attorneygeneral v governor of harrow school July charity jurisdiction where  trustee of a charity have discretionary power the court will not interpose  unless they act corrupt though it may not choose to interpose it do not follow  that a information seek the court be interference will be dismiss since it may  be serviceable to maintain a control over they where there be in point of  substance a visitor it exclude the general interference of the court either by  commission within the Elizabeth or its ordinary jurisdiction see in the case  of Kirkby Ravensworth hospital Ves and attorneygeneral v earl of Clarendon Ves  et vide supplement p supplement John lion in the reign of queen Elizabeth give  certain land to trustee governor of harrow school that they shall employ all  the profit yearly towards repair and amend the common highway from Edgware to  London when and as often and in such manner as the governor shall think fit  and if hereafter it shall happen that the say highway shall be sufficient  amend or not to require the whole profit to be lie out as often as that shall  happen the governor shall lie out on the road from harrow to London the whole  or so much as shall remain after repair the Edgware road the information be  ground on the expend those profit on the harrow which shall have be all lie  out on the Edgware road vesey senior for defendant a objection be make to the  jurisdiction of the court which vesey senior er p proceed only in case where a  charitable commission can issue which can not in this case from the proviso in  the stat Elizabeth and that in a foundation of this kind where no special  visitor be appoint the visitatorial power result to the heir of the founder  will Lord chancellor allow that these person by be make governor be not  visitor but as to the point of jurisdiction the court have already take it to  be otherwise than be insist upon and have interpose as appear by a decree by  Lord Ellesmere in the construction of that clause in Elizabeth be that where a  college hospital or school be find a special visitor appoint or a visitor by  operation of law the Commission by virtue of that statute shall not interpose  if therefore this information be for the revenue of the school that objection  may arise but this be a distinct charity from the school a collateral trust  and upon that distinction the above decree have proceed yet I do not see what  decree I can make upon this information and I think the founder intend to  leave it in a good measure to the discretion of the governor of the school  though not absolute if they act partial and corrupt the Edgware road appear to  have the assistance of two turnpike act which the harrow road have not and  appear by the evidence to be in very bad repair suppose the Edgware road have  or can have be put into the like condition or repair it be now in by the  parishrates and the harrow road prove to have be in the like condition it be  now it can not be say the trustee have do wrong in apply the revenue in repair  of the harrow road the question be whether the trustee have not do right in  think the Edgware road be so good as not to want the assistance of this  charity and that the other do at present I do not see how I can interpose and  if I shall it will be in contradiction to the intent of the donor which be to  leave it in the sound discretion of these judge and where they act fair and  not corrupt or partial a court of justice will do too much to control their  act beside it will end in a trial between the parish which road want it most  but though I will make no decree at present yet I will not dismiss the  information but still keep a hand over they Reg lib a fol