Samuel Jolliffe, William John Jolliffe, Samuel Twyford, Charles Edward Twyford, and this defendant Thomas Robert Jolliffe, and that an order was made and entered in a book to that effect, and signed by the said trustees. And these defendants further answering say, they admit it to be true that the said Henry Goldring was dismissed, in consequence of the trustees, or some of them, finding that he was not the son of a parishioner; and that they the said trustees had, on the admission of the said Henry Goldring, been imposed upon by the evidence of a person who, in their judgment, was best able to prove the claims of the said Henry Goldring to the benefit of the said charity. And these defendants further answering say, they believe that the said defendant George Dusautoy hath, ever since he hath been master of the said school, endeavoured, to the best of his power, to instruct the said boys in useful learning, and has paid due regard to their religious education; and that the said boys attend at the school room every Sunday morning, when they say by heart the collect for the day, read the lessons and psalms, and repeat the church catechism; and that they are always attended to church, where they go decently and properly dressed, by the said George Dusautoy, or his assistant, and that, since the appointment of the said George Dusautoy as schoolmaster, he has kept a daily account, and entered in a book for such purposes, a statement of the names of the boys who attended at the said school, their behaviour while there, and the progress that such boys make in learning. And these defendants say they are informed and believe that the said George Dusautoy has now under his care from thirty to forty boarders, but they 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 expense 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 the said George Dusautoy, or for any other purpose in respect thereto. And these defendants deny all and all manner of unlawful combination wherewith they are charged, without that there is any other matter, cause, or thing, in the said information contained, material or effectual in the law, for these defendants, to make answer unto, and not herein and hereby well and sufficiently answered, avoided, traversed, or denied, is true to the knowledge, remembrance, information, and belief of these defendants; all which matters and things they are ready and willing to aver, justify and maintain, and prove as this Honourable Court shall direct, and humbly pray to be hence dismissed, with their reasonable costs and charges in the law in this behalf most wrongfully sustained.

WALKER SKIRROW.

JOHN TWYFORD JOLLIFFE. THOS. R. JOLLIFFE.

This answer was taken, and the above-named defendants, John Twyford Jolliffe, and the Reverend Thomas Robert Jolliffe, clerk, were severally sworn to the truth thereof upon the Holy Evangelists, at the house of Thomas Samuel Jolliffe, situate at Ammerdown, in the parish of Kilmersdon, in the county of Somerset, on the ninth day of August, in the first year of the reign of his Majesty King George the Fourth, and in the year of our Lord one thousand eight hundred and twenty, by virtue of the commission hereunto annexed.

Before us,

NATHANIEL BAYLEY.
ROBERT SAVAGE.

BETWEEN His Majesty's Attorney-General, at the relation of Nathaniel Atcheson, of Petersfield, in the county of Southampton, Esquire, Edward Patrick, of the same place, Esquire, Henry Clifton Atkinson, of the same place, Gentleman, Samuel

Andrews, the younger, of the same place, Gentle-
man, John Mellersh, of the same place, Gentle-
man, Thomas Chitty, of the same place, Gentleman,
James Andrews Minchin, of the same place, Builder,
James Calvert, of the same place, Mercer, George
Leer, of the same place, Brewer, William New-
man, of the same place, Glazier, John Chase, of
the same place, Grocer, James Monk, of the same
place, Grocer, and David Todman, of the same
place, Smith, Plaintiffs, and Hylton Jolliffe, Es-
quire, The Reverend William John Jolliffe, Clerk,
Thomas Samuel Jolliffe, Esquire, John Twyford
Jolliffe, Esquire, The Reverend Thomas Robert
Jolliffe, Clerk, Samuel Twyford, Esquire, and the
Reverend Charles Edward Twyford, Clerk, Trus-
tees of Churcher's College, in Petersfield aforesaid,
and George Dusautoy, Master of the said College,
Defendants.

EXCEPTIONS taken by the Complainants to the insufficient Answer of the Defendant Hylton Jolliffe.

FIRST EXCEPTION. For that the said defendant has not, in and by his Exceptions. said answer, to the best of his knowledge, remembrance, information and belief, set forth and discovered whether the silver tankard of the said testator Richard Churcher, directed by his said will to remain as a standard in the same college for ever, was or not deposited therein by the then trustees.

SECOND EXCEPTION.-For that the said defendant has not, in manner aforesaid, answered and set forth whether any advantage was derived to the said charity by such proceeding as in the said information mentioned, of filing such information as therein mentioned.

THIRD EXCEPTION.-For that the said defendant has not, in manner aforesaid, answered, set forth and discovered whether there have or not been erected some and what buildings out of the said charity funds, and of what description.

FOURTH EXCEPTION.-For that the said defendant has not, in manner aforesaid, answered and set forth whether there were or not some repairs done to the said college, and to what amount, and when, and by whose order in particular.

FIFTH EXCEPTION.-For that the said defendant has not, in manner aforesaid, answered and set forth whether or not by any order made at any meeting of the said trustees, and if so, who by name were present thereat or signed such order, and where does such order appear.

SIXTH EXCEPTION.-For that the said defendant has not, in manner aforesaid, answered and set forth whether the expenses of such or some and what repairs ought, according to the regulations of the said college, to have been allowed.

SEVENTH EXCEPTION.-For that the said defendant has not, in manner aforesaid, answered and set forth whether they were not, or some and which of them improperly and irregularly allowed, and by what number of trustees, and who by name, and when respectively.

EIGHTH EXCEPTION.-For that the said defendant has not, in manner aforesaid, answered and set forth whether or not some and what part thereof, or of the premises belonging to the said charity was not let out to lodgers, and who by name, and at what rents, and to whom were such rents paid, or how disposed of or applied.

NINTH EXCEPTION.-For that the said defendant has not, in manner aforesaid, answered and set forth, whether the said defendant Hylton Jolliffe, and the said Reverend Charles Edward Twyford, and John Twyford Jolliffe, were or not duly and properly appointed by a majority of the then trustees, or by what number of trustees were they so appointed.

TENTH EXCEPTION.-For that the said defendant has not, in manner aforesaid, answered and set forth, whether or not the said John Twyford Jolliffe ever attended or was present at any meeting of the said trustees, during the period in the said information particularly mentioned (that is to say), from the time of his being so nominated a trustee in one thousand eight hundred and seven, until the month of December, one thousand eight hundred and eighteen.

ELEVENTH EXCEPTION.-For that the said defendant has not, in manner aforesaid, answered and set forth,whether or not the said Thomas Samuel Jolliffe ever attended or was present at any meeting of the said trustees, during the period in the said information particularly mentioned (that is to say), from the twelfth day of February, one thousand seven hundred and eighty-five, to the nineteenth day of June, one thousand eight hundred and eighteen. TWELFTH EXCEPTION.-For that the said defendant has not, in manner aforesaid, answered and set forth, whether there are or not at this time, or lately, and when were not funds sufficient for all, or some, and what part of the purposes of the said charity, provided such funds had been properly managed. THIRTEENTH EXCEPTION. For that the said defendant has not, in manner aforesaid, answered and set forth, whether very gross mismanagement and neglect had not for many, or some, and what number of years taken place, with regard to the funds of the said charity, or some, and what part thereof, by the different trustees, in whose names the said several trust funds have been permitted from time to time to remain.

FOURTEENTH EXCEPTION. -For that the said defendant has not, in manner aforesaid, answered and set forth, whether the said defendants, or some, or one, and which of them, did not by the permission, and with the knowledge and consent of their co-trustees for the time being, or otherwise, retain in his, or their own hands, very large, or some, and what balances, which were left after payment of the annual expenditure of the said charity.

FIFTEENTH EXCEPTION.-For that the said defendant has not, in manner aforesaid, answered and set forth, whether all, or some, and what part of such balances ought not to have been laid out, and improved for the benefit of the said charity, or how otherwise disposed of, and if not, why and for what reason. SIXTEENTH EXCEPTION.-For that the said defendant has not, in manner aforesaid, answered and set forth, whether there was or not, during the whole, or some, and what part of the period in which the said William Jolliffe so acted, and received the dividends of the said trust funds, at the end of each and every year, or at the end of some, or one, and which of them, after all the charges and expences of the said charity had been defrayed, a surplus balance of eight hundred and seventy-two pounds five shillings and elevenpence, annually, upon an average, or some, and what other average balance.

SEVENTEENTH EXCEPTION.-For that the said defendant has not, in manner aforesaid, answered and set forth, whether the said William Jolliffe did not retain the same, or some, and what part thereof in his own hands, instead of placing out the same at interest for the benefit of the said charity.

EIGHTEENTH EXCEPTION.-For that the said defendant has not, in manner aforesaid, answered and set forth whether some and what loss has not been thereby incurred to the said charity, up to the year ending one thousand eight hundred and two, or up to some and what other time, to the amount of three thousand and sixty-four pounds eighteen shillings and seven-pence, or thereabouts, or some and what other sum, calculating the interest upon the said balance at the end of each year, at simple interest only.

NINETEENTH EXCEPTION.-For the said defendant has not, in manner aforesaid, answered and set forth whether or not of the sum of four thousand three hundred and three pounds eleven shillings and seven-pence, or thereabouts, or some and what other sum, calculating the same at compound interest, or how otherwise.

TWENTIETH EXCEPTION.-For that the said defendant has not, in manner aforesaid, answered and set forth whether the amount of the said last-men

tioned balance, or some and what other balance, doth not still remain due and owing to the said charity from the estate of the said William Jolliffe deceased. TWENTY-FIRST EXCEPTION.-For that the said defendant has not, in manner aforesaid, answered and set forth whether the same ought not to have been paid by his said executor after his decease in one thousand eight hundred and two.

TWENTY-SECOND EXCEPTION.-For that the said defendant has not, in manner aforesaid, answered and set forth whether the same was in fact ever and when paid or accounted for, and how and in what manner.

TWENTY-THIRD EXCEPTION.-For that the said defendant has not, in manner aforesaid answered and set forth whether it ought not to have been paid and placed out at interest.

TWENTY-FOURTH EXCEPTION.-For that the said defendant has not, in manner aforesaid, answered and set forth whether, if it had so been, it would not at the end of the said year one thousand eight hundred and eighteen have amounted at simple interest to the said sum of five thousand three hundred and sixty-three pounds twelve shillings and four-pence, or some and what other sum, and at compound interest to the said sum of eight thousand nine hundred and fifty-seven pounds eighteen shillings and nine-pence, or some and what other sum.

TWENTY-FIFTH EXCEPTION.—For that the said defendant has not, in manner aforesaid, answered and set forth whether the said sum of eight thousand nine hundred and fifty-seven pounds eighteen shillings and ninepence, or some and what other sum, has not by the wilful neglect of the said defendants the trustees, or some or one and which of them, been wholly or in what manner lost to the said charity, or how otherwise.

TWENTY-SIXTH EXCEPTION.-For that the said defendant has not, in manner aforesaid, answered and set forth whether he the said defendant Hylton Jolliffe did or not continue from the time in the said information in that behalf mentioned, or some and what other time, down to the end of the said year one thousand eight hundred and six, or at some and what other time to receive the said dividends, or how otherwise.

TWENTY-SEVENTH EXCEPTION.-For that the said defendant has not, in manner aforesaid, answered and set forth, whether the objects of the said charity would not have been greatly advanced and increased, had it not been for such negligence of the said trustees, as in the said information mentioned.

TWENTY-EIGHTH EXCEPTION.-For that the said defendant has not, in manner aforesaid, answered and set forth, whether or not the said allowances for the board and lodging of the said boys, on the foundation of the said college, have not been discontinued from the year one thousand seven hundred and forty-seven down to the present time.

TWENTY-NINTH EXCEPTION.-For that the said defendant has not, in manner aforesaid, answered and set forth, whether or not, during the time when the said James Cookson and William Trimmings so held the said mastership, or at some and what other time, the said college, or some and what part thereof, was not frequently and when let to lodgers.

THIRTIETH EXCEPTION.-For that the said defendant has not, in manner aforesaid, answered and set forth, whether or not during the respective times when the said James Cookson and William Trimmings so held the said mastership, or at some and what other times or time, the same was not let to some and what females who kept schools for the education of girls, or how otherwise.

THIRTY-FIRST EXCEPTION.-For that the said defendant has not, in manner aforesaid, answered and set forth, whether he the said defendant Hylton Jolliffe has or not been frequently in the habit himself of lodging in and occupying some and what rooms in the said college.

THIRTY-SECOND EXCEPTION.-For that the said defendant has not, in manner aforesaid, answered and set forth, whether the large school room so erected as in the said information mentioned was or not paid for out of the funds of the said charity, or some and what part thereof.

THIRTY-THIRD EXCEPTION.-For that the said defendant has not, in manner aforesaid, answered and set forth, whether the college boys them

selves were or not taught in a small or some and what room adjoining or near thereto, and not in the said new room, by an ordinary or some and what usher, and who by name.

THIRTY-FOURTH EXCEPTION.-For that the said defendant has not, in manner aforesaid, answered and set forth whether the name of the said Robert Steele was or not and why continued on the books during the period in the said information mentioned, or some and what part thereof, as nominal master merely for the purpose of concealing such a flagrant breach of the said trust, or for some and what other purpose, or how otherwise.

THIRTY-FIFTH EXCEPTION. For that the said defendant has not, in manner aforesaid, answered and set forth whether or not the whole, or some and what part, of the salary standing in the books of the said college, as paid to the said James Cookson, for the said Robert Steele, was not in fact paid to and received by the said James Cookson himself, to and for his own use, or how otherwise.

THIRTY-SIXTH EXCEPTION.-For that the said defendant has not, in manner aforesaid, answered and set forth whether the said Robert Steele had not for eleven years, or some and what 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, or how otherwise.

THIRTY-SEVENTH EXCEPTION.-For that the said defendant has not, in manner aforesaid, set forth a true and correct list of the names of the boys who are now boarded and lodged in the said premises belonging to the said college, and who are not sons of freemen of the said borough.

THIRTY-EIGHTH EXCEPTION.-For that the said defendant has not, in manner aforesaid, set forth and discovered where and in whose custody possession or power the title-deeds relating to the said college, and the premises and appurtenances thereunto belonging, and the several books of accounts and writings in any wise relating to the said charitable donation, and the orders and proceedings of the trustees respecting the same

now are.

In all which particulars the said complainants are advised that the said answer of the said defendant Hylton Jolliffe, is evasive and insufficient, and therefore pray that the said defendant may put in a better answer thereunto.

Vice-ChancelJor, 23d Nov. 1820.

Order on Exceptions.

THURSDAY, the twenty-third day of November, in the first year of the reign of his Majesty King George the Fourth, one thousand eight hundred and twenty, between his Majesty's Attorney-General, at the relation of Nathaniel Atcheson and others, Informants; Hylton Jolliffe, and others, Defendants.

FORASMUCH as this Court was this present day informed by Mr. Wrottesley, of counsel for the relators, that the relators having taken exceptions to the insufficiency of the answer of the defendant Hylton Jolliffe to the amended information the said defendant has not amended his said answer within the time limited for the purpose, IT IS THEREUPON ORDERED, that it be referred to Mr. Cor, one of the Masters of this Court, to look into the relators' amended information, the said defendant's said answer, and the relators' exceptions taken thereto, and to examine and certify whether the said defendant's said answer is sufficient in the points excepted unto or not.