tithe-payers, or the sums really paid by them, when the greater amount of rates necessarily levied on their own farms, in consequence of low assessment of the tithe, is taken into account. On the other hand, there are cases where the sums paid by the tithe-payers as rates on their tithe, represent larger sums than those which were in the contemplation of either party at the time the agreement between them was made; and form, with the compositions, therefore, a larger sum than either party can be said to have treated the tithes as worth. These are cases in which unusual, and therefore unexpected circumstances, have swelled the rates in particular years beyond the amount of the expenditure of the parish for ordinary objects, and beyond the amount, therefore, which either party reckoned on at the time their contract was made.

The rules which we have here established appear to us such as, when fairly and steadily applied to individual cases, will do justice to both parties. Our conviction is, that while doing such justice they will carry on the compulsory commutation very much in the spirit and with the results that have hitherto characterised the voluntary commutation. It appears from the returns made to Parliament, that the rent charges fixed by voluntary agreement in the different counties have oscillated within moderate limits on each side of the past compositions; and we believe that the rules which we now submit for the guidance of the Assistant Commissioners will have the effect of making the rent charges established by compulsory awards oscillate in a similar manner.

SPECIAL CASES.

Special cases are cases reserved by the 38th clause of the Act for a separate adjudication. In these cases the past dealings of the parties are to be wholly neglected, and the rent charges decreed are to be determined by the rent charges established in lands of the like description, and similarly situated, in the neighbouring parishes. Such cases will probably be much confined to the three classes enumerated in the Commutation Act-namely, cases of direct fraud and collusion; cases in which a great length of time has elapsed since the making a composition, which remained in force during the seven years preceding Christmas 1835; and cases in which the parties have stood in some peculiar relation to each other, by which the free agency of one of them was restrained, or in consequence of which the composition nominally made for tithes was only part of a bargain including other property demised, and affords no evidence of the separate value of the tithes. But as we are in every case to report to the Secretary of State the grounds upon which we have reserved a parish for such separate adjudication, and as we are confined to the establishment of rent charges, limited by the rate of those fixed on similar lands in the neighbouring districts, we think the rule as to those cases may, without any danger, and with some advantage, be put in a more general form; and that every case should be declared to be a special case in which it appears that, from some peculiar circumstances, the past compositions afford no evidence of what the parties themselves considered the tithe-owners' rights as worth during the seven years preceding Christmas 1835.

COPPICE.

The difficulty of fixing rent charges in lieu of the tithe of coppice wood, arises mainly from the fact, that, from different coppices being at the present moment in different stages of growth, there would be injustice in fixing the same annual payments on coppice lands of equal quality, if that payment were to commence at once on all.

To avoid this, a certain sum might be paid down as an equivalent for the value of the tithe of the actual growth of the wood, which would vary according to its age; and then an uniform rent charge might be fixed on lands of like quality; but this would in some cases be extremely inconvenient and objectionable to tithe-payers.

It appears to us preferable that the tithe actually accrued should be considered as so much capital belonging to the tithe-owner, and that the tithe-payer should be charged only with interest on it at 4 per cent., in addition to the tithe he would pay in future, supposing the coppice to have been just cut.

This plan, besides being more convenient to the land owners, has the additional recommendation of securing a somewhat larger permanent payment to the titheowners than they would hereafter receive, if all the tithe due for the growing wood were paid down at once.

These rules as to the coppices will in most cases, we think, satisfy justice and the wishes of the parties; but in some few instances, such as those of very aged

tithe-owners, or of tithe-payers who are tenants for life, they may produce discontent and hardship. We are of opinion, therefore, that it will be expedient to reserve to this commission the power, on a special report from an Assistant Commissioner, to direct any particular case of the tithe of coppice wood to be arranged in such a manner as may seem to them best suited to the peculiarities of that case.

EXPENSES.

Among the important duties of the Assistant Commissioners will be that of assessing the expenses of awards in cases where applications are made for an increase or diminution of the averages, or where an appeal is made against the decision of the Assistant Commissioner, on the ground that he has not correctly calculated those averages. It does not appear to us to be expedient, or even clearly legal, to take wholly away from the Assistants the power given them by the 73d section of the Act to assess costs between parties in such proportions as in each case they shall think fit and reasonable; but for their guidance in the exercise of that power, we declare it to be our opinion, that when notice of such an application to vary the average is given, under the 38th clause of the Commutation Act, or when parties appeal against the award, to save the expense of unnecessary preparation on the part of the opposite party, the parties applying or appealing should set forth, in a written notice, the grounds of their application or appeal, and that the applicant or appellant should not afterwards be allowed to enlarge or change those grounds.

On the hearing, we think each party should support his own case by such evidence as he may think it expedient to produce, and that the Assistant-Commissioner shall, if he see fit, decide on such evidence alone, leaving him always the power of directing valuations and admeasurements, if, in order to resolve his doubts, he finds it necessary to do so.

The expenses incurred by the parties themselves should, as a general rule, be paid by them respectively.

The expenses incurred by the directions of the Assistant Commissioner he will assess as the justice of the case may seem to him to require.

But if cases arise in which either the application or the resistance to it appears to be obviously frivolous and vexatious, he should state that fact to us, and the grounds of his decision; and charge all the expenses of both parties, and all the expenses incurred by his direction, on the party making such frivolous or vexatious application or opposition.

And although, as a general rule, the expenses incurred by the parties should be defrayed by themselves; yet, when they are clearly driven to such expenses by the perverseness of their opponents, and by refusals to admit facts which the Assistant thinks ought not to have been contested, then we think the Assistant may properly assess, on the party whose perverseness and litigious refusals have led to unnecessary expenses, the whole of such expense, although incurred in the first instance by his adversary, and that even in cases as to which he is not prepared to report the whole contest as frivolous and vexatious.

A portion of the expenses incurred by the parties themselves, or by order of the Assistant, may be for the purpose of obtaining information which will lessen the expenses of the apportionment; we are of opinion that in all such cases the Assistant should be directed to levy such expenses as expenses incident to the apportionment; and when such expenses have been incurred by the parties themselves, he should order the repayment to them of such sums as he has so levied.

We have the honour to be,'

Your Lordship's most obedient and faithful servants,'

W. BLAMIRE.
T. W. BULLER.
R. JONES.

ORDINATIONS.-The Ordination of the Lord Bishop of Worcester is unavoidably postponed to Friday, the 24th of August next, being St. Bartholomew's day.

His Grace the Archbishop of York intends to hold a general Ordination, at Bishop-thorpe, on Sunday, the 5th of August next.

The Lord Bishop of Bath and Wells intends holding a general Ordination on Sunday, October 21st.

The Bishop of Lincoln's next Ordination will be held at Buckden, on Sunday, the 23d of September. Candidates must send their papers to his Lordship before the 12th of August.

The Bishop of Norwich will hold his next Ordination on the 23d of September.