case aylet versus dodd January the owner of land charge with a annuity for the  payment of a schoolmaster will not be excuse from the payment thereof on  account of there be none for six year Thomas aylet by his will charge his land  in Essex with the sum of ten pound per and for the maintenance of a  schoolmaster but the repair of the school to be at the expense of the master  himself the annuity be direct to be pay halfyearly at ladyday and Michaelmas  and if either of the payment shall be in arrear day after it become due then S  per week be allot by way of nomin pn a commission of charitable use issue out  of this court and by the inquisition it be find that there be six year vacancy  in which there be no schoolmaster from to the commissioner summon the owner of  the land charge with the annuity to appear before they but he make default  they award that he shall pay all the arrear of the six year and the nomin pn  amount to pound and cost beside the commissioner award pound the arrear of the  annuity for six year to be pay towards the repair c of the school pound four  year and a half arrear since to be pay to the defendant dod and also pound for  the nomin pn beside cost Reg lib a fol the exceptant take two exception saint  that he ought not to pay the arrear of the annuity for the six year because  the testator give it only while there be a actual schoolmaster and the vacancy  be not owe to any fault of the landowner d exception that suppose he shall be  decree to pay the arrear yet the nomin pn will be relieve against in a court  of equity upon pay such sum as have be find in arrear Lord chancellor overrule  the first exception and compare it to the case of a atkins er p charity for a  maintenance of a select number of nourishing people where notwithstanding  there be not person in a parish sufficient to answer the description of the  charity yet the land charge with the payment of the charity be not discharge  during that time but shall accumulate and be apply towards the advancement and  increase of the charity with regard to the second exception Lord chancellor  say that the nomin pn shall stand accord to the intention in all these case as  a security for legal interest when the principal sum be not regular pay at the  particular day appoint for it but will not decree the expectant to pay a gross  sum to be compute at five shilling per week after default of payment make  atkins where there be a clause of nomin pn in a lease to a tenant to prevent  his break up and plough old pasture ground it be otherwise for the intention  of it there be to give the landlord some compensation for the damage he have  sustain from the nature of his land be alter and therefore in that case the  whole nomin pn shall be pay and not at the rate of five per cent only for the  rend reserve see Benson v Gibson post vol as to cost his lordship say it have  be determine upon the construction of the statute of charitable use Elizabeth  c that commissioner have no power to give cost but this court can do it and  therefore as the exceptant have be very vexatious Lord chancellor decree cost  against he to be tax by a master Reg lib a fol the corporation of Burford v  Lenthall post barn cham