The Sun.
London, England, 1846-09-18 00:00:00

HERTFORD.

Mr. Espinasse held his court yesterday at the Town-
hall, Hemel Hempstead, where it was adjourned from the
Bell Inn, as advertised, in consequence of the number of
persons in attendance, and the want of sufficient accom-
modation at that place.
W. H. James, George Fitch, and E R. Spence, Esqs.,
appeared for the Liberal and Free-trade party, and T.
W. Blagg and C. E. Grover, Esqs., for the Conservatives.
On the Hemel Hempstead list being taken, Mr. James
took an objection to the list being proceeded with under
the following circumstances. It appeared that the cor-
rect manner of spelling Hemel Hempstead was with
the letter " a," under the 2d and 3d William IV.,
cap. 84. In the notice published by the revising bar-
rister of the courts ho should hold, and the parishes
he should take at those courts, under the information
that the court would sit at Hemel Hampsted, ap-
peared the parish list of " Hemel Hempstead"—it
so happened, that the heading of the list of voters,
delivered to the revising barrister, was stated to be a
list for the parish of Hemel Hempstead. Mr. James
therefore contended, that before the Barrister could
legally revise that list, he must correct it under the
powers given him under the 40 sec. of the 6 Vic. cap. 18.
The Barrister had given notice to revise a list that was
not before him.

Mr. ESPINASSE said, the list before him was the one
he had received from the clerk of the peace, and the one
which was spoken of in the notice of the time of holding
the courts. He did not think it necessary to alter the
heading of the list to enable him to proceed.
Mr. Fitch thought it would be better that the list
should be corrected, as a question might afterwards be
raised.

Mr. Fitch was about to proceed with some further
remarks when Mr. Espinasse sharply asked him if he
attended there as an agent?
.. . ...

Mr. Fitch said he did.
Mr. EspuussE did not think there was anything in
the objection, and proceeded to revise the list as it stood
without correction.

Sixteen gentlemen, claiming for rent charges in the
parish of Hemel Hempstead, on property situate at Mar-
lowes, were objected to by the Conservatives, and a
long argument arose as to the value of the premises
upon which the rent-charges were secured, from which
it appeared that the encumbrances upon it, besides these
rent charges, were so heavy that there was not sufficient
value to bear the rent charges of 40s. each; the names
were consequently expunged.
In the same list William Henry Ashurst, claiming
for a rent-charge in fee, was objected to by the Con-
servatives.

Mr. James put in a deed dated the 21st of January
last, by which the rent-charge was conveyed to Mr.
Ashurst, but the rent was not.: payable until January,
1847. No rent had been received upon the deed. _ _

Mr. Grover contended that as the rent was payable
yearly, the case came within the decision of the Court of
Common Pleas. In the case of Murray v. Thornilly, in
which a rent charge was granted in January, 1845, the
first payment of which was to be made in January, 1846,
it was held that the grantee was not entitled to be regis-
tered as having been " in actual possession thereof " for
six calendar months next previous to the last day of
July, within the section 22 of the 2d William IV., cap.
45, and submitted that the claimant would not be enti-
tled to claim until he had received rent, and had been
put in actual possession of the rent-charge.
Mr. ESPINASSE said he was of the same opinion. He
considered this a similar case in all its points to that of
Murray and Thornilly.
Mr. Fitch submitted that it was not. There was a
very material variance between the two cases; the grant
of the rent-charge before the Court of Common Pleas
was evidently a grant at common law, and that the only
seisin under that deed was a seisin in law—such seisin
the Court of Common Pleas decided was not a sufficient
compliance with the requisites of the statute ; but it
was a far different case before this Court. Mere the

title to the rent-charge was conferred by an appoint-
ment of the use and under the Statute of Uses,
which transferred the actual possession to the use,

there was both a seisin in fact and a seisin in law:
The words in the deed of rent-charge were, " and he
(the grantor) doth by these presents direct, limit,
and appoint ;" and it was those words which gave the
grantee bodily possession of the rent-charge under the
Statute of Uses. He contended, therefore, that the re-
quisitions of the Reform Act, which rendered the actual
possession of the qualification necessary, were complied
with ; for it was impossible to distinguish actual pos-
session under the statute of Henry 11. (the Statute of
Uses) from the actual possession required by the Reform
Act. Were it otherwise, the title of the greater portion
of the land in this kingdom would be subverted. He
then went into the necessity of the old assurance of
lease and release as methods of conveyance, and con-
tended that the same principles, as a matter of course,
placed the party as much in actual possession of a rent
charge as in possession of his estate.
Mr. ESPINASSE said he was clearly of opinion that in
this case the claim to vote could not be supported. He
could not distinguish this case from that of Murray v
Thornilly. It appeared to him that " actual possession"
under the Reform Act, must be actual possession in
fact, as contradistinguished to actual possession in law,
and in this case he thought the voter had not been in
such actual possession as was required by the Act, and
should therefore expunge the name.
Mr. Fitch applied to the Court for a case of appeal.
Mr. ESPINASSE did not think there was a doubt in the
case; besides the case had clearly been decided before by
the case of Murray v. Thornilly, and he should not be
doing his duty if he burdened the Court of Common
Pleas with cases which had before been decided by them;
he should therefore not grant a case.
In the same list the name of George Glass was objected
to by the Conservatives. Mr. Glass claimed for a rent-
charge on property situate in the High-street.
Mr. Fitch, who supported the claim, called Mr. Smith,
the owner of the property, who stated that in January
last he granted to Mr. Glass a rent-charge of forty shil-
lings in fee, for which he received (451. as the purchase-
money. The rent had been paid ever since the 28th of
July last; the rent was payable half-yearly, on the 28th
July and the 26th January.
Cross-examined by Mr. Grover—Paid the half-year's
rent to Mr. Glass by a post-office order, which was ad-
dressed according to his address in the deed of rent-
charge.
Mr. ESPINASSE decided that the claim was good.
Mr. Fitch said he had been called there at consider-
able expense to defend these votes, and therefore hoped
that costs would be awarded.
Mr. ESPINASSE said as it appeared the grantor lived
in the town he might have been asked whether the
rent-charge was correctly granted or not, and as no
inquiries seemed to have been made, he should award
20s. costs.

When our reporter left at eight' o'clock the Court was
still sitting.
The result of the revision for the Hemel Hempstead
list is as follows :
New claims—
By Liberals 132
By Conservatives
Objections—
Liberals struck off
Conservatives struck off

44

Total
Making on the three days' revision a majority in
favour of the Liberals of 141.

HOSPITAL FOR CONSUMPTION AND DISEASES OF
THE CHEST.—Among other handsome donations to the
above charity, and following immediately after the
sum of one hundred guineas, forwarded through the
hands of the Vicar of Wandsworth, the secretary yester-
day received the sum of 501. from Miss Irvine, of Lud-
dington House.
THE LATE Mx. JUSTICE WILLIAMS.—A post
mortem examination of the remains of the above distin-
guished judge has left the cause of his lamented death
a subject for medical conjecture. The heart and large
blood vessels near that organ were found in a perfectly
healthy state. as was also the brain, showing that the
death of the Learued Judge was attributable neither to
apoplexy or disease of the heart. The most probably
conjecture is, that the deceased died of gout in the
stomach, though that organ exhibited no appearance
beyond what might have been caused by dyspepsia, from
which he had been suffering more or less for some days.
On the morning when he was visited by Dr. Probart,
he complained of pains, radiating as he described them,
from the pit of the stomach. Dr. Probart appears to
have had some apprehensions of gout, for he asked his
patient whether he had ever suffered from any attack of
that affection. The reply was that he never had, nor,
as far as he knew, had auy of his family. The circum-
stances of the deceased's death were awfully sudden.
Lady Williams left him on the sofa in the drawing-
room, as she supposed, better than he had been in the
morning, to join the party of friends assembled at dinner.
On returning after a short absence, she found him, as
she thought, asleep on the sofa, but the sleep was soon
diem/mod to be that el death t

DEATH OF THE EARL OF YAR-

BOROUGH.

The death of this Nobleman took place on the 10th
instant, on board his yacht, the Kestrel, at Vigo.
The following particulars are supplied from the only
authentic communication received by the members of
the family.
The Noble Earl had, for the last eighteen months,
been in the decline of health, his original illness having
succeeded a severe attack of gout. While at Cowes with
his yacht in July, he was considered sufficiently well to
cruise with the squadron of her Majesty's ships, then in
rendezvous at Cork. At Lisbon the Noble Earl seemed
to be much improved in health by his aquatic trip, and
while there a perceptible change took place, but his
spirits remained good, and he there received at dinner,
on board his yacht, several friends. He pursued his
voyage as far as Gibraltar, and was on his return to
Cowes, when, owing to alarming symptoms, they called
in at Vigo. It was there apparent that his Lordship
was fast sinking, and he was himself conscious of his
approaching dissolution. He expired without a struggle
at about four o'clock A.M., on the 6th instant, on board
his yacht. As to the statement of the Earl having eaten
unripe grapes, there is not likely to be any truth in it,
for he did not take anything for some days before his
demise, and, therefore, it is not likely that in the event
of his taking that fruit that it had any influence on his
health.

The above details may be relied on as true. Lady
Charlotte Copley, his Lordship's only daughter, was
deeply affected when the lamented death of her father
was communicated to her yesterday morning. Her
Ladyship is staying in town with Sir Joseph Copley,
Bart., who has come to town from Yorkshire for medical
advice.

Charles Anderson Pelham was Earl of Yarborough,
Baron Yarborough of Yarborough, county Lincoln, and
Baron Worsley of Appuldercombe, in the Isle of Wight,
D.C.L., F.R.S., and F.S.A. He was born on the Bth
of August, 1781, and married, the 11th of August, 1806,
Henrietta Anna Maria Charlotte, second daughter of
the Hon. John Bridgman Simpson (second son of Henry,
first Baron Bradford), by whom (who died in 1813) he
had issue :

Charles Anderson Worsley, Lord Worsley, now Earl
of Yarborough, who was born the 12th of April, 1809.
Dudley Worsley, born the 23d of April, 1812, a Cap-
tain in the Royal Navy, and
Charlotte, married in 1831 to Sir Joseph William
Copley, Bart.
The late Noble Earl sat as second Baron Yarborough
at the decease of his father in September, 1823, and was
raised to the Earldom on the 24th of January, 1837, by
Viscount Melbourne's Administration, having been al-
ways an ardent supporter of Whig principles.
He was also Vice-Admiral of the coast of the Isle of
Wight and county of Southampton, recorder of Grimsby
and Newport. His Lordship was, however, perhaps
better known as commodore of the Royal Yach t Squadron,
which command he had held for a long series of years,
and during the period he had held that command the
distinguished members of the squadron have had re-
peated opportunities of witnessing the interest he always
had in promoting the welfare of that influential aquatic
club, as well as of partaking of his princely hospitality.
The deceased nobleman is succeeded in the family
honours and large estates by his eldest son Lord Wors-
ley, M.P., born April 12, 1809, and married to a daugh-
ter of Viscount Hawarden. The present Earl has sat
in the House of Commons since 1830, when he was re-
turned for Newtown, Isle of Wight, a close borough,
which was disfranchised by the Reform 8111. In 1831
he was elected for Lincolnshire, which he has continued
to represent up to this period.
An express was sent yesterday morning to his Lord-
ship, at Manby Hall, near Brigg, to apprise him of the
death of his father, and also to the Hon. Captain Pel-
ham, the Noble Earl's other son, at the Isle of Wight.

From the brief accounts received yesterday, we hear
that the remains of his .Lordship were on their way from
Vigo, for interment in this country.

(FROM A CORRESPONDENT.)
DEATH OF THE EARL OF YARBOROUGH, COMMODORE
OF THE ROYAL YACHT SQUADRON.—This good old
English gentleman, of whom Britons were deservingly
proud, is no morel lie breathed his last on board his
yacht, the Kestrel, in Vigo Bay, on the sth inst. He
had been some time ill, but was considered better when
he embarked, and while cruizing in these waters. It is
supposed that the great heat of the days and coldness of
the nights, when on the coast of Spain, hastened his end.
He was a general peace-maker, be it on the magisterial
bench, in the Royal Yacht Squadron, or amongst his
neighbours. His charity was unbounded; he was looked
up to, admired, and beloved by all. His death will be a
severe blow to yachting and the Royal Yacht Squadron.
His Lordship was in the 66th year of his age. The
Kestrel was to sail from Vigo on the ith with the body,
and is hourly expected here.

PRICE AND CHARGES OF A
NEWSPAPER.
(From the Times.)

" Why," argued Mr. Hudson—" why is it, if the Times
is so solicitous for reduced fares, that it does not illus-
trate its precept by reducing its own price ? There is
one daily paper already published at 2d. ; it would be
a great saving to the public if the Times were likewise
published at 2d., instead of 5d." We may, however,
turn round upon him with his own words, and exclaim,
" Would that people knew something of the subjects on
which they talk !" Does Mr. Hudson know anything
of the expense of getting up a journal ?
Now, for his benefit, and for the instruction of others
who have fewer opportunities than he has of studying
statistics, we present him with the subjoined account of
the cost of each single copy of the Times, as published
to-day ;---

Cost of paper for each copy of this day's publication 2
Stamp
Newsvender's profit

Sale to the public

Profit on each paper
8
Now, according to our royal censor, out of these
three-eighths of a penny, or one farthing and a half for
each copy, are to be defrayed all the substantial ex-
penses of the journal, reporters, printers, compositors,
correspondents, foreign and domestic, repair of ma-
chinery, and all the numerous burdens to which journal-
ism is liable. We omit to speak of the contributors to
the leading columns, but we suppose there are few per-
sons blind to the necessity of retaining for this purpose
men of sound education, undoubted intelligence, and in-
tegrity beyond the temptation or suspicion of a bribe. No
one, we should imagine, is blind to the propriety of re-
munerating them well ; and we ask, how would it be
possible to do this, and all that is required besides from
the proprietors of a London journal, at a lower tariff
than the present? Could we cater for the public as we
have done— could we continue to do so, were our charges
reduced? Clearly it is impossible. It is obvious that
no extent of circulation can by itself repay the outlay
required for the complete management of a daily paper.
Nay, increase of circulation is itself, after a certain point,
an evil, for it entails the necessity of further appliances
and a more numerous corps, for the due support of which
recourse must be perpetually had to the profits on ad-
vertisements. A journal may, indeed, weather out a
short time on a scale of reduced prices; but any one con-
versant with the exigencies of the press must be fully
aware that to continue this mode of operation under ex-
isting circumstances involves one of two conditions,—
either that the proprietors shall always be able to fall
back on the ample subsidies of some undisclosed million-
naire, or that they shall be eventually ruined.

ACCIDENTAL DEATHS.—An inquest was held on
the 12th instant, by J. W. Cowley, Esq., Coroner for
Bucks, at Marsh Gibbon, on view of the body of the
daughter of Charles and Ann Rawlins, aged five years.
The deceased went out to play on the previous afternoon,
accompanied by two other children, and she proceeded
to a well in the neighbourhood, near which they sat
down, and the deceased in attempting to reach something
from the surface, overbalanced and was precipitated into
the water, and before any one arrived life was quite
extinct. Verdict, "Accidental Death." An inquest
was held by the same coroner on the 15th instant, at
Aylesbury, on view of the body of John Holland, aged
fifteen months. On the 30th ult, the deceased upset a
cup of hot coffee over his bead, which had shortly before
been poured from the coffeepot and placed upon a table
by his mother. A surgeon was immediately sent for,
and every attention paid, but the child died from the
effects of the scalds received on the 14th inst. Verdict,
"Accidental Death."!
FATAL ACCIDENT ON THE BRIGHTON AND CHI-
CHESTER RAILWAY.—As the train from Brighton to
Chichester was passing at full speed between Shoreham
and Littlehampton, early on the afternoon of Wednes-
day, a man was observed to jump off one of the carriages.
On arriving at Littlehamptou, the guard was made ac
quainted with the fact, and the engine was detached and
sent back to discover if any accident had occurred. The
unfortunate man was found lying on the railway with
his skull so fearfully broken that, though alive at the
time this information was dispatched on Wednesday, no
hopes whatever were entertained of his recovery. It
appears that the unfortunate individual, who has suffered
by his own indiscretion, is the master and part owner of
a coasting vessel in the neighbourhood of Littlehamp-
ton,' and was on his way from London to spend the
evening with a friend, but the train not stopping at the
Goring station, where he wanted to get out, he risked
his life to avoid walking a mile, the Goring station being
one mile, and the next station two miles from the resi-
dence of his friend.

THE MAILS.—SOUTHAMPTON, SEPT. 17.—The
Oriental Company's steam-ship, the Queen, Captain
Russell, arrived in the docks at 7 P.M. yesterday, with
the Peninsular and Mediterranean mails of the follow-
ing dates:—Gibraltar, Sept. sth; Cadiz, 6th; Lisbon,
10th; Oporto, 11th; Vigo, 12th; and Corunna, 13th.
The mails were forwarded to London by the 1 A.M. train
this day. The Queen has a full cargo of grapes, and
some other packages. She also brings the sad intelli-
gence of the death of the Earl of Yarborough. The
Noble Lord's remains are on board the Kestrel yacht,
which left Vigo on the 10th instant, he having died on
the previous day. The Queen had fifty-eight passengers.
The Madrid, Captain Bingham, left the docks at 3 P.M.
this day with the Gibraltar and Peninsular mails, full
cargo of bale goods, and fifty-one passengers. The
Royal West Indian mail packet, the Clyde, Captain
Simons, also left the docks with the West India and
other mails, and fifty passengers, and sundry stores, on
the Company's account. The splendid new steam-ship.
the Pottinger, Captain Cooper, belonging to the Oriental
Company, is preparing for sea; she will leave on the
20th instant, with the East India and China mails, rid
Alexandria. The Pottinger is now taking in a full cargo
of bale goods. The Transit steamer arrived this day
from Vigo, which place she left on Friday last, with a
largo cargo of lagoota, pll is Rost exCille4t C 9140914