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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.

© 1838 Crown Copyright

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