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Tithe Act 1840

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IVProvision for Land Owner paying estimated Proportion of Rent-charge in aid of Security.

And be it enacted, That if any Owner of Lands so discharged from such Liability shall be desirous of paying, in exoneration of such Security, the Proportion of Rent-charge to which the whole of such Lands, whether in his own Occupation or in the Occupation of any Tenant, shall be liable, it shall be lawful for such Owner to apply in Writing to the Valuer or Valuers appointed to apportion such Rent-charge, at any Time after they shall have subscribed the Declaration required in that Behalf in the said first-recited Act, and before the Confirmation of the Apportionment, and to demand of such Valuer or Valuers a Statement of the probable Amount of such Proportion, and such Valuer or Valuers shall and he or they is or are hereby required to furnish the same accordingly, and shall distinguish therein the probable Amount to which the whole of the Lands in the Occupation of any Tenant under such Owner would be liable ; and on Receipt thereof such Owner may cause a Copy of such Statement, or an Extract of such Parts thereof as shall relate to the Lands in the Occupation of any Tenant, who, but for such Declaration of Discharge, would be liable to the Render or Payment of Tithe in respect of such Lands, to be served on such Tenant by leaving the same at his usual Place of Abode, with an Undertaking subscribed thereto by such Owner to pay the Amount set forth in such Statement in aid or exoneration of such Security ; and in every such Case such Tenant shall thenceforward be liable to pay to such Owner, by way of additional Rent, such estimated Proportion at the half-yearly Days of Payment fixed in the Award or Agreement for Payment of Rent-charge; and such Owner shall be entitled to demand and recover the same as Rent by all the usual Remedies for Recovery of Rent in arrear, until the half-yearly Payment falling due next after the Confirmation of the Apportionment: Provided always, that it shall be lawful for any such Land Owner or Tenant, at any Time within Six Months after the Date of such Confirmation, to apply to the said Commissioners to take an Account of the Amount paid by any such Tenant, and certify the Amount of the Difference, if any, between the Amount so paid and the Amount of Rent-charge calculated as finally apportioned on such Lands for the same Period as such estimated Amount has been paid, and if the Rent-charge finally apportioned shall be greater than the Amount so paid it shall be lawful for such Owner to demand and recover the Difference accordingly; but if such Tenant shall have paid more than the Amount of such Rent-charge, then it shall be lawful for such Tenant, or (in case of his Death) for his Executors or Administrators, to deduct the Excess so verified as aforesaid from the next Payment of Rent accruing after the Date of such Certificate : Provided also, that in the event of the Expiration or other sooner Determination of the Period of Tenancy before the Confirmation of the Appointment such Excess shall be deemed a Debt due to the Tenant, his Executors or Administrators, and shall be recoverable in an Action of Debt to be brought against such Land Owner as aforesaid, or his personal Representatives.

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