The Sun. — London, England, 1829-06-26 00:00:00

I I , ,~~ ~ ~ 5 ROYAL HOTEL AND ASSEMBLY-ROOMS, MARGATE. FHOWE, with feelings of gratitude, begs to • return his most sincere thanks to the Visitants of Margate fur the liberal support he has received during the last eighteen years that he has kept the above Establish- Went, and he flatters himself that Oe SUPERIOR AC COMMODATIONS OF HIS HOTEL, COMBINED WITH MODERATE CHARGES, will ensure him that share of public patronage, which it is his highest ambition to merit. N.B.—The ROYAL MAIL STEAM-PACKETS leave - Margate every Wednesday and Saturday for Ostend, at Half-past Nine o'clock ; Persons travelling to the Ne ' therlancts will obtain every useful information required, by application to F. Howe. A very..superior four-inside Coach leaves the WHITE -BEAR, PICCADILLY ; BELL and CROWN, HOL BORN ; and BLOSSOMS INN, CHEAPSIDE, at HALF..PAST EIGHT O'CLOCK every morning, arriv. ing at Margate in nine hours, without CHANGING COACHES or COACHMEN. A Night Coach also " leaves the above Inns every evening at SIX O'CLOCK, and arrives at Margate early the next morning. ADMIRALTY OFFICE, lint JUNE, 1829. =NOTICE is hereby given, That a SES. SION of OYER AND TERMINER AND GAOL DELIVERY FOR THE TRIAL OF 'OF FENCES COMMITTED ON THE HIGH SEAS, Within the Jurisdiction of the Admiralty of England, will 'he held at Justice. Hall, in the Old BaiTey, on TUESDAY, the 14th of JULY next, at Eight o'clock in the morning : • and all Sheriffs, Gaolers, and Keepers of Prisons, in Whose custody any prisoners, charged with offences eoth n smutted on the High Seas, or within the said Jurisdiction, May be, are hereby required to transmit a copy of the Commitment of every such Prisoner to Mr. Charles Jones, the Solicitor of the Admiralty, at his Office, No. 10, Lancaster-place, Strand, London, in order thatithe ne 'rosary measures may be taken, for removing all such pri loners to his Majesty's Gaol of Newgate, for trial at the said intended Session : and all Mayors, Justices, Coro ners, and other Officers, before whom any Inquisitions, Informations, Examinations, or Recognistmces may have been taken touching any such offences; are required to - transmit the same forthwith to Mr. Thomas Shelton, the Clerk of Araigns of the High Court of Admiralty of Eng land, at his Office, at the Sessions House in the • Old Bailey, London. JOHN BARROW. ROYAL ACADEMY, SOMERSET-HOUSE. THE EXHIBITION of the ROYAL ACADEMY is now OPEN. Admission (from Eight o'clock till Seven) is. Catalogue Is. HENRY HOWARD, R.A. Secretary. IMPERIAL LIFE INSURANCE OF FICE, SUN.COURT, CORNIIILL, and ST. JAMES'S-STREET. Capital .47.50,000. DIRXCTORS. JOHN BAKER RICHARDS, Esq., Chairman. /ENEAB BARKLY, Esq., Deputy Chairman. Charles Barclay, Esq. MP. Samuel Drewe, Esq. Maul Bland, Esq. Richard Lee, Esq. George Brown, Esq. Jeremiah Olive, Esq. Cornelius Bailer, Esq. John Horsley Palmer, Esq. Andrew Colvile, Esq. Robert Slade, Esq. Charles Danvers, Esq. John Smith, Esq. M.P. John Henry Dedell, Esq. John Heaton Tritton, Esq. AUDITORS. George Hibbert, jun. Esq., James Pattison, jun. Esq., John Tritton, Esq. CONSULTING PHYSICIAN. H. Lidderdale, M.D., Falcon-square. London. Printed for Longman, Rees, Orme, Brown, and Green, • Paternoster-row ; and J. Taylor, Gower-street. Of whom may be had, ELEMENTS of MEDICAL STATISTICS. By F. BISSET HAWKINS, M.D. In Sro. price 7s. bds. Two-thirds ef the profits of the Company will be It_e_eiedically added to Policies effected for the whole term of We, without the insured incurring the responsibility at . lucked to Soeieties for Mutual Insurance. A division of Profits will be made in the year 1831 ; . after which the Court ef Directors are empowered by the Deed of Settlement to make additions to such Policies, ads which five annual Premiums have been paid, as may 'lea** Claims before the next general division of Profits. • Ratio and Conditions *ay be had at either of the Com , Pany's Wit., .e of say of the Agents is the principal %was throughout the kingdom. By order of the Board, SAMUEL INGALL, Aetnary. This day we. published, in foolicap Bvo. price ss. bds. IarNTS for the EXAMINATION of MEDICAL WITNESSES. -,13y JOHN GORDON SMITH, M.D. M.R.S.L. .Pr?fe!isor of Medical Jurisprudence in the University of THE EDINBURGH LITERARY JOURNAL. ---- THE First Volume of the EDINBURGH LITERARY JOURNAL is now ready for de livery, price 151. extra boards. Besides Reviews of up wards of 170 new and interesting Publications, this 'Volume contains Orifinal Communications in Prose and ' Puetry,:by the most dtstinguiahed writers of the day. Edinburgh, published Weekly, by Constable and Co. ; and Hurst, Chance, and Co., London. Price 6d. each Number, or l Od. Stamped, and sent by Post. • • WESTMINSTER REVIEW. THE WESTMINSTER REVIEW, No. el, will be published on the 30th of June, contain ing the following Articles :-1. Corn Laws-2. Life and :Writings of P. L. Courier-3. Living Poets of Hungary --4. jest of the Plantageuets-5. Cobbett's Corn-6. Djacoieries in the interior of Africa-7. The Village Patriarch-41. Physiology of Trees and Ornamental Plant , ing-9. Modern Italy--10. Civil Government of Canada Vidocq's Memoirs-12. I. Taylor's Translation of Herodotus L-42. Southey's Colloquies on the Progress and Prospects of Society-14. Anne of Geierstein-15. His torical Records of the Peruvian Indians-16. Greatest Happiness Principle, and the Edinburgh Review. _ No. 22 will be published on the 30th September. Office for the Westminster Review, No. 2, Wellington street, Strand. AUTHOR OF WAVERLEY'S NEW NOVEL. This day was published, in 3 vole. price 1/. 11s. 6d. A NNE OF GEIERSTEIN. By the Author of Waverley. 4 -IL " What! will the aspiring blood of Lancaster Sink in the ground ?"—Shakspeare. Printed for Cadell and Co. Edinburgh, and Simpkin aad'hisrahall, London. •t Of whom may be bad, • - ST. VALENTINE'S DAY ; or, the FAIR MAID of PERTH. 'By the Author of Waverley, &c. 3 vols. 1 1. 11s. Secdnd Edition. CHRONICLES of the CANONGATE. By the Author of Wiverley. First Series. 2 vols. 1/. ls. Second Edition. Contents.—Tale I. The Highlani Widow—ll. The Two Drovers—lll. The Surgeon's Daughter. TALES of a GRANDFATHER. Being Stories from the History of Scotland. By Sir WALTER SCOTT, part. First Series. A New Edition, 3 vols. 10s. 6d. TALES of a GRANDFATHER. Second Series. A N ew Edition, 3 vols. 10s. 6d. The COOK'S ORACLE, a New Edition (being the Eighth), containing a Complete System of Cookery for Catholic Families. 12m0., 7s. 6d. "We venture to prophesy that the Cook's Oracle' Wilt be considered as the English Institute of Cookery." ''*--Edinburgh Review, March 1821. SEAL EFFERVESCING CHELTENHAM SALTS, • MADE PROM THE WATERS OF MR. THOMPSONNS MONTPELLIER SPAS AT CHELTENHAM, THE Public are respect fully informed that these Salts are the only genuine production of the 1 ' 4 4 tenharn Spa Waters, a fact which is well known to every Peraosa who has visited Cheltenham. They contain, ac eording to the Analysis of Sir Humphrey Davy, and Messrs. rande and Parkes, all the Chalybeate and other essential properties of the Spa Waters at Cheltenham. These Salts possess an effervescing principle, and in this I :_ e lPect differ only from the Cheltenham Salts hitherto s old "' the Public. The REAL CHELTENHAM SALTS in Crystals and Xißoreseence, as well as the above, are to be had of the Sole Agents, Messrs. BUTLER, Chemists, Cheapiide, Surlier St. Paul's, London ; Sackville-street, Dublin ; and pr ince's -street, Edinburgh :—Retail of Hudson, 27, Hay i!arket ; Bus, 76, New Bond-street; the principal Medi et4e Venders, and at the Montpellier Pump Boom, Chel teaham. CAuTtow.L—lu future the above Cheltenham Salts can :" he genuine unless the Government Stamp with the ( *di " Butler, Cbsapside," , is attached to them P • k -11 1 W .4, . 4. . : 44 -4 1 4% Vlta t ' ° A. nn, ( „ b 4 46 .44 : . e . -Zt" .jt 0 X ie - 47 No. 11,477. FIFE POUNDS will be given to any Person who will be the means of the Advertiser BORROWING ABOUT 601., for which a good interest would be given, and good security for their money ; or any person possessing 1,0001. might join the Advertiser in one of the best businesses in England. Address to A. 11., 25, Adam-street, Bryanstone-square. This day was published, in Bvo. with Plates, price 109. 6d. boards, Vol. XV. Part I. of TRANSACTIONS of the MEDIC AL and CHIRURGICAL SOCIETY of LONDON. Printed for Longman, Rees, Orme, Brown, and Green. *** By an arrangement made with the Council, the Publishers will supply such Members of the Society as may be desirous of completing their Sets of the Society's Trans actions, at a Scale of Prices which may be had of Longman and Co. or any of their Correspondents. MONEY ON SECURITY OF THE LAND REVE NUES OF THE CROWN. THE Commissioners of his Majesty's Woods, Forests, and Land Revenues, being the Commis sioners for carrying into execution the Act 7 Ge0..1V., cap. 77, for extending to Charing-cross, the Strand, and places adjacent, the powers of an Act for making a more convenient communication from Marylebone Park, &c., do hereby give Notice, that on SATIJIWAY, the 11th day of July next, they , will receive Proposals from any person of persons who may be willing to advance fur the purposes of the said Act any sum or sums of Money not exceeding THREE HUNDRED THOUSAND POUNDS in the whole, upon security of the Land Revenues of the Crown. Further particulars may be obtained on application at the Office of his Majesty's Woods, Forests, and Land Re venues, in Whitehall-place. By order of the Commissioners, Office of Woods, &c., A. MILNE. 24th June 1829. IN NORFOLK. A desirable Freehold Farm for Investment, including 875 Acres, in excellent condition, and thriving Plantations abounding in Game, on Lease to a respectable Tenant, at 6801. ss. a year, situate at Feltwell, near Brandon ; the Timber to be included. TO BE SOLD BY AUCTION. By Mr. GEORGE ROBINS, At the Auction Mart, opposite the Bank, on THURSDAY, July 9, at Twelve, by direction of the Executors of Sir Charles Oakley, Bart., A Valuable FREEHOLD ESTATE, ex ceedingly well adapted to a safe and permanent In vestment. It consists of a Farm-House and all requisite buildings, and 875 ACRES OF RICH PASTURE, ARABLE, AND WOOD LAND, lying very compact, and nearly within a ring fence, de sirably situate at Feltwell and Methwold, a few miles dis tant from the Market Town of Brandon, in Norfolk. THE NAVIGABLE RIVER OUSE opens a communication with Lynn, Cambridge, Ely, St. Ives, Peterborough, and Bedfordshire. There are about 130 ACRES PLANTED WITH 320,000 TREES FROM 20 TO 25 YEARS' GROWTH; as it regards 50,000, all of them in a thriving state. The Estate has been occupied by a respectable Tenant for seven years, and he has renewed a fresh Lease for the same period, at a LOW RENT OF 6801. A YEAR. rendering this a safe and permanent Investment, the rent being very low. Particulars will be ready for distribution twenty days prior to the Sale, at the principal Inns at Brandon, Felt well, Lynn, Cambridge, Ely, St. Ives, Peterborough ; of Messrs. Hinchleys, solicitors, Litchfield ; Messrs. Hem ming and Baxter, Gray's Inn-place; Mr. Watford, sur veyor, Cambridge ; the Auction Mart ; and at Mr. George Robins's Offices, London. HARROW PARK. Capital modern Furniture, Cabinet Pianoforte, by Broad wood and Sons, small Collection of Painting., Library of Books, China, and Glass Service of Plate, a splendid Ornamental Chased Silver Vase, en pedestal thirty-four inches high ; Cellar of very fine Wines, including some exceedingly rare old East India Madeira ; Phaeton and Harness, Rick of Hay, near forty loads; Horse, Cart, &c. TO BE SOLI) BY AUCTION. By Mr. GEORGE ROBINS, On the Premises, on AIoNDAY,:next, June 29, and two fol lowing Days, at Twelve, by order of the Executors, ALL the excellent modern FURNITURE, completed a few years since only ; a fine-toned cabinet Pianoforte, by Broadwood and Sons; small but valuable collection of Paintings, including several very fine gallery pictures ; library of books, also many expen sive publications in boards, books of prints and drawings; service of plate and plated articles, embracing every re quisite article for the sideboard and table; a most magni ficent chased silver centre tazza or vase, with branches for lights, supported by a pedestal of beautiful form, altogether thirty-four inches high ; cellar of estimable Wines, com prising old Port, Sherry, forty-four dozen of curious old East India Madeira, well worth the attention of the con noisseur; Claret, Hock, and Moselle; also an excellent phaeton and harness, &c., the property of the late GENERAL ALEXANDER MURRAY MACGRE GOR, AT HARROW PARK. The Furniture consists of four capital lofty mahogany four-post bedsteads, with elegant chintz hangings ; twelve tent and other bedsteads, suits of window curtains en suite, capital feather beds, hair mattresses, blankets, and quilts ; several superior mahogany wardrobes, chests of drawers, dressing stands, glasses, and tables, and an infinity of articles comprised in sixteen bed-chambers. The drawing room suite consists of two sofas, two couches, lounging chairs, bergier ditto, and eighteen Trafalgar ditto ; rose wood 100, sofa, and two pair of card tables en suite, a six feet centre table, occasional ditto, cheffoniers, fire screens, what-note, writing tables, also a set of mahogany extend ing dining tables, parlour chairs, handsome pedestal side board, two room screens, flour stands, large Turkey, Brussels, and other carpets, hearth-rugs, fenders, fire-irons, Library table and folding steps, hat stands, green-house plants, &c. ; also services of china and glass, kitchen re quisites, dairy utensils, a capital pump, likewise a rick of meadow hay, about forty loads, poultry, horse, cart, har ness, saddles, &c. May be viewed on the Friday and Saturday previous; catalogues may be had the week prior, at 6d. each, at the King's Head Inn, Harrow ; and at Mr. George Robins's Offices, Covent-garden. SANDWELL'S ISSUE PLASTERS. THE GENUINE SANDWELL'S ISSUE PLASTERS continue to be prepared by T. P. ATKINSON; the great demand for these Plasters having induced several persons to attempt similar prepa rations, T. P. ATKINSON, (Successor to Mr. SAND - WELL,) the only person in possession of the original Recipe, respectfully informs the Public, that no prepara tion can be genuine SANDWELL'S Plasters, unless the Stamp which is attached to each Box has his name and address engraved thereon, T. P. ATKINSON, 96, Bishopsgate Without. These Plasters are sold by the Druggists and Booksellers, in Boxes, price Is. SHIPPING INTELLIGENCE. LIVERPOOL. WEDNESDAY, JUNE 24.--High water 43 minutes past four o'clock.—Wind S.S.E.—Arrived the Jacoha, De Jonge, from Havre-de-Grace ; Industry, Parry, from Holyhead ; Thomas Clarkson, Orford, from Ipswich ; Frances, —, from Teigninouth. CLEARED OUTWARDS.--The York, De Coste, for New York ; Dart, Graham, for Newfoundland; Uranus, Nieman, for Bremen ; Pauline, Don Duyts, for Ghent ; Udonia, Vander Molen, ditto ; Dorothea, Mews, Griefs wald and Stralsund ; Hesperus, Oustowarde, Rotterdam ; Henry, White, Drontheim. Passed Holyhead, inward bound, the Belem Castle, from Lisbon. SUICIDE AT WHITECROSS-STREET PRISON. ...An inquest was held before Mr. SHELTON, the Coroner, at the Debtor's Prison, Whitecross-street, on the body of ROBERT JOHNSON, a prisoner confined on the Middlesex side, who came by his death on Monday night, by flinging himself from a window on the fourth story, into the debtors' yard. The Jury returned a verdict—" That the deceased had come by his death by flinging himself from a window, four stories high, in a fit of temporary insanity." LONDON, FRIDAY EVENING, JUNE 26, 1829. ANDERSONIAN UNIVERSITY. On Monday the quarterly general meeting of the Trustees of the Andersonian University was held in the great Hall of the University Buildings, George•street, Glasgow, James A. Anderson, Esq., President of the University, in the Chair. After the reading of the minutes of the Directors for the last quarter, a report was laid before the meeting of the progress of the buildings, both as regarded the interior and exterior alterations and improvements, which referred with satisfaction to the increasing interest felt by the friends of the University in the extension of the. museum and library, not only by large and valuable donations, but by interesting others in the same good cause, and concluded by giving a list of recent donations to the University. The CHAIRMAN then proposed the thanks of the University to Mr. Smith, of Jordan-hill, for the very great attention he has paid to the interests of the University, and the deep interest he takes in its prosperity, which was carried with much applause. Mr. SMITH made a neat reply, and said that though what he gave were sometimes articles of value to him in his studies or pursuits, he derived. some gratification from giving them to an institu tion'so eminently calculated to be beneficial as this was; and besides, he was persuaded, that while in the University they would be useful to others, they would still be not less useful to himself. The Trustees then proceeded to the election of Professors for the Chairs of the principles of Paint ing and Sculpture; of Mineralogy and Nattiral His tory ; and of French and Italian; and on the re commendation of the Directors, made choice of William Ross, Esq., jun., of Howard•street, Strand, London, as Professor of the principles of Sculpture and Painting; Dr. Scouller, as Professor of Mine ralogy and Natural History ; and B. Jourdan, Esq., as Professor of the French and Italian Languages. The Treasurer then announced the state of the funds, from which it appeared that the University, after borrowing the sum necessary to complete the improvements, will have a large annual surplus for extending the University, or reducing its compara tively small debt. After a vote of thanks had been given by accla mation to the managers of last year for their exer tions, the meeting proceeded to ballot for managers for the ensuing year, and the scrutiny ended by de claring the managers of last year re-elected. The Trustees then left the great hall, and pro ceeded to inspect the fine new rooms, in which the apparatus is displayed at one view—in compartments enclosed with glass doors, and arranged according to the history and distribution of physical and chy mical discovery. 'With these, and the handsome library, which is gracefully supported by fluted columns, and ornamented with fine paintings and busts of literary and scientific characters, the Trus tees were highly gratified. Arrangements are in train to afford regular access for viewing the Institu tion, under the charge of a librarian, to the numer ous parties of intelligent and opulent strangers who now make the visit to Glasgow one of the most interesting objects of Scottish tour. EDINBURGH. HIGH COURT OF JUSTICIARY. SCRUPLE; OF CONSCIENCE. In the course of a trial for uttering false money, a Mrs. Turnbull was called as an evidence ; but on being asked to take the oath said, ." I am ready to tell the truth, but I will not swear." _ LORD JUSTICE CLEttx—Are you a Quakeress, or what is the ground upon which you refuse to take the oath ? Mrs. Turnbull—l am not a Quaker. I follow Christ's rules. Christ says, " Swear not at all." LORD JUSTICE CLERK—We all abominate profane swearing, but the law says you must take the oath. What church or body of Christians do you attach yourself to ? Mrs. Turnbull—A Christian body. LORD JUSTICE CLERK—Who preaches ? Mrs. Turnbull—No person in particular. LORD JUSTICE CLERK—Do you preach yourself ? Mrs. Turnbull—No, Sir; but I am not here to answer questions about religion. Lord . GILLIES—What sect do you belong to— what name are they known by ? Mrs. Turnbull— I belong to a body of Christians. Lord GILLIES—What is their name ? Mrs, Turnbull—Christians. Mrs. Turnbull was then removed, and her hus band put in the box. The Court endeavoured to explain to him the necessity and propriety of giving evidence, and asked him to explain what were the scruples which affected hie wife's mind. Mr. Turn bull—l can explain it in a word. It is just because we are Christians we will not swear. LORD JUSTICE CLERK—DO you attend public worship ? Where do you meet ? Mr. Turnbull— We attend worship, and meet in Broughton. The COURT—Who preaches? Mr. Turnbull— I do not think I am called to answer that question. LORD JUSTICE CLERK—If you do not give some satisfactory explanation of your reasons for declining to take the oath—an oath taken by all who give evidence, except Quakers—we must deal with you as a person who refuses to give evidence. Mr. Turnbull—l consider it better to obey God than man. If I am punished for conscience sake I will bear my punishment as becomes a man in that situation. Lord MEADOWBANK—WouId you refuse to give evidence for crimes committed against yourself ? Mr. Turnbull—l know we must suffer much on earth, and would allow the person to escape rather than give evidence. LORD JUSTICE CLERK—Suppose a ruffian were to force his way into your house, and put your wife to death, would you decline to give evidence ? Mr. Turnbull—l would, my Lord. Lord GILLIEs—HoId up your hand, and repeat, after me, the words of the oath. Mr. Turnbull —I will not, my Lord. The LORD ADVOCATE moved that the witness be committed. LORD JUSTICE CLERK—I have to inform you, Mr. Turnbull, that, unless you give us some grounds for your refusal, we must proceed against y o u as against a person refusing to take the oath , an d not being excepted by law. Do you refuse to swear ? Mr. Turnbull—l do refuse, Sir. The LORD JUSTICE CLERK—Then we must commit you to gaol. A warrant for the witness's imprisonment, subject to the future orders of the court, was instantly made out, and he was removed in the custody of a mater. A school-boy, 13 years of age, was lately fined by the Magistrates of Ilminster, in the mitigated penalty of 31. Ss. for shooting at a partridge, which, however, he did not kill. The informer was the person who was with the youth at the time the gun was discharged.=—Chelten ham Chronicle. KERRY ELECTION.---Colonel CROSBIE ar rived in Tralee this day from his seat at Ballyheigue Castle. We understand that the Gallant Colonel is canvassing for the representation of this county at the next election. It is more than probable that we shall have an election for Kerry before the dissolution of Parliament. It is also ru moured that Major MuLurts and Mr. BLINNERHASSET, of Ballyseedy, are also canvassing. There is a rumour of the intention of a Member of the House of Kenmare to offer himself; but we cannot speak con fid ent l y on that subject; it should not, however, surprise, if a gentleman of inde pendence and fortune should offer himself, for the first time, to the electors of his native country, on the first op portunity,— Tralee Mercury, June 20. PARLIAMENTARY PAPER. REPORT OF THE COMMISSIONERS ON THE LAW OF REAL PROPERTY. (Continued from our Paper of yesterday.) FINES AND RECOVERIES. Fines and recoveries of lands in England (not including Wales, and with the exception of lands in the counties palatine, and some inferior jurisdictions) are levied and suffered in the Court of Common Pleas at Westminster. In addition to the essential acts to be dune either in Court, or before a Judge, or a Sergeant, or Commissioners, in levying a fine, or suffering a recovery in that Court, documents must be ob tained at the following offices, viz.—for a fine, two at the Cursitor's Office, one at a Judge's Chambers, one at the Alienation Office, one at the Return Office, one at the Warrant of At torney Office, one at the Custos Brevium Office, one at the King's Silver Office, and one at the:Chirographer's Office ; and for a re coverh two at the Cursitor's Office, one at the Alienation Office, four at the Office of the Clerk of the Recoveries, and one at the Seal Office. The forms and proceedings, both in fines and recoveries, being so very numerous and complicated, it is not to be wondered at that mistakes should occasionally be made. In some cases the Court will rectify the mistakes, but in other cases the Court will refuse an ap plication for amendment ; so that a party claim ing under a fine of recovery may lose his estate, although his title may be defective merely in consequence of some formal error or omission. Applications to the Court for this purpose frequently subject the parties to very heavy ex pences. A fine, or a recovery, in the Court of Common Pleas at Westminster, may be reversed by a writ of error, or avoided on account of mis takes in the proceedings, which the Court will not amend, or of the death of any of the parties before a certain stage of the proceedings, or of infancy in certain cases, or of lunacy as to a re covery in certain cases, or of fraud, and on other accounts ; and a fine may also be avoided on the plea, that neither of the parties had the freehold at the time of levying it ; and a recovery, may be avoided in case the tenant to the pracipe should not have the freehold before the end of the term in which it was suffered. In every stage of the numerous proceedings in a fine and recovery, ex pences are incurred in official fees and stamps ; these, together with the.professional charges of the attorney, come to a considerable sum, vary ing in amount according to the number of the conuzors in a fine, and the number of the vouchees in a recovery ; and also according to the circumstances of the fine being acknowledged in Court, or before a Judge, or a Sergeant at Law, or Commissioners, or of the recovery being suffered by the appearance in Court of the tenant and the vouchee or vouchees in person, or by attorney. In addition to these expences, there are payable at the Alienation Office, a prefine and postfine on the writ of covenant in a fine, and a fine on the writ of entry in a recovery. The amount of these fines depends on the na ture, situation, extent, and value of the property, and they are frequently very heavy, and greatly exceed in amount the other expences. We have been furnished with one instance in which the enormous sum of 4,0001. was paid for a fine. In some cases, where the income payable to the person levying the fine, or suffering the recovery, consists of small ground rents reserved on build ing leases, the fine has been known to be equal to nearly half the annual rental. We have given in the Appendix (Part 4.) an instance of the proceedings in and expences of a fine, without a dedimus, where the party appears in Court, and an instance of the proceedings in and expences of a fine, with a dedimus where the party does not appear in Court, and an instance of the proceedings in and expenc©s of a recovery, with double and treble voucher, with a dedi mus where the vouchees appear by attorney, and with double voucher where the vouchee ap pears in person. It is observable that in these instances the lands were of little value, as ap pears from the amount of the alienation fines, which include the prefine and postfine on a fine, and the sum paid for the writ of entry in a re covery, which includes the fine on that writ. We have also given in the Appendix (Part 4.) the evidence of persons in the different offices through which the proceedings in fines and re coveries in the Court of Common Pleas at West minster are passed, from which evidence it ap pearsow little benefit is actually p ro d uce d to flow the Crown and the patentees as compared with the burden sustained by the parties, the fines payable at the Alienation Office on fines and re coveries, having, upon the average of three years e nding at the commencement o f l as t Hil ar y Term, amounted to 13,449/.65. Bd. per annum. The mode in which these fines are appropriated appears in the Appendix, and the fees payable at the different offices also appear. A married woman, on levying a fine, must be separately examined either in Court or by Com missioners, or before the Chief Justice out of Court ; and in suffering a recovery, she must be separately examined either in Court or by Com missioners. When the lands are in different counties, there must be 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 practi ce i n regar d t o fi n es, when lands were situated in more than one county, to have as.many writs of covenant as there were counties, and to unite all the subsequent proceedings, and to allow the parties to levy but one fine ; but in consequenc e o f a recent regu l a ti o n, it is now ne cessary to have distinct proceedings and a dis tinct fine for each county, the effect of which is to increase the expellees without any apparent reason. Distinct owners of separate lands in the same county are allowed to join in one fine, pro vided a ll t h e l an d s toget h er are stated by affidavit to be under the value of 2001. The benefit t o be deri ve d f rom t hi s i n d u l genc e is very limited, on account of the smallness of the value fixed. Fines and recoveries arc levied and suffered in the Courts of Great Sessions in Wales, in the Courts of the counties palatine, and in inferior jurisdictions, such as Courts 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 be levied in inferior juris dictions, so that as to lands within those juris dictions, a title by non•claim cannot be acquired, and estates tail can be barred by recovery only, and in a recovery of a copyhold the tenant to the plaint, who corresponds with the tenant to the prcecipe in a recovery of freehold, must be made by the person having that estate in the copyhold which is analogous to the first estate of freehold. A fine may be levied at any time, and if ac knowledged in the Court of Common _Pleas in vacation, and grounded on a writ of covenant returnable to the preceding term, it will have re lation back to the day on which the writ is re turnable ; therefore a fine levied as of a preced ing term is sufficient to make a tenant to the prcecipe in a recovery suffered within that term. But in order to make a fine bar by non-claim, where the freehold is acquired by a feoffment, livery of seisin must be made before the day on which the writ of covenant is returnable, so that if the feoffment be made in vacation, the fine must be levied in or as of a subsequent term ; for if the fine were levied as of the preceding term, it would, by the doctrine of relation, be supposed to hare been levied prior to the feoff ment, and consequently would be inoperative as a bar by non-claim, on the ground that "partis finis nihil luabuerunt tempore finis levati:" other mischiefs may arise from this doctrine. Recoveries in the Court of Common Pleas at Westminster can only be suffered in term time ; and in the Courts of the Great Sessions in Wales, and in the Courts of the counties pa•• latine and other jurisdictions, at the times when the Courts are held. All these Courts are held at fixed periods, except Courts of Ancient Demesne and Customary Courts, which may be held at any time. Great inconveniences are ex perienced by parties in consequence of their not being able to suffer recoveries when circumstances render the measure expedient. Estates tail created by the Crown as rewards for public services, arc, by the 34 and 35 Henry 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 of Parlia ment, 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 curtesy, or by any other tenant for life, without the assent of a remainder man or the reversioner, is void. A woman having an estate in dower, or foi 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 husband, 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 Henry VII., c. 20, from discontinuing or suffering a recovery after the death of her hus band, unless with the assent recorded or inrolled of the heirs next inheritable to her, or of him or them that next after her death should have an estate of inheritance in the same lands. This statute as to fines is confirmed by the 32 Henry VIII., c. 36, s. 2. The statute 11 Henry VII., c. 20, has been held not to extend to copyholds ; many questions have arisen upon' i it. As it has nearly become obsolete, and as there does not appear to us to be any solid reason why an estate tail given to a woman by her husband, or any of his ancestors, should be put on a different foot ing from other estates tail, we submit that it will be expedient to discontinue the present re straint. 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 suits, yet its application to fines and recoveries, which are now regarded by the Couits as common assurances, has, as we shall proceed to shew, produced a strange ano maly, by rendering them conclusive so far as re spects the capacity of parties, where other com mon assurances would not be so. If aninfant levy a fine, or in person suffer a recovery, such fine or recovery is conclusive on all persons, un less avoided during his minority upon inspection of his person by the Judges, or unless his mino rity be found by the inspection of his person by the Judges and recorded before he attains twenty one. if an infant suffer a recovery by attorney, it may be avoided, either during his minority, or after he comes of age, because the appointment of an attorney by an infant is void, and that fact may be tried by a jury. If a lunatic levy a fine, or in person suffer a recovery, such fine or re covery is of itself considered conclusive evidence of his capacity, and therefore cannot be avoided. if a lunatic suffer a recovery by an attorney, the recovery may be avoided for the same reason 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 primil facie evidence of his capacity by deed to declare the use 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 conclu sive 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 infant or lunatic tenant in tail in possession, who should make the tenant to the pmcipe by any other deed than a feoffment with livery of sei sin in person, n'that case the deed, being the prin cipal, 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 o f th ere b e i ng no tenant to a the prcipe. So that the recovery, although it could not be directly questioned, might be in directly avoided by invalidating the deed for making the tenant to the pr wipe. But if the tenant to the priecipe were made by a fine and a deed, declaring the use to the tenant, or by a feoffment with livery of seisin in person, the re covery could not be set aside for want of a good tenant to the preecipe, although the fine in case of the infant, or the feoffment in the case of the infant or lunatic, should be avoided. If a re covery should be suffered by an infant by attor ney, and not in person, and the tenant to the pracipe should be made by fine, such fine might be conclusive on all persons, as well parties and privies as strangers, though the recovery might be avoided, so that one record may stand good while the other is avoided, in con sequence of the hew hi s i ncapac i ty . If a recovery should t u t n ed atic in to person, evid ence chew incapacity of the party.. b w e ou s ld uff i e io re t d be by ad a mi l But if he should make the tenant to the pracipe by deed alone, and not by fine and deed, de daring the use to the tenant, - evidence would be admitted to shew 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 occa sionally occur in practice ; and there is no re dress, unless equity can interfere on the ground of fraud. If a tenant in tail claiming the immediate re mainder or reversion in fee, bars his estate tail by means of a fine instead of a recovery, he fre quently prejudices his title by merging in the re mainder 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 he derived the remainder or re version, but also renders it necessary afterWarits to make out his title to the remainder or rever sion, which, in many instances, is attended with great difficulty and expellee. 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 to a fee simple. Titles to lands of the tenure of ancient demesne are frequently involved in considerable difficulties in consequence 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 of which the lands are held. ' As, however, the lands are within the jurisdic tion of the Courts at Westminster, - a fine or re ' covery in the Court of 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 reverse the fine or recovery ; after the reversal, the lands are restored to the ancient tenure, and the fine or recovery is rendered void, not only as to the Lord, but also as to the parties, and all persons claim ing under them. Till the reversal, the parties are absolutely 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, ac cording 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 parties would be effectual to extinguish their rights, yet according to the better opinion, no subsequent fine or recovery can be levied or suffered in the Lord's Court, nor can the tenant claim any pro tection from the Lord, or any right depending on the tenure, till the reversal of the fine or reco very 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 seig nory. Therefore, till the reversal of the fine or recovery, or the release of the seignory, the title is unmarketable. The principles of justice re quire, that the fine or recovery in the Court of Common Pleas of lands in ancient demesne should, when reversed by the Lord, still remain 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 su perior Court is, that the owner, riot 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 opinion, is void on the ground of its having been corant non ju dice. Fines and recoveries are not unfrequently levied and suffered in the superior Court, not from any wish to defraud the Lord of his te nure, but from the circumstance of the legal ad visers of parties not knowing that the lands are of the tenure of ancient demesne, for it often happens, that previously to a fine or recovery the t to a l e i s n el g aolinlmso a d,m p sint p lowl e iel i eri r erlp i ief n eol g f.eor ea Pleas on fhat s t tlih h as l e tleadnns a ud b r s ei t i..i r c a o c title of the lands is not investigated, or there s l nl a h w aoyw i teh t hanitsottchl The county ne palatine, a r t e i recovery e is absolutely levied nve r N rino principlei suffe red\? d: a n a l i sn d; o n r i e in n. a A fi therefore te Cur t w o () f r works be a good one as to lands in those jurisdictions, because the boundaries are well known and de fined. But for the reason above given, it could I not be made to apply to lands held in ancient demesne. Fines and recoveries are levied and suffered to equitable 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 con tingent interests, except in the instance of a re covery 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 rec o v er i es o f 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 between legal and equitable recoveries, so far as regards the tenant to the pracipe. As for instance, in a legal recovery, the person to make the tenant to the pracipe, must be seized i n possession, either i n fact or in law, of the immediate estate of freehold ; but in an equitable recovery, it is sufficient if the person, who is to make the tenant to the pracipe, be entitled to an imme diate equitable estate of freehold, although he may not be in the actual possession, or in the receipt or enjoyment of the rents and profits ; and according to a recent decision, a tenant in tail of an equitable estate, after making a con veyance by way of mortgage, or upen such trusts as leave the ultimate beneficial ownership in him self, can make a good tenant to the prcecipe, without the concurrence of the mortgage, or trus tee. In making the tenant to the pracipe for an equitable recovery, the expedients before re ferred to for preventing forfeiture, or the destruc tion of contingent remainders, 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, it purchased, as tenant in tail, was enabled by a Court of Equity to receive the money if ho 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 recovery. This inconvenience has been removed by two successive Acts of the Legisla ture, the latter of which, 7 Geo. IV., c. 45, re pealing the former, l 9 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 money so circumstanced could, by fine or recovery, have acquired domi nion over the land, if purchased, Thus have we endeavoured to give a general outline of the system of fines and recoveries, and to show their inaptitude to the purposes to which they have been applied, and the shifts and con- PRICE 7D. 'MO - I {