§ Lord Tenterden moved the Second Reading of the Prescription Bill. He had stated the nature and objects of the Bill in the course of last Session, and on the motion for the first reading. He now, therefore, contented himself with moving that the Bill be read a second time.
The Bishop of Bristolapproved of the provisions of the Bill, in as far as they related to rights of way, and other common rights. But there was one clause in the Bill which related to a subject of the utmost importance, and of that clause he could not approve in its present state, and he hoped that the noble and learned Lord would consent to introduce some modification of it in the Committee. The clause to which he referred was that which appointed the period of prescription in cases of moduses, or customary payment for tithes. It was well known, that as the law at present stood, in order to establish a modus, or customary payment in lieu of tithes, it was necessary for those claiming that modus as against the clergyman, to give such evidence as to lay a good foundation for the inference that the modus existed as early as the time of Richard 1st. He admitted, that very serious inconvenience arose from that circumstance, 86 and that some more limited period of prescription should be established. These moduses were at first merely agreements with temporary incumbents, which were entered into out of favour to the parishioners, or some other motive, and then continued through the negligence of succeeding incumbents, by which means the Church was deprived of a great deal of property, which of right belonged to it. All that he wished on the present occasion was, that the clause should appoint a period of prescription extending much further back than a period of six years, which was the time limited as the clause stood. He should propose twenty years, or at least that of a new incumbency taking place subsequent to the passing of this Bill, as several of the existing incumbents were, for various reasons, extremely indisposed to contest the validity of these moduses, although they had good grounds to do so.
§ Lord Tenterdensaid, the period for establishing a modus was a point which might be discussed in the Committee. As for himself, he had no inclination to do anything offensive to the Church, and he had introduced the Bill under a sense of public duty.
§ The Bill read a second time.