The story of the "Domus Dei" of Stamford : hospital of William Browne / by H.P. Wright.

  • Wright, Henry Press
Date:
1890
Catalogue details

Licence: Public Domain Mark

Credit: The story of the "Domus Dei" of Stamford : hospital of William Browne / by H.P. Wright. Source: Wellcome Collection.

    380/566 (page 338)
    argument that, where the operative part of the deed or in- strument is clear, it cannot be controlled by a recital, and it cannot be controlled by an ambiguous recital; but there is no reason why, in construing an instrument, the Court should not read the whole of it; and if the operative part contains a reference to the recital, the recital becomes most material. Now the 2nd section or clause runs thus : ‘ From and after the date of this scheme the Governors of Browne’s Hospital (it must mean the Governors), shall, &c., &c., &c., [read to the words] ‘ Endowed Schools by equal half- yearly payments, and the annual sum to be paid is to be subject to the Trusts of the Scheme, i.e, the Scheme for the Endowed Schools. Now what is to be paid out is ‘ the said annual sum.’ I do not think, on the mere tech- nical rules of construction, I should be right in confining ‘ the said annual sum ’ to the sum that is mentioned in the ist clause, and which it is desirable to apply; it seems to me the right thing, and particularly having regard to such a case as this, where the scheme is founded on the consent of the Governors, to see what the Governors them- selves propose—in other words, to go back to the recital. Now I find the recital is clear. The Governors offered to pay the 1500/. from the surplus revenues of the Hospital, and that which is stated there as an offer is the offer which is accepted, and it appears to me that the consent, as shown on the face of this document, which was given by the Governors, was a consent to pay out of the surplus revenues and nothing else. Then, as I say, upon what may be called the strictest lines of interpretation, I think I should be justi- fied in holding, as I do, that the said annual sum of 1500/. means the annual sum which the Governors propose. That, I think, is the fair and proper legal construction of this taken as a whole, whether I am looking at it in a highly