II.—(1) Where any sum due on account of tithe rentcharge issuing out
of any lands is in arrear for not less than three months, the person
entitled to such sum may, whatever is the amount, apply to the County
Court of the district in which the lands or any part thereof are situate,
and the County Court, after such service on the owner of the lands as may
be prescribed, and after hearing such owner if he appears and desires to
be heard, may order that the said sum, or such part thereof as appears
to the Court to be due, be, together with the costs, recovered in manner
provided by this Act, and tithe rentcharge as defined by this Act shall
not be recovered in any other manner.
(2) Where it is shown to the Court that the lands are occupied by the
owner thereof, the order shall be executed by the appointment by the
Court of an officer who, subject to the direction of the Court, shall
have the like powers of distraint for the recovery of the sum ordered
to be paid as are conferred by the Tithe Acts on the owner of a tithe
rentcharge for the recovery of arrears of tithe rentcharge, and no
greater or other powers; and if there is no sufficient distress the
person entitled to the sum ordered to be recovered may proceed to obtain
possession of the lands under section eighty-two of the Tithe Act,
1836.[291]
(3) In any other case the order shall be executed by the appointment by
the Court of a receiver of the rents and profits of the lands, and of any
other lands which would be liable to be distrained upon for the tithe
rentcharge to which the order refers under the provisions of section
eighty-five of the Tithe Act, 1836, and where any of such lands are held
at one rent together with other lands in another parish, the Court shall
apportion the rent between the said lands and the lands in the other
parish in proportion to their rateable value, in which case the payment
of such apportioned rent by the occupier to the receiver shall in every
respect, as between the occupier and the owner of the lands, be deemed to
be a payment on account of the total rent payable to the owner of such
lands.
(4) Subject to the prescribed regulations, the County Court shall have
the same powers over receivers as in any other case, and may confer on
the person appointed receiver any powers which the Court can confer upon
persons appointed receivers, but the court shall not have power to order
the sale of lands.
(5) Any sum ordered by the Court under this section to be recovered shall
be payable by a trustee in bankruptcy, sheriff, or officer of a Court
who is in possession of the lands, in like manner as if it were tithe
rentcharge recoverable under the Tithe Acts.
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