case the attorneygeneral against lord gower LincolnsInnHall August the  corporation of n in lease to trustee for one thousand year to make improvement  in trust to permit the corporation c to dispose of rend and profit to the use  of minister and relief of poor inhabitant and to no other use whatsoever the  corporation continue in possession and make order until and lessee do not  intermeddle therewith and in the executor of survive trustee assign this lease  and the Lord chancellor refuse to establish this term but establish the  charity which have continue and be comply with from the make of the lease for  such long usage be say be a evidence that there be the like claim before lease  make as there be no evidence to the contrary S c bar c r Lord chancellor  hardwicke opinion upon consideration of this cause which be argue last Trinity  term this be a information bring in the name of the attorneygeneral at the  relation of several of the tenant of some part of the charityestate in  question and at the relation also of the inhabitant of the borough and town of  NewcastleunderLyne in the county of Stafford and there be no other relator but  Mr crew Offley and other be complainant with the attorneygeneral who be  assignee of a term of one thousand year by assignment in and this information  be for several purpose first to establish a lease make by the corporation of  Newcastle on the thirteenth of October of all their land and real estate by  very comprehensive word to sir Thomas billet justice Turton and four other for  one thousand year upon certain trust second to have the benefit of that term  and of the assignment of it make ill may by the executor of Mr justice Turton  the survive trustee in such modern report er p lease to the plaintiff Mr crew  Offley and other coplaintiffs with the attorneygeneral three to establish  certain charity concern which it be charge in the information that the estate  now in question and the term comprise in the lease be subject and for a  account of the profit of the estate and to set aside some absolute conveyance  make by the corporation of part of the charityestate include in the trustterm  and also to set aside two lease one to Lord Gower of several house and cottage  and the other to the defendant Mr bourn and that the new trustee may be quiet  in the possession of such part of the premise for which some of the tenant  have attorned and to compel the other tenant of the residue to attorn to they  and that they may be put in possession of that part of the estate one of the  principal point in dispute arise upon the lease of and the assignment in and  to determine how far this court can interpose in establish the term as it be  grant to the assignee it will be necessary to consider the circumstance tinder  which this case be make it be well know that in the year there be arbitrary  and illegal practice all over the kingdom modern report to procure the  surrender of the charter of corporation which extend to the borough of  Newcastle and it appear that a information have be bring against it to evict  its charter and that the corporation be deal with to surrender it to the crown  upon which occasion on the fifteen of October which be the date of this lease  it appear in the corporation book that there be a order then make by which it  be agree at a corporate assembly that the charter and all the land c which  than member enjoy in right of the borough shall be surrender into the hand of  the king and that sir Thomas billet and another gentleman shall carry the  surrender to London and present it to his majesty by the hand of the chief  justice of the king bench and that they shall endeavour to procure a new  charter and this instrument or order be make under the common seal of the town  to empower sir Thomas billet and the other accord but it be further order that  before the surrender of the charter a grant shall be make to sir Thomas billet  justice Turton and four other of all the land c whereof the mayor burgess and  bailiff be seize in the right of the corporation for one thousand year next  ensue upon trust to permit the say mayor c to dispose of the rend and profit  thereof for the maintenance of a minister in the say borough and for the  relief of the poor inhabitant as the mayor bailiff c shall think fit and to no  other use whatsoever and by indenture of the same date a lease be grant  pursuant to the term mention in the order between the corporation of the one  part and sir Thomas bill et and five other of the other part recite that  whereas the mayor c be seize of the land c in question in fee and that whereas  all or the great part thereof be in the occupation of several burgess the  profit thereof be apply for the relief of the poor and maintenance of a  minister and whereas the poor increase daily the corporation grant the premise  to sir Thomas bill et and the other trustee for one thousand year at a  peppercorn rend upon this special trust and confidence that the lessee shall  make what improvement of the estate they can and dispose of the rend and  profit to and for the maintenance of a minister and the relief of the poor in  such proportion and at such time as the mayor c shall request or direct and in  case the borough shall be discorporate or there shall be no mayor c then in  such proportion e as twentyone of the inhabitant of the same town or the great  part of they to be choose on the first Friday after every Michaelmas shall  dialect and in case of any overplus over and above the maintenance of the poor  and the minister then to apply it to other public and charitable use in such  form c as the mayor c and in case of no mayor as twentyone inhabitant c shall  think fit and upon further trust that the lessee shall make assignment or  grant for such term and upon such covenant rend fine c as the say mayor c or  if none as the twentyone inhabitant c shall require modern report I have now  take notice of the lease and the circumstance under which it be grant and it  do not appear to I that any of the lessee have possession of any part of this  estate but it appear that the corporation though they surrender their old  charter and have take up a new one and act under that yet they be after in  James the second reign restore to their old charter and continue in the modern  report er p receipt of the rend and profit and by entry in the  corporationbooks order be make from time to time by the mayor c for the  management of the estate as owner of it and it do not at all appear that the  lessee intermeddle with it and from the year until this lease lie dormant and  unthink of and be then accidental find among the write of one of the lessee  then decease and a assignment make by the survive executor of Mr justice  Turton who survive the five other lessee upon the make of which this  information be bring to have the benefit of it and to establish the term of  one thousand year and relief consequential upon it be pray the first  consideration therefore be what ground there can be for the relief that be  pray to establish this term and I think there be none because of the  circumstance and intention for which this lease be grant and the subsequent  fact that have happen since the occasion of this grant by the corporation be  to protect their estate and possession from the consequence of such illegal  practice as be carry on against they at that time to compel they to surrender  up their charter and make a present of their liberty to the crown and by the  above order this appear to be their intention in regard to the grant this  lease to the trustee it be say indeed that this be do with a design to deceive  the crown but however I can much blame they for it for what they can do accord  to law to screen and protect their estate from such cruelty as be offer they  they be well justify in do and I do not think there be any prejudice to the  grow for it aim more at a influence and power over their person than estate  beside these estate that move to the corporation from the hand of private  donor and the corporation lease or be dissolve the land will not escheat to  the crown upon their dissolution because as Lord coke say in his first  institute b if land be give to corporate body by private donor and the  corporation lease or be dissolve the land will not escheat to anybody but will  revert to the private giver after this lease be grant the old charter  surrender and a new one take up king James the second publish a proclamation  declare the new charter of all corporation to be void and that all corporation  may be at liberty to act under their old one it appear that Newcastle desert  its new charter take up its original one and act under that it happen that all  the corporation in the kingdom except London for which a particular Act of  parliament pass to restore its corporation to its ancient foot by virtue of  this proclamation subsist upon their old charter and all illegal act do under  the new charter be rescind as also all act do modern report in prospect of the  surrender of the old charter be to be do away in like manner and therefore  this lease it be a act the corporation be oblige to do to shelter their estate  and it will be bare after the crown have quit its advantage to set up this  lease now the new charter which be the foundation of it be abolish and it be  plain the borough make this lease mere to guard their estate for they have  make a provision in case of a discorportion which be by settingup a assembly  of twentyone of their own authority and therefore for all these reason I be of  opinion that it be not fit to set up this term and estate of the trustee in  respect of the circumstance under which it be grant for the inconvenience  which the corporation apprehend have not happen and the mayor c have continue  for a great length of year in the possession have make lease c and do the high  act of ownership without interruption it have be insist for the defendant that  the evidence that arise from the want of possession in the trustee and the act  of ownership of the corporation notwithstanding the lease prove that this  lease be either refuse by the trustee or amount to a surrender in law and it  must be admit that it be as strong a presumption as if the surrender have be  actual make at commonlaw but there be no occasion to enter into that though it  be a strong reason why equity shall not interpose and carry it far than at  commonlaw by interpose and give assistance to the trustee the possession of  the trustee must be find upon the lease and if the trustee have enter they  will have be bare trustee to the corporation and subject to the control of the  govern part of it and so be the clause of the lease though the profit be to be  apply for charitable purpose and lease be to be make but the same be to be as  the corporation shall direct or the twentyone modern report er p inhabitant in  case of a discorporation and if so what ground be there for equity to take  away the possession of beneficiary and trust for in this respect the point of  authority be to be consider be the possession of the beneficiary and trust to  be deliver to the trustee unless there be some gross mismanagement No equity  never take away the possession from they whether they be possess for their own  benefit or for a particular purpose without some reason for it and I think  there be no ground for it here especial after the great length of time the  next consideration be as to the establishment of the lease and if there be no  decree to establish the term of one thousand year the consequence be that the  assignment must fall of course but there be more objection to the validity of  the assignment than of the lease though it be liable to all the objection of  the original lease for this assignment be make after the term of fiftyone year  during all which time the lease have lie dormant and unheardof and when it vas  find by accident the assignment of it be make without the approbation of the  beneficiary and trust and by the executor of the survive trustee without apply  to this court for any modern report direction and I be of opinion that upon  these circumstance it will be impossible to establish the assignment if the  term and assignment therefore can be set up then whatsoever be pray and build  upon that foundation must sink and it be clear no direction can be give for  quiet the new trustee in any part of the premise or for deliver possession or  compel the tenant of any part of the charitable estate to attorn therefore  that part of the information that seek these several relief must be dismiss  what remain be the general relief arise upon that part of the information  wherein the attorneygeneral be proper plaintiff to establish the charity in  the name of the relator and it be insist for the relator that whatsoever shall  become of the term or authority of the trustee or assignee it appear that this  estate and the profit be applicable to charitable use which this court ought  to establish and the relator be right there for it do appear that there be a  charity which this court ought to support though the information mistake the  manner and form of it yet there be no instance of a information be dismiss for  that but the court have establish the charity accord to what the case require  the defendant object that it do not appear that there be sufficient evidence  that the estate in question be a charitable one or that the profit be  applicable to charitable use but that the estate in general be the corporation  applicable to their common use as to such as they shall think fit and direct  this question depend upon the evidence arise out of the original lease in and  out of the usage that have be since the make of it which be now fiftysix year  ago as to the evidence there be a strong proof that the rend and profit be  applicable to the charitable use thereinmentioned for it be so express recite  in the lease which use be for the relief of the poor and maintenance of a  minister for the borough and other public and charitable use thereinmentioned  this be a use abstract from and independent of the trust afterward declare for  if it have be bare a trust it may have be say that in case the lease can be  make good the trust shall fall and this be evidence that antecedent to the  lease the rend of the estate be applicable to the same charitable use and  though it have be suggest that the mention these use in the lease be to give a  better colour to it yet I can presume that unless there be evidence of a  different application prior to this lease and that the rend have be different  dispose of it do appear by the entry of the town book that this charity move  from private donor and if the usage have be for fiftysix year that be a strong  evidence to show that the recital in the lease be true because a long usage  within memory must be receive and imply the same usage to have be in be before  in the very same manner without some contradictory proof this charity indeed  have be apply in no uniform but in a desultory manner for the corporation  sometime allow the minister more and sometime less but the poor be continual  maintain out of the estate for no tax have be levy it appear that the  corporation modern report have place out poor apprentice which be another  charity to which the estate be to be apply and this usage be to be take very  strong in this for the corporation have resort to its old immemorial charity  which be quite antecedent to this new lease which must be take to be abolish  so I be of opinion that this modern report er p estate be to be take to be a  charity and the profit must be apply to such use but I shall consider how the  charity be to be in regard to the minister and as to he it must be establish  and make certain for the corporation give he at one time less than at another  be a breach of their trust therefore that must be send into a enquiry before  the master to see what shall be allow such minister III respect to the poor  the profit must be apply for put poor child apprentice and the manner of apply  it must be leave to the corporation the last point as to the conveyance of  part of the charity estate and the lease particular those to Lord Gower and  the other to the defendant bourn as to the absolute conveyance of any part of  the estate since the make the lease in question it appear some of they have be  make of only very small estate of no great value and it do not appear that the  grantee have notice of this term of one thousand year or of the trust and in  particular Lord Gower have not notice upon his have land give he by the  corporation for make their street more uniform and I think the corporation be  only to account for the purchasemoney as to the lease to Lord Gower and the  other defendant bourn the information play to set they aside upon the head of  notice and as not be make for full rend but at too low a one as to the notice  there be nothing that affect Lord Gower though there be something to affect  the other defendant bourn for he be townclerk but I be of opinion be there  notice or not if these lease be make at a full rend that it be a proper  management of the estate within the charitable use for as the trustee have not  take possession or act or if they have they must have act accord to the  direction of the corporation and if it have direct they to have make lease  they must have do so and if they have do so there will have be no ground to  set they aside the value of the lease land come out to be uncertain and  doubtful and that appear from the general nature of the evidence for the  relator go accord to the judgement of person that set the present value but  that be very uncertain for here be a parcel of old house and they compute what  they may be let for from which other may differ on the other hand the  defendant ground their evidence upon the small rend reserve annual by the  corporation before the grant to the two defendant Lord Gower and Mr bourn but  that valuation be as uncertain as the relator evidence because the town may  suffer the poor to live in they at a very small rend as they be part of the  charity estate and among other use applicable to the support of the poor  therefore the court not be able to make a perfect judgement of the value there  must be a enquiry before the master whether these lease be at a adequate rend  for I will not say a full rend modern report therefore the information so far  as it seek to establish the term of one thousand year to the trustee by the  lease in or assignment thereof to plaintiff crew Offle and other date or to  quiet the assignee in the possession of any part of the premise therein  comprise or to compel the tenant of any part thereof to attorn to the same  assignee be dismiss but I do declare that the rend and profit of the same  estate ought to be apply to maintenance of a minister and relief of the poor  of the say town of Newcastle and to the several other public pious and  charitable use in the say indenture of lease of recite and mention and that  the say charity be establish and let it be refer to the master to take a  account of the rend and profit of the premise comprise in the say lease  reserve by the corporation since the time of the fill of the say information  and how and to what purpose they have be apply and dispose let the master  inquire what have be allow or be reasonable to allow yearly out of the say  rend and profit for the maintenance of a minister as so much as have be allow  c be pay to he by the corporation but the quantity of such payment to be  subject to the further direction and order of the court then follow direction  concern the poor let the master further inquire what part of the land comprise  in the lease have be sell by the corporation since the lease of c and state  the same c and reserve the consideration of the money raise by such sale as to  the disposal of it c and take a account of the annual value of the premise c  comprise in the lease for the two defendant Lord Gower and Mr bourn and of the  rend reserve c and whether it be adequate or sufficient or not c reserve all  further direction c modern report er p