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No. VIII. sary parties, the land which by such deed is given in exchange shall be 4 & 5 W. 4, exonerated and discharged from the uses, trusts, powers, conditions, c. 30. limitations and restrictions, charges and incumbrances then affecting
the same, and shall be and become subject to such and the same uses, exonerated trusts, powers, conditions, limitations and restrictions, charges and from the uses incumbrances, as affected the land taken in exchange at the same date ; affecting them and the land so taken in exchange shall be exonerated and discharged at the time, and from all uses, trusts, powers, conditions, limitations and restrictions, to become sub-charges and incumbrances then affecting the same, and shall be and ject to such uses become subject to such and the same uses, trusts, powers, conditions, as affected the limitations and restrictions, charges and incumbrances as affected the lands taken.
lands given in exchange at the same time.
any time thereafter be evicted from the peaceable and quiet possession
under the authority of this act. General -aving,
XXVI. Saving always to the king's most excellent Majesty, his heirs and successors, and to all and every other person, bodies politic, corporate, and collegiate, his and their heirs, successors, executors, and administrators, (other than and except the several owners and proprietors of the said exchanged lands, and the several persons and parties who shall have consented to such exchange, and all other persons claiming under them, or under the same will or deed or other conveyance as the said owners and proprietors, any right, title, estate, or interest to or in the said exchanged lands,) all such estate, right, title, interest, claim, and demand whatsoever as they, every or any of them had before the making and confirming of any such exchange, or could or might have had or enjoyed in case such exchange had not
been made. Meaning of
XXVII. That the words and expressions herein-after mentioned, words in the
which in their ordinary signification have a more confined or a different
shall extend and be applied to a female as well as a male.
kingdom called England and Wales. Wales.
in the year
This indenture, made the
between A. B. of of the one part, and C. D. of
of the other part, witnesseth, that in pursuance and under the authority of an act passed in the
year of the reign of his Majesty king
Schedule A. containing the land conveyed by A. B. to C. D.
A. B. (L.S.)
[No. I.] 2 & 3 W. IV.c.41.–An Act to facilitate the Recovery
of Tithes in certain cases in Ireland, and for Relief of the
[No. II.] 2 and 3 W. 4, c. 100.-An Act for shortening the
Time required in Claims of Modus Decimandi, or Exemp
tion from or Discharge of Tithes. [9th August 1832.]
recovery of tithes may and ought to be prevented, by shortening
the time required for the valid establishment of claims of a modus deciWhat prescrip- mandi, or exemption from or discharge of tithes; be it therefore tions and claims enacted, &c., That all prescriptions and claims of or for any modus deciof modus deci- mandi, or of or to any exemption from or discharge of tithes, by commandi to be position real or otherwise, shall, in cases where the render of tithes in valid in law.
kind shall be hereafter demanded by our said lord the king, his heirs or
three years after the appointment and institution or induction of a third Proviso. person thereto: Provided always, That if the whole time of the holding
of such two persons shall be less than sixty years, then it shall be
such time, or partly before and partly after, as shall with such time be No. I. sufficient to make up the full period of sixty years, and also for and 2 & 3 W. 4, during the further period of three years after the appointment and c. 100. institution or induction of a third person to the same office or benefice, unless it shall be proved that such payment or render of modus was made or enjoyment had by some consent or agreement expressly made or given for that purpose by deed or writing.
II. That every composition for tithes which hath been made or con- What compofirmed by the decree of any court of equity in England in a suit to sitions for títhes which the ordinary, patron, and incumbent were parties, and which shall be consihath not since been set aside, abandoned, or departed from, shall be dered valid. and the same is hereby confirmed and made valid in law; and that no modus, exemption, or discharge shall be deemed to be within the
provisions of this act, unless such modus, exemption, or discharge shall be proved to have existed and been acted upon at the time of or within one year next before the passing of this act.
III. Provided always, That this act shall not be prejudicial or avail. The act not able to or for any plaintiff or defendant in any suit or action relative to available in any of the matters before mentioned, now commenced, or which may be any suit now hereafter commenced, during present session of parliament, or
commenced, within one year from the end thereof.
&c. IV. Provided also, That this act shall not extend or be applicable to To what cases any case where the tithes of any lands, tenements, or hereditaments this act shall shall have been demised by deed for any term of life or number of not extend. years, or where any composition for tithes shall have been made by deed or writing, by the person or body corporate entitled to such tithes, with the owner or occupier of the land, for any such term or number of years, and such demise or composition shall be subsisting at the time of the passing of this act, and where any action or suit shall be instituted for the recovery or enforcing the payment of tithes in kind within three years next after the expiration, surrender, or other determination of such demise or composition.
V. Provided also, That where any lands or tenements shall have been Time during or shall be held or occupied by any rector, vicar, or other person which lands entitled to the tithes thereof, or by any lessee of any such rector, vicar, shall be held by or other person, or by any person compounding for tithes with any persons entitled such rector, vicar, or other person, or by any tenant of any such rector, to the tithes
thereof to be vicar, or other person, or of any such lessee or compounder, whereby
excluded in the the right to the tithes of such lands or tenements may have been or may
computation be during any time in the occupier thereof, or in the person entitled to under this act ; the rent thereof, the whole of every such time and times shall be excluded in the computation of the several periods of time herein-before mentioned.
VI. Provided also, That the time during which any person otherwise as also the time capable of resisting any claim to any of the matters before mentioned during which shall have been or shall be an infant, idiot, non compos mentis, feme any person cacovert, or lay tenant for life, or during which any action or suit shall pable of resislhave been pending, and which shall have been diligently prosecuted, ing any claim until abated by the death of any party or parties thereto, shall be shall be an in
&. excluded in the computation of the periods herein-before mentioned, except only in cases where the right or claim is hereby declared to be absolute and indefeasible.
VII. That in all actions and suits to be commenced after this act What it shall shall take effect it shall be sufficient to allege that the modus or exemp- be sufficient to tion, or discharge claimed was actually exercised and enjoyed for such allege in actions of the periods mentioned in this act as may be applicable to the case ;
commenced and if the other
party shall intend to rely on any proviso, exception, under this act. incapacity, disability, contract, agreement, deed, or writing herein mentioned, or any other matter of fact or of law not inconsistent with the simple fact of the exercise and enjoyment of the matter claimed, the same shall be specially alleged and set forth in answer to the allegation of the party claiming and shall not be received in evidence on any general traverse or denial of the matter claimed.
No. JI. VIII, That in the several cases mentioned in and provided for by this 2 & 3 W. 4, act no presumption shall be allowed or made in favour or support of any c. 100.
claim upon proof of the exercise or enjoyment of the right or matter
claimed for any less period of time or number of years than for such No presump- period or number mentioned in this act as may be applicable to the tion allowed in case and to the nature of the claim. support of any claim for any less period than mentioned in this act. Act to extend to
IX. Provided also, That this act shall not extend to Scotland or England only. Ireland.
[No. III.) 2 & 3 W. IV. c. 119.-An Act to amend three Acts
passed respectively in the Fourth, Fifth, and in the Seventh
[16th August 1832.]
[No. IV.] 3 & 4 W. IV. c. 100.-An Act for the relief of
the Owners of Tithes in Ireland, and for the amendment of
2 & 3 W.4,
[No. V.] 4 & 5 W. IV. c. 83.--An Act to amend an Act
passed in the Third Year of His present Majesty, inti-
[15th August 1834.]
Act for shortening the Time required in Claims of Modus Decimandi, or Exemption from or Discharge of Tithes, certain provisions were made limiting the period within which in cases of claims of a modus decimandi the payment or render of such modus, and in cases of claim of or to any exemption from or discharge of tithes by composition real or otherwise, the enjoyment of the land without payment or render of tithes or money, or other matter in lieu thereof, should be shown to have taken place: And whereas it was by the said act further enacted, That nothing therein contained should be prejudicial or available to or for any plaintiff or defendant in any suit or action relative to any of the matters therein mentioned, then commenced, or which might be thereafter commenced during the then session of parliament, or within one year from the end thereof: And whereas since the passing of the said act a great number of suits have been instituted for the recovery of tithes, under the apprehension on the part of the plaintiffs that they would be precluded by the said act from recovering the tithes to which they claim to be entitled unless they prosecuted their claims within the periods linited by the said act : And whereas