41 & 42 Vict. C. 42. 6 & 7 Will, IV. c. 71. 7 Will IV. 1 & 2 Vict. 2 & 3 Vict. c. 62. 3 & 4 Vict. c. 15. 5 & 6 Vict. c. 54. 41 & 42 VICT. c. 42. An Act to amend and further extend the Acts for the Commutation of Tithes in England and Wales. [8th August, 1878.] Whereas an Act was passed in the session of Parliament held in the sixth and seventh years of the reign of his late Majesty King William the Fourth, intituled "An Act for the Commutation of Tithes in England and Wales," and the said Act has been amended, and the provisions thereof have been extended, by Acts passed in the sessions of Parliament held respectively in the first year, the first and second years, the second and third years, the third year, the fifth and sixth years, the ninth and tenth years, and the twenty-third and twenty-fourth years of the reign of Her present Majesty: And whereas it is expedient that the said Acts should be amended, and that the provisions thereof should be further extended in manner herein9 & 10 Vict. after mentioned: c. 73. 23 & 24 Vict. c. 93. Redemption of tithe on land required for public purposes. 33 & 34 Vict. c. 75. 38 & 39 Vict. c. 36. Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: I. In all cases where land charged with rent-charge in lieu of tithes is taken for any of the following purposes; that is to say, The building of any church, chapel, or other place of public worship; The erection of any school under the Elementary Education Act ; The formation of any sewage farm under the provisions of the Sanitary Or the enlarging and improving of the premises or buildings occupied or used for any of the above-mentioned purposes; the person or persons proposing to carry out the above-mentioned works, buildings, or improvements shall, as soon as the said person or persons are in possession of the land, and before the land is applied to any of the purposes aforesaid, apply to the Tithe Commissioners to order the redemption of the rent-charge for a sum of money equal to twenty-five times the c. 42. amount thereof; and the redemption money, with the expenses incident to 41 & 42 Vict. the redemption, shall be paid to the said Commisioners within a time to be fixed by such order, or within any enlarged time the Commissioners may appoint, and the Commissioners shall apply such redemption money in the manner provided by the said Acts. II. The application to the said Commissioners in respect of any such land Application for redempmay be signed by the secretary of any company which shall have taken the tion. land, or in the case of a corporation, school or other board, by the clerk of the said board or corporation, and in every other case by such person or persons as the Commissioners may require. III. Whenever land has been charged with any rent charge not exceeding Redemption twenty-shillings, the Commissioners may, if they see fit, upon the applica- of tithe not exceeding tion of the owner of such land or of the person entitled to the rent-charge twenty shillings. thereon, by an order under their hands and seal, direct that such rentcharge shall be redeemed by the payment by or on behalf of the owner of the said land charged therewith, within such time as the Commissioners by such order shall direct and appoint, of a sum of money equal to twenty-five times the amount of such rent-charge. of tithe IV. Whenever any land has been charged with a rent-charge exceeding Redemption twenty shillings, the Commissioners may, if they see fit, upon the joint exceeding application of the owner of the land and the person entitled to the rent- twenty shillings. charge, order such rent-charge to be redeemed for a sum not being less than twenty-five times the amount thereof, provided that the bishop of the diocese and the patron of the benefice consent to such redemption, whenever the person entitled to the rent-charge is entitled thereto in right of any benefice or cure. of tithe on V. Whenever lands charged with rent-charge under any instrument of Redemption apportionment or altered apportionment shall be divided for building or divided other purposes into numerous lots, and it shall appear to the Commissioners lands. that no further apportionment of the said rent charge can conveniently be made, the Commissioners may, if they shall see fit, upon the application of the owner or of the person for the time being entitled to the receipt of the said rent-charge, and without limitation as to the amount thereof, by an order under their hands and seal, direct that such rent charge shall be redeemed by the payment by the owners of the lands chargeable therewith, within such time as the Commissioners shall by such order direct and appoint, of a sum of money not less than twenty-five times the amount of such rent-charge. VI. All the powers and provisions of the said recited Acts respecting the Application redemption of rent-charge and the assessment and recovery of redemption of existing powers to money and expenses (except as otherwise by this Act is provided) shall be this Act. applicable to all redemptions authorised and effected under this Act. & 42 Vict. c. 42. VII. The provisions of the said Acts with reference to the exchange of glebe lands for other lands shall extend to and be deemed to authorise any spiritual person to exchange for lands, or for tithe rent-charge, any annual payment for payment or augmentation belonging to him in right of his benefice and Exchange of annual lands or tithe rent charged upon or payable out of any lands or tithe rent-charge. charge. APPENDIX II. 37 HEN. VIII. c. 12. An Act for Tithes in London. 37 Hen. VIII. c. 12. II. c. 15. of the 27 Hen. 18 Edw. III. c. 3. "Where of late time contention, strife and variance hath risen and grown within the City of London, and the liberties of the same, between the parsons, vicars and curates of the said city, and the citizens and inhabitants of the 22 & 23 Car. same, for and concerning the payment of tithes, oblations and other duties within the said city and liberties: For appeasing whereof, a certain Order A rehearsal and Decree was made thereof by the most Reverend Father in God, Thomas statute of Archbishop of Canterbury, Metropolitane, Chief Primate of all England, VIII. c. 21, Thomas Audley, Knight, Lord Audley of Walden, and then Lord Chan- concerning the payment cellor of England, now deceased, and other of the King's Majesty's most of tithes in Honourable Privy Council; and also the King's Letters Patents and Pro- London. clamation was made thereof, and directed to the said citizens concerning stat. 3, c. 7. the same; whereupon it was after enacted in the Parliament holden at 45 Edw. III. Westminster by prorogation the fourth day of February in the twenty- 5 Hen. IV. seventh year of the King's Majesty's most noble reign, by authority of the c. 11. same Parliament, that the citizens and the inhabitants of the same city should, at Easter then next coming, pay unto the curates of the said city and suburbs, all such and like sums of money for tithes, oblations and other duties, as the said citizens and inhabitants by the Order of the said late Lord Chancellor, and other of the King's most Honourable Council, and the King's said Proclamation, paid or ought to have paid by force and virtue of the said Order at Easter, which was in the year of our Lord God, 1535; (2) and the same payments so to continue from time to time, until such time as any other order of law should be made, published, ratified and confirmed by the King's Highness, and the two and thirty persons by his Grace to be named, as well for the full establishment concerning the payment of all tithes, oblations, and other duties of the inhabitants within the said city, suburbs and liberties of the same, as for the making of other ecclesiastical laws of this realm of England; (3) and that every person denying to pay, as is aforesaid, should, by the commandment of the Mayor of London for 37 Hen. VIII. c. 12. the time being, be committed to prison, there to remain until such time as he or they should have agreed with the curate or curates for their said tithes, oblations and other duties, as is aforesaid, as in the said Act more plainly appeareth: (4) Sithen which Act divers variances, contentions and strifes are newly risen and grown between the said parsons, vicars and curates, and the said citizens and inhabitants, touching the payments of the tithes, oblations and other duties, by reason of certain words and terms specified in the said Order, which are not so plainly and fully set forth, as is thought Arbitrators convenient and meet to be; for appeasing whereof, as well the said parsons, between the vicars and curates, as the said citizens and inhabitants, have compromitted and put themselves to stand to such order and decree touching the premises, as shall be made by the said Right Reverend Father in God, Thomas Archthe citizens bishop of Canterbury, Metropolitane and Primate of England, the Right and inhabit- Honourable Sir Thomas Wryothesly, Knight, Lord Wryothesly, and Lord same, touch- Chancellor of England, the Right Honourable Thomas Duke of Norfolk, ing the pay- Lord Treasurer of England, the Right Honourable Sir William Paulet, chosen parsons, vicars, and curates of London, and ants of the ment of tithes. Knight, Lord St. John, Lord President of the Council, and Lord great Master of the King's most Honourable Household, the Right Honourable Sir John Russell, Knight, Lord Russell and Lord Privy Seal, the Right Honourable Edward Earl of Hertford, Lord great Chamberlain of England, the Right Honourable John Viscount Lisle, High Admiral of England, Sir Richard Lister, Knight, Chief Justice of England, Sir Edward Mountague, Knight, Chief Justice of the Common Bench at Westminster, and Sir Roger Cholmely, Knight, Chief Baron of the Exchequer, for a final end and conclusion to be had and made touching the premises for ever." (5) And to the intent to have a full peace and perfect end between the said parties, their heirs and successors, touching the said tithes, oblations and other duties for ever, be it enacted by the authority of this present Parliament, That such end, order and direction, as shall be made, decreed, and concluded by the forenamed archbishop, lords and knights, or any six of them, before the first day of March next ensuing, of, for, and concerning the payments of the tithes, oblations and other duties within the said city, and the liberties of the same, and enrolled in the King's High Court of Chancery of Record, shall stand, remain, and be as an Act of Parliament, and shall bind as well all citizens and inhabitants of the said city and liberties for the time being, as the said parsons, vicars, curates, and their successors for ever, accordiug to the effect, purport and intent of the said Order and Decree so to be made The penalty and enrolled; (6) and that every person denying to pay any of his or their tithes, oblations or other duties, contrary to the said Decree so to be made, fuse to pay shall, by the commandment of the Mayor of London for the time being, according to and in his default or negligence, by the Lord Chancellor of England for the tors' decree. time being, be committed to prison, there to remain till such time as he or Vin. V. 8, they have greed with the curate and curates for his or their said tithes, oblations and other duties as is aforesaid. of them which re their tithes the arbitra 586. |