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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.

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