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the unusually high prices of the precious metals, and other circumstances arising out of a state of war, had obliged them to suspend; and they now take leave humbly to represent to your Royal Highness, that an immediate coinage of gold and silver monies would be of great public benefit: but that if your Royal Highness should be pleased to give directions for carrying the same into effect, they do not conce ve it would be advisa le to make any alteration either in the standard, weight, or denominations of the gold coins. The committee are, howeve, of opinion that it should forthwith be proposed to parlia ment, to pass an act declaring the gold coin alone to be the standard coin of this realm; and that the silver coins are hereafter to be considered merely as representative coins, and to be a legal tender only in payment of sums not exceeding two guineas

The committee do not think it necessary to state to your Royal Highness the reasons which have led them to recommend that the gold coin alone should be declared to be the standard coin of the realm, because they conceive that such a declaration by parliament would in truth be merely in confirmation of a principle already established by the universal consent and practice of his Majesty's subjects, and which appears to be in a great measure recognised by the act of 38 Geo. III. chap. 59.

With respect to the silver coins, of which an immediate supply appears to be more indispensably necessary for the public convenience, the committee are of opinion, that no alteration should be

made either in the standard of fineness or in the denominatious of the coins; but they think it will be advisable to diminish the weight of the pieces, in order to prevent a récurrence of those inconveniencies which have hitherto arisen from the melting of the new and perfect silver coins as soon as they have appeared in crculation, for the purpose of converting them into bulion, in which stare they have generally been more valuable than as com : the committee are therefore of opinion, that it should be proposed to parliament to authorize his Majesty to direct, that in all future coinages of silver, sixty. six shillings (and ther coins A proportion) shali be struck from each pound weight troy of standard silver, instead of sixty-two.

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It has hitherto been the practice in his Majesty's Mint to ieturn to those who import silver for the purpose of having it converted into coin, a quantity of coin equal in weight to the quantity of standard silver so imported, the expense of coining being borne by the public. So long as the silver coins were considered to be the standard coin of the realm, this principle appears to this committee to have been a wise one, and they conceive that it should still be adhered to in respect of the gold coin, which is now to be declared the standard coin of the realm; but the committee are of opinion that the charge of coining the silver coins, as well as a small allowance for seignorage, ought to be deducted; and that his Majesty should te authorized to direct the Master of his Mint to retain four shillings

out

out of each pound weight troy of silver coin hereafter to be coined, for the charge of brassage and seignorage; and that the money received for the same should be applied to the public service, in discharge of the interest of the sum expended in the erection of the new Mint, and in defraying the general expenses of the mint establishment. In thus stating the number of pieces to be struck from each pound of silver, and the amount of the sum to be deducted for brassage and seignorage the committee have, to the best of their judgment, endeavoured to fix on such a rate as will on the one hand be sufficie tly high to protect the new coins, by a small increase of their nominal value, from the dinger of being melted down and converted into bullion when the market price of silver rises; while, on the other, it will, they trust, not be found to be so low as to afford any encouragement to the issue of counterfeit coin, if the market price of silver should fall.

Should your Royal Higness think fit to adopt the plan which the committee have thus recommended, they think it would be advisable that a sum of not less than 2,500,000l. in silver coin should actually be coined, before any issue of new coin takes place; viz. 2,000,000l. for the use of Great Britain, and 500,000l. for the use of Ireland.

weight of such coins, arising out of the acts of 18 Charles II. ch. 5; 7 and 8 William III. ch. 1, sec. 1 and 2; 14 George III. ch. 42, sec. 1; 38 George III. ch 59, sec. 2, should be repealed; and with this view, the committee take leave to recommend, that in the bill to be proposed to parliament provision should be made for the removal of those prohibitions. When that shall have been effected, the committee will proceed humbly to recommend to your Royal Highness the regulations which they conceive will be necessary with respect to the time and mode of calling in the silver coins now in currency; as well as with respect to the allowance (if any) to be made hereafter for reasonable wear, in each denomination of the proposed new coins. The committee think it right, however, now to state as their opinion, with respect to the silver coins at present in circulation, that it should be proposed to parliament to authorize his Majesty, whenever he shall see fit to call in such silver coins, to direct that all such pieces as shall be judged by the officers of the Mint to have been actually coined in his Majesty's Mint, should be received by tale, and that the holders of the same should receive in return an equal value by tale of the new silver coins.

on Tithes.

It will, however, be necessary, Report from the Select Committee before any further progress can be made in the execution of a new silver coinage on the above principles, that the legal prohibitions against coining any silver coins of the realm, or altering the

1. Resolved, That it is the opinion of this committee, that it is expedient to enable ecclesiastical proprietors of tithes to grant

leases

leases thereof, so as to bind their successors under due regulations. 2. That it is the opinion of this committee, that the term of such leases should not exceed 14 years.

3. That it is the opinion of this committee, that such leases should only be granted with the previous consent of the patron and the bishop of the diocese.

4. That it is the opinion of this committee, that the consent of the bishop should not be given until he has been furnished with a certificate upon oath, by a competent surveyor, to be named by such bishop, and to be paid by the contracting parties, that the tithe rent, or composition proposed, is a fair and just equivalent for the tithes so to be leased during the term to be granted.

5. That it is the opinion of this committee, that such leases should only be granted to the proprietors of the land.

6. That it is the opinion of this committee, that in any new law to be enacted for this purpose, it would be expedient to define who should be considered the proprietors of the land, for the purpose of taking such leases.

7. That it is the opinion of this committee, that the leases to such proprietors of lands should be appurtenant to, and run with the land in the nature of a real covenant; and that the occupier of under leases now existing shall have the option and the right, on a notice within a year after the date of the lease of the tithes, of retaining the tithes during the continuance of his lease in the land, on payment to the

lessee of the tithe rent, or a just proportion thereof.

8. That it is the opinion of this committee, that in case of a voidance of the living, by death or otherwise, a proportion of the rent should be paid to the incumbent, or his representative, up to the time of such a voidance.

9. That it is the opinion of this committee, that the said titherent or composition should be recoverable by distress, as if the same were a rent-charge upon the lands; and that the lessee of the tithes shall have a remedy by distress for the tithe-rent against the occupier agreeing to retain the tithe.

10. That it is the opinion of this committee, that the titheproprietor should have the option of voiding the lease, in case the tithe-rent be in arrear for three calendar months, after notice in writing demanding the same from the lessee, and the rent not paid, nor sufficient distress found upon the premises.

11. That it is the opinion of this committee, that the titheproprietor should not be restricted from recovering the tithe-rent or composition by due course of law, in the same manner as he may now recover the value of or composition for tithes, where subtracted.

12. That it is the opinion of this committee, that a general form of a lease or grant should be framed; and that no stamp duty should be payable on such lease or grant, unless the titherent or composition exceed pounds a year.

13. That it is the opinion of

this

this committee, that the lay-owners of impropriate tithes, being tenants for life and for years, determinable on a life or lives, or tenants in tail, or tenants in fee, subject to be determined by executory devise or shifting use, have the like power of leasing such tithes for any term not exceeding 14 years.

14. That it is the opinion of this committee, that a like power be given to all corporate bodies, whether lay or spiritual, being owners of impropriate tithes.

15. That it is the opinion of this committee, that no lease shall be valid to bind the successor, reversioner, or remainder-man, where any other consideration is given than the annual tithe-rent or composition declared in such lease.

16. That it is the opinion of this committee, that the power of leasing tithes, as it at present by law exists, should not be taken away or diminished.

June 18, 1816.

to their professed object; their policy and justice; and their effects upon the habits and morals of the lower orders of the community. In considering the existing state of the law upon this subject, their attention was naturally directed, in the first place, to its state in the early periods of the common law; and in that your committee finds concurrent and undisturbed authorities for contemplating game as the exclusive right of the proprietor of the land ratione soli. In a law of Canute's (vide 4th Institutes, p. 230,) your committee find that be thus expresses himself: Præ terea autem concedo ut in propriis ipsius prædiis quisque tam in agris quam in sylvis excitet agitetque feras; and in Blackstone II. p. 415, Sit quilibet homo dignus venatione sua in sylva et in agris situ propiis et in dominio suo. In the preamble of the statutes 11th Hen. VII. c. 17, a parliamentary recognition of the common law is most distinctly made, and in unequivocal language. It states, that persons of little substance destroy

Report from the Committee on the pheasants and partridges upon

Game Laws.

The Committee appointed to take into consideration the Laws relating to Game, and to report their observations and opinion thereupon from time to time to the House, have considered the matters to them referred, and agreed upon the following Report:

Your committee, in investigating this important subject, proceeded to the consideration of the present existing laws for the preservation of game; their adequacy

the lordships, manors, lands, and tenements of divers owners and possessioners of the same, without license, consent, or agreement of the same possessioners, by which the same lose not only their pleasure and disport, that they, their friends, and servants should have about hawking, hunting, and taking of the same, but also they lose the profit and avail that should grow to their household, &c.

In the 4th Institutes, p. 304, it is laid down, that seeing the wild beasts do belong to the pur

fieu-men ratione soli, so long as they remain in his grounds he may kill them, for the property ratione soli is in him. In 11 Coke's Reports, p. 876, it is laid down, that for hawking, hunting, &c. there needeth not any licence but every one may, in his own land, use them at his pleasure, without any restraint to be made, if not by parliament, as appears by the statutes 11 Hen. VII. c. 17, 23 Eliz. c. 10, and 3 James I. c. 13.

In Sutton and Moody's 5 Modern Reports, p. 375, Holt, C. Justice, says, the conies are as much his, in his ground, as if they were in a warren, and the property is ratione soli. So in the Year-book, 12 Hen. VIII. pl. 10, if a man start a hare in his own ground, he has a property in it ratione soli.

In limitation, and to a certain degree in derogation of the common law, a variety of statutes has subjected to penalties persons who, not having certain qualifications, shall even upon their own lands kill any of those wild animals which come under the denomination of game.

By the 13 Richard II. stat. 1, c. 13, laymen not having 40s. per annum, and priests not having 101. per annum, are prohibited from taking or destroying conies, hares, &c. under pain of a year's imprisonment (this statute appears to be the first introduction of a qualification to kill game.) By the 32 Henry VIII. c. 8, a penalty upon selling game was first enacted, but this was a tem porary law, which was suffered to expire, and the sale of game was not again restrained till the 1st James I. c. 27. By the 3d

James I. c. 13, the qualification to kill game was increased to 401. in land, and 2001. in personal property.

By the 22d and 23d C. II. cap. 25. lords of manors, not under the degree of esquire, may by writing under their hands and seals appoint gamekeepers within their respective manors, who may kill conies, hares, &c. and other game, and by the warrant of a justice may search houses of persons prohibited to kill game.

It appears to your committee, that the statute 22 and 23 C. II.is the first instance, either in our statutes, reports, or law treatises, in which lords of manors are distinguished from other landowners, in regard to game.

The same statute, section 3, confines the qualification to kill game to persons having lands of inheritance of 1001. per annum, or leases of 1501. (to which are added other descriptions of personal qualifications;) and persons not having such qualifications are declared to be persons not allowed to have or keep game-dogs, &c.

The 22 and 23 C. II. c. 25, was followed by 4 and 5 W. and M. c. 23, and the 28 Geo. II. c. 12, which enacted penalties against unqualified, and, finally, against qualified persons, who shall buy, sell, or offer to sell, any hare, pheasant, partridge, &c. Similar penalties are therein enacted against unqualified persons having game in their possession.

Such appears to your committee to be the state of the laws respecting game, as they at present stand. The various and numberless statutes which have been enacted upon the subject, and to

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