180 CHAPTER XIV. OF DEFINING GLEBE-LANDS AND GIVING LAND IN LIEU OF RENT-CHARGE; FIXING THE COMMENCEMENT OF THE RENT-CHARGE AFTER THE APPORTIONMENT; A NEW APPORTIONMENT IN CASE OF SMALL HOLDINGS; THE RE-APPORTIONMENT OF THE RENT-CHARGE CHARGED ON AN ALLOTMENT; THE REDEMPTION OF THE RENT-CHARGE IN CERTAIN CASES; THE ALTERATION OF THE APPORTIONMENT AFTER INCLOSURE OF LANDS; A SUPPLEMENTAL APPORTIONMENT IN RESPECT OF THE OWNERS OF THE RENT-CHARGE; THE REMOVAL OF COPY OF INSTRUMENT OF APPORTIONMENT; AND THE CORRECTION OF THE APPORTIONMENT WHERE LANDS CHARGED WITH RENT-CHARGE. IMPROPERLY SECTION I. Of defining Glebe-lands, and giving land in lieu of Rent-Charge. 490. AFTER the Apportionment of the Rent-Charge and notwithstanding its confirmation, certain acts may be done, altering its original position, or otherwise affecting it. Thus in cases where the quantity of glebe-land is known but cannot be identified, the Commissioners are empowered, as well after the Commutation as before, on the application of the spiritual person to whom the same belongs in right of the benefice, and with the consent of the landowners claiming title to the land, and being in possession thereof, to define and settle the glebe-lands of such benefice; and also on the like application of any spiritual person to exchange glebe-lands for other land, with the consent of the ordinary and patron of the benefice and of the land-owners of the land to be given in exchange for the glebe-lands, and being in actual possession thereof.-5 & 6 Vic. c. 64, s. 5. 491. And such exchange may be effected although at the time of such exchange or of the application in relation thereto, no proceedings for or concerning the commutation of Tithes in the parish in which such glebe-lands may be situate, shall have been pending, and whether the commutation of Tithes in such parish shall or shall not have been completed. 9 & 10 Vic. c. 73, s. 22. 492. The power of giving twenty acres of land instead of Tithes (6 & 7 W. IV. c. 71, s. 29, 62,) having been inoperative in a great degree by reason that the land-owners by giving land instead of vicarial Tithe, could not free their lands from the liability to rectorial Tithe, and the converse; the 5 & 6 Vic. c. 54, s. 6, enables any Tithe-owner, with the consent of the patron and ordinary in the case of spiritual tithes, to agree for the assignment to any other owner of Tithes issuing out of the same lands, of so much of his Tithes arising within the same parish, or of the Rent-Charge to be paid instead thereof, as shall be an equivalent for the Tithes belong to such other Tithe-owner issuing out of the same lands, or for the Rent-Charge to be paid instead thereof, for the purpose of enabling any land-owner who shall be desirous of giving land instead of Tithes to free his lands from both rectorial and vicarial Tithes and Rent-Charge in respect thereof, such agreement to be carried into effect by an award of the Commissioners, to be made either before or after the confirmation of the Apportionment. 493. So much of the first Act as enables any landowner, either by parochial agreement or individually, to give land instead of Tithes or Rent-Charge at any time before the confirmation of the Apportionment, (6 & 7 W. IV. c. 71, s. 29, 62,) is extended, and the powers for that purpose may be exercised at any time as well after as before the confirmation of the Apportionment, during the continuance of the Tithe Commission.- 2 & 3 Vic. c. 62, s. 19, 20, 21. SECTION II. Of fixing the Commencement of the Rent-Charge 494. By the 5 & 6 Vic. c. 54, s. 3, in all cases where no time is fixed by any award or agreement, commuting the Tithes of a parish for the commencement of the Rent-Charge, it shall be lawful, notwithstanding that the Apportionment may have been confirmed, for the land-owners and tithe-owners to enter into a supplemental agreement, for fixing the period at which the Rent-Charge shall commence ; such supplemental agreement to be confirmed by the Commissioners, and copies deposited in like manner as Instruments of Apportionment. 495. This clause only applies to cases where no time was fixed by the agreement or award; whereby the land would be discharged from Tithes, and the Rent-Charge commence from the 1st January next after the confirmation of the Apportionment (6 & 7 W. IV. c. 71, c. 67). In such cases the parties may enter into an agreement as above provided, after the Apportionment has been confirmed. SECTION III. Of a new Apportionment in case of small holdings. 496. It having happened that in cases where during the seven years of average, Tithes had not been demanded of certain tenements by reason of their small extent, or the small amount of such Tithes, such tenements had notwithstanding been included in the Apportionment, it is provided by the 3 Vic. c. 15, s. 26, that in any such case in which the Apportionment shall have included any number of small tenements exceeding in the whole one hundred, from which tenements no Tithe or composition for Tithe had been demanded or taken (notwithstanding their liability thereto) during the period of seven years next preceding Christmas, 1835, it shall be lawful for the Commissioners, upon the application in writing of any ten or more of the owners or occupiers of such small tenements, or of the Tithe-owner, and after satisfactory proof that no part of the Rent-Charge had been agreed to be given or awarded in respect of the Tithes of such small tenements, to cause a new Apportionment to be made of the said Rent-Charge, and to order and direct that no part thereof shall be apportioned upon such small tenements. 497. The provisions in the first Act as to Apportionments, are to apply to such new Apportionments; and such new Apportionment shall take effect from the half-yearly day of payment of the Rent-Charge next before its confirmation; but without affecting the previously due Rent-Charge. 498 And by sec. 27, the costs of such new Apportionment shall be borne by the party making the application, which in the case of an ecclesiastical Tithe-owner may be charged on the Rent-Charge. 499. Under these clauses the Rent-Charge of the parishes of Clapham and Camberwell, in Surrey, have been newly apportioned, omitting the small tenements, and adding the amount to the RentCharge on the larger allotments. SECTION IV. Of the Re-apportionment of the Rent-Charge, charged on an allotment. 500. It is enacted, that if at any time, subsequent to the confirmation of any such Instrument of Apportionment, the owner of any lands charged with any such Rent-Charge shall be desirous that the Appor |