attorneygeneral v parker Nov see etherington v Wilson Ch d follow shaw v  Thompson Ch d discuss in re saint Stephen Coleman saint Ch d though a  information relative to a charitable use will not be dismiss where a clear  right be to be settle yet the information in this case be dismiss with cost no  charitable fund be in question and no proof enter into as to a allege right of  election which it seek to establish post S c atk see the case S refer to also  Ves sen Ves sen and Ves jun supplement the parish of saint James Clerkenwell  be a rectory impropriate and by deed in vest in trustee for benefit of the  parishioner and inhabitant and their successor there be also a perpetual  curacy with a pension say nothing of the nomination and election of the curate  the information pray the court to set aside a election make and then to  declare and establish the general right of election and to have it settle Lord  chancellor the question concern the right of election and the qualification to  vote depend on this deed of trust and on the usage in the parish expound and  put a construction on the general word thereof which be the best expositor of  such very large and general word in ancient grant and deed there be no  evidence of the usage contend for by the relator that it be confine to such  housekeeper as pay scot and lot however that will be proper if there be no  evidence of any usage at all but as there be it differ from the case of the  attorneygeneral v Davy hear before I for there be very strong evidence that  all housekeeper whatsoever as vesey senior er p well rate as not do use to  vote see Ves and that it have be always so take by the old inhabitant then to  confine this right to election will be a very arbitrary interpretation of the  court and a material circumstance be the time of make this deed when very  large and extensive notion prevail it be say this must be take to be a right  in the vestry but this be not govern by what be the right of the vestry nor  intend to be vest in they but in the parishioner though there be a select  vestry at the time of the make nothing be lie before the court to set aside  the election make attorneygeneral v Scott post as to the question whether the  court ought not to make a decree to settle the right for that be a charitable  use the information shall not be dismiss the general rule be so but do not  hold here for nothing be a charitable use here but the pension which be not in  question but there be no ground to establish this right as there be no proof  or examination enter into of it nor will the court at the suit of a few of the  parishioner put the parish to the expense of a issue to settle a right which  may not come in question in several year the whole of this in formation must  be dismiss with cost Reg lib a fol in Reg lib call attorneygeneral v doughty