Security to be free of Stamp Duty. Extension of Power to fix after Determi nation of Composition. 2&3 Vict. c.62. s. 10. fixed in such Apportionment, by the said Remedies or Modes of Recovery given by the said recited Acts, or either of them, in respect of Rent-charge fixed under any confirmed Apportionment, in like Manner as if the Amount so due and in arrear had accrued subsequent to the Confirmation. X. And be it enacted, That every Security taken by the said Commissioners, by virtue of the Provisions of this Act, and every Assignment thereof, shall be free of Stamp Duty. XI. And whereas by the lastly-recited Act the said Commissioners are empowered, by any Award, or by a Supplemental Sum to be paid Award, after a Parochial Agreement, in certain Cases, and under ⚫ certain Provisions, to fix the Sum to be paid in consideration of the Time, if any, which may intervene between the Termination of any previous Agreement or Composition for Tithes and the Time at which any such Rent-charge shall commence; and it is expedient to extend such Power in manner herein-after mentioned;' be it enacted, That it shall be lawful for the said Commissioners, at any Time before the Confirmation of the Apportionment of any Rent-charge, to exercise the said Powers so given to them for fixing the Sum to be paid for such intervening Time as aforesaid, by a Supplemental Award after an Award. Particulars to be specified as to Payment of such Sum. Extension of Power to fix Commencement XII. And be it enacted, That when any such Sum shall be fixed to be paid in consideration of such intervening Time as aforesaid, either by Parochial Agreement or Supplemental Agreement, or by Award or Supplemental Award, the Parties by and to whom such Sum is to be paid, and the Lands in respect of which the same shall be payable, as also the proportionate Amount to be paid by each Party, shall be specified and set forth in the Instrument fixing such Sum, or in the Instrument of Apportionment to be made in pursuance thereof; and in default thereof such Sum shall be payable by and to the Parties and in the Proportions fixed in such Apportionment in respect of the Rent-charge therein provided for. XIII. And whereas by the said lastly-recited Act the said ⚫ Commissioners are enabled by their Award, and the Tithe Owners ' and Land Owners by a Parochial Agreement after an Award, are enabled to fix the Period at which the Rent-charge shall commence, and it is expedient to extend such Power in manner herein-after mentioned;' be it enacted, That it shall be lawful for the Commissioners, by Supplemental Award, to exercise the Powers so given to them for fixing the Period at which any Rentcharge shall commence, as well after an Award as after a Parochial Agreement, where the same shall not have been previously fixed by any such Award or Agreement, or by any Supplemental Award or Agreement, under the said recited Acts, or either of them, or this Act: Provided always, that where the said Commissioners shall not have fixed that the Period at which any Rent-charge shall commence shall be the First Day of January next following the Confirmation of the Apportionment, such Period shall be fixed by them on the First Day of January preceding such Confirmation, or on the First Day of April, the First Day of July, or the First Day of October preceding or following such Confirmation, whichever of such Days may happen nearest to the Termination of any previous Agreement or Composition, or of any customary Year Year of Tithing in the Parish or District to which such Rent-charge shall relate: Provided also, that when any Period of Commencement shall have been so fixed by the said Commissioners in any Award or Supplemental Award, or any Day preceding the Date thereof, the Commissioners shall cause due Inquiry to be made as to the Value of any Tithes rendered in Kind, and the Amount of any Payment in respect of Tithe which shall have been made, subsequent to such Period of Commencement, and prior to the first Day fixed for Payment of such Rent-charge, and shall take into account and allow such Value or Amount to be deducted from such Payment accordingly. XIV. And whereas by the said lastly-recited Act Powers are Extension of 'given to Land Owners and Tithe Owners, and also to the said Powers to substitute fixed Commissioners, to substitute a fixed Rent-charge in certain Rent-charge 'Cases instead of a contingent Rent-charge, where Lands are par- instead of con'tially exempted from the Payment of Tithes or Rent-charge by tingent Rent'reason of having been Parcel of the Possessions of a privileged charge. Order, and it is desirable to extend such Powers in manner 2 & 3 Vict. c. 62. ' herein-after mentioned;' be it enacted, That such Power shall s. 11. extend to all Cases where by reason of Lands being partially exempted from the Payment of Tithes, by Custom or otherwise, or by being subject to a shifting or leaping Modus, or other customary Payment, or rendered due only on certain Contingencies, a contingent Rent-charge has been already fixed, or would, according to the Provisions of the said firstly-recited Act, be fixed in respect of such Lands; and it shall be lawful for the said Commissioners, with such Consent of both Land Owners and Tithe Owners as in the said lastly-recited Act is required in that respect, at any Time before the Confirmation of the Apportionment of any Rent-charge, by any Award or by a Supplemental Award, where an Award or Parochial Agreement has been made before the passing of this Act, or for the Land Owners or Tithe Owners, by a Parochial Agreement or Supplemental Agreement where a Parochial Agreement or Award has already been made in respect of such Lands, to exercise such Powers, in such Manner and subject to the same Conditions as are given by the said lastly-recited Act in Cases of Lands formerly Part of the Possessions of a privileged Order: Provided always, and it is hereby declared, that nothing herein contained extends to Cases of Change of Cultivation only, nor to Cases of Prescription relating to Woodland. XV. And whereas by the said lastly-recited Act certain Pro- Extension of 'visions are made and Powers given in respect of the Tithes of Powers in reLammas and Common Lands, which Powers are to be exercised spect of Lammas and Comby the Land Owners and Tithe Owners by Parochial Agreement, mon Lands. or by a Supplemental Agreement after a Parochial Agreement, 2&3 Vict. c. 62. and by the Commissioners by compulsory Award, or by a Sup- s.13. 'plemental Award after an Award;' be it enacted, That such Provisions may be carried into effect and such Powers exercised at any Time before the Confirmation of the Apportionment of any Rentcharge, by the Land Owners and Tithe Owners by a Supplemental Agreement after an Award, or by the Commissioners by Supplemental Award after a Parochial Agreement. XVI. And be it enacted, That in every Case where it shall be Commissioners the Intention of the Commissioners to proceed in any Parish under to give Notice this to proceed by Supplemental Extension of 2&3 Vict. c. 62. Power for Par ties to Parochial Agreement, and for Commissioners, to declare the Amount of extraordinary Charge to be payable in re spect of Hop Grounds, &c. Extraordinary need not be dis this Act by Supplemental Award after a Parochial Agreement, either to fix the Period of the Commencement of such Rent-charge or to carry into effect the Provisions and Powers of the said lastlyrecited Act in respect of the Tithes of Lammas and Common Lands, they shall cause the like Notice of their Intention to be given in such Parish as is required by the said first-recited Act in the Case of an Award; and if at any Time after giving such Notice, and before the Expiration thereof, any Proceedings shall be had under the said recited Acts, or either of them, or this Act, by the Land Owners and Tithe Owners in such Parish, towards making and executing any Parochial Agreement or Supplemental Agreement in respect of the Matters specified in such Notice, the Commissioners shall refrain from acting on the same until the Result of such Proceeding shall appear. XVII. And be it declared and enacted, That so much of the said lastly-recited Act as relates to the vesting of an Estate of Inheritance as to any Lands in any Ecclesiastical Tithe Owner and his Successors, notwithstanding the same be made by any Corporation Sole or Aggregate, or any Trustees or Feoffees for charitable Purposes, otherwise restrained from or incapable of making any such valid Conveyance or Assurance, extends to Churchwardens and Overseers, or to Trustees or Feoffees of Parish Property, or of Property held by or vested in such Trustees or Feoffees for parochial or other Uses or Purposes in the Nature of a parochial or public Trust. XVIII. And be it enacted, That in any Case where the Parties to a Parochial Agreement, or the Commissioners in the Case of an Award, shall have proceeded, according to the Provisions of the said recited Acts, to ascertain and fix a Rent-charge in any Parish wherein any of the Lands shall at the Time of making such Agreement or Award be cultivated as Hop Grounds or Market Gardens, and in case of proceeding by Award when Notice shall have been given that the Tithes of any of the Lands so cultivated should be separately valued, it shall be lawful for the said Parties to declare in such Agreement, or for the said Com. missioners to declare in such Award, the Amount of extraordinary Charge per Acre to be in future payable in respect of Hop Grounds and Market Gardens respectively in such Parish or any District therein; and the Rent-charge mentioned in every such Agreement or Award respectively shall, subject to the Addition of such acreable extraordinary Charge, consist of the Amount agreed for or awarded in respect of the Tithes in such Parish, other than the Tithes of the Lands cultivated therein as Hop Grounds and Market Gardens respectively, and the ordinary Charge in respect of the Lands so cultivated as Hop Grounds and Market Gardens respectively added thereto : Provided always, that no such extraordinary Charge shall be payable in respect of any such Hop Grounds and Market Gardens during the First Year, and only Half such extraordinary Charge during the Second Year, in which they shall be newly cultivated as such, whether such new Cultivation shall have commenced before or after the making of such Parochial Agreement or Award as aforesaid. XIX. And be it enacted, That it shall not be necessary to distinguish in any Apportionment the Amount of extraordinary Rent charge ment. charge to be charged upon the Lands of each individual Land tinguished on Owner which shall be cultivated as Hop Grounds, Market Gar- separate Lands dens, Orchards, Fruit Plantations, or mixed Plantations of Hops in Apportionand Fruit, provided that the acreable Amount of extraordinary Charge for all the Lands so cultivated respectively in any District which shall have been assigned, or in any Parish where any extraordinary Rent-charge shall have been declared, previous to the Confirmation of the Instrument of Apportionment, shall be inserted therein. XX. And be it declared and enacted, That every half-yearly How halfPayment of Rent-charge under the said recited Acts, or either of yearly Paythem, or this Act, shall from Time to Time be regulated by the ments of RentAverages, published under the Provisions of the said first-recited charge to be regulated. Act in the Month of January next preceding every such half-yearly Day of Payment. Close, &c. XXI. And be it enacted, That unless a Majority in Value of Instrument of the Owners of Lands included in any Apportionment shall, by Apportionment Writing under their Hands, request the Commissioners to omit to distinguish the same, the Instrument of Apportionment shall distinguish the the Amount of Rent-charge Amount or Portion of Rent-charge payable in respect of the payable in reseveral Closes of the said Lands, and such Closes shall be laid spect of each down in the Map or Plan annexed to such Apportionment: Provided always, that nothing in this Provision contained shall apply to any Instrument of Apportionment the Valuers for effecting which shall have been appointed previous to the passing of this Act; and no such last-mentioned Instrument of Apportionment shall be deemed invalid if made in conformity with the Instructions given to the Valuers for making the same, although the Amount of Rent-charge payable in respect of the several Closes of Land shall not have been distinguished therein, nor such Closes laid down in the Map or Plan annexed thereto. XXII. And be it enacted, That every Occupier whose Lands For Recovery or Goods shall be liable to Distress in respect of any Expences of Expences in chargeable under the said recited Acts or either of them, or this certain Cases. Act, against any Landlord or Lessor of the Lands in his Occupa tion, shall be entitled to recover the Amount of any such Expences which he shall pay, with Interest on such Payment from Time to Time at Four per Centum per Annum, and may deduct the same from any Rent or Renewal Fines payable to such Landlord or Lessor; and where the Estate of such Landlord or Lessor in the Lands in respect whereof such Payment shall have been made shall be less than an immediate Estate of Fee Simple or Fee Tail, or subject by Settlement to any Uses or Trusts, he shall be entitled to charge such Amount and Interest upon such Estate in like Manner and subject to the same Restrictions and Provisions as are contained in the said recited Acts or any of them in relation to Owners of particular Estates, or of Estates settled to the same Uses and Trusts as the Lands in respect of which such Expences have been incurred respectively. Power to charge Commutation, XXIII. And be it enacted, That every Person, as defined in the said first-recited Act, who is empowered under the said recited Acts or any of them, or this Act, to charge upon his Lands or Rent-charge any Expences of Commutation payable by him, may Cases, on Reexercise such Powers, in the Case of Expences incurred, as well in newal Fines, respect &c. Provision for Books and Do cuments relating to Commutation. 6 & 7 W.4. c.71. s. 10. Gardens or Lawns of small Extent may be exempted from Rent-charge. respect of the Commutation of Tithes payable to him as the Owner thereof as of Tithes to which any Lands whereof he is Owner are liable; and the Word "Lands" shall, in the Construction of the said Acts and of this Act, be construed to extend to and include any Income or Sum receivable by or accruing to such Person from redeemed Land Tax, or from Fines or other Sums of Money payable on the Renewal of any Term or Estate in Lands, Tithes, or Rent-charge holden of or by him to the same Uses and upon the same Trusts as the Lands, Tithes, or Rent-charge in respect of which such Expences of Commutation are incurred. XXIV. And be it enacted, That notwithstanding any thing in either of the said Acts contained, in all Cases where under the said recited Acts or any of them the said Commissioners or any Assistant Commissioner may examine Persons upon Oath, and cause to be produced before them or him all Books and other Documents, as therein mentioned, relating to the Commutation of Tithes, the said Commissioners or Assistant Commissioner may, by Summons under their or his Hand, require the Attendance of and examine any Party interested in the Lands or Tithes of any Parish, or any other Person, and require the Production also of all Deeds and Documents in the Custody or Power of either Party, and allow such Portions only of them to be read as in their or his Judgment shall be thought proper; and also that in all Cases where under the said Acts Parties in a feigned Issue are required to produce to each other, and their respective Attornies or Counsel, at such Time or Place as any Judge may order before Trial, and also to the Court and Jury upon the Trial of such Issue, all Deeds, Books, and other Documents, as in the said Act mentioned, relating to the Matters in Issue in their respective Custody or Power, the Parties shall be obliged to produce only such Documents, and such Portions of them only shall be inspected or read, as the Judge shall think proper, who may order the Parties to discover the Documents in their Possession, upon Oath, if he shall think fit; and it shall be lawful for the Judge, and also for the Commissioners or Assistant Commissioner, in the Cases aforesaid respectively, to direct Copies or Extracts to be taken or furnished of the same Documents, at the Expence of the Person requiring the same, at the Rate of Sixpence for every Common Law Folio: Provided always, that in no Case shall any Person be compellable to produce any Part of the Deeds or Documents in his Possession which relate to the Title to the Property therein referred to, but only such Parts thereof as relate to the Matter immediately in Issue; and such Person may, if he see fit, withhold any such Deeds or Documents, or any Portion thereof, on making an Oath that the Deeds or Documents or Parts thereof so withheld do not relate to the Matter so in Issue as aforesaid. XXV. And whereas in many Cases Tithe Owners have, during the Seven Years of Average prescribed by the said first-recited Act, forborne to take the Tithes of Lands used and occupied as Gardens, Lawns, or the like, or Compositions in lieu thereof, on ' account of such Lands being of small Extent, and the Tithes thereof being of inconsiderable Value:' Be it enacted, That where in such Cases the Tithes of a Parish or District have been commuted, whether by a Parochial Agreement or by a compulsory Award, |