an Apportionment of a Rent-Charge as are payable by the owners of the land included therein shall extend and be applicable to the expenses of such altered Apportionment.-Sec. 14. 6 & 7 W. IV. c. 71, s. 75, 76. 2 & 3 Vic. c. 62, s. 18.

SECTION VII.

Of a Supplemental Apportionment in respect of the owners of the Rent-Charge.

523. Where by any agreement or award made under the provisions of the said Acts a Rent-Charge has been or shall have been agreed or awarded to be paid to any person in lieu of any Tithes, and after the Apportionment of such Rent-Charge shall have been made and confirmed under the provisions of the said Acts, it shall appear that some Tithes included in the aggregate Tithes in lieu of which such Rent-Charge shall have been so agreed or awarded to be paid, or some portion or undivided share of some Tithes so included were or was at the time of such agreement or award the property of some person other than the person to whom the said RentCharge was so agreed or awarded to be paid, or that the whole of the Tithes included in the aggregate in respect of which such Rent-Charge was agreed or awarded to be paid were not held by the person to whom such Rent-Charge was so agreed or awarded to be paid in the same right and for the same estate, or were not subject after the determination of the estate of such person to the same limitations or

estates legal and equitable, it shall be lawful for the Commissioners, in any of the cases aforesaid in pursuance of, or in accordance with, the decree or direction of a court of equity of competent jurisdiction, or on the request in writing of the parties who for the time being in case there had been no commutation would have been the owners of all the Tithes included in such aggregate, to make or confirm a supplemental award or Apportionment of such RentCharge in such manner that, without altering the aggregate amount of Rent-Charge to which any owner of land may be subject, separate Rent-Charges or separate portions of Rent-Charges may be made payable to the parties who would have been owners of the Tithes in case they had not been extinguished in lieu of the several Tithes or portions of Tithe included in such aggregate which would belong to different persons, or be held in different rights, or be subject to different limitations or estates; and by such supplemental award and Apportionment the Commissioners, if they shall so think fit, may apportion or award to be paid to one of the respective owners, or to the owner in lieu of one of his respective rights, the whole of any Rent-Charges payable under the original Instrument of Apportionment out of specific lands, instead of dividing each RentCharge made payable in lieu of the aggregate of the Tithes of each parcel of land between or among the owners of the separate Tithes arising out of such parcel; and such supplemental award and Apportionment when confirmed by the Commissioners under their hands and seal shall take effect, from

the half yearly day of payment which shall happen next after the confirmation thereof.- 9 & 10 Vic. c. 73, s. 15.

SECTION VIII.

Of the removal of Copy of Instrument of Apportionment.

524. Where the place of deposit of the copy of a confirmed Instrument of Apportionment which by the said Act of the session of Parliament holden in the sixth and seventh years of the reign of King William the Fourth is directed to be deposited with the incumbent and church or chapel wardens for the time being, or such other fit person as the Commissioners shall approve, shall be alleged to be inconvenient to the majority of the persons interested therein, or otherwise inconvenient or unsafe, it shall be lawful for any person interested in the lands or Rent-Charge to which such Apportionment shall relate to apply to the court of general quarter sessions of the peace for the county, riding, division or place in which such place of deposit shall be situate, for an order for the deposit of such copy in some more convenient or secure custody or place, and fourteen days' notice in writing of every such application shall be given to the persons in whose custody such copy shall at the time of such application be deposited; and it shall be lawful for the court at the quarter session for which such notice shall be given to hear and determine such application in a summary way, or they may, if they think fit, adjourn it to the following session; and upon the hearing of

such application, the court may, if they think fit, order such copy to be removed from the custody of the persons with whom the same shall have been deposited, and to be deposited with such other persons or in such other custody as the court having reference to the security and due preservation of such copy, and to the convenience of the parties interested therein, may think fit, and may make such order concerning the notice to be given of such removal and deposit, and concerning the costs of such application, or of any opposition thereto, as they may think reasonable.-9 & 10 Vic. c. 73, s. 17; and see 6 & 7 W. IV. c. 71, s. 64. No. 27.

SECTION IX.

Of the Correction of the Apportionment when lands improperly charged with Rent-Charge.

525. By the 10 & 11 Vic. c. 104, after confirming every Instrument of Apportionment confirmed by the Tithe Commissioners (see No. 43), it is enacted, That if it shall be shown to the satisfaction of the said Tithe Commissioners that any lands have been improperly included or improperly charged with Rent-Charge in any confirmed Instrument of Apportionment, it shall be lawful for the said Tithe Commissioners to correct such Apportionment, and the deposited copies thereof, either by excluding such lands so improperly charged from the Apportionment, and re-distributing any Rent-Charge imposed upon such lands on lands legally liable to the pay

ment thereof, or by sanctioning the redemption of the Rent-Charge so improperly charged by the persons capable of redeeming the same under the provisions of an Act of the last Session of Parliament, intituled "An Act further to amend the Acts for the Commutation of Tithes in England and Wales;" and all costs and expenses attendant upon the correction of any confirmed Instrument of Apportionment shall be borne and paid by such persons and in such proportions as the said Tithe Commissioners shall direct, and shall be recoverable from the person or persons declared liable by the said Tithe Commissioners to the payment of the same in such manner as expenses attendant upon original Instruments of Apportionment are recoverable.-Sec. 3, 6 & 7 W. IV. c. 71, s. 75, 76. 2 & 3 Vic. c. 62, s. 18.

526. And that for the purposes of such correction, or of recording any such redemption, the person or persons having the custody of any copy of any Instrument of Apportionment shall be bound upon the application of the Tithe Commissioners to deliver to the said Tithe Commissioners any copy of a confirmed Instrument of Apportionment which shall have been deposited with them respectively.-Sec. 4, 6 & 7 W. IV. c. 71, s. 64.