And every tenant or occupier who shall occupy any lands by any lease or agreement made subsequently to the commutation.-sec. 80. 100. Occupiers who shall pay the rates on the Rent-Charge, are to deduct the amount from their rent as before stated. (Nos. 54 and 55.) par 101. It is now, however, usual for occupiers to agree with their landlords to bear and pay the RentCharge; but where this is the intention of the ties, the agreement should extend "to a proportion for the time which shall have elapsed of the current half-year at the expiration of the tenancy;" as otherwise there may be some doubt whether if a tenancy expire, for instance, on the 25th of March, and the half-year's Rent-Charge become due on the 1st of April, the tenant would be compellable to pay any part of that half-year's Rent-Charge. 102. On the other hand, the tenant, before entering into an agreement to pay the Rent-Charge, should ascertain that the land he is about to rent, is not included with other lands in one amount of RentCharge; cases frequently occurring of occupiers taking a small parcel of land, and being called on for the Rent-Charge payable for a large field; or on taking one or two fields, being compelled to pay the Rent-Charge of a whole farm: he should also ascertain that the Rent-Charge is paid up to the time of his taking possession, or stipulate that an allowance be made in respect of it, in case he is called on for the payment. 103. In all cases of purchases of lands, an inquiry as to the amount of the Rent-Charge upon them, and whether they are included with other premises in the Charge, should be made; and the last receipt for the Rent-Charge should be required to be produced by the vendor. THE clauses in the Tithe Commutation Acts relating to the remedies for enforcing payment of the RentCharge being important, and the principal object of the present book, they will be given fully. They are the following: 6 & 7 William IV. c. 71. 104. Lands to be discharged from tithes, and RentCharge paid in lieu thereof. Sec. 67. And be it enacted, that from the 1st day of January next following the confirmation of every such Apportionment [see ante, Nos. 63, 64, 65], the lands of the said parish shall be absolutely discharged from the payment of all tithes, except so far as relates to the liability of any tenant at rack-rent dissenting, as hereinafter provided, and instead thereof there shall be payable thenceforth to the person in that behalf mentioned in the said Apportionment, a sum of money equal in value according to the prices ascertained by the then next preceding advertisement, to the quantity of wheat, barley, and oats respectively mentioned therein, to be payable instead of the said tithes [see No. 33], in the nature of a Rent-Charge issuing out of the lands charged therewith; and such yearly sum shall be payable by two equal half-yearly payments on the 1st day of July, and the 1st day of January in every year, the first payment, except in the case of barren reclaimed lands, as hereinafter provided, being on the 1st day of July next, after the lands shall have been discharged from tithes as aforesaid [see Nos. 64, 65], and such Rent-Charge may be recovered at the suit of the person entitled thereto, his executors or administrators, by distress and entry, as hereinafter mentioned; and after every 1st day of January, the sum of money thenceforth payable in respect of such Rent-Charge, shall vary so as always to consist of the price of the same number of bushels and decimal parts of a bushel of wheat, barley, and oats respectively, according to the prices ascertained by the then next preceding advertisement; and any person entitled from time to time to any such varied Rent-Charge, shall have the same powers for enforcing payment thereof as are herein contained concerning the original Rent-Charge: Provided always, that nothing herein contained shall be taken to render any person whomsoever, personally liable to the payment of any such Rent-Charge. 105. When Rent-Charge is in arrear for twenty-one days after half-yearly days of payment, the person entitled thereto may distrain. Sec. 81. And be it enacted, That in case the said Rent-Charge shall at any time be in arrear and unpaid for the space of twenty-one days next after any halfyearly day of payment, it shall be lawful for the person entitled to the same, after having given or left ten days' notice in writing at the usual or last known residence of the tenant in possession, to distrain upon the lands liable to the payment thereof, or on any part thereof, for all arrears of the said RentCharge, and to dispose of the distress when taken, and otherwise to act and demean himself in relation thereto as any landlord may for arrears of rent reserved on a common lease for years; provided that not more than two years' arrears shall at any time be recoverable by distress. 106. When Rent-Charges are in arrear for forty days after half-yearly days of payment, and no sufficient distress on the premises, writ to be issued, directing sheriff to summon jury to assess arrears. Sec. 82. And be it enacted, That in case the said Rent-Charge shall be in arrear and unpaid for the space of forty days next after any half-yearly day of payment, and there shall be no sufficient distress on the premises liable to the payment thereof, it shall be lawful for any judge of His Majesty's Courts of Record at Westminster, upon affidavit of the facts, to order a writ to be issued, directed to the sheriff of the county in which the lands chargeable with the Rent-Charge are situated, required the said sheriff to summon a jury to assess the arrears of RentCharge remaining unpaid, and to return the inquisition thereupon taken to some one of His Majesty's courts of law at Westminster, on a day therein to be named, either in term time or vacation; a copy of which writ, and notice of the time and place of executing the same, shall be given to the owner of the land, or left at his last known place of abode, or with his known agent, ten days previous to the execution thereof; and the sheriff is hereby required to execute such writ according to the exigency thereof; and the costs of such inquisition shall be taxed by the proper officer of the court; and thereupon the owner of the Rent-Charge may sue out a writ of habere facias possessionem, directed to the sheriff, commanding him to cause the owner of the Rent-Charge to have possession of the lands chargeable therewith, until the arrears of Rent-Charge found to be due, and the said costs, and also the costs of such writ, and of executing the same, and of cultivating and keeping possession of the lands, shall be fully satisfied: Provided always, that not more than two years' arrears over and above the time of such possession shall be at any time recoverable. 107. Account, how to be rendered. Sec. 83. And be it enacted, That it shall be lawful for the court out of which such writ shall have issued, or any judge at chambers, to order the owner of the Rent-Charge who shall be in possession by virtue of such writ, from time to time to render an account of the rents and produce of the lands, and of the receipts and payments in respect of the same, and to pay over the surplus (if any) to the person for the time being entitled thereunto, after satisfaction of such arrears of Rent-Charge and all costs and expenses as aforesaid, and thereupon to order a writ of superse |