(6) Where the occupier of the lands out of which the tithe rentcharge
issues is liable under any contract made before the passing of this Act
to pay the tithe rentcharge, and is consequently liable by virtue of
this Act to pay the amount thereof to the owner of the lands, the owner
of such lands shall serve notice of such liability on the owner of the
tithe rentcharge, and thereupon, before an order under this section is
made, there shall be such service on the occupier in addition to the
owner as may be prescribed, and a hearing of such occupier if he appears
and desires to be heard. Any owner of the lands who fails to serve such
notice as aforesaid on the owner of the tithe rentcharge, shall not
be entitled to recover from the occupier any sum which he has paid on
account of the tithe rentcharge as aforesaid, unless and until he has,
after notice to the occupier of his application for the same, obtained
from the County Court a certificate that there was good and sufficient
cause for the failure to give such notice, and that the occupier has not
been prejudiced thereby.
(7) Rules under this Act may regulate the procedure practice and costs
under this Act in County Courts, and may direct what service shall be
good service for the purposes of this Act on the owner or occupier of any
lands or the owner of any tithe rentcharge, and may provide that, if the
owner of any lands is not known, any proceeding under this Act may be
taken against the owner of the lands without naming the person who is the
owner.
(8) The fees payable on the proceedings under this section shall not
exceed those set forth in the schedule to this Act, and the fees,
charges, and expenses in or incidental to any distress under this Act
shall be the same as are for the time being payable under the Law of
Distress Amendment Act, 1888.[292]
(9) Nothing in this Act shall impose or constitute any personal liability
upon any occupier or owner of lands for the payment of any tithe
rentcharge, or any other sum recoverable or payable under this Act, and
the Court shall not, by virtue of this Act, or of the County Courts Act,
1888,[293] have any power to imprison any such occupier or owner by
reason only of the non-payment of such tithe rentcharge or other sum,
and shall in any other case have no other or greater powers of fine or
imprisonment than are conferred by the County Courts Act, 1888.
_Rules._
III.—(1) The Lord Chancellor may, after consultation with the Rule
Committee of County Court Judges, make rules for carrying this Act
into effect, and for regulating, providing, and prescribing any matter
authorised by this Act to be regulated, provided, or prescribed by rules
under this Act. In framing such rules, regard shall be had to making the
procedure as simple and inexpensive as is practicable.
Public-domain text, read in full here on John Shaqi.
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