after such notice they shall ascertain the clear average value of the 42 & 43 Vict. uncommuted tithes of such parish according to the average of the c. 176, s. 4. actual sums received as such tithes, during a period of seven consecutive years, to be selected at their discretion, from the twenty-one years preceding October 1, 1878. A draft of the award is to be framed by the Commissioners, and deposited for inspection, and after giving due notice to the parties interested for the purpose of hearing objections, the Commissioners are to confirm such award.2 The amount of the rent-charge in lieu of tithes having been thus determined, either by voluntary agreement or compulsory award, the landowners (in the case of a voluntary commutation either before or after the confirmation of the agreement, and in the case of a compulsory award after the confirmation thereof) are to appoint valuers,3 who, after the confirmation of the agreement, are to proceed to apportion the rent-charge as determined, either according to principles agreed upon at the meeting at which they were chosen, or, if no principles have been agreed upon, according to their judgment and discretion, taking into consideration the average of the actual sums paid by way of tithes in respect of the lands, during any period of seven years, to be selected out of the twenty-one years immediately preceding the 1st October, 1878 (provided that in making such apportionment of the sum awarded, the period of seven years selected for apportionment shall be the same period of seven years as was selected for making the award), but so that the several lands shall have the benefit of every modus and composition, real, prescriptive, and customary payment, and of every exemption from, or nonliability to, tithes relating to such lands respectively.5 The Principal Act also provides for the redemption of these rentcharges, as well as any other rent-charge, or fixed sum payable in lieu of tithes under any local or other Act, and incorporates with its provisions other Acts of Parliament, under the provisions of which redemption can be effected in the following instances: 1st. Where the rent-charge imposed on a whole parish does not exceed £15, and has not been apportioned, any landowner may redeem on certain terms, with the consent of the tithe-owner, or the Tithe Commissioners may redeem without any consent." 2nd. After apportionment, when any land has been charged with a separate rent-charge not exceeding 20s., the landowner may redeem on certain terms with 1 6 & 7 Will. IV. c. 71, s. 50. 5 42 & 43 Vict. c. 176, s. 9. Vict. c. 176. s. 4. 42 & 43 the consent of the tithe-owner,' or the Tithe Commissioners, upon the application of the landowner, may redeem without any consent. 2 3rd. When any land has been charged with a rent-charge exceeding 20s., the Commissioners, on the joint application of the landowner and tithe-owner, may redeem on certain terms, and with the consent of the bishop of the diocese and the patron of the benefice, whenever the tithe-owner is entitled in right of any benefice or cure.33 4th. The Commissioners also are empowered to direct redemption on the request of the landowner or tithe-owner, where lands have been divided into lots for building or other purposes.* Where the rentcharge is payable to any spiritual person in right of any benefice or cure, by section 11 of the Principal Act, the consent of such spiritual person must in every case be obtained. 6 & 7 Will. IV. c. 71, s. 17. may be called, at which owners of in value ers, which By the Tithe Commutation Act, 1836 : [S. XVII. And be it enacted, That any one or more of the Parochial landowners or tithe-owners (h), whose interest respectively meetings shall not be less than one fourth part of the whole value of the lands subject to tithes, or one fourth part of the whole value of the tithes of any parish in England or Wales, may two thirds call a parochial meeting of landowners and tithe-owners may agree within the limits of the parish, by notice thereof in on the sum writing (i), under his or their hand, to be affixed at least to be paid to the twenty-one days before such meeting on the principal tithe-own- outer door of the church, or in some public and conspicuous agreement place within the limits of the parish, and to be twice at least during such twenty-one days inserted in some newspaper generally circulated within the county in which such parish is situate, for the purpose of making an agreement for the general commutation of tithes within the limits of such parish; and every landowner and tithe-owner attending such meeting shall bear his own expenses of attendance; and the landowners and tithe-owners who shall be present at any such meeting called as aforesaid, and whose interest in the land and tithes of the parish respectively shall not shall bind the whole parish. 123 & 24 Vict. c. 93, s. 31. 341 & 42 Vict. c. 42, s. 4. IV. c. 71, s. 17. be less than two thirds of the lands subject to tithes, two 6 & 7 Will. thirds of the great tithes and two thirds of the small tithes. of the parish (k), may proceed to make and execute a parochial agreement for the payment of an annual sum by way of rent-charge, variable as hereinafter provided, instead of the great and small tithes of the parish collectively, or instead of the great tithes and small tithes severally, to the respective owners thereof in the said parish; and every agreement so made and executed, and confirmed in manner hereinafter mentioned, shall be binding on all persons interested in the tithes or lands subject to tithes of the said parish.] (h) As to who are owners, see ante, section 12 of the Tithe Commutation Act, 1836, and note thereto. (i) The forms of such notices are settled by the Commissioners. (4) Tithes are great or small according to the nature of the things which yield the tithe. This difference cannot exist in the City of London, therefore two thirds of the tithes generally will be the proper qualification. By the Tithe Commutation Act, 1836 : 6 & 7 Will. IV. c. 71, s. 18. agree ments may at the [S. XVIII. And be it enacted, That the majority of such landowners and tithe-owners present at every such meeting Provishall elect a chairman, who shall forthwith proceed to ascer- sional tain the interest of the landowners and tithe-owners then present in person or by their agents; and in case it shall be made thereupon appear that the persons present at such meeting parochial have not a sufficient interest in the premises as aforesaid meetings. to make and execute such an agreement which shall be binding on all persons interested therein, it shall be lawful notwithstanding for any number of the persons then present to make and execute a provisional agreement for the commutation of tithes of the like form and tenor; and every such provisional agreement which shall be executed within. six calendar months from the day of the first making thereof by the landowners and tithe-owners whose interest in the 6 & 7 Will. land and tithes of the parish shall not be less than two thirds IV. c. 17, s. 18. 6 & 7 Will. IV. c. 71, s. 19. of the lands subject to tithes, two thirds of the great tithes and two-thirds of the small tithes of the parish respectively, shall be as binding as if executed by all the parties thereto at the meeting at which the agreement was first made.] [S. XIX. Provided always, and be it enacted, That the proportional interest of the owners of such lands or tithes, so far as relates to their power to make any such interest in agreement or provisional agreement, or to give any notice lands and to the Commissioners or Assistant-Commissioners as herein Proportional tithes, how after provided, shall be estimated according to the propor to be esti mated for tional sum at which such lands or tithes shall be rated to the purthe relief of the poor, or, if there shall be no such rate, rateable to the relief of the poor.] poses of this Act. 42 & 43 Vict. ment for purposes of 5. The proportional interest of the owners of lands or c. 176, s. 5. tithes shall be estimated, for the purpose of agreements, Amend- provisional agreements, or notices under the Tithe Acts and this Act, in manner prescribed by s. 19 of the Tithe this Act of Commutation Act, 1836, but lands subject to the payment of poor rates, but exempt from tithes, shall be excluded, and lands subject to tithes, but not rateable to the relief tation Act, of the poor, shall, according to their net annual value, be 1836, as to included (1). Section 19 of the Tithe Commu estimating interest of land owners in case of agreements, &c. (1) By the joint provisions of section 19 of the Tithe Commutation Act, 1836, and section 5 of the Principal Act, the proportional interest of landowners and tithe-owners is to be estimated according to the amount of the poor rate on such lands or tithes ; and where there is no poor rate, according to the net annual value of such lands and tithes respectively. [By section 20 of the Tithe Commutation Act, 1836, meetings can be adjourned from time to time by the chairman, if a majority of those attending desire it, and due notice of such adjournments must be given.] By the Tithe Commutation Act, 1836 :— 6 & 7 Will. IV. c. 71, 8. 21. agree [S. XXI. (omitting the part excepted by the Principal Act). And be it enacted, That every such agreement shall Form of bear date on the day on which the first signature is attached parochial thereto, and every such agreement or some schedule there- ment. unto annexed shall set forth all the lands of the said parish which are subject to the payment of any kind of tithes (m), and shall also set forth whether any modus or composition real, or prescriptive or customary payment, shall be payable instead of all or any of the tithes of the said parish, and which lands or tithes respectively are covered thereby, and shall also set forth which of the said tithes, moduses, compositions, or payments are payable to the tithe-owner, or if there is more than one tithe-owner to each of the several tithe-owners in the said parish, distinguishing in what right every such tithe-owner is entitled to such tithes, and shall also set forth whether any and which of the lands of the said parish are or have been under any and what circumstances exempt from the payment of any and what tithes; and such agreement shall also state in words at length the amount of the sum or sums agreed to be paid (subject to variation as hereinafter provided) instead of the tithes of the lands comprised in the said agreement, and instead of all moduses and compositions real, prescriptive and customary payments (if any), payable in respect of such lands, or the produce of such lands or any of them, distinguishing, if there is more than one titheowner, the sum payable to every such tithe-owner, and where the tithes of different lands in the same parish are payable to different tithe-owners, or to the same titheowner in different rights, distinguishing the sum payable in respect of such different lands; and every such agreement shall also state all such other particulars as the Commissioners shall by any order from time to time require to be inserted in such agreements (n).] |