In 1886 an Act was passed (49 & 50 Vict. c. liv.) in the preamble of
which it is stated that the extraordinary rent-charge levied under
previous Acts, is an impediment to agriculture, and therefore the Act
should have been limited, and power given to redeem the same. It is
enacted that after the passing of this Act, no extraordinary charge shall
be made or levied under the Tithe Commutation Acts on any hop ground,
orchard, fruit plantation, or market-garden newly cultivated as such.
The Land Commissioners are authorized to fix the capital value of the
extraordinary charge payable on each farm or parcel of land at the date
of the passing of the Act. The third section indicates the manner in
which the capital value is to be ascertained. Such land is to be charged
with the payment of an annual rent-charge equal to four per centum
on the capitalized value of the extraordinary charge, in lieu of the
extraordinary charge. This rent-charge shall be payable half-yearly on
the days on which the extraordinary charge was made payable. Arrears of
rent-charge are to be recovered in one of the High Courts of Justice, or
a County Court, “or in the same way that rent charge in lieu of ordinary
tithe is recoverable, and subject to like conditions, or by entry upon
and perception of the rents and profits of the land subject to such
rent-charge.” The rent-charge is not to be subject to any parochial,
county or other rate, charge, or assessment. The rent-charge may be
redeemed by the owner or other person interested in any land, subject
to an extraordinary charge or rent-charge substituted therefor. The
redemption money is to be paid to the Governors of Queen Anne’s Bounty,
to be applied for the benefit of the incumbent, if the owner be the
incumbent of a benefice. Provision is made for the redemption of the
rent-charge in other cases of ownership. If the tenant had contracted,
before the passing of the Act, to pay the extraordinary rent-charge to
the owner, he shall do so no longer, but pay to his landlord during his
tenancy the rent-charge substituted for the extraordinary charge. The
landlord is then made liable for the payment of the rent-charge to the
owner, notwithstanding any agreement to the contrary which the tenant had
made with his landlord. The Ecclesiastical Commissioners are empowered
to adjust the fixed charges made before the passing of the Act, on the
income of benefices in receipt of extraordinary tithes in favour of other
benefices, or of district churches or chapelries within the parishes of
which the incumbents are in receipt of extraordinary tithes.
Public-domain text, read in full here on John Shaqi.
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