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	Statutes of Northern Ireland
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IRISH CHURCH ACT (1869) AMENDMENT ACT 1872

IRISH CHURCH ACT (1869) AMENDMENT ACT 1872 - LONG TITLE

An Act to amend the Irish Church Act, 1869.{1}
[10th August 1872]
Preamble rep. by SLR 1893 (No.2)

IRISH CHURCH ACT (1869) AMENDMENT ACT 1872 - SECT 1
Short title.

1. This Act may be cited as "The Irish Church Act (1869) Amendment
Act, 1872."

IRISH CHURCH ACT (1869) AMENDMENT ACT 1872 - SECT 2
Interpretation.

2. In this Act words and expressions to which by the Irish Church
Act, 1869, meanings have been assigned shall have the same meanings
respectively.

The term "principal Act" shall mean the Irish Church Act, 1869.

Ss.3, 4 rep. by SLR (NI) 1954

IRISH CHURCH ACT (1869) AMENDMENT ACT 1872 - SECT 5
Payment of moneys received for dilapidations to Church body in
certain cases.

5. Whenever a glebe house shall be purchased by the representative
body of the said Church, any moneys which shall have been received
in respect of dilapidations of such house from the incumbent by the
Commissioners shall be paid over to such body for the repair of
the same.

IRISH CHURCH ACT (1869) AMENDMENT ACT 1872 - SECT 6
Amount of tithe rent-charges to be fixed.

6. Whereas a statement under the seal of the Commissioners of the
amounts of the annual tithe rentcharges, which accrued due in
respect of each benefice, dignity, or ecclesiastical corporation in
Ireland on the first day of November one thousand eight hundred and
seventy-one, and of the owners chargeable therewith, has been
deposited in the Record Department of the said Commissioners, and it
is expedient that the half-yearly payments of tithe rentcharge to be
made from time to time by such owners should be definitely fixed
and ascertained:

(1)The said statement (except as herein-after provided) shall be
deemed to be and shall be conclusive evidence of the amount of
tithe rentcharge chargeable upon the lands (in respect of each such
benefice, dignity, or ecclesiastical corporation) in respect of which
the owners set forth in such statement have paid the same, and the
amounts therein set forth shall from time to time be paid and
payable, and such statement shall, in relation to such amounts as
aforesaid, be binding upon the persons liable to the payment of the
same; provided always, that it shall be lawful for any owner whose
name is set forth in such statement as liable to rentcharge, or
for the legal representative of such owner, to lodge with the
Commissioners an objection in writing to the liability so set forth,
and the Commissioners shall have full power to make an order
amending such statement as to them seem fit, having regard to the
facts in each case without reference to any defects or technical
difficulties in the original applotments of tithe composition.

(2)The Commissioners shall lodge in the said Record Department, on
or before the thirty-first day of March in each year, a further
statement of any tithe rentcharge which may have become payable to
them in the preceding year ending the thirty-first December under
section thirty-three of the principal Act, or otherwise, and the
provisions of this section shall apply to such statements and tithe
rentcharge.

Para.(3) rep. by SLR (NI) 1954

(4)It shall and may be lawful for any owner or his legal
representatives, upon a division of the lands held by him or them,
either by sale or otherwise (except by lease or demise at rack
rent), to make an application in writing to the Commissioners
signifying the desire of such applicant that the tithe rentcharges,
payable half-yearly and chargeable on such lands by said statement,
or the annual rentcharges substituted for them under... section seven
of this Act, then charged or chargeable on such lands by the
merging order issued by the Commissioners, pursuant to the said
section, shall be divided and apportioned upon parts of such lands,
or shall be charged upon certain of such lands exempting the
residue from any liability in respect of the said rentcharge, and
thereupon in each and every such case the said Commissioners shall
and they are hereby authorised and required, by order, to divide or
apportion the whole or any part of the said tithe rentcharges, or
rentcharges in lieu thereof, as aforesaid, in such manner and
proportions as by such application may be required, regard being had
to the security of the several parts or proportions of such
rentcharges; and after such apportionment the tithe or other
rentcharges so apportioned shall be charged and payable in such
parts and proportions, and chargeable only on such proportions of
the said lands as shall be so declared by the Commissioners order
to be liable to the payment thereof respectively, and said original
merging order and all apportionment orders under seal of the
Commissioners shall be deemed and shall be conclusive evidence of
the liability to the said rentcharge of the land set forth in said
orders respectively.

IRISH CHURCH ACT (1869) AMENDMENT ACT 1872 - SECT 7
Sale of tithe rentcharge to owners of land charged therewith.

7. The Commissioners may sell any rentcharge in lieu of tithes
vested in them under the principal Act to the owner of the land
charged therewith, [for such consideration as is determined by the
Ministry of Finance under section two of the Tithe Rentcharge and
Variable Rents Act (Northern Ireland), 1930, as amended by section
one of the Finance (Miscellaneous Provisions) Act (Northern Ireland),
1949]; and upon any such sale being so made, the Commissioners
shall by order declare the rentcharge to be merged in the land out
of which it issued, and the same shall merge and be extinguished
accordingly.

Upon the application of any owners so purchasing, the Commissioners
may by order declare his purchase money to be payable by
instalments, and the land out of which such rentcharge issued to be
accordingly charged as from a day to be mentioned in such order
for fifty-two years thence next ensuing with an annual sum
calculated at the rate of [#4.45] per centum on the purchase money,
or for such less number of years as may be agreed upon at an
equivalent annual sum, so as to discharge the principal and interest
in such less number of years. The annual sum charged by such order
shall have priority over all charges and incumbrances, except quit
or crown rents, and shall be payable by the same persons, and be
recoverable in the same manner, and be subject to the same charges,
if any, as the rentcharge in lieu of tithes heretofore payable out
of the same lands.

"Owner" for the purposes of this and the next preceding section
shall mean the person for the time being liable to pay rentcharge
in lieu of tithes under the provisions of the Tithe Rentcharge
(Ireland) Act, 1838.

...

Purchase of surrender or assignment of subsisting lease of tithe
rentcharge.

IRISH CHURCH ACT (1869) AMENDMENT ACT 1872 - SECT 8

8. The Commissioners may, when purchasing the surrender or assignment
of any subsisting lease of rentcharge in lieu of tithes made by an
ecclesiastical person or corporation, where such lease has, previous
to the passing of the principal Act, been renewable by custom,
treat the same as a renewable lease for the purpose of estimating
the value and fixing the purchase money thereof.

IRISH CHURCH ACT (1869) AMENDMENT ACT 1872 - SECT 9
Value of lease of rentcharge to be settled by arbitration in
certain cases.

9. Where any person, being a tenant of rentcharge in lieu of
tithes by virtue of a lease heretofore customarily renewable, made
by an ecclesiastical person or corporation, feels aggrieved by the
value set by the Commissioners on such lease, or on his interest
therein, he may, if he think fit, refer such question to
arbitration in manner prescribed by the principal Act.

IRISH CHURCH ACT (1869) AMENDMENT ACT 1872 - SECT 10
Duty on sale of tithe rentcharge to be paid by Commissioners.

10. The amount of duty payable upon any order made by the
Commissioners upon the sale of tithe rentcharge shall be paid by
the Commissioners out of any funds at their disposal.

IRISH CHURCH ACT (1869) AMENDMENT ACT 1872 - SECT 11
Deduction in respect of income tax in certain cases.

11. Where the repayment of any principal sum, together with interest
thereon, is payable to the Commissioners by annual instalments, it
shall be lawful for the Commissioners to make an allowance in
respect of income tax on such part of such instalments as are
payable in respect of interest according to the scale in the
Schedule to this Act annexed.

IRISH CHURCH ACT (1869) AMENDMENT ACT 1872 - SECT 12
Power of tenants under leases from ecclesiastical corporations
aggregate to apply for perpetuities.

12. The immediate or inferior tenants of lands, tenements, and
hereditaments held under leases from ecclesiastical corporations
aggregate in Ireland, dissolved by the principal Act, where such
leases were renewable by custom, may make application for the
purchase of the fee simple and inheritance of such lands, tenements,
and hereditaments, and shall be entitled to the conveyances of the
same upon the like terms, in like manner, with the like rights,
and subject to the like conditions and liabilities in every respect
as if such immediate or inferior tenants held the said lands,
tenements, and hereditaments under leases from sole ecclesiastical
corporations in Ireland, and were therefore entitled to make such
applications under the Act of the session of the third and fourth
years of King William the Fourth, chapter thirty-seven, and the Acts
amending the same, but subject to the limitations in that behalf
contained in section thirty-one of the principal Act.

Ss.13, 14 rep. by SLR 1893 (No.2)legal rate of Income

Tax shall be allowed

annual instal-

by deduction from

ments shall

the fixed annual

be

instalment.

legal rate of Income

half-yearly

Tax shall be allowed

instalments

by deduction from

shall be

the fixed half-

yearly instalment.