I remember a case of a similar nature of my Lord C . J . Eyre, who was guardian to Lord Shaftesbury, under the will of the late earl : he had appointed a steward of one of his lordship's estates in the north, who failed, with about ?00 or ?00 in arrear; and it becoming a question whether the Chief Justice should be answerable for it?
22.
It may, however, be contended ( though it is not by the counsel in this case ) that the revised charter of 1871 introduced new impositions additional to the mere water rent, such as authorizing a penalty to be imposed by the Board of Public Works, if payment of the water rents were not made by a certain time, and a heavy rate of interest on rents continuing in arrear.
23.
So in the case of " Blew v . Marshall ", before Lord Talbot in 1735, ( which was the case of an administrator, who, in conformity to the rigid rules of the common law, is much more strictly dealt with than a trustee ) a tenant being considerably in arrear, and absconding, so that there was very little probability of recovering that arrear, refusing also to give up the possession, and a good deal of difficulty being likely to occur in getting it; the administrator thought it more for the interest of the intestate's estate, to give up his demand for the arrears to obtain the possession; and accordingly on the tenant's giving up the possession, he released the arrears to him : and it becoming a question, whether or no he should be charged with those arrears; Lord Talbot thought, from the situation of the affair, that the step he had taken was a prudent one, and for the benefit of the estate, and therefore held he should not be liable.
24.
So in the case of " Blew v . Marshall ", before Lord Talbot in 1735, ( which was the case of an administrator, who, in conformity to the rigid rules of the common law, is much more strictly dealt with than a trustee ) a tenant being considerably in arrear, and absconding, so that there was very little probability of recovering that arrear, refusing also to give up the possession, and a good deal of difficulty being likely to occur in getting it; the administrator thought it more for the interest of the intestate's estate, to give up his demand for the arrears to obtain the possession; and accordingly on the tenant's giving up the possession, he released the arrears to him : and it becoming a question, whether or no he should be charged with those arrears; Lord Talbot thought, from the situation of the affair, that the step he had taken was a prudent one, and for the benefit of the estate, and therefore held he should not be liable.
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