Tithe Rentcharge (Ireland) Act 1838

Appeals to be heard in the Manner provided by 2 & 3 W. 4. c. 119; but no Order to be made except for confirming the Composition, unless fraud, concealment, or misrepresentation affecting the Amount of Composition be proved

XIV. And be it enacted, That every such Appeal shall be heard and determined, and an Order made thereupon for confirming or for decreasing or increasing or modifying the Amount of such Composition, in like Manner as is provided by the said last-mentioned Act with respect to Appeals thereby authorized to be made against such Certificates; and all the Enactments and Provisions contained in the same Act relating to the Appeals thereby authorized to be made against such Certificates, and the Costs thereof, shall extend and be applied to Appeals authorized by this Act, and the Costs thereof, except so far as the same are repugnant to the Provisions of this Act: Provided always, that no Order shall be made on any such Appeal, otherwise than for confirming the Composition stated in the Certificate, unless it shall be proved that some Fraud, Concealment, Misrepresentation or Circumvention was Practised by or on the Part of some Party interested in such Composition, whereby the Commissioner may have been deceived, or whereby the Knowledge of any Fact or Facts which was or were essential to enable the Commissioner to make a just Decision was withheld from him, and whereby the Amount of such Composition was unduly affected: Provided also, that when an Appeal from any Certificate of Composition has before the passing of this Act been decided upon the Merits by the Lord Lieutenant in Council, or by any Judge of Assize, no further Appeal relating thereto shall be made by virtue of this Act.