Tithe Rentcharge (Ireland) Act 1838

Effect of Certificates of Compositions as to right of Parties entitled thereto.

XXVI. ‘And whereas Doubts have arisen with respect to the Effect of Certificates for the Composition of Tithes in Ireland made under the Authority of the said Acts for establishing such Compositions, as respects the Rights or Titles of Persons having or claiming to have Estates or Interests in the Tithes or Compositions to which such Certificates respectively relate: And whereas the said Rent-charges will be payable to or divided among the several Persons entitled thereto according to the Proportions of such Compositions payable to them respectively as in such Certificate stated;’ be it therefore enacted, That no Certificate made under the said Acts, or any of them, or which may be amended under the Provisions of this Act, shall, as against any Person claiming any Estate or Interest in Tithes or Composition for Tithes in Ireland, and asserting such Claim by any Proceeding at Law or in Equity, be deemed to be Evidence of the Right or Title of any Person in such Certificate described; and that if it shall be decided by any Court of competent Jurisdiction that any Person other than the Person in such Certificate described, or those deriving under such Person, would have been entitled to such Composition or to the Tithes to which the same shall relate, the Person so declared entitled shall be thereupon authorized and entitled to receive the Rent-charge or Proportion thereof accruing due under Authority of this Act, in lieu of the Composition in such Certificate mentioned, as if originally named therein; but until such Decision such Certificate, and all Payments made under the same, shall be good, valid, and effectual against all Persons whatsoever.