He receives (94·95 × 61¾_d._ + 168·42 × 47¾_d._ + 242·42 × 32¼_d._) = £90
10_s._ 3½_d._
The 80th section of the Act says that “any tenant who shall pay any such
rent-charge shall be entitled to deduct the amount thereof from the
rent payable by him to his landlord, and shall be allowed the same in
account with his landlord.” There are few instances in which the tenants
deduct the tithes from their rents according to this section. The general
practice is that the farmer, in his lease or agreement, agrees to pay the
tithes himself to the tithe-owner, and the rent is computed accordingly.
The tenant therefore pays the rent-charge for the landlord. If a tenant
should take a farm without making any such agreement, then the 80th
section comes into force. But in the other case the landlord contracts
himself out of the 80th section. There is no doubt that the Legislature
in 1836 intended that the landlords should pay the rent-charges, and
thus prevent any friction which may occur in the collection between the
clergyman and his parishioners. To remove this friction, the Government
brought in a Bill in 1890.
In the Commutation Act, although the rent-charge is to be paid by the
landlord, yet the tithe-owner cannot bring an action against him for any
arrears, but is bound by the act to distrain on the land. The tenant
has therefore two landlords. Hence we find in years of agricultural
depression that tenants who receive a deduction in the half-year’s
rents from their landlord, seek also for a deduction from their second
landlord, the tithe-owner. These applications are generally made to
parochial incumbents, who prefer making the deduction asked for than run
the odium resulting from distraints on the lands of their parishioners.
Other tithe-owners, such as the Ecclesiastical Commissioners,
impropriators, colleges, schools, etc., will make no deduction whatever,
but sternly carry out the provisions of the Act by making distraints
on the lands. Similar conduct was pursued before the passing of the
Commutation Act. The parochial clergy, in the most sympathetic manner,
accepted very low tithes in years of agricultural depression, but the
clerical appropriators and all the impropriators strictly exacted every
part of their tithes.
When the Commutation Bill was passing through Parliament, it was urged
that many landlords were often absent from the country for a considerable
time, and therefore if the rent-charges were not paid, the tithe-owners
would find it very difficult to get payment from absent landlords, who
had no agents in the country. The law was therefore framed to enable
the tithe-owners to distrain on the lands for arrears, just in the same
manner as the landlords could distrain for arrears of rent. This was the
origin of dual landlordism as it appears in the Act.
Public-domain text, read in full here on John Shaqi.
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