The Corn Rent Annuities (Apportionment and Redemption) Rules 1951

1.  These Rules may be cited as the Corn Rent Annuities (Apportionment and Redemption) Rules, 1951, and shall come into operation on the first day of September, 1951.

2.  In these Rules:

“the Commission” means the Tithe Redemption Commission;

“corn rent annuity” means an annuity charged on land for the redemption of tithe rentcharge or of a corn rent, rentcharge or money payment redeemed under the Tithe Acts, 1836 to 1936 (1);

“applicant” includes a person making a requisition.

3.—(1) A requisition under the provisions of Section 191 of the Law of Property Act, 1925, for a certificate of the amount of money in consideration whereof a corn rent annuity may be redeemed shall be made in the Form A set forth in the Schedule hereto or to the like effect.

(2) An application under the provisions of subsection (7) of Section 191 of the Law of Property Act, 1925, for the apportionment of a corn rent annuity and for the redemption of part thereof shall be made in the Form B set forth in the said Schedule or to the like effect.

(3) An application under the provisions of the Tithe Annuities Apportionment Act, 1921, or of Section 192 of the Law of Property Act, 1925, for the apportionment of a corn rent annuity may be made in the Form C set forth in the said Schedule or to the like effect.

(4) Each such requisition or application as aforesaid shall be accompanied by the details specified in the Form D set forth in the said Schedule or to the like effect.

(5) Any person interested in a corn rent annuity who applies that, as a condition of making an Order of Apportionment of that corn rent annuity, the Commission shall require that any apportioned part of the annuity which does not exceed £2 shall be redeemed forthwith shall make his application in the Form E set forth in the said Schedule or to the like effect.

4.—(1) Any person requiring the Commission under Section 191 of the Law of Property Act, 1925, to certify the amount of money in consideration whereof a corn rent annuity may be redeemed shall serve a copy of his requisition on the persons interested in or entitled to the annuity.

(2) Any person applying to the Commission under any of the before mentioned statutory provisions for an apportionment of a corn rent annuity shall serve a copy of his application on the person entitled to or interested in the annuity, and on each person, other than the applicant, who is interested in the land on which the annuity is charged or in any part of such land.

(3) A copy of a requisition or application by these Rules required to be served on any person shall be sufficiently served if it is served in accordance with the provisions of subsection (1) of Section 42 of the Tithe Act, 1936, or by such other mode of service as the Commission may direct.

5.  For the purposes of any proceedings for, or relating to, the redemption of a corn rent annuity, the Commission may accept as sufficient evidence of the title to the annuity a statutory declaration by the person in receipt of the annuity or his solicitor, stating—

(i) the nature and extent of such person's estate and interest in the annuity;

(ii) the date and short particulars of the instrument under which his estate or interest is derived;

(iii) the names and addresses of the trustees, if any, under such instrument; and

(iv) whether there are any other interests affecting the annuity and, if so, the nature of them and how they arise:

Provided that the Commission if they deem it expedient may accept a statement in writing by some person in lieu of such a statutory declaration.

6.  The costs of proceedings for the redemption or apportionment of a corn rent annuity under the statutory provisions referred to shall be borne by the applicant therefor, unless the Commission consider that the conduct of any other party has been unreasonable or that any other party has unreasonably refused a proposal made by such applicant, or unless the circumstances of the case are, in the opinion of the Commission, exceptional, in any of which cases the Commission may give such direction as to the payment of the whole or any part of the costs as they may consider just.

In witness whereof the Official Seal of the Tithe Redemption Commission is hereunto affixed this 20th day of August, 1951.

L.S.

H. G. Richardson

Secretary to the Commission