the payment thereof, or (2) by sanctioning the redemp- Chap.III. tion of the rent-charge.1

All the incidental costs and expenses of this correction are to be borne by such persons, and in such proportions, as the commissioners may direct, and are recoverable in the same manner as expenses of and incident to original instruments of apportionment.2

The person or persons having the custody of any instrument of apportionment are bound, by sect. 4, upon the application of the commissioners, to deliver to them the copy for the purpose of correction.

6. Sect. 11 of 23 & 24 Vict. c. 93 enables the commissioners, with the consent of the owner or owners of any lands charged with rent-charge under any instrument of apportionment, whether payable to one or more owners of rent-charge, and without regard to the mode of its apportionment, to re-apportion and re-distribute, subject to the provision of sect. 13,3 the rent-charge by an altered apportionment over and amongst the same lands, or any part of them, and to the exclusion of any of them; but no rent-charge may be charged upon any land to the exclusion of other land of the same owner, unless both lands are settled to the same uses, or the land so charged is held for an estate in fee simple or tail in possession.

There seems here to be no limit as to the value of the land to be charged, such as that in sect. 58 of the principal Act.

7. By sect. 15 of 23 & 24 Vict. c. 93 the commis

1 See p. 82.

2 See pp. 50-53.

3 See p. 55.

Chap. III. sioners are given power, whenever any instrument of apportionment appears to be so altered by successive instruments of altered apportionment, as to render the collection of the rent-charge unreasonably inconvenient or difficult,1 upon the application of the person or persons entitled to the rent-charge, or any part of it, without any notice, or any consent of any of the owners of the lands, to make a further instrument of altered apportionment as regards the whole or any portion of the lands charged, provided that they make no alteration in the amount charged on the lands of any particular owner. This altered apportionment becomes an amendment of and substitution for the original and altered apportionments, so far as they are affected by it.

8. Sect. 16 of 23 & 24 Vict. c. 93 empowers the commissioners when, in consequence of any new boundaries of parishes being set out on any inclosure or otherwise, they consider the apportionment of the rentcharge in those parishes rendered inconvenient, either (1) to make and confirm an altered instrument of apportionment adapted to the altered circumstances; or (2) to declare by an order under their hands and seal the lands affected by the alteration of boundaries, with or without any other lands comprised in the enclosure, and whether the lands are situate in one or more parishes, to be a "separate district;" and may make and confirm an altered instrument of apportionment

1 The existence of "unreasonable inconvenience and difficulty is apparently a question for the commissioners.

2 Apparently the application need not necessarily be a written one.

adapted to the altered distribution of the lands, with Chap. III. reference both to the landowners and rent-charge owners in the district; and may fix and apportion the amount of rent-charge payable to each of the rent-charge owners in the district upon such particular lands as may seem convenient to them; provided that no lands are charged with more than their due proportion of rent-charge, or are charged with rent-charge payable to a different owner than the rent-charge previously charged on them was payable without his consent. In this second case the altered apportionment, when confirmed, is to be annexed to the original apportionment for that parish from which the greatest amount of rent-charge is payable under the altered apportionment, and counterparts are to be annexed to the original apportionment for each of the other parishes in the "separate district," and copies are to be deposited in respect of each parish as in 1.1

9. Where, through the removal or alteration of fences between land subject to and land free from tithe or rent-charge, it is impossible or difficult to distinguish the limits of the land charged, and the lands are held for an estate of fee simple or tail, or are settled to the same uses, sect. 12 of 23 & 24 Vict. c. 93 empowers the commissioners, with the consent of the owner of the lands, to include the whole of the lands in any instrument of altered apportionment,2 and to apportion the

1 See p. 54.

2 It is questionable if this section in terms authorizes an altered apportionment being expressly made, and whether it was not intended merely to apply to a case where an altered apportionment was otherwise being made.

Chap. III. rent-charge on the land previously free, or any part of it.

10. Under sect. 25 of 23 & 24 Vict. c. 93, where lands in respect to the cattle or stock upon which a sum or rate per head is payable are inclosed, divided, allotted, or exchanged, under the powers of any general or local Act of inclosure or otherwise, the commissioners may, by an altered apportionment, adapted to the altered distribution of the lands, charge a rent-charge, equivalent to the amount of the sum or rate per head previously payable, upon the lands allotted, in lieu of the rights in respect of which the sum or rate per head was payable.

CHAPTER IV.

DISCHARGE OF LAND FROM LIABILITY TO TITHES OR TITHE RENT-CHARGE BY GIVING LAND IN LIEU THEREOF.

THERE are six ways in which land may be discharged from tithes or tithe rent-charge by the giving of land.

1. Under sects. 29 and 30 of the principal Act a parochial agreement, made in similar manner and form to a parochial agreement for commutation, may give to any ecclesiastical owner of any tithes, or rent-charge in lieu of tithes, in right of any spiritual benefice or dignity, any quantity of land not exceeding twenty acres by way of commutation for the whole or any portion of the tithes or rent-charge. Every such agreement must fulfil the following conditions :—

(1) It must be made in the form and contain the particulars directed by the commissioners; (2) It must specify the land out of which the tithes or rent-charge, the subject of the agreement,

issue;

(3) It must state the quantity, state of culture, and annual value of the land proposed to be

given;

(4) The same consents to and confirmation of the