For notice of application { One shilling for every five pounds and
to the Court { fraction above five pounds or any multiple
{ of five pounds of the sum claimed.
{ One shilling and sixpence for every five
For making the order { pounds and fraction above five pounds
{ or any multiple of five pounds of the
{ sum claimed.
But the total fee in any one case shall not exceed—
For notice of the application Ten shillings.
For making the order Fifteen shillings.
REMARK ON THE TITHE ACT, 1891.
I. i. The main principle of this Act, is that the tithe rentcharge is in
future payable by the owner of the lands and not by the occupier, unless
he is also owner. The same principle existed in the Tithe Commutation Act
of 1836. But unfortunately the 80th section of that Act, out of which
landlords contracted themselves, says that “any tenant who shall pay any
such rentcharge, 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.” Very few tenants deducted the tithes from
their rents according to this section. It therefore became the general
practice for the tenants in their leases or agreements, to agree to pay
certain rents to the landlord, and also the tithe rentcharge to the
tithe-owner. This Act carries out the intention of the Commutation Act in
making the landowners liable to the payment of the tithe rentcharge. The
Lords made a wise addition to subsection 1, viz. that, “Any contract made
between an occupier and owner of lands _after_ the passing of this Act,
for the payment of tithe rentcharge by the occupier, _shall be void_.”
The Bill on leaving the Commons, provided, in subsection 2, for contracts
made _before_ the passing of this Act, but made no provision against
contracts made _after_ the passing of the Act, thus leaving the door open
to contracts which may be made _after_ the passing of the Act.
The owner of the lands is now the collector of the tithe-owner. And the
great advantages which the tithe-owner derives from this Act increase the
market value of the rentcharge fully 25 per cent; and it will materially
increase the value of the rentcharge when redeemed.
I. 3. It gives power to the owner to distrain for the sum equivalent
to the tithe rentcharge paid by the owner of the lands and due by
the occupier under a contract made previous to the passing of this
Act, according to section 85 of the Act of 1836. The present Act thus
transfers the unpopular system of distraint from the tithe-owner to
the owner of the lands. No doubt section 85 was framed with a view of
preventing tenants escaping payment by removing produce and stock from
one field to another.
Public-domain text, read in full here on John Shaqi.
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