case the borough OF hertford appellant the poor OF the same borough respondent  that June Mews dig three seven a corporation be trustee for a charity and in  possession of the charity estate and suppress or conceal any evidence relate  to the charity be liable to the cost of the suit the corporation of Hertford  be about to purchase from the crown the inheritance of a certain meadow call  king mead which be expectant upon a term of ninetynine year vest in sir John  Walter and other they think fit first to buy in the residue of this term  before the purchase of the inheritance be complete accord on the that of  January car I a assignment be make of the term to certain brown person as  trustee for the corporation and on the that of November follow the corporation  obtain a grant of this meadow to they and their successor for ever in  consideration of pound and under a feefarm rend of pound S d but the  assignment of the term be only mention to be in consideration of a competent  sum of money under this grant the corporation enjoy the meadow for a great  number of year and give thereout a annual charity to the poor of forty  shilling by the name of grassmoney in a commission of charitable use be issue  and by a inquisition take thereon that of January it be find that this meadow  be purchase by the corporation in trust and for the benefit of the poor of  Hertford and accord the commissioner make a decree that the same belong to the  say poor nothing brown er p however appear to have be do under this decree for  the corporation still continue to hold and enjoy the meadow as before and  another commission of charitable use have issue in the year the inquisition  take thereupon find the grant of this meadow from the crown to the corporation  and by the decree of the commissioner find on this inquisition it be decree  that the say grant be for the proper use of the corporation without any trust  for the poor but by a inquisition ground on a three commission of charitable  use which issue in the year it be find that a certain tenement call the  Chequer inn and four other tenement call Hodges rend be several purchase by  the corporation with the poor money and that nineteen acre of meadow call the  king mead be grant to the corporation by king Charles I for the use and  benefit of the poor and that the say charity have be misapply and convert by  the corporation to their own use whereupon and upon hear the evidence on both  side the commissioner on the that of December decree that the say tenement  call Hodges rend and the say Chequer inn be purchase with the poor money that  the conveyance thereof which be make to the mayor of Hertford and other in or  about the year be so make in trust for the poor and that the rend and profit  thereof ought to have be apply for their support and benefit from the time of  such purchase and decree the corporation to account for the same accord the  commissioner also decree that the king mead be grant by king Charles I to the  corporation for the use of the poor and that the say corporation shall account  for the rend and profit thereof at the yearly value of pound S d with interest  for the same from the that of January at the rate of pound per cent and that  they shall on the that of January then next pay for the use of the poor the  sum of pound S deduct thereout the pound pay by the corporation for the grant  of the inheritance with interest for the same to this decree of the  commissioner the corporation file several exception in the court of chancery  which be answer on behalf of the poor diverse witness be examine on both brown  side and publication pass but before the cause come on to be hear the  respondent be inform that there be several book and paper in the custody of  the corporation which they have conceal from the commissioner and which be  material evidence for the respondent and proper to be make use of by they at  the hear of the cause and therefore on the that of June they move that the  corporation may on oath produce the say deed book and write before a master  which be order accord in consequence of this order some of the corporation  videlicet the mayor recorder and two of the alderman make a affidavit that  they have no book evidence or deed to their knowledge belong to any of the  charity in question save what be already before the master and what be mention  in a schedule annex to this affidavit but the mayor be afterward charge by the  agent for the respondent with have the custody of a large folio book entitle  the burrow of Hertford more remarkable as well as more material than any which  have be produce he acknowledge that the corporation have such a book whereupon  a order be make that the say book shall be produce at the hear of the cause on  the d that and that of November the cause be hear before the Lord chancellor  Cowper who decree that the corporation ought to be charge with the rend of the  tenement call Hodges rend from Michaelmas inclusive at pound S d per and  deduct thereout the yearly sum of pound S d which they pay annual to their  poor and also with the sum of pound for a fine receive by the corporation for  these premise together with interest for the same from the saint of September  and as to the meadow call king mead it be declare that the grant thereof be  procure by petition prefer to the crown on behalf of the poor and that the  same be a charity for the poor and therefore it be decree that the corporation  shall account for the rend and profit of the say meadow from Michaelmas  inclusive and that for avoid the charge and delay of examine into the value  thereof it shall be account for at pound per and and upon that account the  corporation be to be allow the pound pay by they for the purchase of the  meadow together with the interest thereof and the reserve feefarm rend of  pound S d and what they have pay for tax and in take this account the master  be to make a rest from year to year and when it shall thereby appear that the  pound and brown er p interest be satisfy the master be from thenceforth to  allow the corporation S yearly as pay to the poor for grassmoney and when  accord to this manner of account there shall appear due to the poor pound the  same be to carry interest at pound per cent for the benefit of the poor and in  like manner for every pound which shall be so find due to the poor and  inasmuch as it appear that several member of the corporation have make many  affidavit relative to the discovery of deed and write pursuant to the order of  the court and yet brown notwithstanding have suppress and conceal the say book  inscribe the burrow of Hertford till they be particular examine touch the same  and which be produce appear to be the most material evidence for the poor  therefore the corporation be order to pay Christopher ken the prosecutor his  cost and the decree of the commissioner as to all other matter be ratify and  confirm and the exception take thereto overrule pursuant to the Lord  chancellor decree the master by his report of the that of July certify that  the pound and interest be satisfy at Michaelmas that he have from that time  allow the corporation the sum of S annual as pay to the poor for grassmoney  and that upon the balance of the whole account there be due from the  corporation to the poor the sum of pound S d and this report be afterward  confirm from this decree and report and the order confirm the same the  corporation appeal insist t powys e Northey that there be no sufficient  evidence to prove king mead to be a charitable estate it have be grant by the  crown to the corporation and their successor without any trust therein mention  for the poor and the purchasemoney thereof pay by the corporation who have for  near ninety year constant enjoy the same accord that the Lord chancellor  decree seem chief to be find upon the petition and application make to the  crown for obtain the grant of the say meadow but those petition and the answer  thereto relate chief to the right of commoning in the meadow and to the settle  of a dispute between the inhabitant of the ancient and newerected cottage  touch such right of common but suppose there be sufficient evidence to decree  the say meadow to be a charity estate yet the decree be erroneous in not allow  the charge of procure and pass the grant of the inheritance thereof from the  crown over and above the pound and which charge as appear from the book make  use of as evidence against the appellant amount to pound neither have the  appellant any allowance for the purchasemoney or the charge of take in the  assignment of the ninetynine year term that the allowance for the grassmoney  be restrain until such time as the pound and interest be satisfy and which as  report by the master be not till Michaelmas whereas if the appellant be  entitle to any allowance for this grassmoney such allowance ought to be make  from the time of their first pay the same which will vary the account several  hundred pound and more than discharge the balance report to be due from they  that it be neither prove in the cause nor true in fact that the meadow be of  the clear yearly value of pound at which rend the appellant be decree to  account and though it be usual where the value of any thing be controvert  either to have the same settle by proof or if very doubtful by a trial at law  yet the appellant be deny that reference in this case so that they be brown  deprive of a right which by the rule and justice of a court of equity every  suitor ought to have to exonerate himself upon the account of any uncertain  charge and that the master by his report have not pursue the decree in take  the account of the rend and profit of king mead and Hodges rend separate but  have blend they together whereby the pound lie out by the appellant for the  purchase of the inheritance of the say meadow together with the interest  thereof appear to be soon satisfy than it real be and the account be by that  mean great vary to the appellant prejudice to all this it be answer I Jekyll S  Cowper that it appear by several petition and order tempore Charles I and by a  inquisition take in the year all enter in the book inscribe the burrow of  Hertford which contain the bylaw and constitution of the corporation and  therefore not likely to be overlook that king mead be a charity and that king  Charles I be gracious please to grant the same for the use of the poor that it  likewise appear by the exemplification of a inquisition and by the decree upon  a commission of charitable use in the brown er p year which be prosecute and  carry on by the appellant that the appellant have at the same time the poor  evidence in their custody obtain a negative decree that the poor have no right  to king mead and that they most unjust get a decree for pound to be deduct out  of the poor money then in their hand for the cost of that inquisition and  decree but for which sum of pound the respondent have never receive any  allowance or satisfaction that as to the sum of pound demand for pass the  grant no such sum be ever demand before the commissioner either in or no  exception be take in the court of chancery because it be not allow nor be any  evidence ever show of its have be pay on the contrary it appear by the decree  in that the mayor and burgess own and declare in the presence of the  commissioner that upon payment of pound borrow at interest the poor be from  thenceforth to have the full benefit of the profit of the say meadow and this  sum of pound and interest be accord allow to they in the account direct by the  decree that the same answer may be give as to the ninetynine year term assign  by sir John Walter it be only a term keep on foot to attend and protect the  inheritance and not one penny appear to have be ever pay for the assignment of  it that as to the appellant claim of S per and grassmoney to be allow upon the  account as pay to the poor annual for king mead from the year the appellant  give no evidence to the court of chancery from what time such payment be make  and therefore the court with great justice decree that from the time the pound  and interest shall appear to be satisfy they shall be allow this S per and as  pay to the poor presume that nothing be pay while the corporation retain the  profit to satisfy their own debt as to the objection that the appellant be  overcharge in the value of king mead at pound per and the feefarm rend of  pound S d brown be therein include and it be full prove by witness that the  meadow contain above twentynine acre of land and be worth pound S d per and  over and above the feefarm rend so that the same be in fact worth and the  appellant ought accord to have be charge with pound S d as the annual value  thereof little reason therefore have the appellant to complain of the decree  in this respect but it be necessary that they shall be charge at a certain or  medium value inasmuch as at the hear of the cause they give no evidence of the  annual profit by they make and receive nor pretend to have keep any account  thereof and the charge of examine to the crop and money receive for agistment  for so many year back will have amount to much more than the sum dispute  between the party and as to the other objection that the master have not take  the account as direct by the decree it amount to no more than a exception to  the master report which ought to have be first take in the court of chancery  and be never before make use of as a ground of appeal without previous take  the opinion of that court accord after hear counsel on this appeal it be order  and adjudge that the same shall be dismiss and the decree and report therein  complain of affirm and that such of the appellant as sign the appeal shall pay  the respondent pound for their cost jour vol p