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THE

LONDON (CITY) TITHES ACT, 1879,

AND

The other Tithe Acts

EFFECTING

THE COMMUTATION AND REDEMPTION OF TITHES

IN THE CITY OF LONDON.

WITH AN INTRODUCTION, NOTES, ETC.

BY

HENRY BLOMFIELD BURNELL, B.A., LL.B.,

OF LINCOLN'S INN, ESQ., BARRISTER-AT-LAW.

BIBLIOTHECA

NOV 1.80

PODLEIANG

LONDON:
STEVENS AND SONS, 119, CHANCERY LANE,
Paw Publishers and Booksellers.

1880.

CONTENTS

INTRODUCTION.

Origin of Tithes in the City of London, 1-Decree of 37

Henry VIII. c. 12, 3—Decisions under the Decree, 4-

Statutes of Limitation affecting Tithes in the City of

London, 11—The Fire Acts, 13–Local Acts affecting

Tithes in the City of London, 14.

THE LONDON (CITY) TITHES ACT, 1879, 19.

Preamble, 19—Short Title, 21-Extent of Act, 21- Interpre-

tation Clauses, 21--What parties to be deemed Joint

Owners, 23—When the same person is Titheowner and

also Landowner, 25—In case the Owner or Patron is under

legal disability, who to act, 25.

COMMUTATION.

Extension and application of the Tithe Acts to the uncommuted

Tithes in the City of London, 26—General view of the

Commutation and Redemption of Tithes in the City of

London, 26—Commutation by Parochial Agreement, 28

-Calculation of Landowner's interest in case of Agree-

ments, 30-Form of Parochial Agreement, 31-Commuta-

tion by agreement of Ecclesiastical Tithes, 33—Appoint-

ment of Valuers to apportion Rent-charge, 35—Commu-

tation by Award of Commissioners, 37-Calculation of

value of Tithes in making an Award, 38—Statutes of

Limitation, 38-Award by Commissioners of total sum

to be paid in lieu of Tithes, 39–Objections to Award, 40

-Appointment of Valuers to apportion the awarded sum,

41-Apportionment of the Rent-charge, 41-Form of

Apportionment, 43—Special Apportionment, 44-Objec.

tions to the Apportionment, 45—Gift of Land in lieu of

Rent-charge, 46—Deposit of Copies of Agreement and
Award, 47-Alteration of Apportionment, 49—Com-

mencement of the Rent-charge, 51-Incumbrances on

the Rent-charge, 54.

REDEMPTION, 56.

Where Impropriator is liable to pay Maintenance to the Incum-

bent, 56—Redemption after Apportionment of separate

Rent-charges not exceeding 20s, in amount, 58—Redemp-

tion of Tithe not exceeding 208., 59-Redemption of

Tithe on Land required for Public Purposes, 60—

Redemption of Tithe exceeding 208., 61--Certificates of

Redemption, 62-Consideration for Redemption of Rent-

charge, 63—The Redemption of Tithe-rates, Yearly Pay-

ments and Maintenance Payments, 64–Consideration

for Redemption of Tithe-rates and Maintenance Pay-

ments, 64–Consideration Money for Redemption where

owners are under disability, how payable, 66—Considera-

tion not exceeding £20, 68—Redemption of Payments

to St. Bartholomew's Hospital under Christ Church Act,

70—Costs of Commutation and Redemption, 71-Ex-

penses of Award, 71-Expenses of Apportionment, 72-

Charging Costs on Estates, 73—Costs of Ecclesiastical

Titheowners, 73—As to the Parish of St. Botolph (with-

out), Aldgate, 74–Schedule to the Act, 75.

APPENDIX I.

6 & 7 Will. IV. c. 71, 77-1 Vict. c. 69, 112–1 & 2 Vict. c. 64,

117—2 & 3 Vict. c. 62, 118-3 Vict. c. 15, 133—5 & 6

Vict. c. 54, 147—9 & 10 Vict. c. 73, 155—10 & 11

Vict. c. 104, 165—23 & 24 Vict. c. 93, 167—36 & 37

Vict. c. 42, 180—41 & 42 Vict. c. 42, 182.

APPENDIX II.

Decree of 32 Henry VIII. c. 12

APPENDIX III.

Arrangement of Parishes in the City of London, showing Unions

of Benefices—Local Acts affecting Tithes-Details of

Commuted Payments in lieu of Tithes.

Index.

INTRODUCTION.

In very early times, and certainly prior to A.D. 1228, the ministers and clergy in London were supported, in addition to their glebe land, by certain oblations, obventions, and other casual duties which arose upon marriages, christenings, burials, and other similar events. The clergy had also, apparently, been receiving voluntary gifts from the people, for in the year 1200 A.D. these voluntary gifts were made compulsory, but the amount was not fixed. The lay owner could pay these offerings to whatever church or monastery he chose, so that in the 23rd year of the reign of Ed. I. Robert Winchester, Archbishop of Canterbury, held a council in London, and it was thereby ordered that each person should pay these offerings to his own parish church.

These casual payments were at first personal, but in course of time became regulated by the rental paid by the parishioners for their houses. Thus every one whose rental was of the value of 20s. paid a halfpenny to the minister on every Sunday and every Apostles' day the vigil of which was a fast; this amounted at most to 28. 6d. in the pound, and sometimes it was less, as when one of the Apostles' days fell on a Sunday; and Linwood says that these payments came so near a tenth on the rent actually paid that they were thought to be a tithe. There was a dispute also whether the citizens were liable or not to pay in addition personal tithes on their gains, and it was

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