THE LONDON (CITY) TITHES ACT, 1879, AND The other Tithe Acts EFFECTING THE COMMUTATION AND REDEMPTION OF TITHES WITH AN INTRODUCTION, NOTES, ETC. BY HENRY BLOMFIELD BURNELL, B.A., LL.B., OF LINCOLN'S INN, ESQ., BARRISTER-AT-LAW. BIBLIOTHECA NOV '80 BODLEIANA LONDON: STEVENS AND SONS, 119, CHANCERY LANE, Law Publishers and Booksellers. 1880. CONTENTS. 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 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- 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 20s., 59-Redemption of Tithe on Land required for Public Purposes, 60- Redemption of Tithe exceeding 20s., 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 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 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 2s. 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 |