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These several Acts to amend the original Act (except the last one) are directed to be construed with, and as part of the first Act as amended by the several Acts for the amendment thereof.-7 Wm. IV. & 1 Vic. c. 69. s. 14. 2 & 3 Vic. c. 62. s. 37. 3 & 4 Vic. c. 15. S. 29. 5 & 6 Vic. c. 54. s. 20. 9 & 10 Vic. c. 73. s. 20. 23.

9. By virtue of the first of these statutes (6 & 7 Wm. IV. c. 71), Tithes may be commuted for a RentCharge, either by a voluntary parochial agreement, executed by the land-owners and tithe-owners, whose interest in the lands and tithes of the parish are not less than two-thirds of the lands subject to tithes, and two-thirds of the tithes, sec. 17-19, and confirmed by the Tithe Commissioners, sec. 27; or by the compulsory award of the Commissioners, sec. 36, et seq.

10. The Rent-Charge thus created is apportioned among the lands of the parish by an instrument of apportionment confirmed by the Tithe Commissioners, sec. 53, et seq.

11. The Rent-Charge is directed by the statute to issue out of the lands charged therewith; and may be recovered by distress and entry, as mentioned in the Act, sec. 67.

12. For carrying out the objects of the commutation, supplemental parochial agreements, or supplemental awards, or an agreement after an award, or an award after an agreement, may be made.-7 Wm. IV. & 1 Vic. c. 69. s. 11. 2&3 Vic. c. 62. s. 8—13. 3 & 4 Vic. c. 15. s. 11-16. 5 & 6 Vic. c. 54. s. 3.

6. 9 & 10 Vic. c. 73. s. 16.

13. The word "parish" or "parochial" in the Acts, means every parish and every extra-parochial place, and every township or village within which overseers of the poor are separately appointed under the 13 & 14 Car. II. c. 12, and every district of which the tithes are payable under a separate impropriation or appropriation, or in a separate portion or parcel, or which the Commissioners shall by any order direct to be considered as a separate district for the Commutation of Tithes, 6 & 7 Wm. IV. c. 71. s. 12. And the Commissioners are empowered to declare that lands as to which doubts have arisen shall be considered a separate district for Commutation, and the residue of the parish to remain subject to the original agreement or award, 9 & 10 Vic. c. 73. s. 16.

14. The provisions for commutation extend to all uncommuted tithes, portions and parcels of tithes, and all moduses, compositions real, and prescriptive and customary payments, 6 & 7 Wm. IV. c. 71. s. 12. And, by parochial agreement, Easter offerings, mortuaries or surplice fees, or the tithes of fish or fishing, or mineral tithes may also be commuted. -sec. 90. 2 & 3 Vic. c. 62. s. 9.

15. But, unless by special provision in a parochial agreement, and specially approved by the Commissioners (in which case the same shall be valid), the Acts do not extend to personal tithes other than the tithes of mills, to any payment in lieu of tithes arising within the city of London, or in any city or town under any custom or private Act of Parliament, or to any lands or tenements, the tithes whereof have been commuted or extinguished under any Act of Parliament. sec. 90.

SECTION II.

Of the Agreement or Award.

16. THE Agreement or Award, after stating the total quantity of lands within the parish subject to tithes, and their different modes of cultivation, and any moduses or exemptions from tithes, fixes the total sum to be paid by way of Rent-Charge in lieu of tithes, and to whom and in what right, s. 21. 50. But, in some cases, the award of the Rent-Charge may be made to the tithe-owners by general description. -2 & 3 Vic. c. 62. s. 24.

17. The tithes of hops, fruit, and garden produce, or coppice, or of mixed plantations of hops and fruit within the parish, or a district to be assigned by the Commissioners, may be separately valued, 6 & 7 Wm. IV. c. 71. s. 40, 41. 2 & 3 Vic. c. 62. s. 32; or the parties to a parochial agreement may assign a district in respect of hop-grounds, 2 & 3 Vic. c. 62. s. 33; or the parties to a parochial agreement, or the Commissioners by award, may declare an extraordinary charge per acre for hop-grounds and marketgardens. 3 & 4 Vic. c. 15. s. 18.

18. The tithes of glebe lands, or of lands having been the possessions of any privileged order, may also be separately valued, s. 43 of the original Act. So also crown lands of the tenure of ancient demesne, or otherwise partially exempt from tithes.-2 & 3 Vic. c. 62. s. 12.

19. The agreement or award may fix the sum to be paid in consideration of the time (if any) which may intervene between the termination of any previous composition for tithe and the commencement of the Rent-Charge; or it may fix the period from which the lands are to be discharged from tithes.7 Wm. IV. & 1 Vic. c. 69. s. 10, 11. 2 & 3 Vic. c. 62. s. 10. 3 & 4 Vic. c. 15. s. 11, 13.

20. A parochial or individual agreement may also be entered into, for giving not exceeding twenty imperial acres of land in lieu of tithes.-6 & 7 Wm. IV. c. 71. s. 29. 62.

21. The tithes of lammas and common lands may be specially commuted.-2 & 3 Vic. c. 62. s. 13. 3 & 4 Vic. c. 15. s. 15.

22. A fixed Rent-Charge may be substituted for a contingent one where lands are partially exempt from tithes.-2 & 3 Vic. c. 62. s. 11, 12. 3 & 4 Vic. c. 15. s. 14.

23. The tithes in certain cases may be merged in the inheritance of the lands.-6 & 7 Wm. IV. c. 71. s. 71. 1 & 2 Vic. c. 64. 2 & 3 Vic. c. 62. s. 6. 9 & 10 Vic. c. 73. s. 18, 19.

24. The Commissioners may determine disputes as to right to tithes, and questions of moduses, and exemptions, and of boundaries of lands subject to appeal, 6 & 7 Wm. IV. c. 71. s. 45, 46. 7 Wm. IV. & 1 Vic. c. 69. s. 2, 3. 2 & 3 Vic. c. 62. s. 34. 3 & 4 Vic. c. 15. s. 28. 9 & 10 Vic. c. 73. s. 21. And may define glebe lands or exchange them for other lands, 5 & 6 Vic. c. 54. s. 5. 9 & 10 Vic. c. 73. s. 22. But they have no jurisdiction to decide

who is the party entitled to receive the Rent-Charge, Edwards v. Bunbury, 3 Gale & D. 229. 3 Ad. & E. N. S. 885.

25. Where the amount of the Rent-Charge does not exceed 157., the same may be redeemed before apportionment, with the consent of the tithe-owner.9 & 10 Vic. c. 73. s. 1.

SECTION III.

Of the Apportionment.

26. The Instrument of Apportionment is engrossed on parchment, the map or plan of the parish being annexed; and is also confirmed by the Tithe Commissioners, under their hands and seal, who add thereto the date of the confirmation.-6 & 7 Wm. IV. c. 71. s. 63.

27. This original Instrument of Apportionment is deposited at the office of the Tithe Commission, sec. 63. Two copies are made, and sealed with the seal of the Commissioners, and one copy is deposited in the Registry of the diocese, and the other copy deposited with the Incumbent and Church or Chapel Wardens of the parish, or such other fit persons as the Commissioners shall approve, to be kept with the public writings of the parish-sec. 94. But the place of deposit of the latter copy may be altered by Quarter Sessions.-9 & 10 Vic. c. 73. s. 17.

28. All persons interested may have access to, and be furnished with copies of, or extracts from any such copy on reasonable notice, and on the payment

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