Star.
London, England, 1830-04-22 00:00:00

THE TITHE ACT.

In the STAIL of the 15th instant, we gave, from the
Exeter Alfred, the resolutions, and part of the Act, pro-
posed by Mr. NEW KAN, on this momentous topic. We
now continue the series from the same paper—promising
to offer a few observations upon the offering of tithes—
their origin—legality—and appropriation of them :

" And be it further enacted, that where any mcssuages, lands,
tenements, or hereditaments of any proprietor or means landlord,
who shall take the benefit of such preference as aforesaid, shall be
in the occupation of more than one occupier as distinct tenements,
that the tithes or portion of tithe arising or accruing upon such dis.
tint tenements shall be granted to such proprietor or mesne land-
lord by a separate lease or grant; and that the tithe rent or annual
sum to be reserved in respect of the same messuages, lands, tene-
ments, or heriditaments, shall be estimated separately upon each
of such distinct tenements, in proportion to the actual quantum of
tithe which shall be accruing upon such tenements respectively.
" Provided always, and be it further enacted, that no such lease
or grant as aforesaid, which shall be made to any occupier holding
under any lease for years or lives, shall continue for a longer period
than the interest of such occupier under the same lease or some re.
=wed lease ; but every lease of tithes to an occupier shall deter-
mine when he shall cease to be the occupier of the land.
" And be it further enacted, that every such lease or grant as
aforesaid shall be incident to, and attendant upon, the estate or
interest of the person or persons, body or corporation, to whom the
seine lease shall be made or granted, of and in the messuages, lands,
tenements, and hereditaments, out of which the tithes thereby
granted shall be arising or accruing, and shall entire either by way
of demise or subsisting interest, or by way of discharge or retainer,
at the election of the person or persons, body or corporation, taking
and holding such lease.
And be it further enacted, that where any such lease or grant
shall have been taken under such benefit of preference as aforesaid,
by or on the behalf of any person or persons, body or corporation,
not having the absolute estate of inheritance in fee.simple in the
messuages, lands, tenements, or hereditaments out of which the
tithes thereby granted or demised shall be arising or accruing, then
and in every such case the person or persons, body or corporation,
having or being beneficially entitled to any estate or interest in suc-
cession, remainder, reversion, or expectancy, shall at any time or
times after such estate or interest shall vest in possession by the de-
termination of the preceding estate or interest, be entitled, and he,
she, and they is and are hereby authorised and empowered, to des
mend from the original lessee or lessees of tithes, his, her, or their
executors, administrators, or assigns, an assignment of his, her, or
their interest in such lease ; which assignment such original lessee
or lessees, his, her, or their executors, administrators, and assigns,
are hereby required to make and execute accordingly ; and so from
time to time every other person, body, or corporation beneficially en.
titled in succession, remainder, reversion, or expectancy, shall at any
time after their respective estates or interests shall vest in possession
by the determination of the preceding estate or interest, in like
manner be entitled, and he, she, and they is and are hereby autho-
rised and empowered, to demand an assignment from the person or
persons, body or corporation, who shall then be the proprietor of
such lease, of his, her or their interest therein.
" And be it further enacted, that where any such lease shall be
granted, under such benefit of preference as aforesaid, to or on the
behalf of any person or persons, body or corporation, who shall,
either as proprietor or as mans or intermediate landlord, be entitled
to the rents and profits of the messuages, lands, tenements, and
hereditaments out of which the tithes thereby granted or demised
shall be arising and accruing, and there shall be any lease for years
or lives of the same messuages, lands, tenements, or hereditaments,
then subsisting and undetermined, it shall and may be lawful for
the occupier under such lease, on giving notice in writing of, his or
her intention unto the person or persons, body or corporation, eetided
to the rents and profits as aforesaid, his, her, or their bailiff or agents
at any time within three calendar months next after the making of
such lease or grant of tithes, to retain the same tithe unto his or
her own use and benefit during the continuance of his or her lease
of the same messuages, lands, tenements, or hereditaments; and
that in such case a sum of money equal to the amount of the tithe
rent or yearly sum reserved or made payable by the lease or grant of
the said tithes, shall be considered as yearly rent payable by such
occupier unto the person or persons, body or corporation, having the
lease of such tithes, and shall be recovered, and payable, and paid
as such.

" And be it further enacted, that in every ease where any lease
or grant shall have been made, pursuant to the authorities and
provisions of this Act, by any Bishop, Rector, Vicar, or other
person having spiritual preferment or benefice, and the person by
whom such lcrse or grant shall have been made, or any suc-
ceeding incumbent, shall depart this life, or shall vacate his
benefice or preferment, by resignation or otherwise, previous to
the determination of the same lease or grant, and between or in
the interval of any of the days which shall be appointed for the
payment of the tithe rent or annual sum thereby reserved, such part
of the same tithe rent or annual sum as shall be in proportion to
the time or number of days which shall have elapsed between the
last day of payment and the death,' resignation, or other avoidance
of such incumbent, shall be payable and paid unto the person so
resigning or otherwise avoiding the same benefice or preferment, or
the executors, or administrators, of the person so dying ; and that such
proportional part or share of the tithe rent reserved on every such
lease shall be recoverable by all or any of the ways and means which
are by this Act provided foe recovering and enforcing the payment
of the said tithe rents or annual sums, or any quarterly payments
thereof.

" And be it further enacted, that if the tithe rent or annual sum

to be reserved or made payable in or by any such lease or grant as
aforesaid, or any part thereof, shall be in arrear and unpaid by the
space of forty days next over or after any of the days whereon the
same shall by such lease or grant be made payable, then and from
time to time, as often as it shall so happen, it shall and may be
lawful for the person or persons bodies politic, corporate, or colle-
giate, who for the time being shall be entitled to the tithe rent or
sum so in arrest, to levy and raise the same by distress or distresses
upon the lands, tenements, or hereditaments liable to the payment
of the tithes which shall have been so granted or demised ; and the
distress and distresses there found, to detain, manage, sell, and dis-
pose of in the same manner to all intents and purposes as if the
same had been a distress for a rent reserved upon a lease for years
of corporeal hereditament, ; and that such right of distress, and the
distress so taken, shall for any number of quarterly payments, not
exceeding four at any one time, have the preference over the Crown,
and all other claimants and creditors whatsoever.
" And be it further enacted, that any occupier or occupiers who
shall pay any such tithe rent or arrears thereof, to prevent a disuses
under the power herein.before contained, or who shall have saddled
the same tithe rent or arrears thereof by means of such distress or
distil:saes, out of any rent due or to become due, which such occu.
pier shall be liable to pay to his reversioner who ought to have paid
such tithe rent, or who shall by law be under any obligation to in.
demnify such occupier from the same tithe rent.
" Provided always, and be it further enacted, that if at any time
during the continuance of any such lease or grant as aforesaid, the
tithe rent or annual sum thereby reserved or made payable shall be
in arrest and unpaid by the space of three calendar months next after
notice in writing shall have been given to the person or persons
liable to the payment of the same rent, demanding the payment
thereof, and at the expiration of such three calendar months there
shall be no sufficient distress to be found upon the lands, tenements,
or hereditaments charged or chargeable with the samerent, then and
in every such case it shall be lawful for the person or persons en.
.tided to the same rent wholly to avoid such lease or rant, and the
tithes thereby granted or demised thenceforth to demand, sue for,
recover, and receive, as if such lease had never been made or exe-
cuted.
" Provided always, and be it further enacted, that notwith.

standing any thing in this Act contained, all and every person
and persons, bodies politic Cr meporate, by whom any such '
lease or grant shall be made as aforesaid, shall and may have
and use the same or the like remedies, by action or suit at law
or is equity, or other ways and means whatsoever, for recovering
and enforcing the payment of the tithe rent or annul sum reserved
on the same lease or grant, as he or they respectively may or might
have for the recovery of any sum or sums of money, payable as a
composition for any tithes under an agreement for the retainer of
the same tithes.

" And whereas it is expedient that the power of leasing given by
this Act should be extended to lands allotted to the incumbents of
ecclesiastical benefices in lieu of tithes, by virtue of Inclosure Acts,
and lands annexed to small livings, with the concurrence of the go-
vernors of the bounty of Queen Anne; and also to manages,
houses, or other erections or buildings held in right of any such be-
nefice, together with any ground commonly used and enjoyed with
any such meuuages, houses, or other erections or buildings, not
exceeding the quantity of ten acres; be it enacted, that from and
after the twenty-fifth day of March, one thousand eight hundred
and eighteen, it shall and may be lawful to and for, all and sin-
gular Archbishops, Bishops, Masters and Fellows, or other heads
and Members of Colleges or Halls, Deans and Chapters, Precentors,
Prebendaries, Masters and Guardians of Hospitals, Rectors, and
Vicars, and other peuens having spiritual or ecclesiastical benefices
or preferment, and who are or shall be seised of, or entitled to, any
manors, meuuages, lands, tenements, or hereditaments, in right of
such colleges or halls, hospitals, or spiritual or ecclesiastical benefices
or preferment, to make or grant any lease or leases of the same
manors, meuuages, lands, tenements, or hereditaments, or any part
thereof (other than except the ancient glebe, parsonage, vicarage, or
other house accustomed to be used for the habitation or dwelling of
such rector or vicar, or other ecclesiastical person as aforesaid,) to
any person or persons whomsoever, for such term or terms of year,
and with such consent, and subject to such other provisions and re-
strictions as are herein-before expressed or contained concerning
leases of tithes, so far as the same are applicable to leases of cor-
poreal hereditament., and are not hereby varied or departed from;
provided always, that no person or persons to whom any such lease
shall be granted, his, her, or their executors, administrators, or
assigns, shall be made dispunishable for waste.

( To be contiltuod.)

LAW INTELLIGENCE.

COURT OF CHANCERY, Aram 21.
STRATTON V. BARCLAY' AND OTBIRI.

The defendants in this cause are the consignees of Mr. Jame
Simons, of the island of St. Vincent, in the West Indies, who Is in
possession of an estate which he purchased sixteen years ago of the
plaintiffs, but the greater part of the purchase money is still unpaid,
the title not having as yet been satisfactorily made out. Mr. Si.
mots passed through England in 1828, on his way to see his friends
in Scotland, at which time the plaintiff asserts that he prepared a
bill to compel him to perform his engagement, but that be then
amused him with a negotiation till he got to Seotland out of the ju.
risdletion of the court, and then returned to St. Vincent's, where he
now remains, and is in the habit of sending the proceeds of the es-
tate to the defendants, who dispose of it on his account.
The Soracixott-Gnxzw. now moved the Court loran injunc-
tion to restrain the defendants from paying over the proceeds of the
consignments to Mr. Simons, on the ground that he had absconded
to avoid being served with the bill.
Mr. PEMBERTON, on the other side, contended that the Court
bad no authority to enforce this species of foreign attachment, which,
if it were allowed, would enable it to bring any person whatever re-
siding abroad within the jurisdiction of the Court.
The LORD CHANCELLOR said that there was nothing to satisfy
him that Mr. Simons knew that a bill against him was prepared,
nor that he left England to avoid the judgment of the Court. The
application was in fact for a receiver of the rents and profits of the
estate, which could not be granted, unless the party had been served
with notice of the bill. The mouon must therefore be dismissed,
and the defendants must have their costs.