The Express.
London, England, 1859-10-11 00:00:00

THE CRARTIESOUSE MISTIMES AND TSB

ELROTIVE FRANCHISE.

The Revising Barrister for Finsbury pee his
judgment be this case on Saturday, in the Lords Judas'
room, Lincoln's-inn. Several of the brethren were perenr,
and took a keen interest in the proceeding,. The following
is the judgment, which governs the whole of the claims
(amounting to about 80) to be placed on the voting list .
The Revising Barrister said the 38th section of the Rd.=
Act provides that no cue shall be put upon the register who
within twelve months previous to the last day of July shall
have received parochial relief or other alms which by the law
of pallament disqualified from voting. Tbe old law of par-
liament therefore seems on this point to be retained. Now,
prior to the Reform Act, it was well settled that hospital pen-
Wooers and bedew:arm might be qualified to vote. If they
' received parochial relief or alms within a certaie period
they were thereby temporarily disqualified. But the mere
fact that they subeisted on the reveres, and enjoyed the
settled pensions, the defined proscribed allowances et an en-
dowed public charity, wee no disqualification. Tboy ;were
considered to have • permanent interest in the establishment,
and it was held that f any one of than was turned out, he
might have a mandamus to reinstate him. When the
Charterhouse cue was presented by Mr. Banister in 1861 for
regetration, an objector contended that the pensioners lived
on charity. The objection was deposed of as follows .—" It
is sad that Mr. Banister lives on charity, so likewise do the
fellows of a college. They live on charity, If by charity Is
meant the bounty of their founder, ; but they are not on
that account excluded from civil rights. or deemed Incapable
of appreciating the duties and exercising the privileges of
citizen.. By the deed of foundation the eighty Brothers of
Charterhomm are to be gentlemen by dement, merchants
ruined by the disasters of commerce, or s tidier' mutilated in
the eirvice of their country. From 'tie moment of thew ap-
pointment they are independent. They cannot be displaced at
the eger of a governor." In the Burleigh Hospital lila,
150 w*ht wee attached to the circumstance that the founda-
tion was a charity. Mr. mimeos Slants observed, " the
only question is whetter theme bedeemen have an equaltable
erase." Now, how does Mr. Justice Ideate sneerer this
qnsetioa ? Simply by saying, " I thick they have an equit-
able seats, as they see not liable to arbitrary smo: ion." The
expression of Mr. Justice Mania that the Burleigh bedesmen
were not liable to arbitrary emotion may have ingested
what wee said as to the Cherterlionee pensioners, that
"they could not be dimpled at the caprice of • governor."
The ere respecting the Windsor military knights, decided by
the Court of Common Pleas in July last, aa reported by
Mr. Scott, In his fifth volume, page 40, is in one respect very
distinguishable from the present. The Windsor knights
receive their appointment directly from the crown. 1 neir
apartments are within the verge of the Royal palace. They
steam:latently under the eye of the sovereign. They Inhale
the atmosphere of the court, an ere subject to its influence ;
and if we could 'oppose it possible, which we cannot, that
oos rem of tee.. ancteet knights should be displaced or
emoted, where would be the remedy Y Would a mandamus be
issued against thecrown? If. on the other hand, a pensioner of
the Char arbour is capriciously expelled , the courts of thie coun-
try ate open to him. He is entitled to justice, and will obtain re-
deems either by mandamus or by a proceeding in Chancery, or
peribly by both. His tenure is stable, hie position secure. But
although the circumstances of the Windsor case ere peculiar
and such as to make it stand by itself, there was an twee-
d=
of opinion by the Lord Chief Justice In delivering the
judgment which will rid t my decision in the present
ease. "We are of opinioe," said his lordship, "that
there is no such estate or interest in these houses se am
properly be d-emed an ownership, for although the der and
canons of Windsor may be bound to allow the knights
t occupy these house., yet it appears that the dean and
canons have power and authority to impose such metric-
Boos on the enjoyment as to divert t he occupation of the
character of ownership. The knights cannot let their houses
in the whole or in part, nor 61%11 receive Mimes or guests
therein, except with the siert and motion of the dean and
canons." When the el dm of the Charterhouse pensioners
was brought forward on the former merlins, there was no
means from the evidence of ape lying the test here euggested
by the Chief Justice, and so fez as I am aware the test itself
had not then been disclosed by judicial d.cision. I now,
however, apply it to the present ore, and find that there le
enough to eatiefy me that the Charterhoure pensioners
" cannot let their houses in the whole or in part, nor even
receive inmates or guests therein, except with the trent of
their superiors." This being so, lam bound to bold that the
objection made against William Alexander Arnold is suffi-
ciently established, and I expunge his name from the register.
The claim, of the officers" of the Institution, embracing
the preacher, reader, muter, de., were then disallowed, and
the names struck from the list of pt rsons entitled to vote.

THE SUPPOSED LOSS OF A STEAMER.—The Ship-
ping Gard tc of yesterday, contains the following, which
has referesoi to the supposed Ines of a steamer mistimed in
the &press yesterday:7l Plymouth, Oct._ 9._ The

eebooeer'Devreiport, &plain Pirgtoon, from London for
Plymouth, fell in with a poetise of wreck off the Bolt Head,
end being light wind end a boat to examine; found it to be
pert of the main deck of a large vessel, and from sppearaxicts
judged it to be that of a steamer belonging to a foreign go-
vernment, or to some company. The deck bad beeneapeizol,
and the deck beams and tinder part of the deck were expcoe I,
and painted white throughout, the beano were of large
mantling, and th' deck was composed of 4 or 41 inch plank,
the metal spikes of which are evidently of foreign make (two
of the spikes are in your carrespendenie puerile on
fur identiffxtion), end have an anchor impressed
on each (in a deign way to last of the broad
snow on oar naval storm). Lashed to the under aide
of the deck was an iron tiller (spare one) of nearly S cwt.,
which was brought off by the crew of the Devoupert ; there
are no marks thereon, but only one pert of It wee painted
white, showing that it had been lashed to the deck before the
under pert of the deck bed received its coat of paint, and the
tiller bad been painted same time as the deck. A piece of
ropper or metal pipe, of about ld feet long and 3 to 4 inches
diameter, with a alien length of canvas home attached to one
end, was brought away, but no marks thereon. A large
hole, supposed to be that fee the feline), was visible, and the
under past of the deck In the neighhourboxl had been lined
with tin, as if to preieerve the wood from the heat. It had alf
the appearance of being toot recently in the water, no grass,
or weed, or slime being about it, sad the point pipe fresh, so
that the accident, whatever It may have been, is but of re-
tent date.' - -

THE Loss OF THE EXPRESS STEAMER.—A Board
of Trade inquiry into the Ines of the mail packet Exprest on
the coast of Jersey is to be held la Southampton to-morrow.
Two MEN at EFOCATED.—On Saturday evening
lest, en inquiet was opened Wee Mr. E. Docker, upon tha
bodies of Solomon 11•14 end 'Samuel Spicer, miner, who
ware suffocated by "choke damp" on Thurorlay evening last
in • pit at Blowers Green, belonging to Messrs. Battle and
Cartwright. The men were cleausrag an old workinz, sod
getting it ready to draw coal. It wait a gin pit, cud the
b=karalin called them at half-put flee, but they said they
would go on till six. In • few minute., however, they
shouted to be pulled up. 'the brakeman then whipped hie
bone as feet as he could, but on shooting down he beard no
reply: and some time after, when amistance woe obtained,
and it was considered sate to descend, the two unfortunate
man were discovered quite dead, having been suffocated.
Fires had to be lighted in other parts of the wmite, and
water thrown down the abaft, before any one could descend
more than 100 yard* out of the 123—the depth of the abaft

•
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[Advertiessasat.]-110LLOWAVII PILLS, THE. MOST
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prevaleta, thereto ao hetar y lama Honooaff Pak, obeiber la a
Yeafesivo or sm. Mrs Ste In nealerate &net,. nod Wirt atten-
tion paal to did. Wiliam WWI I.
Mato of lama Mb restore the In, of the mee„,,h 304
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per.en• •uffertn4 from a lone roma not In hit son thy nto
1001 ,ne (or enneral faueli one. They nee the hap-
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NSW sliresililiot the bwqd bo.§l.