|
|
What Prescriptions to be valid in Law in case of Claims of Exemption from Tithes.
|
XVIII. And be it enacted, That all Prescriptions and Claims of or for any Modus decimandi, or of or to any Exemption from or Discharge of Tithes, shall in all Cases whatever be sustained and be deemed good and valid in Law, upon Evidence showing, in Cases of a Claim of Modus decimandi, the Payment or Render of such Modus, and, in Cases of Claim to Exemption or Discharge, the Enjoyment of the Land without Payment or Render of Tithes, Money or other Matters in lieu thereof, for the full Period of Thirty Years next before the Establishment of a Composition for such Tithes under the Acts for that Purpose made, unless in the Case of a Claim of a Modus decimandi the actual Payment or Render of Tithes in Kind, or of Money or other Thing differing in Amount, Quality or Quantity from the Modus claimed, or in Case of Claim to Exemption or Discharge, unless the Render or Payment of Tithes, or of Money or other Matter in lieu thereof, shall be shown to have taken place at some Time prior to such Thirty Years, or it shall be proved that such Payment or Render of Modus was made, or such Enjoyment was had by some Consent or Agreement expressly made or given for that Purpose by Deed or Writing, and if such Proof in support of the Claim of Exemption shall be extended to the full period of sixty Years next before the Establishment of such Composition, such Claim shall be deemed absolute and indefeasible unless it shall be proved that such payment or absolute and indefeasible unless it shall be proved that such Payment or Render of Modus was made or such Enjoyment was had by some Consent or Agreement expressly made or given for that Purpose by Deed or Writing; and where the Render of Tithes or Compositions for Tithes might have been, in case this Act had not been made, demanded by any Archbishop, Bishop, Dean, Prebendary, Parson, Vicar, or other Corporation Sole, whether Spiritual or Temporal, or by the said Ecclesiastical Commissioners, then every such Prescription or Claim shall be valid and indefeasible upon Evidence such Prescription or Claim shall be valid and indefeasible upon Evidence showing such payment or Render of Modus made or Enjoyment had as is herein-before mentioned, applicable to the Nature of the Claim, for and during the whole Time that Two Persons in succession shall have held the Office or Benefice in respect whereof such Render of Tithes in Kind might have been claimed, and for not less than Three years after the Appointment and Institution or Induction of a Third Person thereto: Provided always, that if the whole Time of the holding of such Two Persons shall be less than Sixty Years, then it shall be necessary to show such Payment or Render of Modus made or such Enjoyment had, not only during the Whole of such Time, but also during such further Number of Years either before or after such Time, or partly before and partly after, as shall with such Time be sufficient to make up the full Period of Sixty Years, and also for and during the further Period of Three years after the Appointment and Institution or Induction of a Third Person to the same Office or Benefice, unless it shall be proved that such Payment or Render of Modus was made, or such Enjoyment was had, by some Consent or Agreement expressly made for given for that Purpose by Deed or Writing.
|
