The Sun.
London, England, 1836-03-25 00:00:00

TITHES' BILLS.

The great public interest excited by the proposec
measure of Government for the commutation of tithes
and the curious circumstance of a rival Bill upon th
same subject having been introduced by the leader
the Opposition, induces us to afford our readers a:
comparative view of the changes proposed by the two
• Bills, so far as it may be practicable to do so within
the compass of a leading article.
The machinery for working the two Bills is the
same—namely, a Commission consisting of three per-
sons, two to be appointed by the Government and one
by the Archbishop of Canterbury, and these Commis-
sioners are to appoint Assistant Commissioners.
Both Bills make provision for a voluntary commu-
tation. By the 12th clause of Lord J. Russell's
Bill, it is provided that the owner of any lands
and owner of any tithe may contract with each
other for the commutation of tithe for an annual
rent charge, to be agreed upon between the con-
tracting parties, in full satisfaction for the tithe. The
18,th 19th, and 20th clauses provide for the form of
contracts of commutation, and declare that the lands
mentioned therein shall be absolutely discharged from
the payment of tithe during the continuance of the
contract, and a rent charge shall be paid in lieu thereof
by half-yearly payments. The legal remedy provided
for the recovery of the rent charge is by distress and
entry, a remedy which does not lie for the recovery of
tithe. To avoid repetition, we may here mention that
the same remedy is given for the rent charge,
whether it be voluntary or compulsory. Sir Robert
Peel's Bill limits the legal means of recovery of
the rent charge to a suit in Equity, or a personal
action of debt or assumsit. Clause 22 of Lord
John Russell's Bill provides that one-fourth of the
titheotuners of any parish, may call a general meet-
ing of landowners for the purpose of mal:ing an
agreement for the general commutation of tithes within
the- parish, and at this meeting the owners of three-
fourths in value of the lands of the parish may make
an agreement to bind the whole, provided the agree-
ment be not appealed from. The Commissioners un-
der the Bill shall confirm this agreement, and notice
is to be sent to the Patron and Ordinary ; but even
without their sanction the agreement may be perfected.
So far Lord John Russell's Bill proceeds upon the
voluntary system.
Sir Robert Peel's Bill does not leave the adjustment
to an application on the part of any titheowner, but
proiides (clause 28) that the Commissioners shall
cause meetings of titheowners and landowners in every
parish to be held for entering into agreements for the
commutation of tithes, at which meetings an Assist-
ant-Commissioner is to attend, and there the owners
of the lands, or of two-thirds of the lands, subject
to tithe in, the parish may agree to a rent charge
to bind the whole. A great number of clauses follow
this relating to the nature of the agreement to be
made, and providing for particular circumstances which
are likely to occur. The confirmation of the agreements
by the Commissioners, and the settlsinent of disputes,
is provided for, clause 48 giving the power to persons
dissatisfied with the determination of the Commis-
sioners to try the disputed matter in a Court of Law ;
and clause 49 enahling the parties concerned to have
the judgment of a Court of Equity for the determina•
Lon of such disputes. An.l after all the previous
ccoditions of these adjustments have been complied
xvith, it is provided (clause G 2) that the commutaton
of tithes agreed and intended to be effected shall be
conideted as perfected to and for all intents hand p!!r.
pses ; and the tithe.; so commuted shall for ever,
from and after the Christinas-dav next after sue!)
twEements shall have been completed, be deemed to
beextmgt• shed. There is a poxer Sulx;equentiv given
(elau 81) to tithe-ownLq3 and land-own'ers to agree
upon a comrnutatio:i of land for tithes where that may
be deemed the more desirab!e mode.
We must now revert ".o Lord John Russell's 13i11, at
that part where it ceases to proceed upon the principle
of a voluntary agreement between titheowners and
land-owners.

It is provided by clause 23, that if notice shall have
been given of any intended fleeting fur voluntary ad-
justment, or if, at any such meeting, no adjustment
shall ]nave been made, any landowner or titheowner
may apply to the Tithe Coinmission2rs for an award
as to his interest in tithe, or lands subject to tithe ;
and by the next clause it is enacted, that in every case
of application for an award, the award to he made and
confirmed by the Commissioners as thereinafter set
forth, shall be binding for.ever on all persons interested
ia the said land or tithe, whether in possession, expec-
tiney, or reversion.
The ground upon which this award is to be made
constitute the matters of dispute, or rather of com-
plaint, for every one seems agreed in condemning them
in the Government measure. They have recently been
so much discussed that we do not think it needful to
recapitu:ate them, 'bit prefer pointing out some of the
more impottant points in which they differ from the
grounds set forth in Sir Robert Peel's Bill, as the
basis of voluntary commutation.
Lord J. Russell's Bill takes, as the basis of com-
mutation, the fair annual value of the tithe payable in
respect of the land for the last seven years. To this it
is objected, that it fastens a perpetual rent-charge upon
land, which charge will be high in proportion to the
industry and capital employed for the last seven years,
and may possibly, and even probably, bear not just
proportion to that which lawyers call ‘< the value of the
land to be let." By Sir Robert Peel's Bill, on the
other hand, it is provided (clauses 37 and 38) that
the parties to any agreement to be made may, if they
think it necessary or expedient, express therein upon
what principle, or in what manner, as regards the
different natures and qualities and culture of the
lands to which the agreement relates, and other like
incidents, the annual sum or sums thereby agreed to be
paid as commutation rent for the tithes thereby intended
to be commuted, shall be afterwards assessed and ap-
plotted upon and amongst such several and respective
lands ; and there may also be expressed in any such
agreement any other such reasonable matters and things,
in accordance with the provisions of the Act, as the
parties shall deem to be necessary or expedient for ex-
plaining and giving effect to the contract between them ;
and any tithe-owner or land-owner, parties to the
agreement to be made, may, if they think fit, agree
upon the annual sum or sums to be charged upon any
lands of such landowner as commutation rent for the
tithes of such lands, payable to such tithe owner ; and
every such special agreement, and all the particulars
thereof, shall be expressed in the general agreement for
the commutation of the tithes of the parish.
With regard to moduses, or claims of exemption,
Lord J. Russell's Bill provides that, if such moduses
or exemptions shall have been decided by competent
authority, within the last seven years, the Commis-
sioners shall value the tithes, and make their award as
if such decision had been made at the beginning of
the seven years. Sir Robert Peel's Bill provides
(clause 50) that, in assessing and applotting under
the powers given by the Bill, the annual sums agreed
to be paid as commutation rent upon the lands to which
the same relate, due regard shall be paid to all exemp-
tions from, and non-liabilities to, the payment of tithes,
and to all such compositions, real and moduses, as
shall, in such agreements, be expressed to be enjoyed,
or to be payable in respect of any such lands.
Lord J. Russell's Bill provides that every year time
sum of money payable in lieu of tithes may vary ac-
cording to the price of wheat, barley, and oats, so as
always to consist of the price of the same quantity of
wheat, barley, and oats, in proportions of one-third
of each, as the rent charge first determined upon would
purchase. Sir R. Peel's Bill provides that every seven
years a similar change may take place, provided it be
sought for by the owners of one-third of the lands in
any parish.
It is erhaps, needless to carry the comparison
further. No one can study the two Bills together
without seeing that while in Lord J. Russell's Bill
there is much strictness in compelling, or in the inter•
tion to compel, adjustment, there is an absence of de-
tail and particular directiOn as to the modes of procedure
which, in practice, would lead to great inconvenience ;
while in the Bill of Sir It. Peel there is every possible
freedom left as to the will of either party to commute
their payments or receipts for others of a different kind,
and every possible precaution to make that commuta-
tion perfect in all its details, when once it has been
agreed upon.

IMPERIAL PARLIAMENT.

HOUSE OF LORDS, MACE 24.

Our object in this article has been merely to lay
some facts before our readers for the purpose of con-
venient comparison. We have, therefore, abstained
from commentary upon them for the present, and
leave the decision between them open to the operation
of unbiassed judgment.—Morning Herald.

The LORD CHANCELLOR took his seat on the Woolsack
at five o'clock.
BRIBERY AT ELECTIONS.

Mr. BERNAL and others, from the House of Commons,
brought up the Report of the Select Committee on Bribery
and Corruption at Elections, with the minutes of the-evi-
dence taken before that Committee.

CONSTABULARY FORCE (IRELAND.)
Mr. BERNAL and others, from the House of Commons,
brought up the Constabulary Force (Ireland) Bill, to which
their Lordships' concurrence was requested.
MUNICIPAL CORPORATIONS--ENGLAND

AND WALES.
Mr. BERNAL and others brought up the Municipal Cor-
porations Amendment Bill, to which their Lordships' con-
currence was requested.
Mr. PENDARVES, and others from the Commons, brought
up the Cornwall Assize Hall Bill.
Mr. Spicer presented returns from Chelsea Hospital.
Mr. Prize presented returns from the Court of Chancery.

CCLESIASTICAL COURTS.
The Earl of RADNOR presented a petition against
certain parts of the Ecclesiastical Courts' Bill.
FACTORIES REGULATION.
The NOBLE EARL next presented a petition on the sub-
ject of the Factories' Regulation Bill.
NEWSPAPER DUTIES.

Lord LANGDALE presented a petition from the
town and county of the town of Drogheda in favour of the
abolition of the Newspaper Stamp Duties.
ECCLESIASTICAL COURTS.

The Earl of WESTMORELAND presented a peti-
tion from the Northamptonshire Law Society against the
regulation in the Ecclesiastical Courts Bill which takes
away all jurisdiction from the Diocesan Courts. The peti-
tion having been read at length, was referred to the Com-
mittee.

THE SUN, LONDON, FRIDAY, MARCH 25, 1836.