Tithe Act 1842
| Jurisdiction | UK Non-devolved |
| Citation | 1842 c. 54 |
| Year | 1842 |
(5 & 6 Vict.) C A P. LIV.
[30th July 1842]
'WHEREAS by an Act passed in the Seventh Year of the Reign of His late Majesty, intituledAn Act for the Commutation of Tithes in England and Wales, it was among other things enacted, that no Commissioner or Assistant Commissioner, Secretary, Assistant Secretary, or other Officer or Person appointed under the said Act, should hold his Office for a longer Period than Five Years next after the Day of the passing of the said Act, and thenceforth until the End of the then next Session of Parliament; and that after the Expiration of the said Period of Five Years and of the then next Session of Parliament so much of the said Act as authorizes any such Appointment should cease: And whereas by an Actpassed in the last Session of Parliament it was among other things provided, that so much of the last-recited Act as is herein-before recited should be repealed, and that no Commissioner or Assistant Commissioner, Secretary, Assistant Secretary, or other Officer or Person so to be appointed, should hold his Office for a longer Period than until the Thirty-first Day ofJuly One thousand eight hundred and forty-two; and that after the said Thirty-first Day ofJuly so much of the last-recited Act as authorizes any such Appointment should cease: And whereas it is expedient that the said Commission be further continued;' be it enacted by the Queen's most Excellent Majesty, by and with the Advice and Consentof the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That so much of the last-recited Act as is herein-before recited shall be repealed, except so far as it repeals any Part of the first-recited Act; and that no Commissioner or Assistant Commissioner, Secretary, Assistant Secretary, or other Officer or Person so appointed or to be appointed shall hold his Office for a longer Period than the Thirty-first Day ofJuly in the Year One thousand eight hundred and forty-seven, and to the End of the then next Session of Parliament.
II Agreements may be made pending Proceedings toward an Award.
II. 'And whereas by the first-recited Act Power is given to the Land Owners and Tithe Owners of any Parish to make and execute an Agreement for the Commutation of the Tithes of that Parish as therein specified; and Power is also given to the said Commissioners, after the First Day ofOctober in the Year One thousand eight hundred and thirty-eight, to make compulsory Awards for the Commutation of Tithes in any Parish in which no such Agreement shall have been made as aforesaid, and confirmed by the said Commissioners: And whereas Doubts have been entertained whether, pending the Proceedings toward a compulsory Award, the Land Owners and Tithe Owners can make and execute a voluntary Agreement which, if confirmed by the said Commissioners, shall be valid, and it is expedient that such Doubts be removed;' be it declared and enacted, That a Parochial Agreement for the Payment of a Rent-charge instead of Tithes, as provided by the said Act, may be made in the Manner therein specified, at any Time before the Confirmation of any Award for the Commutation of the Tithes of the same Parish; and such Agreement may contain Provisions for declaring how the Expences of the Parties, or any of them, shall be defrayed, which shall have been incurred in contesting the Award; and every such Agreement, whether made before or after the passing of this Act, if confirmed by the Commissioners, shall be as valid as if made and executed before any Proceedings had been taken toward making a compulsory Award, and shall have the Effect of making null and void all the Proceedings toward such compulsory Award, or incident thereunto, except so far as the same shall be adopted in such Agreement.
III Parties may make a supplemental Agreement as to Commencement of Rentcharge.
III. And be it enacted, That in all Cases where no Time is fixed by any Award or Agreement commuting the Tithes of a Parish for the Commencement of the Rent-charge or Rent-charges therein awarded or agreed upon, it shall be lawful, notwithstanding that the Apportionment of the said Rent-charge or Rent-charges may have been confirmed for the Land Owners and Tithe Owners, having such an Interest in the Land and Tithes of the Parish as is required for making a Parochial Agreement, to enter into a supplemental Agreement for fixing the Period at which the Rent-charge or Rent-charges to be paid under such Award or Agreement shall commence: Provided always, that such supplemental Agreementshall be of no Force or Effect unless the same shall be confirmed by the said Commissioners under their Hands and Seal; and a Copy of every such supplemental Agreement shall be deposited with the Registrar of the Diocese, and in the Parish, in like Manner as Instruments of Apportionment are deposited under the said first-recited Act.
IV In making special Adjudication an Account may be taken of Parochial Agreements.
IV 'And whereas by the first-recited Act Power is given to the said Commissioners to make Awards in Cases reserved for special Adjudication, having regard to the average Rate which shall be awarded in respect of Lands of the like Description and similarly situated in the neighbouring Parishes: And whereas it sometimes happens that voluntary Agreements for the Commutation of Tithes have been made in the greater Part of such neighbouring Parishes;' be it enacted, That, in awarding the Rent-charge in any Case so reserved, the Commissioners shall be empowered to have regard to the average Rate of Commutation in respect of Lands of the like Description and similarly situated, not only in the neighbouring Parishes in which there has been an Award by the Commissioners, but also in those in which there has been a Parochial Agreement for the Commutation of Tithes.
V Powers for defining and exchanging Glebe.
V. 'And whereas it will be beneficial to both Tithe Owners and Land Owners if the Tithe Commissioners are empowered to define the Glebe Lands in those Cases in which the Quantity of Glebe is known, but cannot be identified, and also to exchange the Glebe Lands or Part thereof for other Land;' be it enacted, That for the Purpose of defining and settling the Glebe Lands of any Benefice, on the Application of the Spiritual Person to whom the same belongs in right of such Benefice, and with the Consent of the Land Owner or Land Owners having or claiming Title to the Land so defined as Glebe, and being in possession thereof, the Tithe Commissioners shall, during the Continuance of the Commission, as well before as after the Completion of any Commutation, have the same Powers which they have for ascertaining, drawing, and defining the Boundaries of the Lands of any Land Owners on their Application; and also upon the like Application of any Spiritual Person the said Commissioners shall have Power to exchange the Glebe Lands, or any Part thereof, for other Land within the same or any adjoining Parish, or otherwise conveniently situated, with the Consent of the Ordinary and Patron of the Benefice and of the Land Owner or Land Owners having or claiming Title to the Land so to be given in Exchange for the Glebe Lands, and being in actual Possession thereof as aforesaid, such Consent to be testified as their Consent under the first-recited Act is testified to any thing for which their Consent is therein required; and in every such Case the Tithe Commissioners shall make an Award in like Manner as Awards are made under the first-recited Act, setting forth the Contents, Description, and Boundary of the Glebe Lands as finally settled by them, and of the Lands awarded to the several Parties to whom any Lands theretofore Part or reputed Part of the Glebe Lands are to be awarded; and every such Award shall have all the Incidents of an Agreement confirmed by the said Commissioners for giving Land instead of Tithes, and in every Case of Exchange shall operate as a Conveyance of the Lands theretofore Part or reputed Part of the Glebe Lands to the several Persons to whom the same shall be awarded, and to their Heirs and...
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