VI. 1. In consequence of a decision in the Law Courts, if a tithe-owner should make default in payment of rates, as many have done, the only remedy for the collector was to recover from the occupier for a debt which was none of his; and the only remedy which the occupier had for this payment was to recover it from his landlord; and the landlord was to recover it from the tithe-owner. Here was a remarkable roundabout way to recover payment of rates from the proper person—the tithe-owner. Many tithe-owners, in order to annoy and irritate rate-collectors and tithe-payers, would not pay the rates. They knew well and took advantage of the legal ruling, and so they would not pay until rate-collectors, tithe-payers, and landlords, had to go through the above legal process to get payment of the rates from them. And so this subsection was framed in order to put a stop to such conduct on the part of tithe-owners, who are now bound to pay the rates, and it also repeals any part of any Act which authorizes payment from the occupier of rates on tithe rentcharge.
VIII. 1. This is generally called the “Relief Clause.” Quite a misnomer. This paltry relief was given for the great benefits and advantages which the tithe-owners derive from this Act. The relief will affect only a few farms in each county. In estimating the annual value of the lands, the valuable building erected will be taken in the valuation, and so tend to diminish the amount of remission of tithe rentcharge.
APPENDIX A.
Archbishops and Bishops.
Statement of commuted tithes in possession of Archbishops and Bishops in 1836. See (1) and (4) at [p. 210].
| £ | s. | d. | ||||||||
|---|---|---|---|---|---|---|---|---|---|---|
| 1. | Bishop of Bangor | 5,560 | 11 | 10 | in | 3 | counties | from | 17 | parishes. |
| ” Bath and Wells | 1,831 | 11 | 0 | in | Somerset | ” | 11 | ” | ||
| Archbishop of Canterbury | 30,713 | 16 | 7 | in | 4 | counties | ” | 67 | ” | |
| Bishop of Carlisle | 7,353 | 16 | 2 | ” | 2 | ” | ” | 13 | ” | |
| 5. | ” Chester | 14,702 | 16 | 4 | ” | 8 | ” | ” | 31 | ” |
| Chichester | 2,118 | 18 | 1 | ” | 1 | ” | ” | 7 | ” | |
| Durham | 1,181 | 16 | 9½ | ” | 2 | ” | ” | 6 | ” | |
| Ely | 16,764 | 3 | 4 | ” | 7 | ” | ” | 48 | ” | |
| Exeter | 1,027 | 10 | 0 | ” | 2 | ” | ” | 4 | ” | |
| 10. | ” Gloucester & Bristol | 10,191 | 1 | 4½ | ” | 7 | ” | ” | 35 | ” |
| Hereford | 8,022 | 16 | 4 | ” | 3 | ” | ” | 38 | ” | |
| Lichfield | 7,128 | 12 | 7 | ” | 4 | ” | ” | 11 | ” | |
| Lincoln | 7,676 | 7 | 1 | ” | 3 | ” | ” | 15 | ” | |
| London | 7,538 | 4 | 1 | ” | 3 | ” | ” | 11 | ” | |
| 15. | ” Llandaff | 2,936 | 7 | 7 | ” | 3 | ” | ” | 12 | ” |
| Norwich | 7,926 | 7 | 4 | ” | 2 | ” | ” | 20 | ” | |
| Oxford | 4,844 | 19 | 9 | ” | 4 | ” | ” | 10 | ” | |
| Peterborough | 140 | 0 | 0 | ” | 1 | ” | ” | 1 | ” | |
| Rochester | 4,451 | 9 | 4 | ” | 3 | ” | ” | 7 | ” | |
| 20. | ” Salisbury | 3,683 | 14 | 5 | ” | 2 | ” | ” | 4 | ” |
| St. Asaph | 8,126 | 0 | 0 | ” | 4 | ” | ” | 21 | ” | |
| St. David’s | 5,363 | 0 | 0 | ” | 7 | ” | ” | 24 | ” | |
| Winchester | 3,685 | 0 | 0 | ” | 2 | ” | ” | 4 | ” | |
| Worcester | 1,803 | 1 | 6 | ” | 1 | ” | ” | 5 | ” | |
| 25. | Archbishop of York | 24,944 | 13 | 7 | ” | 3 | ” | ” | 36 | ” |
| £189,718 | 11 | 0 | from | 458 | parishes. | |||||
It must be noted, that these are commuted tithes; but the tithes were much higher in value.