IV. The object which the framers of this section in the House of Lords
had in view was to prevent collusion, as stated in their debates,
between the owner of the lands and the occupying tenant. They based
the assertion on the groundless assumption that certain landowners and
farmers would enter into a conspiracy to defraud the tithe-owner. This
discovery was reserved for the Lords. So section 4 contradicts section
1 subsection 1. The last proviso in section 4 was added by the House
of Commons to protect the occupier by giving him a remedy against the
landowner. The landowner may have been impecunious, and therefore let
his land free of rent for some years, on condition that the tenant
should erect certain buildings on the farm or put the farm and fences
into better order; or he may let his lands for a sum down with a small
rental; or the lands may have been let on beneficial leases on payment of
a fine with a small reserve rental. But all these are common arrangements
without any reference to collusion. The Lords, however, thought
differently. But the most important point for consideration is, that this
section upsets the main principle of the Act, namely, that the landowner,
and not the occupier, should pay the tithe rentcharge. This section makes
the latter pay it under certain circumstances, but which he can recover
from his landlord in the manner stated.
VI. 1. In consequence of a decision in the Law Courts, if a tithe-owner
should make default in payment of rates, as many have done, the only
remedy for the collector was to recover from the occupier for a debt
which was none of his; and the only remedy which the occupier had for
this payment was to recover it from his landlord; and the landlord was
to recover it from the tithe-owner. Here was a remarkable roundabout
way to recover payment of rates from the proper person—the tithe-owner.
Many tithe-owners, in order to annoy and irritate rate-collectors and
tithe-payers, would not pay the rates. They knew well and took advantage
of the legal ruling, and so they would not pay until rate-collectors,
tithe-payers, and landlords, had to go through the above legal process to
get payment of the rates from them. And so this subsection was framed in
order to put a stop to such conduct on the part of tithe-owners, who are
now bound to pay the rates, and it also repeals any part of any Act which
authorizes payment from the occupier of rates on tithe rentcharge.
VIII. 1. This is generally called the “Relief Clause.” Quite a
_misnomer_. This paltry relief was given for the great benefits and
advantages which the tithe-owners derive from this Act. The relief will
affect only a few farms in each county. In estimating the annual value of
the lands, the valuable building erected will be taken in the valuation,
and so tend to diminish the amount of remission of tithe rentcharge.
APPENDIX A.
ARCHBISHOPS AND BISHOPS.
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