A Treatise of Pleading on the Equity-Side of the High Court of Chancery (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1809. Excerpt: ... CHAPTER THE FOURTH. Of Demurrers to Informations. JNFORMATTONS are subject to most or all of the grounds of demurrer to which bills are liable, and to some others. The peculiar grounds of demurrer to informations appear to be the following; I. That the court has no jurisdiction, she visitatorial power being vested elsewhere; II. That the objects of the suit are such as are not intitled to sue in the name of his Majesty's Attorney General; III. That the charity the subject of the information is void by the statutes of mortmain'; IV. For defect of form. I. That the court has no jurisdiction, the visitatorial power being vested elsewhere. The proposition of Mr. Justice Blackstone (a), that the king has the general superintendance of all charities, and therefore, whenever it is necessary, the Attorney General, at the relation of some informant, may file an information to have the charity properly established; is too general. Though it is true, that where a charity is established, and there is no charter to regulate it, as there must be somewhere a power to regulate it, the king has in such case a general jurisdiction; yet if there is a charter with proper powers, a) 3Comtn. 47. the the charity must be regulated in the manner prescribed in the charter, and there is no ground for the controuling interposition of the court of Chancery. The interposition; of the court, therefore, in those instances in which the charities were founded on charters, or by act of parliament, and a visitor or governor, or trustees appointed, must be referred to the general jurisdiction of the court, in all cases: in which a trust conferred appears to have been abused, and not to an original right to direct the management of the charity, or the conduct of the governors or trustees (b)....