Tithe Act 1846
| Jurisdiction | UK Non-devolved |
| Citation | 1846 c. 73 |
(9 & 10 Vict.) C A P. LXXIII.
[26th August 1846]
'WHEREAS an Act was passed in the Session of Parliament held in the Sixth and Seventh Years of the Reign of His late Majesty KingWilliam , the Fourth, intituled An Act for the Commutation of Tithes in England and Wales, and the said Act has been amended, and the Provisions thereof have been extended, by Acts passed in the Sessions of Parliament held in the First Year, the Second and Third Years, the Third Year, and the Fifth and Sixth Years of the Reign of Her present Majesty: And whereas an Act was passed in the Session of Parliament held in the First and Second Years of Her present Majesty, intituled An Act to facilitate the Merger of Tithes in Land : And whereas it is expedient that the said Acts should be amended as herein-after mentioned:' Be it 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, Thatwhere, under any Agreement or Award which has been or hereafter shall be confirmed by the Commissioners, the Amount of the Rent-charge agreed or awarded to be paid instead of the Tithes of any Parish shall not exceed the Sum of Fifteen Pounds, and shall not have been apportioned, or the Apportionment of such Rent-charge shall not have been confirmed by the Commissioners, it shall be lawful for the Owners of the Land chargeable therewith, or any of them, with the Consent of the Person or Persons for the Time being entitled to the Receipt thereof, or, in the Case of an Infant, Feme Covert, or Lunatic, with the Consent of the Guardian, Husband, or Committee of the Estate of the Person so under Disability, to redeem such Rent-charge on Payment, in manner herein-after mentioned, (within such Time as the Commissioners shall in each Case limit in this Behalf,) of a Sum of Money not less than Twenty-four Times the Amount of such Rent-charge.
II Upon Payment of the Consideration Money, Commissioners to certify that the Parish is discharged of Tithes.
II. And be it enacted, That in every Case in which any such Rent-charge, not exceeding Fifteen Pounds as aforesaid, has been or shall be awarded to be paid, the Commissioners shall give Notice, in such Manner as they shall think fit, of the Time within which it shall be lawful for the Owners of the Land charged therewith, or any of them, to redeem such Rent-charge, and when it shall appear to the Commissioners that the Consideration Money for the Redemption of such Rent-charge as aforesaid shall have been paid, according to the Provisions of this Act, within the Time limited by them in this Behalf, or within any enlarged Time which the Commissioners may by any Order under their Hands and Seal allow for that Purpose, no Apportionment of the Rent-charge shall be made, but the Commissioners shall, by a Certificate under their Hands and Seal, certify that such Rent-charge has been redeemed, and that the Parish is discharged of such Rent-charge, and of the Tithes in lieu of which such Rent-charge was agreed or awarded to be paid, as from such Time as the Commissioners shall think reasonable and declare, and such Parish shall be thenceforth discharged according to the Terms of such Certificate.
III Power to redeem Rent-charge erroneously apportioned on Lands not chargeable therewith.
III. And be it enacted, That in every Case in which, by any Instrument of Apportionment confirmed under the Provisions of the said Acts, any Rent-charge or Portion of Rent-charge has been or shall have been (by reason of Error as to Boundary or otherwise) charged on Lands not within the Parish in respect of the Tithes of which the aggregate Rent-charge the Apportionment of which shall have been so confirmed was agreed or awarded to be paid, such Rent-charge or Portion of Rent-charge so charged on Lands not within the Parish shall be redeemable on Payment by the Owners of the Lands charged with the Residue of such aggregate Rent-charge, or any of them, of a Sum of Money equal to Twenty-four Times the Amount of the Rent-charge or Portion of Rent-charge hereby made redeemable, and it shall be lawful for the Commissioners before they shall proceed to direct a new Apportionment to give Notice that the Rent-charge or Portion of Rent-charge so erroneously apportioned on Lands not within the Parish may be redeemed, under the Provisions of this Act, within a Time in such Notice to be limited in this Behalf.
IV After Redemption of the Rent-charge erroneously apportioned, the Apportionment of the Remainder to be valid.
IV. And be it enacted, That when it shall appear to the Commissioners that the Consideration Money for the Redemption of the Rent-charge or Portion of Rent-charge so charged by such Instrument of Apportionment on Lands not within the Parish shall have been paid, according to the Provisions of this Act, within the Time which shall have been limited by the Commissioners in this Behalf, or within any enlarged Time which the Commissioners may by Order under their Hands and Seal allow for that Purpose, and that the Arrears thereof (if any) have been paid, the Commissioners shall under their Hands and Seal certify that such Rent-charge or Portion of Rent-charge has been redeemed, and thenceforth, except as respects the Lands so erroneously charged, and the Rent-charge or Portion of Rent-charge apportioned thereon, the Apportionment and Charges made by such Instrument of Apportionment shall be valid and effectual in such and the same Manner as if the aggregate Rent-charge had originally consisted only of the Sum of the Portions charged on the Lands within the Parish, and had been apportioned on such Lands, and no others, in the Portions in the Instrument of Apportionment expressed.
V Separate Rent-charges, not exceeding Twenty Shillings in Amount, may be redeemed after Apportionment.
V. And be it enacted, That in every Case in which, under any confirmed Instrument of Apportionment or any altered Apportionment under the Powers of the said Acts, the whole Amount of the Rent-charge or separate Portion of Rent-charge with which the Lands of any Owner shall be charged in respect either of all Tithes or of any Kind of Tithes payable to separate Tithe-owners shall be a Sum not exceeding Twenty Shillings, it shall be lawful for such Owner at his Option, and with the Consent of the Person or Persons for the Time being entitled to the Receipt thereof, or, in the Case of an Infant, Feme Covert, or Lunatic, with the Consent of the Guardian, Husband, or Committee of the Estate of the Person so under Disability, at any Time to redeem such Rent-charge or separate Portion of Rent-charge on Payment, according to the Provisions of this Act, of such a Sum of Money as shall be not less than Twenty-four Times the Amount of the Rent-charge or Portion of Rent-charge; and after Payment of such Consideration Money according to the Provisions of this Act the Commissioners shall certify that such Rent-charge or Portion of Rent-charge has been redeemed, and the same, from and after the Payment of the half-yearly Portion of such Rent-charge or Portion of Rent-charge which shall next accrue due subsequently to the Time of the Payment of such Consideration Money, shall cease and be extinguished; Providedalways, that no such Redemption as last aforesaid shall extinguish or affect any extraordinary Rent-charge which would become payable in respect of such Land upon any Change of the Cultivation thereof.
VI Commissioners to certify the Amount of Consideration Money for Redemption.
VI. And be it enacted, That in every Case in which a Rent-charge is redeemable under the Provisions of this Act, the Commissioners shall, upon the Request of the Owners of Land chargeable with such Rent-charge or any of them, certify under the Hands and Seal of the Commissioners the Sum of Money in consideration of which such Rent-charge may be redeemed; and when it shall appear to the Commissioners that Payment or Tender of such Consideration Money has been duly made, it shall be lawful for the Commissioners to certify that such Rent-charge has been redeemed under the Provisions of this Act, and such Certificate shall be final and conclusive: Provided that if any Consideration Money shall be paid for the Redemption of a Rent-charge to a Person not entitled under the Provisions of this Act to receive the same, the Land which was charged with such Rent-charge before the Redemption thereof shall be charged in equity with the Payment of such Consideration Money to the Person rightfully entitled thereto as if the same were Purchase Money for such Land remaining unpaid; but the same Remedies may be had against the Person who shall have wrongfully received such Money as Purchasers are entitled to by the Rules of Law...
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