The Sun.
London, England, 1826-12-04 00:00:00

iliately. The crew having succeeded in getting the long-boat and
jolly-boat afloat, embarked in them, and endeavoured to...reach
Murray'i Island, which was the nearest land, and where
Capt. Gillett expected that some of the vessels from New South
Wales might touch. After two days' exposure to the weather,
without food or water, they got sight of the island, but the long
boat was unfortunately driven upon a reef of rocks, and swamped.
The first and second officers, with twenty-two lasears, were on
hoard of her, and we are sorry to add, met with a watery
grave. The jolly-boat reached Murray's Island in safety,
and her crew, consisting of Captain Gillet, a passenger, and
' ten men, were brought on in the John Munro, which vessel
touched at the Island two or three days afterwards. The in-
habitants of Murray's Island are described as little better
than savages, many of them going about perfectly naked. They,
however, treated the ship-wrecked men on this occasion with
kindness, a proof that hospitality is a virtue natural to man.

A letter received this morning from Paris gives the
following extract of one from Madrid, dated .Nov. 22 :
Government received information this morning that the Portu-
guese Refugees on our territory were going to enter Portugal,
divided into three columns, and that Counts Silveira and Ama-
ranthe were at their head. A courier, which arrived on the 18th
at night, announces positively that the three columns are already
within the Portuguese territory, and marching on Braganze.

By Gibraltar Chronicles to the 18th Nov. which have been
received, we learn from Cadiz, that the French force in that
place were likely to be on the increase, and are likely
to continue in the occupation of that part of Spain,
numerous recruits being expected by French vessels of war to
complete the different regiments; the number of troops in garrison
was about 11,000, commanded by Gen. Viscount Guilin, besides
ac the Isla, 1,200 artillery and engineers.
On the Bth instant the Algerine squadron coming from the
Eastward passed Almeira, and captured lien• or five Spanish craft ;
it consisted of one large frigate, three politer,. ships, one brig
schooner, and one schooner.

The House of Commons met on Saturday, and
lassed the Corn Indemnity Bill, but proceeded to no

other business.

It is with the most unfeigned satisfaction that we
perceive that the attention of Parliament is to be di-
rected towards the law of conveyance of real property►
because the effect must be to simplify titles to quiet

possessions, and to assure men in the enjoyment o
their lands and hereditaments. That the law of title
to real property ought to be more strict, and the law of
transfer of real property more solemn and formal than
that which regulates the possession and transfer of
personal property, we take to be admitted on all hands.
But if indeed there are any who doubt the correctness
of this position, it is only to observe that the subject
of the law in the first case is always to be found being
fixed, and 'in the second that it is transitory, to remove
all scruples and induce a full acquiescence in this princi-
ple. Those whose fate it has been to be the purchasers,
vendors, or owners of real property, and also those
thethe depth managingof tandiie sellingit theis
cseotrincee,rnkettwas
fullage nwtseliin evil
purposed to remedy, and they also know the sub-
ject is one of extreme importance and of extreme
difficulty. They look upon the piles, upon piles of
musty parchments here and there ornamented
with a pendant seal of huge dimensions, and they
wonder how many and which of these musty deeds,
consistent with the safety of their titles, they may part
with. They gaze on ; and finally, in despair, close the
lids of their deed boxes, having, on mature reflection
determined, that although the better part are useless,
as useless would be the attempt to find out this useless
parcel. Being staunch friends and great admirert of
the simple principles of the ancient common law of
England, we beg, from our great regard to this excel-
lent system, to state, that the evils which we thus de-
precate, arise from abuses of the common law, and are
indeed no part of that system which is resplendent
with wisdom, and shines even yet with, undiminished
lustre, although operating with less vigour than in
ages past. le ancient feoffment, with livery of
setsin Endorsed, is the method of conveyance pointed
out by the rules of the common law.
It would occupy too much space here to enter into
the reasons that led to the disuse of this simple me-
thod of conveyance, suffice it to say, the notoriety at-
tendant on actual delivery of a part of the land sold, in
the name of the whole, by the vendor to the purchaser,
interposed an insurmountable barrier to the practising of
frauds, and accordingly every plan was devised to avoid
n dCmh
nanstoeinegffeencitnends
lwhatawy lawyers
the
fc ot r idv aany cceos
could
the necessity of glinting what, in law, is called " livery
he
foi the best seism."
*iachieve
and this introduced the modern system
occi n
Igo
nb gydeeds—the lease and
long
conf
inc
tnavnetys an
itsterms-
of years ; and a multitude of inte • rvening estates, all
carved out of the same fee, and all ultimately
centering in a remainder vested in one person, perhaps
yet unborn, expectant on the determination of the pre-
ceding estates. Any body at all acquainted with the
doctrines of remainders cannot but admire the beauti-
ful and the mathematical deductions, and the superb
train of comprehensive reasoning on they which rest,
and it is this, together with the learning upon the
executory devises, which forms by far the most abstruse
and most difficult portion of the law of
real
property.
Whether this branch of the law can be touched or not
with advantage, we presume not to say, but
quite certain the experiment will be dangerous, unless
put in force with the greatest caution and almost super-
human foresight. The doctrine of barring estates tail
either by fine or recovery, is open, however, to, a very
obvious amendment, viz. in allovving the declaration of a
tenant in tail duly engrossed on parchment, and enrolled
with one of the officers of the Court of Common Pleas,
to have the same effect as a fine or recovery in barring all
estates expectant on the determination of, the estate
tail. This declaration might be permitted to speak
for itself, and it might have a limited or extended ope-
ration, defeating all or a part, at the option of the de-
clarer, of all the remainders expectant on this estate.—
This, in fact, would simplify a difficult proceeding, and
grant no new power to the tenant in tail.
The next step that might be taken would be to give
greater effect to the statutes 40 limitations, and
for quieting possessions. Adverse possession for
a given 'number of years (say sixty) ought to be
a good title against all the world, and the
time should begin to rim from the first ascertained
date of the first wrong-doer getting into possession;
and no plea of disability, as infancy, coverture, ab-
sence beyond sea, or the like, ought in these days, to
be permitted to defeat a title strengthened by the fact
of notorious possession for such a length of time.
These two suggestions we have ventured to throw
out fof consideration ; but there are a multitude of
other minor points of this nature which admit of very
easy arrangement, and an alteration in which would
he Ltteadecl with great public advantage. We trust,
them efore, to see Mr. HARVEY proceeding with his
plans until he shall have brought them to an auspicious
conclusion.