(6) Where it appears from any award that a special apportionment has been
made in pursuance of section fifty-eight of the Tithe Act, 1836,[295]
whereby tithe rentcharge has been charged specially upon certain closes
of land in different proportions, and to the exclusion of certain of
them, the Court shall not grant a remission under this section unless
satisfied that the applicant would have been entitled to such remission
if no such special apportionment had been made.
(7) Where two or more tithe rentcharges issue out of the same lands,
and a remission of tithe rentcharge has been made by a County Court
under this section, the amount paid by the owner of the lands on
account of tithe rentcharge shall be divided between the owners of such
tithe rentcharges in proportion to the amount thereof as fixed by the
apportionment or any altered apportionment.
(8) This section shall not apply to any lands other than those used
solely for agricultural or pastoral purposes or for the growth of timber
or underwood.
_Definitions._
IX.—(1) A reference in this Act to the “owner” of lands or tithe
rentcharge,—
(_a_) if the ownership of the lands or rentcharge is vested in
the Queen in right of Her Crown, means the Commissioners of
Woods, in substitution for the Queen; and
(_b_) if the ownership of the lands or rentcharge is vested in
the Duke of Cornwall, means the keeper of the records of the
Duchy of Cornwall, in substitution for the Duke of Cornwall; and
(_c_) in any other case, means the same officers or persons as
are mentioned in the Tithe Act, 1836.[296]
(2) In this Act, unless the context otherwise requires,—
The expression “tithe rentcharge” means tithe rentcharge issuing out
of lands and payable in pursuance of the Tithe Acts, and includes any
rentcharge into which a corn-rent has, either before or after the passing
of this Act, been converted under the Tithe Act, 1860,[297] and which
is subject to the like incidents as such tithe rentcharge as aforesaid;
but does not include a rentcharge payable under the Extraordinary Tithe
Redemption Act, 1886,[298] nor a rentcharge payable under the Tithe Act,
1860,[299] in respect of the tithes on any gated or stinted pasture, nor
a sum or rate payable for each head of cattle or stock turned on land
subject to common rights or held or enjoyed in common.
The expression “prescribed” means prescribed by rules under this Act.
_Commencement and application of Act and saving._
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