Edgbaston (Warwickshire) commutation of tithes Act 1821
| Jurisdiction | UK Non-devolved |
| Citation | 1821 c. 35 |
ANNO PRIMO & SECUNDO
GEORGII IV. REGIS,
**9*9*****M*tt******************#*******i*****^****
Cap,
35.
An Act to commute for a Corn Rent theVicariat
Tithes and Payments in lieu
thereof,
payable to
the Vicar of the Parish of Edgbaston in the County
of Warwick. [8th June 1821.J
W
HEREAS the Right Honourable
George
Lord
Calthorpe
is,
Patron of the Vicarage or Perpetual Curacy of
Edgbaston
in
the County of
Warwick,
and the Reverend
Charles
Pixell Clerk
is the present Vicar or Perpetual Curate
thereof,
and as such is or claims
to be entitled to the Vicarial Tithes yearly arising, growing, or renewing
within the said Parish, or to certain Compositions or prescriptive Payments
in lieu of such Tithes: And whereas the said
George
Lord
Calthorpe
and
several other Persons are the Owners of the Lands and Estates in the said
Parish: And whereas the Owners and Occupiers of Lands and Estates
within the said Parish claim Exemptions from yielding the said Vicarial
Tithes in kind by virtue of certain Compositions or prescriptive Payments
claimed by such Owners and Occupiers in lieu of some Part or Parts
thereof:
And whereas Disputes have arisen between the said Vicar or
Perpetual Curate and the said Owners and Occupiers respecting the said
Vicarial Tithes and Compositions or prescriptive Payments in lieu
thereof,
and it would prevent Litigation and Expence, and be of mutual Advan-
tage to the said Vicar or Perpetual Curate and his Successors, and to the
said Owners and Occupiers, if an annual Sum or annual Sums of Money
were made payable to the said Vicar or Perpetual Curate in lieu of the
Vicarial Tithes and Compositions or prescriptive Payments in lieu
thereof,
[Private.] 8 £ payable
674 P&2°GE0RGII IV. CapM.
payable within
the
said Parish:
And
whereas
it
hath been proposed
on
Behalf
of
the Owners
of
Lands
and
Estates
in the
said Parish, that
an
annual
Su^n or
annual Sums
of
^oney,
to be
ascertained, xaised,
and
varied
in
manner herein-after directed, should
be
paid to the said "Vicar
or
Perpetual -Curate
and his
Successors,
in
lieu
and
lull Satisfaction
of and
for
all
Vicarial Tithes and Compositions and prescriptive Payments
ia
Jieu
thereof,
which
of
Right belong
to or
have been received by the said Vicar
or Perpetual Curate
or any of his
Predecessors, Vicars
or
Perpetual
Curates
of the
said Parish;
and the
said Vicar
or
Perpetual Curate being
.satisfied that
it
would
be
desirable
and
beneficial
for him and his
Succes-
sors
to
accept such annual
Sum or
Sums
of
Money,
is
willing
and
desirous that
the
same should
be
ascertained, fixed,
and
settled
in
manner
herein-after mentioned
j but
such 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 th§
Commis- Authority
of the
same, That John Harris
of
Birmingham
in the
Coutity
tionersfor Q£ Warwick, Land Surveyor,
and
Richard Fowler
of
Erdington
in the
executing t
e
p^j^
0f
jLsim
near
Birmingham,
in the
said County
of
Warwick, Land
Surveyor,
and
their Successors
for the
Time being,
to be
elected
or ap-
pointed
in
manner herein-after mentioned, shall
be and
they
are
hereby
appointed
the
Commissioners
for
ascertaining the Value
of
such Vicarial
Tithes
and
Payments
in
lieu thereof as aforesaid,
and for
determining
and
fixing an annual Sum
or
annual Sums
of
Money
to be
paid
to the
said
Vicar
or
Perpetual Curate
and his
Successors, subject
to be
varied
according
to the
Directions
of
this
Act, and for
otherwise carrying this
Act into Execution.
Commis-
II. And be it
further enacted, That
no
Person shall be capable of acting
""I?6™
ln th as a
C°mm'ssi°ner
f°r the
Purposes
of
this
Act
until
he
shall have taken
* e an a and
subscribed
an
Oath
or
Affirmation
in
the Words
or to the
Effect fol-
lowing
}
(mat is to
say),
Commission-
T do swear (or
being
one °^ tne
People called Quakers
ers
Oath.
•*- do
solemnly affirm), That
I
will faithfully, impartially, and honesth/,
according
to the
best
of my
Skill
and
Ability, execute
and
perform
the
Power
and
Authority vested
and
reposed
in me as a
Commissioner
by
virtue
of an Act
passed
in the
Second Year
of the
Reign
of
King
George
the
Fourth, intituled [here set forth
the
Title
of
this Aci\f
according
to
Equity
and
good Conscience,
and
without Favour
oy
Affection, Prejudice or Malice,
to
any Person
or
Persons whomsoever.
' So
help
me GOD/
[Or being
a
Quaker omit the Words
* So
help
me
GOD.'J
Which Oath
or
Affirmation
any
Justice
of the
Peace
for the
County
of
Warwick
is
hereby empowered
to
administer;
and
such Oath
or
Affirma-
tion, when so taken and subscribed by such Commissioners, shall be annexed
to
and
deposited with
the
Award
of
such Commissioners
to be
made; by
virtue
of
this
Act.
Penalty on
m,
And be
it
further enacted, That
if
any Person shall presume
to a?t
°uaJifVS
t0 ^ a
Comnussi°ner
in the
Execution
of
this
Act, not
having taken-
and
* "'
subscribed
an
Oath,
or
being
a
Quaker
not
having made and subscribed
6
an
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