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shown in the Appendix No. 3. The rights of the impropriators in some of these parishes and the tithes of some of the remaining twenty-five parishes have been dealt with. from time to time by local Acts, which it may be well here to notice.

The impropriate tithes of the parishes of St. Lawrence Jewry, and St. Bride, and St. Botolph Without, Aldersgate, were dealt with under the Acts of 7 & 8 Will. III. c. 18; 4 Anne, c. 27; and 7 Geo. IV. c. 116, respectively; the first two of these parishes are also affected by the Fire Acts. The Acts of 13 Geo. III. c. 1 and 4 Geo. IV. c. 118, dealt with tithes of the parishes of St. Catherine Cree, and of St. Andrew, Holborn. In all these cases the tithes dealt with were commuted for certain fixed yearly payments, to be assessed and raised on the inhabitants as therein mentioned.

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By an Act of 1 Will. IV. c. 3, for improving the approaches to London Bridge, it was provided that a sum of money should be invested in consols, and the income thereof, amounting to £200 per annum, paid to the rector for the time being of the united parishes of St. Magnus, St. Margaret, New Fish Street, and St. Michael, Crooked Lane, and from and after such investment no tithes or sum of money in lieu of tithes should be payable in the parish of St. Michael, Crooked Lane.2

By the Acts of 6 Geo. IV. c. 176, and 7 Geo. IV. c. 54, dealing with the tithes of the parishes of St. Botolph Without Bishopsgate, and St. Giles, Cripplegate, respectively, it was enacted that the churchwardens should pay to the rectors of the said parishes in lieu of tithes certain fixed sums of money therein mentioned, which were to be deemed the value of the average price of corn in the parishes for the past ten years. These sums were subject to revision every ten years, as such average price of corn varied.

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By the London City Tithes Act, 1864, it was enacted that the tithes, and payments instead of tithes, in the parishes mentioned in the first schedule to the Act, under the Act of 37 Hen. VIII., should cease from the 24th of June, 1864, and that the several incumbents should receive the respective annual fixed tithes in the first schedule specified in lieu of and by way of commutation for all such tithes and payments. These fixed tithes were to be subject to the following provisions:

1. On the first avoidance of the benefice that should happen after the expiration of a period of twenty-eight years from the passing of the Act, the said annual fixed tithes were to be revised.

2. On such revision, the amount of the said annual fixed sums to be paid during the period that would elapse until the second revision under the Act, was to be ascertained as follows; namely, the total amount thereof was, for the purposes of computation, to be deemed to be divided into three equal parts, representing the respective values of wheat, barley, and oats; and those three equal parts respectively were to be increased or decreased, according as the average prices of an imperial bushel of British wheat, barley, and oats respectively, for the then immediately preceding period of twenty-eight years were respectively greater or less than the respective average prices thereinbefore specified, and proportionately to the difference between the average prices at such two periods respectively.

3. On every subsequent avoidance of the benefice, if a period of twenty-eight years or upwards from the date of the then last preceding revision had then elapsed, but not otherwise, the said annual fixed tithes were to be again revised.

4. On every such revision as last aforesaid, the amount

127 & 28 Vict. c. 268.

of the said annual fixed tithes to be paid during the period that would elapse until the then next subsequent revision was to be ascertained as follows; namely, the total amount thereof was, for the purposes of computation, to be deemed to be divided into three equal parts, representing the respective value of wheat, barley, and oats, and those three equal parts respectively were to be increased or decreased according as the average prices of an imperial bushel of British wheat, barley, and oats respectively, for the then immediately preceding period of twenty-eight years, were respectively greater or less than the average prices of such imperial bushels respectively were at the then last preceding revision, and proportionately to the difference between the average prices at such two periods respectively.

5. For the purposes of every such revision as aforesaid, the requisite average prices of an imperial bushel of British wheat, barley, and oats respectively, were to be ascertained by calculation from the advertisements inserted in the London Gazette, in pursuance of section fifty-six of the Act of the session of the sixth and seventh years of King William the Fourth, "for the Commutation of Tithes in England and Wales."

This Act also declared that it should be lawful for the parishioners of any of the parishes mentioned in the Second Schedule to the Act to enter into agreements with the incumbents for the commutation of the tithes, with the approval of the Bishop of London and the patrons of the benefice, and that on such agreements being published in the London Gazette they should become binding, and the provisions of the Act should apply as if the parishes affected by such agreements had been comprised in the First Schedule. The parishes comprised in the First Schedule, and the annual sums payable, are as follows:I.-Saint Andrew, Undershaft, £1550. II.-Saint Katherine, Coleman, £1550. III. Saint Olave, Hart Street, £2600.

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IV.-Allhallows, London Wall, £1700.
V.-Allhallows, Barking, £2000.

VI. Saint Ethelburga, £950.

The Second Schedule contains the parishes of—

Saint Alphage, London Wall; Saint Martin Outwich, Threadneedle Street; and Saint Peter-le-Poer, Broad Street; and these three parishes have all been brought within the provisions of the Act. The agreements affecting them were published in the London Gazette, as to St. Alphage, on 31st August, 1869; as to St. Martin Outwich, on 24th February, 1871; and as to St. Peter-lePoer, on 27th September, 1864.

Section 18 contains similar provisions for bringing the parish of Allhallows Staining under the operation of the Act; and the agreement effecting this was published in the London Gazette, on 21st March, 1865.

By the Act 38 & 39 Vict. c. 74, the provisions of City Tithes Act, 1864,1 were extended to the parish of St. Gregory by St. Paul, and the agreement commuting the tithes in this parish was published in the London Gazette, on 19th March, 1878.

By the Act 42 & 43 Vict. c. 93, arising out of the case of St. Bartholomew's Hospital v. Phillips, the plaintiffs in which case were the lay impropriators of the tithes in the parish of Christ Church, Newgate Street, it was enacted that on and after the 29th September, 1878, all tithes and sums of money in lieu of tithes, in the parish of Christ Church, should cease, and that the Hospital from that day should receive in lieu thereof the annual sum of £1800, by a rate on the inhabitants according to the poor-rate assessment, or the net annual value of the houses. The property of Christ's Hospital as therein defined was treated as not being within the parish, and was made liable to the payment to St. Bartholomew's Hospital of £100 per annum for ever, subject to redemption at the price of £2500.2 The Act did not touch the rights of the vicar under the Fire Acts.3 2 Sec. 14, 15. 3 Sec. 17.

1 27 & 28 Vict. c. 268.

THE

LONDON (CITY) TITHES

1879.

ACT,

An Act for the Commutation of Tithes in the City of
London; and for other purposes.

[21st July, 1879.]

Vict.

WHEREAS an Act was passed in the thirty-seventh year 42 & 43 of the reign of King Henry the Eighth, chapter twelve, with respect to the payment of tithes in London:1

And whereas an Act was passed in the session of Parliament held in the twenty-second and twenty-third years of the reign of King Charles the Second, chapter fifteen, for the better settlement of the maintenance of the parsons, vicars, and curates in the parishes of the City of London burnt by the great fire of London in the year one thousand six hundred and sixty-six :

And whereas an Act was passed in the forty-fourth year of the reign of King George the Third, chapter eighty-nine, for the relief of certain incumbents of livings in the City of London:

And whereas, notwithstanding the said Acts, disputes have from time to time arisen with respect to the payments to be made in respect of tithes within the City of London : And whereas several local and personal Acts have from time to time been passed, under the provisions of which certain of such disputes have been settled and a

1 Appendix II.

c. 176.

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