2 & 3 WILL. 4, c. 100. "An Act for shortening the Time required in Claims of Whereas the expence and inconvenience of suits instituted for the recovery of tithes may and ought to be prevented by shortening the time required for the valid establishment of claims of a modus decimandi, or exemption from or discharge of tithes, (i) be it therefore 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 all prescripWhat pretions and claims of or for any modus decimandi, (j) or of scriptions and or to any exemption (k) from or discharge of tithes by dus deciman- composition real or otherwise, shall in cases where the di to be valid render of tithes in kind shall be hereafter demanded by our said lord the king, his heirs or successors, or by any Duke of Cornwall, or by any lay person, not being a corporation sole, (1) or by any body corporate of many, whether temporal or spiritual, be sustained and be deem claims of mo in law. by enjoyment during the respective periods mentioned in the first and third sections, even though the parties acquiescing may have had particular estates only, unless the right exercised is founded on some writing. (i) Non-payment of tithes does not raise as against a lay impropriator a presumption of a giant of the tithes to the land-owner, Bayley v. Drever and others, 1 Ad. & Ell. 449; 3 N. & M. 885. (j) The case de modo decimandi, 13 Rep. 40; Driffield v. Örrell, 6 Price, 324; 3 E. & Y. 834; Bishop of Winchester's case, 2 Rep. 44. It must be certain and invariable, Bandrick v. Bushel, 1 Keb. 602. The subject of it must be beneficial to the tithe-owner, Hall v. Maltby, 6 Price, 255; 3 E. & Y. 928; and be as durable as the tithe, Perry v. Soam, Cro. Eliz. 139; 2 P. Wins. 462. (k) Cru. Dig. tit. 22, s. 56. (1) 1. Where he acts in a corporate capacity for his own benefit: 2. where he acts only as a trustee for others; the case of Sutton's Hospital, 10 Rep. 1; Fulwood's case, 4 Rep. ed good and valid in law, upon evidence showing in cases of claims of a modus decimandi, the payment or render of such modus, and in cases of claim to exemption or discharge showing the enjoyment of the land, without payment or render of tithes, money, or other matter in lieu thereof, for the full period of thirty years next before the time of such demand, unless, in the case of claim of a modus decimandi, the actual payment or render of tithes in kind or of money, or other thing differing in amount, quality, or quantity from the modus claimed, or in case of claim to exemption or discharge the render or payment of tithes, or of money, or other matter in lieu thereof, shall be shown to have taken place at some time prior to such thirty years; or it shall be proved that such payment or render of modus was made or enjoyment had by some consent or agreement expressly made or given for that purpose by deed or writing; and if such proof in support of the claim shall be extended to the full period of sixty years next before the time of such demand; in such cases the claim shall be deemed absolute and indefeasible; unless it shall be proved that such payment or render of modus was made or enjoyment had by some consent or agreement expressly made or given for that purpose by deed or writing: and where the render of tithes in kind shall be demanded by any archbishop, bishop, dean, prebendary, parson, vicar, master of hospital, or other corporation sole, whether spiritual or temporal, then every such prescription or claim shall be valid and indefeasible upon evidence shewing such payment or render of modus made, or enjoyment had, as is herein before mentioned, applicable to the nature of the claim, for and during the whole time that two persons in succession shall have held the office or benefice in respect whereof such render of tithes in kind shall be claimed; and for not less than three years after the appointment and institution or induction of a third person thereto Provided always that if the whole time of Proviso. the holding of such two persons shall be less than sixty years then it shall be necessary to shew such payment or render of modus made or enjoyment had, (as the case may be,) not only during the whole of such time, but also during such further number of years, either before What com tithes shall be considered valid. or after such time, or partly before and partly after, as shall, with such time, be sufficient to make up the full period of sixty years: and also for and during the further period of three years after the appointment and institution or induction of a third person to the same office or benefice, unless it shall be proved that such payment or render of modus was made or enjoyment had by some consent or agreement, expressly made or given for that purpose by deed or writing. S. 2. That every composition for tithes which hath positions for been made or confirmed by the decree of any Court of equity in England, in a suit to which the ordinary patron and incumbent were parties, and which hath not since been set aside, abandoned, or departed from, shall be and the same is hereby confirmed and made valid in law; and that no modus, exemption, or discharge shall be deemed to be within the provisions of this Act, unless such modus, exemption, or discharge shall be proved to have existed and been acted upon at the time for within one year next before the passing of this Act. To what shall not extend. S. 4.-Provided also, and be it further enacted, that cases this Act this act shall not extend or be applicable to any case where the tithes of any lands, tenements, or hereditaments, shall have been demised by deed for any term of life, or number of years, or where any composition for tithes shall have been made by deed or writing, by the person or body corporate entitled to such tithes with the owner or occupier of the land, for any such term or number of years, and such demise or composition shall be subsisting at the time of the passing of this Act, and where any action or suit shall be instituted for the recovery or enforcing the payment of tithes in kind within three years next after the expiration, surrender, or other determination of such demise or composition. Time during which lands shall be held by persons S. 5.-Provided also, and be it further enacted, that where any lands or tenements shall have been, or shall be held or occupied by any rector, vicar, or other person entitled to the entitled to the tithes thereof, or by any lessee of any tithes thereof such rector, vicar, or other person, or by any person compounding for tithes with any such rector, vicar, or computation. other person, or by any tenant of any such rector, vicar, or other person, or of any such lessee or compounder, to be exclud ed in the whereby the right to the tithes of such lands or tenements may have been or may be during any time in the occupier thereof, or in the person entitled to the rent thereof, the whole of every such time and times shall be excluded in the computation of the several periods of time hereinbefore mentioned. which any person capa shall be an S. 6. Provided also that the time during which any As also the person capable of resisting any claim to any of the time during matters before mentioned shall have been or shall be an infant, idiot, non compos mentis, feme covert, or lay te- ble of resist nant for life, or during which any action, or suit, shall ing any claim have been pending, and which shall have been diligently infant, &c. prosecuted, until abated by the death of any party or parties thereto, shall be excluded in the computation of the periods hereinbefore mentioned, except only in cases where the right or claim is hereby declared to be absolute and indefeasible. S. 7.-That in all actions and suits to be commenced What it shall after this Act shall take effect it shall be sufficient to al- be sufficient to allege in lege that the modus, or exemption, or discharge claimed actions com was actually exercised and enjoyed for such of the pe- menced unriods mentioned in this Act as may be applicable to the der this Act. case; and if the other party shall intend to rely on any proviso, exception, incapacity, disability, contract, agreement, deed or writing hereinbefore mentioned; or any other matter of fact or of law, not inconsistent with the simple fact of the exercise and enjoyment of the matter claimed, the same shall be especially alleged, and set forth in answer to the allegation of the party claiming, and shall not be received in evidence on any general traverse or denial of the matter claimed. in support of S. 8. In the several cases mentioned in and provided No presump for by this Act no presumption shall be allowed or made tion allowed in favour or support of any claim upon proof of the any claim for exercise or enjoyment of the right or matter claimed any less pefor any less period of time or number of years than for such period or number mentioned in this Act as may be mentioned. applicable to the case and to the nature of the claim. riod than herein before Meaning of the words in the Act. "Land." 3 & 4 WILL. 4, c. 27. "An Act for the Limitation of Actions and Suits relating to Real Property, and for simplifying the Remedies for Trying the Right thereto."-[24 July, 1833.] That the 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. words and expressions hereinafter mentioned, (m) which in their ordinary signification have a more confined or a different meaning, shall in this Act, except where the nature of the provision or the context of the Act shall exclude such construction, be intepreted as follows, (that is to say,) the word "land" shall extend to manors, (n) messuages, and all other corporeal hereditaments (o) whatsoever, and also to tithes (other than tithes belonging to a spiritual (p) or eleemosynary (q) corporation sole, (r)) and also to any share, estate, or interest in them or any of them, whether the same shall be a freehold (s) or chattel (t) interest, and whether freehold or copy (m) Epithets are mere formal inferences of law; Rex v. Woodfull, 5 Burr. 2666. (n) Doe v. Heakin, 6 Ad. & Ell. 495; Parrott v. Pal3 Myl. & Kee. 362. mer, (0) Co. Litt. 4, 6, a; Winchester's case, 3 Rep. 2; Shepp. T. 91. (p) Co. Litt. 150 a; 1 Kid on Corporations, 22. (q) 1 Bell's Law Dict. tit. Community; the case of Sutton's Hospital, 10 Rep. 31, 35; Skin. 484; Lucas, 146; Phillips v. Bury, 1 Ld. Raym. 6; Rex v. Vice Chancellor of Cambridge, 3 Burr. 1652, 1656. (r) Co. Litt. 43; Case of Sutton's Hospital, 10 Rep. 29 a ; Wood's Inst. 109. (s) An interest for life or other larger estate, Watk. on Convey. by Morley and Coote, 63; Taylor v. Horde, 1 Burr. 108; and includes an encroachment from the waste, Doe v. Jauncey, 8 C. & P. 99. (1) An interest for a definite space of time; 1 Preston on Estates, 203; Corbet's case, 4 Rep. 81 b; Re Trinity House Corporation, 2 You. & Col. 526. |