The Sun.
London, England, 1857-01-23 00:00:00

LONDON 3 FRID AY EVEN IN a JAN UA_ Y 23, t t 517

TESTAMENTARY. JURIS.DICTION.

A meeting of the Law Amendment Society was held on
T, fond ay night to receive a report from the committee ap-
pointed to consider the Testamentary Bills of last session
and Sir F. Kelly's letter to Lord Brougham, which we
publiolied some weeks back. There was a large attendance
of members, and Mr. Pitt Taylor read the report
He said that Sir R. Bothell, as representing the Govern-
ment, Sir F. Kelly, as representing the Opposition, and
Mr. Collier, as representing the independent members of
Parliament, had all arrived at the conclusion that no effec-
tual scheme of law reform, as applicable to wills and in-

testacios, could be carried out except by depriving the Ec-
clesiastical Courts of all jurisdiction in matters testamen-
tary, be ignoring the doctrine of bona notabilia, and by
breaking down the monopoly of the doctors and proctors.
The committee approved of these cardinal amendments of
the law. They advanced no arguments in support of them,
because no attempt had been mid° to question their po-
licy, and they 'considered it idle to parade proofs where
judgment had virtually been allowed to go by default.
"Bet the first point on which the promoters of the several
bills of last session differed was as to the nature and the
functions of the tribunal or tribunals to be henceforth in•
trusted with testamentary jurisdiction. They all agreed
that any Court on which testamentary jurisdiction was to be
conferred should deal with wills of real as well as of personal
estate. They all, too, recommended, though they differed
in the details, that in certain cases probates and letters of
administration should be granted by local tribunals. More-
over, the Attorney-General and Sir F. Kelly thought that
the court of probate should construe the terms of all wills,
adjudicate upon the rights of legatees, and administer the
estates of deceased persons. On other matters far less
unanimity prevailed. The Attorney-General seemed anxi-
ous that a new Queen's court should be established, which
Should virtually be ari additional department of the Court
of Chancery, and that a single judge should preside in this
court, who would differ in little but the name from a Vice-
Chancellor, who would deal with facts as well as law with-
out the intervention of a jury, and who would reply either
on affidavits or on testimony reduced to writing behind bis
back by the examiner. Sir F. Kelly, while recommending
the establishment of a new court and the appointment of
a single judge, proposed that this court should be a court
of common law, examining the witnesses viva vocc, calling
in the aid of juries when necessary, and adoptingpleadings
and procedure which should vie in simplicity with the
forms used in the County Courts. Mr. Collier contended
that no new court should be established, but that the tes-
tamentary jurisdiction should be transferred, according to
the amount of the prOperty to be dealt with, either to the
courts of common law or the County Courts.

The committee were not satisfied with any of these
schemes. They thought Sir R. Bethell, in introducing
into his court the system of procedure which prevails in
courts of equity; had committed a fatal error. No doubt
that system had been improved by recent legislation ; but
still many of the rules of practice in Chancery, and espe-
cially those which related to pleadings and evidence, were
highly defective, and the mode of examining witnesses was
nearly as faulty as any that could be devised. These objec-
tions were sufficiently weighty to foster and to justify the
continuing unpopularity of the Court of Chancery, and
they furnished an unanswerable argument against any
scheme for extending its jurisdiction. They had, too,
peculiar force when applied to testamentary causes, which
generally tarn on questions of sanity, undue influence, or
fraud, and require, beyond all other suits, to be dealt with
by judges and jurors who have ample opportunity of watch-
ing the demeanour of witnesses. The ,committee objected
to so much of Mr. Collier's plan as related to the courts of
common law. They thought it very undesirable to impose
on the 15 judges the duty of mastering a branch of .the law
with some portions of which they are almost necessarily
unfamiliar. They referred to that large and troublesome
class of suits which turn on the doctrines applicable to the
different grants of limited administration and the like. Tarte
doctrines are not very abstruse, and able lawyers ini,ght,if ne-
cessary, soon make themselves acquainted with their de-
tails. but the judges, who have passed the meridian of life,
would probably not regard with much favour any scheme
which would necessitate a departure from the beaten track
of their ordinary duties, and convert them from adminis-
trators of the law into hearers of the law. Mr. Collier's
plan was exposed to two other objections. First, the Chan-
cery Commissioners of 1854 had pointed out that " uni-
formity of practice is of essential importance in regard to
the probate of wills ;" and this uniformity would not be
promoted by the transfer of the business to three indepen-
dent courts of concurrent jurisdiction. Next, the com-
mittee foresaw great difficulty in framing any machinery
for duly controlling the registrars employed in conducting
the common form business, when once they were subjected
to the interference of three separate tribunals. "No man
can serve two masters," and the committee would not re-
commend that the registrars of wills should be called upon
to serve three.
Sir F. Kelly, in proposing the establishment of a separate
court, had an obvious advantage over Mr. Collier, and by
insisting that his court should be a court of common law
he placed in strong relief the principal defect of the Attor-
ney General's measure. Thus far, then, his scheme was
excellent ; but it was open to certain objections. First,
his court was to consist of a single judge, who should enjoy
the rank and receive the salary of a puisne judge. This
arrangement was faulty. It was objectionable to increase
the number of our common law judges. It was not always
an easy matter to find 15 men of sufficient professional
eminence to discharge the functions of a judge in a really
creditable manner, and it would be inexpedient to
aggravate this difficulty, unless a case of necessity
were made out. But Sir Fitzroy had not established any
such case. A strong impression, too, prevailed in the
country that the common law judges had not sufficient
employment to occupy their time, and a commission had
been appointed to report on the expediency of diminishing
their numbers. In the face of these facts the House of
Commons would not be very willing to sanction the ap-
pointment of a sixteenth judge. Such a course was quite
unnecessary. Instead of appointing a new judge for the
court of probate, three of the existing puisne judges should
constitute that court, one to be selected from the Court of
Queen's Bench, another from the Court of Common Pleas,
and the third from the Court of Exchequer. These judges
would still continue to be members of their original courts,
and when not sitting as a court of probate would transact
business as ordinary common law judges. They would be
appointed without additional salary, and when engaged in
the court of probate the remaining judges would make
arrangements for dispensing with their attendance in their
respective courts. This plan presented several advantages.
1. It would save the salaries of a judge, secretary, usher,
and trainbearer, which could not be less than 5,6001. a year,
and this matter deserved attention, as the measure must
cost the country dear in the shape of compensation. 2.
The Fsubstitution of three judges for one would add to
the authority of the Court, and would assimilate its pro-
ceedings to those of the other courts of common law. It
would also remove an anomaly ; for, as all issues of fact in
country causes arising out of disputed wills were to be sent
for trial to the assizes, if the court of probate were to
consist of one judge alone he would on every application for
a new trial be required to review the conduct of other judges
of co-ordinate or superior authority. 3. The plan would
impose on the common law judges some additional labour,
and thus tend to remove all cause for public dissatisfaction
on the ground of the judicial staff being disproportionately
large. No alarm need be felt lest by this arrangement the
energies of the judges should be overtaxed; for, as a large
portion of judicial business is during term transacted in
b ;aim, the principal effect of employing one judge of each
court in the disposal of testamentary causes would be to in-
troduce the practice of three judges sitting together, in-
stead of four—a practice which, although it would
increase the responsibility, could add little to the labours
of each juege, and would not impair the efficiency of the
Court. 4. The plan proposed would neutralise an objection
that has been urged in high quarters to the establishment
of a new court of probate. The Lord Chancellor, in 1854,
stated, on the authority of the Chancery Commissioners,
that the Ecclesiastical Courts were not occupied more than
60 days annually in contentious business relating to wills ;
and he then asked with much force, "how it could possibly
be advisable to create a new tribunal, which would have no
employment whatever 10 months in' the year." Now, by
"creating anew tribuual," Lord Cron worth evidently meant
"appointing a new judge," and in this light his reasoning
was unanswerable; bat if the court were to consist, not of
a new judge exclusively occupied in testamentary matters,
but of three judges draughted from other courts, who when
the court of probate had no business to transact, would be
employed in their ordinary avocations, the whole argument
crumbles to pieces. A fifth cogent reason for preferring the
plan advocated by the committee to that of Sir Fitzroy
Kelly was to be found in the same debate to which allusion
had just been made. "La my opinion," said Lord Cron-
worth, "a minute division of labour in the higher depart-
ments of jurisprudence is highly inexpedient. Ido not be-
lieve that a man who never considers anyother subject will
be as competent to determine a question of insanity, or of
undue influence, as one who is in the habit of dealing with
such subjects in common with other questions to which his
judicial capacity is applied ; and so far from considering it
to be an advantage that only a single class of cases should
be submitted to each judge, I regard it in the light of a
serious disadvantage." _ _ _

The plan of appointing some of the existing judges to
sit as a separate tribunal and to deal with a particular
class of cases was not a new idea. It had long formed a
fundamental part of the Scottish system of judicature, and
it had been successfully adopted in England under the
provisions of the statute 3d and 4th William IV., cap.
41, in selecting the members of the Judicial Committee
of the Privy Council. Nay, the same principle was
recognised to some extent in our three superior courts of
common law; for although in most legal matters the 15
judges exercise concurrent powers and perform similar
functions, yet certain exclusive jurisdiction is vested in
the Court of Queen's Bench with respect to crimes and
parochial law, in the Court of Common Pleas with respect
to the law of Parliamentary elections, and in the Court of
Exchequer with respect to revenue causes.
"Me plan proposed would probably not be opposed by the
judges, as it would affect only three of them ; and if some
slight honorary distinction, in the shape of
_precedence or
the like, were conferred on the members of the court of
probate, the ablest of the puisne judges would gladly con-
sent to qualify themselves for the office.
The second objection urged by the committee to Sir
Fitzroy Kelly's scheme has reference to the proposal, which
test
he made in common with Sir Richard Bethel', that the
now court of probate should also be a court of construction
and a court of administration. Nearly one-half of the
businessatmen
a testamentary transacted
cau es by the
itbe Er
tqbuei Equity
terms J u degfe
as has
will
haverelation
te
bto
e
the estate
or the rights of a legatee have to be defined, or
of equity
uprrseee'e procedure, u cst ei
ril
shaits taartee oeffa testator has to be administered. All these
with the
forms
Fitzroyin
jurisdiction, but he wishes to confer on his court—which
is to be a common law court,i employing common law pro-
ceduro—a similar jurisdietoThus, there would be two
independent tribunals of co-oz:(1in
construction of wills and the adaiiantl3st.raower, so far as the
of deceased persons were concerned,
andtion of the effects
each would deal
with the matters before it in a mode essentially
mom that which was adopted by the ether different
ent could be more unsatisfactory. the No arrange-
would do its work either bettor or worse than Courtaeev7 G °u
or tf
chancery, or there would be no perceptible difference be.

tween the two. If the work were done worse, the public
would sustain a positive loss by the change ; if the work
were done equally well, the only effect worthd bo that
five highly salaried functionaries would despatch business
which four can now despatch with ease; and if the work
were done better the court of probate would be thronged
and the Court of Chancery deserted, and the whole of our
judicial machinery, so far as the courts of equity are con-
cerned, would be thrown out of gear.
This objection did not extend to Sir R. Bethell's scheme;
for, as in his court snits would be carried on through the
medium of the usual forms of proceeding in equity, there
would be no inconsistency in imposing on thejudge of that
court several of the duties which now devolve on the ordi-
nary Vice-Chancellors. The scheme had other weak points
in common with that which Sir F. Kelly advocated. Thus,
both were open to the objection that, as the present staff
'of equity judges was amply sue:lent to keep down all ar-
rears in their courts, and as they now disposed of all
questions of construction and suits for administration, it
would be impossible to clothe another court with juris-
diction over these matters without diminishing the busi-
nos, and thus impairing the efficiency of the existing tri-
bunals. Moreover, the committee doubted the expediency
• of conferring on any one superior court the separate powers
of granting probates, construing wills, and administering
estates, on the ground that the union of these separate
functions in one court would afford a dangerous facility for
needless litigation. The advice given by lawyers to their
clients is not always disinterested, and it is notorious that
much less persuason is required, to induce a man who is
already involved in law to take ulterior steps in the cause
than to commence legal proceedings de novo. If the court
of probate were made a court of construction, so that an
attorney might suggest to an executor that it would be
prudent, on obtaining probate, to take the opinion of the
court on some doubtful expression in the will,
many frivo-
lous questions respecting alleged obscurities-would, for the
mere sake of costs, be submitted to judicial decision, which
under other circumstances, would noverbave been seri-
ously raised. -,OlKk"

Sir F. Kelly's scheme was radically defective in another
point. In common with the Attorney-General and Mr.
Collier he recognises the necessity of conferring on certain
district offices or courts a limited testamentary jurisdiction.
But in selecting the districts he had committed a twofold
error. First, he had proposed the establishment of only 32
offices—a number absurdly insufficient, as the country con-
tained 52 counties, and was divided into 60 County Court
districts ; and next, he had been induced, apparently
through the influence of the local proctors and registrars,
to adopt subs'a ►tially the present diocesan districts, and
this to fix his offices in most inconvenient localities. For
instance, no office was vouchsafed to Liverpool, the second
city in the kingdom, but every probate required by any one•
of tier 255,000 inhabitants must be obtained either at Ches 7
ter or in London. Again, the West Riding of Yorkshire,
containing a population not far short of a million and
a half, had no court of probate nearer than York ; and the
whole of the county of Derby was left dependent on the
town of Nottingham. The people of Plymouth must
travel more than 60 miles to Exeter ; the men of Bii •
mingham and Wolverhampton must go to Lichfield ; and
the inland town of Winchester must furnish probates and
letters of administration for the 150,000 persons who re-
sided in Southampton, Portsmouth, and the Isle of Wight.
Mr. Collier had originated a far wiser plan, which was,
that the only tribunals to be entrusted with local testamen-
tary jurisdiction should be the County Courts. New local
courts should not be created to administer so small a subdi-
vision of the law as that which relates to wills and intesta-
cies. The more courts are multiplied the less chance there is
of securing anything like uniformity in decisions or proce-
dure. The creation of a court is alway s an expensive affair,
as it entails not only the appointment of a judge and a com-
petent staff of officers, but the purchase or renting of a
court house, with a registry. lorover, when two functiona-
ries in separate offices are partially engaged in transacting
business which might be disposed of by one in a single
office, each is unlikely to attain that efficiency which is the
result of experience and practice. The work, in short, will
be less well done, and the cost of doing it will be far
heavier.

On every ground it was desirable to intrust the County
Courts with whatever testamentary business it might I,e
thought desirable to have transacted in the country. The
courts them selves were most conveniently situated for the
despatch of local business. All the larger ones had good
offices, and, what was of great importance when wills had
to be registered, they possessed fireproof rooms for the pro-
tection of their records. The registrars had been selected
in consequence of their known intelligence and integrity,
and where the business of the courts was at all extensive
they must be competent to perform the additional duties
which would devolve upon them by the plan proposed. No
doubt a little study and attention would be necessary at
first, and some slight awkwardness might be felt at start-
ing ; but a very few weeks would render the officers fami-
liar with the routine, and, practically speaking, the system
would work without any difficulty.
The committee next proposed that the registrars of the
County Coutts should act as district officers of the metro-
politan court with respect to all " common form " or non-
contentious business, where the estate of the deceased
amounted to SOO/. They should entertain applications for
probates or administrations, give directions respecting the
production of documents or proofs and the preparation of
affidavits, see that these directions were complied with, and
transmit the papers to the court in London, in order that
they might be finally examined by one of the principal re-
gistrars.— The actual pronate or administration should be
granted by the metropolitan court, auk tha documents,
when duly completed, should be returned to the local re-
gistrar, to be by him delivered to the proper parties. This
arrangement would be productive of much benefit to the
public, for it would enable executors and administrators
to transact their business without the aid of an attorney,
and would obviate the necessity of employing a London
agent.
The
duties of the County Court registrars ought to be re-
stricted in the manner stated above—partly because this
course would best insure .uniformity of practice, partly
because errors would be more likely to be discovered when
documents were subjected to a twofold examination; and
partly because the seal of the metropolitan court would be
far better known than that of any County Court, and con-
sequently any attempt to utter a forged probate would be
more easily detected.
Next, when the property of a deceased person is sworn
under £3OO the County Court of the district in which he
dwelt at the time of his death should be authorised to
grant probate or administration, whether in a contentious
or a non-contentious suit, and in all these cases the regis-
trar should transact the common form business, subject to
the control of the judge in cases of difficulty.
From a return published by the Chancery Commis-
sioners in 1854 it appears that, exclusive of the Prero-
gative Court of Canterbury and the courts of the Arch-
bishop of York, the annual grants of probates and adminis-
atrmatoiooontse,
3rnd
d oo wherea:
average
a gp
er property etrht ye
three was
years swornunderlBso,
1851£,
1852, to 8,947—a number sufficiently large to illustrate the
value of any measure which would facilitate, simplify, and
cheapen the proceedings required for obtaining the grants ;
yet a number sufficiently small, when read in connection
with the annual returns of deaths, to prove how extensively
the annoyance, trouble, and expense consequent on the
present testamentary system operate in deterring the per-
sonal representatives of deceased persons from perfecting
their titles according to law.

- -
The committee further recommended that in cases under
3001. the County Courts should exercise all powers now
vested in the Court of Chancery with reference to the in-
terpretation of wills and the determination of the rights of
parties under them, and also with reference to the admi-
nistration of the estates of deceased persons. The metro-
politan court of probate should not be either a court of
construction or a court of administration, because, under
the existing law, the Court of Chancery interpreted wills
and'administered estates in a tolerably satisfactory manner;
but' we think that the County Courts should be clothed
with these powers with respect to properties sworn under
3.101., because under the existing law there was practically
no court which could deal with such matters. The Court
of Chancery was only open to those who " put money in
their purse," and no man of ordinary prudence would seek
for the decision of a Vice-Chancellor, with a possible appeal
to the Lords Justices and the House of Lords, on a ques-
tion involving less than 3001. Moreover, such a course
would affoel no dangerous facility for promoting aitigation
—for the fees to which professional men are entitled in the
County Courts were not sufficiently large to tempt them
to advise unnecessary proceedings for the sake of costs.
The committee did not recommend that all the 500 courts
established in 1846 should exercise the powers of a court
of probate. In many of these courts the business trap.
sacted was extremely small, and the registrars had scarcely
sufficient official experience to justify their employment
in matters relating to wills and intestacies. More-
over; the courthouses and offices were inconvenient, and
no proper fireproof registries had been provided
for them. It was therefore proposed that the experiment
should be tried with about one-third of the courts, the
Treasury being authorised to add to their numbers or to
vary their localities, in accordance with public conveni-
ence. Every court disposing of more than 1,000 plaints an-
nually ought to be intrusted with testamentary jurisdic-
tion, and the last county court returns showed that in 1855
107 courts were included in this category, 60 or 70 more
courts might be judiciously selected for the experiment,
retard being had to their accessibility with respect to
neighbouring towns ; and the districts of the remaining
courts should, for testamentary Purposes, be attached to
the selected courts in such manner as might be thought
most desirable. The county court judges could on this sub-
ject furnish the best information, if the attention of each
was directed to the requirements of his own immediate
circuit. _ .

-.We—committee declined to express their views on the
subject of compensation, which would no doubt be dealt
with by the House of Commons in a liberal, but not a
lavish, spirit. They, however, drew attention to two enact-
ments, with which the public are probably not very fami-
liar, viz.:—the act of the 6th and 7th William IV. c. 77,
s. 25, andFlOth and 11th of Victoria, c. 98, e. 9; and they
pointed out that under these provisions no officer of the
Prerogative Court of Canterbury can claim compensation if
his appointment dates subsequently to the 22d of July,
1847; and the claim to compensation is barred with respect
to the officers of all other ecclesiastical courts unless they
have been appointed prior to the 13th of August, 183,3. In
these cases no compensation might be granted as a matter
of favour, but it, could not be demanded as a matter of right.
Mr. Taylor then moved that it would be expedient-
1. That no Ecclesiastical, Peculiar, or Manorial Court
should exercise any jurisdiction in matters of testamentary.
2. That a new metropolitan court of probate and admi-
nistration should be established.
3. That such court should rank as one of her Majesty's
superior courts of record.
4. That in such court barristers as well as advocates
and attorneys, as well as proctors, should practise.
5. That the staff of such court should consist of three
judges, three registrars, and other inferior officers.
6. That her Majesty should appoint by sign-manual, and
without additional salary, one puisne judge of each of the
three courts of common law to constitute such court.
7. That wherever such court should be sitting, the re-
maining judges of the common law courts should make
arrangements for dispensing with the attendance of its
membersin their respective courts. •
S. That such court should adopt, as far as possible,
common law procedure, but without formal pleadings.
9. That issues of fact raised in such court should be tried
by a jury, unless the decision of thejudge were preferred.
N. That in every such issue the evidence of the wit-
hones should be taken VIN VOCC in the presence of the jury

•
or judge, except in cases where commissions would be now
granted in an ordinary action at law.
11. That all country caustes brought in Ruch court should,
in the ovont of any fact being disputed, be transmitted for
trial at the assizes.
12. That all town causes brought in such conrt should,
in the event of any fact being disputed, be transmitted for
trial at the Nisi Prins sittings in London or Mi,idlesex.
13. That whero issues of fact shall have been decided
under Dither of the last two resolutions all applications for
new trials should be made to such court.
14. That the registrars of such court should deal with all
as icmtspal eh
omu ah t
be res relatingsubjectt
ot o
thee o ms
umpoen form
ryis business,
ionof
th e
e 0 u butrt. their
15. That all such matters as now form the subject of mo-
tions in the courts of probate should be capable of being
heard by a single judge of the new court, sitting in open
court, but such judge should bo empowered to refer any
subject brought before him to the full court.
16. That an appeal should lio on-all questions of law to
tbe'Exchequer Chamber and to the house of Lords.
17. That such court should, besides exercising the
ordinary jurisdiction of a court of probate,'be empowered
to grant probates of wills relating to real estate.
13. That each court should appoint real represontatives.
19. That such court should grant certificates of intes-
tacy with respect to real property.
20. That such court should not be a court of construc-
tion or a court of administration, and should not interfere
with the existing jurisdiction of the Court of Chancery.
21. That when the property of a deceased person shall be
of the value of 3001. or upwards, application for probate or
administration in common form should be capable of being
made to the'registrar of a County Court.
22. That when any such application shall be made the
County Court registrar should furnish the proper informa-
tion to the applicant, and should examine and take charge
of the documents, and should transmit them, to the metro-
politan court to be finally examined and completed by one
of the registrars of that court. _ _

23. That when the properly of a deceased person can
be sworn under3oo/. the County Court should be empowered
to grant probate and administration, wheth©r in common
form or in contentious suits.

24. That in all such cases the registrar of the County
Court should despatch tho common form business, subject
to the control of the judge in cases of difficulty.
21 That an appeal in matters of law should lie from the
County Court to the metropolitan court, but the decision
of that court should be final.

26. That all parties desirous of obtaining probate or ad-
ministration should have the option of applying to the me-
tropolitan court, whatever be the amount of the property.
27. That all applications under Res. 21 or 23 should be
made at the County Court of the district in which the de-
ceased shall have dwelt at the time of his death.
28 That when the deceased shall have had no place of
residence within any County Court District the application
should be made to the metropolitan court.
29. That about 170 County Courts should be intrusted
in the first instance with testamentaryjurisdiction, includ-
ing about 110 courts in which more than 1,000 plaints were
entered during last year, and about 60 additional courts to
be selected on account of their convenient locality.

30. That irtedisrrictaof the remaining 330 courts should,
for testamentary purposes, be attached to the above 170
courts in such manner as the Treasury should direct.
31. That the Treasury should be empowered to vary
from time to time the number and locality of County
Courts intrusted with testamentary jurisdiction.
32. That the Treasury should be empowered to appoint,
if necessary, an additional testamentary registrar in each
of the 10 or 12 County Courts whine the annual number
of plaints exceeds 10,000.
33. That such additional registrar should be selected, if
possible, from the present ecclesiastical registrars.
3t. That probates and administrations granted by the
County Courts should extend to all the personal property of
the deceased, wherever situate, and should be recognised
as of binding authority in all parts of England and Wales.
35. That wills relating to property sworn under 300'.
should be deposited in the registry of the County Court by
which probate shall have been granted.
36. That certified copies of all such wills should be de-
posited in the registry of the metropolitan court.
37. That all other wills should be deposited iu the regis-
try of the metropolitan court, and that certified copies
thereof should be deposited in the registry of the County
Court of the district in which the testator shall have dwelt
at the time of his death.

38. That all County Courts authorised to grant probates
should also be courts of construction and administration,
and should, when the property is less than 3001., exercise
411 powers now vested in the Court of Chancery with refe-
rence to wills, or the rights of parties under them, or the
administration of the estates of deceased persons.
39. That in all such cases an appeal on any question of
law or equity shall lie from the County Court to the Mas-
ter of the Rolls, or one of the Vice-Chancellors, but the
decision of such superior judge should bo final.
It was moved by Mr. COLLIER, M.P., that the report
be received and printed, and be taken into consideration
on Monday, the 9th of February.
After some discussion the motion was carried, and the
society adjourned.

EXPERIMENTS AT MESSRS. DRAY AND CO.'S
BEET-ROOT DISTILLERY, FARNINGHAM.

Three Examiners of her Majesty's Excise are at this
time in attendance at Farningham, near Dartford, in
the county of Kent, superintetill ing a beet root and man-
gold wurtzel distillery, erected by permission for experi-
mental purposes by Mes.rs William Dray and Co., of
Swan-lane, London, on Mr. Dray's farm at Farningham,
At this distillery the advantages of agricultural distille-
ries will be largely and amply tested. Mr. Dray is
feeding some hundred sheep and a number of bullocks
on the residues of beet after distillation—a system which
has been pursued with great success on the Continent.
Two millions sterling in value of beet root spirits were
distilled in France last year, while in 1853 only twenty
thousand pounds' worth was distilled. There is a pecu-
liarity in the system: pursued at Farningham, which is so
contrary to all received notions on the subject that we
will describe it. Instead of macerating the beet and
distilling the wort, the beet root is cut into long thin
strips, one inch wide by an eighth of an inch thick, by
means of a cutter, cutting three quarters of a ton in half
an hour. It is then placed in vats, containing three-
quarters of a ton each, and 300 gallons of a wort formed
by macdrating a certain quantity of beet at the com-
mencement of the operations, and which wort is used for
the same purpose during the distilling months, which
are from Sept. 15 to April 15 in France, and from Oct.
1 to May 1 in Belgium and Germany, for during these
months the beet and mangold-wutrzel are in the best
state for distillation. After the slices are placed in the
fermenting vats, about a quart of sulphuric acid is added
to each vat. Fermentation sets in rapidly, and in 24
hours the slices are in a fit state for distillation. They
are then withdrawn from the vats, and placed in upright
cylinders of iron in Mr. Dray's distillery, which is cal-
culated to distil five tons of roots in the 24 hours. The
cylinders are six feet high and two fbet in diameter.
The slices are placed upon diaphragms, or plates of iron
pierced with holes, ten in each cylinder. The cylinders
are then hermetically closed, a current of steam is let
into the bottom of No. 1, and in three-quarters of an
hour a raw spirit resembling small still whisky is pro-
duced at proof. This spirit is allowed to run over till it
falls to 20 under proof, when the steam is conducted
from No. 1 into No. 2 cylinder, the escape of the alco-
holic vapour being shut off. Thus the slices in- No. 1
cylinder are completely deprived of their alcoholic matter
by continuing the current of steam through them, and
carrying it on into No. 2. In three-quarters of
an hour the escape-pipe for cotducting the aloe-
holic vapour from No. 2 to the worm being open,
No. 2 begins to run off at 20 over proof, is again
allowed to run down to 20 under? when the escape-pipe
is again shut, and the steam from No. 2 conducted into
No. 3. In three-quarters of an hour the spirit again runs
off from No. 3. In the meantime No. 1 has been emptied
of the slices and refilled, and the steam from No. 3 is
allowed to enter No. 1. The spirit is collected into
casks, and in the French distilleries is passed through a
rectifying still ordinarily on two days of the week, and
the produce is a perfectly neutral spirit of any required
strength. We see by the foreign news that the spirit is
in greater request in Franca than the grain spirits. This
industry has caused a complete revolution in farming in
France. In the districts of Valenciennes and St. Quen-
tin, where it most prevails, the number- of bullocks
fattened has increased from 11,000 to 17,000, and the
sheep fattened from 70,000 to 140,000. The amount of
corn sown has also nearly doubled. As this production
of food for cattle has greatly increased the production of
manure it has caused its usual result, a greater produc-
tion of corn. Mr. Dray has kindly offered to allow
persons to inspect his distillery on obtaining a card at
his warehouses is Swan-lane, and the director will give
every information which can be desired.—Civil Service
Gazette.

EXTRAORDINARY EXPERIMENTS BY THE
PATENT TIMBER BENDING COMPANY .

OnTuesday afternoon some experiments on a somewhat
gigantic scale, as fir as regards the bending of timber
for almost every useful purpose, from the turning of a
common umbrella stick to the massive knee of one of
the greatest ships in the Royal navy, took place in the
premises of Messrs. Collings and Co., Bridge-road,
Lambeth. The experiments were carried out principally
to convince the Goveremont that an immense saving
might be obtained to the country by the adoption of the
new mode of banding into a permanently set form every
kind of wood into any shape. Amongst those present
were the Hon. Admiral Best, Admiral Sharpe, Captain
Carnac, R.N., Capt. Edmunds, R.M., Capt. Mackinnon,
and several others. The experiments appeared to strike
astonishment into the minds of all present. One experi-
ment consisted of a small specimen of oak, which was
quickly bent into the form of a hoop, which was after•
wards straightened and eventually turned inside out. The
third experiment consisted of a large oak ship's floor
timber, 12 inches by 8, which was, in the space of a
quarter of an hour, bent into a right angle. From the
opinion expressed by several of the scientific gentlemen
present, it would appear that in the space of two or
three years the present system of cutting away the wood
to form curves, by which so much of the material is
wasted, will be abolished by the invention. The cost of
curved wood consumed in the British islands under the
present method of supply in its natural condition
amounts to at least 5,000,0001. sterling per annum,
which is partially occasioned by the deplorable waste
inherent in that method, as adopted in all trades re•
quiring curved forms in wood. The new process of
bending timber will reduoe the cost of ships of all sizes
25 per cent., and greatly increase their strength and
durability, avoiding the necessity for using cross-grained
wood. The experimenti appeared to give general satis•
faction, and the company separated after expressing
i their approbation of the invention.

Navel anJ Military Intelligence.
•

Yesterday Sir Colin Campbell, Inspector of Infantry,
paid a visit to the camp at Colchester, for the purpose of
inspection. the internal arrangements of the camp, and
ascertaining the efficiency of the various depots forming
the garrison. 'rile troops at present quartered in that
neighbourhood aro formed into three battalions, com-
prising the depots of 12 regiments, and numbering nearly
3,000 men. . Sir Colin Campbell, having spent consi-
derable time in the inspection of the books of each bat•
talion, proceeded to the examination of the accoutrements
and kits of the men, who were called out in heavy
marching order, and expressed his satisfaction at the
cean and soldierly appearance of the men. The general
opinion is that during the ensuing spring at lcait 10,000
men, including the militia regiments, will occupy this
camp,
One hundred and seventy-eight non-commissioned
officers and men were yesterday discharged at Chaplain.
The naval ship building at Pembroke dockyard is still
rapidly proceeding, and there are now abont 2,000 per-
sons employed in the yard. Among the vessels on the
stocks and under completion the fine screw-frigate Doris
is the most forward, and it is expected she will be ready
for launching about April next. She is pierced for 32
nuns, and is sister ship to the Diadem, launched some
time since. The leviathan screw line-of-battle ship Howe
is also in shape, and will no doubt be ready to be removed
from the stocks before the present year closes. The keel
of a new screw-ship has lately been laid down, the length
of which, from cutwater to stern, is 300 feet. Teis vessel
when completed will be about 360 feet over all, and will
be the longest in the English navy. The Winchor Castle,
116, sailing-ship, still retains her old berth Upon the stocks
where she was built come eight years since. We under•
stand it is in contemplation to cunvert her into a screw
vessel as soon as the Melpomene, 501un frigate, under-
going a similar process, is if-Completed.. The Revenge, 91,
now building, is in a forward state. The Doris is an
exceedingly handsome vessel, and will be fitted with the
heaviest guns in the English naval service. Several new
storehouses are being erected within the dock walls, and
many of the old slips have been lengthened several feet
towards the sea. The graving dock is also undergoing
considerable extension.

The Simoom, 18, steam troopship, Commander Cooke,
went out of Portsmouth harbour yesterday morning, and
anchored at Spithead to take in powder, &c., before
proceeding to embark troops.
The Sprightly and Comet, steam vessels, were reported
to be going from Portsmouth t 3 the scene of the wreck
of the mail ship Tyne yesterday evening, to render as.
bistance.

On the application of Col. H. Sandham' commanding
the Royal Engineers' establishment at Chatham, the
authorities have accorded permission for the troops be-
longing to the Royal Engineers to continue their opera-
tions in destroying old Rochester-bridge.
The Iris, 26, Captain W. Loring, C. 8., fitting at
Chatham for the Australian service, is to go into dock
for the purpose of making good her defects.
In consequence of the frequent acts of robbery which
have recently taken place at Woolwich by ruffians in
the uniform of soldiers of the Royal Artillery, Major-
General Sir W. F. Williams, commandant of the garri-
son, issued an order to assemble the whole of the regi-
, merit on parade in front of head-quarters. The com-
mandant, accompanied by his staff and a number of
field officers on horseback, accordingly arrived on the
ground at 10 o'clock yesterday morning, where the entire
reg,ment had been previously drawn up, and formed
three sides of a square, the battalions composing the
centre rank in one continuous column. The Royal
Horse Artillery, dismouute3, occupied the right face,
and the field battalions the left. The General first ap-
proached the batteries, and in an energetic and elaborate
address informed them how much he regretted the
disgraceful occurrences which had taken place, and for
which reason he had called them together, in order to
express his indignation and disgust. One of the instances
to which we would refer was committed on ae officer of
high standing and deserved estimation in their own roe-
met,t. He assured them he was fully certain that his
disgust at these outrages was appreciated by the entire
regiment, as the pride and honour of the British soldier
was deeply wounded therein ; and he felt confident that
the majority of those present felt as much disgust as him-
self. Among so large a body of men he could not, natu-
rally, depend on the integrity of every individual. Their
character, however, as a body, had been much lauded in
his presence on various occasions, and from his own per-
sonal experience he believed from his heart they deserved
every word of it. He exhorted them to endeavour te check
any evil habits which the better disposed might at any
time perceive in any of their comrades, and made sundry
remarks on the conduct of the men generally. The
General afterwards advanced towards the Royal Horse
Artillery and the field batteries, had addressed them
separately in a similar manner, after which they tiefiled
and returned to quarters.
The freightship Priscilla went down to Woolwich yes- '
terday morning, laden witheMnance atoms, and shipped
90 quarter barrels (21 tons) of ball cartridges and percus-
sion caps; and sailed in the evening for Cape Coast
Castle.

The freightship Foster likewise arrived yesterday
morning at Woolwich, and, having shipped five tons of
powder, sailed for Demerara.

Thefreighthip Challenge is engaged shipping clothing,
and will embark 354 quarter barrels of ammunition, fur
Gibraltar.

The treightship Vesta has taken in a cargo of gun.
carriages, and sailed for Woolwich to fill her magazine
with powder and ammunition, for Rio Janeiro.
Instructions have been received at Woolwich, order-
ing a reduction of the Government establishments there
in general. All acting appointments made during the
war are to be abolished, and extra clerks to be di,charged
on or before the 31st instant. 250 labourers are to be
dismis.ed from the factory department of the dockyard,
and GO have received notice to leave at the end of the
month from the storekeeper's department of the Arsenal.

The Amphion, 36, screw steam frigate, Captain Henry
Chads, is under Admiralty orders to be paid off at
Sheerness on the 6th of February next.
The new screw steam frigate Emerald, 50, and 600
horse power, made her official trial yesterday between
the Nore Lightvessel and the Mouse Lightvessel, i❑
charge of Mr. John Jackson, assistant master attendant
of the dockyard at Sheerness, and was under way for
about eight hours. She is a very fine frigate, of 2,913
tens, O.M. ; length between perpendiculars, 237 ; ex-
treme breadth, 52 feet 6 inches, and was built at Dept•
lord under the superintendence of Mr. Chatfield, master
shipwright of that yard. Her draught of water was for-
ward 18 feet, aft 19 feet 10 inches, and her speed by
patent log and observation was 12 knots. Her engines
are on the horizontal direct acting principle. The
weather, though calm, was so hazy as to render the na-
vigation exceedingly difficult at so high a speed, but her
steering qualities are admirable.