of the boys belonging to the said college, and that he did not leave them to be educated by any indifferent person whom he occasionally procured for that purpose. And these defendants the trustees further answering say, they have heard and believe that Richard Figg was permitted for his own private emolument, and did in fact take for a considerable time, and with the knowledge of the trustees for the time being, boarders to a considerable extent in point of number; but these defendants deny that boarders were so taken, in exclusion of the boys who were the real objects of the said charity, or that a large school room was erected for such purpose only: but these defendants say, that the salary of the master was so small and they believe that it was impossible to find any person properly qualified to undertake the situation of schoolmaster, unless allowed to take boarders for his own private emolument. And these defendants submit, that by this means the College then had and now has a superior schoolmaster, and thereby the objects of the said charity were and now are much benefited. And these defendants the trustees further answering say, they believe that, from the year one thousand seven hundred and fifty-five up to the said year one thousand seven hundred and eighty-four, the taxes and poor-rates of the said College were under an order, bearing date December one thousand seven hundred and seventy-five, ordered to be paid by the master for the time being, but they say that such order is not now in force, in consequence of the schoolmaster's salary being inadequate for his maintenance and support, and that the trustees have been under the necessity of paying the poor's rates and taxes out of the funds of the said charity, and that subsequent to the said year one thousand seven hundred and eighty-four, and down to the present time, such rates, taxes, and assessments, have been paid out of the funds of the said charity, and that such payments have, as they believe, amounted to the sum of seven hundred and sixty-eight pounds thirteen shillings and nine-pence, or thereabouts, as stated in the said information. And these defendants further answering say, they have been informed and believe that Robert Steele was appointed master of the said school in the year one thousand seven hundred and eighty-four, and that he did receive a salary of forty pounds per annum, and that the said house was occupied by the Reverend James Cookson, by the permission of the said Robert Steele, from the death of the said Richard Figg, in the said year one thousand seven hundred and eighty-four, until the said year one thousand seven hundred and ninetyseven. And these defendants further answering say, they deny that during the whole of the said period, being thirteen years, except the first two years as stated in that respect in the said information, the said James Cookson did receive the said sum of forty pounds, or any other sum, as a salary from the said trustees, together with various or any other allowances of any nature or amount, as master of the said College, for his own use; but these defendants have been informed and believe that the said James Cookson was authorised by the said Robert Steele, whom they believe he constantly and faithfully assisted as usher, to receive the salary from the treasurer, and accounted annually with the said Robert Steele for the same, and that he was permitted, with the approbation of the trustecs for the time being, to reside in the said school-house. And these defendants further answering say, they believe that the said James Cookson was never, in fact, appointed master, and that he was not qualified so to be, according to the will of the said founder, he being in holy orders. And these defendants believe that the said Robert Steele did for a considerable time officiate as master of the said College, for which he received a salary of forty pounds, but whether he was not then or at some and what other time residing at and master of a school at Winchester, these defendants know not nor can set forth as to their belief or otherwise, but they have lately heard and believe that he is now master of a school at Alresford. And these defendants say that the said William Jolliffe was, during the period of the aforesaid transactions, the principal acting trustee and treasurer of the said charity: and these defendants say they have been informed and believe that the said William Jolliffe did charge the said master's salary in the said books, as paid to the said James Cookson for the said Robert Steele, and that the whole was, in fact, paid to and received by the said James Cookson, but as these defendants believe, to and for the use of the said Robert Steele, as before mentioned. And these defendants the trustees further answering say, they know not, nor can set forth as to their belief or otherwise, whether the said Robert Steele had or not for eleven years, or some other length of time previous to the time when his resignation was entered on the books of the said charity by the said trustees, actually executed a resignation bond, but refer his Majesty's Attorney-General or the said relators to such proof thereof as they may be able to adduce. And these defendants further answering say, they deny that from the said twenty-eighth day of October, one thousand seven hundred and sixty-one, down to the twentieth of June, one thousand eight hundred and seventeen, or during some other length of time, thirty-four boys were, contrary to the regulations of the will of the founder of the said charity, and in gross violation of the said Act of Parliament, actually admitted into and apprenticed out from the said College, and who were not at the respective times in the said information in that behalf stated, children of persons of or belonging to the said borough of Petersfield. And these defendants say, they have inspected and examined the schedule to the said information annexed and marked with the letter A, and believe the same is a true, correct, and accurate statement, as far as relates to the names of the boys, to the dates of their respective admissions, the time of their continuing in the said school, when discharged therefrom, when apprenticed, the premiums given on being so apprenticed, the allowances paid for clothing whilst under apprenticeship, and the allowances to go into business after apprenticeship expired, but whether the estimated expence as regards the clothing of the said boys is correct, these defendants refer to such proof thereof as may be produced by his Majesty's Attorney-General or the said relators. And these defendants deny that the said thirty-four boys, or any of them so named in the said schedule A, were admitted into the said College, and apprenticed therefrom, in violation of the will of the said Richard Churcher, or of the said Act of Parliament. And these defendants further answering say, they submit the said sum of one thousand four hundred and ninety-six pounds two shillings and eleven-pence, the amount set forth in the said schedule, or any other sum ought not to be repaid by these defendants the trustees, or any of them, to the said College funds. And these defendants the trustees say, that the number of boys now boarding and lodging in the said College, as the private scholars of this defendant George Dusautoy, is from thirty to forty; but all these defendants deny that such boys are so boarded and lodged, in exclusion of the boys on the said foundation, or that, for the accommodation of such boarders, a considerable or any expence has been improperly incurred by divers or any alterations in the premises and garden belonging to the said College, or that such alterations were made and done solely for the accommodation of the private scholars and boarders of this defendant George Dusautoy, or for any other purpose in respect thereto, without that there is any other matter or thing in the said information contained, material or effectual, in the law, for these defendants to make answer unto, and not herein well and sufficiently answered, avoided, traversed, or denied, is true, to the knowledge, remembrance, and belief of these defendants; all which matters and things these defendants are ready and willing to aver, justify, maintain, and prove, as this Honourable Court shall direct, and hereby pray to be hence dismissed with their reasonable costs and charges in this behalf most wrong. fully sustained. SAMUEL TWYFORD, WILLIAM JOHN JOLLIFFE, CHARLES E. TWYFORD, GEORGE DUSAUTOY. W. SKIRROW. This answer was taken, and the above-named defendant George R day of August, in the year of our Lord one thousand eight hundred and twenty, by virtue of the commission hereunto annexed before us, the several interlineations and erasures opposite to our initials having been first made, C. J. HECTOR, Commissioners. W. MITCHELL, S This answer was taken, and the above-named defendants Samuel Twyford and Charles Edward Twyford were duly sworn to the truth thereof upon the Holy Evangelists, at the house of the said Samuel Twyford, situate in the county of Sussex, on the tenth day of August, in the year of our Lord, one thousand eight hundred and twenty, by virtue of the commission hereunto annexed, before us, Answer of Defendants John Twyford Jolliffe and the Reverend Thomas Robert Jolliffe to amended infor mation. Sworn 15th of August, 1820. THE JOINT AND SEVERAL ANSWER of John Twyford Jolliffe, and the Reverend Thomas Robert Jolliffe, Clerk, two of the defendants to the information of his Majesty's Attorney-General, at the relation of Nathaniel Atcheson, Edward Patrick, Henry Clifton Atkinson, Samuel Andrews, the younger, John Mellersh, Thomas Chitty, James Andrews Minchin, James Calvert, George Leer, William Newman, John Chase, James Monk, and David Todman, Informants. THESE defendants saving and reserving to himself, and themselves, severally and respectively, every advantage of exception which can or may be had, and taken to the said information for answer thereto, or to so much thereof as these defendants are advised is in any wise material or necessary for them to make answer unto, they these defendants severally answering say, they believe and admit it to be true, that the testator, Richard Churcher, did make his last will and testament in writing of such date, purport, and effect, as in the said information set forth, and that he did thereby appoint Adam Churcher, since deceased, executor thereof; and that the said Adam Churcher duly proved the said will in the Prerogative Court of Canterbury; but for their greater certainty, as to the date, purport, or effect of the said will, these defendants crave leave to refer to the probate thereof, if the same shall be produced. And these defendants further answering say, they have been informed and believe it to be true, that soon after the death of the said testator a proper building was erected in the borough of Petersfield, as a college for the reception and entertainment of a master and scholars, according to the directions of the said will, and that the sum of five hundred pounds, given and bequeathed to the trus tees in that behalf, in the said information stated, was issued and applied in and for the building and completing of the said college; and that the remainder of the dividends which arose and were produced from the Bank Stock, before and until the said college was built and finished, were from time to time invested in the purchase of South Sea Annuities, and that the said stock so purchased, did make in the whole the sum of eight hundred pounds South Sea Annuity Stock, for the use of the charity, as in the said information in that behalf stated; and that, after the finishing and completing the said college, a master was appointed for the same, and that ten boys were at first taken into, entertained, and lodged in the said college, and that the number in or about the year one thousand seven hundred and thirty-two was increased to twelve; and they believe that the said Bank Stock, or South Sea Annuities, or some part thereof was applied for the purposes of the said charity; but what part, or how much thereof, the trustees, at the time in the said information in that behalf stated, applied for the maintenance and support of the said college, pursuant to the directions of the said testator, these defendants cannot to their knowledge, belief, or otherwise set forth. And this defendant John Twyford Jolliffe saith, he believes he was elected trustee of the said charity on or about the twenty-third of September one thousand eight hundred and seven, by Hylton Jolliffe, William John Jolliffe, and Richard Eyles, three other defendants to the said information; and this other defendant Thomas Robert Jolliffe saith, that he believes he was elected a trustee of the said charity, on or about the nineteenth of June one thousand eight hundred and fifteen, by the said Hylton Jolliffe, Samuel Twyford, Charles Edward Twyford, and William John Jolliffe, four other defendants to the said information. And these defendants say, that they cannot set forth to their knowledge, belief, or otherwise, what is become of the silver tankard in the said information mentioned, for the same was never in their or either of their custody or power, since they or either of them have or has been trustees or trustee of the said charity; but they are informed and believe that the picture of the said Richard Churcher is now in the said college, and in a good state of perservation. And these defendants further answering say, they have been informed, and believe it to be true, that an information was filed in or about the year one thousand seven hundred and thirty-five, as in the said information stated; and another information was filed in this Honourable Court, in or about the month of February, one thousand eight hundred and six, and that answers were put in to the said informations respectively; and that such proceedings, orders, and decrees were had and made in such suits as are in the said information in that behalf stated, and that, in pursuance of a decree bearing date on or about the twenty-eighth day of June, one thousand seven hundred and thirty-seven, the sum of three thousand pounds Bank Stock; and the said sum of eight hundred pounds South Sea Annuities, were transferred to, and vested in, John Hyland, Charles Cole, John Cowper, Thomas Bates, John Jolliffe, Norton Powlett, and John Radcliff, the persons in the said information, in that behalf particularly named, all of whom, these defendants believe, are long since dead. And these defendants say, they believe the said seven persons, were at the time, in the said information in that behalf stated, trustees of the said charity; and that the said sum of three thousand pounds Bank Stock, and eight hundred pounds South Sea Annuities, were standing in the names of the said trustees, for the purposes stated in the said information, in the transfer books of the Bank of England and South Sea Company respectively. And these defendants say, they admit that an Act of Parliament was passed of such date, purport, and effect, as in the said information stated; and that there was annexed to the said Act, a schedule, containing such orders, rules, and regulations, as are in the said information in that behalf set forth; but for their greater certainty as to the date, purport, or effect, and the true intent and meaning of the said Act, these defendants crave leave to refer thereto, when the same shall be produced. And these defendants further answering say, they have been informed and believe it to be true, that the said Bank Stock and South Sea Annuities were placed in the names of the persons as trustees at the time in the said information in that behalf stated; and that the yearly income and dividends arising from such stock, were regularly received by the different trustees for the time being, for the purposes of the said charity; and that such decree and order were afterwards made by this Honourable Court, bearing date the thirty-first day of March, one thousand eight hundred and six, as in the said information in that behalf stated, touching the said stock. And these defendants further answering say, they have been informed and believe it to be true; that the said Thomas Samuel Jolliffe did, in pursuance of such last-mentioned order and decree, transfer into the name of the Accountant-General of this Honourable Court the several sums of stock as in the said information in that behalf particularly stated; but for their greater certainty, these defendants crave leave to refer to such order and decree, and other proceedings had, when the same shall be produced. And these defendants further say, they have been informed and believe it to be true, that, from the year one thousand eight hundred and six down to the present period, there has been a considerable balance in cash amounting as they have been lately informed in the whole to the sum of one thousand five hundred and eighty pounds, seventeen shillings, and eleven pence, or thereabouts, lying unproductive in the hands of the said Accountant-General; and that an order has been lately obtained for investing the said sum for the purposes of the said charity. And these defendants say, they never received, or became possessed of any of the stocks, or funds, or the dividends, interest, or produce therefrom, belonging to the said charity; but they believe that Hylton Jolliffe, another defendant to the said information, did, from the year one thousand eight hundred and six to the year one thousand eight hundred and sixteen, annually receive the sum of two hundred and eighty-nine pounds, nine shillings, and two pence, or thereabouts; and that from the year one thousand eight hundred and sixteen to the present time, the sum of two hundred and ninety-five pounds, fourteen shillings, and eight pence, and no more, which last sum, was, as these defendants believe, the whole annual amount of the dividends at the time when the last-mentioned order and decree were made; and that the increase of the said annual dividends had been occasioned by the increase of interest on the said Bank Stock, from seven per centum to ten per centum, since the year one thousand eight hundred and six, and the several bonusses made in respect of such stock. And these defendants further answering say, they believe the reason why the said balance in cash has been lying unproductive in the hands of the said Accountant-General, and the whole of the annual dividends not paid to the said defendants, the trustees of the said charity, for the purposes of the said charity, are, that they were ignorant till lately of there being any surplus in the hands of the said Accountant-General; and that they could together with the other trustees, by an application to this Honourable Court, have had the said balance in cash invested, and the interest thereof, together with the surplus dividends, applied for the purposes of the said charity; and these defendants admit, that the said balance in cash ought to be invested in some stock so as to produce interest in aid of the said charity and for the purposes thereof. And these defendants further answering say, they deny that the rules and regulations in the said Act mentioned, and the directions and instructions of the founder, in the said information in that behalf stated, have been wholly neglected; but they admit they may have been in some instances departed from, and in particular with regard to boarding and lodging the said boys; but then these defendants say, they have been informed and believe it to be true, that the funds of the said charity received by the said defendants, the trustees, or the treasurer, as hereinafter mentioned have been at all times inadequate for such purposes. And these defendants say, they deny that any buildings have been erected but such as were absolutely necessary; but they admit that, in the year one thousand eight hundred and twelve, part of the school, and part of the house belonging thereto, and the garden-wall being in a ruinous and dilapidated state, the same were rebuilt by the direction of Hylton Jolliffe, Samuel Twyford, and Richard Eyles, since deceased. And these defendants further answering say, they have been informed and believe it to be true, that Richard Figg was appointed master of the said school in or about the month of February, one thousand seven hundred and fifty-six; and they admit that he was a layman, and continued master until the time of his death, which happened at the end of the year one thousand seven hundred and eighty-three; and that soon after his death, that is to say on or about the thirty-first day of January one thousand seven hundred and eighty-four, Robert Steele was appointed master of the said school, and that he was so appointed by the Earl of Clanricarde, William Jolliffe, and John Missing, all since deceased, and Thomas Samuel Jolliffe, another defendant to the said information, who were in the said years one thousand seven hundred and eighty |