lincoln College;" and the rector and fellows are respectively members of the corporate body.

The said James Thompson is rector, and the said Calcot, Mark Pattinson, and William Kay are severally fellows of Lincoln College.

The said Lawrence Lawson Brown is perpetual curate of Witton-leWear, in the county and diocese of Durham, which is one of the small living or curacies which have been augmented with 107. a year pursuant to the said will of Lord Crewe.

The said William Cassidi is vicar of Grindon, in the county and diocese of Durham, which is another of the small livings which has been augmented with 107. a year pursuant to the said will.

The said William Darnell is perpetual curate of Bamborough, in the said will mentioned.

The said George Dugard is perpetual curate of Barnard Castle, in the county and diocese of Durham, which is another of the small livings which has been augmented with 101. a year, pursuant to the said will.

The said Richard Marshall is perpetual curate of Wettonstall, in the county and diocese of Durham, which is another of the small livings or curacies which has been augmented with 107. a year, pursuant to the said will.

The said Robert Taylor is perpetual curate of Hartlepool, in the county and diocese of Durham, which is *another of the small livings or curacies which has been augmented with 10l. a year, pursuant to the said will.

*411

The said Henry Baker Tristram is vicar of Castle Eden, in the county and diocese of Durham, which is another of the small livings which has been augmented with 10l. a year, pursuant to the said will.

The aggregate amount of the said several annual sums so by the said will primarily made payable out of the rents, issues, and profits of the said devised lands, tenements, and hereditaments in Durham and Northumberland, is 7401. 68. 8d.; and they are, and always have been, paid out of a joint fund derived from the rents, issues, and profits of the whole of the said devised lands, tenements, and hereditaments in Durham and Northumberland, without distinction.

All the annual payments directed by the said will to be paid to the rector, fellows, exhibitioners, poor scholars of Lincoln College aforesaid,