Inclosure Act 1845

75 †Allotments for the labouring poor may be made subject to a corn rent-charge, to vary and be recoverable as a tithe rent-charge. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 Every such rent-charge shall be paid by equal half-yearly payments on the first day of July and the first day of January, the first of such half-yearly payments to be made on the first of such half-yearly days after the expiration of three years from the date of the confirmation of such award; and such sum of money shall be payable in respect of such yearly rent-charge as according to the prices ascertained by the then next preceding advertisement for the purposes of the Tithe M1 Act 1836 would have been payable in respect of a rent-charge of like amount charged on lands under the provisions of such Act; and the sum of money thenceforth payable in respect of such rent-charge charged under the provisions of this Act shall vary so as always to consist of the price of such number of bushels, and decimal parts of a bushel, of wheat, barley, and oats respectively according to the next preceding advertisement for the time being, in like manner as if the same had been a rent payable under the provisions of the Tithe M2 Act 1836 and the persons entitled to any rent-charge charged under the provisions of this Act shall have the same powers and remedies for enforcing payment thereof, in all respects, as are by the Tithe M3 Act 1836 or by any Act for amending the same, given to the persons entitled to rent-charges charged under the Tithe M4 Act 1836 for recovering and enforcing payment of such last-mentioned rent-charges; and nothing herein or in such award contained shall render any person personally liable to the payment of any rent-charges to be charged under the provisions of this Act: Provided always, that when such allotment, or any part thereof, shall be let and occupied as gardens under the provisions herein-after contained, the person for the time being entitled to the rent-charge charged thereon shall not distrain for such rent-charge on the occupiers of such gardens, but the person so entitled may in case such rent-charge shall be in arrear, give notice to the occupiers of such gardens, and to the allotment wardens, or any of them, and shall thenceforth, until the arrears of such rent-charge, with all expences occasioned by the nonpayment thereof, shall be fully paid, be entitled to receive all the rent which after such notice shall accrue in respect of such gardens, and shall have the same remedies for recovering such rent, and the same powers of determining the tenancy of such occupiers, and of letting and dealing with such allotment, as such allotment wardens would have had in case such rent-charge had not been in arrear; and in case the said allotment wardens, or any of them, after such notice shall have been given to them as aforesaid, and before the arrears of such rent-charge, with all such expences as aforesaid, shall have been fully paid, shall receive any rent from the occupiers of such gardens, such of the allotment wardens as shall have received such rent shall, on demand, pay to the person then entitled thereto the arrears of the said rent-charge then remaining unpaid, and the expences occasioned by the nonpayment thereof; and in default of such payment, on demand, such arrears of rent-charge and expences may be recovered from the allotment wardens liable to pay the same, as penalties are recoverable under this Act.

Textual Amendments

F1 Words repealed by Statute Law Revision Act 1891 (c. 67)

Modifications etc. (not altering text)

C1 Unreliable marginal note

C2 “Every such rent-charge” means a corn rent-charge being a rent-charge which varies and is recoverable as a tithe rent-charge

Marginal Citations

M1 1836 c. 71.

M2 1836 c. 71

M3 1836 c. 71

M4 1836 c. 71.