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Tithe Act (repealed 19.11.1998)

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Version Superseded: 19/11/1998

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16 Remedy for enforcing payment of contribution to rent-charge. F1U.K.

In case any land charged with one amount of rent-charge shall belong to two or more landowners in several portions, and the owner of any one of such portions, or his tenant, shall have paid the whole of such rent-charge, or any portion thereof greater than shall appear to him to be his just proportion, and contribution thereto shall have been refused or neglected to be made by any other of the said landowners, or his tenant, after a demand in writing made on them, or either of them, for that purpose, it shall be lawful for any justice of the peace acting for the county or other jurisdiction in which the land is situated, upon the complaint of any such landowner, or his tenant or agent, to summon the owner so refusing or neglecting to make contribution, or his tenant, to appear before any two or more of such justices of the peace, who, upon proof of the demand and of service of the summons, as herein-after provided, whether or not the party summoned shall appear, shall examine into the merits of the complaint, and determine the just proportion of the rentcharge so paid as aforesaid which ought to be contributed by the landowner of such other portion of the said land, and by order under their hands and seals shall direct the payment by him of what shall in their judgment be due and payable in respect of such liability to contribution, with the reasonable costs and charges of such proceedings, to be ascertained by such justices; and thereupon it shall be lawful for the complainant to take the like proceedings for enforcing payment of the said amount of contribution and costs, and with the like restriction as to the arrears recoverable, as are given to the owner of the rent-charge by the said first-mentioned Act or this Act for enforcing payment of the rent-charge.

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