The Express.
London, England, 1847-11-04 00:00:00

SOCIETY FOR PROMOTING THE AMEND-

MEN r OF THE LAW.

This society &Idlie firstgeneral meeting for the
season, last evening, at the rooms, 2l,Megentatreet. We
are gratified to notice a considerable increase in the members
of the society, which are now upwards of 300, including be-
tween forty and fifty members of both houses of the legisla-
ture, several of the judges, end the most eminent mem-
ben of both branches of the legal profession. The chair
was occupied by Dr. Lushington. The minutes of the last
meeting being confirmed, two new members were balloted
for and admitted. At the last general meeting, on the 28th
of July last, the following subjects had been referred to com-
mittees, and reports thereon requested ;
To consider the propriety of amending the law of landlord and
tenant, by giving the tenant a right to compensation for permanent
improvements; having regard particularly to the percent rule of Law
which prevents an agricultural tenant from removing fixtures.
Thnt the committee be requested to direct their valuable labours to
the consideration of whither any further alterations can be made In
the whole Priem of the jurialiction, pracUoe, and constitution of the
Maidens and Masten' Offices, with a view to obtain • more speedy
and cheap adininiogation of justice in the Court of Chancery.
Mr. STEWART presented the report from the committee on
the law of landlord and tenant. After entering at consider-
able length into the history of the relation of landlord and
tenant, and pointing out the changes in that relation which
time had brought about, the committee showed the inappli-
cability of the law as it stood to this altered relation, and
expressed their conviction that the law, being prejudicial to
the tenant, was contrary to public expediency, which de-
manded that the utmost benefit should be derived from the
land. It had been established, as early ..as the time of
Fleury VII., and so held ever since, that buildings erected
for the purposes of trade and manufacturing, might be re-
moved, but not se if erected for agricultural purposes—a
distinction palpably unjust ; for a tenant ought not to be
required to do more than render up his land in as good a
Mate as it was in what he entered upon it. This principle

had been to some extent recognised by the bill which Mr.
Pulley had introduced last session for the imsrevensent of
agricultural tenantyight. In reference to compensation for
improvements of the soil—more commonly referred to by the
term of " tenant.right"—the committee doubted the practi-
cability, even the justice, of calling on landlords to pa, for
what they had not bargained to purchase. There were also
difficulties in the way of fixing the rate of compensation for
different improvements ...high would vary widely on dif-
ferent soils. It was but right, besides, that the landlords
should have the option of making those improvements them_
selves, if disposed to do so. Where made by the tenants, it would
be a matter of great difficulty to estimate the value of the Mt_
provementa, whatever test wire applied for the purpose
Thecommittee were unable to suggest any method of d • Mpg
this which was not open to serious objections. An attempt
to obviate these difficulties had been made in the government
bill for Ireland ; but its complicated machinery would tea_
der its application to this country very objectionable, on
account of the prolonged litigation to which it would give
rise. Under these circumstances, the committee recom.
mended to gentlemen who had the power of leasing lands,
the importance of rendering those leases as beneficial as Poe.
the tenants.
aa to antith.Tehier owywneirne disposed to rely on the
terests, and not to recom.
oesibolsoe
o to f
landlords
mend any legislative interlerer.ce, which might excite alum,
As to fixtures, they recommended that the power ofremoval
should be fully accorded, the removal to bs effected within a
given time, and without injury to the freehold. With re.
geed to other improvements, if any ligislation were an
tempted, they recommended that it should be carefully
guarded by conditions.
On the motion that the report should lie received and
printed, the chairman expressed his opinion that the report
was a very valuable one, and that many of its suggestions
were well deserving of attention, though he did not think
it necessary that the subject of agricultural improvement
should have been discussed at Do great a length, it being one
on which must persons were agreed.—The motion was
agreed to.
Mr. VANstrTART NEALE presented the report of the
committee on the practice of the masters' offices in chancery,
of which the following ere the principal portions:—
For these reasons. this committee arepf opinion that it would be in.
expedient to adopt the plan of assigning the work now done by the
masters to the superior judges of the court. But in thus detheihg
against this particular plan, they are by no means 'penned to reed
the principle involved in it, that, num ly, of oowfitting the biro,
trammeled at chambers to persons who shall M. 0.. the chmotet
and author ity of judger, whose functions they now practieolly exer-
cise, regulating all matters in their own courts, and differing from the
superior courts only in the greater absence of Remolds. in in their pm.
reduce, and and in has-Mg it as part of their Luty to carry into execution
decrees pronotineed by the higher mutts. In short, instead of makes
the judges set as masters, the think it would be better to arm the
masters with the authority of judges. The suitor would in every my
(except perhaps:Tolle:Anon/. fur an injunction) bare two courses open
to him. Ile might go at once before the master upon a petition in the
nature of a Mate of facts, with the power of tninaing any qthstioh ta
the MAW before the higher court by way of appeal from the manes
decision. Or he might proceed by bill and answer, and oht tin the de.
eision of the court upon his ea.!, so far as stun the evidence before
the court it was possible to decide it. This drci-ion might sometimes
be snot. But often the court would be unable to do more than to de.
ears generally the righis of the turtles. The tact., to which Mae
right, had to be applied would not be ascertained with •lifflcient pee.
eision to make a good decree possible. But in either ease the motes
should act am an independent judge in a court of his own ; wren a
reference wax made to him by the superior court the claw should be
before him, and no longer before that court. All subrequent applao
bans in it should be made to him in the first instance. lie shos%l
hare full power to originate whatever inquiry or make whatever
order he judged necessary to do justice between the parties as fully
as the superior court could do Itself, though of course he could not
rehear its decree, or make any order incothhstent with it. liver the
meta of till proceedings before him he should hare complete wavy
with the same restrictions upon the right of appeal for costs as row
apply to clectsione of the Vice... Chancellors or Master of the 10011,.
The meth of the proceedings in the superior courts it would lie with
them to dispose of, either at the original hearing or after the mower
had conic to Lis decision on any question refereed t• him. The
masters' court, might also, as they do now, useliely assist tic suitors
in the superior court., by enaaling them to carry on preliminary
inquiries as to parties In the cases before noticed, whim,
from the plaintiff having to prove a negative, it is int-
, possible for hint to establish his case be evidence in Use
ordinary way. But these Inquiries ahould not be made
under an order of reference foam the superior court. The
suitor should he required to /wady the court, by the master's artie-
r:ate, that the inquiry hall been properly made ; and he should have s
right to apply to the master to make the inquiry—a right which
might wi II extend to all ease where a reference to the master cat
now be obtained before the hearing The forms of procedine is the
masters' mutt might he regulated by orders made from tine to time
by the majority of the mask r• with the approbition of the Lord Chan.
cellor. It would seem to follow naturally from the proposal of making
the masts judges, that their court., as all other English courtly
should be public, though with a discretionary authority in the mos.
ter to hear any particular matter* in private; us it would also be a
natural consequence of the same plan that they, like other English
judge., should habitually state the reasons of their decisions. Bub
considering the opinion which appears to prevail among the masters
themselves, and is adopted by so competent a judge a Mr. held,
" that two-thirds of the business is better done in a private room,.
this committee hesitate to recommend the Rafter.' adoption of poen,'
@Hinge, though their own opinion is In favour of making public sit.
tinge the rule, and private the exception. New and more conveniently
arranged costa :Or the masters, under the same roof with the musts
of the superior judge., seem to as an almost indispensable requisite
for the complete attainment of a gist sthtent of conducting business
before the masters. It will perhaps he objected to this plan that
there are cafes, where at the original hes. Mg an sluts
tire of decision may be open to the judge. dependent upon
the result of proceeding. before the master, and that on
the proposed system the judge would he required to decide upon both
alternative., though ultimately hie decision mien one only would In
required. This committee think, however, that the increased labour
to the judge in a few cams ought not to be put into comparison with
the advantage to the suitor, in by fur the greater somber, of being
eared the necethity of a second aeries applcotion to the court.
Again, It may be urged that the facts as they &pmtr at the hearing
may not enable the judge to nuke any decision. The reply la, then the
hill ought either to be distal:4rd or to Stand ever till clearer evidence
in adduced; or, if the court should think it desirable to send the
muse before the master, the reference should he made in such terms
as would lease the question to be decided by the master in the first
inthance, and to come before the superior court only on appeal.
But It appears to this committee that the plan of increasing tho
powers of the masters has further a great advantage over that of
Committing the business now transacted by them to the superior
judges, in the facility which It would afford for rewarding ability in
I the conduct of that business, by making the maters' courts a recog-
nised, though not excluaive, rood to the bench of the super kw courts.
Without in theidightest degree imputingeither to the present or any
future judges of thecourte of equity an uthemitility to the nobler mo-
tives which lead to the faithful discharge of judicial dot ice, this mm.
miner thin think that a judge whore only Means of distinction would
be the way in which he conducted chamber business, but who by dis-
playing ability in the conduct of that might reasonably look forward to
promotion, would he more likely to conduct that Mothers', wet, than
one who, with but slight prompect of any promotion' would enamel:ay
gain little thermos of reputation by attending to his work at
chambers, and lose little by neglecting it. It also scents not an.
deserving of attention, that it must be easier to secure a certain
number of good judges for the superior nouns, and a certain am-
ber tor the inferior, that to fled the combined number of judges et
once equal to the duties of the higher eituation, and willing to attend
to those of the lower. The greeter the number of judges required
for chamber bthinesa the stronger doer thin argument become.
If the masters were tamed into judges, aa propose.) in this report, a
considerable saying in the time of the superior courts would probably
be effected, by a removal from them of a mass of causes, or matters
arising in counts, which would at woe be disposed of by the masters.
some advance would thus he made, without any addition to the pre.
sent judicial strength of thaw mutts, towards the means of forming
court of appeal out of two of the subordinate judges with the Lord
Chancellor, or three in his abseriee ; a cowl the f irritation of which
would probably conduce much to prevent appeals, though the right d
further appeal to the Lords might be retained to preserve uniformity
of decision. The appointment of a permanent chief judge in equity
would, we conceive, be a valuable addition to such a court lastly,
upon the plan of treating the masters as subordinate judges, there
would be little difficulty in providing fora possible increase of bushier.,
either by increasing the number of maidens in London, or by appoint-
ing load Master., a. there are local bankrupt cormnissioners; a pima
which might also afford facility for the rive roc,' examination of nit-
res., Greater difficulty would probably be experienced in providing
for such an increase of business by incrething the number anthers.
Mr. NEALit, after noticing in detail the recommeodations
of the report, moved that it should be received.
Mr. W. H. CEARRR stated what woo the practice of the
masters in Chancery in Ireland, who held an open court, by
which the whole system of warrants, so detrimental in this
country, was got rid of. He feared the plan recommended
in a former report, for transferring the whole business of the
masters' office to a judge at chambers, was rot practicable;
the most reasonable course was the one now suggested.
Mr. J. STEWART advocated the transfer of the business to
the judges at chambers, on the ground that the majority of
cases would be decided by one man, instead of having to
come before two persons, as at present. He contended that
Chancery reformers ought to rest satisfied with nothing less
than the abolition of the masters' office. At all events the
experiment might be tried without injury.
The CH AI It3l•Rt doubted the practicability. of trying each
an experiment. The judges, instead of having their atten-
tion confined to questions of law, would be largely occupied
with examining minute particulars of fact; and such an et-
rangement would involve the necessity for a great increase
in the number of judges. At the same time be Wu quite in
• favour of relieving executors and other persons in trust from
the necessity of proceeding by bill and answer. The meters
might be made most efficient officers by requiring them to
re in within a given time.
The report was received, and the proceedings thea termi-
nated.

STATISTICS OF I'AIIPERISII. The population of
Sweden amounts to about 3,500,000 souls, and has only 3
mendicants in every 400 persons, while in Norway they
reckon 5 out of every 100 ; in Denmark, 4; in Wurtembeig,
5; in Switzerland, 10; in Italy, 13; in France, 14 ; and in
the British Islands collectively, 17; although in England
separately there are only 10. In France, the number d
foundlings supported at the expense of the state was, is 1844,
123,39+, demanding an annual outlay of 6.707,829 f. 12e., or
54f. 6e, a head. In Paris the charitable establishments
afford relief to 95,000 paupers. At Berlin the number of
mendicants has become doubled between 182: and 1816; the
number of families in that capital supported by charity has
increased from 2,990 to 3,445 In London it is computed
that there are 25,000 persons who daily practise mendicity or
robbery.—Galignemi.
WEST INDIA INTEREST.—Sir,—In reply to what
is usually styled a " dabbing article " against West In-
dians, which appeared in your columns some weeks since,
permit me to make the simple statement of • fact. As
account of sales of six hogsheads and two tierces of legit,
handed me by my merchant a few days ago, gave me the
following results :
Duty to government
Net proceed. Bl 0 4
A similar male of one hogshead gave
For the government duty
Net proceed. ll 18 10
giving a proportion in each instance of two4Uths to the
government, and of three to the proprietor of the estate;
with this difference only, that the government receives the
cash : the proprietor has immediately to hand It Ore, to
others, to defray the cost of production. The balance-sheet,
therefore, of a West Indian estate of 5,00 W. per annum will
be as follows :

Proceeds of estate
Duty to government ...... £2,000 0 0
Cost of production 3,000 0 0
3,000 0 0

Balance for the proprietor 0 0
Prom which it appears that government derives a revenue of
2,0001. per annum from an estate which gives its owner
nothing. I appeal to your own sense of ustice, whether
this is a right and equitable gate of things; In conclusion,
1 would propose two questions he your oolutthe ; —ls it not

a misnomer to can that "free trade," by the fundamental'
regulation of which the government abstracts the lion's share
otwo-fifths of a man's property, before he himself can touch
a farthing of the other threa4ifths ? Secondly, If Sir Robert
peers income tax has been felt to be burdensome, what
would the nobles and common, of England—the merchant,
the in inuficturer, and the landholder say, if the government
attempted to levy a tax upon them which should absorb their
whole income'—Q.— 1, 1847.
THE MODEL PENNE.—Yestettlay the new model
Denny wes issued fmm the mint for circulation, and a num-
ber el men who obtained a quantity made a plentiful harvest
by retailing them at to opener and threepence each. They
are a eery neat coin, about the size of a farthing, the centre
bring formed of silver, having ow the right aide a profile of
her Majesty, and on the obverse the Roman numeral 1.,
eartouinted with a rim of copper, inscribed " The Model
Peony.' Five-shilling pieces, with gold centres and silver
rites. made on the came principle, are coming out.
CONTINENTAL INTERCOVIVE.—The returns of the
numbers of passengers passing through the ports of the
Channel, give the following numbers : Through Boulogne,
1519: through Calais, 286. Corresponding period, 1846 :
Through Boulgne, 1,515 ; through Calais, 378. The 1,519
passengers may be thus putelivided • From Folkestone, 492;
tion, Dover, ; lrom London, 135 ; total, 700. For
Folkestone, 510 ; fur Dover, 179 ; for Landon, 160 ;
total, 849.
THE SALE OF 11VGIIIIn' MAMMOTH F.STABLISTI-
- was continued yesterday by Mr. Robinson. The
articles Fold consisted almost entirely of the wardrobe, and
nothing occurred calling for special notice. The competi-
tion was a little mote spirited than on the preceding day.
The lot which realised the largest price was a chandelier,
which sold for 12l 12s.
INCH'EST, YESTFEDAY.—ACCIDENTAL POISONING.
—Before Mr. Bedford, at the Grange Inn, Carey-street,
on the hniiv of William Allen, aged 35,
a bone and rag gatherer, residing at a low lodging-house,
61, Charleuetreet, Drury-lane.—diehard Felder said that
the deceased returned home at 4 o'clock on Monday last,
and, as eon as he entered the door, fell down in great
agony. He told witness that, while parsing through a mews
in Guelvecstreet, he picked up a paper tilled with stuff like
s-agar, and that being very hungry, as he had eaten nothing
all day, be ate a portion of rt. Witness took him to St.
Gaes's workhouse, but the medical calicsrs were not there,
and, after waiting three-quarters of an hour, he conveyed
him to King's Col^ge Ho-pit•L—Mr. Tanner, physician of
the hospital, said that the deceased died the next morning.
lie made a put modem exam:nation, and found • quantity
of ar-enie, the cause of death. Immediate medical moist.
ante might have saved biro.—Verdict," Died from arsenic
taken in mistake."