[1.] On merger of tithes or rent-charge, the charges thereon to be charges on lands.U.K.

In every case where any tithes or rent-charge shall have been or shall hereafter be released, assigned, or otherwise conveyed or disposed of under the provisions of the said Acts, or any of them, or of this Act, for merging or extinguishing the same, the lands in which such merger or extinguishment shall take effect shall be subject to any charge, incumbrance, or liability which lawfully existed on such tithes or rent-charge, previous to such merger to, the extent of the value of such tithes or rent-charge; and any such charge, incumbrance, or liability shall have priority over any charge or incumbrance existing on such lands at the time of such merger taking effect; and such lands, and the owners thereof for the time being, shall be liable to the same remedies for the recovery of any payment and the performance of any duty in respect of such charge, incumbrance, or liability, or of any penalty or damages for nonpayment or non performance thereof respectively, as the said tithes or rent-charge, or the owner thereof for the time being, were or was liable to previous to such merger.

[F12 Power for special apportionment of such charge on lands being of three times the value of the charge.U.K.

Every person entitled to exercise the powers for merger of tithes or rent-charge in land under the said Acts or any of them or of this Act, may, with the consent of the tithe commissioners for the time being under their hands and seal of office, and of the person to whom the lands in which such merger or extinguishment shall take effect shall belong, either by the deed or other instrument or declaration by which such merger shall be effected, or by any separate deed, instrument, or declaration, to be made in such form as the commissioners shall approve, specially apportion the whole or any part of any such charge, incumbrance, or liability affecting the said tithes or rent-charge so merged or extinguished or proposed to be merged or extinguished in such lands, upon the same or any part thereof, or upon any other lands of such person held under the same title and for the same estate in the same parish, or upon the several closes or portions of such lands, or according to an acreable rate or rates upon lands of different quality, in such manner and proportion, and to the exclusion of such of them, as the person intending to merge the same, with such consent as aforesaid, may by any such deed, instrument, or declaration direct: Provided always, that no land shall be so exclusively charged unless the value thereof shall in the opinion of the said commissioners be at least three times the value of the amount of the charge, incumbrance, or liability charged or intended to be charged thereon, over and above all other charges and incumbrances, if any, affecting the same. ]

[F23 Name of each occupier, &c. to be specified by assessor, on notice from owner.U.K.

The assessor or collector of any rate or tax shall, within forty days after the receipt of a notice in writing signed by any land owner or tithe owner interested therein, specify in his assessment made for the purpose of collecting and levying such rate or tax the names of the several occupiers of tithes, lands, and tenements subject to such rate or tax, as well as the sum assessed on the tithes, lands, or tenements held by each such occupier. ]

[F34 Power of special apportionment on tithes or rent-charge.U.K.

Where the whole of the great tithes or the whole of the small tithes, or the respective rent-charges in lieu thereof, shall be lawfully subject to any such charge, incumbrance, or liability, and the person entitled to such tithes or rent-charge respectively shall be desirous of apportioning such charge, incumbrance, or liability respectively exclusively upon any part of such tithes or rent-charge, although such person has not the power or does not intend to merge the same under the said Acts or this Act, such person may, with the like consent of the said commissioners and in such manner as they shall see fit and prescribe, and also with the consent of the bishop of the diocese, specially apportion such charge, incumbrance, or liability respectively upon any part or portion of the tithes or rent-charge respectively subject thereto, not being in the opinion of the said commissioners less than three times the value of the said charge, incumbrance or liability, or of such part thereof as shall be so apportioned thereon, or intended so to be. ]

[F45 Expenses of special apportionment.U.K.

In every such case of special apportionment the costs and expenses of or incident thereto shall be borne by the party at whose instance the same shall have been made, and shall be recoverable as other costs of apportionments are recoverable under the provisions of the said recited Acts or either of them, or of this Act.]

[F56 Tithes and rent-charge of glebe may be merged.U.K.

The provisions of the said Acts and this Act for merger or extinguishment of tithes or rent-charge instead of tithes in the lands out of which such tithes shall have been issuing, or whereon such rent-charge shall be fixed, do and shall extend to glebe or other land, in all cases where the same and the tithes or rent-charge thereof shall belong to the same person in virtue of his benefice, or of any dignity, office, or appointment held by him. ]

7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6U.K.

8—13.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7U.K.

14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8U.K.

15 Recited Acts extended to collegiate bodies, &c., notwithstanding restraining statute.U.K.

All the provisions in the recited Acts or any of them in any way relating to or enabling the pulling down or sale of barns and buildings generally used for housing tithes paid in kind, and the sale of the materials and the site thereof, either with or without any farm buildings or homesteads thereto belonging, and for the conveyance and delivery thereof, and for securing the consideration money for the benefit of the persons thereunto entitled, shall apply to and may be made available by any corporate body or person, whether as trustees or otherwise, by any master and fellows of any college, dean and chapter of any cathedral or collegiate church, master or guardian of any hospital, parson, vicar, or any other having any spiritual or ecclesiastical living, being seised or possessed of any such barns or buildings, or the site thereof, notwithstanding any thing in a certain statute made in the thirteenth year of the reign of Queen Elizabeth, for making void fraudulent deeds made by spiritual persons to defeat their successors of remedy for dilapidations, or in any other statute.

16,17.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9U.K.

[F1018For recovery of expenses of apportionment.U.K.

Payment of the expenses of or incident to making any apportionment, or any other expenses which the said commissioners are authorized and may have ordered or may order to be paid by any owner of lands under and by virtue of the recited Acts, or any of them, or this Act, may be enforced by the same ways and means as payment of rent-charge in arrear may be enforced under the provisions of the said Acts or either of them. ]

19,20.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11U.K.

21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12U.K.

22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13U.K.

[F1423 Expenses of apportionment to be borne in certain cases as commissioners may direct.U.K.

And whereas in and by the said first-recited Act the words “land owner” or “tithe owner,” or “owner of lands” or “owner of tithes,” are defined to mean and include every person who shall be in the actual possession or receipt of the rents or profits of any lands or tithes, except (amongst other exceptions) any tenant for life or lives, or for years, holding under a lease or agreement for a lease on which a rent of not less than two thirds of the clear yearly value of the premises therein shall have been reserved, and that without regard to the real amount of interest of such person; and in every case in which any tithes or lands shall have been leased or agreed to be leased to any person for life or lives, or for years, by any lease or agreement for a lease on which a rent less than two thirds of the clear yearly value of the premises comprised therein shall have been reserved, the person in receipt of such rent shall, jointly with the person liable to the payment thereof, be deemed for the purposes of the said Act to be the owner of such tithes or lands: And whereas certain allowances and expenses to surveyors and tithe valuers necessary for making any award, and all other expenses of or incident to making an award, are by the said recited Acts or some of them directed to be paid by the land owners and tithe owners interested in the said award, in such proportion, time, and manner as the commissioners or assistant commissioners shall direct; and the expenses of or incident to making any apportionment are by the said first-recited Act to be paid by owners of lands in rateable proportions to the sums charged on the said lands in lieu of tithes by such apportionment: And whereas cases have occurred and may occur where by reason of the rent reserved in certain leases or agreements for leases not being less than two thirds of the clear yearly value of the premises thereby demised or agreed to be demised at the date or time of coming into operation of such leases or agreements, but which premises are at the time of putting in force the provisions of the said recited Acts of improved yearly value, so that the rent originally reserved or agreed for is less than two thirds thereof, but by the operation of the said recited words, as defined in the said first-recited Act as aforesaid, such expenses, or a part thereof, would, under the said Acts, be chargeable on the original lessor or original lessee, and not on the intermediate or sub-lessors or lessees whose beneficial interest in the said lands and tithes, or rent-charge in lieu of tithes, is proposed to be or has been dealt with under the said recited Acts, or some or one of them, or this Act: And whereas certain other cases have occurred and may occur in which it is expedient that the commissioners should be empowered to vary and fix the proportion of the expenses of apportionment, including therein the expenses of or incident to the map or plan annexed thereto, and the copies thereof, between the owners of the lands affected thereby, as such owners are defined in the said first-recited Act as aforesaid, and according to such principles as to the said commissioners shall seem just and equitable: Be it therefore declared and enacted, that, notwithstanding any thing in the said Acts or any of them contained, it shall be lawful for the commissioners, in such cases as they may deem it just and equitable, to order and direct that such expenses of or incident to any award, or any part thereof, shall be borne and paid in such proportion and manner, by and amongst the persons interested in the lands, tithes, or rent-charge respectively dealt with in such award, and that such expenses of or incident to any apportionment, or any part thereof, shall be borne and paid by and amongst the persons interested in the lands, in such proportions and manner respectively as the said commissioners shall direct; and such expenses, and every or any part thereof, shall in every such case be recoverable in like manner as expenses, or the share thereof to be borne by any person, are or is recoverable under the provisions of the said first-recited Act or this Act.]

24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15U.K.

[F1625Commissioners may adjourn meeting without attending to adjourn.U.K.

It shall be lawful for the said commissioners to adjourn any meeting by notice in writing under their hands or the hands of any two of them, to be affixed and published in manner provided for notices in the said firstly-recited Act, without any commissioner or assistant commissioner giving attendance for the purpose of making such adjournment.]

26,27.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17U.K.

28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18U.K.

29—33.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19U.K.

[F2034For the settlement of disputes as to boundaries. U.K.

In case there shall be any question between any parishes or townships, or between any two or more land owners, touching the boundaries of such parishes or townships,or the lands of such land owners respectively, or if such parishes or townships or land owners shall be desirous of having such boundaries ascertained or a new boundary line defined, it shall be lawful for the said commissioners, or any assistant commissioner, on the application in writing of a majority of not less than two thirds in number and value of the land owners of such parishes or townships in the case of parochial or township boundaries, or on the like application of such two or more land owners in the case of boundaries between their lands, to deal with any dispute or question concerning such boundaries, and to ascertain, adjust, set out, and define the ancient boundaries between such parishes or townships or the lands of such landowners respectively, or draw and define a new line of boundary, as they may see fit; and in every such case the powers and provisions of the said recited Acts and of this Act, so far as the same may, in the judgment of the said commissioners or assistant commissioner respectively, be applicable, shall extend and may be applied by them or him to such question; and the boundary line so ascertained or newly defined by the said commissioners or assistant commissioner shall thenceforward be the boundary line of and between such parishes, townships, or lands of such land owners respectively for all purposes whatsoever: Provided always, that nothing in this provision contained shall extend to any boundary or part of a boundary being also the boundary line or part of the boundary line of any county, or to the boundary line of any copyhold or customary land, unless the consent in writing of the lord of the manor whereof such land is holden to such application being dealt with by the said commissioners or assistant commissioner shall have been first sent to them or him for such purpose: Provided also, that every such boundary line shall be duly set out and delineated on the map annexed to the schedule of appointment, or upon a separate plan to be attached thereto, with proper descriptions and references, showing in what respects such map so annexed to the apportionment is varied, and in what respect the several closes whereon any rent-charge is fixed are affected thereby; and such map shall in every such case be deemed to be varied by such plan, and be as valid for all purposes as if the same had been originally drawn and sealed or certified by the said commissioners with such variation. ]

[F2135 How questions of boundary removed into Queen’s Bench are to be dealt with. U.K.

In every case in which any judgment or determination of the commissioners or of any assistant commissioner respecting the boundary of any parish, district, or lands shall have been or shall be removed into the Court of Queen’s Bench, it shall be lawful for the court to direct the trial of one or more feigned issues upon such points as the court shall think fit, and also to direct who shall be the plaintiff or plaintiffs and who shall be the defendent or defendents on such trial, or determine the same in a summary manner, or otherwise to dispose of the question or questions in dispute, and to make such other rules and orders therein as to costs and all other matters as may appear to be just and reasonable. ]

[F2236 Commissioners may award costs of inquiry into boundaries.U.K.

It shall be lawful for the said commissioners and for such assistant commissioner as aforesaid to order and direct that all reasonable costs, charges, and expenses already or hereafter to be incurred by any parties interested in or about any inquiry into any boundary which the said commissioners or such assistant commissioner are or is authorized to settle, shall be borne and paid in such proportion and manner by and amongst the several other parties interested therein (as well those who shall have signed a request to the tithe commissioners that the said commissioners should inquire into and settle such boundaries, as every other person interested who shall, either personally, or by his or her counsel, attorney, or agent, appear upon such inquiry before the said commissioners or before such assistant commissioner) as the said commissioners or any such assistant commissioner shall direct; and such costs, charges, and expences, and every part thereof, shall in every such case be recoverable in the like manner as expenses or the share thereof to be borne by any person are or is recoverable by the recited Acts or this Act. ]

37 This Act to be taken as part of 6 & 7 W. 4. c. 71.U.K.

This Act shall be taken to be a part of the first-recited Act for the commutation of tithes in England and Wales, and of the secondly-recited Act for amending the same, and of the said thirdly-recited Act to facilitate the merger of tithes; and that in the construction of this Act, unless there be something in the subject or context repugnant to such construction, the several words used in this Act shall have and bear the same interpretation as is given to such words respectively in the said recited Acts or either of them; and whenever a word importing the singular number or masculine gender only is used the same shall be understood to include and shall be applied to several persons or parties as well as one person or party, and females as well as males, and several matters or things as one matter or thing respectively, and the converse.

38. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F23U.K.