of the Rent-charge be made and recoverable at the Expiration ⚫ of Six Calendar Months from the Time from which such Lands ' are discharged from the Payment of Tithes; and by an Act 2 & 3 Vict. c.62. passed in the last Session of Parliament the Commissioners ap- s. 10. pointed under the said first-recited Act are enabled by their Award, and the Land Owners and Tithe Owners by Supple'mental Agreement, in like Manner to fix the Period at which 'any Rent-charge shall commence: And whereas, after an Agree'ment for or Award of Rent-charge has been made and confirmed 'by the said Commissioners, much Delay is often occasioned in 'settling and adjusting the Apportionment before the same can be confirmed by the Commissioners; and, to avoid the Loss of the Proportion of Tithes or Composition for the Period inter'vening between the Expiration of any former Agreement or Composition and the Commencement of such Rent-charge, the 'Tithe Owner is compelled to have recourse to taking Tithes in Kind, or to a Suit in Equity; and in other Cases, by reason of the Lands so remaining subject to Tithes, or Composition for Tithes, during such Period, such Tithes continue to be taken in Kind, or may be so taken on the Determination of any Com'position existing at the Date of such Agreement or Award, "notwithstanding that the Parties have agreed for, or the Commissioners awarded, the Sum which under the Provisions of the said Acts ought to be taken as the permanent Rent-charge payable instead of such Tithes; and great Hardship is thereby occasioned, contrary to the Spirit and Intent of the said Acts: And whereas it is expedient to make Provision for Remedy thereof, and otherwise to explain and amend the said recited 'Acts, in manner herein-after mentioned:' Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That in every Case where an annual Sum by way of Power to deRent-charge shall have been fixed in any Parish, instead of the clare Lands disTithes of such Parish, either by Agreement or Award, it shall be charged from lawful for the said Commissioners, by a Declaration in Writing Tithes in cerunder their Hands and Seal of Office, or the Hands of any Two Confirmation of of them, at any Period after the Confirmation of any such Agree- the Award or ment or Award respectively, and before the Confirmation of the Agreement for Apportionment to be made in respect of the Rent-charge so fixed, gross Rentupon the Application in Writing of any Land Owner or Occupier, charge. and upon such Security being given to the said Commissioners as they shall in their Discretion think sufficient for the due Payment to the Parties entitled thereto of such Rent-charge from the Day to be fixed in such Declaration, to declare that the Lands in such Parish shall be discharged from the Liability to Payment or Render of Tithes, or Composition or Rent in the Nature thereof instead of Tithes, and that instead thereof the annual Payment or Rent-charge so fixed by any such Award or Agreement respectively shall be paid to the Person entitled to the same by halfyearly Payments, commencing and calculating from such Day of Discharge named in such Declaration as aforesaid: Provided As to the Time always, that the Day to be fixed in such Declaration of the said of commencing Commissioners as aforesaid shall, in every Case in which such Rent C 3 tain Cases after any charge. Agreement Intermediate Payments, &c. to be deducted. Leases of before 25th March not to be affected by this Act. Agreement for a Composition or Rent in the Nature thereof instead of Tithes shall be in force at the Time of making such Application to them as aforesaid, be the Day on which such Composition or Rent shall determine, and in every other Case shall be either the First Day of January, the First Day of April, the First Day of July, or the First Day of October, either before or after the Day on which the Agreement or Award fixing the Amount of such Rent-charge shall bear Date, as to the said Commissioners shall appear most just and equitable: Provided also, that when such Period of Discharge shall have been fixed to take effect from any of such Days preceding the Date of such Agreement or Award, the said Commissioners shall cause due Inquiry to be made, and shall allow and deduct from the first Payment to be made under such Security the Value of any Tithes which shall have been rendered in Kind, and the Amount of any Payment in respect of Tithes, or Composition or Rent as aforesaid, which shall have been made between such Day and the Date of such first Payment of Rent-charge. II. Provided also, and be it enacted, That nothing in this Act Tithes granted shall extend or be construed to extend to annul or make void any Lease or Leases of Tithes granted before the Twenty-fifth Day of March, and which shall end or determine on or before the First Day of January next; and that in any Parish or Place where such Lease or Leases shall have been granted as aforesaid, no Tithe Payer shall be at liberty to make the Application hereby authorized to be made, until after the Expiration of such Lease or Leases respectively, except in respect of Lands the Tithes whereof are not included in such Lease. Notice of De claration to be published. Provision for Land Owner paying esti mated Proportion of Rentcharge in aid of Security. III. And be it enacted, That the said Commissioners shall, within Ten Days after the Receipt of such Application, cause Notice thereof to be given to the Tithe Owner to whom such Rent-charge will be payable, and shall cause Notice of such Declaration to be twice published in some Newspaper having Circulation in the County where such Parish is situated within Twenty-one Days from the Date of such Declaration, and from and after the Expiration of such Twenty-one Days all the Provisions of the said recited Acts applicable to the Rent-charge payable after the Confirmation of the Apportionment shall be applicable to the Rent-charge payable by virtue of the Provisions herein-before contained from the Period fixed by any such Decla ration. IV. And be it enacted, That if any Owner of Lands so discnarged from such Liability shall be desirous of paying, in exoneration of such Security, the Proportion of Rent-charge to which the whole of such Lands, whether in his own Occupation or in the Occupation of any Tenant, shall be liable, it shall be lawful for such Owner to apply in Writing to the Valuer or Valuers appointed to apportion such Rent-charge, at any Time after they shall have subscribed the Declaration required in that Behalf in the said first-recited Act, and before the Confirmation of the Apportionment, and to demand of such Valuer or Valuers a Statement of the probable Amount of such Proportion, and such Valuer or Valuers shall and he or they is or are hereby required to furnish the same accordingly, and shall distinguish therein the probable Amount Amount to which the whole of the Lands in the Occupation of any Tenant under such Owner would be liable; and on Receipt thereof such Owner may cause a Copy of such Statement, or an Extract of such Parts thereof as shall relate to the Lands in the Occupation of any Tenant, who, but for such Declaration of Discharge, would be liable to the Render or Payment of Tithe in respect of such Lands, to be served on such Tenant by leaving the same at his usual Place of Abode, with an Undertaking subscribed thereto by such Owner to pay the Amount set forth in such Statement in aid or exoneration of such Security; and in every such Case such Tenant shall thenceforward be liable to pay to such Owner, by way of additional Rent, such estimated Proportion at the half-yearly Days of Payment fixed in the Award or Agreement for Payment of Rent-charge; and such Owner shall be entitled to demand and recover the same as Rent by all the usual Remedies for Recovery of Rent in arrear, until the halfyearly Payment falling due next after the Confirmation of the Apportionment: Provided always, that it shall be lawful for any such Land Owner or Tenant, at any Time within Six Months after the Date of such Confirmation, to apply to the said Commissioners to take an Account of the Amount paid by any such Tenant, and certify the Amount of the Difference, if any, between the Amount so paid and the Amount of Rent-charge calculated as finally apportioned on such Lands for the same Period as such estimated Amount has been paid, and if the Rent-charge finally apportioned shall be greater than the Amount so paid it shall be lawful for such Owner to demand and recover the Difference accordingly; but if such Tenant shall have paid more than the Amount of such Rent-charge, then it shall be lawful for such Tenant, or (in case of his Death) for his Executors or Administrators, to deduct the Excess so verified as aforesaid from the next Payment of Rent accruing after the Date of such Certificate: Provided also, that in the event of the Expiration or other sooner Determination of the Period of Tenancy before the Confirmation of the Appointment such Excess shall be deemed a Debt due to the Tenant, his Executors or Administrators, and shall be recoverable in an Action of Debt to be brought against such Land Owner as aforesaid, or his personal Representatives. V. And be it enacted, That in every such Case the Production of such Certificate as aforesaid, or of an Office Copy thereof sealed or stamped with the Seal of the said Commissioners, shall be sufficient Evidence of the Right to recover or retain the Amount or Excess in Payment which shall appear by such Certificate to have been made by the Land Owner or his Tenant respectively. VI. And whereas it may happen that a Tenant, being an Occu 'pier of Lands, who shall, by virtue of the Provisions of the said 'first-recited Act, be entitled to deduct the Amount of any Rent'charge from the Rent payable by him to his Landlord, may be ' desirous of paying, in exoneration of such Security as aforesaid, 'the Proportion of Rent-charge to which the Lands in his Occu'pation shall be liable;' be it enacted, That, upon the Application in Writing of any such Tenant, the Valuer or Valuers shall, in like Manner as aforesaid, furnish to such Tenant a Statement of the probable Amount of such Proportion of Rent-charge as aforesaid, Certificate of Commissioners to be Evidence of Right of Recovery, &c, Provision for his Landlord) portion of Rentcharge in aid of Security. Provision for Recovery of such Rentcharge from Security for same. and on Receipt thereof the Tenant may cause a Copy of such Statement to be served on his Landlord by leaving the same at his usual Place of Abode, accompanied by a written Notice of his Intention to undertake the Payment of such Proportion of Rent-charge as aforesaid; and in case the Land Owner shall not, within Twenty-one Days after the Service of such Copy and Notice, undertake, by some Writing subscribed by him, or his Agent lawfully authorized, and served in like Manner as aforesaid upon the Tenant, to pay the Amount set forth in such Statement, it shall be lawful for the Tenant to undertake the Payment thereof, and from Time to Time to deduct the Amount paid by him from his Rent until the Period at which the half-yearly Payment of Rentcharge to be made next after the Confirmation of the Apportionment shall have become due: Provided always, that in every such Case the Provisions herein-after contained for taking Accounts between the Person who shall have given such Security as aforesaid and the Owners of Lands subject to the Rent-charge shall be applicable to the Case of every such Land Owner from whose Rental such Deductions shall have been made as aforesaid. VII. And be it enacted, That in every such Case, if the Person liable under such Security shall not make due Payment to the Person entitled to the same according to the Tenor of such Security, it shall be lawful for the said Commissioners, from Time to Persons giving Time, as and when any half-yearly Payment of such Rent-charge shall accrue, and the same or any Part thereof shall remain unpaid for the Space of Twenty-one Days from any Day fixed for Payment thereof, and notwithstanding Execution shall have been previously issued in respect of any former Arrears, to sue for and recover any such half-yearly Payment, or so much thereof as shall from Time to Time remain unpaid in respect thereof, against the Person liable under such Security, by taking out a Summons, returnable before a Judge of any of the Superior Courts of Common Law, to compute what is due in respect of such Rent-charge; and it shall be lawful for any Judge of such Courts, on hearing the Parties, or such of them as shall appear, and on Production of such Security, and Proof by Affidavit of the Amount so due as aforesaid, and of the Service of such Summons on such Person or on any Occupier of any of the Lands of such Person in any such Parish, by Delivery of the same personally, or by leaving the same at his Place of Abode, to order that it be referred to the Masters of the Court to compute what is due in respect of such Security, and to tax the Costs of such Application, and all such Orders shall have the Effect of Judgments in the Superior Courts of Common Law in like Manner as Rules of such Courts, and Execution may issue accordingly, and such Security shall be available against such Person liable under the same up to and including the half-yearly Payment accruing due next before the Confirmation of such Apportionment, and shall be in full Force notwithstanding any Change in the Party entitled to such Rent-charge. Remedy for the Land Owner against whom Execution has issued. VIII. And be it enacted, That in every such Case the said Commissioners shall make due Inquiry as to any Payment of Rentcharge made by any such Person in respect of such Security previous to the Confirmation of the Apportionment of such Rentcharge, and shall endorse on such Apportionment a Certificate of such such Payment, and that the Parties entitled to such Rent-charge have been duly paid the Amount thereof according to the Tenor of such Security; and such Person shall thereupon, after the Confirmation of such Apportionment, be entitled to recover the Amount specified in such Certificate as having been paid by him, against the Lands of the said Parish subject to such Rent-charge, in the Proportions fixed for Payment of Rent-charge by such Apportionment, by Distress and Entry on such Lands respectively, and shall have the like Remedies or Modes of Recovery as are given to Owners of Rent-charge for Recovery thereof in the said recited Acts or any of them: Provided always, that if the Owner or Oc- Provision for cupier of any such Lands shall have contributed to the Payment of taking Accounts such Rent-charge, or of any Part thereof, or of the Arrears between the Person giving thereof, under such Security, or in exoneration thereof, it shall be Security and the lawful for him to take out a Summons, returnable before any Judge Land Owners as aforesaid, to stay any Proceedings taken by the Person liable liable to conunder such Security as aforesaid, for the Purpose of taking an tribute thereto. Account of what he shall have so contributed or paid in respect of such Rent-charge or Arrears; and it shall be lawful for any Judge as aforesaid to refer it to the Masters of the Court to take such Account and make all just Allowances between the Parties; and if, on taking such Account, such Owner or Occupier shall be found to have paid his due Proportion, or any Amount exceeding the same, according to the proportionate Amount of Rent-charge fixed on such Lands, then it shall be lawful for any Judge as aforesaid to stay Proceedings, and order Payment, by the Person liable under such Security, of the Amount, if any, so overpaid by such Owner or Occupier, as the Case may require, and every such Order shall have the Effect of a Judgment as aforesaid; but if on taking such Account the whole or any Balance shall be found due from such Owner or Occupier, then it shall be lawful for such Judge to allow the same against such Owner or Occupier, whose Lands shall thereupon be liable to the Repayment thereof to the Person liable under such Security, and who shall be entitled to the said Remedies in respect thereof accordingly; and the Cost of every such Proceeding shall be in the Discretion of the Judge hearing the same, and shall be added to the Amount found due on such Order, if he shall see fit so to direct: Provided also, that Period for no such Security shall be available by the Person liable under which Security the same against any such Lands for more than Two Years Payment or Arrear of such Rent-charge, unless the said Commissioners Owners. shall, previous to the Expiration of Two Years from the Date of such Security, have enlarged the Operation thereof for any Period not exceeding Twelve Months, by Endorsement thereon, under their Hands or the Hands of any Two of them, and which they are hereby authorized to do if they shall so think fit. to be available against such Arrears may be recovered as if IX. And be it enacted, That if such Security shall be insufficient If Security to meet the full Amount of Payments which shall accrue due in insufficient, respect thereof, or the Person liable under the same shall fail to make good the Amount due thereon by the Space of Twenty-one accruing after Days next after the Date of the Confirmation of the Apportion- Apportionment. ment of such Rent-charge, it shall be lawful for the Person entitled to the Benefit thereof to recover the same against the Lands of the said Parish subject to such Rent-charge, in the Proportions |