PRAYER. Goldsmiths in London, and their confederates, &c. [interroga- directions for the purposes aforesaid may be given, and that such further, &c. [further relief]. Schedule of the messuages and hereditaments held by the said company of Goldsmiths, under the will of herein before stated. Messuages in B. street and P. street, in the city of London. FORMS OF ANSWERS TO INFORMATIONS. ANSWER to an Information filed by the Attorney General against a Company for the purpose of establishing the right of the Charity to the whole Rents of the Estate. IN THE EXCHEQUER. THE joint and several answer of the wardens and commonalty of the mystery of Mercers of the city of London, and of [16 individuals,] defendants, to the information of —, knight, his majesty's attorney general, informant. These defendants, saving and reserving to themselves respectively all benefit and advantage of exception which can be had or taken to the said information and the errors therein contained for answer thereto, or so much thereof as they are advised it is material or necessary for them to make answer unto, they, these defendants, each answering for himself and not one for the other or others of them, jointly and severally answer and say, they believe and admit it to be true, that such indenture as is in the said information mentioned to bear date the 12th day of May, 1619, was duly made and executed by and between such parties, to such purport and effect as is in the said information in that behalf stated, so far as the same is therein set forth; and that such other indenture as in the said information is mentioned to bear even date with the lastmentioned indenture, together with such schedule thereto as in the said information is mentioned, was also made by and between such parties, and to such purport and effect as in the said information is in that behalf stated, so far as the same is therein set forth: but these defendants, for their greater certainty as to the particular dates and contents of the said indenture and schedules respectively, humbly crave leave to refer to the same when produced to this honourable court. And these defendants further answering say, they believe and admit it to be true, that new trustees have from time to time been chosen out of the Mercers' Company, to whom the estates in the said indenture respectively mentioned have from time to time been conveyed; and that these defendants herein before particularly named are now the present trustees of the said estates. And these defendants, the wardens and commonalty of Mercers, further answering say, they admit, and these other defendants believe the same to be true, that the said trust estate consists, &c. [particulars of estate, and how it had been let, and as to the application of rents.] And these defendants further answering say, they believe it to be true, that the sum of 177. was the annual value of the said premises at the time in the said information in that behalf mentioned: but these defendants say, that the payments directed to be made under the said indenture not only amounted to the said sum of 177., but, as it appears to these defendants, exceeded such value by the sum of 21. 8s. 8d. or thereabouts. And these defendants, the wardens and commonalty of Mercers, further say, and these other defendants believe the same to be true, that the said trust estate was in the year 1816 indebted to these defendants the wardens and commonalty in the sum of 1247. 6s. 5d. or thereabouts; and that in the year 1817 their expenditure on account of the said estate exceeded their receipt by the sum of 47. 14s. 3d., or thereabouts; but that since such last-mentioned period their receipts have exceeded their expenses by the several sums of money particularly stated and set forth in the schedule hereinafter referred to. And these defendants, the wardens and commonalty, further say, and these other defendants believe the same to be true, that the present expenditure among the particular objects pointed out in and by the indentures in the said information mentioned, amounts, under the circumstances hereinbefore mentioned, to the sum of 111. 2s. 8d. only, as specified in the said schedule; and that the said surplus rents, so received as aforesaid, have since the year 1816 been, and now are carried by these defendants, the wardens and commonalty, to the general account of the said company, and after satisfying thereout, in the first instance, the said debt of 1241. 6s. 5d., been applied with their other funds for their general purposes, and not to any charitable purposes in particular. And these defendants, the wardens and commonalty of Mercers, further answering say, they admit, and these other defendants believe the same to be true, that J. B., in the said information named, duly made and published his last will and testament in writing, bearing date the 20th day of May, 1630, whereby, amongst other things, he gave and bequeathed to the said company of Mercers the sum of 2007., and thereby directed and empowered the said company to lend out the said sum to two young men of the said company for the term of five years successively at the rate and interest of 31. per cent. per annum, the yearly benefit thereof to be put to the account of the rents of his said lands at H.; and that the said sum of 2007. was duly paid to and received by the said com pany, and that the same is not now lent out in the manner directed by the said will, by reason of no applications having been made for the loan thereof. And these defendants further answering say, they have been informed and believe, that the particulars of this case have been certified to his majesty's attorney general by the commissioners for inquiring concerning charities, under the act in the said information mentioned. And these defendants, the wardens and commonalty of Mercers, submit to the judgment of this honourable court, whether according to the true construction of the indentures in the said information and herein before mentioned, and the true intent and meaning of the said J. B., the present increased rents of the premises in the said information mentioned ought to have been applied by the said company, in the manner in the said information alleged, and whether the said company ought to account for the excess of the rents of the said estate since the year 1816, beyond what has been applied by them as aforesaid (m); and, also, for the interest of the said sum of 2001., bequeathed by the said J. B. to be lent out as aforesaid, and whether such interest should be applied to the same purpose with the rents of the said estate; or whether, on the contrary, subject to the particular payments directed to be made by the said trust deed, these last-named defendants are not entitled to dispose of, without control, the income of the said estate, and the interest of the said sum of 2001. [or And these defendants, Defendants the wardens and commonalty of the mystery of Mercers, for they are enthemselves say, they submit to the judgment of this honour- titled to inable court, whether they ought to be considered as mere trus- value of tees of the whole of the income of the estate and premises in property. the said information mentioned, and ought to account for the surplus of the rents and profits of the same above the sum of 5211. 2s. per annum, and the dividends of the said sum of 8001. three per cent. consolidated bank annuities, and whether such surplus ought to be applied in the manner in the said information in that behalf alleged; or whether, on the contrary, according to the true construction of the indenture in the said information and herein before mentioned, and the true intent and meaning of the said Sir T. B., these defendants are not well entitled, after payment of the particular sums of money directed to be paid by the indenture and schedule in the said information and hereinbefore secondly stated (except the sum of 201. to Christ's hospital, which has been purchased by these defendants, as aforesaid) to apply the residue of the rents and profits of the said estate and premises to and for the general purposes of the said (m) See ante, p. 557. submit that creased company, or otherwise, as they may deem proper. But these defendants further say, that in case this honourable court shall be of opinion that these last-named defendants are not so entitled, then these defendants submit to act in regard to the premises as this honourable court shall direct, claiming only for themselves, their poor brethren, and such of their officers as are named in the said deed of trust, such increased proportion of the said rents and profits, as under the circumstances hereinbefore mentioned they are respectively entitled to. And these defendants further answering say, that in the first schedule to this their answer annexed, and which they pray may be taken as part thereof, they have set forth, according to the best of their respective knowledge, information, and belief, the amount of the rent received for the last ten years from the said estate, and what has been the net annual amount upon an average of such period, and what during the same period has been the average annual sum received by these defendants, the wardens and commonalty, in respect thereof, and what has been the average annual amount of the sums applied by them during the same period to the charitable purposes in the said information mentioned.] And these defendants further answering say, that in case this honourable court shall be of opinion that these last-named defendants are not so entitled, then they submit to act in regard to the premises as this honourable court shall direct, claiming only for themselves, and such of their officers as are named in the said indenture or deed of trust, such increased proportion of the said rents and profits as, under the circumstances herein before mentioned, they are respectively entitled to. And these defendants further answering say, that in the first schedule to this their answer annexed, and which they pray may be taken as part thereof, they have set forth, according to the best of their respective knowledge, information, and belief, a full, true, and particular account of all and singular the rents and profits of the said estate received by them since the year 1816, and how they have applied and disposed of the same; and also a like account of the interest received of them from the said sum of 2007. since the same time, and of the application thereof. And these defendants have also, in the second schedule to this their answer annexed, and which they pray may be taken as part thereof, set forth, according to the best of their respective knowledge, remembrance, information, and belief, a list of all and every the deeds, accounts, books of account, receipts, vouchers, papers, and writings, relating to the matters in the said information mentioned, or any of them, which now are, or at any time have or hath been in their or either of their possession or power. And these defendants, the wardens and commonalty of Mercers, say that they are perfectly |