Star.
London, England, 1829-06-26 00:00:00

abolished. The effect of this will be, to deprive the
Lords- of Manors in ancient demesne of the means of
reversing isles and recoveries levied and suffered in
the Court of Common Pleas at Weaminster, of lands
held of those manors, and of restoring the lands to their
ancient tenure, and to relieve the titles of the tenants
of those manors who may have levied or suffered such
fines or recoveries from the mischiefs which, as we have
already pointed out, would arise, if such fines or reco-
veries were reversed. To prevent the injustice which
it may be considered would be done to Lords by being
deprived, by the abolition of the writ of disceit, of the
means of restoring the lands to their ancient tenure,
we propose that all fines and recoveries which within
the last twenty yews have been levied and suffered in
the Court of Common Pleas at Westminster, of lands
of the tenure of ancient demesne, shall be void as
against the Lord, but shall be as good in all other re-
spects as if levied or suffered in the proper Court. We
have fixed the period of twenty years, as that is the
general period of limitation proposed by us in that part
of our Report relating to the Limitation of Actions.
With regard to the alienation by a married woman
of her real estate, the only utility of the fine appeals to
consist in its providing for her separate examination,
snd placing this examination under the superintendence
of a Court of Justice, so as to avoid all future ques-
tion as to the fact of the examination having been pro-
perly taken.
As this examination affords undoubtedly some pro.
tection (though perhaps in many cases an insufficient
one), and it appears to be the only protection which can
be afforded without imposing too great a restraint un
alienation, we think that very nearly the same :node of
examination should be continued. although we do not
think that a fine is necessary for the purpose.
What we propose is, that standing Commissioners
shall be appointed for each county by the Chief Justice
of the Common Pleas; and that a married woman shall,
upon a private examination as to her free consent by
one of the Judges, a Master in Chancery, or any two
of the Commissioners to be so appointed, be allowed,
with the concurrence of her husband, to dispose of her
real estate by deed as if she were a !erne" sole. The
deed by which the disposition is made w;11 have in-
dorsed upon it by the-Judge, Master in Chancery, or
Commissioners, a certificate of the fact of the examine.
lion having taken place; a corresponding certificate,
identifying the deed, will be transmitted to the proper
officer of the Court of Common Pleas. accompanied by
such an affidavit as that Court may require ;the officer,
on ascertaining their authenticity and regularity, will
into' the certificate and file the affidavit, and thus the
proceeding will be complete. An office copy of the in.
rolled certificate, which will accompany the deed, -will
furnish the evidence of its regularity. When a married
woman is abroad, and in some other cases, a special
commission from the Court of Common Pleas to take
her examination may issue as at present. .
It appears to us, that by these means all that is now
accomplished by a fine will be equally well accom-
plished, and in a more simple manner.
Our reason for requiring the inrolment of the certi6.
este is, that by these means the examination will be
still under the superintendence of the Court, and the
sanction of the Court being given to each examination.
any future question as to its having been properly
taken will be prevented. We propose that the Court
shall still hive the power which it now has of making
orders with respect to the mode of taking thee:aroma.
'ion, in order that such provisions may from time to
time be made as experience may suggest. It will be
the duty of the officer in each instance to see that these,
orders have been complied with before he iurols the
certificate. If any doubt arises special application will
be made to the Couri.

As the sanction of the Court will be thus given by
the inrolmeot of the certificate, we think that the inioi-
ment should be essential to the validity of the trans•
action ; at the same time, we think that when the deed
has been properly executed and acknowledged it should
be considered as complete. subject to the condition of
the certificate being afterwards duly inrolled, and that
the deed should therefore take effect from the time of
its execution and acknowledgment; and not from the
time of the certificate being inrolled.
What we have proposed with reyisect to land may,
we think, also apply to money to be laid out in the pur-
chase of land. Whether the powei which we have
proposed to give a married woman over her real estate
may not be extended to reversionary and contingent
interests in personal estate, is a matter. although not
strictly within our province, yet so nearly connected
with the subject of this part of our inquiries, and of e
on which, from some recent decisions, so much diffi-
culty has been felt, that we may perhaps, without im-
propriety, suggest it as deserving consideration.
(To be continued.) • ' '