The Sun.
London, England, 1853-01-11 00:00:00

THE LAW AMENDMENT SOCIETY.

A general meeting of the Society for Promoting the
Amendment of the Law took place last evening at .then•
office in Regent-street. Mr. Frederick Hill presided
thed by o
ther d di nary
Committee business,
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"1. That the jurisdiction of the Ecclesiastical and Pecu-
liar Courts in matters relating to the grant of probate and
of letters of administration be transferred to the Court of
Chancery.
" 2. That, in transferring this jurisdiction to the Court
of Chancery, it is proposed to give that court the additional
power necessary to enable it to adjudicate upon wills both
of real and personal estate, with or without the aid of a
jury, as the case may require; such court to be clothed
with all the power and jurisdiction which the Ecclesiastical
and Peculiar Courts at present have.
"3. That, in connection with the administration of the
Central Court, subsidiary jurisdiction should be given to
the County Courts."
Mr. J. STEWART moved the following amendment :
" That the present jurisdiction of the Ecclesiastical
Courts, so far as testamentary matters are concerned, is
universally admitted to be unsatisfektory, and requires ex-
tensive reform ; that this reform should consist of a trans-
fer of their present jurisdiction in testamentary matters to
another court clothed with jurisdiction as well over wills
of real as of personal estate ; that to create a new court for
the purpose would be unadvisable, if any existing court
can be found to which such enlarged jurisdiction may be
properly intrusted, and to which complete powers can be
given ; that the existing courts of common law and County
Courts have no equitable jurisdiction or power of dealing
with trustees, or with equitable matters arising on the
construction of wills ; that the existing courts of equity
have no power of empanelling a jury or of conclusively de-
ciding issues of fact ; that in order to do complete justice
in testamentary matters it is necessary that the court to
which they are entrusted should possess the full and con-
joined powers of a court of law and of a court of equity ;
that no thorough or satisfactory settlement of the questions
pending with respect to the testamentary jurisdiction of
the Ecclesiastical Courts can be come to except by the
establishment of a court of conjoined law and equity, hav-
ing jurisdiction over wills of real and personal estate : that
it is the bounden duty of the Government of this country
to provide such a court for tho proper adjudication of all
testamentary matters • that, with the view of promoting
this object, it is desirable that the present Law and Equity
Commissions should be united, and that their attention
should accordingly be called to this important subject by
the society."
A fusion of jurisdiction between the courts of law and
equity was almost universally considered desirable, and
there was reason to believe that the law of this country
would, before long, be rendered in unison on this point,
on the one hand, with the law of Scotland, and, on the
other, with that of America. It was admitted by all
that the Ecclesiastical Courts, so far as the testamentary
jurisdiction was concerned, were in a defective state—
(hear)--and that some alteration must take place. A
new court had been proposed, but he did not think Par-
liament would consent to establish new courts while
there were old ones in existence which were capable of
dealing with the subject.
Mr. Ls BRETON seconded the amendment.
Mr. COLLIER, M.P., proposed a further amendment,
as follows ;
"That the jurisdiction of the Ecclesiastical Courts to
grant probate of wills and letters of administration should
be transferred to the County Courts, provided that in all
cases of disputed prob Ate, where the property exceeds a
certain amount, either party shall be at liberty to remove
the will into one of the superior courts of common law."

The amendment he had moved proceeded upon the as-
sumption that it was not desirable to have a new court,
for the public would be likely to say there were too many
courts already. (Hear.) The points he suggested for
consideration were, first, should they give the jurisdic-
tion of the Ecclesiastical to the County Courts ; and, in
the second place, whether, if they gave that jurisdiction
to the County ourts, the appeal should be to the courts
of common law or to the Court of Chancery. The prin-
ciple of the local administration of justice had been over
and over again recognised by that society, and why
should not the County Cou-rts be able to exercise the
jurisdiction in question as well as they had exercised
every other jurisdiction which had been intrusted to
them ? (Hear.) These County Courts would form
also, in addition to the central registry, a system of
local registration of very great value. He thought the
appeal should be to the courts of common law, which
were better qualified to decide those questions than the
Court of Chancery. The former courts visited the pro-

winces once or twice a-year, and he saw no reason Why
they should not do so oftener, and why the cases involved
in testamentary jurisdiction should not be tried at the
assizes, either before a single judge, or before a judge
and jury, as the parties thought fit.
The proposition having been duly seconded,
Dr. WADDILOVE, LL.D., moved another amendment,
as follows :

" That it is desirable that one testamentary jurisdiction
should be formed in lieu of the various ecclesiastical and
peculiar courts at present exercising jurisdiction through-
out England and Wales, and that for such purpose a tri-
bunal be established, which shall have legal and, equitable
jurisdiction in all matters relating to wills and intestacies,
whether of real or personal estate, which court shall be
styled 'Her Majesty's Court of Probate and Succession for
England and Wales.' "
He believed it was impossible that the County Courts
should exercise testamentary jurisdiction in such a way
as to give satisfaction.
Mr. W. D. Lxwrs seconded the amendment.
Dr. BAYFORD asked what was to be done with the
Ecclesiastical Courts in respect to the other jurisdictions
belonging to them—those of dealing with cases of divorce,
with offences committed by clerks, and those of the Ad-
miralty Court ? He suggested that the whole matter
ought to be referred back to the committee who made
the report upon which the various amendments were
founded, to consider, supposing testamentary jurisdic-
tion were withdrawn from the Ecclesiastical Court, what
effect would be produced upon the jurisdictions he had

mentioned, and which must be carried on somewhere or

other.

After some remarks from Mr. WISE, in support of the
amendments proposed by Mr. J. Stewart,
The further consideration of the subject was, at the
suggestion of the Chairman, again adjourned until the
next meeting of the society.

EXTRAORDINARY MARRlAGE.—Yesterday morning a
most extraordinary scene was presented at the church of
St. Peter's Walworth. In Kings-row, Walworth, a
small building ordinarily used as a cooper's shop is occa-
sionally occupied as a sort of chapel. by a congregation
akin to the followers of the late Johanna Southcote. The
leader of this band an elderly female named Vaughan,
deemed it advisable to become betrothed to a young man
named Peacock, said to be one of the priesthood of the
above sect. Accordingly, yesterday morning, about 11
o'clock, a procession was formed and set in motion to-
wards St. Peter's Church, some of the males wore jackets
of light material, others a species of coronet, and several
singular-looking caps, while around the waist and across
the shoulders of most were polished leather and other
bands and belts, inscribed with apparently cabalistic and
zodiacal characters. The females about 12 in number,
were attired in white with various singular decorations,
and from the head of each depended long showy veils.
In this singular procession were borne 16 various ban-
ners, comprising the standard of England, the union
jack, one for each of the twelve tribes of Israel, one of
the sun, and one of the moon and stars. In the midst
of these was a sort of shepherd's crook, and the bride-
groom, who, together with his venerable companion,
headed the procession, bore on his shoulder a species of
mace, surmounted by a crimson• velvet cap with gold
fringe. On reaching the church porch the bridal party
were compelled, by order of the minister, to deposit their
flags, &c. The Rev. F. F. Statham, the incumbent
performed the marriage ceremony, and the entry in the
register at the vestry was John Clearlight Peacock Pea-
cock, aged thirty years, married to Elizabeth Fairlight
Vaughan, aged sixty years. At the conclusion the bride
conversed very freely with the rev, minister, whom she
urgently endeavoured to convert, declaring that it lisd
been revealed to her that she was to introduce the Shiloh
to the world. The procession then departed in the same
jorder as it arrived, amidst the hooting, laughter, and.
eering of the assembled crowd.
MONMOUTH AND ROSS RAILWAY.—IMPORTANT AR-
RANGEMENT.—We hear from a trustworthy source that
a very important compromise has been effected in refe-
rence to the projected undertaking, by which a threat-
ened heavy parliamentary contest and a renewal of the
terrible battle of the guages" will happily be avoided.
Our information has reference to certain overtures made
one wp
that gentleman's attendance at a recent committee
jmeeting of the company at Newport, where the sub-
oined bases were definitely adopted. The Hereford,
Ross, and Gloucester Company agrees to abandon the
Forest of Dean branch up to Lydbrook Valley, seeking
only for powers to construct a line of railway from Ross
fturtho Mer cononmou sth, in
on return for which concession, and in
iderati of the South Wales Company un-
dertaking forthwith to complete their branch from Mon-
mouth id
Usk to Newport, the Dean Forest and Ponty-
pool promoters abandon all portions of their projected
line, excepting from Monmouth to Coleford, which is
now to be constructed on the broad guage. The effect
of this highly important arrangement will doubtless be
to ensure the successful carrying out of all the under-
takings referred to, and fortunately without the haras-
sing and costly alternative of a protracted contest
through the ordeal of Parliament.—Cambrian.
AFFRAY WITH POACHERS.—On Sunday morning last,
between two and three o'clock, a gang of eight men
armed entered the preserves of Mr. J. Evans Lloyd,
of
Ferney-hall, near Ludlow, for the purpose of killing
game. They were shortly after encountered by the-
head keeper and three assistant keepers ; a scuffle ensued
between the parties, which, as might be expected, the
poachers being twice as numerous as the keepers, ended
in the discomfiture of the latter, they were all knocked
down by the poachers and most murderously assailed by
them with the butts of their guns, which theyactwuahallyt
broke upon them. When Mr. Lloyd ascertained
had occurred, he immediately, at four o'clock a.m., set
off for Ludlow, and sent Mr. Hodgson, surgeon, and
his assistant to the keepers, and also set thepolice
motion.in
The parties are known, and it is to be hoped
will soon be apprehended. 'A reward of 501. has been
offered for their apprehension. Fortunately, notwith-
standing the violence which was used, none of the
keepers have been mortally injured.

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