attorneygeneral v MIDDLETON July that charity a free school find by charter  with proper power must be regulate in the first instance by the charter not by  application of equity see attorneygeneral v the fondling hospital Ves jun and  bro attorneygeneral v smart and attorneygeneral v Talbot Ves sen supplement p  attorneygeneral v earl of Clarendon Ves and the case of berkhampstead school  Ves Bea No formal word necessary for the appointment of a visitor vide in  attorneygeneral v Talbot Ves sen ex part Kirkby Ravensworth hospital Ves and  attorneygeneral vesey senior er p v earl of Clarendon Ves but the visitatorial  power not to be extend see in green v rutherforth Ves sen the rule that a  information for a charity be not to be dismiss if the party have fail to pray  the proper relief hold only in those case which the court think proper for its  interference at all see in attorneygeneral v Parker attorneygeneral v smart  attorneygeneral v Talbot and in attorneygeneral v Scott Ves sen and and the  information here be improper be dismiss with cost supplement information  against the master and governor of a school upon the general principle of the  power of this court to call the trustee to account as have the general  superintendency of all charitable donation and trust two general question  arise first whether it be proper bring as to the general jurisdiction of this  court and whether suppose a ground of complaint there be not proper officer or  visitor to take conusance thereof next suppose that out of the case and that  the court have clear a jurisdiction whether there be sufficient ground on the  evidence to give the relief pray Lord chancellor by the evidence on the part  of the relator it seem that this information though with a plausible  appearance on the face be upon as slight ground and as wrong motive as ever be  know as to the first question I be of opinion upon the nature of this  foundation that it be not proper and that the rectify and regulate what be  wrong in the exercise of the power of this charity vesey senior shall have be  in another method of proceed visitatorial power to be support as far as it be  establish by the constitution particular by the judgement in Exeter college  case Ves sen I be not a judge dispose and incline to extend visitatorial power  because they be summary and arbitrary in a reasonable and just sense of the  word and therefore liable to abuse but notwithstanding if it be in any case  proper that such jurisdiction if find in law shall receive allowance it be  certain in the case of a small grammarschool with a endowment original of  pound only in the charter and now at this distance of time but little above  pound consider the nature of this foundation it be at the petition of two  private person by charter of the crown which distinguish this from case of the  statute of Elizabeth on charitable use or case before that statute in which  this court exercise jurisdiction of charity at large since that statute where  there be a charity for the particular purpose therein and no charter give by  the crown to find and regulateit unless a particular exception out of the  statute it must be regulate by commission but there may be a bill by  information in this court find on its general jurisdiction and that be from  necessity because there be no charter to regulate it and the king have a  general jurisdiction of this kind there must be somewhere a power to regulate  but where there be a charter with proper power there be no ground to come into  this court to establish that charity and it must be leave to be regulate in  the manner the charter have put it or by the original rule of law therefore  though I have of ten hear it say in this court if a information be bring to  establish a charity and pray a particular relief and method of regulation and  the party fail in that particular relief yet that information be not to be  dismiss but there must be a decree for the establishment note the rule that a  information for a charity shall not be dismiss but there must be a decree for  the establishment it hold on in private charity for if find by the crown it be  establish already by a high authority Ves sen that be always with this  distinction where it be a charity at large or in its nature be the statute of  charitable use but not in the case of charity incorporate establish by the  king charter under the great seal which be establish by proper authority allow  queen Elizabeth grant a charter which amount to a licence in the first  instance to find a free school and almshouse then the queen find they it be at  the petition of heath and Gilpin the latter of which be the great apostle of  the north and do a great deal of good be very strenuous for the reformation  the governor have a power to appoint and to remove the master and usher and to  do every other matter as be necessary and expedient for the scholar c a very  large and full power but over and above that there be a control place over the  governor a power be reserve to the heir of heath and successor of Gilpin as  rector of Howton to appoint governor from time to time and to remove those  governor as often as find convenient what be the result whether either the  governor or the heir of heath have a visitatorial power over this school it  have vesey senior er p be determine and express in the case of Birmingham  school p W that there be no technical form of word for grant a visitatorial  power but it may be by any vesey senior word show that meaning Ves sen  therefore it be hold there that the very appointment of governor of a hospital  will give that power this be as large a power as can be give but it be subject  to some control and visitatorial power may be divide one set of visitor to one  purpose and another to another purpose as in several college and as be hold in  that great question of Trinity college as to the bishop and the crown the  result then be this if he have rest single on the power give to governor I  shall be of opinion the governor be visitor but it be object that here the  estate and revenue be vest in the governor and then they can be visitor  because they can visit themselves that be a material objection and be so hold  in the case of Sutton Colfield because they may misapply the revenue but it be  never hold that the governor can be visitor because mere the legal estate of  the charity vest in they it be the very case of sutton hospital   which be  find just as queen Elizabeth do in this case what they go on there be that the  vest the legal estate of the corporation in the governor be not such as will  exclude from the right of govern and visit for none of the money can come to  the hand of the governor though if they have be to receive the rend and profit  and to apply they that may have be of another consideration and may exclude  they here these governor have only the legal estate in they not receive the  revenue which the master do from time to time and account for it which bring  it to that case in another respect indeed this differ from that that here be  another superintendency over those very governor and a visitatorial power may  be divide if then the governor be not visitor the heir of heath and successor  of Gilpin be certain visitor and the power to remove governor include every  thing it be clear therefore that this be a foundation of the same nature with  that of Birmingham school the visitatorial power be either by the governor  themselves or in the heir of heath and successor of Gilpin who mean to vest  the whole power in his successor to the rectory as to what be say relate to  this information complain of misapplication of the revenue by the governor  which be a misbehaviour they can correct there be no weight in that objection  for there be no complaint of the governor apply any thing of it to their own  use no court of equity therefore will decree they to pay that money out of  their own pocket backward but will only regulate for the future which be by  remove those governor this be clear not a case within the statute of  charitable use but except out of it for this be a freeschool which have  special governor appoint by the founder it be true that a information in name  of attorneygeneral as a officer of the crown be not a head of the statute of  charitable use because that original jurisdiction be exercise in this court  before but that be always in case now provide for by that statute that be  charity at large not proper and regular provide for in charter of the crown on  the whole of this point therefore I be of opinion this information be improper  vesey senior bring in respect of the jurisdiction and certain there be  somewhere visitor of this charity for the proper place to apply for  misbehaviour will be to the governor if they refuse it will be a misbehaviour  and then application shall be to the rector c to remove they and appoint other  see the case of Berkhampstead school Ves Bea but the next point deserve to be  consider as to which the first and principal relief pray be to remove this  master as not qualify by the statute and appoint another there be no ground  for the court to interpose for that purpose in the first instance No  application have be make to the governor to remove the master which they have  express power to do prescribe by the charter that will be go per narrow  passage and a improper way so that if the visitor be out of the case it shall  not come to this court but on the gross misbehaviour of the governor next it  be say the governor have make a improper election for which these statute be  produce there be no name of the person give these statute and no date it be  pretty odd to come to this court to execute statute of a private foundation  under a charter of which I never know a instance nor do the statute appear to  be observe in any other instance I must presume a repeal of they and a court  of law will do so on evidence to a jury for the rule of law be that a  corporation have power to make bylaws a court of commonlaw will direct a jury  to find a bylaw and on account of nonobservance will presume a subsequent  bylaw to repeal and alter vesey senior er p that be the nature of the case and  it will be so at law then shall I enter into that after this length of time  nor be the qualification require by the statute such as this court will make a  strain for as to the application of the revenue thereby to the scholar it seem  to be arbitrary accord to the sound discretion of the governor as they see  cause but thing and time have be alter since that for though at the  reformation great invitation be make to bring the poor to school that be not  so proper now for at present the poor have better be train up to agriculture  so that it will be to no purpose to decree the governor to pay this trifle of  d per week as the statute require to the poor scholar for it will not be  sufficient for they nor shall I make a decree for the governor to carry this  into execution if the first point be out of the case there be no ground  therefore on either point to give relief and this information ought to be  dismiss and that certain with cost because it appear to proceed from a private  motive of revenge in the relator and that from a very improper cause Reg lib a  fol Ves sen