brown case the haberdasher company appellant attorneygeneral and other  respondent saint January Mews dig three the trustee of a charity mismanage the  fund and neglect the object of it hold that they shall make good the  deficiency out of their own estate and pay the cost of the suit viner vol p  can Eq can ab can in the year one William Jones by his will give pound to the  parish of Newland for the poor and the maintenance of a preacher there to be  pay to the haberdasher company to be by they bestow accord and he also give  the company pound as a gratuity for what they be to do the company accord  receive this legacy and gratuity and soon afterward in lie out about pound  part of the legacy in erect a house for a preacher and also a hospital wherein  they place sixteen poor people and allow they S d a week each S d every  quarter for fire and the three yard of cloth at S d per yard yearly for gown  and pound S d per and to the preacher all which payment together with a  quitrent of S per and amount only to pound S d a year whereas the interest of  pound the remainder of the legacy at pound per cent the then current rate of  interest amount to pound per and and which for a period of seven year when the  money be first lie out in I a purchase exceed the disbursement by pound S d in  the company lie out pound part of this money in the purchase of land in the  county of Huntingdon of the yearly value of pound and in they sell this estate  for pound and lie out the money in the purchase of land in Surrey but never  appropriate any part of these newpurchased land for the specific maintenance  of this charity the company have afterward but for what reason do not appear  reduce the weekly stipend of the poor to S abridge they of the quarterly  allowance for fire furnish they with a inferior kind of cloth and in other  respect mismanage the charity a information be in Hilary term in the court of  chancery to rectify these abuse and on the that of June the cause be hear  before the Lord chancellor summer who after declare that the company have do  very ill in not appropriate separate land for the charity and in be angry with  the poor and withhold their payment refer it to a master to see whether the  pound or how much thereof have be lie out and how and when and brown what  diminution there have be in the annual payment to the charity the master have  make his report and thereby certify the several fact above brown er p state  the cause come on for further direction and also upon exception to the report  on the that of December before the Lord keeper wright who be please to decree  that the company shall make good and be charge with pound per and to the say  charity and pay the arrear thereof from the time of fill the information  together with the cost of the suit and also that they shall set out of their  own land of inheritance or else purchase as much land of inheritance not  subject to any other charity or encumbrance as will effectual answer to the  say charity pound per and and settle the same in the name of the company in  trust and for the use of the say hospital and charity at Newland accord to the  intention of the donor will and it be further order that the preacher shall  allow tax out of his salary but the court declare that the charity ought to  allow no tax and it be refer to the master to compute the arrear tax the cost  and see the settlement make accord from this decree the company appeal insist  e Jennings r Thornhill that the pound per and be in land do pay tax and be  subject to other charge and outgo and therefore if they be to pay pound per  and over and above tax and other outgo they will pay near pound per and in the  whole that it be admit the company have pay to the charity pound S d per and  which with the charge of repair receive and return of money amount to more  than pound per and beside tax so that the company be and always have be great  loser by pay the say pound S d clear to the charity out of land of pound per  and and in regard to such loss and as the company be not in any fault they  ought not to have be condemned to the payment of cost on the other side it be  contend e stride that the appellant have act very ill in reduce the poor  allowance and in not purchase and settle land which will have effectual answer  the pound per and when without the privity of the respondent they have sell  land of pound per and in Huntingdonshire purchase with the charity money and  have money in their hand sufficient to make such purchase that if land be  purchase and appropriate there will be no occasion to make any allowance for  tax or repair and the appellant ought sure to have no allowance for the  management of the trust when the donor have give they a gratuity of pound to  perform it and that the manifest necessity of bring the information and the  great charge which have attend the prosecution of it make it most just that  the appellant shall pay cost after hear counsel on this appeal it be order and  adjudge that the same shall be dismiss and that the decree therein complain of  shall be affirm and it be further order that the appellant the master and four  warden of the brown haberdasher company shall pay or cause to be pay to the  respondent or their agent the sum of pound for their cost in defend the say  appeal jour vol p