Moreover, the owner or occupier of premises without the district has the same right, subject only to such terms and conditions as may be agreed or, in case of dispute, settled by justices or by arbitration.
The landowner is made liable to pay the rent charge in spite of any contract to the contrary between him and the occupier; the rent charge if in arrear for three months is recoverable by an order of the county court, whatever its amount may be: if the land is occupied by the owner, the order is executed by the same means as those prescribed in the Tithe Acts; but if it is not, then by a receiver being appointed for the rents and profits of the land: neither landlord nor occupier is personally liable for payment; and appeal lies to the High Court on points of law; and a remission of rent charge may be claimed when its amount exceeds two-thirds of the annual value of the land.
The act of 1891, has, however, altered this method of recovering tithes, and substituted another intended to shift the burden of responsibility from the occupier to the landowner, by making the latter directly and solely responsible, but giving the remedy against the land.
In default of relatives, (3) some person present at the death, or the occupier of the house in which, to his knowledge, the death took place.
If a house does not possess a sufficient drain, the occupier may be required to provide one, and to cause it to discharge into a sewer if there is one within zoo ft.
If the person who causes the nuisance cannot be found, and it is clear that the nuisance does not arise or continue by the act, default or sufferance of the owner or occupier of the premises, the local authority may themselves abate the nuisance without further order.
The conclusions at which he arrives are in the main as follows: a tax on raw produce falls on the consumer, but will also diminish profits; a tax on rents on the landlord; taxes on houses will be divided between the occupier and the ground landlord; taxes on profits will be paid by the consumer, and taxes on wages by the capitalist.
If the nuisance arises from the absence or defective construction of any structural convenience, or if there is no occupier of the premises, the notice must be served upon the owner.
Amongst legislative measures of importance to agriculturists mention should be made, in addition to those that have been referred to, of the Tithe Rent-charge Recovery Act 1891, which transfers the liability for payment of tithe from the occupier to the owner.
This rate is made upon the occupier and not upon the landlord, and the occupier is not entitled, save in a few specified cases, to deduct any of the rate from his rent.