The Right Honourable Francis Blackburne, HM Attorney General for Ireland, at the relation of William Charles Quin, Esq. Secretary to the Commissioners of Education in Ireland, - Appellant; Thomas William Hungerford, George Charles Jeffries, C. H. Saint John Earl O'Neill, John L. Broderick, Henry Earl of Shannon, George Viscount Middleton, The Right Rev. Samuel, Lord Bishop of Cork, Thomas Poole, Esq., and the Commissioners of Education in Ireland, - Respondents
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1834 |
| Date | 01 January 1834 |
| Court | High Court of Chancery |
English Reports Citation: 5 E.R. 1005
COURT OF CHANCERY.
Mews' Dig. iii. 270. S.C. 2 C1. & F. 357. See A.-G. v. Pilgrim, 1840, 12 Beav. 57; and Magdalen College, Oxford v. A.-G., 1857, 6 H. L. C. 189.
[437] IKELAND. COURT OF CHANCERY. The Pdght Honourable francis blackburne, His Majesty's Attorney-General for Ireland, at the relation of william charles quin, Esq. Secretary to the Commissioners of Education in Ireland,--Appellant; thomas william hungerford, george charles jeffries, C. H. saint john Earl o'neill, john L. broderick, henry Earl of shannon, george Viscount middleton, The Eight Eev. samuel, Lord Bishop of cork, thomas poole, Esq., and the Commissioners of Education in Ireland,- Respondents [1834]. [Mews' Dig. iii. 270. S.C. 2 Cl. & F. 357. See A.-G. v. Pilgrim, 1840, 12 Beav. 57 ; and Magdalen College, Oxford v. A.-G., 1857, 6 H. L. C. 189.] In the year 1710, lands in Ireland, having recently before they were vested in trustees for a charity been let for £100 per annum, which as far as appeared was a fair rent, were leased by the trustees at the same rent, for a term of three lives, upon a premium of £300, with a covenant for perpetual renewal upon the dropping of a life, paying £25 for each renewal. In 1782 the lease was renewed upon payment of the fine. Upon information filed to rescind the lease: Held, under the circumstances, the state of Ireland at the date of the original lease, the practice of the country relating to such leases, and the long acquiescence, that the interest of the lessee ought not to be disturbed. [438] Elizabeth Countess of Orkney, before her marriage with George Earl of Orkney, by indentures of lease and release, bearing date on the 22dand 23d days of November, in the year 1 695, and made between the Countess, by the name of Elizabeth Villiers,of the city of Westminster, spinster, of the first part; the said Earl, by his then name of the Honourable George Hamilton, of the second part; and the Right Honourable Edward Lord Viscount Villiers, eldest brother of the said Elizabeth Villiers, and Thomas^Broderick, Esquire, of the third part, conveyed to Lord Viscount Villiers and Thomas Broderick, and their heirs, all her estates in the kingdom of Ireland, with the appurtenances, upon the several trusts and to the intents and purposes declared in and by one indenture tripartite, bearing even date therewith, and made by and between the same parties. By the indenture so referred to, it was declared and agreed as to the several honours, manors, lands, tenements, and hereditaments therein mentioned, whereof the lands and hereditaments herein-after named were parcel, that the said Lord Viscount Villiers and Thomas Broderick, and the survivor of them, and the heirs and assigns of such survivor, should from time to time, and at all times thereafter, grant and convey the same to such uses and purposes, and subject to such charges, provisions, conditions, limitations, and power of revocation and limitation of new uses and estates as she the said Elizabeth Villiers from time to time, whether under coverture or sole, by any writing or writings by her signed in the presence of two or more credible witnesses, or by her last will and testament in writing, [439] signed and attested as aforesaid, should direct and appoint. 1005 VIII BLIGH N. S. A.-G. V. HUNGERFORD [1834] By indentures of lease and release, the release bearing date the 23d day of October iu the year 1696, made between the said George Earl of Orkney of the first part, the said Elizabeth Countess of Orkney, his wife, of the second part, the said Lord Viscount Villiers and Thomas Broderick of the third part, and Allan Broderick, Esquire, then His Majesty's Attorney-General in Ireland, and Laurence Clayton, Esquire, of the fourth part, reciting, amongst other things, that the said Countess was resolved to erect and found a school-house with all suitable conveniences in the town of Middleton, in the barony of Imokelly and county of Cork, and to establish a free-school there, and to endow the same with a perpetual maintenance for the education of youth, with exhibitions to be allowed to certain persons at the university who should have their education at the said school, according to such rules, statutes, and ordinances as the said Countess should make, or in case of her not doing so, as the greater number of the governors of the said school should make; and that in the mean time the said persons, or the major part of them, should, when the said school was in readiness for the reception of scholars, or sooner if they should see occasion, appoint a head schoolmaster of the said school, and an usher under him, and a master to teach to write and cast accounts, unless the said governors, or the major part of them, should find out a person qualified to undertake both the said employments of usher and writing master ; and that after the expenses of building the said school-house, out-houses, and other conveniences [440] should be paid, there should be yearly paid to the schoolmaster the sum of £100, to the usher the sum of £20, to the person who should teach writing and casting accounts, whether the same person that was usher, or another, the sum of £20, and that the sum of £10 per annum should be laid by every year as a fund for repairs to the school-house and other houses, and for contingent charges, and that the sum of £50 per annum should be paid as exhibitions to scholars at the university, who had been educated at the said school, in such proportions and for so long time as the major part of the governors for the time being should direct, no one exhibition to exceed £15 per annum ; and until there should be such scholars who, in the judgment and opinion of the major part of the governors, should be deserving of such allowance, the same should be employed for such other charitable uses and purposes in the said town of Middleton, or near the same, or elsewhere within the said kingdom of Ireland, as to the said governors for the time being, or the greater part of them, should seem best; and that in the first place the rents, issues, and profits of the said lands and premises should then immediately go and be applied towards the purchasing and preparing a fit and convenient place and materials necessary for erecting a school-house and other fitting houses and conveniences for the master, usher, and boarders, and for and towards the building the same in such part of the said town of Middleton, and after such manner and form, as she the said Countess, or such other person or persons whom she had or should depute for that purpose, should order and direct: It is by said last-mentioned indenture of release witnessed, that for the purposes [441] therein mentioned she the said Elizabeth Countess of Orkney, with the concurrence of the said Earl her then husband, according to the said power to her reserved, and by virtue of all and every other powers and authorities, did thereby declare, limit, and appoint that the said Edward Lord Viscount Villiers and Thomas Broderick, and the survivor of them, his heirs and assigns, should and might grant and convey unto the said Allan Broderick and Laurence Clayton, and their heirs, her said estates in Ireland by the name and description of the towns and lands of Dowlas alias Dringas, containing by estimation 257 A. 1 R. 8 P. ; the lands of Ballylehortig, containing by estimation 114 a. 1 R. 14 P. ; the lands of Ballyrenegan, containing by estimation 393 A. 0 R. 14 P. ; the lands of Ballynemaule, containing by estimation 163 A. 0 R. 32 P. ; the lands of Ballydonagha, containing by estimation 40 A. 2 R. 4 p. ; and the lands of Tullaghloane alias Tullaghlane, containing by estimation 64 a. 3 R. 24 P. ; all which said lands and premises are situate in the barony or baronies of Kinnelea and Kirrecurry, in the said county of Cork ; and all other the towns and lands within the said barony or baronies formerly leased to Sir John Meade, Knight, by the then late King James the Second, when Duke of York, at the rent of £100 per annum ; and also the towns and lands and hereditaments of Kilgobbin and Ballyscobeg, situate in the barony of Carbery and county of Cork, containing by estimation 851 A. ; and all the other towns and lands within the said barony of Carbery formerly let unto William Woith, Esq. by 1006 A.-G. V. HUNGERFORD [1834] VIII BLIGH N. S. the then late King James the Second, when Duke of York, at the yearly rent of £104 ; to hold the same, with the appurtenances, [442] to the said Allan Broderick and Laurence Clayton, their heirs and assigns for ever ; but upon trust from time to time for ever to dispose of all the rents and profits thereof towards the purchasing and providing a convenient place and materials for the building of a school-house and other fitting houses and conveniences for a master and the usher, and for the reception of boarders and scholars, and such other suitable accommodations and buildings within the said town of Middleton, and in such manner and form, as should from time to time be ordered and directed by the said Countess, or by such person or persons as should be nominated by the said Countess for that purpose; and after the said school and school-house and other buildings and accommodations should be finished, and the charges thereof fully satisfied, then for and towards the payment and discharge of the respective allowances, salaries, and pensions therein and herein before mentioned ; and the said...
To continue reading
Request your trial
-
HM Attorney General of Ireland, at the Relation of William Charles Quinn, Esq. Secretary to the Commissioners of Education in Ireland, - Appellant; Thomas William Hungerford and Others, - Respondents
...to the Commissioners of Education in Ireland -Appellant Thomas William Hungerford and Others -Respondents. Mews' Dig. iii. 270; S.C. 8 Bli. N.S. 437. See A.-G. v. Pilgrim, 1840, 12 Beav. 57; and Magdalen. College, Oxford v. A.-G., 1857, 6 H.L. C. 189. [357] APPEAL feom the court of chancery......
-
The President and Scholars of the College of St. Mary Magdalen, Oxford, - Appellants; Attorney General, - Respondent
... ... a long period previously to the reign of George II. the parish of St. Olave, Southwark, possessed ... Olave, Southwark, and St. John, Horsleydown; and it was thereby enacted that all ... parish, were parties of the first part; the Rev. Richard Penrieck, rector of St. John, the ... filed by the Attorney-general, at the relation of some, and on behalf of all the inhabitants of ... ] action questioned, the burden of shewing a right to question it, lies on the Respondents, and that ... and Gord. Ill, 149) it was said by the Lord Chancellor in a case of this very kind, that ... 291), and the Attorney-general v. Hungerford (2 Clark and F. 357 ; 8 Bligh, N.S. 437) (where ... and War. 67), and The Commissioners of Charitable Donations v. Wybrants (2 Jo. and ... Leonards, when he was Lord Chancellor of Ireland. First, in the case of The Incorporated Society ... ...
-
Attorney General v Higham
...circumstances of this case, the Court will regard the lapse of time. [The Vice-Chancellor referred to Attorney-General v. Hungerford (8 Bligh (N. S.), 437; 2 Cl. & Fin. 357), upon the question whether a charity is barred by lapse of time.] Whether the statute can or cannot properly be plead......
-
Attorney General v The Mayor, Aldermen and Burgesses of Newark-upon-Trent
...3 Mer. 539), Sir Thomas Plumer (Attorney-General v. Warren, 2 Swanst. 302), Lord Brougham (Attorney-General of Ireland v. Hungerford, 8 Bligh (N. S.), 437 ; S. C. 2 Cl. & Fin. 357), and Lord Langdale. The Master of the Eolls observed that " it has been truly said that, when a considerable b......