JURISDICTION-continued.

with liberty to bring an action; the
assistance of the Court being re-
quired on equitable circumstances.
Stevens v. Praed.
Page 519
7. Upon equity reserved the Court
refused to increase damages on sug-
gestion, that interest was omitted at
law through mistake, on the supposi-
tion that it would be given in equity.
Stevens v. Praed.
519

8. Notwithstanding the statute and de-

cree 37 Hen. VIII. c. 12. the Court

of Chancery has jurisdiction upon

the subject of tithes in London. An

account was decreed according to the

improved rent. Another Defendant

setting forth his lease at a low rent

and a fine, and alledging by answer,

that he had never heard of any

greater rent being paid, there being

no evidence against it, was held li-

able only according to that rent.

Canons of St. Paul's v. Crickett. 563

See Arbitration, 11, 12. Dower, 1.

Partition, 2. Visitor.

LACHES-continued.

by the representative of one of the
next of kin on the ground, that part
of the personal was secured by mort-
gage, therefore as to that the cha-
ritable bequest was void, and that
the right of the next of kin was but
lately discovered: the bill therefore
prayed an account of the personal,
and that the charitable bequest of
what was out on mortgage should be
declared void, and that it should re-
sult to the next of kin : Held that by
the codicil the executors were trus-
tees of the whole, and could not claim
for themselves; that at all events the
next of kin could not recal what had
been laid out; that the length of time
alone was not sufficient to raise a pre-
sumption, that they knew their right
and released it or acquiesced; there-
fore an account was decreed, but
with special inquiry into all the cir-
cumstances, and whether the next
of kin released, assigned, or in any
manner gave up their right. Upon
the report, the special circumstances
affording no presumption of a release,
an issue being declined, the accounts
being clear, the trustees not being
called on to refund what had been
applied, and the widow being bar-
red by the will, or her right of elec-
tion having become impracticable,
so much of the personal residue be-
queathed to the Charity, as was
secured on mortgage, was notwith-
standing the length of time decreed
to the next of kin with interest from
the filing of the bill. Pickering v.
Lord Stamford. Page 272, 581

5. Length of time may bar in Equity:

20 years possession bars an equity

of redemption: but no time can cover

a fraud.

6. After 35 years a legacy would be

barred on presumption of satisfac-

tion.

ib.

7. Executor pays debts with money

received under a decree, which is

reversed: he must refund: other-

wise, if the appeal is delayed. 583

8. Every fair presumption is to be

made against a stale demand. ib.

See Legacy. Mortgage, 1. Plead-

ing, 17.

87

4. Testator gave the residue of his per-

sonal to his executors for their own

use and benefit: afterwards by a co-

dicil he directed them to dispose of

it in charities; and part was accord-

ingly applied in founding a school.

35 years after the testator's death,

all the next of kin and the acting

trustee being dead, a bill was filed 3 E 2

280

1

MONEY LOST AT PLAY.-See Bank-OCCUPANT, SPECIAL.-See Will, 28.