bill to be relieve against a bottomry bind with condition that if the ship S  bind to the eastindies shall return to l within month or if she do not return  within month not be take or lose by inevitable accident within that time then  the money to be pay c the ship be detain in port Surat in India by embargo by  the great mogul so that she can not sail from Surat till after the month be  elapse and in her return home be take by the French but be after the month the  bind be forfeit but there be no fault in the master and the voyage delay by  inevitable accident videlicet by the say embargo the bill pray to be relieve  against the penalty of the bind Harcourt c dismiss the bill but without cost  say he can not relieve against the express agreement of the party but if the  defendant have insure this money upon the ship the plaintiff shall have the  benefit of the insurance upon allow defendant the charge of the insurance if  the plaintiff pay the money within three month east Ann Ingledew and foster  vin Abr pl bill to be relieve against the condition of a bottomry bind c it be  not perform in some small circumstance but deny by Cowper c it be a voluntary  undertake of the obligor and no contract or consideration that may incline the  court to interpose mich Geo anon viner Abr title condition z d can former a  obligee on a bottomry bind can not before the return of the ship come in under  a Commission of bankruptcy vide will Rep but now the law be alter by a Act of  parliament see title bankrupt Eq can Abr p equity case abridge er p equity  case abridge cap XVII charity a what shall be a good charitable use and  appointment and how favour and where a defect c shall be supply in favour of a  charity b what shall be a breach or misemployment of a charity of a Commission  to inquire into the same and here concern trustee of a charity c of the right  if nomination to a charity d concern commissioner of charitable use and here  of proceed and Exeptions to decree c a what shall be a good charitable use and  appointment and how favour and where a defect c shall be supply in favour OF a  charity it be say and not deny that if a man devise a sum of money to such  charitable use as he shall direct by a codicil to be annex to his will or by a  note in write and afterward leaves no direction either by note nor codicil a  court of equity have power to dispose of it to such charitable use as they  shall think fit and so it be hold in the case of Mr Sidrofens will and the  case of one Jones but if the will point at any particular charity as for  maintenance of a schoolmaster or poor widow then the court ought not to direct  it to any other purpose but such as be point at by the will rule charity to  pursue the intent of the founder as if the devise shall be for such school as  he shall appoint and he appoint none the court may apply it for what school  they please but for no other purpose than a school mich anon Freem Rep ms Rep  SC accord