June 5, 1818. a judicial mouth, that I am compelled to say, that I think this action cannot be maintained. SOLICITOR. PRESCRIP TION. SHIP'S HUS- SHIP REGIS- Judgment AFFirmed. IRELAND. May 25, 1817. INFORMA TION.-DE- USE. APPEAL FROM THE COURT OF CHANCERY. GORT (VISCOUNT) and MAYOR, SHERIFFS, and CITIZENS of Appellants. ATTORNEY GENERAL-Respondent. INFORMATION by the Attorney General, at the relation of a freeman of Limerick, against the Chamberlain, and Lord Mayor, Sheriffs, and Citizens or Common Council of that city, stating that certain lands and revenues were granted to and vested in the corporation at large for divers public uses and purposes, the improvement of the city, and the preservation and support of public buildings, bridges, highways, and establishments therein: that the defendants had usurped the powers of the whole corporate body, and that the Chamberlain, in concert with the Common Council, had contrary to the charters and immemorial usage applied the revenues to their private purposes, without reference to the citizens and freemen at large, in their general assembly or Court of D'Oyer Hundred, &c.: and praying that the Chamberlain might account, and that a receiver might be appointed. Demurrers, for want of equity and jurisdiction, overruled by M. R.; and the order affirmed by the Lord Chancellor, who was of opinion that the uses May 25, were charitable and that the fact was sufficiently alleged. 1817. Order affirmed in Dom. Proc. INFORMA- MURRER. CHARITABLE USE. THE Attorney-General for Ireland, at and by the Information, relation of John Tuthill, a freeman of the city of Jan. 8, 1816. Limerick, on behalf of himself and the rest of the freemen, on the 8th Jan. 1816, filed an information in Chancery against the Appellants, John Prendergast, Lord Kiltarton, now Viscount Gort, and the Mayor, Sheriffs, and citizens of the city of Limerick, setting forth, that Limerick was an ancient city, and a corporation by charter and prescription, by the name of the Mayor, Sheriffs, and Citizens; that by charters of Edward III., King John, and succeeding Kings, all which were confirmed by Queen Elizabeth, many franchises and privileges were granted to the citizens: and amongst other things that they should have all the lands and waste places within the liberties or precincts of the said city to dispose thereof, with the common consent of the citizens, &c.; that by virtue of the charters, the corporation was seized, &c. of a very considerable estate in lands, the rents of which, and the receipts for tolls and customs, amounted to a very large annual sum. And that the said estate and revenues, which were so as aforesaid granted to the said corporation, were so granted and vested in them, for divers public uses and purposes, for the improve May 25, 1817. INFORMA TION.-DE MURRER. USE. ment of the city, and the preservation and support of several public buildings, bridges, highways, and establishments therein. The information then proceeded to state, that a certain part of the corporaCHARITABLE tion, denominated the Common Council, consisting of the Mayor and Sheriffs for the time being, Aldermen and Burgesses, had usurped the privileges of the Citizens, and had taken upon themselves in the name of the whole body corporate, but without the consent of the citizens or freemen at large, to make leases of the lands and dispose of the rents, tolls, and other corporation revenues as they thought fit, and best suited their own private purposes and interest: that in 1761, in consequence of the abuses, a parliamentary investigation took place, in the course of which the books had been inspected, and no clause in the charters or by-laws had been found, which empowered the Common Council to dispose of the estate and revenue of the corporation; and by the entries in the books, it appeared that the lands and tolls had been constantly let by public cant, yearly, in the Court of D'Oyer Hundred, or general assembly of the whole corporation; and that the election of members of the Common Council, and orders of the council, had been submitted to the Court of D'Oyer Hundred for their approbation, &c. The information then stated that the Appellant John Prendergast Smith, since Lord Kiltarton, and now Viscount Gort, in or about 1785, had acquired sufficient influence amongst the principal 1817. TION.-DE- USE. members of the corporation to procure himself to May 25, be elected one of the representatives in parliament for the city; he had afterwards obtained an INFORMAabsolute ascendancy over the Common Council, who had assumed to themselves the entire govern- CHARITABLE ment of the city, and the exclusive management of the affairs and revenues of the corporation. That in 1786 the Appellant, then J. Prendergast Smith, procured himself to be appointed Chamberlain; in which capacity he received the revenues of the corporation, without accounting to the citizens and freemen at large, down to the time of filing the information that in order to secure to himself and his family the representation of the city in parliament, and the patronage thereof, and the absolute controul of its affairs and revenues; he induced the Common Council to fill up the vacancies in that body from his own friends and dependants, without reference to the general assembly of the freemen, and to admit or reject freemen at its pleasure, without regard to the right, so as to exclude those who were not in his interest, and to admit persons who were not entitled, provided they were in his interest, by which means the corporation had been involved in numerous law-suits which the Chamberlain had defended out of the corporation funds; and particularly law-suits in 1795, 1798, and afterwards in 1813, still persevering in his illegal conduct in the management of the corporation affairs and revenues in concert with the Common Council, &c. &c. May 25, 1817. INFORMA- MURRER. CHARITABLE USE. 66 "That according to the ancient immemorial usage and custom of said corporation, the said corporation lands should be let to the highest "bidder by public auction, and all leases of corpo"ration lands should be submitted to the Court of D'Oyer Hundred, for its approval and confirma"tion, before the same became of any force and effect, as set forth in the said petition of the said "John O'Donnell to the House of Commons; and "that the corporation, tolls, and customs, should "be also set up to sale by public auction, and "should be sold and disposed of to the highest "and fairest bidder, as set forth also in the said petition; and that the corporation revenue should "be laid out and applied in upholding divers "public buildings and bridges, in the city and "liberties of said city, and in repairing, cleansing, "and lighting the streets and highways in said city, and the liberties thereof; and that various grants of lands and other hereditaments to the "whole corporate body were made for these purposes; and that the same should not be done as some of them are, and have been of late years, "at the expense of the inhabitants by public pre"sentment at the assizes." 66 66 And in the charging part it was stated that in consequence of the proceedings against the corporation in 1813, and other proceedings being threatened, the Appellant procured the Common Council to appoint certain friends of his own a committee of accounts, and laid before it certain garbled and |