difinherited where the gift is good at the time. 2 Bro. Ch. Rep. 492. 1789. Attorney-General v. Univ. Coll. Oxon. 35. Refidue of perfonal eftate given by teftatrix to trustees "to caufe to be erected and built a dwelling-houfe to be appropriated to the use of a school-house ;" and her trustees were directed to purchase land for that purpose, the trustees purchased, and with their own money, which they offered to give to the charity: to a bill praying that the charity might be carried into effect, a demurrer on the ground that the charity legacies were void, was allowed. 3 Bro. Ch. Rep. 588. 1792. Attorney-General v. Nafh. 36. A bequeft of money to be laid out in land to fupport the preachers of two chapels, is a charitable use within the ftat. of mortmain. Grieves v. Cafe. 1792. 4 Bro. Ch. Rep. 67. 1 Vef. jun. 548. S. C. 37. Money to be invefted until an eligible purchase can be had, is a devife of land, and void. Ibid. 38. Gift of part of the fund to A. and B. who where then the preachers, with directions for their continuing to preach, is part of the general plan, and therefore void. Ibid. 39. Bequest of real and perfonal eftate to a trustee to take a houfe for a fchool to educate children and grandchildren of particular perfons, and other children, good as to the particular objects, but bad as a general charity. 4 Bro. Ch. Rep. 394. 1793. Blandford v. Fackerell, 2 Vef. jun. 238. S. C. 40. A. before the ftat. of mortmain, gave real and perfonal eftate to a use, which would be within the ftat., and to other ufes, which would not be affected by it. B., after the ftat., gave perfonal eftate to the ufes of A.'s will; the eftate of A. being fufficient for the firft ufe, the whole of the fecond gift fhall go to the valid use. 4 Bro. Ch. Rep. 412. 1793. Attorney-General v. Hartley. 41. Gift of perfonalty to establish a school, good notwithstanding the flat. of mortmain. 4 Bro. Ch. Rep. 526. 1794. AttorneyGeneral v. Williams. 42. Bequest to the fociety for increafing clergymen's livings in England and Wales for the perpetual purpose of increasing their livings. The Governors of Queen Anne's Bounty alone answer that defcription; and as all their funds are laid out in land, the bequest is void by the ftat. of mortmain. 3 Ves. jun. 734 1798. Middleton v. Clitherow. 43. Mortgage of turnpike tolls is within the ftat. 9 Geo. 2. c. 36. 4 Vef. jun. 430. 1798. Knapp v. Williams, in notis. 44. Legacy to the truftees of a chapel for Proteftant diffenters, to be applied by them towards the discharge of the mortgage on the faid chapel, is void under the mortmain act. The mortgage having been paid off by other funds in the teftator's lifetime, the court would not fay, the legacy might not have been applied in repairing or fuftaining the chapel, but was of opinion it could not be be applied to any other charitable purpose. 4 Vef. jun. 418. 1799. Corbyn v. French. 45. Bequest of money to enable trustees for a charity to complete a contract for the purchase of land, is void by the ftat. of mortmain. Per Sir Rd. Arden, Master of the Rolls. Ibid. 431. 45. Specific difpofition by will in truft to fell, and in the firft place to pay debts, legacies, and funeral charges, and charges of the probate, and execution of the truft; and in the next place that the refidue of the money be appropriated to the improvement of the city of Bath, is void by the flat. of mortmain. 4 Vef. jun. 542. 1799. Howfe v. Chapman. Vin. 495. (A) Motion in Court. What may be done upon The letter (a) is used to denote that the rule is abfolute in the first inflance; the Jetter (s) that it is that it can not be had without confent; and the letter () Motion, &c. MOTIONS are of a civil or criminal nature. Of the latter kind is a motion for an attachment, which may be moved for on account of contemptuous words fpoken of the court (a) or its procefs (n); for a rescue (n), or disobedience to a fubpoena, or other procefs (n); against a sheriff for not returning the writ, or bringing in the body (a); against an attorney for not performing his undertaking or otherwife mifbehaving himself (n); against other perdrawn up on fons for non-payment of costs on the Master's allocatur (a); for the fignature the non-payment of money generally ("), or not performing an of counsel; the letter (c) award, &c. (n).-Motions of a civil nature are made on behalf of the plaintiff or of the defendant. On behalf of the plaintiff they are either 1ft, for fomething to be done in the common and ordinary courfe of the fuit as to increase iffues (a); for a concilium (as) or judgment on demurrer, fpecial verdict, or writ of error (a); for leave to enter up judgment on an old warrant of attorney (@), or nunc pro tunc (n); to enter up judgment and take out execution after an award, where a verdict has been taken for the plaintiff's fecurity ("), or after a verdict for the plaintiff against one of leveral underwriters where the reft have agreed to be bound by it ("), or to take out execution pending a writ of error ("), to amend the pleadings or other proceedings in the courfe of a fuit (2), or to fet afide a judgment of nonpros, or of nonfuit (n), or a verdict or inquifition ("). Or, 2dly, They are for fomething to be done out of the common and ordinary courfe of the fuit, as for the defendant to abide by his plea (as), to refer it to the Mafter to affefs the damages without a writ of inquiry (#); for the execution of a writ of inquiry before a judge (n), or to have a that in the first instance it is only a rule nifi. good good jury upon the execution of such a writ (a); for a trial at bar, or in an adjoining county (n); for a view in trefpass (s), in other cafes (n), or fpecial jury (s); to have witneffes examined on interrogatories (c); or for leave to infpect and take copies of bocks, court rolls, &c. or to have them produced at the trial.On behalf of the defendant.-Before declaration, they are to quafh the writ (n), justify bail (a), reverse an outlawry (n), or, after feveral rules for time to declare, that the plaintiff declare peremptorily (a). After declaration, they are to fet afide an interlocutory judgment for irregularity, as being figned contrary to good faith, or upon an affidavit of merits (), to fet afide or ftay proceedings in actions upon bail bonds, or in other actions if irregular or unfounded ("), and if the defendant is a prifoner to discharge him out of cuftody upon common bail ("); or if the proceedings are irregular to stay them upon terms ("), to compound penal actions (c), change the venue (a), confolidate actions (n), or ftike out fuperfluous counts (2), for time to plead or reply, &c. under fpecial circumstances ("); to plead several matters, or pay money into court (s), to withdraw the general iffue and plead it de novo, with a notice of fet-off; or upon paying money into court, to add or withdraw fpecial pleas, all these are generally (a) but fometimes ("); to pay the iffue money into court in a qui tam action (n); to put off a trial if the defendant is not ready ("), or if the plaintiff will not proceed to trial (a), or inquiry (a), or for judgment as in cafe of a nonfuit ("); in arreft of judgment (n); or for a fuggeftion after verdict to entitle the defendant to cofts ("); to fet afide an execution and discharge the defendant or restore to him the money levied, or retain it in the fheriff's hands (n). 1 Tidd's Pract. K. B. 401. 2. There are fome motions peculiar to the action of ejectment, fuch as for judgment against the cafual ejector generally (s), but where there is any thing peculiar in the fervice of the declaration, it fhould be mentioned to the court, and where the affidavit of service is defective, they will give leave to file a supplemental one; -that service on the tenant's fon, daughter, &c. may be deemed good fervice (n) for the landlord to be admitted defendant instead of the tenant (s), or for leave to take out execution in fuch case against the cafual ejector, after the landlord has failed in his defence. Tidd's Prac. K. B. 410. 3. There are alfo other motions not neceffarily connected with any action, as to fet afide an annuity, and deliver up the fecurities. to be cancelled, &c. (n). Ibid. 4. By the annuity act, 17 G. 3. c. 26. f. 4., the court in which any action is brought for payment of the annuity or judgment entered, have in certain cafes an exprefs jurisdiction given them by motion, to stay proceedings on the judgment or action, and to order the fecurity to be cancelled, and the judgment, if any has been entered up, to be vacated. And in other cafes, not fpecially provided for by the above claufe, when a warrant of attorney has been given to confefs a judgment, or judgment has been entered up, up, for fecuring the payment of an annuity, the court, in virtue of their general jurifdiction, will enter into the validity of the warrant of attorney or judgment upon motion; and, if the provifions of the act have not been complied with, will vacate the warrant of attorney, or fet afide the judgment. Ex parte Chester, 4 Term Rep. 695. Haynes v. Hare, 1 H. Bl. 659. 5. The court will not upon motion make an order, which will decide the merits of the cause. 1 Bro. Ch. Rep. 366. Pike v. Beresford. 6. The variety of fhapes in which motions are made in the court of Chancery to obtain relief, according to the peculiar circumstances of each cafe, renders it impoffible to ftate every poffible form in which a notice of motion may be given; the forms of notices in 2 Harr. Ch. Prac. 132. in ordinary cafes may be fo far defcriptive of the general outlines of a notice of motion as to give an idea to the young practitioner of the form in which fuch. notices are generally conceived. Wyatt's Prac. Reg. 289. 15 Vin. 497. (C) Time. At what Time a Motion may 1. for what. be made, A TTACHMENT cannot be moved for on the last day of term, except for non-payment of cofts, or against the fheriff for not returning a writ. i Burr. 651. 2. Counsel may move on the last day of term to quash an indictment, but not to quafh an order. Ibid. 3. The Master's report upon interrogatories of contempt cannot be moved for on the last day of term without previous leave of the court, except in extraordinary cafes, and upon perfonal fervice of the notice. 1 Black. Rep. 311. 4. A motion to answer the matters of an affidavit cannot be made on the last day of term. Jacob's cafe, 4 Burr. 2502. 5. Nor any motion which would operate as a stay of proceedings, unless it apppear to the court that under the circumstances it could not have been made earlier. Leader v. Harris, M. 37 G. 3. 6. The court will not on the last day of term hear a motion for a rule nifi to fet afide an award. Nettleton v. Crosby, H. 38 G. 3. Nor can counfel be heard on that day to thew caufe against fuch a rule, but the fame must be enlarged and made peremptory for the next enfuing term. R. M. 36 G. 3. 7. A rule nifi for a criminal information may be granted at the end of a term against a magiftrate for mal-practices during the term, but not for any misconduct before the term. The King v. Carpenter Smith, 7 Term Rep. 80. (D) Quashed on Motion. What. 1. THE 2. But the reafon of not quafhing on motion, but leaving the party to demur, does not hold where the objection is to the jurifdiction of the court that has undertaken to proceed. 1 Burr. 389. 3. The court will not quafh an indictment on motion of the profecutor, unless on the ground of infufficiency. Rex v. Stratton, 1 Dougl. 239. 4. Motion for the profecutor to quafh his own indictment is not of course, especially if the defendant has been put to expence. Rex v. Webb, 3 Burr. 1468. 15 Vin. 498. (E) What must be done, or will be required in order 15Vin. 498. to obtain what is moved for. I. 1. A Motion is generally accompanied with an affidavit, and fometimes preceded by a notice. The affidavit fhould be properly entitled, and contain a full ftatement of all the circumftances neceffary to fupport the application, and the rather as it is a rule not to receive any fupplemental affidavit on fhewing cause. 2. Term Rep. 644. 2. Motions and affidavits for attachments on civil suits are proceedings on the civil fide of the court until the attachments iffue, and are to be entitled with the names of the parties. But as foon as the attachments iffue, the proceedings are on the crown fide, and from that time the king is to be named as the profecutor. Wood v. Webb, 3 Term Rep. 253. Rex v. Sheriff of Middlefex, 7 Term Rep. 439. 3. Where a fubmiffion to an award is made a rule of court under the statute, there being no action, the affidavits on which to apply for an attachment for disobeying the award need not be entitled in any caufe, but the affidavit in aufwer mult. Bevan v. Bevan, 3 Term Rep. 601. 4. The rule to thew caufe is drawn up for a particular day in term, previous to which it fhould be duly ferved. To bring a party into contempt, a copy of the rule must be perfonally ferved, and the original at the fame time fhewed to him; in other cafes, the fame degree of strictness is not required in the fervice of the rule, but it is fufficient, without thewing the original, to leave a copy of it with any perfon reprefenting the party at his dwellinghoufe or place of abode. The King v. Smithies, 3 Term Rep. 351. 5. Before caufe fhewn an office copy must be taken of the rule and of the affidavit upon which it was granted, otherwise counfel |