Star. — London, England, 1829-06-25 00:00:00

the Report made by the Commissioners of Inquiry into the Slave Trade at the blauridas.—To be printed. Mr. 0. CAVE, is resealing a Petition from certain inhabitant , rate-payers of the borough of Leicester, complaining of the juris diction at present possessed by the Mayor and Magistrates ever the police of the place, and praying that those individuals be restrained from fulfilling a contract entered into for the erection of a new Gaol and House of Correction', took occasion to complain that no satisfactory explanation had been given as to arty one part of oar forelga policy—ever+, thing was delayed tiU next Session with respect to our domestic policy. be objected that nothing bad been done to relieve the distress of oar manufactariag and commercial interests, which, unlike the Chancellor of the Nacbesiser, he could. not leek upon merely as a passing cloud. Colonel SI BTHORP asked the Chancellor of the Exchequer whether it was his intention to afford any relief ant Session with respect to the duty on inhabited houses? The CHANCELLOR of the EXCHEQUER could mot give' a prospective answer with reference to the time when there might be an opportunity stated that be had not the least idea of making any reduction ai present. At ten minutes past two o'clock, the Deputy Usher of the Black Rod appeared at the table, and summoned the House to attend in the House of Lords, for the purpose of witnessing the prorogation of radioman, and barb's the lEing's Speech upon that occasion. The &Lazio. attended by most of the Members !Resent, imme diately proceeded to the House of Lords. On his return at half-past two o'clock, Mr. Smits called the Members then in the House (about ISO in number) round the table, and read to them a copy of the Royal Speech, a verbatim copy of which appeared in the Seas of that evening. The Members. among whom were Mr. Put, Mr. Govuons, and Sir Grouse MIIIIRAT, then separated. PARLIAMENTARY PAPER. REPORT OF THR COMMISSIONERS ON THE LAW OF REAL PROPERTY. (Coadased frees our Paper of yesterday.) A married woman, on levying a fine, mu.t be sepa rately examined either in Court or by Commissioner 5, or before the Chief Justice out of Court ; and in suffering a recovery. she must be separately examined either in Court or by Commissioners. When the lands are in different counties, there must he a distinct fine or recovery for each county, because every real action must be brought in the county in which the land lies. Formerly it was the practice in regard to fines, when lands were situated in snore than one county, to have as many writs of covenant as there were counties. and to unite all the subsequent proceed• ings. and to allow the parties to levy but one fine; but in consequence of a recent regulation, it is now neces. sary to have distinct proceedings and a distinct fine for each county. the effect of which is to increase the ex• penses without any apparent reason. Distinct owners of sep .rate lands in the same county are allowed to join in one fine, provided all the lands together are stated by affidavit to be under the value of 2004 The benefit to be derived from this indulgence is very li mited, on account of the smallness of the value fixed. Foes an i recoveries are levied and suffered in the Courts of Great Session in Wales, in the Courts of the Counties Palatine, and in inferior jurisdictions—such as Corms of ancient demesne, and Customary and other Courts; and the rules in those Courts nearly resemble those in the Court of Common Pleas. However, fines with proclamations cannot he levied in inferior juris dictions, so that as to lands within those jurisdictions, a till• by nonclaim cannot be acquired, and estates tail can he barred by recovery only, and in a recovery of a copy hold the tenant to the plaint, who corresponds with the tenant to the priecipe in a recovery of freehold, most be made by the person having that estate in copy. bold, which is analogous to the first estate of freehold. A fine mar be levied at any time, and if acknow. leiged in the Court of Common Pleas in Vacation, and gr'unded on a writ of covenant returnable in the pre. ceding term, it will have relation back to the day on which the writ is returnable ; therefore a fine levied as of a preceding term is sufficient . to make a tenant to the prrcit•e in a recovery suffered within that term. But in order to mike a fine bir by noncla•m. where the freehold is acquired by a fenffment, livery of seisin must be made before the day on which the writ of covenant is returnable. so that if the feoffinent be made in vaca tion,. the fine must he levied in or as of a subsequent term ; for it the tine were levied as of the preceding term, it would, by the doct , Me of relatioa, be supposed to have been levied prior to the feoffment, and conse quently would be inoperative as a bar by nonclaim, on the ground that « peals finis nihil halnterunt tempore finis lama ;" other mischiefs may arise from this doe- tree. Recoveries in the Court of Common Pleas at West minster can only be suffered in term time ; and in the Coat is of the Great Sessions in Wales. and in the Courts of the Counties Palatine and other jurisdictions, at the times when the Courts are held. - All these Courts are held at fixed periods, escept Courts of Ancient De mesne and Customary Courts, which may be held at any time. Great inconveniences are experienced by parties in consequence of their not being able to suffer recoveries when circumstances render the measure ex pedient. Estates tail created by the Crown as rewards for public services are, by the 34 and 35 Hen. VIII. c. 20, prevented from being barred either by fine or recovery, while the reversion remains in the Crown, and there are ' some cases in which estates are entailed by particular Acts i f Parliament, and the entails cannot be barred. By the 14 Eliz. c. 8. a recovery suffered by a tenant in tail after possibility of issue extinct, or by a tenant by the curtest', or by any other tenant tor life, without the • assent of a remainder mat. or the reversioner, is void: A woman having an estate in dower, or for her life, or in tail jointly with her husband, or only to herself or to her use. in any lands of the inheritance or purchase of her hu band, or given to her husband and her, in tail or for life by any of the ancestors of the husband, is prohibited by the 11 Hen. VI I. c. 20. from discontinu ing or suffeling a recovery after the death of her has. band, unless with the assent recorded or inrolled of the heirs next inheritable to her, or of him or them that neat after her death should have an estate of inheritance a the same lands. This statute as to fines is coil, med by the 32 Hen. VIII. e. 96. s. 2. The statute 11 Hen. VII. c. 20, has been held not to extend to copyholds ; many questions have arisen upon it. As it has nearly become obsolete, and as there does not appear twos to be any solid reason why an estate tail given to a woman by her husband, or any of his macaws, should be put on a different looting from other estates to I. we submit that it will be expedient to discontinue the present re st. lint. Courts of Justice attach so much importance to the records of their proceedings, that they will not allow any averment or evidence to contradict them. Although this principle may be perfectly correct in real adversary suns, yet its application to fines and recoveries. which are now regardeJ by the Courts as common assurances. has, as wt shall ptoceed to show, produced a strange anomaly, by renderinie them conclusive so far as re spects the capacity of partie►, where other common as surances would ant be so. If an infant levy a fine, or in perbon'sufferO snowy, :nth fme or recove'y conclusive bn all persons; unless avoided during his sniatnity upon inspection of bis person by the Judges, or unless bis minority be found by the inspection of his par.es by the 'bilges and re‘orded before he attains twenty-one. if an infant sulk/ a recovery by attorney it may be avoided, either skiing his minority or after he comes of age, because the appointment of an attor ney by an infant is void, and that fact may be tried by a Jury. Ha lunatic levy a fine, or in person suffer a recovery, such fine or recovery is of 'itself considered conclusive evidence of his capacity, and therefore can not be avoided. It a lunatic suffer a recovery by an at torney, the recovery may be avoided for the same rea son as stated with regard to an infant. In every case, in which an infant or lunatic levies a fine, or in person suffers a recovery. the fine or recovery is prima facie evidence of his capacity by deed to declare the uses of it ; because it is held, that the fine or recovery is the principal, and the deed the accessary, and the fine or recovery is conclusive as to the lunatic; and also as to the infant, in case he should not avail himself of the time given him for avoiding it. If a recovery should be suffered, either in person or by attorney, by an in fant or lunatic tenant in tail in possession, who should make the tenant to the recipe by any other deed than a feoffment with livery of seisin in person, in that case the deed, being the principal, would, if .the fact of the infancy or lunacy of the party were found by a Jury, be void, and the recovery. being the accessary. would be set aside, on the ground of there being no tenant to the pracipe. So that the recovery, although it could not be directly questioned, might be indirectly avoided by invalidating the deed for making the tenant to the piacipe. But if the tenant to the pracipe were made by a fine and a deed, declaring the use to the tenant, or by a teoffment with livery of seisin in person. the re covery could not be set aside for want of a good tenant to the p,*cipe, although the fine in case of the infant, or the teoffment in the case of the infant or lunatic should be avoided. It a recovery should be suffered byan infant by Attorney, and not in person, and the tenant to the !Recipe should be made by tine, such fine might be conclusive on all perms, as well parties and ptivres as strangers, though the recovery might be avoided, so that one re cord,may stand, good while the other is avoided, in consequence of the incapacity of the party. If a re covery should be suffered by a lunatic in person. evi dence would not be admitted to show his incapacity. But if he should make the tenant to the pracipe by deed alone, and not by fine and deed, declaring the use to the tenant, evidence would be admitted to show his incapacity to execute the deed, though it may have been executed on the same day on which he appeared in Court, so that he would be considered as having on one and the same day sufficient sense to suffer a recovery but not to execute a deed. The Court may be imposed , upon, and instances of such imposition are to be found in our Law Reports, and occasionally occur in practice; and there is no redress, unless equity can interfere on the ground of fraud. it a tenant in tail claiming the immediate remainder or reversion in fee, bars his estate tail by means of a fine instead of a recovery, he frequently prejudices his title by merging in the remainder or reversion the base fee acquired by the fine, as he thereby not only lets in all the charges and estates made and created by the persons through whom be derived the remainder or reversion, but also renders it necessary afterwards to make out his title to the remainder or reversion, which, in many instances, is attended with great difficulty and expense. These mischiefs are, in the case of a tenant in tail in possession, produced by unskilful practitioners from want of due attention to the different effects of a fine and recovery, the recovery expanding the estate tail and converting it into a fee simple. Titles to lands of the tenure of ancient demense are frequently involved in considerable difficulties in con sequence of fines or recoveries having by mistake been levied or suffered in the Court of Common Pleas. A fine or recovery of lands of this tenure, ought to be levied or suffered in the Court of the Manor an which the lands are held. As, however, the lands ate within the jurisdiction of the Courts at Westminster, a fine or recovery in the Court tof Common Pleas is not void, but only voidable. The consequence of this is, that the lands become frank fee till the Lord by means of a writ of disceit reverses the fine or recovery; after the rever sal, the lands are restored to the ancient tenure, and the fine and recovery is rendered void, not only as to the Lord. but also as to the pantie., and all persons claim ing under them. Till the reversal, the parties are ab solutely bound by the fine or recovery, and there is no method by which the Lord can be compelled to bring his writ of disceit, and, according to the prevailing opinion, there is no limit to his right to bring it; and the parties themselves, however so disposed, cannot rectify the error. Although a release from the patties would be effectual to extinguish their rights, yet, ac cording to the better opinion, no subsequent fine or re. covery can be levied or suffered in the Lord's Court, nor can the tenant clam any protection from the Lord, or any right depending on the tenure, till the reversal of the fine or recovery in the Court of Common Pleas, nor can the tenant have any effectual dealing with the lands as frank fee, till the Lord has released his seignory Therefore, till the reversal of the fine or recovery, or the release of the seigni ry, the title is wimarketable. —The principles of justice require that a fine or rm• very in the Court of Common Pleas of lands in ancient demesne should, when reversed by the Lord, still re• main good against all persons except him. Another' mischief arising from the conversion into frank fee of lands of the tenure of ancient - demesne, by levying a fine or suffering a recovery in the superior Court is, that the owner, nut being aware of the effect produced by such fine or recovery, afterwards, and before the same is reversed, levies a fine or suffers a recovery in the Lord's Court, which, according to the better opi. Mon, is void oil the ground of its having been coram non judice. Fine. and recoveries are not unfrequently levied and suffered in the tuperior Court, not from any wish to defraud the Lord of his tenure, but from the circumstance of the legal advisers of parties not know ing that the lands are of the tenure of ancient demesne, for it often happens that previously to a fine or recovery the title of the lands is nut investigated, or there may be nothing appearing on the ab,tract to show that the lands were of that tenure. The law is this case is, therefore, harsh and inconvenient. A fide or recovery levied or suffered in the Court of Common Pleas of land. in Wales, or in a county palatine, is absolutely void, and therefore works no mischief. This principle may be a good one as to the lands in those jurisdictions, because the boundaries are well known and defined. But for the reason above given, it could not be made to apply to lands held in ancient demesne. Furs and recoveries are levied And suffered to equi table estates, and have, with few exceptions, the same operation as they would have had if the estates had been legal ; but neither a fine nor a recovery of an equitable estate will produce a forfeiture of a particular interest, or destroy contingent interests, except in the instance of a recovery suffered by an equitable tenant in tail, which will bar the entail, and all interests to take effect on the determination , or in derogation thereof. Fines and recoveries of equitable estates must be levied and suffered in the same Courts, and with the same formalities, as those of legal estates. But there is some difference betWieen legal and equitable recoveries, so far as regards the tenant to the prwcipe. As, for instance, in a legal recovery, the person to make the tenant to the prercipe must be seised is pos-ession, either in fact or in law. of the immediate estate of freehold ; but iu an equitable recovery. it is sufficient if the person who is to make the tenant to the pireipe be entitleJ to in immediate equitable estate of freehold, although he may not be in the actual possession. or in the receipt or enjoy ineut of the rents and profits; and according to a recent decision, a tenant in tail of an equitable estate, after making a conveyance by way of mortgage. or upon such trusts as leave the ultimate benefic...il ownership in himself, can make a good tenant to the pisecipe, without the concurr e nc e of the mortgagee or trustee. In making the tenant to the recipe fur an equitable recovery. the expedients before referred to for preventing forfeiture. or the destruction of contingent remainder, are not necessary. Money directed to be laid out in the purchase of land is considered by a Court of Equity as converted into real estate. Formerly, a person who would have been entitled to the land, if purchased, as tenant in tail, was enabled by a Court of Equity to receive the money it he could have acquired the fee by a fine, but not if a recovery would have been requisite, in which case it was necessary to purchase land in order to suffer a re covery. This inconvenience has been removed by tao successive Acts of the Legislature, the latter of which, 7 Geo. IV, c. 45, repealing the former, 39 and 40 Geo. 111. c. 56, has provided relief by a summary proceeding in the Court of Chancery for the several cases in which parties entitled to motley so circumstanced could. by line or recovery, have acquired dominion over the land, if purcha ed. Thus have we endeavoured to give a general outline of the system of fines and recovedes, and to show their inaptitude to the purposes to which they have been ap plied, and the shifts and contrivances to which inge nuity has been obliged to resort. in order is render them subservient to those purposes; and from this outline is will appear, th it the principal objections to which they are open may be comprised under the following heads : 1. TM pining of a title by nonelaim by means of a fine, as noticed In that part of our Report whicla relates to the Statutes of Limitation 2. The rule that a int divests estates and extinguishes rights, powers, lee. in eases not intended by the parties. S. The fiction that a fine levied in vacation. as of the preceding term, takes effect from that term, so as to vest an estate in the party, by way of relation, before the cvmmemement of the process. 4. The rule that In a recovery the tenant to the " pracipe" should have the freehold. - _ _ 5. The forfeiture of particular estates. 6. The numerous forms and proceedings with which ones and recoveries are incumbered. and the delays and expenses (including the fines payable at the Alienation Wise) which such forms and proceedings occasion, and the liability of fines and ries to be avoided in case any of the parties should die while the proceedings are pendia/. or in case mistakes should be made in the process 7. The inconvenience and additional expense occasioned to par ties, where they are under the necessity of levying more dun one 60e. or suffering more than one recovery, in consequence of their having lands in mere than one county. B. The principle that fines and recoveries levied and starred by Infants or lunatics should be valid, because they are judicial proceed ings, though purely fictitious • and that at the same time deed s executed by the same persons s hould be void. 9. The distinction between the effect of a fine levied by a tenant in tail in possession, and of a recovery suffered by the same tenant in tail. 10. The not giving effect as between the parties, to Ines and re coveries in the Coen of Common Pleas. of lands held in ancient demesne, though reversed by the lord. (To be continued.) THE EVENING STAR. LON 1)0N. THURSDAY. JUNE 25, 1819 .. PRICK 01 STOCKS AT TWO O'CLOCK. Bank Stock 2111 12 India Stock Shut • • S per Cent. Red. 676 I India Bonds n 3 per a. Cons. Shut Old Annuities 871 36 per Cent. 11119, 961 £lOOO Rieke+ pith 67 I 31 per Cent. Red. 961 i £.530 Ditto 67 6 4 per Ct. New, Shut two and ism Ditto 67 6 *per Cent. 1626, 104 31 Commercial 66 Script India for Acct. Lout Ann.llll 7.16 Coosa. for Acct 1161 1 FORBION FUNDS. TWO O'CLOCK. • Brasillanßds.3 pet. Do. Acct. 211 Do. Acit. 371 61 Portug. Bds. Sp C. 49 Buenos Ayres Illis.6p C. 23 Do. Ace. 461 11 De Amt. 14 Si Spanish Bd. 3 p Ct. 96 1 1 Mez.8da,1225.6p Ct. 211 Do. 310, 91 BRITISH AND FUKKION SHARKS, TWO ircuock. MI 42. 4,4 M. 100 100 Angie Mecitan Ditto ilobotriptioa licasiitos United Meskaa 35 20 40 3Ve 9b 94 131 14 Having been enabled to give a full and correct copy of the gracious Speech of his MAJESTY on proroguing Parliament in the whole of our impression yesterday, it is this day unnecessary for us to recur to it further than to renew our congratulations on the peaceful tone of that valuable document. We look upon the an. nouncement of his MAJESTY'S wishes and endeavours with respect to the settlement t f the differences in the East of Europe. the pacification of Greece, and the im provement of Portugal. as a sati.factot y answer to those carpels who complain that we are in a state of ignorance as to any part of our foreign politics; and we cordially, though half doubting as to the effect, join in the hope, " that the important measures which have been adopted by Parliament in the course of the present Session. may tend, under the blessing of DIVINE PEOVIDENCE, to establish the tranquillity and improve the conditi..n of Ireland ; and that by strengthening the binds of union between the several parts of this great Empire, they may consolidate and augment its power, and promote .the happiness of his people." From Ireland we learn that it is the determinaticin of the Roman Catholic patty to keep the country in a state of ferment. At a meeting held at the Corn Exchange on the gOth instant, Mr. O'Connux delivered an ora tion, the burden of which was, that he must " call upon some of those friends around him to proceed to the county of Clare forthwith, with a view of keeping alive the flame ofenthnsiasm which at present enveloped the whole country." He added, that " ten Agitators. dis tributing themselves in different places, would not only sustain the spirit of the people, but organise their ef forts." With all this mischievous nonsense, Mr. O'Counsu. mixes up the most illiberal, uncalled. for abuse on the LORD LILUTRNANT, whom he Calls an nonentity. 44 Of his GRAM'. Ireland knew no more, and felt no more. than of that personage men. cloned in story, King Loo." Such are the means which Mr. O . CONNRLL sees fit to adopt for the antelforation of his country. if he accomplishes it in this way, he will at least have the merit of being the founder of a new system of improvement. Of his re-election foe I Clare he entertains not a doubt. He believes that no one sin Jane to. oppose him; and calculating au the support of foufhtutdrei ten• pond freeholders, he bids. defiance to the other constituency of the county. The news from Lisbon is of the most melancholy de scription. Arrests continue. and are likely to ►e nun s numerous than before. The Special Judicial Commission. appointed at Lisbon to decide on political crimes, h a d been summoned to proceed to the Palace of Cluelurun, I the 10th inst. in order to deliberate before Don Mom and his mother, on numerous prisoners from the AI. garves, and there is but little hope for them. Pour persons, who were found rejoicing in the anticipation of good news from England, were about to be banged before the prison of Liaroeiro when the last accounts. came away ; and their beads ordered to be spiked them for an example to all the other prisoners. Others ate to. be shot for the same reason. Preparations were wing: on for an cape lition to Terceira, of a strength cient to effect Don Mouses purpose; and we shall s'iortly hear of his ships returning, freighted with mote victims. The unfortunate prisoners from Madeira , were still in uncertainty about their fate, but it is nor likely that they will long remain thus. To add to the miseries of Ibis dreadful state of things, trade continued in so bad a condition as to afford not the tent chance of a profitable employment of capital. Seeing that this is the wretched condition of Portugal, hoer anxiously is• it to be desired that a speedy realization of the inten tions of our Government, as announced in his MA. MUSTY% Speech of yesterday. may take place. We have• here to renew his MAJIESTY'S most gracious promise— " He repeated his determination to use every effort tb• reconcile conflicting interests, and to remove the evils which press so heavily upon a country, the prosperity of which must ever be an object of his MAJElrrell solicitude." The British Consul at New Orleans, in advice, dated the 29:h April, writes as follows: The Henry Grattan,. D ivid Cannan, Europa, and M arshal 111IscD .nsh, British vessels, and the John Hales, an American, a't• under seizure here by the Customs—three of them for importing beer and spirits in casks smaller than the laws permit, one for an importation of quicksilver, and the E iropa for bringing few hides from Vera Cruz. Our readers may rely on the facts set forth in the following extract of a private letter from the Agent to I,loy ;. at Smyrna, dated the 19th of Map : " There are reports in circulation. resting oo the authority of some masters of vessels, that the Russian Admiral at the Dardanelles• bad verbally informed them of his intentions to establish a general blockade of that passage; but so inquiry we And that At Ind glens ne notice of the Mad to the Dutch Consul The latter has received Intimation from him of the blockade against the convey ance of provisions being eineoded to all the coast, from the Gulf of Contessa to Cape Baba, and some vessels have been actually turned off from the entrance of the port of Roos and the Guff of Adramin." We have at the same time. and from the same ,se spectable source, the following notice from Constanti• nople. dated May 25: " Our Ant, consisting of fire two, and one three decker, two frigates, and several corvettes sod brigs, put to sea on the MA. haunt.* At a late hour this afternoon we were favoured with t sight of letters from Constantinople, by which it ap pears that the - capital was abundantly supplied with provisions, and that perfect tranquillity prevailed Great hopes were entertained by those around the person' of the GRAND Vtztaa, that peace with Russia would won be brought about. In the meantime these letters speak confidently of a series of battles in the environs. of Varna, the Turks having penetrated to the walls of that place. And they further affirm that the loss of the Russians at Pravadi was immense. that place having teen taken and retaken several times, and lies at present in a heap of rains. From Bucharest, of date 2J June, we find that the Pada of Sit.twratu was said to have made a vigorous sally from the fostrese, and to have destroyed several of the works thrownDp by the Russians; till, after a sail gninary action, he was chives back into the fortress. Eight hundred wounded have been brought over the Malaise to Caulesti. General MALINOISILY is skid w ise among the slain (who distinguished himself at the taking c•f Sournul), and a General of Artillery. Kur► snug Actium) PAOLI is said to have been continually at the head of his troops during the sally, and to have encouraged them by his impetuous courage. The loss of the Turks is admitted to have been very great onthis occasion. Persons acquainted with the Raba of SI LIISTRIA agree that he is justly consideted as one of the most inveterate enemies to the Christians, and especially to the Russians, in all the East. This hatred is the grouncrof his cruelty to the wounded and prisoners. By the Flanders Mail this day, we have German Papers containing home further speculations on the affair at Paravadi, and the operation's before the Num& of &Saris. A letter from Constantinople of the 26th May, repeats the account of the Capitan PACHA'II err► dition to the Black Sea, and the capture of a frigate. With respect to the affair at Paravadi it is stated, that the object of the Turks was to cat off the communicatioa between 'Varna and Kowarna; and that ALISCH PACIMP with his cavalry, attacked and dispersed a Russian corp. and would doubtless have succeeded in his object teaching Kowarna, had not Gen. ROTH, on the first ne&& of the appearance of the Turks, near Paravadi, detached& strong column of infantry, which arrived jest in tiso to cover the road to Kowarna, and rally the dispels* , troops. Amami retreated unmolested to the Gams Nista, corps. The loss of the Russians in these Elio& is stated here at 5,000 men ; that of the Turks at t'• The Flanders Mail has brought us the follow* notices front Berlin and Brussels: BERLIN, Jura 18. • His Majesty the barter of Raga arrived at Sybillenest 14th. and on the followissiday proceeded on hi Oman te accompanied by his ova Aids-de-Camp sad by Valor owl" rorlits.—Proosiimo ilk* Gil Nibs .Tree lt. The erosion ask Geer& tootahte no otin free the asp