The Sun.
London, England, 1841-11-19 00:00:00

EDUCATION IN FRANCE.

The Moniteur contains a report from the Minister
of Public Icstructioo, occupying no less than fourteen
columns, on the state of primary instruction in France
up to the end of 1840. We make the following ex-
tracts :

The total number of the communes of France is
37,295. According to the last statistical report, in
1837, there were then 29,613 single or united com-
munes provided with schools. In 1840 there had been
additions of 3,486, making an nmcunt of 33,099
schools, leaving the number of communes unprovided
with schools 4,196. In the departments of the Ar-
dennes, Doubs, Nord, Haut Rhin, Seine, Somme, and
Vosges, there is at least one public school in every
commune. Other departments arc very near being in
possession of this advantage. Thus, in 1840, in the
H lutes Alpes there was only one commune out of 180
without a school ; in the Bas Rhin three out of .543 ;
in the o;se five out of 698 ; in the Meuse
five out of 570 ; in the Pas de Calais eight of
903 ; in the Haute Saone seven out of 651 ; is
the Meurthe eight out of 714 ; in the Aveyron
three out of 256 ; in the Aube six out of 447. The
departments, which last year were most in want of
schools were the Allier, where there were 141 com-
munes out of 323 without any ; the Corveze 137 out
of 202 ; the Indre 124 out of 249 ; Morbihan 111
out of 228 ; Finisterre 121 out of 281 ; Cotes du
Nord 140 out of 374 ; Dordogne 184 out of 585 ; Saone-
et-Loire 170 out of 593 ; Charente 107 out of 453 ;
Puy-de-Dome 11.5 out of 445 ; Haute Garonne 138
out of .596 ; Eure 125 out of 791.—The progression
in the number of scholars has been equally remarkable.
In 1837 there were in the communal and private schools
under a master 1,547,194 boys and 412,636 girls, and in
those under a mistress 23,350 boys and 707,511 girls.
In 1840 there were in the communal and private
schools under masters 1,607,013 boys and 444,356
girls, and in those under mistresses 34,394 boys and
795,916 girls. In 1837 the superior communal and
private primary schools received 9,414 scholars, and at
present 15,285, being an increase of 5,871. These
scholars are not admitted until they have shown on
examination that they have acquired the instruction
given in the primary elementary school,. They gain
in the superior schools more extended lessons in the
French language, history, geography, and arithmetic ;
are taught book keeping, linear-drawing, perspective,
and receive considerable instruction in geometry, natu-
ral history, physics, and experimental chemistry. This
general education is in moat of these schools divided into
three annual courses, and is conepleted with studies in
?Imo of the living languages. Moral and religious
instruction is given in these and in all the schools.
nAinmeotnyg.fouthreisne
plete, that is to sa
which
ois
the thsyeracemaroof
ionnsteruhetuinondriesd
oa
mn d..
branches, some of yv;hiacffhordres ethspeeseciahlolylacraslaclullattheedviaorriothues
this respect attained a remicatr
peculiar wants of the
.k
bSI
ee Several of
degree then
importance
tome others, are cited as
ex. Caelo, Lille, Rennes, and
amp es. In 1837 there
were 26,370 schools exclusively p
lies, 563 to Protestants, 28 to ejpewr.opriatanae 2,059 were
d to Catho•
mixcd. In 1840 there were 28,018-oatholi
061377 Pro;•
testant, 31 Jewish, and 2,059 mixed schools,
number of schools under communal masters, which in
1837 amounted to 29,313, is now increased to 30,785
Among these, those confined to boys amount to 12,486,
and those common to both sexes 18,299. Besides the
regular schools, the administration has alio turned
its attention to adult classes for the evenings and
Sundays, for the instruction of men whose early edu-
cation has been neglected. In 1837,thero were 1,856
adult schools in 1,547 communes, giving primary in-
struction and some practical notions of the sciences to
36,966 workmen of all trades and employments.
In 1840 the number of adult classes spread over 3,090
communes amounted to 3,403, being nearly double, and
had 68,508 attendants. This instruction, however, is
too much neglected in many of the departments. There
is not a single adult class in the Aisne, Basses Alpes,
Ardennes, Ariege, Aude, Aveyron, Centel, Charente,
Charente-Inferieure, Cher, Creuse, Doubs, Gz.rs, Let,
Lezere, Haute-Marne, Nicvre, Puy de Dome, Pyrenees-
0. ientalcs, Haut-Rhin, Somme, Var, and La Vendee. In
other departments, on the contrary, they are numerous.
There are 190 adult classes in the Gironde, 120 in the
Indre et Loire,l94 in the Isere, 194 Loir et Cher, 188
in the Loiret, 183 in the Maine et Loire, 188 in the
Meuthe, 303 in the Meuse, 219 in the Orne, 240 in
the Seine et Oise, 149 in the Deux Sevres, and 155
in the Viene. The city of Paris expends annually in

the ms intenance of adult classes a sum of 57,744 francs -
-an example which is imitated by communes in
severed department. Thus the Municipal Councils have
vot ed for this purpose in the Pas-de-Calais, 7,100 f. ;
Gi..onde and Marne, 3,400 f. ; Indre-et-Loire, 2,830 f. ,
Le:ire-Inferieure, 2,600 f. ; Mense, 2,2421.; Nord and
Oise, 2,100 f ; Seine-et-Oise, 2,800 f. Several Coun-
cils-General have made sacrifices for the instruction of
adults, and the aggregate of their votes in 1840 for this
object was 31,796 f. In 1837, there were in 172 corn-
anunes 261 asylums receiving 29,214 children. There is
now to be found in 352 communes, 553 infant schools (sal-
les d'asile), receiving in all 5,986 children. There are,
therefore, at this time, 294 infant schools receiving
21,474 children, more than there were in 1837. The
communes have devoted to these humble establishments
the sum of 245,631 f. The Chamber of Deputies added
a credit of 200,000 f. for the same object to the budgets
for 1841 and 1842. This sum is distributed as an en-
couragementamong such communes who have been at the
expense of purchasing grotand and erecting buildings
for these schools, and has been a means of increasing
their number. It has'already produced, a good effect.
Independent of several recent esta.'elishments, there
are at this time seventy-nine proposals for new
ones laid before the Royal Council of Public In-
struction for its examination, The number of commu-
nal teachers who receive fixed salaries not amounting
to 300 f, a-year each, is 25,051. Of these, 23,048 re-
ceive only 200 f. each, and 2,003 have salaries between
200 f. and 299 f. The total number of persons employed
in primary schools is 62,859—namely, lay teachers
(male), 38,368 ; religious ditto, ditto, 2,136. Lay
teachers (female), 11,984 ; religious ditto, ditt0,10,371.
The number of persons employed as Inspectors of
Senools is 168. Besides the 76 Normal schools, 4of
'which are directed by Ecclesiastics, and 2 entrusted to
brethren of the doctrine Chretienne, there have been es-
tablished 3 schools of the same order, specialty appropri-
ated to non-Catholic communions, and directed by Pro-
testant pastors. The maintenance of these Normal schools
causes it'l annual expenditure of 1,538,203 f., borne by
families, by the Departments, and by the State in the fol-
lowing proportions—namely, by families, 268,520 f. ; by
communes, 23,8901. ; by the departments, 1,081,348 f. ;
and by the State, 164,445 c. In 1837 the Normal
schools gave instruction to 2,406 persons intended for
teachers ; a number increased at the present day to
2,684, which are thus divided :—Free boarders, 311 ;
free out-hoarders, 37 ; bursars of the State, '2OB ; com-
munes 81 ; departments, 2,054. In 1837 the Normal
schools sent out 860 masters. In 1840 the number was
not greater on account of the length of time employed
by some of the schools in more extended studies, a great
many of them having been detained for a third year.
Nevertheless, the supply of new teachers has increased,
since, out of the 860 students who were qualified in
1837, only 671 have been placed ; while out of the
860 qualified in 1840 there are 713 at the heads
of schools. This proves that Normal instruction is pro-
ducing more and more immediate results. Of the 860
sent out. in 1840, diplomas of capacity for giving supe-
rior primary instruction have been granted to 130, and
for riving elementary primary instruction to 730. The
713 normal students who have been placed are thus
d'eided, 660 in communal schools and 53 in private
eehools. The average number of places vacant for
' communal teachers was, three years ago, 2,356, but at
present they are no more than 2,308. The Normal
schools provide for about one third, the other two-
thirds are filled from other candidates. Endeavours
have been made for forming on a regular system female
teachers, independent of the religious corporation.; of
women, and several schools have been in consequence
established."

THE SUN, LONDON, FRIDAY, NOVEMBER l9, 1841.

LAW INTELLIGENCE.
COURT OF CHANCERY, Nov. 18.
MITFORD V. REYNOLDS.

The arguments, which had not concluded when his
Lordship rose, will be proceeded with to-morrow (this
day), and appear likely to occupy the Court the whole
of the day.

VICE-CHANCELLOR'S COURT, Nov. 18,
LODGE V. NICHOLSON AND OTHERS.

This suit was instituted by the plaintiff, as adminiS-
tratrix of Mrs. Batham, against the executors of Mr.
Baker, who, during his life, had acted as her agent for
receiving certain rents and dividends of stock.
The object of the suit was to obtain the re-investment
of a sum in the Three-and-a-Half per Cents., equivalent
to a sum of 2501. Navy Five per Cents., which it witF,
alleged Baker had transferred in his own name, without
the consent of Mrs. Batham, to have the arrears of the
dividends paid.
His HONOUR, in delivering judgment, said, in this
cause Baker, a tradesman resident an London, acted as
the agent of certain friends of his, named Batham,
of the same class of life as himself, and residing
in the county of Hereford. Among.' Other things, in
1810 a power of attorney appeared to have been executed
by Batham for the purpose of Baker receiving the divi-
dends of certain stock, which was acknowledged to.be-
long to Batham, and standing in the name of the -person
whom he represented. There was added to that power
of attorney an authority, which certainly mast. have
been with the perfect knowledge of Batham, to• Baker,
not simply to transfer the general moiety of the
.stock,
hut -what appeared somewhat singular, to transfer it it
his own name. Why that was done did not appear.
There was no evidence whatever tharthere was any con-
sideration for such transfer ; no evidence of a contract
for it, nor that it was intended by way of gift.
Now, when he found Baker agreeing, to pay. to Mrs.
Batham the dividends on the whole stint, as he had pre-
vious to the transfer, and not referring to the authority
given in the power of attorney, but to an authority in
his own strong-box for that purpose, which he never pro-
duced, the inference was unavoidable, that the moiety of
the stock which Baker transferred in his owrr'natne, was
so transferred as not to be in equity a change oir the pro=.
perty; and his Honour's opinion was, that Baker;, at his
death, remained indebted in that moiety to the estate of
Batham. The decree then to be made in the cause would
declare that Baker at his death, was indebted to Batham's
estate in the sum of 2621. 10s. New Three-and-a-Half per
Cents. ; and that the executors of Baker shall be bound
to transfer in the plaintiff's name that sum, with the divi-
dends which had accrued on it since the death of Bakker,
an account to be taken if the parties differed. With
respect to the question of costs, his Honour saw no rea-
son for departing from the general rule, which directed
that a creditor, successfully suing an estate, however
properly the executors might resist the demand, slnuld
be paid his costs.
Some other cases wholly devoid of interest were dis-
posed of, and the Court rose at four o'clock.
(Before Vice-Chancellor WIGRAM.)
RAINE V. CAIMES.

The hearing of this cause was brought to a conclu
zion. His Honour deferred his judgment.

BOW3ER V. COLBY.

The Court was occupied with this cause until its
rising. We shall give a summary of it at a more ad-
vanced stage of the hearing.
The Court rose at half-past three o'clock.

COURT OF QUET:'N'S BENCH, Nov. 17.
THE QUEEN ON THE PROSECUTION OF WRAY V. THI
GOVERNORS OF THE DARLINGTON GRADDIAR SCHOOL.

Mr. CRESSWELL showed cause against a rule for a
mandamus .0 be directed to the defendants to readmit.
Mr. Wray to the office of master of the grammar school,
of which office it was alleged that he had been unduly,
and without proper authority, deprived by the defendants.
The ATTORNEY-GENERAL, in support of the rule, began
by remarking that he had seldom known a case in which
such complicated questions of law and fact were raised on
the discussion of a rule to show cause why a mandamus
should not issue.

The COURT thought that the mandamus must go, ant
those questions be raised on the return.—Rule absolute.
THE QUEEN ON THE PROSECUTION OF JOHN BIOURI

LYAN V. THE MAYOR, &C.' OF SANDWICH. •
Mr. KELLY and Mr. WATSON showed cause against a
rule for a mandamus to be directed to the defendants to
pay over to the prosecutor the sum of 7,6201., as com•
pensation to him for the loss of his office as town-clerk
of the late Corporation. The prosecutor had held that
office for some years before the passing of the Municipal
Corporation Act, but was dismissed from his office in
January, 1836. He then claimed compensation for the
loss of the office. The town-council rejected the claim,
on which the prosecutor appealed to the Lords of
the Treasury, who awarded that he should have an
annuity of 601. granted to him as compensation. The mem-
bers of the Corporation at once submitted to this award,
and prepared the bond for the annuity, and ten-
dered it to him. But he claimed the absolute sum of
7,6201., and had applied to this Court for a rule to that
effect, and the present rule required the payment of that
sum, and took no notice of any bond for an annuity.
Under these circumstances it was clear that he had no
legal' right to the interference of the Court. Here
the Council had adjudicated on the claim, and the
prosecutor himself had acknowledged that there had
been an adjudication by the Town Council, for he
appealed against it to the Lords of the Treasury.
The whole of the proceedings had been regularly
conducted under the statute, and according to the
cases which had been decided there was no right in a
claimant to appeal to this Court against a regular decision
of the Town Council and of the Lords of the Treasury. If
these bodies had decided on the claim, this Court would
not sit as a tribunal of appeal to examine those decisions.
It would only interfere when either one of these bodies
refused to make any adjudication. That was not the
case here. There had been an adjudication, and the
Town-council had tendered the bond, to secure the an-
nuity which the Lords of the Treasury had awarded. All
that the statute required had been done here, and the
rule must be discharged.

The SOLICITOR-GENERAL and Mr. WHITER URST were
heard on the other side.

The COURT took time to consider the judgment.
THE QUEEN ON THE PROSECUTION OF THE REV. J. TEB-
BUTT V. THE JUSTICES OF MIDDLESEX.
Mr. Sergeant HALCOMBE said that he was instructed
to move for a rule to show cause why a writ of manda-
mus should not issue to the Visiting Justices of the
Pauper Lunatic Asylum at Hanwelt commanding them
to restore to the applicant, Mr. Tebbutt, the use of the
chapel of that asylum, to which he was lawfully entitled
as chaplain, and to pay him the arrears of his salary.
The affidavits on which he moved contained statements
as to the facts which might shortly be stated to be
these:—The Reverend Gentleman held the license of
the Archbishop of Canterbury to perform the duties
of chaplain to this establishment. His appointment
had taken place under the 9th George IV., c. 40, s. 32,
by which it was enacted that, in every case where a coucity
lunatic asylum existed, there should be provided a
Chaplain for the same, who should be a person in full
orders, and should be licensed by the Bishop of the
Diocese ; and the said license to such person should be
revocable by the said Bishop whenever he should think
fit to withdraw the same and the said Chaplain should
P".liorm service on each Sunday and on the great fes-
tival days, according to the forms of the Church as
established by law. This appointment was only for
the purpose of preaching and prayer, for, by the
ecclesiastical constitution, the cure of souls within
the parish belonged to the lawfully-appointed In-
cumbent thereof. The applicant in this case was
elected to his office in 1839 ; ho was presented to the
Archbishop, and duly licenced by his Grace. In July
last the visiting Justices thought fit to dismiss Mr.
Tebbutt, and to nominate Mr. Burke in his room, and
they applied to the Archbishop to licence the gentlemen
so nominated by them, and to revoke the licence which
his Grace had already granted to Mr. Tebbutt; Lut this
his Grace refused to du. In fact, there was no good
ground for such a course, for Mr. Tebbutt had not been
accused of any misconduct, and the visiting Justices
themselves accompanied their application to the Arch-
bishop with a request that his Grace would provide
other preferment for him.
Lord DENMAN said, that it was quite out of the usa al
course to grant a rule absolute, in the first instance, in
any but cases of a very peculiar kind. - The present was
one which required to be discussed, and the Learned
Sergeant might, therefore, take a rule to show cause.
Rule granted accordingly.

COURT OF COMMON PLEAS, Nov. 18.
WALTON V. POTTER.
Mr. Sergeant CHANNELL having replied in support of
the rule for a new trial,
The LoVd CHIEF JUSTICE went elaborately over the
evidence and arguments, and the rule was discharged.

-CONSISTORY COURT, Nov. 18.
TIIE PARISH OF ST. JOHN'S, HACKNEY-CHURCH RATES.
This was a libel brought by the Churchwardens of
St. Juhn's parish, Hackney, stating that a rate for re-
pairing the Church was due from one William Nunn.
The question fur discussion was whether the rate was
acluaissable.

Dr. Adams, on behalf of the Churchwardens, con-
, tended that it was, and the Queen's Advocate (with
whom was Dr. Bayford) for the respondent, that it was
not. Both the Learned Gentlemen having addressed
the Court on the more technical points, stated the facts
of the case, which appeared to be as follow :—A rate
was imposed on the parish of St. John's, for repairing
the Church, and the proportion in which the respondent
was called on to pay was 4s. 3d. The rate being deemed
oppressive by a large body of the parishioners, they de-
determined to oppose it, as they considered the Church-
wardens were not empowered by law to levy any rate on that
part ofthe parish of Hackney. The grounds on which they
came to this conclusion were—that in the year 1763 an
Act was passed, entitled the 30th of' George the Third,
for the purpose of enabling certain parties to bu:ll,', a
new church upon the site of the old church John,
Hackney, and enlarge the church-p.7:d- attached to it,
For this purpose the
parish wa to assessed in the sum
of 28,0001, by trustees, 10_0 were to be the Church-
•:vardens, and who were 17Kewise to be entitled to the fees
charged upon
the 's
ourial of every person not an inha-
bitant of the
to serve
.c.erfain parochial offices on the part of those
PP.:;ish, and all fines to be levied fut refusing
who ere duly elected ; which sums of money were ap-
piled to the purpose of keeping the church in repair.
These powers were to remain in the hands of the trustees
(in their capacity as trustees) without reverting to
the Churchwardens or Rector of the parish, until
all the provisions of the Act were perfectly fulfilled, which
had not been yet effected. It was contended also that
the churchwardens had not been duly elected. The
parish of Hackney had, since the passing of the Act
above-named, been divided into three separate parishes,
called West Hackney, South Hackney, and St. John's ;
and, although the persons elected as churchwardens of
the entire parish might be qualified in all matters relat-
ing to the poor, yet they were not considered entitled
, .

to levy a rate upon one portion of the parish, as trustees I
for the church, without the general consent of the pa-
rishioners. It was further stated that the churchwar -
*tens had more than sufficient funds- on hand, arising
from burial and other fees, to cover the estimate sub-
mitted to the tradesmen for required repairs.
Dr. LUSIIINGTON said, as there were many points in
tho case which he would wish to consider before pro-
nouncing judgment, he should defer it until the next
Court-day.

POLICE INTELL IGENCE.
BOW-STREET.

A youth of about nineteen years of age, who gave the
name of Charles Tyrrel, but whose real name was stated
to be Alfred Garlick, was placed at the bar charged with
several burglaries.
There were already several charges against him of
breaking into and robbinr, houses in town, and Police-con-
stable 14 N, who apprehended him, said that he had
walked miles and miles in tracing the prisoner's -where-
abouts, and recovering property which lie had stolen
and disposed of.
Miss Ashton, landlady of the King William the
Fourth, stated that he had lodged at that house a short
time ago ; and that soon after he had quitted, the bar
was broken open and robbed of a quantity of liquor in
two stone bottles, several table-cloths, a hammer, and
.nher property. 'Witness supposed that he had secreted
himself in the coal cellar. He had forced the lock off
the bar-door, and on quitting the premises left the street-
door:wide open, and the waterman of the coach-stand dis-
covered it in this state.

Police-constable 14 N deposed to finding the stone
bottles and hammer, the property of Miss Ashton. at
the prisoner's lodgings at a coffee-shop in Chandos-street.
Mr. Risdale, a stock and brace maker, of -the City-
road, next appeared to prefer a charge against the pri-
soner. His shop had been broken open on the night of
the 2d September, and a quantity of stocks stolen there-
from. It had since been discovered that the prisoner
;lad been selling stocks, which, the constable present had
traced, and which witness had identified as his property.
some of them were also found at his lodgings.
Police-constable 14 N, said he had another charge
against the prisoner, for breaking open a second public-
house, but had not yet .had time to get the evidence to-
gether. He also " wanted him" for a burglary com-
mitted in the- country.
Mr. TWYFORD said it was evident that the prisoner
was a practised burglar and most dangerous character.
The extent of his depredations, considering his youth
too, was certainly extraordinary.
The prisoner was remanded.