Ashton-under-Lyne Tithes Act 1831

Publication Date:January 01, 1831
 
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Ashton-under-Lyne Tithes Act 1831

(1 & 2 Will. 4) c. iv

An Act for settling disputed Rights respecting Tithes within the Parish of Ashton-under-Lyne in the County Palatine of Lancaster, and for fixing certain annual Payments in lieu thereof.

[30 July 1831]

ANNO PRIMO & SECUNDO GULIELMI IV REGIS. ***###**************##******************####*#***#** Cap.iv. An Act for settling disputed Rights respecting Tithes within the Parish of Ashton-under-Lyne in the County Palatine of Lancaster, and for fixing certain annual Payments in lieu thereof. [30th July 1831.] WHEREAS the Right Honourable George Harry Earl of Stamford and Warrington, and his Son the Right Honourable George Harry Grey commonly called Lord Grey, claim the Perpetual Advowson of the Rectory and Parish Church of Ashton-under*Lyne in the County Palatine of Lancaster; and the Reverend George Chetwode Clerk is the Rector of the said Parish and Parish Church ; and the said Parish is situate in the Diocese of Chester: And whereas the said George Chetwode, as such Rector, claims to be entitled to all the Tithes and Dues, both Great and Small, growing, renewing, arising, or becoming due within the said Parish ; but in respect of certain Parts thereof the Owners and Occupiers of Lands in the said Parish claim to be exempt from the Payment of such Tithes and Dues, or some of them, by virtue of certain Moduses, Compositions, or small annual Payments in lieu thereof; and Disputes and Differences have arisen between the said Rector and certain of the Owners and Occupiers of Lands in the said Parish, respecting the Tithes claimed by the said Rector, and the Moduses, [Local.~] C c Compositions, 1&2GULIELMI IV. Cap.iv. Compositions, or annual Payments set up by such Owners and Occupiers in lieu of the same ; and it is desirable, in order to prevent5'Litigation and Expence, that such Disputes and Differences should be settled: And whereas it hath been proposed, on behalf of the Owners and Occupiers of Lands and Tenements within the said Parish, that certain yearly Rents or Sums of Money should from henceforth be paid to the said Rector and his Successors by way of Commufatioh and in lieu arid full Satisfaction of and for all Maitner of Tithes both Great and Small, and all other Tithes, Dues, Moduses, Compositions, and prescriptive Payments in lieu thereof (except as hereinafter is particularly mentioned and excepted,) which of Right belong to, or which have or might have been received by, the said Rector or any of his Predecessors, Rectors of the said Parish : And whereas the said Earl of Stamford and Warrington and Lord Grey as Patron of the said Rectory, the said George Chetwode as such Rector, and also the Right Reverend Father in God John Bird, by Divine Permission, Lord Bishop of the said Diocese of Chester, do approve of such. Proposal, and are willing and desirous that the said Commutation should be established and confirmed ; but such beneficial Purposes cannot be effected without the Aid and Authority of Parliament : May it therefore please Your Majesty that it may be enacted ; and be it enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That the several yearly Rents or Sums of Money mentioned and set forth in the First Schedule to this Act annexed shall for ever hereafter be payable and paid unto the said George Chetwode and his Successors, Rectors for the Time being of the Parish of Ashton-under-Lyne aforesaid, for or in respect of the Tithes and Dues hereby intended to be commuted ; and the same several yearly Rents-rof Sums of Money- shaH for ^ver hereafter be respectively charged upon and payable and paid out of all and evefy the Messuages, Farms, Lands, Tenements, and Hereditaments mentioned and particularized or referred unto in the First Schedule to this Act annexed, immediately before or opposite to the same several and respective yearly Rents or Sums of Money ; and that the same several Rents or Sums shall respectively become due to the said Rector and his Successors on the Twenty-ninth Day of September in every Year for ever hereafter^and shall be paid to him and his Successors for the Time beiag at the, Rectory House of Ashton-under-Lyne, or such other Place as heshall apppiut within the Town of Ashton-under-Lyne, by One annual Payment, on the First Monday in November in every Year for ever, free and clear of and from all Taxes, Rates, Dues, Impositions, and Assessments whatsoever, Parliamentary or Parochial $ th6fi*st'of the said several yearly Rents to become due on the Twenty-ninth Day of September in the Year of our Lord One thousand eight hurtdred and thirty-one, and the first Payment thereof respectivelytd be made on the First Day of November in the said Year One thousand eight hundred and thirty-one; and every such annual Payment shall be taken to be for or in respect of the Year ending with the Day whereon such Payment became due, to -wit, on the Twenty-ninth Dayof September prior to the Time such annual Payment is hereby directed to be made. 9 II. And 1 & 2 GULIELMI IV. Cap.iv. 103 II. And for promoting the due and regular Payment unto the Providing for said Rector and his Successors of the said yearly Rents or Sums of !^e reg"'arf Money to become payable under and by virtue of this Act, be it ^yearly further enacted, That the several Owners or Occupiers of Farms, Rents. Lands, and Tenements chargeable with the said yearly Rents or Sums shall and they are hereby directed to pay the same yearly Rents or Sums respectively to the said Rector, or to such Person as he shall appoint to receive the same, on the First Monday in November in every Year, at the Hour of Eleven in the Forenoon of the same Day, at the Rectory House of Asliton-under-Lyne, or such other Place as he shall appoint within the Town of Ashton-under-Lyne ; and in default of such Payment on the Day hereby appointed for the same, each such Owner or Occupier so making Default, not being one of the People called Quakers, shall forfeit and pay the Sum of Two Shillings and Sixpence, which shall be paid to the said Rector, or to the Person so appointed by him to receive the said yearly Rents or Sums, in addition to the same respective yearly Rents or Sums, and shall be recoverable by the said Rector and his Collector or Receiver in such and the like Manner as is in and by this Act provided for Recovery of the said yearly Rents or Sums. III. And be it further enacted, That in case the several yearly Rector to Rents or Sums of Money mentioned and set forth in the First Sche-have. Power dule to this Act annexed, or any of them, or any Part or Parts thereof t0 dlstrainrespectively, shall be behind or unpaid for the Space of Fourteen Days next after the Day on which the same respectively are hereinbefore directed to be paid, it shall be lawful for the Rector for the Time being of the said Parish, or for any Person authorized by him to receive the said yearly Rents or Sums, to have and exercise all such Powers and Remedies of Distress and Sale, for recovering the Rents or Sums of Money so unpaid as aforesaid, and the Forfeitures herein-before imposed or inflicted for the Nonpayment thereof at the Time herein-before appointed for such Payment, together with the Costs and Charges occasioned by such Nonpayment, upon and from and out of the Farms, Lands, and Tenements respectively charged with such yearly Rents or Sums so in arrear, and the Messuages or Homesteads to which the same Lands are appurtenant, as by the Laws and Statutes of this Realm are or is or shall or may be given for the Recovery of Rent in arrear, reserved or payable upon Lease or common Demise; and all Occupiers of such Messuages, Homesteads, Farms, Lands, and Tenements are hereby expressly declared to be liable for all Arrears of the said annual Rents or Sums, in respect of the Premises occupied by them, though the same might accrue before the Commencement of such Occupancy. IV. And be it further enacted, That in case any Action of Re- Declaring plevin or Trespass shall be brought in consequence of any Distress what shall be made in pursuance of this Act, by or under the Authority of the Actions of" Rector for the Time being of the said Parish, for any yearly Rent or Replevin. Sum of Money hereby made payable to the same Rector, it shall be lawful for the Defendant or Defendants in Replevin to avow or make Cognizance generally, that the Messuages, Farms, Lands, and Tenements whereon such Distress was made were situate within the Parish of 104 1 & 2 GULIELMI IV. CapAv. of Ashton-vnder-Lyne, and were liable to pay to the Rector for the Time being of the same Parish such a certain Rent in lieu of Tithes during the Time wherein the Rent or Sum of Money distrained for incurred, which Rent or Sum of Money was then and still remains due, without further setting forth this Act in either Case, or any other special Matter; and it shall be lawful for the Defendant or Defendants in any Action of Trespass to plead the General Issue, and give the special Matter in Evidence. Yearly Rents V. Provided always, and be it further enacted, That in all Cases not exceeding where the Amount due from any Person or Persons in respect of the ioj. may be yearly Rents or Sums payable under this Act shall not exceed the beforeTwo Sum f Ten Pounds, the same may be recovered by the said Rector Justices. and his Successors, or by the Person appointed by him or them to collect or receive the said yearly Rents or Sums of Money, before any Two Justices of the Peace for the said County Palatine of Lancaster, by all such Means, and subject to all such Provisions and Remedies, by Appeal or otherwise, as Tithes not exceeding the Value of Ten Pounds are or may be recoverable before the Justices of the Peace by any Law or Statute now existing or hereafter to be made and passed in that Behalf. Land VI. Provided...

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