The Sun.
London, England, 1853-07-07 00:00:00

THE SUN, LONDON, THURSDAY EVVNING, JULY 7, 1853

' by establishing a tolerably high standard of quali-
fications, and rejecting every candidate who did
not fairly fulfil all that was expected at his hands,
that is " a complete mistake." " The effect of
competition" (as Mr. MACAULAY justly remarks)
"is to keep up the standard. Every man
struggles to do his best, and the consequence
is, that without any effort on the part of the
examiner, under a system of competition, the
standard keeps up itself." If, however, in place
of the emulation excited—the stimulus applied to
industry by the knowledge that the best man of
many candidates must win—that the honour and
justice of the examiner is bound in giving the
prize to the most deserving—the only requisite is
that a young man already appointed should pos-
sess a certain amount of knowledge, and that, in
case of failure, a heavy stigma is affixed to his
character, that may ruin all his prospects in life,
the matter assumes a very different aspect ; the
compassion, the good nature of the examiner is
subjected to a trial which few men can resist, and
every point is strained to allow the passing of the
party, to avert the painful necessity of stating
that he is unfit for the public service, and of
course for any other. Mr. MACAULAY drew a
very graphic picture of the solicitations to which
examiners are exposed under such circumstances,
and added that "he had seen very firm minds
shaken by appeals of that kind." So far, then,
as the question should rest between the appoint-
ment to these important offices by irresponsible
parties, where merely an examination is required
to say whether the nominee is qualified or not—
and where, as at the College of Fort William, the
candidate is at liberty to call for easier exercises,
if unable to perform those first given to him—or
the selection of the best from many candidates,
at an open and public examination, where the
same appointment is held up as the honourable
reward of successful emulation, there can be no
doubt as to the result. The great point, how-
ever, to be determined is, " whether the India
civil service is to continue to be a close service,
where no qualification, however striking, no degree
of efficiency, can justify a departure from the
beaten track, or the selection of the best man for
an arduous and important duty." That is indeed
a totally different matter, and one requiring
mature and attentive consideration before it can
be finally answered.

Mr. SCULLY'S bill for the more cheap and ex-
peditious transfer of land is, at the same time, one
of the most simple, as it is one of the most effec-
tual, measures ever introduced into either House
of Parliament. Some years since these very
qualities would have ensured its rejection. The
mere lawyers would have regarded with disdain
a short act, unembarrassed with legal technicali-
ties, which professed to deal with such a subject.
They would also have seen that their craft was
considerably endangered byintelligible enactments,
which would nearly, if not altogether, enable
every man to become his own lawyer—at least, so
far as the transfer or mortgaging of land were
concerned. An outcry would at once have been
excited. It might not be " Great is the
Diana of the Ephesians," but it would have
been conceived in the same spirit, and with it
we should have heard, usque ad nauseam, of uses
and trusts, of contingents and vested remainders,
and a variety of names and titles unintelligible to
the non-professional reader, while the most urgent
appeals would have been made for the preservation
of the interests of children yet unborn, to prevent
any inroads on the rights of future generations.
A better feeling, however, now exists. Legal
practitioners have become more enlightened, or at
least more resigned, to these reforms, in accord-
ance with the spirit of the times, which they
clearly perceive have become inevitable ; and, in
place of lagging behind, we find many of them not
only fully keeping up, but even in advance of
publio opinion. Many have, no doubt, been actu-
ated by the most disinterested and laudable mo-
tives. They have led the van in the crusade against
ancient abuses, and have laboured long and steadily
in the endeavour to assail the Hydra-headed
monster, that devoured tke substance of widows
and orphans, and occasioned the most serious
evils, the most flagrant grievancies.

Foremost among this exemplary band may be
found the honoured names of ROMILLY and

BROUGHAM, and numerous worthy and efficient

coadjutors have lent their aid in completing the
task. The names of CAMPBELL, of LA.NGDALE, of
St. LEONAILD, of ROMLLLY the younger, the dis-
tinguished son of an illustrious sire, will be found
in the list ; and the members of the " Society for
Promoting the Amendment of the Law " have
rendered inestimable services to the good cause
by searching out and investigating grievances,
tracing their causes to the very fountains, arid
exposing them with unsparing hands. They
have, certainly, most eminently merited the
thanks and gratitude of their countrymen, and
they will receive it, when our children are
speaking of the evils once tolerated, and
the almost incredible abuses that had sprung
up during successive generations, which
had reduced the unreformed Court of Chancery to
be the shame and scandal of the land. Mr. SCULLY,
too, who by his present propositions has achieved
for himself a very prominent place among legal
reformers, will obtain a niche in the temple erected
in the hearts of the people to the heroes of peace,
who have ameliorated the condition of mankind.
The Hon. Gentleman was manifestly impressed
with the accuracy of the adage--

"Melius est peters fontes, quam Sectari rivulos."

He has, therefore, wisely disregarded the bit by
bit reforms—the patchwork legislation which
has led to so much mischief—and struck boldly
at the source of all the evils connected with the
transfer and encumbering of real estate. He was
well qualified for the task he had undertaken, having,
as a conveyancer and Chancery barrister, acquired
high reputation, which entitled him to the silk
gown he worthily acquired. His pecuniary inde-
pendence, combined with his position as owner
and occupier of land, prevented any clashing of
interests, and enabled him to regard the matter,
from many different points of view, in all its
varied aspects. He has long held strong views on
the subject, and candidly avows that his chief ob-
ject in seeking a seat in Parliament, was to pro-
mote the important object which he had in view.
That object was to promote " Free Trade in land"
itself—to render it almost as easy to transfer real
estate, as money in the Funds or Railway Stock,
and for this purpose to.do away with the tedious
and expensive investigation into titles, and the
voluminous abstracts that struck with consterna-
tion, and frequently deterred from purchasing,
men who would otherwise gladly have in-
vested their available capital in landed or house-
hold property. If this could be accomplished,
it would materially increase the demand for, and
therefore the value of, such properties, and would
remove the most onerous of all the " burdens on
land"—the burdens imposed by the folly of the
landowners themselves. To achieve this end, it
would be necessary to simplify the titles of landed
property, and assimilate them to the titles to rail-
way stock or money in the funds--in fact, to
create that which we have so long and so earnestly
demanded—a simple system of "registration of
titles," where the lands shall be vested in the
name of the owner or owners, and a transfer from
them shall be valid and binding, conclusive as to
all future rights.
For this purpose; Mr. SCULLY proposes that "a
land tribunal" should be established, which should
deal with all questions relating to the title to real
estate. Any landed proprietor desiring to come
within the operation of the Act might apply to
the Court for that purpose, who could there-
upon direct an investigation of his title, and
if that proved satisfactory, grant the prayer
of his petition. The effect of this proceeding
would, to a certain extent, be to restrict his
rights to make future settlements or encum-
brances, save in the manner in the bill spe-
cified. If he required subsequently to raise money
on the security of his land, he could only do so by
debentures issued in a particular form, but he
would be at liberty to make leases as he thought
proper. When an estate was brought under the
operation of the act (which was not •compulsory,
but could only be on the application of the- pro-
prietor), the Court might, after the full investiga.

tion as hereinbefore mentioned, make the order
declaring "all existing estates and interests in
the land, and all encumbrances thereon, and
cause such order to be entered on its books."
That entry would thenceforward, so far as re-
garded "any estate, interest, or encumbrance
appearing thereon, be conclusive evidence against
all persons whomsoever," and the Court might
grant to the person so entered as enti-
tled to any such estate, or interest, or en-
cumbrance, a certificate of his title thereto ;
and " the person so entered as owner would be
entitled to transfer his estate by simple entry in
the books of the tribunal, and that entry should,
without any deed or other assurance, suffice to vest
in the person named in the' transfer all the estate
and interest, in, respect of which the prior owner
appeared entered in the books of the tribunal."
All future charges should, as we have already
stated, be made by the issue of debentures, which,
for sums of say 1001. each, bearing a moderate
rate of interest, might be issued to a limited ex-
tent, under the sanction of the tribunal, and
which, as they would circulate from hand to hand,
like a bank note, and be negotiable by simple de-
livery, would, in all human probability, become
a favourite species of security, almost as much
sought after as Exchequer bills have been. In
addition to the extraordinary advantages con-
ferred on landowners by these important enact-
ments, they would become important sources of
revenue, in consequence of the increase of such
transactions and the stamp duties thereon.
Such are the provisions of this very important
and comprehensive measure ; and we earnestly
hope that it may pass unscathed through the
Committee to which it has been referred, without
being emasculated, or its advantages neutralised,
through the timidity of over-cautious legislators.

Ifttrb Mbitto

NEWMARKET RACES.

(THIS DAY.)

(BY ELECTRIC TELEGRAPH.)
SWEEPSTAKES 10 SOVS.

Mirabeau
Conmore and Hazlenut a dead head for second
£5O PLATE.

Dear Me
Seven ran.
CHESTERFIELD STAKES.

Spinaway
Brother to Mountain Deer
Quince
Won by a head. Thirteen ran
HANDICAP PLATE.
Scandal

Ten ir an.
HANDICAP SWEEPSTAKES.

Hazlenut
Azael
Hambletonian

LATEST BETTING.
LIVERPOOL CIIP.
3to 1 on the fiield.
4to 1 agst Goorkah (taken).
10 to 1 agst Daniel O'Rourke (taken).
GOODWOOD STAKES.I
9to 1 agst Hobby Horse (taken).
10 to 1 agst Little Harry (taken).
100 to 6 agst Joe Miller (taken).

ST. LEGER.
6to 1 agst Sittingbourne (7 to 1 taken).

CARLISLE RACES.

(THIS DAY.)

(BY ELECTRIC? TELEGRAPH.)
LOTTERY STAKES.

Lough Bawn
Friars Hall

Five ran.

LANCASTER RACES.

(THIS DAY.)

(BY ELECTRIC TELEGRAPH.)

HANDICAP PLATE.
Filly by Game Boy
Sir Robert

Three ran.
LANCASTER CUP.

Trifle
Allegro

Five ran.

.. 2

COURT OF BANKRUPTCY---(THIS DAY.

(Before Mr. Commissioner Fonblanque.)
THE WEST INDIA TRADIE.-IN RE LAING.

A meeting was appointed for to-day under the estate,
who had carried on an extensive business as a West
India merchant, and is involved in some of the great
failures. The amount of the debts and liabilities cannot
be ascertained at present.
After some discussion, the case was adjourned ; the
petitioning creditors having died since the adjudication
under the fiat.

SECONDARIES' COURT- (THIS DAY.)

INGRAM V. HALES AND OTHERS.

In this case, noticed yesterday, a verdict of 260/, was
given. The case had not concluded when the report
was forwarded, but it appears that the facts were not
at all of public interest.
The jury entirely acquitted Captain Ingram of any
intention to send out an unsound vessel, as he had gone
to an expense of 3,0001. for repairs, and the ship had
been properly surveyed by the Government and
Lloyd's surveyors ; and, from the best evidence
before them, the vessel was at the time of
sailing a sure vessel. The jury, non juridice,
appeared unanimously to be of opinion that the ship was
perfectly sound, and that the defendants must have been
misinformed, and regretted that sueh an erroneous re-
port had been set afloat regarding the vessel.
The learned Secondary said that he could not officially
receive the opinions of the jury, but the verdict having
been given, he could concur fully in the suggestion that
the defendants had been misled by some of their corres-
pondents.
The Jury, after a few minutes deliberation, returned
a verdict of Guilty.

CENTRAL CRIMINAL COURT.

(THIS DAY.)

OLD COURT.

The court was occupied during the whole morning in
trying Gabriel Sans Garrett, 44, described as an agent,
who was remanded from last session, for attempting to
obtain by false pretences 5001., with intent to defraud
Sir Peter Laurie, and others, the managers of the Union
Bank.

The facts of the case have been fully given in the ex•
amination at the Mansion-house.

Mr. Robinson having addressed the jury for the
prisoner,
The learned judge summed up, stating that he should
reserve the legal questions for the consideration of the
judges.
The learned Judge deferred passing sentence, reserv-
ing a question whether, under the statute, a person
could be found guilty of a misdemeanor in writing an
instrument to obtain monies for a third person, the pri-
soner to remain in custody in the meantime.