parties interested therein, may think fit, and may impose a fine, not exceeding twenty shillings, for each day that any such copy shall be retained, contrary to the terms of such order, upon the person so retaining it, and may make such further order concerning the notice to be given of such removal and deposit, and concerning the costs of such application and the said fine, or of any opposition thereto, as they may think reasonable."

A notice under this section must be a notice that an application has been made, not of an intention to apply (h).

By sect. 26 the commissioners may order the map to be Map may be detached in suitable cases from the instrument of apportion- detached.

ment.

the

By sect. 27, when the original instrument of apportionment Renewal of has been destroyed or defaced, the commissioners may require defaced copy. copy deposited in the parish or in the diocesan registry to be delivered to them for a limited time for the purpose of restoring their defaced instrument, or making a new copy, where it has been lost. Such restorations or copies are to have the

up

force of originals.

By 10 & 11 Vict. c. 104, s. 4, the commissioners could Corrections. require an erroneous apportionment to be delivered up to them 10 & 11 Vict. for correction.

c. 104.
6 & 7 Will. 4,

Lands to be discharged

charge paid in

6 & 7 Will. 4, c. 71, proceeds to enact as follows:— Sect. 67. "From the first day of January next following the confirmation of every such apportionment the lands of the said parish shall be absolutely discharged from the payment of all from tithes, tithes... and instead thereof there shall be payable thence- and rentforth to the person in that behalf mentioned in the said appor- lieu thereof. tionment 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, 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 first day of July and the first day of January in every year; the first payment, except in the case of barren reclaimed lands, as hereinafter provided, being on the first day of July next after the lands shall have been discharged from tithes as aforesaid; . . . . and after every first 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

(h) Reg. v. Sayers, 3 L. T. p. 405.

Land not

any person whomsoever personally liable to the payment of any such rent-charge.

It was attempted under this section to treat the rent-charge to be sold for hereby imposed as an ordinary rent-charge to all intents and purposes, and to have the land sold in default of other means of satisfying it. But the Court held the contrary (i).

rent-charge.

Payments by tenants. Surrenders by lessees.

45 and 46 Vict. c. 37.

Returns from towns of

purchases of

British corn,

and publica

tion of

average price.

Meaning of
British corn.

By sect. 80, any tenant paying the rent-charge is to be allowed the same in account with his landlord (k).

By the repealed sect. 88, lessees of tithes might surrender their leases under certain conditions. If they did not, they continued liable on their covenant to pay the old rent (7).

By the Corn Returns Act, 1882 (45 & 46 Vict. c. 37), sect. 4, "Weekly returns of the purchases of British corn shall be made, under the direction of the Board of Trade, in manner provided by this act from such towns, not less than one hundred and fifty and not more than two hundred in number, as may be from time to time fixed by Her Majesty in Council, and the average price of British corn shall be from time to time ascertained from those returns, and published by the Board of Trade in manner provided by this act."

By sect. 18, "The expression British corn' means wheat, barley, and oats, the produce of the United Kingdom, the Channel Islands, or the Isle of Man, and any such wheat, barley, or oats is in this act referred to as a sort of British corn.' The act then, after providing for the collection and making of and publica- returns by corn inspectors, enacts, by sect. 9, as follows:

Computation

tion of averages by Board of Trade.

"The Board of Trade shall cause the average prices of each sort of British corn to be computed from the summaries sent by the inspectors of corn returns in pursuance of this act, as follows: "(1.) In each week the average price during the next preceding

week of each sort of British corn for the whole of the towns and for each town from which a summary is obtained, shall be computed, and shall be published in the London Gazette:

"(2.) After each of the quarter days, the twenty-fifth day of March, the twenty-fourth day of June, the twentyninth day of September, and the twenty-fifth day of December, the average price of each sort of British corn during the quarter ending on that quarter day shall be forthwith computed and published in the London Gazette:

"(3.) After the twenty-fifth day of December in every year the average price of each sort of British corn shall be computed for the year, and the seven years ending on that day, and shall be published in the London Gazette in the month of January next following:

(i) Bailey v. Badham, 30 Ch. D. p. 84.

(k) See on the construction of this section, Dawes v. Thomas, 1892,

1 Q. B. p. 414.

(1) Tasker v. Bullman, 3 Ex. p. 351; 18 L. J., Ex. p. 153 (1841).

"(4.) The average price of any sort of British corn for any week shall be ascertained by adding together the total quantities of that sort of British corn appearing from the summaries of the inspectors of corn returns to have been bought during such week, and the total prices for those quantities as appearing from the said summaries, and by dividing the total prices by the total quantities as so ascertained. The quarterly or yearly average prices shall be ascertained by adding together the weekly averages of the weeks included in such quarter or year, and dividing the total by the number of weeks in such quarter or year respectively :

"(5.) The septennial average price shall be ascertained by adding together the average annual prices for the seven years, and dividing the total by seven :

"(6.) The annual and septennial average shall state the

average for the imperial bushel."

Sect. 10. "The statement of the septennial average price Application of referring to the imperial bushel published under this act in the septennial London Gazette shall be substituted for the advertisement average to referred to in" 6 & 7 Will. 4, c. 71, s. 56 (m).

Tithe
Commutation

c. 62.

exempt.

By 2 & 3 Vict. c. 62, s. 11 (now repealed except as to tithe Acts. not commuted), the following power is given to substitute a fixed 2 & 3 Vict. for a contingent rent-charge in the cases of exempt and crown lands: "Where lands are exempted from the payment of tithes, or of Fixed rentrent-charge instead of tithes, whilst in the occupation of the charge may be owner of such lands, by reason of having been parcel of the substituted for contingent possessions of any privileged order, it shall be lawful for the re- rent-charge spective owners of the said lands and tithes or rent-charge, by the on lands parochial agreement for the rent-charge, or by a supplemental partially agreement in cases where the parochial agreements or any award shall have been confirmed by the said commissioners, to be made in such form as the commissioners shall direct or approve to agree to the payment, or for the commissioners in the case of a compulsory award, with the consent of the respective owners of the said lands and tithes, to award the payment of a fixed and continuing rent-charge, without regard to the change of Occupation or manurance of such lands, equivalent in value, according to the judgment of the commissioners, to such contingent rent-charge; and such lands shall, from the date of the confirmation by the commissioners of such parochial agreement or supplemental agreement or award, as the case may be, or from such date as shall be fixed by the parties, with the approval of the said commissioners, in any such agreement or supplemental agreement, be subject to such fixed rent-charge instead of the contingent tithes or rent-charge to which such lands were subject previous to such agreement or supplemental agreement or award

(m) Vide supra, p. 1169.

3 & 4 Vict. c. 15.

powers to substitute fixed rent

being made; and every such fixed rent-charge shall from such period respectively be paid and recoverable by the means provided in the said acts, in like manner as if the same had been the rent-charge originally fixed in any parochial agreement or award in respect of the said tithes."

This power is thus extended by 3 & 4 Vict. c 15, s. 14 (also Extension of repealed except to the same extent). After reciting the power given by the last act it provides that-"Such power shall extend to all cases where, by reason of lands being partially exempted charge instead from the payment of tithes, by custom or otherwise, or by of contingent being subject to a shifting or leaping modus, or other cusrent-charge. tomary 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."

By 2 & 3 Vict. c. 62, s. 12 (repealed except as to tithes not commuted), "And whereas certain crown lands, by reason of their being of the tenure of ancient demesne or otherwise, are exempted from payment of tithes whilst in the tenure, occupation, or manurance of her Majesty, her tenants, farmers, or lessees, or their under-tenants, as the case may be, but become subject to tithes when aliened or occupied by subjects not being tenants, farmers, or lessees of the crown, and doubts have arisen how far the provisions of the said first-recited act relating to lands heretofore parcel of the possessions of any privileged order, or in the nature of glebe, or otherwise in like manner privileged and partially exempt, are applicable to such crown lands;' be it declared and enacted, that all and every the said provisions of the said first-recited act do extend to such crown lands, and that the provision lastly in this act contained for substituting a fixed rent-charge instead of a contingent rent-charge on lands partially exempt from tithes shall extend and be applicable to such crown lands as aforesaid: Provided always, that no such fixed rentcharge shall be substituted instead of such contingent rentcharge on such crown lands without the consent of the persons

or officers who are by the said first-recited act respectively required to be substituted in cases of commutation of tithes where the ownership of lands or tithes is vested in her Majesty" (n).

Provisions of

By 4 & 5 Vict. c. 39, s. 29, "The ecclesiastical commis- 4 & 5 Vict. sioners for England shall, in respect of all lands, tithes, tene- c. 39. ments, or other hereditaments, endowments, or emoluments, The Com already vested or liable to be vested in them by or under the mutation Acts provisions of either of the said acts or of this act, be deemed to extended to be the owners or joint owners thereof respectively, as the case may be, for all the purposes of 6 & 7 Will. 4, c. 71,' and of sioners. the several acts to amend and explain the same."

ecclesiastical commis

6 & 7 Will. 4,

tithe barns.

expenses of

By 6 & 7 Will. 4, c. 71, s. 87, provision is made for the sale c. 71. of buildings and the sites thereof rendered useless or unneces- Power to sell sary by the commutation of tithes. And 2 & 3 Vict. c. 62, s. 15, extended these provisions to collegiate and corporate bodies. By 6 & 7 Will. 4, c. 71, ss. 77, 78, any owner of a limited Power to charge estate in lands or any ecclesiastical owner of lands may charge the expenses of commuting the tithes on those lands upon the commutation. lands themselves for twenty years. By 2 & 3 Vict. c. 62, s. 16, the same power is given to all corporations, cathedral, collegiate, or otherwise; and by sect. 17, colleges or ecclesiastical corporations aggregate may, with the consent of the commissioners, charge these expenses on any other lands belonging to them.

SECT. 6.-Lammas Lands, Commons in Gross, Gated or Stinted

Pastures.

Provision for

By 2 & 3 Vict. c. 62, s. 13 (repealed except as to tithes not 2 & 3 Vict. commuted), after reciting that "large tracts of land called c. 62. lammas lands are in the occupation of certain persons during a tithes of portion of the year only, and are liable to the tithes of the lammas lands, produce of the said lands increasing and growing thereon during &c. such occupation, and at other portions of the year are in the occupation of other persons, and in their hands liable to different kinds of tithes arising from the agistment, produce, or increase of cattle or stock thereon; and by reason of such change of occupation such last-mentioned tithes cannot be commuted for a rent-charge issuing out of or fixed upon the said lands," and that the previous acts are thereby rendered inoperative in the several parishes where such lammas lands lie: And that the same acts" are in like manner inoperative in certain cases where a personal right of commonage, or a right of common in gross, is vested in certain persons by reason of inhabitancy or occupa

(n) This removes certain doubts created by sects. 43 and 71 of 6 & 7 Will. 4, c. 71.