Consideration

Money for Redemption, how payable.

Consideration

paid to Governors of Queen Anne's Bounty.

consideration of which such Rent-charge may be redeemed; and when it shall appear to the Commissioners that Payment or Tender of such Consideration Money has been duly made, it shall be lawful for the Commissioners to certify that such Rent-charge has been redeemed under the Provisions of this Act, and such Certificate shall be final and conclusive: Provided that if any Consideration Money shall be paid for the Redemption of a Rent-charge to a Person not entitled under the Provisions of this Act to receive the same, the Land which was charged with such Rent-charge before the Redemption thereof shall be charged in equity with the Payment of such Consideration Money to the Person rightfully entitled thereto as if the same were Purchase Money for such Land remaining unpaid; but the same Remedies may be had against the Person who shall have wrongfully received such Money as Purchasers are entitled to by the Rules of Law and Equity.

VII. And be it enacted, That where the Person entitled to a Rent-charge redeemable under the Provisions of this Act shall be absolutely entitled thereto in Fee Simple in possession, or shall be enabled to dispose of the Fee Simple in possession independently of the Provisions of this Act, and shall not be a Spiritual Person entitled in respect of his Benefice or Cure, or a Corporation prevented from aliening such Rent-charge otherwise than under the Provisions of this Act, a Payment or Tender to the Person so entitled, or to the proper Officer of the Corporation so entitled, of the Sum of Money certified by the Commissioners as aforesaid, shall be deemed a due Payment of the Consideration Money; and in every other Case the Payment of the Sum of Money so certified according to the Provisions herein-after contained shall be deemed a due Payment of the Consideration Money.

VIII. And be it enacted, That the Consideration Money for for Redemption the Redemption under this Act of any Rent-charge agreed or of Rent-charges awarded to be paid or payable under any Apportionment to any payable to Spiritual Spiritual Person in respect of his Benefice or Cure shall be paid Owners to be to the "Governors of Queen Anne's Bounty for the Augmentation of the Maintenance of the poor Clergy," and such Consideration Money shall be applied and disposed of by the said Governors as Money in their Hands appropriated for the Augmentation of such Benefice or Cure should by Law and under the Rules of the said Governors be applied and disposed of; and the Receipt of the Treasurer of the said Governors shall be a sufficient Discharge for such Consideration Money, and the Person paying the same to such Treasurer shall not be concerned to see to the Application or Disposal thereof.

Consideration

Money, in case

of Owners under Disability, how payable.

IX. And be it enacted, That in all other Cases in which the Person for the Time being entitled to any Rent-charge or apportioned Rent-charge subject to be redeemed under the Provisions of this Act shall be only entitled thereto for a limited Estate or Interest therein, or shall be under any Disability, or shall be a Corporation not authorized to make an absolute Sale of such Rent-charge otherwise than under the Provisions of this Act, the Consideration Money to be paid for the Redemption thereof shall be applied in manner hereafter provided; (that is to say,) shall, at the Option of the Person for the Time being entitled as aforesaid, be paid into the Bank of England in the Name and with the

Privity

Privity of the Accountant General of the Court of Chancery, to be placed to his Account there ex parte the Tithe Commissioners, pursuant to the Method prescribed by any Act for the Time being in force for regulating Monies paid into the said Court, and such Monies shall remain so deposited until the same be applied to some One or more of the following Purposes; (that is to say,) in the Purchase or Redemption of the Land Tax, or the Discharge of any Debt or Incumbrance affecting the Rent-charge in respect of which such Money shall have been paid, or the Tithes for which the same shall have been substituted, or affecting other Hereditaments settled therewith, to the same or the like Uses, Trusts, or Purposes; or in the Purchase of other Lands, to be conveyed, limited, and settled upon the like Uses, Trusts, Purposes, and in the same Manner, as the Rent-charge for Redemption of which such Money shall have been paid stood settled; or in Payment to any Party becoming absolutely entitled to such Money; and such Money may be so applied as aforesaid upon an Order of the Court of Chancery made on the Petition of the Party who would have been entitled to the Receipt of the Rent-charge in respect of which such Money shall have been deposited; and until the Money can be so applied it may, upon the like Order, be invested by the said Accountant General in the Purchase of Three per Centum Consolidated or Three per Centum Reduced Bank Annuities, or in Government or Real Securities, and the Dividends thereof paid to the Party who would for the Time being have been entitled to the Rent-charge in case the same had not been redeemed, or otherwise such Consideration Money may be paid, at the like Option of the Person for the Time being so entitled, to the Trustees acting under the Will, Conveyance, or Settlement under which such Person having such limited Interest shall be entitled to or interested in such Rent-charge, or if there are no such Trustees, then into the Hands of Trustees to be nominated under the Hands and Seal of the said Commissioners; and the Money, when so paid to such Trustees, shall be applied by the said Trustees, with the Consent of the said Commissioners, in the Manner herein-before directed concerning any Money to be paid for Redemption into the Bank of England in the Name and with the Privity of the said Accountant General; and upon every Vacancy in the Office of such Trustee some other fit Person shall be appointed by the said Commissioners in like Manner.

X. Provided also, and be it enacted, That when any Consider- As to Consider ation Money so to be paid as last herein-before mentioned shall ation Money not exceed the Sum of Twenty Pounds for the Redemption of all under 201. the Rent-charge which shall be redeemable under this Act, and shall not be payable to the Governors of Queen Anne's Bounty as aforesaid, the same shall be paid, if the said Commissioners shall so direct, to the Person for the Time being entitled to the Rentcharge, for his own Use and Benefit, or in case of Coverture, Infancy, Idiotcy, Lunacy, or other Incapacity of the Person for the Time being entitled, then such Money shall be paid, for the Use of the Person so entitled, to the Husband, Guardian, Committee, or Trustee of such Person; and in case any Dispute shall arise as to the proper Application, Appropriation, or Investment of any Money according to the Intention of this Act, it shall be lawful

Power to Per

to charge Expences of Redemption.

for the said Commissioners to decide such Question, and their Decision shall be final and conclusive thereon.

XI. And be it enacted, That every Owner of an Estate in Land sons entitled for less than an immediate Estate in Fee Simple or Fee Tail, or limited Interests which may be settled upon any Uses or Trusts, may, with the Consent of the Commissioners, or in such Manner as they shall direct, charge so much of the Consideration Money and other Monies payable in respect of the Redemption of a Rent-charge, or any Part thereof, with Interest after the yearly Rate of Four Pounds by the Hundred upon the Lands of such Owner which would have been subject to such Rent-charge, or to an apportioned Part thereof, but so, nevertheless, that the Charge upon such Land shall be lessened in every Year after the Redemption of such Rent-charge by One Twentieth Part at least of the whole original Charge thereon.

Commissioners
Certificates of
Redemption to
show Amount

of Consideration

for the same.

Alteration of

Apportionment may be made after Inclosure, &c.

XII. And be it enacted, That every Certificate of the Commissioners of the Redemption of a Rent-charge under the Provisions of this Act shall be under the Hands and Seal of the Commissioners, and shall show the Amount of the Consideration Money for the Redemption thereof, and to whom or in what Manner the same shall have been paid; and Copies of every such Certificate shall be made, and sealed with the Seal of the Commissioners, and shall be deposited in the like Custody and in like Manner as by the said first-recited Act is provided concerning every confirmed Instrument of Apportionment; and Copies of and Extracts from any Copy of such Certificate shall be furnished in like Manner as Copies of any Copy of a confirmed Instrument of Apportionment; and every Recital or Statement in any such Certificate or in any sealed Copy thereof, shall be Evidence of the Matters therein recited.

XIII. And be it enacted, That where Lands now charged or hereafter to be charged with Rent-charges or Portions of Rentcharges under confirmed Instruments of Apportionment have been or shall be (after the Confirmation of such Apportionment) inclosed or divided, allotted or exchanged, by Agreement or Award made under the Powers of any general or local Act of Inclosure (or otherwise), in such Manner that the Apportionment shall appear to the Commissioners to be inconvenient with reference to the altered Distribution of the Land among the several Owners thereof, it shall be lawful for the Commissioners, upon the Application of the Owners of such Lands, or the Majority in Number and Value of such Owners, or upon the Application of the Person or Persons entitled to such Rent-charges or Portions of Rent-charges, or any of them, to make or confirm an altered Instrument of Apportionment adapted to the altered Distribution of the Lands, in order that the Rent-charges or Portions of Rent-charges originally charged on the several Portions of Land which shall have been taken or allotted away from the former Owners on such Inclosure, Division, Allotment, or Exchange shall be charged on the Lands which shall have been allotted or received in the way of Substitution or Compensation for the Lands so taken or allotted away from the former Owners thereof, or as near thereto as CircumSuch Alteration, stances will admit; and every such altered Apportionment, when confirmed under the Hands and Seal of the Commissioners, shall

when confirmed, to be valid.

be

be valid as from the Date of such Confirmation, and shall be taken to be an Amendment of the original Apportionment.

XIV. And be it enacted, That all the Expences of the altered Expences of Apportionment last aforesaid shall be borne by the Owners of the Alteration of Lands to which such altered Apportionment shall relate, and shall Apportionment shall be borne be recovered in the same Manner as Expences chargeable on the by Owners of same Owners in or about the making of an original Apportion- Lands to which ment of the Sum of the Rent-charges charged on the same Lands it shall relate. respectively would have been recoverable; and all the Provisions of the said Acts in relation to such of the Expences of or incident to making an Apportionment of a Rent-charge as are payable by the Owners of the Land included therein shall extend and be applicable to the Expences of such altered Apportionment.

any

several Owners

or held in separate Rights.

XV. And be it enacted, That where by any Agreement or Supplemental Award made under the Provisions of the said Acts a Rent-charge Apportionment has been or shall have been agreed or awarded to be paid to of a RentPerson in lieu of any Tithes, and after the Apportionment of such charge as made payable to one Rent-charge shall have been made and confirmed under the Pro- Owner in revisions of the said Acts it shall appear that some Tithes included spect of Tithes in the aggregate Tithes in lieu of which such Rent-charge shall belonging to 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 same Rent-charge 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 Rent-charge 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-charge 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

Hh 3

and

Commissioners
empowered to
declare that

Lands to which
Doubts have

considered a separate Dis. trict for Commutation, and

the Residue of

the Parish to

remain subject to the original

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.

XVI. And be it enacted, That where by any confirmed Agreement or Award a Rent-charge shall have been agreed or awarded to be paid instead of the Tithes of any Parish, or of any of such Tithes, and before the Apportionment of such Rent-charge shall arisen, shall be have been confirmed, it shall appear to the Commissioners that by reason of any Question or Doubt which after the Confirmation of such Agreement or Award shall be raised or shall exist in respect of any actual or supposed Exemption from Tithes, Modus, Composition real, or prescriptive or customary Payment, applicable only to a Part of the Lands in such Parish, or by reason of any other Question or Doubt whatsoever applicable only to a Part of the Lands in such Parish, or by reason of any Question or Doubt touching the Boundaries of such Parish, it cannot be imme. diately ascertained whether the Agreement or Award might require any and what Rectification in respect of the Matters to which such Question or Doubt shall relate, it shall be lawful for the Commissioners by a separate Award by way of Supplement to the Agreement or Award to declare that the Lands to which such Doubt or Question shall be applicable shall be considered a separate District for the Commutation of the Tithes thereof, and that the Residue of the Parish, or the Parish exclusively of the Lands to which the Question or Doubt touching Boundaries may be applicable, shall remain subject to the Agreement or original Award with such Variation as in the Award by way of Supplement shall be directed; and the Commissioners, in case they shall find that in estimating or fixing the Amount of the Rent-charge so agreed or awarded to be paid any Sum was included or added in respect of the Lands which they shall have directed to be considered a separate District, shall declare what Sum was so added, and shall direct the Residue of the Rent-charge, after deducting such Sum, to be apportioned on the Lands composing the Residue of the Parish, or on the Parish exclusively of the Lands which they shall have formed into a separate District; but if they shall find that by reason of Exemption or supposed Exemption or otherwise no Sum was so included or added in respect of the Lands which they shall have formed into a separate District, they shall direct the whole of such Rent-charge to be apportioned on the Lands comprising the Residue of the Parish, or on the Parish exclusively of the Lands which they shall have formed into a separate District; and all Awards by way of Supplement under this Section shall be subject to the Provisions of the said Act of the Session of Parliament holden in the Second and Third Years of the Reign of Her Majesty, concerning the separate Awards by way of Supplement to a parochial Agreement or Award.

Place of De

posit of Copy of confirmed Ap

portionment may be altered by Quarter Sessions.

XVII. And be it enacted, That 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 Com