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.

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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)

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Northern Irish Legislation

TITHE RENTCHARGE (IRELAND) ACT 1838 - SECT 30