BETWEEN his Majesty's Attorney-General, at the
relation of Nathaniel Atcheson and others, In-
formants; Hylton Jolliffe and others, Defendants.

IN PURSUANCE of an order of the High Court of Chancery, bearing Report on Exdate the twenty-third day of November one thousand eight hundred and ceptions, 23d twenty, whereby it is referred to me to look into the relators' amended in- March 1821. formation, the said defendant's answer, and the relators' exceptions taken thereto, and certify whether the defendant's said answer is sufficient in the points excepted unto or not, I have been attended by the respective solicitors for the said relators and defendant and by counsel for both parties, and upon perusing and considering the said amended information, answer, and exceptions, I conceive the said defendant's answer to be insufficient in the points excepted unto by the said informants' third, fourth, eighth, tenth, eleventh, twenty-eighth, twenty-ninth, thirtieth, thirty-first, thirtysecond, and thirty-third exceptions; all which I humbly certify and submit to this Honourable Court.

SAMUEL C. COX.

The further ANSWER of Hylton Jolliffe, one
of the defendants to the amended Information of
His Majesty's Attorney-General, at the relation of
Nathaniel Atcheson, Edward Patrick, Henry Clif-
ton Atkinson, Samuel Andrews, the younger, John
Mellersh, Thomas Chitty, James Andrews Min-
chin, James Calvert, George Leer, William New,
man, John Chase, James Monk, and David Tod-
man,-Informants.

THIS defendant, saving and reserving to himself, as in and by his former Further Answer
answer he hath saved and reserved for further answer to the said inform- of Defendant
ants' said amended information, or to so much thereof as he this defendant Hylton Jolliffe
is advised is necessary or material for him to make answer unto, he, this to amended In-
defendant, answering saith, he cannot set forth as to his knowledge, belief, formation,
or otherwise, except as hereinafter mentioned, whether there have or not sworn 10th
been erected some or any buildings out of the said charity funds, prior to May 1821.
the time of this defendant's being appointed a trustee of the said charity,
but this defendant saith, that, except as hereinafter mentioned, no build-
ings have been erected since this defendant has been a trustee of the said
charity. And this defendant saith, that he hath, to the best of his know-
ledge, information, and belief, in the Schedule to this his further answer
annexed, and which he prays may be taken as part thereof, set forth a full
and true account of the repairs done to the said college, and to what amount,
and when, and by whose order, in particular; and that he has also set forth
in the said schedule an account of what part of the said college, or of the
said premises belonging to the said charity, was let out to lodgers, and
who, by name, and at what rents, and to whom such rents were paid, or
how disposed of or applied. And this defendant further answering saith,
he has heard, and believes it to be true, that the said John Twyford Jolliffe
never attended or was present at any meeting of the said trustees during
the period in the said information in that behalf particularly mentioned,
that is to say, from the time of his being so nominated as trustee in one
thousand eight hundred and seven, until the month of December, one
thousand eight hundred and eighteen, and that the said Thomas Samuel
Jolliffe never attended or was present at any meeting of the said trustees
during the period in the said information in that behalf particularly men-
tioned (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. And this defendant saith, that he has heard

-

and believes it to be true, that the allowances for the board and lodging of the boys on the foundation of the said college were discontinued from the year one thousand seven hundred and forty-seven to the present time, to the period of this defendant being appointed a trustee, viz. in the year one thousand seven hundred and ninety-four; and saith, that the same have been since discontinued, by reason of the insufficiency of the funds for such purpose. And this defendant saith, he hath been informed and believes it to be true, that, during the time the said James Cookson so held the said mastership, no part of the said college was ever let to lodgers, but this defendant is informed, and believes that, during the time William Trimmings so held the said mastership, the said college, or some part thereof, was let to females, that is to say, -Dusautoy, Wheatley, — King, and Trimmings, who respectively and at different periods kept a school for the education of girls. And this defendant saith, that he did himself, with his wife and brother, the defendant William John Jolliffe, once for about three weeks lodge in and occupy four front rooms and two back chambers, the kitchen, cellar, and wash-house, in the said college. And this defendant further answering saith, he hath heard and believes, that the large schoolroom was erected in or about the year one thousand seven hundred and sixty-two, and was paid for out of the funds of the said charity, or some part thereof. And this defendant saith, he believes that the said college boys themselves were always taught during the time the said James Cookson and William Trimmings so held the said mastership in the large schoolroom, and not in a small room adjoining or near thereto, and not in a new room by an ordinary usher, but this defendant saith he hath been informed and believes it to be true that the said James Cookson did sometimes employ a proper person to assist him in teaching the said boys, and that the said William Trimmings always taught them himself, and that since the said George Dusautoy has been master of the said school, this defendant believes he the said George Dusautoy has himself taught and instructed the said college boys, and in the said large school-room; without that there is any other matter, cause, or thing in the complainant's said bill of complaint contained material or effectual in the law for this defendant to make answer unto, and not herein and hereby well and sufficiently answered and confessed, or avoided, traversed, or denied, is true, to the knowledge, remembrance, and belief of this defendant, all which matters and things this defendant is ready and willing to aver, justify, maintain, and prove, as this Honourable Court shall direct, and humbly prays to be hence dismissed, with his reasonable costs and charges in this behalf most wrongfully sus

tained.

HYLTON JOLLIFFE.

WALKER SKIRROW.

(The Schedule above referred to.)

The following resolutions and order appear by the college books:17th July, 1812.-Ordered, that an estimate be delivered in for rebuilding that part of the garden wall which is out of repair, and that the same be rebuilt that the whole outside of the house and rails be painted twice over: that the roof of the house be surveyed, and an estimate of the repairs wanting be delivered to the trustees. (Signed) Hylton Jolliffe, Samuel Twyford, Richard Eyles.

13th February, 1815.-Ordered, that according to the estimate given by William Mundy, the yard and school-gates be done on the college account. (Signed) Hylton Jolliffe, Samuel Twyford, Charles Edward Twyford, William John Jolliffe.

14th October, 1816.-Ordered, that the bills according to estimate for repairs of the college be paid, amounting to seventy-five pounds twelve shillings and tenpence. (Signed) Hylton Jolliffe, Samuel Twyford, Charles Edward Twyford.

The following payments appear by the college accounts to have been made for repairs

1813. William Newman, for repairs

William Newman, as per bill

£1 19

4

William Mundy, as per bill
John Richardson, ditto
Henry Cowley, ditto
Alexander Outridge, ditto

1817. John Richardson,

ditto

During the time Mr. Trimmings was master, he let part of the college
and premises to the following persons, and upon the following terms, and
retained the several rents to his own use:-Mr. Holmwood, for about two
years, at ten shillings and sixpence per week.-Mrs.
had one

chamber for a few days, at
per week.-Mrs.
Heathcote the same apartments Mr. Holmwood had, for about five or six
weeks, at ten shillings and sixpence per week.-The defendant Hylton
Jolliffe and his late wife, and the Reverend William John Jolliffe, had four
front rooms, two back chambers, the kitchen, cellar, and use of the wash-
house, for about three weeks, for which the defendant Hylton Jolliffe paid
some acknowledgment, the amount of which he does not recollect, on
going away, but no agreement was entered into as to the amount.-Mrs.
Coles, for about one year, at ten shillings and sixpence per week.—Miss
Dusautoy, for ditto, at about thirty pounds per annum.—]
-Mrs. Wheatley,
for about three months, at ten shillings and sixpence per week.-Miss
King, for about one year, at thirty pounds per annum.-Mrs. Louch had all
the front part of the house, for about one year and an half, at about one
guinea per week.

HYLTON JOLLIFFE.

INTERROGATORIES to be administered to Wit-
nesses to be produced, sworn, and examined in a
certain Cause now depending and at issue in the
High Court of Chancery, wherein His Majesty's
Attorney-General, at the Relation of Nathaniel
Atcheson, Esquire, Edward Patrick, Esquire,
Henry Clifton Atkinson, Gentleman, Samuel An-
drews the Younger, Gentleman, John Mellersh,
Gentleman, Thomas Chitty, Gentleman, James
Andrews Minchin, Builder, James Calvert, Mercer,
George Leer, Brewer, William Newman, Glazier,
John Chase, Grocer, James Monk, Grocer, and Da-
vid Todman, Smith, Inhabitants of the Borough of
Petersfield, in the County of Southampton, Com-
plainants; and Hylton Jolliffe, Esquire, Thomas
Samuel Jolliffe, John Twyford Jolliffe, The Re-
verend William John Jolliffe, Clerk, The Re-
verend Thomas Robert Jolliffe, Samuel Twyford,
and The Reverend Charles Edward Twyford,
Clerk, the Trustees of Churcher's College, Peters-
field, and George Dusautoy, the present Master of
it, Defendants, on the part and behalf of the said
Complainants.

FIRST INTERROGATORY.-Do you know the parties, complainants and de- Interrogatories.
fendants, in the title of these interrogatories named, any or either, and
which of them, and how long have you known them respectively? De-
clare the truth of the several matters by these interrogatories enquired
after, according to the best of your knowledge, remembrance, and
belief.

Ꭲ

SECOND INTERROGATORY.-Were you at any time, and when, chosen and appointed to the mastership of Churcher's College, in the pleadings in this cause mentioned? If yea, set forth how and in what manner, and by whom you was so elected or appointed such master, and how long you continued in the office or situation of master of the said college. Did you reside in the said college during the whole or any and what period of the time in which you so acted as master, or were you occasionally absent, and for how long a period? Declare, &c. THIRD INTERROGATORY.-What was the salary attached to the office of master, and what were the duties? How many hours in the day did you devote to the scholars? What were the regular school hours, and what was the course of education and instruction pursued in the said school or college? Set forth the same as fully and particularly as you are able.

FOURTH INTERROGATORY.-Was any and what sum of money in particular allowed out of the funds of the said charity for stationery, books and clothing, and other and what necessaries in particular, for the objects of the said charity, and had you the distribution thereof? If so, set forth the particulars of all such allowances, and how and in what manner the same were distributed, and when. Were you, during the time you acted as master of the said college, assisted by any person, and who, by name, in the duties of your office, in the nature of an usher or assistant in teaching the boys, and how long a time did such person continue in that situation? Was the religious education of the boys strictly, or in any and what manner, attended to, and were they in the habit of constantly, or how often, attending divine service, and at what church? Were the boys upon the said foundation, and at the said school, allowed any and what holydays? Were such holydays at fixed and stated periods, or were the boys in the habit of absenting themselves from school at any and what times beyond those regularly allowed to them? Declare, &c. FIFTH INTERROGATORY.-Is there, or was there during the time you so acted as master, a school-room, or any and what room in particular, in which the boys were taught and instructed? In what part of the college is such room situated, and were the boys regularly assembled in that room to be taught, or in any and what other place or room? Was any attention paid to the cleanliness of the boys, and were they properly, or in what manner in particular, clothed, and were they then decent and clean in their appearance, and was there any person in particular whose duty it was to attend to them in these particulars? Were you in the habit of occasionally employing any and which of the boys of the said college in working and digging in the garden, or in ploughing or doing any and what other work for you? Declare, &c.

SIXTH INTERROGATORY.-Are you acquainted with the nature of the qua lification which is required in order to be admitted as a scholar to the said college? If yea, set forth the same fully and particularly, and whether all the boys who were admitted during the period in which you so acted as master were so duly qualified, or which and how many, and who, by name, were admitted who were not duly qualified. Did the trustees hold any regular meetings during the period you so acted as master and resided in the said college, or how often did they meet, and where, and by how many trustees were the same generally attended, and were any and which of such meetings attended at any time and when in particular by the said defendants, or either and which of them? Declare, &c.

SEVENTH INTERROGATORY.-Did you, during any and what part of the time when you so acted as master of and was residing in the said College, pay any and what parochial or other rates in particular, or any taxes in respect of the said College, or any and what part thereof? If yea, set forth the particulars of all such rates and taxes, and for what the same were paid, and to what amount. Declare, &c. EIGHTH INTERROGATORY.-Do you know, or are you acquainted with, Robert Steele, in the pleadings in this cause named? If so, how long have you known him? Was he ever employed, and when, to act as

master in the said school or College, or in the nature of usher or assistant, or in any other capacity, in and about the said school or College? Was he so employed by you and when? Did you first employ him, or by whom else was he so employed? Did he reside in the said school or College, and in what part thereof, and for how long a time? Did you pay, or who else did, any and what salary, and to what amount in particular, or any gift or remuneration or compensation for his services, and up to and for what period of time; and did you pay, or did he receive, any sum of money for such services or otherwise after the month of January, one thousand seven hundred and eighty-five? Declare, &c. NINTH INTERROGATORY.-Did the said Mr. Steele at any time, and when in particular, and at whose suggestion, and by whose desire, execute any and what instrument in the nature of a bond or undertaking, to resign the office of master of the said College? If so, set forth when and upon what occasion such bond or other instrument was executed, and in whose presence, and when and where. Did you or not, in consequence thereof or otherwise, and how, officiate as master of the said school and College, and for how long, and where did you go to reside after you quitted the same? Declare, &c.

TENTH INTERROGATORY.-What was the state and condition of the said College and premises belonging thereto during the period in which you was so employed and acted as master of the same, with respect to repairing? Was the same at any and what time in a ruinous condition, for want of being put into good and tenantable repair? and was any estimate or estimates made and taken for such repairs, and were any and what workmen at any time, and when and by whom and by whose order and direction employed to repair and make any new or additional buildings, or any and what alterations in and about the same? If so, set forth a particular account of such reparations, buildings, alterations, or improvements so made in and about the said school or College and premises, and whether the same were necessary or proper to be done for the purposes or objects of the said charity, or how otherwise and by whom were the same ordered, and at whose expence. Declare, &c. ELEVENTH INTERROGATORY.- -Was the house wherein the master of the said school or College resided, furnished in any and what respect by yourself, or was it furnished by and at the expence of the said trustees, or either and which of them, out of the funds of the said charity, or how otherwise? If so, set forth as fully and particularly as you are able of what the furniture, so furnished by and out of the said charity funds, consisted, and particularly whether there was not a picture or portrait of the founder of the said College, and also an old silver tankard belonging to the said College, during the time you was so employed and acted as master of the same, and were such picture and tankard left there by you, or when did you last see the same or either of them, and what is or are become thereof. Declare, &c.

TWELFTH INTERROGATORY.-Did you know, or were you acquainted with, Richard Figg, in the pleadings in this cause named, and how long did you know him? Was the said Richard Figg at any time and when employed, or did he act and officiate as the master of the said College for any or how long a time? If so, set forth how and when and in what manner he was so appointed. Were you at any time, and when and for how long a time, employed as assistant or usher, or how otherwise by him, during the time he was so employed or acted as the master; and was any other, and who by name, at the same time, employed as usher or assistant, and to instruct the boys upon the said foundation, or any and which of them? Did not the said Richard Figg take in some and what boys, who were not admitted as scholars of the said College, as private boarders? and were such private boarders permitted to mix with the boys of the said foundation, and if not, why and for what reason? Were not such private boarders instructed and taught in a room separate and apart from the foundation boys, and was there not a room built, and by whose order, and at whose expence, for that purpose, and was not such room exclusively appropriated to the private boarders or scholars of the said