Tithe Act 1838

Year1838
Anno Regni VICTORI, Britanniarum Regin,Primo. An Act to facilitate the Merger of Tithes in Land.

(1 & 2 Vict.) C A P. LXIV.

[4th August 1838]

'WHEREAS by an Act passed in a Session of Parliament of the Sixth and Seventh Years of the Reign of His late Majesty KingWilliam the Fourth, intituled Englandand Wales, it was (amongst other things) provided that it should be lawful for any Person seised in possession of an Estate in Fee Simple or Fee Tail of any Tithes, or Rent-charge in lieu of Tithes, by any Deed or Declaration under his Hand and Seal, to be made in such Form as the Tithe Commissioners for England and Wales should approve, and to be confirmed under their Seal, to release, assign, or otherwise dispose of the same so that the same might be absolutely merged and extinguished guished in the Freehold and Inheritance of the Lands on which the same should have been charged: And whereas it is expedient that the aforesaid Provision should be extended 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, That from and after the passing of this Act it shall be lawful for any Person or Persons who shall, either alone or together, be seised of or have the Power of acquiring or disposing of the Fee Simple in possession of any Tithes, or Rent-charge in lieu of Tithes, by any Deed or Declaration under his or their Hand and Seal or Hands and Seals, to be made in such Form as the Tithe Commissioners forEngland and Wales shall approve, and to be confirmed under their Seal, to convey, appoint, or otherwise dispose of the same, so that the same may be absolutely merged and extinguished in the Freehold and Inheritance of the Lands out of or on which the same shall have been issuing or charged; and every such Deed or Declaration as aforesaid shall be valid and effectual for the Purpose aforesaid, although the same may not be executed or made in the Manner or with the Formalities or Requisites which if this Act had not been passed would have been essential to the Validity of any Instrument by which such Person or Persons could have acquired or disposed of the Fee Simple in possession of such Tithes, or Rent-charge in lieu of Tithes.

S-II Deeds exempt from Duty.

II Deeds exempt from Duty.

II. And be it enacted, That no Deed or Declaration authorized by this Act for...

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