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

TURNPIKE ACT.

Mr. BROUGIIMI presented a petition from a parish in
'Cuulberland, against the Turnpike Act passed daring the last
Sessions.—Ordered to be laid on the table. •

SCOTCH: REPRESENTATION.

Lord A. HAMILTON !lave notice, that on Tuesday, the
11th instant, he would %Omit it motion respecting the Scotch
County Representation.
• THE MARRIAGE 'ACT.
Dr. PHILLIMORE rose to move for leaVe to bring In a
Bill to amend the Marriage Act. It wat;stui irksome subject,
and nothing but the necessity of the case would induce hun to
bring it again under the considerations nethe House. Bills for
several years had been passed in the Commons', and sent to the
Lords,. where they were uniformly rejected. At length a Bill
was sent down last Sessions, the clauses and enactments of which
were cica;.and would have been fotind adequate to the object
in view. —The Bill, however, was opposed in anoiher place; and
much and. strange criticism was exercised upon it. He thought
very.unnecessary criticism, because .the clauses anti provisions
of the Bill were submitted to, and received the attention of men
imthis .country, best calculated to frame a Bill of that nature.
He mentioned so much in order to show the tort* of return that
House inet with from the Lords.' Two enacting clauses of the
13111 were only suffered to remain ; the rest, he might cull it a
sort of Codo of alterations, tended only io.excite difficUlties to
create inconvenienee;: and clog and. embarrass the measure.
When the Bill was returned the HOtitki had to consider whether
they would entertain the principle of the Bill and submit to
enactments inconvenient and embarrasing, winch might be
hpossibly amended at a. subsequent SesSion. As he was the
umble individual Who had introduced the measure in the first
instance, he felt it to be his duty, and for that reason alone
he intended to.submit a Bill to remedy the inconvenience com-
plained of, It was natural to have akpected that a clamour
would have been raised against the metiiipre; first, because it
imposed on a number of inferior &Hefts much additional
trouble, without giving them any -CoMperisation : and also, be-
cause it at one blow put an end,to many suits in the Ecclesiastical
Courts. The-Bill on the lama It was productive of inconve-
nience, which nothing but necessity could have justified the
House in tainctioning. First; The 11111 Contained tut unnecett.
sary introduction of many oaths; next, it retufrod extracts
from the registry which were unnecessary; 'Oct, with respect
to marriage by banns, it required stamps to affidavits, which
were generally Matte by poor persons
; next, the Bill required
that it should be read by the Clergy in their different Churches.
Agaiii, the Act went, not in an open anti manly wah. but in an
indirect and vexatious manner, to take from certain foundations
the power of granting licences. That object might be wise in
itself; but he objected to the manner of doing it. There might
be other objections to the Bill, and-lie should feel obliged to
those who would•suggest any that in practice were found to ex.
ist. Those which he had stated he should seek to remove by
amending the Act. He could not sit down without expressing
hie opinion that the House had acted wisely In adopting the
principle of tlic measure. Since the Act had been passed, none
of those disgraceful meshed taken place in our Courts which
formerly had occurred. No persons had sought, after ambit.
bitation of many years, to obtain a divorce. -The llonotirable
and Learned Gentleman concluded by moving for leave to
bring in a Bill to amend the Marriage Act, which was granted
accordingly.
THE .ADDRESS.
Mr. CH ILDE appeared at the Bar with the Report on the
Address.

On the question that the Report be brought up, being put,
Sir It. WILSON rose and said, that he could not let that op.
portunit.y pass without making a few observations. The deep
impression which the eloquent speech of ' his Learned Friend
(Mr. Brougham) had made last ;light on all parts of the house him from (Aiming himself to their attention. Morose
now, in the first place, to caution them against the application.
of a word which escaped a Right honourable Geetleman (Mr.
Secretary Peel), he meant the word neutrality—he would avoid:
the language and the profession of neutrality during negocia.
dons with France, because such language would operate against'
the prospect of peace, should the combined powers, or any;
of them, pass.the Pyrenees ; full of their premeditated crime:
(for it deserved no other name,) they would not do so unless
they felt assured of that neutrality to which the Right lion;
Gentleman alluded. But if doubtful of the policy to be pur-
sued by this country—it apprehensive that the seas from Bay.
onne to I)itnkirk might be covered with hostile ships—mad as
they were, desperate as they appeared to be.—it was still pro.
table that they would not attempt to pass the Pyrenees.—
There were other reasons for not holding the language of net;.
trality ; and, first, he would allinn that neutrality on the part
of this country was a thing impossible ; neutrality, in a
financial point of view, would be a thing most ruinous to the
policy of this country. A pledge hid been given by a Right
Honourable Gentleman (Mi. Canping,) which he (bir Robert
Wilson) conscientiously believed he was most anxious •to ren-
der valid, he meant with respect to 'Portugal—and what Was
the present situation of Portugal ? The House would recol.
lect that the threatened war against Spain, was wwur, in fact,
against the form of her Government; a war against the Spanish
Constitution--against Spanish freedom—against that Cons&
tution which the Allied Monarchs denounced at Laybach, and
which they pledged themselves to put down. Portugal dopted
that Constitution—she • adopted under circumstances which
must make her still more olinoxous-;-she adopted it with all the
forms of democracy. Portugal cannot, therefore, separate her
interests or her fortunes front Spain—they are one and intlivi.
sible. If Spain must be punished for improving her Constitu.
don, Portugal cannot escape for having adopted that Consti.
tutlon in its free and improved state. lie could substantiate
the fact with documents if the Government were not already
aware of it, that a Regency of Portugal was already establish.
eel in Paris, and that individuals deputed from it had actually
arrived in this country. If then, the machinations which were
'vanes of F aith should be, us it inc.
,
pursueded by the Army of the Faith towards Spain were actually
pursued towards Portu
cordon sanatoire,idler SPain had been subtlue4A
whit a
vitably would be, establish on the frontiers of Portugal, whose
independence we are pledged to defend, what would be the COll6O.
quence in a financial or military point of view ? The measures of
defence which would then cost us millions, would now cost us
thousands only.—(Hear,July broke out, was the
hear !)_There never was recorded in
the history of nations an instance Of more unprovoked
shoal ftoirleSionasiunrrechatid
onnoot
fgi
theve n
aggres.
Whatwhen ,
state • of Spain ? The
whole of her regular army tunounted
70;hetl,a/retcxt for alarm.
then only to 21,000 men ; and surely never, if she had metli.
tilted measures of aggression, would.'er armedforce have been
reduced to so low a condition. 11
;130, bad been the con•
duct of the Spaniards ? had they heert.smignintiry even in the
punishment of undoubted crimes ? lie asked, bait the authors
of the massacre of Cadiz been brought to punishment ? Who
had been put to death for the insurrection of the lilt of July
only two persons who hall been previously, guilty of attausina.
lion. And, what was worthy-01 the Attention,of the flianse,,a

•
convention, made even with an uneuthorised officer, was re.
speeted by their Cortes, and a great part of the guards 'were
secured from punishment.e.-(Hear, hear, hear !) —They were
told; however, that, the Spaniards were spoliators of the church,
and they were told this by Monatehi who had been wholesale-
spoliators of the church. The unhappy divisions in .Spain
were also made a pritexefor invasion; as it these eery divisions
'had not been brought to their present heir by encouragement
and money from France. He (Sir R. Filson) was at Papa
the year before last, when (ten. Quesada went to Bayonne, to
establish the Regency; his carriage broke, iloWn, and he was
obliged to get .porters to remove from It the money with which
he had been supplied from the Pavilion Marsan. Did they not •
see after this the Regency eseetblished ;it Bayonne, and this at
a time when the Count de Monnnoreney declared in the Chain-
bers that nothing but -the most, reintoltable bad faith (la Flue
Insigne innuralre fed), could Attribute to the Sanitaryany other
purpose than that which it professed. With regard to the party
in France urging on the war Cordon; he was persuaded that to
put down the Illierty of Spain was net their ultimate Object,-:-
butte annihilate the Charter and-to seize. time national domains
The letter signed by a person called AchiUe Joutfroy, was a
curt of manifesto of that party. 'There was another writer of
the same extravagant class, who actually lamented the conver-
slate of the people of Europe front Paganism tee Chrietienity,
becitiese it had unsettled men's mindS. anothez the Abbd
Frayssinous„ who was now put et the head of the e:lucation of
France, declared that the extension of individual instruction
created an independence of opinion fatal to soaiety.—(licar 0--
When the intentions of the party which was ndw urging to the
war were so undisguised, his Alajesty's Ministers should wake
an equally bold appeal to the people of this country in
of the independence as well of nations as of thrones.
Mr. CLTRWEN said, there was one question connected with
the Speech'on which he felt deeply, and- to which be thought
justice had not bees done—the state of agriculture but, as he
was unwilling to disturb the unanimity of thellouse, he shofild
defer what he bad to say to another occasion.
Colonel DAVIES said, that as it was of importance that the
people of tureen shoUld know that the British ;House of Com-
mons was disposed to oppose to the utmost the attempts to in-
terfere with the internal concerns of independent' .nations, he
rose to etprese his warm concurrence with the sentiments una-
nimously expressed last night, with the eiception of the phrase
which had been used by one Honourable Gentlemen, of strict.
neutrality. The sending a Frenchman, the. first tiring of can?,
non, across the Bidassoa should be considered the declaration
of war by France against us.—(llear, hear o—Let them sup-
pose that Spain was over-run, England might live under- a
hollow truce for a few short years in a constant preparaeirm for as
war, more expensiveethen a war Itself would now Lie., The
Ultra Royalist party in France were men over whom .211 years
of misfortune had rolled in vain. But if they were told •thst
they would be visited by. the vengeance of this country, ehey
would hardly he so blind as to perseVere in the contest into
Which they were blindly ruching. A war was not popular in
France; and if to the indignation of their own countrymen
were added the fear of a war With England, the hostilities.
would, he had no doubt, be prevented.
Mr. HUTCHINSON said, ,he had nothing to complain of
what the Speech contained, but be had to complain of what
it ;omitted. lt ought to have spoken out as became this
great and important ,countr, that they Might have appalled
the tyrant.~, and raised the drooping spirits of the Continent of
Europe. In such "respect it was lamentably deficient Wear,
hear !) If it had not been it would have gone far to repel the
attempts on tbe independence of nations. He was .glad the
Ministers had used their aims to preserve the peace of
Europe ; he should lament that war should be renewed, but
he should lament still more that Europe, should be reduced to
the degradation of slavery. He thOught the t4overnment had
not satisfied peir duty by merely not joining in the measures
takenagainst Spain at Verona. The answer to the Address
Was in 'itself not enough, unless it, was ageompanied by.the
Speech of the Hon. Member forWi n chilsea, in every one of whose
sentiments he cordially concurred. One week lost at this time
wiui of vast consequence—one moment should not be lost in
issuing a more specific declaration from the Throne. Ills Ma.
;testy said also that he hoped peace would be presented In 'the
East. What did this mean? Did his Majesty think that
Russia would not make an attack upon the liberty of the
Greeks ? Did he think that peace would be preserved between
Turkey and Russia any longer than till the Power* of the %Veit
of Europe were enaged in the war undertaken,against liberty ?
He should have banemuch better pleased to have aeon allecle-
ration from his Majesty, that he was determined to assist the
rightful cause of Greece. As to the part of the Speech which
related to Ireland, and which recommended to their attention
measures of internal regulation which might improve the ha-
bits and condition of the people, he hoped ibis important sen-
tence was well weighed, —that these were not mere words of
course.—(Hear 1)—Ile hoped that a measure for the commute...
tion of tithes, a measure of vital importance in Ireland, would
be brought forward and carried. He hoped, too,• that the Ca:
binet would he found to he united in a measure fOrputting an
end to all religious dissentions, by taking awes all the slisalrE
lities which had been imposed on account of religion. •The
Irishman must be planted in his *Oil in which he was,, as it
were, a stranger. There was much in Irelited, to do there
was also meileto forgive, and forget; but he was convinced,
that till proper measures were taken with respect wit, Ireland;
in any war that ensued, instead of being a main support, might
be turned to the ruin of this great empire.—(Hear!)
A MEMBER' whose name we could not learn, spoke briefly'
from below the Gallery, and said that the Speech did not go far
enough in the declaratioe of the policy this Government had to
pursue, as eatisfied his mind or the ceuntry at large, lie hoped.
to hear from his Majesty's Ministers some early and. general
declaration of the state of our policy as to die gnat question of
peace or war....4flear . ,
The Address was agreed to, and ordered to he presented by
such Members as ate Members of the Privy Council.
Mr. °MILBURN gave notice of a motion flit; leave to'
bring in a Bill to continue and amend the Irish Yeomanry Act.
Adjourned till to-morrow (this day.)

•
HOUSE OF LORDS..
Their Lordships did not sit yesterday. They adjourned on.
Tuesday night to Friday. Their Address will be presented to,
the King tins day, at Brighton

• .
Sir lIA RCOURT LEES.—This patriotic Baronet,'
who is indefatigable in support of ' the Eitablish-
ed Church, continues to exert his, vigorous pen'
in 'Fnu A NTI DOTE) a paper that maintains its
ground in Dublin, and he has, in the last:number,
addressed a spirited letter to the l'uoTcs.r.til'Ts
of IRELAND, in Which he takes a clear and coin-
preheusive view of the state of this country and
of Europe in general. 'We regret that we have
only room for the fellowing passage
1 informed you, war would inevitably take place. I have
been watching Pont di forgo (whom he ludicrously styles
the " Calinuc Puzzle di forgo") closely, for three years.
His Holiness the Pope, the Russian Miniser,- and the United
States, have engrossed the entire of my attention ; and I have
no hesitation in informing you, it is not the subjugation of
Spain, but the degradation of. England, and the ascend-
ancy of St. Pctersburgh, at Constantinople, which are the
eventual objects in contemplation of the holy and republican
impostors. France is a Cats Paw in the hands of the Rtut-
'dans, and the trade of the Levant and a " Port" M' the Adria-
tic, will yet be made as much use of', to allure rile United state,,
as Maria Louisa was to delude Lord Wellington. Let-Eng-
land look to herself, her most vital interests are now at stake --
At this moment, had she the means, she ought to have three
fleets at sea, one in the Baltic, another in theM?tliterranean,
and a third in the Bay of Biscay; and the mediation of England
should have been offertsl neither to France or- Spain, but a tie.
Bided' declaration made to Mr. di forgo," that the firSt cannon
tired in the Peninsula should be the signal gun for blowing.,
Cronstadt to atoms. Had the noble and gallant Wellington
been instructed to make such a declaation as tide, England's
fame would not have been tarnislted, peace would ,have been
secured, and I would then have permitted Ireland's chief ptide
and glory to have danced quadrilles with Maria, or Limerick
jigri with di-Ilorgo, for the re it of his life,* 'l' -

• FOREIGN ANTELIAGEqt• .
(most. THE .JOURNAL TtEi PAHIS.). ";* #."
PARIS, Fr.a..4.—The superiorand;o.ther trfi-cers
of the dragoons of the Guard, being.4n theipint.
of theli departure, have had. the honouriof being
presented to the King. • .4
The-regiment of lancers 0f:414e a-oy,al-G 'lard
have arrived :in 'the environs Of, i'aris,‘,sed are
ready to replace the Dragoons,.of :that c.orps,whose
'departure is fitt.d for the: day after, (4-morrow.
M.. de Balretaseda, Charge d'Affaires from the
Regency of Urgel at Paris, hai ryci.iypd a dispatch,
it is 'said, announcing to hiin that l.be Regency
are determined' to enter •Spain 1;4 the :way of
LampoUrdan.
They write as follows from BaTonhe, under
date of. Jan: 1--." The pa:silto' of eidraordi-
nary couriers through our cliy still-651441'1e5.
The day before yesterday the` ount'Otiirchamp
received, .by Estafettes. dispecht.s 'from Paris,
whieh were not, it is said, of it. pacific character.
The fortifying et our_ place add .citatlel is rapidly
.carrying . : ' • •
They write from' Nantes; :Jan.. 994.14-Eight
companies of the 7th regiment of foot artillery,
about .600 men strong,. coming from Relines,
pt4sed yesterday .through this city ; 'they' are
proceeding to Bayonne. • .it is reported that con-
tracitLhave been entered into. with various, per-
sons, to transport from Brest to-Bayonne is great
quantity of warlike stores,. • - •
• • (raw( THE (IU9TIDIEIINE.)
It will hot he till.the' r
st of March twttf,the
Duke d'Angouleme ififl proceed to Bay,%Rp.—
.By the 15th all the troops will he in line. His
Royal:Highness *ill enter by 'Navarre:*
.His-Excellenty 'file &Mister at War rye; on
Saturday, a grand dinner to the Cltitieral:o4teers
who are about...to:set forward`for spain. 'Among
thorn was General Ques'ada,' in the falrethilforrn
of a Spanish General.

t is

The Spanish%Royalists who are in Pari;;' and
who, are about to set off for •the Vave
adopted a cockade, half white, half telVtis
sign of their upintvwith the French,' ..4 •V:' 7'4*
• --_

M. Viltarot Joyeuse, Aide-de-Cathrilf 'the
Minister of Marine, has set out for IVOKtint,
where he will take. Ott command of a ftigite,
the destination of *MO if unknown.
(FROM THEIJOIIII2:4(,1:1 MALTA.)
The Danish Minister, ivho resided at Madcid,
has arrived in Paris.' • .

The Regiment of the Cuirassiers of the Royal
Guard set off on Silurday for the army
23d Regiment of •Light Infintty arricte d
to=day in Paris.

--~~}cr...~.

SP.A IN. 4. o
.tu ir•
Arertio J AN. 10.1—T ho Journals publishthe
following answer of his• Majesty to the Ale'ssirg:e
of the Cortes
, . •
"Messieurs 'Deputies,.-I have 'received with lively Nara. c-
-f,rl
lion the Message which the •Ektraordlnary Cortes addressinkso
me on the 11th instant, and, perceiving in it the Confermiry'df
their sentlnientaivith my own, I again 'congratulate •MY4tif
upon being placed at the head of a. nution which so mantling-
lities distinguish.
• ,
" The sentiments of honour and national innependenceaso,
proibundly. rootedln the hearte of Spaniards, ofl4 me Weiist
curest guarantee that the existing. political institutions...-tite
object of their predelietions--Will continue unalterable & •
withstanding the effints of their most violent enemies. I cat '
not, iu this respect, entertain • the 'elightest 'doubt, after wit-
nessing the effUsion of the patriotic sentiments and genril
mul resolutions whieh will render the 'Sittings of the Ma-
tional Congiestotr..ihe btli and 11th 'of this month eternally
methOrable?
•
‘.‘ Thom days' have 'shown, gentlemen, what a nation is
capable of when the tonfermity-04 elevated sentiments give so
generous an .hnpulsioa to confidence. They are the MOSC'pOr
salve and mast, einiptent anlweis.tO the calumnious irnputit-
tions with •• winch the commithicationte of foreign Cabinets a.
tilled, and which have excited, the uurprise anti indignation or •
the Extraordinary. Cortes. • • • . •
" Nations will at once see the free Manifestation of my *err-
th!ay .1011" be mtvinced that the Cen-%,
stitutional King of the, pains enjoys the free exercise of
the rights vested in himby•the fundamental Code ; they will
fossecfoot se
n'esi
country.sietiidea of the true origin of the disorders which sr.:.
" The sacrifices which, under these circumstances, the hit
nour and independence of the 'State require, will be grear;
but nothing is considered too great a sacrifice by a nation haw
bitiated to suffer, and to hear no other cry than that of liberty
and honour. • • -•-• • ,
For myself, convinced more and more of the imperious ne..
eessity that ell the children of this great family should assent:, '
ble round the Constitutional Throne, I will steadily follow
route which my duty prescribes:to' met and if the spectacle of. ;6.
a nation destined to clefend her independence and laws do floc*.
restrain those who' meditate to invade her, I will place myself
at her head, certain of victory in the mostjust of causes, which
is at the same time that of all the free nations of the earth.
gne d) " FERDINAND,'
" At the Palace, Jan, l I,(Si 11123."
Having finished the rending of, this message, the Presitleir
observed, that the Cortes had heard and. justly appreciated t)
sentiments manifested by the King; and that the Assembir.
were persuaded that, united to the Constitutional Throne, and
to the Goiernirtent of his 41tejestyl they would efrect the tritunph -
of the cause of liberty, of the Nation, and of the Conetitution.. • •
by which they existed.•
The Envoy Extreonlimtry'of England, Sir W. A'flatitt:, is •
always in conference' with' the ...Ministers, to whom he gives, •
splendid entertainments, leis said, however, that his efts
are directed to pi rev en t a rugure between France and Spain. •
CIRCULAR (IF THE miNt4TE2t 4.11."rHE IN' 'hltlOlt.• :••••••
The Al inister of Grace antr•llistiee has communicated to me •
the following, under dateJahuktiat---
"_The King has learned that the Roman Congregation, deno-
minated of•the..foitiek; oe'titelifith of August last passed title.' •••
tree, of which some printed copies appear to have 13,:wil intro'
duced into Spain, and iron which it results that various works,:
of Spanish :Authors, written in defence of the rights of the Na..-
• lion are probibitol; • His ',Majesty-cannot, anti ought not, to
tpieeren4tatthtbhaeiet.ioniorgpttzsecbioriungititt
pwtoThi:knottligilwaatoserkntorlit::tbsia
iteowtowtlyeer,r4t:ted:fitel.,::
Spain—
. for,, nrd,ins, pithiest met% to collect all the copies of the-
said Decree which they can ebtein, and to prevent the titiot.,:„
circulation of therO., .
." To the Minister ofthe fi
Interior, Jan.

.• .
O wing • to the . state .• of the northern .rnad-4:,.
which are blocked up with snow, the mails frOnt'''
all plaCes north of York In the Edinburgh and..
Shields roads, as also those from Whitby, nail.
fax, and Bradford, did not arrive yesterday.

V►j

•

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4

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`; .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. Croft 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 as 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 info?.
: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 proceed.
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 yeCtiewcne 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.
• , • . Mr, fit:Ai/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,
!tett:o3)llst ,carried, in a regular account pf receipt 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,
aytktitots..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 toe account, as
you must collect them from 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 conclusienl 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 creates 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 agot 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 hundred 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 nothing 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.erliaNCEi. 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 into the charging 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 other questions. 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 propriety
CA oo that p
charge yourself by paying such a schoolmaster. Can they go
intov t
you should. Can I at the distance of thirty years, considering
this gentleman has in the execution of his duty actually paid a
part of this money to a schoolmaster, call back that money ? It
Lftn_ertne;ind by affidavit
iynot. I do not mean to say
is not my purpose to do that. Address to the sny charge, and
I will give.,you an answer. mean to give the Master no such
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 purpose 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 these 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; the
Court cannot discharge men that have already retired. I think
nfroowincobnei:legnta.
the better way would be to arty—Thedefentiant ThomasSarnuel
Jolltieffte,,obfythheissaCoid temhsaerlitystoantino
stating that
about thseucrt aredday, and the de-
finengdwanrte,ltiorehnfroTrowybfeoinrdg.laotrlitte,etlif
thehht saiCeudwtechla,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, whether the
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 dead, and the 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, before Sir 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 find him indebted, 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 necessary for the 1
protection of the Charity.

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. Nr2e4,7 69.2, 290, 3w:
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, 215,
314, 314,440,441,
'478, 641. W I. og
Ith4a
Th - 13, LoNnOi. Nos. 6, 18,
3025
271, 299, 1:1,1,
Cous;tar.,Nos. 110, 111
178, 200, 271314''
531, 540, 521,
11-411 0005.5..7.51 3:.; 'l2 5,
.`2;11.041•
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 :11D14
Royal Highness the Duke of Su ssni, Grand Alsiter°
hda ,
land), the Newcastle-upon-Tyne Lodge, No. 2t3,
Annual Meeting at the Free-masons' Han, for the
bar
tre
Officers for the present year. St. John's Daf used Sat
served for this ceremony; buy the very amiable' cc 41,01
ing, and obliging manners or-the Illustrious Gr,°'"
:
m during his Visit in the North last suuler—pArtiettbrinfl-1
intercourse with the Craft—induced the'ancieut
castle-upon-Type- to fix upon the Birth al 11:01
Highness as the day on Which they would this year
Officers, dedicating it alike to benevolence and festiv/ti
compliment so honourably intended cannot be tnisOled,'
At one o'clock the Brethren assembled at their HS% i4ll'
gate-street, wheie the Chair being tak-en bye . Sift
Loraine, Bart., and the usual prayers tea
bi the
Brother Wasney, Chaplain, followed by a 01111 d Slurp P
on the Organ, the after-mentioned 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,rtr°4lh,
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, (21
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"—(,
drß. nk with the greatest enthusiasm at
Swinburne, Bart. Prov. &M. for Northe'7l:„, toot el
plause.)--" The Members. for Neweastie,o,-Clll7ll-e, sto
edEnineat and pertinent speeches from Sir )1. 1114Thi''103
(G.threat applause.)--4‘ The Wonhipfld Mote °tl
ice tis
for
tpao
his
Previous Mastet‘hiP."—(Oreat applatoe.)'ll°lo,o
veryre. c
iurcothyna,;;"tneo:uto4lalmlylileinnstertrol rdi.nui:hceislnd,Enb,bytlaiSnnhyiorPmal%licly°.‘,o'b°.rill:gin:id!
in
The Port
ugrielreturn
.hu,
Baronet in the chair, rose and expressed
,d aA:i
N, e• --(Thanks returned' by a Contol°ll./1010
rot:aseinted;olEo
would be his ambition. to apply himself t°
tell
ntents which might enable him tout acqt 14-0,,.
ently in the office to which they had done him
.1' IV
y
ic'
that day to elect him (Applause.)---`` t:,°ll°:ce
yebr
enCtc.er -ine Ellison,
t 3hiaa
sr thanks j ;,rtt
Hug, M. P., and the Northumberland
tnanry Cavalry ;" -
g-Yen by a brother in the //,,.00.0
room,--(Drunk with great apple,u*O—The 11(41,1. -aiontll;i
turned thanks, as Major of the Reg-lit-ant " "pt. 111°
Bunion and the Tyne Hussars."--(Applatto) nt,
Small returned thanki, as Lieutenant of the Beernr.
course of the evening , several, excellent songe rue's
the tone of conviviality' and
,mental enjnYmen.„ll4l,itot (1
f
ever predominant amongst the i‘lmbers of the r-vi;
( andb
uh,GisTilvm,rea denpr 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
woThretiAiienenhetrs,,et:ilnetaniyarlep:ptetu-eraw-rtetNe.ai;l7STrdngor,epilei.ht:iya6,:-IteloW.Aocol'eidlicorler:r:'itor:tiiilst1111:10011}11;:;tillto:1:S:11;:ler;,tlIr
soon B 3 a new Provincial Grand Master .11;eNifil
9'untytin the room of the late Sir John BO

33:11:::ahre;) weather since Tuesday in'lbailV,?'/-0
00
drear:::::—.
_• 4................,......11.10,/'.- . . I ,
i tin ktfunlay the Ist of Febrile/ ot sr'
ramous than : the consequence was that the v. ,rolt, 4
of lee in the river Tyne had been got ri4 °.t,,/sy. , eI'AP
the snow was every whore rapidly me-lung- opbely ar
tattling rays of Phoebus, and A bright AT,I. so Oro tit°,
the thoughts o those floral phenomena 0;0'44 lo'thr '
All, howc..ver, seems oga,io PrLdimoniv
.11011.41°
mess of winter. Early on Saturna/
~,,satec,,,o,,
set in very cold from the N. audN.E•ta__Ac''=l";ratli 5005
and it has continued snowing with Ilr'''',E4olltt ' t 0-►
during the last 24 hours, frost also being t''"ej) oofol -
in a violent degree. The Carlisle mail, II Arriv,o4
arrived at 7 o'clock on Saturday evening% °B litlo So
tit
Sunda, fore.noon drawn by ha
10311es'd 3t id tbrtHvt,t44
°(tilThmelurie:end.dicT3nrct4Cl)e:ll:MClnlittlniis.ll:ll:tri;stttlibtirenealliimlltivl.y.teigdisl;ata,urtt4inidtilghlQ:uel:fibeeentl:littrsiitie;;;;;;:l;wl:ll"'o"ltrii'lliprfoLj
from the ettslward, it is tie b I apprehended that4et:;l'
..., JI. -
.
be sadly drifted. Uur, Pars for
,castial"':o,ol
a distressir.g" order, duridg slits !wail
cattl!-Itpon-Tyne, Feb. 2.)

concluded ot
journed to Oral'
Quay-sid'i /6:6110';1
Long-t '
by the Nrcrll'pt,
ported s!)jes!
icon,.Esq., (wg
awks, 'Wlll°,6OB
and seversl of;
nit was dr.os'
from the, Cid' DA
yal flighnol"3; if
ster of f:ngiss
-(B00 tli°
and sot:1„;1,"---

_
Tws:DAY AT

stoogs
_ ONI O'CLOCK.
4stock --, -- India Stock
214
wp" Cent. Red. ma India Bonds 398.
..3per Le' nt. Col* 4.•:,..a... 75i SOuth Sea Stock
-4t per Cent
t per Cent. J Old 94 95 Ex. Bills l2 15 pr.
k New 95ii Ditto Small
S' per Cents. 1-797 . • Bank for Act.
Bank LongAun Lt 20 India fur Con. Acct.
471 p. 3 per Cents. — Cons. for Acc. 764 76 75,1 76

PRICE OF-FOREIGN STOCKS IN LONDON, FEB. 6,

AT ONE O'CLOCK. -
Five per Cents. 81.
{Six per Cents. 00.
Five per Cents. (Metallic) 00.
Ditto New 75.
Neapolitan 5 Five per Cent. Bonds, 69.
. 1. Scrip, 00.
Austrian Five per Cents. (Metallic) 00.
.{Five per Cent. Bonds, 42.
New Ditto, 38i.
Scrip, 27 disc.
Prussian f Five per Cent. Bonds, 80.
o)itto New 75. •
Danish Five per dent. Bonds, 80.
Chili -68 A.
Colombian - Six per Cent. Bonds, 46A.
Peruvian New Loan, 00.
{Bank Shares £2l 55.
Six per Cent. 90-98 i.
I.,iY,e per Cent. 95-96.
' hree per Cent. 70. - **
---...--

French

Russian

Splutisli

AttiTirt►n

PRICE OF IRISH
Bank Stock
Gov. Deb. 3i per cent.. 88D
Stock, 3i per ct oil
Gov. Deb.. 4 per cent
00v. Deb 4 5 per eeht.
• .--Stock;-4 per cent.
Treasury Bills, 5 per cent.
• City Debentures, 3 per
cent.
Lying in Hospital 4, per et.
Ex.pltange. on Lon
HIGH IVA.TER-Ar LONDOD
Morning, 28 minuted after

STOCK, FEB. 1.
Grand Canal Loan,,4 p.ct.
.---Ditto 6 per cent....
Ditto Stock
Royal Canal Stock
'Wide•street Cert., 6 per at
Do. Deb. with oev. Sec
Pipe Water Deb. 5 pot et
Do.
Ballast Office Govt. See.
5 par cent.
on, Jan. 31, par.

i BRIDGE TO-MORROW,
Evening, 0 minute 3 After 0.

TUE SUN.

SOLEM WERE F4LSUM AGIDEAT

LONDON,
THURSDAY, FEBRUARY 6, 1823.

The great importance of some parts of Lord
LIVERPOOL'S Speech on Tuesday in the House of
Lords, induces us again to place them before our
Readers, and to advert a second time to the only
inference which can be legitimately drawn from
them, viz., that if an attack is made upon Spain,
and if the public opinion of this country is suf-
ficiently manifested in favour of the Spaniards,
the British Government is prepared to enter into
the contest on the side of justice, and to employ
all its energies in vindication of the rights and in-
dependence of nations. Thus, although Lord
LIVERPOOL used guarded terms in speaking of
the French Government, and of the ulterior policy
of England in the event of a war, lie also took
occasion for saying, that, as this country was
anxious to continue her influence by way of
mediation, " it vies proper not to use strong
language, by which the country might throiv away
the advantages (as a mediator,) which she pos-
sessed. He would not say that he was very
sanguine ; but the door was not absolutely closed
against negociation ; and, us long as hopes of
peace might exist, would it become either the
policy or the dignity of the nation to use strong
language which might defeat its purpose Y" If

all hope of preserving peace had been abandoned,
therefore, the language of the British Govern-
ment,--strong
as it already is,—would have
been still stronger! But it is impossible to ex-
press more forcibly than has been already
done, disapprobation on the part of England,
of the principle of interference with Spain
'assumed by France and her Allies. It is
impossible to give increased strength to the
expression of friendship by Great Britain towards
Spain, and even of her admiration of the mild
and just conduct of its Conititutional Govern-
ment, or of dissent from the projects of those
Powers who have resolved on attempting the
overthrow of Spanish freedom. The strong lan-
guage, therefore, which Lord LIVERPOOL has, for
the present, from an avowed motive of prudence
and "policy,"suppressed, can only be the language
of defiance, can only be that language which.
would be equivalent to a Declaration of IVar,-;
which would plainly intimate to France that if
her war party persisted in its insane and unjust
designs upon Spain, amongst" the eventual risks
of the contest" for France, would be those arising
oat of the determined resistance and the formi-
dable hostility of England ! Some of the Mem-
bers of the Opposition think that that language
ought to have been used by the British Cabinet
from the first ; but to all who are acquainted
with the French character it must be evident,
that, " as long as the hopes of peace might
exist" threats would have been ill-timed, and
'night have operated as a fresh incentive to that
very war which they would have been intended
to avert. The policy of England
is now, how.
ever, sufficiently manifested ; and in a way as
little calculated to alarm the pride of the
l'‘:elich Government as the diminished hopes
Preserving peace by any other means will
Permit.
A short time will determine the
effect Produced by it at the Court of Paris.
rti
.10egh
the
intentions .of Englund are conveyed,
al ,
Were, by a hint, the hint is sufficiently in-

telligible, and cannot be misunderstood. One
. .
passage .of the Speech at' the Earl of LLyERPOOL I
WAS not correctly given in our Report of the
Debate •in yesterday's Suu. . The follow-
ing were the words used by the , Noble
Earl I will never sanction the idea ;
come from where it may, that if a case arise of
imminent danger and indispensable necessity, this
country is not in a state to undertake a war. If
a war should be absolutely necessary, this coun-
try, I can assure your Lordships, is in a state to
meet it. If a war is called or by the voice ofthepeople ,
it is able to meet it ;" and, lest there should
be any doubt or misunderstanding respect-
ing his real meaning, or respecting the motive
which prevented him from speaking still more
plainly, his Lordship concluded his speech ,
by again remarking, that, " whatever pro-
babilities might appear to the contrary, he
did not consider that all negociations and prospects
of an amicable arrangement were .closed ; and as
long as a chance of peace remained (he again
asked), would-it be consistent with the dig-
, nity anti interest of this country to use lan-
guage calculated" to place her in a 'Situation
which would prevent her from effecting that ob-
ject which it must be the anxious wish of all
lovers of peace to, attain ?" He who runs. may
read.—To acid one.word more ou this subject
would be insulting the understanding of out
Readers.