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![handle is hein.slavery/ssactsengr0763 and id is 1 raw text is: CR. & PH. 207. ATTORNEY-GENERAL V. IRONMONGERS' COMPANY
in his suit, with liberty to apply: of course, if he does not proceed, the other
parties will apply.
It was afterwards agreed between the parties that the sum of £135, 12s. 8d.
Bank annuities was the amount which had been purchased with Vickers's deposit.
The decree, as finally drawn up, was as follows:-
His Lordship doth order that the Plaintiff's bill do stand dismissed out of this.
Court, with costs, as against the said Defendant Charles Vickers, and with costs as.
to the other Defendants, so far as relates to the said Defendant Charles Vickers,
and to the purchase and deposit by him in the pleadings mentioned, such several costs
to be taxed by the Master: and it is ordered that £135, 12s. 8d., part of the £277,
12s. 4d. Bank 3 per cent. annuities, and £2, 3s. 4d., part of the sum of £20, 16s. 3d.
cash, respectively standing in the name of the Accountant-General of this Court, in,
trust in and placed to the credit of this cause, being the amounts that have arisen,
from the sum of £128, the deposit paid by the said Charles Vickers in the pleadings
of the said cause mentioned, be transferred and paid to the Plaintiff, Charles.
Lancelot Hoggart. And it is ordered that so much of the in-[207]-junction granted
in this cause as relates to the Defendants Winwood Thodey and Charles Vickers, in.
respect of the purchase and deposit of the said Charles Vickers, be dissolved. And
it is ordered that the said injunction, as regards the Defendants Winwood Thodey
and John Cutts, be continued; and it is ordered that it be referred to the Master
to tax the Plaintiff his other costs of this suit; and it is ordered that so much of
£141, 17s. 8d., residue of the said £277, 12s. 4d. Bank 3 per cent. annuities, as.
with £18, 12s. 11d., residue of the said sum of £20, 16s. 3d. cash, will be sufficient
to raise such last-mentioned costs, be sold, with the privity of the Accountant-
General, and out of the monies to arise by the said last-mentioned sale and the said cash,,
it is ordered that the said last-mentioned costs of the said Plaintiff, Charles Lancelot.
Hoggart, be paid to Mr. William Paterson, his solicitor, without prejudice to the
question by whom the same shall be ultimately paid. And it is ordered that the
Defendant John Cutts do prosecute his suit against the Plaintiff, and the said
Defendants Winwood Thodey and Charles Vickers. And it is ordered that the
said respective sums of £20 and £20, deposited with the registrar by the said
Defendants John Cutts and Charles Vickers, on setting down their petitions of'
appeal, be returned to them respectively. And his Lordship doth reserve the
consideration of all further directions; and any of the parties are to be at liberty to.
apply as to this Court as there shall be occasion.
Reg. Lib. A. 1840, fol. 856.
[208] THE ATTORNEY-GENERAL V. THE IRONMONGERS' COMPANY. Nov. 20, 23,
1840; Jan. 23, 1841.
(S. C. 2 My. & K. 576 ; 3 L. J. Ch. (N. S.), 11 ; 2 Beav. 313; 10 L. J. Ch. (N. S.),
201 ; 5 Jur. 356, and in House of Lords, 10 Cl. & Fin. 908. Discussed, In re Prison,
Charities, 1873, L. R. 16 Eq. 146; see Mayor of Lyons v. Attorney-General of Bengal,
1876, 1 App. Cas. 115.]
A testator gave the residue of his estate to an incorporated company in the City of
London, upon trust to apply one moiety of the income to the redemption of British
slaves in Turkey or Barbary, and one-fourth part to the support of charity schools.
in the city and suburbs of London, where the education was according to the
Church of England, not giving to any one above £20 a year; and in consideration
of the company's care and pains in the execution of his will, out of the remaining
fourth part to pay £10 a year to such minister of the Church of England as should
from time to time officiate in their hospital, and the rest to necessitlted decayed
freemen of the company, their widows and children, not exceeding £10 a year to
any family. And the testator positively forbade his trustees to diminish the capital
by giving away any part of it, or to apply the income to any use or uses but those
mentioned in his will. The income of a moiety of the residue having, for several
years, been suffered to accumulate, in consequence of there being no British captives
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