The Sun. — London, England, 1823-02-06 00:00:00

V►j • ,;.~ t! t, 4 #. I s ,- : ~ ."• .♦ ~ `; .F .'LAW INTELLIGENCE. ART 01 CHANCERY. FEB• 8. FARQUHARSON v. SALPOUR. Arrif.VOUrt proceeded with, the pleadings in this case, but the uzr►ents chiefly related tO,llOiRtS of Trtictic*, which wtre of wqriagjnterest. Mg-CHANCELLOR'S COURT, FED. 5. , • • . CIIORCIIERS COLLEGE, PETERSFIELD. .11m ATTOUNDY.OENTRAL V. HYLTON Jor.tarssz, Esti. AND OTHERS. Mt. nov4E—This is a motion to vary the Minutes as it Is -about which Minutes, however, there is not any doubt mat die* ate as your Honour pronounced them on the hearing. Mr. WL7-Ttizatt.y..-.ln this case, Sir; of the Attorney. Ge. 'Ural v. JoUiftb, the parties differ in some degree with respect ilas tilt substance of the Minutes which youraionour had. the • , goodneis to protiounce, limo , a copy of the Minutes as we con. teive'they 'stood. Mr. Hotutz--I believe the better way will be to have the Minutes your Honour was pleased to pen, and gave to the Re. gistrtir—the Registrar's copy is in'conforinity to them. ~„ w VrattlEt.l..-1 beg I may be permitted to proceed. Me. Mitt mike apreliminary objection to your moving • "tuvars them, exespion the ground that they are not conform. able to the Decree pronouiced. 7/ l at-Clyr A 4 CE LLo a—Did I Prepare thou Minutes myself ? Mr. Sitimtow....-Your Honour was pleased particularly to dir4t t. , tu. Minutes, which were taken down by Mr. C roft at: • doe lime. • Mr. Wrr taut Lt.—This is just assuming the Whole ques. tion.—lf the Gentlemen will have the goodness to permit me to make my motion, then they may answer it. Vt. WETirEnti.t.—First, it is said your Honour did pen / 'the Minutes, then it is admitted your Honour did not. We know your Honour is in the habit, in particular cases, of penning your Minute's; but in cases where that , has not been done, and the Registrar has committed them to paper, 'we know there has sometimes been a slip between the cup and the lip—be • tween the. language the Court uses, and the pep of the Regis- In putting down that language, the principal and some times the specific direction is not quite understood. It is suf ficient to say, perhaps, without the slightest disrespect to the Judge, that in directing Minutes, unless observations are made, the person who dictates them may, at the moment, if his re• ftection is not called to the subject, not embrace every view in which the words are used, and therefore, without assuming too much on. the one side or the other, it may be as well to bestow a few words upon the Minutes a s they now stand. We are agreed that the copy we have, is the same the Registrar has ; it stands thus :—. " 'Whether the father of the defendant Hilton Jolliffe • . " died indebted in any, and what sum, to the Charity in , • " quektion ?" Those are the words which stand in the 'SE ,. • putts ;'the question I have to submit to your Honour's atten •• • ' don is, whether, in those words you intended to exclude our • right•ctfimving an account against the late Mr. Jolliffe. We .contend, that lie stands in the situation of an ordinary trustee of a Oliority who has been dead some time, and the account goes back to a period of some years since—whether your eltonour intended, that we should not have as against • bk.. Jaffe, the ordinary account sought in a charity inf o? . :nation against atrustee. New I do not find any ground in the • *newer or' n point of law to prevent the relators having that • atiount". "Mr. Hoses E--lie became a trustee in 1769. 'Mr. WerrtionEnt —They say hehicame a trustee in 1769. Ms eon raises a question in his answer,whether he had assets or not, and generally speaking (certainly as far as argument goes) • rice aquestion whether the.balance is considerable; but sd. 'nits, as I understand his answer, that sonic balance was due • from his father. Then, what is the ground in point of law on which we are not to have THE ORDINARY ACCOUNT against him. If it be said (as perhaps it will be by and by) that he cannot render that account, or that the Charity documents are not sufficient to charge him, and so forth— i that s matter of in. wretigation in the Master's office, but why are not the relators to have against him the ordinary account as against a trustee of - charity ? It isesid your Honour, in your dictation to the Re gistrar, used the word 'indebted. " whether Mr. Jolliffe died tuk ittat, in any, and what sum?' If.those were theprecise words •which fell from your Honour—if it,is in yOUr Honour's recol • ~,loption.that, you used those words, it is Mt possible for me to give a negative; or if any gentleman shall pledge his recollection • ilaie•rhoye precise worde fell from your honour, the question ' kill is, whether your Honour did not intend by those words ,that the:ordinary account should be taken. Vron CriaNCELLon.L.,Does the information pray any such account. against all the parties, Mr. 01.Y11--ft preys an account' ftfthrSt his asset.;. „Mr. ll's Titrit Ei.r.—The bill contains all the usual charger, • 'and is applied to the case of requiring an account against JolliffeC Vic g-Crraerc Er..1011- , --Give me a copy of the information. It is unfortunate that the matter should have •• been suffered to have lain so long c the decree was pronounced • . the leilf of November, end what passed is forgotten. Your ellent ',has been u Ted over and over again to pr o ceed. Mr. 1•14:/inu—The other side have ,delivered us Minutes varying from the Registrar's. • 'Air. Sainatow —just the contrary; •we have conformed to , • • the Registrar's Riinutee—the variance is An'yov r pert; ( copy ({/' the bill was handed to Att . /Zones:T.) Mr. Honerne-There was a great deal oftlis,:uesion upon it at the time, and every thing was. supposed to be settled in the framing of the Nieuwe. • , •• Vic y e Ctiewcne non—When did this Gerelernan die ? Mr: TlottriE—ln ..1903, Sir. Vrrit-CtiaricELLOß—For howlorig was he trustee of'.the • Mr. flontiv-:-Ile was iippa' inted in 1769. • - CE-Citar-WELLOiI-e-'Fhnte is the account that it is sought • .to take ? • ~ . • • Mr. 11TrellEnri.f.--The ardinary . ACCOunt. • VICE-CIIANCE n---:Vrorii, the, year 1769 ? • • '• Mr. hat o—Your Honour will see the object of all this. • , • . M r , fit: A i / n-1 do ,qt)t. .know what we are disputing shoat hese.e-Ifkhaquestion is Whether : he died indebted, doh* not that ' linen to its to' Chtirg'T hint from the beginning. There is In the words.. . Yrro-.CitaricuLeon—The reason I always ' pronounce ' Those canvas if l cab, is to prevent the necessity of a volt MA!. • irr the Aiaster's f;filce. You get at the same conelu , ants, but at one-ten th.part pt' the espence. If the Court directs lure accaunt, stll the Accounts must ,bc regularly taken ; but Wit directs an account—what was he indebted-e-you state the•faCts ~by affidavit. in.that-mede of doing it, we ate entirely the mercy of the party who makes the affidavit. Vier -Crian•eti.noa—Yee, unless you can make an affida ; • wit yourselves. ' ; . My. 11E4.4.1)—We can chargethetn. • , V,fcz-trIANCELLOrt—f take fir granted it will appear, as It.must appear by the accounts of the Charity, what the rents ~and profits of the Charity have been every year this Gentleman held the &Hee, and that It will be eventually apparent what SUM the dieburemente on account of the Charity. Mr; hiker;--.1 believe it will not save one shilling eepence . • • whether It isin tine way or i ho other., can for the matter never ourtiq to a corn:fusion on his being-indebted, without knowing what he has rectived, and what be has paid. • VinE4ifitascz'f.t.o ft —'.llr. Heald. you do rot consider the mutter wbeli you sarthat. fiE,A have considered it, flu, out of Court with !tree . Vict.thlkif4i.r.t.+34:-.llhe is directed :to take on account, !t ett:o3)llst , ca rried, in a regular account pf rece ipt and die. atge, bcforp - him. Now it hp is directed to inquire whether the pattriCialelialited.'-every periton states by affidavit 'what ap , gaiaramitai,r.liqkct to thb payinent3 and, receipts, and the Master . • tikr4l. kct 0 loxeounfint all,.but is, front the same mimerials as if he ea tt (=.#l.oectrAilt; to'ihaw a cohblusion on affidavit.—lt is 'Mit a ;MANI - off - 1;4.)w-twentieth part of the expense. to that. We Say that ills not , a ytktitots..NCir I.tak: of the 1./tferees of tills tourt. • ?' Ho- istie language frequently adopted by the GSM. tria-ljrAgC.ELLcut—Wbat are you struggling for ? Is it ally drittlireilre thari p struggle that will necessarily Increate eap_tneer ble.4ltailala-.-If your Honour will be kintletiough, instead 'of asking etVmany questions, to hear one answer, I will tell you the obj'ret of our applicatien. Supposing this gentleman to have had in his hernia, during the last ten or toe last five years of his life, a large balance, Ad- an increasing balance—. anProse've say 1006/. increased to 12001., 2000/., 2500/., and he died Indebted 25001., how are we, on further directions, to show to the Court that this gentleman hies had a balance in his hands which entitles us to charge; him with interest ? All we should get on our inquiry would be, that he died indebted 2500/. ; but, non consist, he had it in his hands ten years. VICE-CHANCELLOR--Mr. Heald, I foresaw that case, and provided for it in the Minutes ; for 1 directed the Master should be at liberty to state special circumstances, with the very view of meeting the case vou put. Really, Mr. Wetherell, the more you consider it, the more it appears you are straggling . for nothing but au increase of expence. Mr. WETUERELL—We have considered this, I assure your Honour, and do not bring it forward lightly. VICE-CIIANCELLOIL—Consider now for a moment whether you do not see it to be as I now put. it. Supposing I direct an account, you must carry in a. charge 'before the Master; from whence will you get materials for that charge?. The son can know nothing of it. That is impossible. It is a matter with which he could by no possibility,katve connection.. You must find the materials for that charge in the Charity accounts; therefore, either-they must appear as items in t oe account, as you must collect them f r om the account of the (Iltarity income, with which you will have a right, prima facie * to charge them. Then there are to be dische're,es ; they are to bring forward those discharges. I take it for granted those discharges must of necessity appear on rive Charity account. That what the trustee expends 'fok Ciaarity . purposes, of „necessity finds its way into the boats of the . Charity; for his own sake . that must be done; then sAna- • way or other all the mate rials must appear Lai the , accounts. Cannot you make that the subject of an affieiavit, stating in the affidavit that the annual income of the Charity such a year was so -much, arid suelh year so muck:, sulks° on, and that Mr. Jollif'c uhust he taken to haVere*.ved such a 5um....-that It appears, on the contrary, bp the blifis of the Charity, that he expended only so much, . and so watch, and so much, and that there is so much due— And mist not the Master draw that conclusion precisely the same its If it were matter Of charge and discharge in his office, unless it he opposed' by evidence of a contrary nature ; but if it he opposed by evidence of a contrary nature, it would affect the conclusion, whether it is by charge and discharge, by afli. ,„ davit or by account, in the office. It isa great advantage when you have the : party himself before you ;, but we have not the pai:ty to examine in this case. Mr. WETHERELL—I . perfectly comprehend the way in ' which your Honour states it. We have given the best 'consi deration to it elsewhere, and I agree with Mr. Heald in the importance of it. Moll-CHANCELLOR--If you can state to me any possible lay in which benefit will accrue to phis trust estate from put ting it in the way you propose, instead of this way, I will take every care I can ; but 1 never will consent to an alteration of the minutes, when the only difference, as I conceive, will be the charging this Charity property with ten times the expence which would be incurred by the forming of the Minutes as they stand. Mr. WrritEnELL—The saving of expenhe is a great object to both the parties ; but it occurs to me that the mode of taking the account In the way your Honour states cannot attain the ob. ject, becauae I do not scruple to say that our object is to charge Mr. JollifFe's estate with interest upon the balances de no in annum in hand. Now if that applied only to the receipts and payments of one year, it - does seem that there would be strong countenance for saying you must simplify it by affidavit: but if your object is to charge him in each year, we must hive an af fidavit of the state of the account every year. As *minutes stood the Master was not to have an Affidavit of what the Receipt* and Expences were in each year de anno in annum,. but. there ' to be an Affidavit of the ultimate and final balance. VIcE:-Cirastcr.t.ton—Why so? I had In view that there might be special circumstances, and I .authorized the blaster to etitta citcomatruices specially.—lf you mean to require' the Master (as I permitted you to do), to state what the annual balances werc., you must frame your Affidavit accordingly; and instead of drawing a general conclusien l you must state it each year. lam only Anxious you should have all the justice which belongs to you. In a Case of Charity one is must anxi ous for that, but that you should have it at the least possible expence to all parties. I think I have had a good deal of ex perience on these subjects, and I have always considered that I best served all parties to a suit by framing the Minutes in that way ; and every body who attends here knows I. con, statit ) y do that whenever I can. I know how much it-saves in point of experice,- and in point Of time. You get all the mat ters on Ail:davit, and the Muster draws his conclusion from the Affidavit, whereas the accounts perhaps take 20 meetings. I have no doubt those Accounts would take 20 meetings before the Master at a most enormous expence,instead of having one meeting only, by calling upon the Master to determine on Affidavit. Mr:WETHERELL—As the Minutes stood, I think it would have been a doubt whether the Master was to state the annual balances in Mr. JoMires hands ; or whether he should merely state the ultimme balance. . VioE-CliatteELLot—That was not my intention. I ' meant he should state every thing thlatlfould aggravate the charge and st ste every thing in his opinion special. Mr. onar E —Do we consider this as settled then ? Mr. IVETfiEurr.t.—No, his Honour will give his opinion when I have closed the few sentences I have to state. Another thing which has occured to us, is the mode of taking the account. We mean to contend that a great many articles of discharge are not to be allowed. How is that to be gone into? Is that to be gone into in this mode of taking the account by affidavit instead of taking it in the usual manner of charge and discharge ? For instance ;there is' a sum laid on t in building,—there are, indeed, various sums misapplied, not applied to the Objects of the cha rity.*Those matters of discharge which Mr../ollifie will contend for must be examined, not in the usual mode,—hew is that to be done ? As far as the saving of expence is concerned, it does not occur to me that expense will be saved. We are in a dif ,ficulty to know whether, as the Minutes stand, we should have the libetty of contesting with Mr. „Tolliffe's representatives his title to all those matters of discharge which we mean to contend arc not to be allowed to him ; and that must be conducted in as expensive a mode as if it were the ordinary mode of taking the account. Are they to be allowed the same opportunitiee of con ducting the Matters of discharge, as they would in the ordinary mode, or not ? If they are to be allowed the same opportunity of making out his discharge, in this mode of taking the account as in the ordinary mode, I do not sec how the expence is abridged ? I think your Honour seems to be of opinion we are entitled to the same remedies as in the ordinary mode. If so, the whole must be gone through.—These are the difficulties which occur to our minds : and we submit, first, That we are to take the account charging Mr. Jolliffe tit anno itt: annum, and to have the Master's Report of the balances in his hand de anno In annum ;- so that your Honour truly he able to, say, whether, under all circumstances, interest•should be paid upon those balances or not. Secondly, We claim a right of taking the account in the• usual manner, so as to contest with the Trustees every matter of discharge. Your Honour's judgment seems to be; that those modes, in point of substance, of chug in the .Trustees, may be better obtained in' the mode of affidavit than in the ordinary mode. If that is your Ho hour's ultimate .ludgment, your Honour will pronounce that opinion ; but Lib trot scruple to state, having looked at the ac count, that there are many items of considerable importance, and some of considerable amount, which we propose to deny to this gentlemen, as matters that he can legally set up as charge; and we think, thet the same mode of uldinate charge was not equally available to us, as the Minutes stand, at it would be in the ordinary mode of taking the account. Your Honour's opinion does not evetn to concur with ours; you .seem to think we are entitled to ijie same ultimate result of charging the trus. tees as he , ought to, be charged, thoughit is not according to the, ordinary mode of taking the account. We have in our humble judgment thought we should be deprived of those opPortunitics. If your Honour's opinion is to the contrary, we must submit to your Honour's judgment. VICE CHAIM EL Loa—You now suggest that there may be items of discharg i,which although actually expended, ought not to be allowed. - Where is the difficulty of making that case by affidavit. I do not understand how that cre a tes any further difficulty; yOu must by affidavit explain the eircuthstances Why that item of expenditure, though incurred, is not to be allowed to the late Mr.Jolliffes estate. How does it make at y dlifeience? Mr. WETHERELL—The interpretation widch I put upon tli”4e Minutes, was, that in consequence of the contracted ex pression*" whether he was indebted in any and what sum Pie_ the Master would not feel himself at liberty to take the usual account of charge and discharge. VicE CHANCELLOR—If you have in your infoimation stet ed any items which ought to be disallowed inquiries may be directed in reference to them. Mr. WETHERELL—I have not got the information here, but by my recollection there are all the usual charges,—there is the case of buildiag I recollect. Mr. Illear.o.:-.Yes, there are charges of that sort V tcE-CuatecELLOtt—lf there are special charges, I would direct special enquiries as to the items of expence you 'admit to have been incurred, but which you tiny, on some principle, ought not to he allowed, but it was not stated at the hearing that there were any such' harges. .Mr. MILNE—No, Sir, certainly not. Vlcc,thialearr.t.on—Will Mr. Heald .have the goodness td Mut th4se g tut rges- Mr: H apa--Your Honour has got my brief, and Ido not know that I could refer to them at the moment,. There is a payment made to in unqualified Matter. 'Put parties I am 1 :f ~~~':' sure small go had in hand with the Court - in the endeavour to save expence ; but I verily believe this question will come before the Court in another form by those who will, this is not the regular practice of the Court; though it aritwers the purpose of the other side to day to say, that it attains the same object ; and if the last age of the Decree is not altered, we shall ulti mately. spend more time in exceptions and in appeals than can be gabled by it. The object of the alteration which I feel it my duty to ask for, is to make this ilentleman pay ultimately the in terest on the balances which wilily he improperly kept in hand. I bklieve the cheapest way will. be to take the account : it will not be attended with any great expence, for the accounts are set forth by way of schedule to the answer. VICE-CLIANCELLOR.The account of the father's receipts ? That cannot be, I should think. Mr. flentreEL-Every thing which is known by every man living is set forth.: • VICE.CIIANCELLOR—Itas Mr. Jaffe set forth in his answer a schedule of his father's receipts and payments ? Mr. II omer —1 es : in all he knows he has set forth on oath ; they required it, and we did it. They would not be content without it. We referred to the books, stating, that they contained every thing, but they insisted on our setting out I do 'not know how many hundreds or thousands of folios. Mr. lIEALD—I do not know any thing about that, but I isperat of this as fact ; it appears by these schedules that con sulttrable balances were in hand from year to year. I know the Court, on a bill filed against an executor, in the common and or? nary way, directs an account to be taken, but it does not area rests to be made until it shall appear how the account sLinds, and if it shalloppear that there were balances from year to year, it directs it to be referred back to the Master; now these very schedules appear upon the record just the same as they would on the Master's Report. VICE-CitaNcEL emt--What information, then, can you have more than you already have ? Mr. HORNE-,NOIIC. • . • . . i • Mr. HEALp—I really do not.stand up here so much for the purpose of stating th - et it• Appears to me a greater benefit would arise front taking thettecount than will arise from the Master stating whether lie is indebted, provided the Master under stands, as IMt nowinformed, what the Court meant. If the Alaster steunderstands it, it does not appear to me of moment, beyond the objection to altering the customary 'language of decrees, which I vety much, fear will, in this case, not save exponce. ... . ;. 4 . . vicE.Cumni4ton.;--I do not quite apprehend you, when you say it varies the language of decrees. If I stated it in the manner.you propose, 1 should very much vary the language of decrees. 'Voted° not appear to be aware of the distinction be tween a party deceatted, in respect of a long account which took place in his life time (as long now as fifty-four years ago), and a party in Court, who is called upon to account. The habit of the Court is, where the party is in Court, not to direct an ac count of what he is•indebted, but to call hint to such an account as he is capable of giving. • But where we are charging.a party in respect of transactions tiftyefour years ago t a party who has been dead now twenty years ; to say that it is the habit of the Court to direct such an account, is against all my practice, my experience, and my sense of principle ; and it is obvious 'AY it is so, and why it is not the habit of the Court so to direct. How is it probable that such an account could be rendered ? Can the Court intend that there, Axists at this time materials for taking an account fifty-four years ago, and is it therefore to send it to the Master to do they/Web in all probability, it will be utterly impracticable for hull to do, there not existing the materials? Therefore it is that the Court never does that which would be a more absurdity, because it would be a mere impracticability ; but it adopts another mode, and makes an inquiry whether the party at this time was indebted ; for you may arrive at the conclusion whether a man was indebted at his death from other circumstances than • the mere taking an account—such as his condition, declarations, •,conduct, which would lead the Master, as it would a seJury, to the question whetherbe was indebted, though it is utterly impossible that the account can be taken. I ant, there. fore, very much surprised to hear front the bar; that the regular form of the decree is not to inquire whether he was indebted— a practicable inquiry—but to send it to the Master to take an account, which is an impracticable inquiry. If there .are on this information any special charges that Mr. Jolliffe, the fa. ther, expended in such a purpose, not warranted by his duty of trustee, a sum of money, which appears in the schedule to the defendant Jolliffe's answer, and there is upon the record colour for imputing that impropriety to the expence, for both circumstances must occur. First, there must be the charge ; and next, that charge must be supported by evidence ; if there be such a charge supported by evidence, so as to raise a doubt, it will be then the duty of the Court to send an inquiry to the Master, calculated to meet and to resolve that doubt. Mr. Ni'VritEtteme—Certainly there are those charges in this informatioti, and particularly this distinct charge, that he had balances contlhually in his hands. VICE-CIIIAIWELLOII--I wilt hear with pleasure any charge in the information, and then how that charge is supported. Mr. titele—Our greatest fear was, that the Master would not consider himself as at liberty to state the annual balances; that difficulty is now, removed by what has fallen from the Court. VJCE.CIfANCELLOR.—I will supply any words that .shall enable you to bring before the Master the question of annual balances,; because then undoubtedly if you can make such a Case as that—that ought to be the subject of further direction. It is not in this case alone that I have used 'these words, but every person knows, that 1 always recommend to the parties to take the direction in this way ; for Gentletben at the bar do not know the object of this—how much difference it makes-. it would make in this case I have no doubt, 20 0 1 difference. Mr. Hortrir —Five hun dred pounds at least. VICE-CHANCELLOR—Then say 5001. I know it would be considerable. Mr. Hon:a—The effect of this would be to make all which is done go for nothing—to begin de novo—to increase expense. Mr. WETHEHELL—I do not know WHO instructs Mr. Horne to say that. Mr. Hokin—My client does ! Mr. WETHEREL I.—Then I will answer that charge. I have seen n othing wilit:ll can impute to the Gentleman, who is the relator, that the object is to charge the Charity with ex pence—, Mr. IloaxE—l do not say that there is. Mr. WETnEacu.:—You say the object is to accumulate expense. Mr. Iltynam—l do not say THE OBJECT, but that that would be the effect of it—that we must begin afresh—that an account of a different nature must be taken by different ma terials. Mr. WETHERELL—This is not a case in which stones shall be thrown on one side alone—it shall be answered by retallia tion—l say that is not the object. V/CE•CIIANCELLOR—ReiIIy I think we had bitter have no stones thrown on either side. 111 r. Wrr tlEllEt.t.—This is not a case in which I will sub mit to have siich imputations thrown out. There is nothing to warrant it. We have succeeded in establishing against these trustees a case of gross tnimanagement ; and then' when we come to charge them with the balances which they have held, we are told all this is done in order to load the Charity with expence—that our object is to Increase the expence to the Gliarity,bygoing through this asecond time—and when 1 ask who it is that.does this, they say the Solicitor on the other side. Then I repel that charge, and say, my Learned Friend is charging anindividual of as much respectability as himself in making that-- VICE-CHANCELLOR—Yon do not advance the justice of the case by lending yourselves to the fiielings of the Clients,— the best way is to discuss the case without reference to those things. . Mr. Wrtittwect.—l area with that, hat when we hear charges of this kind 7., Vict.e r liaNCEi. Lon—l discharge you from every thing of that kind. I am quite sure it is not the object to load the Charity, with expense; but I think that would Oe fife effect of it. Mr. %%TETHER k Lt,--1 can assure your Honour, we feel as much rut the (kirt can, the objectio': to 'increasing expence,' and we are most anxious to prevent expense as much as we possibly can; but there is a necessity for taking this account EFFECTIVELY. It wit.' our impression that, as the Mi. mites stood, we could not ! go into the amount of charge and discharge, as we should in an ordinary case; and that we could not go int o t h e c harging of the estate of the late Mr. Jolliffe with annual balances. We were also of opinion (and I think that is now confirmed) that your Honour did not', intend.to pin us down to the ultimate and final balance. VICE.CHANCELLOR,-TO remove all difficulty, I will add a few words. Let the Master be at liberty to state any special circumstances' for the purpose of enabling the relators to raise any question with respect to interest upon the debt that may be found due from the estate of Mr. Jolliffe. Mr. IVETilinzu.—Your Honour will, permit me to oh. serve, that if your opinion is given, I Will not trouble yoti fur. thee; but there are ot h er q uestions. We say that a Master wasimproperly appointed. If this account was to be taken in the usual mode, we should say to Mr. Jolllife, you cannot din. tie propr iety CA o o that p charge yours e lf by paying such a schoolmaster. Can they go into v t you should. C an I at t h e distance of thirty years, consideri ng this gentleman ha s i n t he exe cution of his duty actually p a id a part of this m oney to a sc h oo lmaster, call back that mon e y ? I t L f tn_ e rtn e ; i n d by affidavit iynot. I do not mean t o s a y is not my purpose t o d o t h a t. Address to the sny charge , and I will give.,you an answer. mean to give the M a st e r no suc h latitude. that be so understood. Mr. 110astE...So it was understood at the hearing. ,1 Mi. WETHERELL—Then there is the charge of building ! this school sroom VICE.CHaNCELLoa—I certainly will not authorise the Master O. enter intOritich an inquiry. I cannot, at tide.dia• tance of time, when the trustee has authorised the buffeting a school-room, say, that it shall be questioned whether he ought to have done so, when he is dead, and every one about him is dead. . Mr. HEALD—We feared it would be contended in the Mas. tors' office, that the word indebted was used without that de finite meaning•which the Court has been pleased to express, and that it was only a short mode of taking the account. Sri cE.O !lAN cr ee on—l have so often declared my intention, that I ant surprised my view in the Decree is not understood. I have so often celled on parties to take the account in that mode. Mr. HEALD—After this day we shall understand it better; but I believe there is not a Gentleman in Court who had not understood your Honour so to have directed, except in cases where the parties consented. • VICE.CUANCELLOR—Where the parties whose accounts were to be taken have been before the Court, I have required their consent to direct it in that form, but not when they were dead. I will add these words, 111 r. Wetherell—" Let the Master he at liberty to state - any special circumstances for the purpose of raising any question with respect to interest on any balance that may be found due from the estate of Mr. Joh liffe." I think that can never be misunderstood by the Master. Then 1 will add, " or otherwise," that is, to state other special circumstances in order that the Master may not refuse that which I think you entitled to ; " that the Master may be at liberty to state any . special circumstances for the pu rp ose of raising any question with respect to interest on any balance that may . be found .due from the estate of Mr. William Jolliffe; or otherrse, at the request of either party." Mr. HEALD—The next alteration is one which they have in. troduced in the Minutes, and which. I can hardly think the i Court will adopt. The Court referred it to the Master generally,l to approve a new scheme ; they have introduced these words, " refer it to the Master to approve of a new scheme, by which the present sum of 601/. lls. a-year, can be best applied." That may be the &titre income, or it ray be not. VICE CRAW cELLon--I cannot introduce those words. Mr. WET REBEL L—There is another alteratidet in the Mel mites, which I believe is asked for on both sides. During the I progress of the Information, 1 understand, Mr. Thos. Samuel jollifferesigned. At the Bar, I understand, Mr. John 'ray. ford Jolliffe also proposed to reite. Now, under these circum stances, I apprehend it should appear upon the Minutes that both th ese Gentlemen are disrharged. I understand there is a little criticism on the other side, between the word removed and the word disc& ',rd. They propose the word removed instead of discharged. Whether there is a superior...leniency in the word.rentoved instead of being discharged—whither it is a violater asuoveas ,nanu—l do not comprehend, but it must appear that both those 'Gentlemen were removed or discharged. Mr. Ilonert —lt is not worth a word: but the act is, Thos. Samuel Jolliffe had previously retired, and a new Trustee had been appointed. Ile resigned three years ago ; therefore, per. haps, it may be, pecessary to Inquire whether that Gentleman who succeeded him was properly appointed ? One of the in. quiries is, whether two Gentlemen were properly elected? per. hays it would be better the inquiry should extend to whether this Gentleman also is properly elected ? NrICE-CIIANCELT.OH,—I could not take notice of it in the manner you desire me to do, but I rather think it has been held, that a trustee appointed pending an Jilin-nation, without the authority of the Court, where one object - of the suit Is to remove trustees, is wholly irregular. Mr. Hostler —I have no doubt of it, and I have not mention ed it with a view to the Court approving of that election, but that the Court should be aware of it. Mr. &MIAOW—This information was to impeach the title of all the trustees. _ _ _ I know that. Mr. WE i.HERELL—Then it stands . thus:—" Thomas Sa " muel Jolliffe, and John Twyford Jolliffe, by their Counsel, " consenting to retire from being trustees .of the said Cha " city." We are not very particular about giving them the word removed instead of discharged. That is not a matter I shall enter into4-that is only one of the alterations proposed on the other side, they were so willing to abide literally by this copy. Mr. II EALD —There was no notice given to us till after the hearing that this Gentleman had retired. VI GE-CIIA NC 1: 1.1.0 R—A trustee cannot retire where there is real estate without executing a conveyance. Mr. Stunnow—lt is all personal property, there is a school house 1 understand, but the legal estate is in the heir of the original founder. VICE-CHANCE L LOR—We cannot act upon the retirement, on the statement of Counsel. Mr. lirat.D—The Master must inquire whether he bas in point of fact retired. VIDE-CitawcELLoa—No ; it must be taken as a retiring now at all events—that in my reason that I should upon that retirement (whether it ',accurate or not is perfectly immaterial) proceed:, Mr. HEALD-4 do not know that it is material here; but a trustee May, in many cases, get rid of every re. sponsibility by 'Such a statement. 1 am sure if it had been stated to the Court, at the time the decree was made, the Court would have proceeded differently. Mr. Thomas Samuel Jol liffe had not attended . for thirty years, and the" Court was of opinion he must be considered as a mere dead letter; but the regulation is; that they shall bo appointed by a certain number of-trustees : the very removal of Mr. Thomas Samuel Jot_ lifFe and the other gentleman would render his appointment - Mr. Sxxnao*—lf Mr. Ileald took the trouble to read the schedule,;he would find that was not the case. Mrjlonzit —The Court gave no judgment on any of the trustees, de facto, except the two trustees who are to retire. Then there are other trustees, as to whom the Court hiss di. rected an inquiry whither they are properly elected. VICE-CHANCELLOR—I think, on reading these Minutes, they are wrong. Refer it to the Master to appoint two new Trustees in their place. Mr. HORNE—It is agreed on both sides to have that struck out ; that that shall be deferred till it is seen whether those two Gentlemen are properly elected. VICE-CIIANCELLOR—It will stand thus :—The defendant, Thomas Samuel JollifTe; by his Counsel, stating that he retired from being a trustee of the said Charity pn or about such a day, and the defendant, John Twyfard Joiliffe, by his Counsel, now consenting to retire from being a trustee, the Court de. clares that they have ceased to be trustees accordingly, or, in the words of the Minute before me, that they are hereby dis. charged. Mr. onin—lt Is perfectly immaterial. Mr. WET ItERELL—Their word was removed. Mr. HORNE—I think your Honour's present declaration is more correct. r.WET,,TIERELL-4 gave up the stronger 'word and adopted the more lenient in a moment. VicE.CtraticELLox--Suppose you were to take it in these words, that would be more according to the rlrope! phrase; th e Court cannot discharge men that have already retired. I think n fro ow in co b n ei : l e g nt a . the better way would be to arty —Thedefentiant ThomasSarnuel Joll t i e ff t e , , o b f y th h e is sa Co id t e m h s a e r l ity st o a n tin o stating that about t h s e uc r t a red day, and the de finengdwanrte,ltiorehnfroTrowybfeoinrdg.laotrlitte,etlif thehht sai Ceu d wte ch l a , rity mate, the Court declares. that -those two Gentlemen have ceased to be trustees of the Charity. Mr. HEALD—The next is the account of Mr. Hylton Jol.. HO. If it stood in the way it does, it might be doubtful whe. ther the Master could report the annual balances. We pro. pose to add words to meet that. Mr. HoitrrE—We will not object to those words. VICE.CHANCELLOR—Are you agreed now ? Mr. HORNE-. 4 believe so, Sir. VICE-CHANCELLOIt—AIr. Bell, you have often heard me make the remark, what a great difference it makes in the .Master's Office, what is the form of the Decree ? In reading :a Decree, you would suppose it was the same thing, wheth er t h e Court directed the Master to Inquire whether A. B. was in. debted at ileatli, or to send it to the Master to take an ac. count of the receipts and payments of A. B. ; itloeka upon the surface to be the same thing, but it is a matter which makes, in the way of expence,` a difference which is incalculable. Mr. BELL—I have certainly asked your Honour frequently for it in that way. I DID NOT KNOW your Honour had, in contested Cases, ever so directed it. .I never recollect a Case where the distinction was made of a deceased Trustee. VICE.CHANCELLOR—Where the party was living, and be. fore the Court, I have only recommended to the . partial to do it ; , but .Where the man is de a d, and t h e account, is for thirty. four years beige his death, there it becomes a duty. Mr. HEALD--It appeared to me that the words " taking an account" were the usual words. I was NOT aware that the Court ever made a distinction, but I do remember a case where it was 40 years instead of 30, where a man left money for the purpose of improving the Edgeware.road. It was pressed against the Brewers' Company, b e f ore Si r William Grant, that, from the great length of time , the account was highly inccmve. nient ; and, in order to meet that, the Court directed the ac. count to be limited to the time the demand was made—that was 20 years. Air. Hoax's—That was against a Corporation. VICE.CHANCELLOR —Just so. Where a party is dead, it is possible the Master may fi n d hi m indebte d, oral yet not be able to take the account. , Mr. BELL--A case is likely to come on before your Honour, in which Sir William Grant made a Decree, which has been affirmed by the pre;:ent Master of the Roes, for an account which began in thetirne o'Charles the .Pirst.thatis coming on before your Honey on kcceptions. Air. SVET ERELie—it is very desirable, certainly, and must ; be the object of all Patties, to shorten the inquiry AS much as possible, only attainft* the objects which are n ecessary f or t h e 1 protection of the Char i ty. Friday, Samrday, • ,fr 4 ); Thtl , ti * 44, y V t*, .3IASONIO NOTICE4'FOR NEXT iirtEL ENGI.AN D. Monday, February 10, LONDON. Nos. 40, 100, 143 f 319, 3'29, 3-5. Co ux nr. N73357.0:145371743,: 517, fiLiti°,:, 11, 1,0:moil. Nr 2 e 4 , 7 6 9. 2, 290, 3 w: COU Willie. Nos. 24, 67, 136,,e1t3) 263, 292, 07, o ' ll 626, 668, Wednesda I', Lo sno s. Nos. 3 ,11, 10, 1 y, - 96, 237, 201, 3" 435. COUNTRY. Nos. 159, 213, 2 15, 314, 314, 440,441, '478, 641. W I. o g Ith4a Th - 13, LoNnOi. Nos. 6, 18, 3025 271, 299, 1: 1 ,1 , Cous;tar.,Nos. 110, 111 178, 2 00 , 271314 '' 531, 540 , 52 1, 1 1 - 4 1 1 0 0 0 5 . 5 . . 7. 5 1 3: . ; 'l2 5 , .` 2 ; 1 1.041 • LONDON. • COUNTRY. No. 64. 1! ELAND. Tuesday, Wednesday, 12, Cont. • Grand Prov , Munster. NORiIiUI4IBERLAND. mph NEWCASTLE-VPOli-TYNE. OD Monday. ;he "".'n, Hoary, (being the 60th Anniversary of the Ns;s : 1 1 D 14 Royal Highness the Duke of Su ssni, Grand Alsiter° hda , land), the Newcastle-upon-Tyne Lodge, No. 2t 3, Annual Meeting at the Free-masons' Han, for the bar tre Officers for the present year. St. John's Daf used S at served for this ceremony; buy the very ami able ' cc 4 1,01 ing, and obliging manners o r-th e Illustrious Gr , °'" : m during his Visit in the North last su uler—pArti ettbri nf l- 1 intercourse with the Craft—induced the'ancieut castle-upon-Type - to fi x upon the Birth al 11 : 01 Highness as the day on Which they would this year Officers, dedicating it alike to benevolence and fest iv/ti compliment so honourably intended cannot be tnisO led , ' At one o'clock the Brethren assembled at their HS% i4 ll ' gate-street, wheie the Chair b e ing tak-en bye . Si ft Loraine, Bart., and the usual prayers tea b i the Brother Wasney, Chaplain, followed by a 01111 d Slurp P on the Organ, the after- me ntioned Officers we " °— invested, and installed in ancient tom : Brothers Sir Charles Loraine, Bart., ; Loraine, Esq., S. W.; Robert Thompson , Ball, Lecture-Master ; Rev. Robert Wasuch 'j Henry Ransom, Secretary; George A nglis, r tr° 4 lh, nald Little, S. D. ; William Gamsby, J. a ; Richardson, S. S.; Turnbull, J. S.; T " '—i Tyler. At the I After the Masonic business was a numerous party of the Brethren adji ardsoxi's, at the Three Indian Kings, (2 1 excellent dinner was served up in the Long , The Presidential Chair was ably tilled - ter, Sir Charles Loraine, suppoi White Ridley, Ban. anti Cuthbert Ellis for Newcastle), Sir Robert Shako H Esq., John la rnbtou Loraine, Esq., chum of respectability.;—After the clot loyal and Masonic tOIIM were given 6 " The King and the Craft," "ills Roy Sussex, most 'Worshipful Grand Mato happy returns of the 'day to him e"—(, dr ß. nk with the greatest enthusiasm at Swinburne, Bart. Prov. &M. for Northe '7l :„, to ot el plause.)--" The Members. for N eweast i e , o ,-C lll 7 ll - e , sto ed Eni neat and pertinent speeches from Sir )1. 1114 Thi ' ' 103 (G .th reat applause.)--4‘ The Wonhipfld Mote °tl ice tis for t pao his Previous Mastet‘hiP."—(Oreat applatoe. ) ' ll° lo ,o veryr e. c iur co th y na, ; ; " t n eo:u to4 lal m l y lil e i n n s ter tro l r d i . n u i : h ce isln d , Enb , by t l a iS nn h y i o r Pma l%l i c l y °. ‘ , o ' b° . r i ll :gin :i d ! in The Port ugrielreturn . hu, Baronet in the chair, rose and expressed ,d aA:i N , e• --(Thanks returned' by a Contol °ll. / 10 10 ro t : a se in t e d ;o l E o would be his ambition. to apply himself t° tell ntents which might enable him tou t acq t 14- 0 ,,. ently in the office to which they had done h i m . 1 ' IV y ic' that day to elect him (Applause.)- -- `` t :, °l l ° :ce y e b r enCtc.er -in e Ellison, t 3 h i a a s r thanks j ; , r tt Hu g , M. P., and the Northumberland tnanry Cavalry ;" - g -Yen by a brother in the // , ,. 0 0.0 room,--(Drunk with great apple,u*O—Th e 11(41 , 1 . - a iont ll;i turned thanks, as Major of the Reg-lit - ant " "p t . 1 11° Bunion and the Tyne Huss ars."--(Applatto) nt, Small returned thanki, as Lieutenant of the Bee rnr . course of the evening , several, excellent songe rue' s the tone of conviviality' and ,mental enjnYm en .„ ll4l ,itot (1 f ever predominant amongst the i‘lmbers of the r - vi ; ( andb uh,GisTilvm,rea d enpr e the Tyne.”—is joy fraternity whose motto Is, indeed, UNIV.:OO BENEVOLENCE. • ' " Mountains may, fall and rocks dpi' And isle on.fsla-be swept away But Masonry's primeval truth, Unbroke by'foree, unchat ag'd by duos Shall bloom in renovated youth, And energy sublime." .k,uf wo T h re ti A iie n e n he t rs, , e t :i l n e t an i y a rl e p: pte t u -e ra w- r t et N e .a i ; l 7S T rd n g o r , e p i lei . h t : i y a6 , : - I te l o W.A o col ' e id li cor l e r :r: 'i t o r : t i i i l s t1111 : 1 00 11}1 1; :; t i l l t o : 1 : S :1 1 ;: l er ; ,t lI r soon B 3 a new Provincial Grand Master .1 1;eNi f i l 9'untytin the room of the late Sir John BO 33 : 1 1:: : a h r e; ) weather since Tuesday in ' l bailV,? '/-0 0 0 drear::::: —. _• 4................,......11.10,/'.- . . I , i tin ktfunlay the Ist of Febrile/ o t sr' ramous than : the consequence was that the v . , r olt, 4 of lee in the river Tyne had been got ri 4 ° . t ,, / sy. , eI' A P the snow was every whore rapidly me -lung- o pbely ar tattling rays of Phoebus, and A bright AT, I . s o O ro tit°, the thoughts o those floral phenomena 0; 0 ' 4 4 lo' t hr ' All, howc..ver, seems oga,io P r L di m on iv . 11011. 4 1° mess of winter. Early on Saturna/ ~,,s a tec,,,o , , set in very cold from the N. a udN.E• t a__ A c'' = l"; r atli 50 0 5 and it has continued snowing with Ilr'''', E 4ol l tt ' t 0-► during the last 24 hours, frost also being t''" e j ) oofo l - in a violent degree. The Carlisle mail, II Ar riv,o4 arrived at 7 o'clock on Saturday evening% °B litlo So tit Sunda, fore.noon drawn by ha 10311es 'd 3 t id t brtH v t ,t4 4 °( ti l Th m eluri e: end . d i c T 3n rct 4C l ) e : ll :M Cl n littl n i is. l l :l l: tr i ; s tttl i b t i r e n eall ii ml l tiv l . y .t eigd i sl ; ata , u rtt4 i n i dti l g hlQ : ue l: f i beee n tl : l i ttrs i it i e;; ; ; ;;: l; w l:ll"'o"ltr ii 'llipr foLj from the ettslward, it is tie b I apprehended that4et:;l' ..., JI. - . be sadly drifted. Uur, Pars for ,castial"': o ,o l a distressir.g" order, duridg slits !wail cattl!-Itpon-Tyne, Feb. 2.) concluded ot journed to Ora l ' Quay-sid'i /6 : 6 11 0 ';1 Long-t ' by the Nrcr ll 'pt, ported s ! ) jes! icon,.Esq., (wg awks, 'Wl ll° ,6O B and severs l of; nit was dr.o s ' from the, Cid' DA yal flighn o l" 3; if ster of f:ng iss -(B00 tli ° and sot:1„;1,"--- ~'~: ft .30)--' •;• t r • .t . . 1 , I :1 I ' I , ;t . ~..s~':~.'Y't