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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.

© 1838 Crown Copyright

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