Tithe Act 1860
| Jurisdiction | UK Non-devolved |
| Citation | 1860 c. 93 |
| Year | 1860 |
(23 & 24 Vict.) C A P. XCIII.
[13th August 1860]
'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 Englandand 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 First and Second Years, the Second and Third Years, the Third Year, the Fifth and Sixth Years, the Ninth and Tenth Years, and the Tenth and Eleventh Years of the Reign of Her present Majesty: And whereas it is expedient that the said Acts should be amended, and that the Provisions thereof should be further extended in manner 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, as follows:
I Corn Rents under Local Acts may be converted into Tithe Rentcharge.
I. Where Corn Rents are payable by virtue of any Local Act of Parliament, in commutation of the whole or Part of the Tithes of any Parish, and such Corn Rents shall be subject to Variation at certain Periods under the Provisions of the same Act, the Commissioners, upon the Application in Writing of the Owners of Lands liable to the Payment of the major Part in Value of such Corn Rents, or of the Persons to whom a major Part in Value of such Rents are payable, at any Time at which the said Corn Rents might be subjected to Variation under such Local Act, or at any other Time, upon the joint Application in Writing of the Owners of Lands liable to the Payment of the major Part in Value of such Corn Rents, and of the Persons to whom a major Part in Value of such Rents are payable, may by an Award under their Hands and Seal convert the same into a Rentcharge, to be thenceforth and for ever thereafter payable, in like Manner and subject to the like Incidents as Rentcharges awarded under the said recited Acts are payable and subject to: Provided always, that nothing in this Act contained shall be construed to render any such Rentcharge liable to Parochial or other Rates or Taxes from which the Corn Rents in respect of which such Rentcharge shall have been awarded were free and exempt.
II County or Towns from whose Returns Average to be calculated.
II. Wherever the Local Act provides that the average Prices upon which any Corn Rents shall be varied shall be taken from any County or from Towns from which Corn Returns are made, the Commissioners shall calculate the Rentcharge to be awarded by them in lieu of such Corn Rents upon the Returns for such County or such Towns; and where no Corn Returns are made from the Towns so named, the Commissioners shall select Two Towns in the same or any adjoining County from which there are Returns, and give Notice thereof in such Manner as to them shall seem fit, and shall appoint a Time (being not less than Twenty-one Days from the Date of the Notice) within which Objections to such Selection may be signified in Writing to the Commissioners by any Person interested, and if there be any such Objections the Commissioners shall consider the same, and shall either confirm the Selection, or select some other Towns, as they may think fit.
III How Average to be calculated.
III. The Commissioners shall calculate the Rentcharge to be awarded in lieu of any such Corn Rents upon the average Prices for the Number of Years next preceding the Date of the Application to them, which shall be provided by such Local Act as the Basis of Variation, having due Regard to the average Prices upon which such Corn Rents were ascertained, and such Calculation, where practicable, shall be made with reference to the particular Grain mentioned in the Local Act under which such Corn Rents are payable, or if there shall be no Returns of such Grain, upon the average Prices of Wheat, Barley, and Oats.
IV Commissioners to apportion Rentcharge.
IV. The Commissioners shall apportion the Rentcharge to be awarded by them in lieu of Corn Rents upon and among the Lands heretofore subject to such Corn Rents, either by a general Schedule or a Schedule in Detail of the same Lands, to be annexed to and form Part of their Award, and with or without a Map of the same Lands or any Part thereof, but the Commissioners shall not require a Map unless the same shall in their Opinion be rendered necessary for the Identification of any such Lands; and the Commissioners shall deposit a Draft of such Award for Inspection in the same Manner as by the said recited Acts is required in reference to an Instrument of Apportionment, and shall cause Notice of such Deposit to be given in such Manner as to them shall seem fit, and shall by such Notice specify the Time (being not less than Twenty-one Days) within which Objections in Writing to such proposed Award may be signified to the Commissioners; and in case any Notice of Objection shall be given within the Time limited as aforesaid, the Commissioners shall appoint a Time and Place for hearing such Objections, and shall by themselves or by an Assistant Commissioner take such Objections into their Consideration; and if there be no Notice of Objections, or when the said Commissioners or Assistant Commissioner shall have heard and determined all such Objections, the Commissioners shall confirm such Award, with or without Amendments, as they shall see fit, and such Award shall thenceforth be binding and conclusive on all Persons whomsoever, subject to the Provision herein-after contained, and shall be conclusive Evidence on every Matter in the said Award set forth and contained.
V Power of Appeal to a Court of Law.
V. Any Person dissatisfied with the said Award, and who shall be desirous of appealing against the same, shall have the same Power of Appeal as is given by the said first-recited Act in the Case of a Decision given under the Forty-fifth Section of such Act, notwithstanding that the yearly Payment in dispute shall be less than Twenty Pounds; and the Court is hereby empowered to amend such Award, or to remit the same to the Commissioners to be amended by them in such Manner as the said Court shall direct, and the Commissioners shall thereupon amend the same, in conformity to such Direction, and the Award so amended shall be binding and conclusive on all Persons whomsoever.
VI Comptroller of Corn Returns to furnish Information.
VI. The Commissioners shall have Access to the Books of the Comptroller of Corn Returns for the Time being, and shall be furnished by him with such Information as they may require for the Purposes, of any Award of Rentcharge in lieu of Corn Rents.
VII Commissioners to have same Powers as in Tithe Commutations.
VII. In making any such Award, and any Inquiries incident thereto, the Commissioners shall have the same Powers as to the Attendance and Examination of Witnesses, the Production of Documents, and all other Matters, as are given by the said recited Acts in Matters relating to the Commutation of Tithes; and all Expenses of or incident to any such ward or any Part thereof shall be borne and paid by and amongst the Owners of Lands heretofore liable to such Corn Rents, and the Persons to whom the same were payable respectively, in such Proportion and Manner as the Commissionersshall direct, and be recoverable in like Manner as Expenses under the said recited Acts are recoverable.
VIII Copies of Award to be deposited &c.
VIII. The Commissioners shall cause to be made Two Copies of every such Award of Rentcharge in lieu of Corn Rents, which Copies shall be sealed by them and be deposited in like Manner and subject to all the like Incidents as provided by the said recited Acts in reference to the sealed Copies of an Instrument of Apportionment.
IX As to Recovery of Rentcharges awarded in lieu of Corn Rents.
IX. The Payment of any Rentcharge awarded in lieu of Corn Rents which shall be in arrear may be enforced by the same Ways and Means as Payment of Rentcharge in arrear may be enforced under the Provisions of the said recited Acts, or may be enforced, at the Option of the Person to whom the same Rentcharge is payable, by the same Ways and Means as are provided by the Local Act for the Recovery of the Corn Rents in lieu of which such Rentcharge shall have been awarded.
X Where Consents not given, Draft of...
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