The Express.
London, England, 1851-06-06 00:00:00

SPORTIgG.

ASCOT HEATH RACES.-THURSDAY.

The "catalogue raiment" for the grand day, if it fell
short by comparison with Tuesday, was in itself satisfactory
as to quantity. We cannot say much, however, for the
character of the sport ; the earl iiiiee.pearance of the two
" cracks" of their respective years—The Flying Dutchman
and Voltigeur—and the scratching of Nutshell on Saturday
last, having left the grand prize to the competition oft!, mud
class animals, and sadly detracted from its interest, both as
a betting race and as a source of attraction to the public,
manifest in the little notice taken of it at Tattersall e, and
still more obviously, in the inferiority of the attend-
ance, compared with former Cup days. The list, fortu-
nately, had a strong feature in the New Stakes, always
a sporting race, and on this occasion rendered more than
usually interesting by the advent of two of the leading
favourites for next year's Derby, viz., Lord J. Scott's
brother to Elthiron (also brother to Miscrrima and Wind-
hound), on whom large sums have recently been invested at
and 2.5 to 1, and Col. Peel's colt out of Queen Anne.
The Visitors' and other plates tilled well, so that, as we
have before stated, there was no lack of amusement. To
the "shortcomings" we have referred to must be added the
rival and cheaper attraction in Hyde Park, and the doubtful
state of the weather in the morning, each serving to prevent
so great a crowd as we have been accustomed to meet on
Thursday. Notwithstanding these drawbacks the gathering
was enormous, and long before the commencement of
the races the appearance of the various stands would
have suggested anything but a fulling off to those
who have not been habitual attend into at these meetings.
The first race was get, as on Tuesday, for half-past one; but it
was not until a few minutes of that time that the illustrious
party from Windsor Castle arrived on the coat se. The proces-
sion consisted of six carriages and four and four pony phaetons.
In the first carriage were her Majesty, the Duchess of Saxe
Coburg Gotha and the two Princesses. In the second,
with Prince Albert were the Duke of Saxe Coburg Gotha,
the Duke of Wurtemberg, and Prince Edward of Saxe
Weimar. The visitors and suite consisted of the Prince of
Leiningen, the Dukes of Wellington, Norfolk, and Rut-
land; the Duchess of Sutherland, the Marquis of Abercorn,
the Earl and Countess of Eglinton, Earl and Countess, Jer-
sey, and Lady Clementine Villiers; the Earl and Couutese
of Granville, Earl and Countess Grey, Earl and Countess of
Yarborough, Lord Seymour, Lady C. Gower, Lady Alice
Lainbton' the lion. Miss St. Maur, Lord Dufferin, General
Weinyes,Colonel Bouvcrir, the lion. Miss Seymour, Sir F.
&ono, etc.
Her Majesty was received enthusiastically, and her ap-
pearance at the window of the Royal Stand, with the royai
ahlildren, was greeted with prolonged cheers. The course
was cleared immediately alter, and at two o'clock the first
i event of the day, the Visitors' Plate, came off. With re-
ference to the Emperor's Plate, which was neat in the
order of running, we should state that the betting, owing to
the uncertainty that prevailed as to the intentious of the
Russborough party, was for a considerable time at a stand
still. It was known that Lord Eglinten had been in treaty
fur him on Wednesday evening, but it was not known that
his lordship's offer had been declined ; in fact the public
were kept completely in the dark until a few minutes
past one o'clock, when it was officially announced
that the horse would not run: As a matter of
course those who were "on " exclaimed loudly against
Mr. Mangan, giving vent to their anger in terms too strong
to be mentioned. Little need be said of the race : Wool-
wich, the property of two or three parties connected with
the "ring," waited on the favourite until within the dis-
tance, and won in very clever style by a length. Of the
succeeding events it is only necesary to refer to the one to
which we have already alluded—viz., the New Stakes. Fur
this 12 came to the post, Brother to Elthiron, on whom
odds were laid at starting, winning cleverly by a length.
To this followed the 701. Plate, immediately alter which
the Queen took her departure auieLt demonstrations of re-
spect and attachment creditable to the " lieges" and evi-
dently gratifying to her Majesty. The weather, generally
fine on the occasion of royal visits, took an unfavourable
turn immediately after the Cup race, and, until after
the but event was decided, was wretched ; the
rain never ceased, the (mune became a forest of
umbrellas, and the formation of a regular betting ring
was out of the question ; in fact, from the time the Queen
lett saute qui petit became the order of the day ; to obtain a
listof the f'ashionables under such circumstances, was out of
the question, but we may venture to say that if the attend-
ance showed a falling off in numbers, it was in other
respects scarcely inferior to former "cap days." The
bosinees details of the day were got through satsfactorily,
and we must do Mr. Hibbard, junior, the justice to add
that he proved himself a very competent starter.
The races, which were brought to a close shortly after
five o'clock, resulted as follows _ .

lab) intelligence.

EQUITY COURTS.—YENTEn u.t Y.
Simms TIK MASieit or IRK Rom..
TRYE T. THE CORPORATION or ULM. C'E.•'Ct.
MOUTMAIN. _ . .

This suit a J 9 instituted by the executors of the I ite ('ol.
011ney, of Cheltenham, to have his estate administered, and
certain questions arising upon his will determined by the
court. The testator was entitled to this c several niortg.iges
on the estates of Lord Aldborough, in Ireland, for 12,01,0/.,
20,000/., and 5,010/., and being desirous of bequeuthing the
money for charitable purposes, and under toe impression
that the Mortmain Act, 9 Geo. 11., c. 30, applied to Ire-
land, which it does not, and being therefore desbous of
eroding its provision.,' he entered into an agreement
the 2nd of January. 1836, with William Charles King far a
nominal sale to hint of the several mortgage debts for
36,000/. ; and by hi, will dated the 3rd of January, 1839,
the testator gave this 36,0001. to the plaintiffs on trust, to
invest the same in government securities, and accumi.: ate
the income during the life of his wife, and then to tear. er
so mush thereof as should be equal to tar value of 5.,•1A0.
sterling into the names of the mayor and cora:oration of
Gloucester, upon trust, in the first pLce, to raise
1,3001., which sum he dircetcu should, in the
event of any land awing given or granted to Ca,
said mayor and corporation for the purpose of his ehr...,ty
within the period of 10 years next att. his decease, under
the provisions 9 Geo. 11., c. 36, be laid out and expended
in or toward the foundation and build'aig and furuighing a
substantial hospital or almshouse for the city of Gloue,,ster,
according to the scheme or plan which he hail drawn up
and signed for the due regulation of the hospittl or alms-
house, which he intended should be founded and established
in due time atter his decease, and he directed that the assi-
due of the 8,4410/. should be laid out for the benefit of the
city of Gloucester upon the trusts declared by hint in his
said scheme or plan toe the foundation and endowment of the
said almshouse ; and his testator directed other part of the
said trust monies, equal to 8,000/. sterling, to be transfctred
to each of them, the mayor and corporation ot"lewkes-
bury, the minister, and churchwardens of Cheltenham,
and the ministers and churchwardens of Winchcumbe, to
be applied for the fouia:ation of almshouses in each of thoito
places, in the name manner as he had directed us to the
almshouses intended to be founded by him in
Gloucester. And he directed that no part of the
said trust monies should be applied in purelinting
laud, and that in case no land or site should
be granted or conveyed for the purposes aforesaid within
ten years after his decease, then so much of the said trust
monies as should be incapable of being applied for the pur-
poses aforesaid should sink into and form pail of his resalu-
ary personal estate. which he gave to certain parties therein
named. The testator died on the 16th January, 1836, and
his widow in 1838, and it was not till January, 1846, that
the eorporatious of Gloucester and Tewkesbury, and the
churchwardens of Cheltenham and Winchcombe respec-
tively, procured grants of lands fot the erection of the anus-
houses intended to be founded by the testator. The con-
veyance of the land in each ease was executed before the
completion of the ten years from the testator's decease, and
all of them enrolled in Chancery according to the requisi-
tions of the Alortmain Act within that period, except that to
the corporation of Gloucester, which WRY not enrolled till
21st January, 1846. The questions now discussed were,
first, whether a gift of mosey to be applied in builel:ng an
almshouse, in case land should be given for that purpose by
some other party, was valid, having regard to the provisions
of the Mortmain Act; and, secondly, whether, aupposlug
such gift to be valid, the donecs of the bequests for that pur-
pose in this case had respectively complied with the eonddion
of the testator as to procuring a grant of land for sites within
ten years after his death, which depended on the question
whether the grants could be considered as made within the
meaning of the testator; although, as to that to the corpo-

THR VISITORS' PLATE of 100 eOTS, and 2,5 for the second
(handicap), by sub of 5 goes. each ; one, round and a dis-
tance._ _ _

Mr. Stephenson's Minna, 4 yrs, 7itt
Mr. Nestire Artisan, a yrs, yet 101 b IA. Ptri.) 2
Mr. C. Formby'. IlsOMl Girl, 4 yrs. fast iilb (Sherwood) 3
Betting: 6to 4 apt Nines (t freely), 4to 1 apt Ballet
Girl, and sto 1 agst Artisan. Landseer took the lead at
starting, and, followed alternately by the Ballet Girl, Arti-
san, and the Monica colt, made play until near the road
over the old mile, where the race was lett to Ballet Girl,
Artisan, Landseer, and Minus, the latter, who had hitherto
been lying away from his horses, now being fourth, with
the race in hand. About half-w.iy up the distance Ninus
went in front and won in a canter by two lengths, a similar
interval disiding the Artisan and the Ballet Girl, Landseer
a bad fourth.—Run in 3 min. 54 secs.
A PIECE OP PLATE value 500 9044., the gift of the
Emperor of Russia, addet to a sweepstakes of 20 son. each,
for 3-yr-olds 6st 10, four Bst 51b, five list, air and aged
list 31b, mares and geldings allowed Jib. About two miles
and a half. (8 subs.)
Mr. Campbell'. Woo/with, 3 yr..
Lord Ewer'. Little Jodi, • yrs --(Robinson) 2
Mr. Combe'e Trouncer aged(Rogtrs) 3
Captain Arehdall's Witithasharrata, Iyr.
Betting at starting :-6 to 4 apt Little Jack, 7 to 4 apt
Woolwich, 5 to 2 apt Trouncer, and 12 tol apt Windiseh-
gratz. Little Jack went off with a clear lead, followed by
Woolwich, Trouncer well up with the latter, and Win-
dischgratz, who had nothing to do with the race, last.
There was not the slightest change in this order until they
were inside the distance, Woolwich there joining Little
Jack, heading him opposite the stand, and winning cleverly
by a length. The same between Little Jack and 'fronneer.
Run in 5 min. 60 sees.

ration of Gloucester, it was norenrolleel till after the expi-
ration of the t. n year.. And as to all the consiyances, the
twelve months durine which the Murtmain Art requins
the grantor to live after executing a conveyance for cha-
ritable purposes, had not then expired.
Mr. K. Darker and Mr. Eliterten were for the plaint:till;
Mr. Lloyd, Mr. Walpule, Mr. R. Palmer, Mr. Lewin, !ilr.
Ilaig, and Mr. dollitfe, were heard for the corporatioi, of
Gloucester and Tewkesbury, and the ministers and chuteh-
wardens of Cheltenham and Wincbcomiw.

Boon VICI4CHAPCVLI.O. T•'RYRh
MoAT r. NOILISON.—INJUNLTION..

The plaintiff and defendant had been engaged in a part-
nership as " manufacturers and vends es of Munson'si I.lni-
versal Vegetable Medicines," under an agreement, origi-
nail), entered into between James Morison, the father of this
defendant and inventor of the medicines, and the father of
the plaintiff. The plaintiff and defendant had succveued to
the shares of their respective parents in the concern. In
the original deed of partnership Morison covenanted to com-
municate the secret of the process of !nuking the medicines
to Meat, awl Moat covenanted not to communicate ouch
secret to any person whatsoever, and it was awned that
Morison should remain the sole proprietor of the secret.
Prior to the forroatiou of the partnership, labels to be an-
nexed to the medicine% were prepared by Munson, and left
'by him at the Inland Revenue Office, Somerset House,
where blocks or plates were prepared ter stamping such
labels. The secret of the manufacture had been communi-
cated to Moat, the father, by Morison. Upon the dissolu-
tion of the partnership u question arose no to the light of
user of these tamps. The defendant contended that. as the
sole property in the secret of making the medicines
was preserved to his father by the terms of the
deed, the right of user of the stamps belonged
to him as an incident of such sole property. The
plaintiff, on the other hand, :contended that the right of
user of the stamps and the property in the blocks was part
of the partnership property, awl he claimed to have a shore
in such user in proportion to his share in the partner:hip.
This right he had been unable to assert at the Suimpsettiee,
where the title of the party who originally took out the
stamp was the only one recognised. f he object of the hal
was to restrain the defendant from preventing such user
by the plaintiff of the label stamps.
The Vice-Chaueellor observed that from the statements
upon the bill, the plaintiff appeared to have elm:anvil a
knowledge of and an interest in the secret of the manufac-
ture, and that an injunction could not go iu his favour tin-
less it appeared that he had either lawfully acquired such
knowledge and interest, or that he had dealt with the de-
fendunts upon that understanding. As neither of these
points were established in the bill to the satisfaction of
the court, the injunction must be refused, but without costs.

ST. JANES'S PALACE STAKES Of 100 soya. each, h ft ;
for 3-yrs-olds ; colts, Bst 71b; fillies, Bat 41b. Old mile.
(5 subs.)
rilr J. Hawlsy's The Baa— (7. Maroon) I
Lord Exeter's Midas —(Norman)
sto 4 on the Ban, who made all the running, and won
easy by a length. HOS in 1 min. 59 sees.
Nnw STAKES of 10 Bove. each, with 100 added, for 2-yr-
olds ; colts, Bst 71b; fillies, bat 311 a; winners extra. T.Y.O.
(46 subs.)
Lord J. doott's Bn.tber to Elthlron (Whiteboal 1
Mr. Drinkald's Grey Tommy . Madam
Col. Peel's by Ventenn—Qtwen Anne (Flamm
6 to 5 on Brother to Eltbiron, 5 to 2 agst Queen Anne
colt, and Bto 1 agst Grey Tommy. Buckthorn went to the
front at starting, and with close attendants in the two
favourites and Grey Tommy, made strong play to the dis-
tance; the favourite then took the lead, requiring a little
shaking, however, to get him away from his horses, and
won, rather cleverly, by a length, Grey Tommy beating
Col. Peel's horse by half a length; Bents and Buckthorn
were next. Rim in 1 min. 18 aces.
PLATE of 701. Handicap. Three quarters of a mile.
Mr. Drinkald'. Plarwap, 4 yr.„ Tit 10Ib (Modal I
11 r. Oalpin's Despair, S yrs, est (J. Hewlett 1
Lord Waterford's Pirelli* ftly, 3 Ire, let 11th (3totertamt 3
1 to 1 aget Despair, 5 to 2 apt Catalpa, 4 to 1 agst Flare-up,
and 5 to 1 agst The Sphynx. Lord Waterford's filly cut out
the work until half way up the distance, where Flare-up
and Despair went up, the former going on with the limning
sod winning very cleverly by a length. The race was not
timed.
SWKEPSTALES of 50 SOTS. each, h ft. for 3-yr-olds. Swill.
ley course.
Lord Exeter's Moth" dat fib
!Aid Exeter's Ptalagra. let Illb (Flamm) 3
sir R. Pipes Ittlanymada. Mt lb .
No betting. Phlegethon made all the running and won
easy by two lengths. Run in 2 min. 36 secs.
STAND PLATE of 70/. Swinley course.
Lord Exeter'. Preelaw, 4 yes, 7rt Mb (Norman) I
Kr. WIWI'S kg Mogen% 4 yrs, lot Mb (Trees) 2
Betting : 6 to 4 on Preslaw, who made all the running,
and won in a canter by two lengths.
HANDICAP for the WOKINOItANS—(FRIDAT)—FIR'iT
CLASS. —The Old Fos, 5 yrs, Ost ; Preview, 4 yrs, Set 81b ;
Despair, 6 yrs, Bet 61b; Hungerford, 3 yrs, Sat 46, ; lone,
3 yre, Sat; itemuncrator, 4 yrs, Bst: Valentine, 4 yrs,
Tat 131 b; Sir Rowland Trenehard, 3 yrs, Tot 41b; Cane,
3 yrs, Est 41b; Lady Sale filly, 3 yrs, Est 11b.
SECOND CLASS.—Strongbow, 5 yrs, Ilst 121 b; The 0:d
Fox, 5 yrs, Set 21b ; Flare up, 4 yrs, Bst ; Renumerator,
4 yrs, Bst; Grief, 4 yrs, let 71b; Utrecht, 4 yrs, 7st 416;
Letter PAM, 3 yrs, Bst 41b; Serum, 3 yrs, Est 41b ; Faux
Pas, 3 yrs, tiet 41b.
The races COMEICE

B',llll !MID COANWOWTH (VIANI.CHANC.II.IO.

RII.PDX T: :71:;1-17N-CTICTM-1*-0-11-LS-11C1- ;9 rill

WuRKINO OF MINES REFUSED.

This was au application for an injunction to restrain tho
defendants from working certain coal mines under lands
alleged to belong to the plaintiff, and for liberty to the
plaintiff to inspect the defendant's mines, in order to ascer-
tain the extent to which they had been worked. The de-
fendant denied that his works extended under the plain-
tiff's land, and contended that the court had no rigut to
grant the inspection asked for.
Lord Cranworth said the court had no power, in his
opinion, to grant the plaintiff leave to go upon the darn,-
ding's property to examine how far the mines extended,
for the purpose, in fact, of ascertaining whether he had a
right of action against the defendant or not. A. to grant-
ing the injunction his opinion wu that the plaintiff had not
established his title to the hunt, under which he complained
that the defendant was working. lie should, thereture,
refuse to grant the injunction.

COURT OF QUEEN'S BENCll—YEstmumir.
&Trawls Barra.—DßYOkk LORD CAMPID.LL, MR. JUYTIO rA,
1101, MM. JIISTICR ODLIDORKOL AND Mi. A.RICR /ROA .
COOLANU V. DIXON AND OTHEIti.—etANTY COURT
Cone.

This was an action of trespass tried before Lord Camp-
bell, for breaking and entering the plaintiff's house and
taking therefrom certain goods and fixtures. The defen-
dants pleaded, as to the breaking and entering, that they
were not guilty ; secondly and thirdly, as to the fixtures
and good, and chattels, that they were not the property of
the plaintiff; and, fourthly, that they committed the acts
complained of with the leave and license of the plaintiff.
The jury found a verdict for the plaintiff on the firt and
fourth /OUCH ; and for the defendant on the second and
third. Damages 51.
Lord Campbell refused to grant the plaintiff a certificate
to give him his costs.
Mr. Ilawkies now moved for a rule under the 13 au.l 14
Vic.' c. 61., aces. 11, 12 and 13, to allow the plaintiff his
costs, on the ground that, under the circumstances' tho
action could not have been brought in the county court. It
appeared that the house was situated within the district of
the Westminster County Court, but the principal defendant
resided and carried ou his business within the limits of the
London County Court, and of the two other defendants,
who merely acted as his servanta, one lived in London, and
the other was stated to have lived within the jurisdiction of
the Westminster County Court, but upon search made in
the place where he was stated to have lived, he could
not be heard of. It did not appear here, therefore,
_ that any one of the plaintiffs lived within the juriailietion
DRAM OF COLONEL T. FRANCKLIN, LATE R.A.—
of the Westminster County Court, and although by leave of
the judge under ordinary circumstances !I plaint may be
Colonel Francklia, formerly of the Royal Artillery, died
at Blackheath, Kent, on the 4thinst., aged 86 years. Ile entered when the defendant dues net live within the juris-
diction, that only applies when he lives in some other die-
entered the service in 1782, and in 1819 attained the trice erected into a county court district, under the samo
rank of colonel. In 1823 Colonel Franklin retired from act which will not apply to the City of London district,
active service. , which was created by an entirely separate act of parliament.
ZOOLOGICAL SOCIETY OF LONDON. —At the This, therefore, was not simply a case of concurrent judo-
monthly general meeting, held yesterday, at the society's diction, but one where uo action at all could be brought in
house in Hanover-square, Blight Hon. Sir 0. Clerk, Bart., the county court. Then by 13 and 14 Vie., c. 61, a. 11, It
M.P., V.P., in the aide, Miss Fry, Lord Leigh, the Hon. was enacted that if a plaintiff in any action of tree-
Capt. H. A. Murray, R.N., Mesas. F. Thompson, J. D. pass, trover, or case other than malicious presecution, libel,
Llewellyn, G. R. Waterhouse, and W. It. Flower were slander, criminal conversation, or seduction, should recover
elected fellows, and Dr. Percy, Messrs. F. 11. Gabriel, J. a sum not exceeding 51., he should have judgment for welt
Blyth, J. Lubbock, Crowley, Wilson, and Evans were pro- sum only, and no costs, except in the cases provided for by
posed as candidates for the fellowship. The report of the the next section, which enacted that if a plaintiff in such
council stated that among the additions made to the mina- cases should recover less than 51., and the judge who tried
gene during May was included a second specimen of the the case should certify that the cause of action was our for
great Malayan tapir, which bad been obtained for the which a plaint could not have been entered in the county
society through the obliging esertions of J. Dunbar, Esq., court, or that there was sufficient reason for bringing it in
judge of the Suddur Court at Calcutta. A living specimen the court were it was brought, the plaintiff should have
of the great red , from the interior of-Australia, judgment to recover his coats. And by see. 13, if in any
has now been obtain for the first time; and among the such action the plaintiff should make it appear to
donations there are two other Australian species, which are the satisfaction of the court, or of a judge at
also entirely new tel the collection, these are redicnemus chambers, that the action was brought for a caries
grall4sius, presented by Dr. Wag, and • sioEularlY curious in which concurrent jurisdiction was given to the
superior courts, or for which no plaint could have been
rthoef entered in any such county court, then the court or indite
vuilisardudipreeedurinntedilly
pmeHnonted.
ar.
1%7.
inTcreheasenuomvebc;
corresponding period of last year, and were, in fact, the
largest ever known. "may," by rule or order, direct that the plaintiff-shoo should re-
cover his costs. The learned counsel admitted that this see-
LONDON AND DURHAM UNIVERBIIIEII.—The Mae- tion left the matter discretionary with the court, but the
tars of the Bench of Gray's Inn have recently passed an jury had determined that the plaintiff had suffered to the
order that members of the London and Durham univer- amount ot 61., and it was clear that he bad no remedy ex-
sities shall have the same privileges with respect to call to apt in the aumke court.
the bar at Gray's Inn as are enjoyed by the members of the Levi Camp said that as this was a matter of discre-
universities of (Ilford, Cambridge, and Dublin. tion, be maintained the same opinion now that lie slid at the

at half-paat tweao.