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Tithe Act 1840

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Tithe Act 1840

1840 CHAPTER 15

An Act further to explain and amend the Acts for the Commutation of Tithes in England and Wales.

[4th June 1840]

WHEREAS by an [6 & 7 W. 4. c. 71. s. 67.] Act passed in the Seventh Year of the Reign of His late Majesty King William the Fourth, intituled An Act for the Commutation of Tithes in England and Wales, it is enacted, that from the First Day of January next following the Confirmation of any Apportionment in any Parish under the said Act the Lands of such Parish shall be absolutely discharged from Tithes, except as in the said Act is provided in certain Cases, and instead thereof there shall be payable to the Person entitled to such Tithes, and in that Behalf mentioned in the said Apportionment, a Sum of Money in the Nature of a Rent-charge issuing out of the Lands charged therewith ; and by an [7 W. 4. & 1 Vict. c. 69. s. 11.] Act passed in the First Year of the Reign of Her present Majesty, intituled An Act to amend an Act for the Commutation of Tithes in England and Wales, Provision is made for the Lands in a Parish being discharged from Tithes (except as in the said first-recited Act is excepted) by Agreement between the Parties to any Parochial Agreement or Supplemental Agreement, from certain Days preceding or following the Confirmation of the Apportionment, instead of the said First Day of January next following such Confirmation, but so that the first Payment of the Rent-charge be made and recoverable at the Expiration of Six Calendar Months from the Time from which such Lands are discharged from the Payment of Tithes; and by an [2 & 3 Vict. c. 62. s. 10.] Act passed in the last Session of Parliament the Commissioners appointed under the said first-recited Act are enabled by their Award, and the Land Owners and Tithe Owners by Supplemental Agreement, in like Manner to fix the Period at which any Rent-charge shall commence : And whereas, after an Agreement for or Award of Rent-charge has been made and confirmed by the said Commissioners, much Delay is often occasioned in settling and adjusting the Apportionment before the same can be confirmed by the Commissioners ; and, to avoid the Loss of the Proportion of Tithes or Composition for the Period intervening between the Expiration of any former Agreement or Composition and the Commencement of such Rent-charge, the Tithe Owner is compelled to have recourse to taking Tithes in Kind, or to a Suit in Equity; and in other Cases, by reason of the Lands so remaining subject to Tithes, or Composition for Tithes, during such Period, such Tithes continue to be taken in Kind, or may be so taken on the Determination of any Composition existing at the Date of such Agreement or Award, notwithstanding that the Parties have agreed for, or the Commissioners awarded, the Sum which under the Provisions of the said Acts ought to be taken as the permanent Rent-charge payable instead of such Tithes; and great Hardship is thereby occasioned, contrary to the Spirit and Intent of the said Acts : And whereas it is expedient to make. Provision for Remedy thereof, and otherwise to explain and amend the said recited Acts, in manner herein-after mentioned:

Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same,

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