The Sun.
London, England, 1854-02-07 00:00:00

XIII-FEES.

1. That all fees taken for the despatch of testamentary
business, whether office foes or proctorial fees, should be
reconsidered and settled.

2. That an effective system of taxation of procters' bills
as between themselves and their clients should be provided.

XIV.-REAL REPRESENTATIVE.

1. That it is expedient that some court should be invest-
ed with a discretionary power to appoint upon summary
application same person or persons to bo a representative
or representatives of the real estate of any person deceased,
who should have power to sell and convey such estate and
to receive the rents and profits thereof, and to give discharge
for the purchase moneys, rents, and profits of such estate,
and to raise money by mortgage thereof, such appointment
to be made upon the application of some person interested
in the estate, and to be confined to such real estate of the
deceased as may not bo vested in trustees iu trust for sale,
with power to give discharges to purchasers.
2. That the court to be intrusted with the power to ap-
pointed a real representative to the extent recommended
should be the court exercising jurisdiction to administer
the estates of deceased persons, and not the Court of
Probate.

XV.-COMPENSATION.
1. That subject to the provisions of the act of the 6th
and 7th of William IV., c. 77, s. 25, the acts extending
the same, and the act of the 10th and 11th of Victoria,
c. 98, s. 100, the judges and registrars of the various courts
now exercising testamentary jurisdiction should be indem-
nified against the loss which they will sustain by the
abolition of the testamentary jurisdiction ; but that such
of them as have exercised their respective offices by deputy
should not receive compensation in respect of the portion
of the profits which the deputy has received.
2, That subject to the provisions of the abovenamed acts,
the deputies should receive compensation for the loss of
their emoluments.

3. That if the course recommended of preserving the
common form business to the proctors in Doctors'•com-
mons, should be followed, they should not receive any
compensation.
4. That the same rule should not apply to the proctors
now practising in the country, and who may not be ade-
quately indemnified by being authorised to practise in the
district offices.
5. That if Parliament should see fit, compensation should
be made to other persons who may have equitable claims
thereto, if the measures suggested should be adopted.
6. That unless Parliament should think fit to provide
such compensation from the consolidated fund, a system
of fees should be established in the new court sufficient to
produce the sums which may be required ; and that these
fees should be reduced from time to time as the claims for
compensation are satisfied.

XVI.— As TO ONE PROBATE BEING SUFFICIENT FOR THE
UNITED KINGDOM.

That the effect of probate should be limited within the
jurisdiction of the tribunal by which it is granted.
CONCLUSION.

The questions embraced by your Majesty's Commission
are of such a nature that much difference of opinion has
necessarily arisen among us upon questions of detail, but
we have not thought it necessary to state these differences.
Differences, however, have also arisen among us upon the
followinc, material parts of the report :
I. Whether the jurisdiction of the Court of Probate
should extend to real estate.

11. Whether the testamentary jurisdiction should not be
vested in the Court of Chancery, with all the powers and
authorities of that tribunal, including powers of construc-
tion and administration.

111. Whether the exclusive right to transact testamen-
tary business in "common form" should be permanently
continued to the proctors.
And such of us as have dissented on any of these points
have felt it our duty to append our dissents to our signa-
tures to this report.
We humbly offer to your Majesty's royal consideration
this our second report.
JOHN ROMILLY. (L.S.)*
G. J. TURNER. (L.S.)t
RICHARD T. KINDERSLEY. (L.S•)
WILLIAM PAGE WOOD. (L.S.)
JOHN DODSON. (L.S.)
STEPHEN LUSHINGTON. (L.S.)
CHARLES CROMPTON. (L.S.)
J. R. G. GRAHAM. (L.S.)*
J. W. HENLEY. (L.S.)
RICHARD BETHELL. (L.S.)*
JOHN BOLT. (L.S.)f
W. M. JAMES. (L.S)

* Dissentient as to so much of the report as recommends
that the testamentary jurisdiction should not be vested in
the Court of Chancery, with all the powers and authorities
of that tribunal, including powers of construction and
administration ; and also as to so much of the report as
recommends that the exclusive right to transact business in
"common form" should be permanently continued to the
proctors.
± Dissentient as to so much of the report as recommends
that the jurisdiction of the Court of Probate should extend
to real estate.
Dated the 11th day of January, 1854.

The undersigned is dissentient from the above report.
J. DORNEY HARDING.' (la•S.)
Dated the 12th day of January, 1854.

THE PRESTON STRIKE.

The unemployed operatives in the town continue as a
body to behave with the utmostdecorum, but within the
last few weeks there has been a frightful increase in the
commitments to the House of Correction—idleness hav-
ing produced its inevitable result, vagabondage and pil-
fering in the neighbourhood. Many youths, who, but
for the strike, would have been pursuing a course of
industry, are now in gaol ; and many others have
commenced a career of crime, which will soon land
them there. Pauperism is fearfully increased. Last
week, the amount of out-door relief was 20/. Bs-
lid. ; the corresponding week last year was only
1541. 7s. 7d. ; being an increase of more than, a
hundred and thirty per cent. The number of inmates
in the workhouse is above fifty per cent. more. Upwards
of 200,0001. have been lost to the workpeople of the
town in wages alone ; many businesses dependent on the
cotton trade are almost at a stand still ; and tradesmen,
who have lost the large amount of profit which would
have accrued to them from the expenditure of such a
sum, have, with diminished receipts, to meet larger de-
mands on their charity, and increased taxation for the
poor and other locpi objects, as well as in some instances
the even heavier taxation of subscriptions, to perpetuate
the very thins
which is not merely injuring, but, in
some in,tarjes,
ruining and pauperising them.
consolation in this direful state of things
is,Ttlhie or-7
2
it is hastening to an end. We already hear ,of
tbaoperatives being disaffected to the committees, of
the diminished attendance at the Orchard meetings, of
the disunion in the councils, of the books that "won't
balance," of (the cash that is missing from the box, of
this official being suspended, and that brought to ac-
count, and, in one instance at least, of a committee
being appointed to inquire after a mysterious disap-
pearance of a large amount of coin ; in short, to give a
reply to the often-put but not yet satisfactorily answered
question about `•How the money goes."—Preston
Chronicle.

DEPARTURES FOR AUSTRALIA.—The departures from
the port of London for the Australian colonies during
the past week show a considerable increase. They have
comprised altogether 15 vessels—seven to Port Philip,
with an aggregate burden of 2,838 tons ; five to Sydney,
with an aggregate burden of 3,138 tons ; two to Hobart
Town, with an aggregate burden of 949 tons ; and one
ito Launceston, of 578 tons. Their total capacity was,
consequently, 7,503 tons. The rates of freight show a
tendency to decline.