The Sun.
London, England, 1844-05-03 00:00:00

TITHES.

REPORT OF THE TITHE COMMISSIONERS FOR
ENGLAND AND WALES.
TO THE RIGHT HON. SIR J. R. G. GRAHAM, FART.

Tithe Commission Office, April 2, 1844.
Sir,—lt is our dnty to report to you the progress of the
commutation of tithes in England and Wales to the close of
the year 1843.
Vie have received notices that voluntary proceedings have
commenced in 9,555 tithe districts ; of these notices 45 were
received during the year 1843.
We have received 6,877 agreements, and confirmed 6,492 ;
of these, 183 have been received, and 281 confirmed, during
the year 1843.
3,871 notices for making awards have been issued, of which
836 were issued during the year 1843.
We have received 2,681 drafts of compulsory awards, arid
confirmed 2,172 ; of these 675 have been received, and 559
confirmed, during the year 1843.
- • We have received 7,525 apportionments, and confirmed
6,881 ; of these 1,074 have been received, and 1,186 con-
firmed, during the year 1843.
In 8,664 tithe districts, as will be seen from the above
statement, the rent-charges to be hereafter paid have been
finally established by confirmed agreements or confirmed
awards.

We have in our possession voluntary agreements and drafts
of awards, as yet unconfirmed, which will include 894 addi-
tional tithe districts ; and make a total, when completed, of
9,558 districts in which the tithes are commuted.

We have to repeat the assurance which we have happily
been able•to .give in every report, that the whole process
of commutation is proceeding tranquilly and harmoniously.
The district of South Wales may appear to form an ex •
ception. _ _ _

-As far, however, as we can jadge from our own correspon-
dence, and our other means of information, very little discon-
tent has existed 'between the real parties to the commuta-
tion, that is, the landowners and titheowners
The occupying tenantry, however, have found grounds of
complaint, in many cases not unreasonable ; they are called
on to pay rent-charges, the majority of which have been
agreed to by their landlords, though a smaller portion have
been awarded by us. Those rent-charges are very peculiarly
low, and on the average do not greatly exceed one-tenth of
the rent, or of the net value, instead of amounting to one-
tenth of the gross value of the produce.
Still, low as they are, these rent-charges somewhat exceed
the compositions which the tenants calculated on paying
when they hired their farms and fixed their terms with the
landlord.

The task of apportioning still goes on more slowly than it
was calculated it would do when the Commutation Act
passed ; but it continues to be effected, as it has all along
been, with much less difficulty and irritation than it was
supposed would accompany it.
Much of the work which remains for us to do begins to
assume a character which makes it advisable to draw your
attention to some of its peculiarities and difficulties.
In many parishes in which the great bulk of the tithes
have been commuted on inclosure or otherwise, farm, or dis
trict moduses have been left, which in the present state of the
law it will become our duty to convert into rent-charges, and
we must, partially at least, map and apportion on the lands
subject to them.
The expenses of such apportionment to the landowners
will first be extravagant, when compared with the amount of
the sum apportioned, and then the expenses of collecting
will make the rent-charge valueless to the titheowner.

It seems to us that iiithese cases a permission to redeem
these payments for money, and thus to avoid the expenses
both of apportionment and collection, would be advantage-
ous, and indeed is requisite to protect both parties.
The managers of Queen Anne's Bounty are willing, we be-
lieve, to receive the redemption money ; and if they are di-
rected to apply it, as they do augmentation moneys, it may
partially and gradually be invested in land if that seems de-
sirable for the titheowner. The operation of such a measure
might perhaps usefully be somewhat extended.
In many cases of vicarial tithe, the individual payments
are so minute as to convert the collection of them into a loss.
We have even been requested to strike a mass of them out
of rent-charges, because, as the titheowner will be taxed upon
the gross amount of them, and be certain not to receive
them, the nominally giving them to him is substantially
mulcting them.
The redemption of such small payments would clearly be
a boon to the titheowner, and as the liability to them is often
felt to be a disagreeable incumbrance by the owners of pro-
perty-, the power of redeeming them would be, in a very many
cases, also considered a boon.
The state of the law, as modified by 2 and 3 William IV.,
c. 100, commonly called Lord Tendenden's Act, impedes our
progress, And, unless cleared up, threatens to protract the
close of our labours. In some hundreds of cases, and, indeed,
in an indefinite number, we cannot give decisions as to the
• contested rights of parties with any confidence that those
decisions are correct.
Our own legal assistants are divided in opinion, and we are
told that this division of opinion extends even to the superior.
Courts; at any rate, no decision of those Courts oil the cases
now before them has been obtained.
We are lel to hope that sonic distinct decision may be
given before the close of this year; if this is not the case,
we may be driven to request the assistance of the Legislature.
'Whatever the law may turn out to be, those cases will
many of them be obstinately litigated, and if our dealing
with them is much longer postponed, the delays of issues
and new trials, and of the apportionments which must follow
them, may postpone what would otherwise be the term of-our
labours.

In the case of parishes containing open fields, where the
tithes have been commuted and the rent-charges apportioned
before inclosnre, the re-apportionment -of those rent-charges

on the inclosed lands newly appropriated to individuals is
always desirable, and, indeed, almost indispensable.
We have no power to sanction this at present.
We think such a power might conveniently be given us.
:The exercise of a similar power, after the close of our com-
mission, may be provided for by an Act, which, for that and
other purposes, it will be necessary to pass before the tithe
commission ceases to exist.

Ina number of parishes, heretofore.inclosed by Act of Par-
liament, we have reason to believe that' the provisions for
extinguishing tithe have been in some cases wrongly, in
others imperfectly, carried out.
If tithe litigation and tithe are to cease with the commis-
sion, some provision must be made for correcting the errors
or completing the deficiencies of these inclosure transactions.
Some of the railroads, one of the most extensive in particu-
lar, that is the Great 'Western, refuse to pay the rent-charges
apportioned on the lands over which they pass.
It is illegal to seize and carry away the rail, so that the
titheowner's remedy by distress is nugatory, unless there is
a station in his district.

His remaining remedy is to take possession of the ground
over which the road passes; but as it is illegal fix him to
stop up a public-way, his possession is useless to him, unless
he resorts to the doubtful benefit of a suit in equity, to compel
an acconnt of the profits made on the portion of railroad in
his legal possession.
. We think that the owner of the rent-charge should not
be driven to this experiment, but that whenever a rent-
charge is clearly due from the railroad company it should be
recoverable by distress on the property of the company, on
whatever part of the line found.
This would not increase the legal liability of the com-
pany.
They might still, by replevin or otherwise, dispute the
legality of the rent-charge ; only, when they did not so dis-
pute it, they would be compelled to pay the owners of rent-
charges in districts where there is no station, and where those
owners hate no other remedy than a suit in equity.—We
have the honour to be, Sir, your faithful and obedient ser-
vants, WILLIAM BLAMIRE,
T. W. BULLER,
RICHARD JONES.

FURNITURE of the LATE EMPEROR
NAPOLEON.

On Wednesday, at one o'clock, a sale by auction of the
property of the late Lieutenant-General Sir Hudson
Lowe, including some portion of the furniture
which was in the possession of the Emperor Na-
poleon 'during his captivity at St. Helena, took
place at the auction-rooms of Mr. Phillips, New
Bond .street, by order of the executors of Sir Hudson
Lowe, on which occasion there were several Frenchmen
present, wbo appeared to exhibit a lively interest when
the various articles, once the property of the late Em-
peror, were put up. These consisted of about twenty
lots, and which in general possessed little from their
intrinsic worth to recommend them. Among them
were the following :—A largo. mahogany-frame in-
dulging chair, banded with ebony, on castors, from the
Emperor's study, 15/. 15s. ; a small circular mahogany
pillar and claw table, on which Napoleon burned pas-
tiles, 6L 6s. ; a six foot pedestal library table, formed
of mahogany and yew tree, at which table he almost
always wrote, eighteen guineas ; an ebonyed arm chair,
with cane seat and back formed of common materials.
(There was a hole in the cane seat which had been
caused by being constantly used, and it was stated by
some brokers in the room not to be worth is. 6d.)
The auctioneer stated that from the chair being
light, it was carried about by the Emperor, when
he took his walks in the grounds at Longwood.
It was bought for 6L An old inkstand, with two
cut glass inks, 51. ; a glass cruet and stopper, with the
crown and " N." engraved thereon, 11 16s. ; a swing
dressing glass in pillar supports, 61. 15s. ; a mahogany
chest five drawers (of common manufacture), six
guineas ; the Order of the Dutch Lion in gold and white
enamel, as instituted by Louis Napoleon, worn by
Joseph Buonaparte, and taken from the baggage of
the latter at the battle of Vittoria, by a corporal of
the 14th Dragoons, 14/. ; a very fine portrait of the
Emperor, taken from life at St. Helena, eleven
guineas ; the Order of the Dragon, with the collar set
in precious stones. 10/. ; a valuable gold time keeper
by Brequet, with gold chain and key, made to go fifty-
four hours—(twelve of these were made by order of
the Emperor, to be distributed by his own hands
to the Marshals of France, on which account they
were called the Marshal watches), 23 guineas. The
article which excited the greatest interest during the
sale, was a picture, containing a medallion, inelosing a
lock of hair of the late Emperor Napoleon, and one of the
King of Rome, suspended from three ribbons, worn
by the Emperor, to the order of the Legion of Honour
the Iron Crown and Re-union, surmounted by an Eagle.
At the bottom of the medallion is the following certifi-
cate by Marchand, the Emperor's valet and executor:—
"Le 20 Mars, J'ai donn6 d'amitie a M. Lemetheyer
quelques cheveux de l'Empereur Napoleon, coups apres
sa mort et trois cordons de la Legion d'llonneur, de la
Couronne de fer et de la Re-union. " MARCHAND."
At the back of the picture, which is sealed, is the fol-
lowing certificate of M. Lemetheyer
Je d&lare sur l'honneur avoir regu de Monsieur
Marchand, premier valet de chambre de l'Empereur Na-
poleon et son executeur testamentaire, tousles objets
qui composent ce tableau lesquels ont ete retires en ma
presence, du beau necessaire de l'Empereur, pour passer
dans ses mains au retour de S. Heleae. Les cheveux
blonds qui se trouvent au milieu du medallion soot ceux
du Roi de Rome, et m'ont e:e donr e 3 par Madame Mar-
chand, mire berceuso du jeune Rui, s son retour de
Vienne. " Paris, le 20 Mars, 1823.
" Lieutenant de fre„;ate Honorais,
" Chevalier de la Legion d'Honneur."
The following appears in the inventory A of Napo-
leon's will :

"Art. 2. Marchand conservera mes cheveux et en fera
faire un bracelet avec un petit cadenas en or pour etre
envoy a I'Emperatrice Marie Louise, a ma mece et
chacun de mes freres, scours, neveux, nieces, au Cardinal,
et un plus considerable pour mon file."
The first offer for" the picture was fifty guineas ; a
spirited competition ensued, at five guineas each bidding,
when it was disposed of for ninety-five guineas.
The various lots in the catalogue produced about 680/.

THE WILL FORGEIIS.---It is understood that in the
course of the ensuing week Barber and Fletcher will
he removed from the Millbank prison on board ship,
for the purpose of being conveyed to New South
Wales, while it is expected that Saunders will be re-
moved to the New Model Prison, Pentonville. It will
thus be seen that with regard to Barber the hopes, if
any were entertained, of his having his sentence com-
muted, or of his being pardoned, are at an end. Mrs.
Dorey and her sister, Mrs. Saunders, who, it will be re
collected, were sentenced to two years' imprisonment,
were removed on the Tuesday previous to the de-
parture of the male convicts from Newgate. As the
sentence on the females was merely that they be im-
prisoned for the period of two years, they were taken
to Giltspur-street Compter, and for the first day or
two they were set to pick oakum, which coming to the
knowledge of the proper authorities, an order- was
sent down to take the two prisoners from this species
of labour, and which, according to the regulations of
the Compter, is deemed hard labour. They are now
employed at needlework. Since their conviction and
sentence their health has greatly improved. Previous
to the removal of Mrs. Saunders she was allowed to see
her husband for the purpose of taking farewell, but the
parting was not of that affecting description which too
often occurs within the walls of a prison. They merely
bade each other good by, with a hope that they might
see each other again. While Barber and Fletcher were
in Newgate they never conversed together, the former
invariably doing all he could to avoid his companion in
guilt ; at the same time, whenever he had any occasion
to speak to those connected with the gaol, he at every op-
portunity declared his innocence. A short time previous
to being removed from Newgate, Barber requested
Fletcher to sign a declaration to the effect that he was in-
nocent, and that his only connection with the will forgeries
was his being employed as the attorney. Fletcher re-
plied that he was very sorry for the situation in which
Barber was placed, but he knew very well that he
(Fletcher) could not sign such a declaration. On being
informed that an order had arrived for his removal,
Barber then for the first time appeared to sink. His
spirits left him, and he evidently became convinced that
all chance of escape was over. When the convicts
were brought into the yard to be removed, neither be
nor Fletcher took the slightest notice of each other.
As the expenses of the Treasury prosecutions are paid
by the Government and not by the county, the amount
of the above trials cannot be ascertained, although it is
supposed to be about 1,0001

. -
CAPTURE or OTTEBS.—Yesterday, as some gentle-
men were fishing in Mr. Featherstonaugh's water, on Leigh
Week, they sighted an otter, and with the assistance of a
spaniel traced the fell spoiler a considerable way, till he
" treed"—a feat in which otters are not generally supposed to
indulge. Losing sight of him here, the piscators, by sonic.,
means, had their attention drawn to the tree, a decayedlyd
low, or "sally," close to the water's edge, and having knocked
on its trunk, a purring or squealing noise :from
one, was
rewarded their research. The tree, a very rotten
above the water, was
quickly cut into, and there, a few feet .
which were seized,
found the otter's nest with three fine cubs, the interior
oatntderabrerenoodws
tiwniotheep3o,osasers;sitoinio ecarsstoonwaasugbho.lieTvleide
apparently about three
to be the first of the season, andf
bones and fin parts of fish, °lc t3teirr. inFetahhs
among
otter must travel all the
weeks old. Close to the tree
ownegrewhonuiPonPhdma,ogreretahteqrueamnaitlntys of
a salmon, so tbat either the
are aware that years ago a salmon
distance to Tema for prey, orp else sal2noion have been recently
in Leigh brook. W.e
was caught still higher up, viz., beyond Starling's mill, but
none has been observed in the brook lately.— Worcester
Herald.
DEATII mom CA UTION TO PARENTS.—
yesterday an inquest, which had been adjourned from Thurs-
day last, was resumed before Mr. Baker, at the Spread Eagle,
llonierton, on the body of Joseph Henry Newton, an infant,
seven months old, whose parents resided at No. 4, Bruns-
wick-place, Ilomerton. The inquest had been adjourned for
a post mortem examination of the body. On the evidence
being fully gone into, it was shown that a few days pre-
viously to his death the deceased had become somewhat
fretful and peevish, and the mother, in order to quiet him,
without having procured any previous medical advice, ob-
tained from a neighbouring chemist some opium, which she
administered to deceased. The deceased almost immediately
after sunk into a comotose state, from which he never rallied,
and died before medical assistance could arrive. Mr. Crocom,
surgeon, said he had made a post mortem examination of the
body, and found the vessels of the brain much congested,
which had nq doubt resulted from an improper administra-
tion of opium, causing death. The Coroner hoped the pre-
sent case would Operate as a caution to parents in general
against administering such nostrums, in the absence of me-
dical practitioners, and the jury returned a verdict of "Died
from natural causes."

SUDDEN DEATH IN WESMINSTER ABBEY.—On
Friday last, one of the vergers of Westminster Abbey,
named Samuel Phillpotts, aged fifty, was engaged in
showing some individuals the monuments, &c., contained
in the sacred edifice, when suddenly he ejaculated,
" Oh!" and fell speechless. He was immediately con-
veyed to the Westminster Hospital, where the usual
means were adopted in order to produce re-animation,
but without effect. The medical gentlemen who at-
tended him gave it as their opinion, that death had been
caused by a fit of apoplexy.