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· REASON VIII.-In order to avoid the expense and inconvenience resulting from all wills being proved in London, the committee of the House of Commons propose that copies of country wills should be deposited at certain stations throughout the kingdom.-(Vide page 7 of their Report.)

ANSWER.--If copies were so deposited, officers must be paid for preserving and affording facility of reference to those documents; and, in point of expense, there would then be no saving. But the people in the country would never be contented with the inspection of the mere copies ; they would still require to see the originals. Thus they would be put to the expense of sending the originals to town; of supporting establishments in the country for the custody of the copies, and for supplying the means of rendering them accessible; and also of consulting, whenever they required it, the originals in London. Considering the small classes of property to which the country wills in general appertain, this treble expense would be highly unjust.

Reason IX.-The expense of communicating between a great majority of the country towns and the metropolis, would be less than the expense of communication between such towns and the principal towns of each county( Evidence given before the Committee of the House of Commons.)

ANSWER.—This is by no means the case. Every country solicitor knows that there are many economical modes of sending small parcels from one part of the country to another. But even though it might be granted that the statement on the other side were true, still it would only apply to those persons who can conveniently pay postage and coach expenses. But it is in evidence, that many poor people who wish to consult an original will, are unable to employ an agent for that purpose, and that they often walk twenty, thirty, or forty miles, with a view to satisfy themselves on that point, and are not even able to pay the shilling fee for inspection, after they have incurred that charge.

ADDITIONAL OBSERVATIONS. Reason X.-“ All deeds, or rather copies of all deeds," say the Real Property Contrissioners, “ought to be registered in London : therefore so should all wills."

ANSWER -The llouse of Coinmons have already negatived the first of these propositions, even though it was conceded that the original deeds should remain in the hands of the parties to whom they belonged. Therefore, the consequence does not follow as the premises do not exist. But even if the idea of a general registry of the copies of Deeds had been adopted by the Legislature, the precedent would, at best, be good only for a general registry of the copies of wills; to which there is no objection. Why cannot the copies of wills sent to the legacy office by all the country courts, and for which the public pay, be made available after the abstracts are entered in the books of the office ?

Reason XI.-An impression prevails in highly respectable circles, that the applications for searches of wills in the country registries, generally apply to matters of personal estate.

ANSWER.–So far from this being the fact, it may be safely asserted that three-fourths of these searches are connected with matters of title to real estates, and that by far the majority are for wills lodged more than twenty years since.

Reason XII.-The local courts are too numeroas; they sometimes clash with each other as to jurisdiction, and therefore lead to confusion and unnecessary expense.

ANSWER.—The 380 courts which at present exist in England and Wales, may be easily consolidated, so as to reduce the total number to about 48. If the diocesan courts be retained at the cathedral establishinents, courts of registry can be formed or retained in such counties or districts as inay be most convenient to the people. Such an arrangement would be inhnitely preferable to a single metropolitan court and registry.

Table of Searclus for, and Applications to Inspect Wills and Administrations, made in

the larger portion of the Country Courts in the Province of Canterbury, on an average of the three years 1829, 1830, and 1831.

No. Personal Searches by parties themselves, or their Agents .

5,335 Searches made by the Registrars on behalf of parties resident in the Diocese 2,423

7,758

268

Searches made by the Registrars on behalf of persons resident in London
Searches made by the Registrars on behalf of persons not resident in the Diocese

or in London

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453

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ORGANO-HISTORICA;

Or the History of Cathedral and Parochial Organs. NO. XXIV.—THE ORGAN AT THE NEW CHURCH, (st, LUKE,) CHELSEA.

In pursuing our description of the new organs at the London churches, we purpose taking them according to the number of stops they contain. This being our guide, the organ at the new church, Chelsea, comes next under our consideration.

In laying before our readers the history of the above-named instrument, we beg to observe, it was not originally built for the church in which it now stands. It is the workmanship of the late Mr. Nicholls, son-in-law and successor to the late George Pike England, of Stephen-street, Tottenham-court-road, well known as one of the most eminent English organ builders of his time. He died about twenty years ago. His successor lived but a few years after him, and the organ we are about to describe was intended, and built expressly, for a large chapel in the West of England; and as will be seen by the summary of its stops, was most magnificently designed, being the largest organ, as far as relates to duplicate stops, that was ever built. The instrument contains the following stops :

5 Fifteenth. 1 Stop Diapason.

6 Bassoon and Cremona. 2 Ditto diito 3 Open ditto.

348 pipes. 4 Ditto ditto 5 Ditto ditto.

1 Stop Diapason. 6 Principal.

2 Open ditto. 7 Ditto.

3 Ditto ditto. 8 Twelftb.

4 Dulciana. 9 Fifteenth.

5 Ditto. 10 Ditto.

6 Flute. Il Tierce.

7 Principai. 12 Sexquialtra, 4 ranks.

8 Ditto. 13 Trumpet.

9 Cornet,

3 ranks. 14 Clarion.

10 Trumpet 15 Pedal pipes.

11 Hautboy.

12 Clarion. 1010 pipes.

518 pipes. 1 Stop Diapason.

Choir,

348 ditto. 2 Dulciana.

Great organ,

1010 ditto. 3 Flute. 4 Principal.

Total number of pipes 1876

GREAT ORGAN.

SWELL.

CHOIR ORGAN.

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The compass of the great and choir organs is from G G to F in alt, 58 notes ; that of the swell, from F in the tenor, to F in alt, 37 notes. The pedal pipes are double open diapasons, to CCC; the four lower notes are unisons; and the last octave of one of the open diapasons, is of wood. The quality of tone in this instrument is good, but there is not so much power in the full organ, as might be expected from the number of stops. The quality of tone in the choir organ is very pure; the stops mix well together. The swell also is very good; but the compass is too confined. The pedal pipes are not weighty enough in their tone ; the upper part of the instrument overpowers them in chorus. There has lately been added a cremona, in the place of the bassoon, The quality of this stop is very good. It is the workmanship of Mr. Gray, who has the care of the instrument. Since its erection great improvements have taken place in almost every department of organ building. If this instrument were now modernized, it would, we think, rank amongst the best in London. The compass of the swell should be extended at least an octave lower, if not to C C. Another set of pedal pipes should be added, and supplied by a separate pair of bellows. The swell and choir should couple to the great organ; and the swell and great organ should have composition pedals. With these additions and improvements, it would be inferior to none of the same class. Although this instrument was built by Mr. Nicholls, it was finished by Mr. Gray, who purchased it of the assignees of the builder in an unfinished state. The trustees of Chelsea purchased it of Mr, Gray, for their newly erected church,

COLLECTANEA.

Bishop RIDLEY.--Very affectionate and truly beautiful is this excellent prelate's apostrophe to his college, Pembroke Hall, Cambridge, just before his martyrdom.

“ Farewell, Pembroke Hall, of late my own college, my cure, and my charge.—What case thou art now in, God knoweth I trow not well.

Thou wast ever named, since I knew thee, which is not thirty years ago, to be studious, well learned, and a great setter forth of Christ's Gospel, and of God's true word. So I found thee, blessed be God, so I left thee, indeed. Woe is me, for thee my dear college, if thou suffer thyself by any means to be brought from that trade. In thy orchard, (the walls, butts, and trees, if they could speak, would bear me witness) I learned without book, almost all St. Paul's Epistles, yea and ween all the canonical Epistles, save only the Apocalypse: of which study, though in time a great part did depart from me, yet the sweet scent thereof I trust I shall carry to heaven with me, the profit thereof, I think I have felt in all my life-time ever after,"

LAW REPORT.

No. XXXV.-ON THE RIGHT TO THE TITHE OF POTATOES.

GILBERT AND OTHERS v. Towns. This was an action of debt on the happening, or increasing, in Norbiton, statute of 2 & 3 Ed. 6, c. 13, for not Surbiton, Comb, Ilatche, Ham, Kew, setting out tithe of potatoes, and was otherwise Kayho, Petersham, Sheen, tried at the last Kingston assizes before otherwise Richmond, or elsewhere Lord Lyndhurst, when a verdict was within the said parish of Kingstongiven for the plaintiffs for 18l., being upon-Thames, to the said rectory, treble the agreed single value of the belonging, or in anywise appertaintitbes.

ing.” The plaintiffs were mortgagees in 3. An extract from the Valor Ecclefee, in possession of the rectory of siasticus of 26 Hen. VIII. of so much Kingston-upon-Thames: the defend- as related to the vicarage of Kingstonant was an occupier of lands in that upon-Thames, in the county of Surrey: division of the parish which is called “It values in tithes of geese, 4s.; pigs, Norbiton; and in the year 1833 grew 16s.; doves, 10d.; eggs, 38.4d.; hemp, about ten acres of potatoes in fields. 1s. 4d.; fruits, 2s.; gardens, 8s.; woods,

He contended that the tithe of po- 13s. 4d.; tiles, 4s.; personal tithes, tatoes, being a small tithe, was payable otherwise privy tithes, 91. 58. 9d.; to the vicar of Kingston-upon-Thames, cows, 1l. os. 8d.; calves, 10s.; honey and not to the rector.

and wax, 28.; osiers, 1s. 4d.; chickens, The evidence adduced by the plain- 1{d. :" the total value amounted to tiffs at the trial was, –

541. 13s. 3d. 1. Grants under the great seal of 4. A copy from the court rolls of the 19th of May, 1609, and 15th of the first fruits in the court of excheDecember, 1640, of the rectory of quer at Westminster, of Michaelmas Kingston-upon-Thames, and all man- term, 3 Eliz., which shewed that the ner of tithes and other profits to the vicar, instead of receiving 54l. 13s. 3d. rectory belonging; in the first of wbich from his vicarage, received only grants the rectory was described to 251. 58. 101d., and judgment of dimihave been parcel of the possessions nution was accordingly given. of the late monastery or priory of 5. An extract froin the records of Merton.

the First Fruits' Office of the return 2. The plaintiff's title deeds, the made by the bishop of Winchester, in earliest of which was dated the 9th pursuance of the act of 5 Ann. 'for of July, 1737.

discharging small livings from their The deed of 16th December, 1738, first fruits and tenths, and all arrears contained the following description of thereof: from that return, which was the premises, which was copied in all dated the 28th of March, 7 Ann. the subsequent title deeds :-“All and (1707), it appeared that the clear singular the tithes of corn, grain, wheat, improved yearly value of the vicarage rye, barley, beans, peas, potatoes, tares, of Kingston amounted to 341. 78. and oats, French wheat, hay, wool, and no more. lamb, and all and all manner of tithes, The plaintiffs then proceeded to of what nature or kind soever, to the prove, by oral testimony, that as far rectory of Kingston - upon-Thames back as living memory extended, the aforesaid belonging, or in anywise tithes of potatoes grown in fields had appertaining, coming, growing, renew- uniformly been paid to the rector, ing, happening, or increasing, and which and the tithe of potatoes, and every at any time or times hereafter shall or thing else grown in gardens, to the may be corning, growing, renewing, vicar. The reputation in the parish

* Notwithstanding an endowment of 1374, conferring all small tithes on a vicar, the Court refused to set aside a verdict finding the right to potatoes grown in fields to be in the rector, evidence having been adduced from which it might be presumed that, on good consideration, an alteration had been made in the endowment previously to the restraining 3 tatute of 13 Eliz.

was, that the rector followed the and except from the animals of the plough, and the vicar the spade. farmers of the same Religious as afore

The defendant relied on an endow- said.""Also the said vicars may ment of the vicarage of Kingston in take the small tithes whatsoever of 1374, by which the vicar was endowed custom or of right due throughout of all the small tithes, except what the whole parish of the church of were specially reserved to the prior Kingston, and the chapels aforesaid, and convent. « Also the said vicars by any manner arising, and by whatmay take the tithes of cows, calves, soever name distinguished, those only goats, kids, pigs, rabbits, and other excepted which are specially reserved wild animals, of what kind soever; to the said prior aud convent." of fowls, doves, swans, peacocks, geese, “And the religious men, brother Roducks, and of other fowls, of what- bert of Wyndesore, the now prior, and soever kind; also of cheese, milk, and his successors the priors and convent things made of milk; of bees, honey, aforesaid, shall for ever take and have wax, and eggs.” “ Also the said vicars the great tithes of sheaves arising may take the tithe of flax, hemp, and without the said gardens, and of hay, warrens, wheresoever and whatsoever, and living mortuaries, and the tithe of arising through the whole parish of wool, and lambs, and hides, of the the church and chapels aforesaid; and village of Kingston and Norbilton, of corn in gardens or curtilages of the Sorbelton,Combe, Hertyngdon, Hatche, said parish of the said church and Hamme, Petersham and La Hake chapels aforesaid, dug, or hereafter and Berewell, and all other tithes and to be dug, with the foot; of herbs, profits, and ecclesiastical emoluments also, and of all other things growing within the said parish arising, or to in the same, which were not of the the said church and chapels belonging, manors of the aforesaid prior and as well those above reserved to the convent. And if it shall happen in same religious men as whatsoever time to come, that any gardens of the other things to the aforesaid now vicar, said parish shall be turned up or for him and his successors, vicars, and levelled, and the lands thereof tilled for his vicarage aforesaid, and for their by the plough, then the said prior and portion in this behalf, are not above convent shall wholly take and have assigned, nor by the tenor of these the tithes of corn (bladorum) of such presents are in any manner soever gardens and lands so ploughed up. ordained, not containing the same And if it shall happen hereafter, that portion or appointment to the now any arable lands which are not of the vicar, and his successors, vicars of the manors of the said prior and convent, aforesaid vicarage as aforesaid assigned shall be reduced to gardens, and dug or made." with the foot, then the aforesaid vicars The vicar's collector produced his shall take and have the tithes of corn collecting, book, which was put in. arising from such gardens for the time The only items contained in that book in which they shall be dug and tilled were fruits, gardens, woods, cows, and with the foot. Also the said vicars osiers, all of which were named in the may take the tithes of feedings, pas- Valor Ecclesiasticus. tures, and agistments of animals; of A verdict having been found for the pannage, willows, and osiers; and of plaintiff, fallen wood for fire whatsoever, and Spankie, Serjt. moved to set it aside of vines, and of the fruit of trees of as contrary to evidence, relying on the every kind, wheresoever arising within unqualified language of the endowthe parish of the church aforesaid, ment, which gave the vicar all small and the chapels aforesaid, except from tithes whatever, and contending that the manors aforesaid. Also the said no legal alteration of this endowment vicars may take all tithes whatsoever could have taken place subsequently of lambs, wool, and hides, to the to the restraining statute of the 13 chapels of

Dytton, Mulesey,and Shene, Eliz., and that potatoes, which are arising, except from the animals of clearly small tithe, were not introthe said prior and convent at Mulesey; duced into England till after that period.

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