{
  "url": "https://openlegislation.uk/tithe-act-1840-repealed-19111998/section-28",
  "json_url": "https://openlegislation.uk/tithe-act-1840-repealed-19111998/section-28.json",
  "legislation": "ukpga/Vict/3-4/15",
  "legislation_title": "Tithe Act 1840 (repealed 19.11.1998)",
  "legislation_url": "https://openlegislation.uk/tithe-act-1840-repealed-19111998",
  "path": "section/28",
  "kind": "section",
  "number": "28",
  "heading": "Commissioners may adjudicate parochial boundaries on requisition of Land Owners of any Parish.",
  "text": "And whereas by the said lastly-recited Act powers are given to the said commissioners or any assistant commissioner, upon the application in writing of not less than two thirds in number and value of the land owners in any parishes or townships, to set out and define the boundaries of such parishes or townships in manner in the said Act provided; and it is expedient to extend such power in manner herein-after mentioned: Be it enacted, that it shall be lawful for the said commissioners, or assistant commissioner, but at the sole discretion of the said commissioners, and only in such manner as they shall see fit and proper, to exercise all and every the powers so given by the said lastly-recited Act relating to boundaries of parishes or townships, on the application in writing of two thirds in number and value of the land owners of any one parish, place, or township whose boundary shall be in question, notwithstanding the land owners in the parish, place, or township adjoining such boundary shall not join in such requisition: Provided always, that in every such case the said commissioners or assistant commissioner shall, twenty-one days at least before proceeding to make inquiry and adjudicate on such question of boundary, cause a notice to be sent by the post, or otherwise given, addressed to the churchwardens and overseers, and also to the surveyors of the highways of every parish, place, or township adjoining such boundary, of the intention of the said commissioners or assistant commissioner to proceed on the question of such boundary, and shall specify in such notice a time and place of meeting so to proceed therein, and shall annex to each copy of such notice a copy of the application of the land owners requiring the commissioners to make such inquiry and adjudication, and shall also cause a copy of such notice to be inserted once at least in two successive weeks previous to the day of such meeting, in some newspaper having circulation in the county where such parish, place, or township is situated; and no assistant commissioner shall proceed in any such inquiry without exhibiting at such meeting the papers containing the advertisement of such notice and also a certificate, under the hands of the said commissioners, or any one or two of them, of one copy of such notice having been respectively sent to such churchwardens and overseers, and a copy to such surveyors as aforesaid; and the assistant commissioner shall thereupon proceed in all respects, and his proceedings shall be as valid and binding, as if the said inquiry had been instituted on the application in writing of two thirds in number and value, as well of the land owners of the parish, place, or township to which such notice shall have been so sent, as of the parish, place or township causing such inquiry to be instituted: Provided nevertheless, that upon the application in writing, addressed to the said commissioners during the interval of such twenty-one days, of not less than two thirds in number and value of the land owners in any parish, place, or township adjoining such boundary, and not being parties to any such application as aforesaid, objecting to the said commissioners or assistant commissioner proceeding under the same in the matter of such boundary, all proceedings which shall have been instituted upon the application of such single parish, place, or township under this Act shall forthwith be stayed.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "C",
      "label": "C1",
      "text": "Functions of churchwardens and overseers now generally exercisable in City of London by Common Council and elsewhere by rating authorities: City of London (Union of Parishes) Act 1907 (c. cxl. SIF 103:1), s. 11, London Government Act 1899 (c. 14), s. 11(1), Rating and Valuation Act 1925 (c. 90, SIF 103:1), s. 62(1), S.R. & O. 1927/55 (Rev. XIX, p. 599; 1927, p. 964), London Government Act 1963 (c. 33, SIF 81:1), s. 63(1) and General Rate Act 1967 (c. 9, SIF 103:1), s. 1(1)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/Vict/3-4/15/section/28",
    "retrieved_at": "2026-10-29T13:41:37.731660+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}