Tithe Rentcharge (Ireland) Act 1838
TITHE RENTCHARGE (IRELAND) ACT 1838 | ||
CAP. CIX. | ||
An Act to abolish Compositions for Tithes in Ireland, and to substitute Rent-charges in lieu thereof. [15th August 1838.] | ||
Compositions for Tithes abolished. | ||
Not to extend to Arrears of Compositions payable by virtue of any Agreement under 2 & 3 W. 4. c. 119. nor to Compositions for Tithes the Right whereto may be vested in Her Majesty under the Provisions hereof; nor to those pending Suits. | ||
In case of Discontinuance of Suits. | ||
‘WHEREAS it is expedient to abolish Compositions for Tithes in Ireland, 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 Ireland, 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, 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 in George the Fourth, providing for the establishing of Compositions for Tithes in Ireland, and Providing for the establishing of 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 Proceeding shall have been commenced previous to the Sixteenth Day of July 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. |