Tithe Rentcharge (Ireland) Act 1838

Persons who may not have received Payment of their Compositions for 1834, 1835, 1836, or 1837 shall apply for Relief by Memorial;

such Relief not to extend to Compositions payable by undertaking Landlords.

XLI. And be it enacted, That it shall and may be lawful for any Person entitled, or who would have been entitled if this Act had not been made, to any Compositions for Tithes accrued and now remaining due and payable in Ireland for the Years One thousand eight hundred and thirty-four, One thousand eight hundred and thirty-five, One thousand eight hundred and thirty-six, or for the Year One thousand eight hundred and thirty-seven, to make Application, at any Time within Two Calendar Months next after the passing of this Act, to the Lord Lieutenant of Ireland, in Her Majesty’s Privy Council there, praying Relief in respect of such Compositions for Tithes; and such Application shall be made by Memorial, with a Schedule thereunto annexed, to be prepared and verified in manner by the said recited Act of the Third and Fourth Years of His late Majesty’s Reign, directed in respect of Applications for Relief to be made thereunder; provided that in case of the Death, Illness, Absence, Disability, or Incapacity of any Person entitled to Relief under this Act, it shall be lawful for the Personal Representatives, Guardian, Attorney, Steward, or Agent of such Person to make such Application as aforesaid, and that in such Case the Contents of the Memorial and Schedule shall be verified upon Oath by such Personal Representatives, Guardian, Attorney, Steward, or Agent, as the Case may be: Provided that it shall not be lawful to include in any such Memorial and Schedule any Compositions for Tithes the Payment whereof may have been agreed for and undertaken by any Person under the herein-before recited Act of the Second and Third Years of His late Majesty’s Reign; and provided further, that in the Schedule to be annexed to each such and Memorial the Applicant shall specify and distinguish, according to the best of his Knowledge and Belief, the Tithe Compositions to which he shall claim to be or have been so entitled, if any, payable by Persons having, when such Compositions accrued due, such like Estates or Interests in the Lands chargeable with such Compositions respectively as would, under the provisions herein-before contained, have made the Owners thereof liable to the payment of the Rent-charges herein-before mentioned if this Act had been in force, and such Rent-charges payable at the Time when such Compositions accrued due; and provided further, that all Compositions included in any such Memorial and Schedule shall be stated according to the original Amount thereof respectively, exclusive of any Addition to such Compositions made under the said recited Act of the Third and Fourth Years of His late Majesty’s Reign on account of any Advances made thereunder; and the said Lord Lieutenant and Council shall cause each such Memorial and Schedule to be revised by such Persons and in such Manner, and the several Matters and Things stated in or appearing thereby proved upon such Evidence, as to them shall seem proper; and if they shall so think fit, they shall declare the Memorialist entitled to Relief under this Act; and upon and after the Completion of the Proceedings herein-after authorized for the Recovery of the Compositions payable by Persons having such Estates or Interests as herein-before described, the said Lord Lieutenant shall certify to the Commissioners of the Treasury the Sum which shall be found due to each such Memorialist, exclusive of any Sums recovered by any such Proceedings as herein-after directed, and paid to him: Provided always that if upon the Revision of any such Memorial and Schedule any Sum claimed therein should appear to have been previously paid or satisfied, or if such Memorial or Schedule should contain any false and wilful Misrepresentation, then and in such Case it shall be lawful for the said Lord Lieutenant to direct such Sum by way of Penalty, not exceeding the Amount such unfounded Demand, or the Item in respect whereof such false a wilful Misrepresentation may have been made, as be shall think proper, be deducted from and out of any Sum payable to the Memorialist under the Provisions herein-after contained; and he shall certify to the said Commissioners of the Treasury the Sum so to be deducted, and the same shall deducted accordingly.