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

PRUSSIAN STATE GAZETTS.

CONSTANTINOPLZ, MIT Ts.
The Tuokish Beet has appeareJ again in the Black
Sea, and fallen hi with four Russian frigates; being so'
superior in force, it succeeded in capturing one of th m,
the Raphael, of Se guns, which was brought to &jolt-
dere, where the Sultan has inspected it. One hundred
Russian soldiers and eight Officers have been set at
liberty by the Turks, and sent to Odessa.

BERLIN, Joss stir.
The Commander of the Russian fleet in the Black
Sea has sent the following teport 14 30th May—
. ." On the 26th there was an action between one of cur
small ships. the Mercury brig. and two of the enemy's
men of war. On the 27th the brig rejoined the fleet.
Its masts shattered by the enemy's balls, and its sails
and cordage cut to pieces, are so many proofs of the
terrible conflict front which this little vessel has escaped
with extraordinary honour. Captain Kasersky gives
the following details;—' On the 26th, in the morning,
the whole of the enemy's fleet put to sea with the de-
sign of capturing one • small vessels cruising at the
entrance of the chant' ell To escape the threatening
danger, the Captain of the Standard, a frigate of the
smallest class, ordered the other vessels to take each its
own course. The Mercury accordingly sailed N N.W.'
fr,om the enemy,. whom lett in the S.S.E. But with
all its exertions it could not get out of sight of its pur-1
suers. Two of the best sailers of the enemy's fire, the
Capitan Pacha, of 110 guns. and another of 74 gwils
under an Admiral's -Abut. approached !tearer and nearer,'
and at two.e.w. were within cannon shot of oar brig. '
At this moment a favourable circumstance Leased to
give the Mercury hopes of escaping. The wind sod-
denly died away, and Captain Kasarsky endeavouted
to escape by rowing. This hope was of short dura-
tMn; the wind soon sprung up again, the enemy
drew nearer, and began to fire with his nearest
guns. The brig had, no ,alternative but to surrender,
or engage in the moss, unequal contest that ever took
place. Captain Ka!iirs4 consulted his officers, and the
latter was resolvestApqa. L Procofieff, the pilot, was
the first to propose p blow op the brig, and it was re-
solved to make long a defence as possinle, and if the
ship Jinni.' spring a leak that could not be kept down
by the pumps, to bring the brig as close as possible to
one of the enemy's ships, where such one ot the officers
as might be still living should blow it up; for which
end a loaded pistol was placed in readiness in the
powder room. The rest of the crew r ere inspired
with the same heroism. and each was impatient to con-
tend with the powerful enemy, and to meet an honour-
able death under his own flag. The Mercury then began
the fire; butane of the largest of the enemy's ships got
round it, and threatened it with a broadside, from which
it was saved by the courage of the crew. The enemy's
ships at length succeeded in getting our brig between
them, and, amidst the increasing roar ot the cannon, it
was summoned by the Capitan Paths to surrender. A
hearty cheer, accompanied by the fire civil the cannon
and small arms, was the answer which animaied the
enemy to greater efforts. Till hall past four the Meteor y
was exposed to a constant file from both vie enemy's
ships, which it sustained with the greatest firmness,
endeavouring. by all possible manoeuvres. to avoid its
effects. aie el the enemy's grenades even set u. on
fire, but the crew succeeded in extinguishing the fire.
" About this time the heroic resolution of the Mer-
cury was crowned with brilliant success. It had turned
its broadside to the Capitan Pacha. and so much in-
jured its masts, sails. and rigging. that it was obliged
to consult its own safety, and desist from the engage-
ment. The Admiral's ship continued it obstinately: it
had placed itself at the stern of the Mercury. and in this
advantageous position its well-supported fire threatened
to sink the Mercury. But nothing could subdue the
courage of men who had devoted themselves to death.
At balt-past five their efforts succeeded in silencing the
fire of this ship also, after they had greatly damaged its
rigging, shot away most ot its masts, and done it other
damage, which at the moment was irreparable.
" During this action, in sight of the whole of the
enemy's fleet of six ships of the line, (including the two
engaged);two frigates and three other vessels, and
which was of above three hours' duration, the Mercury
ha/ fOur then killed& 'and six wounded; 22 balls in the
bull, several between wind and water, 16 in the masts,
and 133 in the sails. The tackling is damaged in
.140 places.
" Thus bas a SMUG brig of 18 guns silenced the
fire of 184 guns of the enemy, and a crew of 79 men
baffled the effuits of an enemy 20 limes as aurarrous..
Immense damage has been done in Silesia by the sud-
den overflowing of the rivers, in consequence of heavy
and long mintsimed rains—Prussian State Gas. Jaw 20.
THE HAGUE. dullest. •
The Duke of Norfolk, Mr. Blount, and as James
Mutiny, iligb Sheriff of the comity of *Clare, lately ar-
rived st Brussels from London.
• .kamaiaa* Jsys ladies. Leaden, ILO?. Me& t
sournig, Memaliadslib trasitimar me

•
NOTICES OF MOTIONS,
WHIM, POW STAND IN THE ORDEN-100k Of THE MOUSE
,01 COMMONS, 1011, THE NUT SESSION.
I. VI& Zilch°loon Calvert—BM to prevent bribery and corrop-
don le_ alp borough of Ras Retford.
S. MO Tennyoon—Bin to eaciode the borough of Ran Retford
from elating burgesses to serve in Parliament, and to enable the
town el aretingbam to return two representatives in lieu thereof.
Mgt Robinson—Select Committee to inquirr into the state of
Newfoundland and Labrador, with a view to amend the laws re
Wog to;tbeee settlements.
. .

4. Lard Jolts Russell—Bill to enable the towns of Manchester.
Leeds. and Birmingham. to lend Representatives to Parlament.
5. UV Sykes—To move for the Equalization of thi Doty on
Deals disported into this country from the different pons of the
Raids; ,sad therefore to propose that the Duty should be estimated
by the Cubic Contents. instead of the present complicated. Jasper-
feet, and partial standard.
6. Marquis of &android—To move for ti Committee to inquire
into the causes why the people are not represented in this House
wording to the spirit of the Constitution; or to bring forward some
sped& niossure to restore the purity of tepretentatino.
7. 8k James Macinto.h-11111 for the relief of Mr. O'Reilly and
other mars se by Itsselveocy of the Registrar of the Court at Madras
S. •Drs rbillimore—Bill to alter and amend the Erciedastical
Jorisdkdon demised is the. seven! Country Coins tligoilliout
England and Wake.
9. Mrtanterert.(ot Bevirlrr)-aSelet3 CoMesittee. to burins late
reiatorepe' weirfeee, and eommerce if Ceylon.
10. •it'. ilibtharp—lltllfor the regulative of the Posies through.
out Cheat Britain, and plating k on Genie regular system.
11. Mr. Beigin-a•Seleet Committee on the &ate and Manage-
ment of the River Thames, above Loodun in relation to
its internal Navigation.
N. Sit H. Parnell.-Seleet Committee to inquire Into the best
means of taking a •C,erisullof the PopsladOn of the United Kingdom.
13. Mr. Charles Paliner...Addrees for the Appointment of a
Commission mintier into he jurisdiction and practice of the Lords
of the Privy Council, in respect to Appeals from the West India
Wools% dod she Acts of Colonial Legislatures.
14. Mr. Harvey—Bill to render all Processes Issuing out of
the Superior Coons of Record at Westminster or Dublin operative
In any county or place of the United Kingdom.
IS. bin Stanley—Bill to amend the Laws respecting the Leas.
fig Powers of bebop' and Ecclesiastical Corporation! in Ireland.
16. Mr. Paden Monism—Bill to allow the Formation of Part-
nenhips in Commasdite.

17.-Mr. Greene--Bill to enable the Incumbents of Livings in
England and Wales to Commute their tithes by agreement with
tbfowsmers of land within their respective parishes.
IL Mr. Lennard—Bill to repeal the third and fourth clauses of
Act 10 Geo. 11.1 21, which empowered the Lord Chamberlain to'
prohibit the se:ins et say new play or entertainment on the stage.
19. Marquis ut Chandos—Bill to make certain alterations in the
Game Laws.

110. iir:Cushingron—Bill to declare that all slaves brought to
Groat Britain shall• thereafter be free to all Held& dominions.

vl. Mr. Meney—Bill to &dare and amend that part of the Poor
Law relating to the employment and relief of able bodied persons,
and for the better rating tenements wbich are ender a certain
mama value.

IN Mr. Sadler—To introduce measures with a view to bettering
the countless of the Labouring Poor.
23. Mr. Utway Cave—To move a Resolution that Children born
of Slaves in the West India Colonies, after 1930, be deemed free.
24. Colonel Davies—Motion relative to secondary punishments,
.11 transportation and prison discipline.
25. Colonel Davies—Considesation of the Report from the Cons-1
mittee on Crown Leases (conduct of Mr. Nash).
26. Mr. George Lamb—Bill to alter and extend the provisions
of the Acts 8 Attne, c. 19, 41 Geo. 111. c. 107, and 54 Geo. In.
c. 154, with respect to dramatic writings.
11. Mr. Harvey—To take into consideration the present state
and wool value of ell Crown Property, with a view -to its benea-
th' disposition.
U. Mr. Edward Davenpoet—Motion on the pressure upon the
commercial and labouring dasses, produced by high taxation levied
to money of increased value.
29. air. Edward Davenport—Motion on the conduct of Ids Ma-
jesty's Government respecting Portuguese affair.. •
30. Mr. Warburton—sdil for regulatiog bchuola of Anatomy.
31. Lord Nugent—Bill for este:dishing a Register et the Binh,
Sr Children of Dissenters.

SS. Mr. /Newt—Select Committee to inquire into the state of
the Courts of Law (particularly the King's Bench). for the purpose
of ascertaining whether they might nut be easily and cheaply altered
for the better acconinskclatiou df the public and of the professional
permits who practiw inNkc.safd Courts.

53. Mr. Ciailmelry—Motiou for the repeal of the Act prohibit-
ing the growth of Tobacco in the United Kingdom.
34. Mr. Cholmeley—Motion ter amending the Itepresentation of
such Boroughs as do not contain more than 10 totem.
_ _ _

PARLIAMEN FAR it PAPER.
REPORT OF THE COMMISSIONRRS ON THE LAW

OF ItEAL PICUPKIITY.

(Continued front our Paper ot yesterday.)
Those whit are conversant with transactions in regard
to property. must feel that there is no object, however
complicated, that could rot be effected by a single in-
strument, expressing in clear and intelligible langutge
the intentions of the patties. We can discover no pe•
culiat quality in estates tail, or remainders, or rever-
sions espectunt upon them, which should make it expy
dient to operate upon them only by a fine or recovery.
Several centuri,s have passed since fines and recove-
ries were fist used as common assurances. Wish some
exceptions, they seem to have been since looked upon
with a sort of veneration by successive generations of
lawyers. who, Irons their having twined part ot their
legal studies, and from the working of the machinery
having grown familiar to them. have become insensible
to the consideration, that their utility arises solely from
toe circumstance, that the law has provided no simple
and di'ect means of effecting the important objects io
regard to real property, to which these processes have
been, as it may be said, forcibly applied. So powerful
is habit. that men are satisfied with the effect produced,
aid ai.segard the intricacy and expense of the process,
and the dangers to which it leads.
We conceive we have shown that fines and common
recoveries, together with the whole mass of technical
law relating to them, tie mete excrescences from the
main body of our laws; and with confidence weexpress
wit opinion. that the abolition of them would be highly
beneficial to the owners of teal property, while it would
relieve both counsel and solicitors from much useless
learning and responsibility ; our opinion is supported
by many learned authorities, and by most of the eminent
practitioners of the present day.
As warranty, though applicable in some cases to the
barring of entails, is ill adapted to the purpose, and out
of use, we recommend that it should be abolished, so far
as it applies to estates tail; and that in future there
should be only one mode of barring them.
As it is our intention hereafter to recommend that
contingent and executory interests shall be transferable
at law, there are only two objects effected by fines and
common recoveries, for which it will be necessary to
provide in our present Report, namely, the barring ot
entails, and the passing and extinguishing of the estates
sights and interests of Guided women in lands not held
by copy of Court roll. To effect these objects it 'will
be advisable that same substitute for finessed common
recoveries should be adopted which should operate
and take effect without-reference to those fictitious pro-
cesses, or the laws relating to them, so that the whole
of that branch of our laws may.in course of time die
away, as the substitute shall be gradually introduced
into titles

We propose as the substitute, in ovary ease except

that of lands held by cispy of Court roll, a common
conveyance, which for the reasons I ereafter stated, we
think should 'be iorolled. And we rropose that by the
substitute, a tenant in tail of lands, not held by copy of
Court roll, should have full power as again.t the issue
in tail, and all persons claiming any estat • or interest
in remainder expectant upon or in derogation of the
estate tail, to dispose of the lands entailed as it he were
tenant in lee simple. It would be too broad a principle
to establish, that a tenant in tail, whether in possession
-or in remainder, should be enabled to bar the entail and
the remainders over without any restriction, and the
giving him such an uniestrieted power in all eases
might be productive of serious evils, by rendering
family settlements abortive. Although the rule re.
quiring the concurrence of the person who-has the
freehold to make the tenant to the " przeipe" in a
recovery is purely technical, and is liable to many
onjettions, as we have already stated, yet great bent.
fits„ which could• not originally have been contem-
,' plated when recoveries .were first applied to the
batting of entails, have resulted from it. It has given
parents who, in family settlement,, usually have the
first estate of freehold, the means of checking any impro-
videlt dealings with the property by their children;
it hats given rile to family arrangements which ate
tonally entered into Os soon as she fir.t tenant in tail
climes ot age, and which generally terminate in a re-
ie dement of the property, and in contissuing it in the
family for another generation, and in an immediate pro.
vision for the first tenant in tail, and in giving him
powers to provide for a wife and children in the life-
time of hi. father; and it has prevented the Intention
of the otiginal settler horn being defeated at the will
and caprice of a tenant in tail, who may possibly never
conic into possession. To avoid the evils which have
resulted from this rule, and at the same time to pre-
serve the benefit', we recommend that the 4,incurrence
of the person having the immediate esta e of freehold
should, as seised of that estate, be no longer necessary
to enable a tenant in tail to bar the entail and the re-
mainders over, and that instead of such concurrence,
where. by the deed or will creating the entail intended
to be barred, or by any appointment made in exercise
of a power contained therein, a beneficial estate, either
for life or yea.s determinable on life, or of any greater
extent, not being a lease on which a rent shall he te.
served,shall be limited prior to the estate tail intended
to be barred. and shall be subsisting, or whet e the first
beneficial estate shall have devolved upon some person
as tenant by the curtesy either at law or in equity, in
respect of-the estate tail intended to be barred, or of
any other estate tail created by the sante deed or will,
any disposition by the tenant in tail shall be made with
the concurrence of the person to whom such pr:or estate,
or the first of such prior estates, if mute than one, shall
have been limited, or of the person uprin whom such
prior estate shall have devolved ; and that any disposi-
tion, made without such concurrence, shall only bar the
estate tail: and that the concurrence of such beneficial
owner sha.l be equally good and available, notwith-
standing he may have incumbered or alienated his
estate, or may have become bankrupt or insolvent; and
that the concurrence of the first bent ficial owner may
be signified either by his being a psi ty to the substitute
or by a separate deed, and without obtaining from him
an actual conveyance of los estate. It the concurrence
should he signified by a separate deed. we clink it ad.
visable that it should not be allowed to the coiscui ring
party to impose any terms on the tenat.t in tail, as the
necessity of seeing whether he had complied with those
terms would then be avoided. This will ittt prevent
the parent or other beneficial nailer fro m requiting the
estate to be settled in a reasonable manner tsar the hei efit
of the family, as he will always have it in his power to
do this by keeping back the deed of concurtence until
he is satisfied that the estate has been settled in such
manner as he has required. If the fitst beneficial owner
should he a married woman, we recommend that her
husband should also be a concurring party, and that as
she will part with no estate. her cnneurience should be
given without 4 separate examination, and as if she were
a teme sole. The deviation from the present rule will
not be so peal as may at first sight appear, for in the
majority of cases the tenant of the immeoiate e tate
of freehold and the first beneficial owner will be the
same person. We have not thought it advitab:e to re-
quire the concurrence of the tenant in dower, fin- it
seldom, if ever, happens that dower is set out by metes
and b unds ; and it such an state dors occur. lies con-
currence would have only a pat teal operation, as ti e
estate is confined to a part of the lends entailed.
By the new rule *filch we have hese recommended,
an efficient check will fe imposed on alienation by
tenants in tail in every case in which it can be advi•able
for the preservation of estates in families, and it is pre-
ferable. in our opinion, to the present rule lequiritig a
conveyance from the tenant of the freehold ; inasmuch
as the first beneficial owner may, by being made merely
a consenting and not a conveying piny, signity his
concurrence without affecting his powers or contingent
rights or interest-, and without letting in the incum-
brauces of the remainder man. which without due
caution are the consequences of the present nil- ; and
inasmuch as the pers..n whose concurrence is necessary
must at all times be known or can be readily ascer-
tained, for in every case, except where he takes under a
power or as tenant by the cuitesy, It will only be ne-
cessary to icier to the deed or will by which the estate
tail was created, and in the expected case. which will
be of tare occurience, there will be no difficulty in as.
certaining the person. The certainty ofthe person who
is to be the concurring party, will add to security of
titles, and will in a great measure relieve them from
the mischiefs consequential on the present rule.
We are aware that the new rule, as well as the pre-
sent rule, is open to the objection, that it may place a
tenant in tail at the mercy of avapacious concerting
party,but this is unavoidable whereebe concurring party
is to exercise a discretion ; we Wink, however. that
abuses are less likely to occur under the new stile than
under the present rule, because, gerkerally speaking, the
first beneficial owner is connected by blood with the
tenant in tail, and is in most eases his parent, and in no
case will a stranger claiming bi alienation be a con-
curring party.
As the consequence of the new rule will be to make
the power of withholding the concurrence personal to
the first beneficial owner and not incident to his estate,
it will be necessary to provide against the difficult
questions which might otherwise arise in equity, •i- h
respect to contracts for withholding concurrence, and
to the concurrence being in any case co:isideted as a
breach of trust. We think that this would be best it..