II. 1. To recover the tithe rentcharge through the County Court is new
machinery. It is a new buffer between the tithe-owner and tithe-payer; it
removes all immediate friction between the clergyman and his tithe-paying
tenant. The subject of “fees” and “costs,” was the most contentious
point in passing the Bill through Committee of the House of Commons. The
Lords introduced the amendment, that “costs” should be recovered as in
the case of an ordinary action in the County Court. This amendment will
be extremely irritating to the small landowners, especially in Wales. It
will also be a fruitful source of irritation to tithe-payers and of legal
persecution by tithe-owners through their agents. The Lords’ amendment,
introduced by Lord Selborne, was truly compared by Sir William Harcourt
to “tares sown among wheat.” The Tithe Act of 1836 gave 21 days to the
occupier to pay his tithe after it had fallen due, but this Act gives
three months to the owners of the lands. This is a reasonable time, for
the landlord has often to wait six months and even longer for his rents.
II. 2. By this, the tithe-owner can, in default of payment on distraint,
take possession of the lands, and derive all the advantages of the
tillage, and keep possession for years without rendering any compensation
to the occupier. This is but one of the many cases which show that
the Act was wholly framed in the interest of the tithe-owner, and
disadvantageous to the tithe-payer. The security and stringent means for
recovering tithe rentcharge are all advantages to the tithe-owner.
II. 5. The tithe-owner has a prior claim to all other creditors.
II. 9. The owner of the lands, or the occupier, cannot be imprisoned for
non-payment of the tithe rentcharge, but may be fined or imprisoned as
regards other matters in the execution of County Court warrants.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account