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

ht,

$OO 14

!he li,
, wast„.
' acted" to inquire, whether, and in what respect, he
iltr. H as Trustee Since 1807
°At li,ll.llZecrtuapaonoßth
V.lca,.(?!lt"t•-I believe he has not acted.
Tpohiennt. do you desire an inquiry to
—at
111 r• alah".-They admit he has not acted from 1807 to 1818.
IS re "'ltcta-We have no objection, Sir, to make a tender
V/e,nation also.
I,l.ltae that"ANc ELI OR If he does not shew (for I shall pre-
s he ~ .- .
a was a frustee) that the duties wera performed by
it; 7. that the-
y were not left to be performed by the head
eiAler, _rinil37., who has great interest in the Borough—
Iliaer °11;r1c E.-You may consider, Sir, his case in the same
I vlet as that of the father.
lita4°tte the'et HAWc EL aon.-If he makes the same offer to retire
/, taaa trust, then it will be for the Court, after the Master
oel' ems Report, to . what new Trustee shall be appointed.
fir, lel.' I have
to llatn e now gone through the the
alt ° does not tl •k 1 , • n
ea er ,„
.think he ca say any . .
-"facial at'Y opinion, I will make such directions as I have
.1.4,.. Lied.
'lei to-'°IINE.-No, Sir, I do not think I have any thing fur-
l! °ter.
tie I.' lira,
-l'et ea ,t -nE RE r.i..-Wi th respect to the irregular appoint-
ePiniai tne Trustees perhaps your Honour would express an
Vte as to that ' '
myat -t-Cit . "
of ai AN EELLon-I cannot give any opinion whether
-4t does ese gentlemen were or were not unduly elected, for
?latter of ;lot depend on any abstract proposition, but upon
Maire ,i'aet ; and I must therefore send it to the Master, to
' to s_.%lletber A, B, and C, were duly elected, and the Masa
to he ayiberty to state any thing specially which may occur
L°4l 411' "
, will not extend that inquiry :lo Mr. John Twy-
„ ?la ll:iie, he leaving resigned.
wtoers. ..cIiEItELL.-But to inquire with respect to all the
Vt,E
,I),Poiatesae,ltAXet LI on.-No, not to any person alio has been
"f ianii` by the Master' under the direction of the Court ; but
111s.11-141' to apply to any others.
s"„be e.,;„,''tTßEi
~ aat ehaue against. A La. te- lone
''elllffe‘";E.'lr. Twyford and the Rev. William John
kr:,
11111ether)!ETtinnEr.L.-I would beg to ask your Honour,
1,„5bee,,J°,4 would not direct an inquiry with respect to what
-'Ve - the attendance of all the other Trustees ? I think we
11 fen. ,
eve att 'sped pretty good evidence that the other Trustees
ielli (led tellued so seldom, as clearly to sleeve that they never in-
-eqloi -°„act as bona fide Trustees • if they have attended so
-eir tit:t`l question will be, whether they have not neglected
tet!.
4,1, to thaPIANCELLOP..-YOU must read to me some evidence
141aded Point, I cannot direct such an inquiry except)! is
iletlia, upon evidence. A general charge will not be sufficient
31 -e ole to d' t ini uiry t) a 'ty Inc an 1 •
,Lot Ixte ETIIERELL.-There is a general charge, but I have
a'aialeo„table to hit the bird in my eye, as to the evidence on
i'Leth:a-', With respect to the other Trustees, the question is,
'tettleati tne general charge does not in the case of a public in-
have ", authorise your Honour to institute such an inquhy as
'Lear /1811ggsted. We have thrown a pretty good sample before
;I.'St tvan°llr of these Trustees. We have sliewn to the Court,
„sqiii /ea out of the seven leave no more acted in this Charity
It) di--
the question is, whether that is not ground
`ll di- to sustaingeneral charge, and to warrant your honour
rectin .
inquiry.
a
yi gan inquiry.
hiss beete-CuaxcEaLon.-You know I cannot infer because A.
'Ott ;041,gUilty of neglect that B. has been guilty also. You
a.. do -„`,4° some evidence. In the evidence you have read tome,
' .11-` findthingwhich ' • sufficient to warrant such an
Via,any
a Mr ''‘,„
4 has:. " tTIIERELL.-The only evidence I can offer is what
east a;
stated.
I own it does not seem to me, as far as I leave
Niel'', ,eye over the book containing the minutes of thee pro-
shea, ,P of the Trustees that they have so often attended as to
have Lm. they were acting bona fide ; perhaps Mr. Heald may
Vill3(artlined the book with more attention than myself, I
akatllid the book to Mr. Heald.
leen th'II2ALD.-Indeed I cannot speak to it, for I lead not
late' book till I came into Court.
Is saidt CienxcEaLoit.-On the other complaint, in which it
4 that the boys have not been boarded, I doubt whether
l'oesea eft of Parliament has not removed from the Trustees tie
tlateiboard these boys.. I say noticing about it detenni-
lcoli cos`',n Present, but it will be very important for you when
ihdes a',„e to consider the scheme, to leave the attention of both
Wthe-°"4,ed to it. He annexes to the original order a schedule
4aci flutes, and provides year for dee board of each boy,
Act la4elvise a certain sum for the clothing of each boy ; and the
deese'_,Parliament, which is to stand in the place of the Foun-
tratb,oeed, also annexes a schedule of rules. If you take the
the kle to examine it, you will find it makes no provision for
tlotipard of the boys, though it makes a provision for the
not ai.c'g of the boys, and my doubt is, whether your case does
Walla/11y fail in that respect ; and if it shall be found, Mr.
'koalaerell, that the Trustees, without the Act of Parliament,
Ai', have boarded the boys-
-1)11 it""E" ' ladmit,S. tl t there is that difficulty;
t 1 iiEItLL L.- ir, ea
.4e aeaaPPears to me that the real 'meaning is, that the rules an-
,
'°7oo, a;ei.se to be embodied with the preceding rules, except, pro
eePle-...lalteration which has been made.
-utlfer '' ,11 - , Loa -Yes, that is what you will have to
o AN cEL •
Air. i;
tt4l. i s'i,s'.tliEßELL.-i suppose your Honour will give us
'"ltalte2--un to apply to the Court as to thee manner in which the
~A1r.1./are to be drawn up, should any thing occur.
assie °ItNE.-I hope your Honour will give no such per-
Ptcrt with respect to the formalities and so on.
Ntiet-CifaxcEnnon.-You had better take down the di-
11le-se°o each side, to avoid any future application.
Pleasee"lltabavEm..-.As I understand, your Honour, you are
frettl''',, first to direct an inquiry as to wheat balance was due
V, 'lr• 'William Jolliile.
theae cr-eitAxcLii r. oa. -Whether at the time of his death
AlawaS any, and what balance due from him to the Charity.
Ilisaa; `3HADWEI.L.--And whether lee possessed any assets to
barge the same.
the, Ai.,E-CilascEi.Lon.-Applicable to any or what part, and
toer, foster to be at liberty to state any special cir.cumstances-
-14 th °,-,r,efer to the Master to take an account of the property
stioe Charity possessed by Mr. Hylton Jolliffe, and his apple-
Noilt of the funds. Ido not direct an account against the
I‘,/reees" for it is plain they never received—
are i„ai Wr.TitEittil.L.-For the balances received and which
Ir;' nis hands and those not received.
the iTCE-Cli ‘N C.' ELI 011.—That must be an application after
the -s aster has taken the account, Mr. Nlretherell. If, after
is Oeount, it appears Mr. Hylton JollitTe had such
.baldnces
to tilisl,land, if he ought to pay interest you must again apply
all Court.
. •,,, •
a% 4, ,'W ETIIERELL.-i apply to your Honour for an inquiry
V, toe balances which lee omitted to receive.
~ ."ea a,
'oat he';'t,HaarcE I. n on—That point cannot arise until I know
a )4,.'',L,,as so omitted to receive balances.
Iket ;Isr7ETIIER ELL.-I understand the schedule shews the
-11 '"'01 lam now stating: I ant seeking for balances which
e aia
vi-51
cheese to receive.
la 4-CIIANCELLOR.-No ; I cannot do that, unless you
Y a
14 ground for it.
hat hit licnNE.-My Learned Friend seems to me to be coin-
qii-e„"ack again to the argument of the Bank Stock, which
afe'le Was disposed of by your Honour early in the discussion.
llta'-%,ZRADWELL.-Then your honour goes on to direct,
boate_titte Master is to inquire, whether any boys shall be
-110-eu ?-As two of the Trustees have consented to retire, your
Aratts°ter does not make the order to remove them, but that the
alai t," is to in whether the other Trustees were duly elected,
Tr, `o reserve the consideration of the appointment of the new
atstees until after the Master's report.
laaT:t WETIIERELL.-The Bill charges a loss upon the ba-
tee's' and the account admits, that those balances have not
11,1 rt .eived from time to time.
V. ilonarE.-To what balances do you allude
th (r•AVETHEitELL.-I allude to balances which etand in
Al:e Ai& ountant-General's name.
• HOIINE......:WhicIi his Honour has disposed of long ago.
tiaav rxet-CitaarcEmion.-I meant to do so. I cannot think
too gentleman was aware of having to receive these sums of
Ale3', and wilfully neglected to receive them.
4t. NV • • With respect to the bonuses, if the
gee r. E I.IIERELL•- •
tha+gerfleil did not know the fact your t .II -nour has just stated-.
f b o*f he aid' at least was matter of public notoriety-a it
1111r)1„,lt knoW-I say no more. I should like to have it. in-
-101,-' into, what boys are upon the foundation who do not be-
V to Petersfield ?
vihe!"-CHANCELLOR.—I cannot direct such inquiry-
- You Trustees, they will do their duty, I
Pres ,have new
ache
14 .1/, the subjects which I
sho„,a ,a ETHEREEE.-Tbat is one of
'"" have wished to be inquired into.

NOVE MBE R 19.
THE COURIER NEWSPAPER.
e hearing of this Case was resumed this day ; but the ar-
-ents of the Learned Gentlemen for both parties have been
rendered uninteresting, in consequence of the Vice-Chancellor
having
v early expressed his opinion that the question, which was
that the
SitnPle, should be sent to a Court of Law. He desired
the case might stand over till Wednesday, in the next
h!el', in order to give Counsel time to determine on a case to
be sent to a Court of Law.
the proceedings in the Court of King's Bench, 6c. see
the fourth page.]