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willing to produce such books, accounts, papers, and writings, respectively, at all reasonable times, as this honourable court may direct; but they humbly hope, that the same may not be ordered to be left in the hands of their clerk in court, inasmuch as they, or many of them, contain matters and entries relating to other matters, and are wanted for the general purposes of the said company; and all these defendants deny all and all manner of unlawful combination, &c.

The first schedule above referred to contained an account of receipts and disbursements from 1816 to 1823.

The second schedule above referred to contained schedule of deeds, &c.

ANSWER of the Attorney General to a Bill which 'concerned

a Charity.

The answer of

knight, his majesty's attorney general, one of the defendants to the bill of revivor and supplement of the complain

ants.

THIS defendant, now and at all times hereafter saving and reserving to himself on behalf of the several charities in the said bill of revivor and supplement mentioned, all benefit and advantage of exception or otherwise to the said bill of revivor and supplement for answer thereto, or to so much thereof as concerns this defendant in anywise to make answer unto, answering saith, he is a stranger to all and singular the several matters and things in the said bill mentioned and contained, and therefore leaves the said complainants to make such proof thereof as they shall be enabled. And this defendant on behalf of the said several charities claims all such right and interest in the premises in the said bill of revivor and supplement mentioned as this defendant on behalf of the said several charities shall appear to have therein; and this defendant submits the same to the judgment, order, and direction of this honourable court, and hereby prays that this honourable court will take care of the respective rights and interests of the said several charities in the premises; without this, that there is any other matter, cause or thing in the complainants' said bill of revivor and supplement contained, material or effectual in the law for this defendant to make answer unto and not herein and hereby well and sufficiently answered, avoided, traversed or denied, is true to the knowledge and belief of this defendant; all which matters and things this defendant is ready and willing to aver, maintain and prove as this honourable

court shall direct, and hereby prays to be hence dismissed with his reasonable costs and charges in the cause in this behalf most wrongfully sustained.

INTERROGATORIES for the examination of Defendants under a Decree as to Estates (n).

IN CHANCERY.

Between his Majesty's Attorney General at the relation of [names of relators]

and

informant,

[blocks in formation]

INTERROGATORIES exhibited on behalf of the said relators before Esquire, one of the masters of this honourable court to whom this cause stands referred for the examination of the said defendants pursuant to the decree made in this cause, bearing date the 1st day of July, 1833. In the first instance as to the inquiry thereby directed as to the lands, messuages or tenements, and hereditaments possessed and now held by the said defendants under the will of W. W. the testator in the pleadings and decree named. 1st Interrogatory.-Have not you or some of you or some and what persons or person in trust for you or some of you or your predecessors in the Goldsmiths' Company for the time being at some and what time possessed, held and enjoyed, and do not you or some of you or some and what persons or person in trust for you now possess, hold or enjoy under the said will of the said W. W. the testator in the pleadings and decree named, some and what lands, messuages or tenements and hereditaments other than and besides the said several messuages or tenements with the appurtenants mentioned and set forth in your answer put into the said information and therein admitted to be held by you under, upon and subject to the trusts of the said will of the said testator. If yea set forth a full, true, and particular account and description of all, each and every of the same lands, messuages or tenements and hereditaments, together

(n) See Equity Draftsman, 2nd Vol. 148-231; 2 Newl. Ch. Pr. 379.

with the qualities, natures, quantities, parcels, abuttals, sites and situations, tenants' names, yearly rental and value of the same respectively, and make answer to the several matters and things herein inquired after to the best and utmost of your respective knowledge, remembrance, information and belief.

2nd Interrogatory.-Is there not some and what ground or reason to believe or suppose that you or your predecessors, or the Goldsmiths' Company for the time being, were possessed of and held under the said will of the said testator some and what lands, messuages ortenements and hereditaments other than and besides the said messuages and tenements mentioned and set forth in your said answer in the preceding interrogatory mentioned, and whether or not that such other lands, messuages or tenements and hereditaments have been in some and what manner alienated or otherwise and how lost to the said charity or charitable trusts of the said will of the said testator, or how otherwise in particular. Make answer, &c. [as before].

3rd Interrogatory.-Whether such other lands, messuages or tenements and hereditaments in the preceding interrogatories mentioned and inquired after have not been and are not now, or whether there do or does not exist some and what grounds or reasons, ground or reason for believing, and whether you do not believe that the same or some and what lands, messuages or tenements and hereditaments once possessed and held by you or by some persons or person in trust for you derived under the said will of the said testator, have been and now are in some and what manner intermixed, confused in boundaries, and confounded with other and what lands, messuages or tenements and hereditaments of and belonging to or vested in the said defendants, or how otherwise. Make answer, &c.

4th Interrogatory.-Do you not now possess, hold, or enjoy some and what other lands, messuages or tenements and hereditaments adjoining and near unto the said messuages or tenements with the appurtenances in your said answer mentioned and admitted to be held by you under the said will of the said W.W. And whether such lands, messuages, tenements and hereditaments or some and which of them do not answer or in some and what manner correspond or tally with the description of lands, messuages or tenements and hereditaments mentioned and described in the will of the said testator. If yea, set forth a full, true, and particular account and description of all, each, and every such lands, messuages or tenements and hereditaments so mentioned, referred to and inquired after, together with the qualities, natures, quantities, parcels, abuttals, sites, situations,

tenants' names, yearly rental and value of the same respectively.

5th Interrogatory.-Is it not the fact that the said lands, messuages or tenements and hereditaments in the next preceding interrogatory inquired after as being possessed, held and enjoyed by you or some and which of you, are not now possessed, held and enjoyed by you as part of the property vested in you for general corporate purposes, and whether the same or some and what other lands, messuages or tenements and premises now vested in and possessed, held or enjoyed by you or some and which of you are not now so possessed, held and enjoyed without there being any title deeds, documents of title of or belonging thereto, or any evidence to show how the same respectively are derived or acquired by the said Goldsmiths' Company, or how and by what title do you possess, hold and enjoy the same, and from whom and how were the same respectively derived and acquired to or by you or the said Goldsmiths' Company. Make answer, &c.

6th Interrogatory.-Whether or no have you made or caused to be made and when and by whom any and what searches, investigations or examinations of and into any and what deeds, wills, documents, books, papers and writings for the purpose of ascertaining and identifying the particular lands, messuages or tenements and hereditaments derived or acquired by you or the Goldsmiths' Company from or under the said will of the said W. W. If yea, set forth the particulars and results of such searches, investigations and examinations respectively, and whether or no were any and what reports, surveys, memorandums, notes or entries ever and when and by whom and upon what occasions made touching or concerning the same, or otherwise, relating to the lands, messuages or tenements and premises so derived or acquired as aforesaid. Make answer, &c.

7th Interrogatory.-Is it necessary for the purpose of properly and satisfactorily prosecuting and making the said inquiry directed by the said decree, that you should set forth and set forth accordingly a full, true, and particular account of all and every the lands, messuages or tenements and hereditaments now possessed, holden and enjoyed by you or any of you or any person or persons in trust for you in or near any of the streets, places, or sites mentioned in the said will of the said testator as the streets, places, or sites in which the said lands, messuages or tenements and premises in the said will mentioned and thereby devised to the Goldsmiths' Company, are described as situate and being, and also whether or no you have any and what title deeds, muniments of title, evidence or documents belonging to the

same, and showing how and from whom and by what gifts or devises, gift or devise other than the said will of the said testator the same were respectively derived or acquired by you or your predecessors the Goldsmiths' Company for the time being. Set forth and make answer, &c.

Lastly. Have not you or some of you now and whether not lately and when last had in your possession or power, or in the custody of some solicitor or solicitors, agent or agents of yours, some and what deeds, wills, muniments, documents, books, rentals, papers and writings of, belonging or relating to the lands, messuages or tenements and hereditaments derived to or acquired by you or your predecessors the Goldsmiths' Company for the time being from and under the said will of the said W. W. or some and which of them, and whether not also of, belonging or relating to the messuages or tenements and hereditaments in the fourth and fifth and in the seventh of these interrogatories respectively mentioned, referred to and inquired after, or some and which of them, and whether not also some and what other deeds, wills, muniments, documents, books, rentals, reports, surveys, notes, memorandums, papers and writings of, relating to or in some manner concerning the several matters and things herein before mentioned or referred to and inquired after or some of them, and whether not, which are material or necessary to be produced and inspected for the purpose of the said inquiry so directed by the said decree. Set forth in a schedule a full, true, and particular list and statement of all, each and every the said several items or particulars so respectively enumerated and inquired after, and distinguish and account for such of the same as having once been, are or is no longer in your possession or power or under your control. Make answer, &c. (o).

FORMS OF PETITIONS.

PETITION to the King as Visitor of a College. To the King's most excellent Majesty, in his high Court of Chancery, visitor of Queen's College in the University of Cambridge (p).

(0) By the 32nd order of the Court of Chancery, 21st December, 1833, it is directed that the last interrogatory then commonly in use should be altered, and be in the words or to the effect following: "Do you know or can you set forth any other matter or thing which may be of benefit or advan

tage to the parties at issue in this cause, or either of them, or that may be material to the subject of this your examination, or to the matters in question in this cause? If yea, set forth the same," &c.

(p) See ante, pp. 333-343, 718, 719, and Bowdler's case of Queen's College.

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