attorneygeneral eastern relation reid v the mayor alderman and burgess of  stamford all easter term Geo a charity establish on a information pray relief  which be refuse lease by trustee of a charity information against the mayor  alderman and burgess of Stamford the representative of some of the precede  mayor the lessee and tenant of the charity land the representative of the late  schoolmaster for the miss employment of the profit of certain swanston land  give to the free school at Stamford whereof the mayor alderman and burgess be  heretofore trustee and now the mayor sole particular in apply part of the rend  for the benefit of the corporation and it be lie down by Lord chancellor that  where a lease be make by trustee at a undervalue by collusion between they and  the lessee this court can not only make a decree against the trustee but also  against the lessee for the surplus money but this be to be do only where the  circumstance of such collusion be very strong that where power be give to the  trustee of a charity to make lease general as in this case they have a power  both in law and equity either to take fine or reserve rend as be most  beneficial for the charity that where in the donation the feoff be direct to  apply the rend towards the necessary find a master and for the pain of such  master and they apply part of the profit towards rebuilding and repair the  schoolroom and schoolhouse this be a good pursuance of the trust because a  schoolroom and house be necessary and if these be not provide by the trustee  they must be provide by the master himself and so it be in effect apply for  the pain of the master and here the word of the donation be that Mr Ratcliff  intend to find and erect a school c these seem to show that a new school be to  be build that in this case in the lease make by the mayor alderman and burgess  the trustee there be covenant from the lessee for grind at the corporation  mill such covenant be improper and ought not to be insert that though this  information as to the matter of relief ought to be dismiss there be no  misapplication of the rend or collusion yet as this charity be never establish  either by a commission of charitable use or by decree it be now swanston  proper to establish it and Lord chancellor mention the case of dr friend and  the dean and chapter of Westminster when sir Robert Raymond be attorneygeneral  when the same thing be do the information as against the representative of the  pass mayor of Stamford and the late schoolmaster and the lessee be dismiss  with cost no misbehaviour be prove against they but as against the corporation  of Stamford without cost note as against the corporation the information be  retain see the decree on account of a order make by they that in the charity  lease there shall be covenant for grind at their mill and Lord chancellor say  he will not give cost for this reason rather in terror than because the  charity suffer by such order and Lord chancellor declare the charity to be  establish and decree the same accord and it be refer to the master to consider  what swanston er p be the proper way of make lease and of keep the schoolroom  and house in repair and report the same his lordship do order that the  information do stand dismiss out of this court as against the defendant turner  and haw with forty shilling cost accord to the course of the court the cause  as to they be hear on bill and answer and that the information do also stand  dismiss out of this court as against all the other defendant except the  defendant the mayor and alderman and capital burgess of the borough of  Stamford in their corporate capacity with cost to be tax c and as between the  relator and the defendant the mayor c in their corporate capacity his lordship  do declare that the say charity ought to be establish and do order and decree  the swanston same accord and that it be refer to the say master to consider  what may be the most proper method of grant lease of the say charity estate  for the future and in what manner the schoolhouse and the schoolmaster house  ought for the future to be keep in repair c and as between the relator and the  mayor c in their corporate capacity no cost to this time be to be pay but his  lordship do reserve the consideration of the subsequent cost between they c  Reg lib a fol