The Express.
London, England, 1847-07-08 00:00:00

ROYAL THAMES YACHT CLUB.

Yesterday a sailing match for a parse of 100 sovereigns,
and which excited very general interest, took place on the name&
the starting point being at Frith, the course thence to the Nore Light
and back again to the darting point, a distance of nearly 60 melee.
The prise entrles were a greater number than usual, comprising
yachts belonging to the principal eaihng clubs of the kingdom. The
thief regulation in this match was, that for difference of tonnage half-
minute time per ton was allowed upon yacht. coming in. The
steamers Meteor, Gem, Ariel, and Waterman No. 10, were engaged
to accompany the competing yachts, and were filled with fashionable
spectator& The Meteor carried the commodore (lord A. Paget), the
vice commodore (Captain Remelt, the committee, and their mutte-
rer= friend& The Marquis of Ang.ney was, as usual, present in
his yacht the Pearl, and so woo the Duke of Beaufort, too,mpanied by
the Earl of Cardigan, In his mace's yacht the Intrepid. At a quarter
past eleven the noble oommodort gave the signal of preparing to
abut, and of the 19 yachts which had been entered, 11 obevol the
signal, and took their position In the Miaowing order Chamois,
a tens, Southampton, Smyth Nast, Esq.; Bailee, 50, Weymouth, T.
P. Wickham, Esq.; Prineess Olgs„ 35, Cowes, T. B. Rutherford Fog ;
Secret, 25, London, T. W. Smith, ; Inn, L, London, H. Gibson.
Esq.; Bill/CO, 31, C 0.,., lord C. Paget ; Snake, 20, Poole, T. and T.
St. Wanbill, Erquires; Lilly of DO5Oll. 31, Plymouth, W. P. Moore,
Esq.; Blue Belk 31, London, Twieglen Hodges, Eaq.; little Gauntlet,
15, Portsmouth, A. ['contain, Esq. ; Antagonist, 25, London, G. P.
Naylor, Esq. At the firing of the stoning-gun, at twenty-Ms minutes
past eleven, the different crews hoisted canvas lOW equal rapidity--
the Snake and the Bianca taking the lead. The }entree to op
the third position; the Secret a good fourth, and the In., following
the In, the fifth. They maintained this position to the Mere
Light, with no other remarkable change or Incident arc the follow-
ing The Eclipse, la Long Reath, got the Ora position; the Secret
obtaining the moond. In the Loner Hope the Bianca sad Chanson
declined the contest. The Nore Light was wounded In the following
time and eider Wire, lb. tOrn. tie.; Secret, lb. 40m. Ile.; Snake,
2b. Sim. Its. ; Prince. Olga, 2h. Sim.; Ino, 2h. 55m. 20a. Antares.
nisi, 25. MM.; Blue Belk 2h. ssm.: Lily of Devon, 2h. Mho. 25.;
Gauntlet, 3h. 7m. 40.. In rsonaing, the Lino weathered on the Prin-
cess Olga, amidat great cheering, the Blue Bell doing the like to
the Lily of Devon. In the tipper part of Sea Reach, the Blue
Bell overhauled the Snake and In., and a beautiful race ensued be-
tween the two latter horde. Prom this paint home, no Important
change took place In the relative pneition ne the yachts, and the In-
terest was entered in the leading own, the Eellme and Secret, sod
continued an to the end. The boats reached the goal in the following
time and order Oh. Sm. 41e.; Secret, Oh. 15m. 46c.; Blue
Bell, oh. 21m 23e.; Antagonlet, 6h. 26m. 400.; Smoke, 6k. 23w. 100 ;
Tao, 6h. 330. Gs.; Lily of Devon, 6h. Men. SOP.; Prince., (yea, Gb.
33m. 18.. The puree and its contents were handed over by the noble
commodore, with a congratulatory address, to the spirited and sue.
manful owner of the Secret, that bat having comparatively won the
match by half a minute.

lath Ent,lifpnce.

EQUITY COURTS.
Before the Lord Chancellor.

BLAIR AND OVUM> e. BROMLEY AND °TREAS.—PRATO.
—LIABILITY OP A PARTNER FOR MONEY MISAPPLIED
BY •NBTMER PARTNER. —The wu en appeal against a de-
cree of Vi,v-Chancellor Wigrans, declaring that the defend-
ant, Joseph Warner Bromley, &solicitor, was liable to make
good a arm of 4,1001. tram money, paid in by the plaintiffs
fa LIMO, tba beerblK tithe defendant and his then partner,
WIN= Dreedey, OD be invested on mortgage. William
Dewabey, who was the correspondent with the plaintiffs, re.
IMIWIeaIPe Bum this :he Mese) wee duly bireeteat 144 he

paid the interest of the alleged mortgage regulr,ly
until
1839. The partnenbip between hint and the dr:',guatnt eau
dissolved in 1831, alter which time William Bromley con.
tinned to be the sole attorney of the pleb-dffe until his be-
owning a bankrupt in 1841, and then tht, plaintiffs discovered
that the 4,6,01. had never been inferred, and lost no time in
tiling the present bill. The appeal. was argued on Wenner
day, 29th June, aad all the material circumstances were
stated in the report in this paper last Thursday. The Lord
Chancellor, now giving hisjudgment, recapindat d the main
facts, and said there was some evidence showing that the de-
fendant knew of the transactions relating to the 4,6001. ; at
all events, that he had the means of knowledge; for
there wee a charge in respect of them in the bills
of cast. Under those eircamstances, the defendant
was liable for his partner's misapplication of the money.
His lordship referred, among other cases, to " Sadler r.
Lie" (6 Heaven), "Evan o. 13ieknell" (6 Tee.), "
ten o. Middleton " (1 Jacob and W.), and mid this ease MI
within the principles laid down in them. The esereqwwwe
was, that the plaintiffs were entitled to be patio the name
situation In which they were, respecting that mosey, during
the existence of the partnership. It was piebalds that the
concealment of the noirinviletninat of the newsy wax not
with a view to fraud, bat it woe to that is He rewalt ; end
it wee his kwdeldifteginisa that Witham% lbseeetlere partner
was liable, es, if be 811 set haw et hi peewee's deceit
with the "money, he eletrialy MI the near et bwenrirxt it.
As to the objection' QM doe had ma swift the demand, it
appeased that the plalslrdid me dimmer the fraud until
1841, sad they thew Med We bOl, and were clearly in time
within the statute of limitations. His lordship aimed the
&wee, with WOOL
DUELIN V. Munn AND OTIMILS.—DUSTOMARY DUES
rx urn or Trrame,—The bill in this case was filed by the
pielatiff, se ricer era parish in Northampton, for an account
trees the eithwilewee. who are eecupien of houses end lands
M deer*
Naha gusto dues at the rate of 6d. in the
ratthe of their houses and lends in lien of tithes.
ames Wipes, before whom the cause came to be
based, directed heelell to My the alleged curtain, and they
law been tried, and a verdict found for the plaintiff. The
ilehaidants ameba' from the Vice-Chancellor's whole de-
lete, and Mr. Remilly, Mr. Eagle, and Mr. Stinton, were
beard in support of it.—The Lord Chine, nee, without hear-
Ibog the counsel on eis other side, said the proper course
'would be to let the plaintiff bring an action at law to establish
his legal right to the enforcement of which, when established,
this wart was ancillary. The plaintiff began at the wrong
end by coming to this court first. His lordship thought the
best thing to do was to reverse the decree and retain the bill
for a certain time, leaving the plaintiff at liberty to bring his
action in such form as he may be advised, to establish his
legal right.

Before Vbre.Chaeoellor Wignua.
BAKRR O. BAKIII.,—CONSTRUCTION OP WILL.—Si
Thomas Bernard, by his will, dated in 1817, after devising
reel estates to his brother Scrape Berard Morland, Esq.,
and reciting that by his own marriage settlement, dated m
1815, two sums of 20,0001. Consols and 10,0001. Four per
Cents. stood limited to trustees, upon trust, after the death
of his wife, to treader the same unto him (the testator), his
executors, administrators, and assigns, u he should direct,
directed and appointed that the said trustees should imme-
diately after the decease of his wife (she having survived the
testator) transfer and make over the said two auras of 20,000/.
and 10,0001. to the persons and in the proportions following,
namely to hie nephew, the Rev. James Baker, one-fourth
past of the said two same; to his nephew, Thom.,
Tyringhun Bernard, one other fourth part of the
said two sums ; and as to the remaining moiety of
the said two sums, to transfer and make over the same
unto, between, and amongst hie (the testator's) said brother
and his sitters, and his nephews and nieces living at the
time of the decease of his said wife, in equal shares and pro-
portions. The question was, whether the words " living at
the time of the decease of the testator's wife" were to be
referred to the testator's brother and sisters as well as to his
nephews and nieces, or whether to the latter only. His
Honour stated his opinion to be clearly in favour of the latter
oomeruction, and made
.a declaration that the moiety of the
funds in question was given, by the terms of the will, to the
brother and sisters of the testator living at his death, and to
his nephews and nieces living at the death of his widow, in
equal shares, and decreed that the same might he paid and
transferred accordingly ; the costs of all parties to be paid
out of the fund. Messrs. Romilly, Rolt, Prescott, White,
R. Palmer, Erskine, and Darnell appeared for the different
parties.
Arroawee-Cliswease e. STORRY.—CUARITY.—By deed,
dated in 1619, Edward Smyth, of Saundridge, Hertfordshire,
being charitably disposed towards the relief of the poor of
the town of St. Alban's, gave to trustees the moiety of •
debt of 3.30/. then due to him, with a direction that one-half
of such moiety should be for ever employed, as to one-half
thereof, for the relief and maintenance of the poor of the
parish of St. Peter's, in the said town of St. Alban's; and,
as to the other half of the said moiety, towards the relief of
the poor of the parish of St. Alban'', in the town of St.
Alban's; equally to be divided between the said parishes.
The object of the information was to ascertain who were the
proper objects of the charity, which is known by the name
of the Cross Keys Charity, St. Alban's. It appeared that
at the date of the execution of the deed of 1619, the
town of St. Alban's, and the borough of St. Alban's,
were comprised within and bounded by the same
limits, and that part of the pariah of St. Peter's
was situate within the limits of the said town and
borough of St. Alban's, and that part thereof extended
beyond the town sad borough into the surrounding counties
to the distance of several miles, while the whole of the parish
of St. Alban's was situate within the town and borough of St.
Alban's. The truotees of the charity had, itappeared, been
for sixty years past in the habit of distributing the income of
the fund which in its present state consisted of a sum of
969/. stock, and of certain messuages purchased by the
trustees in 1836, among such poor persons not receiving
parochial relief as had a legal settlement in the parishes at
the time of such distribution, and were also residing within
the boundaries of the ancient borough of St Alban's as it
was founded in 1619. By the Municipal Corporation Act,
6 Will. IV., and the Boundsries Division Act, 3 Will. IV.,
the limits of the ancient town and borough of St. Alban's
were considerably extended, since which the benefit of
the charity in question had been claimed on be-
half of the poor of the parishes of St. Peter's and
Bt. Alban's inhabiting the portions of those parishes
without the limits of the old town and borough
as they existed in 1619, but within those of the present town
end borough as ascertained by the late Lets. The questions
raised were, whether the benefit of the charity was to be
confined to the poor of the parishes of St. Alban's and St.
Peter's, resident within the old borough ; or, whether it was
to be communicated to thou of the new borough, as ex-
tended by statute •, and also, whether it wee to be extended
to the poor of much part of the said parishes as may from
time to time fairly be considered within the town of St.
Alban's, without reference to the municipal boundaries ; and
whether the poor resident within such limits u might be
considered included within the charity, were entitled to be
recipients without reference to their having • parochial eel-
Cement within either of the said perishes. His Honour in-
timated an opinion that the gift was for the benefit of the
poor of the parishes within the limits of the town as settled
at the time of distribution, but declined at present to make
a declaration to that effect. A reference was directed to ap-
prove of a scheme for the future distribution of the fund, and
for the appointment of new trustees.