Extraordinary Tithe Redemption Act 1886
| Jurisdiction | UK Non-devolved |
| Citation | 1886 c. 54 |
| Year | 1886 |
Extraordinary Tithe Redemption Act, 1886
(49 & 50 Vict.) CHAPTER 54.
An Act to amend the Tithe Commutation Acts as to Extraordinary Tithe Rentcharge on hop grounds, orchards, fruit plantations, and market gardens, and to provide for fixing the capital value thereof and the redemption of the same.
[25th June 1886]
W HEREAS by the Acts relating to the commutation of tithes in England and Wales power is given to impose an extraordinary charge and an additional rentcharge by way of extraordinary charge (both which charges are herein-after included under the expression ‘extraordinary charge.’) on hop grounds, orchards, fruit plantations, and market gardens:
And whereas the extraordinary charge levied under these Acts is an impediment to agriculture, and it is expedient that the same be limited in manner herein-after appearing, and that power be given to redeem the same in the manner and upon the terms 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, as follows
1 Limitation of extraordinary charge.
1. From the date of the passing of this Act no extraordinary charge shall be charged or levied under the Tithe Commutation Acts on any hop ground, orchard, fruit plantation, or market garden, newly cultivated as such after the passing of this Act.
2 Fixing of capital value of extraordinary charge.
2. The Land Commissioners for England, herein-after referred to as ‘the Commissioners,’ shall as soon as may be after the passing of this Act ascertain in each parish in England and Wales and certify the capital value of the extraordinary charge on each farm, or where not a farm on each parcel of land, in respect of which the said charge is payable at the date of the passing of this Act.
3 Manner in which capital value is to be ascertained.
3. For the purpose of estimating the capital value of the said charge the Commissioners shall take into consideration the net annual value of the same after allowing for the expenses of collection, rates, taxes (except income tax) and other outgoings, the value of the land subject to the said charge, the length of time during which the said charge has been paid, the prospect of the continuance or discontinuance of the special cultivation in respect of which the said charge is imposed, the right of the cultivator to discontinue such special cultivation at any time and thereby to cause the suspension of the said charge, the prospect of the substitution of other land on the same farm for such cultivation, notwithstanding the provisions of the first section of this Act, and any other special circumstances applicable to the farm or parcel of land under consideration, and shall, if so advised or requested, hear evidence on behalf of the landowner, the tithe payer, and the tithe owner. The Commissioners shall then determine and certify under their seal the capital value of the said charge, and the value so certified shall, for the purposes of this Act, be the capital value of the charge: Provided that where the tithe owner is absolutely entitled to the charge in fee simple in possession, or is empowered to dispose thereof absolutely, or to give an absolute discharge for the capital value thereof, the Commissioners may, on the joint application of the tithe owner, the tithe payer, and the landowner, or of the tithe owner and the landowner in cases where the last named is also the tithe paver, certify such amount as may be agreed on between them to be the capital value of the charge included in such application.
4 Interest on capitalised value of extraordinary charge to be until redemption first charge on land.
(1)4. (1.) Subject to the provisions of this Act with respect to the redemption of charges, land in respect of which at the date of the passing of this Act extraordinary charge is payable shall, so soon as the capital value of the said charge shall have been certified under the provisions of this Act, be charged with the payment of an annual rentcharge equal to four per centum on such capital value, in lieu of the extraordinary charge which shall cease on the half-yearly day of payment thereof which shall immediately precede the date of the said certificate, such rentcharge to be a charge upon the particular farm or parcel of land in respect of which the same has been assessed.
(2) (2.) Provided that the Commissioners may from time to time, if they think fit,...
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