Tithe Act 1840 (repealed 19.11.1998)
1840 c. 15

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1—16. 

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17 

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18, 19. 

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20 

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21 

 For recovery of expences in certain cases.
22 
Every occupier whose lands or goods shall be liable to distress in respect of any expences chargeable under the said recited Acts or either of them, or this Act, against any landlord or lessor of the lands in his occupation, shall be entitled to recover the amount of any such expences which he shall pay, with interest on such payment from time to time at four per centum per annum, and may deduct the same from any rent or renewal fines payable to such landlord or lessor; and where the estate of such landlord or lessor in the lands in respect whereof such payments shall have been made shall be less than an immediate estate of fee simple or fee tail, or subject by settlement to any uses or trusts, he shall be entitled to charge such amount and interest upon such estate in like manner and subject to the same restrictions and provisions as are contined in the said recited Acts or any of them in relation to owners of particular estates, or of estates settled to the same uses and trusts as the lands in respect of which such expences have been incurred respectively.
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23 

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24 

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25—27 

 Commissioners may adjudicate parochial boundaries on requisition of Land Owners of any Parish. 
28 
And whereas by the said lastly-recited Act powers are given to the said commissioners or any assistant commissioner, upon the application in writing of not less than two thirds in number and value of the land owners in any parishes or townships, to set out and define the boundaries of such parishes or townships in manner in the said Act provided; and it is expedient to extend such power in manner herein-after mentioned: Be it enacted, that it shall be lawful for the said commissioners, or assistant commissioner, but at the sole discretion of the said commissioners, and only in such manner as they shall see fit and proper, to exercise all and every the powers so given by the said lastly-recited Act relating to boundaries of parishes or townships, on the application in writing of two thirds in number and value of the land owners of any one parish, place, or township whose boundary shall be in question, notwithstanding the land owners in the parish, place, or township adjoining such boundary shall not join in such requisition: Provided always, that in every such case the said commissioners or assistant commissioner shall, twenty-one days at least before proceeding to make inquiry and adjudicate on such question of boundary, cause a notice to be sent by the post, or otherwise given, addressed to the churchwardens and overseers, and also to the surveyors of the highways of every parish, place, or township adjoining such boundary, of the intention of the said commissioners or assistant commissioner to proceed on the question of such boundary, and shall specify in such notice a time and place of meeting so to proceed therein, and shall annex to each copy of such notice a copy of the application of the land owners requiring the commissioners to make such inquiry and adjudication, and shall also cause a copy of such notice to be inserted once at least in two successive weeks previous to the day of such meeting, in some newspaper having circulation in the county where such parish, place, or township is situated; and no assistant commissioner shall proceed in any such inquiry without exhibiting at such meeting the papers containing the advertisement of such notice and also a certificate, under the hands of the said commissioners, or any one or two of them, of one copy of such notice having been respectively sent to such churchwardens and overseers, and a copy to such surveyors as aforesaid; and the assistant commissioner shall thereupon proceed in all respects, and his proceedings shall be as valid and binding, as if the said inquiry had been instituted on the application in writing of two thirds in number and value, as well of the land owners of the parish, place, or township to which such notice shall have been so sent, as of the parish, place or township causing such inquiry to be instituted: Provided nevertheless, that upon the application in writing, addressed to the said commissioners during the interval of such twenty-one days, of not less than two thirds in number and value of the land owners in any parish, place, or township adjoining such boundary, and not being parties to any such application as aforesaid, objecting to the said commissioners or assistant commissioner proceeding under the same in the matter of such boundary, all proceedings which shall have been instituted upon the application of such single parish, place, or township under this Act shall forthwith be stayed.
 This Act to be taken as part of the recited Acts, and of 1 & 2 Vict. c. 64.
29 
This Act shall be taken to be a part of the said recited Acts, and also of an Act passed in the second year of the reign of her present Majesty, intituled “An Act to facilitate the merger of tithes”; and in the construction of this Act, unless there be something in the subject or context repugnant to such construction, the several words used in this Act shall have and bear the same interpretation as is given to such words respectively in the said Acts or either of them; and whenever a word importing the singular number or masculine gender only is used, the same shall be understood to include and shall be applied to several persons or parties as well as one person or party, and females as well as males, and several matters or things as one matter or thing respectively, and the converse.
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30 
