Attorney General v The Mayor, Aldermen and Burgesses of Newark-upon-Trent
Jurisdiction | England & Wales |
Judgment Date | 15 February 1842 |
Date | 15 February 1842 |
Court | High Court of Chancery |
English Reports Citation: 66 E.R. 1086
HIGH COURT OF CHANCERY
S. C. 11 L. J. Ch. 270; 6 Jur. 387. See In re Mason's Orphanage and London and North-Western Railway Company [1896], 1 Ch. 59, 596.
[395] attorney-general v. the mayor, aldermen and burgesses of newark-upon-trent. Feb. 14, 15, 1842. [S. C. 11 L. J. Ch. 270 ; 6 Jur. 387. See In re Mason's Orphanage, and London and North-Western Eailway Company [1896], 1 Ch. 59, 596.] By the decree made on an information which was filed for an account of certain charity estates, it was, by mistake, ordered that an estate belonging to another charity should be sold. The estate was contracted to be sold under the decree, but the purchaser was afterwards discharged. Another information was then filed suggesting that it would be beneficial to the latter charity to resell the estate, and praying, amongst other things, an inquiry as to that fact. Held, that the Court ought not to decree the sale of a charity estate, except upon a very special case : and that so much of the second information as sought to obtain an inquiry preparatory to that decree, in the absence of any special case for it, must be dismissed. In 1829 an information was filed against the mayor and aldermen of the borough of Newark-upon-Trent for the purpose of ascertaining and distinguishing the estates of several charities (not including a charity founded by Anthony Collingwood), and to have the respective trusts of such estates declared and carried into effect. By the decree made in 1830 an account of the several estates was directed, and also an inquiry whether the Defendants had any lands, tenements or hereditaments, or any chattels, real or personal estate, whereby they could answer " what should be coming upon the said accounts." By the report in July 1833 the Master found that the Corporation was entitled to the site and materials of a dwelling-house in Newark-upon-Trent, recently pulled down, and which was in 1678 devised by the will of Anthony Collingwood to the said mayor and aldermen to the use of the poor of the Corporation. By the decree in August 1833, on further directions, it was ordered that the site and materials of the said dwelling-house should be sold-that all parties should join in the sale as the Master might direct, and the purchase-money be paid into Court. The site and materials of the house were accordingly sold in four lots, three of which were bought by J. Wright for 807, and one by T. Massey for 115. Another information was filed in 1836, stating that since the decree it had been ascertained that the said house and premises had been devised by Anthony Collingwood to the said mayor and aldermen to the use of the poor of the [396] Corporation ; that the house had been let at a rent of 50 per annum, of which 8, 11s. 9d. had been distributed to the poor, and the remainder applied by the Corporation to their own use; and that, in the present condition of the premises and under all the circumstances, it would be beneficial for the charity that the premises should be sold. The prayer was for a reference to inquire of the expediency of confirming the sale, and how much of the costs of the first suit had been properly incurred for the benefit of Collingwood's charity, and for payment out of the property of that charity, and the application of the surplus according to the trusts. It was thereby also prayed that the suit might be deemed and taken, if necessary, as supplemental to the first suit. The latter information was not prosecuted to a decree, owing to the operation of the Municipal Corporation Act (5 & 6 Will. 4, c. 76) in divesting the Defendants of their interests in the charity estates. J. Wright, one of the purchasers under the former sale, in the meantime, moved to be discharged, and was discharged from his purchase. 1 HARE, 397. BURGESSES OF NEWARK-UPON-TRENT 1087 New trustees of the charity estates having been appointed, a...
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Re McBain
...E P v Wyggeston's Hospital (1852) 16 Beav 313 [ 51 ER 799]; Attorney-General v The Mayor, Aldermen and Burgesses of Newark-Upon-Trent (1842) 1 Hare 395 [ 66 ER 1086]; Attorney-General v Governors of the Sherborne Grammar School (1854) 18 Beav 256 [ 52 ER 101]; Attorney-General for Ireland (......
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The President and Scholars of the College of St. Mary Magdalen, Oxford, - Appellants; Attorney General, - Respondent
...of Newcastle v. The Attorney-general (12 Clark and F. 402), and other cases. One of them is The Attorney-general v. Newark-upon-Trent (1 Hare, 395), where the corporation was not allowed to sell charity lands which in the cours,e of time had become intermixed with its own. In The Attorney-g......