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TITHE RENTCHARGE (IRELAND) ACT 1838

TITHE RENTCHARGE (IRELAND) ACT 1838 - LONG TITLE

An Act to abolish Compositions for Tithes in Ireland, and to
substitute Rent-charges in lieu thereof.{1}
[15th August 1838]
Preamble rep. by SLR 1890 (No. 2)

TITHE RENTCHARGE (IRELAND) ACT 1838 - SECT 1
Compositions for tithes abolished.

1. 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; ... provide
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, ....

Ss.26 rep. by SLR 1874 (No. 2)

TITHE RENTCHARGE (IRELAND) ACT 1838 - SECT 7
All lands subject to the payment of tithe compositions shall be
charged with an annual sum by way of rent-charge equal to three
fourths of such compositions, to be payable by the party having the
first estate of inheritance, &c. in such lands, &c.

7. Every parcel of land charged with or in respect whereof the
said tithe compositions or any applotment or assessment thereof would
have been payable if this Act had not passed shall be and become
severally liable to and charged with the payment of an annual sum
or rent-charge equal to three fourths of the annual amount of such
tithe compositions; and such rent-charges shall, except as
herein-after excepted, be payable by the party having in such lands
respectively the first estate of inheritance; or other estate or
interest equivalent to a perpetual estate or interest as herein-after
defined, under which or derived wherefrom there shall be no such
perpetual estate or interest, accourding to the quantity of such
lands comprised in such estate or interst; provided always that any
landlord who shal have undertaken the payment of any composition for
tithes under the provisions of the herein-before recited Act of the
second and third years of the reign of his late Majesty shall, for
and during the continuance of his estate and interest in the lands
charged with the rent-charge payable in lieu of such composition, be
liable to the payment of such rent-charge, provided he has an
estate not less than an estate of inheritance in such lands; ...
and the said rent-charges accruing due in each year shall be
payable by two equal half yearly payments, one whereof to become
due on the first day of May, and the other on the first day of
November, in each year: Provided always, that although such tithe
compositions may have been separately applotted or assessed upon
different portions of such lands, the lands comprised in each such
estate or interest shall be charged with the annual payment as
aforesaid of one entire sum or rent-charge equal to three fourths
of the gross annual amount of such several applotments or
assessments: Provided also, that the amount of such rent-charges
shall be computed on the gross amount of such tithe compositions as
stated in the certificates and applotment books thereof respectively,
without regard to the deduction of fifteen pounds per centum
claimable by persons undertaking the payment of such tithe
compositions under the provisions of the above-recited Act of the
second and third years of his late Majesty's reign: Provided always,
that all certificates and applotment books of such compositions shall
be deemed and taken as valid and effectual for the purpose of
ascertaining the rent-charges to be paid in lieu thereof, save so
far as the same may be varied in pursuance of the provisions in
this Act, in which case the rent-charge shall be ascertained by
such amended certificate or applotment book.

TITHE RENTCHARGE (IRELAND) ACT 1838 - SECT 8
What shall be deemed equivalent to a perpetual estate.

8. Any estate or interest held under any deed or instrument
containing any provision, contract, or covenant for the perpetual
reneawal thereof, and any estate or interest held for any term of
years, whereof at least one hundred shall be to come and unexpired
on the thirtieth day of October in this present year, and any
estate held by lease or demise immediately from and under any
archbishop, bishop, or other ecclesiastical person, in any lands
belonging to the see or other spiritual promotion or dignity of
such archbishop, bishop, or other ecclesiastical person, or under the
ecclesiastical commissioners for Ireland, being parcel of the lands
vested or which may become vested in them under the provisions of
an Act made in the third and fourth years of the reign of his
late Majesty, intituled "An Act to alter and amend the laws
relating to the temporalities of the Church in Ireland," shall be
deemed and taken to be, for all purposes relating to the said
rent-charges, equivalent to a perpetual estate or interest; ..., and
each person having, under the limitations of any settlement by deed,
will, Act of Parliament, or otherwise, any estate for life or other
particular estate thereby created or limited, out of or in any
estate of inheritance, or out of or in any such equivalent estate
as hereby defined, shall be, during such his interest, liable to
the payment of such rent-charge, as fully to all intents and
purposes as if he were seised of or entitled to the whole estate
in such inheritance or perpetual interest.

TITHE RENTCHARGE (IRELAND) ACT 1838 - SECT 9
Where a lease under the laws now in force is free of tithes, the
lessee shall not be liable to rent-charge.

9. Where by the laws now in force in Ireland any person shall be
entitled to hold and occupy under any lease or demise the lands
thereby demised free from the payment of tithes or composition of
tithes, he shall not be liable to the payment of the said
rent-charge, but the party having in such lands the first estate of
inheritance or other equivalent estate or interest as before
described, expectant or in reversion, and who would not be entitled
to a like exemption under the laws aforesaid, shall be liable to
such payment: Provided always, that in case of the forfeiture,
surrender, or other determination of any estate or interest, the
owner whereof may be liable to the payment of such rent-charge as
aforesaid, the party having the first estate of inheritance or other
equivalent estate or intrest as before described, in remainder or in
reversion, shall become liable to the said payment of such
rent-charge: Provided also that in case of any such devolution of
interest, no more than the amount of one year's arrear of
rent-charge shall be a charge onthe lands subject to the payment of
such annual rent-charge.

TITHE RENTCHARGE (IRELAND) ACT 1838 - SECT 10
If any person who would have been liable to tithe composition hold
mediately or immediately under the person liable to such rent-charge,
the amount of such rent-charge may be recovered as rent from the
next tenant, and so downwards to the person primarily liable.

10. Whenever any person, who would have been liable to the payment
of any composition for tithes if this Act had not been made, shall
hold the lands in respect whereof such composition for tithes would
have been so payable as lessee or sub-lessee under a person liable
to the payment of such rent-charge as aforesaid in respect of the
same lands, then and in such case an annual sum equal to the
amount of such rent-charge shall be from time to time payable to
the person so liable to the payment of such rent-charge by the
next immediate lessee holding under him, such sum to become first
due on the first day of November in this present year, and to be
then payable by one entire payment, and the like annual sum
thereafter in every succeeding year, to be payable at such times
and by such quarterly or half-yearly or yearly payments as the rent
due and payable by such lessee may be reserved and made payable,
and together therewith, and subject to all the like incidents, in
like manner, to all intents and purposes, as if such sum had been
mentioned in the same lease, instrument, or demise, and expressly
reserved and made payable thereby; and the person liable to such
rent-charge as aforesaid shall have such and the like remedies to
enforce payment of such sum by distress, ejectment, or re-entry, or
by action of debt, covenant, or otherwise, as he may have to
enforce payment of the rent reserved by such lease, instrument, or
demise; and the said next immediate lessee, in case he himself
would not have been liable to the payment of such tithe
compositions as aforesaid shall be in like manner and by all such
and the like remedies entitled to receive and recover of and from
his immediate sub-lessee such annual sum from time to time accring
due and payable, and so on, each lessee recovering from his
sub-lessee downwards to the person who would have been primarily
liable to the payment of such tithe compositions if this Act had
not been made: Provided always, that in the case of the land being
divided among several lessees or sub-lessees, each of them shall be
liable to the payment of no greater portion of such annual sum
than may from time to time become due and payable in respect of
the land which such lessee or sub-lessee or any other person with
him jointly may hold: Provided also, that where any person would
have been liable, under the provisions of any law now in force in
Ireland, to make payment of any composition to any landlord or
person entitled to the receipt of the same by virtue of any
certificate of agreement as is mentioned in the herein-before
mentioned Act of the second and third year of his late Majesty's
reign, such person liable to make payment of such composition to
the person entitled thereto by virtue of such certificate shall be
deemed to be within the meaning of this Act the person primarily
liable thereto; and where the lessee or occupier of any lands may
be entitled to deduct out of the rent payable by him to his
landlord the amount of any composition, such landlord shall be
deemed to be within the meaning of this Act the person primarily
liable thereto.

TITHE RENTCHARGE (IRELAND) ACT 1838 - SECT 11
Such leases, &c. of tithes as have now the effect of suspending
compositions shall determine, and none other.

11. In any case where the effect of any composition may be by any
law now in force suspended in consequence of any lease of tithes,
or agreement in writing respecting the same, every such lease or
agreement having such effect as aforesaid, but none other, shall
from and after the passing of this Act wholly cease and determine,
but without prejudice to the recovery of any sum heretofore accrued
due by virtue thereof; and the lands which would, if this Act had
not been made, have upon the termination of such lease or agreement
become subject to the payment of any composition for tithes, shall
be and become severally charged with an annual sum or rent-charge
equal to three fourths of the amount of such composition, and an
annual sum equal in amount to such rent-charge shall become payable
to the persons from time to time liable to the payment of such
rent-charge, and to their lessees and sub-lesses, in like manner as
herein-before provided in cases where the effect of such compositions
shall not have been suspended as aforesaid: ....

TITHE RENTCHARGE (IRELAND) ACT 1838 - SECT 12
Where leases at rack rent have been made, after the establishment
of any composition in pursuance of the recited Act, the rents shall
be reduced in proportion to the difference between such composition
and the rent-charge payable under this Act.

12. ... In case of any lease made at a rack rent, at any time
after the establishment of a composition for tithes in any parish,
of lands subject to the payment of such composition, the rent
reserved upon and made payable in and by any such lease shall be
reduced by a sum equal to the difference between the amount of the
composition heretofore payable in respect of such lands and the
amount of the rent-charge which will, under the provisions of this
Act, become payable in lieu thereof; and the party from time to
time liable to the payment of such rent shall be entitled to
deduct the amount of such difference accordingly: Provided always,
that, subject to such reduction, such rent shall remain payable, and
the lessor, his heirs, executors, administrators, and assigns, shall
have the like remedies for the recovery thereof, as if the said
tithe compositions were not by this Act determined.

Ss.1315 rep. by SLR 1874 (No. 2)

TITHE RENTCHARGE (IRELAND) ACT 1838 - SECT 16
Proceedings where the liability of lands to rent-charge shall be
disputed.

16. ... Where any person having any interest in any lands whereon
any composition shall have been applotted, shall dispute the
liability of such lands thereto, by reason of such land having been
tithe-free, or not rightfully charged with, or otherwise not subject
to such tithe compositions or the applotment thereof, it shall be
lawful for the Court of Chancery ... upon the petition of any such
person, in a summary way to make such order, allowing or
disallowing such claim of exemption, or to direct such reference ...
or other proceeding, as such court shall think proper, for the
purpose of ascertaining such lands would have been rightfully charged
with tithe composition if this Act had not been made, or if such
composition had not been suspended; and if it shall appear to the
court that such landwould not have been rightfully charged with such
composition, it shall be lawful for the said court so to declare,
and to make such order for the amendment of the certificate and
applotment of such composition, and of the entry of such certificate
in the registry of the diocese, as to such court may seem fit;
and such lands shall be exonerated from rent-charge, or such
rent-charges reduced accordingly: Provided, that in any such
proceeding the certificate or applotment of any such composition
shall not be evidence of the liability of such lands to such
composition, or the applotment thereof.

TITHE RENTCHARGE (IRELAND) ACT 1838 - SECT 17
When tithe-free lands have been subjected to composition the
rent-charge shall be reduced.

17. Where any lands made subject to the payment of any part of a
composition (the amount of such composition not having been fixed by
agreement) shall, by virtue of any decision in law or equity, have
been or at any time shall be declared to be exempt from the
payment of tithes, it shall be lawful for the Court of Chancery
... upon the petition of any person liable to the payment of
rent-charge in the parish in which such lands may be situate, to
direct any master of such court, ... to inquire into and ascertain,
by examination of the commissioner or commissioners, or umpire, as
the case may be, by whom such composition may have been
established, or otherwise upon the best evidence which can be
procured, the sum included in the amount of such composition on
account of the tithes of such land, and the certificate and
applotment of such composition; and the entry of such certificate in
the registry of the diocese shall be amended accoudingly under the
direction of such court, and the rent-charges payable instead of
such composition for tithes shall be reduced proportionately.

TITHE RENTCHARGE (IRELAND) ACT 1838 - SECT 18
Periods necessary to establish prescriptions and claims of any modus
decimandi or exemption from tithes.

18. All prescriptions and claims of or for any modus decimandi, or
of or to any exemption from or discharge of tithes, shall in all
cases whatever be sustained and be deemed good and valid in law
upon evidence showing, in cases of a claim of modus decimandi, the
payment or render of such modus, and, in cases of claim to
exemption or discharge, the enjoyment of the land without payment or
render of tithes, money, or other matters in lieu thereof, for the
full period of thirty years next before the establishment of a
composition for such tithes under the Acts for that purpose made,
unless in the case of a claim of a modus decimandi the actual
payment or render of tithes in kind or of money or other thing
differeing in amount, quality, or quantity from the modus claimed,
or, in case of a claim to exemption or discharge, unless the
render or payment of tithes or of money or other matter in lieu
thereof, shall be shown to have taken place at some time prior to
such thirty years, or it shall be proved that such payment or
render of modus was made or such enjoyment was had by some consent
or agreement expressly made or given for that purpose by deed or
writing; and if such proof in support of the claim of exemption
shall be extended to the full period of sixty years next before
the establishment of such composition, such claim shall be deemed
absolute and indefeasible, unless it shall be proved that such
payment or render of modus was made or such enjoyment was held by
some consent or agreement expressly made or given for that purpose
by deed or writing; and where the render of tithes or compositions
for tithes might have been, incase this Act had not been made,
demanded by any archbiship, bishop, dean, prebendary, parson, vicar,
or other corporation sole, whether spiritual or temporal, or by the
said ecclesiastical commissioners, then every such prescription or
claim shall be valid and indefeasible upon evidence showing such
payment or render of modus made or enjoyment had as is
herein-before mentioned, applicable to the nature of the claim, for
and during the whole time that two persons in succession shall have
held the office or benefice in respect whereof such render of
thithes in kind might have been claimed, and for not less than
three years after the appointment and institution or induction of a
third person thereto: Provided always, that if the whole time of
the holding of such two persons shall be less than sixty years,
then it shall be necessary to show such payment or render of modus
made or such enjoyment had, not only during the whole of such time
but also during such further number of years either before or after
such time, or partly before and partly after, as shall with such
time be sufficient to make up the full period of sixty years, and
also for and during the futher period of three years after the
appointment and institution or induction of a third personto the
same office or benefice unless it shall be proved that such payment
or render of modus was made or such enjoyment was had by some
consent or agreement expressly made or given for that purpose by
deed or writing.

TITHE RENTCHARGE (IRELAND) ACT 1838 - SECT 19
Modus or exemption must be proved to have existed within one year
before composition.

19. No modus, exemption, or discharge shall be deemed to be within
the provisions of this Act, unless such modus, exemption, or
discharge shall be proved to have existed and been acted upon at
the time of or within one year next before the establishment of a
composition for the tithes to which such claim may relate under the
said Acts for that purpose made.

TITHE RENTCHARGE (IRELAND) ACT 1838 - SECT 20
To what cases the herein-before contained provisions as to modus or
exemption shall not extend.

20. Provided always, that the provisions herein-before contained with
respect to the establishment of claims of or for any modus or
exemption from or discharge of tithes shall not extend to any case
where the tithes of any land shall have been demised by deed for
any term of life or number of years, or where any composition fr
hes shall have been made by deed or writing by the person or body
corporate entitled to such tithes with the owner or occupier of the
land for any such term or number of years, and such demise or
composition shall be subsisting at the time of the passing of this
Act, nor to any suit for establishing a claim to tithes now
pending.

TITHE RENTCHARGE (IRELAND) ACT 1838 - SECT 21
Time during which lands have been held by persons entitled to the
tithes thereof, to be excluded in the computation; as also the time
during which any person capable of resisting any claim has been an
infant, &c.

21. Provided also, that where any lands or tenements shall have
been held or occupied by any rector, vicar, or other person
entitled to the tithes thereof, or by any person compounding for
tithes with any such rector, vicar, or other person, where the
right to the tithes of such lands may have been or may be during
any time in the occupier thereof or in the person entitled to the
rent thereof, the whole of every such time and times shall be
excluded in the computation of the several periods of time
herein-before mentioned: Provided also, that the time during which
any person otherwise capable of resisting any claim to any such
exemption or discharge as aforesaid shall have been an infant,
idiot, non compos mentis, feme covert, or lay tenant for life, or
during which any action or suit shall have been pending, and which
shall have been diligently prosecuted until abated by the death of
any party or parties thereto, shall be excluded in the computation
of the periods herein-before mentioned, except only in cases where
the right or claim is hereby declared to be absolute and
indefeasible.

TITHE RENTCHARGE (IRELAND) ACT 1838 - SECT 22
What it shall be sufficient to allege in proceedings relating to
the exemption of lands from tithes under this Act, &c.

22. In all proceedings to be taken after the passing of this Act
for the purpose of determining the exemption or discharge of any
lands from tithes it shall be sufficient to allege that the modus
or exemption or discharge claimed was actually exercised and enjoyed
for such of the periods mentioned in this Act as may be applicable
to the case; and any provision, execption, incapacity, disability,
contract, agreement, deed, or writing herein mentioned, or any other
matter of fact or law not inconsistent with the simple fact of the
exercise and enjoyment of the matter claimed, shall be specially
alleged and set forth, and shall not be received in evidence on
any general traverse or denial of the matter claimed.

TITHE RENTCHARGE (IRELAND) ACT 1838 - SECT 23
No presumption in support of a claim from exercise of right for a
less period than herein mentioned.

23. In the several cases mentioned in and provided for by this Act
no presumption shall be allowed or made in favour or support of
any claim upon proof of the exercise or enjoyment of the right
claimed for any less period of time or number of years than for
such period or number mentioned in this Act as may be applicable
to the case and to the nature of the claim.

TITHE RENTCHARGE (IRELAND) ACT 1838 - SECT 24
Rent-charges to whom payable.

24. The said rent-charges shall be payable to and amongst the
several persons who would have been, if this Act had not been
made, entitled to compositions for tithes arising out of the several
lands charged with such rent-charges respectively, and in the same
proportions, and vested in such persons, for the like estates or
interests, and subject to the like trusts, uses, charges, payments
rents, liens, and incumbrances of what kind or nature soever.

S.25 rep. by SLR 1976

TITHE RENTCHARGE (IRELAND) ACT 1838 - SECT 26
Certificates of compositions not to be evidence of the right of
persons therein described.

26.PS8800 [And wheras doubts have arisen with respect to the effect
of certificates for the composition of tithes in Ireland made under
the authority of the said Acts for establishing such compositions,
as respects the rights or titles of persons having or claiming to
have estates or interests in the tithes or compositions to which
such certificates respectively relate: And whereas the said
rent-charges will be payable to or divided among the several persons
entitled thereto according to the proportions of such compositions
payable to them respectively as in such certificates stated:]

Priority and recovery of rent-charges.

TITHE RENTCHARGE (IRELAND) ACT 1838 - SECT 27

27. The said rent-charges shall have priority over all other
charges, liens, mortgages, and incumbrances whatsoever affectig the
lands chargeable therewith, and shall and may be recovered by the
ways and means herein-after mentioned; (that is to say,) by bill in
equity, action of debt or on the case, or, if not exceeding twenty
pounds, by civil bill in the court of the assistant barrister or
chairman of the sessions of the county wherein the lands charged
therewith may be situate, or by distress, subject to the provisions
herein-after contained.

TITHE RENTCHARGE (IRELAND) ACT 1838 - SECT 28
Several parties may be included in one bill in equity.

28. It shall and may be lawful to include in the same bill in
equity or in the same petition all or any number of the persons
in any one parish who may make default in payment of such
rent-charges, in like manner as might have been done in suits in
equity for the recovery of tithe compositions inlieu of which the
said rent-charges are given, without being liable to any objection
on the ground of multifariousness, but with liberty to any of such
defendants, on payment of the demand against such defendant, and his
proportion of the costs, to have his name struck out of the bill
or petition.

S.29 rep. by 1969 c.30 (NI) s.132 sch.6

TITHE RENTCHARGE (IRELAND) ACT 1838 - SECT 30
Where rent-charge is in arrear, and the person liable thereto is
not in occuption of the lands charged therewith, or where such
person is not known, the Court of Chancery may order the rents of
such lands to be received in liquidation of such rent-charge, &c.

30. Provided always, that in all cases where any lands charged with
the said rent-charge shall be held or occupied by any person other
than the person liable under the provisions of this Act to the
payment thereof, it shall not be lawful to make any distress upon
such lands, or upon any other lands, goods, or chattels of such
person, for such rent-charge; but in all cases, and also in all
cases where the person liable to the payment of such rent-charge
may not be known to the party entitled to such rent-charge, and
such rent-charge shall be in arrear and unpaid for the space of
thirty-one days after the same shall have become due, it shall be
lawful for the Court of Chancery ..., upon application as
herein-after mentioned, and in default of its being shown to such
court that the person in occupation of such land is liable to the
payment of such rent-charge, to appoint a receiver, or to extend
any receiver already appointed over the said lands to the matter of
the said petition, to receive the rents or such part of the rents
of the lands charged with such rent-charge as shall be sufficient
to pay such rent-charge and all arrears thereof, until the whole of
such arrears shall be discharged, together with such fees as shall
be appointed by such court for such receiver, and also the costs
out of pocket of such application, and that out of the sums so
received such fees and costs shall be ordered to be paid; and such
order shall be made upon petition and affidavit, after reasonable
time given to show cause; and notice of the intention to make such
appliction shall, ten days previous to make the same, be served
upon the person, or the known attorney, agent, or steward of the
person, in receipt of or entitled to such rents, either by
delivering such notice to the party personally, or by leaving the
same at his usual place of residence, or in case such person be
not known, or there be any difficulty in effecting such service,
then by serving such notice in such manner as the court may, under
the circumstances, think proper to direct; and that the said
receiver shall be empowered by the said court to recover the said
rents, or so much thereof as may be necessary, by distress and all
such other remedies as receivers in any manner appointed by courts
of equity in Ireland are empowered to recover rents according to
the rules and practice of such courts respectively.

S.31 rep. by SLR (NI) 1954. S.32 rep. by 1900 c.58 s.12 sch.
Ss.3348 rep. by SLR 1874 (No. 2)

TITHE RENTCHARGE (IRELAND) ACT 1838 - SECT 49
Tithe composition Acts shall be taken to extend to Her Majesty, &c.

49. And whereas doubts have arisen how far the several Acts for
establishing compositions for tithes in Ireland extend to tithes
forming part of the hereditary revenues and possessions of the Crown
in Ireland: For the removal of which doubts be it enacted and
declared, that the said Acts shall be deemed to extend to the
Queen's Majesty, as if named therein; and that all compositions for
tithes belonging or which may have belonged to her said Majesty are
and shall be deemed to have been good, valid, and effectual to all
intents and purposes, as any compositions established in lieu of
tithes belonging to any other person.

TITHE RENTCHARGE (IRELAND) ACT 1838 - SECT 50
The provisions of this Act shall extend to compositions for tithes
belonging to Her Majesty.

50. All and every the provisions of this Act shall apply and
extend to the said compositions for tithes belonging to the Queen's
Majesty; and rent-charges shal become payable in lieu thereof; and
such rent-charges shall be collected and recovered and in all other
respects managed and dealt with according to the provisions of the
Acts in force relative to the hereditary possessions and land
revenues of the Crown in Ireland; and nothing herein contained shall
extend in any respect to alter or repeal the provisions of any Act
or Acts now in force with respect to the application of the annual
income arising from such tithes or compositions, or the sale
thereof, or the application of the monies arising from any such
sales; but such last-mentioned provisions shall extend ans apply to
the annual income arising from the rent-charges which will become
payable in lieu of such tithes or compositions under the provisions
of this Act, and to authorize sales threof, and to direct the
application of the monies arising from the sale of such rent-charges
according to the nature thereof respectively, in like manner as to
the annual income arising from such tithes and the monies arising
from sales thereof: Provided always, that nothing in this Act
contained shall in any manner prejudice or affect the right of her
said Majesty in or to any quit rent or other rent or payment
reserved upon or arising out of any grant, or payable on account
of any advowsons, rectories, vicarages, or other benefice or
preferment, or office spiritual or tithes.

TITHE RENTCHARGE (IRELAND) ACT 1838 - SECT 51
1833 c.100

51. And whereas by the said Act of the third and fourth years of
the reign of his late Majesty King William the Fourth it is
enacted that a certified copy of or extract from the memorial and
schedule or return attached thereto, a duplicate of which is by
that Act required to be lodged with the [chief clerk] shall be
sufficient evidence to all intents and purposes of the several
matters and things therein set forth: Every [chief clerk] with whom
any such duplicate memorial, and schedule or return attached thereto
is lodged, shall and he is herebyn required to furnish a certified
copy of or etract from the same respectively to any person
requiring the same, on payment of a sum not exceeding threepence
for every ninety words contained ins uch copy or extract; and every
sum of money set forth in such copy or extract shall be reckoned
only as a single word.

TITHE RENTCHARGE (IRELAND) ACT 1838 - SECT 52
Notices how to be served.

52. Whenever any notice required to be given by this Act cannot be
delivered to the person to whom such notice is directed, it shall
be sufficient to leave the same at the last or most usual place
of abode of such persons, if such persons shall be in Ireland, or
if such person or persons shall be in any other part of the
United Kingdom, or beyond the seas, then to publish the same in
the [Belfast Gazette], and in all cases in which any notice shall
be required to be given to or delivered by or on behalf of Her
Majesty, under any of the provisions of this Act, it shall be
sufficient if such notice shall be given to or delivered by the
commissioners for the time being of Her Majesty's woods, forests,
land revenues, works, and buildings, or any person authorized by
them to receive or give such notice on Her Majesty's behalf.

S.53 rep. by SLR (NI) 1954

TITHE RENTCHARGE (IRELAND) ACT 1838 - SECT 54
Interpretation of words used in this Act.

54. The words and expressions herein-after mentioned, which in their
ordinary signification have a more confined or a different meaning,
shall in this Act, except where the nature of the provision or
context of the Act shall exclude such construction, be interpreted
as follows; (that is to say,) the word "land" shall estend to
manors, messuages, and other hereditaments, whether corporeal or
incorporeal, and whether freehold ... or of any other tenure; and
the words "persons entitled to compositions for tithes," or to any
"composition," shall be construed to extend to and include all
ecclesiastical persons, and bodies corporate, sole or aggregate, lay
or ecclesiastical, or collegiate, and all incumbents of parishes,
whether rectors, vicars, or curates, and all impropriators and
appropriators, and all persons whomsoever being the owners of or
entitled in any manner whatsoever, at law or in equity, whether in
their own right or by virtue of any order or process of any
court, as trustees, devisees, personal representatives, lessees,
sequestrators, receivers, or otherwise, to any tithes or portion or
portions of tithes, or composition established in lieu of tithes, or
portion or portions of such composition, or who would have been so
entitled to any such composition if the same had not been suspended
by virtue of any lease or agreement; and the word "person" shall
extend to and comprise all and every bodies politic and corporate,
sole and aggregate, lay and ecclesiastical, and collegiate; and the
words "compositions for tithes" shall extend and be applied to any
portion or portions of a composition, and to any tithes or portion
of tithes, and to any part of a yearly payment thereof, as well
as to a composition; and the word "county" shall extend and be
applied to any riding, county of a city or county of a town, or
city and county, as well as a county at large; and the word
"parish" shall extend and be applied to any part of a parish
forming a distinct benefice, and to extra-parochial place or places
separately chargeable with any composition for tithes, as well as to
a parish; and every word importing the singular number only shall
extend and be applied to several persons or things as well as one
person or thing; and every word importing the masculine gender only
shall extend and be applied to a female as well as a male.

S.55 rep. by SLR 1874 (No. 2)






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