SECT. 3.-Apportionment in Ordinary Cases. The total value of the tithe rent-charge payable in any parish having been ascertained as described in the last section, either by parochial agreement or by award of the commissioners, the majority in number and interest of the landowners or their agents, being present at a parish meeting, which, in the case of commutation by agreement, might be the original, or any subsequent meeting called in like manner, or, in case of a compulsory award, a meeting specially called by the commissioners, might appoint a valuer, or, if the majority in number and interest were unable to agree, an even number of valuers, half chosen by the majority in number, and half by the majority in interest, to apportion the total value, and the expenses of the apportionment, among the various lands in the parish, either upon a basis agreed upon by the meeting, or in default of agreement at his or their discretion, having regard to the average titheable produce and productive quality of the several lands.

If two or more valuers were appointed, they might before they commenced the apportionment appoint an umpire. The valuers or umpire so appointed, and their assistants, were empowered by sect. 34 of the principal Act to enter on any lands for the purpose of making the apportionment, and by sect. 35 to make use of any old maps and plans of the accuracy of which they might be satisfied.

In default of appointment of valuers, and of the

Chap. II.
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Sect. 3.

Chap. II. completion of the apportionment within six months of the confirmation of the agreement or award, the commissioners, or an assistant commissioner, might proceed to apportion the rent-charge agreed or awarded among the several lands in the parish, according to their discretion, in the same manner as valuers appointed by a parochial meeting, giving the lands the full benefit of any modus, composition real, prescriptive and customary payment, and of every exemption from or nonliability to tithes affecting them. To assist them in the apportionment, sect 59 of the principal Act empowered them to appoint surveyors and tithe valuers with the same powers as to entry on lands as was conferred on valuers appointed at a parochial meeting.1

Of every apportionment a draft was made, setting forth the agreement or award under which it had been made, and all schedules annexed thereto.

This draft, either in itself or in some schedule, should contain:

(1) The name and description of the several lands comprised in the apportionment.

(2) The true or estimated quantity of the several lands.

(3) The names and descriptions of the several proprietors and occupiers.

(4) A statement whether the lands were then cultivated as arable, meadow, pasture, wood or common, or in any other way whatsoever.2

1 See last page.

2 7 Will. 4 & 1 Vict. c. 69, s. 5, provided that it should be un

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(5) A reference by a number set against the descrip- Chap. II. tion of the several lands or closes to a map or plan drawn on paper or parchment, in which the lands or closes should be similarly numbered. (6) The amount charged on the several lands or closes of land.1

(7) To whom, and in what right, the amount was in each case payable.2

(8) The whole sum agreed or awarded to be paid by way of rent-charge for the parish.3

(9) The number of bushels of wheat, barley and oats, ascertained to be the equivalent for such whole

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sum; i. e. the number of bushels of wheat,
barley and oats the sum would have purchased
at the prices ascertained to have been the
average prices for the seven years preceding

the passing of the Act 6 & 7 Will. 4, c. 71,

necessary in any case of voluntary apportionment to state in what manner the various lands were cultivated, or the amount charged on the several closes of each landowner, if three-fourths of the landowners interested in the apportionment by writing under their hands should request the commissioners that such statements might be omitted.

1 See last note; also sect. 21 of 3 & 4 Vict. c. 15 provided that this might be omitted upon the request of the majority in value of the landowners, if valuers had not been appointed prior to the passing of that Act. This apparently applied to voluntary and compulsory apportionments.

2 Sect. 24 of 2 & 3 Vict. c. 62 provided that in certain cases of difficulty the award might be made to the tithe owner by general description.

3 Provisions of sect. 4 of 7 Will. 4 & 1 Vict. c. 69 superseding in this respect sect. 57 of the principal Act.

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which prices are fixed by 7 Will. 4 & 1 Vict. c. 69, s. 7 at 78. 1d. per bushel for wheat, 38. 114d. for barley, and 2s. 9d. for oats, provided one-third of the sum were expended in each of the three kinds of corn.

This draft, signed by the person who had made it, was sent together with the map or plan to the office of the commissioners, or some district commissioner, together with proofs that every proceeding incident to the making of the draft had been duly performed. The commissioners then caused a copy of the draft to be deposited in the parish for inspection, and appointed a meeting to hear and determine objections.1 Having heard and determined these, if any, and amended the draft (if necessary), the commissioners, or assistant commissioner, caused the draft to be engrossed on parchment, and annexed to it the map or plan,2 and then having signed the instrument of apportionment, and the map or plan, sent them both to the office of the commissioners, who, if they approved the apportionment, confirmed the instrument under their hands and seal, adding the date of the confirmation. If, in any case of voluntary or compulsory apportionment, or of an

In case one landowner was seized of all the lands, not glebe, of the parish these formalities were unnecessary if the apportionment was made in consequence of a parochial agreement (7 Will. 4 & 1 Vict. c. 69, s. 6).

2 The commissioners are empowered by sect. 26 of 23 & 24 Vict. c. 93 to order maps to be detached from instruments of apportionment where from their size or any other cause they deem it expedient.

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agreement for giving land in lieu of tithes,1 the com- Chap. II. missioners should not be satisfied of the accuracy of the map or plan, they were empowered by sect. 1 of 7 Will. 4 & 1 Vict. c. 69, and sect. 22 of 2 & 3 Vict. c. 62 to refrain from signing or sealing it, in which case they were to certify on it that it was the map or plan referred to in the instrument of apportionment or agreement.2

Of this confirmed instrument of apportionment, and of every confirmed agreement for giving land in lieu of tithes or rent-charge, two copies are required by sect. 64 of the principal Act to be made and sealed with the seal of the commissioners. One of these is to be deposited with the registrar of the diocese in which the parish is situated, to be kept among the records of the registry; the other, with the incumbent and churchor chapel—wardens of the parish, or some other fit persons approved by the commissioners, to be kept with the public books and papers of the parish; but if such custody is alleged to be inconvenient to the majority of the persons interested, or otherwise inconvenient or unsafe, power is given by sect. 17 of 9 & 10 Vict. c. 73 to any person interested in the lands or rent-charge to apply to quarter sessions for an order for the deposit of the сору in a more convenient or secure custody or Of this application fourteen days' notice in

place.

See Chap. V. pp. 68, et seq.

2 It appears by implication from this section that the commissioners were to sign and seal the map or plan as well as the instrument of apportionment (see too p. 40).