6 & 7 Will. 4, c. 71. THE TITHE ACT, 1878. 41 & 42 VICT. CAP. 42. An Act to amend and further extend the Acts for the commutation of tithes in England and Wales. [8th August, 1878.] WHEREAS an Act was passed in the session of Parliament held in the sixth and seventh years of the reign of His late Majesty, King William the Fourth, intituled "An Act for the commutation of tithes in England and Wales," and the said Act has been amended, and the provisions thereof have been extended, by Acts passed in the sessions of Parliament held respectively in the first year, the first and second years, the second and third years, the third year, the fifth and sixth years, the ninth and tenth years, and the twenty2 & 3 Vict. third and twenty-fourth years of the reign of Her present 3 & 4 Vict. Majesty : 7 Will. 4 & 1 Vict. c. 69. 1 & 2 Vict. c. 64. c. 62. c. 15. 5 & 6 Vict. c. 54. And whereas it is expedient that the said Acts should be amended, and that the provisions thereof should be further Vict. c. 73. extended in manner hereinafter mentioned: 9 & 10 23 & 24 Vict. c. 93. Sect. 1. Redemption of tithe on land required for public pur poses. Be it, therefore, enacted by the Queen'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, as follows: 1. In all cases where land charged with rentcharge in lieu of tithes (a) is taken for any of the following purposes; (that is to say,) The building of any church, chapel, or other place of public worship; the Sect. 1. The making of any cemetery or other place of burial ; The erection of any town hall, court of assize, gaol, lunatic The formation of any sewage farm under the provisions of the sanitary Acts, or the construction of any sewers or sewage works, or any gas or water works ; Or the enlarging and improving of the premises or buildings occupied or used for any of the abovementioned purposes; person or persons proposing to carrying out the abovementioned works, buildings, or improvements shall, as soon as the said person or persons are in possession of the land, and before the land is applied to any of the purposes aforesaid, apply to the Tithe Commissioners (d) to order the redemption of the rentcharge for a sum of money equal to twenty-five times the amount thereof; and the redemption money, with the expenses incident to the redemption, shall be paid to the said commissioners within a time to be fixed by such order, or within any enlarged time the commissioners may appoint, and the commissioners shall apply such redemption money in the manner provided by the said Acts. (a) By the Tithe Rentcharge Redemption Act, 1885 (48 & 49 Vict. c. 32), s. 2, the provisions of this and the other recited Acts are extended to "all corn rents, rentcharges, and money payments, payable out of or charged on any lands by virtue of any Act of Parliament in lieu of tithes." (b) For provisions of that Act as to acquisition of land, see ante, p. 502. (c) The Artizans Dwellings Act, 1875, has been repealed and in effect re-enacted by the Housing of the Working Classes Act, 1890, post. (d) The powers and duties of the commissioners under the Tithe Acts Vict. c. 75. 38 & 39 Vict. c. 36. Sect. 1. was transferred to the Board of Agriculture by the Board of Agriculture Act, 1889 (52 & 53 Vict. c. 30), s. 2. Application for redemption. As to compensation for tithes generally, see Lands Clauses Consolidation Act, 1845, s. 68, note "Tithes," ante, p. 140. 2. The application to the said commissioners in respect of any such land may be signed by the secretary of any company which shall have taken the land, or in the case of a corporation, school, or other board, by the clerk of the said board or corporation, and in every other case by such person or persons as the commissioners may require. * THE CUSTOMS BUILDINGS ACT, 1879. 42 & 43 VICT. CAP. 36. An Act for the transfer of property held for the service of Her Majesty's Customs to the commissioners of Her Majesty's works and public buildings; and for other purposes. [11th August, 1879.] Be it enacted by the Queen'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, as follows: 1. This Act may be cited for all purposes as the Customs Sect. 1. Buildings Act, 1879. Short title. Islands, 2. All lands and hereditaments of freehold or leasehold Lands, &c., tenure in Great Britain, the Isle of Man, and the Channel in Great Britain, Islands, which are now vested in the Secretary to the Com- the Isle of Man, and missioners of Her Majesty's Customs (hereinafter called the the Commissioners of Customs), or any other person in trust for Channel the same commissioners or for the service of Her Majesty's for service Customs, shall become and are hereby vested in the Commis- of the sioners of Her Majesty's Works and Public Buildings (here- to vest in inafter called the Commissioners of Works) for the public sioners of service, and shall be subject to the provisions of the Act of Works, &c. the fifteenth and sixteenth years of the reign of Her present Majesty, chapter twenty-eight, in all respects as if the same had been acquired under the provisions of that Act. The Act mentioned in this section is the Commissioners of Works Act, 1852. That Act, which amended the Crown Lands Act of 1851, constituted "The Commissioners of Her Majesty's Works and Buildings,' as a corporation with that name and with a common seal for the purpose of purchasing, holding, and managing lands necessary for the public service. They were not empowered to purchase land compulsorily nor were the Lands Clauses Acts incorporated even in respect of voluntary purchases, but the Commissioners of Public Works Act, customs, Commis Sect. 2. 1894 (57 & 58 Vict. c. 23), incorporated the Lands Clauses Acts with the above Act for the purpose of the purchase of land by the commissioners " except the provisions thereof relating to the purchase and taking of land otherwise than by agreement." The Inland Revenue Buildings Act, 1881 (44 & 45 Vict. c. 10), also gives the commissioners power to purchase land voluntarily for the service of the Inland Revenue and incorporates the Lands Clauses Acts with the same exception. Powers to take land for specific purposes have also been given to the Commissioners of Works from time to time, see, for example, the Public Offices Sites Act, 1882, 45 & 46 Vict. c. 32. Copyholds now vested to remain so, but in trust for Commis 3. All lands of copyhold or customary tenure which are in customs now vested in the Secretary to the Commissioners of Customs, or any other person in trust for the same commissioners or for the service of Her Majesty's Customs, shall remain vested in such secretary or other person, but in trust for the Commissioners of Works for the public service, and shall be subject to the provisions of the said Act of the fifteenth and sixteenth years of the reign of Her present Majesty, chapter twenty-eight, in all respects as if the same had been acquired under the provisions of that Act. sioners of Works. As to completion of 4. All contracts entered into by or on behalf of the Comexisting missioners of Customs in respect of any lands or hereditacontracts. ments in Great Britain, the Isle of Man, or the Channel Islands for the service of Her Majesty's Customs, and not at the passing of this Act fully performed and completed, may be enforced and shall be formed and completed for the public service in like manner as if the Commissioners of Works had been parties thereto instead of the Commissioners of Customs. Commis sioners of 5. The Commissioners of Works shall, under and subject Works to the provisions of the Act of the fifteenth and sixteenth empowered years of the reign of Her present Majesty, chapter twentychase eight, from time to time purchase, hire, or otherwise acquire lands, &c. such buildings, lands, or other hereditaments as may be tion of necessary for the service of Her Majesty's Customs within to pur Incorpora Lands Clauses 8 & 9 Vict. Great Britain, the Isle of Man, or the Channel Islands; and for the purposes of any such purchase the Lands Clanses Consolidation Act, 1845, and the Lands Clauses Consolidation (Scotland) Act, 1845, and the Acts amending the same |