The Express.
London, England, 1846-10-31 00:00:00

NAVAL.

-
The Eurydice, 2G, Capt. Anson, arrived at Devonport on
Tuesday afternoon from Portsmouth, where she is to wait
for nual orders previous to her sailing for the Cape station to
relieve the Conway, 26, Capt. Kelly.—The Recruit, 12,
Commander Slade, is expected to return to Devonport, when
it is understood Mr. Walker has obtained the authority of
the Admiralty to correct the attraction which the hull of the
vessel, being of iron, has upon the compasses—The Swallow,
s., bound to Tralce with provisions, was driven onshore dur-
ing the late gales, with but little hope of her being saved.—
The Tartarus, a., arrived at Devonport from Ireland on
Tuesday, and proceeded thence to Woolwich.—The Scourge,
s., Corn. C. Coffin, arrived at Devonport on Saturday, with
marines for Ireland, who were transferred to the Stromboli, s.
Commander Fisher.—The Stromboli sailed on Tuesday for
Ireland, and the Scourge the day previous, for Rochfort.
—The Cyclops, steam frigate, Capt. Lapidge, is ready for
sea at Portsmouth, and is expected to sail immediately for
Lisbon.—The Gladiator sailed on Thursday for the same
destination.—The Constitution, Brazilian frigate, has been
towed into Devonport harbour, and placed alongside the
Vigo hulk, to which the crew and stores of the Constitution
have been transferred, and the Sealwrse is to be taken out of
dock to make room for her. The officers are to be very par-
ticular in complying with the orders sent down by the Ad-
miral : the ship is very tight and not in want of much
repair. The Alert, 10.—A notice appeared in last night's
Gazette that an account of the wirers' moiety of the proceeds
of a Portuguese brig, name unknown, captured by thissloop,
on the 4th June, 1841, and of the tonnage bounty granted
for the said capture, will ba delivered into the registry-
of the nigh Court of Admiralty on the 9th of
November next, agreeably to Act of Parliament.
The Cleopatra, 26.—A notice was also published in last
night's Gazette to the officers and company of this frigate,
under the command of Captain Christopher Wyvill, that an
account of bounties, &c., received for the capture of the fol-
lowing vessels, will forthwith be deposited in the registry of
the Court of Admiralty, viz.: The l'royresso, captured on
the 12th April, 1843; the Definsios, captured on the 11th
July, 1813 ; the :leak, cap*u.red November 29th, 1843 ; and
of another vessel, name unknown, captured on the same day.
Arrols-ramns, Ocr. 30.—Master A. S. Knight, to the Sphynx.
Chaplain C. S. Bell to the Amphion. Purace and Paymaster W. G.
Mann, to the St. Vincent. Midshipmen IL B. I). Freeman, to the
Penelope ; T. If. B. Fellower, to the Thetis ; and G. Whiting, to the
Mutine. Naval Cadet G. IL. Broadhead, to the Thetis. Clerk A. J.
C. Buxton, to the Penelope. Clerk's Aseigaut J. W. Griffiths to the
Excellent.

SPOR:
NEWMARKET HOD
Tsrunar Mon
LATEST BETTING ON T
2 to 1 apt Sultana.
11-2 Agnes.
7 I Zimarah colt.
II I ('nntier 't.)
12 —1 Circassian Maid

'77NG.
7011 T ON MEETING.
IT. 12 o'Ctric-0.
ruE NURSERY STAKES
13 to 1 art Mies Whip a&
14 1 rink Monet.
15 1
20 1 Dr. libotlall.

Strascatrnos Roox=. —Mr. Gierille and Mr. Drinkakro term
hosing expired this meeting Mr. Payne woo nominated one of the
committer on the part of the Jockey Club, and Mr. G. W. Rush elected
la the room of Mr. Drinkahl.

As an instanceof the careless mode of settling accounts on the turf,
we may mention that Andrews, the clerk of the rooms, found the two
halves of u 500/. note under the grade on Tuesday he immediately
placed it in the hands of Mr. Isaacson, who caused inquiry to be made,
and the requisite identification having been furnish d, it woo reatorod
to the loser, who rewarded the integrity of the tinder with 25/.
FRIDAY.

ftwErrersicrs of 10 AOVA. nai h for 2-yr olds, 7st 71b; three, 94 11b.
The winner to be sold for 200 sovs. if ikusanded„ Sm. T.Y.C. (7 subs.)
Mr. Gully's br f Main-ltraeo (A. Day I
Lord Chesterfield's brother to Stitch (J. Sharpe 2
Mr. Newton's Redwing (S. Mann 3
HANDICAP SWELPI,A.ES, of 20 sore each, and only 3 ft if declared,
Se., for 3-yr olds and upwards. T.Y.C. (9 subs.)
Mr. Eddison's Little John, 7st 110 (Simpson) I
Lord Milltown's Due-an-Dusrus, 74 810 A. Day) 2
Betting: 3 to 1 agst Due-ansDurres; 1 to 1 agst Wilderness; 0 to
1 art Coma Nut ; and b to 1 each agst Laundry Maid and Skeleton.
The running was made nt a capital pave by Wilderness and collinswood,
the favourite and the winner waiting on them. This lot remained in
advance to the cords, where Due.ansDnrras and Little John singled
themselves out, and finished the ram, the gelding winning cleverly by
a length, Cocoa Nut and Wilderness were third and fourth.
Moroi, 310 b ft, A.F. Lord Glasgow's Conspiracy, let 21b (Nat),
beat Lon! Egliaton's Sotades (Marlon). 2tol on Conspiracy. Won
by two lengths.
Armin: Esii Snags of 30 soon each, 10 ft, for bones of an ages,
2-yr olds excepted. A.E.C.
Lord Exeter's Hydrangea, 54 tab (J. Sharpri 1
Lord E. Russell's, Duleet2 84 $b (Manion 2
Mr. Wignim's Becht:rig, i 4
Betting : 3 to 1 art Ilydranger; 3 to 1 agst Wolf Dog; 7 to 2 art
Dulcet; 5 to 1 art liesbeng ; And 5 to 1 art Mowerina.
licslieng made the running, followed by Ilsdrolgea and Mowerina,
the pace indifferent enough to keep the whole lot in a cluster, until
they were within a ihstonce of home. ID drangra then took the lead,
kept it, and woo, but only by a head, Dulcet, who came ut the last,
making the lame so doubtful, that until 'o. 7 sr..a telegraphed, many
thought it was a dead heat. Keelung was beaten two lengths.
h ft. T.Y.C. Lord Orfurd's Prussic Acid, bet (Nat),
beat Mr. W. K. Stanley's Muttons, bet Sib (Robinson). 5t02 on
Paultons; won by a bead.
FIFTY POUND. for 3-yr olds, 74 Gib; four, Net Mb; and fire and
upwanbi, Set 10lb. The winner to be sold fur 10..1 sunk if dom.nded,
•:e. A.E.

Mr. Shelley's Campanile (s Mann') 1
CoL Peel's Queen Anne (Nat) 2
Mr. llerachine's The Slayer's Daughter (Langstaff) 3
Mr. S. llowletes Libation (W. Ablate) 4
netting 7to asset. Caingssalla, mid 4to 1 each sod Queen Anne
and Polka. Mr. Itanalleld .mole the lead, and with Thu Slayer's
Daughter, Campanile, and two or three laid up, mate running at a
good pace to the T.Y.C., Campanile then went in front, was never
zfterwards caught, and won redly by a couple of lengths. Queen
Anne to the second place In the bottom beating The Slayer's Daughter
by half a length. The winner was claimed.
Msree.—loo h ft., D.U. Mr. Dilsitdestone'a Sat 41b (F
Butler), beat Mr. Ileseeltine's Fitzwilliam, Sat bib (Ilumby) by two
lengths. Stol on Giaelle.
KtIVERT Stases of 25 goes. each ; fur two year-olds. D.M.
(18 subs.)
Lord Exeter's f by Ifetroan Flatoff out of Galata. fad 91b.
(J. Sharpe) I
Lord Strathmore's Sultana, 7at 9lb (Nat) 2
Betting: Sto 2 agst Sultana ;5 to toed Galata, filly ; 7 to I spit
7.ipporah colt; 9 to I agst Circassian/114d ; 9 top aglid Agnew ; 10 lot I
agst Crozier ; and 10 to I kind Pink Bonnet. Alter one false start they
got off in a line, the running being taken up by Martinsrale and
Agnes, the favourite, the winner, Dr. Goodall and several others very
forward, but the whole lot laid up. The pace was so moderate that
nothing was beaten off until near the ropes. The Galata filly then
went to the front, followed, but was never caught by the favourite, and
won cleverly by a length. The Lipp orah cult, Pink Bonnet, Dr. Good-
' all and Crozier were well up, but so close tsgether that the judge could
not place a third.—Run in I min. IG at 7.
h ft, T.Y.C.: /dr. Oshableston*s Vice Consul, Sot 71b
(F. Butler) beat Lord E. Ituoiell's f by Theon, dam by Wanton (J•
Marlon). Won by a neck. Even betting.
SwiAiIITAKE* of 10 shove. each, tar 3-yr olds, 7st Glb ; four, Set Mb:
five and upwards, get ?217, The winner to be add fur too sera. if

--
Mr. Mostyn a Wiklernow (W..tbilaie) 1
Cul. Peel's Garry Owen l'Sat) 2
Mr. Rolt's 11Mhop ltoinford's Cab l'. Butler) 3
Betting : 6t04 on Garry Germ and 3to I eget Mackie. Won by
a length and a half, the cob a respectable third, the Queen of the
Gypsies a bad fourth.
Marro.-200 Bova., h ft. Cambridgeshire Course. Mr. Stewart 's
Cranebrook received ft front Mr. Nun's Prior of st. ]tarj'arrt'•.
Morn.-200. Duke of Bedford's Foragune, Sot 101 b, received 50
110 Yr. ft from Lord Chmterteld'a Free Lance.

I ato Enteltsctue.

EQUITY COURT.
Before Vice-Mancellor SirL. ShadwelL.

ATTORNET-GENERAL V. THE ELHL or DEVON AND
OTHER/.—Judgment in this case, which has been before the
public several times already, was delivered by the Vice-
Chancellor on Thursday. The dispute arose as to the ad-
ministration of the school at Tiverton, in Devonshire, better
known as Blundell's School, and which was founded by
Peter Blundell, a native of the place, by his will bearing
date the 9th of June, 1599. The chief points to be decided
were, whether it was the intention of the founder that
boarders should be admitted into the school; what the testator
meant by the term " foreigners ;" and whether the school
was to be strictly a grammar-school, that is, confined to in-
struction in Latin and Greek, or whether a more extended
system of education might be introduced. His honour ob-
served that this case had been before the present Lord
Chancellor and Lord Lyndhurst, and, feeling that the
present was a new case, he had studied both their
judgments carefully. Lord Cottenham rested his decision
upon the statutes of the school, and thought from the true
interpretation of them, boarders could not be admitted.
Lord Lyndhurst adverted to the powers given to the trustees
of augmenting, expounding, and reforming the statutes, and
thought that although they never had been altered, yet that
the taking boarders being in the cognisance of the trustees
was an equivalent to an alteration, and referred it to the
Muter of the Court to inquire whether the practice should
continue. From the judgments of both these noble lords be
had it, that in order to determine what should be the rule of
government in cases of this kind, it was the duty of the
court to look at the founder's statutes, and first of all as to
the great question whether boarders should be admitted ;
the testator, after mentioning many things not relevant,
directs that in the said school should not be taught above
the number of one hundred and fifty scholars at any one
time, and those from time to time to be of children born,
or for the most part brought up, before their age of air
years, in the town or parish of Tiverton. And, if the same
number be not so filled, his will was that the want should
be supplied with the children of foreigners, and those
foreigners only to be received and admitted from time to time
with the assent and allowance of such ten householders of the
said town of Tiverton aforesaid, as for the time being should be
most in the subsidy-books of the Queen, for ever. His
Honour observed here, that the term " foreigners " was ob-
scurely used by the testator, but that by it he clearly in-
tended to describe these children who were not born in the
town or parish of Tiverton, and were not brought up therein
before the age of six years. The testator then says that the
children of such foreigners only should be received as were
of honest reputation, and feared God, without regarding the
rich more than the poor ; and that no scholar should be or
continue in the said school as a scholar above the age of 18
years, or under the age of 6 years ; and none under a gram-
mar-scholar, and a schoolmaster, who should for the time
being have the use of the rooms and buildings, and also one
usher, who should have in the said building one chamber
to himself only; and the schoolmaster for the time being
should have yearly for ever 501., to be paid quarterly, and
the usher twenty marks, to be paid in like manner quarterly.
Then he uses these emphatic words : " And my hope and de-
sire, and will is, that they shall be satisfied and content with that
recompenee for their trouble, without seeking or exacting any
more either of parents er children which procureth favour
to givers and the contrary to such as do not or cannot give,
for my meaning is that it shall be for ever a free school
and not a school of exaction." Now there is no ambiguity
in the words themselves ; the only question is whether the
taking boarders is comprehended within them, and his
Honour was clearly of opinion that if it was meant that the
school should be a„free school and a school without exaction,
it was most manifest that boarders must be excluded, for
you can sup no plan which will not bring to the masters
takingboarders some profit ultra what the founder intended.
The words of the founder are explicit and on their own face
unfold his meaning, and his Honour felt that he must take
it as a rule laid down by the founder himself, that hoanlers
should not be admitted. Such was his decision, and if any

damage should arise to the school therefrom, parliament
alone must interfere. With respect to the admission of
foreigners, there had been a failure of the testator's inten-
tion, inasmuch as the subsidy books were now done
away with; yet when the trustees elected foreigners
from a deficiency of native boys, and when exhibitions
were granted them, they still required that whimsical
form of exhibiting a shadow which appears not such a thing
as the Court would allow to continue. His Honour's notion
being that it must be referred to the Master to determine
who the ten householders should be, it being plain that the
testator meant those who appeared to be most wealthy. The
next question is, whether the school is to be considered alto-
gether as a grammar school; and the testator evidently
meant by a grammar school, a school in which at least Latin
and Greek were taught. His Honour then adverted to the
statutes passed for regulating charities, and observed that,
taking it for granted that it was a grammar school within the
statutes, there was no reason why thPre should not be a
scheme for giving instruction in other matters besides Latin
and Greek ; it was the surplus only that was sought to be so
applied by the Attorney-General, and there seas no desire
that the fundamental rules of the school should be varied.
It was also plain that the testator required something in the
way of exhibition of proficiency even in the youngest child
brought as a candidate, because the master was to de-
cide whether he was six years old, and not under a grammar
scholar; that is, whether he had received such a preliminary
education as would fit him for receiving the more extended
education of the school. His Honour made this observation
because many of the witne-se's wished to show that there
was a great hardship in the people of Tiverton being obliged
to give this preliminary education, many being so poor as to
be unable to do so ; but it was a mistaken notion to suppose
that the court would not attend to the testator's intention
and would make the school a sort of village school or com-
mercial academy ; it was not so; those who would have their
boys enjoy the advantages of the school must take care when
they were admitted, that they were not, in point of proficiency,
under a grammar scholar. It was quite consistent both with
the language of the statutes, with the wishes of the parties,
and he might say with the very purposes of the trustees
themselves as exemplified in their amended scheme in 1439,
that there should be some other instruction than that con-
fined to the learned languages, and any doubt that he (the
Vice-Chancellor) had on the subject was completely cleared.
up by the evidence of Mr. Almond, who was examined in
chief by all parties, and on where evidence he could place the
greatest reliance, not merely because he had been
educated at Cambridge, but because he had filled.
the situation of mathematical and classical tutor,
and he was clearly of opinion that the system
of education might be extended with great advantage to
other branches, and include mathematics and one or more of
the living languages, such as French or German ; in this
opinion his Honour entirely concurred, and therefore it
should form a part of the decree that the master should con.
eider a scheme for that purpose. Tho only other point for
his consideration was this. It was alleged, on the face of the
information, that much inconvenience arose from the fact
that of the trustees, one lived in France, and another in
Guernsey; but, from the answer of the masters, it appeared
that such allegation was expressly denied, and that there was
not a word in the evidence to support it. Orig:ually, it
might be necessary that the trustees should reside near the
trust, but the facilities of travelling were now so lunch in-
creased, that that objection was done away with ; the words
of the testator are, that any vacancy in the trust was to be
supplied by the heirs of the feoffees or other near inhabi-
tants, and it wag plain, when he says heirs of (Coffees, that
he has not made it absolutely requisite that they should
be near in any sense, and " near inhabitants" was a very
vague expression. There must be a reference to the masters to
inquire and state of what the charity property consisted, and its
clear income and value, and a declaration that the whole
surplus, after all exile: es were paid, ought to be applied for
the benefit of the school, and that neither the masters nor
ushers ought to receive any payment front the boys educated
at the school, or to take boarders ; that foreigners" should
mean children not born, or not brought up bi fore the age of
six years in the town or part-h of Tiverton. The master to
settle a scheme for the proper application of the surplus in-
come, and to consider whether it would be proper to add to
the number of ushers and assistants in the aa1..001, and what
part of the said income should be applied in any and what
matters of science and literature, including one o' more of
the modern linguagea. An inquiry what should be a more
proper qualification for the ten householders, in the will
mentioned, in lieu of the qualification therein contained.
• The costs of the relators and defendants to be taxed and paid
by the trustees out of the moneys in their hands belonging
to the school, with liberty to apply.

COURT OF BAN KRUPTCY.—YESTERDAY.
Minn Mr. Commissioner Shepherd.
Taiwo, READISO, AND BASISOSTOKE It.tILN.tY Co.—
Mr. R. Ford, solicitor for the committee of shareholders, to-
day applied to the court to grant an order to inspect the books
and papers in the possession of the official assignee, belong-
ing to the above company, and for copies of the several ex-
andnations (private) which have taken place in this case,
upon the ground that it was necessary for them (the share-
holders) to inspect them, preparatory to the meeting fur the
proof of debts, as he (Mr. Ford) intended to insist upon
the part of the shareholders that the debt, sought to be proved
were not properly contracted by the committee of manage-
ment, and, therefore, could not lo proved against the fund
which the shareholder,' had subscribed.—Mr. Lawrence, so-
licitor, stated, that he had no objection to the application, as
he 11 as anxious to afford the shareholders the fullest, oppor-
tunity for investigation ; but whatever questions might here-
after arise between the directors and sharcholdera, the right
of the creditors as to receiving a dividend could not be af-
fected.—The court made an order fur the inspection of the
hooks, but refused to permit copies of the examination to be
taken.