Star. — London, England, 1829-06-30 00:00:00

• • .•- : .• • - I (.. . . • . • . . ' . : t0,, -. 0 . .•, - *‘:• . 7 : - . Tiet.... , ' , ;.... ..-;!...,-_, .., ... ~,,..• . .., . . . . . • .1 --.....%%.••,.......... , 11 . .. ... 11 4 ';I : . ~/. ,• r l' ' . . ~ 4- . . A i , ( f Q__ .. l • lb e -,...- ,-, ~.....Q -,,,,..,,„,,,1....4 i aei . t la, XQUPM .v a • .m.m••••• ;ion rtalbfrtaltetkisafole Mr s Ullman Hospital, oti the rd, aged SO. a Poliort ? by lowing shocking manner s ie vo an d . so f a% Fitzrpy• at he had known the de. s hr years; on Saturday , Dean-street, Soho, about he observed a ladder lbe.Soho-square Basin, 'Ming at work t• he had a two or three paces whe t le had fallen t on lookin g n the, spikes of the irnao it assistance could be ob.. an alarm, being'unable account of an accident. men, named Banks anal urn flour the spikes; liee Tne .spikes had eateredi hil groin. He was i,pm. opital on great agony:. lace-awl account furtio him .as you passed the tprehensive that thede.- at the time, which had• on putting the queatiom it we, not the case. deceased fall? ' • knit t h irty feq. Tritti sober man? her. industrious man; he g children. • ' • porter to ikKrtatbir, stated that hcur before the accident .at the time; On the last immediately assisted in kes, when he wee placed the hospital. , urgeon to the triSilletes tied was brought into the it. Be had received two T part' of the spirt- s►ies is also a wound in front, From the extent of the . • ery little hopes of his ft day evening a'sout eight injuries he had received. • two men, John Carline, of t, of Booby, after having t potter, went into the gift had got their dinners to y were both seizei within discovered by a neighbiur tie approaching to insensi eon, was intmedia . ely 'Out tiered, it being conjectured ty something that had biep Per y effort at resuscitatifin regard to West, who died ate had been discovered. wars, drunk so Much aibis restred, though not With. to him. On Ftiday, an kw of West; by M. biion , tq. the' evidence of sivera{:pfr t had been taking his fist. Ito had formerly tekid partaken of a bottle a dozen purchased of a te. fore; that West had oaks* arge draught, but tfiai bbth th ; that after they .had been boys desiribed,•alt emetic deb had no Croat bti.Wett. d that surgicaltaid hid heeli le. The bonle . iplith the-a iduced, and found to emitiflo embling the dregi of oplo.ol. porter had been bottled and that,for any thing he der these circumstances, die !d the evidence the Foreaslin onsultation with kis cojurt of is Accidental death,eaosed bottle of porter stronglitski- Doncaster Gazelle. a boy called John °urea, Imoll, near Sanslywell, 841- 4. and would have. been ons of a bold little fellow, e, who was angling near the atter observing the accident clothing and swam towards risen more than once, bold. 'is mouth, and encoding the Bove his head. The adfeu ing the extended arm swans to boy, who .by shit time ex and is even yet•ie a weakly lIADARY. tie Bank —The beet —Hoiidayat he SOMf day, because they were ae day. The granting of Inds& 11c Chapels. ninutits past 3.4.4ets 14 minnow sent by blows to view the lad. minutes part 4 morning. Georgian ins. Saturn sets 311 minutes past O' e Bleised Virgin. The Chords the Virgin to her cousin Elisebttli e 1.39. The Sun in Perigee. eau* in Perihelio. Thigh Olefins • Martin. United States declared iTH. ly 91 Captain Dater°, inid High- Minium 13,209,.] SALE POSTPONED. ; • LINCOLNSHIRE • VALUABLE FREEHOLD ESTATE Mr. JOHN ROBINS, (Of Warwick House, Regent-street,) INFORMS THE PUBLIC, THAT THE SALE OP THE FREEHOLD ESTATE—WALESBY. ft waste a short &stance front Market Rabbi and Gainsborough, ii the County of Lincoln, With Fenn Houses aa4 Buildings, Cottages, Gardens, capital Water Corn MW, Woods, and Meadow, Pasture, and Arable Laud—containing nearly TWO THOUSAND NINE HUNDRED ACRES, Rich the PERPETUAL ADVOWSON to the RECTORY Of WALESBY, and OA HUNDRED AND ONE ACRES OF GLEBE LAND, ' ADVERTISED TO BE SOLD BY AUCTION, At Garriway's Collee.touse, 'Change-alley, Con3Mll, On TRIIIiSDAY, the =Lot July, WM, IS POSTPONED TO ?MOAT, TH$ 511? OP JULY, 1829. 170, Bert-street, June Ms 10M!. SALE BY AUCnON. __.,„..._ - - VARIER VILLA, ISLEOF tHANET. Between MARGATE AND BROADSTAIRS. Dedrabli RESIDENCE, with OFFICES, COACH HOUSE, STABLE, LAWNS, productive GARDEN, and ORCHARD, MI on ENCLOSURE of GRASS end ARABLE LAND. TO ER SOLD BY AUCTION. ' By Mr. ROBINS, (Of Warwick House, Regent-street), At Garraway's Coffee House, 'Change-alley, Cornhill, OM TNVIAIDAT, the glid day of July, 1829, at Twelve o'Clock, AVALVABLE FREEHOLD ESTATE, LAND TAX REDEEMED, . - ' * Comprising a Commodious COTTAGE RESIDENCE, _..Erected on an °mentalist Elevation, handsomely fitted up internally at a considerable expense, with every comfort and convenience for a Amity of consequence, situate in REDING-STREET, ST. PETER'S, about one mile front BROADSTAIRS, two and a ' half from MARGATE, and three and a half front RAMSGATE, ' containing an Entrance Hall, Drawing Room and Dining Parlour. Breakfast and Morning Rooms, Four principal Bed Chambers and Three Servants' Rooms, Footman's Pantry, Kitchen, Scullery,with n large Riservoir for Water, and Water Closet; Arched Cellars • for Wine; Ale, and Beer. .. %Detached, a double Coach House, with Man's Room over, ..... ,Three Stall Stable, and large Left, Wash and &ew House in one. with Laundry over; a Well of good Water.. `:- The House is pleasantly seated on a Lawn, neatly laid out, with i .It Shrubbery planted with Fruit Trees. Evergreens, &c. protected from the Road by a new built Wall, and cross Walled, clothed with numerous choice Fridt Ttees, and Field adjoining, containing together about - FOUR ACRES, Enclosed by a thriving Quiet Fence, part laid down in Grass. nem are beautiful and extensive Sea Views from the South For.. • land to the North Sea, combining the coast of France, possessing • greater advantages than a residence nearer the shore, without the stmeoess and glare of tlse Water. The beautiful manner in which the grounds are laid out, the comfort of the interior of the edifice, Tenders it one of the pleasantest for a residence in the Isle of Thanet, • either as a Summer or Winter habitation. To be viewed by applying on the Premises, where Particular* may be bad ; of Mr. Wright, at the Hotel, and at Mr. Bettison's Library, Margate; the Albion Hoiel, Broadstairs; Crown, Rams gate; Ship, Dover ; Fountain, Canterbury ; Rose, Sittingbourne; of Edmund. Robinson, Esq. 1, Carey-street, Lincoln's Inmfields; at Garraway'e; and of Mr. ROM., No. 170, Regent-street. .;t.... _ . 'DR. JAMES'S FEVER POWDER AND ANALEPTIC PILLS. THE FEVER POWDER is allowed to be the 'Viola valuate discovery ever ma* 111 *lle *limo of Ma ' • *tine, and is administered with equal success in Fever, Aleasles, • &. Anthony.' Fire, Pleurisy, Sore Tbtwt, Rheumatism, &c. In • pockets at Sca. fkl. and els. The ANALEPTIC PILLS, from their influence in exciting . the natural secretions, are an excellent Alterative Remedy in Chronic Rheumatism, Habitual Febrile, and Gouty Alkedens, Irktig,. , lica, Bilious, god other Complaints of the Ilesnach and Bowels. In boxes at 4s. ed. and 24,. Mi. James tbinks it necessary to inform the Public that Messrs. Newbery, the late Agents of his Grandfather, his Father, and him self, Me now vending Artlelet of their own Composition, under the tiaMe of Dr. James; and that be bat appointed in their stead, at Sole Agents Messrs. &mai, Chemists, Cheapside, corner of Sc. Paul's, Lot don ; Sackville.strem, Dublin ; and Princes-street, Edinbergh: they may be had Retail of the principal :Medicine Venders. Observe the Signature of R. G. G. Jaws on the Label. I EVER ANXIOUS TO PREVENT IMPOSITION, AY and MARTIN respectfully inform the Public 10'they have, after much labour and at a very considerable es pense, brought to perfection a Label of sush singular construction and extreme difficulty of execution, that they trust will cifecaually prevent the many frauds that are daily practised on the Public.— Aar atteitkui to the following description of the Label will ensure the genuine Blacking prepared by them. A pattern like Lace of a pink Colour covers the principal part of the Label, the names of Th,:y and Martin are printed in white letters edged with pink and black, and placed on a white ground, the address, 97, HIGH-HOLBORN, as, alto. white letters edged with pink and black, but placed on the late pattern, the signature and price at foot are black on a white . ground, the preamble and directions for use are printed as belcre black letters on white ground.-87, High-Holborn, Sept. 1823. , " Domus et places, nxor."—Hoa. • Thy house, and (in the cup of lite That honey-drop) thy pleasing wife! HAPPINESS, " the .tay to-inutrow of the mind," is insured by marriage ; "the strictest tie of perpetual Friend ship," is a gift from Heaven, cementing pleasure with reason, by • wbietsi my* Johnson " we approach in some degree of association with celestial intelli;" ence. . . . Previous, however, to entering into this hallowed obligation, it becomes an imperative duty, not only to regulate the passions, but toeleanse the grosser nature front those impurities which the free dom of unreuricted pleasure may have entailed upon tr. To the neglect of such attention are attributable many of those hapless instances which, while they excite the commiseration of the be _ _ holder. should also impress him with the fear of self-reproach. Usurious habits will effeminize the body—a residence in the tropics will relax the elastic fibre—but more especially does the premature infatuation of youth too frequently compromise the na tur*l dignity into a state of inanition, from whence the agonized, seShier more than doubts the chance of relet. To all such then we address ourselves, Mitring hope, energy, muscular strength, felleitt ; nor will our adfances appear questionable, sanctioned as they ate by the multiplied proofs of 20 years' successful experience. The easy cares of married life are sometimes disturbed by the suspenders .of those blessings which concentrate the nuptial wreath —for.the female habit is often.coostitutionally weak—yet it can be etungtkeoed, and deficient energy improved into functional power. lb every case of syphilitic intrusion, as well as in every relaxation of the generative economy, we pledge ovr ability to cure speedily, . and with effect. Earnestly solicitous to expel the unfeeling empyric frost the position so presumptuously taken up, we deviate from general principles with less hesitation ; and confident in our own bonourabk Integrity as Members of the College of Surgeons, we refer the suffering community of either Sex (especially those en. taint Inc. Matrimonial life) at once to stir house, where daily atteadanco is giien for personal consultadon ; and letters front the country are fa ntediately answered; these must contain a remit . time for Advice and Medicine, which can be forwarded to any pest of the *Grid, however distant. GOB 5 and Co. M.R.C. Surgeons , No. it, Bouverie-streec, Fleet street, • O. lust published (Seventeenth Edition), 1. The ifiGIS of Lure, ▪ fintiliar Commentary on the above Diseases. 2d, Hruent.tra, thildreastd exclusively• to the Female Sex. May be had at 16, • PrEnies-areet, Soho; 174, Fleet -street ; 4, Catherine-street, Strand; abersireod, Gilbert, and Piper, 20, Paternoster row ; and Chapple, 19, Pm. mii, London; Porter, 72, Grafton -street, Dublin; liThuti 13f , Theigate, Glasgow; 9, Calton -meet, Edinburgh ; Todd 911 aliceielletk Price ill. TUESDAY EVENING, JUNE 30; 1829. FRENCH PAPERS. PROM THE JOURNAL DU COMMERCE, JUNE 2. PARIS, Jams se. For these two days past the funds have been much in favour, which has been attributed to the resolution which has been again agitated by the Bank to reduce the rate of discount from four to three per cent. We do not know whether this news is well founded. best it is certain that the smallness of the half-yearly dividend must induce the Council of the Bank to adopt some measure which may promise a more advantageous em-. ployment of its capital. PROW THE UESSAGER DRS CHAMBRZA. PARIS. Juts 26. EXTRACT OVA PRIVATI: LETTER PROM LISRON, JUNK 6. is The Belle Gabriel French frigate has just arrived in this pint. It'could not appear more cppropos than after the executions at Oporto, and the excesses recently committed in the capital by the Royalist Volunteers. The presence of this vessel has produced here a lively sensation and almost general joy. It cannot fail to inspire the disturbers of the peace with awe, and k will preserve our couat,symen from the insults and ill treat ment to which the inhabitants of Lisbon have been es 'posed for above a fortnight: Fiume Pthino—Paius, Jona 27.—Plye per Cents. 109 f. 49c. 40c. Three per Centa..2l9G ItSe. 90c. 110 e. ssc.—Yank Stock. 1.805 f Naples Stock, 25f. Ssc.—Royal Spanish Loan, 74E—Spanish Rentes Perpttuelles 496 E—Harlan Loan, 450E—Rachange on London one mon th , 5Sf. 45c.; three months, 25f. 30c.—Cows Authent6e. HAAIBURtiH PAPERS. Bonen Halle, June 26, Four o'Cloek. , WMIAT—Few real sales have been effected during the week, and such purchases as were made for exporta tion were made only at reduced prices. Inferior samples are extremely heavy, and continue, in consequence, to be brought to the hammer. Our own consumers keep themselves almost wholly nut of the market. The same may be observed of almost every other species of grain. From the I Ith to the 17th inst. inclusive, 139 cargoes of corn passed through the, Sound; of these 53 were bound for British, 23 for Dutch, eight for French, and 35 for Danish, Swedish, and Norwegian ports; four were bound for Hamburgh, and of sixteen the destina tion was unknown. Weight. Dix dollars. Dantzlc Wheat . 122 to 126 ... 145 to 155 Pommeranian • . 122 to 148 ... 130 to 142 Ashok (white) . . 118 to 124 .. 160 to 145 Ditto (red) . . 122 to 128 .. 132 to 142 Danish . . . 120 to 128 .. 115 to 128 Dantsic Rye . . . 118 to 122 .. 66 to 70 Pilagdeburib Barley . 98 to 104 ... 54 to se Anbalt . . 98 to 104 .. 64 to M . Upland Oats . . 66 to 74 ... 44 to 47 Little business doing in Fab& Discount Si per cent. money. Nils on Paris are in demand; on London they are offered. End of Jaw. Last Tuesday. To day. 63 13-16 631 931 931 88 int 100 100 1113 1112 98* 98* 13 91 13 101 Anglo Danish Loan 3 per Cent. Anglo Russian Loan Hamburgh do. Polish Bonds . Austrian Bank Shares . Austrian Metalliques Exchange upon London, at two months at sight fiCNANIBIS ON LONDON. ANITICIDAY—.TI,O months, 55 65.100. Punts—Two months, lent. STOCKHOLM, June 12. In consequence of the extraordinary drought with which we continue to be visited Rye rote yesterday three dollars per ton. GIBRALTAR PAPERS. In order to raise the sum to be paid by Cadiz into the King's coffers in lieu of all former taxes, &c. pur• :want to the late decree declaring it a free port, the local authorities, by virtue of the powers vested in them for that purpose, had laid certain duties upon the neces saries of life—amlng others, 2* rs. vn. upon meat per pound, and also the following wharfage on the articles in the subjoined list: Its. Va. 3 a 4 1 S S 1 4 2 10 to '2O 4 3 2 1 3 3 4 4 Steel. per case . Cotton wool, per bale • Tar, per barrel Indigo, per seron . Foreign herrings, per tierce Saffron, per bag . . Q,uicksilver, per Bask . r.ugar, per box Ditto, per g ditto Brazil sugar . . Manilla Stockfish, per gallon . Pitch, per barrel . Cocoa, per bag Coffee, per bag • Marble Jabs, per foot Deals, per foot I%le•licines, per ease Tin plates per box Paper, white, per bale . Di , rn, brown Perfumes, per case Skins, pea case Cheese, per cwt. Bark . . Tobacco leaf, per bale . Cigars, per 1,000 . 2 Silk, wool, berry, or cotton stuffs, per case of bale . 7 Woollen;,unbleached linens, and cottons, per bale Coffee, per cask Cinnamon, per bale Hemp, per cask Wax, per bale . Cloves, per bag Copper, in pigs . Glass Hides, per 100 . Ditto,sole leather Staves, per million Iron, in bars, per gl. . Oachineal, per seron Soap, per case Jalap, per bale . Cordage, per gl. . Bricks, per million Books, per case Flax, per cask . Earthenware, per crate 8 6 4 . 5 a 1 4 10 SO 4 1 8 2 3 1 9 2 4 4 . i Silk, raw or spun, per bale 4 Vanilia,per case . . 2 Hats, per cam . . 4 Candles, per box . 2 Tobacco leaf. per hogshead 10 Sarsaparilla, per bale . 2 The above dues to be paid by the owners or as consignees of vessels. TERCEIRA. The island of Terceira, which has lately come into particular notice, owing to the stand made there by Don Pedro's partisans, is nearly the central one of the nine, called the Azotes, or Western Islands, and the seat of the General Govetnment for these insular depen dencies of Portugal. Terceira is about 60 miles in circumference, and cOntaias a population of 40,0001 persons. The city of Angra, situated on the south side', of the island, is the capital and a Bishop's See, as well as the residence of the Governor General. It stands at the bottom of a bay, between two mountains, on the, largest of which the castle is built, with extensive works, in such a manner as to overawe the entire popu lation below. The harbour is also secured from any' attack on the sea side by several forts, which command the landing and ornament the shore, on both sides of the harbour, for a considerable distance. The form of the island is wider than that of St. Michael's, and, al. though it affords evidence of volcanic formation, it pre-] tents elevated and fertile plains, uninterrupted by those cones and craters which distinguish the other parts of the Acores. Abounding in soil and situations pecu-. favourable to vegetation, its productions are rich and varied. _Possessing all the fruits peculiar to Eu ropean and tropical climes, in the highest perfection, a wheat field is seen at the side of an orange grove, often bounded by, forests of lofty pine, vineyards, or pasture grounds. the peasants are of a hardy and frugal races chiefly devoted to agriculture and the- breeding of cattle, or employed as fishermen. The lamas, peace- able and contented, lead a kind of p: imitive life, satisfied to barter the surplus of their produce for suck luxuries as they require. and by their industry many families have risen to affluence. Lisbon is almcht the only dis tant.place with whiCh these islanders keep up any thing like intercourse, although their ports are frequently vi sited by yew!: crossing the Atlantic. PARLIAMENTARY PAPER. REPORT OF THE COMMISSIONERS ON THE LAW OF REAL PROPERTY. • (Continued Item our Paper of yesterday.) It appears to us that cases of fraud and uust may be introduced as exceptions to the gemral enactment re. specting the period 'within which equitable relief ma; be granted, and that consistently with a legislative rule upon the subject, power may remain in Courts ut Equity to (*wee the performance of direct trusts, of whatever standing. and to relieve against long% con cealed fraud when it is discovered. • It is gener;lly said that en length of time is a bar to relief in equity in e.lses of t•atid and trust; but this prope.ittwo, we z.iitelimd, is to be confined to case, pf uniliscoveted fraud. and actual or afirect trust. After the fraud is known, there is no reason why subsequent lapse of time should not be efiective as a bar. In cases of actual or direct trust, as where the trust remains in the trustee himself, who has undertaken the trust. or in persons claiming through or under him without valu able consideration, no lapse of time can or ought to be a bar to relief, as there cannot in susli a case be any adverse possession; the possession of the trustee bens , ' al ways in equity the [too-section of the ceslui gut trust. Nor ought a trustee to be permitted to change his character by purchasing the trust property from himself, except under the restrictions imposed on such a transaction by Courts of Equity. But in all cases of constructive and implied trusts, where the parties, though claiming ad- Tersely, have been held in equity to be trustees, as in the cases of purchasers fur valuable consideration, with notice of the trust, or purchasers, who at the time of their purchase were, or shortly before had been, in fidu- ' ciary situations_ with reference to the property, as com missioners of bankrupt, assignees in bankruptcy, solici tors, surveyors, and other agents, lapse of time has always operated in equity as a bar to relief, and in all such cases we conteive that twenty years adverse pos session ought to be the utmost limit to equitable inter ference, allowing for the statutable disabilities. In this class may also be included the case of a trustee who has purchased from his cedui fue trust. We think, that for the sake of certainty and unifor mity, these rules should no longer be left in the breast of Judges ; and that it is expedient that all equitable estates and remedies be included in the proposed enact ments, by making twenty years. with allowance for disabiliti,s, the limit for equitable inte'fereace, except in cases of undiscovered fraud, and actual or direct trust. Where a mortgagee has been twenty years in pos. session without any payment or promise, or acknow ledgement, to sh ow that the relation or mortgagor and mortgagee continues, the right to redeem is gone, but evidence of any acknowledgement in writing or by isnot, to the mortgagor or to a stranger, or any me morandum or account found among the papers of the mortgagee, admitting or evidencing that he holds in that character, interrupts the bar. For this reason mortgage titles are insecure, and for a very long period almost %holly unmarketable. When the price of land is depressed. and the mortgaged premises are not worth the.mortgage money, they are abandoned by the mort gagor. From some local or general cause, or from actual improvements by the mortgagee, the value after many years is increased. A bill to redeem may teen be supported by some expression the mortgagee is sworn to have used in conversation, or some private •note which he is compellable to divulge, written by him, within twenty years. In anal..gy to the salutary statute lately passed (9 Geo. IV, c. 14), respecting acknow ledgements and promises to revive debts barred by the Statute of Limitations in personal actions, and to render adults liable for debts contracted during infancy, we propose that it should be enacted, that where the mort gagee is in possession, the bar in equity shall nut be affected by any promise, .statement or acknowledge ment, unless it were in writing, and made by the•mort gagee or those claiming wider the mortgagee to the mortgagor or those claiming under the mortgagor. We now proceed to the consideration of incorporeal hereditaments, and we begin with Rents. With respect to certain rents, there is at present no limitation either as to title sor arrears, except that of fifty years, created by the statute of 32 Henry 8, which is held to preclude any presumption of release or payment. We think the limitation as to quit rents, as well as rent charges, and .all periodical payments issuing. out of land other than conventioaary rents between landlord and -tenant, should be assimilated to the limitation of actions as to the land itself; that what is tantamount to a dispossession of twenty years, should bar the right to the rent, and that the arrears, like other debts, should be barred by the lapse of six years. Where rent is reserved upon a lease under seal, there is no limitation as to the arrears, al ' though in practice where there is no proof of acknow ledgesbent, a Jury is directed to presume payment after twenty years. We conceive that a positive bar would be much preferable to. a presumption which may be rebutted; and we see no reason why annual payments should be allowed to be sued fur after the expiration of six years, whether they may have been secured by deed or only arisefrom a simple contract. We are disposed to think that the statutes respecting landlord and tenant might be beneficially consolidated and amended, with the correction of some antiquated doctrines of the com mon law on the subject, and the addition of some pro. visions required by the change.' of the times, according to the precedents lately set in other departments of tf.e law, by which we think the most. essential service has been rendered to the community. To this subject we propose to give detailed attention hereafter. The law relative to the prescriptive right to profits and easements to be taken in or enjoyed over thksoil of another, appears to us to require amendment. This right can be only established by what is deemed legal proof of an adverse enjoyment of 640 years. By the ancient rule of the common law, enjoyment of such a right was to be proved from the time whereof the memory of man ruoneth not to the contrary, or during legal memory. Had this meant as far back before the dispute arose as could be proved by living witnesses according to the usual duration of human life, the sale would Dothan been unreasonable. But the limits of legal memory were formerly Elector lung made to depend upon the period writ of right, which till 32 Wray 8. Min period before the commencemer dated from some historical event fixed from time to time; as the beginning of the teign of• Henry I. the re turn of King John out of Ireland; the journey of King Heary:3 into N.antandy. or the coronation of King Richard 1. The last epoch being fixed by the Statute 'of Westminster '4, c. 46, as the time after which seisin must he proved to maintain a writ of right, it was from thence adopted as the commencement of legal memory. VlThen N Henry 8, provided that there should be a pia igressive period of limitation for writs cf right, legal merlon ought, preserving the existing analogy, to 'have been considered as intending a period of sixty years next before the dispute arcse. But unfortunately the analogy to writs of right was dropped, and the reign of Richard I. was adhered to, and is considered the con►meucement of legal memory for all purposes at the present day. The practice cf the Courts hAs created a remedy to this inconvenient and absurd rule in ordi. niry cases; for proof of enjoyment as far back as living witnesses can speak raises a presumption or an enjoy ment from the remote era. In som.,- cases, however, the practical restudy fails, and tlle rule produces the most serious mischiefs. A right claimed by preserip don is always disproved, by showing that it did not or could not exist at any point of time since the commence ment of legal memory, or although it originated before the commencement of legal memory, that at some soh. sequent period the servient tenement, or that over which The right i:oxercised, or the dominant tenement, or that to which the right is attached, °ace belonged to the same individual, whereby the prescriptive right was extinguished. Amidst these difficulties, it has been usual of late, for the purpose of supporting a right which has been long enjoyed, but which can be shown to have originated within time of legal memory, or to have been at one time extinguished by unity of posses. sion, to resort to the clumsy fiction of a lost grant, which is pleaded to have been made by some person wised in fee of the servient to another seised in ice of the dominant tenement. But besides the objection of its being well known to the Couroel, Judge. and Jury, that the plea is unfounded in fact, the object is often frustrated by proof of the title of the two tenements having been such that the fictitious grant could not have been made in the manner alleged in the plea. The contrivance therefore affords only a chance cf protec tion, and may stimulate the adversary to an investiga• tion for an indirect and mischievous end of ancient title deeds, which for every fair purpose have long ceased to be of any use. We propose that legal memory, with respect to this species of property, shall always be taken to be sixty years ante titan inalant, or rather that adverse enjoy ment during this period of any profit or easement in or over the soil of another, shall be conclusive evidence of a right to such profit or casement. It will still be for a Jury to determine, in case of dispute, whether the right has been exercised conventionally or adversely, and there will be no greater danger than at present of a license or limited grant becoming the foundation of a preset iptive right. But it must not he open to the party denyiag the right to contend that from !rases or ( ther patticular estates it could not have been lawfully granted by the occupier of the soil within the 60 years. It can only be in very rare cases that the owner of the ice, or at least an estate cf inheritance, has no: been in possession during some part of such a period ; and even in that case, he might have put in end to any usurped right by bringing an action on the case fur an injury to his reversion by the exercise of it. Without making ad verse enjoyment daring the new period of limitation conclusive evidence of the right, comparatively little advantage would arise from the reduced limit of legal memory. The disabilities of the parties against whom this pre• scription is to run must likewise be disregarded. But we are of opinion. that with respect both to pro fits and easements a shorter period, viz. twenty years, should also be established as affording presumptive evi deuce of right, liable to be rebutted by proof, that during that time the servient tenement was occupied under a lease, or was held by a tenant for life. or by a person under disabibty. The effect of the 20 years enjoy ment should not, we think, be defeated by the esistence of an estate tail. At present the exercise of a right of common or the use of a way or of a Ater, or any easement for 20 years, constitutes a prima faeic case to establish the right ; and the rule may be continued with , ut in. convenience. But we think the necessity of alleging the grant of an easement in pleading might in all cases be dispensed with. The light to an easement, generally speaking. is in truth acquired, net by any deed, but by the acquiescence fur astern period of a party competent to interrupt the exercise of the right ; and this is now in substance considered equivalent to a grant though no grant be executed. In a declaration for disturbance of an easement it is enough to state, that the plaintiff is pos sessed of the tenement, and that the right is appurtenant to it. When an action is brought for any thing done in the ezeici , e of the right, there seems no sufficient reason why the right must be traced to its origin, or why it should not be permitted in the plea as well as in the declaration to allege the defendant's possession of the tenement, and that by reason thereof he is entitled to the right as appurtenant. The, party should not be put ender greater difficulties, if he be in possession, and an action is brought against him for exercising the right, than if he be out of possession, and he brings an action for the obstruction. The evidence is the same in both instances, and we think the party who claims the right, whether plaintiff or defendant. should be allowed simply to allege. that he is entitled to it as belonging to the tenement in respect of which it is claimed, and to establish it presumptively by proving an adverse en joyment of twenty years, and conclusively by an adverse enjoyment of sixty years. Prescribing in a que estate, 'that is in right of the owner of the fee, and ttiose whose estate he has, and tracing title to the possession of the dominant tenement from thesowner of the lee , would thus be dispensed with, and records in actions of tres pass to try these rights. materially shortened and sim plified. Where there is an actual grant, it may, be ren dered available as now in pleading and in proof. While on this subject we may suggest the propriety of enacting, that where a right to brad, or any interest in it, is in dispute, it shall in no case be necessary to plead the Statute of Limitation. either affirmatively or negatively ; and that upon proof of The facti.. the title shall, to all purposes, be considereaas rightfully and • . . 1). 1 12 .. i4 • 1 ! • , PRICE SEVENPENCE. Dory were formerly fluctuating. They were eto depend upon the period. for bringing a Rht, which till 32 Wray 8. was not any cer- d before the commencement of the suit. but CRIED. J. A. Wallace Agnew, of WI %ham Rodger, Esq. lED. rd his yacht. In Ptyalin**, Chariti ria. Hi. title and estates have asiP he Hon. Denis Arthur Biagio* a Hamilton, wife of Mt. Arch'NM Susan, youngest daughter of do seer of Dumbarton. ikon, of Bard**. n 4 1.0 0 19 I L D 1 thy square. in her Seth year, till a Hampden, widow 4 J ''• lad IN-BEIDOK TO satotio vi, . • . mammon , • 5 d by * Cell ' Ma : 4 4 8 9110 latlikal444ft: 1511,