this qualification; for here it is the very sum, 350 l., something more than 300 l., leaving a margin, to make it appear that he was qualified to sit in Parliament for the borough. Other grounds might have been taken, but it appears perfectly clear that there was this ground, that there was no sale in this case, and that no consideration was given for it, and that no interest passed from Patrick to Daniel in this transaction. It is very remarkable, as was indeed observed by the Lord Chancellor in giving his judgment, that though Mr. Terry was acting as solicitor for both parties (and it is stronger than my noble and learned friend put it), no instructions were given by Patrick, the vendor, or rather the giver, for it is a gift of the life interest, but Mr. Terry says that he received instructions from Daniel, and had no communication whatever with Patrick. I am therefore, my Lords, clearly of opinion that the bill was properly dismissed by the Lord Chancellor; and that this appeal ought to be dismissed, and with costs. Ordered that the appeal be dismissed, and the decree affirmed, with costs. 1841. CALLAGHAN บ. CALLAGHAN. END OF PART II. VOL. VIII. ROBERT HENNING PARR HER MAJESTY'S ATTORNEY-GENERAL, at the relation of the Hon. W. F. S. PONSONBY and Others, Ratepayers in the Borough of Poole - Appellant. 1842: Feb. 17, 18, Respondents. Municipal ActBoroughfund. Jurisdiction. Multifarious Trust. THE Act 5 & 6 W. 4, c. 76, creates a public trust of the property of municipal corporations and of the funds raised for the purposes Corporations of the Act, subject, like other property held in trust, to the jurisdiction of the Court of Chancery. Although the Act contains provisions for correcting abuses in respect of the borough property, there is nothing in it to exclude the ordinary jurisdiction of the Court of Chancery to prevent breaches of trust. HELD accordingly, by the Lords (affirming the judgment of the Court of Chancery), that a bond given by the town-council of a borough, to secure compensation out of the borough fund to an officer, for the profits of offices, some of which he continued to hold, was a breach of trust and illegal. Quare, whether compensation can, under the Act, be given for the profits of an office which the officer voluntarily resigned. It is difficult to lay down rules as to multifariousness applicable to all cases; but if a case is an entire case as against one defendant, an objection for multifariousness cannot be made by another defendant, who is connected only with some portion of the whole case. IN Michaelmas term 1837, Her Majesty's Attorneygeneral filed an information in the Court of Chancery, at the relation of the Hon. William Francis Spencer Ponsonby, and other persons, ratepayers in the borough of Poole, in the county of Dorset, against the mayor, aldermen, and burgesses of that borough, and Thomas Arnold and the Appellant, stating that the burgesses and inhabitants thereof, previously to the passing of the Municipal Corporations Reform, Act, 5 & 6 Will. 4, c. 76, were a body corporate and VOL. VIII. FF ness. 1842. PARR V. politic, under the name of " the mayor, bailiffs, burgesses, and commonalty of the town of Poole;" and that since the passing of the said Act, the burgesses ATTORNEY- and inhabitants were a body corporate and politic, GENERAL. under the name of "the mayor, aldermen, and THE burgesses of the town and borough of Poole." The information, after setting out the 58th, 65th, and 66th sections of the said Act (a), stated that in the year (a) By sect. 58, it is enacted, "that the council of every borough, on the 9th day of November, shall appoint a fit person not being a member of the council, to be the town-clerk of such borough, who shall hold his office during pleasure, and in any borough may be an attorney, &c.; and the council of every borough shall, in every year, appoint another fit person, not being a member of the council, to be the treasurer of the borough, and also such other officers as have been usually appointed in such borough, or as they shall think necessary, &c., and may from time to time discontinue the appointment of such officers as shall appear to them not necessary to be reappointed, &c.; and in case of a vacancy in any such office as aforesaid, by death, resignation, removal or otherwise, the council of such borough may appoint another fit person in the place of the person so making such vacancy; provided that the town-clerk and treasurer shall not be the same person." By sect. 65, it is enacted, "that the council elected under this Act in any borough, shall have power to remove from his office every bailiff, treasurer, or chamberlain, and every other ministerial or executive officer of such borough and body corporate, who shall be in office at the time of the first election of councillors under this Act: and every such bailiff, treasurer, or chamberlain, and every other ministerial or executive officer in such borough, shall continue to act in the same capacity as heretofore, and to execute all the duties heretofore belonging to his office, and be entitled to have the same salaries, fees and emoluments as he would have had if this Act had not passed, until he shall be removed from his office, and no longer, unless he shall be reappointed according to the provisions of this Act," &c. By sect. 66, it is enacted, "that every officer of any borough or county, who shall be in any office of profit at the time of the passing of this Act, whose office shall be abolished, or who shall be removed from his office under the provisions of this Act, or who shall not be reappointed as aforesaid, shall be entitled to have an adequate compensation, to be assessed by the council and paid out of the borough fund, for the salary, fees and emoluments of the office which he shall so cease to hold, regard being had to the manner of his appointment to the said office, and his term or interest therein, and all other circumstances of the case; and every person entitled to such compen 1833 the Appellant was elected by the then corporation of the said borough to the office of town-clerk, sation as aforesaid, shall deliver to the town-clerk, or, in case such person shall himself be town-clerk, then to the treasurer of the borough, a statement under the hand of such person, setting forth the amount received by him or his predecessors in every year during the period of five years next before the passing of this Act, on account of the salary, fees, emoluments, profits and perquisites in respect whereof he shall claim such compensation, distinguishing the office, place, situation, employment or appointment in respect whereof the same shall have been received, and containing a declaration that the same is a true statement, according to the best of the knowledge, information and belief of such person, and also setting forth the sum claimed by him as such compensation; and the town-clerk or treasurer, as the case shall be, shall lay such statement before the council, who shall take the same into consideration and determine thereon; and immediately upon such determination being made, the person preferring such claim, if he shall not himself be the town-clerk, shall be informed thereof by notice in writing under the hand of the townclerk; and in case such claim shall be admitted in part and disallowed in part, such notice shall specify the particulars in which the same shall have been admitted and disallowed respectively; and in case the person preferring such claim shall think himself aggrieved by the determination of the council thereon, or in case one-third of the members of the council shall subscribe a protest against the amount of compensation allowed by the determination of the council, as excessive, it shall be lawful for the person preferring such claim, or any member of the council who shall subscribe such protest, to appeal to the Lords Commissioners of His Majesty's Treasury, who shall thereupon make such order as to them shall seem just; and such order, signed by three or more of such Lords Commissioners, shall be binding on all parties: Provided always, that if the council shall not determine on such claim within six calendar months after the aforesaid statement shall be delivered to the town-clerk or treasurer, as the case shall be, such claim shall be considered as admitted: Provided also, that it shall not be lawful for any member of the council to subscribe such protest as aforesaid, except within such period of six calendar months: Provided also, that the person preferring such claim, if any member of the council shall so require, upon receiving notice in writing signed by the town clerk, unless such person shall himself be town-clerk, in which case no such notice shall be requisite, shall from time to time attend at any meeting or adjourned meeting of the council for the investigation of such claim, and then and there, upon his oath or solemn affirmation to be taken or made before the mayor, who is hereby authorised to administer the same, shall answer all such questions as shall be asked by any member of the council touching the matters set forth in the statement subscribed by such person as aforesaid, and produce all books, papers and writings in his possession, custody or power, relating thereto : Pro 1842. PARR V. THE ATTORNEY- |