Most kinds of offerings are now recoverable in secular courts.
In 1886, however, it was enacted that no such extraordinary charge shall be levied on any such grounds so newly cultivated in future; the capital value of the existing charges was assessed, and the payment of interest thereon was made a rent charge on the land payable in priority to all other charges until its redemption, and recoverable in the same way as ordinary rent charge and exempt from all rates, charges and assessments: the charge was redeemable at the capital value, and, saving existing contracts, it was as between landlord and tenant payable by the landlord, any agreement to the contrary notwithstanding; and it is not subject to the Tithe Act of 1891.
Acting without making the declaration, or without being qualified at the time of making the declaration, or after ceasing to be qualified, or after becoming disqualified, involves liability to a fine not exceeding X50, recoverable by action.
The amount was recoverable as a debt from the criminal to the extent of his property, and in his default from the members of his fine in sums determined by the degree of relationship; and it was distributable among the members of the fine of a murdered person in the same proportions, like a distribution among the next of kin.
Money disbursed by consuls on account of the illness or injury of seamen is generally recoverable from the owner.
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.
A benefice is avoided or vacated - (1) by death; (2) by resignation, if the bishop is willing to accept the resignation: by the In cumbents' Resignation Act 1871, Amendment Act 188 7, any clergyman who has been an incumbent of one benefice continuously for seven years, and is incapacitated by permanent mental or bodily infirmities from fulfilling his duties, may, if the bishop thinks fit, have a commission appointed to consider the fitness of his resigning; and if the commission report in favour of his resigning, he may, with the consent of the patron (or, if that is refused, with the consent of the archbishop) resign the cure of souls into the bishop's hands, and have assigned to him, out of the benefice, a retiring-pension not exceeding one-third of its annual value, which is recoverable as a debt from his successor; (3) by cession, upon the clerk being instituted to another benefice or some other preferment incompatible with it; (4) by deprivation and sentence of an ecclesiastical court; under the Clergy Discipline Act 1892, an incumbent who has been convicted of offences against the law of bastardy, or against whom judgment has been given in a divorce or matrimonial cause, is deprived, and on being found guilty in the consistory court of immorality or ecclesiastical offences (not in respect of doctrine or ritual), he may be deprived or suspended or declared incapable of preferment; (5) by act of law in consequence of simony; (6) by default of the clerk in neglecting to read publicly in the church the Book of Common Prayer, and to declare his assent thereto within two months after his induction, pursuant to an act of 1662.
Where an intending borrower breaks his agreement to borrow, specific performance will not be granted, and the damages recoverable must be measured by the loss sustained through the breach and not by the sum agreed to be lent (The South African Territories, Limited v.
Arrears of debt, for instance, were made recoverable for one year only, instead of the ten years.
Putting aside those created by statute, recoverable by civil process, debts may be divided into three classes, (I) judgment debts, (2) specialty debts, and (3) simple contract debts.