The Express.
London, England, 1850-06-20 00:00:00

ROYAL LONDON YACHT CLUB.

- --
The annual contest unapt the yachts al this club, for
the grand clan. nge esp. took plan yesterday. The Own
steamer hail been chartered by the Club for the convey-
WIC, of memben and their friends, and left L,ndon bridge
at half-past 9 with • highly respeetable party on board,
which was considerably augmented at Blackwell.
The following yachts lied been entered to contend :
Whisper, 19 tons, Thomas Enleigb, Esq.; Linnet, 10 do.,
Holies Knee, Esq.; anal, 10 do J. T. Helm, EN. ; Al-
ligator, 20 do., Henry J. Smith,lesq.; Frolic, 12 do., Alfred
Con, Esq. ' • Moor Park, 17 do., Gear E. Browne, Seq. ;
Phantom, 20 do., 8. Lens, Esq.
It was a time nos, one seined' per ton being allowed by
all pate exceeding ten tons to those not 'lending it, and
hat a minute to those which did exceed it. Yachts not ex-
Deeding ten Was to allow half a minute per ton to these at
leaser tonnage. The Challenge Cup had been originally
minuted to the club by J. T. Hewes, Esq., mid was hermay
Mr. B. Browne, this owner of the Moore Park, the o
boss of the raee requiring that it should be woo two easse-
entire mesas by the same rat to become the permanent
property Glebe owner. The distance to be NAM was from
Melkweg to Oreviiied sail bah.

TM whale of the bests were at thefilieelear aids arrival
M the sessier, will the essepticalr .111, Lbws% whisk bad
bees withdrawa.
The start task plesimader the dinettes of Yr. B. Browse.
the reersetastodem at lee minutia gag agm,
semi slwtty wee exhibited by the she& or the grows is
using the imams quantity of ea vas with whisk each
beat wee covered. At this siemeat there was family • breath
of triad to Wow • deg est, sad ask soughed tle " Me-
paws," with whisk they were ever sod ems favoured.
TM leading Mate mailed Gravesesd is the follswing
seder :
h. sta. se.
TM .... 4 Se
Wlimpsr
Plimlcat S 00
After ressaieg they all at square sae, sad sash beam to
sake the best et their way bask. The advantage whisk the
Faille had at the tines of "treadle' left bat litUe doubt from
bar will Mews powers barring easideat, of sums. There
was seibiag worthy of used es the passage up. All the
boats were admirably handled, sad strived at Blackwell is
the Mowing order
b. min. is..
The Frail*
7114 Whisper 7 al o
The Phantom. l.l 1 to

The very Madsen* prise was duly pressated to Mr. Al-
fred Cax, the owner of the FM* by the rear couunodore
wish a very deserved esseplintent upon the nautical skill of
all parties.

lAD intelligence.

EQUITY COURTB.-YISTIIIDAY.

Simms roe Vica-Ciumacuoa or EI01.11;11,
SITTINGS OP Sat COURT.
, ...

The Viee-Chancellor stated that as he should have to
attend her Majesty this day at throe o'clock, (or the purpose
of being appointed one of lb* Lords Commissioners of the
Great Seal, be should not be able to sit is Court after two
o'clock. We Honenr :LC that as 'evaded the future
sittings of thesauri he bad received an intimation from Lord
Langdath that his lordship would wish to sit as Lord Com-
iniestonor on Friday nest, and that he (the Vice Chancellor)
should sit as Lord Commissioner on Saturday next. Lord
Laogdide also wished that he should sit alloy this week as
Lora Commissioner on Wednesdays and Thursdays with
Mr. Baron Rolle, and this would be the arrangement, subject
to say alteration that might hereafter be found necessary.
The Vies-Chancellor further stated that he should have to
attend in do Lord Chancellor's court to-morrow morning
(this day) at 10 o'clock to be sworn in, after which he should
Man to continuo the sittings of his own court.

Bova. VicaCawgcnum Kiruna Hares.
Ri TRU DIIIICT Rims, YLYIIOIITH, AND DEVONPOIT
RAILWAY COMPA/IT.—MATIIIW'S CARL—WINDI/10•LIP
Acrrs.

TM Vice-Chamallor gave judgment in this came, which
came cm by way of appeal from tie deciaion cf the Master
placing on the list of contributories to the above company the
name of the appellant, Mr. James Edward Mathew, an
allottoe of shone. The motion was segued last term by Mr.
R. Palmer and Mr. W. M. James fee the appellant, and by
Mr. Russell and Mr. Roxburgh' fur the official manager.
The following are the 'acts of the ease. On the 20:h Oct.,
1845, the appellant sect a letter as follows: " To the Pro-
vielonal Committee of Management of the Direct Enter,
Plymouth, and Davenport Railway.—l nquest you will
allot me 100 shares of 251. each in the above railway ; and I
undertake to accept the same, or such number as you may
appropriate to me, "abject to the regulations of the company,
also to sign the nu:emery legal document", and to pay when
required a deposit of 21. 12s. 6d. per thus." No answer was
returned till the 16th Dec., when the appellant received an
allotment of the full number of share, for which he applied, and
the deposit upon which 'mounted to 2621. llle On behalf
of the appellant it was contended that upon the evidence
the allotment appeared to have been • fraud because the
committee then knew that the soherne was abortive and the
projected company unable to meet is 'tomcat. ate. It was
also submitted that the allotment was made too late.

Hie Honour aid that the ere had appeared and still ap-
peared to him one of great difficulty, not so much on account
of some of the names in the list of provisional directors Laving
been inserted without authority, as otherwise. Were it safe
in his opinion to ascribe to fraudulent intention the insertion
of such nnauthoriaed names in the prospectus he might
perhaps have considered the fact more important than he
did. But the evidence did not seem to him to juril that
conclusion. The possible reiance of individuals upon the
particular names mentioned in the prospectus was certainly
not to be forgotten, but be supposed that any of the persons
whose names were thus used with their consent might
rightfully have retired, and have disclaimed all connexion
with the undertaking before or after Mr. Mathew's appli-
cation for shorn; and there wu a power to add to the
number of the provisional Airec!ors those actually mentioned
in the prospectus, being above fourscore. The decisions in
the Direct London and Exeter Railway Company, and in
the Universal Salvage Company, reported 'vocal., by
Messrs. De flex and Smile, from which his Honour did not
see any reason to depart, must also be recollected, if Mr.
Mathew's application on the 20th October, 1845, for 100
shares was accepted fairly, honestly, and in doe time and
manner, his name (night to stand where the Master has
placed it. The great difficulty was in coming to a
conclusion upon the question whether the application
wu answered fairly, honestly, and in due time and manner.
Was there an honest reason for the delay in answering the
application until the 'sidle of December ? Was the cause
of the uncertainty either the goodness or badness—the hops
fulness or hopelesinees—the premising or the unpromising na•
tore of the epeculation ; and it there were applicants not wi ll
friended, or not much considered, were they intended to be
the recipients, if there should be lenses, and not earticipaton
if there was any probability of gain ? Wu there material
dissimulation in the letter of allotment of the 15th December?
Was the undertaking on the 15th, when that letter was de-
spatched to Mr. Mathew, in a hopeless or in a sinking and
falling condition ; and if at that time it had been in a doubt-
ful or prosperous condition, would or would not such a c
im-
municatioh have been sent to him? Was the letter wholly
true, and really and truly an invitation of admittance to a share
not in an adventure but a misadventure ? to a participation
not in an enterprise, but under that pretence, in the detest
and ruin which were known to be inevitable ? Was, in
short, the letter an act which was the result of a criminal
conspiracy or sheer fraud, for the purpose of throwing on
Mr. Mathew and others the whole or a part of a less sus-
tainable properly ia another quarter exclusively ? These
were views of the matter which it wee far from agreeable
to suppose possible; and his Honour regretted not to had
himself able to treat the suggestion. SI wholly devoid of
colour and plausibility. The case in this respect, after care-
ful consideration of the dates, the minute-book, the state-
mart laid before Mr Chitty, and the rest of the evidence,
appeared to be one of suspicion. His Honour
not, however, find enough to make it judicially right
or consider that he should be at the present warranted in
designating the letter of allotment as the result of a con-
spirac7 or as an act of fraud. A case of that kind upon the
material, before the court was not proved. But, supposing
the letter 'tato be fraudulent, was it an answer or an accts.
lion to the letter of October in a reasonable time ? This
also was a difficult question. Assuming, however, the ab-
sence of fraud, he was not satisfied that the letter was not
sent ia such time as at least to render it incumbent on Mr.
Mathew, if he had on his part abandoned his Intention
of the 20th of October, and wished no longer to continue
any connexion with the scheme, to inform one of
the two secretaries to that effect. Mr. Illsthew
did not do so, he left the letter of the 15th of December
un-
answered and unnoticed. Ought the court, therefore, to
dissent from the Master's boding, upoa no more than a
doubt whether, on these materials, the court would have
done as the Master had, or upon the conjecture that the
person against whom the Master had decided might have
made a better case ? The order must be to refuse the motion
without costs, and without prejudice to any application that
might be made to the Master to rehear the matter or review
his decnion upon any additional evidence. If the two acts
of parliament now before the court proved as advantageous
to society in general as they earned to be to the profession of
the law in particular, they must certainly be great achieve-
ments in legislation.
Mr. R. Palmer asked that the question of fact might be
tried by an action or an issue.

The Vies Chancellor said he did not think that an action
would try the question, and he had not thought of an issue,
but he would give counsel keys to speak on Monday to the
question whether there should be an action or an ilium
SHREWSBURY AND CHRISTER RAILWAY COMPANY O.
CHISTIR AND HOLTHRAD RAILWAY COMPANY, Btentx•
BRAD, LANCLSHIRS, AND CHMIIIIIIR RAILWAY COM-
PANY, AND LONDON AND NORTM-WENTIRN RAILWAY
COMPANY.—INJ UNCTION.

Mr. Melina and Mr. Gifford moved for the commitment of
the station-muter and three of the committee of manage-
ment of the joint station of the above four companies at
Chester, for breach of the injunction, which had
been granted, restraining the defendants from pre-
venting or precluding the plaintiffs from booking at
the joint station, and in the ordinary joint booking-
office, in the ordinary and usual manner, either goods or
paesengen beyond the limits of the plaintiffs railway to
Wolverhampton or otherwise. The alleged breach was the
' removal of a board, bovine painted on it the names of the
towns to which the plaintiiii booked.
Mr. Russell, Mr. Bacon, Mr. James Parker, Mr. Wal-
nut, Mr. Oluse, and Mr. Follett, opposed the motion on
behalf of the parties sought to be committed.
The Vioe-Chancellor said' that assuming, but of course
without deciding, that the acts complained of were improper,
and inch u ought to have been restrained, the question re-
mained whether they were actually restrained by the lan-
guage of the injunction which had been granted. Ilia
Honour thought not. The plaintiffs had not been prevented
or precluded from booking at the joint station at the ordi-
nary or usual place or in the ordinary or usual manner.
More facilities might have been afforded them, and they
might in that case have obtained more custom for their rail-
way, but he could not say that they had been prevented or
precluded in the manner described by the injunction. His
Honour refused the motion without costa.

COURT OF QUEEN'S BENCH.-iIIBTUDAY.
BnTUWI AT Num rigius.—But!ai LOW CAJOIALL AMU • !SPACIAL

July.

Tai QUiVN V: 1;0-11) DOIBOYNE.
I* this cese Kr. lierjemt Wilkins, Mr. Clarkson, and Mr.
Ogle appeared for the prossentiew; and Sir Kelly, Mr.
Cockburn, sad Mr. Edwin James fro the defendant.
The defendant was indicted M the Centel Criminal Court
for a misdemeanour, sad the indictment was afterwards

moved M this mutt by asrdssari. It mum kniTs4;slo;lS
41st mesa of tie 6 It 7 Wm. IV., e. 86—tbe ast tor regis-
tering With., Ileitis, and saserisess. T. set provided au
every passe who await wilfully make es ewe to be made
say false obstemot Issalle mai wth• Pertholue malted
to be
sh
reslelsoei. be the purse el basks se& steimust
neysissi,- eeM be stabled totlie *mai mollies slashed
to*. aim eirdwy. nom*, *time IS siposi

THE EXPRESS, TUURSDAY EVENING, JUNE 20, 1850.