The Express. — London, England, 1851-05-14 00:00:00

TRACTARIAN THEORY.—No. IV. TO Till limos OF Till DAILY muss. gm,—A reply with which " D.C.L." has honoured o se first two letters has only just now reached me,. I must interrupt the course of the discussion, and tre spass on your indulgence, by noticing in this let ter some of the statements which he has made in answer to mine. I know not what could have made him suppose that I was a Roman catholic. I never was, and, I hope by the grace of God, never shall be a member of that church; assuredly I am at present wholly wanting in the inclination to enter that communion. I am a protestant ; whether an ultra-protestant I neither know nor care. Such epithets as ultra have little meaning in themselves • their significance is to be drawn solely prom the opinions of the man that applies them. They are often cast on men of moderate Tieing by violent partisans of an opposite side ; they are still oftener the favourite missile of invective against those who are bold and honest enough to think out and avow the pr:neiples involved in their opinions. As a graduate of an English university, I must pro fess membership of the church of England : as a man and a Christian, I am a true and attached mem ber of that church. I am aware that some who take a strong and one-sided view of the teaching and essence of that church feel themselves unable to con ceive the sincerity of the reverence and affection felt for her by persons who entertain the directly opposite views: but they should remember that the church of England has many sons ; and that her children, truly as they form one family, nevertheless vary in their dispositions, their tone of ecclesiastical feeling, and their theology. I am not a little surprised at the analogy by which 0 D.C.1.." attempts to escape from the rerfactio ad ab surdum which such eminent men as Newman, Man ning, Hope and others, think, by their secession, that " church principles" have been brought to within the Church of England. I adopted an expression which possesses a well defined and ascertained meaning is these discussions. I nowhere alluded to the sacra mental theory nor to any particular doctrine of reli gion : and by the phrase "church principles" I in tended to describe—rind did so definitely and re peatedly—the specific theory which regards the episcopate, or, as "D.C.L." calls it, the apoetolate, derived by imposition of hands from the apostles as the essential and indispensable condition of a Chris tian church, and makes the bishops, jure &an°, the mole lawful expositors of the faith, and governors of the Christian people. " Bible principles," on the contrary, is a phrase of the very vaguest kind, to which no definite meaning has been attached by ge neral use : it expresses with equal readiness what the protestants hold in common with, as what they hold distinctly from, the catholic church. If by " Bible principles" " D.C.L." means the great cardinal principle of protestantism, that the Bible is the sole fountain of revelation far Christians, so that " what soever is not read therein, nor may be proved thereby, is not to be required of any man that it should he believed as an article of the faith, or be thought requisite or necessary to salvation," then I accept the analogy, and I du say that the secession of the protestant nations from 'tome implies that in their judgment " Bible principles" had been brought to a retina l° ad absurdum within the church of Rome. I repeat, " in their judgment"—for I ex pressly spoke, not of my opinion (though it coin cides with theirs)—but of the opinion of the ae ceders, that church principles were reduced ad ab surdum within the Church of Englund, and the weight to be attached to that opinion I thought should be estimated by the peculiar opportunities those men had had of thoroughly appreciating "church principles," and the powerful motives they were under to reconcile them with the true charac ter of the English church. But, if by " Bible prin ciples" " D.C.L." means, as he evidently wishes it to be meant, for otherwise the argument would lose all point, a religam which receives the Bible, then the analogy doer not hold ; for it was not on the denial of the Bible by the Roman church that the protestant secession turned. 1 um Parry that " I).C. L." should have been led so to misrepresent my very plainly expressed meaning as to describe me as wishing to get rid of low churchmen as an incumbrance, and us annihilating their claims ci fortiori. No low churchman who nods my words will dream, I am sure, of thinking that I intended to cast a slur on his principles, because I complain that so many of his friends full short in realising and avowing them. However, as "D.C.L." says, this is a matter between them and me; and, though my ob servations may very probably be unpopular with that section of the church, I am confident that not one of them will fasten his quarrel with me on the grand assigned by " D.C.L. ;" so let that pass. 1 now come to a matter of far different im portance. I am accused of heessant petal° principii. A very grave charge ; fur this is one of the grossest of fallacies, and utterly destructive of every chance of convincing. I do not deprecate such accusations if only they are accompanied by proofs. I care too much for the cause I advocate, I am too confident of its excellence, not to be willing to avow my error on conviction, and to really it, at whatever eon.: " D.C.L." will be doing me a substantial kindness, whenever he gives me the opportunity of substituting argument for a paiti° principii. But he must not characterise ordinary assertion with this berologism; it is a vice of reasoning, and should char only when argument is pretended. I pleud,t i re a refore, - nut guilty" to the first count of " D. C. L." 1 have not yet compared, in reasoning, the Anglo-catholic with the Romish theory. I dis tinctly said that I was not doing so; and when I told the low churchmen that "the catholic theory was wholly true or wholly false," I comprehended under the term" catholic all forms of it, whether Anglican or Roman. I used it solely in opposition to protestantism ; and all I had in view was to ex hort the low churchmen to take up their protestantism wholly. Pettit . ° principii is a begging of the question at issue. When I ;urged low churchmen not to glide into part of the catholic theory, because it must be wh.lly taken up or wholly abandoned, the cor rectness of the Anglo-catholic or the Romanistic versien of that theory was not the question at issue. How was I guilty of petitioprinapii ? In reply to the next paragraph, I answer that I have not characterised the Reformation as rebellion on ate Rttnian theory, but simply endeavoured, not to assert, but to prove that Anglo-catholicism could not in principle justify the Reformation. That was all I required in order to establish the protestant foundation of the Church of England. My object was purely negative—to show that the constitution of the Church of England must be unsatisfactory to church principles in the sense in which I have Oil along used the term. " D.C.L." is in error when he says that the limiting phrase, " as far as the law of Christ allows," - is founded in the statute entitled "The Submission of the Clergy." Ile confounds that statute (23 Hen. VIII., c. 19)—the one I re ferred to—with the petition of convocation, which declared the King to be the supreme head of the church of England. It was to this latter declara tion that the limiting expression was appended. The Bishop of Exeter would rejoice, fur the sake of his approaching synod, to discover that " D.C.L." was accurate here. Every one knows that convocation sanctioned the Prayer-book in 1662 ; but this is a fact unimportant t.• the argument. The acts which restored the (lurch of England in 1662 were rendered necessary merely by the interruption of kingly government, and '`., consequent disestablishing of the church during ' c commonwealth. The prayer-book prescribed by 'le Act of Uniformity of Elizabeth was in use, with ot the sanction of Convocation, down to the time of Charles I. ; and would have continued on so down to our day but for the civil disorder. A ra tification given by Convocation a century later—sad that not for the sake of the ratification itself, bat for merely restoring what a temporal accident had swept away—in no way affects my argument. The next paragraph is levelled against my ima-! ginary Roman catholicism. I need make no reply. I do not speak of the act of supremacy. I have laid no stress on it in my letters. Nor do I refer to the last part of the letter of "D.C.L.," because it is irrelevant to the issue I am engaged in. I did not discuss the sacramental theory, nor the character and quality of any religious doctrine whatever. I have said nothing whatever to prevent "D. C. L.," or any other member of the Church of England, from hold ing that theory I nor to disturb " D.C.L.'s" con viction, that the "catholic element" of doctrine, as I understand him, is the soul and life-sustainingprins ciple of that church. My argument has been avow etuY • narrower, though a fundamental, one. I have raised the single question, on what authority, or what grounds the changes made at the Reformation in the constitution of the church are held to be law ful and binding; and for what reasons of external obligation the articles of faith then put forth, and the doctrines involved in the formularies then sanc tioned, whether they belong to the catholic or protestant element, are pronounced to be true• Manning, Hope, and the others have seceded, chiefly because, as I believe, they could find no other au thority for that church but such as involved testant principles. "1). C. L." ',broils convocation and quotes Pugin. The quotation was needless. No one disputed that convocation sanctioned many—nay, most of the changes. But I asserted first, that the bishops either did not ratify the innovations, or, if they did, acted against their own sense of what was true, in compliance with a force external to them selves. In either case, we have no authority , for the new doctrines and government which can satisfy one who thinks the bishops the divine rulers of the church and the divine interpreters of the faith. "D.C. L" has not met this argument at all. Secondly, I assorted that even if the English bishops had made the changes, on their own free will and conviction, they were not, on the theory of Church principles, authorised to make them. That argument is not yet finished; and it would have been but fair in " D. C. L." if he had not charreterised as acts of petitio prinesPii, as sumptions which were under course of proof. May 2. M. A. THE EXPRESS, WEDNESDAY EVENING, MAY 14, 1851. Boccaccio, are his theme; but in aiming at attaining the Venetian colouring which existed not as yet in the days of Boccaccio, we more than suspect that Mr. Kennedy has also given the slip of a century or so to thegeneral character of his costumes. Be that as it may, each trivial imperfections, if so they m ay be called, are amply redeemed by the ever-plea sing strokes of this colourist. Mr. Ansdell, though not visible in his usual mighty scale, has some masterly produc tions, which may take the same rank in painting which fables take in literature. Terse in style and vigorous in handling, they enforce a moral, which is never lost on the spectator. Mr. Ansdell is to be found in what is now called the "North Room," formerly known as that limbo of vanities, the architectural room, but which, in its pre sent metamorphosed state, is found by no means the least attractive of the Exhibition, as the Jost ling crowd there collected may testify. Messrs. Rankley and Brooks seem here to have taken up the virtuous indignation line, and, judging from the con tinual appearance of such works from the hands of the engraver, there seems to be a brisk demand for such. Mr. Brocky, with trite Hungarian re verence for the antique, adopts the composition ,of • cameo, and transfers it to canvass ; and overlooking the poetic license which enables Phaon to stand in a cockle, without upsetting it, there is much good groundwork and effective paint ing in the Sappho, Venus, or whoever the nude female is meant to represent. The miniature room is crowded, as is its wont, by admiring groups catching glimpses of their favourite Thorburn and Ross, who here reign supreme. Mr. C. J. Bastbo also exhibits some' promising and talented works in this department. Here, mdubi- I tably, an exquisite little portrait of the Hon. Mrs. Boyle, by W. Bolan, should find its place, being chiefly remarkable as a successful medley of oil and water-colour artifices. The well known French artist Yvon, whose name, by-the-bye, is misprinted Yoon in the catalogue, exhibits some characteristic Russian sketches. Mr. P. A. Jeunron's "Flight into Egypt "(643) may afford to the unini tiated a slight insight into the Itembmodtism of man ner which has of late obtained amongst French land scapists. In quite another vein are the bright bits of SWISS scenery by J. I). Harding, who seems to have completely given up his title and honours accruing, to the chiefs of the old Water Colour Society, for the questionable position held in the Royal Academy. (103) " Bonneville, on the road from Geneva to Cha mouni," is that beautiful first stage towards Mont Blanc, faithful to the spot. Here Mr. Lance dubs the twin products of the grape with the title of " Brune"-et-" Blonde." I). Roberta exhibits his usual versatility, exterior or interior to him are all the same, the first shining in desigtl, the latter chiefly by colour. 'The stealthy shadows, which have crept over the plain and overtaken the group of pillars in the " Surprise of the Caravan"—a scene in Syria (464), are as solemn as the groups of scared travellers are the reverse; the figures need concentration. (383). An allegorical sketch of the meeting of all nations in 1851, by Mr. J. Tennicl, is provokingly like the cartoon in lust week's Punch. The group ing is masterly, but if enlarged, as proposed by the artist, the bare middle space will require some tilling up. With the fine Venetian scenes of Linton and Cooke, the British commons by Linnell, and trout streams by Lee, may be closed the enumeration of those pictures which the memory dwells on with unalloyed pleasure. The tide of sculpture having set in this year quite in another direction, the pleasant little sculptural , coal-hole has less than its habitual attractions. With the exception of Daily's " Youth and Dog;" a De mosthenes-looking George Stephenson, by Gibson ; and two busts, by Baron Marochctti, one repre senting Lady Gower and the other Prince Albert, there is scarce anything worth noting in this marble Agapemone. His eminence Cardinal Wiseman has lost no ground or opportunity, and will be found ensconced between Madame Grisi and Murphy. Mr. J. Hancock, perha, evinces a more original ten dency than most of his brethren ; besides the statue of" Beatrice," in the Industrial Exhibition, may be seen in the Royal Academy two productions, both of promise and performance. In selecting the evanes cent form of Undine," and the rapid motion of "Youth and Joy," this artist seems to have opened an entirely novel sphere for the works of the chisel. On the whole this exhibition is one if not of a higher, at least of more equal merit, than any of the preceding ones, and the almost total absence of crude and undigested works militates to a certain extent in at first perceiving its full value by contrast; but repeated visits can only confirm first impressions. GENERAL DOMESTIC SERVANTS' BENEVOLENT IN- arrrurion.—Yesterday the annual meeting of the support ers of this institution took place at the Hanover-square Rooms, Lord Robert Grosvenor in the chair. His lordship congratulated the meeting. upon the steady progress which had been made by the society from its commencement, and I expressed • hope that its patrons would continue to increase' aa its usefulness became better known and appreciated. The secretary read a report which commenced by referring, in terms of congratulation, to the steady development of the institution, and proceeded to state, that during the past year between 1,200 and 1,300 new members had joined the I institution, which now had a permanent fund of ' 5,3681. 17s. 2d. The committee also felt great pleasure in recommending during the past year another election of pen sioners, the result of which was published on the sth of February, when four members were declared duly elected, making together eight pensioners already receiving permanent relief, each to the amount of 15/. or 201. per annum. The committee further announced that another election of four pensioners will take place in July. The objects of the institution had also been further carried out in affording temporary assistance to several of its members, who were in very distressed circumstances. The registry department, established solely for the benefit of the members, continued to exhibit highly satisfactory and encouraging results; several hundred families of dis tinction having engaged servants through its medium, and having expressed themselves much pleased with the ser vants so selected. The committee invited particular atten tion and consideration to the necessity and advantage of registering the rules of the institution agreeably to act of parliament, thereby securing for its funds the fullest pro tection afforded by law. For completing this object, the committee had adopted the necessary measures, and only such alterations and additions had been made in the rules as the act of parliament rendered imperative. The report con cluded by thanking the nobility and gentry for their patron age and subscriptions, and soliciting a continuance of their support. The Earl of Harrowby moved, and the Rev. Mr. Howarth seconded, the adoption of the report, which was unanimously agreed to. Lord Lilford moved that the rules of the institution be registered in accordance with the set of parliament, so as to give the funds every protection afforded by law. The Rev. J. Browne seconded the motion, which was carried unanimously. Other resolutions were passed in accordance with the objects of the institution, and the basins.' terminated with • vote of thanks to the Chairman, who, in expressi; his acknowledgments, said he felt the greatest possible easure in being present on so interesting an occasion, and if hi- life were spared he should have equal gratification in attending at the next anniversary of this ' truly valuable institution. LONDON PHILANTUROPIC SOCIETY. —Last even- 1 tag the anniversary festival, in aid of the funds of this institution, took place at the London Tavern, Bishopec l s e i - street ; Mr. Alderman Cubitt, M.P., in the chair. society it appeared was established for the purpose of pro- Tiding the poor with bread and coals in all parts of the ' metropolis and its suburbs ; and the chairman in proposing', the toast of the evening—iris., "Continued prosperity to the Institution "—observed that it had special claims upon the attention of the public, inasmuch as its object was to supply, in en unostentatious manner, the wants of those who may have been reduced by misfortune to the necessity of depending goon their friends for support. The society had its origin 10 years ago in one of the manufactories of the metropolis during • period of great distress, when a large number of persons associated themselves together, with the benevolent intention of establishing a means of relief which formed the nucleus ot some thing durable and extensive. The institution, it appeared, had no permanent fund; bat the income was at the present moment ten times as much as it was in the first year of its existence; and the statement of the committee showed that since the let of December last up wards of 8,000 tickets for four-pound loaves of bread and 66 lbs. of coals had been distributed among the subscribers in all parts of the metropolis. The chairman concluded his observations by an earnest appeal fora continuation of the patronage which had already been bestowed upon the society; and the toast having been !upended to, the names of various gentlemen connected with the charity were made the subject of speeches, and a list of subscriptions was read, emanating in all to upwards of 3001., being the largest sum ever yet collected for the purposes of this useful institution. Merrnia OF ENVMERATOEE UNDER THE LATE Censoc—Last evening a meeting of enumerators took place at the Globe Tavern, Derby-street, King's-eroes, Mr. %henna in the chair. A memorial to the Secretary of State was unanimously agreed to to submit to his otest aeration the insuMciency of the remuneration for the ear- Mao of the mooriahts, and tatting forth that the= tress in Sok imilestior won met emphatically to employ MY but istailict nag trustworthy mem, and men whose position in we. a esMcient frnareatee that the duties of their ones well be performed in • Pre' per and efficient manner; that die andel wan doable those of the last census, and the atimm••••• Inairsollmo were not banded to them until they had deal tin be. of contract FINE ARTS. TILE ROYAL ACADEMY. Cot IKO NOTICE.) It would almost seem as if the British painters, after amply proving their will and ability to pro duce works of the highest order, had returned, ex }masted by the effort, to their old prejudices, and to that happy purgatorial state which neither partakes of the Dutch school nor of that of the old Italians. In this respect Mr. W. P. Frith is less happy than usual, who not only has boldly adopted Ilogarth for his hero, but has also made himself amenable to the charge of plagiarism. " Hogarth brought before the governor of Calais as a Spy" (204), bears a too marked analogy to the " Idle Prentice brought before the Mayor; and the adoption of the bar as a line of composition is scarce a happy one. The lights are also too frittered. On the whole, Mr. Frith seems to have been as infelici. toils in the task of appro priation , and as awkward as the position of the principal figure he has delineated. Mr. E. M. Ward seems to have made a feint of forgetting his favourite model, Hogarth, in " The Royal Family of France in the Temple" (185) ' let us hope not to be attended with a relapse. Of the many unpleasant situations and postures given hitherto both by author and artist, none have been so felicitously chosen as the present one. The solemn shadows which steal over the countenances of Louis XVI., Queen Marie Antoinette. the Dauphin, &c., so pleasantly, might with manifest improvement have obscured the sanguinary-looking revolutionists in the back ground ; the commissary, dressed Robespierre fashion, is so awfully grotesque, that he seems rather a demon that has strayed from a re presentation of " The Freyschuts" than a human being." While on the subject of the stage, it may be as well to dismiss that wonderful scenic performance of Mr. T. Uwins—meant, we pre sume, to typify connubial bliss—" Ulysses. anxious to return to his faithful Penelope, is unwillingly detained in the island of Calypso" (3S). It is a misfortune that Academicians, like actors, seldom know when the trembling hand no longer obeys the will ; and no sooner does one Academ i cian— Howard, fur instance—sink from the " line" which he has too long occupied than the gap left in his place must at once be filled up by another nonentity: evidently the example set by Macready and Turner is not gaining ground. Mr. Chalon might take a hint in time: his water-colour dancers don't perform their evolutions with their wonted charm, and as for 102, 'yclept "The Seasons," it gives one a shudder to think that they may perma nently assume the chilly tones and colouring given them, scarcely pardonable in any fire-screen. This leads us before the work of Mr. C. Landseer, who seems to have gone over from the cavalier party to that of the roundheads, with whom he is evidently less at home. There was ever a certain insipidity in his style, which accorded better with the known habits of Charles the First, and his adherents, which is quite amiss in representing the stern character of the Puritan host. Cromwell, Fairfax, Skippon, and Ireton, look as if they had been marshalled out to be sketched by Holler, who was himself sometimes found in these encounters; beyond the fact of mere por traiture, Mr. Landseer does not seem to have en gaged a thought, unless it be in the colouring, which is rumbled into harmony to a fault. The same may be said of Mr. Cope's " Sisters" (161) : accept able as portraits, they barely unravel the lengthy poetical quotation which accompanies them. The blue sky and general texture are remarkable for a purity of feeling and touch, of which another work by the same hand, and previously noticed, is equally deficient. 84.) A study for " The Judg ment of Daniel,"by Herbert, being the centre figure of a fresco, for the House of Lords, in every way deserves its designation ; it is a study and no more. With a rare exception or two, there are none of the traditional Itcynoldsian portraits, which generally divide their charms during the season in the exhibition, and hence re treat to the print-shops. M. Desanges portrait of Lady Manchester has the peculiar merit and beauty of those pastels which were iu vogue during the Regency. Whilst the old Italian masters succeeded in making pictures of portraits, Mr. Eastlake may . be said to make portraits of pictures. In practising fully up to the theory so ably expounded in his volume of " Materials for the History of Oil Painting," Mr. East lake, as it were, lifts ancient research from its too fre quent obloquy, in being barren of consequences. The nicely balanced force of each tone, the exquisite finish obtained without the cost of sullying the purity of virgin tints and the lustre of the colouring, can be traced to combined skill and science. The amber varnish, recommended in the work on oil painting as that used by the ancients, may not be alien to this " quality "of tone. Mr. Mulready and Mr. T. Webster, both the pillars of the high finish school, contribute but small works, admirable, no doubt, but scarcely worthy specimens of their power. If we turn, however, to more ambitious perform ances, the sudden rish is that their laudable example were more contagious. At the time West was basking in the sunshine of royal favour, Canova was in England; and Harlin, anxious to vindicate the prerogative of the British school, claimed for West the merits of good compo sition. The fastidious Italian replied that West did not compose, but that ho put groups together. This somewhat nice distinction is undeniably applicable in many instances even at the present day. The prodigious composition of Mr. Barker, representing an "Incident in the Life of William Rufus" (640), belongs to that category. The style of the painting, though antiquated, is not devoid of ment, but it lacks altogether any one quality which would justify such large dimensions. Moreover, these absurd sub 11cts should be left to the exploded illustrations of arnard's " History of England." Far higher in the scale may be placed the twin productions of Mr. Cress, belonging also to the Norman era. "Ed ward the Confessor leaving his Crown to Harold" and " Harold's Oath to William" (380 and 619), seem to have only . a spark of that flin g which so strongly characterised his first success in the Bee- thud Gourdon and Richard Coeur de Lion of West ' minster-halL All pictures which are connected rather with the theatrical pagean t than demonstra tive of feeling ever obstructt;ainter, who merely falls short of what the legend itself conveys to the imagination. Mr. Selena, who also, if we re collect right, was a competitor for the honour of cartoon draughtameaship, has appeared in the novel character of a eakoeist. "The Secret Execution " (611) is another of tiffs mraiberleas instances in which a draugbismoo diamisos his filth in the power of design firths Mere of colour. It swore I ill for a siallisel like w tha illa tn ni . e r C. Henley—" L'Al legro and Ampere" (602), when it mast of neon- I say be sees peaked with half a page of tee = This, t however, in Sebes* work which has of late from the Male of Mr. Horsley. penmen' • maiden clad in sub raiment is well contrasted with • that of her frolicsome sisters. The heads are wrought with delicate shades el beauty. Mr. W. D. Ken , nedy, on the other head is not afraid of trifling with the richest hues of hisgr d e o : the most brilliant are his favourite ones. " re and Honoria," from SHREWSBURY AND B RAILWAY. The adjourned special meeting of the shareholders in this company was held at Wolverhampton, yesterday, to receive the result of the scrutiny on the poll taken on the motion for an adjournment prior to considering the terms offered by the Great Western Company. Mr. 011.1111 BY Gone, M.P., presided. The CHAIRMAN, in opening the business, said that, as the scrutineers were not ready, he might take the oppor tunity of drawing attention to a matter of importance, although extraneous to the purpose for which this special meeting had been convened. He therefore called upon Mr. Clive, the deputy chairman, to lay before the meeting what passed at the meeting of the executive committee that morninir. Mr. CLIVE, M.P., then read his proposition in detail. It suggested, inter also, that without prejudice to the existing agteament with the Great Western Company, that the agreement with that company made on the 10th of January, 18.51, and the ono with the London and North Western Company, should be submitted to legal decision, and that Sir F. Kelly and Mr. Butt be instructed to settle end arrange the best mode of obtaining such decision without delay. That if the agreements with the Shrewsbury and Chester and Great Western Companies should be proved to be not binding, and the one with the London and North Western Company securing to the shareholders a certain dividend for twenty-one years held to be a valid contract, that then the directors opposed to the London and North Western agreements will place their seats at the disposal of the shareholders. That dell agreements are proved to be binding, that all the directors shall retire. That in the event of the London and North Western agreement being proved to be not binding, and those with the Great Western and Shrewsbury and Chester companies to be good, that the directors in the interest of the former company should retire. That all proceeding's, et law or equity, with refer ence to these agreements should be suspended, except such as were approved by Sir Fitzroy Kelly and Mr. Butt. Fur ther, that with the view to ascertain the exact financial position of the company, that Messrs. Quilter end Ball should be employed to investigate the accounts, and report from time to time to the directors as often as they might deem desirable. wished the meeting to understand that the above suggestions emanated from the executive committee, whose acts would not bind the directors, at the same time he thought the suggestions valuable, and that it was important for the peace and prosperity of the company that they should be adopted. Mr. seorr said that he quite agreed with the substance of what Mr. Clive had read, except that part of it which left the conduct of the investigation of the accounts in the hands of ono party, that party who were opposed to the North Western agreement; but with the view to completely carry out Mr. Clive's idea, he suggested a postponement of this meeting. After some further discussion, Mr. SCOTT said that he and his friends would retire and consider Mr. Clive's proposition ; and the scrutineers not being ready to report, au adjournment of an hour ands half to place. . . athe re-assembling of the shareholders at two o'clock, Mr. SCOTT said that of course he had no opportunity of consulting the London and North Western Company, who held an agreement under seal, but, of course, if the motion for an adjournment were negatived, Mr. Clive's proposition would possess little value ; if it were not, he would suggest that something like the following be adopted :—" That a complete investi gation of the capital and revenue accounts, liabilities, and affairs of the company, by Messrs. Quilter and Ball, be forthwith made, under the directions of a committee of six, three from each party ;" and 1 say further, " that wo will recommend the London and North Western Company to join in procuring an immediate decision on the validity of the agreement of the 7th of May instant with them, and of the agreement of the 10th of January last, with the Great Western Company, provided this meeting be postponed for the purpose of consulting with the company upon the propositions now offered by Mr. Clive for the consideration of the shareholders." The CIIAIRNIAN then read the following report of the scrutineers, which hedeclaredto be " most louse. ' We hive carefully emunined the votes given for and against Mr. Chesshire's amendment on Mr. Diturnacke ori ginal resolution, and certify that such amendment has been lust by • considerable majority.—lienry Wainwright, John Nicholls, Scrutineers." The CHAIRMAN said, The amendment is lost. I shall now put the original resolution. Mr. SCOTT—Befure you do so, sir, I shall hand in a pro test, and then my friends and myself will save you any fur ther trouble by retiring from the meeting. The CHAIRMAN then read the protest, which was founded on the allegations— " That the meeting has not been duly convened; that there has been a fraudulent splitting of votes fur the pur pose of procuring a majority, and that many votes were lic• tit Mus. That the books of the company have been impro perly and fraudulently withheld from the inspection of the thnpvhnlglosm This protest having been read, Mr. Scott and all his friends retired, and the directors and their party were left in possession of the field. The CHAIRMAN immediately afterwards put the ori ginal resolution, aa it has already appeared in the Daily News, and declared it to be carried all but unanimously. Mr. WALKER (the Mayor of Wolverhampton) next moved, and Mr. Pznita seconded the following resolution : " That the directors of the Shrewsbury and Birmingham Railway Company, either alone or in conjunction with any other company or companies, be and they are hereby autho rised to enter into an agreement with the Birkenhead, Cheshire and Lancashire Railway Company, for the hold ing or use or working over the railway of the latter company by the said Shrewsbury and Birmingham 'Company either alone or in connexion with such other company or companies for such period and upon such terms and conditions as may be agreed upon ; and if necessary to apply to parliament for an act for the purposes aforesaid, or any of them, or for including the said Birken head, La ncashire, and Cheshire Junction Railway Company in the amalgamation aforesaid; and that the resolutions passed or declared or purported to be pared at a certain meeting of the Shrewsbury and Birmingham Railway Com pany convened for the 12th day of February and the 4th day of April, 1351, at Wolverhampton, or either of them, or at any a dj ournment thereof, be, and the same are hereby rescinded."—Carried. . _ By a subvequent motion a very cordial vote of thanks was paned to Mr. Gore. Bo ended this series of these extraordinary meetings and proceedings ; the result is that the two sections of the share holders have deliberately authorised the sale, lease, or amalgamation of the line to the two greatest railway com panies in the world, both of which it is understood are fully prepared to contest in every possible way the validity of each agreement. WDIDINO-UP OF JOINT STOCK COMPANIES. DIRECT BIRMINGHAM, OXFORD, AND READING RAlLMAT.—Yesterday, after some discussion, and on the requisition of Mr. Hutton, the official manager, his Honour Master Brougham made a call of 12s. 6d., to meet the costs incurred in connexion with the proceedings in winding up . The other call of 21. per share, to discharge the outstanding liabilities, is under appeal. STAFFORDSHIRE AND SHROPSHIRE RAILWAY.— , Yesterday Mr. Edwin Smith, formerly solicitor to this 1 company was examined at great length by Mr. Roxburgh and Mr. Daniel, relative to the trustee fund and other affairs of the company, at the close of which his Honour Master Richards intimated that, without giving any opinion on the merits of the case. be should not then make any order on Mr. Archibald to pay the required money into court. The meeting was then adjourned for further evidence. 7ARY COMMITTEES. BOLTON, BLACKBCRS, AND WEST YORKNDIRE RAILWAY.—The committee on this bill have declared the preamble proved. MANCIIRSTRII AND SALFORD EXTINSION RAILWAY.— The preamble of this compa_ny's bill is declared proved. TAW VALI RAILWAY. — M r . Bernal reports the preamble of this bill proved, and that the estimated cost for the alte ratioas and deviations will be 88,0001. Ltvaaroot. Bocce BILL.—The preamble of this bill for alteration of management, itc., is declared Proved. SUNDAY TRADING PRIVIINTION BILL.—The hairdressers of Finsbury have petitioned the House of Commons against this bill. BT. ALBANS 81111117 COMMISSION BlLL.—This bill, which stood fora second reading last night, is found to be an exact counterpart or copy of the one introduced in the celebrated Sudbury commission case, passed into an act 6 and 7 Vic. c. 97, August 1843, and for which three acts of parliament were specially passed in order to complete to disfranchisement BRITISH MISSIONS.—Last evening the united an nual meeting of the promoters of Huse institutions, which comprise the Home Missionary of the Irish Evangelical, and the Colonial Societies, took place at Exeter Hall, Mr. Pilkington, M.P., in the chair. The report of the society's' proceedings stated that the Homo Missionary Society, in stituted thirty-two can ago to supply destitute towns and districts of England with the scriptural ministrations of the gospel had expended 176,0001. in furtherance of this praise worthy object. Unfortunately, however, the annual sum required to advance the operations of the institution greatly I exceeded the present income, and an appeal was therefore made to the public for increased patronage and support. The Irish Evangelical Society was established in 1814 to promote the preaching of the gospel amongst " popish mul titudes," and to counteract the superstition of Romanism, and to evangelise the country. The expenditure last year was 2,3611. 75., besides the liquidation of • debt of 1,3161. 10e. 2d., leaving a very small balance in hand to sustain the operations of the next year. The Colonial Missionary Society was formed in the year 1836, and was now conducting its operations among more ' then two million settlers of British origin. It had sent forth from the parent land, for labour, 27 ministers; it had I educated, for labour In the colonies, 20 young brethren ; it had assisted to sustain more than 30 ministers, who had entered the colonise on their own resources, or who were in the field before the formation of the society, but could not have maintained their ground without such aid. It had now on its list of brethren, receiving aid, 34 ministers dili gently labouring, and nine young men receiving education for the ministry. The number of members in the colonial churches exceeded 4,000, andit appeared that 25,000 persons were taught the truths of the Gospel from these mis sionaries. The report was received and adopted, and, various resolutions having been passed in furtherance cf the objects of the missions, the meeting separated. AUSTRALIAN MINING COMPANY. Yesterday an extraordinary general meeting of the Australian Mining Company was held at their chamben in Adelaide-place, London Bridge, for the purpose of hearing and considering the report of the committee appointed on the 3rd day of February, 1331, to inquire into all the affAirs of the company, and to take all such measures thereon as the meeting might deem lit. CHARLES Downes, Esq., was in the chair. Mr. Davis, the chairman of the committee of inquiry ap pointed on the 3rd of February last, then handed in to the board the report of that committee, and the secretary read it at length to the meeting. This document details the con stitution of the company in June, 1845, since which period nearly 100,0001. has been expended. After referring to the arrangements entered into between the Emigration COM missioners and the board for carrying out a certain number of adults, allusion was made to the mode in which the then secretary (Mr. Sheriff Hodgkinson) was suffered to parti cipate in the advantages of the system adopted, and of his being allowed to act in the capacity of a broker, and to make charges for transacting that business. It was also stated that the emigration, as conducted under the superin tendence of the secretary, did not meet the approval of the Emigration Commissioners, and that therefore he was com pelled to relinquish it. With respect to the char tering of vessels, it was alleged that four were taken up by the secretary and despatched to Australia, without in the usual way being tendered for, and that at a period when the colonial committee had written over to say they would give the company proper notice when tonnage was required. The defence the com mittee stated they received to this point was, that, an opi nion being entertained that freights were about to rise, it had been considered advisable to secure tonnage to bring home the ore which it was by every arrival anticipated the management out in Australia would have to ship. Instead of the ores of the company freighting the vessels, other ores were taken, and a considerable loss occurred. The secretary was subsequently elected too seat at the board, and then, as before, Messrs. Hodgkinson and Co. were allowed to be mixed up with the various shipping operations carried on. In connexion with there operations the absence of vouchers was complained of, and the whole were alleged to have been conducted in a loose and unsatisfactory manner, and in the face of a clause in the deed expressly stipulating that neither the directors nor their servants should be allowed to do business for the company. The want of dili gent attention in the selection of stores, and the purchasoof them without tenders being desired, had characterised, it was also asserted, the management out bathe colony. Heavy charges at home and abroad for discount and money accom modation had been incurred with the view of avoidin • the necessity of calls and in the hope that discoveries would be made which would supply ultimately the requisite funds. Regarding the accounts generally, they were said to be wanting in that intelligible arrangement which ought to have been considered essential in a company carried on with a large and well remunerated body of subordinates. A seven years' lease of Reedy's Creek, granted to Mr. Baser, chairman of the local committee, at a peppercorn rent, was likewise alluded to in addition to the agreement for the Montacute mine taken from Mr. Baker and Mr. Hagen, which had resulted in loss to the company. Of the colonial superintendent, Major Camp bell, and his qualifications, favourable mention was made, but general retrenchment was advised as one of the best . . mean's for retrieving the position of the undertaking. The operations of the mines had, it was stated, been pursued on a I saac of expenditure which could only have been induced bg the directors imagining they possessed a Barra Barra. lams lessons of the past, it was trusted, however, would ope. rmb as a warning, and there was believed to be yet time to 'seethe property from ultimate failure The report, after re viewing the general financial condition of the company, inaeltuled by recommending that a mining agent should be despatched to Australia for the purpose of giving his 'Onion upon the mines, that a reduction in the number of directors should take place, that arrangements should be made for modifying the colonial committee, that a half yearly meeting be called every January, with the &c -ements made up to the 15th of December, and that no ernployi be allowed to hold shares in the concern. The pressing liabilities being about 18,0001., the committc agreed with the call of one pound per share which the directors had resolved to make. The reading of the re port created a strong impression, and its condemnatory character was the immediate subject of comment. The committee proposed its being received, printed, and cir calculated, and token into consideration at an adjourned meeting. Several of the directors and their friends were averse to such a report bring put into circulation, unless ac companied by a reply from the board. Mr. .1. Masterman, jun., defended Mr. Sheriff Hodgkinson from the aspersions made by the committee, and entered into explanations respecting that gentleman's first connexion with the com pany, which tended to show that, although he stood in the position of secretary, he was closely identified with its original promotion. The question raised with re spect to the chartering of vessels had been before discussed and settled, and the loss on the sale of ores shipped was in a measure caused by the decline in metals at the outbreak of the French revolution. The Reedy Creek lease was effected when the land, as a sheep run, was worth very little, and the directors, it was con tended, were not now to be condemned because the pro perty had improved, and might be considered worth 400/. a-year. The Montacute agreement was an unfortunate affair, but the errors of the past might be overcome, and ought not to be attributed to other causes than want of judgment. Mr. Sheriff llodgkinson declared his ability to answer every charge in the report, but at the same time stated that he considered the committee had nut sought for the proper information. This the chairman of the committee (Mr. Davis) emphatically contradicted, insisting alto that, instead of having been actuated by any hostile feeling towards the directors, the committee had in several cases expressed their disapproval in milder terms than were per haps warranted. During a recriminatory debate, which lasted nearly two hours, resolutions and amendments were proposed and modified, in order that the directors might have time to reply to the allegations made. When, how ever, it was fivally ascertained that the feeling of the meet ing was unequivocally in favour of the report being printed and circulated without waiting for the reply of the direc tors, Mr. Masterman, jun., Mr. Sheriff llodgkinson, Mr. Entlicaven, and others, at once resigned. It was then un derstood that a further meeting would shortly be convened for discussing the contents of the report and its attendant HEALTH OF LONDON DURING THE WEEK. The Official Report sap:—Thu present state of public health in the metropolis is far from being satisfactory. In the preeeding week, though there still appeared an excess above the average, the mortality hail declined to 994 deaths ; but it will be seen that the number in the week ending last Saturday has again risen to 1,041. Taking corresponding weeks of the ten years 1841.50, it is found that the lowest number of deaths was 761 ; and that the mortality, which only in one instance exceeded 1,000, averaged 870. This average, if raised according to supposed rate of increase in the population, becomes 949; compared with which, the 1,041 deaths of last week show an increase of 92. The increase is not confined to any particular locality, but extends generally over the metropolit-in districts. in the west districts the deaths registered last week arc 168, while the average (without coreection for increase of population) is 134 ; in the northern the number is 202, the average being 167 ; in the central it is 181, the average being 157; in the eastern, 216, the average being 181 ; and in the south it is 274, while the average is 232. The present return, as compared with that of the previous week, shows an increase chiefly in the zymotic or epidemic class of diseases. Measles numbered 31 fatal cases in the week ending May 3rd, last week it counted 41 ; hooping-cough again becomes more severe, and has risen in the two weeks from 67 deaths to 72; diarrhoea and dysentery have increased from 9 to 26 ; typhus from 25 to 43. On the other hand, smallpox, which de stroyed 14 persons in the previous week, was fat al to 10 in the last; and influenza has declined from 11 to G. Seven deaths, 4 of which are among infants, are ascribed in this return to syphilitic disease. The total number of deaths in cluded in the zymotic class of diseases is 233 ; while the cor rected average is 178. The cases enumerated under the head of " diseases of the respiratory organs," amount to 157, while the corrected average is 143. But the six dis eases which constitute the latter class scarcely exceed in heir aggregate fatality the amount caused by phthisis alone; for this complaint destroyed 143 lives, a number which themes not more than the usual amount, is far greater than the highest found under other heads in the list of fatal causes. A great increase is observable in the deaths registered last week of young persons; for the number of children who died under the age of 15 years rose from 443 in the pee -1 eious week to 611 in the last, while the corrected average is 423. A smaller increase is observed generally among per ' sons in various stages of life. In the last week, the births of 791 boys, and 781 girls, in all 1,572 children, were regis tered. The average of six corresponding weeks in the years 1845-30 was 1,341. At the Royal Observatory, Greenwich, the mean reading of the barometer was 29.608 in. The mean daily tempe rature was below the average till Saturday ; but it rose gradually from 40 deg. 2 min. on Sunday to 56 deg. 3 min. on Saturday, and the mean of the week was 47 deg. 4 min. The extent to which the daily mean temperature was lower ' than the average (derived from 10 years) of the several days is shown by the following decreasing numbers:- 11 deg.! nein., 10 deg. 6 min., 7 deg. 4 min., 4 deg.s min., 2 deg. II win., 0 deg. 8 min.; on Saturday it exceeded the o no dog. 6 mill. The wind was in the north and at the first three days, then changed to south west, sad am dr last two days was generally in the south east. FIRE INBI7RANCE.—A return has been published of the amounts paid for duty by the various fire insurance daces in England, Scotland, and Ireland during the year 1850. The following English offices paid the largest amounts during the quarter ended the 26th of December, 1850 .—ln town, the Alliance, 12,6521. ; Church of England, 14,0711. ; Imperial, 12,2061.; Phoenix, 30,3621. ; Royal Exchange, 19,6221.; Sun, 43,3101. In the country: The Norwich Union, 21,8801.; and the West of England, 11,383/. The total amount of duty collected in Scotland from fire in surance-offices was 66,4211, and the sums inanred on farm ing stock amounted to 4,168,0571. In Ireland the largest amount of duty was collected from the following offices : In Dablin, the National, 1,602/. ; Patriotic, 1,2 M. ; Royal Exchange, 1,1291. ; Sun, 1,084 1 . ,• and in the country, the Alliance, 1,076/. ; Atlas, 1,259 !.; Sun, 1,3921.; West of England, 1,6881. The total amount of Ennis insured on farming stock in England in 1850 was 57,162,216/. WIDENING OF PARK-LANE.—The Commissioners of Woods and Forests have decided upon widening Park lane, from Oxford-street to Grosvenor-gate, to the extent of eight feet. This desirable step has been taken on tho peti tion of the inhabitant', who have been required by the commissioners to pay half the expenses incurred. UNIVERSITY AND CLERICAL. Rev. Watson, to7iewl;;rough perpetual curacy, Northamptipashire; value, WU. ; patron, the Lord Chan cellor. Rev. A. Cleland, to Dundonald rectory, Doam ; patron, B. Cleland, Esq. Rev. J. Bennett, to Grove curacy, Wantage, Berkshire. Rev. J. B. Berth, to Camlough perpetual curacy, Ar magh; patron, Rector of }finery. Rev. T. E. Nash (Rector and Vicar of Macroom), to a deanery-rural, diocese Cloyne. Rev. J T. Warren, to Itavensdale Dundalk Rev. H. F. CorrasiCe, tolluvtou-Oiery ve!lury, Lcieceter- re• value. emsreesidenee ; patrols, Mrs. Thorpe, - • Rev. W. R. Duncan, to St. Peter's curacy, LiverpOol. Rev. J. Green, to Little Leighs rectory, Essex; value, 981. and residence; patron, Mr. J. C. Green. Rev. G. Ilaslewood, to be chaplain to Viscount de Veeci. Rev. T. B. 0. Moore, to St. IBotolph perpetual curacy, .7olchester ; patrons, Balliol College, Oxford. Rev. Charles Henry Swann, to Horninghold vicarage, Leicestershire, and diocese of Peterborough ; value, 801. Rev. M. Barker, to Burton Latimer curacy, Northampton shire, diocese of Peterborough. Rev. J. B. Wickes, to East Haddon curacy, Northamp tonshire, diocese of Peterborough. Rev. A. W. Griesbach, to Wollaston curacy, Northamp tonshire, diocese of Peterborough. VACANCIES. RECTORY.—Wood•Eaton, county and diocese of Oxford; value, 1091., and residence; patron, J. Weyland, ; Rev. J. Ballard deceased. VlCAUAGE.—Crnpredy, with Wardington curacy, Clay doc curacy, and Mollington curacy, county and dioccve of Oxford; value, 5921.; patron, Bishop of Oxford; Ker. J. Ballard deceased. _ Plymouth, Christ's Church perpetual curacy. Devon. dio cese of Exeter; patron, the vicar of St. Andrew•, Ply mouth ; Rev. It. !Malone, promoted. Mastership of Burton-upon-Trent Grammar School; salary, 2301. ; testimonials before Map 31. LaW intelligence. EQUITY COURTS.-YESTERDAY. Ix the MA - 1771 - i op E - 011711 - 6074 - 11Itt,A Lux tile. The Lord Chancellor said he had appointed two medical gentlemen, in pursuance of the opinion expressed by him on a former to examine into the state of mind of Mr. llyce Sombre, and he communicated the names to the parties. Mr. Bethel!, on behalf of the wife, the committee of tho person, asked that these gentlemen might he directed to confer with two of the medical gentlemen who had before examined the lunatic. The Lord Chancellor was of opinion that it would he much better to leave the caaminatiuu to those he had uautcd. All the parties approved of them, and they would tome to the examination without any previous bias or impres.ion. But if they desired to have the opinion of other physicians, they might lie allowed to consult with those ahu made tho former examination. [Hie examination le to take place in Loudon as soon as Mr. Dice Sombre comes over from Paris.] IN MI SPAILILOW, A LUN COMPLAINTS OP CoM• MITTBN AND THVIITEES. There were two petitions presented in this matter by the sisters and other relations of the lunatic. He was tenant for life of a mansion called tiostield House, silts ated in the county of Eves, and of an estate adjoining producing about 3,0001. a year, which consisted partly of tithes. The petitions complained that Mr. Basil Sparrow, brother, and committer of the lunatic, and also next tenant for life of the estate, held the property witlymt paying any rent fur the mansion -house, and applied a great part of the said income to intprovements beneficial to himself, and that although the allowance to the lunatic was only 6001. a year, no surplus rculaincel fur his next of kin on his death. Tho petiti.orts therefore prayed that Mr. Sparrow be put under an occupation rent for the remainder of the life of the lunatic, and that he be restrained from laving out so much of the income on the improvements. Tliey also plained of the trustees and managers of the estates, who charged 5/. per cent. for their collection and managem•at. The petitions prayed that accounts might he taken of thoso receipts and payments. Mr. Bounden Palmer and Mr. Southgate supported ono of the petitions; Mr. Mathis and Mr. Vance the other. Mr. Holt and Mr. Bigg opposed them. At the close ut Mr. Iligg's argument, the Lord Chan cellor expressed his opinion that the accounts prayed for ought to be taken, and his lordship accordingly mink an I order of reference to the Mauer for that purpose, reserving the costs until the matter should come before him again uu the Muter's report. This was the third day occupied with the arguments. BLALENEY r. Dursun. This was an appeal from an order of the present .Nfrister of the Bolls, appointing a receiver over the basilic:lt of these parties, solicitors, in partnership in ThcSolicito r-Gener.d and Mr. 8113111 e were for the de fendant, who seas the appellant; Mr. ltoupell and Mr. El derten were for the plaintiff. The case was not concluded, but the Lord Chancellor said he would further hear it in hi, room to-morrow. RE NORTU LONDON JUNCTION RAILWAY L'.IYI'AYY.- WINDING la . Acts. Mr. Bacon and Mr.'l'.ll.'rerrell, on behalf of the interim manager of the above company, moved, by way of appeal from the decision of the :glister, allowing the claim of the respondent, Mr. Bagshaw, one of the directors, in respect of rent paid by him fur offices of which he had taken a leaso for the use of the company. In support of the appeal it was contended that dirccuirs of companies only provisionally registered, as the present was, had no uuthurity to tako leases. _ _ _ Mr. Wigram and Mr. Grove, for the respondent. con tended that the co-directors who hail concurred in the offices being taken must at all events contribute, and that the order did not affect the question us to which class of the contributories would have to pay the debt. The Vice-Chancellor, without hearing any n ply, snid— Not only did be think that a contract of this description 'ear in its nature improper (not using that word offensively) towards the company at large, the directors being aware of the uncertain and provisional position in which they stood ; bat it appeared to have been absolutely prohibited by Our agreement or the act of parliament, or both. It was impos sible to sustain this as a charge against the company. Mr. Wigram had very properly suggested, and it might probably be true, that this burden ought to be borne by the directors as between themselves. The court could not, however, enter into that question upon the present application. All that woe before the court was, the question whether the Cells-. pany were liable or not. Ills Honour did not uuderstmid that the Master hail been called on to exercise any judg ment upon the question. His Honour said that he must be understood as only dividing that the company at large were not liable. Ile considered the question as between the directors as quite open, and perfectly unaffected by the de cision. The Master's decision his Honour understood was only taken pro formi. Re ROYAL BANK OF AI ITRALIA.—WALKER'S CAII/1.--. WINDINO•UP ACT. Mr. Bacon, for the petitioner and some of the contribu tories to the above company, moved by way of appeal to discharge an order of the Master giving the solicitor of certain parties, claiming to be creditors of the company leave to inspect and take copies of documents in the cus tody of the official manager. In support of the ap peal it was contended that the creditors had no right to obtain discovery under the Winding-up Acts, but nuut filo their bill. Mr. Daniel aprared for the official manager, Mr. Wigram for the creditors. The Vice Chancellor thought the creditors entitled to tho order, and refused the motion with costs. IWO= LORD CILIOODORTII, VICDCILVCONI.LOR. Baur eTiii;lTEß. l lrTtri•rlosi To Uialtcii; A I, tHY PROM KEEPING A SCHOOL IN KEMP-TOWN, BRIGHT.I7.I. An application was made by Mr. Temple and Mr. Tuylor for an injunction to restrain the defendant from keeping a ladies' school at No. 23, Sussex-square, Kemp-towit, Brighton, under the following circumstances : It appeo'c d that the plaintiff, Mrs. Kemp, who was the widow of the gentleman whose name one part of Brighton bears, was owner of two houses, No. 23 and No. 24, Sussex-square, Kemp-town, and that she sold ono of the house.. .to the de fendant Anu Sober, subject to a covenant that the .. iid Ann Sober, her heirs, or &reigns would not at any time time thereafter put er suffer to be put any shop window in any part of the said house, or carry on any trade, busiiv•as, or calling whatsoever in or upon any part of the said pre mises, or otherwise use or suffer the same to be used to the annoyance, nuisance, or injury of any of the houses at Kemp-town, and further that the several covenants they. in contained should run with the land, and the plaintiff, her heirs, and assigns should for ever have the benefit thereof. The defendant Ann Sober had since agreed to let this house to •lady named Miss Wilmsburst, fur the purpose of keeping a school for young ladies. It was contended in support of the motion that keeping a school was an act in violation of the covenant. Mr. Malin and Mr. Pigott, for the defendant, rib mined that a lady's school could not be considered as a nuisance ; and the fact of Mr. Kemp having himself per mitted a school to be kept in this house, proved that the covenant never was intended to extend to a school. In the present instance Miss Wihnshurst had assured the plain tiff that not more than twenty girls would be taken, and that every means would be used to prevent noise or other inconvenience to the neighbours. Lord Cranworth said ho was clearly of opinion that this was a ease in which the court ought to interfere, as it wan evidently a breach of the covenant. The question wsa, whether keeping a school was a trade business or calling, and his lordship could not see any doubt about it. There mi an wor d hltdh Lir o d ebabbeel E yn ld a i difr t y h ons tat in had been a decision in which a_ boys' school was bo t ;o: i t n t b e h a e n u i s ance , s a e n a h nzy l a n . pointedsixtyheld Fto the noise, but though it might be supposed that • would not make so much noise as boys, still the neigh arsrd on both sides might well complain of the musical instruments and perhaps the constant viiits of parents and others where so many girls were kept. It had been said that no real damage had been done. That might be ao, and certainly nothing could have been more proper sad polite than the letter written by Miss Wilmshurst, but lie considered that under this covenant the plaintiff had a right to insist upon no school being kept, and not to be ohlig i g to ' submit to the smallest amount of annoyance. opinion, therefore, was that the injunction must be granted, but it should be so qualified as not to interfere with Miss Wilmahurst for a year to come.