The Sun.
London, England, 1822-11-20 00:00:00

FOREIGN INTELLIGENCE.

PARTS, Nov. 17.—Letters from Bayonne,
dated Nov. 10, contain what follows:-" The
Bandes of the Faith, defeated at all points, are
obliged to divide themselves into small bodies,
and all their exploits are confined to attacking
and pillaging travellers. The Army of the Faith
-in Navarre is in the greatest disorder. The
remnant which was able to collect in Roncal
still in complete anarchy, not very praper to fa-
cilitate its operations; only agreeing, however,
not to accept of General O'Donnel as Corn..
mander. This latter, as well as the other Chiefs
of the Faith, and even Quesada himself, have
frequent conferences ,with the French. Generals
here. Yesterday a Colonel of Cavalry of the
Army of the Faith arrived fromWrgel;' it is
said that lie is the bearer of disagreeable news
to the Junta at Bayonne ; when he left it was
stmngly debated whether or not the place should
be evacuated, now seriously menaced by the
army of Mina."

From the Journal de Toulouse we learn that
'Count Gispert, Minister of the Regency of Urgel,
who had been some days at Toulouse, had re-
turned to Seu. It is said that Ite has procul•ed tt
considerable sum of money.
The Ministerial Journal of this evening an-
nounces that Balaguer has fallen into the hands
of Mina.% In consequence of this event, the Ite-
gency of Urgel took refuge, it is said, .at Puy-
cerda. Yesterday this same Jimrnal pretended
that no military event had occasioned this retro-
grade movement. In truth, he pretends that the
Governor of Balaguer has not done his duty, and
even that he has gone over to the enemy. This
news proves _the force of the counter-revolu-
tionary 'Arty in Spain, and the weakness of the
Constitutional party. Balaguer, according to
the same Journal, is a paltry town of no import-
ance, which the counter-revolutionists did not
care to keep. Thus Castelfollit, a formidable
position when it was occupied by the' Army of
the Faith, became only a miserable post when
the Baron d'Eroles was forced to evacuate it.—
(Constitutionnel.)

ELECTION OF DEPUTIES.
DEPARTMENT DE LA MANCHE.
St. Lo—M. Yverl Royalist Candidate.

Avranche—M. Lernoine Resmares, ditto.
Contances—M. Illon.ceau, di4o.

CORREZE.

Brives—M. de Parel, Royalist, obtained 194 votes out Of 260.

VENDEE.

Bourbon-Vendee—lll. de la Roche St. Andre, 174 votes out
of 204.

mosr.i.LE.

Metz—M. de Tourmel, Deputy, going out, ,and Presideut
of the College, had 269 out of 447 votes. M. Chedeaux, his
rival, 176.

.Thianville—M. Ducherray, Royalist, and. Iresident of the
College, had 'A votes out of 100. His rival, M. Millerot, 25.
Briey—M. de Wendel, Royalist, had 109 votes out of 146.
Ladoucette, his rival, 33.—Deputation complete.
Niev res —M. Hyde :de. Nenville, Royalist Candidate.- Tie
had'l6l out of 229 votes; his rival, Bogne de Faye, 67.
At tJzes (Gard), Vulognes (Manche), Ussel (Correze), the
Provisional Colleges have been maintained.

[Frcm tin Journal des Debats.l
As we have promised to inform our readers of
all the facts relative to Spain, and as an article
in the Official Journal is a fact, we consider it
our duty to publish the following article from
the illoniteur, though it be not in all points con-
formable to the doctrines constantly professed
by the Journal des .IMbats.

[From the Constitutionnel.l
For this fortnight past public opinion has ear-
nestly looked for an explanation born the Mi-
nistry on the great question which agitates all
minds, 'and alarms all interests. The Moniteur
has at last spoken this morning. Before we ex-
amine the assertions and the principles which
enter into the composition of this article, we
shall insert it literally, leaving to our readers the
task of divining whether it is for peace or for
war. As for ourselves, we humbly confess that
we have not sufficient sagacity to resolve.,this
problem.

[From the Courier Fraugais.]
The Moniteur, which has long confined itself
to echoing the articles published in the Quoti-
dienne and the _Doge, begins at last to speak for
itself on the question of war against Spain. Those
who may have expected to find in this first maul.
festo of the official journal, either novel reflec-
tions or- conclusive assertions, will be strangely
disappointed. • The Moniteur has maintained all
the formal intricacy of that diplomatic nullity of
which it has long possessed the means of present-
ing the model. That journal is of opinion that
" the whole question resolves into that right of
peace and of war which is admitted to belong to
every regular Government ; and since (it is con-
tinued) the right of France to maintain an army
of observation on the frontiers of Spain, for the
purpose of guarding against the injuries to which
her dignity or her interests might be exposed by
such a vicinage, has never been disputed, it can-
not but appear strange, that the right of putting
an end to a state of things acknowledged to be
sufficiently dangerous to warrant such expensive
precautions, should be contested. This is the
point of discussion on which the opposition
journals have refrained to touch."
The opposition journals have not avoided this
point of discussion any more than the others.
They have not disputed the existence of the
right of peace or war in the Government, but
they have inquired whether the Government
ought to-be willing to engage in war which would
give a mortal blow to trade and industry, and
which consequently' would prove ruinous to
France. If these considerations are to be 'got
over, and if it be wished to make the mere right
of going to war its justification, that doubtless
may be done ; but then we must no longer con-
demn those wars without end, and without neces-
sity, in which the ambition of an individual re-

cently involved France. We should be com-
pelled to acknowledge,.that without possessing
the chances of success which his military genius
and the colossal force of his armies gave him, it'
was proposed to sacrifice the interests of France
to monarchical abstractions, as he sacrificed
it to the thirst of conquest. In placing the
present question on the right of peace or
war, the Moniteur justifies' the faults and
the misfortunes with which Napoleon is fairly
reproached, for Napoleon also possessed the
right of-making peace or war. It appears to•us.
that the question does not depend on the right of
peace or war, but on 'the manner in which that
right is reconcilable with the interests, the tran-
quillity, and the prosperity of the nation. This
is the state of the question as it ought to be
viewed "by a Government which makes force
subordinate to justice, and its own private.wishes
to the general interests. In putting forth the
contrary principle, the Moniteur seems still to
feel the influence of the spirit by which it was
guided—at the epoch when, in constantly an-
nouncing some new war to France, it sought at
least to console her by the splendour' which sur-
rounded her externally.
According to the Moniteur, the formation of an
army ofobservation would carry with it a plausible
motive for war against Spain ; but when the
sanatory cordon was ordered, was it not over and
over again protested that the intentions of the
French Government were pacific ? How, then,
can this corps, which was assembled in the spirit
of peace, become the pretext for a declaration of
war ? It is said that, aggressions directed against
" dignity" or " interests" are apprehended! But
there was no such fear until Spain was involved
in a civil war—until those who lacer-ate that
country had their directing committee in France,
and came there daily to seek fresh fuel for the
flame -which they had lighted up, &c.

Now that we have the declaration of the Mo-
niteur, it is asked what ought we to conclude
from it; and whether there be ground to believe
that we shall have war with Spain ? Many per-
sons incline to the affirmative, improbable as may
be such a determination : but when the mere ap-
prehension of war is so 'injurious to trade and
public credit, if thene be no intention to go to
war, why is that not frankly and distinctly stated
in order to put an end to the anxiety which am-
biguous declarations only serve to prolong?
[Prom the sante Paper.]
Within these two or three days the Public
Funds, thanks to the less hostile news from
Spain, have experienced some rise ; but the
artiehr In the' 11loniteur..`oir the -affairs of the
Peninsula, and the result of, the elections, which
are conformable to the views of the partisans for
war, have produced a new depression.
CORFU, OCT. 13.—One year has elapsed since
our neighbours the Acarnanians have been en-
gaged in an unassisted war with the Turks, and
withi:the population of Albania, for the deli-
verance of their country. Their generous efforts,
which we have contemplated with. an admiration
not unmixed with fear, has increased, notwith-
standing the forebodings of certain Europeans.
Lately five hundred of these brave men, after
great fatigue and exertions, reached Calamos with
their families, in search of even a momentary re-
pose. Five days after their arrival, the English
Governor of Ithaca, in the name of his Britannic
Majesty, called upon them to surrender their arms,
conformably with the regulations of the English
Authorities, on entering one of the lonian Islands.
" Rather let us perish," said a voice, " by the
sword. of,Mahomet, than thus exist by permis-
sion of these unworthy Christians." The rest
followed this impulse, and they removed to
Candia. On their return, they found that their
countrymen weep engaged in preparing to make
head against an armament which the Albanians
had equipped to destroy their coasts; and, after
a resolution agreed to, during a Council of War
assembled at Makalas; they sallied' forth from
the Castles of Tekes and Playa, upon the coasts,
sending their women 'to Agrapha and Etolia,
while all men capable of bearing arms congre-
gated at St. Eliaot here they individually took a
solemn oath, before three Bishops, to de-
fend their country, to the very last man,
and their holy eause, against the enemies of
the Christian name. It was thus, therefore,
that towards the latter end of September
one ,Pacha was defeated, and retreated with pre-
cipitation to Arta. Another corps of considerable
strength which the Pacha had assembled at
Vonitza have marched upon Loutraki, for the
purpose of placing the Greeks between two fires.
The latter, after vanquishing the General-in;
Chief, directed their entire, force against the
second corps, which they pursued to the environs
of Vonitza, whence the Albanians set out after-
wards for Prevesa. - After these advantages, the
Suliote General (Marcos Bozaris) put himself at
the head of a' numerous body of Sullotes and
Acarnanians, and took the direction of Calarites.
It is supposed that his object is to possess him.
self of the defiles of Mount Pindus, in order to cut
off the Albanians from all communication with
Thessaly and Chourschid Pasha.—Omer Pasha,
it is added, has proposed an armistice of five
months to the Greeks.—(Le Constitutionned.)
FRANKFORT, N o v. 12.—(Extract of a Private
Letter.)—" There has been nothing but trouble
and alarm on the Exchange to-day. M. Roths-
child received last evening a courier, who, it is
supposed, came from Paris. Instantly the most
alarming reports were spread. Some said that
the French army had passed the Pyrenees, others
that the most striking diversity of opinion pre-
vailed at the Congress of Verma. What is cer-
tain is, that the courier brought an account
of the French Funds having fallen to S 7. It

may be easily imagined, that in such a state
of things M. Rothschild, the chief source of
all the reports in circulation, was assailed by
all the speculators, but he preserved the
greatest calmness, and shewed so much reserve
that even his most intimate friends could' not
learn a word from him. The news- we receive
from Congress are not
_so tranquillizing as is
wished by all the persons fatigued with political
agitations. It appears as if a very close union
did not prevail among the Cabinets. Among the
Ministers some entertain extreme opinions, and
some' are more moderate. The death of the
Marquess of Londonderry, which' causes very
lively regrets to some diplomatists, has -dis-
concerted many hopes and projects.—The
invi-
tation received by the King of Bavaria to send a
Plenipotentiary to the Congress, has excited con-
siderable attention. The report is already spread
that it was intended to modify the Constitu-
tion adopted in that country ; but it seems more
probable that the object is to treat of the indem-
nities which Bavaria claims in consequence of
having ceded to Austria territory for which
the Palatinate of the Rhine was promised in ex-
change. Bavaria receives a sum annually from.
Austria, as an equivalent for the number of
souls which it requires to complete its indemni-
ties; but Austria desires to get rid of a troublesome
obligation which weighs on its finances, and it- is
at Verona, it is said, where this affair is to be
determined. M. de Berstett, Minister of Baden,
has received from Prince Metternich assurances,
it is also said, that the indemnity shall not be at
the expellee of Baden. A deputation of the
Greek temporary Government is to repair to the
Congress. It has not disembarked, at Trieste,
as was said, but is at present -at ncona, per-
forming quarantine. It is a matter of curiosity
to conjecture whether or not it will receive,pass-
ports to go to Verona."—(Le Constitutionnel.)
TRIESTE, Nov. 2.—According to the latest ac-
counts from Corfu, of October 26, the Paella of
Arta has been completely beaten by Prince
Maurocordato.—Letters from Ancona of the
same date state, tmat a Deputation of the Central
Government of Morea, at the head of which was
the Count de Metaxa, bad arrived in that town.
They intend to go to the Congress ,of Verona,
to implore the protection of the Christian Mo-
narchs for the Greeks. It is not known whether
they will receive the requisite permission to enter
Verona, access. to which is very difficult at pre,
sent. As their quarantine has been reduced from
40 to 18 days, some people augur favourably
from this circumstance ; but it is generally
thought here the Greeks will not be allowed to
plead their cause, or to be represented at the
Congress.—(Courier Francais.) •

FROM THE SPANISH FRONTIERS.
-we have .received, the following Letter fiOth
Bourg-Madamc, (Eastern Pyrenees,), dated No-
vember 9 :

"laver has fallen into the power of Mina. The Army
of the Faith passed out at one gate at the moment the conque-
ror entered by the other. It is reported that the Governor of
this town has not done his duty ; some persons even go so far
as.to say that he has joined the enemy. The loss of Balaguer
ought not to be considered an important event. It was antici-
pated. The town is without fortifications, and surrounded only
by a single wall. It is remarkable only for its situation, which
is on the declivity of a mountain.

It is in consequence of this.event that the Regency has been
removed to Puycerda.—(Journal du Soir. )
SEo D'URGEL, Nov. still keeps his eye upon us.
His frequent changes Of position betray his hostile projects.
Having left a garrison at Calaf, he marched on Gramont,where
he has taken up a -position. Now that his intentions are ascer.,
tained, means are adopted to protect this place from a coup de

main.

- - -
ELECTION OF A BRIDGE-MASTER.

Yesterday a numerous Meeting of the Livery
took place at Guildhall, in consequence of a precept issued by
the Lord Mayor, for the Election of a Bridge-Master, in the
room of Mr. Thodey, deceased. .
The Hall being opened by the Town-crier. the Lord Mayor
and Aldermen proceeded to the Court of Aldermen, and the
Sheriffsyroceeded to the Election.
Mr. I.AVELL proposed Mr. Norton, as a fit and proper per-
son to perform the duties of the situation. He knew him to
be a respectable and honourable man- upwards of forty years,
and there were, independently of the former prosperous, and
the present adverse condition of his life, claim's, which would,
no doubt, have weight with the Livery. He had been twice
disappointed in his applications, one of which had nearly suc-
ceeded' when he yielded to the call for Mr. Thodey.
Mr.BttOOKS seconded the- nomination, in doing which he
stated, that he had known Mr. Norton upwards of thirty years,
and had the highest respect for his character.
Mr. CROWTHER stated, that he stood forward to put in no-
mination a person well known, and greatly esteemed by his
Fellow Citizens, Mr. Lewis Lewis. That Honourable Indi-
vidual had once been in circumstances which seemed calcu-
lated to challenge the freaks of fortune, but the circumstances
of the times, which had produced such general distress, visited
him heavily.
Mr. OLDHAM seconded the nomination of Mr. Lewis, who
had as Strong claims as any man could have to the situation.—
He had, in his early life,Nheen, in the most flattering circum-
stances, having been the proprietor of the New London Tavern,
and, to his fostering hand, many who were now enjoying the
sweets of prosperity owed the means of present enjoyment.—
His hand and heart were always open to the distressed, and 15
years of hid life he had devoted to the service of that Corpora-
tion, to which_ he now looked for assistance in the day of
calamity.
The next two Candidates were Mr. Aubrey and Mr. Shotter,
two very respectable men, whose characters were highly spoken
of by the Gentlemen who put them in nomination.
Mr. Mesnard, another Candidate, withdrew his name.
The homes having been put up, there appeared a great majo-
rity for Mr. Lewis. Mr. Norton also had a great shew. The
Sheriffs immediately declared, that the Election had fallen
upon Mr. Lewis. A poll was then, demanded upon the part
of the other Candidates, and commenced at half-past two'
o'clock. • •

Sunday evening, an old man, who has been
many 'years sweeping the crossing facing the
Mother Red Cap, at Camden Town, was run
over by a post-chaise, which was driving furiously
to town, the pole of which struck him in the

head, and fractured his skull so dreadfully, that
he expired shortly' after.

LAW 4NTELLIGENCE.

CoURT.'OF CHANCERY, 'Nov. 'l9.
BEIR-AND OTHERS V. WARD: _

The Court was occupied most part of this day in hearing ar-
guments against an application made. by the Sslicitor-General
on a former day, in the case of Beir and others against Ward,
for a new trial of an .issue to. determine whether the devisee,
.11r. Wm. Cotton, were or were not a lunatic.
His Lordship observed, that if the Court had been put-in
possession of the material facts which had been this day dis-
closed,- it certainly would never have directed the issue at all,
'but would have directed the estates to he given to the co-
heiresses, and then Mr. Ward might have proceeded to bring
his ejectment, and it would be now his-duty to make some or-
der as to the possession of those estates.

VICE-CHANCELLOR'S COURT, Nov. 18.
CHURCIIER'S COLLEGE, PETERSFIELD.

THE ATTOUNEV-GENERAL v. ilyt.ToN JOLLIFFE, ESQ.
'AND OTHERS.
• "(Continued Fiona yesterday's Srw.)
Mr. WETHERELL.—Now, with respect to the first point, to
which my attention is just directed, it will appear from the
books, that these Gentlemen were not named by the majority
of the Trusteei. 'lf they were not so named, every one of the
- existing seven, who has presumed to act as a Trustee, not being
actually named by the majority, is not a Trustee; and with
respect to all those, I should presume that they would stand be-
fore you: Honour as no longer Trustees. If all of- them turn
out to have been so named, there is no Trustee who can act.
VICE CHANCELLOP..—.Is that made a substantive part' of
the information ?
Mr. WETHERELL.—Yes,
VICE CHANCELLOR.—Do you pray to have it declared that
they were not dulyelected ?
Mr.GLYNN.—It charges as a distinct ground,that they were
not properly elected.
VICE CHANCELLOR.—What d 0 you pray—that it should
be declared that they were not duly elected.
Mr. SH‘ADWELL.—That the defendants may be removed
from being Trustees. . ,
VICE CHANCELLOR.—It doeS not_point to any irregularity
in the election.
Mr. HEALD.—There is a charge of that, and I had intend-
ed to confine myself to, that fact—that it appears upon the evi-
dence in the cause, as well as forming a charge in the Bill,
that all the Trustees have been improperly appointed; and al-
though there was an answer to be given as to , some from the
former suit, there WfrC two who have been appointed since.—
In 1806, Mr. Hylton Jolliffe filed an information as Relator
and he made Thomas Samuel Jolliffe the sole defendant. It
was then undoubtedly thought that the appointment was irre-
gular. It must have been so thought, because Mr. Hylton
Jolliffe, the Trustee, prayed by his Bill, and it was decreed
accordingly, that it should be referred to Mr. Ord, one
of the Masters of this Court, to appoint six new Trustees
to be added to the said defendant, Thomas Samuel
Jolliffe,, the surviving Trustee, whose appointment was of a
very ancient date—he was the .cotemporary of William
Jolliffe. The Master did appoint the persons to be Trustees
who had been named in the Bill. No other persons were car-
ried in, and then the Master appointed them ; and therefore
it did appear to me, that -whatever . objection might be -made
now to the appointment of Hylton Jolliffe, his original appoint-
ment and confirmation by this Court must have put an end to
that question ! but that.will not do-with respect to the illegal
appointments that have taken place since the order.
VICE-CHANCELLOR.—There are some that have beercap..
„.pointed since.?
Mr. HEALD.—Two at least. One appointed by two, and
ihe other by three, there being six Trustees at the time. The
Act and the Will are pretty nearly in the same terms, and
they say, that upon the death or resignation of a Trustee the
new Trustee shall be appointed by the surviving Trustees, or
the major part of them.
VICE-CHANCELT.OR.—WIIO are those two ?

HEArn.—John Twyford Jolliffe, whose appointment
took place in-11807, and the other appointment is the Reverend
Charles. Edward Twyford, whose appointment took place
'in 1814.
'Mr. Gr.vmm—Thomas 'Robert Jaffe also, who was ap-
pointed in the year 1815.
Mr. HEALD.—Oh yes, you are right; hut he was appoint-
td by the Major part, 1 think. Thomas Robert Jolliffe who
,was appointed in 1815, was appointed by four Trustees ; but
if any of those. Trustees had been illegally appointed them-
selves, that would effect his nomination. I have looked at the
actual number of Trustees who have appointed the other Gen-
tlemen—there-were-only three Trustees who appointed John
,Twyford Jolliffe. .
VICE-CHANCELLOR.— I have not. got the names you men-
tion. I ought to have the names of all the defendants.
Mr. HEALm..—Their names 'are Hylton Jolliffe, the Rev.
William John Jolliffe—they were the sons of William ;--then
comes Thomas Samuel Jolliffe, their untie, and his two sons,
"John Twyford Jolliffe, ,and the Rev. Robert Jolliffe ;—then'

-come the cousins, -Samuel Twyford, and Charles Edward
Twyford. Then there is the fact. of one living at a hun-
dred miles, and others at a great distance from the Charity.
'One cannot be surprised that the thing should be open to dis_
sentions in the town as to its being properly managed. John
Twyford Jolliffe is appointed upon the 23d of September'lBo7,
by three Trustees—those WC-2 Hylton Jolliffe, William John
•Jolliffe, his brother, and one Richard Eyles, who did-not find
. himself of the same family, and chose afterwards to retire.—
There are only three there, when the number of 'Trustees was
• full. That seems to be irregular. Then comes the Reverend
. Charles Edward Twyford. He was appointed in October 1814,
he is appointed by Hylton Jolliffe and Samuel Twyford, how
'that appointment can be supported Ido not know.;—to me it
seems quite unnecessary; to argue the case. Then conies the ap-
pointment of the Rev. Thos. Robert Jolliffe, the son of Thomas
'Samuel ; and he is appointed on the 19th of June 1815, by,
amongst others, Charles Edward Twyford. Now Charles
Edward Twyford could not elect him, if he had been impro-
perly appointed himself. The appointment was by Hylton
Jolliffe .Samuel Twyford, Charles Edward Twyford, and Wil-
liam John. Jolliffe, and therefore those three, it appears to me,
. are illegal appointments altogether.
• Mr. Hon NE.—As Counsel for the defendants, I cannot ob-
ject to an inquiry into this.
Mr. WETITERELE.—As to the attendance of the Trustees,
two of them admit they have never attended. One of them
Thomas Samuel Jolliffe, has been a Trustee during the whole
of this period of time. I have opened generally the outline of
the case; it is very far from my wish
VICE-CHANCELLOR—What do you say as to that part of
-the case, where you say that these Gentlemen have neglected
their duty, and left themanagement of the Charity to one mem-
ber of the family ?. What do you charge in your bill, and what
do you pray •
Mr. WETHERELL—They have admitted that they have
never-attended.

VICE-CHAN cELLoR—Read your charge, and then read the
• admission- which you confider as evidence.

Mr. WETHEREI.I..—" That the said defendant Thomas
" Sam.Jolliffe, never attended at any meeting of the said Trus-
" tees during a period of twenty-three years, that is to say, from
" the 12th of February, 1785, to the June, 1818."
Mr. Gr. YN.7--The admission in the last answer is in the words
of the information.
Mr. H or. NE.—" The defendant Thomas Samuel Jolliffe saith
"that at the time of his election, which was in the year 1769,'he
" resided at Petersfield, but that for the last twenty years,he has
" resided at Amerdown, in the county of Somerset, which is
" distant eighty miles from the borough."
Mr. WE Tit ERELE.—V;ese Trustees are filled up like what
we call burgage tenures, to which we give the nick-name of
Faggots. When a Trustee is to be appointed, a man's name is
put in who lives so far off' that he can never attend. That is the
thing complained of.
Mr. HORNE.—That is not to by supposed from what I have
read. He says that he resided when he was elected, within
seven miles of Petersfield.
Mr. WETHEMELL.—The first information filed here was in
1735, at the relation of -John Jolliffe -against the surviving
Trustees. Two Trustees retired in consequence of their living
in London, and being-unable to attend to their duty, a circum-
stance which shows, though-I
-do not say-they miie be resident
in Petersfield, that it has been understood that the persons to be
Trustees were those who could conveniently attend ; and that
circumstance among others I must say, ought to have impressed
more strongly upon these Gentlemen, the duty •of
.attending,
and not nominating persons who could not, mar would not
tend. I feel very unwilling upon any occasion—:— •
VICE-Ciramcm.Lon.—You have not yet read to me any
thing that proves that any one of these Trustees has neglected
to attend the Meetings of. the Trustees.
_ _

Mr. WE THE RE L L—The rules stated in the will are these,—

" to meet once a year and settle and audit the accounts," and
that they have not done. I do not find from the answer of these
Gentlemen that they, in any part of it state, that they ever did
meet. I do not find a single instance insisted upon by them af.i
a settlement of the general accountof, the TriateeS. There is
quite enough charged upon the Bill, to put Them upon proof of
that. There is a charge that the accounts have never been
:• settled and audited by the Trustees. There ,is also a charge
which applies to tho Trustees never meeting. I shall not oc-
-cupy your Honour's time further. I say these two branches of
misconduct appear to me to be made out—not from a single
fact but the general conduct and the whole purview of the case.
We say there has been that scut of inattention and misconduct,
aot mixing in . those imputations which I think are made out,

any of malversation which consists of taking money to their
own use. That is not insinuated. 'lt is not the sort of insinua-
tion upon which the case proceeds ; but that there has been a
,continued, stndied misconduct in all the instances I have men-
tioned, and when we recollect that these funds are now up-
•wards of 600/. a-year, and for many years past have been four
or five hundred pounds ; it does appear to me that this Institu-
tion might have beeninade subservient to public utility. I think
I may say there has been an abuie in the management of it
which ought to be continued no longer.
VICE-CHANCELLOR.—What have they done with the
funds ?

Mr. WETHERELL.—They have remained unproductive.
VICE-CHANCELLOR.—That is the fund in Court. What
have they done with the fund received?
Mr. HoßNE.—There is a schedule to our answer.

VICE-CHANCELLOR—In point of fact how has it been ex-
pended ?
Ur. HORNE.—Upon the Charity.
VICE-CHANCELLOR.—How?

Mr. SKIRROW.-1 will tell your Honour how the fund arose.
In 1745, your Honour will find that the fund consisted of
3,0001. Bank Stock, and 8001. South Sea Annuities, The in-
come from those two funds amounts to 482/. a-year. The ! in-
come from the South Sea Annuities would be 321. at four per
cent. ; the Bank Stock comes to 150/. that 'would, be 18`21.--
The funds became, in 1772, 3,300/. Bank Stock, and 800/.
South Sea Annuities, with an additional 200/., a saving made
by the Trustees. You will then find that the next acquisition
is made in the year 1806.
VICE-CHANCELLOR.—What was the whole income then ?
Mr. SKIRROW.—The whole income then became increased
upwards of 2001. a-year.
VICE-CHANCELLOR.—How much upwards?
Mr. SfiIRROW.—X279 and a traction. The Bank had in.
creased their dividend from seven to ten per cent. and the subse-
quent bonuses make it now 6001. a-year.. I shall slim your
Honour that these Trustees have done their duty most meri-
toriously to this Charity.
Mr. WETHERELL.—It will appear in ope!year, that there
were wo hoks added, but that does not keep pace with the fuuds of
this ill-managed charity, which now produce 6001. a year ; if
any boys-have been added, it is a worthy instance of what Mr.
Sitirrow calls capital good management ; but a little knowledge
in arithmetic would shew, that with all this bank litmus up to
600/., a little more might have been done than the admission of
two boys. My Learned Friend offers to demonstrate to me
something not very apparent.—l will not anticipate with. what
success he will shew the management of this Charity to have
been paaise-worthy ; hut I say that the whole res gesta shews,
not a personal misapplication of the money, but that supine
inattention of the Trustees, from which it is evident that the
administration of this Charity has been monopolized in this
family—that nothing has been done which ought to have been
done,— and that they have gone on, I do not say originating
departures from the trust, but continuing departures om this
trust, which they have 'had plenty of time to set right.—
And although I recognise a distinction in point of degree
between supine continuance under a breach of trust, and
more strongly illegal criminality, yet admitting that dis-
tinction, it does seem to me this is a case which, con-
sidering the magnitude of the funds, and all the circumstances
of it, calls fo,r some special interposii";;on of your Honour.
Upon the question whether these Trustees ought not to con-
tinue to act—those who have been illegally appointed, cannot
continue to act ; and if this family party have been united on
purpose that strangers should not be admitted, mid that no eye
should cast itself over these accounts, and that they should have
no opportunity of seeing what these Trustees themselves have
not seen, and that the management of the Charity should be
kept secret in this family—it does seem to me a studiousness of
mal-administration sufficient to call from your Honour some di-
rection, that even now the management should not be where it
is. When the Report is made up on all these subjects, your
Honour will judge whether, although continuing a breach
of trust and beginning a breach of trust is a distinction which
I am bound to recognise, and which I do recognise—there has
not been a supine. inattention and mismanagement requiring
the dismissal of these Trustees. But, in the mean time, 1 do
ask that some direction may be given, that some persons, other
than the members of this family, respectable I admit, may
have a share in the administration of this Institution,

Mr. HkArm.-:-I shall not trouble your Honour at any great
length, as I have already taken the liberty of submitting my
view of the point on which I had intended to address your Ho-
nour ; namely, the irregular appointment of the defendants as
Trustees, which; as I conceive, renders their removal unavoid-
able. This seemed tome to ,be so clearly made out that I con-
ceived my
.duty was very short; and after what has fallen from
your Honour, and my Learned Friend, it has become much
shorter.

I shall now only submit to your Honour's consideration, a
very few observations on the balance of 1,6501. due from the
late Treasurer, Mr.. William Jol'hie, and unpaid by his suc-
cessor and Executor, and on the sum of 1,5001. which was al-
lowed to'remain in:productive in. the hands of the Accountant-
General; for although it is true they have appointed a Trea-
surer, the question is, whether that can exonerate them
from investigating' the accounts and acting as if there was no
Treasurer. •
In the Act your Honour has referred to, we do not find a
word about the appointment of a Treasurer. It is entirely a
new office. Formerly the Trustees (lid not confide the ma-
nagement of the Institution and its funds to any single individual,
but all actively and diligently fulfilled the duties of their office ;
and as the appointment of a Treasurer is not •by any autho-
rity, it cannot now, I conceive, exonerate them from looking
into the accounts, or relieve theni from any consequences of
negligence in that respect.
In 1803, I find this entry in the book kept by the Trustees,
which I .will read :

" Saturday, sth Feb. 1803.
" We, the undersigned, being the major part of the Trustees
" of Churcher's College, in pursuance of an Act of Parliament
"tor regulating and making •more effectual certain Charities
" given by the 'Will of Richard Churcher, deceased, for the.use
" and benefit of the Town and Borough of Petetsfield, in the
" County of Southampton, Do nominate and make choice of
" Hylton Joiliffe,,Esq. to be Treasurer for the said Charity, in
" the room of William Jolliffe, Esq., deceased : And we do
" further order and appoint the said Hylton Jolliffe, Esq. to,
" receive the balance.due from the said William Jolliffe, Esq.•
" to the said Charity, and to be accountable for the same.
Now I read this entry to shew, that Hylton Jolliffe, when he
was appointed Treasurer was 'directed to pay the balance due
from his father, amounting to 1600/. exclusive of interest, from the
year 1803 down to the present day; and that not being paid, seems
to be something more than mere neglect on the part of the Trus-
tees ; it is the result of the system which has been pursued
with regard to this Charity. If they_ had not been all relations,
which they admit they arc, they would not have-placed that
confidence m each other. I do not impute to this family any
wilful misconduct, arising from improper motives. It arises
from neglect—they seem to have taken for granted that HE
would pay that sum-4e has taken for granted, that the COI-
- li and was sufficient—he has not paid it; and that
is the mildest view I can take of it. That these Trus-
tees have not called upcin• him, is enough for the Court
to direct the removal of them : the question is not the motive
of this neglect of their duty, or whether they have wil-
fully misconducted themselves, or whether they have
ap-
plied any part of this money to their own use—that is not.
charged. The fund itself is not large enough for it, and I can-
' not suppose that, any sum is large enough • for it ; but we look'
to the Trustees without any reference to their names, and see.
whether they have conducted themselves in such a manner as
Trustees ought to conduct themselves. From the year 1803
down to the time of. the filing this information, not a word is
said as'tO the Settlement of this account. It is said, indeed,
that funds are forthcoming, and that it will be accounted for,
with interest perhaps ; but that does not answer what the Court
requires. These two• facts, therefore, with respect to these
two sums are what I mean to' trouble your Honour upon ; but
we conceive that the circumstance of not investing the one
thousand five hundred ponnds iu the Accountant General's hands
because they did not know of it, is but a bad excuse in a Court of
Equity. It was within their power to know it.-We do not im-
pute any corrupt motive, and I have taken pains to say that—
but we say that they have been negligent. "If they had made
the inquiry which every Executor aneTrustee ought to make,
and which lie would be answerable in costs for in this Court if
lie did not make, the sum of 500/. which, by the accumulation .
of the dividends, afterwards amounted to upwards of 1500/.,
.would not have remained unproductive from 1806 until after
the institution of this suit in‘lBlB. All these things certainly
do make out a case of negligent conduct. Ido not wish to state
it higher. That they have been guilty of negligent conduct, and
although they may attempt to justfy themselves upon the
ground of not knowing, it cannot avail them, as the Court has
been in the habit of removing Trustees upon that ground and
that ground only—that of gross neglect from time to time. I
therefore submit to your Honour that ALL the Trustees should
be removed, but particularly those who have been illegally ap-
pointed,-and that upon all the other points there must be a re-
ference to the Master. •

Mr. GLYNN—I shall not address your Honour upon those
points as to which you have directed an iuquiry by the Master,
but submit to your Honour some observations upon some other
points, which ought also to form a ground of consideration on
the part of the Master.
Sir, unquestionably, we do not impute to these Trustees any
corrupt motive, bat, in order to lay the foundation for saying,
that it is not fit they gliould be continued as Trustees, I appre-
hend we are not bound to s:lew, that there has been corruption
on the part of the Trustees, but that neglect of duty, that want
of care in the management of the funds, and that want of care
in the due administration of the trust, by which the Charity has
been materially prejudiced. I apprehepd, that it will be sufg-

dent for the retroval of Trustees if that be shewn. For this
purpose, the Court' will permit me to advert to the funds in the
hands of the Acountant-General ; for though it may be said,
it is a singular instance, in which imputation is cast upon Trus-
tees, that they have not received what is due to the estate, 1 ap-
prehend it is a ?art of the case which we are intitled to make
either as a grousd of removal, or as a ground to chew, that there
have been balances not received. Looking into the state of the
balances, it is impossible not to advert to the strange nature of
the informationwhich was filed in 1896. What was it ? It
appears that, at that time, there were seven Trustees—five
acting Trustees licsideS Mr. Hylton Jolliffe the then Relator,
and the defendtnt, Mr. Thomas Samuel Jolliffe. That infor-
mation is filed a; the relation of Mr. Ilylton Jolliffe, upon an
allegation that Mr. Thomas Samuel Jolliffe is the tole Trus-,
tee ; for that is the ground upon which the relief is sought ;
namely, for six Trustees to be added to Mr. Samuel Jolliffe.—
Whatever might be the motive of such an information being
filed, whether for the purpose of preventing other persons
coming with an information to the Court, or for any other pur-
pose, I pretend not to say; but ,it was founded upon a wholly
untrue allegation, there being at the time seven Trustees, the
whole numhei was complete. Mr. Hylton Jolliffe stand-
ing before the Court as a disinterested person, lie being a
Trustee and Treasurer, yet he filed that information for
a reference s? the Master to appoint six fresh Trus-
tees, with 3.17. Samuel Jolliffb, who declined to elect new
ones,. as he considered he could not do so by the Act of
Parliament. I subinit that that was t very singular informa-
tion to file, when there were already seven Trustees, and at the
time when this balance was said to be due from Mr. William
Jolliffe,, and wnidi still remains due, and admitted to be so to
a certain extert and 'when there was a considerable balance
even remaining in the hands of Mr. Ilylton Jolliffe. Yet that
information mver prays any account of that which was so due '
by Mr. Hylton Jolliffe, the relator, but treats it all, as if all
the balances were quite correct, as if nothing were due, and
nothing
,to be received by the Charity, and calls upon the
Court to appoint six new Trustees. With such an informa-
tion, the funds are transferred to the Accountant-General, and
a reference is made to the Master to approve of six other Trus-
tees. Now it does not appear what was further done under
that information—probably, as Mr. Hylton Jolliffe was the re-
lator,
he would get the other persons,with Mr. Thomas Samuel
Jolliffe, together with himself, appointed Trustees ; but it was
suppressed that there were these existing T rustees, who had
acted as such, and the subject of these balances was not men-
tioned.

.VicE-CHANCELLOR.--Pray, Mr. Glynn, what was the in-
tention of that information. I take it for granted, that you know
that the election of these six Trustees had been wholly irregu-
lar, and that they were not in truth Trustees, and that it was
impossible to make a regular choice of TrusteA under that Act
of Parliament, without the authority of the Court. Therefore,
Mr. Joint& most properly filed that information, to have the
trust filled up by the authority of the coart.

Mr. GLY.i.rx.'—lf that was the object of the relator in filing
the information, he ought to have stated to the Court that
there were at that time those Trustees acting, which fact was
entirely suppressed.,

VicE-CHA.N9Eti.con.—There would have been no harm in
acknowledging. they had been acting under 'a mistake, and
there could not ..be any others appointed except by the autho-
rity of the Court. There was nothing criminal in not stating
to the Court that fan; foi we must not, Mr. Glynn, shut our
eyes to the real nature of the case: There could be no possible
motive for the application to the Court, but that the trust might
be , filled up properly under the Act of Parliament; therefore
we must not throw a cloud over the facts as if there were some
mystery about them. There could be nothing but a proper
motive for the filing of that information.

Mr. GLYNN.—But still I think it would have made a differ
ence, if th at circumstance had been mentioned to the Master. But
notwithstanding the bonus was given bY•the Bank at that time,
and the interest on Bank Stock was increased from 7 to 10 per
cent., they did not receive the whole'amount of dividends, but
left a large balance totally unproductive, which furnishes .us,
as we submit, with a ground for contending, that on their part
they have been guilty of gross negligence. Notice had been
given them by their bankers, Messrs. llammersleys, as appears
from an entry in their proceedings, ofa bonus which had been
added to the Bank Stock, and, the amount of dividends, yet still
they took no steps to,avail themselves of this-i-acrease of funds,
or to invest the large balance in the handS of the Accountant-
General, by which negligence a considerable loss, we submit,
has been sustained by the Charity. Then,-.with regard to the
balance in the hands of Mr. William4olliffe-

VICE-CITANCELLOR.—Can I do more for you upon that
than I have already stated ? •
Mr. GLYNN.—Ypur Honour sees that at the time that Mr.
Hylton Jolliffe is appointed Treasurer, an order is actually
made upon him by the other Trustees, and of which he' is cog-
nizant, for we have proof of that fact,--an order was made-upon
him in 1803 to pay that balance, he having received it from him-
self as executor. Now your Honour sees,in the twofold character
which he sustained of debtor as executor, and•creditor as Trea-
surer, it was his duty to retain that out of the assets of Mr. W.
Jolliffe. He swears, however, that there were not sufficient
assets ; but I submit it was his duty to retain any assets which
came into his ban& from his father's estate for that purpose.
He ought, I submit to your Honour, to have retaiucd that sum
out of the assets in his hands.

VICE-CHANCELLOP,--Dd you mean to contend, Mr.
Glynn, that he ought to - have retained that sum out of the
assets which might come. into his hands, fbr the payment of
this balance, in priority to any other creditor ?
Mr. HonNE.-.--My Learned Friend knows very well. that
the Gentleman tq whom he has alluded died insolvent.
VICE-CHANCELLOR.—I ask Mr:Glynn, upon his own ar-
gument, whether he means-to contend here, that Mr. Hylton
Jolliffe, who„:after his father's death, became Treasurer, of this
Charity, could, as executor to his father, in priority to any
other creditor, retain out of the; assets, satisfaction of this
deed ?

Mr. CtLYNN.--:No' but having notice of this being due, he
oukit to have applied the assets to that•debt.
ICE-CHANCELLOR.—He ought to have done his duty as
Executor, and to have applied the assets equally. For what
other creditor could he; or ought he, to have retained the assets?
But because he became, by virtue of his capacity as Trustee,
the person to receive the debt, you contend that he ought to
have given priority to this debt which was due to the Charity.
Mr. WETHERELL.—I am told that the Will of Mr. Wm.
Jolliffe was proved under lq,oo/.
VICE-CHANCELLOR.—That was a fact, which I confess,
Mr. Wetherell, startled me 'in the outset, when I heard the
pleadings opened, and I then stated, that you were•entitled to
an inquiry, what was the balance due from Mr. William
Jolliffe to Mr. Hylton Jolliffe on account of the Charity, and
whether his Son possessed assets -sufficient to satisfy the debt,
or any and what part of it. If so, it was his duty to have de-
tained it; but if the fact turnout, that the father, Mr. William
Jaffe,. died insolvent, if there was nothing to pay, it follows
of course that there was nothing to receive.
Mr. GLYNN.—He offers to pay it.
Mr. HORNE.-Yes, subject to the assets; take it as you
find it:

Mr. GLYNX.—There is another point which has been sug-
gested by .Mr. Wetherell, upon which I think, we are entitled
to an inquiry—that is, that unqualified boys have been admit-
ted in this school. Ido not mean merely at a late time, but
even now, there are some boys iu the school of that description,
and, I have reason to believe, other boys also, who are not chil-
dren of poisons inhabitants of Petersfield. Unquestionably,
it was sworn that that was done ignorantly ; but still, I think,
that circumstance furnishes a strong argument to shew, that
these Gentlemen were negligent in the discharge of their trust;
and that they did not make those inquiries which would have en-
abled them to ascertain, whether the children so admitted did
belong or did not belong to Petersfield.
On the qualification of the Trustees, I apprehend it is not
necessary to say any thing. I apprehend that th, majority of
them, not being residents, were not properly appointed. With
regard to some of the Trustees, it is admitted, that three of them
have resided, as it is sworn,, eighty miles from the place-.the
other two Mr. Jolliffes forty miles, leaving only two residing
within any moderate distance, to perform the duties of the trust;
and with regard to those two, we have the conseqUence following,
,which might be expected, that they scarcely attended at all. It
is alleged that Mr. Thomas Samuel Jolliffe, the uncle, never
attended any meeting of the Trustees from the 12th of Feb-
ruary, 1785, to the 19th of June, 181f1, that is for the space of
thirty-three years, though filling_up the place of a more efficient
Trustee, he bas never attended during that time, and the other
never attended at all !-

VIOL-CiraxcELLon.—Where does that appear ?
Mr.GLyNN.—Your Honour will find it stated, that from the
time of his being nominated in 1807,until the month of Decein-
ber 1818,1 e has never attended!
Mr. WETHERELL—That is John Twyford Jolliffe.
Mr.G LYNN.—From the time ofhis being nominated in 1807
until the month of December 1818.
Vicr-CiralicELLon.—And from 1785 Samuel Jolliffe?

Mr. GLwacx.—He was appointed afrrustee in 1769.

Mr. WE THE nE was the oldest Trustee.

Mr. GLywx.—That down to this period, 1818, he never at-
tended at all, and the other Trustee has never attended from
the very time of his nomination down to the time mentioned in
the information. _ _ _

VICE-CHANCELLOR.--DO you admit, Mr. Home, that
Thomas• Samuel Jollia has not attended for thirty-five years.
Mr. HonNE.—Never personally—there have been commu-
nications, but never personally. I beg to assure your Honour
that I do not object to any inquiry you may think proper to
direct.

Mr. WE TII ERE L L.-It appears that the two whom•l•have

taken the liberty to call the faggots of this trust have—the one
did not attend to all, and the other not for thirty-five years.
Mr.HORNE.—You have assumed, by the construction of the
Act of Parliament, that the Trustees should be Residents.
Mr. \VETItERELL.—I have said just otherwise, Mr. Home.
I said that neither the Will nor the Act of Parliament directed
that Residents only should be selected ; but it appears by the
history of the Charity, which the Trustees do not wish to go
into, that in consequence of the information filed in 1732 by
Mr. Willes, when Attorney-General, that two Gentlemen re-
tired from the office in consequence of that suggestion.
VICE-CHM/CELT, ou.—From what time does Mr. Thomas
Samuel Jaffe say lie has not attended.
Mr. SKIRROW.—From 1785 down to 1818.
VICE-CllANcELLon.—What has he done since then ?
Mr. Siclnnow.—l believe he has attended since that time.
VICE-CuAxcELLoit.—M'hich is the other ?
Mr. GLYNN.—Mr. John Twyford Jolliffe : he is related to
the other.

VICE-CHANCELLOR.—When was he elected ?
Mr. GLYNN.—In 1807. • •
VICE-CHANcgm.on.—What does he say in his answer,
Mr. Glynn ?
Mr. Gz.vmx.—He never attended or was present at any meet-
ing of the Trustees.
Mr. SHADWEI.L.—We have no objection to an inquiry.
Mr. GLYNN.—They have admitted, that for 33 years, down
to 1818, he has not attended any of the meetings of the Trustees.
Mr. HORNE.—I do not object to any inquiry your Honour
may think proper to direct.
Mr. GLYNN.—The Court, I hope will think, that the non-
attendance of these Defendants furnishes a strong argument in
our favour, not meaning to impute corrupt motives to these
Gentlemen.

VICE-CHANCELLOR.—Mr. Horne, It is not necessary to
trouble you. I shall direct certain inquires, and you will have
the' goodness to suggest whether you have any objection to the
inquiries I propose to have instituted.
It is undimbtedly the duty of this Court, -whenever it is im-
puted to Trustees for charitable purposes that they have em-
ployed themselves in the execution of that office from corrupt
motives, either with respect to the property of the Charity, or
to the authority and influence which they enjoy as Trustees of
that Charity, to listen to
On thecomplaint with a most jealous at-
tention. the other hand, if it is imputed to such Trustees,
that they have not used the property of the Charity, or the in-
fluence derived from their situation as Trustees, for corrupt
purposes, but have failed in some regularities, in some of the
rules and orders which belong to the Charity, through mere
error—l say, through mere error—it is the duty of the Court
to listen to the complaint with great attention, and with great
moderation ; and, instead- of visiting such persons, either
with reflections, or consequences to affect their characters in the
world, as far as it can, to protect them.
The greater part of the complaints made.upon this informa-
tion are entirely of the latter description. It is not imputed to
any person' concerned with this Charity, that lie has used the
property or power of the Charity with any corrupt motive.
state this with one single exception, and that exception un-
doubtedly is a very important one.—,lt is answered, in point of
fact, by the,oath of the party; but those who have filed the In-
formation have a right to have the fact tried—not by the oath
of the party charged, but by such an examination asshall prove
or disprove the truth of the charge. It will be easily antici-
pated, that the charge to which I refer is, the chargetnade upon
Mr. Hylton Jolliffe--a person filling a respectable situation
in life—a person of great property, and who, in 1803, succeeds
to that property upon the death of his father. His father,
living in or near Petersfield, had been an active member
among the Trustees of this Charity. He had been what is
is 'called, in' the course of these proceedings, Treasurer—cer-
tainly an office unknown to the intention of the original
founder, as undoubtedly it 48 unknown to the Act of Parlia-1
ment which passed at a later period for the purpose of regu-
lating the objects of the Charity ; but still an office, that very
properly grew out of the administration of its trusts. This
property. was property wholly vested in the public funds, and
probably it was vested in the names of the whole of the Trus-
tees. Each, therefore, of the Trustees was competent to re-
ceive what was due from the property so vested, so that any
single person, acting as one of the Trustees, under such circum-
stances might receive the dividends. Now to obviate any
inconvenience arising from the number of persons, in whose
names the property was vested, a particular Trustee was nomi-
nated to receive the income.of the Charity, and he is called
Treasurer, and that is the whole amount of the office. From
1803, Mr. Hylton Jolliffe, succeeding his father, lie became a
Trustee, and that Trustee who received the dividends—and,
in that character, the name of Treasurer—As Treasurer, it was
his undoubted duty to ,inquire whether any and what balance
was due from his father, the preceding Treasurer. It was his
bounden duty so to do. There would have been no difficulty
for him to have ascertained that such a. balance was due, or
.probably what the exact amount of the balance was ; for I
take this for granted, that there would be found on the books
of this Charity certain settlements, which would have dis-
closed what the actual balance was that was due from Sir.
Jolliffe at the tine of his death to the Charity estate.
Now Illr. Hylton Jolliffe, filling the character of this Trustee,
was bound to have forced the payment of the sum thus due
from his father's estate.—Buthe filled a double character, not
only being Treasurer to this Charity, and thereby bound to
receive the sums due from his -father's estate, but alsoihat
of executor to his father's estate. In that character, having
the distribution of that estate, he ought, if lie possessed assets,
to have paid what was due to the Charity to himself.
It is charged in this information, that there being a large ba-
lance of 1,6501. due to this Charity from the father, his son the
executor and Treasurer, instead of performing his duty to the
Charity by paying that sum, never took any notice of such ba-
lance being due,; and from that time, namely 1803, down to
' the filing of this information inlBlB, never did call for or pay
a single shilling of that sum so due to the Charity, lie being
the person to call for and to pay it. Now, if the tact was so,
that Sir. Hylton Jolliffe did possess property of his father, out
of which lie could have paid the debt so due by his father to
the Charity estate, and which he did not, it would be my duty
to say here, notwithstanding the respectable situation which
he fills, and that very honourable character which he has
hitherto maintained, that lie has failed in his duty to the
Charity, and that I can no longer permit him to remain one of
those persons who is to protect its interests anti administer its
property. Mr. Jolliffe is called upon to answer -this charge, .
and he alleges upon his oath and admits, that this balance, as
there stated, or some very considerable balance, was due to this
Charity,—stating, at the same time, that he has never retained
on the part of the Charity one single shilling. Admitting that
fact, he says he has had nothing to retain—my father, lie says,
died insolvent—As his executor, I never possessed one single
shilling, which could be applied to the purposes of this Charity,
and therefore ho imputation falls upon me for not retaining that .
which I had not.

Now, whatever may be the private impression which the
oath of this Gentleman may make upon my mind, that impres-
sion cannot conclude this question. They who filed this in-
formation have a right to have this fact established or nega-
tived, not merely by the oath of the party charged, but they
have a right to call upon me to send it to the Master, which I
must do, to inquire whether Mr. William Jolliffe died in-
debted to this Charity, in any and what sum, and I must send
to the Master a further inquiry whether Mr. Hylton Jolliffe,
his son and executor, did possess assets of the father appli-
cable to the payment of the debt, or to any and what part of
that debt. When I have an answer to that inquiry, then will
be the time to consider whether,this part of the information
makes it the duty of the Court to remove' him from this trust.
It is said, if this fact be true, that it is not only this Gentleman
who ought to be removed from his office, in respect of this charge,
but that the other Trustees ought to be removed also; for it is
contended, that the other Trustees were cognizant of the fact,
and partook of the guilty negligence of Mr. Jolliffe in not see-
ing that the money was paid ; anti so, participating in that
guilty negligence, they.are not persons proper to be concerned
in the administration of the trust. It is not necessary, however,
for me at this time to dispose of that question. if the Report
-of the Master should fix Mr. Hylton Jolliffe with any part of
the imputation this information makes upon him,-undoubtedly
it will then be the time to .consider how far that imputation is
to be shared by the other persons mentioned on the record with
Mr. Hylton Jolliffe, namely, on account of their being cog-
nizable of the criminal neglect Of that Gentleman. The whole
of this part of the Case, however, must remain undisposed of,
.until the Master's Report raises the fact on which the Court
must proceed.

With the exception of that single fact, there is nothing that
imputes corruption to these Gentlemen; but there is a great
deal in the information which imputes irregularity. It is said,
that by the will of the Founder the boys to be educated in this
-school should be furnished with clothing and board and lodg-
ing, whereas in the present administration of the Charity, and
for many years, it is said, the boys have not been boarded and
lodged, and, as I believe, for I hardly collected from the state..
ment whether they have been clothed or nut
Mr. HORNE.—They have been clothed.
VICE-CHANCELLOR.—The charge is, that though directed
to be boarded and lodged, it has not been so done, and though it
is not imputed that that has not been done from any corrupt
motive, still it is said, this is a degree of negligence,in the per-
formance of their duties, which renders them unfit to remain
Trustees. To this charge they make this answer, that the funds
of the Charity were totapy inadequate to the clothing and
lodging of these boys. They say, we have duly administered
every shilling received for the purposes of this Charity—we
have not been able to board them, our funds not being able to
meet the expence. It is very true there have been boarders in
the house, but they have not been boarded at the expence of
the Charity, but at the personal expellee of the parents,of the
children; ancl.we have..considered, as our predecessors did (for.

siaelea
it is not pretended this is a new practice), we have con a.
of we
that it ,was extremely beneficial for the purposes the
Charity, as intended by the will of the Founder,
that
of
Master should receive boarders, because the salaarr of
forty pounds a year, which is provided by the tvLA
the Founder, as must bo quite obvious, is totally
the iham.„,
quate for the support of a person qualified to give
v red
struction required. Therefore as the sum which
was inadequate to provide a suitable Master, it was thought tlioallug°hta.
fit thing by us and by our predecessors, to let the Master increak:
his income of that sum of 40!. per annum, by granting hialPdeeta
mission to receive boarders into this house, which was intended
for the boarding and lodging of the charity-boys, but who could
not be boarded for want of funds. Permission was given tort -_
ceivc other boys, that by the profit arising from the receipt of
these boarders,,we might be able to support an adequate illastr
o
for the education of the children. This is the statement made
upon oath.—ln this respect the have
appears have followed the ex-
ample of their predecessrs, and
to me that
thus following the example of their predecessors, taking tis
re
facts to be as stated, they have exercised a sound discretion. It.
obvious, that 40!. a-year is a sum not sufficient to ulsiatallie,„
a Master, and they have resorted to those means, which are r
sorted to by all the great Charities of this description in this
kingdom, and which by so doing, have distinguished n
country with respect to these Institutions from every other.
country on the Continent of Europe. This, therefore, fain,
no matter of imputation._

~e

With respect to the scheme, which the Master will apPov_e's
for I insist send it to the Master under the present circumstan "
property has increased from 182/ a-year to 6001.
Therefore, I must call the attention. of the Master to the rt.,
of this Charity, for since the date of the Act in Parliament, the
sent state of the Funds, to approve of a scheme by Ivll'i.;
the present income of six hundred pounds a-year maYder,
so applied, as best to answer the intention of thened.er
It will be a part of the inquiry to have it considered, w'lrdas'
it is possible to board any number of boys, or whether board
shall be permitted only for the profit of the Master. That wfc
be a part of the scheme to which the attention of the Mast
will be directed, and his discretion will be guided by wbatnare
be stated by vll the parties in this suit ; for, I believe there a
none of the parties now before the Court who do not des'Areif
beneficial administration of the Funds of this Charity ; anu.cb
all do so, they will equally concur in giving the
information as is within their power, having regard t° rdie
of population which belongs to this town of Peterstield,
ur-
purpose of enabling him to carry into effect the charitable P
poses which the original Founder had in contemplation. t
.a al°
There are other irregularities complained of. It is said. is
forty years ago, Ido not profess to be very correct in ber
oftdae, but about forty years ah,,o, Mr. John Jolliffe a 31„''tbe
this family, died, and he died indebted to the Charity leer;
sum of 1691. It has been stated that that sum has oeverity
paid to the Charity, and that it ought to be paid to the Charlog
with the accumulation of interest from that time. 31i• 'll°o•'`
Samuel Jolliffe, the aged Gentleman referred to, has he 11..
Trustee from 1769 ; it seems he was the executor of thisrii of
Jolliffe, his father, and he swears that so far from this stg:pr'
169/.,. the balance admitted to be due at the time aids fa v he
death, being still due to the Charity estate, lie states ttrer
paid it himself to Mr. William JoLliffe,the sucCeeding Tre3.• no-
to the Charity. I must assume that the debt, there
Pre-
thing said to the contrary, has been duly paid ;_but it is rgustrive
sumption merely on the part of the Court, for there is a P°ditt°
statement of it on oath, and I cannot hesitate to give full e,.ier
Masteressvort
it. The Charity will have the benefit of this statement iv
Thomas Samuel Jolliffe.—
e case'
Mr. NVETIIERELL.—I did not open that part of tho
We do not charge that the balance due on the death
John Jolliffe was not paid by his executor to his successor•
et
VICE-CHANCELLOR.—No, you did not; but I tilivt to
arc rather intitled to some relief upon this point, though that
the whole extent of that which you seek, what you Pray is, that
a large suns may be paid in respect of this debt and
that I cannot do for you, but the oath of Mr. Thomas ric to
Jolliffe may induce the Master, must induce the 11185 St
believe that William Jolliffe did receive this moneYq:°,r;
taking the account of the estate of Mr. William Jou. fled at*
twhiills shuamveonfpaid to 10.01
rliogi,lis.t,tothiencsruemasestathteedbtaloahnacveeabitst lsins
l'ivria
that way, the Charity will have the full benefit of that at
balance due from Mr. John Jolliffe.
1 reheat
There is another irregularity, on which I can only sofee
the observation I have already made..—;l Mr. Trill-min:at
he
few years since was appointed Master. It is state" s;
was a person whose conduct was not consistent with his tasty
schoolmaster, and for that reason that the Trustees red totlie
him. It is stated, that upon his removal, he was redtweation
utmost poverty; and they admit that, from a mere anent
the misery of this man, they did recommend to the pres.c.-0131,
ter of the school, his successor, that he should out Of IPbc,l frt)°,.
it being only 40/. a-year, the other profits being deris,sioa for
scholars who were boarders, make some little iii°;;J
this miserable man, to whose situation he was appeui',"ol3v;:
the present Master, Mr. Dusautoy, under that reeoolll,:ng he e';.;
not considering himself bound to do it, positively s worpo
tered into no engagement that could bind him, that it v.-ca,froo.
of the stipulation, positively swearing that he was inag,,ci, a Year.
motives of feeling only, to pay to this miserable man
I concur that that recommendation was irreLTl3r;eus
Trustees, although it was matter of feeling
though there is no imputation upon them, 9r itthcChi"
right to indulge those feelings at the expencc °fyear seas
i
rity ; and, if they thought the ,giving of this 01* Zthey
calculated to save this man from the bitterest distr-destined by
no right to do it out of those funds, which were ;,.,daritY;s
the founder to other purposes. But it is not an lririlt perso-,
that character to induce a Court of Justice to say, t" octee`'.
who should be carried away by their feelin,s
should not continue in the administration ofPthe trust'
Charity. eta
nOt
Another irregularity is of a very old date—f do
lect it precisely—but it appears that a layman was aP., oder
the °
many years ago Master of this School, the will 0. 30,
and the Act both requiring. that there should be a 143'
and not an Ecclesiastical Master. to this.
of

ocatiesn'tli'llTril-''s'
hvl
ir
c.,
ENV.:
ct Ee
ieTI
sAnNfEr
conmEELL:o— R
between_ll
Tr .
lia Robert
It7pB,ters
aonn d,Steele.
R
reside at Winchester, and instead of appo ~,,,i,„ Ivent!tc:
master to succeed him who must have been a Atst 11'
the Tru
name as the nominal schoolmaster but did in tra folirro
point a clergyman, of the name' of Cookson, wi'‘Plastet'
considerable time, actually performed the duty of sew° neaol•
Whatever irregularity there was in that respect, nottcicil he
theyi. wlyt
fai
osrresdaai
jldi
0,
loil
Lif
,ti:wn, we
yalookimtoant oy
j_t
01
family—the
i lely.actual.e ,a or
I agree that it was an irregularity, but it does to fiorg
conduct of the present Trustees, and therefore for the 13'4'
of this information I have nothing to do with that. 0:04'
lion7bti9cr6rltgSaL;;;r:
scyribaar.,
ufallitleg
connected whh that family; for they are all named There
fore, this trust; it is said., has not the' advantage of suchoat,
tees as the Founder meant, or the Act of Parliament ',,,ere
when seven Trustees were provided. Seven Trasteta Ole
provided, in order that their viilance might be direcy", /veto'
interest of this Charity ; but here all the Trustees beit%,,,ogy
hers of one family, in truth have committed the wll9l"lititt
ment of the Charity estate to the head of the flundY ;,:a sinPeo
in fact it is but a nomination under different names faintly;,
Nion,f
Trustee. Now, when that was stated to me, I wa3 fact; f°l' le
know whether there was evidence to support that_a goil
the Trustees were all named out of the SaMC famiy, "
• of the family, who becomes thereby the only actir,4,'apoa
thought no imputation was to be cast upon him, he tuticateti2;
no attention to the duties of their office, but left it trci)at„,ll..e lloile,
phliamteda.n
tofficereqwultiircedh tsleilysenAcTt
roufstePeas,rliaaneintht
enecve,oirielfrteitte,otttlititi:e
intention of the law, and embody the
never permit that any one Gentleman should
rs ot ~
trust in his own person. I called for evidence of the taw'ho ha!
stated that Mr. Thomas Samuel Jolliffe, 3 gentleMan' actea f:
been a Trustee since 1769, for thirty years has nove,r„ of di,*
a Trustee—now 1 think he cannot within the inoV7'ilst no",
make an order to that effect, unless, as
Act of Parliament, be continued as a Trustee. 1-, win, t',
er
se'orimiruheearsteuJeschololifffetsl),e earl)
save the Court any declaration to that effect, pr [pull _stoc37
b cxtrera
gentleman of such advanced age, under all the wee In
he will tender his resignation ; and it would
be consent
~
agreeable to me, that I should have to state
that
order to tb,
to retire, rather than be compelled to make an
effect.
Mr. HORNE.—Certainly, Sir, he will retire. „oirit
'should °PK tiler
VICE-CHANCELLOR.—Then the Master
trnent till Ns .r,„
new Trustee in his place, suspending the 1
a litnthers are to I); , t 0
directions are given in this cause ; for if tle , resent. kip
msaiodveadn,
ondol
enr eaweanpapeomhitroefn ttshecannatanik:
opflajcno Ilan' i, wyford 0
Mr. HEALD.—A cousin of one of the Jolliffe's, and
ffe ly:14
We was elected a Trustee, a brother, I believe. a son 0`
Mr. Thomas Samuel Jolliffe. • whiewiloeroo:;i7yebtrini:
ford Join
as 0
VICE.CHANCELLOR.—This Mr. John
elected in the year 1807, and it is said
Trustee since his Election in nttend it air- That
I req
,_ Tw:'er bas acte6re ti til
ue never
t°ll3:res-tillat
me the evidence on which that isfounded, lion J°l itc„e• , affect
is only to be found in the answer of hlr, ry
but it col-4joiliffe,
is extremely good evidence against hian john „,w,,ford n yeati
any.other defendant. Therefore, if Mr.
nbe-i fifCee el thsC
against whom this is charged, the electio . iii. 4 coans_o, it
his father has done, that he is willing to r ~,, is to
he does not make the same tender, all I ca. t."
•
ago, does not make the same declarationetrreY foal geed it to

~t

The hi
intents
tendered
}l4Ving ez
l'etY shn
that the

beel;, in
, e sent t
IPor the