consents render valid proceedings under this Act. every case in which any of the powers hereinbefore conrequired to tained shall be exercised by any bishop, dean, archdea. con, prebendary, or other ecclesiastical corporation sole, the deed of submission or agreement of reference, and also the approbation of the award, shall, in the case of a bishop, be executed by the archbishop of the province testifying his consent thereto; or in case of a dean, the same shall be executed by the dean and chapter testifying their consent thereto; or in the case of an archdeacon, prebendary, or other ecclesiastical corporation sole, the same shall be executed by the archbishop or bishop of the diocese testifying his consent thereto. Power to infants, married to enter into refer ence. 3. And be it further enacted, That from and after the passing of this Act it shall and may be lawful to and for the said lessee or lessees, copyhold or customary tenant women, lu- or tenants, sub-lessee or sub-lessees, under-tenant or natics, &c. under-tenants, and such other owner or owners as hereinbefore named, his, her, or their heirs, executors, administrators, or assigns, who at the time of making any reference authorized by this Act shall be tenant or tenants in fee tail, general or special, or for life or lives, and for the guardians, husbands, committees, or attornies of or acting for any such lessee or lessees, copyhold or customary tenant or tenants, sub-lessee or sub-lessees, under-tenant or under-tenants, and such other owner or owners as hereinbefore named, his, her, or their heirs, executors, administrators, or assigns, who at the time of making any such reference shall be respectively an infant or infants, feme covert or femes covert, or of unsound mind, or beyond the seas, or under any other legal disability, or otherwise disabled to act for themselves, himself, or herself, to sign, seal, and deliver any agreement of reference or deed of submission or approbation of any award or awards and map or maps authorized by this Act to be made, as fully and effectually to all intents and purposes as if such lessee or lessees, copyhold or customary tenant or tenants, sub-lessee or sub-lessees, undertenant or under-tenants, and such other owner or owners as hereinbefore named, his, her, or their heirs, executors, administrators, or assigns, had been tenant or tenants in fee simple, and of full age, sole, of sound mind, or within the realm of England, and not under any other legal disability. Agree 4. And be it further enacted, That immediately after ments or the execution by the parties of the instrument showing deeds of their approbation of any award to be made by virtue of reference, this Act, the agreement of reference or deed of submis sion, and also the award or awards and map or maps, awards and authorized to be made by this Act, and a copy of the maps, to be minutes of evidence whereupon the same is made, shall deposited be deposited, in the case of any reference by any arch- in registry bishop or bishop, in the office of their own registrar; and of archin case of any reference by any dean, dean and chapter, bishop, archdeacon, prebendary, canon, and other dignitary and bishop, &c. officer of a cathedral or collegiate church or chapel, in the office of the registrar of the dean and chapter thereof; and in case of any reference by any masters or other heads or by any fellows and scholars or other societies hereinbefore named, in the office of the steward or other proper officer of their said colleges and halls; and every Documents such registrar, steward, or other officer, or some person to be proor persons on his behalf, shall produce the documents duced for and papers so deposited with him, or any of them, at all inspection. proper and usual hours of business, to every person interested in the subject matter of such award, or to his or her agent duly authorized, who shall make application to inspect the same or any of them, and shall furnish a copy or copies of the same or any of them to every such person or agent who shall make application for such copy or copies; and every such registrar, steward, or other Registrar's officer shall in every case be entitled to the sum of five fees. shillings and no more for receiving and preserving the agreement of reference or deed of submission, award or awards, map or maps, and copy of the minutes of evidence as aforesaid; and the sum of one shilling and no more for every production of the same or any of them to be inspected; and the sum of sixpence and no more for every folio containing seventy-two words of every copy; and the sum of ten shillings and no more for every copy of a map so made as aforesaid. 5. And be it further enacted, That the expenses at- Expenses tending every reference which shall be made under the of reference authority of this Act, and all the proceedings hereby how to be required relating to the same, shall be paid and borne by paid. the parties thereto in such manner, shares, and proportions as they shall agree; and in case the said parties shall not make any agreement relating to such expenses, then all such expenses, or so much thereof as shall not be provided for by such agreement, shall be paid and borne by the said parties in equal moieties. 6. Provided also, and be it further enacted, That this Act limited Act shall extend only to that part of the United Kingdom to England called England and Wales. and Wales. 19. No. V. 4 & 5 Will. IV. Cap. 22. An Act to amend an Act of the Eleventh Year of King [16th June, 1834.] 'WHEREAS by an Act passed in the eleventh year of the reign of his Majesty King George the Second, inti11 G. 2. c. tuled, "An Act for the more effectual securing the Payment of Rents, and preventing Frauds by Tenants," it was enacted, that where any tenant for life should happen to die before or on the day on which any rent was reserved or made payable upon any demise or lease of any lands, tenements, or hereditaments which determined on the death of such tenant for life, the executors or administrators of such tenant for life should and might, in an action on the case, recover of and from such under-tenant or under-tenants of such lands, tenements, or hereditaments, if such tenant for life die on the day on which the same was made payable, the whole, or if before such day then a proportion of such rent according to the time such tenant for life lived of the last year or quarter of a year or other time in which the said rent was growing due as aforesaid, making all just allowances, or a proportionable part thereof respectively: And whereas doubts have been entertained whether the provisions of the said Act apply to every case in which the interests of tenants determine on the death of the person by whom such interests have been created, and on the death of any life or lives for which such person was entitled to the lands demised, although every such case is within the mischief intended to have been remedied and prevented by the said Act; and it is therefore desirable that such doubts should be removed by a declaratory law: And whereas, by law, rents, annuities, and other payments due at fixed or stated periods are not apportionable (unless express provision be made for the purpose), from which it often happens that persons (and their representatives) whose income is wholly or principally derived from these sources by the determination thereof before the period of payment arrives are deprived of means to satisfy just deserved on mands, and other evils arise from such rents, annuities, leases de- and other payments not being apportionable, which evils termining require remedy:' Be it therefore it enacted and declared by the King's most excellent Majesty, by and with the Rents re n the of tenant for life), or on the death advice and consent of the lords spiritual and temporal, the person and commons, in this present parliament assembled, and making by the authority of the same, That rents reserved and them made payable on any demise or lease of lands, tene- (though ments, or hereditaments which have been and shall be not strictly made, and which leases or demises determined or shall determine on the death of the person making the same (although such person was not strictly tenant for life thereof), or on the death of the life or lives for which such person was entitled to such hereditaments, shall, so autre vie, far as respects the rents reserved by such leases, and the to be conrecovery of a proportion thereof by the person granting sidered as the same, his or her executors or administrators (as the within the case may be), be considered as within the provisions of provisions the said recited Act. of recited of the tenant pur be 2. And be it further enacted, That from and after the Act. passing of this Act all rents service reserved on any lease All rents, by a tenant in fee or for any life interest, or by any lease annuities, granted under any power (and which leases shall have and other been granted after the passing of this Act), and all rents payments charge and other rents, annuities, pensions, dividends, coming due moduses, compositions, and all other payments of every at fixed description, in the United Kingdom of Great Britain and periods to Ireland, made payable or coming due at fixed periods apporunder any instrument that shall be executed after the tioned; passing of this Act, or (being a will or testamentary instrument) that shall come into operation after the passing of this Act, shall be apportioned so and in such manner that on the death of any person interested in any such rents, annuities, pensions, dividends, moduses, compositions, or other payments as aforesaid, or in the estate, fund, office, or benefice from or in respect of which the same shall be issuing or derived, or on the determination by any other means whatsoever of the interest of any such person, he or she, and his or her executors, administrators, or assigns, shall be entitled to a proportion of such rents, annuities, pensions, dividends, moduses, compositions, and other payments according to the time which shall have elapsed from the commencement or last period of payment thereof respectively (as the case may be), including the day of the death of such person, or of the determination of his or her interest, all just allow- subject to ances and deductions in respect of charges on such rents, all just annuities, pensions, dividends, moduses, compositions, deductions. and other payments being made; and that every such Remedies person, his or her executors, administrators, and assigns, for obtainshall have such and the same remedies at law and in ing the ap portioned equity for recovering such apportioned parts of the said parts. rents, annuities, pensions, dividends, moduses, compositions, and other payments, when the entire portion of which such apportioned parts shall form part shall become due and payable, and not before, as he, she, or they would have had for recovering and obtaining_such entire rents, annuities, pensions, dividends, moduses, compositions, and other payments if entitled thereto, but so that persons liable to pay rents reserved by any lease or demise, and the lands, tenements, and hereditaments comprised therein, shall not be resorted to for such apportioned parts specifically as aforesaid, but the entire rents of which such portions shall form a part shall be received and recovered by the person or persons who if this Act had not passed would have been entitled to such entire rents; and such portions shall be recoverable from such person or persons by the parties entitled to the same under this Act in any action or suit at law or in equity. Act not to apply to certain cases. Comp. troller of corn returns to publish average price of corn. Rent charges to be valued according to the average 3. Provided always, and be it enacted, That the provisions herein contained shall not apply to any case in which it shall be expressly stipulated that no apportionment shall take place, or to annual sums made payable in policies of assurance of any description. No. VI. 6 & 7 Will. IV. Cap. 71, Sect. 56, 57, and 67. TITHE COMMUTATION. 56. And be it enacted, That immediately after the passing of this Act, and also in the month of January in every year, the comptroller of corn returns for the time being, or such other person as may from time to time be in that behalf authorized by the privy council, shall cause an advertisement to be inserted in the London Gazette, stating what has been, during seven years ending on the Thursday next before Christmas-day then next preceding, the average price of an imperial bushel of British wheat, barley, and oats, computed from the weekly averages of the corn returns. 57. And be it enacted, That every rent-charge charged upon any lands by any such intended apportionment shall be deemed at the time of the confirmation of such apportionment, as hereinafter provided, to be of the value of such number of imperial bushels and decimal parts of an imperial bushel of wheat, barley, and oats as the same |