Tithe rent-charge.

Lands sold as tithe-free.

(b) Stat. 51 & 52 Vict. c. 51, s. 13. By sect. 4, in this Act "purchaser for value " includes a mortgagee or lessee or other person who for valuable consideration takes any interest in land or a charge on land.

(c) Stat. 27 & 28 Vict. c. 114.

(d) See Wms. Real Prop. 126, 21st ed.

(e) Stat. 62 & 63 Vict. c. 46, s. 3.

( f) Above, p. 435, n. (m).

(g) "Wms. Real Prop. 448, 21st ed.'

(h) Above, p. 101.

(i) A tithe rent- charge can only be merged by the execution of some instrument under stats. 6 & 7 Will. IV. c. 71, s. 71; 1 & 2

The length of title which must be shown on a sale of an advowson under an open contract has been already noticed (o). On the sale of an advowson, the abstract of title should be accompanied with or comprise a list of the presentations made during the time for which title has to be deduced, so as to show that enjoyment has gone along with the title (p). The purchaser should verify this list of presentations by examination of the bishop's institution book or diocesan register of institutions, the entry in which is, next to the presentation itself (if in writing), good evidence of the presentation (q). The law relating to the sales of advowsons is now regulated by the Benefices Act, 1898 (r). Prior to that Act, an advowson was as freely saleable and transferable as any other real property, subject only to the laws by which any presentation made to an ecclesiastical benefice in consideration of any profit or benefit was void as simoniacal (s). With respect to this, the following distinctions were established: - It was not simoniacal for any person, whether layman or clerk, to purchase an advowson, either in fee or for any less estate, while the church was full; and the conveyance on such a purchase would carry with it the right of next presentation, however immediate were the prospect of a vacancy at the time of sale, provided that the vacancy were not occasioned by some agreement or arrangement between the parties (t). And if a clerk so purchased an estate in fee or for life in an advowson, he might present himself to the living (u). But any agreement or arrangement between the parties to the sale of an advowson for causing the living to become vacant was simoniacal; and a presentation made upon any vacancy so caused was void, and the right of presentation for the next turn became forfeited to the Crown (x). A sale of an advowson made while the church was vacant did not carry with it the right of next presentation (y), but was in other respects perfectly valid and passed the right of presentation for all subsequent turns. And if an advowson were sold and conveyed while the church was full and at the same time a simoniacal arrangement were made for causing a vacancy, the next presentation only was forfeited to the Crown, and the conveyance was otherwise good and passed the right of presentation for the succeeding turns (z). And the sale of the right of next presentation only was valid if made while the church was full (a), though not if it were vacant; hut a clerk was prohibited from purchasing a next presentation in order to present himself to the living (b).

Advowson.

Vict. c. 64; 2 & 3 Vict. c. 62, s. 1; 9 & 10 Vict. c. 73, ss. 18, 19. It does not merge by the mere fact of the union in the same person of the estate in the laud and in the tithes: Shelford on Tithes, 292, n.,:3rd ed.

(k) Sug. V. & P. 367: 1 Dart, V.&P.295, 5th ed.; 336, 6th.; 331, 7tb ed. But any instrument purporting to merge any tithes or rent-charge, and executed with the consent of the Tithe Commissioners before the passing of stat. 9& 10 Vict. c.73, s. 19 (26th August, 1846), is valid and effectual to merge the tithes, although the person purporting to merge the tithes bad no estate therein: Walker v. Bentley, 9 Hare, 629. The production of such an instrument appeals, therefore, to be sufficient proof of the merger of the tithe.

(l) See Burton's Compendium, ch. 6, sect. 4; stats. 2 & 3 Will. IV. c. 100; 4 & 5 Will IV. c. 83; Salkeldv. Johntton, 1 Mac. & G. 242.

(m) Dart, V. & P. 354 - 366, 1075, n. (k), 5th ed.; 401, 402, 1201, n. (q), 6th ed.; 396, 397, 7th ed.; above, p. 176, and n. (e).

(n) Ker v. Clobury, Sug. V. & P. 321; Banks v. Rokeby, 2 Swanst. 222.

(o) Above, p. 101.

(p) Sug. V. & P. 367; 1 Dart. V. & P. 293, 5th ed.; 334, 6th ed.: 329, 7th ed.; 1 Davidson, Prec. Conv. 527. 4th ed.; 439, 5th ed.

(q) See Tillard v. Shebbeare, 2 Wils. K. B. 366. The register appears to be such a public document as is admissible in evidence on mere production from its proper custody: 1 Phillimore, Eccl. Law, 354, 3-55, 2nd ed.; R. v. Bishop of Ely, 8 B. & C. 112; see above, pp. 122, 123.

(r) Stat. 61 & 62 Vict. c. 48.

(s) Barret v. Glubb, 2 W. Bl. 1052; Fox v. Chester, 3 Bli. N. S. 123; Exeter v. Marshall, L. R. 3

H. L. 17, 45, 52; Walsh v. Lincoln, L. R. 10 C. P. 518; see Bac. Abr. Simony.

(t) See preceding note.

(u) See Walsh v. Lincoln, L. R. 10 C. P. 518; Lowe v. Chester, 10 Q. B. D. 407.

(x) Stat. 31 Eliz. c. 6, s. 5; Abbott, C. J., Fox v. Chester, 2 B. & C. 635, 660; Cripps' Laws of the Church, 475, 476, 6th ed.

(y) Alston v. Atlay, 7 A. & E. 289.

By the Benefices Act, 1898 (c), a transfer of a right of patronage of a benefice shall not be valid unless

(1) it is registered in the prescribed manner (d) in the registry of the diocese within one month from the date of the transfer, or within such extended time as under special circumstances the bishop may think fit to allow;

(2) it transfers the whole interest of the transferor in the right except as thereinafter provided; and (3) more than twelve months have elapsed since the last institution or admission to the benefice. The expression transfer here includes any conveyance or assurance passing or creating any legal or equitable interest inter vivos, and any agreement for such conveyance or assurance; but does not include a transfer on marriage, death, or bankruptcy, or otherwise by operation of law, or a transfer on the appointment of a new trustee where no beneficial interest passes (e). And nothing in this enactment shall prevent the reservation or limitation in a family settlement of a life interest to the settlor, or in a mortgage the reservation of a right of redemption (f).