Tithe Act 1839

II Power for special Apportionment of such Charge on Lands being of Three Times the Value of the Charge.

And be it enacted, That every Person entitled to exercise the Powers for Merger of Tithes or Rent-charge in Land under the said Acts or any of them, or of this Act, may, with the Consent of the Tithe Commissioners for the Time being under their Hands and Seal of Office, and of the Person to whom the Lands in which such Merger or Extinguishment shall take effect shall belong, either by the Deed or other Instrument or Declaration by which such Merger shall be effected, of by any separate Deed, Instrument, or Declaration, to be made in such Form as the Commissioners shall approve, specially apportion the Whole or any Part of any such Charge, Incumbrance, or Liability affecting the said Tithes or Rent-charge so merged or extinguished, or proposed to be merged or extinguished in such Lands, upon the same or any Part thereof, or upon any other Lands of such Person held under the same Title and for the same Estate in the same Parish, or upon the several Closes or Portions of such Lands, or according to an acreable Rate or Rates upon Lands of different Quality, in such Manner and Proportion, and to the Exclusion of such of them, as the Person intending to merge the same, with such Consent as aforesaid, may by any such Deed, Instrument, or Declaration direct: Provided always, that no Land shall be so exclusively charged unless the Value thereof shall in the Opinion of the said Commissioners be at least Three Times the Value of the Amount of the Charge, Incumbrance, or Liability charged or intended to be charged thereon, over and above all other Charges and Incumbrances, if any, affecting the same.