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![handle is hein.slavery/ssactsengr0188 and id is 1 raw text is: SHELDON V. MUMFORD
its form, and that the revenue may not be defrauded, but that a sufficient sum is paid
at the king's silver-office, of which the officer will take care.
(268] SHELDON QUI TAM V. MUMFORD. Nov. 28, 1813.
The Court will not permit the Defendant in a qui tam action to compound, unless the
counsel for the crown are instructed to consent on behalf of the treasury.
Vaughan Serjt. moved to compound a penal action on the statute of usury, upon
payment of 3501. to the Plaintiff, producing an affidavit that 3501. more had been paid
to the king, and that notice of this motion had been served on the solicitor to the
treasury. Neither of the king's scrjeants had any instructions on behalf of the crown
to consent, and this Defendant wished one of them to volunteer a consent without fee
or instructions.
Per Curiam. There must be king's counsel instructed to consent on behalf of the
crown.
Rule refused.
NEWLAND V. MARJORIBANtCS AND OTHERS. Nov. 28, 1813.
[S. C. 1 Marsh. 44. Distinguished, Stoces v. Salornons, 1851, 9 Hare, 81.]
Devise of all the rest, residue, and remainder of the testator's estate : Quare whether
restricted to personal estate by directions applicable to personalty only, to lay it
out at interest and change the securities.-Devise to trustees and their heirs for a
term of ten years.
This was an action of trover, brought to recover the value of 10 hogsheads of
sugar, which was tried before Mansfield C. J., at the sittings after Trinity term 1813,
at Guildhall, when a verdict was found for the Plaintiff, for 3001., subject to the
opinion of the Court upon the following case: John Newland, deceased, at the time
of making his will, and of his death, was seised in fee simple of a considerable real
estate situate in the island of Jamaica, and was also possessed of a considerable number
of slaves, and of personal estate to a considerable amount. The personal estate was
more than sufficient to pay the testator's debts and funeral expences, and such debts
and funeral expences had been [269] paid accordingly. John Newland being so seised
and possessed, on the 8th day of July 1799, made his will, which was duly executed
and attested, as by law is required to pass real estates in Jamaica, and in which, after
declaring that it was his will and desire that his just debts and funeral expences
should be fully paid and satisfied, to the payment of which he made liable all his
estate, real and personal, he bequeathed unto each of the children of his brother,
Patrick Newland of Glasgow, the sum of 1001. sterling; unto D. Russell, shoemaker,
Edinburgh, the sum of 1001. sterling; and unto M. Newland, of the parish of Bath-
gate in the county of Linlithgow, North Britain, the sum of 501. sterling: as to all
the rest, residue, and remainder of his estate, of whatsoever nature or kind the same
might be, and of which he might be possessed or interested in at the time of his
decease, he gave, devised, and bequeathed the same unto A. Marjoribanks of Balbairdy,
W. Innes of Cathlaw, A. Gillon of Wallhouse, -Wardrop of Cuilt, and Baillie
of Polkemmet, all of the county of Linlithgow, Esquires, their heirs and assigns for
ever, nevertheless upon trust, that they his trustees did as soon as conveniently might
be after his decease, put and place out the same in some public or private fund, upon
good and sufficient security, with full power at any time to call in, remove, or new
place out the same, in such manner as they should think fit, so as the best annual
interest should be made thereof, and to receive and take the annual interest or
produce thereof for and during the term of ten years after his decease, in trust to
place out the same annually in like manner, so as that the interest might become a
principal sum; and at the end and expiration of such term of ten years, then that his
trustees, their heirs or assigns, or the major part of them, should pay and apply the
annual interest of the whole of such principal money, in the erection of a free-[270]-
school in such part of the said parish of Bathgate as his said trustees, or the major
part of them, should think fit and proper, for the education of the youth of the said
5 TAUN1T. 268.](ViewImageLocal?handle=hein.slavery/ssactsengr0188&div=1&collection=&method=preview&ext=.png&size=3)