the demurrer disposed of. The present bill of revivor and supplement proceeds further than merely for the purpose of revivor. It alleges the continued existence of outstanding terms of years, and that certain mortgages and leases are subsisting; that some satisfied terms have become vested in the Defendants, and that some of the mortgages were vested in Frank Hall Standish at the time of his death; that the action brought against Frank Hall Standish by the original Plaintiff had become wholly abated, and that the Plaintiff had commenced a new action against the Defendants, or their tenants; and that it is intended to set up the outstanding terms, as a defence; and it charges, that Frank Hall Standish and the Defendants have, verbally and in writing, admitted the Plaintiff's title; and it not only prays that the original suit may be revived, but for a declaration that the Plaintiff is entitled to the full benefit of the proceedings in the original suit, and of the supplemental matter, against the new Defendants; and, if necessary, that the demurrer may be set down to be argued; and it then prays relief, not inconsistent with the relief asked for by the original bill, but of a more extensive character, and founded on the supplemental matter. It appears to me that whilst the equity of the original bill is challenged by a demurrer undisposed of, a party claiming in the same right as the original Plaintiff, (supposing him to be at liberty to file a bill of revivor and supplement, alleging such supplemental matter as may be necessary to shew by and against whom an order to revive may properly be obtained,) is not at liberty to claim the same, or additional relief, by adding supplemental matter, in corroboration of the original claim, and not required for the purpose of shewing by and against whom an order to revive may 1842. BAMPTON V. BIRCHALL. 1842. ΒΑΜΡΤΟΝ v. BIRCHALL. may properly be obtained. This bill attempts to do that, and on that ground, I am of opinion, that the demurrer must be allowed, and I think that it is not a case in which I ought to give leave to amend. NOTE. An appeal in this case has been argued before the Lord Chancellor, and stands for judgment. May 28. 50. A. B. entered into an arrangement with a body corporate for the endowment of a school, and conveyed real The ATTORNEY-GENERAL v. The MER- THIS HIS was an information filed by the Attorney-General, and the questions were, whether the Defendants, who, it was admitted, were bound to keep up a charity for the maintenance and education of 100 boys, even in case of a deficiency of the rents of the charity estates for that purpose, were entitled to the surplus of the rents, if they exceeded the necessary amount. There was a second question, which is stated post, p. 336. The The corpora- first question arose under the following circumstances: tion stipulated estates to them of a computed de finite value. to maintain the charity for sums, payable caine bound About the year 1706, Mr. Edward Colston, a native of Bristol, was desirous of establishing a hospital or charity there, for maintaining and educating fifty poor boys, and placing them out as apprentices, and that such charity should be conducted by a corporation there, called the Society of Merchants Venturers of the city of Bristol, of which Mr. Colston was a member. It was rents should fall, and certain patronage was given to the corporation. There was a clause of forfeiture on their non-performance. Held, nevertheless, upon the context of the foundation deed, that although the corporation were bound to maintain the charity, even if the rents fell short, yet that the charity was entitled to the benefit of any increase in the rental. 1842. The GENERAL ย. The MERCHANTS VENTURERS' Society. was proposed that the charity should be maintained by a sufficient revenue arising from land, which, as to the greater part thereof, was to be purchased for the pur- ATTORNEYpose, and after a correspondence between Mr. Colston and the society, as to the expense of maintaining the charity, the society, with a view to the endowment of the charity, and acting on the behalf of Mr. Colston, and at his expense, procured to be conveyed to him a mansion-house in St. Augustine's Back in Bristol, and the manor of Beere, and lands in Somersetshire. These hereditaments, together with the manor and rectory of Locking, and certain lands there which belonged to Mr. Colston, were computed to be of the annual value of 720., subject to reduction for payment of taxes and outgoings; and the society having reckoned the cost of maintaining the charity of fifty boys at 6347. 5s. per annum, it was considered, that if independent provision were made for the payment of taxes and some outgoings, the revenue arising from the estates would be more than sufficient to pay the other outgoings, and the charges for fifty boys. But before the arrangement was completed, Mr. Colston desired to extend the benefit of the charity to fifty more boys, making in the whole 100 boys, and for that purpose to appropriate fee farm rents to the amount of 5581. 16s. per annum, and the society, considering that the charge of the additional fifty boys would be 5531. 5s., agreed to accept the trust. Accordingly, by an indenture bearing date the 25th of November 1708, and made between Edward Colston of the first part, Sir John Duddleston and several other persons named as feoffees of the second part, and the Society of Merchants Venturers of the third part, it was witnessed, that Colston conveyed to the feoffees and their heirs, the mansion-house at St. Augustine's Back, the manor of Beere, with divers hereditaments there, (some of 1842. The GENERAL v. The MERCHANTS VENTURERS' Society. of which were held by tenants on leases for lives,) the manor and rectory of Locking, the advowson of the ATTORNEY- Vicarage of Locking, and divers hereditaments there, to hold to the feoffees in fee, with a proviso, that the conveyance was "upon the trusts only, and to the only intents and purposes following, that is to say:" that the feoffees should permit the society to hold the manors and hereditaments with the appurtenances, to grant, renew, and fill up leases, and copyhold estates, and receive the fines, and likewise the rents, issues, and profits of the premises, upon the trusts, confidences, and for the only ends and purposes following. And the trust was to permit the mansion-house to be used for the habitation of fifty poor boys and schoolmasters, to maintain the boys and put them out apprentices, and repair the house. The deed then proceeded as follows:-" And forasmuch as the said master, wardens, assistants, and commonalty of the Merchants Adventurers have computed the yearly costs and charges of the maintenance of the said fifty poor boys, in manner aforesaid, and of a good schoolmaster to teach them to read, write, and learn arithmetic, and learn the church catechism, and the charges of the reparation of the said great house, with the allowance of 10l. for placing each boy apprentice, will amount yearly, one year with another, to the sum of 6347. 5s. per annum, he, the said Edward Colston, is contented and doth agree thereto; and they, the said master, wardens, assistants, and commonalty of Merchants Adventurers, do consent to accept and take the said 6341. 5s. per annum, and which shall be in the first place taken out of the clear rents and profits of the said manors and premises, as a sufficient allowance for the purposes aforesaid, and that the surplus of the rents and profits of the said manors and premises shall be disposed 1842. The ATTORNEYGENERAL V. The MERCHANTS disposed and applied towards the payment of such outgoings, wherewith the said manors and premises are, and shall be chargeable and liable unto. And for preventing and avoiding of all disputes and controversies about the yearly value of the said manors, lands, and premises; and to the end the fund and provision VENTURERS' hereby made shall not, on any pretence, be deemed or Society. taken deficient, it is agreed, by and between the said parties to these presents, and hereby so declared, that the said manor and lands above-mentioned to have been purchased of the said Edmund Bowyer, are of the yearly value of 4501., and the said manor and lands of Locking are of the yearly value of 250%., and eight cellars and lofts, being parcel of and belonging to the said great house on St. Augustine's Back, are esteemed to be of the yearly value of 201. All which rents, amount in the whole to the sum of 720l. per annum, out of which the said sum of 6347. 5s. per annum being deducted, there will remain the yearly sum of 851. 15s.; out of which said 85l. 15s., all the outgoings wherewith the said manors and premises are, or shall be subject or liable unto, are to be paid and discharged. "And whereas the taxes payable out of the said premises are computed to amount unto the yearly sum of 621. 14s. 8d., as by the first schedule hereunto annexed appears, which taxes are to be paid by the said Edward Colston in manner hereinafter expressed. "And whereas the outgoings necessarily incident thereto are by the first schedule computed to amount to the yearly sum of 66l. 15s., and the same being taken out of the said 857. 15s., there will then remain the yearly sum of 197., which said sum of 197. shall, and ought to be, applied for the uses and purposes aftermentioned. "And |