the acting Trustee and Treasurer of this Charity, has himself allowed annual cash balances to accumulate in his hands, from the dividends of the College, which from the great increase in the value of Bank stock, were more than double what they had been, in his father's time. Is it necessary to say, that the Charity was by this conduct most seriously and extensively injured? Without entering into the question of what, in common justice, was due to it, from the estate of Mr. William Jolliffe, for the interest of the annual balances, which he made use of for thirty-three years, can it be denied, that his son, Mr. Hylton Jolliffe, ought, instantly, upon his father's death, if possessed of bare assets, to have paid to the credit of the Charity the balance of 1,650l. and invested it, so as to have given the Charity the benefit of its interest? And, considering, how entirely the interests of the establishment were committed to HIS charge, by HIS SIX CO-TRUSTEES, would it have been any very great stretch of disinterestedness, if he had so far preferred the good of the Charity, to his own convenience, as to have given it the use of its own annual balances, by funding them at the close of each year? How far his Co-Trustees can excuse themselves, on the plea of ignorance, or of the duration of the custom, we leave the impartial to determine.

In the year 1806, the Trustees consisted of Mr. Thomas Samuel Jolliffe, who had been regularly appointed in 1769, (but had never attended any meetings of the Trustces after the 12th February, 1785, as he resided at a great distance from Petersfield) and six other persons of the family of Jolliffe, or their immediate relations, connexions, and agents, all of whom had been irregularly appointed at the times affixed to their names.

Capt. Joseph Eyles, R. N. 29 Nov. 1794 September, 1807

These were the acting Trustees in 1806, when Mr. Hylton Jolliffe filed, in Hilary term, the information against

his uncle, Mr. Thomas Samuel Jolliffe, in which it was stated, that the latter was the SOLE surviving Trustee of this Charity!

These Trustees, except the first, were irregularly elected, in the following manner:

*

Mr. TOOKER was elected by three only out of the six surviving Trustees. From 1782 to his death in 1815, he does not appear to have attended a single meeting of the Trustees, or to have taken any part in their proceedings.

RICHARD EYLES, yeoman, was elected by only two out of the five then continuing Trusteest.

MR. HYLTON JOLLIFFE and CAPTAIN JOSEPH EYLES were appointed Trustees by two only, out of the five continuing Trustees.

THE REV. WILLIAM JOHN JOLLIFFE was appointed by four out of the six continuing Trustees, but three of these, Mr. Richard Eyles, Mr. Hylton Jolliffe, and Captain Eyles, had themselves been irregularly elected§.

And MR. SAMUEL TWYFORD || was chosen a Trustee in the room of the late Mr. William Jolliffe, by three only out of the six continuing Trustees, and these three, Mr. Richard Eyles, the Rev. W. J. Jolliffe, and Captain Joseph Eyles were irregularly elected!

So that in fact, Mr. Thomas Samuel Jolliffe was in 1806, the only regularly elected Trustee, though Mr. Hylton Jolliffe and the others, had been for several years acting as Trustees, from the dates of their respective appointments, especially Mr. Hylton Jolliffe, who was appointed in 1803 (being three years before he filed this information against his uncle in 1806) the Treasurer, or acting Trustee, for this Charity, and had, from the death of his father, the management of the receipts, and expenditure of its funds.

It seems, however, to have occurred to him in 1806, that it might be well to have his own, and the other irregular appointments, sanctioned by the authority of the Court of Chancery. In that year, therefore, HE filed the information before alluded to, as relator, against Mr. Thomas Samuel Jolliffe, whom he made sole defendant. In this information, he stated, that * Post, p. 236. + Post, p. 240. + 241. $ 245. || Ibid.

Mr. Thomas Samuel Jolliffe was then become the sole surviving Trustee,*that, as such, he had declined, to make any new appointments, not conceiving himself justified, in so doing, without an order of the Court of Chancery; that the interests of the Charity were greatly suffering, for want of persons to take the management of its affairs, and, therefore, he prayed, that six fit and proper persons might be appointed, together with Mr. Thomas Samuel Jolliffe, Trustees of this Charity. To this information Mr. Thomas Samuel Jolliffe put in his answer-which he was allowed to do without oathand thereby admitted, that he was the only surviving Trustee, of those persons, who had been chosen prior to 1772, whose elections had been confirmed, by an order of the Court of Chancery, dated the fourth of August, in that year; consequently, the inference to be drawn, from the allegations, in this information and answer, is, that no other person had been appointed a Trustee of this Charity, since that period, although no less than TEN† persons had been chosen Trustees, between that time and 1806, when this information was filed, and though Mr. Hylton Jolliffe himself, and several of the others, had been, and were then acting with him in the trust. Upon this bill and answer, in the absence of all other parties,-the heir-at-law of the Founder, the East India Company, and the inhabitants of the town, and no cause having been shown to the contrary, by any one, the Lord Chancellor made an order on the 31st of March, 1806, to refer it to the Master, to appoint six new Trustees, to be added to Mr. Thomas Samuel Jolliffe, the alleged, sole surviving Trustee; and thereupon, Mr. Hylton Jolliffe, the Relator in that information, and the five persons, who had been like himself, irregularly, appointed, but who, nevertheless, had been recognized as Trustees, and had acted, and were acting as such, at that time, were nominated and appointed de novo Trustees of the Charity, along with Mr. Thomas Samuel

Jolliffe; their irregular elections, being unknown to the Master, who would, otherwise, probably have made a different report to the Court. It would have been more correct, to have alleged in this information, that the elections of all the existing Trustees, except Mr. Thomas Samuel Jolliffe, were irregular, and, therefore, that it was necessary to apply to the Court to confirm them; but had this course been pursued, the Court would, probably, have directed, the Master to enquire into the circumstances of these elections, and the management of the Charity; and, thus, the measures might have proved less summary and convenient to the parties, than those which they adopted.

Now, in this singular transaction, there are two circumstances well deserving of notice. The one is, that no person residing in, or connected with the town of Petersfield, was told one single syllable about it; not a whisper was suffered to transpire, which might lead any one interested in the Charity to discover what was transacting :-the information was filed-the answer put in without oath-the decree obtained-the old Trustees regenerated and re-appointed, and nobody, who had any interest in the business, one jot the wiser; nor was the transaction known until 1818, when the present investigation commenced! The other circumstance is, that in this same information, not one word was said, as to the funds of the College-no account prayed for-no enquiry desired, either respecting the management, or into the application, or misapplication of the Charity income, although no account of it had been regularly taken and passed since 1744. The decree, indeed, ordered the Bank Stock, and South Sea Annuities, standing in the name of Mr. Thomas Samuel Jolliffe, to be transferred to the Accountant-General of the Court of Chancery, in whose name they are still standing'; but no notice, whatever, was taken of the large sums due from Mr. Hylton Jolliffe, as the executor of his father, Mr. William Jolliffe; nor of those due from himself, on account of the balances, which he had kept in his own hands, during the time he had acted as Treasurer! It requires no witchcraft to see, that any thing which might lead to enquiry, would have been inconvenient to Mr. Hylton Jolliffe's family-whose grand object was, to have their appointments ratified, to be enabled to meet any awkward questions, as to their proceedings, under the shield of the Lord Chancellor's decree-to

have it in their power to reply to any one who might ask them respecting their conduct, "You have no right to enquire as to these things-what we do, we do by the authority of our office—we are legally and rightfully Trustees of this Charity, and as such accountable, only, to the highest authority"*.

The result of this information produced, as might have been expected, no beneficial effect to the Charity. The same features continued to characterize the whole management of the institution, until lately, when some little more attention has been given to the children. Besides the injury done to the charity, by withholding from it the interest of the 1,650l. for so many years, and the very great irregularity of retaining large annual cash balances, which ought to have been invested, from time to time; Mr. Hylton Jolliffe and the other Trustees, were guilty of the singular neglect of permitting nearly 1,572. part of the accumulating dividends to lie unproductivet, in the hands of the Accountant-General, for several years! This is, perhaps, less criminal, than a personal misapplication of the Charity's income-but it is, to say the least, very gross negligence and inattention on the part of Trustees and of itself, would sufficiently warrant their dismissal. In their answer, ‡ filed 12th June, 1819, they excuse themselves by pleading ignorance of such accumulations; and by so doing plead total and continued neglect of their duty. If they were, thus, ignorant; they were, also, ignorant of the following entries in the Statute or Minute Book of the College.

← TUESDAY, 4TH OCTOBER, 1814.

"Ordered, that as the funds of the charity are good, two additional boys be received into the College, making the present number fourteen for the ensuing year."

"(Signed) HYLTON JOLLIFFE.

W. J. JOLLIFFE.

S. TWYFORD.”

"MONDAY, OCTOBER the 14TH, 1816.

“Mr. Jolliffe having produced a letter from Messrs. Hammersleys; also an account up to Oct. 1816, and specifying the increase of stock given by the Bank;

Ordered, that the letter be entered in the book of the College. It appearing to the Trustees that there is a considerable increase to their income, and a balance in hand, ordered, that the boys now in the College be allowed an extra suit of clothes for this year.

Post, p. 37.

+ Post, p. 262-870.

Post, p. 34.