attorneygeneral v smart march where a decree for the establishment of a  charity shall be make a information will not be dismiss because it pray wrong  relief but the court of chancer will not act in many case and have no  jurisdiction in many other as foundation under a charter c supplement a  information be bring to have the increase surplus profit of a charity school  find by the crown apply for the benefit oh the master but the master vesey  senior er p be not a party thereto there be a cross bill to have they apply  for the benefit of the poorchildren Lord chancellor it be very unfortunate  that these cause call charitycause be more often reduce to the single question  of cost than any other this be a very causeless information and shall dismiss  without any decree if it be not for the cross bill the doctrine be true in  general that where there be a information it ought not to be dismiss but there  shall be a decree to establish the charity accord to the intent of the donor  but that rule relate to private charity for where there be a foundation for a  perpetual charity by the crown it be establish as well as it can be already by  a high authority than this court this be a foundation by the crown and there  be a particular direction by the last charter for the application of the  revenue nor will I make a decree for the establishment of a charity which be  proper regulate by charter from the crown the information be plain bring for  the benefit of the master and have it stand on that only it must have be  dismiss or order to stand over to make he a party accord to the case of  Thetford school   if the whole revenue have be apply for the master it may be  a ground to apply the increase surplus in the same manner agreeable to the  intent but there have be great alteration here as a doubt whether the whole  body be not dissolve for not take the oath and so a new charter grant by the  crown who have a right to visit and accept by the corporation appoint a very  ample salary to the master in contradiction to which this information will  exhaust the whole for the master benefit and take it from the poor boy this  then be a unnecessary information and in contradiction to the right the  relator must pay the cost thereof nothing shall be more discourage than the  bring information colorable foe the benefit of a charity but contrary to the  real charity the late act for the regulation of chariness be the d Geo ch note  on this account there must be always a relator therefore if they all die or  there be but one and he die a new relator must be insert before there can be  any further proceed Ch plea Ves see attorneygeneral v Parker Ves sen  attorneygeneral v Talbot Ves sen attorneygeneral v Scott Ves sen  attorneygeneral v Middleton Ves sen d vol attorneygeneral v Whiteley Ves  attorneygeneral v Jackson ibidem ex part Kirkby Ravensworth hospital Ves c  attorneygeneral v earl Clarendon Ves and the case of Birkhampstead school Ves  Bea