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86. Distinction between legacy to a charity and to an ordinary legatee; who must be sufficiently described and pointed out.

87. Bequest to such charitable uses as testator shall by codicil, &c. direct: if he leave no direction, this Court disposes to such charitable uses as it thinks fit.

XIX. 487

XIX. 487

88. Favorable construction of a charitable bequest.
89. From the word "divided" in a charitable bequest no
necessary inference of equality.

XIX. 487

XIX. 490

90. Bequest to such charitable purposes as the testator shall name, answered by naming one.

COSTS.-1.

COSTS.-JURISDICTION.-SUPERSTITIOUS USE.

VISITOR.

Not on information dismissed.

2. Beyond taxed.

3. Between attorney and client to the heir.

1. On Information for charity, the relator appearing to have
no title, there can be no decree but to dismiss the In-
formation; and in that case costs cannot be given out
of the charity. Attorney-General v. Oglander. -
2. In charity cases the Court often gives the relators costs
beyond the taxed costs.

3. In a charity cause costs as between attorney and client to the heir, making no improper point. Currie v. Pye. JURISDICTION.-1. Not over charity regulated by Governors under a charter; unless with management

2.

3.

of the revenues abused.

Since Queen Elizabeth.

Of the Court on abuse in management of
the revenues; and on appointment to of
fices, the heir being lunatic, by petition
to the Chancellor, as visitor.

4. On petition under stat. 52 Geo. 3.

1. The general controlling power of the Court over cha-
rities does not extend to a charity regulated by go-
vernors under a charter; unless they have also the
management of the revenues; and abuse their trust;
which will not be presumed; but must be apparent or
made out by evidence. The Foundling Hospital is an
institution of this kind; therefore on motion injunction
to restrain the governors from building round it refused;
breach of trust or probability of it not being made
out; and held not in nature of waste to turn meadow
into buildings, unless clearly injurious. Attorney-Ge-
neral v. The Governors of the Foundling Hospital.
2. The jurisdiction of the Court of Chancery upon Infor-
mations for establishing charities arose since the reign
of Elizabeth.

XIX. 490

I. 246

VII. 425

XVII. 462

II. 42

III. 726

3. Jurisdiction of the Court of Chancery in the case of abuse of a charity upon the receipt and management of the revenue by the governors; the visitor, as heir of the founder, being generally one; and for a considerable time, while there were no governors, without authority. The heir being a lunatic, the order, vacating irregular appointments of governors and a schoolmaster and for filling up those offices, was made upon petition to the Lord Chancellor, as visitor. Under the information an inquiry and account were directed as to leases of the charity estate, without involving the charity in a general account to a remote period; and a general account of the more recent period, limited to the time, when the Information was filed; with costs. Attorney-General v. Dixie.

4. Regulation of charities by petition, under stat. 52 Geo. 3. c. 101. SUPERSTITIOUS USE.-1. For educating, &c. in the Roman Catholic faith, in the Crown by Sign Manual.

1. Residuary bequest for the purpose of educating and bringing up poor children in the Roman Catholic faith void. The fund does not go to the next of kin; but is in the disposition of the Crown to some other charitable use by Sign Manual. Cary v. Abbot. VISITOR.-1. No general appointment from special powers without general visitatorial power.

2. From clear power to interpret the statutes.

1. No general appointment of visitor, excluding a Commission of charitable uses under the statute 43 Eliz. c. 4. from special powers, that would fall within the general visitatorial power; as powers to the Ordinary to interpret and determine doubts upon the statutes; of amotion and punishment, and of appointment, to the Ordinary, and to the Dean and Chapter of York, in certain cases, &c. the whole visitatorial power, particularly as to the administration of the landed property, not being intended to be given to the Ordinary, as visitor. Ex parte Kirkby Ravensworth Hospital. 2. Power, clearly given, to interpret and determine doubts upon the statutes, may itself constitute visitatorial

XV. 315

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CHATTEL.

1. Specific. Injunction to protect the enjoyment.

2.1

3. S
4.

Specific. Jurisdiction for delivery.

Personal. Possession the criterion of title. Distinc-
tion as to land.

1. Injunction upon the jurisdiction to protect the enjoyment
of a specific chattel, not properly the subject of com-
pensation by damages. Lady Arundel v. Phipps.

2. Jurisdiction for specific delivery of a chattel, the value of which is not to be estimated by damages.

3. Jurisdiction by bill in equity for the delivery of a specific chattel. Lowther v. Lord Lowther.

4. Possession the criterion of title to a personal chattel. The property therefore changed by sale in market overt. That rule adopted by the bankrupt law. Distinction as to land; possession not even prima facie evidence. See Estate (Real 1.) Heir Looms 1. Partner 16. Trust 28.

CHESTER.

1. Not within the custom of York:

1. Chester, not having been within the province of York at the time of Hen. 8, is not within the custom.

CHILD. 1. Confined to legitimate.

CHILD.

2. En ventre; limitation to.

1. The word "children," legally construed, is confined to

legitimate children.

2. Limitation to a child en ventre.

See Advancement 2. 4. Baron and Feme 47. 64. 81. 82.
83. 84. (Separation 4.) Bastard. Consideration. Con-
tract 55. Devise 6. Grandchild 2. Guardian. In-
fant. Interest 37. 39. 41. Issue. Maintenance 22. 23.
Parent and Child. Portion. Power 35. Revocation 9.

Satisfaction 40. 41. 42. 43. 44. 47. 49. 50. Trust 110.
Will 155. 208.

CHOSE IN ACTION.

1. Not liable to creditors.

1. Choses in action, viz. stock, debts, &c. are not liable to
creditors: they cannot be taken
and cannot be touched in equity.

on a levari facias;
Dundas v. Dutens.

See Baron and Feme 70. Pleading (Demurrer 17.)

CHRISTIAN NAME.

See Will (Mistake 14.)

CHRONOLOGY.

See Copyright 9.

X. 139

X. 163

XIII. 95

XIII. 122

III. 338

VII. 458 XVI. 296

I. 197

CHURCHWARDEN.

See Practice 134.

CIVIL LAW.

See Legacy 24. Satisfaction 3.

CLERGYMAN.

1. Agreement for occupation lease of a farm void.

2. Buying a lease, as property; or taking by devolution

of law.

1. An agreement in 1800 for a lease of a farm to a clergyman for the purpose of occupation is void under the statute 21 Hen. 8. c. 13. Morris v. Preston.

2. Whether a clergyman buying a lease, as property, or taking it by devolution of law, as next of kin, &c. is within the statute 21 Hen. 8. c. 13, quære.

See Marriage 5. 10. Ward of Court 16.

CLERICAL MISTAKE.

See Registry 3. 5.

CLERK.

See Attorney and Solicitor. Lien 27.

CLERK IN COURT.

See Privilege 2. Solicitor 5.

CLERK, PARISH.

See Ward of Court 1.

CLIENT.

See Attorney and Solicitor. Contract 83.

Counsel 2.

Fraud 27. 29. Guardian and Ward 5. Mortgage 33.
Pleading (Demurrer 30.)

CLIVE'S (LORD) BOUNTY.

1. Marriage before retirement of the officer necessary. 1. To entitle the widow of an officer in the East India Company's service to Lord Clive's bounty the marriage must have taken place, before he retired from the service. M'Kenny v. The East India Company.

COACHMAN.
See Legacy 42.

COAL.

See Injunction 8. 43. Trespass 3.

Vendor and Vendee 25.

CO-DEFENDANTS.

See Practice 102.

CODICIL.

See Executor 100. Will 28. 42. 89. 108. 163. (Mistake 12.)

(Republication, 2.)

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VII. 547

VII. 556

III. 203

COLLEGE, DOWNING.

See Charity 26. Costs 3.

COLLIERY.

See Coal. Frauds (Statute of) 4. Purchase 23. Will

91. 271.

COLLUSION.

See Fraud.

COLONY.

1. Jurisdiction on contract concerning an estate in a colony. I. Jurisdiction upon a contract concerning an estate in a colony but the question upon the construction of the contract, for a security by way of mortgage, having been before a Court of competent jurisdiction in the colony, and a foreclosure and judicial sale directed, the allegations of fraud merely general, and denied, an injunction was refused. White v. Hall.

See Bankrupt 27. Foreign State 5. West Indies.

COMMAND OF EAST INDIA SHIP, Sale of.
See Contract (Illegal 8.) East India Ship 1.
(Demurrer 19.)

COMMISSION.

1. In a cause the act of the Court.

Pleading

2. Not to executor; not having been charged to testator. 1. The execution of the Commission in a cause is the act of the Court, carried on by its ministers. 2. Commission not allowed to executor, no charge on that account having been made in testator's life. Bruere v. Pemberton.

See Banker 1. Executor 6. 13. Mortgage 19. Practice
196. 197. 208. Usury 4.

West Indies 1.

COMMISSION IN THE ARMY.

See Assets 24.

COMMISSION OF BANKRUPT.
See Bankrupt.

COMMISSION OF CHARITABLE USES.
See Charity 64. (Visitor 1.)

COMMISSION OF LUNACY.
See Lunacy.

COMMISSION OF PARTITION.

See Partition.

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XII. 321

VI. 30

XII. 386

J