Sect. 3. Chap. II. writing must be given to the persons in whose custody the copy is deposited at the time of the application. The Court of Quarter Sessions may, upon hearing the application, order the copy to be removed from the custody objected to, and deposited in such custody as the Court may think fit. The costs of the application and of any opposition to it are in the discretion of the Court. To this copy all persons interested may have access for the purpose of inspection on payment of 2s. 6d., and are entitled to be furnished with copies of or extracts from it, upon paying for them at the rate of 3d. for every folio of seventy-two words. Again, 5 & 6 Vict. c. 54, s. 13 empowered boards of guardians of parishes and unions, with the consent of the poor law commissioners, to pay out of the rates the cost of making the map or plan, with a view to its use by them in estimating the net annual value of property in respect of which rates might be assessed for the relief of the poor. The commissioners having certified in writing that such cost has been paid, the overseers of the parish, or any officer of the board of guardians, or any person authorized in writing by the overseers or board, is entitled to inspect, take copies of, and make extracts from the map or plan free of charge. If at any time any sealed copy of a confirmed instrument of apportionment is in the possession of any person who is not legally entitled to it, any two justices of the peace in whose jurisdiction the lands mentioned in the instrument are situated are empowered by sect. 28 of 23 & 24 Vict. c. 93, upon the application of any person Sect. 3. interested in the lands or rent-charge, and upon fourteen Chap. II. days' notice in writing of the application1 to the person or persons in whose custody the copy is at the time of the application, to hear and determine it. They may then order the copy to be removed from the custody in which it is, and to be deposited in such custody as they think fit; they may also impose a fine not exceeding twenty shillings for each day that the copy is retained contrary to the terms of their order, and the costs of the application and the fine and any opposition to it are in their discretion. Finally, the commissioners are empowered by sect. 27 of 23 & 24 Vict. c. 93 to recopy or restore any instrument of apportionment, or any portion thereof, which may have become damaged or defaced, certifying such copy or restoration under their hands and seal. No agreement, award, or apportionment, having been confirmed as above provided, or purporting to be so confirmed, can be impeached by reason of any mistake or informality in itself, or in any proceeding relating thereto, but is valid in all respects, subject to any powers given to the commissioners to alter it (sect. 64 of the principal Act, and 10 & 11 Vict. c. 104, s. 2); and by 2 1 The application of which notice is to be given must be an application which has already been made, i. e., the application must first be made to the justices, and then fourteen days' notice of it given before it can be heard and determined (Reg. v. Sayers, 3 L. T. N. S. 405). 2 See Chap. IV. pp. 59, et seq. In spite of this provision it was held, in Clarke v. Yonge (5 Beav. 523), that questions between rival claimants to tithe rent-charge where, by mistake, the title of one claimant had Sect. 3. Chap. II. sect. 34 of 23 & 24 Vict. c. 93, where land has been made chargeable with rent-charge in lieu of tithes for more than one parish, they are empowered to determine in respect of which parish the rent-charge should have been charged, and to order it to be paid in respect of that parish only. Every recital or statement in an apportionment or agreement for giving land, or in any sealed copy thereof, and any map or plan annexed to such apportionment or agreement or copy, if signed and sealed by the commissioners, is made by sect. 64 of the principal Act satisfactory evidence of the matters therein recited or stated, or of the accuracy of the map or plan;1 but sect. 1 of 7 Will. 4 & 1 Vict. c. 69 provides that in no case where the map or plan, as well as the instrument, is not signed and sealed by the commissioners,2 shall any recital of the quantity or admeasurement of lands, or any map or plan annexed to any such instrument, or any copy thereof, be deemed evidence of the quantity of land referred to in it, or of the accuracy of the map or plan. not been brought before the commissioners at the time of commutation, could still be raised in a court of law (see, too, Morris v. Duke of Norfolk, 9 Sim. 493). 1 The section only uses the word "plan," but it is evident from the context that "map" is also intended. The map is not receivable in evidence as showing the boundary of land in a case of disputed title (Wilberforce v. Hearfield, 5 Ch. D. 709). See, however, Giffard v. Williams, 38 L. J. Ch. 597, where a properly authenticated tithe commutation map was received in evidence to prove plaintiff's title in a partition action. 2 E. g., in the case of their not being satisfied as to its accuracy, see p. 37. Sect. 3. After the 'confirmation of the instrument of appor- Chap. II. tionment, the lands of the parish comprised in it became discharged from the payment of all tithes, and, in lieu thereof, a sum of money in the nature of a rentcharge issuing out of the lands is payable. The amount of the sum payable in any given year is ascertained by taking the number of bushels of wheat, barley, and oats fixed in the instrument of apportionment,1 and then seeing how much money such number of bushels of each kind would fetch at the average prices of the past seven years as advertised in the London Gazette in January of each year pursuant to sect. 10 of 45 & 46 Vict. c. 37.2 The sum thus ascertained is the amount payable for that year. The provisions of the statutes 4 & 5 Will. 4, c. 22, and 33 & 34 Vict. c. 35 as to the apportionment of periodical payments apply to all rent-charges for which tithes have been commuted; and where any lands were exempt from the payment of tithes whilst in the occupation of the owner by reason of being glebe, or parcel of the possessions of some privileged order, or Crown lands, the like exemption extends to the rent-charge. (Sect. 71 of the principal Act, and 2 & 3 Vict. c. 62, s. 12.) 1 See p. 35. 2 Repealing sect. 56 of the principal Act. Chap. II. SECT. 4.-Commutation and Apportionment in certain exceptional Cases. 1. Under sects. 38 and 39 of the principal Act the commissioners had power to reserve for separate adjudication any case where they might suspect fraud or collusion, or in which, by reason of the length of time which had elapsed since the making of any composition then in force, or by reason of the peculiar interest in the lands or tithes of either of the parties to any composition, or by reason of any other special circumstance, they considered a separate adjudication desirable. Such special adjudication having been made with certain formalities required by the Act, the award was to be published and confirmed as in the case of an ordinary award.1 2. Under sect. 58 of the principal Act the valuers or commissioners, or assistant commissioner, as the case might be, had power to make a special apportionment at any time before the confirmation of the apportionment by apportioning, at the request of any landowner, the whole rent-charge intended to be charged upon any lands of such landowner held under the same title and for the same estate in the same parish, specially upon the several closes or portions of such lands, or according to an acreable rate or rates upon lands of different quality, in such manner and proportion, and to the exclusion of such of them, as the landowner, with the consent of the person entitled to the rent-charge, might direct; but no close of 1 See p. 32. |