The Express.
London, England, 1851-06-26 00:00:00

AQUATICS.

ROYAL THAMES YACHT CLUB.
Yesterday the match for the Grand Challenge
Co;', open to all comp titors, took place ; a very long and
aumesshat tedious day's sailing ending with the honours of
the race la ing awarded to a no w competitor —a yacht just
off the Mocks of a Harwich builder. Oar readers are pro-
bahly aware that the Challenge Cup must be won twice la
succession by the same boat, before the pmperty in the sil-
ver becomes aheolute. This double moven is no easy mat-
ter of sochievensent. The consequence is, great uncertainty
as to the results of each individual match— an uncertainty
oh:intently proved to he reasonable by the small number of
challenge cope which the Thames Yacht Club find it neces-
wry to give finally away. The Mosquito was the winner
of the corresponding match last season, and she was per-
haps the berootorite upon th? pre>ent occasion. The new
boat, however, the Volar.te, was "dark "—no one knew her
capabilities; and they: was another yacht, the Heroine,
also a rose Icy upon Thames water. L nder these circum-
stances a day's interesting sport was nnticipated ; but the
provoking calmness of the weather, in a great measure,
mare d the best feature of the match.
A slight westerly and southerly bee ere was blowing when
the Mosby, the club vessel, left London-bridge, the wind
woneeimes coming in weak pulls, sometimes dying away ;
bet acconling to good old custom, everybody believed that
th-re would ho. plenty of veiled " he:ow." There was
nothing, of the sort. however. A sultry summer haze lay
beaming upon the horizon. The inn came out in hot blinks;
the cat's.pows travelled oemsinnally over the water, but in
fitful and transient puff., ever provoking hopes again and
again to he olimprointed. The match was, as usual, from
'lntel round tile Nore and back. The competing craft
were mated in the bight of the pretty bay iu question In
the following order:
I. The :egret, to tuns, Cowes, dr. RAWL, inn., blue with Winona
videos,
1. !tenant. LS tom, Ovens, Mr. Bell, sen reel net white stripes.
1. Crawl, aS tear, a stLten, Yr. IL Lunibt el, blue ground, nuel
le: el yellow.
4. Moopolen, Lend," Lard lendmhorough, blge pinned
litre. FM at mow.
Tgano, 3:tows.lanelos, I. Lef9ilo. Esq., whge fag.
A gond deal of curiosity was excited by the Volante. She
seenael a har.dsorne and oleridedly flyaway-looking boat, not
unlikoi, upon a large *tale, that old cup whiner, the Mystery.
The Heroine et hl.O a 1/1101.,.•111e, tidy craft, better, we
should think, fur strong breezes than light airs. Shortly
• twelve, on the mutt signal given, the little fleet
• el and canted round for the start, getting up fore and
main ails and balloon gibs together. The Secret got cleverly
as at, hollowed by the ('yeti tt, which had her puff topsail
led hoisted. Then came the H eroine, neat the Mosquito, and
lastly the Vulante, which, at tint, appeared to have the
worst of it—only for a moment, however. In running
down the firut tick she suddenly made a clever weathering
movement. shooting through the fleet, and taking up her
citation: well to windward. This first symptom of a clean
pair of heels ...limits! much notice; anti looked the early
pert of the me was full of nice bits of steering manoeuvre,
which, aided by the fitful and partial brei res. occasioned
frequent hut unimportant changes in the position of the
boats-410 only env worth mentioning locOng thole:di Green-
lithe, where the Vulante assumed the lino place, followed
by the Heroine, the Se cot, Cygnet, and Mosquito, making
a IrA, O. for it of Oita, own. The " dark" boat kept the
advantage she had going oh drawing gradually away from
hoer competitors, but tiolloned moot closely be the heroine.
The Valente r tied the Noir at twenty-two minutes
after three o'clock The ilemine wag sin minutes in the
rear, and then came the Mosquito, Secret, and Cygnet,
which rounded in the order we have plated them, each
shout a minute ate r the other. The race down was with
afl roving sheet. The return passage was a tedious beat to
windward, with the same light and inconstant braise. In
this new condition the Vulante nheim d hit credit, but
the Heroine fell to leeward, the Mosquito passing her
Ilirst and the Secret afterwards. The race home was
very uninteresting. The Vulante still held a long lead,
and, notwithstanding the alhowanee of half a minute per
Ism for difference of size, it was tolerablyPegy to see that she
kept the game in her own lunar. 'f he last part of the race
wzs ran almost in the dark, the winning boat passing the
Sag-buoy at about 51 minutes past nine o each. The next
eeriest was Tee Cygnet, and the third the Secret, so that
111 r. Craigie holds the cup until next season. What his beat
can de is strung breezes remains to be tried. Had the
weather been different slw might have found the Mosquito
not quite SO easy a competitor. For light winds, however,
both in heating and going free, the Vulante proved herself
a thoroughly gad boat.
Owing verbally to the weather and partially In the some-
what ....Leafing " style of doing Marini-v. practised in the
club. the day's amok ment wee tircromi ly protracted, the
ati trace not arriving at Louden bridge uutil aft. r midnight.

CLERICAL.

Rev.W !tarLim toeiestsrtovaruvary, Cambridgeshire.
Ike. 1.. E. M. Iturnerell, to Beath coney, Breeon.
Rev. N. Hull (curate of Lynsingtoa) to be • surrogate
diocese Winelwster.

..---..
Nev. V. C. Leeson, to New St. Memo perpetual coney.
fitsleyhrohie. Lessroshire. value 11:11. ; patrols, Bishop of
M.oselwoter. _

It r. T. hlwterman, to tiersinwton curacy, Oafordabire.
E. Moron, to Llanorbangre-geneu-r-Olio clinker,
Cardikamhote
Ne•w. W. Williams, to Maesesynii with Llanyun curacy,
Brecon.
k. N. /*ker. to ByGest reetoey, Roney, value 1871.,
with n intent* ; pima, t►a Lord Chancellor.

ROYAL MrDICAL BENF.TOLItIfT COLIAGE--Tco-
Imlay, a public meeting was held et the Honorer-equate
Rooms for the purpoose of adopting measures with the view
•f meeting and miaowing • college for the reception of chi'.
triased ate ben of the medical profession or their widows,
and • school foe the ,ducat' and maintenance of their
sou*, to be called " The Royal Medical Benevolent College."
The ilk rticg was most respectably attended, a large portion
of the audience ton stint of loam. The their wss occu-
tpied hr Earl Mangers. The noble chairman briefly tr a
he proceedings by congratulating the medical pro
ma keying taken the accessary steps towards founding an
iietitution which was in likely to confer important beadle
so their brethren and on the wives and orphans of the deeemed.
It appeared ft ova the prospectus that the residence department
is to comprehend a 2 houses, each capable of seconsmodatiag
hotplahitesiss the estimated cost of erecting whisk is
maw The csolketime department is to provide accommo-
&lion foe le/ Manna, with school and elms Men,
dimism.hrill, dormitories, masters' houses, gad requisite
offices fur tales, mania, and domestics. The cost of this
is estimated at 6,5001. The estimated cost of erecting •
chapel containing AOO sittings in 1.3001., making • total of
111,0k.W., nearly 2,000:. of which have been already sub-
mrihed. The gnv. rnmea' of the college is to be vestal in a
istwat, precoleat, vice-presidents, trustees, and council. It
provided that each pensioner must be a legally-qualified
practitioner, end be possessed of • clear income of not len
than Lit. per annum, and that widows will also be required
to have the same amount of income, and to be the widows
of kitalpstus:iii,il men. It was stated that Dr.
tarof Bpacien, had offered as a site for
dier twenty acres of land close to that
}lass-that be bad offered it at a moderate rent during
=a lives of himself and Mrs. Utahans, and that a. their de-
cease it would become the property of the institution.—The
llshop of London, in moving that the college be founded,
.44 it afforded him intense satishiction to aid, as it wire, in
*roe the lint atone of an institution for the benefit of
those who, toiler lied, had prevented many a wife feint
being a widow and many • child from being an orphan.
The meeting held three objects in view—first, to preside •
✓etreat for the disab.ed medical man who had been unable
as realise a c •uspetence for hicaseU ; secondly, to raise up
ea asylum for that man's widow ; and third to assist
him in furnishing a liberal and • religious education
* his children. Ilia lordship trainmen his confident
§gief that designs so philanthropic soil so Christian caul&
hil of 'sec, It. lughs seconded the tint t0...An-
d0% which was unanimously adojited.—Mr.Outhri.: moved
that Bard Manners be the future president of Lho Manta-
fleas.—The motion was second:l by Dr. flpurgle, and
treed to. The other mutations, which wen "repeat,'
and mosadod by the Bishop+ of li.pon and St. Ampli and
Wises or entiosace, had refereoce to matters of • natio,
ammeter, and at the elate of the proceediap a cordial rote
et *sake was pawed to the aeble president.

SAW 3ir

EQUITY COURTS.—YESTERDAT.
Bums um Luis Neu-num
Boaxasox V. 011ILDAND AND OTNINS.—CDAIIITADLII
01 PTA MUNTNAIN Act—ABATING Leo actex—Man-
tlYALLlßO AINIIII.
This appeal apart • decree of Vies-Chancellor Knight
Brace was opened en this 16th instant, and the arguments
were now resumed. •
The questions in the appeal, which were shortly stated
iu our former report, arose vaiem the conseuction of the will
of a Mr. Clapham, made in
_11446, by which he be-
. Eceidit.heaotc,:kt,htoe 't:ferep
aid oreurtol the
each .0f ltis enerajoldnytinirmmary,saia
other personal effects, as he could by law charge withe
the
payment of the same, and he gave in similar terms 10,0001.
to the Yorkshire School for the Blind, 6,0001. to the Bath
Hospital at Harrogate, and; 5,0.0 .to the Society for the
Relief of Widows and Orphans of the Clergy in the Rural
Deaneries of York and Craven. The testator then pie
in general terms numerous legacies, not of • charitable
nature, to various persons' amounting together to 36,0001.,
and he then devised his real estate, and by • codicil he
disposed of the residue of his personal estate. In adminis-
tering the testator's estate, the pure personalty applicable to
the charitable gifts wee found not to exceed 24,0001., but
there was out on mortgage of freehold property •
further sum of 40,0001. The sum of 24,0001. being insuffi-
cient to pay the charity legacies in full, it was its the court
below submitted on behalf of the charities that the whole of
that sum should go to them, and that the other legatees
should mart to the mortgage and other sources which were
liable to pay them. The residuary legatee and the heir-at-
law of the testator opposed that view, end submitted that
the charity and other legacies should abate and be paid pro
rata out of the personalty, with power to the individual
legatees to resort far the difference to the mortgage debt
and real estate. The Vice-Chancellor tcok the latter
•iew of the question, and decreed accordingly upon
the authority of two decisions of the late Master of the
Rolls in " The Philanthropic Society e. Kemp" (4 Brame,
&l), and " Strange e. Dimsdale " (6 Beavan, 462), saying
at the same lilac that if it were not for these cases he wadi
decide the other way.
Mr..l. Parker, Mr. Molina, and Mr. Barton, in sup-
port of the appeal brought by the representatives of the
charitks, contended that the legacies to them ought to have
priority in the only fund applicable to the payment of
them, and that must have been the testator's intention, u
was evident from the terms he used. The whole of that
fund would be insufficient fur the charities, but they would
be content with it, and no damage could arise to the other le-
gatees, as the other sources were ample enough to pay them.
They submitted that this was a clear case for marshalling
assets, and cited several decided cases upon the point.
Mr. J. Walker, Mr. Rimed, and Mr. Willeuck, for the
residuary legatee, supported the decree; and so did Mr. R.
Palmer and :dr. Reach on behalf of the testator's heir-at-
law, who claims certain real estate not disposed of by the
Wigram and Mr. Hesdlam appeared for other
parties.—Mr. J. Parker replied; and judgment was post-
poned.

Jrxt 24.
BOOM Tile MOTS& Ur TUT ROLLO.
Tail O. SHE CORPORATION OF GLOW:EV[IM
MOETKAIM.

The Muter of the HalsiaTejUdgment in this ease, as
to whether certain charitable bequests contained in the
will of Colonel Clancy, late of Cheltenham, deceased, were
valid, having regard to the provisions of the Mortmain Act, j
9 Geo. 11., e. 36. Tito testator by his will, dated the 3rd of
January, 1830, gave to the plaintiffs the sum of 36,0001.,
being the amount or value of certain charges held by him ,
on the estates of Lard Alubonsugh in Ireland, is trust to in-
vest the same and accumulate the income during the life
of his wife, and on her death to transfer so much thereof
as should be equal to the value of 8,0001. sterling into the
hand, of the mayor and corporation of Gloucester upon '
trust in the first place to raise I,3ool.,whieh sum he directed
should, in the event of any land being given or granted to
the said mayor and corporation for the purpose of his
charity within the period of 10 years next after his decease
under the provisions of 10 Geo. 11., e. 36, be laid out and
cipended m ur toward the foundation and building and
furnishing a substantial hospital or almshouse for the city
of Gluue.ster, and It. directed the residue of the 8,0001. to
be laid out for the benefit of the city of Gloucester upon
the trusts declared by him in the scheme prepared by
him far the foundation of the almshouses. fhe testator
made similar bequests to the corporation of Tewkesbury,
the ministers and churchwardens of Cheltenham, and the
ministers and churchwardens of Winchcombe respectively,
for the foundation of almshouses in each of those places.
And he directed that no part of the trust monies should
be applied in purchasing land, and that in case nu land or
site should be granted for the almshouses respec-
tively within 10 years after his decease, so much
of the trust monies as should become incapable of being
applied for the purposes aforesaid, should form part of his
residuary personal estate which he bequeathed to other
parties. Land for sites of the almshouses intended to be
founded by the testator in each of the above towns was
grunted fur those purposes in the month of January, 1836;
but in the case of the corporation of Gloucester the convey-
ance to them was not enrolled pursuant to the statute until
after the 16th of January, 1836, on which day the ten years
from the testator's death expired, and as to all the convey-
ances the twelve menthe during which the Mortmain Act re-
quire* the grantor to live utter executing a conveyance for
charitable purposes had not expired. lint the grantor in
each case lived twelve months after the execution of the
conveyance. Two questions were discussed on the argu-
ment—lit, Whether the condition in the testator's will as to
procuring grants for sites had been complied with ; and
2ndly, whether the bequests for building the almshouses
were good. His honour was of opinion, that supposing the
bequests to be valid, the requisitions of the testator, as to
procuring sites within ten years after his death, had
been complied with by the execution of the
conveyances before the expiration of the period of ten years
from his death. lint he was of opinion, after reviewing
the authorities at considerable length, that the bequests
were invalid. His opinion was that • bequest was void
which tended directly to bring fresh land into mortmain, or
which gave money to be expended in building or repairing
buildings upon land, unless it was expressly declared by the
testator that it was to be only expended on land already in
mortmain. He was therefore of opinion that he could not
give effect to the bequests in this case, inasmuch as they
offered en inducement to bring fresh land into mortmain.

Emma Vine-Caawneuala Imola Dacca.
Arrouggir-UssasAL r. COUPONATION OP BOSTON,

C 11411,117.
This case came on upon further directions. It may be
remembered that the dispute MAO respecting the construc-
tion of a charter of the reign of Philip and Mary, in Latin,
providing fur a school at buston and other charitable pur-
poses, including, as the corporation contended, a provision
for the repairs of the bridge and harbour. The court, bow-
ever, had decided in favour of the application of the charity
to the purposes of religious education and the relief of the
pour esclusively.
Mr. Scansion and Mr. Metcalfe in support of the infor-
mation, said that a scheme had now berm settled by the
master for the ailministratiun of the charity, and that if hod
been arranged that the costs of all parties, as between soli-
citor and client, should be paid out id the fund.
Mr. Besse% Mr. Wigram, Mr. Bacon, Mr. Moline, Mr.
Campbell, Mr. Cole, Mr. J. I). Chambers, and Mr. Rob-
house, fur the defendants, said that this course had been
adopted on the former bearings.
The Vice-Chancellor said that, as the Attorney-General
consented, the decree might be so made, but his honour did
not like making the charity pay fur success. It was, how-
ever, creditable to the town that they had reduced their
&gatee to so miaow a couipses.

isms Irsee.Caltoesuas 'Tvairea.
TNI MAINMASTS', Sairrm.u, ♦xD LINCOLNINEM
RAILWAT CO AAAAA O. Tax CARAT NOATAKILII MAIL-
WAY Coma: . . .