The Sun.
London, England, 1829-06-18 00:00:00

LAW OF REAL PROPERTY.

Yesterday Mr. Miller, the chief officer, reported
to Mr. lIiRDWtCK and Mr. %ft:ITT, the Magis-
trates at Lambeth-street, the result of the inquiries
he had been directed to make into the circumstances
attendant on the melancholy suicide of Miss Her-
mandine Both, and, the unsuccessful attempt made to
the accomplishment of a similar catastrophe by her
sisters. It was to the following effect, and betrays
!in eccentricity of habit, and a morbid jealousy cf
their rank in life, which approaches to insanity. The
three sisters, after their liberation front Whitecros,-
street prison, through the humanity of Mr. Sheriff
Copeland, went to reside at the St. James's Hotel.
They there remained for some time, when funds to
liquidate their bill not being forthcoming, they were
obliged to leave. Their next place of abode was at
Mr. Williams's, No. 48, Sloane-square, where they
continued for the space of three weeks. Mr. Jaunty,
the land-keeper in Leicester-square, having, by the
directions of Mr. C—, a solicitor in the City,
discharged the rent of their apartments. Their
third lodging was at Mrs. Wells', in Sloane-street,
from whence, after a stay of three more weeks, they
were compelled to depart for the twofold reason of
their being in arrear of rent, and their lodgings be-
ing let to oilier tenants. -They left her houses. Mrs..
Wells says, between eight and nine o'clock on Mon-
day evening, taking with them one of their trunks,
and leaving the other, which she detained until her
debt was discharged. The trunk which they re-
moved was c 'tried by Joseph -Gale. a porter,
to the Golden Cross, and bore the direction,: of
Mr. C—, to be left at Hook's coach-office,
King's Arms, Deal. This Mr. C—, it ap-
pears, is married to one of the sisters, is a
Lieutenant in the army, and the brother of a solici-
tor, who had previously been accountable for the
rent paid by Mr. Jaunay to Mrs. Williams. When
the sisters left their last lodgings, they informed
their landlady that they were about going to Dart-
ford, but the event proves that such was not their
intention. On Monday evening they called upon
Mrs. Jaunay, and urgently requested her to let them
have some money. Surprised at their earnestness,
she asked them for what they required it ? and they
replied, to go to Woolwich on a business of im-
portance. She, having frequently contributed to
their relief before, and supposing it to be some ima-
ginary scheme they had on foot, refused their re-
quest, assigning as a reason for doing so, that she
could not, from her frequent previous contributions,
afford to accede to it. According to the account
given by Mr. Jaunay, it appears that their erratic
conduct is to be attributed to an excessive feeling
of the dishonour inflicted on their family by the sup-
posed seduction of a young sister by an officer of the
English army. This quite disorganized their minds;
and under the impression that their self. destruction
would wipe away the imaginary stain, the sisters
(five in number) were rowed into the centre of a
lake, into which they simultaneously plunged with
the intention of terminating existence. Two of
them were the sacrifice of their distempered sensi-
bility, and the three survivors were the ladies who
sonic time since arrived its England, and whose con-
duct has excited so much interest. To the idea of dis-
grace another succeeded,—viz., that they had large
claims on this Government for services alleged to
have been rendered by their father; and to recover
these they came to London. On their arrival here,
they lived in the most fashionable and expensive
hotels, and incurred so many debts as shortly
to place diem within the walls of a gaol. On
their liberation, his Majesty was graciously
pleased to transmit .501. to enable them to return
to their native country; but in the place of appro-
priating it to the purpose for which it was destined,
it was in a few months expended, and they were
left as before, pennyless. Count Minister, the Ha-
noverian Ambassador, subsequently interfered in
their behalf, and humanely offered to pay their ex-
penses home, if they would engage to return to
their friends. To this considerate proposition they
at first joyously acceded ; but being informed that
their conveyance to Dover was to be a stage-coach,
their pride recoiled, they contemptuously spurned
the offer, and peremptorily refused to move, unless
a private carriage was provided for their journey.
Thus far was in substance the report of Mr. Miller.
In the early part of the day Mr. Schmidt, the trans-
lator of languages to the committee at Lloyd's,
waited on the magistrates, and had a long inter-
view with them, relative to our yesterday's report.
Having learned that the young ladies to whom he
has been a steady friend were in lodgings at Mill-
wall, Poplar, he went there to ascertain the state
they were in. On his return he brought with him,
to account for their non-attendance, a certificate of
the surgeon who attends them, stating that they
were labouring under a slight degree of fever, and
then communicated the subjoined particulars :
Their father, he said, was formerly the chief fencing
master to the Hanoverian Court, in virtue of which
he enjoyed a pension, which, through the liberality
of that Government, was continued to his family.
Having a larger house than he had occasion for, he
received—a circumstance not unusual with respect-
able families on the Continent, several persona en
pension, or boarders. Among these was Mr. C—,
who eloped with one of the daughters, a circum-
stance which lie understood was the original cause
of the strange conduct of the other sisters. On that
morning he had seen the only two which now sur-
' vived,and had along conversation with them. In the
course of it, the elder sister observed to him, that they
were offered a shelter, on conditional terms, in a
convent in France, if they would accept of it. The
terms were, that they should abjure their religion,
the Lutheran, and adopt the Romish faith. This
they could not think of, and consequently lost the
proffered advantage. They seemed when he saw
them to be under the influence of a strong religious
feeling, and expressed an anxiety for the spiritual
assistance of a German clergyman. The unfortu-
nate female who perished was, he said, the youngest,
and constantly carried a dagger in her girdle, as in-
deed did the others some destructive instrument, and
his opinion was, that they were mentally deranged
and that at some period or other they would effec
their deadly purpose. The place he had found them
in was a wretched hovel at and he
thought that to prevent an aggravation of their ca-
lamity the sooner they were removed from it the
better.

----- -
Mr. HARDWICK, to whom these observations
were addressed, observed, that every thing in his
power that could contribute to their comfort should

he done.
In the later part of the afternoon several gentle- '
men, friends of the young ladies, called upon and
had interviews with the Magistrates, among whom
were the Messrs. C-, one of whom is their
brother-in-law, and from their communications it
appeared that every effort that kindness, humanity,
and advice could accomplish, was exerted in their
favour, but, owing to their obstinacy, in vain.
Though the river has been repeatedly dragged,
and boats were all day in search of the body of Miss
Hermandine Both, it was not up to a late hour yes-
erday recovered.

BEILBY THOMPSON, Esq., M.P., entertained
Lord and Lady KING and a Urge party at dinner yesterday,
at his house in Berkeley square.
H. HINCHLIFFE, Esq. had a large party
at dinner yesterday, at his house in Green-street, Gt os-
venor.egnare.

Real
en
t Pioronpteorty, it
The First Report of the Commissioners ap-
pointed to. enquire into the Law of England re-
tamdgu
eR !cao:
njonts:
wbeeetnhpir:kin,tefadi.l
It is an elaborate and highly valuable document ;
and
to prove of eminent public benefit.
After a most handsome acknowledgment of
the assistance derived by the Commissioners
from all classes of persons connected with the
Administration of Justice and the practice of the
law, particularly the Gentlemen at the Bar who
confine themselves to the department of Con-
veyancing, the Report thus proceeds :
We have the satisfaction to report, that the
Law of Real Property seems to us to require
very few essential alterations ; and that thOse
which ire shall feel it our duty to suggest are
chiefly modal. When the object of hansactions
respecting land is accomplished, and the estates
and interests in it which are recognised are actually
created and secured, the Law of England, ex-
cept in a few comparatively unimportant parti-
culars, appears to come almost as near to. per-
fection as can be expected in any human in ti-

tutions.
The owner of the soil is, we think, vested witis
exactly the dominion and power of disposition
over it required for the public good, and landol
property in England is admirably made to answer
all the purposes to which it is applicable.
Settlements bestow upon the present possessor
of an estate the benefits of ownership, and se-
cure the property to his posterity. The existing
rule respecting perpetuities. has . happily hit the
medium between the strict entails which prevail
in the northern part of the island, and by which
the property entailed is for ever abstracted from
commerce, and the total prohibition of substitu-
tions and the excessive restriction of the power
of devising established in some countries on the
Continent of Europe. IR England families are
preserved, and purchasers always find a supply of
land in the market. A testamentary power is
given, which stimulates industry and encourages
accumulation ; and while capricious limitations-
are restrained, property is allowed to be moulded
according to the circumstances and runts of every
family.
Where no disposition is made by will,• titer
whole landed estate descends to the eldest CO
or other heir male. This, which is called the
Law of Primogeniture, appears far better adapteJ
to the constitution and habits of this kingdom
than the opposite Law of equal Partibility,
which, in a few generations, would break down
the aristocracy of the country, and by the endless
subdivision of the soil must be ultimately unfa-
vourable to agriculture and injurious to the best •
interests of the State.
But a view of the law respecting the transfer
of Real Property suggests remarks of a different
nature. It appears to us that the modes by
which estates and interests in Real Property arc
created, transferred, and secured, are exceedingly.
defective, and require many important alterations.
This proceeds in a considerable degree from
rules and maxims, which once were suitable anti -1
rationable, being maintained when the state of
society and the modifications of property atos
chinged. Statutes have been often passed on
the spur of the occasion, with little regard to the
harmony of the system : and from the reign of
your Majesty's illustrious ancestor King Ed-
ward I. till the issuing of this Commission by
your Majesty, there has been no general revisiorl
of the law. In the time of the Commonwealth
Commission was appointed to consider of legal
reforms, over which Sir Matthew Hale presided,
and of which several other lawyers of great emi-
nence were members; but their laboms were
frustrated by the disordered state of the times.
have ti
correctedlong
piierexisrietlillcicilibcepmeielteseasstdinoooyanftaesobetcfrnii
itisitnilpegigscri
vildritaoeciradii:inirtitrsalot aidaob:llcedebdJretetnt dwslpgaeeie ;lc;
improvements ; yet their decisions have occa-
e
al
jurisprudence.
sfr
rigid
indtaililaeyd
They have found themselves unable to break
through rules become purely arbitrary. Thus,
although military tenures have been long abo-
lished, the incidents of military tenure are still
often referred to in judicial argument ; and the
manifest intention of the parties to a deed is at
this day liable to be defeated, because the law
supposes that there must always be a tenant
seised of the freehold to attend the Lords Court,
and to defend any real action that may be brought
by an adverse claimant.
The cumbrous and circuitous forms of con-
veyancing now in use are founded on antiquated
doctrines. The principles of the feudal system
strictly forbade the transfer of a feud or freehold
interest in land by deed, unless accompanied
with the open and public delivery of the posses-
sion of the property ; but this strictness was not
considered to apply to the creation of any inte-
rest in land less than freehold (to perfect which,
however, entry was requisite), nor to the enlarge-
ment of such interest to a freehold interest by a
person having the freehold in immediate expec-
tancy. A man might therefore, with or without
deed, give to another a temporary interest in land,
.and immediately afterwards transfer the reversion
to him by a mere deed of release, the relessee
having actually entered and being in possession
of the land. Hence the almost universal mode
by which property is conveyed at the present day,
by the assurance of lease and release, the Statute
of Uses perfecting the first estate for years with-
out au actual entry.
Dower has long ceased to be the provision
for widows, but the legal right to it remains in
its ancient strictness. To evade this, and to
make obsolete law bend to modern usage, there
arc introduced into every conveyance upon a
purchase of land, limitations which not only
swell its bulk, but sometimes lead to very incon-
venient.consequences.
Tho adherence to the rules of The Common
Law, which, for the purpose already mentioned
of preserving the notoriety of the legal seisin,
forbids the creation of future executory and
shifting estates, early introduced the practice of
convey ng to uses, whereby the legal estate was
in one man, and the beneficial interest in another.
In the reign of Henry VIII. the Legislature
interfered to correct the mischiefs arising from
this double title, but attempted to do more than
could be accomplished, drawing no distinction
between active, passive, and constructive. trusts;
:ind stopped short of what was practicable, in not
authorising directly the modifications of property
and of transfer, which had been effectuated
through the medium of uses, and which the
wants of mankind required. Hence the Judges,
on the pretence that the Statute did not apply to
a secondary use, or a use upon a use, and for
the real purpose of preserving the powers over