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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.


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