Tithe Act 1839

[F1 34 For the settlement of disputes as to boundaries. U.K.

In case there shall be any question between any parishes or townships, or between any two or more land owners, touching the boundaries of such parishes or townships,or the lands of such land owners respectively, or if such parishes or townships or land owners shall be desirous of having such boundaries ascertained or a new boundary line defined, it shall be lawful for the said commissioners, or any assistant commissioner, on the application in writing of a majority of not less than two thirds in number and value of the land owners of such parishes or townships in the case of parochial or township boundaries, or on the like application of such two or more land owners in the case of boundaries between their lands, to deal with any dispute or question concerning such boundaries, and to ascertain, adjust, set out, and define the ancient boundaries between such parishes or townships or the lands of such landowners respectively, or draw and define a new line of boundary, as they may see fit; and in every such case the powers and provisions of the said recited Acts and of this Act, so far as the same may, in the judgment of the said commissioners or assistant commissioner respectively, be applicable, shall extend and may be applied by them or him to such question; and the boundary line so ascertained or newly defined by the said commissioners or assistant commissioner shall thenceforward be the boundary line of and between such parishes, townships, or lands of such land owners respectively for all purposes whatsoever: Provided always, that nothing in this provision contained shall extend to any boundary or part of a boundary being also the boundary line or part of the boundary line of any county, or to the boundary line of any copyhold or customary land, unless the consent in writing of the lord of the manor whereof such land is holden to such application being dealt with by the said commissioners or assistant commissioner shall have been first sent to them or him for such purpose: Provided also, that every such boundary line shall be duly set out and delineated on the map annexed to the schedule of appointment, or upon a separate plan to be attached thereto, with proper descriptions and references, showing in what respects such map so annexed to the apportionment is varied, and in what respect the several closes whereon any rent-charge is fixed are affected thereby; and such map shall in every such case be deemed to be varied by such plan, and be as valid for all purposes as if the same had been originally drawn and sealed or certified by the said commissioners with such variation. ]

Textual Amendments

F1 S. 34 repealed (prosp.) by Corn Rents Act 1963 (c. 14), s. 3(4), Sch.

Modifications etc. (not altering text)

C1 S. 34 amended by Tithe Act 1840 (c. 15), s. 28