Church Temporalities Act, 1840

Persons liable to Tithe or Rent-charge may oppose Application for Applotment.

Proceedings thereon respectively.

IX. And be it enacted, That it shall be lawful for any Person or Persons, liable to the Payment of any Rent-charge in such Parish under the said recited Act, to apply by counter Memorial to the Lord Lieutenant in Council to be heard in opposition to such Memorial, such counter Memorial to be lodged with the Clerk of the Council within Twenty Days after such Notice shall have been published as aforesaid, or within such further Time as such Lord Lieutenant in Council shall order; and it shall be lawful for the Lord Lieutenant in Council to examine into the Merits of any such Memorial or counter Memorial, and for that Purpose to receive such Evidence on Oath and otherwise as to him shall seem meet, and to make such Order, whether for dismissing such Memorial, or for directing an Applotment to be made, or respecting the Manner in which such Applotment shall be made, or respecting the Omission therefrom of any Lands which may appear to be Tithe-free, or otherwise, as to the said Lord Lieutenant in Council shall seem meet; and it shall be lawful for the said Lord Lieutenant and Council, for the better informing them upon any Matter relating to the Subject of the Prayer of such Memorial or counter Memorial, to direct any such Matter to be inquired into before the Judge or Judges of Assize for the County in which such Parish shall be situate, with or without a Jury, as the Lord Lieutenant and Council shall order, and such Judge or Judges shall so inquire accordingly, and shall receive Evidence on such Inquiry, as in Cases of Trials by Nisi Prius, and shall certify the Result of such Inquiry to the Lord Lieutenant in Council.