C. s. 67. 6 & 7 Will. tionment, may, within one calendar month after the confirmation IV. c. 71, thereof, signify, by writing, to his landlord his dissent from being bound to pay any rent-charge apportioned; in which case, the landlord during the tenancy is entitled to stand in the tithe-owner's place, and enforce payment of tithes as if the commutations had not taken place; every tenant or occupier who gives such notice to his landlord, or who holds his lands under a lease or agreement providing that the same shall be held by him free of tithes, or who shall hold under any lease or agreement made subsequently to such commutation, may, if he pays the rent-charge, deduct the amount thereof from his rent. (k) By 3 Vict. c. 15, s. 1, in order to avoid the difficulties occasioned by the delay necessary for the apportionment of the rent-charge, it is provided that, after the confirmation of the agreement or award, and before the confirmation of the apportionment, upon the application in writing of any landowner or occupier, and upon sufficient security being given for the payment of the rent-charge, the Commissioners, by declaration under their hands and seal, may declare that the lands of the parish shall be discharged from the payment or render of tithes, or any composition in lieu thereof, and instead the rent-charge fixed by the agreement or award shall be paid on the day to be fixed by the Commissioners, and the person paying the rentcharge so fixed may, after the confirmation of the apportionment, recover the amount certified by the Commissioners to have been paid by him in respect of the security, against the lands of the parish subject to such rent-charge (section 8). By section 4, any landowner desiring to pay the proportion to which his lands may be liable, in exoneration of the security, may apply to the valuers appointed to apportion the rent-charge, and obtain from them the probable amount of such proportion, and any tenant liable to pay tithes in respect of such lands shall pay the amount of such proportion to the landowner, subject to an account after the confirmation of the apportionment between the landlord and tenant; and by section 6, any tenant in possession, who is entitled to deduct the rent-charge from his rent, may, in like manner, obtain from the Commissioners the probable amount of the rent-charge payable in respect of the lands in his occupation, and give notice to his landlord to pay the same, and in case the landlord neglect to do so, the tenant may pay it, and deduct the amount so paid from his rent. By section 67 of the Tithe Commutation Act, 1836, the lands of the parish are discharged from tithes on the 1st of January after the confirmation of the apportionment. By 1 Vict. c. 69, s. 11, the parties by a parochial agreement, or by any supplemental agreement, made s. 67. and confirmed in like manner, may agree that the lands shall be 6 & 7 Will. IV. c. 71, discharged from tithes from the first day of January next preceding, or the first day of April, or first day of July, or first day of October, preceding or following the confirmation of the apportionment; provided that the first payment of rent-charge shall be made and recoverable on the expiration of six calendar months from the time from which such lands are discharged from tithes. By 2 & 3 Vict. c. 62, s. 10, the Commissioners, by their award, or the landowners, and tithe-owners, at any time after such award and before the confirmation of the apportionment, by supplemental agreement, are empowered to fix the period for the commencement of the rent-charge. By 3 Vict. c. 15, s. 1, the Commissioners at any time after confirmation of the agreement, or award, and before confirmation of the apportionment, upon the application of the landowner, or occupier, upon sufficient security being given for payment thereof to the parties entitled, may declare that the lands shall be discharged from tithes upon certain conditions. 1 By 5 & 6 Vict. c. 54, s. 3, where no time has been fixed by any award, or agreement for the commencement of the rent-charge, the landowners, and tithe-owners, having a sufficient interest therein respectively, notwithstanding that the apportionment has been confirmed, can make a supplemental agreement for fixing the period for commencement of the rent-charge, provided that the agreement be confirmed by the Commissioners, and copies deposited, in the same manner as instruments of apportionment. With the first payment of the rent-charge shall also be paid any sum agreed or awarded to be paid in consideration of the time (if any) which may intervene between the termination of any previous composition for tithes, and the commencement of the payment of the rent-charge. (1 Vict. c. 69, s. 10; 2 & 3 Vict. c. 69, s. 10; 3 Vict. c. 15, ss. 11, 12.) There are two ways of recovering rent-charge: firstly, under section 81 of the Tithe Commutation Act, 1836, where the rentcharge shall be in arrear for twenty-one days, after due notice, two years' arrears can be recovered by distress; and this notice can be served as directed by 5 & 6 Vict. c. 51, s. 17. Secondly, by section 82 of the same Act, where the rent-charge shall be in arrear for forty days, and there shall be no sufficient distress, two years' arrears of rent-charge can be recovered by taking possession of the premises, and by 5 & 6 Vict. c. 54, s. 12, the owner of the rent-charge having so taken possession is empowered to let the land for any period, not 1 6 & 7 Will. IV. c. 71, ss. 17, 19. IV. c. 71, 6 & 7 Will. exceeding one year in possession. Section 84 of the Tithe Commutation Act, 1836, contains certain provisions for the recovery of rentcharges from Quakers. s. 67. 6 & 7 Will. IV. c. 71, s. 71. Rentcharge to be subject to the same incum brances dents as tithe [By the Tithe Commutation Act, 1836, ss. 69 and 70, the rent-charge is liable to all the rates, charges, and assessments to which the tithes were liable before commutation. All such rates and charges may be assessed upon the occupier of the lands out of which such rent-charge issues, and if they are not paid by the owner of the rent-charge may be recovered from such occupier in the same manner as any poor-rate assessed on him. By 1 Vict. c. 69, s. 8, the rates and charges to which the rentcharge may be liable may be assessed upon the owner of the rentcharge, or if he make default may be recovered from the occupier of the lands, as a poor-rate payable half-yearly at twenty-one days' notice; but no occupier shall be liable to pay at any one time, in respect of such rates and charges, any greater sum than the amount of the rent-charge for the current half-year. The owner of every such rent-charge is entitled to inspect and take copies of every assessment containing such rate or charge, and to exercise the same powers and remedies in respect thereof as an occupier in respect of poor-rate. (See 2 & 3 Vict. c. €2, ss. 3, 4.)] By the Tithe Commutation Act, 1836 :— [S. LXXI. And be it enacted, That any person having any interest in or claim to any tithes, or to any charge or incumbrance upon any tithes, before the passing of this Act, shall have the same right to or claim upon the rent-charge for which the same shall be commuted as he had to or upon the tithes, and and inci- shall be entitled to have the like remedies for recovering the same as if his right or claim to or upon the rent-charge before this had accrued after the commutation; provided that nothing herein contained shall give validity to any mortgage or other incumbrance which before the passing of this Act was invalid or could not be enforced; and every estate for life, or other greater estate, in any such rent-charge, shall be taken to be an estate of freehold; and every estate in any such rent-charge shall be subject to the same liabilities and incidents as the like estate in the tithes commuted for such rent-charge; and where any lands were exempted Act. IV. c. 71, 8. 71. from tithe whilst in the occupation of the owner thereof 6 & 7 Will. by reason of being glebe or of having been heretofore parcel of the possessions of any privileged order (k), the same lands shall be in like manner exempted from the payment of the rent-charge apportioned on them whilst in the occupation of the owner thereof; and where by virtue of any Act or Acts of Parliament heretofore passed any tithes are authorized to be sold, exchanged, appropriated, or applied in any way, the rent-charges for which such tithes may be commuted under the provisions of this Act, or any part thereof, shall or may be saleable or exchangeable, appropriated and applied, to all intents and purposes, in like manner as such tithes, and the same powers of sale, exchange, and appropriation shall in all such cases extend to and may be exercised in respect of the said commutation rent-charges; and the money to arise by the sale of such rent-charges shall or may be invested, appropriated, and applied to the same purposes and in like manner as the money to arise by the sale of any such tithes might have been invested, appropriated, and applied under such particular Act or Acts in case this Act had not been passed; and no such rent-charge shall merge or be extinguished in any estate of which the person for the time being entitled to such rent-charge may be seised or possessed in the lands on which the same shall be charged: provided always, that it shall be lawful Proviso. for any person seised in possession of an estate in fee simple or fee tail of any tithes, or rent-charge in lieu of tithes, by any deed or declaration under his hand and seal, to be made in such form as the said Commissioners shall approve, and to be confirmed under their seal, to release, assign, or otherwise dispose of the same, so that the same may be absolutely merged and extinguished in the freehold and inheritance of the lands on which the same shall have been charged (1).] (k) By 2 & 3 Vict. c. 62, s. 11, a fixed smaller rent-charge can be s. 71. 6 & 7 Will. imposed on such privileged lands in lieu of any contingent rentIV. c. 71, charge thereon. This is extended to cases where there are shifting moduses, or customary or other payments due only on certain contingencies (3 Vict. c. 15, s. 14). (1) By 1 & 2 Vict. c. 64, s. 1, any persons seised, either together or alone, of the fee simple in possession of the tithes or rent-charge, or having a general power of appointment over the same, may exercise these powers of merging the tithes in the land. When the tithes and the lands are settled to the same uses, the tenant for life in possession may merge the tithes in the land (section 2); these powers of merger can also be exercised before apportionment, and by persons having equitable estates in such tithes or rent-charge (9 & 10 Vict. c. 73, ss. 18, 20). The tithes or rent-charge on glebe lands can be merged, where they belong to the same person in or by virtue of his benefice (2 & 3 Vict. c. 62, s. 6). As to merger of tithes in copyhold lands, see 1 & 2 Vict. c. 64, s. 4; 2 & 3 Vict. c. 62, s. 7. The deeds of merger are not chargeable with stamp duty (1 Vict. c. 69, s. 12; 1 & 2 Vict. c. 64, s. 2). In all cases of merger any charges and incumbrances on the tithes, or rent-charge, become charged on the lands and have priority over any existing charge or incumbrance thereon (2 & 3 Vict. c. 62, s. 1): 42 & 43 Vict. c. 176, s. 10. any impro priators REDEMPTION. 10. In any parish where there is an impropriation, and the impropriator is liable at the time of the passing of this Act to pay and allow any annual sum to the incumbent of As to pay such parish as part of the annual maintenance of such ments by incumbent, and the tithes payable to such impropriator shall have been commuted for a rent-charge or rentfor annual charges charged upon the lands in such parish, the improance of the priator shall continue liable to the payment of such annual sum, and in case any such rent-charge or rent-charges, or any part thereof, are redeemed under the provisions of of rent- this Act (m), the consideration money for every such recharge. demption shall be paid to the Ecclesiastical Commissioners mainten incumbents in case of re demption |