400 DISPUTE AS TO PARISH BOUNDARY. 



Stat. 6 & 7 Will IV. c. 71, s. 45, empowering the Tithe Commis- 

 siouers to decide any question touching " the houmlary of anij lands,'' 

 does not authorize thera to settle by their award a dlspide as to the 

 houndanj of parishes (In re YstradginJais Commutation). Nor can they 

 do so imder the powei's granted by stat. 7 Will lY. and 1 Vict c. 69, 

 B. 2, even at the request of two-thirds in value of the landowners, if the 

 boundary of the parishes be also a boundary between counties ; for by 

 stat. 2 & 3 Vict. c. 62, s. 37, this and the two prior acts are incor- 

 porated ; and sect. 34 of stat. 2 & 3 Vict. c. 62 forbids the coijimis- 

 sioners to adjudicate on a boundary which divides counties as well as 

 parishes (//>.). And quaere whether a parochial agreement for a com- 

 mutation rent-charge can legally be made and confirmed under stat. 

 6 & 7 Will IV. c. 71, ss. 17, 27, &c,, while a dispute exists as to the 

 boundary of the parish (ih.). The award of an Assistant Tithe Com- 

 missioner, employed to settle the boundaries of a township on request 

 of the landowners, under 7 Will. IV. and 1 Vict. c. 69, s. 2, should 

 state the district to be one of which the tithes are " to he commuted," 

 and the request to have been signed " at a parochial meeting called for 

 that purpose," "according to the provisions of" stat. 6 & 7 Will. IV. 

 c. 71, s. 17, referred to by 7 Will. IV. and 1 Vict. c. 69, s. 2 (In re Dent 

 Commutation). An award under the latter section can be made only 

 where the tithes are " to be commuted," and there is no jurisdiction 

 under it, if the tithes have been commuted already {ib.). And in a case 

 under it, the commissioners may ascertain the existing boundary of a 

 parish, though it be also that of a county, or of a copyhold in a manor, 

 the lord of which does not consent to the inquiry {ib.). The interpre- 

 tation clause, sec, 12 of 6 & 7 Will IV. c. 71, with which 7 Will IV. 

 and 1 Vict. c. 69, is incorporated, enacts that the word ''parish " shall 

 include "township " (ib.). 



By stat. 2 & 3 Vict c. 62, s. 34, which defines the mode of proceeding 

 to ascertain boimdaHes, the commissioners are empowered "to ascertain, 

 adjust, set-out, and define the ancient boundaries," "or draw and define 

 a new line of boundary as they may see fit " ; and the boundary line so 

 ascertained or newly defined " shall thenceforward be the boundary line 

 of and between such parishes." Whether they ascertain old or set out 

 new boundaries, the word "thenceforward" applies ; and the reasonable 

 construction is, that the award in this respect is to be conclusive from 

 thenceforward only, leaving past transactions and the state of things on 

 which they depended to be ascertained as under the former law {Reg. v. 

 InJuiUtants of Madeley): 



An award by the Tithe Commissioners under 1 Vict c. 69, and 2 & 3 

 Vict c. 62, as to IM boundary of a jmrish, is not conclusive as to ivhat 



