the said tithe commissioners shall cease (a), it shall be lawful in such case for one of her Majesty's principal secretaries of state to appoint any number of fit persons to be commissioners to carry this Act into execution, in the place of such commissioners so ceasing to act, and at pleasure to remove any one or more of the commissioners so appointed, so that the number of commissioners shall never exceed three; and upon every vacancy in the office of commissioner some other fit person shall be appointed to the said office in like manner; and until such appointment it shall be lawful for the remaining commissioners or commissioner to act as if no such vacancy had occurred. commis 2. And be it enacted, That the commissioners Style of acting in the execution of this Act shall be styled sioners. "The Copyhold Commissioners," and shall have their office in London or Westminster; and they, or any two of them, may sit from time to time, as they deem expedient, as a board of commissioners for carrying this Act into execution; and the said com- To have a missioners shall cause to be made a seal of the common seal. same board, and shall cause to be sealed or stamped therewith all agreements and awards or apportionments confirmed by the said commissioners in pur (a) By the 6th section of the Tithe Commutation Act (6 & 7 Will. IV. c. 71,) it is enacted, that the commissioners, assistant commissioners, &c. are to hold their office for five years from the date of the Act, (that is, until the 13th of August, 1841,) and thenceforth until the end of the then next session of parliament; so that when that event takes place, the commissioners, it appears, should they continue to act, must be re-appointed by one of the secretaries of state, as the appointment made by this Act only extends to the time that they are THE TITHE COMMISSIONERS FOR ENGLAND AND WALES. 52 Instru ments Commissioners to report to Secretary of State. suance of this Act; and all such agreements, awards, sealed to apportionments, and other instruments proceeding be received from the said board, or copies thereof, purporting to in evi dence. Commissioners to report to secretary of state. be sealed or stamped with the seal of the said board, shall be received in evidence without any further proof thereof; and no agreement, award, or apportionment shall be of any force unless the same shall be sealed or stamped as aforesaid. 3. And be it enacted, That the said commissioners shall from time to time give to any one of her Majesty's principal secretaries of state such information respecting their proceedings, or any part thereof, as the said principal secretary of state shall require, and shall once in every year send to one of the principal secretaries of state a general report of Annual re- their proceedings; and every such general report port to be shall be laid before both Houses of parliament within parliament. six weeks after the receipt of the same by such principal secretary of state, if parliament be sitting, or if parliament be not sitting then within six weeks after the next meeting thereof. laid before Power to appoint and remove assistant commis 4. And be it enacted, That it shall be lawful for the said commissioners from time to time to employ such of the assistant commissioners (a) appointed under the provisions of an Act passed in the sixth sioners, se- and seventh years of the reign of his late Majesty King William the Fourth, and intituled “ An Act for the Commutation of Tithes in England and Wales,” as they shall see fit, or to appoint a sufficient number of other persons to be assistant commissioners, cretary, &c. 6 & 7 W.4, c. 71. (a) The assistant commissioners to carry this Act into effect are to be such of the assistant tithe commissioners, or such other persons, not exceeding ten, as the commissioners may appoint. and also a secretary, assistant secretaries, and all such clerks, messengers, and officers as they shall deem necessary, and to remove such assistant commissioners, secretary, assistant secretaries, clerks, messengers, or officers, or any of them, and on any vacancy in any of the said offices to appoint some other person to the vacant office; and the persons so employed or appointed shall assist in carrying this Act into execution at such places and in such manner as the said commissioners may direct; Provided always, that the said commissioners shall not appoint more than ten such assistant commissioners to act at any one time, unless the lord high treasurer, or any three or more of the commissioners of her Majesty's treasury, of the United Kingdom of Great Britain and Ireland, shall, in the case of each such additional appointment, consent thereto : Provided further, that the number of such clerks, messengers, and officers shall be subject to the like consent. to sit in 5. And be it enacted, That no commissioner or No comassistant commissioner appointed as aforesaid shall missioner during the continuance of such office be capable of House of being elected or of sitting as a member of the House Commons. of Commons. five years. 6. And be it enacted, That no commissioner or Operation of Act as to assistant commissioner, secretary, or other officer or appointperson so to be appointed, shall hold his office for a ments lilonger period than five years next after the day of mited to the passing of this Act, and thenceforth until the end of the then next session of parliament; and after the expiration of the said period of five years and the then next session of parliament so much of this Act as authorizes such appointment shall cease. E Salaries and allowances; to be paid out of consolidated fund. 7. And be it enacted, That the salaries of the commissioners, the allowance to the assistant commissioners, and the salary of the secretary, assistant secretaries, clerks, messengers, and other officers to be appointed under this Act, shall be from time to time regulated by the lord high treasurer or the commissioners of her Majesty's treasury, or any three of them: Provided always, that the salary of a commissioner shall not exceed the sum of two thousand pounds a year, including any salary to which he may be entitled under the said Act of his late Majesty King William the Fourth; nor the allowance to an assistant commissioner the sum of three pounds for every day that he shall be actually employed or travelling in the performance of the duties of his office, including any allowance to which he may be entitled under the said Act; nor the salary of the secretary the sum of eight hundred pounds a year; and that the salaries of the assistant secretaries, clerks, messengers, and other officers shall be in fit proportion: Provided also, that the said lord high treasurer or commissioner of her Majesty's treasury may allow to any commissioner or assistant commissioner, secretary, assistant secretary, clerk, messenger, or other officer, any such reasonable travelling or other expenses as may have been incurred by him in the performance of his duties under this Act, in addition to his salary or allowance respectively. 8. And be it enacted, That the salaries, allowances, and travelling and other expenses of the commissioners, assistant commissioners, secretary, assistant secretary, clerks, messengers, and officers as aforesaid, and all other incidental expences of carrying this Act into execution not herein otherwise provided for, shall be paid by the lord high treasurer or the commissioners of her Majesty's treasury out of the consolidated fund of the United Kingdom of Great Britain and Ireland. commis 9. And be it enacted, That every commissioner Declarashall, before he shall enter upon the execution of his tion of office, make the following declaration before one of sioners, the judges of her Majesty's Courts of Queen's &c. Bench or Common Pleas, or one of the barons of the Court of Exchequer; (that is to say,) "I [A. B.] do solemnly declare, That I will faithfully, impartially, and honestly, according to the best of my skill and judgment, fulfil all the powers and duties of a commissioner under an Act passed in the fourth (a) year of the reign of Queen Victoria, intituled [here set forth the title of this Act]." And that every such assistant commissioner shall, before he shall enter upon the execution of his office, make the like declaration (substituting the words "assistant commissioner" for the word "commissioner") before such judge or baron, or before any two justices of the peace for the county, riding, division, liberty, or jurisdiction wherein such assistant commissioner shall be resident at the time of his appointment, or before a master extraordinary in her Majesty's High Court of Chancery; and the appointment of every such commissioner and assistant commissioner, with the time when, and the name or names of the judge, baron, justices, or master extraordinary before whom he shall have made the decla (a) This is so in the Act; but as it did not receive the Royal assent till the 21st of June, 1841, it ought to have been the fifth year, &c. |