The Sun.
London, England, 1858-03-24 00:00:00

LAW INTELLIGENCE.--(This Day.) IMPERIAL PARLIAMENT.

COURT OF CHANCERY.

(Before the Lori Chancellor and the Lords Justices.)

APPEAL-COUNTESS OF MORNINGTON V. KEANE.
The further hearing of this part heard appeal was
resumed this m rnii,g.
Mr. De Gex resumed and concluded his argument for
the respondent.
It will be remembered that the contention here arises
in a cmpetition between the plaintiff, the CJuntess of
Morningt m, a special contract creditor under marriage
articles of agreement entered int 1 between her and her
late husband for an annuity of 1,0001., and the de-
fendant, Mr. Keane, as equitable mortgagee, for priority
of charge or lien on the house No. 3, Savile-ro v,
Westminster.
Mr. Willcock, Q C., followed and concluded his
argument on the same side.
Mr. Robb, q.c., is new being heard on the same
side.
The Lord Chancellor rose at one o'clock to attend her
Majesty's levee.

COURT OF BANKRUPTCY.
(Before Mr. Commissioner Goulburn )
RE GEORGE THOMPSON—CRIMINAL PROSECUTION.

This bankrupt was a corn dealer in Barnsbury-road,
who absconded before his bankruptcy, and was subse-
quently apprehended at Batb, where he was residing
under a false name, and property to a considerable
amount was found in his possession.
An application was now made to assent to criminal
proceedings being taken against the bankrupt for not
surrendering under his bankruptcy.
His Honour granted the application.

HOTURSAENOSFFELROORFDS.LAN—Y.)
4
Lord CRANWORTH called the attention of the
house to these two bills, which he had laid on the table
shortly after the reaesein bling of Parliament in February.
The first related to the manner of effecting a transfer of
land, and was partly owing to proceedings which took
place as long ago as 1846, when a select committee was
appointed to inquire into the burdens affecting real pro-
perty. They reported that the value of land was very
seriously diminished by the expense of procedings attend-
ing its transfer. They considered that a system by
which there should'be a registered title Was essential to
any plan by which the exiting evils might be remedied,
and they suggested a simplification of titles and registra-
tion of deeds. The commission of 1847 was directed to
several persons of eminence, including Lords Langdale
and Beaumont, Mr. Bellenden Ker, Mr. Coulson, and
several other conveyancers. By this bill be proposed
to establish a system by which, as in some other
countries, there should he a court at which persons
could, if they pleased, have a title investigated. It was
said that would be injurious to persons nut present ; but
the evil, if any, would be infinitesimal. He proposed to
effect the purpose by means of the machinery of the
Court of Chancery. A pe-son who desired to sell
land might present to the Court of Chancery a petition,
sating that the land was to be sold. The pur•
chas.er coull pay the money into court. The sale should
be adverti-ed in the neighbourhood. The solicitors OA
both sides should be compelled to file affidavits that they
had reason to believe that the sale was good, and any
fraudulent concealment should be a misdemeanour.
They had ten years' experience of a somewhat similar
mode of investigation in the Encumbered Estates (Ire-
land) Act. He had it on the authority of that expe-
rienced class, the auctioneers, tbat an estate-would sell
for two years' purchase more under the operation of
that bill than formerly. Such was the outline of the
bill, which he would abstain from explaining in more
detail till it came betore the committee. He then re-
Lrred to the other bill. Hs held that there ought to be
a system by which a great deal of the prol'xity of con-
veyancing would be avoided. What he proposed was that
whereas now there were several lengthy clauses introduced
into every deed, these should be rendered superfluous in
future, by making them conditions of law, which would
operate in any case whet e there was no stipulation to the
contrary. He then explained the nature of those condi-
tions at some length. The bill would give in the case of
settled estates powers enabling the tenant for life to lease.
He would not, however, prevent persons from excluding
such powers by an exprees stipulation. The next part of
the bill was with reference to the case where the settle•
merit gave power to sell, in which case all the matter
which was usually introduced as concomitant with that
power, would be considered as incidental to that power.
He next came to the question of mortgage, which' was
usually a very complicated instrument, and included
many stipulations which he thought ought to be consi-
dered incident to a mortgage, and would be so under
the proposed bill. He then called the attention of the
house to an appendix which be had caused to be attached
to the bill, containing a number of modern precedents
on conveyancing.
Lord ST. LEONARDS said they owed a debt of
gratitude to his noble and learned friend for bringing
forward any well considered plan to give renewed
facilities for the transfer of land without destroying
the stability and security of possession, which was
the whole foundation of its value. The bill would
establish a tribunal which would give a warranty of
title. The Encumbered Estates Bill (Ireland) on
which this was founded, has altogether different
objects. It arose out of the difficulties created by the
encumbered condition of estates, but it was not the
case in this country that estates were so encumbered
that a sale could not be effected. Whatever had been
the obstacles which they bad daily to encounter,
there never bad been any difficulty in the way of
the sale of estates. Djrectly this bill came into force
the action of the Court of Chancery would be paralysed,
and all its energies cramped. The duties of that oonrt
were sufficiently onerous, and they had only to place upon
it additional labour to destroy altogether that admirable
machinery which was created in 1852. He suggested that
a new and independent court should be established for
ihe purpose of conducting these transfers. If they really
wanted a sound warranty of title it must be upon a to-
tally different basis from that now proposed, not as pro-
posed to be settled by clerks and conveyancers, but by
persons themselves competent to look into titles, and to
settle questions of law arising out of them. The great
objects to be secured should be to save expense, to expe-
dite eusiness, and to do away with all obstacles as far as
possible on one side and the of der.
Lord BROUGHAM advised their lordships to give a
second reading to the bill, on the ground that it should
be referred to a select committee. Many objections had
been alleged against the price ple of the Encumbered
Estates Court, but he thought that all their lordships
would rejoice in the success of that measure. How far
the Court of Chancery was likely to be encumbered or
paralysed by the influx of business which this bill would
bring into it, he could not positively say, but he did not
entertain any apprehension in that respect. He believed
that the measure was imperfect in not providing a
register. To such an appointment he believed that they
must come at last. The conveyance bill which he pre-
sented last year, providing for local registration, he
should again present to-night, and he hoped it would be
referred to the select committee. Ttie average expense
of local registration whenever it bad been adopted had
not coot more than seven shillings, and no case had
arisen calling for the decision of a court of appeal.
The bill was then read a second time, and ordered to
be referred to a select committee.
The Tenants for L4fe Trustees Bill was read A second
time, with a view of its being referred to a select com-
mittee.
IMPRISONMENT FOR DEBT ABOLITION BILL.
Lord BROUGHAM announced the withdrawal of this
bill, pending the production of the more extended mea-
sure of the Government.
CONSOLIDATED FUND (10,000,0001) BILL.
This bill was read a second time, Lord MONTEAGLE
taking occasion to declare that it reflected great credit
on the Government, and placed the administration of
the finances upon a much sounder basis.
The General Board of Health (Skipton, &c.) Bill was
read a second time.
The Cambridge University Matriculation and Degrees
Bill was read a second time.
The Mutiny Bill was read a second time.
The Bishops Trusts Substitution Bill was read a third
time.

The Marine Mutiny Bill passed through committee.
The Militia Act Continwance Bill was read a third

time.
The Commons Inelosure Bill passed through committee.
Their lordship 3 then adjourned.

HOUSE OF COMMONS.—(YESTERDAY.)
THE PASSPORT SYSTEM.
Mr. MONCKTON MILNES called the attention o
the house to the vexations to which British subjects were
exposed by the late alteration in the Passport System in
France ; and moved for the following papers :—" C •pies
of correspondence between her Majesty's Government
and that of the Emperor of the French, on the late alte-
rations in the Passport System ; and of the several regu-
lations respecting pa,sporta issued by the Foreign Office
since 1815, with the fees charged on their delivery."
He said that the grievance to which he was about to
call their attention rather concerned those whom they
represented than themselves. It was not probable that
any member of that house residing in London would
s xperience any inconvenience from the alteration which
had taken place in the passport system in France, and in
the corresponding alteration in the delivery of passports
in England ; but the question excited considerable in-
terest out of the house among large classes who consi-
dered themselves inconvenienced by the change. The
whole matter of passport regulations was to Englishmen
very unintelligible. In different parts of the world the
system prevailed wits different:degrees of intensity, but
perhaps in the strongest manner in the Chinese empire.
The o:ty ot Canton was the model and the Vietint cf the
passport system. The inhajitants would allow nobody
to go into Canton, and French and English armies were
now in occupation of that city. Owing to political cir-
cumstances, with which Englishmen had nothing to do,
the passport system had long been established through-
out Europe, and it was strongest in those countries
which savoured of an Oriental character. Thus, among
the countries of Europe, Russia was the one most ham-
pered by the passport system. There were other cowl-
! tries in which toe passport system had been carried out
with great vigour, and one cf these was Austria. In
that country, however, the passport regulations had
been considerably relaxed. No inconvenience was occa-
sioned to any foreigner the moment he passed the iron
-
tier, f r then he might go from one part of the
Austrian empire to the other without showing
his passport. As respects the subjects of Anetria,
the system passports was now reduced to a simple card
a ,
which was nothing more nor less than a card of identifi-
cation, declaring who the holder was. With that card the
person to whom it was given was perfectly free to go to
any part of the Austrian empire. The whole. not
of
passports in France turned on the principle merely.
ing a regulation for the natives .t
try
that there Now,
I was no
f admitting foreigners into the cco_titnhteryc,obuunttroyf establish-
ing
was the good fortune of th:s coull
mo r
beingh in rtahnrcoewlni
ine t
the
et
wayprc") td by the ysybsater
of the movements either cf British or foreign subjeot.a.
onfotfoeign givernments to laud
sbeistoerical rocoprdassopfoarnt
There was certainly one inconvenience connected 'with
the freedom of this country in this matter. It
wish
to remain
ptheershoanlositwohfomlatteheyyeadrlsd
n
hcoadnsbic;eeernedinutlsipoichhalubsitaonfablraintidgiinngg
countries on cur shores. The French police of late years
d thus
tpheerms on ns wo
roms h otrheesy.
They were often persons of desperate feelings, an
was most unfairly thrown on this country the obligation
ngliseknor
of protection and guardianship with regard to them.
This, how, ver, was au incident to which E
must submit in coast quence of their generalfraessdpor.
He would not now discussthegeneral use o thegolf;
woull
system, though he had nodoubtthateriaetYePesr
nuject, and
be able to tell most amusing stories prim:
passport most
to narrate bow the rogue always bad
interoourse b
convenienced. It was chid!), as respected e•
tweet] this country and France that the passport system
accurately rise d, and bow the as
man alone was in-
other countries to intercommnnicatku
ments existing in
became ot grave interest to Englishmen, for the impedi-
did not so much affect them. As long as France and
England continued at peace they ought to be considered
but one country for all purpotee of commercial and in.