The Sun. — London, England, 1862-02-18 00:00:00

nay.) of Robert istralia in affidavits, -keeper in exact time he will of a in Octo s wife and yen notice letters of at citation lotion. was istrament Bellis, of If the pro d the trial 7, and he I efendants to Sophia b she was he present by setting wesent. rt of Mrs Le petition rce on the )plieation, ;ient delay ions as to I be taken ITION FOR Baths in cation, hut signee was the bank )n for false )een in the :or of the charge of but on an lice-court, s brought moved that ng articles a verdict £ll5, for The other sts of Mr. )r costs in nit did not asked for a —Granted. ;rocer, and )thers and s had not g Day.) GED WITS th Fort, a Le charged !r, said the Aged with ith, being eturn from had lodged ing, when his return his look er watch l the pri t, had told in Union might be He then a relation, ion to the him by the watch and Petticoat money he L sovereign 1 spending Ind enjoy to custody m, but he )licate. t, and was named ,erinz with were veil A. Gordon? 118 class of , a ship's arged with the Effing" th a female id said she so, and ho • She ran dr her close )ok her het I, and while r screams er husband ' 1-used her im a fort' , magistrate statenaoll onsiderabl n home frosty d his how ° rife leading iplicates of o give hill' No he had , although ith of nest that time' 3a to lead 3 ages of he; Len ill-used aploymentt .nd's cota- enter into is his wife miths. tst before mday), vrt ly paper 0 1 overed are th her hue" on on the of insenel' ckness and d ring an d There they isbury 0130 sness from uggageO and other they were covered, e where she Rome othe r ie myoteri "SHIELDg to corolla ;h Shields, yen twelve exhibition. the Eng" on Friday what h o rope ab out sheers °r ftls ° I gathered, earn , verl s off; a na , e cu t tbo I the wire sheer !ego ,yth upon Lother bOl Le greateSt s. stop to; :en disco• CE. .IC.VVJJ 3.IARKET AND CITY NEWS. CITY, Two o'CLocx. The dealings in the Foreign and Colonial Pro duce Markets during the past few days have not been very extensive. For sugars there has been a steady enquiry, chiefly for home requirements, at about previous rates. Coffee has fully maintained former prices, but in tea, fruit, and spices no change of importance can be reported in values. Saltpetre has been in steady demand ; while tallow has been dealt in to a moderate extent, chiefly, however, for forward delivery at slightly reduced quotations. The public sales of Colonial wool, being the first series for the presentyear, are fixed to commence on the 27th inst., and the quantity already arrived amounts to about 31,500 bales, chiefly from the Cape of Good Hope. In the Liverpool cotton market yesterday there was an active demand, and the sales reached 15,000 bales, 7,000 of which were for exportation and spe culation ; prices further slightly tended upwards. The traffic receipts on the Great Western Rail way of Canada for the weEk ending the 31st ult. were £2,462 larger than in the corresponding period last year, On the South-Eastern Railway the receipts during the past week amounted to £14,949 against £15,448 in the like period of 1861, showing a de crease of £498. A further sum of £74,000 in foreign gold coin was withdrawn from the Bank yesterday for ex portation. The Europa has arrived from Boston with £1,959 in specie. There is a moderate demand for discount accom modation, and the rates continue very easy. The half-yearly meeting of the Blackwall Rail way Company has just been held, when the report, which stated that the net profits for the six months to the 31st December last, including a balance of £469 1 ls. 2d. brought forward from the previous account, amounted to £32,140 4s. 2d., from which a dividend at the rate of 31 per cent. per annum was r ecommended, was adopted after some discussion. The committee of the Stock Exchange have post poned the consideration of the application made for the insertion of the Mires Turkish loan in the offi cial lists, until further information can be supplied. The English Stock Market continues dull and rather heavy, Consols being 928 93 for money and the 6th prox., being the same as they were at the close of business on the preceding afternoon. Specu lation is still repressed, and the dealings for transfer are too limited to create animation. The New Threes and Reduced remain at 931 ; and Exche quer Bills, March, are firm at 13s. to 16s. prem. ; India 5 per Cent. Stock is 106* ; ditto 51 per Cent. Enfaced Paper, 107;, 2 ditto Debentures, 100 ; and ditto Bonds, 275, prem. Foreign Securities to-day have not varied to any material extent, but in several instances less firm ness has been apparent. Turkish 6 per Cents. are 84 1 4 ; ditto, 1858, 75 751 ; ditto £lOO Bonds have receded to 251 ; Italian 5 per Cents., to 68* ; Im- Perial Moorish Loan Scrip, to 5 1 ; Mexican, to 3 4 I ; but Brazilian 41 per Cents. are firm at 91t 92 ; Equador, at 19 1 ; Portuguese, at 47 ; Russian, at 101! 102; Sardinian, at 801 ; Spanish, at 538 ; ditto Passive, has improved to 19i 201; ditto Cer tificates, to 71 8 ; and French 42 per Cents., to 100 f. The Turkish 6 per Cent. Loan, partially negotiated b y 1 4 • Mires, has been 661 67, but is now 661 1. In the Railway Share Market the dealings to day were moderately active, and a further slight improvement took place in prices. Caledonians, Eastern Counties, Great Northern A Stock, Lanca shire and Yorkshire, North-Western, Manchester, Sheffield, and Lincoln, and Midlands, have ad "Vanced 55.; South-Westerns, 10s.; South Easterns, however, have declined about 10s. In the Foreign and Colonial markets the opera tions have been to an average extent. Great Luxembourg have improved ss. Bahia and San Francisco, San Paulo, Grand Trunk of Canada, Great Western of Canada, East Indian, and Great Indian Peninsula realise previous prices. Joint Stock Bank and Miscellaneous Shares are in moderate demand at steady prices. Bank of Australia have advanced 10s.; London Joint-Stock, 6 5.; Canada Land, £2 ; Berlin Water Works de. clined ss. ; and Crystal Palace Stock, ss. BRITISH FUNDS—ONE O'CLOCK. 3 per Cent. Reduced Annuities ....... 931 / 3 per Cent. Consols Annuities New 3 per Cent. Annuities 93b i Annuities, 30 yrs, expire sth Jan., 1880 — Ditto for 30 yrs, expire sth April, 1885 lsa 9-16 India Stock Ditto 5 per Cent. Ditto Enfaced Paper, 4 per Cent — Ditto 5} per Cent . . lO7l 1 Ditto Debentures, 4 per Cent., Oct., 1863 100 Ditto ditto Aug. 1864 or 66 991 Ditto Bonds £l,OOO Consols for Account, March 6 .. March. I x.e llequer Bills, £l,OOO 2d.... 16 13 Ditto Ditto £5OO Small FOREIGN FUNDS—ONE O'CLOCK. Brazilian 5 per Cent Ditto 41 per Cent, 1858 ...Ditto 41 pe r C en t, 1860 . -;(1 1 -lador New Consolidated Greek, I : u iDe p e t e r t o t a a n l A et Moorish opunt c e nt Scrip 5 peoruvian 41 per Cent rt lignese 3 per Cent., 1853 46 7 :sin tisdisitintaoinaksi countnt.,lB22, £St .. 101/ , Ditto A c s co p m er at Cent — ... 801 *Panish 3 per Cent — Ditto Account Ditto Passive S panish Cert. of Coup. not funded -.1 is Turkish 6 per Cent... — Ditto Account Ditto NeNV Loan Ditto Acco nt . 751 5 Ditto £lOO Bonds Venezuela, 3 per Cent Ditto Account Dividends on the above payable in London. French Rentes, 41 per Cent., Ex. 25f loof. Italian, 5 per Cent., 1861 6Bl 8 TWO O'CLOCK. Consols, Money Account June. Salmon fishing, now become a subject of so much Public interest, commenced last week, and some remark ably fine fish were taken in the Severn and Wye. A salmon 451 b weight was captured in the Severn. It was the largest ever known to be taken in that river, and it was sent as a present to Lord Palmerston, In the river Ure, in the North Riding of Yorkshire, a correspondent calls attention to the ravages among the salmon occasioned by otters.—Derbyshire Courier. NAVAL EXCHANGE.—Captain Oldfield, late com mander of her Majesty's steamer Lyra, had exchanged with Command., Alexander for the command of her Majesty's steamer Ariel.—Cape and _Natal _Sims. TUE REPRESENTATION OF LEICESTER: The nomination- of a member to serve in Parliament in the room of Mr. John Biggs, resigned, took playa yootorday on Imo-- ings erected in front of the Exchange, Leicester. About 20,000 persons were present. Thera was no opposition to Mr. Peter Alfred Taylor, who was declared duly elected. Most of the leading Liberals of the town were present. " In the diplomatic world," says a Paris letter in the Journal du Havre, "it is reported that M. Mon is shortly to marry the only daughter of the Duke de Soto Mayor, which would elevate him to the rank of grandee of the first class ; wives, according to the terms of the Spanish laws, conferring nobility on their husbands. M. Mon is not, it is true, in the prime of youth, but ladies on the other side of the Pyrenees are not accustomed to look at the age of the husband when a high position is con cerned." PEDESTRIANISM -DEERFOOT AND SMITH. A six.raile race between the above men took plate yesterday, but hi consequence of the disrepute these races have now acquired there were very few persons present. At the 18th lap Smith resigned the contest, and the Indian was left to finish the remainder of the distance. THE OMNIBUS ACCIDENT AT W ALWORTH.—The unfortunate driver of the Peckham omnibus who was thrown off his vehicle whilst driving on Sunday night, ex Aired in the hospital. The inquest will be held to- Inerr ow. POPULATION, REVENUE, &C.—Under this title curious little return, one of what may be called the fancy r eturns that occasionally make their appearance, has been presented to Parliament on the motion of Mr. Kinnaird. It I Vlows that i n th e th ree y ear s 1853-60 the amou nt of taxa tionpaid by the th ree ki n gdoms under the head of Customs, 1, Bf- office, and Inland Revenue (omitting income-tax on Public funds and public salaries) was as follows:—Engla nd 4 . 11 149 ,524,475, S cot l an d £22 , 451,980, Ireland X 1 9 ,850,936 ; 1 , £191,827,391. S cot l an d pa id considerably more in (74'1,1 r evenue than I re l an d, an d somewhat more cus toms' es) but in l e tt er - wr i t i ng num b ers co unt, and the postage paid . was greater in Ireland. Then follows a calculation th at,... ouip the r e l at i ve proportions of M.P. ' s to th e mean of ation and revenue for the three years are these : 2_ gland h as 15 representatives too many, Irelan d s i x too ma y, but Scotland 21 toe few. Which was to be proved. SHARE MA.RKET-(THIS DAY.) ORDINARY SHARES AND STOCKS. Sharei Railways. V01.,8ir., and Str. Val Blyth and Tyne Bost,,Sleaf.,and BriltOl and Exeter Caledonian Cork and Baniron Cornwall A gets no div Do A till 6p c. , ) anima Do. B been paid to B. Dublin & Belfast June. Dun.,Perth,&Ab. June East Anglian Eastern Counties Eastern Union, A stock Do Bdo do DoNw A, late .E U3ds East Suffolk Edinburgh & Glasgow Edin., Perth, & Dundee Glasg. and S. Western. GreatNrthr.of Scotland Great Northern Do A stock -- Do B do ,C; 'm t. S. an I W. of Ireland t W a estern Do Str Val gua. stock Irish South Eastern Lancashire & Yorkshire London and Blackwall Lon., Bright.,& S. Coast Lon., Chat., and Dover Lon. & North Western Lon. & South Western L'derry & Coleraine L'derry & Enniskillen Man., Shef., & Lincoln Maryport and Carlisle Dot shares Metropolilan Midlan d Do New Do Birming. & Derby Mid, Gt. W. of Ireland, Do. 4 shares Mid Kent Do Cray Line Newcastle and Carlisle Newry, Warnpt, Itos Norfolk North British N or. Dev.Ra il&Dk.stock Do A stk ; A revs no d till 6 pc. has been pdß Do B stock Nth. Eastern—Berwick Do, G.N.E. purchase ! Do Leeds Do York North London Do new North Staffordshire N. and S. W. Junction Not. Gran. Fl. & Canal Portsmouth Rht moey Scottish Central' Scot. N. E., Aber. stock Do Scot. Mid. stock Shrews. and Welchpool Shropshire Union Sittingbourne & Sheer South Devon S. Durham & Lane. Un South Eastern South Wales S. York. and River Duni Staines,Wok.,andWok. Stockton & Darlington Do Do New, 1860 Taff Vale. • • Do Pref. No. 1 ThamesHaTenDk&Rail Ulster Do Do Vale of Neath Victoria sta. and Pim Waterford AL Kilkenny Waterford Limerick West Cornwall West London Do Ist class Do 2d class W. Hartlepool Har.&R West Midland Oxford Do Newport Do Hereford, 13.14 25 10 st st 50 20 Paith i Closing Business Price. done. 7i 8 64 7 96 07 ma 106; 42 44 14. 11 20 21 56 67 54 56 36 38 92 93 304 31 101 103 118 119 118 119 134 136 104 106 71 71 57 63 107 1071 60 62 120 121 44 46 961 97 101 102 9 11 43k 441 1 133 1?34 14 I,Vp 102 104 68 70 66 d6l 93i 99 * d p 55 b5l 871 SS 99 101 5} 101 11 93 95 125 127 44 46 101 103 46 48 37 39 85 851 68 70 99 51 101 61 38) 36 8 9i si 4p 63 p 144 148 551 561 21 311 d 128 131 47 49 43 46 90 92 10e44 57 61 7 71 i f$ 1071 i 8 601 not i 97 2 61 7i 7 10 441 4 1 l A 3 i I II 6.4.0 19.16.4 12.10 481 7f 431 4 LINES LEASED AT FIXED RENTALS. Paid. Leasing Closing Business Railways. Co. s Price. Done. _ Bedford aadßletchley all Ln.&N.W Birkenhead. Buckingh Trishire.. Chester & 1.1 liyhead lOO Do ... 5 3 55 Do. 5} per cent 100 Do. 125 127 Do. 5 „ 100 Do. Clydesdale Junction 100 Caledon. 101 103 Colchester, Stour Val. 100 E.U.&E.O E. Lincolnsh. gapr c. 100 Gt. Nor th. 136 138 E.Union,Ham;chShs all E,Counts. 4 44 Do. Woodbridge.... 100 .. • • • • Gls.Barr.&Neils.Drct. lOO Caledon .. .. Do. new Gloster & Dean Forest all Gt. West. .. .. Hull and Selby all Yk.N. Mid 109 111 Do. halves Do. quarters Lancaster & Carlisle 100 Ln.&N.W 199 204 Lon. and Chat. Ext. B 6 per cent Do. Bromley, 6 per c. all Da ....... .. • • London & Greenwich 100 S. Eastern 62 64 Do. Preferen -o Lon.,Tilb.& S._ - xthend 100 Peto &Co Bl 83 Lowestaft gua. t p c.. 100 Norfolk Do e per cent lOO Do. •Mnc.,Bxtn.,&Matlock all LNIV& Al 21 44 3i Mid. Bradford Prefer- , ence stock Newmarkt, BuryEx } 5. 5. 6. E Counts. D i gua. 5 per cent... p p Nortlin.&Eastn. sp. c. all Do. Do. 6 per cent. .... all Do. Do. Fixed sp. c.... all Do. N. Eastn—Hartlepool 100 N. E. Ber .. .. North Western Preston and Wyre. 1 all kt l ' . l i l 1 44 46 Do. i shares A. all Do. -• • ... .. .. Roystn.flitch.& Shsp. 100 IGt.North. 1531135 Shrewsby & Herefora 100 T Brassey 121 123 Do. Do. .. South Staffordshire Wilts and Somerset lOO Gt. West. 92 94 Wimbledn k Croydon all ILABrgtni 84 94 PREFERENCE SHARES. Share( Railwa s Paid.( Closing Business y. Prices. Done. 25 Blythe and Tyne 10 p.c.l pref. issued at £5 all at Bris.& Exet. 4p.c. at 100 93 95 20 Do. shares at Caledon. qv. shra, No. 2 100 61 Cork & Bandon, 54 p. c. all 20 Cornwall. 5 per all 20 21 61 Dun. Perth, & Aber.Jun. all 6 64 10 Do. Ist Class Pref all st E. Ang - n. Class Asn. c lOO 99 101 at E. Coun. Ex. 5 p.c. No. 1 100 109 111 at Do No. 2 100 109 1 at Do. new 6p.c. at lOO 126 128 at Eastern Union. 4p. c— 100 81 83 at Do. sp. c. guar lOO st Edin.&Glas.s p.c. shares 100 112 114 at Do. 4p. c. guar. S. & o lOO 90 92 at Furness, 5 per cent lOO at Glas.& S.West. gu. 5 p.c lOO et Great Northern, sp. c lOO 119 121 at D 0.5 p.e.Redrn.lop.e.pm lOO 113 115 at Do. 44 p. c. do lOO 106 103 at Do.sp.c.Redmatsp.e.pm 100 109 111 10 Gt. Nh. of Scot. Jstpref. all st Gt. Sn. &W. (Ireland) 4 per cent lOO 98 100 50 Great West. (Berks and Hants Exi) 5 per cent 6 at Do. redeem. 44 p. ct lOO 98 100 at Do. redeem. 4p. et lOO 89 91 st Do. irredeem. 4p. ct lO9 90 92 st Do. sp. C. redeem. pref. 100 102 104 8 ')o. Birm. pref. shares all 94 104 10 Do. Chester 8 p.c. pf. shs all 17 18 10 Do. Chester 5 p.c. pf. shs all 101 11 st Do. Birm. guar. stock ICO 77 79 261 Do. Chester guar. shares all 20 21/ 134 Do. do all 10. 10: 20 Do. do all 15 16 100 Lan. & Carl. 44 p.c. pref SO at Lan. & York. 6 p.c. stock 100 135 137 at Do.Barnel.stZs 23 10dpe 100 st Do. 6p. c. (East Lan.) lOO at Do. 44 p. c. (Blackb. pur. 100 102 104 at L0n.&8,15.r.5p.c.gu. No.i 100 112 114 st Do. 5 per cent. • do. Not 100 112 114 st Do. 6 per cent. ao lOO 135 140 st Do. 5 per cent. do. No. 4 100 112 114 at Do. 7 per cent. pref. atk 100 150 155 at Do. 6 p.c. do(W.E.&C.P.) 100 126 129 st Do. 4 p c.st(div.def.lll'66 100 74 76 st Lon.Chat&Dov. sp.c.pf. 100 95 97 at Lon. &N. W., Cov. Nuneaton, 5 per cent. 100 at Lon. & S.Weat. 7p. cent. at., late 3d shares 100 st Do. lh per cent 2s 6d Do. (Prtsm. perpl. anns.l of 2s 6cl 121 Londondy. & Cole. shs all 124 London y Ennis. 4 shs all 1:3 1 4 at Man. Sh. & Lin. 5 per et. 100 124 126 6 Do. £6 st Do. 34 per cent, ........ 100 61 71 10 I Do. redeem. 6 per cent... 5 rpm 121 Ilm•yport & Carl. 4 pr. o. all • • 124 Do. 44 per cent ........ all • • st Midland Con. 6p. e. stk. 100 at Do.Con.Bris.& Bir. 6 p.c IG9 136 138 at Do. 44 p.c. pref. at. rdem ICO 103 105 at Do. 44 p.c. irredeomable 100 6 Do. 44 per cent . all • • st Do.Leic. andHit.4per et 100 64 96 at Norflk. sp. e. Ex. st. 1846 100 at Do. 54 p. c. Pref. st. 1847 100 • • „ • at D 0.5 Way.ValEx.s LlBl7 100 at Nort British, 5 per cent. 100 111 113 at Do. New ima. 5 pee cent 100 109 111 10 Do. Bor. Un. g. prf. she. 7 14 I:pm 10 Do. do. do. all at Nth.Dvn.llail.&Dck.Co. 100 .. at N-Ea at. Cons. pref. 4 p.c. 100 .. at Do. 44pr. ct. redeemable 100 .. . • at Do. G. N. E. 4p. et. pref. 100 100 102 17 Do. Berwick 4p. c. pref. 3. 13.2 97 09 20 Do. Leeds 6p. c. No. 1 13 1 dis par 124 Do. do. Quarters, 1848.. 9 .. . 25 Do. York, H. &S. Purch. 10 • • • • 20 North Staffordshire.... all 4 dis par 23i 10 RhymneyGuaranteed.. all 22 23 at Scottish North-Eastern 34 p. c. pref. stock.... 100 • • • • at Do.Aberdeen,gua.6p.c 100 .. at Do. 7p. c. pref. stock 100 .. 10s. South Devon, Ann, 10s. all 132 136 10 i Do. Fixed 44 per cent all 10 11 10. 6 . South Eastern(Reading Ann., 1.0.6) at Do. 44 per cent at Do, Fixed 44 per cent 11)0 101 103 at South Wales, gua. 4p. c. 100 .. .• at Do. 44 per cent at Do. do. 1859 lOO .. • • at Do. 5 per cent lOO .. at S. Yorkshire, 4p. e. gua lOO 86 89 20 st Watrfd & Kilkny, 25 Do. sp. c. gua. 13 t 14 p 25 Stock. & Dar. A. sp. c all 28 29 25 Do. B6p. c all 32 34 Do. C6p. c all 31 33 st W. 5 • p . 100 42 45 at Do. Perpet.6 st Inl.-Oxf Ist guastk 100 128 130 Do. 2d do. .1) red 100 123 126 st Do. Newport 5 c f 100 103 105 st Do. pf. 1866 100 1123 126 till 1869 100 1119 122 DOCKS. stock Commercial ... .. .. M .. 100 stock [ Do. 4 per Cent.rretin.l 100 stock 'East and West India 100 123 125 stock kondor •• •• •• lOO 57 59 stock St. Katharine. stock 'Southampton lOO ^ 51 stock 'Victoria ........ 100 98 no 20 3)0 New I 14 p - 100 100 i 100 '16.13A 100 IC9 100 99 d 85 i 41 rim SUN, - LONDON, TUESDAY EVENING, IFEI3II,UARYI 18, 1862. CURIOUS WILL CASE. LNIPERIAL PARLIAMENT. The Civil Tribunal of Belfort (Haut-Rhin) has just been engaged during five days in trying an important cause relating to the validity of a will. A miller, named Menetre, residing at the village of Fentenelle, near Belfort, who had amassed consi derable property during a long industrious life, finding himself, in 1856, unable to manage his busi ness any longer, let his mill and land on lease for 18 years to his assistant, a man named Meyer. Four years after, on the 9th November, 1860, he signed a deed of gift of several meadows to the same Meyer, with whom he lived; and on the 11th of the same month he made a will in which he be queathed the usufruct of all his property to Meyer. Menetre's family becoming aware of what he had done, they took legal measures to prove that 'the old man was weak in mind, and incapable of managing his affairs, but before the cause was de cided Menetre died, at the age of 77. The day after his decease, the members of his family ordered a post mortem examination of his body to be made by three medical men of Belfort, who found that the brain presented several lesions, that the veins of the pia -meter were congested, and there was a considerable serous effusion, and that the cerebral pulp was softened ; from the ap pearances they concluded that the intellectual faculties of the deceased must necessarily have been impaired for some time previously to his death. Menetre's sister and his other relatives, in consequence, applied to the Tribunal to have the will cancelled. A further inquiry was ordered, and above 80 witnesses were examined, among whom were three medical men, who had attended the deceased during the last years of his life, and they deposed that they had never perceived any symptoms of weakness of mind ; but the evidence of the other witnesses proved that the old man was so completely under the influence of Meyer and his wife, that he was not a free agent, and that Meyer prevented all the old man's family from having any communication with him. Menetre's relatives also submitted the case to the judgment of several eminent physicians of Paris—Dr. Baillarder, of the Academy of Medicine ; Dr. Parchappe, Inspector of Lunatic Asylums ; and Dr. Leger, of the Bicetre. These gentlemen declared that the state of the brain was incompatible with perfect sanity, and that his facul ties had been, in all probability, impaired for some years before his death. In opposition to this, Meyer put in evidence the opinions of Doctors Trousseau, Grisolle, Falret, I Cm, and Lasegue, who denied the possibility of deciding as to the sanity or insanity of the deceased from the state of the brain described in the account of the post mor tem examination. Leaving the m e di ca l ev id ence entirely out of the question, the Tribunal in its judgment, declared that the fact was fully estab lished of the deceased having been so completely under the influence of Meyer that he was no longer a free agent; it consequently pronounced the will invalid, and at the same time annulled all the other deeds signed by Menetre in favour of Meyer, who was also condemned to pay all costs of the suit. HOUSE OF LORDS—YESTERDAY. The LORD CHANCELLOR took his seat on the woolsack at five o'clock. 'T.IIE EDUCATION MINUTE. The Earl of DERBY presented several petitions against the new education minute, The noble earl said, seeing the noble earl, the President of the Council, in his place, ho wished to ask a question, or rather offer a suggestion, with respect tc the course that was proposed to be taken with respect to thaiscussion on the new education minute. When the new minute was first made public great ( apprehension and dislike was evinced. Subsequently her Majesty's Government made some alterations, and 'us far as they went they were in the right direction, but there still remain many other points which would require the most serious consideration. There was, for instance, the new state and altered condition of pupil teachers; the examination of pupils in elementary schools, and that relat ing to the remuneration to be paid under the new code, which was at variance with the report of the Royal Commission, upon which the code was formed. If the measure was:only an experimental one, and to come under consideration year after year, he might feel disposed to allow the measure to be tried as an experiment, but he looked upon it as a permanent system, and therefore it was desirable that it should be considered most attentively by this and the other House of Parliauent in all its details. Instead of the course intended to be pursued, the subject could lse best dealt with if the whole of the provisions were embodied in a series of resolutions, when the whole details could be most amply discussed in the same manner as that of an ordinary bill, clause by clause. If this course was not adopted resolutions could still be moved con demnatory of some provisions of the measure, if it was thought advisable to adopt that course. What he wished to ask was, whether the Government would have any ob jection to the embodying the main proposals in a series of resolutions which would enable Parliament to thoroughly discuss each part of the scheme. Earl GRANVILLE said he had to thank the noble earl for the candid manner in which he had spoken on the sub ject the other evening, when the revised code was under discussion. He must say, however, that with respeet to the present suggestion of the noble earl, he did not see any reason for a departure from the usual course of pro ceeding as regarded the discussion of the new educational minute. He begged to assure the noble earl that there was no desire on the part of the Government to abridge discussion, neither war there any wish on the part of th• Government to avail itself of any technicality. He re gretted he could not assent to the course proposed by the noble earl. THIS DAY'S MARKETS. HAY MARKETS. SMITHFIELD.—Meadow hay, £2 to £4 158 ; clover, £3 10s to £5 10s ; and straw, £1 8s to £1 16s Od per load. Trade Ball. - ' --- CUMBERLAND..—MeOIOW hay, £2 Os to £4 15s; clover do., £3 lOs to £5 10s; and straw, £1 8s to £1 168 per load. A slow demand. WHITECRAPEL.—Meadow hay, £2 Os to £4 15s; clover, £3 10s to Lb lOs ; and straw. £1 8s to fl 16s per load. Both hay and straw sold heavily, at our quotations. BRITISH POSSESSIONS. Closing Price. Paid. all 100 all all all all a 67 991 100/ 5i 52d 7} 8 5 5} ;p 99i 100} 1011 1021 99 101 102 104 102 103 1031 104} -- 25 26 71 73 60 63 39 41 40 45 37 40 37 40 100} 1011 id ip 99i 1006 12: 12: 8 7f 98 102 93 95 994 1001 92 94 90 52 5 7 4 6 101 i 104 i i (5 98 Railways. A.tlartic & S Lawrence Born., Baroda&.Cent Ind Gu. 5 per cent.. Buffalo and Li •ie Hui Do. New ..... Do. Preference.. ) Cape,Eastn.Prov. (Lim.) Cape Town & Dock Sail, Demerara.. Eastn. Bengal gu. 5 p. c East Indian, au. 5 p. c. Do. 4i p c. Debentrs. Do. 5 p. c. Deb., 1864 Do. 1865-1870 Do. 1866-1871 . Do. do. G Ext..... Grand Trunk of Canada Do. 6 per cent. Pref.. Do. 2d Pref. 6 ner ct.. Do. 6 per ct. Debentr. Do. 7 per cent. 1862 .. Do. do. 1867.. Do. do. 1872.. Gt.lndiaPenin.gua.sp.e. Do. New gua. 5 p. 0... Gt. South.of India (Lim _ _ - ....... guaranteed 5 per s eent. Gt. W. of Canada Shareel Do. New Do. 6 p.c. '73 witlet opt Do. 5i p. c. do. '77 do Madras guar., 5 p. c.r;•• Do. 44 p. o. Extension D 0.16 do.-- • • Melb.Corp. 6 p. o. Bnds. Newßrunswick zt Caudal Ry. &Lan d(Lim. )g. Class A Capital Share Do. do. Land do.. •• • • • • Do. do. B Capital d 0... Do. do. Land do. .. •• • • Scinde Do. Punjaub V ? Do. Do. •• Do. Indus. St. Flo. 5,„9., Trinidad (Lim.) Scrip.. FOREIGN Business done COLONIAL. TEL.—There has been very little business transacted, and prices have remained without material alteration. SUGAR.—The market has been rather dull, but good and fine grocery descriptions have realized previous quota. tions. COFFEE.—OnIy limited dealings have been entered into in colonial descriptions, but late prices have, in most in stances, been well sustained. RICE.—For the better descriptions of East India there has been a fair inquiry, and late prices are well supported. SALTPETRE.—Business has been moderately active, but the operations entered into have led to no material alteration in prices. TALLOW.—The market has continued dull, and prices for forward delivery have shown symptom s o f d epress i on . i P.Y.C. on the spot s quoted 46s 3d, and last three months' delivery 47s 9d to 48s per cwt. COAL N trrioes of Coal per Ton.sr t the close of the market s. d. Walker Primrose 12 0 Lambert's West Hart- s. d West Wylam 14 0 Carway and Duthyn Malting Do. Anthracite 21 6 ley _ 14 0 Davison's West Hart- ley 14 6 Byass's Bebside West Hartley ..14 3 Tanfield Moor Butes..l2 9 Holywell 15 0 North Pelton 12116 Wylam ..15 0 Ships at market. Walls:End. Hetton Sheriff Hill 14 0 Riddell Trimdon l4 0 South Hetton 17 0 ~ 170 ; sold, 70. COUNTRY MARKL'I - , -4.- COLCHESTER-Fn3. 15. To-day a small supply of wheat, and late prices were supported for dry samples ; inferior sorts still a slow sale. Barley maintains its price, but only in middling supply. Beans and peas were unchanged in price, but in demand for seed. Wheat, white .. 64s 68s Beans, Mazagan..36s 40s red .. 46s 64s middle & small.4os 44s Barley Oats.... CHELMSFORD-FEB. 14. i 'A fair supply of wheat, which was taken off slowly, the best samples at late rates, and inferior qualities rather cheaper than las t week. Spring corn of all descriptions barely maintained late prices, and little doing. Wheat, old white 28s 598 Peas, Partridge....37s 41s new 47s 66s White 39s 458 old red....27s 518 Boiling .. 41s 47s new 52s 62s Dun 36s 408 Batley ..305 39s Ditto new .. —s —s Chevalier 3os 42s Beans, Tick, old ..35s 41s Grinding 24s 32s new..3ss 41s Malt.... Chevalier . 64s 69s new..37s 42s Oats 23s 30s Mazagan ..32 358 GLOUCESTER,-FEB. 15. A fair supply of English wheat, and the sales made were at a reduction of is upon late prices. Foreign in limited demand, at nominal prices. Other articles in the trade may be considered unaltered. KIRKCALDY GRAIN—FEn. 15. We had moderate suppliesto day of wheat and bar ley, but good of oats. Sales for wheat at previous prices ; oats 6d more money. Wheat. Barley. Oats. First....42s Od 25KOd 1 20s Od Second ..48s Od 29s Od 23s Od Third....sBs Od 31s Od 27s 6d TIIIS DAY'S SHIPPING. LONDON, Feb. 18.—Wind this day at noon—South light breeze, and fine weather. PORTSMOUTH, Feb. 16.—Wind S.E.—Sailed—Flora, for Alicante, after repairing; her Majesty's ship Euryalus, for Plymouth. PLYMOUTH, Feb. 16.—Arrived—Vertimo, from New York for Weymouth ; Black Swan, from London for New Zealand. Feb. 17.—Wind S.E.—Arrived—Her Majesty's ship Euryalus, from Portsmouth. Sailed—Black Swan, for New Zealand. _ BRISTOL,__ Feb. 16.—Wind S.E.—Arrived—Charyseso from New York. - -- _...... ........... GLorensTnn, Feb. 17.—Wind S.E.—George Ankle t from New York. NEWPORT, Feb. 17.—Wind N.E.—Arrived—Solace Stream, from Bristol for St. Thomas. FALIIOUTII, Feb. 16.—Wind E,, fresh gale.—Arrived— FerGzepore, from Demerara. QUEENSTOWN, Feb. 18.—Arrived--Europa, steamer, from Boston, and proceeded for Liverpool. JERSEY, Feb. 16. —Wind S.E.—Sailed—Homely, for Bahia. Orr HURST CASTLE, eb. 18 . — Arrived—Cryton, screw steamer, from Alexandria. (BY SUBMARINE AND MAGNETIC TELEGRAPH.) GRAVESEND, Tuesday Morning. Arrived—Kalodise, from Antwerp. Sailed—Concordia, steamer, for Boulogne. DEAL, Tuesday Morning. Passed—American Congress, for New York ; Hutton Chaytor, screw steamer, for Genoa —both from London; Chieftain, barque (in tow), from the west, for London. Sailed—Peveral of the Peak, for Calcutta. FOIaIGN NAIL PACKET _UST. MAILS DUE. Australia and Mauritius, via Southampton. Feb. 18. via Marseilles ..Mar. 15. Brazil and Cape Verde, by British packet. March 6. Cape of Good Hope, Ascension, and St. Helena.. March 3. China, Penang, and Singapore, via Southampton. Feb. 18. via Marseilles ...Feb. 27. Falkland Islands March 6. Gibraltar, via Southampton ..... Feb.lB. India (Calcutta), and Ceylon, via Southampton Feb. 18. . via Marseilles Feb. 27. I n dia (Bombay), via Southampton Feb. 25. via Marseilles Feb. 20. Lisbon Malta, Egypt, and Aden, via South amp t on F e b. 18. via Marseilles Feb. 20. Newfoundland Oporto and Vigo U. S. and British N. America, Ly Brit. packet Feb. 19. by U.S. packet b y Canadian packet Feb. 19. W.C. of Africa, MaYor deira, and Teneriffe .. Mar. 10. Bahamas, via New k Mar. 13. Chili, Peru, Feb. 28. Mexico ............. :.. , ..... : ............. Feb. 28 . / and West Britishlndies, Columbia..including All California, The next colonial wool sales are to commence on 1 the 27th inst. Accord in g t o a circular of Messrs. Winans and Overbury, the arrivals since the last sales have been about 35,398 bales, of which 19,13 are from the Cape. THE LATE COUNT CAVOUR AND THE EARL OF CLARENDON. Lord CLARENDON vindicated his conduct when Foreigh Secretary from certain charges in Count Cavour's recently published letters. He had never encouraged Count Cavour to make war with Austria. All he had said was that he regretted the foreign occupation of Italy, and should be glad to see it cease. He had always said that the policy of England would be strict neutrality and adherence to treaties. TRANSFER OF LAND. The LORD CHANCELLOR said—l rise to claim your lordships' indulgent hearing for a few observations I am desirous to submit, that your lordships may be enabled to follow with greater facility the provisions of a Bill on the transfer of land that I propose'to lay before you. A mea sure more important to the landed interest has never been presented to Parliament, and therefore it is that I have been desirous it should originate in your lordships' house, not only because it is largely interested in the question, but because it includes so many competent to discuss it, to con sider and weigh it. I wish the question to be accurately stated, and that the measure should be most deliberately considered ; and then, should it be thought worthy to receive your lordships' approbation, it will go down to the other house with greater authority and a greater claim to conside ration. The measure is one to give a certainty of title to land. The word title here is not intended to signify the possession or enjoyment of an estate ; it is intended to indicate that evidence which it is incumbent on the owner of an estate to produce, according to law, when he makes that estate the subject of a sale, mortgage, or distribution. According to any system of natural law the possession and enjoyment would be a sufficient title, or evidence of the right of pos session; but the mere possession and enjoyment of a real estate are no evidence of a right to dispose of it. With any ordinary subject of property the actual possession, either by yourself, or by another from whom you have derived it, is accepted by the law ; but in the case of a real estate, to which you have been entitled for 10 or 12 years, or which was bought 10 or 12 years ago from a former owner, if you seek to sell it the question is, how did that former owner acquire it P The answer is, perhaps by will, 10 or 12 years previously ; but the exigency of the law is not even then satisfied. It requires to know how that owner came into possession of the estate, and the inquir3 goes back by requi sition on requisition until it has exhausted the whole period of 60 years, during which yourself, or those from whom yet claim, must not only have had a beneficial enjoyment and possession, but must account for every transaction, and ex plain every disposition and act of ownership, and show that during this period nothing has occurred that can, by any possibility, interfere with the present title. Now, this is a great evil. I know not that anything similar exists under any other system of jurisprudence. It is a great hardship, and how has it been created ? It has been created by the infirmity and imperfection of the law; it has been created because the law has provided no mode of giving cer tainty to a title ; it is the result of having no system or institution by which the title to an estate can be recorded with certainty. Therefore, these obligations have been thrown on proprietors simply for the want of something that would more easily, more perfectly, and more economi cally demonstrate the right and title of the individual in pos session. When the particular limit of 60 years was first pro posed the rule was probably adopted, because that period is so long that, ordinarily speaking, all the transactions that may occur in two generations might be supposed to be in eluded. But nothing in the world can be more fallacious than this rule ; your lordships will perceive it by an ex ample. Suppose a title is produced in 1862, commencing by a purchase made in the year 1802. It may happen, and it may most easily happen, that the individual of whom the estate was purchased was a young man of 23 years of age, and who may live more than 60 years after the sale. On his death it may be discovered that in 1802 he was only a tenant for life of the estate under the will of his father; and on his death the purchaser may be surprised by finding that acme other person is entitled to the estate. Then, not withstanding these difficulties of satisfying all the requisi tions of the inquiry into the title, the purchaser would be turned out of his possession; on the death of the seller an.• other person is actually the legal possessor. Fifty other cases might be adduced for the purpose of conveying this conclusion,—that injurious and oppressive as the rule is it fails to accomplish its object and is capable of being easily eluded. But the great oppression thrown upon owners of real property in being obliged to make a title for 60 years might be more easily performed if the state of the law were easy and simple in itself. Bat lam sorry to say the origi nal simplicity of the common law has become very compli cated and intricate, entirely from the vast variety of interests called into existence, and which have now fastened them selves on the land. Thus in proportion to the extent of the interests which have been created in the land is the diffi cult 3 of deducing them down, and of explaining the manner in which they have ceased or have become vested in the per son under whom the vender claims. Now, in the original state of our law nothing could be more simple than the title to real estate. The transfer of real property to o k place in the most open manner—generally before the Earl's or the Sheriff's Court, when a feoffment—that is, a conveyance— . was made, accompanied by a symbolical delivery of the pro perty in the presence of the assembled freeholders, who were witnesses of the transaction. Then, in truth, property and possession were seldom divided from one another, because the commonlaw, generally speaking, admitted only of suchmodi fications of ownership as were indicated by tenancy for life with remainder to another. The tenant for life was the indivi dual in possession, and the remainderman was in possession in the eye of the law. Thus all transactions were carried on with great simplicity. But then a device was found out which introduced great complexity and difficulty. This device was torrowed from the civil law, and by it, in the language of lawyers, the use was severed from the possession—that is, one man might be the visible and common-law owner, another being the beneficiary ; one man was regarded as holding "to the use" of another, and thus the use, or the beneficial estate, became separated from the common-law ownership. Great difficulties resulted from this introduc tion of a secret system of uses, and accordingly Parlia ment came to the aid of the landed interest by a Statute passed in the reign of Henry VIII., and called the Statute of Uses. By this statute it was enacted that the possession and the use should always go together—in other words, that there should be no difference between the visible and the actual ownership, and that the one should always accompany the other. This was the step taken, after great considers tion, in order to redress the evil which had grown up, and it was supposed that the statute would annihilate this evil. I am sorry to say that the object which Parliament had in view was defeated here, as in many other cases, by what I may be permitted to call the pedantry and narrow-minded interpretation of the judges of the land. You will find that in the English law nothing has been more fertile of results to be regretted than the attachment of our lawyers to the mediaeval doctrines—the pedantries and puerile metaphysical disqui sitions—which distinguished what was called the learning of the time. Accordingly, the judges held that, although the statute transferred the possession to the use, yet if the form of the deed created two successive uses—that is, if land was given to A, to the use of B, to the use of C—the statute executed only the first use and left the other un affected. This, of course, left the evil in all its integrity and opened the door to the entire evasion of the statute by the simple introduction of three words grafting a use upon a use. It is hardly possible to conceive a more puerile . de vice for the purpose of preventing the beneficial opera t ion of the statute. The result was that we had the legal Belem, then the use, and then a second use is grafted upon the first, which was held equivalent to a trust. Thus there arose Worse state of things than before, for, instead of annau" l 0 Algerian [0 Antwerp & Rotterdam. !O Ardennes.... ....... !O BalL&S.Fran..Lim.7 p.c. 5 Belgian East. Junction :0 Beziers to Graissessac.. Carmeaux Mine & Rail )0 Coniapo • • •••• ••• • • • 0 Ditto Extension .... 1 .0 Dutch Rhenish :0 Eastern of France .... Grand Rus Guar. 6 p. c. Do. do. Great Central of France Gt. Luxem., Con. shs Italian Junction Lierre & Turnhout Lyons & Geneva Namur & Liege Do. 6 p. c. Pref. N orthern of France Do. New Shares Norwegian Trunk Pref.l Ot'mn(Smyrna to Aidn) Paris,Lyon s, a Mcdi ter. Paris & Orleans Recite & S. Fran. (Pern ) gua. 7 p. ct. lim Riga & Dunaburg Royal Danish.... Royal Swedish ....... Do. 7 per cent. Pref Sambre & Meuse Do. 54 per cent. Pref San Paulo, lim, g. 7 p. c S. Aust &Lomb Venetin Southern of France S. East Portugal 7 p ct West Flanders . ..... Do. p. c. Preference W. Ss N. W. of France Westcrn of Austria Western of Switzerland Wiesbaden ..... Do. 8 per cent Pref Zealand ... BRTTIS Alfred Consols (Phi tack) British Iron Clifford Devon G. Cone. (Tavist ) East Bassett (Illogan) East Caradon East Cr Brca... E. WI Russel (Tavistk. Gam.&St.Aubyn(Gwen.; Great South Tolgus G.Wheqj Alfa. (Philack G. Whel Vor (llelston) Grenville Eierod's- Foot Elingston Downs Lady Bertha Nfarcr,aret (Cny Lelant Marge Valley.. Myndy Iron Ore (Lim ) North Downs North Frances (Illogan N.Wh'l Basset (1110 North Wheal Crotty Par Consols (St. Blazey) Providence (Uny Lent.) Sortridge Cons. Min. Co. South Caradon(St.Cleer) S. Cam Brea (Illogan) S. Dev. Iron &G en., Lim. S.Wheal Fran. (Illogan) Stray Park Tamar Silv.& Lead Min. Tin Croft Vale of Towey (farm ) West Basset (Illogan) W. Caradon. (Liskeard) West Seton Wheal Basset (Illogan) Wheal Buller (Redruthl Wheal Edward (Cals.) Wheal Kitty (U.Lelant) Wheal Mary Ann (Men.) Wheal Treiawney (Lis.) FOItEIG Australian BonAccord Copper,Lim. Brazil Land & Clarendon Cons. MitiCo , Cobre Copper Copiapo DunMoun.Cop.Min .Co East Del Rey (Limited) Fortuna... General Gt N. Cop. of S. Austr Kapunda (Limited) Linares Lusitanian Mariquira IN.RhineCopof S. Aus. L Prontgibaud Silver,Lead, Mining and Smelt 1 Port Philip Scottish Austrin. (L.) St. John del Rey (L.) United Mexican Worthing (Limited) 5 1 20 28.2.81 COLONIAL GOVERNMENT SECURITIES. Can. Gov. 6 p.c.Ja. &July 1877-82 Do 6p. cent.lBB3-4 100 - Do. 6 p cent, -- 100 Do. 6p. c. Feb. &At m. 100 106 108 Do. 6p. c. Mar. & Sept. 100 109 111 Do. 5 per cent lOO 9SI 991 Do. Inscribed stock 1100 I+7 99 -- Cape G.llope, 6 p c,lBBo' 100 110 112 Do. 1890 100 110 112 Do. Jan. & July, 1891 lOO 110 112 Ceylon, N0v.1861, 6 p 100 N.B.Gov. 6 p.c. J a.dauly 100 1051 106/ .IGo. 6p. c.Ap. & Oct. 100 N. S. W. Gov. sp. c.,1866 100 99 100 Do. sp. c.,1871 to 1876 100 974 981 Do. do. 1888 &Try& 100 961 976 97 6,1 71 - INew Zealand 6p. cent. 100 106 108 'Nova Scotia Gov. 6p. c sterlincf, 1875 lOO 1071 1081 S. Au5,G6p.c.1878.& up lOO -- - IVic.Gov. 6 p.c. Ja..&July 100 1104 106 Do. do. 6 p.c. Ap.&Oct lOO ,1061 1071 1071 JOINT-STOCK BANKS. 100 AgradUnitedServiceßL t.O 83 90 40 Australasia all 66 67 661 25 Bank of Egypt all 21 22 100 Bak of London 50 British North American all 52 53 20 Chtd.Bank of India, &c. all 21} 21/ 214 25 Ch. Mer. of In. hon.& Ch all 32 14 100 City 100 Colonial ... ..... 25 89 41 2011 Corn. Bank of Canada all 20 Eng.. Scot., & Aus. Ch all 181 181 20 Gen. Bk .of Switzerland all 20 Lon. Char.Bkof Austral all 254 26 20 Do. new all 2s} 25/ 50 London and County 50 London Joint Stock 20 London and S.Atrican lO pr f p 100 London & Westminster 20 76 79 100 Nat. Prov. of England 42 -.- 20 Do. new l2 50 National Btinlc ...... 25 21 New South Wales.-- all 25 I Orient. B. Corporation . all 534 544 541 20 Ottoman Bank... all 21 22 214 it 100 Provincial of Ireland .. 25 10 Do. new....... 25 South Australia ..,... all 25 Union of Australia .. all 42 43 42 50 Unto,' of London I 12 314 321 32 11 2 100 lUnity Mutua1.. MISCELLANEOUS. 10 Ancr,lo-Mexican Mint .. all 16 17 10 Atlantic EL. Ml. Stm (1d) all 2 3 1000 Atlantic Tel (Limited) all 25 Australian Agricultural 19 26 28 10 Bahia Steam (Limited). 1 10 Berlin Water (Limitea) all 51 51 51 1 50 British American Land \4O —-- 50 11.&I.Mag. Tel. A. (Lim.) all 29 32 20 Do. 8,7p.c.t1111852 (Lim.) all 18 20 20 Do. C. (Limited) all 9 11 323 Canada Land I all 109 112 112 10 Chandslands Tel. (Lim ) all 10 China & Japan Coast & River (Steam Naviga, 21 et. Cop.Min.ofEug.&Stnitg all 25 Do. Pref. 74 per cent. st. 'Crystal Palace at. De. Preference st Do. 6 n et. Perpet. Deb lOO 104 108 10 E.lndia & Lon. Ship A 7l -- 30 Do. B 73 11 01 20 E.lndia Irrign. & Canal 1 pr }pm at. Electric Telegraph 25 Do. New l5 5 English & Aus. Copper all 3 34 15 Gen. St. Navigatt to 14 1 Great Slip Limited) all 1 I 1 DC. 174 p. et Preference all i 2 Indian Carrying (Lim.) 1 5 Lon. District Tel. (Lim.) 44 L.G. Omnibus Co. (Lim.) all 11 1/ 11 20 Madras Irr. and Canal 1 26 21 3 10 Med. Exten. Tel. (Lim ) all 4 5 10 Do. 8 per cent. pref all 25 National Dis. Co. (Lim ) 5 1 p 5 20 Nerbu.Coal&lron (Lim ) 5 2 1C 10 Netherlands Land all 5 Do.B p.c.Pref..iss.atl dis. all 100 N.Br.&NovaScottaLand 81 10 15 1 N.B.Australasian (Lim.) all 11 1 1 Oriental Gas (Limited). all 1 11 1 Do. New Shares (Lim.). all 1 14 10 Orintl. In. Steam(Lim.) all 7 74 71 at. PeelßLnd.&Min.(Lim) 100 51 53 50 Pen. & Oriental Steam all 68 70 691 50 Do. New 3O 10 12 41 20 Red Sea&ln.Tel.g.44p.c all 194 19: 50 Rhymney Iron all 17 19 15 Do. New 100 Royal Mail Steam 6O 52 54 st. Scot. Austin. Inv.(Lim ) 100 134 134 25 South Australian Land 'all 32 34 1 Submarine Tel. Scrip all 1 Do. do. Registered as all )61 10 Do. do 2 Telegraph to India (L ) 1 ds par 10 Trust and Agency of Austrlasia (lim)lst is. 1 Pr 1 P 20 Trot; Ln.Co. of Upr. Can. 5 11 11 284 1 0 1 A l EOl_ 1 5 0 trv.anli.:DdoiemniTenel;BCLo.an( 100)* 102 21 25 i 1001 1 1001 121 all [lOO 15 all 100 'AILWAYS Ea 6 3 —1 I •D I 1 11 12 4i 4 1 1 P 23 z 4 10 10k 8* ii 2u 21 89 40 8 10 8 74 41 (4 54 66 31 n i 12 15 8: 8: 9 1 Of I * 1k 20 ' 28i 29i - - 1 7 i 10 Ai; 22 23 ES. i I 1 2 31 13 405 415 50 54 30 31 101 11 2t 3} 14 16 4 44 61 7 111 11 36 38 21 21 43 4 10 101 Id fpm 5 51 3 34 1i 21 76 E 5 42 44 315 E 25 26 3 1026 1075 30 32 16 2 81 95 125 135 39 41 I 275 225 974 1024 70 78 11 2 105 115 15 16 18 19 Di I all all all all all all 81 6 9 1 I 3.9.3 MINES. f I 11 32 84 6 8 1 1 1 2 2i 22 24 pr p 1 p 8 9 I i d A pr * ;1 2 4' 1 11 lf ljpm 65 66 81 9} i I lating uses, the only effect of the statute was that they were thenceforward employed in a more formal and complicated manner. Nor did the evil rest there, for the courts of equity then intervened and enforced those trusts just as they had been previ. usly in the habit of enforcing them, the consequence being that we got an unfortunate di• tine tuna between the legal and the equitable estate, between the jurisdiction of courts of law and the jurisdiction of courts of equity. The result of the state of things which I have thus imperfectly described was to create two burdens upon the landowner, and to cast upon him two obligations, because he was forced thenceforward to trace the descent and transmission both of the legal and equitable estate ; and that which was introduced to relieve the landed inte rest became the cause and origin of a double burden. Moreover, the courts of equity, which undertook the duty of enforcing interest in real estates, held —not as they migh t have held, that the trust attached to the person of a trustee, but—that the trust attached to the land itself; and even where there was a trust, to divide the produce or to raise money for the portions of younger children, or for the benefit of other individuals, they held that the right to receive so much money was an equitable interest attaching to the land. Now,lebserve the consequences of that unfor tunate doctrine. The owner of land, in travelling back over the GO years which he has to cover by his evidence and dis closures, is compelled to trace every single case of a portion or a money charge directed to be paid and satisfied out of the land—to trace the individual entitled to it, to produce the release of it, and prove that the ,land is emancipated from the charge. Your lordships will easily understand the ope ration of this doctrine that a trust attached to the land and not to the per son. If you create a settlement or disposition by a sum of money invested in Consols, which you invest in the name of trustees, the trust affects only the perscn of the trustee, and does not fasten upon the Consols. The difference is great indeed. The title to the stock is mani fested by the possession and by the entries in the books of the Bank of England, and although the stock may be held upon 100 trusts, the concurrence of no one of these beneficiaries is necessary for the transfer of the stock. Now, in a trust of land the concurrence of all the benefi ciaries is necessary for its effective transfer. A great burden is cast upon the owner of real property by this unfortunate course of procedure. It would seem as though the Legisla ture were deterred from any further attempt to remedy the evil, seeing their efforts had been baffled in the manner I have described. From that time the landed interest has crouched down and bent low under the burden which was cast upon it, and that is the position in which things stand at the present moment. The extent of the evil, however, does not rest there, because a landed proprietor being obliged to demonstrate his title for GO years, if the law had benevo • lently provided any mode of doing this efficiently or of re cording the result of that investigation—if any machinery had been contrived to stamp his title when once ascertained with the sterling mark of being valid and good—the evil might then have been easily borne. But unfortunately no thing of the kind is known to our law, and, therefore, if a landed proprietor disposes of a farm, the title to which is thoroughly investigated and is accepted by the purchaser, and next day wishes to sell another farm which he holds under exactly the same title, he gains not one particle of benefit from the expense of the first investigation, but the same inquiries must be made by the second purchaser, and the same expense must be borne before the title to the second farm can be perfected. And so on ad in finitum, nothing being gained by the labour and expense to which you have been subjected, save only that you may have in the second case more ready means of repeating the process, and of com plying with the requisitions made than you had before. There is another grievance of which we have now to com plain, but which I hope from this day we may see some chance of removing. I can hardly denominate it by any other name than the tyranny of parchment deeds, The wonderful invention of printing rendered the extension of information a matter of great facility in every branch of knowledge but the law, and the lawyers repudiated it alto gether. If, when the art of printing was introduced, deeds had been permitted to be printed, as they might well have been, one effect would have been that we should have got rid of much perverse obscurity and constant repetitions with which parchment deeds are encumbered. Not only so, but all deeds would have been brought into a simple and readily accessible form. instead of requiring large and ex tensively constructed muniment rooms, all titles to estates might have been bound up in a few volumes, the liability to error that now exists would have been entirely avoided, and I may venture to add that a great part of the litigation which has been produced from the difficulties of discover ing the meaning and effect of deeds would have been pre vented. Not only so, but a great part of the expense attending an alienation of land would have been got rid of. For what is now the practice? When you sell an . estate eon examine,ts relating a t n o r i t t col lected r t e ,g o b e t l h i g e e r d , to first Gave for y al o l u t r h s e o P l solicitor m t to prepare an abstract. That abstract is handed to the pin.- chaser, who, however, also must see the original parch ments, to ascertain whether the abstract contains a faithful and true account of all transactions. This is an expensive and tedious process, and I put it to your lordships whether much of these inconveniences would not have been avoided if title deeds to estates had been printed upon simple pieces of paper. There would have been no difficulty in perusing them or in ascertaining the meaning—it would have been the easiest, the simplest and the most economical proceeding as I think must be obvious to everyone. Deeds might be printed at one-half the expense at which they are engrossed. Not only might deeds be printed, but as I have ventured already to observe they would then be reduced one-half in size. There is nothing in my professional life to which I look back with so much pleasure as the efforts I made, and sue cessfully,to introduce into the Court of Chancery the practice of printing bills and proceedings, but so great was the preju dice that when I ventured to propose it as a thing necessary to be done there was not a single one of my colleagues upon thecommission who could give me the slightest hope that the thing could be done, or that it would produce any benefit. It was accepted, not from conviction, but out of considera tion towards myself and my position at the bar, I think, however, now I may venture to say that that change has been productive of the greatest possible benefit in the Court of Chancery, and I may refer to it as evidencing what I said just now concerning deeds, that it has got rid of the cum - brous, prolix, and tautological repetitions in bills, and has reduced the size of those bills at least one-third, while the statements contained in them are couched in plain and in telligible language. I refer to this because you will find that one of the provisions by which I propose to work the measure which I shall have the honour of submitting is, that in future all deeds relating to estates shall be printed. The question, and it is a most important one, is, in what wa) shall we meet the evils which I have described. In the first place they are to be met and removed, I think, without making any material change in the law. Ido not want to introduce any alteration in the system of legal rights of ownership. I want only to introduce alterations in the mode of perfecting and manifesting titles, to facilitate the disposition of estates, and to bring them as near as possible into a condi tion of easy alienation, so that land may be dealt with with almost the same facility as ships or railway property, or shares in public companies, or the enormous amount of wealth invested in Government securities. I approach the subject with great confidence in the present day, because of our experience of that very great and beneficent measure that was passed some years ago for the sister country, and which has been attended by so great success. Your lord ships know that when the Encumbered Estates Court was instituted it was upon the principle that the Court should examine the titles of those who had recourse to ii s fo h rth id e sale of estates, should put up the lands for sale , ename of the and cu give to the purchaser a clear title, writing th complete owner upon a piece of paper, which was to start him anew, and give him a co m p title — a statutory against all th e wor ld without the necessity of retrospective inve s ti ga ti on. W ell, now, the success that has attended the operations of that court is so far an assurance to us that the first step of obtaining a statutory title is a feasible and a beneficial pro position. The great difficulty still remains of providing an instrument that shall not only provide a statutory title, but shall also contain within itself the means of recording and preserving the evidence of the title, so that it may be repro duced at any time whenever it may be required. The pur chaser from the Landed Estates Court takes, it is true, a statutory title, but when he proceeds to deal with the laud it is in the same position as before, and in the course of a few years the title he has obtained becomes obscure from a great number of subsequent transactions, and thelaw has provided nu mode of keeping up a record, preserving tho proof of the title, and of the subsequent transactions, so that at any time the exact state of the title to the estate could be ascertained and reduced to a simple statement upon a piece of paper, which might be given to the owner, and thus enable him to dispose of the land. I want to construct a legal instrument that shall not only enable a man to obtain a stauttory title at the present time, but which should enable him to give from time to time entries of the results of all future trans actions and dealings with the land, so that the owner of the estate might at any time send to the registry, and if he wanted to sell might obtain a special certificate of title. He could then go into the market with that certificate, and a purchaser may safely deal with the estate, the s d imple certi ficate obviating the necessity for the diflicult an cumbrous gne otiations that are now requi red. Your lords hips will t i l e e c ; ts s — second, allow me to explain what is th e form of the machiner y of this bill, and in what mann er the instrument ma y be ex pected t t o o wasocrekr,taininowrdheerthtoeracthcoemrepilsisahgtohoed stsesaetvuetroarlyot to preserve the proof of all subsequent dealings with the land, so that the nature of the real existing interests on the estate may at any time be ascertained ; and thirdly, t o Pro vide a mode by which all those dealings with land which the convenience or the necessities of mankind require may be most easily and readily transferred to the record of the court, and kept there for future reference. I propose in the bill to establish a registry, which is divided into two parts; one is a registry of guaranteed titles —that is statutory, in defeasible titles; the other is a registry of titles not guaran teed, which are to be put upon the registry, with a view to become Parliamentary and indefeasible when in a course of long enjoyment they may become so entitled. Now, what is to be done by a proprietor to entitle himself to place his title?l n d upon T h e t r h e e m r e u g s i t s , t e o r f c i o n u o r s r e d , e b r e t o a o m b o t a s t i n a rigidP a o r x a l i a m m i e n n a t t a i o r n y of the title, but it would be an examination once for all. Instead of the process having to be gone through repeatedly it will be gone through once for all. And it will be done o n f ot t i li n e ainTetitinn; ton t i hat a will divulge to all the world th e res ults but by officers of trust s sworn to tllol' ~~ duty, and performing it under a great sense of responsi bility. Therefore, precisely the same steps which you would have to take if you sold a farm cr a particular estate to a purchaser, you will have to take when you submit your title to the register with the view to having it recorded on the register. The registrar will, if requisite, have the aid of the Court of Chancery to enable him to examine the title ; and when 1, speak of the Court of Chancery your lordships will recollect that I don't mean that to obtain the assistance of that court it will be necessary to have recourse to a suit for that purpose. A great part of the business of that tribunal, by the improvements previously effected in its procedure, has been transacted by the judges of that court sitting in chambers ; and so, if any question of difficulty arises in the investigation of a title, resort will be had at once not only to the public court but to a Chancery judge sitting in chambers. Well, supposing the registrar to arrive at the conclusion that the title is a marketable title and one fit to be placed upon the register, it will then be necessary to attend—and it is a most important duty—to the descrip tion of the estate which is to be put upon that record. And here I admit that there is a great difficulty and great nicety. (Hear.) The difficulty—and Ido not shrink from the statement of it—is this : —lf I describe on this sheet of paper an estate as belonging to a particular owner, and re present that his title to it is demonstrated, and therefore to be made statutory, it might so happen that in the descrip tion of that estate I might include part of his neighbour's property. I might, in fact, include in the description some thing that did not belong to him, Now, I beg your lord ships to remember that this same difficulty occurs in regard to all the proceedings in the Irish Encumbered Estates Court, and although that court has effectually sold and con veyed more, I believe, than cne-third of the whole area of Ireland, yet I have never heard a suggestion of any error of the kind we are now considering having been committed by that tribunal, except in one isolated instance. But I have sought to devise with the greatest care—and it will also be for your lordships, if you permit this bill to go into select committee to devise —proper safeguards against this danger. The description is to be given to the registrar, and if he approves of the title he will advertise that descrip tion. Nay, more, I require that a copy of the description shall be served upon every one of the adjoining owners. Each adjoining proprietor, therefore, will have an interest in checking its accuracy. Attention will be drawn, by pub lic advertisement, to the fact of land described in a particu lar form being proposed to be put upon the register, and the safeguards that now exist in Ireland, and which have there been found effectual for their purpose, will be as nothing compared with the precautions which I believe this measure will introduce. Assuming, then, that the description has been settled, and that it is entered on the register, the pecu liarity of the bill which I now present lies, among other things, in this—that I do not require the estate so described to be entered in any particular name, or at all to be regis tered in the names of trustees. And this brings me to a dis tinguishing feature of the measure, to which I solicit your lordships' attention, and which I will endeavour, as far as I can, to make clear to all who hear me. My lords, when the notion of a register of titles was originally broached it was thought to be necessary that the estates should be regis tered merely in the names of trustees ; in other words, we all at that day thought we could not do other than follow the analogy of stock in the public funds. If stock in the public funds be held upon the trusts of a marriage settlement it must be registered in the names of the trustees of the settle ment; but then the beneficial owners have no security for their property except by a practice which exists at the Bank of England of entering what is called a caveat—that is, a I notice to the Bank not to permit a transfer of the stock with out giving information of the intention to effect such trans fer to the beneficial owners. Accordingly, down to the pre sent time, the only attempt at establishing a registryof titles has proceeded on the principle of entering the land upon the register in the name of trustees, and of then depending for the security of all the actual owners on a system of caveats or inhibitions, which were to be served upon the register, in order to prevent improper dealing with the property. When, in 1846, your lordships appointed a select committee of your house to consider the burdens upon land, among the corn- ' in i t tee' s recommendati on s by yn w tdh a s be ys o i n tmh e pel f i o efi r set t ea h tbi e leihshemfen titles toimprovementfe and of some effective meef registration of deed s , Th e only idea osferfe systema l conveyance, property,for the the the fo law r m of registration entertained for a lengthened period after the date of that recommendation was the registration of assu rances—the registration of deeds, not of titles. In 1853 a bill for the registration of deeds passed your lordships' house. It came down from the other house, and 1 felt that individually I could not take any part in the support of that measure. The measure was referred to a select committee, and I had the honour of bringing before that committee the plan which I had formed fer the registration of titles. But that plan consisted merely of this--the putting of certain names upon the registry as if they were the absolute owners of the fee simple of the estate, and making all persons who had partial interests in the property depend for their secu rity upon the system of caveats and checks. I have always felt that that was a very imperfect mode of proceeding, be cause, as your lordships will observe, a registry so con structed gives no proof whatever of any suitable interest, nor does it in the smallest degree facilitate the proof of title to any equitable estate. It converts all the legal ownerships into trust estates, and compels you to deprive yourself of the actual legal ownership, in order to enter it in the name of trustees. It also provides no mode by which the register can give evidence of the actual state of the ownership, for if it were denied the parties registered as owners could sell the estate, the:registrar would be under the necessity of convening in court all the parties entitled to the equitable estate before he could give authority to the registered owner to dispose of the property at all, Therefore all the deal ings with the equitable estate would still remain a mass of documents, without any means of registering them or ascer taining their effect; and you would have, as often as you wanted to sell or mortgage any land, to go through the same process of making an examination of the whole of the subsequent transactions, and incurring the same expense and difficulty—in a modified degree certainly—as attended the original placing of the estate on the register. Recol lecting these great drawbacks to a registration of titles, I have endeavoured in the present bill to provide a mode of producing evidence of the actual state of the title from time to time, according as it may be affected by subsequent transactions. Let me illustrate the working of this by a familiar example. Suppose that the first investigation of a title brings you to the conclusion that the ownership of the land is vested in a tenant for life with remainder to trustees for a term of years in order to raise a jointure on the pro perty for the wife, with remainder to trustees for another term of years to raise portions for the daughters, with re mainder to the sons, &c. The registrar accordingly will place the description of the date in one registry—viz., the registry of estates. The number under which that is en tered will refer to a corresponding number in another book called the record of titles ; and in the book constituting the record of titles will be entered exactly the result of the limi tations and investigations which I have described. A change of ownership existing in fact can be most easily ascertained. It will be transferred to the record. But sup pose a difficulty arising in this way. Suppose the transmis sion of the interest on the estate is affected by a deed or by a will of difficult, ambiguous, or uncertain construction. The question may be asked, will you make the registrar the uj d eof the question ? Is he to determine the effect of the will g ? Undoubtedly not. I provide, my lords, immediate means of having any question ascertained and conditionally determined. But it may be said, why should you drive the parties to litigation for that purpose f I provide for that also. Because, if a deed or will make any alteration in the record necessary, a deed or will which is of difficult con struction, and which the purchaser does not desire to have ‘ considered or determined, the registrar will make out the record in the very language of the will, and the only result will be to leave it unascertained. '1 his, in point of fact, is a recommendation instead of an objection to tho proposal. There will be a third registry, namely, a regis try of mortgages and encumbrances. I hope your lordships will follow me for a few moments while I describe the mode in which this part of the measure will operate. Suppose an estate is put on the registry, and that on the record of title an individual is described as tenant for life, another is described as tenant in remainder, and that on tho registry o o T f c h h e age e r lrn s e o r r i e s n d c e u s m i r b e r u a s n e c f e s s t e h l e n ti tl e g i s t a h em estate, a e ge r t h o o f .£5,00 . purchaser agrees on the price, a conveyance is to be effected. The parties may come to the office of the registrar, either by themselves or by their attorneys. The question remains for the registrar to say whether a good conveyance can be made of that estate with a P arliamentary title. The re gistrar says that a good conveyance can be made. Then I provide a statutory form of conveyance, which runs in these terms :—" We, A. B. an d C. D., in consideration of £5,000 paid to us, grant to the purchaser and his heirs whatever all the lands and hereditaments described in the registry under a particular number." The estate is transferred, and the transaction is closed, in the same way in which a transfer is made of £20,000 Consols. The transfer is effected precisely in the same manner without any more difficulty or impediment and without any greater lapse of time. But, supposing the parties don't wish to have the t, : : iibn but whichtnl interfere ersfehe orTxaeialwdoi: eotbhoteho these one s estate conveyed, the owner of the estate may have a certi ficate from the registrar—which certificate shall on one page contain the description of the estate, on another page the result of the recorded title—that is a simple and clear manifestation of the existing ownership, and on the third Page a description of the charges and encumbrances affect ing the estate ; and together with the certificate of title the registrar sends this simple form of conveyance. I provide that after the certificate of title has been given there shall be no entry on the registry with regard to the estate with outfraudde, l w iv h e i r e i h ng is it n u e p w , v in ery ord ee er sy t un o p d r e e r v t e h n e t e t x h is e tii p ig ossibil s i t tT ie o s. v I n e l thisne change way place anda banker khecircehratnbai obtain dniyn stttfahloyerteshm, da slightest that wantpino srttiehotge oisdiufenpe•tt title toerrl on their affects the exact state of the ownership. ex tremelys ed e sorry parchment i in the titlessligh slightest ten degreeestate; of the easiest modes of raising money,,, deedsproprie tor into an your our goes possession sp ens ed with, convenientan dth m e oaetheir security." That is a mortgage a most afforded with every security to the lender. ofraisingmon deeds, or an equitableNe ac commodation Now I provide that in lieu of the parchment deeds, which t m er o ie rt ty ga i g s e- di i are rendered superfluous, the certificate of ownership of the estate way, in like manner, be deposited with a banker, and 1 L:• 5 6 7 7i 1181 551 88 71 12j i Shan 100 stk I 20i 204 10 stock stock all 2719. 11313 6d 3.0.0 7.7.0 56f 17s 6.15.6 8.12 4.14 1.12 r 4.3.0 12.3 2.0.0 2.2.9 1i 10.6.7 5.11.6; 1.7.2 66 51 9 ('