Tithe Rentcharge (Ireland) Act 1838
| Jurisdiction | UK Non-devolved |
| Citation | 1838 c. 109 |
| Year | 1838 |
(1 & 2 Vict.) C A P. CIX.
[15th August 1838]
'WHEREAS it is expedient to abolish Compositions for Tithes inIreland , and in lieu thereof to substitute Rent-charges payable by Persons having a perpetual Estate or Interest in the Lands subject thereto, a reasonable Allowance being made for the greater Facility and Security of Collection arising out of such Transfer of Liability from the Occupiers to the Owners of Lands:' Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That the Right of all Persons in and to all Tithes or Compositions for Tithes heretofore accrued or at any Time hereafter to accrue due in shall wholly cease and determine; provided that nothing herein contained shall extend to any Arrears of Compositions heretofore accrued due and payable to or by any Person entitled to the Receipt or bound to the Payment of the same by virtue of any such Certificate of Agreement as is mentioned in an Act passed in the Second and Third Year of His late Majesty's Reign, intituledAn Act to amend Three Acts passed respectively in the Fourth, Fifth, and in the Seventh and Eighth Years of the Reign of His late Majesty King George the Fourth, providing for the establishing of Compositions for Tithes in Ireland, and to make such Compositions permanent ; and provided further, that nothing herein contained shall extend to any Compositions for Tithes the Right whereto may be vested in Her Majesty under the Provisions herein-after following, nor to any Tithes or Composition for Tithes for the Recovery whereof any Suit, Action, or other Proceedingshall have been commenced previous to the Sixteenth Day ofJuly in this present Year in any Court of Law or Equity, but that the Plaintiff may either prosecute such Action or other Proceeding, or discontinue or dismiss the same without Payment of Costs, at his Option; and if he shall think fit to discontinue or dismiss the same, and if such Tithes or Compositions for Tithes shall have accrued due for the Years One thousand eight hundred and thirty-four, One thousand eight hundred and thirty-five, One thousand eight hundred and thirty-six, or One thousand eight hundred and thirty-seven, or any of them, then and in such Case he shall be entitled to the like Relief as other Persons entitled to Tithes or Compositions for Tithes for those Years may have under the Provisions of this Act.
II Not to affect the Provisions of 3 & 4 W. 4. c. 100., except as herein contained.
II. 'And whereas by an Act made in the Third and Fourth Years of the Reign of His late Majesty, intituledAn Act for the Relief of the Owners of Tithes in Ireland, and for the Amendment of an Act passed in the last Session of Parliament, intituled ‘An Act to amend Three Acts passed respectively in the Fourth, Fifth, and in the Seventh and Eighth Years of the Reign of His late Majesty King George the Fourth, providing for the establishing of Compositions for Tithes in Ireland, and to make such Compositions permanent,’ the Persons from Time to Time entitled to the Receipt of any Composition for Tithes to which the Memorialist who received any Advance under Authority of the said Act was then entitled, or which has been established in lieu of the Tithes to which such Memorialist was entitled, were made liable to the Repayment, by Five annual Instalments, of the Advances so made, and the Persons so from Time to Time liable to the Payment of such Instalments were authorized to recover, together with and in addition to the Compositions payable to them, certain Sums directed by the said Act to be added to and made payable therewith: And whereas Four of the said annual Instalments have accrued due, and the Fifth of such Instalments will fall due on the First Day of November in this present Year: And whereas only a small Proportion of the said Instalments so accrued due have been paid, and Proceedings for the Recovery of the same have been from Time to Time suspended by the Authority of Parliament, and it is expedient that Payment of the said Instalments shall be remitted, but only under certain Circumstances, to be shown by the Parties liable to the Payment of such Instalments: And whereas by reason of the herein-before contained Enactment extinguishing the Right of all Persons to Compositions for Tithes it is necessary to make special Provision, saving the Right to such Instalments, and to the Sums so added to the said Compositions, and payable to the Persons liable to such Instalments;' be it therefore enacted, That the several Persons who would have been entitled to the Receipt of the said Composition for Tithes if this Act had not been passed shall be and remain liable to the Queen's Majesty for the Repayment by Instalments of the Advances made under Authority of the herein-before recited Act of the Third and Fourth Year of the Reign of His late Majesty, and that the said herein-before contained Enactment extinguishing the Right to Compositions for Tithes accrued or to accrue due shall not be taken to extend to the Additions by the said Act made to such Compositions, but that the several Sums directed by the said Act to be added to and made payable, together with and in addition to the said Compositions, shall be payable to and recoverable by the Persons who would have been entitled to the said Compositions by and from the Persons who would have been liable to the Payment of such Compositions, if this Act had not been passed, as if such Sums had been by the said Act made separately payable and recoverable as Compositions for Tithes; and that, save as aforesaid, all and every the Provisions in the said Act contained in any way relating to the Recovery of such Instalments and Sums, or enabling any Person liable to the Payment of such Compositions to recover against any Person any Sum whatsoever on account of such Liability, shall, subject to the Provisions herein-after contained, remain in full Force and Effect as if the Right to the said Compositions were still subsisting.
III Persons liable to Payment of Instalments may apply for Remission by Memorial to the Lord Lieutenant, who may refer the same for Investigation, and upon Report thereof remit the whole or Part thereof.
III. And be it enacted, That it shall and may be lawful for any Person liable to the Payment of any of the said Instalments now due and unpaid, or who may be liable to the Payment of any Instalment which shall become due on the First Day ofNovember in this present Year, to apply by Memorial to the Lord Lieutenant of Ireland , describing the Character in which he may be so liable, and stating what, if any, of the Compositions, together with and in addition to which any Sums were made payable in respect of the Advances repayable by such Instalment under the said recited Act, may at or previous to the passing of this Act, or would at the Time of such Instalments falling due, be, if this Act had not been made, payable by Persons being both the Owners and Occupiers of the Lands charged with such Compositions, and also stating what, if any, of the said Sums so added to such Compositions have been received by the Memorialist, and praying that the Whole or any Part of such Instalment may be remitted; and the said Lord Lieutenant in Council shall refer each such Memorial to such Person or Persons as he may think proper, who shall require the Memorialist to prove before him or them the several Matters and Things stated in such Memorial by such Evidence as the Nature of the Case may admit, and shall investigate the Facts and Circumstances by all such Ways and Means as he or they shall think fit, subject to such Rules and Directions as the said Lord Lieutenant of Ireland in Council shall from Time to Time subscribe, and shall report thereon to the said Lord Lieutenant in Council, who shall thereupon have Power and Authority, as herein-after directed, to remit the Whole or any Part of such Instalment, and the Clerk of the Council shall certify the same to the Commissioners of the Treasury; and if they shall remit the whole of such Instalment, the said Commissioners of the Treasury shall direct Satisfaction thereof to be duly entered and recorded in the proper Office of the Exchequer; and if they shall remit only a Part of such Instalment, the said Commissioners of the Treasury shall direct Satisfaction of the whole to be duly entered and recorded upon Payment of the Residue of such Instalment.
IV Person to whom Memorial is referred may examine on Oath, and receive Affidavits.
IV. And be it enacted, That it shall be lawful for such Person or Persons to whom any such Memorial may be referred to examine upon Oath or Affirmation (which Oath or Affirmation he or they is or are hereby authorized to administer) any Person willing to be examined touching any Matter or Thing relating to the Subject of such Reference, and also to receive any Affidavit or Deposition in Writing upon Oath or Affirmation made before any Justice of the Peace (and which any such Justice is hereby authorized to administer).
V Cases in which Instalments shall not be remitted.
V. Provided always, and be it enacted, That the said Lord Lieutenant in Council shall remit every such Instalment as aforesaid, unless the same shall be found to be due by any Lay Impropriator...
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