The Law Reports (King's Bench Division)
[1936] 2 KB 416
[DIVISIONAL COURT]
GOVERNORS OF QUEEN ANNE'S BOUNTY
v.
PITT-RIVERS.
1936 April 6.
TALBOT, and ATKINSON JJ.
Ecclesiastical law
— Tithe rentcharge
— Application by titheowner to county court for payment
— No notice of opposition by landowner
— Right of landowner to be heard
— Rules requiring notice of opposition, whether ultra vires
— Order for payment and appointment of receiver
— Alleged excess of jurisdiction
— Remedy
— Prohibition or appeal
— Whether prohibition lies against receiver
—
Tithe Act, 1891 (54 Vict. c. 8), s. 2, sub-ss. 1, 7; s. 3, sub-s. 1
—
Tithe Rentcharge Recovery Rules, 1891–1933, rr. 5, 8, 9, 11.