Vict. c. 176, s. 10. for England until the sum or sums so paid, as aforesaid, 42 & 43 has or have formed a fund of such amount as, in the opinion of the Tithe Commissioners, will, when invested in the Three Pounds per Cent. Consolidated Bank Annuities, produce an annual income equal, as near as may be, to the annual sum payable to such incumbent as aforesaid, and when such fund has been so formed, any such consideration money, or any part thereof not required for the purpose of forming such fund as aforesaid, shall be paid and applied in accordance with the provisions of the Tithe Acts: All moneys paid to the said Ecclesiastical Commissioners in pursuance of this section shall be held by them on behalf of the benefice of such incumbent, with power, with the consent of the incumbent for the time being of such benefice, to invest the same in such manner as they shall think fit, as if the same were a benefaction held by them on behalf of such benefice; and the receipt of the Treasurers of the said Ecclesiastical Commissioners shall be a sufficient discharge for such consideration, and the person paying the same shall not be concerned to see to the application or disposal thereof (n). (m) The general effect of these provisions is given in a note to section 4. The provisions themselves are dealt with in detail in the next and following sections. (n) Until the fund has been formed so as to produce an income equal in amount to the annual maintenance payment by the impropriator, it is conceived that the Ecclesiastical Commissioners will pay the income of any redemption money paid to them towards making up such fund to the incumbent as part of his maintenance payment, and that such maintenance payment will be diminished by a sum equal to the income so paid, as otherwise the impropriator's rights will be considerably prejudiced by his having to pay the same amount to the incumbent as before redemption, while his rent-charge will be diminished by the amount so redeemed. By 9 & 10 Vict. c. 73, it is provided that where, under any agreement or award confirmed by the Commissioners, the amount of the rent-charge agreed or awarded to be paid, instead of the tithes of any parish, shall not exceed the sum of £15, and shall not have been c. 176, s. 10. 42 & 43 apportioned, or the apportionment of such rent-charge shall not have Vict. been confirmed by the Commissioners, it shall be lawful for the owners of the land chargeable therewith, or any of them, with the consent of the person or persons for the time being entitled to the receipt thereof, or, in the case of an infant, feme covert, or lunatic, with the consent of the guardian, husband, or committee of the estate of the person so under disability, to redeem such rent-charge (section 1); and the Commissioners shall give notice of the time within which it shall be lawful for the owners of the land charged therewith, or any of them, to redeem such rent-charge; and on payment of the consideration money for such redemption, the Commissioners shall, by a certificate under their hands and seal, certify that such rent-charge has been redeemed, and that the parish is discharged from such rent-charge and of the tithes in lieu of which such rentcharge was agreed or awarded to be paid, as from such time as the Commissioners shall think reasonable and declare, and such parish shall be thenceforth discharged according to the terms of such certificate (section 2). 9 & 10 Vict. c. 73, s. 5. Separate rent charges, Where any rent-charge has been erroneously apportioned on lands not chargeable therewith, by reason of the lands being outside the parish, the rent-charge so erroneously apportioned may be redeemed on certain conditions, provided, nevertheless, that after such redemption the apportionment on the remainder of the lands within the parish shall be valid (sections 3 and 4). The Commissioners have power, after confirmation of the agreement or award, and before apportionment, where the amount of the rent-charge of any parish shall not exceed the sum of £15, to direct that such rent-charge shall be redeemed in manner therein mentioned, and the consent of the landowner or tithe-owner is not necessary (23 & 24 Vict. c. 93, s. 31). By 9 & 10 Vict. c. 73 : [S. V. And be it enacted, That in every case in which under any confirmed instrument of apportionment or any altered apportionment under the powers of the said Acts,1 the whole amount of the rent-charge, or separate portion of rent-charge with which the lands amount, of any owner shall be charged in respect either of all redeemed tithes, or of any kind of tithes, payable to separate tithe not exceeding 208. in may be 1 6 & 7 Will. IV. c. 71; 1 Vict. c. 69; 2 & 3 Vict. c. 62; 3 Vict. c. 15; 5 & 6 Vict. c. 54. Vict. c. 75, 8. 5. ment. owners, shall be a sum not exceeding twenty shillings, it 9 & 10 shall be lawful for such owner at his option, and with the consent of the person or persons for the time being entitled to the receipt thereof, or, in the case of an infant, feme after apcovert, or lunatic, with the consent of the guardian, hus- portionband, or committee of the estate of the person so under disability, at any time to redeem such rent-charge, or separate portion of rent-charge on payment, according to the provisions of this Act, of such a sum of money as shall be not less than twenty-four times the amount of the rentcharge or portion of rent-charge;1 and after payment of such consideration money, according to the provisions of this Act, the Commissioners shall certify that such rentcharge or portion of rent-charge has been redeemed, and the same, from and after the payment of the half-yearly portion of such rent-charge or portion of rent-charge which shall next accrue due subsequently to the time of the payment of such consideration money, shall cease and be extinguished provided always, that no such redemption as last aforesaid shall extinguish or affect any extraordinary rent-charge which would become payable in respect of such land upon any change of the cultivation thereof.] By 41 & 42 Vict. c. 42 :— Vict. tithe not [S. III. Whenever land has been charged with any 41 & 42 rent-charge not exceeding twenty shillings, the Com- c. 42, s. 3. missioners may, if they see fit, upon the application of Redempthe owner of such land or of the person entitled to tion of the rent-charge thereon, by an order under their hands. exceeding and seal, direct that such rent-charge shall be redeemed 208. 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.1] 142 & 43 Vict. c. 176, s. 11, post, p. 63. 41 & 42 Vict. c. 42, s. 3. 41 & 42 Vict. c. 42, s. 1. [By 23 & 24 Vict. c. 93, s. 32, whenever land charged with rentcharge under any instrument of apportionment or altered apportionment shall be divided for building or other purposes into numerous plots, the Commissioners may, if they see fit, upon the application of any one owner of the lands and without the consent of any other owner or of the tithe-owner, direct that such rent-charge shall be redeemed, and a like redemption can be directed on the application of the landowner or the tithe-owner (41 & 42 Vict. c. 42, s. 5).] By 41 & 42 Vict. c. 42: [S. I. In all cases where land charged with rentRedemp- charge in lieu of tithes is taken for any of the following tion of tithe on land required for purposes: that is to say,— The building of any church, chapel, or other place of public worship; public purposes. The making of any cemetery or other place of burial; The erection of any school under the Elementary Educa tion Act; The erection of any town hall, court of assize, gaol, lunatic asylum, hospital, or any other building used for public purposes, or in the carrying out of any improvements under the Artizans' Dwellings Act, 1875; The formation of any sewage farm under the provisions of the Sanitary Acts, or the construction of any sewers or sewage works, or any gas or water works; 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 abovementioned 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 amount thereof;1 1 See 42 & 43 Vict. c. 176, s. 11, post, p. 63. Vict. and the redemption money, with the expenses incident 41 & 42 to the redemption, shall be paid to the said Commis- c. 42, s. 1. sioners 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.] 41 & 42 Vict. [S. II. The application to the said Commissioners in respect of any such land may be signed by the secretary of c. 42, s. 2. any company which shall have taken the land, or in the Applicacase of a corporation, school, or other board, by the clerk tion for redempof the said board or corporation, and in every other case by tion. such person or persons as the Commissioners may require.] Vict. [S. IV. Whenever any land has been charged with a rent- 41 & 42 charge exceeding twenty shillings, the Commissioners may, c. 42, s. 4. if they see fit, upon the joint application of the owner of Redempthe land and the person entitled to the rent-charge, order tion of such rent-charge to be redeemed for a sum not being less tithe exceeding than twenty-five times the amount thereof,1 provided that 208. 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.] By 9 & 10 Vict. c. 73:— 9 & 10 Vict. [S. VI. And be it enacted, That in every case in which a rent-charge is redeemable under the provisions c. 73, s. 6. of this Act, the Commissioners shall, upon the request Commisof the owners of land chargeable with such rent-charge, sioners to or any of them, certify under the hands and seal of certify the the Commissioners the sum of money in consideration of the conwhich such rent-charge may be redeemed; and when it shall appear to the Commissioners that payment or tender redemp 1 42 & 43 Vict. c. 176, s. 11, post, p. 63. 2 The other Tithe Acts are incor porated. See 23 & 24 Vict. c. 93, amount of sideration money for tion. |