§ Order for Committee read.
§ House in Committee.
§ Clause 1, (Corn Bents under Local Acts may be converted into Tithe Rent-charge).
§ SIR JOHN TROLLOPEexpressed his opinion that the measure would be an extremely useful one.
§ SIR JOHN TROLLOPEremarked that the average prices of corn had fluctuated more since the establishment of free trade than they had done before.
§ Clause agreed to, as were the remaining clauses.
543§ The House resumed.
§
LORD HENNIKER moved the following Clause to follow Clause 30:—
Whenever it shall be shown to the satisfaction of the Commissioners that by reason of error as to boundary or otherwise, any rent-charge or portion of rent-charge shall have been charged by any confirmed instrument of apportionment on lands not within the parish in respect of the tithes of which the aggregate rent-charge, the apportionment of which shall have been so confirmed, was agreed or awarded to be paid, the Commissioners may, if they see fit upon the application of the owner or owners of the said lands, and without the consent of any owner of land in the said parish, or of the person for the time being entitled to the receipt of the said rent-charge, by an order under their hands and seal, direct that such rent-charge or portion of rent-charge so charged on lands not within the parish, shall be redeemed by the payment by the owners of lands charged with the residue of the said rent-charge by the said apportionment or any of them, of such a sum of money, and within such time as the said Commissioners shall, by such order, direct and appoint, such sum not being less than twenty-four times the amount of such rent-charge; and, if there shall be any question touching the situation or boundary of the lands which shall be alleged to have been erroneously included in the said apportionment, the Commissioners shall have the same powers for hearing and determining the same as are given by the said first recited Act for hearing and determining any difference whereby the making of an award of rent-charge in lieu of tithes is hindered.
§ The noble Lord said that he submitted for consideration and adoption the clause of which he had given notice, and stated that it was for the purpose of affording a remedy for a grievance inadvertently, or perhaps somewhat through their own negligence, caused to owners and occupiers of land and tenements, whereon apportionment of rent-charge had been twice awarded in consequence of disputed boundaries of adjoining parishes, and thus they have been rendered liable to payment of a double amount of rent-charge for the same property—this clause, being an extension of the powers given by the Act of 9 & 10 Vict. c. 73, and the 10th & 11 Vict. c. 104. He trusted there would be no objection to the proposition for rectifying so palpable an error, and he might add injustice, as that alluded to, which had arisen in many instances; for, unfortunately, the apportionments being confirmed, there was no appeal, nor had the Tithe Commissioners the power to relieve the parties concerned.
§ Clause added.
§ Bill reported, as amended; to be considered on Monday next.