The Sun.
London, England, 1854-05-17 00:00:00

THE CIVIL SERVICE.

Mr. VINCENT SCULLY announced the withdrawal of
the motion of which he had given notice on this subject.
CORN AVERAGES (IRELAND)—TITHE-RENT
CHARGE (IRELAND).
. . . . .

Mr. BLAND moved for leave to bring' in two bills, the
one having for its object to establish " a better and more
general mode of taking the average price of corn and other
agricultural produce in Ireland," and the other " to pro-
vhle for the annual variation of the rent charge in lieu of
tithes in Ireland, with reference to the averages of the then
next preceding seven years." The honourable gentleman
briefly explained the present state of the law upon these
subjects, and the inconvenience resulting from it, and
stated that the object of the proposed measures was to
assimilate it to the existing law of England.

Sir J. YOUNG said, with reference. to the first bill—
that which proposed to provide a better mode of taking the
corn averages in Ireland—he had no objection to offer to
its introduction. On the contrary, he thought it so ne •es-
s:ary that some measure of that kind should he introduced
that ho had hi, self ordered a bill to be prepared.
M. FRENCH hoped the right hon. baronet, whose con-
sent to the bringing in of this bill ho had heard with plea-
sure, would order his own bill to be laid upon the table at
the same time.

After a few words from Mr. THORNELY, leave was
given to bring in the bill.
With reference to the bill for the variation of the tithe
rent charge,
Sir J. YOUNG— admitting the force of the hon. gentle-
man s observations—would not object to its introduction,
but thought it right to express his apprehension that great
ilitlieulty would be found in dealing with the subject. The
tithe compositions in Ireland were (as wo understood the
right hon. gentleman) on a different basis, anti hail been
arrived at by a different process from that which had been
gone through in Engl ind ; and he was afraid that if they
atefteort htime(eto,
justice
evowuiltpnt be done.uothavin
having all the data clearly
b
After some further conversation, leave was given to bring
in thi bill.

DISPOSAL OF PROPERTY BY MARRIED WOMEN.

Mr. MALINS rose to move for leave to bring in a bill,
which, he said, was one of great public importance, and cal-
culated, he thought, to make a material improvement in the
laws of this country. The house was aware that by the old
law relating to the property of married women no married
woman could alienate any property in reversion, except
by an expensive process of fine or recovery, which threw
great difficulties in the way. But in 1853, in consequence
of a report made by the Real Property Commission, a great
improvement was effected in the law, so far as concerned
real property, by which a married woman having a rever-
sion in property, of which she was expectant on the death
of another, could go before a judge or a Master in Chan-
cery, and there, by a simple deed, make as complete
ap alienation of the reversionary property as if she
were unmarried. But that law did not apply to personal
property, so that if she had 1,0031. or 2,030 L, of which she
was expectant on the death of a friend or parent. be the
exigencies of her family what they might, she could not
alienate her reversion except at the merest nominal price.
Even if she concurred with her husband in its alienation,
still the law held that that concurrence was not binding
upon her, being under coverture ; so that if she survived
her husband, she could, after all, claim the property as
her own. The law was intended to protect the married
woman ; but its operation was to render the reversion
during her husband's lifetime absolutely valueless. Now,
he wished to remedy this state of things, by proposing
that a married woman should have the same power to deal
with personal property in reversion which the law already
gave her to deal with real property. There was one other
object which he wished to effect. At present, when a
,narried woman came into possession of property, it was
the rule of the Court of Chancery that she was entitled to
what was called a settlement of equity, which was gene-
rally held to amount to one-half of the property. The
practice of the Court of Chancery was, that a married
woman should appear before a judge or Master in Chancery,
who examined her in private as to her wish to have this
settlement made, or whether she waived her right. He
;Mr. Mathis) had had a good deal of experience in this
matter, but he never knew a married woman claim her
equity of settlement except in one instance, and that was
under a misapprehension. He proposed to provide, that,
without personal appearance before the court, which was
always expensive, anti often inconvenient, a married woman
might be at liberty by a simple deed to waive her right to
equity of settlement.
Mr. LOCKE KING seconded the motion. He con-
sidered this a step in the right direction, and he hoped it
would prove the earnest of a much larger measure of law
reform.
The SOLICITOR-GENERAL concurred in the con-
.lan►nation of the present state of the law, as described by
his hon. and learned friend, and which originated in a
decision of the Court of Chancery, pronounced about 70
years ago a decision which proceeded on a mere fallacy,
nit which had been repeated by one judge after another
till it had been established as a , rinciple. The effect of
this decision was, that though a woman might be entitled
53,0001. in reversion, stilt the possible claim, in the
::vent of her husband's death, so diminished its value that.
it would hardly sell for 201. The whole case was quite at
variance with the general principle of law which pre-
served, as far as possible, an analogy with respect to real
mild personal property. Without pledging himself, there-
:ore, to all the details of the bill, he had no objection to
its introduction.

The ►notion was then agreed to, and the bill was ordered
o be brought in.

PREROGATIVE COURT.

Mr. HUME moved for the appointment of a select eom-
uittee to inquire into and reoort upon the state of the
present public registry of the Prerogative Court, use as a
testamentary office, and whe her a better office can be esta-
blished for the keeping and preservation of wills. The re-
port on this subject, which was lai I that day upon the
table of the house, declared that thecustoly of testamentary
locuments of great importance was at present most toss,
isfactory, and that the number of places in which such
instruments were deposited rendered it most difficult and
.apensive, and in many cases impracticable to make the
lecessary searches when dealing with the property of de-
ceased persons. In regard to Doctors'-commons, the room
appropriated to these documents was very narrow and in-
convenient. He saw from 15 to 16 persons on one occasion
referring to wills in a passage where there was scarcely room
For individuals to pass each other. In 1832 Dr. Nicholl re-
ported upon the necessity of having a better building appro-
priated to this subject. Nothing could be more satisfactory
than the arrangement made by Major Graham, the Regis-
trar-General of Births, Deaths, and Marriages in Somerset
House. As Doctors'-commons was but leasehold property,
and as the interest would expire in 1857, the building, with
all the wills therein, would fall into the hands of the pro-
prietor, if something be not immediately dune in removing
those documents to some other place. The hon. member
concluded by making his motion.
The question having been put,
The SOLICITOR-GENERAL said that the question was
one of paramount importance. It was one that had
engaged the attention of successive governments. He now
hoped that we were on the eve of seeing something done to
remedy the evil. He only regretted that the motion had
not been so worded as to point to the great convenience of
having a place of deposit of wills adjoining that place of
;Teat statistical information, which was in immediate con-
nection with the subject of wills, and which was so
admirably arranged by the intelligent officer to whom the
hon. member had alluded. If such a plan could be effected
it would prove of the greatest possible advantage not only
to the lawyers, but to every class of persons connected
with property.
Mr. H A DFIELD thanked the hon. member for Montrose
fur bringing forward this subject. It was now high time
for them to consider how those wills were to be finally
disposed of.
Mr. MALINS said that the second reading of the Testa-
mentary Jurisdiction Bill was fixed for the 29th instant,
and that, among other subjects, that relating to the cue
tody of wills would then come under the consideration of
the house It was extremely inconvenient, therefore, that
when a discussion upon that question was about to take
place in a few days, the Government should accede
to such a proposition as that which had just been
ma le by the hon. member for Montrose. He might
also observe, that for the last two centuries wills were
might to seeeinthe thmoestm. In fact,easyandr in those cases wheredymsnnerto all who
who
nthe
names of the parties and the date at which the will was
made were known, the instrument might be procured in
ten minutes at a charge of only ls. A commission had also
inve,tigated the subject, and under those circumstances
he trusted the hon. and learned gentleman the Solicitor-
General would be induced to pause Wore he assented to
the appointment of the conamittoe.
After a few obierva+inns from Yfr. 97T1`1E,in reply the
alu;duil Was Aclreod to.

INDUSTRIAL AND PROVIDENT SOCIETIES BILL.
This bill was read a sermad time.

ENROLMENT OF THE MILITIA.
The address in answer to the Queen's message, ordering
the enrolment of the militia, was considered and agreed to.
MANNING THE NAVY BILL.

The house went into committee on this bill:
Clause 1 was agreed to.
Clause 2 having been put,
Sir J. GRAHAM, in reply to Sir G. PECHELL, said he
was not prepared to recommend any alteration in the law
as it now stood with reference to the amount of bounties.
In clause 11, however, it was proposed that henceforward
the payment of those bounties should not be made to the
agent, but to the accountant-general, who should distri-
bute the money in accordance with the orders of the AA-
miralty.

Sir G. PECHELL made some remarks upon the subject
of bounties for killing or capturing pirates or slavers.
Sir J. GRAHAM stated that the Admiralty had the
power of according bounties for such cases, anti he had
acted on the power repeatedly
Mr. HUME considered the system of bounties for kill-
ing men was inhuman. It resulted in a sad slaughter of
innocent men ; and as there was a higher prize for
killing than for capturing, it held out a premium for in-
humanity. Hundreds of thousands of pounds had been
paid to reward slaughter of innocent men. In hundreds
of cases men were slain for the sake of the bounty who
were nut pirates at all It was an atrocious system, dis-
creditable to the country.
Mr. OTWAY said that the bill was in opposition to the
opinion of the best authorities in the profession, and even
of some of the authorities of the Admiralty. "
Sir J. GRAHAM said the hon. member was utterly
misinformed as to the Admiralty, and he believed he was
as utterly misinformed as to the profession. The system
in the last war was found very vicious, and imperatively
mequireal improvement. This was the object of the bill,
which was framed in order to distribute prize money
fairly. It would materially affect the distribution in
favour of the crews engaged in captures.
Sir G. PECHELL complained of the extortions of the
High Court of Admiralty.
Sir G. TYLER said he had never heard of any great
defalcation among navy agents in this country. He knew
many of them, and believed them to be an honourable class
of men. At all events it was not fair to condemn the whole
body for the faults of a few. With regard to the bill, he
thought they had better go on, and take the clauses in the
order in which they stood.
Mr. OTWAY said that for the second time the right hon.
baronet at the head of the Admiralty bad made the most
unfair insinuation that he was the advocate of the navy
agents, and that he (the right hon. baronet) was the advo-
cate of? the officers and seamen. He had no more connection
with navy agents than the right hon. baronet had. The
right hon. baronet knew that all his (Mr. Otway's) earliest
associations were with the navy. If he had thought that
this bill would act in favour of the officers and seamen, he
would have been the last person to have offered any objec-
tion to it. The right hon. baronet assumed that between
30,000/. and 40,0001. had been lost by the defalcations of
navy agents in England. [Sir J. Graham—Not in Eng-
land.] That was the question. If the failures hail taken
place in the West Indies, what security was there in this
bill that they would not take place again? By whom
would prize money in the West Indies be paid? [Sir J.
Graham —By the commissariat.] Since the right hon.
baronet has been so unsparing of his aspersions on private
agents, and so "much in favour of commissariat agents, he
would refer the right hon. baronet to a paragraph in a
mourning paper of the other day, in which the failure of an
important functionary of the Admiralty Court was an-
nounced to no less an amount than 66,0001. He challenged
the right hon. baronet to prove his assertion that anything
like 30,0001. or 40,0001. had been lost by the failure of navy
agents in this country. There were numerous cases in the
late war in which the agents of captors had procured the
condemnation of prizes against the opinion of the law offi-
cers of the Crown *There was the case of 'the Semarang,
the other day, in which the grant was opposed by the Ad-
miralty Court, but iu which the agent procured the distri-
bution among the seamen and marines of prize money to
the amount of 13,0001. Would the right hon. baronet say
that the interests of the officers and men would be less
looked after by their own private agent than by Govern-
ment officers? No one could suppose that the whole of
the business connected with prizes during a long war could
be carried on by the present staff of the Admiralty.
Within the last fortnight he had made inquiries among a
great many officers regarding the proposed alteration, and
he had not met with one single officer who approved of it.
Admiral WALCOTT thought that the navy agents had
every inducement to look totter the interests of officers and
men. Ho believed that the right hon. gentleman had
brought in the measure with the best intentions. but he
believed it. would not be attended with the advantages
which its promoters calculated.
Sir J. GRAHAM thought that it would be more conve-
nient to proceed as the hon. and gallant member had sue-
gested with the clauses as they stood. But after the sueecii
of ;.he hon. member for Stafford, he must refer to one or
two points. He had not stated that the loss sustained had
been from the failure of navy. agents in this country, but
from the failure of navy agents generally. He would not
mention any names, but he held in his hand a list of cases
showing the losses sustained by failures of agents from 1812
to the end of the war. One of these was an agent ia the
West Indies, who failed to the amount of 33,0001., of which
not more than 19,000/. was recovered; another for 21,00 X,
of which not more than 10,0001. was recovered. Another
was the case of a Lon ,on agent to the amount of 24,000/.,
of which not more than 12,0001. was recovered ; another in
Jamaica to the amount of 115,00 1.. of which not mome
than 70,000/ had been recovered. The last case was that of
a London agent in 1844, to the amount of 6,0001., of which
not more than 2,3001. was recovered During the war great
failures took place, and heavy losses were sustained. With
regard to the defects in the Admiralty Court they had
mainly been corrected ; but the appointments had been
placed under the immediate control of the Admiralty judge,
Sir S. Lushington, in whom all had confidence. With re-
spect to the failure of the registrar of that court, alluded to
by the hon. member, no securities had been taken on his ap-
pointment, but ample precaution and security had been
taken in the appointment recently made. Under the old
system the registrar of the Admiralty, for a certain period
after the condemnation of the prize, kept tae proceeds un-
der his control ; but by this bill the money immediately on
being realised would be paid into the public account. It
had been asked where the seamen would go for their money,
They would go to the paymaster-general or to the account-
ant of the navy. The money would be paid into the pub-
lic account, and the public would be responsible. With
respect to insurances on prizes, that point had not been
overlooked, and directions had been given that the prizes
should be insured. The hon. member had assumed that
uo private navy agents would in future be employed, but
that was not the case. If the majority of the, captors
thought that their interests would best be consulted by
their appointing agents, there was nothing in the bill to
prevent them doing so. The agent's commission was fixed
at 2'; per cent., with an addition of 3 per cent. on the pri-
vate share of the captain, so that it could not be said that
the interest of agents had been much neglected.
The clause, as also clause 3, was then agreed to.
Oa clause 4 being read,
Captain SCOBELL reminded the committee that in the
course of last session he had endeavoured to introduce
amendments which would have the effect of encouraging
the entry of men into to the navy. If anything would in-
duce men to enter her Majesty's service, it would be the
holding out of an encouragement in the shape of bounty.
The right hon. gentleman hail stated that it would require
a sum of 200,0001. to give a bounty to men entering the
naval service. He denied, however, that it would amount
to anything like that, as he would not give the bounty to
any but able seamen, and half the money would be amply
sufficient. But a better plan still would be to give the
men a pound a year for every year they would enter for,
and that would enable them to get the ships to sea and
have them employed actively much sooner. A pound a
year would only be three farthings per day, and he was
sure the,servicee of able seamen were well worth that sum.
The hon. and gallant member then proceeded to take ex-
ception to the arrangements made in the bill with regard
to the division of prize-money, which did not award a
fair proportion to the leading and able seamen.
Sir J. GRAHAM said the arrangements now made for
the distribution of prize money were in strict accordance
with the recommendations of the navy committee. As
regarded the question of bounty, ho would observe that
th prize money to which the seamen were now entitled
would be a bounty in the most legitimate sense, inasmuch
as it would be paid by the enemy instead of by this coun-
try. If the scale was compared with that which existed
at the beginning of the last war, in 1793, it would be
fon Id that the seamen and petty officers receive I a much
larger sum now than then, anti at the expense of the flag
officers and captains. (Hear.) He hoped that explana-
tion would satisfy the committee that the interests of the
seamen were not neglected by the present Board of Admi-
ralty.

After a few words from Sir G. PECHELL, the clause,
as alsu clauses 5 and 6, were agreed to.
Clauses up to 21 wete passed.
On clause 21 being proposed,
Mr. OTWAY hoped the right hon. baronet would agree
to report progress, as he had a long amendment to propose.
Sir J. GRA -LAU hoped the hon. member would not
obstruct the progress of the bill by his proposition to report
progress.
Mr. OT WAY said his amendment had reference to the
payment of prize money into the hands of the Government
accountant. Now, after what had been said about the un-
trustworthy character of many Government officers, he
hoped precautions would be taken to prevent any objec-
tionable appointineLt to the post uf Government accountant.
If the money stood iu the joint names of the Paymaster-
General and the agent of the captors, and was paid by them
into the Bank of England, nothing could be more secure
or satisfactory than such an arrangement. He hoped the
right hon. baronet would assent to his proposition.
Sir J. GRAHAM objected to the amendment, because
it was totally opposed to the principle on which the bill
was founded.
After a brief conversation, in which Sir G. TYLER and
Sir G. PECHELL supported the view of Sir J. Graham,
Mr. OT WAY withdrew the amendment.
The clause was then agreed to, as also were clauses down
to 33 inclusive.
Clauses 34 and 59 were omitted.
Clause 41 was postponed.
The remaining clauses of the bill were agreed to.
NAVY PAY BILL.

The Navy Pay Bill then passed through committee.
The house adjourned at half-past one o'clock.

SHIPPING INTELLIGENCE.

NOTICE TO MARINERS.

CHANGES OF LIGHTS AT CAPE HATTERAS, BODY'S ISLAND,
AND OCRACOKE (COAST OF NORTH CAROLINA).
In conformity to the Notice to Mariners, issued from
the Office of the Lighthouse Board at Washington, under
date of December 1, 1853, notile is hereby given, that the
proposed changes will take place simultaneously at the
three abovenamed lighthouses on the night of the Ist of
June next (1854).

• CAPE HATTERAS.
The Cape Hatteras light will be a first order Fresno.'
flashing lens, exhibiting, in every 20 seconds of time, a
brilliant white flash of 8 seconds' duration, followed by a
total eclipse of 12 seconds' duration.
At the distance of 14 to 18 miles the duration of the
flash will be somewhat less, and that of the eclipse propor-
tionably greater.
The height of the tower from the ground to the top of
the lantern is 140 feet.
The colour of the tower from the ground to the height
of 20 feet is grey, and the remainder red.
The tower is placed about two miles from the point of
the Cape on the southward and eastward extremity of a
long ridge of white and naked sand, backed by woods.
The space of about two miles between the lighthouse
and the pitch of the Cape is a low, fiat, and bare sand
belch, very little above extreme high water.
Tim light will be 150 fe,;t ~hove the levy! Of ':re sen,
be seen in good wed! her from a position 15 feet
above the water, at the distance of about 19 nautical or 22
statute miles. _

porsitioh of the Cape Ilatteran

.0.• ...."'"

house, as determined by the coast survey, is lA. $5 diego'
15 min. 11 sec. north, long. 75 deg. 30 min. 33 I la. 9r
from Greenwich.

BODY'S ISLAND.
The Body's Island light, about 32 nautical mile •to
north-ward of Cape Hatteras, will be changed at t 61r,,,
time (June 1, 1854,) to afourth order Fresnel fire, d whu"
light, varied by alternate red and white flashes.
This light will be 50 feet above the level of the s es, 0
the white flashes should be seen in good weather frol°;
position 15 feet above the water at the distance of a touts
nautical or 15 statute miles ; the fixed light not c la tits. 0
far as the white flashes and the red flashes at a less c Ise str 104
than the fixed white light.
The approximate position of Body's Island light), a $
terwined by the Coast Survey, is lat. 35 deg. 4T min. 213
sec. north, long. 75 deg. 31 min. 20 sec. west from G: ref Iv
ich.

OCRACOKE.
T1:43 Ocracoke light, about 234 nautical miles f a t 111.,
south ward and westward of Cape Hatteras Light] loaf
will 13,-; .c hanged at the same time (June 1, 1851) to a !bur w'
order Fr, snel tixe.l white light.
This Egli t will be 75 feet above the level of the sea ~
ill
minate the entire horizon, and should be seen in 8;1 r
weather from a position 15 feet above the water at ► al
tanco of about' 14 nautical, or 16% statute miles. .
The approxi mate position of Ocracoke lighthon 6
determined by t he Coast Survey, is lat. 35 deg. 6 mi a. 31.
sec. N, long. 75 c'eg. 58 min. 27.4 sec. W from Greelawid
By order of the Lighthouse Board.
(Signed) D. P. WOODBURT,
April 15, 1854. Captain of Eng:Basel I.

VESSELS SPOKEN WITH.
The Niagara (ship), Pensacola to Liverpool, Aplal
lat. ;3,2 N., long. 77 W.
The Charity (screw-steamer), bound East, April :22,1 04*
50 N., Mng 17 W.
The Atlantic (American ship), bound West, Al mil 0'
lat 44 N., long. 45 W.
The Estouralda (American ship), Mobile to lAA 'erpl
April 22, lat. 29 N., long. 80 W.
The London, to Sau Francisco, March 17, lai . 60 S"
long. 85 W.
The Ocean, Antwerp to Callao, March 19, 'al t. 58 44
long. 75 W.
The Penzance, Sydney, N.S.W., to London, 2 Lpril I'4
lat. 5 N., long. 33 W.
The Amerique. April ?SO, lat. 7N. long. 36 WW.
The Sultan, Liverpool to New Orleans, April ' 21
N.. long. 43 W.
The Mexican Packet, for Liverpool, April 2 3 lat. ,16
N., long. 51 W.
The Agnes Taylor, Trinidad to Clyde, May 5, Bat. 44 144
long. 38 W.
The Mary °
Russell, Falmouth to Melbourne, Nov. %
let. 15 N., 10n.% 25 W.
The Francis Ridley, Melbourne to London, 'tab. 7, 111.
40 S., long. 142 E.
The Fanny Ealer, Baltimore to Liverpool, Apr it 23,
58 N., long. 69 W.
The Moul tan (ship), March 4, lat. 31 S., long. ti 7 E.
The Derwent (barque), March 6, lat. 32 S., lon g 32 „
The Imaum, of Muscat, March 13, lat. 36 S., lo ng. 2 2 P.
The Emelie (Swedish brig), March 15, lat. 34 S., foolP
14 E.
The Anglia (three-masted schooner), April 13,, "lat. !a isr4
long. 24 W.
The Randoll (brig), May 6, lat. 6 N., long. 22; W.