Imatges de pàgina
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may not be proved to have been given to any other or others of the Persons named therein.

of a Decree

II. And be it enacted, That every Order of either of the Order of Court said Courts of Chancery or Exchequer respectively made upon to have Effect any Petition, under the Provisions of the said Act or of this without EnrolAct, shall have, without Enrolment, the Force and Effect of a ment. Decree, and shall be enforced by such Writ of Execution or other Process as might be sued or issued to enforce any final Decree or Order of either of the said Courts; and every Order made by any Assistant Barrister on any such Petition preferred to him shall and may be enforced, and the Amount thereof levied, by all such Process as may be employed to enforce or carry into execution any Decree pronounced or made upon any Proceeding by Civil Bill by any such Assistant Barrister or Chairman under or by virtue of any Statute heretofore made, or by any of the Means in force before the passing of the said Act, for the Recovery of Tithe Composition.

III. And be it enacted, That in the Case of any Petition pre- What shall be sented by the Attorney General to any Assistant Barrister or the Period of Chairman under the said Act, the Period of Notice of such Notice of proceeding before Petition required by the said Act shall be computed to be Four- the Assistant teen Days before the Commencement of the General or Quarter Barrister. Sessions at which such Petition is intended to be preferred for the Division in which the Person in default, shall reside; any thing in the said Act contained to the contrary notwithstanding.

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IV. And whereas it is desirable to make Provision for the Lord Lieute'final Distribution and Dividend of the Relief Fund provided nant of Ireland by the said Act, without waiting the Termination of the Pro- in Council, upon 'ceedings which may be taken by the said Attorney General, erroneous Reand for that Purpose it is necessary to ascertain and deter- turn of Arrears, ' mine, within a reasonable Time, in what Cases only such may revise and 'Proceedings may or should be taken: And whereas several Persons who presented Memorials for Relief to the said Lord Lieutenant and Privy Council of Ireland under the said Act have, since Orders have been made thereupon by the said Lord Lieutenant and Privy Council, represented that they had erroneously returned therein Arrears of Tithe Com. 'position as owing to them by Persons having such Estates or Interests in the Lands subject thereto as made such Persons liable to be sued for the same by Her Majesty's Attorney General, pursuant to the Provisions of the said Act;' be it therefore enacted, That it shall be lawful for any Person who has presented any such Memorial under the said Act to lodge with the Clerks of Her Majesty's Privy Council in Ireland, within One Month from the passing hereof, a Statement of Errors, signed by him, of any Arrears which may have been so erroneously returned by him in the said Memorial, and of his Reasons for believing that such Error has been committed in the said Memorial; and it shall be lawful for the said Lord Lieutenant of Ireland in Council to cause the said Memorial and

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Interpretation
Clause.

Act may be altered this Session.

and Statement to be revised in such Manner as shall seem proper, and after such Revision to cause the Memorial to be corrected as may be found necessary, and to declare the Memorialist entitled to receive such Dividend upon any Monies originally returned by him as due by Persons having such Estates or Interests as aforesaid as he would have been entitled to had not such Errors been committed by him, and the Memorialist shall receive such Dividend accordingly; and it shall be lawful to and for the Lord Lieutenant of Ireland in Council, after the Expiration of the said Period of One Month, and on such Correction of such Memorial or Memorials, to direct that so much of the Relief Fund created by the said Act as shall be deemed necessary for the Purpose shall be retained and set apart to provide for the Payment of the Costs, Charges, and Expences attendant on the Revision of the said Memorial or Memorials, and of any Costs which may be incurred in the Proceedings to be taken by the said Attorney General, and which may not be recoverable or recovered from the Defendants in such Proceedings, or payable out of any Sum thereby recovered, and to direct that the Residue of the said Relief Fund shall be forthwith paid over to and distributed among the several Memorialists rateably and in proportion to the respective Sums found to have been payable to them by Persons not having such Estates or Interests; and the said Lord Lieutenant shall thereupon certify to the Commissioners of Her Majesty's Treasury the proportionate Sum so payable to each Memorialist, and they shall give the necessary Directions for the Payment thereof accordingly; and if the Sum which shall be so retained and set apart for defraying such Costs and Charges as aforesaid shall be found more than sufficient for that Purpose, the Balance thereof shall be paid over to the Lord Primate of Ireland and the Venerable the Archdeacon of Armagh, to the end that the same may be applied by them as they may think fit for the Benefit of the Widows and Orphans of deceased Clergymen of the Established Church in Ireland.

V. And be it enacted, That the Provisions made by the said Act for the Interpretation of certain Words and Expressions therein shall apply and extend to the like Words and Expressions in this Act; and that by the Expression "Relief Fund" shall be understood the Monies paid or payable to the Credit of the Account opened at the Bank of Ireland, and entitled "The Tithe Arrear Account," pursuant to the Provisions of the said Act.

VI. And be it enacted, That this Act may be amended or repealed by any Act to be passed in this present Session of Parliament.

CAP. XIV.

An Act to continue for One Year, and to the End of the next Session of Parliament, the Acts for the Relief of Insolvent Debtors in Ireland.

[19th May 1840.]

WHEREAS an Act was passed in the Session of Parlia

ment holden in the First and Second Years of the

Reign of His late Majesty King George the Fourth, intituled An Act for the Relief of Insolvent Debtors in Ireland, to con- 1 & 2 G. 4. tinue in force for a certain Time therein limited; and the c. 59. said Act was amended by another Act passed in the Third Year of the same Reign, and both said Acts were continued by another Act made in the Seventh and Eighth Years of the same Reign: And whereas another Act was made in the Tenth Year of the same Reign, whereby the said recited Acts of the First and Second and Third Years of the same Reign • were amended and further continued; and the same, so • amended, were by an Act made in the First Year of the Reign of His late Majesty King William the Fourth further continued; and the same, so amended, were by another Act 'made in the Second Year of the Reign of His said late Majesty King William the Fourth further continued: And whereas by another Act made in the First and Second Years of the Reign of His said late Majesty King William the Fourth, intituled An Act to improve the Administration of Jus- 1 & 2 W. 4. tice in Ireland, certain Provisions of the said recited Act of c. 31.

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the First and Second Years of the Reign of His said late Majesty King George the Fourth were repealed, and certain other Provisions were made, and certain Persons declared, ' in certain Cases therein specified, to be entitled to the Benefit of the Acts for the Relief of Insolvent Debtors in Ireland: And whereas by another Act made in the Fourth and Fifth Years of the Reign of His said late Majesty King William the Fourth the said recited Acts were continued for One Year 'from the passing of the said last-mentioned Act of the Fourth and Fifth Years of the Reign of His said late Majesty King 'William the Fourth, and until the End of the then next Ses'sion of Parliament: And whereas by another Act made in the Sixth and Seventh Years of the Reign of His said late Majesty King William the Fourth the said recited Acts were 'further continued for Three Years from the passing of the 'said Act of the Sixth and Seventh Years of His said late Majesty, and until the End of the then next Session of Parliament: And whereas it is expedient that the said Acts should be further continued:' Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That the said recited Act of the First

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and

The several

Acts herein

mentioned, relating to the Relief of Insol

vent Debtors, with certain Exceptions, continued.

Act may be altered this

Session.

and Second Years of the Reign of His said late Majesty King
George the Fourth, as the same is amended by the said recited
Acts of the same Reign, and save and except as any Provi-
sions thereof may be repealed, or other Provisions substituted
for the same by the said recited Acts of the Reign of His said
late Majesty King William the Fourth, shall be continued; and
the said recited Acts of the First and Second, Third, and
Tenth Years of the Reign of His said late Majesty King
George the Fourth, and such Parts of the said recited Act of
the First and Second Years of the Reign of His said late
Majesty King William the Fourth as relate to the Law for the
Relief of Insolvent Debtors, shall be and the same are hereby
continued for One Year from the passing of this Act, and
thenceforth until the End of the next Session of Parliament.
II. And be it enacted, That this Act may be amended or
repealed by any Act to be passed in this present Session of
Parliament.

CAP. XV.

6 & 7 W. 4. c. 71. s. 67.

7 W. 4. &
1 Vict. c. 69.
s. 11.

2 & 3 Vict. c. 62. s. 10.

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An Act further to explain and amend the Acts for the
Commutation of Tithes in England and Wales.
[4th June 1840.]
WHEREAS by an Act passed in the Seventh Year of
the Reign of His late Majesty King William the Fourth,
'intituled An Act for the Commutation of Tithes in England and
Wales, it is enacted, that from the First Day of January next
following the Confirmation of any Apportionment in any
Parish under the said Act, the Lands of such Parish shall be
• absolutely discharged from Tithes, except as in the said Act
is provided in certain Cases, and instead thereof there shall
be payable to the Person entitled to such Tithes, and in that
Behalf mentioned in the said Apportionment, a Sum of Money
in the Nature of a Rent-charge issuing out of the Lands
charged therewith; and by an Act passed in the First Year
of the Reign of Her present Majesty, intituled An Act to
• amend an Act for the Commutation of Tithes in England and
Wales, Provision is made for the Lands in a Parish being
discharged from Tithes (except as in the said first-recited
Act is excepted) by Agreement between the Parties to any
Parochial Agreement or Supplemental Agreement, from cer-
tain Days preceding or following the Confirmation of the
Apportionment, instead of the said First Day of January next
following such Confirmation, but so that the first Payment
of the Rent-charge be made and recoverable at the Expiration
of Six Calendar Months from the Time from which such
Lands are discharged from the Payment of Tithes; and
by an Act passed in the last Session of Parliament, the
Commissioners appointed under the said first-recited Act are
enabled by their Award, and the Land Owners and Tithe
Owners by Supplemental Agreement, in like Manner to fix

the

'the Period at which any Rent-charge shall commence: And ' whereas after an Agreement for or Award of Rent-charge has 'been made and confirmed by the said Commissioners, much 'Delay is often occasioned in settling and adjusting the 'Apportionment before the same can be confirmed by the 'Commissioners; and, to avoid the Loss of the Proportion of Tithes or Composition for the Period intervening between 'the Expiration of any former Agreement or Composition and 'the Commencement of such Rent-charge, the Tithe Owner is 'compelled to have recourse to taking Tithes in Kind, or to a 'Suit in Equity; and in other Cases, by reason of the Lands so remaining subject to Tithes, or Composition for Tithes, 'during such Period, such Tithes continue to be taken in Kind, or may be so taken on the Determination of any Com'position existing at the Date of such Agreement or Award, ' notwithstanding that the Parties have agreed for, or the Com'missioners awarded, the Sum which under the Provisions of the said Acts ought to be taken as the permanent Rent'charge payable instead of such Tithes; and great Hardship is thereby occasioned, contrary to the Spirit and Intent of the 'said Acts: And whereas it is expedient to make Provision for 'Remedy thereof, and otherwise to explain and amend the said ' recited Acts, in manner herein-after mentioned:' Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That in every Case where an annual Sum by way of Rent-charge shall have been fixed in any Parish, instead of the Tithes of such Parish, either by Agreement or Award, it shall be lawful for the said Commissioners, by a Declaration in Writing under their Hands and Seal of Office, or the Hands of any Two of them, at any Period after the Confirmation of any such Agreement or Award respectively, and before the Confirmation of the Apportionment to be made in respect of the Rent-charge so fixed, upon the Application in Writing of any Land Owner or Occupier, and upon such Security being given to the said Commissioners as they shall in their Discretion think sufficient for the due Payment to the Parties entitled thereto of such Rent-charge from the Day to be fixed in such Declaration, to declare that the Lands in such Parish shall be discharged from the Liability to Payment or Render of Tithes, or Composition or Rent in the Nature thereof instead of Tithes, and that instead thereof the annual Payment or Rent-charge so fixed by any such Award or Agreement respectively shall be paid to the Person entitled to the same by half-yearly Payments, commencing and calculating from such Day of Discharge named in such Declaration as aforesaid: Provided always, that the Day to be fixed in such As to the Time Declaration of the said Commissioners as aforesaid shall, in of commencing every Case in which any Agreement for a Composition or Rent such Rentcharge. in the Nature thereof instead of Tithes shall be in force at the Time of making such Application to them as aforesaid, be the

Day

Power to dedischarged from Tithes in certain Cases after Confirmation of

clare Lands

the Award or Agreement for gross Rentcharge.

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