How far Per interested an- 3° GEO. IV. A.D. 1822. so beneficially interested in such Land shall and may sue for, levy and recover such Tithes accordingly, to all Intents and Purposes, as if no such Lease had been made; any thing in this Act contained to the contrary in any wise notwithstanding. sons beneficially beneficially interested in such Land shall, from the Time of his XIII. Provided always, That in every such case the Person so executing the Counterpart of such Lease as aforesaid, be answerable for the Rent reserved in and by such Lease, as fully, to all Intents and Purposes, as if he were in the actual Occupation of the Lands out of which such Tithes shall be issuable. Rent. How far only to Lessor of Tithes for Rent of Tithe; nor to Lessee for Tithes of any Land not held by such Occupier. Possession of Land by Occupier discharged of Tithes; or Receipt of Tithes by Land Tithes shall be demised to any Person beneficially interested in XIV. Provided also, and be it enacted, That whenever any the Land out of which such Tithes shall be issuable, not being the actual Occupier of such Land, the Occupier or Occupiers of such Land, or of any Part thereof, shall not in any case be liable to the Payment of the Rent or any Part of the Rent of such Tithes, to the Lessor of such Tithes, nor to any Distress for the same, beyond the Amount of the Rent payable by such Occupier or Occupiers respectively, for the Land actually holden by such Occupier or Occupiers; and that no Occupier or Occupiers of Land shall be liable to any Person beneficially interested in such Land, and being Lessee of such Tithes, for the Payment of the Tithes of any Lands not actually holden by such Occupier; any thing contained in this Act, or in any Lease or Demise of such Tithes, or any Law, Usage or Custom to the contrary standing. in wise notwithany joyment of the Lands out of which such Tithes shall be issuable XV. And be it further enacted, That the Possession and Enby the Occupier of such Lands, discharged from the Payment of such Tithes, for the Continuance of the Lease of such Tithes, or the Receipt of such Tithes by the Landlord of such Occupier in lord, deemed a Possession of the Case hereinbefore provided for, during any Part of the Term Tithes by of the Lease of such Tithes, shall be deemed and taken to be, in Lessor. Law and in Fact, tantamount to and to be the actual Possession and Enjoyment of such Tithes by the Lessor or Lessors of such Tithes, and of his or their Successor or Successors, and shall and may be so alleged and insisted upon in all and every or any Proceedings and Proceeding in Law and Equity, in all Cases whatsoever. the Three Years next preceding the End, by Effluxion of Time, XVI. And be it further enacted, That if at any Time during of the Term demised by any Lease or Demise of Tithes to be made under the Regulations of this Act, the Lessee or Lessees of such Tithes under such Lease, or the Executors, Administrators or of an Interest in such Lands, which may continue longer than the Assigns of such Lessee or Lessees, shall be or become possessed Term remaining in the Lease of such Tithes, whether such longer Term or Interest in such Lands shall be a Part of the original Interest of such Lessee, or shall be held or obtained by virtue of any new Lease or otherwise, and such Lessee or Lessees of such Tithes shall be disposed to obtain a Renewal or new Lease of such Tithes, then and in any such case it shall and may be lawful to and for the Parties interested in such Lease of Tithes respectively, to grant and receive a Renewal or new Lease of such Tithes, either alone or together with any other Tithe or Tithes, Lessee of Tithes having a new Term in Lands, may renew Lease of Tithes within the last Three Years previous to its Determi nation. in in like Manner and under all such and the same Restrictions, Qualifications, Conditions and Requisites, as are hereinbefore required with respect to every such Lease of Tithes; and every such new Lease shall commence and take effect from the making thereof; and when such new Lease of such Tithes shall be complete in all respects, and duly registered in manner required by this Act, the same shall not be avoided or impeached by reason of the Existence of such former Lease, but from the Registration' of such new Lease, the former Lease shall cease and determine to all Intents and Purposes, except only as to the Recovery of any Rent then due under the same: Provided always, that nothing herein contained shall extend or be construed to extend to authorize the Surrender or Renewal of any Lease of Tithes made under this Act, at any Time more than Three Years distant from the End of the Term originally demised by any such Lease; and that any Lease, made at any Time more than Three Years distant' from the End of such original Term, by Effluxion of Time, shall be null and void to all Intents and Purposes whatsoever. Not to authorize Renewals, except within last Three Years of Term originally demised. XVII. And to prevent Doubts and Disputes as to the Form of Form of Lease the Lease of such Tithes, be it enacted, That every such Lease of Tithes. shall be in the Form here following, or in some other Form of Words of that or the like effect; that is to say, THIS Indenture, made the Day of between A. B. (the Lessor of the Tithes) of ' of the one Part; and C. D. [or, C. D. & E. F.] (the Person 6 Years, or for and during the Life [or Lives] of [here set out the Lessee's Interest:] And whereas the said Lands are subject to the Payment of Tithe, or, Half or other Portion of Tithe, to the said A. B. and his Successors, [here set out in what Right they are entitled to the said Tithe, or Half or other Portion of Tithe :] And whereas the said A. B. (with the Consent of G. H. Patron, &c. and I. K. Ordinary, &c. (as the case may be), testified by Indorsement on this present Indenture) hath agreed to demise the said Tithe, or, Half or other Portion of Tithe of the said Lands, according to the Statute in such case 'made and provided, on the Terms hereinafter contained: Now this Indenture witnesseth, That the said A. B., for and in con⚫sideration of the Rents and Covenants hereinafter contained, hath demised, granted and set, and by these Presents doth de'mise, grant and set, all and every the said Tithes, or, Half or other Portion of Tithes, so payable to the said A. B. and his Successors, out of the said Lands and every Part and Parcel thereof, to have and to hold the same to the said C. D. [or, to the said C. D. & E. F. as the case may be], or to his [or their] Heirs, Executors, Administrators and Assigns, being Occupiers [or Owners] of the said Land, from the First Day of May last past [or next coming, as the case may be] for and during and unto the full End and Term of Years [adding, if the Interest of such Lessee shall be for a Life or Lives not renewable, these Words, to wit; "provided the said Life or Lives or any of them (as the case may be) shall so long continue"]; and the said C. D. [or, C. D. & E. F. as the case may be] in Consideration thereof, hath given and granted, and by these Presents doth give and grant, unto the said A. B. and his Successors, One yearly Rent or Sum of clear of all Taxes, Charges, Assessments and Impositions what'soever, to be issuing out of all that and those the Lands and Tenements aforesaid, to have and to hold the said yearly Rent 'or Sum of to the said A. B. and his Successors from the First Day of May aforesaid, for and during the Continuance of the Demise so made to the said C. D. [ar C. D. & E. F. as the case may be] as aforesaid; the said yearly Rent or Sum to be paid and payable by Two equal Half yearly Payments, on every First Day of November and First Day of May during the said Term; and further, the said C. D. [or C. D. & E. F. as the case may be] doth [or do, and each of them doth] grant and agree, to and with the said A. B. and his Successors, that in case the said yearly Rent or any Gale or 'Part thereof, shall at any Time be due and unpaid by the Space of Three Calendar Months after any of the said Days of Pay'ment thereof, then and in every such case it shall and may be lawful to and for the said A. B. and his Successors unto the said Lands and Tenements, or any Part or Parts thereof, to en'ter and distrain, and the Distress and Distresses there found to take, lead, drive, carry away, sell and dispose of, according to paw, for the Recovery of the Sum or Sums to them due, and the reasonable Costs of so recovering the same: And it is hereby further agreed, by and between the said Parties, that in case the said Rent or any Gale thereof, shall be due, behind and unpaid, for the Space of Three Calendar Months next after " any of the said Gale Days respectively, then and in every or any such case, the said Demise hereinbefore contained, and every Part thereof, shall, at the Election of the said A. B. and his Successors, but not otherwise, be and be deemed and taken to be null and void, to all Intents and Purposes, from the said Gale Day; and in such case it shall and may be lawful to and for the said A. B. and his Successors, to take and receive all and every Tithe, or, Half or other Portion of Tithe, of the Growth, Produce or Increase of the said Lands, or of any Part thereof, which shall have been severed since the said Day from which such Lease shall be so void, or to proceed for or in respect of the Subtraction thereof, in the same manner in all respects as if this Lease had not been made: And the said C. D. for himself, his Heirs, Executors, Administrators and Assigns, doth hereby covenant, promise and agree, to and with the said A. B. and his Successors, that he the said C. D. his Heirs, Executors, Ad'ministrators and Assigns, or some of them, shall and will from 'time to time hereafter, well and truly pay or cause to be paid, unto the said A. B. and his Successors, the said yearly Rent or 'Sum of at the Days and Times herein'before mentioned for the Payment thereof, by even and equal Portions as aforesaid; [or, the said C. D. and E. F. do respec 20 ⚫tively tively for themselves, their Heirs, Executors, Administrators and Assigns, covenant, promise and agree to and with the said A. B. and his Successors, that they will respectively, from time to time hereafter, when and so long as their Interest shall continue to be, or shall become vested in possession, well and truly pay or cause to be paid, to the said A. B. and his Suc. cessors, the said yearly Rent or Sum of by equal and even Portions as aforesaid]: In Witness whereof the Parties aforesaid have hereunto set their Hands and Seals, the Day and Year first above written.' XVIII. And be it further enacted, That no Action or other No Action for Proceeding whatever shall be had or taken, by any Person whom- defeating Lease soever, for the avoiding or defeating of any Lease of Tithes made to be brought under the Provisions of this Act, unless such Person shall give but upon Six Notice in Writing of such his Intention, Six Calendar Months Months' Notice. at least before the Expiration of some Year, reckoning from the Commencement of such Lease, to the Party or Parties against whom such Action or Proceeding shall be intended to be had or brought; and such Notice shall particularly specify and set forth the Cause or Causes for which such Lease is sought to be avoided or defeated. An Act to amend the general Laws now in being for regu- HEREAS the Laws now in force for the general Regulation of Turnpike Roads in that Part of Great Britain called England, are found to be ineffectual, and require Amendment;' Wherefore, for Remedy thereof, be it enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That from and after the First Day of January One thousand The following eight hundred and twenty three, an Act passed in the Thirteenth Acts repealed, Year of the Reign of His late Majesty King George the Third, in- viz. tituled An Act to explain, amend and reduce into One Act of Par- 13 G.3. c.84. liament, the general Laws now in being for regulating the Turnpike Roads in that Part of Great Britain called England, and for other Purposes; and also an Act passed in the Fourteenth Year of His said late Majesty's Reign, intituled An Act to repeal a Clause in 14 G.3. c.14. an Act made in the Thirteenth Year of His present Majesty's Reign, intituled An Act to explain, amend and reduce into One Act of Parliament, the general Laws now in being for regulating the Turnpike Roads in that Part of Great Britain called England, and for other Purposes,' which regulates the Width of the Wheels, and the Length of Carriages liable to be weighed, and for indemnifying Persons who have offended against the said Clause; and also an Act passed in the Fourteenth Year of His said late Majesty's Reign, intituled An Act to explain and amend an Act 14G.S. c.36. made in the Thirteenth Year of His present Majesty's Reign, intituled An Act to explain, amend and reduce into One Act of Parliament, the general Laws now in being for regulating the Turnpike Y y 4 14 G. 3. c. 57. 14 G.3. c.82. 16 G. 3. c.39. 16 G. 3. c.44. 17 G.3. c. 16. G.3. c. 28. Turnpike Roads in that Part of Great Britain called England, and for other Purposes,' so far as the same relates to the continuing and granting an additional Term of Five Years to Acts made for amending Turnpike Roads; and also an Act made in the. Fourteenth Year of the Reign of His said late Majesty, intituled An Act to repeal so much of an Act made in the last Session of Parliament, for reducing into One Act the general Laws relating to Turnpike Roads, as exempts Persons from the Payment of Tolls at Side Gates erected at Places specified in any Act of Parliament; and also an Act made in the Fourteenth Year of His said late Majesty's Reign, intituled An Act for explaining and altering an Act made in the Thirteenth Year of His present Majesty, intituled An Act to explain, amend and reduce into One Act of Parliament, the general Laws now in being for regulating the Turnpike Roads in that Part of Great Britain called England, and for other Purposes,' so far as the same relates to the Payment of additional Tolls at Weighing Engines, and the Number of Horses to be used in Carriages drawn on Turnpike Roads, and for allowing certain Exemptions with respect to Weight and Payment of Toll in particular Cases; and also an Act passed in the Sixteenth Year of His said late Majesty's Reign, intituled An Act for repealing a Clause in an Act made in the Thirteenth Year of the Reign of His present Majesty, intituled An Act to explain, amend and reduce into One Act of Parliament, the general Laws now in being for regulating the Turnpike Roads in that Part of Great Britain called England, and for other Purposes,' which relates to the Countersinking of the Tire of the Wheels of all Waggons, Wains and other Carriages to be used on Turnpike Roads; and for explaining a Provision in the said Act, with respect to the Fellies and Tire of Carriages having the Fellies of the Wheels of the Gauge of Six Inches or upwards; and also an Act passed in the Sixteenth Year of His said late Majesty's Reign, intituled An Act for suspending, for a limited Time, so much of an Act made in the Thirteenth Year of His present Majesty's Reign, intituled An Act to explain, amend and reduce into One Act of Parliament, the general Laws now in being for regulating the Turnpike Roads in that Part of Great Britain called England, and for other Purposes,' as is to subject Carriages having the Fellies of the Wheels thereof of less Breadth or Gauge than Six Inches to the Payment of Double Tolls, and for vacating Contracts for leasing Tolls; and also an Act passed in the Seventeenth Year of His said late Majesty's Reign, intituled An Act for limiting the Exemptions from Tolls (granted by any Act or Acts of Parliament for repairing Turnpike Roads,) on account of Cattle going to and from Water or Pasture; and also an Act passed in the Eighteenth Year of His said late Majesty's Reign, intituled An Act for repealing so much of an Act made in the Thirteenth Year of His present Majesty's Reign, intituled An Act to explain, amend and reduce into One Act of Parliament, the general Laws now in being for regulating the Turnpike Roads in that Part of Great Britain called England, and for other Purposes,' as is to subject Carriages having the Fellies of the Wheels thereof of less Breadth or Gauge than Six Inches to the Payment of Double Tolls, and for vacating Contracts for leasing Tolls; and also an Act passed in the Eigh teenth |