Star.
London, England, 1829-06-18 00:00:00

in land less than freehold (to perfect which, however,
entry was regoisite), nor to the enlargement of such in-
terest to a freehold interest by a person having the free-
hold in immediate ezpectancy. A man might thetefote,
with or without deed, give to another a temporary
Walk in last, and immediately afterwards transfer
the reversion to him by a mere deed of release, the re-
lines having actuilry entered and
.being in possession
ofibe lend. Hence the almost universal mode by which
property is conveyed at the present day, by the assurance
of leas. and release, the Statute of Uses perfecting the
first estate for years without an actual entty.
Dower has long ceased to be the prnvision for widows,
but the legal right to it remains in its ancient strictness.'
To evade this, and to make obsolete law bend to mo-
dern usage, there are introduced into every conveyance
upon a pprchase of land, limitations which not only
swell its bulk, bet sometimes lead to very inconvenient

consequences.
, The 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 conveying to uses, whereby the legal
estate was in one man, and the beneficial interest in
another. In the feign of Henry VIII. the Legislature
interfered to correct the mischiefs • arising from this
doable title, but attempted to do more than could be
accomplished, drawing no distinction between active
passive and constructive trusts; and stopped short of
whisk was. practicable, in not at directly the
modifications of propettrand of transfer, which had
been effectuated through thtmedium oruses,and.which
die wants of mankind required. • Hence the Judges,
• vs the. pretence that the Statute. lid .not- apply so
a secondary use, or a use upon.,a :use, and for. the
• real purpose of preserving the powers over land.whlch
Parliament meant to destroy, agreed to allow parties
at pleasure to evade the Statute by the introduction of
a few words into a conveyance; and as the secondary
Ise was held not to be a subject of legal cognisance; the
chief controul over Real Property was permanently
twit& red to ti e jurisdiction of Courts of Equity. A
system of infinite subtlety, but answering. it must be
. acknowledged, most important purposes, has been
framed upon this Statute, while most of the evils which
• it was meant to remedy remain.
Although what could in former times be only done
indirectly. by way of fiction is now acknowledged law,
the fiction is still preserved. Thus, a married woman'
, conveys her interest, by means of an imaginary suit
. elided le•yinq a fine, mad as estate tail is now barred
by a fictitious recompense in value awarded to the issue
in tail through the medium of a common recovery.
Much perplexity and contusion have likewise been
occasioned by the entire want of system in the various
periods of limitation, and the incongruous variety of
. remedies allowed for the recovery of real property.
But there is no evil in the present system of convey-
ancing so great as the want of a substitute for the no-
tice supposed by the Common Law to be given by the
• opeodelivery of possession upon the creation of an estate
of freehold. At present there is constant danger from
secret transfers and secret charger. To guard against'
this, outstanding terms and ether legal estates (that is,
. mete fictitious estates as far as regards possession, en-
joyment, and dominion), are carefully kept alive in the
; hope that an older legal estate nte'y fortify the tide of
a purchaser against an nib renting fraud.
Hence abstracts of title are loaded with tracing not'
out y the transmission of the equitable or beneficial estate
. tor a reasonable time, but elver numerous legal estates
for a still longer period; and the purchaser either in-'
swoon basing these brought down and conveyed to his
own nominee, or, if he consents to waive this on se
count of the great difficulty and expense which may at-
tend it, he submits, as his legal advisers well know, to
a cosisidetable risk. When all is done, there is no at).
. solute certainty on the one band, that a Court of Law
oisy nut consider the legal estate he relies on to have
determined by a presumed surrender, or, on the other,
that sonic older and theiefne (if subsisting) preferable
estate may nut be outstanding for the protection of some
unknown and still more vigilant or more fortunate plus
chaser or incumbraocer.
The controulling power exercised by the Court of
Chancery has certainly done much in preventing hard-
ship in individual cases from the inapt maxims that are
considered as still binding in Courts of Law, and in
. settling conflicting claims according to the true prin-
ciples of justice; but this has been found a dilatory and
expensive mode of obtaining relief; and new evils have
arisen from the rules of property applicable to the same
subject matter, under the same circumstances, in two
competent tribunals, in the same country, being mem
daily different. A formidable inconvenience has like.
wise been produced by the vast load of business thus
brought into Courts of Equity. From the legislative
abrogation of such legal maxims the relief of these
Courts from a considerable portion of that business may
be anticipated. We fully concur in the opinion ex-
pressed by the Commissioners appointed by your Ma-
jesty to inquire into the practice of the Court of Chan.'
eery, " Tont no prison can have had much experience
in Courts of Equity without feeling that many suits
owe their origin to, and many others are greatly pro-
tracted by, questi arising front the niceties and pun-
• tice of cootreyancing."
But examination has satisfied us that these niceties
-and that practice are for the most part successful,
though often cumbrous. contrivances of togeuious and
learned men to effect useful objects, which the law in
its present state affords no direct or simple means of
accomplishing.- They may, in truth, be considered as
indications of the points on which tie law requires to
be altered' and as partial anticipators of improvement.
We are conscious how much easier it is plausibly to
expose the imperfections of the law as it now stands,
than to show how it may be safely amended. We
know by experience, that a regulation which on a slight
view appears inexpedient, may be found on further ex-
*mined= to be judiciously framed to meet mischiefs
which are not perceived. because it teptessas them.—
Even a rule of law, on principle essentially wrong, often
cannot safely be altered without much caution; for
useful expedients have probably been resorted to by
Courts of Justice to evade or to soften it, and these
may be the foundation of a train of judicial decisions
which it would be dangerous to disturb. We dread the
shock that would be occasioned by any precipitate at-
tempt at emendation, and we recollect that it is as im-
possible suddenly to change the laws as the language
of any country.
The remote consequences of any proposed amend-
ment must be sedulously traced, and the consideration
constanly kept in view, whether it may not raise no*
doubts atid questions, and cause more mischief than it
is calculated to cute.
We shall study to interfere as little as possible with
established rules, and in all new enactments to reserve
the spirit and .the analogies of existing institutions. The
MI Language of the law ought, in our opinion, to be
sarepolously adopted in any statutes that may be made
for. amending it, forum apprehend that disastrous effects

would be produced by an experiment to construct a
Code by the use of terms of no defined legal import, or
of known terms in a new sense.
After all the amelioration of which the law of real
property in this country is susceptible, the public must
not expect that it can be rendered free from perplexity
and obscurity. 4. They would indeed be too sanguine
in hoping for a system so simple and yet so ettplicit,
that every individual of common capacity might under.
stand his rights on each practical occasion. The modi-
fications of this property are too various, the transac.
dons respecting it too numerous, and the language in
which these are couched often too doubtful, to admit
of such expectations being realized. The distinctions
and refinements arising from these must unavoidably
render them the object of peculiar and constant study
and practice." Such is the opinion of an eminent legal
writer, from whose recent publication on the law of real
property we have derived very valuable assistance.
In this our First Report, we beg leave humbly to
state to your Majesty the conclusions we have formed
upon the several detached subjects of inheritance,
dower, curtest', fines and recoveries, and prescription
and the statutes of limitation. We shall explain the
leading considerations that influenced us in our delibe-
rations, and the final result of them we subjoin in the
form of distinct propositions, which may assist id the
framing of Bills to be introduced into either House of
Parliament, if any of the measures we suggest should
be deemed worthy of being proposed to the Legislature.'
PROPOBITIONB.—IN H BftITANCL
ASCIDISINO utter.
1. The role that inheritance shall not ascend shall be abolished.
a. The rule that descent between brother and sisters, is imme-
diate, shall be abolished.
3. The Wending We shall come next after the Bused iiiiimadiag
line. -
e. in the ascending line, preference shall be gives according to
proalinitrof blood to the person last seised or entitled, preference
to die male Use weer the female line 'althea regard to the pros'.
"thy of blood being preserved.
alsollocal descendants of a deceased answer who would sue-'
lined to the Inheritance tbinnits such ancestor. If the rule that in-
beritance,shall not ascend were preserved, shall stand in the place
of such meeker in the order of inheritance.

7/111A LI LIM
6. Ditlare and enact, that where from failure of the male ascend-
ing l4nt, inheritance shall pass to any female ancestor, or any per•
eon or persons claiming through any female ancestor of the first
Purchaser. preference in tracing inheritance shall be given to the,
male ascending line of the first purchaser and of ids ancestors with.
out regard to proximity of kindred, so that the mother of the
paternal grandfather of the first purchaser or bar kindred, shall
inherit before the mother of the father and bee kindred.

116Lf awes.
7. ml role teat inheritance shall not pus from a pen= to any
of his kindred of the half blood, shall be abolished.

C. As amongst kindred elaiskag through one and the same an-
cestor of the first purchaser, preference shall be ghee in Inheritance
to the whole blood of the first purchaser.
3. Subject tench preference. the whole blood and the half blood
shall stand upon equal footing as to Inheritance.

_ _
ATOTITAT:OII TO SPICUL YOWL
Hereditamests may be limited to any person and his heirs
on the part of any ancestor, in which case the ume shall pus in
the course of inheritance to Isis heirs at law on the put of each an.
castor.
• 11. When. in cue of Methane, having passed to the half bleed,
the heir of the penen lam seised or tattled shall not be the heir of
the purchaser, the heir of such purchaser shall be the person to
take the same by isheritsoce.
Is. When the blend of any ancestor from whom. as a drat por-
ringer. inheritance shall have descended, or of the specilled an-
cestor. in as of a Mtaltatioa to heirs on the part of such ancestor,
shall fail, such inhkritaoce shall pass u If the person last seised or
entitled bad been the purchaser. sod bad taken withoot releseoce
to any ancestor.

SOWN Sr ANCISTOR6

13. MIS rule that Moodie nieuissisaliiass by Inheritance to the
heir,oof the penes last actually seised, shall ►e altered as follows:
hetednaments, or the right thereto, sball pass ►y inheritance to the
heir of the person last seised of or entitled to the estate right or in-
terest to be token by inheritance, although web person may not
have had midst. _ _ _

abeee rules shall attend to copyhold and customary
lands of inhoritance, and hods held by the tenant d ancient de-
lIIVIDO and to pvclbled lands and borough gape lands, and to
freehold leases for Heti granted or devised or limited to say person
and his heirs general.

THE EVENING STAR.

LOA I)UN.

THURSDAY. JUNE 18, 18211.

PRICE OF STOCKS AT TWO O'CLOCK.
Oast Stock 2111 India Stock Sinn
3 pet Geniis!. In i India Bonds 113
3 per Ct. Cons. Shut Old Annuities
31 per Cent. 1818. 961 41000 Bubo+ OUb 67 8
31 per Cent. Red. 961 i 4500 Ditto 67 8
4 per Ct. New, Shut 4109 and 4200 Dkto 67 8
4 per Cent. 1826, 1031 Advertised
Script India fat Sect. 1305
Long Ann. 191 7.11 Consols for Aect ill
FUNKIliti FUNDS. TWO DI:I.mA.
Brazilian Bds.S pet. 561 C coteniblan ltd.. II para.
DoAact 545 Do. 80nd5.1824,
Buenos Ayr, s 1116.6 p C. Ds Acct. 171
Do Acct. 46 51 Ruse. 8ei5.11122, 5 p Ct. 97
BKlTltilli AND FOREIGN 211441 U S, TWO O'CLOCK.
*NAM ref% .
Brazilian 35 20 U 87