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tice out the boys, according to the will of the Founder and the act of Parliament, and to defray all the other charges and expences of the establishment.

Since the year 1806, when the then Trustees were re-appointed by the Master, and confirmed by the order of the Court of Chancery, there have been three of the present Trustees chosen, in consequence of the deaths of Mr. Tooker, Mr. Richard Eyles, and Capt. Joseph Eyles, namely,

John Twyford Jolliffe, Esq.,
The Rev. Chas. Edw. Twyford,

The Rev. Thos. Robt. Jolliffe,

Of these Trustees

appointed 23 Sept. 1807

4 Oct. 1814 19 June, 1819.

MR. JOHN TWYFORD JOLLIFFE was chosen to succeed Capt. Eyles, by three out of six of the then Trustees, and who did not attend any meeting from his election in 1807, until the 17th December 1818, after the present suit had been instituted!

THE REV. CHAS. EDW. TWYFORD was likewise chosen a Trustee to succeed Mr. Richard Eyles by two Trustees only, out of six then existing Trustees!

THE REV. THOS. ROBT. JOLLIFFE was irregularly chosen a Trustee on the death of Mr. James Tooker, by four Trustees out of six, namely,

Mr. Hylton Jolliffe,
The Rev. W. J. Jolliffe,
Mr. Samuel Twyford,

And by

The Rev. C. E. Twyford,

Irregularly chosen be

fore the order of 1806.

the order of 1806. Irregularly chosen since

In this state, the College continued until 1818, when several inhabitants of Petersfield were induced to apply to the Trustees for an inspection of the accounts, which was refused them. On this refusal, they filed an information against them, in Michaelmas Term 1818, and their answers were put in, which have disclosed the actual state of the Charity. On the hearing before the Vice-Chancellor, Mr. Thomas Samuel Jolliffe, and Mr. John Twyford Jolliffe, were permitted, by His Honor, to retire from the Trust, and a decree was made, on the 18th of November, 1822, directing the Master to enquire,

"Whether William Jolliffe, deceased, in the pleadings named, the father of the defendant Hylton Jolliffe died indebted in any, and what sum, to the Charity in question," and "whether the defendant Hylton Jolliffe, possessed assets of the said William Jolliffe his father, applicable to the payment of such debts, or any and what part thereof, and the said Master is to be at liberty to state any special circumstances, for the purpose of raising any question, with respect to interest, on any balances, which may be found due from the estate of the said William Jolliffe, or otherwise, at the request of either party," and " to approve of a new scheme for the future conduct and regulation of the said Charity, having regard to the will of Richard Churcher the founder of the said Charity, and the said Act of Parliament in the pleadings mentioned, and the said Master is to state the same with his opinion thereon." And that the said master do enquire whether the defendants Charles Edward Twyford, and Thomas Robert Jolliffe, were duly elected trustees of the said Charity, with liberty to state any circumstances specially.”

After noticing the resignation of the defendants, Thomas Samuel Jolliffe and John Twyford Jolliffe, and confirming the same, the decree goes on to direct the Master

"To take an account of the trust funds of the said Charity, possessed by the defendant Hylton Jolliffe, or by any other person or persons, by his order, or for his use, or on his behalf, in each year, since the time of the death of the said William Jolliffe, and of the application thereof: and for better taking the said accounts and discovery of the matters aforesaid, the parties are to produce before the said Master upon oath, all books, papers, and writings in their custody, or power, relating thereto, and are to be examined upon interrogatories, as the said Master shall direct, who, in taking the accounts, is to make unto the parties all just allowances."

From part * of this decree Mr. Hylton Jolliffe, and the remaining Trustees, have appealed to the Lord Chancellor. The Relators, however, aware that on the hearing of this appeal of the Defendants, the Court cannot go into the general merits of this cause; and anxious to have the benefit of His Lordship's directions, on all the points necessary to be settled; to secure in future, a regular and beneficial administration of the funds of this institution, and a correct course of conduct, in its management and government, consistent with the will of the Founder, and the Statute, have, since the former appeal was entered, likewise + appealed, from other parts of the decree, and the whole merits of the cause, which now stands in His Lordship's paper for hearing in the ensuing term, will then be investigated. If in the result, no more be done than the removal of the two Trustees before mentioned, while the other Trustees remain the sameif Mr. Hylton Jolliffe be still permitted to exercise the func

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tions of Treasurer, and to continue the principal acting Trustee, little will, indeed, be gained by the proceedings. But it may be, confidently, hoped, that when the facts, here stated, are deliberately discussed, and when the cause is allowed to be argued without interruption, full justice will be done to this abused Charity-that the accounts of the late Mr. William Jolliffe and Mr. Hylton Jolliffe, will be ordered to be taken by the Master, according to the ancient usage and course of the Court, which will throw no impediments whatever in the way of the Relators; but at the same time allow to the Defendants, the Trustees, every facility in the passing of their accounts-that, the whole of the present Trustees will be dismissed from their situations-and that means will be adopted for the future conduct of the institution, which may effectually prevent a recurrence of the like abuses.

To secure this last desirable object, various suggestions have been made, not only by the inhabitants of Petersfield, but by persons of considerationand high character, in the County, who feel a warm interest in the welfare of this hitherto abused-little known-and ill understood charity. THE PRESENT RELATORS have no particular views of their own to answer, or prejudices to indulge-they are only anxious to prevent, in future, pernicious abuses, and to obtain, for a greater number of the children of the. inhabitants of Petersfield, the free and independent enjoyment of the advantages and blessings intended for them, by the munificence of Mr. Churcher, to which the funds are now fully adequate. With the best intentions, and with (as he thought) the greatest circumspection, he appointed for his first Trustees, individuals, truly unexceptionable, from their rank, character, and fortunes-but in this, as in many other instances, the wisest precautions have proved ineffectual, as the Trustees were left without check or control in the selection of their successors, and thus, by judicious management, the whole patronage became vested IN ONE FAMILY. To prevent the possible recurrence of a similar evil, it has been recommended TO THE RELATORS and other inhabitants of the town, that, in the scheme to be submitted to the Court, four of the Trustees should always be the holders of "PERPETUAL OFFICES;" so that their Successors should become succeeding Trustees. -The four officers who appear most eligible, three from

their proximity of situation, rank, and learning, and the other from the interest, which it is presumed, the East India Company will take in the Charity, are—

The Warden of Winchester College, for the time
being..

The Mathematical Professor of the Royal Naval
College at Portsmouth, for the time being.

The Rector of the Parish of Buriton, for the time
being,

And The Chairman, or (in his absence) the De

puty Chairman, of the Court of Directors, of

the East India Company, for the time being

It has, further, been suggested, that the remaining three Trustees shall be chosen, from among the most respectable inhabitants of the town; with this restriction, that it shall not be competent for the majority of the Trustees, at any time, to elect, in the filling up of vacancies, either the Lord of the Manor of the Borough of Petersfield, or the two Representatives in Parliament of the Borough, for the time being. This caution is intended to guard against the exercise of political influences, which have already done so much injury to Petersfield.

The income of the Charity is now very considerable, and therefore, more may be effected, even, than the Founder aimed at. While a certain number of the boys are educated for the East India service, others may now, under the statute, be admitted and brought up to other professions and trades-the ancient respectability of the College may be revived-and, from being a blemish, it may become an ornament to its Town and County. It may perhaps be advantageous to increase the number of Trustees to nine, and also the Boys to a higher number; but, it is to be feared, it cannot be accomplished without the further aid of Parliament.

The cause of the College, by the appeals of the Defendants the Trustees, and of the Relators, being now before the Lord Chancellor, he will, with his accustomed impartiality, decide, strictly, and justly, on the merits of the case; in the mean time, that the inhabitants of Petersfield, may possess a full knowledge of the previous management of this Charity-the whole of the Minutes of the Trustees, from the foundation in

1729, to 1818-and of the proceedings in the suit now pending, with various other important and interesting documents relating to it, are subjoined to this concise History of this Endowment, from which every one may form an impartial judgment of the conduct, of which the Relators complain. PETERSFIELD, 1st October, 1823.

The Case &c.

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