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No. VIII. sary parties, the land which by such deed is given in exchange shall be 4 & 5 W. 4, exonerated and discharged from the uses, trusts, powers, conditions, c. 30. limitations and restrictions, charges and incumbrances then affecting

1 v 'the same, and shall be and become subject to such and the same uses,

exonerated trusts, powers, conditions, limitations and restrictions, charges and from the uses incumbrances, as affected the land taken in exchange at the same date; affecting tlicm and the land so taken in exchange shall be exonerated and discharged at the time, and from au U3es, trusts, powers, conditions, limitations and restrictions, to become sub- charges anj incumbrances then affecting the same, and shall be and lect_t£s"c 1 u.*':s become subject to such and the same uses, trusts, powers, conditions, limitations and restrictions, charges and incumbrances as affected the lands given in exchange at the same time. After exchange XXV. That no person to whom any land Bhall have been granted or party not to be conveyed in exchange according to the provisions of this act shall at evicted. any time thereafter be evicted from the peaceable and quiet possession

of such land by reason or in consequence of any person claiming right thereto through any title prior to that of, or through any defect of title in, the person by whom such land may have been granted or conveyed; but nevertheless it shall be lawful for the person claiming such right, and he is hereby authorized and empowered, to use, exercise, and enjoy all such and the same powers and remedies in trying his right to and in obtaining and recovering possession of the land which shall have been granted or conveyed in exchange as the person so claiming would in case this act had not been made have been enabled to use, exercise, or enjoy in trying the right to and recovering the possession of the land in exchange for which the same shall have been so granted or conveyed under the authority of this act. General avin XXVI. Saving always to the king's most excellent Majesty, his heirs and successors, and to all and every other person, bodies politic, corporate, and collegiate, his and their heirs, successors, executors, and administrators, (other than and except the several owners and proprietors of the said exchanged lands, and the several persons and parties who shall have consented to such exchange, and all other persons claiming under them, or under the same will or deed or other conveyance as the said owners and proprietors, any right, title, estate, or interest to or in the said exchanged lands,) all such estate, right, title, interest, claim, and demand whatsoever as they, every or any of them had before the making and confirming of any such exchange, or could ur might have had or enjoyed in case such exchange had not been made.

XXVII. That the words and expressions herein-after mentioned, which in their ordinary signification have a more confined or a different meaning, shall in the construction of this act, except where the nature of the provision or the context of the act shall exclude such construction, be interpreted as follows; that is to say, the word "person" shall extend as well to an individual as to a body politic, corporate, or collegiate, and to a corporation as well aggregate as sole, whether such corporation be eleemosynary or civil, ecclesiastical or lay; the word "benefice" shall extend to and be taken to comprehend rectories, vicarages, donatives, perpetual curacies, parochial and consolidated chapelries, district parishes and district chapelries, and churches and chapels having a district assigned thereto; the word "land" shall extend to every species of land, whether arable, meadow, or pasture, and whether freehold, copyhold, or customary, or held by any other tenure, and as well to one piece or parcel as to any number of pieces or parcels of land; and every word importing the singular number only shall extend and be applied to several persons or things as well as one person or thing; and every word importing the masculine gender only shall extend and be applied to a female as well as a male. To extend to XXVIII. That this act shall extend only to that part of the united England and kingdom called England and Wales. Wales.

Meaning of words in the art.

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part, witnesseth, that in pursuance and under the authority of an act passed in the year of the reign of his Majesty king

William the Fourth, intituled [hyre set forth the title of this act], the said A. B. doth grant and convey all the land comprised in the first schedule hereunder written, marked with the letter A., unto the said C. D., in lieu of and in exchange for the land comprised in the second schedule hereunder written, marked with the letter B., to the end and intent that the land comprised in the first schedule may be held and enjoyed by the said C. D. and the person or persons who for the time being shall be entitled thereto, and be and become subject to such and the same uses, trusts, powers, conditions, limitations, restrictions, charges, and incumbrances as the land comprised in the second schedule now is or may be subject or liable to: And this indenture further witnesseth, that in pursuance of the said act the said C. D. doth grant and convey all the land comprised in the second schedule hereunder written, marked with the letter B., unto the said A. B., in lieu of and in exchange for the land comprised in the first schedule hereunder written, marked with the letter A., to the end and intent that the land comprised in the second schedule may be held and enjoyed by the said A. B. and the person or persons who for the time being shall be entitled thereto, and be and become subject to such and the same uses, trusts, powers, conditions, limitations, restrictions, charges, and incumbrances as the land comprised in the first schedule now is or may be subject or liable to. In witness, &c.

Schedule A. containing the land conveyed by A. B. to C. D.

Schedule B. containing the land conveyed by C. D. to A. B.

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PART II.

CLASS II.

TITHES.

[No. I.] 2 & 3 W. IV. c.41.—An Act to facilitate the Recovery of Tithes in certain cases in Ireland, and for Relief of the Clergy of the Established Church. [1st June 1832.]

[No. II.] 2 and 3 W. 4, c. 100.—An Act for shortening the Time required in Claims of Modus Decimandi, or Exemption from or Discharge of Tithes. [9th August 1832.]

"^/■HEREAS the expence and inconvenience of suits instituted for the recovery of tithes may and ought to be prevented, by shortening' the time required for the valid establishment of claims of a modus deciWhat prescrip- mandi, or exemption from or discharge of tithes; be it therefore tions and claims enacted, &c, That all prescriptions and claims of or for any modus deciof modus deci- mandi, or of or to any exemption from or discharge of tithes, by commandi to be position real or otherwise, shall, in cases where the render of tithes in valid in law. kind shall be hereafter demanded by our said lord the king, his heirs or successors, or by any duke of Cornwall, or by any lay person, not being a corporation sole, or by any body corporate of many, whether temporal or spiritual, be sustained and be deemed good and valid in law, upon evidence showing, in cases of claim of a modus decimandi the payment or render of such modus, and in cases of claim to exemption or discharge showing the enjoyment of the land, without payment or render of tithes, money, or other matter in lieu thereof, for the full period of thirty years next before the time of such demand, unless, in the case of claim of a modus decimandi, the actual payment or render of tithes in kind, or of money or other thing differing in amount, quality, or quantity from the modus claimed, or in case of claim to exemption or discharge, the render or payment of tithes, or of money or other matter in lieu thereof, shall be shown to have taken place at some time prior to such thirty years, or it shall be proved that such payment or render of modus was made or enjoyment had by some consent or agreement expressly made or given for that purpose by deed or writing; and if such proof in support of the claim shall be extended to the full period of sixty years next before the time of such demand, in such cases the claim shall be deemed absolute and indefeasible, unless it shall be proved that such payment or render of modus was made or enjoyment had by some consent or agreement expressly made or given for that purpose by deed or writing; and where the render of tithes in kind shall be demanded by any archbishop, bishop, dean, prebendary, parson, vicar, master of hospital, or other corporation sole, whether spiritual or temporal, then every such prescription or claim shall be valid and indefeasible, upon evidence showing such payment or render of modus made or enjoyment had, as is herein-before mentioned, applicable to the nature of the claim, for and during the whole time that two persons in succession shall have held the office or benefice in respect whereof such render of tithes in kind shall be claimed, and for not less than three years after the appointment and institution or induction of a third Proviso. person thereto: Provided always, That if the whole time of the holding of such two persons shall be less than sixty years, then it shall be necessary to show such payment or render of modus made or enjoyment had (as the case may be), not only during the whole of such time, but also during such further number of years, either before or after such time, or partly before and partly after, as shall with such time be No. I. sufficient to make up the full period of sixty years, and also for and 2 & 3 W. 4, during the further period of three years after the appointment and c. 100. institution or induction of a third person to the same office or benefice, v v . > unless it shall be proved that such payment or render of modus was made or enjoyment had by some consent or agreement expressly made or given for that purpose by deed or writing.

II. That every composition for tithes which hath been made or con- what compofirmed by the decree of any court of equity in England in a suit to sitions for tunes which the ordinary, patron, and incumbent were parties, and which shall be consihath not since been set aside, abandoned, or departed from, shall be dered valid, and the same is hereby confirmed and made valid in law; and that no

modus, exemption, or discharge shall be deemed to be within the provisions of this act, unless such modus, exemption, or discharge shall be proved to have existed and been acted upon at the time of or within one year next before the passing of this act.

III. Provided always, That this act shall not be prejudicial or avail- The act not able to or for any plaintiff or defendant in any suit or action relative to available in any of the matters before mentioned, now commenced, or which may be any suit now hereafter commenced, during the present session of parliament, or commenced, within one year from the end thereof.

IV. Provided also, That this act shall not extend or be applicable to To what cases any case where the tithes of any lands, tenements, or hereditaments this act shall shall have been demised by deed for any term of life or number of not extend, years, or where any composition for tithes shall have been made by

deed or writing, by the person or body corporate entitled to such tithes, with the owner or occupier of the land, for any such term or number of years, and such demise or composition shall be subsisting at the time of the passing of this act, and where any action or suit shall be instituted for the recovery or enforcing the payment of tithes in kind within three years next after the expiration, surrender, or other determination of such demise or composition.

V. Provided also, That where any lands or tenements shall have been Time during or shall be held or occupied by any rector, vicar, or other person which lands entitled to the tithes thereof, or by any lessee of any such rector, vicar, 'ha'1 be held by or other person, or by any person compounding for tithes with any pereons entitled such rector, vicar, or other person, or by any tenant of any such rector,the Vj eJ* vicar, or other person, or of any such lessee or compounder, whereby excluded inlhe the right to the tithes of such lands or tenements may have been or may comnutation be during any time in the occupier thereof, or in the person entitled to under this act • the rent thereof, the whole of every such time and times shall be

excluded in the computation of the several periods of time herein-before mentioned.

VI. Provided also, That the time during which any person otherwise as also the time capable of resisting any claim to any of the matters before mentioned during which shall have been or shall be an infant, idiot, non compos mentis, feme any person cacovert, or lay tenant for life, or during which any action or suit shall pable of resislhave been pending, and which shall have been diligently prosecuted, 1?g.?Ijy lm until abated by the death of any party or parties thereto, shall ue^1^*"1"" excluded in the computation of the periods herein-before mentioned,' except only in cases where the right or claim is hereby declared to be

absolute and indefeasible.

VII. That in all actions and suits to be commenced after this act What it shall shall take effect it shall be sufficient to allege that the modus or exemp- be sufficient to tion or discharge claimed was actually exercised and enjoyed for such allege in actions of the periods mentioned in this act as may be applicable to the case ; commenced and if the other party shall intend to rely on any proviso, exception, under 15 ac' incapacity, disability, contract, agreement, deed, or writing herein mentioned, or any other matter of fact or of law not inconsistent with the

simple fact of the exercise and enjoyment of the matter claimed, the same shall be specially alleged and set forth in answer to the allegation of the party claiming, and shall not be received in evidence on any general traverse or denial of the matter claimed.

No. II. VIII, That in the several cases mentioned in nnd provided for by this 2 & 3 W. 4, act no presumption shall be allowed or made in favour or support of any c. 100. claim upon proof of the exercise or enjoyment of the right or matter

* v > claimed for any less period of time or number of years than for such

No presump- period or number mentioned in this act as may be applicable to the

tion allowed in case and to the nature of the claim.

support of any claim for any less period than mentioned in this act.

Acttoextendto IX. Provided also, That this act shall not extend to Scotland or England only. Ireland.

[No. III.] 2 & 3 W. IV. c. 119.—An Act to amend three Acts passed respectively in the Fourth, Fifth, and in the Seventh and Eighth Years of the reign of his late Majesty King George the Fourth, providing for the establishing of Compositions of Tithes in Ireland, and to make such Compositions permanent. [16th August 1832.]

[No. IV.] 3 & 4 W. IV. c. 100.—An Act for the relief of the Owners of Tithes in Ireland, and for the amendment of an Act passed in the last Session of Parliament, intituled An Act to amend three Acts passed respectively in the Fourth, Fifth, and in the Seventh and Eighth years of the reign of his late Majesty King George the Fourth, providing for the establishing of Compositions for Tithes in Ireland, and to make such Compositions permanent.

[No. V.] 4 & 5 W. IV. c. 83.—An Act to amend an Act passed in the Third Year of His present Majesty, intituled An Act for shortening the Time required in Claims of Modus Decimandi, or exemption from or Discharge of Tithes. [15th August 1834.]

"^THEREAS by an act passed in the third year of the reign of his 2 & 3 W. 4 present Majesty, intituled An Act for shorteniny the Time required in

c. 100. Claims of Modus Decimandi, or Exemption from or Discharge of Tithes,

certain provisions were made limiting the period within which in cases of claims of a modus decimandi the payment or render of such modus, and in cases of claim of or to any exemption from or discharge of tithes by composition real or otherwise, the enjoyment of the land without payment or render of tithes or money, or other matter in lieu thereof, should be shown to have taken place: And whereas it was by the said act further enacted, That nothing therein contained should be prejudicial or available to or for any plaintiff or defendant in any suit or action relative to any of the matters therein mentioned, then commenced, or which might be thereafter commenced during the then session of parliament, or within one year from the end thereof: And whereas since the passing of the said act a great number of suits have been instituted for the recovery of tithes, under the apprehension on the part of the plaintiff's that they would be precluded by the said act from recovering the tithes to which they claim to be entitled unless they prosecuted their claims within the periods limited by the said act: And whereas

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