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Not to affect the Provisions of 3 & 4 W. 4. c. 100, except as herein contained.
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II. ‘And whereas by an Act made in the Third and Fourth Years of the Reign of His late Majesty, intituled An 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 There 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 Compositions 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 there with: 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 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 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.
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